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Thread: Harold Gene Lucas - Florida Death Row

  1. #1
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    Harold Gene Lucas - Florida Death Row


    Jill Piper, 16




    Summary of Offense:

    Harold Lucas knew the victim, 16-year-old Jill Piper, for four years and they also used to date. One witness testified that Lucas stated they were going to get married. A week prior to the murder, Lucas was arrested for criminal trespassing at the Piper residence. After the arrest, Lucas, who worked at the Piper family business, stopped going to work. On August 13, 1976, Lucas was in a park with his friend, Harold Saunders, at 2:00 or 3:00 p.m. Lucas asked Saunders to go and ask Ms. Piper if she called the Sheriff’s Department. When Saunders questioned Ms. Piper, she indicated that she did not call the police. During this time, witnesses testified that Lucas threatened Jill Piper. Other witnesses stated they did not hear Lucas threaten Ms. Piper. Sometime around 3:00 p.m., Lucas left the park with friends. They drove around and were characterized as “pretty buzzed.”

    Throughout the day, Lucas drank a total of two six-packs of 24-ounce beers, smoked 10 to 20 marijuana cigarettes, and consumed five dollars worth of THC. They returned to the park around 6:00 p.m. They left the park again around 10:00 p.m. and drove to a gas station. Ms. Piper and Eddie Kent, a man who Lucas had been in fights with before, were at the gas station. Mr. Kent insulted Lucas by saying “Hello, Turkey” and Lucas responded by starting a fight. Ms. Piper ran across the street to a pay phone and called the Sheriff’s Department. The argument ended, and Lucas got in the car to leave. As the car was pulling away, Mr. Kent threw a beer bottle at the car, shattering the bottle. The glass from the bottle entered the car and cut Lucas’ ear. Ms. Piper threw rocks and yelled profanities at the car. Mr. Kent and Terri Rice testified that Lucas threatened to kill both of them. Ms. Rice and Ms. Piper left the gas station and met Ricky Bird at the park around 11:00 p.m. They asked if he would spend the night at Ms. Piper’s house for additional protection and he agreed. The three proceeded to Ms. Piper’s house. They parked the car across the street. Once in the house, Ms. Piper took a 20-gauge shotgun and a .38 revolver, both loaded, out of a gun cabinet in the house. She took the shotgun and gave the handgun to Mr. Bird. As the three talked, Ms. Piper decided that they should move the car into her driveway.

    The three walked across the street and drove the car back. Mr. Bird entered the house to make sure that no one had gone inside while they were moving the car. While the two women stayed outside of the house, Ms. Rice saw someone at the side of the house with a gun. She assumed that it was Mr. Bird, but upon closer inspection she realized that it was Lucas. She testified that he raised a rifle and shot Ms. Piper, who was standing in front of Ms. Rice. Ms. Rice ran into the house and told Mr. Bird what had just occurred and the two ran into a back bedroom. Ms. Rice testified that she never saw Ms. Piper inside the house after she was shot. Mr. Bird testified that he had heard three shots outside, and then saw Ms. Rice enter the house. After Ms. Rice entered, Ms. Piper stumbled into the house. She had two wounds in her back and stated, “That son of a bitch shot me.” He stated that he and Ms. Rice then ran into a back bedroom and locked the door. Both testified that they heard Ms. Piper screaming and begging and then heard three more shots. Lucas then shot the bedroom door open and shot Mr. Bird in the stomach and then physically attacked Ms. Rice in the bathroom. As Lucas was leaving, he fired a shot through the bathroom door that hit Ms. Rice in the hip. Ms. Piper’s body was found outside of the house. Lucas testified that he remembers getting high on the night of August 13, 1976, and that he lost consciousness and woke up in the woods.

    He stated that he did not have gun with him when he woke up. When he began walking home, a friend picked him up and told him that there was a newspaper article about the incident and that Lucas was named as the primary suspect. Lucas went back to the woods and, when law enforcement attempted to arrest him, he ran, but was eventually arrested.

    Lucas was sentenced to death for the fifth time in Lee County on May 14, 1991.

  2. #2
    Senior Member CnCP Legend JLR's Avatar
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    Factors Contributing to the Delay in the Imposition of the Sentence:

    The main delay has been that the Lucas was resentenced four times, which lead to five Direct Appeal procedures. In addition, the 3.850 Motion was pending in the Circuit Court for seven years.

    Case Information:

    Lucas filed a direct appeal to the Florida Supreme Court on 02/22/77. He raised two issues in the appeal: the trial court committed reversible error by allowing an unrevealed rebuttal witness to testify without conducting an evidentiary hearing as to why the state was not complying with the rules of discovery and the trial court erred in considering non-statutorial aggravating factors. The Court found that, because the defense did not object to the rebuttal witness, the trial judge made no error. The Florida Supreme Court found that the trial court erred in considering the heinousness of the attempted murders as a non-statutory aggravating factor. The Court affirmed the conviction, but remanded the case for resentencing “without the benefit of a new sentence recommendation by a jury” Lucas v. Florida (376 So. 2d 1149) on 06/14/79. The rehearing was denied on 12/05/79, and the mandate was issued on 01/02/80.

    On 03/03/80, the Circuit Court judge sentenced Lucas to death for the murder of Ms. Piper and to two thirty-year sentences for the attempted murders of Ms. Rice and Mr. Bird.

    Lucas filed a direct appeal to the Florida Supreme Court on 03/11/80. He asserted that the trial judge abused his discretion by not properly reweighing and re-evaluating the valid aggravating and mitigating circumstances. The Court found that the judge erred by not impaneling an advisory jury during the resentencing, but did not fault the judge because he was following the previous mandate issued by the Court. The Court remanded the case to the trial court for a new sentencing proceeding on 07/01/82. The mandate was issued on 08/03/82.

    Judge Shands passed away prior to the second resentencing; Judge Reese reviewed the trial transcript and the transcript of the previous penalty proceedings. He again sentenced Lucas to death for the murder of Ms. Piper and to two 30 year terms for the attempted murder for both Ms. Rice and Mr. Bird on 05/08/85.

    On 05/30/85, Lucas filed another direct appeal to the Florida Supreme Court. Lucas claimed that the trial court erred by not allowing the presentation of additional evidence and not impaneling a new jury. The Court found that the trial judge did not error by not impaneling a new jury but that both sides should have been able to present additional evidence. The Court remanded the case to the trial court for a complete new sentencing proceeding before a newly impaneled jury on 07/03/86. The rehearing was denied on 02/12/86, and mandate was issued on 08/18/86.

    Lucas was given a new sentencing hearing in front of a new jury and, on 05/03/87, the jury recommended the sentence of death for the murder of Ms. Piper. On 05/07/87, Lucas was again sentenced to death for the murder of Ms. Piper and to 30 years for the attempted murders of Ms. Rice and Mr. Bird.

    On 06/05/87, Lucas filed a direct appeal to the Florida Supreme Court. The Court stated that the trial court’s finding as to aggravating and mitigating factors must be unmistakably clear, and found that the sentencing order did not meet this requirement. The Court vacated the Lucas’ sentence and remanded the case to the trial court for resentencing with a newly impaneled a jury on 09/20/90. The mandate was issued on 10/22/90.

    On 05/14/90, Judge Reese again sentenced Lucas to death for the murder of Ms. Piper. Lucas filled a direct appeal to the Florida Supreme Court on 06/17/91. The main issues raised by Lucas surrounded the aggravating and mitigating factors used by the judge to render a sentence of death, but the Court found these to be meritless, a harmless error. The Florida Supreme Court affirmed the sentence on 12/24/92. The rehearing was denied on 03/05/93, and the mandate was issued on 04/05/93.

    Lucas filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/03/93. The petition was denied on 10/04/93.

    Lucas filed a 3.850 Motion with the Circuit Court on 10/04/94. The motion was denied on 06/22/01.

    Lucas filed a 3.850 appeal to the Florida Supreme Court on 07/30/01. In this appeal his main issue raised was receiving ineffective counsel. The Court found no merit in his claims and affirmed the denial of his 3.850 Motion on 01/09/03.

    Lucas also filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 02/11/02, which was denied on 01/09/03. The Motion for Rehearing was denied on 03/14/03.

    Lucas filed a Petition for Habeas Corpus to the United States Middle District Court on 04/13/04. This petition was denied on 09/05/08.

    On 10/03/08, Lucas filed a Habeas Petition Appeal in the United States Court of Appeals, 11th Circuit. This appeal is currently pending.

  3. #3
    Administrator Heidi's Avatar
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    Harold Gene Lucas v. Secretary, DOC

    Opinion Date: June 8, 2012

    Court: 11th Circuit Court of Appeals

    In this capital case, petitioner was convicted of one count of first-degree murder for the 1976 death of a sixteen-year-old victim and two counts of attempted first-degree murder for the shootings of two other victims. A federal district court subsequently denied petitioner's petition for a writ of habeas corpus, which included claims that: (1) the state trial court's admission of testimony of an undisclosed rebuttal witness was unconstitutional; (2) petitioner's trial counsel rendered ineffective assistance; and (3) the State's use of peremptory challenges to exclude all jurors who expressed reservations about the death penalty was unconstitutional. After thorough review, the court concluded that petitioner was not entitled to relief on any of these claims. Accordingly, the court affirmed the district court's judgment and denied the petition.
    An uninformed opponent is a dangerous opponent.

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

  4. #4
    Senior Member Member Jeffects's Avatar
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    Over 30 years on Death Row!!?? Unbelievable!

    Jill Piper.jpg

    Jill Piper

    The family has just about given up on seeing justice. Who would expect this in Florida?

    http://www.marcoislandflorida.com/ar...g-wait-justice

  5. #5
    Administrator Heidi's Avatar
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    Thanks for the photo Jeff, and take a look at this

    Florida Old Timers List
    An uninformed opponent is a dangerous opponent.

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

  6. #6
    Administrator Heidi's Avatar
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    and the article..

    Appellate court says no to Bonita Springs teen's killer

    Harold Gene Lucas — convicted of killing 16-year-old Bonita Springs resident Jill Piper in 1976 — has been sitting on Florida’s death row for 35 years. Now, his long fight to avoid execution appears to be over.

    On Friday, the U.S. Court of Appeals for the 11th Circuit in Atlanta affirmed the decision by the Florida Supreme Court to deny Lucas’ 2008 petition for a writ of habeas corpus — a judicial mandate requiring a prisoner be brought before the court to determine whether the government has the right to continue detaining them.

    Lucas, 60, was convicted of first-degree murder in the death of Piper, who had been Lucas’ girlfriend.

    He was also convicted of two counts of attempted first-degree murder of Piper’s friends, Terri Rice, 17, and Richard Byrd, 19.

    Lucas has filed multiple appeals that have delayed his execution. Only seven other death row inmates have been incarcerated longer than him.

    This latest appeal could be one of his last, said prosecutor and State Attorney Steve Russell.

    “He could file for a rehearing based on this latest decision, but I don’t see any issue that would cause it to be re-heard,” Russell said. “My understanding is that this was his last appellate court appeal.”

    Lucas’ only hope to avoid execution may be with the U.S. Supreme Court, said Russell, noting the court rarely involves itself with murder cases.

    “Mr. Lucas’ options have been greatly reduced,” said Russell, who began his career at the state attorney’s office two months before the murder and watched the trial unfold in 1977. “We’re pleased with the decision.”

    Family members whose lives Lucas changed forever were ecstatic about the news Monday.

    “We’re happy,” said David Piper, owner of the Everglades Wonder Gardens in Bonita, and Jill’s brother. “This guy has had chance after chance after chance. My sister didn’t have any of that.”

    Lucas threatened to kill Jill Piper after the two broke up in 1976. On Aug. 12 of that year, he loaded up on booze, marijuana and PCP and went to her home armed with a .22 caliber rifle.
    An uninformed opponent is a dangerous opponent.

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

  7. #7
    Jan
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    In today's United States Supreme Court orders, Lucas' petition for writ of certiorari was DENIED.

    http://www.supremecourt.gov/Search.a...es/12-7035.htm

  8. #8
    Senior Member CnCP Legend Mike's Avatar
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    Supreme Court rejects 10 more death penalty appeals

    By News Service of Florida

    TALLAHASSEE, Fla. - With the total number of similar rulings reaching 30 over three days, the Florida Supreme Court on Wednesday rejected appeals by another 10 Death Row inmates challenging their death sentences.

    Justices, in a highly unusual move, have released batches of 10 rulings each day this week, with all of the cases dealing with issues about jury unanimity. The appeals were based on a 2016 U.S.Supreme Court opinion in a case known as Hurst v. Florida and a subsequent Florida Supreme Court decision.

    The 2016 U.S. Supreme Court ruling found Florida's death-penalty sentencing system was unconstitutional because it gave too much authority to judges, instead of juries.

    The subsequent Florida Supreme Court ruling said juries must unanimously agree on critical findings before judges can impose death sentences and must unanimously recommend the death penalty. But the Florida Supreme Court made the new sentencing requirements apply to cases since June 2002.

    That is when the U.S. Supreme Court issued a ruling known as Ring v. Arizona that was a premise for striking down Florida's death-penalty sentencing system in 2016. In each of the cases Wednesday, the Death Row inmates had been sentenced to death before the Ring decision and argued that the new sentencing requirements should also apply to their cases.

    The inmates who lost their appeals Wednesday were Donald David Dilbeck in a Leon County case; Steven Maurice Evans in an Orange County case; Etheria Verdell Jackson in a Duval County case; Gregory Alan Kokal in a Duval County case; Harold Gene Lucas in a Lee County case; John Christopher Marquard in a St. Johns County case; William Earl Sweet in a Duval County case; Steven Richard Taylor in a Duval County case; William Gregory Thomas in a Duval County case; and Robert J. Trease in a Sarasota County case.

    https://www.news4jax.com/news/florid...enalty-appeals

  9. #9
    Senior Member CnCP Addict one_two_bomb's Avatar
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    after more than 40 years on death row, and 5 years since his final appeal exhausted, it should be a priority for the state and the governor to put this turd in the ground. i know there are a lot of Gov Scott fans here on this forum but i have to say im pretty disappointed.

  10. #10
    Moderator Dave from Florida's Avatar
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    I see a lot of inmates who committed their crimes in the 1970's. Are John Ferguson and Thomas Knight the only ones in that period executed during Scott's terms?

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