Wednesday, April 10, 2013

TO KILL OR NOT TO KILL; THAT IS THE QUESTION.


THE CAPTAIN REPORTS:

TO KILL OR NOT TO KILL; THAT IS THE QUESTION.

UPDATE:

Authorities said 59-year-old Larry Eugene Mann was pronounced dead at 7:19 p.m. Wednesday following a lethal injection at Florida State Prison near Starke.

http://www.huffingtonpost.com/2013/04/10/larry-eugene-mann-execute_n_3056740.html

No. It's not from Hamlet.  And I'm certainly no Shakespeare; but that is the question of the day.  Today, after spending more than 32 years on Death Row, Larry Eugene Mann may actually meet his maker.

Printed below is the biography of the State v. Larry Eugene Mann.  What we need to be asking ourselves, as we occasionally do on the pages of this Blog, is whether Florida should still be in the business of execution?  What was the cost for the past 33 years of litigation; the trial attorneys; the appellate attorneys; CCRC attorneys; and all of the other costs associated with a case winding its way through the criminal justice system.  And what was the cost to the family of the victim in having to live out this nightmare, over and over again, for more than 32 years, before, finally, the State may actually succeed in sticking a needle into the arm of Mr. Mann, and killing him.

Here is the biography; (and it only takes us through 2003).  Please give us your thoughts.  But more importantly, please go one step further.  Engage yourselves in the system.  It is easy to sit idly by and curse the death penalty.  It is another thing to actually communicate your thoughts to one of the 160 elected representatives in our State Legislature.  It is only with engaged communication that we might ever see a change come to our State.






DC# 077663
DOB: 06/09/53






Sixth Judicial Circuit, Pinellas County, Case# 80-8741
Sentencing Judge: The Honorable Philip A. Federico
Attorneys, Trial: Susan F. Schaeffer & Patrick D. Doherty – Private
Attorney, Direct Appeal: David A. Davis – Assistant Public Defender
Attorney, Collateral Appeals: Marie-Louise Parmer & Leslie Scalley – CCRC-M

Date of Offense: 11/04/80

Date of Sentence: 03/26/81

Date of Resentence (I): 01/14/83

Date of Resentence (II): 03/02/90

Circumstances of the Offense:

At approximately 10:30 a.m. on 11/04/80, 10-year-old, Elisa Nelson was riding her bike to school. She was late for school because she had a dentist appointment that morning, and her mother had given her a note excusing her absence.

Elisa’s bicycle was found later that day in a ditch approximately one mile from Elisa’s school. A search party, which included police officers and community members, was initiated. Elisa’s body was found on 11/05/80.

Elisa died from a skull fracture possibly caused by a single blow to the head. A cement-encased steel pipe was found lying next to the body. There were two lacerations approximately 3.5 and 4.5 inches along the girl’s neck.

The medical examiner could not discern if the lacerations were made before or after the child’s death, but they were not the cause of death. There were no signs of molestation on the body.

The same day that Elisa disappeared, Larry Mann attempted to commit suicide by slashing both of his forearms. The police were summoned to help, and Mann stated to them that he had "done something stupid and needed help." Mann was taken to the hospital were the doctor ruled that Mann had made a serious attempt to end his life.

On 11/08/80, Mann asked his wife to retrieve his glasses from his 1957 Chevy pickup truck. Upon doing so, Mrs. Mann found the bloodstained note that Elisa’s mother had written to excuse her from school.

A friend of Mrs. Mann’s reported this finding to the police and that resulted in a search warrant of Mann’s truck and house. Inside the truck, a bloodstain was found with the same blood type as both Mann and Elisa. On 11/10/80, Mann was arrested.

Prior to the above incident, Mann had previously attempted suicide at least three or four times. Mann also has a history of pedophilia and psychotic depressions.

Trial Summary:

11/18/80 Defendant indicted on the following charges:

Count I: First-Degree Murder
Count II: Kidnapping

11/20/80 Defendant entered a written plea of not guilty

03/19/81 Defendant found guilty on both counts

03/20/81 A majority of the jury recommended the death penalty.

03/26/81 The defendant was sentenced as follows:

Count I: First-Degree Murder – Death
Count II: Kidnapping – 99 years to run consecutive to Count I

09/02/82 Trial remanded to Circuit Court for resentencing by FSC

01/14/83 Order denying advisory jury panel

01/14/83 Defendant resentenced as follows:

Count I: First-Degree Murder – Death
Count II: Kidnapping – 99 years to run consecutive to Count I

04/02/88 Trial remanded to Circuit Court for resentencing by the USCA 11th Circuit

02/06/90 Upon advisory sentencing, the jury, by a 9-3 majority, voted for the death penalty.

03/02/90 Defendant was resentenced to death on Count I, First-Degree Murder.

Case Information

Mann filed a Direct Appeal to the Florida Supreme Court on 05/04/81. Mann contended that the trial court improperly allowed into evidence the bloodstains found in his truck due to the fact that the blood type matched both him and the victim.

The Court ruled that the trial court properly admitted this evidence and found the conviction free from substantive error. The conviction was affirmed. In regard to his sentencing, the Court found that the trial court improperly applied the aggravating factors of prior conviction of a felony involving violence and the homicide to have been committed in a cold, premeditated manner. The Court vacated the sentence and remanded the case to the trial court for a new sentencing proceeding without a jury.

Mann was resentenced to death by the Circuit Court on 01/14/83. He filed a Direct Appeal after resentencing to the Florida Supreme Court on 03/25/83. Mann contended that the Court’s original opinion barred the state from presenting additional evidence at the resentencing. The Court found no error and affirmed the sentence of death.

Mann filed a Petition for Writ of Certiorari to the United States Supreme Court on 10/22/84. The petition was denied on 01/14/84.

Governor Graham signed a Death Warrant for Mann on 01/07/86. A 3.850 motion and a stay of execution were filed to the Circuit Court on 01/30/86. The motion and the stay of execution were denied on 01/31/86. On 01/31/86, Mann filed for a stay of execution pending the appeal on 01/31/86, the stay was denied on the same day.

On 02/01/86 Mann filed a 3.850 appeal, a Petition for Writ of Habeas Corpus, and a stay of execution to the Florida Supreme Court. Mann’s main claim was ineffective trial counsel because of his attorney’s failure to object to statements made by the prosecutor during closing arguments of the penalty phase.

The Court ruled that these comments did not constitute a reversible error. The Court denied the habeas and the stay and affirmed the trial court’s denial of the 3.850 motion on 02/01/86. No rehearing was allowed and a mandate was issued on 02/10/86.

On 02/03/86, Mann filed a petition for Writ of Habeas Corpus with the United States District Court, Middle District. The District Court granted the stay of execution on 02/03/86, but denied the Habeas on 02/19/86.

On 03/19/86, Mann filed Habeas Appeal to the United States Court of Appeals, Eleventh Circuit. Mann raised only one issue in reference to his conviction. He states that he was involuntarily absent from the jury’s presence when they were allowed to view the crime scene, which violated his rights under the 6th, 8th, and 14th Amendments. The USCA found this to be a harmless error and denied all relief as to his conviction.

In regard to his sentence, Mann raised five issues. Three did not entitle Mann to relief, but the claim that the court diminished the jury’s sense of responsibility in imposing the death sentence entitled Mann to relief in the form of a resentencing proceeding. Due to this finding, the USCA stated that the need to render a comment on the fifth issue was moot. The sentence was reversed and the case was remanded to the circuit court for a new jury sentencing proceeding on 05/14/87.

On 09/10/87 the previous opinion was vacated and a rehearing en banc was scheduled. The case was reheard en banc on 12/14/87, and a new opinion was issued on 04/02/88 again reversing the sentence and remanding the case to the circuit court for re-sentencing.

The State filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/19/88. The petition was denied on 03/06/89. On 02/06/90, a jury recommended the death penalty by majority. Mann was resentenced to death on Count I, Murder in the First Degree on 03/02/90.

Mann filed a Direct Appeal to the Florida Supreme Court on 05/04/90. The Court affirmed the sentence of death on 04/02/92. The rehearing was denied and a revised opinion was issued on 08/27/92. The Court again affirmed the sentence of death. A mandate was issued on 09/28/92.

Mann filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/25/92. The petition was denied on 01/19/93.

A 3.850 Motion was filed to the Circuit Court on 04/28/94. The motion was denied in part and an evidentiary hearing was granted. The motion was denied on 03/27/97. A 3.850 Appeal was filed in the Florida Supreme Court on 04/30/97.

The appeal was dismissed and CCRC was directed to file an amended 3.850 motion within ten days on 06/25/97. An amended 3.850 Motion was filed to the Circuit Court on 07/07/97. The motion was granted in part and an evidentiary hearing was granted on 07/29/98. The evidentiary hearing was held on 12/01/98 and the motion was denied on 01/13/99. A 3.850 Appeal was filed in the Florida Supreme Court on 02/15/99. Mann raised ten issues.

The Court found five to be procedurally barred and the remaining issues without merit. On 09/28/00, they affirmed the trial court’s denial of the 3.850 Motion. The rehearing was denied on 10/31/00, and the mandate was issued on 11/27/00.

Mann filed a Petition for Writ of Habeas Corpus on 12/20/00 to the Florida Supreme Court. The State claimed that the Florida Rule of Appellate Procedure 9.140 bars Mann’s Petition for Writ of Habeas Corpus. The Court did not bar the petition under Rule 9.140, but stated that as of 01/01/02, all petitions for extraordinary relief must be filed simultaneously with the initial brief appealing the denial of a rule 3.850 Motion.

The Court accepted the Petition and addressed Mann’s five issues. The claims raised were either without merit, rejected, or procedurally barred; therefore, the Court denied the petition on 07/12/01. The rehearing was denied on 09/05/01.

Mann filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/28/01. The petition was denied on 06/28/02.

On 08/09/02, Mann filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District. It was administratively closed on 08/16/02 due to pending cases in the Circuit Court. The case was reopened on 11/18/04. The petition was amended on 01/18/05.

Mann filed a 3.850 Appeal to the Florida Supreme Court on 03/17/03. The Court affirmed the trial court’s denial of Mann’s 3.850 Motion.

 
CAPTAIN OUT .........
 


17 comments:

Anonymous said...

I am adamantly against the death penalty for a number of reasons.

But, from your questions, assuming the DP is used, it seems like the process needs to be changed as much as the end result. Perhaps after he was sentenced in '81, the execution could have been carried out. Okay, let's give him a shot to appeal. Execute after the sentencing in '83? Okay, we'll give him a 3rd chance. In 1990, another jury voted for DP.

How about 3 strikes, you're out?

It seems like everything after that were petitions without merit and motions denied. To paraphrase you, What was the cost for the past 23 years (after 3rd death vote in 1990) of litigation; the trial attorneys; the appellate attorneys; CCRC attorneys; and all of the other costs associated with a case winding its way through the criminal justice system. "And what was the cost to the family of the victim in having to live out this nightmare, over and over again, for more than" the additional 23 years after the 3rd DP vote.

Three strikes, 10 years. Isn't that long enough? Can't we come up with a better system of justice than one that takes that long?

Anonymous said...

sorry.... after reading all that the death penalty seems fitting. Don't think this case helps you in the least.

Fake Penny Brill said...

Just has no price tag.

Fake Mendy said...

Oy vey

Anonymous said...

The Capt is a dope. Bring back DS!!!

Fake Jay White said...

Miami has the dolphins the greatest football team.

Cali es muy caliente!

Zzzzzzzz said...

Zzzzzzzzz

Anonymous said...

Much respect to Judge Venzer for keeping her calm while some defendant cursed at her, gave her the finger, and grabbed his crotch. Far worse than what that little brat Penelope Soto did to Chomat-Rodriguez.

She kept a level head, didn't yell or demean him. She simply reset his bond hearing for the afternoon telling him that she was giving him a chance to calm down, and that was it. What a judge.

Temperment is not only indicative of a great judge, it's indicative of a great person.

Very impressed with her restraint.

Anonymous said...

Captain, I agree with you.
No way should anyone have paid for all that. Sentence should have been carried out long ago. "Congratulations" to those who participated in prolonging everyone's agony.

Anonymous said...

Disbarment Order of California DA Marks First of Its Kind for State

http://www.courthousenews.com/2013/04/09/56520.htm

Anonymous said...

Sorry, but FRY the SOB

Anonymous said...

The more you typed Captain, the more the guy seemed to deserve to be killed. Lets worry about babies being aborted, especially the ones that are delivered alive after a botched abortion.

CAPTAIN said...


No ad hominem attack attacks - Rumpole's Rule Number Three.

On a separate note:

I noticed on JAABLOG that Judge Aramony passed away yesterday after a long battle with cancer. She was 59. She was assigned to the Family Division of the Broward Circuit Court.

Condolences to her family.

That courthouse needs to be torn down quickly.

Cap Out ....

Hermoine Granger said...

The biggest problem with the case of Larry Mann was that the court's justice took 32 years to carry out and this monster was allowed to continue to torture the Nelson family using taxpayer dollars for this long. Perhaps today they can finally get some closure-meanwhile, how many other victim's families are still living in the justice system torture chamber funded by you and me? This case just shows all of the pedophiles out there that Florida is a safe state to commit their crimes in....the death penalty should be a just punishment and a deterrent-this was a travesty.

Anonymous said...

Q: To kill or not to kill?
A: Kill.

Anonymous said...

I shed no tears for this animal, but I take no satisfaction in his execution either. Our mental health system is failing us all (it's performing far worse than our justice system). I wonder how many of these crimes could have been prevented if we did what we should with these folks in the first place.

We need to ask how we can better treat those who need it and how we can better handle offenders earlier in the system to reduce recidivism.

BTDT

Anonymous said...

I repeat for the umpteenth time what former Chief Justice Kogan said repeatedly during his last year on the bench. Death just does not work. It deters nothing, it costs too much in money and anguish to the victims family. It is time we just do what is the easiest and best way to deal with murderers like this. Lock them away without any hope of release and put them in the general poplulation where life will be a living hell and then let them die and go to the real hell.