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Thread: Ernest Charles Downs - Florida

  1. #1
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    Ernest Charles Downs - Florida




    Summary of Offense:

    Ernest Downs was involved in a murder-for-hire scheme and was paid $5,000 to kill Forrest Harris.

    Ron Garelick, a general life insurance agent and business associate of Forrest Harris, obtained a $400,000 insurance policy on Harris' life, naming as beneficiary a jointly-owned Garelick-Harris corporation. Garelick knew John Barfield as a business acquaintance and solicited his help in obtaining individuals to kill Harris for the insurance money. Garelick offered Barfield $125,000 from the insurance proceeds as compensation for arranging the murder. In April 1976, Barfield contacted Gerry Sapp and Huey Palmer, two of his former employees, and offered them $10,000 and $25,000, respectively, to kill Harris. They each testified that they refused this offer. In April 1977, Barfield approached Ernest Downs with an offer of $5,000 to kill Harris. Downs accepted the offer and enlisted the aid of Larry Johnson to carry out the murder. On April 23, 1977, Downs and Johnson lured Harris to a remote location with a fictitious drug deal. When Harris arrived, Downs shot Harris four times in the head with a .25 caliber automatic pistol. After Downs and Johnson dragged the body off into the bushes, Downs fired another shot into Harris’ chest to make sure he was dead.

    Downs was sentenced to death in Duval County on February 17, 1989.

    Co-defendant information:
    The contract killing was part of a conspiracy that involved four other men, who all had previously failed to kill Harris. Larry Johnson and Huey Palmer, in exchange for testimony, received complete immunity from prosecution or had their charges dropped. Gerry Sapp accepted a plea bargain and was sentenced to five years imprisonment. Ron Garelick died in a plane crash two days after Harris’ body was discovered. The originator of the murder conspiracy, John Barfield, was originally sentenced to death; however, his sentence was later reduced to life imprisonment.

  2. #2
    Administrator Heidi's Avatar
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    Factors Contributing to the Delay in Imposition of Sentence:

    The delay arises from Downs’ resentencing on 02/17/89, filing of multiple Habeas Petitions, and the 3.850 Motion that was pending from 11/30/92 – 03/13/97.

    Case Information:

    Downs filed a Direct Appeal with the Florida Supreme Court on 03/02/78, citing fifteen errors; however, the FSC chose to comment on only one error, finding the other alleged errors to be without merit. Downs alleged that he was denied an impartial jury, arguing that five jurors were improperly excused for cause because they indicated that they unable to vote for the death penalty, but were able to determine guilt. The FSC rejected this argument, and on 05/22/80, affirmed Downs’ conviction and sentence.

    Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/04/80 that was denied on 11/03/80.

    Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/24/80 that was denied without prejudice on 05/19/81 to allow Downs to file a 3.850 Motion with the trial court.

    Downs filed a 3.850 Motion with the circuit court on 06/21/82 that was denied on 08/12/83.

    Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/26/83, citing numerous issues, which the FSC found to be without merit, choosing only to comment on Downs’ claim of ineffective assistance of trial counsel. The FSC found that Downs’ claim of ineffective assistance of trial counsel was unfounded, and on 06/21/84, the FSC affirmed the trial court’s denial of the 3.850 Motion.

    Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 11/02/84, arguing ineffective assistance of appellate counsel. The FSC found that Downs failed to prove ineffective representation and prejudice to his case, and on 08/29/85, the court denied his Petition.

    Downs filed a Petition for Writ of Habeas Corpus and Stay of Execution with the Florida Supreme Court on 09/08/87, arguing that the trial court precluded the jury from considering all mitigating evidence, both statutory and non-statutory, which is contrary to the U.S. Supreme Court’s ruling in Hitchcock v. Dugger (1987). The FSC agreed with Downs’ argument and on 09/09/87, the court granted the Petition, stayed the execution, vacated the death sentence, and remanded the case to the trial court for a new sentencing proceeding.

    A resentencing jury recommended a death sentence by a vote of 8-4, and Downs was resentenced to death on 02/17/89.

    Downs filed a Direct Appeal, after resentencing, with the Florida Supreme Court on 03/29/89, citing the following errors: exclusion of testimony of Downs’ grandmother; admission of Johnson’s testimony; exclusion of mitigating circumstances from the jury’s consideration; quashing Downs’ subpoena to question the prosecutor in the original Direct Appeal about plea bargains given to the other conspirators; failure to instruct the jury regarding lingering doubt about Downs as the triggerman; giving the jury a non-statutory aggravating circumstance (future dangerousness); not requiring Downs’ presence in court when answering a question during jury deliberations; lack of discussion about mitigating circumstances in the sentencing order; and disproportionate punishment compared to the other conspirators. The FSC affirmed the conviction and sentence on 09/20/90.

    Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/26/91 that was denied on 10/07/91.

    Downs filed a 3.850 Motion with the trial court on 11/30/92 that was denied on 03/13/97.

    Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/12/97, raising fourteen points on appeal, but the FSC only chose to respond to Downs’ claims regarding public records requests, withheld exculpatory evidence, claims of ineffective assistance of counsel, and vague and invalid aggravating circumstances. On 05/20/99, the FSC affirmed the lower court’s denial of the 3.850 Motion.

    Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/18/00, alleging twelve claims of ineffective assistance of counsel. The FSC denied the Petition on 09/26/01.

    Downs filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 12/12/01. On 08/09/02, the USDC administratively closed the case until either FSC ruling on Bottoson/King or Downs’ Ring claims and ineffective assistance claims are decided. On 03/22/04, the case was reopened. On 10/25/04, the USDC dismissed the petition.

    Downs filed a 3.850 Motion with the circuit court on 05/30/03 that was denied on 11/18/03.

    Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/01/04 that is pending.

    On 12/27/04, Downs filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, and on 03/24/08 they vacated the lower courts judgment and remanded the case.

    Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/31/08 that was denied on 10/14/08.

    Downs filed a successive 3.850 Motion with the Circuit Court on 05/21/08. This motion is pending.

  3. #3
    Administrator Moh's Avatar
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    On November 1, 2012, the US Court of Appeals for the Eleventh Circuit DENIED Downs' habeas petition.

    http://www.supremecourt.gov/Search.a...les/12-955.htm

  4. #4
    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, Downs' petition for writ of certiorari was DENIED.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (12-14248-P)
    Decision Date: November 1, 2012
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #5
    Moderator Dave from Florida's Avatar
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    Downs is one of the longest serving death row inmates in Florida. Very few have been there longer than him.

  6. #6
    RockStar
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    I don't see a date so I'm assuming one isnt set. Considering he has been in prison almost as long as I have been alive, I'm thinking he'll die in a cell and not actually be executed.

  7. #7
    Moderator Dave from Florida's Avatar
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    Even though certiorari was recently denied, Downs would be a logical choice since he has been on DR since the 70's. But I don't think his case would meet Scott's MO for selection based on the previous warrants signed.

  8. #8
    Senior Member CnCP Legend JimKay's Avatar
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    Ernie came from a nice family. His younger brother Bobby Lee was convicted of murdering his wife. The jury recommended life but the judge overruled and gave him the DP. Bobby got the Florida Supremes to overturn the sentence, so he's doing 25-life + 5.

    Here's an article from the 90s about the Bros from Hell: http://www.maryellenmark.com/text/ma...S-000-001.html

  9. #9
    Weidmann1939
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    Quote Originally Posted by DaveP View Post
    Even though certiorari was recently denied, Downs would be a logical choice since he has been on DR since the 70's. But I don't think his case would meet Scott's MO for selection based on the previous warrants signed.

    My understanding is that one of the reasons some of these Old TImers on Death Row from the 70's and 80's are so hard to Execute is because every time the Legislature changes The Law. All of those already on Death Row are grandfathered in under the previous process and procedure.

  10. #10
    Moderator Dave from Florida's Avatar
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    Every case has its own reasons for taking so long. The main reason so many inmates from the 70's and 80's are still there is because of Hitchcock vs Dugger. SCOTUS opinion in that case sent numerous cases back to the trial court for resentencing. As you can see, Downs case was sent back for this. When that happens, the clock starts over again. Of course, all of us can speculate forever on how and why the inmates are selected for a warrant.

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