The Commission on Capital Cases updates this information regularly.  This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

 

KELLEY, William Harold (W/M)

DC#    093417

DOB:  12/08/42

 

­­­Tenth Judicial Circuit, Highlands County Case# CR81-535

Sentencing Judge:  The Honorable E. Randolph Bentley, Jr.

Attorney, Trial:  William Kunstler, Jack Edmund – Assistant Public Defender

Attorney, Direct Appeal:  Barry Haight, Donald Ferguson – Private

Attorney, Collateral Appeals:  Christine R. Davis & David Loftis – Private

 

Date of Offense:  10/03/66

Date of Sentence:  04/02/84

 

Circumstances of the Offense:

 

William Harold Kelley was convicted of the murder of Charles Von Maxcy.  He was hired to kill him by Charles Von Maxcy’s wife, Irene Von Maxcy and her lover, John Sweet.  On 10/03/66, Charles Von Maxcy was fatally stabbed and shot in his residence by Kelley. Irene Von Maxcy and Sweet planned to live together off of the victim’s inheritance, which was over a million dollars.

 

After Sweet was released due to insufficient evidence, the case remained dormant for over 10 years.  In 1981, Sweet became involved in illegal mob activity in Massachusetts.  Upon being questioned by the police, Sweet offered testimony on the murder of Von Maxcy in return for immunity. Kelley’s prosecution was based mainly on this testimony.

 

Kelley’s first trial ended in a mistrial because the jury was unable to reach a verdict.  Kelley’s second trial began in March of 1984 and resulted in a guilty verdict on first-degree murder, with a recommendation for the death penalty.

 

Codefendant Information:

 

Sweet was originally indicted and tried for the murder of Charles Von Maxcy.  His first trial ended in a mistrial.  In the second trial, he was convicted and sentenced to life imprisonment.  Irene Von Maxcy later recanted her testimony regarding Sweet’s involvement in the murder, and Sweet’s sentence was reversed on appeal.  Irene Von Maxcy served four and a half years for perjury. 

 

Trial Summary:

 

12/16/81          Indicted as follows:

                                    Count I:           First-Degree Murder (Charles Von Maxcy)   

03/30/84          Jury returned guilty verdicts on all counts of the indictment.

04/02/84          Jury recommended death by a vote of 8-4.

04/02/84          Sentenced as follows:

                                    Count I:           First-Degree Murder (Charles Von Maxcy) – Death

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 65,134

486 So.2d 578 (Fla. 1986)

 

04/02/84          Appeal filed

04/10/86          FSC affirmed the convictions and sentence

05/19/86          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 86-106

486 So 2d 578

 

07/09/86          Petition filed

10/06/86          Petition denied

 

State Circuit Court – 3.850 Motion

CC# CR81-535

 

11/30/87          Motion filed

09/06/88          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 73,088

569 So. 2d 754 (Fla. 1990)

 

09/08/88          Appeal filed

09/06/90          Denial of 3.850 affirmed

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 77,708

597 So. 2d 262 (Fla. 1992)

 

04/08/91          Petition filed     

03/12/92          Petition denied

05/26/92          Rehearing denied

 

United States District Court, Southern District – Petition for Writ of Habeas Corpus

USDC# 92-14246

222 F. Supp.2d 1357 (2002)

 

10/02/92          Petition filed

09/19/02          Petition granted, remanded for retrial

 

United States Court of Appeals – Petition for Writ of Habeas Corpus Appeal

USCA# 03-10513

377 F.3d 1317

 

08/15/03          Appeal filed

06/23/04          Reversed USDC’s decision granting Habeas petition

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 03-1903

874 So.2d 1192 (Fla. 2004)

 

10/24/03          Petition filed

05/04/04          Petition denied

 

State Circuit Court – 3.853 Motion (DNA)

CC# CR81-535

 

01/18/06          Motion filed

06/06/06          Evidentiary hearing held

06/29/06          Order denying Kelley’s 3.853 Motion.

 

Florida Supreme Court – 3.853 Appeal

FSC# 06-1574

974 So.2d 1047

 

08/08/06          Appeal filed

10/25/07          Denial affirmed

11/09/07          Motion for Rehearing filed

02/04/08          Rehearing denied

02/20/08          Mandate issued

 

State Circuit Court – 3.851 Motion

CC# CR81-535

 

05/09/07          Motion filed

12/20/07          Motion denied

01/04/08          Motion for Rehearing filed

02/05/08          Rehearing denied

 

Florida Supreme Court – 3.851 Appeal

FSC# 08-608

3 So.3d 970

 

03/27/08          Appeal filed

01/22/09          Disposition affirmed, Appeal denied

02/06/09          Motion for Rehearing filed

02/25/09          Rehearing denied

03/13/09          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 08-1083

3 So.3d 970

 

06/10/08          Petition filed

01/22/09          Petition denied

02/06/09          Motion for Rehearing filed

02/25/09          Rehearing denied

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-53

130 S.Ct. 397

 

07/17/09          Petition filed

10/13/09          Petition denied

 

Clemency Hearing:

 

02/10/88          Denied

 

Factors Contributing to Delay in the Imposition of the Sentence:

 

It took approximately ten years for the United States District Court to grant Kelley’s Habeas petition.  The delay was due to Kelley’s abundant amount of hearings, three changes of attorney and motions to extend time.

 

 

Case Information:

 

Kelley filed his Direct Appeal to the Florida Supreme Court on 04/02/84.  Kelley contended that evidence that could have been used in his defense was destroyed five years before his indictment which violated his due procedural rights.  Error occurred in allowing a witness to testify about an alleged conversation, failing to answer a question addressed to the court by the jury during its deliberations, and violating his sixth amendment right of effective assistance of counsel.  Kelly also contended improper instruction to jurors regarding note-taking, violations of his Miranda rights and that misleading comments were made by the judge during jurors’ deadlock instructions.  The Florida Supreme Court affirmed the conviction and sentence on 04/10/86. 

 

On 07/09/86, Kelley filed a petition for Writ of Certiorari to the United States Supreme Court.  The petition was denied on 10/06/86.

 

Kelley filed a 3.850 Motion to the Circuit Court on 11/30/87.  On 09/06/88, the motion was denied.

 

On 09/08/88, Kelley filed a 3.850 Appeal to the Florida Supreme Court, which was denied on 09/06/90.

 

On 04/08/91, a Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court.  On 03/12/92, the petition was denied.  A motion for rehearing was denied on 05/26/92.

 

On 10/02/92, a Petition for Writ of Habeas Corpus was filed to the United States District Court, Southern District.  The petition was granted because of numerous nondisclosures of material and exculpatory evidence by the state which was needed to establish Brady violations.  The cumulative effect of the Brady violations prejudiced Kelley and warranted a new trial.  On 09/19/02, the petition was granted and the case was remanded for a new trial.

 

On 08/15/03, the State appealed the decision of the United States District Court to the United States Court of Appeals.  The Court held that the failure to disclose certain documents did not violate Brady, individually or cumulatively, and therefore reversed the United States District Court’s decision granting habeas petition on 07/23/04.

 

On 10/24/03, a Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court. The petition was denied on 05/04/04.

 

On 01/19/06, Kelley filed a 3.853 Motion (DNA) to the Circuit Court.  The evidentiary hearing was held on 06/06/06.  On 06/29/06, the lower court issued an order, denying Kelley’s 3.853 Motion.

 

On 08/08/06, Kelley filed a 3.853 Appeal to the Florida Supreme Court.  On 10/25/07, the Florida Supreme Court issued an opinion affirming the circuit court’s denial of Kelley’s motion for postconviction DNA testing.  Kelley filed a Motion for Rehearing in the Florida Supreme Court on 11/09/07 which was denied on 02/04/08.  On 02/20/08, the Florida Supreme Court issued a mandate commanding proceedings be had in accordance with the 10/25/07 opinion.

 

On 05/09/07, Kelley filed a 3.851 Motion in the State Circuit Court.  This motion was denied on 12/20/07.  On 01/04/08, Kelley filed a Motion for Rehearing, which was denied on 02/05/08.

 

On 03/27/08, Kelley filed a 3.851 Appeal to the Florida Supreme Court.  On 01/22/09, the Florida Supreme Court affirmed the disposition of the lower court and denied the appeal.  On 02/06/09, Kelley filed a Motion for Rehearing, which was denied on 02/25/09.  The Florida Supreme Court issued a mandate in this case on 03/13/09.

 

On 06/10/08, Kelley filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.  On 01/22/09, the Florida Supreme Court denied the Habeas Petition.  On 02/06/09, Kelley filed a Motion for Rehearing, which was denied on 02/25/09.

 

On 07/10/09, Kelly filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 10/13/09.

 

________________________________________________________________________

 

Report Date:   10/08/04          DDK

Approved:       10/08/04          JFL

Updated:         02/02/10          EMJ