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 on for statistical or legal purposes.
BOGLE, Brett (W/M)
DC # 110365
DOB: 05/01/69
Thirteenth Judicial Circuit, Hillsborough County, Case#91-12952
Sentencing Judge: The Honorable Susan Bucklew
Trial Attorneys: Douglas Roberts & Paul Firmani –Assistant Public Defenders
Attorney, Direct Appeal: Robert F. Moeller – AssistantPublic Defender
Attorney, Collateral Appeals: Linda McDermott – Registry
Dates of Offenses: 09/01/91& 09/13/91
Date of Sentence: 02/15/93
Circumstances of Offense:
Brett Bogle, the defendant, was convicted and sentenced todeath for the murder of Margaret Torres on 09/13/91.
Margaret Torres stayed with her sister, Katie Alfonso, fourto five nights a week. In June 1991, Alfonso met the defendant, and soonafter, Bogle moved in with the two sisters. Since Bogle and Torres nevergot along, Alfonso had to ask him to move out. The three remainedacquaintances and went out together on 09/01/91, the week after Bogle movedout. During the course of the evening, Bogle and Torres began toargue. The sisters refused to let him in their house, but Bogle brokethrough the screen door and pushed his way past Alfonso to stop Torres from calling911. Bogle warned Torres that he would kill her if she told the policeand pressed charges. Bogle called Alfonso a few days after the incidentand again threatened that if Torres contacted the police, she would not live totell about it.
On 09/13/91, Bogle ran into Torres at a local bar. Witnesses testified that Bogle was clean and free of any visible injuries whenhe entered the bar and that he and Torres spoke briefly. Torres left thebar at 1 a.m., and the defendant was seen leaving five minutes later. WhenBogle was seen 45 minutes later outside the bar, his clothes were soiled, hiscrotch was damp and his face was scratched.
Torres’ nude body was found the next day close to thebar. She had been beaten severely, her head had been crushed with a pieceof cement, and medical examiners found semen in her vagina and anus. Tests confirmed that the semen matched Bogel’s DNA type, and that only 12.5percent of white males could have left that particular type of semen.
Prior Incarceration History in Florida:
| Offense Date | Offense | Sentence Date | County | Case # | Sentence |
| 05/08/1987 | BURG/DWELL/OCCUP.CONVEY | 01/05/1988 | ALACHUA | 8703154 | 2Y 0M 0D |
| 05/08/1987 | GRAND THEFT FIREARM | 01/05/1988 | ALACHUA | 8703154 | 2Y 0M 0D |
| 09/03/1987 | GRAND THEFT MOTOR VEHICLE | 01/05/1988 | ALACHUA | 8703370 | 2Y 0M 0D |
Trial Summary:
09/14/91 Defendant arrested.
10/02/91 Defendant indicted on:
Count I: First-DegreeMurder
Count II: Burglary with Assault
Count III: Retaliation Against aWitness
Count IV: Robbery
10/01/92 The jury found the defendant guilty on Counts I, II, & III. Bogle was
found not guiltyon Count IV – Robbery.
10/02/92 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the
death penalty.
12/22/92 Order granting Motion for Retrial – Penalty Phase.
02/10/93 Upon advisory sentencing at the second penalty phase, the jury, by a 10 to
2 majority, votedfor the death penalty.
02/15/93 The defendant was sentenced as followed:
Count I: First-DegreeMurder - Death
Count II: Burglary with Assault –Life in Prison
Count III: Retaliation Against a Witness –5 years
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #81,345
655 So. 2d 1103
03/01/93 Appeal filed.
02/16/95 FSC affirmed the convictions and sentence of death.
06/15/95 Rehearing denied.
07/17/95 Mandate issued.
United States Supreme Court - Petition for Writ ofCertiorari
USSC #95-5987
516 U.S. 978
09/13/93 Petition filed.
11/13/95 Petition denied.
State Circuit Court - 3.850 Motion
CC #91-12952
(pending)
03/18/97 Motion filed.
07/05/00 Motion amended.
11/30/00 Motion amended.
06/13/03 Motion amended.
04/02/07 Order denying in part and granting Evidentiary Hearing.
06/06/08 Motion amended.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Bogle’s 3.850 Motion was pending for more than tenyears.
Case Information:
Subsequent to his initial sentencing, Bogle was granted anew penalty phase by the Circuit Court on 12/22/92. During the secondpenalty phase, the judge sentenced the defendant to death on 02/15/93.
On 03/01/93, Bogle filed a Direct Appeal in the FloridaSupreme Court. In his appeal, Bogle cited that the court erred inallowing the State Attorney’s Office of the 13th Circuit to handle his casewhen that office had hired one of his defense attorneys. Bogle alsoargued that the court prevented the penalty phase jury from hearing importantevidence. He also claimed that the court erred in its application ofseveral aggravating factors. The Florida Supreme Court affirmed theconvictions and sentence of death on 02/16/95. The mandate was issued on07/17/95.
Bogle filed a Petition for Writ of Certiorari on 09/13/95,which was denied on 11/13/95.
On 03/18/97, Bogle filed a 3.850 Motion in the State CircuitCourt and amended the Motion on 07/05/00, 11/30/00, and 06/13/03. On03/10/04 and 04/24/06, Evidentiary Hearings were held. On 04/02/07, thismotion was denied in part and an Evidentiary Hearing was granted. The motionwas amended on 06/06/08 and an Evidentiary Hearing was held on11/30/09-12/01/09.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- ---------------
03/27/93 15 POSS OF UNAUTHBEV. FSP
02/01/94 0 DISORDERLY CONDUCT UNION C.I.
09/05/94 60 ASSAULTS OR ATTEMPT UNION C.I.
05/19/95 0 DISORDERLY CONDUCT UNION C.I.
08/13/95 0 DISRESP.TOOFFICIALS UNION C.I.
08/13/95 0 DISOBEYINGORDER UNIONC. I.
08/23/95 0 SPOKENTHREATS UNION C. I.
09/10/95 0 POSS OF CONTRABAND UNIONC. I.
03/04/97 0 DISRESP.TOOFFICIALS UNION C.I.
03/04/97 0 DISOBEYINGORDER UNION C. I.
04/07/97 120 UNAUTH USE OF DRU UNION C. I.
09/08/97 0 FIGHTING UNION C.I.
01/08/98 0 DISRESP.TO OFFICIALS UNION C.I.
05/28/98 0 FIGHTING UNION C. I.
02/22/99 0 POSS OF NEGOTIABL UNION C. I.
02/22/99 0 POSS OFWEAPONS UNION C. I.
08/27/99 0 DISOBEYING ORDER UNION C. I.
07/23/01 60 UNARMED ASSAULT UNION C. I.
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11/02/01 – ew
11/07/01 – approved – ws
02/11/10 – updated – kkr