Larry Eugene Mann

Case information

Larry Eugene Mann (also known as Larry E Mann and Larry Eugene Mann) was a white male born on 06/09/1953. He was 5'11" tall and weighed 183 lbs. His hair color was brown and his eye color was hazel.

The case was in the Sixth Judicial Circuit, Pinellas County, with Case No. 80-8741 and DC Number 077663. The sentencing judge was The Honorable Philip A. Federico. The trial attorneys were Susan F. Schaeffer and Patrick D. Doherty (private attorney). Direct appeal counsel was David A. Davis (Assistant Public Defender). Collateral appeal attorneys were Marie-Louise Parmer and Leslie Scalley (CCRC-M).

Victim information

Elisa Nelson was a 10-year-old girl abducted while bicycling to school. Elisa had a note excusing her absence because of a dentist appointment. Her bicycle was found later that day in a ditch approximately one mile from her school. Elisa’s body was found on the next day after an extensive search and she died from a skull fracture possibly caused by a single blow to the head.

Timeline

• 11/04/1980 — At approximately 10:30 a.m., Elisa Nelson was riding her bicycle to school; she was late due to a dentist appointment and her mother gave her a note excusing her absence. Elisa’s bicycle was found later that day in a ditch approximately one mile from her school. The same day that Elisa disappeared, Mann attempted to commit suicide by slashing both of his forearms and stated that he had “done something stupid and needed help.” Mann asked his wife to retrieve his glasses from his 1957 Chevy pickup truck.
• 11/05/1980 — Elisa’s body was found after an extensive search. Elisa died from a skull fracture possibly caused by a single blow to the head. A cement-encased steel pipe was found lying next to the body. There were two lacerations approximately 3.5 and 4.5 inches along the girl’s neck; the medical examiner could not discern if the lacerations were made before or after death, and they were not the cause of death. There were no signs of molestation on the body.
• 11/08/1980 — Mann’s wife retrieved his glasses from his 1957 Chevy pickup truck and found a bloodstained note that Elisa’s mother had written to excuse her from school.
• 11/10/1980 — Mann was arrested.
• 03/26/1981 — Mann was sentenced to death (Count I: First-Degree Murder) and sentenced to 99 years on Count II (Kidnapping) to run consecutive to Count I.
• 01/14/1983 — Mann was resentenced to death (Count I: First-Degree Murder) and sentenced to 99 years on Count II (Kidnapping) to run consecutive to Count I.
• 03/02/1990 — Mann was resentenced to death on Count I (First-Degree Murder).
• 01/07/1986 — Governor Bob Graham signed a death warrant for Mann.
• 02/03/1986 — The United States District Court for the Middle District granted a stay of execution.
• 04/10/2013 — Mann was executed by lethal injection in Florida.

Background

Mann had a history of attempted suicides, pedophilia, and psychotic depressions. Prior to the Elisa Nelson offense, Mann had previously attempted suicide at least three or four times. Mann also had a prior prison history that included sexual battery.

The offence

At approximately 10:30 a.m. on 11/04/1980, Elisa Nelson was abducted while bicycling to school. Elisa had been late for school because she had a dentist appointment that morning and her mother had given her a note excusing her absence.

Mann attempted to commit suicide on the same day by slashing both of his forearms and told responding police officers: “done something stupid and needed help.”

After Elisa disappeared, a search party was initiated, including police officers and community members. Elisa’s body was found on 11/05/80.

There were two lacerations approximately 3.5 and 4.5 inches along the girl’s neck. The medical examiner could not discern if the lacerations were made before or after the child’s death, but they were not the cause of death.

Trial evidence included that Mann beat and stabbed Elisa and crushed her head with a concrete-encased pole, and that the killing involved a skull fracture.

Investigation

Mann asked his wife to retrieve his glasses from his 1957 Chevy pickup truck. When she did so, she found a bloodstained note that Elisa’s mother had written to excuse her from school. A friend of Mrs. Mann’s reported this finding to the police, resulting in a search warrant for Mann’s truck and house.

Inside the truck, a bloodstain was found with the same blood type as both Mann and Elisa. Mann’s history included attempted suicides, pedophilia, and psychotic depressions.

Evidence described included that bloodstains found at the crime scene and on the seat of Mann’s truck matched the victim’s blood type and had the same type of enzymes. A paint scraping from the rear bumper matched paint from Elisa’s bike. Pieces of foam rubber from the front seat matched pieces stuck to Elisa’s clothing.

Arrest

Mann was arrested on 11/10/80.

Trial

Charges and plea

Mann was indicted in the case on 11/18/80 with:

• Count I: First-Degree Murder
• Count II: Kidnapping

On 11/20/80, Mann entered a written plea of not guilty.

Verdict and jury recommendation

On 03/19/81, Mann was found guilty on both counts. A majority of the jury recommended the death penalty on 03/20/81.

The trial court sentenced Mann on 03/26/81, including death on Count I and 99 years on Count II consecutive to Count I.

Sentencing

Original sentencing (03/26/81)

On 03/26/81, Mann was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Kidnapping — 99 years to run consecutive to Count I

The trial court agreed with the jury’s recommendation and found aggravating factors and possibly one mitigating circumstance. The record described psychotic depression and paranoid feelings of rage as mitigation and identified that Mann suffered from psychotic depression and paranoid feelings of rage against himself because of strong pedophilic urges.

The aggravating factors included:

• prior conviction of violent felony
• felony murder
• heinous, atrocious, and cruel
• cold, calculated, and premeditated

Appeals

Florida Supreme Court direct appeal and resentencing directives

Mann v. State, 420 So.2d 578 (Fla. 1982) (Direct Appeal)

• Appeal filed: 05/04/81
• On 09/02/82, the Florida Supreme Court affirmed the conviction but vacated the death sentence.
• Rehearing denied: 11/03/82
• Mandate issued: 12/07/82

The Florida Supreme Court held that the conviction was supported by competent, substantial evidence and affirmed the conviction, but it vacated the sentence. The Supreme Court held that evidence about bloodstains found at the scene that matched the blood type and enzymes of the victim was relevant and admissible even though Mann’s blood type and enzymes were also the same as the victim.

The Supreme Court held that the trial court improperly found the homicide to have been committed in a cold, calculated, premeditated manner because the state’s evidence failed to support that aggravating circumstance.

The Supreme Court vacated the sentence and directed a new sentencing proceeding without a jury.

Mann v. State, 453 So.2d 784 (Fla. 1984) (Direct Appeal — After Resentencing)

• Appeal filed: 03/25/83
• On 05/24/84, the Florida Supreme Court affirmed the conviction and sentence.
• Rehearing denied: 08/30/84
• Mandate issued: 10/12/84

The Florida Supreme Court affirmed the sentence of death after resentencing, holding that the aggravating circumstance was properly established and that additional evidence at resentencing was proper.

United States Supreme Court certiorari and denial

United States Supreme Court — Petition for Writ of Certiorari, USSC# 84-5632

• Petition filed: 10/22/84
• Petition denied: 01/14/85

United States Supreme Court — Petition for Certiorari, USSC# 87-2073

• Petition filed: 06/19/88
• Petition denied: 03/06/89

United States Supreme Court — Petition for Certiorari, USSC# 92-6757

• Petition filed: 11/25/92
• Petition denied: 01/19/93

United States Supreme Court — Petition for Writ of Certiorari, USSC# 01-7092

• Petition filed: 11/28/01
• Petition denied: 06/28/02

Federal habeas and resentencing ordering

Mann v. Dugger, 844 F.2d 1446 (11th Cir. 1988) (Federal Habeas)

• Appeal filed: 05/14/87
• On 04/21/88, the court reversed the sentence and remanded with instructions to set aside the death sentence unless the state afforded a new sentencing proceeding before a newly empaneled jury.

The federal court held that a Caldwell claim had merit and ordered the death sentence to be set aside unless the state provided a new sentencing proceeding before a newly empaneled jury.

Additional Florida Supreme Court direct appeal after resentencing

Mann v. State, 482 So.2d 1360 (Fla. 1986) (PCR)

• The Florida Supreme Court held that evidentiary hearing was not required on postconviction relief, that the trial judge did not abuse discretion by not having oral argument, and that it was not appropriate in collateral attack to attempt to collaterally attack Mann’s prior conviction of a crime of violence in a foreign jurisdiction. The order affirmed denial of postconviction relief; habeas corpus was denied; stay of execution was denied.

Mann v. State, 603 So.2d 1141 (Fla. 1992) (Direct Appeal — After Resentencing)

• Appeal date: 04/02/92 proceedings described
• The Florida Supreme Court affirmed the conviction and sentence; additional review described denial of habeas relief in federal court and further appellate review.

Mann v. State, 603 So.2d 1141 (Fla. 1992) is described as addressing issues including harmless error related to remarks on remorse and permissibility of prosecutor’s closing argument.

Mann v. State, 603 So.2d 1141 (Fla.

• The Florida Supreme Court affirmed the death sentence after resentencing and addressed sentencing-phase issues.

Mann v. State, 603 So.2d 1141 (Fla. 1992) described that the state introduced Mississippi burglary conviction evidence and testimony at resentencing, and that statutory and nonstatutory mitigators were considered.

Additional collateral proceedings and certificates

The record included numerous postconviction and habeas corpus steps under Fla. R. Crim. P. 3.850 and federal habeas procedures, including:

• a 3.850 motion and appeals, including evidentiary hearings and denials
• 3.851 motion filed and denied
• petitions for writ of habeas corpus in federal court that included administratively closed status and case reopening
• an Application for Certificate of Appealability filed 02/22/11

Execution and final events

Mann prepared a written statement earlier in the day and it quoted Bible verse, Romans 6:23: “For the wages of sin is death: but the gift of God is eternal life in Christ Jesus our Lord.”

Final words: None.

Mann’s last meal was described as Fried shrimp, fish and scallops, stuffed crabs, hot butter rolls, cole slaw, pistachio ice cream and a Pepsi.

Mann was pronounced dead from lethal injection on April 10, 2013 at 7:19 p.m. EDT at the Florida State Prison in Starke.

Mann answered “Uh, no sir.,” when asked if he wanted to say anything before the procedure began. The execution team had 28 witnesses.

Other details

Medical and forensic details

• Elisa’s death was attributed to a skull fracture possibly caused by a single blow to the head.
• There were two lacerations approximately 3.5 and 4.5 inches along the girl’s neck, and the medical examiner could not discern whether the lacerations were made before or after death. The lacerations were not the cause of death.

Mann’s mental health and substance dependency

In sentencing proceedings, a psychologist testified that Mann was an alcoholic and a pedophile but had no brain damage, and thought statutory mental mitigators should be applied; she also stated on cross-examination that Mann abducted the victim because he wanted to molest her. A different psychologist testified that Mann was a pedophile and substance abuser and was antisocial, and that the mental mitigators did not apply.

Related case references

The Florida Supreme Court and federal courts issued multiple opinions and orders referenced by citations in the record, including Mann v. State, 420 So.2d 578 (Fla. 1982); Mann v. State, 453 So.2d 784 (Fla. 1984); Mann v. State, 482 So.2d 1360 (Fla. 1986); Mann v. State, 603 So.2d 1141 (Fla. 1992); and Mann v. Dugger, 844 F.2d 1446 (11th Cir. 1988).