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ORME, Roderick Michael (W/M)

DC#    726848

DOB:  11/24/61

Fourteenth Judicial Circuit, Bay County, Case# 92-442-I

Sentencing Judge:  The Honorable Judy M. Pittman

Attorneys, Trial:  Walter B. Smith – Assistant PublicDefender; Russell Ramey, Michael Stone – Public Defender (RS)

Attorney, Direct Appeal:  David A. Davis – AssistantPublic Defender; Russell Ramey – Public Defender (RS)

Attorney, Collateral Appeals: Todd Doss – Assistant PublicDefender

Date of Offense:  03/03/92

Date of Sentence:  03/25/93

Date of Resentence: 07/23/07

Circumstances of the Offense:

Roderick Orme had known Ms. Redd, the victim, for a periodof time prior to the offense. On 03/03/92, Orme called Ms. Redd to Lee’s Motelwhere he was staying. Orme had been freebasing cocaine and was having a “badhigh” so he called Ms. Redd because she was a nurse. Orme stated that Ms. Reddarrived at his hotel room sometime between 7:00 p.m. and 8:30 p.m., accordingto his first statement, and between 9:00 p.m. and 10:00 p.m., according to hissecond statement. According to Orme, Ms. Redd knocked the crack pipe out of hishand, which caused the loss of his drugs. She also placed several pieces ofcrack into the toilet. Orme then left, took Ms. Redd’s purse and used her carkeys to drive her car to ‘go partying.’  Orme stated that he returned tothe hotel a number of times and that it was still dark outside when he realizedsomething was wrong, but he could not enter the room because he had left themotel key in the room. In both of Orme’s statements to the police, he did notadmit to any part of the murder to Ms. Redd.

On the morning of 03/04/92, Orme showed up at a recoverycenter in Panama City, FL. One year prior to this date he had been treated atthis same facility for an extensive substance abuse history. On this morning,Orme was disoriented and unable to respond to questions, yet he managed towrite “LEE’S MOT RM15.” Orme’s face was flushed and he was displaying symptomsof delirium tremors, both of which are indicative of acute cocaine withdrawal.Orme’s blood tested positive for cocaine, and he was placed in intensive carefor approximately thirty hours.  Orme was also in possession of illegalbarbiturates.

An individual at the recovery center placed a telephone callto Lee’s Motel and asked to have room 15 checked. When the owner of the motelchecked the room, he found the body of Lisa Redd. The body had been badlybeaten, and the cause of death was strangulation. Semen samples were taken.Those from the orifices of the victim’s body were not matched, but a samplefrom the victim’s underpants matched Orme’s DNA. Orme’s underpants had bloodthat matched Orme’s and the victim’s. Orme’s fingerprints were found in themotel room. His wallet was found in the victim’s car, which was parked outsidethe motel. On 03/06/92 Orme was released from the hospital and then arrested.

Trial Summary:

03/26/92         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Robbery

                                   Count III:        Sexual Battery withPhysical Force

03/27/92         Defendant entered a written plea of not guilty

02/06/93         Jury returned guilty verdicts on all counts of the indictment

03/01/93         Jury recommended death by a vote of 7-5

03/25/93         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         Robbery – 15years

                                   Count III:        Sexual Battery withPhysical Force – 22 years

02/24/05         Trial remanded to Circuit Court for resentencing by FSC

05/17/07         Jury recommended death by a vote of 11-1

07/23/07         Defendant was resentenced to death on Count I, First-Degree Murder

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 81.645

677 So. 2d 258

04/23/93         Appeal filed

05/02/96         FSC affirmed the conviction and sentence

07/23/96         Rehearing denied

08/22/96         Mandate issued

United States Supreme Court – Petition for Writ ofHabeas Corpus

USSC# 96-6305

519 U.S. 1079

10/11/96         Petition filed

01/13/97         Petition denied

State Circuit Court – 3.850 Motion

CC# 92-0442

12/17/97         Motion filed

03/08/02         Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 02-2625

896 So.2d 725

12/10/02         Appeal filed

02/24/05         FSC reversed trial court’s denial of 3.850 Motion and remanded for resentencing

03/17/05         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 03-1375

896 So.2d 725

08/07/03         Petition filed

02/24/05         Petition denied

03/17/05         Mandate issued

State Circuit Court – 3.853 Motion

CC# 92-0442

12/09/05         Exparte motion filed

12/22/05         Motion held

02/16/06         Signed release of evidence for DNA testing

Florida Supreme Court – Direct Appeal (Re-sentencing)

FSC# 08-182

25 So.3d 536

02/08/08         Appealfiled

06/01/09         OralArguments

11/19/09         FSCaffirmed the sentence of the lower court

12/02/09          Motion for rehearing filed

01/08/10          Motion denied

01/25/10          Mandate issued

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 09-10042

130 S.Ct. 3391

04/01/10          Petition filed

07/07/10          Petition denied

Factors Contributing to the Delay in the Imposition ofthe Sentence:

Orme’s Direct Appeal was pending for three years until theFlorida Supreme Court was able to render a decision.  The 3.850 Motion waspending for approximately five years until the Circuit Court was able to rendera decision.

Case Information:

Orme filed a Direct Appeal on 04/23/93 to the FloridaSupreme Court. Orme raised eight issues on the direct appeal; the main issueargues that the trial court should have directed a judgment of acquittal ongrounds that the case against him was circumstantial and the State failed todisprove all reasonable hypotheses of innocence. The Florida Supreme Courtfound there was competent substantial evidence that supported the conclusionthat the State had presented adequate evidence refuting Orme’s theory, that anunknown assailant killed Ms. Redd in his absence, creating inconsistencybetween the State and defense theories. The Court affirmed his conviction andsentence on 05/02/96.

Orme filed a Petition for Writ of Certiorari on 10/11/96 tothe United States Supreme Court. The petition was denied on 01/13/97.

Orme filed a 3.850 Motion to the Circuit Court on 12/17/97.The motion was denied on 03/08/02.

Orme filed a 3.850 Appeal to the Florida Supreme Court on12/10/02.  The Court reversed the trial court’s denial of the 3.850 Motionand remanded the case for resentencing on 02/24/05.  The decision wasbased on ineffective assistance of counsel during the penalty phase for thefailure to investigate and present Orme’s bipolar disorder diagnosis.  Onall other claims raised in Orme’s appeal, the Court affirmed.  The mandatewas issued on 03/17/05.

Orme then filed a Petition for Writ of Habeas Corpus to theFlorida Supreme Court on 08/07/03, which was denied on 02/24/05.  Themandate was issued on 03/17/05.

On 12/09/05, Orme filed a 3.853 Motion to the CircuitCourt.  This motion was held by the court on 12/22/05.  The orderreleasing evidence for DNA testing was entered on 02/16/06.

By the Florida Supreme Court’s 03/17/05 mandate, Ormereceived a new penalty phase in the State Circuit Court.  He wasre-sentenced to death on 07/23/07.

Orme then filed a second Direct Appeal in the FloridaSupreme Court on 02/08/08 citing the following issues: Consideration of remorseas a mitigator; Inquiry of prospective jurors; Refusal to dismiss venire;Waiver of right to sentencing option of Life in Prison without Possibility ofParole for twenty-five years; Consideration of other mitigating factors;Pecuniary gain aggravator; Heinous, atrocious, and cruel aggravator; Sexualbattery aggravator; Ring v. Arizona; and Proportionality of death sentence.Oral Arguments were held on 06/01/09. The sentence was affirmed on 11/19/09.Orme filed a motion for rehearing on 12/02/09, and the motion was denied on01/08/10.

On 04/01/10, Orme filed a Petition for Writ of Certiorari inthe United State Supreme Court. This petition was denied on 07/07/10.

Institutional Adjustment:

_____________________________________________________________________

Report Date:  11/30/01          NMP

Approved:      02/15/01          WS

Updated:         10/05/10         EMJ