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. 

 

DOWNS, Ernest (W/M)

DC#    063143

DOB:   08/11/48

 

Fourth Judicial Circuit, Duval County Case # 77-2874

Sentencing Judge: The Honorable Dorothy Pate

Attorney, Trial: Richard Lovett Brown – Private

Attorney, Direct Appeal: Richard Lovett Brown – Private

Attorney, Collateral Appeals: Christopher Anderson – Registry; Robert Grossman, Erica E. Paulson, Scott S. Balber, & Justin Uhlemann- Federal

 

Date of Offense:           04/23/77

Date of Sentence:         01/27/78

Date of Resentence:      02/17/89

 

Circumstances of Offense:

 

Ernest Downs was involved in a murder-for-hire scheme and was paid $5,000 to kill Forrest Harris. 

 

Ron Garelick, a general life insurance agent and business associate of Forrest Harris, obtained a $400,000 insurance policy on Harris' life, naming as beneficiary a jointly-owned Garelick-Harris corporation. Garelick knew John Barfield as a business acquaintance and solicited his help in obtaining individuals to kill Harris for the insurance money. Garelick offered Barfield $125,000 from the insurance proceeds as compensation for arranging the murder. 

 

In April, 1976, Barfield contacted Gerry Sapp and Huey Palmer, two of his former employees, and offered them $10,000 and $25,000, respectively, to kill Harris. They each testified that they refused this offer.

 

In April, 1977, Barfield approached Ernest Downs with an offer of $5,000 to kill Harris.  Downs accepted the offer and enlisted the aid of Larry Johnson to carry out the murder. 

 

On 04/23/77, Downs and Johnson lured Harris to a remote location with a fictitious drug deal.  When Harris arrived, Downs shot Harris four times in the head with a .25 caliber automatic pistol.  After Downs and Johnson dragged the body off into the bushes, Downs fired another shot into Harris’ chest to make sure he was dead. 

 

Codefendant Information:

 

The contract killing was part of a conspiracy that involved four other men, who all had previously failed to kill Harris. Larry Johnson and Huey Palmer, in exchange for testimony, received complete immunity from prosecution or had their charges dropped.  Gerry Sapp accepted a plea bargain and was sentenced to five years imprisonment.  Ron Garelick died in a plane crash two days after Harris’ body was discovered.  The originator of the murder conspiracy, John Barfield, was originally sentenced to death; however, his sentence was later reduced to life imprisonment. 

 

Trial Summary:

 

08/11/77          Indicted as follows:

Count I             First-Degree Murder

Count II           Conspiracy to Commit First-Degree Murder

12/16/77          Jury returned guilty verdicts on all counts of the indictment

12/20/77          Jury recommended a death sentence by a vote of 12-0

01/27/78          Sentenced as follows:

                        Count I             First-Degree Murder – Death

                        Count II           Conspiracy to Commit First-Degree Murder - 30 years

 

09/09/87          FSC granted Petition for Writ of Habeas Corpus and Stay of Execution,

vacated the death sentence, and remanded to the trial court for a new sentencing proceeding

02/03/89          Jury recommended a death sentence by a vote of 8-4

02/17/89          Resentenced to death

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 53,524

386 So.2d 788

 

03/02/78          Appeal filed

05/22/80          FSC affirmed conviction and sentence

09/12/80          Rehearing denied

09/30/80          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 80-5103

449 U.S. 976

 

08/04/80          Petition filed

11/03/80          USSC denied Petition

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 59,865

402 So.2d 609

 

10/24/80          Petition filed

05/19/81          FSC denied Petition without prejudice to allow filing of a 3.850 Motion

 

Circuit Court – 3.850 Motion

CC# 77-2874

 

06/21/82          Motion filed

08/12/83          Motion denied

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 64,184

453 So.2d 1102

 

08/26/83          Appeal filed

06/21/84          FSC affirmed denial of 3.850 Motion

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 66,116

476 So.2d 654

 

11/02/84          Petition filed

08/29/85          Petition denied

 

Florida Supreme Court – Petition for Writ of Habeas Corpus and Stay of Execution

FSC# 71,100

514 So.2d 1069

 

09/08/87          Petition filed

09/09/87          FSC granted Petition and Stay of Execution, vacated the death sentence,

 and remanded for a new sentencing proceeding

 

Florida Supreme Court – Direct Appeal (after resentencing)

FSC# 73,988

572 So.2d 895

 

03/29/89          Appeal filed

09/20/90          FSC affirmed death sentence

01/03/91          Rehearing denied

02/04/91          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 90-7988

502 U.S. 829

 

04/26/91          Petition filed

10/07/91          Petition denied

 

Circuit Court – 3.850 Motion

CC# 77-2874

 

11/30/92          Motion filed

03/13/97          Motion denied

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 90,510

740 So.2d 506

 

05/12/97          Appeal filed

05/20/99          FSC affirmed denial of 3.850 Motion

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 00-2186

801 So.2d 906

 

10/18/00          Petition filed

09/26/01          Petition denied

12/03/01          Rehearing denied

 

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 01-1399

(Pending)

 

12/12/01          Petition filed

08/09/02          Administratively closed until either FSC ruling on Bottoson/King

or Downs’ Ring claims and ineffective assistance claims are decided

03/22/04          Case reopened

10/25/04          USDC dismissed petition

 

03/24/08          Remanded from USCA

 

Circuit Court – 3.850 Motion

CC # 77-2874

 

05/30/03          Motion filed

11/18/03          Motion denied

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 04-345

977 So. 2d 572

 

03/01/04          Appeal filed

12/13/07          FSC affirmed denial of 3.850 motion

12/28/07          Motion for rehearing

03/11/08          Rehearing denied

 

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 05-10210

520 F.3d 1311

 

12/27/04          Appeal filed

03/24/08          Vacated USDC judgment and remanded

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 08-5910

129 S. Ct. 450

 

07/31/08          Petition filed

10/14/08          Petition denied

 

Circuit Court – 3.850 Motion

CC# 77-2874

(Pending)

 

05/21/08          Motion filed

 

Death Warrant Information:

 

08/18/87          Governor Martinez signed a death warrant and execution was

 scheduled for 09/17/87

09/09/87          FSC granted a Stay of Execution

 

Clemency Hearing:

 

06/23/82          Clemency hearing held (denied).

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The delay arises from Downs’ resentencing on 02/17/89, filing of multiple Habeas Petitions, and the 3.850 Motion that was pending from 11/30/92 – 03/13/97.

 

Case Information:

 

Downs filed a Direct Appeal with the Florida Supreme Court on 03/02/78, citing fifteen errors; however, the FSC chose to comment on only one error, finding the other alleged errors to be without merit.  Downs alleged that he was denied an impartial jury, arguing that five jurors were improperly excused for cause because they indicated that they unable to vote for the death penalty, but were able to determine guilt.  The FSC rejected this argument, and on 05/22/80, affirmed Downs’ conviction and sentence. 

 

Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/04/80 that was denied on 11/03/80. 

 

Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/24/80 that was denied without prejudice on 05/19/81 to allow Downs to file a 3.850 Motion with the trial court. 

 

Downs filed a 3.850 Motion with the circuit court on 06/21/82 that was denied on 08/12/83.

 

Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/26/83, citing numerous issues, which the FSC found to be without merit, choosing only to comment on Downs’ claim of ineffective assistance of trial counsel.  The FSC found that Downs’ claim of ineffective assistance of trial counsel was unfounded, and on 06/21/84, the FSC affirmed the trial court’s denial of the 3.850 Motion. 

 

Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 11/02/84, arguing ineffective assistance of appellate counsel.  The FSC found that Downs failed to prove ineffective representation and prejudice to his case, and on 08/29/85, the court denied his Petition. 

 

Downs filed a Petition for Writ of Habeas Corpus and Stay of Execution with the Florida Supreme Court on 09/08/87, arguing that the trial court precluded the jury from considering all mitigating evidence, both statutory and non-statutory, which is contrary to the U.S. Supreme Court’s ruling in Hitchcock v. Dugger (1987).  The FSC agreed with Downs’ argument and on 09/09/87, the court granted the Petition, stayed the execution, vacated the death sentence, and remanded the case to the trial court for a new sentencing proceeding. 

 

A resentencing jury recommended a death sentence by a vote of 8-4, and Downs was

resentenced to death on 02/17/89.

 

Downs filed a Direct Appeal, after resentencing, with the Florida Supreme Court on 03/29/89, citing the following errors: exclusion of testimony of Downs’ grandmother; admission of Johnson’s testimony; exclusion of mitigating circumstances from the jury’s consideration; quashing Downs’ subpoena to question the prosecutor in the original Direct Appeal about plea bargains given to the other conspirators; failure to instruct the jury regarding lingering doubt about Downs as the triggerman; giving the jury a non-statutory aggravating circumstance (future dangerousness); not requiring Downs’ presence in court when answering a question during jury deliberations; lack of discussion about mitigating circumstances in the sentencing order; and disproportionate punishment compared to the other conspirators.  The FSC affirmed the conviction and sentence on 09/20/90. 

 

Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/26/91 that was denied on 10/07/91.

 

Downs filed a 3.850 Motion with the trial court on 11/30/92 that was denied on 03/13/97.

 

Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/12/97, raising fourteen points on appeal, but the FSC only chose to respond to Downs’ claims regarding public records requests, withheld exculpatory evidence, claims of ineffective assistance of counsel, and vague and invalid aggravating circumstances.  On 05/20/99, the FSC affirmed the lower court’s denial of the 3.850 Motion. 

 

Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/18/00, alleging twelve claims of ineffective assistance of counsel.  The FSC denied the Petition on 09/26/01.

Downs filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 12/12/01.  On 08/09/02, the USDC administratively closed the case until either FSC ruling on Bottoson/King or Downs’ Ring claims and ineffective assistance claims are decided.  On 03/22/04, the case was reopened.  On 10/25/04, the USDC dismissed the petition.

 

Downs filed a 3.850 Motion with the circuit court on 05/30/03 that was denied on 11/18/03.   

 

Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/01/04 that is pending. 

 

On 12/27/04, Downs filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, and on 03/24/08 they vacated the lower courts judgment and remanded the case.

 

Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/31/08 that was denied on 10/14/08.

 

Downs filed a successive 3.850 Motion with the Circuit Court on 05/21/08.  This motion is pending.

 

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      

 

11/24/78     60                        POSS OF NARCOTICS                       R.M.C.- MAIN UNIT  

02/23/80     60                        ASSAULTS OR ATTEMPT           R.M.C.- MAIN UNIT  

09/24/80     30                        POSS OF NARCOTICS                       R.M.C.- MAIN UNIT  

02/10/82      0                         POSS OF NEGOTIABLES                   CENTRAL OFFICE     

08/04/82      0                         POSS OF NARCOTICS                       CENTRAL OFFICE     

07/13/90     15                        POSS OF CONTRABAND             FLORIDA STATE PRISON

10/14/94      0                         UNAUTH USE OF DRUGS                UNION C. I.        

05/10/99    119                       REFUSED SUB. ABUSE TEST          UNION C. I.        

05/10/99    180                       POSS OF NARCOTICS                       UNION C. I.        

05/18/99      0                         POSS OF NARCOTICS                       UNION C. I.        

08/15/01     30                        POSS OF CONTRABAND             UNION C. I.       

12/12/03      0                         DISOBEYING ORDER                         UNION C. I.

 

________________________________________________________________________


Report Date:     07/25/02        JFL

Approved:        08/06/02         WS     

Updated:          10/04/10         EMJ