Robert Anthony Preston

Case identification

Robert Anthony Preston (born 11/13/57) was convicted in the Eighteenth Judicial Circuit, Seminole County, Florida. The case number was 78-41 CFA. A sentencing and resentencing judge presided: The Honorable S. Joseph Davis, Jr. The trial attorney was Arthur Kutsche, Assistant Public Defender. Trial counsel is listed as Arthur Kutsche – Assistant Public Defender; direct appeal counsel was Joan H. Bickerstaff, Private Attorney. Collateral appeals were handled by Robert T. Strain and Carol Rodriguez, CCRC-M. Florida Supreme Court opinions listed included 70835, 73062, 75794, 78025, SC05-781, and SC06-351. The DC number listed was 072593.

Timeline

• 01/05/78 — Preston committed the offense later tied to a conviction that resulted in a six-year imprisonment sentence.
• 01/09/78 — Earline Walker was murdered; police later discovered her nude and mutilated body in an open field in Seminole County.
• 3:30 a.m. (01/09/78) — A patrol officer discovered Walker missing from the convenience store.
• 01/10/78 — Preston was arrested the following day on an unrelated charge.
• 1980 — Preston was sentenced to six years imprisonment after being convicted of throwing a deadly missile into an occupied vehicle.
• 06/09/81 — Trial concluded with counts presented to the jury; a guilty verdict was returned for each count listed as indicted.
• 06/10/81 — Jury returned guilty verdicts on all counts of the indictment and recommended death by a vote of 7-5.
• 11/06/81 — Preston was sentenced: death for Count I, 15 years imprisonment for Count IV, and life imprisonment for Count V.
• October 1985 — Governor Graham signed Preston’s first death warrant.
• 1985 — Preston filed a 3.850 Motion with the trial court; the court granted a stay of execution the same day the motion was filed and denied the motion in 1987.
• 1987 — The trial court denied the 3.850 motion.
• May 1988 — The Florida Supreme Court affirmed the trial court’s ruling on Preston’s appeal.
• August 1988 — Governor Martinez signed Preston’s second death warrant.
• 1989 — The United States Supreme Court stayed the execution and the Florida Supreme Court denied the habeas petition; the United States Supreme Court denied the Certiorari in 1989.
• March 1989 — Governor Martinez signed a third death warrant.
• April 1989 — The Florida Supreme Court granted a stay of execution on Preston’s second habeas petition and dismissed the case without prejudice in May.
• May 1989 — The Florida Supreme Court dismissed the case without prejudice.
• March 1990 — Governor Martinez signed Preston’s fourth death warrant; Preston filed his second 3.850 motion with the trial court.
• 05/08/91 — Preston was resentenced to death.
• 1992 — The Florida Supreme Court affirmed the resentencing sentence.
• 1993 — The United States Supreme Court denied the Certiorari.
• 05/23/94 — Preston filed his third 3.850 Motion to the Circuit Court.
• 02/28/00 — An Amended Motion was filed.
• 03/31/05 — Preston’s motion was denied.
• 05/05/05 — Preston filed a 3.850 Appeal to the Florida Supreme Court; the appeal was described as pending.
• 02/21/06 — Preston filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court; the petition was described as pending.

Background

Earline Walker was employed as a clerk at a convenience store. After the murder, multiple procedural steps were described across direct appeal, collateral appeals, and habeas proceedings. Governor Graham signed Preston’s first death warrant in October 1985. Governor Martinez signed Preston’s second death warrant in August 1988, a third death warrant in March 1989, and a fourth death warrant in March 1990.

The offence

On the afternoon of 01/09/78, the nude and mutilated body of Earline Walker was discovered in an open field in Seminole County by police. Multiple stab wounds and lacerations were so severe that they resulted in near decapitation. An officer of the Altamonte Springs Police Department discovered Walker missing from the convenience store at approximately 3:30 a.m. A store amount of $574.41 was missing.

Preston was indicted and the counts were listed as follows:

• Count I: Premeditated Murder — Guilty
• Count II: Felony Murder Committed During the Course of a Robbery — Guilty
• Count III: Felony Murder Committed During the Course of a Kidnapping — Guilty
• Count IV: Robbery — Guilty
• Count V: Kidnapping — Guilty

The jury returned guilty verdicts on all counts of the indictment and recommended death by a vote of 7-5.

Investigation

The discovery of Walker’s missing status was made after the store clerk was last seen by a patrol officer at approximately 3:30 a.m. An officer identified as an officer of the Altamonte Springs Police Department found Walker missing from the store and noted the missing money.

Preston was arrested the following day on an unrelated charge. While he was in custody, a deputy recovered a pubic hair from Preston’s belt buckle. The day after the arrest, police searched the home of Preston’s mother with her consent. Preston also lived there. In Preston’s bedroom, police found a jacket belonging to Preston and several detached food stamp coupons.

An analysis confirmed the coupons had been used at the convenience store to purchase items several days before the murder. Blood samples from Walker and Preston were compared with blood stains found on Preston’s jacket. The stains were of the same blood type and enzyme group as Walker’s. Analysis revealed that the hair recovered from Preston’s belt and another discovered on his jacket could have originated from Walker.

Arrest

Preston was arrested the following day on an unrelated charge after Walker’s body was discovered.

Trial

The trial summary listed the following key dates and outcomes:

• 06/09/81 — The indictment counts were presented with guilty findings indicated as follows: Count I Premeditated Murder — Guilty; Count II Felony Murder Committed During the Course of a Robbery — Guilty; Count III Felony Murder Committed During the Course of a Kidnapping — Guilty; Count IV Robbery — Guilty; Count V Kidnapping — Guilty.
• 06/10/81 — The jury returned guilty verdicts on all counts of the indictment and recommended death by a vote of 7-5.

The case also included an appellate-related statement about outcomes at trial regarding specific counts:

• The defendant was acquitted on one count of felony murder committed during the course of a sexual battery and one count of sexual battery.
• Sentence was withheld on counts II and III of the indictment.

Sentencing

On 11/06/81, Preston was sentenced as follows:

• Count I: Premeditated murder — Death
• Count IV: Robbery — 15 years imprisonment
• Count V: Kidnapping — Life imprisonment

The jury recommended death by a vote of 12-0 on 04/19/91. On 05/08/91, Preston was resentenced to death.

Appeals

Direct appeal was described as follows:

• Preston’s conviction and sentence were affirmed by the Florida Supreme Court on direct appeal in 1984.

Subsequent procedural history included:

• Preston filed a 3.850 Motion in 1985; the court granted a stay of execution the same day and denied the motion in 1987; on appeal, the Florida Supreme Court affirmed in May 1988.
• Preston filed an application for a stay of execution with the United States Supreme Court and petitioned the Florida Supreme Court for a Writ of Habeas Corpus after Governor Martinez signed the second death warrant in August 1988. The petition was denied without prejudice to raise the same issues by 3.850 motion. The United States Supreme Court stayed execution and the Florida Supreme Court denied the habeas petition. The United States Supreme Court denied Certiorari in 1989.
• Preston filed his second habeas petition the following month after a third death warrant signed in March 1989; the Florida Supreme Court granted a stay of execution in April 1989 and dismissed the case without prejudice in May.
• After a fourth death warrant was signed in March 1990, Preston filed his second 3.850 motion; the court denied the motion. Preston appealed the trial court’s ruling and asked the Florida Supreme Court for a stay of execution; the court granted the stay.

Resentencing was linked to legal reasoning based on a United States Supreme Court decision:

• Preston cited the United States Supreme Court’s decision in Johnson v. Mississippi as a reason to vacate his death sentence.
• Johnson was described as vacating a death sentence because it had been predicated on a prior violent felony conviction that was overturned.
• Preston argued that his death sentence should be reconsidered after the trial court overturned his unrelated conviction in 1980 of throwing a deadly missile into an occupied vehicle.
• The high court agreed, vacated the sentence, and remanded for resentencing.
• The trial court resentenced Preston to death in 1991.
• The Florida Supreme Court affirmed the sentence in 1992.
• The United States Supreme Court denied Certiorari in 1993.

Collateral proceedings later included:

• Preston filed his third 3.850 Motion on 05/23/94.
• An Amended Motion was filed on 02/28/00.
• The motion was denied on 03/31/05.
• On 05/05/05, Preston filed a 3.850 Appeal to the Florida Supreme Court; it was described as pending.
• On 02/21/06, Preston filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court; it was described as pending.

Other details

In 1980, Preston was sentenced to six years imprisonment after being convicted of throwing a deadly missile into an occupied vehicle. The offense occurred on 01/05/78, four days prior to the murder. In 1989, Preston obtained an order on motion for postconviction relief, which vacated the conviction. The Fifth Circuit Court of Appeal affirmed the order in 1990.

A note included in the case information stated:

• An officer discovered Walker’s missing status from the convenience store, and it was further described that $574.41 was missing from the store.
• The defendant lived at his mother’s home, where police found his jacket and food stamp coupons after obtaining her consent for a search.

Outcome

Preston’s death sentence was imposed on 11/06/81 and was vacated and remanded for resentencing based on the described application of Johnson v. Mississippi to an overturned prior violent felony conviction. Preston was resentenced to death on 05/08/91. The Florida Supreme Court affirmed the resentencing sentence in 1992, and the United States Supreme Court denied Certiorari in 1993. Later collateral motions were described as pending at the Florida Supreme Court as of the dates listed.