1 20 70 https://hist299.umwhistory.org/files/original/c8cc675c93ee871afae46da140419629.jpg 1a1759ad70f0a87e71f7d754a1eeaf99 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 4 Text Text Any textual data included in the document Spaziano's lawyer says state lied Michael Mello claims Gov. Chiles' office misrepresented a key witness' videotaped statement. The governor's office denies the charge. By Diane Rado TALLAHASSEE – A war of words has erupted and last-ditch paperwork mounts at the court-house as convicted killer Joseph "Crazy Joe" Spaziano heads toward death in Florida's electric chair. Spaziano's attorney has asked the Florida Supreme Court to halt the Sept. 21 execution and make public a secret police investigation that led to a new death warrant for Spaziano. In a series of motions filed this week, attorney Michael Mello also accuses Gov. Lawton Chiles' office of lying, possibly tampering with evidence and selectively leaking information about the case, among other things. The governor's office denies the charges and is appalled by a recent memo written by Mello. The memo, addressed to colleagues in Florida who deal with death cases, is a blunt, sometimes vulgar assessment about strategy on the Spaziano case. Among other things, Mello describes the U.S. Supreme Court as "those robed a--h----," and former Gov. Bob Graham, now a U.S. senator, as "the original wimp who transformed himself into a national political force and who did so on the charred bodies of our clients." "As a lawyer, I was appalled. As a human being, I found it impossible to believe somebody could be this way," said Dexter Douglass, the governor's general counsel who got a copy of the Aug. 27 memo from Mello. Mello isn't apologizing for the memo. "It's a candid and blunt assessment of an extraordinarily difficult tactical and moral decision that I had to make and that Joe Spaziano had to make," Mello said in an interview Thursday. The memo describes a decision not to take Spaziano's case to the federal courts because Spaziano is not likely to get a stay of execution there. Mello generally says about the federal courts, "F--- ' em." In the end, Mello says, Chiles should bear responsibility for executing Spaziano, not the courts. "I want him to know that, no matter how much good he did in the Senate and in the governor's mansion, it will all be eclipsed by this; it will all be outweighed by his killing this man." Controversy has been growing since this summer over Spaziano, the Outlaws motorcycle gang member condemned to die for the 1973 rape and murder or Orlando hospital clerk Laura Lynn Harberts. The star witness in the case, Anthony Dilisio, recanted his testimony, telling reporters he lied when he said Spaziano had shown him the bodies of Harberts and another woman at a dump. Chiles canceled Spaziano's execution June 27 and asked the Florida Department of Law Enforcement to investigate. The FDLE investigation persuaded Chiles to sign a fifth death warrant for Spaziano last week, but the governor's office has refused to release the investigation. Mello asked the Florida Supreme Court this week to force the release of the investigation. He said he has already discovered that the governor's general counsel, Douglass, lied to reporters about the contents of a videotaped interview of Dilisio on June 14. In the interview, according to a transcript Mello filed with the court, Dilisio doesn't remember a lot of details about the trial. But he does recant his previous testimony about Spaziano bringing him to the dump where the women's bodies were. He said police manipulated him and brought him there. "I had never been there in my life until they brought me there. And they made it look like that a guy that they arrested, Crazy Joe, brought me there," Dilisio said. Mello says in his court motions that Douglass told reporters that Dilisio did not recant his testimony in the videotape – a statement he characterizes as a lie. "The obvious question becomes: If Chiles' office lied about the videotape, why should we believe any of their other new "evidence" – especially when they insist on cloaking it in secrecy," Mello wrote. Douglass said he has not lied about the Spaziano case. "I could be mistaken, but I didn't lie. I'm sure it's all a matter of interpretation," Douglass said. "I'm not getting into any arguments with this man (Mello)," Douglass added. Mello obtained a copy of the videotape through an independent source and sent it to the Supreme Court sealed. Now, he has informed the court he no longer wants the tape sealed because the governor's office or the FDLE leaked into the Orlando Sentinel, which has written editorials in favor of Spaziano's execution. As a result, the court will release the tape for viewing today. [[1976 headshot of spaziano-image]] Joseph "Crazy Joe" Spaziano is scheduled to be executed Sept. 21. Contributor of the Digital Item Person submitting the digital item to the collection. Cavolt, Jessica 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 Spaziano's lawyer says state lied Creator An entity primarily responsible for making the resource Rado, Diane 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 1995-09-01 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Description An account of the resource Michael Mello, Spaziano's lawyer accuses Governor Chiles' office of lying and possibly tampering with evidence. Star witness in the case recants statement. Subject The topic of the resource Joe Spaziano Capital Punishment Source A related resource from which the described resource is derived Rado, Diane. “Spaziano's lawyer says state lied.” St. Petersburg Times, September 1, 1995. 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 Anthony Dilisio capital punishment death penalty Gov. Lawton Chiles Spaziano https://hist299.umwhistory.org/files/original/e44562e3d27c75a9d0797075351661e1.jpg 3de09cd734e1fc3586abddc893c062a1 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 4 Text Text Any textual data included in the document Spaziano prepares for death -Even though a witness in his case retracted key testimony, the convicted murderer reportedly fears the worst. By Diane Rado TALLAHASSEE - He has been on Florida's death row for nearly 20 years, outliving four death warrants and steadfastly proclaiming his innocence. But even Joseph "Crazy Joe" Spaziano knows the end is near. Despite a stunning recantation of testimony from a star witness in his case, Spaziano is preparing for death in Florida's electric chair on Spet. 21, his attorney says. "He's trying to take care of unfinished business; trying to make things right with some of his family members he's had fallings out with; trying to make provisions for his daughter (Now in her 20s)," said his attorney Michael Mello, who speaks to his client every day, twice a day, at 3 and 7 p.m. Gov. Lawton Chiles has signed a fifth death warrant for Spaziano, the Outlaws motorcycle gang member condemned to die for the 1973 rape and murder of Orlando hospital clerk Laura Lynn Harberts, 18. Her mutilated body was found partly covered with leaves and trash in a dump in Seminole County. Only one person, WIllie Darden, his made it past the fifth warrant. Darden was executed on his seventh warrant in March 1988. Spaziano knows that. "He alternates between sort of jocularity, joking around, and sort of what I characterize as white hot terror," Mello said Friday. "He talks about dying, how he wants his brothers and sisters in the (Outlaws) club to be there. He talks a lot about his family, his mother." Mello said he has asked Spaziano's ex-wife to gather all the letters she has received from Spaziano over the years and send him all those in which Spaziano declares his innocence. Mello said e doesn't know yet what he will do with the letters. Controversy over the Spaziano case has grown this summer, since witness Anthony Dilisio recanted his testimony of 20 years ago. Dilisio is telling reporters he now couldn't recall Spaziano taking him to the dump and showing him bodies of Harberts and another woman. The testimony was a key link between Spaziano and the crime scene. Chiles canceled Spaziano's execution June 27 and ased the Florida Department of Law Enforecement to investigate. The controversy grew. In fear that witnesses interviewed could be in danger, the governor refused to make public the FDLE report, which hi aides said reinforced Dilisio's original story and linked Spaziano to the murder victim. Mello has asked the Supreme Court to open the secret investigation, allow a new hearing on the case and halt Spaziano's execution. The motions are pending. Friday, the Supreme Court allowed the release of videotaped FDLE interview of Dilisio. In the interview, DIlisio clearly recants his prior testimony on the case and says police, not Spaziano, brought hiim to the dump where the women's bodies were found. Dilisio, now 38, sits next to his lawyer in the tape, wearing a print shirt and speaking articulately, sometimes passionately, about the last 20 years of feeling angry, guilty, and afraid of retribution for testifying against Spaziano. He was just a kid at the time of the Harberts murder, he says, taken out of juvenile detention and treated like a "king" by authorities when then manipulated him, hypnotized him, and possibly drugged him to get crucial testimony against Spaziano. "I'm just totally disgusted you know, I'm just trying to look at this. I've got kids right now. I can't imagine somebody doing this to them. Something to my kids, using them, you know, for their own game like I feel was done to me," Dilisio says, "I coudln't imagine. It's insanity." He says the case changed his life. "This has been a pretty dramatic experience in my life. And I, and I mean I wish that it'd never happen to me, but it did happen to me. Okay, it did, it happened. And I'm tired of carrying it around." 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. Palomo, Francisco 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 prepares for death 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 1995-09-02 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida Subject The topic of the resource Capital punishment Spaziano, Joe Creator An entity primarily responsible for making the resource Rado, Diane Description An account of the resource Spaziano prepares for his execution by trying to mend relationships with family and making provisions for his daughter. Controversy over his case has grown since key witness Anthony Dilisio recanted his testimony. Dilisio speaks about his feelings of anger, guilt, and fear of retribution for testifying. https://hist299.umwhistory.org/files/original/fd8003073e343572ea4b0d371566318d.jpg d36aade3add45618376dd5bb9d236e88 https://hist299.umwhistory.org/files/original/84bf395ca77754b3345da5e8e029c5d4.jpg a42455caea2fd025bd17caad2784381c 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 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) vol. 68, issue 5 Contributor of the Digital Item Person submitting the digital item to the collection. Friedrich, Alex Text Any textual data included in the document [first page] [heading] Case shows changing role of governors in death appeals By John D. McKinnon Herald Legal Correspondent [start of the first column] TALLAHASSEE -- Joe Spaziano, scheduled to die this month in Florida's electric chair, is a wrongly-convicted man, his attorney argues, a mistake the state wants to bury. But What's just as bad, his lawyer says, is the way Florida officials are going about it: By using secret evidence to justify Spaziano's execution, they're burying the whole case. "A constitutional abomination," gripes Michael Mello, Spaziano's volunteer lawyer. Without intending to, state officials also have thrust the Spa- [end of the first column] [start of the second column] How should inmates' belated claims of innocence be handled? [text] ziano case into the middle of one of the hottest debates in death penalty law. The question is this: As more and more condemned inmates raise belated and frequently bogus claims of innocence, how should the system handle them? In particular, as judges make it [start of the third column] harder for inmates to raise such claims in court, how should governors still have unchecked powers in matters of life and death, like kings of old? Or should governors be forced to hear the prisoners' pleas all over again? In Florida, the question came up when Gov. Lawton Chiles signed a new death warrant for Spaziano based on the results of a confidential investigation by the Florida Department of Law Enforcement. Chiles asked for the investigation after the key [end of the third column] PLEASE SEE SPAZIANO, 10A [heading] Critics question use of 'secret' evidence to justify execution SPAZIANO, FROM 1A [start of the first column] witness in Spaziano's trial 20 years ago recanted his testimony. Spaziano, an Outlaws motorcycle gang member, was convicted in 1975 of murdering an 18-year-old Orlando woman, Laura Harberts. But the key witness at trial, Tony DiLisio, said in June that he wasn't shown Harberts' body by Spaziano as he had testified, but was manipulated by police and a government-hired hypnotist. According to summaries of the FDLE investigation, the agency has located people who said they recalled hearing statements over the years that implicated Spaziano. None of the witnesses have been identified, none of their statements have been disclosed. Few, if any, of the statements appear to be admissible in court because they're hearsay. Those that might be admissible come from a former biker who's in a federal witness protection program -- just the sort of witness that juries often disbelieve. The state's Public Records Law specifically allows clemency records to be kept secret and Chiles says he intends to keep the names and statements in the investigation confidential. Some of the witnesses were promised anonymity, out of fear of the Outlaws, officials say. That hasn't been enough to satisfy some death penalty critics. "It seems as if there's something that he's hiding," said Kica Matos, research director for the NAACP Legal Defense Fund's Capital Punishment Project. "It sure ain't fair," said William T. Geimer, a Washington and Lee University law professor and nationally recognized death penalty expert. Maybe. But is it legal? Based on the courts' traditional approach to the death penalty experts say, the answer would appear to be: Yes. "The problem is that the courts -- the federal courts and the Supreme Court especially -- have always been extremely reluctant to say anything to governors about how to conduct their business at the end of a death-penalty case," says Hugo Adam Bedau, a Tufts University professor. That tradition is under growing pressure, experts say, as condemned inmates raise more and more claims of innocence, and federal judges are finding more and more ways to avoid hearing them. Such claims have been multiplying as wily death-penalty appeal lawyers shift their focus from attacking capital-punishment laws to attacking the facts of their clients' cases. And innocence claims have a [end of the first column] [start of the second column] big advantage, appeals lawyers have found: After 10 or 15 years, even solid murder cases become vulnerable to assault. Evidence corrodes or breaks down. Police lose their files. A surprising number of people turn up who are able or willing to take the rap -- for instance, other inmates who are suffering from terminal illness or who've died. That has happened more than once in recent years, to the enormous frustration of officials like Chiles. "The [death penalty lawyers] are good," Chiles said in a recent interview with the Herald editorial board. "They have something in every one of these cases." While Florida's Supreme Court has remained relatively [end of the second column] [start of the third column] open to new claims of innocence, many other judges -- especially federal judges -- are getting fed up. "They've become convinced that all the innocence issues anyone raises are fraudulent," says Bruce Ledewitz, a Duquesne University law professor and a noted capital punishment opponent. The problem is, Ledewitz argues, the federal courts "haven't yet come up with any system that winnow out the good claims from the bad ones. They've just decided to execute everyone." The federal courts' resistance to innocence claims crystalized in a case called Herrera vs. Collins, decided by the U.S. Supreme Court in 1993. In the Herrera case, the high court [end of the third column] [start of the fourth column] decided that federal courts didn't have to hear most belated claims of innocence in old capital cases because that's what state governors were for. And that's created the latest legal issue for Spaziano. "The Herrera decision blesses governors as a part of the capital punishment process," explains Geimer, the Washington and Lee University professor. "So if they are now going to be a part of the process, the next question is, are there going to be rules? Can you have a secret investigation?" Contends Daniel T. Kobil, a law professor at Capital University in Ohio: "It seems to me that if the governor's clemency power is to serve as a failsafe in our constitutional system, it has to be administered in a fundamentally [end of the fourth column] [start of the fifth column] fair way. This one-sided, secretive procedure the Florida governor is engaging in seems to me to fall far short of that." Spaziano's lawyer, Vermont law professor Mello, is making exactly that argument to the state Supreme Court in seeking to se the report. "He doesn't have any right to look at it," replies Dexter Douglass, the governor's general counsel. "The governor's not a court." Mello is a former West Palm Beach public defender. [end of article] 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 Case shows changing role of governors in death appeals Creator An entity primarily responsible for making the resource McKinnon, John D. Source A related resource from which the described resource is derived McKinnon, John D. "Case shows changing role of governors in death appeals." The Miami Herald, September 2, 1995, A1. Language A language of the resource English 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 1995-09-02 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 Tallahassee, FL Description An account of the resource As a result of the 1993 U.S. Supreme Court case, Herrera vs. Collins, state governors became the designated figures to acknowledge the most belated claims of innocence in old capital cases. However, after Tony DiLisio recanted his previous testimony, which incriminated Joe Spaziano, Gov. Lawton Chiles signed a new death warrant for Spaziano based on evidence gathered from a confidential investigation by the Florida Department of Law Enforcement. By using secret evidence to reinforce Spaziano’s execution, death-penalty critics believe Chiles’ actions to be unconstitutional. Subject The topic of the resource Capital punishment Spaziano, Joe https://hist299.umwhistory.org/files/original/efc922b9a5eac76a3da2920147d1ab6e.jpg 742377a2469986378c325a3e52703c81 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 4 Text Text Any textual data included in the document [heading] Attorney problems complicate Spaziano case [start of the first column] A convicted killer scheduled for execution Sept. 21 in Florida’s electric chair is being represented during what may be the last three weeks of his life by an attorney who is teaching full time at a Vermont law school and has no assistance here. Joseph Spaziano’s attorney, Michael Mello, must work on the case without the usual support staff because the organization that does that work has lost its funding and is closing down. [end of the first column] [start of the second column] “This is an innocent guy in the middle of a very complex factual investigation,” Mello said. “He’s about to be executed in three weeks and for all practical purposes, he doesn’t have a lawyer.” Complicating Mello’s ability to provide a defense is that new investigative information about the case has been ordered confidential by Gox. Lawton Chiles. Dexter Douglass, Chiles’ clemency attorney, says all those arguments are simply defense tactics. [end of the second column] [start of the third column] Spaziano, who will be 50 on Sept. 12, is accused of the 1973 murder of Orlando nurse Laura Lynn Harberts, whose sexually mutilated body was found in a trash dump near Altamonte Springs, a suburb of Orlando. Spaziano, a former member of the Outlaw motorcycle gang, was convicted primarily on the testimony of a man named Tony Dilisio and Harberts’ roommate, who told authorities she heard Harberts talking on the phone with a man named Joe before she was murdered. Spaziano had been under his fourth death warrant in June when Dilidio told The Miami Herald that he gave his [end of the third column] See Spaziano on Page 2B [heading] Spaziano Continued from Page 1B [start of the fourth column] Testimony under hypnosis. Testimony taken under hypnosis was admissible in Florida at the time, but is no longer. Chiles stayed the execution and asked the Florida Department of Law Enforcement to investigate Dilisio’d comments. The FDLE report was submitted to Chiles several weeks ago and a new death warrant was signed last week. Chiles will not release the contents of the FDLE report, but Douglass said it confirms Spaziano’s guilt. “That information is not going to become public at any time,” Douglass said. “We don’t need that information, just the findings from 15 court decisions that these are legal sentences.” The day after the warrant was signed, the Volunteer Lawyers Post-Conviction Defender Organization notified Mello that because of a $1.5 million cut in federal funding, it will shut down Sept. 30. The organization has been ordered by its directors to stop working on cases immediately. That left Mello, who started teaching classes the following day, without any Florida lawyers working with him and without the services of Stephen Gustat, the organization investigator who was doing research for him. Jennider Greenberg, the organization’s co-director, ex- [end of the fourth column] [start of the fifth column] plained the problem to Mello in an Aug. 28 letter. “We tried our best to inform the governor’s people about the impossibility of us representing or assisting pro bono counsel in representing anyone under an active death warrant during this phase in our existence,” Greenberg wrote. “Inexplicably, the governor chose to seek Joe’s execution nonetheless.” The Office of Capital Collateral Representatives, the state agency that represents most Death Row inmates in Florida, cannot defend Spaziano because it has a conflict in the case. Mello said that in his 12 years of defending death row inmates, he has never faced a situation like this. “I thought I had seen it all,” he said. “I’ve never had my whole investigative arm evaporate on the eve of a fifth death warrant in the face of a whitewash, fraudulent and now secret police investigation that the governor’s counsel has lied about, when I am representing an innocent man.” Douglass said Mello is just trying to create an issue in a losing case, and that he does have an investigator – he said the news media have helped investigate the case. Meanwhile, Mello has asked The Florida Bar and the state Supreme Court for advice. “I have real reservations about whether I can render effective counsel,” he said. “Joe has a right to counsel in Florida. I don’t know that I can give it to him. But if I withdraw, he has no lawyer. Yet without investigation, I’m nothing but the illusion of a lawyer. I just don’t know what to do.” [end of the fifth column] [end of the article] 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. Treese, Paige 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 Attorney problems complicate Spaziano case Subject The topic of the resource Capital punishment Creator An entity primarily responsible for making the resource Greenberg, David Source A related resource from which the described resource is derived The Gainesville Sun Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-3 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 Description An account of the resource Attorney Michael Mello is left with little time or support to work on Joseph Spaziano's case after the organization supporting Mello on the case is shut down only three weeks before Spaziano's execution. https://hist299.umwhistory.org/files/original/c5ba5ad7f0182243b86a10af5b11feac.jpg 030a3c0961a5b85fa105030d5e3658f4 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 4 Text Text Any textual data included in the document [heading] Reveal report on Spaziano [start of the first column] Gov. Lawton Chiles should reveal the substance of a special state investigation of the evidence used to convict Death Row resident Joseph Spaziano. The Florida Department of Law Enforcement compiled that report at the request of Mr. Chiles as he was considering a clemency request. Mr. Spaziano's attorney, Michael Mello, says his client should not have been convicted of murder in the death 22 years ago of Laura Lynn Harberts. Mr. Chiles has no authority to overturn Mr. Spaziano's conviction. That is the province of the court system – which, in several appeals at both the state and federal levels, has found no reason to do so. If Mr. Chiles were to be convinced that Mr. Spaziano was wrongly convicted, though, he could reduce – or even throw out – the sentence. Instead, after reviewing the FDLE report, Mr. Chiles was convinced that Mr. Spaziano's conviction was just. In fact, what new evidence was found supported the jury's verdict in that heinous crime. Understandably, Mr. Mello would like to [end of the first column] [start of the second column] see that FDLE report. It's true that it was Mr. Mello's choice to seek redress through the governor, and it's true – as Mr. Mello surely must have known – that the clemency procedure affords the governor the right to keep that information private. Mr. Chiles' concern is for the safety of those who spoke with the FDLE, several of whom did so on the condition that they not be identified. Mr Spaziano, after all, was a member of a motorcycle gang notorious for violent retribution. Still, a man's life is at stake. If his life is to be taken in the name of the public, the public has a right to know on the strength of what information that is being done. The best solution would be for Mr. Chiles to release a summary of the FDLE's findings that would not identify – nor potentially put into jeopardy – the source of the information but would make clear why he believes that there is no reason to grant clemency to Mr. Spaziano. This, after all, isn't a trial. Mr. Spaziano had his trial – 20 years ago. [end of the second column] [end of article] 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. Snead, Andrew Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Reveal report on Spaziano 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 1995-09-05 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 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Orlando, FL Subject The topic of the resource Capital punishment Chiles, Lawton, 1930-1998 Creator An entity primarily responsible for making the resource The Orlando Sentinel Source A related resource from which the described resource is derived Orlando (FL) Sentinel. "Reveal Report on Spaziano." September 5, 1995. Description An account of the resource Governor Lawton Chiles should release a summary of the Florida Department of Law Enforcement report that he used to determine that Spaziano's murder conviction was just. Michael A. Mello https://hist299.umwhistory.org/files/original/775107f4638603772daa3115f1622cf1.jpg d780a6a7358666fcd8c0940e5d9ab6e8 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 4 Text Text Any textual data included in the document [heading] Spaziano insists he's innocent <ul> <li>The Florida Supreme Court will hear arguments today in the case of the rape-murder convict scheduled to die Sept. 21.</li> </ul> By Ron Word [start of the first column] STARKE -- Outlaws motorcycle gang member Joseph "Crazy Joe" Spaziano grows quiet when asked about his impending death in the electric chair for the rape, mutilation and murder of a teenage hospital clerk. He rubs his handcuffed hands against his chin and tears fill his eyes as he proclaims his innocence. [Image of Spaziano] "I'm not guilty of no murder. I'm not guilty of no rape," Spaziano said in an hourlong prison interview Wednesday just two weeks before his scheduled Sept. 21 execution. "The only thing Im guilt of is smoking a few reefers," he said from behind a glass partition. Unless his last-minute appeals are successful, Spaziano will be put to death for the 1973 rape, torture, murder and mutilation of Laura Lynn Harberts, an 18-year-old Orlando woman. "I don't know the girl, I know nothing about it," the heavily tattooed Spaziano said. Spaziano, 49, who wears a skull and crossbones ring and has the same emblem with the name of the Outlaws tattooed on the inner side of his right arm, believes he was framed because of his membership in the gang. "I never took the stand. Who would believe an Outlaw?" he said. "There were so many lies. I figured a higher court would see that." Spaziano has shaved his head, something he said he has done after all five of his death warrants. He did not want prison guards to do it in preparation for his electrocution. "So they don't have to touch my head. I don't like people to touch me," he said. [end of the first column] [start of the second column] Spaziano had been scheduled to die in June, but Gov. Lawton Chiles delayed the execution after Spaziano's attorney Michael Mello raised questions about Spaziano's guilt. Oral arguments in his appeal are scheduled today before the Florida Supreme Court. Anthony DiLisio, the star witness against Spaziano, has said he lied when he testified Spaziano allowed him the bodies of Ms. Harberts and another woman at a Seminole Count Dump. Dilisio, 38 and living in Pensacola, now says the information came from police, who had him hypnotized to help his memory. After interviewing DiLisio and conducting an investigation, the Florida Department of Law Enforcement issued a secret report to Chiles that persuaded him to sign a new death warrant. "I really thought the governor was looking at my case," Spaziano said. Several witnesses linked Spaziano to Ms. Harberts and the dump where the decayed bodies were found Aug. 22, 1971. But DiLisio, who has a long history of alcohol and drug abuse, was the only one who could directly connect Spaziano to the bodies. The governor has refused to release the secret report, saying he didn't want to reveal the names of confidential witnesses. The report reportedly contains allegations that a witness tied Spaziano to two murders and another rape. Spaziano, who got a life sentence in an unrelated 1975 rape conviction, has spect much of his 19 years on death row drawing and painting cartoon characters. He is especially fond of Mickey Mouse and other Disney characters. He also likes to paint pictures of motorcycles and their riders. Since being placed in a cell just steps from Florida's electric chair, "Old Sparky." Spaziano said, he has been restless. "Every day is hard. I've got to get ready for it," he said. "I'm just waiting to die. I do a lot of walking back and forth. I don't sleep much. "I want to get as much life in as I can. People can sleep when they are dead." [end of article] 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. Dacey, Rachel 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 Spaziano insists he's innocent Subject The topic of the resource Spaziano, Joe Capital Punishment Description An account of the resource Spaziano later claims his innocence in court and Gov. Lawton Chiles delayed Spaziano's execution based on this information. Creator An entity primarily responsible for making the resource Word, Ron 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 1995-09-05 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 1 JPG 300 DPI Language A language of the resource English Capital punishment. death penalty Gov. Lawton Chiles Michael A. Mello https://hist299.umwhistory.org/files/original/92bafda947dbce6f5691f54abb17418e.jpg cd6a5afd0ffce16caa724792b271758d 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 speaks out about his execution Subject The topic of the resource Capital Punishment--Florida Spaziano, Joseph. Description An account of the resource Joseph Spaziano sentenced to death without last-minute defense effort in Florida, still claiming his innocence. Creator An entity primarily responsible for making the resource Greenberg, David Source A related resource from which the described resource is derived Greenberg, David. “Spaziano speaks out against execution.” The Gainesville Sun, September, 6 1995. Publisher An entity responsible for making the resource available The Gainesville Sun Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-06 Format The file format, physical medium, or dimensions of the resource 1 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 Starke, FL https://hist299.umwhistory.org/files/original/6d4e624121419d6436df48cb59f58164.jpg b762735389c4e852c25d053a6e0c313c 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 speaks out about his execution Subject The topic of the resource Capital Punishment Spaziano, Joe Description An account of the resource Although it is uncommon for lawyers to allow inmates facing execution media interviews, Spazianos lawyers hope to spark interest in his case. Spaziano claims he's not believed about his innocence because he was in a biker gang, the Outlaws. Creator An entity primarily responsible for making the resource Greenberg, David Source A related resource from which the described resource is derived Greenberg, David. “Spaziano speaks out against his execution.” Gainesville Sun, September 6, 1995. Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-06 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 Starke, FL 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 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) vol. 68, issue 5 Contributor of the Digital Item Person submitting the digital item to the collection. Lewandowski, Maggie Text Any textual data included in the document [start page] [heading] Spaziano speaks out about his execution Budget cuts are closing the organization that would have done much of his legal work. By David Greenberg [Image] David Greenberg [caption] Joseph Spaziano struggles for words at Florida State Prison on Tuesday morning as he talks about his execution scheduled for Sept. 21. [start of the first column] STARKE -- During a rare interview at Florida State Prison on Tuesday, Joseph Spaziano reflected on life in the Outlaw motorcycle gang, described 20 years on Death Row and criticized the people who control his fate. If executed as scheduled in two weeks, Spaziano will be the first Death Row inmate to die without benefit of a serious last-minute defense effort since the death [end of the first column] [start of the second column] penalty was reinstated in Florida in 1976. He was sentenced to die for the 1973 murder of Orlando nurse Laura Lynn Harberts. The day before Spaziano's fifth and most recent death warrant was signed by Gov. Lawton Chiles, the Volunteer Lawyers Post-Conviction Defender Organization announced that federal budget cuts were forcing it to close. The organization would have done the investigative work and much of the legal work for Spaziano's last-minute appeals. [end of the second column] [start of the third column] "There's no one to help me, " Spaziano said Tuesday during a 45-minute interview. When Spaziano talked about his next -- and maybe his last -- few weeks, he grew quiet, rubbed his shackled hands against his face and fought back tears. It was the only time during the interview that the small man with the shaved head and furry eyebrows seemed uncomfortable. He raised his tattooed arms to his face in a seeming effort to hide. He insists that he did not kill Harberts. "No, I didn't do it," he said. "During a TV interview, I was asked that about 40 times. I didn't do it, I didn't even know her. [end of the third column] [start of the fourth column] "I've been telling the truth for 20 years, and they won't believe me," he said. "Now the kid who put me in here is telling the truth, and they don't want to believe him. What is there to say? What can I do? Mike's doing the best job he can, but I'm in trouble." Spaziano's attorney is Michael Mello, a University of Vermont law professor who normally would have help from the volunteer lawyers' organization. The law says Spaziano has the right to counsel in Florida. But Mello and others familiar with the case question whether he has it. And there's no case law on such a circumstance. [end of the fourth column] See SPAZIANO on Page 3B [end page] [[start page]] SPAZIANO continued from Page 1B [start of the first column] Spaziano's strongest criticism is aimed at Chiles, his staff and the Florida Department of Law Enforcement. "I really believed after he stayed my fourth warrant that this guy was for real," he said. "But they're all the same. No one in Tallahassee likes me." Dexter Douglass, Chiles' clemency attorney, says Spaziano's comments --- along with Mello's protests --- are all part of the defense's strategy. "There's been no showing made by anybody that this man is entitled to clemency," Douglass said. Spaziano suggests that the is in this position now because of his background as an Outlaw. "It's because of what I am," he said. "I was a biker. I rode with the Outlaws. But I was clean. All I ever did was smoke reefer. If they want me to confess that I smoke reefer, I will. I asked the judge if he wanted to [end of the first column] [start of the second column] smoke before he sentenced me." With an overworked defense attorney at his original trial, Spaziano opted to not take the stand. "I figured no one would believe an Outlaw," he said. "I figured that it would be better when I got to a higher court, but no one would listen." For the last 20 years, Spaziano hasn't been a biker. He's been a Florida Death Row inmate. To occupy his time for the last 20 years, Spaziano has painted. "I did it from the time the cell lights went on until they went off each night," he said. "I'm a cartoon freak. I painted Disney characters and Easy Rider (biking) stuff. I would send them to my people, and they would send me canteen money for cigarettes." It's almost unheard of for lawyers to allow inmates facing execution' to grant media interviews. It never happens without attorneys present. But Mello and Spaziano are doing it to spark interest in the case. And Mello, who started teaching two weeks ago, must allow Spaziano to do it alone. "I don't know what else to do," Mello said in a phone interview from Vermont. [end of the second column] [start of the third column] Spaziano who will turn 50 on Tuesday, was arrested nearly two years after Halberts' sexually mutilated body was found in a trash dump near Altamonte Springs, a suburb of Orlando. He was found guilty by a jury that recommended life in prison. The judge overturned the recommendation and sentenced Spaziano to death. During Spaziano's fourth death warrant last June, the main witness against him, Tony Dills, said he gave his testimony under hypnosis --- no longer acceptable in Florida courts. As a result, Chiles stayed Spaziano's execution and asked the Florida Department of Law Enforcement to investigate. The results of that investigation are known only to FDLE, the governor and his legal aides, but were enough to sign a new death warrant. Chiles will not release the information in the FDLE report. That leaves Spaziano with a lot of questions. "I wonder about the governor," he said. "I wonder why he wants to kill me. Who has the answer to that? Only one man, and he won't say." [end of the third column] [[end page]] 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 speaks out about his execution Language A language of the resource English Subject The topic of the resource Capital punishment Spaziano, Joe Description An account of the resource Two weeks before Spaziano's scheduled execution, he insists his innocence in the murder of Laura Lynn Harberts. Spaziano feels helpless as he is declined a last-minute defense effort by the state of Florida. Creator An entity primarily responsible for making the resource Greenberg, David Source A related resource from which the described resource is derived Greenberg, David. “Spaziano speaks out against his execution.” Gainesville Sun, September 6, 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 1995-09-06 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 Starke, FL Against Execution Innocent Joseph Spaziano https://hist299.umwhistory.org/files/original/d6d165983bbdabe83da711ec4422a13a.jpg 266334acd6cf6cbb34027a1a96fe4e62 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 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper article Contributor of the Digital Item Person submitting the digital item to the collection. Hildebrand, Paige Text Any textual data included in the document [heading] 'Crazy Joe' lawyers to square off today By Mark Silva Capital Bureau Chief [start of the first column] TALLAHASSEE - Florida's Supreme Court today will examine the case of "Crazy Joe" Spaziano, who faces the electric chair in two weeks, although it is unclear what the court is looking for in unexpected oral arguments. "It's not real clear to me, to tell you the truth," said Michael Mello, Spaziano's lawyer, who has filed several 11th-hour pleadings. "I really have only one argument in this case, which is they got the wrong guy." After nearly 20 years on Death Row, Spaziano is slated for execution Sept. 21 for the murder Laura Lynn Harberts, an 18-year-old hospital clerk whose skeletal remains were found in August 1973 with the remains of another, still unidentified 19-year-old woman among garbage strewn in woods near Orlando. The case rested on one witness. Recently, that witness, Tony DiLisio, claimed he lied at the 1976 trial when he said Spaziano had shown him the bodies. DiLisio now says his testimony was coerced. New death warrant Gov. Lawton Chiles postponed Spaziano's execution, giving the Florida Department of Law Enforcement time to investigate DiLisio's story. But after the FDLE reported that DiLisio had implicated Spaziano numerous times in conversations with friends, and that Spaziano had implicated himself in a jail house talk with another convict, Chiles signed a new death warrant. The investigation remains secret. Citing the confidentiality of clemency cases, the governor has refused to make public that FDLE report or the names of the people interviewed. The Supreme Court has [end of the first column] [start of the second column] reviewed Spaziano's case before. This is his fifth death warrant signed by three governors; Gov. Bob Graham signed one in 1985, Gov. Bob Martinez in 1989 and 1990, Chiles in May and August. In scheduling a hearing today at 2 p.m., the court has advised lawyers only that it wants to hear arguments on "all pending matters." Spaziano's lawyer has filed several motions. These include request to delay the execution, request for a new trial and a plea to reopen the appeal of Spaziano's sentence that was heard years ago. They include request to see the FDLE's report, and to provide money for Spaziano's defense - which Mello, a Vermont law school professor, has been handling from afar. Prepared to argue Mello will arrive at the court today prepared to argue for all of this. "I would have liked to have known whether there was anything in particular they were looking for," Mellow said Wednesday from his home in Vermont. "This is their meeting. I didn't ask for a hearing." The attorney general's office, arguing for Spaziano's execution, hasn't been given any more advance warning of the court's interests today. "There is just so much in all those motions, I think the court wants to have an opportunity to let them be heard," said Carolyn Snurkowski, the assistant attorney general appearing in court today. Supreme Court Clerk Did White suggest the ball actually is in Mello's court. "I think they will probably wait on Mike and see what he puts his attention on," White said. [end article] Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 'Crazy Joe' lawyers to square off today Subject The topic of the resource Lawyers Mello, Michael Creator An entity primarily responsible for making the resource Silva, Mark 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 September 7, 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 Florida Description An account of the resource Michael Mello prepares to argue for Spaziano's innocence in Florida's Supreme Court two weeks before Spaziano's death sentence is carried through. https://hist299.umwhistory.org/files/original/f1200e9d4a4664fddfa45eddbc62cb90.jpg 4826dfd71c59872698ce3abd2c037242 https://hist299.umwhistory.org/files/original/76ea6ff2d3755e9ec5437f91965c7689.jpg f2d7b8ad065390bb59f35655e3f18cfc 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 4 Text Text Any textual data included in the document [heading] The supreme question [subheading] Hear for 'Crazy Joe' The State Supreme Court today weights a case that never should have reached death's brink. [start of the first column] Today the Florida Supreme Court will hear, possibly for the last time, the simple, compelling case against the execution of Joseph Spaziano. If the justices consider the full, dismal story of Spaziano's trail, conviction, sentencing, appeals, and impending execution. They will pull the brake, just in time, on an accelerating injustice. If they don't, a person whose guilt was never proved -- in any ordinary, logical sense of the word -- will die in Florida's electric chair just after sunrise two weeks from today. The state will have killed a man without any credible proof that he committed a capital crime. As reporter Lori Rozsa set out in detail in yesterday's Herald, the twisted story of "Crazy Joe" Spaziano is not the stuff of sentimental Hollywood movies. Head of the aptly named Outlaw Motorcycle Club, Spaziano's contributions to society were unwholesome at best. But in 1975 he was found guilty of the ultimate crime, a gruesome torture-rape-murder, based entirely on the say-so of ne wily teenage drug addict named Anthony DiLisio. Guesswork and improvisation Mr. DiLiso's testimony was contradictory from the start. Most of it was cooked up under hypnosis -- at the hands of a hypnotist who previously had helped manufacture at least two false murder convictions. The scarcity of corroborating information -- no eyewitnesses, no physical evidence, not even a known cause of death -- gave the whole proceeding a noxious odor of guesswork and improvisation. Mr. DiLisio now admits what many people already suspected: He made the whole thing up. He never saw any bodies, never heard Spaziano boast of the crime, never suspected Crazy Joe of murder. He did it, he says, to please his father (who had a grudge against Spaziano), to impress police, and to get himself out of a juvenile detention center. Yet even after weighing all this, Gov. [end of the first column] [start of the second column] Lawton Chiles last month came to the astonishing conclusion that none of it matters. On Aug. 24 he ordered the execution to proceed. His rationale lies buried in a secret Florida Department of Law Enforcement report whose partially revealed contents are flecked with self-contradictions, innuendo, and irrelevance. Worse, Spaziano's pro-bono lawyer -- like nearly all lawyers representing indigent clients on Death Row -- no longer has an investigator working for him. Government funding for such services was terminated on Aug. 24 -- the day the governor signed Spaziano's current death warrant. Press reports, the attorney says, are now his only was of scrutinizing the state's case. Three questions for the court Now Just 14 days from an irreversible conclusion to this matter, the Supreme Court has invited lawyers in for one last set of arguments. Here, then, is a final opportunity for the court to ask, in behalf of all Floridians, the elementary questions that haunt this case" Is there any reason to continue believing Tony DiLisio's weird, hypnotically induced 1975 testimony? Is there any reason to believe him now, when with evident anguish, he claims to have sent an innocent man to Death Row? But the court shouldn't stop there. It also needs to answer a third question, only broadly related to Spaziano's case: Can the State continue to administer a death penalty with integrity when most of those on Death Row will have no means for effective representation? Until it can answer that question, the court will be hard-pressed, morally at least, to let any execution proceed. Joe Spaziano's guilt or innocence is unknown. The Supreme Court needs to face that reality and stop the death train. Then it needs to ask: Who will prevent the next such error? Spaziano's worrisome ordeal dare not become the prologue to an era of death sentences without effective counsel. [end of the second column] [[ The image is of Joseph Spaziano speaking through a glass barrier. This image was taken by the Associated Press.]] PRISON INTERVIEW: Joseph Spaziano talks about his case at Florida State Prison. 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. Browning, Abbey 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 The supreme question Subject The topic of the resource Capital punishment 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 1995-09-07 Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Creator An entity primarily responsible for making the resource The Herald Source A related resource from which the described resource is derived The Herald. "The supreme question." The Miami Herald, September 7, 1995. 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 Description An account of the resource This newspaper article discusses Joseph Spaziano's appeal to the Florida Supreme Court that was schedule the day of the newspaper article's release. The article also describes the flaws in the case against Joseph Spaziano. https://hist299.umwhistory.org/files/original/6ecad343f326e5b7ba0c041cc9961f6e.jpg 5b2b91a80ca370889702f00f382976da https://hist299.umwhistory.org/files/original/eb404990baa8961b7066e270f4a1a2e2.jpg da61ef5399f36cb5c656d72c0cabe105 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 Latest Spaziano appeal before high court today 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 4 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. Ferrell, Claudine Text Any textual data included in the document [Start of the first page] [Heading] Latest Spaziano appeal before high court today [subheading] The death row inmate is still claiming his innocence in the slaying of an 18-year-old. By Michael Griffin Tallahassee Bureau Chief [first column] TALLAHASSEE – Florida’s Supreme Court will listen today as a lawyer for Joseph “Crazy Joe” Spaziano makes his latest courtroom bid to save the former biker from execution for a murder he swears he did not commit. Spaziano, convicted in 1976 of killing Orlando hospital clerk Laura Lynn Harberts, has had four ap- [end of the first column] [start of the second column] peals rejected by the state’s high court, but hopes a key witness’s changed version of events may save his life. Justices will hear arguments from lawyers for Spaziano and the state to determine whether it should re-hear one of the four earlier appeals it rejected. Spaziano also has had two appeals denied by the U.S. Supreme Court. While Spaziano’s execution is scheduled, several issues remain unresolved, including whether: <ul> <li>Gov. Lawton Chiles can keep secret a Florida Department of Law Enforcement report on Spa- </li> </ul> [end of the second column] [Image] Associated Press [Caption] 'They are trying to murder me,' Joseph Spaziano says during an interview at Florida State Prison in Starke. [end of the first page] [start of the second page] [Heading] Harberts’ father afraid Spaziano will win appeal SPAZIANO for D-1 [start of the first column] ziano that he read before signing the latest death warrant. <ul> <li>Spaziano’s out-of-state attorney can adequately represent him.</li> <li>Arguments of innocence can be raised almost 20 years after a jury convicted Spaziano and a judge sentence him to death.</li> </ul> Spaziano’s lawyer, Vermont law Professor Michael Mello, could not be reached for comment Wednesday. He and Spaziano have refused to talk to The Orlando Sentinel, accusing its reporters and editors of bias against Spaziano. In an interview with The Associated Press, Spaziano said he is innocent of both the 1973 murder of Harberts and a 1974 Orange County rape for which he is serving a life sentence. Spaziano, 49, said he is terrified at the prospect of death in Florida’s electric chair. “I’m not guilty of no murder. I’m not guilty of no rape,” he said in a prison interview Wednesday, just two weeks before his scheduled execution. “They are trying to murder me,” he said [end of the first column] [start of the second column] from behind a glass partition. “I get afraid.” Art Harberts, father of Laura Harberts, said Wednesday that he is afraid Spaziano will survive the death warrant—his fifth under three governors—and eventually win release from prison. “When is there going to be the end of this thing?” Harberts said. “It’s all about him. It’s all about Joe, the victim. They don’t even think about the other victims, the murders and the rapes he did. Orange County investigators Spaziano a suspect in at least three unsolved rapes and two murders—the death of June Louise Kennedy, 55, and Karen Ann Dupuis, 21. Both bodies were dumped within two miles of a dump near Altamont Springs where the remains of Harberts and another unidentified woman were found on Aug. 27, 1973. Harberts, 18, was last seen alive on Aug. 5 of that year. Several witnesses, including the hospital worker’s roommate, tied Spaziano to Harberts. Other witnesses, including friends of Spaziano and fellow bikers, tied him to the dump. But it was Anthony Dilisio, a Maitland teen who idolized Spaziano, who linked the [end of the second column] [start of the third column] [[words--boxed]]: When is there going to be the end to this thing? It’s all about him. It’s all about Joe, the victim. They don’t even think about the other victims, the murders and the rapes he did. – Art Harberts, Laura’s father biker to the decomposed body of Harberts. He told police that Spaziano bragged about raping and mutilating the woman and finally took him to the dump to display Harberts’ body. In June, Dilisio told The Miami Herald that he had lied 20 years ago and that Spaziano had never taken him to the dump or showed him any bodies. Chiles stayed that execution and ordered the FDLE to investigate Dilisio’s claims. [end of the third column] [start of the fourth column] Agents reported that Dilisio told several people about going to the dump long before police appeared and hypnotized him to enhance his recall. They also quoted a biker now under federal protection who said Spaziano confessed to him while in prison. After reviewing the report and watching an FDLE videotaped interview with Dilisio, Chiles signed the death warrant. He ordered the FDLE report kept secret to protect witnesses who said they feared retaliations. Mello has asked the Supreme Court to stay the execution on the basis of Dilisio’s new version of events. He also hopes to force Chiles to open the files so he can interview the witnesses. But Mello has also filed papers indicating he lacks the money, time and support staff to adequately defend a man fighting for his life. On that basis, he asked the court whether he should continue as Spaziano’s attorney. If the court grants a re-hearing of the case, Spaziano’s execution could be delayed. If justices refuse to intervene, Spaziano may have run out of appeals. [end of the article] 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 Latest Spaziano appeal before high court today Description An account of the resource The Florida supreme court will hear a request to reconsider an appeal of convicted murderer Joseph Spaziano. The murder victim's father and Spaziano's attorney Michael Mello express differing concerns about Spaziano's case. Creator An entity primarily responsible for making the resource Griffin, Michael Source A related resource from which the described resource is derived Griffin, Michael. "Latest Spaziano Appeal before High Court Today." Orlando Sentinel, September 7, 1995, D-1 and D-5. 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 1995-09-07 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL Subject The topic of the resource Spaziano, Joe Chiles, Lawton, 1930-1998 https://hist299.umwhistory.org/files/original/19ade6d44a0f045ec0f79519d27bc3d1.jpg 8bbd12820a2d3e413963d953ce6932c7 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 4 Text Text Any textual data included in the document [header] Spaziano awaits decision [start of the first column} TALLAHASSEE -- An attorney for Joseph "Crazy Joe" Spaziano asked the state Supreme Court for a chance to prove his client is innocent in the murder sending him to the electric chair in two weeks. A lawyer for the state, however, urged the justices not to stay Spaziano's execution on "mere speculation." After bearing oral arguments Thursday, Florida's high court will make a decision at its own discretion; Spaziano, 49, is scheduled to be executed Sept. 21 for the murder of a n Orlando woman 22 years ago. During the hourlong hearing, justices and lawyers had exchanges about testimony at a trial held nearly 20 years ago, about judicial procedure, about the role of the state's high court in reviewing capital cases. "The proceeding before us has taken a rather free form," Justice Harry Lee Anstead told Spaziano attorney Michael Mello. "This is the way you have approached this case before the court, and it's obviously causing us considerable difficulty." Mello, a Vermont law professor, has filed hundreds of pages of pleadings before Florida's high court, but he began his presentation [end of the first column] [start of the second column] [quote] "If I had an opportunity to prove Mr. Spaziano's innocence before a jury, he would be acquitted." -Attorney Michael Mello [text resumes] by telling justices that all the issues were secondary because his client did not kill Laura Lynn Harberts. The 18-year-old hospital clerk's body was found in an Altamonte Springs dump in August 1973. "I believe that if I had an opportunity to prove Mr. Spaziano's innocence before a jury, he would be acquitted," Mello said. "All I'm asking for . . . is a stay of execution and the provision of resources." Anthony Dilisio, a key prosecution witness in Spaziano's trial, recanted his testimony earlier this year, prompting Gov. Lawton Chiles [end of the second column] [start of the third column] to suspend Spaziano's fourth death warrant. However, after an investigation by the Florida Department of Law Enforcement into the recent comments by Dilisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. Mello questioned the reliability of the FDLE investigation, which he governor has refused to release, as "supersecret information that supposedly reliable witnesses supposedly told FDLE that supposedly correctly-reported to the governor." But Anstead questioned the strength of Mello's appeal before Florida's high court. "I can't imagine new evidence more substantial than a disavowal of the critical testimony by the witness," Mello answered. If Mello had filed the proper motion in trial court, he would have been required to meet two tests, Anstead said. The first test is whether the recanted testimony was substantial enough to undercut Spaziano's conviction; the second is whether the issue should have been raised earlier. Anstead asked Mello if he could have jumped through "those two ordinary hoops." Justice Ben Overton then interrupted the attorney, asking why he had not presented an affidavit from Dilisio recanting his testimony. [[shot of Spaziano speaking through glass in prison visiting area by Dede Smith from The Gainesville Sun]] Joseph Spaziano talks Wednesday at Florida State Prison about his execution scheduled for Sept. 21. [end of the article] 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. McGowan, Khayla 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 awaits decision Subject The topic of the resource Capital punishment Spaziano, Joseph Description An account of the resource This newspaper article discusses Joe Spaziano's last minute appeal to the courts to stay his execution, scheduled for September 21, 1995, thirteen days after the article's publishing. Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Associated Press. "Spaziano Awaits Decision." The Gainesville Sun, September 8, 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 1995-09-08 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 Tallahassee, FL https://hist299.umwhistory.org/files/original/fad88b708bceddb7aa8a93368c8a14dd.jpg 09f25c16eda74646e998420f29320382 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 4 Text Text Any textual data included in the document [header]  State News [Title]  Spaziano case has court in quandary By Larry Kaplow Palm Beach Post Capital Bureau [start of the first column] Tallahassee-Tensions over the controversial death sentence of Outlaws gang member Joe Spaziano surfaced in heated arguments Thursday as the Florida Supreme Court wrestled with the apparent reversal of the key witness in the 20-year-old case. The case has defied legal procedures, with its late-breaking recantation by witness Anthony Dilisio, and the subsequent investigation that Gov. Lawton Chiles is keeping secret but said prompted him to sign Spaziano's death warrant last month. Execution is scheduled for Sept. 21. Spaziano was convicted of the 1973 Seminole County murder of 18-year-old Laura Lynn Harberts, whose badly decomposed body was found alongside another corpse near a trash dump. His volunteer attorney asked the court to cancel the execution and give him enough money to hire an investigator to look into the new information. The court could rule anytime. As an assistant attorney general agreed against a stay, Supreme Court justices testily asked about a videotape, somehow leaked to Spaziano's attorney and of Dilisio telling Chiles' investigators that police led him to give the hypnotically induced testimony about going with Soaziano to see the victim's corpse. "Apparently there us an allegation out there, and a very strong one, that the prime witness against the defendant in this particular case has now related his testimony," Justice Gerald Kogan [end of the first column] [Start of the second column] said. "What do we do as a court? Do we sot back and say, 'OK... that's tough Mr. Spaziano, we're going to electrocute you because of all these (procedural) thing you should have done before?'" But they also had tough questions for Spaziano attorney Michael Mell about the "free form" of his defenses through the courts and why he hasn't obtained a sworn statement from Dilisio recanting his trial testimony. Mello, a law professor in Vermont, said Dilisio refused to cooperate years ago and he wants to try to hire an investigator to give it another try. By the original prosecutor's own admission, the case relied almost completely on the testimony of DiLisio, then a troubled teenage Outlaws groupie. But, when he couldn't remember an alleged trip to view the victim with a boastful Spaziano, police had him hypnotized and led him on at least some of the details. Recent report in The Miami Herald quoted Dilisio as saying that he was coerced into the testimony. That prompted Chiles to delay an order for his execution in June. But Chiles sent investigators to talk to Dilisio and others. Chiles aides said they found others in the Outlaws' circles who claimed to hear Dilisio talk about seeing the bodies before he had been hypnotized for the trail. Chiles won't release interviews, however, maintaining the Outlaws might retaliate against the witnesses. Mello obtained a copy of the videotaped interview Florida Department of Law Enforcement investigators held with Dilisio and turned it over the supreme court. In its, DiLiso and turned it over to the Supreme Court. In it, Dilisio, said the first time he can recall doing to the site of the bodies was when police took him there. [end of the second column] [end of the article] 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 Spaziano case has court in quandary Subject The topic of the resource Spaziano, Joseph Capital punishment Description An account of the resource There are major tensions over Joseph Spaziano's case because the key-witness in the 20 year old case reversed his testimony. Creator An entity primarily responsible for making the resource Kaplow, Larry Source A related resource from which the described resource is derived The Palm Beach Post Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-08 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 300 dpi 1 JPG Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida https://hist299.umwhistory.org/files/original/101e67a8d4176eaaee3ea7807a71203a.jpg fc7b13024720bfe3545645213ec1cc54 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 4 Text Text Any textual data included in the document [header] Spaziano's attorney asks court to halt execution By Diane Rado Times Staff Writer [start of the first column] Tallahassee – The attorney for Joseph “Crazy Joe” Spaziano appealed to Florida’s highest court on Thursday for a last-minute chance to prove his client’s innocence. “Mr. Spaziano is innocent, factually innocent, and I want to be very clear about that,” attorney Michael Mello argued before the Florida Supreme Court. “I believe if I had the opportunity to prove Mr. Spaziano’s innocence to a jury he would be acquitted.” Spaziano is scheduled to be executed Sept. 21 for the 1973 murder of Orlando hospital clerk Laura Lynn Harberts, 18. Thursday’s hearing was sometimes passionate and philosophical about the issues that arise as the clock ticks down toward an execution. Among other things, Mello has asked the court to halt the execution, make public a secret police investigation that led to a fifth death warrant for Spaziano, and give Spaziano a new hearing based on the recantation of testimony from the state’s star witness of some 20 years ago. “If they’ve (the state) got the evidence, if it’s so great, let them present it to the jury. If they want to convict him, if they want to kill ‘em, let them do it the old-fashioned way,” Mello said. The state objected to a stay of execution and questioned whether Mello should be arguing before the Supreme Court at all. Justices also asked Mello whether the proper avenue would be to send the case back to the trial court to determine whether a new trial is necessary. For that to occur, Mello would need to present new evidence and the reason why that evidence has not been presented before. Mello said he does have new critical evidence: a recantation from Anthony DiLisio, who told reporters and the Florida Department of Law Enforcement this summer that it was police – not Spaziano – who took him to a dump where Harbert’s body was found. DiLisio now says he was [end of the first column] [start of the second column] manipulated, hypnotized, and possibly drugged by police when he gave his earlier testimony, which provided a crucial link between Spaziano and the crime scene. Justice Ben Overton questioned whether DiLisio had actually recanted under oath. Mello said he did provide the court a videotape of the FDLE’s interview of DiLisio this summer. But a transcript of that tape does not indicate DiLisio was under oath. Mello told the justices that the governor’s office may have a different version of the videotape. Gov. Lawton Chiles has refused to release the FDLE investigation of Spaziano that led to a fifth death warrant, fearing that witnesses would be in danger. “That doesn’t mean you can’t go to him and get an affidavit does it?” Overton asked. Mello argued that he needs resources to represent Spaziano, specifically to hire an investigator who could talk to DiLisio and look into other aspects of the case. Assistant attorney general Margene Roper said she doesn’t believe DiLisio’s recantation and that it would be inappropriate at this stage to provide funding for further investigation of the case. Any investigation should have been completed by now, she said. But Justice Gerald Kogan said: “Apparently there is an allegation out there – and a strong one – that the prime witness against the defendant in this particular case has recanted his testimony. “What do we do as a court? Do we sit back and say, okay, you know, counsel didn’t do the job they should have done . . . so tough, Mr. Spaziano, we’re going to electrocute you because all of these things should have been done before.” Kogan also noted that Spaziano had no luck with clemency. “The fact of the matter is, the governor has already investigated this. The governor has a report that the governor refuses to release to anybody . . .” Kogan said. The Supreme Court can act at any time on Mello’s motions. [end of the second column] [Under image at center of page] Michael Mello told the Supreme Court his client is innocent of murder. 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. Spencer, 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 Spaziano's attorney asks court to halt execution Description An account of the resource Joe Spaziano's attorney, Michael Mello, appeals the Florida Supreme Court to halt the execution. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Language A language of the resource English Creator An entity primarily responsible for making the resource Rado, Diane 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. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, Florida Subject The topic of the resource Spaziano, Joe Capital punishment Source A related resource from which the described resource is derived Rado, Diane. “Spaziano's attorney asks court to halt execution.” September 8, 1995. Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-08 Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI capital punishment death penalty Joe Spaziano https://hist299.umwhistory.org/files/original/0c7745f1b36406e41441ac9aef9131c0.jpg adf345c2c338b4d76b74efe90903a218 https://hist299.umwhistory.org/files/original/1f9c2d0044559bc97d6a134564364629.jpg 3aff514163449f12014babed2d969283 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 4 Text Text Any textual data included in the document [start of page one] [header] Despite the lack of paperwork, some justices seem to favor caution in the case, but has been under various appeals for the last 20 years and which the state wants to conclude. [title] Court Faces a Quandary on Spaziano [start of the first column] TALLAHASSEE – Florida’s Supreme Court appears torn over the plight of Joseph ”Crazy Joe” Spaziano, facing execution in 13 days for murder he claims he didn't commit. It's clear from a heated debate at the court Thursday that justices are torn over a lack of proper paperwork and last-minute pleadings in the case. They are torn to buy the news that the central figure in Spaziano’s 1976 [end of the first column] [start of the second] [image]Spaziano [start of the second column] conviction for the killing of 18 year old Laura Harberts says he lied when he tied Spaziano to the murder. Despite the lack of paperwork, some justices seem to favor caution and the case, which has been under various appeals for the last 20 years and which the state wants to conclude. “Remember, the U.S. Supreme Court has said death is different,” Justice Gerald Cogan said Thursday. Incredulously, Cogan ass Estates prosecutor: ”It's up to us? As a court? 'To say, ‘We're sorry, Mr. Spaziano, you cannot get any relief fromus, despite the fact that there may be evidence out there that you should get a new trial? It's tough, Mr. Spaziano, we're going to electrocute you because of all the stuff should have been done before?'“ It's unknown when, or how the court will rule on Spaziano’s plea to [end of the second column] [start of the third column] postpone an execution scheduled for Sept. 21 at Florida State Prison near Starke. This is Spaziano’s fifth appointment with electric chair since 1985. Witness Recants Spaziano’s lawyer, working without pay and without benefit of hiring investigators, is asking for time and money. He wants to show that he witnessed Tony DiLisio was lying in 1975 when he testified that Spa- [end of third column] [start of the second page] [Image with caption] In court: Chief Justice Stephen Grimes, left, and Justice Leander Shaw Jr. have conference. [start of the fourth column]  ziano, a member of The Outlaws motorcycle gang, let him to a wooded site and showed him the body of Harberts and another unidentified woman. This year, DiLisio told the herald that he invented the tail and lied on the stand. Spaziano never showed him anybody's, says DiLisio. The Florida Department of Law Enforcement, and an inquiry prompted by DiLisio's recantation, concluded that DiLisio told his original story to so many people at the time that he was voicing the truth and lying today. On the strength of this report, which has not been made public, Governor Lawton Chiles ordered Spaziano’s execution. The Supreme Court, particularly senior Justice bin Overton and Justice Harry Lee Anstead, expressed concern that Spaziano’s attorney, Michael Mello, had it included an affidavit from DiLisio that he has recanted his testimony. DiLisio said Thursday that he's ready to sign an affidavit. ”We can put it on the fax machine to them right now if they want,” he said. ”What's the big deal?” DiLisio's attorney, Kelly McGraw, said Mello ask for the affidavit earlier this summer. ”He [end of the fourth column] [start of the fifth column] [image] Associated Press [caption] Appeal for time; Michael Mello. attorney for Joseph Spaziano makes his case. [text resumes] asked me to do it, we meant to do it, we just didn't get around to it,” she said.”We have no problem in doing one.” ‘Out of Claims’ Margene Roper, Assistant Attorney General, argued that Spaziano faced his last legal chance in the governor's examination of the case. ”For the past 20 years Joseph Spaziano has had fly-specking [end of the fifth column] [start of the sixth column]  review from all the courts,” she said.”Mr Spaziano is out of claims.” Justice Overton counted the times the court has reviewed Spaziano's death sentence - eight - and complained that Mello didn't come in January after the U.S. Supreme Court refused to review it an execution appeared imminent. Overton added angrily:”you have not filed in this record anything that says, quotation I swear quotation. . . An oath by DiLisio.” Mello said he lives in Vermont, and that DiLisio in Pensacola, and that DiLisio is ”difficult to deal with." “If I messed up and not filing. . . In January, please don't take that out on my client,” Mello said. Justice Leander Shaw sounded sympathetic toward Mello’s argument. ”He is out of resources,” Shaw said of Spaziano, ”he has no investigator.” Imagine this were you, days away from death, shot told the prosecutor :”why shouldn't he be given a continuance, to see if he can get an investigator for one thing? “I'll grant you,” Kogan agreed that Spaziano’s appeal should already have been filed. ”But we are to tell him that, with all that information out there, we're going to let your execution procedure becaU.S.e the attorney didn't file the right motion?” Herald staff writer Lori Rozsa 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. Williams, Megan Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Court faces a quandary on Spaziano Subject The topic of the resource Capital punishment Spaziano, Joseph Description An account of the resource The Florida Supreme Court appeals torn over Joseph Spaziano's appeal to prevent his execution for a murder he claims he did not commit. Creator An entity primarily responsible for making the resource Silva, Mark Source A related resource from which the described resource is derived The Hearald 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 1995-09-08 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 300 dpi 2 JPGs 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/e5aaa56964a24ee4c657192bcb37aac5.jpg dabcc563148ac53e6e1c049b4a2a298a https://hist299.umwhistory.org/files/original/2952d4f5cd491d3281d02dd1316d0299.jpg 7b025e2bf814cdf5c10de13c78263cec 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 4 Text Text Any textual data included in the document <div>[start of page 1]</div> <div>[header] </div> <div>Florida Supreme Court </div> <div>Court hears Spaziano's death appeal</div> <div></div> <div>[subheading] </div> <div>An attorney for convicted murder Joseph Spaziano says his client deserves a chance to prove his innocence.</div> <div></div> <div>[start of the first column]</div> <div>An attorney for Joseph “Crazy Joe” Spaziano asked the state Supreme Court for a chance to prove his client is not guilty of the murder that is sending him to the electric chair in two weeks. </div> <div></div> <div>A lawyer for the state, however, urged the justices not to stay on Spaziano’s execution on “mere speculation.”</div> <div></div> <div>After hearing oral arguments Thursday, Florida’s high court will make a decision at its own discretion; Spaziano, 49, is scheduled to be executed Sept. 21 for the murder and mutilation of an Orlando woman 22 years ago. </div> <div></div> <div>During the hour-long hearing, justices and lawyers had exchanges about testimony at a trial held nearly 20 years ago, about judicial procedure, about the role of the state’s high court in reviewing capital cases. </div> <div></div> <div>“The proceeding before us has taken a rather free form,” Justice Harry Lee Anstead told Spaziano attorney Michael Mello. “This is the way you have approached this case before the court and it’s obviously causing us considerable difficulty.” </div> <div></div> <div>Mello, a Vermont law professor, has filed hundreds of pages of pleadings before Florida’s high court, but he began his presenta-</div> <div>[end of the first column]</div> <div></div> <div>[start of the second column] [image]</div> <div>[Capition] Spaziano </div> <div>He is scheduled to be executed Sept. 21 for the murder and mutilation of an Orlando woman 22 years </div> <div>[text resumes]</div> <div>tion by telling justices that all the issues were secondary because his client did not kill Laura Harberts. The 18-year-old hospital clerk’s body was found in an Altamonte Springs dump in August 1973. </div> <div> “I believe that if I had an opportunity to prove Mr. Spaziano’s innocence before a jury, he would be acquitted,” Mello said. “All I’m asking for… is a star of execution and the provision of resources.”</div> <div></div> <div>Witness’s recantation not enough for Chiles</div> <div> Anthony Dilisio, a key prosecution witness in Spaziano’s trial, recanted his testimony earlier this year, prompting Gov. Lawton Chiles to suspend Spaziano’s fourth death warrant. </div> <div> However, after an investigation by the Florida Department of Law Enforcement into the recent comments by Dilisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. </div> <div> Mello questioned the reliability of the FDLE investigation, which the governor has refused to release, as “supersecret information that supposedly reliable witnesses supposedly told FDLE that supposedly correctly reported to the governor.” [end of the second column] [start of the third column] <div>[image] Mark Foley/ The Assoicated Press </div> <div>[Capition] "I believe that if I had an opportunity to prove Mr. Spaziano's innocence before a jury, he would be acquitted," attorney Michael Mello said. </div> [text resumes] </div> <div> But Instead questioned the strength of Mello’s appeal before Florida’s high court. </div> <div> If Mello had filed the proper motion in trial court, he would have been required to meet two tests, Instead said. The first test is whether the recanted testimony was substantial enough to undercut Spaziano’s conviction; the second is whether the issue should have been raised earlier. </div> <div> Instead asked Mello if he could have jumped through “those two ordinary hoops.” </div> <div> “I can’t imagine new evidence more substantial than a disavowal of the critical testimony by the wit- [end of the third column] [start of second page] [start of the fourth column] ness,” Mello answered. </div> <div> Justice Ben Overton then interrupted the attorney, asking why he had not presented an affidavit from Dilisio recanting his testimony. </div> <div> “You have not filed in this record anything that says ‘I swear’, an oath by Dilisio,” Overton said. </div> <div> Justice Gerald Kogan did most of the questioning of Margene Roper, an assistant attorney general who presented the state’s case. </div> <div> Roper began by arguing that Spaziano had exhausted all his legal claims and was turning to Florida’s high court with issues that properly belonged before a trial court or the governor and Cabinet, sitting as the Clemency Board. </div> <div> </div> <div>Attorney: Spaziano shouldn’t die over procedural matters </div> <div> Kogan asks how the justices, regardless of the procedural problems, could ignore the issue of Dilisio’s recantation. </div> <div> “Apparently there is an allegation out there- and a strong one that the prime witness against the defendant in this particular case has recanted his testimony,” Kogan said. </div> <div> “Do we sit back and say ‘OK… It’s tough, Mr. Spaziano, we’re going to electrocute you because all these things should have been done before’?” Kogan asked. </div> <div> Roper replied the case should be seen by another court, disputed that Division had recanted his trial testimony in the FDLE interview and argued he hadn’t recanted his sworn testimony in pre-trial depositions. </div> <div> “It takes more than speculation after 20 years of litigation and fly-specking review by court upon court to stay an execution,” she said. [end of the fourth] [end article]</div> Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Court hears Spaziano's death appeal Subject The topic of the resource capital punishment Creator An entity primarily responsible for making the resource Hallifax, Jackie Source A related resource from which the described resource is derived Tallahasse Democrat 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 Description An account of the resource Michael Mello, Joseph Spaziano's attorney believes Spaziano deserves a chance to prove his innocence. Format The file format, physical medium, or dimensions of the resource 300 dpi 2 JPGs https://hist299.umwhistory.org/files/original/382ba8c59dd7b6b9e9e27e4251ff1c3e.jpg da96640e34aa758d57820e080d617a4e https://hist299.umwhistory.org/files/original/725139e9fa6f840e079ee0a225f7fbd6.jpg 8526a7ffb27c92a62a20302374178097 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 4 Text Text Any textual data included in the document [start of the first page] [header] High court considers Spaziano [sub-header] ‘Free form’ appeal requests new trial By Michael Griffin TALLAHASSEE BUREAU CHIEF [start of the first column] TALLAHASSEE—A lawyer for Joseph “Crazy Joe” Spaziano took his client’s claim of innocence to the Florida Supreme Court on Thursday in perhaps the last appeal for the biker convicted of killing an Orlando woman. The court did not rule immediately but is expected to act soon—Spaziano, 49, is scheduled to die in the electric chair on Sept. 21. In unusual oral arguments for what Justice Harry Lee Anstead described as a “free form” appeal, Spaziano’s attorney asked the court to order a new trial since a key witness in the 1976 trial has changed his story. “Mr. Spaziano is innocent, he’s actually innocent and I want to be very clear on that,” Vermont law professor Michael Mello told the seven justices. “If I had the opportunity to prove Mr. Spaziano’s innocence before a jury, he would be acquitted.” Assistant Attorney General Margene Roper argued that Spaziano had his chances during 19 years of appeals, including four treks to the state Supreme Court, two appearances before the U.S. Supreme Court and two requests for clemency from the governor. Gov. Lawton Chiles rejected the second clemency bid two weeks ago and signed Spaziano’s fifth death warrant. “He is out of claims and clemency is the proper proceeding,” Roper said. “He went that route and quarrels with the result so now he comes here.” Both attorneys came under sharp challenges by justices. Anstead told Mello that his appeal does not specifically argue any discernible point of law and that it did not address two basic criteria: Is the new evidence he is presenting compelling enough to alter the original verdict, and why the new evidence was not brought forth sooner? Justice Ben Overton asked Mello why his 1,500-page appeal, which includes newspaper clippings and folk song lyrics, did not include a written statement from Anthony DiLisio, who now denies that Spaziano showed him the body of 18-year-old Laura Harberts at an Altamonte Springs dump in 1973. [end of the first column] [end of the first page] Please see Spaniazo, D-4 [end page one] [start page two] [header] Lawyer may appeal again to U.S. court SPAZIANO from D-1 [start of the second column] “You have not filed a statement from DiLisio that his testimony is false,” Overton said. “You have not filed anything in this record that says ‘I swear,’ an oath by DiLisio.” Mello said DiLisio had refused to sign such an affidavit and “he is difficult to deal with.” Mello later told reporters that DiLisio “doesn’t like to sign things” and was afraid he could be charged with perjury if he signed an affidavit. But Kelli McGraw, DiLisio’s attorney in Pensacola, said her client always has been willing to sign an affidavit and offered it to Mello months ago. She said he never got back to her. “We’re scrambling to get Tony now,” McGraw said Thursday. “He swears what he says now is true and he’s willing to sign a sworn, notarized affidavit.” Justices Gerald Kogan and Leander Shaw expressed concern over Mello’s claim that he lacks money to hire investigators for Spaziano’s defense. “There is an allegation out there [end of the second column] [start of the third column] and it is a strong one,” Kogan said. What is Mr. Spaziano to do?” Mello told reporters after the hearing he would probably not appeal the case anywhere else but to the U.S. Supreme Court because he [end of the third column] [start of the fourth column] thinks he would lose at appellate levels. “I came in here thinking there was a 1 percent chance for a stay,” Mello said. “Now I think it’s 2 percent.” [end of the fourth column] [Photograph by Associated Press; photo caption]: Attorney Michael Mello maintains Joseph Spaziano’s innocence before the Supreme Court. Spaziano is scheduled to be executed in 2 weeks. [end of article] 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. Shiflett, Maddie 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 High court considers Spaziano Subject The topic of the resource Capital punishment.--United States.--History. Spaziano, Joe. Lawyer.--Mello, Michael. Description An account of the resource Michael Mello, lawyer for Joseph Spaziano, claimed that Spaziano was innocent at the Florida Supreme Court after a witness from a previous trial in 1976 changed his story. Those in disagreement with Mello’s claim questioned why the information never came out before. The witness had not yet filed an official statement acknowledging that he changed his story. Mello argued that the witness refused to do so. Mello planned to go to the Supreme Court with the case because he had no confidence in his chances at the appellate level. Creator An entity primarily responsible for making the resource Griffin, Michael Source A related resource from which the described resource is derived Griffin, Michael. "High Court Considers Spaziano." Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL capital punishment Florida death penalty Florida Supreme Court Joe Spaziano lawyer Michael Mello trial witness https://hist299.umwhistory.org/files/original/f8a2b0cd7fa77fd4569a3b134f422752.jpg d6386fb8cac87487defb43e39c4c9f9b 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 4 Text Text Any textual data included in the document [Title] Spaziano awaits decision [Author] The Associated Press [Begin article] Tallahassee--An attorney for Joseph "Crazy Joe" Spaziano asked the state supreme court for a chance to prove his client is innocent of the murder sending him to the electric chair in two weeks. A lawyer for the state, however, urged the justices not to stay Spaziano's execution on "mere speculation." After hearing oral arguments Thursday, Florida's high court will make a decision at its own discretion; Spaziano, 49, is scheduled to be executed Sept, 21 for the murder-mutilation of an Orlando woman 22 years ago. During the hour-long hearing, justices and lawyers had exchanges about testimony at a trial held nearly 20 years ago, about judicial procedure, about the role of the state's high court in reviewing capital cases. "The proceeding before us has taken a rather free form," Justice Harry Lee Anstead told Spaziano attorney Michael Mello. "This is the way you have approached this case before the court, and it's obviously causing us considerable difficulty." Mello, a Vermont law professor, has filed hundreds of pages of pleadings before Florida's high court, but he began his presentation by telling justices that all the issues were secondary because his client did not kill Laura Lynn Harberts. The 18-year-old hospital clerk's body was found in an Altamonte Springs dump in August 1973. "I believe that if I had an opportunity to prove Mr. Spaziano's innocence before a jury, he would be acquitted," Mello said. "All I'm asking for...is a stay of execution and the provision of resources." Anthony Dilisio, a key prosecution witness in Spaziano's trial, recanted his testimony earlier this year, prompting Gov. Lawton Chiles to suspend Spaziano's fourth death warrant. However, after an investigation by the Florida Department of Law Enforcement into the recent comments by Dilisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. Mello questioned the reliability of the FDLE investigation, which the governor has refused to release, as "supersecret [sic] information that supposedly reliable witnesses supposedly told FDLE that supposedly correctly reported to the governor." But Anstead questioned the strength of Mello's appeal before Florida's high court. "I can't imagine new evidence more substantial than a disavowal of the critical testimony by the witness," Mello answered. If Mello had filed the proper motion in trial court, he would have been required to meet two tests, Anstead said. The first test is whether the recanted testimony was substantial enough to undercut Spaziano's conviction; the second is whether the issue should have been raised earlier. Anstead asked Mello if he could have jumped through "those two ordinary hoops." Justice Ben Overton then interrupted the attorney, asking why he had not presented an affidavit from Dilisio recanting his testimony. [end article] [image by photographer Smith, Dede; Spaziano talks about his scheduled execution at Florida State Prison] 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. O'Neill, Christopher 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 awaits decision Subject The topic of the resource Capital punishment Spaziano, Joe Description An account of the resource Convicted murderer, Joseph "Crazy Joe" Spaziano awaits decision from Florida Supreme Court regarding his request for a stay of execution. Spaziano is due to be sent to the electric chair in two weeks. His attorney, Michael Mello, argues that Spaziano is innocent, citing faulty testimony from Florida Department of Law Enforcement. Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Associated Press. "Spaziano Awaits Decision," The Gainesville Sun, September 8, 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 1995-09-08 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 Tallahassee, Florida capital punishment Florida Supreme Court Joe Spaziano https://hist299.umwhistory.org/files/original/b89ae1c1f1a3e2ba7487c943d91c6d0b.jpg 73a6f7c5fcda20c6fd64c63f0abd0d22 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 4 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. DiBenedetto, Ashleigh Text Any textual data included in the document [header] The Times-Union, Jacksonville, Friday, September 8, 1995 [heading] Florida Report Arguments heard in death appeal By Jackie Hallifax Associated Press [start of column 1] Tallahassee— An attorney for Joseph “Crazy Joe” Spaziano asked the state Supreme Court for a chance to prove his client is innocent of the murder sending him to the electric chair in two weeks. A lawyer for the state, however, urged the justices not to stay Spaziano’s execution on “mere speculation.” After hearing oral arguments yesterday, Florida’s high court will make a decision at its own discretion. Spaziano, 49, is scheduled to be executed Sept. 21 for the murder-mutilation of an Orlando woman 22 years ago. During the hourlong hearing, justices and lawyers had exchanges about testimony at a trial held nearly 20 years ago, about judicial procedure, about the role of the state’s high court in reviewing capital cases. “The proceeding before us has taken a rather free form,” Justice Harry Lee Anstead told Spaziano attorney Michael [end of column one] [begin column two] Mello. “This is the way you have approached this case before the court and it’s obviously causing us considerable difficulty.” Mello, a Vermont law professor, has filed hundreds of pages of pleadings, before Florida’s high court, but he began his presentation by telling justices that all the issues were secondary because his client did not kill Laura Lynn Harberts. The 18-year-old hospital clerk’s body was found in an Altamonte Springs dump in August 1973. “I believe that if I had an opportunity to prove MR. Spaziano’s innocence before a jury, he would be acquitted,” Mello said. Anthony Dilisio, a key prosecution witness in Spaziano’s trial, recanted his testimony this year, prompting Gov. Lawton Chiles to suspend Spaziano’s fourth death warrant. However, after an investigation by the Florida Department of Law Enforcement into the recent comments by Dilisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. [end column two] 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 Arguments heard in death appeal 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 1995-09-08 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 Jacksonville, FL Creator An entity primarily responsible for making the resource Jackie Hallifax Subject The topic of the resource Capital Punishment Lawton, Chiles Description An account of the resource Death row inmate requests appeal in case two weeks before execution. Capital punishment. Chiles Lawson death penalty Michael A. Mello https://hist299.umwhistory.org/files/original/6985a724f97238a911fa57ad9e7c4b76.jpg 3bcd46f723fa9fc467834180ccd20b34 https://hist299.umwhistory.org/files/original/1b435125664c55a69b98bf4654552c15.jpg 67dae28006277af76f2b0a4f464a48a4 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 4 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. Scott, Christina Text Any textual data included in the document [first page] [photo caption: Joseph Spaziano] [heading] Spaziano case sent to Sanford for appeal [subheading] The state Supreme Court said a lower court should decide whether to stay his execution. By Michael Griffin and Jim Leusner Of the sentinel staff [start of the first column] TALLAHASSEE- The Florida Supreme Court refused Fri-day to halt the execution of Joseph ”Crazy Joe” Spaziano, but ordered a Sanford court to hear new evidence that a key witness in the 1976 murder trial lied. [end of first column] [beginning of 2 column] In a split decision, the justices determined the state’s high court had no reason to consider the appeal, since Spaziano’s at-torney was arguing his case in the wrong court. But they also agreed the issues raised could be compelling enough for a low-er court to grant a stay. All the justices agreed the matter should be heard this fri-day in Sanford. Three of the sev-en judges dissented in part, ar-going that Spaziano, 49, should get an immediate stay. The ruling sets up a scramble by lawyers to prepare for a hear-in just six days before Spa-ziano’s scheduled Sept. 21 ex-ecution for the 1973 mutilation and murder of Orlando hospital clerk Laura Lynn Harberts. Anthony Frank DiLisio, the witness who put Spaziano on death row with his testimony, likely will have to tell a judge and a prosecutor he lied and continued to lie for 20 years. Art Harberts, Laura Har- Please see SPAZIANO, A-11 [end of column 2] [beginning of column 3] [header] DiLisio now says he lied on purpose SPAZIANO from A-1 Berts’ father, said he will attend the hearing and expressed dismay that DiLisio “can’t or won’t get his story straight.” The last time he saw DiLisio was at the trial, when DiLisio, then 17, was the star witness. “Tony impressed me as a good kid,” Harberts said. “He apologized to us, you know, Laura’s family, for not coming forward sooner and sav-night us all the anguish.” A key factor in Friday’s ruling appears to be an affidavit filed by Spa-ziano attorney Michael Mello in which DiLisio swears for the first time that he lied at the trial. [end of column 3] [beginning of second page] [start of the first column] “I never, under any circum-stances, went to the dump sight [sic] with Joseph Spaziano,” the affidavit reads. “I went there in the company of law enforcement investigators.” It is the first statement DiLisio has made under oath since the trial, in which said Spaziano bragged about raping and killing women, then showed him the bodies of Har-Bert’s and an unidentified woman at a dump near Altamonte Springs. It is the latest version of the story DiLisio has given since he first told The Miami Herald in a June that his testimony was false. Shortly after that, DiLisio told Florida Department of Law Enforce-ment agents that he thought police drugged during hypnosis and planted the memories. The inter-view was videotaped, but FDLE spokesman Liz Hirst said Friday that DiLisio was not under oath when he made the statements. Later he told The Orlando Sentinel he remembered going to the dump with Spaziano but thought those memories were planted in his mind through hypnosis. DiLisio also said Seminole County sheriff’s de-tective George Abbgy, who has since died, had threatened to charge him with complicity in the crimes if he did not implicate Spaziano. And on Friday, in a column in The Miami Herald, DiLisio was quoted as saying: “It came from me. Nobody could program me to do anything I didn’t want to do. I wanted to do it. But it was false.” Those versions vary from sworn statements DiLisio gave two dec-ages ago. On May 13, 1975, detectives taped DiLisio recalling how Spaziano bragged about mutilating and kill-night women. The teen offered to be hypnotized to help him recall more. At the time, Floridians law allowed hypnosis-enhanced testimony. DiLisio was hypnotized May 15 and 16, 1975. During the second ses-Simon he described going to the dump with Spaziano and seeing and smelling the bodies. He said he had tried to forget it. [end of column 4] [beginning of column 5] Questioned by Spaziano’s lawyer and a prosecutor on Nov. 12, 1975, DiLisio said again that the biker he once idolized had taken him to the dump and displayed the bodies. During the January 1976 trial, DiLisio, again under oath, told ju-rots the same story, even after his life had been threatened by Spa-ziano’s associates from the Outlaws motorcycle gang. Former Assistant State Attorney Claude Van Hook, who prosecuted Spaziano, said he thinks DiLisio told the truth during the trial but is now recanting out of fear. Van Hook said DiLisio withstood tough questioning by Spaziano’s attorney, Ed Kirkland, and never wa-veered when facing Outlaws men-bears who attended the trial. Kirk-land called DiLisio a “great witness” for prosecutors. “This young man had the ring of truth,” Van Hook said. “He was afraid of Spaziano’s associates and still had the intestinal fortitude to get on the stand and tell the truth. Who would believe he lied?” Mello could not be reached for comment Friday. He refused to speak to The Orlando Sentinel. Gov. Lawton Chiles, who signed a fifth warrant for Spaziano after an FDLE investigation turned up wit-nesses to corroborate DiLisio’s origi-nal story, did not waver in the deci-sion Friday. Dexter Douglass, Chiles’ general counsel, said he thought Friday’s ruling was a good one. DiLisio’s sworn affidavit, he said, “means no more than any of his other sworn statements. Let’s see what happens when he’s challenged by a prosecutor and other witnesses get a change to testify.” [end of column 5] 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 case sent to Sanford for appeal Creator An entity primarily responsible for making the resource Griffin, Michael Leusner, Jim Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Orlando, FL Subject The topic of the resource Capital punishment Spaziano, Joe Description An account of the resource Joseph Spaziano gets denied a stay of execution. The Florida Supreme Court decides that the new evidence regard the fact that a key witness in the 1976 murder trial lied must be heard by a Sanford court. The lower court was believed to be the place in which Spaziano may receive his stay. The testimony of Anthony Frank DiLisio was what put Spaziano on death row. DiLisio was to appear in the Sanford court and admit to lying. Key in the trial will be an affidavit filed by Michael Mello in which DiLisio swears he lied. The issue of DiLisio’s lying has led to various stories from DiLisio. DiLisio admitted to believing that the testimony, he made in 1976, was implanted in his head through hypnosis. Source A related resource from which the described resource is derived The Orlando Sentinel capital punishment death penalty Joe Spaziano https://hist299.umwhistory.org/files/original/0b4898971e38d855868e0048caf115c7.jpg 3ec919b1a5f4681a5864444afc6a942c 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 4 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. Moore, Kyle Text Any textual data included in the document [heading] Spaziano hearing set, but stay rejected  State/Regional News The Associated Press [start of the first column] Tallahassee- The Florida Supreme Court refused Friday to stay the execution of Joseph "Crazy Joe" Spaziano but ordered a lower court to hold a hearing within a week into his claims of innocence. In an unsigned opinion, the justices all agreed a trial judge should consider the recent recantation of a key prosecution witness who said he lied during Spaziano's trial nearly 20 years ago. But the state's high court split 4-3 in its refusal to delay the execution. Spaziano, 49 is schudled to die in Florida's electric chair on Sept. 21 for the murder-mutilation of an 18-year-old Orlando woman in August 1973. "We decline at this time to grant a stay of execution, but allow the trial court an opportunity to  [end of the first column] [start of the second column] address this issue,' the majority said in a ruling that came just 26 hours after oral arguments. Chief Justice Stephen Grimes and Justice Ben Overton, Major Harding, and Charles Wells supported the majority ruling. The other three justices said they agreed a lower court should review the recanted testimony but argued against setting a deadline for the hearing. In a minority opinion supported by Justices Leander Shaw and Harry Lee Anstead, Justice Gerald Kogan said he believed Spaziano should be given an indefinite stay of execution. Spaziano is condemned for the murder of Laura Lynn Harberts, whose body was found in an Altamonte Springs dump. The key witness at Spazino's trial was Anthony DiLisio, who recanted his testimony earlier this year, prompting Gov. Lawton Chiles to suspend Spaziano's fourth death warrant. However, after an investigation by the Florida Department of Law Enforcement into the recent comments by DiLisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. Richard Martell, who oversees the state lawyers who defend death sentences, said he eas still studying the decision. Michael Mello, the Vermont law professor who represents Spaziano, did not respond to a request for reaction. [end of the article] 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 hearing set, but stay rejected Subject The topic of the resource Capital Punishment Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Palm Beach Post Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 09-09-1995 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. 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 The Florida Supreme Court refused to stay the execution of Joseph Spaziano but ordered a lower court to hold a hearing into his claim of innocence. Format The file format, physical medium, or dimensions of the resource 300 DPI 1 JPG