2 20 70 https://hist299.umwhistory.org/files/original/d0050e03fd91b3530287b15401e2e5aa.jpg 52677029bdafccec8fe5f73ef0356a2f 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 [Page header] B-2 ** The Times-Union, Jacksonville, Saturday, September 9, 1995 [End Page Header] [Article Title] Court denies stay for Spaziano By Jackie Hallifax Associated Press [End Article Title] [Column One] TALLAHASSEE -- The Florida Supreme Court refused yesterday 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 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. [End Column One] [Column Two] Spaziano, 49, is scheduled to die in Flordia's electric chair Spet. 21 for the August 1973 murder-mutilation of Laura Lynn Harberts, 18, of Orlando. Herberts body was found in an Altamonte Springs dump. The key witness at Spaziano'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 Flordia 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] [Column Three] Richard Martell, who oversees the state lawyers who defend death sentences, said he was still studying the decision. Micheal Mello, the Vermont law professor who represents Spaziano, did not respond to a request for reaction. Dexter Douglass, Chiles' general counsel, said a week should be sufficient for a lower court to hold a hearing. "There's plenty of time for this hearing," he said. "there's plenty of time for it to come back up to the Supreme Court." The trial court will decide if the recanted testimony is credible and substantial enough to probably change the verdict, according to the majority opinion. [End Column Three] 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. Shinkle, Timothy 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 denies stay for Spaziano Creator An entity primarily responsible for making the resource Jackie Hallifax Source A related resource from which the described resource is derived The Times-Union Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-09 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 This article reviews the Flordia Supreme Court's 4-3 split when deciding to stay Joseph Spaziano's death sentence after a key witness recanted their statement from twenty years ago. Subject The topic of the resource Capital Punishment Spaziano, Joseph Chiles, Lawton Herberts, Laura DiLisio, Anthony Florida. Supreme Court Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Jacksonville, FL https://hist299.umwhistory.org/files/original/7449439ff589fb11b700375b7bebfb7d.jpg 0107fe4aa6ab309c965d319317c5fd74 https://hist299.umwhistory.org/files/original/694a865edd391f2a2790ae2fc2b8ebc7.jpg b5bd0f118cea6cc6c245953db4fc787e 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 [first page] [Heading] Spaziano Case sent to Sanford for appeal [Subheading] The state Supreme Court said a lower court must decide whether he should get a stay. by Michael Griffin and Jim Leusner Of the Sentinel Staff [start of the first column] TALLAHASSEE – The Florida Supreme Court refused Friday 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. In a split decision, the justices determined the state’s high court had no reason to consider the appeal and that Spaziano’s attorney was arguing his case in the wrong court. But they also agreed the issues raised could be compelling enough for a lower court to grant a stay. All the justices agreed the matter should be heard this Friday in Sanford. Three of the seven judges dissented in part, arguing that Spaziano, 49, should get an immediate stay. The ruling sets up a scramble by lawyers to prepare for a hearing just six days before Spaziano’s scheduled execution for the 1973 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 that he lied then and continued to lie for Please see Spaziano, A-11 [end of the first column] [end of page one] [start of page two] [heading] DiLisio now says he lied on purpose Spaziano from A-1 [start of the first column] 20 years. Art Harberts, Laura Harberts’s [sic] father, said he will attend the hearing and expressed dismay Friday 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 ne as a good kid,” Harberts said. “He apologized to us, you know, Laura’s family, for not coming forward sooner and saving us all the anguish.” A key factor in Friday’s ruling appears to be an affidavit filed by attorney Michael ello in which DiLisio swears for the first he that he lied at the trial. “I never, under any circumstances, 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 he told jurors that Spaziano bragged about raping and killing women, then showed him the bodies of Harberts 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 June that his testimony was false. Shortly after that, DiLisio told Florida Department of Law Enforcement agents that he thought police drugged him during hypnosis and planted the memories. The interview was videotaped, but FDLE spokesman Liz Hirst said Friday that DiLisio was no under oath when he made the statements. [end of the first column] [start of the second column] Still later he told The Orlando Sentinel he remembered . . . the dump with Spaziano . . . thought those memories were planted in his mind through hypnosis. DiLisio also said Seminole County sheriff’s detective George Abbgy threatened to charge him with complicity in the cries if he did not implicate Spaziano. Then in a column in Friday’s Miami Herald, DiLisio was quoted as saying: “It came from me. No-body could program me to do anything I didn’t want to do. I wanted to do it. But it was false.” All those versions vary greatly from sworn statements DiLisio gave 20 years ago. On May 13, 1975, detectives taped DiLisio recalling how Spaziano bragged about mutilating women and offering to be hypnotized in the hopes it would help him remember. DiLisio was hypnotized May 15 and 16. During the second session he described going to the dump with Spaziano and seeing and smelling the bodies. 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 jurors the same story, even after his life had been threatened by Spaziano’s friends in the Outlaws motorcycle gang. Former Seminole County 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 grueling cross-examination by Spaziano’s attorney, Ed Kirkland, and did not waver when faced with Outlaws members sitting in court. Kirkland called DiLisio a “great witness.” [end of the second column] [start of the third column] “This young man had the ring 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, Spaziano’s attorney, could not be reached for comment Friday. He has refused to speak to The Orlando Sentinel. Gov. Lawton Chiles, who signed a fifth warrant for Spaziano after an FDLE investigation turned up witnesses to corroborate DiLisio’s original story, did not waver in that decision Friday. Dexter Douglass, Chiles general counsel, said he thought Friday’s ruling was a good one. He added that DiLisio’s sworn affidavit “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 chance to testify” [end of the third column] [end of article] 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. Stell, Nicole 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 The state Supreme Court said a lower court must decide whether he should get a stay Subject The topic of the resource Capital punishment Spaziano, Joe. Description An account of the resource Describes how Anthony DiLisio, a prime witness in the Spaziano case, recanted his original statement and how the Florida Supreme Court plans to handle it. Creator An entity primarily responsible for making the resource Griffin, Michael Leusner, Jim Source A related resource from which the described resource is derived Griffin, Michael and Jim Leusner "Spaziano Case sent to Sanford for Appeal", The Orlando Sentinel , September 9, 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 1995-10-09 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 Orlando, FL Language A language of the resource English appeals capital punishment Joseph Spaziano Michael Mello https://hist299.umwhistory.org/files/original/3b9de7a8663f966645224497cbab2b86.jpg f13cf575bca392ee33c12c35df8e37f3 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] State high court orders hearing for Spaziano [subheadin] In a 4-3 decision, Florida's Supreme Court denies a stay of execution for the inmate. The Associated Press [Start of 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 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 scheduled to die in Florida's electric chair Sept. 21 for the mutilation-murder 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 address this issue," the majority said in a ruling that came just 26 hours after oral arguments. Chief Justice Stephen Grimes and Justices 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 dead-line for the hearing. In a minority opinion supported by Justices Leander Shaw and See SPAZIANO on Page 2B [end of the first column] [Start of the second column] Section B SPAZIANO continued from page 1B 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 Spaziano'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 oversee the state lawyers who de-fend death sentences, said he was still studying the decision. Michael Mello, the Vermont law professor who represents Spaziano, did not respond to a request for reaction. Dexter Douglass, Chiles' general counsel, said a week should be sufficient for a lower court to hold a hearing. "There's plenty of time for this hearing," he said. "There's plenty of time for it to come back up to the Supreme Court." The trial court will decide if he recanted testimony is credible and substantial enough to probably change the verdict, according to the majority opinion. Kogan wrote for the minority that the majority was setting an unrealistic time frame to weigh the importance of DiLisio's recanted testimony. "Such a restrictionn is without precedent in our case law and tends to create an atmosphere of panic for resolution of an issue that requires calm and deliberate resolution," Kogan wrote. [end of the second column] [start of the third column] [Quote] Joseph Spaziano, 49, is scheduled to die in Florida's electric chair Sept. 21 for the mutiliation-murder of an 18-year-old Orlando woman in August 1973. [end Quote] "Indeed, this is an issue demanding the most careful of attention because its end result could be the state-sponsored taking of a man's life when his guilt has now been called into question." Kogan pointed out that a death sentence warrants ex-traordinary safeguards because of its finality. "I cannot see how this core policy is being served by an unseemly rush to execute a man despite a sworn affidavit by the state's chief witness that Mr. Spaziano was convicted on falsified evidence," Kogan wrote. DiLisio's recantation is just the latest troubling aspect of the Spaziano case, according to Kohan, who cited the use of hypnotically-enhanced testimony, something now banned, and the jury's recommendation for life. He called Spaziano's conviction a "textbook example how capital trials and postconviction reviews should not be conducted." Kogan said he believed the high court should grant an indefinite stay "if the governor does not stay or withdraw his warrant in light of our opinion today." Douglass said Chiles didn't plan on lifting the warrant, which is effective until noon Sept. 26. "He was satisfied that his duties required him to sign this death warrant," Douglass said. [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. Whitehurst, Ben 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 State high court orders hearing for Spaziano Subject The topic of the resource Capital Punishment Spaziano, Joe Florida Supreme Court Description An account of the resource The Florida Supreme Court refuses to stay the execution of Joseph Spaziano, but orders a lower court to hold hearing. In a 4-3 split, the minority opinion believed that Spaziano deserved an indefinite stay of execution. Creator An entity primarily responsible for making the resource The Gainesville Sun 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 1995-09-09 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 Tallahassee, FL Capital punishment. Dexter Douglass Florida Supreme Court hearing Joseph Spaziano Justice Gerald Kogan https://hist299.umwhistory.org/files/original/b0d61b976116f4f096ea1bcb0d1bc3ac.jpg 4057d8de327a0dace9423cdd34bd2f8a https://hist299.umwhistory.org/files/original/46ac0fe87f3cbe04311a7ed948745ebf.jpg f2c36f6c9d91c4aaa390f3283218d903 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 Text Any textual data included in the document [Heading] Spaziano lawyer: Hearing a ‘sham’ By John D. McKinnon Herald Legal Correspondent [subheading] Indefinite stay of execution demanded [Beginning of article] Tallahassee-Hours after scoring a victory in his legal fight to avoid the electric chair, “Crazy Joe” Spaziano on Saturday faced the possibility that his gains could be erased - by his own lawyer. Late Friday afternoon, the Florida Supreme Court granted Spaziano an evidentiary hearing on his claim that the state’s key witness lied at his murder trial 20 years ago. But just before midnight Friday, Spaziano’s outspoken defense attorney, Michael Mello, faxed a harshly worded response to the high court, demanding an indefinite stay of Spaziano’s scheduled execution and announcing that he would not participate in the evidentiary hearing, which he termed a “sham.” Mello complained that he won’t have the time or resources to prepare for the hearing, ordered to be held by Friday. Spaziano is scheduled to be executed Sept. 21. “If this court intends to kill this innocent man by depriving him of the effective assistance of counsel, then it will do so without my complicity,” Mello wrote. Mello is a law professor who lives in Vermont. He said in a telephone interview late Friday that it is “obviously impossible for me to be able to do any kind of meaningful hearing with an active death warrant pending.” Mello’s threatened boycott of next week’s hearing doesn’t necessarily leave Spaziano unrepresented. In its opinion, the Supreme Court also ordered the state law office that defends most Death Row inmates to help Mello. But there’s no guarantee that state lawyers will participate. Mello is doing everything he can to keep the state office, known as the Capital Collateral Representative, out of the case. Mello says CCR allowed an investigator to try to pressure the state’s key witness against Spaziano and that the agency is overworked and has failed to follow up on leads in the past. Mello, who once worked for CCR, does little to disguise his contempt for it. CCR lawyers have also expressed doubts about the feasibility of preparing adequately for the evidentiary hearing in less than a week. “Trying to put together this hearing in seven days is just not the way things should be done,” Martin J. McClain, CCR’s chief assistant, said Saturday. But McClain did not threaten to boycott the hearing. He declined to comment on Mello’s allegations about CCR misconduct. The Supreme Court implicitly rejected [end of page] [Top of page] Sunday, September 10, 1995, The Herald 7B [Article title] Spaziano lawyers: Hearing a ‘sham’ [Spaziano, from 6B] those allegations in Friday’s opinion. The big fear about the hearing for both Mello and McClain: that prosecutors will use controversial secret evidence during the hearing to rebut their claims on behalf of Spaziano. [subheading] Unveiling secret evidence [beginning of article text] The existence of the secret evidence came to light in August, when Gov. Lawton Chiles cited it to justify signing a fifth warrant for Spaziano’s execution. Chiles ordered the secret investigation after the state’s key witness, Anthony DiLisio, told a Herald reporter that his testimony at the trial was false. DiLisio testified at the trial in 1975 that Spaziano, an Outlaw biker gang leader, took him to a rural Orlando trash dump and showed him the body of a murdered 18-year-old woman, Laura Harberts. But the governor has steadfastly refused to make the report public, citing promises of anonymity made to the witness, as well as state laws that allow him to keep clemency matters secret. [subheading] Fear of an ambush [beginning of article text] Spaziano’s lawyers worry that they’ll be ambushed at the hearing by the secret evidence. It’s likely that Spaziano’s lawyers will go to court again to seek the report before next week’s hearing. Their fears appeared to be justified late Friday, when the governor’s chief lawyer said it’s possible that some of the witnesses who were interviewed for the secret report will testify at next week’s hearing. “That will be up to the state attorney’s office” in Seminole County, said Dexter Douglass, Chiles’ general counsel. How could local prosecutors find the witness if the governor promised them anonymity, as Chiles has said? “What we promised is what I think I’ve said all along - that we would not reveal their identity to the general public,” Douglass said. [subheading] Discrediting the key witness [beginning of article text] When asked again if the state would reveal the names of the witness to prosecutors, Douglass added that local prosecutors “could find the witnesses the same way we did.” The secret witnesses include several people who recall hearing DiLisio or Spaziano make statements that implicated Spaziano. Those witnesses probably couldn’t be used to convict Spaziano, because their testimony would be hearsay. But they could be used to discredit DiLisio’s recantation of his trial testimony and block Spaziano’s efforts to obtain a new trial. The state’s Supreme Court’s order for a hurry-up hearing on Spaziano’s claims runs counter to its recent decisions in other capital cases in which last-minute claims were raised. In several recent cases, the high court has ordered stays of execution so trial courts could hold full-blown evidentiary hearings. The difference in this case, apparently, was Mello’s failure to file his request in a trial court - the usual route for last-ditch claims. Instead, for reasons that remain unclear, Mello file directly in the state Supreme Court, a move that the high court determined “clearly not authorized.” [Photo caption] ‘If this court intends to kill this innocent man by depriving him of the effective assistance of counsel, then it will do so without my complicity.’ Michael Mello, Spaziano’s lawyer [End of article] Contributor of the Digital Item Person submitting the digital item to the collection. Wright, Devin 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 lawyer: Hearing a 'sham' Subject The topic of the resource Capital punishment. Description An account of the resource This newspaper article from "The Herald," in Tallahassee, FL describes Michael Mello's fight for a stay of execution for his client, "Crazy Joe" Spaziano. His fight was being challenged by the state's "secret evidence" that was to prove his guilt, after the key witness admitted to false testimony in the original trial 20 years before. Creator An entity primarily responsible for making the resource McKinnon, John D. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-10 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI 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 Crazy Joe Spaziano Michael Mello trial https://hist299.umwhistory.org/files/original/39e18287e3a59ef2b1ada0396ca76b65.jpg fba87ef31a2f45c77c4415522b0667c9 https://hist299.umwhistory.org/files/original/9c85efd4bd2db4e833388e0ba800d8a6.jpg 8c41f8bf4721933e0f44727b0fefc955 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's Lawyer Files New Requests But he said he won't attend Friday's hearing because he needs more time to prepare. By Rene Stutzman [Start of the first column] The attorney for condemned murder Joseph Spaziano on Sunday filed new requests for a stay of execution with the Florida Supreme Court, saying he needs more time and money to prepare for a hearing Friday in Sanford. And attorney Michael Mell of White River Junction, Vt., said stay or no stay, he would not attend Friday's hearing. The requests from Mello came just two days after the same court refused to grant the same requests. Instead, it ordered Spa- [end of the first column] [Start of the second column] ziano's defense to present new evidence of his innocence to a circuit judge in Sanford. The prosection's key witness in the case, Anthony Frank DiLisio, in June told investigators with the Florida Department of Law Enforcement that he lied to jurors at Spaziano's trial 19 years ago. At the trail, DiLisio testified that Spaziano took him to an Altamonte Springs dump and pointed out the body of Laura Lynn Harberts, who was slain in 1973, and another victim.  Spaziano is schduled to die Sept. 21 for murdering Harberts. Please see Spaziano, C-4 [End of the second column] [End of the first page] [start of the second page] [header] Attorney refuses help from defenders group [subheading] Mello said he could find no attorney willing to take over the case. Spaziano from C-1 [Start of the third column] His case gained notoriety this spring as Spaziano's earlier execution date approached. Mello writes several Florida newspapers, challenging the conviction and saying that DiLisiio had begun to waffle on his account. Gov. Lawton Chiles order the FDLE to investigate, but after its conclusion, Chiles signed Spaziano's fifth death warrant. Mello in Sunday ripped the Florida Supreme Court's Friday ruling. In a pair of motions filed with the court by fax, Mello wrote that he planned to appeal its decision to the US Supreme Court but needed a stay to give him time to complete the paperwork.  In a second motion, he argued the defense needs more time to prepare for Friday's hearing. "WHat the Florida Supreme Court did on Friday was not a victory," Mello said by phone from his home in Vermont. "What they have given us is the illusion of due process...while making it totally impossible for me to participate." Mello said Florida denied his request dor money, and he does not have the dinds to investigate or even travel to Florida for the hearing. He said he simply would not [end of the third column] [Start of the fourth column] make the trip.  "It's better that he not have an attorney at the hearing than he have the illusion of representation at that hearing," Mello said. Mello said he attempted but found no attorney willing to take over the case. However, in its ruling Friday, the state Supreme Court said the state's death-row equivalent of a public defender's office, Capital Collateral Representative, is capable and competent to represent Spaziano. It wrote that Mello should use its resource if he does not have his own. Mello said he would not let CCR take back the case, aaccusing it of botching an appeal earlier this year. Matin McClain, CCR's chief assistant said his agency thinks Spaziano is innocent and is prepared to take back the case, but Mello "has all the files, and he won't give them to us... I'm very distressed by the situation that Mr. Spaziano finds himself in. He's innocent man on death row, and we're supposed to be helping him, and we don't know what's going on." [Image and Caption] Joseph Spaziano talks about execution, scheduled for Sept. 21, during an interview last week at Florida State Prison in Starke. [end 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. 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 files new requests Creator An entity primarily responsible for making the resource Stutzman, Rene Source A related resource from which the described resource is derived The Orlando Sentinel Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-08-11 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Subject The topic of the resource Capital punishment Description An account of the resource Michael Mello files a new request in Joseph Spaziano's case. https://hist299.umwhistory.org/files/original/17c48e56a324068391151f0c889be03c.jpg 922bb9a29050657cbf1478dc99557551 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 Gainesville Sun, Tuesday, September 12, 1995 Lawyer for Death Row inmate seeks more time to make case The Associated Press [Start of the first column] Tallahassee – The lawyer for Joseph “Crazy Joe” Spaziano wants more time than a week to show why this client is innocent of the murder that has him scheduled for execution in two weeks. Michael Mello, a Vermont law professor representing the former Outlaws motorcycle gang member, said he filed a motion in a Central Florida trial court Monday asking for more time. Mello filed similar motions over the weekend to the state Supreme Court and plans to turn to the U.S. Supreme Court later this week. But whether or not the courts give him an extension, Mello said he will not attend a hearing set for Friday because of the rush. Spaziano, 49, is scheduled to die in Florida’s electric chair 7 a.m. Sept. 21 for the mutilation-murder of an 18-year-old Orlando woman in August 1973. Retired Circuit Judge Robert McGregor, the judge who sentenced Spaziano nearly 20 years, scheduled a hearing for 9 a.m. Friday in Sanford into Spaziano’s claims he was wrongly convicted because the key prosecution witness lied. [end of first column] [start of the second column] Late last week, the state Supreme Court ordered the lower court to hold the hearing by Friday. At the same time, the high court refused to postpone the scheduled execution. At the heart of Spaziano’s appeal is Anthony DiLisio, who told jurors in Spaziano’s trial that Spaziano had taken him to an Altamonte Springs dump where the body of Laura Lynn Harberts was found. Earlier this summer, DiLisio, who now lives in Pensacola, recanted his testimony, prompting Gov. Lawton Chiles to call off an execution scheduled for June and to order the Florida Department of Law Enforcement to investigate. Last month, Chiles said the results of the FDLE investigation settled any doubts, and he signed a fifth death warrant. Mello said if Friday’s hearing is not delayed and does not result in a stay of execution, he will file one final request for clemency to Chiles before the execution. Also Monday, the state office charged under the law with representing indigent death row inmates filed a motion to the state Supreme Court asking for a stay for Spaziano and clarification of its role. Mello said Spaziano has refused to allow the office to be involved, but the high court said Friday the state office was required to provide Mellow with assistance. [end] 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. Hunnel, Debi 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 Lawyer for death row inmate seeks more time to make case Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Subject The topic of the resource Capital punishment Clemency Description An account of the resource Mello files for stay of execution for Joseph Spaziano. Prosecution witness recants testimony. Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Gainesville Sun. "Lawyer for death row inmate seeks more time to make case." Gainesville Sun, September 12, 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 1995-09-12 Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Gainesville, FL Clemency stay of execution https://hist299.umwhistory.org/files/original/e5a85b542dff75fd371c38d315921dae.jpg eb8b09416a253624fced421fb4e3a982 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 may lack lawyer for hearing By MARK SILVA Capital Bureau Chief [start of the first column] Tallahassee – With the prospect of no law-yer appearing for Joseph “Crazy Joe” Spaziano at a last-chance hearing before his slated execution next week, an odd alliance of lawyers is pleading for a delay. Spaziano’s own lawyer, Michael Mellow, argues that he “cannot possibly render effective assistance” in the short time leading up to Friday’s hearing. The state’s public defenders for Death Row say they too are ill-prepared and that, in any event, they can’t step in so long as Spaziano has a lawyer. Although Mellow doesn’t want the state’s lawyers involved, the state’s Capital Collateral Representa-tive joined Mellow on Monday in asking the Florida Supreme Court to delay Spaziano’s execution. A hearing without adequate defense “could result in the most dire consequences, the execution of an innocent man who has only just discovered the evidence which will prove his innocence,” the CCR argued on Monday. A the same time, the possibility of no lawyer for Spaziano at Friday’s hearing “creates a huge problem,” says Martin McClain, the CCR’s chief assis-tant, “one that the Supreme Court has to address.” [end of the first column] [start of second column] The Supreme Court has ordered a hearing in the Seminole County court where Spaziano was con-victed in 1976 for the murder of Laura Lynn Har-berts. But, by 4-3, the court has refused to postpone the execution scheduled for Sept. 21. The hearing is solely to weigh a new develop-ment: Tony DiLisio, the key witness who tied Spa-ziano to the bodies of Harberts and another woman found at a wooded dump near Orlando, says Spaziano never showed him the bodies. It was the police, DiLisio now says, who led him there and coerced his testimony. Recantation alone isn’t enough to grant Spa-ziano a new trial. Prosecutors are likely to present evidence that DiLisio was telling the truth origi-nally, and lying today – the Florida Department of Law Enforcement’s position. But if the judge finds DiLisio’s story plausible, he could order a new trial. Retired Seminole Circuit Judge Robert McGre-gor, who presided over the original trial, is returning to handle Friday’s hearing in Sanford. [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. McCrumb, Allison 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 may lack lawyer for hearing Description An account of the resource Spaziano's lawyer, Michael Mellow, is worried that he will not be prepared to make a convincing argument on behalf of his client because new evidence has come to light. Creator An entity primarily responsible for making the resource Silva, Mark Source A related resource from which the described resource is derived Silva, Mark. 1995. “Spaziano May Lack Lawyer for Hearing.” Florida The Herald, September 12, 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 - 12 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 https://hist299.umwhistory.org/files/original/8154b8cb1cc3d8aee0c2809d0b0ffd88.jpg 2d796725c4c18e27d8d5bf734b5f8ca0 https://hist299.umwhistory.org/files/original/b7ed72a36546f9a0250a12f14350179f.jpg 9457806e511c2fe63bb4f4a2fa155296 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 [Page one] [Heading] Around Florida Lawyer backs out of condemned man’s hearing [Subheading, page one] The move leaves Joseph Spaziano unrepresented only nine days before his scheduled execution. [Caption on left picture] Joseph Spaziano’s scheduled execution for the 1973 murder of an Orlando hospital clerk is only nine days away. [Column one] By Diane Rado Times Staff Writer [Beginning of column one] TALLAHASSEE- With death in the electric chair nine days away, Joseph “Crazy Joe” Spaziano is caught in a bizarre fight over who will represent him. He may have no attorney at all for a crucial hearing on his case at the end of the week. Michael Mello, the Vermont law professor who has represented Spaziano this summer, refuses to attend the hearing, calling it “a sham.” He says he’ll file a Bar complaint against state lawyers if they try to intervene in the case. On Monday, Spaziano turned away the lawyers who tried to visit him from the office of Capital Collateral Representative, [End of column one] [Beginning of column two] the state agency that defend death row inmates. “He refused to meet with them,” said Mello. “Then they called him on the phone and tried to cajole him into letting him meet with them and into letting them represent him. He said go away.” Michael Minerva, the head of CCR, said he wouldn’t comment Monday on any “attorney-client communications.” The attorney general’s office, representing the state’s interest in a death warrant against Spaziano, described the situation at typical as the clock ticks toward execution. “This is just the predictable stall,” said Deputy Attorney General Pete Antonacci. “We see it before every execution.” In the past, the Florida Supreme Court has halted an execution when a death row inmate was left without an attorney to adequately represent him. But both Mello and CCR said they are not trying to create that situation. “If they (state prosecutors) believe that, they’re stupid,” said Mello. [End of column two] [Beginning of column three] In an affidavit filed Monday with the Supreme Court, Minerva wrote: “I must also address the distasteful suspicion that I or others at CCR in any way conspired with Mr. Mello or anyone else to precipitate a crisis in counsel for Mr. Spaziano in these proceedings. We did not.” Court documents filed over the weekend indicate friction between CCR and Mello, who previously worked for CCR and represented Spaziano before moving from Florida in 1987: Mello refuses to give CCR any of these boxes of files on the Spaziano case; Mello even filed a letter with the Supreme Court from Spaziano’s mother, Rose. “My children and I are united in wanting you to represent my son Joe in his attorney,” she wrote. “We do not want the CCR to represent him.” CCR acknowledges that it turned down an earlier request from Mello to help on the Spaziano case. “I was reasonably sure we would not agree on how to represent Mr. Spaziano,” Minerva wrote. “Mr. Mello was [End of column three] [End of page one] [Beginning of page two] [Beginning of column four] suspicious and distrustful of CCR. We would not be able to cooperate in a way that co-counsel should and I feel that our disagreeing would not be in Mr. Spaziano’s best interest.’ Mello said in an interview Monday that he doesn’t feel CCR has adequately investigated Spaziano’s claims of innocence in the past and continues to have a conflict of interest in the case. He says CCR investigators tried to threaten and intimidate Anthony DiLisio, the witness who has recanted key testimony against Spaziano. CCR has denied allegations. Both sides agree on one thing; Neither has time to adequately prepare for a hearing on the recanted testimony that is to be held Friday in Seminole County, where Spaziano was convicted and sentenced to death for the 1973 murder of Orlando hospital clerk Laura Lynn Harberts. Both CCR and Mello have asked the Supreme Court to stay Spaziano’s execution. [End of column four] [Caption on right picture] Michael Mello, Joseph Spaziano’s attorney, has said he won’t attend a crucial hearing on the case at the end of the week. [End of page two] 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. Andrewlevich, Erin 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 Lawyer backs out of condemned man's hearing Subject The topic of the resource Spaziano, Joe. Capital punishment. Description An account of the resource Joseph "Crazy Joe" Spaziano is left without representation in the upcoming trial against him. In his appeal to a death sentence, his lawyer, Michael Mello, stepped down in protest of this trial, arguing that is it a sham. 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 1995-09-12 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Capital punishment. Joseph Spaziano Michael Mello https://hist299.umwhistory.org/files/original/2ec0d8d66ae9c84dd0e5b8f4baaf6009.jpg 6881f289078ddc30345de42ed45cb6df https://hist299.umwhistory.org/files/original/96c3c5d8eafa567f2d08e6aa65d1f7c1.jpg 4f12b7d0179c7df0e2a0b378bd7f82f2 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 [First Page] [heading] 'Crazy Joe' is granted a reprieve Death Row inmate to get new hearing By Lori Rozsa Herald Staff Writer [Start of the first column] The Florida Supreme Court issued an indefinite stay for condemned biker "Crazy Joe" Spaziano Tuesday --- nine days before his scheduled execution. Spaziano, who turned 50 on Tuesday, was visiting with his mother and sister on Death row when the news came in. He had already shaved his head in preparation for his death date with the electric chair a week from Thursday. "His overriding emotion was relief," said his attorney, Mike Mello, a volatile Vermont law professor. "But I think it's more the absence of terror and fear than the presence of anything like joy." The Supreme Court justices set a Nov. 15 deadline for a hearing on new evidence in the 20-year-old murder case. Tony DiLisio, the state's star witness in the 1976 murder trial, recanted his testimony this summer, saying he lied when he testified Crazy Joe showed him the body of Laura Lynn Harberts at an Altamonte Springs dump in 1973. Harberts was a a hospital records clerk. DiLisio, then 16, was the only witness to link Spaziano to the crime. The justices also kicked Mello off the case, citing his "flagrant disregard of this Court's procedures and directions." The court ordered the state office that represents indigent Death Row inmates, called Capital Collateral Representative, to represent Spaziano --- adding that volunteer help from a pri- [end of the first column] [Start of the second column] [Image with caption] DEATH ROW: Joseph Spaziano was to be executed Sept 21. [End Image Caption] vate law firm would also be welcome. A dispute between Mello and the CCR, as it's known, is at the heart of Tuesday's stay of execution. The decision comes four days after the justices refused to issue a stay, and ordered the evidentiary hearing to take place Friday. Last week the court ordered Mello to work with the CCR, which has represented Spaziano in the past. But Mello refused. After a flurry of motions where both criticized each other, the justices said it was obvious Spaziano [End page one] [Beginning of page two] [Heading] 'Crazy Joe' Spaziano wins indefinite stay of execution Top state court agrees to hear new evidence Spaziano, from 1A [start of the third column] needed more than a few days to sort out who is representing him. "We envisioned a spirit of cooperation between CCR and Mello that would guarantee the best representation for Spaziano," the justices said in Tuesday's opinion. "Unfortunately, the events of this past weekend make it clear that such cooperation does not exist." Catching up Marty McClain chief assistant at CCR, said his office has a lot of work to do on the case. They represented Spaziano until June. He said their first priority is to get a copy of a secret report on DiLisio that was prepared by the Florida Department of Law Enforcement at the request of Gov. Lawton Chiles. CCR investigators were questioned by the FDLE, and they told the agency about their unsuccessful attempts to get a statement from DiLisio. It is because of that cooperation with the FDLE that Mello said the CCR should not be permitted to represent Spaziano. Chiles stayed Spaziano's last execution date after DiLisio told The Herald that what he said in the murder trial and in a rape trial wasn't true. But after reading the FDLE report, Chiles issued another [end of the third column] [start of the fourth column] [Above image by Associated Press. Caption] KICKED OFF CASE: Mike Mello, a Vermont law professor. death warrant, saying he was convinced DiLisio is lying now, and was telling the truth at the trials. Chiles has refused to release that report, citing the need to protect witnesses who were guaranteed anonymity by the FDLE. "Obviously, this report contains statements of witnesses with material information," McClain said. "We need to know what that is. If the the information indicates Mr. Spaziano is innocent, we're entitled to that. If it's adverse to Mr. Spaziano, we need to know if that person is to be believed." Chiles blasts lawyer Just as the Supreme Court was issuing its decision Tuesdays afternoon, Chiles was holding a [end of the fourth column] [start of the fifth column] [Quote text box above from Mello] 'His overriding emotion was relief. But I think it's more the absence of terror and fear than the presence of anything like joy.' Mike Mello, Joseph Spaziano's attorney. [end quote box]. press conference across the street. He strongly criticized Mello. "I don't think he's serving his client," Chiles said. "I don;t think he's serving justice in general with what he's doing." But Mello said he accomplished what he set out to do---earn a stay and more time to investigate the new twists in the case. And he said he will not leave the case, though he acknowledges he needs help. "My top priority right now is to get a major Florida law firm willing to sign on as a pro bono counsel," Mello said. "We need to get that secret FDLE report. And we need to track down every piece of paper in all of the cases they've tried to pin on Joe." Ron Sachs, spokesman for Chiles, said the Supreme Court's stay doesn't change the governor's mind about Spaziano's guilt. "He remains convinced, waveringly so, about this case," Sachs said. Herald Staff Writer Mark Silva Contributed to this report. [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. Hampton, Samantha 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' is granted a reprieve Subject The topic of the resource Spaziano, Joe Death row--United States Chiles, Lawton, 1930-1998 Description An account of the resource Joe Spaziano is granted a new hearing on his murder trial. Nine days before his execution date, the Florida Supreme Court has decided to hold Spaziano indefinitely to allow new evidence to be shown. Mello is kicked off the Spaziano case due Mello having issues following the court procedures and directions. The only witness to the murder trial, Tony DiLisio, has retracted his testimony linking Spaziano to the murder. Creator An entity primarily responsible for making the resource Rozsa, Lori Source A related resource from which the described resource is derived Rozsa, Lori. The Miami Herald Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-13 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 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 Miami, FL Lawton Chiles https://hist299.umwhistory.org/files/original/956648f30f61603a0433c7940b4277c8.jpg e5b443e0c79f3e44b3c6ae326f3fc767 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] Less 'panic for Spaziano [subheader] DEATH CLOCK ON HOLD Without the pressure of an impending execution, courts may find the truth. [Start of the first column] The Florida Supreme Court yesterday found itself all but forced into a decision that it should have made willingly last week. When the court on Friday ordered a hearing into new evidence in the murder case against Joseph “Crazy Joe” Spaziano, it allowed less than two weeks for all questions to be answered. After that, according to a death warrant that the court refused to stay, Spaziano was to be executed. The key witness in the case, Anthony DiLisio, recently said that he lied 20 years ago when he furnished the testimony that put Spaziano on Death Row. The justices properly told a lower court to examine Mr. DiLisio’s altered story and determine whether it is genuine. But by not staying the death warrant, the court in effect imposed an unrealistic and dangerous deadline. As Justice Gerald Kogan wrote in a dissenting opinion, it created an “atmosphere of panic … for an issue that requires calm and deliberate resolution.” The panic evidently sent some of Spaziano’s lawyers off the deep end. His principal attorney, Michael Mello – who had no clerical or investigative help and was showing signs of emotional exhaustion – fell to feuding with the state agency that normally represents Death Row appeals. The result was an exchange of lawyerly insults that would have been comical – if someone’s life weren’t at stake. To this the justices rightly said: Enough. They ordered Mr. Mello off the case, stayed the death warrant indefinitely, and set a new deadline of Nov. 15 for the evidentiary hearing. Now the inquiry can proceed at a pace that befits both the complexity of the case and the gravity of the death penalty. Spaziano was convicted in 1976, when he was 30, of murdering 19-year-old Laura Lynn Harberts. The case rested [start of the second column] almost entirely on Mr. DiLisio’s lurid tale of seeing mutilated bodies and hearing Spaziano boast of the crime. The testimony was dubious from the start, and now the witness has recanted it. Even Nov. 15 may prove an impractical deadline. But at least there is no death warrant rushing the proceedings. That’s how it should have been all along. The justices’ clear desire to know the truth of this matter – which is commendable – was nearly undermined by an undue haste in pursuing it. To Spaziano, whose life-or-death case nearly got lost in the legal pandemonium, the stay of execution came at a propitious moment. He turned 50 yesterday – two decades older than the day he came to Death Row, and now one step closer to justice. [End of the article] Contributor of the Digital Item Person submitting the digital item to the collection. Plunkett, Courtlyn 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 Less 'panic' for Spaziano 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. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Source A related resource from which the described resource is derived Hampton, Jim. "Less 'panic' for Spaziano." The Miami Herald, September 13, 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 Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-13 Description An account of the resource With Spaziano's execution on hold it could give the court time reinvestigate. Creator An entity primarily responsible for making the resource The Miami Herald https://hist299.umwhistory.org/files/original/ea3f48666ec79722cc877db750317745.jpg e6aeec26a02596e95ace594b837242b9 https://hist299.umwhistory.org/files/original/270584e4ed41f90b64e75e948f00e61b.jpg 23ebb5e7bd1225852df5ac8f1f83cdae 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 Contributor of the Digital Item Person submitting the digital item to the collection. Thomas, Sean Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Text Any textual data included in the document [First Page] [Heading] Legal gamble wins Spaziano stay [Subheading] The Supreme Court orders a hearing on new evidence after a Death Row inmate's attorney refuses to show. By Larry Kaplow Palm Beach Post Capital Bureau [Start of the first column] TALLAHASSEE- The Florida Supreme Court on Tuesday halted next week’s scheduled execution of 20-year Death Row inmate Joseph Spaziano for a reason that characterizes the troubling case: His attorney refused to go ahead with a last-chance hearing. The decision to indefinitely postpone the execution and order a hearing about new evidence was the latest in a case centering on testimony that was given by a troubled teenager under hypnosis --- no longer allowed in courts. The teenager, now an adult, recanted the trial testimony this summer after Gov. Lawton Chiles signed Spaziano’s fourth death warrant. The case has been marked by brinkmanship, [start of the second column] secrets, leaks, and sudden reversals since. Supreme Court Justice Gerald Kogan called it “grossly disturbing.” [photo] Spaziano The ruling Tuesday nullifies what was Spaziano’s fifth death warrant --- the most of any living Death Row inmate. And it did so on the 50th birthday of the Outlaws motorcycle gang leader known as Crazy Joe. Spaziano, also serving a sentence for rape, was convicted of the 1973 murder of hospital records clerk Laura Lynn Harberts, 18. Her mutilated body was found in a trash dump in Seminole County. Harberts’ father said Tuesday that his family has had to cope with the case for many years. “I hope justice is served,” said Art Harberts, 67. Please see SPAZIANO/4A [end of the first page] [start of the second page] [Heading] Professor says attorney played 'a game of chicken’ for client SPAZIANO From 1A [start of the third column] “There is a lot of suffering and anguish for other people.” The key witness in the trial was teenager and Outlaw groupie Anthony DiLisio. DiLisio testified that Spaziano had bragged about killing women and took him to see Harberts’ body. But the testimony was induced by hypnosis because DiLisio could not provide police with the details they sought to make their case. After several appeals and three vacated death warrants, Chiles ordered Spaziano’s execution in June. He withdrew the order after The Miami Herald quoted DiLisio as saying that he made up the testimony at the urging of police. Chiles ordered Florida Department of Law Enforcement investigators to review the new information. He kept their findings secret but said he had no doubts of Spaziano’s guilt and signed a fifth death warrant last month. [Image] Mello Meanwhile, maverick volunteer attorney Michael Mello has tried to save Spaziano through rhetorical pleas and high-stakes court maneuvers. He’s drawn open rebukes from Chiles’ office and thinly veiled criticisms from the Florida Supreme Court. When the court refused to stay Spaziano’s Sept. 21 execution last week, it ordered that a fast-track hearing on DiLisio’s recanted testimony be held in Seminole County by Friday. Mello, a professor at a small law school in Vermont and a former assistant public defender in West Palm Beach, said he refused to attend Friday’s hearing because he didn’t have enough time or money to prepare. In its ruling Tuesday, the court declared that Mello had acted with “flagrant disregard” for court procedures and had, therefore “effectively withdrawn” from the case. It ordered him to turn over his files to the state agency that usually defends Death Row inmates and ordered the hearing on DiLisio’s recantation by Nov. 15. Mello said he was “extremely relieved Joe will not be executed on schedule” but insists he has not left the case. He said he will try to find a law firm to [start of the fourth column] provide him the backing to continue. He gave Spaziano the news by phone Tuesday. “He’s been through this drill so many times,” Mello said, noting Spaziano had shaved his head in preparation for the electrocution. The opinion takes Chiles’ office out of the process until the lower courts meet over the issue of the recanted testimony. After the opinion was released, Chiles general counsel Dexter Douglass said his office had been ready for the Spaziano case to end. “This matter’s got to come to a closure,” Douglass said. “The fact that he stayed it off 22 years is no reason not to enforce the death penalty.” Chiles’ office was critical of Mello last week over a profanity-laced memo in which he outlined his case strategy. Chiles, before the opinion Tuesday, said Mello’s latest tactics were not “serving justice.” Michael Radelet, a University of Florida professor who worked with Mello and wrote a book documenting executions of innocent people, said Mello knows he could be sanctioned for his actions but he “played a game of chicken” for his client. Radelet noted that Chiles and his predecessor, Bobb Martinez, are the first governors this century not to have granted clemency to anybody on Death Row. Now, prosecutors and lawyers for the office of Attorney General Bob Butterworth will continue gathering evidence for the Seminole County hearing, said Richard Martell, chief of capital appeals. He said that they are not privy to what Chiles gathered in his brief investigation. One part of the investigation includes a video-taped interview with FDLE agents sent by Chiles in which DiLisio insists he had never seen the dump site until police took him there years after the crime and in preparation for the trial. “I can remember at times I didn’t know what to say, and they told me what to say.... They’d pat me on the back.” he said.. The Orlando Sentinel reported that Chiles reviewed a statement taken by FDLE from someone who DiLisio told him about the trip to see the body before he had talked to police and others who said Spaziano bragged to them about the murder. Under Clemency laws, Chiles is allowed to keep the information secret, and Douglass said he will continue to do so. He has said witnesses fear retribution by Outlaws members. The Associated Press contributed to this story. 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 Legal gamble wins Spaziano stay 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 Description An account of the resource Mike Mello Joseph Spaziano's lawyer makes an attempt to get a stay of execution for Spaziano. Mello did this by not attending the "Last-Chance hearing" to defend Spaziano, leaving him without representation, and forcing the postponing of his execution. This was done after the testimony of a key witness came into question. Creator An entity primarily responsible for making the resource Kaplow, Larry Source A related resource from which the described resource is derived Palm Beach Post Capital Bureau 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 1995-09-13 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 Subject The topic of the resource Capital Punishment Stay of Execution capital punishment stay of execution https://hist299.umwhistory.org/files/original/ccff6589f32697e08f158eb02fd330ac.jpg 995b72520bb0aeb0f0546fc0d5fc8436 https://hist299.umwhistory.org/files/original/3981b912e66909a5af0d7f13a04b2d0b.jpg 8eb559f1677078cbf4e919053d6f8514 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] [Heading] Justices Grant Stay to Spaziano [subheading] The execution of the convicted killer is halted, in part because of a fight over who should represent him. By Diane Rado Times Staff Writer [start of the first column] TALLAHASSEE- The Florida Supreme Court on Tuesday halted Joseph "Crazy Joe" Spaziano's execution, making him only the second death row inmate in history to survive a fifth death warrant. The indefinite stay was a gift of life for Spaziano, who celebrated his 50th birthday Tuesday. It was another setback for Art Harberts, who has waited some 20 years to see the man convicted of killing his daughter put to death. But Harberts hasn't lost hope. [Image of Spaziano] "I think maybe people don't have much faith in the justice system," he said. "I know it grinds slowly, but I'm quite sure that, eventually, justice will be served." Spaziano was headed to Florida's electric chair Sept. 21 for the 1973 rape and murder of Laura Lynn Harberts, an 18-year-old Orlando hospital clerk. Her mutilated body was found partly covered with leaves and trash in a dump in Seminole County. Instead, Spaziano will get a chance to Please see Spaziano 4B [end of the first page] [Start of the second page] Spaziano from 1B prove his innocence. The Supreme Court issued a stay pending the outcome of a hearing in Seminole County to be held by Nov. 15. The hearing will focus on a stunning recantation from Anthony DiLisio the state's star witness, some 20 years ago who tied Soaziano to the crime scene. DiLisio told the newspaper reporters and the Florida Department of Law Enforcement this summer that it was police-not Spaziano-who took him to the dump where Harberts' body was found and that the police manipulated, hypnotized and possibly drugged him to get testimony against Spaziano.  Controversy has been growing ever since, but it was a bizarre, last-minute fight over who will represent Spaziano that led to the stay. Michael Mello, Spaziano's attorney this summer, refused to attend a crucial hearing on the case originally scheduled for this Friday and refused to hand over hos files to the office of Capital Collateral Representative, the agency that defends death row inmates who don't have counsel. When CCR tried to visit Spaziano on Monday, he turned them away. Mello told CCR not to interfere in the case. [image] [Caption] Michael Mello refused to attend a hearing that had been set for Friday.  The Supreme Court wasn't pleased. Justices had said in an opinion just last week that CCR has the primary responsibility for the Spaziano case. "The fair administration of justices in Florida cannot proceed with such flagrant disregard of this court's procedures and directions," Tuesday's opinion states. In view of Mello's refusal to attend the hearing, among other factors, "we find that he has effectively withdrawn from representing Spaziano," the court wrote. Becuase Mello also has said he is not a trial attorney and doesn't have the resources to prepare for a new hearing, "We find that he is not competent to continue this representation." Justices ordered Mello to immediatelty deliver his files to CCR. "We direct that CCR shall act as Spaziano's counsel without Mell's assistance or interference," the court-ordered. Mello said Tuesday that he will appeal the ruling to the US Supreme Court. "I think it violates due process and equal protection to order a death row prisoner to be saddled with an inept public defender office that has a track record of botching the investigation in this very case," Mello said. "I think it's a little hypocritical of the court to trash me and then stick Hoe with this quack public defender." Mello has accused CCR of among other things, threatening and intimidating DILisio before the recantation. CCR has denied the allegation. Martin McClain, chief assistant at CCR, acknowledged Tuesday that Spaziano doesn't want the agency as his attorney. "We're willing to do it and we want to do a good job, but it's difficult to be forced upon someone who doesn't want you," McClain said. The opinion Tuesday does give leeway for a volunteer lawyer to take over the case, and Mello said he has been talking to Florida law firms that may be willing to step in. The stay was no surprise to thise who have watched recent flap over who will represent Spaziano. "The way it was set up by Mello and the CCR's reaction, it was pretty clrar that the court was left with very little alternatice said Dexter Douglas, general counsel for Gov. Lawton Chiles. "We'll honor the stay until they (Supreme Court justices) life it and at that time, a new warrant will most probably be issued unless there is some change in the situation," Douglass said. The evidentiary hearing could lead to a new trial for Spaziano. Only Willie Darden has survived past the fifth death warrant. He was electrocuted in March 1988 on his seventh warrant. Spaziano had just finished a cist with his mother and sister Tuesday afternoon when Mello called him at Florida State Prison with news of the stay. "I said, 'Happy birthday,'" said Mello. " There was a few seconds of silence. Then he said, 'Thank God, thank you." In Jacksonville, Laura Lynn Harberts' father wasn't surprised; He said he expected a stay after controversy over DiLisio's recantation, He lives with constant reminders of his daughter he said, and gets discouraged that the man conivcted of killing her still is alive. But he doesn't hate Spaziano. "I learned a long time ago that it doesn't do any food to hate somebody," Harberts said. "The hate eats you up." [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. 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 Justices grant stay to Spaziano Subject The topic of the resource Capital punishment Description An account of the resource The Florida State Supreme Court halted Joseph Spaziano's execution. Creator An entity primarily responsible for making the resource Rado, Diane Source A related resource from which the described resource is derived St. Petersburg Times Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-13-09 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida https://hist299.umwhistory.org/files/original/6f4b45068640818d40a33d967d219c33.jpg c440d58ba691144356781d864790a458 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] Florida Supreme Court grants Spaziano a stay of execution By Brad Barnes News Journal Staff Writer [[start article]] On Joseph “Crazy Joe” Spazian-o’s 50th birthday, the Florida Supreme Court announced he will not be executed as planned next week, because his attorney refused to cooperate with state lawyers. “I had the real pleasure of telling Joe about the stay, which he thought of as his birthday present from me,” said Spaziano’s attorney Michael Mello. “Isn’t that just pure Hollywood?” It is the fifth time Spaziano has dodged a death warrant for the 1973 murder of Laura Lynn Har-berts, an 18-year-old Orlando hos-pital worker. Spaziano’s fourth stay was granted in June, after Tony DiLi-sio, 37, of Pensacola told authori-ties in June his damning testi-mony against Spaziano 20 years ago was coerced by police. “He asked me to send his thanks and his love to Tony DiLisio,” Mello said. “Joe was very, very impressed and grateful that Tony had the guys to stick his neck out the way he did in this.” After an investigation, Gov. Law-ton Chiles rejected DiLisio’s claims and signed a new warrant, scheduling Spaziano’s execution for Sept. 21. But Tuesday the high court said a indefinite stay was required be-cause Mello has refused to cooper-ate – despite a court order – with a state agency ordered to investi-gate a new Spaziano appeal based on DiLisio’s recanted testimony. Mello refused to send his files to Capital Collateral Representative, a state agency that represents death row inmates. Tuesday’s ruling extended the deadline for the hearing to Nov. 15. In the ruling, the court said that decision by Mello indicated he [[Photo]] [caption] Associated Press. Michael Mello, above, has won a stay of execution for his client, Joseph Spaziano. [end caption] had effectively withdrawn as Spa-ziano’s attorney. The court said it was aware Spaziano is opposed to the agency being involved in his case. “Spaziano is faced with a choice,” the court wrote, saying it was up to him to be represented by CCR, a competent volunteer attorney, or no one. But Mello still considers himself Spaziano’s lawyer. “I do, and so does Joe, and so does his family,” Mello said. [[end 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. Marshall, Alec 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 Florida Supreme Courts grants Spaziano a stay of execution Subject The topic of the resource Capital punishment Description An account of the resource This article is about a stay of execution granted by the Florida Supreme to Joe Spaziano after Michael Mello refused to send his paperwork to state lawyers. Creator An entity primarily responsible for making the resource Barnes, Brad Source A related resource from which the described resource is derived Pensacola News Journal Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-13 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English capital punishment death penalty Death Row Florida Joe Spaziano Mello Michael A. Mello Spaziano https://hist299.umwhistory.org/files/original/a588d811954aef582cc51d8c05fe5904.jpg fc8af075bbd55af070646ccac61474ed https://hist299.umwhistory.org/files/original/b5175b6cc7f7e4a01cb576049fad03ef.jpg da3579f06c888dc97abd2552363f938a 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 wins stay of execution High court orders new hearing By Michael Griffin TALLAHASSEE BUREAU CHIEF [Text] TALLAHASSEE - Joseph "Crazy Joe" Spaziano won a stay of execution Tuesday from the Florida Supreme Court but lost his favored lawyer. The reprieve resulted not from courtroom maneuvers or media pressure, but from a dispute over who should represent the biker convicted in 1976 of the torture-murder of an Orlando women. And the prize could be temporary: Justices issued an indefinite stay but a hearing that holds all of Spaziano's chances for a new trial must be held no later than Nov.15. "I'm relieved for Joe and his family," said Vermont law professor Michael Mello, the lawyer removed by the court. "But this isn't over by a long shot." Dexter Douglass, Gov. Lawton Chiles' general counsel, said the court had no choice but to grant a stay, given Mello's refusal to attend a hearing that had been scheduled for Friday in Sanford or to cooperate with the state death-penalty lawyers authorized to take over Spaziano's defense. "This is a victory by the improper, unethical and unprofessional stand of an alleged professor," Douglass said. "He did such a bad job that his client won out." The ruling issued on the 20th of Spaziano's murder indictment and the biker's 50th birthday, means he will not die under his fifth death warrant for the 1973 murder of Orlando hospital clerk Laura Harberts. Spaziano had been scheduled to die Sept. 21. Art Harberts, father or the 18- year-old victim, said he was disappointed by the stay but optimistic about the final outcome. "In the long run, he's going to have to face up to all this." Harberts said of Spaziano. In the ruling on seven motions filed by both Mello and the state's Office of Capital Collateral Representative, justices said the bitter disagreement between the lawyers jeopardized Spaziano's chances for adequate counsel. [end of page 1] [start page 2] Spaziano refuses to see an attorney appointed by state SAPZIANO from C-1 Justices sharply criticized Mello, who had refused orders to cooperate with CCR. The lawyer had said the agency had botched the Spaziano case when it handled it before. "In view of Mello's actions," the justice wrote, "we find that he has effectively withdrawn from representing Spaziano." Mello said he would not withdraw and would appeal the ruling to the U.S. Supreme Court. He also said he has not decided whether to give the case files to CCR while he appeals and looks for a private law firm to take on the case. Spaziano's hopes rest on Tony DiLiso, a witness from the 1976 murder trial who now says the biker never took him to see the bodies of Harberts and another women at an Altamonte Springs dump. Last week, the court ordered the Seminole Circuit Court to hold a hearing Friday in Sanford on DiListo's recantation. Now that the hearing will be delayed so prosecutors have time to prepare, Three of the justices - Leander Shaw, Gerald Kogan and Harry Lee Anstead- questioned whether even the Nov.15th deadlone gives lawyers enough time to adequately study the complected case. Spaziano refused to meet with a CCR attorney Monday. His mother, Rose, wrote to Mello asking him to not allow CCR on the case. The justices said they understood Spaziano's distress but noted that Mello cannot afford to represent the biker and has little trial court experience. [end of page two] 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. Donnellan, Edward 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 wins stay of execution Subject The topic of the resource Capital Punishment Description An account of the resource Joe Spaziano, nicknamed "Crazy Joe" was granted a stay of execution from the Florida Supreme Court.. The court ordered a new hearing, that will be held no later than November 15th. Mr. Spaziano has refused to see a state appointed attorney, after his original attorney Michael Mello's actions were deemed unethical by the justices. Creator An entity primarily responsible for making the resource Griffin, Michael Source A related resource from which the described resource is derived Griffin, Michael. 1995. “Spaziano Wins Stay of Execution.” The Orlando Sentinel, September 13, 1995, sec. C. 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 1995-13-09 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 "Crazy Joe" Spaziano 1995 20th Century Capital punishment. Florida Florida Supreme Court Mello https://hist299.umwhistory.org/files/original/ffad1f69ff5a07c3500087cff788d6d9.jpg 87430e4d256362f22a8954e46cb44b03 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 gets stay of execution [Text]: TALLAHASSEE - The Florida Supreme Court granted convicted murderer Joseph Spaziano an indefinite stay of execution Tuesday after a dispute among the condemned man's attorys left him without legal representation. Spaziano, an Outlaws motorcycle gang member convicted in 1976 of mutilating and murdering an 18-year old Orlando hospital clerk, was set to die at & a.m. Sept. 21. It was his fifth death warrant in 20 years and second stay in three months. The Supreme Court postponed a lower court hearing in Seminole County set for Friday and ordered another one held by Nov. 15 to allow Spaziano's attorneys a chance to prepare. "My overriding feeling is relief and joy that my innocent client isn't going to be killed on schedule," said Michael Mello, a Vermont Law School professor who represented Spaziano. Spaziano, who turned 50 Tuesday, was relieved at the news, Mello said. The delay came after Mello refused to represent Spaziano at the Friday hearing, arguing he didn't have the time or money to prepare. He also refused the court's order to cooperate with state-paid attorneys assigned to represent the biker. "The court had very little choice except to do what they did," said Dexter Douglass, Gov. Lawton's chief legal counsel. "Mr. Mello created a situation where it couldn't be handled fairly, did it purposely." Mello has behaved unprofessionally and displayed contempt for the court, Douglass said. "What he's done doesn't enhance the views of lawyers, or the courts or the media," Douglass said. Last week, the court ruled in a 4-3 opinion not to grant a stay but ordered the hearing Friday on evidence that the key witness against Spaziano had lied. The witness, Anthony DiLisio of Pensacola, recently told the Florida Department of Law Enforcement that he was coaxed into lying at Spaziano's by police officers who hypnotized him and offered him favors. Several justices argued that if DiLisio was telling the truth, Spaziano deserved a new trail, but they refused to call off the execution before the hearing Friday. The court envisioned Mello and the office of the Capital Collateral Representative, the state appointed attorneys for Death Row, working together this week to prepare for the new hearing, but that was not to be. Over the weekend, a feud between Mello and the CCR over who should represent Spaziano escalated into a full-scale war, fought with legal briefs and and accusations of misconduct. The court lose patience with Mello on Tuesday and ruled unanimously that he had "effectively withdrawn" as Spaziano's attorney. Spaziano now must accept representation by CC, some other volunteer lawyer or no attorney at all, the court said. [end text] [photograph]: Spaziano behind bars [photograph text]: Motorcycle gang member Joseph Spaziano was convicted in 1976 of mutilating and and murdering an 18-year old hospital clerk. 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. Gill, Dennis 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 gets stay of execution Subject The topic of the resource Capital punishment Description An account of the resource On September 13, 1995, Joe Spaziano gets an indefinite stay of execution from the Florida Supreme Court. In addition, Spaziano's lawyers get a chance to prepare their case while Mello runs into legal trouble Creator An entity primarily responsible for making the resource Metz, Kevin Source A related resource from which the described resource is derived The Tampa Tribune Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1993-09-13 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida capital punishment Mello Spaziano https://hist299.umwhistory.org/files/original/c9c38a51819e67516b000fb9bd73977a.jpg 88de3cd9b52922184b7b65a5b263168d https://hist299.umwhistory.org/files/original/ee4c15c9121cc7220cdcb367b480768a.jpg 28d9af3b439b4576d18169df2df9bf65 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 gets stay of execution [subheading] The court grants the indefinite stay after his attorney refuses to cooperate with the state. [BEGINNING OF PAGE ONE] The Gainesville Sun-Wednesday, September 13, 1995, Joseph "Crazy Joe" Spaziano cannot be executed next week because his attorney has refused to cooperate with state lawyers assigned to the case, the Florida Supreme Court said Tuesday. In giving Spaziano an indefinite stay of execution, the court canceled his fifth scheduled trip to Florida's electric chair. The unsigned opinion issued on Spaziano 50th birthday. Spaziano is condemned for the August 1973 mutilation-murder of Laura Lynn Harberts, 18, an Orlando hospital records clerk. The execution had been set for 7 a.m. Sept 21. Harbert's father said his family has had to cope with the case for many years. "I just feel in the end it's going to be a long time, but I hope justice is served," Art Harberts, 67, said. "There is a lot of suffering and anguish for other people." Harberts, who lives in the Jacksonville area, said he attended Spaziano trial and had no doubt for his guilt. Michael Mello, the Vermont law professor who has been representing Spaziano for free and maintained his clients is innocents, said he was relieved by the stay. The Supreme Court said a stay was required because Mello has refused to cooperate with the state regency that represents indigent Death Row inmates, despite an order from the court on Friday to do so. "The fair administration of justice in Florida cannot proceed with such flagrant disregard of this court's procedures and directions," the Tuesday opinion reads. The high court on Friday ordered a central Florida trial court to hold a hearing into the merits of Spaziano appeal by the end of this week. Mello said he would not attend because the justices didn't give him enough time to prepare. In Tuesday's ruling, the court said that decision by Mello indicated he had effectively withdrawn as Spaziano's attorney. The court said it was aware Spaziano is opposed to have the office of Capital Collateral Representative, the state agency that represents Death Row inmates, involved in his case. See EXECUTE on page 2B [END OF PAGE ONE] [BEGINNING OF PAGE TWO] Execute Continued from page 1B "Spaziano is faced with a choice" the court wrote, saying it was him to be represented by CCR, a competent volunteer attorney or no one. Chief Justice Stephen Grimes and Justice Ben Overton, Major Harding and Charles Wells supported the majority opinion, which ordered a hearing into Spaziano's appeal by Nov. 15. Justice Lender Shaw, Gerald Kogan and Harry Lee Anstead said they agreed a stay was necessary and that Melo was off the case. But the three justice said they didn't think a deadline should be set for the hearing. In Tuesday's ruling, the court ordered Mello to turn the case files ordered Mello to turn the case files over to CCR and directed CCR to act as Spaziano's counsel "without Mello's assistance or inteference." Mello said he hoped to be able to stay on the case by putting together a defense team that includes him as well as a major Florida law firm willing to donate donate its time. [END OF PAGE 2] 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. Hogue, Paul 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 gets stay of execution Description An account of the resource The judge for Joe Spaziano case gave Joe a delay his execution because of his lawyer did want to cooperate with the state attorney. Joe Spaziano was supposed to be executed for the murder of Laura Lynn Harberts who was 18 on August 1973 who was found dead and mutilated. Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived "Spaziano gets stay of execution." The Gainesville Sun (Tallahassee, Florida), September 13, 1995, p. 1B-2B. 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 1995-09-13 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL Subject The topic of the resource Capital punishment Spaziano, Joe Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 dpi death penalty stay of execution https://hist299.umwhistory.org/files/original/243e3c9d8e23b167acd62905a6a70d91.jpg 8b8562180cd68eae5d220e60af8046da 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] Editorials [Title] Let the system work [start of the first column] The Florida Supreme Court was right to give Joseph Spaziano more time to prove he is not a murderer. So many questions have been raised about Spaziano's guilt the is would be unconscionable to execute him as long as there are reasonable doubts All he needs now is a good lawyer. Whether intentional or not, lawyer Michael Mello's refusal to appear at a crucial hearing in the case left eh Supreme Court no choice but to delay the execution, which had been scheduled for Sept. 21. Mello was right to ask for more time to prepare for Friday's hearing, but he was wrong to boycott the proceeding if he didn't get his way. Mello's decision was a disservice to his client that showed contempt for the very court that could save him. The court, showing far more restraint than Mello, decided that Mello had effectively removed himself from the case. Spaziano has to find another lawyer, rely on state lawyers he has rebuffed in the past or go it alone, the court decided. Mello says he is on the case and plans to appeal, but his actions suggest that the court was right to conclude that he had removed himself. This is not the first time Mello's emotions have overwhelmed his judgement. Last month he wrote a stinging memo, riddled with expletives, that accused Gov. Lawton [end of the first column] [start of the second column] Chiles' office of lying, referred to U.S. Supreme Court justices in a vulgar manner and derided federal appeals court judges. Mello has been clashing with the state office of Capital Collateral Representative which defends death row inmates. "Better that Joe have no lawyer at all -- and that the world clearly sees that he had no lawyer -- than that Joe have the illusion of a lawyer, a hack (public defender) office like CCR that plays by the rules laid down by the people whose job it is to kill their clients," Mello wrote in his now-infamous memo. Spaziano might be dead if not for Mello's tireless work on his behalf, all of which he has done for free. For that he deserves a great deal of credit. But instead of fighting the CCR, he ought to work with them and get Spaziano to do the same. After all, he has admitted in motions that he had neither the money nor the expertise to handle the kind if evidentiary hearing the court has ordered. The public deserves to know the truth about Spaziano, who has been on death row for 20 years. Spaziano deserves a fair hearing. It is time Mello stopped playing games and give the system for which he has shown so much contempt a chance to work. It's time for Mello to stand aside. [end of article] 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. Bridenbaugh, H. Sumner Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Let the system work Subject The topic of the resource Mello's temper with regard to court officials and his ability to continue on the case. Description An account of the resource Critiques Mello's temperment in the proceedings and in the case thus far. Commends Mello in the work he has done but disagrees with him in his outburst and calls for him to step away from the case and work with the existing legal system (the public defender's office) rather than against it. Source A related resource from which the described resource is derived Times Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-13 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPEG 300 dpi Language A language of the resource English criticism editorial emotion extension Gov. Lawton Chiles memo public defenders https://hist299.umwhistory.org/files/original/ccde875d75630b0e60b58e64d4908d49.jpg 7121df0ef9d96ba8b635d50a0c533df4 https://hist299.umwhistory.org/files/original/029b1f47863bbff1115e75467358cc82.jpg 4841d041d89053064532305a2667f990 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 Volunteer Lawyers Resources Centers budget eliminated https://hist299.umwhistory.org/files/original/3daf94eaeaf06d024c08d972fbf091a7.jpg 1360eba2045e8e08815d825707b0c30c 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] Operation to shut its doors this month Volunteer Lawyers Resource Center's budget eliminated By Mark D. Killian Associate Editor [Start of First Page] “We’re boxing it up and moving it out,” said Jennifer Greenberg, co-director of the Volunteer Lawyers’ Resource Center in Tallahassee. The organization, created in 1988 to assist death row prisoners in their ap-peals, is closing its doors following a House of Representatives vote to elimi-nate federal funding for the VLCR and 19 similar organizations throughout the country. The cuts are part of the 99-page House Appropriations Bills for the Departments of Commerce, Justice, and State, the ju-diciary and related agencies for fiscal year 1996. “None of the funds provided in this Act shall be available for Death Penalty Re-source Centers or Post Conviction Defendant Organizations,” the bill, destined to become law, says. “It has not passed the senate yet, but our understanding is that there will be absolutely no problem with that occ-uring,” Greenberg said, adding that the Administrative Office of the Federal Courts has Directed the Resource Center to prepare to shut its doors on September 30. The news of the Resource Center’s closing came as a blow to Florida’s Office of the Capital Collateral Representative, which serves as counsel for all Florida death row prisoners not otherwise represented. Saying it has to many cases and too few lawyers, CCR Michael Minerva told the Supreme Court in a petition for re-lief that the center’s closing “threatens to send the system into chaos because an already overburdened CCR could not possibly absorb the sudden addition of other clients.” Minerva said out of the approximately 350 people on death row in Florida, his office represents 141 of them, with an-other 25 who are eligible for representation but have yet to be assigned counsel. The Resource Center and its volunteers represent another 50 prisoners, he said. A couple of others are represented by volunteers not associated with the Resource Center and the balance of death penalty cases are still on direct appeal. With the end of the Resource Center, the responsibility for finding lawyers for those sentenced to death again will ultimately fall on the Bar, president who sits on the Resource Center’s board of directors. Rinaman organized the Bar program in the mid-1980s that recruited law firms to handle death penalty appeals, and was instrumental in establishing the VLRC and CCR. ”I think the Bar is going to be called upon to play a role,” Rinaman said. “The question is, what role?” Layoffs Greenberg said the VLRC has already laid off most of its 23 employees, which includes six lawyers and four investigators, along with paralegals and other support staff. “We are down to just those who will physically close the operation,” she said. [Quote] “It is really frightening what we as citizens are going to allow to happen to our condemned.’- Jennifer Greenberg VLRC co-director. [End quote] The Resource Center also has notified the Governor’s Office of its closing, and the center’s present inability to represent or assist in the representation of anyone under a death warrant. “Our board has told us to stop taking new cases, stop investigating, stop doing anything other than what we need to do to close,” Greenberg said. “We have reached a point where in order to fulfill our exiting obligations we have to focus on that and not do anything new.” Greenberg said VLRC is working to transfer ongoing cases and trying to ensure former clients ”have something approaching effective representation in the future.” With the closing of the Resource Center, Greenberg said she thinks post-conviction for Florida death-sentenced inmates with be thrown into turmoil. “I think it is particularly distressing in Florida where we have tried very hard to ensure effective representation and ensure there is some order in the pro-gress,” Greenberg said. The Resource Center performed ser-eral functions. It provided direct repre- [End of Page 1] [Beginning of Page #2] a rate far exceeding that in any prior years,” the petition said. “Whereas CCR’s capacity for accepting affirmed death cases was capped at 26 per year, mean-ing a filing rate of one 3.850 motion ev-ery two weeks, the number of affirmances by this court in calendar year 1994 rose to 46. As those cases move into post-con-viction, they are again overloading CCR’s staff at its present funding level.” CCR has asked the court to make a detailed finding on what constitutes full funding for CCR, to repeal the one-year limit for filing collateral appeals and to stay orders designating counsel and for filing collateral motion. The Bar’s Rinaman chaired the Bar committee in the 1980s that was asked by the Federal/State Judicial Council to find volunteers to handle appeals for inmates awaiting execution. “For about three years the Bar carried the ball single-handedly,” he recalled. In 1985 the Florida legislature created CCR to provide direct representation to death-sentenced individuals in post con-viction proceedings and the Volunteer Lawyers’ Resource Center was created in 1988 in an attempt to alleviate a case backlog. [Quote] ‘I think the Bar is going to be called upon to play a role. The question is, what role?’- James Rinaman, Former Bar President. [End Quote] “Over the years we have developed a program that is barely adequate, and now without the Resource Center we will be back in a situation where we don’t have an adequate program,” Rinaman said. Supreme Court Justice Ben F. Overton asked the Board of Governors at its February meeting to help find lawyers to take cases that can’t be handled by CCR Rinaman expects the Bar to again hear from the Supreme Court to set up a meeting to determine what to do next. “It is not going to be an easy task, but I’m sure we are all up to it,” Rinaman said. “And in the name of going back to true federalism, maybe we will figure out a way to do it.” [End of Page #2] [Start of Page #3] sentation for inmates seeking collateral review in cases where CCR has a con-flict, or where CCR lawyers are over-loaded. The center also recruited volunteers to represent death row inmates in post-conviction matters. As an inducement to attract volunteers, the Resources center provided research, con-sultation and investigation services. “I have relied, totally, on the investigative and logistical resources of the Florida Volunteer Lawyers’ Resource Center,” Said Vermont law professor Michael Mello, who has represented several death row inmates in Florida, including Joe Spaziano, who is currently under a death warrant. ”The key to effective capital appellate work is not being a good researcher on case law; the key is being a good gumshoe investigator of fact–or being able to rely on the investigative skills of a law office like VLRC.” Greenberg said for a decade the legal community in Florida had an understanding that the people sentenced to death must have lawyers. “It really is a very sad day when not only are we faced with the prospect of having unrepresented people under death warrant, but we are really losing that incredible opportunity to bring in sole practitioners and bring in civil law-yers,” Greenberg said. “It really is fright-ening what we as citizens are going to allow to happen to our condemned. CCR Impact CCR Minerva doesn’t know how many death row inmates will wind up without representation because of the closing the Resource Center. “We were already staggering under the load of the combination of the one-year time limit for filing collateral appeals, the unprecedented number of affirmances in 1994 by the Florida Supreme Court, and now this on top of it,” Minerva said. “This is the third major occurrence that has really affected the way we provide services.” Minerva said he would like the Resource Center’s volunteers to continue representing the clients they do now, but said CCR is unable to offer them the kind of support the Resource Center provided. “For me to try to tell them to stay the course when I don’t have anything to of-fer is not really very helpful,” Minerva said. “I think each of those volunteers is going to have to assess their own situa-tions and see if they can stay or not.” CCR has petitioned the Supreme Court to drop the one-year limit for filing collateral appeals, adopted following a 1991 report of the Supreme Court Committee on Post-Conviction Relief in Capital Cases. The agency also asked the court to find that CCR is not fully funded and to stay its orders for designating council and fil-ing Rule of Criminal Procedure 3.850 motions in specific cases. The supreme Court Committee on Post- Conviction Relief found that for the process to work, counsel had to be assigned quickly following the end of direct appeals. The committee recommended that counsel be appointed within 30 days after the last direct appeal, and that a one-year limit be placed on filing collateral appeals, assuming that CCR would be funded to meet that deadline. The rule went into effect January 1, 1994, and the court said it would review the rule this year. CCR operations were boosted by the legislature in 1993, based on an estimate of handling around 24 new cases per year. The problem, the CCR said, is that while the office budget was increased 50 percent, the client caseload has increased 69 percent and that figure was set to rise to 76 percent when five more cases were assigned. And the caseload continues to be above projections. ”[A]fter January 1, 1994, death sentences were affirmed on direct appeal at [End of Page #3] 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. Parise, Rebecca Notes Additional information regarding your item. This content will not be viewable in the Public View. These Newspaper clippings at the top of the page seemed to be out of order, not sure if I was allowed to change the order of them or not, so I left it in the order that they came in when I transcribed them. That is why some words at the end of pages are cutoff and do not seem to match up with the next 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 Volunteer Lawyers Resource Center's budget eliminated Subject The topic of the resource Capital Punishment Rinaman, James C. Creator An entity primarily responsible for making the resource Killian, Mark D. Source A related resource from which the described resource is derived Killian, Mark D. "Volunteer Lawyers Resource Center's budget eliminated"The Florida Bar News, September 15th, 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 1995-09-15 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 3 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 Language A language of the resource English Description An account of the resource This newspaper was describing how volunteer lawyer programs are being shut down due to lack of funding. There are other programs besides CCR that are trying to help prisoners on death row be represented in court. There has also been a dramatic increase in the amount of inmates who need a lawyer for criminal punishment charges in Florida. Budget Capital punishment. death penalty lawyers Representation for Inmates Volunteer Lawyers https://hist299.umwhistory.org/files/original/947dd70c6d9b991d58d605de8a8ed09f.jpg 973e8e3fad62451a946bffb7d88c8fbb https://hist299.umwhistory.org/files/original/540d35160035eecc47f7e1f22ddec544.jpg 164311b72d0b7e50e15358041221889e https://hist299.umwhistory.org/files/original/b415b0ed37076ab6eb0e059ca71e8816.jpg c01404625591ceca5823f6de35f53d5b 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. Roszell, William Text Any textual data included in the document <div> <div>[start of the first page] </div> <div></div> [Text above title]</div> <div>HAPPY BIRTHDAY, MR. SPAZIANO</div> <div></div> <div>[Title]</div> <div>Court Gives ‘Crazy Joe’ 11th-Hour Reprieve</div> <div></div> <div>[subtext below title]</div> <div>A lawyer makes his case in the press, convincing hard-bitten editors of the client’s innocence.</div> <div></div> <div>BY LINDA GIBSON</div> <div>SPECIAL TO THE NATIONAL LAW JOURNAL</div> <div></div> <div>[start of the first column] </div> <div></div> <div>CONDEMNED PRISONER Joseph Spaziano gambled that the press could keep the state from executing him. So far, he’s won. On Sept. 12, his 50th birthday, the Florida Supreme Court granted him a stay of execution and ordered a lower court hearing to be scheduled by Nov. 15. He was to have been electrocuted Sept. 21. </div> <div></div> <div>His pro bono attorney, Vermont Law School Prof. Michael Mello, bet Mr. Spaziano’s life on resourceful reporters and eloquent editorials. Sparked by a column Professor Mello wrote for the Miami Herald, the newspaper interviewed the main witness against Mr. Spaziano. The witness told reporter Lori Rozsa that he’d been a drug-addled delinquent teenager who had concocted his story at the prodding of investigators during hypnosis sessions. Florida Gov. Lawton Chiles issued a stay of execution 12 days before the inmate’s June 27 date with Old Sparky. But on Aug. 24, the governor reversed himself and issued a fifth death warrant based on the confidential statements of newly found witnesses whom he has refused to identify publicly.</div> <div></div> <div>The odds that Mr. Spaziano would beat this lat- <div>[end of the first column] </div> <div></div> <div>[start of the second column] </div> <div>est warrant were as slim as the evidence that put him on death row 19 years ago.</div> </div> <div></div> <div>In 1975, police charged “Crazy Joe” Spaziano, a member of the Outlaws motorcycle gang in Orlando, with the 1973 rape-torture slaying of 18-year-old hospital clerk Laura Lynn Harberts. Her remains were found in a rural garbage dump along with those of another still-unidentified victim. The prosecution’s sole evidence was the testimony of Anthony DiLisio, who said Crazy Joe took him to the dump to view the corpses and described how he had tortured the girls by showing them pieces of their bodies that he had sliced off. State v. Spaziano, 393 So.2d 1119 (Fla. Sup. Ct. 1981).</div> <div></div> <div>Sensational though it was, even prosecutor Claude Van Hook acknowledged Mr. DiLisio’s testimony was the state’s total case against Mr. Spaziano. “If you don’t believe Tony DiLisio,” he told the jury at the 1975 trial, “then find this defendant not guilty in five minutes.”</div> <div></div> <div>Jurors deadlocked twice in six hours. Finally, they came back with a guilty verdict but recommended life in prison. Seminole County Circuit Court Judge Robert McGregor overruled them and sentenced Mr. Spaziano to death. Jurors didn’t know, the judge told reporters later, that the defendant had a previous conviction for rape.</div> <div></div> <div></div> <div>Harbored a Grudge</div> <div></div> <div>They also didn’t know, however, that Mr. DiLisio’s testimony had been elicited by hypnosis sessions with a practitioner whose work in other cases had been questioned. In 1985, Florida banned testimony based on hypnosis as unreliable but failed to make the ban retroactive. Mr. DiLisio also had made heavy use of hallucinogenic drugs as a teenage and <div>[end of the second column] </div> <div></div> <div>[start of the third column] </div> <div>had harbored a grudge against Mr. Spaziano over the latter’s relationship with his stepmother, defense lawyers say.</div> </div> <div> Professor Mello and other attorneys raised these points during years of stay applications and briefs. </div> <div> “None of that made the slightest difference,” he said, citing rules that prohibit state and federal courts from reviewing evidence that wasn’t raised at trial. “Because of all this, no court has ever ruled on the merits of Mr. Spaziano’s evidence demonstrating his innocence.” </div> <div>By the spring of this year, every legal recourse had been exhausted. With a fourth death warrant sign had been exhausted. With a fourth death warrant sign and an execution date set, Professor Mello gave up the law and sought help from a highly reluctant source Miami Herald editor Gene Miller. </div> <div>“People thought I’d lost my mind. The Herald is an extremely conservative institution,” said Professor Mello. “They’re in favor of the death penalty. But I figured if I could convince the Herald, I could convince anyone with an open mind.”</div> <div></div> <div>[End the first page]</div> <div> [Start the second page]</div> <div> [small text on the right side of the image]</div> <div>AP/WIDE WORLD PHOTOS</div> <div> [Text below image]</div> <div>Turned 50: The stay came on Joseph Spaziano’s birthday.</div> <div> </div> <div>[text in box]</div> <div>CASE AT A GLANCE</div> <div>Venue: Florida Supreme Court</div> <div>CONDEMNED PRISONER: Joseph “Crazy Joe” Spaziano</div> <div>DEFENSE ATTORNEY: Prog. Michael Mello of Vermont Law School</div> <div>SUMMARY: Mr. Spaziano, scheduled for execution Sept. 21, was given another reprieve when the Florida Supreme Court ordered a hearing into the recantation of the main witness against him. The witness told a reporter that he had concocted his testimony at the prodding of investigators.</div> <div>[End second image]</div> <div> [Start the third page]</div> <div> [Start the first column]</div> <div>Mr. Miller’s skepticism as a reporter is legendary. In 1976, he won a second Pulitzer Prize for his reporting on the case of Wilbert Lee and Freddie Pitts. They’d spent years on Florida’s death row for a murder that hadn’t committed, until someone else confessed. After Mr. Millers 1875 book “Invitation to a Lynching,” he was deluged with requests from inmates and attorneys who wanted him to look at their cases, too. He said he never expected to see another one like Pitts and Lee.</div> <div></div> <div>Read Transcripts</div> <div>But Mr. Miller agreed to take a phone call from Professor Mello after the lawyer enlisted the aid of a friend who approached Mr. Miller’s daughter. The editor agreed to read a chapter about the Spaziano case in a book Professor Mello was writing on death row representation. Then Mr. Miller asked to see the trail transcript, police reports and tapes of Mr. DiLisio’s hypnosis sessions. On Friday afternoon of Memorial Day weekend, Mr. Miller dropped it all off with another legendary skeptic, investigator Warren Holmes of Holmes Polygraph Services Inc., in Miami. </div> <div>Mr. Holmes has worked with the Herald for 30 years. He’s participated in such cases as the assassinations of Martin Luther King Jr. and President Kennedy and is known for his work on the Pitts and Lee case. </div> <div>He wasn’t happy about Mr. Miller dumping a load of papers on him just before a holiday weekend, but he expected to spend no more than half an hour on them before concluding that Mr. Spaziano was guilty. More than 10 hours later, however, the investigator called Professor Mello. “He told me that he had reviewed between 1,200 and 1,400 transcripts in his time, and he had thought that three men were innocent: Pitts, Lee and Joesph Spaziano,” said Professor Mello. </div> <div>Mr. Holmes next went to the Herald: “I told them there was something radically wrong with the case.”</div> <div>Mention in the records of hypnotist Joe B. McCawley set off bells. Mr. McCawley had helped convict Messrs. Pitts and Lee through a dramatic, but suspect “hypnosis” session of a witness conducted right in the courtroom. Psychologists and psychiatrists have viewed Mr. McCawley’s sessions with Mr. DiLiso with skepticism. </div> <div>“We found the hypnotist is a guy with a very checkered record,” said Herald state desk editor John Pancake. “The key thing you can see looking at the file was [Spaziano] was convicted on hypnotically enhanced testimony. That’s no longer admissible.” </div> <div>Mr. McCawley now is director of the Ethical Hypnosis Training Center in Orlando. Reacting to comments about his work in the case, he said “I would expect that. Ignorance breeds a lot of contempt.” </div> <div></div> <div>Wrote Column</div> <div></div> <div>But before the paper would act, it insisted that Professor Mello write an article about the case. Editors also dictated that the lawyer had to mention within the first few paragraphs that his 70 clients on death row, Mr. Spaziano was the only one he thought was innocent. Professor Mello resisted until the paper delivered an ultimatum: no column, no Herald investigation. [end of the first column] [Start of the second column]</div> <div>Professor Mello capitulated. Mr. Miller edited the column and then took an extraordinary step. Instead of treating the story competitively, he arranged to have it run simultaneously June 4 in the Herald, the St. Petersburg Times and the Orlando Sentinel. He also called syndicated columnists James J. Kilpatrick, who responded with a column published June 8 calling on Governor Chiles to issue clemency.</div> <div> Meanwhile, Herald reporter Ms. Rozsa found Mr. Dilisio, now a sober, 38-year-old part-time preacher, in Pensacola. On her third attempt to talk to him, he let her in and spilled his guts.</div> <div> He didn’t remember Crazy Joe taking him to the dump. He didn’t remember the hypnosis, the trail and his testimony. “How do I know what I said back then was reliable? Especially if it came out under hypnosis,” he said. Mr. DiLisio’s recantation, published June 11, fell like a bomb on the seemingly unalterable course of events that follow the signing of a death warrant. Said Mr. Pancake. “We were really stunned.”</div> <div> The Herald followed up with a June 13 editorial calling on Governor Chiles to halt the execution. On the 14th, it published a detailed article by Associate Editor Tony Proscio that included excerpts from Mr. DiLisio’s hypnosis sessions. “I’m not crusading to save the life of this one guy,” Mr. Proscio said. “This is about procedure, justice and the integrity of the death penalty.” </div> <div>On June 15, Governor Chiles issued a stay and ordered the Florida Department of Law Enforcement to investigate. In addition to interviewing Mr. DiLision, agents found new witnesses who claimed Mr. DiLisio had talked about viewing the bodies even before he was hypnotized and others who said Mr. Spaziano had admitted the killings to them. Agents promised them confidentially because they feared retaliation from the Outlaws. On that basis, and with the help of a recently passed and little-known exemption from Florida’s tough public records laws, the governor sealed the report and issued a fifth death warrant. </div> <div>While reporters try to get hold of the secret report, Professor Mello and public defense lawyers here are arguing over who will represent Crazy Joe for what might be his final hearing. </div> <div>What happens, he’s decided not to take his client’s case back into federal court, a most unusual tactic that dismays his associates. “What we must do is maximize the pressure on Chiles,” he said. “That means, getting access to the report and it’s underlying materials and exposing them as the product of a whitewash with a foreordained conclusion. </div> <div>“During my 12 years as a capital post-conviction litigator, I swore I would never try any of my cases in the media. Now, I swear I will never try one in court.”</div> <div> [End of article]</div> 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 gives 'Crazy Joe' 11th-hour reprieve Creator An entity primarily responsible for making the resource Gibson, Linda 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 Source A related resource from which the described resource is derived The National Law Journal Format The file format, physical medium, or dimensions of the resource 3 JPGs 300 DPI Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-25 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Miami, FL Subject The topic of the resource Spaziano, Joe Death row inmates--Florida--Case studies. Description An account of the resource “Crazy Joe” Spaziano receives a last-minute stay of execution on his 50th birthday September 25, 1995. In 1975 police charged Joe Spaziano with the 1973 rape-torture slaying of 18-year-old hospital clerk Laura Lynn Harberts. Jurors found Spaziano guilty of all charges but recommended life in prison however, Judge Robert McGregor overruled their ruling and sentenced Mr. Spaziano to death citing a previous rape conviction. Professor Mello and other attorneys raised questions about the case and challenged the ruling in court winning multiple stays of execution. "Crazy Joe" Spaziano death penalty Death sentence Florida Death Row Joe Spaziano Michael A. Mello Michael Allen Mello Michael Mello https://hist299.umwhistory.org/files/original/01a7055b4d1680c77b8ce5188f9043ec.jpg e056f64a315d8ae19075c109f87bda36 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 gets new lawyers, judge [subheading] By Beth Taylor Of the Sentinel Staff [start of the first column] Sanford- Joseph “Crazy Joe” Spaziano, who won a stay of execution after a key witness changed his story, will have a new law firm and a new judge at a November hearing. Holland & Knight, the state’s largest law firm, has taken over defense of the biker convicted of the 1973 killing of Orlando hospital clerk Laura Harberts. Meanwhile, Robert McGregor, the retired judge who presided at Spanziano’s 1976 trial, has removed himself from the case after defense lawyers raised questions about his impartiality. The hearing, called to evaluate whether Spaziano deserves a new trial, has been assigned to Seminole Circuit Judge O.H. Eaton, a 52-year-old former prosecutor in his second term. [end of the first column] [start of the second column] Spaziano, 50, was scheduled to die Sept. 21 under his fifth death warrant, but the state Supreme Court postponed the execution because witness Anthony DiLisio now says he lied at the trial in Sanford nearly 20 years ago. DiLisio now denies that Spaziano took him to an Altamonte Springs dump where he saw the mutilated bodies of Harberts and another woman. The Supreme Court ordered the trial court to hold a Sept. 15 hearing. But Spaziano’s lawyer, Vermont law professor Michael Mello, refused to attend or to turn records over to the state’s Office of Capital Collateral Representative, which represents indigents on death row. Mello said he had too little time to prepare and did not trust the CCR. The high court threw Mello off the case, rescheduled the hearing, and asked McGregor to preside. But the CCR asked for a new judge, citing [end of the second column] [start of the third column] McGregor’s public comments about the case in recent newspaper articles. John Dean Moxley, chief judge of the Seminole-Brevard circuit, reassigned the case after talking with McGregor. “We talked it over, and he thought it was a good motion,” Moxley said Wednesday. Holland & Knight was Mello’s second choice to replace him as Spaziano’s lawyer. Miami criminal lawyer Jeff Weiner signed on last week, but withdrew from the case one day later after a disagreement with Mello. “We think everyone, even people who are despised by many people, are entitled to due process,” said Sandy Bohrer of Holland & Knight, which will represent Spaziano at no charge. Bohrer said Mello agreed to turn over his files. Mike Griffin of the Sentinel staff contributed to this report. Mike Griffin of the Sentinel staff contributed to this report. [end of the third column] 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. Robertson, Brooke 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 gets new lawyers, judge Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Subject The topic of the resource Capital punishment Spaziano, Joe Creator An entity primarily responsible for making the resource Taylor, Beth Description An account of the resource A key witness in the trial of Joseph Spaziano, for the murder of Laura Harberts, changed his statement. Spaziano now has a new legal team and the presiding judge has removed himself in fear of impartiality. Spaziano's execution has been postponed and a new trial will take place in the near future. Source A related resource from which the described resource is derived Taylor, Beth , “Spaziano gets new lawyers, judge.” Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Sanford, FL capital punishment Joe Spaziano Michael A. Mello Michael Mello