Post by CC on Jun 16, 2009 0:05:15 GMT -5
Prison fight over honey bun could lead to death sentence
By Stephen Hudak | Sentinel Staff Writer
June 15, 2009
TAVARES - The "honey bun" alibi failed.
State prisoner Raul Roque, already serving a life sentence for a South Florida killing, was convicted Friday of first-degree murder in the stabbing death of a fellow inmate at a Lake County prison.
Roque, who can be sentenced to death, claimed he killed Miguel Griffin in self-defense during a fight that erupted over a stolen sticky roll Feb. 5, 2006, at Lake Correctional Institution in south Lake.
The penalty phase of the trial is due to begin Tuesday.
"This wasn't a fair fight," Assistant State Attorney Bill Gross said, challenging Roque's sworn account of the killing to jurors late last week. "It was murder."
Gross said Roque's version defied logic. The prosecutor pointed out that Griffin, 36, who was younger and more physically fit and who supposedly attacked first, suffered 17 injuries, including more than 10 puncture or stab wounds, while Roque, 52, a paunchy smoker, had minor scrapes.
But Assistant Public Defender Morris Carranza outlined "mountains" of reasonable doubt for jurors, including the credibility of witnesses, many of whom were felons seeking a benefit for testifying.
Carranza said some witnesses hoped Gross would write persuasive letters that would make them look better in their own court cases or help them win transfers to prisons closer to their family and friends.
Griffin, who was serving the final days of a four-year prison sentence for cocaine possession, was pummeled and stabbed repeatedly in Roque's locked cell with a shank, a makeshift prison weapon.
Investigators said Griffin was lured into the cell by Roque and co-defendant Jeffrey Ferris, 51, who believed Griffin stole their shaving cream, cigarettes and other items, including a honey-bun pastry.
The cellmates were seething over the thefts from their "home."
Ferris is awaiting trial on first-degree murder charges.
Evidentiary rules prevented lawyers and witnesses from telling jurors that Roque was serving a life sentence for murder, but the panel knew that he had been convicted of more than 20 other crimes.
Roque, who speaks broken English, wore a coat and tie during the trial and sported a pair of earphones to listen to testimony and argument with the assistance of a translator.
The case was notable for a ruling by Lake Circuit Judge G. Richard Singeltary, who declared unconstitutional a state law forbidding employees of state agencies from doing business with "any country in the Western Hemisphere which lacks diplomatic relations with the United States" or with countries considered to be "terrorist states."
Carranza and Chief Assistant Public Defender Bill Stone, considered state employees, had asked the judge for permission to travel to the island to investigate Roque's childhood, mental health and scholastic histories.
Taxpayer funds would have paid for the lawyers' flights, meals and other expenses in Cuba.
Childhood experiences and mental-health records often are cited by defense lawyers arguing against a death sentence.
The lawyers say Roque, who lived in Cuba for 22 years, has a right to a thorough defense.
Despite the judge's ruling -- and an easing of federal travel restrictions to the island -- the lawyers were unable to win permission from Cuban officials for a visit to examine records and conduct interviews.
The lawyers said they were able to gather some records by mail and through phone interviews.
Roque, who arrived in the U.S. in 1980, was sentenced to prison in 1998 after he was found guilty of second-degree murder in the shooting of a man who sexually assaulted his pregnant girlfriend.
By Stephen Hudak | Sentinel Staff Writer
June 15, 2009
TAVARES - The "honey bun" alibi failed.
State prisoner Raul Roque, already serving a life sentence for a South Florida killing, was convicted Friday of first-degree murder in the stabbing death of a fellow inmate at a Lake County prison.
Roque, who can be sentenced to death, claimed he killed Miguel Griffin in self-defense during a fight that erupted over a stolen sticky roll Feb. 5, 2006, at Lake Correctional Institution in south Lake.
The penalty phase of the trial is due to begin Tuesday.
"This wasn't a fair fight," Assistant State Attorney Bill Gross said, challenging Roque's sworn account of the killing to jurors late last week. "It was murder."
Gross said Roque's version defied logic. The prosecutor pointed out that Griffin, 36, who was younger and more physically fit and who supposedly attacked first, suffered 17 injuries, including more than 10 puncture or stab wounds, while Roque, 52, a paunchy smoker, had minor scrapes.
But Assistant Public Defender Morris Carranza outlined "mountains" of reasonable doubt for jurors, including the credibility of witnesses, many of whom were felons seeking a benefit for testifying.
Carranza said some witnesses hoped Gross would write persuasive letters that would make them look better in their own court cases or help them win transfers to prisons closer to their family and friends.
Griffin, who was serving the final days of a four-year prison sentence for cocaine possession, was pummeled and stabbed repeatedly in Roque's locked cell with a shank, a makeshift prison weapon.
Investigators said Griffin was lured into the cell by Roque and co-defendant Jeffrey Ferris, 51, who believed Griffin stole their shaving cream, cigarettes and other items, including a honey-bun pastry.
The cellmates were seething over the thefts from their "home."
Ferris is awaiting trial on first-degree murder charges.
Evidentiary rules prevented lawyers and witnesses from telling jurors that Roque was serving a life sentence for murder, but the panel knew that he had been convicted of more than 20 other crimes.
Roque, who speaks broken English, wore a coat and tie during the trial and sported a pair of earphones to listen to testimony and argument with the assistance of a translator.
The case was notable for a ruling by Lake Circuit Judge G. Richard Singeltary, who declared unconstitutional a state law forbidding employees of state agencies from doing business with "any country in the Western Hemisphere which lacks diplomatic relations with the United States" or with countries considered to be "terrorist states."
Carranza and Chief Assistant Public Defender Bill Stone, considered state employees, had asked the judge for permission to travel to the island to investigate Roque's childhood, mental health and scholastic histories.
Taxpayer funds would have paid for the lawyers' flights, meals and other expenses in Cuba.
Childhood experiences and mental-health records often are cited by defense lawyers arguing against a death sentence.
The lawyers say Roque, who lived in Cuba for 22 years, has a right to a thorough defense.
Despite the judge's ruling -- and an easing of federal travel restrictions to the island -- the lawyers were unable to win permission from Cuban officials for a visit to examine records and conduct interviews.
The lawyers said they were able to gather some records by mail and through phone interviews.
Roque, who arrived in the U.S. in 1980, was sentenced to prison in 1998 after he was found guilty of second-degree murder in the shooting of a man who sexually assaulted his pregnant girlfriend.