Veterans on Florida's Death Row, Part VII

This is Part VII of the latest series from Tracking Florida’s Death Penalty: Veterans on Florida’s Death Row, exploring information about veterans who are or have been on Florida's death row.

Mar 30, 2025

Welcome to Part VII of the latest series from Tracking Florida’s Death Penalty: Veterans on Florida’s Death Row.¹ In case you missed it, Part I addressed the veterans who have been executed in the State of Florida. Part II addressed the veterans who died while on Florida’s death row. Part III addressed the 2 veterans who have been exonerated from Florida’s death row as well as the first part of the veterans currently on Florida’s death row. Part IV addressed the second group of veterans currently on Florida’s death row. Part V addressed the third group of veterans currently on Florida’s death row. Part VI addressed the first set of veterans who were sentenced to death but later resentenced to a lower sentence.

NOTE: The prior posts in this series have been updated as research is completed to add information. Check back to the prior posts for up-to-date information.

Resentenced

In addition to the veterans currently on Florida’s death row (Parts III-V), there are several veterans who were previously sentenced to death in Florida and have since been resentenced. Part VI addressed the first group of such veterans. This is the second set.

Roger Harris (Columbia County)

Roger Harris was convicted of first-degree murder and sentenced to death for crimes that occurred in December 1998. In mitigation, the trial court considered Harris’s military record and that he “was decorated during his military service.”1

On direct appeal in March 2003, the Florida Supreme Court affirmed Harris’s conviction but vacated his sentence of death and remanded for a new penalty phase.2 The Court’s opinion indicated that “Harris was deemed unfit for continued military service in the United State Air Force based on a diagnosis of anxiety disorder and depression . . . .”3

Harris remains in custody and is 67 years old.

Theodore Harris (Dade County)

Theodore Harris was convicted of first-degree murder and sentenced to death for crimes that occurred in 1981. On direct appeal in 1983, the Florida Supreme Court affirmed Harris’s conviction and sentence.4

Harris filed a petition for writ of habeas corpus, claiming “that he was denied effective assistance of counsel during his direct appeal to this Court” and “that his appellate counsel failed to adequately challenge the validity of the affidavit of probable cause that supported the warrant for his arrest.” The Florida Supreme Court denied the petition in June 1985.5

A few years later, Harris was under an active death warrant and appealed the circuit court’s denial of his motion for postconviction relief, which raised “multiple issues.” In that appeal, Harris argued “that his school and military records should have been presented to the jury to demonstrate . . . that during his service in the army Harris was commended for assisting the Red Cross in a blood drive on one day. He received a commendation letter thanking him and seven other servicemen for assisting the driver in setting up and breaking down the mobile blood unit.”6 On July 1, 1988, the Florida Supreme Court affirmed the trial court’s order and denied Harris’s request for stay of execution.

Harris then sought relief in federal court, raising challenges related to his confession. The federal district court denied relief, and Harris appealed to the U.S. Circuit Court of Appeals for the Eleventh Circuit. He argued “that the confession was the fruit of an illegal arrest because a police investigator submitted a false and misleading affidavit of probable cause.” He also raised claims of ineffective assistance of counsel.

On May 16, 1989, the Eleventh Circuit reversed the district court’s denial in part, finding that Harris’s trial counsel were ineffective for failing to properly investigate Harris’s background. Therefore, the Eleventh Circuit vacated the sentence of death and ordered a new sentencing proceeding.7

Harris remains in custody and is 70 years old.

Carl Jackson (Bay County)

Carl Jackson was convicted of two counts of first-degree murder and sentenced to death for crimes that occurred in 1975. The jury recommended death by a vote of 11-1.8 On direct appeal in 1978, the Florida Supreme Court affirmed the convictions and sentence. The sentences became final in 1979.

Jackson filed an initial motion for postconviction relief “alleging several infirmities in the conduct of his trial.” On appeal in 1983, the Florida Supreme Court affirmed the circuit court’s denial of the motion. Jackson then “filed a second 3.850 motion in the circuit court, a motion for a hearing and appointment of experts for determinations of defendant's competency and for a stay of execution during the pendency thereof, and an application for a stay of execution.” The circuit court denied Jackson’s requests, and he appealed. Jackson also filed a petition for writ of habeas corpus.

After a death warrant was signed for his execution, Jackson filed a second motion for postconviction. In June 1984, the Florida Supreme Court denied Jackson’s claims and denied Jackson’s request for stay of execution.

After the U.S. Supreme Court’s 1987 decision in Hitchcock v. Dugger, Jackson sought relief based on that case. In June 1988, the Florida Supreme Court denied Jackson’s claim. The Court noted that “[a] psychologist who had interviewed Jackson three times testified that Jackson told him of serving three tours of duty in Vietnam before receiving a general discharge. Jackson related that as a result of his Army service, he no longer approved of killing.”9

“In July 1989, Jackson filed a third petition for a writ of habeas corpus in the Supreme Court of Florida alleging five claims.”10 The Court denied the petition without an opinion.

Jackson then filed a petition for a writ of habeas corpus in the federal district court raising 17 claims. The district court “determined that Jackson's sentencing was in violation of the principle announced in Hitchcock.” The court “considered the harmless error issue a ‘very close question,’ but concluded that the Hitchcock violation was harmless beyond a reasonable doubt.” The court “issued a certificate of probable cause to appeal,” specifically focusing on the claim that Jackson's sentencing hearing violated Hitchcock. Jackson appealed the district court's denial of relief on eight of his seventeen claims to the U.S. Circuit Court of Appeals for the Eleventh Circuit.

In April 1991, the Eleventh Circuit determined the Hitchcock error in Jackson’s case was not harmless beyond a reasonable doubt and remanded “to the district court with instructions to enter an order granting the petition for a writ of habeas corpus unless the State of Florida, within a reasonable time, either: (a) affords Jackson a new sentencing hearing and resentences Jackson in a proceeding that is consistent with the requirements of Hitchcock; or (b) vacates the death sentence and imposes a lesser sentence consistent with law.” He was later resentenced to life in prison.

DOC records indicate that Jackson died while in custody on February 2, 2018. He was 73 years old.

Lesly Jean-Philippe (Duval County)

Lesly Jean-Philippe was convicted of first-degree murder and sentenced to death for murdering his wife in 2009. The jury unanimously recommended death. In sentencing, the trial court considered Jean-Philippe’s service in the U.S. Navy as mitigation.11

On direct appeal in 2013, the Florida Supreme Court affirmed Jean-Philippe’s conviction and sentence of death. His sentence became final in 2014.

“In 2015, Jean-Philippe, through counsel, filed a fourth amended motion for postconviction relief” raising multiple claims that his trial counsel were ineffective, along with other claims.12 While that motion was pending, Jean-Philippe filed another motion for postconviction relief seeking relief under Hurst. In December 2016, the circuit court denied the motion. However, “[o]n November 9, 2017, the parties entered into a stipulated agreement that Jean-Philippe would waive all claims concerning the guilt phase of his trial raised in his Rule 3.851 Motion, and would be resentenced to life in prison.^”13

Jean-Philippe remains in DOC custody and is 38 years old.

John Patrick Masterson (Miami-Dade County)

John Masterson was sentenced to death by jury override after a jury recommended life for crimes that occurred in 1982.14 Evidence at trial indicated that “Masterson suffered from delayed post-traumatic stress disorder brought on by his military service in Viet Nam.”15 He “had been treated previously at a Veteran's Administration hospital because he began having nightmares and was increasing his alcohol and drug consumption in response. Masterson often slept in his living room on the couch, looking out the window constantly and keeping guard.”16

On direct appeal, the Florida Supreme Court reversed the trial court’s imposition of the death sentence and remanded with directions to sentence Masterson to “life imprisonment without possibility of parole for twenty-five years.”17

Masterson remains in DOC custody. He is 77 years old.

Thomas McCoy (Walton County)

Thomas McCoy pled guilty to first-degree murder and was sentenced to death following a jury’s recommendation for death by a vote of 11-1 for crimes that occurred in April 2009. At sentencing, the trial court considered that “McCoy served in several branches of the military” as mitigation.18

In 2013, the Florida Supreme Court affirmed McCoy’s conviction and sentence. His sentence of death became final in 2014.

Later, McCoy was granted a new penalty phase in light of Hurst. He was later resentenced to life in prison.

McCoy remains in DOC custody. He is 58 years old.

James C. McCrae (Lee County)

James McCrae was sentenced to death following a jury’s recommendation for life—i.e., by jury override.19 On direct appeal, the Florida Supreme Court affirmed the sentence of death. His sentence of death became final in 1981.

In 1983, McCrae filed a successive motion for postconviction relief while under a warrant for his execution. The trial court denied his motion, but the Florida Supreme Court stayed his execution and remanded the case “to the trial court for a statement of reasons by the court supporting” the denial.20 The trial court held and evidentiary hearing and again denied relief. On appeal, in 1987, the Florida Supreme Court reversed the denial as to McCrae’s “claim that the original trial court judge limited his own consideration to statutory mitigating circumstances” and “remand[ed] with directions to vacate the sentence of death and conduct a new sentencing proceeding without a jury.”21 The Court’s decision indicated McCrae served in the military.

On remand, the trial court again sentenced McCrae to death despite the jury’s recommendation for life. On appeal, in 1991, the Florida Supreme Court vacated the sentence of death and remanded to the trial court to impose a sentence of life imprisonment without parole for 25 years.22

McCrae remains in DOC custody. He is 75 years old.

Harris v. State, 843 So. 2d 856, n.4 (Fla. 2003).

Id.

Id. at 868.

Harris v. State, 438 So. 2d 787 (Fla. 1983).

Harris v. Wainwright, 473 So. 2d 1246, 1247 (Fla. 1985).

Harris v. State, 528 So. 2d 361, 364 (Fla. 1988).

Harris v. Dugger, 874 F.2d 756 (11th Cir. 1989).

Jackson v. Dugger, 931 F.2d 712, 713 (11th Cir. 1991).

Jackson v. Dugger, 529 So. 2d 1081, 1082 (Fla. 1988).

Jackson, 931 F.2d at 714.

Jean-Philippe v. State, 123 So. 3d 1071, 1077 (Fla. 2013).