From Nolle Lee Martin appeal: Patricia Greenfield was an employee of a Cumberland Farm Food Store in Delray Beach. On June 25, 1977 two men entered the store, robbed it, and abducted Ms. Greenfield. Her body was discovered a few days later on a garbage dump. Investigation led to the arrest of Martin and Gary Forbes for the robbery and murder.
The trial judge correctly summarized additional facts as follows:
Gary Forbes is an 18-year old high school dropout, recently married, with no criminal record and several juvenile referrals. He was employed at his father’s service station with Nollie Lee Martin who had just been paroled from the State of North Carolina several months earlier (after serving almost five years of a sentence of eighteen years to thirty years) for the second degree arson slaying of three (3) human beings. Gary Forbes tendered a plea of guilty to the Court which was supported by the concurrence of the family of the victim, the police agency involved and the State Attorney’s Office. The Court accepted that plea and the defendant Forbes has now been sentenced pursuant to his plea bargain. That matter is covered in a separate order. The victim was a college student who was temporarily employed in a convenience store. The two men robbed her at knife point of approximately ninety (90) dollars and two cases of beer shortly before closing. They drove her back to Martin’s apartment and blindfolded her along the way with Martin’s shirt. The sworn testimony and confessions indicate that each man committed forcible sexual battery on the victim at the apartment. The victim was transported away from the apartment, still blindfolded and under the assurances that she would be released at a remote area. After driving some distance in a rather aimless fashion, the automobile arrived at the vicinity of the Lantana Dump and the defendant, Nollie Lee Martin, walked the victim away from the view of Forbes. According to Forbes, the defendant, Martin, stated that he attempted to strangle or suffocate the victim with the use of a short piece of rope but that she recovered her breath each time that he thought she had succumbed. He then stabbed her several times in the throat. The autopsy revealed that she died of these stab wounds and suggests at least an inference that there was some struggle before the death strokes were administered.
Martin confessed to the killing on July 4 and again on July 11. His defense at trial was insanity. At the sentencing hearing he sought the benefit of the mental mitigating factors of being under the influence of extreme mental and emotional disturbance and that his capacity to appreciate the criminality of his conduct and to conform his conduct to the requirements of law was substantially impaired.[1] He had numerous psychiatric examinations, and conflicting opinions ensued from the doctors examining him. One considered him insane at the time of the murder, but three opined otherwise.[2] At sentencing two felt that he met the statutory mental mitigating circumstances. The reconciliation of these conflicts was the responsibility of the jury and, to the extent it concerned his sentencing responsibilities, the trial judge. When there is competent substantial evidence to support the conclusion reached, their determination is final. Tibbs v. State, 397 So. 2d 1120 (Fla. 1981); Clark v. State, 379 So. 2d 97 (Fla. 1979), cert. denied, 450 U.S. 936, 101 S. Ct. 1402, 67 L. Ed. 2d 371 (1981); McNeil v. State, 104 Fla. 360, 139 So. 791 (1932).
On appeal Martin raises ten issues for our consideration. Four deal with his in-custody statements, one challenges the exclusion of three jurors because they would not impose the death sentence under any circumstance, one challenges the exclusion of certain *585 jail records, three deal with allegedly improper jury instructions, and one challenges the imposition of the death sentence. After reviewing the record, we find no merit in any of the points raised and do not find that any issue warrants or requires specific discussion. We have independently searched the record for error and have found none.
Martin was fully and properly informed as to his rights, which he freely waived in giving the two statements. The presence of the prosecutor in the interrogation room was proper, and the taped statement and testimony clearly show that Martin was not misled or promised anything for giving his statement. The court properly excluded the three death-scrupled jurors. Downs v. State, 386 So. 2d 788 (Fla. 1980). We also find no abuse by the trial court in excluding the jail records. The court properly instructed the jury and did not err by excluding the instruction as to the penalty for first-degree murder. Welty v. State, 402 So. 2d 1159 (Fla. 1981).
Murder Case Lingers Years Later.
Murderer`s Execution Called Near Videotape Used As Plea To Spare Inmate`s Life
Murderpedia: Nollie Lee Martin
Movies/Documentaries
On the Case with Paula Zahn: Eyes of a Killer
Defendants
Nolle Lee Martin – convicted, executed 5/12/1992
Gary Forbes – pled guilty, sentenced to life in prison
INMATE INFORMATION
DC Number: 066207
Name: FORBES, GARY
Race: WHITE
Sex: MALE
Hair Color: BROWN
Eye Color: BLUE
Height: 5’10”
Weight: 157 lbs.
Birth Date: 05/08/1959
Initial Receipt Date: 09/11/1978
Current Facility: HARDEE C.I.
Current Custody: CLOSE
Current Release Date: SENTENCED TO LIFE
Aliases:
GARY FORBES
GARY PAUL FORBES
Scars, Marks, and Tattoos:
Type Location Description
TATTOO BACK UNICORN,ROPE,LION
TATTOO LEFT ARM HEART LEFT UPPERARM
TATTOO LEFT CHEST MULTI-PICTURES
TATTOO LEFT LEG BUTTERFLY,EAGLE
TATTOO RIGHT ARM MULTI-PICTURES
TATTOO RIGHT LEG NAKED LADY,CLOUD,MUSHROOM
Current Prison Sentence History:
Offense Date Offense Sentence Date County Case No. Prison Sentence Length
07/03/1977 KIDNAP;COMM.OR FAC.FELONY 08/23/1978 PALM BEACH 7701557 5Y 0M 0D
06/25/1977 2ND DEG.MURD,DANGEROUS ACT 08/23/1978 PALM BEACH 7701675 99Y 0M 0D
06/25/1977 KIDNAP,ASSAULT OR TERRORIZE 08/23/1978 PALM BEACH 7701675 SENTENCED TO LIFE
06/25/1977 ROBB. WPN-NOT DEADLY 08/23/1978 PALM BEACH 7701675 30Y 0M 0D
06/25/1977 SEX BAT/COERCES BY THREAT 08/23/1978 PALM BEACH 7701675 30Y 0M 0D
Note: The offense descriptions are truncated and do not necessarily reflect the crime of conviction. Please refer to the court documents or the Florida Statutes for further information or definition.
Incarceration History:
Date In-Custody 09/11/1978
Date Out-of-Custody Currently Incarcerated
