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 on for statistical or legal purposes.

 

BOOKER, Stephen Todd (B/M)

DC # 044049

DOB: 09/01/53 

 

Eighth Judicial Circuit, Alachua County, Case #77-2332 CF

Sentencing Judge: The Honorable John J. Crews

Resentencing Judge: The Honorable Robert P. Cates

Trial Attorney: Stephen Bernstein – Assistant Public Defender   

Attorney, Direct Appeal: Stephen Bernstein – Assistant Public Defender

Attorney, Resentencing Direct Appeal: David A. Davis – Assistant Public Defender

Attorney, Collateral Appeals: Harry Brody – Registry

 

Date of Offense:                     11/09/77

Date of Sentence:                   10/20/78

Date of Resentencing:            06/25/98

 

Circumstances of Offense:

 

Stephen Todd Booker was convicted and sentenced to death for the murder of 94-year-old Lorine Demoss Harmon on 11/09/77.

 

The elderly victim was found in her Gainesville apartment with two large knives embedded in her body.  Medical examiners reported the cause of death as being a loss of blood due to numerous stab wounds in the upper body region. Medical examiners also discovered blood and semen in the victim’s vaginal tract, concluding that sexual intercourse had taken place prior to the murder.  Harmon’s apartment appeared to be thoroughly searched, dresser drawers were pulled out and their contents scattered about.

 

Investigators recovered fingerprints, footprints and hair at the crime scene that linked Booker to the murder. After his arrest, Booker began speaking as an alternate personality named “Aniel.”  Upon questioning, Aniel implicated Stephen (Booker) in the crimes.


Additional Information:

 

Booker was convicted of robbery in 1974 and was on “Mandatory Conditional Release” when he murdered Harmon.  Following his murder conviction, Booker was charged and convicted of aggravated battery for burning a correctional officer at Florida State Prison in 1981.  On 06/08/81, he was sentenced to 15 years for that offense.

 

Booker’s sanity was in question from the time he was arrested through the trial proceedings.  The court appointed numerous psychiatrists to examine Booker, and he was found to be sane when he committed the murder and competent to stand trial.  Booker was not diagnosed with Dissociative Identity Disorder (formerly known as Multiple Personality Disorder), and experts believe that the “Aniel” alternate personality Booker displayed after arrest was fabricated, self-serving behavior.

 

Trial Summary:

 

11/10/77          Defendant arrested.

12/02/77          Defendant indicted on:

                                    Count I:           First-Degree Murder

                                    Count II:         Sexual Battery

                                    Count III:        Burglary

12/13/77          Defendant entered a plea of “not guilty” on all counts.

06/21/78          The jury found the defendant guilty on all counts.

06/22/78          Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty. 

10/20/78          The defendant was sentenced as followed:

                                    Count I:           First-Degree Murder - Death

                                    Count II:         Sexual Battery – 55 years

                                    Count III:        Burglary - 30 years

01/14/91          The United States Court of Appeals for the 11th Circuit affirmed the District Court’s decision to grant Booker’s Petition for Writ of Habeas Corpus, and his case was remanded

for resentencing.

03/27/98          Upon advisory sentencing, the new jury, by an 8 to 4 majority, voted for the death penalty.

06/25/98          The defendant was resentenced as followed:

                                    Count I:           First-Degree Murder - Death

                                    Count II:         Sexual Battery – 55 years

                                    Count III:        Burglary – 30 years


Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #55,568

379 So. 2d 910

 

11/21/78          Appeal filed.

03/19/81          FSC affirmed the convictions and sentence of death.

06/02/81          Rehearing denied.

08/14/81          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #81-5086

454 U.S. 957

 

07/20/81          Petition filed.

10/19/81          Petition denied.

 

Circuit Court – 3.850 Motion

CC #77-2332

 

04/13/82          Motion and application for stay of execution filed.

04/14/82          Motion and stay denied without evidentiary hearing.

 

Florida Supreme Court – 3.850 Appeal

FSC #61, 947

413 So. 2d 756

 

04/15/82          Appeal filed.

04/19/82          Denial affirmed.

 

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

 USDC #82-831

 

04/13/82          Petition and application for stay of execution filed.

04/19/82          USDC denied the application for a stay of execution orally.

04/20/82          USDC denied the petition.

 

United States Court of Appeals, 11th Circuit – Habeas Corpus Appeal

USCA #82-5468

703 F. 2d 1251

 

04/19/82          Appeal filed.

04/25/83          USCA affirmed the denial of the Petition for Writ of Habeas Corpus.

06/06/83          Rehearing denied.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #83-5181

464 U.S. 917

 

08/01/83          Petition filed.

10/17/83          Petition denied.

 

Circuit Court – 3.850 Motion and Application for Stay of Execution

CC #77-2332

 

11/08/83          Motion and application for a stay of execution filed.

11/14/83          Evidentiary hearing held to explore Booker’s claim of ineffective counsel.

11/16/83          Motion denied.

 

Florida Supreme Court – 3.850 Appeal, Petition for Writ of Habeas Corpus, Petition for Writ of Mandamus

FSC #64,517, 64,518, 64,519

441 So. 2d 148

 

11/15/83          3.850 Appeal filed.

11/15/83          Petition for Writ of Habeas Corpus filed.

11/15/83          Petition for Writ of Mandamus filed.

11/17/83          FSC affirmed the Circuit Court’s denial of the 3.850 Motion and stay of execution.  FSC concurrently denied the Petition for Writ

of Habeas Corpus and the Petition for Writ of

Mandamus.  No rehearing allowed.

12/14/83          Mandate issued.

 

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

USDC #83-0103

 

11/16/83          Petition filed.

04/17/84          Petition denied.

 

United States Court of Appeals, 11th Circuit – Habeas Corpus Appeal

USCA #84-3306

764 F.2d 1371

 

05/07/84          Appeal filed.

06/21/85          USCA affirmed the denial of the Petition for Writ of Habeas Corpus.

08/09/85          Rehearing denied.


United States Supreme Court – Petition for Writ of Certiorari

USSC #85-5486

474 U.S. 975

 

09/25/85          Petition filed.

11/04/85          Petition denied.

 

Circuit Court – Motion to Reopen Previous 3.850 and Application for a Stay of Execution

CC #77-2332

 

09/26/85          Motion and application filed.

09/26/85          Evidentiary hearing granted to consider reopening Booker’s second 3.850 Motion and stay granted.

 

Circuit Court – 3.850 Motion and Application for Stay of Execution

CC #77-2332

 

01/10/86          The trial court held an evidentiary hearing to consider reopening Booker’s second 3.850 Motion that claimed ineffectiveness of

counsel. 

01/27/86          The trial court denied all relief.

 

Florida Supreme Court – 3.850 Appeal

FSC #68,239

503 So. 2d 888

 

01/29/86          Appeal filed.

01/05/87          FSC affirmed the decision reached by the trial court.

03/23/87          Rehearing denied.

04/22/87          Mandate issued.

 

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

USDC #86-0031

 

02/25/86          Petition filed.

05/22/86          Petition denied.

 

United States Court of Appeals, 11th Circuit – Habeas Corpus Appeal

USCA #86-3411

825 F.2d 281

 

06/24/86          Appeal filed.

08/05/87          USCA affirmed the denial of the Petition for Writ of Habeas Corpus.

09/25/87          Rehearing denied.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #70,928

520 So. 2d 246

 

07/29/87          Petition filed.

01/14/88          Petition denied.

03/16/88          Rehearing denied.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #87-6487

485 U.S. 1015

 

02/22/88          Petition filed.

04/18/88          Petition denied.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #87-6644

486 U.S. 1061

 

03/18/88          Petition filed.

06/13/88          Petition denied.

 

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

USDC #88-40228

 

06/13/88          Petition filed.

09/16/88          Petition granted.

 

United States Court of Appeals, 11th Circuit – Habeas Corpus Appeal

USCA #88-3751

922 F.2d 633

 

09/16/88          Appeal filed by the State.

01/14/91          USCA affirmed the District Court’s decision to grant Booker’s Habeas Petition.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #90-1778

502 U.S. 900

 

05/14/91          Petition filed by the State.

10/07/91          Petition denied.

 

United States District Court, Northern District – Federal Rule of Procedure 60(b)

USDC #88-40228

 

04/29/93          Independent action filed by the State pursuant to Federal Rule of Civil

Procedure 60(b).

03/21/94          Action denied.

 

United States Court of Appeals, 11th Circuit – Appeal of Rule 60(b)

USCA #94-2536

90 F.3d 440

 

04/22/94          Appeal filed by the State.

07/17/96          USCA affirmed the denial of the State’s action pursuant to Rule 60(b).

 

Florida Supreme Court – Direct Appeal

FSC #93,422

773 So. 2d 1079

 

07/13/98          Appeal filed.

10/05/00          Appeal denied.

12/22/00          Rehearing denied.

01/22/01          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #00-8769

532 U.S. 1033

 

02/28/01          Petition filed.

05/14/01          Petition denied.

 

Circuit Court – 3.850 Motion

CC #77-2332

 

09/26/01          Motion filed.

05/18/04          Motion amended.

01/18/05          Motion amended.

09/16/05          Evidentiary Hearing held and motion denied orally.

12/01/05          Final order denying motion.

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 06-121

969 So.2d 186

 

01/20/06          Appeal filed.

08/30/07          Denial affirmed.

9/18/07            Motion for rehearing.

11/01/07          Rehearing denied.

11/19/07          Mandate issued.

 

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

USDC# 08-143

 

07/07/08          Petition filed.

10/05/10          Petition denied. 

 

United States Court of Appeals, 11th Circuit – Habeas Corpus Appeal

USCA # 10-14966P

(Pending)

 

10/29/10          Appeal filed.

 

 

Warrants:

 

03/21/82          Death Warrant signed by Governor Bob Graham.

04/20/82          United States Courts of Appeals for the 11th Circuit granted a stay of

execution.

 

10/27/83          Death Warrant signed by Governor Bob Graham.

11/17/83          United States District Court, Northern District, granted a stay of

execution.

 

08/22/85          Death Warrant signed by Governor Bob Graham.

09/09/85          United States Court of Appeals for the 11th Circuit granted a stay of

execution.

09/23/85          United States Supreme Court vacated the stay of execution.

09/26/85          State Circuit Court granted a stay of execution.

 

08/11/88          Death Warrant signed by Governor Bob Martinez.

09/16/88          United States District Court, Northern District, granted Booker’s Petition

for Writ of Habeas Corpus and remanded the case for resentencing.

 

Clemency:

 

02/17/82          Clemency hearing held (denied).

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

Stephen Booker has been on death row since 1978.  Following his initial sentencing, Booker filed an onslaught of motions and appeals seeking to vacate his death sentence.  Booker has even been charged with an abuse of writ for unduly filing petitions without bringing up any new points or arguments.  Of the vast number of motions and appeals filed by Booker, none have taken an inordinate amount of time to dispose of. 

 

The United States Court of Appeals for the 11th Circuit affirmed the District Court’s decision to grant Booker’s Habeas Petition in 1991.  Between 1991-1998, there were numerous motions filed in the State Circuit Court regarding Booker’s resentencing.  Specifically, the motions addressed the potential jurors, the evidence to be presented during the penalty phase, and the constitutionality of certain Florida Statutes.  Since he was resentenced to death on 06/25/98, Booker has begun the appellate process again.  His Direct Appeal after resentencing took less than three years to complete, but his 3.850 Motion was pending for four years. 

 

Case Information:

 

On 11/21/78, Booker filed his initial Direct Appeal in the Florida Supreme Court.  In the appeal, Booker argued that the court erred during the penalty phase when it allowed the prosecutor to ask incriminating questions based on privileged information from psychiatric reports.  He also contended that the court erred in permitting a prejudicial and graphic photograph of the victim to be introduced as evidence.  Booker sought the reversal of his conviction of burglary and claimed that the trial court erred in its application of non-statutory aggravating factors.  The Florida Supreme Court affirmed the convictions and sentence of death on 03/19/81 and the mandate was issued on 08/14/81.

 

On 07/20/81, Booker filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 10/19/81.

 

The defendant then filed a Motion to Vacate Judgment and Sentence (3.850) in the Circuit Court on 04/13/82.  Booker contended there were revelations in the case based on new conclusions drawn by a psychiatrist that he suffered from a psychiatric disease at the time of the murder.  That motion was subsequently denied on 04/14/82, after which, Booker filed an appeal in the Florida Supreme Court on 04/15/82.  On 04/19/82, the Florida Supreme Court issued its opinion affirming the denial of the 3.850.

 

Booker proceeded to file a Petition for Writ of Habeas Corpus and an application for stay of execution in the United States District Court, Northern District, on 04/13/82.  The District Court denied the stay orally on 04/19/82 and the petition on 04/20/82.  Next, Booker filed an appeal of the denial of his Petition for Writ of Habeas Corpus in the United States Court of Appeals for the 11th Circuit on 04/19/82.  Booker contended that his right against self-incrimination was not upheld when prosecutors presented privileged information from psychiatric reports during the penalty phase of the trial.  Booker also argued that the introduction of his prior violent behavior as evidence allowed the jury to consider non-statutory aggravating factors.  At the same time, the court limited the non-statutory mitigating circumstances that the jury heard.  The United States Court of Appeals for the 11th Circuit affirmed the denial of the Petition for Writ of Habeas Corpus on 04/25/83.

 

The defendant again filed a Petition for Writ of Certiorari in the United States Supreme Court on 08/01/83.  The petition was denied on 10/17/83

 

Booker filed a 3.850 Motion and an application for a stay of execution in the State Circuit Court on 11/08/83.  On 11/14/83 an evidentiary hearing was held to explore Booker’s claim of ineffective counsel.  The motion was denied on 11/16/83.  The defendant appealed the denial of his 3.850 Motion in the Florida Supreme Court on 11/15/83.  The Florida Supreme court affirmed the denial of the 3.850 Appeal and the stay of execution on 11/17/83.  Booker concurrently filed a Petition for Writ of Habeas Corpus and a Petition for Writ of Mandamus, which were also denied on 11/17/83.

 

On 11/16/83, Booker filed another Petition for Writ of Habeas Corpus in the United States District Court, Northern District.  The petition was denied on 04/17/84, after which Booker filed an appeal of that decision in the United States Court of Appeals for the 11th Circuit on 05/07/84.  The court deemed Booker’s claim of ineffective counsel to be an abuse of writ because he purposefully delayed the assertion when it could have been introduced in his first petition.  Several other claims were barred by procedural default, as they, too, should have been brought up in Booker’s Direct Appeal in the Florida Supreme Court.  The United States Court of Appeal for the 11th Circuit affirmed the denial of the Petition for Writ of Habeas Corpus on 06/21/85.

 

A Petition for Writ of Certiorari was filed on 09/25/85 and subsequently denied on 11/04/85.

 

Booker then submitted a request to reopen his second 3.850 Motion and an application for a stay of execution in the State Circuit Court on 09/26/85.  The court granted an evidentiary hearing to consider reopening Booker’s motion and a stay on 09/26/85.

 

Booker implored the State Circuit Court to reopen his second 3.850 Motion, which claimed ineffectiveness of counsel.  Booker insisted that the court re-examine the case because the decision they reached was based upon false information.  The trial court held an evidentiary hearing on 01/10/86, and concluded that Booker could not adequately prove that fraud was committed upon the court.  The trial court also noted that the filing of successive motions without introducing any new claims constituted abuse of post-conviction relief.  The court, therefore, denied all relief on 01/27/86.  The defendant then appealed the decision not to reopen his second 3.850 Motion to the Florida Supreme Court on 01/29/86.  The Florida Supreme Court affirmed the denial of relief on 01/05/87.

 

Booker again filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern Circuit, on 02/25/86.  Booker also filed action pursuant to Federal Rule of Civil Procedure 60(b).  Booker asked the court to vacate the denials of his first and second federal habeas petitions in lieu of fraudulent testimony given by Stephen Bernstein, the defendant’s prior attorney.  The court denied Booker’s petition on 05/22/86.  Booker swiftly filed an appeal of the decision in the United States Court of Appeals for the 11th Circuit on 06/24/86.  Since Booker could not convincingly prove that Bernstein lied to the court, the United States Court of Appeals agreed with the District Court’s finding that Booker’s third Petition for Writ of Habeas Corpus was indeed an abuse of writ.  The court affirmed the denial of relief on 08/05/87.

 

Booker filed his second state Habeas Petition in the Florida Supreme Court on 07/29/87.  Booker petitioned that he was entitled to relief because the jury was not instructed to consider non-statutory mitigating factors during advisory sentencing proceedings.  The Florida Supreme Court ruled that even though the jury was not given proper instruction regarding the consideration of non-statutory mitigating evidence, such an error was harmless in light of the numerous statutory aggravating circumstances.  The Florida Supreme Court denied the Petition for Writ of Habeas Corpus on 01/14/88.

 

On 02/22/88, Booker filed Petition for Writ of Certiorari in the United States Supreme Court from the United States Circuit Court of Appeals for the 11th Circuit.  The petition was denied on 04/18/88.

 

On 03/18/88, Booker filed another Petition for Writ of Certiorari in the United States Supreme Court from the Florida Supreme Court.  That petition was denied on 06/13/88.

 

On 06/13/88, the defendant filed an additional Petition or Writ of Habeas Corpus in the United States District Court, Northern District.  Booker believed he was entitled to relief under Hitchcock v. Dugger[1].  Specifically, Booker claimed that a Hitchcock error was committed during the penalty phase of his trial when the prosecutor informed the jury that they were only to consider statutory mitigating circumstances.  Booker also contended that his defense counsel would have presented even more mitigating evidence on his behalf had his counsel not believed that the law limited them to statutory evidence.  The United States District Court, Northern District, found the Hitchcock error not to be harmless, as there was no way of predicting what a jury would have recommended if they had heard all mitigating circumstances.  The court granted the Petition for Writ of Habeas Corpus on 09/16/88.  On 09/16/88, the State filed an appeal of the District Court’s ruling in the United States Court of Appeals for the 11th Circuit.  The court affirmed the District Court’s granting of Booker’s Habeas Petition on 01/14/91.

 

On 05/14/91, the State filed a Petition for Writ of Certiorari in the United States Supreme Court.  The petition was denied on 10/07/91.

 

On 04/29/93, the State filed an independent action in the United States District Court, Northern District, pursuant to Federal Rule of Procedure 60(b) urging the court to vacate its judgment and reinstate Booker’s death sentence.  They argued that due to the change in law under Brecht,[2] the State’s burden of proof had been met.  The court denied the State’s request on 03/21/94, citing that the requirements for granting a motion under Federal Rule of Procedure 60(b) demand “extraordinary circumstances,” and Booker’s case did not meet such requirements.  The State appealed this ruling in the United States Court of Appeals for the 11th Circuit on 04/22/94.  The court affirmed the denial of relief pursuant to Federal Rule of Procedure 60(b) on 07/17/96.

 

On 06/25/98, after a new penalty phase before a new jury, Stephen Booker was again sentenced to death for the 11/09/77 murder of Lorine Demoss Harmon.

 

After resentencing, Booker filed his Direct Appeal in the Florida Supreme Court on 07/13/98.  Booker argued that the court erred by failing to instruct the jury on the consecutive sentences he must serve due to prior convictions.  Booker also asserted that the State used a peremptory to discriminatorily remove a potential black woman from the new jury.  Lastly, Booker claimed that the death penalty was disproportional in his case, and that to execute him after having spent 20-plus years on death row would constitute cruel and unusual punishment.  On 10/05/00 the Florida Supreme Court affirmed the new death sentence imposed by the State Circuit Court.

 

Booker filed a Petition for Writ of Certiorari in the United States Supreme Court on 02/28/01.  The petition was denied on 05/14/01.

 

On 09/26/01, Booker filed a 3.850 Motion to Vacate Judgment and Sentence in the State Circuit Court and amended the motion on 05/18/04 and 01/18/05.  An Evidentiary Hearing was held on 09/16/05, and the motion was denied on 12/01/05.

 

Booker filed a 3.850 Motion Appeal in the Florida Supreme Court on 01/20/06 that was denied on 08/30/07.  On 9/18/07 a motion for rehearing was filed, and was denied on 11/01/07.  A mandate was issued on 11/19/07.

 

Booker filed a Petition for Writ of Habeas Corpus with the United States District Court on 07/07/08. This petition was denied on 10/05/10. On 10/29/10, Booker filed an appeal of the District Court’s ruling in the United States Court of Appeals for the 11th Circuit. 

 

Institutional Adjustment:

 

 

DATE             DAYS             VIOLATION                                     LOCATION       

--------              ----                   ----------------------------                         ------------------- 

12/09/78          10                    POSS OF CONTRABAND               FSP

09/29/80          0                      ASSAULTS OR ATTEMPT              FSP

10/15/80          90                    POSS OF WEAPONS                       FSP

05/01/81          0                      DISORDERLY CONDUCT             FSP

06/09/81          0                      DISRESP.TO OFFICIALS             FSP

09/08/82          60                    DISOBEYING ORDER           CENTRAL OFFICE      

02/08/83          0                      DISORDERLY CONDUCT       CENTRAL OFFICE      

03/25/86          15                    UNARMED ASSAULT                    FSP

03/08/87          15                    POSS OF UNAUTH BEV.                FSP

02/11/88          30                    FIGHTING                                         FSP

10/29/88          0                      SPOKEN THREATS                         FSP

07/26/96          0                      UNAUTH USE OF DRUGS            FSP

11/03/96          0                      SEX ACTS                                         FSP

 

________________________________________________________________________

 

11/19/01 – ew

12/03/01 – approved – ws

11/04/10 – updated – jjk

 


[1] The decision found in Hitchcock v. Dugger allowed non-statutory evidence to be heard during sentencing proceedings.

[2] The Supreme Court adopted a new standard under Brecht v. Abrahamson making it less difficult for the State to prove that a constitutional violation did not influence a petitioner’s case.