Michael Duane Zack

Case overview

Michael Duane Zack was convicted and sentenced to death for the 06/13/96 murder of Ravonne Smith. He was also convicted of robbery with a firearm and sexual battery. Zack was later found guilty of the sexual battery and robbery charges at trial.

People

• Michael Duane Zack — defendant
• Ravonne Smith — victim; one of the bar’s employees
• Russell Williams — friend of Ravonne Smith
• Edith Pope — bartender; Zack became a regular at the bar and befriended her; she gave Zack odd jobs
• Bobby Chandler — owned a local construction business; hired Zack to work; offered him to stay temporarily
• Laura Rosillo — victim; Zack was convicted in Okaloosa County for her murder
• James V. Crosby, Jr. — respondent in Docket #SC04-201
• Joseph Q. Tarbuck — sentencing judge
• Elton William Killam — attorney, trial; Assistant Public Defender
• David A. Davis — attorney, direct appeal; Assistant Public Defender
• Linda McDermott — attorney, collateral appeals; Private

Timeline

• 06/13/96 — Date of offense: murder of Ravonne Smith
• 06/04/96 — Zack’s girlfriend called him at the bar and informed him that he was being evicted from her apartment; Pope let Zack borrow her car to retrieve his personal belongings and he never returned
• 06/11/96 — Zack left Chandler’s home in the middle of the night, stealing a couple of guns and $42 from Chandler’s wallet
• 06/25/96 — The defendant was indicted on the following charges (Count I First-Degree Murder (Ravonne Smith); Count II Robbery with a Firearm; Count III Sexual Battery)
• 09/15/97 — The jury found the defendant guilty of all counts charged in the indictment
• 10/17/97 — The jury, by an 11 to 1 majority, voted for the imposition of the death
• 11/24/97 — Sentencing: Count I Death; Count II Life; Count III Life
• 12/29/97 — Zack filed a Direct Appeal in the Florida Supreme Court
• 01/06/00 — The Florida Supreme Court affirmed Zack’s convictions and sentence of death
• 06/19/00 — Zack filed a Petition for Writ of Certiorari in the United States Supreme Court
• 10/02/00 — The petition was denied
• 05/10/02 — Zack filed a 3.850 Motion in the State Circuit Court
• 10/21/02 — The motion was amended
• 07/15/03 — The 3.850 motion was denied
• 08/08/03 — Zack filed a 3.850 Appeal to the Florida Supreme Court
• 07/07/05 — The Florida Supreme Court affirmed the denial of Zack’s 3.850 Motion; also denied Zack’s petition on his habeas corpus claims filed in the Florida Supreme Court on 02/12/04
• 02/12/04 — Zack filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court
• 12/01/04 — Zack filed a 3.851 Motion for mental retardation to the state circuit court
• 01/18/05 — The 3.851 motion was dismissed with prejudice
• 03/04/05 — Zack filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court
• 10/06/05 — The FSC denied Zack’s petition based on Chandler v. Crosby
• 03/18/05 — Zack filed a 3.203 Appeal in the Florida Supreme Court; the appeal is currently pending
• 07/07/05 — The Florida Supreme Court affirmed the denial of Zack’s 3.850 Motion
• 07/07/05 — Denial of Zack’s petition filed on 02/12/04 in the Florida Supreme Court
• 07/07/05 — Docket #SC04-201: 911 So. 2d 1190; July 7, 2005
• 09/28/05 — Zack filed a Petition for Writ of Habeas Corpus in the United States District Court, North District; the petition is currently pending
• Crosby

Background

Michael Zack resided in Tallahassee, Florida prior to the murder of Ravonne Smith. Zack became a regular at a local bar and befriended the bartender, Edith Pope. Through various conversations, Zack revealed that he witnessed his sister murder his mother with an axe. Pope gave Zack odd jobs to do around the bar.

Zack drove west to Panama City after borrowing Pope’s car and met and befriended Bobby Chandler at a local bar. Chandler owned a local construction business and hired Zack to work for him. When Chandler discovered that Zack was living out of his car (Pope’s stolen Honda), Chandler offered to let Zack stay with him temporarily.

The offence

Murder of Laura Rosillo and associated events

Zack attacked Laura Rosillo after he met her at a bar in Okaloosa County and then left the bar with her, heading to the beach to reportedly do drugs. At the beach, Zack attacked Rosillo: he hit her head against one of the tires and tore her clothing. Zack strangled her and hid her body behind a sand dune, kicking dirt over her face before he left.

The physical evidence suggested that Rosillo was sexually assaulted; however, the semen found in her body could not be linked to Zack. Zack proceeded to Joe’s Dirty Bar near Pensacola.

Zack was convicted in Okaloosa County for the murder of Laura Rosillo. He was sentenced to life.

Crimes prior to Ravonne Smith’s murder

On 06/11/96, Zack left Chandler’s home in the middle of the night, stealing a couple of guns and $42 from Chandler’s wallet. Zack pawned the guns in Niceville the following day.

After Zack pawned the guns, he drove to Okaloosa County and stopped at another bar where he met Laura Rosillo.

That night, Zack removed the license plate and some personal belongings from Pope’s stolen Honda and abandoned it in a lot nearby.

Murder of Ravonne Smith, robbery with a firearm, and sexual battery

At Joe’s Dirty Bar, Zack met Ravonne Smith, one of the bar’s employees. The bar was not too busy that afternoon, allowing Smith the opportunity to spend her time visiting with Zack. Smith called her friend Russell Williams and asked him to come to the bar because she was bored. Around 7 p.m., Smith, Williams, and Zack left the bar together.

Prior to leaving, Smith called her live-in boyfriend and told him that she would be working late. The three drove to the beach where they smoked marijuana and then later returned to the bar. After Williams departed, Zack and Smith proceeded to her house.

Immediately after entering the house, Zack hit Smith over the head with a beer bottle. Glass shards and blood splatter sprayed onto the interior of the door frame and the adjacent loveseat. Smith ran down the hall to the master bedroom, leaving a trail of blood behind her. Zack followed her into the bedroom and sexually assaulted her there.

Smith then staggered into the guest bedroom. Upon seeing this, Zack smashed her head down onto the wooden floor. Zack retrieved an oyster knife from the kitchen, returned to the guest bedroom where Smith lay, and stabbed her four times in the chest.

Zack took the knife back to the kitchen to wash the blood off of it and stuffed Smith’s bloody clothes into a dresser drawer. Zack stole Smith’s car, along with her television, VCR and purse.

Zack drove back to Panama City in Smith’s car and attempted to pawn several of the stolen items. The shop clerk suspected that the goods were stolen and asked Zack for identification. Zack fled the shop and abandoned Smith’s car.

Attempts to monetize stolen property and apprehension

Zack attempted to pawn stolen items after returning to Panama City. When the shop clerk suspected the goods were stolen and asked for identification, Zack fled the shop and abandoned Smith’s car.

Zack was apprehended a few days later when he was found hiding out in an empty house.

After his arrest, Zack confessed to the murder of Ravonne Smith and to the Pope and Chandler thefts.

Investigation and evidence

Trial

Charges and indictment

On 06/25/96, the defendant was indicted on the following charges:

• Count I: First-Degree Murder (Ravonne Smith)
• Count II: Robbery with a Firearm
• Count III: Sexual Battery

Verdict

On 09/15/97, the jury found the defendant guilty of all counts charged in the indictment.

Death recommendation

On 10/17/97, the jury, by an 11 to 1 majority, voted for the imposition of the death.

Sentencing

On 11/24/97, the defendant was sentenced as follows:

• Count I: First-Degree Murder (Ravonne Smith) — Death
• Count II: Robbery with a Firearm — Life
• Count III: Sexual Battery — Life

Sentencing Judge: The Honorable Joseph Q. Tarbuck.

Appeals

Direct appeal (Florida Supreme Court)

Zack filed a Direct Appeal in the Florida Supreme Court on 12/29/97. He argued that the trial court erred in admitting evidence of the crimes he committed during the weeks prior to Smith’s murder in violation of the Williams v. State. Zack contended that “these crimes were not sufficiently similar to the crimes charged, did not prove intent or disprove involuntary intoxication, were not inextricably intertwined, and became a feature of the trial.”

The Florida Supreme Court found no error in the admission of the evidence in question.

Zack also contended that the trial court erred in denying his motion for acquittal on the sexual battery and robbery charges.

Zack next argued that the State failed to prove the “avoid arrest” aggravating factor. The Florida Supreme Court agreed, but found the error to be harmless in lieu of the weight of other valid, proven aggravators.

Zack also argued that the “felony probation” aggravating factor could not be retroactively applied to him, noting that it was in October of 1996 that the Florida Legislature amended the statute, making the commission of a murder by a defendant on felony probation an aggravating factor. The Florida Supreme Court agreed, but found the error to be harmless beyond a reasonable doubt.

As such, the Florida Supreme Court affirmed Zack’s convictions and sentence of death on 01/06/00.

United States Supreme Court

Zack filed a Petition for Writ of Certiorari in the United States Supreme Court on 06/19/00. The petition was denied on 10/02/00.

3.850 postconviction motion and appeal (Florida Supreme Court)

Zack filed a 3.850 Motion in the State Circuit Court on 05/10/02. The motion was amended on 10/21/02 and denied on 07/15/03.

Zack filed a 3.850 Appeal to the Florida Supreme Court on 08/08/03. He raised six issues for review:

• The trial counsel was ineffective for failing to challenge the DNA testimony presented by the State.
• Counsel was ineffective since he failed to prepare him to testify at trial.
• Counsel was ineffective because he made prejudicial comments to the jury.
• The trial court erred in denying claims raised in his motion for postconviction relief.
• Florida’s sentencing scheme is unconstitutional under Ring.
• Collateral counsel was ineffective.

The court denied all six claims.

On 07/07/05, the Florida Supreme Court affirmed the denial of Zack’s 3.850 Motion.

Florida habeas corpus petition (February 2004 filing; July 2005 denial)

Zack filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 02/12/04. In his petition, Zack argued that appellate counsel was ineffective for neglecting to raise a claim about the State’s racially motivated peremptory challenge during jury selection and should have also argued that the prosecutor made impermissible arguments to the jury.

He also argued that the State introduced nonstautory aggravating factors in court and that appellate counsel was ineffective for neglecting to raise a claim on appeal about admitting certain crime scene photos as evidence and for neglecting to raise a claim that the trial court erroneously admitted irrelevant and prejudicial evidence to the court such as evidence on other crimes Zack committed.

The court denied all six of Zack’s claims, denying his petition on 07/07/05.

3.851 motion for mental retardation (dismissed with prejudice)

On 12/01/04, Zack filed a 3.851 Motion for mental retardation to the state circuit court. On 01/18/05, the motion was dismissed with prejudice.

Florida habeas corpus petition (March 2005 filing; October 2005 denial)

On 03/04/05, Zack filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court. The FSC denied Zack’s petition on 10/06/05 based on Chandler v. Crosby.

3.203 appeal in Florida Supreme Court (pending)

Zack filed a 3.203 Appeal in the Florida Supreme Court on 03/18/05. The appeal is currently pending.

Federal habeas corpus petition (pending)

On 09/28/05, Zack filed a Petition for Writ of Habeas Corpus in the United States District Court, North District. The petition is currently pending.

Other details

Defense arguments

At trial, Zack’s defense counsel argued that Zack suffers from fetal alcohol syndrome and posttraumatic stress disorder which are classified as a brain dysfunction and a mental impairment respectively. These conditions have been claimed to make Zack impulsive and cause him to be under constant emotional and mental distress.

Confession

Case information

• DOB: 12/14/68
• First Judicial Circuit, Escambia County
• Case #96-2517
• Tarbuck
• Trial Attorney: Elton William Killam - Assistant Public Defender
• Direct Appeal Attorney: David A. Davis - Assistant Public Defender
• Collateral Appeals Attorney: Linda McDermott - Private
• Date of Offense: 06/13/96
• Date of Sentence: 11/24/ 97

Florida Supreme Court dockets and citations

• Docket #SC03-1374: 911 So. 2d 1190; July 7, 2005. Michael Duane Zack, Appellant, vs. State of Florida, Appellee.
• Docket #SC04-201: 911 So. 2d 1190; July 7, 2005. Michael Duane Zack, Petitioner, vs. James V. Crosby, Jr., etc., Respondent.
• Habeas corpus procedural actions listed for Docket #SC04-201 include: petition for writ of habeas corpus, amended response to petition for writ of habeas corpus, and reply to amended response to petition for writ of habeas corpus.