Melvin Trotter

Case information

Melvin Trotter was born 12/29/60. The case was in the Twelfth Judicial Circuit, Manatee County, Case #86-1225. The sentencing judge was The Honorable Alan R. Dakan. The resentencing judge was The Honorable Eugene L. Eastmoore.

Trial attorney: Jim Slater – Assistant Public Defender. Direct Appeal (1st and 2nd): Douglas S. Connor – Assistant Public Defender. Collateral Appeals: Robert Strain & Carol Rodriguez – CCRC-M.

The offence

On 06/16/86, Melvin Trotter strangled and stabbed grocery store owner Virgie Langford six times in the right side and once in the left, which disemboweled her. Trotter asked Elenora Oates if she knew where to buy crack-cocaine. Oates went with Trotter to buy crack-cocaine and later accompanied Trotter to his mother’s home.

Elenora Oates testified that she saw Trotter running from the direction of the Langford’s store on 06/16/86. Oates and Trotter spent the afternoon smoking crack-cocaine and watching television. During that afternoon, Oates helped Trotter count money and food stamps, which he had tied in a red bandanna. Trotter told Oates that he received the money and food stamps for doing a job.

A truck driver found Langford after the attack. Langford was still alive and was able to answer questions. She described her attacker as a short black man wearing a Tropicana employee badge. She was transported to the hospital and underwent an operation; however, Langford died later that night from cardiac arrest, which resulted from Langford’s injuries. The descriptions given by both the victim and witness matched that of Trotter.

Police were led to inquire about an employee named “Melvin” at Tropicana based on the employee identification tag. Trotter’s handprint was found on the meat cooler. Police later retrieved a t-shirt from Trotter’s residence with a bloodstain on it matching the victim’s blood type.

In addition to the murder of Virgie Langford on 06/16/86, Trotter removed $100 and more than $30 in food stamps from the register in Langford’s store.

Investigation

The investigation included identification information from an employee identification tag that led police to inquire about an employee named “Melvin” at Tropicana.

Background

Trotter was the result of rape. He grew up fatherless and suffered from emotional deprivation and physical abuse from his alcoholic mother. He was placed into foster care when he was nine years old. While in foster care, his foster father was placed in jail for aggravated battery and he was raised solely by his foster mother. Trotter claimed that his foster care was abusive and unhealthy.

The only close familial relationship Trotter ever had was with his sister. While Trotter was in his late teens his sister was violently killed by gunshot.

Trotter was interviewed by a clinical psychiatrist after being arrested. The psychiatrist concluded that Trotter had an I.Q. in the range of 72. The psychiatrist reported that Trotter was a slow learner, had impaired common sense, was unable to plan or think ahead, and was unable to consider the consequences of his behavior. The psychiatrist described Trotter as someone who would not become violent unless he was in a situation which he perceived to be violent. The psychiatrist also noted that Trotter’s sense of reality could be distorted and his inhibition reduced due to his cocaine use.

Other cases

Manatee County Circuit Court #85-0463

On 01/13/85, Melvin Trotter and an accomplice kicked in the front door of E. Little’s residence. Trotter held Little down while his accomplice ransacked the room looking for money. Trotter was convicted of Burglary and Robbery and sentenced to two and one-half year sentences on 06/11/87.

Manatee County Circuit Court #86-1240

Trotter was sentenced to twelve years for Robbery with a Weapon.

Trial

Indictment and verdict

Trotter was indicted on 06/20/86 on the following counts:

• Count I: First-Degree Murder (Virgie Langford)

On 04/07/87, Trotter was found guilty for Count I of the indictment.

Advisory sentencing and first death sentence

On 04/09/87, upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty.

On 05/18/87, Trotter was sentenced as follows:

• Count I: First-Degree Murder (Virgie Langford) – Death

Sentencing and appeals

First direct appeal and remand

12/20/90: The Florida Supreme Court affirmed the conviction but reversed the sentence and remanded for resentencing.

04/21/93: While on remand from the Florida Supreme Court for resentencing, the jury voted, by an 11 to 1 majority, for the death penalty.

05/23/93: Trotter was sentenced as follows:

Trotter was sentenced to death on 07/23/93.

First direct appeal issues and procedural history

Trotter filed his first Direct Appeal in the Florida Supreme Court on 06/18/87. The issues addressed included that the trial court erred in mishandling juror selection, that the trial court did not investigate extraneous influences on the jury, that the trial court did not dismiss the prosecutor who had previously defended Trotter in a criminal matter, that the trial court mishandled mitigating factors, and that the trial court found the murder to be heinous, atrocious, or cruel.

The Florida Supreme Court did not find errors that warranted reversing the conviction; however, the Florida Supreme Court found that the trial court erred in handling the aggravating factors and reversed the sentence of death and remanded for resentencing on 12/20/90. Rehearing was denied on 04/04/91. A mandate was issued on 05/06/91. The trial court held a resentencing hearing, and the jury voted for death by a 11 to 1 majority on 04/21/93.

Second direct appeal and procedural history

Trotter filed his second Direct Appeal in the Florida Supreme Court on 07/28/93. The issues addressed included that the trial court mishandled aggravating factors. The Florida Supreme Court did not find errors that warranted reversing the sentence and affirmed the sentence on 12/19/96. Rehearing was denied on 04/04/97. A mandate was issued on 05/05/97.

Trotter filed a Petition for Writ of Certiorari in the United States Supreme Court on 07/02/97. The petition was denied on 10/06/97.

Collateral proceedings and denials

On 06/08/98, Trotter filed a 3.850 Motion in the Circuit Court. Evidentiary hearings were held from 04/29/02 to 05/03/02 and 06/27/02. The motion was denied on 03/20/03.

Trotter filed a 3.850 Appeal in the Florida Supreme Court on 04/24/03. Trotter raised issues stating he is mentally retarded and the death sentence is disproportionate, and he argued ineffective assistance of counsel. The Florida Supreme Court affirmed the denial of Trotter’s 3.850 Motion on 05/25/06.

Trotter filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 11/10/03. He first claimed that the death sentence is unconstitutional. Second, he claimed he may be incompetent at the time of execution. The court denied both claims stating that the second can not be reviewed until after a death warrant is signed. Trotter’s petition was denied on 05/25/06.

On 11/26/04, Trotter filed a 3.851 Motion in the Circuit Court. The motion was stated as currently pending.

Outcome

Trotter was sentenced to death on 05/18/87 and was resentenced to death on 07/23/93. The Florida Supreme Court affirmed the conviction and reversed the sentence for resentencing on 12/20/90, and it later affirmed the sentence on 12/19/96. The United States Supreme Court denied the petition for writ of certiorari on 10/06/97. The Florida Supreme Court denied the 3.850 Motion on 05/25/06 and denied the petition for writ of habeas corpus on 05/25/06. The 3.851 motion filed on 11/26/04 was pending.

Timeline

• 01/13/85 — Melvin Trotter and an accomplice kicked in the front door of E. Little’s residence; Trotter held Little down while the accomplice ransacked the room looking for money.
• 06/16/86 — Melvin Trotter strangled and stabbed Virgie Langford; after the attack, Langford died later that night from cardiac arrest resulting from her injuries.
• 06/20/86 — Trotter was indicted on Count I: First-Degree Murder (Virgie Langford).
• 04/07/87 — Trotter was found guilty for Count I.
• 04/09/87 — Advisory sentencing occurred; the jury voted 9 to 3 for the death penalty.
• 05/18/87 — Trotter was sentenced to death for Count I.
• 06/11/87 — In Manatee County Circuit Court #85-0463, Trotter received two and one-half year sentences for burglary and robbery.
• 12/20/90 — The Florida Supreme Court affirmed the conviction but reversed the death sentence and remanded for resentencing.
• 04/04/91 — Rehearing was denied following the 12/20/90 decision.
• 05/06/91 — A mandate was issued following the 12/20/90 decision.
• 04/21/93 — On resentencing, the jury voted 11 to 1 for the death penalty.
• 05/23/93 — Trotter was sentenced to death for Count I.
• 07/23/93 — Trotter was resentenced to death.
• 07/28/93 — Trotter filed his second direct appeal in the Florida Supreme Court.
• 12/19/96 — The Florida Supreme Court affirmed the sentence.
• 04/04/97 — Rehearing was denied following the 12/19/96 decision.
• 05/05/97 — A mandate was issued following the 12/19/96 decision.
• 07/02/97 — Trotter filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 10/06/97 — The United States Supreme Court denied the petition.
• 06/08/98 — Trotter filed a 3.850 Motion in the Circuit Court.
• 04/29/02 — Evidentiary hearing began for the 3.850 Motion in the Circuit Court.
• 05/03/02 — Evidentiary hearing ended for the 3.850 Motion in the Circuit Court.
• 06/27/02 — Additional evidentiary hearing occurred for the 3.850 Motion in the Circuit Court.
• 03/20/03 — The 3.850 Motion was denied.
• 04/24/03 — Trotter filed a 3.850 Appeal in the Florida Supreme Court.
• 11/10/03 — Trotter filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 05/25/06 — The Florida Supreme Court affirmed the denial of the 3.850 Motion and denied the petition for writ of habeas corpus.
• 11/26/04 — Trotter filed a 3.851 Motion in the Circuit Court.

Other details

Trotter’s trial and appellate counsel included Jim Slater (Assistant Public Defender), Douglas S. Connor (Assistant Public Defender), and collateral appellate counsel Robert Strain & Carol Rodriguez (CCRC-M). The record also included court case numbers: Supreme Court of Florida opinion 70714, opinion 82142, SC03-735, DC #573461, Twelfth Judicial Circuit, Manatee County, Case #86-1225, and Manatee County Circuit Court #85-0463 and #86-1240.