Date of Resentence: 08/16/88
Circumstances of Offense:
Joyce Marlowe was last seen
alive on the evening of 06/08/82, in the company of Burley Gilliam, Jr.
Marlowe was a dancer at a strip club where Gilliam went that evening,
and she later left the club with him.
On the evening of 06/08/82,
Sandy Burroughs was fishing on Twin Lakes when he heard a woman
screaming. When he went to investigate the commotion, Burroughs found
Gilliam’s truck stuck in the sand, and a “very, very nervous” Gilliam,
who kept saying, “I got to get out of here.”
Gilliam’s truck did not start
after being extracted from the sand, so it was towed to a nearby garage
for repairs. The next day, Burroughs noticed that the lake area where
he had found Gilliam was roped off, and when he inquired as to why,
police told him that a woman had been raped and murdered there.
Gilliam told police that he and
Marlowe were swimming in the lake, when he had accidentally dunked
Marlowe under the water for too long, drowning her. Gilliam also
claimed to have unsuccessfully attempted to resuscitate Marlowe.
At
trial, Gilliam employed an insanity defense, arguing that he committed
the rape and murder during an epileptic seizure. In an effort to
substantiate the claim, several of Gilliam’s family members testified to
what they believed to be a history of seizures by Gilliam.
Further, a
doctor testified that Gilliam’s seizures left him unable to understand
the nature and consequences of his actions at the lake, and Gilliam
testified that he had no recollection of the events at the lake.
Additional Information:
During Gilliam’s original trial, he dismissed appointed counsel and was
eventually allowed to proceed pro se, with the assistance of standby
counsel.
Trial Summary:
07/08/82 Indicted on the following charges:
Count I First-Degree
Murder
Count II Sexual Battery
Count III Grand Theft
02/01/85 Jury returned guilty verdicts on Counts I and II of
the indictment and a not
guilty verdict on Count III of the indictment Jury recommended a death
sentence by a vote of 12-0
Sentenced as follows:
Count I First-Degree
Murder – Death
Count II Sexual Battery –
Life Imprisonment
11/05/87
FSC reversed convictions and sentences and remanded for a new trial
06/17/88
Jury returned guilty verdicts on Counts I and II of the indictment
06/20/88 Jury recommended a death sentence by a vote of 12-0
08/16/88
Sentenced as follows:
Count I First-Degree
Murder – Death
Count II Sexual Battery –
Life Imprisonment
Case Information:
Gilliam filed a Direct Appeal with the Florida Supreme Court on
04/11/85, citing the following errors: denial of a right to challenge
prospective jurors, failure to hold a competency hearing, failure to
suppress evidence from a search, failure to suppress his confession, and
failure to strike the medical examiner’s testimony. On 11/05/87, the
FSC found that the denial of Gilliam’s right to challenge prospective
jurors constituted reversible error. Gilliam’s convictions and
sentenced were reversed, and the case was remanded to the court for a
new trial.
Gilliam was resentenced to death on 08/16/88.
Gilliam filed a Direct Appeal with the Florida Supreme Court on
10/07/88, citing the following errors: denial of a motion to recuse the
trial judge; denial of request for post-verdict juror interviews;
improper finding of the heinous, atrocious, or cruel murder aggravating
circumstance; inclusion of hearsay evidence; failure to enumerate
statutory mitigating evidence in the trial judge’s sentencing order; and
imposing a more serious sentence during resentencing. On 05/02/91, the
FSC affirmed Gilliam’s convictions and sentences.
Gilliam filed a 3.850 Motion with the Circuit Court on 02/25/93 that was
denied in part on 10/13/95. The court denied all claims except
Gilliam’s ineffective assistance of counsel claim and ordered an
evidentiary hearing to be held. On 01/14/97, the court denied the
remaining claim of the Motion.
Gilliam filed a 3.850 Motion Appeal on 04/19/99 and a Petition for Writ
of Habeas Corpus on 07/06/00, both with the Florida Supreme Court. In
the 3.850 Appeal, Gilliam raised twenty-two issues, and in the Petition
for Writ of Habeas Corpus, Gilliam raised four issues dealing with
ineffective assistance of counsel. On 02/07/02, the FSC affirmed the
denial of the 3.850 Motion and denied the Petition for Writ of Habeas
Corpus.
Gilliam filed a Petition for Writ of Habeas Corpus with the Florida
Supreme Court on 06/23/03, raising Ring issues. On 05/04/04, the FSC
denied the Petition.
Gilliam filed a Petition for Writ of Habeas Corpus with the U.S.
District Court, Southern District, on 06/24/03 that was denied on
10/28/05.
Gilliam filed a Petition for Writ of Habeas Corpus Appeal with the U.S.
Court of Appeals, 11th Circuit, on 11/23/05 that is pending.
Floridacapitalcases.state.fl.us
