George Michael Hodges

Case overview

George Michael Hodges was sentenced to death on August 10, 1989.

Timeline

• 01/08/87 — At 6 a.m., Betty Ricks was found in the store’s parking lot lying next to her car
• 01/08/87 — Ricks died the next day without regaining consciousness after being shot twice
• 01/08/87 — Hodges’ wife and her son, Jesse Watson, initially supported Hodges’ alibi
• 02/22/89 — Hodges was indicted
• 07/14/89 — The trial jury found Hodges guilty
• 08/10/89 — The jury recommended death and Hodges was sentenced to death
• 08/23/89 — A direct appeal was filed
• 07/20/92 — A petition for writ of certiorari was filed
• 10/05/92 — The petition for writ of certiorari was granted based on Espinoza v. Florida
• 01/23/92 — The Florida Supreme Court affirmed the conviction and sentence of death
• 04/15/93 — The Florida Supreme Court reaffirmed the conviction and sentence of death
• 09/07/93 — A petition for writ of certiorari was filed
• 11/29/93 — The petition for writ of certiorari was denied
• 06/23/95 — A 3.850 motion was filed with the circuit court
• 06/01/01 — The circuit court denied the 3.850 motion
• 08/06/01 — A 3.850 appeal was filed with the Florida Supreme Court
• 06/19/03 — The denial of the 3.850 was affirmed by the Florida Supreme Court
• 04/22/02 — A petition for writ of habeas corpus was filed with the Florida Supreme Court
• 06/19/03 — The Florida Supreme Court denied the petition for writ of habeas corpus
• 03/04/05 — A petition for writ of habeas corpus was filed with the Florida Supreme Court
• 06/23/05 — The Florida Supreme Court denied the petition for writ of habeas corpus
• 01/04/06 — A petition for writ of habeas corpus was filed with the U.S. District Court, Middle District, and was pending
• 10/14/04 — The Florida Supreme Court issued a revised opinion again affirming the denial of the 3.850 motion and again denying the habeas petition

Background

George Michael Hodges was born 08/15/57. He was associated with the Thirteenth Judicial Circuit, Hillsborough County (Case # 89-2165). The sentencing judge was the Honorable John Griffin.

In November of 1986, Hodges was arrested on charges of indecent exposure based on a report filed by Betty Ricks, a 20-year-old convenience store clerk.

The offence

On 01/08/87, at 6 a.m., Ricks was found in the convenience store’s parking lot lying next to her car. Her body was found the same day that Hodges was scheduled for a criminal diversion program arbitration hearing as a result of the report filed by Ricks. Ricks had been shot twice and subsequently died the next day without regaining consciousness.

The convenience store was across the street from the department store where Hodges worked on the maintenance crew.

Investigation and arrest

A coworker reported to police that at 5:40 a.m. on the day of the shooting, she saw Hodges’ truck at the convenience store. Hodges reported that since he did not have to be at work that day, he was at home sleeping. Hodges’ wife and her son, Jesse Watson, initially supported his alibi.

A rifle was confiscated from Hodges’ home, but it ended up not being the murder weapon.

The investigation returned to Hodges as the prime suspect, and he was arrested for the murder in February of 1989.

Trial

Indictment

On 02/22/89, Hodges was indicted with:

• Count I: First-Degree Murder

Trial outcome

Hodges was found guilty by the trial jury on 07/14/89.

The jury recommended death by a vote of ten to two.

Witness testimony and alibi issues

At trial, the testimony of both Hodges’ ex-wife and his stepson, Jesse Watson, differed from that originally given.

Watson testified that he and Hodges had identical rifles and that the police in reality had taken Watson’s rifle, not Hodges’. Watson also testified that before 6 a.m. on the morning of the murder, he was awakened by Hodges’ truck. Watson then testified that Hodges entered the kitchen with his rifle. Watson further testified that he saw the rifle wrapped in plastic in the back of Hodges truck, and that there was a hole in the ground close to the tool shed. Watson finally testified that Hodges admitted to him, several months later, that he had indeed shot the convenience store clerk.

Trial counsel and direct appeal counsel

Trial attorneys were John Conrad and Daniel Perry (Assistant Public Defenders). The direct appeal attorney was Paul Helm (Assistant Public Defender). Direct appeal on remand was handled by Douglas Connor (Assistant Public Defender). Collateral appeals were handled by Linda McDermott (Private).

Sentencing

On 08/10/89, Hodges was sentenced as follows:

• Count I: First-Degree Murder — Death

Appeals and post-conviction

A direct appeal was filed on 08/23/89. Issues raised included:

• whether the trial court erred in admitting what should have been inadmissible hearsay regarding what the victim thought and said about prosecuting Hodges; and
• whether the trial court erred in continuing the proceedings after Hodges’ suicide attempt instead of stopping for a competency hearing.

The Florida Supreme Court found these claims either without merit or harmless and affirmed the conviction and sentence of death on 01/23/92.

A petition for writ of certiorari was filed on 07/20/92 and granted based on Espinoza v. Florida on 10/05/92. The case was remanded to the Florida Supreme Court and Hodges’ direct appeal was reopened. The Espinoza court found the former standard instruction on the heinous, atrocious, or cruel aggravator inadequate; however, in Hodges, that aggravator did not play a part in the sentencing. The Florida Supreme Court reaffirmed the conviction and sentence of death on 04/15/93.

A petition for a writ of certiorari was filed on 09/07/93 and denied on 11/29/93.

A 3.850 motion was filed with the circuit court on 06/23/95 and denied on 06/01/01. A 3.850 appeal was filed with the Florida Supreme Court on 08/06/01, and the denial of the 3.850 was affirmed on 06/19/03. On 10/14/04, the Florida Supreme Court issued a revised opinion again affirming the denial of the 3.850 motion.

A petition for a writ of habeas corpus was filed with the Florida Supreme Court on 04/22/02 and denied on 06/19/03. On 10/14/04, the Florida Supreme Court issued a revised opinion again denying the habeas petition. A petition for a writ of habeas corpus was filed with the Florida Supreme Court on 03/04/05 and denied on 06/23/05.

A petition for a writ of habeas corpus was filed with the U.S. District Court, Middle District, on 01/04/06 and was pending.

Other details

The department store where Hodges worked on the maintenance crew was located across the street from the convenience store. The investigation involved a rifle confiscated from Hodges’ home, which ended up not being the murder weapon. Hodges had attempted suicide, and the direct-appeal issue included whether proceedings should have stopped for a competency hearing.