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DC# 096448
DOB: 10/25/42
Third Judicial Circuit, Dixie
County, Case #85-130-CF
Sentencing Judge: The Honorable
L. Arthur Lawrence
Attorney, Trial: Daniel A.
McKeever, Jr. - Special Appointed Public Defender
Attorney, Direct Appeal: David
Davis - Assistant Public Defender
Attorney, Collateral Appeals:
Harry Brody, Esq. - Registry
Date of Offense: 06/20/85
Date of Sentence: 05/08/86
Circumstances of Offense:
Johnny Williamson, along with
codefendants Omer Williamson (no relation) and “Chickenhead” Robertson
were inmates at Cross City Correctional Institution at the time of the
murder of inmate Daniel Drew. Johnny Williamson was serving a nine-year
sentence for a 1984 robbery conviction.
While in prison, Johnny
Williamson and Omer Williamson were involved in the sale and
distribution of drugs. Omer owed inmate Daniel Drew $15 from a previous
marijuana sale but decided not to give him the money because he believed
Drew was lying to him.
Upon hearing this, Williamson told Omer that
they would have to kill Drew because he was a “country boy” and would be
a threat to Omer if the debt was not repaid.
When another inmate,
“Chickenhead” Robertson, learned that Williamson and Omer were planning
to kill Drew, he offered to find a knife for them to use in the murder.
When Robertson and Williamson were unable to locate a weapon, Omer
returned to his cell and removed a metal rod from his sink that had
previously been sharpened to a point by Daniel Drew.
On 06/20/85, Williamson, Omer,
and Robertson proceeded to the maintenance shop where Drew was working
and asked another inmate to send him out to talk to Williamson and
Omer. Robertson was to act as a lookout during the confrontation.
When
Drew came outside, Williamson gave him $5, telling Drew that he was
having difficulty getting the rest of the money and would need a knife
to obtain it. Drew then gave Williamson a knife he had made.
At this
point, Williamson signaled Omer, who grabbed Drew from behind by the
throat. Williamson stabbed him and a struggle ensued. Omer threw
Drew to the ground, kicking him in the head.
After watching this for
a short while, Omer became “grossed out,” gave the metal rod to
Williamson, and left. Williamson then sat on top of Drew and stabbed
him repeatedly with both the knife and the metal rod.
After killing
Drew, Williamson returned the knife to Robertson, who buried it
underneath a tree where it was later found. Williamson gave the metal
rod to Omer, who returned it to his sink.
Williamson was indicted on
10/22/85 by a grand jury in Dixie County for First-Degree Murder and
Possession of Contraband (Knife) While in Prison. Williamson was found
guilty of both charges and sentenced to death.
Codefendant Information:
All three inmates were charged
with First-Degree Murder and Possession of Contraband. Omer Williamson
pled guilty to the charges and agreed to testify against Williamson and
Robertson in exchange for the State agreeing not to seek the death
penalty. Williamson and Robertson were tried together. Robertson was
found guilty of the Possession of Contraband Charge.
*****
Trial Summary:
10/22/85 The defendant
was indicted on the following charges:
Count I: First-Degree
Murder
Count II: Possession of
Contraband
04/09/86
The jury found the defendant guilty as charged.
04/10/86 Upon
advisory sentencing, the jury, by an 11 to 1 majority, voted for the
death penalty.
05/08/86 The defendant
was sentenced as followed:
Count I: First-Degree
Murder - Death
Count II: Possession of
Contraband – 15 years
*****
Case Information:
On 05/21/86, Johnny Williamson
filed a Direct Appeal in the Florida Supreme Court. In that appeal, he
argued that the trial court erred in permitting a comment made by the
State during closing arguments, alleging Williamson’s “guilt by
association” following the guilty plea entered by his codefendant Omer
Williamson. Pertaining to the penalty phase of the trial, Williamson
contended that the trial court erred in its application of discrepant
sentences among the codefendants and in its consideration and
application of the cold, calculating, and premeditated (CCP) aggravating
factor. The Florida Supreme Court found no merit to Williamson’s claims
and affirmed the convictions and sentence of death on 07/16/87.
Williamson next filed a Petition
for Writ of Certiorari in the United States Supreme Court, which was
denied on 02/29/88.
Williamson then filed a 3.850
Motion in the State Circuit Court. Soon after, Governor Bob Martinez
signed a death warrant for him on 09/27/88. The State Circuit Court for
Dixie County issued a stay of execution on 06/12/90. Williamson’s 3.850
Motion was later denied on 09/21/90.
Following the denial of his
3.850 Motion, Williamson filed a Petition for Writ of Habeas Corpus and
a 3.850 Appeal in the Florida Supreme Court respectively. In a
consolidated opinion issued 11/10/94, the Florida Supreme Court denied
the Habeas Petition and affirmed the denial of Williamson’s 3.850
Motion.
Williamson again filed a
Petition for Writ of Certiorari in the United States Supreme Court,
which was denied on 10/02/95.
On 07/15/93, Williamson filed a
second 3.850 Motion in the State Circuit Court. An Amended Motion was
filed on 01/02/97. The proceedings were held in abeyance pending the
resolution of Williamson’s Federal appeals. The motion was denied on
09/10/04.
Williamson next filed a Petition
for Writ of Habeas Corpus in the United States District Court, Northern
District, on 05/16/95. That petition was denied on 02/03/98, after
which Williamson filed an appeal of that decision in the United States
Court of Appeals for the Eleventh Circuit.
The District Court’s denial
of Williamson’s Federal Habeas was subsequently affirmed by the Court of
Appeals on 08/08/00.
Williamson filed a Petition for
Writ of Certiorari in the United States Supreme Court on 06/29/01, which
was denied 10/01/01.
On 08/23/05, Williamson filed a
3.850 Appeal in the Florida Supreme Court. The appeal is currently
pending.
FloridaCapitalCases.state.fl.us
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