Bill Text: FL S0058 | 2011 | Regular Session | Introduced

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Bill Title: Relief/Herman Lindsey/State of Florida

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-12-15 - Withdrawn prior to introduction -SJ 17 [S0058 Detail]

Download: Florida-2011-S0058-Introduced.html

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       Florida Senate - 2011                              (NP)    SB 58
       
       
       
       By Senator Smith
       
       
       
       
       29-00064-11                                             201158__
    1                        A bill to be entitled                      
    2         An act for the relief of Herman Lindsey; providing an
    3         appropriation to compensate Mr. Lindsey for a
    4         miscarriage of justice which resulted in his 3-year
    5         imprisonment for a crime in which the state failed to
    6         prove its case and present sufficient evidence to
    7         support Mr. Lindsey’s conviction of felony murder;
    8         prohibiting any amount of the award from being used as
    9         payment for attorney’s fees, lobbying fees, costs, or
   10         other similar expenses; providing an effective date.
   11  
   12         WHEREAS, on April 19, 1994, the owner of the Big Dollar
   13  pawn shop, Gerald Singer, went to Big Dollar to set up the store
   14  for the day. He spoke by phone to Joanne Mazollo who worked as a
   15  clerk at the shop around 9:30 a.m., and she let him know that
   16  she had arrived and everything was okay, and
   17         WHEREAS, around 10:30 a.m., Mr. Singer called the shop
   18  several times, but Ms. Mazollo did not answer. Concerned, Mr.
   19  Singer got in his car and drove to Big Dollar where he
   20  discovered her dead body slumped in a chair in the back room.
   21  Mr. Singer testified at trial that between five and seven
   22  firearms were missing from the store and that the cash drawer he
   23  had filled that morning was empty. Additionally, he stated there
   24  were around 50 individual envelopes of jewelry and a blue velvet
   25  Crown Royal bag containing jewelry missing from the safe in the
   26  back room, and
   27         WHEREAS, in October 1995, Herman Lindsey gave a taped
   28  statement to police, which was played for the jury, in which he
   29  implicated Ronnie LoRay for the crime. Mr. LoRay is currently
   30  incarcerated for second-degree murder for the death of Ms.
   31  Mazollo and the robbery of Big Dollar pawn shop. Mr. LoRay was
   32  arrested in December 2005, and
   33         WHEREAS, Herman Lindsey was charged with first-degree
   34  murder and robbery on March 8, 2006, for the same crimes.
   35  Because the crimes occurred on April 19, 1994, Mr. Lindsey moved
   36  to dismiss the charges on the basis that the delayed charges
   37  violated due process; however, Mr. Lindsey’s motion was denied.
   38  A jury trial commenced on September 19, 2006, and at the close
   39  of the state’s case, Mr. Lindsey moved for judgment of
   40  acquittal, which was denied. The robbery charge was nol prossed,
   41  but Mr. Lindsey was found guilty of first-degree murder. The
   42  jury recommended the death penalty, and the trial court
   43  sentenced Mr. Lindsey to death on June 19, 2007, and
   44         WHEREAS, Mr. Lindsey said that on the day of the robbery,
   45  Mr. LoRay came to his house and was very upset. He said that Mr.
   46  LoRay said that “they” robbed a place and that he heard a shot
   47  but did not know if the woman was dead or not. Mr. Lindsey
   48  stated that Mr. LoRay had gold jewelry in his pockets, a few
   49  hundred dollars, and a gun. Mr. Lindsey admitted being in the
   50  store before the commission of the crime and pawning his Sega
   51  under a false name. He also admitted that he sometimes helped
   52  Mr. LoRay to dispose of stolen merchandise, but he denied being
   53  involved in the robbery, and
   54         WHEREAS, at the conclusion of the presentation of the
   55  evidence, Mr. Lindsey’s attorney moved for a judgment of
   56  acquittal, contending that the evidence was insufficient for a
   57  conviction and that the state failed to prove its case. The
   58  trial court denied the motion and Mr. Lindsey was adjudicated
   59  guilty and sentenced to death, and
   60         WHEREAS, Mr. Lindsey appealed his conviction, and the
   61  Florida Supreme Court concluded that the circumstantial evidence
   62  presented at trial was insufficient to support Mr. Lindsey’s
   63  conviction and it reversed and vacated the conviction and
   64  sentence and remanded with directions to the trial court that a
   65  judgment of acquittal be entered, NOW, THEREFORE,
   66  
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. The facts stated in the preamble to this act are
   70  found and declared to be true.
   71         Section 2. The sum of $ ...... is appropriated out of funds
   72  in the State Treasury to be paid to Herman Lindsey as
   73  compensation for his having been the victim of a miscarriage of
   74  justice.
   75         Section 3. The Chief Financial Officer is directed to draw
   76  a warrant in favor of Herman Lindsey in the sum of $ ...... upon
   77  funds in the State Treasury, and the Chief Financial Officer is
   78  directed to pay the same out of such funds in the State
   79  Treasury.
   80         Section 4. This award is intended to provide the sole
   81  compensation for any and all present and future claims arising
   82  out of the factual situation in connection with Herman Lindsey’s
   83  conviction and imprisonment, and no part of the award shall be
   84  paid for attorney’s fees, lobbying fees, costs, or other similar
   85  expenses.
   86         Section 5. This act shall take effect upon becoming a law.