Harold Lee Harvey

Case information

Harold Lee Harvey was born on 12/30/62. He was tried in the Nineteenth Judicial Circuit, Indian River County, Case # 86-322-B. The case was associated with DC# 102992.

Timeline

• 02/23/85 — Harold Lee Harvey and Harry Scott Stitler, armed with a pistol and an AR-15 assault rifle, met and drove to the home of William and Ruby Boyd, intending to rob the Boyds.
• 02/27/85 — Harvey was stopped for a driving infraction in Okeechobee County and placed under arrest for the Boyd murders.
• 05/11/86 — Harvey escaped from Okeechobee County Jail.
• 05/12/86 — Harvey was located sleeping in a truck by a North Miami Beach police officer; when the officer woke Harvey, he pointed a gun at the officer, and the officer fired.
• 06/18/86 — Jury returned guilty verdicts on all counts of the indictment.
• 06/20/86 — Jury recommended death by a vote of 11-1.
• 06/20/86 — Harvey was sentenced to death on Count I and Count II.
• 07/24/86 — Harvey filed a Direct Appeal with the Florida Supreme Court, citing multiple errors.
• 06/16/88 — The Florida Supreme Court affirmed the convictions and sentences.
• 12/15/88 — Harvey filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 02/21/89 — The U.S. Supreme Court denied the Petition for Writ of Certiorari.
• 04/18/90 — Harvey filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court alleging ineffective assistance of counsel.
• 02/23/95 — The Florida Supreme Court denied the Petition for Writ of Habeas Corpus.
• 08/27/91 — Harvey filed a 3.850 Motion with the Circuit Court.
• 03/17/93 — The Circuit Court denied the 3.850 Motion.
• 05/27/93 — Harvey filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 02/23/95 — The Florida Supreme Court reversed the denial of the 3.850 Motion and remanded for an evidentiary hearing.
• 08/17/98 — The Circuit Court held an evidentiary hearing.
• 08/24/98 — The Circuit Court held an evidentiary hearing.
• 01/26/99 — The Circuit Court denied the 3.850 Motion.
• 03/15/99 — Harvey filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 07/03/03 — The Florida Supreme Court reversed the denial of the 3.850 Motion and remanded for a new trial.
• 07/18/03 — A Motion for Rehearing was filed and was pending before the court.

The offence

On 02/23/85, Harold Lee Harvey and Harry Scott Stitler met and drove to the home of William and Ruby Boyd, armed with a pistol and an AR-15 assault rifle, intending to rob the Boyds. The Boyds gave money to Harvey and Stitler, but Harvey and Stitler decided to kill the Boyds. When the Boyds heard of the plan, they ran, but they were shot with the AR-15 by Harvey. Harvey and Stitler left the scene, but Harvey later returned to retrieve the gun shells. On Harvey’s return, he heard Mrs. Boyd moaning in pain and shot her in the head at point blank range.

Investigation and arrest

On 02/27/85, Harvey was stopped for a driving infraction in Okeechobee County and placed under arrest for the Boyd murders. After being read his Miranda warnings, Harvey was questioned and gave a statement admitting his involvement in the murders.

Arrest-related incident: jail escape and recapture

On 05/11/86, Harvey escaped from Okeechobee County Jail. He was located the next day, sleeping in a truck, by a North Miami Beach police officer. When the officer woke Harvey, he pointed a gun at the officer, and the officer fired his gun at Harvey. Harvey escaped in the officer’s patrol car, but was caught and subdued.

Trial

Indictment

On 03/07/85, Harvey was indicted as follows:

• Count I: First-Degree Murder (William Boyd)
• Count II: First-Degree Murder (Ruby Boyd)

Verdicts

On 06/18/86, the jury returned guilty verdicts on all counts of the indictment.

Sentencing recommendation and sentencing

On 06/20/86, the jury recommended death by a vote of 11-1. On 06/20/86, the court sentenced Harvey as follows:

• Count I: First-Degree Murder (William Boyd) — Death
• Count II: First-Degree Murder (Ruby Boyd) — Death

Codefendant

Harry Scott Stiteler accepted a plea bargain, pled guilty to First-Degree Murder, and was sentenced to Life Imprisonment.

Legal representation

• Trial attorney: Robert Watson – Private Attorney
• Direct appeal attorney: Robert Udell – Private Attorney
• Collateral appeals attorneys: Ross Bricker & Jeffrey Koppy – Private

Appeals and collateral proceedings

Direct appeal

Harvey filed a Direct Appeal with the Florida Supreme Court on 07/24/86, citing the following errors: failing to suppress statements to the police, excusing a juror in the absence of the defendant, admitting evidence related to the jail escape, failing to declare a mistrial due to prosecutor statements regarding potential parole if the death penalty was not used, and insufficient evidence for the aggravating circumstances. On 06/16/88, the Florida Supreme Court affirmed the convictions and sentences.

U.S. Supreme Court

Harvey filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/15/88; it was denied on 02/21/89.

State habeas corpus

Harvey filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/18/90, alleging ineffective assistance of counsel. The Florida Supreme Court denied the Petition on 02/23/95.

3.850 motion and appeals

Harvey filed a 3.850 Motion with the Circuit Court on 08/27/91; it was denied on 03/17/93. Harvey then filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/27/93, alleging ineffective assistance of counsel. On 02/23/95, the Florida Supreme Court reversed the denial of the 3.850 Motion and remanded the Motion to the Circuit Court for an evidentiary hearing. The Circuit Court held an Evidentiary Hearing on 08/17/98 – 08/24/98 and denied the 3.850 Motion on 01/26/99. Harvey filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/15/99, alleging ineffective assistance of counsel. On 07/03/03, the Florida Supreme Court reversed the denial of the 3.850 Motion and remanded to the Circuit Court for a new trial. A Motion for Rehearing was filed on 07/18/03 and was pending before the court.

Other case identifiers

The case referenced Florida Supreme Court opinion numbers 69101 and 75841, and SC95075.