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Lugo v. State2/20/2003
Rehearing petition filed: 04/04/2003. Rehearing petition filing: extended to 04/07/2003. Rehearing denied: 05/02/2003.
DANIEL LUGO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
An Appeal from the Circuit Court in and for Dade County, Alex Ferrer, Judge - Case No. 95-17381 "C"
J. Rafael Rodriguez, Specially Appointed Public Defender, Miami, Florida, for Appellant
Charles J. Crist, Jr., Attorney General, and Lisa A. Rodriguez and Sandra S. Jaggard, Assistant Attorneys General, Miami, Florida, for Appellee
The opinion of the court was delivered by: Per Curiam
Daniel Lugo (Lugo) appeals his convictions of first-degree murder and his sentences of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons set forth below, we affirm both the convictions and the sentences of death. We also affirm Lugo's other convictions and sentences.
FACTS
Lugo's case involves an intricate set of facts, which at times involved many persons. Most of the criminal charges in this case are related to the abduction, extortion, and attempted murder of Marcelo (Marc) Schiller, or to the abduction, attempted extortion, and murders of Frank Griga and Krisztina Furton. Abduction, Extortion, and Attempted Murder of Marc Schiller
In the early 1990s, Marc Schiller was a wealthy Miami businessman who owned an accounting firm, Dadima Corporation. His business interests expanded into providing services that were reimbursed by Medicare. Schiller hired Jorge Delgado to assist him with his business pursuits, and the two became close friends. Delgado often visited Schiller's home for both business and social reasons. Eventually, Schiller sold the Medicare-related portion of his business to Delgado, which retained the name "Dadima Corporation" after the sale. Schiller selected a new name of "D.J. & Associates" for his accounting business. For a period of time after he sold the Medicare portion to Delgado, Schiller performed consulting work for Delgado and Dadima Corporation.
Delgado exercised at Sun Gym in the Miami area, where Lugo was employed. The two became good friends, and at times Lugo would accompany Delgado on visits to Schiller's home. Delgado also came to know Lugo's co-defendants, Noel Doorbal and John Mese. Schiller believed Lugo to be an unsavory character, and expressed his concern to Delgado.
By 1994, a rift had developed between Schiller and Delgado. Schiller had been questioning Delgado's accounting practices with regard to Dadima Corporation, and was also concerned with transactions involving some bank accounts. During a meeting with a banker at a local restaurant, the conflict expanded as Delgado refused to respond to questions and became angry with Schiller. Thereafter, Schiller advised Delgado that he was severing all business ties and, on the advice of Lugo, Delgado hired John Mese to be his replacement accountant.
In the September-October 1994 time frame, Lugo advised Delgado of his belief that Schiller had been cheating Delgado with regard to the billing operations that Schiller had been performing for Delgado and the Medicare business. Delgado testified that Lugo showed him documentation which purported to prove that Schiller had been cheating Delgado. Lugo asserted to Delgado that Schiller had also been cheating Lugo. Schiller flatly denied accusations of cheating Delgado in the billing operation when Delgado confronted Schiller with the claim. Lugo and his cohorts subsequently generated a plot to kidnap Schiller, with the g
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