Results 1 to 6 of 6

Thread: Stephen Vincent Smith - Florida

  1. #1
    Guest
    Join Date
    Oct 2010
    Posts
    5,534

    Stephen Vincent Smith - Florida


    Correctional Officer Darla K. Lathrem, 38






    Summary of Offense:

    Stephen Smith, Dwight Eaglin and Michael Jones were indicted for the first-degree murder of Officer Lathram at Charlotte Correctional Institution (CCI) during an escape attempt. The defendants were tried separately. Stephen Smith and two other inmates at CCI began formulating an escape plan in early 2003. The three men were part of a small inmate work crew of other CCI prisoners who were working on renovations to the inmate dormitories. This construction work allowed the men temporary access to a number of tools appropriate to plumbing and welding. The three men had planned to join various ladders together with bracing materials to create a ladder-bridge that would span the length of the two perimeter fences. It was planned that Eaglin would use the ladder-bridge to overcome the first perimeter fence and wait for a guard truck to pass. He would then attack the driver with a hammer from the tool cache, providing the inmates with transport. In discussing the plan with other inmates, Smith bragged that he would kill any correctional officer guarding them and that he would be famous for doing so. Smith also preferred to escape when a female officer was supervising the crew so that he could rape her.

    On June 11, 2003, Smith, Eaglin, and Jones were working a construction detail that occasionally worked in the evening. Because these evening crews were composed of only five or six individuals, only one guard was assigned to supervise. Officer Lathram, a female correctional officer, was assigned to supervise the work detail on this particular evening. At 4:00 p.m., Officer Lathram took the five-person crew – the three defendants and two other inmates – to work in the dormitory for the evening. At 8:30 p.m., Lathram performed a head count. Just after the head count, Eaglin beat up inmate Charles Fuston and locked him in a cell. Eaglin then returned with a sledgehammer and beat him to death. Fuston knew of the escape plan and had decided against it.

    After the first murder, the three men told Officer Lathram that they required something from a locked mop closet. Officer Lathram took them to the closet and while she appropriated the key, Eaglin struck her twice in the head with a sledgehammer. They then took the officer’s radio and keys and while Eaglin locked her body in the closet, Smith and Jones left to assemble the ladders for the escape. Before joining the others, Eaglin found the other inmate of the work detail and incapacitate him with a separate hammer.

    The three inmates then reunited at the interior perimeter fence. In their attempt to lift the ladder-bridge, it collapsed and fell against the fence, setting off an alarm. Officers responding to the alarm witnessed the three men trying to escape. Eaglin was found between the perimeter fences; Smith was climbing the ladder against the interior fence; and Jones was standing nearby within the interior fence. Officer Lathram’s body was found in the locked mop closet, the sledgehammer on the floor beside her. The officers also discovered the other two inmates of the work detail, one of whom was injured, and Fuston, who was found dead in a locked cell.

    Smith was sentenced to death in Charlotte County on August 18, 2006.

    Co-defendant information:
    Dwight Eaglin was sentenced to death on March 31, 2006 for his role in the murder of Officer Lathram. For more on Eaglin, see: http://www.cncpunishment.com/forums/...ghlight=eaglin

    Michael Jones was sentenced to life in prison after pleading guilty for his role in the murder of Officer Lathram.

  2. #2
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    SMITH, STEPHEN V. (W/M)
    DC# 189262
    DOB: 01/13/61

    ***Twentieth Judicial Circuit, Charlotte County Case #0301526

    Sentencing Judge: The Honorable William L. Blackwell

    Attorney, Trial: Paul D. Sullivan – Agency

    Attorney, Direct Appeal: Ryan T. Truskoski – Private

    Attorney, Collateral Appeals: Richard Kiley – CCRC-M

    Date of Offense: 06/11/03

    Date of Sentence: 08/18/06

    Codefendant Information:

    Dwight Eaglin was sentenced to death on 03/31/06 for his role in the murder of Officer Lathram. His Direct Appeal is currently pending in the Florida Supreme Court.

    Michael Jones was sentenced to life in prison after pleading guilty for his role in the murder of Officer Lathram.

    Additional Information:

    At the time of the incident, Smith was serving seven life sentences for murder, rape, and armed burglary.

    Trial Summary:

    12/03/03 Indicted as follows:

    Count I: First Degree Murder (Darla K. Lathrem)

    Count II: First Degree Murder (Charles B. Fuston)

    06/21/06 State entered nolle prosequi against the defendant on count two for the death of Charles B. Fuston

    06/23/06 Jury returned guilty verdict on Count I of the indictment.

    07/01/06 Jury recommended death by a vote of 9-3.

    08/18/06 Sentenced as follows:

    Count I: First Degree Murder (Darla K. Lathrem) – Death

    Appeal Summary:

    Florida Supreme Court – Direct Appeal

    FSC# 06-1903

    998 So.2d 516

    09/25/06 Direct Appeal filed

    09/25/08 Disposition affirmed

    10/06/08 Motion for Rehearing filed

    12/18/08 Rehearing denied

    01/05/09 Mandate issued

    United States Supreme Court – Petition for Writ of Certiorari

    USSC# 08-8829
    129 S.Ct. 2006

    01/21/09 Petition filed

    04/20/09 Petition denied

    Circuit Court – 3.851 Motion

    CC# 03-01526 (Pending)

    03/24/10 Motion filed

    Case Information:

    On 09/25/06, Smith filed a Direct Appeal in the Florida Supreme Court, citing the following issues: (1) the defendant’s due process rights were violated when the trial court failed to make findings of fact and conclusions of law in its order denying the defendant’s motion to suppress, (2) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to preserve for appellate review the trial court’s denial of his motion to suppress where he failed to object to the evidence when it was introduced at trial, (3) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to object to the testimony that the defendant wanted to rape a female prison guard during his escape attempt, (4) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to move for a judgment of acquittal based on the State’s failure to prove that the murder was not the independent act of codefendant Eaglin, (5) the State failed to prove that the defendant committed first-degree murder, (6) the State failed to prove that the defendant committed felony murder, (7) the defendant’s due process rights were violated when the State took inconsistent positions between his trial and the trial of his codefendant as to who plotted and led the escape, (8) the defendant’s due process rights were violated and he was denied a fair penalty phase when the State violated an order in limine which prohibited it from referring to the defendant’s previous penalty phase in his prior conviction, (9) the trial court committed reversible error in its conclusion that the aggravating factors outweighed the mitigating factors in this case, (10) the defendant’s sentence of death was disproportionate, (11) the trial court reversibly erred when it refused the defense’s request to instruct the jury on the defendants list of mitigating evidence, (12) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to challenge the constitutionality of Florida’s lethal injection procedures, (13) Florida’s lethal injection procedure violates the separation of powers doctrine, (14) Florida’s death penalty scheme violates due process, the Sixth amendment, and Ring V. Arizona and its progeny, (15) the trial court improperly prevented the defense from telling the jury that it was primarily responsible for sentencing the defendant and that it needed to take the responsibility seriously, (16) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to challenge the constitutionality of Florida’s clemency procedures, and (17) the cumulative effect of the deficient performance of the defendant’s trial counsel and the nonreversible errors in this case deprived the defendant of a fair trial. On 09/28/08, the Florida Supreme Court affirmed the decision of the trial court and the sentence of death. On 10/06/08, Smith filed a Motion for Rehearing which was denied on 12/18/08. On 12/18/08, the Florida Supreme Court issued a revised opinion. On 01/05/09, the Florida Supreme Court entered a mandate in this case.

    On 01/21/09, Smith filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 04/20/09.

    Smith filed a 3.851 Motion in the Circuit Court on 03/24/10. This motion is currently pending.

  3. #3
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    STEPHEN SMITH v STATE OF FLORIDA

    STEPHEN SMITH v MICHAEL D. CREWS, etc.,

    In today's Florida Supreme Court opinions, the court DENIED Smith's motion to vacate his sentence of death filed under Florida Rule of Criminal Procedure 3.851. The court also DENIED Smith's petition for postconviction relief.
    An uninformed opponent is a dangerous opponent.

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

  4. #4
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On November 20, 2013, Smith filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...cv00813/291456

  5. #5
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Death penalty cases in limbo pending Florida Supreme Court decision

    By Anne Easker
    yoursun.com

    Two Charlotte County men scheduled to be re-sentenced under Florida’s new death penalty law may no longer have that chance.

    It all depends on the outcome of litigation before the Florida Supreme Court. The court is reconsidering whether the requirement of a unanimous jury to recommend a death sentence should be applied retroactively.

    “I guess the thinking was or is that it’s a different makeup now,” said Defense Attorney James Ermacora. “Since Gov. DeSantis has appointed three new justices that are more conservative, the belief is that maybe they’ll get a different result.”

    Attorney General Ashley Moody filed a 59-page brief in June on the appeal case of Duane Eugene Owen, arguing that the sentencing changes should be “prospective only,” or applying only to death penalty cases moving forward.

    Should the Florida Supreme Court agree the new law should not be applied to old cases, re-sentencings will be canceled for dozens of death row inmates.

    In Charlotte County, a status conference for Stephen V. Smith on Aug. 30 and his re-sentencing scheduled for October were both cancelled. His co-defendant, Dwight Eaglin, had not been scheduled for re-sentencing, but the state has requested an indefinite continuance on his case.

    Smith, 58, and Eaglin, 44, both received death sentences for the 2003 murders of fellow inmate Charles Fuston and correctional officer Darla Lathrem. Both men were serving life sentences at Charlotte Correctional Institution when they committed the murders during a botched escape attempt.

    In the penalty phase, a death sentence was recommended for Smith by a jury split 9-3. For Eaglin, the split was 8-4.

    In a motion to continue Smith’s re-sentencing, Assistant State Attorney Daniel Feinberg wrote, “Should the Florida Supreme Court decide the pending litigation in the favor of the State... the defendant would not be entitled to a re-sentencing, and the pending hearing set to begin October 13, 2019 would be unnecessary.”

    Kevin Shirley, who is defending Smith along with Ermacora, said both the defense and the state are ready to go when the decision is made.

    “Right now, we’re just treading water, waiting to find out whether we can do our job,” he said.

    Shirley and Ermacora both said the unanimous jury requirement should be applied to old cases.

    “Anybody on death row, sentenced to death without it being a unanimous jury recommendation, should get a new hearing,” Ermacora said. “It shouldn’t matter when you got that death penalty... My true feeling is there shouldn’t be a death penalty period. If there’s going to be one, certainly it should be a unanimous recommendation.”

    The attorneys hope in a new re-sentencing, they would achieve a similar or better outcome than the 9-3 split in Smith’s prior sentencing, though only one juror voting against the death penalty would be needed.

    “As long as you’ve got one, you win, unlike the old days,” Ermacora said. “It’s got to be unanimous. ... The judge can’t overrule it anymore, so as long as you get one.”

    It’s unclear when the Florida Supreme Court will make a decision on the issue. A status conference for Smith has been set for Nov. 15 at 8:30 a.m. at the Charlotte County Justice Center. Eaglin has a status conference on Jan. 24, 2020.

    https://www.yoursun.com/charlotte/ne...266c70367.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

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #6
    Senior Member CnCP Legend Mike's Avatar
    Join Date
    Jun 2015
    Location
    Pennsylvania
    Posts
    4,795
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •