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.
LAWRENCE, Gary (W/M)
DC# 039763
DOB: 06/29/57
First Judicial Circuit, Santa Rosa County, Case# 94-397-CFA
Sentencing Judge, Trial: The Honorable Paul A.Rasmussen
Attorney, Trial: John Miller – Private
Attorney, Direct Appeal: Steven L. Seliger – SpecialPublic Defender
Attorney, Collateral Appeals: Mary Catherine Bonner –Federal; TBA – Registry
Date of Offense: 07/28/94
Date of Sentence: 05/05/95
Circumstances of the Offense:
Brenda and Gary Lawrence separated soon after they weremarried. Michael Finken moved in with Brenda and her two daughters,Kimberley and Stephanie Pitts, as well as Rachel Matin, Stephanie’sfriend. On 07/28/94, the day of the murder, Gary and Michael drank a beerat a friend’s house after driving Brenda to work. After Brenda got offwork, Gary and Michael picked her up and took her back to their friend’s houseso they could drink more beer. Upon returning to Brenda’s apartment, Garygot into an argument with Michael and hit him when he discovered that Michaeland Brenda had been sleeping together. Gary and Michael seemed to resolvetheir dispute, and Michael went to sleep on the couch. Soon after Brendaand Gary spoke, Brenda went around the house gathering weapons, which includeda pipe and a baseball bat. Brenda and Gary told Rachel and Kimberly thatthey were “going to knock off Mike.” Gary also told Kimberley to “stayinside your bedroom no matter what you hear.”
While in their bedroom, Rachel and Kimberly said that theyheard a pounding sound. Rachel said that she heard the victim yell, “Stopit, if you stop, I’ll leave.” She said that the victim made thisstatement several times. Kimberly stated that the victim also said,“Please don’t hit me, I’m already bleeding.” Once the pounding noiseceased, the girls were required to help clean up around the victim. Attrial, both girls described the mutilation of the victim’s face. Evenafter the beatings, the victim was still alive. Kimberly said she saw hermother, Brenda, coming out of the kitchen with something that looked like adagger. Then, although Kimberly did not know what her mother had in herhand at the time, she witnessed her mother make a stabbing motion towards thevictim.
Brenda then asked that the girls go enlist the help of ChrisWetherbee. When Chris entered the apartment, he saw the victim’s crushedskull, indistinguishable face, and a mop handle shoved down the victim’sthroat. When Chris asked Gary what was going on, Gary responded bykicking the victim and saying, “This is what’s going on.” When the mophandle was removed from the victim’s throat, Chris heard three or four raggedbreaths come from the victim before the victim stopped breathing anddied. Gary told Chris that he had beaten the victim with a baseball batafter having already beaten him with a pipe until it bent.
Gary and Brenda took a small amount of money from thevictim’s pockets. They then wrapped the body in a shower curtain beforeputting it in the victim’s car. Gary drove the vehicle to an isolatedarea and set the body on fire. When Gary returned to the apartment, heand Brenda danced.
Gary was arrested later that same day while he was drivingthe victim’s car. Gary confessed to the murder stating that he had beatenthe victim because Brenda and the victim had been sleeping together. Themedical examiner testified at trial that the victim’s death was caused by blunttrauma and possible asphyxia. He also stated that the victim was stillalive when the mop handle was forced into his throat. The victim had avery high blood alcohol level, and it was possible that one or more of theblows to his head could have caused a loss of consciousness.
Codefendant Information:
Brenda Lawrence (DC# 975279)
B. Lawrence was convicted and sentenced for the followingoffenses (CC# 94-396):
Count I: First-Degree Murder – Life sentence
Count II: Conspiracyto Commit Murder – 1 year 10 months
Count III: Grand Theft Auto – 1year 10 months
Prior Incarceration History in the State of Florida:
| Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept. of Corrections since January of 1983) |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 04/28/1976 | GRAND THEFT, $300 LESS &20,000 | 06/29/1976 | SANTA ROSA | | 15Y 0M 0D | | |
| 08/30/1981 | ESCAPE | 03/24/1982 | ESCAMBIA | | 1Y 0M 0D | | |
| 08/15/1987 | BURGUNOCCSTRUC/CV OR ATT. | 01/15/1988 | SANTA ROSA | 8700669 | 5Y 0M 0D | | |
| 08/15/1987 | GRAND THEFT,$300 LESS &20,000 | 01/15/1988 | SANTA ROSA | 8700669 | 5Y 0M 0D | | |
| 08/15/1987 | BURGUNOCCSTRUC/CV OR ATT. | 01/15/1988 | SANTA ROSA | 8700671 | 5Y 0M 0D | | |
| 08/15/1987 | GRAND THEFT,$300 LESS &20,000 | 01/15/1988 | SANTA ROSA | 8700671 | 5Y 0M 0D | | |
Trial Summary:
08/24/94 Indicted with the following offenses:
CountI: First-DegreeMurder
CountII: Conspiracy to Commit Murder
CountIII: Petty Theft
CountIV: Grand Theft Auto
03/16/95 Defendant found guilty on all counts
03/17/95 Jury recommended death by a vote of 9-3
05/05/95 Defendant was sentenced as follows:
CountI: First-DegreeMurder – Death
CountII: Conspiracy to Commit Murder– 5 years
CountIII: Petty Theft – Time served
Count IV: Grand Theft Auto – 5 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 85,725
698 So. 2d 1219
05/19/95 Appeal filed
08/28/97 Conviction and sentence affirmed
10/02/97 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 97-6787
522 U.S. 1080; 118 S. Ct. 863; 139 L. Ed. 2d 761
11/17/97 Petition filed
01/20/98 Petition denied
State Circuit Court – 3.850 Motion
CC# 94-397-CFA
01/19/99 Motion filed
10/11/00 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 00-2290
831 So. 2d 121
10/23/00 Appeal filed
10/17/02 FSC affirmed the trial court’s denial of the 3.850 motion
11/18/02 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 01-674
831 So. 2d 121
03/28/01 Petition filed
10/17/02 Petition denied
11/18/02 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 02-8428
538 U.S. 926; 123 S. Ct. 1575
01/09/03 Petition filed
01/21/03 Certiorari filed in FSC
03/24/03 Petition denied
United States District Court, Northern District –Petition for Writ of Habeas Corpus
USDC# 03-97
03/11/03 Petition filed
09/20/04 Petition dismissed
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA# 04-15435
421 F.3d 1221
10/15/04 Appeal filed
08/26/05 USCA affirmed USDC’s order dismissing Habeas Petition as untimely
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 05-8820
126 S. Ct. 1625
01/23/06 Petition filed
03/27/06 Petition granted
10/31/06 Oral argument held
02/20/07 The Court affirmed the FSC’s denial of Lawrence’s Petition for Writ of HabeasCorpus
Factors Contributing to the Delay in Imposition ofSentence:
There have been no undue delays in this case.
Case Information:
Lawrence filed a Direct Appeal to the Florida Supreme Courton 05/19/95. Issues that were raised on appeal included whether the trialcourt erred in finding the cold, calculated, and premeditated aggravator, andwhether Lawrence’s death sentence was disproportionate to other death penaltycases. The Court found the issues either harmless or without merit. The Court affirmed his convictions and death sentence on 08/28/97.
Lawrence filed a Petition for Writ of Certiorari to theUnited States Supreme Court on 11/17/97, which was denied on 01/20/98.
Lawrence filed a 3.850 Motion to the Circuit Court on01/19/99, which was denied on 10/11/00.
Lawrence filed a 3.850 Appeal to the Florida Supreme Courton 10/23/00. Issues that were raised on appeal included 13 claims ofineffective assistance of appellate counsel. The Court found all of theclaims either harmless or without merit and affirmed the Circuit Court’s denialof the 3.850 on 10/17/02.
A Petition for Writ of Habeas Corpus was filed to theFlorida Supreme Court on 03/28/01. Issues that were raised on appeal included13 claims of ineffective assistance of appellate counsel. The Court foundall of the claims either harmless or without merit and denied the petition on10/17/02.
On 01/09/03, Lawrence filed a Petition for Writ of Certiorarito the United States Supreme Court. It was filed in the Florida SupremeCourt on 01/21/03 and was eventually denied on 03/24/03.
On 03/11/03, a Petition for Writ of Habeas Corpus was filedto the United States District Court, Northern District. The petition wasdismissed on 09/20/04.
On 10/15/04, Lawrence filed a Habeas Appeal to the UnitedStates Court of Appeals, 11th Circuit. The Court affirmed the UnitedStates District Court’s order dismissing Lawrence’s Habeas Petition asuntimely.
On 01/23/06, Lawrence filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was granted on03/27/06. The oral argument was held on 10/31/06. On 02/20/07, theCourt affirmed the Florida Supreme Court’s denial of Lawrence’s Petition forWrit of Habeas Corpus.
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ReportDate: 12/17/02 CC
ApprovalDate: 01/02/03 WS
Updated: 03/26/09 AEH