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.
SCHOENWETTER, Randy (W/M)
DOB: 10/27/81
Eighteenth Judicial Circuit, Brevard County, Case #00-41829
Sentencing Judge: The Honorable Jack Griesbaum
Attorney, Trial: George McCarthy – Assistant Public Defender
Attorney, Direct Appeal: Christopher S. Quarles – AssistantPublic Defender
Attorney, Collateral Appeals: James Driscoll & DavidHendry – CCRC-M
Date of Offense: 08/12/00
Date of Sentence: 12/05/03
Circumstances of Offense:
On 08/12/00, Randy Schoenwetter broke into the Friskeyresidence with the admitted intentions of forcing one or both of theirdaughters to have sex with him. Schoenwetter was friends with theFriskey’s oldest son and had spent the night at the residence several times.Schoenwetter had spent the previous year riding his bike around town peepinginto windows and fantasizing. He also broke into homes for excitement.
Schoenwetter entered the Friskey residence through a slidingglass door. He took a foot-long kitchen knife and wandered around thehouse. Schoenwetter went to Theresa’s bedroom which was locked, so hecontinued into the bedroom of the youngest daughter, 10-year-oldVirginia. Virginia woke up when Schoenwetter entered her room andshrieked. The noises woke up her mother, Haesun, who then got up to check onVirginia. From the hallway, Haesun saw Schoenwetter standing by herdaughter’s bed touching her. Haesun yelled at Schoenwetter and cannotremember much of what happened next, except that she and Ronald Friskeyattacked Schoenwetter, and he fought back with the knife. After thefight, Schoenwetter went back into Virginia’s room and killed her since she hadrecognized him and called him by his first name. Schoenwetter then left thehouse the same way he entered and rode his bicycle back to his apartment. At his apartment, he took a shower and put the knife, his bloody clothes, andshoes in a bag, which he then threw in a dumpster. The articles were laterretrieved by detectives.
The Friskey’s 16-year-old daughter, Theresa, was in thehouse during the attack, but was not harmed. She had peaked outside herbedroom when she heard the commotion, then locked her door, called 911, and hidin a closet. She reported to 911 that she did not know what was happeningbut to send help.
After the attack, Robert stumbled to the neighbor’s house inhis underwear and had his neighbor call 911. Robert died at his neighbor’shouse before paramedics arrived. Virginia also died that night from stabwounds. Haesun Friskey, however, miraculously survived the attack. Haesun had stab wounds to her abdomen, liver, chest, arms, back, face, andneck. Schoenwetter says the fight is a blur, and he can just rememberthat when Ronald and Haesun attacked him, he flailed wildly with theknife.
Detectives followed a blood trail from the Friskey residenceto the apartment complex that Schoenwetter lived at with his mother. Schoenwetterwas interviewed and brought down to the police station. At the station,in a video-taped interview, Schoenwetter admitted to committing the crimes.Schoenwetter accepted complete responsibility for his actions and pled guiltyto all the charges of his indictment.
Additional Information:
Three mental health experts provided testimony thatSchoenwetter suffers from significant mental problems: Asperger’s Syndrome,which is a form of autism, and attention deficit hyperactivity disorder (ADHD). Schoenwetter’s PET scan confirmed the Asperger’s Syndrome diagnosis byrevealing an abnormal frontal lobe. Schoenwetter’s type of neurologicaldisorder prevented him from reaching emotional maturity. He has an emotionalmaturity level equivalent to an 11- or 12-year-old. The prosecutors,however, contended that Schoenwetter is smart, cold and calculating, with anI.Q. of around 130.
Trial Summary:
08/29/00 Indicted as follows:
Count I: First-DegreeMurder (Virginia Friskey)
Count II: First-Degree Murder(Ronald Friskey)
Count III: Attempted First-DegreeMurder (Haesun Friskey)
Count IV: Armed Burglary
03/05/03 Schoenwetter pled guilty to all charges of the indictment.
09/25/03 Jury recommended death by a vote of 10 to 2 for the murder of Virginia Friskeyand 9 to 3 for the murder of Ronald Friskey.
12/05/03 Sentenced as follows:
CountI: First-DegreeMurder (Virginia Friskey) – Death
Count II: First-Degree Murder(Ronald Friskey) – Death
Count III: Attempted First-DegreeMurder – Life
Count IV: Armed Burglary – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 04-53
931 So. 2d 857
01/14/04 Appeal filed
04/27/06 FSC affirmed convictions and sentence
06/08/06 Rehearing denied
06/26/06 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 06-6410
127 S. Ct. 587
09/06/06 Petition filed
11/13/06 USSC denied petition
Circuit Court – 3.851 Motion
CC# 00-CF-041829
10/30/07 Motion filed
02/19/08 Motion amended
11/07/08 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 08-2271
46 So.3d 535
12/08/08 Appealfiled
07/01/10 FSC affirmed denial of postconvictionmotion
07/15/10 Motion for Rehearing filed
10/06/10 Motion denied
10/22/10 Mandate issued
Florida Supreme Court – Habeas Petition
FSC# 09-955
46 So.3d 535
06/05/09 Petitionfiled
07/01/10 Petition denied
07/15/10 Motion for Rehearing filed
10/06/10 Motion denied
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 10-01582
(Pending)
10/26/10 Petition filed
Case Information:
On 01/14/04, Schoenwetter filed a direct appeal with theFlorida Supreme Court. In his appeal, Schoenwetter argued that erroroccurred when the trial court denied his motion to suppress his confession. Schoenwetter claimed that his constitutional right to effective assistanceof counsel was violated by denying his counsel’s motion to withdraw. Healso contended that error occurred in allowing a medical examiner who did notperform the autopsies to testify. He also argued that denying his motionfor mistrial when the prosecutor deliberately misled the jury aboutSchoenwetter’s lack of significant criminal history and denying his motion todisqualify the judge were erroneous. An argument was made that admittinginflammatory photographs that were not relevant should have not takenplace. Schoenwetter contended that his death sentences were impermissiblyimposed since the court included improper aggravating circumstances, excludedexisting circumstances, and failed to properly find that the mitigatingcircumstances outweighed the aggravating circumstances, rendering the deathsentences unconstitutional. Schoenwetter’s final arguments werethat the court placed a higher burden of persuasion on the defense to provelife imprisonment as an appropriate sentence than the state to prove death andthat the death sentences were unconstitutional since the jury did not give aunanimous death recommendation. On 04/27/06, the Florida Supreme Courtaffirmed Schoenwetter’s convictions and sentence.
On 09/06/06, Schoenwetter filed a Petition for Writ ofCertiorari in the United States Supreme Court that was denied on 11/13/06.
On 10/30/07, Schoenwetter filed a 3.851 Motion in theCircuit Court. This 3.851 Motion was amended on 02/19/08. On11/07/08, the 3.851 Motion was denied in the Circuit Court.
On 12/08/08, Schoenwetter filed a 3.851 Appeal in theFlorida Supreme Court. The FSC affirmed the denial of the postconvictionmotion on 07/01/10. A motion for rehearing was filed on 07/15/10. The motionwas denied on 10/06/10. A mandate was issued on 10/22/10.
On 06/05/09, Schoenwetter filed a Habeas Petition in theFlorida Supreme Court. This petition was denied on 07/01/10. A motion forrehearing was filed on 07/15/10. The motion was denied on 10/06/10.
Schoenwetter filed a Petition for Writ of Habeas Corpus inthe United States District Court, Middle District on 10/26/10. This petition iscurrently pending.
Report Date: 07/10/06 DDK
Approved: 07/13/06 JFL
Updated: 04/12/11 EMJ