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
DessaureKenneth R05023CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
8/24/2009FSC09-1551Habeas filed
5/5/2010FSC09-1551Oral Arguments held
10/7/2010FSC09-1551Petition denied
10/22/2010FSC09-1551Motion for rehearing
2/17/2011FSC09-1551Motion for rehearing denied
3/4/2009FSC09-3933.850 Appeal
8/21/2009FSC09-393Initial Brief
11/23/2009FSC09-393Answer Brief
1/26/2010FSC09-393Reply Brief
5/5/2010FSC09-393Oral Arguments held
10/7/2010FSC09-393Denial affirmed
10/22/2010FSC09-393Motion for rehearing
2/17/2011FSC09-393Motion for rehearing denied
3/7/2011FSC09-393Mandate issued
3/9/2011USDC11-00500Petition for Writ of Habeas Corpus filed
2/28/2006CC99155223.851 Motion
8/4/2006CC9915522CMC
3/10/2008CC9915522Evidentiary Hearing
12/15/2008CC9915522Status Conference
2/5/2009CC9915522Denied

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
Driscoll, Jr.James L.Tampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Driscoll, Jr.99-15522DowneyPinellasMiddle  

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. 

 

DESSAURE, Kenneth Louis (B/M)

DC#    R05023    

DOB:   01/28/78

 

­­­Sixth Judicial Circuit, Pinellas County Case # 99-15522

Sentencing Judge: The Honorable Brandt Downey

Attorney, Trial: Michael Schwartzberg – Private

Attorney, Direct Appeal: Paul Helm – Assistant PublicDefender

Attorney, Collateral Appeals:  James Driscoll – CCRC-M

 

Date of Offense:          02/09/99

Date of Sentence:        10/26/01

 

Circumstances of Offense:

 

On 02/09/99, Kenneth Dessaure called 911 to report that hefound a naked, dead woman in her apartment hallway.  Dessaure told the 911operator that he went to the apartment of his neighbor, Cindy Riedweg, toborrow some ice, and he discovered the body.  Riedweg’s body was lyingface down with her arms tucked under her body.  The body had fifty-threewounds, including three bruises, fifteen scrapes and pick marks; sixteensuperficial cuts; fifteen deeper cuts; and four stab wounds.  Multiplestab wounds to the torso and neck were the cause of death.

 

In a statement to police, Dessaure stated that he sawRiedweg sunbathing as he took out the trash.  When he returned to hisapartment, he began washing dishes but cut his palm while washing aknife.  Dessaure’s ice cube tray was empty, so he went next door toRiedweg’s apartment for some ice.  He knocked on the door and yelled for“Cindy,” but the door was unlocked, so he entered the apartment.  He foundRiedweg lying on the floor and left the apartment. 

 

Forensic analysis of Dessaure’s clothing yielded bloodstains that matched Riedweg’s DNA profile, and a towel and comforter fromRiedweg’s apartment tested positive for semen that was matched toDessaure.  A blood-stained knife was found in Dessaure’s kitchen. 

 

According to two of Dessaure’s fellow inmates at thePinellas County Jail, Valdez Hardy and Shavar Sampson, Dessaure admitted to therape and murder of Cindy Riedweg.    

 

Prior Incarceration History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

07/25/1996

ROBB. GUN/DEADLY WPN(CONSPIRACY TO COMMIT)

06/14/1999

PINELLAS

9612985

2Y 6M 0D

 

Prior Community Supervision History in the State ofFlorida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Community Supervision Length

07/26/1996

ROBB. GUN/DEADLY WPN

01/13/1997

PINELLAS

9612985

0Y 18M 0D

07/26/1996

ROBB. GUN/DEADLY WPN

07/28/1997

PINELLAS

9612985

2Y 0M 0D

 

 

Trial Summary:

 

08/26/99         Indicted as follows:

                                   Count I:           First-Degree Murder

09/05/01         Jury returned a guilty verdict

09/06/01         Jury recommendation waived

09/11/01         Penalty phase held

10/26/01         Sentenced as follows:

                                   Count I:           First-Degree Murder – Death

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 02-286

891 So.2d 455

 

02/07/02         Appeal filed

12/02/04         FSC affirmed conviction and sentence

12/22/04         Mandate issued

 

Circuit Court – 3.851 Motion

CC# 99-15522

 

02/28/06         Motion filed

02/05/09         Motion denied

 

Florida Supreme Court − 3.851 Appeal

FSC# 09-393

 

03/04/09         Appeal filed

10/07/10          Denialaffirmed

10/22/10          Motionfor rehearing

02/17/11          Motiondenied

03/07/11          Mandateissued

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 09-1551

 

 

08/24/09          Petitionfiled

10/07/10          Petitiondenied

10/22/10          Motionfor rehearing

02/17/11          Motiondenied

 

United StatesDistrict Court – Petition for Writ of Habeas Corpus

USDC# 11-00500

(Pending)

 

03/09/11          Petitionfiled

 

Factors Contributing to the Delay in Imposition ofSentence:

 

The case progression appears to be within acceptable timeparameters.

  

Case Information:

 

On 02/07/02, Dessaure filed a Direct Appeal with the FloridaSupreme Court, citing the following trial court errors: denying a motion formistrial based on the prosecutor’s opening statement; refusing to allowevidence that two marijuana cigarettes were found in Riedweg’s apartment;refusing to allow the defense to present evidence that Riedweg’s boyfriendsmoked marijuana; allowing the State to argue that Dessaure was the source ofthe cigarette ash found in Riedweg’s sink; allowing the State to impeach thetestimony of two defense witnesses; denying a motion to exclude evidence regardingDessaure’s argument with his fiancée; allowing the defendant to waive a penaltyphase jury without a valid waiver; failing to allow a jury to make a sentencingrecommendation; failing to charge aggravating circumstances in the indictment;failing to have sufficient evidence to convict; and failing to sentenceproportionately.  On 12/02/04, the FSC affirmed the conviction andsentence. 

 

On 02/28/06, Dessaure filed a 3.851 Motion with the CircuitCourt that was denied on 02/05/09. 

 

On 03/04/09, Dessaure filed a 3.851 Appeal with the FloridaSupreme Court. This appeal was denied on 10/07/10. On 10/22/10, Dessaure fileda motion for rehearing. That motion was denied on 02/17/11.

 

On 08/24/09, Dessaure filed a Petition for Writ of HabeasCorpus with the Florida Supreme Court. This petition was denied on 10/07/10. On10/22/10, Dessaure filed a motion for rehearing. That motion was denied on02/17/11.

 

On 03/09/11, Dessaure filed a petition for Writ of HabeasCorpus in the United States District Court. That petition is pending.

  

Institutional Adjustment:

 

THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.

 

                                                                    

DATE             DAYS             VIOLATION                          LOCATION      

06/25/02         14                  FIGHTING                             FLORIDA STATE PRISON

 

________________________________________________________________________

 

Report Date:    01/11/05          JFL

Updated:         04/19/11          JJK