Jeffrey Lee Atwater

Case overview

Jeffrey Lee Atwater was convicted and sentenced to death for the murder of Ken Smith. On the same case, he was also convicted of robbery with a deadly weapon and received a 10-year sentence for that count.

Background

The defendant had no previous criminal history in Florida prior to the robbery and murder of Ken Smith. There was evidence that Atwater was looking for Smith for up to three days prior to his murder. Apparently, Atwater had obtained money from Smith before, but Smith was fearful of him and had vowed never to give him money again.

The offence

On 08/11/89, Atwater attempted to enter the John Knox Apartment Complex in St. Petersburg, Florida. At the security gate, Atwater told the guard that he was Smith’s grandson and fabricated the purpose of his visit. Atwater entered Smith’s apartment and proceeded to his room. After 20 minutes, Atwater left the apartment and Smith’s body was discovered later that day.

Smith had been robbed as well. Smith’s pockets were turned inside out and all of his money was missing. After the murder, Atwater reportedly told several people that he killed Smith.

A medical examiner testified that 64-year-old Ken Smith had been stabbed over 40 times, and there was evidence he was beaten prior to or during the killing.

Investigation

Ken Smith’s body was discovered later that day following Atwater’s departure from the apartment. Atwater was subsequently arrested later that day after he reportedly told several people that he killed Smith.

Arrest

08/11/89 Defendant arrested.

Trial

09/07/89 Defendant indicted on:

• Count I: First-Degree Murder
• Count II: Robbery with a Deadly Weapon

05/04/90 The jury found the defendant guilty on counts I & II.

05/17/90 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

At trial, the medical examiner testified that 64-year-old Smith had been stabbed over 40 times, and there was evidence he was beaten prior to or during the killing.

Sentencing

06/25/90 The defendant was sentenced as followed:

• Count I: First-Degree Murder – Death
• Count II: Robbery with a Deadly Weapon – 10 years

Sentencing Judge: The Honorable R. Grable Stoutamire.

Direct appeal

On 07/18/90, Jeffrey Atwater filed a Direct Appeal in the Florida Supreme Court.

Atwater contended that the trial court erred in permitting the State to excuse the only black person in the venire by using a peremptory challenge. He also claimed that the court erred in its treatment of a juror’s question and that the State did not support its accusation of robbery with adequate evidence. Atwater also challenged the application of two aggravating factors; the court summarily denied those claims as well.

The Florida Supreme Court affirmed the convictions and sentence on 09/16/93. The mandate was issued on 12/29/93.

The defendant filed a Petition for Writ of Certiorari on 02/22/94, which was denied on 04/18/94.

Direct Appeal Attorney: Steven Krosschell – Assistant Public Defender.

Collateral proceedings in Florida

Atwater filed a 3.850 Motion in Circuit Court on 10/16/95. The motion was denied on 01/06/99.

Atwater next filed an appeal of his 3.850 Motion in the Florida Supreme Court on 11/22/99. That appeal was denied on 06/07/01.

Atwater filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 12/22/99. The petition was denied on 06/07/01.

On 12/08/03, Atwater filed a Successive 3.850 Motion in the State Circuit Court. That motion was denied on 04/20/04. He filed an appeal of that decision in the Florida Supreme Court, which affirmed the denial on 12/20/04.

Collateral Appeal Attorneys: Mark Gruber & David Hendry – CCRC-M.

Federal habeas proceedings

Atwater filed a Petition for Writ of Habeas Corpus in the United States District Court on 06/21/02. The petition was administratively closed pending the final decision in the Bottoson/King cases. On 01/13/03, the petition was reopened. The Habeas Petition was denied on 10/21/03.

Atwater filed an appeal of that decision in the United States Court of Appeals on 12/04/03, which is stated as currently pending. On 12/05/03, Atwater filed a Motion to Stay pending the resolution of his State proceedings. On 06/12/06, the USCA affirmed the denial of the petition.

Case information and procedural details

• DOB: 12/24/63
• Date of Offense: 08/11/89
• Date of Sentence: 06/25/90
• Case Number: 89-13299
• DC #120467
• Sixth Judicial Circuit, Pinellas County

Trial Attorneys: John White, Esq. & Michael Schwartzberg, Esq. – Private Attorney.

• Florida Supreme Court Docket #SC94865: Jeffrey Lee Atwater, Appellant, vs. State of Florida, Appellee. 788 So. 2d 223; June 7, 2001.
• Florida Supreme Court Docket #SC99-179: Jeffrey Lee Atwater, Petitioner, vs. Michael W. Moore, etc., et al., Respondents. 788 So. 2d 223; June 7, 2001. (Consolidated Case)

Outcome

The Florida Supreme Court affirmed the convictions and sentence on 09/16/93, and the mandate was issued on 12/29/93. The Florida Supreme Court denied the later appeal of the 3.850 Motion on 06/07/01 and denied the Petition for Writ of Habeas Corpus on 06/07/01. The federal habeas petition was denied on 10/21/03, and the USCA affirmed the denial on 06/12/06.