The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.

RIVERA, Michael (W/M)

DC #640779

DOB: 06/25/62

­­­Seventeenth Judicial Circuit, Broward County, Case #86-11716

Sentencing Judge: The Honorable John. G. Ferris

Attorney, Trial: Edward W. Malavanda – Special AssistantPublic Defender

Attorney, Direct Appeal: H. Dohn Williams – Special PublicDefender

Attorney, Collateral Appeals:  Martin J. McClain andTiffany Murphy – CCRC-S

Date of Offense: 01/30/86

Date of Sentence: 05/01/87

Circumstances of Offense:

Michael Rivera was convicted and sentenced to death for themurder of 11-year-old Staci Lynn Jazvac.

On 01/30/86, Staci Lynn Jazvac rode her bike to the store tobuy school supplies.  When she did not return home, her mother began tosearch for her daughter.  Jazvac’s mother came upon a Broward County deputysheriff, who had found Jazvac’s bicycle.  At this point, a policeinvestigation began.

The police received a complaint from a woman named StarrPeck because a man called her claiming responsibility for the murder of StaciLynn Jazvac.  Peck claimed that a man calling himself “Tony” called andtold her about his sexual fantasies and that he was wearing women’sclothing.  Peck received more than 30 of these calls from “Tony.” The last call Peck received was shortly after the murder of Jazvac. “Tony” told Peck that he had killed Staci Lynn Jazvac.  He explained toPeck that he had seen Jazvac getting off a bike and wanted to expose himself toher.  “Tony” told her that he had put ether over Staci’s mouth and draggedher into the van where he sexually assaulted her.  According to “Tony,” hehad not intended to kill the eleven-year-old girl.  Other women in thearea reported receiving similar calls from “Tony.”

The police determined that “Tony” was Michael Rivera, anemployee of Peck.  On 02/13/86, they arrested Rivera on outstandingwarrants and questioned him at police headquarters.  Rivera admitted tomaking the obscene phone calls to Peck, but he denied involvement in thedisappearance of Staci Lynn Jazvac.  During questioning, Rivera admittedthat he liked to expose himself to young girls.  Rivera also confessedthat he had exposed himself to a girl pushing a bike but would not say what hedid to her because “I don’t want to go to jail.  They’ll kill me for whatI’ve done.”  He also admitted to an attack against Jennifer Goetz, an11-year-old girl living in Coral Springs.

On 02/14/86, police found the body of Staci Lynn Jazvac in afield located in Coral Springs.  The medical examiner determined that shehad died as a result of asphyxiation.

Additional Information:

Broward County Case #86-2598

On 07/10/85, Michael Rivera kidnapped 11-year-old JenniferGoetz.  Goetz was on her way to the day camp bus stop when Rivera grabbedher.  According to Goetz’s testimony, he picked her up from behind,strangling her, and carried Goetz behind a nearby gazebo laying her on herstomach.  Rivera threatened to kill her when she started fighting againsthim.  Goetz testified that as she began falling unconscious Rivera rolledher onto her back and placed a beach bag over her face.  Goetz wasdiscovered by a witness, Tony Leonardo, who had seen Rivera running away andwent to investigate.  Leonardo said that he removed the beach bag from Goetz’sface and had to shake her to receive a response.  A doctor determined thatif she had been strangled any longer, then Goetz would have died.  Severalpeople in the area reported receiving phone calls from “Tony” who stated thathe had molested a little girl and asked them to call an ambulance. 

The police questioned Rivera in a later incident, whichoccurred on 11/04/85, and involved Rivera exposing himself to children and thenchasing them.  During police questioning, Rivera denied committing theattack against Jennifer Goetz.  However, during a later interview aboutthe case of Staci Lynn Jazvac, Rivera admitted to the attack againstGoetz.  Rivera stated that he had seen Goetz and decided to expose himselfto her, but instead he grabbed the girl and began to strangle her.  Riveraadmitted to putting the girl in the bushes and to covering her face with a bag,but he was not sure what he was going to do next and was scared away by a manwalking nearby.  Michael Rivera was charged with Kidnapping, Attempted First-DegreeMurder, Aggravated Child Abuse, and Aggravated Battery.  Rivera wasconvicted of Kidnapping and Attempted First-Degree Murder for which he wassentenced to a Life sentence and a 25-year sentence, respectively. 

Trial Summary:

08/06/86          Rivera was indicted on the followingcounts:

                                    Count I:           First-DegreeMurder (Staci Lynn Jazvac)

04/16/87          The jury found Rivera guilty ofFirst-Degree Murder.

04/17/97          Upon advisory sentencing, the jury, by a12 to 0 majority, voted for the death penalty.

05/01/87          Rivera was sentenced as follows:

                                    Count I:           First-DegreeMurder (Staci Lynn Jazvac) – Death

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC #70,563

561 So. 2d 536 (Fla. 1990)

05/20/87         Appeal filed

04/19/90         FSC affirmed the conviction and sentence

06/22/90         Rehearing denied

07/26/90         Mandate issued

Circuit Court – 3.850 Motion

CC #86-11716-CF-10

10/31/91         Motion filed

06/22/95         Motion denied

United State Supreme Court – Petition for Writ ofCertiorari

USSC #93-9561

513 U.S. 853 (U.S. 1994)

06/10/94         Petition filed

10/03/94         USSC denied the petition

Florida Supreme Court – 3.850 Appeal

FSC #86,528

717 So. 2d 477 (Fla. 1998)

09/29/95         Appeal filed

06/11/98         FSC affirmed the appeal in part and reversed in part for an evidentiary hearing

09/09/98         Rehearing denied

10/13/98         Mandate issued

Circuit Court –  3.850 Motion on Remand from FSC

CC# 86-11716-CF-10

04/26/99         Evidentiary hearing held

04/27/99         Evidentiary hearing held

07/26/01         Motion denied

Circuit Court – 3.850 Motion

CC# 86-11716-CF-10

09/29/99          Motion filed

05/10/05          Motion denied

05/25/05          Motion for Rehearing filed

08/30/05          Rehearing denied

Florida Supreme Court – 3.850 Appeal

FSC #01-2523

28 Fla. L. Weekly S 704 (Fla. 2003)

11/15/01          Appeal filed

09/11/03          FSC affirmed Circuit Court’s disposition

10/31/03          Rehearing denied

12/01/03          Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #02-1788

28 Fla. L. Weekly S 704 (Fla. 2003)

08/12/02          Petition filed

09/11/03          FSC denied the petition

10/31/03          Rehearing denied

12/01/03          Mandate issued

Florida Supreme Court – 3.850 Appeal

FSC# 05-1873

995 So.2d 191

09/30/05          Appeal filed

06/12/08          Disposition affirmed in part and denied inpart; Case remanded to the Circuit Court for an evidentiary hearing

06/27/08          Motion for Rehearing filed

11/17/08          Rehearing denied

12/03/08          Mandate entered

Factors Contributing to the Delay in Execution ofSentence:

The Direct Appeal was pending for nearly three years priorto being denied.  The denial of the first 3.850 Motion was delayed due toRivera filing an Interlocutory 3.850 Appeal.  The first 3.850 Appeal waspending for more than two years prior to a decision being rendered and wasremanded to the trial court for an evidentiary hearing.  This procedurewas delayed due to Rivera filing of an Interlocutory 3.850 Appeal.

Case Information:

Rivera filed his Direct Appeal in the Florida Supreme Courton 05/20/87.  The issues addressed included that the trial court erred inadmitting evidence about Rivera’s previous assault on Goetz, an 11-year-oldgirl, and that the death penalty was not proportionate with the crimes that hecommitted.  The Florida Supreme Court did not find errors that warrantedreversing the conviction or sentence and affirmed the conviction and sentenceon 04/19/90.  Rehearing was denied on 06/22/90.   A mandate wasissued on 07/26/90.

On 10/31/91, Rivera filed a 3.850 Motion in the circuitcourt.  The motion was denied on 06/22/95.

Rivera filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 06/10/94.  The petition was denied on 10/03/94.

On 09/29/95, Rivera filed a 3.850 Appeal in the FloridaSupreme Court.  The issues addressed included that Rivera was denied dueprocess, Rivera’s counsel was ineffective, and that the death penalty violatedthe Eight Amendment.  The appeal was affirmed in part and denied in partdue to questions of ineffective assistance of counsel and remanded to thecircuit court for an evidentiary hearing on 06/11/98.  Rehearing wasdenied on 09/09/98.  A mandate was issued on 10/13/98.

An evidentiary hearing was held on 04/26/99 and 04/27/99 inthe circuit court.  The motion was denied on 07/26/01.

On 09/29/99, Rivera filed a 3.850 Motion in the circuitcourt.  An amended motion was filed on 01/20/04. On 05/10/05, the motionwas denied.  On 05/25/08, Rivera filed a Motion for Rehearing.  The Rehearingwas denied on 08/30/05.

On 11/15/01, Rivera filed a 3.850 Appeal in the FloridaSupreme Court.  Rivera argued that he received ineffective assistance ofcounsel.  The Florida Supreme Court affirmed the appeal on 09/11/03.Rehearing was denied on 10/31/03.  A mandate was issued on 12/01/03.

Rivera filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 08/12/02.  The issues addressed included that thedeath penalty is a violation of the sixth and fourteenth amendments and inviolation of the decision from Ring v. Arizona, and received ineffectiveassistance of counsel. The Florida Supreme Court denied the petition pm 09/11/03.Rehearing was denied on 10/31/03.  A mandate was issued on 12/01/03.

Rivera filed a 3.850 Appeal in the Florida Supreme Court on09/30/05.  On 06/12/08, the Florida Supreme Court affirmed the dispositionin part and remanded for an evidentiary hearing in the Circuit Court.  On06/27/08, Rivera filed a Motion for Rehearing.  This motion was denied on11/17/08.  On 12/03/08, the Florida Supreme Court entered a mandate in thiscase.

Institutional Adjustment:

DATE            DAYS             VIOLATION                                   LOCATION      

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

03/10/89         0                    POSS OF CONTRABAND               FSP

04/21/91         0                    POSS OF CONTRABAND               FSP

02/10/94         0                    FIGHTING                                         UNION C.I.        

02/22/94         0                    DISOBEYING ORDER                    UNION C.I.        

07/30/96         0                    DEFACING STATE PROP               UNION C.I.-MED.

07/26/99         0                    INTRO. CONTRABAND                 UNION C.I.        

08/03/99         60                  INTRO. CONTRABAND                 UNION C.I.        

08/10/99         0                    MAIL VIOLATIONS                        UNION C.I.        

09/14/01         30                  POSS OF CONTRABAND               UNION C. I.         

________________________________________________________________________

Report Date:    06/17/02          S.Q.

Approved:       07/24/02          W.S.

Updated:         03/10/09          AEH