Charles Finney

Case record: Charles Finney

Timeline

• 01/16/91 — Sandra Sutherland’s body was discovered on the bed of her apartment around 2:00 p.m.; she had been gagged, bound, and stabbed thirteen times in the back, with all but one wound penetrating the lungs.
• 01/29/91 — Charles W. Finney raped, robbed, and kidnapped a gift shop owner.
• 02/16/91 — Charles W. Finney was indicted: Count I First-Degree Murder; Count II Armed Robbery; Count III Sexual Battery; Count IV Dealing in Stolen Property.
• 07/20/92 — The state convicted Charles W. Finney of the crimes.
• 07/20/92 — A state sentence record indicated: on 07/20/92, Finney was convicted of the crimes, and on 11/10/92 he was sentenced in Case # 91-1612.
• 09/14/92 — The state nolle prossed Count III of the indictment.
• 09/17/92 — A jury returned guilty verdicts on all counts of the indictment.
• 09/18/92 — The jury recommended death by a vote of 9-3.
• 11/10/92 — Charles W. Finney was sentenced in Case # 91-1612: Count I First-Degree Murder—Death; Count II Armed Robbery—Life Imprisonment; Count IV Dealing in Stolen Property—15 years.
• 12/31/92 — Charles W. Finney filed a Direct Appeal with the Florida Supreme Court.
• 07/20/95 — The Florida Supreme Court affirmed the convictions and sentences.
• 12/04/95 — Charles W. Finney filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 01/22/96 — The U.S. Supreme Court denied the Petition for Writ of Certiorari.
• 03/31/97 — Charles W. Finney filed a 3.850 Motion with the Circuit Court.
• 05/04/00 — The Circuit Court denied the 3.850 Motion.
• 06/22/00 — Charles W. Finney filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 09/26/02 — The Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion.
• 02/19/01 — Charles W. Finney filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 09/26/02 — The Florida Supreme Court denied the Petition.
• 01/24/03 — Charles W. Finney filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District; it was pending.
• 07/11/03 — Charles W.
• 03/16/04 — The Circuit Court denied the 3.850 Motion.
• 05/21/04 — Charles W.
• 05/06/05 — The Florida Supreme Court denied the 3.850 Motion Appeal.

Case information

Charles Finney (Charles W. Finney) was born 01/05/54. He was associated with the Thirteenth Judicial Circuit, Hillsborough County, Case # 91-1611. The sentencing judge was The Honorable Susan Sexton.

The trial attorneys were Barbara Pittman and Richard Escobar – Special Assistant Public Defender. The direct appeal attorney was Steven Bolotin – Assistant Public Defender. Collateral appeals included James Viggiano – CCRC-M and Pamela Izakowitz – Registry.

The case citation included Florida Supreme Court opinion 80990 opinion SC00-1351 DC# 516349.

Background

Finney had prior incarceration history in the State of Florida. Prior to the murder, Finney was sentenced to two years of community supervision for a 1990 Cocaine Possession charge.

Finney was a neighbor of Sandra Sutherland, until she moved to a different apartment in the same complex eight months prior to the murder.

The offence

Discovery and condition of victim

The body of Sandra Sutherland was discovered on the bed of her apartment around 2:00 p.m. on 01/16/91. Sutherland had been gagged, bound, and stabbed thirteen times in the back, with all but one wound penetrating the lungs.

Sutherland’s bedroom had been ransacked. The contents of her purse had been dumped on the floor. Her VCR was missing.

Fingerprints and pawn shop link

Numerous fingerprints were gathered from the apartment, including prints from a piece of paper and from a jar of face cream found in the bedroom.

The VCR was located at a local pawn shop. Fingerprints found at the apartment and on the VCR matched a fingerprint on a pawn shop ticket for Charles W. Finney, who had pawned the VCR for a $30 loan.

Finney’s account to police

When questioned by police about his whereabouts on the day of the murder, Finney told police that he was home sick and never left his apartment. When police confronted Finney with the fact that he had pawned Sutherland’s VCR, he told police that he was taking out his garbage, found the VCR, and pawned it for cash.

Relationship and claimed prior contact

Finney testified that Sutherland contacted him about screening in her patio at her new apartment. He testified that he had been in Sutherland’s apartment to help her move boxes in the apartment.

Investigation

Finney.

Arrest

No arrest date or arrest narrative was provided.

Trial

Indictment and prosecution changes

On 02/16/91, Finney was indicted as follows:

• Count I First-Degree Murder
• Count II Armed Robbery
• Count III Sexual Battery
• Count IV Dealing in Stolen Property

On 09/14/92, the state nolle prossed Count III of the indictment.

Verdicts

On 09/17/92, a jury returned guilty verdicts on all counts of the indictment.

Recommendation for death

On 09/18/92, the jury recommended death by a vote of 9-3.

Sentencing

On 11/10/92, Finney was sentenced as follows:

• Count I First-Degree Murder – Death
• Count II Armed Robbery – Life Imprisonment
• Count IV Dealing in Stolen Property – 15 years

Appeals

Direct appeal (Florida Supreme Court)

Finney filed a Direct Appeal with the Florida Supreme Court on 12/31/92, citing errors including:

• insufficient evidence to support convictions and the use of pecuniary gain as an aggravator
• excluding evidence that the bondage was of a consensual and sexual nature
• denying a defense request that Finney’s shackles be removed during the penalty phase
• allowing the testimony and prohibiting cross-examination of the victim of the robbery and rape perpetrated two weeks after the Sutherland murder
• denying the request for jury instructions on the specific nonstatutory mitigating circumstances
• instructing and finding three aggravating factors

On 07/20/95, the Florida Supreme Court affirmed the convictions and sentences.

U.S. Supreme Court

Supreme Court on 12/04/95; the Petition was denied on 01/22/96.

3.850 motions and appeals (Circuit Court and Florida Supreme Court)

Finney filed a 3.850 Motion with the Circuit Court on 03/31/97; it was denied on 05/04/00.

Finney filed a 3.850 Motion Appeal with the Florida Supreme Court on 06/22/00, citing claims of ineffective assistance of counsel. On 09/26/02, the Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion.

Finney filed a 3.850 Motion with the Circuit Court on 07/11/03; it was denied on 03/16/04.

Finney filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/21/04; it was denied on 05/06/05.

Habeas corpus petitions (Florida Supreme Court and U.S. District Court)

Finney filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 02/19/01, citing claims of ineffective assistance of counsel. The Florida Supreme Court denied the Petition on 09/26/02.

District Court, Middle District, on 01/24/03; it was pending.

Outcome

Finney was convicted on 09/17/92 and received a sentence of Death for Count I First-Degree Murder on 11/10/92. The jury recommended death by 9-3 on 09/18/92. The Florida Supreme Court affirmed the convictions and sentences on 07/20/95.

Other details

Separate case mentioned in the record

The record referred to Case # 91-1612 in connection with Finney’s