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Duane Eugene Owen - Florida Death Row
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Thread: Duane Eugene Owen - Florida Death Row

  1. #1
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    Duane Eugene Owen - Florida Death Row




    Summary of Offense:

    Sometime during the late night and early morning of May 29, 1984, an individual forcibly entered the home of Georgianna Worden. As Ms. Worden slept, the intruder hit her with a hammer. The blow caused her death. The intruder also sexually assaulted Ms. Worden after hitting her with the hammer. Her children found Ms. Worden’s body on the morning of May 29, 1984, as they were preparing for school. Owen was arrested the on May 30, 1984 on unrelated charges. During the interrogation that occurred over the next several weeks, Owen confessed to this murder. Owen’s fingerprint was also found on a library book in the victim’s home.

    Owen was sentenced to death in Palm Beach County on March 14, 1986.

  2. #2
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    Owen was denied a Certificate of Appealabilty by the US Eleventh Circuit Court of Appeals on May 19, 2009.

    Opinion is here:

    http://www.ca11.uscourts.gov/opinions/ops/200714727.pdf

  3. #3
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    OWEN, Duane Eugene (W/M)
    DC# 101660
    DOB: 02/13/61

    Fifteenth Judicial Circuit, Palm Beach County Case# 84-4000
    Sentencing Judge: The Honorable Richard B. Burk
    Attorneys, Trial: Craig Boudreau & Barry Krischer – Court-appointed
    Attorney, Direct Appeal: Craig Boudreau – Court-appointed
    Attorney, Collateral Appeals: Eric Pinkard & James Driscoll – CCRC-M
    Date of Offense: 05/29/84
    Date of Sentence: 03/14/86

    Trial Summary:

    07/01/84 Defendant was indicted on the following charges:

    Count I: First-Degree Murder (Georgianna Worden)
    Count II: Sexual Battery with a Deadly weapon
    Count III: Unlawful Entry of a Dwelling with an Armed and Dangerous Weapon

    07/12/84 Defendant entered a written plea of not guilty
    02/18/86 The defendant was found guilty on all counts.
    03/05/86 The jury recommended the death penalty by a vote of 10-2.
    03/14/86 Defendant was sentenced as follows:

    Count I: First-Degree Murder (Georgianna Worden) – Death
    Count II: Sexual Battery with a Deadly Weapon – Life to run consecutive to the sentence in Count II from Case 84-4014
    Count III: Unlawful Entry of a Dwelling with an Armed and Dangerous Weapon – Life to run consecutive to Count II

    Appeal Summary:

    Florida Supreme Court – Direct Appeal
    FSC# 68,549
    596 So. 2d 985

    04/07/86 Appeal filed
    09/01/88 FSC relinquished jurisdiction to the circuit court to rule on a 3.850 motion

    State Circuit Court – 3.850 Motion
    CC #84-4000

    07/31/86 Motion filed
    10/20/87 Motion dismissed. Jurisdiction returned to FSC

    Florida Supreme Court – Direct Appeal
    FSC# 68,549
    596 So. 2d 985

    10/20/87 Jurisdiction returned to FSC
    01/23/92 FSC affirmed both the conviction and sentence
    04/01/92 Rehearing denied
    05/01/92 Mandate issued

    United States Supreme Court – Petition for Writ of Certiorari
    USSC# 92-5530
    506 U.S. 921

    08/14/92 Petition filed
    10/13/92 Petition denied

    State Circuit Court – 3.850 Motion
    CC# 84,400

    10/13/94 Amended motion filed
    12/08/97 Motion denied

    Florida Supreme Court – 3.850 Appeal
    FSC# 92,144
    773 So. 2d 510

    01/07/98 Appeal filed
    09/21/00 FSC affirmed the trial court’s denial of the 3.850 motion
    11/13/00 Rehearing denied
    12/13/00 Mandate issued

    United States Supreme Court – Petition for Writ of Certiorari
    USSC# 00-8649
    121 S. Ct 1500

    02/23/01 Petition filed
    04/02/01 Petition denied

    State Circuit Court – 3.850 Motion
    CC# 84,400

    07/29/01 Motion filed
    09/21/01 Motion denied

    Florida Supreme Court – Petition for Writ of Habeas Corpus
    FSC# 01-2146
    854 So.2d 182

    09/28/01 Petition filed
    07/11/03 Petition denied
    09/02/03 Rehearing denied
    10/02/03 Mandate issued

    Florida Supreme Court – 3.850 Appeal
    FSC# 01-2476
    854 So.2d 182

    11/07/01 Appeal filed
    07/11/03 Affirmed trial court’s denial of the 3.850 Motion
    09/02/03 Rehearing denied
    10/02/03 Mandate issued

    United States District Court, Southern District – Petition for Writ of Habeas Corpus
    USDC# 03-81152

    12/15/03 Petition filed
    09/06/07 Petition denied

    United States Court of Appeals, 11th Circuit – Habeas Petition Appeal
    USCA# 07-14727-P
    568 F.3d 894

    11/25/08 Appeal filed
    05/18/09 USCA affirmed the denial of the petition

    United States Supreme Court – Petition for Writ of Certiorari
    USSC# 09-6983
    130 S.Ct. 1141

    10/02/09 Petition filed
    01/19/10 Petition denied

    Factors Contributing to the Delay in Imposition of Sentence

    The Direct Appeal was pending for six years. Additionally, the second 3.850 motion was pending for 3 years before being denied.

    Case Information:

    Owen filed a Direct Appeal to the Florida Supreme Court on 04/07/86. Owen filed a 3.850 motion in the circuit court on 07/31/86. On 09/01/86, the Court transferred jurisdiction of the case to the trial court in order to allow for a ruling on the 3.850 Motion. On 10/20/87, the motion was dismissed and jurisdiction was returned to the Court. In his Direct Appeal, Owen raised several issues surrounding the guilt phase of his trial. His main claim was that the confession obtained by law enforcement violated his Sixth Amendment right to counsel. The Court ruled that Owen’s Sixth Amendment right was not violated because the interrogation session that resulted in the confession took place prior to his first court appearance. In reference to the penalty phase, all of Owen’s claims were either found to be harmless or were rejected by the Florida Supreme Court. The Court affirmed the sentence and conviction on 01/23/92. The rehearing was denied on 04/01/92, and the mandate was issued on 05/01/92.

    On 08/14/92, Owen filed a Petition for Writ of Certiorari to the United States Supreme Court. On 10/13/92, the petition was denied.

    Owen then filed an amended 3.850 Motion to the Circuit Court on 10/13/94. A Huff hearing was held on 11/05/97, where the court denied some claims and scheduled others for an evidentiary hearing. The evidentiary hearing was held on 12/08/97. The first witness at the hearing was Barry Krischer, Owen’s attorney for the original Slattery trial. After Mr. Krischer’s testimony, Owen decided not to proceed with the hearing because it would violate attorney-client privilege; therefore, the 3.850 Motion was denied.

    A 3.850 Appeal was filed to the Florida Supreme Court on 01/07/98. Owen claimed that the Circuit Court erred in its denial of the motion. The Florida Supreme Court found no abuse of discretion by the Circuit Court, and the Circuit Court’s denial of the 3.850 motion was affirmed on 09/21/00. The rehearing was denied on 11/13/00, and the mandate was issued on 12/13/00.

    Owen filed a Petition for Writ of Certiorari to the United States Supreme Court on 02/23/01. The petition was denied on 04/02/01.

    Owen filed a 3.850 Motion to the Circuit Court on 07/29/01. The motion was denied on 09/21/01.

    Owen then filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 09/28/01. He also filed a 3.850 Appeal to the Florida Supreme Court on 11/07/01. Both were denied on 07/11/03.

    On 11/07/01, Owen filed a 3.850 Appeal to the Florida Supreme Court. The Court affirmed the trial court’s denial of the 3.850 Motion on 07/11/03. Owen then filed a motion for a rehearing, which was denied on 09/02/03. A mandate was issued on 10/02/03.

    On 12/15/03, Owen filed a Petition for a Writ of Habeas Corpus to the United States District Court, Southern District, which was denied on 09/06/07.

    On 11/25/08, Owen filed a Habeas Petition Appeal in the United States Court of Appeals, 11th Circuit. The court affirmed the denial of the Petition for Writ of Habeas Corpus on 05/18/09.

    Owen filed a Petition for Writ of Certiorari in the United States Supreme Court on 10/02/09. The petition was denied on 01/19/10.

  4. #4
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    Case 2

    Factors Contributing to the Delay in the Imposition of the Sentence:

    Both Direct Appeals were pending for four years before the Florida Supreme Court were able to render a decision. The main delay in this case was the nine years the court took to retry Owen.

    Case Information:

    Owen filed a Direct Appeal on 03/24/86. The main issues brought up in the appeal surrounded the admissibility of Owen’s confession. The Florida Supreme Court was unable to uphold the trial court’s ruling that Owen had not invocated his right to remain silent at any time during the interrogation process. In addition, the Court was unable to say whether this error was harmless beyond reasonable doubt, therefore they reversed Owen’s conviction on 03/01/90. The rehearing was denied on 05/02/90 and the mandate was issued on 11/05/90.

    Owen was retried in the Circuit Court and found guilty on 01/29/99. He was again sentenced to death on 03/23/99. Owen then filed a Direct Appeal for retrial to the Florida Supreme Court on 05/07/99. His conviction and sentence was affirmed by the Court on 10/23/03.

    Owen filed at Petition for a Writ of Certiorari to the United States Supreme Court on 03/05/04, which was denied on 11/22/04.

    On 11/01/05, Owen filed a 3.850 Motion to the Circuit Court, which was denied on 09/22/06.

    On 10/23/06, Owen filed a 3.850 Appeal to the Florida Supreme Court, which was denied 05/08/08. On 05/22/08, Owen filed a Motion for Rehearing which was denied on 07/10/08. The Florida Supreme Court issued a Mandate on 07/28/08.

    On 04/11/07, Owen filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court. The Florida Supreme Court denied this petition on 05/08/08. Owen filed a Motion for Rehearing on 05/22/08, which was denied on 07/10/08. The Florida Supreme Court issued a Mandate on 07/28/08.

    On 08/07/08, Owen filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District. This petition was denied on 11/30/10. A Motion to Alter Judgment was filed on 12/27/10.

  5. #5
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    Oral arguments are scheduled for the 11th of June in the Eleventh Circuit.

    http://www.ca11.uscourts.gov/calenda...f/CAL_Owen.pdf

  6. #6
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    Duane Eugene Owen v. Florida Department of Corrections

    In today's Eleventh Circuit Court of Appeals opinions, they AFFIRMED the district court’s DENIAL of Owen's 28 U.S.C. § 2254 petition for a writ of habeas corpus.
    An uninformed opponent is a dangerous opponent.

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

  7. #7
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    In today's United States Supreme Court orders, Owen's petition for a writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.

    http://www.supremecourt.gov/Search.a...es/12-8439.htm

  8. #8
    Moderator Dave from Florida's Avatar
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    This guy should be next on Scott's list for a death warrant.

  9. #9
    Senior Member Frequent Poster johncocacola's Avatar
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    March 5, 2015

    Should ‘mental illness’ spare Owen from execution?

    By Randy Schultz
    The Coastal Star

    The debate about whether Duane Owen should live or die is about whether Duane Owen is the person he was or the person he supposedly has become.

    Inmate 101660 at Union Correctional Institution in Raiford is serving two death sentences, six life sentences, one 15-year sentence and one five-year sentence for crimes committed in Boca Raton and Delray Beach between early February and late May of 1984. Owen’s three calculated rampages left 14-year-old Karen Slattery and 38-year-old Georgianna Worden dead and 18-year-old Marilee Manley near death.

    Owen’s case could inspire a script on CBS’s weekly creepfest Criminal Minds.

    Owen has claimed that he sexually assaulted women to harvest their hormones, that he was a transsexual who carried out the attacks to “turn himself into a female.” He mocked the police: “Roses are red/yellow, white and pink/If you want to play my game/you’ve got to think.”

    Barry Krischer, Owen’s co-counsel during the first Karen Slattery trial, tried unsuccessfully to get off the case because he found Owen so repugnant. Six years later, Krischer was elected Palm Beach County’s state attorney, calling Owen a reason he had given up defense work.

    For those who have waited to see the state execute Duane Owen, key decisions may be near. Owen soon could face a death warrant, but his case also could become caught up in the latest debate over capital punishment in Florida.

    In December, Owen had a hearing before the Office of Executive Clemency and the Florida Commission on Offender Review, seeking to have his death sentences commuted to life without parole. According to Owen’s lawyer, William McClellan, the state usually holds such hearings when a Death Row inmate appears to have exhausted all of his state and federal appeals. If Owen loses, as he almost certainly will, his case could go to the governor’s office for review and a possible death warrant.

    Last month, however, the Florida Supreme Court delayed the execution of Jerry Correll because of concerns about how Florida administers lethal injection. The state’s three-drug protocol is similar to what Oklahoma uses. That state botched an execution last May, and the U.S. Supreme Court is deciding whether the Oklahoma system amounts to “cruel and unusual punishment” and therefore is unconstitutional. Such a ruling could force Florida to change its execution method.

    Whatever the method, Owen still could finally face his appointment with death. The state’s political leaders strongly support capital punishment. In 2013, the Florida Legislature passed the Timely Justice Act. There were as many executions during Gov. Rick Scott’s first term as there were in the previous 11 years.

    McClellan tried to explain the seemingly inexplicable system by which Florida decides which of the 393 inmates on Death Row to execute. At the hearing, he said, the state was asking of Owen: “What has he done on the Row? Does he have any remorse? He went onto Death Row at a pretty young age. Has he changed?”

    To McClellan, the 54-year-old Duane Owen is not the 23-year-old Duane Owen. “He has studied religion. He has studied physics. He has had professors say he has the concepts down. He came in with nothing, but he hasn’t wasted his time.

    “Maybe at 18 he was this evil guy, and some people say that should determine everything. In my opinion, it shouldn’t. I’m a big Law & Order fan, and I think a lot about who we’re putting to death.”

    Carey Haughwout is Palm Beach County’s public defender. She unsuccessfully argued an insanity defense at Owen’s second trial for killing Karen Slattery. Haughwout believes that the state should spare Owen’s life because of mental illness caused by a terrible childhood. Haughwout said as much in a letter to the Commission on Offender Review.

    “I feel like I’ve watched him grow up,” Haughwout said in an interview. Owen has “tried to better himself. Sometimes, incarceration works.” Owen “is learning about how he got to where he is. All his crimes are related to his mental illness. It started with stealing women’s underwear.”

    Haughwout has not visited Owen recently, but they correspond fairly regularly. “He tells me not to overwork myself.”

    Rick Lincoln, who as a Delray Beach police lieutenant got Owen’s confession in the Slattery case, disagrees with those new characterizations of Owen. Lincoln describes Owen as “a calculating predator. A serial killer. So patterned.”

    A 2002 response by the Florida Attorney General’s Office to an Owen appeal in the Slattery case typifies the state’s attitude toward claims for leniency based on his mental illness.

    Assistant Attorney General Celia Terenzio called Owen a “malingerer” whose “delusion is fabricated.” Owen, she wrote, “studied up on sexual disorders and believed that the more crazy the story the more people would believe that he is crazy. He has a sexual disorder and anti-social personality disorder, but he is not psychotic.”

    In Florida, attorneys for the condemned argue what the state classifies as “mitigating factors” to keep their clients alive. Prosecutors argue “aggravating factors,” one of which is that a murder was “especially heinous, atrocious or cruel.”

    Terenzio stressed that factor in her argument 13 years ago that Owen should die for killing Karen Slattery.

    Terenzio noted the trial court judge’s ruling in upholding the jury’s recommendation of death: “The Defendant stated that causing deliberate pain and fear would increase the flow of female bodily fluids which he needed for himself. The puncturing of Karen Slattery’s lung caused her to literally drown in her own blood... Each of the 18 cuts, slashes and/or stab wounds caused pain...The crime of murdering Miss Slattery evidenced extreme and outrageous depravity.”

    In a letter to the Commission on Offender Review, the Palm Beach County State Attorney’s Office also dismissed the mental illness argument. Assistant State Attorney Sherri Collins noted the six Florida Supreme Court rulings that have affirmed Owen’s convictions and sentences. “The context, details and Owen’s own words,” Collins wrote, “evidence a killer who targeted and then descended into the darkness of true evil.”

    When could the ruling on Owen come? “Hard to tell,” McClellan said. One inmate has been waiting 18 months to find out. “It’s pretty bizarre how all this works.” Owen has been on Death Row for three decades, but in the last two years Florida has executed inmates who had spent more time there than Owen and inmates who had spent less time. Owen has filed many appeals, and in some cases the courts have taken many months to rule.

    If Owen does die by whatever method the courts decide is constitutional, it will not be for the Karen Slattery murder or the Georgianna Worden murder, but for both. For those who were here 31 years ago, time barely has diminished the horror.

    In her letter, Haughwout wrote, “The crimes Mr. Owen committed are unforgivable, but he is not beyond redemption.”

    There may be debate about the second part of that sentence, but in the area where Owen prowled there is no debate about the first part.

    http://thecoastalstar.ning.com/profi...from-execution

  10. #10
    Administrator Helen's Avatar
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    How come at the top of the thread it says the summary of offense to be the murder of Georgianna Worden and yet another source I just read says he was under two death sentences?

    Owen is under two death sentences for two murders in 1984, for which he was separately tried, convicted, and sentenced. Owen's March 24, 1984 murder of Karen Slattery in Delray Beach, Florida, is the subject of this appeal. Owen's May 28, 1984 murder of Georgianna Worden in Boca Raton, Florida, is the subject of this Court's decision in Owen v. Secretary for the Department of Corrections, 568 F.3d 894 (11th Cir.2009). - See more at:

    http://caselaw.findlaw.com/us-11th-circuit/1605740.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    “There are some people who just do not deserve to live,”
    - Rev. Richard Hawke

    “Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

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