The Commission on Capital Cases updates thisinformation regularly. This information;however, is subject to change and may not reflect the latest status of aninmate’s case and should not be relied upon for statistical or legalpurposes.
AULT, Howard S. (W/M)
DC# 664697
DOB: 07/26/1996
Seventeenth Judicial Circuit, Broward County Case #96-21248CF10A
Sentencing Judge: The Honorable David A. Haimes
Resentencing Judge: The Honorable Marc H. Gold
Attorney, Trial: Kulik, Kevin J. –Court Appointed
Attorney, Direct Appeal: Greene, Richard B. – AssistantPublic Defender
Attorney, Direct Appeal Resentencing: Anderson, Jeffrey –Private
Attorney, Collateral Appeals: (TBA)
Date of Offense: 11/04/1996
Date of Sentence: 03/13/2000
Circumstances ofOffense:
On 11/04/1996, eleven-year-old Deanne Mu’minand seven-year-old Alicia Jones left school at 2:05 p.m. Witnesses saw thegirls walking home, but they never arrived at John EasterlinPark where they lived with their mother in a trailer attached to the familycar. After checking for the girls at the school, the mother went to HowardAult’s house that evening. Ault stated that he had not seen the girls. Themother then called the police, who went to Ault’s house to ask him about thegirls’ disappearances. Ault reaffirmed that he had not seen the girls andpermitted the officers to look around his apartment.
The next day, Ault and his wife went to the Oakland ParkPolice Department to give sworn statements. Ault told Detective William Rhodeshe had only met the girls once at the park a few days earlier and they hadnever been in his truck. Shortly after the interview, Ault was arrested andtaken to the Broward County jail for an unrelated attempted sexual batterycharge. In the meantime, Detective Rhodes found witnesses who had seen the twogirls with Ault in his truck and who had also seen Ault and his truck at anearby convenience store at approximately the time the girls were walking homefrom school.
Detective Rhodes went to the Broward County jail to questionAult about the discrepancy between his testimony and the eyewitness accounts.Ault then waived his Miranda rightsand confessed to the killing of the two girls. Ault led police to his apartmentand told them that the girls’ bodies were in the attic. A consent-to-searchform was then signed and police found the bodies in the attic. Ault was takento the Oakland County Police Department where he gave an account of the murderin a taped confession. Ault met the girls at the convenience store at 2:30 p.m.on 11/04/1996 and used the promise of candy to lure the girls back to hisapartment. Ault sexually assaulted Mu’min with hisfinger and penetrated her with his penis. When she resisted, he strangled heruntil she stopped screaming. He then strangled Jones to keep her from tellinganyone about the incident but did not sexually assault her. Ault redressed Mu’min and put both bodies in the attic.
Ault stated that his reason for killing the girls was tokeep them from telling anyone about the assault. The medical examiner testifiedthat both girls had died of manual strangulation. Mu’minhad vaginal tissue damage and had been dead approximately two days. Based onthe lesser state of decomposition of Jones’ body and a white, foamy substancecoming from her mouth, the medical examiner concluded that she had died 12-18hours after Mu’min. She had been comatose, but alive,when put into the attic.
Prior IncarcerationHistory in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 09/30/1986 | AGG BATTERY/W/DEADLY WEAPON | 08/17/1988 | BROWARD | 8614707 | 7Y 0M 0D |
| 05/15/1988 | BURGLARY ASSAULT ANY PERSON | 08/17/1988 | BROWARD | 8811134 | 7Y 0M 0D |
| 05/15/1988 | SEX BAT/INJURY NOT LIKELY(ATTEMPTED) | 08/17/1988 | BROWARD | 8811134 | 5Y 0M 0D |
Trial Summary:
11/20/96 Indictedas follows:
CountI: First-degree murder
CountII: First-degree murder
CountIII: Sexual battery on a childunder 12
CountIV: Sexual battery on a child under12
CountV: Kidnapping a child under 13
CountVI: Kidnapping a child under 13
CountVII: Aggravated child abuse
CountVIII: Aggravated child abuse
08/11/99 Juryreturned guilty verdicts on all counts of the indictment
09/30/99 Juryrecommended death by a vote of 9-3 (Mu’min) and 10-2(Jones)
03/13/00 Sentencedas follows:
CountI: First-degree murder (Mu’min) – Death
CountII: First-degree murder (Jones) –Death
CountIII: Sexual battery on a child under12 (Mu’min) – Life
CountIV: Sexual battery on a child under12 (Mu’min) – Life
CountV: Kidnapping a child under 13 (Mu’min) – 15 Years
CountVI: Kidnapping a child under 13(Jones) – 15 Years
CountVII: Aggravated child abuse (Mu’min) – 15 Years
CountVIII: Aggravated child abuse (Jones) –15 Years
08/21/07 Juryrecommended death by a vote of 9-3(Mu’min) and10-2(Jones)
10/24/07 Sentencedas follows:
CountI: First-degree murder (Mu’min) – Death
CountII: First-degree murder (Jones) –Death
CountIII: Sexual battery on a childunder 12 (Mu’min) – Life
CountIV: Sexual battery on a child under12 (Mu’min) – Life
CountV: Kidnapping a child under 13 (Mu’min) – 15 Years
CountVI: Kidnapping a child under 13(Jones) – 15 Years
CountVII: Aggravated child abuse (Mu’min) – 15 Years
CountVIII: Aggravated child abuse (Jones) –15 Years
Appeal Summary:
Florida SupremeCourt – Direct Appeal
FSC# 00-863
866 So.2d 674
04/20/00 Appealfiled
11/06/03 FSCaffirmed conviction and remanded case for resentencing
11/20/03 Motionfor rehearing filed
02/04/04 Rehearingdenied
03/09/04 Mandateissued
Florida SupremeCourt – Direct Appeal (Resentencing)
FSC# 07-2130
11/13/07 Appealfiled
09/30/10 Appealdenied
10/13/10 Motionfor rehearing
01/25/11 Motiondenied
02/10/11 Mandateissued
Case Information:
On 04/20/00, Ault filed a Direct Appeal in the FloridaSupreme Court in which he raised the following claims: (1) denial of motion to suppress his statements to the police;(2) the trial court erred in granting the State's challenge for cause of juror;(3) denial of motion for a penalty phase mistrial based on the prosecutor'squestioning of witnesses about collateral crimes; (4) the trial court erred bynot allowing a defense expert to express his opinion as to the applicability ofa statutory mental mitigating factor; (5) permission of two penalty phasewitnesses to testify about hearsay evidence; (6) denial of request to dischargepenalty phase counsel; (7) constitutionality of aggravating circumstances; (8) Apprendi v. New Jersey; and (9) sentencedunder the 1995 sentencing guidelines for the noncapital offenses and imposed adeparture sentence without contemporaneous written reasons for thedeparture. The Florida Supreme Courtaffirmed the convictions on 11/06/03. However, uponconsideration of Ault’s second issue raised, the trial court’s error ingranting the State’s challenge for cause of juror, the case was remanded to theCircuit Court for resentencing.
On 11/13/07, Ault filed a second Direct Appeal in theSupreme Court of Florida in which he raised the following claims: (1) decisionto reject certain mitigating factors; (2) proportionality of death sentence;(3) admissibility of victim photographs; (4) weight given to jury verdict; (5)denial of presentencing investigation report; (6) exclusion from pretrialconference; (7) judicial bias; (8) denial of motion to proceed pro se; (9) Ring v. Arizona. Upon consideration of issues raised, theFlorida Supreme Court affirmed the convictions and sentences on 09/30/10. On10/13/10, Ault filed a motion for rehearing that was denied on 01/25/11. Amandate was issued on 02/10/11.
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Report Date: 10/18/10 JJK
Approved: 10/18/10 RM
Updated: 02/16/11 JJK