Burley Gilliam

Case record: Burley Gilliam

Background

Burley Gilliam, Jr. was born on 08/13/48. Joyce Marlowe was last seen alive on the evening of 06/08/82, in the company of Burley Gilliam, Jr. Marlowe was a dancer at a strip club where Gilliam went that evening, and she later left the club with him.

The offence

On the evening of 06/08/82, Sandy Burroughs was fishing on Twin Lakes when he heard a woman screaming. When he went to investigate the commotion, Burroughs found Gilliam’s truck stuck in the sand, and a “very, very nervous” Gilliam, who kept saying, “I got to get out of here.”

Gilliam’s truck did not start after being extracted from the sand, so it was towed to a nearby garage for repairs. The next day, Burroughs noticed that the lake area where he had found Gilliam was roped off, and when he inquired as to why, police told him that a woman had been raped and murdered there.

Gilliam told police that he and Marlowe were swimming in the lake, when he had accidentally dunked Marlowe under the water for too long, drowning her. Gilliam also claimed to have unsuccessfully attempted to resuscitate Marlowe.

At trial, Gilliam employed an insanity defense, arguing that he committed the rape and murder during an epileptic seizure. In an effort to substantiate the claim, several of Gilliam’s family members testified to what they believed to be a history of seizures by Gilliam. Further, a doctor testified that Gilliam’s seizures left him unable to understand the nature and consequences of his actions at the lake, and Gilliam testified that he had no recollection of the events at the lake.

Investigation

When Burroughs inquired after the next day roping-off of the lake area, police told him that a woman had been raped and murdered there.

Trial

During Gilliam’s original trial, he dismissed appointed counsel and was eventually allowed to proceed pro se, with the assistance of standby counsel. Standby counsel were Stuart Adelstein and William Surowiec (private attorney).

Trial summary:

• 07/08/82 — Indicted on the following charges:

  • Count I First-Degree Murder
  • Count II Sexual Battery
  • Count III Grand Theft

• 02/01/85 — Jury returned guilty verdicts on Counts I and II of the indictment and a not guilty verdict on Count III of the indictment.

  • Jury recommended a death sentence by a vote of 12-0.
  • Sentenced as follows:
    • Count I First-Degree Murder — Death
    • Count II Sexual Battery — Life Imprisonment

Sentencing

Gilliam was sentenced on 02/01/85 to death on Count I and life imprisonment on Count II. After reversal and retrial, Gilliam was resentenced to death on 08/16/88 and received the same life imprisonment sentence on Count II.

Appeals

Florida Supreme Court (reversal and remand)

Gilliam filed a Direct Appeal with the Florida Supreme Court on 04/11/85, citing the following errors: denial of a right to challenge prospective jurors, failure to hold a competency hearing, failure to suppress evidence from a search, failure to suppress his confession, and failure to strike the medical examiner’s testimony.

On 11/05/87, the FSC found that the denial of Gilliam’s right to challenge prospective jurors constituted reversible error. Gilliam’s convictions and sentences were reversed, and the case was remanded to the court for a new trial.

Retrial outcomes

On 06/17/88, a new trial proceeded, and a jury returned guilty verdicts on Counts I and II of the indictment. On 06/20/88, the jury recommended a death sentence by a vote of 12-0.

Florida Supreme Court (affirmation)

Gilliam was resentenced to death on 08/16/88. Gilliam filed a Direct Appeal with the Florida Supreme Court on 10/07/88, citing the following errors: denial of a motion to recuse the trial judge; denial of request for post-verdict juror interviews; improper finding of the heinous, atrocious, or cruel murder aggravating circumstance; inclusion of hearsay evidence; failure to enumerate statutory mitigating evidence in the trial judge’s sentencing order; and imposing a more serious sentence during resentencing.

On 05/02/91, the FSC affirmed Gilliam’s convictions and sentences.

Post-conviction proceedings

Gilliam filed a 3.850 Motion with the Circuit Court on 02/25/93 that was denied in part on 10/13/95. The court denied all claims except Gilliam’s ineffective assistance of counsel claim and ordered an evidentiary hearing to be held. On 01/14/97, the court denied the remaining claim of the Motion.

Gilliam filed a 3.850 Motion Appeal on 04/19/99 and a Petition for Writ of Habeas Corpus on 07/06/00, both with the Florida Supreme Court. In the 3.850 Appeal, Gilliam raised twenty-two issues, and in the Petition for Writ of Habeas Corpus, Gilliam raised four issues dealing with ineffective assistance of counsel.

On 02/07/02, the FSC affirmed the denial of the 3.850 Motion and denied the Petition for Writ of Habeas Corpus. Gilliam filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/23/03, raising Ring issues. On 05/04/04, the FSC denied the Petition.

Gilliam filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 06/24/03 that was denied on 10/28/05. Gilliam filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, on 11/23/05 that is pending.

Other details

• Retrial attorney: Ed Koch — Assistant Public Defender
• Direct Appeal (after retrial): Robin H. Greene — Private Attorney
• Direct Appeal: Sharon B. Jacobs — Private Attorney
• Collateral Appeals: Todd Scher — Registry
• Sentencing Judge: The Honorable Theodore G. Mastos
• Date of offence: 06/08/82
• Date of sentence: 02/01/85
• Date of resentencing: 08/16/88
• Eleventh Judicial Circuit, Dade County
• Case # 82-14766
• DC# 097234