Leonardo Franqui

Case record — Leonardo Franqui

Background

Leonardo Franqui was born on 09/26/70. He was an Italian national. The case involved the robbery of Kislak National Bank in North Miami, Florida, and it resulted in the killing of robbery victims.

Franqui had prior incarceration history in the State of Florida:

• On 10/15/92, he was sentenced to five year terms for crimes committed on 11/29/91 (Case Number 92-6346): Aggravated Assault With a Weapon, Attempted Armed Robbery, and Grand Theft.
• On 10/15/92, he was sentenced to twenty-two year terms for crimes committed on 01/14/92 (Case Number 92-1680): Kidnapping and Armed Robbery.
• On 11/23/93, he was sentenced for crimes committed on 12/06/91 (Case Number 92-6089B): First-Degree Murder (Death), Attempted First-Degree Murder (2 terms of Life Imprisonment), Attempted Armed Robbery (15 years), Grand Theft (2 terms of 5 years), Unlawful Possession of a Firearm in a Crime (5 years).

The offence

On 01/03/92, Leonardo Franqui, along with codefendants Ricardo Gonzalez, Pablo San Martin, and two other associates, robbed the Kislak National Bank in North Miami, Florida. During the robbery, a cash box was taken from one of the drive-thru tellers, and a security guard was shot and killed during the robbery.

Investigation

On 01/18/92, Gonzalez was stopped by police and confessed to the crime, implicating Franqui in the robbery. Pablo San Martin also confessed to the robbery. On 01/18/92, Franqui was questioned by police and confessed to the crime.

Trial

On 02/14/92, Franqui was indicted as follows:

• Count I — First-Degree Murder
• Count II — Armed Robbery
• Count III — Aggravated Assault
• Count IV — Aggravated Assault
• Count V — Possession of a Firearm During a Criminal Offense
• Count VI — Grand Theft
• Count VII — Burglary
• Count VIII — Grand Theft
• Count IX — Burglary

On 06/02/94, the jury returned guilty verdicts on all counts.

On 09/23/94, the jury recommended a death sentence by a 9-3 vote.

On 10/11/94, Franqui was sentenced as follows:

• Count I — First-Degree Murder — Death
• Count II — Armed Robbery — Life Imprisonment
• Count IV, VI, VII, IX — 5 years each

Sentencing

On 07/03/97, the Florida Supreme Court (FSC) vacated the death sentence and remanded for resentencing.

On 08/31/98, the jury recommended a death sentence by a 10-2 vote.

On 09/18/98, Franqui was resentenced to death.

Appeals

On 11/14/94, Franqui filed a Direct Appeal with the Florida Supreme Court, citing the following errors:

• denial of peremptory challenges of jurors
• granting the State’s peremptory challenge of a juror
• denial of severance motion
• admission of State comments
• sentencing Franqui to death

On 07/03/97, the FSC affirmed the convictions, but vacated the death sentence and ordered Franqui to be resentenced, finding that Franqui was not allowed to confront Gonzalez about his confession.

On 01/05/98, Franqui filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 04/27/98.

On 01/16/98, the State filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 03/23/98.

On 11/09/98, Franqui filed a Direct Appeal with the Florida Supreme Court, citing the following errors:

• excusing two jurors for cause
• improper jury instructions regarding aggravating and mitigating circumstances
• overruling defense objections to the State’s closing argument
• refusal to instruct the jury that it could consider the life sentences given to co-defendants as mitigating evidence
• failure to find and weigh all mitigating circumstances
• disproportionate punishment compared to other cases

On 10/18/01, the FSC affirmed the death sentence.

On 01/08/03, Franqui filed a shell 3.850 Motion with the Circuit Court, supplemented on 04/17/03.

On 11/09/04, the Motion was denied by the Circuit Court.

On 12/21/04, Franqui filed a 3.851 Motion Appeal with the Florida Supreme Court that was pending.

On 01/05/06, Franqui filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that was pending.

Codefendant information

Ricardo Gonzalez:

• Gonzalez was convicted and sentenced to death.
• On 09/18/97, his convictions were affirmed by the FSC, but his death sentence was vacated, and the case was remanded for a new penalty phase hearing.
• Gonzalez was resentenced to death on 09/18/98.
• His death sentence was affirmed by the FSC on 05/10/01.

Pablo San Martin:

• San Martin was convicted and sentenced to death.
• The judge in the case overrode the jury recommendation of life imprisonment and sentenced San Martin to death.
• On 06/11/98, his convictions were affirmed by the FSC, but his death sentence was vacated, and the trial court was ordered to sentence San Martin to life imprisonment.

Other details

• Case number: 92-2141B.
• Court: Eleventh Judicial Circuit, Dade County.
• Sentencing judge: The Honorable Rodolfo Sorondo, Jr.
• Attorney, Trial: Eric Cohen — Private Attorney.
• Direct Appeal: Eric Cohen — Private Attorney.
• Collateral Appeals: Mary Bonner — Registry.
• Date of offence: 01/03/92.
• Date of sentence: 10/11/94.
• Date of resententence: 09/18/98.
• Disposition included that he was condemned on one count in 1993 and condemned on second count with three life terms + 80 years on lesser charges in 1994.
• Federal and state procedural milestones included:
  • Petition for Writ of Certiorari by Franqui denied on 04/27/98.
  • State Petition for Writ of Certiorari denied on 03/23/98.

Timeline

• 01/03/92 — Leonardo Franqui and codefendants robbed the Kislak National Bank in North Miami, Florida; a cash box was taken and a security guard was shot and killed during the robbery.
• 01/18/92 — Ricardo Gonzalez confessed after being stopped by police, implicating Franqui; Pablo San Martin also confessed; Franqui was questioned by police and confessed.
• 02/14/92 — Franqui was indicted on multiple counts including First-Degree Murder, Armed Robbery, Aggravated Assault, firearm possession, Grand Theft, and Burglary.
• 06/02/94 — Jury returned guilty verdicts on all counts.
• 09/23/94 — Jury recommended death by a 9-3 vote.
• 10/11/94 — Franqui was sentenced: death on Count I; life imprisonment on Count II; 5 years each on Counts IV, VI, VII, IX.
• 07/03/97 — FSC vacated the death sentence and remanded for resentencing while affirming the convictions.
• 08/31/98 — Jury recommended death by a 10-2 vote at resentencing.
• 09/18/98 — Franqui was resentenced to death.
• 10/18/01 — FSC affirmed the death sentence.
• 01/08/03 — Franqui filed a shell 3.850 Motion with the Circuit Court, supplemented on 04/17/03.
• 11/09/04 — Motion was denied by the Circuit Court.
• 12/21/04 — Franqui filed a 3.851 Motion Appeal with the Florida Supreme Court, pending.
• 01/05/06 — Franqui filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, pending.