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.
POOLER, Leroy (B/M)
DC# 124283
DOB: 01/27/48
Fifteenth Judicial Circuit, Palm Beach County Case#95-117CFA02
Sentencing Judge: The Honorable Virginia Gay Broome
Trial Attorney: Michael Salnick – Private
Attorney, Direct Appeal: Michael D. Lededecker –Private
Attorney, Collateral Appeals: John Paul Abatecola& Linda McDermott – Registry
Date of Offense: 01/30/95
Date of Sentence: 02/23/96, 03/29/96
Circumstances of the Offense:
On 01/30/95, Leroy Pooler showed up to the house of hisex-girlfriend, Kim Brown. He knocked on the front door of the apartment. Ms.Brown and her brother, Alvonza Colson, were home at the time. Upon seeing thatit was Pooler, Ms. Brown told Pooler that she did not want to see him anymore.There was evidence that supported the hypothesis that Ms. Brown was datinganother man. Mr. Colson proceeded to open the door and inquire as to whatPooler wanted. When Mr. Colson saw that Pooler had a gun, he attempted to runthrough the front door and escape; Pooler shot him in the back and dragged himback into the apartment by his leg. At this time, Ms. Brown began to plead withPooler not to kill her or her brother. She requested that Mr. Colson getto a hospital, and Pooler agreed to allow him to call an ambulance. He thenchanged his mind and told Mr. Colson to call an ambulance once he and Ms. Brownleft. Ms. Brown followed Pooler to the front door of the apartment, but shutand locked the door after Pooler exited.
Mr. Colson told Brown to run out of the back of theapartment, and he would stay and call an ambulance. It was at this time thatMr. Colson realized that the phone wires had been cut. He started towards theback door as Pooler was breaking through the front door. Pooler found Mr.Colson hiding in an area near the back door, but was distracted by Ms. Brown’scries for help from behind the apartment. Pooler left Mr. Colson and left theapartment. When he caught up with Ms. Brown, he struck her in the head with thegun. This blow caused the gun to fire. Pooler pulled Ms. Brown toward his caras she begged him not to kill her. Ms. Brown began to fight against Pooler. AsPooler began to pull her back towards the apartment, he shot her several times.At one point he paused to say, “You want some more?” Several witnesses saw theshooting. Ms. Brown was shot five times, one of which was in the head. Poolerdrove away in his car.
Two days prior to the incident, Ms. Brown told one of herfriends that Pooler had told her that he was going to kill her because, if hecould not have her, no one else would.
Trial Summary:
02/08/95 Indicted as follows:
Count I: First-DegreeMurder with a Firearm
Count II: Burglaryof a Dwelling While Armed with a Firearm
Count III: AttemptedFirst-Degree Murder with a Firearm
02/17/95 Defendantwas arraigned. He stood mute, so the court entered a plea of Not Guilty
01/17/96 Jury returned guilty verdicts on allcounts of the indictment
02/08/96 Juryrecommended death by a vote of 9-3
02/23/96 Sentenced as follows for Counts II andIII:
Count II: Burglary of aDwelling While Armed with a Firearm – Life
Count III: AttemptedFirst-Degree Murder with a Firearm – Life
03/29/96 Sentenced as follows for Count I:
Count I: First-DegreeMurder with a Firearm – Death
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC# 87,771
704 So. 2d 1375
04/19/96 Appeal filed
11/06/97 FSC affirmed the conviction and sentence
01/23/98 Rehearing denied
02/23/98 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 97-9379
525 U.S. 848
06/04/98 Petition filed
10/05/98 Petition denied
State Circuit Court – 3.850 Motion
CC# 95-117CFA02
09/17/99 Motion filed
11/01/99 A written order denying the motion was issued
11/09/99 Pooler filed a motion to vacate the order denying the 3.850 Motion
01/13/00 Motion was granted and order was vacated. Pooler was given 60 days to file anAmended 3.850 Motion
03/13/00 Amended Motion filed
11/08/02 Second Amended Motion filed
11/04/05 Order denying amended 3.850 Motion
Florida Supreme Court – 3.850 Appeal
FSC# 05-2191
980 So.2d 460
12/01/05 Appeal filed
01/31/08 Appeal denied
02/14/08 Motion for Rehearing filed
04/17/08 Rehearing denied
05/05/08 Mandate issued
United State District Court, South District – HabeasPetition
USDC# 08-80529
(Pending)
05/19/08 Petition filed
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 08-5371
129 S.Ct. 255
07/16/08 Petition filed
10/06/08 Petition denied
Factors Contributing to the Delay in theImposition of the Sentence:
The 3.850 Motion was pending in the Circuit Court for overtwo years.
Case Information:
Pooler filed a Direct Appeal to the Florida Supreme Court on04/19/96. The main issues in Pooler’s appeal were surrounding the aggravatingand mitigating factors of the case. The court found either no error, evidence tosupport the trial court’s disposition, no abuse of discretion, or the issues tobe meritless. Pooler’s conviction and sentence were affirmed on 11/06/97. Therehearing was denied on 01/23/98, and the mandate was issued on 02/23/98.
Pooler filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 06/04/98. The petition was denied on 10/05/98.
Pooler then filed a 3.850 Motion to the Circuit Court on09/17/99. A written order denying the motion was issued on 11/01/99. On11/08/99, Pooler filed a motion to vacate the order denying the 3.850 Motionand, on 01/13/00, the motion was granted and the court gave Pooler 60 days tofile an Amended 3.850 Motion. On 03/13/00, Pooler filed an Amended 3.850Motion. A Second Amended Motion was filed on 11/08/02. On 11/04/05,an order was issued denying the amended 3.850 Motion.
On 12/01/05, Pooler filed a 3.850 Appeal to the FloridaSupreme Court, which was denied on 01/31/08. Pooler filed a Motion forRehearing on 02/14/08, which was denied on 04/17/08. The mandateconcerning the opinion rendered on 01/31/08 was entered on 05/05/08.
On 05/19/08, Pooler filed a Habeas Petition in the UnitedStates District Court, Southern District. This case is currently pending.
On 07/16/08, Pooler filed a Petition for Writ of Certiorariin the United States Supreme Court. This petition was denied on 10/06/08.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ----------------- -------------------
09/22/97 30 FIGHTING FLORIDASTATE PRISON
11/09/98 0 FIGHTING UNIONC. I.
03/05/01 30 FIGHTING UNIONC. I.
03/25/02 60 UNARMED ASSAULT UNIONC. I.
03/25/02 60 UNARMED ASSAULT UNIONC. I.
04/01/02 30 DISORDERLY CONDUCT UNIONC. I.
10/22/02 0 FIGHTING UNIONC. I.
01/23/03 180 UNARMED ASSAULT UNIONC. I.
Report Date: 05/02/02 NMP
Approved: 05/10/02 WS
Updated: 01/14/09 AEH