Richard Michael Cooper

Case details

Richard Michael Cooper was born on 09/28/63. He was sentenced to death on 03/14/84 for his part in three murders that occurred during the course of a robbery on 06/18/82.

Timeline

• 06/18/82 — Chris Fridella contacted police in the early morning hours notifying them that his father and two of his father’s friends had been shot; authorities arrived and found Steven Fridella, Bobby Martindale, and Gary Petersen dead, lying face down on the floor with their hands bound behind them; the victims’ wallets had been rummaged through and the house had been scoured in an apparent search for valuables.
• 06/17/82 — Richard Cooper and his accomplices planned the robbery for over a week and went to the Fridella residence in the evening; Jeff McCoy stayed in the car while Cooper, Terry Van Royal, and Jason Dirk Walton entered the house.
• 07/24/82 — Richard Cooper was convicted of burglary (Case #82-00221).
• 08/17/82 — Cooper was arrested.
• 04/06/83 — Cooper was indicted on Count I: First-Degree Murder (Gary Petersen), Count II: First-Degree Murder (Bobby Martindale), Count III: First-Degree Murder (Steven Fridella).
• 04/14/83 — Cooper entered a plea of “not guilty”.
• 01/13/84 — The jury found the defendant guilty on all counts.
• 01/14/84 — Upon advisory sentencing, the jury voted for the death penalty by a 9 to 3 majority for the murder of Gary Petersen, by a 7 to 5 majority for the murder of Bobby Martindale, and by a 7 to 5 majority for the murder of Steven Fridella.
• 03/14/84 — Cooper was sentenced: Count I (Gary Petersen) — Death; Count II (Bobby Martindale) — Death; Count III (Steven Fridella) — Death.
• 04/06/84 — Cooper filed a Direct Appeal in the Florida Supreme Court.
• 07/17/86 — The Florida Supreme Court affirmed the convictions and sentences of death.
• 02/23/87 — The United States Supreme Court denied Cooper’s Petition for Writ of Certiorari.
• 02/22/89 — Cooper filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court.
• 06/20/89 — The execution was scheduled for 06/20/89 after Governor Bob Martinez signed a death warrant for Richard Cooper.
• 06/07/89 — The State Circuit Court granted a stay of execution.
• 09/07/99 — The Circuit Court denied Cooper’s first 3.850-related federal habeas-related procedural step was dismissed without prejudice with a re-filing directive under Florida Rule of Appellate Procedure 9.140 (b) (6) (e); during the deliberation on Cooper’s 3.850 Motion, Cooper’s Petition for Writ of Habeas Corpus in the Florida Supreme Court was dismissed without prejudice on 09/07/99 to be re-filed.
• 10/15/01 — Cooper filed an appeal of the Circuit Court’s denial of his 3.850 Motion in the Florida Supreme Court.
• 06/26/03 — The Florida Supreme Court affirmed the decision on the appeal.
• 03/01/04 — The United States Supreme Court denied Cooper’s Petition for Writ of Certiorari filed 12/24/03.
• 06/22/04 — Cooper filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, which was pending.

Background

Florida Supreme Court opinion 65133 (opinion SC01-2285; DC #087442). Direct appeal counsel was John E. Swisher, Esq. and Robert H. Dillinger, Esq. Collateral appeals involved Mark Gruber & David Hendry — CCRC-M and Stephen Hanlon, Esq. Trial attorney was Ky M. Koch, Esq. & Ronnie G. Crider, Esq. The sentencing judge was The Honorable William L. Walker. The case was in the Sixth Judicial Circuit, Pinellas County, Case #83-00678.

The offence

Richard Cooper was convicted and sentenced to death for his part in three murders that occurred during the course of a robbery on 06/18/82. Eight-year-old Chris Fridella contacted police in the early morning hours of 06/18/82, notifying them that his father and two of his father’s friends had been shot. When authorities arrived at the scene, they found Steven Fridella, Bobby Martindale, and Gary Petersen dead, lying face down on the floor with their hands bound behind them. The victims’ wallets had been rummaged through, and the house had been scoured in an apparent search for valuables.

Approximately six months later, Robin Fridella, Steven Fridella’s ex-wife, furnished police with information that pointed to Richard Cooper and his accomplices: Terry Van Royal, Jason Dirk Walton and Jeff McCoy. During an interview, Cooper confessed to the murders and relayed the following information in his statement: the four men had planned the robbery for over a week; on the evening of 06/17/82, they went to the Fridella residence; Jeff McCoy stayed in the car while the other three men entered the house; Cooper, Royal, and Walton rounded up the adults in house, tied their hands and laid them down on the living room floor; Eight-year-old Chris Fridella was ushered into the bathroom; Walton searched the house while Cooper and Royal guarded the captives.

One of the captives was able to identify Walton, so, Walton pronounced that all three men must be shot. Walton commanded Cooper and Royal to open fire on the captive men when his own gun misfired. Upon leaving the house, Walton told Cooper that one of the men was still alive, at which time Cooper re-entered the house and shot Fridella again.

Investigation

Eight-year-old Chris Fridella notified police that his father and two of his father’s friends had been shot. After authorities arrived, they found three victims dead with their hands bound behind them and the house scoured in an apparent search for valuables. Approximately six months later, Robin Fridella furnished police with information pointing to Richard Cooper and his accomplices: Terry Van Royal, Jason Dirk Walton and Jeff McCoy.

Arrest

Cooper was arrested on 08/17/82.

Trial

Cooper was indicted on 04/06/83 on Count I: First-Degree Murder (Gary Petersen), Count II: First-Degree Murder (Bobby Martindale), and Count III: First-Degree Murder (Steven Fridella). On 04/14/83, Cooper entered a plea of “not guilty”. On 01/13/84, the jury found the defendant guilty on all counts.

Upon advisory sentencing on 01/14/84, the jury voted for the death penalty by a 9 to 3 majority for the murder of Gary Petersen, by a 7 to 5 majority for the murder of Bobby Martindale, and by a 7 to 5 majority for the murder of Steven Fridella.

Sentences at trial

On 03/14/84, Cooper was sentenced:

• Count I: First-Degree Murder (Gary Petersen) — Death
• Count II: First-Degree Murder (Bobby Martindale) — Death
• Count III: First-Degree Murder (Steven Fridella) — Death

Sentencing

Cooper received death sentences for the murders of Gary Petersen, Bobby Martindale, and Steven Fridella on 03/14/84.

Codefendants

Jason Dirk Walton was convicted and sentenced to death for his part in the murders that occurred on 06/18/82. Terry Van Royal Jr. and Jeff McCoy were sentenced to three life sentences for their parts in the murders.

Appeals

Cooper filed a Direct Appeal in the Florida Supreme Court on 04/06/84. He argued that the trial court erred in the admission of evidence seized in an unlawful search and in the application of aggravating and mitigating circumstances.

The Florida Supreme Court agreed with Cooper that the murder was not committed during the course of a kidnapping; however, the court affirmed the application of all other aggravating factors found by the trial court. On 07/17/86, the Florida Supreme Court affirmed the convictions and sentences of death.

Cooper next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 02/23/87.

Cooper filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court on 02/22/89. While that motion was pending, Governor Bob Martinez signed a death warrant for Richard Cooper, and the execution was scheduled for 06/20/89. On 06/07/89, the State Circuit Court granted a stay of execution. Twelve and a half years after its original filing date, the Circuit Court denied Cooper’s 3.850 Motion. Cooper filed an appeal of that decision in the Florida Supreme Court on 10/15/01, which was affirmed on 06/26/03.

During the deliberation on Cooper’s 3.850 Motion, Cooper filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. That petition was dismissed without prejudice on 09/07/99 to be re-filed under Florida Rule of Appellant Procedure 9.140 (b) (6) (e). On 03/20/02, Cooper filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was denied on 06/26/03.

On 12/24/03, Cooper filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied 03/01/04.

On 06/22/04, Cooper filed a Petition for Writ of Habeas Corpus with the U.S.

Outcome

Cooper was sentenced to death on 03/14/84. The Florida Supreme Court affirmed the convictions and sentences of death on 07/17/86.

Aftermath

After Governor Bob Martinez signed a death warrant, Cooper’s execution was scheduled for 06/20/89, and the State Circuit Court granted a stay of execution on 06/07/89. Cooper’s subsequent collateral proceedings included the filing and denial of a 3.850 Motion and habeas corpus petitions, with later filings including a petition in the U.S. District Court, Middle District, pending as of 06/22/04.

Other details

Richard Cooper was convicted of burglary (Case #82-00221) on 07/24/82 after the murders, and he was sentenced to one year and one month imprisonment for that crime.