Ken Eldon Lott

Case information

Defendant: Ken Eldon Lott Date of birth: 02/14/53 Jurisdiction: Ninth Judicial Circuit, Orange County Case number: 94-4667 Direct appeal docket/reference: Florida Supreme Court opinion SC04-1814; opinion 86108 DC number: 026985 Sentencing judge: The Honorable Dorothy J. Russell Trial attorney: Douglas T. Huie – Assistant Public Defender Direct appeal attorney: George D.E. Burden – Assistant Public Defender Collateral appeals attorney: Frank J. Bankowitz – Registry Date of offense: 03/27/94 Date of sentence: 06/23/95

Codefendant: Raymond Fuller (DC# 625386) The material stated that Fuller was not mentioned in the course of Lott’s indictment and that there was no evidence of whether Fuller was caught or tried for the same offense.

The offence

Ken Eldon Lott was convicted of first-degree murder and sentenced to death on 06/23/95.

Rose Connors was found unclothed and murdered in the master bedroom of her estate on the morning of 03/28/94.

Connors was severely beaten and suffered other serious wounds, including:

• a stab wound in the back
• a fractured larynx
• a slashed throat

Medical examiners determined that the actual cause of death was the injury to Connors’ neck, which severed the jungular vein.

There was no real evidence of sexual battery, except a few bruises on Connors’ thigh area, suggesting that her legs were being forced apart.

Prior to the murder, Lott provided lawn services for Connors at her home.

The material stated that, on the day of the murder (which occurred some time between 03/26/94-03/27/94), Lott and Raymond Fuller intended to rob Connors when they ran out of money and were not able to buy drugs.

They devised a plan to rob Connors:

• Fuller was the designated robber
• Lott was the designated driver

During the robbery, Lott and Fuller were under the influence of “crystal meth” and cocaine.

The robbery did not go as planned after Connors escaped from Fuller and scurried out of her house. The material stated that she was instantly caught and dragged back into her home by Lott, who was hiding in bushes outside her home.

Lott stated that he beat Connors because she was retaliating like a “maniac” and had to kill her because she could identify him and would be sent to prison as a result.

After murdering Connors, Lott and Fuller left her home with a diamond tennis bracelet. Later in the evening, Lott returned to the scene of the crime to clean up.

The material stated that Lott admitted to using Connors’ ATM card and the PIN number, but claimed it was given to him by Whitman and that he had no knowledge that it was stolen from Connors.

The material also stated that the coworkers of Lott’s wife saw Lott’s wife wearing a diamond tennis bracelet at work one day subsequent to Connors’ death.

Investigation and arrest

Lott was discovered a few months after the incident when his friend, Robert Whitman, contacted the Orange County Sheriff’s Department.

According to Whitman, he met with Lott some time after the incident when Lott approached him and offered to sell him a gold ring and a diamond tennis bracelet.

During the meeting, Lott admitted to Connors’ murder with Fuller as his accomplice.

The material stated that Lott was arrested in May of 1994, when Whitman and the Sheriff’s Department devised a plan in which Whitman and Lott would meet regarding the stolen jewelry.

Trial

Indictment and jury verdict

On 05/20/94, Lott was indicted as follows:

• Count I: First-Degree Murder

The material stated that on 04/28/95 the jury returned guilty verdicts on all counts of the indictment.

The material stated that the jury recommended death by a vote of 12-0 on 04/28/95.

Sentencing

On 06/23/95, Lott was sentenced as follows:

• Count I: First-Degree Murder — Death

Appeals

Direct appeal

During the direct appeal on 07/20/95, Lott’s sentence and conviction were affirmed by the Florida Supreme Court.

The court denied a rehearing on 06/20/97 and issued a mandate on 07/21/97.

United States Supreme Court

On 09/18/97, Lott filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 11/17/97.

State post-conviction proceedings (3.850 and related)

• On 09/21/98, Lott filed a 3.850 Motion to the Circuit Court; it was denied on 10/31/01.
• On 01/16/02, Lott filed a 3.850 Appeal; it was reversed and remanded on 02/19/03 by the Florida Supreme Court.
• The court reversed the order and remanded the case for the purpose of conducting an evidentiary hearing on all issues raised on appeal.

On 05/23/03, Lott filed a 3.853 Motion (DNA) to the Circuit Court, requesting DNA testing of:

1. hairs found on the victim’s shower drain and bed pillow
2. the victim’s fingernails
3. the pliers found at the scene
4. the sheets, pillows, panties, vaginal and anal swabs of the victim, and fecal matter, primarily in search for sperm

The Circuit Court denied the Motion on 12/04/03.

Lott filed a 3.850 Motion to the Circuit Court. An evidentiary hearing was held on 07/28/04, and the motion was denied on 08/04/04.

On 09/13/04, Lott filed a 3.850 Appeal to the Florida Supreme Court, which was combined with Lott’s 3.853 Appeal (DNA).

On 04/13/06, the Florida Supreme Court affirmed the trial court’s denial of Lott’s 3.850 Motion and affirmed the trial court’s ruling that Lott cannot obtain DNA testing based on the speculative allegations in his 3.853 Motion.

On 06/02/06, the rehearing was denied, and the mandate was issued on 06/19/06.

Federal habeas corpus

On 06/08/06, Lott filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District. The material stated that the petition was currently pending.

Timeline

• 03/27/94 — Date of offense
• 03/26/94-03/27/94 — The material stated the murder occurred some time between 03/26/94-03/27/94
• 03/28/94 — Rose Connors was found unclothed and murdered in the master bedroom of her estate on the morning of 03/28/94
• 05/20/94 — Lott was indicted as follows: Count I: First-Degree Murder
• May 1994 — Lott was arrested when Whitman and the Orange County Sheriff’s Department devised a plan for a meeting regarding stolen jewelry
• 04/28/95 — Jury returned guilty verdicts on all counts of the indictment; jury recommended death by a vote of 12-0
• 06/23/95 — Lott was sentenced to death (Count I: First-Degree Murder — Death)
• 07/20/95 — Direct appeal; Florida Supreme Court affirmed sentence and conviction
• 06/20/97 — Rehearing denied by the Florida Supreme Court
• 07/21/97 — Mandate issued by the Florida Supreme Court
• 09/18/97 — Lott filed a Petition for Writ of Certiorari to the United States Supreme Court
• 11/17/97 — United States Supreme Court denied the Petition for Writ of Certiorari
• 09/21/98 — Lott filed a 3.850 Motion to the Circuit Court
• 10/31/01 — Lott’s 3.850 Motion denied by the Circuit Court
• 01/16/02 — Lott filed a 3.850 Appeal
• 02/19/03 — Florida Supreme Court reversed and remanded the 3.850 Appeal for an evidentiary hearing on all issues raised on appeal
• 05/23/03 — Lott filed a 3.853 Motion (DNA) to the Circuit Court
• 12/04/03 — Circuit Court denied the 3.853 Motion
• 07/28/04 — Evidentiary hearing on the 3.850 Motion held
• 08/04/04 — 3.850 Motion denied
• 09/13/04 — Lott filed a 3.850 Appeal to the Florida Supreme Court combined with the 3.853 Appeal (DNA)
• 04/13/06 — Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion and affirmed the DNA ruling
• 06/02/06 — Rehearing denied
• 06/19/06 — Mandate issued
• 06/08/06 — Lott filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District

Other details

Statements about intent and motive

The material stated that Lott and Raymond Fuller intended to rob Connors when they ran out of money and were not able to buy drugs.

Lott stated he beat Connors because she was retaliating like a “maniac” and that he had to kill her because she could identify him and would be sent to prison as a result.

Alternative explanation offered by Lott before trial

Prior to trial, Lott testified that Whitman lied in his story about murdering Connors.

The material further stated that Lott discussed that Whitman was setting him up and sought revenge because, in the past, Whitman had gotten into trouble with the law because of Lott.

Jewelry and ATM details

After the murder, Lott and Fuller left her home with a diamond tennis bracelet.

The material stated that Lott later offered Whitman a gold ring and a diamond tennis bracelet.

Lott admitted to using Connors’ ATM card and the PIN number, and claimed it was given to him by Whitman and that he had no knowledge it was stolen from Connors.