Brett Bogle

Case information

• Supreme Court of Florida opinion 81345
• DC# 110365
• Date of birth: 05/01/69
• Thirteenth Judicial Circuit, Hillsborough County
• Case #91-12952
• Sentencing Judge: The Honorable Susan Bucklew
• Trial Attorneys: Douglas Roberts & Paul Firmani – Assistant Public Defenders
• Attorney (Direct Appeal): Robert F. Moeller – Assistant Public Defender
• Attorney (Collateral Appeals): Linda McDermott – Registry

Timeline

• 09/01/91 — Brett Bogle and Margaret Torres began an argument; Bogle broke through a screen door and pushed past Katie Alfonso to stop Torres from calling 911; Bogle warned Torres he would kill her if she told the police and pressed charges; Bogle went to a local bar and was seen speaking briefly with Torres.
• 09/13/91 — Bogle ran into Torres at a local bar; Torres left at 1 a.m.; Bogle was seen leaving five minutes later; Torres’ nude body was found the next day close to the bar.
• 09/14/91 — Defendant arrested.
• 10/02/91 — Defendant indicted on: Count I: First-Degree Murder; Count II: Burglary with Assault; Count III: Retaliation Against a Witness; Count IV: Robbery.
• 10/01/92 — Jury found the defendant guilty on Counts I, II, & III; Bogle was found not guilty on Count IV – Robbery.
• 10/02/92 — Upon advisory sentencing, the jury by a 7 to 5 majority voted for the death penalty.
• 12/22/92 — Order granting Motion for Retrial – Penalty Phase.
• 02/10/93 — Upon advisory sentencing at the second penalty phase, the jury by a 10 to 2 majority voted for the death penalty.
• 02/15/93 — Sentenced: Count I: First-Degree Murder – Death; Count II: Burglary with Assault – Life in Prison; Count III: Retaliation Against a Witness – 5 years.
• 03/01/93 — Bogle filed a Direct Appeal in the Florida Supreme Court.
• 02/16/95 — Florida Supreme Court affirmed the convictions and sentence of death.
• 07/17/95 — Mandate was issued.
• 09/13/95 — Bogle filed a Petition for Writ of Certiorari.
• 11/13/95 — Petition for Writ of Certiorari denied.
• 03/18/97 — Bogle filed a 3.850 Motion in the State Circuit Court.
• 07/05/00 — Amended Motion filed.
• 11/30/00 — Amended Motion filed.
• 06/13/03 — Amended Motion filed.
• 03/10/04 — Evidentiary hearing held.
• 04/24/06 — Evidentiary hearing held.

Background

Brett Bogle was convicted and sentenced to death for the murder of Margaret Torres on 09/13/91. Margaret Torres stayed with her sister, Katie Alfonso, four to five nights a week. In June 1991, Alfonso met the defendant, and soon after, Bogle moved in with the two sisters. Since Bogle and Torres never got along, Alfonso had to ask him to move out. The three remained acquaintances and went out together on 09/01/91, the week after Bogle moved out.

The offence

During the course of the evening on 09/01/91, Bogle and Torres began to argue. The sisters refused to let him in their house, but Bogle broke through the screen door and pushed his way past Alfonso to stop Torres from calling 911. Bogle warned Torres that he would kill her if she told the police and pressed charges.

Bogle called Alfonso a few days after the incident and again threatened that if Torres contacted the police, she would not live to tell about it.

On 09/13/91, Bogle ran into Torres at a local bar. Witnesses testified that Bogle was clean and free of any visible injuries when he entered the bar and that he and Torres spoke briefly. Torres left the bar at 1 a.m., and the defendant was seen leaving five minutes later. When Bogle was seen 45 minutes later outside the bar, his clothes were soiled, his crotch was damp and his face was scratched.

Torres’ nude body was found the next day close to the bar. She had been beaten severely, her head had been crushed with a piece of cement, and medical examiners found semen in her vagina and anus. Tests confirmed that the semen matched Bogel’s DNA type, and that only 12.5 percent of white males could have left that particular type of semen.

Investigation and arrest

• 09/14/91 — Defendant arrested.

Trial

The defendant was indicted on 10/02/91.

The jury found the defendant guilty on Counts I, II, & III on 10/01/92:

• Count I: First-Degree Murder — guilty
• Count II: Burglary with Assault — guilty
• Count III: Retaliation Against a Witness — guilty
• Count IV: Robbery — found not guilty

Upon advisory sentencing on 10/02/92, the jury voted for the death penalty by a 7 to 5 majority.

On 12/22/92, an order granted Motion for Retrial – Penalty Phase.

Upon advisory sentencing at the second penalty phase on 02/10/93, the jury voted for the death penalty by a 10 to 2 majority.

Sentencing

On 02/15/93, the defendant was sentenced as followed:

• Count I: First-Degree Murder — Death
• Count II: Burglary with Assault — Life in Prison
• Count III: Retaliation Against a Witness — 5 years

Appeals

On 03/01/93, Bogle filed a Direct Appeal in the Florida Supreme Court. In his appeal, Bogle cited that the court erred in allowing the State Attorney’s Office of the 13th Circuit to handle his case when that office had hired one of his defense attorneys. Bogle also argued that the court prevented the penalty phase jury from hearing important evidence. He also claimed that the court erred in its application of several aggravating factors.

The Florida Supreme Court affirmed the convictions and sentence of death on 02/16/95. The mandate was issued on 07/17/95. Bogle filed a Petition for Writ of Certiorari on 09/13/95, which was denied on 11/13/95.

Outcome and aftermath

Subsequent to his initial sentencing, Bogle was granted a new penalty phase by the Circuit Court on 12/22/92. During the second penalty phase, the judge sentenced the defendant to death on 02/15/93.

Bogle filed a 3.850 Motion in the State Circuit Court on 03/18/97 and amended the Motion on 07/05/00, 11/30/00, and 06/13/03. Evidentiary hearings were held on 03/10/04 and 04/24/06. The Motion is pending.