Nelson: Appeal has lasted 8 years (news-press.com file photo)
Owens: Killed in north Cape Coral in '95 (news-press.com file photo)
Frustrated family talks about appeals that followed '95 murder
BY PAT GILLESPIE • pgillespie@news-press.com • June 25, 2008
Linda Owens is hoping to outlive her son's killer.
Linda Owens is hoping to outlive her son's killer.
Owens, the mother of Tommy Owens, who was murdered in 1995, has watched as Josh Nelson goes through the second round of appeals on Florida's death row - there since he was sentenced in 1996.
Nelson, 18 at the time, along with Keith Brennan, were convicted of luring Tommy Owens to a remote area of north Cape Coral and beating him with a baseball bat and cutting his throat because they wanted his car. Brennan's appeals have been exhausted and he is serving a life sentence, State Attorney Steve Russell said. He was 16 at the time of the killing.
Attorneys gathered Monday to discuss Nelson's appeal - his attorney is trying to get Nelson's and Brennan's psychological and psychiatric records from five Florida agencies, who have cited public records exemptions and denied records requests.
A judge will review the requests and decide which records to order for release. Nelson's attorney hopes to use the records to save his client's life.
Nelson's most recent appeal has lasted for eight years and has been delayed because of the death of a judge, a turnover in attorneys and the natural course of appeals cases, attorneys said. A judge set another hearing for September.
Tommy Owens' father, Donald - who supports Nelson's execution -died in 2004. Now, Linda Owens is hoping she can see justice for her son's murderer.
"I would like to see Josh Nelson die and I would like to be alive to see it," she said Tuesday. "We do want to get this finished and done."
Attorney Terri Lynn Backhus of Tampa represented Nelson for a time, but said in 2004 she had a conflict with Nelson and asked to be removed from the case. Lee Circuit Judge William Nelson, who presided over the case, died in 2003 and court administrators had to reassign his cases. Two judges have been assigned to Josh Nelson's case since then - Lee Circuit Judge Thomas Corbin and Lee Circuit Judge Lynn Gerald Jr., according to court records.
Gerald addressed Backhus' motion in 2007, three years after she filed it and eight months after Gerald was appointed to the case. Then, in October, Nelson's current attorney, Michael McDonnell of Naples, was appointed to the case.
Backhus said appeals cases are supposed to take a long time - they are designed to be thorough and they don't have time constraints, unlike active criminal cases. Because of budget cuts and active criminal caseloads rising, appeals cases tend to move to the back of the court schedule.
According to the Florida Department of Corrections, death row inmates have an average stay of 14 years. Nelson has been there 12.
McDonnell, too, makes no apologies for the delays. He said he is trying to determine whether to raise issues of ineffective assistance of counsel, a common target of appeals, as well as the constitutionality of the death penalty.
"I am the only person between him and the end of his life," McDonnell said. "It's a very serious responsibility."
Russell, who is working on Nelson's appeal, said the process can be drawn out for victims' families.
"The death penalty appellate process can be frustrating for the families and others involved," he said. "Sometimes they go on too long and hopefully we'll get a resolution in this case."
Linda Owens said she doesn't believe Nelson's death will bring justice, but she wants to see the day it happens.
"It's not something you can dwell on or it will eat you up," she said. "The wheels of justice shouldn't move this slow."
Nelson, 18 at the time, along with Keith Brennan, were convicted of luring Tommy Owens to a remote area of north Cape Coral and beating him with a baseball bat and cutting his throat because they wanted his car. Brennan's appeals have been exhausted and he is serving a life sentence, State Attorney Steve Russell said. He was 16 at the time of the killing.
Attorneys gathered Monday to discuss Nelson's appeal - his attorney is trying to get Nelson's and Brennan's psychological and psychiatric records from five Florida agencies, who have cited public records exemptions and denied records requests.
A judge will review the requests and decide which records to order for release. Nelson's attorney hopes to use the records to save his client's life.
Nelson's most recent appeal has lasted for eight years and has been delayed because of the death of a judge, a turnover in attorneys and the natural course of appeals cases, attorneys said. A judge set another hearing for September.
Tommy Owens' father, Donald - who supports Nelson's execution -died in 2004. Now, Linda Owens is hoping she can see justice for her son's murderer.
"I would like to see Josh Nelson die and I would like to be alive to see it," she said Tuesday. "We do want to get this finished and done."
Attorney Terri Lynn Backhus of Tampa represented Nelson for a time, but said in 2004 she had a conflict with Nelson and asked to be removed from the case. Lee Circuit Judge William Nelson, who presided over the case, died in 2003 and court administrators had to reassign his cases. Two judges have been assigned to Josh Nelson's case since then - Lee Circuit Judge Thomas Corbin and Lee Circuit Judge Lynn Gerald Jr., according to court records.
Gerald addressed Backhus' motion in 2007, three years after she filed it and eight months after Gerald was appointed to the case. Then, in October, Nelson's current attorney, Michael McDonnell of Naples, was appointed to the case.
Backhus said appeals cases are supposed to take a long time - they are designed to be thorough and they don't have time constraints, unlike active criminal cases. Because of budget cuts and active criminal caseloads rising, appeals cases tend to move to the back of the court schedule.
According to the Florida Department of Corrections, death row inmates have an average stay of 14 years. Nelson has been there 12.
McDonnell, too, makes no apologies for the delays. He said he is trying to determine whether to raise issues of ineffective assistance of counsel, a common target of appeals, as well as the constitutionality of the death penalty.
"I am the only person between him and the end of his life," McDonnell said. "It's a very serious responsibility."
Russell, who is working on Nelson's appeal, said the process can be drawn out for victims' families.
"The death penalty appellate process can be frustrating for the families and others involved," he said. "Sometimes they go on too long and hopefully we'll get a resolution in this case."
Linda Owens said she doesn't believe Nelson's death will bring justice, but she wants to see the day it happens.
"It's not something you can dwell on or it will eat you up," she said. "The wheels of justice shouldn't move this slow."
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51 comments:
I love you, Bella.
At 18 years old he was just becoming an adult. He will be a completely different person now. I really feel for the victims family but he was so young when this happend. Surely he isn't comparible to Bundy or Dahmer? Live in prison not the death penalty.
Uh, hello, Tommy was just starting his life too, and that douchebag took it away from him. Tommy was an innocent victim and an extremely nice kid who wouldn't hurt anyone. Josh Nelson should have gotten a needle ten years ago. What a waste of space in prison.
You know what "Anonymous"...
and to the rest of the world who wants to cast a stone..
It's terrible that a life was taken. But it's also terrible that society doesn't step up and do something about these innocent kids being abused and tortured.. only to grow up harboring so much hate inside, then a tragedy happens and people like YOU want to sit up on your high horse and preach about the needle. What about Josh Nelson's parents.. what punishment do they deserve for abusing a child? Douchebag? Oh the intelligence of our community just baffles me. Why don't you do somethin productive instead of posting about something you obviously have no real idea about.
i agree 100 percent,take nelson out and beat him to death with a baseball bat,no death penalty.
I remember when josh and keith came to my house in NJ after the murder. They stayed at my house because they knew my older brother. They let me drive the car because I was in love with it. When we drove up to my house after driving it.. they told me if I took it without them knowing it, they would cut my throat with a box cutter. A few days later, they were arrested. CUT THEIR THROATS!
I don't know Josh outside of prison but I found him on a pen pal site 8 years ago. He is caring n compassionat. I dont know...I know he murdered someone and that is horrible. But it's not one mans place to put another man to death because he killed someone. In gods eyes all murder is sin so why commit a same kind of heinous sin by found as he did?! Let him sit and continue to recover. I'm not saying free him. But don't murder him!!!
This is sad after all these years would have thought some thing would be done about this Tommy was a good kid how do I know cause I knew him Tommy was my brothers best friend he was over our house all the time what had happen that day should of never happen but it did it does not matter if you come from a broken home or not you did some thing wrong now you got to pay an eye for an eye
KILL HIM. It's called an eye for an eye. He shouldn't be able to sit in prison wasting MY TAX MONEY. There is no rehabilitation for someone like Joshua Nelson. Tommy was a good student, a good person, and he sure didn't deserve to die. Josh Nelson deserves to die. TODAY. Move it along, Florida. Over 300 people on death row is completely ridiculous.
In 1995, i had the 'pleasure' of being in a cell with josh nelson. I would sit and listen to the 18 year old self-proclaimed 'natural born killer' as he bragged about his crime. There was never a breath of remorse. Always pride. Josh nelson is an evil person and his execution should have taken place years ago. If you look at a picture of him and look into his eyes you will see a man without a soul.
This coming from his "cell mate" lol. Get a life you poser.
my brother and myself went to school and hung out with josh nelson his parents were sweet i dont no what came over him he cant blame his parents its his fault
Don't forget there was actually 2 assailants in this horrible crime. The other was a Keith Brennan.
It has since been realized that with evidence and confessions, Keith was an accessory. Yes he did his part and lives with the guilt every single day and mourns on the horrid anniversary. No way are him and Josh anything alike.
I don't care how young they were, or that no one told them murder is wrong. Tommy was one of my first friends. Our dads were best friends. There is no excuse for what they did to Tommy. They admitted to it. They bragged about it. They will contribute nothing good to this world. They have earned their deaths.
Actually, Keith isn't on Death Row anymore. He hasn't been for nearly 16 years. There is no disputing that what they did was horrible, a precious life was taken way too soon! Keith hasn't bragged about anything he has done. Please don't compare the two.
I knew Keith personally from the tone he was about 11! His life was hard. Is that reason to commit such a crime, no, and justice had been served. I met Josh one time and I knew he wasn't right in the head. I don't believe Keith would have done this without josh influence. We had many long talks, he really does have a good heart. I know he regrets what happened, and has remorse. Not like Josh who thought it was his best accomplishment ever. I still can't believe it happened. I feel such sorrow for tommys family. I hope they have found some sort of peace by now.
I was friends with Tommy we all went to car club at ft myers beach an I know the whole Brennan family.an for Nelson he wasn't a normal person at all he doesn't ever need to be back in society ever.I don't care what any one says.if it was my son an he committed murder just because he wanted to take his friends car an joy ride in it I would wash my hands from him and stand behind tommys mom.iam sorry if no1 likes my comment but I believe you can give ur children life and take them out of life to.as goes for the Brennan family look up there record no1 should ever raise there kids to be criminals sad to say but it's the truth.
Keith was NEVER on death row. He was never sentenced to death. He was only 17 at the time of the murder. Both of them are getting what they deserve. Tommy's mother is right; the wheels of justice shouldn't move this slow.
Fuck all the brennan family all scum!
Ouch, my balls!
Thank you so much. I rarely have the strength to look up the details of my brother Tommy’s murder. It makes me alternately sad and angry, and ultimately has me thirsting for judgement day for both of his murderers. I would gladly let them walk if Tommy can come back and live again, as twenty of each of them does not equal one Tommy. Thanks to all who expressed their feelings about my brother. Although I can never feel total solace and peace with this, it is a blessing from a God that I receive some measure of comfort. God bless you all❤️
Donald W. Owens
Thank you so much. I rarely have the strength to look up the details of my brother Tommy’s murder. It makes me alternately sad and angry, and ultimately has me thirsting for judgement day for both of his murderers. I would gladly let them walk if Tommy can come back and live again, as twenty of each of them does not equal one Tommy. Thanks to all who expressed their feelings about my brother. Although I can never feel total solace and peace with this, it is a blessing from God that I receive some measure of comfort. God bless you all❤️
He WAS convicted of Capital murder one and sentenced to death. Then “old sparky” ( Florida’s electric chair) lit a man up while electrocuting him so the liberals came out in force and Brennan’s sentence was reduced, and all other’s his age or younger in the future.
Thank you Lesa.
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Wrongful Death Cape Coral Florida
I honestly think he would have become a serial.killer if he hadn't been caught..watching the documentary now..He has Shark eyes.totally devoid of soul..They can play the soft music but doesn't change the fact he is a cold blooded killer..shocking how long these killers are on Death Row with their little fan clubs..condolences Donald for your loss.. from the UK..Stay strong..
Bullshit
So, does Josh have an execution date?
Just watched the Netflix documentary from Germany. It was a terrible crime and I probably would want the same fate for Josh, if Tommy was my family, but so many people failed Josh. He wasn’t born like that. The government needs to take better care of its children and step up. I hope the Tommy’s family find peace in their heart. :(
During Josh's little charade for the cameras, he never once apologizes. He just humble-brags how "responsible" he is. He wants us to go: "Wow, what a guy. What a victim." and it seemed to agitate him that,that girl made Tommy's murder about herself. He wants to be the sole possessor of his crime.
Im pretty annoyed by the people saying he had a hard life, and that you should essentially pity him. I haven't had an easy life--at all. In fact, my childhood had been downright horrible. And I would NEVER think to hurt an innocent boy like that, especially one that believed I was his friend? Truly sick, and just absolutely heartless and evil. People like them are empty on the inside, and they deserve worse than what they're getting.
There was a way out for keith and Josh even in their criminal act. They could have merely gotten the car owner Tommy away from the car and taken off instead of killing him. Maybe their low intellect did not think of a better scenario to get the car. Perhaps, they thought they could convince Tommy to go to Florida with them and when he said no they thought it would take too much time to figure out a way of merely stealing they car so they decided to take the car by force which included killing Tommy. Josh was almost 2 years older and should have had enough brains to figure out a better solution to get the car away from Tommy without killing him. Because of the brutality of the killing of Tommy which requires a very psychopathic mindset how is it possible to know what is real soul is like today and if it has been changed enough to warrant his being gifted with life instead of death.
Tommy was a rapist.
Eye for an eye. Please. We do not live under Hammurabi’s code or in the Old Testament. I love when people quote the Old Testament, but just the convenient pieces. Unless you are Jewish, the Old Testament has no bearing on the way one should behave. I’m sure mr “eye for an eye” must be a devout, kosher Jew. If you are Christian, you can’t piece meal the Bible. Our judicial system has the death penalty, for better or worse, and the wheels to murder murders turn slow, with good reason. Can someone post, with verified facts, that the death penalty decreases murder rates? How about we quote something meaningful, like, “The degree of civilisation in a society is revealed by entering its prisons." Incarceration is expensive and a drain on society and tax payers. Antecedent strategies, not consequence strategies, are what can actually affect lasting change. And make no mistake, not a single human is “innocent”. Are we all murderers? Are we sexually assulting, child molesting rapists? Well, some are. Some pay for it and some walk freely among us. This is what makes humans so fascinating. That our experience is not black and white, some people are caught up in unimaginable circumstances that form them. Does it excuse behavior, no. But it is worth considering who the real monsters are. Not many of us made the best decisions at 16-18 years old. 18? The human brain (specifically the prefrontal cortex) is not even fully developed until 25, but to be tried and convicted as an adult at 18? I believe people are worth more than the worst thing they ever did. I wish I could think so simply, so one-sided and blissfully ignorant as many people do. After all, ignorance is bliss.
I just saw the documentary and this case really shock me, looks Tommy was a really nice person, I'm really sorry for your loss and whish time can back to change this happen, hope that two bad persons never go out of jail, God bless your family.
I just saw the documentary and this case really shock me, looks Tommy was a really nice person, I'm really sorry for your loss and whish time can back to change this happen, hope that two bad persons never go out of jail, God bless your family.
Josh Nelson may have been 18 at the time but their are a lot of good guys in the military at 18. The system obviously needs more courts, but their is still to many types of appeals allowed. Every minute issue goes into an appeal process. I say let Josh Nelson die before he start collecting his social security check in prison. That he is almost 40 years old and did this at age 18 is a slap in the face to the victim.
Literally stop smoking crack he deserves the death penalty!! He killed a beautiful soul
Dude used to live in apartments literally 20 ft from me. Used to walk to school bus stop with him. One day I was at circle K, all 3 showed up in the car. Josh said if I eve needed a ride he could give me one... Thank god I never got in that car. 1 week later they murdered.
The US Supreme Court decided executing someone who was a minor at the time of their offense was unconstitutional. It had nothing to do with “old sparky” or liberals.
Some people actually believe the right to life is inalienable (rarely do liberals or conservatives actually believe that, no matter how many times either side spouts off about it) and that the only time one is justified in the taking of another life is when they are in imminent danger of their life being taken. If I can’t legally go kill someone who killed my cousin even one day later, why can the State do it? The State cannot ever be a victim. Period.
Also, anyone who watched Josh’s interview and thought he came off as anything but taking responsibility and being remorseful needs their heads examined (the same goes for anyone who thinks who we are at 18 years old and who we are at 40 years old is the same). I don’t know the guy, but it seemed clear as day to me that he was being genuine.
Anyway, that’s all. I genuinely hope the future is not as bleak as the comments here might suggest it will be. There is a whole lot of work that needs to be done on a lot of hearts, it seems. Carrying around this anger and hatred is cancer to your souls and no one else’s. You hurt no one but yourself when you continue on that way. I should know. Forgiveness isn’t about the person who violated you or your rights; it’s about you and what kind of life you want to live. You’re allowing those who have done you wrong to control your life when you hold on to your hate toward them. They don’t deserve that power, so stop giving it to them.
Pretend for a moment that I know what I’m talking about. You’ve been had by a Netflix production team and by Josh. It irks me that such a pathetically bad actor has managed to pull enormous sympathy….perhaps it’s a case of denial by reaction formation.
The bottom line is that Josh is a manipulating con-artist and a remorseless killer- his only redeeming quality is that his will to live is strong (albeit a narcissistic defense mechanism) and he is willing to use all of his honed prison skills towards that goal. Everything you see from him relates back to this.
Here are some basic FACTS you softies apparently missed from the documentary alone-
—>He has been in prison for over 20 years. His entire adult persona has developed/cultivated/refined under the day to day influence of evil men and a culture that rewards sociopathy. It fuels his narcissism to know that he’s fooled countless bleeding hearts. His consistent tells confirm his deception.
—> His claims of being sexually abused have not been substantiated, documented, or reported. It’s a classic sympathy play prior to execution or sentencing. Especially when the alleged abuser is not around. In prison culture a con would NEVER EVER admit to being sexually abused- even on the row-unless it’s an obvious sympathy play.
—-> He completely made up the story about why his mother kicked him out of the house. Another sympathy play/lie that can’t be substantiated.
—> The woman “Tina” that claimed the victim sexually abused her wasn’t Josh’s gf. It’s significant why she wouldn’t let herself be identified. That’s because she isn’t who she claims to be.
-..>He refers to his evil premeditated murder as “when I caught that charge” – that is inmate slang for “I didn’t do it but they think I did”. He said this early on in the production when he was high on the attention and let it slip out.
—> That sob story near the end filled with “how can I say I’m sorry” “I don’t have the words”!!! Gawd – that’s prison talk 101 for showing remorse but not showing remorse. He never does apologize!! Even the guards are laughing at that one. Tommy’s mom saw right through that one.
don’t be a fool
While Josh was 16 or so when he killed his victim, he still deprived his victim who was also in his teens a nice life. The rationale that one entity does not legally have the right to kill a murderer is phony as a 3 dollar bill, as the murderer does not have that right either. The legal system needs to spend money that is certainly available given the great Trump economy to hire a lot of judges to review these death penalty appeals. That said, let's say Josh was just a typical impulsive teenager but let his impulses make a disastrous decision in beating another kid to death. He is in his early 40's now so I suggest that he be given prison time until he is 70 years old and then released, with the stipulation that his prison record is superb.
Lol.. yeah, great idea..he can stay at your house. You are a clown.
actually Tommy had raped one of their girlfriends so he wasn't an angel, I'm not saying its okay he was murdered but they were young, going through shit, and grew up in the wrong environments. their brains weren't working like they were supposed to, and they fucked up. Tommy fucked up too. life in prison is a fucking punishment, he shouldn't have to be executed when the other one isn't, just saying.
I was told by Keith that Tommy raped misty
I'm waiting for the day Josh dies...I went to Mariner with Tommy.Such a sweet kid.
Hi not being nosy but I live in cape coral and I just have been trying to figure out the street he was killed on...
This!
You have no idea that’s true
It’s coming from a murderer ffs
Grow up and learn what due process is
Tommy was never arrested for rape but he was brutally murdered
Stop Believing everything you hear from a convicted murderer ffs
It was a horrible crime
Josh Nelson deserves the death penalty
Do people believe everything they hear from a convicted murderer ?
Good grief
Tommy was never arrested nor investigated for rape
Slandering a victims name to make the convicted killer look better is really pathetic
Get some critical thinking skills
Josh Nelson is saying what he’s saying to make himself look better
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