DC# 188854
DOB: 09/20/62
Fifth Judicial Circuit, Lake
County, Case #99-249
Sentencing Judge: The Honorable
T. Michael Johnson
Attorneys, Criminal Trial:
William Stone & Jeffrey Higgins - Assistant Public Defenders
Attorney, Direct Appeal:
Christopher S. Quarles - Assistant Public Defender
Attorney, Collateral Appeals:
Eric Pinkard & James Driscoll – CCRC-M
Date of Offense: 12/21/98
Date of Sentence: 07/24/00
Circumstances of Offense:
Allen Ward Cox was convicted and
sentenced to death for the murder of Thomas Baker. The murder occurred
on 12/21/98 at the Lake Correctional Institute, where Cox was an inmate
serving several life sentences for kidnapping, sexual battery and
aggravated battery.
On 12/20/98, Cox noticed that
someone had broken into his personal footlocker and stolen $500.
According to the testimony of several inmates, Cox announced to the
other inmates in his dormitory that he would give $50 to anyone who
would identify the thief. Cox threatened to kill the thief upon
discovering his identity and indicated no concern for the consequences.
On 12/21/98, during the inmate’s
lunch hour, Cox motioned for Thomas Baker to come over to him. Cox hit
Baker, knocking him to the ground. Baker struggled to free himself from
the attack and repeatedly denied stealing the $500. Cox then stabbed
Baker three times with an ice-pick-shaped shank. Cox fled behind the prison pump house and hid the shank in a pipe.
After being stabbed, Thomas
Baker fled the scene to nearby correctional officers. Baker identified
his attacker as “Big Al, Echo Dorm, Quad Three.” Baker hysterically
motioned to the officers that he was having trouble breathing and could
feel his lungs filling up with blood. Baker died en route to the
hospital. Medical examiners testified the fatal stab wound pierced
Baker’s lungs and aorta.
Cox returned to his dorm where
he confronted Donny Cox (no relation) about his stolen money. Cox
threatened Donny and told him he would kill him too if he had anything
to do with the stolen money. Cox returned to his cell where he attacked
his cellmate Lawrence Wood. Cox told Wood he was lucky because he would
also have been stabbed if Cox had not already discarded the shank.
NOTE: Allen Cox was serving multiple life sentences at Lake Correctional
Institute at the time of the current offense.
Trial Summary:
02/05/99 The defendant
was indicted on the following charges:
Count I: First-Degree
Murder
Count II: Battery (later
pled guilty)
03/14/00 The jury found
the defendant guilty of First-Degree Murder.
03/20/00 Upon advisory sentencing, the jury,
by a 10 to 2 majority, voted for the death penalty.
07/24/00 The defendant
was sentenced as followed:
Count I: First-Degree
Murder - Death
Count II: Battery – 5 years
Case Information:
On 08/28/00, Allen Cox filed a
Direct Appeal in the Florida Supreme Court. In that appeal, he argued
that the trial court erred in failing to declare a mistrial following a
discovery violation by the State and a testimonial violation of an order
in limine. The Florida Supreme Court noted that, although a discovery
violation did occur, it was inadvertent and did not prejudice Cox’s case
and that the trial court gave the proper curative instruction following
the violation of the order in limine. Cox claimed that the prosecutor’s
misstatements of the law constituted fundamental error and that the
trial court erred in the consideration and application of aggravating
and mitigating circumstances. The Florida Supreme Court affirmed Cox’s
conviction and sentence of death on 05/23/02.
Cox next filed a Petition for
Writ of Certiorari in the United States Supreme Court, which was denied
01/13/03.
Cox filed a 3.850 Motion in the
State Circuit Court on 01/08/04 that was denied on 04/21/05.
Cox filed a 3.851 Motion Appeal
in the Florida Supreme Court on 05/23/05 that is pending.
Cox filed a Petition for Writ of Habeas Corpus in the
Florida Supreme Court on 01/17/06 that is pending.
FloridaCapitalCases.state.fl.us
