Franklin Floyd

Case identification

Franklin Floyd was prosecuted for the murder of Cheryl Ann Commesso in Pinellas County, Florida.

Background

In the spring of 1989, Franklin Floyd was living under an alias with his daughter Sharon and her son. Sharon and Cheryl Commesso worked as exotic dancers at a club.

Franklin Floyd was born on 06/17/43. After serving a federal prison sentence for a 1963 bank robbery conviction, Floyd absconded from federal parole in 1973. He was a fugitive at the time of the Commesso murder. Floyd also had a 1995 federal conviction for carjacking and kidnapping, and a 1997 Oklahoma conviction for burglary with intent to assault and assault with a dangerous weapon.

Floyd’s upbringing included being in an orphanage. The sentencing judge gave weight to Floyd’s “joyless” upbringing and his history of personality disorders.

The offence

Shortly after St. Patrick’s Day of 1989, Floyd and Commesso were engaged in a heated argument outside the club, when a coworker of Commesso intervened. Floyd claimed that Commesso was responsible for Sharon’s loss of Medicaid coverage for her son (Floyd’s grandson). The coworker also knew that Floyd had recently struck Commesso and caused a bruise on her face.

Commesso was last seen alive during the first week of April 1989. She left her house with a packed bag and told her relatives that she would see them the following week.

On June 16, 1989, Floyd’s trailer burned down, and Floyd later called the neighbor and asked that his mail be burned.

Investigation

In March of 1995, landscape workers found the skeletal remains of Commesso in an area off Interstate 275 in Pinellas County, Florida. Roots growing in the skeleton indicated her remains had been there for six or seven years.

In March of 1995, the owner of a Kansas auto repair business found a large envelope stuck between the truck bed and the top of the gas tank of a truck he had recently purchased at an auction. In the envelope, he found 97 small and irregularly cropped photos, including many pictures of a woman, beaten and bound, later identified as Commesso.

The truck was traced back to Floyd, who had stolen it in Oklahoma in September 1994, but had abandoned it in Texas the following month. The medical examiner determined that injuries to the cheek of Commesso’s skull were consistent with injuries sustained by Commesso in the pictures recovered from the truck.

Similarities in clothing and jewelry were found between the pictures of Commesso and items found with her remains. One of the pictures of Commesso contained an image of someone else’s thumb. An FBI analyst found that thumb to contain multiple similarities to Floyd’s thumb. Many of the pictures contained images of furniture, a boat, and areas of a trailer, all of which belonged to Floyd.

Investigators also determined that dental records confirmed the remains were Commesso’s.

Arrest and custody

After the disappearance of Commesso and Floyd’s subsequent activities, Floyd was arrested in November 1994 in Louisville, Ky. The principal he kidnapped was found alive in a woods in Oklahoma, and the boy remained missing.

Trial

Indictment and verdict

On 11/12/97, Floyd was indicted on one count of First-Degree Murder. On 09/27/02, a jury returned a guilty verdict on the sole count of the indictment. On 10/01/02, the jury recommended death by a vote of 12-0.

Trial participants

The sentencing judge was “The Honorable Nancy Moate Ley.” Attorney, Trial: Pro Se / Michael Schwartzberg & Richard Watts – Private Attorney. Direct Appeal: Douglas Connor – Assistant Public Defender Attorney. Collateral Appeals: Eric Pinkard & Pro Se – CCRC-M.

Floyd filed a direct appeal with the Florida Supreme Court raising issues including sufficiency of evidence, admission of collateral crime evidence, admission of photographic evidence, admission of expert testimony, improper State closing argument, applicability of Ring v. Arizona, and applicability of the Eighth Amendment.

Quotations and in-court statements

Floyd declared: “I can't speak anything when I'm dead, so I speak it now: I am not guilty,”

When the time came for Pinellas-Pasco Circuit Judge Nancy Moate Ley to read the order sentencing him to death, she took a dim view of his history of such outbursts in court, calling his behavior “deplorable.”

Floyd retorted: “We don't need your mercy, judge,”

At sentencing, Ley said: “Based on the aggravating factors found in this case, it was not surprising the jury found unanimously that (Floyd) should be put to death,”

When the judge finished reading her ruling, the judge asked God to have mercy on Floyd’s soul. Floyd loudly retorted: “We don't need your mercy, judge,”

After the jury convicted him of first-degree murder, Floyd told jurors: “Look me in the face.”

He then pointed to prosecutors and told his attorney, “They framed me.”

After jurors left, he cussed at Pinellas-Pasco Judge Nancy Moate Ley: “I hope you sleep good,”

The judge replied calmly: “Thank you, Mr. Floyd,”

Floyd later denied dumping Commesso's body along Interstate 275 and claimed the FBI doctored photos to frame him.

Sentencing

Floyd was sentenced to death on 11/22/02.

Appeals

On 10/12/05, the Florida Supreme Court affirmed the conviction and sentence.

Floyd filed a 3.851 Motion with the Circuit Court on 06/05/06 that was pending.

Floyd filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 06/06/06 that is pending.

Timeline

• 03/13/89 – 06/16/89 — Date of Offense.
• 11/12/97 — Floyd was indicted on one count of First-Degree Murder.
• 09/27/02 — Jury returned a guilty verdict on the sole count.
• 10/01/02 — Jury recommended death by a vote of 12-0.
• 11/22/02 — Floyd was sentenced to death.
• 01/09/03 — Floyd filed a Direct Appeal with the Florida Supreme Court.
• 10/12/05 — The Florida Supreme Court affirmed the conviction and sentence.
• 06/05/06 — Floyd filed a 3.851 Motion with the Circuit Court.
• 06/06/06 — Floyd filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District.
• 03/1995 — Skeletal remains of Commesso were found off Interstate 275.
• 06/15/1989 — Floyd and Sharon, using assumed names, married in New Orleans.
• 06/16/1989 — Floyd’s trailer burned down.

Outcome

Floyd’s conviction and death sentence were affirmed by the Florida Supreme Court on 10/12/05, and the case continued with pending collateral proceedings.

Other details

Victim identification and related details

Cheryl Ann Commesso was later identified through dental records. Her skeletal remains were found in March 1995, after having been there for six or seven years.

Commesso had been known simply as “Jane Doe I-275” before she was identified.

Other criminal history and related matters mentioned in connection with Floyd

Floyd had a history that included:

• A federal prison sentence for a 1963 bank robbery conviction, with absconding from federal parole in 1973.
• A 1995 federal conviction for carjacking and kidnapping.
• A 1997 Oklahoma conviction for burglary with intent to assault and assault with a dangerous weapon.

A “federal fugitive” description of Floyd was given in relation to earlier events involving Sharon Marshall and Michael’s disappearance.

Family and relationships

Floyd lived under an alias with his daughter Sharon and her son.

Sharon was killed after being struck by a hit-and-run driver, and Floyd was identified as her husband under assumed names. Sharon was described as having been enrolled at Forest Park High School in Clayton County, Ga.