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Gary Eldon ALVORD

 
 
 
 
 

 

 

 

 


A.K.A.: "Paul Brock"
 
Classification: Murderer
Characteristics: Rape - Robbery
Number of victims: 3
Date of murder: June 17, 1973
Date of birth: January 10, 1947
Victims profile: Georgia Tully, 53; Ann Herrman, 36, and Lynne Herrman, 18
Method of murder: Strangulation with a nylon cord
Location: Hillsborough County, Florida, USA
Status: Sentenced to death on April 9, 1974
 
 
 
 
 

Florida Supreme Court

 

Gary Eldon Alvord, Appellant, vs. State of Florida, Appellee. 694 So. 2d 704

 
opinion initial brief of appellant
 
brief of appellee reply brief of appellant
 
 
 
 
 
 

AKA: Paul Brock

DC #041482
DOB: 01/10/47

Thirteenth Judicial Circuit, Hillsborough County, Case #73-1398
Sentencing Judge: The Honorable Robert W. Rawlins
Trial Attorney: Tom Meyers – Assistant Public Defender
Attorney, Direct Appeal: Richard W. Seymour – Assistant Public Defender
Attorney, Collateral Appeals: William Sheppard – Private

Date of Offense: 06/17/73

Date of Sentence: 04/09/74

Circumstance of Offense:

On June 18, 1973, investigators of the Hillsborough County Sheriff’s Office responded to a residence in reference to a triple homicide. Three victims were discovered at the scene, Victim I: Georgia Tully (age 53), Victim II: Ann Herrman (age 36, victim I’s daughter), Victim III: Lynne Herrman (age 18, victim II’s daughter).

The body of Georgia Tully was found in the back bedroom of the house, the body of her daughter Ann was located in a hallway between the living room and kitchen. The body of Lynn Herrman was discovered in the kitchen.

Pathology reports indicate that all three women died from asphyxia due to strangulation with a nylon cord. The pathologist discovered sperm in the vaginal tract of Lynn Herrman indicating recent sexual intercourse. The time of death for the victims was estimated to have occurred between 11:00 a.m. Saturday June 16, 1973 and 1:30 p.m. Monday, June 18, 1973.

Investigators suspected an individual known as Paul Brock and, after attempting to locate the suspect, discovered that the suspect had left town with his girlfriend and her son.

On June 25, 1973, Paul Brock’s girlfriend contacted the Hillsborough County Sheriff’s Office and wanted to make a statement. She related to investigators that her boyfriend, Paul Brock, had admitted that his real name was Gary Alvord and confessed to her that he had murdered the three victims.

Additional Information:

It has been reported that Gary Alvord has had a long history of documented mental health problems and a family history of mental illness. In Alvord’s 3.850 Motion, he claimed that his mother was treated and hospitalized off and on for mental illness, possibly Schizophrenia, throughout her life. He claimed that she had a breakdown and was subsequently hospitalized immediately following the birth of her son. This circumstance, therefore, led mental health practitioners to conclude the abandonment in Alvord’s infancy exacerbated his mental problems.

It is alleged that Alvord’s father was abusive to Gary and blamed him for his wife’s breakdown. Beginning at 11 years of age, Gary Alvord was placed in various foster homes where it was alleged that the cycle of abuse continued at the hands of his foster parents.

At age 12, he was placed in Northville Hospital in Michigan for psychiatric care. Alvord received numerous mental health evaluations and received a variety of different psychiatric diagnoses including; Sociopathic Personality Disorder, Passive Aggressive with underlying Schizophrenia, and it was noted that his behavior could be described as psychotic. It is reported that Alvord walked off the premises numerous times while he was institutionalized.

During these escapes it was reported that Alvord participated in violent behavior; he threatened one of his attending physicians, threatened to kill any officer who tried to apprehend him, and was allegedly involved in a shooting with his brother-in law. 

In 1963 Alvord was transferred to the Iona State Hospital, which at the time was a maximum-security hospital for the criminally insane. At Iona, he was diagnosed with Schizophrenic Reaction, Paranoid Type.

During one of Alvord’s escapes, he was arrested for the kidnapping and rape of a ten-year-old girl. It is noted that Alvord admitted his participation in that crime and confessed his involvement in other rapes. In 1970, he was tried for that crime but was found not guilty by reason of insanity.

Alvord attempted to escape from the hospital again in 1971; however, he was immediately apprehended. Alvord was later granted leave from the hospital, despite his classification as a dangerous offender, and did not return on the scheduled date. Alvord then went to Florida and was on escape status during the commission of this offense.

Throughout the appellate process Alvord’s attorneys have alleged that he is not competent to be executed.

In 1973, during the defendant’s trial, he was transferred to Florida State Hospital to determine if he was competent to stand trial. He was determined to be competent by Dr. Daniel J. Sprehe.

Prior to the signing of the death warrant Governor Graham ordered a competency hearing pursuant to Florida Statute 922.07 (Executive Order # 79-53) Governor Graham appointed three psychiatrists to evaluate Alvord. Alvord’s attorney filed a motion in Circuit Court for a protective order to prevent the evaluation from taking place. The order was denied on 08/03/79.

Psychiatrists went to Florida State Prison for the purpose of evaluating the inmate at which time the inmate under the advice of counsel refused to participate in the evaluation process. The executive order was subsequently dissolved on 01/09/80.

After the Governor signed the second Death Warrant on 11/02/84, he ordered another competency hearing on 11/20/84. (Executive Order # 84-214) Alvord then filed a Petition for All Writs to the Florida Supreme Court requesting that he be evaluated separately from the procedures as set forth in F.S. 922.07. That petition was subsequently denied.  

Alvord was found to be incompetent by the panel of psychiatrists appointed by the Governor. The Governor then ordered a future examination to be conducted on September 29, 1987.

Trial Summary:

04/04/74 The defendant was found guilty by the trial jury of three counts of First-Degree Murder as charged in the indictment. Upon advisory sentencing, the trial jury recommended the death penalty for all three counts.

04/09/74 Defendant was sentenced as follows:

Count I:           First-Degree Murder (Georgia Tully) – Death

Count II:          First-Degree Murder (Ann Herrman) – Death

Count III:         First-Degree Murder (Lynn Herrman) – Death

Case Information:

On 09/24/87, Alvord filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court seeking a stay of a mental health examination ordered by the Governor, claiming that a Hitchcock error had occurred. (The 1987 United States Supreme Court ruling in Hitchcock v. Dugger, 481 U.S. 393(1987) held that it is an error for a judge to refuse to consider nonstatutory mitigating circumstances and to instruct a jury not to consider such evidence.) The Florida Supreme Court determined that a Hitchcock error had occurred; however, determined the error to be harmless.

Alvord then filed a second 3.850 Motion in State Circuit Court. Alvord alleged he should be entitled to an evidentiary hearing. In 1992 the trial court entered an order granting an evidentiary hearing to allow the presentation of non-statutory mitigating evidence. Prior to this hearing Alvord amended his motion to include an unrelated matter.

The Trial Court considered the amended motion and then reversed its previous ruling by denying the evidentiary hearing. This motion was then denied on 09/28/95. Alvord then appealed the trial court’s denial of the 3.850 is motion to the Florida Supreme Court, which was then affirmed on 04/10/97. 

There are presently no appeals pending in this case and no further psychiatric evaluations have been ordered.

Floridacapitalcases.state.fl.us

 

 

 
 
 
 
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