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Gary LAWRENCE
Classification: Murderer
Characteristics: Jealousy
Number of victims: 1
Date of murder:
July 28,
1994
Date of arrest:
Same day
Date of birth: June
29,
1957
Victim profile: Michael
Finken
Method of murder: Beating with a
baseball bat and a pipe / Stabbing
with knife
First Judicial Circuit, Santa
Rosa County, Case# 94-397-CFA
Sentencing Judge, Trial: The
Honorable Paul A. Rasmussen
Attorney, Trial: John Miller –
Private
Attorney, Direct Appeal: Steven
L. Seliger – Special Public Defender
Attorney, Collateral Appeals:
Mary Catherine Bonner – Registry
Date of Offense: 07/28/94
Date of Sentence: 05/05/95
Circumstances of the Offense:
Brenda and Gary Lawrence
separated soon after they were married. Michael Finken moved in with
Brenda and her two daughters, Kimberley and Stephanie Pitts, as well as
Rachel Matin, Stephanie’s friend.
On 07/28/94, the
day of the murder, Gary and Michael drank a beer at a friend’s house
after driving Brenda to work. After Brenda got off work, Gary and
Michael picked her up and took her back to their friend’s house so they
could drink more beer.
Upon returning
to Brenda’s apartment, Gary got into an argument with Michael and hit
him when he discovered that Michael and Brenda had been sleeping
together. Gary and Michael seemed to resolve their dispute, and
Michael went to sleep on the couch.
Soon after Brenda and Gary
spoke, Brenda went around the house gathering weapons, which included a
pipe and a baseball bat. Brenda and Gary told Rachel and Kimberly that
they were “going to knock off Mike.” Gary also told Kimberley to “stay
inside your bedroom no matter what you hear.”
While in their
bedroom, Rachel and Kimberly said that they heard a pounding sound.
Rachel said that she heard the victim yell, “Stop it, if you stop, I’ll
leave.” She said that the victim made this statement several
times.
Kimberly stated
that the victim also said, “Please don’t hit me, I’m already bleeding.”
Once the pounding noise ceased, the girls were required to help clean up
around the victim.
At trial, both
girls described the mutilation of the victim’s face. Even after
the beatings, the victim was still alive. Kimberly said she saw
her mother, Brenda, coming out of the kitchen with something that looked
like a dagger.
Then, although Kimberly did not
know what her mother had in her hand at the time, she witnessed her
mother make a stabbing motion towards the victim.
Brenda then asked that the girls
go enlist the help of Chris Wetherbee. When Chris entered the
apartment, he saw the victim’s crushed skull, indistinguishable face,
and a mop handle shoved down the victim’s throat. When Chris asked Gary
what was going on, Gary responded by kicking the victim and saying,
“This is what’s going on.”
When the mop handle was removed from the
victim’s throat, Chris heard three or four ragged breaths come from the
victim before the victim stopped breathing and died. Gary told Chris
that he had beaten the victim with a baseball bat after having already
beaten him with a pipe until it bent.
Gary and Brenda took a small
amount of money from the victim’s pockets. They then wrapped the body
in a shower curtain before putting it in the victim’s car. Gary drove
the vehicle to an isolated area and set the body on fire. When Gary
returned to the apartment, he and Brenda danced.
Gary was
arrested later that same day while he was driving the victim’s car.
Gary confessed to the murder stating that he had beaten the victim
because Brenda and the victim had been sleeping together.
The medical examiner testified at
trial that the victim’s death was caused by blunt trauma and possible
asphyxia. He also stated that the victim was still alive when the mop
handle was forced into his throat. The victim had a very high blood
alcohol level, and it was possible that one or more of the blows to his
head could have caused a loss of consciousness.
Codefendant Information:
Brenda Lawrence (DC# 975279)
B.
Lawrence was convicted and sentenced for the following offenses (CC#
94-396)
Count I: First-Degree Murder – Life sentence
Count II: Conspiracy to Commit Murder – 1 year 10
month
Count III: Grand Theft Auto – 1 year 10 months
Trial Summary:
08/24/94
Indicted with the following offenses:
Count I: First-Degree
Murder
Count II: Conspiracy to
Commit Murder
Count III:
Petty Theft
Count IV: Grand
Theft Auto
03/16/95
Defendant found guilty on all counts
03/17/95
Jury recommended death by a vote of 9-3
05/05/95
Defendant was sentenced as follows:
Count I: First-Degree
Murder – Death
Count II: Conspiracy to
Commit Murder – 5 years
Count III: Petty Theft –
Time served Count IV:
Grand Theft Auto – 5 years
Case Information:
Lawrence filed a Direct Appeal to the Florida Supreme Court on
05/19/95. Issues that were raised on appeal included whether the trial
court erred in finding the cold, calculated, and premeditated
aggravator, and whether Lawrence’s death sentence was disproportionate
to other death penalty cases. The Court found the issues either
harmless or without merit. The Court affirmed his convictions and death
sentence on 08/28/97.
Lawrence filed a Petition for Writ of Certiorari to the United States
Supreme Court on 11/17/97, which was denied on 01/20/98.
Lawrence filed a 3.850 Motion to the Circuit Court on 01/19/99, which
was denied on 10/11/00.
Lawrence filed a 3.850 Appeal to the Florida Supreme Court on 10/23/00.
Issues that were raised on appeal included 13 claims of ineffective
assistance of appellate counsel. The Court found all of the claims
either harmless or without merit and affirmed the Circuit Court’s denial
of the 3.850 on 10/17/02.
A
Petition for Writ of Habeas Corpus was filed to the Florida Supreme
Court on 03/28/01. Issues that were raised on appeal included 13 claims
of ineffective assistance of appellate counsel. The Court found all of
the claims either harmless or without merit and denied the petition on
10/17/02.
On 01/09/03, Lawrence filed a
Petitionfor Writ of Certiorari to the United States Supreme
Court. It was filed in the Florida Supreme Court on 01/21/03 and was
eventually denied on 03/24/03.
On
03/11/03, a Petition for Writ of Habeas Corpus was filed to the United
States District Court, Northern District. The petition was dismissed on
09/20/04.
On
10/15/04, Lawrence
filed a Habeas Appeal to the United States Court of Appeals, 11th
Circuit. The Court affirmed the United States District Court’s order
dismissing Lawrence’s Habeas Petition as untimely.
On
01/23/06, Lawrence filed a Petition for Writ of Certiorari to the United
States Supreme Court, which was granted on 03/27/06.
