The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.

PIETRI, Noberto (H/M)

AKA:  Spiderman

DC# 096867

DOB:  03/13/63

Fifteenth Judicial Circuit, Palm Beach County Case#88-11366-CF

Sentencing Judge:  The Honorable Marvin U. Mounts, Jr.

Attorney, Trial:  William Hennis – Assistant PublicDefender

Attorney, Direct Appeal:  Peter Birch – Private

Attorneys, Collateral Appeals:  William Hennis – CCRC-S

Date of Offense:  08/22/88

Date of Sentence:  03/15/90

Circumstances of the Offense:

Noberto Pietri was at Lantana Community Correctional WorkRelease Center awaiting a transfer to a more secure facility. On 08/18/88,Pietri walked away from the center. For the next four days he used cocaine andcommitted burglaries to acquire the money to support his drug use. One suchincident occurred on 08/22/88. Pietri broke into a house and stole itemsincluding a 9-mm semiautomatic and a .38-caliber revolver.

Preceding the burglary, Pietri was driving a stolen silverpickup truck. A witness saw a man (later identified as Pietri) driving a silverpickup truck speed past Officer Chappell. Officer Chappell was on hismotorcycle patrolling for speeding motorists. After being followed by theOfficer Chappell for approximately one mile, Pietri stopped the truck.Witnesses stated that Officer Chappell approached the truck with his gun in hisholster. The officer was shot once in the chest within two to four feet of thetruck. Officer Chappell radioed that he had been shot. When the first officerarrived on the scene, he stated that Officer Chappell’s gun was still in itsholster, but that the holster had been unsnapped. The shot resulted in OfficerChappell’s death.

Pietri left the scene and drove to his nephew’s house. Hedisposed of the truck by dumping it into a canal off the Florida Turnpike.Pietri’s fingerprint was found on the inside of the driver’s window. A searchensued for Pietri.

On 08/24/88, Pietri stole another car. An officer, who wasnot in uniform, identified Pietri. Pietri threatened to shoot the officer andproceeded to escape. Later that same evening, Pietri stole a car from thedriveway of a young couple. The wife was seated in the driver’s seat while thehusband had returned to the home to retrieve something. Pietri jumped into thecar and demanded that the wife drive. He said, “Drive, or I’ll shoot you.” When she hesitated, Pietri pushed her out of the car and started to driveaway. Pietri did slow down to allow the husband to take the couple’s child fromthe back seat.

A police officer spotted the stolen car. Pietri stopped thecar and motioned for the officer to approach the car. As the officer approachedwith his gun drawn, Pietri sped away. A car chase that involved speeds of over100 mph took place until Pietri lost control of the car. Pietri then jumped outof the car and proceeded to run away. While running he reached in his pants,pulled out a bag of cocaine, and placed it in his mouth. An officer caught upwith Pietri and arrested him.

A forensic examiner testified that Officer Chappell was shotfrom a distance of three to eight feet and that the 9-mm bullet that killedOfficer Chappell matched the casings of the bullets provided from the stolenfirearms.

Additional Information:

Pietri was previously incarcerated at the time of theoffense for three counts of Grand Theft and three counts of Burglary committedin 1984; six counts of Burglary and two counts of Grand Theft committed in1986.

Trial Summary:

09/22/88          Indicted as follows:

                                    Count I:           Escape

                                    Count II:         Burglary(Auto)

                                    Count III:        GrandTheft (Auto)

                                    Count IV:        Burglary(Dwelling)

                                    Count V:         GrandTheft

            CountVI:        Possession of a Firearm During the Commission of a Felony

                                    Count VII:      FirstDegree Murder

            CountVIII:     Possession of a Firearm During the Commission of a Felony

                                    Count IX:        Possessionof a Firearm by a Convicted Felon

                                    Count X:         Burglary(Auto)

                                    Count XI:        GrandTheft (Auto)

                                    Count XII:      Robbery(Strongarm)

                                    Count XIII:     GrandTheft (Auto)

                                    Count XIV:     AttemptedKidnapping

                                    Count XV:      FalseImprisonment

                                    Count XVI:     Possessionof Cocaine

02/07/90          Jury returned guilty verdicts on allcounts of the indictment, excluding

Count IX.

02/23/90          Jury recommended death by a vote of 8-4.

03/15/90          Sentenced as follows:

Count I:           Escape– 15 years consecutive to any active sentence being served and consecutive toCounts 2-5, 7, 10-12, 14 and 16.

Count II:         Burglary(Auto) – 5 years concurrent with Count 3 and consecutive to Counts 1, 4, 5, 7,10-12, 14, 16

Count III:        GrandTheft (Auto) – 5 years concurrent with Count 2 and consecutive to Counts 1, 4,5, 7, 10-12, and 16

Count IV:        ArmedBurglary (Dwelling) – Life concurrent with Count 5 and consecutive to Counts1-3, 7, 10-12, 14, and 16

Count V:         GrandTheft – 5 years concurrent with Count 4 and consecutive to Counts 1-3, 7,10-12, 14, and 16

                                    Count VII:      FirstDegree Murder - Death

                                    CountVIII:     Possession of a Firearm During the Commission of

a Felony – nolleprossed

                                    Count X:         Burglary– 5 years concurrent with Count 11 and

consecutive toCounts 1-3, 7, 12, 14, and 16

                                    Count XI:        GrandTheft (Auto) – 5 years concurrent with Count

10 andconsecutive to Counts 1-5, 7, 12, 14, and 16

                                    Count XII:      Robbery(Strongarm) – 15 years concurrent with

Count 14 and consecutive to Counts1-5, 7, 10, and 16

                                    Count XIII:     GrandTheft (Auto) – nolle prossed

                                    Count XIV:     AttemptedKidnapping – 15 years concurrent with

Count 12 and consecutive to Counts1-5, 7, 10, and 16

                                    Count XV:      FalseImprisonment – nolle prossed

                                    Count XVI:     Possessionof Cocaine – 5 years consecutive to

Counts 1-5, 7,10-12, and 14

As part of a stipulation between the State and the defense,Pietri was not adjudicated or sentenced for three counts and nolle prossed onone count.

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 75,844

644 So. 2d 1347

04/20/90          Appeal filed

09/29/94          FSC affirmed the conviction and sentenceof death and remanded the

noncapital casesfor resentencing

11/22/94          Rehearing denied

12/22/94          Mandate issued

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 94-8975

515 U.S. 1147

04/21/95          Petition filed

06/19/95          Petition denied

State Circuit Court – 3.850 Motion

CC# 88-11366-CF

03/17/97          Motion filed

08/27/02          Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 02-2314

885 So.2d 245

10/31/02          Appeal filed

08/26/04          Affirmed the denial of 3.850 Motion

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 03-1044

885 So.2d 245

06/11/03          Petition filed

08/26/04          Petition denied

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

USDC# 04-81180

12/23/04          Petition filed

04/18/08          Petition denied

05/02/08          Motion to Alter Judgment filed

03/05/09          Motion to Alter Judgment denied

United States Court of Appeals, 11th Circuit – HabeasPetition Appeal

USCA# 09-11750

(Pending)

04/08/09          Appeal filed

State Circuit Court – Successive 3.851 Motion

CC# 88-11366-CF

(Pending)

11/29/10          Motion filed

12/27/10          State’s Response filed

Factors Contributing to the Delay in Execution ofSentence:

The Direct Appeal was pending in the Florida Supreme Courtfor four years, and the 3.850 Motion was pending for five years.

Case Information:

Pietri filed a Direct Appeal to the Florida Supreme Court on04/20/90.  Pietri raised 19 issues in the appeal related to his deathsentence mainly pertaining to jury selection, pretrial motions, andjury-sentencing instructions.  The issues were found to have no merit orerror, not preserved for review, or not supported by the evidence.  TheCourt vacated the sentences for the noncapital crimes and remanded forresentencing because guideline score sheets were not prepared.  The Courtaffirmed Pietri’s convictions and death sentence on 09/29/94.  Therehearing was denied on 11/22/94, and the mandate was issued on 12/22/94.

Pietri filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 04/21/95.  The Petition was denied on 06/19/95.

Pietri filed a 3.850 Motion to the Circuit Court on03/17/97, which was denied on 08/27/02.

Pietri filed a 3.850 Appeal to the Florida Supreme Court on10/31/02.  On 08/26/04, the Court affirmed the denial of his 3.850 Motion.

Pietri additionally filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court on 06/11/03, which was denied on 08/26/04.

Pietri filed a Petition for Writ of Habeas Corpus to theUnited States District Court, Southern District on 12/23/04.  The petitionwas denied on 04/18/08.  On 05/02/08, Pietri filed a Motion to Alter Judgment,which was denied on 03/05/09.

On 04/08/09, Pietri filed a Habeas Petition Appeal in theUnited States Court of Appeals, 11th Circuit.  This appeal is currentlypending.

On 11/29/10, Pietri filed a Successive 3.851 Motion in theState Court.  This motion is currently pending.

Institutional Adjustment:

________________________________________________________________________

Report Date:   02/05/02          NMP

Approved:       02/10/02          WS

Updated:         02/07/11          CAR