Anthony John Ponticelli

Case details

Name: Anthony John Ponticelli Date of birth: 04/19/67 Fifth Judicial Circuit: Marion County Case number: 87-2719-CF-AW DC number: 112967 Florida Supreme Court opinion: 73064

Timeline

• 11/27/87 — Anthony Ponticelli arrived at Keith Dotson’s house around 6:30 p.m. or 7:00 p.m. and stayed approximately 30 to 45 minutes.
• 11/27/87 — Around 7:30 p.m., Ponticelli was seen at Ralph and Nick Grandinetti’s house; Timothy Keese heard the three discussing money that Ponticelli owed the Grandinetti brothers for cocaine.
• 11/27/87 — Ponticelli told Ralph and Nick Grandinetti he would sell the cocaine they currently had and then settle up regarding the money he owed; the two brothers agreed to take Ponticelli to sell the cocaine.
• 11/27/87 — Ed Brown, Dotson’s cousin who was at Dotson’s house, stated that Ponticelli returned to Dotson’s house with two people in the car and that Ponticelli told Brown he intended to kill the two brothers for money and cocaine.
• 11/27/87 — Ponticelli showed the gun to Brown and told him that he would need a ride back to Ponticelli’s house later; Brown begrudgingly agreed and gave Ponticelli Dotson’s phone number.
• 11/27/87 — Ponticelli was incarcerated with Dennis Freeman as a cellmate after arrest; Freeman testified that Ponticelli stated the following events: Ponticelli shot the two Grandetti brothers in the head, shooting the driver first with two shots and then the passenger once; the passenger was still alive.
• 11/27/87 — Joseph Leonard, Ponticelli’s best friend, testified that Ponticelli arrived at his house around 9:30 p.m., after the shooting, and that Ponticelli returned a gun Leonard had allowed him to borrow.
• 11/27/87 — Ponticelli stated at Leonard’s house that he “did Nick” and asked Leonard what he should do with the bodies; Ponticelli told Leonard the Grandetti brothers had been harassing him about money he owed and would not let him leave their house until they got their money; Ponticelli left Leonard’s house.
• 11/27/87 — Ponticelli got a flat tire and abandoned the car with the bodies still in it.
• 11/27/87 — Around 11:30 p.m., Ponticelli took a cab back to Dotson’s house and told Dotson that he had shot the Grandetti brothers in the car for cocaine and $2000.
• 11/27/87 — Brown testified Ponticelli asked him if he thought a person could live through being shot in the head; Brown stated Ponticelli heard one of the men moaning and that Brown told Ponticelli not to worry.
• 11/27/87 — Ponticelli washed his clothes while at Dotson’s house and Brown then drove him home.
• 11/28/87 — The Grandetti brothers were found: Nick Grandetti was found on the floorboard of the car with badly injured head, gasping for air and kicking his foot; his head was covered with blood and there was blood spattered all over the car; Nick survived until 12/12/87 and died of cardiac arrest secondary to gunshot wounds; an autopsy showed two gunshot wounds to the back of the head and bruises on the back and side of his head consistent with blunt force trauma; the skin on his right ear was red and peeling consistent with hot pressure placed upon the ear for an extended period of time.
• 11/28/87 — Ralph Grandetti was found dead in the back seat of the car; the medical examiner stated Ralph died within two minutes of being shot; Ralph was shot once in the head at close range.
• 11/29/87 — Ponticelli burned some clothing in Ronald Halsey’s backyard.
• 12/12/87 — Nick Grandetti died of cardiac arrest secondary to the gunshot wounds.
• 12/21/87 — Defendant entered a written plea of not guilty.
• 01/11/88 — Defendant filed a motion to change plea; the hearing was scheduled for 02/29/88.
• 02/18/88 — Order for substitution of counsel was granted based on a conflict the Public Defender’s Office had due to their previous representation of one of the witnesses.
• 02/29/88 — The hearing on the motion to change plea was scheduled.
• 07/25/88 — Motion to rely on insanity defense was entered.
• 08/12/88 — Defendant was found guilty of both counts of First-Degree Murder.
• 08/18/88 — Jury recommended death by a vote of 9-3.
• 09/06/88 — Sentenced as follows: Count I: First-Degree Murder — Death; Count II: First-Degree Murder — Death; Count III: Armed Robbery Using a Weapon — Dismissed.
• 09/08/88 — Ponticelli filed a Direct Appeal in the Florida Supreme Court.
• 10/10/91 — The Florida Supreme Court affirmed Ponticelli’s conviction and sentence.
• 03/09/92 — The rehearing was denied.
• 04/08/92 — The mandate was issued.
• 06/08/92 — Ponticelli filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 10/05/92 — The USSC granted certiorari and remanded the case to the Florida Supreme Court for further consideration in light of Espinosa v. Florida due to rejection of the claim regarding the constitutionality of the aggravating factors of heinous, atrocious, or cruel and cold, calculated, and premeditated.
• 03/04/93 — The Florida Supreme Court issued a revised opinion.
• 05/27/93 — The rehearing was denied.
• 06/28/93 — The mandate was issued.
• 08/25/93 — Ponticelli filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 10/18/93 — The petition was denied.
• 05/17/95 — Ponticelli filed a 3.850 Motion to the Circuit Court.
• 11/01/02 — The 3.850 Motion was denied.
• 01/06/03 — Ponticelli filed a 3.850 Appeal to the Florida Supreme Court.
• 03/18/05 — The Court ordered to consolidate this case with Ponticelli’s Petition for Writ of Habeas Corpus.
• 08/31/06 — The Court affirmed the trial court’s denial of Ponticelli’s 3.850 Motion.
• 08/26/03 — Ponticelli filed a second 3.850 Motion to the Circuit Court, which was denied.
• 09/12/03 — Ponticelli filed a 3.850 Appeal to the Florida Supreme Court, which was denied on 06/09/04.
• 10/20/03 — Ponticelli filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 08/31/06 — The Court denied Ponticelli’s Petition for Writ of Habeas Corpus.
• 08/31/06 — The Florida Supreme Court denied post-conviction relief.

Background

On 11/27/87, Anthony Ponticelli arrived at Keith Dotson’s house around 6:30 p.m. or 7:00 p.m. Around 7:30 p.m., Ponticelli was seen at Ralph and Nick Grandinetti’s house. Timothy Keese, the Grandinetti’s roommate, heard the three discussing money that Ponticelli owed the two brothers for cocaine. Ponticelli told the two brothers that he would sell the cocaine that they currently had and then settle up with them in regard to the money that he owed them.

The offence

The two brothers agreed to take Ponticelli to sell the cocaine. The three left the house. When Keese returned, neither of the Grandinetti brothers was there.

Ed Brown stated that Ponticelli returned to Dotson’s house with two people in the car. Brown stated that Ponticelli told him he intended to kill the two brothers for money and cocaine. Brown said Ponticelli showed the gun to him and told him that he would need a ride back to Ponticelli’s house later; Brown agreed and gave him Dotson’s phone number.

Dennis Freeman, Ponticelli’s cellmate after arrest, testified that Ponticelli stated that he shot the two Grandetti brothers in the head, shooting the driver first with two shots and then the passenger once; Freeman testified that the passenger was still alive.

Joseph Leonard, Ponticelli’s best friend, testified that Ponticelli arrived at his house around 9:30 p.m., after the shooting. Ponticelli returned a gun that Leonard had allowed him to borrow. Ponticelli stated that he “did Nick” and asked Leonard what he should do with the bodies. Ponticelli told Leonard that the Grandetti’s had been harassing him about money that he owed them and would not let him leave their house until they got their money. Ponticelli then left Leonard’s house.

After leaving Leonard’s house, Ponticelli got a flat tire and abandoned the car with the bodies still in it. Around 11:30 p.m., Ponticelli took a cab back to Dotson’s house. Ponticelli told Dotson that he had shot the Grandetti brothers in the car for cocaine and $2000. Brown testified that Ponticelli asked him if he thought a person could live through being shot in the head; Brown stated that Ponticelli had heard one of the men moaning and that Brown told Ponticelli not to worry. Brown testified that Ponticelli washed his clothes while at Dotson’s house and Brown then drove him home.

Victims and findings

The Grandetti brothers were found on 11/28/87. Nick Grandetti was found on the floorboard of the car; his head was badly injured, he was gasping for air and kicking his foot. His head was covered with blood and blood was spattered all over the car. Nick survived until 12/12/87 and died of cardiac arrest secondary to the gunshot wounds.

An autopsy showed that Nick had suffered two gunshot wounds to the back of the head and had a number of bruises on the back and side of his head consistent with blunt force trauma. The skin on his right ear was red and peeling consistent with hot pressure being placed upon the ear for an extended period of time.

Ralph Grandetti was dead in the back seat of the car when the two were found. The medical examiner stated that Ralph died within two minutes of being shot. Ralph was shot once in the head at close range.

Investigation and evidence

On 11/29/87, Ponticelli burned some clothing in Ronald Halsey’s backyard. Halsey testified that he asked Ponticelli why he was burning his clothes and Ponticelli told him that he had shot two men who he owed money for cocaine. Halsey testified that Ponticelli stated that he shot both of the men in the head and threw one in the back seat. Halsey testified that Ponticelli stated that the other man was still moving so Ponticelli related that he hit him in the head with the butt of the gun a number of times.

Ponticelli told Halsey that he had a flat tire, so he took several grams of cocaine and $90 in cash. Leonard gave the police the murder weapon and provided them with a statement. This evidence and statement resulted in Ponticelli’s arrest.

Trial

Charges

On 11/27/87, Ponticelli was indicted as follows:

• Count I: First-Degree Murder
• Count II: First-Degree Murder
• Count III: Armed Robbery Using a Weapon

Pleas and motions

On 12/21/87, defendant entered a written plea of not guilty. On 01/11/88, defendant filed a motion to change plea, and the hearing was scheduled for 02/29/88. On 02/18/88, an order for substitution of counsel was granted based on a conflict the Public Defender’s Office had due to their previous representation of one of the witnesses. On 07/25/88, motion to rely on insanity defense was entered.

Verdict and recommendations

On 08/12/88, defendant was found guilty of both counts of First-Degree Murder. On 08/18/88, the jury recommended death by a vote of 9-3.

Quotes and statements

Dennis Freeman, Ponticelli’s cellmate after arrest, testified that Ponticelli stated:

Ponticelli shot the two Grandetti brothers in the head. He shot the driver first with two shots and then the passenger once. The passenger was still alive.

Joseph Leonard, Ponticelli’s best friend, testified that Ponticelli stated:

“did Nick”

Sentencing

On 09/06/88, Ponticelli was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: First-Degree Murder — Death
• Count III: Armed Robbery Using a Weapon — Dismissed

Appeals

Direct appeal (Florida Supreme Court)

Ponticelli filed a direct appeal in the Florida Supreme Court on 09/08/88. The main issues raised regarding the guilt phase were that the court incorrectly found Ponticelli competent to stand trial and that three statements made to the police investigator should have been suppressed. The Court stated that there was sufficient evidence to support the trial court’s ruling on Ponticelli’s competency to stand trial.

The Court stated that it agreed with Ponticelli that the second statement was inadmissible, but that the error was harmless. The Court rejected all issues raised regarding the penalty phase.

The Florida Supreme Court affirmed Ponticelli’s conviction and sentence on 10/10/91. The rehearing was denied on 03/09/92, and the mandate was issued on 04/08/92.

U.S. Supreme Court and revised Florida opinion

Ponticelli filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/08/92. The USSC granted certiorari and remanded the case to the Florida Supreme Court for further consideration in light of Espinosa v. Florida on 10/05/92 due to the rejection of the claim regarding the constitutionality of the aggravating factors of heinous, atrocious, or cruel and cold, calculated, and premeditated. The Florida Supreme Court issued a revised opinion on 03/04/93.

The revised opinion stated that the challenge to the instruction given for the aggravating factors was procedurally barred because there was no request for specific instructions or objections raised at the time of the trial. The court affirmed Ponticelli’s conviction and sentence. The rehearing was denied on 05/27/93, and the mandate was issued on 06/28/93.

Ponticelli filed a Petition for Writ of Certiorari to the United States Supreme Court on 08/25/93. The petition was denied on 10/18/93.

Post-conviction proceedings and habeas corpus

Ponticelli filed a 3.850 Motion to the Circuit Court on 05/17/95, which was denied on 11/01/02. Ponticelli filed a 3.850 Appeal to the Florida Supreme Court on 01/06/03. On 03/18/05, the Court ordered to consolidate this case with Ponticelli’s Petition for Writ of Habeas Corpus.

On appeal, Ponticelli raised five issues:

1. The State violated Brady and Giglio in a number of ways throughout trial.
2. The State suppressed several pieces of evidence regarding the cocaine party that began the night before the homicides.
3. Ineffective assistance of counsel during the penalty phase and guilt phase.
4. Denial of competent mental health assistance.
5. Inappropriate summary denial of claims raised in his fifth amended 3.850 Motion.

The Court determined none of these allegations had merit and Ponticelli failed to establish support for these claims. On 08/31/06, the Court affirmed the trial court’s denial of Ponticelli’s 3.850 Motion.

Ponticelli filed a second 3.850 Motion to the Circuit Court, which was denied on 08/26/03. Ponticelli filed a 3.850 Appeal to the Florida Supreme Court on 09/12/03, which was denied on 06/09/04.

Ponticelli filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 10/20/03. On 03/18/05, the Court ordered to consolidate this case with Ponticelli’s 3.850 Appeal. In his Petition for Writ of Habeas Corpus, Ponticelli made the claims that Florida’s capital sentencing scheme was unconstitutional under Ring, that Ponticelli’s death sentence was unconstitutional, and that the appellate counsel rendered ineffective assistance. The Court found each claim without merit. On 08/31/06, the Court denied Ponticelli’s Petition for Writ of Habeas Corpus.

Other details

In 1988, the jury recommended death by a vote of 9-3.

A justice, Harry Lee Anstead, agreed with the conviction but wrote that he felt Ponticelli should have another penalty phase and stated:

“The State permitted false testimony to be presented on this issue (cocaine) that the State's investigator knew to be false. . . . Nevertheless, the State allowed Keesee (a witness) to testify falsely . . . I agree with the majority that Ponticelli is not entitled to relief from his convictions. I cannot agree, however, that he is not entitled to a new penalty phase when it is so apparent that a completely false picture was presented to the jury of Ponticelli's drug use at the time of the crime,” Anstead wrote.

Assistant State Attorney Sarah Ritterhoff Williams handled the case.

During reported proceedings, Rayona Russo, the mother of the victims, said:

“Nicki didn't die right away. He was in a coma at Shands. He was shot up in the temple,” Russo said. “When he died, he was curled up like a baby.”

Reportedly, Ponticelli’s appeal claimed prosecutors withheld information about cocaine use the night of the murders, did not inform him of what he viewed as deals with witnesses who testified against him at trial, and that the state allowed witnesses to give false testimony regarding the drug use. He also claimed he had ineffective appellate counsel.

FloridaCapitalCases.state.fl.us noted: Death row inmate's trial denied - High court rules out appeal in 1987 slaying Ocala Star-Banner September 1, 2006.