Martin Edward Grossman

Case information

Martin Edward Grossman (also known as Martin Grossman, Martin E Grossman, Martin Edward Grossman), DC# 089742, was a white, male prisoner. He was 6'04'' tall and weighed 255 lbs. He had black hair and brown eyes. His birth date was 01/19/1965. His initial receipt date was 12/23/1985. His current facility was Florida State Prison, with current custody listed as maximum and current release date listed as death sentence. His incarceration history listed 05/31/1983 to 07/25/1984 and 12/23/1985 to 02-16-10 (death sentence executed).

Background

Martin Edward Grossman had previously been in prison. His prior prison history included:

• 01/02/1983 BURG/DWELL/OCCUP.CONVEY
• 05/18/1983 PASCO 8300195 2Y 0M 0D
• 01/02/1983 GRAND THEFT,$300 LESS &20,000

Grossman was on probation following a prior prison term.

The offence

On the night of 12/13/84, Martin Grossman and a companion, Taylor, drove to a wooded area in Pinellas County, Florida. They were shooting a stolen handgun when they were approached by Margaret Park, a Florida Wildlife Officer. Park confiscated the weapon and license of Grossman.

Grossman pleaded with Park not to report him for possessing a weapon, which was a violation of his probation for a burglary charge. Grossman also pleaded regarding being outside of Pasco County, which was described as a violation of his probation for a burglary charge.

When Park picked up the radio to call the sheriff’s office, Grossman repeatedly struck her on the head and shoulders with her flashlight. Taylor then beat Park. Park managed to exclaim “I’m hit” over the radio, and deputies from the Pinellas County Sheriff’s Office began responding.

Park drew her weapon and fired a shot within the vehicle, and disabled Taylor with a kick to the groin. Grossman wrestled the weapon away from Park and shot her once in the back of the head. Grossman and Taylor fled the scene with Park’s gun.

Grossman’s conduct included trying unsuccessfully to burn his clothes and shoes; Taylor later disposed of the items in a nearby lake. After the killing, Grossman and Taylor returned to the Grossman home, told a friend about the killing (individually and collectively), and buried two weapons nearby. Grossman attempted to clean the Grossman van, and changed the van tires.

The state introduced testimony and physical evidence at trial, including testimony from:

• Brian Hancock
• Brian Allan
• Charles Brewer

The state also introduced Taylor’s statement to the policeman against Taylor only. Evidence described as introduced included the charred shoes, the two weapons, prints taken from the victim's vehicle, testimony from a neighbor who observed the attempted burning of the clothes, Grossman’s efforts to clean the Grossman van, and changing of the van tires. Expert testimony was introduced as to the cause of death and the significance of blood splatter evidence.

Victim

Margaret Park, a Florida Wildlife Officer (Margaret “Peggy” Park), was shot and killed. Her birth date was November 28, 1958 (Columbus, Ohio). She grew up in the Columbus, Ohio area and graduated from Bexley High School in 1977. She graduated from Ohio State University in December 1981 with a bachelor of science degree in natural resources and wildlife management. She began working for the Florida Game and Fresh Water Fish Commission on September 7, 1982 after graduating from the Wildlife Officer Recruit School in Tallahassee and was assigned to Pinellas County.

Officer Park was 26 at the time of her death on December 13, 1984. She was alone on routine patrol when she spotted a van in a remote area of northeastern Pinellas County, became suspicious, and found a handgun along with the occupant’s driver’s license. She was survived by her parents, James and Margaret Park, a brother Steve Park, and a sister Betsy Park.

Park’s funeral arrangements were described as arranged by the Moss Funeral Home of Clearwater and held at St. John's Episcopal Church in Clearwater, with cremation and scattering of ashes over the eagles’ nests she had watched. A nature trail was named for her in Pinellas County and a memorial plaque was installed near the place where she was murdered.

In later accounts connected to the execution, Park’s mother was also named Margaret Park. Park’s sister was Betsy Park. Park’s brother and sister and mother were described as among the witnesses to the execution.

Investigation

Grossman and Taylor were arrested after Hancock told his story to police. The narrative described:

• Approximately eleven days after the murder, Hancock told his story to the police and Grossman and Taylor were arrested.
• Taylor, upon his arrest, recounted the story of the murder to a policeman.
• Later, Grossman told the story to a jail-mate, Charles Brewer.

Arrest

Grossman and Taylor were arrested after Hancock told his story to the police. Taylor’s confession was described as occurring upon arrest.

Trial

Grossman and Taylor were tried jointly over Grossman’s objection.

The trial included:

• Grossman was indicted on one count of First-Degree Murder.
• Grossman entered a not guilty plea.
• A jury returned a guilty verdict.
• The jury recommended the death sentence by a vote of 12-0.
• Grossman was sentenced to death on the sole count of the indictment.

The state introduced testimony against Grossman from Hancock, Allan, and Brewer. Taylor’s statement to the policeman was introduced against Taylor only. The state introduced the physical evidence and testimony described in the offence section.

Timeline

• 12/13/1984 — Grossman and Taylor drove to a wooded area in Pinellas County and were shooting a stolen handgun when they were approached by Margaret Park; Park confiscated Grossman’s weapon and license and was later beaten and shot; Grossman and Taylor fled.
• 01/16/1985 — Not guilty plea entered.
• 01/18/1985 — Indicted on one count of First-Degree Murder.
• 10/29/1985 — Jury returned guilty verdict.
• 10/31/1985 — Jury recommended the death sentence by a vote of 12-0.
• 12/13/1985 — Sentenced to death on the sole count of the indictment.
• 02/18/1988 — Florida Supreme Court affirmed the conviction and death sentence.
• 03/06/1989 — U.S. Supreme Court denied a petition for writ of certiorari.
• 03/08/1990 — Governor signed a death warrant for Grossman.
• 04/06/1990 — Florida Supreme Court granted a stay of execution.
• 03/23/1990 — Grossman filed a Petition for Writ of Habeas Corpus.
• 08/13/1990 — Grossman filed a 3.850 Motion with the Circuit Court.
• 10/05/1995 — 3.850 Motion denied.
• 01/04/1996 — Grossman filed a 3.850 Motion Appeal.
• 08/14/03 — Grossman filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 05/07/04 — Florida Supreme Court denied the Petition.
• 02/25/05 — Grossman filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit.
• 05/16/05 — Grossman filed a 3.851 Motion with the Circuit Court.
• 08/02/05 — 3.851 Motion denied.
• 09/12/05 — Grossman filed a 3.851 Motion Appeal with the Florida Supreme Court.
• 02/16/2010 — Grossman was executed by lethal injection in Florida.

Sentencing

Grossman’s offense date was 12/13/1984 and his sentence date was 12/13/1985 in Pinellas County, case no. 8411698, with a death sentence. His prison sentence length was listed as death sentence. A sentencing judge was listed as The Honorable Crockett Farnell.

Grossman’s trial counsel was listed as Elizabeth Mansfield – Private Attorney for Trial and Direct Appeal. Collateral appeals were listed as Richard Kiley & James Viggiano – CCRC-M.

Appeals

Citations listed included:

• Grossman v. State, 525 So.2d 833 (Fla. 1988) (Direct Appeal)
• Grossman v. Dugger, 708 So.2d 249 (Fla. 1997) (PCR)
• Grossman v. McDonough, 466 F.3d 1325 (11th Cir. 2006) (Habeas)

A federal habeas history was described:

• Grossman filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court on 09/18/98.
• The case was administratively closed on 07/22/02 and reopened on 01/23/03.
• The case was administratively closed again on 08/12/03 pending a supplemental brief.
• An amended petition was filed on 08/25/04.
• On 01/31/05, the U.S. District Court denied the Petition.

Grossman also filed a Florida Supreme Court habeas petition:

• Grossman filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 08/14/03.
• The Florida Supreme Court denied the Petition on 05/07/04.

Grossman filed a 3.850 motion and appeals:

• Grossman filed a 3.850 Motion on 08/13/90; it was denied on 10/05/95.
• Grossman filed a 3.850 Motion Appeal on 01/04/96; the Florida Supreme Court affirmed the denial on 12/18/97.

Grossman filed a 3.851 motion and appeals:

• Grossman filed a 3.851 Motion on 05/16/05; it was denied on 08/02/05.
• Grossman filed a 3.851 Motion Appeal on 09/12/05.

A petition for writ of certiorari was filed with the U.S. Supreme Court:

• Grossman filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/25/88; it was denied on 03/06/89.

A death warrant and stay history was described:

• On 03/08/90, the Governor signed a death warrant for Grossman.
• The Florida Supreme Court granted a stay of execution on 04/06/90.

Outcome

Grossman was executed by lethal injection in Florida on February 16, 2010. The execution took place at Florida State Prison near Starke. Grossman was declared dead at 6:17 p.m.

Aftermath

Last meal and final words were described:

• Grossman did not request a last meal before execution.
• He purchased from the prison canteen a chicken sandwich, a can of fruit punch and banana cream and peanut butter cookies.

Grossman’s final words were:

"I would like to extend my heartfelt remorse to the victim's family," he said. "I fully regret everything that occurred that night, for everything that was done, whether I remember it or not."

He then recited the Shema, a central prayer in Jewish Scripture, described as traditional for Jews to say as last words.

During accounts connected to the execution, it was described that Park’s mother sat in the front row of the witness room staring at Grossman during the execution and that Park’s mother’s remarks included:

“They had hard deaths,” she said. “I think he had an easy one.”

In other witness remarks connected to the execution, Park’s sister Betsy Park said:

“We came here today hoping for closure and an end to the years of reminders of how Peggy died overshadowing the memories of how she lived,” she said. "I believe we realized that hope today."

Additional remarks connected to execution timing and chamber procedures were described:

• Witnesses were led into the death chamber at 5:45 and a curtain was pulled down over the glass wall.
• At 6:00, the curtain rose and the team warden asked Grossman if he had any last words.
• The execution began at 6:02 and he was pronounced dead at 6:17.

Co-defendant

Taylor was described as a 17-year-old accomplice. He was convicted of Third-Degree Murder. Taylor was sentenced to seven years in prison, served only two years and 10 months, and was released into a “supervised community release program” in Pasco County. He was discharged from that program on December 4, 1987. Taylor confessed upon arrest.