Luis Caballero

Case information

Luis Caballero was born on 09/23/73. He was indicted in the Seventeenth Judicial Circuit, Broward County, under Case # 95-15295-C (DC# L28231). The sentencing judge was The Honorable Susan Lebow.

Trial counsel for Caballero were Deborah Carpenter and Pedro Dijols (Special Assistant Public Defenders). Lewis Fishman (Private Attorney) handled Caballero’s direct appeal. Roseanne Eckert (CCRC-S) handled collateral appeals.

Timeline

• 07/13/95 — Date of offense.
• 07/15/95 — The body of Denise O’Neill was found dumped in a canal near the Sawgrass Expressway in Broward County.
• 09/07/95 — Caballero was indicted on the counts listed in the case.
• 02/28/00 — The jury returned guilty verdicts on Counts I–IV.
• 03/28/00 — The trial court granted a directed verdict as to Count V; the jury recommended death by a vote of 8–4.
• 02/15/01 — Caballero was sentenced: Death for Count I; Life Imprisonment for Count II; 15 years for Count III; 15 years for Count IV.
• 03/22/01 — Caballero filed a direct appeal with the Florida Supreme Court.
• 07/10/03 — The convictions and sentences were affirmed.
• 10/04/04 — Caballero filed a 3.851 Motion with the Circuit Court.
• 12/06/04 — Caballero amended the 3.851 Motion.
• 01/23/06 — Caballero amended the 3.851 Motion.

The offence

On 07/15/95, the body of Denise O’Neill was found dumped in a canal near the Sawgrass Expressway in Broward County. Her body was covered by a sheet and was bound with black shoelaces, a multicolored dog leash, and electrical cords attached to heat rocks. Her clothing had been cut in the crotch area.

Police canvassed O’Neill’s apartment complex for neighbors with reptiles and dogs as pets because the body had been bound with a dog leash and electrical cords attached to heat rocks, which are used in reptile tanks.

Investigators learned that Luis Caballero lived next door to O’Neill and owned snakes and a dog.

Caballero accompanied detectives to the police station for questioning. At the police station, Caballero confessed to O’Neill’s murder, but stated he only served as a lookout while Isac Brown committed the robbery and murder.

Caballero said that on the day of the murder, he saw O’Neill carrying a laundry basket up the stairs. As she reached the door, Brown pushed her inside Caballero’s apartment and shoved her to the floor. Brown and Caballero restrained her with towels from her laundry basket and gagged her with a sock.

O’Neill gave Brown and Caballero credit card and banking information. They used that information to withdraw $700 from her credit card account. O’Neill was assured by Brown and Caballero that she would be dropped off somewhere after dark.

Caballero said he was wary that O’Neill would be able to identify him as her neighbor. Caballero then planned to murder O’Neill but could not agree as to who would carry out the murder. Brown said he would kill O’Neill if he received a larger share of her money.

Caballero initially denied participating in the actual murder, but later admitted to helping Brown carry out the crime. Brown first tried to strangle O’Neill with an electrical cord, but the cord broke. Brown used a second cord while Caballero covered O’Neill’s mouth. After ten to twelve minutes, O’Neill died.

Caballero then cut a hole in the crotch of O’Neill’s shorts and had sex with the body and ejaculated.

Later that night, Caballero and Brown wrapped O’Neill’s body in a sheet and tied the sheet with black shoelaces and electrical cords. They loaded the body into the trunk of her car and dumped the body in a canal near the Sawgrass Expressway.

After dumping the body, Brown and Caballero again used O’Neill’s credit card to withdraw $400 from her credit card account. They split the money while eating breakfast at an International House of Pancakes (IHOP) restaurant.

Caballero never mentioned the involvement of another codefendant, Robert Messer.

Investigation

Caballero’s living next door to O’Neill and his ownership of snakes and a dog were identified during police canvassing connected to the way the body had been bound with a dog leash and electrical cords attached to heat rocks used in reptile tanks.

During the investigation, Messer was arrested. Messer was implicated in the crime when an IHOP waitress noted that a third man accompanied Brown and Caballero. Messer’s fingerprints were also found in O’Neill’s car.

Arrest and confession

At the police station, he confessed to O’Neill’s murder, asserting that he served only as a lookout while Isac Brown committed the robbery and murder. He later admitted helping Brown carry out the crime.

Trial

Indictment

Caballero was indicted as follows (09/07/95):

• Count I: First-Degree Murder
• Count II: Kidnapping
• Count III: Robbery
• Count IV: Burglary
• Count V: Sexual Battery

Verdicts and directed verdict

On 02/28/00, the jury returned guilty verdicts on Counts I–IV of the indictment. The trial court granted a directed verdict as to Count V on 03/28/00.

Recommendation

On 03/28/00, the jury recommended death by a vote of 8–4.

Sentencing

On 02/15/01, Caballero was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Kidnapping — Life Imprisonment
• Count III: Robbery — 15 years
• Count IV: Burglary — 15 years

Codefendants

Caballero’s codefendants, Isac Brown and Robert Messer, were tried separately and convicted of offenses related to the murder of Denise O’Neill.

Isac Brown

Isac Brown was convicted of one count each of Second-Degree Murder, Kidnapping, and Robbery. He was sentenced to Life Imprisonment, 30 years, and 15 years, respectively.

Robert Messer

Robert Messer was convicted of one count of Manslaughter. He was sentenced to seven years, nine months imprisonment. He was released from prison on 06/01/02.

Appeals

Direct appeal

Caballero filed a Direct Appeal with the Florida Supreme Court on 03/22/01, citing the following errors:

• allowing improper comments by the prosecutor as to Caballero’s right to remain silent;
• finding that the capital felony was committed in a cold, calculated, and premeditated manner;
• failing to consider Caballero’s age as a mitigating factor;
• admitting testimony as to the codefendant’s Second-Degree Murder conviction;
• disproportionate use of the death penalty; and
• unconstitutionality of Florida’s death penalty statute.

On 07/10/03, the convictions and sentences were affirmed.

Collateral proceedings

Caballero filed a 3.851 Motion with the Circuit Court on 10/04/04. He amended the motion on 12/06/04 and again on 01/23/06. The motion was pending.

Other details

At the scene, Denise O’Neill’s body was found covered by a sheet and was bound with black shoelaces, a multicolored dog leash, and electrical cords attached to heat rocks. The body was dumped in a canal near the Sawgrass Expressway in Broward County.