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.
 

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 NameFirst NamePictureDC NumberAgencyCase Summary
SireciHenry 056338CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
1/11/2006USDC02-1160Habeas reopened
7/24/2006USDC02-1160Amended Habeas filed
11/29/2007USDC02-1160State's Response filed
4/4/2008USDC02-1160Reply to Response filed
3/12/2009USDC02-1160Petition denied; Case dismissed with prejudice
3/20/2009USDC02-1160Motion to Alter Judgment filed
7/28/2009USDC-M02-1160Motion to Alter Judgment Denied
8/26/2009USCA09-14402Habeas Appeal filed
9/7/2010USCA09-14402Reply brief filed

Current Attorney


Cases


Last Updated

2008-01-09 11:43:13.0


Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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. 

 

SIRECI, Henry P., Jr. ; AKA Butch Blackstone (W/M)

DC #   056338

DOB:  07/17/48

 

Ninth Judicial Circuit, Orange County Case #76-532

(Transferred to Seventh Judicial Circuit on 01/16/84)

Sentencing Judge: The Honorable Maurice M. Paul

Attorney, Trial: Edward Kirkland, Esq.

Attorney, Direct Appeal: Craig S. Barnard & RichardB.Greene – Assistant Public Defenders

After resentencing: Larry B. Henderson – Assistant PublicDefenders

Attorneys, Collateral Appeals:  Marie Parmer – CCRC-M

 

Date of Offense: 12/03/75

Date of Sentence: 11/15/76

Date of Resentence: 05/04/90

 

Circumstances of Offense:

 

On 12/03/75, Sireci went to a used car lot, entered theoffice, and discussed buying a car with the owner of the car lot, HowardPoteet.  Sireci argued in court that the purpose of the visit was to takesome keys so he could come back later and steal a car.  The state arguedin court that the purpose of the visit was to rob the owner. 

 

Sireci was armed with a wrench and a knife and a struggleensued.  According to forensic evidence, Poteet suffered multiple stabwounds, lacerations, and abrasions.  Poteet’s body had a total offifty-five stab and incision wounds, all located on the chest, back, head, andextremities. In addition, the neck was slit.  Massive internal andexternal hemorrhages were the cause of death.  According to latertestimony, Sireci hit Poteet with the wrench and stabbed him sixty times. 

 

Trial Summary:

 

02/27/76          Sireci was indicted on the following:

                                    Count I:           First-DegreeMurder (Howard Poteet)

10/22/76          Sireci was found guilty on Count I of theindictment.

11/05/76          Jury recommended the death penalty by amajority vote.

11/15/76          Sireci was sentenced as follows:

                                    Count I:           First-DegreeMurder (Howard Poteet) – Death

05/28-29/87     Evidentiary hearing held.

08/21/87          The trial court vacated the deathsentence.

05/04/90          Resentenced to death.  Upon advisorysentencing, the jury voted for the death penalty by an 11-1 majority.

 

Appeals Summary:

 

Florida Supreme Court – Direct Appeal

FSC #50,905

399 So.2d 964 (Fla. 1981)

 

01/14/77         Appeal filed.

04/09/81         FSC affirmed conviction and sentence.

06/10/81         Rehearing denied.

 

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

USSC #81-5379

456 U.S. 984 (U.S. 1982)

 

09/08/81         Petition filed.

05/17/82         USSC denied Petition.

 

U.S. District Court, Middle District – Petition forWrit of Habeas Corpus and Stay of Execution

USDC #82-468-Orl-Civ-ER

 

09/07/82         Petition and Stay filed.

09/16/82         USDC dismissed Petition and denied Stay of Execution.

 

Circuit Court – 3.850 Motion

CC #76-532

 

09/08/82         Motion filed.

11/03/83         Trial court denied Motion.

 

Florida Supreme Court – 3.850 Motion Appeal

FSC #64,728

469 So.2d 119 (Fla. 1985)

 

01/06/84         Appeal filed.

03/21/85         FSC affirmed denial of 3.850 Motion.

06/07/85         Rehearing denied.

07/31/85         Mandate issued.

 

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

USSC #84-6895

478 U.S. 1010 (U.S. 1986)

 

06/12/85         Petition filed.

06/30/86         USSC denied Petition.

 

Circuit Court – 3.850 Motion

CC #76-532

 

07/28/86         Motion filed.

09/26/86         Court orders evidentiary hearing to be held and execution stayed.

08/21/87         Trial court granted Motion - sentence vacated.

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #69,380

502 So.2d 1221 (Fla. 1987)

 

09/25/86         Petition filed.

01/05/87         FSC denied Petition.

03/18/87         Rehearing denied.

04/22/87         Mandate issued.

 

Florida Supreme Court – Trial Court Order Appeal(filed by state)

FSC #69,386

502 So.2d 1221 (Fla. 1987)

 

09/26/86         Appeal filed.

01/05/87         FSC affirmed trial court order.

03/18/87         Rehearing denied.

04/22/87         Mandate issued.

 

Florida Supreme Court – 3.850 Motion Appeal (filed bystate)

FSC #70,937

536 So.2d 231 (Fla. 1988)

 

07/24/87         Appeal filed.

12/22/88         FSC affirmed 3.850 Motion and vacating of sentence.

01/13/89         Mandate issued.

 

Florida Supreme Court – Direct Appeal (afterresentencing)

FSC #76,087

587 So.2d 450 (Fla. 1991)

 

05/16/90         Appeal filed.

09/19/91         FSC affirmed sentence.

11/04/91         Rehearing denied.

12/04/91         Mandate issued.

 

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

USSC #91-7177

503 U.S. 946 (U.S. 1992)

 

01/24/92         Petition filed.

03/23/92         USSC denied petition.

 

Circuit Court – 3.850 Motion

CC #76-532

 

06/21/93         Motion filed.

02/09/99         Trial court denied Motion.

 

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

USDC #97-468-Orl-Civ-18

 

05/09/97         Petition filed.

03/01/99         USDC denied Petition.

 

Florida Supreme Court – 3.850 Motion Appeal

FSC #95,116

773 So.2d 34 (Fla. 2000)

 

03/19/99         Appeal filed.

09/07/00         FSC affirmed denial of 3.850 Motion.

11/14/00         Rehearing denied.

 

Circuit Court – 3.850 Motion

CC #76-532

 

12/06/00         Motion filed.

10/10/01         Trial court denied Motion.

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# SC01-1399

825 So. 2d 882 (Fla. 2002)

 

06/25/01         Petition filed.

02/28/02         FSC denied the petition.

04/15/02         Rehearing denied.

 

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

USDC# 02-01160

 

10/03/02          Petition filed.

10/16/02          Case administratively closed pendingexhaustion of state remedies.

03/05/03          Case reopened.

08/04/03          Motion filed to stay proceedings until DNAtesting is settled in state court.

08/12/03          Order directing administrative closurepending resolution of state proceedings.

01/11/06          Case reopened.

07/24/06          Amended Habeas Petition filed.

03/12/09          Petition denied; Case dismissed withprejudice.

03/20/09          Motion to alter judgment filed.

07/28/09          Motion denied.

 

Circuit Court – 3.850 Motion

CC #76-532

 

10/08/02         Motion filed.

01/10/03         Motion denied.

 

Circuit Court – 3.853 Motion

CC #76-532

 

03/18/03         Motion filed.

07/15/03         Motion denied.

 

Florida Supreme Court – 3.853 (DNA) Motion Appeal

FSC #03-1554

908 So.2d 321 (Fla. 2005)

 

09/02/03         Appeal filed.

04/28/05         FSC affirmed the denial of Sireci’s 3.853 Motion.

07/15/05         Rehearing denied.

08/01/05         Mandate issued.

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 05-6987

546 U.S. 1077

 

10/12/05         Petition filed.

12/12/05         Petition denied.

 

United States Court of Appeals, 11th Circuit – HabeasAppeal

USCA# 09-14402

(Pending)

 

08/26/09          Appeal filed.

 

Death Warrant Information:

 

08/25/82         Governor Graham signed death warrant.

09/17/82         Stay of execution granted by trial court.

09/10/86         Governor Graham signed death warrant.

09/26/86         Stay of execution granted by trial court.

 

Clemency Hearing:

 

03/11/82         Clemency hearing held (denied).

 

Factors Contributing to the Delay in Imposition ofSentence:

 

The delay appears to arise from the length of time (fouryears) taken to decide the original Direct Appeal, as well as thefive-and-a-half years (06/21/93 – 02/09/99) to decide a 3.850 Motion.

 

Case Information:

 

Sireci filed a Direct Appeal in the Florida Supreme Court on01/14/77 citing fifteen issues.  The FSC affirmed the conviction andsentence on 04/09/81.

 

Sireci filed a Petition for Writ of Certiorari in the U.S. SupremeCourt on 09/08/81, which was denied on 05/17/82.

 

On 08/25/82, Governor Graham signed a death warrantscheduling the execution for 09/24/82.

 

Sireci filed a federal Petition for Writ of Habeas Corpusand Stay of Execution in the U.S. District Court on 09/07/82.  The USDCdismissed the Petition and denied the stay on 09/16/82.

 

Sireci filed a 3.850 Motion in the Circuit Court on09/08/82.  A Stay of Execution was ordered on 09/17/82 and was vacated on03/20/84.  The 3.850 Motion was denied on 11/03/83.

 

Sireci filed a 3.850 Motion Appeal in the Florida SupremeCourt on 01/06/84, citing the following issues: exclusion of non-statutorymitigating circumstances, racial discrimination, ineffective assistance ofcounsel, and an unconstitutional sentencing system.  The FSC affirmed thedenial of the 3.850 Motion on 03/21/85.

 

Sireci filed a Petition for Writ of Certiorari in the U.S.Supreme Court on 06/12/85, which was denied on 06/30/86.

 

On 09/10/86, Governor Graham signed a death warrant, and theexecution was scheduled for 10/07/86. 

 

Sireci filed a 3.850 Motion in the Circuit Court on07/28/86.  On 09/26/86, the trial court ordered an evidentiary hearing tobe held and stayed the execution pending the outcome of the hearing.  On08/21/87, the trial court vacated the death sentence.

 

Sireci filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 09/25/86, again citing racial discrimination insentencing.  The FSC denied the Petition on 01/05/87. 

 

On 09/26/87, the state filed an appeal of the trial court’sorder for an evidentiary hearing.  The FSC affirmed the lower court’sorder on 01/05/87.

 

The State filed a 3.850 Motion Appeal on 07/24/87, appealingthe vacating of the death sentence.  The FSC affirmed the trial court’s grantingof the 3.850 Motion and the vacating of the sentence on 12/22/88.

 

On 05/04/90, Sireci was resentenced to death.  The juryrecommended the death penalty by a vote of 11 to 1. 

 

Sireci filed a Direct Appeal with the Florida Supreme Courton 05/16/90. Sireci contended the following issues: the trial court erred bynot allowing Sireci to waive the jury sentence recommendation; the trial courterred in denying a motion for mistrial; the use of the cold, calculated andpremeditated aggravating circumstance was ex post facto; the trial court erredin rejecting mitigating circumstances; the jury’s death penalty recommendationwas unreliable; and Florida’s sentencing statute was unconstitutional. The FSC affirmed the death sentence on 09/19/91.

 

Sireci filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 01/24/92. The Petition was denied on 03/23/92. 

 

Sireci filed a 3.850 Motion in the Circuit Court on 06/21/93.He raised thirty-three claims. The Motion was denied on 02/09/99.

 

Sireci filed a federal Petition for Writ of Habeas Corpus inthe United States District Court on 05/09/97.  The Petition was denied on03/01/99.

 

Sireci filed a 3.850 Motion Appeal in the Florida SupremeCourt on 03/19/99, citing twenty-nine claims. The Motion was denied on09/07/00.

 

Sireci filed a 3.850 Motion in the Circuit Court on12/06/00, which was denied on 10/10/01.

 

Sireci filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 06/25/01. Sireci contended the following issues:claims of ineffective assistance of counsel, challenging the constitutionalityof the death penalty statute of Florida, and cruel and unusualpunishment.  The FSC denied the Petition on 02/28/02.

 

Sireci filed a Petition for Writ of Habeas Corpus in theUnited States District Court, Middle District of Florida, on 10/03/02.  On10/16/02, the case was administratively closed pending exhaustion of stateremedies.  On 03/05/03, the case was reopened.  On 08/04/03, Sirecifiled a motion to stay proceedings until a DNA testing request was is settledin state court.  The Florida Supreme Court issued an order directingadministrative closure pending resolution of state proceedings on 08/12/03. On 01/11/06, the case was reopened.  On 07/24/06, Sireci filed an AmendedPetition for Habeas Corpus.  On 03/12/09, an order was issued denying Sireci’sHabeas Petition and dismissing the case with prejudice.  On 03/20/09, Sirecifiled a Motion to Alter Judgment.  This Motion was denied on 07/28/09.

 

Sireci filed a 3.850 Motion in the Circuit Court on10/08/02. Sireci contended issues raised in the United States Supreme Courtcase of Ring v. Arizona.  The Trial Court denied the Motion on 01/10/03.

 

Sireci filed a 3.853 Motion in the Circuit Court on03/18/03, based on DNA testing of evidence. The Trial Court denied the Motionon 07/15/03.

 

Sireci filed a 3.853 Motion Appeal in the Florida SupremeCourt on 09/02/03.  On 04/28/05, the Florida Supreme Court affirmed thedenial of Sireci’s 3.853 Motion. 

 

On 10/12/05, Sireci filed a Petition for Writ of Certiorariin the United States Supreme Court.  The petition was denied on12/12/05. 

 

On 08/26/09, Sireci filed a Habeas Corpus Appeal in theUnited States Court of Appeals. This case is currently pending.

 

Institutional Adjustment:

                                       

DATE            DAYS             VIOLATION                                   LOCATION      

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

06/30/79         30                  POSS OF NARCOTICS                    FSP

12/14/80         30                  DISOBEYING ORDER                    FSP

09/21/82         0                    POSS OF NARCOTICS                    CENTRALOFFICE     

03/18/83         0                    POSS OF CONTRABAND               FSP - WORK CAMP    

08/30/91         30                  POSS OF NEGOTIABLES               FSP

09/17/97         180                REF. SUB. ABUSE TEST                 UNION C.I.        

11/13/97         43                  REF. SUB. ABUSE TEST                 UNION C.I.        

12/04/97         0                    POSS OF CONTRABAND               UNION C.I.        

 

________________________________________________________________________

 

Report Date:   06/22/01          JFL

Approved:       09/20/01          WS

Updated:         09/14/09          EMJ