James D. Ford

Case information

James D. Ford was a defendant in a capital case in Florida.

Other details

Ford’s date of birth was 07/23/60. The case was in the Twentieth Judicial Circuit, Charlotte County, under Case # 97-351. The sentencing judge was The Honorable Cynthia Ellis. The trial attorney was Paul Sullivan – Private Attorney. The direct appeal attorney was Robert F. Moeller – Assistant Public Defender. The collateral appeals attorney was Ryan Truskoski – Registry.

The date of the offense was 04/06/97. The date of sentence was 06/03/99. The Florida Supreme Court opinion number was SC95972 and the opinion identifier was SC04-1611. The DC number was 763722.

Timeline

• 04/06/97 — James Ford and Greg Malnory were co-workers at the South Florida Sod Farm in rural Charlotte County; Ford made plans to go fishing on the sod farm with Greg and his wife Kim.
• 04/07/97 — The bodies of Greg and Kim Malnory were found in a field near a pond at the sod farm.
• 04/30/97 — Ford was indicted on Count I, Count II, Count III, and Count IV.
• 03/08/99 — The jury returned guilty verdicts on all counts of the indictment.
• 04/23/99 — The jury recommended a death sentence for each murder count by votes of 11-1.
• 06/03/99 — The court sentenced Ford: death for Count I and Count II; 19 years, 9 months, 15 days for Count III; and 5 years for Count IV.
• 07/01/99 — Ford filed a Direct Appeal with the Florida Supreme Court.
• 09/13/01 — The Florida Supreme Court affirmed the convictions and sentences.
• 03/13/02 — Ford filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 05/28/02 — The U.S. Supreme Court denied Ford’s Petition for Writ of Certiorari.
• 05/28/03 — Ford filed a 3.851 Motion with the Circuit Court.
• 07/12/04 — The Circuit Court denied the 3.851 Motion.
• 08/16/04 — Ford filed a 3.851 Motion Appeal with the Florida Supreme Court that was pending.

The offence

James Ford and Greg Malnory were co-workers at the South Florida Sod Farm in rural Charlotte County. Ford made plans to go fishing on the sod farm with Greg and his wife Kim on 04/06/97.

On 04/07/97, the bodies of Greg and Kim Malnory were found in a field near a pond at the sod farm. The 22-month-old daughter of the Malnorys was found alive, but exposed to the elements, in the Malnory’s truck.

The medical examiner testified that Greg Malnory had been shot in the back of the head with a bullet from a .22 caliber rifle, bludgeoned at least seven times with an axe, and then had his throat slit.

The medical examiner testified that Kim Malnory was raped, then bludgeoned with an axe nine times in the head by Ford, who then put the barrel of the .22 caliber rifle in her mouth and pulled the trigger.

Ford was linked to the crimes by being seen on the same day of the murder with blood on his face, hands, and clothes.

A significant amount of DNA evidence, mostly from the sexual offenses, was found at the crime scene and matched Ford’s DNA. The .22 caliber rifle used in the murders belonged to Ford.

Investigation and prosecution

Ford was indicted on 04/30/97 as follows:

• Count I: First-Degree Murder
• Count II: First-Degree Murder
• Count III: Armed Sexual Battery
• Count IV: Child Abuse

Trial

On 03/08/99, the jury returned guilty verdicts on all counts of the indictment.

On 04/23/99, the jury recommended a death sentence for each count by votes of 11-1.

Sentencing

On 06/03/99, Ford was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (First-Degree Murder): Death
• Count III (Armed Sexual Battery): 19 years, 9 months, 15 days
• Count IV (Child Abuse): 5 years

Appeals

Ford filed a Direct Appeal with the Florida Supreme Court on 07/01/99, citing the following errors:

• improper prosecution comments during the closing arguments of the guilt and penalty phases of trial;
• the correctness of charging Ford with Child Abuse;
• insufficient evidence to support the finding of the cold, calculated, and premeditated murder aggravating circumstance;
• failure to consider all mitigating evidence.

The Florida Supreme Court affirmed the convictions and sentences on 09/13/01.

Ford filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/13/02. The petition was denied on 05/28/02.

Ford filed a 3.851 Motion with the Circuit Court on 05/28/03. The motion was denied on 07/12/04.

Ford filed a 3.851 Motion Appeal with the Florida Supreme Court on 08/16/04 that is pending.

Outcome

Ford was sentenced to death on June 3, 1999. The Florida Supreme Court affirmed the convictions and sentences on 09/13/01, and the U.S. Supreme Court denied the petition for certiorari on 05/28/02.