The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

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Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
FergusonJohn Errol 015110PrivateCase Summary

Last Action

DateCourtCase NumberLast Action
6/17/2005USCA05-13595Habeas Appeal
8/26/2009USCA05-13595Habeas denial affirmed
3/31/2010USSC09-1186Cert Writ
6/1/2010USSC09-1186Petition denied

Current Attorney


Cases


Last Updated

2008-01-09 11:43:13.0


Case Summary
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The Commission on Capital Cases updates this information regularly

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. 

 

FERGUSON, John Errol (B/M)

DC      015110

DOB:   02/27/48

 

Eleventh Judicial Circuit, Dade County Case #s: 77-28650-D& 78-05428

Sentencing Judge: The Honorable Richard S. Fuller

Attorney, Trial: Frederick Robbins & Michael Hacker –Special Assistant Public Defenders

Attorney, Direct Appeal: Michael S. Hacker – SpecialAssistant Public Defender

Attorney, Collateral Appeals:  E. Barrett Prettyman, Jr.– Private

 

Case # 77-28650-D

 

Date of Offense:         07/27/77         

Date of Sentence:        05/25/78

Date of Resentence:      05/27/83

 

Circumstances of Offense:

 

On 07/27/77, John Ferguson, posing as a Florida Power andLight employee, was let into a home by Margaret Wooden to check the electricaloutlets. After looking in several rooms, Ferguson drew a gun, then bound andblindfolded Wooden. Ferguson let two men, Marvin Francois and Beauford White,into the home to continue searching for drugs and money.

 

Two hours later, the owner of the home, Livingston Stocker,and five friends returned home and were bound, blindfolded, and searched byFerguson, Francois, and White. The seven bound and blindfolded people were thenmoved from the living room to a bedroom. 

 

Later, Wooden’s boyfriend, Michael Miller, entered the houseand was bound, blindfolded, and searched. Miller and Wooden were moved toanother bedroom together and the other six men were moved to the livingroom. 

 

At some point in the evening, Marvin Francois’ mask fell offand his face was revealed to the others. Wooden heard shots coming from theliving room, where Francois was shooting the men. Ferguson placed a pillow overWooden’s head and then shot her. Not fatally wounded, Wooden saw Miller beingshot and heard Ferguson run from the room. 

 

When the police arrived, they found six dead bodies, all ofwhich had their hands tied behind their back and had been shot in the back ofthe head.  Johnnie Hall survived a shotgun blast to the head and testifiedregarding the execution of the other men in the living room. 

 

 Codefendant Information:

 

Ferguson, White, and Francois were indicted together ascoconspirators, but each was tried separately. 

 

White was convicted on all counts of the indictment. The jury recommended life imprisonment, but the judge sentenced him to death.White was executed on 08/28/87. 

 

Francois was convicted on all counts of theindictment.  The jury recommended death sentences, and he was sentenced todeath.  Francois was executed on 05/29/85.

 

Adolphus Archie, who drove the car used to drop off and pickup the shooters, pled guilty to Second-Degree Murder and was sentenced totwenty years imprisonment. 

 

Trial Summary:

 

09/15/77          Indicted as follows:

Counts I – VI              First-DegreeMurder

Count VII                   AttemptedFirst-Degree Murder

Count VIII                  AttemptedFirst-Degree Murder

Counts IX – XI           ArmedRobbery

05/24/78          Jury returned acquitted verdict on CountXII

05/25/78          Jury returned guilty verdicts on Counts I– XI of the indictment

Jury recommendeddeath sentences by a majority vote

Sentenced asfollows:

Counts I – VI              First-DegreeMurder – Death

Count VII                   AttemptedFirst-Degree Murder – 30 years

Count VIII                  AttemptedFirst-Degree Murder – 30 years

Counts IX – XI           ArmedRobbery – Life imprisonment

 

 Case # 78-05428

 

Date of Offense:          01/08/78

Date of Sentence:        10/07/78

Date of Resentence:      05/27/83

 

Circumstances of Offense:

 

Brian Glenfeld and Belinda Worley, both seventeen years old,were last seen around 9:00 p.m. on Sunday, 01/08/78.  The two weresupposed to meet friends at an ice cream parlor, but their bodies werediscovered the next morning in a wooded area. 

 

Glenfeld’s body was behind the wheel of a car, with gunshotwounds to his chest, arm, and head.  Worley’s body was found in a nearbydense growth, where she had been raped and then shot in the head.  Severalpieces of Worley’s jewelry were missing and cash was missing from Glenfeld’swallet. 

 

On 04/05/78, John Ferguson was arrested at his apartmentpursuant to a warrant for unlawful flight to avoid prosecution.  At thetime of the arrest, Ferguson was under indictment for the six murders thatoccurred on 07/27/77 (case # 77-28650-D).  After a consent search of theapartment, in which a gun was recovered that was similar to the gun used tokill Glenfeld and Worley, Ferguson admitted to shooting the couple.  

 

Trial Summary:

 

04/13/78          Indicted as follows:

Count I            First-DegreeMurder

Count II          First-DegreeMurder

Count III         ArmedSexual Battery

Count IV         ArmedRobbery

Count V          ArmedRobbery

Count VI         UnlawfulPossession of a Firearm While Engaged in a Criminal Offense

Count VII       Possessionof a Firearm by a Felon

Count VIII      Possessionof a Firearm by a Felon

10/07/78          Jury returned guilty verdicts on allcounts of the indictment *

Jury recommendeddeath sentences by a majority vote

Sentenced asfollows:

Count I            First-DegreeMurder – Death

Count II          First-DegreeMurder – Death

Count III         Armed SexualBattery – Life Imprisonment

Count IV         Armed Robbery –Life Imprisonment

Count V          Armed Robbery –15 year

Count VI         UnlawfulPossession of a Firearm While Engaged in a Criminal Offense – 15 years

Count VII       Possession of aFirearm by a Felon – 15 years

Count VIII      Possession of aFirearm by a Felon – 15 years

 

* NOTE: Count V was reduced to Attempted Armed Robbery bythe jury

 

Prior Incarceration History in the State of Florida:

 

At the time of each of the murders, Ferguson was on probation,having already served an eighteen month prison sentence for a 1976 convictionfor Resisting a Police Officer with Violence.  Ferguson’s prior criminalhistory also included a 1971 Robbery conviction and a 1965 Assault with Intentto Rape conviction, for which Ferguson was sentenced to ten yearsimprisonment. 

 

Appeal Summary: 

 

NOTE: Following the Direct Appeal, Ferguson’s two caseswere consolidated for post-conviction appeal.

 

Florida Supreme Court – Direct Appeal (Case#77-28650-D)

FSC# 55,137

417 So.2d 639

 

09/25/78         Appeal filed

07/15/82         FSC affirmed convictions, but remanded for resentencing

08/27/82         Mandate issued

 

Florida Supreme Court – Direct Appeal (Case# 78-05428)

FSC# 55,498

417 So.2d 631

 

11/13/78         Appeal filed

07/15/82         FSC affirmed convictions, but remanded for resentencing

08/27/82         Mandate issued

 

Florida Supreme Court – Direct Appeal (Consolidated)

FSC# 64,362 & 65,961

474 So.2d 208

 

10/10/83         Appeal filed

06/27/85         FSC affirmed death sentences

09/09/85         Rehearing denied

10/15/85         Mandate issued

 

Circuit Court – 3.850 Motion

CC# 77-28650-D & 78-05428

 

10/15/87         Motion filed

06/19/90         Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 76,458

593 So.2d 508

 

08/10/90         Appeal filed

02/06/92         FSC affirmed denial of 3.850 Motion

02/26/92         Mandate issued

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 80,549

632 So.2d 53

 

10/01/92         Petition filed

12/09/93         FSC denied Petition

02/24/94         Rehearing denied

 

U.S. District Court, Southern District – Petition forWrit of Habeas Corpus

USDC# 95-573

 

03/20/95         Petition filed

05/15/00         USDC administratively closed case pending resolution of state proceedings

08/07/01         Case reopened

11/02/01         Supplemental brief filed

09/26/03         Petition amended

05/19/05         USDC denied petition

 

Circuit Court – 3.850 Motion

CC# 77-28650-D & 78-05428

 

07/10/99         Motion filed

08/18/99         Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 96,658

789 So.2d 306

 

01/27/00         Appeal filed

05/10/01         FSC affirmed denial of 3.850 Motion

06/11/01         Mandate issued

 

U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal

USCA# 05-13595

 

06/17/05         Appeal filed

08/26/09         USCA affirmed denial of Habeas

 

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

USSC# 09-1186

 

03/31/10          Petition filed

06/01/10          Petition denied

 

 Clemency Hearing:

 

03/10/87         Clemency hearing held (denied)

 

Factors Contributing to the Delay in Imposition ofSentence:

 

The delay in this case appears to arise from theresentencing of Ferguson and from the pending Federal Habeas Petition that wasfiled on 03/20/95.

 

Case Information:

 

Ferguson filed a Direct Appeal (FSC# 55,137; CC# 77-28650-D)with the Florida Supreme Court on 09/25/78, citing the following errors:unconstitutionality of the death penalty, failure to provide written statementsof support for the death penalty in the case, improper prosecutorial commentsduring closing arguments, and admission of prejudicial statements about Ferguson’sprior incarceration.  On 07/15/82, the FSC affirmed the convictions, butvacated the death sentences and remanded to the trial court for a newsentencing hearing, finding that the trial court improperly weighed theaggravating and mitigating circumstances in the case. 

 

Ferguson filed a Direct Appeal (FSC# 55,498; CC# 78-05428)with the Florida Supreme Court on 11/13/78, citing the following errors:unconstitutionality of the death penalty, failure to suppress evidence, admissionof evidence of the other murders, and improper prosecutorial comments duringclosing arguments.  On 07/15/82, the FSC affirmed the convictions, butvacated the death sentences and remanded to the trial court for a newsentencing hearing, finding that the trial court improperly weighed themitigating circumstances in the case. 

 

Ferguson was resentenced to death on 05/27/83.

 

Ferguson filed a Direct Appeal with the Florida SupremeCourt on 10/10/83, citing the following errors: failure to allow an evidentiaryhearing during resentencing; improper finding of the cold, calculated, andpremeditated murder aggravating circumstance; and consideration of evidence notin the trial record.  On 06/27/85, the FSC affirmed the death sentence.

 

Ferguson filed a 3.850 Motion with the Circuit Court on10/15/87, which was denied on 06/19/90.

 

Ferguson filed a 3.850 Motion Appeal with the FloridaSupreme Court on 08/10/90, citing ineffective assistance of counsel andimproper jury instructions regarding non-statutory mitigating evidence. On 02/06/92, the FSC affirmed the denial of the 3.850 Motion.

 

Ferguson filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 10/01/92, citing the following errors: a differentsentencing judge upon resentencing; vague jury instructions regarding theheinous, atrocious, or cruel murder aggravating circumstances; failure to granta defense motion to stop giving Ferguson anti-psychotic drugs; and ineffectiveassistance of appellate counsel.  The FSC denied the Petition on 12/09/93.

 

Ferguson filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Southern District on 03/20/95.  On 05/15/00, the USDCadministratively closed the case pending resolution of state proceedings. On 08/07/01, the case was reopened, and on 11/02/01, Ferguson filed asupplemental brief with the court.  On 09/26/03, Ferguson amended thePetition.  The petition was denied on 05/19/05. 

 

Ferguson filed a 3.850 Motion with the Circuit Court on07/10/99, which was denied on 08/18/99. 

 

Ferguson filed a 3.850 Motion Appeal with the FloridaSupreme Court on 01/27/00, citing eleven issues, most of which focused onclaims of ineffective assistance of counsel and withholding of evidence by theState.  On 05/10/01, the FSC affirmed the denial of the 3.850 Motion.

 

Ferguson filed a Petition for Writ of Habeas Corpus Appealwith the U.S. Court of Appeals, 11th Circuit on 06/17/05. The District Courtsdenial of the Petition was affirmed by the U.S. Court of Appeals on 08/26/09. 

 

Ferguson filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 03/31/10. The petition was denied on 06/01/10.

 

Institutional Adjustment:

 

THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.

 

                                                                    

DATE      DAYS                 VIOLATION                  LOCATION      

 

06/18/79    30                      POSS OFCONTRABAND                FLORIDA STATE PRISON

05/07/80    15                      DISORDERLY CONDUCT                 FLORIDA STATE PRISON

07/09/80     0                       FIGHTING                                           FLORIDA STATE PRISON

09/30/80     0                        DISRESPECT TO OFFICIALS          FLORIDA STATE PRISON

12/05/80     0                       DISOBEYING ORDER                        FLORIDA STATE PRISON

12/22/80    30                      FAILURE TOCOMPLY                     FLORIDA STATE PRISON

02/16/81     0                       DISORDERLY CONDUCT                 FLORIDA STATE PRISON

12/12/84     0                       FIGHTING                                           FLORIDA STATE PRISON

10/08/86     0                       DISOBEYINGORDER                        FLORIDA STATE PRISON

07/19/89    15                      DISOBEYINGORDER                        FLORIDA STATE PRISON

05/02/90    15                      POSS OFCONTRABAND            FLORIDA STATE PRISON

01/13/98   180                     REF. SUB. ABUSETEST                   UNION C. I.         

10/01/01   180                     POSS OF ESCAPEPARA.                 UNION C. I.        

 

________________________________________________________________________ 

Report Date:   05/20/03          JFL

Approved:       06/10/03          WS

Updated:         06/10/10          EMJ