Gregory Kokal

Case overview

Gregory Alan Kokal was convicted of first-degree murder and was sentenced to death on November 14, 1984.

Kokal was an appellant in Gregory Alan Kokal, Appellant, vs. State of Florida, Appellee in the Florida Supreme Court matter associated with Docket #66305.

Timeline

• 09/29/83 — Gregory Alan Kokal and William O’Kelly picked up a hitchhiker, victim Jeffrey Russell, and later attacked and robbed him before fatally shooting him.
• 10/04/83 — Kokal was indicted with Count I: First-Degree Murder.
• 10/04/84 — Kokal was indicted with Count I: First-Degree Murder.
• 10/12/84 — Kokal was found guilty of First-Degree Murder.
• 11/14/84 — A jury recommended death by a vote of 12-0.
• 11/14/84 — Kokal was sentenced to death.
• 12/21/84 — A direct appeal was filed to the Florida Supreme Court.
• 07/17/86 — The Florida Supreme Court affirmed the conviction and sentence of death.
• 08/25/88 — A death warrant was signed by Governor Bob Martinez.
• 09/26/88 — A 3.850 Motion was filed to the Circuit Court.
• 10/12/88 — A stay was granted by the Circuit Court.
• 04/14/97 — The 3.850 Motion was denied by the Circuit Court.
• 05/23/97 — A 3.850 Appeal was filed to the Florida Supreme Court.
• 07/16/98 — The Florida Supreme Court denied the petition.
• 09/26/88 — A Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court.
• 08/17/99 — A 3.850 Motion was filed to the Circuit Court.
• 02/12/01 — The 3.850 Motion was denied by the Circuit Court.
• 04/25/01 — A 3.850 Appeal was filed with the Florida Supreme Court.
• 01/13/05 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 04/28/05 — Rehearing was denied.
• 05/19/05 — The mandate was issued.
• 02/22/05 — Kokal filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District.
• 03/10/05 — The petition was amended in the United States District Court, Middle District.
• 07/26/05 — Kokal filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 10/31/05 — The Petition for Writ of Certiorari was denied.

Background

Kokal’s date of birth was 02/27/63.

The case was in the Fourth Judicial Circuit, Duval County, Case# 83-8975-CF.

The sentencing judge was The Honorable James L. Harrison.

Trial counsel was Dale Westling – Private Attorney.

Direct appeal counsel was Wayne F. Flowers – Private Attorney.

Collateral appeals counsel was Linda M. McDermott – Registry.

The offence

At approximately midnight on 09/29/83, Gregory Alan Kokal and William O’Kelly picked up a hitchhiker, victim Jeffrey Russell. They then drove to a Jacksonville Beach park.

When they exited the car, Russell was attacked and beaten with Kokal’s pool cue before he was robbed. Russell was forced to walk approximately 100 feet where he pled for his life as he was beaten unconscious with the pool cue.

Russell was then fatally shot with a .357 revolver. The body was discovered the following day, and the police initially reported that the victim had been beaten to death.

During the autopsy, it was determined that the gunshot killed the victim. The fact the gunshot was the cause of death was restricted to the investigating officers.

Investigation and arrest

Kokal was apprehended the following morning by police after he fled a gas station without paying in O’Kelly’s truck.

When the police officer asked Kokal for identification, he produced O’Kelly’s Colorado license, the victim’s New York license, and an Arizona vehicle registration in O’Kelly’s name, in addition to his own Florida license.

The officer arrested Kokal for the gasoline theft and the truck was seized and inventoried.

When the truck was inventoried, the murder weapon and a box of shells were found bearing Kokal’s fingerprints.

Kokal was released, however, because the officer was not aware of his involvement in the murder.

Later that same day, Kokal told a friend about the robbery and murder, including details only known to the police, such as the fatal gunshot.

Kokal was arrested after a warrant was issued for his capture.

Trial

Kokal was indicted on 10/04/83 (as stated in the case information) with the following:

• Count I: First-Degree Murder

Kokal was found guilty of First-Degree Murder.

A jury recommended death by a vote of 12-0.

Sentencing

On 11/14/84, Kokal was sentenced as follows:

• Count I: First-Degree Murder – Death

Codefendant

William O’Kelly pled guilty to the lesser offense of second-degree murder in exchange for trial testimony against Kokal.

Appeals

Direct appeal

A Direct Appeal was filed to the Florida Supreme Court on 12/21/84.

Issues raised included:

• whether the trial court erred in applying the heinous, atrocious, and cruel aggravator
• whether the trial court erred in not suppressing the murder weapon seized during the vehicle inventory following appellant’s arrest for stealing gas

The Court found all of the claims either harmless or without merit and affirmed the conviction and sentence of death on 07/17/86.

Death warrant

A death warrant was signed by Governor Bob Martinez on 08/25/88.

3.850 proceedings

A 3.850 Motion was filed to the Circuit Court on 09/26/88. A stay was granted by the Circuit Court on 10/12/88. The motion was denied on 04/14/97.

A 3.850 Appeal was filed to the Florida Supreme Court on 05/23/97.

Issues raised included:

• whether trial counsel was ineffective
• whether the trial court failed to adequately weigh the aggravating and mitigating circumstances

The Court found all of the claims either without merit or procedurally barred and denied the petition on 07/16/98.

A 3.850 Motion was filed to the Circuit Court on 08/17/99. The motion was denied on 02/12/01.

A 3.850 Appeal was filed with the Florida Supreme Court on 04/25/01. The Court affirmed the trial court’s denial of the 3.850 Motion on 01/13/05.

The Court affirmed the trial court’s denial of Kokal’s motion to disqualify Judge Carithers.

The Court rejected as procedurally barred Kokal’s due process claim based upon the State’s alleged failure to preserve evidence.

On 04/28/05, the rehearing was denied. The mandate was issued on 05/19/05.

Habeas corpus and certiorari

A Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court on 09/26/88.

Issues raised included:

• whether the trial court erred by refusing to excuse for cause two jurors who were biased in favor of the death penalty

The Court found all of the claims either harmless or without merit and denied the petition on 07/16/98.

On 02/22/05, Kokal filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District.

The petition was amended on 03/10/05 and is currently pending.

On 07/26/05, Kokal filed a Petition for Writ of Certiorari to the United States Supreme Court. The petition was denied on 10/31/05.

Outcome

The Florida Supreme Court affirmed Kokal’s conviction and sentence of death on 07/17/86.

Subsequent petitions were denied, including denials on 07/16/98 and 01/13/05, with rehearing denied on 04/28/05 and the mandate issued on 05/19/05.

Kokal’s petition for writ of certiorari to the United States Supreme Court was denied on 10/31/05.

Victim

Victim Jeffrey Russell was attacked and beaten with Kokal’s pool cue, robbed, beaten unconscious, and fatally shot with a .357 revolver. The body was discovered the following day.