Thomas Lee Gudinas

Case information

Thomas Lee Gudinas (DOB: 02/27/74) was tried in the Ninth Judicial Circuit, Orange County, Florida. The venue was later changed to Collier County (Case # 95-850). The sentencing judge was The Honorable Belvin Perry, Jr. Trial attorneys included Michael Irwin and Robert LeBlanc (private attorney). Direct appeal counsel was Christopher Quarles (Assistant Public Defender). Collateral appeals were handled by Eric Pinkard and David Gemmer (CCRC-M). The case designation included DC # 379799.

Timeline

• 05/23/94 — Gudinas and three roommates arrived at an Orlando bar, Barbarella’s, between approximately 8:30 and 9:00 p.m.; the group drank beer and smoked marijuana at their apartment and in the car on the way to the bar.
• 03:00 a.m. — The bar closed; when the bar closed Gudinas could not be located.
• 01:00 a.m. — A roommate testified he last saw Gudinas at approximately 1:00 a.m.
• 11:00–11:30 p.m. (05/23/94) — Rachelle Smith and her fiancé arrived at Barbarella’s.
• 02:00 a.m. — Smith left Barbarella’s at approximately 2:00 a.m. and later saw Gudinas watching her while crouched behind another car.
• 02:45 a.m. (05/24/94 discovery context) — Michelle McGrath was last seen at Barbarella’s at approximately 2:45 a.m.; she left her car in the same parking lot where Smith initially saw Gudinas.
• 05/24/94 — McGrath’s body was discovered on 05/24/94 in an alley next to Pace School by an employee of the school; her time of death was estimated to have been between 3:00 and 5:00 a.m.
• 07/15/94 — Gudinas was indicted in Orange County on five counts.
• 10/07/94 — Venue was changed from Orange County to Collier County.
• 05/04/95 — Jury returned guilty verdicts on all counts of the indictment.
• 05/10/95 — Jury recommended death by a vote of 10-2.
• 06/16/95 — Sentenced to death.
• 07/17/95 — Gudinas filed a direct appeal with the Florida Supreme Court, citing twelve errors.
• 04/10/97 — The Florida Supreme Court affirmed the convictions and sentences.
• 08/18/97 — Gudinas filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 10/20/97 — The U.S. Supreme Court denied the petition.
• 06/05/98 — Gudinas filed a 3.850 Motion with the Circuit Court.
• 07/19/99 — The 3.850 Motion was amended.
• 09/30/99 — The 3.850 Motion was amended again.
• 03/20/00 — The Circuit Court denied the Motion.
• 05/01/00 — Gudinas filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 12/01/00 — Gudinas filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 03/28/02 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 03/28/02 — The Florida Supreme Court denied the Petition for Writ of Habeas Corpus.
• 10/14/02 — Gudinas filed a 3.851 Motion with the Circuit Court.
• 01/16/03 — The Circuit Court denied the 3.851 Motion.
• 10/15/02 — Gudinas filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District.
• 01/10/05 — The U.S. District Court petition was amended.
• 03/05/03 — Gudinas filed a 3.851 Motion Appeal with the Florida Supreme Court, raising Ring claims.
• 05/13/04 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.

Background

As a juvenile, Gudinas had several felony convictions in the State of Massachusetts in the early 1990’s: Burglary of an Automobile, Assault, Theft, Assault With Intent to Rape, Indecent Assault and Battery, Assault and Battery.

The offence

Thomas Gudinas and three of his roommates arrived at an Orlando bar, Barbarella’s, between approximately 8:30 and 9:00 p.m. on 05/23/94. Prior to arriving at the bar, the group drank beer and smoked marijuana at their apartment and in the car on the way to the bar. While drinking throughout the night, the group periodically returned to the car to smoke marijuana. When the bar closed at 3:00 a.m., Gudinas could not be located. One of Gudinas’ roommates testified that he last saw Gudinas at approximately 1:00 a.m.

Rachelle Smith and her fiancé arrived at Barbarella’s between 11:00 and 11:30 p.m. on 05/23/94. When they left the bar at approximately 2:00 a.m., Smith went to the wrong parking lot, where she saw a man later identified as Gudinas, watching her while crouched behind another car. Realizing she was in the wrong parking lot, Smith walked to the correct parking lot and found her car. Smith sensed she was being followed, so she immediately entered the car and locked the doors. The same man who was watching Smith earlier tried to open her passenger door, then tried to smash the driver’s side window, screaming “I want to f___ you.” Smith blew her car horn and the man left. Smith later identified Gudinas in a police photo lineup as the man who tried to attack her.

Michelle McGrath was last seen at Barbarella’s at approximately 2:45 a.m. She left her car in the same parking lot where Smith initially saw Gudinas. McGrath’s body was discovered on 05/24/94 in an alley next to Pace School by an employee of the school. Her time of death was estimated to have been between 3:00 and 5:00 a.m.

McGrath’s body was naked, except for a bra which was pushed up above her breasts. Her body had several blunt force traumas to the head and evidence of sexual assault. The body also had trauma to the cervix and rectum, which was determined to have resulted from the insertion of foreign objects into her body. Semen was found inside McGrath’s vagina and on her thigh.

Prior to finding McGrath’s body in the alley beside Pace School, Jane Brand, an employee of the Pace School, came upon a man inside the gates of the school. After being told to leave the school grounds, the man jumped the fence and ended up in the alley. Brand looked in the alley and found McGrath’s body. Brand later identified the man as Gudinas.

All of Gudinas’ roommates testified that he was not at their apartment when they returned from Barbarella’s. They also testified that Gudinas was later seen with blood on his underwear and scratches on his knuckles. Gudinas attributed his wounds to a fight with two black men who tried to rob him.

Two roommates further testified that when asked if McGrath was a “good f___,” Gudinas replied, “I killed her then I f___ed her.”

Investigation and evidence

McGrath’s body showed blunt force traumas to the head and evidence of sexual assault. Trauma to the cervix and rectum was determined to have resulted from the insertion of foreign objects into her body. Jane Brand identified Gudinas after a man jumped a fence and ended up in the alley where McGrath’s body was found.

Arrest

No arrest details were included in the provided material.

Trial

Gudinas was indicted in Orange County on 07/15/94 on the following counts:

• Count I Attempted Burglary With an Assault
• Count II Attempted Sexual Battery
• Count III Sexual Battery
• Count IV Sexual Battery
• Count V First-Degree Murder

On 10/07/94, venue changed from Orange County to Collier County. On 05/04/95, a jury returned guilty verdicts on all counts of the indictment. On 05/10/95, the jury recommended death by a vote of 10-2.

Sentencing

On 06/16/95, Gudinas was sentenced as follows:

• Count I Attempted Burglary With an Assault — 30 Years
• Count II Attempted Sexual Battery — 30 Years
• Count III Sexual Battery — Life Imprisonment
• Count IV Sexual Battery — Life Imprisonment
• Count V First-Degree Murder — Death

Appeals and collateral proceedings

Gudinas filed a Direct Appeal with the Florida Supreme Court on 07/17/95, citing twelve errors, many of which focused on the admission of evidence at trial. On 04/10/97, the Florida Supreme Court affirmed the convictions and sentences.

Gudinas filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/18/97 that was denied on 10/20/97.

Gudinas filed a 3.850 Motion with the Circuit Court on 06/05/98 that was amended on 07/19/99 and 09/30/99. On 03/20/00, the Circuit Court denied the Motion. Gudinas filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/01/00, citing allegations of ineffective assistance of counsel. On 03/28/02, the Florida Supreme Court affirmed the denial of the 3.850 Motion.

Gudinas filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 12/01/00, citing allegations of ineffective assistance of counsel. On 03/28/02, the Florida Supreme Court denied the Petition.

Gudinas filed a 3.851 Motion with the Circuit Court on 10/14/02 that was denied on 01/16/03.

Gudinas filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 10/15/02 and amended it on 01/10/05; the petition was pending. Gudinas filed a 3.851 Motion Appeal with the Florida Supreme Court on 03/05/03, raising Ring claims. The Florida Supreme Court affirmed the denial of the 3.850 Motion on 05/13/04.

Outcome

Gudinas was sentenced to death on June 16, 1995, following guilty verdicts on all counts of the indictment and a jury recommendation of death by a vote of 10-2.

Other details

The case information included: Florida Supreme Court opinion 86070; opinion SC00-954; opinion SC03-416; and Case # 94-7132. The circumstances of offense included the group’s drinking beer and smoking marijuana prior to arriving at Barbarella’s, the bar closing at 3:00 a.m., and the sequence of events involving Rachelle Smith’s attempted attack and the subsequent discovery of Michelle McGrath’s body.