Byron Bryan

Case information

Byron Bryan was born 02/20/67 and was tried in the Fifteenth Judicial Circuit, Palm Beach County, Case #92-791.

The sentencing judge for Trial I and Trial II was The Honorable Marvin U. Mounts, Jr.

Attorneys:

• Trial I: Richard Springer & Anthony Natale – Private Attorneys
• Trial II: Michael Dubiner & Greg Lerman – Private Attorney
• Direct Appeal I: Charles Musgrove – Private Attorneys
• Direct Appeal II: Michael Dubiner & Mark Wilensky – Private Attorney
• Collateral Appeals: Leor Veleanu – CCRC-S

Timeline

• 12/16/91 — Date of offence
• 04/21/93 — Date of sentence I
• 02/05/99 — Date of sentence II
• 02/06/92 — Trial-related date shown in the case narrative
• 03/15/93 — Jury found the defendant guilty on both counts; advisory sentencing returned a 9 to 3 vote for death
• 04/19/95 — The Florida Supreme Court vacated Bryant’s convictions and sentence of death and remanded for a new trial
• 02/13/98 — At retrial, the defendant was found guilty as charged
• 06/01/93 — Byron Bryant filed a Direct Appeal in the Florida Supreme Court
• 02/18/99 — Bryant filed another Direct Appeal in the Florida Supreme Court
• 04/05/01 — The Florida Supreme Court affirmed convictions and sentence of death
• 11/13/01 — The United States Supreme Court denied Bryant’s Petition for Writ of Certiorari
• 11/20/02 — Bryant filed a 3.850 Motion in the State Circuit Court
• 12/19/02 — The State’s Motion to Strike the 3.850 was granted
• 03/04/03 — Bryant filed an amended 3.850 motion
• 08/11/03 — The amended motion was denied
• 09/08/03 — Bryant appealed the denial in the Florida Supreme Court
• 04/28/05 — The Florida Supreme Court affirmed the denial of the Motion
• 01/20/04 — Bryant filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court
• 04/28/05 — The Florida Supreme Court denied the Petition

The offence

Byron Bryant was convicted and sentenced to death for the 12/16/91 murder of Leonard Andre.

On the evening of 12/16/91, two unidentified men entered Andre’s Market in Delray Beach. Leonard Andre was in the back of the store preparing the day’s receipts, while his wife tended to the front of the store.

As the men entered the store, one headed to the back in an apparent search for the restroom, while the other man remained out front. The man in the front of the store, at gunpoint, demanded money from Mrs. Andre. As she gave him the money, she heard the sound several gunshots radiate from the back of the store. After the two men fled, Mrs. Andre ran to the back of the store where she found her husband lying in a pool of blood.

Leonard Andre had been shot three times at close range.

Neither Mrs. Andre nor her brother, who witnessed the incident from across the street, could give a detailed description of the assailants or identify Bryant out of a photo lineup.

There was no physical evidence linking him to the robbery or murder. Bryant’s involvement was only suspected after several of his acquaintances tipped off police.

Upon arrest, Bryant confessed to murdering Andre during the attempted robbery.

During his trial, however, Bryant denied any involvement and insisted that his previous statement was the product of police coercion.

Trial

Charges and indictment

The defendant was indicted on the following:

• Count I: First-Degree Murder
• Count II: Robbery with a Firearm

Verdict

The jury found the defendant guilty on both counts charged in the indictment.

Advisory sentencing

Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the imposition of the death penalty.

Sentencing

On 04/21/93, the defendant was sentenced as followed:

• Count I: First-Degree Murder – Death
• Count II: Robbery with a Firearm – Life

Reversible error and vacation of convictions and sentence of death

The Florida Supreme Court vacated Bryant’s convictions and sentence of death on 04/19/95. The Florida Supreme Court remanded the case for a new trial, finding that it was reversible error for the trial judge to be absent from the courtroom during a readback of testimony.

Retrial

At retrial, the defendant was found guilty as charged on 02/13/98.

During retrial, Bryant waived his right to a jury for an advisory sentencing recommendation.

On 02/05/99, the defendant was resentenced as followed:

Appeals and collateral proceedings

Direct Appeal in Florida Supreme Court filed 06/01/93

On 06/01/93, Byron Bryant filed a Direct Appeal in the Florida Supreme Court.

Bryant argued that the trial court erred in refusing to excuse six jurors for cause, thus requiring the defense to use its peremptory challenges to remove them. In examining this issue, the Florida Supreme Court found that the trial court did not abuse its discretion by refusing to excuse five of the six jurors.

The trial court did err in denying Bryant’s challenge for cause with regard to potential juror Pekkola; however, the Florida Supreme Court found this error to be harmless.

Bryant also argued that the trial judge committed “fundamental error by leaving the courtroom during a readback of testimony without an informed waiver of the judge’s presence by the defendant.”

The Florida Supreme Court agreed, finding “the trial court’s absence during the readback of testimony without a valid waiver constitutes reversible error.”

As such, the Florida Supreme Court vacated Bryant’s convictions and sentence of death and remanded the case for a new trial.

Direct Appeal filed 02/18/99

Bryant filed another Direct Appeal in the Florida Supreme Court on 02/18/99.

Bryant argued that the trial court erred in finding him competent to stand trial and in requiring him to wear restraints while being tried.

The Florida Supreme Court noted that it was an error to require Bryant to wear restraints without holding a hearing to determine the if the restraints were warranted; however, due to Bryant’s history of violent courtroom behavior, the high court deemed the error to be harmless.

Bryant also contended that the trial court failed to adequately evaluate several nonstatutory mitigating factors.

The Florida Supreme Court affirmed his convictions and sentence of death on 04/05/01.

Petition for Writ of Certiorari to the United States Supreme Court

Bryant filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 11/13/01.

3.850 Motion and related appeal

Bryant filed a 3.850 Motion in the State Circuit Court on 11/20/02.

The State filed a Motion to Strike the 3.850, which was granted on 12/19/02.

As such, Bryant filed an amended motion on 03/04/03 that was denied on 08/11/03.

Bryant filed an appeal of that decision in the Florida Supreme Court on 09/08/03, citing ineffective assistance of counsel and Ring and Apprendi claims.

On 04/28/05, the Florida Supreme Court affirmed the denial of the Motion.

Petition for Writ of Habeas Corpus

Bryant also filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/20/04, citing ineffective assistance of counsel.

On 04/28/05, the Florida Supreme Court denied the Petition.

Outcome

Bryant was sentenced to death on 04/21/93 for Count I (First-Degree Murder) and sentenced to Life for Count II (Robbery with a Firearm). The Florida Supreme Court vacated his convictions and his sentence of death on 04/19/95 and remanded for a new trial due to the trial judge’s absence from the courtroom during a readback of testimony.

After retrial, Bryant was found guilty as charged and was resentenced to death for Count I and Life for Count II on 02/05/99. The Florida Supreme Court affirmed his convictions and sentence of death on 04/05/01, and the United States Supreme Court denied his Petition for Writ of Certiorari on 11/13/01.

Other details

• Date of offence: 12/16/91
• Date of sentence I: 04/21/93
• Date of sentence II: 02/05/99
• Circumstances of offence: Bryant confessed to murdering Andre during the attempted robbery; at trial, Bryant denied involvement and insisted that his previous statement was the product of police coercion. Neither Mrs. Andre nor her brother could identify Bryant from a photo lineup, and there was no physical evidence linking him to the robbery or murder.