The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.
Inmate Details


Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Inmate

Last Name First Name Picture DC Number Agency Case Summary
Ferguson John Errol 015110 Private Case Summary

Last Action

Date Court Case Number Last Action
06/17/05 USCA 05-13595 Habeas Appeal
08/26/09 USCA 05-13595 Habeas denial affirmed
03/31/10 USSC 09-1186 Cert Writ
06/01/10 USSC 09-1186 Petition denied

Current Attorney

Last Name First Name City Address Zip Phone Email

Cases

Attorney Case Number Judge County CCRC Appt. Order Contract Sign

Last Updated


2011-06-28 11:39:34.0


Case Summary
Direct Link

The Commission on Capital Cases updates this information regularly

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. 

 

FERGUSON, John Errol (B/M)

DC      015110

DOB:   02/27/48

 

Eleventh Judicial Circuit, Dade County Case #s: 77-28650-D & 78-05428

Sentencing Judge: The Honorable Richard S. Fuller

Attorney, Trial: Frederick Robbins & Michael Hacker – Special Assistant Public Defenders

Attorney, Direct Appeal: Michael S. Hacker – Special Assistant Public Defender

Attorney, Collateral Appeals:  E. Barrett Prettyman, Jr. – Private

 

Case # 77-28650-D

 

Date of Offense:           07/27/77         

Date of Sentence:         05/25/78

Date of Resentence:      05/27/83

 

Circumstances of Offense:

 

On 07/27/77, John Ferguson, posing as a Florida Power and Light employee, was let into a home by Margaret Wooden to check the electrical outlets. After looking in several rooms, Ferguson drew a gun, then bound and blindfolded Wooden. Ferguson let two men, Marvin Francois and Beauford White, into the home to continue searching for drugs and money.

 

Two hours later, the owner of the home, Livingston Stocker, and five friends returned home and were bound, blindfolded, and searched by Ferguson, Francois, and White. The seven bound and blindfolded people were then moved from the living room to a bedroom. 

 

Later, Wooden’s boyfriend, Michael Miller, entered the house and was bound, blindfolded, and searched. Miller and Wooden were moved to another bedroom together and the other six men were moved to the living room. 

 

At some point in the evening, Marvin Francois’ mask fell off and his face was revealed to the others. Wooden heard shots coming from the living room, where Francois was shooting the men. Ferguson placed a pillow over Wooden’s head and then shot her. Not fatally wounded, Wooden saw Miller being shot and heard Ferguson run from the room. 

 

When the police arrived, they found six dead bodies, all of which had their hands tied behind their back and had been shot in the back of the head.  Johnnie Hall survived a shotgun blast to the head and testified regarding the execution of the other men in the living room. 

 

 Codefendant Information:

 

Ferguson, White, and Francois were indicted together as coconspirators, but each was tried separately. 

 

White was convicted on all counts of the indictment.  The jury recommended life imprisonment, but the judge sentenced him to death. White was executed on 08/28/87. 

 

Francois was convicted on all counts of the indictment.  The jury recommended death sentences, and he was sentenced to death.  Francois was executed on 05/29/85.

 

Adolphus Archie, who drove the car used to drop off and pick up the shooters, pled guilty to Second-Degree Murder and was sentenced to twenty years imprisonment. 

 

Trial Summary:

 

09/15/77          Indicted as follows:

Counts I – VI              First-Degree Murder

Count VII                   Attempted First-Degree Murder

Count VIII                  Attempted First-Degree Murder

Counts IX – XI           Armed Robbery

05/24/78          Jury returned acquitted verdict on Count XII

05/25/78          Jury returned guilty verdicts on Counts I – XI of the indictment

Jury recommended death sentences by a majority vote

Sentenced as follows:

Counts I – VI              First-Degree Murder – Death

Count VII                   Attempted First-Degree Murder – 30 years

Count VIII                  Attempted First-Degree Murder – 30 years

Counts IX – XI           Armed Robbery – Life imprisonment

 

 Case # 78-05428

 

Date of Offense:           01/08/78

Date of Sentence:         10/07/78

Date of Resentence:      05/27/83

 

Circumstances of Offense:

 

Brian Glenfeld and Belinda Worley, both seventeen years old, were last seen around 9:00 p.m. on Sunday, 01/08/78.  The two were supposed to meet friends at an ice cream parlor, but their bodies were discovered the next morning in a wooded area. 

 

Glenfeld’s body was behind the wheel of a car, with gunshot wounds to his chest, arm, and head.  Worley’s body was found in a nearby dense growth, where she had been raped and then shot in the head.  Several pieces of Worley’s jewelry were missing and cash was missing from Glenfeld’s wallet. 

 

On 04/05/78, John Ferguson was arrested at his apartment pursuant to a warrant for unlawful flight to avoid prosecution.  At the time of the arrest, Ferguson was under indictment for the six murders that occurred on 07/27/77 (case # 77-28650-D).  After a consent search of the apartment, in which a gun was recovered that was similar to the gun used to kill Glenfeld and Worley, Ferguson admitted to shooting the couple.  

 

Trial Summary:

 

04/13/78          Indicted as follows:

Count I            First-Degree Murder

Count II          First-Degree Murder

Count III         Armed Sexual Battery

Count IV         Armed Robbery

Count V          Armed Robbery

Count VI         Unlawful Possession of a Firearm While Engaged in a Criminal Offense

Count VII       Possession of a Firearm by a Felon

Count VIII      Possession of a Firearm by a Felon

10/07/78          Jury returned guilty verdicts on all counts of the indictment *

Jury recommended death sentences by a majority vote

Sentenced as follows:

Count I            First-Degree Murder – Death

Count II          First-Degree Murder – Death

Count III         Armed Sexual Battery – Life Imprisonment

Count IV         Armed Robbery – Life Imprisonment

Count V          Armed Robbery – 15 year

Count VI         Unlawful Possession of a Firearm While Engaged in a Criminal Offense – 15 years

Count VII       Possession of a Firearm by a Felon – 15 years

Count VIII      Possession of a Firearm by a Felon – 15 years

 

* NOTE: Count V was reduced to Attempted Armed Robbery by the jury

 

Prior Incarceration History in the State of Florida:

 

At the time of each of the murders, Ferguson was on probation, having already served an eighteen month prison sentence for a 1976 conviction for Resisting a Police Officer with Violence.  Ferguson’s prior criminal history also included a 1971 Robbery conviction and a 1965 Assault with Intent to Rape conviction, for which Ferguson was sentenced to ten years imprisonment. 

 

Appeal Summary: 

 

NOTE: Following the Direct Appeal, Ferguson’s two cases were consolidated for post-conviction appeal.

 

Florida Supreme Court – Direct Appeal (Case# 77-28650-D)

FSC# 55,137

417 So.2d 639

 

09/25/78          Appeal filed

07/15/82          FSC affirmed convictions, but remanded for resentencing

08/27/82          Mandate issued

 

Florida Supreme Court – Direct Appeal (Case# 78-05428)

FSC# 55,498

417 So.2d 631

 

11/13/78          Appeal filed

07/15/82          FSC affirmed convictions, but remanded for resentencing

08/27/82          Mandate issued

 

Florida Supreme Court – Direct Appeal (Consolidated)

FSC# 64,362 & 65,961

474 So.2d 208

 

10/10/83          Appeal filed

06/27/85          FSC affirmed death sentences

09/09/85          Rehearing denied

10/15/85          Mandate issued

 

Circuit Court – 3.850 Motion

CC# 77-28650-D & 78-05428

 

10/15/87          Motion filed

06/19/90          Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 76,458

593 So.2d 508

 

08/10/90          Appeal filed

02/06/92          FSC affirmed denial of 3.850 Motion

02/26/92          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 80,549

632 So.2d 53

 

10/01/92          Petition filed

12/09/93          FSC denied Petition

02/24/94          Rehearing denied

 

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

USDC# 95-573

 

03/20/95          Petition filed

05/15/00          USDC administratively closed case pending resolution of state proceedings

08/07/01          Case reopened

11/02/01          Supplemental brief filed

09/26/03          Petition amended

05/19/05          USDC denied petition

 

Circuit Court – 3.850 Motion

CC# 77-28650-D & 78-05428

 

07/10/99          Motion filed

08/18/99          Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 96,658

789 So.2d 306

 

01/27/00          Appeal filed

05/10/01          FSC affirmed denial of 3.850 Motion

06/11/01          Mandate issued

 

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

USCA# 05-13595

 

06/17/05          Appeal filed

08/26/09          USCA affirmed denial of Habeas

 

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

USSC# 09-1186

 

03/31/10          Petition filed

06/01/10          Petition denied

 

 Clemency Hearing:

 

03/10/87          Clemency hearing held (denied)

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The delay in this case appears to arise from the resentencing of Ferguson and from the pending Federal Habeas Petition that was filed on 03/20/95.

 

Case Information:

 

Ferguson filed a Direct Appeal (FSC# 55,137; CC# 77-28650-D) with the Florida Supreme Court on 09/25/78, citing the following errors: unconstitutionality of the death penalty, failure to provide written statements of support for the death penalty in the case, improper prosecutorial comments during closing arguments, and admission of prejudicial statements about Ferguson’s prior incarceration.  On 07/15/82, the FSC affirmed the convictions, but vacated the death sentences and remanded to the trial court for a new sentencing hearing, finding that the trial court improperly weighed the aggravating and mitigating circumstances in the case. 

 

Ferguson filed a Direct Appeal (FSC# 55,498; CC# 78-05428) with the Florida Supreme Court on 11/13/78, citing the following errors: unconstitutionality of the death penalty, failure to suppress evidence, admission of evidence of the other murders, and improper prosecutorial comments during closing arguments.  On 07/15/82, the FSC affirmed the convictions, but vacated the death sentences and remanded to the trial court for a new sentencing hearing, finding that the trial court improperly weighed the mitigating circumstances in the case. 

 

Ferguson was resentenced to death on 05/27/83.

 

Ferguson filed a Direct Appeal with the Florida Supreme Court on 10/10/83, citing the following errors: failure to allow an evidentiary hearing during resentencing; improper finding of the cold, calculated, and premeditated murder aggravating circumstance; and consideration of evidence not in the trial record.  On 06/27/85, the FSC affirmed the death sentence.

 

Ferguson filed a 3.850 Motion with the Circuit Court on 10/15/87, which was denied on 06/19/90.

 

Ferguson filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/10/90, citing ineffective assistance of counsel and improper jury instructions regarding non-statutory mitigating evidence.  On 02/06/92, the FSC affirmed the denial of the 3.850 Motion.

 

Ferguson filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/01/92, citing the following errors: a different sentencing judge upon resentencing; vague jury instructions regarding the heinous, atrocious, or cruel murder aggravating circumstances; failure to grant a defense motion to stop giving Ferguson anti-psychotic drugs; and ineffective assistance of appellate counsel.  The FSC denied the Petition on 12/09/93.

 

Ferguson filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District on 03/20/95.  On 05/15/00, the USDC administratively closed the case pending resolution of state proceedings.  On 08/07/01, the case was reopened, and on 11/02/01, Ferguson filed a supplemental brief with the court.  On 09/26/03, Ferguson amended the Petition.  The petition was denied on 05/19/05. 

 

Ferguson filed a 3.850 Motion with the Circuit Court on 07/10/99, which was denied on 08/18/99. 

 

Ferguson filed a 3.850 Motion Appeal with the Florida Supreme Court on 01/27/00, citing eleven issues, most of which focused on claims of ineffective assistance of counsel and withholding of evidence by the State.  On 05/10/01, the FSC affirmed the denial of the 3.850 Motion.

 

Ferguson filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit on 06/17/05. The District Courts denial of the Petition was affirmed by the U.S. Court of Appeals on 08/26/09. 

 

Ferguson filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/31/10. The petition was denied on 06/01/10.

 

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      

 

06/18/79     30                        POSS OF CONTRABAND                 FLORIDA STATE PRISON

05/07/80     15                        DISORDERLY CONDUCT                  FLORIDA STATE PRISON

07/09/80      0                         FIGHTING                                             FLORIDA STATE PRISON

09/30/80      0                         DISRESPECT TO OFFICIALS           FLORIDA STATE PRISON

12/05/80      0                         DISOBEYING ORDER                         FLORIDA STATE PRISON

12/22/80     30                        FAILURE TO COMPLY                      FLORIDA STATE PRISON

02/16/81      0                         DISORDERLY CONDUCT                  FLORIDA STATE PRISON

12/12/84      0                         FIGHTING                                             FLORIDA STATE PRISON

10/08/86      0                         DISOBEYING ORDER                         FLORIDA STATE PRISON

07/19/89     15                        DISOBEYING ORDER                         FLORIDA STATE PRISON

05/02/90     15                        POSS OF CONTRABAND             FLORIDA STATE PRISON

01/13/98    180                       REF. SUB. ABUSE TEST                    UNION C. I.         

10/01/01    180                       POSS OF ESCAPE PARA.                  UNION C. I.        

 

________________________________________________________________________ 

Report Date:   05/20/03          JFL

Approved:       06/10/03          WS

Updated:         06/10/10          EMJ