Masterson v. State, 68814

• Decision Date: 10 December 1987
• Docket Number: No. 68814,68814
• Citation: 12 Fla. L. Weekly 603,516 So.2d 256
• Parties: 12 Fla. L. Weekly 603 John Patrick MASTERSON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

Page 256

516 So.2d 256

12 Fla. L. Weekly 603

John Patrick MASTERSON, Appellant, v. STATE of Florida, Appellee.

No. 68814.

Supreme Court of Florida.

Dec. 10, 1987.

Harold Mendelow, Sp. Asst. Public Defender, Miami, for appellant.

Robert A. Butterworth, Atty. Gen. and Debora J. Turner, Asst. Atty. Gen., Miami, for appellee.

PER CURIAM.

This case is before us on direct appeal from the trial court's imposition of a death sentence after a jury recommendation of life imprisonment. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm Masterson's first-degree murder conviction but vacate the sentence of death and, instead, direct imposition of a sentence of life imprisonment without possibility of parole for twenty-five years in accordance with the jury's recommendation. We also affirm his convictions and sentences for second-degree murder and armed robbery.

At approximately 2:00 a.m. on June 27, 1982, Joseph Parisi (a/k/a "Miami Joe"), a drug dealer, and his girlfriend, Patricia Savino, were found dead in their apartment by Mr. Parisi's son who told police that between 9:00 and 9:30 p.m. on June 26, 1982, a tall blond man came to the apartment but left immediately, saying he would return later. A nightstand drawer, which the son stated usually contained drugs, was missing. There was no indication of forced entry and over $1600 was found in Mr. Parisi's wallet. During the crime scene investigation, the police found two bullets in the living room rug near Mr. Parisi's head. Two bullet holes were found in a pillow and one in a chair cushion. Powder burns indicated the pillow and cushion were used as muffling devices. A fingerprint taken from the telephone receiver in the bedroom was later identified as belonging to Masterson.

Three of Masterson's friends testified at trial that he admitted committing the murders. In very similar testimony, they revealed that when Masterson saw Ms. Savino in the bedroom, he made her roll over on the bed, put a pillow over her head, and shot her because he didn't want to leave any witnesses. He told one friend that an accomplice named Shelli had killed Mr. Parisi before the appellant shot Ms. Savino. He also admitted to one friend to have taken six Dilaudid pills from the nightstand drawer. Masterson told detectives that he had been to Parisi's apartment on the night in question to buy Dilaudids, as he had done in the past. However, he didn't have enough money to make the deal so he said he would return. Masterson claimed he had never been beyond the front door area of the apartment and had never been in the bedroom or used the telephone there. At trial, Masterson claimed he lied to his friends and to the detectives about his participation in the murders because he was afraid of Shelli.

At the penalty phase, Masterson presented evidence to suggest he was under the influence of alcohol and drugs on the night of the murders; that he began using narcotics while stationed in Viet Nam although he had used alcohol before that time; that after being wounded in combat he was honorably discharged and resumed his job as a plumbing apprentice; and that he began using Percodan and Dilaudid after relocating to Florida in 1981. Testimony was also presented that around the time of the murders Masterson was a heavy drinker, sometimes drinking up to a case of beer a day, as well as a drug abuser. The record also reflects that in the twenty-four hours preceding the murders Masterson drank between twelve and twenty-four beers, smoked marijuana, smoked and snorted cocaine, and injected some Dilaudid.

Two mental health professionals testified on behalf of Masterson in the penalty phase. Dr. Rappaport, a clinical psychologist, testified that Masterson suffered from delayed post-traumatic stress disorder brought on by his military service in Viet Nam, and was the most serious drug abuser in his experience. Masterson had been treated previously at a Veteran's Administration hospital because he began having nightmares and was increasing his alcohol and drug consumption in response. Masterson often slept in his living room on the couch, looking out the window constantly and keeping guard. The doctor concluded that appellant's judgment had probably been impaired on the night of the murders and that a violent response to a heated situation would be consistent with behavior under this disorder.

Dr. Merry Haber, also a clinical psychologist, testified similarly to Dr. Rappaport. She concluded that Appellant was using huge amounts of alcohol, cocaine, marijuana, and Dilaudid, was apparently intoxicated most of the time, and would act as a person suffering from mental impairment. Dr. Haber was also of the opinion that Masterson suffered from delayed post-traumatic stress disorder. She based her opinion on the symptoms Masterson described, including nightmares, and withdrawal from healthy social relationships. She testified "he was always watching, he was always looking with an eye in the back of his head and listening with an ear in the back of his head." She concluded that in addition to suffering from post traumatic stress disorder, Masterson was also psychologically impaired,...