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.
DESSAURE, Kenneth Louis (B/M)
DC# R05023
DOB: 01/28/78
Sixth Judicial Circuit, Pinellas County Case # 99-15522
Sentencing Judge: The Honorable Brandt Downey
Attorney, Trial: Michael Schwartzberg – Private
Attorney, Direct Appeal: Paul Helm – Assistant Public Defender
Attorney, Collateral Appeals: James Driscoll – CCRC-M
Date of Offense: 02/09/99
Date of Sentence: 10/26/01
Circumstances of Offense:
On 02/09/99, Kenneth Dessaure called 911 to report that he found a naked, dead woman in her apartment hallway. Dessaure told the 911 operator that he went to the apartment of his neighbor, Cindy Riedweg, to borrow some ice, and he discovered the body. Riedweg’s body was lying face down with her arms tucked under her body. The body had fifty-three wounds, including three bruises, fifteen scrapes and pick marks; sixteen superficial cuts; fifteen deeper cuts; and four stab wounds. Multiple stab wounds to the torso and neck were the cause of death.
In a statement to police, Dessaure stated that he saw Riedweg sunbathing as he took out the trash. When he returned to his apartment, he began washing dishes but cut his palm while washing a knife. Dessaure’s ice cube tray was empty, so he went next door to Riedweg’s apartment for some ice. He knocked on the door and yelled for “Cindy,” but the door was unlocked, so he entered the apartment. He found Riedweg lying on the floor and left the apartment.
Forensic analysis of Dessaure’s clothing yielded blood stains that matched Riedweg’s DNA profile, and a towel and comforter from Riedweg’s apartment tested positive for semen that was matched to Dessaure. A blood-stained knife was found in Dessaure’s kitchen.
According to two of Dessaure’s fellow inmates at the Pinellas County Jail, Valdez Hardy and Shavar Sampson, Dessaure admitted to the rape and murder of Cindy Riedweg.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
07/25/1996 |
ROBB. GUN/DEADLY WPN(CONSPIRACY TO COMMIT) |
06/14/1999 |
PINELLAS |
9612985 |
2Y 6M 0D |
Prior Community Supervision History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
07/26/1996 |
ROBB. GUN/DEADLY WPN |
01/13/1997 |
PINELLAS |
9612985 |
0Y 18M 0D |
|
07/26/1996 |
ROBB. GUN/DEADLY WPN |
07/28/1997 |
PINELLAS |
9612985 |
2Y 0M 0D |
Trial Summary:
08/26/99 Indicted as follows:
Count I: First-Degree Murder
09/05/01 Jury returned a guilty verdict
09/06/01 Jury recommendation waived
09/11/01 Penalty phase held
10/26/01 Sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 02-286
891 So.2d 455
02/07/02 Appeal filed
12/02/04 FSC affirmed conviction and sentence
12/22/04 Mandate issued
Circuit Court – 3.851 Motion
CC# 99-15522
02/28/06 Motion filed
02/05/09 Motion denied
Florida Supreme Court − 3.851 Appeal
FSC# 09-393
03/04/09 Appeal filed
10/07/10 Denial affirmed
10/22/10 Motion for rehearing
02/17/11 Motion denied
03/07/11 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 09-1551
08/24/09 Petition filed
10/07/10 Petition denied
10/22/10 Motion for rehearing
02/17/11 Motion denied
United States
District Court – Petition for Writ of Habeas Corpus
USDC# 11-00500
(Pending)
03/09/11 Petition filed
Factors Contributing to the Delay in Imposition of Sentence:
The case progression appears to be within acceptable time parameters.
Case Information:
On 02/07/02, Dessaure filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors: denying a motion for mistrial based on the prosecutor’s opening statement; refusing to allow evidence that two marijuana cigarettes were found in Riedweg’s apartment; refusing to allow the defense to present evidence that Riedweg’s boyfriend smoked marijuana; allowing the State to argue that Dessaure was the source of the cigarette ash found in Riedweg’s sink; allowing the State to impeach the testimony of two defense witnesses; denying a motion to exclude evidence regarding Dessaure’s argument with his fiancée; allowing the defendant to waive a penalty phase jury without a valid waiver; failing to allow a jury to make a sentencing recommendation; failing to charge aggravating circumstances in the indictment; failing to have sufficient evidence to convict; and failing to sentence proportionately. On 12/02/04, the FSC affirmed the conviction and sentence.
On 02/28/06, Dessaure filed a 3.851 Motion with the Circuit Court that was denied on 02/05/09.
On 03/04/09, Dessaure filed a 3.851 Appeal with the Florida Supreme Court. This appeal was denied on 10/07/10. On 10/22/10, Dessaure filed a motion for rehearing. That motion was denied on 02/17/11.
On 08/24/09, Dessaure filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court. This petition was denied on 10/07/10. On 10/22/10, Dessaure filed a motion for rehearing. That motion was denied on 02/17/11.
On 03/09/11, Dessaure filed a petition for Writ of Habeas Corpus in the United States District Court. That petition 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
06/25/02 14 FIGHTING FLORIDA STATE PRISON
________________________________________________________________________
Report Date: 01/11/05 JFL
Updated: 04/19/11 JJK