Gary Lawrence

Case information

Gary Lawrence (DOB: 06/29/57) was tried in the First Judicial Circuit, Santa Rosa County, under Case# 94-397-CFA. The sentencing judge was The Honorable Paul A. Rasmussen. Trial counsel was John Miller – Private Attorney. Direct appeal counsel was Steven L. Seliger – Special Public Defender Attorney. Collateral appeals were handled by Mary Catherine Bonner – Registry.

Timeline

• 07/28/94 — Gary Lawrence and Michael Finken drank beer after driving Brenda Lawrence to work; later that day Gary Lawrence and Michael Finken argued when Gary discovered that Michael and Brenda had been sleeping together, and Brenda gathered weapons.
• 08/24/94 — Lawrence was indicted with the following offenses: Count I: First-Degree Murder; Count II: Conspiracy to Commit Murder; Count III: Petty Theft; Count IV: Grand Theft Auto.
• 03/16/95 — Defendant found guilty on all counts.
• 03/17/95 — Jury recommended death by a vote of 9-3.
• 05/05/95 — Defendant was sentenced: Count I: First-Degree Murder – Death; Count II: Conspiracy to Commit Murder – 5 years; Count III: Petty Theft – Time served; Count IV: Grand Theft Auto – 5 years.
• 05/19/95 — Lawrence filed a direct appeal to the Florida Supreme Court.
• 08/28/97 — The Florida Supreme Court affirmed Lawrence’s convictions and death sentence.
• 11/17/97 — Lawrence filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 01/20/98 — The United States Supreme Court denied the Petition for Writ of Certiorari.
• 01/19/99 — Lawrence filed a 3.850 Motion to the Circuit Court.
• 10/11/00 — The Circuit Court denied the 3.850 Motion.
• 10/23/00 — Lawrence filed a 3.850 Appeal to the Florida Supreme Court.
• 10/17/02 — The Florida Supreme Court affirmed the Circuit Court’s denial of the 3.850 on 10/17/02.
• 03/28/01 — A Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court.
• 10/17/02 — The Florida Supreme Court denied the petition on 10/17/02.
• 01/09/03 — Lawrence filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 01/21/03 — The Petition for Writ of Certiorari was filed in the Florida Supreme Court.
• 03/24/03 — The Petition for Writ of Certiorari was denied.
• 03/11/03 — A Petition for Writ of Habeas Corpus was filed to the United States District Court, Northern District.
• 09/20/04 — The petition was dismissed by the United States District Court.
• 10/15/04 — Lawrence filed a habeas appeal to the United States Court of Appeals, 11th Circuit.
• 03/27/06 — The United States Supreme Court granted a Petition for Writ of Certiorari.
• 05/05/95 — Sentencing (sentence date already stated above for clarity within case record).

Background

Brenda and Gary Lawrence separated soon after they were married. Michael Finken moved in with Brenda and her two daughters, Kimberley and Stephanie Pitts, as well as Rachel Matin, Stephanie’s friend.

The offence

On 07/28/94, the day of the murder, Gary and Michael drank a beer at a friend’s house after driving Brenda to work. After Brenda got off work, Gary and Michael picked her up and took her back to their friend’s house so they could drink more beer.

Upon returning to Brenda’s apartment, Gary got into an argument with Michael and hit him when he discovered that Michael and Brenda had been sleeping together. Gary and Michael seemed to resolve their dispute, and Michael went to sleep on the couch.

Soon after Brenda and Gary spoke, Brenda went around the house gathering weapons, which included a pipe and a baseball bat. Brenda and Gary told Rachel and Kimberly that they were “going to knock off Mike.” Gary also told Kimberley to “stay inside your bedroom no matter what you hear.”

While in their bedroom, Rachel and Kimberly said that they heard a pounding sound. Rachel said that she heard the victim yell, “Stop it, if you stop, I’ll leave.” She said that the victim made this statement several times. Kimberly stated that the victim also said, “Please don’t hit me, I’m already bleeding.”

Once the pounding noise ceased, the girls were required to help clean up around the victim. At trial, both girls described the mutilation of the victim’s face. Even after the beatings, the victim was still alive.

Kimberly said she saw her mother, Brenda, coming out of the kitchen with something that looked like a dagger. Then, although Kimberly did not know what her mother had in her hand at the time, she witnessed her mother make a stabbing motion towards the victim. Brenda then asked that the girls go enlist the help of Chris Wetherbee.

When Chris entered the apartment, he saw the victim’s crushed skull, indistinguishable face, and a mop handle shoved down the victim’s throat. When Chris asked Gary what was going on, Gary responded by kicking the victim and saying, “This is what’s going on.” When the mop handle was removed from the victim’s throat, Chris heard three or four ragged breaths come from the victim before the victim stopped breathing and died.

Gary told Chris that he had beaten the victim with a baseball bat after having already beaten him with a pipe until it bent.

Gary and Brenda took a small amount of money from the victim’s pockets. They then wrapped the body in a shower curtain before putting it in the victim’s car. Gary drove the vehicle to an isolated area and set the body on fire.

Gary was arrested later that same day while he was driving the victim’s car. Gary confessed to the murder stating that he had beaten the victim because Brenda and the victim had been sleeping together.

Investigation

The medical examiner testified at trial that the victim’s death was caused by blunt trauma and possible asphyxia. The medical examiner also stated that the victim was still alive when the mop handle was forced into his throat. The victim had a very high blood alcohol level, and it was possible that one or more of the blows to his head could have caused a loss of consciousness.

Trial

Indictment and counts

The trial summary included the following indictment on 08/24/94:

• Count I: First-Degree Murder
• Count II: Conspiracy to Commit Murder
• Count III: Petty Theft
• Count IV: Grand Theft Auto

On 03/16/95, Defendant found guilty on all counts. On 03/17/95, Jury recommended death by a vote of 9-3.

Verdicts and sentencing

On 05/05/95, Defendant was sentenced as follows:

• Count I: First-Degree Murder – Death
• Count II: Conspiracy to Commit Murder – 5 years
• Count III: Petty Theft – Time served
• Count IV: Grand Theft Auto – 5 years

Codefendant

Codefendant Information: Brenda Lawrence (DC# 975279). Brenda Lawrence was convicted and sentenced for the following offenses (CC# 94-396):

• Count I: First-Degree Murder – Life sentence
• Count II: Conspiracy to Commit Murder – 1 year 10 month
• Count III: Grand Theft Auto – 1 year 10 months

Appeals

Direct appeal

Lawrence filed a Direct Appeal to the Florida Supreme Court on 05/19/95. Issues raised on appeal included whether the trial court erred in finding the cold, calculated, and premeditated aggravator, and whether Lawrence’s death sentence was disproportionate to other death penalty cases. The Court found the issues either harmless or without merit. The Court affirmed his convictions and death sentence on 08/28/97.

Petition for Writ of Certiorari (United States Supreme Court)

Lawrence filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/17/97, which was denied on 01/20/98.

3.850 motion and appeal (Florida)

Lawrence filed a 3.850 Motion to the Circuit Court on 01/19/99, which was denied on 10/11/00. Lawrence filed a 3.850 Appeal to the Florida Supreme Court on 10/23/00.

Issues raised on appeal included 13 claims of ineffective assistance of appellate counsel. The Court found all of the claims either harmless or without merit and affirmed the Circuit Court’s denial of the 3.850 on 10/17/02.

Habeas corpus (Florida)

A Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court on 03/28/01. The Court found all of the claims either harmless or without merit and denied the petition on 10/17/02.

Certiorari (United States Supreme Court)

On 01/09/03, Lawrence filed a Petition for Writ of Certiorari to the United States Supreme Court. It was filed in the Florida Supreme Court on 01/21/03 and was eventually denied on 03/24/03.

Habeas corpus (federal)

On 03/11/03, a Petition for Writ of Habeas Corpus was filed to the United States District Court, Northern District. The petition was dismissed on 09/20/04.

On 10/15/04, Lawrence filed a Habeas Appeal to the United States Court of Appeals, 11th Circuit. The Court affirmed the United States District Court’s order dismissing Lawrence’s Habeas Petition as untimely.

Outcome

Gary Lawrence was sentenced to death on 05/05/95 after being convicted on 03/16/95 and receiving a jury recommendation of death by a vote of 9-3 on 03/17/95. The Florida Supreme Court affirmed his convictions and death sentence on 08/28/97.

Other details

At the apartment, Brenda and Gary told Rachel and Kimberly, “going to knock off Mike.” Gary also told Kimberley to “stay inside your bedroom no matter what you hear.” The victim yelled, “Stop it, if you stop, I’ll leave,” and Kimberly stated that the victim also said, “Please don’t hit me, I’m already bleeding.”

When Chris asked Gary what was going on, Gary responded by kicking the victim and saying, “This is what’s going on.”