Henry Sireci

Case information

Henry Sireci (W/M) was prosecuted in the Ninth Judicial Circuit, Orange County, under Case #76-532, and the case was transferred to the Seventh Judicial Circuit on 01/16/84. The case was designated DC# 056338, and his date of birth was 07/17/48.

Background

The offence involved Henry Sireci’s visit to a used car lot on 12/03/75.

The offence

On 12/03/75, Sireci went to a used car lot, entered the office, and discussed buying a car with the owner of the car lot, Howard Poteet. In court, Sireci argued that the purpose of the visit was to take some keys so he could come back later and steal a car. The state argued that the purpose of the visit was to rob the owner.

Sireci was armed with a wrench and a knife, and a struggle ensued. Forensic evidence indicated that Poteet suffered multiple stab wounds, lacerations, and abrasions. Poteet’s body had a total of fifty-five stab and incision wounds, all located on the chest, back, head, and extremities. In addition, the neck was slit. Massive internal and external hemorrhages caused death. Later testimony stated that Sireci hit Poteet with the wrench and stabbed him sixty times.

Investigation

Forensic evidence supported the account of multiple stab wounds, lacerations, and abrasions, and identified the cause of death as massive internal and external hemorrhages.

Trial

On 02/27/76, Sireci was indicted on the following:

• Count I: First-Degree Murder

On 10/22/76, Sireci was found guilty on Count I of the indictment.

On 11/05/76, upon advisory sentencing, the jury recommended the death penalty by a majority vote.

Sentencing

On 11/15/76, Sireci was sentenced as follows:

• Count I: First-Degree Murder – Death

On 08/21/87, the trial court vacated the death sentence after an evidentiary hearing held 05/28/05/29/87.

On 05/04/90, Sireci was resentenced to death. Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

Appeals

Sireci filed a Direct Appeal in the Florida Supreme Court on 01/14/77 citing fifteen issues. The Florida Supreme Court affirmed the conviction and sentence on 04/09/81.

Sireci filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 09/08/81, which was denied on 05/17/82.

On 08/25/82, Governor Graham signed a death warrant scheduling the execution for 09/24/82.

Sireci filed a federal Petition for Writ of Habeas Corpus and Stay of Execution in the U.S. District Court on 09/07/82. The U.S. District Court dismissed the Petition and denied the stay on 09/16/82.

Sireci filed a 3.850 Motion in the Circuit Court on 09/08/82. A Stay of Execution was ordered on 09/17/82 and was vacated on 03/20/84. The 3.850 Motion was denied on 11/03/83.

Sireci filed a 3.850 Motion Appeal in the Florida Supreme Court on 01/06/84 citing the following issues: exclusion of non-statutory mitigating circumstances, racial discrimination, ineffective assistance of counsel, and an unconstitutional sentencing system. The Florida Supreme Court affirmed the denial of the 3.850 Motion on 03/21/85.

Supreme Court on 06/12/85, which was denied on 06/30/86.

On 09/10/86, Governor Graham signed a death warrant, and the execution was scheduled for 10/07/86.

Sireci filed a 3.850 Motion in the Circuit Court on 07/28/86. On 09/26/86, the trial court ordered an evidentiary hearing to be held and stayed the execution pending the outcome of the hearing.

On 09/25/86, Sireci filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court again citing racial discrimination in sentencing. The Florida Supreme Court denied the Petition on 01/05/87.

On 09/26/87, the state filed an appeal of the trial court’s order for an evidentiary hearing. The Florida Supreme Court affirmed the lower court’s order on 01/05/87.

The State filed a 3.850 Motion Appeal on 07/24/87, appealing the vacating of the death sentence. The Florida Supreme Court affirmed the trial court’s granting of the 3.850 Motion and the vacating of the sentence on 12/22/88.

Sireci filed a Direct Appeal with the Florida Supreme Court on 05/16/90. Sireci contended the following issues: the trial court erred by not allowing Sireci to waive the jury sentence recommendation; the trial court erred in denying a motion for mistrial; the use of the cold, calculated and premeditated aggravating circumstance was ex post facto; the trial court erred in rejecting mitigating circumstances; the jury’s death penalty recommendation was unreliable; and Florida’s sentencing statute was unconstitutional. The Florida Supreme Court affirmed the death sentence on 09/19/91.

Sireci filed a Petition for Writ of Certiorari in the United States Supreme Court on 01/24/92. The Petition was denied on 03/23/92.

Sireci filed a 3.850 Motion in the Circuit Court on 06/21/93, raising thirty-three claims. The Motion was denied on 02/09/99.

Sireci filed a federal Petition for Writ of Habeas Corpus in the United States District Court on 05/09/97. The Petition was denied on 03/01/99.

Sireci filed a 3.850 Motion Appeal in the Florida Supreme Court on 03/19/99, citing twenty-nine claims. The Motion was denied on 09/07/00.

Sireci filed a 3.850 Motion in the Circuit Court on 12/06/00, which was denied on 10/10/01.

Sireci filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 06/25/01. He contended the following issues: claims of ineffective assistance of counsel, challenging the constitutionality of the death penalty statute of Florida, and cruel and unusual punishment. The Florida Supreme Court denied the Petition on 02/28/02.

Sireci filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District of Florida, on 10/03/02. On 10/16/02, the case was administratively closed pending exhaustion of state remedies. On 03/05/03, the case was reopened.

On 08/04/03, Sireci filed a motion to stay proceedings until a DNA testing request was is settled in state court. The Florida Supreme Court issued an order directing administrative closure pending resolution of state proceedings on 08/12/03.

Sireci filed a 3.850 Motion in the Circuit Court on 10/08/02. He contended issues raised in the United States Supreme Court case of Ring v. Arizona. The Trial Court denied the Motion on 01/10/03.

Sireci filed a 3.853 Motion in the Circuit Court on 03/18/03, based on DNA testing of evidence. The Trial Court denied the Motion on 07/15/03.

Sireci filed a 3.853 Motion Appeal in the Florida Supreme Court on 09/02/03. On 04/28/05, the Florida Supreme Court affirmed the denial of Sireci’s 3.853 Motion.

On 10/12/05, Sireci filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 12/12/05.

Timeline

• 12/03/75 — Sireci went to a used car lot, entered the office, and discussed buying a car with Howard Poteet; a struggle ensued after Sireci was armed with a wrench and a knife.
• 02/27/76 — Sireci was indicted on Count I: First-Degree Murder.
• 10/22/76 — Sireci was found guilty on Count I of the indictment.
• 11/05/76 — Upon advisory sentencing, the jury recommended the death penalty by a majority vote.
• 11/15/76 — Sireci was sentenced to death for Count I: First-Degree Murder.
• 01/14/77 — Sireci filed a Direct Appeal in the Florida Supreme Court citing fifteen issues.
• 04/09/81 — The Florida Supreme Court affirmed the conviction and sentence.
• 09/08/81 — Sireci filed a Petition for Writ of Certiorari in the U.S. Supreme Court.
• 05/17/82 — The U.S. Supreme Court denied the Petition.
• 08/25/82 — Governor Graham signed a death warrant scheduling the execution for 09/24/82.
• 09/07/82 — Sireci filed a federal Petition for Writ of Habeas Corpus and Stay of Execution in the U.S. District Court.
• 09/16/82 — The U.S. District Court dismissed the Petition and denied the stay.
• 09/08/82 — Sireci filed a 3.850 Motion in the Circuit Court.
• 09/17/82 — A Stay of Execution was ordered.
• 03/20/84 — The Stay of Execution was vacated.
• 11/03/83 — The 3.850 Motion was denied.
• 01/06/84 — Sireci filed a 3.850 Motion Appeal in the Florida Supreme Court.
• 03/21/85 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 06/12/85 — Sireci filed a Petition for Writ of Certiorari in the U.S. Supreme Court.
• 06/30/86 — The U.S.
• 09/10/86 — Governor Graham signed a death warrant; execution was scheduled for 10/07/86.
• 07/28/86 — Sireci filed a 3.850 Motion in the Circuit Court.
• 09/26/86 — The trial court ordered an evidentiary hearing and stayed the execution pending the outcome.
• 08/21/87 — The trial court vacated the death sentence.
• 09/19/91 — The Florida Supreme Court affirmed the death sentence.
• 01/24/92 — Sireci filed a Petition for Writ of Certiorari in the U.S. Supreme Court.
• 03/23/92 — The U.S.
• 02/09/99 — The 3.850 Motion was denied.
• 03/01/99 — The federal Petition for Writ of Habeas Corpus was denied.
• 09/07/00 — The 3.850 Motion Appeal was denied.
• 10/10/01 — The 3.850 Motion filed on 12/06/00 was denied.
• 02/28/02 — The Florida Supreme Court denied the Petition for Writ of Habeas Corpus.
• 10/03/02 — Sireci filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District of Florida.
• 10/16/02 — The case was administratively closed pending exhaustion of state remedies.
• 03/05/03 — The case was reopened.
• 08/12/03 — The Florida Supreme Court issued an order directing administrative closure pending resolution of state proceedings.
• 04/28/05 — The Florida Supreme Court affirmed the denial of Sireci’s 3.853 Motion.
• 12/12/05 — The U.S. Supreme Court denied certiorari.

Other details

• Sentencing judge: The Honorable Maurice M. Paul.
• Attorney, trial: Edward Kirkland, Esq.
• Attorney, direct appeal: Craig S. Barnard & Richard B. Greene – Assistant Public Defenders.
• After resentencing: Larry B. Henderson – Assistant Public Defenders.
• Collateral appeals: Marie Parmer – CCRC-M.
• Date of offence: 12/03/75.
• Date of sentence: 11/15/76.
• Date of resentencing: 05/04/90.
• Case identifiers included Supreme Court of Florida opinion numbers and other opinion references: 69386, 70937, 76087, SC95116, SC01-1399, and SC03-1554.
• Alternate name referenced: “AKA Butch Blackstone (W/M)”.