Lloyd Chase Allen

Case overview

Lloyd Chase Allen was convicted and sentenced to death for the November 13, 1991, murder of Dortha Cribbs.

Timeline

• 11/13/91 — Lloyd Chase Allen murdered Dortha Cribbs.
• 02/18/92 — Police arrested Allen in California.
• 02/26/92 — Allen was indicted for First-Degree Murder, Case #92-30056-CF.
• 02/12/93 — The jury found Allen guilty of First Degree Murder on Count III and not guilty on Count IV.
• 02/16/93 — Upon advisory sentencing, the trial jury voted for the death penalty.
• 03/03/93 — Allen was sentenced to death for Murder in the First-Degree; Grand Theft Auto received 5 years.
• 04/23/93 — Allen filed his Direct Appeal to the Florida Supreme Court.
• 07/20/95 — The Florida Supreme Court affirmed the convictions and sentence of death.
• 01/23/96 — A Petition for Writ of Certiorari was filed in the United States Supreme Court.
• 03/25/96 — The Petition for Writ of Certiorari was denied.
• 03/19/97 — Allen filed a 3.850 motion in the State Circuit Court.
• 12/18/01 — The 3.850 motion was denied.
• 02/15/02 — Allen filed an appeal of the denial in the Florida Supreme Court.
• 07/10/03 — The Florida Supreme Court affirmed.
• 05/08/02 — Allen filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 07/10/03 — The Petition for Writ of Habeas Corpus was denied.
• 10/14/03 — Allen filed a Petition for Writ of Habeas Corpus in the United States District Court; the matter was pending.
• 03/16/05 — Allen filed a 3.853 (DNA) Motion in the State Circuit Court.
• 01/05/06 — The 3.853 (DNA) Motion was denied.
• 03/10/06 — Allen filed a 3.853 Motion Appeal in the Florida Supreme Court; the matter was pending.

People

• Lloyd Chase Allen — defendant.
• Dortha Cribbs — victim.
• Gerod Hooper — Assistant Public Defender; trial attorney.
• Valerie Jonas — Assistant Public Defender; direct appeal attorney.
• Leor Veleanu — CCRC-S; collateral appeal attorney.
• Richard Fowler — sentencing judge (The Honorable Richard Fowler).

Background

Allen (DOB: 10/25/45) was convicted and sentenced to death following the November 13, 1991, murder of Dortha Cribbs.

The circumstances of the offense were described as follows: Cribbs met Allen at a truck stop while driving from her home in Ohio to Florida. Allen accompanied Cribbs to visit her friend in Jacksonville Beach and to sell her trailer in Bunnell. Cribbs announced to her friends that after she sold her trailer and her vacation home in Summerland Key, she planned to enter the trucking business with Allen.

Cribbs reportedly sold her trailer for $4,100. A witness outside of Cribbs’ Summerland Key home saw her exit and re-enter in the early morning of her murder. The witness also saw Allen exit and re-enter that day around 11 a.m.

Allen committed the capital felony after having escaped from a work release program in Kansas.

The offence

An early afternoon real estate agent entered the house around 12:30 p.m. after his knocks went unanswered and discovered Cribbs’ body lying face down in the master bedroom surrounded by a pool of blood.

Cribbs suffered from a stab wound in her neck, severing her carotid artery and causing her to bleed to death. The medical examiner estimated that it took Cribbs 30 minutes to bleed to death, retaining consciousness for 15 minutes. There were also two pre-morbid stab wounds to Cribbs’ face. Ligature marks were found on her wrists and ankles.

Items belonging to Allen were found at the scene, including a pair of bloodstained jeans and a semen-stained towel. Cribbs’ $8000 diamond ring was missing, as well as her $4100.

A taxi driver testified that he drove Allen from the Buccaneer Lodge Tiki Lounge to Key Largo around 12:30 p.m. the day of the murder. Cribbs’ car was later found abandoned at the Buccaneer Lodge Tiki Lounge. Police recovered a trucker’s logbook belonging to Allen in Cribbs’ car, which led to his arrest in California on February 18, 1992.

DNA laboratory tests confirmed that the semen found on the towel could have originated from Allen.

Investigation and arrest

Police arrested Allen in California on 02/18/92 after a trucker’s logbook belonging to him was recovered in Cribbs’ car and led to the arrest.

Charging information

Allen was indicted for First-Degree Murder in Case #92-30056-CF with:

• Count I: Robbery with a Deadly Weapon
• Count II: Grand Theft
• Count III: Grand Theft Auto
• Count IV: Kidnapping

Trial

A public defender was appointed on 04/14/92. A written plea of “not guilty” was entered on 04/28/92.

During the penalty phase, Allen voluntarily chose to represent himself. The court found him competent to do so. He elected not to introduce any mitigating evidence on his behalf and asked for the penalty of death.

Verdicts

On 02/12/93, the jury found Allen guilty of First Degree Murder as to:

• Count I: Robbery with a Deadly Weapon — acquitted
• Count II: Grand Theft — acquitted
• Count III: Grand Theft Auto — guilty
• Count IV: Kidnapping — not guilty

Upon advisory sentencing, the trial jury voted for the death penalty on 02/16/93.

Sentencing

On 03/03/93, Allen was sentenced as follows:

• Murder in the First-Degree — Death
• Count III: Grand Theft Auto — 5 years

Sentencing was imposed in the Sixteenth Judicial Circuit, Monroe County.

Appeals and post-conviction proceedings

Allen filed his Direct Appeal to the Florida Supreme Court on 04/23/93. His appeal claimed error in:

• the admission of a familial photograph of the victim,
• irrelevant familial testimony,
• victim impact information,
• the court’s failure to uphold the guidelines of mitigating evidence set forth in Koon v. Dugger, including the requirement that, upon accepting a waiver of mitigating evidence from a defendant, the defense must investigate possible mitigating factors and place them on record,
• the court’s application of pecuniary gain and HAC as aggravating factors.

The Florida Supreme Court affirmed the convictions and sentence of death on 07/20/95.

A Petition for Writ of Certiorari was filed in the United States Supreme Court on 01/23/96 and was denied on 03/25/96.

On 03/19/97, Allen filed a 3.850 motion in the State Circuit Court, which was denied on 12/18/01. On 02/15/02, Allen filed an appeal of that decision in the Florida Supreme Court, which was affirmed on 07/10/03.

On 05/08/02, Allen filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was denied on 07/10/03.

On 10/14/03, Allen filed a Petition for Writ of Habeas Corpus in the United States District Court, which was pending.

On 03/16/05, Allen filed a 3.853 (DNA) Motion in the State Circuit Court; it was denied on 01/05/06. On 03/10/06, Allen filed a 3.853 Motion Appeal in the Florida Supreme Court, which was pending.

Other details

• Case #92-30056-CF; DC# 890793.
• Prior decision references included Supreme Court of Florida opinion 81639, and opinions SC02-371, SC00-113, SC00-154, SC00-410.