Pedro Hernandez-Alberto

Case information

• Name: Pedro Hernandez-Alberto
• Date of birth: 01/15/63
• Florida Supreme Court opinion: 02-1617
• DC#: T28329
• Thirteenth Judicial Circuit: Hillsborough County
• Case #: 99-117

Timeline

• 01/03/99 — Pedro Hernandez-Alberto and Maria continued an ongoing argument about ownership of the home and restaurant; Hernandez-Alberto confronted Donna in the family room, struck her on the head when she refused to pick up a toy, and then shot her in the back, killing her; Hernandez-Alberto drove to the restaurant, confronted Isela in the kitchen, and shot her three times; he fled toward Mexico and was arrested in Brookshire, Texas.
• 05/18/99 — At a competency hearing, the trial court found Hernandez-Alberto incompetent to proceed.
• 11/09/99 — At a competency hearing, the trial court found Hernandez-Alberto competent to proceed.
• 08/20/01 — At a competency hearing, the trial court found Hernandez-Alberto competent to proceed.
• 11/29/01 — The jury returned guilty verdicts on both counts and recommended death by a vote of 10-2.
• 11/19/01 — At a competency hearing, the trial court found Hernandez-Alberto competent to proceed.
• 05/28/02 — Hernandez-Alberto was sentenced to death on both counts.
• 07/23/02 — Hernandez-Alberto filed a Direct Appeal with the Florida Supreme Court.
• 09/23/04 — The Florida Supreme Court affirmed the convictions and sentences.
• 03/10/06 — Hernandez-Alberto filed a 3.851 Motion with the Circuit Court and amended the motion on 03/16/06.

Background

Pedro Hernandez-Alberto and Maria Gonzalez were married and had one child together. Maria Gonzalez had an adult son, Salvatore Gonzalez, an adult daughter, Isela Gonzalez, and a minor 11-year-old daughter, Donna Berezovsky, from other relationships. Maria’s children lived with her and Hernandez-Alberto during their marriage. Maria owned and operated a family business called the Apollo Beach Family Restaurant.

The offence

On the morning of 01/03/99, Hernandez-Alberto and Maria continued an ongoing argument about ownership of the home and restaurant. Hernandez-Alberto insisted that his name be placed on the title to the home and restaurant, which Maria owned before their marriage. Maria left the home to go to work at the restaurant.

After Maria’s departure, Hernandez-Alberto confronted Donna in the family room. When Donna refused to pick up a toy, Hernandez-Alberto struck her on the head, knocking her to the floor. As she lay face down on the floor, he removed a gun from his fanny pack and shot her in the back, killing her.

After shooting Donna, Hernandez-Alberto drove to the restaurant where Maria and Isela were working. He confronted Isela in the kitchen and shot her three times: once in the lower back, once in the upper back, and once in the neck. After shooting Isela, Hernandez-Alberto fled toward Mexico.

Hernandez-Alberto was arrested in Brookshire, Texas. He was interviewed by the Brookshire police chief and confessed to shooting and killing both Donna and Isela.

Investigation and arrest

Hernandez-Alberto was arrested in Brookshire, Texas after fleeing toward Mexico.

Trial

• Indictment date: 01/13/99
• Counts:
  • Count I: First-Degree Murder (Donna Berezovsky)
  • Count II: First-Degree Murder (Isela Gonzalez)
• Representation:
  • Attorney, Trial: Pro Se
  • Daniel Hernandez & Charles Traina – APD & Court-Appointed Attorney
  • Direct Appeal: John Fisher – Assistant Public Defender
  • Collateral Appeals: Mark Gruber – CCRC-M

Competency proceedings

During trial, the competency of Hernandez-Alberto was in question. At a competency hearing on 05/18/99, the trial court found him incompetent to proceed. At three subsequent competency hearings, the trial court found him competent to proceed on 11/09/99, 08/20/01, and 11/19/01.

Jury and verdicts

• 08/24/01 — Jury returned guilty verdicts on both counts of the indictment.
• 11/29/01 — Jury recommended death by a vote of 10-2.

Sentencing

• Date of sentence: 05/28/02
• Sentenced as follows:
  • Count I: First-Degree Murder (Donna Berezovsky) — Death
  • Count II: First-Degree Murder (Isela Gonzalez) — Death

Appeals

Direct appeal

• The appeal cited the following trial court errors:
  • finding of competence to proceed
  • allowing pro se representation
  • denying a motion for continuance
  • denying a motion for a PET scan
  • finding evidence of premeditation
  • proportionality of the death penalty in this case
  • unconstitutionality of Florida’s death penalty statute

Collateral appeal

• 03/10/06 — Hernandez-Alberto filed a 3.851 Motion with the Circuit Court.
• 03/16/06 — Hernandez-Alberto amended the motion.
• The motion was pending.

Other details

• The sentencing judge was The Honorable Daniel Perry.
• The case record included FloridaCapitalCases.state.fl.us navigation boilerplate text and interface terms that were not part of the case facts.