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. 

HERNANDEZ-ALBERTO, Pedro (W/M)

DC#     T28329

DOB:   01/15/63

­­­Thirteenth Judicial Circuit, Hillsborough County Case #99-117

Sentencing Judge: The Honorable Daniel Perry

Attorney, Trial: Pro Se, Daniel Hernandez & CharlesTraina – APD & Court-Appointed

Attorney, Direct Appeal: John Fisher – Assistant PublicDefender

Attorney, Collateral Appeals:  Mark Gruber – CCRC-M

Date of Offense:          01/03/99

Date of Sentence:        05/28/02

Circumstances of Offense:

Pedro Hernandez-Alberto and Maria Gonzalez were married andhad one child together.  Maria Gonzalez had an adult son, SalvatoreGonzalez, an adult daughter, Isela Gonzalez, and a minor 11-year-old daughter,Donna Berezovsky, from other relationships.  Maria’s children lived withher and Hernandez-Alberto during their marriage.  Maria owned and operateda family business called the Apollo Beach Family Restaurant. 

On the morning of 01/03/99, Hernandez-Alberto and Mariacontinued an ongoing argument about ownership of the home and restaurant. Hernandez-Alberto insisted that his name be placed on the title to the home andrestaurant, which Maria owned before their marriage.  Maria left the hometo go to work at the restaurant.  After Maria’s departure,Hernandez-Alberto confronted Donna in the family room.  When she refusedto pick up a toy, he struck her on the head, knocking her to the floor. As she lay face down on the floor, he removed a gun from his fanny pack andshot her in the back, killing her. 

After shooting Donna, Hernandez-Alberto drove to therestaurant where Maria and Isela were working.  He confronted Isela in thekitchen and shot her three times – once in the lower back, once in the upperback, and once in the neck.

After shooting Isela, Hernandez-Alberto fled toward Mexico,but was arrested in Brookshire, Texas.  He was interviewed by theBrookshire police chief and confessed to shooting and killing both Donna andIsela.    

Additional Information:

During trial, the competency of Hernandez-Alberto was inquestion.  At a competency hearing on 05/18/99, the trial court found himincompetent to proceed.  At three subsequent competency hearings, however,held on 11/09/99, 08/20/01, and 11/19/01, the trial court found him competentto proceed. 

On 07/21/09, a competency evaluation hearing was ordered.

Trial Summary:

01/13/99         Indicted as follows:

                                   Count I:           First-Degree Murder (Donna Berezovsky)

                                   Count II:          First-Degree Murder (Isela Gonzalez)

08/24/01         Jury returned guilty verdicts on both counts of the indictment

11/29/01         Jury recommended death by a vote of 10-2

05/28/02         Sentenced as follows:

                                   Count I:           First-Degree Murder (Donna Berezovsky) – Death

                                   Count II:          First-Degree Murder (Isela Gonzalez) – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 02-1617

889 So.2d 721

07/23/02         Appeal filed

09/23/04         FSC affirmed convictions and sentences

12/10/04         Rehearing denied

12/30/04         Mandate issued

Circuit Court – 3.851 Motion

CC# 99-117

03/10/06         Motion filed

03/16/06         Motion amended

03/18/09         Motion amended

11/02/10            Motion dismissed with prejudice

Florida Supreme Court – 3.850 Appeal

FSC# 10-2471

(Pending)

12/29/10            Appeal filed

Case Information:

On 07/23/02, Hernandez-Alberto filed a Direct Appeal with theFlorida Supreme Court, citing the following trial court errors: finding ofcompetence to proceed; allowing pro se representation; denying a motion forcontinuance; denying a motion for a PET scan; finding evidence ofpremeditation; proportionality of the death penalty in this case; andunconstitutionality of Florida’s death penalty statute.  On 09/23/04, theFlorida Supreme Court affirmed the convictions and sentences. 

On 03/10/06, Hernandez-Alberto filed a 3.851 Motion with theCircuit Court and amended the motion on 03/16/06.  The motion was amendedagain on 03/18/09.  On 12/29/10, the motion was dismissed with prejudice by the       CircuitCourt.

Institutional Adjustment:

DATE    DAYS            VIOLATION                         LOCATION             

07/23/03     26        REF. SUB. ABUSETEST         FLORIDA STATE PRISON

08/18/04     12        REF. SUB. ABUSETEST         FLORIDA STATE PRISON

03/04/05      0          DISOBEYINGORDER                 UNION C.I.

05/04/06     40        REF. SUB. ABUSETEST               UNION C.I.  

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Report Date:    12/16/04          JFL

Updated:         01/19/11          CAR