DC# 122651
DOB: 03/24/58
Seventeenth Judicial Circuit,
Broward County Case # 90-15905
Sentencing Judge: The Honorable
M. Daniel Futch, Jr.
Trial Attorneys: Peter Giacoma &
Young Tindall
Resentencing Trial Attorneys:
Evan Baron & James Lewis
Attorney, Direct Appeals:
Richard Greene – Assistant Public Defender
Attorney, Collateral Appeals: To
Be Assigned – CCRC-S
Date of Offense:
07/29/90
Date of Sentence:
08/19/91
Date of Resentence: 02/07/97
Circumstances of the Offense:
Thelma Johnson reported that
Albert Holland approached her and asked her if she had a hitter (a
device used to smoke cocaine). Johnson stated that she did not, but
proceeded to lead Holland to a wooded area with the intention of smoking
cocaine together.
Holland then smoked the first half of his cocaine
rock off of a beer can, but Johnson refrained because she did not like
that method of smoking. After smoking the second half of the rock,
Holland became violent.
Holland shoved Johnson to the ground, held her
down, and hit her on the side of the head with a bottle while she begged
him not to kill her. As Holland beat her, he repeatedly threatened to
kill her.
Holland ripped Johnson’s shirt
and unzipped his pants. Holland forced Johnson to give him oral sex.
When Johnson protested and stopped, Holland beat her until she was
unconscious.
Holland stopped beating Johnson and left the scene when a
witness yelled for Holland to stop before he killed her. Johnson had a
severed ear, a fractured skull, and multiple cuts on her face, which
required extensive plastic surgery.
Police officers responded to a
call regarding the attack and began the search for the perpetrator.
Officer Scott Winters was in his patrol car when he asked Holland to
approach the vehicle.
Officer Winters exited the patrol car and
instructed Holland to put his hands on the car. Holland complied with
the request. As Winters reached down to use the radio on his belt,
Holland turned and took a swing aimed at Winters’ head.
A struggle
ensued and Winters got Holland in a headlock. Winters repeatedly tried
to put Holland on the ground by using his nightstick, but Holland rose
and turned, causing the combatants to face each other. Holland managed
to take Winters’ gun and shot the officer twice before he fled the
scene.
Police officers stated that
Winters requested backup at 7:25 p.m. and reported being shot at 7:26
p.m. When officers arrived at the scene, Winters’ gun was missing.
Winters died at 8:30 p.m. as a result of gunshot wounds to the lower
stomach and groin area.
Trial Summary:
08/16/90 Defendant
indicted with the following:
Count I: First-Degree Murder
Count III: Sexual Battery
Count IV: Attempted Murder with a
Deadly Weapon
08/02/91 Defendant was
found guilty by the trial jury on all counts
08/12/91 The jury
recommended Death by a vote of eleven to one
08/18/93 Defendant was
sentenced as follows:
Count I: First-Degree Murder – Death
Count IV: Attempted Murder with a Deadly Weapon
- 40years
Second Trial:
11/06/96 Defendant was
found guilty by the trial jury on counts I, II, IV as charged. Defendant was convicted on count III of the lesser charge of Attempted
Sexual Battery.
11/15/96 The jury
recommended Death by a vote of eight to four
02/07/97 Defendant was
sentenced as follows:
Count I: First-Degree Murder – Death
Count III: Attempted Sexual Battery – 15 years
Count IV: Attempted Murder with a Deadly Weapon – 30
years
*Please note, sentences are to
run consecutively
Case Information:
A Direct Appeal was filed with
the Florida Supreme Court on 09/23/91. Issues that were raised included
whether the trial court erred in overruling defense counsel’s objections
to the testimony of a State witness who testified at the competency
hearing and at trial.
The Florida Supreme Court agreed with Holland on
this issue and accordingly reversed both the convictions and sentences
on 03/24/94.
A Petition for Writ of
Certiorari was filed on 08/12/94 and denied on 10/11/94.
A second Direct Appeal was filed
on 02/20/97. Issues that were raised included whether the trial court
erred in denying him the opportunity to represent himself; whether the
trial court abused its discretion in denying Holland’s motion to exclude
the testimony of the State’s mental health experts; whether the trial
court abused its discretion in overruling Holland’s objections to the
admissibility of a videotape interrogation of Holland.
The Florida
Supreme Court found all of the claims either without merit or harmless
and affirmed the convictions and sentences, including the sentence of
Death, on 10/05/00.
A Petition for Writ of
Certiorari was filed on 05/04/01 and denied on 10/01/01.
A 3.851 Motion was filed with
the circuit court on 09/17/02 and denied on 05/16/03.
A 3.851 Motion Appeal was filed
with the Florida Supreme Court on 06/09/03, raising claims of
ineffective assistance of counsel. On 11/10/05, the FSC affirmed the
denial of the motion.
A Petition for Writ of Habeas
Corpus was filed with the Florida Supreme Court on 01/09/04, raising
claims of ineffective assistance of counsel. On 11/10/05, the FSC
denied the petition.
A Petition for Writ of Habeas
Corpus was filed with the U.S. District Court, Southern district, on
01/24/06 and is pending.
A Petition for Writ of
Certiorari was filed with the U.S. Supreme Court on 02/08/06 and denied
on 04/17/06.
FloridaCapitalCases.state.fl.us
