Kenneth Watson

Background

Kenneth Watson was born on 02/23/63. He was tried in the Eleventh Judicial Circuit, Dade County, Case #88-38759.

The offence

On 10/31/88, Ella Hickman returned home and interrupted a burglary in progress. The assailant attacked Hickman and stabbed her six times with a long, sharp and slender object. One of the stab wounds severed her carotid artery, which resulted in extreme blood loss and ultimately caused her death.

Investigators linked forensic evidence at the crime scene to Kenneth Watson. He was charged with First-Degree Murder, Burglary with an Assault and Armed Robbery.

Trial

The defendant was indicted on the following charges:

• Count I: First-Degree Murder
• Count II: Armed Burglary with an Assault
• Count III: Armed Robbery

On 10/08/91, the jury found the defendant guilty on all counts charged in the indictment.

On 10/16/91, upon advisory sentencing, the jury, by a 10-2 majority, voted for the death penalty.

On 11/06/91, the defendant was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Armed Burglary with an Assault — Life
• Count III: Armed Robbery — Life

Sentencing Judge: The Honorable Juan Ramirez, Jr.

Attorneys:

• Trial: Herbert Smith & Patrick Nally — Assistant Public Defenders
• Direct Appeal: Robert Kalter — Assistant Public Defender
• Collateral Appeals: Rachael Day — CCRC-S

Appeals

On 12/30/91, Watson filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in denying his challenges for cause for two potential jurors and, as a result, he was forced to exhaust his peremptory challenges. Watson argued that he was on trial before “objectionable jurors.” Watson also contended that the trial court erred by denying his motion for additional peremptory challenges. The trial court did grant one additional challenge.

The Florida Supreme Court ruled, “When impartiality is compromised, a conviction must be reversed.” As such, the court reversed Watson’s convictions and sentence of death and remanded for a new trial.

A motion for rehearing was entertained and granted on 11/03/94. The Florida Supreme Court withdrew its previous opinion and substituted it with a revised opinion, which affirmed Watson’s convictions and sentence. After closer examination of trial court record and transcripts, the Florida Supreme Court noted that only one juror was potentially objectionable and could have been removed from the jury with the additional peremptory granted by the trial court. The Florida Supreme Court found no merit to any other issue raised by Watson in his Direct Appeal.

On 06/19/95, Watson filed a Petition for Writ of Certiorari with the United States Supreme Court; it was subsequently denied on 10/02/95.

Watson filed a 3.850 Motion in the State Circuit Court which was granted on 10/02/03. The case was remanded for resentencing. The State appealed that decision in the Florida Supreme Court on 11/10/03. Watson also filed a Cross Appeal.

Outcome

Watson was sentenced to death on November 6, 1991, and his convictions and sentence were affirmed by the Florida Supreme Court in its revised opinion after rehearing.