1 20 37 https://hist299.umwhistory.org/files/original/97040e71d30a05e6d126b5e336ade784.jpg f2e8867438cd5c4eb5abfd4bd8ce04d6 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 3, 1995 Text Text Any textual data included in the document TALLAHASSEE - The Florida Supreme Court has put on hold "Crazy Joe" Spaziano's latest appeal to overturn his death sentence until Gov. Lawton Chiles decides whether the convicted killer should be granted clemency. In an order Thursday, the court said it will hold Spaziano's motion for a new hearing "in abeyance" until Chiles announces his decision. When the governor will announce his intentions isn't clear. Dexter Douglass, the governor's general counsel, said the Florida Department of Law Enforcement is still investigating the 22-year-old murder case to determine whether there is any new evidence. "We don't have any timetable on this," Douglass said. "We haven't gotten all of the information we are going to have." Chiles is being asked to absolve Spaziano of the charges that have kept him on Death Row since 1976. The former motorcycle gang leader was scheduled to be executed on June 27, but Chiles granted an indefinite stay after the state's main witness recanted key testimony. That witness, Anthony Dilisio of Pensacola, now says that what he testified to two decades ago wasn't true. He said he was coerced by police - and his father - to say that Spaziano took him to a rural dump and showed him the bodies of two women he said he killed. The case involved the death of Laura Harberts, an 18-year-old records clerk at an Orlando hospital, whose remains were found in rural Seminole County in 1973, and another person, never identified. Dilisio told The Herald in June that his memory is clearer about the time in his life when, as a teenager, he was the star witness in the sensational murder trial and a rape trial. Vermont law Professor Michael Mello, Spaziano's lawyer, called Thursday's court order "a very novel approach to judicial abstention - that the court ought to postpone a ruling pending a decision by another branch of government." But Mello said he is not optimistic that FDLE's new investigation will persuade Chiles to spare Spaziano. Only the government can recommend clemency, and then his recommendation must be approved by three Cabinet members. 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. Simmerman, Ryan 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 'Crazy Joe' appeal request on hold Subject The topic of the resource Florida Supreme Court Spaziano, Joe Florida Department of Law Enforcement Description An account of the resource The Florida Supreme Court has put a hold on "Crazy Joe" Spaziano's latest appeal attempt because the Florida Department of Law Enforcement is still investigating his murder case to figure out if there is any new evidence. Creator An entity primarily responsible for making the resource Nickens, Tim Source A related resource from which the described resource is derived The 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 1995-08 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 Orlando, FL Tallahassee, FL Crazy Joe Spaziano Florida death penalty Florida Supreme Court https://hist299.umwhistory.org/files/original/86bc344cabc05589b38027186ae86b66.jpg c116f6a7090dba168f2f3670557fcbc9 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 3, 1995 Text Text Any textual data included in the document A defense lawyer plans to challenge the secret state investigation that led Gov. Lawton Chiles to sign a new death warrant last week for “Crazy Joe” Spaziano. The basic problem with the secret report, said law professor Michael Mello, representing the condemned man: It’s the only part of the state’s case against Spaziano that’s still intact. At the very least, Spaziano should be allowed to read it and challenge it before it’s used as a justification to kill him, Mello said Monday. Replied Deputy Attorney Gen-eral Pete Antonacci: “We’re defending the governor. We think the governor acted prop-erly, and we think the warrant is viable and should be carried out.” The latest twists in the long case began two months ago, when the key trial witness against Spa-ziano recanted his testimony. At the trial, a teenaged Anthony Dilisio testified that Spaziano took him to a rural trash dump to show off the remains of murdered hospital clerk Laura Harberts. But Dilisio apparently didn’t recall details of the gruesome scene until he had been questioned extensively by police and hypnotized twice. Now, he says the memory was fabricated and his testimony was coached by investigators. In the wake of the revelations, Chiles postponed Spaziano’s exe-cution and ordered the Florida Department of Law Enforcement to examine the case. Last week, Chiles signed another death war-rant for September after FDLE agents reported that several peo-ple--who were promised confi-dentiality by the state--recalled hearing statement that impli-cated Spaziano around the time of the murder. Mello said he’ll add the chal-lenge to his pending appeal before the state Supreme Court. But Mello says he’s not planning to pursue further appeals in the fed-eral district court if the current petition is rejected. 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. Payne, 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 'Crazy Joe' defense to dispute secret probe Creator An entity primarily responsible for making the resource McKinnon, John D. 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 1995-08-29 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 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 Woodland Park, NJ Subject The topic of the resource Capital punishment Description An account of the resource On Tuesday August 29, 1995, "Crazy Joe" Spaziano's defense lawyer Michael Mello challenges death warrant. Source A related resource from which the described resource is derived McKinnon, John D. "'Crazy Joe' defense to dispute secret probe." The Herald (Woodland Park, New Jersey), August 29, 1995. "Crazy Joe" Spaziano capital punishment death penalty defense lawyer Michael A. Mello https://hist299.umwhistory.org/files/original/7c9325745e4cffe09632b159506dec88.jpg e12e6a49f2e5d700b214da95a966a810 https://hist299.umwhistory.org/files/original/d05cc4b677e03a540904a5bf46932274.jpg 61b9c21d4ed04364b3129acfc9ef3d3a 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 3, 1995 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. Berry, Rebecca Text Any textual data included in the document Tallahassee --- Satisfied with a confidential investigation into one of Florida’s longest-run-ing death row cases, Gov. Law-ton Chiles on Thursday signed a new death warrant for “Crazy Joe” Spaziano.     The protracted, 20-year trek to Old Sparky was sidetracked two months ago when the main wit-ness in the case recanted his testi-mony. Chiles ordered investiga-tors to look anew at the murder of Laura Harberts, an 18-year-old Orlando hospital clerk whose skeleton was found in a rural dump.       Florida Department of Law Enforcement agents interviewed the witness – who said he lied when he testified that Spaziano had shown him the woman’s remains – and at least eight oth-ers who did not testify in the trail but not say they have knowledge in the case.       Their names may never be released; all were promised ano-nymity by investigators.      “This exhaustive review removes any doubt in my mind about this case,” Chiles said. He is the third Florida governor to sign a death warrant in the case.      “I can honestly say they’re put-ting him to death through lies,” said Tony Dilisio, the witness whose original testimony tied Spaziano to Harbert’s body.      “What I said back then was all made up, fabricated.”      FDLE investigators told the governor: <ul> <li>New witness – including former motorcycle gang mem-bers and inmate who shared a cell with Spaziano – say Spa-ziano bragged of killing Harberts.</li> <li>Chicago police believe that Spaziano killed a fellow Outlaw and his wife after he had told them about the murder while drunk.</li> <li>An unidentified man told agents that he saw Spaziano and another man hauling something “the same shape and size of a human body wrapped in fabric” into a wooded area about the time of the Harberts disappear-ance.</li> <li>Before the trail, Dilisio told people other than the police about Spaziano showing him the</li> </ul> (PLEASE SEE ‘CRAZY JOE’, 16A) [Additional title on second page]: Recanted testimony fails to changed governor’s mind He signs new death warrant for ‘Crazy Joe’ (‘CRAZY JOE’, FROM 1A) bodies.     Dilisio said Thursday that he remembers telling many of his friends when he was a teenager about Spaziano and seeing bodies. “But it was all lies. It made me feel cool,” Dilisio said. “I remember bragging. It made me feel important. The more I told the story, the more believable it got.” Teen volunteers information Harberts disappear Aug. 5, 1973. Her remains were found there weeks later in an Altamonte Springs dump, lying atop another skelton that was never ideti-fied.       The case went unsolved – the medical examiner was never able to even determine a cause of death – until Tony Dilisio, then a 16-year-old drug user in juve-nile detention center, told police he had heard Spaziano brag about the slaying.      His recollections were vague so police hypnotized him to get details.     Spaziano was a biker he admired, Dilisio told them. One day, after drinking beer and tak-ing some LSD, he was taken to the dump by Spaziano, who dis-played two mutilated bodies.     Dilisio was a powerful witness in the case. The prosecutor in the case, Claude Van Hook, has said that Dilisio was not only the state’s “pathologist in this case,” but that also, without him, “we wouldn’t have case.”       Spaziano was convicted and the jury recommend life in prison. The judge instead sen-tenced Spaziano to death, citing the brutality of the crime from Dilisio’s account.       Witness recants      But two months ago, Dilisio told The Herald that his testi-mony at Spaziano’s 1976 murder trial was untrue. He said police coerced him to make the false statements. The promised to spring him from detention and drop breaking and entering charges if he cooperated.       He said Spaziano never took him to the dump, and never bragged about murdering the women. It was the police, he said that took him there, to jog his memory.       “I never saw any bodies,” Dili-sio repeated Thursday. “It just didn’t happen.”      The FDLE interviewed Dilisio June 13. He told him he was eager to please the police back then and told them what he thought they wanted to hear.      In their report, FDLE investi-gators called Dilisio’s recantation was rambling and contradictory. Report is secret       Mike Mello, Spaziano’s attor-ney, said he is trying to get the report, he names of the wit-nesses and investigator’s notes from the state.      “The reason they don’t want me to see the identity of these super secret witnesses is they have something to hide,” Mello said.      Mello said without the names, he has no way of questioning the people accusing Spaziano of murder. He also said Chiles and the FDLE are discounting Dili-sio’s recantation because what he is saying today is “inconvenient for the state.”       Dilisio has offered to take a lie detector test but FDLE investiga-tors haven’t replied.      “I guess they don’t want to hear what I have to say. I doesn’t fit in with their story,” Dilisio said.      Chiles said Spaziano has had enough chances.       “Joseph Spaziano has received due process,” Chilies said, “and justice demands that he now face the consequences for the crimes he has committed.” [Pull Quote]: ‘Joseph Spaziano has received due process, and justice demands that he now face the consequence for the crimes he has committed.” GOV. LAWTON CHILES [Pull Quote]: ‘But it was all lies. It made me feel cool. I remember bragging. It made me feel important. The more I told the story, the more believable it got.” TONY DILISIO, witness who recanted testimony against Spaziano [Photograph; Photograph Caption]: MULTIPLE APPEALS REJECTED: Joseph Spaziano 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 'Crazy Joe' is guilty, must die, Chiles says Subject The topic of the resource Capital punishment Florida Department of Law Enforcement Description An account of the resource One of 'Crazy Joe' friends says he was and was not lying to the cops and his testimony was a big part of putting Spaziano away. Creator An entity primarily responsible for making the resource Rozsa, Lori Silva, Mark 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 1995-08-25 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 Tallahassee, FL https://hist299.umwhistory.org/files/original/29dff63ea4bf031528d23136d9fdff69.jpg 337b98eaf72f25d6baf7ad2c1be510aa 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 3, 1995 Text Text Any textual data included in the document Your "Kill the Lawyers" editorial, along with the daily televised antics of O.J. Simpson's all-star cast of defense lawyers, reveals much of what is wrong with the legal profession today. F. Lee Bailey's cynical playing of the race card suggests that the public's distrust of lawyers flows not from the fact that people don't understand what lawyers do, but rather that the public does understand. David von Drehle's recent book. "Among the Lowest of the Dead: The Culture of Death Row," provides a useful antidote to the public's revulsion with the culture of lawyers. Von Drehle explores Florida's recent experiences with capital punishment, and he does so by focusing on the people- lawyers, mostly, but by no means exclusively-who work within the reality of capital punishment as a legal and political system of deciding who dies, The book focuses on one character who was at the center of Florida's attempts in recent years to make executions a reality. Craig Bernard, who spent his entire legal career working on behalf of Florida's condemned population, was the architect and driving force behind the loosely affiliated group of lawyers who demanded that Flordia keep its promises of fairness to those whom the state was trying so hard to annihilate. Mr. Barnard did this work as a public defender, working for the lawyerly equivalent of sub-minimum wage; he always worked in self-imposed obscurity, insisting that others- including myself, during the two years I served as a public defender under Mr. Barnard-recuvebe the credit for victories for which he was really the person responsible. Significantly, Mr. Barnard's job was not, as you quoted Swift, to prove that "white is black and black is white, according to how they are paid." Rather, he always taught that our job, as lawyers for death row, was to fill out the full picture of the person whom the state wanted to kill, a portrait the seldom emerges at capital trails in the southern jurisdictions that comprise the Death Belt. It was all about situating the crime- and the criminal- in context.Mr. Barnard's aim was to tell the prisoner's whole story, in the hopes that such a full view would make it less easy to reduce his clients to one hideous crime they committed in one day of their lives (except for the ones who were innocent). Whenever I hear people trashing lawyers, I think about Craig Barnard. With the publication of Von Drehle's book, I hope that others will as well. Contributor of the Digital Item Person submitting the digital item to the collection. 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 "A Lawyer Who Served Life" Subject The topic of the resource Lawyers Description An account of the resource A newspaper article from the "Rutland Daily Herald" by Michael Mello. It is four paragraphs long. It discusses the public's view of lawyers and why they are not trusted Creator An entity primarily responsible for making the resource Mello, Michael Source A related resource from which the described resource is derived Mellow, Michael. “A Lawyer Who Served Life.” Rutland Daily Herald, April 5, 1976. 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 1976-03-05 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. Format The file format, physical medium, or dimensions of the resource 300 dpi 1 JPG Language A language of the resource English https://hist299.umwhistory.org/files/original/8cd0e54028010de33a0d2b1884905c80.jpg 5f1b353effa4f2c49da912419bda5ab3 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 3, 1995 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. Gaddie, Jason Text Any textual data included in the document A death penalty mistake On June 27, Joseph Robert Spaziano is scheduled to die in Florida’s electric chair. A powerful case can be made for why he shouldn’t. Spaziano, as his former attorney describes him, is no boy scout. He was a member of the Outlaws motorcycle gang. He was convicted of raping a 16-year-old and slashing her eyes in 1975. While he was serving a life sentence for that crime, he was indicted and convicted for the murder of Laura Lynn Harberts, an 18-year-old woman whose body was found in a garbage dump. But the lawyer, Michael Mello, now a law professor in Vermont, also describes Spaziano as a man who is going to be killed by mistakes, the errors of a judicial system that has deemed his case reviewed and therefore, inexplicably, has chosen to ignore a preponderance of reasons casting doubt that he was the murderer. As Mello wrote (see page 1D) in a plea to spare his former client, whom he represented on appeal, “Mr. Spaziano is, I believe in my bone marrow, innocent.” Give weight to the courts would not: A jury recommended a life sentence for Spaziano because of the member’s doubt of his guilt. Twice jurors told the judge they could not reach a verdict, and the judge pressured them saying. “do your duty to agree on a verdict, if possible, so this case may be disposed of.” The judge then overrode the jury’s sentence recommendation. The testimony of the state’s chief witness was based on recall extracted by police hypnosis, a fact not disclosed to jury or judge. The prosecution told the court that if it didn’t have this witness’ testimony. “we’d absolutely have no case here whatsoever.” Too late for Spaziano, the Florida Supreme Court ruled such testimony inadmissible because it is so unreliable. Two years after the murder, when attention turned toward Spaziano, he had no recall of where he was when the Orlando women disappeared. Although it is not an easy feat for most people to pick a time 24 months prior and re-create a day’s activities, Spaziano has another reason for being short on memory. In 1966 he suffered a severe head injury in a car accident, the variety of which is classically connected to organic personality syndrome. On the same day he signed Spaziano’s death warrant, Gov. Lawton Chilles said he was uncertain whether he would sign a bill the legislature passed that would reduce the importance of a jury’s sentencing recommendation. Spaziano’s experience should erase any doubt about the bill’s dangerous consequences. Clemency is the only clear route to justice in the Spaziano case, which Chiles should not let be another tragic example of the death penalty’s tragic flaw. No matter how one feels about capital punishment, no one should be able to bear the thought of executing a person by mistake. 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 A death penalty mistake 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 Date A point or period of time associated with an event in the lifecycle of the resource 1995-06-04 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 St. Petersburg, FL Source A related resource from which the described resource is derived "A death penalty mistake." St. Petersburg Times, June 04, 1995. Subject The topic of the resource Executions--1990-2000 Death penalty Description An account of the resource A motorcycle gang member, Joseph Robert Spaziano, is convicted and sentenced to death for the murder of an 18-year old woman. However, new doubts emerge about the crime, and the court proceedings and Spaziano's mental health are called into question. Clemency for Spaziano is called for. https://hist299.umwhistory.org/files/original/9527903e1c8978ce8a0f59344070a78c.jpg fdc007b3ce6410d831d2416bf842f801 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 3, 1995 Text Text Any textual data included in the document [handwritten] Sunday- Aug. 27 [handwritten] St. Pete Times A man may die under cover of secrecy Martin Dyckman If Joe Spaziano had a fair trial, so did the Salem witches. For 302 years, no other American has been put to death on the unsupported testimony of an addled teenager. The state’s only witness now insists he lied under the influence of police pressure, hypnosis and possibly drugs at Spaziano’s murder trial 20 years ago. Yet the governor has ordered Spaziano’s electrocution to proceed Sept. 21. I do not understand how Lawton Chiles, a decent and considerate man, can be so certain. Even the jurors weren’t. They recommended life. Because this killing will be done in our names, we had all better pray that Spaziano really is the man who raped and butchered Laura Lynn Harberts, an Orlando hospital clerk, and left her body at a trash dump. But even if he is, there are serious implications that will outlive him. It will be the first time in memory that someone went to his death on the strength of secret evidence. Secret evidence! Even the Salem witches were condemned entirely in public. The governor has a Florida Department of Law Enforcement Report supposedly showing that the key witness, Tony DiLisio, was telling the truth then (and not now) when he testified that Spaziano took him to the dump and boastfully showed him the corpses of Harberts and another woman who was never identified. The FDLE’s new witnesses have never been heard or cross-examined in any court, however. They never will be, if the governor has his way, because the FDLE promised them confidentiality. It is claimed they are afraid of Spaziano’s former associates in the Outlaws motorcycle gang. This may be true. Still, courts have ways of putting witnesses on the stand without jeopardizing them. For example, one of the governor’s secret witnesses is said to be another former Outlaw already in the federal government’s witness protection program as an FBI informant. He says - according to the governor’s news release - that Spaziano had admitted to him before standing trial that he had killed the two women and had showed their bodies to a young man who he feared would betray him. Very interesting. For all we know, it could have been this witness himself who killed the women. The governor’s secret witnesses also supposedly include friends and family members who assert that the police and their lay hypnotist didn’t manipulate DiLisio and that he told the story he now denies before the hypnosis, before the trial, and for 20 years since. That too maybe true. But that governor’s secret evidence also includes the FDLE’s videotape of a June 14 interview with DiLisio in which he insists in forceful terms that what he says NOW is the truth. Such conflicts belong in open court rather than a secret file – especially when a life is at stake. I haven’t seen the tape. I do have what purports to be a transcript, sent by Spaziano’s attorney, Michael Mello, who has filed his bootleg copy of the tape with the Florida Supreme Court under seal. In the transcript, DiLisio says of the crucial visit to the dump that “The cops brought me there. I had never been there in my life until they brought me there.” Did Spaziano ever take him? “No, never.” Had he ever told the police anything before being hypnotized? “No, all the facts that I had I got from them to be able to read them back to them.” Throughout the transcript, the FDLE’s crack agent repeatedly refers to Spaziano as “Foranzo,” ”Sporanzo,” or “Spilanzo,” until DiLisio eventually corrects him. Could that be one of the reasons the governor doesn’t want the file made public? What else did the FDLE get wrong? And what has happened to the nation’s best open-government laws? Relying on a 1993 revision that caught the media lobby napping, Chiles invokes a total exemption for any record having to do with executive clemency. How convenient. Clemency happens to be one of the black holes of American jurisprudence. The Supreme Court won’t touch it. For all the courts care, the governor could go to Doak Campbell stadium at halftime and let the crowd decide Spaziano’s fate with thumbs up or thumbs down, Roman style. The governor’s spokesman, Ron Sachs, tried to persuade me it’s not a secret report because the governor and his staff have reviewed it “thoroughly.” Indeed. Much as we all love and respect Lawton Chiles, secrecy is a petri dish for corruption as well as for honest miscarriages of justice. Under such cover, a less trustworthy administration easily could sell pardons. It happened in Tennessee under Ray Blanton. Only the Florida Supreme Court, it appears, can now interrupt this fatal farce. Though the court no longer allows hypnotically induced testimony in criminal trials, it has refused to reopen Spaziano’s case on the grounds that his lawyers raised the issue too late. The state would argue that DiLisio’s recantation also comes too late. But, God help us all, what if he is telling the truth? Martin Dyckman is associate editor of the St. Petersburg Times. 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 A man may die under cover of secrecy Subject The topic of the resource Spaziano, Joe Capital punishment Description An account of the resource Joe Spaziano's execution is still likely to occur even though the only witness recanted his testimony. Most of the evidence that Governor Lawton Chiles has to condemn Spaziano has not been made publicly available or brought to court. Creator An entity primarily responsible for making the resource Dyckman, Martin Source A related resource from which the described resource is derived Dyckman, Martin. "A man may die under cover of secrecy." St. Petersburg Times. 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 St. Petersburg, FL Evidence Joe Spaziano https://hist299.umwhistory.org/files/original/bf3973aa4bcbdae112f27b984c158075.jpg 8dea838a50aa6fbca2c878a857ba8e53 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 3, 1995 Text Text Any textual data included in the document [[Start Page]] TALLAHASSEE-- An agency that finds volunteer lawyers to handle appeals for inmates on death row is closing its doors in anticipation of losing its $1.5 million in federal funding. Tallahassee-based Volunteer Laywers' Post-Conviction Defenders Organization, which recently handled the unsuccessful appeal of Bernard Bolander, has been laying off staff and trying to find attorneys to take over the 50 cases on its books before losing its doors Sept. 30, Matthew Lawrey, the center's co-director said Tuesday. All but eight of the agency's original 23 staff members have been laid off as the center set about implementing a directive from the Administrative Office of the Federal Courts to begin an orderly shutdown. The office formerly called the Resource Center, is one of 20 such centers being shutdown across the nation. Earlier this summer, the Republican-led House Appropriations Committee eliminated the $20 million in funding for the centers that handled the appeals of about half of the nation's 3,000 death row inmates. In a letter to attorney Mike Mello, who represents death row inmate Joe Spaziano, agency co-director Jennifer Greenberg wrote the group will be unable to help in assisting with Spaziano's appeal or with the investigation of issues in his case. Spaziano is scheduled to die Sept. 21. Unlike some other states-- such as Texas -- Florida has a state agency, the Office of Capital Collateral Representative, which also handles death row inmates' appeals. Mike Minerva, head of CCR, said he doesn't yet know how the closing of the lawyers' organization will affect his caseload. "It may leave some clients without counsel," Minerva said. His office said it would be able to handle most of the cases, if it receives additional funding. Some cases, he said, such as those of co-defendants, have to be handled by someone else, to avoid conflict-of-interest problems. Right now, CCR is handling appeals for about half of Florida's 350 death row inmates. [[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. Huber, Amanda 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 Agency that helps inmates on death row to close doors 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 1995-08-30 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 Subject The topic of the resource Death row Description An account of the resource In Tallahassee Florida an agency is being shut down that helps inmates on death row. The agency is losing its federal funding and cannot keep its doors open for inmates. Another agency in Florida is going to attempt to take over the caseload. Creator An entity primarily responsible for making the resource Associated Press 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 Tallahassee, FL Florida Death Row https://hist299.umwhistory.org/files/original/b623fe5db2841f38685de43925d176a1.jpg f5161ae193c29a973f0e8c8cb04feae5 https://hist299.umwhistory.org/files/original/c145c27ad65e883e9ccc708f4297cb4b.jpg 092597efba95011f958f2d5922db532b 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 3, 1995 Text Text Any textual data included in the document These cutouts from the Tampa Tribune reports the order from governor Lawton Chiles of Tallahassee to execute "Crazy" Joe Spaziano after new evidence from unknown witnesses turned up in the case. Chiles, from the new evidence reported is quoted as being certain that the murders were of Spazianos doing. Spaziano had till this point appealed to the courts a total of 16 times, all of these appeals eventually being rejected. The evidence did not settle well with Spazianos attorney, Michael Mello as he believed the evidence was fraudulent. The case had garnered national attention and Mello had managed to take it to the Florida Supreme Court after many outlets spoke out against the prospect of execution. 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. Helms, Brendan 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 Chiles orders execution of killer Subject The topic of the resource Chiles, Lawton Spaziano, Joe Description An account of the resource Governor Chiles orders the execution of Joe Spaziano after new evidence from witnesses is presented. Spaziano's attorney, Michael Mello, is reported as believing this information from the witnesses is fraudulent. Creator An entity primarily responsible for making the resource Metz, Kevin Source A related resource from which the described resource is derived Tampa Tribune 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 1995-08-25 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 https://hist299.umwhistory.org/files/original/917d59c726b94e4798461c6cc91f740d.jpg 0eabf3ec51e2a2d8e90b9e12c5fa8fd0 https://hist299.umwhistory.org/files/original/bc0139667d16e63126729e181ea7bb18.jpg 517bbd902c0db8925221a92199e71bfe 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 3, 1995 Text Text Any textual data included in the document Chiles spared Florida from a capital crime Until Gov. Chiles intervened Thursday, Joseph Spaziano was going to be executed for murder in 11 days, even though: <ul> <li>Key evidence was based on a discredited theory of hypnosis.</li> <li>He was sentenced to death by a judge who overrode the jury's recommendation of life in prison.</li> <li>The jury doubted his guilt.</li> <li>He couldn't be charged with the crime today.</li> </ul> The case has elements to bother the fiercest advocates of capital punishment. If the O.J. Simpson trial shows that prominent defendants get better treatment, the Spaziano case shows how easy it can be to convict and condemn disreputable citizens. Execution in error can't help but undermine support for the death penalty. But the track was greased for this error until Spaziano's former attorney and The Miami Herald started shouting. Spaziano was president of a motorcycle gang in Orlando when Laura Lynn Harberts disappeared from her apartment in 1973. Sixteen days later, her body was found in a Seminole County garbage dump. The body was so badly decomposed that the medical examiner could not determine the cause of death. Although police began with a different suspect, they turned to Spaziano after Tony Dilisio, then 18, told them that two years earlier, when Mr. Dilisio was eager to join the gang, Spaziano had said something about the murder. Mr. Dilisio also said he had been drinking and using LSD and marijuana and couldn't remember what Spaziano had said. After two sessions with a hypnotist, though, Mr. Dilisio was able to "recall" graphic, incriminating comments by Spaziano. The prosecutor told the judge in open court that without Mr. Dilisio's testimony, "we'd have absolutely no case here whatsoever." In his closing argument, he told the jurors that if they didn't believe Mr. Dilisio, they had to vote for acquittal. The jurors were not told Mr. Dilisio had been hypnotized. The same hypnotist, Joe McCawley, had earlier helped an eyewitness "remember" evidence that helped send Freddie Pitts and Wilbert Lee to Death Row for 12 years. They were pardoned in 1975, after someone else confessed to the murder for which they had been convicted. When Spaziano was tried in 1978, Florida allowed hypnotically assisted evidence. People under hypnosis are highly responsive to suggestions, which is why hypnotism helps some people diet or quit smoking. They are less alert to the difference between fact and fiction. For those reasons, Florida joined most other states in barring hypnotically assisted testimony--in 1985. In Mr. Dilisio's case, he had been using hallucinogens during the period he was "recalling." So if Mr. McCawley did find a "real" memory to recall, it may have been only a recalled hallucination. After ruling hypnotic testimony inadmissible in another case, the Florida Supreme Court rejected an appeal to reverse Spaziano's conviction. Michael Mello, Spaziano's appeals attorney who is now a law professor in Vermont, blames "a legal technicality, the idiotic retroactivity doctrine." It holds, in effect, that evidence that can't be trusted today was reliable yesterday. Spaziano has been to the Florida Supreme Court four times and the U.S. Supreme Court twice, losing all six times. Those are the "endless appeals" proponents of capital punishment complain about. But in none of these appeals--not one--was Spaziano's guilt considered. A guilty verdict can't be appealed without new evidence, and in Spaziano's case there is none. But under the logic, if not the law, of the Supreme Court's 1985 decision, there wasn't any old evidence, either. If high courts had no reason to doubt Spaziano's guilt, the original jury did. Jurors twice reported they were deadlocked. Twice Judge Robert McGregor gave them the "dynamite charge," telling them they had a "duty" to reach a verdict. They finally found him guilty, then quickly recommended a life sentence. Mr. Mello has an affidavit from one juror saying the sentence was a trade-off because of "our doubts about whether Mr. Spaziano was guilty of the crime as charged." According to Florida law, guilt is beyond a reasonable doubt, and doubt is not a basis for mitigating punishment. Judge McGregor overrode the jury and sentenced Spaziano to death. He knew, and the jury didn't, that Spaziano already was serving a life sentence for rape. Florida is one of only four states where judges are allowed to override a jury's recommendation. Gov. Chiles signed Spaziano's latest death warrant, and Spaziano's countdown began until Gov. Chiles was persuaded to look back. He stopped the execution to review the case further. For a pardon, he would need three Cabinet members to join him. In any case, Spaziano still has five years to go on his 25-year minimum sentence from the rape case. He says he is innocent of the rape, too, and Mr. Mello is inclined to agree. That can be sorted out later. Spaziano has waited on Death Row since 1978. Someone with authority finally noticed there is no case against him, no evidence that he committed the murder he would have died for. [photograph caption]: Joseph Spaziano in 1976: He was scheduled to die June 27. 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. Trommer, Elise 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 Chiles spared Florida from a capital crime Source A related resource from which the described resource is derived "Chiles Spared Florida From a Capital Crime." The Palm Beach Post (Palm Beach, FL), June 16, 1995, p. 16a. 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 1995-06-16 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 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 Palm Beach, FL Description An account of the resource Governor Chiles stops the planned execution of Joseph Spaziano for murder in order to review his court sentence. Little evidence has been found that holds gravitas in the case, which could spare Spaziano from the death penalty. Subject The topic of the resource Murder & crime Capital punishment. https://hist299.umwhistory.org/files/original/f8889d230da45841a73dde31bf4f7e8c.jpg 4a1448bbd379546caf4a9423ffb66b28 https://hist299.umwhistory.org/files/original/d255c3eea990dde14f753930836d3f22.jpg dd4d12ef1fffd6db2b03cfdc616c1a6d 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 3, 1995 Text Text Any textual data included in the document TALLAHASSEE — With a crucial witness recanting his testimony, Gov. Lawton Chiles has called off this month's execution of Joseph "Crazy Joe" Spaziano. Spaziano was condemned for the 1973 murder of Orlando nurse Laura Lynn Harberts, whose sexually mutilated body was found in a trash dump near Altamonte Springs. He has spent 20 years on death row and was scheduled to die in the electric chair June 27. But Tony Dilisio, a key witness, told Florida Department of Law Enforcement agents this week that he was manipulated by investigators and his testimony was untrue. Diliso was hypnotize to help him recall details. Hypnotically enhanced testimony has since been banned in Florida as unreliable. Now Chiles wants to ponder whether Spaziano's sentence should be carried out. Spaziano's fourth death warrant will expire June 30. After FDLE's review, Chiles has several courses of action: He can choose to let Spaziano remain on death row indefinitely, he can sign a fifth death warrant or he can try to convince three members of the Cabinet to join him in pardoning Spazino or commuting his death sentence to life in prison. The governor's general counsel, Dexter Douglass, said Chiles decided to delay the execution based on an article in the Miami Herald and editorials in the St. Petersburg Times that "raised doubt in the minds of the people of Florida." Those reports appeared after several Florida newspapers, including the Times, published an impassioned essay by Spaziano's former attorney, who wrote that he felt his client was innocent. "It has been brought to our attention through the press that allegations and statements that we've read that this man may be innocent," Douglass said. John Currie of the governor's Citizen's Services Office said his staff fielded 148 calls this week on the Spaziano case — 130 callers urging Chiles to grant clemency and 18 encouraging the governor to let the execution go ahead. Michael Minerva, head of the state office that represents many death row inmates, said he was relived to get word of the stay. "I hope it's because there's substantial doubt about the guild, but I don't know," Minerva said, "But for now the execution has been stayed indefinitely. "Those are the terms of his order." Douglass, the governor's general counsel, would not reveal what other evidence investigators expect to gather during the review. Attorneys for Spaziano are exploring the controversial issue of repressed memories because Dilisio's testimony was said to be plucked from his memory by hypnosis. The ban on hypnotically enhanced testimony in criminal trials came after the Spaziano trial and is not retroactive. A;though it is rare for governors to delay scheduled executions, Chiles has done it before. In January 1993, he rescinded the fourth death warrant for Larry Joe Johnson four days before Johnson's scheduled execution. The governor's pause was prompted by a Florida Supreme Court opinion in which three of the justices wrote that they denied Johnson's appeal with their hands tied by procedural law. Johnson, a Vietnam veteran, suffered from post-traumatic stress syndrome. His lawyers argued he was suffering from side effects from medicine at the time he killed a service-station attendant with a shotgun. Chiles' temporary stay didn't save Johnson. The governor signed a new death warrant, and Johnson was executed in May 1993. The same thing could happen with Spaziano. — Information from Times staff writer Gregory Enns, the Orlando Sentinel and Associated Press was used in this report. 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. Kolodny, Jacob 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 Chiles stays Spaziano execution Source A related resource from which the described resource is derived Knight-Ridder Newspapers 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 1995-06-16 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. 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 Tallahassee, FL Subject The topic of the resource Capital punishment Description An account of the resource Newspaper report from 1995 on the staying of the execution of alleged murder John Spaziano by Florida Governor Lawton Chiles after a witness recanted his testimony due to it being acquired through hypnotic assistance, which had been banned after the conclusion of the trial. Format The file format, physical medium, or dimensions of the resource 2 JPGS 300 DPI https://hist299.umwhistory.org/files/original/e1e73fb6f70ae1c1efef46a0137c9125.jpg 3c4a32f78c43d01ad0696ad3a21399e0 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 3, 1995 Text Text Any textual data included in the document Tallahassee- The Key witness against a motorcycle gang member sentenced to death in a 1973 murder case joined the condemned man Wednesday in asking Gov. Lawton Chiles for clemency. However, attorneys for Joseph Spaziano are losing hope that a Florida Department of Law Enforcement review of the police investigation and trial will convince Chiles to spare the 49-year-old member of the Outlaws Motorcycle Brotherhood. "If Joe sees the end of July, I'll be surprised," said Spaziano's attorney, Michael Mello, a University of Vermont Law professor. "I don't have any faith in the courts anymore in this case and it's really difficult for me to say that." Chiles indefinitely stayed Spaziano's execution and ordered the FDLE investigation earlier this month after the prosecution's star witness, Anthony Dilisio, came forward to dispute his original testimony in the case. Spaziano, nicknamed "Crazy Joe," was convicted of murdering and mutilating Orlando hospital aide Laura Lynn Harberts and leaving her body in a trash dump near Altamonte Springs in 1973. He was sent to death row in 1976 almost entirely based on the testimony of Dilisio, who at the time was an 18-year-old abuser of illegal hallucinogens and who first remembered Spaziano boasting of the murder while under hypnosis by police. Testimony induced by hypnosis no longer is allowed as evidence in Florida courts. The jury in the case, which recommended against the death penalty, was not told Dilisio was hypnotized. Dilisio, 37, now says he doesn't remember Spaziano taking him to the garbage dump and bragging "Man, that's my style," while viewing the mutilated bodies of two women. "Anthony just feels that he has to do what's right and that he was just manipulated by the police and he never saw any bodies," said Dilisio's attorney, Kelly McGraw of Pensacola. Spaziano's attorneys have long asserted that Dilisio was coaxed into "remembering" Spaziano taking him to view the bodies and believe their client was convicted only because of his membership in a motorcycle gang. In fact, Dilisio, a lay preacher who works in Pensacola restoring classic automobiles, now says he only vaguely remembers the trial or anything before his 21st birthday. McGraw said Dilisio told FDLE agents in a videotaped interview that the first time he saw the bodies at the dump was when police officers - not Spaziano - took him there. "I find that to be a recantation," McGraw said. Mello sent Chiles a nearly 200-page plea for clemency Wednesday, including Dilisio as one of the parties requesting clemency. However, Mello and McGraw questioned whether FDLE investigators would probe the methods used to convict Spaziano or simply try to discredit Dilisio's new testimony. "The investigation is beginning to smell more like a whitewash," Mello wrote to Chiles. Dexter Douglass, Chiles' chief legal counsel could not be reached for comment Wednesday and other attorneys for the governor said they could not comment on the clemency request. A spokesman for the FDLE also declined comment on Spaziano's case. Dilisio has agreed to submit to a lie detector test to prove his claims, a test FDLE initially requested but never performed after Dilisio agreed, McGraw said. Mello said he would not be surprised if Chiles signs Spaziano's fifth death warrant Friday after FDLE submits its report. Three previous warrants were stayed as the case worked its way through the legal system. A fourth, scheduled to be carried out June 27, was stayed after Dilisio cam forward. [Picture of Joseph Spaziano: Joseph Spaziano, shown here in 1976, was convicted in the 1973 death of a hospital aide.] 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. Thiessen, Annika 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 Clemency sought in death case Subject The topic of the resource Clemency Death penalty Description An account of the resource The article discusses a plea for clemency in the death sentence of a motorcycle gang member after the key witness for the prosecution recanted their testimony. Creator An entity primarily responsible for making the resource Metz, Kevin Source A related resource from which the described resource is derived The Tampa Tribune 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 1995-06-29 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 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 Tampa, FL Clemency death penalty https://hist299.umwhistory.org/files/original/dc4d9fc66feca1995a9c20f94381fb16.jpg 57e45c4526f7f38873d11d829ba730f9 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 3, 1995 Text Text Any textual data included in the document A reporter once found Public Defender Bob Jagger pacing his office floor as nervously as if he were the defendant about to go on trial. I asked Jagger why he was so anxious, since it was hardly his first murder case. “But this guy is innocent,” he said. “I'm afraid of making some mistake that will get him killed.” Fortunately for them not, the jury thought the man innocent too. I have written about many other criminal cases over the ensuing 30 years. What strikes me now is how very few other defense attorneys have proclaimed their clients’ innocence with such moral certitude as Jagger voiced that day. Almost always, they turned out to be right. So I urge you today to read Michael Mello’s heartfelt account, beginning one page 1D of this section, of his efforts, futile so far, to save Joseph “Crazy Jow” Spaziano from Florida’s electric chair, where he is now scheduled to die in just 23 days. It brings to mind how someone once described law as the “bastard offspring to justice.” In that instance, it was to decry mercy for guilty men. In this, the courts are using the law as an excuse to avoid facing the only question that can verify the justice or injustice of Spaziano’s execution: Was he proved guilty, beyond a reasonable doubt, of murdering Lynn Harberts? He was not. It doesn't matter that he was a biker, an outcast, a card-carrying Outlaw, or even that he also is a convicted rapist. What does matter to us all, if we do not want outrage perpetrated in the name of us all, is whether he is guilty of this murder. Even the jury had doubts, voting 9 to 3 for a life sentence instead of death. But though there is now impressive evidence that Spaziano’s trial was unfair and his conviction unjust, the courts have relied on procedural pretexts- technicalities, if you will- to refuse to let him present any of it to a new jury. The state’s entire case depended not he shaky testimony of a 16-year-old boy whose memory has been “refreshed” by hypnosis, at the hands of an arguably unqualified hypnosis who asked leading questions for the police. (The same hypnotist contributed to the infamous murder convictions of Freddie Pitts and Wilbert Lee, whom Gov. Reunion Askew eventually pardoned because he doubted their guilt.) The Florida Supreme Court no longer allows testimony induced by hypnosis. But where this was “harmless error” in multiple murder Ted Bundy’s case, the courts are content to let it be fatal error in Spaziano’s. There is also evidence that police withheld evidence pointing to the possible guilt of another man. Other men have been set free from death row for that. Not Spaziano. What out to be an unceasing search for truth has becom a morbid game of “Gotcha!” What is even more troubling is that Gov. Lawton Chiles, a man of conscience, has shut his mind and heart to the issue of Spaziano’s possible innocence. Our tradition acknowledges that the justice system can miscarry. This is one of the reasons for the power of executive clemency. Florida’s governor must share with his elected Cabinet, at least three of whose sex members must approve his recommendation for clemency. But though governors and Cabinets of the past weren't afraid to grant life sentences in similar cases, there haven't been any commutations for Florida’s death row since the third year of Bob Graham's first year, 14 years ago. Chiles wouldn't even give Spaziano a hearing. “It's one of the more frustrating experiences I've ever had,” says Tom Horkan, the longtime lobbyist (now retired) for the Florida Catholic Conference, who had signed Spaziano’s clemency petition “… He (Chiles) just has a flat-out attitude to the effect that it's up to the courts and it's not up to him.” Horkan said he had presented the governor’s office with Chief Justice William Rehnquist’s description of clemency as “’the fail-safe’ in out criminal justice system.” It was no use. In the 1993 case Horkan cited, the Supreme Court had ruled 6-3 that the Constitution does not bar states from executing people who may be innocent. But if governors like Chiles won't step in either, there is not fail-safe at all. “Everybody denies responsibility,” Horkan complains bitterly. “He (Chiles) says its up to the courts, the courts say it's up to the executive.” W. Dexter Douglass, the governor’s general counsel, argues that Spaziano has a hearing before Graham signed his first death warrant 10 years ago. “Hasn't anything changed,” says Douglass. Indeed, some things have changed. No one really thought that warrant would be carried out. It was assumed the courts would block it, as they did. But Spaziano did not get a new trial either. And of course, neither Chiles nor any of the present six Cabinet members sat in on the 1985 hearing. You would think they would be willing to hear Spaziano’s case for themselves if his blood had to be on their hands. At last count, there were 350 other people on death row, most of them guilty as hell. Aren't those enough, Governor? 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 Closing the door on innocence Subject The topic of the resource Death penalty Description An account of the resource News article covering Mello's continued defense of Joseph Spaziano 23 days before his execution is carried out. Creator An entity primarily responsible for making the resource Dyckman, Martin Source A related resource from which the described resource is derived St. Petersburg 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 1995-06-04 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 Florida Language A language of the resource English death penalty Gov. Lawton Chiles Joseph Spaziano Michael A. Mello Ted Bundy US Supreme Court https://hist299.umwhistory.org/files/original/77b19c9ffd6609db8c41760f5d9130a8.jpg 37a80ed11aa32623a1a68c18187af198 https://hist299.umwhistory.org/files/original/387002369995ce855318045cf856c8d4.jpg a367fe50b367050c35e784e6fd7baf34 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 3, 1995 Text Text Any textual data included in the document Connecticut’s Death Penalty Bills Open the Door to More Executions By Kirk Johnson Hartford, April 7 – The State of Connecticut has put six murderers on death row in recent years under a penal code with roots in the harsh doctrines of the 1630’s. But, there has not been an actual execution here since the closing days of the Eisenhower Administration. Now a package of bills – approved by both the State House and Senate and nearing Gov. John G. Rowland’s enthusiastic signature – would make it significantly easier for juries to impose the death penalty and the state to carry it out. The new Connecticut law would streamline and shorten the appeals process and broaden the list of crimes that could result in the forfeit of a life. "We had a death penalty in name only," said State Representative Dale Radcliff, a Republican attorney from Trumbill who helped rewrite the law. "What we did was remove the hypocrisy. This makes the penalty a workable statute." Some legal experts flatly predict, in fact, that the long unofficial moratorium on executions in the Northeast – the last one anywhere between Pennsylvania and Maine occurred in 1963 – could very likely be broken here. "Connecticut is going to be the first leak in the dam," said Randall Coyne, a professor of law at the University of Oklahoma and the author of a state-by-state comparison of death penalty legislation. Experts like Professor Coyne said that although New York State's recent reinstatement of the death penalty has received most of the national attention, Connecticut's tinkering goes further toward making punishment by death a reality. In New York, for example, juries will weigh aggravating factors like the brutality or cruelty of the crime against mitigating factors in the defendants background, like an abusive, tortured childhood. The panel may then decide, after that calculus, that the death penalty is not justified in any event. In Connecticut, the new law would allow no discretion. If aggravating factors outweigh mitigating factors, the die is cast and the sentence is death. If the mitigating factors outweigh or equal the aggravating factors, a second iron-clad choice is required, 60 years to life in prison. The threshold for weighting the factors will also be lower here. In New York, juries must find that the aggravating factors tiling toward a death sentence substantially outweigh mitigating factors. In Connecticut, an amendment with moderating language similar to New Tork's was defeated, so that even a slight prepoderance of factors working against the defendant could mean a death sentence. The new law would relieve the Connecticut Supreme Court, which must review all death sentences, of a burdensome and time-consuming survey designed to make sure that the defendant's sentence was not disproportionate to sentences for other similar crimes. Both New York and New Jersey, which reinstituted its death penalty in 1982, require proportion studies to insure that a death sentence was not dictated by passions or other factors peculiar to the defendant's case. Referring to Connecticut's old death penalty law, Michael Mello, a professor of law at Vermont Law School, and the author of two books on capital punishment, said, "Connecticut had what I would call one of the most careful and reliable capital statutes in the country – they made the decision that we want to err on the side of mercy rather than risk executing innocent people." The new code, Professor Mello said, "will most Connecticut into the national mainstream, and particularly in the mainstream of the death belt states of the old Confederacy, where the death penalty is now and has been historically much more of a reality and a presence than it has been in the Northeast." Connecticut's Chief State's Attornery, John M. Bailey, agreed that there will be more death sentences, and he also believes that Connecticut will be the first in the region to carry out an execution. But he said that safeguards remain in place that will still make capital trials more scrupulous than in southern states. In states like Florida or Texas, Mr. Bailey said, nearly any murder can qualify for consideration as a death penalty case. Connecticut has a preliminary threshold for capital felonies, like limiting the option to crimes like multiple murder, murder during a sex crime, or the murder of a police or corrections officer. The new law would also add another category to the list of possible death penalty cases, the murder of someone under age 16. It would substitute death by lethal chemical injection for the electric chair, which state prison officials have said would have needed $500,000 of refurbishing work. "We still don't have an easy death penalty," Mr Bailey said. However, he added, using the phrase that most supporters of the bill habitually repeat, the new code, unlike the old one, will be "workable." " The old law was drawn to make sure that even though we had a death penalty law, no one in fact would ever face the death penalty," he said. But even the most enthusiastic supporters of the new law concede that years of legal review and court challenges lie ahead. And some also say they feat it may be fraught with Constitutional problems. Citing one example, Senator George C. Jepsen, the former Chairman of the Judiciary Committee, said that the combination of adding a new category of capital felony – the murder of a child – and at the same time eliminating the Supreme Court's proportionality yest for measuring one case against all others with similar circumstances make appeals based on "arbitrary or capricious," sentencing harder to combat. "We might put 10 people on death row in the next seven to eight years and have the whole thing thrown out," said Mr. Jepson, who voted for the bills, and who said he will do so again when the package makes one last appearance before the Senate, probably this week, for approval of a final technical change in wording. Mr. Jepson said he doesn't believe Connecticut will go crazy executing people, partly because in the end, the process will still be left in the hands of jurors who can find reasons not to vote for death. One jury decided against a death sentence in a case several years ago for example, because the defendant's good behavior in prison was considered a mitigating factor. Contributor of the Digital Item Person submitting the digital item to the collection. Hiser, Kristopher 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 Connecticut's Death Penalty Bills Open the Door to More Executions Subject The topic of the resource Connecticut. Capital punishment--United States. Creator An entity primarily responsible for making the resource Johnson, Kirk Language A language of the resource English Description An account of the resource Article in the New York Times describing the passage of new death penalty statues in Connecticut. After years of technically having a death penalty that could not be implemented in practice, Connecticut is about to have a "workable" death penalty. In the article, legal experts describe the danger of such a law while legislators in favor of its passage make comments in attempt to alleviate such concerns. 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 1995-04-10 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 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Connecticut Source A related resource from which the described resource is derived New York Times Aggravating circumstances Connecticut Connecticut death penalty Dale Radcliff Death belt Florida death penalty George C. Jepsen John M. Bailey Mitigating circumstances New York death penalty New Jersey death penalty Randall Coyne Southern death penalty Texas death penalty Trumbull https://hist299.umwhistory.org/files/original/9662e0863e428d79995822efd0f8462f.jpg 91590859b177ccc8079d3c05b841825c https://hist299.umwhistory.org/files/original/339c47adb770336fa6fc2fc7b9586ddf.jpg 38fc64de0fde654871518c2f4fde8aeb 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 3, 1995 Text Contributor of the Digital Item Person submitting the digital item to the collection. Miller, Gillian Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Text Any textual data included in the document A Vermont lawyer whose newspaper essay helped win a stay of execution for convicted killer Joseph Spaziano is back on the case, objecting to plans to give the key witness a lie-detector test. Michael Mello, who represented Spaziano for a decade during appeals after his 1976 conviction, said he dropped the case in January because of illness but has recovered sooner than he expected. He rejoined the case Friday. Mello’s impassioned essay, which ran earlier this month in The Orlando Sentinel and several other newspapers insisted that Spaziano did not torture and kill 18-year-old Orlando hospital clerk Laura Lynn Harberts in August 1973 and dump her body near Altamonte Springs beside another body that was never identified. The essay questioned the credibility of Anthony Dilisio, who testified during the 1976 trial in Sanford that Spaziano took him to see the bodies. The boy hung out and used drugs with Spaziano and other members of the Outlaws motorcycle gang. Last week, Dilisio, who lives in the Florida Panhandle, began wavering about his hypnosis-enhanced testimony in interviews with reporters. His lawyer says police manipulated the young Dilisio, and that he is now sure Spaziano never took him to the dump to see any bodies. The uproar prompted Gov. Lawton Chiles to stay Spaziano’s June 27 execution pending a review by the Florida Department of Law Enforcement. However, Chiles’ chief legal adviser, Dexter Douglass, said Friday that Dilisio did not recant last week when questioned about his testimony by FDLE agents. Investigators are considering giving Dilisio a lie-detector test. Mello faxed a letter to the governor Friday, saying Dilisio is not “an appropriate subject for a reliable polygraph examination.” Mello said Saturday that he fears such a test would be invalid because Dilisio’s story has changed and because of possible lingering effects of the witness’s drug use as a youth. Dilisio’s decision to talk publicly about the case after 20 years took Mello by surprise. The attorney said he and other advocates for Spaziano have tried unsuccessfully to talk to the witness. “I’d given up on Dilisio. I really had,” Mello said. “I didn’t think anyone would get any further with Dilisio than I had.” In his published essay June 4, Mello complained that Dilisio’s story was tainted by hypnosis. Years after the 1976 trial, hypnosis-induced testimony was ruled inadmissible in court, although that ruling is not retroactive to Spaziano’s case. But not all of Dilisio’s information was given under hypnosis. In a 1975 police interview two days before he was hypnotized, Dilisio said Spaziano had told him about mutilating and dumping “two girls” in an orange grove. In the interview, Dilisio said: “… he’s killed a lot of girls … Just to do it. Go out and do it.” The 16-year-old boy agreed during the interview to be hypnotized and subsequently provided prosecutors with more details. In addition to his murder conviction, Spaziano is serving a life sentence for raping a 16-year-old Orange County girl, slashing her eyes and leaving her in the woods. She survived but lost most of the sight in one eye. Mello also calls that conviction questionable. The girl, now an adult with children, is disappointed that Spaziano’s execution was stayed, her mother said. “She thinks he should go,” the woman said. “She always said she wanted to be the one to throw the switch … He left her for dead.” Douglass said Friday he has seen no evidence that Spaziano was wrongly convicted of murder. But Mello is delighted that the case is being reviewed and remains optimistic. After six unsuccessful appeals, “I thought Joe was a goner this time,” he said. 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 Essay-writing lawyer rejoins killer's case 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 Creator An entity primarily responsible for making the resource Taylor, Beth Quinn, Christopher Date A point or period of time associated with an event in the lifecycle of the resource 1995-18-06 Format The file format, physical medium, or dimensions of the resource 2 JPGs 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 Orlando, FL Subject The topic of the resource Lie-dector test Criminal Defense Lawyer Description An account of the resource Two newspaper articles from the Orlando Sentinel published on Sunday June 18th, 1995. The articles focused on how Michael Mello re-entered the case of Joseph Spaziano. Mello also opposed giving Anthony Dilisio, a witness in the Joseph Spaziano case a lie-dector polygraph test. This was because the events of the case would have happen twenty plus years in the past and the witness (Dilisio) could have trouble recalling the correct events without any outside influence. Source A related resource from which the described resource is derived Taylor, Beth and Christopher Quinn. "Essay-writing lawyer rejoins killer's case." Orlando Sentinel (Orlando, FL), Jun. 18, 1995. Taylor Beth and Christopher Quinn. "Main witness wavering about his trial testimony." Orlando Sentinel (Orlando, FL), Jun. 18, 1995. Anthony Dilisio Joe Spaziano Michael Mello https://hist299.umwhistory.org/files/original/236977d4c781f8dfd2072d8367518b9e.jpg f7e10d719ab225aa90c5bbb0d0804a89 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 3, 1995 Text Text Any textual data included in the document On June 27 Florida intoned to execute Joseph "crazy Joe" Spaziano for a murder that he probably did not commit. The facts and the chronology are nit much in dispute. On or about Aug. 6, 1973, someone brutally murdered Laura Lynn Harberts of Orlando. On Aug 21 a passer-by found her decomposed body in a trash dump in Seminole County. Harberts probably had been stabbed to death. Beverly Fink, Harberts's roommate, told police that on Sunday afternoon the 5th, as she was labeling the apartment she was leaving the apartment that they shared, Harberts was on the telephone. "Hold on a minute Joe," she said to her caller. Was she talking to Joe Spaziano? Fink said that the two were acquainted, but barely so; they were not dating. Almost two years passed. It was not until the summer of 1975 that police arrested Spaziano and charged him with the crime. Most of the police investigation in the period focused on another man entirely. But Spaziano had a bad . He had prior conviction for rape, and he was president of the Outlaws Motorcycle Brotherhood in the Orlando area. There was the suggestive "Hold on a minute, Joe," and Harberts and Spaziano had at least met. In July 1973 he had come by the apartment. Spaziano became the best suspect ah the police could find. Spaziano’s went to jail in July 1975. He asserted his absolute innocence. The key witness against him was Tony Dilisio, 18, who testified to this effect: that he had once idolized Spaziano as an outlaw biker; that he hope to become a member of the brotherhood himself; that at some point- he could not remember when-Spaziano took him to the Seminole dump and boasted that he had dumped the bodies of two women there. “Man, that’s my style.” That was substantially all the evidence that the persecution had to offer. As the prosecutor himself acknowledged, without Dilisio’s testimony, they had no case. The jurors doubted that guilt had been proved. Judge Robert McGregor twice had to order them back to their room to reach a verdict. The jurors never got the whole story. Two aspects of the trial are especially disturbing: *The state knew that on the Sunday afternoon question, Harperts and Fink worked This was never disclosed to the jury. * For some inexplicable reason, Spaziano’s trail Council never brought out that Dilisio’s testimony had been induced under hypnosis. During his first interrogation by police, Dilisio never mention the visit to the dump and vainglorious boast. It was only under hypnosis, coupled with highly suggestive questions, that he much later “remembered” the incident and enlarged upon the incrimination conversation. (In 1985 the Flordia Supreme Court held that hypnotically induced evidence is unreliable and inadmissible, but the ruling was nit made retroactive). In any event, Spaziano did not testify, and the jury found him guilty. One juror recalls the the vote was either 10-2 or 9-3 to recommended life inprisionment, but McGregor overruled the jury and sentenced Spaziano to death. The court took note of Spaziano's prior conviction for rape: the crime had especially "heinous, atrocious, and cruel"; No mitigating evidence had been offered. “Crazy Joe,” as the indictment identified him, was a leader of the Outlaw bikers. His brother, in full biker regalia, had attended trial. The long process of appeals and potion for habeous corpus began. In 1984 the US Supreme Court affirmed conviction, 6-3, with Justices John Paul Stevens, William Brennan, and Thurgood Marsh dissenting. They reasoned that its is cruel and unusual punishment for a judge to overrule a jury and impose a death sentence on his own. Since then the case been up and down, and in and out, Spaziano, now 51, has been on Death row for 20 years. Professor Michal Mellow of Vermont Law School an authority in the law of capital punishment, came late into the case as Spaziano's appellate counsel. He is convinced "down ti the very marrow of my bones" that his client is innocent. Other investigators have expressed serous doubts of the defendant's guilt. A Clear case for clemency Now it is up to Gov. Lawton Chiles and the Cabinet, sitting Board ofExecutive Clemency. Given the totality of the circumstance- the withheld evidence the testimony induced by hypnosis, the jury's recommendation of life- it is hard to imaging e a better case for clemency. Despite all my wanning conduce in capital punishment, I believe that there are especially atrocious cases, in which guilt has been proved far beyond a reasonable doubt, when the death sentence may be justified. Crazy Joe's case is different. It response with doubt. I cannot argue Spaziano's invoice as Mello can- I have not read the trail record- but I am satisfied that in this case the stated played dirty pool with the life of a not very likable man. 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. 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 Florida may execute innocent man Subject The topic of the resource Death row Death row inmates Description An account of the resource Joseph "Crazy Joe" Spaziano is an inmate on death row for a murder that he may not have committed. Source A related resource from which the described resource is derived The 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 1995-06-08 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 https://hist299.umwhistory.org/files/original/6c0592c73db8dee6f00712275d0d563b.jpg 2c031e0106e7cd4d88fd2ce60b52c7a3 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 Gov. Chiles Halts Execution After Witness Recants Description An account of the resource Witness comes forward and claims the Florida Police feed him information while under hypnosis. Creator An entity primarily responsible for making the resource Booth, William Source A related resource from which the described resource is derived Washington Post Date A point or period of time associated with an event in the lifecycle of the resource 1995-06-16 Language A language of the resource English Identifier An unambiguous reference to the resource within a given context Mello_76 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant FL Subject The topic of the resource Death penalty Publisher An entity responsible for making the resource available Washington Post 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 3, 1995 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. Cusumano, Laura Text Any textual data included in the document Miami, June 16- The imminent execution of the killer they call “Crazy Joe” Spaziano, sentenced to death 20 years ago based on the testimony of a hypnotized witness, was halted by Gov. Lawton Chiles (D) this week after the crucial witness claimed he made up his testimony. The governor’s decision highlights the lingering legacy of cases in which “repressed memories” were unearthed by hypnotist and psychologist – a practice that is now widely criticized as too fallible to be used in courtrooms. The case, too has fueled debate over the death sentence. Joseph Spaziano’s case has been reviewed and upheld by the Florida Supreme Court and twice by the U.S. Supreme Court. The Stalled execution of Spaziano, who was convicted in 1975 of mutilating and murdering a young hospital worker two years earlier, has generated tremendous controversy because Spaziano was found guilty based largely on testimony of one man who – two decades later – claims that police and investigators “refreshed his drug-addled teenage memory with hypnosis and essentially planted details of a Spaziano confession in his mind. Tony Dilisio, now 37 and a self-described born-again Christian, told investigators with the Florida Department of Law Enforcement this week that his testimony years ago was essentially fabricated. [image - Joe Spaziano] [image caption - Florida governor will review the case of Joseph 'Crazy Joe' Spaziano.] The videotape of his session with FDLE officers was shown to Chiles and his attorneys. Chiles on Thursday halted the execution scheduled for June 27, and asked for further investigation. The governor has not granted clemency and Spaziano could eventually face the Electric chair for his murder of Laura Lyn Harberts. At Spaziano’s trial Dilisio, then a troubled teenager with a history of LSD and marijuana abuse, told the court that “Crazy Joe” of the Orlando Outlaws biker gang took him to a dump and pointed out the decomposing bodies of two women. “That’s my styles,” Spaziano boasted, according to Diliso’s testimony, pointing at of the women, her breast mutilated. But in an interview with the Miami Herald, Dilisio said: “I remember going there, but not with Joe Spaziano… The police took me.” He asked: “How do I know what I said back then was reliable? Especially if it came out under hypnosis.” Guided by hypnotist Joseph McCawley in 1975, Dilisio fingered Spaziano and later was the prosecution’s star witness. During a second session of hypnosis, McCawley said: “There are certain things bothering you in your subconscious mind. And you’re going to let these come out. You’re kind of purging your system.” When Dilisio remembered only one body at the dump, the hypnotist asked: “Is there another body, with this body that you’re looking [at]? Think this out. It will be easier later, Tony, much easier.” Testimony recounting so-called repressed memories generated by hypnosis has largely been discredited in recent years. The Florida Supreme Court ruled after Spaziano’s conviction that hypnotically induced testimony should be banned from criminal trials, but the ruling did not apply to earlier cases such as Spanziano’s. Spanziano’s attorneys have sought support from experts who decry the practice. In one letter to Spaziano’s lawyers, a trio of scholars, including Richard Ofshe, a University of California sociologist, write: “Mr. Diliso’s testimony was utterly worthless, at best, and more likely dangerously mistaken.” The campaign to save Spaziano from the electric chair was initiated by his attorney, Michael Mello, now a professor at Vermont Law School. In editorial page articles that ran in several Florida newspapers, Mello wrote, “Mr. Spaziano is, I believe in my bone marrow, innocent. This fact makes him unique among my death row clients. When I was a Florida public defender, my caseload was 35 condemned men; in all, I have been closely involved in about 70.” Mello wrote that Spaziano’s jury recommended against the death penalty, mostly because of nagging doubts about his guilt. Yet because Spaziano was a drug abuser and member of the Outlaws biker gang, jurors did not want to see him on the loose. The judge disregarded the recommendation and ordered death. According to Mello, “Crazy Joe” got his nickname for good cause. “You see, Mr. Spaziano is crazy, That’s the truth. It’s a truth that shames and humiliates himself in his eyes.” Spaziano suffered a severe head injury after being run over by an automobile in 1966. At the trial, he had trouble recalling day-to-day details of what he did in 1973. After Chiles and his investigators review the case, they can take several actions, ranging from signing a fifth death warrant to pardoning Spaziano. Even if Spaziano is pardoned for killing of Harberts, he would continue to serve a life sentence for an unrelated rape and mutilation of a 16-year-old girl. 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 Gov. Chiles Halts Execution After Witness Recants Subject The topic of the resource Death penalty Description An account of the resource Witness claims Florida police planted story in his head using hypnosis. Creator An entity primarily responsible for making the resource Booth, William Source A related resource from which the described resource is derived Washington 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 1995-06-16 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 "Crazy Joe" Spaziano Florida Supreme Court Gov. Lawton Chiles Joseph Spaziano Laura Lyn Harberts Michael A. Mello Richard Ofshe Tony Dilisio US Supreme Court https://hist299.umwhistory.org/files/original/b601b5abc245366976383213c71e6251.jpg ed4d5c1d0b0224cadd80de606b5df972 https://hist299.umwhistory.org/files/original/98035e18bb07a601bc72b80256cf124b.jpg f7d7a5f70976067084c001ff0d21bfff 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 3, 1995 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. Libka, Darby Text Any textual data included in the document ORLANDO - As his attorney makes a plea for clemency, investigators with the Florida Department of Law Enforcement are deepening their investigation into the 22-year-old murder case against condemned pris-oner Joseph “Crazy Joe” Spaziano. Gov. Lawton Chiles is being asked to absolve Spaziano of the charges that have kept him on Death Row since 1976. The former motorcycle gang leader was scheduled to be executed Tuesday, but Chiles granted an indefinite stay June 15 after the state’s main witness recanted key testimony. That witness, Anthony Dilisio of Pensacola, now says that what he testified two decades ago wasn’t true. He said he was coerced by the police- and his father- to make damning statements against Spaziano. Dilisio told The Herald this week that his memory is clearer about the time in his life when, as a teenager, he was the star witness in a sensational murder trial and a rape trial. He has offered to take a lie detector test, but the FDLE, which had scheduled one two weeks ago, has not contacted him since. Police and Dilisio said it was his father, Ralph Dilisio, who told investigators in 1974 to question him about the so-called “Garbage Dump Murders” involving five bodies found around a rural dumping ground near Orlando. Spaziano was having an affair with Dilisio’s step-mother, and Ralph Dilisio told police Spaziano has raped the woman. Ralph Dilisio who died in 1991, had told friends in the Seminole County Sheriff’s Office that Spaziano had bragged to him and his son about raping and mutilating women in the Orlando area. Police found the young Dilisio at a Key witness says his dad had grudge drug rehabilitation center. “I can now remember the room, the people. I can draw you a picture of it,” said Dilisio, who said that for 20 years he has erased from his mind his troubled teenage years. “My dad was out to get Joe because of my stepmother,” Dilisio said. “I remember the police told me my dad said this, and my dad said that, and was it true? He was the first one to tell me about it.” Officers had Dilisio, then 16, hypnotized him to help him remember details that said he’d suppressed because the memories were so traumatic. Under hypnosis, Dilisio told a macabre tale of Spaziano taking him out to a dump two years earlier and showing him two women’s bodies. One body was that of Orlando hospital clerk Laura Lynn Harberts, 18. The other was never identified. “I can remember them telling me how important this case is,” Dilisio said. In a 1974 rape trial in which Spaziano was convicted and sentenced to life, and in the 1976 murder trial in which he was convicted and sentenced to death, Dilisio was the key witness. He testified that Spaziano not only bragged about raping and killing women, but showed him the two bodies at the dump. Dilisio, now a lay preacher and auto restorer, now says it was all a fantasy. He said the first time he saw the dump was when police took him there, and he never saw any bodies. “That’s a bunch of crap,” he said. He said he doesn’t know whether Spaziano is guilty or innocent, but only that his trial testimony was unreliable. He said nobody threatened or coerced him to make the statements he’s now making. FDLE investigators videotaped an interview with Dilisio two weeks ago, which hasn’t been made public. “He told them he never went to the dump with Spaziano,” said Dilisio’s attorney, Kelly McGraw, who sat in on the interview with FDLE agents. “I don’t see how they can say that’s not a change.” Spaziano’s attorney, Vermont law school Professor Michael Mello, said he’s looking forward to reviewing the FDLE report, although investigators say it won’t be presented to the gover-nor any time soon. “My concern is that FDLE is picking back over case files and information that was so useless and unreliable that even a gung-ho prosecutor who was out the nail the president of the Orlando chapter of the Outlaws didn’t see fit to even try to get into evidence.” Mello sent a new clemency plea to Chiles this week, asking him to free Spaziano because the rape and murder cases against him were fraught with errors and were based largely on Dilisio’s now-questionable testimony. But investigators say they’re sure they got the right man all those years ago. “Everybody was solidly convinced,” said retired Seminole County sheriff’s officer Ray Parker, who now reviews old cases from the department. “There’s not a doubt in the world he did it.” 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 Governor asked to free 'Crazy Joe' Subject The topic of the resource Capital punishment Testimony Chiles, Lawton, 1930-1998 Description An account of the resource This is an article describing the admittance that a testimony previously given in trial of Joe Spaziano was false. Spaziano's lawyer Michael Mello has asked the governor to free Spaziano, while the police are certain that Spaziano is still the culprit. Creator An entity primarily responsible for making the resource Rozsa, Lori Source A related resource from which the described resource is derived The Herald Section B, 5B 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 1995-06-30 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 FL "Crazy Joe" Spaziano Anthony Dilisio attorney Florida Florida Death Row Lawton Chiles Michael A. Mello murder Ralph Dilisio rape testimony witness https://hist299.umwhistory.org/files/original/66dd7b953a380a2897d29618f4958aa1.jpg 8372335b3a1c0ed8cb8254edbf057609 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 3, 1995 Text Text Any textual data included in the document TALLAHASSEE- After a two-month investigation, Gov. Lawton Chiles had no doubts Thursday in signing another death warrant for Joseph “Crazy Joe” Spaziano, condemned for a mutilation-murder 22 years ago. Spaziano, 49, had been scheduled to die in Florida’s electric chair in late June, but the governor canceled the execution after media reports raised questions about the case. The Florida Department of Law Enforcement has been investigating since then. “This exhaustive review removes any doubt in my mind about this case,” Chiles said in a statement released by his office. The FDLE report backs up the conclusion of every court that ever heard the case, Chiles said. “Joseph Spaziano has received due process, and justice demands that he now face the consequences for the crimes he has committed,” Chiles said. The warrant is in effect from noon Sept. 19 through noon Sept. 26. The execution has been scheduled for 7 a.m. Sept. 21 at Florida State Prison near Starke. A Vermont law professor who represents Spaziano said he spoke with his client after learning about the warrant. “He’s terrified. He’s angry,” said Michael Mello of Wilder, Vt. “He asked me, ‘What should I be doing now?’ I said, ‘You and your family need to be preparing for your death.’” Mello called the FDLE investigation a wash. Spaziano was serving a life prison term for an unrelated rape conviction in 1975 when he was charged with the murder of Laura Lynn Haberts, whose sexually mutilated body had been found in a trash dump near Altamonte Springs on August 22, 1973. Another decomposed body was found in the dump, but it has ever been identified, and Spaziano faced no charges in that case. A jury convicted Spaziano of Haberts’ murder 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. One of the jurors said the panel favored the life sentence because of doubts about Spaziano’s guilt. The jury wasn’t told about Spaziano’s rape conviction. Three Florida governors have signed death warrants for Spaziano. 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. Bishop, Michelle 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 Governor signs another death warrant for Spaziano Subject The topic of the resource Capitol punishment Chiles, Lawton, 1930-1998 Description An account of the resource Joseph Spaziano is served another death warrant despite doubts about his guilt Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived "Governor Signs Another Death Warrant for Spaziano." The Gainesville Sun. 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 1995-08-25 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 Tallahassee, Fl https://hist299.umwhistory.org/files/original/5802a40a29ad8b9e894f9cf8ad8f426d.jpg 1b441fb78df1dff4de3332ce38ccd645 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 Joe Spaziano gets fifth death warrent Subject The topic of the resource Spaziano, Joe capital punishment Description An account of the resource An updating of the case of Joe Spaziano as he receives his fifth death warrant, and a recounting of the last few events surrrounding Spaziano's trial. Creator An entity primarily responsible for making the resource Moss, Bill Publisher An entity responsible for making the resource available St. Petersburg Times Date A point or period of time associated with an event in the lifecycle of the resource 25-08-1995 Rights Information about rights held in and over the resource 2 JPGs Format The file format, physical medium, or dimensions of the resource 300 Language A language of the resource English https://hist299.umwhistory.org/files/original/fc1effd8b4340f4f071fef85d0479b08.jpg 3a2954efb5cc1442c670b5bdd0795e5a 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 3, 1995 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. Godfrey, Sarah Text Any textual data included in the document Tallahasse- Gov. Lawton Chiles signed a fifth death warrant Thursday for Joseph Robert "Crazy Joe" Spaziano, the Outlaws motorcycle gang member who was condemned to die for the 1973 rape and murder of an Orlando hospital clerk. Chiles based his decision on a new report from the Florida Department of Law Enforcement which he ordered after news reports raised questions about Spaziano's guilt. The report was intended to remove that cloud of doubt; instead it created a new firestorm because the governor decided to keep it secret. Spaziano's attorneys argue that he was wrongly convicted based on testimony from a drugged-out teenager elicited under hypnosis by prosecutors. But Chiles said the two-month investigation by the FDLE showed the prosecution was fair and the evidence was strong. "This exhaustive review removes any doubt in my mind about this case," Chiles said. "This review upholds the finding of every court that has heard this case- Joseph Spaziano has received due process and justice demands that he now face the consequences for the crimes he has committed." Interviews with 25 witnesses, according to Chiles' aides, provided new evidence that Spaziano raped, murdered and sexually mutilated 18-year-old Laura Lynn Harberts in 1973. Spaziano's lawyers were outraged that the governor refused to release the report or identify the witnesses who talked to investigators. "I am saddened that American law has reached the level where people can die based on anonymous reports which can't be cross-examined, (in which) names are withheld, and the truth of which is never tested in public," said Patrick Doherty, a Clearwater attorney. Chiles stayed the execution June 15 after a report in the Miami Herald cast doubt about Tony Dilisio's testimony against Spaziano, and editorials in the Herald and St. Petersburg Times urged a delay in the execution. Dilisio, who has a history of heavy drinking and drug use, told the Herald that he could not recall Spaziano taking him to see the bodies of two women at a dump near Altamonte Springs, a key piece of testimony. The signing of a fifth death warrant leaves Spaziano with little hope of avoiding the electric chair Sept. 19, one week before his 50th birthday. The only death row inmates to have survived more than four warrants were Willie Darden, who was executed in March 1988 on his seventh warrant, and Raymond Clark, electrocuted in November 1990 on his fifth warrant. Pending in the state Supreme Court are Spaziano's appeals to strike down the testimony elicited under hypnosis and to win a new trial based on Dilisio's reported recanting of his 1974 statements. But his lawyers conceded in June that their best hope was a clemency decision from the governor. Now it's the secrecy of the document Chiles used in making his decision that could give defense lawyers a new grounds for appeal. Doherty said he will confer with co-counsel Michael Mello about a motion seeking the FDLE report. "I don't know whether it's true, whether it's false, whether it's exaggerated, whether the people making these statements are sane or insane, whether they themselves have made deals," he said. "I don't have any information that would bear on whether it's credible or believable. That's what should keep Floridians awake at night. Because if it could happen to Mr. Spaziano it could happen to you or your child or anybody else." Mello, a Vermont law school professor who began representing Spaziano in 1983 when he practiced law in Florida, said it's particularly troubling he can't get courts to hear his client while the state's law enforcement agency "manufactured" new evidence that sealed Spaziano's fate. The report "has the indicia of unreliability all over it," Mello said. "Dexter Douglass, Chiles' general counsel, said the report is confidential under state law as part of a clemency. "There's another reason in this case," he said. "Several of the people they interviewed would not give statements except with the understanding they were protected because of fear for their lives." [Photograph; photo caption]: Joseph Spaziano is scheduled to be executed Sept. 19. 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 Joe Spaziano gets fifth death warrant Subject The topic of the resource Capital punishment Spaziano, Joe 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 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 Fredericksburg, Va Date A point or period of time associated with an event in the lifecycle of the resource 1995-08-25 Creator An entity primarily responsible for making the resource Moss, Bill Description An account of the resource An updating of the case of Joe Spaziano as he receives his fifth death warrant, and a recounting of the last few events surrrounding Spaziano's trial. Source A related resource from which the described resource is derived Moss, Bill, “Joe Spaziano gets fifth death warrant,” St. Petersburg (Mary Washington College, Fredericksburg, VA), August 25, 1995. Bill Moss capital punishment death penalty Death warrant eye witness Florida death penalty Gov. Lawton Chiles Joe Spaziano murder rape reasonable doubt St. Petersburg Times stay of execution trial https://hist299.umwhistory.org/files/original/af978903ba3814b14038dc08185d5deb.jpg ab5560e78a1613bfe3877accdd8d362e 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 3, 1995 Text Text Any textual data included in the document TALLAHASSEE - Joseph "Crazy Joe" Spaziano, convicted of the torture-murder of an 18-year-old Orlando woman and the rape of another, has asked to be set free because the main evidence against him is being questioned. Spaziano's attorney asked Gov. Lawton Chiles for a clemency hearing, saying a key witness in the 21-year-old case now doubts his own hypnosis-enhanced testimony. Chiles stayed the execution two weeks ago after newspapers reported that Anthony Dilisio doubts whether his testimony at the 1976 trial was true. Chiles ordered the Florida Department of Law Enforcement to investigate Dilisio's claims. What began as an interview with the Pensacola man has expanded into a full-scale investigation involving dozens of witnesses. The challenge facing Chiles is which Diliso to believe - the drugged-out would-be biker who testified at age 18 that Spaziano showed him Laura Harberts' mutiliated body, or the 37-year-old lay minister who says he can't remember his drug-using days and doubts Spaziano is a killer. Michael Mello, who represents Spaziano, said on Wednesday that the Cabinet should free Spaziano because Dilisio was the strongest element in the two cases. Chiles or any other member of the Cabinet - the attorney general, secretary of state and commissioners of education, insurance and agriculture - could call a clemency hearing. The governor, with tree members of the Cabinet, could commute Spaziano's sentence, pardon him or uphold the sentence. Spaziano last requested clemency in March, but was refused a hearing. In preparing that request, Spaziano's state-appointed attorneys interviewed Dilisio, but he told them he could shed no new light on the case. 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. Schmidt, 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 Killer requests clemency hearing 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 Subject The topic of the resource Spaziano, Joe Dilisio, Anthony Clemency Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Associated Press, "Killer requests clemency hearing" Description An account of the resource Joe Spaziano is seeking clemency after the key witness in the trial doubts his testimony was accurate. Another investigation into the case 21 years later has been authorized by the Governor of Florida. Date A point or period of time associated with an event in the lifecycle of the resource 1997 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 Anthony Dilisio Clemency Florida Joe Spaziano Lawton Chiles Michael Mello murder newspaper stay of execution witness