Jesus Delgado

Case record: Jesus Delgado

Timeline

• 08/29/90 — Date of offense.
• 08/30/90 — Marlene McField witnessed the Rodriguezes arrive home and later in the evening heard the Rodriguezes’ dogs wailing.
• Late evening after 08/30/90 — The gate leading to the front porch was ajar and the key was still in the lock on the inside of the gate.
• Following morning (after 08/30/90) — Marlene McField went to the Rodriguezes and noticed the gate leading to the front porch was ajar and the key was still in the lock on the inside of the gate; she rang the doorbell and when no one responded she called the police.
• 12/23/92 — Delgado was not located and was arrested.
• 07/27/93 — Delgado was indicted on multiple counts: Count I First-Degree Murder; Count II First-Degree Murder; Count III Armed Burglary; Count IV Use of a Firearm During a Felony.
• 10/27/95 — The jury returned guilty verdicts on all counts of the indictment.
• 11/21/95 — The jury recommended a death sentence for Count I by a vote of 7-5, and a death sentence for Count II by a vote of 12-0.
• 06/19/96 — Sentenced: Count I First-Degree Murder—Death; Count II First-Degree Murder—Death; Count III Armed Burglary—Life imprisonment.
• 07/31/96 — Delgado filed a direct appeal with the Florida Supreme Court citing fourteen trial court errors.
• 02/03/00 — The Florida Supreme Court ordered one of the death sentences reduced to life imprisonment and affirmed the other death sentence.
• 08/24/00 — The Florida Supreme Court granted a rehearing motion and substituted a new opinion for the original opinion of 02/03/00; the Florida Supreme Court remanded the case for a new trial.
• 08/24/00 — The state did not prosecute Count III of the indictment, Armed Burglary, for the retrial.
• 05/26/04 — The jury returned guilty verdicts on the First-Degree Murder counts.
• 07/08/04 — The jury recommended death sentences by votes of 9-3.
• 10/18/04 — Sentenced to death.
• 10/18/04 — Resentenced to death.

Background

Delgado was associated with a dry-cleaning business owned by Tomas and Violetta Rodriguez. In June of 1990, the Rodriguezes sold their dry-cleaning business to Horatio Lamellas, whose daughter, Barbara Lamellas, and her boyfriend, Delgado, ran the business. After the sale, Delgado complained to the Rodriguezes that the machines were not working properly and customers were not satisfied. Delgado became a suspect due to the evidence found at the crime scene and the complaints about the dry-cleaning business.

Delgado had a significant criminal record prior to the crime.

The offence

On the evening of 08/30/90, Marlene McField, a neighbor of Tomas and Violetta Rodriguez, witnessed the Rodriguezes arrive home and later in the evening heard the Rodriguezes’ dogs wailing. The following morning, McField went to the Rodriguezes and noticed that the gate leading to the front porch was ajar and the key was still in the lock on the inside of the gate. McField rang the doorbell, and when no one responded, she called the police.

The police found the front door unlocked, with no sign of forced entry. When the police entered the kitchen, they found a bloodstained knife and a pistol on the floor. A wooden door leading to the garage was cracked in the center and the hinges were broken. The body of Tomas Rodriguez was found inside the garage, with bullet and stab wounds. Violetta Rodriguez’s body was found against the garage wall and had blunt force and stab wounds.

A single set of bloody footprints that did not match either Mr. or Mrs. Rodriguez led from the garage to the kitchen. A single drop of Jesus Delgado’s blood was found in the garage. A mixture of Delgado’s and the Rodriguez’s blood was found in the garage, on the pistol, and on the kitchen phone. Delgado’s palm print was found on the phone, and the last number dialed from the phone was the residence where Delgado lived at the time.

Investigation

Delgado was not located and was arrested until 12/23/92, more than two years after the murders.

Arrest

Delgado was arrested on 12/23/92.

Trial

First trial

• 07/27/93 — Delgado was indicted as follows:

  • Count I — First-Degree Murder
  • Count II — First-Degree Murder
  • Count III — Armed Burglary
  • Count IV — Use of a Firearm During a Felony

• The State did not prosecute Count IV of the indictment, Use of a Firearm During a Felony.

• 11/21/95 — The jury recommended a death sentence for:

  • Count I by a vote of 7-5
  • Count II by a vote of 12-0

• 06/19/96 — The sentencing outcome was:

  • Count I — First-Degree Murder — Death
  • Count II — First-Degree Murder — Death
  • Count III — Armed Burglary — Life imprisonment

Retrial

• 08/24/00 — The Florida Supreme Court remanded the case for a new trial.
• The State did not prosecute Count III of the indictment, Armed Burglary.

Sentencing

• 06/19/96 — Delgado was sentenced to death on Count I and Count II, and life imprisonment on Count III.
• 10/18/04 — Delgado was sentenced to death again.

Sentencing judge: The Honorable Norman S. Gerstein.

Appeals

Delgado filed a Direct Appeal with the Florida Supreme Court on 07/31/96, citing fourteen trial court errors.

On 02/03/00, the Florida Supreme Court ordered one of the death sentences reduced to life imprisonment and affirmed the other death sentence.

On 08/24/00, the Florida Supreme Court granted a rehearing motion and substituted a new opinion for the original opinion of 02/03/00. In that opinion, the Florida Supreme Court remanded the case for a new trial. The Florida Supreme Court concentrated on one issue that led to the order for a new trial: the trial court should have granted a defense motion for judgment of acquittal on the charges of First Degree Murder because the State failed to prove the necessity of the felony murder charge and failed to prove premeditation.

Outcome

Delgado was sentenced to death on June 19, 1996, and was resentenced to death on October 18, 2004.

Other details

Case information

• Supreme Court of Florida opinion: SC88638 opinion SC 0 4 - 2274 DC# 658187
• Date of birth (DOB): 04/15/65
• Eleventh Judicial Circuit, Dade County
• Case # 90-36048

Attorneys

• Gerstein
• Trial: Howard Sohn, Esq. & David Peckins – Assistant Public Defender
• Retrial: Edward Koch & Alan Greenstein – Assistant Public Defenders Attorney
• Direct Appeal: Roy D. Wesson & Melodee A. Smith – Private

Parties named in the case

• Victims: Tomas Rodriguez; Violetta Rodriguez
• Witness: Marlene McField
• Related business: Horatio Lamellas; Barbara Lamellas (daughter) and her boyfriend Delgado
• Delgado’s blood evidence: a single drop of Jesus Delgado’s blood was found in the garage; Delgado’s palm print was found on the kitchen phone; a mixture of Delgado’s and the Rodriguez’s blood was found in the garage, on the pistol, and on the kitchen phone.