Marshall Lee Gore

Case overview

Marshall Lee Gore (also known as Mars; W/M; DC# 401256; DOB: 08/17/63) was sentenced to death and later executed in Florida. His case included convictions for first-degree murder, kidnapping, and armed robbery, with later reversals, retrial, resentencing, and multiple post-conviction proceedings in Florida and federal courts.

Timeline

• 01/30/88 — Susan Roark was last seen alive in Cleveland, Tennessee, in the presence of Marshall Lee Gore.
• 01/31/88 — Gore arrived in Tampa, driving a black Ford Mustang.
• 01/31/88 — Susan Roark’s skeletonized remains were found in Columbia County, Florida.
• 01/31/88 — Gore was awaiting a friend to pick him up and travel to Florida.
• 04/02/88 — The skeletonized remains of Susan Roark were found in Columbia County, Florida.
• 04/03/90 — Gore was sentenced.
• 05/04/90 — Florida Supreme Court direct appeal was noted (FSC# 75,955 599 So. 2d 978).
• 07/28/89 — Gore was indicted on Count I (First-Degree Murder), Count II (Kidnapping), and Count III (Armed Robbery).
• 03/10/88 — Dates of offense were listed as 03/10/88.
• 03/11/88 — Witnesses at the Redlands Tavern saw Robyn Novick get into a yellow Corvette and leave the bar, in the company of a man later identified in photographic lineups as Marshall Gore.
• 03/12/88 — Gore came to the house of David Restrepo driving a yellow Corvette with “Robyn N” on the license plate.
• 03/14/88 — Gore had a sentence of life imprisonment for the 03/14/88 kidnapping, sexual battery, and attempted murder of Tina Corolis (Dade County Case# 88-9827).
• 03/16/88 — Police found a blue tarp that covered the body of a white female identified through dental records as Robyn Novick.
• 03/21/90 — Gore was indicted (Count I First-Degree Murder; Count II Armed Robbery).
• 04/16/92 — Florida Supreme Court affirmed convictions and sentences (direct appeal).
• 05/03/94 — Circuit Court 3.850 motion was filed (CC# 88-607).
• 06/04/01 — Circuit Court denied the 3.850 motion.
• 10/01/98 — Florida Supreme Court vacated/reversed convictions and sentences and remanded for retrial.
• 02/12/99 — Jury returned guilty verdicts on all counts of the indictment.
• 03/16/99 — Jury recommended death by a vote of 12-0.
• 04/19/99 — Sentenced as follows: Count I First-Degree Murder – Death; Count II Armed Robbery – Life Imprisonment.
• 05/19/03 — Mandate issued (Florida Supreme Court related to 3.850).
• 07/06/92 — Rehearing denied.
• 08/05/92 — Mandate issued (Florida Supreme Court related to direct appeal).
• 09/21/92 — Petition for Writ of Certiorari filed in the U.S. Supreme Court (USSC# 92-5955).
• 11/30/92 — U.S. Supreme Court denied the petition.
• 03/27/02 — Petition for Writ of Habeas Corpus filed with Florida Supreme Court (FSC# 02-684).
• 04/17/03 — Florida Supreme Court denied the petition.
• 05/19/03 — Mandate issued.
• 10/09/02 — U.S. District Court Middle District pro se Petition for Writ of Habeas Corpus was filed (USDC# 02-942).
• 10/10/02 — U.S. District Court denied the petition without prejudice to allow completion of state proceedings.
• 09/29/03 — Petition for Writ of Habeas Corpus filed (USDC# 03-474).
• 04/22/05 — Petition amended.
• 01/31/06 — U.S. District Court denied the petition.
• 03/01/06 — Petition filed in U.S. Court of Appeals, 11th Circuit (USCA# 06-11522).
• 07/20/07 — Lower court decision affirmed.
• 09/05/07 — Mandate issued.
• 04/12/07 — Gore filed a pro se 3.853 appeal with Florida Supreme Court (FSC# 07-678).
• 06/08/10 — Florida Supreme Court affirmed denial of 3.853 motion.
• 05/20/10 — Mandate issued.
• 11/16/07 — Petition for Writ of Certiorari filed in the U.S. Supreme Court (USSC# 07-7796).
• 02/19/08 — U.S.
• 07/01/08 — Gore filed a 3.850 motion appeal in Florida Supreme Court (FSC# 08-1261).
• 10/28/08 — Appeal stricken and dismissed.
• 06/30/95 — Sentenced on the 1995 trial as follows: Count I First-Degree Murder – Death; Count II Armed Robbery – Life Imprisonment.
• 05/05/95 — Jury returned guilty verdicts on all counts of the indictment.
• 05/06/95 — Jury recommended death by a vote of 11-1.
• 10/25/98 — Mandate issued after reversal.
• 04/19/01 — Florida Supreme Court affirmed convictions and sentences (after retrial).
• 05/18/01 — Mandate issued.
• 06/18/02 — Gore filed a 3.850 Shell Motion with the Circuit Court (CC# 90-11445).
• 08/27/02 — Circuit Court granted State motion to strike 3.850 Shell Motion.
• 10/21/02 — Florida Supreme Court ordered Gore to file an amended 3.850 Motion in the Circuit Court within 60 days.
• 03/10/03 — Florida Supreme Court ordered filing of amended 3.850 motion.
• 06/01/04 — Circuit Court motion filed; later denied on 09/13/05.
• 09/13/05 — Circuit Court denied the 3.850 motion (CC# 90-11445).
• 05/31/05 — Florida Supreme Court petition for writ of habeas corpus was filed (FSC# 05-1168).
• 09/23/05 — Florida Supreme Court denied petition without an opinion.
• 10/10/05 — Gore filed a 3.850 motion appeal with Florida Supreme Court (FSC# 05-1848).
• 06/25/09 — Appeal denied.
• 12/10/09 — Rehearing denied.
• 12/31/09 — Mandate issued.
• 12/06/08 — U.S. Supreme Court petition for writ of certiorari filed (USSC# 08-7871).
• 02/23/09 — U.S.
• 10/01/2013 — Gore was executed by lethal injection; the state pronounced him dead at 6:12 p.m.
• June 24 (year not provided) — Gore was originally scheduled to die, but a federal 11th Circuit Court of Appeals ordered a stay an hour before the set time.
• June 28 (year not provided) — A federal appeals court lifted the stay.
• July 10 (year not provided) — Gov. Rick Scott rescheduled the execution.
• Sept. 10 (year not provided) — Execution rescheduled and postponed a third time at the request of Attorney General Pam Bondi.
• Oct. 15 (year not provided) — Next execution was scheduled.

People

• Marshall Lee Gore — defendant.
• Robyn Novick (also “Robyn Gale Novick”) — victim; a 30-year-old exotic dancer.
• Susan Marie Roark — victim; last seen alive on 01/30/88 in Cleveland, Tennessee, in the presence of Gore.
• Tina Corolis — victim; Gore was convicted of attempting to murder Tina Corolis and kidnapping Corolis’ 2-year-old son.
• Corolis’ 2-year-old son — child victim mentioned as kidnapped.
• Pamela Novick — Robyn Novick’s sister.
• Phyllis Novick — Robyn Novick’s mother.
• Alvin Novick — Pamela Novick’s father (Phyllis Novick’s spouse).
• David Ovalle — journalist (MiamiHerald.com) associated with coverage.
• Jeff Schweers — journalist (Gainesville.com) associated with coverage.
• Dave Simmons — retired Miami-Dade Detective; investigated Gore’s slew of rapes.
• Neal Nydam — retired Columbia County Sheriff’s Lt.; investigated the Roark murder and attended the execution.
• Bob Dekle — retired Columbia prosecutor; attended the execution.
• Flora Seff — former Miami-Dade prosecutor; witnessed the execution.
• Mark Elliott — associated with “Floridians for an Alternative to the Death Penalty.”
• Lisa Ingram — witness who testified about seeing a woman’s purse in the back seat.
• David Restrepo — witness mentioned as the house Gore came to, driving a yellow Corvette with “Robyn N” on the license plate.
• Jimmy Hunt — Assistant Public Defender (attorney, trial).
• W.C. McLain — Assistant Public Defender (direct appeal).
• Frank Tassone, Jr. — registry attorney (collateral appeals).
• Anthony Genova — Special Assistant Public Defender (attorney, trial).
• Guillermo Pena — Special Assistant Public Defender (attorney, trial).
• John Lipinski — Special Assistant Public Defender (attorney, trial).
• John Lipinski — Private attorney (1998 direct appeal).
• Maria Lipinski — Private attorney (1998 direct appeal).
• Anthony Genova — Private attorney (1998 direct appeal).
• William Norris — Private attorney (2001 direct appeal).
• Steven Hammer — registry attorney (collateral appeals).
• Thomas Carney — sentencing judge (Eleventh Judicial Circuit, Dade County Case # 90-11445).
• E. Vernon Douglas — sentencing judge (Third Judicial Circuit, Columbia County Case # 88-607).
• Leslie Rothenberg — resentencing judge.
• Pam Bondi — Florida Attorney General.
• Rick Scott — Governor.
• Ysleta McDonald — Circuit Judge.
• Ted Bundy — referenced as being put away by Bob Dekle.
• John E. Ferguson — referenced as the last inmate executed prior to Gore, with his prior conviction and death sentence.
• William Frederick Happ — referenced as convicted and sentenced to death in 1989.

Background

Marshall Lee Gore was executed after being on Florida’s Death Row for more than two decades. Coverage described his courtroom behavior as including insulting lawyers, storming off the witness stand, and howling at a guilty verdict. He was described as having refused to open his eyes at the execution and as not speaking when asked for a last statement.

The offence

Victim Robyn Novick (Robyn Gale Novick)

Police found a blue tarp covering the body of Robyn Novick, identified through dental records as a white female. Forensic investigation showed the cause of death was multiple stab wounds to the chest and strangulation. Witnesses at the Redlands Tavern saw Novick get into a yellow Corvette and leave the bar with a man later identified in photographic lineups as Marshall Gore. Coverage also described that Gore stabbed and beat Robyn Novick to death in March 1988 and left her discarded corpse in a trash heap near Homestead.

Victim Susan Marie Roark

On 04/02/88, skeletonized remains of Susan Roark were found in Columbia County, Florida. Forensic investigation determined the body was placed in that location at death, or within two hours following death. Susan Roark was last seen alive on 01/30/88 in Cleveland, Tennessee, in the presence of Marshall Lee Gore. Gore was waiting at a convenience store for a friend to pick him up and travel to Florida; Gore struck up a conversation with Roark and the two left in Roark’s black Ford Mustang. Gore arrived in Tampa on 01/31/88 driving a black Ford Mustang. He convinced a friend to help him pawn several items later determined to have belonged to Roark. Gore proceeded to Miami and abandoned Roark’s car after it was involved in a two-car accident, with Gore’s fingerprint and a Miami police traffic ticket found in the car. Coverage described Roark’s body as reduced to almost a skeleton and found off a forest road; her disappearance was also described as having involved being last seen in his company.

Victim Tina Corolis and her 2-year-old son

At the time of conviction for the murder of Robyn Novick, Gore was described as under a sentence of death for kidnapping, robbery, and murder of Susan Roark and under a sentence of life imprisonment for kidnapping, sexual battery, and attempted murder of Tina Corolis. Trial information for the 1988 matter also described a conviction for attempting to murder Tina Corolis and kidnapping Corolis’ 2-year-old son. Coverage also stated that authorities arrested Gore after he kidnapped a stripper at Tootsie’s Cabaret in North Miami-Dade; after raping the woman he slit her throat, bashed her head in with a rock, and left her to die in an isolated stretch near Homestead. The woman lived and alerted police officers that Gore had made off with her car with her 2-year-old son in the back seat; the child was later found alive.

Investigation

Dave Simmons investigated Gore’s slew of rapes. Neal Nydam investigated the Roark murder and attended Tuesday’s execution. Authorities arrested Gore in 1988 after the kidnapping at Tootsie’s Cabaret in North Miami-Dade. Coverage stated that officers searching for the boy stumbled across Novick’s remains and that Novick was last seen with Gore leaving a tavern. For the Roark case, forensic investigation was described as placing the body in the discovered location at death or within two hours following death.

Arrest

Coverage stated that authorities arrested Gore in 1988 after he kidnapped a stripper at Tootsie’s Cabaret in North Miami-Dade.

Trial

Columbia County case (Case # 88-607)

Gore was indicted on 07/28/89 as follows:

• Count I: First-Degree Murder
• Count II: Kidnapping
• Count III: Armed Robbery

On 03/14/90, the jury returned guilty verdicts on all counts of the indictment. On 04/02/90, the jury recommended death by a vote of 11-1. On 04/03/90, Gore was sentenced:

• Count I First-Degree Murder — Death
• Count II Kidnapping — Life Imprisonment
• Count III Armed Robbery — 15 years

Gore filed claims on appeal including denying a motion to suppress statements to police; allowing collateral crime evidence; denying a motion of continuance to secure defense testimony; denying a motion for acquittal on the Kidnapping count; failing to sequester Roark’s stepmother; allowing the State to question a defense psychiatrist on Gore’s mental state; and finding of aggravating circumstances.

Dade County case (Case # 90-11445) and retrial

Gore was indicted on 03/21/90 as follows:

• Count I First-Degree Murder
• Count II Armed Robbery

On 05/05/95, the jury returned guilty verdicts on all counts of the indictment. On 05/06/95, the jury recommended death by a vote of 11-1. On 06/30/95, Gore was sentenced:

• Count II Armed Robbery — Life Imprisonment

On 10/01/98, Florida Supreme Court vacated convictions and sentences and remanded for a new trial.

On 02/12/99, the jury returned guilty verdicts on all counts of the indictment. On 03/16/99, the jury recommended death by a vote of 12-0. On 04/19/99, Gore was sentenced:

Gore’s direct appeal after retrial included claims including double jeopardy protections preclude retrial for the murder and robbery charges; denying motion for mistrial for improper witness questioning; denying a motion for judgment of acquittal; admitting improper collateral crime evidence; finding of the aggravating circumstance of cold, calculated, and premeditated murder; allowing Gore to represent himself during the closing argument of the guilt phase and during the penalty phase of trial; and ineffective assistance of counsel during the penalty phase.

Evidence and testimony described

For the Roark case, Lisa Ingram testified that she was riding in a car with Gore on 02/19/88 when she saw a woman’s purse in the back seat. According to Ingram, Gore told her that the purse belonged to “a girl that he had killed last night.”

Sentencing

Initial death sentence for Susan Roark murder (Columbia County Case # 88-607)

Gore received a death sentence for Count I First-Degree Murder on 04/03/90.

Dade County murder of Robyn Novick: first sentence (1995)

Gore was sentenced to death on 06/30/95 for Count I First-Degree Murder in Eleventh Judicial Circuit, Dade County Case # 90-11445.

Vacatur and resentencing (1998 and 1999)

Florida Supreme Court vacated convictions and sentences and remanded for a new trial on 10/01/98. Gore was resentenced to death on 04/19/99 for Count I First-Degree Murder.

Appeals

Florida Supreme Court and U.S. Supreme Court (Columbia County Case # 88-607)

Florida Supreme Court direct appeal was filed 04/16/92 (FSC# 75,955 599 So. 2d 978) and convictions and sentences were affirmed on 05/04/90. Rehearing was denied on 07/06/92 and mandate issued on 08/05/92.

A U.S. Supreme Court petition for writ of certiorari was filed 09/21/92 (USSC# 92-5955) and denied on 11/30/92.

A Circuit Court 3.850 motion was filed 05/03/94 and denied 06/04/01.

A Florida Supreme Court 3.850 motion appeal (FSC# 01-1524 846 So. 2d 461) was filed 07/10/01 and the Florida Supreme Court affirmed denial on 04/17/03, with mandate issued 05/19/03.

A Florida Supreme Court petition for writ of habeas corpus (FSC# 02-684 846 So. 2d 461) was petitioned 03/27/02; the petition was denied 04/17/03; and mandate issued 05/19/03.

A U.S. District Court, Middle District petition for writ of habeas corpus (USDC# 02-942) was filed 10/09/02 and denied 10/10/02 without prejudice to allow completion of state proceedings.

A U.S. District Court, Middle District petition for writ of habeas corpus (USDC# 03-474) was filed 09/29/03 and amended 04/22/05; the petition was denied 01/31/06.

A U.S. Court of Appeals, 11th Circuit petition for writ of habeas corpus (USCA# 06-11522 492 F.3d 1273) was filed 03/01/06; appeal filed 05/01/06; COA granted 05/01/06; lower court decision affirmed 07/20/07; mandate issued 09/05/07.

A Florida Supreme Court 3.853 motion appeal (FSC# 07-678) was filed 04/12/07 and denied 06/08/10; mandate issued 05/20/10.

A U.S. Supreme Court petition for writ of certiorari (USSC# 07-7796) was filed 11/16/07; petition denied 02/19/08.

A Florida Supreme Court 3.850 motion appeal (FSC# 08-1261) was filed 07/01/08; appeal stricken and dismissed 10/28/08.

Florida Supreme Court and U.S. Supreme Court (Dade County Case # 90-11445)

Florida Supreme Court direct appeal (FSC# 86,249 719 So. 2d 1197) was noted as appeal filed 08/10/95; on 10/01/98 Florida Supreme Court reversed convictions and sentences; mandate issued 10/25/98.

After retrial, Florida Supreme Court direct appeal (FSC# 96,127 784 So. 2d 418) was filed 07/27/99; Florida Supreme Court affirmed convictions and sentences on 04/19/01; mandate issued 05/18/01.

Circuit Court 3.850 motion (CC# 90-11445) had a shell motion filed 06/18/02 and later procedural steps including state motion to strike granted on 08/27/02.

A Florida Supreme Court 3.850 motion appeal (FSC# 02-2285 841 So.2d 466) had an appeal filed 10/21/02, and on 03/10/03 Florida Supreme Court ordered Gore to file an amended 3.850 motion in the Circuit Court within 60 days.

Circuit Court 3.850 motion (CC# 90-11445) was filed 06/01/04 and denied 09/13/05.

Florida Supreme Court petition for writ of habeas corpus (FSC# 05-1168 913 So. 2d 596) was petitioned 05/31/05 and denied on 09/23/05 without an opinion.

Florida Supreme Court 3.850 motion appeal (FSC# 05-1848) was filed 10/10/05 and denied 06/25/09; rehearing denied 12/10/09; mandate issued 12/31/09.

U.S. Supreme Court petition for writ of certiorari (USSC# 08-7871 129 S. Ct. 1354) was filed 12/06/08 and denied 02/23/09.

Outcome

Marshall Lee Gore was executed by lethal injection on October 1, 2013 at Florida State Prison. The state pronounced Gore dead at 6:12 p.m. Coverage described Gore as making no last statement and as taking no sedative prior to the lethal injection. His last meal order was described as a pepperoni and sausage pizza, which went uneaten.

Execution details and quotations

A prison official asked, “Inmate Gore, do you have a last statement you’d like to make,” just past 6 p.m. Gore did not speak.

Dave Simmons said: “I thought that was quite ironic, that he had nothing to say at the end,” and added: “He played the system for years faking insanity, saying outlandish things to judges and witnesses, and in his moment of truth, he had nothing to say for himself. He was the ultimate coward in the end.”

Pamela Novick said: “My sister Robyn wasn’t given a choice of how or when she wanted to die,’’ and also said: “She was violently murdered by a serial killer with no mercy and no appeals.’’ She also said after witnessing the execution: “Robyn Gale Novick was only 30 when Marshall Lee Gore savagely beat, raped, stabbed her in the heart and strangled her to death with her own belt,” and: “He continued to squeeze the life out of her until she took her very last breath,” and: “He then dumped her beautiful body as if one was throwing out garbage.” She further stated: “My sister Robyn wasn't given a choice of how or when she wanted to die.”

Neal Nydam said: “It’s been a roller coaster. But finally, it’s over.” He also said: “It was a slap in the face, not only for the law enforcement officers involved but for the families who have waited 25 long years,” and afterward stated: “It’s been a roller coaster. But finally, it’s over.”

Flora Seff said: “I think the system is set up in a way that makes it very difficult for everybody involved, especially the victim’s families,” and: “Despite that fact so much time has passed, the execution brought some peace to these people.”

Bob Dekle said: “He did some horrible things to a vast number of undeserving people, and he got what he deserved.” and added: “It took too long.”

Other details

• Gore displayed “outlandish things to judges and witnesses,” and the coverage described him as “faking insanity.”
• Gore attempted to prove insanity by claiming he was being executed as a “human sacrifice” and for “organ harvesting.” Court after court rejected Gore’s claims.
• Coverage described that Gore was suspected of at least 15 sexual assaults, the attempted murder of a girl in Broward, and the two murders.
• Prior incarceration history in Florida was described as Gore having a criminal record in Florida prior to the Roark murder.
• On 04/09/04, a competency hearing was held in the Circuit Court and Gore was determined to be competent after in 2002 Gore filed a notice with the Circuit Court that he was incompetent to proceed; experts for psychiatric evaluation were appointed.
• Coverage described that the execution was rescheduled multiple times and that Gov. Rick Scott rescheduled a September execution date so he could attend a political fundraiser, after which he apologized. It described a Circuit Judge Ysleta McDonald in Bradford County finding reasonable grounds that Gore was too insane to be executed following an emergency appeal filed by Gore’s attorney. It also described the Eighth Amendment to the U.S. Constitution prohibiting execution of insane inmates.
• The last inmate executed prior to Gore was John E. Ferguson on Aug. 5, convicted and sentenced to death for eight counts of first degree murder in 1978; Ferguson’s lawyers argued he was insane and that executing him would be illegal.
• On June 14 (year not specified), Scott signed the Timely Justice Act, requiring the governor to sign a death warrant within 30 days of review by the Florida Supreme Court and requiring the state to execute the defendant within 180 days of the warrant.
• A statement attributed to Mark Elliott said: the state “unnecessarily killed an obviously mentally ill prisoner,” and he said the governor should devote more money to solving the thousands of unsolved murders in the state.
• Gore’s case information listed:
  • Third Judicial Circuit, Columbia County Case # 88-607; Court judge E. Vernon Douglas; attorney Jimmy Hunt (Assistant Public Defender); direct appeal attorney W.C. McLain (Assistant Public Defender); collateral appeals Frank Tassone, Jr. (Registry).
  • Date of offense: 01/31/88; date of sentence: 04/03/90.
  • Third Judicial Circuit, Columbia County Case # 88-607 sentencing data included: trial dates 07/28/89 indictment; 03/14/90 jury guilty; 04/02/90 jury recommendation; 04/03/90 sentencing.
  • Eleventh Judicial Circuit, Dade County Case # 90-11445; sentencing judge Thomas Carney; resentencing judge Leslie Rothenberg; attorney trial Anthony Genova, Guillermo Pena, John Lipinski (Special Assistant Public Defender); direct appeal in 1998 listed John Lipinski, Maria Lipinski, Anthony Genova; direct appeal in 2001 listed William Norris.
  • Dates of sentence: 06/30/95 & 04/19/99.
  • Additional information indicated Gore was under a sentence of death for the 01/31/88 kidnapping, robbery, and murder of Susan Roark (Columbia County Case# 88-607) and sentence of life imprisonment for the 03/14/88 kidnapping, sexual battery, and attempted murder of Tina Corolis (Dade County Case# 88-9827).
• Coverage described Gore’s last moments involving a doctor prying Gore’s eye lids open, shining a light in, and then the prison official pronouncing Gore dead at 6:12 p.m.