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Michael Anthony Tanzi - Florida Death Row
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Thread: Michael Anthony Tanzi - Florida Death Row

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    Michael Anthony Tanzi - Florida Death Row




    Summary of Offense:

    Michael Tanzi was convicted and sentenced to death for the murder of Janet Acosta. During her lunch hour on April 25, 2000, Janet Acosta was seated inside her van with the window rolled down, reading a book at the Japanese Gardens in Miami, Florida. At the same time, Tanzi was stranded in Miami with no means of returning to his home in Key West. Tanzi approached Acosta’s van, asking her for a cigarette and the time. When Acosta was distracted, Tanzi punched her repeatedly in the face and gained entry into the van. Holding her wrist and threatening her with a razor blade, he drove the van to Homestead, Florida.

    When they reached Homestead, Tanzi stopped at a gas station where he bound and gagged Acosta with materials found in her van. He took 53 dollars in cash, purchased cigarettes and a soda, and took Acosta’s bank card. He also forced Acosta to perform oral sex but stopped her from continuing because her teeth were loose from the earlier beating. Tanzi continued driving on to Tavernier in the Florida Keys.

    In Tavernier, Tanzi stopped at approximately 5:15 p.m. to withdraw money from Acosta’s account using her personal identification number. Soon thereafter, he stopped again at a hardware store to purchase duct tape and razor blades. At approximately 6:30 p.m., they arrived at Sugarloaf Key. It was there that Tanzi decided he would have to eliminate Acosta as she was impeding his progress and leaving her alive would result in his swift capture. He drove to an isolated area in Cudjoe Key, told her he was going to kill her, and began to strangle her. He stopped to place duct tape over her mouth, nose, and eyes in an attempt to quiet her and then strangled her until she expired. Tanzi then left Acosta’s body in a wooded area.

    Tanzi then drove to Key West, where he used Acosta’s ATM card, smoked marijuana, and visited friends. He had planned to purchase more drugs with her money and to alter the appearance of the van, but the police found Acosta’s van after her friends had reported her missing. When the police approached Tanzi about the van, he had receipts in his pocket documenting his use of Acosta’s ATM card and told the police that he “knew what this was about.” He waived his rights and began confessing to the assault, abduction, robbery, sexual battery, and murder of Janet Acosta.

    He repeated his confession in great detail on audio and videotape. He also showed the police where he had left Acosta’s body and where he had disposed of the duct tape and rope.

    Tanzi was sentenced to death in Monroe County on February 19, 2003.

  2. #2
    Administrator Heidi's Avatar
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    Case Information:

    Tanzi filed a Direct Appeal to the Florida Supreme Court on 03/16/05. There were six issues raised. First, Tanzi claimed that the trial court erred in denying Tanziís motion to withdraw his guilty plea. Second, he argued that the trial court erred in permitting questions regarding lack of remorse. Third, Tanzi claimed that the trial court erred in permitting impeachment of Tanziís expert witness by a specific and unrelated act of misconduct. Fourth, he argued that the trial court erred in admitting Tanziís confession to sexual battery. Fifth, Tanzi claimed the trial court erred in assessing the murder in the course of a felony aggravator twice. Sixth, he argued that the trial court did not properly consider and weigh mitigation evidence. The Court affirmed Tanziís conviction and death sentence on 05/10/07. On 05/25/07, Tanzi filed a Motion for Rehearing, which was denied on 08/27/07. The Florida Supreme Court issued a mandate on 09/12/07.

    On 11/26/07, Tanzi filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 02/19/08.

    On 02/18/09, Tanzi filed a 3.851 Motion in the Circuit Court. This motion was denied on 03/24/10.

    Tanzi filed an appeal of the 3.851 Motion in the Florida Supreme Court on 04/30/10. This appeal is currently pending.

    Tanzie filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/13/11. This petition is currently pending.

  3. #3
    Senior Member CnCP Legend JLR's Avatar
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    Oral arguments were held on 2nd of November.

    http://www.floridasupremecourt.org/p.../oa11-11.shtml

    You can find the briefs here.

    http://www.floridasupremecourt.org/p...807/index.html

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    MICHAEL A. TANZI v STATE OF FLORIDA, and KENNETH S. TUCKER, etc

    In today's opinions, the Florida Supreme Court AFFIRMED the denial of Tanzi‘s postconviction motion and DENIED his habeas petition.
    An uninformed opponent is a dangerous opponent.

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

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    Administrator Moh's Avatar
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    On July 27, 2012, Tanzi filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...v10066/404545/

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    Death row inmate denied new trial

    A man on death row for kidnapping, raping and murdering a Miami woman before dumping her body in Cudjoe Key more than a decade ago will not get a new trial, a federal appellate court has ruled.

    U.S. District Court Judge William P. Dimitrouleas declared Wednesday that Michael Tanzi was properly represented by attorneys in his trial in Key West 10 years ago, according to a 28-pageruling Chief Assistant State Attorney Manny Madruga received Thursday.

    Tanzi was convicted of first-degree murder for the April 2000 kidnapping, beating, robbing, raping and murdering of Janet Acosta, a Miami Herald employee.

    It’s expected to be the first in a string of federal appeals available to Tanzi, who now will probably appeal the district court’s ruling to the U.S. 11th Circuit Court of Appeals in Atlanta, Ga.

    If that court denies his argument, Tanzi’s last shot at avoiding death would be up to the U.S Supreme Court.

    Tanzi has already exhausted his appellate options at the state level, Madruga said Thursday.

    In January 2010, Tanzi tried to convince Monroe County circuit Judge Garcia that his death sentence should be thrown out because he was poorly represented at his trial, molested as a child, crushed by the death of his father, and has psychological issues.

    It is not uncommon for death row inmates to make such arguments in an attempt to avoid the death penalty, Madruga said on Thursday.

    “Defense counsel did not demonstrate that trial counsel acted outside the broad range of acceptable professional behavior,” Garcia wrote in his ruling. Tanzi’s attorneys called doctors, social workers, neighbors and others to testify on his behalf, including some medical experts who suggested that because Tanzi has an extra Y chromosome, he has a propensity for heightened testosterone levels and more violent behavior.

    http://secure.keysnews.com/enews/cit...TOKEN=23690659
    An uninformed opponent is a dangerous opponent.

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

  7. #7
    Admiral CnCP Legend JT's Avatar
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    Quote Originally Posted by Heidi View Post
    including some medical experts who suggested that because Tanzi has an extra Y chromosome, he has a propensity for heightened testosterone levels and more violent behavior.
    Nonsense. Pull the other one...
    "I have adopted the Italian way of life... I may stab you!"
    ó Heidi

    "You make the British Lion seem like a declawed, toothless, neutered fat tabby with the mange."
    ó Weidmann1939

    "Maybe you think your being clever."
    ó Weidmann1939

  8. #8
    Administrator Moh's Avatar
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    On May 28, 2013, Tanzi filed an appeal before the US Court of Appeals for the Eleventh Circuit over the denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir...ca11/13-12421/

  9. #9
    Administrator Heidi's Avatar
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    MICHAEL ANTHONY TANZI v SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

    In today's opinions, the Eleventh Circuit Court of Appeals AFFIRMED the district court's denial of Tanzi's petition for habeas relief.
    An uninformed opponent is a dangerous opponent.

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

  10. #10
    Administrator Moh's Avatar
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    On January 22, 2015, the US Court of Appeals for the Eleventh Circuit DENIED Tanzi's petition for en banc rehearing.

    http://www.supremecourt.gov/Search.a...s\14-10416.htm

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