Thomas Dewey Pope

Case information

Thomas Dewey Pope (DOB: 01/29/49) was prosecuted in the Seventeenth Judicial Circuit, Broward County. The case number was 81-3047CF (DC# 083040). The sentencing judge was The Honorable Arthur J. Franza. The trial attorney was Scott T. Eber (Private Attorney). The direct appeal attorney was Michael D. Gelety (Special Public Defender Attorney). The collateral appeals attorney was Rachel L. Day (CCRC-S). The date of offense was 01/19/81. The date of sentence was 04/07/82.

Timeline

• 01/16/81 — Al Doranz and Caesar Di Russo were killed.
• 01/17/81 — Walters checked into a hotel.
• 01/18/81 — Pope told Walters that he would take her to see Doranz; Pope drove Walters to a canal.
• 01/19/81 — The bodies of Al Doranz and Caesar Di Russo were found in Walters’ apartment.
• 01/21/81 — Walters’ body was found floating in the canal.
• 01/19/81 — Date of offense recorded.
• 03/25/81 — Pope was indicted.
• 02/25/82 — Jury returned guilty verdicts on all counts of the indictment.
• 02/25/82 — Jury recommended death for Count III by a vote of 9-3.
• 04/07/82 — Sentence was imposed.
• 05/13/82 — Pope filed a direct appeal to the Florida Supreme Court.
• 10/27/83 — Florida Supreme Court affirmed the conviction and sentence.
• 01/11/84 — Rehearing was denied.
• 02/17/84 — Mandate was issued.
• 09/18/84 — Pope filed a 3.850 motion to the Circuit Court.
• 12/30/86 — The 3.850 motion was denied.
• 05/22/85 — Pope filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 10/16/86 — The habeas petition was denied.
• 01/14/87 — Pope filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 03/30/87 — The petition was denied.
• 08/24/89 — Pope filed a 3.850 appeal to the Florida Supreme Court.
• 10/11/89 — The court affirmed denial of the 3.850 motion.
• 12/17/90 — Mandate was issued.
• 09/09/91 — Pope filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District.
• 03/28/94 — The petition was dismissed without prejudice.
• 02/19/99 — Pope filed a motion to reopen.
• 02/23/99 — An order to reopen was issued by the United States District Court.
• 04/19/00 — An order dismissing certain claims and requiring further debriefing on remaining claims was filed.
• 02/05/02 — Pope filed a Motion to Hold Proceedings in Abeyance pending deposition of the State Court proceedings.
• 03/19/02 — The court granted the motion.
• 03/25/02 — The case was closed by the court.
• 12/11/03 — Pope reinstated the habeas petition.
• 04/26/04 — The petition was amended and is currently pending.
• 04/06/95 — Pope filed a second 3.850 motion to the Circuit Court.
• 05/29/96 — The circuit court denied Pope’s 3.850 motion.
• 10/17/96 — Pope filed a 3.850 appeal to the Florida Supreme Court.
• 12/04/97 — The Florida Supreme Court affirmed denial of Pope’s 3.850 motion.
• 02/19/98 — Rehearing was denied.
• 03/23/98 — Mandate was issued.
• 02/04/02 — Pope filed his third 3.850 motion to the Circuit Court.
• 04/23/02 — The motion was denied.
• 05/20/02 — Pope filed a 3.850 appeal to the Florida Supreme Court.
• 04/11/03 — The court affirmed denial of his 3.850 motion.
• 08/21/02 — Pope filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 04/11/03 — The petition was denied.
• 09/13/05 — Pope filed another Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 11/03/05 — The petition was denied.
• 01/18/06 — Rehearing was denied.

The offence

The two victims, Al Doranz and Caesar Di Russo, were killed on 01/16/81. Pope was convicted of their murder in addition to the murder of Kristine Walters.

Thomas Pope and Susan Eckard, Pope’s girlfriend, admitted being with Al Doranz and Kristine Walters, Doranz’s girlfriend, at Ms. Walters’ apartment on the night of 01/16/81. Eckard testified that she and Pope had left the apartment to visit Clarence ‘Buddy’ Lagle and to pick up some hamburgers. Lagle later testified at the trial that he had made a silencer for an AR-7 rifle for Pope.

Eckard and Pope then returned to Walters’ apartment. Pope and Doranz talked Walters into going with Eckard to the apartment where Pope was staying at the time. Pope did not go with the two women. Eckard testified that Pope had arranged a drug deal with Doranz and Di Russo. Sometime later that night, Pope showed up at his own apartment. He told Walters that something had happened and Doranz had been injured, and that she should stay at his apartment for a while. Eckard testified that, at this time, she knew that Di Russo and Doranz were dead.

On Saturday, 01/17/81, Walters checked into a hotel. From this time, up until her death, Pope supplied Walters with drugs. Pope told Eckard that he would have to kill Walters, and that he felt bad because he had started to like Walters.

On Sunday, 01/18/81, Pope told Walters that he would take her to see Doranz. Pope drove her to a canal. According to the medical examiner’s testimony, Walters was shot six times with exploding ammunition. She was shot from the rear and shot twice with the gun pressed up to her abdomen. At some point, Walters had made an attempt to get away. The gunshot wounds would have been extremely painful, but would not have caused a loss of consciousness. Pope then hit Walters over the head with the gun barrel. This blow caused the barrel to break. Pope then dragged Walters to the nearby canal and threw her in. She was still alive, but subsequently drowned. Parts of the rifle were found near the canal.

Eckard testified that Pope described the murder to her when he returned. He told her about the rifle breaking, and the next day the two went back to the scene to pick up all of the pieces.

The bodies of Al Doranz and Caesar Di Russo were found in Walters’ apartment on 01/19/81. Doranz had been shot three times and Di Russo had been shot five times. A 22-caliber shell casing was found under Di Russo’s body. Walters’ body was found on 01/21/81, floating in the canal.

Sometime in early January of 1981, Al Doranz had purchased an AR-7 rifle for Thomas Pope.

Investigation

The trial included testimony from the medical examiner describing Walters’ gunshot wounds and subsequent drowning.

Trial

On 03/25/81, Pope was indicted on the following counts:

• Count I: First-Degree Murder (Di Russo)
• Count II: First-Degree Murder (Doranz)
• Count III: First-Degree Murder (Walters)

On 02/25/82, the jury returned guilty verdicts on all counts of the indictment. On 02/25/82, the jury recommended death by a vote of 9-3 for Count III.

Sentencing

On 04/07/82, Pope was sentenced as follows:

• Count I: First-Degree Murder — Life
• Count II: First-Degree Murder — Life
• Count III: First-Degree Murder — Death

Appeals

Pope filed a Direct Appeal to the Florida Supreme Court on 05/13/82. His appeal included issues regarding his conviction:

• The evidence at trial was insufficient to sustain a conviction.
• A videotaped deposition of a witness should not have been admitted into evidence because the state did not prove the witness’s unavailability at the time of the trial.

The court found both of these issues to be meritless. The remaining issues raised on appeal were surrounding the aggravating and mitigating factors. The court ruled that there was no abuse of discretion by the trial court or that the issues were meritless. The Florida Supreme Court affirmed the conviction and sentence on 10/27/83. The rehearing was denied on 01/11/84, and the mandate was issued on 02/17/84.

Pope filed a 3.850 Motion to the Circuit Court on 09/18/84. The motion was denied on 12/30/86.

Pope filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 05/22/85. He claimed ineffective assistance of counsel because his attorney failed to raise the issue of alleged prejudicial comments made by the judge and the prosecution during the trial. Pope contended that these comments denied him a fair trial, and therefore he deserves either a new trial or a new sentencing phase. The Court ruled that the comments did not rob Pope of a fair trial nor did they constitute fundamental error, therefore, the case did not merit a retrial or a resentencing. The Florida Supreme Court denied the petition on 10/16/86.

Pope filed a Petition for Writ of Certiorari to the United States Supreme Court on 01/14/87. The petition was denied on 03/30/87.

Pope filed a 3.850 Appeal to the Florida Supreme Court on 08/24/89. The main issue in the appeal was ineffective assistance of counsel based on Pope’s trial attorney failing to object to the separation of the jury during deliberations. The Court rejected this as fundamental error and affirmed the trial court’s denial of the 3.850 Motion on 10/11/89. The rehearing was denied and the mandate was issued on 12/17/90.

Pope filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District, on 09/09/91. The state argued that some of the claims raised in the petition had not been exhausted in the state courts; therefore, the petition was dismissed without prejudice on 03/28/94.

Approximately five years later, Pope filed a motion to reopen this case on 02/19/99. On 02/23/99, an order to reopen the case was issued by the United States District Court. On 04/19/00, the Court filed an order dismissing certain claims in the petition and requiring further debriefing on some remaining claims. On 02/05/02, Pope filed a Motion to Hold Proceedings in Abeyance pending deposition of the State Court proceedings. On 03/19/02, an order was issued by the Court granting the above motion. On 03/25/02, the case was closed by the Court. Pope reinstated the Habeas Petition on 12/11/03. The petition was amended on 04/26/04, and is currently pending.

Pope filed a second 3.850 Motion to the Circuit Court on 04/06/95. After the filing of the 3.850 Motion, Pope filed the following pro se motions:

• Motion to Hold Proceedings in Abeyance Pending Resolution of Status of Representation
• Motion to Hearing to Determine Competency of Appointed Collateral Counsel
• Consolidated Motion for the Appointment of the Capital Collateral Representative

Pope’s volunteer counsel filed a motion to withdraw, but the court mandated that the attorney stay with the case until the 3.850 Motion was resolved, and then they would be allowed to withdraw. The circuit court denied Pope’s 3.850 Motion on 05/29/96. Pope filed a 3.850 Appeal to the Florida Supreme Court on 10/17/96. Pope raised issues surrounding ineffective assistance of counsel. The state argued the motion was successive because all claims should have been raised in the original 3.850 Motion. Pope argued his case had unique circumstances that constituted a need to vary from procedural guidelines even though the motion had been filed after the expiration of the time limit. The Court found the issues raised by Pope to be procedurally barred. The Florida Supreme Court affirmed the trial court’s denial of Pope’s 3.850 Motion on 12/04/97. The rehearing was denied on 02/19/98, and the mandate was issued on 03/23/98.

Pope filed his third 3.850 Motion to the Circuit Court on 02/04/02. The motion was denied on 04/23/02. Pope filed a 3.850 Appeal to the Florida Supreme Court on 05/20/02. The Court affirmed the denial of his 3.850 Motion on 04/11/03.

Pope filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 08/21/02, which was denied on 04/11/03. On 09/13/05, Pope filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 11/03/05. On 01/18/06, the rehearing was denied.

Outcome

Pope was convicted of first-degree murder for Count I (Di Russo), Count II (Doranz), and Count III (Walters). The jury recommended death for Count III. The trial court sentenced Pope to life imprisonment for Count I and life imprisonment for Count II, and death for Count III.

Other details

Susan Eckard testified about events at Walters’ apartment, Pope’s drug deal arrangement with Doranz and Di Russo, and Pope’s statements about killing Walters. Clarence ‘Buddy’ Lagle testified that he made a silencer for an AR-7 rifle for Pope.