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Johnny
HOSKINS
A.K.A.: "Jamil Alle"
Classification: Murderer
Characteristics:
Rape - Robbery
Number of victims: 1
Date of murder: October 17,
1992
Date of arrest: 2 days after
Date of birth:
October 31,
1963
Victim profile: Dorothy
Berger
Method of murder: Strangulation
Location: Brevard County, Florida, USA
Status: Sentenced to death on November 4, 1994. Resentenced to
death on November 20, 2004
Eighth Judicial
Circuit, Brevard County Case #92-017795
Sentencing Judge: The Honorable Harry Stein
Sentencing Judge (at resentencing): The Honorable Jere Lober
Attorney, Trial: Ernie Chang, Assistant Public Defender
Attorney, Direct Appeal: James Gibson, Public Defender and James
Wulchack, Assistant Public Defender
Attorney, Direct Appeal (after resentencing): James Purdy, Public
Defender and Christopher Quarles, Assistant Public Defender
Attorney, Collateral Appeals: TBA, Capital Collateral Regional
Counsel-Middle
Date of Offense:
10/17/1992
Date of
Sentence: 11/04/1994
Date of
Resentence: 11/20/2004
Circumstances of Offense:
On October 18, 1992, police were summoned to the
residence of Dorothy Berger. Neighbors had noticed that her door was
open and her television and air conditioner were on, but she was not
home.
Although, there were no signs of forced entry, several items were out of
place, and a shoe impression was visible in the dust on the floor.
Berger’s car was also gone. The previous evening, a witness had seen
Berger’s neighbor, Johnnie Hoskins, driving a car similar to Berger’s.
The same day
police were called to Berger’s house in Brevard County, Hoskins arrived
at his parent’s home in Georgia and asked to borrow a shovel. He
returned to his parent’s house about 20 minutes later.
Hoskins was
stopped in Georgia on October 19, 1992, for a traffic violation; the car
was later determined to be the victim’s. Along with blood, police found
vegetation in the trunk that was later used to discover the victim’s
body in a grave. Her hands were tied behind her back and her mouth was
gagged.
Postmortem examinations indicated the victim was raped,
and DNA evidence found in semen on the victim and the victim’s bed could
have come from Hoskins. Berger received several blows to the head and
numerous bodily injuries, but her death was caused by strangulation.
Prior Incarceration History in the State of Florida:
Offense Date
Offense
Sentence Date
County
Case No.
Prison Sentence Length
10/17/1992
1ST DG MUR/PREMED. OR ATT.
11/04/1994
BREVARD
9217795
DEATH SENTENCE
10/17/1992
BURGLARY ASSAULT ANY PERSON
11/04/1994
BREVARD
9217795
SENTENCED TO LIFE
10/17/1992
SEX BAT/ WPN. OR FORCE
11/04/1994
BREVARD
9217795
SENTENCED TO LIFE
10/17/1992
KIDNAP;COMM.OR FAC.FELONY
11/04/1994
BREVARD
9217795
SENTENCED TO LIFE
10/17/1994
ROBB. NO GUN/DDLY.WPN
11/04/1994
BREVARD
9217795
15Y 0M 0D
Trial Summary:
11/10/1992 Indicted
as follows:
Count I: Robbery without
a firearm
Count II: First -Degree murder
Count III: Sexual Battery with a deadly weapon
Count IV: Burglary
Count V: Kidnapping
03/21/94 Jury
returned guilty verdicts on all counts of the indictment
11/04/94 Jury
recommended death by a vote of 12-0
11/04/94
Sentenced as follows:
Count I: Robbery without
a firearm – Life imprisonment
Count II: First-Degree murder - Death
Count III: Sexual Battery with a deadly weapon – Life imprisonment
Count IV: Burglary – Life imprisonment
Count V: Kidnapping – 15 years
05/11/99
Convictions affirmed by FSC, death sentence vacated and remanded for new
penalty phase
11/01/04 Jury
recommended death by a vote of 11-1 (Resentencing)
11/12/04 Resentenced to death.
Factors Contributing to the Delay in Imposition of
Sentence:
The first direct appeal
was remanded for a PET-Scan and medical evaluation of Hoskins. The FSC
directed the Circuit Court to hold a new penalty phase. The second
penalty phase took four years to conclude. Upon resentencing, Hoskins
received a second death sentence, which was again appealed to the
Florida Supreme Court.
Case
Information:
Hoskins was
sentenced to death on 11/04/94, and filed a Direct Appeal with the
Florida Supreme Court on 11/21/94. In this initial Direct Appeal,
Hoskins raised the following issues: (1) excusal from jury service were
improperly granted, (2) the trial judge improperly barred neurological
testing (3) the death penalty was improperly imposed, and (4) Florida’s
death penalty statute is unconstitutional. Upon review, the FSC
affirmed Hoskins’ convictions but remanded to the State Circuit Court
for a PET Scan and new penalty phase. A rehearing was denied on
06/21/99 and the mandate issued on 07/21/99.
On
07/02/99, the resentencing phase began in the State Circuit Court. The
jury recommended death by a vote of 11-1 on 11/01/04. The sentencing
judge followed the jury’s recommendation and resentenced Hoskins to
death on 11/12/04.
At the
new penalty phase, Hoskins was again sentenced to death. He filed a
second Direct Appeal to the Florida Supreme Court on 01/03/05. Issues
raised in this Direct Appeal included: (1) overruling defense’s
objection to State’s use of preemptory challenges of African American
juror, (2) Hoskins’ limited examination during voir dire concerning
juror’s ability to “gory photographs”, (3) trial court failed to give
the requested limiting instructions on victim impact statements, (4)
trial court’s denied Hoskins’ requested jury instruction, (5) the trial
court improperly weighed mitigating and aggravating circumstances, and
(6) Florida’s death penalty sentencing process is unconstitutional. The
convictions and sentences were affirmed on 04/19/07. A rehearing was
denied on 08/08/07 and the mandate was issued on 08/24/07.
