Date of Sentence:
11/10/92
Circumstances of Offense:
The body of Sandra Sutherland
was discovered on the bed of her apartment around 2:00 p.m. on 01/16/91.
She had
been gagged, bound, and stabbed thirteen times in the back, with all but
one wound penetrating the lungs. Sutherland’s bedroom had been
ransacked, the contents of her purse dumped on the floor, and her VCR
was missing.
Numerous fingerprints were
gathered from the apartment, including prints from a piece of paper and
from a jar of face cream found in the bedroom. The VCR was located at
a local pawn shop. Fingerprints found at the apartment and on the VCR
matched a fingerprint on a pawn shop ticket for Charles W. Finney, who
had pawned the VCR for a $30 loan.
When questioned by police about
his whereabouts on the day of the murder, Finney told police that he was
home sick and never left his apartment. When police confronted Finney
with the fact that he had pawned Sutherland’s VCR, he told police that
he was taking out his garbage, found the VCR, and pawned it for cash.
Finney was a neighbor of
Sutherland, until she moved to a different apartment in the same complex
eight months prior to the murder. Finney testified that Sutherland
contacted him about screening in her patio at her new apartment, and
that he had been in Sutherland’s apartment to help her move boxes in the
apartment.
Prior Incarceration History in
the State of Florida:
Prior to the murder, Finney was sentenced to two years of community
supervision for a 1990 Cocaine Possession charge.
On
01/29/91, Finney raped, robbed, and kidnapped a gift shop owner. On
07/20/92, Finney was convicted of the crimes, and on 11/10/92, he was
sentenced to two terms of thirty years imprisonment and one term of life
imprisonment, respectively (Case # 91-1612).
*****
Trial Summary:
02/16/91 Indicted as follows:
Count I First-Degree
Murder
Count II Armed Robbery
Count III Sexual
Battery
Count IV Dealing in Stolen
Property
09/14/92 State nolle prossed Count III of the indictment
09/17/92 Jury returned guilty verdicts on all counts of the
indictment
09/18/92
Jury recommended death by a vote of 9-3
11/10/92
Sentenced as follows:
Count I First-Degree
Murder – Death
Count II Armed Robbery –
Life Imprisonment
Count IV Dealing in Stolen
Property – 15 years
*****
Case Information:
Finney filed a Direct Appeal with the Florida Supreme Court on 12/31/92,
citing the following errors: insufficient evidence to support
convictions and the use of pecuniary gain as an aggravator; excluding
evidence that the bondage was of a consensual and sexual nature;
denying a defense request that Finney’s shackles be removed during the
penalty phase; allowing the testimony and prohibiting cross-examination
of the victim of the robbery and rape perpetrated two weeks after the
Sutherland murder; denying the request for jury instructions on the
specific nonstatutory mitigating circumstances; and instructing and
finding three aggravating factors.
On 07/20/95, the FSC affirmed the
convictions and sentences.
Finney filed a Petition for Writ of Certiorari with the U.S. Supreme
Court on 12/04/95 that was denied on 01/22/96.
Finney filed a 3.850 Motion with the Circuit Court on 03/31/97 that was
denied on 05/04/00.
Finney filed a 3.850 Motion Appeal with the Florida Supreme Court on
06/22/00, citing claims of ineffective assistance of counsel. On
09/26/02, the FSC affirmed the trial court’s denial of the 3.850
Motion.
Finney filed a Petition for Writ of Habeas Corpus with the Florida
Supreme Court on 02/19/01, citing claims of ineffective assistance of
counsel. On 09/26/02, the FSC denied the Petition.
Finney filed a Petition for Writ of Habeas Corpus with the U.S. District
Court, Middle District, on 01/24/03 that is pending.
Finney filed a 3.850 Motion with the Circuit Court on 07/11/03 that was
denied on 03/16/04.
Finney filed a 3.850 Motion Appeal with the Florida Supreme Court on
05/21/04 that was denied on 05/06/05.
Floridacapitalcases.state.fl.us
