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. 

HOJAN, GERHARD (W/M)

DC# L49959

DOB: 05/31/75

­­­Seventeenth Judicial Circuit, Broward County Case #02-004187

Sentencing Judge: The Honorable Paul Backman

Attorney, Trial: John F. Cotrone – Special Public Defender

Attorney, Direct Appeal: John George – Special PublicDefender

Attorney, Collateral Appeals:  William Hennis –CCRC-S   

Date ofOffense:        03/11/02         

Date of Sentence:      08/02/05

Circumstances of Offense:

Gerhard Hojan was convicted and sentenced to death for themurders of Christina De La Rosa and Willy Absolu.

On March 11, 2002, at approximately 4:00 a.m., Gerhard Hojanand Jimmy Mickel entered the Waffle House restaurant in Davie, Florida. BarbaraNunn, Christina De La Rosa, and Willy Absolu were working at the Waffle Housethat morning. The employees were acquainted with Mickel and Hojan becauseMickel was a former employee of the Waffle House and the two had eaten at therestaurant several times before. Nunn also knew Hojan and Mickel because shehad previously visited a night club where the two worked.

After eating breakfast, Mickel left the restaurant andreturned with a bolt-cutter. Mickel used the bolt-cutter to cut the padlocks onthe restaurant’s cash safes, while Hojan produced a handgun and ordered theemployees to the kitchen. He then ordered them into the freezer and shut theminside. Hojan returned to the freezer a total of three times. First, he toldthe employees to give him their cell phones. The second time he ordered them togive him their money.  He returned one last time and ordered the victimsto turn around and kneel on the floor. He shot Absolu and De La Rosa twiceeach, and he shot Nunn once in the back of the head. Hojan left all threevictims for dead.

Nunn regained consciousness, went to a nearby gas station,and called 911. Law enforcement and medical personnel arrived at the gasstation. Prior to being taken to the hospital, Nunn gave the law enforcementofficers a taped statement in which she identified Mickel and Hojan as the shooters.Hojan was arrested later that morning. He confessed to the murders during aninterview with detectives from the Davie Police Department.

The autopsy revealed that De La Rosa sustained two gunshotwounds, one which severed her spinal cord, and one which severed her carotidartery. Either wound would have been fatal. Absolu also sustained two gunshotwounds, one non-fatal shot to his arm and one fatal shot to his head.

Additional Information:

Jimmy Mickel was convicted of three counts of armed kidnappingand two counts of armed robbery. He was sentenced to life imprisonment.

Trial Summary:

04/10/02         Indicted as follows:

                                   Count I:          First-Degree Murder (Absolu)

                                   Count II:         First-Degree Murder(De La Rosa)

                                   Count III:        Attempted First-DegreeMurder (Nunn)

                                   Count IV:        Attempted Felony Murder(Nunn)

                                   Count V:         Armed Kidnapping

                                   Count VI:        Armed Kidnapping

                                   Count VII:      Armed Kidnapping

                                   Count VIII:     Armed Robbery

                                   Count IX:        Armed Robbery         

10/17/03         Jury returned guilty verdicts on all counts of the indictment

11/24/03         Jury recommended death by a vote of 9-3 for Counts I and II

08/02/05         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         First-Degree Murder –Death

                                   Count III:        Attempted First-DegreeMurder – Life

                                   Count IV:        Attempted Felony Murder –Sentence withheld

                                   Count V:         Kidnapping – Life

                                   Count VI:        Kidnapping – Life

                                   Count VII:      Kidnapping – Life

                                   Count VIII:     Armed Robbery – Life

                                   Count IX:        Armed Robbery – Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 05-1687

3 So. 3d 1204

09/12/05         Appeal filed

02/27/09         Appeal denied

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 09-5780

07/10/09         Petition filed

11/30/09         Petition denied

State Circuit Court – 3.850 Motion

CC# 02-004187

(Pending)

11/23/10         Motion filed.

Factors Contributing to the Delay in Imposition ofSentence:

Hojan’s direct appeal was pending in the Florida SupremeCourt for more than three years.

Case Information:

On 09/12/05, Hojan filed a direct appeal in the FloridaSupreme Court citing the following issues: a witness statement wasinappropriately admitted as an excited utterance; the trial court improperlytreated the defendant’s waiver of his opportunity to present mitigatingevidence as a waiver of the opportunity to present post-trial motions; thedefendant’s confession should have been suppressed; Florida’s death penaltystatute is unconstitutional; and, the trial court failed to consider mitigatingevidence. This appeal was denied on 02/27/09.

A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court on 07/10/09.  This petition was denied on 11/30/09.

On 11/23/10, Hojan filed a 3.850 Motion in the CircuitCourt.  This motion is currently pending.

________________________________________________________________________

Report Date:  03/04/09          klh

Approved:      03/30/09          klh

Updated:         05/02/11         CAR