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. 

WHITE, William Melvin (W/M)

DC #    067048

DOB:   05/23/45

Ninth Judicial Circuit, Orange County, Case #CR78-1840

Sentencing Judge: The Honorable Alice Blackwell White

Resentencing Judge: The Honorable Margaret T. Waller

Attorneys, Trial: Steven H. Malone - Assistant PublicDefender

Attorney, Resentencing: Chandler R. Muller - Private

Attorneys, Direct Appeal: Craig S. Barnard & Richard B.Greene - Assistant Public Defender

Attorneys, Direct Appeal (Resentencing): Chandler R. Muller- Private

Attorney, Collateral Appeals: Eric Pinkard – Private

Date of Offense: 06/06/78

Date of Sentence: 12/20/78

Date of Resentencing: 04/20/00

Circumstances of Offense:

William Melvin White was convicted of murdering Gracie MaeCrawford on 06/06/78.

White was a member of a motorcycle gang in Kentucky calledthe Outlaws.  He was visiting the Orlando chapter of the Outlaws the nightof the murder.  On the night of 06/06/78, the motorcycle gang went out toa nightclub in Orlando to have a few drinks. While at the nightclub, the groupmet the victim, Gracie Mae Crawford.  After spending a few hours drinkingat the nightclub, the Outlaws and Crawford went back to their clubhouse.

Shortly after returning to the clubhouse, White and hisgirlfriend went to the bedroom they were staying in while Crawford remainedwith the gang and continued to drink.  White and his girlfriend remainedin the bedroom until another gang member, Richard DiMarino, knocked on the doorand told White that Crawford liked African Americans and they needed to “teachher a lesson.”   Upon hearing this, White left the bedroom and wentinto the kitchen where he, DiMarino, and a third gang member, Guy Ennis Smith,preceded to beat Crawford.  After the three men had finished beating her,White and DiMarino took her from the kitchen and put her in the front seat ofWhite’s girlfriend’s car.  They drove the car to a secluded area at the endof a deserted road where they pulled Crawford from the car and then passed herover a barbed wire fence and laid her on the ground.  White then sat ontop of Crawford and fatally stabbed her in the chest 14 times and then cut herthroat.  White then gave the knife to DiMarino who cut her throatagain. 

DiMarino and White left the crime scene and attempted toreturn home, but the two men ran out of gas and pulled into the Seaworldparking lot.  Two security guards on duty (who later identified the twomen to authorities) gave the men some gas for their car.  White andDiMarino then returned to the crime scene and picked up Crawford’s body anddisposed of it in a different location. 

Codefendant Information:

Richard DiMarino, the codefendant in this case, received alesser charge and sentence in return for his testimony against White.  Hewas found guilty of third-degree murder and was sentenced to fifteen years inprison.

Trial Summary:

07/11/78         Defendant was indicted on the following charges:

                                   Count I:          First-Degree Murder (Gracie Mae Crawford)

11/30/78         Jury returned a guilty verdict.

11/30/78         Jury recommended the Death Penalty by a 12-0 majority.

12/20/78         The defendant was sentenced as followed:

CountI:           First-DegreeMurder (Gracie Mae Crawford) – Death

03/11/99         The Florida Supreme Court affirmed the trial court’s denial of the 3.850 motionbut remanded the case for a new penalty phase hearing.

Resentencing:

11/23/99         Jury recommended the Death Penalty by a 10-2 majority.

04/20/00         The defendant was resentenced to death.

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #55,875

415 So.2d 719

01/08/79         Appeal filed.

04/01/82         FSC affirmed the conviction and sentence.

07/08/82         Rehearing denied.

11/29/82         Mandate issued.

State Circuit Court - 3.850 Motion

CC #78-1840

10/04/83         Motion filed.

02/23/87         Stay of execution granted by Florida Supreme Court to hold an evidentiaryhearing.

04/18/96         Motion denied.

Florida Supreme Court - Petition for Writ of HabeasCorpus

FSC #71,184

523 So. 2d 140

09/24/87         Petition filed.

01/28/88         Petition denied.

04/13/88         Rehearing denied.

United States Supreme Court - Petition for Writ ofCertiorari

USSC #87-7235

488 U.S. 871

06/13/88         Petition filed.

10/03/88         Petition denied.

Florida Supreme Court - 3.850 Appeal

FSC #88,686

29 So.2d 909

08/08/96         Appeal filed.

03/11/99         Florida Supreme Court remanded the case to the trial court for a new penaltyphase hearing.

04/19/99         Rehearing denied.

05/19/99         Mandate issued.

Florida Supreme Court - Direct Appeal (Resentencing)

FSC #00-1148

817 So. 2d 799

05/26/00         Appeal filed.

04/04/02         Sentence affirmed.

05/16/02         Rehearing denied.

United States Supreme Court - Petition for Writ ofCertiorari  

USSC #02-6894

123 S. Ct. 699

10/11/02         Petition filed.

12/16/02         Petition denied.

State Circuit Court – 3.850 Motion

CC #78-1840

12/16/03         Motion filed.

10/25/04         Evidentiary hearing held.

06/23/05         Evidentiary hearing held.

08/05/05         Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #05-1613

964 So.2d 1278

09/06/05         Appeal filed.

07/12/07         FSC affirmed denial of motion.

07/27/07         Motion for Rehearing filed.

09/10/07         Rehearing denied.

09/26/07         Mandate issued.

United States District Court, Middle District –Petition for Writ of Habeas Corpus

USDC #07-CV-1834

(Pending)

11/19/07          Petition filed

02/10/10          USDC administratively stayed case pendingfinal resolution of Holland by the USSC

08/13/10          Motion to reopen case and scheduleEvidentiary Hearing

10/08/10          Order granting motion to reopen case anddenying, without prejudice, a motion to schedule an Evidentiary Hearing

State Circuit Court – 3.851 Motion

CC #78-1840

01/24/11          Motion filed

03/24/11          Motion denied

Warrants:

02/02/87         Death Warrant signed by Governor Martinez.

02/20/87         Stay of Execution granted by Circuit Court Judge Stroker.

Clemency:

09/16/83         Clemency hearing held.

Factors Contributing to the Delay in Execution ofSentence

On 01/08/79, William Melvin White filed a Direct Appeal inthe Florida Supreme Court that was pending for approximately 3 ½ years untilthe FSC affirmed the convictions and sentences of the trial court on04/16/82.  White then filed a 3.850 Motion to Vacate Judgment andSentences on 10/04/83, and obtained a Stay of Execution from the Circuit Courtpending an evidentiary hearing.  His 3.850 Motion was not decided on until04/18/96, 13 years after it was originally filed. Following this decision, thedefendant filed an Appeal regarding the denial of his 3.850 Motion that was inthe Florida Supreme Court for approximately three years, until the FSC remandedhis case to the trial court for a new penalty phase hearing on03/11/99.  

Case Information:

On 01/08/79, William White filed his Direct Appeal in theFlorida Supreme Court.  He claimed there was prosecutorial misconduct withregard to comments made by the prosecutor.  He also contended that thetrial court erred in the jury selection process.  The Florida SupremeCourt found no merit in any of the claims and affirmed White’s conviction andsentence on 04/01/82.

On 10/04/83, White filed a 3.850 Motion in the CircuitCourt.  This Motion was denied on 04/18/96.

On 09/24/87, the defendant filed a Petition for Writ ofHabeas Corpus in the Florida Supreme Court.  The Petition was denied on01/28/88. 

Following the denial of his Petition for Writ of HabeasCorpus on 06/13/88, William White filed a Petition for a Writ of Certiorari inthe United States Supreme Court, which was denied on 10/03/88. 

On 08/08/96, White filed a 3.850 Motion Appeal in theFlorida Supreme Court.  White contended in the appeal that he receivedineffective counsel.  He also claimed that details about a deal made withDiMarino were not disclosed by the State.  The Court found no merit tothese two claims.  In his final claim White contended that there was aviolation of Hitchcock.  The Court found that the trial court improperlybarred mitigating circumstances that should have been considered.  On03/11/99, the Florida Supreme Court remanded the case to the trial court withinstructions to conduct another sentencing proceeding. 

White was resentenced on 04/20/00.  He filed his DirectAppeal on 05/26/00.  In his appeal, White claimed that the trial courterred in not allowing facts of a previous crime he had committed but allowedthe criminal history of DiMarino.  The Court found no abuse of the trialcourt’s discretion.  White also contended that the trial court erred infinding the hindering the enforcement of laws aggravator.  The Court foundthat there was substantial evidence in support of the aggravatingcircumstance.  White also argued that the trial court erred by not findingthat he acted under extreme duress during the murder as an aggravatingcircumstance.  Again, the Court found substantial evidence in support ofthe trial court’s ruling.  In White’s final claim he argued that his deathsentence was not proportionate in regard to DiMarino’s sentence.  TheCourt found that White was the more culpable defendant and found that hissentence was proportionate.  The Court affirmed White’s conviction andsentence on 04/04/02.  His Rehearing was denied on 05/16/03.

White filed a Petition for a Writ of Certiorari in theUnited States Supreme Court on 10/11/02.  This petition was subsequentlydenied on 12/16/02.

White filed a 3.850 Motion in the State Circuit Court on12/16/03, which was denied on 08/05/05.

On 09/06/05, White filed a 3.850 Appeal in the FloridaSupreme Court.  On 07/12/07, the FSC affirmed denial of motion. White filed a Motion for Rehearing on 07/30/07, which was denied on09/10/07.  On 09/26/07, the Florida Supreme Court issued a mandate forthis appeal.

On 11/19/07, White filed a Petition for Habeas Corpus in theUSDC, Middle District.  This case is currently pending. On 02/10/10, theUSDC administratively stayed the case pending a final resolution of Hollandin the USSC.  On 08/13/10, White filed a motion to reopen the case and schedulean Evidentiary Hearing.  On 10/08/10, the USDC issued an order granting themotion to reopen the case and denying the motion to schedule an EvidentiaryHearing without prejudice.

White filed a successive 3.851 Motion in the State CircuitCourt on 01/24/11.  The motion was denied on 03/24/11.

Institutional Adjustment:

____________________________________________________________________

Reported         07/07/03          EMC

Approved        7/22/03            WS

Updated          04/13/11          MJH