John Richard Marek

Case record: John Richard Marek

Other names and identifiers

• Name: John Richard Marek
• DC Number: #094417
• Race: WHITE
• Sex: MALE
• Hair Color: BROWN
• Eye Color: BROWN
• Height: 6' 00"
• Weight: 225 lbs.
• Birth Date: 09-17-61
• Current Release Date: DEATH SENTENCE

Victim

• Victim: Adela Simmons (also named Adela Marie Simmons; also named Adela Marie Simmons in different parts of the record)
• Age: 47 (also described as a 45-year-old mother of two in one account)
• Victim age in one account for later life: would have been 71
• Victim companions:
  • Jean Trach
• Victim children mentioned:
  • Aileen Simmons Bantau
  • Vivienne Yao
• Victim relatives mentioned attending:
  • Alan Bantau (son-in-law)
• Victim grandchildren mentioned in one account:
  • five granddaughters

Codefendant

• Codefendant: Raymond Dewayne Wigley
• DC#: 094065

Timeline

• 06/16/83 — Adela Simmons and Jean Trach were returning home from a vacation and their car broke down on the Florida Turnpike.
• 11:00 p.m. (06/16/83) — Simmons and Trach were on their way home to Miami when their car broke down (as described in the case summary).
• ~11:30 p.m. (06/16/83) — Simmons left with Marek and Wigley.
• ~3:00 to 3:30 a.m. (06/17/83) — Simmons was strangled with a bandana (hours described in the case summary).
• ~3:30 a.m. (06/17/83) — A police officer spoke with Marek and Wigley near a lifeguard shack; they identified themselves as Marek and Wigley; the officer reported Marek was the more dominant of the two (as described in multiple narrative sections).
• ~3:30 a.m. (06/17/83) — Simmons’ body was described as strangled between approximately 3:00 and 3:30 a.m.
• ~7:00 a.m. (06/17/83) — A lifeguard found Simmons’ body in the Lifeguard area of Dania Beach / lifeguard shack observation area.
• 06/17/83 (evening) — Wigley was arrested in Daytona Beach while driving the truck; a small automatic pistol was found in the glove compartment.
• 06/17/83 (approximately half an hour later in the same vicinity) — Police took Marek into custody; Simmons’ jewelry was later found in the truck.
• 07/03/84 — Marek was sentenced (Count I death; Count II 30 years consecutive to Count I; Count III 9 years consecutive to Count I and concurrent with Count II; Counts IV and V battery sentences suspended).
• 05/29/84 — Wigley was sentenced (as described in the codefendant section).
• 07/06/83 — Indicted as follows: Count I: First-Degree Murder; Count II: Kidnapping; Count III: Burglary; Count IV: Sexual battery; Count V: Sexual Battery.
• 07/20/83 — Defendant pled not guilty.
• 09/28/83 — Court granted motion to sever.
• 06/01/84 — Defendant was found guilty: Count I First-Degree Murder; Count II Kidnapping; Count III Lesser Included Offense of Criminal Attempt: Burglary with an Assault; Count IV Lesser Included Offense of Battery; Count V Lesser Included Offense of Battery.
• 06/05/84 — Jury recommended death by a vote of 10-2.
• 09/04/84 — Marek filed a Direct Appeal to the Florida Supreme Court.
• 06/26/86 — Florida Supreme Court affirmed Marek’s conviction and sentence.
• 09/08/86 — Rehearing denied.
• 10/08/86 — Mandate issued.
• 10/10/88 — Marek filed a 3.850 Motion to the Circuit Court.
• 11/07/88 — Motion denied.
• 10/12/88 — Marek filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 11/07/88 — Marek filed a 3.850 Appeal to the same court.
• 05/11/89 — The Court affirmed the trial court’s denial of the 3.850 Motion.
• 08/29/89 — Rehearing denied.
• 10/10/89 — Marek filed a Petition for Writ of Habeas Corpus to the United States District Court.
• 10/01/90 — That habeas petition was denied.
• 12/28/90 — Marek filed a Habeas Appeal to the United States Court of Appeal, 11th Circuit.
• 08/14/95 — The Court of Appeals affirmed the USDC’s denial of relief.
• 11/06/95 — Rehearing denied.
• 11/14/95 — Mandate issued.
• 08/18/92 — Marek filed another Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 09/02/93 — The petition was denied.
• 11/17/93 — Rehearing denied.
• 07/26/93 — Marek filed another 3.850 Motion to the Circuit Court.
• 09/05/03 — It was denied.
• 02/15/94 — Marek filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 05/16/94 — Petition denied.
• 05/28/96 — United States Court of Appeals, 11th Circuit affirmation of USDC’s denial of the habeas petition was referenced.
• 10/07/96 — Another Petition for Writ of Certiorari to the United States Supreme Court was denied.
• 09/21/06 — Motion for Rehearing was denied.
• 02/16/04 — Marek filed a 3.850 Appeal to the Florida Supreme Court.
• 08/22/05 — Marek filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 08/24/05 — The petition was stricken for non-compliance (exceeding 50 pages) with Florida Rule of Appellate Procedure 9.100.
• 09/06/05 — A proper petition was filed.
• 05/11/06 — Motion to Continue Oral Argument was granted.
• 06/16/06 — The Court affirmed the denial of the 3.850 Motion and denied the Habeas Petition.
• 08/19/2009 — Executed by lethal injection in Florida.
• August 19, 2009 (6:33 p.m.) — Time of death was given in one account.

Background

John Richard Marek executed for the 1983 murder of Adela Simmons.

Adela Simmons and Jean Trach returned to Miami from a vacation in Clearwater. Simmons’ car broke down on the Florida Turnpike in Palm Beach County. Marek and Raymond Wigley stopped and offered to help.

The body of Adela Simmons was discovered at 7:00 a.m. on June 17, 1983 in the Lifeguard area of Dania Beach.

The offence

Marek and Wigley offered to take one of the women to a tollbooth where she would be allowed to call for help. Jean Trach warned Adela not to take the ride, but Simmons took it.

In statements to police and testimony in court:

• Marek claimed to have been asleep off and on when Simmons was murdered by Wigley.
• Wigley stated that once in the truck, Simmons was forced to perform oral sex on the men and was repeatedly sexually assaulted.
• Wigley stated that at the beach, both men dragged Simmons into the observation area of a lifeguard stand, Simmons’ shorts were taken off, and the men burned Simmons’ pubic hairs and one of her fingers.
• Wigley stated that Simmons was strangled to death with a bandana between the hours of 3:00 and 3:30 a.m.

The medical testimony described Simmons as bruised, nude, strangled, and burned, with her finger and pubic hairs burned. Sperm was reported found in Simmons’ cervix, and the medical examiner believed Simmons had had sexual intercourse after 11:30 p.m. on June 16.

Bruises indicated Simmons had been kicked with a great deal of force, and some injuries indicated she had been dragged up to the roof of the lifeguard shack and into the observation tower.

Investigation

Police issued a “be-on-the-lookout” bulletin for Marek and Wigley.

Fingerprints lifted from the lifeguard shack matched both Marek and Wigley. Only Marek’s print was found inside the observation deck where the body was found. In one narrative, six prints lifted from the lifeguard shack matched Marek’s fingerprints, and one matched Wigley’s.

A stolen vehicle was involved. The truck was later searched, and Simmons’ jewelry and a gun were found.

Arrest

A police officer noticed two men walking from the vicinity of a lifeguard shack toward a Ford pickup truck and spoke with Marek and Wigley for about forty minutes.

On the evening of June 17, a Daytona Beach police officer stopped Wigley while Wigley was driving the truck and found a small automatic pistol in the truck’s glove compartment.

Approximately one-half hour later, police took Marek into custody. Simmons’ jewelry was later found in the truck. Marek was arrested in Daytona Shores in one narrative.

Marek testified that after he had been incarcerated and a detective told him he had “made it to the big time,” he responded:

“S.O.B. must have told all.”

Trial

Charges and indictment

Marek was indicted as follows:

• Count I: First-Degree Murder
• Count II: Kidnapping
• Count III: Burglary
• Count IV: Sexual battery
• Count V: Sexual Battery

Plea and motions

• July 20, 1983: Defendant pled not guilty.
• September 28, 1983: Court granted motion to sever.

Verdict

June 1, 1984:

• Count I: First-Degree Murder
• Count II: Kidnapping
• Count III: Lesser Included Offense of Criminal Attempt: Burglary with an Assault
• Count IV: Lesser Included Offense of Battery
• Count V: Lesser Included Offense of Battery

Jury recommendation

June 5, 1984: Jury recommended death by a vote of 10-2.

Sentencing judge and attorneys

• Sentencing Judge: The Honorable Stanton S. Kaplan
• Trial attorney (private): Robert Carney
• Direct appeal attorney (private): Bruce H. Little
• Collateral appeals attorney: Martin J. McClain

Sentencing outcome

July 3, 1984: Marek was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Kidnapping — 30 years to be served consecutively to Count I
• Count III: Lesser Included Offense of Criminal Attempt: Burglary with an Assault — 9 years to be served consecutively to Count I and concurrently with Count II
• Count IV: Lesser Included Offense of Battery — Sentence suspended by the Court
• Count V: Lesser Included Offense of Battery — Sentence suspended by Court

Trial summaries related to evidence and motions

• A motion for mistrial was raised based on testimony that a policeman who arrested Wigley found a gun in the truck’s glove compartment. The trial judge sustained the defense objection as to relevance and denied the motion for mistrial, instead instructing the jury to forget the firearm testimony. The curative instruction was:

[T]here was indication by the witness that he found some type of a gun or firearm in this car and after discussion with counsel there is no evidence that I can see that would make that item relevant to this case, so at this point I would like you to do the best you can to forget it. In fact, I'll instruct you to forget that there was a firearm in that particular vehicle. It has no bearing on this case at this point and just disregard it.

• The jury convicted Marek of first-degree murder, kidnapping with intent to commit a sexual battery, attempted burglary, and two counts of battery, and the trial judge imposed the death sentence consistent with the 10-2 jury recommendation.

Aggravating circumstances found for death sentence

The trial judge found four aggravating circumstances and no mitigating circumstances applicable:

1. Appellant was contemporaneously convicted of kidnapping, a felony involving the use or threat of violence.
2. Appellant committed the murder while engaged in the commission of attempted burglary with intent to commit sexual battery and in the course thereof, committed an assault.
3. Appellant committed the murder for pecuniary gain.
4. The murder was heinous, atrocious, and cruel.

Appeals

Direct appeal (Florida Supreme Court)

• Marek v. State, 492 So.2d 1055 (Fla. 1986) (DirectAppeal)
• Issue raised: trial judge erred in sentencing Marek to death while Wigley was sentenced to life.
• The Court found the argument without merit and affirmed the conviction and sentence.
• Affirmance date: 06/26/86.
• Rehearing denied: 09/08/86.
• Mandate issued: 10/08/86.

A Per Curiam statement included:

PER CURIAM. The appellant, John Marek, appeals his convictions of first-degree murder, kidnapping, attempted burglary with an assault, and two counts of battery, and his death sentence imposed by the trial judge in accordance with the jury's sentence recommendation. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm all of appellant's convictions and his sentence of death. It is so ordered.

State postconviction (Rule 3.850) and habeas corpus (Florida)

• Marek v. Dugger, 547 So.2d 109 (Fla. 1989) (State Habeas)
  • The Florida Supreme Court granted a stay of execution from his first death warrant and ordered briefs on issues in connection with Marek v. Dugger, Nos. 73,175 & 73,278 (Fla. Nov. 8, 1988).
  • The Florida Supreme Court affirmed denial of the Rule 3.850 motion and denied habeas corpus relief.

Federal habeas corpus (11th Circuit)

• Marek v. Singletary, 62 F.3d 1295 (11th Cir. 1995) (Federal HabeasPCR)
• The appellate panel affirmed the district court’s denial of habeas relief.
• The appellate court referenced that the trial judge followed the jury’s recommendation and found four aggravating circumstances and no mitigating circumstances, and that the Florida Supreme Court affirmed on direct appeal.

The panel stated:

DUBINA, Circuit Judge: John Richard Marek (“Marek”), a Florida prison inmate convicted in 1984 of first-degree murder, kidnapping, attempted burglary with an assault, and two counts of battery, appeals the district court's judgment denying his petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. After a thorough review of the record and briefs, and after hearing oral argument, we conclude that the district court correctly denied habeas relief and, accordingly, we affirm the judgment of the district court.

Codefendant (Raymond Dewayne Wigley)

Raymond Dewayne Wigley:

• DC#: 094065
• Sentenced on 05/29/84 (CC# 83-7088):
  • Count I: First-Degree Murder — Life with 25 years mandatory
  • Count II: Kidnapping — 12 years to run consecutive with Count I
  • Count III: Burglary — 5 years to run consecutive to concurrent to Count I and II
  • Count IV: Sexual Battery — 90 years to run consecutive to concurrent to Count II and III
• The record further stated:
  • All of these sentences are to run consecutive to the six months that Wigley was serving for contempt of court.
• In prison, Wigley died of natural causes in one part of the record.
• Another portion stated that Wigley was murdered in prison in 2000 while serving a life sentence.

Execution details

Marek was executed by lethal injection in Florida on August 19, 2009.

Last meal and final meetings (as described)

• Final meal: a BLT sandwich, berries with whipped cream, french fries, onion rings, Dr Pepper.
• Marek met with an Episcopal priest.
• Marek spent three hours with his girlfriend, a pen pal living in Germany, described as the only visitor he had in three years.
• People who saw him said he was calm.

Final words and time of death

Marek’s final words were:

“Jesus, remember the sinners.”

One account reported:

• Time of death: 6:33.

Other details

• Broward County, Seventeenth Judicial Circuit: Case# 83-7088.
• Date of Offense: 06/16/83.
• Date of Sentence: 07/03/84.
• Manner of discovery: Simmons’ body was found inside the lifeguard shack / lifeguard stand / observation deck area in Dania Beach (as described).
• The record referenced citations including:
  • Marek v. State, 492 So.2d 1055 (Fla. 1986) (DirectAppeal).
  • Marek v. Dugger, 547 So.2d 109 (Fla. 1989) (State Habeas).
  • Marek v. 1995) (Federal HabeasPCR).
• Prosecution and execution coverage in narrative sections referenced multiple media accounts and statements from family members and opponents, including quotes from:
  • Jean Trach (friend of Simmons) in one narrative.
  • Aileen Simmons Bantau in one narrative.
  • Joseph Koechler and other protest statements in one narrative.
  • Martha Lushman and a statement about disagreement with death penalty proponents in one narrative.