Theodore Rodgers

Case information

Theodore Rodgers was sentenced to death on June 16, 2004 for the murder of his wife.

Timeline

• 02/14/01 — Theodore Rodgers murdered his wife, Teresa Henderson.
• 06/16/04 — Theodore Rodgers was sentenced to death.
• 07/19/04 — Rodgers filed a direct appeal to the Florida Supreme Court.
• 10/26/06 — The Florida Supreme Court affirmed the conviction and sentence.
• 04/24/07 — Rodgers filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was pending.

Background

On 02/14/01, Theodore Rodgers suspected that his wife was having an affair.

Rowana Williams served as Assistant Public Defender for trial. James R. Wulchak served as Assistant Public Defender for the Direct Appeal. Marie Parmer (CCRC-M) served for Collateral Appeals. The sentencing judge was The Honorable Belvin Perry.

The offence

On 02/14/01, Theodore Rodgers murdered his wife Teresa Henderson.

Prior to the murder, Rodgers suspected that his wife was having an affair. On 02/14/01, Rodgers left his plumbing job in the morning to go to the daycare facility run by his wife, Teresa Henderson. When he entered the facility, Henderson’s daughter yelled out that Rodgers was there. At that point, Henderson’s ex-husband, Willie Bee Odom, ran past Rodgers while exiting the facility, wearing just his pants and carrying his shoes and shirt.

Rodgers discovered his wife in the bathroom with only a bra on. Suspecting his wife had been unfaithful, he told his wife she was a disappointment and that he was leaving her. He then left to finish his plumbing job.

Rodgers called a friend, Verna Fudge, who was also a minister and was a previous romantic partner, to ask for a place to stay temporarily while he left his wife. She could not provide him with a place to stay but advised him to seek counsel and talk to his wife. Rodgers then called his plumbing partner to inquire about jobs. During the conversation, he mentioned he was having marital problems and was “tired of her doing what she’s doing,” and, depending on his wife’s version of what happened with her ex-husband, he was going to either “take care of the problem” or “kill her.”

Rodgers then went to a store to purchase a Valentine’s Day card and flowers, and took them back to his home. He then received a call from Henderson asking him to return to the day care to resolve their dispute.

Upon arriving at the day care, Rodgers claimed no lights were on, the television was on, and no children were present. He also claimed that he began to question his wife. She then got up from the couch where she had been sitting and pointed a gun and fired. The shot missed and a struggle ensued over the gun. During the struggle, the gun fired a few times, hitting her.

Three children who were present at the day care on 02/14/01 testified that Rodgers angrily entered the day care and began arguing with Henderson. They said he kicked and slapped Henderson and then retrieved a gun out of a back bedroom. The children testified that Rodgers shot Henderson a few times as she tried to escape through the front door.

After driving around for a while, Rodgers went to a pool hall where he saw a couple friends. He told his friends he was going to hell. He did not act like his usual self and called his work partner to tell him goodbye and that he had killed his wife and was now going to kill himself. He then took a gun and shot himself in the head, but survived the suicide attempt.

Investigation

The case information included that the jury returned a guilty verdict on the sole count of the indictment.

Arrest

No arrest details were provided.

Trial

On 03/27/01, Rodgers was indicted as follows:

• Count I: First-Degree Murder

On 10/17/03, the jury returned a guilty verdict on the sole count of the indictment. On 10/22/03, upon advisory sentencing, the jury voted for the death penalty by an 8 to 4 majority.

Sentencing

On 06/16/04, Rodgers was sentenced as follows:

• Count I: First-Degree Murder — Death

Appeals

On 07/19/04, Rodgers filed a Direct Appeal to the Florida Supreme Court, alleging several court errors:

• improperly excusing a juror who stated that they could follow the law and return a death sentence, if called for by the aggravating and mitigating circumstances;
• improperly basing a sentence on hearsay evidence, thus depriving the defendant of his right to confrontation;
• ruling that unscientific I.Q. test results are admissible;
• ignoring a claim of mental retardation;
• erring in handing down a death sentence despite mental retardation;
• expressing judicial views on sentencing of domestic abusers and killers;
• and following a death penalty procedure that violates the Sixth and Fourteenth Amendments under Ring v. Arizona.

On 10/26/06, the Florida Supreme Court affirmed the conviction and sentence.

On 04/24/07, Rodgers filed a Petition for Writ of Certiorari with the U.S.

Outcome

The Florida Supreme Court affirmed the conviction and sentence on 10/26/06.

Other details

Rodgers had prior incarceration history in the State of Florida:

• 02/04/78 MANSLAUGHTER—06/08/79 ORANGE — 5Y 0M 0D
• 02/04/78 HOMICIDE, MANSL. CUL. NEGL—06/08/79 ORANGE — 10Y 0M 0D

Case details included:

• Florida Supreme Court opinion SC04-1425
• DC# 010243
• DOB: 06/16/40
• Ninth Judicial Circuit, Orange County
• Case # 01-2386
• Sentencing Judge: The Honorable Belvin Perry
• Direct Appeal: James R. Wulchak – Assistant Public Defender
• Collateral Appeals: Marie Parmer – CCRC-M
• Trial Attorney: Rowana Williams – Assistant Public Defender