Askari Abdullah Muhammad

Case record

Name: Askari Abdullah Muhammad Also known as: Thomas Knight Gender: male Date of birth: 02/04/51 Institution/Case identifiers shown: Florida Supreme Court Docket #75055; 603 So. 2d 488; Florida Supreme Court FSC# 47,599; 338 So. 2d 201; Florida Supreme Court FSC# 58,528; 394 So.2d 997; Florida Supreme Court FSC# 59,741; Florida Supreme Court FSC# 61,454; 426 So. 2d 533; United States Supreme Court USSC# 82-6865; United States Court of Appeals, 11th Circuit USCA# 86-5610; Florida Supreme Court FSC# 87,783; 721 So. 2d 287; Florida Supreme Court FSC# 75,055; 603 So. 2d 488; Florida Supreme Court FSC# 63,343; 494 So. 2d 969; Florida Supreme Court FSC# 75,055; 603 So. 2d 488; Florida Supreme Court FSC# 01-1415; 866 So. 2d 1195; Florida Supreme Court FSC# 02-1106; 866 So. 2d 1195; Florida Supreme Court FSC# 04-1366; 923 So. 2d 38; Florida Supreme Court FSC# 03-631; 923 So.2d 387; Florida Supreme Court FSC# 09-170; 22 So.3d 538; United States District Court USDC# 81-391; United States District Court USDC# 06-20570 (Pending); United States District Court Southern District USDC# 06-20570 (Pending); United States District Court Middle District USDC# 05-62; United States Court of Appeals USCA# 08-13495; United States Supreme Court USSC# 98-9741; 528 U.S. 990; 120 S. Ct. 459 (1999); United States Supreme Court USSC# 09-5401; 130 S. Ct. 1281

Timeline

• 07/17/74 — Sydney Gans and Lillian Gans were kidnapped and murdered; the defendant was arrested immediately.
• 07/17/74 — The defendant ordered Sydney Gans to drive, ordered him to pick up his wife, and ordered both to a bank to obtain $50,000.
• 09/19/74 — The defendant escaped from Dade County Jail and was later placed on the FBI’s Ten Most Wanted List; an extensive manhunt ensued.
• 10/12/80 — The murder occurred: the defendant fatally stabbed corrections Officer Richard Burke at the Florida State Prison in Starke.
• 12/03/80 — Original defense counsel Joseph H. Forbes was relieved of duties as Special Appointed Counsel; Susan Cary remained as counsel of record.
• 12/17/80 — Steven Bernstein was appointed as counsel and Susan Cary remained as co-counsel effective 01/01/81.
• 01/20/83 — The defendant was convicted and sentenced to death for the Burke murder.
• 01/18/96 — An order required return of the defendant for resentencing.
• 02/01/96 — A hearing was held regarding the defendant’s competency; the court found defendant competent to proceed.
• 03/12/96 — Resentencing occurred; both counts resulted in death sentences.
• 10/01/84 — The defendant filed a direct appeal to the Florida Supreme Court.
• 10/22/86 — A motion for rehearing was denied.
• 11/12/98 — The Florida Supreme Court affirmed the conviction and death sentence.
• 11/05/09 — The Florida Supreme Court affirmed the disposition of the lower court.
• 01/07/14 — The inmate was executed by lethal injection in Florida.

The offence

Murders of Sydney and Lillian Gans (1974)

On 07/17/74, Sydney Gans arrived at his place of business and parked his automobile. The defendant, a former employee carrying an automatic rifle, approached him and ordered Mr. Gans to get back into the vehicle and drive to his residence and pick up his wife, Lillian Gans. Once Mrs. Gans was in the vehicle, the defendant ordered Mr. Gans to drive to his bank to obtain $50,000.

While inside the bank, Mr. Gans notified the bank president that he had been kidnapped and that his wife was being held for $50,000 ransom, and the police and FBI were alerted. Mr. Gans returned to his wife and their car with the money. The defendant then ordered Mrs. Gans to drive the car in an evasive route toward South Dade County.

The FBI and local law enforcement were in pursuit and had remained undetected; they briefly lost sight of the vehicle. The defendant ordered the couple to stop in a remote area and then shot both victims in the back of the head at close range. The defendant fled the scene but was apprehended shortly thereafter.

The defendant attempted to hide from the police by burying himself in the dirt and weeds of a heavily wooded area. Police noticed bloodstains on the defendant’s pants and discovered the automatic rifle and $50,000 hidden underneath him.

The account of the events also described that the defendant kidnapped Sydney Gans and his wife at rifle-point, forcing Gans to withdraw $50,000 from a downtown Miami bank. After FBI agents tracked the car covertly to a secluded wooded area at Southwest 132nd Street and 117th Avenue, the defendant shot each of the Gans with a bullet to the neck, and he was found caked in mud with the murder weapon and money.

Attempted concealment and concealment-related conduct

The defendant attempted to hide by burying himself in dirt and weeds of a heavily wooded area after he shot the couple.

Other offence while awaiting trial (escape and alleged Georgia robbery)

Jail escape and fugitive period

On 09/19/74, while awaiting his trial, the defendant along with ten inmates escaped from the Dade County Jail. He was placed on the FBI’s Ten Most Wanted List, and an extensive manhunt ensued.

Alleged armed robbery, murder, and aggravated battery in Cordele, Georgia

While on escape status, the defendant allegedly committed a murder and armed robbery in Cordele, Georgia. Crisp County authorities described that the defendant and another subject entered a liquor store and asked for a bottle. When the clerk retrieved the bottle, he was told to hand over the money. The defendant and codefendant demanded both clerks’ wallets and started shooting.

Mr. William Culpepper was shot three times and was killed. Mr. A.V. Norton was shot twice. The defendant and codefendant fled taking $641.00.

The defendant was arrested in New Smyrna Beach, Florida on 12/31/74. At the time of arrest, the defendant was in possession of a sawed-off shotgun, a .38 caliber revolver, and a 9mm automatic. Those weapons were reported stolen from Titusville, Florida.

Previous reports indicated that Georgia authorities did not prosecute the defendant due to his Florida death sentence. The defendant’s codefendant was charged with only the Aggravated Battery charge.

The offence (prison murder of corrections Officer Richard Burke, 1980)

Background leading to the attack

On 10/12/80 at 9:45 a.m., a guard at the Florida State Prison told the defendant, a death row inmate in Dade County Case# F74-5978, that he had a visitor; however, prior to the approval of the visit, he must shave in compliance with prison regulations. The defendant refused to comply and therefore was denied the visit.

When the guard was exiting, the guard and another guard overheard the defendant state, “Well, it looks like I will have to start sticking people.”

Stabbing and immediate circumstances

Officer Burke, the victim, was escorting the death row inmates to the showers. When Burke unlocked the defendant’s cell, the defendant attacked him with a homemade knife described as a sharpened spoon. During the attack, another officer overheard screams of Officer Burke and called for help.

Within seconds, two other officers were present and observed Officer Burke lying on his back trying to fend off the defendant’s blows. The defendant complied with an order to back off and discarded the weapon in a trash container.

More than a dozen wounds were inflicted on Officer Burke, including a fatal stab wound to the heart.

An additional account described that the execution warrant was technically issued for the fatal stabbing of corrections officer Richard Burke in 1980, and that the prison would not let the defendant see his mother for her first visit. It also described that the defendant became upset because he was told he couldn’t see a visitor unless he shaved his full beard.

Investigation and arrest

Apprehension for the 1974 abduction and murders

After the defendant shot Sydney and Lillian Gans, he was apprehended shortly thereafter. Police discovered the defendant buried in the mud atop $50,000 in stolen cash and the rifle.

FBI tracking of the vehicle

FBI and local law enforcement pursued the car after the bank incident; they briefly lost sight of the vehicle during the evasive route, and the car was later recovered in a remote wooded area where the shootings occurred.

Arrest during escape period

The FBI agents arrested the subject in New Smyrna Beach, Florida on 12/31/74. The arrest occurred after the escape from the Dade County Jail and during the manhunt on the FBI’s Ten Most Wanted List.

Trial

Plea and proceedings for the Gans murders (1975 trial)

The defendant was arraigned and entered a plea of not guilty on 08/30/74. On 04/01/75, a plea of not guilty by reason of insanity was entered.

On 04/19/75, the defendant was found guilty by the trial jury of two counts of First-Degree Murder as charged in the indictment. Upon advisory sentencing, the jury by a majority recommended the death penalty.

On 04/21/75, the defendant was sentenced:

• Count I: First-Degree Murder (Lillian Gans) — Death
• Count II: First-Degree Murder (Sydney Gans) — Death

Burke murder trial and sentencing (1980s proceedings)

The defendant was arrested and stood trial for the fatal stabbing of a prison guard while incarcerated on death row (CC# 80-341CF); the murder occurred on 10/12/80. He was convicted and sentenced to death for this offense on 01/20/83.

A separate trial summary set out additional procedural events:

• 12/03/80 — Joseph H. Forbes was relieved as Special Appointed Counsel; Susan Cary remained co-counsel.
• 01/21/81 — Judge R.A. Green Jr. recused himself; Judge Wayne M. Carlisle was appointed.
• 05/25/82 — Trial ended in a mistrial.
• 05/26/82 — Judge Wayne M. Carlisle recused himself; the case was reassigned to Judge Chester B. Chance.
• 06/07/82 — Court ordered defendant competent to stand trial.
• 06/15/82 — Court granted motion allowing defendant to represent himself; Stephen Bernstein discharged as legal counsel but requested as standby counsel.
• 07/20/80 — Court granted motion for Stephen Bernstein to be relieved as standby counsel.
• 10/26/82 — Defendant was found guilty (under the name of Askari Abdullah Muhammad) by the trial jury of First-Degree Murder as charged in the indictment. The defendant waived consideration by the jury of an advisory sentence; therefore the cause proceeded to the Court without the jury recommendation.

Sentencing for Burke murder:

• 01/20/83 — The defendant was sentenced: Count I: First-Degree Murder — Death.

Sentencing

Death sentence for Gans murders

• 04/21/75 — Death sentences were imposed for both counts: Lillian Gans and Sydney Gans.
• 01/18/96 — An order required return for resentencing.
• 03/12/96 — Resentencing was ordered and death sentences were reimposed:

Death sentence for Burke murder

• 01/20/83 — The defendant was convicted and sentenced to death for the Burke murder (CC# 80-341CF).

Appeals

Florida Supreme Court and federal habeas activity (Gans murders and resentencing chain)

The record described multiple direct appeals and postconviction proceedings, including:

• Florida Supreme Court direct appeal FSC# 47,599; 338 So. 2d 201; 05/20/75 — appeal filed; 09/30/76 — Florida Supreme Court affirmed convictions and death sentence.
• Florida Supreme Court petition for writ of habeas corpus FSC# 58,528; 01/22/80 — petition filed.
• 02/06/80 — Florida Supreme Court transferred the petition to the trial court to be treated as a 3.850 Motion for postconviction relief.
• 02/12/80 — motion received per Florida Supreme Court order.
• 08/15/80 — trial court dismissed motion and determined it should be treated as a habeas by the Florida Supreme Court.
• Florida Supreme Court petition for writ of habeas corpus FSC# 59,741; 394 So. 2d 997; 10/01/80 — petition filed; 02/24/81 — petition denied.
• 02/20/81 — motion filed; 08/25/81 — motion denied.
• United States District Court, Southern District; USDC# 81-391; 02/24/81 — petition filed; 02/26/81 — stay of execution granted.
• 06/27/86 — petition dismissed.

Further Florida Supreme Court proceedings included:

• 11/03/81 — appeal filed in Florida Supreme Court; 12/16/82 — FSC affirmed denial of 3.850; 03/02/83 — rehearing denied; 04/11/83 — mandate issued.
• United States Supreme Court; USSC# 82-6865; 06/09/83 — certiorari petition filed; 10/06/83 — petition denied.

United States Court of Appeals proceedings included:

• USCA# 86-5610; 07/30/86 — appeal filed; 09/06/89 — remanded to grant habeas petition unless State resentenced in accordance with Lockett; 09/06/89 — mandate issued.
• Florida Supreme Court direct appeal (resentencing) FSC# 87,783; 721 So. 2d 287; 04/22/96 — appeal filed; 11/12/98 — FSC affirmed conviction and death sentence; 03/11/99 — rehearing denied.

United States Supreme Court proceedings included:

• USSC# 98-9741; 528 U.S. 990; 120 S. Ct. 459 (1999); 06/09/99 — petition filed; 11/08/99 — petition denied.

Additional postconviction activity described:

• 11/07/00 — motion filed; 01/15/03 — motion denied.
• Florida Supreme Court 03-631; 923 So.2d 387; 11/03/05 — appeal filed; 04/08/03 — FSC affirmed; 02/24/06 — rehearing denied; 03/13/06 — mandate issued.
• Florida Supreme Court petition for writ of habeas corpus FSC# 04-1366; 923 So.2d 38; 07/12/04 — petition filed; 11/03/05 — petition denied; 02/24/06 — rehearing denied; 03/13/06 — mandate issued.
• United States District Court, Southern District; USDC# 06-20570 (Pending); 11/03/05 — petition filed.

Florida Supreme Court and federal habeas activity (Burke murder chain)

For the Burke murder:

• Florida Supreme Court direct appeal FSC# 63,343; 494 So. 2d 969; 10/01/84 — appeal filed; 07/17/86 — FSC affirmed conviction and death sentence; 10/22/86 — motion for rehearing denied; 11/25/86 — mandate issued.
• United States Supreme Court; USSC# 86-6092; 497 U.S. 1101 (1987); 01/09/87 — petition filed; 02/23/87 — petition denied.
• State Circuit Court — 3.850 Motion CC# 80-34CF; 02/23/89 — motion filed; 08/31/89 — motion denied.
• Florida Supreme Court — 3.850 Appeal FSC# 75,055; 603 So. 2d 488; 11/27/89 — appeal filed; 06/11/92 — FSC reversed and remanded for an evidentiary hearing; 09/17/92 — rehearing denied and mandate issued.
• State Circuit Court — 3.850 Motion (On Remand from FSC) CC# 80-34CF; 06/12/00 — evidentiary hearing held; 05/21/01 — trial court granted motion for postconviction relief in part and ordered new sentencing hearing.
• Florida Supreme Court — Appeal of 3.850 Motion; FSC# 01-1415; 866 So. 2d 1195; 06/26/01 — appeal filed; 08/21/03 — FSC reversed trial court’s order vacating death sentence.
• Florida Supreme Court — Petition for Writ of Habeas Corpus; FSC# 02-1106; 866 So. 2d 1195; 08/21/03 — petition denied; 01/20/04 — mandate issued.
• United States Supreme Court; USSC# 03-9494; 124 S. Ct. 2396; 158 L. Ed. 2d 969 (2004); 03/18/04 — petition filed; 05/24/04 — petition denied.
• United States District Court, Middle District; USDC# 05-62; 01/18/05 — petition filed; 03/26/08 — petition denied; dismissed with prejudice.
• 07/02/08 — certificate of appealability filed; 08/25/08 — certificate denied.
• United States Court of Appeals, 11th Circuit; USCA# 08-13495; 06/16/08 — appeal filed; 01/09/09 — certificate denied.
• United States Supreme Court; USSC# 09-5401; 130 S.Ct. 1281; 07/13/09 — petition filed; 01/25/10 — petition denied.
• Circuit Court — 3.851 Motion CC# 80-341CF; 07/24/08 — motion filed; 09/09/08 — motion denied.
• Florida Supreme Court — 3.850 Appeal FSC# 09-170; 22 So.3d 538; 02/02/09 — appeal filed; 11/05/09 — FSC affirmed the disposition of the lower court.

Other details

Mental health issues and competency

The record stated that there had been mental health issues throughout the case most of which were presented to the trial court. Numerous mental health experts testified on the defendant’s behalf claiming longstanding mental health problems that may include schizophrenia. Experts for the State determined the defendant had a personality disorder but was a “malingerer” and not schizophrenic. The record also stated that the defendant was determined competent to stand trial.

Hearing and competency references for Burke murder proceedings

In February 1999, competency hearings began. Reports were presented in November 1999. In December 1999, the defendant was determined to be competent.

Disruptive courtroom behavior and courtroom bans

During resentencing in 1996, the defendant was repeatedly banned from the courtroom because of disruptive behavior. The record also stated that he cursed at the judge and lawyers and yelled “Allahu Akbar!” — “God is great” in Arabic during his 1996 resentencing.

Conversion to Islam

The record stated that the defendant converted to Islam in prison, changing his name from Knight.

Escape-related fatal robbery and later prosecution status

The record stated that Georgia authorities did not prosecute the defendant due to his Florida death sentence, and that he was never tried in that case.

Death warrant and clemency/late stays

Death warrant dates included:

• 01/29/81 — a death warrant was signed by Governor Bob Graham.
• 02/26/81 — a United States District Court granted a stay of execution.
• 12/12/79 — a clemency hearing was denied.

The execution that occurred on 01/07/14 was described as following numerous appeals and rulings, including a 1987 federal appeals court decision tossing out the original death sentence because the defendant had not been allowed to put character and background witnesses on the stand during the penalty phase. It further described that the U.S. Supreme Court refused to hear final appeals, and that Justice Stephen Breyer dissented and would have granted a stay to hear claims that it may be unconstitutional to execute an inmate after such a long time on death row. The record also described an execution delay associated with a new drug used in the lethal injection process and that the state’s high court did not agree.

Execution day and last words

The defendant was pronounced dead at 6:45 p.m. after a lethal injection at Florida State Prison. An account described that the execution took place in the same prison where the defendant killed corrections officer Richard Burke in 1980.

The record described a question about last words and provided the response:

• When asked if he had any last words, the defendant muttered: “No.”

It also described that the execution was for Burke’s killing, and that he declined to make any statement before the sentence was carried out. A small group opposed to the death penalty protested outside the prison.

Outcome

The defendant was executed by lethal injection in Florida on January 7, 2014, following death sentences imposed in Florida on April 21, 1975 and January 20, 1983, and resentencing on March 12, 1996.