Johnny Hoskins

Case overview

Johnny Hoskins (AKA Jamil Alle, DOB: 10/31/1963) was convicted in the Eighth Judicial Circuit, Brevard County (Case #92-017795). The sentencing judge at the initial sentencing was The Honorable Harry Stein, and at resentencing the sentencing judge was The Honorable Jere Lober.

Timeline

• 10/17/1992 — Date of offense
• 10/18/1992 — Police were summoned to the residence of Dorothy Berger after neighbors noticed her door was open and her television and air conditioner were on but she was not home
• 10/19/1992 — Hoskins was stopped in Georgia on a traffic violation; the car was later determined to be the victim’s
• 11/10/1992 — Hoskins was indicted: Count I Robbery without a firearm; Count II First-Degree murder; Count III Sexual Battery with a deadly weapon; Count IV Burglary; Count V Kidnapping
• 03/21/94 — Jury returned guilty verdicts on all counts of the indictment
• 11/04/94 — Jury recommended death by a vote of 12-0; Hoskins was sentenced: Count I Life imprisonment; Count II Death; Count III Life imprisonment; Count IV Life imprisonment; Count V 15 years
• 05/11/99 — Convictions affirmed by FSC; death sentence vacated and remanded for new penalty phase
• 06/21/99 — A rehearing was denied
• 07/21/99 — The mandate issued
• 07/02/99 — Resentencing phase began in the State Circuit Court
• 11/01/04 — Jury recommended death by a vote of 11-1 (resentencing)
• 11/12/04 — Hoskins was resentenced to death
• 01/03/05 — Hoskins filed a second Direct Appeal to the Florida Supreme Court
• 04/19/07 — The convictions and sentences were affirmed
• 08/08/07 — A rehearing was denied
• 08/24/07 — The mandate was issued

The offence

On October 18, 1992, police were summoned to the residence of Dorothy Berger in Brevard County. Neighbors had noticed that her door was open and her television and air conditioner were on, but she was not home. Although there were no signs of forced entry, several items were out of place, and a shoe impression was visible in the dust on the floor. Berger’s car was also gone.

The previous evening, a witness had seen Berger’s neighbor, Johnnie Hoskins, driving a car similar to Berger’s.

After the police were called to Berger’s house, Hoskins arrived at his parent’s home in Georgia and asked to borrow a shovel. He returned to his parent’s house about 20 minutes later.

Along with blood, police found vegetation in the trunk that was later used to discover the victim’s body in a grave. Her hands were tied behind her back and her mouth was gagged. Postmortem examinations indicated the victim was raped. DNA evidence found in semen on the victim and the victim’s bed could have come from Hoskins.

Berger received several blows to the head and numerous bodily injuries. Her death was caused by strangulation.

Investigation

Police used the shoe impression visible in the dust on the floor and the discovery of the victim’s body in a grave supported by trunk evidence (blood and vegetation) associated with the car stopped in Georgia.

Arrest / custody

Hoskins was stopped in Georgia on October 19, 1992, for a traffic violation. The car was later determined to be the victim’s.

Trial

Hoskins was indicted on 11/10/1992 with the following counts:

• Count I: Robbery without a firearm
• Count II: First -Degree murder
• Count III: Sexual Battery with a deadly weapon
• Count IV: Burglary
• Count V: Kidnapping

On 03/21/94, the jury returned guilty verdicts on all counts of the indictment.

On 11/04/94, the jury recommended death by a vote of 12-0.

On 11/04/94, Hoskins was sentenced as follows:

• Count I: Robbery without a firearm — Life imprisonment
• Count II: First-Degree murder — Death
• Count III: Sexual Battery with a deadly weapon — Life imprisonment
• Count IV: Burglary — Life imprisonment
• Count V: Kidnapping — 15 years

Sentencing

Sentenced to death on 11/04/1994. Resentenced to death on 11/20/2004.

Factors contributing to the delay in imposition of sentence

The first direct appeal was remanded for a PET-Scan and medical evaluation of Hoskins. The FSC directed the Circuit Court to hold a new penalty phase. The second penalty phase took four years to conclude.

Appeals

Hoskins filed a Direct Appeal with the Florida Supreme Court on 11/21/94. In the initial Direct Appeal, Hoskins raised these issues:

1. excusal from jury service were improperly granted
2. the trial judge improperly barred neurological testing
3. the death penalty was improperly imposed
4. Florida’s death penalty statute is unconstitutional

Upon review, the FSC affirmed Hoskins’ convictions but remanded to the State Circuit Court for a PET Scan and new penalty phase.

A rehearing was denied on 06/21/99 and the mandate issued on 07/21/99.

Resentencing appeal

Hoskins began the resentencing phase in the State Circuit Court on 07/02/99. The jury recommended death by a vote of 11-1 on 11/01/04, and the sentencing judge followed the jury’s recommendation. Hoskins was resentenced to death on 11/12/04.

Hoskins filed a second Direct Appeal to the Florida Supreme Court on 01/03/05. Issues raised included:

1. overruling defense’s objection to State’s use of preemptory challenges of African American juror
2. Hoskins’ limited examination during voir dire concerning juror’s ability to “gory photographs”
3. trial court failed to give the requested limiting instructions on victim impact statements
4. trial court’s denied Hoskins’ requested jury instruction
5. the trial court improperly weighed mitigating and aggravating circumstances
6. Florida’s death penalty sentencing process is unconstitutional

The convictions and sentences were affirmed on 04/19/07. A rehearing was denied on 08/08/07 and the mandate was issued on 08/24/07.

Prior incarceration history in Florida

The prior incarceration history in the State of Florida listed these entries (Offense Date / Offense / Sentence Date / County Case No. / Prison Sentence Length):

• 10/17/1992 — 1ST DG MUR/PREMED. OR ATT. — 11/04/1994 — BREVARD 9217795 — DEATH SENTENCE
• 10/17/1992 — BURGLARY ASSAULT ANY PERSON — 11/04/1994 — BREVARD 9217795 — SENTENCED TO LIFE
• 10/17/1992 — SEX BAT/ WPN. OR FORCE — 11/04/1994 — BREVARD 9217795 — SENTENCED TO LIFE
• 10/17/1992 — KIDNAP;COMM.OR FAC.FELONY — 11/04/1994 — BREVARD 9217795 — SENTENCED TO LIFE
• 10/17/1994 — ROBB. NO GUN/DDLY.WPN — 11/04/1994 — BREVARD 9217795 — 15Y 0M 0D

Case participants

Trial:

• Ernie Chang — Assistant Public Defender (Attorney, Trial)

Direct Appeal:

• James Gibson — Public Defender
• James Wulchack — Assistant Public Defender

Direct Appeal (after resentencing):

• James Purdy — Public Defender
• Christopher Quarles — Assistant Public Defender

Collateral Appeals:

• TBA

Capital Collateral Regional Counsel-Middle:

• (listed without additional detail)

Other details

• Date of Sentence: 11/04/1994
• Date of Resentence: 11/20/2004
• The victim was Dorothy Berger.
• Berger’s death was caused by strangulation.