Leo Edward Perry

Case information

Leo Edward Perry was sentenced to death for the 02/21/97 murder of John Johnson.

Timeline

• 02/20/97 — Johnston checked into a motel in Pensacola.
• 02/21/97 — Johnston’s body was discovered in the bed with eight stab wounds.
• 11/24/97 — Perry was indicted.
• 07/22/99 — Perry’s trial returned guilty verdicts on all counts of the indictment.
• 07/23/99 — The jury recommended death by a vote of 10-2.
• 08/26/99 — Perry was sentenced to death.
• 09/09/99 — Perry filed a Direct Appeal to the Florida Supreme Court.
• 10/18/01 — The Florida Supreme Court affirmed the conviction but remanded the case to the trial court for resentencing.

Background

On the evening of 02/20/97, Johnston checked into a motel in Pensacola. According to the clerk on duty, no one was with Johnston when he checked in.

The offence

Johnston’s body was discovered in the bed with eight stab wounds.

Police found Perry’s fingerprint on a soap wrapper that was inside the room. Police also linked Perry’s DNA to a bloodstain on a towel and Perry’s saliva on a cigarette butt found at the scene. Johnston’s blood was discovered on a light switch in the bathroom.

Perry stated that the two men met when he was hitchhiking somewhere in Alabama when Johnston offered him a ride. Perry stated that they drove to Pensacola when Johnston decided to spend the night there. Perry stated that Johnston offered to have Perry stay in the room with him and continue on the road the next morning, and that Perry accepted the offer.

Perry stated that that night he went out to bars to drink and smoke crack. Perry claimed that by the time he returned to the motel room he was extremely intoxicated. Perry further stated that he fell asleep and awoke to Johnston masturbating while standing over Perry. Perry stated that he was still intoxicated at that point and did not remember what happened.

Perry recalled sitting in a chair while Johnston’s body was on the bed covered in blood. Perry stated that he cleaned up, covered Johnston’s body and left in Johnston’s truck.

A woman who was in the room next to Johnston stated that she heard noises coming from Johnston’s room and later saw a man resembling Perry drive off in Johnston’s truck.

Investigation

The Florida Highway Patrol located the victim’s truck in Palm Beach County. The driver of the truck told the Highway Patrol that Perry had lent the truck to him in exchange for drugs. Perry’s fingerprints were discovered on a plastic bag inside the truck.

Trial

Perry’s trial took place in the First Judicial Circuit, Escambia County (Case# 97-4992).

Indictment

On 11/24/97, Perry was indicted:

• Count I: First-Degree Murder

Verdict and recommendation

On 07/22/99, the jury returned guilty verdicts on all counts of the indictment. On 07/23/99, the jury recommended death by a vote of 10-2.

Sentencing

On 08/26/99, Perry was sentenced as follows:

• Count I: First-Degree Murder — Death

Sentencing judge: The Honorable Joseph Q. Tarbuck. Trial attorney: Michael R. Rollo – Assistant Public Defender. Direct appeal attorney: Michael R. Rollo – Court-appointed.

Appeals

On 09/09/99, Perry filed a Direct Appeal to the Florida Supreme Court.

On 10/18/01, the Court affirmed the conviction but remanded the case to the trial court for resentencing. The Florida Supreme Court agreed with Perry’s argument that the trial court should not have allowed Perry’s ex-wife to testify about his violent behavior during the penalty phase.

The Florida Supreme Court stated that, in order for direct evidence to be admissible in the penalty phase, it must be related to an aggravating circumstance. The State never claimed that the testimony was relevant to any aggravating circumstance.

The State argued that the defense had “opened the door” to the testimony by claiming Perry was a nonviolent person during the guilty phase. The Florida Supreme Court noted that the State’s answer brief did not refer to the record where the defense claimed Perry was nonviolent. As a result, the Court found the testimony of Perry’s ex-wife to be inadmissible nonstatutory aggravation.