Roger Lee Cherry

Timeline

• 06/28/86 — Roger Lee Cherry murdered an elderly couple during the commission of a burglary.
• 06/28/86 — Around noon, the son of Leonard Wayne and Esther Wayne arrived at his parents’ home in Deland for a visit and discovered the couple’s car was gone and the door to the house was ajar; he found his parents lying on the floor dead.
• 06/27/86 — Between 11 and 11:30 p.m., Cherry left the apartment he shared, saying he needed some money.
• 06/27/86 — About an hour later, Cherry returned with two or three rifles and a wallet containing a bankcard and a license identifying a man named Wayne.
• 06/28/86 — The ATM three blocks from the Wayne home captured a Master Card and a Sun Bank Card belonging to the Waynes on June 28, 1986.
• 07/02/86 — Cherry was arrested at his home; police noted a cut on his right thumb.
• 09/25/87 — Cherry was convicted as follows: Burglary (guilty), Second-Degree Grand Theft (guilty), First-Degree Murder (guilty), First-Degree Murder (guilty).
• 09/26/87 — The jury recommended the death penalty for the murder of Leonard Wayne by a vote of 7 to 5.
• 09/26/87 — The jury recommended the death penalty for murder of Esther Wayne by a vote of 9 to 3.
• 09/26/87 — Advisory sentence was followed by sentencing: Burglary (Life), Grand Theft (Second-Degree) (5 years), First-Degree Murder (Death), First-Degree Murder (Death); sentences for Counts I and II were to run concurrent with each other.
• 1987 — Cherry filed a direct appeal in the Florida Supreme Court.
• 1989 — Florida Supreme Court affirmed the conviction and sentences.
• 1990 — The U.S. Supreme Court denied certiorari.
• 1992 — Cherry filed a 3.850 motion with the trial court.
• 1993 — The court denied the 3.850 motion.
• 1994 — Cherry appealed the denial to the Florida Supreme Court; the court rejected all of his 19 claims except ineffective assistance of trial counsel during the penalty phase.
• 1995 — Florida Supreme Court remanded for an evidentiary hearing on the ineffective assistance claim.
• 1997 — After an evidentiary hearing, the trial court denied relief; the Florida Supreme Court affirmed.
• 1997 — Cherry filed his second 3.850 motion with the trial court.
• 10/16/01 — The trial court denied the second 3.850 motion.
• 10/31/01 — The trial court granted an order for rehearing on the second 3.850 motion.
• 2001 — Cherry was denied certiorari by the United States Supreme Court.
• 12/28/01 — Cherry filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 10/03/02 — The Florida Supreme Court denied the Petition for Writ of Habeas Corpus.
• 06/24/02 — The trial court held an evidentiary hearing after a rehearing was granted in Cherry’s second 3.850 motion.
• 08/12/02 — The trial court denied the second 3.850 motion after the evidentiary hearing.
• 11/19/04 — The Florida Supreme Court relinquished jurisdiction to the Circuit Court to determine if Cherry is mentally retarded.
• 04/19/02 — Cherry filed a third 3.850 motion in State Circuit Court.
• 11/30/04 — Cherry amended the third 3.850 motion in State Circuit Court.
• 10/12/05 — The Circuit Court determined that Cherry was not mentally retarded.

Case information

Roger Lee Cherry (DOB: 06/14/51) was tried in the Seventh Judicial Circuit, Volusia County, in Case #86-4473-A. The sentencing judge was The Honorable Uriel Blount Jr. The trial attorney was David R. Miller – Private Attorney. The direct appeal attorney was Larry B. Henderson – Private Attorney. The collateral appeals attorney was Linda McDermott – Registry.

Cherry was also known as “Johnny L. Hill.”

Background

The circumstances of the offence stated that Roger Lee Cherry murdered an elderly couple during the commission of a burglary.

Cherry was previously convicted of numerous offenses, including robbery in 1971 and 1979.

On 11/19/04, the Florida Supreme Court relinquished jurisdiction for a mental retardation determination. On 10/12/05, the Circuit Court determined that Cherry was not mentally retarded.

The offence

On June 28, 1986, the son of Leonard Wayne and Esther Wayne arrived at his parents’ home in Deland for a visit. He noticed that the couple’s car was gone and the door to the house was ajar. Upon entering the bedroom he discovered his parents lying on the floor, dead.

Autopsies revealed that Mrs. Wayne died of multiple blows to the head and that Mr. Wayne died of cardiac arrest.

Investigation

Police testimony indicated that the telephone wire outside the house had been cut.

Blood had been discovered on a piece of discarded paper near the wire, on the walkway leading to the rear of the home, and on at least one of three jalousie panes found in a wooded thicket to the rear of the home. The panes had been removed form the rear porch window.

Cherry’s blood was consistent with the blood found on the paper and the jalousie.

A Sunbank supervisor testified that the ATM three blocks from the Wayne home captured a Master Card and a Sun Bank Card belonging to the Waynes on June 28, 1986. An audit revealed that five or six transactions were unsuccessfully attempted between 1:55 and 2 a.m.

Arrest

Cherry was arrested on July 2 at his home. Police noted at that time that Cherry had a cut on his thumb, which he said was the result of having cut the head off a fish.

Trial

Witness testimony and events described at trial

At Cherry’s trial, state’s witness Lorraine Neloms testified that the defendant left the apartment they shared between 11 and 11:30 p.m. on June 27, saying that he needed some money. She testified that he returned about an hour later with two or three rifles and a wallet containing a bankcard and a license identifying a man named Wayne.

Neloms testified that when she asked where he had been, Cherry responded that he went inside a home near the armory. She testified that Cherry told her that after entering the home Mrs. Wayne tried to fight him and that he pushed Mr. Cherry who then clutched his chest.

Neloms testified that Cherry bled from a wound on his right thumb, which he stated was the result of cutting a line.

Neloms testified that Cherry left the apartment twice more that evening. She testified that the first time he went to a bank and upon his return stated that a card was stuck in the automatic teller machine. She testified that the second time he left “to ditch the car he stole.”

Convictions

On 09/25/87, as charged in the indictment, the defendant was convicted as follows:

• Count I: Burglary — guilty
• Count II: Second-Degree Grand Theft — guilty
• Count III: First-Degree Murder — guilty
• Count IV: First-Degree Murder — guilty

Advisory sentence and jury recommendations

Upon advisory sentence, the jury by a vote of 7 to 5 recommended the death penalty for the murder of Leonard Wayne. The jury by a vote of 9 to 3 recommended the death penalty for murder of Esther Wayne.

Sentencing

On 09/26/87, the defendant was sentenced as followed:

• Count I: Burglary — Life
• Count II: Grand Theft (Second-Degree) — 5 years
• Count III: First-Degree Murder — Death
• Count IV: First-Degree Murder — Death

The sentences for Counts I and II were to run concurrent with each other.

Appeals

Cherry filed a direct appeal in the Florida Supreme Court in 1987. In 1989, the Florida Supreme Court affirmed the conviction and sentences. The U.S. Supreme Court denied certiorari in 1990.

In 1992, the defendant filed a 3.850 motion with the trial court. The court denied the motion in 1993. Cherry appealed the order to the Florida Supreme Court in 1994. The court rejected all of his 19 claims except for his argument that his trial counsel was ineffective during the penalty phase. In 1995, the court remanded for an evidentiary hearing on that claim. After conducting a hearing, the trial court in 1997 again denied relief. On appeal, the Florida Supreme Court affirmed.

In 1997, Cherry filed his second 3.850 Motion with the trial court. The court denied the motion on 10/16/01, but granted an order for rehearing on 10/31/01. In 2001, Cherry was denied Certiorari by the United States Supreme Court. On 12/28/01, Cherry filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court that was denied on 10/03/02. After a rehearing was granted in Cherry’s second 3.850 Motion, the trial court held an evidentiary hearing on 06/24/02, and subsequently denied the motion on 08/12/02. Cherry then filed an appeal in the Florida Supreme Court, which is currently pending.

On 11/19/04, the Florida Supreme Court relinquished jurisdiction to the Circuit Court to determine if Cherry was mentally retarded.

On 04/19/02, Cherry filed a third 3.850 Motion in the State Circuit Court and amended the motion on 11/30/04, which is currently pending.

Other details

The reported defendant identification in Neloms’ testimony included a license identifying a man named Wayne.

The case information listed District Court (DC #021641).