Leroy Pooler

Case information

Leroy Pooler (born 01/27/48) was tried in the Fifteenth Judicial Circuit, Palm Beach County. The case number was 95-117CFA02. The sentencing judge was The Honorable Virginia Gay Broome. Trial attorney Michael Salnick – Private Attorney represented the defendant. Direct appeal attorney Michael D. Lededecker – Private Attorney represented the defendant. Collateral appeals attorney Bradley M. Collins – Registry handled collateral proceedings.

Timeline

• 01/30/95 — Leroy Pooler showed up to the house of his ex-girlfriend, Kim Brown, and knocked on the front door of the apartment.
• 02/08/95 — Trial began with an indictment returned with three counts: Count I First-Degree Murder with a Firearm; Count II Burglary of a Dwelling While Armed with a Firearm; Count III Attempted First-Degree Murder with a Firearm.
• 02/17/95 — Defendant was arraigned; he stood mute and the court entered a plea of Not Guilty.
• 01/17/96 — Jury returned guilty verdicts on all counts of the indictment.
• 02/08/96 — Jury recommended death by a vote of 9-3.
• 02/23/96 — Sentenced for Counts II and III: Count II Burglary of a Dwelling While Armed with a Firearm – Life; Count III Attempted First-Degree Murder with a Firearm – Life.
• 03/29/96 — Sentenced for Count I: First-Degree Murder with a Firearm – Death.
• 04/19/96 — Pooler filed a Direct Appeal to the Florida Supreme Court.
• 11/06/97 — Pooler’s conviction and sentence were affirmed.
• 01/23/98 — Rehearing was denied.
• 02/23/98 — The mandate was issued.
• 06/04/98 — Pooler filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 10/05/98 — The petition was denied.
• 09/17/99 — Pooler filed a 3.850 Motion to the Circuit Court.
• 11/01/99 — A written order denying the motion was issued.
• 11/08/99 — Pooler filed a motion to vacate the order denying the 3.850 Motion.
• 01/13/00 — The motion was granted and the court gave Pooler 60 days to file an Amended 3.850 Motion.
• 03/13/00 — Pooler filed an Amended 3.850 Motion.
• 11/08/02 — A Second Amended Motion was filed.
• 11/04/05 — An order was issued denying the amended 3.850 Motion.
• 12/01/05 — Pooler filed a 3.850 Appeal to the Florida Supreme Court, which was pending.

Background

On 01/30/95, Leroy Pooler showed up to the house of his ex-girlfriend, Kim Brown. The incident involved Ms. Brown and her brother, Alvonza Colson.

The offence

Pooler knocked on the front door of the apartment. Ms. Brown and her brother, Alvonza Colson, were home at the time. Ms. Brown told Pooler that she did not want to see him anymore. There was evidence that supported the hypothesis that Ms. Brown was dating another man.

Alvonza Colson opened the door and inquired as to what Pooler wanted. When Mr. Colson saw that Pooler had a gun, he attempted to run through the front door and escape. Pooler shot him in the back and dragged him back into the apartment by his leg.

Ms. Brown began to plead with Pooler not to kill her or her brother. She requested that Mr. Colson get to a hospital, and Pooler agreed to allow him to call an ambulance. Pooler then changed his mind and told Mr. Colson to call an ambulance once he and Ms. Brown left.

Ms. Brown followed Pooler to the front door and shut and locked the door after Pooler exited. Mr. Colson told Brown to run out of the back of the apartment and he would stay and call an ambulance. Mr. Colson realized that the phone wires had been cut. Pooler was breaking through the front door while Mr. Colson moved toward the back door.

Pooler found Mr. Colson hiding in an area near the back door, but was distracted by Ms. Brown’s cries for help from behind the apartment. Pooler left Mr. Colson and left the apartment.

When Pooler caught up with Ms. Brown, he struck her in the head with the gun. This blow caused the gun to fire. Pooler pulled Ms. Brown toward his car as she begged him not to kill her. Ms. Brown began to fight against Pooler. As Pooler began to pull her back towards the apartment, he shot her several times. At one point, he paused to say, “You want some more?”

Several witnesses saw the shooting. Ms. Brown was shot five times, one of which was in the head. Pooler drove away in his car.

Two days prior to the incident, Ms. Brown told one of her friends that Pooler had told her that he was going to kill her because, “if he could not have her, no one else would.”

Investigation

The case included evidence supporting the hypothesis that Ms. Brown was dating another man. It also included evidence that the phone wires had been cut.

Trial

Pooler was indicted on three counts:

• Count I: First-Degree Murder with a Firearm
• Count II: Burglary of a Dwelling While Armed with a Firearm
• Count III: Attempted First-Degree Murder with a Firearm

On 02/17/95, Defendant was arraigned. He stood mute, so the court entered a plea of Not Guilty.

On 01/17/96, the jury returned guilty verdicts on all counts of the indictment.

On 02/08/96, the jury recommended death by a vote of 9-3.

Sentencing

On 02/23/96, the court sentenced Pooler as follows for Counts II and III:

• Count II: Burglary of a Dwelling While Armed with a Firearm – Life
• Count III: Attempted First-Degree Murder with a Firearm – Life

On 03/29/96, the court sentenced Pooler as follows for Count I:

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

Appeals

Pooler filed a Direct Appeal to the Florida Supreme Court on 04/19/96. The main issues in Pooler’s appeal were surrounding the aggravating and mitigating factors of the case. The court found either no error, evidence to support the trial court’s disposition, no abuse of discretion, or the issues to be meritless.

Pooler’s conviction and sentence were affirmed on 11/06/97. The rehearing was denied on 01/23/98, and the mandate was issued on 02/23/98.

Pooler filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/04/98, and the petition was denied on 10/05/98.

Pooler then filed a 3.850 Motion to the Circuit Court on 09/17/99. A written order denying the motion was issued on 11/01/99. On 11/08/99, Pooler filed a motion to vacate the order denying the 3.850 Motion, and on 01/13/00, the motion was granted and the court gave Pooler 60 days to file an Amended 3.850 Motion.

On 03/13/00, Pooler filed an Amended 3.850 Motion. A Second Amended Motion was filed on 11/08/02. On 11/04/05, an order was issued denying the amended 3.850 Motion.

On 12/01/05, Pooler filed a 3.850 Appeal to the Florida Supreme Court, which was pending.

Other details

Florida Supreme Court opinion number 87771 and opinion SC05-2191 were associated with the case. The docket number was DC# 124283. The Florida Supreme Court proceeding related to sentencing.