1 20 37 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/7bd974781af3a5fab57655df9b2b0e19.jpg 105d64f78911b4da8284f53e480cf049 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 To the Editor: According to Edwin Vaile's satirical letter (Forum, April 5) , Donella Meadows' recent column observed that "criminals" might actually be human beings as well-- an insight lost on the likes of scholars who prefer car- toonish views of "them." Folks such as Ms. Meadows actually let their opinions be influenced by conducting their own field research-- i.e., actually meeting, getting to know and (gasp!) perhaps even coming to like and respect the shared humanity of people whom society would prefer to write off as alien species and forget about. I have been a fan of Ms. Meadows' writing for years, and she recently granted me permission to use one of her past pieces in my forthcoming book on capital pun- ishment. But I missed this column, and I am grateful to Mr. Vaile for bringing it to my attention. Full disclosure: For the past 12 years, I have worked as an attorney on behalf of Florida death row inmates. Over that period, I have come to know a fair number of people who the Sunshine State is trying to kill-- along with the families and loved ones who were victims for my clients' crimes. The only generalization I can make about the killers I have known is that no generalizations really work. They're surprisingly random slice of American culture, with one only clear unifying characteristic being that virtually all of them came from backgrounds of extreme poverty and family dysfunction. Not that that explains away or justifies their hideous crimes (except for the surprising--to my mind, at least -- number who are factually innocent of the crimes for which they are to condemned to die,i.e., they didn't do it, period). And as often as not, they are ashamed of their backgrounds and reluctant to let me raise their histories as legal issues, even when raising such claims might well get them off death row. They'd rather die in the electric chair than to let their lawyers tell the world about how they were raped by their parents or about how their family lived in tar-paper shanties and subsisted on dog food. The fact is that prisoners are more like us normal peo- ple than we often want to admit or acknowledge. Some- times they are too recognizable for out comfort. "Ted" Bundy, for instance, remains our culture's leading metaphor for incomprehensible evil and horror, even half a decade after his execution. If you were to meet Bundy in your local bar, you'd never know he has confessed to many, many murders. You'd think he was just like you, and for the most part you'd be right. That's the scariest part: not that he's so different from us, but rather that he's so similar. As we are similar to him. There is no "us" and "them." We're all part of "us" MICHAEL MELLO Professor of Law Vermont Law School South Royalton 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. Brooks, Anna 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 Yes, Inmates Are Human Beings Creator An entity primarily responsible for making the resource Mello, Michael Source A related resource from which the described resource is derived Mello, Michael. “Yes, Inmates are Human Beings”. Valley News, April16, 1995. 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 1995-04-16 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 West Lebanon, New Hampshire attorney capital punishment Florida Death Row Individual Rights Inmate appeals law school Letter to the Editor Michael A. Mello New Hampshire newspaper Ted Bundy Vermont https://hist299.umwhistory.org/files/original/d7bb7069862cf29087629b18512341f9.jpg 487343b24320a728019cfd6102e9dccf 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 To the Editor, Michael Mello, professor at Vermont Law School, wrote about the “absurd humanity” of convicts on death row in Florida (Forum, April 16). He does not seek to justify the “hideous crimes” of his Florida clients. He asks readers instead to recognize “that prisoners are more like us normal people than we often want to admit or acknowledge.” Mello points out that “if you were to meet (convicted serial killer Ted) Bundy in your local bar, you’d never know he had confessed to many, many murders. You’d think he was just like you, and for the most part you’d be right … we are similar to him.” Mello does not exactly say what we should make of this, but he seems to be advancing it as an argument against the death penalty. But his observations warrants and sound like normal people, most of them could not have killed anyone. If Ted Bundy had 30-inch horns and behaved as Hulk Hogan pretends to, he could not have murdered so many unsuspecting young women. If John Wayne Gacy had not been an outwardly charming and jovial guy, he could not have enticed dozens of boys to his home in order to rape, torture and murder them. It is precisely because of many murderers’ deceptive ordinariness that society has to treat perpetrators of hideous crimes harshly. Mello’s letter suggests a more disturbing message than confusion about the functions of punishment. Mello is not just saying that it is hard to tell who is a murderer. He asserts that Ted Bundy is essentially like any one else, including, we are to infer, an innocent person who would not commit murder. This implies that we should suspend any moral judgment on such crimes, since it could be any one of us sitting there on death row. How else could one interpret Mello’s conclusion about normal people an criminals: “There is no ‘us’ and ‘them.’ We’re all part of ‘us.’” Appearing as it did during Easter and Passover, the letter might be intended as an appeal to our sense of forgiveness. This is not reprehensible, though the appeal seems better directed at the relatives and friends of Ted Bundy’s victims. What is wrong is Mello’s extraordinary moral relativism. It is strange to have to say this, but ordinary people are not like Ted Bundy. Ordinary people, even those who had unpleasant childhoods, do not go around systematically murdering others. A society that loses its moral capacity to distinguish evil from innocence is one that will ultimately be dominated by evil. William A. Fishcel 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. Evans, Kaitryn 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 Yes, Ted Bundy Is Different Date A point or period of time associated with an event in the lifecycle of the resource 1995-04-26 Creator An entity primarily responsible for making the resource William A. Fishcel 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 Florida Subject The topic of the resource Florida. Death row. Serial killers. Death penalty. Description An account of the resource A letter to the editor concerning Michael Mello's involvement with death row convicts in Florida. The text focuses on Mello's unique coverage of serial killer Ted Bundy. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Ted Bundy 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.” <em>Rutland Daily Herald</em>, 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/ec860cc8d367d2d39601af5117f97989.jpg 2ec3987385b27c49403992f236348ebc https://hist299.umwhistory.org/files/original/ec3685ae537c9d95e39a2773d0ce91c6.jpg a387af6dcf48eca164815bb2a4f1a24c 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 To the lawyers defending him, Raleigh Porter sometimes seems like a ghost already, Porter, who's scheduled to be executed Wednesday, would not face the electric chair if his appeals were being considered today, they say. But Porter doesn't live in the present - not the legal present, anyway. Instead, he inhabits another legal world, one that has been dead and buried for a decade. Soon enough, unless the courts intervene, Porter will finally be put to rest, just like the old rules and standards that determined his fate. Even then, though, Raleigh Porter's case - and the problems it symbolizes - are likely to keep haunting the courts. Convicted in 1978 of strangling two Port Charlotte retirees, Porter seemed to be a good candidate to be spared the electric chair: At his sentencing [[end page]] [[start page]] hearing, he won a recommendation of life in prison from the jury. BY most accounts, it was one of Porter's lawyers who pulled it off. In his closing argument, attorney Robert Jacobs read a description of an electric-chair execution: "The executioner threw the switch. My father smashed into his straps as if hit by a train. He snapped back and forth, cracking like a whip. The leather straps groaned and creaked. Smoke rose from my father's head. . . . When the current was turned off my father's rigid body suddenly slumped in the chair, and it perhaps occurred to the witnesses that what they had taken for the shuddering spasmic movements of his life for God know how many seconds was instead a portrait of electric current, normally invisible, moving through a field of resistance." [[end page]] [[start page]] As it turned out, this was fiction - and not entirely accurate fiction - from a novel, E.L. Doctorow's The book of Daniel. But it may have worked. Something did. The jury voted unanimously for life. The judge in the case, Richard M. Stanley of Naples, wasn't so sympathetic. And unbeknown to Porter's lawyers, he'd already decided that Porter should die. "The court is aware that a death by electrocution is not a pretty sight, but then neither were the pictures of the bodies of the old married couple," Stanley intoned a few days later. "The totality of the circumstances dictate the death penalty be imposed." In looking back on the sentence, Stanley says: "I thought about that old man and old woman, married over 50 years...and then one had to watch the other being strangled." Evolving policies Even before the judge pronounced Porter's fate, the state Supreme Court had decided that jury recommendations would be followed when there was any plausible reason for doing so. But when it comes to the modern death penalty, it's often hard to know just what the law is, or what it means. For two to three years in the mid-1980s, for example, the state Supreme Court seemed to change its mind concerning cases where the judge overrides the jury. It let stand a number of death sentences where the jury had recommended life. No one knows why. So when Porter appealed his case in 1985, the Supreme Court upheld Judge Stanley's death sentence, even though attorneys could offer several reasons for the jury's life recommendation, including his age and demeanor on the stand. "Porter [was] just singularly unlucky in the time frame when [[end page]] [[start page]] [[Death penalty backer: Judge Richard M. Stanley - image]] his appeal came up," says Michael Mello, a Vermont Law School professor and an expert on Florida's death sentence. "It really was during the only window during its history when the justices seemed to have lost their interest in closely monitoring jury overrides. . . . And hence Raleigh Porter's death warrant." 1972 high court ruling For the death penalty - especially the death penalty - it wasn't supposed to be so confused, so convoluted. But sometimes it seems the harder judges and lawyers try to get the death penalty right, the more they get it wrong. The problems date from the early 1970s. Concerned that the death penalty had been applied disproportionately against minorities, the U.S. Supreme Court in 1972 struck down death penalty laws across America, demanding that states find a system that would be more rational, more standardized, more uniform. To lawyers and legislators, that could only mean one thing - reining in the traditional discretion of juries. Juries had been responsible for doling out death for years, with only their consciences as their guide. Now, the process would be guided by judges armed with complex new legal formulas. In the vanguard, Florida would be the first state to try to meet the new standards. Like a lot of first tries, it was far from perfect. In particular, Florida officials couldn't quite decide whether the U.S. Supreme Court just wanted more rules for jurors to follow, or whether the high court wanted jurors cut out altogether [[end page]] [[start page]] So lawmakers reached an awkward, yet well-intended compromise: Jurors would stay in, but they would get less authority. They would make a recommendation. But the final decision would be made by the trial judge. The legal architects thought this had a big advantage: Florida believed that death sentences would become more rational [[end page]] [[start page]] because judges - unlike juries - could apply specific standards to each case in written orders, and appeals courts could follow their thinking and review sentences in detail. It didn't work out that way. Intricacies upon intricacies The new system with its formulas turned out to be incredibly complex, requiring juries and judges to consider many factors - violent criminal record and motive, for example. Because of the complexities, appeals judges found themselves tinkering at one point. Finally they decreed that Florid'as whole system was too complex. They declared that henceforth jury sentencing recommendations in death cases would be upheld unless "virtually not reasonable person" could agree with it. What's more, every time the appeals courts made a change in the law, they created a new appeal issue for every Death Row inmate who had already gone through. In a legal setting that demanded NASA-quality tolerances, executions become more difficult to accomplish that a space shuttle launch - and almost as expensive. Even so, there are still bugs in the system. Perhaps because judges have become so painfully aware of the delays they've fostered, they sometimes haven't been as careful about retrofitting the changes they keep making - as Raleigh Porter is finding out. Some state Supreme Court justices have even said that they would not decided cases like Porter's the same way today as they did in the mid-1980s. The Florida courts "have been pretty reluctant to revisit a lot of cases," says Mello, the Vermont Law School professor. In many cases, "they've bent over backward to come up with whatever artifice they could" to avoid overturning old death sentences, he says. [[end page]] [[start page]] 'Law of the case' Among the reasons courts have used have been a doctrine called "the law of the case," which means that issues decided in the first appeal - such as the jury override in the Porter case - usually can't be revisited in later appeals. Why the difference in treatment of some cases versus others? "I've really tried to ponder what explains the difference, and I haven't come up with any explanation other than randomness," Mello says. "It's just a crap shoot." Meanwhile, judges have tinkered with Raleigh Porter's case for 17 years. Today, the Florida Supreme Court will hear the last appeals scheduled in the case. But Judge Stanley, the man who sent Porter to Death Row 17 years ago, has no doubts about the death penalty. He remembers [[end page]] [[start page]] a debate with foes of capital punishment: "They said to me, 'Judge, suppose that they passed a law that said the man who passes the death sentence has to flip they switch on the electric chair?' I said to them. 'Well, I will go along with that as long as they allow me, right after I pronounce the sentence, to reach down by my left leg and come up with my pistol and shoot 'em right between the eyes." John D. Mckinnon, who holds a law degree from the University of North Carolina, covers legal affairs in The Herald's Tallahassee bureau. Tomorrow: Redemption on Death Row. [[On Trial: Raleigh Porter was convicted in Moore Haven, Fla. - image]] [['81 police mugshot: Porter - image]] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) The Herald from Tuesday, March 28, 1995. 7A Contributor of the Digital Item Person submitting the digital item to the collection. Blake, Amy 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 Shifts in law come too late to aid killer of Florida couple Subject The topic of the resource Death Penalty Description An account of the resource The issue of Raleigh Porter's death sentence by electric chair could have been avoided due to newer laws in Florida courts. Creator An entity primarily responsible for making the resource McKinnon, John D. Pancake, John 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 1995-03-28 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida electric chair Florida death penalty juries Life sentence Michael Mello Raleigh Porter U.S. Supreme Court 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/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. <br /><br />[image - Joe Spaziano]<br /><br />[image caption - Florida governor will review the case of Joseph 'Crazy Joe' Spaziano.]<br /><br />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/33b6e6aed71ca4fe06d0146b121aa685.jpg 90ecb76dc483b4b7d97949279eba5764 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 Polygraph exam is postponed in 22-year-old case Key witness faces new inquiry Subject The topic of the resource Spaziano, Joe Mello, Michael Description An account of the resource The polygraph examination of the key witness against Joe Spaziano in his rape and murder convictions is postponed. The rape victim's mother believes in Spaziano's guilt, but Spaziano's former lawyer is returning to his case because of his faith in Spaziano's innocence. Creator An entity primarily responsible for making the resource Lori Rozsa Source A related resource from which the described resource is derived The Herald Date A point or period of time associated with an event in the lifecycle of the resource 1994-06-17 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 Format The file format, physical medium, or dimensions of the resource 1 jpeg 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 State investigators on Friday postponed a polygraph examination of the key witness in a 22-year-old murder case so they could more carefully review the case file. Next week, a lie-detection expert with the Florida Department of Law Enforcement will examine Tony Dilisio, whose testimony led to the conviction of "Crazy Joe" Spaziano for the 1973 milder of Laura Lynn Harberts. Spaziano was scheduled to be executed June 27, but Gov. Lawton Chiles issued an indefinite stay this week after Dilisio recanted, saying his statements implication Spaziano two decades ago were not true. Also on Friday, Vermont La professor Michael Mello took over Spaziano's case. Mello represented Spaziano fir 11 years during a series of appeals, but quit in January for health reasons, Several newspapers two weeks ago ran Mello's impassioned plea on behalf of Spaziano. "The reason I'm getting back into it is the same reason I stayed in as long as I had," Mello said. "I'm absolutely convinced of Joe's innocence." Others were outraged about the stay. Spaziano was serving a life sentence for rape when he was convicted of the murder. Dilisio also testified in the rape trial. But the rape victim's mother said she has no doubts that Dilisio was telling the truth back then, and that Spaziano is dangerous man. "My daughter thought she wouldn't live," said the women who asked not to be identified, "He's then who stabbed her, who did the worst of it." The rape victim at the time could original identify Spaziano in lineup, and she said her main assailant had long red hair, though Spaziano's is black. "That man should be executed," the victim's mother said. Dilisio, the common denominator in both cases, said he's looking forward to the polygraph examination. Mello wonders if he's a good candidate for a polygraph because of his memory lapses and the hypnosis he underwent as a teenager. "It won't be hard for me; I'll just be telling the truth," Dilisio said. "It's easy when you tell the truth. It's as simple as that." 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 Polygraph exam is postponed in 22-year-old 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 Subject The topic of the resource Spaziano, Joe Mello, Michael Description An account of the resource The polygraph examination of Tony Dilisio, the key witness in both the rape and the murder trials of Joe Spaziano, is postponed. The rape victim's mother believes that Spaziano is guilty. Michael Mello, Spaziano's former lawyer, has returned to the case because he believes in Spaziano's innocence. Creator An entity primarily responsible for making the resource Rozsa, Lori Source A related resource from which the described resource is derived The Herald Date A point or period of time associated with an event in the lifecycle of the resource 1995-06-17 Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI 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/ec7af6ee7090560875d0e91879a5ad77.jpg d1eaecdd739a0de26f57b8b59f20f600 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 Time is running out Gov. Lawton Chiles should ask himself this question: Does he really want to send Joseph Spaziano to his death knowing that there are serious doubts about the man's guilt? It's not enough to suggest, as Chiles has done, that the courts have the responsibility for making sure that innocent people are not executed by the state. Chiles signed Spaziano's death warrant and only Chiles can spare him from his date with Florida's electric chair on June 27. Time is running out for both the gover-nor and the condemned man. What's the rush to execute Spaziano when so much doubt hangs over his conviction? Spaziano was convicted for brutally murdering Laura Lynn Harberts, an 18-year-old Orlando hospital technician whose body was found tossed on a garbage dump in Seminole County in 1973. Everyone wants her killer brought to justice. But we risk compounding the the tragedy by turning our backs on the significant questions about Spaziano's guilt. As we have said, Spaziano is no Boy Scout. A member of the Outlaws motorcycle gang, he earlier was convicted of raping and slashing a 16-year-old girl. He may deserve to rot in prison for that crime, but he does not deserve to die for a crime that he may not have committed. The case against him dangled on a thin thread of hypnotically induced testimony from a witness who now says he doesn't remember a thing about his court appear-ance. "How do I know what I said back then was reliable?" Tony Dilisio asked in an interview with the Miami Herald last week. Dilisio's pleas are just the latest in a stockpile of circumstances that ought to make Floridians uncomfortable. Wanting justice for Laura Harberts and her family is not mutually exclusive to being horrified that the state might electrocute a man based on blatantly flawed treatment by the courts. Spaziano's jury, badgered by a judge to come to a verdict, had enough doubts about his guilt to recommend a life sentence., which was bumped up to death by the judge. Jurors were never told the state's witness recalled his convicting testimony only after he was hypnotized, evidence that is no longer admissible in Florida. For two decades the case was appealed, and it was reviewed by the state Supreme Court four times; at no time during the process did anyone revisit Dilisio. After the Herald found him, the governor's office says it will try to do just that. Micheal Mello, a former appellate attor-ney for Spaziano and now a law professor in Vermont, hopes Chiles will see the case for clemency, but he's not optimistic. "So many people have blood on their hands that it sticks to the skin of no one," Mello says. "It's always someone else's responsibility to ensure that an innocent man is not de-stroyed by the Sunshine State." People who believe it is their duty should send a fax to Gov. Lawton Chiles at (904) 487-0801, or write him at Plaza 5, The Capitol, Tallahassee, FL 32399. Although citizens reported they got the run-around this week when trying to phone the governor's office on the matter, his citizen's services office, (904) 488-7146, is keeping track of "yes" or "no" opinions on clemency for Spaziano. Your Voice is important. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) vol. 68, issue 5 Contributor of the Digital Item Person submitting the digital item to the collection. Elms, Jason 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 Time is running out Subject The topic of the resource Capital punishment Editorials Description An account of the resource A 1995 St. Petersburg Times editorial urging Florida residents to contact gov. Chiles to pardon Joseph Spaziano's death penalty. Creator An entity primarily responsible for making the resource St. Petersburg Times (FL). Source A related resource from which the described resource is derived St Petersburg Times. "Time is Running Out." (St. Petersburg, FL). June 15, 1995, p. 14a. 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 June 15, 1995. 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. https://hist299.umwhistory.org/files/original/46ff4a2cd70db9fac5f78384c2f2da79.jpg 6b027397998f570031e4988fcab04e6f 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 Raid Raises Questions about Law Privileges Subject The topic of the resource Police Raids Criminal Defense Lawyer Description An account of the resource The article discusses the raid of a criminal defense lawyer named William A. Hunter. The raid secured his records and files. The raid was due to federal investigators suspecting Hunter of helping his client launder money. The article discusses the problems with assuming criminal defense lawyers know where their clients income comes from. It also discusses how these raids raise questions on client confidentiality. Creator An entity primarily responsible for making the resource Anderson, Liz Source A related resource from which the described resource is derived Anderson, Liz. "Raid Raises Questions about Law Privileges." Rutland Herald (Rutland, VT), Jun. 15, 1995. 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 1995-06-15 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG, 300 DPI Language A language of the resource English Identifier An unambiguous reference to the resource within a given context Raid of criminal defense lawyer Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Rutland, Vermont https://hist299.umwhistory.org/files/original/0b30dc1310043e9df1f04851728ef4cd.jpg 37b0cca63228ea6d6f25cc63810bbe5d 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 The raid by federal investigators on Cavendish lawyer William A. Hunter’s home and office has raised troubling questions for many in the state’s legal community about the sanctity of their offices and how much they are expected to know about the clients they serve. Hunter, 41, is the subject of a federal investigation into whether he helped a client in Windsor launder money through a corporation set up to purchase and renovate real estate. Federal investigators raided Hunter’s home and basement office at 3 a.m. Friday, seizing files on three clients as well as Hunter’s computer equipment. Vermont Law School Professor Michael Mello, who teaches constitutional law and legal ethics, said he believed it was the first raid of its kind in Vermont. The emergency raid was authorized by the U.S. Magistrate Jerome J. Niedermeier after an investigator expressed concerns that Hunter might destroy evidence of criminal activity if alerted to the arrests on Thursday of Hunter’s client and the client’s sister. Hunter has said that equipment seized contains electronic files on many other clients as well as on those subject to the investigation. He said his office was “crippled” without it. Hunter has not been charged in the case and denies any knowledge of any illegal activities on the part Of his client, Frank H. Sargent Jr. Sargent, 26, has pleaded innocent to a federal indictment charging him with cocaine distribution. He is free on an unsecured bond. Hunter said Wednesday he had plans to meet with federal prosecutors some time in the next week and had hired Rutland lawyer Peter Hall to represent him. “As a lawyer I would never advise anyone to deal with an agency that has identified them as a suspect on their own,” he said. U.S. Attorney Charles Tetzlaff said he would not comment on any aspect of the case “as a matter of policy.” [new title: confidentiality concerns] Although lawyers claim a confidentiality when dealing with their clients, there are exceptions under which that confidentiality can be broken. One exception, used in the Hunter search, is if investigators can establish to a judge that they have cause to believe the lawyer’s files contain evidence of an ongoing planned crime. Many lawyers contacted objected to the timing and what they saw as the invasiveness of the raid. Several expressed concern that federal investigators made a claim that Hunter might destroy the files. Several lawyers consulted said a troubling issue in Hunter’s case is the seizure of his computer files and the issues that raises about the confidential relationship between lawyer and a client. A federal prosecutor unaffiliated with the Vermont office participated in the search to advise the investigators on matters concerning private attorney-client files and is charged with reviewing the seized files before delivering them to the Vermont federal prosecutors handling the case. Agents who searched Hunter’s home are under court orders not to disclose anything they saw in Hunter’s confidential files. The same orders will apply to FBI computer analysts charged with reviewing Hunter’s computer system. The search warrant executed at Hunter’s home provides extensive descriptions of how the computer files and equipment are to be handled by agents. It provides for its return within a “reasonable time,” but sets no deadline. David Putter, co-chair of the legal panel for state chapter of the American Civil Liberties Union, said searches have become more complicated by the computer age because it may not be easy to immediately tell which files are pertinent to an investigation and which are not. He said in that vein, the search warrant for Hunter’s office didn’t satisfy him that enough steps were being taken to protect information on clients unrelated to the government’s investigation. Putter said the presence of another federal attorney reviewing the files from Hunter’s office did not provide enough of an independent review for his satisfaction. Vermont defender General Robert Appel said the Hunter case and the seizure of his files may “cause clients to pause before revealing confidences in the future, which in my mind undermines the attorney-client relationship.” Mello agreed. “If my client thinks the feds are going to be able to bust into my home and rifle through my files, then I think that reduces significantly the amount of confidence that my client will place in me when I tell her this is just between you and I,” he said. Mello said the Hunter case had already changed the way he dealt with records in his own home. “I now look at everything in my files and wonder how it will look if it is seized by federal agents,” he said. Putter said that he was also concerned about whether any files were seized pertaining to Vermont Law Week, a weekly review and summary of state supreme Court decisions published by Hunter’s first amendment rights by interfering with his right to publish, he said. Hunter said the files were on seized computers, but said he might be able to publish an issue by early next week if federal prosecutors would give him a copy of his mailing list. He declined to address any First Amendment concerns. [new title: Raids Increasing] Raids on law offices are increasing nationwide and are of growing concern to defense lawyers, according to Frank Jackson, a Dallas defense lawyer who serves as the co-chair of a lawyer assistance committee for the National Association of Criminal Defense Lawyers. “All too often government entities target lawyers as being involved in criminal activities when the lawyer is actually just performing perfectly legal services and comporting themselves in the highest tradition of the bat,” Jackson said. He said clients often keep their lawyers in the dark about their criminal activities and a lawyer may take steps for a client “he deems rather innocuous that in hindsight can be considered criminal involvement by government authorities, and they raid these offices in hopes of confirming their suspicions.” Jackson said such raids threaten the public perception that lawyers’ offices are sanctuaries and have made lawyers frightened of talking on controversial cases. In particular, government prosecutors seem to focus in on lawyers who have been involved with drug cases, Jackson said. In some cases, he said, the government has succeeded in recovering payments made to lawyers by clients using drug money. Jackson said defense lawyers nationwide would likely “have to draw the line and test the power of government” in these situations. [new title: A ’Dicey Issue’] Lawyers also said the Hunter case raised the issue of how much a lawyer is expected to know about the sources of a client’s income. Putter noted that “attorneys don’t generally sit down and ask a client what their source of income is, where they got they money.” Mello said the question of how much a lawyer is expected to know about a client and the client’s finances is an “extremely dicey issue” that he debates with students in his ethics class. He theorized that in the present climate, lawyers are becoming more averse to risk and are more likely to raise such questions with their clients. Jackson maintained that lawyers shouldn’t feel responsible for investigating the finances of their clients. “I would day that if you’re a substantial criminal practitioner you have suspicions of everyone who walks through the door,” Jackson said. “If they walk through to hire you for a criminal citation, you assume they didn’t light a candle at vesper services last Sunday. If we were to assume the money came from criminal activity we would all have to lock our doors right now.” [end page] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) Vol. 135/No. 143 Contributor of the Digital Item Person submitting the digital item to the collection. Riley, Charles 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 Raid raises questions about law privileges Subject The topic of the resource Police Raids Criminal Defense Lawyers Description An account of the resource The article discusses the raid of a criminal defense lawyer named William A. Hunter. The raid secured his records and files. The raid was due to federal investigators suspecting Hunter of helping his client launder money. The article discusses the problems with assuming criminal defense lawyers know where their clients income comes from. It also discusses how these raids raise questions on client confidentiality. Creator An entity primarily responsible for making the resource Anderson, Liz Source A related resource from which the described resource is derived Anderson, Liz. "Raid Raises Questions about Law Privileges." Rutland Herald (Rutland, VT), Jun. 15, 1995. 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 1995-06-15 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 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 Rutland, VT 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/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 <br /><br />Until Gov. Chiles intervened Thursday, Joseph Spaziano was going to be executed for murder in 11 days, even though:<br /> <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&nbsp;<em>The Miami Herald</em> started shouting.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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&nbsp;<span>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.<br /><br /></span>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.<br /><br />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&nbsp;<em>old&nbsp;</em>evidence, either.<br /><br />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."<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />[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/57d2021c5fc3f66f18bd96fda50be466.jpg 1c0501f5d843d6cd398d8cbdad45a81a https://hist299.umwhistory.org/files/original/41b4f1a825dde81ea086493806645d39.jpg b690447292c8949178aff58412dbe686 https://hist299.umwhistory.org/files/original/ef6587ffa22d3ebc1a990a8143a8c8e9.jpg a0b8281ccf33e6ff5a708d9015646460 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 [image - Anthony Dilisio]<br />[image caption - Anthony Dilisio was 16 when he testified against Joseph 'Crazy Joe' Spaziano. His testimony helped send Spaziano to death row. Dilisio said he's no longer sure what he saw 20 years ago.]<br /><br />[end page]<br /><br />[start page]<br /><br />A Pensacola man who recanted 20-year-old testimony that put a man on death row said that he's been overwhelmed in the past week by media and criminal investigators intent on hearing his story. But Anthony Dilisio, an upholsterer and car restorer who's lived here for seven years, said he doesn't feel responsible for the conviction of Joseph Spaziano. Nor does he feel guilty because Spaziano spent two decades in prison waiting to be executed for the murder of an Orlando woman, Laura Lynn Harberts, 18. "I did what I felt was right, this was a life-and-death situation," said Dilisio, 37, a born-again Christian who was 16 when he testified against Spaziano. "I was a child, I've put my childish ways behind me." Gov. Lawton Chiles last week stayed Spaziano's execution, scheduled for Tuesday, after viewing a videotape of the recantation. Dilisio said Thursday: "I don't know if Joe Spaziano is guilty or innocent. One thing I do know is there was a young child manipulated." The case has captured national attention because Spaziano, 51, has been on death row longer than all but eight of Florida's more than 350 condemned. Also, Dilisio implicated Spaziano while under hypnosis -- a practice since out- See RECANTED, back of section<br /><br />[end page]<br /><br />[start page]<br /><br />lawed in Florida because experts believe it's too easy for police to suggest things to hypnotized witnesses. The Florida Supreme Court ruled in 1985 that hypnosis-induced testimony could no longer be used in court cases. Dilisio said that since authorities learned that he wasn't sure of what he saw in 1973, he's the one who's been under scrutiny. "It's almost like they're investigating me,” he said in an interview Thursday. He’s learned that investigators have interviewed his entire family since his claims were first made public June 11. When police approached Dilisio about the slaying, he was in a juvenile detention center. He had been friends with Spaziano, known as “Crazy Joe,” who headed the Orlando chapter of the Outlaws motorcycle gang, and told police that Spaziano bragged to him of the killing. After his court testimony, Dilisio fled to California. He moved to Pensacola in 1988 and has lived in a one-story brick bungalow at the dead-end of a street on the north side for at least four years Friendly handyman Neighbors describe Dilisio, who they call Tony, as the street’s friendly handyman. He fixes their cars, uses his riding mower to cut grass for those who need help and is always ready for small talk. No one had any idea he’d been mixed up in a murder case. “I can’t say anything negative about him,” said neighbor Brenda Qualls, who, like Dilisio, attends Brownsville Assembly of God. “He’s such a nice person, friendly, if you need help with something he’ll be glad to help you.” Most on the street like watching his progress as he restores classic cars, which line his well-tended front lawn. No bodies In his murder trial testimony in Orlando, Dilisio said Spaziano took him to a dump and showed him two bodies. One was identified as Harberts, a medical technician. The other was so decomposed it couldn’t be identified. Now, “Anthony can’t remember everything,” said Kelly McGraw, one of his Pensacola attorneys, “But he does remember he didn’t see the bodies.” Last week agents from the Florida Department of Law Enforcement videotaped an interview with a Miami Herald reporter. Local FDLE officials would not comment. Tallahassee officials could not be reached Thursday. Dilisio’s lawyers say they don’t know what will happen next, legally. Neither does Spaziano’s attorney, Michael Mello of White River Junction, Vt. Without Dilisio, “the state had no case against my client,” Mello said in a telephone interview. Dilisio, clearly a man feeling pressured, underwent a barrage of media interviews Thursday – including one with ABC News. During an interview in his lawyer’s office, his voice quavered and he deflected most personal questions. He wouldn’t sit down. “All I want to do is let justice prevail,” he said. “I’m taking one of these,” he said, picking up a pack of cigarettes from a desk in his lawyer’s office. He swears he’s quit smoking, but he took a few drags, then gave the cigarette away. Born again Dilisio, a born-again Christian for the past 15 years, said he first wrestled with guilt about his earlier testimony – “I thought I did something wrong.” But now he said, God is guiding him, and led a Miami Herald reporter to his doorstep. It was a while talking to the reporter, Lori Rozsa, three weeks ago that he realized he didn’t really remember seeing what he testified to decades before. “I just kept feeling like it was the Holy Spirit,” he said. Thursday he was afraid the media would mock him. “Here’s trash that waited 20 years to come forward,” he said, sneering. “It took a lot of courage to stand up.” Spaziano’s lawyer is bitter. “This is my last capital case. What kind of a lawyer am I?,” Mello said. “I’ve been defending this innocent man for 11 years and it took the Miami Herald to stay the execution.” ---------------------------------------------------------- News Journal reporter Winnie Hu contributed to 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. Tolbert, Carson 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 Pensacolian halts man's execution Subject The topic of the resource Pensacola (Fla.). Police Department Hypnotism Law and legislation Description An account of the resource Anthony Dilisio, a car upholsterer and restorer, recanted a twenty year old testimony made on May 13, 1975 that placed Joseph Spaziano on death row for the murders of two people in 1976. At the time of the testimony, Dilisio, then a sixteen year old, was under the influence of hypnotism administered by the Pensacola Police Department. Hypnotism has since been made illegal due to the chances of hypnotic suggestion by those in control of the process. Creator An entity primarily responsible for making the resource Barnes, Brad Source A related resource from which the described resource is derived "Pensacolian halts man's execution," News Journal, Brad Barnes Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Format The file format, physical medium, or dimensions of the resource 3 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 Pensacola, FL Date A point or period of time associated with an event in the lifecycle of the resource 1996 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. https://hist299.umwhistory.org/files/original/c5c776f0e912e99428210eeb9bbfabe9.jpg 8b2108f1c1fc36768328b77d489b3228 https://hist299.umwhistory.org/files/original/cab416e22515ee6518dfde71283d581e.jpg d5cf8b20448de817ec0ec57d81c2a772 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. Skibinski, Nicholas Text Any textual data included in the document Gov. Lawton Chiles was right to stay the execution of Joseph Robert Spaziano. The convicted murderer may actually be a victim of unreliable testimony, inept legal representation and questionable police work. Spaziano, 49, had been scheduled to die in the Florida electric chair on June 27. He stands convicted of the murder and mutilation of Laura Lynn Harberts, an Orlando nurse whose body was found in a trash dump near Altamonte Springs in 1973. Chiles had previously signed the fourth death warrant ordering his execution. Spaziano will remain on death row, where he has been since 1976. In addition to granting the stay, Chiles has ordered a thorough investigation of the case by the Florida Department of Law Enforcement. This is long overdue. On the surface it sounds as if Spaziano were a perfect candidate for execution. His sentence has survived repeated appeals; he was already in prison on a heinous charge when police brought murder charges against him; and before going to prison he was the leader of an Orlando motorcycle gang. AND YET, THERE are aspects of his case that raise serious doubts about his guilt. Spaziano's prosecution and conviction is a story that does not inspire confidence in the judicial system. The key witness against him was a Tony Dilisio, who was 16 years old at the time of the murder. He said he had once idolized Spaziano as an outlaw biker and hoped to become a member of the gang himself. About a year after the crime, Dilisio told police he had a vague recollection of Spaziano bragging about mutilating and murdering young women. After being placed under hypnosis, he said that Spaziano had taken him to the dump and boasted, "Man, that's my style," as they viewed the remains of two dead women. It is a sickening account, if true. Dilisio, now 37, has said he remembers getting married at 21, but everything before that is a blank. He was 18 at the time of Spaziano's trial. The prosecution's case rests largely on Dilisio's testimony. Spaziano and the victim were slightly acquainted, and she was overheard telling someone on the telephone, "Hold on a minute, Joe," as she turned o speak to her roommate shortly before she was killed. But the identity of the "Joe" on the telephone was not Spaziano. The police knew that the "Joe" on the telephone was actually Joe Suarez, a co-worker at the hospital where Laura and her roommate worked. But this was never disclosed to the jury. Another troubling aspect of the trial is that the jury never knew Dilisio's hazy story was drawn out of him by police using hypnosis. This takes on even more significance in view of the hypnotist's credentials. Michael Mello, a lawyer who has handled appeals for Spaziano, said the hypnotist was shown to be a quack by Miami Herald editor Gene Miller in his book "Invitation to a Lynching." Ten years ago the Florida Supreme Court held that hypnotically induced evidence was unreliable and inadmissible. The ruling was not retroactive so it did not apply to Spaziano's case. The defense was also not apprised of another suspect the police had considered during their two-year investigation. Mello said records show that police were zeroing in on a known rapist and had a witness who placed him at the scene of the crime with several women near the time of the murder. The suspect flunked more than one polygraph test and told police "he didn't know whether he committed the murder." None of that information was given to the defense at the time of the trial. One would expect that these omissions would get the attention of an appeals court. Gail Anderson, a state-appointed lawyer representing Spaziano, said those facts were unknown to the defense until 1989, well past a time limit for raising such objections. Spaziano was also not helped in his trial by his friends, fellow Outlaws who turned out in full biker dress in an idiotic show of "support" for their pal "Crazy Joe," whose nickname appeared on his indictment. Spaziano maintained his innocence but never took the stand to deny the charges. The jury twice told the judge they could not reach a verdict, and both times were sent back with instructions to be more diligent. Finally, they convicted Spaziano of first-degree murger but recommended life in prison. The trial judge overruled them and sentenced him to die. It appears, too, that Spaziano had incompetent legal representation at the time of his trial. Mello described the inmate's defense attorney's work as "not totally abysmal," pointing out that the lawyer knew about Dilisio's hypnotically enhanced testimony but didn't bring it up or attack the credentials or methods of the hypnotist. Laura Lynn Harberts has been dead for 22 years, and that terrible fact must not be forgotten. Society has an obligation to render justice for her death and punishment for the perpetrator of this grotesque crime. But Florida has an equally important obligation to make sure that the state, acting on behalf of the people, does not put an innocent man to death. That could be the case with Joseph Spaziano. CHILES AND THE STATE Cabinete have the power to grant clemency, which ranges from immediate release to a sentence of life in prison. The governor has indicated he is reluctant to interfere with judicial decisions without great cause. He is right to have such a cautionary attitude. In court, one hopes, the facts are separated from speculation and emotion. Witnesses are under oath and face perjury for lying. Sometimes, though, the system fails. This could be one of those times. We trust the governor and Cabinet will weigh the evidence and do what is right. There are some serious holes in the case and nagging doubts about the guilt of this man. There should be no room for doubt when the penalty is death. 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 Too much doubt in Spaziano case Subject The topic of the resource Capital punishment Description An account of the resource This editorial describes the case of Robert Spaziano, a murder convict on death row. The editorial points out inconsistencies in the case against Spaziano and argues that doubt cannot exist with the death sentence. Source A related resource from which the described resource is derived "Too Much Doubt in Spaziano Case." The Tampa Tribune (Tampa Bay, FL), June 17, 1995. 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 1995-06-17 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 Tampa Bay, FL 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/75eee5dbd0ee8b0ed3b7f0d8ade55f69.jpg da90aab2cdd72dd137294f1c93428526 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. Welch, Miranda Text Any textual data included in the document TALLAHASSEE— A state lawyer says he can’t find anything wrong with the testimony of a man that proved vital in convicting a former motorcycle outlaw who tortured and murdered an 18-year-old woman 22 years ago. Gov. Lawton Chiles on Thursday stayed the execution of Joseph Spaziano, who was scheduled to die June 27, after media re-ports cast doubts on Tony Dilisio’s testimony. Dilisio was quoted as saying his testimony is false and had been manipulated by investigators. But Chiles’ chief legal advisors, Dexter Douglass, told The Orlando Sentinel that Dilisio hasn’t recanted his testimony and there’s nothing to show Spaziano was wrongly convicted in 1976. “The record to me is clear,” Douglass told the paper. “This man tortured and killed this young woman. Nothing I have seen or heard from Mr. Dilisio or anyone else changes that.” Spaziano, a former president of the Outlaws motorcycle club in Orlando, was convicted of the August 1973 torture-murder of Orlando hospital clerk Laura Lynn Harberts. During the trial, Dilisio testified that Spaziano boasted about mutilating women and took him to an Altamonte Springs dump, where Dilisio saw two bodies. One woman was never identified; the other was Harberts. After Spaziano’s execution was stayed, agents with the Florida Department of Law Enforcement questioned Dilisio again, Douglass said. “All he has told FDLE is that he can no longer remember” his testimony, Douglass said. “That, to me, does nothing to discredit the testimony of 1976.” But the FDLE is continuing to investigate the new twist in the case – next week, agents are scheduled to administer a polygraph test to Dilisio. Friday, Vermont law professor Michael Mello took over Spaziano’s case. Mello had represented Spaziano through 11 years worth of appeals, but quit in January for health reasons. 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 Outlaw case testimony not flawed, lawyer says 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 1995-06-18 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 Description An account of the resource Joseph Spaziano was convicted and sentenced to death for the murder of Laura Lynn Harberts in 1973. Prior to his execution a stay was granted due to media reports casting doubt on Tony Dilisio's testimony. While the FDLE is continuing to investigate the false statement allegations Michael Mello has agreed to return to the case. Subject The topic of the resource Capitol Punishment Witnesses Creator An entity primarily responsible for making the resource Unknown Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Capital punishment. https://hist299.umwhistory.org/files/original/6eca399d0260866f3a206eb04303d188.jpg b97c5fd9df3332cd4c2c2b1e1937e5d6 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 Stop the bad rap on hypnosis Description An account of the resource The vice president of a Miami hypnosis center argues for the legitimacy and value of hypnosis. Creator An entity primarily responsible for making the resource White, Leonor Source A related resource from which the described resource is derived White, Leonor, "Stop the Bad Rap on Hypnosis." Miami Herald, June 26, 1995, A6. Subject The topic of the resource The author argues that hypnosis deserves respect in court and out. 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 Re Herald staff writer Lori Rozsa’s June 16 article, A case built on hypnosis crumbles: I made it up, witness now says: I was upset to see my profession once again being put down. Ms. Rozsa, on June 16, told me that what she wrote was the absolute truth, per the state of Florida. My husband and I, along with the AFL/CIO National Federation of Hypnotists Local 104, thoroughly disagree. Primetime Live did a show less than a month ago in which a reporter checked out how and if hypnosis works. The results were all positive. If people would take the time to be educated, negative comments about hypnosis would be stated more respectfully. Hypnosis is constantly getting a bad rap. We have worked very hard at building a good practice and even have become unionized in the past year. My husband has been involved with hypnosis for more than 20 years. It seems a shame that all the good that we do day by day goes untold, and the minute that someone makes a mistake due to lack of education, it is magnified. The article stated that the hypnosis in this case was done in 1975. Twenty years make a big difference. For example, we know today that someone with a mental condition does not make a good subject, nor does his testimony hold up in court. None of this was mentioned. LEONOR WHITE Vice President, North Miami Beach Hypnosis Center North Miami Beach 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. Ferrell, Claudine 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 Stop the bad rap on hypnosis Description An account of the resource The vice president of a Miami hypnosis center argues for the legitimacy and value of hypnosis. Creator An entity primarily responsible for making the resource White, Leonor Source A related resource from which the described resource is derived White, Leonor. " Stop the Bad Rap on Hypnosis." Miami Herald, June 26, 1995, 8A. 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 1995-06-26 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Miami, FL Subject The topic of the resource Hypnotism and crime https://hist299.umwhistory.org/files/original/57864f6eef015ae70aee39be6d4408fa.jpg 75c7a50af141a9718863751efeb4bab9 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 Clearwater - Rather than prolong their client's stay on death row with legal appeals, the attorneys for Joseph "Crazy Joe" Spaziano want him declared innocent and pardoned by the governor. "We have made the decision that after 20 years of being in the courts, Mr. Spaziano's best chance of justice lies with the governor," said Pat Doherty, one of Spaziano's attorneys. Doherty and Spaziano's other attorney, Mike Mello, sent a letter to Gov. Lawton Chiles this week informing him of their decision to file a petition for clemency. In the petition, they will ask Chiles to pardon Spaziano, Doherty said. Spaziano was schedules to die June 27 for the 1973 murder of Orlando nurse Laura Lynn Harberts. But Tony Dilisio, a key witness against Spaziano, told Florida Department of Law Enforcement agents that he was manipulated by investigators and his testimony was false. On June 15, Chiles called off the execution indefinitely. Dilisio has said he will sign the clemency petition, Doherty said. Chiles spokesman Ron Sachs said he did not know if the letter had been received. If it had, it would be sent to the governor's lawyers for review. Sachs described clemency as an act of mercy "approved sparingly, if at all, in capital cases." Normally, with a stay of execution, the attorneys would be scrambling to appeal the case. Doherty said he and Mello feel it would take a long time to prepare a new case to go before the court. At any time, Spaziano's execution could be rescheduled, and the case might not be ready. Many of the witnesses necessary to a new case are out of the country and it would take months, even years before a hearing could be set, Doherty said. "The problem is the courts have had 20 years to set aside this case and they have chosen not to do so," Doherty said. Besides, Doherty said, at this stage, the courts would be reviewing the case for technical violations in earlier trials. The merits of the case itself would not be discussed and so the courts cannot give Spaziano what his lawyers say he deserves, vindication. "We want him to walk," Doherty said. " He never committed this crime." The attorneys realize the strategy is risky. Chiles has granted stays of execution in the past, only to resign the death order later. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper article Contributor of the Digital Item Person submitting the digital item to the collection. Guidon, John 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 Spaziano to take case to governor instead of courts Creator An entity primarily responsible for making the resource Henry, Kaylois 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 1995-06-24 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 Description An account of the resource Spaziano's lawyers want him to be declared innocent and pardoned by Governor Chiles. One of the key witnesses for Spaziano's original case admitted he lied in his original witness testimony. Clemency Joe Spaziano Mike Mello Tony Dilisio