Man Avoids Death Penalty in Pasco Re-Hearing

Back in 1989, Gregory Capehart was sentenced to death in a Pasco County court for murder. Twenty-two years later, Capehart received a re-hearing in the penalty phase of his case and was instead sentenced to serve life in prison.

In his first trial, Capehart was convicted of first-degree murder in the death of Marlene Reeves in February 1988. Prosecutors said Capehart climbed through the bedroom window of Reeves’ Dade City apartment, raped and smothered her with a pillow. After the penalty phase of the trial, the Pasco County jury recommended by a 7-5 vote that he be sentenced to death.

In 2004, Capehart was granted a new penalty phase hearing after the court determined that he received poor legal representation in the penalty portion of his original trial.

Capehart finally returned to court this week for the new penalty phase. Jurors deliberated for about 90 minutes before returning their recommendation for life.

Capehart’s defense attorney focused on his client’s mental capabilities. Four of five doctors who have evaluated Capehart over the past 20 years have found him to be mentally impaired, with an IQ of about 70. The jurors also heard testimony about Capehart’s dark childhood with an alcoholic mother and violent father.

Capehart appealed his conviction and sentence in the Florida Supreme Court  in May 1989. In June 1991, the Court affirmed the convictions and sentence of death. It did vacate a 15-year sentence for an accompanying burglary charge and remanded the case for re-sentencing according to sentencing guidelines.

In December 1991, Capehart filed a Petition for Writ of Habeas Corpus in the United States Supreme Court, which was denied.

In April 1993, Capehart filed a Motion to Vacate Judgment and Sentence in state court.  He filed six amended motions, the last of which was filed in July 2003. In April 2004, an evidentiary hearing was held and the judge granted a new penalty phase (which just occurred this month).

In May 2007, the court denied Capehart’s final amended motions.