Date of Sentence: 03/28/90
Circumstances of Offense:
Juan Rodriguez was convicted of
the charges of the first-degree murder of Abelardo Saladrigas, armed
robbery, conspiracy to commit a felony, attempted armed robbery, armed
burglary with an assault, aggravated assault, and attempted first-degree
murder. These convictions stemmed from incidents occurring on two
consecutive days.
On 04/22/88, Rodriguez went to a
bondsman, where he met Ramon Fernandez and Carlos Sponsa. Fernandez
gave the bondsman the title to his car to pay Rodriguez’s bail.
Rodriguez assured Fernandez he would get the money to pay him back.
On 05/13/88, Sponsa and
Fernandez met with Rodriguez to demand the owed bond money. Rodriguez
told the two men he knew where to get the money and to follow him to an
auto parts store. Rodriguez told Sponsa and Fernandez to wait in their
car at the front of the store while he drove around back.
At the back
exit of the store, Rodriguez saw the store owner, Abelardo Saladrigas,
and approached him. Rodriguez pulled a gun on Saladrigas and demanded
his briefcase and watch. Saladrigas did not comply. Rodriguez shot him
four times, took the briefcase and watch, and then ran back to his car
and took off. Sponsa and Fernandez claimed to have fled after hearing
the first gunshot.
Later, Rodriguez gave half of
the $1,200 found in the briefcase to Fernandez. Rodriguez kept the
Rolex watch for himself. Saladrigas was able to describe the events to
a family member, police officer and store worker before he died.
Saladrigas had two wounds in his right arm, one wound in the upper left
chest, one wound one inch above the right knee, and two wounds to the
right chest, one of which was fatal. Although there were six wounds on
Saladrigas’ body, the medical examiner claimed they were consistent with
four gun shot wounds.
The day following the murder,
Rodriguez, along with Fernandez and other men, attempted to rob a
household. They were unsuccessful because the homeowner had a gun that
he fired at the men three times. One of the robbers accompanying
Rodriguez fired back once.
Three weeks after the attempted
household robbery, Fernandez was arrested. He confessed to his
involvement in the auto parts store offense and the attempted robbery.
Fernandez told police that Rodriguez was the one who shot Saladrigas,
and he was subsequently arrested.
Francisco Reyes testified that
in county jail prior to Rodriguez’s trial, he offered him $3,000 to kill
Fernandez stating that, if he was dead, the state would no longer have a
witness for the case against him.
On 01/31/90, Rodriguez was found
guilty of all charges of the indictment. On 3/28/90, Rodriguez was
sentenced to death for the murder of Saladrigas.
Codefendant Information:
The following codefendants were involved and indicted for the murder
and/or attempted home invasion:
Ramon Fernandez:
Fernandez was sentenced to five years for count 1, 3 and 4 and 17 years
for counts 2 and 6. Each count is to run concurrently.
Sergio Valdes:
Sergio was sentenced to time served (15 months) for counts 1, 2 and 3
and probation with special conditions for his involvement.
Angel Diaz:
Diaz was indicted on counts 1, 2, 3, 4, and 6. For count 1 he was
sentenced to 364 days in county jail, for counts 2, 3, 4 and 6 he was
sentenced to Community Control and 3 years probation with special
conditions.
Jorge Luis Hernandez:
Hernandez was sentenced to five years in prison for counts 2, 3, 5 and 6
with three years credit served. Counts 2, 3 and 6 are to run
concurrent.
Lazaro Roberto Hernandez:
Lazaro was sentenced on counts 1, 2, 3 and 6 to one year Community
Control with special conditions followed by 3 and a half years
probation.
Additional Information:
Rodriguez has a history of offenses in Dade County including
possession / racketeering / sale and distribution of cocaine, carrying a
concealed firearm, burglary and grand theft all of which Rodriguez
received probation and/or about one month jail time.
Trial Summary:
05/03/89 Indicted as follows:
Count I: First-Degree
Murder
Count II: Armed Robbery
Count III: Conspiracy to
Commit a Felony
Count IV: Attempted Armed Robbery
Count V: Armed Burglary with
an Assault
Count VI: Aggravated Assault
with a Weapon
Count VII: Attempted
First-Degree Murder
01/31/90 Jury returned guilty verdicts on all counts of the
indictment.
03/01/90 Jury recommended death by a vote of 12 to 0.
03/28/90 Sentenced as follows:
Count I: First-Degree
Murder - Death
Count II: Armed Robbery - Life
Count III: Conspiracy to
Commit a Felony - 15 Years
Count IV: Attempted Armed Robbery -15 Years
Count V: Armed Burglary with
an Assault - Life
Count VI: Aggravated Assault
with a Weapon - 5 Years
Count VII: Attempted
First-Degree Murder - Life
Case Information:
On
05/11/90, Rodriguez filed a direct appeal to the Florida Supreme Court.
Rodriguez contended that error occurred in the trial court by requiring
him to continue without the presence of a subpoenaed defense witness and
for that witness’s testimony to be excluded from the trial. He also
contended that error occurred in conducting a joint trial for the
charges, admitting his sister-in-law’s identification testimony and
introducing hearsay testimony. On 10/08/92, the Florida Supreme Court
affirmed the convictions and sentence.
Rodriguez filed a Petition for Writ of Certiorari in the United States
Supreme Court on 03/26/93. The petition was denied on 10/04/93.
Rodriguez then filed a 3.850 Motion in the State Circuit Court on 09/12/94. The motion was
denied on 11/23/99.
On
01/14/00, Rodriguez filed a 3.850 Appeal in the Florida Supreme Court.
The Florida Supreme Court affirmed the denial of Rodriguez’s 3.850
Motion on 5/26/05.
On
12/31/01, Rodriguez filed a Petition for Writ of Habeas Corpus in the
Florida Supreme Court. The petition was denied on 5/26/05.
Rodriguez filed a 3.850 Motion in the State Circuit Court. The motion
was denied on 6/26/06.
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