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A few pages from the appeal found from the link above- explaining the nature of Globes crime (1) Nature of the case. This is a direct appeal from a circuit court imposition of the death sentence after Mr. Globe was convicted of the first degree murder of Elton Ard. This Court has jurisdiction. Rule 9.030(a)(1)(A)(i), Fl. R. App. P. (3) STATEMENT OF THE FACTS At about 9:00 a.m. on July 3, 2000, Charles Globe and Andrew Busby were discovered in cell 212 of Quad Four of F-dorm in Columbia Correctional Institution with Elton Ard, who appeared to be dead (R26. 574-76). Although the cell was supposed to be unlocked at that time of day, the cell door was locked (R26. 574-75). Only Busby and Ard were supposed to be in the cell (R26. 575). Mr. Globe and Busby were sitting in the cell smoking cigarettes (R26. 575).Ard had a cigarette in his mouth (R26. 576). Mr. Globe and Busby were removed from the cell (R26. 576). Mr. Ard had no vital signs (R26. 587).The medical examiner determined that Mr. Ard had nine areas of injury on his body, including abrasions and lacerations on his forehead, a swollen and discolored right eye, abrasions on his chin and jaw, and a long prominent abrasion on the front and sides of his neck (R26. 552-53). The bruises and abrasions occurred before Mr. Ard’s death (R26. 567). A cord or piece of rope was tied around his left wrist (R26. 554). The cause of Mr. Ard’s death was strangulation (R26. 555). The medical examiner characterized the long abrasion on Mr. Ard’s neck as a “ligature impression” (R26. 557). There was one linear injury on Mr.Ard’s neck which “is explained by one ligature being placed” (R26. 564-65). Smaller abrasions in that area could have been caused by the perpetrator’s fingernails or by Mr. Ard trying to remove the ligature (R26. 559). Mr. Ard’s injuries were consistent with a scuffle or fight, and that fight occurred before Mr. Ard was strangled (R26. 569-70). In the defense case, Perkins testified by deposition that he was in prison with Mr. Globe, who was homosexual and “mostly a quiet guy” (R29. 855). Mr. Globe was the dominant person in the relationship with Busby and Mr. Globe was “real possessive” of Busby (R29. 856). Mr. Globe would get upset if other inmates talked to Busby (R29. 856-57). 40 ADMISSION OF MR. GLOBE’S STATEMENTS WAS NOT HARMLESS. Although they were unconstitutionally obtained, Mr. Globe’s July 3 and July 7 statements were introduced at trial. The statements contained details of the murder which were essential to the State’s case for premeditated first-degree murder and for a death sentence. Under these circumstances, the State cannot show beyond a reasonable doubt that introduction of the unconstitutionally obtained statements was harmless error. In order to establish harmless error, the State must be able to show beyond a reasonable doubt that the statements “did not contribute to [Mr. Globe’s] conviction.” Arizona v. Fulminante, 499 U.S. 279, 296 (1991). “The harmless error test . . . places the burden on the state, as the beneficiary of the error, to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict or, alternatively stated, that there is no reasonable possibility that the error contributed to the conviction.” State v. DiGuilio, 491 So. 2d 1129, 1135 (Fla. 1986). In Mr. Globe’s case, the statements more than “contributed” to his conviction of premeditated first-degree murder and to his death sentence. Mr. Globe’s statements contained details of the murder which the State’s 10The court reporter’s transcription of the tape as it was played for the jury does not indicate which defendant is talking (See R26. 629-55). While the tape was played, the jurors were provided a transcript designating which defendant was speaking, but the jurors were not permitted to have the transcript during deliberations (R26. 626, 628-29). 11In the transcript, one of the defendants says he “told K.D.” about Ard going to breakfast (R26. 636). “K.D.” is Mr. Globe.41 other evidence could not provide. In the July 3 statement, Mr. Globe and codefendant Busby10 explained that the murder occurred because other inmates and corrections officers were calling Busby a punk (R26. 631). Since the inmates and corrections officers would not stop doing this, “One of them were going to die” (Id.). The victim, Elton Ard, was one of the inmates who was doing this (R26. 631-34). Ard was Busby’s cellmate (R26. 632). Mr. Globe and Busby had been “talking about [killing Ard] for days” and “last night we got everything--we got everything planned out” (R26. 635). The night before the murder, Busby signaled to Mr. Globe that he and Ard were going to breakfast in the morning (R26. 636).11 Mr. Globe and Busby followed Ard back to the cell after breakfast (R26. 636). They closed the cell door and started choking Ard (R26. 637). Ard “struggled for a good 10, 15 minutes before he died” (R26. 637). He pleaded with them to stop and offered them forty-five dollars (R26. 638). Both Mr. Globe and Busby choked Ard: 42 All his air got cut off. While we were doing it, I think we crushed his neck. I heard something crack. I heard it. He was laying down. I was sitting up. My foot on the locker so he wouldn’t fling us forward. His arm his [sic] around neck. I got my arm around his neck so he couldn’t get loose. I was holding one of his legs with my leg. I was holding this arm with my arm. Also part of his leg -- (laughing)(R26. 638). One defendant hit Ard in his nose, which began bleeding (R26. 639). Ard “wasn’t all the way dead,” so the defendants tied a ligature tightly around his neck (R26. 639). After Ard was dead, they removed the ligature and put a cigarette in Ard’s mouth (R26. 640). Mr. Globe (“K.D.”) wrote on the cell door, “Remember Andy and K.D.,” and the two used Ard’s blood to put their fingerprints on the door (R26. 641). Busby wanted to do more to Ard, like poke his eyes out and put holes in his ears (R26. 641). One of the defendants wrote “Call FDLE” on a sign for the officers to see when they walked by (R26. 641). They committed the murder “to send a message” that what was happening to Busby in prison was “going to happen to another young white boy” (R26. 643). Mr. Globe and Busby had told prison officials what was happening to Busby, but “[n]othing was ever done about it. Before we went to this measure, we tried our damnedest [sic] to get people off of us. Leave us alone. Because me and K.D. don’t talk to nobody. I hate people. I don’t talk to nobody” (R26. 644). Mr. Globe and Busby had also identified other inmates and prison staff as targets (R26.43644-47, 648). In the July 7 statement, Mr. Globe described making two ligatures used to kill Ard (R26. 660-62). He made the ligature about two weeks before the murder and originally intended to use it on his next door neighbor, Eddie, who had started some of Busby’s problems (R26. 661). When Mr. Globe and Busby were strangling Ard, the first ligature broke (R26. 662). Both Mr. Globe and Busby choked Ard at the same time (R26. 662). Before tying the second ligature around Ard’s neck, they thought he was still alive, “So put the rope around his neck and pulled it tight. Tied a second knot and watched to see if he would struggle or move or anything” (R26. 663). After Ard jerked his head and made gasping noises “[a]bout six times,” a “milky looking substance with just a little bit of eggs came out. Combined with the blood on the bed” (R26. 664). The murder happened at about 6:45 or 7:00 a.m., and the corrections officer found them about 8:40 a.m. (R26. 664). During that period, Mr. Globe and Busby “[s]tayed around and smoked cigarettes and chilled” (R26. 664). Mr. Globe and Busby picked the morning to commit the murder because it was easier for Mr. Globe to get into Busby’s quad at that time of day (R26. 664-65). The State also presented some letters which Mr. Globe had written to the FDLE agents. In State Exhibit 81, Mr. Globe wrote that he and Busby were going44 to see Ard after breakfast to “talk to him a little and touch him a few times. Then maybe he will understand to keep his mouth to himself” (R27. 749). In the cell, Mr. Globe started hitting Ard, flipped him to the floor and grabbed him around the throat with his left arm (R27. 751). Busby “seen that I was going to kill the dude and said K.D., K.D., no, no, Man” (R27. 751). Busby got involved in the fight, and all three of them fell on the bottom bunk (R27. 751). Mr. Globe felt two of his ribs give way and “knew by the way we were positioned that I didn’t finish this soon that I probably would pass out for I was getting no air for a few seconds”
(R27. 751).
In State Exhibit 80, Mr. Globe wrote, “Whispers I got 45. I will give all of it” (R27. 752). Mr. Globe then said, “I don’t want your money punk I want your fucking life” (R27. 752). Mr. Globe and Busby got up, and Mr. Globe tied the second ligature around Ard’s throat (R27. 752). Busby “was in a state of light shock,” and Mr. Globe said, “Look, you said you wanted to go to death row. http://www.flcourts.org/pubinfo/summaries/briefs/02/02-39/index.html JOHN BLACKWELDER, Appellant, vs. STATE OF FLORIDA, Appellee. [July 3, 2003] PER CURIAM. Appellant, John Blackwelder, appeals a circuit court judgment sentencing him to death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. I. FACTS Appellant pleaded guilty to the first-degree, premeditated murder of Raymond D. Wigley. At the time of the murder, Appellant and Wigley were inmates at the Columbia Correctional Institution. In May 2000, they engaged in a consensual sexual encounter. Although Blackwelder did not want a sexual relationship with Wigley, he knew that Wigley would badger him for sex, so Blackwelder decided to murder him. In preparation, Blackwelder positioned three pieces of cord in accessible locations around the bunk beds in his cell. Then he waited for an opportune moment.That time came on May 6, 2000. On that day, Wigley went to Blackwelder's cell asking for sex. Blackwelder feigned agreement so that Wigley would consentn to being tied to the bed. Wigley disrobed and permitted Blackwelder to tie his hands and feet to the bed and tie a hand towel over his mouth. Blackwelder then knelt on Wigley's mid-back, reached for one of the hidden cords, and strangled him. Wigley pleaded with Blackwelder "not to do this" and stated, "I'll do anything." It took ten minutes for Wigley to die. After killing Wigley, Blackwelderturned himself in to prison authorities. http://www.flcourts.org/pubinfo/summaries/briefs/01/01-2058/01-2058_ini.pdf (T12:534-548) Two letters to the State Attorney included the riddle about the watch and one suggesting that other murders in prison were in some way connected and urging the State Attorney to get him to trial. Another inmate introduced Blackwelder to Wigley. (T13:725) Blackwelder needed funds to buy soda and toiletries, and Wigley offered him a deal. (T13:725) Wigley would supply Blackwelder with those items, and in return, Blackwelder would act as his “woman.” (T13:725-726) The understanding was that there would be no sex involved. http://www.flcourts.org/pubinfo/summaries/briefs/01/01-2058/index.html |