Post by CCADP on Aug 26, 2005 7:36:35 GMT -5
The Ledger
Polk Man Sentenced to Die
Judge sends Mark Anthony Poole, 42, to death row for a 2001 murder.
By Jason Geary
The Ledger
BARTOW -- Mark Anthony Poole on Thursday became the third Polk County man in four months sent to Florida's death row, condemned to die for fatally beating 24-year-old Noah Scott with a tire iron during a 2001 home invasion.
Polk Circuit Judge J. Dale Durrance also sentenced Poole, 42, to four consecutive life sentences for related charges, including the rape and attempted murder of Scott's 18-year-old fiancee, who was pregnant at the time.
As bailiffs tried to take his fingerprints, the former construction worker momentarily resisted, pulling back his hands.
Joe Poole Jr., 44, called out to his younger brother.
"We'll be all right," he said.
Outside the courtroom, Joe Poole Jr. said his family would continue to travel from Louisiana to visit his younger brother.
"We'll be back soon," he said.
A jury spent about 30 minutes deliberating April 27 before convicting Poole of first-degree murder, attempted first-degree murder, sexual battery, armed burglary and armed robbery.
The same jury spent about as much time deliberating May 4 before unanimously recomm-ending that Poole should die.
Prosecutors described the fatal home invasion as follows:
In October 2001, Scott and his girlfriend were living in the Orangewood Village Mobile Home Park on North Florida Avenue.
The woman was about five months pregnant with Scott's child.
As the couple slept, Poole broke into Scott's mobile home late on Oct. 12 or early the next morning.
Using a tire iron, Poole hit Scott at least 13 times in the head as Scott tried to save his fiancee from being raped.
Poole beat the woman with the tool, too. She sustained nine cuts to her head, some so deep they exposed her skull.
Poole rummaged through the house and stole some video games and game equipment. Before leaving, Poole went back to again molest the woman.
Thursday, Durrance read from a nine-page sentencing order.
The judge said that Poole's actions were so "conscienceless or pitiless and unnecessarily torturous" that they rose to the level of "heinous, atrocious and cruel" -- an aggravating circumstance that can provide the legal basis for a death sentence.
Mitigating evidence presented by Poole's lawyers didn't outweigh the aggravating circumstances prosecutors presented, Durrance said.
Two mental health experts testified that Poole isn't insane but does have a low intellect, a substance-abuse problem and moderate brain damage. Durrance said he considered that evidence.
The judge noted that Poole has crmininal histories in Texas, Louisiana, Mississippi, Georgia, South Carolina and Florida.
Durrance dismissed the defense's claim that Poole was a religious person.
The judge pointed out that Poole didn't seize an opportunity to show sorrow at a July 22 hearing.
"You offered no apology," Durrance said. "You showed no repentance, and you demonstrated no remorse."
Instead, Poole expressed his dissatisfaction with Assistant State Attorney John Aguero, his PLEASE SEE POOLE, PAGE B2
own defense lawyers and the makeup of the jury.
"He complained that the weapon should not have been called a crowbar because it was only a tire iron, and he complained that the victim, (Scott's fiancee), was provided tissues while on the witness stand," Durrance wrote in his order.
The woman, now 22, said she felt relieved as Durrance sentenced Poole.
The Ledger is not publishing her name, in keeping with its policy not to identify most victims of sexual assaults.
"It feels like this chapter in my life can close, and I can begin a new one," she said, her eyes red from fighting back tears.
The woman credits family and friends with helping her pull through the ordeal.
She also said she fought to recover for the sake of Scott's son. After surviving the attack, the woman gave birth to the boy.
"If I walked around crying all the time, he would too," she said. "He has to be a strong boy."
Including Poole, Polk County now has 12 people on Florida's death row.
Jason Geary can be reached at jason.geary@theledger.com or 863-533-9079.
Polk Man Sentenced to Die
Judge sends Mark Anthony Poole, 42, to death row for a 2001 murder.
By Jason Geary
The Ledger
BARTOW -- Mark Anthony Poole on Thursday became the third Polk County man in four months sent to Florida's death row, condemned to die for fatally beating 24-year-old Noah Scott with a tire iron during a 2001 home invasion.
Polk Circuit Judge J. Dale Durrance also sentenced Poole, 42, to four consecutive life sentences for related charges, including the rape and attempted murder of Scott's 18-year-old fiancee, who was pregnant at the time.
As bailiffs tried to take his fingerprints, the former construction worker momentarily resisted, pulling back his hands.
Joe Poole Jr., 44, called out to his younger brother.
"We'll be all right," he said.
Outside the courtroom, Joe Poole Jr. said his family would continue to travel from Louisiana to visit his younger brother.
"We'll be back soon," he said.
A jury spent about 30 minutes deliberating April 27 before convicting Poole of first-degree murder, attempted first-degree murder, sexual battery, armed burglary and armed robbery.
The same jury spent about as much time deliberating May 4 before unanimously recomm-ending that Poole should die.
Prosecutors described the fatal home invasion as follows:
In October 2001, Scott and his girlfriend were living in the Orangewood Village Mobile Home Park on North Florida Avenue.
The woman was about five months pregnant with Scott's child.
As the couple slept, Poole broke into Scott's mobile home late on Oct. 12 or early the next morning.
Using a tire iron, Poole hit Scott at least 13 times in the head as Scott tried to save his fiancee from being raped.
Poole beat the woman with the tool, too. She sustained nine cuts to her head, some so deep they exposed her skull.
Poole rummaged through the house and stole some video games and game equipment. Before leaving, Poole went back to again molest the woman.
Thursday, Durrance read from a nine-page sentencing order.
The judge said that Poole's actions were so "conscienceless or pitiless and unnecessarily torturous" that they rose to the level of "heinous, atrocious and cruel" -- an aggravating circumstance that can provide the legal basis for a death sentence.
Mitigating evidence presented by Poole's lawyers didn't outweigh the aggravating circumstances prosecutors presented, Durrance said.
Two mental health experts testified that Poole isn't insane but does have a low intellect, a substance-abuse problem and moderate brain damage. Durrance said he considered that evidence.
The judge noted that Poole has crmininal histories in Texas, Louisiana, Mississippi, Georgia, South Carolina and Florida.
Durrance dismissed the defense's claim that Poole was a religious person.
The judge pointed out that Poole didn't seize an opportunity to show sorrow at a July 22 hearing.
"You offered no apology," Durrance said. "You showed no repentance, and you demonstrated no remorse."
Instead, Poole expressed his dissatisfaction with Assistant State Attorney John Aguero, his PLEASE SEE POOLE, PAGE B2
own defense lawyers and the makeup of the jury.
"He complained that the weapon should not have been called a crowbar because it was only a tire iron, and he complained that the victim, (Scott's fiancee), was provided tissues while on the witness stand," Durrance wrote in his order.
The woman, now 22, said she felt relieved as Durrance sentenced Poole.
The Ledger is not publishing her name, in keeping with its policy not to identify most victims of sexual assaults.
"It feels like this chapter in my life can close, and I can begin a new one," she said, her eyes red from fighting back tears.
The woman credits family and friends with helping her pull through the ordeal.
She also said she fought to recover for the sake of Scott's son. After surviving the attack, the woman gave birth to the boy.
"If I walked around crying all the time, he would too," she said. "He has to be a strong boy."
Including Poole, Polk County now has 12 people on Florida's death row.
Jason Geary can be reached at jason.geary@theledger.com or 863-533-9079.