DC #941687
DOB: 05/25/62
Seventeenth Judicial Circuit,
Broward County, Case #91-19140
Sentencing Judge: The Honorable
Howard M. Zeidwig
Trial Attorney: Jeffrey Alan
Glass, Esq.
Attorney, Direct Appeal: Jeffrey
L. Anderson - Assistant Public Defender
Attorney, Collateral Appeals:
Ira Still, Esq. - Registry
Date of Offense: 09/27/91
Date of Sentence: 11/17/93
Circumstances of Offense:
Robert Consalvo was convicted
and sentenced to death for the murder of Lorraine Pezza that occurred on
09/27/91.
On the evening of 09/21/91,
Lorraine Pezza went to an automatic teller machine (ATM) with her
neighbor, Robert Consalvo. Pezza withdrew $200, putting $60 in her
wallet and placing the other $140 in her glove compartment.
The two
returned to Pezza’s apartment, and about an hour later, Pezza realized
she had left her $140 in the car. Pezza searched for her car keys, but
was unable to find them. Relying on a spare key, Pezza unlocked her car
and discovered that her money was missing.
She called police, and when
they arrived, they questioned Consalvo. He denied having any part in
the missing keys or money. When the police and Consalvo left, however,
Pezza phoned the police asking them to return.
Pezza expressed that she
felt Consalvo stole the money, but that she was afraid to voice her
suspicions earlier with him present. Pezza also inquired as to how she
could press charges against him.
On 09/27/91, Pezza hired a
locksmith to change the locks on her doors, mailbox and car. He was the
last person to see her alive. On the same day, Consalvo was seen using
Pezza’s ATM card, as documented by the teller’s security camera.
Consalvo was also recognized driving a car that looked like Pezza’s.
On 10/03/91, Consalvo was
spotted breaking into the apartment of Myrna Walker, the downstairs
neighbor of Lorraine Pezza. Police were called to the scene and
Consalvo was apprehended. Upon searching Consalvo, police found Pezza’s
checkbook in his possession.
One of the detectives attempted
to speak with Pezza regarding the stolen checkbook, but there was no
answer at her door. He left his card lodged in her doorway, instructing
her to call him when she got in.
When friends and family began to worry
about her disappearance, and police noticed the detective’s card still
lodged in her doorway, they broke into Pezza’s apartment. Pezza’s body
was found decomposing in her apartment.
The cause of death was
determined to be several stab wounds, the fatal wound being inflicted to
the left side of her chest. Medical examiners determined that Pezza had
been killed three to seven days before her body was found.
While in custody for the
burglary of the Walker residence, Consalvo made several incriminating
statements implicating himself in Pezza’s murder.
He confessed to his
mother that he was involved in a murder during a telephone conversation,
and he allegedly told a fellow inmate in that he killed Pezza after she
caught him breaking into her apartment. When searching Consalvo’s
apartment, investigators found a towel with blood on it that matched
Pezza’s
Additional Information:
Consalvo was convicted and
sentenced to three years community supervision for an additional
burglary that he committed in 1986.
Trial Summary:
10/23/91 Defendant
indicted on:
Count I: First-Degree
Murder
Count II: Armed Burglary
02/11/93 The jury found
the defendant guilty on both counts.
03/25/93 Upon advisory sentencing, the jury,
by an 11 to 1 majority, voted for the death penalty.
11/17/93 The defendant was sentenced as
followed:
Count I: First-Degree
Murder - Death
Count II:
Armed Burglary - Life
Case Information:
On 11/29/93, Consalvo filed a
Direct Appeal in the Florida Supreme Court. In that appeal, he argued
that the prosecution made several discovery violations and that during
their closing argument, they improperly executed a “straw man” defense.
Consalvo also contended that the trial court erred when it instructed
the jury that unexplained possession of stolen property could justify a
burglary conviction. In regard to the penalty phase, Consalvo
asserted that victim impact evidence was improperly admitted, that his
due process rights were violated in the sentencing order and that the
court erred in its consideration of non-statutory mitigating evidence.
He also argued the application of the “avoid arrest” aggravating factor.
The Florida Supreme Court affirmed the convictions and sentence of
death on 10/03/96.
Consalvo next filed a Petition
for Writ of Certiorari in the United States Supreme Court, which was
denied on 05/04/98.
He filed Motion to Vacate
Judgment and Sentence (3.850) in the State Circuit Court on 04/09/99,
which was denied 02/19/04.
Consalvo filed an appeal of the
denial of the motion in the Florida Supreme Court, raising evidentiary
issues. On 05/18/06, the FSC affirmed the denial of the motion.
Floridacapitalcases.state.fl.us
