DC# 662131
DOB: 02/20/67
Fifteenth Judicial Circuit, Palm
Beach County, Case #92-791
Sentencing Judge, Trial I: The
Honorable Marvin U. Mounts, Jr.
Sentencing Judge, Trial II: The
Honorable Marvin U. Mounts, Jr.
Attorneys, Trial I: Richard
Springer & Anthony Natale – Private
Attorneys, Trial II: Michael
Dubiner & Greg Lerman – Private
Attorney, Direct Appeal I:
Charles Musgrove – Private
Attorneys, Direct Appeal II:
Michael Dubiner & Mark Wilensky – Private
Attorney, Collateral Appeals:
Leor Veleanu – CCRC-S
Date of Offense: 12/16/91
Date of Sentence I: 04/21/93
Date of Sentence II: 02/05/99
Circumstances of Offense:
Byron Bryant was convicted and
sentenced to death for the 12/16/91 murder of Leonard Andre.
On the evening of 12/16/91, two
unidentified men entered Andre’s Market in Delray Beach. Leonard Andre
was in the back of the store preparing the day’s receipts, while his
wife tended to the front of the store. As the men entered the store,
one headed to the back in an apparent search for the restroom, while the
other man remained out front.
The man in the front of the store, at
gunpoint, demanded money from Mrs. Andre. As she gave him the money,
she heard the sound several gunshots radiate from the back of the
store. After the two men fled, Mrs. Andre ran to the back of the store
where she found her husband lying in a pool of blood. He had been shot
three times at close range.
Neither Mrs. Andre nor her
brother, who witnessed the incident from across the street, could give a
detailed description of the assailants or identify Bryant out of a photo
lineup. There was no physical evidence linking him to the robbery or
murder. Bryant’s involvement was only suspected after several of his
acquaintances tipped off police.
Upon arrest, Bryant confessed to
murdering Andre during the attempted robbery. During his trial,
however, Bryant denied any involvement and insisted that his previous
statement was the product of police coercion.
Trial Summary:
02/06/92 The defendant
was indicted on the following:
Count I: First-Degree
Murder
Count II: Robbery with a
Firearm
03/15/93 The jury found the defendant guilty
on both counts charged in the indictment.
03/15/93 Upon advisory sentencing, the jury,
by a 9 to 3 majority, voted for the imposition of the death penalty.
04/21/93 The defendant was sentenced as
followed:
Count I:
First-Degree Murder – Death
Count II:
Robbery with a Firearm – Life
04/19/95 The Florida Supreme Court vacated
Bryant’s convictions and sentence of death. The Florida Supreme Court
remanded the case for a new trial, finding that it was reversible error
for the trial judge to be absent from the courtroom during a readback of
testimony.
02/13/98 At retrial, the defendant was found
guilty as charged.
02/05/99 The defendant was resentenced as
followed:
Count I:
First-Degree Murder – Death
Count II:
Robbery with a Firearm – Life
(Note: During retrial, Bryant waived his
right to a jury for an advisory sentencing recommendation)
Case Information:
On 06/01/93, Byron Bryant filed
a Direct Appeal in the Florida Supreme Court. In that appeal, Bryant
noted that the trial court erred in refusing to excuse six jurors for
cause, thus requiring the defense to use its peremptory challenges to
remove them. In examining this issue, the Florida Supreme Court found
that the trial court did not abuse its discretion by refusing to excuse
five of the six jurors. The trial court did err in denying Bryant’s
challenge for cause with regard to potential juror Pekkola; however, the
Florida Supreme Court found this error to be harmless. Bryant also
argued that the trial judge committed “fundamental error by leaving the
courtroom during a readback of testimony without an informed waiver of
the judge’s presence by the defendant.” The Florida Supreme Court
agreed, finding “the trial court’s absence during the readback of
testimony without a valid waiver constitutes reversible error.” As
such, the Florida Supreme Court vacated Bryant’s convictions and
sentence of death and remanded the case for a new trial.
Bryant was again sentenced to
death on 02/05/99 and subsequently filed another Direct Appeal in the
Florida Supreme Court on 02/18/99. In that appeal, Bryant argued that
the trial court erred in finding him competent to stand trial and in
requiring him to wear restraints while being tried. The Florida Supreme
Court noted that it was an error to require Bryant to wear restraints
without holding a hearing to determine the if the restraints were
warranted; however, due to Bryant’s history of violent courtroom
behavior, the high court deemed the error to be harmless. Bryant also
contended that the trial court failed to adequately evaluate several
nonstatutory mitigating factors. The Florida Supreme Court affirmed his
convictions and sentence of death on 04/05/01.
Bryant next filed a Petition for
Writ of Certiorari in the United States Supreme Court, which was denied
on 11/13/01.
Bryant filed a 3.850 Motion in
the State Circuit Court on 11/20/02. The State filed a Motion to Strike
the 3.850, which was granted on 12/19/02. As such, Bryant filed an
amended motion on 03/04/03 that was denied on 08/11/03.
Bryant filed an appeal of that
decision in the Florida Supreme Court on 09/08/03, citing ineffective
assistance of counsel and Ring and Apprendi claims. On 04/28/05, the
Florida Supreme Court affirmed the denial of the Motion.
Bryant also filed a Petition for Writ of Habeas Corpus in
the Florida Supreme Court on 01/20/04, citing ineffective assistance of
counsel. On 04/28/05, the Florida Supreme Court denied the
Petition.
Floridacapitalcases.state.fl.us
