Derrick Tyrone Smith

Case information

Derrick Tyrone Smith was born on 08/07/62. He was tried in the Sixth Judicial Circuit, Pinellas County, in Case #83-2653. The sentencing judge was The Honorable William W. Walker. The resentencing judge was The Honorable Claire K. Luten.

Investigation and circumstances of the offence

Derrick Tyrone Smith was convicted and sentenced to death for the murder of Jeffery Songer.

On 03/21/83, Derrick Smith and Derrick Johnson carried out a robbery that they had previously planned. Smith called for a cab from a St. Petersburg restaurant payphone. A cab driver, Jeffery Songer, picked up the two men who requested to be taken to a nearby residential area. After becoming suspicious, Songer radioed an emergency code to his dispatch. His dispatch called the police and also sent another cab driver to answer Songer’s distress call. The police and other cab driver found Songer lying about 70 feet from the car, dead from a gunshot wound to the back.

A witness identified Smith and Johnson and testified to seeing Smith shoot Songer in the back when Songer tried to run from the taxicab. Another witness testified at trial to Smith robbing him and his wife in their motel room at gunpoint with a firearm similar to the one used to kill Songer.

Smith pled guilty to those charges and received a life sentence.

The firearm used to kill Songer was never found. Smith’s uncle reported that a firearm of the same type, a .38-caliber pistol, was missing from his home. Several people testified to seeing Smith with that firearm type shortly before the murder. The police matched the type of bullet that killed Songer to bullets that Smith’s uncle had bought for his missing firearm. Smith’s fingerprints were found on the restaurant pay telephone that had been used to call for the taxicab.

During the investigation, Smith said that he had sold the firearm the day before the murder to Johnson. Smith admitted that he called for the taxicab, but claimed that at the last minute he changed his mind about the robbery and decided not to go.

Codefendant

Derrick Johnson was convicted of Second Degree Murder on 12/20/83 for his role in the murder of Songer on 03/21/93. Johnson received a life sentence. His case was Pinellas County Circuit Court #83-2904.

Trial

Smith was indicted on 05/24/83 on the following counts:

• Count I: First-Degree Murder

On 11/10/83, Smith was found guilty for Count I of the indictment at the first trial.

Upon advisory sentencing on 11/10/83, the jury, by a 7 to 5 majority, voted for the death penalty.

On 11/29/83, Smith was sentenced:

• Count I: First-Degree Murder — Death

Appeals and remand

On 07/17/86, the Florida Supreme Court reversed the conviction and sentence and remanded the case to the trial court for a new trial.

Smith filed his Direct Appeal in the Florida Supreme Court on 12/27/83. The Florida Supreme Court determined that the State made an inappropriate comment about Smith exercising his right to remain silent during the investigation at the trial and that the trial court admitted statements made by the defendant after he had established that he would exercise his right to remain silent.

The Florida Supreme Court reversed the conviction and sentence on 07/17/86 and remanded the case for a new trial. Rehearing was denied on 09/10/86. A mandate was issued on 10/17/86.

Second trial and resentencing

On 05/12/90, the jury found Smith guilty for Count I of the indictment at the second trial.

Upon advisory sentencing on 05/16/90, the jury, by an 8 to 4 majority, voted for the death penalty.

On 07/13/90, Smith was sentenced:

Direct appeal after resentencing and collateral proceedings

Smith filed his Direct Appeal in the Florida Supreme Court on 08/16/90. The issues included the disproportionateness of the death sentence in this case and that the trial court erred in not conducting an adequate Richardson inquiry. Smith also argued that the trial court violated his right to effective counsel and to confront witnesses.

The Florida Supreme Court affirmed the conviction and sentence on 06/09/94. Rehearing was denied on 09/12/94. A mandate was issued on 10/14/94.

Smith filed a Petition for Writ of Certiorari on 12/12/94 with the United States Supreme Court. The petition was denied on 02/21/95.

Smith filed a 3.850 Motion on 04/01/97 with the circuit court. Smith filed amended 3.850 Motions on 10/21/98, 12/06/99, 04/03/00, 09/18/00, 01/11/02, and 03/13/02. An evidentiary hearing was held on 07/23/02. The motion was denied on 02/11/03.

Smith filed a Petition for Writ of Certiorari on 04/01/02 with the United States Supreme Court. The petition was denied on 06/28/02. Rehearing was denied on 08/26/02.

Smith filed a 3.850 Appeal with the Florida Supreme Court on 03/13/03. He raised five claims:

1. The State withheld exculpatory evidence and presented false and misleading evidence.
2. Error occurred in the circuit court when they limited the scope of his evidentiary hearing.
3. His counsel was ineffective during the guilt phase and penalty phase of his trial.
4. A newly discovered witness provided evidence of his innocence.

On 03/09/06, the Florida Supreme Court affirmed the denial of Smith’s 3.850 Motion.

On 01/18/05, Smith filed a Habeas Petition with the Florida Supreme Court. He claimed that the court’s disposition of his direct appeal rested on erroneous fact and that the State failed to disclose pertinent facts regarding his direct appeal. He also claimed his counsel was ineffective and that the Florida capital sentencing scheme violated Ring, 536 U.S. 584. The petition was denied on 03/09/06.

Timeline

• 03/21/83 — Smith and Johnson carried out a robbery that they had previously planned; Songer was killed after radioing for help; police found Songer about 70 feet from the car, dead from a gunshot wound to the back.
• 05/24/83 — Smith was indicted on Count I: First-Degree Murder.
• 11/10/83 — Smith was found guilty for Count I at the first trial; the jury voted for death by a 7 to 5 majority.
• 11/29/83 — Smith was sentenced to death for Count I: First-Degree Murder.
• 07/17/86 — The Florida Supreme Court reversed the conviction and sentence and remanded for a new trial.
• 09/10/86 — Rehearing was denied.
• 10/17/86 — A mandate was issued.
• 05/12/90 — The jury found Smith guilty for Count I at the second trial.
• 05/16/90 — The jury voted for death by a majority of 8 to 4.
• 07/13/90 — Smith was resentenced to death for Count I: First-Degree Murder.
• 08/16/90 — Smith filed his Direct Appeal in the Florida Supreme Court.
• 06/09/94 — The Florida Supreme Court affirmed the conviction and sentence.
• 09/12/94 — Rehearing was denied.
• 10/14/94 — A mandate was issued.
• 12/12/94 — Smith filed a Petition for Writ of Certiorari with the United States Supreme Court.
• 02/21/95 — The petition was denied.
• 04/01/97 — Smith filed a 3.850 Motion with the circuit court.
• 07/23/02 — An evidentiary hearing was held.
• 02/11/03 — The 3.850 motion was denied.
• 03/09/06 — The Florida Supreme Court affirmed the denial of Smith’s 3.850 Motion; Smith’s Habeas Petition was also denied on this date.
• 12/20/83 — Johnson was convicted of Second Degree Murder for his role in Songer’s murder.

Other details

Smith’s trial attorneys were Richard G. Smith and Thomas Dennely, Assistant Public Defenders. His direct appeal attorney for the 1st Direct Appeal was W.C. McLain, Assistant Public Defender. His direct appeal attorney for the 2nd Direct Appeal was Paul C. Helm, Assistant Public Defender. His collateral appeals attorney was Martin McClain, who was associated with the Registry.

Smith was also tied to appellate case identifiers that included United States Court of Appeals For the Eleventh Circuit opinion 07-14173, Supreme Court of Florida opinion 64670, opinion 76491, and SC03-454, along with DC# 490606.

Outcome

Smith was sentenced to death on November 29, 1983 and was resentenced to death on July 13, 1990.