Conviction overturned in 2008 Fort Myers murder
The News-Press 9:55 PM, Aug. 19, 2011
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"A man imprisoned for a Fort Myers murder may soon be released after a rare move today by the Second District Court of Appeals overturned his conviction.
Stephen Colletti, 36, was found guilty of third-degree murder in 2009 for bludgeoning to death disabled Level nightclub owner Roger Patch, 42, in 2008.
He was sentenced to the maximum, 30 years.
But the appeals court ruled the state didn’t prove Colletti and his two co-defendants stole at least $100 worth of items from Patch after the killing.
The ruling points to new case law that contends that in a third-degree murder case, the state must prove the underlying felony — in this case, grand theft — in order to get a conviction. The minimum threshold to prove grand theft is $100.
The state failed to do that, the appeals court ruled, so the conviction doesn’t hold.
Even though the state showed Colletti and the others stole a wall safe, DVR, laptop and phone, the appeals court ruled there was no evidence as to the age or condition of those items.
Even though the state showed Colletti and the others stole a wall safe, DVR, laptop and phone, the appeals court ruled there was no evidence as to the age or condition of those items.
Therefore, the evidence did not support a determination the value so obviously equaled or exceeded $100 that it was indisputable.
During Colletti’s second trial, defense attorney John Mills moved for an acquittal on those grounds, but was denied by Circuit Judge Margaret Steinbeck. Now, the appeals court has sided with him.
“The whole case was somewhat unusual, but yes, it’s very rare for a murder conviction to be overturned,” Mills said, noting it’s never happened in one of his cases in 21 years of practicing law.
“But I think the court followed the law, and I’m pleased Mr. Colletti is going to be a free man.”
Patch, who was paraplegic, was found beaten to death in the bedroom of his Overlook Drive home in September 2008.
Prosecutor Dan Feinberg laid out the case that Colletti and two others — Victor Figueroa and Carlos Valentin Jr. — drove from Palm Beach to Patch’s home, beat him and looted the residence. Colletti first went to trial in April 2009. Jurors acquitted him on charges of second-degree murder and aggravated battery, but were deadlocked on whether he committed third-degree murder.
He was retried and convicted on the third-degree murder charge. Steinbeck, noting his 2002 robbery conviction, sentenced him to the maximum as a habitual violent felony offender. He’s been in Hardee Correctional Institute since.
Figeuroa, 31, took a plea deal for five years in prison and 10 years probation in exchange for his testimony against Colletti. Valentin, 26, is scheduled for trial Sept. 2.
State attorney’s office spokeswoman Samantha Syoen said appellate courts typically uphold convictions. Her office is reviewing the decision, and will be discussing options with the state attorney general’s office before choosing whether to fight the ruling.
State attorney’s office spokeswoman Samantha Syoen said appellate courts typically uphold convictions. Her office is reviewing the decision, and will be discussing options with the state attorney general’s office before choosing whether to fight the ruling.
“When we tried this case, we had a jury that felt the evidence was there to convict and we had a judge who agreed with that as well and we felt very confident in our case,” Syoen said. “We’ve contacted the family and they’re extremely disappointed and upset, as are we.”
Patch’s 82-year-old mother, Pauline Patch, said Friday she was heartbroken to hear the news. She described her son, who lived just a few blocks from her, as gentle and kind to a fault. Colletti, she said, had shown no remorse.
“All we have had to go through with all of this, it’s been so hard, and now they’re just going to let him go,” Patch said. “I think this man is going to destroy someone else too. There is no doubt in my mind.”"
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I'm pleased I was able to make arguments at trial that persuaded the appellate court and resulted in my client's conviction being overturned.
