DC# 117157
DOB: 08/15/57
Thirteenth Judicial Circuit,
Hillsborough County Case # 89-2165
Sentencing Judge: The Honorable
John Griffin
Attorneys, Trial:
John Conrad & Daniel Perry – Assistant Public Defenders
Attorney, Direct Appeal: Paul
Helm – Assistant Public Defender
Attorney, Direct Appeal (on
remand): Douglas Connor – Assistant Public Defender
Attorney, Collateral Appeals:
Linda McDermott – Private
Date of Offense:
01/08/87
Date of Sentence:
08/10/89
Circumstances of the Offense:
In November of 1986, Hodges was
arrested on charges of indecent exposure based on the report filed by a
20-year-old convenience store clerk, Betty Ricks.
At 6 a.m. on January 8, 1987, Ricks was found
in the store’s parking lot lying next to her car. Her body was found
the same day that Hodges was scheduled for a criminal diversion program
arbitration hearing as a result of the report filed by Ricks. Ricks had
been shot twice and subsequently died the next day without regaining
consciousness.
The department store, where
Hodges worked on the maintenance crew, was located across the street
from the convenience store. A coworker reported to police that at 5:40
a.m. on the day of the shooting, she saw Hodges’ truck at the
convenience store; however, Hodges reported that since he did not have
to be at work that day, he was at home sleeping.
His wife and her son,
Jesse Watson, initially supported his alibi. A rifle was confiscated
from the Hodges’ home, but ended up not being the murder weapon. The
investigation returned to Hodges as the prime suspect, and he was
arrested for the murder in February of 1989.
The testimony of both Hodges’
ex-wife and his stepson, Watson, was different than that originally
given. Watson reported at trial that he and Hodges had identical rifles
and that the police in reality had taken Watson’s rifle, not Hodges’.
Watson also said that before 6 a.m. on the morning of the murder, he was
awakened by Hodges’ truck. Watson then said that Hodges entered the
kitchen with his rifle. Furthermore, Watson reported that he saw the
rifle wrapped in plastic in the back of Hodges truck, and there was a
hole in the ground close to the tool shed. Watson finally testified
that Hodges admitted to him, several months later, that he had indeed
shot the convenience store clerk.
Trial Summary:
02/22/89 Defendant
indicted with the following:
Count I: First-Degree Murder
07/14/89 Defendant was
found guilty by the trial jury
07/14/89 The jury
recommended Death by a vote of ten to two
08/10/89 Defendant was
sentenced as follows:
Count I: First-Degree Murder –
Death
Case Information:
A Direct Appeal was filed on
08/23/89. Issues that were raised included whether the trial court erred
in admitting what should have been inadmissible hearsay regarding what
the victim thought and said about prosecuting Hodges; whether the trial
court erred in continuing with the proceedings after Hodges’ suicide
attempt instead of stopping for a competency hearing.
The Florida
Supreme Court found all of these claims either without merit or harmless
and affirmed the conviction and sentence of death on 01/23/92.
A Petition for Writ of
Certiorari was filed on 07/20/92 and granted based on Espinoza v.
Florida on 10/05/92. The case was remanded to the Florida Supreme court
and Hodges’ Direct Appeal was reopened. In Espinoza, the court found
the former standard instruction on the heinous, atrocious, or cruel
aggravator inadequate; however, in Hodges, that aggravator did not play
a part in the sentencing.
The Florida Supreme Court
reaffirmed the conviction and sentence of Death on 04/15/93.
A Petition for Writ of
Certiorari was filed on 09/07/93 and denied on 11/29/93.
A 3.850 motion was filed with
the circuit court on 06/23/95 and denied on 06/01/01.
A 3.850 Appeal 08/06/01 was
filed with the Florida Supreme Court on 08/06/01, and the denial of the
3.850 was affirmed on 06/19/03. On 10/14/04, the FSC issued a revised
opinion, again affirming the denial of the 3.850 Motion.
A Petition for a Writ of Habeas
Corpus was filed with Florida Supreme Court on 04/22/02 and was denied
on 06/19/03. On 10/14/04, the FSC issued a revised opinion, again
denying the Habeas Petition.
A Petition for Writ of Habeas
Corpus was filed with the Florida Supreme Court on 03/04/05 that was
denied on 06/23/05.
A Petition for Writ of Habeas
Corpus was filed with the U.S. District Court, Middle District, on
01/04/06 that is pending.
FloridaCapitalCases.state.fl.us
