DAVID GORE, FLORIDA SERIAL KILLER

[rumaj]

I know this belongs probably in media, but I'm trying to research this guy.

I found some articles on him, and non, so far mention cannibalism.

When I read HiS very own website, he does in fact talk about why and how he killed his victims, adding that they tasted quite good. Giving tips on the tastiest ages (meatwise) to eat from.

======================================
Film crew delves into 1980s Gore killings in Vero Beach

By KEONA GARDNER
keona.gardner@scripps.com
Updated at 5:10 p.m.
March 23, 2007
VERO BEACH — The muddy banks of the canal near Oslo Road still haunt Vero Beach Mayor Tom White.

Between 1981 and 1983, serial killer David Gore, now 53, killed six women in the county and buried their bodies in the canal banks near Oslo Road.

"These weren't accidental killings — these were premeditated," said White, who was a detective with the Indian River County Sheriff's Office in the late 1970s and 1980s investigating those murders.

Gore, a former auxiliary sheriff's office deputy, used his auxiliary badge to impersonate a sheriff's deputy and get close to his victims.

White on Thursday retold his account of the David Gore case to a Canadian film crew, which will wrap up taping segments today to use on the Biography cable channel television show "Crime Stories."

Gore was caught in 1983 after a witness saw Gore shoot his rape victim. He was sentenced to death in 1984 and also given five consecutive life sentences between 1984 and 1985.

Steve Allen, interviewer and director of the segment, said the crew will interview Orchid Police Chief Phil Redstone, former state attorney and now defense attorney Bob Stone and others associated with the case.

Allen said he would not interview Gore because "the case is pretty much open and shut."

"It's not a biography on a killer but what happens to a community as a result of the murders," he said.

White said the Gore case took its toll on the community.

"The community was outraged," he said. "He's a home-grown boy. Here's someone they trusted — they knew. He carried a badge and worked the groves. No one would have ever thought."

The "Crime Stories" episode about the David Gore case is scheduled to air this fall on the Biography cable channel.

MORE AT:
http://www1.tcpalm.com/tcp/local_news/article/0,2545,TCP_16736_5435742,00.html
_________________
"Sell Crazy Someplace Else. We're all stocked up here."

Line from the movie As Good As It Gets

[rumaj]

HERE IS HIS WEBSITE:

I AM A CANNIBAL.
by David Gore

I am in prison for the rape, torture and murder of 6 women. Although the police suspected me of at least 50 murders - they couldn't prove it. I'm not one of those who proclaim their innocence and all. I take full responsibility for what I've done.

I literally hunted females as prey. And once I "bagged" one, my purpose wasn't just to rape her and torture her - my true purpose was to harvest them for their meat and hair. Human meat is actually quite delicious. Of course I never hurt males. I only wanted the young females. They were the tenderest and tastiest.

Yes, I was very much into cannibalism. I only ate the meat of young girls though. I prefered them to be around 14-15 years old. The purpose of this was because at that age, their meat was more tender - it was cleaner. If I knew one of my victims was on drugs or anything, I would not harvest her. I loved the young virgin type. Their meat is very red and lean. You get them any younger than say 12 they have quite a bit of baby fat on them, and that doesn't taste good. For some reason fat on humans has sort of a bitter taste.

I don't share my love for cannibalism with most people because they are pretty repulsed by even the thought of eating human flesh. So that's something I keep to myself, unless a person shows an interest in it. You have to understand it before you can accept it. As far back in time as you can go there are humans eating other humans. And when you strip away the moral aspects of it, what is different from eating the meat of a human, and the meat of a deer.

Look at the animal kingdom, they kill and eat each other. We are of the animal kingdom.

MORE AT:
http://www.mansonfamilypicnic.com/gore2.htm
_________________
"Sell Crazy Someplace Else. We're all stocked up here."

Line from the movie As Good As It Gets

[rumaj]

HOWEVER GOING HERE:

David Gore and Fred Waterfield

Born in 1951, in Florida, David Gore resembled the stereotypical Southern redneck, weighing close to 275 pounds, and such a firearms fan that he studied gunsmithing in his free time. He also studied women, but in a different fashion. He lost one job as a gas station attendant after the owner found a peephole Gore had drilled between the men's and women's restrooms. Born in 1952, cousin Fred Waterfield was another product of Florida's Indian River County. He was a high school football star whose bad temper and liking for violent sex made him and David seem like brothers. In 1976, they put their heads together and decided to combine their favorite sports by hunting women.

Their first attempts were embarrasing. Following a female motorist outside Yeehaw Junction, Fred flattened her tires with a rifle , but the intended victim escaped on foot. Later, the cousins followed another woman from Vero Beach to Miami, giving up the pursuit when she parked on a busy street. Their first successful rape took place near Vero Beach, and while the victim notified police, she later dropped the charges to avoid embarrassment in court. By early 1981, Gore was working days with his father as caretaker of a citrus grove, patrolling the streets after dark as an auxiliary sheriff's deputy. Fred had moved north to Orlando, managing an automotive shop, but he made frequent visits home to Vero Beach. Together they recognized the potential of Gore's situation, packing a badge by night, killing time in deserted orchards by day, and Fred offered to pay cousin Dave $1,000 for each pretty girl he could find. It was an offer David could not refuse. In February 1981, David found 17-year-old Ying Hua Ling disembarking from a school bus, tricking her into his car with a flash of his badge. Driving her home, Gore "arrested" her mother and handcuffed his captives together, then phoning Waterfield in Orlando before he drove out to the orchard. Killing time while waiting for his cousin, David raped both victims, but Fred was more picky. Rejecting Mrs. Ling as too old, he tied the woman up in such a fashion that she choked herself to death while struggling against her bonds. He then raped and murdered the teenager, slipping David $400 and leaving him to get rid of the corpses alone in an orchard a mile from the Ling residence.

Five months later, on July 15, David made a trip to Round Island Park, looking for a blonde to fill his cousin's latest order. Spotting a likely candidate in 35-year-old Judith Daley, Gore disabled her car, then played Good Samaritan, offering a lift to the nearest telephone. Once inside his pickup, Gore pulled out a pistol, cuffed his victim, and called cousin Fred on his way to the orchard. Waterfield was happier with this delivery, writing out a check for $1,500 after both men finished with their victim. Two years later, Gore would tell about Judith Daley's fate, describing how he "fed her to the alligators" in a swamp ten miles west of Interstate Highway 95. A week later, Gore fell under suspicion when a local man reported that a deputy had stopped his teenage daughter on a rural highway, attempting to hold her "for questioning." Stripped of his badge, David was arrested days later, when officers found him crouched in the back seat of a woman's car outside a Vero Beach clinic armed with a pistol, handcuffs, and a police radio scanner. A jury deliberated for thirty minutes before convicting him of armed trespass, and he was sentenced to five years in prison. Turning down psychiatric treatment recommended by the court, he was paroled in March of 1983.

A short time after Gore's release, his cousin moved back home to Vero Beach, and they took up where they left off. On May 20, they tried to abduct an Orlando prostitute at gunpoint, but she slipped away and left them empty-handed. The next day, they picked up two 14-year-old hitchhikers -- Angelica Lavallee and Barbara Byer -- raping both before Gore shot the girls to death. Byer's body was dismembered, and buried in a shallow grave, while Levallee's was dumped in a nearby canal.



MORE AT:
http://www.francesfarmersrevenge.com/stuff/serialkillers/gore.htm

THERE IS NO MENTION OF CANNIBALISM
_________________
"Sell Crazy Someplace Else. We're all stocked up here."

Line from the movie As Good As It Gets

[rumaj]

Killin' cousins
Why these two young men decided to stalk women as one would hunt wild game has never been explained
By MAX HAINES

April 17, 2005

THIS IS the story of innocent women who met up with bad men.

David Alan Gore was born and raised in southern Florida. He attended Vero Beach High School and, for a while, worked as an auxiliary deputy with the Indian River County Sheriff's Dept. In between, he served short prison sentences for offences against women.

Gore's cousin, Fred Waterfield, had also been a popular student at Vero Beach High School, where he played on the varsity football team. Why these two young men decided to stalk women as one would hunt wild game has never been explained. We do know that in 1979 they were cruising Indian River County, attempting to kidnap unsuspecting members of the opposite sex.

After several muddled attempts, Gore and Waterfield were successful in kidnapping a woman. They pulled a gun on her and drove to an isolated spot among Indian River County's famous orange groves. Both men raped their hapless victim before setting her free. The woman reported the rape, but the charges against the two men were later dropped when she refused to appear in court. Since charges were never brought against them, we will never know how many women fell prey to Gore and Waterfield in the next 18 months.

In 1981, Gore joined the Indian River County Sheriff's Dept. Assigned to night patrol, he now had a foolproof method of gaining the trust of unwary women. To sweeten the pie, his cousin Fred offered him $1,000 for every good-looking female he could kidnap and deliver.

Ying Hua Ling was an attractive teenage high school student. Her father, a recent immigrant to Florida, was employed as an agricultural inspector for the state. Gore followed the movements of Ying Hua for two days. He observed that she was vulnerable after getting off a school bus and walking toward her home. He approached the girl. It wasn't difficult. A flash of his deputy's badge was all it took. He said he would drive her home and question her on some vague official business.

Upon arrival at the Ling residence, Gore was somewhat shocked to find Ying Hua's mother, Hsiang Huaua Ling, there. He pulled out a gun, handcuffed the two women and forced them into his vehicle. On the way to a secluded orange grove, he telephoned cousin Fred, advising him that he had a delivery.

KILLED MOTHER, DAUGHTER

When Fred arrived at the scene, he wasn't pleased with Gore. He castigated his cousin for bringing along the older woman. Waterfield then raped Ying Hua before killing both mother and daughter.

Next evening, the two partners stuffed the bodies of their victims into drums and buried them among the orange groves.

Five months later, 35-year-old Judith Kay Daley, a doctor's receptionist from Belmont, Calif., became the killing duo's third victim. Mrs. Daley was vacationing in Florida when Gore spotted her walking from her car to the beach in her bathing suit. Gore opened the hood of Daley's car and rendered it inoperative.

When Mrs. Daley returned to her vehicle, Gore graciously offered to help. When he couldn't get the car started, he suggested that he drive her to a pay phone. As soon as she slid into the front seat, Gore pulled a gun and handcuffed the terrified woman. He then called Fred, informing him, "I got a package for you." Waterfield arrived, raped Mrs. Daley and left the scene. Gore killed her and dumped the body into an alligator- infested canal.

A week later, a girl was picked up by Gore. The auxiliary deputy attempted to lure her to a secluded area. The alert girl suspected that something was not right. She jumped from the policeman's vehicle and reported her experience to the authorities. As a result, Alan Gore lost his job with the sheriff's office.

No longer able to flash his badge, it was more difficult for Gore to lure unwary women into his car. On several occasions, women refused his offers of assistance. Finally, he was apprehended with weapons in his possession and was sentenced to five years imprisonment. Gore was back on the streets in 18 months.

In May, 1983, the two men picked up hitchhikers Barbara Byer and her girlfriend, Angelica Lavalles, both 14 years old. The girls were raped before being shot in the head by Gore. Barbara's body was buried, but the job so exhausted the men that they decided to throw Angelica's body in the same canal where they had disposed of Mrs. Daley.

Five completely innocent victims had fallen into the clutches of the two depraved killers. There was to be yet another and final murder victim.

A young man peddling his bicycle in Vero Beach couldn't believe his eyes. There, about 45 metres away, was a nude girl running down a driveway screaming. Running behind her was a big, red-faced man, also totally nude, carrying a handgun. As the young man on the bicycle watched, the man grabbed the girl and dragged her back to the house. Once there, without hesitation, he shot her in the head.

The young man pedaled as fast as he could to his home, where he told his mother what he had seen. She called police. Moments after they received the woman's call, police received a second one from a man describing the same unusual sight of a nude man shooting a nude girl, but the caller said the incident had taken place in an orange grove some distance away from the house.

CAR TRUNK DRIPPING WITH BLOOD

Because the caller had used the emergency number 911, the call was traced to the house. The owner of the house was a relative of Alan Gore, an ex-convict with a record of offences against women. Police correctly theorized that Gore had made the second call in a futile attempt to lead police to an orange grove, giving him time to get away from the house. He knew very well that the young man on the bicycle had witnessed the event.

Within minutes, a veritable army of police officers had surrounded Gore's hideout. One of the officers noticed blood dripping from the trunk of a white Monaco parked in the driveway. The lid was pried open. Inside was the body of Vero Beach High School student Lynn Carol Elliott.

Police advised Gore that they were about to use tear gas if he didn't surrendered. That was enough for Gore. He came out of the house with his hands in the air. A search of the residence uncovered another naked teenage girl cowering in a closet. She told police how she and her friend, Lynn Carol, had been picked up while hitchhiking. Both girls had been viciously raped several times by Gore and Waterfield.

Waterfield had taken off immediately after Gore killed Lynn Carol. He was picked up without incident at a car repair shop he owned. Gore delighted in telling authorities of his escapades with his cousin. In many cases, police did not know the fate of the women who had disappeared. Gore's admission of murder cleared up several of these cases. He was able to lead police to the bodies of some of his victims.

Gore pleaded guilty to the murders of the Lings, Mrs. Daley, Barbara Byer and Angelica Lavalles. For these crimes he was sentenced to five consecutive life sentences. For the murder of Lynn Carol Elliott, he was sentenced to death.

Fred Waterfield stood trial for the murder of Lynn Elliott as well. Although he didn't perform the actual killing, he was found guilty of manslaughter and sentenced to 15 years imprisonment. Tried for the kidnapping and murder of Barbara Byer and Angelica Lavalles, he was found guilty and sentenced by two life sentences to run consecutively. In passing sentence, the presiding judge stipulated that Waterfield not be considered for parole for 50 years.

An unusual footnote to the terrible saga of Gore and Waterfield is Gore's claimed religious rebirth. Professing to be a new man, he began corresponding with a lady through an organization known as the Christian pen Pal Association. The correspondence eventually led to love. Heavily shackled and well guarded, Alan Gore was married in the Indian River County Jail. He presently resides on Death Row in Florida State Prison at Starke, Fla., where he has been incarcerated for the past 21 years.
_________________
"Sell Crazy Someplace Else. We're all stocked up here."

Line from the movie As Good As It Gets

[rumaj]

OK, so does ANYONE KNOW ANYTHING Else about him?
_________________
"Sell Crazy Someplace Else. We're all stocked up here."

Line from the movie As Good As It Gets

[bargainhunter]

Was he on one of those "women who love killers" crime channel programs? One where the nightstalker "couple" were also on it. I dont know the name of the couple I watched but the girlfriend/wife(?) was a blond hairdresser and her "husband" sang "love songs" if not proposals in the courtroom. I dont know what makes me think it's him unless Florida was mentioned and the fact that he aint never getting out and he found God. Im fairly sure those brothers who killed their parents and bought luxury cars were also on it cos I remember thinking that blond GF and the hairdresser GF and mrs nightstalker must all have had the same lobotomist.

[bargainhunter]

Also the size of the him.I saw the mugshot on the link to and he was very similar.

[jack]

The singing one was a different creep. Can't remember his name, but he was the one that killed a bunch of coeds in Gainsville, Fla; and sang to his wife/fiancee, Ms london, who ran a web site selling his sick prison drawings. Danny Rollings, I think, is who you were talking about, AKA: Pliars. Yuk!

[rumaj]

IN THE SUPREME COURT OF FLORIDA
DAVID ALLEN GORE,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
Case No. 80,916
PRELIMINARY SBTRMENT
Appellant, DAVID ALLEN GORE, was the defendant in the trial a court below and will be referred to herein as "Appellant."
Appellee, the State of Florida, was the petitioner in the trial
court below and will be referred to herein as "the State."
Reference to the record will be by the symbol "R," followed by the
appropriate page number(s).

STATEMENT OF THE CASE AND FACTS


On August 17, 1989, Gore's death sentence was vacated by the
United States District Court for the Middle District of Florida
based on a violation of Hitchcock v. Duclcler, 481 U.S. 393, 107 S.
ct. 1821, 95 L. Ed. 2d 347 (1987). The district court found that
Appellant was precluded from presenting evidence of drug and
alcohol abuse, and the dominance exercised by Waterfield over
appellant. Gore v. Ducrcra, 763 F.Supp. 1110 (M.D. Fla. 1989).
That ruling was affirmed in Gore v. Duffcler, 933 F.2d 904 (11th Cir.
1991). Appellant's resentencing was conducted in November 1992.
Appellee accepts appellant's statement of the facts to the
extent that they are an objective account of the facts adduced at
trial. However, the following additions are necessary in order to
present a complete and accurate representation for the Court,
In opening statement, defense counsel outlined for the jury
the sum and substance of his mitigating evidence. According to
counsel, Gore's entire life was influenced by Freddie Waterfield.
(R 1723-1729). Gore's participation in the murder was a result of
that influence. Although Waterfield was as equally culpable for
the murder, he was only convicted of manslaughter, (R 1733). Gore
suffers from the disease of alcoholism, and he was under the
influence of alcohol at the time of the crime. (R 1730-1732).
Months prior to the murder, appellant went through a terrible
divorce. (R 1730).


Regan Martin, the surviving victim, testified that Gore
repeatedly threatened to kill the two girls. (R 1928-1929, 1942).
Waterfield never threatened them. (R 2014). There was very little
conversation between Gore and Waterfield. (R 2013, 2014). Gore
pulled the girls out of the truck when they arrived at the house.
(R 1933). She heard Gore threaten to kill Lynn while Lynn was
gagging- (R 1942). She never smelled alcohol on Gore. His eyes
were not bloodshot and he never slurred his words. (R 1995-1996).
Gore was in complete control. (R 2072). He never looked to
Waterfield for approval. (R 2041). After Waterfield initially
entered the house, she heard Gore and Waterfield whispering. ( R
1932). After that she never heard his voice or saw him again. ( R
2014, 2063, 2077). Waterfield did not sexually assault Martin. (R
2085).
Michael Rock testified that the man turned and looked at Rock
and then jogged back to the house. (R 2154). He never staggered
and did not appear to have problem running. (R 2155). Rock got a
good look at the man, whom he later identified as Gore. (R 2154-
2158). He rode his bike home as fast as he could and called the
police. (R 2156).
Detective Redstone stated that the murder occurred at
approximately 3:35 p.m. on July 26, 1983. (R 1751, 1758). The
murder occurred at the home of Gore's parents, who were away on
vacation. (R 1756). The police arrived at Gore's residence at
4:02 p.m. (R 2163). The police knocked on the front door, but no
one responded. (R 2169). At 4:23 p.m. an emergency call came into
the police station. The person said that he heard screams from a
nearby orange grove, and that a man was chasing a woman. The woman
was injured. (R 2173). A second call was placed to "911" at 4:25
p.m. (R 2174). The caller said that the screams were farther away
from the house. (R 2174), The calls originated from the Gores'
home. (R 2172). Lynn Elliott's body was found in the trunk of a
car in the driveway. (R 2179). Redstone, an expert in field
sobriety tests, opined that when Gore was arrested he was not under
the influence of alcohol. (R 2299-2300). There were no obvious
signs of alcohol impairment. (R 2209, 2312).
Captain Dubois testified that at the time of Gore's arrest
Gore was alert and responsive. (R 2409). There was no smell of
alcohol, and his eyes were not bloodshot. (R 2411).
Daniel Nippes testified that Gore's jeans had saliva and sperm
in the crotch and fly area. (R 2476). If Waterfield did sexually
assault Lynn Elliott, he could not have been the only one to do so.
(R 2476). According to Nippes, the forensic evidence is consistent
with Elliott being forced to perform oral sex. (R 2477). There
was no semen, saliva or hair found on Waterfield's clothes. (R
2483-2485).
The medical examiner testified that Elliott's injuries were
very painful. (R 2512-2516). The abrasions to her hip, shoulder,
and knees were consistent with being dragged. (R 2509). All
injuries occurred before death. (R 2530-2532).

APPELLANT'S CASE
George Stoke's had limited contact with Gore while they were
growing up. (R 2722).
William Bowling, appellant's brother-in-law, testified that
Gore's father was a good, genuine man. (R 2769). Waterfield did
not live in Vero Beach for three years prior to the murder. (R
2767). Bowling did not see appellant that day. (R 2772). He
could not say that appellant was under the influence of alcohol on
the day of the murder. (R 2776).
Dr. Maher, a psychiatrist, testified that he interviewed
appellant on October 14, 1992, for two hours, and on the night
before his testimony for an additional hour. (R 2897). Maher did
not know all of the facts about the murder and did not think that
it was necessary to know about them. (R 2902). Maher did not
speak to Waterfield. (R 2912).
Maher opined that Gore was intoxicated the day of the crime.
The basis for that opinion came from Gore's statement, Regan
Martin's statement, and the fact that a half-empty vodka bottle was
found in the house. (R 2914-2917). He further relied on the fact
that Gore's earlier conviction for armed trespass involved alcohol.
(R 2928). He stated that he relied heavily on Gore's statement to
him. (R 2918). Gore told Maher that he did not have an erection
that day and that he did not ejaculate. (R 2912-2922). Gore also
told Maher that Waterfield was not there for most of the crime, and
that Gore acted on his own. (R 2942, 2954). Waterfield was not
the cause of Lynn Elliott's murder. (R 2964).
5
Alva Gore, appellant's father, testified that his family never
went hungry or without medical attention. (R 3028). He and
appellant were close. His wife, appellant's mother, stayed home
and took care of the children growing up. (R 3027). Appellant's
eyes would turn red and his speech would slur when he drank. (R
3037).
Dr. Peter Malacuso testified that he reviewed appellant's DOC
file which does not indicate that Gore had a history of substance
abuse. (R 3086). Gore did not drink while he was in prison for
two years. He got out of jail four months before this crime
occurred. (R 3089). Appellant told the doctor that he had twenty
to twenty-four ounces of vodka before the murder, (R 3104). Dr.
Malcuso did not speak to the police.
STATE'S REBUTTAL
Officer Raymond testified that he did not smell alcohol on
Gore when he was arrested. (R 3219) . There is no question in his
mind that he was not under the influence of alcohol that day. (R
3219).
Dr. Cheshire testified that, in his opinion, it was not
possible for appellant to have ingested that much alcohol and not
show signs of impairment. (R 3433, 3441). Gore knew what he was
doing that day. He tried to divert the police's attention by
calling \\911." Appellant is smart and a quick thinker. (R 3446).
He was not under Waterfield's influence during the commission of
this crime. (R 3446).
The trial court found the following six aggravating factors:
(1) the capital crime was committed by a person under sentence of
imprisonment; (2) appellant was previously convicted of another
capital offense or of a felony involving the use or threat of
violence to some person; (3) The crime was committed while
appellant was engaged in both kidnaping and sexual battery; (4) the
murder was committed for the purpose of avoiding a lawful arrest;
(5) the capital felony was heinous, atrocious or cruel; and (6) the
capital felony was cold, calculated and premeditated. (R 4564-
4569).
The trial court did not find any credible evidence to support
a finding of any of the statutory mitigating factors. (R 4570-
4572). The court did find as non-statutory mitigating evidence
that appellant exhibited exemplary conduct in prison and has the
capacity to be a model prisoner in the future; that he comes from
an impoverished childhood; that he showed exemplary behavior at
trial; that appellant loves his children; and that appellant may
have been depressed at the time of this murder. (R 4572-4575).
The trial court found insufficient evidence to support nonstatutory
mitigation that appellant confessed to the crime; that
Waterfield was treated disparately; that appellant had a history of
alcoholism and a history of depression. (R 4572-4576).

SUMMARY OF ARGUMENT
Issue I - Appellant alleges that the trial court erred in
denying several cause challenges, This issue is not preserved for
appeal. In the alternative, appellant cannot establish that any
juror who sat in his case was objectionable.
Issue II - The jury was properly instructed on the sentencing
alternatives they were to consider. Appellant was not precluded
from arguing to the jury that he would never be paroled from prison
if he were given a life sentence.
Issue III - Appellant's conviction for armed trespass of a
conveyance satisfied the aggravating factor of "prior violent
felony".
Issue IV - There was sufficient evidence to establish the
aggravating factors of "avoid arrest," "cold, calculated and
premeditated," and "heinous, atrocious or cruel."

Issue V - The jury was properly instructed regarding
mitigating evidence. The trial court properly declined to give
appellant's special jury instruction regarding mercy.

Issue VI - The trial court properly refused to give the myriad
array of special jury instructions requested by appellant.
Appellant's challenge to the jury instructions regarding the
aggravating factors was not preserved for appeal. In the
alternative, the instructions were constitutionally sound.

Issue VII - The state did not violate its prior agreement with
Gore regarding his convictions for five other murders.
Issue VIII - The state's argument to the jury was proper.

Issue IX - The trial court properly denied appellant's request
to challenge the identification made of Gore by eyewitness Michael
Rock. Appellant was not precluded from cross-examining Rock
regarding that identification.
Issue X - Appellant was not precluded from presenting his
statement implicating Waterfield in the murder.
Issue XI - The trial court properly allowed Dubois to testify
about the inconsistencies in the evidence. If error, it was
harmless error beyond a reasonable doubt.
Issue XII - The state was properly allowed to talk to its
witness during a break in the direct examination.
Issue XIII - The trial court never precluded appellant from
addressing the court prior to sentencing.
Issue XIV - Judge Vaughn's temporary assignment to conduct a

portion of circuit court matters in addition to his county court
duties was permissible.

Issue XV - The trial court correctly ordered Gore to submit to
a psychological examination by a state psychiatrist.

Issue XVI - There was no retroactive application of law to
Gore's resentencing.

ARGUMENT

WHETHER THE TRIAL COURT PROPERLY
DENIED APPELLANT'S CAUSE CHALLENGES

Appellant claims that the trial court erred in denying cause
challenges on the following people: Mr. Patterson, Mr. Donithan,
Ms. Agostini, Mr. Wales, Mrs. Kramer, Mr. Miller, Ms. Arcomone, Mr :
Gehart. As a result, the a jury panel contained the following four
objectionable jurors: Mr. Donithan, Ms. Kramer, Ms. Arcomone, and
Mr. T0bin.l This claim should be denied either based on procedural
default or on the merits,

To preserve this issue, an appellant must exhaust all his
peremptory challenges, request additional strikes, and indicate
whom he would strike if his request for additional challenges was
granted. If his request is denied, an appellant must then
demonstrate that the panel contained an objectionable juror.

Pentecost v. State, 545 So. 2d 861, 863 n.1 (Fla. 1989), and
Trotter v, Stati, 576 So. 2d 691, 693 (Fla. 1990).
In the instant case, appellant has not preserved this issue
for appeal. Appellant attempted to challenge for cause Kramer,
Arcomone and Donithan. His cause challenges on all three were
denied. (R 1328, 1382-1388, 1430). Appellant requested three
additional strikes, informing the court that he would exercise them
1 Although appellant characterizes Tobin as an objectionable
juror, he was never challenged for cause before the trial court.


on Kramer, Tobin, and Arcomone.2 He was given one additional
strike, yet he failed to use that strike on u of the three jurors
he identified as objectionable. Given appellant's acquiescence to
those jurors, this issue is not preserved for appeal. .cLRhodes
v, State, 638 So. 2d 920, 924 (Fla. 1994) (finding that after
passing up opportunity to rehabilitate juror and then affirmatively
acquiescing to judge's decision to excuse juror waives issue for
review); Gunsbv v, State, 574 So. 2d 1085, 1088 (Fla. 1991)
(finding that failure to object to the trial court's procedure
wherein the court sua sponte discharged jurors waived issue for
appellate review).

Were this issue properly preserved, the trial court's
rejection of appellant's cause challenges was nevertheless correct.
A juror is competent as long as he can lay aside any prejudices or
biases he may have and render a verdict solely on the evidence.
Lusk v. State, 446 So. 2d 1038, 1041 (Fla.), cert. denied, 469 U.S.
873, 105 S. Ct. 229, 83 L. Ed. 2d 158 (1984). Deciding if a juror
should be excused for cause should be based on what is observed and
heard. Since the judge must evaluate the credibility of the
responses, the court possesses discretion in its decision.

Pentecost v. State, 545 So. 2d 861 (Fla. 1989). A challenge for
cause is not appropriate simply because a person has a strong
opinion about any particular subject. & Fitzpatrick v. State,
437 so. 2d 1072, 1075 (Fla. 1983) (ruling that strong feelings in
2 Appellant did not seek an additional strike on Donithan.

favor of the death penalty do not render a prospective juror
incompetent in capital cases). As long as jurors indicate that
they are able to abide by the court's instructions, irrespective of
personal feelings, a cause challenge need not be granted. Penn v.
State, 574 So. 2d 1079 (Fla. 1991). If there is record support for
the judge's conclusions regarding juror competency, reversal is not
warranted. Johnson v. State, 660 So. 2d 637, 644 (Fla. 1995).
With these principles in mind, the state submits that appellant has
not established error.

Appellant claims that juror Kramer should have been stricken
because (1) she stated that, in her personal view, sympathy and
mercy should not be considered in a capital sentencing procedure;
and (2) Ms. Kramer, a rape victim, gave ambiguous responses to
questions concerning her ability to be impartial.3 She stated on
more than one occasion that she could and would put aside her
personal feelings and follow the judge's instructions, even if
those instructions were in opposition to her personal feelings. (R
573, 579). She unambiquouslv stated that her prior experience as
a rape victim would not in any way affect her ability to be
impartial. (R 1162-1167). The trial court's denial of a cause

--------------------------------
3 Aside from the procedural default raised at the outset,
there exists an additional reason which precludes review with
respect to Kramer. When appellant's challenge for cause was
denied, he possessed several peremptory strikes, yet Kramer was not
stricken. Given appellant's failure to rectify the alleged error
by removing her peremptorily, review should be denied. &
Pentecost v. State, 545 So. 2d 861, 863 n.1 (Fla. 1989) (finding
that to establish that an objectionable juror existed, defendant
must use existing peremptory strike on juror who was unsuccessfully
challenged for cause).

MORE AT: (start on page 13)
http://www.law.fsu.edu/library/flsupct/80916/ans80916.pdf
_________________
"Sell Crazy Someplace Else. We're all stocked up here."

Line from the movie As Good As It Gets

[rumaj]

David Alan Gore and Fred Waterfield, criminal cousins in Florida, took to hunting down women during the early 1980s for their violent sexual pleasure. Gore served as an auxiliary sheriff's deputy, which made their "hobby" much easier to pull off. Waterfield offered Gore $1,000 for each pretty girl he could bring back. He used his badge to get girls into his car, taking his first victim off a school bus and driving her home to get her mother, so he would have two. He raped them both, and when Waterfield arrived, he tied up the mother so tight that she choked to death. He then raped the teenager and murdered her, leaving Gore to get rid of the bodies.

Waterfield demanded a blonde and Gore complied by disabling Judith Daley's car and offering her a ride to a phone. They raped her, killed her, and then dumped her in a swamp for the alligators to feed on.

Their next victims were a pair of female hitchhikers, who were raped and then shot. The spree ended when someone phoned in a report that a naked man was chasing a naked woman, firing a gun. The police arrived at the suspect�s house to find the body of a 17-year-old girl in the trunk of Gore's car. Gore surrendered and showed the officers to the attic. There they found a 14-year-old girl, still alive, bound to the rafters. She was a friend of the dead girl, and they had been hitchhiking together.

Gore quickly turned on his cousin, describing their criminal history in detail. Waterfield was caught, both of them were convicted of rape and murder, and Gore received a death sentence while Waterfield got two life sentences.

PHOTO AT:
http://www.crimelibrary.com/serial_killers/partners/team_three/6.html
_________________
"Sell Crazy Someplace Else. We're all stocked up here."

Line from the movie As Good As It Gets

[bargainhunter]

Rolling's gone so hopefully Gore and whatsisname's turn is soon. Sorry for the mistake- the two did look a bit alike around the eyes. Maybe the hairdresser could hook up with him now.

[bargainhunter]

I think the partnering up aspect of these types of criminals truly chilling.Probably because it implies games/game. Follow the leader for a start. Double the trouble,fear, pain and suffering for the victim and way less chance of survival. Predators who hunt in pairs or gangs should be castrated .They are the yellowest there is and they wouldnt miss what they never had.

[Sam]

I love his line "I don't share my love for cannibalism with most people because they are pretty repulsed by even the thought of eating human flesh. So that's something I keep to myself
Yeah, keep it to yourself by telling the world...
Lioness - so agree with you about people falling for these weirdos. Its an extension of "only I understand and can cure him" I am SURE you are not like this. To be honest I think a lot of us would love to hear from the killers side, I hate all this "he is EVIL" stuff, at one point even the most depraved killer was a little kid. Even the worst person we can imagine will have some good points. Its just that the women that fall in love with them choose to see only that, and discount everything else. It reminds me of battered wives who say "he is really gentle and loving, when he is not hitting me"

[rumaj]

David Gore says cannibalism, but nothing I"ve read so far suggests it.
_________________
"Sell Crazy Someplace Else. We're all stocked up here."

Line from the movie As Good As It Gets

[lrobertson511]

My father was a retired policeman in Vero when these crimes occured and knew Gore since childhood. One day Dad and his brother were in the groves running their coon dogs. When they went to load them up in their truck, Gore and his cousin approached them offering to buy the dogs. Dad said he was not interested but they upped the price. Of course, knowing nothing then that bodies were buried in those groves, it was only later did they understand their interest in their tracking hounds. Also, as a young girl, I rode horses with Jeanne and I believe she was in Dolphinettes with me too.
I can remember my intense saddness and horror upon hearing her daughter Lynn had been killed. As best as I can remember, Dad said Gore and his cousin were close and often hunted and prowled the canals and groves around Vero. And of course, it was in one of those canals that the head of Adam Walsh was found.