Pasha v. State, SC13–1551

Citation225 So.3d 688
Decision Date11 May 2017
Docket NumberNo. SC13–1551,SC13–1551
CourtUnited States State Supreme Court of Florida
Parties Khalid Ali PASHA, Appellant, v. STATE of Florida, Appellee.

Howard L. "Rex" Dimmig, II, Public Defender, and Karen M. Kinney, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Appellant

Pamela Jo Bondi, Attorney General, Tallahassee, Florida; and Scott A. Browne, Senior Assistant Attorney General, Tampa, Florida, for Appellee

PER CURIAM.

This case is before the Court on direct appeal, following a retrial, from a judgment of conviction of two counts of first-degree murder and two sentences of death for the slaying of Robin Canady and Reneesha Singleton.1 We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we affirm Khalid Ali Pasha's convictions but vacate the death sentences and remand for a new penalty phase based on the United States Supreme Court's opinion in Hurst v. Florida (Hurst v. Florida ), –––U.S. ––––, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and this Court's opinion on remand in Hurst v. State (Hurst ), 202 So.3d 40 (Fla. 2016), petition for cert. filed, No. 16–998 (U.S. Feb. 13, 2017).

FACTS AND PROCEDURAL HISTORY

At approximately 10 p.m. on August 23, 2002, Robin Canady drove to the Woodland Corporate Center ("WCC") in her white Buick to pick up Reneesha Singleton, her daughter, from a training class. Earlier that day, Canady had discussed with Pasha, her husband, Canady's plan to pick up Singleton. That same evening, Pasha drove to the WCC in his white work van after visiting his ex-wife. Upon arriving at the WCC, Pasha put on a white jumpsuit and white boots. He then walked to Canady's vehicle, sat in the backseat while Canady remained in the driver's seat, and awaited Singleton's arrival. Pasha was still sitting in the backseat of Canady's vehicle when Singleton entered it.

At approximately 11:15 p.m. on that day, Jose Sanchez observed Pasha walking through the WCC wearing a white jumpsuit and white boots, covered in blood, and carrying a shiny object. Mr. Sanchez called his wife Gigi and told her to remain where she was until he came to get her. After Mr. Sanchez picked up Mrs. Sanchez in their red pickup truck, Mrs. Sanchez called 911 and provided information to the 911 dispatcher. While Mrs. Sanchez remained on the phone with the 911 dispatcher, the Sanchezes observed Pasha run into a wooded area near a parking lot wearing the white jumpsuit and white boots, covered in blood, and carrying a shiny object. When Pasha emerged from the wooded area, the Sanchezes observed him wearing tan pants and a white t-shirt. The Sanchezes then observed Pasha leaving the WCC in his white work van. The Sanchezes followed Pasha and continued to provide detailed information to the 911 dispatcher including the license plate number of Pasha's vehicle.

Deputy Stahlschmidt and Deputy Mason responded to the dispatch that resulted from Mrs. Sanchez's 911 call. Upon nearing the WCC, the deputies observed Pasha's white van stopped at a red light followed by the Sanchezes' red pickup truck. The deputies observed the Sanchezes flashing their lights, motioning toward Pasha's van, and yelling. After making a U–turn, the deputies pulled directly behind Pasha's van and approached it on foot. Deputy Stahlschmidt approached the driver's side of the van and observed that Pasha appeared nervous, was sweating profusely, was gripping the wheel tightly, and had blood on his white t-shirt. Deputy Mason approached the passenger's side of the van, observed a white, bloody jumpsuit and white boots through the rear window of the van, and gave a danger signal to Deputy Stahlschmidt. Deputy Stahlschmidt asked Pasha to exit the van and noticed that Pasha was wearing dress pants and a white t-shirt without shoes. When Deputy Mason asked Pasha if he was injured, Pasha claimed that the blood came from a rabbit. Deputy Mason immediately advised Pasha of his Miranda 2 rights.

After the stop, the Sanchezes led the deputies into the WCC and identified the area where they had seen Pasha. During this trip, Deputy Stahlschmidt entered a cul-de-sac where he observed blood and a pair of shoes in the middle of the street. After exiting the patrol car, Deputy Stahlschmidt found Canady's vehicle covered in blood and crashed into a wall. He then observed a bloody fire hydrant and bloody drag marks going into a nearby wooded area. After walking approximately fifteen feet into the wooded area, Deputy Stahlschmidt found the bodies of Canady and Singleton, both of which showed significant signs of trauma. While neither victim had a pulse, both bodies were warm.

Soon thereafter, Crime Scene Technician Egan began processing the crime scene. Egan found blood smears consistent with having been made by hands on both the trunk and passenger's side roof of Canady's vehicle. Inside the vehicle, Egan found blood on numerous surfaces including the front seats, the console, the armrest, and the passenger's front door. Egan also observed blood spatter on the dashboard and windshield.

During a search of Pasha's van after a warrant had been obtained, Pasha's white, bloody jumpsuit and white boots were seized. Inside one of the boots was a bloody, broken, 18? to 20? bat made of wood with a metal rod running through it known as a "tire thumper." In the other boot, a bloody butcher knife and latex gloves were found. During a search of Canady's vehicle, Crime Scene Analyst Lynn Ernst observed that the front seat was soaked with blood, multiple surfaces were spattered with blood, the rear seat contained little to no blood, and cuts in the headliner of the vehicle were made by a sharp object. Ernst concluded that this evidence was consistent with the perpetrator having sat in the back of the vehicle. Additionally, Ernst compared photographs of footwear impressions from the cul-de-sac to boots recovered from Pasha's van, and concluded that the impressions in the cul-de-sac were consistent with having been made by the boots found in Pasha's van.

Patricia Bencivenga, a DNA analyst, found evidence of blood on the knife and rubber gloves found in one of Pasha's boots, the tire thumper found in Pasha's other boot, and swabs taken by crime scene personnel. Bencivenga also found evidence of blood on Pasha's white boots, white jumpsuit, white t-shirt, and tan pants. Bencivenga matched Canady's DNA to the blood found on the tire thumper, Pasha's right boot, and Pasha's white t-shirt. Bencivenga matched Singleton's DNA to the blood on the knife, Pasha's pants, and a swab of Pasha's face. Bencivenga matched the DNA of both Canady and Singleton to the blood on Pasha's jumpsuit.

Dr. Volnikh, a medical examiner, visited and examined the crime scene. At the scene, she observed blood spatter consistent with arterial spray on the interior of Canady's vehicle consistent with the fact that both victims had severed carotid arteries. Dr. Volnikh also observed blood smears on the ground and abrasions on the backs

of both victims consistent with the bodies having been dragged by the feet across pavement and into a grassy area. Thereafter, Dr. Volnikh performed the autopsies of Canady and Singleton. Both victims suffered numerous incised wounds, blunt force trauma to the head, and defensive wounds. The cause of death for Canady was determined to be an incised wound to the neck that severed her carotid artery and jugular veins. The cause of death for Singleton was determined to be a sharp force injury to the neck and an incised wound to the neck that severed her carotid artery and jugular veins. According to Dr. Volnikh, the knife found in Pasha's van was consistent with having caused the stabbing and slicing injuries of the victims and the tire thumper found in Pasha's van was consistent with having caused the blunt force trauma injuries of the victims. Dr. Volnikh concluded that the victims were alive when the injuries were inflicted.

Pasha represented himself and testified at trial. Pasha testified that on August 23, 2002, he visited his ex-wife to drop off an alimony check and then proceeded to drive home. According to Pasha, Canady called him and convinced him to come to the WCC to help her find a lost ring. Pasha claimed that when he arrived at the WCC, he met Canady in a parking lot to the west of a nearby cul-de-sac. Pasha claimed that Canady told him she had not lost a ring, needed him to act as a lookout while she did something to get money to support her family, and asked him to put on the white jumpsuit and boots because his clothes and shoes were expensive. Pasha testified that Canady told him to wait in the parking lot until she came back to get him or signaled him for help with her vehicle's lights or horn.

Pasha testified that, after waiting in the parking lot for approximately fifteen to twenty minutes, he walked to the nearby cul-de-sac and found the bodies of Canady and Singleton. According to Pasha, after holding both bodies, he ran around the WCC looking for someone, picked up a tire thumper, and returned to his van. Pasha stated that he saw a group of people sitting at a table and observed a truck following him as he walked towards his van. Pasha testified that he went between some buildings, took off his jumpsuit, walked to his van, and placed the jumpsuit, tire thumper, and boots in the back of the van. Pasha explained that he wrapped the tire thumper in his white jumpsuit, placed both items in his white boots, and began to drive away from the WCC without putting on his shirt or shoes. Soon thereafter, Pasha was stopped by the police at a nearby stoplight.

On cross-examination, Pasha acknowledged that after arriving at the WCC, he approached Canady's vehicle in a white jumpsuit and sat in the backseat of the vehicle behind Canady. Pasha admitted that he was still sitting in Canady's vehicle when Singleton arrived. Although Pasha claimed that he did not observe a knife at the crime scene, he testified that he had previously taken the same knife found at the crime scene...

To continue reading

Request your trial
11 cases
  • Davis v. State, 1D17-0165
    • United States
    • Court of Appeal of Florida (US)
    • April 25, 2019
    ...on the exercise of a constitutional right, and not every pressure or encouragement to waive such a right, is invalid." Pasha v. State , 225 So.3d 688, 702 (Fla. 2017) (quoting Corbitt , 439 U.S. at 218, 99 S.Ct. 492 ). Moreover, Holton was a death case, and it applied its broad language in ......
  • Prince v. Sec'y, Fla. Dep't of Corr.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • January 29, 2021
    ...would not be considered an alibi witness because Gavin's proposed testimony placed Prince at the scene of the crime. See Pasha v. State, 225 So. 3d 688, 710 (Fla. 2017) (quoting Blackwell v. State, 86 So. 224, 227 (1920)) ("'The defense known in law as an 'alibi' is that, at the time of the......
  • Law Offices of Herssein & Herssein, P.A. v. United Servs. Auto. Ass'n
    • United States
    • United States State Supreme Court of Florida
    • November 15, 2018
    ...directed shall determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged." Pasha v. State , 225 So.3d 688, 703 (Fla. 2017) (quoting Fla. R. Jud. Admin. 2.330(f) ). "The disqualification [statute and] rules are designed to keep the courts free fr......
  • Baker v. Dixon
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • August 30, 2022
    ...... generally id. . . .          On. April 13, 2012, the State filed a new Information in Case No. 12-5496CF10A, which superseded the original Information ... defendant's location at the specific time an. incriminating event occurred. See Pasha v. State ,. 225 So.3d 688, 710-11 (Fla. 2017) (explaining that, under. Florida law, ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT