Grover Reed

Case identity

Grover Reed (also referred to as "Bear") was tried in the Fourth Judicial Circuit, Duval County, Florida, Case #8606123. The defendant was born on 10/15/61. The sentencing judge was The Honorable John D. Southwood. The trial attorney was Richard Nichols – Special Public Defender. For direct appeal (initial appeal), Richard Nichols – Special Public Defender represented the defendant. For direct appeal, William McLain – Assistant Public Defender represented the defendant. For collateral appeals, Christopher Anderson – Registry represented the defendant.

Timeline

• 02/27/86 — Date of offense: Betty Oermann was raped, strangled and stabbed.
• 07/10/86 — Reed was indicted on Count I (First-Degree Murder), Count II (Sexual Battery with Threat or Deadly Weapon), and Count III (Robbery with Deadly Weapon).
• 11/20/86 — Reed was found guilty on all counts charged in the indictment.
• 11/26/86 — Upon advisory sentencing, the jury voted 11 to 1 for the death penalty.
• 01/09/87 — Reed was sentenced: Count I death; Count II 22 years, less 283 days; Count III 9 years, less 283 days.
• 02/04/87 — Reed filed his Direct Appeal in the Florida Supreme Court.
• 06/15/89 — The Florida Supreme Court reversed the conviction and sentence and remanded for a new trial due to errors in jury selection.
• 03/01/90 — The Motion for Rehearing and Clarification was granted; the Florida Supreme Court withdrew the 06/15/89 opinion and replaced it with a new opinion.
• 07/23/90 — Reed filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 10/01/90 — The petition for writ of certiorari was denied.
• 02/28/92 — Reed filed a 3.850 Motion in the Circuit Court.
• 07/20/92 — An amended 3.850 motion was filed.
• 08/25/92 — The 3.850 motion was denied.
• 09/25/92 — Reed filed a 3.850 Appeal in the Florida Supreme Court.
• 06/02/94 — The Florida Supreme Court remanded the case to the trial court for an evidentiary hearing to determine effective assistance of counsel.
• 02/12/96 — Reed filed an Amended 3.850 Motion in the Circuit Court.
• 05/28/96 — An Amended 3.850 Motion was filed.
• 02/22/02 — An evidentiary hearing was held.
• 08/28/02 — The motion was denied.
• 10/04/99 — Reed filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 12/20/99 — The habeas corpus petition was denied.
• 10/11/02 — Reed filed a 3.850 Appeal in the Florida Supreme Court.
• 04/15/04 — The 3.850 appeal was affirmed; the 03/31/03 federal habeas-related petition was denied on the same date; the Petition for Writ of Habeas Corpus in the Florida Supreme Court was denied on 04/15/04.
• 03/31/03 — Reed filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 08/30/04 — Reed filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 11/08/04 — The petition was denied.
• 07/05/05 — Reed filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District; the petition was pending.
• January 9, 1987 — Date of sentence.

Background

In December of 1985, Grover Reed arrived in Jacksonville with a female companion and two children. They arrived without money or a place to stay. Through an organization, Traveler’s Aid, they were placed in the home of a minister, Reverend Oermann, and his wife Betty.

Reverend Oermann asked Reed and the group to leave the home when he found drug paraphernalia, but continued to help Reed financially and with transportation for a period of time. Eventually, the Oermanns felt that they were being used and stopped helping Reed financially. Reed reacted to the disruption in assistance by threatening “to get even.”

The offence

On 02/27/86, Betty Oermann was raped, strangled and stabbed. The Reverend found Betty Oermann in the living room that evening when he returned home from class.

The police found a baseball cap. At the crime scene, the police televised a reenactment of the crime and displayed the cap as evidence. One viewer identified the hat as similar to one Reed was wearing on the day that Betty Oermann was killed.

The police matched fingerprints and hair samples from the scene to Grover Reed. An expert testified that the semen found could belong to Reed. Reed’s fingerprints were found on checks that had been stolen from the home and dropped in the yard.

Nigel Hacksaw, Reed’s cellmate, testified that Reed admitted to the breaking into the home and killing Betty Oermann.

Investigation

The police found a baseball cap at the crime scene and displayed it as evidence during a televised reenactment. One viewer identified the cap as similar to one Reed was wearing on the day Betty Oermann was killed.

The expert testimony addressed semen found at the scene, stating that it could belong to Reed. Reed’s fingerprints were found on stolen checks dropped in the yard.

Arrest

No arrest date is stated.

Trial

Charges

Reed was indicted on 07/10/86 on:

• Count I: First-Degree Murder (Betty Oermann)
• Count II: Sexual Battery with Threat or Deadly Weapon
• Count III: Robbery with Deadly Weapon

Verdict

On 11/20/86, Reed was found guilty on all counts charged in the indictment.

Sentencing

On 11/26/86, upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

On 01/09/87, Reed was sentenced as follows:

• Count I: First-Degree Murder (Betty Oermann) — Death
• Count II: Sexual Battery with Threat or Deadly Weapon — 22 years, less 283 days
• Count III: Robbery with Deadly Weapon — 9 years, less 283 days

Appeals

Direct appeal

Reed filed his Direct Appeal in the Florida Supreme Court on 02/04/87. The addressed issues included that the prosecutor used eight of his ten peremptory strikes to remove blacks from the jury and that an unfair burden was placed on the defense. Reed also argued that the trial court erred in not instructing the jury on Reed’s impaired capacity and that the trial judge and prosecutor made statements that the jury’s sentencing decision was only advisory, and the judge would be responsible for final sentencing.

On 06/15/89, the Florida Supreme Court reversed the conviction and sentence and remanded the case to the circuit court for a new trial due to errors in jury selection.

On 03/01/90, the Motion for Rehearing and Clarification was granted. The Florida Supreme Court withdrew the opinion issued on 06/15/89 and replaced it with a new opinion. The second opinion from the Florida Supreme Court affirmed the judgment and sentence.

On 07/23/90, Reed filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 10/01/90.

Post-conviction proceedings (3.850 and habeas)

Reed filed a 3.850 Motion in the Circuit Court on 02/28/92. An amended motion was filed on 07/20/92. The motion was denied on 08/25/92.

Reed filed a 3.850 Appeal in the Florida Supreme Court on 09/25/92. The addressed issues included that the prosecutor introduced improper arguments, such as referring to personal characteristics of the defendant, during the trial, that the jury instructions about the aggravating circumstances were unclear, and that the trial court erred in summarily denying Reed’s claims of ineffective assistance of counsel.

On 06/02/94, the Florida Supreme Court remanded the case to the trial court for an evidentiary hearing to determine effective assistance of counsel.

On 02/12/96, Reed filed an Amended 3.850 Motion in the Circuit Court. An Amended 3.850 Motion was filed on 05/28/96. An evidentiary hearing was held on 02/22/02. The motion was denied on 08/28/02.

Reed filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 10/04/99. The petition was denied on 12/20/99.

Reed filed a 3.850 Appeal in the Florida Supreme court on 10/11/02. Reed argued that the trial court erred by not finding ineffective assistance of counsel due to the trial court’s failure to sufficiently challenge the prosecutions peremptory challenges to strike African-American jurors. Reed further argued that the trial court erred by not finding ineffective assistance of counsel due to trial counsel’s failure to use a hair-type expert, serology expert, and fingerprint expert. Reed also contended that the trial court erred by not finding ineffective assistance of counsel due to trial counsel’s failure to present an alibi defense or present evidence of mitigating factors. In addition, Reed argued that the trial court erred by not finding ineffective assistance of counsel due to trial counsel’s failure to require proof of the chain of custody of evidence and by conceding guilt to a lesser included charge. Reed further argued that the trial court erred by denying Reed’s Brady claim. The appeal was affirmed on 04/15/04.

On 03/31/03, Reed filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. Reed contended that Florida’s death penalty was unconstitutional and that he was denied effective assistance of counsel. The petition was denied on 04/15/04.

On 08/30/04, Reed filed a Petition for Writ of Certiorari in the United States Supreme Court. On 11/08/04, the petition was denied.

On 07/05/05, Reed filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. The petition was pending.

Outcome

Reed was found guilty on all counts charged in the indictment on 11/20/86. The jury voted 11 to 1 for the death penalty on 11/26/86, and Reed was sentenced on 01/09/87 to death on Count I, with additional terms on Counts II and III. The Florida Supreme Court reversed and remanded for a new trial due to errors in jury selection on 06/15/89, and later affirmed the judgment and sentence after rehearing and clarification on 03/01/90.

Other details

Reed threatened “to get even.”

Grover Reed was in August, 1998, at Union Correctional Institute, Raiford, Florida.