James Belcher

Case information

James Belcher was sentenced to death for the murder of Jennifer Embry on 01/08/96. The case was in the Fourth Judicial Circuit, Duval County, Case #99-1156.

Timeline

• 01/08/96 — James Belcher entered the townhouse of Jennifer Embry; there were no signs of forced entry; Belcher sexually battered and killed Embry; he strangled her by placing his hands around her neck and holding her head underneath the water in the bathtub; at the time, Belcher lived near Florida Technical College, where Embry took classes.
• 02/25/99 — The defendant was indicted on: Count I: First-Degree Murder; Count II: Sexual Battery.
• 02/26/99 — Belcher entered a plea of “not guilty.”
• 03/30/01 — The defendant was found guilty of both counts charged in the indictment.
• 04/11/01 — Upon advisory sentencing, the jury voted for the imposition of the death penalty by a 9 to 3 majority.
• 05/17/01 — Belcher was sentenced: Count I: First-Degree Murder — Death; Count II: Sexual Battery — 25 years.
• 06/25/01 — Belcher filed a Direct Appeal in the Florida Supreme Court.
• 07/10/03 — The Florida Supreme Court affirmed Belcher’s conviction and sentence of death.
• 09/17/03 — Belcher filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 12/01/03 — The United States Supreme Court denied the Petition for Writ of Certiorari.
• 11/12/04 — Belcher filed a 3.851 Motion in the Circuit Court.
• 08/25/05 — The 3.851 Motion in the Circuit Court was denied.
• 09/23/05 — Belcher filed a 3.851 Motion Appeal with the Florida Supreme Court that is pending.
• 05/03/06 — Belcher filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that is pending.

The offence

On the evening of 01/08/96, James Belcher entered the townhouse of Jennifer Embry. There were no signs of forced entry. Belcher sexually battered and killed Embry. He strangled her by placing his hands around her neck and holding her head underneath the water in the bathtub.

At the time of the murder, Belcher lived near Florida Technical College, where Embry took classes.

Investigation

After obtaining a warrant for a sample of Belcher’s blood, DNA tests revealed that the semen found inside Embry and on a slipper in her bathroom matched Belcher’s DNA profile.

Evidence and witnesses

A friend of Embry’s and an employee of the college testified that they had seen Belcher and Embry talking on different occasions.

Trial

Indictment

On 02/25/99, the defendant was indicted on the following counts:

• Count I: First-Degree Murder
• Count II: Sexual Battery

Plea

On 02/26/99, Belcher entered a plea of “not guilty.”

Verdict

On 03/30/01, the defendant was found guilty of both counts charged in the indictment.

Sentencing recommendation

On 04/11/01, upon advisory sentencing, the jury voted for the imposition of the death penalty by a 9 to 3 majority.

Sentencing

On 05/17/01, the defendant was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Sexual Battery — 25 years

The sentencing judge was The Honorable Peter L. Dearing. Attorneys included A. Chipperfield & L. Buzzell—Assistant Public Defenders. The direct appeal attorney was W.C. McClain—Assistant Public Defender. Collateral appeals were handled by Christopher Anderson—Registry.

Appeals

Florida Supreme Court (Direct Appeal)

Belcher filed a Direct Appeal in the Florida Supreme Court on 06/25/01.

In his appeal, he argued that the trial court erred in denying his motion for mistrial based on an objection made regarding the prosecutor’s closing arguments. The Florida Supreme Court agreed that the prosecutor’s comments were objectionable, but found the error to be harmless.

Belcher also argued that the trial court erred in the application of the heinous, atrocious and cruel (HAC) aggravating factor and in refusing to read his requested jury instruction. Belcher also raised issues concerning the constitutionality and proportionality of his death sentence.

The Florida Supreme Court affirmed his conviction and sentence of death on 07/10/03.

United States Supreme Court

Belcher filed a Petition for Writ of Certiorari in the United States Supreme Court on 09/17/03. The petition was denied on 12/01/03.

3.851 Motion (Circuit Court)

Belcher filed a 3.851 Motion in the Circuit Court on 11/12/04. The motion was denied on 08/25/05.

3.851 Motion Appeal (Florida Supreme Court)

Belcher filed a 3.851 Motion Appeal with the Florida Supreme Court on 09/23/05 that is pending.

Petition for Writ of Habeas Corpus (Florida Supreme Court)

Belcher filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 05/03/06 that is pending.

Other details

• Date of birth: 07/01/59
• Date of offense: 01/08/96
• Registry date: 286173
• Supreme Court of Florida opinion references: SC01-1414 and SC05-1732
• Direct appeal: W.C. McClain — Assistant Public Defender
• Collateral appeals: Christopher Anderson — Registry