Samuel Jason Derrick

Case identification

• Name: Samuel Jason Derrick
• Date of birth: 04/05/67
• Case number: 87-1775
• Court: Sixth Judicial Circuit, Pasco County
• Sentencing judge: The Honorable Edward H. Bergstrom, Jr.
• Attorneys (trial): Robert S. McClure; Stephen Dehnart – Assistant Public Defender
• Direct appeal: Robert F. Moeller – Assistant Public Defender
• Collateral appeals: Harry Brody – Registry
• Date of offense: 06/24/87
• Date of sentence: 07/25/88
• Date of resentencing: 12/11/91

Timeline

• 06/25/87 — A passerby, Harry Lee, found Rama Sharma’s body on a path in the woods near Sharma’s convenience store in Pasco County.
• 07/14/87 — Derrick was indicted on one count of First-Degree Murder.
• 07/17/87 — Derrick entered a not guilty plea.
• 05/12/88 — Jury returned a guilty verdict.
• 05/13/88 — Jury recommended a death sentence by a vote of 8-4.
• 07/25/88 — Derrick was sentenced to death.
• 09/22/88 — Derrick filed a Direct Appeal with the Florida Supreme Court citing listed errors.
• 03/21/91 — The Florida Supreme Court affirmed the conviction, but vacated the sentence and remanded the case to the trial court for a new sentencing hearing.
• 01/06/92 — Derrick filed a Direct Appeal with the Florida Supreme Court citing listed trial court errors and other claims.
• 06/23/94 — The Florida Supreme Court affirmed the death sentence.
• 11/22/94 — Derrick filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 01/23/95 — The U.S. Supreme Court denied the petition.
• 03/24/97 — Derrick filed a 3.850 Motion with the Circuit Court, amended on 09/03/99 and 12/03/01.
• 07/18/05 — The Circuit Court denied the motion.
• 08/29/05 — Derrick filed a 3.850 Appeal with the Florida Supreme Court that was pending.
• 07/10/06 — Derrick filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that was pending.
• 12/11/91 — Jury recommended a death sentence by a vote of 7-5 and Derrick was resentenced to death.

The offence

On 06/25/87, at 6:30 a.m., a passerby, Harry Lee, found Rama Sharma’s body on a path in the woods near Sharma’s convenience store in Pasco County. A trail of blood led from the body to a blood puddle twenty feet away. A piece of a t-shirt and two sets of tennis shoe prints, one of which belonged to Lee, were found near the body.

Evidence showed that Sharma was stabbed thirty-one times and died approximately ten to fifteen minutes after the last wound was inflicted.

Investigation and evidence

Samuel Derrick was implicated in the murder by his friend, David Lowry. Lowry testified at trial that Derrick told him that Derrick killed Sharma.

After arrest, Derrick confessed to the murder, stating that he intended to rob the store and jumped Sharma as he left the store. When Sharma turned to run back to the store, Derrick grabbed him. Sharma recognized Derrick and started screaming, and Derrick admitted stabbing Sharma “to shut him up.” Derrick tore off a piece of his shirt that had blood on it and took $360 from Sharma’s pocket. Derrick disposed of the knife in the woods and some clothing and shoes in a pond.

Trial

Charges and plea

• Derrick was indicted on one count of First-Degree Murder on 07/14/87.
• Derrick entered a not guilty plea on 07/17/87.

Verdict and penalty recommendation

• The jury returned a guilty verdict on 05/12/88.
• On 05/13/88, the jury recommended a death sentence by a vote of 8-4.

Sentencing

• On 07/25/88, Derrick was sentenced to death.

Direct appeals (Florida Supreme Court)

1st direct appeal

On 09/22/88, Derrick filed a Direct Appeal with the Florida Supreme Court, citing the following errors:

• discovery violations
• Derrick was shackled during the trial
• prejudice due to media coverage of the trial
• restricting defense counsel’s cross-examination of certain witnesses
• admission of fellow inmate testimony during the penalty phase of trial
• improper finding of the cold, calculated, and premeditated and avoiding arrest aggravating circumstances

On 03/21/91, the Florida Supreme Court affirmed the conviction, but vacated the sentence and remanded the case to the trial court for a new sentencing hearing.

2nd direct appeal

On 01/06/92, Derrick filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors:

• improper response to a jury inquiry
• improper instruction on the murder committed during the commission of a felony and pecuniary gain aggravating circumstances
• unsupported finding of the avoiding arrest and heinous, atrocious, or cruel aggravating circumstances

The Florida Supreme Court did not comment on the following three claims of trial court error:

• failure to consider all non-statutory mitigating circumstances
• considering that the murder was committed during a felony
• proportionality of the death penalty

The Florida Supreme Court affirmed the death sentence on 06/23/94.

U.S. Supreme Court petition

On 11/22/94, Derrick filed a Petition for Writ of Certiorari with the U.S. Supreme Court. The petition was denied on 01/23/95.

Post-conviction proceedings (3.850)

On 03/24/97, Derrick filed a 3.850 Motion with the Circuit Court that was amended on 09/03/99 and 12/03/01. The Circuit Court denied the motion on 07/18/05.

On 08/29/05, Derrick filed a 3.850 Appeal with the Florida Supreme Court that was pending.

Habeas corpus

On 07/10/06, Derrick filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that was pending.

Resentencing

Following remand, resentencing occurred on 12/11/91. The jury recommended a death sentence by a vote of 7-5, and Derrick was resentenced to death.