Manuel Valle

Case information

Manuel Valle was sentenced to death for the 1978 murder of Officer Louis Pena of the Coral Gables Police Department, and he was executed by lethal injection in Florida on September 28, 2011. He was also convicted of attempted first-degree murder involving Officer Gary Spell and possession of a firearm by a convicted felon.

Timeline

• 05/21/50 — Manuel Valle was born.
• 05/16/78 — Valle’s initial receipt date.
• 04/02/78 — Officer Louis Pena stopped Valle and a companion for a traffic violation while Pena was on patrol.
• 04/13/78 — Valle was indicted on Count I (First-Degree Murder), Count II (Attempted First-Degree Murder), Count III (Possession of a Firearm/Convicted Felon), and Count IV (Grand Theft Auto).
• 05/10/78 — Valle was convicted by the jury on Counts I, II, and III; the jury voted by majority for the death penalty on advisory sentencing.
• 05/10/78 — In Trial I sentencing, Valle received: Count I (First-Degree Murder) death, Count II (Attempted First-Degree Murder) 30 years, and Count III (Possession of a Firearm/Convicted Felon) 15 years.
• 04/25/78 — Valle received a five-year prison sentence for Forgery / Uttering (2 Counts) (County: Miami; Case No.: 7109555).
• 05/12/78 — Valle received a five-year prison sentence for Grand Theft Notor Vehicle (County: Miami; Case No.: 7805281).
• 05/12/78 — Valle received a death sentence and also received a 30-year sentence for Attempted Murder and 5 years for Possession of Illegal Weapon (County: Miami; Case No.: 7805281).
• 07/07/78 — Valle filed a Direct Appeal in the Florida Supreme Court.
• 04/02/81 — The Florida Supreme Court reversed Valle’s convictions and sentence and remanded for a new trial (as stated that the Florida Supreme Court reversed in 1981).
• 07/31/81 — Trial II resulted in Valle’s conviction on all counts charged in the indictment.
• 08/01/81 — In Trial II advisory sentencing, the jury voted 9 to 3 for the death penalty.
• 08/04/81 — In Trial II sentencing, Valle received: Count I death, Count II 30 years, and Count III 5 years.
• 01/05/87 — The Florida Supreme Court remanded for resentencing before a new jury.
• 02/29/88 — The new jury voted 8 to 4 for the death penalty in advisory sentencing.
• 03/16/88 — Valle was resentenced to death for Count I, with Count II set at 30 years and Count III set at 5 years.
• 05/02/91 — The Florida Supreme Court affirmed Valle’s death sentence.
• 12/02/91 — The United States Supreme Court denied Valle’s Petition for Writ of Certiorari.
• 12/31/01 — Valle filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 08/29/02 — The Florida Supreme Court denied that habeas petition.
• 02/19/03 — Valle filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 06/24/03 — The Florida Supreme Court denied that habeas petition.
• 10/15/03 — Rehearing was denied.
• 02/21/03 — Valle filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District.
• 09/13/05 — The federal petition was denied.
• 01/13/04 — Valle filed a Petition for Writ of Certiorari with the United States Supreme Court.
• 03/29/04 — That petition was denied.
• 10/11/05 — Valle filed a Habeas Appeal in the United States Court of Appeals, 11th Circuit.
• 08/11/06 — The USCA affirmed the denial of Valle’s Petition of Writ of Habeas Corpus.
• 09/28/11 — Valle was executed by lethal injection in Florida.

The offence

On April 2, 1978, Officer Louis Pena of the Coral Gables Police Department was on patrol when he stopped Manuel Valle and a companion for a traffic violation. Officer Gary Spell of the Coral Gables Police Department witnessed the events.

Officer Spell testified that when he arrived at the scene, Valle was sitting in the patrol car with Officer Pena. Shortly thereafter, Spell heard Pena use his radio to run a license check on the car Valle was driving. Spell testified that Valle walked back to his car and reached into it, approached Officer Pena, and fired a single shot at him, which resulted in Pena’s death. Spell testified that Valle then fired two shots at Spell before fleeing the scene. Spell survived because he was protected by his bulletproof vest.

Valle was picked up two days later in Deerfield Beach.

Valle was found guilty of:

• first-degree murder of Officer Louis Pena,
• attempted first-degree murder involving Officer Gary Spell, and
• possession of a firearm by a convicted felon.

Investigation and arrest

Valle was arrested and the Deerfield Beach Police Department contacted a public defender who spoke with Valle on the telephone. Later, when interrogating officers arrived to conduct an interview, Valle stated that he had spoken with an attorney and that she had advised him not to sign anything nor to answer any questions.

Valle’s defense litigated the admissibility of his confession, including claims involving Miranda rights.

Trial

Trial I

At Trial I, Valle was indicted on April 13, 1978. Valle was arraigned by the trial court of Dade County, 11th Circuit on April 14, 1978, and he stood mute, entering no plea. Valle later pled guilty to Count IV (Grand Theft Auto) and received a five-year sentence.

On May 10, 1978, the jury found Valle guilty on Counts I, II, and III. On advisory sentencing at Trial I, the jury voted by majority for the death penalty.

At Trial I sentencing:

• Count I (First-Degree Murder) — death
• Count II (Attempted First-Degree Murder) — 30 years
• Count III (Possession of a Firearm/Convicted Felon) — 15 years

Trial II

After remand, Trial II occurred. On July 31, 1981, Valle was convicted on all counts charged in the indictment. On August 1, 1981, advisory sentencing resulted in the jury voting 9 to 3 for the death penalty. On August 4, 1981, Trial II sentencing was imposed:

• Count III (Possession of a Firearm/Convicted Felon) — 5 years

Resentencing

On January 5, 1987, the Florida Supreme Court remanded for resentencing before a new jury. On February 29, 1988, advisory sentencing resulted in the new jury voting 8 to 4 for the death penalty. On March 16, 1988, Valle was resentenced:

Sentencing

Valle received a death sentence for the first-degree murder of Officer Louis Pena. At Trial I, the advisory penalty vote was by majority; at Trial II, it was 9 to 3; and at resentencing, it was 8 to 4.

At resentencing, the trial court found five aggravating factors, with certain factors merged:

• Valle had been previously convicted of another violent felony,
• the murder was of a law enforcement officer,
• the murder was for the purpose of avoiding lawful arrest,
• the murder hindered the enforcement of laws,
• and the murder was cold, calculated, and premeditated.

The judge merged factors 2, 3, and 4, treating them as only one aggravating factor.

The judge did not find any mitigation in the resentencing record described for those proceedings.

Appeals

Florida Supreme Court decisions

• In Valle v. State, 394 So.2d 1004 (Fla. 1981), the Florida Supreme Court reversed Valle’s convictions and sentence and remanded for a new trial (Direct Appeal-Reversed).
• In Valle v. State, 474 So.2d 796 (Fla. 1985), the Florida Supreme Court affirmed Valle’s conviction and death sentence (Direct Appeal-Affirmed).
• In Valle v. State, 581 So.2d 40 (Fla. 1991), the Florida Supreme Court affirmed (Direct Appeal-Affirmed).
• In Valle v. State, 778 So.2d 960 (Fla. 2001), the Florida Supreme Court addressed postconviction relief under Florida Rule of Criminal Procedure 3.850 (PCR) and affirmed the denial after evidentiary proceedings.
• In Valle v. Secretary, 459 F.3d 1206 (11th Cir. 2006) (federal court of appeals), the Eleventh Circuit affirmed the denial of habeas relief.

U.S. Supreme Court

• The United States Supreme Court granted certiorari in connection with Valle’s death sentence and vacated the death sentence, remanding for further consideration under Skipper v. South Carolina.
• Valle’s Petition for Writ of Certiorari to the United States Supreme Court was denied in 12/02/91.

Outcome

Manuel Valle was executed by lethal injection in Florida on September 28, 2011.

Aftermath and incarceration details

Valle spent 33 years awaiting execution. He served a lengthy term on death row prior to his execution.

He was incarcerated at Florida State Prison with current custody described as maximum and current release date described as death sentence.

The record also included a prison sentence history reflecting multiple offenses and sentences, including forgery/uttering (2 counts), grand theft of a notor vehicle, first-degree murder, attempted murder, and possession of an illegal weapon.

Other details

Names and identifiers

• Name: Manuel Valle
• Aliases: EMANUEL VALLE, MANUEL VALLE, MANUEL A VALLE, MANUEL ADRIANO VALLE
• DOC#: 853220
• Race: HISPANIC
• Sex: MALE
• Hair Color: BLACK
• Eye Color: BLACK
• Height: 6'00''
• Weight: 142 lbs.
• Current Facility: FLORIDA STATE PRISON
• Current Custody: MAXIMUM
• Current Release Date: DEATH SENTENCE
• Immigration and Naturalization Services in Miami placed a detainer on Manuel Valle.

Prior case associate details

Codefendant information included:

• Felix Ruiz was charged as an accessory after the fact and was sentenced to 10 years’ imprisonment on 06/20/78.

Sentencing judge names (as listed)

• Sentencing Judge, Trial I: The Honorable Ellen J. Morphonios
• Sentencing Judge, Trial II: The Honorable James R. Jorgenson
• Sentencing Judge, Resentencing: The Honorable Norman S. Gerstein

Attorneys (as listed)

• Attorneys, Criminal Trial I: David Goodhart, Esq. and Vance Carr, Esq.
• Attorneys, Criminal Trial II: Elliot Scherker and Leonard Rosenbaum – Assistant Public Defenders
• Attorneys, Resentencing: Michael Zelman, Esq. and Elliot Scherker – Assistant Public Defenders
• Direct Appeal I: Elliot Scherker and Karen Gottlieb – Assistant Public Defenders Attorney
• Direct Appeal II: Michael Zelman, Esq. Attorneys
• Direct Appeal, Resentencing: Louis Jepeway, Esq. and Michael Mello, Esq.
• Attorney, Collateral Appeals: Suzanne Myers – CCRC-S

Final meal and final words (as listed)

• Final Meal: Fried chicken breast, white rice, garlic toast, peach cobbler and a Coca-Cola.
• Final Words: None.

Officer and family details from the described events

Officer Louis Pena was the victim and was killed during the traffic stop on April 2, 1978. Officer Gary Spell survived and testified against Valle in court.

The described execution reporting identified Pena’s daughters as Jeneane Skeen and Lisa Pena, and noted that Jeneane Skeen was 13 when her father was killed.