Jose Antonio Jimenez

Case record

Jose Antonio Jimenez (DOB: 10/12/63) was sentenced to death on December 14, 1994.

Background

Jimenez entered the home of Phyllis Minas, a 63-year-old woman, and beat and stabbed her to death.

The offence

Jimenez beat and stabbed Phyllis Minas to death in Minas’ apartment. Minas’ neighbors heard her scream “Oh God, Oh my God!” during the attack. The neighbors attempted to enter the apartment through Minas’ unlocked front door. As they were attempting to enter, Jimenez slammed the front door shut and locked it. Jimenez left the apartment by going through the bedroom and out to the balcony. Jimenez jumped over to the neighboring apartment’s balcony and then jumped down to the ground.

Jimenez cleaned himself up and changed clothes before approaching neighbors in the hallway. Jimenez asked one of the female neighbors whether he could use her phone to call a cab.

Fingerprints were found on the inside of the front door of Minas’ apartment that matched Jimenez’s prints.

Investigation

When rescue workers arrived within minutes of the attack, Minas was still alive.

Arrest

Jimenez was arrested at his parents’ home in Miami, Florida, three days after the crime.

Trial

On 10/21/92, the defendant was indicted with:

• Count I: First-Degree Murder
• Count II: Burglary with Assault

On 10/06/94, the defendant was found guilty by the trial jury on all counts.

On 11/10/94, the jury recommended Death by a vote of 12 to 0.

On 12/14/94, the defendant was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Burglary with Assault — Life sentence

The case information specified that sentences were to run consecutively.

Sentencing

Sentencing occurred on 12/14/94, with Count I resulting in a death sentence and Count II resulting in a life sentence.

Appeals

A Direct Appeal was filed with the Florida Supreme Court on 01/17/95. Issues raised included whether the trial court erred by impermissibly restricting Jimenez’s right to cross-examine and whether the trial court conducted an insufficient hearing and improperly denied Jimenez’s request to discharge his court-appointed counsel. The Florida Supreme Court found all claims either harmless or without merit and affirmed the convictions and sentence of death on 10/30/97.

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 02/05/98 and denied on 05/18/98.

A 3.850 Motion was filed with the circuit court on 02/01/00 and was denied on 06/08/00.

A 3.850 Appeal was filed on 07/05/00 and the Florida Supreme Court affirmed the Circuit Court’s denial of the 3.850 on 09/26/01.

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 07/12/01 and was dismissed on 11/13/01.

A Petition for Writ of Certiorari was filed on 12/06/01 and denied on 05/13/02.

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 12/11/02 and denied on 06/10/03.

A Petition for Writ of Habeas Corpus was filed with the United States District Court on 01/20/04 and amended on 04/27/05. On 01/30/06, the USDC denied the petition.

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 05/26/04 and was denied on 03/18/05.

A 3.851 Motion was filed with the Circuit Court on 04/28/05 and was denied on 09/15/05.

A 3.851 Motion Appeal was filed with the Florida Supreme Court on 12/22/05 that is pending.

Outcome

The Florida Supreme Court affirmed the convictions and sentence of death on 10/30/97.

Other details

The case listing included:

• United States Court of Appeals For the Eleventh Circuit opinion 06-14523
• Florida Supreme Court opinion 85014
• Florida Supreme Court opinion SC00-1436
• Florida Supreme Court opinion SC05-2373
• DC# 406677
• Eleventh Judicial Circuit, Dade County
• Case # 92-34156
• Sentencing Judge: The Honorable Leslie Rothenberg
• Trial Attorneys: Michael Matters & Andrew Kassier – Special Public Defenders
• Attorney, Direct Appeal: J. Rafael Rodriguez – Special Appointed Public Defender
• Collateral Appeals: Martin McClain – Registry

Date of Offense: 10/02/92 Date of Sentence: 12/14/94 The case summary included an additional conviction for a different crime perpetrated on 10/19/90: Jimenez was subsequently convicted of Second-Degree Murder, Robbery with a Deadly Weapon, and Burglary with Assault. He was sentenced to 17 years for the Murder, 17 years for the Robbery, and 15 years for the Burglary.