John Troy

Parties and identifiers

• Name: John Troy
• Date of birth (DOB): 12/05/69
• Twelfth Judicial Circuit: Sarasota County
• Case number: 01-12500
• DC# 121605
• Supreme Court of Florida opinions cited: SC04-332 and SC09-526

Background

John Troy became pen pals with Marilyn Brooks while in prison. They became romantically involved and planned to live together after Troy’s release from prison. When Troy was released from prison, he and Brooks lived together at his mother’s apartment.

After he was released in July of 2001, Troy checked in with his probation officer. The officer informed him that he was required to be drug tested, and if he ever tested positive for drugs he would be sent back to prison.

Troy was also incarcerated three separate times in Tennessee:

• In Fayetteville, he spent 5 years in prison for selling cocaine in 1988.
• In 1992, he was incarcerated for burglary in Lincoln County.
• In 1993, he was incarcerated for 3 years for aggravated assault in Hickman County.

Troy was still on parole status from Tennessee when he committed the offenses on 09/11/01 in Florida.

Timeline

• 09/11/01 — Troy tested positive for cocaine on a scheduled drug test.
• 09/11/01 — After returning home, Brooks and Troy argued, and Troy left while Brooks was in the apartment.
• 09/11/01 — Troy visited a friend’s house multiple times and ingested cocaine.
• 09/12/01 — Troy returned to a friend’s house in the early hours; later that night he left and visited a friend of his mother, Traci Burchette, and attacked her with a 2x4 board.
• 09/12/01 — Troy encountered neighbor Karen Curry by pounding on her sliding glass door; Curry called police immediately.
• 09/12/01 — Bonnie Carroll’s body was found by her mother on the evening of September 12.
• 10/11/01 — Troy was indicted on the charges described in Trial Summary.
• 11/06/01 — A charge described in Trial Summary was presented as follows (Count IV attempted sexual battery).
• 01/23/04 — Troy was sentenced.
• 02/26/04 — Troy filed a direct appeal to the Florida Supreme Court.
• 04/18/07 — Troy filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 06/18/07 — The U.S. Supreme Court denied the petition.
• 10/19/06 — The Florida Supreme Court affirmed the convictions and sentences.
• 08/21/03 — The jury returned guilty verdicts on all counts of the indictment.
• 08/28/03 — The jury recommended death by a vote of 11-1.
• 08/01/03 — Count IV was indicted as follows (attempted sexual battery).

The offence

Attempted sexual battery and encounter with Karen Curry

A little after midnight, Troy had gone to the apartment of his neighbor, Karen Curry. He pounded on the sliding glass door of her apartment. She was startled and told him to leave. He complied and Curry immediately called the police to report what happened.

After Troy left Carroll’s apartment, the record describes his subsequent movements and the attack on Traci Burchette later on 09/12/01.

Bonnie Carroll murder and related conduct

Bonnie Carroll was a neighbor of Troy’s, and they were slight acquaintances.

The record states that Troy told his mother that Carroll gave him a ride to the store, and they went back to her apartment. Troy told his mother and Brooks that after he and Carroll got back to her apartment, they had drinks and smoked marijuana.

According to Troy, Carroll began bad-mouthing Brooks and an argument ensued, which turned physical. Troy tied Carroll up and gagged her. According to a confession to police, Troy tied Carroll up with electrical cords while in Carroll’s living room. The two began fighting, eventually ending up in the bedroom.

In the bedroom, Carroll agreed to have sex with Troy. Carroll freed her hands and again began fighting with Troy. Troy gagged her and then began stabbing her with broken glass and a knife. Troy thought Carroll was dead and left the room, only to hear movement in the bedroom. Troy then returned to the bedroom and cut her throat.

Troy’s DNA (including clothing and shoes covered in Carroll’s blood) and fingerprints at the scene confirmed Troy’s involvement in Carroll’s murder.

Medical and forensic details about Bonnie Carroll’s injuries

Carroll’s body was found by her mother on the evening of September 12.

Carroll died from:

• 44 stab wounds
• several blunt force injuries
• bruising to her face and head
• multiple defensive wounds (54 wounds in total)

Carroll also had:

• a piece of cloth in the back of her mouth
• a portion of cloth tied loosely around her neck

Although no semen was found in or on Carroll, she had two very small areas of vascular dilation on her external genitalia, indicating attempted sexual battery.

Attack on Traci Burchette and theft

On 09/12/01, after Troy left Carroll’s apartment, he went to visit a friend of his mother, Traci Burchette. He attacked her with a 2x4 board. He took her ATM card, a jar of coins, and her car. Burchette called police and was subsequently arrested and charged for the murder of Carroll and the attack on Burchette.

Investigation

• The record states that Troy made a confession to police, including details about how he tied Carroll up with electrical cords in Carroll’s living room.

Trial

Indictment and charges

The record describes:

• 10/11/01 — Indicted as follows:
  • Count I: First-Degree Murder
• 11/06/01 — Information presented as follows:
  • Count IV: Attempted Sexual Battery
• 08/01/03 — Indicted as follows:
  • Count II: Armed Burglary
  • Count III: Armed Robbery

Verdicts and penalty recommendation

• 08/21/03 — Jury returned guilty verdicts on all counts of the indictment.
• 08/28/03 — Jury recommended death by a vote of 11-1.

Sentencing

• 01/23/04 — Sentenced as follows:
  • Count I: First-Degree Murder — Death
  • Count II: Armed Burglary — Life
  • Count III: Armed Robbery — Life
  • Count IV: Attempted Sexual Battery — 30 Years
• Sentencing judge: The Honorable Lee E. Haworth

Trial attorneys

• Attorney, Trial: Adam Tebrugge – Assistant Public Defender
• Direct Appeal: Steven L. Bolotin – Assistant Public Defender
• Collateral Appeals: Robert Strain & David Gemmer – CCRC-M

Appeals

Direct appeal to Florida Supreme Court

• 02/26/04 — Troy filed a direct appeal to the Florida Supreme Court citing the following court errors:
  • denying voluntary intoxication to be admissible as a defense or used to show lack of intent
  • using insufficient circumstantial evidence to prove the charge of attempted sexual battery
  • failing to allow expressions of remorse or testimony regarding his remorse
  • allowing the introduction of a suppressed confession
  • excluding testimony from a witness
  • refusing to instruct the jury on the mitigating circumstance of psychological age
  • using an unconstitutional death penalty statue and procedure

U.S. Supreme Court

• Supreme Court.
• 06/18/07 — The U.S.

Other details

Offense dates and related prison supervision

A drug test was scheduled for the evening of 09/11/01. On that date, Troy tested positive for cocaine. His drug counselor told him to expect to be re-incarcerated soon.

The record describes that Brooks and Troy argued on 09/11/01, mainly about the amount of time it took him to get back from his test. Brooks confronted Troy when he returned, called him a liar, and angrily told him she was leaving. Troy convinced her to stay. Troy later said he was going to go for a walk around the apartment complex. Troy did not return after leaving Brooks for the last time.

Additional Florida incarceration and supervision entries

The record includes prior incarceration and community supervision history with repeated offense entries. It lists prior incarceration history in the State of Florida as follows:

• 05/11/90 — ROBB. GUN/DEADLY WPN; sentence length 4Y 6M 0D; ESCAMBIA; case no. 9002324; discharge date shown 07/18/90
• 05/10/90 — ROBB. 9002325; discharge date shown 07/18/90
• 05/11/90 — ROBB. GUN/DEADLY WPN; sentence length 4Y 6M 0D; SANTA ROSA; case no. 9000631; discharge date shown 12/11/90
• 05/10/90 — ROBB. 9002324; discharge date shown 04/08/97
• 05/11/90 — ROBB. 9002325; discharge date shown 04/08/97
• 06/05/97 — ROBB. GUN/DEADLY WPN