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Mark Allen Twilegar - Florida
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Thread: Mark Allen Twilegar - Florida

  1. #1
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    Mark Allen Twilegar - Florida




    Facts of the Crime:

    Mark Twilegar was living in a tent in the backyard of Britany and Shane McArthurs house in Fort Myers during the Spring of 2002. He worked as a handyman for the McArthurs so he did not have to pay rent. In June of 2002, the McArthurs moved out. In September, Britanys younger brother, Spencer Hartman, moved in.

    Twilegar also occasionally worked as a handyman for David Thomas, an attorney who also managed rental property. On August 2, 2002, both Thomas and Twilegar traveled to Montgomery, Alabama, where Twilegar agreed to help install a deck on a house Thomas owned. Thomas informed his wife that he and Twilegar would be gone six to eight weeks. On the morning of August 6, 2002, Thomas took out $25,000 in cash from his account at a bank in Montgomery, which was supposedly for buying a house at an auction, and rented a car. Thomas called his girlfriend, Valerie Bisnett Fabina, to inform her that he and Twilegar would be returning to Fort Myers that night. Thomas and Twilegar were last seen by Thomass neighbor in Montgomery at 3:00 p.m. that afternoon.

    On August 7, 2002, Thomas visited with Fabina at her job around 7:00 or 7:30 p.m. and returned to her the key card from the motel where they had spent the night the prior evening. Fabina noticed a large amount of cash in Thomas wallet, and he explained that it was to be used to buy a truck for Twilegar to use while on the job in Montgomery. They arranged to meet later that night at the motel, but Fabina never saw or heard from him again. Thomas also spoke with his wife, Mary Ann Lehman, around 9:00 p.m., and they had plans to speak again in the morning. She never heard from or saw him again either.

    Later that night, Twilegar went to Jennifer Morrisons house, where his mother was staying. Morrison drove Twilegar to the 7-Eleven and Walmart to purchase cell phones and various supplies. Morrison went to bed upon their return to the house. Twilegar and his mother were gone the next morning.

    Prior to Hartmans moving in, he had been renovating his sisters house. One afternoon he noticed Twilegar digging in the backyard on the far side of his tent. Several minutes later, Twilegar informed Hartman that a man would be stopping by to drop off a couple of pounds of marijuana; however, the man would not come by if he saw Hartman there. Twilegar offered him an ounce of marijuana or $100 if he would not be present while the drop-off occurred. Hartman left and returned the next day to find that Twilegar left him $100. Twilegar was gone with his possessions, including a shotgun, and Hartman found Twilegars tent smoldering in the incinerator in the backyard.

    After the disappearance of Thomas and Twilegar had been made known to the public on September 26, 2002, Hartman went to the spot where Twilegar had been digging. Underneath a couch Twilegar had used to cover the area were palm fronds covering freshly dug dirt. Plywood, cinder blocks, and a car ramp were all beneath the dirt. He dug several feet until he smelled a foul odor and then called the police who discovered Thomas body.

    It was discovered that Thomas died from a single shotgun blast to his upper right back, which was fired at close range. Sand was found in his larynx, indicating he was still breathing, but not necessarily conscious at the time he was buried. He was wearing the same clothes that he had on when he last saw Fabina; however, his wallet was missing. The date of death could not be determined, because the body had severely decomposed. The shotgun was never recovered, but the several 12-gauge shells and a shovel with a broken handle were found in the area. Thomas rental car key fob was found about 100 feet from his body. The rental car had been found earlier, and it was burned in a remote area of Lee County.

    Twilegar was found in a campground in Greenville, Tennessee, where he had been living since August 21, 2002. He was apprehended on September 20, 2002 for a charge unrelated to Thomas murder, but made several incriminating calls while incarcerated that may have also aided in his conviction and sentence for the murder of Thomas.

    Twilegar was sentenced to death in Lee County on August 14, 2007.

  2. #2
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    January 7, 2010

    Death-sentence appeal denied for Mark Twilegar

    TALLAHASSEE — The Florida Supreme Court denied a death-sentence appeal Thursday in the case of a Fort Myers man who refused to let lawyers show mitigating facts that might have kept him off of Death Row.

    After being found guilty of murder, the court said, Mark Twilegar waived a jury in the penalty phase of his trial. The ruling said he stated, "I would rather do the death penalty and just get it over with." He filed an affidavit saying presentation of mitigating factors would violate his right to privacy, amount to an admission of guilt and violate his religious rights.

    Twilegar was convicted of fatally shooting David Thomas in Fort Myers on Aug. 7, 2002.

    On appeal, the high court also rejected claims that evidence was not sufficient to convict Twilegar or to show premeditation.

    Capital cases in Florida are tried in separate guilt and penalty phases. Aggravating and mitigating circumstances are argued in the second part and juries recommend life or death penalties.

    But the Supreme Court said Twilegar refused to meet with a psychiatrist or mitigation specialist and forbade his lawyers to interview family and friends about his background. The court cited evidence indicating he was intelligent, no history of mental illness and that his lawyers were ready with written arguments for a life sentence if he had allowed them to proceed.

    "We conclude that Twilegar’s waiver of a penalty-phase jury, waiver of investigation into mitigation and waiver of the presentation of mitigation were knowing, intelligent and voluntary," said the unanimous court.

    http://www.news-press.com/article/20...038/1002/RSS01

    Opinion is here:

    http://www.floridasupremecourt.org/d.../sc07-1622.pdf

  3. #3
    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, Twilegar's petition for a writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.

    Order here

  4. #4
    Administrator Heidi's Avatar
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    MARK A. TWILEGAR vs. THE STATE OF FLORIDA

    In today's opinions, the Florida Supreme Court DENIED Twilegar's motion to vacate a judgment of conviction of first-degree murder and a sentence of death under Florida Rule of Criminal Procedure 3.851.
    An uninformed opponent is a dangerous opponent.

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

  5. #5
    Administrator Moh's Avatar
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    On October 2, 2015, Twilegar filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/fl...cv00610/315724

  6. #6
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Twilegar's petition for certiorari.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC17-839)
    Decision Date: November 2, 2017

    https://www.supremecourt.gov/search....c/17-8236.html

  7. #7
    Senior Member CnCP Legend Mike's Avatar
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    Judicial Review isn't in the Constitution.

  8. #8
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    Twilegar confessed to a different murder while on death row. Is execution stayed until his appeal
    is exhausted, or can the state execute him while he has remaining appeal rights in the "different murder"?

  9. #9
    Senior Member Frequent Poster Ted's Avatar
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    He died last year, so I doubt he’ll be getting a lethal injection.
    Violence and death seem to be the only answers that people understand.

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