Kayle Barrington Bates

Case record

Kayle Barrington Bates was convicted of first-degree murder, kidnapping, armed robbery, and attempted sexual battery in connection with the killing of Janet Renee White.

Background

On the afternoon of June 14, 1982, Bates kidnapped the victim, 24-year-old Janet Renee White, from her office. He took her into a wooded area behind the building.

The offence

Bates attempted to rape the victim. He stabbed her to death and removed a diamond ring from one of her fingers. The robbery was carried out in connection with the killing.

Trial

Convictions (as charged in the indictment)

On January 20, 1983, Bates was convicted as follows:

• Count I: First-Degree Murder — Guilty
• Count II: Kidnapping — Guilty
• Count IV: Armed robbery — Guilty
• Attempted Sexual Battery — Guilty

Advisory sentencing recommendation

On January 21, 1983, upon advisory sentencing, the jury recommended the death sentence for the murder conviction by a vote of 11 to 1.

Sentencing

Sentence on March 11, 1983

On March 11, 1983, Bates was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Kidnapping — Life
• Count IV: Armed robbery — Life
• Attempted Sexual Battery — 15 years

Appeals

Bates filed his first direct appeal with the Florida Supreme Court in 1983. In 1985, the court vacated the death sentence and remanded to the trial court for a reweighing of the aggravating circumstances against the mitigating evidence.

On direct appeal, the Florida Supreme Court in 1987 affirmed the sentence. The U.S. Supreme Court denied certiorari the same year.

Governor Martinez signed a death warrant on Bates in September 1989. Bates responded by filing a 3.850 motion with the trial court the following month and a petition for a writ of habeas corpus with the Florida Supreme Court in November 1989.

The trial court stayed the execution and, in its 1990 opinion, held that Bates' counsel had been ineffective during the original sentencing proceeding. The court vacated the sentence and remanded for a new sentencing hearing. The State appealed the ruling to the Florida Supreme Court, and Bates filed a cross-appeal.

In a consolidated 1992 opinion, the Supreme Court denied habeas, and in affirming the trial court’s ruling, remanded for resentencing. The U.S. Supreme Court denied certiorari in 1993.

Resentencing

Resentencing to death on July 22, 1985

On July 22, 1985, Defendant was resentenced to death.

Advisory sentencing and recommendation before resentencing to death on July 25, 1995

On May 25, 1995, upon advisory sentencing, the jury recommended the death sentence by a vote of 9 to 3.

Resentencing to death on July 25, 1995

On July 25, 1995, Defendant was sentenced to death.

Outcome

In 1999, after Bates filed a direct appeal to the Florida Supreme Court in 1995, the court affirmed the sentence. The U.S. Supreme Court denied certiorari in 2000.

In 2001, Bates filed a 3.850 motion in the trial court, and that motion was pending.

Timeline

• 06/14/82 — Bates abducted 24-year-old Janet Renee White from her office, took her into a wooded area behind the building, attempted to rape her, stabbed her to death, and removed a diamond ring from one of her fingers
• 01/20/83 — Bates was convicted as follows: Count I First-Degree Murder (Guilty), Count II Kidnapping (Guilty), Count IV Armed robbery (Guilty), Attempted Sexual Battery (Guilty)
• 01/21/83 — Advisory sentencing: jury recommended death for the murder conviction by a vote of 11 to 1
• 03/11/83 — Sentenced: Count I First-Degree Murder (Death); Count II Kidnapping (Life); Count IV Armed robbery (Life); Attempted Sexual Battery (15 years)
• 07/22/85 — Resentenced to death
• 05/25/95 — Advisory sentencing: jury recommended the death sentence by a vote of 9 to 3
• 07/25/95 — Sentenced to death

Other details

Case information

• Supreme Court of Florida opinion 67422; opinion 74972; opinion 86180; SC07-611; DC# 088568
• Date of birth: 02/19/58
• Fourteenth Judicial Circuit, Bay County
• Case #82-661

Judges

• Sentencing Judge: The Honorable W. Fred Turner
• Resentencing Judge: The Honorable W. Fred Turner
• Resentencing II Judge: The Honorable Donald T. Sirmons

Attorneys

• Attorney, Trial: Theodore R. Bowers, Esq. — Private Attorney
• Attorneys, Resentencing: David A. Davis — Assistant Public Defender
• Attorneys, Resentencing II: Thomas H. Dunn, Esq. & Harold Richman, Esq. — Private Attorney
• Direct Appeal: David A. Davis — Assistant Public Defender Attorney
• Direct Appeal Resentencing II: Thomas Dunn, Esq. — Private Attorneys
• Collateral Appeals: Terri Backhus & Suzanne Keffer — CCRC-S

Execution-related actions described

• The trial court stayed the execution after Bates filed a 3.850 motion and a petition for a writ of habeas corpus.