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The trial court then found that the aggravators outweighed the mitigation and sentenced Doty to death. WebDoty plead guilty to first degree murder of Xavier Rodriguez. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Ep 7. Doty, who was acting as his own attorney, inquired whether the State would still be seeking the death penalty if he pled guilty, and after learning that the State would still seek that penalty, specifically decided to plead guilty anyway. Although Doty admitted that he was hoping to pull out Rodriguez's heart to make sure he was really dead, the knife was too dull and did not work for that task. The trial court rejected HAC as an aggravator and rejected Doty's proposed mitigation that he had positive attributes that reflected a potential for him to be a contributing member to a prison setting. 0 . Doty sought to dismiss this appeal or limit the advocacy of his appointed appellate counsel in accordance with his stated desire to be executed. Doty also called John Silva, an inmate under the custody of the Florida Department of Corrections who was previously involved in a homosexual relationship with Doty. As 6>q6[_v}>V=vmm{bmmSuldXxV$Y> A|W$+)-[2! Doty wants his execution to happen sooner rather than later and has also expressed the wish to be executed by the electric chair rather than lethal injection. Wayne C. Doty, who at the time of the crime was an inmate at Florida State Prison, confessed to murdering fellow inmate Xavier Rodriguez and later pled guilty to the crime. Rodriguez was scheduled to be released from prison this year. Rodriguez then returned to private practice briefly before being appointed to the United States District Court for the Western District of Texas in San Antonio by President George W. Bush. Doty said he refuses to In this claim, Doty's appointed counsel asserts that the trial court erred in permitting Doty, who was proceeding pro se, to elicit testimony as to Doty's future dangerousness. We reject this claim. HKK@2#v@)iq!{l*6e2$NO)% %SDV[)fAG(=R. The governors 20th execution was Chadwick Banks, who had been convicted of fatally shooting his wife in Gadsden County while she slept in 1991, and then raping his 10-year-old stepdaughter before shooting her in the back of the head. WebDr. Braddy v. State, 111 So.3d 810, 837 (Fla.2012). Doty also called his biological mother, Mary Cole, who testified that Randall took Doty from her when he was about two years old and she had no way to contact her son and did not see him again until he was fifteen years old, at which time Doty already had a problem with alcohol. The penalty phase jury recommended, by a vote of ten to two, that Doty be sentenced to death. Doty's father, Randall Doty, admitted that after he returned from his military service in Vietnam, he became an alcoholic and was abusive towards women. Im not going to stop. Before Doty was two years old, Randall separated from Doty's mother and took Doty with him. Hajianpour, M.D., P.A. Wayne C. Doty v. State of Florida CourtListener.com Dr. Hamilton further testified that he believed the victim was still alive when he was stabbed, but was unconscious and close to death, because the victim lost a small amount of blood from the stab wounds and all of the wounds were located very close together, indicating that the victim was not moving during the stabbing. This direct appeal of the judgment of conviction of first-degree murder and sentence of death follows. ", Wells was "my chain-gang punk," Doty writes. Id. rely on donations for our financial security. Wells ensured that nobody else entered the room, while Doty pulled the body around the desk and began to stab Rodriguez with the homemade knife. He has said he is on a mission for the death penalty. HJ@s3nlj)EW^)_84%C ?705E1/AL&0- $H@0 . Randall was also concerned when Doty was sent to an alternative school because that school had a bad environment that he did not believe was good for Doty. Shelley Ann Conner, another of Doty's stepmothers, testified that Doty suffered a lot of emotional abuse as a child and was exposed to frequent instances of domestic violence, although Doty himself was not abused. All rights reserved. "We've received the inmate's request and we're reviewing it," prison spokesman McKinley Lewis said Thursday. Heres why we need a constitutional amendment on age limits for presidents | Column, What would James Madison think of Gov. Corp., 295 F.3d 1194, 1202 (11th Cir.2002)); see also M.A. However, an inmate has a choice in the way he dies and in this case, Doty has chosen the chair. Not you, not anybody else. 2023 www.naplesnews.com. From Free Law Project, a 501(c)(3) non-profit. In addition, the State presented victim impact testimony. Courtroom Deputy: Ms. Sylvia Ann Fernandez 210-472-6550, ext. Doty reportedly had an accomplice, Brian Lewandowski, who stood watch while he robbed the victim. Whats changed with public opinion on abortion since Roe was overturned? Garron v.. State, 528 So.2d 353, 35859 (Fla.1988). In a handwritten affidavit, Doty wrote: "I'm invoking my right of free will to choose execution by electrocution due to confliction (sic) surrounding executions through lethal injection.". During the 1997 execution of Pedro Medina, who came to Florida from Cuba during the 1980 Mariel boatlift, a mask covering his face caught fire and filled the death chamber with smoke. However, on May 17, 2011, Doty, along with fellow inmate, William Wells, murdered another inmate, Xavier Rodriguez, after planning it for quite some time. denied, 135 S.Ct. Florida is one of eight states, mostly in the South, that have kept the electric chair as a form of capital punishment. So it is my life, it is my crime, it is my means of execution, he said. VI. our Backup, Combined Opinion from Shortly after that death, Doty committed the murder that placed him at FSP, killing his former employer in order to buy drugs. Doty was transferred to Florida State Prison (FSP) and was assigned to the K wing, working as a runner. I think they're alerting, mostly you and the court, that if you go down that path and get to the point where you ask him what you want to ask him, then you are, quote, opening the door, something that maythe State may not be able to get in otherwise That by asking the question about that topic, thatwhat they normally may not be able to get into, you would now have raised the issue, so that's going to allow them to explore that much further and present other evidence possibly that might be different than what you're going to present. The trial court explained that it had already found him competent and simply wanted to explain what the pitfall may be so that Doty could make this strategic decision with his eyes open and with at least some understanding of what's involved in making the decision.. The factual basis for the plea provides competent, substantial evidence to support the conviction for first-degree murder in this case. In the episode titled A Matter of Life and Death, Wayne Doty tells the audience in a very cold, matter-of-fact manner about the multiple crimes that led to his imprisonment. By a vote of ten to two, the jury recommended that Doty be sentenced to death, and the trial court imposed a death sentence after carefully weighing the aggravating circumstances against the mitigating circumstances. Please try again. In addition, the trial court carefully analyzed each statutory mitigator provided in section 921.141, Florida Statutes (2013), and rejected all of the enumerated mitigators because Doty did not submit any evidence to support them. Q: That's the reason I'm asking you that question. He said he has recommended Wells not agree to a deposition by Doty, which Doty, who is representing himself, has requested. Select the best result to find their address, phone number, relatives, and public records. WebDoty was sentenced to death after he pleaded guilty to killing Xavier Rodriguez, a fellow inmate he stabbed and strangled to death while he was serving a life sentence for the Rick Scott can actually sign death warrants that prompt executions. Doty initially was sentenced to life in prison for the fatal shooting of Harvey Horne II, a watchman at a Plant City manufacturing plant, during a drug robbery in 1996. Doty, however, was granted permission pursuant to our precedent in Klokoc to submit a pro se brief, expressing his personal positions and interests with regard to the appeal. "I don't want to be in a position where someone might not make it home to their family," he said. " All rights reserved. at 2 (Fla. July 14, 2014). I'm not going to stop. While in prison Doty tricked fellow inmate Xavier Rodriguez into being tied up before strangling him unconscious The evidence showed that Doty was, at the time of the murder, serving a life sentence for the shooting death of his former employer. Retten tillod Doty at fortstte pro se efter en hring i overensstemmelse med Farretta v. California, 422 U.S. 806 (1975), men udpegede standby-advokat. Citing Doty's first-person testimony at the hearing, the court wrote: "He condemned the juvenile system for failing him and noted that you do not grow out of being ignored, rejected, neglected, abandoned and exposed to the violence of watching your father beat a woman.". Gill killed his cellmate for the purpose of obtaining the death penalty and had previously warned numerous people that he had no intention of spending the rest of his life in prison and would kill again in order achieve this goal. at 96566; see also Kilgore v. State, 688 So.2d 895 (Fla.1996) (holding that the sentence of death was proportional after the defendant stabbed a fellow inmate to death, where the trial court found two aggravators-the defendant was under a sentence of imprisonment at the time of the murder and was previously convicted of a felony involving the use or threat of violence-and weighed those aggravators against two statutory mitigating factors and three nonstatutory mitigating factors). "Do it and plead guilty and be done with it," he said. See, e.g., Ault v. State, 53 So.3d 175, 190 (Fla.2010) (holding that evidence of good conduct in prison can be mitigating in the sense that it might serve as a basis for a sentence less than death). ", "I think his goal is to get put to death as quickly as possible," said Sean Fisher, a private investigator in Gainesville who once worked for Doty. Doty said that he hoped to pull out Rodriguezs heart to make sure he was really dead, but the knife was too dull to do it. He also believes that a chair is a more humane way to die, and personally, he doesnt like needles very much. Contact Steve Bousquet at bousquet@tampabay.com or (850) 224-7263. For all these reasons, we deny this claim. See England v. State, 940 So.2d 389, 407 (Fla.2006); Fla. R.App. At his trial, Doty acted as his own lawyer after a court-appointed psychologist concluded he was In a letter to the Times-Union, Wayne C. Doty calls Wells the "Mayport Coward," a takeoff on Wells' self-proclamation as the "Mayport Monster.". Q: The reason I ask you that question, Lieutenant, is because, obviously, I was a runner when this happened, I have been around your officers, as a matter of fact, I've even cleaned up offices where mental health people are, you know, around them, they felt comfortable with me around them, is that correct? "I think he's nervous about lethal injection being found unconstitutional.". In October 2015, four years after his sentencing, Doty became the first Florida death row inmate to request the electric chair. Further, considering the quantity and quality of other aggravators that were clearly established by the evidence, including the existence of the prior violent felony of murder for which Doty was imprisoned, the fact that Doty was under a sentence of imprisonment, and the careful planning of the murder establishing the CCP aggravator, any error in submitting the aggravator to the jury would be harmless beyond a reasonable doubt. During the direct examination of Dr. Hamilton, the State elicited the following testimony: Q: Could you describe for the jury, Doctor, what a person goes through while they're being strangled, meaning physiologically speaking, what a person goes through? The bottom line is, at the end of the day Im the one that murdered an individual. He also implied he was willing to kill prison staff, if needed. He was confirmed by the United States Senate on July 31, 2003. Moreover, this type of question would require an expert witness to testify in a completely speculative manner. Doty and Wells then tied a ligature around Rodriguez's neck, smoked a cigarette, took showers, and, after they were sure that Rodriguez was really dead, called a sergeant working at the prison and confessed to the crime. Jeb Bush to change the method. at 3 (Canady, J., dissenting). 10th Annual UF Law E-Discovery Conference 0 The trial court mandated a fifteen-minute recess so that Doty could consult with his standby attorney and his mitigation specialist. A: Physiologically and not cognitively you mean? in Judicial Studies, Duke University, Bolch Judicial Institute, expected 2023 J.D., Univ. The clarity of his mind feels disturbing, at times. Campside Media / Sony Music Entertainment, Suspicion | The Billionaire Murders: The hunt for the killers of Honey and Barry Sherman. Appeals court largely backs Florida 2021 election law, overturning federal judge, 6 things to know about the case that will decide the future of abortion in Florida, Defamation bill dead for this Florida legislative session, sponsor says, University official gets prison for defrauding central Florida school. "Are they both trying to create reasonable doubt with the jury?". Inmate Clinton Powers testified about prison life and how prisoners could not afford to have a reputation for being weak or vulnerable. We conclude that this very brief comment does not constitute fundamental error. Louise Godfrey, Doty's mitigation specialist, testified that Doty directed much of the penalty phase investigation himself, and all of the mitigation that she found was presented to the trial court. If you are curious and wondering where he is now and what hes been up to in prison, weve got you covered. Further, Gill presented significant mitigation, including an uncontested mental illness he had since childhood. See acast.com/privacy for more information. This analysis of the claims raised by Doty's appointed attorney follows. He is responsible with his work and commitments at high quality standards. I'll do it again if I've got to. During cross-examination, Doty admitted that he planned the murder for a long time. Florida Death Row inmate becomes states first to demand the Even though he is in prison, Doty still has rights, and the law allows him to choose his preferred method. Copyright 2023 Apple Inc. All rights reserved. The babyface team of Rodriguez and Morgan won by using water, as revenge from Raw, and cheating as Rodriguez helped Morgan pin Green. He tracked down Horne in search of methamphetamine; Doty was 23 at the time. Doty, 38, is the Raiford inmate accused with Wells of killing Xavier Rodriguez in May at Florida State Prison. 42 So.3d at 227. In 1997, Doty was convicted of the crime and sent to prison. His execution is scheduled for Oct. 29 and will be lethal injection. They know what Im talking about. I'll do it again if I've got to.". Specifically, the evidence showed that the victim was aware and conscious when Doty approached him from behind and strangled him to death. The State stressed that it was concerned that Doty was opening the door to prior answers that Doty gave during his confession in which he stated that he could kill again. On the evening of May 17, 2011, Doty obtained the homemade knife, which was hidden in a newspaper, when he assisted in picking up inmate food trays after dinner. In March 1997 Wayne Doty shot his colleague, Harvey Horne II, five times in the face over what Doty claimed was a dispute about drugs.