DC# 084224
DOB: 02/23/63
Eleventh Judicial
Circuit, Dade County, Case #88-38759
Sentencing Judge: The Honorable
Juan Ramirez, Jr.
Attorneys, Trial: Herbert Smith
& Patrick Nally – Assistant Public Defenders
Attorney, Direct Appeal: Robert
Kalter – Assistant Public Defender
Attorneys, Collateral Appeals:
Rachael Day - CCRC-S
Date of Offense: 10/31/88
Date of Sentence: 11/06/91
Circumstances of Offense:
On 10/31/88, Ella Hickman
returned home and interrupted a burglary in progress. The assailant
attacked Hickman and stabbed her six times with a long, sharp and
slender object. One of the stab wounds severed her carotid artery,
which resulted in extreme blood loss and ultimately caused her death.
Investigators linked forensic
evidence at the crime scene to Kenneth Watson. He was charged with
First-Degree Murder, Burglary with an Assault and Armed Robbery.
*****
Trial Summary:
08/01/90 The defendant was indicted on the following charges:
Count I: First-Degree
Murder
Count II: Armed Burglary
with an Assault
Count III: Armed Robbery
10/08/91 The
jury found the defendant guilty on all counts charged in the
indictment.
10/16/91 Upon
advisory sentencing, the jury, by a 10-2 majority, voted for the death
penalty.
11/06/91 The defendant was sentenced as follows:
Count I: First-Degree
Murder - Death
Count II: Armed Burglary
with an Assault - Life
Count III: Armed
Robbery - Life
*****
Case Information:
On
12/30/91, Watson filed a Direct Appeal in the Florida Supreme Court. In
that appeal, he argued that the trial court erred in denying his
challenges for cause for two potential jurors and, as a result, he was
forced to exhaust his peremptory challenges. Watson argued that he was
on trial before “objectionable jurors.” Watson also contended that the
trial court erred by denying his motion for additional peremptory
challenges. The trial court did grant one additional challenge. The
Florida Supreme Court ruled, “When impartiality is compromised, a
conviction must be reversed.” As such, the court reversed Watson’s
convictions and sentence of death and remanded for a new trial. A
motion for rehearing was entertained and granted on 11/03/94. The
Florida Supreme Court withdrew its previous opinion and substituted it
with a revised opinion, which affirmed Watson’s convictions and
sentence. After closer examination of trial court record and
transcripts, the Florida Supreme Court noted that only one juror was
potentially objectionable and could have been removed from the jury with
the additional peremptory granted by the trial court. The Florida
Supreme Court found no merit to any other issue raised by Watson in his
Direct Appeal.
On
06/19/95, Watson filed a Petition for Writ of Certiorari with the United
States Supreme Court that was subsequently denied on 10/02/95.
Watson filed a 3.850 Motion in the State Circuit Court which was granted
on 10/02/03. The case was remanded for resentencing. The State
appealed that decision in the Florida Supreme Court on 11/10/03. Watson
also filed a Cross Appeal.
FloridaCapitalCases.state.fl.us
|