Michael George Bruno

Case record: Michael George Bruno

Personal details

Michael George Bruno was convicted for the murder of Lionel Merlano.

Background

Bruno was on probation for constructive possession when he murdered Lionel Merlano.

Michael George Bruno, Jr., Bruno’s son, was present during the murder. He was never brought up on any charges as a result of an exculpatory statement given by his father on his behalf.

The offence

Michael George Bruno was convicted and sentenced to death for the murder of Lionel Merlano on 08/08/86.

According to testimony given by Michael George Bruno, Jr., the defendant’s son, Bruno and his father, Michael George Bruno, Sr., visited the home of Lionel Merlano on the evening of 08/08/86. After listening to music and drinking beer for a while, Bruno excused himself and went to the bathroom. Upon returning, Bruno removed a crowbar from his pants and began striking Merlano. Merlano was injured, but still alive.

Bruno ordered his son to retrieve a gun that was under the bathroom sink. When his son returned with the gun, Bruno placed a pillow over Merlano’s head, firing two shots into his head.

Bruno returned numerous times to Merlano’s apartment in order steal all of the stereo equipment and other electronic devices.

Merlano’s body was not discovered until 08/11/86, three days later.

Bruno argued that Merlano’s murder resulted from a fight between the two. Bruno contended that Merlano was antagonizing his son, and that Merlano retrieved the gun from the bathroom. Bruno reported that he obtained the gun from Merlano and only shot him as he was reaching for the gun.

Investigation

Trial summary included that the defendant was arrested on 08/13/86.

Arrest

08/13/86 Defendant arrested.

Trial

Bruno was indicted on 09/11/86 on:

• Count I: First-Degree Murder
• Count II: Armed Robbery

On 08/11/87, the jury found the defendant guilty on both counts.

On 08/12/87, upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the death penalty.

Sentencing

On 09/25/87, the defendant was sentenced as followed:

• Count I: First-Degree Murder – Death
• Count II: Armed Robbery – Life in Prison

Sentencing judge: The Honorable Thomas M. Coker, Jr.

Trial attorney: C. Craig Stella – Private Attorneys Direct appeal: Steven Malone & Richard Greene - Assistant Public Defenders Attorneys Collateral appeals: William Hennis & Todd Scher – CCRC-S

Appeals

Bruno filed a Direct Appeal in the Florida Supreme Court on 11/09/87. In that appeal, Bruno claimed that his confession should have been suppressed because it was coerced through promises regarding the treatment of his son. In addition, Bruno argued that there was insufficient evidence to convict him of robbery, and that the trial judge erred in instructing the jury on excusable homicide.

Bruno raised numerous other claims in his appeal, which were all summarily denied without discussion.

The Florida Supreme Court affirmed Bruno’s murder conviction and sentence of death on 01/03/91; however, they remanded his case for resentencing regarding his robbery conviction. The Florida Supreme Court ordered Bruno to be resentenced on that conviction according to sentencing guidelines. The mandate was issued on 04/01/91.

Bruno filed a Petition for Writ of Certiorari in the United States Supreme Court on 05/24/91. It was denied on 10/07/91.

Bruno filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court on 07/26/93. It was denied on 12/09/97. He appealed this decision to the Florida Supreme Court on 1/20/98; it was denied on 12/06/01.

Bruno filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 02/26/02. It was denied on 12/05/02.

Bruno filed a Petition for Writ of Certiorari on 05/09/03, which was denied on 10/06/03.

On 09/30/03, Bruno filed a 3.853 Motion for DNA testing in the State Circuit Court, which was subsequently denied on 03/16/04.

Bruno also filed a Successive 3.850 Motion that was denied 03/16/04.

On 04/19/04, Bruno filed a 3.851 Motion and 3.853 Appeal (DNA) in the Florida Supreme Court, which was denied on 12/29/05.

On 03/24/06, Bruno filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, that is pending.

Outcome

Bruno was affirmed in his murder conviction and sentence of death by the Florida Supreme Court on 01/03/91, with remand for resentencing regarding his robbery conviction.

Timeline

• 01/03/91 — Florida Supreme Court affirmed Bruno’s murder conviction and sentence of death; remanded for resentencing regarding robbery conviction
• 04/01/91 — Mandate was issued for resentencing regarding the robbery conviction
• 05/24/91 — Bruno filed a Petition for Writ of Certiorari in the United States Supreme Court
• 10/07/91 — United States Supreme Court denied the Petition for Writ of Certiorari
• 07/26/93 — Bruno filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court
• 12/09/97 — Motion to Vacate Judgment and Sentence (3.850) was denied
• 01/20/98 — Bruno appealed the denial of his 3.850 motion to the Florida Supreme Court
• 12/06/01 — Florida Supreme Court denied the appeal
• 02/26/02 — Bruno filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court
• 12/05/02 — Petition for Writ of Habeas Corpus was denied
• 05/09/03 — Bruno filed a Petition for Writ of Certiorari
• 10/06/03 — Petition for Writ of Certiorari was denied
• 09/30/03 — Bruno filed a 3.853 Motion for DNA testing
• 03/16/04 — DNA testing motion was denied
• 03/16/04 — Successive 3.850 Motion was denied
• 04/19/04 — Bruno filed a 3.851 Motion and 3.853 Appeal (DNA) in the Florida Supreme Court
• 12/29/05 — Florida Supreme Court denied the 3.851 Motion and 3.853 Appeal (DNA)
• 03/24/06 — Bruno filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District

Other details

Supreme Court of Florida opinion 71419 opinion SC02-467 DC# 658761 DOB: 04/14/51 Seventeenth Judicial Circuit, Broward County Case #86-11892 Date of Offense: 08/08/86 Date of Sentence: 09/25/87 Circumstances of Offense: Bruno was convicted and sentenced to death for the murder of Lionel Merlano on 08/08/86. He returned numerous times to Merlano’s apartment in order steal all of the stereo equipment and other electronic devices.