Dominick Occhicone

Case information

Dominick Occhicone (DOB: 08/29/45) was sentenced in the Sixth Judicial Circuit, Pasco County. The case information included Case# 86-1355 and DC# 226426. The sentencing judge was The Honorable Lawrence E. Keough.

Background

Dominick Occhicone awoke his former girlfriend, Anita Gerrety, in the early morning hours of 06/10/86 by knocking on the sliding glass door to the bedroom of her house. Gerrety shared this house with her children as well as her parents, Raymond and Martha Artzner.

The offence

Occhicone left when Gerrety refused to speak to him, but returned an hour or so later armed with a handgun. Occhicone cut the exterior telephone wires and proceeded to wake the household. When Raymond Artzner, Gerrety’s father, went outside to confront him, Occhicone shot him.

Occhicone proceeded to break into the house through a locked door while Gerrety and her daughter were attempting to flee from the house. Once he gained entrance into the house, he shot Gerrety’s mother, Martha Artzner, four times.

Investigation and arrest

The record included the trial and appellate procedural history but did not provide additional separate investigative or arrest narrative beyond the described circumstances of the offence.

Trial

Indictment and counts

On 07/15/86, Occhicone was indicted as follows:

• Count I: First-Degree Murder (Raymond Artzner)
• Count II: First-Degree Murder (Martha Artzner)

Verdict and recommendation

On 09/18/87, the jury returned guilty verdicts on all counts of the indictment. On 09/22/87, the jury recommended death by a vote of 7-5.

Sentencing at trial

On 11/09/87, Occhicone was sentenced as follows:

• Count I: First-Degree Murder (Raymond Artzner) – Life
• Count II: First-Degree Murder (Martha Artzner) – Death

Appeals

Direct appeal

Occhicone filed a Direct Appeal to the Florida Supreme Court on 11/25/87. Issues raised included:

• Whether the trial court erred in not granting his motion for mistrial based on a spectator’s alleged misconduct
• Whether the prosecutor’s comment on his refusal to take the hand swab test constituted penalizing him for exercising his post-Miranda rights

The Florida Supreme Court found all claims either without merit or harmless. The Court affirmed the conviction and death sentence on 10/11/90.

Certiorari petition

Occhicone filed a Petition for Writ of Certiorari to the Florida Supreme Court on 03/22/91, which was denied on 05/20/91.

State habeas

Occhicone filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 07/30/92, which was denied on 06/07/93.

3.850 motion and appeal

Occhicone filed a 3.850 Motion to the Circuit Court on 05/20/93, which was denied on 05/18/98.

Occhicone filed a 3.850 Appeal to the Florida Supreme Court on 06/30/98. The Court affirmed the trial court’s denial of the 3.850 Motion on 06/29/00. Issues raised included whether or not counsel provided ineffective assistance during both the guilt phase and the penalty phase. The Court denied all claims.

Federal habeas petition

Occhicone filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District, on 11/13/01. On 03/31/03, the petition was granted in part and denied in part. The Court concluded that most of Occhicone’s claims were procedurally barred from review.

Federal habeas appeal

On 05/03/05, Occhicone filed a Habeas Appeal to the United States Court of Appeals.

The issue involved an alleged violation of Giglio focusing on the testimony of Baker, Occhicone’s cellmate in jail, after the murders of the Artners. The Giglio issue involved the agreement between the prosecution attorneys and Baker to testify against Occhicone in exchange for the prosecution’s recommendation that Baker receive probation on his grand theft charge. In light of the totality of evidence, the USCA concluded that there is no reasonable likelihood that the State’s failure to correct the untruthful testimony of Baker could have affected the judgment of the jury.

On 07/14/06, the USCA affirmed the USDC’s denial of Occhicone’s Petition for Writ of Habeas Corpus.

Outcome

Occhicone was convicted on both counts of First-Degree Murder and received a life sentence on Count I (Raymond Artzner) and a death sentence on Count II (Martha Artzner). The Florida Supreme Court affirmed the conviction and death sentence on 10/11/90, and subsequent state and federal challenges were denied or resulted in denial of relief, with the USCA affirming denial of federal habeas relief on 07/14/06.

Other details

Dates

• Date of Offense: 06/10/86
• Date of Sentence: 11/09/87

Key procedural dates

• 07/15/86: Indicted
• 09/18/87: Jury returned guilty verdicts on all counts
• 09/22/87: Jury recommended death (7-5)
• 11/25/87: Direct appeal filed to Florida Supreme Court
• 10/11/90: Florida Supreme Court affirmed conviction and death sentence
• 03/22/91: Petition for Writ of Certiorari filed
• 05/20/91: Certiorari denied
• 07/30/92: Petition for Writ of Habeas Corpus filed
• 06/07/93: Habeas denied
• 05/20/93: 3.850 motion filed
• 05/18/98: 3.850 motion denied
• 06/30/98: 3.850 appeal filed
• 06/29/00: Florida Supreme Court affirmed denial
• 11/13/01: Federal habeas petition filed
• 03/31/03: Federal habeas granted in part and denied in part
• 05/03/05: Habeas appeal filed to USCA
• 07/14/06: USCA affirmed denial

Parties and counsel

• Attorneys, Trial: Bruce S. Boyer – Private Attorney
• Direct Appeal: Douglas S. Conner – Assistant Public Defender
• Collateral Appeals: Peter Cannon & Daphney E. Gaylord – CCRC-M