Memorandum
DATE: December 18, 2003
TO:
FROM: Jill Bratina , Governor's Communications Director
re: Death Warrant
Governor Jeb Bush today signed a death warrant in the case of Johnny
Leartice Robinson. The Governor has determined that there is no basis for
altering the court-imposed sentence in this case.
Pursuant to Section 922.052, Florida Statutes, Governor Bush has designated
the week beginning at 12:00 noon on Monday, February 2, 2004 through 12:00
noon on Monday, February 9, 2004 for the execution.
In accordance with Section 922.11, Florida Statutes, Florida State Prison
Warden Joseph Thompson has set the execution for Johnny Leartice Robinson
on Wednesday, February 4, 2004 at 6:00 p.m. A case brief follows and the
death warrant is attached:
DEATH WARRANT
WHEREAS, JOHNNY LEARTICE ROBINSON, on or between the 11th day of
August, 1985, and the 12th day of August, 1985, did murder Beverly St.
George; and
WHEREAS, JOHNNY LEARTICE ROBINSON was found guilty of murder in
the first degree and was sentenced to death on the 19th day of June, 1986; and
WHEREAS, on the 28th day of January, 1988, The Supreme Court of
Florida affirmed the conviction but vacated the death sentence and remanded
for a new sentencing hearing; and
WHEREAS, JOHNNY LEARTICE ROBINSON was sentenced to death on the
3rd day of April, 1989; and
WHEREAS, on the 15th day of January, 1991, The Supreme Court of
Florida affirmed the sentence, and on the 7th day of October, 1991,
certiorari to The United States Supreme Court was denied; and
WHEREAS, on the 12th day of February, 1998, The Supreme Court of
Florida denied all motions for post-conviction relief, and on the 31st day
of August, 2000, The Supreme Court of Florida denied habeas corpus relief;
and
WHEREAS, on the 8th day of August, 2002, the United States Court
of Appeals, Eleventh Circuit, affirmed the District Court's denial of
federal habeas corpus relief; and
WHEREAS, it has been determined that Executive Clemency, as
authorized by Article IV, Section 8(a), Florida Constitution, is not
appropriate; and
WHEREAS, attached hereto is a certified copy of the record
pursuant to Section 922.052, Florida Statutes;
NOW, THEREFORE, I, JEB BUSH, as Governor of the State of Florida
and pursuant to the authority and responsibility vested in me by the
Constitution and Laws of Florida, do hereby issue this warrant directing
the Warden of the Florida State Prison to cause the sentence of death to be
executed upon JOHNNY LEARTICE ROBINSON, in accord with the provisions of
the laws of the State of Florida.
IN TESTIMONY
WHEREOF, I have hereunto set my hand and caused the Great Seal of the State
of Florida to be affixed at Tallahassee, the Capitol, this December ______,
2003.
______________________________
GOVERNOR
ATTEST:
_______________________________
SECRETARY OF STATE
Johnny L. Robinson
On August 11, 1985, Johnny Robinson and his codefendant left Putnam County
en route to St. Augustine. While driving south on Interstate 95, they
noticed a car stopped along the opposite side of the highway. Robinson
turned his car around, crossed to the other side of the interstate and
pulled his car in behind the victim's disabled vehicle. Robinson then
approached the victim's car with a .22 caliber pistol in his waistband. He
forced the victim, Beverly St. George, out of her car at gunpoint and
placed her into the backseat of his car. Robinson also got in the
backseat. He handcuffed the victim and the codefendant drove away.
The codefendant drove Robinson's car to Pellicer Cemetery in St. Johns
County. When they arrived at the cemetery, Robinson ordered the victim to
remove her clothes. Once she did, he raped her. Afterward, the
codefendant sexually battered her. Then Robinson raped her again before
ordering her to get dressed. After committing the sexual battery, Robinson
and his codefendant discussed what should happen next. According to his
codefendant, Robinson stated that he needed to kill the victim so she could
not identify them. The victim begged Robinson not to harm her. Robinson
then shoved the gun to her cheek and shot her once in the face. After she
fell to the ground, Robinson stood over her and shot her again, this time
in the forehead. Thereafter, Robinson and his codefendant stole the
victim's purse, left the cemetery and burned the victim's belongings. The
victim's body was found the following day.
Robinson and his codefendant were arrested six days after the homicide on
an unrelated burglary. While in custody, he confessed to killing the
victim. However, he stated her murder was an accident. He claimed that
while the two became involved in a scuffle, the gun went off. When he
noticed the victim had been shot, he got scared and shot her again.
The medical examiner testified that the victim died of severe brain injury
inflicted by the gunshot wounds. He also opined that the bullet to the
cheek was the first shot fired and the one to the forehead was the
second. However, he testified that either gunshot would have been
fatal. According to the medical examiner, the gunshot to the cheek was a
"tight contact wound," resulting from the gun being pressed into the
cheek. The shot to the forehead occurred from a distance of about one to
two feet away.
The jury convicted Robinson of first-degree murder, kidnapping, armed
robbery, and sexual battery. At the conclusion of the penalty phase, the
jury recommended death by a vote of 9 to 3. On June 6, 1986, the judge
followed the jury's recommendation and sentenced Robinson accordingly.
On January 28, 1988, the Florida Supreme Court vacated Robinson's sentence
and remanded the case for re-sentencing. The second penalty phase
occurred on February
15, 1989. At the conclusion of the penalty phase, the jury recommended
death by a vote
of 8 to 4. Thereafter, on April 4, 1989, the judge followed the jury's
recommendation and sentenced Robinson to death.
PROCEDURAL HISTORY
On January 28, 1986, the Florida Supreme Court affirmed Robinson's
conviction but vacated his death sentence and remanded the case for
re-sentencing. Applicant was re-sentenced on April 4, 1989. On January
15, 1991, the Florida Supreme Court affirmed the sentence and on October 7,
1991, the United States Supreme Court denied the petition for writ of
certiorari. In 1993, Robinson sought post-conviction relief in the circuit
court. The motion was denied in 1995. Thereafter, Robinson filed an appeal
in the Florida Supreme Court. On February 12, 1998, the Florida Supreme
Court affirmed the circuit court's denial of post-conviction relief. On
April 15, 1999, Robinson filed a Petition for Writ of Habeas Corpus in the
Florida Supreme Court, after which the petition was denied on August 31,
2000. Robinson then filed a federal habeas petition with the United States
District Court. The petition was denied by the district court on June 27,
2001, after which Robinson appealed. The United States Court of Appeal for
the Eleventh Circuit denied Robinson's appeal on August 8, 2002. He did
not seek relief in the United States Supreme Court. No further appeals are
pending.
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