Robert L. Henry

Overview

Robert L. Henry was convicted in Broward County and sentenced to death for killing two female co-workers by beating them with a hammer and setting them on fire during a robbery at a fabric store where they worked. He was executed by lethal injection in Florida on March 20, 2014.

Timeline

• 11/02/87 — Henry approached Phyllis Harris after the store had closed, told her unknown robbers had ordered him to tie her up and blindfold her, led her to a restroom, bound her there, and later attacked Janet Thermidor with a hammer, doused her with a flammable liquid, and set her on fire; Henry returned to attack Harris with the hammer and set her ablaze.
• 11/02/87 — Police and firefighters responded to a 9:30 p.m. call about a fire at a Deerfield Beach fabric store; Harris was tied up in the men’s restroom and found dead; Thermidor was found on the floor of the women’s restroom conscious with a head wound and burned on over 90 percent of her body; Thermidor died the following morning.
• 11/03/87 — Following Thermidor’s lead, police located and arrested Henry on the morning of November 3.
• 11/18/87 — Henry was indicted: Count I First-Degree Murder; Count II First-Degree Murder; Count III Robbery with a Deadly Weapon; Count IV Arson with a Deadly Weapon.
• 08/29/91 — The Florida Supreme Court affirmed the conviction and sentence of Death.
• 12/24/92 — The Florida Supreme Court affirmed the conviction and sentence again.
• 01/10/94 — A second Petition for Writ of Certiorari was denied.
• 01/17/03 — The circuit court denied a 3.850 motion.
• 05/25/06 — The Florida Supreme Court affirmed the denial of the 3.850 appeal.
• 01/05/04 — A 3.853 motion was dismissed.
• 04/10/06 — A 3.853 Motion Appeal was voluntarily dismissed.
• 05/25/06 — The Florida Supreme Court denied a Petition for Writ of Habeas Corpus.
• 08/29/91 — The Florida Supreme Court found the claims raised in direct appeal either without merit or harmless and affirmed the conviction and sentence of Death.
• 11/09/88 — Henry was sentenced: Count I First-Degree Murder—Death; Count II First-Degree Murder—Death; Count III Robbery with a Deadly Weapon—life sentence; Count IV Arson with a Deadly Weapon—life sentence.
• 09/29/88 — A trial jury found Henry guilty on all counts.
• 10/06/88 — The jury recommended Death for Count I (8-4) and Count II (9-3).
• 12/09/88 — A direct appeal was filed.
• 01/28/92 — A Petition for Writ of Certiorari was filed with the United States Supreme Court.
• 06/29/92 — The United States Supreme Court granted the petition.
• 09/04/92 — Rehearing was denied and remanded to the Florida Supreme Court.
• 06/01/95 — A 3.850 motion was filed with the circuit court.
• 07/29/03 — A 3.850 Appeal was filed with the Florida Supreme Court.
• 09/30/03 — A 3.853 Motion was filed in the Circuit Court.
• 04/04/07 — Henry filed a 3.853 motion, amended on 08/06/07.
• 08/06/07 — Henry’s 3.853 motion was amended.
• 09/10/07 — Henry filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District; amended on 10/04/07.
• 10/04/07 — Henry’s Petition for Writ of Habeas Corpus was amended in the United States District Court, Southern District.
• 03/20/14 — Henry was executed by lethal injection in Florida; he was pronounced dead at 6:16 p.m. at Florida State Prison.
• 11/09/88 — The execution date conflict resolved by status; the sentence date was November 9, 1988.
• 05/25/06 — Florida Supreme Court affirmed denial of the 3.850 appeal and denied the Petition for Writ of Habeas Corpus.

The offence

Victims and store setting

Phyllis Harris and Janet Thermidor were store employees at a Deerfield Beach fabric store. The attacks occurred after the store had closed.

Harm and sequence of attack

Thermidor was still alive when authorities found her. She had a head wound and was burned on over 90 percent of her body. Harris was tied up in the men’s restroom and was found dead.

According to trial testimony and Henry’s own statements to police, Henry first approached Harris after the store had closed on Nov. 2, 1987, telling her unknown robbers had ordered him to tie her up and blindfold her. Henry led Harris to a restroom and bound her there. Henry went to the store’s office, hit Thermidor repeatedly on the head with a hammer, doused her with a flammable liquid, and set her on fire. Henry then went back to the restroom, attacked Harris with the hammer, and set her ablaze.

Authorities responding to the fire found Harris dead but Thermidor still alive.

Identification by victim

Thermidor identified Robert Henry as the attacker in a recorded statement before she died hours later. Thermidor later told a police officer that the store’s maintenance man, Robert Henry, hit her on the head with a hammer after entering the office and then stole the store’s money; she also recalled Henry returning to throw a liquid on her and then setting her on fire, and that she fled to the restroom to try to extinguish the fire.

Robbery details

Authorities stated that about $1,200 was taken in the robbery. Court records showed that Henry initially claimed the robbery was committed by three masked intruders who also abducted him; later he confessed to acting alone. The confession was recorded.

Investigation and arrest

Police and firefighters responded to a 9:30 p.m. call about a fire at the Deerfield Beach fabric store. Following Thermidor’s lead, police located and arrested Henry on the morning of November 3.

Thermidor’s identification and recorded statement preceded Henry’s arrest.

Trial

Charges and jury verdict

Henry was indicted on 11/18/87 with:

• Count I: First-Degree Murder
• Count II: First-Degree Murder
• Count III: Robbery with a Deadly Weapon
• Count IV: Arson with a Deadly Weapon

On 09/29/88, the trial jury found Henry guilty on all counts.

On 10/06/88, the jury recommended Death for Count I by a vote of 8-4 and Death for Count II by a vote of 9-3.

In addition to two counts of first-degree murder, Henry was convicted of armed robbery and arson.

Prosecutor’s statements to the jury

Broward County prosecutor Michael Satz told the jury that convicted Henry in 1988:

"You talk about atrocious, heinous, cruel, vile or wicked," Broward County prosecutor Michael Satz told the jury that convicted Henry in 1988. "This is a case that nightmares are made of."

Sentencing

Henry was sentenced on 11/09/88:

• Count I: First-Degree Murder — Death
• Count II: First-Degree Murder — Death
• Count III: Robbery with a Deadly Weapon — life sentence
• Count IV: Arson with a Deadly Weapon — life sentence

The direct appeal took three years for a decision to be rendered. During the Petition for Writ of Certiorari, the United States Supreme Court vacated the sentence and remanded the case to the Florida Supreme Court. The Circuit Court 3.850 took eight years prior to a decision being rendered; the 3.850 motion was amended three times over the course of three years. There were several changes in CCRC counsel and several evidentiary hearings.

Appeals

A direct appeal was filed on 12/09/88. Issues raised included whether the trial court erred in not granting his motion to suppress all of Henry’s statements, and whether the trial court erred in not granting his motion to suppress Thermidor’s statement claiming that it did not qualify as a dying declaration. The Florida Supreme Court found all of the claims either without merit or harmless and affirmed the conviction and sentence of Death on 08/29/91.

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 01/28/92 and granted on 06/29/92. The petition was granted based on Espinosa v. Florida (jury rendered advisory verdict in sentencing hearing after being instructed on invalid aggravating circumstances) and Sochor v. Florida (judge’s improper weighing in capital sentencing hearing of aggravating factor not supported by evidence).

The rehearing was denied on 09/04/92 and remanded to the Florida Supreme Court. The Florida Supreme Court affirmed the conviction and sentence on 12/24/92.

A second Petition for Writ of Certiorari was filed on 08/09/93 and denied on 01/10/94.

A 3.850 motion was filed with the circuit court on 06/01/95 and was denied on 01/17/03. A 3.850 Appeal was filed with the Florida Supreme Court on 07/29/03, citing ineffective assistance of counsel. On 05/25/06, the Florida Supreme Court affirmed the denial of the motion.

A 3.853 Motion was filed in the Circuit Court on 09/30/03 and was dismissed on 01/05/04. A 3.853 Motion Appeal was filed with the Florida Supreme Court on 05/05/04 and was voluntarily dismissed on 04/10/06.

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 06/28/04, citing ineffective assistance of counsel. On 05/25/06, the Florida Supreme Court denied the petition.

On 04/04/07, Henry filed a 3.853 motion, which was amended on 08/06/07. Henry filed a Petition for Writ of Habeas Corpus on 09/10/07 in the United States District Court, Southern District. This petition was amended on 10/04/07.

Outcome

Henry was executed by lethal injection in Florida on March 20, 2014, at Florida State Prison. He was pronounced dead at 6:16 p.m. Thursday after the chemical injection.

During the execution, one witness to the lethal injection blurted out "Die!" as the inmate read his last statement.

Before the execution, Henry read a three-minute statement apologizing for his crimes and saying he hoped his death would comfort the families of the victims. He also criticized the death penalty, saying thieves don’t get their hands amputated as punishment:

"Why would we continue to be murderers to those who have murdered?"

After Henry’s statement, an unidentified victim family member who was witnessing the execution said in a loud voice:

"Die!"

The comment wasn’t audible through the thick glass partition separating witnesses from the chamber.

After the execution, Thermidor’s sister, Deborah Knights, read a family statement:

"We will always cherish the memory of her life that was taken too soon by a demon from hell," she said. "Today should be closure, but how can you forget the brutal way in which two lives were taken without remorse?"

Other details

Defendant identity and court information

Robert L. Henry DC# 607497 DOB: 05/01/58.

He was tried in the Seventeenth Judicial Circuit, Broward County, Case # 87-18628 CF10A.

Sentencing Judge: The Honorable Mark E. Polen Trial Attorney: Bruce Raticoff Attorney, Direct Appeal: Gary Caldwell – Assistant Public Defender Attorney, Collateral Appeals: Rachel Day – CCRC-S Date of Offense: 11/02/87 Date of Sentence: 11/09/88

Location and incident call

The fire response followed a 9:30 p.m. call at a Deerfield Beach fabric store.

Victim demographics and names

Phyllis Harris, 53, died in the November 1987 deaths. Janet Thermidor, 35, died in the November 1987 deaths.

Evidence regarding motive and statements

Henry initially claimed the robbery was committed by three masked intruders who also abducted him, but later he confessed to acting alone; the confession was recorded.