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AKA: Pig, Pig
Parker
DC# 789049
DOB: 06/11/62
Nineteenth
Judicial Circuit, Martin County, Case# 82-352-CFC
(Trial venue
changed to Fifteenth Judicial Circuit)
Sentencing
Judge: The Honorable Phillip G. Nourse
Attorney,
Trial: Robert Makemson – Assistant Public Defender
Attorney, Direct
Appeal I: Robert G. Udell – Assistant Public Defender
Attorney, Direct
Appeal II: Mark Harllee – Assistant Public Defender
Attorney,
Resentencing: David M. Lamos – Assistant Public Defender
Attorney,
Collateral Appeals: Jo Ann Barone Kotzen – Registry
Date of Offense:
04/27/82
Date of
Sentence: 01/11/83
Date of
Resentence: 12/13/00
Circumstances of
the Offense:
During an armed
robbery, J.B. Parker and three accomplices kidnapped a woman, whom
Parker later shot to death.
On 04/27/82,
Parker, along with John Bush, Alphonso Cave and Terry Wayne Johnson, set
out in Bush’s car from Fort Pierce to West Palm Beach. Parker stated
that during the trip, Bush said the group was going to commit a
robbery.
Later, Bush and Cave entered the Stuart convenience store
where the 18-year-old victim, Frances Slater, was working. They robbed
the store and abducted Slater, placing her in the back seat of the car.
They drove to an isolated area. During the 20-minute trip, the victim
pleaded for her life. She was then dragged out of the car by her hair.
Bush stabbed Slater, which caused her to sink to her knees. Parker then
shot her in the back of the head execution-style.
Medical testimony
established that the gunshot, not the stabbing, was the cause of death.
The four then drove back to Fort Pierce and divided the money four
ways. Parker’s split was twenty to thirty dollars.
Codefendant
Information:
John Bush
(Executed in 1996)
Bush was
convicted of first-degree murder, armed robbery and kidnapping, and in
1982 was sentenced to death for the murder conviction.
Alphonso Cave
(DC#
087429)
Cave was
convicted of first-degree murder, armed robbery and kidnapping (CC#
82-9546). He was sentenced to death in 1982, and resentenced to death
in 1993 and 1997.
Terry Wayne
Johnson (DC#
090336)
Johnson was
convicted in 1993 of first-degree murder and kidnapping
(CC#
82-352).
He is serving life sentences for each of the convictions.
Additional
information:
The defendant
had a juvenile record of breaking and entering into a school. However,
the sentencing judge found that Parker had no history of significant
crimes as an adult.
Trial Summary:
01/07/83 Indicted as follows:
Count
I: First-Degree Murder – guilty
Count
II: Armed Robbery – guilty
Count
III: Kidnapping – guilty
01/11/83 Jury recommended death by a vote of 8- 4
01/11/83
Defendant was
sentenced as follows:
Count
I: First-Degree Murder – Death
Count
II: Armed Robbery – 10 years
Count
III: Kidnapping – 10 years
10/25/00 New jury recommended the death penalty by a vote of
11-1
12/13/00 Defendant was resentenced to death
Case information:
Parker filed a Direct Appeal to the Florida Supreme Court on 01/28/83.
The Court agreed with the defendant that the trial court erred in
admitting testimony regarding his admission of guilt, but ruled that
this was harmless error. The Court affirmed the conviction and sentence
10/24/85.
On 12/03/87,
Parker filed a 3.850 Motion to the Circuit Court, which was denied on
04/05/88.
On 04/28/88,
Parker filed a 3.850 Appeal to the Florida Supreme Court. The Court
affirmed the trial court’s denial of the 3.850 motion on 03/23/89. The
Court denied Parker’s motion for a rehearing and issued a mandate on
05/26/89.
Parker filed a
Petition for Writ of Habeas Corpus to the Florida Supreme Court on
08/25/88, which was denied on 03/23/89. His motion for a rehearing was
denied on 05/26/89.
Governor Bob Martinez signed Parker’s death warrant in 08/29/89. The
following month, the defendant filed a second Habeas petition to the
Florida Supreme Court and a second 3.850 Motion to the Circuit Court.
He also asked the Florida Supreme Court for a stay of execution. Then
on 10/25/89, two days before Parker’s scheduled execution date
(10/27/89), he filed a Habeas petition in the United States District
Court, and was granted a stay of execution the same day.
Parker filed a second 3.850 Motion to the Circuit Court on 09/28/89.
The trial court denied the 3.850 Motion on 10/16/89, a decision he
appealed to the Florida Supreme Court on 10/23/89.
The Court, on the
day the execution was stayed, issued a consolidated opinion affirming
the trial court’s ruling and denying the second Habeas petition, saying
each of the 11 issued raised by Parker in both appeals were procedurally
barred. The Court also denied the request for a stay of execution.
Parker filed a Petition for Writ of Habeas Corpus to the United States
District Court, Southern District on 10/25/89. The Court denied
Parker’s Habeas petition on 09/03/90. He filed an appeal of the
decision to the United States Court of Appeals, 11th Circuit
on 10/01/90, arguing that his statements to law enforcement officers,
which implicated him in the crimes, were inadmissible during the trial.
The Court agreed, but found the trial court error was harmless and
affirmed the lower court’s opinion 10/06/92.
Parker filed a third 3.850 Motion to the Circuit Court on 06/27/94. He
argued that testimony from the resentencing of codefendant Alphonso
Cave would have had an exculpatory impact on Parker’s trial and, had he
discovered it, would have changed the outcome of his trial.
The trial
court agreed and granted him an evidentiary hearing on the issue. After
the hearing, on 11/13/96, the trial judge granted a new penalty phase,
but denied him a new trial after finding that such evidence would not
have resulted in a different verdict in the guilt phase.
On
12/05/96, the State appealed the Circuit Court’s order for a new penalty
phase to the Florida Supreme Court. In a cross-appeal, Parker argued
for a new trial.
On 09/03/98, the Court agreed with the trial judge’s
conclusion that, given evidence erroneously admitted during the trial
along with the evidence presented during Cave’s resentencing, confidence
in the jury’s recommendation for death had been undermined, and affirmed
the trial court’s order for a new penalty phase. The Court rejected
Parker’s claim that confidence in the verdict had been undermined as
well, and affirmed the trial court’s order denying a new trial.
Parker filed a Direct Appeal to the Florida Supreme Court on 01/24/01.
His convictions and sentence were affirmed on 01/22/04.
Parker filed a Petition for Writ of Certiorari to the United States
Supreme Court on 07/22/04, which is was denied on 01/10/05.
FloridaCapitalCases.state.fl.us
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