Florida Supreme Court

A.K.A. Less McCullars

DC# 100866
DOB: 10/05/54

Eleventh Judicial Circuit, Dade County, Case #84-13010
Sentencing Judge: The Honorable Harold Solomon
Attorney, Trial: Ken Lange – Special Assistant Public Defender
Attorney, Direct Appeal: Geoffrey C. Fleck – Special Assistant Public Defender
Attorney, Collateral Appeals:  Martin J. McClain – Under contract with CCRC-S

Date of Offense:  06/04/84

Date of Sentence:  12/31/85

Date of Resentence:  09/02/05

Circumstances of Offense:

Rickey Roberts was convicted and sentenced to death for the murder of George Napoles.

In the late evening of 06/03/84, Michelle Rimondi, George Napoles and Jammie Campbell parked their car alongside the beach near Key Biscayne off Rickenbacker Causeway.  All three drank wine and fell asleep. 

Later in the evening, Rimondi woke and saw another car approaching them.  The car parked along the beach next to them. Rickey Roberts got out of the car and approached Napoles’ car. 

Rimondi was able to wake Napoles but not Campbell.  Roberts asked the two what they were doing out on the beach and asked for Napoles’ identification. Napoles gave Roberts his identification under the impression that Roberts was an undercover beach patrol officer.  

After inspecting Napoles’ license, he proceeded to frisk Rimondi, during which he fondled her breasts and thighs.  His actions made Napoles very suspicious of Roberts, and he demanded to see police identification.  Roberts said his identification was back in his car.  Napoles accompanied Roberts to his car. 

Instead of showing identification, Roberts pulled out a baseball bat.  He then forced Napoles back to the other car.  At this time, Roberts told Rimondi to face toward the car and not turn around; however, she watched over her shoulder as Roberts hit Napoles repeatedly in the head and back with a baseball bat. 

After beating him, Roberts pushed Napoles towards the beach. Roberts then instructed Rimondi to take off her clothes threatening that, if she did not comply, she would get the same beating as Napoles or worse.  While Rimondi was disrobing, Roberts heard another car passing by and told her to get dressed and get into his car.  He drove a while and then parked and raped Rimondi.   

For the next several hours, Roberts drove around with Rimondi. She conversed with him, assuring him that she did not mean him any trouble and asking him to please drive her home.  At this point, Roberts realized that he had left his wallet back at the beach and returned with Rimondi to retrieve it.

When they arrived back at the beach Roberts turned Napoles’ body’s face-up.  Rimondi testified that Napoles was still alive at this time.  Roberts saw that Campbell remained asleep in the car and drove off with Rimondi.

Roberts pulled over and raped Rimondi a second time.  He then dropped her off at her home.  Rimondi called the police to report the incident. 

Napoles’ body was found on the beach the morning of 06/04/84.  Rimondi gave police clues to identify Roberts and later was able to positively identify both Roberts and his automobile. 

At first Roberts denied being present at the murder scene.  After being told that his palm print was found on the top of Napoles’ car, Roberts said that he had picked up Rimondi, who said she needed a ride home because her friends were passed out from drinking. 

According to Roberts, they returned to Napoles’ car to get Rimondi’s purse and he had leaned on the car at that time.  Roberts further claimed he did not rape Rimondi or kill Napoles.

Trial Summary:

06/21/84          Roberts was indicted on the following counts:

Count I:  First-Degree Murder (George Napoles)
Count II:  Armed Sexual Battery (Michelle Rimondi)
Count III:  Armed Robbery
Count IV:  Armed Robbery
Count V:  Armed Kidnapping

12/16/85          The jury found Roberts guilty for Counts 1, 2 and 5 and not guilty for Counts 3 and 4 of the indictment.

12/18/85          Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the death penalty.

12/31/85          Roberts was sentenced as follows:

Count I:  First-Degree Murder (George Napoles) – Death
Count II:  Armed Sexual Battery (Michelle Rimondi) – Life
Count V:  Armed Kidnapping – Life

09/02/05          Resentenced to death.

Case Information:

Roberts filed his Direct Appeal in the Florida Supreme Court on 02/10/86.  The issues addressed included that the evidence was insufficient to support a First-Degree Murder conviction, the trial court judge failed to attend the jury viewing of the crime scene, Roberts was not present in three proceedings that he argued violated his right to be present at all crucial stages of the trial.  

Roberts also contended that his right to testify on his own behalf was violated and that error occurred in that the state was allowed to cross-examine a witness outside the scope of the direct examination, and that the court erred in the handling of mitigating factors.

Roberts further argued that the action of the court limiting his direct examination testimony violated the Fifth, Sixth, and Fourteenth Amendments and that the death penalty was inappropriately applied, not proportional, and discriminatorily applied based upon the victim’s race and the offender’s gender.  

The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 07/02/87. 

Roberts filed a Petition for Writ of Certiorari on 11/23/87 in the United States Supreme Court.  The petition was denied on 03/07/88. 

Roberts filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 09/28/89.  The issues addressed included the use of the Rape Shield Law and ineffective counsel.  The Florida Supreme Court denied the petition on 09/06/90.   

Roberts filed his first 3.850 Motion on 09/28/89 in the circuit court.  The motion was denied on 10/25/89.

Roberts filed a 3.850 Appeal on 10/25/89 in the Florida Supreme Court.  The issues addressed included that the Florida Rule of Criminal Procedure 3.851 lessens the time to file post-conviction motions, which he contests violates his right to due process and equal protection.  Roberts further argued the court used an improper standard to rule on the defense’s Neil Objection.  He also argued that the application of Florida’s Rape Shield Law limited his ability to present a full defense, that assistance of counsel was ineffective and that a Brady Violation was committed.  

Roberts challenged the application of aggravating factors to find the crime heinous, atrocious, or cruel.  Other claims were presented but barred since they were addressed in the direct appeal. The Florida Supreme Court affirmed the denial of the 3.850 Motion on 09/06/90.  

Roberts filed a Federal Petition for Writ of Habeas Corpus in the United States District Court (Southern District) on 03/22/91.  Roberts raised 25 claims. Roberts argued that the application of Florida’s Rape Shield Law denied his right to present a defense, testify on his behalf, and cross-examine witnesses.  

He further argued that assistance of counsel was ineffective, that a Brady Violation was committed, and that the State excused black jurors due to race.  Roberts also argued that he was limited in cross-examining witnesses and not present at key stages of the trial.  The United States District Court denied the petition on 06/05/92.

Roberts filed a Federal Habeas Appeal in the United States Court of Appeals (11^th Circuit) on 08/14/92.  The issues addressed included the argument that the use of the Rape Shield Statute violated the 6^th and 14^th Amendments and exculpatory evidence was withheld from the defense, which Roberts argued also violated the 5^th, 6^th and 14^th Amendments. 

Errors occurred in allowing statements of a witness to be included, the trial court’s denying Roberts the opportunity to cross-examine State’s witnesses about pending charges and Roberts did not receive effective assistance of counsel during the guilt phase.

Roberts also contended that he received ineffective assistance of counsel during the penalty phase, the jury received insufficient instruction concerning the aggravating factors, and that the mitigating factors were not considered by the sentencing judge.  The United States Court of Appeals affirmed the Habeas denial on 08/10/94.   

Roberts filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/21/93.  The issues addressed included that United States Supreme Court decisions involving the jury instructions on aggravating factors of finding the crime heinous, atrocious, or cruel alters Florida law, resulting in an error in Roberts’ sentencing.   The Florida Supreme Court denied the petition 09/16/93. 

Roberts filed a Petition for Writ of Certiorari on 03/27/95 with the United States Supreme Court.  The petition was denied on 06/12/95.   

Roberts filed a second 3.850 Motion on 02/20/96 with the Circuit Court.  The motion was denied on 02/22/96.

Roberts filed a 3.850 Appeal on 02/22/96 with the Florida Supreme Court.  The issues addressed included that one witness recanted her testimony and that the state obstructed his attempts to depose witnesses and public records.  Based on their findings in regards to these matters, the Florida Supreme Court reversed the denial of the 3.850 Motion on 06/06/96 and remanded the case for an evidentiary hearing. 

Roberts filed a 3.850 Motion on remand on 07/16/97 with the Circuit Court.  The motion was denied on 10/01/97.

Roberts filed a 3.850 Appeal on 03/04/98 with the Florida Supreme Court.  The issues addressed included that the trial judge erred in denying the motion to disqualify himself and denying the motion to disqualify the assistant state attorney, that the court erred in not issuing a certificate of materiality so that Roberts could acquire an out-of-state subpoena, and that Judge Solomon was assigned to post-conviction proceedings during ex parte proceedings. 

The Florida Supreme Court reversed the denial of the 3.850 Motion on 12/05/02 and remanded the case for an evidentiary hearing. On 01/12/01, the court affirmed the granting of the 3.850 Motion by the Circuit Court.

On 05/02/00, Roberts filed a third 3.850 Motion with the Circuit Court.  On 01/12/01, the motion was granted and resentencing ordered based on ex parte communication by the sentencing judge and the improper drafting of the sentencing order. 

After waiving his right to a jury recommendation vote, Roberts was resentenced to death on 09/02/05.

Roberts filed a 3.850 Motion in the State Circuit Court on 09/20/05.  The motion is currently pending. 

On 10/10/05, Roberts filed his resentencing Direct Appeal in the Florida Supreme Court.  The appeal is currently pending.

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