Kenneth Hartley

Case information

Name: Kenneth Hartley Date of birth: 01/27/67 Court: Fourth Judicial Circuit, Duval County Case number: 91-8144 Florida Supreme Court opinion: 83021 (SC04-1387) DC number: 318987

Background

Gino Mayhew was a seventeen-year-old who was selling crack cocaine outside of his Chevrolet Blazer.

The offence

On 04/22/91, Kenneth Hartley and two codefendants approached the victim, Gino Mayhew, who was selling crack cocaine outside of his Chevrolet Blazer. A witness testified that Hartley placed a gun to Mayhew’s head and forced him into the driver’s seat. Hartley sat in the back seat, behind Mayhew, and Ronnie Ferrell climbed into the front passenger seat. The Chevrolet Blazer left at a high rate of speed, with Sylvester Johnson following in a truck.

On 04/23/91, police found Mayhew slumped in the driver’s seat with five gunshot wounds: one shot to the forehead, three shots to the back of his head, and one shot to the shoulder.

Investigation and arrests

Police located Gino Mayhew on 04/23/91 slumped in the driver’s seat with five gunshot wounds.

Trial

Indictment and charges

On 07/25/91, Hartley was indicted as follows:

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

Verdict and recommendations

On 08/27/93, the jury returned guilty verdicts on all counts of the indictment.

On 09/09/93, the jury recommended a death sentence by a vote of 9-3.

Codefendants

Hartley and the two codefendants, Ronnie Ferrell and Sylvester Johnson, were each charged and tried separately for the First-Degree Murder, robbery, and kidnapping of seventeen-year-old Gino Mayhew. Ferrell was convicted and sentenced to death for the First-Degree Murder charge, and Johnson was convicted and sentenced to life imprisonment.

Sentencing

On 12/09/93, Hartley was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (Armed Robbery): 15 years (habitual felony offender)
• Count III (Armed Kidnapping): Life Imprisonment

Appeals

Direct appeal

On 01/13/94, Hartley filed a Direct Appeal with the Florida Supreme Court. Hartley cited eleven errors:

1. admission of a police officer’s statement
2. exclusion of defense witness testimony
3. improper denial of a motion for mistrial
4. improper exclusion of state witness testimony
5. excusing a juror without a race-neutral reason
6. excusing a juror for cause due to opposition to imposition of the death penalty
7. improper jury instruction regarding an aggravating circumstance (cold, calculated, premeditated murder)
8. improper finding of the cold, calculated, premeditated murder aggravating circumstance
9. erroneous doubling of aggravating circumstances (pecuniary gain and committed during a felony)
10. improper jury instruction regarding an aggravating circumstance (heinous, atrocious, and cruel murder)
11. improper finding of the heinous, atrocious, and cruel murder aggravating circumstance

The Florida Supreme Court affirmed the conviction and sentence on 09/19/96.

Petition to the U.S. Supreme Court

Hartley filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/05/97. It was denied on 10/06/97.

Collateral proceedings (3.850)

Hartley filed a 3.850 Motion with the Circuit Court on 09/17/98. The motion was amended on 11/09/98, 04/11/02, and 05/14/02. The Motion was denied on 06/10/04, and the court issued an amended order on 10/04/04.

Hartley filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/13/04, and it was voluntarily dismissed on 08/16/04.

Hartley filed a 3.850 Motion Appeal with the Florida Supreme Court on 01/10/05, and it remained pending.

Parties and representation

Sentencing judge: The Honorable R. Hudson Olliff Trial attorney: Robert Stuart Willis – Private Attorney Direct appeal attorney: David A. Davis – Assistant Public Defender Attorney Collateral appeals attorney: Harry Brody – Private

Timeline

• 04/22/91 — Hartley and two codefendants approached seventeen-year-old Gino Mayhew; Hartley placed a gun to Mayhew’s head and forced him into the driver’s seat; the Chevrolet Blazer left at a high rate of speed with Johnson following in a truck.
• 04/23/91 — Police found Mayhew slumped in the driver’s seat with five gunshot wounds.
• 07/25/91 — Indictment issued: Count I First-Degree Murder; Count II Armed Robbery; Count III Armed Kidnapping.
• 08/27/93 — Jury returned guilty verdicts on all counts.
• 09/09/93 — Jury recommended a death sentence by a vote of 9-3.
• 12/09/93 — Hartley was sentenced: Death (Count I), 15 years (habitual felony offender) for Armed Robbery (Count II), and Life Imprisonment for Armed Kidnapping (Count III).
• 01/13/94 — Hartley filed a Direct Appeal with the Florida Supreme Court.
• 09/19/96 — Florida Supreme Court affirmed the conviction and sentence.
• 05/05/97 — Hartley filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 10/06/97 — The U.S. Supreme Court denied the petition.
• 09/17/98 — Hartley filed a 3.850 Motion with the Circuit Court.
• 11/09/98 — 3.850 Motion was amended.
• 04/11/02 — 3.850 Motion was amended.
• 05/14/02 — 3.850 Motion was amended.
• 06/10/04 — 3.850 Motion was denied.
• 10/04/04 — The court issued an amended order.
• 07/13/04 — Hartley filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 08/16/04 — The 3.850 Motion Appeal was voluntarily dismissed.
• 01/10/05 — Hartley filed another 3.850 Motion Appeal with the Florida Supreme Court; it was pending.

Other details

Florida Supreme Court opinion number and reference included: 83021 (SC04-1387).