Sean Smith

Background

Sean Smith was convicted and sentenced to death for the murder of Grazyna Mlynarczyk.

The offence

On 10/29/96, Mlynarczyk was found dead in her bedroom by her boyfriend, Zdzislaw Raminiski. Mlynarczyk was naked from the waist down and had been shot in the head.

The morning of Mlynarczyk’s murder, she told Zdzislaw that she had a doctor’s appointment and would call him afterwards. Mlynarczyk never called, and Zdzislaw was not able to contact her by phone.

Zdzislaw went to Mlynarczyk’s residence and entered using his key. Zdzislaw found Mlynarczyk, naked from the waist down, lying in her bedroom and moved her to the bed. He noted that she was cold and covered in blood.

Smith later called the police. Firefighters responded to Zdzislaw’s call and determined that Mlynarczyk was dead.

Offence counts at trial were:

• Count I: First-Degree Murder
• Count II: Armed Sexual Battery
• Count III: Armed Robbery

Smith was found guilty on Counts I and II and found not guilty on Count III.

Investigation

Officers secured items from the scene, including:

• a lotion bottle
• a woman’s undergarment
• a pillow with a gun shot entering one side and exiting the other
• two AmSouth Bank envelopes holding a total of $1,200
• a shoe box holding $1,000
• a wallet holding $58

Officers also canvassed the area for possible witnesses.

The police contacted Smith during the canvassing because he lived in an apartment close to Mlynarczyk’s, but he told police that he had been working and did not know about the incident.

A medical examiner determined that Mlynarczyk was shot at close range through the pillow. The medical examiner determined that there was semen in Mlynarczyk’s vaginal area, and that Mlynarczyk had a tear to the labia majora caused by trauma to the vagina, which was associated with nonconsensual sex.

The DNA of the semen collected from Mlynarczyk’s body matched the DNA obtained from Smith’s blood sample. A trial expert, using statistical analysis, determined that Smith’s DNA profile would be found in 1 out of 101 billion African Americans.

Smith’s fingerprints were matched to the lotion bottle secured by the police from Mlynarczyk’s home.

Gerald Paul Daigneault, a cab driver, testified that he picked up Smith as a passenger on 11/07/96. Smith proceeded to rob Daigneault at gunpoint. Daigneault gave Smith the money demanded, but Smith shot Daigneault in the back of the head. Daigneault opened the door and rolled out onto the ground “playing dead” until Smith drove away in Daigneault’s car.

Arrest

Smith was indicted on the following counts on 06/12/97:

• Count I: First-Degree Murder
• Count II: Armed Sexual Battery
• Count III: Armed Robbery

Trial

Smith’s trial resulted in the following findings:

• 12/03/98: Smith was found guilty on Counts I and II.
• 12/03/98: Smith was found not guilty on Count III.

Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty on 12/15/98.

Sentencing

On 12/18/98, Smith was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Armed Sexual Battery — 21 Years, 4 months and 15 days

On 04/04/97, Smith was sentenced to three sentences of 10 years, 6 months and 5 days for:

• Carjacking with a Deadly Weapon
• Robbery without a Deadly Weapon
• Aggravated Battery with a Deadly Weapon

Appeals

Smith filed his Direct Appeal in the Florida Supreme Court on 01/14/99. The issues addressed included that the trial court erred in denying Smith’s motion for judgment of acquittal, in admitting DNA evidence and testimony of a medical expert, in limiting defense questioning of prospective jurors, and that the death penalty was not proportional.

The Florida Supreme Court affirmed the conviction and sentence on 01/03/02. Rehearing was denied on 02/12/02. A mandate was issued on 02/12/02.

Smith filed a Petition for Writ of Certiorari in the United States Supreme Court on 05/13/02. The petition was denied on 10/07/02.

Smith filed a 3.850 Motion in the circuit court on 09/24/03, and the motion was denied on 11/02/04.

On 12/17/04, Smith filed a 3.850 Appeal in the Florida Supreme Court. The appeal was currently pending.

On 11/02/05, Smith filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The petition was currently pending.

Outcome

Smith’s conviction and death sentence were affirmed by the Florida Supreme Court on 01/03/02.

Other details

Case information included:

• Ninth Judicial Circuit, Orange County
• Case #97-7497
• Sentencing Judge: The Honorable John Adams
• Attorney, Trial: R. LeBlanc and F. Iennaro – Special Public Defenders
• Attorney, Direct Appeal: Christopher Quarles – Assistant Public Defender
• Attorneys, Collateral Appeals: Mark Gruber and David Hendry – CCRC-M
• Date of Offense: 10/29/96
• Date of Sentence: 12/18/98

Other case identifiers included:

• Supreme Court of Florida opinion SC94691 opinion 04-2379
• AKA Dolan Darling (B/M)
• DC# X06883
• DOB: 05/28/76
• Orange County Circuit Court # 96-13626