George James Trepal

Case details

George James Trepal was convicted and sentenced to death for the murder of Peggy Carr.

Timeline

• 10/15/88 — Date of offense
• 04/05/90 — Trial began with indictment on multiple counts
• 02/05/91 — Trepal was found guilty on each count of the indictment
• 02/07/91 — Advisory sentencing: jury voted for the death penalty by a 9 to 3 majority
• 03/06/91 — Sentencing: Trepal received a death sentence for first-degree murder and 30-year sentences for the other counts
• 04/02/91 — Trepal filed a direct appeal in the Florida Supreme Court
• 06/10/93 — Florida Supreme Court affirmed conviction and sentence
• 08/23/93 — Rehearing denied
• 09/22/93 — Mandate issued
• 11/22/93 — Trepal filed a Petition for Writ of Certiorari in the United States Supreme Court
• 01/18/94 — Petition denied
• 06/16/95 — Trepal filed a 3.850 Motion in the Circuit Court
• 11/06/96 — 3.850 Motion denied
• 01/15/97 — Trepal filed a 3.850 Appeal in the Florida Supreme Court
• 02/11/99 — Evidentiary hearing held
• 07/06/00 — Evidentiary hearing reconvened
• 03/06/03 — Florida Supreme Court affirmed the appeal
• 05/15/03 — Rehearing denied
• 06/16/03 — Mandate issued
• 10/10/97 — Trepal filed a 3.850 Motion in the Circuit Court
• 11/17/98 — 3.850 Motion denied
• 10/15/01 — Trepal filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court
• 03/06/03 — Petition denied
• 05/15/03 — Rehearing denied
• 06/16/03 — Mandate issued
• 06/23/03 — Trepal filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court
• 11/14/03 — Petition denied
• 05/04/04 — Rehearing denied
• 08/13/03 — Trepal filed a Petition for Writ of Certiorari in the United States Supreme Court
• 10/14/03 — Petition denied
• 10/20/04 — Trepal filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court
• 12/06/04 — Petition denied
• 08/17/05 — Trepal filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District

Background

George Trepal and his wife moved into their home in Alturas, Florida during the early 1980s.

Pareilayn and Peggy Carr married in 1988, and Peggy Carr moved into Pareilayn’s home, which was located next to Trepal’s home.

Travis Carr, Pareilayn’s son, and Duane Dubberly, Peggy’s son, also resided at the Alturas residence.

In 1988, Pareilayn Carr renovated their garage into an apartment, where his daughters Delena Shiver and Tammy Reed, and his granddaughter Kasey Bell, resided.

The Carrs and Trepal were involved in a number of altercations, including one incident in which Trepal threatened to kill one of the Carr children.

The Carrs received an unsigned letter threatening harm to their family if they did not leave Florida.

Trepal threatened the family after comments he made during a police interview. When officials inquired into why Trepal thought someone would poison the Carrs, he told them to get them to move out.

Trepal claimed to accompany his wife to the office every day, but police determined that he either stayed at home or went to his own office each day. Trepal therefore had the opportunity to enter the Carrs’ residence because the Carrs did not always lock their doors upon leaving the residence.

Trepal worked as a chemist in an amphetamine laboratory. Thallium was a by-product of amphetamine production.

In 1975, Trepal was convicted of Conspiracy to Manufacture Methamphetamine.

A threatening letter was received by the Carrs in June of 1988. The letter threatened that they would all die if they did not leave Florida immediately. The letter was unsigned.

The offence

Peggy Carr began to suffer from a mysterious illness in October 1988.

Peggy Carr was admitted to the hospital and remained there for several days before being discharged. After discharge, her condition worsened, and she was readmitted to the hospital.

Travis Carr and Duane Dubberly also exhibited similar symptoms and were transported to the hospital.

Dr. Hostler suspected thallium poisoning based on the symptoms displayed. Within one day, thallium poisoning was confirmed.

Peggy Carr’s condition worsened, and she fell into a coma. She died when life support was disconnected in March 1988.

Travis Carr and Duane Dubberly remained in the hospital for treatment of thallium poisoning.

Further testing revealed thallium in other family members, including Gelena Shiver, Kasey Bell, and Pareilayn Carr.

Investigation

In November 1989, officials collected samples from the Carr household to determine the origin of the thallium.

Tiller tested the residue in several empty Coca-Cola bottles retrieved during the collection of samples, and thallium was detected in the Coca-Cola bottles.

The lot numbers of the cola bottles allowed police to trace when and where the bottles were produced.

Officials determined it was impossible for eight bottles containing thallium to end up being packaged together.

Coca-Cola officials claimed that they had not received any other reports of poisoning or threats related to tampering with their product.

Special Agent Susan Goreck went undercover to further investigate Trepal.

Goreck attended a “Mensa Murder Weekend” that Trepal’s wife organized under the name of Sherry Guinn.

Trepal wrote a pamphlet for the weekend that described writing a threatening note and then poisoning the recipient of the note.

During that weekend, Goreck had contact with Trepal and learned that he was selling his Alturas residence and was moving to Sebring, Florida or to Virginia.

Goreck arranged to rent Trepal’s home after he and his wife moved.

After paying the rent in money orders, Goreck and a search team went to the home. In the garage, investigators found a bottle containing powdered thallium.

After the discovery of thallium, Trepal was charged with seven counts of poisoning.

A subsequent search of Trepal’s Sebring home in April 1989 turned up chemistry books and equipment, including information about poisons.

Officials also found the Agatha Christie novel Pale Horse, which described using thallium to poison people in a household.

Police found a bottle-capping machine that could be used to replace the bottle caps of Coca-Cola bottles after the cap was removed to introduce the poison into the drink.

Arrest

No arrest details were provided in the record.

Trial

Indictment and counts

On 04/05/90, Trepal was indicted on the following counts:

• Count I: First-Degree Murder (Peggy Carr)
• Count II: Attempted First-Degree Murder (Arlie Duane Dubberly)
• Count III: Attempted First-Degree Murder (Parealyn Travis Carr)
• Count IV: Attempted First-Degree Murder (Parealyn Carr)
• Count V: Attempted First-Degree Murder (Kasey Bell)
• Count VI: Attempted First-Degree Murder (Gelena Bell)
• Count VII: Attempted First-Degree Murder (Tammy Carr)
• Count VIII: Poisoning Food or Water (Peggy Carr)
• Count IX: Poisoning Food or Water (Arlie Duane Dubberly)
• Count X: Poisoning Food or Water (Parealyn Travis Carr)
• Count XI: Poisoning Food or Water (Parealyn Carr)
• Count XII: Poisoning Food or Water (Kasey Bell)
• Count XIII: Poisoning Food or Water (Gelena Bell)
• Count XIV: Poisoning Food or Water (Tammy Carr)
• Count XV: Tampering with a Consumer Product

Verdict

On 02/05/91, Trepal was found guilty on each count of the indictment.

Sentencing proceedings

After advisory sentencing, on 02/07/91, the jury voted for the death penalty by a 9 to 3 majority.

Sentencing Judge was The Honorable Dennis P. Maloney.

Trial attorney was Jonathan Stidham – Private Attorney.

Direct Appeal attorney was Ronald T. Toward – Private Attorney.

Collateral Appeals attorney was Todd Scher – CCRC-S.

Sentences

On 03/06/91, Trepal was sentenced as follows:

• Count I: First-Degree Murder (Peggy Carr) — Death
• Count II: Attempted First-Degree Murder (Arlie Duane Dubberly) — 30 years
• Count III: Attempted First-Degree Murder (Parealyn Travis Carr) — 30 years
• Count IV: Attempted First-Degree Murder (Parealyn Carr) — 30 years
• Count V: Attempted First-Degree Murder (Kasey Bell) — 30 years
• Count VI: Attempted First-Degree Murder (Gelena Bell) — 30 years
• Count VII: Attempted First-Degree Murder (Tammy Carr) — 30 years
• Count VIII: Poisoning Food or Water (Peggy Carr) — 30 years
• Count IX: Poisoning Food or Water (Arlie Duane Dubberly) — 30 years
• Count X: Poisoning Food or Water (Parealyn Travis Carr) — 30 years
• Count XI: Poisoning Food or Water (Parealyn Carr) — 30 years
• Count XII: Poisoning Food or Water (Kasey Bell) — 30 years
• Count XIII: Poisoning Food or Water (Gelena Bell) — 30 years
• Count XIV: Poisoning Food or Water (Tammy Carr) — 30 years
• Count XV: Tampering with a Consumer Product — 30 years

Appeals

Direct appeal

Trepal filed his Direct Appeal in the Florida Supreme Court on 04/02/91.

Issues addressed included that the trial court wrongly admitted evidence, that defense counsel was ineffective, that the evidence was insufficient for a First-Degree Murder conviction, and that the death penalty was not appropriate.

On 06/10/93, the Florida Supreme Court affirmed the conviction and sentence. Rehearing was denied on 08/23/93. A mandate was issued on 09/22/93.

Trepal filed a Petition for Writ of Certiorari in the United States Supreme Court on 11/22/93. The petition was denied on 01/18/94.

3.850 proceedings

Trepal filed a 3.850 Motion in the Circuit Court on 06/16/95; it was denied on 11/06/96.

On 01/15/97, Trepal filed a 3.850 Appeal in the Florida Supreme Court.

The issues addressed included that there was not adversarial testing during the guilt or penalty phase by the defense, his attorney had conflicts of interest, and that juror misconduct occurred.

The case was remanded to the trial court for an evidentiary hearing. The evidentiary hearing was held on 02/11/99 and reconvened on 07/06/00.

On 03/06/03, the Florida Supreme Court affirmed the appeal. Rehearing was denied on 05/15/03, and a mandate was issued on 06/16/03.

Trepal filed a 3.850 Motion in the Circuit Court on 10/10/97; it was denied on 11/17/98.

Florida habeas corpus petitions

On 10/15/01, Trepal filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The issues addressed included that the trial court erred in allowing testimony based on hearsay, and that Trepal argued he received ineffective assistance of counsel.

The petition was denied on 03/06/03. Rehearing was denied on 05/15/03. A mandate was issued on 06/16/03.

Trepal filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 06/23/03. The petition was denied on 11/14/03, and rehearing was denied on 05/04/04.

United States Supreme Court petition

Trepal filed a Petition for Writ of Certiorari in the United States Supreme Court on 08/13/03. The petition was denied on 10/14/03.

Additional Florida habeas corpus petition

On 10/20/04, Trepal filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. On 12/06/04, the petition was denied.

Federal habeas corpus

On 08/17/05, Trepal filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. The appeal was pending.

Other details

• Date of birth: 01/23/49.
• Supreme Court of Florida opinion: 77667; opinion SC89710.
• Case number: 90-1569.
• Lower court: 10th Judicial Circuit, Polk County.
• Circuit court number: DC# 121965.
• Offense date: 10/15/88.
• Date of sentence: 03/06/91.
• The record described the case as involving thallium poisoning confirmed within one day after the initial hospital admission and further thallium detected in multiple family members.
• The record described Trepal’s involvement in altercations with the Carr family, including a threat to kill one of the Carr children.
• The record described threats to the Carr family in unsigned letters received in June 1988 and a separate threat related to comments Trepal made during a police interview.
• The record stated the Agatha Christie novel Pale Horse was found during a search and described it as discussing using thallium to poison people in a household.
• The record stated Coca-Cola officials claimed they had not received reports of poisoning or threats related to tampering with their product.