Green v. State, 71540
| Decision Date | 06 June 1991 |
| Docket Number | No. 71540,71540 |
| Citation | 583 So.2d 647 |
| Parties | Alphonso GREEN, Appellant, v. STATE of Florida, Appellee. 583 So.2d 647, 16 Fla. L. Week. S437 |
| Court | Florida Supreme Court |
Robert Fraser of Sawyer and Pilka, P.A., Tampa, for appellant.
Robert A. Butterworth, Atty. Gen., and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.
Alphonso Green appeals his convictions for two counts of first-degree murder and the sentences of death imposed for both counts by the trial court in accordance with the jury's recommendation. We have jurisdiction. Art. V, Sec. 3(b)(1), Fla.Const. For the reasons expressed, we affirm the convictions and the death sentences.
The relevant facts are as follows. Alphonso Green lived in a rented duplex apartment with his girlfriend, Cassandra Jones, in Hillsborough County. They rented this apartment from Robert and Dora Nichols. On October 1, 1986, the sheriff posted an eviction notice on Green's apartment. There was a subsequent agreement between Green and the Nicholses that the $250 in back rent would be due on October 10, 1986, or the couple would have to vacate. On the evening of October 10, 1986, Green and Ms. Jones went to the Nicholses' home and paid the $250.
Douglas Atkins lived in an apartment adjacent to the Nicholses' home. On the night of October 10, he heard a knock on his window, followed by a loud knocking on the Nicholses' door. Atkins observed a black man, wearing no shoes or shirt. Neither he nor his girlfriend could identify the individual. Atkins went to the nearby home of another neighbor and armed himself. Upon returning, he heard drawers opening and closing in the Nicholses' home. Atkins left again to get the neighbor and, accompanied by the neighbor, went to the Nicholses' home. This time, the home was quiet and the lights were off. They entered and saw Mrs. Nichols lying dead on the floor.
The investigating officer, Detective Noblitt, arrived at the Nicholses' home after midnight on October 11, 1986. His testimony reflects that he discovered Mrs. Nichols lying inside the house near the front foyer; that she had been stabbed fourteen times; that Mr. Nichols was lying in the bedroom with bed covers stuffed into his mouth; that he had twenty-eight stab wounds; that he observed blood smears throughout the house and outside on the entrance railing, doors, handles, and gate; and that he found a green work shirt lying on the bedroom floor, which Green later identified as his own. The detective testified that he had been advised that a knife was missing from Green's kitchen. He went to Green's and Jones' residence and obtained from Jones a signed consent form to search the premises. As a result of this search, the police discovered several knives, including a butcher knife with a broken handle.
The testimony established that Green traveled to St. Petersburg and then to Ft. Lauderdale where he surrendered to the police. On October 20, Detective Noblitt and Sergeant Price arrived at the Ft. Lauderdale Police Department with a warrant for Green's arrest. The officers read Green his Miranda 1 rights, and Green signed a consent form. The officers testified that Green described the events of October 10, 1986. According to Detective Noblitt, Green stated that, after paying the Nicholses the $250, Green had a series of encounters with acquaintances during which he smoked cocaine; that afterwards he and a man named Bobby decided to retrieve the $250 check from the Nicholses' home to buy additional cocaine; that Green and Bobby walked to the alley behind Green's apartment; that Green pushed in his back door and Ms. Jones, who was inside, yelled at him; that they next went to the Nicholses' residence; that Green and Bobby knocked on the Nicholses' door and Mr. Nichols allowed them inside; that Green asked for his check and Mrs. Nichols refused; that Bobby then pulled out a large butcher knife and started stabbing Mrs. Nichols; that Mr. Nichols ran to the bedroom; and that Green and Bobby then left the home.
Detective Noblitt testified that he challenged Green's account and explained to Green that his investigation indicated that only one person had committed the crimes. Noblitt stated that Green again said that Bobby did it. Finally, Green admitted that there was no Bobby, that he was by himself, and that he could not believe what he had done. In his final confession, Noblitt stated that Green admitted that he came home, put on a clean work shirt, and took the largest butcher knife from the house; that he went to the Nicholses' home and was admitted by Mr. Nichols; that Mrs. Nichols was adamant about keeping Green's check; that the next thing he knew was that Mrs. Nichols was on the floor, stabbed and bleeding; that he followed Mr. Nichols to the back bedroom; that the next thing he knew was that Mr. Nichols was on the floor stabbed, bleeding and moaning; that he stuffed the blanket into Mr. Nichols' mouth; that he wiped the blood from his hands onto his shirt, which he stuck into his back pocket; that, as he started to leave, he saw a white neighbor, who also rented from the Nicholses; that he jumped over several fences and returned to his apartment, changed clothes, and walked to the Boston Bar; and that, later that night, he hitched a ride to St. Petersburg and then to Ft. Lauderdale, where he stayed one night before turning himself in to the police department. As part of this statement, Green explained that a scar on the palm of his right hand was the result of a rivet on the butcher knife which cut him when he grabbed the knife and thrust it. He also stated that he had put the knife back in his apartment.
At trial, Green testified on his own behalf and denied having committed the murders or having confessed to the detectives. He claimed instead that Bobby either punched or stabbed Mr. Nichols when he opened the door and that he was intoxicated by cocaine. He maintained that the detectives fabricated his confession.
During the jury-selection process, the state challenged three black jurors peremptorily over defense objections. In response to the second objection, the trial judge concluded that there was a sufficient showing for Neil 2 purposes and required the state to give reasons for its peremptory challenges.
The record reflects that juror No. 14, the first black juror challenged peremptorily by the state, stated during voir dire that he knew Green and his mother and other witnesses and that he would be very uncomfortable in serving. The trial court found that this was a justifiable reason and Green concedes that this was a proper peremptory challenge.
Juror No. 18, the second black juror challenged peremptorily, expressed concern during voir dire about the death penalty and did not believe that it had a deterrent effect. The colloquy that formed the reason for the state's peremptory challenge was as follows:
Q What kind of views do you have on the death penalty?
A I can see both sides of it.... But it certainly hasn't deterred people from committing terrible crimes....
....
There is no deterrent by it....
Q What are your personal views; you can't decide?
A I just don't know....
....
Q Do you think you could under the appropriate circumstances recommend to Judge Menendez that a person be given the death penalty?
A It would have to be something terrible. Somebody would have had to have done something very bad.
Q Well, what if the ... factors don't read like that, and I don't mean to tease you, but they don't read "terrible," you know, "real bad." They read "cruel or"--
A The person would have had to have known what he was doing. If he was insane or something or if he was crazy, I couldn't do it then.
Q But could you apply those factors that the Judge gave you in reaching your decision?
A Yeah.
Q Would you agree to do that?
A Yes.
Q Do you understand that if you are selected and take the oath, that you have to do that?
A I wouldn't have any choice, sure.
The trial judge found that, although juror No. 18's comments about the death penalty did not amount to grounds to excuse her for cause, her statements did constitute a valid reason for a peremptory challenge by the state.
The third black juror challenged peremptorily, juror No. 23, stated that she knew two witnesses listed by the defense. The trial judge concluded in this instance that the reason given by the state was not appropriate for a challenge for cause, but found that the juror's acquaintance with the defense witness was an appropriate reason for permitting a peremptory challenge.
At the conclusion of the trial, the jury found Green guilty of both counts of first-degree murder. The only additional evidence presented, at the penalty phase, consisted of testimony from a prosecutor who had prosecuted Green in 1974 for attempted rape, a charge to which Green pleaded nolo contendere and for which he was adjudicated guilty by the court. After deliberations, the jury unanimously recommended the imposition of the death penalty.
The trial judge followed the jury's recommendation and, in imposing the death sentence, found the following aggravating circumstances: (1) that the defendant had previously been convicted of another capital felony involving the use or threat of violence to a person; 3 (2) that the capital felony was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit, a robbery or burglary; 4 (3) that the capital felony was committed for the purpose of avoiding or preventing a lawful arrest; 5 (4) that the capital felony was committed for pecuniary gain; 6 (5) that the capital felony was especially heinous, atrocious, or cruel; 7 and (6) that the capital felony was a homicide committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification. 8 After finding no mitigating circumstances, the trial judge concluded:
There is...
To continue reading
Request your trial
-
Files v. State
...race-neutral and non-pretextual. See also Hernandez v. New York, --- U.S. ----, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991), and Green v. State, 583 So.2d 647 (Fla.1991). While we affirm the convictions appealed from, we note that the Florida Supreme Court has not yet clearly defined the standar......
-
Middleton v. State
...elimination of the witness" in order to prove this aggravator. Davis v. State , 604 So.2d 794, 798 (Fla. 1992) ; see also Green v. State , 583 So.2d 647 (Fla. 1991) ; Perry v. State , 522 So.2d 817 (Fla. 1988). The trial court's order on this issue lists eight facts that support this aggrav......
-
Powell v. State
...(defendant convicted of first-degree murder, armed robbery, and armed burglary arising out of a single transaction); Green v. State, 583 So.2d 647, 652 (Fla.1991) (where aggravating circumstances that murder was committed during the commission of a robbery or burglary and was committed for ......
-
Betancourt v. State, 94-1095
...(upholding challenge to exclude black female juror because she was divorced, had five children and was unemployed); Green v. State, 583 So.2d 647 (Fla.1991) (upholding challenge of black juror based on concerns about death penalty and knowledge of a witness), cert. denied, 502 U.S. 1102, 11......