Anthony LaMarca

Case overview

Anthony LaMarca was convicted of first-degree murder. He was sentenced to death on February 20, 1998.

Characteristics

Tonya Flynn accused Anthony LaMarca of rape.

Although there was no medical evidence to support Tonya’s accusation of rape, testimony was provided stating that LaMarca had also raped his stepdaughter.

The offence

On 12/02/95, Anthony LaMarca met his daughter, Tonya Flynn, and her husband, Kevin Flynn, at a bar. Around 7:45 p.m., Kevin left to drive LaMarca home. At 8:30 p.m., LaMarca returned to the bar alone and told Tonya they needed to drive to a relative’s house in Hudson County to pick up Kevin. When they arrived at the house, no one was home.

Tonya claimed that LaMarca then raped her and asked her to leave Florida with him. She stated that he told her that her feelings for her husband would not last. Tonya then called the police and reported the rape.

The circumstances later connected LaMarca to Kevin Flynn’s death. Early in the morning of 12/03/95, police arrived at LaMarca’s home. They discovered Kevin Flynn’s body in the bedroom. Bullet cases and blood splatters were found in the living room. A trail of blood led to the bedroom.

Investigation

Police spotted LaMarca walking alongside the road but were unable to apprehend him because he took off running.

A neighbor testified to seeing LaMarca arrive at his house on the night of 12/02/95 with another man with whom he appeared to be arguing.

Jeremy Smith testified to LaMarca’s confession of murdering Kevin.

A prison inmate testified that while LaMarca was incarcerated with him for a different matter, he stated that when he was released he was going to kill Kevin Flynn.

Arrest

Police were unable to apprehend LaMarca when they spotted him walking alongside the road because he took off running.

Trial

Charges

LaMarca was indicted as follows:

• Count I: First-Degree Murder

Trial dates and verdict

Trial summary dates included:

• 01/24/96: Indicted as follows: Count I: First-Degree Murder
• 11/06/97: Jury returned guilty verdicts on all counts of the indictment.
• 07/14/98: Jury recommended death by a vote of 11-1.

Attorneys

• Trial: Pro Se & Nora McClure - Standby Assistant Public Defender
• Direct Appeal: Paul C. Helm – Assistant Public Defender Attorney
• Collateral Appeals: Joseph T. Hobson – Private

Sentencing

On 02/20/98, LaMarca was sentenced as follows:

• Count I: First-Degree Murder – Death

Sentencing Judge was The Honorable Brandt D. Downey, III.

Appeals

Direct appeal to Florida Supreme Court

On 03/19/98, LaMarca filed a Direct Appeal to the Florida Supreme Court. LaMarca contended that:

• evidence regarding the incident with his stepdaughter and the rape of his daughter, which was necessary for establishing premeditation and motivation, was withheld
• evidence relevant to the daughter’s motive was erroneously withheld
• he objected to the prosecutor’s discussion of LaMarca’s being in jail
• he argued error in the court’s refusal to accept mitigating circumstances proffered by standby counsel
• he argued disproportionality of the death sentence based on one aggravator

Petition for Writ of Certiorari to the United States Supreme Court

LaMarca filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/26/01. The petition was denied on 10/01/01.

3.851 Motion to the Circuit Court

LaMarca filed a 3.851 Motion to the Circuit Court on 10/02/02. The Motion was denied on 09/11/03.

3.851 Appeal to the Florida Supreme Court

On 10/13/03, LaMarca filed a 3.851 Appeal to the Florida Supreme Court. On 04/20/06, the Court affirmed the trial court’s denial of all 22 claims made by LaMarca.

The Court addressed LaMarca’s three main claims:

1. LaMarca has failed to overcome the strong presumption that his counsel rendered effective assistance as required by Strickland v. Washington
2. he has failed to establish either a Brady or Giglio violation
3. his sentence is not unconstitutional, nor did the trial court abuse its discretion by allowing the prosecutor who represented the State in LaMarca’s trial conduct the evidentiary hearing

The rehearing was denied on 06/07/06. The mandate was issued on 06/23/06.

Petition for Writ of Habeas Corpus (Florida Supreme Court)

On 05/17/04, LaMarca filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 04/20/06.

Petition for Writ of Habeas Corpus (United States District Court)

On 06/22/06, LaMarca filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District. On 06/23/06, the petition was dismissed without prejudice, and the Court ordered LaMarca to file an amended petition. The petition is currently pending.

Other details

• Name: Anthony LaMarca
• DOB: 06/16/55
• Sixth Judicial Circuit, Pinellas County
• Case# 95-20270
• DC# 071588
• Florida Supreme Court opinion: SC03-1815 & SC04-847
• United States Court of Appeals For the Eleventh Circuit opinion: 08-16775
• Date of Offense: 12/02/95
• Location reference: Hudson County
• Tonya Flynn and Kevin Flynn were involved in the events on 12/02/95 and 12/03/95.
• The jury recommended death by a vote of 11-1.