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[W] Dorbal v. State10/10/2002
OPINION WITHDRAWN and new opinion filed January 30, 2003. Appellant's Motion for Rehearing denied January 30, 2003.
NOEL DOORBAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
An Appeal from the Circuit Court in and for Dade County, Alex Ferrer, Judge - Case No. 95-17381 (B)
Scott W. Sakin, Special Assistant Public Defender, Miami, Florida, for Appellant
Robert A. Butterworth, Attorney General, and Sandra S. Jaggard, Assistant Attorney General, Miami, Florida, for Appellee
The opinion of the court was delivered by: Per Curiam
Noel Doorbal (Doorbal) appeals his convictions of first-degree murder and his sentences of death. We have jurisdiction. See art. V, ยง 3(b)(1), Fla. Const. For the reasons set forth below, we affirm the first-degree murder convictions and the sentences of death. We also affirm all of Doorbal's other convictions and sentences.
FACTS
Doorbal's case has intricate facts involving many persons. The criminal charges in this case are related to the abduction, extortion, and attempted murder of Marcelo (Marc) Schiller, and the abduction, attempted extortion, and murders of Frank Griga and Krisztina Furton. Abduction, Extortion, and Attempted Murder of Marc Schiller
In the early 1990's, Marc Schiller, a wealthy Miami businessman, owned an accounting firm, Dadima Corporation. His business expanded into providing services that were reimbursed by Medicare. Schiller hired Jorge Delgado to assist 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, along with the name "Dadima Corporation." Schiller selected a new name for his accounting business of "D.J. & Associates." After selling the Medicare portion of his business to Delgado, Schiller continued to perform consulting work for Delgado and Dadima Corporation.
Delgado exercised at Sun Gym in the Miami area, where Doorbal's co-defendant, Daniel Lugo, was employed. Delgado and Lugo became good friends, and at times Lugo would even accompany Delgado on visits to Schiller's home. Through this association, Delgado also came to know Doorbal. Schiller viewed Lugo as 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 he 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 Schiller's questions and became very angry. Thereafter, Schiller and Delgado severed 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 informed Delgado that Schiller had also been cheating Lugo. When Delgado confronted Schiller with allegations of cheating in the billing operation, Schiller flatly denied the accusations.
Lugo enlisted Doorbal and several other individuals in a plot to kidnap Schiller, with the goal of forcing him to sign over assets
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