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.
GERALDS, Mark (W/M)
DC# 729185
DOB: 03/29/67
Fourteenth Judicial Circuit, Bay County Case # 89-0495
Sentencing Judge: The Honorable Don T. Sirmons
Attorney, Trial: Robert T. Adams, Jr. – Assistant Public Defender
Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender
Attorney, Collateral Appeals: Linda McDermott – Registry
Date of Offense: 02/01/89
Date of Sentence: 03/26/90
Date of Resentence: 04/13/93
Circumstances of Offense:
On 02/01/89, the eight-year-old son of Tressa and Kevin Pettibone found his mother beaten and stabbed to death on the kitchen floor. Tressa Pettibone had two stab wounds on the right side of her neck and one fatal stab wound on the left side. These stab wounds were consistent with a knife found in the kitchen sink. The medical examiner also found a number of bruises and abrasions on the head, face, chest, and abdomen of the victim that were caused by some form of blunt trauma. According to the medical examiner, the victim’s wrists had been bound with a plastic tie for at least twenty minutes prior to her death. A number of items were missing from the home, including the victim’s car.
Geralds was a carpenter who had helped remodel the Pettibone’s home prior to the murder. Circumstantial evidence connected Geralds to the crime: Geralds knew that Kevin Pettibone was out of town at the time of the crime and Geralds separately asked Tressa Pettibone and the children when Mr. Pettibone would be returning; Geralds pawned jewelry from the Pettibone home that had traces of blood that were consistent with Tressa Pettibone’s blood type, but inconsistent with Geralds’ blood type; Geralds gave the victim’s sunglasses to a friend; Geralds’ shoes were consistent with the shoes used to make tracks on the floor of the Pettibone’s home; and plastic ties used to bind the victim matched ties found in Geralds’ car.
Prior Incarceration History in the State of Florida:
Geralds had an extensive criminal record at the time of the offense. The following is Geralds’ current and prior prison history, covering periods of incarceration with the Florida Department of Corrections since January 1983.
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Current Prison Sentence History: |
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Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
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12/06/1985 |
ACCESSORY AFTER FACT |
03/26/1990 |
BAY |
8601402 |
4Y 6M 0D |
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12/13/1985 |
ACCESSORY AFTER FACT |
03/26/1990 |
BAY |
8601402 |
4Y 6M 0D |
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08/10/1987 |
ACCESSORY AFTER FACT |
03/26/1990 |
BAY |
8701471 |
4Y 6M 0D |
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08/10/1987 |
ACCESSORY AFTER FACT |
03/26/1990 |
BAY |
8701470 |
4Y 6M 0D |
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08/10/1987 |
ACCESSORY AFTER FACT |
03/26/1990 |
BAY |
8701469 |
4Y 6M 0D |
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02/01/1989 |
1ST DEG MUR,COM.OF FELONY |
03/26/1990 |
BAY |
8900495 |
DEATH SENTENCE |
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02/01/1989 |
ROBBERY W/FIREARM OR D/WEAPON |
03/26/1990 |
BAY |
8900495 |
SENTENCED TO LIFE |
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02/01/1989 |
BURGLARY ASSAULT ANY PERSON |
03/26/1990 |
BAY |
8900495 |
SENTENCED TO LIFE |
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02/01/1989 |
GRAND THEFT O/20,000 L/$100,00 |
03/26/1990 |
BAY |
8900495 |
30Y 0M 0D |
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01/15/1990 |
ESCAPE |
09/14/1990 |
BAY |
9000105 |
30Y 0M 0D |
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Prior Prison History: |
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Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
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01/15/1986 |
BURG/DWELL/OCCUP.CONVEY |
11/25/1987 |
BAY |
8600289 |
2Y 0M 0D |
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01/15/1986 |
GRAND THEFT,$300 LESS &20,000 |
11/25/1987 |
BAY |
8600289 |
2Y 0M 0D |
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01/15/1986 |
ACCESSORY AFTER FACT |
12/11/1987 |
BAY |
8601402 |
2Y 0M 0D |
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08/10/1987 |
ACCESSORY AFTER FACT |
12/11/1987 |
BAY |
8701469 |
2Y 0M 0D |
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08/10/1987 |
ACCESSORY AFTER FACT |
12/11/1987 |
BAY |
8701470 |
2Y 0M 0D |
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08/10/1987 |
ACCESSORY AFTER FACT |
12/11/1987 |
BAY |
8701471 |
2Y 0M 0D |
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Trial Summary:
03/15/89 Indicted as follows:
Count I First-Degree Murder
Count II Armed Robbery
Count III Burglary
Count IV Grand Theft Auto
04/06/89 Stood mute at plea. Court entered a plea of not guilty.
02/07/90 Verdict of guilty returned by the jury, and jury recommended death
sentence by a vote of 8-4.
03/26/90 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Armed Robbery – Life Imprisonment
Count III Burglary – Life Imprisonment
Count IV Grand Theft Auto – 30 years
04/30/92 FSC vacated death sentence
03/26/93 Jury recommended death sentence by a 12-0 vote.
04/13/93 Resentenced to death.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 75,938
601 So. 2d 1157
04/30/90 Direct Appeal filed
04/30/92 FSC affirmed conviction, but vacated death sentence
08/17/92 Rehearing denied
09/16/92 Mandate issued
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# 81,738
674 So. 2d 96
05/10/93 Direct Appeal filed
02/22/96 FSC affirmed death sentence
05/20/96 Rehearing denied
06/19/96 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 96-5309
519 U.S. 891
07/24/96 Petition filed
10/07/96 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 89-0495
09/22/97 Motion filed
08/31/01 Motion amended
01/28/02 Motion amended
01/18/06 CC denied motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 06-761
04/24/06 Appeal filed
09/16/10 FSC affirmed decision of lower court
10/01/10 Motion for rehearing
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 07-716
04/17/07 Petition filed
09/16/10 Petition denied
10/01/10 Motion for rehearing
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 09-9453
12/08/09 Petition filed
06/21/10 Petition denied
Factors Contributing to the Delay in Imposition of Sentence:
The 3.850 motion was pending from 09/22/97 – 01/18/06.
Case Information:
Geralds filed a Direct Appeal with the Florida Supreme Court on 04/30/90, citing multiple issues at both the guilt phase and penalty phase of trial: improper denial of two defense challenges for cause, error in denying defendant’s motion for a change of venue, error in denying defense counsel access to field notes used to refresh a state witness’ memory, and improper references to the defendant’s prior criminal record. On 04/30/92, the FSC affirmed the conviction, but vacated Gerald’s death sentence.
On 03/26/93, a new jury recommended the death sentence by a vote of 12-0, and on 04/13/93, Geralds was resentenced to death.
Geralds filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/24/96 that was denied on 10/07/96.
Geralds filed a 3.850 Motion with the Circuit Court on 09/22/97 and amended the Motion on 08/31/01 and 01/28/02. On 01/18/06, the Circuit Court denied the motion.
Geralds filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/24/06. The FSC affirmed the decision of the lower court on 09/16/10. Geralds filed a motion for rehearing on 10/01/10. That motion is pending.
Geralds filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/17/07, and it was denied on 09/16/10. Geralds filed a motion for rehearing on 10/01/10. That motion is pending.
Geralds filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/08/09 that was denied on 06/21/10.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
01/30/92 0 LYING TO STAFF FLORIDA STATE PRISON
03/30/92 15 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
02/07/94 0 POSS OF ESCAPE PARA. UNION C. I.
02/10/94 0 FIGHTING UNION C. I.
06/21/94 0 PART.IN RIOTS UNION C. I.
07/31/94 0 SPOKEN THREATS UNION C. I.
06/06/96 0 SEX ACTS UNION C.I.-MED.FAC.
10/28/97 0 FIGHTING UNION C. I.
11/28/00 0 DISORDERLY CONDUCT UNION C. I.
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Report Date: 07/30/01 JFL
Approved: 10/16/01 WS
Updated: 04/13/11 JJK