Date of Sentence: 11/24/93
Circumstances of Offense:
Pablo San Martin was convicted
and sentenced to death for the murder of Raul Lopez.
On 12/06/91, Danilo Cabanas,
Sr., Danilo Cabanas, Jr., and Raul Lopez went to pick up $25,000 in cash
from the bank for the check-cashing business owned by the Cabanas
family.
The men left the bank in two cars with Cabanas Sr. and Jr.
riding in the first car and Lopez following in a truck. On the Palmetto
Expressway, the three men were “boxed in” by two Suburbans at a
stoplight.
San Martin, and co-defendants, Pablo Abreu and Leonardo
Franqui exited the Suburbans, and San Martin told the victims not to
move. The men in the Suburbans fled the scene after an exchange of
gunfire. Lopez was then found to have been shot in the chest and was
taken to the hospital, but he died shortly after arriving at the
hospital.
San Martin confessed to his
involvement in the planning and execution of the crime in an oral
statement. He later told the police that the firearms could be found in
a river near his home. The police were able to retrieve two weapons: a
9mm semiautomatic pistol and a .357 revolver.
The confession of Leonardo
Franqui also was admitted. The events of the crime described by Franqui
were very similar to the confession of Pablo San Martin. Franqui
admitted to carrying a .357 revolver, and an expert was able to
determine that the bullet that killed Lopez came from a .357 revolver.
Additional Information:
Dade County Circuit
Court #92-6346
On 11/29/91, Pablo San
Martin, the defendant, and an unidentified co-defendant approached Pedro
R. Santos, the victim, as he walked from the main building to the
drive-through teller area of the Republic National Bank. Santos worked
as a security guard at the bank.
The defendants told him to drop the
moneybag that he was carrying or they would kill him. Before Santos was
able to follow their order, one of the defendants started to shoot at
him but did not actually wound Santos. Santos returned fire, and the
defendants returned to their car and drove away.
On 07/08/92, San
Martin was found guilty of the counts listed within the indictment. San
Martin was sentenced to 27 years for Attempted First-Degree Murder, 15
years for Attempted Robbery with a Firearm, and five years for Grand
Theft of a Motor Vehicle.
Dade County Circuit
Court #92-2141
One 01/03/92, Pablo San
Martin, the defendant, Leonardo Franqui, Ricardo Gonzalez, and Fernando
Fernandez, the co-defendants robbed the Kislak National Bank in North
Miami. Steven Bauer, a police officer, was shot to death during the
incident. San Martin was sentenced to five sentences, of five years
each, for Robbery with a Deadly Weapon, and Aggravated Assault, two
counts Grand Theft Motor Vehicle, and Burglary or Attempt of an
Unoccupied Structure.
On 10/11/94, the jury found San Martin guilty of
the seven offenses listed within the indictment. The jury convicted San
Martin of First-Degree Murder of a Law Enforcement Officer and
recommended life during advisory sentencing. The judge did not follow
the jury’s recommendation and sentenced San Martin to death.
On
06/11/98, the Florida Supreme Court affirmed the conviction, but vacated
the death sentence and imposed a life sentence without possibility of
parole because the Florida Supreme Court found error in the judge’s
actions during sentencing, particularly that he overruled the jury’s
advisory sentence when it was not unreasonable (717 So. 2d 462).
Co-Defendant Status: Pablo
Abreu (Dade County Circuit # 92-6089)
Pablo Abreu was convicted of
seven counts for his involvement in the crimes that occurred on
12/06/91. Abreu was sentenced on 07/02/93. He received one life
sentence for the crime of First-Degree Murder during the Commission of a
Felony. Abreu received two life sentences for the two counts of
Attempted First-Degree Murder during the Commission of a Felony. He
received two 15-year sentences for Attempted Robbery with a Deadly
Weapon and Threatening to Use A Firearm. Abreu received two five-year
sentences for the two counts of Grand Theft Motor Vehicle.
Co-Defendant Status: Leonardo
Franqui (Dade County Circuit # 92-6089)
Leonardo Franqui was convicted
of six counts for his involvement in the crimes that occurred on
12/06/91. Franqui was sentenced on 11/24/93. Franqui received two life
sentences for the two counts of Attempted First-Degree Murder during the
Commission of a Felony. He received two 15-year sentences for Attempted
Robbery with a Deadly Weapon and Threatening to Use A Firearm. Franqui
received two five-year sentences for the two counts of Grand Theft Motor
Vehicle.
Trial Summary:
02/18/92 San Martin was indicted on the following counts:
Count I: First-Degree Murder
Count II: Attempted First-Degree Murder
with a Firearm
Count III: Attempted First-Degree Murder
with a Firearm
Count IV: Attempted Robbery with a
Firearm
Count V: Third-Degree Grand Theft Motor
Vehicle
Count VI: Third-Degree Grand Theft Motor
Vehicle
Count VII: Unlawful Possession of a Firearm while Engaged in a
Criminal Offense
07/24/93 The jury returned guilty verdicts for each count of
the indictment.
11/04/93 Upon
advisory sentencing, the jury, by a 9 to 3 majority, voted for the death
penalty.
11/23/93 San Martin was sentenced as follows:
Count I: First-Degree Murder Death
Count II: Attempted First-Degree Murder with a Firearm Life
Count III: Attempted First-Degree Murder with a Firearm Life
Count IV: Attempted Robbery with a Firearm 15 years, less 680 days for time served
Count V: Third-Degree Grand Theft Motor Vehicle 5 years, less 680 days for time
served
Count VI: Third-Degree Grand Theft Motor Vehicle 5 years, less 680 days for time
served
Count VII: Unlawful Possession of a Firearm while Engaged in a Criminal Offense 15
years, less 680 days for time served
Case Information:
Pablo San Martin filed his Direct Appeal in the Florida Supreme Court on
04/27/94. He raised a number of issues on Direct Appeal. The issues
included that San Martin was not allowed an individual-sequestered voir
dire of the prospective jurors, that the trials of San Martin and
Franqui were not severed, and that statements made by San Martin and
Franqui were allowed as evidence. Other issues addressed were that the
evidence did not support a First-Degree Murder conviction, that the jury
was instructed on finding cold, calculated, premeditated aggravating
factors and found such factors, and that the jury was not informed about
the applicability of mitigating factors. San Martin also addressed the
issues of the death penalty statute being unconstitutional and that it
shifts the burden from the state to the defendant. The Florida Supreme
Court did not find errors that warranted reversing the conviction or
sentence and affirmed the conviction and sentence on 12/24/97.
Rehearing was denied on 02/23/98. A Mandate was issued on 03/25/98.
On
05/26/98, San Martin filed a Petition for Writ of Certiorari in the
United States Supreme Court. On 10/05/98, the United States Supreme
Court denied the petition.
San Martin filed a 3.850 Motion in the Circuit Court on 10/04/99. The
Assistant State Attorney prosecuting the case in Miami-Dade County was
subsequently elected as a circuit court judge. The judge recused
herself and transferred the case to Broward County. Amended motions to
vacate judgment and sentence were filed on 04/17/00, 03/20/02, and
12/01/03. On 03/31/05, the motion was denied.
On
05/10/05, San Martin filed a 3.850 Appeal in the Florida Supreme Court.
The appeal is currently pending.
Floridacapitalcases.state.fl.us
