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Seventh Judicial Circuit, Putnam
County, Case #83-376
Sentencing Judge: The Honorable
Robert R. Perry
Attorney, Trial: Howard Pearl -
Assistant Public Defender
Attorney, Direct Appeal: Larry
Henderson - Assistant Public Defender
Attorneys, Collateral Appeals:
Martin McClain & John Abatecola – CCRC-S
Date of Offense: 02/06/83
Date of Sentence: 09/23/83
Circumstances of Offense:
On 02/06/83, the body of
75-year-old Lima Smith was discovered in the bedroom of her home.
Smith’s body was found by her brother, who became worried about her when
she failed to answer the door. Smith had been stabbed multiple times in
her face and neck and had been sexually assaulted.
Charles Westberry, a witness for
the State, testified that, on the morning of 02/06/83, Joel Wright came
to his home and confessed to killing Smith. Wright acknowledged that he
entered her home through an open window with the intention of stealing
money from her purse.
Wright admitted to killing her because she saw
him in the hallway and could identify him. Wright indicated that he did
not want to go back to prison. Wright then asked Westberry to provide
an alibi for him. Several weeks later, when Westberry informed his wife
of the circumstances, she notified the police.
Police reports indicated that
Wright’s fingerprint was lifted from inside Smith’s home. Evidence was
also introduced that Wright had burglarized Smith’s home on a previous
occasion, having gained access to the house through an open window.
*****
Trial Summary:
04/22/83 The defendant
was indicted on the following charges:
Count I: First-Degree
Murder
Count II: Sexual Battery
Count III: Burglary of a
Dwelling
Count IV: Second-Degree Grand
Theft
09/01/83 The jury found the defendant guilty
of all counts charged in the indictment.
09/02/83 Upon advisory sentencing, the jury,
by a 9 to 3 majority, voted for the imposition of the death penalty.
09/23/83 The defendant was sentenced as
followed:
Count I: First-Degree
Murder - Death
Count II: Sexual Battery –
99 years
Count III: Burglary of a
Dwelling – 15 year
Count IV: Second-Degree Grand
Theft – 5 years
*****
Case Information:
On
10/17/83, Wright filed a Direct Appeal in the Florida Supreme Court. In
that appeal, he argued that the trial court erred by refusing to allow
the proffered testimony of witness Kathy Waters. Waters had followed
the events of the trial and read about the case in the newspaper. Prior
to final arguments, Waters came forward with testimony indicating that,
on the night of the murder, she saw a man fitting the description of the
appellant walking along Highway 19 in the opposite direction of the
victim’s home. She also offered proffered testimony that she saw three
unfamiliar men “congregated” near the victim’s house. The State argued
that allowing such evidence would be in violation of the rule of
sequestration. The Florida Supreme Court noted that “the trial judge
erred in failing to exercise his discretion to determine whether
exclusion was warranted under the circumstances, and, instead, applied
the sequestration rule as a strict rule of law.” The Florida Supreme
Court, however, found this error to be harmless given that the
admittance of such evidence would have not changed the verdict. Wright
also argued that trial court erred in allowing evidence of a prior crime
and in its application of the “avoid arrest” aggravating factor.
Additionally, Wright contended that the consideration and application of
the cold, calculated and premeditated (CCP) aggravating factor was an
error. The Florida Supreme Court agreed that the CCP factor was not
proven beyond a reasonable doubt. In light of the other aggravating
factors and the limited mitigating circumstances, however, the Florida
Supreme Court affirmed the convictions and sentence of death on
07/03/85.
Wright next filed a Petition for Writ of Certiorari in the United States
Supreme Court, which was denied on 01/21/86.
Wright then filed a 3.850 Motion in the State Circuit Court. That
motion was denied on 06/08/89, after which, Wright filed an appeal in
the Florida Supreme Court. On 05/09/91, the Florida Supreme Court
remanded the case to the State Circuit Court for an evidentiary hearing
on Wright’s claim that his “public defender’s service as a special
deputy sheriff affected his ability to provide effective legal
assistance.” Following an evidentiary hearing on the matter, the State
Circuit Court again denied all relief. Wright filed an appeal of that
decision in the Florida Supreme Court, which was affirmed on 07/03/03.
On
12/31/01, Wright filed a Petition for Writ of Habeas Corpus, which was
also denied on 07/03/03.
On
01/08/04, Wright filed a Petition for Writ of Certiorari in the United
States Supreme Court. The petition was denied on 03/29/04.
Wright filed a 3.851 Motion in the State Circuit Court on
08/06/04. Wright raised two claims in his 3.851 Motion. His
first claim was that affidavits submitted by two individuals are Brady
material or are newly discovered evidence. The court found them to
be neither. Wright’s second claim was a request for testing of
certain biological evidence that was collected at the scene of the
crime. The circuit court denied Wright’s second claim as well.
The motion was denied on 03/23/06.
