Connie Ray Israel

Case information

Defendant: Connie Ray Israel Date of birth: 04/09/57 Age at time of offense: Esther Hagans was 77 years old at the time of the murder. Seventh Judicial Circuit: Putnam County Case number: 93-1684 Date of offense: 12/27/91 Date of sentence: 05/28/99 Sentencing judge: The Honorable Kim C. Hammond

Status and representation

Trial: Pro Se Attorney, trial (standby/direct appeal/collateral):

• Clyde Wolfe & Wayne Henderson (Private) (Standby Counsel Attorney)
• George D.E. Burden (Assistant Public Defender attorney)
• Robert Strain & Carol Rodriguez (CCRC-M)

Timeline

• 12/27/91 — Esther Hagans did not arrive for work; police were called after a fellow employee found her car in the carport and found Hagan’s front door ajar.
• 12/28/91 — Connie Israel registered at the Palatka Holiday Inn and paid cash for two nights.
• 12/16/93 — Israel was indicted: Count I Burglary, Count II Kidnapping, Count III Sexual Battery, Count IV First-Degree Murder.
• 11/20/98 — The jury was unable to reach a verdict and a mistrial was declared.
• 01/04/02 — Israel filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 03/14/02 — The Petition for Writ of Habeas Corpus with the Florida Supreme Court was withdrawn.
• 03/01/99 — The jury returned guilty verdicts on all counts.
• 03/02/99 — The jury recommended death by a vote of 11-1.
• 05/28/99 — Israel was sentenced: Burglary life imprisonment; Kidnapping life imprisonment; Sexual Battery life imprisonment; First-Degree Murder death.
• 06/28/99 — Israel filed a Direct Appeal with the Florida Supreme Court.
• 06/16/03 — Israel’s Petition for Writ of Certiorari with the U.S. Supreme Court was denied.
• 12/01/03 — Israel filed a 3.851 Motion with the Circuit Court.
• 02/11/04 — Israel amended the 3.851 Motion.
• 08/19/05 — The Circuit Court denied the 3.851 Motion.
• 09/16/05 — Israel filed a 3.851 Motion Appeal with the Florida Supreme Court (pending).
• 04/06/06 — Israel filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court (pending).
• 12/19/02 — The Florida Supreme Court affirmed the convictions and sentences.
• 03/19/03 — Israel filed a Petition for Writ of Certiorari with the U.S. Supreme Court.

Background / victim

Victim: Esther Hagans

When Esther Hagans did not arrive for work, a fellow employee went to Hagan’s house and found her car in the carport. When the employee called Hagan’s house and found no answer, the police were called. Police found Hagan’s front door ajar and discovered her body in the bedroom. Hagans was lying naked on the bed with her legs spread apart and her hands tied behind her back. Hagans’ body had trauma to the left side of the head, cuts to the left eyebrow and temple, as well as abrasions and tears on the right side of the head, which caused major hemorrhage to the brain. Hagans’ body had external vaginal injuries consistent with sexual assault. The cause of death was a heart attack, brought on by the beating and sexual assault.

The offence

On 12/27/91, police found Esther Hagans dead in the bedroom with her hands tied behind her back and her legs spread apart, with injuries including head trauma and cuts and abrasions, major hemorrhage to the brain, and external vaginal injuries consistent with sexual assault. Police also found evidence at the scene including footprints on the front porch steps and in a drainage ditch along the side of the house. A screwdriver was found outside of a window, leading police to conclude that the point of entry into the house was a bedroom window.

Investigation

At the crime scene, police found sperm and semen stains on a pillowcase, slip, and a bedspread found in the bedroom. Semen from vaginal swabs taken from Hagan’s body was consistent with the semen found in the bedroom. Human blood was also found in a towel at the crime scene.

Police identified Connie Israel and three other individuals as suspects in the murder of Hagans. All four individuals were interviewed and had blood samples taken. DNA comparisons revealed that Israel was the source of the sperm and semen stains found at the crime scene.

Arrest / custody evidence

Arthur McComb, a legal clerk who was a cellmate of Israel, testified at trial that Israel asked for help with his case. According to McComb, Israel stated that he was charged with First-Degree Murder and that he tried to knock the victim’s head off because she tried to “gum him.” Israel also indicated that he had sexually assaulted the victim and had gone to the victim’s house to steal church money. Israel took $7,000 to $10,000 during the burglary.

Other facts and witness testimony

Hotel registration and payment: Connie Israel registered at the Palatka Holiday Inn on 12/28/91 and paid in cash for two nights.

Maryann Pittman (acquaintance): Maryann Pittman, an acquaintance of Israel, testified that she smoked crack cocaine with Israel at the hotel room. Pittman took a shower in the hotel room and noticed a pair of pants and a shirt in the bathtub, which was filled with red water. Pittman also noticed a black purse under the bed in the room and money in his wallet. Israel told her that the money was winnings from the Florida Lottery.

Melvin Shorter (acquaintance who sold cocaine): Melvin Shorter testified that he saw Israel and Pittman at the hotel and that Israel paid cash for the cocaine, telling him that he had “hit the lottery.”

Suspect identification: Israel and three other individuals were identified as suspects in the murder of Hagans.

Trial

Indictment date: 12/16/93 Counts:

• Count I: Burglary
• Count II: Kidnapping
• Count III: Sexual Battery
• Count IV: First-Degree Murder

11/20/98: Jury was unable to reach a verdict and a mistrial was declared.

03/01/99: Jury returned guilty verdicts on all counts of the indictment.

03/02/99: Jury recommended death by a vote of 11-1.

Sentencing

05/28/99: Israel was sentenced as follows:

• Count I: Burglary — Life Imprisonment
• Count II: Kidnapping — Life Imprisonment
• Count III: Sexual Battery — Life Imprisonment
• Count IV: First-Degree Murder — Death

Appeals

Direct Appeal (Florida Supreme Court): Israel filed a Direct Appeal with the Florida Supreme Court on 06/28/99, citing the following errors: conducting portions of jury selection without defendant’s presence; denying a motion for continuance; failing to grant a motion for mistrial in guilt and penalty phases for prejudicial statements; requiring physical restraints in the courtroom; ignoring nonstatutory mitigating evidence; relying on a split jury vote for recommendation of a death sentence; and disproportionality of the death sentence.

12/19/02: The Florida Supreme Court affirmed the convictions and sentences.

Habeas corpus (Florida Supreme Court): Israel filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 01/04/02 that was withdrawn on 03/14/02.

Certiorari (U.S. Supreme Court): Israel filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/19/03 that was denied on 06/16/03.

3.851 motions (Circuit Court and Florida Supreme Court):

• Israel filed a 3.851 Motion with the Circuit Court on 12/01/03 and amended the Motion on 02/11/04.
• The Circuit Court denied the motion on 08/19/05.
• Israel filed a 3.851 Motion Appeal with the Florida Supreme Court on 09/16/05 that is pending.

Outcome / current status

Israel was sentenced to death on May 28, 1999.

Collateral habeas corpus (Florida Supreme Court): Israel filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/06/06 that is pending.