FL Supreme Court Will Not Set Aside Pinellas Death Sentence

Yesterday, the Florida Supreme Court upheld a Pinellas County trial court’s ruling not to set aside the death sentence of Martin Grossman.

Grossman’s appellate attorneys claimed he was entitled to a new hearing to determine whether his trial lawyer was ineffective for failing to have him examined by a competent mental health professional. According to the supreme court’s opinion, Grossman was examined, but the doctor said his testimony would not assist the defense.

Grossman’s lawyers also claimed the state’s death penalty statute was arbitrarily applied because jurors didn’t hear all the available mitigating evidence. They also said an inmate who testified for the state lied about conversations he had with Grossman.

The trial court in January denied Grossman’s first two claims and dismissed the third. The Supreme Court upheld that denial.

Park was a 26-year-old law enforcement officer waiting to transfer to a job as a naturalist when she was murdered. She was patrolling an undeveloped area near the border of Hillsborough and Pinellas counties when she came across Grossman and another man shooting a handgun that Grossman had stolen during a burglary. Grossman begged Park not to turn him in because he was on probation for grand theft and breaking and entering.

When Park reached for her radio, Grossman grabbed her heavy metal flashlight from her belt and struck her repeatedly. He then grabbed Park’s .357 Magnum and shot her in the back of the head.

The trial court found four aggravating circumstances which would support the death penalty in this case:

1. The murder was committed while engaged in the commission of or an attempt to commit, or flight after committing or attempt to commit, the crime of robbery or burglary;
2. The murder was committed for the purpose of avoiding or preventing a lawful arrest;
3. The murder was committed to disrupt or hinder the lawful exercise of government function or the enforcement of laws; and
4. The murder was especially wicked, evil, atrocious, or cruel.

The trial court found no mitigating circumstances, despite the fact that Grossman was only 19 years old at the time of Park’s death. The original jury unanimously recommended the death penalty.

Grossman has filed numerous post-conviction motions in both state and federal courts since his conviction in 1985. Grossman is scheduled to be executed on February 16 for the Dec. 13, 1984, murder of state Wildlife Officer Margaret Park.