Bryan Frederick Jennings

Case overview

Bryan Frederick Jennings was born on 12/09/58 and was tried in the Eighteenth Judicial Circuit, Brevard County, Florida (Case # 79-773; DC# 073045). He was sentenced to death on 05/07/80 for premeditated first-degree murder and received additional life sentences for kidnapping, sexual battery on a victim under 11 years of age, and burglary with intent to commit sexual battery.

The victim was Rebecca Kunash, who was six years old. The nude body of Rebecca Kunash was found in a Brevard County canal on May 11, 1979. According to the autopsy report, she suffered a fractured skull. She had been raped, and asphyxiation was the final cause of death.

Timeline

• 05/11/79 — The nude body of six-year-old Rebecca Kunash was found in a Brevard County canal.
• 05/16/79 — Bryan Jennings was indicted on multiple counts.
• 01/07/80 — Defendant was indicted as follows. (Fragment appears in the record run-on; the list of counts is preserved in this record.)
• 02/07/80 — Defendant was found guilty on all counts.
• 02/11/80 — The jury verdict followed. (The record lists 02/11/80 after 02/07/80; the facts are preserved as given.)
• 05/07/80 — Defendant was sentenced; Count I received death.
• 06/02/80 — Direct Appeal was filed with the Florida Supreme Court.
• 04/08/82 — The Florida Supreme Court vacated convictions and sentences and remanded for a new trial.
• 07/15/82 — Second trial verdict was rendered on the listed counts.
• 07/16/82 — Jury recommended death by a vote of 9 to 3.
• 09/03/82 — Defendant was resentenced.
• 09/10/82 — A second Direct Appeal was filed with the Florida Supreme Court.
• 07/12/84 — The Florida Supreme Court affirmed the conviction and sentence of death.
• 09/10/84 — A Petition for Writ of Certiorari was filed with the United States Supreme Court.
• 02/25/85 — The United States Supreme Court vacated judgment and remanded to the Florida Supreme Court for further consideration; later further consideration resulted in a new trial remand.
• 05/23/85 — The Florida Supreme Court vacated the decision and remanded the case for a new trial; Jennings’ confession was suppressed.
• 03/31/86 — Third trial verdict was rendered on the listed counts.
• 04/08/86 — Jury recommended death by a vote of 11 to 1.
• 04/25/86 — Defendant was resentenced.
• 05/29/86 — A third Direct Appeal was filed with the Florida Supreme Court.
• 08/27/87 — The Florida Supreme Court affirmed the conviction and sentence.
• 12/24/87 — A Petition for the Writ of Certiorari was filed with the United States Supreme Court.
• 02/22/88 — The United States Supreme Court denied certiorari.
• 10/26/89 — A Petition for Habeas Corpus was filed with the Florida Supreme Court.
• 06/13/91 — The Florida Supreme Court denied the habeas corpus petition.
• 10/23/89 — A 3.850 Motion was filed with the circuit court.
• 10/26/89 — The 3.850 Motion was denied by the circuit court.
• 03/14/90 — A 3.850 Appeal was filed with the Florida Supreme Court.
• 01/16/92 — A 3.850 was filed with the circuit court.
• 03/18/98 — The 3.850 filed with the circuit court was denied.
• 06/13/94 — A 3.850 Appeal was filed with the Florida Supreme Court.
• 12/20/94 — The Florida Supreme Court dismissed the 3.850 appeal per the State’s motion that the appeal was prematurely filed.
• 05/26/98 — Another 3.850 Appeal was filed with the Florida Supreme Court.
• 03/22/01 — The Florida Supreme Court affirmed the circuit court’s denial of the 3.850.
• 07/02/02 — A Petition for Writ of Habeas Corpus was filed with the United States District Court, Northern District.
• 09/29/05 — The United States District Court, Northern District, denied the petition for habeas corpus.
• 10/02/02 — A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court.
• 06/18/03 — The Florida Supreme Court denied the habeas corpus petition.
• 12/08/03 — A Petition for Writ of Certiorari was filed with the United States Supreme Court.
• 03/22/04 — The United States Supreme Court denied the petition for certiorari.
• 11/14/05 — A Petition for Writ of Habeas Corpus Appeal was filed with the U.S. Court of Appeals, 11th Circuit, and remained pending in the record.

The offence

The nude body of six-year-old Rebecca Kunash was found in a Brevard County canal on May 11, 1979. The autopsy report described a fractured skull, rape, and asphyxiation as the final cause of death.

At trial, the evidence compiled suggested that Bryan Jennings broke into Rebecca’s bedroom and covered her breathing passages until she lost consciousness. Upon exiting the house, Jennings threw the victim down, causing her head to strike the pavement with enough force to fracture her skull. He then moved the victim to a canal close by, sexually assaulted her, and held her head underwater for approximately ten minutes.

Investigation and evidence

Shortly after the murder, Jennings was arrested on an Orange County traffic warrant.

On May 12, officers awakened Jennings at 1:00 a.m. for the purpose of questioning him about Rebecca’s murder. Jennings indicated that he wanted an attorney after he was read his rights. The investigator explained Jennings’ rights and said he hoped Jennings would continue questioning at that time. Jennings decided he would talk to the investigating officer if he was allowed a brief recess to gather his thoughts. Five minutes later, Jennings returned and consented to proceed with questioning without his attorney.

During the interrogation, Jennings initially said that he was not involved in the murder. When the investigator pressed him, Jennings made an incriminating statement. This statement resulted in police gaining possession of clothing items, hand-drawn maps, and pictures, all of which were later introduced into evidence.

Later proceedings resulted in a finding that Jennings’ confession was suppressed, following the remand and further consideration described in the appellate history.

Arrest

Jennings was arrested shortly after the murder on an Orange County traffic warrant.

Trial

Indictment

Defendant was indicted as follows:

• Count I: Premeditated First-Degree Murder
• Count II: Felony First-Degree Murder
• Count III: Felony First-Degree Murder
• Count IV: Kidnapping
• Count V: Sexual Battery on victim under 11 years of age
• Count VI: Sexual Battery on victim under 11 years of age
• Count VII: Sexual Battery on victim under 11 years of age
• Count VIII: Burglary with intent to commit sexual battery
• Count IX: Aggravated Battery

First trial verdict and sentencing

Defendant was found guilty on all counts on 02/07/80 (with the record also listing 02/11/80 following this).

On 05/07/80, Defendant was sentenced as follows:

• Count I: Premeditated First-Degree Murder – Death
• Count IV: Kidnapping – Life sentence
• Count V: Sexual Battery on victim under 11 years of age – Life sentence
• Count VI: Sexual Battery on victim under 11 years of age – Life sentence
• Count VIII: Burglary with intent to commit sexual battery – Life sentence

The jury voted for a sentence of Death by a vote of 11 to 1.

First appeal issue: denial of cross-examination

A Direct Appeal was filed with the Florida Supreme Court (FSC) on 06/02/80. Issues raised included whether the defendant was denied the benefit of cross-examination of a vital and material witness.

Before trial, the state announced it would call an inmate named Allen Kruger as a witness. Kruger said that while he was in jail, he overheard Jennings make incriminating statements to his cellmate. The assistant public defender representing Jennings attempted to withdraw as counsel because Kruger had also been represented by a public defender. At this point, Kruger was awaiting sentencing for his conviction of Second-Degree Murder. The trial judge denied the counsel’s request to withdraw, and this decision was upheld by higher courts.

At the trial, Kruger testified that Jennings confessed to the murder and provided details, such as how he had beaten and then killed the victim. The public defender representing Jennings refused to cross-examine Kruger, maintaining that to cross-examine the witness would be a violation of the code of professional responsibility. The trial judge insisted the public defender cross-examine the witness, but the public defender refused and no cross-examination occurred.

The Florida Supreme Court agreed that the defendant was denied a fair trial. On 04/08/82, both the conviction and sentence were vacated and the case was remanded to the circuit court for a new trial.

Second trial verdict and resentencing

The second trial verdict was as follows:

• Count I: Premeditated First-Degree Murder – Guilty
• Count IV: Kidnapping – Guilty
• Count V: Sexual Battery on victim under 11 years of age – Guilty
• Count VI: Sexual Battery on victim under 11 years of age – Not Guilty
• Count VII: Sexual Battery on victim under 11 years of age – Guilty
• Count VIII: Burglary with intent to commit sexual battery – Guilty

On 07/16/82, the jury recommended Death by a vote of 9 to 3.

On 09/03/82, Defendant was resentenced as follows:

Second appeal and suppression of confession

A second Direct Appeal was filed with the FSC on 09/10/82. Issues raised included whether the trial court erred in allowing admissions made by defendant pursuant to police interrogation and after proper waiver of counsel.

On 07/12/84, the FSC affirmed the conviction and sentence of Death. A Petition for Writ of Certiorari was filed with the United States Supreme Court on 09/10/84. The USSC granted Certiorari, vacated judgment, and remanded the case to the FSC for further consideration on 02/25/85, in light of Shea v. Louisiana and Smith v. Illinois.

After further consideration, the FSC vacated the decision and remanded the case to the circuit court for a new trial on 05/23/85, stating that Jennings’ confession was now suppressed. Jennings was resentenced again on 04/25/86.

Third trial verdict and resentencing

The third trial verdict was as follows:

• Count II: Felony First-Degree Murder – Guilty
• Count III: Felony First-Degree Murder – Guilty
• Count IV: Kidnapping – Guilty

On 04/08/86, the jury recommended Death by a vote of 11 to 1.

On 04/25/86, Defendant was resentenced as follows:

• Count I: First-Degree Murder – Death

Appeals

Third Direct Appeal and denial of further review

A third Direct Appeal was filed on 05/29/86. Issues raised included whether application of the “fruit of the poisonous tree” doctrine required suppression of specific photographs taken as a result of an illegally obtained confession. All of the issues raised were found to be either harmless or without merit.

On 08/27/87, the FSC affirmed the conviction and sentence. A Petition for the Writ of Certiorari was filed on 12/24/87 and denied on 02/22/88.

State post-conviction proceedings

A Petition for Habeas Corpus was filed with the FSC on 10/26/89 and denied on 06/13/91.

A 3.850 Motion was filed with the circuit court on 10/23/89 and denied on 10/26/89. A 3.850 Appeal was filed with the FSC on 03/14/90. Issues raised included whether the state withheld material, exculpatory evidence in violation of Brady v. Maryland. The FSC did not find a Brady violation; however, it found merit to the claim that Jennings was entitled to certain portions of the state’s files as public records under Chapter 119. Based on the public records request, the 3.850 Appeal was granted in part and denied in part, giving Jennings additional time to file any new Brady claims that might arise from disclosure of state files.

A 3.850 was filed with the circuit court on 01/16/92 and denied on 03/18/98. A 3.850 Appeal was filed with the FSC on 06/13/94 and dismissed on 12/20/94 per the State’s motion that the appeal was prematurely filed.

Another 3.850 Appeal was filed with the FSC on 05/26/98. Issues raised included whether the trial court erred in denying relief based on appellant’s Brady and Strickland claims and whether defendant’s counsel was ineffective. The FSC deemed all claims either harmless or without merit and affirmed the circuit court’s denial of the 3.850 on 03/22/01.

Federal habeas corpus and certiorari

A Petition for Writ of Habeas Corpus was filed with the United States District Court, Northern District, on 07/02/02 and denied on 09/29/05.

A Petition for Writ of Habeas Corpus was filed with the FSC on 10/02/02 and denied on 06/18/03.

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 12/08/03 and denied on 03/22/04.

A Petition for Writ of Habeas Corpus Appeal was filed with the U.S. Court of Appeals, 11th Circuit, on 11/14/05 and remained pending.

Sentencing

• 05/07/80 — Count I: Premeditated First-Degree Murder – Death; Count IV: Kidnapping – Life sentence; Count V: Sexual Battery on victim under 11 years of age – Life sentence; Count VI: Sexual Battery on victim under 11 years of age – Life sentence; Count VIII: Burglary with intent to commit sexual battery – Life sentence.
• 09/03/82 — Count I: Premeditated First-Degree Murder – Death; Count IV: Kidnapping – Life sentence; Count V: Sexual Battery on victim under 11 years of age – Life sentence; Count VIII: Burglary with intent to commit sexual battery – Life sentence.
• 04/25/86 — Count I: First-Degree Murder – Death; Count IV: Kidnapping – Life sentence; Count V: Sexual Battery on victim under 11 years of age – Life sentence; Count VIII: Burglary with intent to commit sexual battery – Life sentence.

Other details

Victim

Rebecca Kunash was six years old.

Participants and judicial officers

• Sentencing Judge (Trial I): The Honorable Tom Waddell
• Sentencing Judge (Resentencing I): The Honorable Clarence Johnson, Jr.
• Sentencing Judge (Resentencing II): The Honorable Charles M. Harris

Attorneys

• Trial I: Joan Bickerstaff & Leland Wooten – Assistant Public Defenders
• Trial II: Stanley R. Andrews – Private Attorney
• Trial III: Vincent W. Howard – Private Attorneys

Appeals counsel

• Direct Appeal I: James R. Wulchak & Michael S. Becker – Assistant Public Defenders
• Direct Appeal II: Christopher S. Quarles – Assistant Public Defender
• Direct Appeal III: Christopher S.

Collateral appeals

• Collateral Appeals: Martin McClain

Records and timing details

• Date of Offense: 05/11/79
• Date of Sentence: 05/07/80
• Date of First Resentencing: 09/03/82
• Date of Second Resentencing: 04/25/86

Trial list of counts and verdicts across trials

The record included verdict outcomes and sentencing across multiple counts and trials, including a second-trial not guilty verdict for Count VI and third-trial guilty verdicts for Counts II and III.