High court considers Spaziano
Dublin Core
Title
High court considers Spaziano
Subject
Capital punishment.--United States.--History.
Spaziano, Joe.
Lawyer.--Mello, Michael.
Description
Michael Mello, lawyer for Joseph Spaziano, claimed that Spaziano was innocent at the Florida Supreme Court after a witness from a previous trial in 1976 changed his story. Those in disagreement with Mello’s claim questioned why the information never came out before. The witness had not yet filed an official statement acknowledging that he changed his story. Mello argued that the witness refused to do so. Mello planned to go to the Supreme Court with the case because he had no confidence in his chances at the appellate level.
Creator
Griffin, Michael
Source
Griffin, Michael. "High Court Considers Spaziano."
Publisher
HIST 298, University of Mary Washington
Rights
The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source.
Format
2 JPGs
300 DPI
Language
English
Coverage
Tallahassee, FL
Text Item Type Metadata
Text
[start of the first page]
[header]
High court considers Spaziano
[sub-header]
‘Free form’ appeal requests new trial
By Michael Griffin
TALLAHASSEE BUREAU CHIEF
[start of the first column]
TALLAHASSEE—A lawyer for Joseph “Crazy Joe” Spaziano took his client’s claim of innocence to the Florida Supreme Court on Thursday in perhaps the last appeal for the biker convicted of killing an Orlando woman.
The court did not rule immediately but is expected to act soon—Spaziano, 49, is scheduled to die in the electric chair on Sept. 21.
In unusual oral arguments for what Justice Harry Lee Anstead described as a “free form” appeal, Spaziano’s attorney asked the court to order a new trial since a key witness in the 1976 trial has changed his story.
“Mr. Spaziano is innocent, he’s actually innocent and I want to be very clear on that,” Vermont law professor Michael Mello told the seven justices. “If I had the opportunity to prove Mr. Spaziano’s innocence before a jury, he would be acquitted.”
Assistant Attorney General Margene Roper argued that Spaziano had his chances during 19 years of appeals, including four treks to the state Supreme Court, two appearances before the U.S. Supreme Court and two requests for clemency from the governor.
Gov. Lawton Chiles rejected the second clemency bid two weeks ago and signed Spaziano’s fifth death warrant.
“He is out of claims and clemency is the proper proceeding,” Roper said. “He went that route and quarrels with the result so now he comes here.”
Both attorneys came under sharp challenges by justices.
Anstead told Mello that his appeal does not specifically argue any discernible point of law and that it did not address two basic criteria: Is the new evidence he is presenting compelling enough to alter the original verdict, and why the new evidence was not brought forth sooner?
Justice Ben Overton asked Mello why his 1,500-page appeal, which includes newspaper clippings and folk song lyrics, did not include a written statement from Anthony DiLisio, who now denies that Spaziano showed him the body of 18-year-old Laura Harberts at an Altamonte Springs dump in 1973.
[end of the first column]
[end of the first page]
Please see Spaniazo, D-4
[end page one]
[start page two]
[header]
Lawyer may appeal again to U.S. court
SPAZIANO from D-1
[start of the second column]
“You have not filed a statement from DiLisio that his testimony is false,” Overton said. “You have not filed anything in this record that says ‘I swear,’ an oath by DiLisio.”
Mello said DiLisio had refused to sign such an affidavit and “he is difficult to deal with.”
Mello later told reporters that DiLisio “doesn’t like to sign things” and was afraid he could be charged with perjury if he signed an affidavit.
But Kelli McGraw, DiLisio’s attorney in Pensacola, said her client always has been willing to sign an affidavit and offered it to Mello months ago. She said he never got back to her.
“We’re scrambling to get Tony now,” McGraw said Thursday. “He swears what he says now is true and he’s willing to sign a sworn, notarized affidavit.”
Justices Gerald Kogan and Leander Shaw expressed concern over Mello’s claim that he lacks money to hire investigators for Spaziano’s defense.
“There is an allegation out there
[end of the second column]
[start of the third column]
and it is a strong one,” Kogan said. What is Mr. Spaziano to do?”
Mello told reporters after the hearing he would probably not appeal the case anywhere else but to the U.S. Supreme Court because he
[end of the third column]
[start of the fourth column]
thinks he would lose at appellate levels.
“I came in here thinking there was a 1 percent chance for a stay,” Mello said. “Now I think it’s 2 percent.”
[end of the fourth column]
[Photograph by Associated Press; photo caption]: Attorney Michael Mello maintains Joseph Spaziano’s innocence before the Supreme Court. Spaziano is scheduled to be executed in 2 weeks.
[end of article]
[header]
High court considers Spaziano
[sub-header]
‘Free form’ appeal requests new trial
By Michael Griffin
TALLAHASSEE BUREAU CHIEF
[start of the first column]
TALLAHASSEE—A lawyer for Joseph “Crazy Joe” Spaziano took his client’s claim of innocence to the Florida Supreme Court on Thursday in perhaps the last appeal for the biker convicted of killing an Orlando woman.
The court did not rule immediately but is expected to act soon—Spaziano, 49, is scheduled to die in the electric chair on Sept. 21.
In unusual oral arguments for what Justice Harry Lee Anstead described as a “free form” appeal, Spaziano’s attorney asked the court to order a new trial since a key witness in the 1976 trial has changed his story.
“Mr. Spaziano is innocent, he’s actually innocent and I want to be very clear on that,” Vermont law professor Michael Mello told the seven justices. “If I had the opportunity to prove Mr. Spaziano’s innocence before a jury, he would be acquitted.”
Assistant Attorney General Margene Roper argued that Spaziano had his chances during 19 years of appeals, including four treks to the state Supreme Court, two appearances before the U.S. Supreme Court and two requests for clemency from the governor.
Gov. Lawton Chiles rejected the second clemency bid two weeks ago and signed Spaziano’s fifth death warrant.
“He is out of claims and clemency is the proper proceeding,” Roper said. “He went that route and quarrels with the result so now he comes here.”
Both attorneys came under sharp challenges by justices.
Anstead told Mello that his appeal does not specifically argue any discernible point of law and that it did not address two basic criteria: Is the new evidence he is presenting compelling enough to alter the original verdict, and why the new evidence was not brought forth sooner?
Justice Ben Overton asked Mello why his 1,500-page appeal, which includes newspaper clippings and folk song lyrics, did not include a written statement from Anthony DiLisio, who now denies that Spaziano showed him the body of 18-year-old Laura Harberts at an Altamonte Springs dump in 1973.
[end of the first column]
[end of the first page]
Please see Spaniazo, D-4
[end page one]
[start page two]
[header]
Lawyer may appeal again to U.S. court
SPAZIANO from D-1
[start of the second column]
“You have not filed a statement from DiLisio that his testimony is false,” Overton said. “You have not filed anything in this record that says ‘I swear,’ an oath by DiLisio.”
Mello said DiLisio had refused to sign such an affidavit and “he is difficult to deal with.”
Mello later told reporters that DiLisio “doesn’t like to sign things” and was afraid he could be charged with perjury if he signed an affidavit.
But Kelli McGraw, DiLisio’s attorney in Pensacola, said her client always has been willing to sign an affidavit and offered it to Mello months ago. She said he never got back to her.
“We’re scrambling to get Tony now,” McGraw said Thursday. “He swears what he says now is true and he’s willing to sign a sworn, notarized affidavit.”
Justices Gerald Kogan and Leander Shaw expressed concern over Mello’s claim that he lacks money to hire investigators for Spaziano’s defense.
“There is an allegation out there
[end of the second column]
[start of the third column]
and it is a strong one,” Kogan said. What is Mr. Spaziano to do?”
Mello told reporters after the hearing he would probably not appeal the case anywhere else but to the U.S. Supreme Court because he
[end of the third column]
[start of the fourth column]
thinks he would lose at appellate levels.
“I came in here thinking there was a 1 percent chance for a stay,” Mello said. “Now I think it’s 2 percent.”
[end of the fourth column]
[Photograph by Associated Press; photo caption]: Attorney Michael Mello maintains Joseph Spaziano’s innocence before the Supreme Court. Spaziano is scheduled to be executed in 2 weeks.
[end of article]
Original Format
Newspaper
Contributor of the Digital Item
Shiflett, Maddie
Student Editor of the Digital Item
Williams, Megan
Files
Citation
Griffin, Michael, “High court considers Spaziano,” HIST299, accessed July 7, 2024, http://hist299.umwhistory.org/items/show/211.