Paul William Scott

Case information

• Defendant: Paul William Scott
• Also known as / aliases: Steven William Prince; George Curtis Cook, Jr.; Ray Justice; Alberto Justice.; Rex Cole
• Date of birth: 05/09/56
• Offence date: 12/04/78
• Court (trial): Fifteenth Judicial Circuit, Palm Beach County
• Case number: 79-167CF
• Sentencing judge: The Honorable Vaughn J. Rudnick
• Trial attorney: Gordon Barrs – Assistant Public Defender
• Direct appeal attorney: Robert M. Leen
• Collateral appeals attorney: Michael Morris – Registry

Timeline

• 12/04/78 — On the evening of 12/04/78, Paul Scott and his codefendant, Richard Kondian, murdered James Alessi in his home.
• 12/05/78 — Alessi’s nude body was found on a sofa in his home.
• 01/05/79 — Scott was arrested in Sacramento, California.
• 01/08/79 — Scott was returned to Palm Beach County, Florida.
• 01/17/79 — Scott was indicted on the following: Count I: First-Degree Murder.
• 10/10/79 — Scott was found guilty by the trial jury of first-degree murder as charged in the indictment.
• 10/20/82 — The Florida Supreme Court affirmed Scott’s conviction and sentence of death.
• 12/14/79 — Defendant was sentenced: Count I: First-Degree Murder – Death.
• 01/31/80 — Scott filed a Direct Appeal in the Florida Supreme Court.
• 05/31/83 — Scott filed a Petition for Writ Habeas Corpus.
• 06/03/83 — The petition was denied.
• 06/03/83 — Scott filed a federal Petition for Writ of Habeas Corpus in the United District Court; the District Court granted a Stay of Execution to allow Scott to seek relief in state court.
• 06/05/88 — The stay of execution was vacated.
• 05/26/88 — The petition was denied.
• 02/16/84 — Scott filed his first 3.850 Motion in Circuit Court; it was immediately denied without prejudice.
• 03/26/84 — Scott filed a 3.850 Appeal in the Florida Supreme Court.
• 01/10/85 — The Florida Supreme Court affirmed the denial of Scott’s 3.850 Motion.
• 12/27/85 — Scott filed the corrected 3.850 Motion.
• 07/23/86 — The trial court denied this motion.
• 09/17/86 — Scott filed a 3.850 Appeal in the Florida Supreme Court.
• 08/20/87 — The Florida Supreme Court affirmed the denial of Scott’s 3.850 Motion.
• 06/05/88 — Scott filed a Habeas Appeal in the United States Court of Appeals, 11th Circuit.
• 12/14/89 — The court affirmed the denial of Scott’s Habeas Appeal.
• 06/08/90 — Scott filed a Petition for Writ of Certiorari.
• 10/01/90 — The petition was denied.
• 10/19/90 — The Governor signed Scott’s second death warrant.
• 10/29/90 — The Florida Supreme Court granted a stay to allow new postconviction counsel to file a second 3.850 Motion.
• 10/26/90 — Scott filed a Petition for Writ of Habeas Corpus.
• 11/04/93 — The petition was denied.
• 12/18/90 — Scott subsequently filed another 3.850 in Circuit Court.
• 03/06/91 — The trial court denied relief on that 3.850 motion without an evidentiary hearing.
• 04/18/91 — Scott filed a 3.850 Appeal in the Florida Supreme Court.
• 02/24/94 — The court found Scott’s appeal to be without merit and affirmed the denial of his 3.850 Motion.
• 09/30/94 — A third death warrant was signed by Governor Lawton Chiles.
• 11/18/94 — The Florida Supreme Court granted a stay of execution.
• 10/31/94 — Scott filed his fourth 3.850 Motion.
• 11/08/94 — The motion was denied.
• 10/31/94 — Scott also filed a Petition for Writ of Habeas Corpus in the United States Circuit Court.
• 11/07/94 — The court denied the Rule 60(b) and granted a Certificate of Probable Cause.
• 11/10/94 — The Certificate was denied.
• 11/02/94 — Scott filed a Habeas Appeal in the United States Court of Appeals.
• 11/14/94 — The court affirmed the denial of Scott’s Habeas Petition.
• 11/09/94 — Scott filed a 3.850 Appeal in the Florida Supreme Court.
• 03/16/95 — The Florida Supreme Court concluded that the trial court erred in failing to hold an evidentiary hearing and remanded for an evidentiary hearing.
• 11/14/94 — Scott filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 03/16/95 — The petition was denied.
• 06/19/95 — Scott’s Petition for Writ of Certiorari in the United States Supreme Court was denied.
• 04/23/96 — The remanded 3.850 Motion to the Circuit Court was denied.
• 07/22/96 — Scott appealed the Circuit Court’s decision to the Florida Supreme Court.
• 03/26/98 — The court affirmed the denial of Scott’s 3.850 Motion.
• 11/02/98 — Scott’s Petition for Writ of Certiorari to the United States Court was denied.
• 06/23/03 — Scott filed another 3.850 Motion in the State Circuit Court.
• 10/21/03 — The motion was denied.

The offence

On the evening of 12/04/78, Paul Scott and his codefendant, Richard Kondian, murdered James Alessi in his home. A witness, Charles Soutullo, claimed he was asked to participate in a scheme to rob and murder the victim, but refused. The victim, who knew both men, picked up Scott and Kondian and later returned with them to his home.

Alessi’s nude body was found on a sofa in his home on 12/05/78. He was covered with blood and his hands and feet were tightly bound with electrical cord and telephone wire. Alessi had been beaten in the head, chest and on the arms. One blow to the head was so severe that it caused a compressed skull fracture. The cause of death was determined to be a result of the head injuries.

Evidence indicated a violent struggle took place and attempts were made by the victim to free himself. Throughout the home, there were broken articles and bloodstains were on the walls, furniture, curtains and floors.

Scott’s fingerprints were found on various items throughout the home, including the neck of a broken vase and a bloodstained knife found on the sofa where the victim’s body was found.

After beating Alessi to death, Scott and Kondian rummaged through his house. They later entered his florist and jewelry shop with a key and seized most of the gold jewelry. They also stole Alessi’s car.

At the time of this offense, Scott was an absconder from parole supervision in California for second-degree murder.

Investigation and apprehension

Scott and Kondian were apprehended in Sacramento, California, one month after the murder. At the time of his arrest, Scott had in his possession a golden bear charm that was identical to the one that belonged to the victim.

Codefendant

• Richard Kondian, Richard Jr. — codefendant (Palm Beach County, Case #79-0167)
• Sentencing (Kondian): On 02/06/80, Kondian was sentenced to 45 years for murder in the second degree.
• Parole supervision: Kondian was paroled on 02/08/94 and was under supervision in Rhode Island; his parole is not scheduled to expire until 11/28/2023.

Trial

• 10/24/79 — Upon advisory sentencing, the trial jury, by a 7 to 5 majority, voted for the death penalty.

Sentencing

Defendant was sentenced as follows:

• Count I: First-Degree Murder – Death
• Date of sentence: 12/14/79

Direct appeal and collateral proceedings

Direct appeal

On 01/31/80, Scott filed a Direct Appeal in the Florida Supreme Court. Scott argued:

• that the evidence provided by the State was insufficient to prove guilt beyond a reasonable doubt and did not exclude a reasonable hypothesis of innocence;
• that evidence did not support a finding of premeditation, robbery or burglary;
• that error occurred when the court sustained the State’s objection on the basis of irrelevance to the question asked of a State witness by defense counsel;
• that the court gave erroneous jury instructions on the felony-murder rule and that jury selection occurred on a Jewish religious holiday, excluding a segment of the community from selection;
• that the court erred in finding that the murder occurred during the commission of, or attempt to commit robbery and/or burglary, and was for pecuniary gain and was cruel;
• that a journalist was erroneously excluded from providing testimony; and
• that Florida’s death penalty statute is unconstitutional.

The court found no merit in Scott’s arguments and affirmed his conviction and sentence of death on 10/20/82.

State habeas corpus / Rule 3.850 motions

• 05/31/83 — Scott filed a Petition for Writ Habeas Corpus; 06/03/83 it was denied.
• 02/16/84 — Scott filed his first 3.850 Motion in Circuit Court; it was immediately denied without prejudice because the Trial Court claimed the defendant did not properly swear to the motion.
• 03/26/84 — Scott filed a 3.850 Appeal in the Florida Supreme Court; 01/10/85 affirmed the denial.
• 12/27/85 — Scott filed the corrected 3.850 Motion; the trial court denied it on 07/23/86 after Scott raised ineffective assistance of counsel.
• 09/17/86 — Scott filed a 3.850 Appeal in the Florida Supreme Court; 08/20/87 affirmed the denial.
• 12/18/90 — Scott filed another 3.850 in Circuit Court asserting relief should be granted because allegedly new statements had been made by his codefendant and a witness had recanted his testimony; 03/06/91 the trial court denied relief without an evidentiary hearing.
• 04/18/91 — Scott filed a 3.850 Appeal in the Florida Supreme Court; Scott claimed:
  • error in the Circuit Court ruling on his second 3.850 Motion without holding an evidentiary hearing;
  • newly discovered evidence established his innocence;
  • his codefendant’s sentence of 45 years rendered his sentence disproportionate;
  • he was erroneously denied an opportunity to present exculpatory evidence; and
  • he was denied effective assistance of counsel.
  • Scott also claimed the prosecutor improperly argued inapplicable aggravating factors, and his sentence was unconstitutionally founded on arbitrary, capricious, and impermissible evidence.
  • 02/24/94 — the court found the appeal without merit and affirmed the denial of the 3.850 Motion.
• 10/31/94 — Scott filed his fourth 3.850 Motion raising newly-discovered evidence and a Brady rule violation, alleging the State violated Brady V. Maryland by not disclosing:
  • a statement made by a cellmate of Richard Kondian that Kondian admitted to killing the victim (the inmate claimed he told an officer that Kondian admitted to killing the victim); and
  • another inmate related to police that Kondian stated he was angry with Scott for “running out on him” and not participating in the murder.
  • 11/08/94 — the motion was denied.
• On remand: 04/23/96 — Scott’s remanded 3.850 Motion to the Circuit Court was denied.

Federal habeas and related proceedings

• 06/03/83 — Scott filed a federal Petition for Writ of Habeas Corpus in the United District Court; 06/06/83 the Stay of Execution allowed Scott to seek relief in state court.
• 05/26/88 — the petition was denied; 06/05/88 the stay of execution was vacated.
• 06/05/88 — Scott filed a Habeas Appeal in the United States Court of Appeals, 11th Circuit; 12/14/89 the court affirmed the denial.
• 10/31/94 — Scott filed a Petition for Writ of Habeas Corpus in the United States Circuit Court.
• 11/02/94 — Scott filed a Habeas Appeal in the United States Court of Appeals; 11/14/94 the court affirmed the denial of Scott’s Habeas Petition.

Additional petitions and certiorari

• 06/08/90 — Scott filed a Petition for Writ of Certiorari; 10/01/90 the petition was denied.
• 10/26/90 — Scott filed a Petition for Writ of Habeas Corpus; 11/04/93 it was denied.
• 09/14/98 — Scott filed a Petition for Writ of Certiorari to the United States Court; 11/02/98 the petition was denied.

Appeals after remand and additional 3.850 proceedings

3.850 Appeal leading to remand

• 03/16/95 — the Florida Supreme Court concluded that the trial court erred in failing to hold an evidentiary hearing on these issues and remanded the case to the trial court for an evidentiary hearing.

Certiorari after remand / later 3.850 appeal

• In his 3.850 Appeal, he claimed that error occurred in the scheduling of the evidentiary hearing, holding the hearing without him present, denying his motions to continue the hearing and to depose certain witnesses.
• He also claimed that error occurred in the assistant state counsel serving as both prosecutor and witness and that he was denied effective assistance of counsel.
• He claimed he was erroneously denied certain evidence from the evidentiary hearing.
• He also claimed error in denying his seven motions to disqualify the judge.
• 03/26/98 — the Florida Supreme Court affirmed the denial of Scott’s 3.850 Motion.

Final listed state motion

• 10/21/03 — the motion was denied.

Outcome

Scott was convicted by the trial jury of first-degree murder as charged in the indictment and was sentenced to death on 12/14/79. The Florida Supreme Court affirmed his conviction and sentence of death on 10/20/82. Subsequent petitions and motions were denied or affirmed, including:

• habeas corpus denial on 06/03/83,
• federal habeas denial affirmed on 12/14/89,
• petition for certiorari denied on 10/01/90 and 06/19/95,
• multiple 3.850 motions affirmed or denied, including affirmance on 02/24/94, 03/26/98, and denial of the later 3.850 on 10/21/03.