Henry Garcia

Case information

Henry Garcia was sentenced to death on August 19, 1988.

He was indicted on 10/09/85 with the following counts: Count I First-Degree Murder; Count II First-Degree Murder; Count III Sexual Battery; Count IV Armed Burglary.

Garcia was associated with the case as the defendant. The trial attorney was Sandra Jaggard – Private Attorney. The direct appeal attorney was Michael Zelman – Private Attorney. Collateral appeals were handled by William Hennis & Roseanne Eckert – CCRC-S. The sentencing judge was The Honorable Arthur Rothenberg. The case occurred in the Eleventh Judicial Circuit, Dade County (Case # 85-23640-B). The case summary included Supreme Court of Florida opinion 73075 opinion 78411 opinion SC04-866 DC# 113069. Garcia’s date of birth was 09/26/48.

Background

Julia Ballentine, 90, and her sister Mabel Avery, 86, shared a house in the Leisure City area of Homestead, Florida.

The offence

Neighbors became concerned on Monday morning, 01/17/83, when the sisters did not answer their phone. After knocking on the door and windows and receiving no answer, the neighbors discovered that the rear screen door was slashed open. One of the neighbors entered the house and found a body in each of the bedrooms.

Mabel Avery had fourteen stab wounds and nine defensive wounds on her arms and hands. Julia Ballentine had thirty stab wounds and twelve defensive wounds, and was sexually assaulted prior to death.

The medical examiner testified that the murder occurred in the early morning hours of Sunday, 01/16/83.

Garcia was convicted on all counts of the indictment after both the initial trial and the resentencing trial described in the case record.

In the penalty phase of trial, the State presented evidence of Garcia’s prior criminal history, and used this as an aggravating circumstance. Garcia’s prior criminal history included convictions for assault with intent to rob in 1968, bank robbery and use of a dangerous weapon in May of 1972, mutiny at a U.S. penitentiary in January of 1979, and aggravated battery with the use of a deadly weapon on 07/01/83.

Investigation

Feliciano Aguayo, a social and work acquaintance of Henry Garcia, testified that on the evening of 01/15/83, he and Garcia played pool prior to Garcia’s date with a young woman. The woman broke off the date, and Aguayo testified that Garcia was upset and asked Aguayo to drive him to Leisure City.

Aguayo testified that after trying to convince Garcia to go home, Aguayo dropped Garcia off at the Leisure City Lounge.

Around 7:00 a.m. on 01/16/83, Aguayo’s mother testified that she saw Garcia running to her house from the direction of the victims’ house, which was half a mile away. Aguayo and his mother both testified that Garcia was covered with fresh blood.

Garcia explained that he had been walking in a nearby field when he was attacked by two men and a woman, and that he had stabbed the woman in self-defense. Garcia showed Aguayo the knife, which had drying blood on it and was bent at the tip. Aguayo noted that Garcia had no visible injuries, except for a scratch around his eye.

Later that day, Aguayo and his mother drove to the spot where they believed Garcia had been attacked, but could find no signs of a struggle.

One of Garcia’s co-workers, Rufina Perez, testified that she overheard Garcia discussing the murder. According to the conversation, Garcia admitted getting into trouble with some women, but that he did not have to worry about them because the women were “already in hell.” When asked how he committed the crime, Garcia said, “I went through the back door and I ripped out the screen door.”

Trial

First trial

Garcia was indicted as follows on 10/09/85:

• Count I First-Degree Murder
• Count II First-Degree Murder
• Count III Sexual Battery
• Count IV Armed Burglary

On 05/18/88, a jury returned guilty verdicts on all counts of the indictment.

On 06/01/88, a jury recommended a death sentence for each murder by votes of 12-0.

On 08/19/88, Garcia was sentenced as follows:

• Count I First-Degree Murder – Death
• Count II First-Degree Murder – Deat
• Count III Sexual Battery – Life Imprisonment
• Count IV Armed Burglary – Life Imprisonment

Reversal and remand

On 06/14/90, the Supreme Court of Florida (FSC) reversed the convictions, vacated the sentences, and remanded for a new trial.

Resentencing trial

On 05/23/91, a jury returned guilty verdicts on all counts of the indictment.

On 05/28/91, the jury recommended a death sentence for the Ballentine murder by a vote of 12-0 and life imprisonment for the Avery murder.

On 07/10/91, the judge overrode the jury recommendation of life imprisonment and resentenced Garcia to death for both the Ballentine and Avery murders.

Sentencing

In the initial sentencing, Garcia received death sentences for both first-degree murder counts and life imprisonment for sexual battery and armed burglary. In the resentencing, the judge imposed death sentences for both Ballentine and Avery murders after overriding the jury’s recommendation of life imprisonment for one of the murders.

Appeals

Garcia filed a Direct Appeal with the Florida Supreme Court on 09/06/88. His appeal centered on the Circuit Court’s exclusion of payroll records that were argued to be exculpatory evidence and the State’s statement to the jury that the police were unable to find exculpatory evidence because none existed.

Garcia argued that a State witness, Rufina Perez, who claimed to overhear a confession by Garcia, could not have overheard Garcia because Garcia was no longer working with Perez at the time of the alleged confession.

The payroll records, which Garcia alleged could prove the veracity of his statement and impeach the testimony of Perez, were excluded from trial evidence as unreliable and untrustworthy.

The Florida Supreme Court concluded that the payroll records were relevant admissible evidence and the statements by the State about the lack of exculpatory evidence were prejudicial to Garcia’s case and denied him his right to a fair trial.

On 06/14/90, the Florida Supreme Court reversed Garcia’s convictions, vacated his sentences, and remanded the case for a new trial.

After resentencing, Garcia filed a Direct Appeal with the Florida Supreme Court on 08/14/91, citing the following errors:

• denial of motions for judgment of acquittal
• reading some portions of the trial testimony to the jury and failing to read other portions
• allowing the prosecutor to introduce inadmissible and prejudicial hearsay
• prosecutorial misconduct during the trial (primarily, during closing arguments)
• erroneously instructing the jury on the elements of the crimes
• admitting and allowing the use of inflammatory photographs
• allowing the State to prove the falsehood of Garcia’s alibi
• erroneously instructing the jury on circumstantial evidence
• excusing a juror based on inconsistent and inconclusive statements about the death penalty
• the cumulative effect of guilt phase errors mandates reversal
• improper finding of all aggravating circumstances (currently under prison sentence; prior felony conviction; murder committed during a felony; heinous, atrocious or cruel murder)
• failing to find any mitigating circumstances
• overriding the jury recommendation of life imprisonment for one of the murders

On 08/11/94, the Florida Supreme Court affirmed the convictions and sentences.

Garcia filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/23/95. The petition was denied on 04/24/95.

Garcia filed a 3.850 Motion with the Circuit Court on 03/26/97 and amended the motion on 08/01/97. The motion was denied by the Circuit Court on 04/01/04.

Garcia filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/18/04 that was pending before the court.

Garcia filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 07/27/05 that was pending.

Timeline

• 10/09/85 — Indicted on Counts I–IV (First-Degree Murder, First-Degree Murder, Sexual Battery, Armed Burglary).
• 01/15/83 — Aguayo and Garcia played pool; Garcia’s date with a young woman was broken off; Aguayo drove Garcia to Leisure City; Aguayo dropped Garcia off at the Leisure City Lounge.
• 01/16/83 — Early morning hours of Sunday; medical examiner testified murder occurred in early morning hours.
• 01/16/83 — Around 7:00 a.m., Aguayo’s mother saw Garcia running toward her house from the direction of the victims’ house; Aguayo and his mother testified Garcia was covered with fresh blood.
• 01/17/83 — Neighbors became concerned because the sisters did not answer their phone; rear screen door slashed open; bodies found in two bedrooms.
• 05/18/88 — Jury returned guilty verdicts on all counts of the indictment.
• 06/01/88 — Jury recommended a death sentence for each murder by votes of 12-0.
• 08/19/88 — Sentenced: Death for Count I; Death for Count II; Life imprisonment for Count III; Life imprisonment for Count IV.
• 09/06/88 — Garcia filed a Direct Appeal with the Florida Supreme Court.
• 06/14/90 — FSC reversed the convictions, vacated the sentences, and remanded for a new trial.
• 05/23/91 — Jury returned guilty verdicts on all counts of the indictment.
• 05/28/91 — Jury recommended a death sentence for the Ballentine murder by a vote of 12-0 and life imprisonment for the Avery murder.
• 07/10/91 — Judge overrode the jury recommendation of life imprisonment and resentenced Garcia to death for both the Ballentine and Avery murders.
• 08/11/94 — Florida Supreme Court affirmed the convictions and sentences.
• 01/23/95 — Garcia filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 04/24/95 — Petition for Writ of Certiorari denied.
• 03/26/97 — Garcia filed a 3.850 Motion with the Circuit Court.
• 08/01/97 — Garcia amended the 3.850 Motion.
• 04/01/04 — 3.850 Motion denied by the Circuit Court.
• 05/18/04 — Garcia filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 07/27/05 — Garcia filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.

Other details

Garcia admitted getting into trouble with some women and said he did not have to worry about them because the women were “already in hell.” When asked how he committed the crime, Garcia said, “I went through the back door and I ripped out the screen door.”

Garcia showed Aguayo a knife with drying blood on it and bent at the tip. Aguayo testified Garcia had no visible injuries except for a scratch around his eye.

Payroll records were excluded from trial evidence as unreliable and untrustworthy. The Florida Supreme Court concluded the payroll records were relevant admissible evidence and that the State’s statements to the jury about the lack of exculpatory evidence were prejudicial.

Supreme Court that was denied on 04/24/95.

Garcia’s 3.850 Motion Appeal with the Florida Supreme Court and his Petition for Writ of Habeas Corpus with the Florida Supreme Court were pending at the times stated in the case record.