Florida DOC data - Angel Diaz

http://www.floridacapitalcases.state.fl.us/case_updates/101061.doc

http://www.angel-diaz.us/legal/101061.doc


The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.



DIAZ, Angel (H/M)

AKA: Papo, Emilio Baez

DC# 101061

DOB: 08/31/51



Eleventh Judicial Circuit, Dade County Case # 83-18931-B

Sentencing Judge: The Honorable Amy Steele Donner

Attorney, Trial: Robert Lamons – Private

Attorney, Direct Appeal: Helen Ann Hauser – Private

Attorney, Collateral Appeals: Todd Scher – CCRC-S



Date of Offense: 12/29/79

Date of Sentence: 01/24/86



Circumstances of Offense:



On 12/29/79, three Spanish-speaking men robbed the Velvet Swing Lounge in Miami, Florida, and one of the men killed the bar manager. No one actually witnessed the shooting, as a majority of the patrons and employees had been confined to a restroom in the bar. A dancer hiding under the bar did not see who fired the gunshots.



Angel “Sammy” Toro and Angel Diaz were charged with the crime. The third man, known as “Willie,” was never identified.



At trial, an acquaintance of Diaz and Toro testified that on the night of December 29, 1979, Diaz told her that Angel Toro shot a man during a robbery. However, a man who occupied the neighboring cell during Diaz's pre-trial incarceration testified that Diaz indicated that he shot the victim.



At trial, Diaz conducted his own defense, with the aid of counsel.





Codefendant Information



Angel Toro was sentenced to life imprisonment for the crimes.





Additional Information:



Angel Diaz was convicted of Armed Robbery in Puerto Rico and was sentenced to 5-8 years in prison on 11/05/75. While incarcerated and participating in a drug rehabilitation program, Diaz was charged and convicted of Second-Degree Murder and was sentenced to 10-15 years in prison on 09/06/78. On 09/19/79, Diaz escaped from custody and fled to Dade County, Florida.





Trial Summary:



01/25/84 Indicted as follows:

Count I First-Degree Murder

Counts II, IV-VII Armed Robbery

Count III Attempted Armed Robbery

Counts VIII-XIII Kidnapping

Count XIV Possessing a Firearm During a Felony

12/18/85 State nolle prosequied Counts II, VI, XII, and XIII

12/21/85 Jury acquitted on Count V, but returned guilty verdicts on Counts I, III,

IV, VII-XI, and XIV

01/03/86 Jury recommended a death sentence by a vote of 8-4.

01/24/86 Sentenced as follows:

Count I First-Degree Murder – Death

Counts III-IV Armed Robbery – 134 years each (268 total)

Count VII Attempted Armed Robbery – 15 years

Counts VIII-XI Kidnapping – 134 years (536 total)

Count XIV Possessing a Firearm During a Felony –

15 years





Appeal Summary:



Florida Supreme Court – Direct Appeal

FSC# 68,493

513 So.2d 1045



03/24/86 Appeal filed

10/08/87 FSC affirmed convictions and sentences

11/09/87 Mandate issued



U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 87-6044

484 U.S. 1079



12/04/87 Petition filed

02/22/88 USSC denied Petition





Circuit Court – 3.850 Motion

CC# 83-18931-B



10/24/89 Motion filed

01/28/93 Circuit Court denied Motion



Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 74,927

719 So.2d 865



10/26/89 Petition for Writ of Habeas Corpus filed

06/11/98 FSC denied Petition

10/01/98 Rehearing denied

12/30/98 Mandate issued



Florida Supreme Court – 3.850 Motion Appeal

FSC# 81,584

719 So.2d 865



04/14/93 3.850 Appeal filed

06/11/98 FSC affirmed denial of 3.850 Motion

10/01/98 Rehearing denied

12/30/98 Mandate issued



U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 98-8323

526 U.S. 1100



03/01/99 Petition filed

05/03/99 USSC denied Petition



U.S. District Court, Southern District – Petition for Writ of Habeas Corpus

USDC# 99-3215



11/24/99 Petition filed

02/19/02 Amended Petition filed

01/23/04 USDC denied Petition



Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 00-1782

797 So.2d 585



06/20/00 Petition filed

07/05/01 FSC denied Petition





Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 03-234

869 So.2d 538



02/11/03 Petition filed

10/28/03 FSC denied Petition

02/26/04 Rehearing denied



U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 03-10865

543 U.S. 854



05/26/04 Petition filed

10/04/04 USSC denied Petition



U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 04-12795

402 F.3d 1136



05/28/04 Appeal filed

03/14/05 USCA affirmed denial of Petition

05/23/05 Mandate issued



U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 05-6800



10/03/05 Petition filed

12/05/05 USSC denied Petition





Death Warrant Information:



08/29/89 Governor Bob Martinez signed a death warrant

10/26/89 FSC granted a stay of execution





Clemency Hearing:



06/23/88 Clemency hearing held (denied).







Factors Contributing to the Delay in Imposition of Sentence:



Two filings have contributed to the delay – the 3.850 Motion that was pending from 10/24/89 – 01/28/93 and the Federal Petition for Writ of Habeas Corpus that was pending from 11/24/99 – 01/23/04. However, the most substantial contribution to the delay arises from the Petition for Writ of Habeas Corpus that was pending from 10/26/89 – 06/11/98 and the 3.850 Appeal that was pending from 04/14/93 – 06/11/98. The disposition of these cases was delayed by complicated legal issues and three separate requests to supplement information contained in Diaz’s initial briefs.





Case Information:



Diaz filed a Direct Appeal with the Florida Supreme Court on 03/24/86, citing the following trial court errors: denial of motion for continuance; excusal of two jurors for cause; security measures that biased the jury against Diaz; allowance of Diaz to proceed pro se; the death penalty is cruel and unusual punishment; failure to instruct the jury on intent; improper finding of the great risk to many persons aggravating circumstance; and disproportionate sentencing due to insufficient evidence and the lighter sentence received by a codefendant. The FSC affirmed Diaz’s convictions and sentences on 10/08/87.



Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/04/87 that was denied on 02/22/88.



Diaz filed a 3.850 Motion with the circuit court on 10/24/89 that was denied on 01/28/93.



Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/26/89, citing eighteen trial-related issues. Diaz also filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/14/93, citing twenty-five trial-related issues. These cases were consolidated for decision, and the FSC denied the Habeas Petition and affirmed the trial court’s denial of the 3.850 Motion on 06/11/98.



Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/01/99 that was denied on 05/03/99.



Diaz filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 11/24/99 and amended the Petition on 02/19/02. The Petition was denied on 01/23/04.



Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/20/00 that was denied on 07/05/01.



Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 02/11/03, citing claims raised in Ring v. Arizona. On 10/28/03, the FSC denied the Petition.



Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/26/04 that was denied on 10/04/04.

Diaz filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, on 05/28/04. On 03/14/05, the USCA affirmed the denial of the Petition.



Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/03/05 that was denied on 12/05/05.





Institutional Adjustment:



THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.



DATE DAYS VIOLATION LOCATION



11/05/86 360 ASSAULTS OR ATTEMPT FLORIDA STATE PRISON

09/07/87 30 DISOBEYING ORDER FLORIDA STATE PRISON

03/09/88 0 POSS OF CONTRABAND FLORIDA STATE PRISON

11/28/89 30 DISOBEYING ORDER FLORIDA STATE PRISON

08/12/91 10 DISORDERLY CONDUCT FLORIDA STATE PRISON

04/21/97 0 FIGHTING UNION C. I.

05/04/97 0 POSS OF CONTRABAND UNION C. I.

07/14/97 0 UNARMED ASSAULT UNION C.I.-MED.FAC.

09/24/00 0 DEFACING STATE PROP. UNION C. I.





Report Date: 04/30/03 JFL

Approved: 05/12/03 WS

Updated: 07/05/06 JFL