John Bruce Vining

Case identification

John Bruce Vining

Background

John Vining was convicted and sentenced to death for the murder of Georgia Caruso.

Vining (ID# 240545) was convicted of aggravated assault and kidnapping in Chatham County and received a 15-year sentence for each offense.

Vining was serving a sentence in the state of Georgia at the time an Orange County Sheriff’s Department detainer was issued.

The offence

In November 1987, Caruso advertised diamonds for sell. A man who identified himself as “George Williams,” but who was actually John Vining, came to Caruso’s fingernail care business on several days in November 1987 to discuss buying the diamonds.

Joann Ward, Caruso’s employee, was introduced to “George Williams,” and her description of “Williams” matched John Vining. On 11/17/87, Ward accompanied Caruso to meet Vining at the gem lab to have the jewelry appraised. Ward said that “Williams” was driving a black Cadillac Fleetwood, which was the same car that Vining’s mother drove. Ward ran errands while Caruso and Vining were at the gem lab.

Caruso introduced Ellen Zaffis and Kevin Donner, employees of Winter Park Gem Lab, to “Williams” aka Vining. Zaffis and Donner also gave descriptions of “Williams” that matched Ward’s description of “Williams.”

The diamond jewelry was appraised at $60,000. Caruso told Ward that she and “Williams” were going to the bank because he had decided to buy the jewelry. Ward went back to work alone. Ward and Zaffis remembered that Caruso was wearing a gold Rolex watch and several rings, including an anniversary ring, a solitaire engagement ring, and 6-carat diamond ring.

None of the jewelry was found with Caruso’s body.

Investigation

On 12/08/87, land surveyors discovered Caruso’s body in Apopka, FL. The body was identified as Caruso’s through dental records.

Caruso died from two gunshot wounds: one to the side of the face and the other to the temple.

The black Cadillac belonging to Vining’s mother was found burning shortly after the media announced the discovery of Caruso’s body.

On 05/05/89, the Orange County Sheriff’s Department issued a detainer against John Vining, who was currently in prison in the state of Georgia.

Arrest and charging

Vining was arrested on 09/01/89.

On 06/05/89, Vining was indicted in Florida for:

• Count I: First-Degree Murder (Georgia Caruso)
• Count II: Armed Robbery

Trial

On 02/01/90, Vining was found guilty for each count of the indictment.

On 03/08/90, upon advisory sentencing, the jury voted for the death penalty by an 11 to 1 majority.

Sentencing judge was The Honorable Joseph P. Baker.

Trial attorney was Patricia Cashman – Assistant Public Defender.

Direct appeal attorney was Larry B. Henderson – Assistant Public Defender.

Collateral appeals attorney was Terri Backhus – Private.

Sentencing

On 04/09/90, Vining was sentenced as follows:

• Count I: First-Degree Murder (Georgia Caruso) — Death
• Count II: Armed Robbery — Life

Appeals

Vining filed his Direct Appeal in the Florida Supreme Court on 04/27/90. The issues addressed included that the trial court erred in not granting the defendant’s motion to dismiss, allowing hypnotically-refreshed testimony, and restricting questioning by the defense.

Other issues addressed included that the trial court erred by allowing improper prosecutorial argument during the closing and mishandled aggravating and mitigating factors, and also claimed that the death penalty was not constitutional.

The Florida Supreme Court affirmed the conviction and sentence on 04/28/94 and did not find errors that warranted reversing the conviction or sentence.

Rehearing was denied on 06/23/94. A Mandate was issued on 07/25/94.

Vining filed a Petition for Writ of Certiorari on 09/21/94 with the United States Supreme Court. The petition was denied on 11/28/94.

Vining filed a 3.850 Motion on 03/26/96 with the circuit court. The motion was denied on 11/02/99.

Vining filed a 3.850 Appeal on 12/08/99 with the Florida Supreme Court. The issues addressed included that a Brady violation had occurred, Vining was denied effective assistance of counsel, and that the death penalty was unconstitutional.

The Florida Supreme Court affirmed the 3.850 Denial on 07/03/02. Rehearing was denied on 09/19/02. Mandate issued 10/21/02.

Vining filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/23/03. The petition was denied on 01/26/04. Rehearing was denied on 04/19/04.

On 07/19/04, Vining filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. The petition was currently pending.

Outcome

Vining was convicted of First-Degree Murder (Georgia Caruso) and Armed Robbery.

The Florida Supreme Court affirmed the conviction and sentence on 04/28/94.

Other details

• DOB: 03/13/31
• Date of offence: 11/17/87
• Case details included Florida Supreme Court Briefs and Opinions Docket #75915: John Bruce Vining, Appellant, vs. State of Florida, Appellee; 637 So. 2d 921; April 28, 1994.
• Case details included Docket #SC99-67: John Bruce Vining, Appellant, vs. State of Florida, Appellee; 827 So. 2d 201; July 3, 2002.
• A detainer was issued on 05/05/89 while Vining was in prison in Georgia.