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  1. #1

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    Jermaine LeBron - Florida Death Row


    Larry Neal Oliver




    Summary of Offense:

    On February 25, 1998, Jermaine “Bugsy” LeBron was convicted of armed robbery and first-degree murder. He received a life sentence for armed robbery and a death sentence for first-degree murder. According to eyewitness testimony, Larry Neal Oliver was lured to a house in Osceola County, called the "Gardenia House,” where LeBron and several others lived. LeBron offered to sell Oliver some “spinners” (accessories that are added onto the wheels of a truck) for his truck. Shortly after Oliver arrived at the house, LeBron called him toward the bedrooms located in the back of the house. As Oliver was entering the hallway leading to the bedrooms, LeBron forced him to lie on the ground face-down and shot him at close range at the back of the head with a sawed-off shotgun, which he called “Betsy.” After the victim was shot, LeBron was smiling and laughing, yelling, “I did it, I did it!” describing how it felt to kill the victim, and what the victim looked like afterward. Money, checks, and a credit card were taken from the victim, and stereo equipment was stripped from his truck. LeBron directed the others who were present, to burn the victim’s identification papers, dispose of Oliver’s body, and clean the area where he had been shot.

    Over the next several days, LeBron and the others used Oliver’s credit card, pawned his stereo equipment, and cashed his checks. An attempt was made to burn the truck. LeBron admitted to his former girlfriend that he had shot and killed someone. Shortly afterwards, LeBron admitted to his then girlfriend, Christina Charbonier, that he had killed a man for his truck. LeBron then left for New York City to go to a place called Legz Diamond, a topless bar owned by his mother.

    Oliver’s body was discovered in a rural area near Disney World. The body was visible on the road to Disney World, although it was covered with a blanket and some tree shrubs. According to the medical examiner, Dr. Julia Martin, the trauma to the head, which incorporated the left portion of the lip, was consistent with the gunshot wound or other type of trauma, with no evidence of any abrasion around it. The entrance of the gunshot wound was to the lower back of the head, on the right side and slightly to the right of the midline. There was a laceration of the scalp consistent with a shot at close range. There were no bruises on the hands consistent with defensive wounds. Martin concluded that Oliver’s cause of death was from the gunshot wound to the head. The others having knowledge of the event reported the murder to the police. The witnesses claimed they followed LeBron’s directions throughout the event because he had threatened them, which made them believe that LeBron might kill them the way he killed Oliver.

    Of those who came forward to report the incident, twin brothers, Joe and Mark Tocci, did not tell the complete truth concerning the extent to which members of the group had been involved in the murder. After investigators questioned each individual separately, all of the witnesses except the Tocci brothers gave consistent statements and details, which police were able to verify with evidence. A crime-scene investigation was conducted by the Osceola County Sheriff’s Department at the Gardenia house. A very strong stench of dried blood was immediately detected upon entering the residence. Investigators discovered several drops of what appeared to be dried blood in a big area where the southeast bedroom was located. They also discovered what appeared to be blood with an unknown substance on top of it. The search also uncovered shotguns and pellets, which were found in the other bedrooms. After eyewitness reports were made, LeBron, who was accompanied by Stacie Kirk and Howard Kendall (who was involved in burning Oliver’s truck), were apprehended in a car parked on a street outside of Legz Diamond (in New York) and arrested on December 5, 1995. A search of their vehicle uncovered Oliver’s belongings, including an identification card attached to a planner with the name, “Larry N. Oliver.” Police began questioning LeBron at around 3:15 a.m. on December 6, 1995. The questioning was recorded on a cassette and later played before a jury as evidence received.

    During questioning, LeBron claimed he was at a former girlfriend’s house the night of the murder and repeatedly denied ever knowing Oliver. LeBron stated, however, that it might have been possible he met Oliver that night, but he did not remember the meeting. When asked if he noticed any blood spots or strange odors at the Gardenia house, LeBron claimed the house always had a foul smell. During trial, eyewitnesses testified that LeBron directed the events before and after the murder of Oliver. According to LeBron’s now former girlfriend, Charbonier, she had been receiving numerous letters written by LeBron, which declared he loved her and addressed her as his fiancée. In the letters, LeBron allegedly referred to her testifying as an alibi witness for him, although she had testified as the State’s witness.

    LeBron was resentenced to death for a third time in Osceola County on December 28, 2005.

    Co-defendant information:
    Howard Kendall (DC# X03585)
    Kendall was convicted of armed robbery and kidnapping (CC# 95-2379), and arson (CC# 95-2437).
    He was sentenced to 11 years for each offense. These offenses were unrelated to the case.
    Stacie Kirk (DC# X04005)
    Kirk was charged with first-degree murder in an unrelated case and armed robbery (CC# 95-2554). She entered into a plea agreement with the State for a sentence of 42 months prison and two years probation in exchange for her testimony against LeBron.
    Joe Tocci
    Joe Tocci was not arrested for anything related directly to the murder, aside from hiding evidence related to the murder. He received a sentence of two years house arrest followed by eight years probation.
    Mark Tocci (DC# 165597)
    Mark Tocci was convicted of first-degree murder as an accessory and was sentenced to three years. Tocci was tried separately for his offense (CC# 95-2350).

  2. #2
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    Related

    Man who burned red truck to cover murder sentenced to jail

    A man who tried to burn the customized red truck that belonged to murder victim Larry Neal Oliver today was sentenced to six months in the Osceola County Jail for violating his probation.

    Howard "Cue Ball" Kendall, 36, has paid back only about $100 of the $3,000 in restitution that he owes Oliver's parents, Rebecca and Larry Neal Oliver Sr., court records show. He also was arrested in Tennessee, where he now lives, on charges unrelated to the Oliver case.

    He admitted to the probation violations.

    Kendall will receive credit for 93 days he already has served, Osceola Circuit Judge Scott Polodna ruled.

    The Olivers drove to Kissimmee from South Carolina, where they moved after their son's murder, to attend the hearing. The family formerly lived in Belle Isle.
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    "It takes a little bit out of you every time you do it," Becky Oliver said. "But I'm stronger. And I feel like since I'm here, I keep fighting for justice for my child."

    Kendall was sentenced in 1996 to six years in prison and five years of probation for burning the pickup and kidnapping and robbing a limousine driver on Dec. 1, 1995. His probation is scheduled to end in April 2012.

    Jermaine "Bugsy" LeBron, 36, whose case is on appeal, is on death row for Oliver's November 2005 shotgun slaying. He also put the shotgun to the limo driver's head and said, "Tell the Lord Bugsy says hi," court documents show.

    Six other young adults were sentenced to prison or probation in Oliver's killing and have served their time. All of those who were ordered to pay restitution, other than Kendall, have done so.

    http://www.orlandosentinel.com/news/...,6222291.story

  3. #3
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    Factors Contributing to the Delay in Imposition of Sentence:

    LeBron’s sentence was vacated twice on direct appeal and remanded for resentencing. The appeal of his death resentence to the Florida Supreme Court was pending for over two years.

    Case Information:

    LeBron filed a Direct Appeal to the Florida Supreme Court on 09/18/98. On Direct Appeal, LeBron raised seven issues. First, he claimed double jeopardy barred his retrial. Second, LeBron claimed the trial court erred in denying his motion to continue the retrial due to the absence of attorney Norgard. Third, he argued the trial court erred in denying his motion to recuse based upon an alleged ex parte communication between the judge and the prosecutor regarding a scheduling matter. Fourth, LeBron claimed the trial court erred in finding the “committed while on probation” aggravator. Fifth, he argued the trial court erred in rejecting his proposed “minor participant” mitigator. Sixth, LeBron claimed the trial court erred in rejecting other statutory and nonstatutory mitigating factors while he had proposed. Finally, he argued his death sentence was not proportional. On 08/30/01, the Court affirmed his convictions but remanded the case for resentencing. Because LeBron was 21-years-old at the time of the murder, the Court decided that the death sentence was disproportionate to a combination of LeBron’s youth, immaturity, emotional instability, physical and psychological abuse.

    On 02/01/02, LeBron filed a Petition for a Writ of Certiorari to the United States Supreme Court, which was denied on 04/29/02.

    LeBron filed a Direct Appeal for resentencing to the Florida Supreme Court on 08/30/02. On 01/13/05, the Court vacated the death sentence and remanded the case to the Circuit Court for a new penalty phase for two reasons. First, the Court determined that the trial court erred in concluding, contrary to the jury’s express findings, that the evidence established beyond a reasonable doubt that LeBron murdered Oliver. Second, the Court determined the imposed sentence could not be premised upon a finding that LeBron was himself the shooter, since this would be contrary to the jury’s special verdicts. A mandate was issued on 02/03/05.

    On 01/27/06, LeBron filed a Direct Appeal for resentencing to the Florida Supreme Court, who affirmed the Circuit Court’s disposition on 05/01/08. A mandate was issued on 05/23/08.

    On 06/19/09, LeBron filed a 3.851 Motion in the Circuit Court. This case is currently pending.

  4. #4
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    JERMAINE LEBRON v THE STATE OF FLORIDA

    In an opinion dated January 30, 2014, the Florida Supreme Court AFFIRMED the postconviction court’s denial of Lebron’s motion for postconviction relief.
    A uninformed opponent is a dangerous opponent.

  5. #5
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    Um okay...

    Congregation seeks truth about solitary



    Jocelyn Ortiz’s son Jermaine LeBron has been incarcerated in Florida since 1995 for a murder she is certain he did not commit.

    Though a jury determined that someone else killed Larry Neal Oliver that November night in Osceola County, LeBron was still sentenced to death after Ortiz said a judge declared her son’s New York roots put homicide in his heart.

    LeBron now spends up to 24 hours a day in solitary confinement, Ortiz said, only allowed out of his cell on death row for two hours each week.

    “He’s afraid to leave his cell, when the guards let him leave, that is,” Ortiz told a small group at the Unitarian Universalist Congregation at Shelter Rock on Tuesday. “The last time he stepped outside, another inmate punched him in the face and damaged his eye.”

    Ortiz and family friend Bridget Laureira appeared in Manhasset as part of “The Truth About Solitary Confinement,” a lecture co-sponsored by the congregation’s social justice committee and mental health sub-committee.

    The event marked the start of the congregation’s plans to travel to Albany in May to lobby state legislators to pass the Humane Alternatives to Long-Term Solitary Confinement Act, which would limit the number of consecutive days in which prisoners in New York could spend in solitary confinement.

    According to the New York Civil Liberties Union, approximately 4,500 prisoners across the state live in solitary confinement.

    “It’s a heavy topic, but I believe it is incumbent upon us to take up this issue and change things for the better,” said Claire Deroche, the congregation’s social justice coordinator.

    The congregents were also joined by Five Mualimm-ak, a program director for the Bronx-based Incarcerated Nation Campaign who spent five years in solitary confinement as part of a 12-year sentence for drug trafficking and weapons possession that was later overturned.

    Mualimm-ak’s story inspired the Columbia University student-made documentary “Coming Home,” in which he returns to a state prison to share his personal experiences living in solitary confinement.

    Mualimm-ak said he passed the hours by drawing portraits and grew so lonely at times that he began talking to himself in his head just to hear the sound of someone’s voice.

    When he got out of prison two years ago, tight parole restrictions left him nearly penniless and without a home. Only recently, he said, now an advocate for prison reform, has he achieved financial stability.

    “Nobody really knew I was homeless until after the documentary came out,” Mualimm-ak said. “I would work during the day and at night I would have to return to these two or three blocks in New York City because there are no permanent residences in the shelters. You have to stand on line for an hour, two hours, hoping that you can get a bed. Some nights I didn’t get a bed.”

    Incarcerated Nation Campaign works to help people released from prison find employment and receive the help needed to navigate society, Mualimm-ak said.

    Approximately 2,000 people are released directly from solitary confinement into society, Mualimm-ak said, and as convicted felons, they are denied governmental housing and food programs, the right to vote and approval for a first-time homeowner’s loan.

    “Our people are being housed and caged and tortured, and when they come out, they’re no better than when they went in and they can’t reintegrate back into society positively without any type of assistance,” Mualimm-ak said. “That’s what I’ve dedicated my life, in some sense, to do.”

    LeBron likely will not get the opportunity to reintegrate into society, Ortiz said.

    He has been sentenced to death three times since his conviction and his mother has struggled to find a good lawyer that will take his case pro bono.

    Laureira said that of the seven people the state of Florida executed in 2013, at least one had been on death row for a murder conviction in which the inmate was a bystander - like LeBron.

    “It’s really very confusing that Jermaine is on death row,” Laureira said. “He was convicted of felony murder but he was not found to be the shooter. He didn’t have a weapon. There was no DNA evidence.”

    Though the HALT Solitary Confinement Act would not end the practice in New York completely, Deroche said she is confident it would help curtail the frequency with which prisoners are separated from their peers. Congregants signed letters imploring their elected officials to pass the HALT Solitary Confinement Act, which Deroche said Mualimm-ak would mail.

    Under the legislation, prisoners could spend no more than 15 consecutive days in solitary confinement, or 20 total days within a 60-day period. Prisoners would also be placed into therapeutic programs to help rehabilitate them into society. “We need to do this work,” she said.

    http://www.theislandnow.com/manhasse...a4bcf887a.html
    A uninformed opponent is a dangerous opponent.

  6. #6
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    I thought all that basketball would keep LeBron out of trouble!

  7. #7
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    Football never kept Aaron Hernandez out of jail!

  8. #8
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    Enough yucking it up, folks. Let's please try to keep posts germane to the thread topic.

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