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.

 

COLE, Loran (W/M)

DC #    335421

DOB:   11/11/66

 

Fifth Judicial Circuit, Marion County, Case #94-00498

Sentencing Judge: The Honorable William T. Swigert

Trial Attorneys: T. Jenkins & D. Gleason – Special Appointed Public Defenders

Attorney, Direct Appeal: Christopher S. Quarles – Assistant Public Defender

Attorney, Collateral Appeals: James Viggiano – CCRC-M 

 

Date of Offense:           02/18/94 

Date of Sentence:         12/20/95         

 

Circumstances of Offense:

 

Loran Cole was convicted and sentenced to death for the murder of John Edwards on 02/18/94.

 

On Friday, 02/18/94, John Edwards met his sister Pam for a weekend camping trip in the Ocala National Forest.  While they were setting up camp in the Hopkins Prairie, Loran Cole stopped by, introduced himself as “Kevin” and helped them get settled.  Later that evening, Cole returned to the Edwards’ campsite with William Paul, who he introduced as his brother, even though the two men were not related.  After sitting around the campfire, the four decided to go for a walk. 

 

While walking, Cole attacked Pam, throwing her to the ground, hitting her on the head and putting her in handcuffs.  At the same time, John began to struggle with Paul.  John took possession of a walking stick that Paul was carrying, and proceeded to beat him with it.  With Pam in handcuffs, Cole helped Paul restrain John and laid him next to his sister on the ground.  While Cole and Paul were robbing the siblings, all John could do was apologize to his sister for having put her in such a dangerous situation.

 

Paul moved Pam up the trail, and Cole stayed behind with John, beating him for hurting his “brother” with the walking stick in the earlier altercation.  Soon Cole joined Paul and Pam, and told them they were going to wait until John passed out.  Cole then went back to where John lay injured and slit his throat, telling Pam that he was only moving John off the trail and tying him up.  John died from a slashed throat and numerous skull fractures.

 

Cole and Paul took Pam back to the campsite where Cole raped her.  The next day, Cole claimed he was going to check on John and told Pam that he was all right.  Cole then raped Pam again, gagged her, and tied her between two trees.  Pam was able to free herself from the ropes on early Sunday morning.  Fearing for her brother’s safety, she stayed put for a while; however, Pam eventually flagged down a motorist who took her to call police.  Cole and Paul were identified from the detailed description Pam gave to police and arrested on 02/21/94.

 

Prior Incarceration History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

03/11/1986

BURGUNOCCSTRUC/CV OR ATT.

11/05/1990

ORANGE

8601608

1Y 1M 0D

03/11/1986

BURGUNOCCSTRUC/CV OR ATT.

11/05/1990

ORANGE

8601608

1Y 1M 0D

03/11/1986

GRAND THEFT MOTOR VEHICLE

11/05/1990

ORANGE

8601608

1Y 1M 0D

01/24/1991

TRAFFIC IN STOLEN PROPERTY

02/14/1992

ORANGE

9100931

5Y 6M 0D

 

 

Codefendant Information: 

 

William Paul pled nolo contendere to charges of First-Degree Murder, two counts of Armed Kidnapping and two counts of Armed Robbery.  He was sentenced to life on all charges on 06/30/95.

 

Trial Summary:

 

02/21/94          Defendant arrested.

03/04/94          Defendant entered a plea of not guilty.

03/10/94          Defendant indicted on:

                                    Count I:            First-Degree Murder

                                    Count II:           Armed Kidnapping

                                    Count III:         Armed Kidnapping

                                    Count IV:         Armed Robbery

                                    Count V:          Armed Robbery

                                    Count VI:         Armed Sexual Battery

                                    Count VII:        Armed Sexual Battery

 

09/28/95          The defendant was found guilty on all counts in the indictment.

09/29/95          Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the

death penalty.

  

12/20/95          The defendant was sentenced as followed:

                                    Count I:            First-Degree Murder - Death

                                    Count II:           Kidnapping - 25 years

                                    Count III:         Kidnapping - 25 years

Count IV:         Armed Robbery - 25 years

Count V:          Armed Robbery - 25 years

Count VI:         Sexual Battery - 25 years

Count VII:        Sexual Battery - 25 years

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #87,337

701 So. 2d 845

 

02/06/96          Appeal filed.

09/18/97          FSC affirmed the convictions and sentence of death, but remanded to the

trial court for re-sentencing on all of Cole’s other felony convictions.

10/29/97          Rehearing denied.

12/01/97          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #97-7697

523 U.S. 1051

 

01/30/98          Petition filed.

03/30/98          Petition denied.

 

State Circuit Court – 3.850 Motion

CC #94-00498

 

06/05/98          Motion filed.

05/24/00          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #SC00-1388

841 So. 2d 409

 

06/28/00          Appeal filed.

01/16/03          FSC affirmed the denial of the motion.

03/18/03          Rehearing denied.

04/17/03          Mandate issued.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #SC01-192

841 So. 2d 409

 

01/29/01          Petition filed.

01/16/03          FSC denied petition.

03/18/03          Rehearing denied.

04/17/03          Mandate issued.

 

State Circuit Court – 3.850 Motion

CC #94-498

 

09/30/03          Motion filed.

11/03/03          Motion denied.

 

Florida Supreme Court – 3.853 DNA Appeal

FSC #SC03-2204

895 So. 2d 398

 

12/08/03          Appeal filed.

11/24/04          FSC affirmed denial of motion.

02/24/05          Rehearing denied.

03/14/05          Mandate issued.

 

State Circuit Court – 3.850 Motion

CC #94-498

 

01/23/04          Motion filed.

01/26/04          Motion stricken.

 

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

USDC# 05-222

 

05/06/05          Petition filed.

05/03/06          USDC denied petition.

 

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

USCA# 06-13090

 

 05/25/06          Appeal filed.

08/02/07          Appeal denied.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #07-7353

128 U.S. 910

 

10/25/07          Petition filed.

01/07/08          Petition denied.

 

State Circuit Court – 3.851 Motion

CC #94-498

(Pending)

 

09/08/10          Motion filed.

03/10/11          Motion denied.

 

Case Information:

 

Cole filed a Direct Appeal in the Florida Supreme Court on 02/06/96.  In that appeal, he argued that the trial court erred in allowing a segment of Pam Edwards’ testimony to be read back to the jury during penalty phase deliberations.  Cole also contended that the court erred in its application of aggravating and mitigating circumstances and in denying his motion for a mistrial when his prior criminal history was mentioned during testimony.  Additionally, Cole argued the denial of his motion to suppress the presentation of evidence seized during his warrantless arrest.  The Florida Supreme Court affirmed the convictions and sentence of death; however, they remanded the other felony convictions for re-sentencing according to sentencing guidelines on 09/18/97.

 

Next, Cole filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 03/30/98.

 

Cole then filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court on 06/05/98.  That motion was denied on 05/24/00, after which he filed an appeal in the Florida Supreme Court on 06/28/00.  Cole also filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/29/01.  On 01/16/03, in an consolidated opinion, the Florida Supreme Court affirmed the denial of Cole’s 3.850 Motion and denied his Petition for Writ of Habeas Corpus.

 

Cole filed a 3.850 Motion in the State Circuit on 09/30/03, which was denied on 11/03/03.  He then filed an appeal of that decision in the Florida Supreme Court on 12/08/03, which specifically addressed DNA issues (3.853 Motion Appeal).  On 11/24/04, the FSC affirmed the denial of the 3.853 Motion. 

 

On 01/23/04, Cole filed another 3.850 Motion in the State Circuit Court, which was stricken on 01/26/04.

 

On 05/06/05, Cole filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District that was denied on 05/03/06. 

 

On 05/25/06, Cole filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit.  This appeal was denied on 08/02/07.

 

Loran filed a Petition for Writ of Certiorari in the United States Supreme Court on 10/25/07 that was denied on 01/07/08. 

 

On 09/08/10, Loran filed a 3.851 Motion in the State Circuit Court.  That motion was denied on 03/10/11.

 

Institutional Adjustment: 

 

 

DATE              DAYS              VIOLATION                                       LOCATION      

04/09/96          60                    POSS OF WEAPONS                        FSP

09/28/03          0                      FAILURE TO COMPLY                    UNION C. I.        

                                                                      

________________________________________________________________________

 

01/16/02 – ew

01/22/02 – approved – ws

03/16/11 – updated – jjk