Micah Louis Nelson

Case information

Micah Louis Nelson was prosecuted in the Tenth Judicial Circuit, Polk County, for offences committed involving Virginia Brace.

The Florida Supreme Court opinion was SC00-876. The case number was 97-6806-CF and the docket number DC# 535168. Nelson’s date of birth was 11/29/75.

Timeline

• 11/16/97 — Date of offense.
• 03/17/00 — Date of sentence.
• 04/24/00 — Nelson filed a direct appeal to the Florida Supreme Court.
• 10/03/02 — The conviction and sentence were affirmed.
• 07/10/03 — Motion for rehearing was denied and a revised opinion reaffirming Nelson’s sentence was substituted in place of the previous opinion.
• 10/08/03 — Nelson filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 12/15/03 — The petition was denied.

Background

In the early morning hours of 11/17/97, Micah Nelson broke into Virginia Brace’s home through the bathroom window. Brace, who was 78-years-old, was lying asleep in her bedroom. Her hearing aid and glasses were removed.

The offence

Upon hearing the intruder, Brace woke up screaming and a struggle ensued between Nelson and Brace. Nelson sexually assaulted Brace and then forced her into the trunk of his car. Nelson drove around in the car for several hours and eventually stopped in an orange grove where the car became stuck in soft sand.

At 9:30 a.m., heavy equipment operator Steven Weir arrived to assist in removing the car from the sand. Weir testified that, as he was pulling the car out, Nelson acted nervous and unusual. While Weir was hooking up the car to be towed, Weir felt a thud come from the trunk. Nelson explained that he had a dog back there and turned up the volume of the car radio to drown out the noise. As soon as the car was removed from the sand, Nelson sped off.

Nelson then took Brace to another orange grove where he let her out of the trunk and dragged her 175 feet into the grove. He then attempted to strangle Grace. When this attempt failed, he emptied a fire extinguisher into her mouth and forced a tire iron into her mouth and through the back of her head.

On the afternoon of 11/17/97, Joann Lambert noticed Brace’s car parked near her house. Lambert did not recognize the car and became suspicious later in the evening when the car had not moved. A local deputy arrived at the car to investigate.

The deputy found Nelson sleeping in the back seat of the car. Upon questioning, Nelson claimed to have borrowed the car from a friend. The deputy’s computer program used to verify Department of Motor Vehicles records was not working, but the deputy did notice an insurance card in the car with the name of Brace on it. Since Nelson did not have a driver’s license, the deputy made him leave the car parked and gave him a ride to his sister’s house.

Later that evening, the deputy heard an announcement over the police radio regarding Brace. The deputy, along with a sergeant, returned to the vehicle and identified it as belonging to Brace.

Nelson was interrogated by police on November 17th, 18th and 19th. During the final interrogation, Nelson confessed to murdering Brace and showed the police the location of the body.

Medical examination confirmed Nelson’s statements regarding the tire iron and fire extinguisher. The examination also revealed that Brace suffered from a crushed vertebra and three broken ribs.

Evidence such as fingerprints, shoe prints, DNA testing of pubic hair found on Brace’s bed and blood stains, were all consistent with Nelson’s guilt.

Investigation and arrest

A local deputy investigated Brace’s car after Joann Lambert became suspicious when the car had not moved. The deputy located Nelson sleeping in the back seat, questioned him, and observed an insurance card in the car with the name of Brace. The deputy arranged for Nelson to leave the car parked and gave him a ride to his sister’s house. After hearing a police radio announcement about Brace, the deputy and a sergeant returned and identified the car as belonging to Brace.

Nelson was interrogated on November 17th, 18th and 19th. During the final interrogation, he confessed and showed the police the location of the body.

Trial

Indictment and charges

• 12/10/97 — Nelson was indicted as follows:

  • Count I: First-Degree Murder
  • Count II: Kidnapping
  • Count III: Burglary of a Structure
  • Count IV: Grand Theft Auto

• 12/19/97 — Defendant was charged by Information from Highlands County on the following counts:

  • Count I: Burglary of a Conveyance
  • Count II: Sexual Battery

• 12/14/99 — Jury returned guilty verdicts on all counts of the indictment.

Verdict and recommendation

• 12/22/99 — Jury recommended death by a vote of 9-3 majority.

Sentencing

• 03/17/00 — Sentenced as follows:
  • Count I: First-Degree murder — Death sentence
  • Count II: Kidnapping — Life
  • Count III: Burglary of a Structure — Life
  • Count IV: Grand Theft Auto — 15 years

Information from Highlands County included:

• Count I: Burglary of a conveyance — Life
• Count II: Sexual Battery — Life

Appeals

Direct appeal to Florida Supreme Court

Issues presented were whether error occurred in denying Nelson’s motion to suppress statements and evidence that was involuntary. Nelson contended that he was coerced into locating Brace’s body through use of the “Christian burial” technique.

Error was also argued to have occurred in instructing the jury on and finding that Nelson murdered the victim to avoid a lawful arrest; finding that the murder was committed in a cold calculated and premeditated manner without and pretense of moral or legal justification; and allegedly failing to consider and weigh mitigating circumstances.

Nelson also contended that the sentence of death was disproportionate in comparison to other capital cases involving mentally disturbed defendants.

The court examined the records and determined that there was substantial evidence to support the conviction of first-degree murder.

• 10/03/02 — The conviction and sentence was affirmed.
• 07/10/03 — The motion for rehearing was denied and a revised opinion reaffirming Nelson’s sentence was substituted in place of the previous opinion.

Petition to United States Supreme Court

Other details

During trial, Nelson claimed to be mentally ill. He stated that on the day of the murder he suffered from hallucinations and depression. These claims, however, had no evidence to support them and were disregarded by the court.

Several witnesses who encountered Nelson before the murder testified that his behavior was normal.

Participants (as stated)

Sentencing judge: The Honorable J. Michael Hunter.

Trial attorneys: Robert Trogolo and Julia Williamson — Assistant Public Defenders.

Direct appeal attorney: A. Anne Owens — Assistant Public Defender.

Collateral appeals attorneys: Richard E. Kiley and James V. Viggiano — CCRC-M.