Globe v. State

• Decision Date: 18 March 2004
• Docket Number: No. SC02-39.,SC02-39.
• Citation: 877 So.2d 663
• Parties: Charles GLOBE, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

877 So.2d 663

Charles GLOBE, Appellant, v. STATE of Florida, Appellee.

No. SC02-39.

Supreme Court of Florida.

March 18, 2004.

Rehearing Denied July 1, 2004.

Steven L. Seliger of Garcia & Seliger, Quincy, FL, for Appellant.

Charles J. Crist, Jr., Attorney General, and Cassandra K. Dolgin, Assistant Attorney General, Tallahassee, FL, for Appellee.

PER CURIAM.

Charles Globe appeals his conviction of first-degree murder and sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons stated below, we affirm the conviction and sentence.

FACTUAL AND PROCEDURAL BACKGROUND

Globe was convicted of the July 3, 2000, first-degree murder of Elton Ard. Ard was a fellow inmate at the Columbia Correctional Institution (CCI). Globe and his codefendant and fellow inmate, Andrew D. Busby,¹ had been planning to murder an inmate or correctional officer for two weeks before Ard's murder. Ard was Busby's cellmate and was one of seven potential victims targeted by Globe and Busby because he was harassing Busby. Globe and Busby talked for days about killing Ard and devised a plan to do so. Using part of a linen sheet and broken ballpoint pens, Globe made two garrotes approximately two weeks prior to the murder. Globe intended to use these garrotes to strangle his victim.

On the morning of July 3, 2000, at approximately 7 a.m., Globe slipped into the prison cell shared by Ard and Busby. After locking the cell door and covering the window, Globe grabbed Ard around the neck and they began to struggle. Globe placed one of the garrotes around Ard's neck, but it broke as he and Busby were strangling Ard. Ard pled for his life, offering to give Globe all of his money, a total of forty-five dollars. Globe told Ard that he didn't want his money "but his fucking life." Globe then struck Ard in the face, causing him to bleed. Globe flushed the broken garrote down the toilet and after discovering that Ard was still alive tied the second garrote around Ard's neck. Globe then lit a cigarette and watched Ard gasp for air six times before he finally died. After Ard died, Globe took the garrote from Ard's neck and tied it around Ard's wrist. He put a cigarette in Ard's mouth and placed a lighter in his hand.

During a prisoner count at approximately 8:40 a.m., correctional officer Tonya Nix found Globe locked inside Ard and Busby's cell. Globe and Busby were smoking cigarettes. Ard had a cigarette in his mouth and appeared to be dead. Abrasions and other marks were visible on Globe's face. Nix had Globe and Busby removed from the cell, which was secured until the Florida Department of Law Enforcement (FDLE) arrived to begin their investigation. A nurse at CCI found that Ard did not have a pulse or blood pressure and was not breathing. The following day Dr. Matthew Areford performed an autopsy on Ard, determining that he had died from strangulation and that his death was a homicide. Dr. Areford testified that Ard was involved in a scuffle shortly before he was strangled to death.

Evidence recovered from the murder scene included photographs of writing on the prison wall, photographs of bloody fingerprints, the cigarette lighter found in Ard's hand, the cigarette from Ard's mouth, the magic marker used to write on the wall, and the wingtip piece from a pair of glasses. The phrases "Call FDLE" and "Remember Andy and K.D., 7/3/2000," were written in magic marker on the cell door. "Don't forget to look on the door" was written in magic marker on the cell wall. Karen Smith, a crime laboratory analyst and forensic document examiner with FDLE, testified that Globe had written "Call FDLE" and "Remember Andy and K.D., 7/3/2000." Smith did not express an opinion as to who had written "Don't forget to look on the door." The bloody fingerprints were not of value for identification purposes.

Several hours after the murder, FDLE agent Bill Gootee met with Globe, advised him of his Miranda² rights, and asked Globe if he wanted to make a statement. Globe replied, "Not at this time," but did not request an attorney. Gootee terminated the interview and passed this information on to FDLE Agent Don Ugliano. Approximately seven hours later, Ugliano was standing in a hallway and heard Globe say something to the effect of "[t]hat guy doesn't need to be here." Globe had just finished being photographed and Busby was a short distance away inside the inspector's office talking to his father on the phone. Ugliano asked Globe "why," and Globe said, "The whole place is just screwed up. It is all messed up." Ugliano then asked Globe if he was willing to make a statement. Globe answered that he would, if he could be with Busby. After Globe and Busby were advised of their Miranda rights, they gave a tape recorded statement in which they admitted to killing Ard. After the statement was taken, Globe was moved to Florida State Prison and placed under a higher level of security than was available at CCI.

Inspector Jack Schenck, a senior inspector with the Florida Department of Corrections, Office of the Inspector General, interviewed Globe on July 7, 2000, at Florida State Prison. Schenck was present for Globe's July 3, 2000, statement. After being advised of his Miranda rights, Globe discussed how he had been planning to murder an inmate and how he had actually murdered Ard. Counsel was appointed for Globe, and he was arraigned on September 7, 2000. While sitting outside the judge's chambers that day, Globe said to Ugliano, "It's stupid to have to go through all this bullshit. I know I am going to get the needle for killing him." Ugliano told Globe that he was not allowed to speak to him anymore because Globe was represented by an attorney. Globe replied, "Shit. We have already confessed to killing the dude. What's it matter?"

The State introduced as evidence letters from Globe to Special Agents Don Ugliano and Jim Flournoy in which Globe admitted his involvement in Ard's murder. Crime laboratory analyst Thelma Williams identified the prints on each of the three letters as belonging to Globe. Karen Smith identified the handwriting on the letters as that of Globe.

Globe did not testify or present any evidence at the guilt phase of his trial. During his closing argument, defense counsel admitted that Globe was involved in the murder but argued for a verdict of a lesser degree of murder. The jury convicted Globe of first-degree murder on September 11, 2001, and on September 14, 2001, recommended death by a vote of nine to three.

The trial court followed the jury's recommendation and imposed a death sentence, finding and weighing four aggravating factors,³ no statutory mitigating factors, and eleven nonstatutory mitigating factors.⁴ On direct appeal Globe raises eight issues.

I. MOTION TO SUPPRESS

Globe argues that the trial court erred by denying his motion to suppress the July 3 and July 7 statements. The court denied Globe's motion to suppress his statements "[u]pon a finding that the statements were made freely, voluntarily, and knowingly after full and complete advisal and waiver of Miranda rights."

A. APPLICABLE LAW

1. Standard of Review

This Court recently explained the standard of review for orders on motions to suppress:

[A]ppellate courts should continue to accord a presumption of correctness to the trial court's rulings on motions to suppress with regard to the trial court's determination of historical facts, but appellate courts must independently review mixed questions of law and fact that ultimately determine constitutional issues arising in the context of the Fourth and Fifth Amendment and, by extension, article I, section 9 of the Florida Constitution.

Nelson v. State, 850 So.2d 514, 521 (Fla.) (quoting Connor v. State, 803 So.2d 598, 608 (Fla.2001)), cert. denied, ___ U.S. ___, 124 S.Ct. 961, 157 L.Ed.2d 797 (2003).

2. Admissibility of Statements

The State must establish, by a preponderance of the evidence, that the waiver of Miranda rights is knowing, intelligent, and voluntary. See Colorado v. Connelly, 479 U.S. 157, 168, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986); see also Ramirez v. State, 739 So.2d 568, 575 (Fla.1999). Whether Miranda rights were validly waived must be ascertained from two separate inquiries:

First, the relinquishment of the right must have been voluntary in the sense that it was the product of free and deliberate choice rather than intimidation, coercion, or deception. Second, the waiver must have been made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. Only if the "totality of the circumstances surrounding the interrogation" reveal both an uncoerced choice and the requisite level of comprehension may a court properly conclude that the Miranda rights have been waived.

Ramirez, 739 So.2d at 575 (quoting Moran v. Burbine, 475 U.S. 412, 421, 106 S.Ct. 1135, 89 L.Ed.2d 410 (1986)). "The `totality of the circumstances' to be considered in determining whether a waiver of Miranda warnings is valid based on the two-pronged approach of Moran may include factors that are also considered in determining whether the confession itself is voluntary." Id.

Further police-initiated questioning of a person in custody is not absolutely foreclosed if he or she invokes the right to remain silent but not the right to counsel. We implicitly recognized the distinction between assertion of the two rights in Traylor v. State, 596 So.2d 957, 966 (Fla.1992):

[I]f the suspect indicates in any manner that he or she does not want to be interrogated, interrogation must not begin or, if it has already begun, must immediately stop. If the suspect indicates in any manner that he or she wants the help of a lawyer, interrogation must not begin until a lawyer has been appointed and is present or, if it has already begun, must immediately stop until a lawyer is present. Once a suspect has requested the help of a lawyer, no state agent can reinitiate

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