Ernest Downs

Case information

Ernest Downs was indicted in the Fourth Judicial Circuit, Duval County (Case # 77-2874). He was born on 08/11/48. The sentencing judge was The Honorable Dorothy Pate. Trial counsel was Richard Lovett Brown – Private Attorney. Direct appeal counsel was Richard Lovett Brown – Private Attorney. Collateral appeals included Jefferson Morrow (State) and Joy Langford (Federal) – Registry & Private.

Timeline

• 04/23/77 — Date of offense.
• 08/11/77 — Indictment returned with Count I and Count II.
• 12/16/77 — Jury returned guilty verdicts on all counts.
• 12/20/77 — Jury recommended a death sentence by a vote of 12-0.
• 01/27/78 — Sentenced to death for Count I; sentenced to 30 years for Count II.
• 03/02/78 — Downs filed a direct appeal with the Florida Supreme Court.
• 05/22/80 — Florida Supreme Court affirmed Downs’ conviction and sentence.
• 08/04/80 — Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 11/03/80 — U.S. Supreme Court denied the Petition for Writ of Certiorari.
• 10/24/80 — Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 05/19/81 — Petition denied without prejudice to allow Downs to file a 3.850 Motion.
• 06/21/82 — Downs filed a 3.850 Motion with the circuit court.
• 08/12/83 — Circuit court denied the 3.850 Motion.
• 08/26/83 — Downs filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 06/21/84 — Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion.
• 11/02/84 — Downs filed a Petition for Writ of Habeas Corpus arguing ineffective assistance of appellate counsel.
• 08/29/85 — Florida Supreme Court denied the Petition.
• 09/08/87 — Downs filed a Petition for Writ of Habeas Corpus and Stay of Execution with the Florida Supreme Court.
• 09/09/87 — Florida Supreme Court granted the Petition, stayed the execution, vacated the death sentence, and remanded for a new sentencing proceeding.
• 02/03/89 — Jury recommended a death sentence by a vote of 8-4.
• 02/17/89 — Downs was resentenced to death.
• 03/29/89 — Downs filed a direct appeal with the Florida Supreme Court after resentencing.
• 09/20/90 — Florida Supreme Court affirmed the conviction and sentence.
• 04/26/91 — Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 10/07/91 — U.S. Supreme Court denied the Petition.
• 11/30/92 — Downs filed a 3.850 Motion with the trial court.
• 03/13/97 — Trial court denied the 3.850 Motion.
• 05/12/97 — Downs filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 05/20/99 — Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 10/18/00 — Downs filed a Petition for Writ of Habeas Corpus alleging twelve claims of ineffective assistance of counsel.
• 09/26/01 — Florida Supreme Court denied the Petition.
• 12/12/01 — Downs filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District.
• 08/09/02 — U.S. District Court administratively closed the case until either FSC ruling on Bottoson/King or Downs’ Ring claims and ineffective assistance claims are decided.
• 03/22/04 — The case was reopened.
• 10/25/04 — U.S. District Court dismissed the petition.
• 05/30/03 — Downs filed a 3.850 Motion with the circuit court.
• 11/18/03 — Circuit court denied the 3.850 Motion.
• 03/01/04 — Downs filed a 3.850 Motion Appeal with the Florida Supreme Court (pending).
• 12/27/04 — Downs filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit (pending).

Background and offence circumstances

Ernest Downs was involved in a murder-for-hire scheme. He was paid $5,000 to kill Forrest Harris.

Ron Garelick was a general life insurance agent and business associate of Forrest Harris. Ron Garelick obtained a $400,000 insurance policy on Harris’ life and named as beneficiary a jointly-owned Garelick-Harris corporation. Garelick knew John Barfield as a business acquaintance and solicited his help in obtaining individuals to kill Harris for the insurance money. Garelick offered Barfield $125,000 from the insurance proceeds as compensation for arranging the murder.

In April 1976, Barfield contacted Gerry Sapp and Huey Palmer, two of his former employees, and offered them $10,000 and $25,000 respectively to kill Harris. They both testified that they refused the offer.

In April 1977, Barfield approached Ernest Downs with an offer of $5,000 to kill Harris. Downs accepted the offer and enlisted the aid of Larry Johnson to carry out the murder.

On 04/23/77, Downs and Johnson lured Harris to a remote location with a fictitious drug deal. When Harris arrived, Downs shot Harris four times in the head with a .25 caliber automatic pistol. After Downs and Johnson dragged the body off into the bushes, Downs fired another shot into Harris’ chest to make sure he was dead.

Trial

Indictment and verdicts

On 08/11/77, Downs was indicted:

• Count I: First-Degree Murder
• Count II: Conspiracy to Commit First-Degree Murder

On 12/16/77, the jury returned guilty verdicts on all counts of the indictment.

Sentencing

On 12/20/77, the jury recommended a death sentence by a vote of 12-0.

On 01/27/78, Downs was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (Conspiracy to Commit First-Degree Murder): 30 years

Codefendants and related disposition

The contract killing was part of a conspiracy that involved four other men, who all had previously failed to kill Harris. Larry Johnson and Huey Palmer received complete immunity from prosecution or had their charges dropped in exchange for testimony. Gerry Sapp accepted a plea bargain and was sentenced to five years imprisonment. Ron Garelick died in a plane crash two days after Harris’ body was discovered.

John Barfield, the originator of the murder conspiracy, had originally been sentenced to death; his sentence was later reduced to life imprisonment.

Appeals

Direct appeal and related petitions

Downs filed a direct appeal with the Florida Supreme Court on 03/02/78, citing fifteen errors. The Florida Supreme Court commented on only one error and found the other alleged errors to be without merit. Downs argued that he was denied an impartial jury because five jurors were improperly excused for cause after indicating they were unable to vote for the death penalty but were able to determine guilt. The Florida Supreme Court rejected this argument and affirmed Downs’ conviction and sentence on 05/22/80.

Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/04/80. The Petition was denied on 11/03/80.

Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/24/80. The Petition was denied without prejudice on 05/19/81 to allow Downs to file a 3.850 Motion with the trial court.

3.850 motion and appeal

Downs filed a 3.850 Motion with the circuit court on 06/21/82. The circuit court denied the motion on 08/12/83.

Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/26/83, raising numerous issues. The Florida Supreme Court chose to comment only on Downs’ claim of ineffective assistance of trial counsel. The Florida Supreme Court found that claim unfounded and on 06/21/84 affirmed the trial court’s denial of the 3.850 Motion.

Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 11/02/84, arguing ineffective assistance of appellate counsel. The Florida Supreme Court found Downs failed to prove ineffective representation and prejudice and denied the Petition on 08/29/85.

Hitchcock-based habeas corpus and resentencing

Downs filed a Petition for Writ of Habeas Corpus and Stay of Execution with the Florida Supreme Court on 09/08/87, arguing that the trial court precluded the jury from considering all mitigating evidence, both statutory and non-statutory, contrary to the U.S. Supreme Court’s ruling in Hitchcock v. Dugger (1987). The Florida Supreme Court agreed with Downs’ argument. On 09/09/87, the Florida Supreme Court granted the Petition, stayed the execution, vacated the death sentence, and remanded the case to the trial court for a new sentencing proceeding.

After remand, a resentencing jury recommended a death sentence by a vote of 8-4, and Downs was resentenced to death on 02/17/89.

Direct appeal after resentencing

After resentencing, Downs filed a direct appeal with the Florida Supreme Court on 03/29/89 citing:

• exclusion of testimony of Downs’ grandmother
• admission of Johnson’s testimony
• exclusion of mitigating circumstances from the jury’s consideration
• quashing Downs’ subpoena to question the prosecutor in the original Direct Appeal about plea bargains given to the other conspirators
• failure to instruct the jury regarding lingering doubt about Downs as the triggerman
• giving the jury a non-statutory aggravating circumstance (future dangerousness)
• not requiring Downs’ presence in court when answering a question during jury deliberations
• lack of discussion about mitigating circumstances in the sentencing order
• disproportionate punishment compared to the other conspirators

On 09/20/90, the Florida Supreme Court affirmed the conviction and sentence.

Supreme Court on 04/26/91, and the Petition was denied on 10/07/91.

Additional 3.850 proceedings

Downs filed a 3.850 Motion with the trial court on 11/30/92; it was denied on 03/13/97.

Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/12/97. The Florida Supreme Court responded only to Downs’ claims regarding public records requests, withheld exculpatory evidence, claims of ineffective assistance of counsel, and vague and invalid aggravating circumstances. On 05/20/99, the Florida Supreme Court affirmed the lower court’s denial of the 3.850 Motion.

Later habeas corpus and federal proceedings

Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/18/00, alleging twelve claims of ineffective assistance of counsel. On 09/26/01, the Florida Supreme Court denied the Petition.

Downs filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 12/12/01. On 08/09/02, the U.S. District Court administratively closed the case until either the Florida Supreme Court ruled on Bottoson/King or Downs’ Ring claims and ineffective assistance claims were decided. On 03/22/04, the case was reopened. On 10/25/04, the U.S.

Additional circuit and appellate filings

Downs filed a 3.850 Motion with the circuit court on 05/30/03; it was denied on 11/18/03.

Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/01/04, which was pending.

Downs filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit on 12/27/04, which was pending.

Outcome

Ernest Downs was sentenced to death on 01/27/78. The Florida Supreme Court later granted a habeas corpus petition, vacated the death sentence, and remanded for a new sentencing proceeding. Downs received a resentencing death sentence on 02/17/89, after a resentencing jury recommended death by a vote of 8-4. The Florida Supreme Court affirmed the conviction and sentence on 09/20/90, and the U.S. Supreme Court denied certiorari on 10/07/91. Further postconviction motions and habeas corpus petitions were denied, and federal habeas relief was dismissed on 10/25/04, with additional appellate filings remaining pending as of 12/27/04.