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Gregory
CAPEHART
Classification: Murderer
Characteristics:
Rape - Robbery
Number of victims: 1
Date of murder:
February 3, 1988
Date of birth:
August 9, 1967
Victim profile: Marlene Reeves, 62
(she was physically ill and also
mentally retarded)
Sixth Judicial Circuit, Pasco
County, Case #88-00394 CF
Sentencing Judge: The Honorable
Maynard F. Swanson, Jr.
Trial Attorney: A. J. Ivie, Esq.
– Private
Attorney, Direct Appeal: Robert
F. Moeller – Assistant Public Defender
Attorney, Collateral Appeals:
Richard Kiley & James Viggiano – CCRC-M
Date of Offense: 02/03/88
Date of Sentence: 04/11/89
Circumstances of Offense:
Gregory Capehart was convicted
and sentenced to death for the murder of 62-year-old Marlene Reeves on
02/03/88.
Marlene Reeves, the victim, was
an elderly woman who lived independently in her own apartment in Dade
City. She was completely illiterate; she could not read, write, or make
change. Edith Snow, a friend of the victim, testified that many people
took advantage of Reeves.
Reeves’ body was discovered by
police officers while investigating a reported break-in at her apartment
complex. Deputy Sheriff Jeffrey Clark found Reeves’ apartment ransacked
and her body lying on her bed, with a pillow covering her face. Reeves’
underwear was pulled down to her knees and her nightgown was pushed up
to expose her breasts.
Medical examiners concluded that Reeves’ sexual
organs were injured, indicating a sexual assault prior to death. Reeves
died as a result of asphyxia from being smothered with a pillow.
Investigators lifted a palm print from the scene, which was later found
to match Gregory Capehart’s.
Capehart admitted to Walter
Harrison, a longtime friend, that he killed Reeves, but told him that it
was an accident. Capehart said that he broke into her apartment to
steal some money, but Reeves woke up, and when he tried to knock her out
with the pillow, he accidentally killed her.
When making a statement to
police after his arrest, however, Capehart then claimed he was with a
couple of guys who were going to rob Reeves. Capehart claimed that he
was outside during the robbery, and when he entered Reeves bedroom, he
saw one of the guys strangling her.
Trial Summary:
02/24/88 Defendant
indicted on the following:
Count I: First-Degree
Murder
Count II: Burglary W/ Intent
to Commit Assault
04/20/88 Defendant
entered a plea of “not guilty” on both counts.
02/22/89 The jury found
the defendant guilty of the following:
Count I: First-Degree
Murder
Count II: Burglary W/O
Intent to Commit Assault
02/23/89 Upon advisory sentencing, the jury,
but a 7 to 5 majority, voted for the death penalty.
04/11/89 The defendant
was sentenced as followed:
Count I: First-Degree
Murder - Death
Count II: Burglary W/O Intent to Commit
Assault – 15 years
NOTE: Capehart’s sentence on
Count II: Burglary W/O Intent to Commit Assault was later reduced to
seven years.
Case Information:
Capehart filed his Direct Appeal
in the Florida Supreme Court on 05/30/89. In that appeal, Capehart
argued that there was insufficient evidence to prove he killed Marlene
Reeves and that the trial court erred in permitting the testimony of a
medical examiner, who did not perform the autopsy.
Capehart objected to
the testimony of Officer Muck who negated Capehart’s claim that someone
else killed Reeves, and he also objected to the admission of character
evidence of the victim.
In reference to the penalty phase, Capehart
argued that the court did not adequately examine his claim of
ineffective counsel and their refusal to grant him a new court-appointed
counsel. He also claimed that the court erred in its application of
aggravating factors.
Upon examination of this claim, the Florida
Supreme Court ruled that the cold, calculated, and premeditated (CCP)
aggravating factor was falsely applied to Capehart’s case. With three
other valid aggravating factors present, however, the Supreme Court
deemed the inclusion of the CCP factor as harmless error.
On 06/13/91,
the Florida Supreme Court affirmed the convictions and sentence of
death; however, they vacated Capehart’s 15-year burglary sentence and
remanded for re-sentencing according to sentencing guidelines.
On 12/01/91, Capehart filed a
Petition for Writ of Habeas Corpus in the United States Supreme Court,
which was denied on 01/21/92.
On 04/19/93, Capehart filed a
Motion to Vacate Judgment and Sentence (3.850) in the State Circuit. He
has filed six amended motions, the last of which was filed on 07/10/03.
On 04/21/04, an evidentiary hearing was held and the judge granted a new
penalty phase. Capehart is awaiting resentencing.
Floridacapitalcases.state.fl.us
Gregory Capehart
DOB: 08/09/67
Date of Sentence: 04/11/89
Who is Gregory?
Gregory was born on August 9, 1967, lived in Dade
City, Florida. His mother was an alcohol addicted, during her pregnancy
never more than two days passed by without being completely drunk.
As the mother arrived at home with the baby after a
difficult delivering, the father throw the baby through the window out
into the rain. In the following years the parents took rarely care of
Gregory, they did not speak to him, apart from letting him know that he
was unwanted and unloved. Added to this his parents fought all the time
and didn't stop from being violent. These familiar surroundings left
their marks, Gregory had mental problems and later went to a school for
mentally retarded children.
After his parents separated, Gregory lived with his
maternal grandmother in Orlando. Life got not better there, it only
changed. Grandmother's favorite was Gregory's older brother Raymond. He
was intelligent, an athlete and could do no wrong to his grandmother.
The same could not be said for Gregory, who suffered from the rage of
his Grandmother and got beaten by her, even then Raymond was the
wrongdoer.
Gregory's childhood was stamped by constant rejection
on one hand and a permanent struggling for acceptance on the other hand.
Gregory started drinking in a very young age and like
father and mother he drank till being completely drunk.
All this could have caused him getting a angry young
man. But this did not happen. Even when attacked, he would not fight
back. Many times he was beaten by the children of the neighborhood, but
he never fought back. His nonviolent behavior and the open talks about
his Christian believes earned him the nickname "Preacher".
As a youth he went back to his father in Dade City.
It didn’t went well between the two and Gregory lived on the streets. He
came into the wrong crowd and did all that older children told him to
do, to get accepted by them. This way he became toy of drug-addicted and
criminals.
In the age of 15 he was transferred to a youth-center
because of burglary, he described that time as the “best in his life”.
After this he went back to the streets.
During a time in jail in 1985 he tried several time
to commit suizide.
In his psychological report of Feb. 2nd, 2002 Dr.
Bill E. Mosman finds, that Gregory is classified as mentally retarded
after Florida’s law.
The Crime and Circumstances of the Crime
Gregory was convicted and sentenced to death for the
murder of 62-year-old Marlene Reeves.
Marlene Reeves, the victim, was an elderly woman who
lived independently in her apartment. She was physically ill and also
mentally retarded, wasn’t able either to read nor write. This was reason
why people around her took advantage of her. Edith Snow, a friend of the
victim, testified that many people took advantage of Reeves.
Reeves’ body was discovered by Deputy Sheriff Jeffrey
Clark. He investigated a reported break-in at Rebecca Henry’s apartment.
She was awaken by an intruder at 5 a.m. Henry described the intruder as
a black male, 5’9’’ tall, 165 lbs – no similarity to Gregory.
Deputy Clark wanted to question the direct neighbor
of Henry – Marlene Reeves.
He found Reeves’ apartment ransacked and her body
lying on her bed, with a pillow covering her face. She was smothered
with a pillow and after the Medical examiners she was sexual assault
prior to death. Investigators lifted a palm print from the scene, which
was later found to match Gregory Capehart’s.
Witnesses
A neighbor of Reeves – R. Caruthers – testified that
he saw a man wearing a yellow/orange trench-coat between 4.40 and 6.00
a.m. heading to Reeve’s apartment.
D. Harrison testified, she saw Capehart that night
with a black trench-coat.
Rebecca Henry – the woman next door – who was
awakened by an intruder: In trial the state made the jury believe that
Gregory also burglarized her apartment. However Henry had not identified
him and her description did not fit Gregory.
Further Facts
There was another crime suspect, the state knew his
name and had access to this individual's fingerprints. His fingerprints
were never compared to those retrieved from the scene of the crime.
Nothing of that all was revealed to the defense - possible evidence for
Gregory's innocence.
Gregory made statements. The state knew that these
statements were coerced. The statements were consistent with the initial
results of the investigation. However later it was discovered that the
initial interpretation of the evidence was wrong, therefore the coerced
statements of Gregory didn't fit the evidence anymore. That fact too the
state tried to hide from defense and jury. The state asked the jury
simply to ignore evidence that was inconsistent with the statements.
The mental health experts, who testified for the
state, got the statements presented as the truth, therefore they reached
completely forged conclusions and presented these conclusions to the
jury.
They found a partial palm print at the outer window-screen,
that fit Gregory's. The state presented this as evidence of his guilt
and clamed that the perpetrator entered the victim's bedroom through the
window. However this is contrary to the other evidence, during
investigation it became clear, that the perpetrator came through the
door and left through the window. Therefore the palm print is without
conclusiveness.
The coerced statements was consistent with what the
state wrongly believed at first (perpetrator entered through the window).
Gregory's story:
He was selling drugs at that day. Somebody wanted to
buy drugs, but told Gregory he had no money with him. Therefore this man
had to get his money. Greg accompanied him. Greg was waiting outside.
When he looked through the window, he saw the man on that woman, pushing
a pillow on her face. Greg panicked and run...
Trial Summary
02/24/88 – Gregory indicted on First Degree Murder
and Burglary with intent to commit assault
04/20/88 – Gregory entered a plea of “not guilty”
02/22/89 – An all-white jury (the victim was white
too – Gregory is black) found Gregory guilty of First Degree Murder and
Burglary Without Intent to Commit Assault
02/23/89 – The jury voted for the death penalty by a
7 to 5 majority. , voted for the death penalty. The official sentencing
is on 04/11/89
In the following direct appeal the Florida Supreme
Court confirmed conviction and sentence. The US Supreme Court refused in
January 1992 to hear the case.
