Kenneth Dessaure

Case identification

• Name: Kenneth Dessaure
• Date of birth: 01/28/78
• Supreme Court of Florida opinion: SC02 - 286
• DC#: R05023
• Sixth Judicial Circuit, Pinellas County
• Case # 99-15522

Timeline

• 02/09/99 — Kenneth Dessaure called 911 to report that he found a naked, dead woman in her apartment hallway.
• 10/26/01 — Dessaure was sentenced to death.
• 08/26/99 — Trial began (as reflected by “Trial Summary: 08/26/99”).
• 09/05/01 — A jury returned a guilty verdict.
• 09/06/01 — The jury recommendation was waived.
• 09/11/01 — A penalty phase was held.
• 02/07/02 — Dessaure filed a Direct Appeal with the Florida Supreme Court.
• 12/02/04 — The Florida Supreme Court affirmed the conviction and sentence.
• 02/28/06 — Dessaure filed a 3.851 Motion with the Circuit Court; it was pending.

Background

Kenneth Dessaure was indicted for first-degree murder. The sentencing judge was The Honorable Brandt Downey. The trial attorney was Michael Schwartzberg – Private Attorney. The direct appeal attorney was Paul Helm – Assistant Public Defender Attorney. The collateral appeals attorney was James Driscoll – CCRC-M.

The offence

On 02/09/99, Kenneth Dessaure called 911 to report that he found a naked, dead woman in her apartment hallway. Dessaure told the 911 operator that he went to the apartment of his neighbor, Cindy Riedweg, to borrow some ice, and he discovered the body. Riedweg’s body was lying face down with her arms tucked under her body.

Riedweg’s body had fifty-three wounds, including three bruises, fifteen scrapes and pick marks, sixteen superficial cuts, fifteen deeper cuts, and four stab wounds. Multiple stab wounds to the torso and neck were the cause of death.

In a statement to police, Dessaure stated that he saw Riedweg sunbathing as he took out the trash. When he returned to his apartment, he began washing dishes but cut his palm while washing a knife. Dessaure’s ice cube tray was empty, so he went next door to Riedweg’s apartment for some ice. He knocked on the door and yelled for “Cindy,” but the door was unlocked, so he entered the apartment. He found Riedweg lying on the floor and left the apartment.

Forensic analysis of Dessaure’s clothing yielded blood stains that matched Riedweg’s DNA profile. A towel and comforter from Riedweg’s apartment tested positive for semen that was matched to Dessaure. A blood-stained knife was found in Dessaure’s kitchen.

According to two of Dessaure’s fellow inmates at the Pinellas County Jail, Valdez Hardy and Shavar Sampson, Dessaure admitted to the rape and murder of Cindy Riedweg.

Investigation

Blood stains on Kenneth Dessaure’s clothing matched Cindy Riedweg’s DNA profile. A towel and comforter from Riedweg’s apartment tested positive for semen matched to Dessaure.

Trial

Indictment and counts

Kenneth Dessaure was indicted as follows:

• Count I: First-Degree Murder

Verdict and penalty phase

• 09/05/01 — Jury returned a guilty verdict.
• 09/06/01 — Jury recommendation waived.
• 09/11/01 — Penalty phase held (as reflected in the trial summary chronology).

Sentencing

Date and judge

• Date of sentence: 10/26/01
• Sentencing judge: The Honorable Brandt Downey

Sentence imposed

• Count I: First-Degree Murder — Death

Appeals

Direct appeal to the Florida Supreme Court

On 02/07/02, Dessaure filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors:

• denying a motion for mistrial based on the prosecutor’s opening statement;
• refusing to allow evidence that two marijuana cigarettes were found in Riedweg’s apartment;
• refusing to allow the defense to present evidence that Riedweg’s boyfriend smoked marijuana;
• allowing the State to argue that Dessaure was the source of the cigarette ash found in Riedweg’s sink;
• allowing the State to impeach the testimony of two defense witnesses;
• denying a motion to exclude evidence regarding Dessaure’s argument with his fiancée;
• allowing the defendant to waive a penalty phase jury without a valid waiver;
• failing to allow a jury to make a sentencing recommendation;
• failing to charge aggravating circumstances in the indictment;
• failing to have sufficient evidence to convict; and
• failing to sentence proportionately.

On 12/02/04, the Florida Supreme Court affirmed the conviction and sentence.

Collateral appeal / motion

On 02/28/06, Dessaure filed a 3.851 Motion with the Circuit Court that is pending.

Outcome

Kenneth Dessaure was sentenced to death on October 26, 2001. The Florida Supreme Court affirmed the conviction and sentence on 12/02/04.

Other details

• Attorney details:
  • Trial attorney: Michael Schwartzberg – Private Attorney
  • Direct appeal attorney: Paul Helm – Assistant Public Defender Attorney
  • Collateral appeals attorney: James Driscoll – CCRC-M
• Trial summary milestones:
  • Trial Summary listed “08/26/99”
• Related individuals mentioned in the proceedings and statements:
  • Valdez Hardy and Shavar Sampson, fellow inmates at the Pinellas County Jail, stated that Dessaure admitted to the rape and murder of Cindy Riedweg.
  • Cindy Riedweg was the victim.