J. B. Parker

Case identification

J. B. Parker was also known as “Pig” and “Pig Parker.” He had the case number 82-352-CFC. The trial venue was changed to the Fifteenth Judicial Circuit. Parker’s DC number was 789049. His date of birth was 06/11/62.

Timeline

• 04/27/82 — Parker and three accomplices kidnapped a woman during an armed robbery; the victim was later shot to death.
• 01/07/83 — Parker was indicted; Count I (First-Degree Murder), Count II (Armed Robbery), and Count III (Kidnapping) were listed.
• 01/11/83 — A jury recommended death by a vote of 8-4.
• 01/11/83 — Parker was sentenced: Count I Death; Count II 10 years; Count III 10 years.
• 01/28/83 — Parker filed a Direct Appeal to the Florida Supreme Court.
• 10/24/85 — The Florida Supreme Court affirmed the conviction and sentence.
• 12/03/87 — Parker filed a 3.850 Motion to the Circuit Court.
• 04/05/88 — The Circuit Court denied the 3.850 Motion.
• 04/28/88 — Parker filed a 3.850 Appeal to the Florida Supreme Court.
• 03/23/89 — The Florida Supreme Court affirmed the denial of the 3.850 motion; it also involved the denial of a habeas petition in the same date entry.
• 05/26/89 — The Florida Supreme Court denied Parker’s motion for a rehearing and issued a mandate.
• 08/25/88 — Parker filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 08/29/89 — Governor Bob Martinez signed Parker’s death warrant.
• 09/28/89 — Parker filed a second 3.850 Motion to the Circuit Court.
• 10/16/89 — The trial court denied the 3.850 Motion.
• 10/23/89 — Parker appealed the denial of the second 3.850 Motion to the Florida Supreme Court.
• 10/25/89 — Parker filed a Habeas petition in the United States District Court and was granted a stay of execution the same day; Parker also filed another Petition for Writ of Habeas Corpus to the Florida Supreme Court on this date entry.
• 10/27/89 — Parker’s scheduled execution date.
• 09/03/90 — The United States District Court for the Southern District denied Parker’s habeas petition.
• 10/01/90 — Parker appealed to the United States Court of Appeals, 11th Circuit.
• 10/06/92 — The 11th Circuit affirmed the lower court’s opinion.
• 06/27/94 — Parker filed a third 3.850 Motion to the Circuit Court.
• 11/13/96 — The trial judge granted a new penalty phase but denied a new trial.
• 12/05/96 — The State appealed the Circuit Court’s order for a new penalty phase to the Florida Supreme Court; Parker argued for a new trial in a cross-appeal.
• 09/03/98 — The Florida Supreme Court affirmed the order for a new penalty phase and affirmed the denial of a new trial.
• 01/24/01 — Parker filed a Direct Appeal to the Florida Supreme Court.
• 01/22/04 — Parker’s convictions and sentence were affirmed.
• 07/22/04 — Parker filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 01/10/05 — The United States Supreme Court denied certiorari.
• 10/25/00 — A new jury recommended the death penalty by a vote of 11-1.
• 12/13/00 — Parker was resentenced to death.

The offence

During an armed robbery, J.B. Parker and three accomplices kidnapped a woman, whom Parker later shot to death.

On 04/27/82, Parker, along with John Bush, Alphonso Cave and Terry Wayne Johnson, set out in Bush’s car from Fort Pierce to West Palm Beach. Parker stated that during the trip, Bush said the group was going to commit a robbery.

Bush and Cave entered the Stuart convenience store where the 18-year-old victim, Frances Slater, was working. They robbed the store and abducted Slater, placing her in the back seat of the car. They drove to an isolated area.

During the 20-minute trip, the victim pleaded for her life. She was then dragged out of the car by her hair. Bush stabbed Slater, which caused her to sink to her knees. Parker then shot her in the back of the head execution-style. Medical testimony established that the gunshot, not the stabbing, was the cause of death.

The four then drove back to Fort Pierce and divided the money four ways. Parker’s split was twenty to thirty dollars.

Trial

On 01/07/83, Parker was indicted as follows:

• Count I: First-Degree Murder — guilty
• Count II: Armed Robbery — guilty
• Count III: Kidnapping — guilty

On 01/11/83, the jury recommended death by a vote of 8-4. Parker was sentenced on 01/11/83 as follows:

• Count I: First-Degree Murder — Death
• Count II: Armed Robbery — 10 years
• Count III: Kidnapping — 10 years

On 10/25/00, a new jury recommended the death penalty by a vote of 11-1. On 12/13/00, Parker was resentenced to death.

Sentencing

The sentencing judge was The Honorable Phillip G. Nourse.

Parker’s resentence occurred on 12/13/00.

The sentencing judge found that Parker had no history of significant crimes as an adult. The defendant had a juvenile record of breaking and entering into a school.

Codefendants

John Bush was executed in 1996. Bush was convicted of first-degree murder, armed robbery and kidnapping, and in 1982 was sentenced to death for the murder conviction.

Alphonso Cave (DC# 087429) was convicted of first-degree murder, armed robbery and kidnapping (CC# 82-9546). He was sentenced to death in 1982, and resentenced to death in 1993 and 1997.

Terry Wayne Johnson (DC# 090336) was convicted in 1993 of first-degree murder and kidnapping (CC# 82-352). He was serving life sentences for each of the convictions.

Appeals

Parker filed a Direct Appeal to the Florida Supreme Court on 01/28/83. The Court agreed with the defendant that the trial court erred in admitting testimony regarding his admission of guilt, but ruled that this was harmless error. The Court affirmed the conviction and sentence on 10/24/85.

On 12/03/87, Parker filed a 3.850 Motion to the Circuit Court, which was denied on 04/05/88. On 04/28/88, Parker filed a 3.850 Appeal to the Florida Supreme Court. The Court affirmed the trial court’s denial of the 3.850 motion on 03/23/89. The Court denied Parker’s motion for a rehearing and issued a mandate on 05/26/89.

A Petition for Writ of Habeas Corpus to the Florida Supreme Court was filed on 08/25/88 and was denied on 03/23/89. Parker’s motion for a rehearing was denied on 05/26/89.

Governor Bob Martinez signed Parker’s death warrant in 08/29/89.

The following month, Parker filed a second habeas petition to the Florida Supreme Court and a second 3.850 Motion to the Circuit Court. He asked the Florida Supreme Court for a stay of execution. On 10/25/89, two days before Parker’s scheduled execution date of 10/27/89, he filed a Habeas petition in the United States District Court and was granted a stay of execution the same day.

Parker filed a second 3.850 Motion to the Circuit Court on 09/28/89. The trial court denied the 3.850 Motion on 10/16/89. Parker appealed to the Florida Supreme Court on 10/23/89. On the day the execution was stayed, the Florida Supreme Court issued a consolidated opinion affirming the trial court’s ruling and denying the second habeas petition, stating each of the 11 issued raised by Parker in both appeals were procedurally barred, and it denied the request for a stay of execution.

Parker filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District on 10/25/89. The Court denied Parker’s habeas petition on 09/03/90. Parker filed an appeal to the United States Court of Appeals, 11th Circuit on 10/01/90, arguing that his statements to law enforcement officers, which implicated him in the crimes, were inadmissible during the trial. The Court agreed, but found the trial court error was harmless and affirmed the lower court’s opinion on 10/06/92.

Parker filed a third 3.850 Motion to the Circuit Court on 06/27/94. He argued that testimony from the resentencing of codefendant Alphonso Cave would have had an exculpatory impact on Parker’s trial and, had he discovered it, would have changed the outcome of his trial. The trial court granted an evidentiary hearing on the issue. After the hearing, on 11/13/96, the trial judge granted a new penalty phase, but denied a new trial after finding that such evidence would not have resulted in a different verdict in the guilt phase.

On 12/05/96, the State appealed the Circuit Court’s order for a new penalty phase to the Florida Supreme Court. In a cross-appeal, Parker argued for a new trial. On 09/03/98, the Court agreed with the trial judge’s conclusion that, given evidence erroneously admitted during the trial along with the evidence presented during Cave’s resentencing, confidence in the jury’s recommendation for death had been undermined, and affirmed the trial court’s order for a new penalty phase. The Court rejected Parker’s claim that confidence in the verdict had been undermined as well, and affirmed the trial court’s order denying a new trial.

Parker filed a Direct Appeal to the Florida Supreme Court on 01/24/01. His convictions and sentence were affirmed on 01/22/04.

Parker filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/22/04, which was denied on 01/10/05.

Other details

Case information and procedural identifiers included Florida Supreme Court opinions 72374, 72951, 74749, 74888, and 89469, and Supreme Court case SC01-172.

Attorney names included Robert Makemson (Assistant Public Defender), Robert G. Udell (Assistant Public Defender), Mark Harllee (Assistant Public Defender), David M. Lamos (Assistant Public Defender), and Jo Ann Barone Kotzen (Registry).

Direct appeal and post-conviction proceedings included 3.850 motions and habeas petitions to both the Florida Supreme Court and the United States District Court, and subsequent appeals to the United States Court of Appeals for the 11th Circuit.

Outcome

Parker was sentenced to death on January 11, 1983 and was resentenced to death on December 13, 2000.