Anthony Wainwright

Case identification

Anthony Wainwright (DOB: 10/22/70) was tried in the Third Judicial Circuit, Hamilton County, Florida (Venue changed to Fourth Judicial Circuit, Clay County). The case was listed as Case #94-150-CF2.

Offence

Anthony Wainwright and Richard Hamilton escaped from a North Carolina prison, stole guns and a Cadillac, then traveled to Florida.

On 04/27/94, the car overheated in Lake City. At this point, Wainwright and Hamilton kidnapped Carmen Gayheart, a young mother of two, at gunpoint from a Winn-Dixie parking lot and stole her Ford Bronco.

After kidnapping and stealing Gayheart’s vehicle, the two men raped and strangled Gayheart and then shot her twice in the back of the head.

On 04/28/94, Wainwright and Hamilton were arrested in Mississippi after a shootout with police.

Upon capture, Wainwright admitted to authorities that after kidnapping and robbing Gayheart, he raped her, despite that fact that he has AIDS. Wainwright denied he was involved in the strangling and shooting of the victim.

Codefendant

Richard Hamilton was convicted of First-Degree Murder, Armed Robbery, Armed Kidnapping, and Armed Sexual Battery. Hamilton was sentenced to death for the murder of Carmen Gayheart and to life imprisonment on the other convictions.

Timeline

• 04/27/94 — Anthony Wainwright and Richard Hamilton escaped from a North Carolina prison, traveled to Florida, and after the car overheated in Lake City kidnapped Carmen Gayheart at gunpoint from a Winn-Dixie parking lot and stole her Ford Bronco.
• 04/28/94 — Wainwright and Hamilton were arrested in Mississippi after a shootout with police.
• 07/15/94 — Defendant indicted on the following charges: Count I: First-Degree Murder; Count II: Armed Robbery; Count III: Armed Kidnapping; Count IV: Armed Sexual Assault.
• 05/30/95 — The jury found the defendant guilty on all counts.
• 06/01/95 — Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty.
• 06/01/95 — Sentencing as follows: Count II: Armed Robbery - Life; Count III: Armed Kidnapping - Life; Count IV: Armed Sexual Assault - Life.
• 06/12/95 — Sentencing as follows: Count I: First-Degree Murder - Death.
• 07/10/95 — Anthony Wainwright filed a Direct Appeal in the Florida Supreme Court.
• 11/13/97 — The Florida Supreme Court affirmed Wainwright’s convictions and sentence of death.
• 03/16/98 — Wainwright filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 05/18/98 — The United States Supreme Court denied the petition.
• 05/14/99 — Wainwright filed a 3.850 Motion in the State Circuit Court.
• 04/19/02 — The 3.850 Motion was denied.
• 06/14/02 — Wainwright appealed the denial of the 3.850 Motion in the Florida Supreme Court.
• 11/24/04 — The Florida Supreme Court affirmed the denial of the Motion.
• 09/11/02 — Wainwright filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 11/24/04 — The petition was denied.
• 03/29/05 — Wainwright filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District.
• 03/13/06 — The petition was dismissed with prejudice.
• 05/31/05 — Wainwright filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 10/03/05 — The United States Supreme Court denied the petition.

Trial

Charges

• Count I: First-Degree Murder
• Count II: Armed Robbery
• Count III: Armed Kidnapping
• Count IV: Armed Sexual Assault

Verdict

On 05/30/95, the jury found Wainwright guilty on all counts.

Advisory sentencing and jury vote

On 06/01/95, upon advisory sentencing, the jury voted for the death penalty by a 12 to 0 majority.

Sentencing

• 06/01/95 — Count II: Armed Robbery — Life
• 06/01/95 — Count III: Armed Kidnapping — Life
• 06/01/95 — Count IV: Armed Sexual Assault — Life
• 06/12/95 — Count I: First-Degree Murder — Death

Trial judge

The Honorable E. Vernon Douglas was the sentencing judge.

Attorneys

• Trial attorneys: Clyde M. Taylor, Jr., Esq. & Sean Owens, Esq.
• Direct appeal attorney: Steven Seliger, Esq.
• Collateral appeals: Joseph Hobson

Investigation and arrest

After the kidnappings, rape, strangling, and shooting of Carmen Gayheart, Wainwright and Hamilton were arrested in Mississippi on 04/28/94 after a shootout with police.

After capture, Wainwright admitted that after kidnapping and robbing Gayheart, he raped her, despite that he had AIDS. He denied involvement in the strangling and shooting.

Direct appeal (Florida Supreme Court)

Wainwright filed a Direct Appeal on 07/10/95 in the Florida Supreme Court.

Issues raised

Wainwright argued that the trial court erred in admitting his post-arrest statements to police.

He also argued that the trial court erred by:

• admitting additional DNA evidence once the trial had begun;
• failing to establish corpus delecti for the sexual battery charge, making his confession inadmissible;
• sentencing him on his three non-capital felony convictions.

State agreement described in the appeal

The State agreed not to seek the death penalty if Wainwright could meet three criteria:

1. he did not contribute to Gayheart’s death,
2. he was truthful in his conversations with the police and,
3. he passed a polygraph test.

The court description included that Wainwright made a series of incriminating statements to police and ultimately admitted to sexually assaulting Gayheart. After consulting his attorney, Wainwright refused to take the polygraph exam and, after that, police had no further contact with him.

The Florida Supreme Court determined that no error occurred when the trial court refused to suppress these statements because Wainwright did not adhere to or meet the three criteria of the deal proposed by the State and, therefore, no agreement had been finalized.

Sentencing-form error and remedy

On the sentencing forms, the trial court checked the blanks requiring Wainwright to serve a 25-year mandatory minimum on each of the three counts and the blanks that allowed the trial court to retain jurisdiction.

The State agreed that this was error. The Florida Supreme Court ordered that the trial court’s sentencing order form be altered to reflect that no minimum-mandatory terms were imposed and that there was no retention of jurisdiction by the trial court.

Direct appeal outcome

The Florida Supreme Court affirmed Wainwright’s convictions and sentence of death on 11/13/97.

Certiorari to the United States Supreme Court

• 05/18/98 — The petition was denied.

State postconviction (3.850 motion)

Filing and claims

On 05/14/99, Wainwright filed a 3.850 Motion in the State Circuit Court.

He argued several issues, including that his trial counsel was ineffective regarding:

• the admission of additional DNA evidence;
• Wainwright’s statements and admissions;
• evidence of Wainwright’s out of state crimes;
• a microphone discovered in Wainwright’s cell.

He also argued trial counsel was ineffective for:

• failing to object to the prosectur’s argument at the guilt and penality phases;
• failing to maintain proper attorney-client relationship;
• failing to object to an error;
• failing to prepare for trial;
• introducing statements of the codefendent;
• committing an alleged discovery violation; and
• counsel’s illness during trial also rendered him ineffective.

He further contended that his initial counsel was ineffective in pretrial preparation.

Denial

The Motion was denied on 04/19/02.

Appeal and affirmance

Wainwright appealed the denial in the Florida Supreme Court on 06/14/02.

On 11/24/04, the Florida Supreme Court affirmed the denial.

State habeas corpus

Filing and claims

On 09/11/02, Wainwright filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.

He contended that:

• Florida’s capital sentencing scheme is unconstitutional; and
• error occurred in his counsel’s failure to raise an issue involving the felony murder jury instruction.

Outcome

On 11/24/04, the petition was denied.

Federal habeas corpus

On 03/29/05, Wainwright filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District.

The petition was dismissed with prejudice on 03/13/06.

Federal certiorari (second petition)

• 10/03/05 — The petition was denied.

Other details

• The case information included: “Florida Supreme Court opinion 86022 opinion SC02-1342 opinion SC07-2005 DC# 123847.”
• The circumstances of the offence included that Wainwright and Richard Hamilton escaped from a North Carolina prison and stole guns and a Cadillac before traveling to Florida.
• Carmen Gayheart was described as “a young mother of two.”
• The victim was raped, strangled, and then shot twice in the back of the head.
• The indictment year and the counts were presented under “Trial Summary.”