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Leonardo
FRANQUI
Classification: Murderer
Characteristics:
Robbery - Bank robbery
Number of victims: 2
Date of murders: December 6, 1991 / January 3, 1992
Date
of arrest: January 18,
1992
Date of birth:
September 26,
1970
Victims profile: Raul Lopez / Steven Bauer (Police
Officer)
Eleventh
Judicial Circuit, Dade County Case # 92-2141B
Sentencing Judge: The Honorable
Rodolfo Sorondo, Jr.
Attorney, Trial: Eric Cohen –
Private
Attorney, Direct Appeal: Eric
Cohen – Private
Attorney, Collateral Appeals:
Mary Bonner – Registry
Date of Offense:
01/03/92
Date of Sentence:
10/11/94
Date of Resentence: 09/18/98
Circumstances of Offense:
On 01/03/92, Leonardo Franqui,
along with codefendants Ricardo Gonzalez, Pablo San Martin, and two
other associates, robbed the Kislak National Bank in North Miami,
Florida. During the robbery, a cash box was taken from one of the
drive-thru tellers and a security guard was shot and killed during the
robbery.
On 01/18/92,
Gonzalez was stopped by police and confessed to the crime, also
implicating Franqui in the robbery. San Martin also confessed to
the robbery. Franqui was questioned by police on 01/18/92, wherein
he also confessed to the crime.
Trial Summary:
02/14/92Indicted as follows:
Count I - First-Degree Murder
Count II - Armed Robbery
Count III-IV - Aggravated Assault
Count V - Possession of a Firearm During a Criminal
Offense
Count VI - Grand Theft
Count VII - Burglary
Count VIII - Grand Theft
Count IX - Burglary
06/02/94Jury returned guilty verdicts on all counts
09/23/94Jury recommended death sentence by a 9-3 vote
10/11/94Sentenced as follows:
Count I - First-Degree
Murder – Death
Count II - Armed Robbery –
Life Imprisonment
Count IV,VI,VII-IX - 5 years each
07/03/97FSC vacated death sentence and remanded for resentencing
08/31/98Jury recommended death sentence by a 10-2 vote
09/18/98Resentenced to death
Codefendant Information:
Ricardo Gonzalez was
convicted and sentenced to death. On 09/18/97, his convictions were
affirmed by the FSC, but his death sentence was vacated, and the case
was remanded to the trial court for a new penalty phase hearing.
Gonzalez was resentenced to death on 09/18/98. His death sentence was
affirmed by the FSC on 05/10/01.
Pablo San Martin was
convicted and sentenced to death. The judge in the case overrode the
jury recommendation of life imprisonment and sentenced San Martin to
death. On 06/11/98, his convictions were affirmed by the FSC, but his
death sentence was vacated, and the trial court was ordered to sentence
San Martin to life imprisonment.
Prior Incarceration History in the State of Florida:
On 10/15/92, Franqui was
sentenced to five year terms for the following crimes committed on
11/29/91 (Case Number 92-6346): Aggravated Assault With a Weapon,
Attempted Armed Robbery, and Grand Theft. Also on 10/15/92, Franqui was
sentenced to twenty-two year terms for the following crimes committed on
01/14/92 (Case Number 92-1680): Kidnapping and Armed Robbery.
On 11/23/93, Franqui was
sentenced for the following crimes committed on 12/06/91 (Case Number
92-6089B): First-Degree Murder (Death), Attempted First-Degree Murder (2
terms of Life Imprisonment), Attempted Armed Robbery (15 years), Grand
Theft
(2 terms of 5 years),
Unlawful Possession of a Firearm in a Crime (5 years).
Case Information:
On 11/14/94, Franqui filed
a Direct Appeal with the Florida Supreme Court, citing the following
errors: denial of peremptory challenges of jurors; granting the State’s
peremptory challenge of a juror; denial of severance motion; admission
of State comments; and sentencing Franqui to death. On 07/03/97, the
FSC affirmed the convictions, but vacated the death sentence and ordered
Franqui to be resentenced, finding that Franqui was not allowed to
confront Gonzalez about his confession.
On 01/05/98, Franqui filed
a Petition for Writ of Certiorari with the U.S. Supreme Court that was
denied on 04/27/98.
On 01/16/98, the State
filed a Petition for Writ of Certiorari with the U.S. Supreme Court that
was denied on 03/23/98.
At Franqui’s resentencing,
the jury recommended the death sentence by a vote of 10-2 on 08/31/98, and he
was resentenced to death on 09/18/98.
On 11/09/98, Franqui filed
a Direct Appeal with the Florida Supreme Court, citing the following
errors: excusing two jurors for cause; improper jury instructions
regarding aggravating and mitigating circumstances; overruling defense
objections to the State’s closing argument; refusal to instruct the jury
that it could consider the life sentences given to co-defendants as
mitigating evidence; failure to find and weigh all mitigating
circumstances; and disproportionate punishment compared to other cases.
On 10/18/01, the FSC affirmed the death sentence.
On 01/08/03, Franqui filed
a shell 3.850 Motion with the Circuit Court that was supplemented on
04/17/03. On 11/09/04, the Motion was denied by the Circuit Court.
On 12/21/04, Franqui filed
a 3.851 Motion Appeal with the Florida Supreme Court that is pending
On 01/05/06, Franqui
filed a Petition for Writ of Habeas Corpus with the Florida Supreme
Court that is pending.
Floridacapitalcases.state.fl.us
SEX: M
RACE: W TYPE: T MOTIVE: CE.
MO: Italian national; killed
robbery victims.
DISPOSITION:
Condemned on one count, 1993; condemned on second count with three life
terms + 80 years on lesser charges, 1994.
Michael Newton - An Encyclopedia of Modern Serial
Killers
