Alphonso Green

Case information

Alphonso Green (born 01/07/51) was tried in the Thirteenth Judicial Circuit, Hillsborough County. The case was identified as Case # 86-14233.

Judicial and legal identifiers

The matter involved Supreme Court of Florida opinion 71540, opinion 80520, and SC02-2315, and DC# 042143.

Timeline

• 10/10/86 — Green paid $250 in unpaid rent by 10/10/86.
• 10/23/87 — Green was sentenced to death.
• 10/03/02 — Green was resentenced to death.
• 02/14/02 — Jury recommended death by a vote of 10-2.
• 04/28/05 — The Florida Supreme Court affirmed the death sentences.
• 06/06/91 — The Florida Supreme Court affirmed the convictions and sentences.
• 09/16/87 — The jury returned guilty verdicts on both counts.
• 10/01/86 — An eviction notice was posted in Green’s apartment.
• 10/29/86 — Green was indicted.
• 11/21/91 — Green filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 02/24/92 — The U.S. Supreme Court denied certiorari.
• 06/02/93 — Green filed a 3.850 Motion with the Circuit Court.
• 11/18/94 — Green amended the 3.850 Motion.
• 08/14/98 — Green amended the 3.850 Motion.
• 04/09/99 — Green amended the 3.850 Motion.
• 04/03/00 — Attorneys stipulated to a new penalty phase due to ineffective assistance of trial counsel.
• 10/25/02 — Green filed a Direct Appeal with the Florida Supreme Court.
• 12/07/87 — Green filed a Direct Appeal with the Florida Supreme Court.
• 10/05/05 — Green filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 12/12/05 — The U.S.
• 09/06/2009 — A report stated that Alphonso Green, on death row for two murders in Tampa, died of cancer.
• September 2009 — Green died in prison.

Background

Alphonso Green lived in a duplex apartment in Hillsborough County that was rented from Robert and Dora Nichols.

An earlier prior incarceration history in the State of Florida included:

• 05/24/1974 — Sexual Battery; sentenced on 05/24/1974 to life in Hillsborough County.

The offence

On 10/10/86, Green paid the $250 in rent.

Sometime before midnight, Green went back to the Nichols’s armed with a large butcher knife and knocked on the Nichols’s door. Mr. Nichols let Green in, at which point Green asked for his rent check back. Mrs. Nichols refused, and Green stabbed her.

Mr. Nichols fled to the bedroom, and Green followed him and stabbed him as well. Green fled the scene, returned to his apartment, changed clothes, and hitched a ride out of town.

After Green fled the scene, neighbors responded to noises coming from the Nichols home. Mrs. Nichols was found in the foyer and had been stabbed fourteen times. Mr. Nichols was found in the bedroom, with bed covers stuffed in his mouth, and had been stabbed twenty-eight times.

Blood smears were found throughout the house, as well as on the entrance railing, doors, handles, and gate outside the house.

Green hitched a ride to St. Petersburg and then Ft. Lauderdale. A day after the murders, Green surrendered to police and during police questioning he admitted to the murders.

The circumstances included that Green went to the Tampa house of Robert J. Nichols and Dora V. Nichols to take back a $250 check from his landlords, and he was seeking money to buy more crack.

Investigation and arrest

After the murders, Green surrendered to police. During police questioning, he admitted to the murders.

Trial

Indictment and charges

On 10/29/86, Green was indicted as follows:

• Count I: First-Degree Murder (Dora Nichols)
• Count II: First-Degree Murder (Robert Nichols)

Verdicts and recommendation

On 09/16/87, the jury returned guilty verdicts on both counts. The jury recommended death by a vote of 12-0.

Sentencing

On 10/23/87, the court sentenced Green as follows:

• Count I (First-Degree Murder of Dora Nichols): Death
• Count II (First-Degree Murder of Robert Nichols): Death

Resentencing

A new penalty phase occurred because attorneys stipulated to a new penalty phase on 04/03/00 due to ineffective assistance of trial counsel.

On 02/14/02, the jury recommended death by a vote of 10-2.

On 10/03/02, Green was resentenced to death.

Appeals

Florida Supreme Court appeal after the first sentence

Green filed a Direct Appeal with the Florida Supreme Court on 12/07/87, citing:

• allowing improper racially discriminatory peremptory challenges
• relying on unproven aggravating factors

On 06/06/91, the Florida Supreme Court affirmed the convictions and sentences.

U.S. Supreme Court petition after the first sentence

Green filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 11/21/91 that was denied on 02/24/92.

Post-conviction motions

Green filed a 3.850 Motion with the Circuit Court on 06/02/93 and amended the Motion on 11/18/94, 08/14/98, and 04/09/99.

Florida Supreme Court appeal after resentencing

Green filed a Direct Appeal with the Florida Supreme Court on 10/25/02, citing:

• failing to properly answer a jury question during deliberations
• failing to issue written findings of fact after orally sentencing Green in 1987
• finding the aggravating factors of pecuniary gain and murder committed during a burglary
• using an unconstitutional sentencing statute

On 04/28/05, the Florida Supreme Court affirmed the death sentences.

U.S. Supreme Court petition after resentencing

Supreme Court on 10/05/05 that was denied on 12/12/05.

Outcome

Green was sentenced to death on October 23, 1987 and was resentenced to death on 10/03/02.

Green died in prison in September 2009. The prison was the Union Correctional Institution in Raiford.

Aftermath

A report stated that Alphonso Green, on death row for two murders in Tampa, died of cancer.

The report included the following verbatim quotations:

• “It was something I wanted to hear for a long time,” said Anderson.
• “But I can never get over losing my parents,” Anderson said.
• “Please, don't do this.”
• “I'm going to try to just put that chapter behind me and get him out of my life,” Anderson said.

The report stated that Patricia Anderson waited 23 years for Alphonso Green to die, and it stated that Green stabbed Anderson’s parents to death in 1986 while high on crack.

The report stated that Assistant State Attorney Chris Moody said all of Green’s direct appeals were exhausted and Green was seeking to be released on the grounds that his attorney had been ineffective.

The report stated that an execution date had not been set at the time.

The report stated that Gretl Plessinger would not discuss Green’s medical history because of privacy laws.

The report stated that Moody and Anderson said Green was suffering from pancreatic cancer.

The report stated that Anderson answered the phone at her Tampa house and was shocked when a state official told her Green had passed away.

The report stated that the Florida Department of Corrections said Green died of natural causes early Thursday.