Dorothy Siddle, Vicki Smith, and Jason Wiggins, all of whom worked at the Cracker Barrel Restaurant in Naples, were killed during an early morning robbery of the restaurant on November 15, 1995. Upon arriving on the scene, police found the bodies of all three victims lying in pools of blood on the freezer floor with their throats slashed. Victim Siddle's hands were bound behind her back with electrical tape; Smith and Wiggins both had electrical tape around their respective left wrists, but the tape appeared to have come loose from their right wrists.

Police also found bloody shoe prints leading from the freezer, through the kitchen, and into the office, blood spots in and around the kitchen sink, and an opened office safe surrounded by plastic containers and cash. Outside, leading away from the back of the restaurant, police found scattered bills and coins, shoe tracks, a Buck knife, a Buck knife case, a pair of blood-stained gloves, and a Daisy air pistol.

Jennings (age twenty-six) and Jason Graves (age eighteen), both of whom had previously worked at the Cracker Barrel and knew the victims, were apprehended and jailed approximately three weeks later in Las Vegas, Nevada, where Jennings ultimately made lengthy statements to Florida law enforcement personnel. In a taped interview, Jennings blamed the murders on Graves, but admitted his (Jennings') involvement in planning and, after several aborted attempts, actually perpetrating the robbery with Graves. Jennings acknowledged wearing gloves during the robbery and using his Buck knife in taping the victims' hands, but claimed that, after doing so, he must have set the Buck knife down somewhere and did not remember seeing it again. Jennings further stated that he saw the dead bodies in the freezer and that his foot slipped in some blood, but that he did not remember falling, getting blood on his clothes or hands, or washing his hands in the kitchen sink. Jennings also stated that the Daisy air pistol belonged to Graves, and directed police to a canal where he and Graves had thrown other evidence of the crime.

In an untaped interview the next day, during which he was confronted with inconsistencies in his story and the evidence against him, Jennings stated, "I think I could have been the killer. In my mind I think I could have killed them, but in my heart I don�t think I could have."

At trial, the taped interview was played for the jury, and one of the officers testified regarding Jennings� untaped statements made the next day. The items ultimately recovered from the canal were also entered into evidence.

The medical examiner, who performed autopsies on the victims, testified that they died from "sharp force injuries" to the neck caused by "a sharp-bladed instrument with a very strong blade," like the Buck knife found at the crime scene. A forensic serologist testified that traces of blood were found on the Buck knife, the Buck knife case, the area around the sink, and one of the gloves recovered from the crime scene, but in an amount insufficient for further analysis. An impressions expert testified that Jennings' tennis shoes recovered from the canal matched the bloody shoe prints inside the restaurant as well as some of the shoe prints from the outside tracks leading away from the restaurant.

The State also presented testimony concerning previous statements made by Jennings regarding robbery and witness elimination in general. Specifically, Angela Chainey, who had been a friend of Jennings', testified that about two years before the crimes Jennings said that if he ever needed any money he could always rob someplace or somebody. Chainey further testified that when she responded, "That's stupid. You could get caught," Jennings replied, while making a motion across his throat, "Not if you don�t leave any witnesses." On cross-examination, Chainey further testified that Jennings had "made statements similar to that several times."

The State also presented testimony concerning previous statements made by Jennings regarding his dislike of victim Siddle. Specifically, Bob Evans, one of the managers at Cracker Barrel, testified that Jennings perceived Siddle to be holding him back at work and that, just after Jennings quit, he said about Siddle, "I hate her. I even hate the sound of her voice." Donna Howell, who also worked at Cracker Barrel, similarly testified that she was aware of Jennings' animosity and dislike of Siddle, and that Jennings had once said about Siddle, "I can't stand the bitch. I can't stand the sound of her voice."

The jury found Jennings guilty as charged. In the penalty phase, the defense presented mitigation evidence, including general character testimony from witness Mary Hamler, who testified on direct examination that she had lived with Jennings for two and one-half years. She also testified that Jennings had gotten along well with her children during that time, and that he cried when they (Jennings and Hamler) broke up.

On cross-examination, the State elicited testimony from Hamler that there was another side to Jennings' character and that Jennings once said that if he ever committed a robbery, he would not be stupid enough to stick around, but would go north. Hamler further testified on cross-examination that Jennings was angry at Cracker Barrel in general, and Siddle in particular, for "jerking him around" and holding him back at work, and that in this regard Jennings once said of Siddle that "one day she would get hers."

The defense presented further character evidence from several of Jennings' friends that he was good with children, got along with everybody, and was basically a nonviolent, big-brother type who was happy-go-lucky, fun-loving, playful, laid back, and likeable. Jennings' mother testified that her son never met his father and that she raised Jennings herself. She claimed that Jennings had been a straight-A student, but quit school to take care of her when she became sick.

The jury recommended death by a vote of ten to two as to each of the murders. In its sentencing order, the trial court found three aggravators: (1) that the murders were committed during a robbery; (2) that they were committed to avoid arrest; and (3) that they were cold, calculated, and premeditated (CCP).

The trial court found only one statutory mitigator: that Jennings had no significant history of prior criminal activity (some weight). The trial court explicitly found that two urged statutory mitigators did not exist: that Jennings was an accomplice in a capital felony committed by another and that his participation was relatively minor; and that Jennings acted under extreme duress or under the substantial domination of another person. The trial court also found eight nonstatutory mitigators: (1) that Jennings had a deprived childhood (some weight); (2) that accomplice Graves was not sentenced to death (some weight); (3) that Jennings cooperated with police (substantial weight); (4) that he had a good employment history (little weight); (5) that he had a loving relationship with his mother (little weight); (6) that he had positive personality traits enabling the formation of strong, caring relationships (some weight); (7) that he had the capacity to care for and be mutually loved by children (some weight); and (8) that he exhibited exemplary courtroom behavior (little weight).

After evaluating the aggravators and mitigators, the trial court sentenced Jennings to death for each murder. The trial court also sentenced Jennings to fifteen years' imprisonment for the robbery. Jennings now appeals his convictions and sentences.

Denial of Motion to Suppress

Jennings filed a pretrial motion to suppress the statements he made to Florida law enforcement personnel while in custody in Las Vegas. He urged that the statements had been obtained in violation of his constitutional rights against self-incrimination. See U.S. Const. amend. V; art. I, § 9, Fla. Const.

At the suppression hearing, Detective Rose of the Collier County Sheriff's Office testified that Jennings was initially advised of his Miranda rights and signed a waiver thereof, but that during questioning Jennings invoked his right to counsel. Detective Rose testified that he thereafter ceased questioning Jennings.

Investigator Cunningham of the State Attorney's Office testified that upon arriving in Las Vegas the next day, he did not attempt to talk to Jennings because he was advised that Jennings did not want to talk. However, Investigator Cunningham testified that the next day he and Detective Rose went to the jail to talk to Graves ( not Jennings) and, after doing so, they saw Jennings at the booking desk as they were exiting the building.

Investigator Cunningham further testified that it was Jennings who spoke first by asking Investigator Cunningham and Detective Rose if his mother had contacted them. Investigator Cunningham responded that she had not, whereupon Jennings said that he had talked to his mother, who advised Jennings to talk to the police, and that, based on that conversation, he wanted to do so. Investigator Cunningham testified that he then advised Jennings of his Miranda rights and held an unrecorded initial conversation with Jennings, immediately after which Jennings consented to a taped interview.

Investigator Cunningham and Detective Rose prepared to again advise Jennings of his Miranda rights during the taped interview, whereupon Jennings stated, "Well, if you want me to save you the trouble, I understand all my rights fully." Detective Rose nevertheless again advised Jennings of his Miranda rights, which Jennings orally waived, and the taped interview ensued.

Investigator Cunningham testified that the next day Jennings was again orally advised of his Miranda rights, and then executed a written waiver of those rights. Upon being confronted with inconsistencies in his story and the evidence against him, Jennings made the incriminating statement that he thought he could be the killer.

The trial court ultimately denied Jennings' suppression motion, finding that "the contact between the Defendant and these two representatives of the State was voluntarily initiated on the part of the Defendant and that he knowing[ly], intelligently, and voluntarily waived" his Miranda rights. Jennings now argues, however, that any waiver of his Miranda rights on the day of the taped interview could not have been knowing, intelligent, and voluntary because when he invoked his right to counsel the previous day, Detective Rose simply offered to get him a Las Vegas telephone book. Jennings asserts that Detective Rose's response was inadequate.

We need not reach the question of whether Detective Rose's response to Jennings' request for counsel was inadequate as a matter of constitutional principle. In this case, the evidence is undisputed that the police ceased questioning Jennings when he invoked his right to counsel, and that it was Jennings who reinitiated contact with police.

In Edwards v. Arizona , 451 U.S. 477, 484-85 (1981), the United States Supreme Court held that "an accused, . . . having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police ." (Emphasis added). This Court has likewise held that

Traylor v. State , 596 So. 2d 957, 966 (Fla. 1992) (footnote omitted) (emphasis added); see also Davis v. State , 698 So. 2d 1182, 1189 (Fla. 1997), cert. denied , 118 S. Ct. 1076 (1998).

This Court applied the reasoning of Edwards and Traylor in Stein v. State , 632 So. 2d 1361 (Fla. 1994). The defendant in Stein was arrested for two murders and signed a waiver-of-rights form. See id. at 1363. The defendant then asked to speak to an attorney, and the questioning was terminated. See id. However, one of the investigators made a comment to the defendant that God would forgive him for what he had done. See id. The defendant was then left alone in the interview room and several minutes later, but before the defendant had seen an attorney, the defendant initiated contact with the investigators by knocking on the door and stating, "I want to talk about part of it." Id. at 1364. The police then had the defendant execute a second waiver-of-rights form, on which a notation was made that the defendant had initiated the conversation. See 632 So. 2d at 1364. The defendant thereupon made incriminating statements to police. See id.

In rejecting arguments that the statements should have been suppressed, this Court held:

Id.

A determination of the issues of both the voluntariness of the confession and a knowing and intelligent waiver of Miranda rights requires an examination of the totality of the circumstances. See Traylor , 596 So. 2d at 964. Looking at the totality of circumstances in the present case, the trial court found not only that Jennings knowingly and intelligently waived his Miranda rights, but also that the "contact between the Defendant and these two representatives of the State was voluntarily initiated on the part of the Defendant." We agree with the trial court's findings, which are unquestionably supported by the record. Jennings was advised as part of his initial Miranda warnings of his right to have a lawyer appointed to represent him before questioning if he could not afford one. The record is undisputed that after Jennings said he wanted a lawyer, Detective Rose ceased questioning him.

Importantly, the record further confirms that Jennings' reinitiation of conversation with Detective Rose and Investigator Cunningham the next day was motivated not by any misapprehension of this right or "taint" of the telephone book scenario, but by an interceding conversation between Jennings and his mother, wherein she advised Jennings to talk to the police. During the taped interview, Jennings acknowledged that the reason he decided to talk to police was because his mother advised him to do so.

Moreover, upon Jennings' reinitiation of conversation with police, he was again advised of his Miranda rights, including his right to have a lawyer appointed to represent him before questioning if he could not afford one. Thereafter, at the beginning of the taped interview when Detective Rose and Investigator Cunningham prepared to again advise Jennings of his Miranda rights, Jennings stated that he could save them the trouble because he understood his rights fully. Despite this, Detective Rose again advised Jennings of his Miranda rights, once again including his right to have a lawyer appointed to represent him before questioning if he could not afford one. The record also indicates that, before making his subsequent untaped statement the next day, Jennings was again advised of his Miranda rights and executed a written waiver of same.

In short, the totality of the circumstances establishes that even if Jennings invoked his right to counsel, see State v. Owen , 696 So. 2d 715 (Fla.), cert. denied , 118 S. Ct. 574 (1997), he voluntarily initiated further contact with the police. He gave the statements he now seeks to suppress after voluntarily, knowingly, and intelligently waiving his Miranda rights. No violation of Miranda or Jennings' constitutional right against self-incrimination occurred in this case. We accordingly affirm the trial court's denial of Jennings� motion to suppress his subject statements to police.

The Avoid Arrest Aggravator

Jennings does not challenge the aggravator that the murders were committed during a robbery. However, he challenges the two remaining aggravators: that the murders were committed to avoid arrest and that they were cold, calculated, and premeditated.

Jennings argues that the trial court erred in finding the avoid arrest aggravator. We disagree.

In finding this aggravator, the trial court ruled:

The avoid arrest aggravator focuses on the motivation for the crimes. See Stein , 632 So. 2d at 1366. As this Court stated in Consalvo v. State , "the evidence [supporting the avoid arrest aggravator] must prove that the sole or dominant motive for the killing was to eliminate a witness," and "[m]ere speculation on the part of the state that witness elimination was the dominant motive behind a murder cannot support the avoid arrest aggravator." 697 So. 2d 805, 819 (Fla. 1997), cert. denied , 118 S. Ct. 1681 (1998).

In Riley v. State , 366 So. 2d 19 (Fla. 1978), this Court for the first time broadened the application of the avoid arrest aggravator to encompass the murder of a witness to a crime in addition to law enforcement personnel. However, this Court cautioned that

Id. at 22; see also Gore v. State , 706 So. 2d 1328, 1334 (Fla. 1997).

In Riley , the defendant and an accomplice entered the business where the defendant worked for the purpose of robbing it. See 366 So. 2d at 20. They then threatened the defendant's three present coworkers with pistols, forced them to lie on the floor, bound and gagged them, and then shot them in the head. See id. In light of the fact that the victims knew the defendant and were immobilized and rendered helpless, coupled with one of the perpetrator's expressed concern for subsequent identification, this Court found that the record supported only one interpretation--that the victims were killed to avoid identification. See id. at 22.

Here, as in Riley , it is significant that the victims all knew and could identify their killer. While this fact alone is insufficient to prove the avoid arrest aggravator, see Consalvo , 697 So. 2d at 819, there was further evidence presented that Jennings used gloves, did not use a mask, and stated that if he ever committed a robbery, he would not leave any witnesses.

Also, the facts of the present case show that the victims had been bound. Victim Siddle's hands were bound behind her back with electrical tape when her throat was slashed. While the remaining two victims (Smith and Wiggins) had freed their hands, no evidence of their resistance (i.e., defensive wounds on Jennings, fingernail scrapings from the victims, etc.) was entered into evidence. Further, all three victims were confined to the freezer, and any immediate threat to Jennings could have been eliminated by simply closing and securing the freezer door. Instead, Jennings slashed the throats of all three victims.

As recognized by the trial court, based on the evidence in this case there was no reason to kill at least two of the victims except to eliminate them as witnesses to the first murder. See, e.g. , Willacy v. State , 696 So. 2d 693, 696 (Fla.), cert. denied , 118 S. Ct. 419 (1997); Thompson v. State , 648 So. 2d 692, 695 (Fla. 1994); Correll v. State , 523 So. 2d 562, 568 (Fla. 1988). Further, the manner of killing here (consecutive throat slashings) was not of a nature that could be considered reactionary or instinctive and further supports the finding that the dominant motive for killing at least two of the victims was to avoid identification. Cf. Robertson v. State , 611 So. 2d 1228, 1232 (Fla. 1993) (finding insufficient evidence to support avoid arrest aggravator where "[t]he facts indicate that [the appellant] shot [the victim] instinctively and without a plan to eliminate her as a witness"). Accordingly, we find substantial competent evidence to support the trial court's finding that, beyond a reasonable doubt, the dominant motive for the murders of two of the victims was the elimination of witnesses in order to avoid prosecution.

CCP

Jennings next argues that the trial court erred in finding the CCP aggravator. We again disagree.