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Thread: Daniel Owen Conahan, Jr. - Florida Death Row

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    Daniel Owen Conahan, Jr. - Florida Death Row










    Summary of Offense:

    Daniel Conahan was convicted and sentenced to death for the kidnapping and premeditated murder of Richard Montgomery. Richard Montgomery was last seen by his friends on April 16, 1996. Montgomery said that he was going out to make a few hundred dollars and would return shortly. When asked if whether this money-making activity was legal, Montgomery smirked and said nothing. In a previous conversation with his mother, Montgomery told her that someone offered him $200 to pose for nude pictures, but declined to tell her who made the offer. In the same conversation, Montgomery told her he met a new friend, Daniel Conahan, who was a nurse living in Punta Gorda. The next day, two Charlotte County Utility Engineers discovered a human skull in a wooded area off Highway 41.

    Police officers called to the scene discovered the nude body of Montgomery. His body displayed neck, wrist and waist trauma consistent with ligature or bondage marks. Also, Montgomery’s penis had been amputated postmortem. Crime scene investigators collected a rope, a carpet pad used to cover Montgomery’s body, a skull and torso (belonging to another individual), a gray coat and numerous combings. A K-9 dog, trained to detect human scent, was called to the scene and showed particular interest in a palm tree, which was flattened or otherwise damaged on one side. Autopsy reports concluded that Montgomery died as a result of strangulation and the ligature marks covering his body were consistent with being tied to a tree.

    Due to the unique modus operandi of this case, police reviewed a similar assault reported two years earlier. Stanley Burden reported that Daniel Conahan offered to pay him $100 to $150 to pose for nude bondage photographs. Burden agreed and Conahan drove the two of them to a wooded location. After taking several pictures, Conahan pulled out a rope and tied Burden to a tree. While restrained, Conahan performed oral sex on Burden and attempted to have anal sex with him. Burden resisted by positioning his back side up against the tree. Conahan placed the rope around Burden’s neck and unsuccessfully tried to strangle him for half an hour. Conahan asked Burden why he would not die and Conahan finally gave up. Burden freed himself and reported the incident to the police. The police located the crime scene and found a tree with markings that corroborated Burden’s injuries and story.

    At that time, police began an undercover investigation of Daniel Conahan. Following his arrest, Conahan was indicted for the kidnapping, sexual battery and murder of Montgomery. Conahan waived his right to a trial by jury. During the guilt phase, the State presented evidence that, on the day of Montgomery’s disappearance, Conahan’s credit card was used to buy rope, Polaroid Film, pliers and a knife.

    Conahan was sentenced to death in Charlotte County on December 19, 1999.

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    Case Information:

    Conahan filed a Direct Appeal in the Florida Supreme Court on 01/24/00. In that appeal, he argued that the trial court erred in denying his motion for acquittal because the State’s circumstantial evidence was legally insufficient. Conahan also claimed that the trial court erred in its consideration and application of aggravating circumstances. Lastly, Conahan contended that the prosecutor violated his right to a fair trial by making improper comments in his opening and closing remarks of the penalty phase. The Florida Supreme Court agreed that the prosecutor did improperly comment upon evidence at the penalty phase, but concluded that the error was harmless. As such, the Florida Supreme Court affirmed Conahan’s convictions and sentence on 01/16/03. The court issued a revised opinion on 04/24/03, again affirming the convictions and sentence of death.

    Conahan filed a Petition for Writ of Certiorari in the United States Supreme Court on 07/03/03, which was denied on 10/06/03.

    Conahan filed a 3.851 Motion with the Circuit Court on 10/01/04. That motion was denied on 01/31/11 Conahan filed a motion for rehearing on 02/18/11, which was denied on 03/01/11.

    Conahan filed a 3.851 Motion appeal in the circuit court on 03/30/11. That appeal is pending.

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    Senior Member CnCP Legend JLR's Avatar
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    Administrator Heidi's Avatar
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    DANIEL O. CONAHAN, JR. v STATE OF FLORIDA

    In today's opinions, the Florida Supreme Court AFFIRMED the circuit court's DENIAL of Conbahan's motion filed under Florida Rule of Criminal Procedure 3.851. The court also DENIED his petition for a writ of habeas corpus.
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  5. #5
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    On June 10, 2013, Conahan filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...v00428/285480/

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    Senior Member CnCP Legend JimKay's Avatar
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    This process was confusing to me. I found this http://www.capitalpunishmentincontex...appealsprocess

    It seems that, if C is denied in Federal District Court he may appeal to Federal Appeals Court, which can refuse to hear his appeal. That still leaves the SCOTUS, which also may refuse to hear the case. C's appeals have been going on more than 13 years (the state average time for pre-execution incarceration), and he's probably good for a few more years. Ballparking incarceration at $25,000 per year, it would be more efficient for the state to pay big bucks to a few sharp attorneys to do immediate post-conviction reviews. Based on their findings an appeal could be granted or denied. Something like this without the additional legal eyes is sitting on Gov. Scott's desk. He has until the end of June to sign it. My suspicion is that he'll let the deadline go by without signing, condemning the bill to death. Anti-DP newspapers are editorializing against signing, usually citing the erroneous and clearly refuted "24 exonerated death-row inmates" number. As noted in some editorials though, a large number of condemned prisoners have exhausted their appeals and are lacking only warrants to be executed.

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    Senior Member CnCP Legend Mike's Avatar
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    On October 19, 2018, the Florida Supreme Court denied his Hurst appeal.

    http://www.floridasupremecourt.org/d...8/sc18-303.pdf

  8. #8
    aclay
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    Where's this guy in his appeals?

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    Moderator Bobsicles's Avatar
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    Unidentified murder victim may be linked to Florida killer on death row

    CHARLOTTE COUNTY, Fla. (WFLA) – The Charlotte County Sheriff’s Office says its working to determine whether a body found 25 years ago is linked to the suspected serial killer in the “Hog Trail Murders.”

    With the help of new technology, the agency released an updated image of a man dubbed John Doe #1.

    On a cool morning in 1994, the body of John Doe was found in the woods behind an intersection in Charlotte County.

    The sheriff’s office said an autopsy determined the man was between 25-35 years of age. He also had a surgical rod in his ankle due to prior surgery. Investigators contacted all of the patients in the area who received similar pins and confirmed they were all alive and well. Then the case went cold.

    That was until 1996, when a dog found a skull in the neighboring city of North Port and more bodies were discovered nearby.

    In total, there were five bodies in three separate crime scenes. All of the victims were found in similar locations, naked with their genitals mutilated, leading detectives to believe one killer was responsible. They believed the killer had been targeting white males between the ages of 20-35, who were transient, authorities said.

    After identifying one of the victims, 21-year-old Richard Montgomery, detectives began developing new leads. Then they got a tip from an inmate who identified Daniel Conahan Jr. as the killer.

    The inmate said Conahan would go around asking men to go into the woods and pose nude for money. One day, he took him up on the offer and noticed various items in the back seat of Conahan’s vehicle, including a tarp, rope and knife. He was able to escape after their vehicle got stuck, the man recalled.

    According to detectives, another inmate came forward after an encounter with Conahan, in which he had to free himself from Conahan’s ties and escape.

    Detectives obtained a warrant to search Conahan’s home and vehicle. They said a paint chip found on Montgomery’s body matched the paint on Conahan’s car.

    Conahan was arrested and later sentenced to death in the murder of Richard Montgomery. He remains the prime suspect in two other murders, detectives said. Detective are working to determine whether he killed John Doe #1 as well, but first, they will need to know his identity.

    The man is described as a 25- to 45-year-old white or Hispanic man, between 5 feet, 5 inches and 5 feet, 9 inches, weighing 125 to 175 pounds.

    https://www.wfla.com/news/florida/un...-on-death-row/
    Last edited by Helen; 02-05-2020 at 10:28 PM. Reason: added heading, source and link at bottom of article

  10. #10
    Moderator Bobsicles's Avatar
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    Habeas relief and COA denied by the federal district court.

    https://law.justia.com/cases/federal...428/285480/92/
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