DC #087442
DOB: 09/28/63
Sixth Judicial Circuit, Pinellas
County, Case #83-00678
Sentencing Judge: The Honorable
William L. Walker
Trial Attorney: Ky M. Koch, Esq.
& Ronnie G. Crider, Esq.
Attorney, Direct Appeal: John E.
Swisher, Esq. & Robert H. Dillinger, Esq.
Attorney, Collateral Appeals:
Mark Gruber & David Hendry – CCRC-M
Stephen Hanlon, Esq. –
Private
Date of Offense: 06/18/82
Date of Sentence: 03/14/84
Circumstances of Offense:
Richard Cooper was convicted and
sentenced to death for his part in three murders that occurred during
the course of a robbery on 06/18/82.
Eight-year-old Chris Fridella
contacted police in the early morning hours of 06/18/82, notifying them
that his father and two of his father’s friends had been shot.
When
authorities arrived at the scene, they found Steven Fridella, Bobby
Martindale, and Gary Petersen dead, lying face down on the floor with
their hands bound behind them. The victim’s wallets had been rummaged
through, and the house had been scoured in an apparent search for
valuables.
Approximately six months later,
Robin Fridella, Steven Fridella’s ex-wife, furnished police with
information that pointed to Richard Cooper and his accomplices: Terry
Van Royal, Jason Dirk Walton and Jeff McCoy.
During an interview,
Cooper confessed to the murders and relayed the following information in
his statement.
The four men had planned the robbery for over a week
and, on the evening of 06/17/82, they went to the Fridella residence.
Jeff McCoy stayed in the car while the other three men entered the
house. Cooper, Royal, and Walton rounded up the adults in house, tied
their hands and laid them down on the living room floor. Eight-year-old
Chris Fridella was ushered into the bathroom. Walton searched the house
while Cooper and Royal guarded the captives.
One of the captives was
able to identify Walton, so, Walton pronounced that all three men must
be shot. Walton commanded Cooper and Royal to open fire on the captive
men when his own gun misfired. Upon leaving the house, Walton told
Cooper that one of the men was still alive, at which time Cooper
re-entered the house and shot Fridella again.
Additional Information:
Richard Cooper was convicted of
a burglary (Case# 82-00221) that occurred on 07/24/82, after the
aforementioned murders. He was subsequently sentenced to one year and
one month imprisonment for that crime.
Codefendant Information:
Jason Dirk Walton was convicted
and sentenced to death for his part in the murders that occurred on
06/18/82.
Terry Van Royal Jr. and Jeff
McCoy were sentenced to three life sentences for their parts in the
murders.
Trial Summary:
08/17/82 Defendant
arrested.
04/06/83 Defendant
indicted on the following:
Count I: First-Degree
Murder (Gary Petersen)
Count II: First-Degree
Murder (Bobby Martindale)
Count III: First-Degree
Murder (Steven Fridella)
04/14/83 The defendant
entered a plea of “not guilty”.
01/13/84 The jury found
the defendant guilty on all counts.
01/14/84 Upon advisory sentencing, the jury
voted for the death penalty by a 9 to 3 majority for the murder of Gary
Petersen, by a 7 to 5 majority for the murder of Bobby Martindale, and
by a 7 to 5 majority for the murder of Steven Fridella.
03/14/84 The defendant was sentenced as
followed:
Count I: First-Degree
Murder (Gary Petersen) - Death
Count II: First-Degree
Murder (Bobby Martindale) - Death
Count III:
First-Degree Murder (Steven Fridella) - Death
Case Information:
Cooper filed a Direct Appeal in
the Florida Supreme Court on 04/06/84. In that appeal, he argued that
the trial court erred in the admission of evidence that was seized in an
unlawful search and in the application of aggravating and mitigating
circumstances. The Florida Supreme Court agreed with Cooper that the
murder was not committed during the course of a kidnapping; however,
they affirmed the application of all other aggravating factors found by
the trial court. On 07/17/86, the Florida Supreme Court affirmed the
convictions and sentences of death.
Cooper next filed a Petition for
Writ of Certiorari in the United States Supreme Court, which was denied
on 02/23/87.
The defendant then filed a
Motion to Vacate Judgment and Sentence (3.850) in the State Circuit
Court on 02/22/89. While that motion was pending, Governor Bob Martinez
signed a death warrant for Richard Cooper, and the execution was
scheduled for 06/20/89. On 06/07/89, the State Circuit Court granted a
stay of execution. Twelve and a half years after its original filing
date, the Circuit Court denied Cooper’s 3.850 Motion. Cooper filed an
appeal of that decision in the Florida Supreme Court on 10/15/01, which
was affirmed on 06/26/03.
During the deliberation on
Cooper’s 3.850 Motion, he filed a Petition for Writ of Habeas Corpus in
the Florida Supreme Court. The petition was dismissed without prejudice
on 09/07/99 to be re-filed under Florida Rule of Appellant Procedure
9.140 (b) (6) (e).
On 03/20/02, Cooper filed
another Petition for Writ of Habeas Corpus in the Florida Supreme Court
which was denied on 06/26/03.
On 12/24/03, Cooper filed a
Petition for Writ of Certiorari in the United States Supreme Court,
which was denied 03/01/04.
On 06/22/04, Cooper filed a
Petition fir Writ of Habeas Corpus with the U.S. District Court, Middle
District, that is pending.
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