Jason Dirk Walton

Case information

Name: Jason Dirk Walton Date of birth: 10/09/58 Court: Sixth Judicial Circuit, Pinellas County Case number: 83-630 Direct appeal (Florida Supreme Court): W.C. McLain – Assistant Public Defender; Douglas S. Connor – Assistant Public Defender (resentencing) Collateral appeals: William McKinley Hennis, III – CCRC-S

Timeline

• 06/18/82 — Eight-year-old Chris Fridella contacted police in the early morning hours of 06/18/82, notifying them that his father and two of his father’s friends had been shot.
• 06/17/82 — The four codefendants planned the robbery for over a week and, on the evening of 06/17/82, went to the Fridella residence.
• 01/20/83 — Defendant arrested.
• 01/27/83 — The defendant entered a plea of “not guilty.”
• 04/06/83 — Amended indictment filed: Count I First-Degree Murder (Gary Petersen); Count II First-Degree Murder (Bobby Martindale); Count III First-Degree Murder (Steven Fridella).
• 04/14/83 — The defendant pled “not guilty” to the charges alleged in the amended indictment.
• 02/09/84 — The jury found the defendant guilty on all counts charged on the indictment.
• 02/10/84 — Upon advisory sentencing, the jury, by a majority of 12 to 0, voted for the death penalty for the murder of Steven Fridella; the jury recommended the death penalty for the murders of Bobby Martindale and Gary Peterson by an 11 to 1 majority vote.
• 03/14/84 — The defendant was sentenced: Count I (Gary Petersen) death; Count II (Bobby Martindale) death; Count III (Steven Fridella) death.
• 12/19/85 — The Florida Supreme Court affirmed Walton’s convictions but remanded for resentencing because Walton never had the opportunity to confront two of his codefendants whose confessions were used against him during the penalty phase.
• 08/14/86 — At resentencing, the jury recommended the death penalty, by a 9 to 3 majority vote, on all three murder convictions.
• 08/29/86 — The defendant was resentenced: Count I (Gary Petersen) death; Count II (Bobby Martindale) death; Count III (Steven Fridella) death.
• 09/29/86 — Walton filed a Direct Appeal in the Florida Supreme Court.
• 06/29/89 — The Florida Supreme Court affirmed Walton’s sentences.
• 01/08/90 — The United States Supreme Court denied Walton’s Petition for Writ of Certiorari.
• 09/24/90 — Governor Bob Martinez signed a death warrant on Jason Walton and set the execution for 11/28/90.
• 10/24/90 — The Florida Supreme Court granted a Stay of Execution and ordered that post-conviction motions be filed by 12/15/90.
• 12/17/90 — Walton filed a 3.850 Motion in the State Circuit Court.
• 02/26/91 — The 3.850 Motion was denied.
• 10/03/90 — Walton filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 06/11/91 — Walton filed a 3.850 Motion in the Florida Supreme Court.
• 05/27/93 — The Florida Supreme Court issued a consolidated opinion that relinquished jurisdiction to the trial court to reconsider Walton’s public records request.
• 11/06/98 — Walton filed a third amended 3.850 Motion in the State Circuit Court.
• 01/11/01 — Walton’s third amended 3.850 Motion was denied.
• 03/08/01 — Walton’s original 3.850 Appeal and Petition for Writ of Habeas Corpus returned to the Florida Supreme Court for consideration.
• 02/27/03 — The Florida Supreme Court affirmed the denial of Walton’s 3.850 Motion and denied the Petition for Writ of Habeas Corpus.
• 05/29/03 — A revised opinion was issued; Walton’s Motion for Rehearing was denied.
• 06/30/03 — The mandate was issued.
• 06/25/03 — Walton filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 10/03/03 — The Florida Supreme Court denied that Petition for Writ of Habeas Corpus as successive.
• 09/29/04 — Walton filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District; the petition was pending.
• 02/10/06 — Walton filed a 3.851 Motion in the Circuit Court; it was pending.

Background

Six-year-old (eight-year-old per case details) Chris Fridella contacted police in the early morning hours of 06/18/82, notifying them that his father and two of his father’s friends had been shot.

Sentencing judge: The Honorable William L. Walker Resentencing judge: The Honorable Mark B. McGarry, Jr. Trial attorney: Donald O’Leary, Esq. Resentencing attorney: Donald O’Leary, Esq. Direct appeal attorney: W.C. McLain – Assistant Public Defender Resentencing attorney (direct appeal/resentencing representation): Douglas S. Connor – Assistant Public Defender

The offence

Walton’s statement described a planned robbery occurring on 06/17/82, after the codefendants planned the robbery for over a week.

When authorities arrived at the Fridella residence after Chris Fridella contacted police, they found Steven Fridella, Bobby Martindale, and Gary Petersen dead, lying face down on the floor with their hands bound behind them. The victims’ wallets had been rummaged through, and the house had been scoured in an apparent search for valuables.

Chris Fridella was bound and ushered into the bathroom, where he was left physically unharmed.

Walton searched the house for money and cocaine while Cooper and Royal guarded the captives. Walton claimed he ordered everyone to leave after one of the captives was able to identify him. Walton stated that he heard gunshots as he left the house.

Walton’s statement and the testimony of codefendant Richard Cooper described the sequence after Walton was identified:

• Walton pronounced that all three men must be shot after he was identified.
• Walton commanded Cooper and Royal to open fire on the captive men when his own gun misfired.
• Upon leaving the house, Walton told Cooper that one of the men was still alive, and Walton then ordered Cooper to return and shoot Fridella again.

Investigation

Approximately six months later, Robin Fridella, Steven Fridella’s ex-wife, furnished police with information that pointed to Jason Walton (who she was romantically involved with at the time) and his accomplices: Terry Van Royal, Richard Cooper, and Jeff McCoy.

During an interview, Walton confessed to the robbery, but denied actually shooting any of the victims.

Arrest

01/20/83 — Defendant arrested.

Trial

04/06/83 — Amended indictment filed:

• Count I: First-Degree Murder (Gary Petersen)
• Count II: First-Degree Murder (Bobby Martindale)
• Count III: First-Degree Murder (Steven Fridella)

02/10/84 — Upon advisory sentencing:

• For the murder of Steven Fridella, the jury voted for the death penalty by a majority of 12 to 0.
• For the murders of Bobby Martindale and Gary Peterson, the jury recommended the death penalty by an 11 to 1 majority vote.

Sentencing

03/14/84 — Defendant sentenced:

• Count I: First-Degree Murder (Gary Petersen) — Death
• Count II: First-Degree Murder (Bobby Martindale) — Death
• Count III: First-Degree Murder (Steven Fridella) — Death

08/29/86 — Defendant resentenced:

Appeals

On 04/02/84, Walton filed a Direct Appeal in the Florida Supreme Court. He argued that he was denied the right to confront witnesses against him during the penalty phase of his trial in violation of Engle v. State. He contended that his constitutional rights were violated because the confessions of his codefendants were presented during the penalty phase without them being available for cross-examination.

12/19/85 — The Florida Supreme Court affirmed the convictions and remanded Walton’s case to the trial court for a new penalty phase hearing.

Walton again sentenced to death on 08/29/86.

On 09/29/86, Walton filed a Direct Appeal in the Florida Supreme Court. Walton argued:

• The trial court erred in allowing a psychiatrist to testify regarding the condition of Chris Fridella, the eight-year old son of one of the victims, who was present during the murders.
  • The Florida Supreme Court agreed it was error to admit the testimony; however, it was harmless.
• The State improperly admitted evidence about his lack of remorse, which constituted a non-statutory aggravating circumstance.
• The trial court erred in permitting evidence of his alleged prior drug offenses, none of which resulted in convictions.

United States Supreme Court

Walton filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 01/08/90.

Death warrant and stay

State post-conviction

12/17/90 — Walton filed a 3.850 Motion in the State Circuit Court; it was denied on 02/26/91.

Walton also filed a Petition for Writ of Habeas Corpus and a 3.850 Motion in the Florida Supreme Court on 10/03/90 and 06/11/91, respectively. The Habeas and the 3.850 Appeal were examined together and, on 05/27/93, the Florida Supreme Court issued a consolidated opinion that relinquished jurisdiction to the trial court to reconsider Walton’s public records request.

Following the disclosure of requested public records, Walton filed a third amended 3.850 Motion in the State Circuit Court on 11/06/98. A limited evidentiary hearing was held on new claims raised from the disclosure of public records. The third amended 3.850 Motion was denied on 01/11/01.

Following that denial, Walton’s original 3.850 Appeal and Petition for Writ of Habeas Corpus returned to the Florida Supreme Court for consideration on 03/08/01. The Florida Supreme Court affirmed the denial of Walton’s 3.850 Motion and denied the Petition for Writ of Habeas Corpus on 02/27/03. Walton’s Motion for Rehearing was denied in light of a revised opinion issued on 05/29/03. The mandate was issued on 06/30/03.

Successive habeas petition

Walton filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court on 06/25/03, and it was denied as successive on 10/03/03.

Federal habeas petition

Walton filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District on 09/29/04; it was pending.

Codefendants

• Jeffrey McCoy pled guilty to all three counts of First-Degree Murder and agreed to testify at trial against his codefendants in exchange for life imprisonment.
• Terry Van Royal was convicted of all three counts of First-Degree Murder and received three death sentences for his part in the murders. The Florida Supreme Court affirmed Van Royal’s convictions but remanded for a new penalty phase, in which he was resentenced to life imprisonment.
• Richard Cooper was convicted of three counts of First-Degree Murder and received three death sentences.

Aftermath

Walton’s federal habeas petition in the United States District Court, Southern District was pending as of 09/29/04. Walton filed a 3.851 Motion in the Circuit Court on 02/10/06; it was pending.

Other details

Walton was convicted on all three counts of First-Degree Murder: