DC# 094506
DOB: 10/31/64
Sixth Judicial
Circuit, Pinellas County, Case# 83-4924
Sentencing Judge: The Honorable Crockett Farnell
Trial Attorneys: Robert McMillan and Stephen Everhart – Assistant
Public Defenders
Attorney, Direct Appeal: Robert F. Moeller – Assistant Public Defender
Attorney, Collateral Appeals: John E. Swisher – Court-appointed
Date of Offense:
05/05/83
Date of
Sentence: 06/08/84
Date of
Resentence: 10/10/03
Circumstances
of the Offense:
Earl Baughman,
the 97-year-old victim, hired Muehleman as a helper on 05/02/83.
Muehleman posed himself as Jeff Williams. By the afternoon of 05/04/83,
Muehleman had made a decision to rob and murder the victim. He asked an
acquaintance for help with the robbery and in disposing of the body.
On the
evening of 05/04/83, when this acquaintance did not show up,
Muehleman decided to go through with the crime himself. He set
the kitchen table with two almost empty coffee cups and spread
breadcrumbs on the table. These actions were an attempt to
create the illusion that the two had eaten breakfast and then
gone out for a ride in the victim’s car. Muehleman then
proceeded to wipe down the residence to eliminate his
fingerprints.
Muehleman used a
cast iron frying pan to repeatedly hit the victim, who was asleep in his
bed. These blows did not kill the victim, so Muehleman attempted to
strangle the victim, but Muehleman was unable to restrict the blood flow
to the brain. The victim lay in his bed helpless and looking at
Muehleman in the face and was conscious long enough to beg his attacker
for mercy.
Muehleman then removed the plastic wrappers from two newspapers
and shoved them into the victim’s throat. The bags indicated
that the victim was still breathing so Muehleman forced them
deeper into the victim’s throat. The victim eventually died.
Muehleman then
stole $150 and other items from the victim. He wrapped his body in the
bloody bedcovers and put it in the trunk of the victim’s car. Muehleman
returned to the garage where he was living and hid the cash and other
items that he had stolen. He then returned to the victim’s residence and
burned, some of the bloody linens along with the victim’s identification
in a barrel in the back yard. He then wiped down the car to rid it of
fingerprints and drove it to a nearby apartment complex where he
abandoned it.
Suspicion
surrounded the victim’s disappearance because he did not drive. On
05/06/83, a witness told police that he had seen the car that had been
described in a broadcast in front of the garage where Muehleman lived.
A police
officer went to the garage to question Muehleman; he was told
that Muehleman was not home but would return shortly. Upon
leaving the garage, the police officer spotted Muehleman who saw
the police car and proceeded to cover his face.
The
officer grabbed him by the arm and inquired about his name;
Muehleman responded with “Ed Buchanan”. The witness’s
identification of Muehleman as Jeff, resulted in Muehleman being
arrested on obstruction of justice charges due to providing
false information to the officer.
Muehleman agreed to talk to the police and denied any
involvement in the victim’s disappearance. He did indicate that he had
taken some items without the victim’s permission. On 05/09/83, Muehleman
invoked his right to remain silent.
On 05/15/83, the body was found in the trunk of
the car. Muehleman still proclaimed his innocence to
authorities, but had approached a fellow inmate, Ronald Rewis,
and began discussing the murder. Rewis agreed to work with the
authorities and taped conversations that he had with Muehleman.
On 06/08/83, Muehleman requested an interview
with the authorities at which time he was informed of the
evidence against him and he confessed. He was booked on
first-degree murder on the same day. On 06/10/83 he gave his
final statement. Subsequently, Muehleman moved to suppress these
statements and the physical evidence. The motion was denied, and
Muehleman pled guilty.
Trial Summary:
06/28/83
Defendant was indicted as follows:
Count I:
First-Degree Murder
07/18/83
Entered a written plea of not guilty
08/16/83
Entered a plea of not guilty
05/01/84
Withdrew plea of not guilty and entered a plea of guilty
06/06/84
Jury recommended a sentence of death by a vote of 10-2
06/08/84
Defendant was sentenced as follows:
Count I:
First Degree Murder – Death
10/10/03
Resentenced to death
Case Information:
Muehleman filed
his direct appeal on 07/09/84 to the Florida Supreme Court. The main
issues of this appeal were that Muehleman’s Fourth, Fifth, and Sixth
amendment rights had been violated. The Court found no violations of
Muehleman’s rights and affirmed his conviction and sentence on 01/08/87.
Muehleman then
filed a Petition for Writ of Certiorari to the United States Supreme
Court on 05/21/87. The petition was denied on 10/05/87.
Governor Bob
Martinez signed a death warrant for Muehleman on 05/01/89. During this
time, Muehleman filed a 3.850 motion with the circuit court. The circuit
court granted a stay of execution on 06/30/89 but denied the 3.850
Motion on 01/28/92. Muehleman had previously filed a Petition for Writ
of Habeas Corpus on 06/06/89. Muehleman then filed a 3.850 appeal to the
Florida Supreme Court.
These
two cases were both remanded to the circuit court due to the
fact that the trial court denied Muehleman’s 3.850 Motion while
simultaneously granting his public records request. Therefore,
the Court relinquished jurisdiction of the case to the trial
court and granted him thirty days from the date that he received
the requested records to file an amended 3.850 motion. On
04/18/01, Muehleman filed a motion pro se to relinquish
jurisdiction to the Court. An order was issued on 05/02/01
returning jurisdiction to the Court.
On 09/17/02, the
Florida Supreme Court remanded the case to the Circuit Court for a new
penalty-phase.
On 03/02/05,
Muehleman filed an appeal for resentencing to the Florida
Supreme Court, which is currently pending.
FloridaCapitalCases.state.fl.us
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