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Killer Wants Death Sentence Overturned In 1983 Case

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: November 4, 2008

TAMPA - A man sentenced to die for killing his girlfriend's 15-year-old daughter in 1983 filed a petition in U.S. District Court today seeking to have his sentenced overturned.

Wayne Tomkins, a former roofer, was sentenced to death in 1985 for killing Lisa DeCarr and burying her in a shallow grave beneath her east Tampa home. A unanimous jury recommended the death penalty. His case has been through numerous state and federal appeals. The Florida Supreme Court last upheld the conviction and sentence in May 2007.

The new petition asserts several arguments, including that Tomkins' death warrant since 2001 constitutes cruel and unusual punishment and that the state of Florida's method of execution is cruel and unusual. The petition also says prosecutors withheld favorable evidence and improperly communicated with the trial judge about Tomkins' sentence.

DeCarr disappeared from her home in March 1983. Her skeletal remains, her pink bathrobe and pieces of her jewelry were found under the home three months later.

A friend of DeCarr testified at the trial that she entered the home on the morning of the disappearance and saw DeCarr struggling with Tompkins while Tompkins was on top of her on a couch trying to remove her clothes.

The friend said the victim asked her to call police, but instead the friend told DeCarr's boyfriend and went to school.

The petition contends that the defense was unaware at the time of the trial of evidence that could have helped discredit prosecution witnesses.

Tompkins had a previous conviction in Pasco County for kidnapping and rape.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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