An appeals court upheld the 2019 conviction of Pablo Ibar, who is serving a life sentence for the June 1994 “Casey’s Nickelodeon” murders that once had him on death row.
Ibar, 51, was convicted after a second retrial that attracted international attention from opponents of the death penalty, who followed his plight through family members claiming Ibar was innocent.
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His cause was boosted in 2012 when his co-defendant, Seth Penalver, was retried and acquitted. But unlike Penalver, Ibar was found guilty. He was sentenced to life in prison by a jury that voted 9-3 to sentence him to death. Florida law required a unanimous recommendation at the time to impose a death sentence.
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Ibar is serving his sentence for the 1994 murders of Casimir “Butch Casey” Sucharski, owner of Casey’s Nickleodeon nightclub in Hollywood, Sharon Anderson and Marie Rogers, who were found shot to death in Sucharski’s Miramar home. The crime was captured on a grainy surveillance video that was played for the jury. In the video, one of the assailants removes the material that was covering his face. Prosecutors said that killer was Ibar.
DNA evidence on a T-shirt left behind also tied Ibar to the crime scene.
Ibar was originally tried jointly with Penalver in the late 1990s. The jury deadlocked. After that, the men were tried separately in 1999 and 2000. Both were convicted and sentenced to death only to have the Florida Supreme Court grant the retrials.
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The rejection of Ibar’s latest appeal won’t spell the end of his quest for exoneration, said defense lawyer Joe Nascimento. “The court only addressed one of the 12 issues we raised,” he said. “We’ll be asking for a rehearing and a written decision on all the issues.”
The Fourth District Court of Appeal rejected a defense argument at the judge on the case, Dennis Bailey, improperly refused to consider the account of a witness who came forward after the verdict was reached to say he regretted his decision. The juror did not allege any misconduct, the appeals court found.
Rafael Olmeda can be reached at [email protected] or 954-356-4457. Follow him on Twitter @rolmeda.
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