1 20 60 https://hist299.umwhistory.org/files/original/3e515c0ecd34c993fa3645de52bf4fa0.jpg 049e75c202ae484e109f26edd6fb45da Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Let juries decide on capital punishment Subject The topic of the resource Death penalty. Capital punishment--Florida. Juries. Florida. Capital punishment. Description An account of the resource A letter to the editor of the Miami Herald by Michael A. Mello about Florida's conflicted capital punishment statute. Creator An entity primarily responsible for making the resource Michael A. Mello Source A related resource from which the described resource is derived The Miami Herald Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1984-11-13 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 jpg. Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida 1984 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document To The Editor: Your recent editorial urging legislative repeal of Florida’s jury override in capital cases was right on target. Earlier this year, the U.S. Supreme Court decided that Florida may, consistent with the Constitution, permit judges to impose death even if the jury votes for life imprisonment. But the question for Legislature remains: Should we retain the override? History, logic, and common sense counsel that we should not. Capital punishment is an expression of society’s outrage at especially offensive conduct. In deciding whether a person deserves to live or die, the capital sentencer’s principal task is to decide where the individual defendant and his crime fall on the yardstick of community outrage. Because the death decision is a communal one, and because the jury is, by definition, the voice of the community, a greater degree of reliability is achieved if the representatives of the community are heard from and followed. A jury, selected in a fashion designed to assure representation is better able to convey the community’s will than a single judge. For this reason, virtually every other state with the death penalty entrusts the sentencing decision to the jury and, until recently, Florida was no exception. In 1872, Florida entrusted its juries with the decision on death. There it remained until 1972, when the U.S. Supreme Court ruled that every capital statute in the nation (including Florida’s) was un-Constitutional. The problem was that the Supreme Court in 1972 did not tell the states how to correct the Constitutional flaw that had invalidated the statutes. It was in the midst of this Constitutional confusion that the Florida Legislature set about drafting our present statute. The override was thus a product of understandable confusion over what the Constitution required of a capital-punishment statute. The legislative history and subsequent judicial construction of the override show that Florida’s decision to employ this curious device was the death penalty in a form consistent with the Constitution, rather than a legislative judgment that judges make better capital sentencers. But the years since 1972 have taught that the override is not required by the Constitution. In fact, of the 38 states with the death penalty, 30 require a jury’s consent for death. In five of the other state, the judge alone decides penalty. In the only three states, including Florida, does the jury make a non-binding recommendation. Almost every other jurisdiction with the death penalty has rejected the jury override, and for good reason. Florida should join them. Michael A. Mello Assistant Public Defender Editor’s Note: Mr. Mello was the counsel in Spaziano vs. Florida, the case in which the U.S. Supreme Court upheld the Constitutionality of Florida’s jury override. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper letter to the editor Contributor of the Digital Item Person submitting the digital item to the collection. Muchnick, Andrew Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Let juries decide on capital punishment Subject The topic of the resource Capital punishment (Canon law) Capital punishment--United States Jury ethics Description An account of the resource A letter to the editor by Michael A. Mello about Florida's somewhat confusing capital punishment statute and the influence of legislators and the Supreme Court. Creator An entity primarily responsible for making the resource Mello, Michael A. Source A related resource from which the described resource is derived The Miami Herald Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1984-11-13 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Miami, Fl https://hist299.umwhistory.org/files/original/f6d818a534019a56ed35b3983f7f1765.jpg 9f3c091fdcb5b2788f4974f4babeb166 https://hist299.umwhistory.org/files/original/79d8cc8afadddc8c35bb30a8b44a7f5a.jpg 3a3a9d20d1292f7bed5c13c2fce79b6a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Huffman, Suzanne Text Any textual data included in the document SUPPOSE trial judges were free to dispatch a criminal defendant to prison even after a jury of his peers had declared him not guilty. Unthinkable? Of course it is. Yet that's precisely how the death sentence is administered in Florida, where judges are empowered to condemn a convicted murderer to death even if the jury unanimously recommends a life prison sentence. Aldebert Rivers was convicted of first-degree murder in 1982 for his role in the shooting death of a North Miami waitress. Nine men and three women deliberated only an hour before returning their guilty verdict. Later, after another hour of deliberation, the same jury recommended that Rivers be sentenced to life in prison. Dade Circuit Judge Ellen Morphonios accepted the jury's finding of guilt but rejected its recommendation for mercy, arguing that the aggravating circumstances of Rivers's crime compelled his execution. Last week, in a unanimous ruling, the Florida Supreme Court rebuked Judge Morphonios for defying the jury's recommendation and ordered Rivers's sentence commuted to life in prison. Of the 38 states that permit capital punishment, only three allow trial judges to override a jury's recommendation for mercy. Judges in Alabama and Indiana have invoked that authority sparingly. But in Florida, already home of the nation's largest condemned-inmate population, trial judges have imposed the death penalty over the jury's objections 87 times since capital punishment was restored in 1972. The state supreme court wisely has declared that judges who overrule a jury's recommendation of life will be sustained only when the facts suggesting a sentence of death are "so clear and convincing that virtually no reasonable person could differ" with the judge's decision. After reviewing 62 cases in which a judge imposed the death penalty over the jury's objections, the high court has upheld only 19 death sentences. Seven of the 19 subsequently were overturned by Federal appellate courts. Capital punishment is the state's proper prerogative, but there is great folly and danger inherent in a system that allows a single judge to override the collective wisdom of 12 ordinary citizens. Florida juries have showed no reluctance to recommend the ultimate penalty when the circumstances of a particular murder compel it. The customary practice of excluding from first-degree murder juries those who acknowledge an unalterable opposition to the death penalty should endow a jury's recommendation of mercy with even greater weight. State legislators have ducked several opportunities to bring Florida into step with the vast majority of states who have circumscribed the judge's sentencing authority in capital cases. Judge Morphonios's overzealousness in the Aldebert Rivers case underlines the need to reassert the jury's role as the community's conscience. Oh, Danny! THERE'S probably no truth to the rumor that the residents of San Marino Island along the Venetian Causeway, with an eye toward the Don Shula Expressway to the west, are considering changing the name of their winning surroundings to Dan Marino Island. On the other hand, if the NFL's Wunderkind leads the Dolphins to a 16-0 season, he may well qualify for sainthood - and make the name change unnecessary. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Jury's Precedence Subject The topic of the resource Capital punishment--Florida. Protest movements--United States. Capital punishment--Florida--Public opinion. Source A related resource from which the described resource is derived The Miami Herald Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1984-11-07 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 2 jpgs 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida capital punishment Florida juries https://hist299.umwhistory.org/files/original/91cd38cf4d7feb29cedd17be8f290617.jpg f364e1fc7434d9f01c680081e9b7c334 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Execution still on, judge says Subject The topic of the resource Capital punishment https://hist299.umwhistory.org/files/original/d56f6bbcf41117ce287882b584bd26d2.jpg 781f0c8804b813682a5978d97c605e14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document Calling the appeal “a gross abuse” of the legal system, a federal judge Tuesday refused to postpone the execution of convicted police killer Alvin Bernard Ford, scheduled to die Thursday in the state’s electric chair. Meanwhile, a divided Florida Supreme Court blocked the scheduled execution of John O’Callaghan by a 4-3 vote an hour after hearing arguments in the condemned inmate’s mercy appeal. His execution was also scheduled for Thursday. Attorneys for Ford, anticipating the ruling against their client, filed an appeal to the 11th U.S. Circuit Court of Appeal in Atlanta before U.S. District Judge Norman C. Roettger even announced his decision in West Palm Beach. “Time is at a premium,” said Michal Mello, one of Ford’s three attorneys. The 31-year-old Ford, who has exhausted more appeals than any other Death Row inmate, will die at 7 a.m. Thursday at Florida State Prison in Starke unless the appeal court or the U.S. Supreme Court finds a reason to delay the execution. Ford was convicted of shooting to death Fort Lauderdale police officer Dmitri Walter Ilyankoff during a bungled restaurant robbery in 1974. The Florida Supreme Court upheld his sentence five years later. In 1980, the U.S. Supreme Court denied his appeal. Gov. Bob Graham signed his first death warrant in 1981. A month later – and 14 hours before he was to be electrocuted – the 11th Circuit Court of Appeal granted a postponement. The court dissolved the stay 13 months later. In April, Graham again signed Ford’s death warrant. The state Supreme court denied a stay May 25. Roettger used strong words Tuesday to express his irritation with Ford’s latest appeal, which was based on his attorneys’ belief that Ford is now insane. “This is absolutely a classic pattern of a defendant allegedly having a mental problem and perceiving a rook card in this possession… and holding it in the vest pocket until the last possible minute,” Roettger said. Richard Burr III, along with Mello, tried to convince the judge that Ford should be examined by psychiatrists and the results presented in court. In the past two years, Ford has gradually developed severe paranoid delusions, Burr said. He became obsessed that the Ku Klux Klan was keeping his family hostage, and torturing then, in a “pipe alley” near his cell. He now believes that he is a member of the Klan, that he personally has overturned the death penalty and is staying in prison only because he wants to, Burr said. Florida law – and the U.S. Constitution, Mello argued – prohibit the execution of an insane person. Burr and Mello contended that Ford’s sanity never has been formally determined in court. Joy Shearer, an assistant state attorney general, disagreed. “A determination of sanity has been made, and properly so, by the governor,” she said. Last December, Graham appointed a panel of three psychiatrists to examine Ford to determine if he understood the death penalty and why he had been sentenced to die. They found he did. One doctor called Ford’s delusions “contrived and recently learned.” But Burr and Mello said the decision by the panel of psychiatrists didn’t constitute a true judicial hearing. Judge Roettger, who also denied an execution stay for Ford in 1981, chastised the attorneys repeatedly for waiting until “the very last, frantic minute” to raise the issue of Ford’s sanity. “This has got to be a gross abuse of the system,” he said. After the two-and-a-half-hour hearing, Mello denied that he and Burr had “sandbagged” the case. “We filed absolutely as soon as possible. If the claim would have been ripe before, we would have filed it then,” he said. O’Callaghan, 38, was under a death warrant for the Aug. 20, 1980 killing of Gerald Vick, a bodyguard for the co-owner of a Hallandale bar where O’Callaghan worked. The high court’s decision to intervene in O’Callaghan’s case came after a circuit court last Thursday refused to issue a stay of execution. The Supreme Court gave no explanation for its unsigned, one-sentence opinion. Nor did the justices say whether they will grant O’Callaghan’s request for a new trial. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Execution still on, judge says Creator An entity primarily responsible for making the resource Hoffman, Lisa Source A related resource from which the described resource is derived The Miami Herald Date A point or period of time associated with an event in the lifecycle of the resource 1984-05-30 Language A language of the resource English Subject The topic of the resource Capital punishment--Florida. Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 2 jpgs 300 dpi Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Miami, Florida https://hist299.umwhistory.org/files/original/abae9e73601630c0b5e87a43fa97fd41.jpg 2b06a1c6658ecf1db839700995d28c67 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Piazza, Rachel Text Any textual data included in the document Convicted killer Nollie Lee Martin, who was set to die in Florida’s electric chair today, was granted an indefinite stay by federal appeals court in Atlanta Thursday. The stay was granted by a three-justice panel at the 11th U.S. Circuit Court of Appeals in Atlanta, which said it needed more time to study the case before making a ruling, attorneys for Martin said. “It means he’s not going to be executed at 7 a.m. as we had feared,” said Mike Mello, as assistant in the Palm Beach County Public Defender’s office. “We’re going to proceed with a normal appeal. We’re not going to be going to be going through three courts in four days.” Attorneys said it could be a year before the case is resolved. In 1978, Martin, 35, was convicted of fatally stabbing Patricia Ann Greenfield, a Boynton Beach college student who was abducted from the Delray Beach-area convenience store where she was working. The detective who led the investigation that resulted in the arrest of Martin and his cousin Gary Lee Forbes, who pleaded guilty to second- degree murder and received a life sentence, said he is undisturbed by the court’s decision to grant the stay. “The system’s just winding it’s way down,” said Sgt. J.J. Anderson of the Palm Beach County Sheriff’s Office. “It’s a big system and you just have to be patient.” Anderson said he expects that Martin will eventually be executed. “He’s not on the street and I don’t think he’ll ever get out,” Anderson said. Mello, who along with other attorneys representing Martin have been working day and night to obtain the stay, said it will be at least six months and probably a year before all appeals in the case are resolved. The appeals court decision came on the heels of a Wednesday decision by a federal judge in Miami who granted a 24-hour stay of execution while Martin’s attorneys appealed to the higher court. On Aug. 8, Gov. Bob Graham signed a death warrant for Martin. That warrant expires today but attorneys said another warrant can be issued later. Since the signing of the warrant, Martin’s attorneys have appealed to a Palm Beach County circuit court, the Florida Supreme Court, the federal district court in Miami and the federal appeals court. “The worst possible situation is litigating under an active warrant,” said Mello. “It’s very tough for any judge to resolve issues under [intense] time pressures.” He said the appeals court, in granting the indefinite stay, indicated the indefinite stay, indicated it needed more time to rule on the case. He said the court was presented with lengthy written arguments containing eight points. “The only issue before [the court] is whether any of the issues were substantial enough to grant a stay,” Mello said. “All they said is ‘we can’t do it in a day, we need more time’.” Mello said that when the appeals court rules on the case it can decide to grant Martin a new trial or a new sentencing or can send the cases to the lower federal court for an evidentiary hearing. He said if the appeals court panel rejects arguments presented to it by Martin’s attorneys, they will appeal to the full court and if necessary will take the appeal to the U.S. Supreme Court. The attorneys for Martin have argued that evidence showing that Martin suffers from brain damage was not presented during his trial. They have contended that the evidence was recently discovered after tests were conducted by several doctors. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Martin receives stay of execution Description An account of the resource Before Martins execution he was grated more time to study his case before making a final ruling. It could possibly be six months to one year before any final appeals in the case are resolved. With the time originally given it was highly impossible for any judge to make a final ruling in the time originally given. Creator An entity primarily responsible for making the resource Pollack, Rich Source A related resource from which the described resource is derived Sunday- Sentinel Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1984-09-07 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Subject The topic of the resource Executions (Law) Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Miami, FL 1978 Anderson appeals attorney brain damage case convicted doctors execution fedearl appeals Florida Forbes Graham judge Martin Mello Miami Palm Beach County resolved sentinel trial https://hist299.umwhistory.org/files/original/13378c637a5908ce8dcd404fbfca6e36.jpg 972ee2493831a2630b1dba4aec373735 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document The current debate over execution of those Florida Death Row inmates who are, or who may be, insane raises difficult issues of law and public policy. But the issue, at least in Florida, is not whether the insane should be executed. That matter has long been resolved in the negative as a matter of state law. However, that brings us to the genuinely difficult inquiry: How can the legal system determine who is really crazy, and can Florida's administrative procedure be trusted to reliably make this life-or-death death determination? In 1927 the Florida Supreme Court held that there was a right to judicial determination of competency when a Death Row inmate claimed to be incompetent. In the 1930s the Florida Legislature enacted the present-day statute on execution competency. That law sets out a procedure for deciding who is crazy and who is not. The statute provides that when the governor is informed that a person who is under sentence of death may be insane, he or she shall appoint a commission of three psychiatrists to examine the convicted person. Counsel for the convicted person and counsel for the state may be present at the examination. After receiving the report from the commission, the governor makes and independent determination of whether the convicted person, in the language of the statute, "understands the nature and effect of the death penalty and why it is to be imposed upon him." But this procedure is insufficient to vindicate Florida's interest in not executing people who really are insane. The system invites error and, as Robert Sherrill's article in The Herald (Viewpoint, Dec. 16) demonstrated, has already resulted in error. The basic problem is that the statute provides for no hearing before the decision maker. There is no right of cross-examination and no right to present defense witnesses. The statute permits counsel to be present at the psychiatric examination, but the decision maker is not the psychiatric commission. The decision maker is the governor, and there is no hearing before him. In fact, the Florida Supreme Court has noted that the present governor has a "publicly announced policy of excluding all advocacy on the part of the condemned in the process of deciding whether a person under sentence of death is insane." A hearing before the governor would serve a variety of social values. It would provide the adversarial debate our legal system recognizes as essential to the truth-seeking process. This is especially true here, where the questions are legal, not medical, and where proper resolution of those questions is difficult under even the best of circumstances. The present procedure encourages the governor to become a slave to the psychiatric commission and to simply follow the recommendation of the doctors. This is precisely what has happened in every case so far. In Arthur Goode's case, the psychiatric commission decided that Goode was sane and the governor ordered his execution. In Gary Alvord's case, the psychiatrists found insanity and the governor stayed Alvord's execution. An open hearing also ensures that the governor recognizes that his decision profoundly affects the lives of human beings. Otherwise, it is all too easy to retreat behind a shield of paper and anonymity. Further, a hearing effectively fosters a belief that one has received his "day in court," even though he may disagree with the governor's decision. The risks of error at the initial competency determination are enhanced by the fact that Florida provides no procedure for review. The Florida Supreme Court has decided that the governor's statutory procedure is "now the exclusive procedure for determining competency to be executed." But if the judiciary is to be excluded from the initial competency determination, then some mechanism for reconsideration of the determination is needed. Reform of Florida's statutory procedure for determining execution competency can come from any of three sources: • The legislature could amend the statute. • The governor could voluntarily open the process up to advocacy. • The federal courts could mandate, as a matter of federal constitutional law, that Florida's procedure are inadequate. That precise issue is pending before the U.S. Court of Appeals for the 11th Circuit in Atlanta. Ideally, change should come from the Legislature or the governor. It is our statute. We should see to it that it produces reliable results. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper article Contributor of the Digital Item Person submitting the digital item to the collection. Dyke, Corey Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Deciding who is crazy: Reform Florida's procedure Subject The topic of the resource Capital punishment--Florida. Capital punishment--Florida--Public opinion. Insanity Defense--United States--Legal Cases. Description An account of the resource Opinion editorial by Michael Mello about changing the process for declaring someone legally insane or incompetent. Creator An entity primarily responsible for making the resource Mello, Michael A. Source A related resource from which the described resource is derived The Miami Herald Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1985-01-20 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 jpg 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Miami, Fl capital punishment Legally insane Michael A. Mello https://hist299.umwhistory.org/files/original/6c9c5e84f71caf487c0ae3216b5d3986.jpg f1eb323d30844e06b0e1247b6b1626b2 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource New trial for Martin requested Injury to his brain not reported to jury Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Evening Times Date A point or period of time associated with an event in the lifecycle of the resource 1985-03-14 Format The file format, physical medium, or dimensions of the resource 1 jpg 300 dpi Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Atlanta, GA Language A language of the resource English Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document ATLANTA—Lawyers for convicted murderer Nollie Lee Martin asked a federal appeals court to grant him a new trial, claiming evidence of their client’s damaged brain didn’t come out until after the 1978 trial. Martin was condemned to death for the rape and murder of college student Patricia Greenfield of Boynton Beach. Testimony by psychiatrists at the original trial indicated he was sane and had not suffered brain damage, attorney Michael Mello said, but “in fact, Mr. Martin is missing part of his brain.” Wednesday, Mello told a three-judge panel of the 11th U.S. Circuit Court of Appeals that Martin’s injury, which happened when he was run over by a wagon wheel, did not come to light until after the trial. Because the jurors who convicted Martin and recommended the death penalty did not know about the brain damage, they were operating under a false assumption, he argued. Marint, 36, of Chapel Hill, N.C., was convicted of murder in the June 1977 death of Ms. Greenfield, a college student who was working at a Delray Beach store. Martin and co-defendant Gary Forbes were accused of robbing the store, abducting Miss Greenfield, raping her at Martin’s apartment and then taking her to a landfill near Lantana, where she was fatally stabbed in the throat. Forbes pleaded guilty to murder and testified at Martin’s trial. Martin’s conviction and death sentence were upheld by the Supreme Court of Florida in 1982, and he lost an appeal in U.S. District Court last year. That decision was appealed to the 11th Circuit. In addition to the issue of brain damage, Mello told the appeals court that two confessions made by Martin after his arrest in July 1977 were invalid. “We maintain that both confessions were obtained in violation of (Martin’s) Miranda (rights), both were involuntary and the second was obtained in violation of Mr. Martin’s 6th Amendment right to counsel,” he said. But Joan Fowler Rossin, an assistant Florida attorney general, argued that the confessions were valid. Martin “was not threatened, he was not made any promises and he was not coerced,” she said. She also argued that Martin was given adequate neurological and psychiatric evaluations before the trial. Contributor of the Digital Item Person submitting the digital item to the collection. Sellers, Jason Notes Additional information regarding your item. This content will not be viewable in the Public View. The Palm Beach Times changed its name to The Evening Times in 1979, then merged with The Post in 1987 to become The Palm Beach Post. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource New trial for Martin requested Injury to his brain not reported to jury Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Evening Times Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1985-03-14 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Atlanta, GA Subject The topic of the resource Capital punishment--Florida. Capital punishment--United States--Psychological aspects. Description An account of the resource Newspaper report on the 1985 request for a new trial for Nollie Lee Martin, convicted of murder in 1978. Martin's lawyers, including Michael Mello, cite the defendant's pre-existing brain damage in their request. brain injury death penalty Delray Florida Greenfield Martin Mello Miranda rights https://hist299.umwhistory.org/files/original/9cf79f3b3161575bba93acb8e62f6669.jpg 3918ce107d3dc1d5fd5a7aaf2b257360 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Death? Let the jury decide Description An account of the resource An article by Michael Mello talking about the different Legislative regulations on the Death Penalty. Creator An entity primarily responsible for making the resource Michael Mello Source A related resource from which the described resource is derived Miami Herald Publisher An entity responsible for making the resource available UMW Date A point or period of time associated with an event in the lifecycle of the resource 1985-04-27 Format The file format, physical medium, or dimensions of the resource 1 jpeg, 300dpi Language A language of the resource English Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document IN RESPONSE to Calvin Fox’s recent explanation of three reasons why judges, not juries, should impose capital punishment: The question is important, since the Legislature is currently considering repeal of that portion of Florida’s capital-punishment stature that permits a judge to override a jury’s verdict for life imprisonment and then to impose the death penalty. <ul> <li>First, with an apocalyptic tone Mr. Fox argues that legislative repeal of the jury override will mean that “the 100 or so individuals now on Death Row may be entitled to have their death penalties set aside.” This figure is grossly exaggerated. Prof. Michael Radelet of the University of Florida, who keeps track of the statistics of Florida’s Death Row, Reports that although 87 death sentences have been imposed by trial judges, a full two-thirds of those sentences passed upon by the Florida Supreme Court have been reduced to life imprisonment. That court has affirmed death sentences in only 24 cases involving jury overrides, and several of these 24 are no longer capital cases for reasons unrelated to the override. At most repeal of the override would affect these 20 or so cases. And it need not affect even them. The Legislature could simply choose to make its new procedural rule applicable only to cases tried subsequent to the effective date of the repeal. I think such a provision would be unfair and unwise, but not unconstitutional. </li> <li>Second, Mr. Fox erroneously argues that Florida’s system of sentencing by the trial judge has been “consistently shown through intense Federal review to be the most reliable and proper system of imposing the death penalty.” This is most misleading. Almost a decade ago, the U.S. Supreme Court mad quite clear that a capital jury-sentencing stature would pass Constitutional muster provided that the jury gave its reasons for imposing death and that the state supreme court conducted a review to determine that the penalty was not applied in a disproportionate manner. Most states with the death penalty recognize that because the penalty is an expression of community outrage, an appropriate cross-section of the community whose outrage is being expressed should be given the responsibility for that decision. Of the 37 American states with capital punishment, 30 give the life-or-death decision to the jury. Mr. Fox cannot seriously mean that the statutes in these 30 states violate the Constitution, or that the 22 people put to death pursuant to these statues within the past decade were executed under unconstitutional statutes. Still, Mr. Fox argues, the death decision should be made by a “trained legal mind,” since judicial sentencing should lead to greater consistency among cases. Yet the ordinary predicates that provide consistency in non-capital sentencing, such as frequency of trying such an offense, observation of the recidivism rate for the offense, experience with the local parole and probation officers, and the like, do not pertain in the same degree, if at all, to capital cases. But more fundamentally, experience and expertise in legal rules cannot substitute for the ability of the jury to reflect community sentiment in its decision whether an individual defendant deserves to live or die. Because death-override cases are not automatically appealed to the Florida Supreme Court, there is no central data source through which such cases can be identified. Professor Radelet notes, however, that “numerous inquiries to several criminal attorneys and state officials makes us confident that there have been less than a dozen such cases since the current statutes was enacted.” Moreover, the Legislature could amend the statues to provide that a jury’s verdict for life is binding, but that the jury’s decision for death be subject for override by the court. Such a system would obviously create an asymmetry, but it is an asymmetry weighted on the side of mercy. That is offensive only if one believes that the grant of mercy to some somehow abridges the rights of others whose individual circumstances do not inspire mercy. At the guilt/innocence phase of a criminal trial, for example, a judge may enter a judgment of acquittal despite the jury’s rendition of a guilty verdict. Why not extend this principle to the penalty phase of the trial? Mr. Fox has made the best case that can be made for retention of Florida’s practice of permitting a single judge to sentence a person to die even when a jury of his peers has decided that he deserves to live. But his reasons themselves expose the bankruptcy of his position. The fact remains that the override results in a debasement of the jury’s role as the proper reflector of community sentiment. The override wastes finite judicial resources. Legislative repeal of the jury override is within the province, duty, and ethical obligation of the Florida Legislature.</li> </ul> Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Death? let the jury decide. Description An account of the resource An article by Michael A. Mello on the Legislation regulation and its importance of jury control. Creator An entity primarily responsible for making the resource Mello, Michael A. Source A related resource from which the described resource is derived Miami Harold Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1987-04-27 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 jpeg 300 dpi Language A language of the resource English Subject The topic of the resource Jury--United States--Decision making. Capital punishment--Florida. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Miami, FL death penalty jurry Legislation Miami Michael A. Mello https://hist299.umwhistory.org/files/original/394a95359c0c99d3718f5c5a801aa9f8.jpg ef167b2c40f3ba031f766aa784b204d8 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Article Contributor of the Digital Item Person submitting the digital item to the collection. Webb, Daniel Text Any textual data included in the document Florida's capital sentencing statute provides for a three-step trial procedure in the administration of the death penalty. After a defendant is found guilty of a capital felony, a sentencing hearing is conducted before a jury which renders an advisory verdict; the judge, however, determines the actual sentence. The statute thus permits a trial court to impose a sentence of death despite the jury’s conclusion that the defendant deserves to live. That has happened 87 times in Florida. Legislation is presently pending before the House and Senate of the Florida Legislature providing that a jury recommendation of Life imprisonment in capital cases be binding on the court. The reasons for supporting this legislation are, I think, straightforward. First, the jury override degrades the jury on the very issue that has at its core an ethical and moral judgment of the community. The sentencer’s principal task in a capital case is to determine where that defendant and his crime are located on the scale of community outrage. Given that the purpose of a death sentence is to reflect community standards it follows that the representatives of the community should decide who dies. Second, the jury override wastes judicial and fiscal resources. The Florida Supreme Court reverses three-quarters of override cases. That alone is strong evidence that the system is not working. Third, the jury override increases the possibility of executing an innocent person. Jurors are instructed to determine the guilt of an accused beyond a reasonable doubt. There is, however, another type of doubt, often called “whimsical doubt,” i.e., doubt not rising to the level of reasonable doubt. If a juror entertains such a “whimsical doubt,” he or she would still be duty-bound to convict the defendant. But such a doubt is an important consideration in deciding whether to impose an irrevocable penalty. The judge, who does not take part in the jury’s deliberations, will not know if such whimsical doubt was a factor in the jury’s recommendation of a life sentence. Equally important is what this bill is not about. First, it is not about abolishing the death penalty. I recognize the right of the state to exact its ultimate penalty against the ultimate wrongdoers. But the issue here is not whether some will dies; the question is who is going to decide which of those wrongdoers are in fact the most heinous. Second, this legislation is not about commuting the death sentences of anyone presently on Death Row. The bill expressly provides that it would apply “only to offenses committed on or after Jan. 1, 1986” and that “persons who committed a capital felony prior to such date shall be sentenced in accordance with law in effect at the time” the offense was committed. The amendment would be prospective only. Third, it is sometimes argued that we should just leave the statute alone: We have something that works; let’s let it be and not risk creating any new issues for appeal. The problem with this position is that it insulates the statute from any progress or reform. The statute can be changed and in fact has been changed several times in the past. In 1979, for example, the Legislature added an aggravating circumstance and changed the language concerning mitigating circumstances. Finally, it has been argued that if a jury recommendation of life should be binding upon the trial court, then a jury recommendation of death should also be binding. This argument possesses a symmetry which is superficially attractive. The difficulty is that is would create more problems than it would solve. In essence, a “both ways binding” statute means a statute providing for jury sentencing. Thirty of the 37 American states with the the death penalty do have jury sentencing, but for Florida to adopt such a system would require several other changes to our statute: the jury’s verdict should be unanimous, and the jury should be required to give reasons for imposing the death sentence. Such changes could raise questions about the continued constitutional validity of the statute as a whole. And it would simply not be worth the effort, since judge overrides in favor of life seem to be relatively rare. During the 13-year tenure of Florida’s modern death statute, judges have imposed death, following jury verdicts of life, in 87 cases. The sort of asymmetry embodied in the present legislation is already fundamental to our system of criminal justice. At the guilt-innocence phase of a criminal trial, for example, a judge may enter a judgment of acquittal despite the jury’s rendition of a guilty verdict. But a jury’s rendition of a not guilty verdict is inviolate and not subject to judicial scrutiny, no matter how contrary to the weight of the evidence. The bill would do no more than extend this principle to the penalty phase of the trial. In sum, the system is not working. The system degrades the role of the jury, and this, in effect, that of the community in our criminal justice system. Three-quarters of the jury overrides are overturned on appeal anyway. The override places Florida in the company of only two other American states with the death penalty. The Legislature should change this situation. <ul> <li>Michael A. Mello is an assistant public defender for Palm Beach County. This article is adapted from his testimony before the Senate Judiciary Committee this spring.</li> </ul> Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource No One Should Die When the Jury Votes for Life Creator An entity primarily responsible for making the resource Mello, Michael A. Source A related resource from which the described resource is derived The Post Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1985-06-05 Rights Information about rights held in and over the resource 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. Language A language of the resource English Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Description An account of the resource Newspaper article written by Michael A. Mello, discussing Florida's capital sentencing statute in 1985. Subject The topic of the resource Florida Capital punishment Identifier An unambiguous reference to the resource within a given context Mello_91 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida 1985 death penalty Florida Florida capital sentencing statute Florida juries Michael A. Mello Michael Mello The Post https://hist299.umwhistory.org/files/original/eb53d69115247a111d9513d4efd79379.jpg 8f7381b9dccf13fb88439af030acc789 https://hist299.umwhistory.org/files/original/52df657ad048a38ec43e525fa089367e.jpg 7f43ec4854cd85124fb4e0a60bdef79e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document One day early last July, Gregg Thomas of the Tampa branch of the Holland & Knight law firm, flew to Tallahassee to discuss the death appeal case of Jimmy Lee Smith, who was scheduled for execution in 10 days. Those 10 days wound up being filled with hectic activity and Thomas reckons for the last five, he had only five hours sleep. But he and other lawyers, signed up at the last minute and working for free, won a stay which led to a full review of Smith's case before the 11th Federal Circuit Court of Appeals. That review, argued in February, is still pending. Thomas K. Equels, of Greenberg, Trauig, Askew, Hoffman, Lipoff, Rosen & Quentel of Miami, is used to handling complex commercial civil cases. Recently he found himself going door-to-door in a Pompano beach ghetto trying to get new evidence for David Gorham, another death row inmate. Like Thomas and other attorneys working on the Smith case, he was not being paid. But he found an eyewitness who claims that David Gorham did not commit the murder he was convicted and sentenced to death for. Equels is preparing appeals and for a clemency hearing based on the new evidence. Michael Mello, an assistant public defender in Palm Beach County, spends his working days handling criminal appeals for convicted murderers facing the death penalty. He spends his off hours advising civil attorneys who have volunteered to handle capital collateral cases for indigent death row inmates. He recently spent a weekend at his office, while his parents were visiting from Washington D.C., reading a case history and preparing a summary for a volunteer attorney. He has spent considerable time helping lawyers on two separate cases and has given advice on several more cases. All three lawyers are part of the Florida Bar's program to provide pro bono attorneys for indigent death row inmates, especially those facing imminent execution. James C. Rinaman, Jr., of Jacksonville, chairman of the Bar's Special Committee on Representation of Death Sentenced inmates in Collateral Proceedings, said the volunteer attorneys face a difficult, expensive and time consuming job for which they will receive little thanks. But he also said it is a necessary task to uphold the principle that everyone, including death row convicts are entitled to lawyers throughout every step of their appeal and that due process should be accorded everyone. Rinaman estimated the average capital collateral case requires 500 to 1,500 hours of work, and can cost from $10,000 to $18,000 out-of-pocket costs. "The more successful you are, the more time it takes." he said. Lawyers taking the cases can expect little but long hours, high expense and practically no public sympathy for their action, Rinaman said. But the job does have satisfactions. "It's a highlight of their whole professional life." he said. "It's the most important thing they've ever done, all they've done before is represent Continental Can, General Motors or Southeast Bank. This is about the highest professional contribution yo can make." Only about 100 lawyers in Florida are qualified on their own to handle the capital collateral cases, Rinaman said; consequently the Bar program includes providing advisers and research backup, through the Volunteer Lawyers' Resource Center at Florida State University and Stetson University, to help volunteers. Mello, Thomas, and Equels all gave different motives for their involvement. "The ones I've talked to feel it's wrong to kill people without lawyers. It think it's real gross to kill people period." Mello said, adding he jumped at the chance when Palm Beach County Public Defender Richard Jorandby offered him a job handling criminal death appeals. "We supposedly have this system...that;s supposed fair and it isn't . One of the main reason it doesn't work is because of the poverty of people who wind up on death row," he said. "A number of them (volunteer lawyers) who start out don't start as ideologies against the death penalty, but after a few time around. It changes them." One shock to the lawyers, largely used to handling civil cases, is poor treatment in some courts and from prosecutors seeking to hasten the executions, he said. "I feel good about what I do," Mello said. "I can't think of many other areas in life where I do something where I'm this certain I'm on the right side. I think the death penalty is wrong." Mello handles no collateral appeals directly, instead advising the other volunteers, who he noted frequently face a monumental task. "If they take it when a death warrant is signed, it's a huge commitment right up front, it's 18 hours a day for three or four weeks," he said. A memo written by Thomas last summer outlined some of the rigors he and other faced after taking a case only 10 days before the scheduled execution. The attorneys present the first week, including working through the 4th of July, working long days preparing memos and briefs for appeals. The memo noted the lawyers believed they uncovered substantial new arguments and legal points, only yo have their appeals denied at he trial court and federal district court level with only cursory hearings. Thomas noted the attorney team was greatly demoralized before the 11th Federal Circuit Court issued a temporary stay, which was immediately and unsuccessfully appealed to the U.S. Supreme Court. The stay led to the current hearing. Thomas said Holland & Knight agreed to get involved in the cases to guarantee inmates were represented. "We didn't take the Jimmy Lee Smith case because we're against the death penalty, we took it because a person who was going tot pay the ultimate price deserved to have due process," he said. "I guess we decided as an obligation to the Bar and an obligation to the system of justice that we give some back." He agreed with Mello the death cases vary greatly from the normal civil cases he handles, and that judges can be harsher on lawyers representing capital clients, especially in the lower level of courts. "There's a great deal of emotion involved for a judge trying a death case. The further you are removed from that, the less emotion there is," Thomas said. He added, "The tribulations (of handling a death case) are knowing that someone's life is essentially in your hands and you have to do the very best you can. The reward is when (and if) Jimmy Lee Smith dies, Gregg Thomas and his partners at Holland & Knight will know everything that could be done was done." He also said the work was important because on average 50 percent of the death appeal cases in the 11th Circuit Court of Appeals are eventually reversed. Thomas was one of two Holland & Knight attorneys (the other was Julian Clarkson of Tallahassee) along with several law firm clerks who worked on the Jimmy Lee Smith case with Attorney Sarah Bicakley of Tallahassee. Like Thomas, Equels got involved because Greenburg, Taurig decided the firm should help on death appeal cases. But unlike Thomas, Equels, who is working with Alan Dimond and being advised by James McGuirk and Joseph Beeler, became involved early in David Gorham's appeals, well before his clemency hearing and with no death warrant signing in sight. "We're doing it because we have an obligation to the Bar and the community to provide this kind of service to death row inmates needing attorneys," he said. This case took Equeis from his normal civil litigation to knocking on doors in a Pompano Beach ghetto. Noting Gorham's attorney presented no evidence in his trial, Equels said, "We did a pretty thorough investigation and found an eyewitness who said he (Gorham) didn't do it. He entirely deserves representation under those circumstances. "I feel very strongly that he's innocent and I feel very strongly that the worst kind of miscarriage of justice may have taken place." That belief also provides Equels with an extra motive. "If you don't succeed, a man may die who shouldn't die," he said. Besides the appeal work, Equels is also preparing for Gorham's clemency hearing this summer. Despite the intensity of the work, the lawyers said they would be willing to tackle another death row case, but perhaps not right away. "I think I might need at least a year to rest," Equels said with a laugh. Thomas said, "I don't think I would ever have two death cases at one time, but I would do it again because it's (law practice) a system of justice, besides a money making process." They also did not think their pro bono service is highly unusual. Thomas said Holland & knight has a policy that its attorneys should donate 10 percent of their time to free work and community service. Equels and Greenberg, Traurig has a history of pro bono and community work. Rinaman said over half the attorneys in his firm, Marks, Gray, Conroy & Gibbs, do regular pro bono work. "I think the answer is all lawyers do things like this; this happens to be a highly visible one," he said. And quoting 11th Circuit Court Chief Judge John Godbold, Rinaman said that visibility comes with long hours, high expenses and misunderstanding and criticism from the public and even the client. He continued with Godbold's words, "You'll find yourself involved in as difficult and demanding a case as you've ever been in... when its over, you will stand a little taller in your profession." Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Description An account of the resource The article describes how when looking to defend a inmate on death row a lawyer could be working around 18 hours a day for three to four weeks. It also alludes to how important it is that these lawyers continue to do this work as 50% of death row decisions are revoked. In order for the American justice system to be as fair and effective lawyers need to defend the men on death row in order to give them a fair chance as many of them face poverty and cannot afford them. Although these lawyers face long hours and arduous work, most find it rewarding and are proud of saving the lives of their fellow man. Title A name given to the resource Working for Free: Lawyers finding death row work demanding Subject The topic of the resource Death row inmates Lawyers Defense (Civil procedure) Creator An entity primarily responsible for making the resource Blankenship, Gary Source A related resource from which the described resource is derived The Florida Bar News Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1985-05-15 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 2 jpeg 300 dpi Language A language of the resource English death penalty Florida Michael A. Mello https://hist299.umwhistory.org/files/original/36bf6e493a72ea1a8ae6c32ec6d4bd5a.jpg 303ad37706126173d9e50be6c0b23919 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data newspaper Contributor of the Digital Item Person submitting the digital item to the collection. O'Connor, Allison Text Any textual data included in the document Almost 11 years to the day after Delray Beach police officer John Kennedy was slain while writing incident reports in his patrol car, an appeals court has upheld Willie Clayton Simpson’s life sentence for the murder. Fellow officers found Kennedy slumped over the steering wheel of his idling patrol car Aug. 10, 1974 at a gas station on Atlantic Avenue. The assailant had shot the 31-year-old officer once in the head. Kennedy apparently had no time to reach for his own weapon. The officer held only a cigarette. The state found no murder weapon or fingerprints. One suspect was arrested and later released. The next year, two jailed witnesses came forward. Melton Hunt and Tony Hostzclaw said they watched from a car as Simpson spoke to the officer, then pulled the trigger. Simpson, then 19, was convicted and sentenced to death in 1976 largely on the basis of their testimony and a statement from Simpson’s relative, Matthew Clark. Simpson stayed with Clark for awhile in Virginia after escaping from the Palm Beach County Jail, where he was being held for the unrelated robbery and murder of a Boynton Beach retiree. Clark testified Simpson told him he had killed a policeman. But the state Supreme Court overturned Simpson’s 1976 conviction and ordered a new trial. In 1983, Simpson again was tried and found guilty of the lesser offense of second- degree murder. Palm Beach County Circuit Judge Marvin Mounts gave him a life sentence to begin when he completes a life sentence for the 1975 retiree’s slaying. It was informed the second jury never heard about Clark’s testimony that formed one basis for the appeal recently reviewed and rejected by the 4th District Court of Appeal in West Palm Beach. Between the two trails, a statement Clark gave to a detective came to light. In the statement Clark was asked what Simpson had told him about Kennedy’s murder. “He said, ‘Well, I’m in trouble… I killed two police. I killed a police and his son.’ That’s exactly what he told me,” Clark told the detective. The detective questioned him further about whether Simpson had specifically said, “a policeman and his son.” Clark agreed those were Simpson’s exact words. At the first trial, however, Clark said Simpson had told him he killed only an officer. Clark made no mention of the son. By the time Simpson was tried again, Clark had died. The state prosecutor was allowed to read Clark’s testimony from the first trial to the second jury. Simpson’s new lawyer wanted to read portions of Clark’s statement to point out the inconsistency, but the judge ruled he would have to read the whole statement. The defense lawyer decided against reading the statement because it also contained incriminating information about the retiree’s homicide. The 4th District Court of Appeal judges found the judge was not in error for requiring that the whole statement be read. Simpson’s appellate lawyer, Michael Mello, said he will ask the 4th District Court of Appeal for a rehearing before deciding whether to ask the Florida Supreme Court to review the case. Simpson, who is incarcerated at the state prison in Starke, had not learned of the appellate court’s decision Wednesday. Virginia Snyder, a Delray Beach private investigator who worked on the case, was dismayed by the appellate decision. She is convinced Simpson is innocent of the Kennedy murder. Snyder said she talked with both Hostzclaw and Hunt after Simpson’s first trial and both told her they lied. She maintains the young men decided to frame Simpson to get reduced sentences for the charges they were facing. Hunt told her he wouldn’t change his version of Kennedy’s slaying because he was afraid of being charged with perjury, Snyder said. “They cooked up this story and they got deals- sweet deals," Snyder said. “It’s really pathetic. It’s really tragic. It means the people who really did it are out there running around.” Hostzclaw did indeed change his story at Simpson’s second trial and was charged with perjury. Hunt stuck with his original testimony, which put the murder weapon in Simpson’s hand. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Killer Loses Life-term Appeal Creator An entity primarily responsible for making the resource Petit, Deborah Source A related resource from which the described resource is derived The Sun-Sentinel Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1985-08-15 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida Subject The topic of the resource Trials (Murder)--Florida Description An account of the resource An article recounting the murder of Florida police officer John Kennedy, and the two trials and life-term sentencing of the accused murderer Willie Clayton Simpson. Florida Life sentence Michael Mello murder https://hist299.umwhistory.org/files/original/b3e7299702f701899ea2492ef3485081.jpg c7d1d88464d3a51929568eae2e43ac4b Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 25 Innocent People Executed Since 1900, ACLU Study Claims Creator An entity primarily responsible for making the resource Michael Romaner Source A related resource from which the described resource is derived The Florida Times-Union Date A point or period of time associated with an event in the lifecycle of the resource Thursday, November 14, 1985 https://hist299.umwhistory.org/files/original/437dba2c13cf3299fe2780eaff20cb37.jpg ab8011cab891ba2be2184cde22fe635d Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document GAINESVILLE – The American Civil Liberties Union is hoping to rekindle the death-penalty debate with the release of a study yesterday claiming that at least 343 innocent people have been convicted of murder and other capital crimes since 1900. Professors Hugo Adam Bedau of Tufts University, a longtime opponent of capital punishment, and Michael L. Radelet of the University of Florida said they were convinced that of the 7,000 individuals executed in this century, 25 were erroneously convicted – including a man executed in Florida last year. Radelet said he and Bedau had to use their own judgment in determining innocence because “the states never admit putting a man to death by mistake.” The list include such famous defendants as Nicola Sacco and Bartolomeo Vanzetti, anarchists who were executed in 1927 for killing a paymaster and his guard; Julius and Ethel Rosenberg, executed in 1953 after the conviction for selling atomic secrets to the Soviet Union; and Bruno Richard Hauptmann, electrocuted in 1936 for the murder of the infant son of aviator Charles A. Lindbergh. All three cases spawned a host of contradictory studies of whether the convictions were justified. The research, presented yesterday to a national conference of criminologists in San Diego, also listed 19 people on Death Row it said came within 72 hours of being executed when their innocence was discovered. And many other victims of injustices spent years in prison in capital cases, the professors said. “Since 1900, there have been innocent people on Death Row nearly every year,” Radelet said. “Based on that, I would bet every cent I’ve got that there are innocent people on Death Row today.” About 1,600 prisoners are on Death Row in the United States according to the American Civil Liberties Union. “These horrible facts are dramatic proof of the ongoing fallibility of our death-sentencing laws,” said Henry Schwarzschild, director of the ACLU’s capital punishment project. “Judges, legislators and the American public are entitled to know about the unavoidable risk of executing the innocent.” Radelet and Bedau, author of The Death Penalty in America, have spent the last three years examining convictions in capital crimes. “I admit in many of these cases that had I sat on the jury, I would have found the guy guilty, also,” Radelet said yesterday. “Jurors, like the rest of us, are human beings. And human beings make mistakes.” The Radelet-Bedau study –ts 343 convictions, all but 25 of which were later overturned – not because of legal technicalities, Radelet said, but because innocence was established. Lawyers representing Death Row inmates already are preparing to use the study as a basis for defending their clients. Michael Mello, an attorney with a newly created office in Tallahassee that represents Florida’s indigent Death Row population, said yesterday he intended to file an appeal next week, based on the study, on behalf of Joe Spaziano. Gov. Bob Graham signed a death warrant last week for Spaziano, who was convicted of killing a Seminole County woman. He is scheduled to be executed Dec. 3. “Up until Mike’s study, we suspected intuitively that there were a lot of miscarriages of justice,” Mello said. “But what we now have is documentation of that.” But challenges of that documentation are likely. Last year, James Adams was executed for the murder of a Florida rancher. Radelet and Bedau contend that Adams was innocent. His case is the only instance cited in the study of an innocent man being executed in the last 20 years. Among evidence presented in the study was a statement from a witness who said he saw someone fleeing the rancher’s house and that person “was positively not Adams.” The study also indicates that hair found clutched in the victim’s hand did not match Adams’ hair. “Much of this exculpatory information was not discovered until the case was examined by a skilled investigator the month before Adams’ execution. Governor Graham, however, refused to grant even a short stay to try to resolve these questions,” the study said. Radelet said it was a difficult decision for him to include the Adams case in the study. He said he expected backlash from it, but “I really believe that James Adams was innocent.” Art Wiedinger, assistant general counsel to Graham, said he was surprised that the Adams case was included in the report. He said Graham took extreme care in handling the case and reviewed the materials Radelet referred to. “They did supply memorandum, I think, the week before the execution, and based on that review, the governor felt there was no basis to overturn the conviction,” Wiedinger said. He said that not having read the study he had no opinion on whether it might alter popular opinion on the death penalty. But he said U.S. and Florida law require the exercise of extreme caution in capital cases. “Given all those safeguards, I think that meets all the problems.” Ernest van den Haag, a Fordham University professor and one of the nation’s leading authors promoting the death penalty, said yesterday from his New York home that it should be no surprise to anyone that innocent people have been executed. “Trucks do run over innocent people once in a while. We continue to drive trucks because we feel the advantages outweigh the costs,” he said. “I should say the same is true in justice. The advantages of having the death sentence outweigh the costs of making an occasional mistake.” Van den Haag also said he did not expect the study to result in any policy changes – “none whatsoever, because anyone with common sense knows that mistakes will be made.” Radelet said he hoped the study eventually would bring about the abolition of the death penalty. But he said he would be pleased if people “will remember that the possibility of convicting innocent people is very real.” This report contains material from wire services. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 25 Innocent People Executed Since 1900, ACLU Study Claims Creator An entity primarily responsible for making the resource Romaner, Michael Source A related resource from which the described resource is derived The Florida Times-Union Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1985-11- 14 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida Subject The topic of the resource Death penalty Capital punishment--Florida. Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 2 jpg 300 dpi Language A language of the resource English ACLU Florida https://hist299.umwhistory.org/files/original/68e7d5dc940a7531c7bf8e06b1f6cc48.jpg 914d8c899b63c4fa8bd8251449268502 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document ORLANDO- Juries, not judges, should decide whether convicted killers are sentenced to death, the Florida Bar’s board of governors said in voting its support for a bill that would take away judges’ power to override juries. “Juries are better than judges as yardsticks of community outrage in deciding whom to execute,” said Michael Mello, an attorney who is paid by the state to defend Death Row inmates. The board voted 21 to 7 Thursday to urge Legislature to change a 1972 law that lets trial judges impose a death sentence for first-degree murder even if the jury recommends life in prison with no parole for 25 years. Since the law took effect, trial judges have ignored jury recommendations for life sentences and sentenced convicted murderers to death in 92 cases. The change would force judges to accept juries’ recommendations against the death penalty. The bill making the change has been proposed in the past two legislative sessions but was opposed by prosecutors and judges. Mello said juries seem to recommend life sentences when they have “a lingering doubt about the defendant’s guilt.” In a 1975 case, a circuit court jury convicted motorcycle gang member Joseph Spaziano of the murder and mutilation of a woman near Orlando, but only after twice telling the judge they couldn’t reach a verdict. The jury voted 9-3 for life imprisonment. But Circuit Judge Robert McGregor sentenced Spaziano to death, and reimposed the penalty after the state Supreme Court asked him to reconsider it. One of the jurors in the case said the panel favored the life sentence because of doubts about Spaziano’s guilt. The sentence was the upheld by state and U.S Supreme Court justices, but U.S. Justice John Paul Stevens said the law which lets judges override jury recommendations is defective. The board of governors consists of 39 attorneys elected by lawyers in the state’s 20 judicial circuits. The board’s vote Thursday was the first time it has taken a position on the bill. According to a bar study, most of the judges’ overrides of jury recommendations were later reversed by the state Supreme Court. In Florida, 221 murders have been sentenced to death and 13 have been executed since 1997. Only one Death Row inmate, Ernest Dobber, has been executed against a jury’s will. A jury recommended life in prison on a 10-2 vote, but Dobbert was electrocuted in 1984 for the slayings of his 9-year-old daughter and 7-year-old son. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Article Contributor of the Digital Item Person submitting the digital item to the collection. Scanlon, Heidi Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Panel: Jurors Should Decide the Fate of Killers Description An account of the resource An article in support of juries having the final say in death penalty cases. Says that judges should not have the ability to overrule a jury decision. Source A related resource from which the described resource is derived Tallahassee Democrat Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1986-01-11 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 jpg 300 dpi Language A language of the resource English Subject The topic of the resource Jury--United States--Decision making. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, Florida death penalty Florida juries Michael A. Mello https://hist299.umwhistory.org/files/original/92185f32846490589c2f4313346c8f96.jpg cbfd0cc10f02c0bbf4497ce99eddcb2a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document Warrenton, VA-As a part of its ongoing Death Penalty Project, NACDL co-sponsored the Annual Capital Punishment Conference held at the Arlie Conference Center in Warrenton, Virginia on July 18-20. The Conference has served for a number of years as the national strategy session for lawyers handling death penalty appeals and collateral attacks. Programmatic and logistical responsibilities were handled by the other co-sponsors, the Southern Poverty Law Center and the NAACP Legal Defense Fund. The seminar drew 103 participants from around the United States. The program covered a multitude of issues and types of information including a status report of the various death rows around the U.S., Supreme Court developments, developments in the state and Circuit Court of Appeals, habeas litigation and the special problems pertaining to it, clemency proceedings, state organizations, and dealing with the personal (as opposed to legal) aspects of executions. This years conference was jeopardized because of funding curtailments, a fact which moved the NACDL Board of Directors to authorize a co-sponsorship funded by a grant from the ABA Bar Information Project. Other activities funded by the grant were production of the NACDL Collateral Attack Manual and production of extra issues of the March Death Penalty Issue of the CHAMPION. The death penalty issue of the CHAMPION has been widely distributed throughout the death penalty community. 1984 marked the first year in which NACDL has co-sponsored this very important conference. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Magazine Vol. No./Issue No. Volume and issue number for the newspaper (if available) July 1984 Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource NACDL Co-Sponsors Death Penalty Conference Subject The topic of the resource Capital punishment Description An account of the resource The article describes the Annual Capital Punishment Conference and the issues it deals with. It also tells of the Conference's lack of funding and how the NACDL (National Association of Criminal Defense Lawyers) stepped in to sponsor the event. The Conference was held July 18th-20th, 1984. Source A related resource from which the described resource is derived The Champion Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1984-07 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 jpg 300 dpi Language A language of the resource English Annual Capital Punishment Conference National Association of Criminal Defense Lawyers https://hist299.umwhistory.org/files/original/7ce55e29fe10a71c17fa2aaf0b1ddc9e.jpg ddce2c6ed0eba93c18a7638b20ee2a88 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document The Florida Bar will lobby for removing judges’ power to override juries to impose death penalties and for appointing all trial judges, as part of its 1986 legislative program. The Bar’s Trial Lawyers Section will also support increasing juror compensation. The Board of Governors delayed a decision on a constitutional amendment to abolish residency requirements for Supreme Court justices. The Board of Governors adopted those positions, among others, at its January 9-10 meeting in Orlando. The proposal to change the state law allowing judges to override jury recommendations of life imprisonment came from the Bar’s Individual Rights and Responsibilities Committee. Committee member Michael Mello said the jury better represents community feelings about a crime and the present law “increases chances innocent people will be executed.” He quoted jurors as saying in some cases, “We thought the state’s evidence was strong enough to convict, but not strong enough to impose the ultimate penalty.” Mello, who works for the state Office of the Capital Collateral Representative, which represents death row inmates, added “For the last 12 years, the [Florida] Supreme court has overruled between two-thirds and three-quarters of the cases involving jury overrides.” The Board approved the position by a 21-7 vote challenge at subsequent elections. The residency requirements were extensively debated, with the Board initially rejecting a recommendation it lobby for the amendment, leaving it without a formal position. But when the Trial Lawyers Section asked permission to lobby for the measure, the Board first voted to oppose the amendment and then defeated a motion to allow the section to lobby for it anyway. The Board finally voted to send the topic back to the Legislation Committee and the Trial Lawyers Section for more study. “I feel on this important issue, we should take more time,” said Orlando Board member Chandler R. Muller, as he moved to send the issue back to the committee. Some Board members argued allowing the Trial Lawyers Section to support the measure even though the Board opposed it would help explain to legislator how the Bar works. But other Board members replied it would only confuse lawmakers and lessen the Bar’s effectiveness. “It’s ridiculous for us to take a position on this Board and allow a section to take a position opposite to that,” Miami Board member Alan T. Dimond said. On other matters the Board: <ul> <li>Approved a Trial Lawyers Section recommendation to support increasing juror compensation from $10 to $25 a day, with the funds coming rom higher filing fees. The Board also approved a section recommendation to draw juror pools from driver license lists as well as voter registration rolls.</li> <li>Approved a Family Law Section an estate by the entirely unless stated differently in the mortgage. The Board also allowed the section to oppose a bill easing commercial mortgage foreclosure restrictions. The section found the bill too broad for the stated purpose of making it simpler to foreclose on some condominium projects.</li> <li>Supported Tax Section requests it be allowed to support several bills, ranging from creating a division of tax policy in the state Department of Revenue to barring tax collectors from enforcing any but good faith payments until property tax disputes are resolved.</li> <li>Approved allowing the Trial Lawyers Section to lobby in Congres against federal products liability legislation.</li> <li>Failed, by a 15-12 vote, to support a proposed ABA recommendation calling for a federal intercircuit panel to resolve disputes between federal circuit courts without a Supreme Court appeal. A two-thirds Board vote is required to approve such a legislative position. The Board also took no position on creation of a chief administrative judge for the federal system. Both the intercircuit panel and administrative judge have been sought by U.S. Supreme Court Chief Justice Warren Burger and will be considered by the ABA at its midyear meeting. The Board will again consider legislative positions, including the controversial proposed modification of the Marketable Record Title Act (see related story elsewhere in the News) at its March 19-22 meeting in Tampa. Also on the agenda will be Bar responses to proposed state legislation to change the tort system, including the modification or repeal of joint and several liability. </li> </ul> Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Bar favors eliminating judicial death penalty override Source A related resource from which the described resource is derived Florida Bar News Date A point or period of time associated with an event in the lifecycle of the resource 1986-02-01 Language A language of the resource English Creator An entity primarily responsible for making the resource Blankenship, Gary Subject The topic of the resource Capital punishment--Florida. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 jpg 300 dpi https://hist299.umwhistory.org/files/original/b524924c56ae49175450e4a4a79de8f5.jpg 02563f743b87d4f439d5a772ea8296ee Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document The Committee on Individual Rights and Responsibilities concentrated its efforts this year on legislative matters. Under the guidance of member Michael Mello, the committee studied and voted to support the “jury override” bill. The proposal would revise the death penalty statute to require that a jury recommendation of mercy in capital cases be binding on the court. The bill was presented to the Bar’s Legislation Committee, which recommended that the Board of Governors support it. The Board approved lobbying efforts by The Florida Bar in active support of the jury override bill during the 1986 session. The second bill supported by the committee was drafted by Abbey Hairston’s Subcommittee on Employee Rights. The original proposal would have created a cause of action for any employee wrongfully terminated for notifying authorities of illegal activities conducted by his or her employer. Opposition from the Corporation, Banking and Business Law Section resulted in a revision to the bill which limited its applicability to public employees. The Individual Rights Committee received approval from the Board of Governors to lobby for the revised proposal. Other issues studied by the committee this year included the rights of AIDS victims. Member Allen Terl provided the committee with specific instances of discrimination against AIDS victims and agreed to chair a subcommittee to determine how the committee can most effectively minimize this threat to individual rights. The three substantive areas of greatest interest to members continue to be privacy rights, employees’ rights, and individual rights in medical matters. Other issues discussed during this year’s committee meetings were children’s rights, victims’ rights, the rights of aliens, and collateral appeals in capital cases. In January, the committee voted to support both legislative and judicial efforts to prohibit the imposition of the death penalty on defendants under the age of 18. This issue has been agendaed for future study and action. The scope of the term “privacy rights” has made it difficult for the committee to focus its efforts in this area. Specific issues of interest to members include computer intrusion, fingerprinting of children, and mandatory lie detector tests. The committee will continue to study these issues. The committee rejected a suggestion that a public interest section be formed within the Bar and voted that individual rights and responsibilities remain a standing committee. Similarly situated committees adopted the same position. The committee has discussed forming a subcommittee on the responsibility of attorneys to apprise the public of both their responsibilities and rights as citizens. It is hoped that this project will gain momentum in the coming year. Members who have actively participated in the committee’s work this year have found that participation to be extremely rewarding. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Journal Article Contributor of the Digital Item Person submitting the digital item to the collection. Keene, Shannon Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Individual Rights and Responsibilities Creator An entity primarily responsible for making the resource Pequignot, Margot Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 jpg 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida Description An account of the resource An article about various bills and interests that the Committee on Individual Rights and Responsibilities in the Florida Bar supports. Subject The topic of the resource Florida--Committee on Individual Rights and Responsibilities--Member Interests Florida--Bar Legislation Committee--Bills Individual Rights--Florida Florida Individual Rights Michael A. Mello Responsibilities https://hist299.umwhistory.org/files/original/8fc571872b7d99e3ecde2a025d607162.jpg 60ae4cc7268439ed2bc59100a07ca2d0 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document "We're a hang 'em high state," attorney Jim Green says. And the Palm Beach County lawyer is not alone in his assessment. Florida has been dubbed the nation's capital punishment capital because of its high number of executions-13, more than any other state since the death penalty was reinstituted in 1977. It is not just the executions that trouble Green, who is well-known for his advocacy of controversial causes. It is a provision of Florida law that allows judges to override jury recommendations for life in capital punishment cases. Green and many others, including the Florida Academy of Trial Lawyers and the Florida Bar Association, want the law changed. They don't want judges to be able to throw out a jury's recommendation of life imprisonment and order a defendant to his or her death. Death cases are automatically reviewed by the Florida Supreme Court, and nearly four-fifths of the decisions to override the jury's recommendation of a life sentence have been reversed on appeal. But those who favor restrictions on the judge's right to override don't find this fact comforting. The American Civil Liberties Union, of which attorney Green is a state board member, says the current system is inefficient and expensive, not to mention "highly questionable." "If there can be any justification for capital punishment, it's retribution," Green says. Empirically, there is no conventional data that capital punishment acts as a deterrent. The only arguable justification in light of this is retribution. The death penalty reflects community outrage. Our system of justice placed the determination of community outrage in the hands of juries as opposed to judges. [image - Carolyn Susman] "And 93 percent of judges are white males. It seems somewhat anomalous for us to allow juries which tend to reflect a fair cross-section of the community to be overriden by a judicial system that is overwhelmingly white male." A bill has been filed again this year by Rep. James Burke (D-Miami) that would make a recommendation of life imprisonment binding [on the] court. Last year, the bill made it out [of] two of three Senate committees. Supporters hope that, with the backing of the Florida Bar Association this year, it will do better. Only three states in the nation-Florida, Alabama, and Indiana-give judges the right to override jury recommendations of life in death penalty cases. "Florida is the only state that employs the override frequently, despite the fact the Florida juries are among the most death-prone," wrote Michael Mello, in an article in the Florida State University Law Review last spring. Mello was on the staff of the Palm Beach County public defender's office until October, when he joined a newly formed group in Tallahassee that was created by the Legislature to ensure that inmates on death row get representation when they need it. So far, there is only one case in Florida where a jury override has resulted in death: Ernest Dobbert. In 1984, Dobbert was executed, despite the fact the jury had voted 10-2 for life imprisonment. Mello says two other cases, which also were overrides, are nearing the end of their appeals and a third defendant, sentenced to death the same way, "is at very serious risk." Palm Beach County Chief Assistant Public Defender Craig Barnard can recall only one case here where a judge overrode a jury's recommendation of life, and Barnard has been with the public defender's office since 1974. The case was that of Jackson Burch, who was found guilty in 1973 of the murder of an 18-year-old Palm Beach Junior College student, Pamela Curry. The jury override became law in 1972. Circuit Judge Vaughn Rudnick's decision to sentence Burch to death was reversed by the state Supreme Court in 1977. "This county seems fairly rational when it comes to juries and the ultimate sanction," Barnard, who specializes in death-row cases, said. Palm Beach County Circuit Judge Marvin Mounts Jr. employed an override in the Michael Nelson case in 1982 to sentence Nelson to life in prison, instead of death, for the murder of his wife Linda. But even though he has never used an override to reverse a recommendation for life in prison, Mounts has doubts about whether the override when life is recommended should be removed. "Anytime you do anything inflexible, the first case that comes along should be the exception. I've been working with juries 26, 27 years. You usually weed out the bigots in the selection process. You get good people who are conscientious and really care. But I think the Supreme Court has been good on riding herd on the imposition of the death penalty." [end page] A bill has been filed again this year by Rep. James Burke (D-Miami) that would make a recommendation of life imprisonment binding on the court. [image - James Burke] [end page] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Dinger, Francesca Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Capital-Case Judges' Override Powers Trouble Lawyer Subject The topic of the resource Criminal law--Florida Description An account of the resource Attorney Jim Green supports a bill filed by Rep. James Burke that would overturn Florida's law which allows judges to issue death sentences against juries' recommendations. Creator An entity primarily responsible for making the resource Susman, Carolyn Source A related resource from which the described resource is derived Palm Beach Post Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1986-02-16 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida capital punishment death penalty Florida https://hist299.umwhistory.org/files/original/c977f03a78fa88ce28788f6b4996f4c0.jpg 631b8e7f3ca5fa37e76a7c755776de61 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) Florida Flambeau Contributor of the Digital Item Person submitting the digital item to the collection. Goode, Claire Text Any textual data included in the document The attorney for two death row inmates just granted last-minute stays of execution says Florida may not be allowed to execute any more prisoners until the U.S. Supreme Court decides on a crucial legal issue now under consideration. Michael Mello, who defended both Paul Beasley Johnson and Edward Dean Kennedy for the state’s capital collateral appeals office, said most executions will be on hold until the court rules on the fairness of allowing prosecutors to dismiss jurors who express strong opposition to capital punishment. Several jurors were dismissed on those grounds in the trials of Johnson and Kennedy. Both Johnson and Kennedy had been scheduled for execution early today. Kennedy received a stay from the U.S. Supreme Court on Friday, and Johnson received a stay from Florida’s highest court early Monday. In both cases, Mello based his appeal for stays on the fairness of the challenge law. “I’m absolutely ecstatic. I don’t see how they can kill anybody now, with these issues,” Mellow said. “What they’ve been doing nationally is granting stays in every case where this applies,” he said. “It’s evident to me the U.S. Supreme Court has decided no one is going to die until they settle this issue.” The case in question-Lockhart v. McCree- was argued before the court on Jan. 13, Mello said. The court does not have a set deadline on reaching a decision, he said, but is expected to rule before its current term ends on June 30. Johnson was sentenced to death for the January 1981 murders of William Evans, Darrell Ray Beasley and Deputy Sheriff Theron Burnham in Polk County. Court records state Johnson shot Evans twice and robbed him after the taxi driver picked him up outside a Winter Haven theater late at night on Jan. 8. Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Future executions hinge on Supreme Court case Subject The topic of the resource Mello, Michael Death row Supreme Court decisions--United States Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1986-02-04 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida Description An account of the resource This newspaper clipping is an article detailing how the undecided nature of the Supreme Court case, Lockhart v. McCree, has allowed Mello to successfully appeal for stays of execution for two of his clients on death row. Source A related resource from which the described resource is derived Florida Flambeau Creator An entity primarily responsible for making the resource United Press International Death Row Edward Dean Kennedy Florida Death Row Lockhart v. McCree Michael A. Mello Paul Beasley Johnson Supreme Court https://hist299.umwhistory.org/files/original/51d2b6abad1d9c34bfb93e226f15c85c.jpg 86e21058760a8fe3bae0a811e3e52747 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Court Refuses to Grant Delay in Execution Subject The topic of the resource Adams, Aubrey Dennis Jr. Thornley, Trisa Gail Supreme Court cases Description An account of the resource Associated Press article about an attempt to delay the execution of Aubrey Dennis Adams Jr., who was convicted of the murder of Trisa Gale Thornley. Mike Mellow was the defense attorney for Adams, and wanted to get the execution delayed in order to appeal the guilty verdict on the grounds that the jury was biased. Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Unknown Publisher An entity responsible for making the resource available History 298 at the University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource n.d. Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 jpeg Language A language of the resource English Identifier An unambiguous reference to the resource within a given context 101 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Washington D.C Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document The United States Supreme Court refused to grant a delay in the execution of Aubrey Dennis Adams last week. Adams stands convicted of killing eight year old Trisa Gail Thornley in 1978. It is said that Adams was acquainted with the young girl's family, and was responsible for making an "obscene" phone call to her family after kidnapping and killing her. Thornley was found dead in a wooded area on March 15, 1978. Adams' attorneys are filing for an appeal on the grounds that they believe the jury was not picked properly, and was biased as an effect. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Moncure-Williams, Mackie Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Court Refuses to Grant Delay in Execution Subject The topic of the resource Adams, Aubry Dennis Jr. Thornley, Trisa Gail Supreme Court Cases Description An account of the resource This source is about a man named Aubry Dennis Adams, who was given the death penalty after being convicted of murder. Mike Mello was his defense attorney, and was attempting to get Adam's case reheard on the grounds that the jury was biased. Creator An entity primarily responsible for making the resource Moncure-Williams, Mackie Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 2016-03-18 Format The file format, physical medium, or dimensions of the resource 1 JPG Language A language of the resource English Identifier An unambiguous reference to the resource within a given context 101 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Washington D.C Rights Information about rights held in and over the resource 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. https://hist299.umwhistory.org/files/original/509c933a7dedae9b003f9fa7dcdc2ef4.jpg ea4fe3b3bbff4ed60843e0d8fdb1d338 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document ATLANTA — The execution of a convict who was under 18 at the time he committed the crime would violate evolving standards of decency established by history and law, an attorney argued before the 11th U.S. Circuit Court of Appeals yesterday. Mike Mello represented Florida Death Row inmate Paul Magill, who was 17 when he was charged with first-degree murder, rape and armed robbery of a 25-year-old Marion County convenience store clerk. "If the state says he is too immature to vote, too immature to buy liquor for another four years, too immature to go to jai alai and bet, too immature to enter into a contract, too immature to make out a will . . . the state can't turn around and say you're mature enough to be executed," Mello argued. But Margene Roper, an assistant Florida attorney general, said Mello's characterization of his client pales against "the brutal savage act of murder" committed by Magill. "You can't say that no one knows murder isn't evil . . . simple immaturity is not going to excuse that act," she said. "The capital punishment of a juvenile is a fair form of retribution for a crime that so defiles the dignity of the community," Ms. Roper said. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Phillips, Lydia Notes Additional information regarding your item. This content will not be viewable in the Public View. Found on A-7 Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Lawyers Argue Over Executing Young Slayers Subject The topic of the resource Capital punishment--Georgia Description An account of the resource An article on the execution of juveniles in the state of Florida by the 11th U.S. Circuit Court of Appeals. Source A related resource from which the described resource is derived Times-Union and Journal Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1986-03-29 Rights Information about rights held in and over the resource 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 The file format, physical medium, or dimensions of the resource 1 jpg Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant United States 11th U.S. Circuit Court of Appeals capital punishment court court case Florida Georgia Juvenile Mike Mello minor https://hist299.umwhistory.org/files/original/9673bb57072622209461797ee03ab40d.jpg e8f50edc45e660aa1fd81170b90ad97f https://hist299.umwhistory.org/files/original/68df457b36014a2f02f30c5810e8e09e.jpg 1cd43411217c07114149f6d7b410ac09 https://hist299.umwhistory.org/files/original/a0286f09949f613d43e7ae6b27b4706e.jpg 57b610ebe113b0cf8f1732aecbd1c2aa Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document In a first-degree murder case, when a judge and a jury don’t see eye-to-eye on the sentence, as has occurred at least five times in the last seven years in Escambia County, the judge gets the last word. In four local cases, judges overrode jury recommendations for life in prison and imposed the death penalty, deciding that aggravating circumstances outweighed mitigating circumstances. And in one case, a judge overrode a jury recommendation for the death penalty and imposed a life sentence. It’s a system that Chief Escambia Circuit Judge M.C. Blanchard would like to see changed: He’s in favor of proposed legislation that would require judges to follow jury recommendations for life sentences but would allow them to override jury recommendations for death. “It would help a great deal in keeping our death penalty constitutional.” He said, adding that the jury should have access to the same pre-sentence information – currently, some of it is confidential – that the judge has in determining the sentence. Here’s a rundown of the five local cases: In 1978, Judge George Lowrey ignored a jury’s advice and sentenced to death Thomas McCampbell, convicted in the murder of Winn-Dixie security guard Buddy Ray. The Florida Supreme Court later upheld the conviction but reversed the death sentence. In 1979, Judge William Frye overruled a jury recommendation for a life sentence and imposed the death penalty on Marvin Edwin Johnson, Convicted in the killing of Warrington pharmacist Woodrow Moulton. The Florida Supreme Court upheld the conviction and sentence, and Johnson is on death row. In 1980, in a rare reverse decision, Frye overrode a jury recommendation for death and sentenced Edward Clifton Cleveland to life in prison for murdering a 15-year-old runaway girl and then dismembering her body and placing some parts in sealed garbage bags. In 1983, Judge Joseph Tarbuck overrode a jury recommendation for life and sentenced to death Anthony Brown, accused in the murder of Veteran’s Gas Co. delivery man James Dasinger. Three weeks ago, after a retrial won on a technicality, Brown was acquitted, the result of the star prosecution witness flip-flopping on his testimony. Also in 1983, Judge William Rowlet overrode a jury’s recommendation and sentenced to death William Eutzy, convicted in the murder of West Hill Taxi Stand driver Herman Hughley. The Florida Supreme Court upheld that conviction, and Eutzy is on death row. Exactly what goes through a jury’s mind during its secret proceedings is difficult to determine; by contrast, judges are required by law to provide a written explanation for imposition of the death penalty. What follows is a look back at the Johnson and Brown cases. In court testimony, Warrington Pharmacy employee Gary Summitt, an eyewitness, gave this account of Marvin Johnson’s armed robbery and murder of Woodrow MoultonL Summitt went to the back of the store to as Moulton a question and found Johnson holding a gun on Moulton and ordering him to fill a bag with drugs and money. After obtaining what he wanted, Johnson started toward the front of the store, and Moulton grabbed a gun from behind the prescription counter. There was an exchange of gunfire, with Moulton firing at Johnson until his gun was emptied. No longer able to defend himself, Moulton stood up with his hands in the air. Johnson walked to within a foot and a half of him, said, “You think you’re a smart son-of-a-bitch, don’t you?”, shot him in the chest and fled. The jury after finding Johnson guilty, recommended that Judge Frye impose a life sentence. Instead, Frye sentenced Johnson to death, a decision that was upheld in a split decision by the Florida Supreme Court. Interviews last week with jurors indicate some were pleased with Frye’s decision and others were not. “I didn’t want to have a guilty conscience, even though I thought he deserved death,” said Rugby Watford. “I was glad the judge did what he did.” “I just don’t believe you can (sentence him to death) on one witness,” said Doroth Grissom. “I said maybe he did it. We really didn’t feel he deserved that chair.” “One of the questionsthey asked the jurors was whether we could impose the death sentence, and we all said yes then when it was time to decide, a lot of the jurors said their religious beliefs wouldn’t let them vote for the death penalty,” said Constance Fletcher. “To me, that’s an obstruction of justice. I was really upset. I was so happy when the judge overruled us.” “(Johnson) went in with the intention of getting drugs, not with the intention of shooting (Moulton),” said Pearl Middlecoff. “If Moulton hadn’t shot at him, he would be alive today . . . I put myself in (Johnson’s) position. I probably would have done the same thing. I think the judge was very much out of place.” Frye, who had found five aggravating factors and no mitigating factors, said he has no second thoughts about his decision. “Moulton was out of ammunition and holding up hs hands. Point-blank, 2 or 3 feet away, he fired right through his heart. That was a cold-blooded murder,” he said. In the Supreme Court appeal, four justices concurred with Frye that “death is the appropriate sentence to be imposed for this atrocious and cruel execution murder committed during the commission of an armed robbery by an escaped convict who previously had been convicted of felonies involving the use of threat or violence.” Three justices dissented, saying that “the fusillade of pistol shots initiated by the victim and the apparent conscious act of the appellant to spare the two other occupants of the premises from kidnapping or murder support a reasoned judgment by the jury in favor of a life sentence.” Frye pointed out that in the Cleveland case, he overrode the jury in the opposite direction because the case law prevented him from considering that the body was cut into pieces after death. “I knew it was a risky thing to do in a political sense,” he said, “but I could not sentence that man to death knowing it was against the law . . . The jury (got) all inflamed because it was so gruesome.” The case against Anthony Brown, accused in the first-degree murder of Veteran’s Gas Co. deliveryman James Dasinger, rested largely on the testimony of co-defendant Wyndell Rogers, who pleaded guilty to a reduced charge of second-degree murder in exchange for his testimony. During the first trial, Rogers said Brown set up Dasinger to make a delivery in a sparsely populated area of Cantoment and then killed him with a shotgun blast to the chest. The jury found Brown guilty and recommended a life sentence; but Judge Tarbuck, finding the four aggravating factors, sentenced him to death. On a reversal unrelated to his sentence, the Florida Supreme Court granted Brown a new trial. And at that trial, after Rogers recanted his testimony and said Brown was not even present when Dasinger was killed, a jury found him innocent. “That’s a lesson that a judge should never impose the death penalty on the basis of one person’s testimony,” said Micheal Mello, a Tallahassee attorney who has handled several death override appeals. “It sends shivers up my spine.” Bob Dennis, Brown’s defense attorney at the first trial, agrees. “I don’t think a person should be sentenced to death unless the evidence is absolutely clear, unless there’s a smoking gun,” he said. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Escambia Cases Show Examples Creator An entity primarily responsible for making the resource Graybiel, Ginny Source A related resource from which the described resource is derived News Journal Subject The topic of the resource Capital punishment Description An account of the resource News article describing the death penalty, judicial override, and examples from past cases that had examples of these issues. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource 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. Language A language of the resource English Format The file format, physical medium, or dimensions of the resource 3 JPG death penalty Florida Supreme Court Judicial Override