A new trial sought five years after death sentence for murdering a girl’s temple

TAMPA – Ten years have passed since the 9-year-old girl disappeared from Temple Terrace, and was later found dead in rocks and mangroves on Courtney Campbell Causeway. It’s been five years since a Tampa ju judge discovered he was found guilty of Granville Richie’s murder and recommended he be sentenced to death.

This week, Richie returned to the same Tampa courtroom from the death line and was convicted after hearing her lawyers claiming a new trial. His case is now unlocked in a less common but little understood territory of American law known as post-conviction lawsuits.

Supporters of harsh and swift punishment are opposed to this aspect of American justice. However, it is an important element of due process rights guaranteed under the Constitution. This is a right that is raised when the state is trying to seize the defendant’s life.

“It’s crucial to know that when government is putting the toughest penalty we have, when it’s killing individuals and there’s a meaningful process as a democracy,” said Marie Louise Palmer, a Tampa guardian that includes practices and capital defense.

At hearings that continued throughout most of this week it was as if Richie’s trial itself was on trial. A series of witnesses whose new defense lawyers testified on various aspects of Richie’s case, alleged that a series of errors had taken him from a fair trial.

Richie was found guilty in 2019 for the rape and murder of Felesia Williams. The girl who lived in East Tampa disappeared after accompanying a family friend when she visited Richie’s apartment on Temple Terrace in May 2014.

The Florida Supreme Court previously upheld Richie’s conviction and death sentence. The U.S. Supreme Court refused to hear his appeal.

The post-conviction appeal process can bring up mistakes that cannot be filed or corrected in the initial appeal to the Florida Supreme Court, as it provides defendants with a “tier 2” review, Palmer said. This is rooted in the Sixth Amendment of the US Constitution, and the defendant guarantees the right to effective assistance of lawyers.

“As a Floridian, whether you agree to the death penalty or not, you can at least know that the system is trying to give them the process that is appropriate for them,” Palmer said.

Richie looked lighter than she had been five years ago, a bit more secure, and occasionally exchanged laughs with her lawyers. Currently 46, he has been locked up for most of the past six months at Single Munsell, a Union Correctional Facility located northeast of Gainesville.

He wore a red prison shirt with the words “inmate.” Bondage to his wrist, he occasionally stroked his chin or wrote down, hearing a parade of witnesses.

His defense team comes from the Capital Collateral Regional Advisors Office, the state agency that represents the defendants on the death penalty appeal.

Their chances of success are slim, but not impossible. Florida has seen more exonerations since the death penalty than any other state, according to the Death Penalty Information Center.

In Richie’s case, they raised many challenges based on what his lawyers allegedly failed at his trial.

They said they were unable to seek their own expert witnesses in botany, soil analysis and mobile phone signal tracing.

They alleged that the defense did not oppose certain comments made by witnesses and prosecutors during their trial. They argued that there was evidence that Richie might have been able to escape the death penalty if he had not filed a pretrial complaint, who should not have taken a position, and that if it was discovered before the ju judges, there was evidence that he might have escaped the death penalty.

His lawyers argue that the combination of errors has led to Richie being refusing to a fair trial.

Legal conflicts place an unusual attitude in which prosecutors must defend the work of the court’s enemy.

Bjorn Brunvand and Daniel Hernandez, who represented Richie at the trial, testified on Monday about their tactics, the experts they consulted, and their efforts to pursue life sentences.

They each detailed their background. This includes decades of experience and extensive training representing defendants facing the death penalty.

“Do you agree that you are a very experienced capital litigator?” Assistant State Attorney Scott Harmon asked Brunband.

“I’ve been doing it for a while,” Brunband said. “Perhaps more than most.”

Brunvand estimated that over the past 30 years, he handled an average of two to three capital defense cases per year.

He was asked about the complexity of the court strategy and why he didn’t make a particular argument with the jury.

“Do you agree that maintaining credibility with the ju apprentice is a key element of success?” asked Harmon.

“The right thing,” Brunband added that the guilt of the trial and the penalty phase work is “a balancing act.” This is part of the reason why most death penalty trials feature two defense attorneys who handle each phase.

Hillsboro Circuit Judge Michelle Cisco, who presided over Richie’s trial, has also heard his post-conviction claims. She is expected to issue an order at a later date on whether he is entitled to a new trial or sentencing hearing.

If he is denied, Richie can continue to sue.