Perry Alexander Taylor

Background

Perry Alexander Taylor was convicted and sentenced to death for the murder of Geraldine Birch. Taylor admitted to killing Geraldine Birch.

Taylor said that he was standing with a group of friends when Birch joined the group. Taylor claimed that the group dispersed but that as he walked away Birch called him back and told him that she was trying to get to Sulphur Springs. Taylor said that he did not have an automobile.

At this point, Birch offered sex in exchange for money or crack cocaine. Taylor and Birch agreed on ten dollars and went to the dugout of a Little League field.

Otis Allen and Adrian Mitchell testified to seeing Taylor and Birch talking prior to their going into the dugout area.

Taylor said that he and Birch briefly had sex but that she ended the sex. Taylor claimed that Birch then began to perform oral sex on Taylor. Taylor claimed that Birch bit his penis, and that he had to choke and hit her to make her let go of him. Taylor also admitted to additionally hitting Birch in anger.

The offence

The indictment charged Taylor with:

• Count I: First-Degree Murder (Geraldine Birch)
• Count II: Sexual Battery with a Deadly Weapon

The medical examiner testified that Birch sustained a minimum of ten massive hits that damaged most of her internal organs, including her brain, larynx, heart, lungs, spleen and ribs.

The medical examiner also testified that Birch was found to have a bite mark on her arm, bruising on her face, chest and stomach, and patches of missing hair.

The record states that Taylor did not have the expected injuries based on his story.

Investigation

No standalone investigation facts were provided beyond the evidentiary testimony and medical examiner testimony described in the case summary.

Trial

On 11/16/88, Taylor was indicted on the following counts:

On 05/11/89, the defendant was found guilty on all counts charged in the indictment.

Upon advisory sentencing, on 05/11/89, the jury, by a 12 to 0 majority, voted for the imposition of the death penalty.

Sentencing

On 05/12/89, Taylor was sentenced as follows:

• Count I: First-Degree Murder (Geraldine Birch) — Death
• Count II: Sexual Battery with Deadly Weapon — Life

On 06/27/91, the Florida Supreme Court affirmed the conviction but reversed the sentence and remanded the case for resentencing.

On 05/21/92, upon resentencing, the advisory jury, by an 8 to 4 majority, voted for the imposition of the death penalty.

On 06/23/92, Taylor was resentenced as follows:

Appeals

Taylor filed his first direct appeal in the Florida Supreme Court on 06/05/89. The issues addressed included:

• that the trial court erred in not performing a Neil inquiry based on the prosecutor’s peremptory challenge to a black juror
• that the trial court did not admit evidence that Birch had used crack cocaine
• that the prosecutor included statements about what Taylor could do while he was in prison in his closing arguments, which Taylor argued were inflammatory and improper

On 06/27/91, the Florida Supreme Court affirmed the conviction but reversed the sentence of death and remanded the case for resentencing before a new jury because of the remarks made by the prosecutor.

Taylor filed his second direct appeal in the Florida Supreme Court on 07/09/92. The issues addressed included:

• that a prospective juror opposing the death penalty was inappropriately excused
• that the court did not perform a Neil inquiry
• that the death penalty is unconstitutional
• that the judge did not properly instruct the jury
• that a sentence of death is not proportional

The Florida Supreme Court affirmed the sentence on 05/05/94.

On 09/19/94, Taylor filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 11/14/94.

On 03/12/96, Taylor filed a 3.850 Motion in the circuit court. An amended motion was filed on 10/07/98. The motion was denied on 02/06/06.

Taylor filed a 3.851 appeal in the Florida Supreme Court on 03/29/06. The appeal was currently pending.

Outcome

Taylor was sentenced to death for the First-Degree Murder of Geraldine Birch and was sentenced to life for Sexual Battery with a Deadly Weapon.

Timeline

• 10/24/88 — Date of offense
• 11/16/88 — Taylor was indicted on Count I (First-Degree Murder) and Count II (Sexual Battery with a Deadly Weapon)
• 05/11/89 — Guilty verdict on all counts; advisory jury voted 12 to 0 for the death penalty
• 05/12/89 — Taylor was sentenced: Count I death; Count II life
• 06/05/89 — First direct appeal filed in the Florida Supreme Court
• 06/27/91 — Florida Supreme Court affirmed conviction but reversed sentence and remanded for resentencing
• 05/21/92 — Resentencing advisory jury voted 8 to 4 for the death penalty
• 06/23/92 — Taylor was resentenced: Count I death; Count II life
• 07/09/92 — Second direct appeal filed in the Florida Supreme Court
• 05/05/94 — Florida Supreme Court affirmed the sentence
• 09/19/94 — Petition for Writ of Certiorari filed in the United States Supreme Court
• 11/14/94 — Petition denied
• 03/12/96 — 3.850 Motion filed in the circuit court
• 10/07/98 — Amended 3.850 motion filed
• 02/06/06 — 3.850 Motion denied
• 03/29/06 — 3.851 appeal filed in the Florida Supreme Court (currently pending)

Other details

The case information included:

• Supreme Court of Florida opinion 74260; opinion SC06-215
• DC #086160
• Thirteenth Judicial Circuit, Hillsborough County
• Case #88-15525
• Date of birth: 06/19/66
• Sentencing Judge: The Honorable M. Wm. Graybill
• Resentencing Judge: The Honorable Diana M. Allen

Attorneys listed included:

• Trial: Nick Sinardi and Robert Simms — Special Assistant Public Defenders
• Resentence: Manuel Lopez — Special Assistant Public Defender
• Direct Appeal (1st & 2nd): Steven L. Bolotin — Assistant Public Defender
• Collateral Appeals: Eric Pinkard & James L. Driscoll, Jr. — CCRC-M