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Thread: Richard Eugene Hamilton - Florida

  1. #1
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    Richard Eugene Hamilton - Florida


    Carmen Gayheart




    Summary of Offense:

    Richard Hamilton and Anthony Wainwright escaped from a North Carolina prison, stole guns and a Cadillac, and traveled to Florida. When the car overheated on April 27, 1994 in Lake City, Florida, they kidnapped Carmen Gayheart at gunpoint from a Winn-Dixie parking lot and stole her Ford Bronco. The two raped, strangled, and shot Gayheart twice in the back of the head.

    Hamilton was sentenced to death in Hamilton County on June 12, 1995.

    Co-defendant information:
    Wainwright was also convicted of the charges and sentenced to death. For more on Wainwright, see: http://www.cncpunishment.com/forums/...ght=wainwright

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

    The Direct Appeal was pending from 07/10/95 to 02/09/98.

    Case Information:

    On 07/10/95, Hamilton filed a Direct Appeal with the Florida Supreme Court, citing the following nine errors: denying a mistrial, allowing the State to impeach its own witnesses, allowing the State to elicit testimony indicating Hamilton lied to the police, refusing to instruct the jury that Hamilton withdrew from the plan to commit murder, overruling defense objections to prosecutorial statements, admitting testimony concerning the victim’s children, admitting several statements obtained in violation of his right to cut off police questioning, admitting evidence which the State had failed to prove, giving unconstitutional jury instruction on an aggravating circumstance (CCP). The FSC affirmed the conviction and sentence of Hamilton on 10/23/97.

    On 04/07/98, Hamilton filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 06/26/98.

    On 11/08/99, Hamilton filed a 3.850 Motion with the Circuit Court and amended the Motion on 06/30/00. The Motion was denied on 05/29/02.

    On 06/28/02, Hamilton filed a 3.850 Motion Appeal with the Florida Supreme Court, alleging ineffective assistance of counsel. On 06/03/04, the FSC affirmed the denial of the 3.850 Motion.

    On 11/12/02, Hamilton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court. On 11/27/02, he amended the Petition, alleging ineffective assistance of counsel and Ring issues. On 06/03/04, the FSC denied the Petition.

    On 08/26/05, Hamilton filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District that was amended on 06/20/07. This petition was denied on 07/07/08.

    On 10/06/08, Hamilton filed a Habeas Appeal with the United States Court of Appeals, 11th Circuit. This appeal was denied on 12/15/10.

    In Monday's (10/03/11) United States Supreme Court orders Hamilton's petition for a writ of certiorari and motion for leave to proceed in forma pauperis DENIED.

  3. #3
    Administrator Heidi's Avatar
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    Grief-stricken family still waiting for daughter's killers to be executed 20 years later

    In Florida, the government exacts vengeance for the worst crimes with the ultimate punishment: the death sentence.

    "That's all I want. Horrible, maybe, to some people, but again, you haven't walked in my shoes," said Maria Tortora. "Until your loved one is kidnapped, raped and murdered, you don't know how you're going to feel. You just don't."

    Tortora and her mother Joanne have been waiting 20 years for her little sister Carmen's killer to be executed.

    "She was the sweetest girl on the face of the earth, really, and she didn't deserve what she got," Maria Tortora said.

    In 1994, 23-year-old Carmen Gayheart was a Fort Lauderdale nursing student, wife and mother. She and her husband moved to Lake City, Fla., in search of a safer, quieter life.

    On April 27 of that year, as Gayheart was on her way to pick up her children from daycare, two escaped convicts from North Carolina spied her in a Winn-Dixie parking lot.

    "And they, at gunpoint, forced her into her vehicle and no one ever saw her again," Tortora said.

    The search for Gayheart made news across the state. For days, her family and friends feared the worst, and then an off-duty state trooper found Anthony Wainwright and Richard Hamilton in Gayheart's stolen car. There was a shoot-out and both convicts were injured and arrested. They ultimately confessed to kidnapping, raping and killing Gayheart, and led police to her body.

    "They left her in the woods, with her groceries. Like garbage. They didn't care," Tortora said.

    Not only did the killers lack remorse, they bragged in jail about the crime, and taunted the grieving family in court.

    "He's blowing kisses across the room at myself and my brother-in-law, Carmen's husband," said Tortora, speaking of Hamilton.

    The trial was agonizing, but in the end the two juries, one for each defendent, agreed Wainwright and Hamilton were guilty, and the pair was sentenced to death.

    "We were elated when we got the death penalty," Tortora said. "Sad for Carmen, it won't bring her back, it will never bring her back, but at least we'll have justice for her."

    But the wait for justice has dragged on for 20 years. Tortora's father Richard died last year.

    "He didn't live to see justice," Tortora said.

    Wainwright and Hamilton have filed reams of appeals. Their cases have gone all the way to the United States Supreme Court, and have been denied.

    Tortora has written Gov. Rick Scott, asking he sign the death warrants.

    "Once the appeals are exhausted and you're at the end of the line with all of that paperwork, what is the holdup?" she asked. "Why are we sitting. Why are we waiting? What is the reason for that?"

    Answered attorney Gregg Lerman: "They want to make sure if this person is going to suffer the ultimate sanction it is truly the appropriate sentence."

    Lerman has defended more than a dozen death-penalty cases.

    He said the years of appeals and reviews are to make sure innocents are not put to death, and the guilty actually deserve it.

    "Death is forever," he said. "I mean, they're suffering by having the death penalty hang over their heads. Does that make the victim's family feel any better? That the person is basically put to sleep, like a dog?"

    Gayheart's mother, Joanne Tortora, said it might.

    "I have friends who say 'Oh, you can't move on with your life until you forgive them,' and it's just not going to happen," she said. "I can't find it in my heart. I feel it's a betrayal to my daughter. No, they deserve everything they get and more."

    "That's all it's about -- is vengeance and retribution," Lerman said.

    Vengeance, Punishment, Or Justice?

    Gayheart's family says the law calls for execution, and that's what they deserve.

    "Justice isn't served until both of them take their last breath," Maria Tortora said. "They didn't give Carmen 20 seconds. They've had 20 years. It's not fair, it's not right."

    The Florida Parole Commission won't release any information on the status of the killers' cases, citing confidentiality laws.

    Scott's deputy press secretary, John Tupps, responded to WPBF 25 News with a statement:

    "Signing death warrants is one of the governor's most solemn duties. His foremost concerns are consideration for the families of the victims and the finality of judgements."

    There are currently 396 Florida prisoners on death row, awaiting execution

    http://www.wpbf.com/news/griefstrick...#ixzz31bE8aoyV
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  4. #4
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    Hamilton v. Secretary, FL DOC

    Court: Eleventh Circuit Court of Appeals

    Opinion Date: July 15, 2015

    Petitioner, a death row inmate, filed a motion for a certificate of appealability (COA), arguing that jurists of reason could debate whether the district court properly denied the motions he filed under Rules 60(b) and 59(e) of the Federal Rules of Civil Procedure. Petitioner contended that, based on intervening decisions by the Supreme Court and this court, petitioner should be able to revive the ineffective-assistance-of-counsel claim that he procedurally defaulted in his state post-conviction proceedings. The court rejected petitioner's arguments that no COA is required and concluded that petitioner has not made the required showing for an issuance of a COA on any of petitioner's issues. The court concluded that Martinez v. Ryan did not permit him to raise his procedurally defaulted ineffective-assistance claims where Arthur v. Thomas foreclosed such an argument. Because any relief for petitioner is ultimately predicated on his ability to raise his admittedly defaulted ineffective-assistance claims, and Arthur squarely forecloses that possibility, his allegations cannot entitle him to relief. So the correctness of the denial of an evidentiary hearing is not debatable among reasonable jurists. Finally, the denial of that Rule 59(e) motion is not debatable among reasonable jurists. Accordingly, the court denied the application for a COA.
    An uninformed opponent is a dangerous opponent.

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

  5. #5
    Administrator Moh's Avatar
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    On August 27, 2015, the US Court of Appeals for the Eleventh Circuit DENIED Hamilton's petition for en banc rehearing.

    http://www.supremecourt.gov/search.a...es/15-7988.htm

  6. #6
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Hamilton's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (14-13535)
    Decision Date: July 15, 2015
    Rehearing Denied: August 27, 2015

    http://www.supremecourt.gov/search.a...es/15-7988.htm

  7. #7
    Senior Member CnCP Legend Mike's Avatar
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    Today the Florida Supreme Court denied his Hurst appeal and a different motion.

    http://www.floridasupremecourt.org/d...18/sc17-42.pdf

  8. #8
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED Hamilton's certiorari petition.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC17-42)
    Decision Date: February 8, 2018

    https://www.supremecourt.gov/search....c/18-5037.html

  9. #9
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    Thank you for the adventure - Axol

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  10. #10
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    Should have been executed at least 25 years ago.

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