1 20 70 https://hist299.umwhistory.org/files/original/204aed956b04804aada2a76518a7594f.jpg 6d0f1d4eca027e7ddfc11a75371898cd https://hist299.umwhistory.org/files/original/985c07f1d81966dff36be5a0a9321b10.jpg 5753edd614da6695a4a9284d8023a313 https://hist299.umwhistory.org/files/original/bda501f94636f18686148f9b4d577816.jpg 7fd600142c831c906e40f90e066cf1d2 https://hist299.umwhistory.org/files/original/87dc1ec7990b098cbfa3750c162f3e24.jpg 50139152ca09f8cdf361567711e13a03 https://hist299.umwhistory.org/files/original/fe87881528d5c2a87742ed67bbeead64.jpg b1b0ad0b2971185cd39d9475f4a24947 https://hist299.umwhistory.org/files/original/01131e76dc7cd734ab4dcf2defb1f6fc.jpg b061491d8aaf4db254df82ef6d548499 https://hist299.umwhistory.org/files/original/e4ce7eb943d1d38ec9b311c45bad3e6a.jpg 0ea421190d0883c842cc83b1bf2e59a7 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 <p><span>[title]Executing Justice [title]<br /><br />[subtitle] Vermont Law School Professor Gives Death Row Inmate New Lease on Life [subtitle]<br /><br />[Image of Michael Mello]<o:p></o:p></span></p> <p><span>[Caption] Michael Mello sits in his home office in Wilder surrounded by paperwork he has prepared in the case of Florida inmate Joseph Spaziano and mementos from his life as a death-penalty lawyer and professor. [Caption]<br /><br />They call his client "Crazy Joe" Spaziano. Vermont Law School Professor Michael Mello calls him a friend. He also calls him innocent.<br /><br />For more than a dozen years, ever since he began arguing Spaziano's case as a fledgling public defender, Mello has fought to bring those claims of innocence to light.<br /><br />[Images of Spaziano and Mello]<br /><br />[Caption] Spaziano is shown in a family snapshot (left) before his imprisonment. A later photo (right) shows an older Spaziano in a Florida prison. Spaziano, an artist and longtime member of a motorcycle gang, gave this oil painting to Mello (below) about a decade ago. [Caption]&nbsp;<br /><br />The case went before 26 different judges and was played out in at least 17 different court hearings. "Not a single judge in a single court ever took a look at the issue of evidence," Mello said.<br /><br />Until this fall.<br /><br />Now, the case Mello calls "too bizarre to work as fiction" may finally be drawing toward an end. Spaziano was recently granted a new trial after nearly two decades on Florida's death row.<br /><br />Sitting on a couch in his Wilder home, clad in a black jersey and jeans, Mello chain-smoked his way through a handful of Camel cigarettes as he told Spaziano's story. The narration rolled his tongue with easy familiarity as he pulled through a carved cigarette holder.<br /><br />Joseph Spaziano, now 50, was born into a working-class Italian family in upstate New York. His "crazy" behavior came, in part, from permanent brain damage he suffered after being hit by a truck at the age of 19. Originally a member of the Hell's Angels, Spaziano joined and ultimately became president of a different gang, called the Outlaws, after moving to Florida as a young man. It was there, in 1973, that an 18-year-old Orlando hospital clerk named Laura Lynn Harberts disappeared. Her decomposed body was found several weeks later in a Seminole County dump.<br /><br />Two years after Harberts' death, police turned their sights on Spaziano, who had a string of criminal convictions on his record- including a recent rape. Spaziano was indicted in September 1975, and convicted at trial in early 1976. No physical evidence ever linked Spaziano to the crime. The key witness, Tony DiLisio, was a teenager who had to be put under hypnosis repeatedly before recalling, in increasing detail, incriminating statements Spaziano allegedly made about the killing. Jurors did not hear about the hypnosis, but reportedly were still concerned about DiLisio's reliability and hence recommended a life sentence. The judge, noting the rape conviction on Spaziano's record, overrode the jury's wishes and gave Spaziano death.<br /><br />Later, the Florida Supreme Court would decide hypnosis was not a reliable way to produce evidence in a case. The ruling came too late for Spaziano.<br /><br />It also was revealed after trial that prosecutors knew of other evidence pointing suspicion away from Spaziano, including a witness who tied a different suspect to the scene of the murder- a man who had failed several lie-detector tests during the investigation.<br /><br />Despite that and more, Florida has five times tried to send Spaziano to the electric chair. If not for Mello, he would probably already be dead.<br /><br /><strong>Choosing A Path</strong><o:p></o:p></span></p> <p><span>Mello, now 38, grew up in Virginia, where he saw the play "Inherit the Wind" in high school and was inspired toward a career as either a journalist or a lawyer. Fearing his writing skills would not support the former, Mello said, he pursued a law degree, graduating from the University of Virginia in 1982.<br /><br />His first job turned out to be the one that piqued his interest in capital punishment. Serving as one of the three law clerks for Judge Robert Vance of the U.S. Circuit Court of Appeals in Alabama, Mello found himself assigned to review the judge's capital punishment cases.<br /><br />Mello said he was "a little disappointed" in the assignment "for about the first 20 minutes." Then, he said, he read into the pile and discovered that many death-penalty appeals raise constitutional issues. "By the end of that afternoon I was delighted I was going to be Vance's 'death clerk'," he said.<br /><br />One case in particular from that time period haunts him, Mello said. Ivan Ray Stanley was a retarded man on death row in Georgia of being the right-hand man in "a fairly hideous crime," Mello said. Stanley's co-defendant also appealed but had a better lawyer. When the scales of justice weighed out, Stanley went to his death. His co-defendant remained on death row.<br /><br />"I finished my clerkship with a good deal of liberal guilt not only for my role in the Stanley case but for death penalty cases in general," Mello said.<br /><br />Although he had a lucrative job offer from a private firm, Mello remained interested in trying his hand at death penalty cases in general," Mello said.<br /><br />Although he had a lucrative job offer from a private firm, Mello remained interested in trying his hand at death penalty cases in general," Mello said.<br /><br />Although he had a lucrative jon offer firm a private firm, Mello remained interested in trying his hand at death penalty work. He took a detour from his intended career path and signed on as a public defender in West Palm Beach, Fla., handling death-row appeals for that region.<br /><br />Mello's first death penalty filing was a 1983 legal brief to the U.S. Supreme Court asking it to decide whether it was right for the judge to override the jury's recommended sentence in Spaziano's case. The brief does not bear Mello's name because he had not yet passed the bar examination.<span class="apple-converted-space">&nbsp;</span><br /><br />The Supreme Court ruled against Spaziano on the issue, but Mello then began to dig into the case in earnest, meeting with Spaziano's lawyers, speaking with DiLisio and reviewing the evidence presented at trial. At that point, he and his client had not met face-to-face. They first did so in the summer of 1984. In preparation, Mello read the Hunter S. Thompson book "Hell's Angels" to prepare for what he might find. He jokingly described the pair's first<br /><br /><strong>Justice&nbsp;</strong><o:p></o:p></span></p> <p><span>Continued from Page 19<o:p></o:p></span></p> <p><span>could avoid the June death warrant."<br /><br />In the face of the new evidence, Chiles stayed the execution for two weeks and ordered an internal law enforcement investigation of DiLisio's claims,<br /><br />The investigation, which the governor then sealed, concluded that DiLisio's change of heart was not reliable. The delay, however, had lasted until the start of the state Supreme Court's summer break, staving off a new execution order until fall.<br /><br />It also gave the Miami Herald time to dig further into the case. “Then they started coming up with all sorts of stuff," Mello said.<br /><br />"Watching a major, big-city newspaper with the resources to investigate the case the way I always wished I had the resources to investigate was a pleasure for me to watch," he said.<br /><br />Media interest in the case snowballed. It was featured, among other places, in newspapers throughout Florida, became the topic of syndicated columns, reports in The Nation, The New Republic, The Economist and a segment of the ABC nightly news.<br /><br />When the Florida Supreme Court returned from summer break in late August, Spaziano's fifth death warrant came out.<br /><br />Mello filed for a new stay of execution. The Supreme Court gave Spaziano a stay on his 50th birthday-Sept. 12. It also ordered a hearing in the case.<br /><br />Mello balked, however, at the fact that he had only days to prepare. He also had just maxed out his last credit card- part of an estimated $15,000 in out-of-pocket expenses he said he had spent on the case.<br /><br />In a brash letter to the court, he refused to go forward. "There was no way on earth I could be ready."<br /><br />The court took his refusal as his resignation from the case. Mello enlisted a private firm to defend Spaziano, who in turn signed on an experienced criminal defense lawyer. The new defense team was allowed more time to prepare for the hearing.<br /><br />After six days of testimony in January, Spaziano won his new trial- a decision Mello had felt was "virtually impossible" so late in the game.<br /><br />Circuit Judge O. H. Eaton Jr. wrote in his opinion that he found DiLisio's recantation credible, and added that without DiLisio's original testimony, "there simply &nbsp;is no corroborating evidence in the trail record that is sufficient to sustain the verdict."<br /><br />The judge ordered a new trial to begin in late March.&nbsp;<br /><br />That date, however, has been postponed while prosecutors appeal the new trail order, Mello said. They contend DiLisio has nothing to lose by changing &nbsp;his story now and is simply seeking publicity.<br /><br />Meanwhile, Spaziano has been moved off of death row and back into the general prison population for the first time since his sentencing.<br /><br />He is no longer confined to a cell most of the day, can place telephone calls more easily and has more ready access to art supplies for cartooning, his hobby and talent.<br />&nbsp;<br />What Spaziano most wanted Mello to know, however, when he first called, was that he was surrounded as they spoke by seven members of the Outlaws who would protect him in prison.&nbsp;<br /><br />Mello said Spaziano's ties to the biker group had provided a continuity that had "kept him going."&nbsp;<br /><br />"He loves those people... and the ones I've gotten to know love him too." In fact, Spaziano had won permission to wear the club's T-shirt if his execution was carried out in the fall.<br /><br />Spaziano has seen 21 people on Florida's death row killed since executions resumed in 1977. "Two or three" of those were friends, according to Mello.<br /><br />He has a 23-year-old daughter and three grandchildren who can't remember when he was not in jail.<br /><br /><strong>Question the System</strong><b><br /><br /></b>Meanwhile, the Vermont lawyer who said Spaziano "is fond of saying that he and I grew up together" has reached a milestone in his own career.<br /><br />He has decided that Spaziano's case will not only be his first death penalty appeal but also his last.<br /><br />"To function efficiently as a defense lawyer in capital punishment as a legal system you need to have more faith and more trust in the judiciary &nbsp;and the prosecution and the others in the legal system than I have after working on the Joe Spaziano case," Mello said.<br /><br />"The system would have killed Spaziano in a heartbeat. ...If that's how the system treats people who are innocent, then that isn't a system I can continue to participate in good faith."<br /><br />"Lots of people have said to me, "The system finally worked,' and that is so wrong, because the system didn't work-the legal system was forced, kicking and screaming every minute of the way, into doing right in this case," Mello said.<br /><br />Mello said he planned to engage in what he called "conscientious abstention." He will continue to write and speak about death penalty issues, as well as teach a death penalty seminar as part of his course load at the law school. Students in his fall 1995 seminar helped prepare U.S. Supreme Court appeals in Spaziano's case.<br /><br />His book on the capital punishment dissents of U.S. Supreme Court Justices Thurgood Marshall and William Brennan is due out soon. Two other manuscripts are in the works, and he is toying with writing a book about Spaziano's case.<br /><br />"It's a hell of a story," he said.<br /><br />The next step for Spaziano, Mello said, is an appeal of his prior rape conviction- which he contends was also falsely pinned on his client. The same Florida lawyer who handled the January hearing has agreed to take the lead in the rape case as well.<br /><br />If that succeeds along with the murder appeal, Spaziano could be released from prison.<br /><br />Mello said he was considering what would happen to Spaziano then, and had come up with an answer.<br /><br />He gestures with his glasses toward the staircase behind him.<br /><br />"The guest room upstairs," is his answer.<br /><br />A visitor might be inclined to think he's kidding, but he's not.<br /><br />"We've got to get him out of Florida, where every law enforcement officer and every prosecutor will be salivating to nail him again."<br /><br />He said he had no concerns about making such an offer to "Crazy Joe."<br /><br />"I would trust Joe with my life, as he trusted me with his."<o:p></o:p></span></p> <p></p> 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 Executing Justice Subject The topic of the resource Spaziano, Joe Capital punishment Description An account of the resource Michael Mello, a Vermont Law School Professor, has a background of working for death row inmates. Creator An entity primarily responsible for making the resource Anderson, Liz Source A related resource from which the described resource is derived Vermonters 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 1996-03-14 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 7 jpg 300 dpi Language A language of the resource English https://hist299.umwhistory.org/files/original/f8a2b0cd7fa77fd4569a3b134f422752.jpg d6386fb8cac87487defb43e39c4c9f9b Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Title] Spaziano awaits decision [Author] The Associated Press [Begin article] Tallahassee--An attorney for Joseph "Crazy Joe" Spaziano asked the state supreme court for a chance to prove his client is innocent of the murder sending him to the electric chair in two weeks. A lawyer for the state, however, urged the justices not to stay Spaziano's execution on "mere speculation." After hearing oral arguments Thursday, Florida's high court will make a decision at its own discretion; Spaziano, 49, is scheduled to be executed Sept, 21 for the murder-mutilation of an Orlando woman 22 years ago. During the hour-long hearing, justices and lawyers had exchanges about testimony at a trial held nearly 20 years ago, about judicial procedure, about the role of the state's high court in reviewing capital cases. "The proceeding before us has taken a rather free form," Justice Harry Lee Anstead told Spaziano attorney Michael Mello. "This is the way you have approached this case before the court, and it's obviously causing us considerable difficulty." Mello, a Vermont law professor, has filed hundreds of pages of pleadings before Florida's high court, but he began his presentation by telling justices that all the issues were secondary because his client did not kill Laura Lynn Harberts. The 18-year-old hospital clerk's body was found in an Altamonte Springs dump in August 1973. "I believe that if I had an opportunity to prove Mr. Spaziano's innocence before a jury, he would be acquitted," Mello said. "All I'm asking for...is a stay of execution and the provision of resources." Anthony Dilisio, a key prosecution witness in Spaziano's trial, recanted his testimony earlier this year, prompting Gov. Lawton Chiles to suspend Spaziano's fourth death warrant. However, after an investigation by the Florida Department of Law Enforcement into the recent comments by Dilisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. Mello questioned the reliability of the FDLE investigation, which the governor has refused to release, as "supersecret [sic] information that supposedly reliable witnesses supposedly told FDLE that supposedly correctly reported to the governor." But Anstead questioned the strength of Mello's appeal before Florida's high court. "I can't imagine new evidence more substantial than a disavowal of the critical testimony by the witness," Mello answered. If Mello had filed the proper motion in trial court, he would have been required to meet two tests, Anstead said. The first test is whether the recanted testimony was substantial enough to undercut Spaziano's conviction; the second is whether the issue should have been raised earlier. Anstead asked Mello if he could have jumped through "those two ordinary hoops." Justice Ben Overton then interrupted the attorney, asking why he had not presented an affidavit from Dilisio recanting his testimony. [end article] [image by photographer Smith, Dede; Spaziano talks about his scheduled execution at Florida State Prison] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper article Contributor of the Digital Item Person submitting the digital item to the collection. O'Neill, Christopher Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano awaits decision Subject The topic of the resource Capital punishment Spaziano, Joe Description An account of the resource Convicted murderer, Joseph "Crazy Joe" Spaziano awaits decision from Florida Supreme Court regarding his request for a stay of execution. Spaziano is due to be sent to the electric chair in two weeks. His attorney, Michael Mello, argues that Spaziano is innocent, citing faulty testimony from Florida Department of Law Enforcement. Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Associated Press. "Spaziano Awaits Decision," The Gainesville Sun, September 8, 1995 Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-08 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 jpg 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, Florida capital punishment Florida Supreme Court Joe Spaziano https://hist299.umwhistory.org/files/original/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/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/33ee5cd1dcec9d0fd9dfe8050747442a.jpg eee50c05e1711378e9303802b86017d2 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The two Crazy Joes Subject The topic of the resource Spaziano, Joe Description An account of the resource Joe "Crazy Joe" Spaziano became a point of interest for two magazines: The H Creator An entity primarily responsible for making the resource Barstow, David Source A related resource from which the described resource is derived Barstow, David. "The two Crazy Joes." St. Petersburg Times, February, 1996. 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 1996-02-25 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 5 JPGS Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant St. Petersburg, FL Identifier An unambiguous reference to the resource within a given context Text Item Type Metadata https://hist299.umwhistory.org/files/original/1227e9b787a87555970c8164277ab644.jpg a07efcdc14236e16f7a4adf302f39299 https://hist299.umwhistory.org/files/original/294137f3e8f0cdc3f6bc328be0c3bb87.jpg 8bffce3d3f823e98e2b269eff7945681 https://hist299.umwhistory.org/files/original/936ffa4a531b2c7ced6fad400516e0ba.jpg 36b4083ccae5a6940abf2528c3945be7 https://hist299.umwhistory.org/files/original/4a4e277632e9b3c12f99853da7851ec9.jpg 56bcecb7b7556a04e5850e5fc6c3a21e 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] [Title] The two Crazy Joes [Photographs of Joseph Spaziano during his first trial and one of his appeals to court] [Caption] Two photographs, one man. As different as Joseph “Crazy Joe” Spaziano looks in these pictures is about as different as the coverage of his case in the Miami Herald and the Orlando Sentinel. [Page Two] [Column One] With the help of God and the Miami herald, we’ll cross the finish line together. And alive. And free. Attorney Michael Mello, in a letter to his client, death row inmate Joe Spaziano The Sentinel will write whatever it wants, and if another (death) warrant comes, your blood will be on their hands. Mello, in another letter to Spaziano Last summer, two newspapers—the Miami Herald and the Orlando Sentinel—set out to do the same thing. Each dedicated itself to finding The Truth in the case of Joseph “Crazy Joe” Spaziano, the Outlaw biker condemned to death 20 years ago for the murder of a young Orlando medical clerk. Each produced a stream of news stories based on standard reporting techniques: digging up records, tracking down witnesses, pumping sources, talking to key participants. But a strange thing happened on the trail to truth. In eight months of compelling coverage, as execution dates came and went, the two newspapers arrived at separate truths about Crazy Joe’s case, truths as incompatible as life and death. The Herald found in Spaziano a pathetic victim of injustice. The Sentinel found a “dead-eyed” rapist-killer. The Herald found shabby evidence, shaky witnesses and a lead detective who drove around the countryside in a squad car with a psychic holding a skull in her lap. The Sentinel described incriminating evidence, unshakable witnesses and a former Outlaw enforcer called Gatemouth who said Spaziano bragged that sex was best after a killing. The Herald found a guild-ridden prosecution witness who had motives to lie 20 years ago but now [End of First Column] [Beginning of Second Column] wanted to set the record straight? The Sentinel described the same witness as a troubled flake with reasons to spring forth with a bogus recantation. This extraordinary divergence was neatly summarized in headlines on editorials last month, when a judge ordered a new trial for Spaziano. The Herald: “Justice Awakens.” The Sentinel:”Justice Clearly Cheated.” How could two newspapers—both pro-death penalty and each committed to the truth—see the same case so differently? The coverage was shaped by forces unseen by readers. These newspapers pursued different questions and were driven by different ideas about the proper role of journalism. Their coverage was molded by ego and instinct. Stories were affected by reactions to what the other newspaper was writing, and by the manipulations of a few key sources. Coverage was even affected by one reporter’s premature delivery of a baby and another reporter’s childhood memories. The stakes were high: Either an innocent man was about to be executed, or a murderer was going to beat the system. “I think they were both zealously going after the truth, or what they perceived to be the truth,” says Ron Sachs, a former reporter who until recently was Gov. Lawton Chiles’ spokesman. ‘And I have no doubt in my mind that they were guided and motivated by pure altruism. That doesn’t mean they got closer to the truth. Both papers wrote accurate stories—factual stories. “But this was a classic example of how you can vigorously pursue a particular viewpoint and generate the facts to support your viewpoint. “The trouble is, at least one of these great newspapers is probably wrong.” Please see CRAZY JOE 8a [Heading] Crazy Joe from IA [Page Three] [First Column] Early last May, Michael Mello nervously dialed the number of Gene Miller, an editor at the Miami Herald. They knew each other by reputation alone. Mello teaches law in Vermont. He also represented death row inmates, including Spaziano. Mello usually avoided the media and confined his advocacy to the strict procedural rules that govern death penalty appeals. But this case was different. Of the 70 men he had represented on death row, Spaziano was the first Mello thought truly innocent. With appeals exhausted and the hour of execution drawing near, Mello decided to approach the Media. It was the first such phone call he says he had ever made. Gene Miller is a legend in journalism circles. He has built a career crusading against miscarriages of justice. His first Pulitzer Prize, in 1967, was for stories that cleared two convicts of murder they did not commit. His second Pulitzer, in 1976, came for reporting that led to the release and pardon of Freddie Pitts and Wilbert Lee, sentenced to death for murdering two Panhandle gas station attendants. Plenty of people want Miller to crusade for them, but he thinks most “innocent-man” claims are baseless. When Mello called and asked him to review Spaziano’s case, Miller agreed—expecting that he would take a quick look and toss it aside. But his interest surged when he saw Joe McCawley’s name in Mello’s records. McCawley was the discredited hypnotist who some say implanted false memories in a key witness in the Pitts and Lee case. Here he was again in the Spaziano case, and his role was even more prominent. Police had no eyewitnesses or physical evidence tying Spaziano to the murder of 8-year-old Laura Lynn Harberts. Her body left to rot in a dump, was too decomposed to even determine cause of death. The sole evidence linking Spaziano to the murder came from a troubled 17-year-old who, under McCawley’s hypnosis, said Spaziano had taken him to a dump to show off the body. The teenager, an Outlaw wannabe, also said Spaziano bragged of mutilating Herberts’ genitals with a knife while she was alive—testimony that sealed a death sentence for Spaziano. Miller asked Miami polygraph examiner Warren Holmes to read Spaziano’s trial transcripts. Holmes had worked with Miller in most of his big miscarriage-of-justice stories. Miller considers Homes “a man with a ruthlessly logical mind” and “a superb homicide interrogator.” Holmes told Miller it was obvious that the 17-year-old lied in his testimony. He didn’t even get basic details of the crime scene right. [End of First Column] [Beginning of Second Column] Without conducting a single interview, Miller decided Spaziano was probably innocent. He was appalled that testimony induced by hypnosis—a practice since barred from trials as unreliable—would be enough to send a man to the chair. Yes, the highest courts in the land had blessed the fairness of Spaziano’s trial, including the hypnosis. To Miller, that still didn’t make it right. In Miller’s aggressive brand of journalism, the reporter’s mission is to find the truth and then persuade others to do something about it. When the clock is ticking on a man’s life, that can mean stepping outside the ordinary boundaries of Joe Friday “just the facts, ma’am” journalism. It can mean taking a side and advocating a position. It can mean lobbying a governor in person (as he did for Pitts and Lee)m or lining up legal help for the condemned (as he did for Pitts and Lee and others). To those who say journalists should remain neutral and objective, he responds simply: “ A man’s life is at stake. I think I’m doing the right thing.” Miller had Mello write an impassioned opinion piece raising doubts about the Spaziano case. Miller edited the piece and arranged its simultaneous publication in Sunday editions of the Herald, the Sentinel and the St. Petersburg Times. Miller also urged other editors at the Herald to dispatch a reporter to investigate Spaziano’s case. They decided to focus on a question that already had all but settled in their own minds: Did Spaziano get a fair trial? . . . Reporter Lori Rozsa has never covered an execution. Working out of Herald’s Palm Beach bureau, she writes mainly about the environment. When Gov. Chiles scheduled Spaziano’s execution for June 27, 1995, Rozsa’s editors asked if she had any qualms about witnessing an execution. She didn’t. She believes the Ted Bundys of the world probably deserve to die. Like Miller, Rozsa felt strong misgivings as she read through the trial records. The key to the case was the 17-year-old witness, Tony DiLisio. The prosecutor admitted he didn’t have a case without him. Rozsa, 35, flew to Pensacola to interview DiLisio. Nobody was home the first two times she visited. The third time he shut the door on her foot and threatened to call 911. The fourth time he said a few words then cut her short. Rozsa didn’t give up. On her fifth try, DiLisio began to talk. At first, he said he couldn’t remember a thing about the case. The longer he talked, the closer he edged toward saying his trial testimony had been a lie. He called hypnosis “witchcraft.” He said he was just a scared, confused kid. He said Spaziano never took him to the dump to see a body. [End of Second Column] [Beginning of Third Column] He said the execution should be halted. Rozsa’s gut told her DiLisio was being truthful. To her, it was significant that he had been so reluctant to talk. After the interview, Rozsa called Mello from her hotel. “She couldn’t believe it and I couldn’t believe it,” Mello recalls.” She was on cloud five or six.” Until then, Rozsa had remained skeptic about Spaziano’s claim of innocence. DiLisio’s recantation convinced her Spaziano was an innocent victim of an outrageous miscarriage of justice. “That sealed it for me,” she says. . . . Rozsa’s story describing DiLisio’s recantation ran on page one of the Herald on June 11. Remember, the murder occurred not in Miami, but near Orlando. As sometimes happens when newspapers get scooped in their own back yard, the Orlando Sentinel was slow to react to the story. The governor was not. He immediately asked the Florida Department of Law Enforcement to investigate. Days later, the Sentinel ran a short Associated Press story about the FDLE investigation. The story was buried inside the paper. When Chiles stayed Spaziano’s execution, the Sentinel finally had its own reporter write a story. In it, he included references to the Herald’s work. His editors at the Sentinel wanted to cut out any references to other newspapers. “They didn’t want to admit that the story got by us,” recalls the reporter, Michael Griffin, the Sentinel’s Tallahassee bureau chief. Griffin was upset with his newspaper. He had asked permission to pursue the Spaziano case after the Sentinel published Mello’s opinion article. “I read that and thought,’Holy Christ, this guy could be innocent,’” he says. His editors put him off, and the Spaziano story languished in another bureau of the newspaper. When Griffin read Rozsa’s page one story about DiLisio’s recantation, he thought,” This should have been our story. This is our story.” Griffin’s editors belatedly agreed and quickly threw a platoon of eight reporters at the story. But their mission was shaped by journalism principles far different from the ones guiding the Herald. “You don’t have an opinion in this case,” Sentinel editor John Haile told his news staff. Haile considered it “terribly presumptuous” for any reporter to judge the fairness of a 20-year-old trial and decades of subsequent appeals. “I’m not sure where we are vested with this authority to say,’We know better than you,’” Haile says. He didn’t want his reporters crusading. Spaziano deserved justice, but so did the [End of Page Three] [Beginning of Page Four] [First Column] Victim, Laura Harberts. “We didn’t set out to try and free anybody; we didn’t set out to try and convict anybody,” Haile says. “A reporter’s job is to go out and find the truth, whatever that may be. The Herald began with the question: Did Spaziano receive a fair trial? The Sentinel’s editors decided to focus narrowly on a different question: Is Tony DiLisio telling the truth now? Like Lori Rozsa before him, Michael Griffin went to Pensacola to interview DiLisio. But where Rozsa left DiLisio’s home certain his recantation was genuine, Griffin left his interview equally certain that DiLisio was lying. “I caught the guy in the first 15 minutes in a half-dozen lies,” Griffin recalls. DiLisio said he had been “Christian and clean” for more than a decade. Griffin knew DiLisio had been arrested twice for DUI, and twice more for hitting a former girlfriend. Rozsa’s and Griffin’s opposite impressions of DiLisio resulted in distinctively different coverage. Believing DiLisio’s recantation was bogus, Griffin and other Sentinel reporters wrote stories tearing into his credibility now. They explored his recent brushes with the law. They quoted friends and relatives who said DiLisio is a compulsive liar—but that he was telling the truth 20 years ago. Sentinel reporters emphasized DiLisio’s motives to lie now—possible fear of the Outlaws, maybe to cash in with tabloid TV. They dissected inconsistencies in his current story. They made not mention of the hypnosis checkered past. Certain DiLisio’s recantation was real, Rozsa and other Herald reporters wrote stories ripping into DiLisio’s credibility 20 years ago. They described him as a desperate, drugged-out teenager. They quoted friends and relatives who said DiLisio was a compulsive liar—but that he is telling the truth now. Herald reporters emphasized DiLisio’s motives to lie then—because Spaziano had supposedly raped DiLisio’s stepmother, because he wanted to please the police, because his father told him to. They dissected inconsistencies in his testimony from 20 years ago. They barely mentioned DiLisio’s recent troubles with the law. Rozsa would see Sentinel stories and wonder,” Are they reading the same stuff as me?” Griffin was no less dumbfounded by the Herald. “For the life of me I cannot understand how you can look at the same amount of material that we both looked at and come back with such widely different takes on this.” At times, Griffin felt he had to set the record straight. He thought the Herald painted too rosy a picture of Spaziano and his fellow Outlaws. Griffin, 34, grew up in Orlando, and he remembered the fearsome reputation of the local Outlaws in the 70s. There were tales of gang rapes and killings, and he recalled his parents keep- [End of Column One] [Beginning of Column Two] -ing him inside at night when women’s bodies began turning up in local dumps. After Spaziano was arrested for one of the “dump murders,” the newspapers were filled with Spaziano’s violent exploits. When Griffin wrote that Spaziano lived “a misfit’s life of spontaneous brutality and murder,” he says he was trying to counter the Herald’s depiction of Crazy Joe as a clownish charmer—”the most popular guy on death row.” “I was aiming that at his supporters, and I include the Miami Herald in that,” he says. On Aug. 24, 1995, Gov. Chiles reset Spaziano’s execution date. He said FDLE investigators turned up new evidence of Spaziano’s guilt, including witnesses who said DiLisio talked of seeing a body at the dump long before he talked to police and the hypnotist. The Sentinel had the story first. “It was a bad, bad day when Chiles signed that death warrant,” Rozsa recalls. She was upset at being scooped, of course. More deeply, she was upset that Spaziano seemed destined for the chair. Obviously I haven’t done my job,” she thought. If it came to it, she decided, she would not attend the execution. She could not bear to watch the electrocution of a man she believed to be innocent. . . . In politics, they say, perception can become reality. The same can hold true for journalism. In the Spaziano case, perceptions that the newspapers were biased only widened the split in the coverage. Spaziano’s attorney, Michael Mello, had assumed early on that the Sentinel would largely echo the Herald’s coverage, and he was thrilled when Griffin first called him about the case. Mello offered to open up his records to the newspaper. His strategy for saving Spaziano depended on generating sympathetic coverage that would put pressure on Chiles. When the Sentinel stories began to tail spin unfavorable to his client, Mello worried his strategy had backfired. The way he figured, the Sentinel was giving Chiles political cover to execute Spaziano. In response, Mello publicly labeled the Sentinel an “accomplice to murder.” He stopped taking Sentinel phone calls. He withdrew his offer to allow them full access to his files. He instructed Spaziano not to talk to the Sentinel. Tony DiLisio also clammed up on the Sentinel. The Herald—whom Mello referred to as his “investigative partner”—continued to get red-carpet treatment. Another key source was John Gordy, the FDLE agent in charge of the governor’s investigation into the Spaziano case. Early on, he spoke several times with Lori Rozsa. She impressed Gordy as a reporter who [End of Second Column] [Beginning of Second Column] Wanted to uncover what was “righteous and real.” But when Rozsa wrote a page one story about flaws and errors in Gordy’s investigation, Gordy felt betrayed. He and other law enforcement sources began to view Rozsa and the Herald as an extension of Spaziano’s defense team. “We ended our relationship,” he says. Gordy did not, however, end his relationship with the Sentinel. If anything, Gordy talked even more openly with Sentinel reporters. He fed them information he hoped would “set the record straight. One Sentinel story reported that DiLisio’s attorney declined comment, followed by this small dig: “He and DiLisio then walked down the street with a Miami Herald reporter, who first reported DiLisio’s recantation in June.” With key sources taking sides, perception became reality. “If you’re only hearing one side of the story, it’s kind of hard to be objective and balanced,” Griffin says. Editors and reporters at both papers say they strived to keep their stories balanced and their minds open. Sometimes fate interfered. Having written so much about Spaziano and DiLisio, Rozsa planned to write a profile of the victim, Laura Harbert. But Rozsa was pregnant, and her baby came several weeks early; the Harberts profile was scratched. To the discomfort of the reporters, both newspapers fueled perceptions of bias—and not just with their editorials (Herald—free him; Sentinel—fry him.) The Herald helped line up one of the state’s best law firms to represent Spaziano for free. And Gene Miller wrote a several page letter to Ron Sachs, the governor press secretary, explaining “why I think the state is very close to executing a man who in all probability is innocent.” In the letter, Miller offered to make Rozsa available to the governor, even providing her home number. (“I was wondering why he did that,” Rozsa says.) The Sentinel, on the other hand, ran this page one banner headline last month, on the first day of a crucial court hearing to decide whether Spaziano should get a new trial: “Former Outlaw: Spaziano Enjoyed Killing.” (Michael Griffin cringed when he saw that. “The headline,” he says,”was just way over the top.”) . . . In the Herald newsroom, some suspected the Sentinel of climbing into bed with the governor’s office to knock down [End of Fourth Page] [Beginning of Fifth Page] [Heading] At the Miami Herald [Photograph of Gene Miller] Gene Miller, a Miami Herald editor, had won two Pulitzer Prizes crusading against unfair convictions. [Photograph of Lori Rozsa] Herald reporter Lori Rozsa wasn’t sure if Spaziano was innocent until after the state’s star witness told her his trial testimony was a lie. [Heading] The witness [Photograph of Tony Dilisio] Tony Dilisio testified in 1976 that Spaziano showed him the victim’s body; 20 years later, he took it all back after Rozsa knocked on his door. [Heading] At the Orlando Sentinel [Photograph of John Haile] Sentinel editor John Haile didn’t want his reporters trying to judge whether Spaziano received a fair trial 20 years ago. [Photograph of Michael Griffin] Reporter Michael Griffin says he has never worked harder on a story. “I’m proud of the newspaper, proud of the way we did this story.” [Column One] their findings. What better what ease the sting of being scooped on your home turf? At the Sentinel, some suspected the Herald of climbing into bed with Spaziano’s attorneys. What better way to win a Pulitzer Prize than to get a guy off death row? People at the Herald took offense when a Sentinel reporter asked one of their writers,” Has the Herald lost its objectivity on the story?” Likewise, some at the Sentinel were angered by a letter Gene Miller wrote to the editor of the Sentinel’s editorial page, an old friend of Miller’s. Miller argued for Spaziano’s innocence and he included copies of the Herald’s coverage. In the Sentinel newsroom, Miller’s letter was taken as arrogance and insult. As if they hadn’t been reading the Herald’s coverage! Years ago, in college, Michael Griffin was an enthusiastic proponent of the death penalty. Then he read Invitation to a Lynching, Gene Miller’s 1976 book about the Pitts and Lee case. The book left him far more skeptical of the death penalty, though not quite an opponent. It also made him an admirer of Miller and his brand of crusading journalism. Covering the Spaziano story has changed Griffin’s mind—about Miller and the death penalty. “I am 100 percent opposed to the death penalty,” he says. How can the ultimate punishment possibly be fair if it is subject to the whims and judgments of newspapers? “Cops don’t matter, prosecutors don’t matter, judges don’t matter, juries don’t matter. Gene Miller is all that matters,” Griffin says bitterly. “He’s gonna sit back 20 years later and decide this guy is innocent.” So which newspaper got it right? Only Spaziano knows for sure. Last month a judge granted him a new trial. “In the United States of America every person, no matter how unsavory, is entitled to due process of the law and a fair trial,” the judge ruled. “The defendant received neither.” Prosecutors are appealing. It could be months before that appeal is resolved, and even longer if a jury ever gets a chance to sort through this tangled case. If and when that happens, count on one thing. The Herald and the Sentinel will be there, each in pursuit of the truth. Times researchers Kitty Bennett and Carolyn Hardnett contributed to this story. [End of Article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Barstow, David Contributor of the Digital Item Person submitting the digital item to the collection. Debes, Elizabeth Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The two Crazy Joes Subject The topic of the resource Spaziano, Crazy Joe Description An account of the resource As two newspapers, the Herald and the Sentinel, cover the same story of Joseph "Crazy Joe" Spaziano, they report two completely different stories. David Barstow evaluates why these two reliable newspapers published two different views of the case, as well as asking the question of which one was correct in the end. Creator An entity primarily responsible for making the resource Barstow, David Source A related resource from which the described resource is derived Barstow, David. "The two Crazy Joes." St. Petersburg Times, February, 1996. 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 02-25-1996 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 5 JPGS Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant St. Petersburg, FL "Crazy Joe" Spaziano 1995 Against Execution court cases Court decisions and opinions. criminal defense death penalty Florida capital sentencing statute Florida death penalty Florida Death Row Florida newspapers Gene Miller newspaper The Herald The Sentinel https://hist299.umwhistory.org/files/original/e7da01c8b81b0683584aa3442210a6bd.jpg 47bc3a00e57c5aca82a62662361025f9 https://hist299.umwhistory.org/files/original/12eaa3d1cc3dbf9ac1785acc1cceafcd.jpg aa103e5ca6186728d224e9bdd9d969e5 https://hist299.umwhistory.org/files/original/d25eb17789286307070891ccf96401f4.jpg 23bd598accdc014eb74ecd34fef8f77f https://hist299.umwhistory.org/files/original/925b6e4f30feb7ae52523f60a9723fa9.jpg 936211b0001771cc3ceaff33d1002b3c 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 Vol. No./Issue No. Volume and issue number for the newspaper (if available) vol. 136, issue 229 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. Weber, Sophie Text Any textual data included in the document [Newspaper Title] Rutland H [Subheading] Vol. 136-No. 229 Rutland, Vermont Copyright Monday Morning, September 23, 1996 [Article Title] Cantini Case Highlights Board Action [Start column] MANCHESTER-Lawyer Gerald Cantini has hired many attorneys over the last few years-to handle his divorce, to defend him in malpractice suits, and now, to represent him in a pending professional misconduct investigation. But Cantini’s relationship with two lawyers who chaired the state panel that oversees legal ethics in Vermont has raised questions about whether the board failed to act promptly in a pair of disciplinary cases brought against him. J. Eric Anderson, who chaired the conduct panel from 1989 to 1993, waited nine months before finally blowing the whistle in 1994 on Cantini for allegedly cheating clients, according to former members of their staff. Cantini and Anderson shared an office at the time and Anderson was Cantini’s lawyer in a divorce. Deborah Banse, the lawyer who succeeded Anderson as head of the conduct board, signed a letter, meanwhile, dismissing a unrelated complaint against Cantini while also representing him. Anderson’s hesitancy to move against Cantini, and the appearance of conflict of interest on Banse’s part, may add fuel to the debate over the conduct of the Professional Conduct Board, the 15-member panel that polices lawyers in Vermont. Lawyers who have defended clients before the board have questioned recently whether the disciplinary process itself has adhered to the highest standards of ethics and fairness. Responding to some of these concerns, the Vermont Bar Association named a committee last week to review the lawyer disciplinary process. [Section Title] Possible Conflicts The Cantini case raises questions about lax enforcement and delayed investigation of misconduct allegations because of his ties to former chairs. Anderson, Banse and Cantini all practice in Manchester. The information about their cases comes from conduct board documents, affidavits filed with the board, Bennington County court files, depositions taken in connection with a malpractice lawsuit, and interviews with the principals. Both Cantini and his attorney, Peter Hall of Rutland, declined to comment last week. Cantini has been the target of five malpractice suits in recent years and two complaints to the conduct board, a 15-member panel that enforces the state lawyer disciplinary code. The first complaint dates back to 1989, when Dorset resident Katherine Graf accused Cantini of conflict of interest because he allegedly drafted a defective contract while representing both Graf and a building contractor she had hired. But this complaint-involving a serious allegation of ethical violations- languished at the board for years. Finally, in 1994, conduct board chair Banse wrote a letter dismissing the complaint, citing the length of time that had passed and the difficulty in finding witnesses. Banse said in her letter, however, that the panel had warned Cantini to “familiarize himself fully” with the profession’s conflict of interest standards. Banse said in an interview that she removed herself from all conduct board matters involving Cantini. She said she signed the letter because “it was my job.” [Bottom of page] See Page 9: Case [End page] [Start page] [Section title] Divorce Dispute [Start paragraph] But Banse was drawn into the next misconduct complaint filed against Cantini because of her work for him in his fiercely contested divorce case unfolding in 1994 in Bennington Superior Court. On the day after she wrote the letter dismissing the conflict of interest complaint, Banse appeared in Bennington Family Court on Cantini’s behalf. The conduct board chairwoman was fighting a motion for contempt brought by Cantini’s ex-wife in an alimony dispute. Cantini testified that both his health and deteriorating legal practice made it impossible to meet his obligations. He claimed to have earned only $15,000 in the first six months of the year, according to court records. But Cantini’s legal assistant, Judi Michel, said in an interview that Cantini was paid more than $15,000 for out-of-pocket expenses alone. In an affidavit filed with the conduct board, Michel said Anderson -- then a member of the conduct board and Cantini’s office-mate – returned to the office that day and referred to Cantini as “a master of deception.” Anderson was present in court as a spectator, according to Michel. As for Cantini, when he came back from the courtroom “he told me he cried in front of Judge (Richard) Norton and Norton ‘fell for it,’ ” Michel wrote. Norton denied the motion for contempt on the grounds that Cantini could not afford to pay alimony, according to court records. [section title] Early Warnings [start paragraph] Despite Cantini’s testimony, both Anderson and lawyer Robert Hartwell, who also shared offices with Cantini, did not report him, Michel said. Then in August 1994, Michel sat down with Anderson and Hartwell and reviewed the office’s trust account ledger, Cantini’s billings and other evidence she had compiled, according to the affidavit. “I told Eric (Anderson), ‘If you don’t report Gerry … I’m going to do it,’ “Michel said in an interview. “This is after being after him since Thanksgiving of ’93 to August of ’94. He (Anderson) didn’t want to get involved.” Bookkeeper Jan Kelley recalled in an interview that she met with Anderson around November 1993 and told him about Cantini’s orders “not to record income” and “to put certain bills through the office account that were really personal.” “I thought he should do something,” Kelley said of Anderson. “I didn’t think what was being asked of me was proper conduct. And I didn’t believe as a bookkeeper I should be doing what was asked of me.” Kelley also contends that she raised questions earlier about $5,000 that appeared to be missing from a client’s trust account. Anderson acknowledged in an interview that he did not act immediately when staff members came to him in 1993 with ledger sheets showing Cantini had allegedly dipped into a trust account. Although they shared an office, Anderson has denied legal claims that he was Cantini’s partner. But the allegations against Cantini did not gain momentum until he took the witness stand on the alimony issue and allegedly misled the judge, according to Michel. Anderson cited Cantini’s courtroom testimony in the complaint he filed with the conduct board, nine months after the staff members first came to him. Anderson, in his letter to the conduct board outlining his allegations, called attention to the fact that Deborah Banse, the conduct board chair, was also Cantini’s lawyer. The complaint accuses Cantini of taking money from the trust account, charging excessive fees and then hiding his income to avoid paying alimony. “I think its important that you know that Deborah Banse is representing Gerry in connection with his ex-wife’s efforts to collect alimony,” Anderson wrote to Shelley Hill, who prosecutes cases before the conduct board. “I hope that this matter will be discussed with Deborah and that you and/or Deborah will feel free to talk to me about this matter at any time.” Michel, the former legal assistant and office manager, said Anderson only files the complaint after she threatened to. And she said the conduct board bungled its initial investigation and has dragged its feet since then. Michel said in an interview that former conduct board investigator Anne Buttimer served Cantini with a subpoena in October 1994. “She wasn’t out that door a half hour and Gerry (Cantini) is pulling out filed to take out,” Michel said. Michel said she called the conduct board in a panic, urging them to protect the documents that would incriminate Cantini. “They’re supposed to be the policing agency. I’m a secretary,” said Michel. “Why am I calling them up to secure the records?” According to bookkeeper Kelley, the subpoena was served nearly a year after she and Michel first approached Anderson with their concerns about Cantini. But Anderson said he wanted to be convinced of the allegations. “I wanted to be sure myself of what the people on the staff were saying,” Anderson said. “This is nothing I did lightly. When other lawyers are faced with having to report another lawyer, it’s not done lightly.” [End page] [Start page] [section title] Banse’s role Anderson represented Cantini in Cantin’s divorce before Banse took that job. He said last week that he told Banse of his concerns about Cantini’s conduct around the time he filed the complaint. “I said she needed to consider that she stop representing him,” Anderson said. Banse was asked in an interview why, when she was the chairwoman of the Professional Conduct Board, she did not drop Cantini as her client after he had been accused of misconduct. “I was never told the substance of any complaint,” she said. But Michel confirmed Anderson’s version of the story, saying she and Banse discussed the allegations of misconduct in full. Court documents show that Cantini replaced Banse with another attorney six months after Anderson filed the complaint with the conduct board. By the time the board formally opened the second investigation against Cantini in July, Banse had finished her term as a member, Banse, however, was chair of the conduct board in 1994 when she signed the letter dismissing the conflict of interest complaint against Cantini. Banse’s letter of June 1994 did not mention that Cantini had been her client since February of that year. In the letter dismissing the complaint, Banse said the case was old and that the board had difficulty in finding witnesses. Conduct board records show, however, that cases equally old were resolved by either a private admonition or public reprimand. Anderson did not fault Banse for writing the letter dismissing the Graf complaint while she represented Cantini. “Those kinds of letters are completely ministerial. It could have been a secretary signing it. … I’m sure Deborah Banse had nothing to do with the decision” to dismiss the complaint, he said. But professor Michael Mello, who teaches constitutional law and legal ethics at Vermont Law School, said that Banse should not have signed the letter dismissing the Cantini complaint if she was also his lawyer. “As a technical matter I think she clearly should not have signed the letter,” said Mello. “Someone else in the chain of command can come forward and do it. The biggest problem it seems to me is that it creates an appearance of impropriety.” [section title] Praise for Banse The current chairman of the Professional Conduct Board, Middlebury lawyer Robert Keiner, said in an interview that Banse was “highly respected” as chairwoman of the conduct panel. But without commenting on the specifics of the Cantini case, Keiner said a conduct board chair should probably not sign a letter dismissing a misconduct complaint against a client. “I’m not sure under the circumstances you’ve spelled out that the code necessarily mandates that. But in order to avoid exactly what we’re going through now, apparently, it might have been more prudent at the time to simply … step aside and let the vice chair deal with it or let the entire board deal with it,” Keiner said. Although emphasizing he was not commenting on any specific case, Keiner said the code of professional conduct also requires lawyers to report allegations of attorney misconduct, as long as the information was not acquired through the attorney-client relationship. No public records are kept of the board’s votes when they dismiss a complaint. The board rules say that misconduct complaints that do not lead to formal charges are secret. Wendy Collins, a lawyer who serves as counsel to the Professional Conduct Board, said she could not comment on questions about Banse because of the confidentiality issue. [section title] Other Cases Cantin’s attorney, Peter Hall, cited the conduct board’s confidentiality requirements when declining to comment last week. “I’m not aware of any public complaint against Gerald Cantini, nor have I seen anything purporting to be issued by the Professional Conduct Board in this matter,” he said. “My understanding under the rules that govern the PCB is all such complaints are in fact confidential, and should not be, and as a result won’t be, the subject of any public discussion by me on behalf of my client. Although the conduct board warned Cantini in June1994 to “familiarize himself fully” with the profession’s standards on conflict of interest, he has been sued twice over that issue since. In September 1994, the former owners of the Arlington Inn filed a [new page] Mello, the law school professor, questioned whether the proceedings should be secret. Even frivolous complaints should be public, he said. “I think the whole thing should be open. If someone files a frivolous lawsuit there are ways to deal with that. It’s unfortunate frivolous complaints might be filed against a lawyer. It’s unfortunate frivolous malpractice cases are brought against doctors. That doesn’t mean we keep them secret,” he said. Anderson said that regardless of what the conduct board’s critics think, “the board members work very hard at this job. They take it very seriously. I think they are, at least when I was on the board, fair-minded.” Anderson served on the conduct board from 1984 to 1993. He was chairman during the last four years of his tenure, presiding over the board while the Graf complaint was pending. Anderson said he could not recall being involved in any conduct board case concerning Cantini. [End page] [new page; start paragraph] lawsuit in Bennington Superior Court claiming that Cantini failed to disclose a conflict when he helped them buy the property. Robert and Sandra Ellis paid nearly $1.5 million for the inn in 1991 and then lost it through foreclosure. They argue that Cantini should have told them he was connected to the real estate firm that represented the seller of the property. In the most recent malpractice case, Ernest Salo or Winhall contends that he was duped in 1992 by Cantini and his own brother intro signing a quit-claim deed rather that a mortgage deed on his house. Cantini is alleged to have represented both brothers. The lawsuit was filed in May. Two other malpractice lawsuits against Cantini were recently settled out of court for undisclosed sums. Cantini settled with the parents of a Manchester youth who was convicted of molesting two minors. The Vermont Supreme Court overturned the conviction in 1992, ruling that Cantini provided “ineffective” counsel. Cantini also settled with Cheryl Bentsen, who sued him for allegedly mishandling her divorce. Bentsen’s attorney, Deborah Bucknam, told the court that she would prove that Cantini failed to keep track of time he billed Bentsen for. Bucknam also said she would show that Cantini failed to adequately represent Bentsen because he was embroiled in his own divorce. Bucknam told the court that there would be “extensive testimony” that Cantini took “extraordinary, including illegal, steps to avoid alimony payments” in his own divorce case. [End page] Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Cantini Case Highlights Board Action Creator An entity primarily responsible for making the resource Crabtree, Peter Dillon, John 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 1996-09-23 Source A related resource from which the described resource is derived Crabtree, Peter and John Dillon. “Cantini Case Highlights Board Action.” Rutland H, September 9, 1996. Description An account of the resource Lawyer Gerald Cantini has been sued and gone to court many times because of his divorce, malpractice suits, and in multiple investigations. He has had multiple lawyers defending him during his trials but they tend to quit due to his difficult nature. 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 4 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Rutland, VT Subject The topic of the resource Divorce Malpractice--United States https://hist299.umwhistory.org/files/original/5f0a233f088aadf6da81a772b7c032ab.jpg 2099bf09d794ac930221d09d0c579f76 https://hist299.umwhistory.org/files/original/cca1408ee1af19bb73d70782375bed2f.jpg 8d2a0ee5192d1ef9d2abaf000526c779 https://hist299.umwhistory.org/files/original/81ad9a4b7f615b2509bc307c38922fbf.jpg 973cb8a2e7ff0f4927b09451e21bdac0 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] Justices chided for overturning 5 high-profile homicide case [Author] Mike Donoghue Montpelier -- A recent string of convictions overturned in several high-profile cases, including five homicides, has no common thread and might be rooted in the independent nature of the Vermont Supreme Court. Michael A. Mello, a Vermont Law School professor, and David Putter, a Montpelier lawyer, are among the legal scholars giving the high court top marks for independence in tough cases. "There does not appear to be a common thread," Putter said. "Obviously, they have a lot of cases they didn't overturn." Putter said he doubts the justices enjoy overturning cases, but have a duty to make sure trials are fair. The more complex the case, the more likely an error is made, he said. Overturning five homicide cases in one year has netted the court public criticism from the family of victims, jurors, one prosecutor and even Gov. Howard Dean. Records indicate that 15 out of 22 homicide convictions have been upheld in recent years. The criticism fails to loosen the lips of Vermont Chief Justice Frederic Allen. Allen said recently he never comments on cases even when they are considered closed because they sometimes have a way of being reopened. Mello said the homicide reversals by the Supreme Court are based on different fact patterns. Mello, at the request of The Burlington Free Press, recently reviewed the reversals in four homicide cases: Rebecca Durenleau in Chittenden County, Christopher Bacon in Windham [end page one] [start page two]County, and Monica Pollard and Wayne Delisle in Franklin County. The Supreme Court said: -In Durenleau, the verdict was incorrectly based on the jury's conjecture. -In Bacon, the trial judge erred when he explained the concept of intent. -In Pollard, there was inadequate proof in the court record to show he was competent to enter a guilty plea. -In Delisle, the judge erred in his instructions on whether the defendant could be found guilty of manslaughter, a lesser offense. Mello praises the court for overturning Delisle's murder conviction. Mello noted he is working on the appeal for a Florida death row inmate and the U.S. Supreme Court rejected the same argument. Mello, who has taught at the law school in South Royalton for eight years, said the Vermont court, in overturning other cases, is a strong believer in protecting rights of citizens, especially when it comes to search and seizure. Reaction and change Former Chittenden County State's Attorney William Sorrell was among those livid by the high court's overturning the 1992 conviction of Rebecca Durenleau for helping her then-lover Harmon Olmstead kill her husband, Michael Durenleau, in 1985. The high court said the jurors had used too much circumstantial evidence to convict the woman and had to leap too far to connect The justices [image - Frederic Allen, labeled: Name: Chief Justice Frederic Allen Date of birth: May 31, 1926 Residence: Shelburne Family: Wife, Karen McAndrew; two sons and two daughters Background: Born and educated in Burlington. 1951 graduate of Boston University Law School, Burlington alderman, private practice with Dinse, Allen and Erdmann 1951-84. Named chief justice in 1984.] [image - Ernest Gibson, labeled: Name: Associate Justice Ernest Gibson Date of birth: Sept. 23, 1927 Residence: Montpelier Family: Wife, Charlotte; one son and two daughters Background: Born and educated in Brattleboro. 1956 graduate of Harvard Law School, former state's attorney and legislator from Windham County, chairman of the Public Service Board in 1963, elected a Superior Court judge in 1972. Appointed to Supreme Court in February 1983. ] [image - John Dooley, labeled: Name: Associate Justice John Dooley Date of birth: April 10, 1944 Residence: South Burlington Family: Wife, Sandra Background: Born and educated in Nashua, N.H. 1968 graduate of Boston College Law School, head of Vermont Legal Aid, secretary of administration for governor. Appointed to the court in June 1987.] [end page two] [start page three] her to the death. In a rare move, the court set Durenleau free instead of ordering a new trial. Although the case angered the public, there appeared to be no doubt in the mind of the high court. The diverse court had no dissenting opinions. Sorrell, who has been mentioned as a possible successor to Allen when he retires in the spring, said the court did not have the benefit of hearing the testimony or noting the demeanor of witnesses. Sorrell's criticism of the court is rare among lawyers for two reasons: The Supreme Court is in charge of discipline, and most losing lawyers know they are likely to have more cases before the justices. Nothing can be done when the court says there was too little evidence, as in Durenleau's case. After other Vermont Supreme Court rulings, the Legislature has passed new laws to overrule the effect a court decision can have in future cases. Former Attorney General M. Jerome Diamond said he won a workman's compensation claim on appeal and the next session of the Legislature, lawmakers passed a law prohibiting others from winning under similar circumstances. Putter agrees with Diamond. Putter noted the court can make "bad law," as when it upheld the conviction of the killer of policeman Edward Battick, but ruled the mandatory life sentence actually meant up to life and parole was available immediately. The Legislature later passed laws establishing new sentences for first- and second-degree murder and allowed for life sentences without parole. Diamond said he would not be surprised if the Legislature were asked to eliminate the three-year statute of limitations for manslaughter because of the Delisle case and a similar Chittenden County case. [image - James Morse, labeled: Name: Associate Justice James Morse Date of birth: Sept. 11, 1940 Residence: Charlotte Family: Wife, Gretchen; two daughters Background: Born in New York City and educated in Eastchester, N.Y; 1969 graduate of Boston University Law School, defender general and Superior Court judge. Appointed to Supreme Court in 1988.] [image - Denise Johnson, labeled: Name: Associate Justice Denise Johnson Date of birth: July 13, 1947 Residence: Shrewsbury Family: Husband, Thomas Wies; a son and a daughter Background: Born and raised in Wyandotte, Mich. 1974 graduate of University of Connecticut Law School, Vermont Law School teacher, assistant attorney general 1980-88, Vermont Human Rights Commission 1988-90. Appointed to the Supreme Court in December 1990.] [end page three] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newpaper Contributor of the Digital Item Person submitting the digital item to the collection. Hobbs, Sophia 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 Justice chided for overturning 5 high-profile homicide cases Subject The topic of the resource Homicide--Law and legislation Vermont. Supreme Court Description An account of the resource In 1995, five homicide convictions are overturned by the Vermont Supreme Court. Michael Mello praises justices for overturning murder convictions. Creator An entity primarily responsible for making the resource Donoghue, Mike Source A related resource from which the described resource is derived Donoghue, Mike. "Justices chided for overturning 5 high-profile homicide cases." The Burlington Free Press, October 8, 1995. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-10-08 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 3 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Montpelier, VT homicide Michael Mello Vermont Vermont Supreme Court https://hist299.umwhistory.org/files/original/927306cb3181277414fb3d5601f72744.jpg db01384ce48841a168d99de80e5aa034 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 Student Editor of the Digital Item Williams, Megan Contributor of the Digital Item Person submitting the digital item to the collection. Lee, Tessa Text Any textual data included in the document <span style="font-size: medium;">[title] Parent-child privilege has little precedent</span><br /><br /><span style="font-size: medium;">By Mike Donoghue Free Press Staff Witter</span><br /><br /><span style="font-size: medium;">Arthur and Geneva <span class="mceItemHidden"><span class="hiddenSpellError" pre="">Yandow</span></span> faced an uphill battle when they asserted that as parents they <span class="mceItemHidden"><span class="hiddenGrammarError" pre="">should not be</span></span> forced to testify against their son, a rape suspect.</span><br /><br /><span style="font-size: medium;">No state recognize the privilege, but a Vermont Law School professor said they should hold their ground and appeal to the U.S. Supreme Court.</span><br /><br /><span style="font-size: medium;">Professor Michael Mello knows the parent-child issue well. He helped defend a woman who refused to tell a Washington, D.C., court the whereabouts of her daughter. The mother suspected her divorce husband of molesting the child during court order visits. The mother went to jail in August 1987 for two years <span class="mceItemHidden"><span class="hiddenGrammarError" pre="">rather then</span></span> have her 9-year-old daughter visit her father.</span><br /><br /><span style="font-size: medium;">Courts recognize that some people have special rights when it comes to certain communications. They include doctor-patient, priest-confessor, counselor-client, journalist-source, lawyer-client, and husband-wife. Some <span class="mceItemHidden"><span class="hiddenGrammarError" pre="">are based</span></span> on common law, and others <span class="mceItemHidden"><span class="hiddenGrammarError" pre="">are based</span></span> on state laws.&nbsp;</span><br /><br /><span style="font-size: medium;">There appears <span class="mceItemHidden"><span class="hiddenGrammarError" pre="">to be</span></span> little support in the courts to extend husband-wife privilege to parent-child, Burlington lawyer Noah Paley said. Paley, who also has an interest in medical-confidentiality issues, noted that in cases involving doctors, counselors or lawyers, the person is seeking a professional service.</span><br /><br /><span style="font-size: medium;">Dr. Arnold <span class="mceItemHidden"><span class="hiddenSpellError" pre="">Golodetz</span></span> pf the Vermont Ethics Network agreed. He noted that a husband-wife or parent-child privilege is not based on a <span class="mceItemHidden">commercial</span> relationship.</span><br /><br /><span style="font-size: medium;">Jane Kirtley of the Reporters Committee for Freedom of the Press said journalists have a constitutional protection under the First Amendment.</span><br /><br /><span style="font-size: medium;">"Journalism is the <span class="mceItemHidden">one</span> <span class="mceItemHidden">business</span> protected by the <span class="mceItemHidden">Constitution</span>," the Arlington, Va., lawyer said.</span> 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 Parent-child privilege has little precedent Subject The topic of the resource Parents should not have to testify against children committed crimes in court. Description An account of the resource No state recognize the child/parent privilege when it comes to testifying in court cases. Many argue they should appeal to the Supreme Court. Creator An entity primarily responsible for making the resource Donoghue, Mike Source A related resource from which the described resource is derived Donoghue, Mike. "parent-child privilege has little precedence." The Burlington Free Press Newspaper, March 29, 1996. 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 1997-03-29 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 jpg 300 DPI Language A language of the resource English https://hist299.umwhistory.org/files/original/8c7cb7a9c78e95163e358f4944bd188f.jpg a710c7f0a20da86ab6901ee74e52ca7a https://hist299.umwhistory.org/files/original/cf676fc68b73c86c67287ec3a42d03e5.jpg 7f100938c8657e10003e97ee89aaf9ad https://hist299.umwhistory.org/files/original/b1d476a5fd7e114d2a78345dda13c92b.jpg 9a0d75bdb2eb91157f7edf2422c24f5d https://hist299.umwhistory.org/files/original/5c12fe34288d9b6a16ec29e2cfd0f227.jpg 25a87680b848411e215304483ed8fbda https://hist299.umwhistory.org/files/original/80eb0bc18f327a4e673bcd31850fdaa4.jpg 7aaa9c1923d26fac1ea5e67653727b3a https://hist299.umwhistory.org/files/original/4d4da5b4700debcf242f6b71b4261161.jpg a9302b1ddd8d48715cae21fabd73cdf5 https://hist299.umwhistory.org/files/original/979e111bdec39d30ca5d7cc8b2bae431.jpg 458cb6261108050abf5c2832f172c561 https://hist299.umwhistory.org/files/original/c61aaeed3d162b0c040d06952ae04cea.jpg 9c1da7152fa7a68e487338fee294d8cc 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 1] Cover Story/Page 8<br />[title]Current Events<br />[subtitle] This is Florida's electric chair. And here is the story of how two newsperps fought over wheter a man dervered to die in it [End Page 1]<br /><br />[Page 2]<br />[title]Current Events<br />[subtitle] Orlando's hometown newspaper thinks a killer might get off because The Miami Herald crusaded on his behalf. Whose truth is right?<br /><br />On Jan, 22, a Seminole County circuit judge granted Joseph "Crazy Joe" Spaziano a new trial on a 20- year-old conviction for murder. The ruling, now on appeal, capped an eight-month legal [crusade] and presumably shocked readers who followed the story in The Orlando Sentinel. <br /><br />Those who read The Miami Herald, however, were likely less surprised. Indeed, the two papers' competing, sometimes conflicting reports carried over into editorials following Judge O.H. Eaton Jr.'s ruling. "Justice awakens," crowed the Herald. “Justice clearly cheated,” huffed the Sentinel.&nbsp;<br /><br />Who was right? <br /><br />In a way, both. A Herald reporter and editors read Spaziano's trial transcript, passed it off to experts, and [concluded] that the state's star wit- ness against Spaziano, Tony DİLisio, lied when he told a jury here in 1976 that Spaziano had shown him two bodies in a dump. The Herald's reporting raised the idea that DiLisio's original testimony sprang from a suggestive hypnotist, and that he was fed details by authorities who may have promised him lighter punishment for juvenile crimes. The Herald also [resurrected] DiLisio's past with an abusive father and a stepmother Who had some kind of sexual [page end] <br /><br />[page start] relationship with Spaziano, and therefore every motive to use their sons as a way to get back at him. To the question of whether Spaziano received a fair trial based on the paper [concluded] no. <br /><br />But the Sentinel countered with reports from law [enforcement] experts and others, includ- ing the former “old lady" of the once fearsome biker Spaziano, plus two of his brothers, who say Spaziano was involved in other murders and rapes. Darcy Fauss, who lived with Spaziano for about 18 months when he was on the lam, described him to the Sentinel as a sadistic gang enforcer who kept her in virtual slavery. To the question of whether Spaziano is a killer, some former associates say yes. Yet his only conviction for [murder] has now been reversed, and a new trial ordered.<br /><br />The discrediting of DiLisio creates a huge burden for the state to make its case again. But just as difficult is the question that served as undercurrent to the recent coverage: Can Florida afford to put a vicious thug back on the street because prosecu- tors and police did a poor job 20 years ago? Conversely, can Florida afford a standard [justice] that would execute a man based on dubious, and perhaps concocted, evidence? <br /><br />Together, the two papers did an unparalleled job of exploring the complex underpinnings of a death row case. Separately, [however], each paper subtly snubbed the truths reported by their rival, to their readers' detriment. “Orlando Sentinel readers who picked up the Herald on any given day were probably [confused]," posits Ron Sachs, until recently a spokesman for Gov. Chiles, who had signed Spaziano's execution order. <br /><br />If the Sentinel and the Herala competed directly for readers—a once common fact only rarely seen among newspapers today—the Spaziano case would have boosted the circulation of both and fomented a lively debate among readers across their [coverage] area. But because each paper dominates in its own [market], nobody except news [professionals] and elites like Sachs saw the alternative arguments. <br /><br />As efforts to deregulate [communications] hit their stride and leave ever-diminishing circles for competing viewpoints, the Herald-Sentinel contest serves as a parable of sorts for the age of media monopolies<br /><br />Lori Rozsa of the Herald says she took the assignment to check up on the Spaziano case. because it was her turn. <br /><br />Spaziano was only weeks away from his scheduled execution June 27 in the electric chair for killing Laura Harberts, an 18- year-old Orlando hospital clerk. A reinterview of DiLisio, his accuser, would be a routine part of Rozsa's job. <br /><br />"I totally expected him to say I stand by my story; leave me alone," Rozsa says. <br /><br />But DiLisio said he didn't remember his testimony of 20 years earlier. Rozsa didn't believe him. "I kept saying, 'How could you not remember your testimony in a murder case?" <br /><br />Rozsa returned several times to DiLisio's North Florida home with more questions. Finally DiLisio cracked. He said he had made up his testimony against Spaziano, then a member of the Outlaws motorcycle gang, at the urging of police. Suddenly the Herald had a major story. <br /><br />Suddenly all hell broke loose.<br /><br />Along with supportive [editorials] in the St. Petersburg Times, the Herald's coverage caused Chiles to stay the execution. He then ordered the Florida Depart- ment of Law Enforcement to investigate even as Spaziano's Lawyers pushed for a new trial and all before the Sentinel ran a [page end] <br /><br />[page start] single, locally reported place on what should have been, for them, a local story. <br /><br />The FDLE review convinced Chiles to sign another death war- rant. But the Florida Supreme Court ordered a hearing on DILASIO's wavering. Herald edito- rials called for a new trial, while it's news coverage questioned the FDLE report's accuracy. The Sentinel, investigating on its own, lamented the slow pace death penalty justice in its edito- rials and began running stories attacking DiLisio. <br /><br />The newspapers even sniped at one another's reporters. <br /><br />The competition had been sparked in early summer, when Michael Mello, a Vermont law professor who was then Spaziano's lawyer, began urging Gene Miller, a Herald editor, look at the case. For 19 years Spaziano had languished on death row, despite four death warrants. His case had been reviewed 16 times, including once by the U.S. Supreme Court. <br /><br />Miller, who had won a Pulitzer Prize for reporting that overturned another death row conviction, was intrigued. No physical evidence tied Spaziano to Harbert's death and, indeed, the body was so decomposed by the time it was discovered that medical examiners could not even fix a cause of death. Another body found at the same site has never been identified. <br /><br />More troubling was this: Tony DILisio, a 17-year-old acid haad and biker wannabe at the [page end] [page start] Miami cop and founding chair- time of the trial, had been hyp- notized by the same man who had elicited tainted testimony in the earlier overturned case. The Florida Supreme Court banned the use of hypnosis-enhanced testimony in 1985, saying it was inherently unreliable. But the ruling was not retroactive. <br /><br />Mello sent the case file to Miller, who in turn shared it with Warren Holmes, an ex- man of the American Polygraph Association's case review com- mittee. Having read hundreds of murder cases in his 40-year career, Holmes bills himself as an expert in sniffing out perjury, and claims to have worked on major cases from the John F. Kennedy assassination to the William Kennedy Smith rape trial. "I got the file and read it over Memorial Day weekend," he says. "I went back and said DILisio lied through his teeth and they should look into it." <br />And so they did. <br /><br />Mello had written a fiery op ed piece pleading for a new trial, and Miller called friends at the Sentinel and The St. Petersburg Times and asked them to run it as well. It appeared in all three on June 4-seven days before the Herald's first report. <br /><br />"We ran the original plece that Mello wrote," says John Halle, vice president and editor of the Sentinel, But the piece arrived too late for Sentinel editors to confirm its veracity. "We did some research," Haile says. "We wanted a of another point of view, and then we wanted to do a little poking around." <br /><br />The result of the Sentinel's poking, published a month after Mello's op-ed piece and in the midst of the FDLE investigation, was a July 2 story that ques- tioned the assertion by Spaziano's supporters that he was a veritable martyr, and delved into DiLisio's claims to be reformed alcoholic and born- again Christian who had straightened out his life. 64 [page end] <br /><br />[page start] A former state attorney pro- nounced Spaziano "a cold-heart- ed killer," while a check on DILisio found nine Florida arrests, two recent DUIS and a pending court date for stalking. În short, the reformed DiLisio did not appear to be anyone's paragon of veracity and stability. <br /><br />Then again, the Herald never claimed he was. <br /><br />"The guy's a flake," says John Pancake, the Herald state editor who helped direct Rozsa's reporting. "The question is, do you want to send a man to the chair based on the word of a flake? He's not a [page end] [page start] witness for Spaziano; he's a wit- ness for the state. If he is unreli- able, it's the state's problem." <br /><br />Mello refused to talk to the Sentinel after its report. “In my view," he wrote in a fax after Chiles refused Spaziano's request for clemency, "you are an accomplice to murder." <br /><br />With the FDLE report and the governor's refusal, the tle lines were drawn: The Herald would bolster DİLisio's retreat and denigrate both the original investigation and the FDLE report; the Sentinel, with the help of police sources, would blast away both at DiLisio and Spaziano, suggesting the jailed biker is in fact a serial killer without portfolio. <br /><br />"The Orland Sentinel was trying to answer one question: Is 'Crazy Joe' Spaziano a bad guy?" says the Herald's Pancake. "We were trying to answer, 'Did he get a fair trial?" <br /><br />Sentinel editor Haile denies his paper's aim was to paint Spaziano one way or the other. "From the beginning there was just one issue in the case: Is Tony DiLisio telling the truth?" he says. "Everything else had&nbsp;<br /><br />The Sentinel reported DiLisio was being pressured by the Outlaws to change his testimo- ny, and that he was a publicity seeker who may have recanted with an eye toward a book deal.<br /><br />Investigating DiLislo was a duty, Halle says, as was reminding readers what the Outlaws- and Spaziano in particular did and were capable of doing at the time Harberts disappeared. <br /><br />All coverage might have ended with the new Sept. 21 execu- tion date, but for what happened next. Mello obtained a deposition from DILisio in which he, for the first time, recanted under oath. Based on that, the state Supreme Court on Sept. 8 ordered a new hear ing. And Spaziano was spared again. <br /><br />Now things got weird. The FDLE report, which all but doomed Spaziano, was leaked sub- stantially to the Sentinel but minimally to other news out- lets. It con- tained all sorts of evidence not available in the original trial, including state- ments from sev- eral jailhouse snitches. Sealed by the governor's office allegedly to protect the safety of witnesses, the report would never be tested in court. Both the Sentinel and the Herald called for its release But the Herald was unable to speak to its major sources. Prosecutors "wanted to try that case in the Sentinel," gripes James Russ, the Orlando attor ney who replaced Mello as Spaziano's lead counsel. "And In the Sentinel they found a willing participant." <br /><br />The Herald attacked some of the reports' claims, like the one that said Spaziano had likely killed at least two other bikers in Chicago while he was on the run from Florida police. That case had been closed years ago with- out prosecution but with anoth- er suspect, the Herald reported.<br /><br />And as for the notion that DILisio still fears the Outlaws, "why did he have a listed phone [page end] <br /><br />[page start] from Mello, the attorney.<br /><br />The Sentinel reponded by reporting that Chicago police had reopened their 20-year-old murder case. Holmes, the Herald's expert, is doubtful. "Do they have people out actually interviewing people?" he scoffa, The FDLE report, he says, "offered all kinds of witnesses they did not produce in court. They Just assumed axiomatically the guy was guilty as hell." &nbsp;<br /><br />But there were questions raised about journalism ethics as well. Miller, the Herald editor, had sent a lengthy letter to Chiles in August, pleading for him to meet with Mello's wit- nesses while he mulled Spaziano's bid for clemency. The letter went through Sachs, then the governor's press officer. Sentinel editorials later cited letter to suggest the Herald was in bed with Spaziano's team. <br /><br />But the letter doesn't concern Sachs so much as what he regards as close ties between Miller and Mello at the project's beginning. "I think some stan- dards of journalism were breached," Sachs says. "The roots of the Herald's involvement were not properly planted." <br /><br />Although Halle insists there- was no war, Pancake recalls that a Chicago Tribune reporter enlisted by the Herald for help was quickly called off the case. The Herald is a Knight-Ridder paper, the Tribune is the flagship of the Tribune Co., which owns the Sentinel. (The Chicago writer eventually was listed as a con- tributor to a Sentinel report.)<br /><br />"Reporters and editors involved in both newspapers were not detached, were not objective," contends Sachs. They were determined on a sec- ondary level to prove each other wrong. I think there is gomepro- fessional pride in that, but I also think there is a danger in that kind of case, that maybe a side bar that should be written is nbt assigned because it might defuse the boom."<br /><br />The boom in this case is the new trial for Spaziano, a trial in which evidence is long gone and witnesses, their memories cloud- ed by time, can easily be Impeached. Herald editorials have said that Spaziano likely will remain behind bars for the rest of his life anyway, based on his eariler conviction in the rape of an Orlando teen. <br /><br />But the Heraldla Investigal- Ing the rape trial as well. Among the problems: The young victim failed to pick Spaziano from a lineup at first, and had described her attacker as having red hair and no tattoos: Spaziano has black hair and many tattoos And the main prosecution wit- ness was Tony DILisio. <br /><br />The court ruling gave the Herald its first victory. "The judge said he believed DILisio now," says Haile. "Reasonable people can disagree."<br /><br />But the question of whether justice won is still open. Holmes is convinced that Spaziano was a victim of anti-biker hysteria, which the Sentinel shamelessly renewed in its recent coverage. He says a close reading of the trial transcript leaves only the conclusion that Spaziano didn't get a fair trial. "They don't understand the margin of error in the criminal justice system." he says of the Sentinel, "To assume someone's guilty because they were found guilty is absurd. There is a legal truth and there is an absolute truth. They don't always coincide." <br /><br />Haile would probably agree. Evidence that is good enough for a news story may never stand in court, and Orlando now faces the prospect of Crazy Joe Spaziano, aging biker socialized by 20 years on death row, back on the streets. "It's really frus- trating," Haile says. "Here you have a case that's been lying around for 20 years, and now you're going to have a new trial? Gimme a break. You can't go back and find justice. <br /><br />The Herald's coverage was challenged on several occasions, most abruptly during the hear- ing that preceded Judge Eaton's ruling when its former associate editor, Tony Proscio, was approached by Sentinel reporter Jim Leusner, who asked, "Has the Herald lost its objectivity?"<br /><br />Proscio, who left the Herald this year, subsequently offered an impassioned defense of his paper and its viewpaint. "Does Florida dare-does any decent Society dare-to electrocute a human being based on a trial like the one they gave Joe SpazianD 20 years ago?" he wrote in a Jan. 21 op-ed plece. "And if so, why bother with trials at all?"<br /><br />Not included in Proscio's nar- rative, Sentinel staffers note, was the context: When Leusner asked his question, Proscio had just stepped down from the stand where he had been called to testify in Spaziano's defense. <br /><br />But Proscio's question still holds, and it leads to another, ane regarding the fundamental purpose and duty of the press. If the justice system falls, then what is a newspaper's duty? <br /><br />The danger in today's con- stricting media world comes from the assumption that painstaking objectivity -an excellent business strategy-also makes for excellent journalism. <br /><br />The Spaziano coverage by either the Sentinel or the Herald 10 puts the lie to that theory. Other newspapers can claim to have maintained their objectivity. But they can't claim to have made a difference. Or saved a life. <br /><br />[page 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. Spage, Wyatt 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 Current Events Subject The topic of the resource Capital punishment Orlando (Fla.)--Maps Journalism False testimony Hypnotism Description An account of the resource The rivalry between two newspapers over the guilt or innocence of Joey Spaziano leads to a new trail, of a case that's over twenty years old. In the end, Justice won over newspaper sales. Creator An entity primarily responsible for making the resource Ericsson Jr., Edward Source A related resource from which the described resource is derived Orlando Weekly 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 1996, February, 15-21 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 8 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, Florida 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-<br /> <div>[end of the first column] </div> <div></div> <br /> <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><strong>Harbored a Grudge</strong></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 <br /> <div>[end of the second column] </div> <div></div> <br /> <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><span class="Apple-tab-span"> </span>Professor Mello and other attorneys raised these points during years of stay applications and briefs.<br /><br /></div> <div><span class="Apple-tab-span"> </span>“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.”<br /><br /></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.<br /><br /></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><br />[Start the second page]</div> <div><br />[small text on the right side of the image]</div> <div>AP/WIDE WORLD PHOTOS</div> <div><br />[Text below image]</div> <div>Turned 50: The stay came on Joseph Spaziano’s birthday.</div> <div><br /><br /></div> <div>[text in box]</div> <div><strong>CASE AT A GLANCE</strong></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><br />[Start the third page]</div> <div><br />[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><strong>Read Transcripts</strong></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.<br /><br /></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. <br /><br /></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.<br /><br /></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.<br /><br /></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.”<br /><br /></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.”<br /><br /></div> <div></div> <div><strong>Wrote Column</strong></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.<br />[end of the first column]<br /><br />[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><br />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><span class="Apple-tab-span"> </span>He didn’t remember Crazy Joe taking him to the dump. <br /><br />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><br />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.”<br /><br /></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.<br /><br /></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.<br /><br /></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.<br /><br /></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><br />[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/efc922b9a5eac76a3da2920147d1ab6e.jpg 742377a2469986378c325a3e52703c81 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [heading] Attorney problems complicate Spaziano case [start of the first column] A convicted killer scheduled for execution Sept. 21 in Florida’s electric chair is being represented during what may be the last three weeks of his life by an attorney who is teaching full time at a Vermont law school and has no assistance here. Joseph Spaziano’s attorney, Michael Mello, must work on the case without the usual support staff because the organization that does that work has lost its funding and is closing down. [end of the first column] [start of the second column] “This is an innocent guy in the middle of a very complex factual investigation,” Mello said. “He’s about to be executed in three weeks and for all practical purposes, he doesn’t have a lawyer.” Complicating Mello’s ability to provide a defense is that new investigative information about the case has been ordered confidential by Gox. Lawton Chiles. Dexter Douglass, Chiles’ clemency attorney, says all those arguments are simply defense tactics. [end of the second column] [start of the third column] Spaziano, who will be 50 on Sept. 12, is accused of the 1973 murder of Orlando nurse Laura Lynn Harberts, whose sexually mutilated body was found in a trash dump near Altamonte Springs, a suburb of Orlando. Spaziano, a former member of the Outlaw motorcycle gang, was convicted primarily on the testimony of a man named Tony Dilisio and Harberts’ roommate, who told authorities she heard Harberts talking on the phone with a man named Joe before she was murdered. Spaziano had been under his fourth death warrant in June when Dilidio told The Miami Herald that he gave his [end of the third column] See Spaziano on Page 2B [heading] Spaziano Continued from Page 1B [start of the fourth column] Testimony under hypnosis. Testimony taken under hypnosis was admissible in Florida at the time, but is no longer. Chiles stayed the execution and asked the Florida Department of Law Enforcement to investigate Dilisio’d comments. The FDLE report was submitted to Chiles several weeks ago and a new death warrant was signed last week. Chiles will not release the contents of the FDLE report, but Douglass said it confirms Spaziano’s guilt. “That information is not going to become public at any time,” Douglass said. “We don’t need that information, just the findings from 15 court decisions that these are legal sentences.” The day after the warrant was signed, the Volunteer Lawyers Post-Conviction Defender Organization notified Mello that because of a $1.5 million cut in federal funding, it will shut down Sept. 30. The organization has been ordered by its directors to stop working on cases immediately. That left Mello, who started teaching classes the following day, without any Florida lawyers working with him and without the services of Stephen Gustat, the organization investigator who was doing research for him. Jennider Greenberg, the organization’s co-director, ex- [end of the fourth column] [start of the fifth column] plained the problem to Mello in an Aug. 28 letter. “We tried our best to inform the governor’s people about the impossibility of us representing or assisting pro bono counsel in representing anyone under an active death warrant during this phase in our existence,” Greenberg wrote. “Inexplicably, the governor chose to seek Joe’s execution nonetheless.” The Office of Capital Collateral Representatives, the state agency that represents most Death Row inmates in Florida, cannot defend Spaziano because it has a conflict in the case. Mello said that in his 12 years of defending death row inmates, he has never faced a situation like this. “I thought I had seen it all,” he said. “I’ve never had my whole investigative arm evaporate on the eve of a fifth death warrant in the face of a whitewash, fraudulent and now secret police investigation that the governor’s counsel has lied about, when I am representing an innocent man.” Douglass said Mello is just trying to create an issue in a losing case, and that he does have an investigator – he said the news media have helped investigate the case. Meanwhile, Mello has asked The Florida Bar and the state Supreme Court for advice. “I have real reservations about whether I can render effective counsel,” he said. “Joe has a right to counsel in Florida. I don’t know that I can give it to him. But if I withdraw, he has no lawyer. Yet without investigation, I’m nothing but the illusion of a lawyer. I just don’t know what to do.” [end of the fifth column] [end of the article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Treese, Paige Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Attorney problems complicate Spaziano case Subject The topic of the resource Capital punishment Creator An entity primarily responsible for making the resource Greenberg, David Source A related resource from which the described resource is derived The Gainesville Sun Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-3 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Description An account of the resource Attorney Michael Mello is left with little time or support to work on Joseph Spaziano's case after the organization supporting Mello on the case is shut down only three weeks before Spaziano's execution. https://hist299.umwhistory.org/files/original/92bafda947dbce6f5691f54abb17418e.jpg cd6a5afd0ffce16caa724792b271758d Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano speaks out about his execution Subject The topic of the resource Capital Punishment--Florida Spaziano, Joseph. Description An account of the resource Joseph Spaziano sentenced to death without last-minute defense effort in Florida, still claiming his innocence. Creator An entity primarily responsible for making the resource Greenberg, David Source A related resource from which the described resource is derived Greenberg, David. “Spaziano speaks out against execution.” The Gainesville Sun, September, 6 1995. Publisher An entity responsible for making the resource available The Gainesville Sun Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-06 Format The file format, physical medium, or dimensions of the resource 1 JPGs, 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Starke, FL https://hist299.umwhistory.org/files/original/6d4e624121419d6436df48cb59f58164.jpg b762735389c4e852c25d053a6e0c313c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano speaks out about his execution Subject The topic of the resource Capital Punishment Spaziano, Joe Description An account of the resource Although it is uncommon for lawyers to allow inmates facing execution media interviews, Spazianos lawyers hope to spark interest in his case. Spaziano claims he's not believed about his innocence because he was in a biker gang, the Outlaws. Creator An entity primarily responsible for making the resource Greenberg, David Source A related resource from which the described resource is derived Greenberg, David. “Spaziano speaks out against his execution.” Gainesville Sun, September 6, 1995. Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-06 Format The file format, physical medium, or dimensions of the resource 1 JPG, 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Starke, FL Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) vol. 68, issue 5 Contributor of the Digital Item Person submitting the digital item to the collection. Lewandowski, Maggie Text Any textual data included in the document [start page]<br /><br />[heading]<br />Spaziano speaks out about his execution<br /><br />Budget cuts are closing the organization that would have done much of his legal work.<br /><br />By David Greenberg<br /><br />[Image] David Greenberg<br />[caption] Joseph Spaziano struggles for words at Florida State Prison on Tuesday morning as he talks about his execution scheduled for Sept. 21.<br /><br /><br />[start of the first column]<br />STARKE -- During a rare interview at Florida State Prison on Tuesday, Joseph Spaziano reflected on life in the Outlaw motorcycle gang, described 20 years on Death Row and criticized the people who control his fate. <br /><br />If executed as scheduled in two weeks, Spaziano will be the first Death Row inmate to die without benefit of a serious last-minute defense effort since the death<br />[end of the first column]<br /><br />[start of the second column]<br />penalty was reinstated in Florida in 1976. He was sentenced to die for the 1973 murder of Orlando nurse Laura Lynn Harberts.<br /><br />The day before Spaziano's fifth and most recent death warrant was signed by Gov. Lawton Chiles, the Volunteer Lawyers Post-Conviction Defender Organization announced that federal budget cuts were forcing it to close. The organization would have done the investigative work and much of the legal work for Spaziano's last-minute appeals.<br />[end of the second column]<br /><br />[start of the third column]<br />"There's no one to help me, " Spaziano said Tuesday during a 45-minute interview.<br /><br />When Spaziano talked about his next -- and maybe his last -- few weeks, he grew quiet, rubbed his shackled hands against his face and fought back tears.<br /><br />It was the only time during the interview that the small man with the shaved head and furry eyebrows seemed uncomfortable. He raised his tattooed arms to his face in a seeming effort to hide.<br /><br />He insists that he did not kill Harberts. <br /><br />"No, I didn't do it," he said. "During a TV interview, I was asked that about 40 times. I didn't do it, I didn't even know her.<br />[end of the third column]<br /><br />[start of the fourth column]<br />"I've been telling the truth for 20 years, and they won't believe me," he said. "Now the kid who put me in here is telling the truth, and they don't want to believe him. What is there to say? What can I do? Mike's doing the best job he can, but I'm in trouble."<br /><br />Spaziano's attorney is Michael Mello, a University of Vermont law professor who normally would have help from the volunteer lawyers' organization. The law says Spaziano has the right to counsel in Florida. But Mello and others familiar with the case question whether he has it. And there's no case law on such a circumstance.<br />[end of the fourth column] <br /><br />See SPAZIANO on Page 3B<br />[end page]<br /><br />[[start page]]<br /><br />SPAZIANO<br />continued from Page 1B<br /><br />[start of the first column]<br />Spaziano's strongest criticism is aimed at Chiles, his staff and the Florida Department of Law Enforcement. "I really believed after he stayed my fourth warrant that this guy was for real," he said. "But they're all the same. No one in Tallahassee likes me."<br />Dexter Douglass, Chiles' clemency attorney, says Spaziano's comments --- along with Mello's protests --- are all part of the defense's strategy.<br /><br />"There's been no showing made by anybody that this man is entitled to clemency," Douglass said.<br />Spaziano suggests that the is in this position now because of his background as an Outlaw.<br /><br />"It's because of what I am," he said. "I was a biker. I rode with the Outlaws. But I was clean. All I ever did was smoke reefer. If they want me to confess that I smoke reefer, I will. I asked the judge if he wanted to <br />[end of the first column]<br /><br />[start of the second column]<br />smoke before he sentenced me."<br />With an overworked defense attorney at his original trial, Spaziano opted to not take the stand.<br /><br />"I figured no one would believe an Outlaw," he said. "I figured that it would be better when I got to a higher court, but no one would listen."<br /><br />For the last 20 years, Spaziano hasn't been a biker. He's been a Florida Death Row inmate.<br /><br />To occupy his time for the last 20 years, Spaziano has painted. "I did it from the time the cell lights went on until they went off each night," he said. "I'm a cartoon freak. I painted Disney characters and Easy Rider (biking) stuff. I would send them to my people, and they would send me canteen money for cigarettes."<br /><br />It's almost unheard of for lawyers to allow inmates facing execution' to grant media interviews. It never happens without attorneys present. But Mello and Spaziano are doing it to spark interest in the case. And Mello, who started teaching two weeks ago, must allow Spaziano to do it alone. "I don't know what else to do," Mello said in a phone interview from Vermont.<br />[end of the second column]<br /><br />[start of the third column]<br />Spaziano who will turn 50 on Tuesday, was arrested nearly two years after Halberts' sexually mutilated body was found in a trash dump near Altamonte Springs, a suburb of Orlando. <br /><br />He was found guilty by a jury that recommended life in prison. The judge overturned the recommendation and sentenced Spaziano to death.<br /><br />During Spaziano's fourth death warrant last June, the main witness against him, Tony Dills, said he gave his testimony under hypnosis --- no longer acceptable in Florida courts.<br /><br />As a result, Chiles stayed Spaziano's execution and asked the Florida Department of Law Enforcement to investigate. The results of that investigation are known only to FDLE, the governor and his legal aides, but were enough to sign a new death warrant. Chiles will not release the information in the FDLE report.<br /><br />That leaves Spaziano with a lot of questions.<br /><br />"I wonder about the governor," he said. "I wonder why he wants to kill me. Who has the answer to that? Only one man, and he won't say."<br />[end of the third column]<br /><br />[[end page]] Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano speaks out about his execution Language A language of the resource English Subject The topic of the resource Capital punishment Spaziano, Joe Description An account of the resource Two weeks before Spaziano's scheduled execution, he insists his innocence in the murder of Laura Lynn Harberts. Spaziano feels helpless as he is declined a last-minute defense effort by the state of Florida. Creator An entity primarily responsible for making the resource Greenberg, David Source A related resource from which the described resource is derived Greenberg, David. “Spaziano speaks out against his execution.” Gainesville Sun, September 6, 1995. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-06 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Starke, FL Against Execution Innocent Joseph Spaziano https://hist299.umwhistory.org/files/original/8c7432c06bdca41733ab9e1f09e773c0.jpg d669badf92cdeefb0c2361ef570309b2 https://hist299.umwhistory.org/files/original/e522d08aaa4b181e3e7faac475dcce75.jpg 475431411119e1cbc0bd44ba45d919c5 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) Southern Vermont Rutland Daily Herald Friday Morning, October 23, 1995 Windsor, Windham & Bennington P Will He Testify? By John Gregg Southern Vermont Bureau SPRINGFIELD - Park View Road is a pretty lane. Cow pastures and two upscale homes flank the narrow road that runs south for six-tenth of a mile off the Skitchewaug Trail. From a plow turn-around at the end of the road, you can enjoy a sweeping view of the Black River Valley well past Okemo Mountain. It would be the perfect place for a lovers’ tryst, but for the two “no parking signs” that were recently installed. And for something else, too. Parke View Road is where Jennifer Knight Little was murdered the evening of Feb. 4, 1994. She was stabbed six times and left to die in a snow bank. This week probably Tuesday morning, six women and nine men will visit the lane. They are the Jury in the Adam Corliss first-degree muder trial, and so far they have heard a week’s worth of testimony from witnesses for the prosecution. (Second Item) Trial Continued from Page 6 Chris Frappiner and the late Paul Kelly, contract investigators for the defender general’s office, spent dozens of hours developing a case against Durphey. And Donahue, a former Windsor Country prosecutor, is attempting to call several witnesses who say Durphey threatened them by claiming to have murdered Little. The defence also says it can knock holes in Durphey’s alibi, that he was having a party at home with friends when the murder occurred. Police describe Durphey a “braggart” who is not linked by any physical evidence to the scene. In a special session held outside the jury’s presence Monday afternoon, the defense will try to convince Judge Walter Morris Jr. that testimony allegedly implivating Durphey should be admitted as evidence. Zimmerman is attempting to limit any such evidence. What’s the Motive? Another area of interest in the case is motive. The defense has implied that Durphey would have been motivated by revenge to kill Little, who apparently broke up his relationship with another woman. During voir dire, Zimmerman noted to prospective jurors that the state was not required to prove a motive in the case, and she and Porter have barely explored that front thus far. But Black says the prosecution should probably try. “Legally, you don’t have to prove motive, but from a practical matter, if you were sitting on a jury, you would probably ask ‘why would he kill her?’ The fact that it is his knife doesn’t prove that he used it,” he said. In another twist, Zimmerman and Porter also may rely on a notorious sex offender to seal their case against Corliss Thomas Pellerin, currently serving a 18-to-20 year prison sentence for sexually assaulting a 15-year-old girl, befriended Corliss while the latter was incarcerated following his arrest. Accordion to opening statements, Pellerin either conned Corliss into giving him a signed confession to Little’s murder or helped him devise a scheme making Durphey into a “patsy” for Little’s murder. Michael Mello, a professor at Vermont Law School, says the defence appears in “pretty good shape” thus far and said the prosecution runs an “enormous risk” if it calls Pellerin to the witness stand. “It seems to me that the prosecution has more to less and less to gain in calling Pellerin than the defense has to gain and lose by calling Corliss,” said Mello. Taking the Stand And in the end, unless the state’s case unexpectedly collapses, the most critical testimony will probably come from Corliss himself, Mello said. Although defendants are not required to take the witness stand, Donahue has all but promised the jury that his client will testify. “If (Corliss) does take the witness stand, i think it will ultimately boil down to whether the jury believes him or not,” said Mello. “He was there, it was his knife. If he takes the witness stand, it will presumably be for the purpose of explaining to the jury what happened.” “My guess is they wouldn’t call him unless they thought he would be a pretty credible witness,” Mello said. “Ultimately, it’s going to be up to the jury to decide based on his demeanor and his credibility and believability on the witness stand. To the extent that the prosecution can show that he lied in the past, that doesn’t help him.” [end page] Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Will He Testify? Subject The topic of the resource Murder Trial Description An account of the resource A newspaper article dated to October 23rd 1995 where the author discuses a murder trail under way with Adan Corliss being charged with the murder of Jennifer Little. The main bulk of the article discuses the approach of the prosecution and the defense on how they are going attack and defend Corliss receptivity Creator An entity primarily responsible for making the resource Gregg, John 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 1995-10-23 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 Windsor, VT https://hist299.umwhistory.org/files/original/6ecad343f326e5b7ba0c041cc9961f6e.jpg 5b2b91a80ca370889702f00f382976da https://hist299.umwhistory.org/files/original/eb404990baa8961b7066e270f4a1a2e2.jpg da61ef5399f36cb5c656d72c0cabe105 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Latest Spaziano appeal before high court today Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Ferrell, Claudine Text Any textual data included in the document [Start of the first page]<br /><br />[Heading] Latest Spaziano appeal before high court today<br /><br />[subheading] The death row inmate is still claiming his innocence in the slaying of an 18-year-old.<br /><br />By Michael Griffin<br />Tallahassee Bureau Chief<br /><br />[first column]<br />TALLAHASSEE – Florida’s Supreme Court will listen today as a lawyer for Joseph “Crazy Joe” Spaziano makes his latest courtroom bid to save the former biker from execution for a murder he swears he did not commit.<br /><br />Spaziano, convicted in 1976 of killing Orlando hospital clerk Laura Lynn Harberts, has had four ap-<br />[end of the first column]<br /><br />[start of the second column]<br />peals rejected by the state’s high court, but hopes a key witness’s changed version of events may save his life.<br /><br />Justices will hear arguments from lawyers for Spaziano and the state to determine whether it should re-hear one of the four earlier appeals it rejected. Spaziano also has had two appeals denied by the U.S. Supreme Court.<br /><br />While Spaziano’s execution is scheduled, several issues remain unresolved, including whether:<br /> <ul> <li>Gov. Lawton Chiles can keep secret a Florida Department of Law Enforcement report on Spa- </li> </ul> <p>[end of the second column]<br /><br />[Image] Associated Press</p> [Caption] 'They are trying to murder me,' Joseph Spaziano says during an interview at Florida State Prison in Starke.<br /><br />[end of the first page] <br /><br />[start of the second page]<br /><br />[Heading] Harberts’ father afraid Spaziano will win appeal<br /><strong>SPAZIANO </strong>for D-1<br /><br />[start of the first column]<br />ziano that he read before signing the latest death warrant.<br /><br /> <ul> <li>Spaziano’s out-of-state attorney can adequately represent him.</li> <li>Arguments of innocence can be raised almost 20 years after a jury convicted Spaziano and a judge sentence him to death.</li> </ul> Spaziano’s lawyer, Vermont law Professor Michael Mello, could not be reached for comment Wednesday. He and Spaziano have refused to talk to The Orlando Sentinel, accusing its reporters and editors of bias against Spaziano.<br /><br />In an interview with The Associated Press, Spaziano said he is innocent of both the 1973 murder of Harberts and a 1974 Orange County rape for which he is serving a life sentence.<br /><br />Spaziano, 49, said he is terrified at the prospect of death in Florida’s electric chair.<br /><br />“I’m not guilty of no murder. I’m not guilty of no rape,” he said in a prison interview Wednesday, just two weeks before his scheduled execution.<br /><br />“They are trying to murder me,” he said<br />[end of the first column]<br /><br /><br />[start of the second column]<br />from behind a glass partition. “I get afraid.”<br /><br />Art Harberts, father of Laura Harberts, said Wednesday that he is afraid Spaziano will survive the death warrant—his fifth under three governors—and eventually win release from prison.<br /><br />“When is there going to be the end of this thing?” Harberts said. “It’s all about him. It’s all about Joe, the victim. They don’t even think about the other victims, the murders and the rapes he did.<br /><br />Orange County investigators Spaziano a suspect in at least three unsolved rapes and two murders—the death of June Louise Kennedy, 55, and Karen Ann Dupuis, 21. Both bodies were dumped within two miles of a dump near Altamont Springs where the remains of Harberts and another unidentified woman were found on Aug. 27, 1973.<br /><br />Harberts, 18, was last seen alive on Aug. 5 of that year. Several witnesses, including the hospital worker’s roommate, tied Spaziano to Harberts. Other witnesses, including friends of Spaziano and fellow bikers, tied him to the dump.<br /><br />But it was Anthony Dilisio, a Maitland teen who idolized Spaziano, who linked the<br />[end of the second column]<br /><br />[start of the third column]<br /><br />[[words--boxed]]: When is there going to be the end to this thing? It’s all about him. It’s all about Joe, the victim. They don’t even think about the other victims, the murders and the rapes he did. – Art Harberts, Laura’s father<br /><br />biker to the decomposed body of Harberts. He told police that Spaziano bragged about raping and mutilating the woman and finally took him to the dump to display Harberts’ body.<br /><br />In June, Dilisio told The Miami Herald that he had lied 20 years ago and that Spaziano had never taken him to the dump or showed him any bodies.<br /><br />Chiles stayed that execution and ordered the FDLE to investigate Dilisio’s claims. <br />[end of the third column]<br /><br />[start of the fourth column]<br />Agents reported that Dilisio told several people about going to the dump long before police appeared and hypnotized him to enhance his recall. They also quoted a biker now under federal protection who said Spaziano confessed to him while in prison.<br /><br />After reviewing the report and watching an FDLE videotaped interview with Dilisio, Chiles signed the death warrant. He ordered the FDLE report kept secret to protect witnesses who said they feared retaliations.<br /><br />Mello has asked the Supreme Court to stay the execution on the basis of Dilisio’s new version of events. He also hopes to force Chiles to open the files so he can interview the witnesses.<br /><br />But Mello has also filed papers indicating he lacks the money, time and support staff to adequately defend a man fighting for his life. On that basis, he asked the court whether he should continue as Spaziano’s attorney. <br /><br />If the court grants a re-hearing of the case, Spaziano’s execution could be delayed.<br /><br />If justices refuse to intervene, Spaziano may have run out of appeals.<br /><br />[end of the article] Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Latest Spaziano appeal before high court today Description An account of the resource The Florida supreme court will hear a request to reconsider an appeal of convicted murderer Joseph Spaziano. The murder victim's father and Spaziano's attorney Michael Mello express differing concerns about Spaziano's case. Creator An entity primarily responsible for making the resource Griffin, Michael Source A related resource from which the described resource is derived Griffin, Michael. "Latest Spaziano Appeal before High Court Today." Orlando Sentinel, September 7, 1995, D-1 and D-5. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-07 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL Subject The topic of the resource Spaziano, Joe Chiles, Lawton, 1930-1998 https://hist299.umwhistory.org/files/original/382ba8c59dd7b6b9e9e27e4251ff1c3e.jpg da96640e34aa758d57820e080d617a4e https://hist299.umwhistory.org/files/original/725139e9fa6f840e079ee0a225f7fbd6.jpg 8526a7ffb27c92a62a20302374178097 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [start of the first page]<br /><br />[header]<br />High court considers Spaziano<br /><br />[sub-header]<br />‘Free form’ appeal requests new trial<br /><br />By Michael Griffin<br />TALLAHASSEE BUREAU CHIEF<br /><br />[start of the first column]<br />TALLAHASSEE—A lawyer for Joseph “Crazy Joe” Spaziano took his client’s claim of innocence to the Florida Supreme Court on Thursday in perhaps the last appeal for the biker convicted of killing an Orlando woman.<br /><br />The court did not rule immediately but is expected to act soon—Spaziano, 49, is scheduled to die in the electric chair on Sept. 21. <br /><br />In unusual oral arguments for what Justice Harry Lee Anstead described as a “free form” appeal, Spaziano’s attorney asked the court to order a new trial since a key witness in the 1976 trial has changed his story.<br /><br />“Mr. Spaziano is innocent, he’s actually innocent and I want to be very clear on that,” Vermont law professor Michael Mello told the seven justices. “If I had the opportunity to prove Mr. Spaziano’s innocence before a jury, he would be acquitted.” <br /><br />Assistant Attorney General Margene Roper argued that Spaziano had his chances during 19 years of appeals, including four treks to the state Supreme Court, two appearances before the U.S. Supreme Court and two requests for clemency from the governor. <br /><br />Gov. Lawton Chiles rejected the second clemency bid two weeks ago and signed Spaziano’s fifth death warrant. <br /><br />“He is out of claims and clemency is the proper proceeding,” Roper said. “He went that route and quarrels with the result so now he comes here.” <br /><br />Both attorneys came under sharp challenges by justices. <br /><br />Anstead told Mello that his appeal does not specifically argue any discernible point of law and that it did not address two basic criteria: Is the new evidence he is presenting compelling enough to alter the original verdict, and why the new evidence was not brought forth sooner? <br /><br />Justice Ben Overton asked Mello why his 1,500-page appeal, which includes newspaper clippings and folk song lyrics, did not include a written statement from Anthony DiLisio, who now denies that Spaziano showed him the body of 18-year-old Laura Harberts at an Altamonte Springs dump in 1973.<br />[end of the first column]<br />[end of the first page]<br /><br />Please see Spaniazo, D-4<br />[end page one]<br /><br />[start page two]<br />[header]<br />Lawyer may appeal again to U.S. court<br /><strong>SPAZIANO</strong> from D-1<br /><br />[start of the second column]<br /><br />“You have not filed a statement from DiLisio that his testimony is false,” Overton said. “You have not filed anything in this record that says ‘I swear,’ an oath by DiLisio.” <br /><br />Mello said DiLisio had refused to sign such an affidavit and “he is difficult to deal with.” <br /><br />Mello later told reporters that DiLisio “doesn’t like to sign things” and was afraid he could be charged with perjury if he signed an affidavit. <br /><br />But Kelli McGraw, DiLisio’s attorney in Pensacola, said her client always has been willing to sign an affidavit and offered it to Mello months ago. She said he never got back to her.<br /><br />“We’re scrambling to get Tony now,” McGraw said Thursday. “He swears what he says now is true and he’s willing to sign a sworn, notarized affidavit.”<br /><br />Justices Gerald Kogan and Leander Shaw expressed concern over Mello’s claim that he lacks money to hire investigators for Spaziano’s defense. <br /><br />“There is an allegation out there <br />[end of the second column]<br /><br />[start of the third column]<br />and it is a strong one,” Kogan said. What is Mr. Spaziano to do?” <br /><br />Mello told reporters after the hearing he would probably not appeal the case anywhere else but to the U.S. Supreme Court because he <br />[end of the third column]<br /><br />[start of the fourth column]<br />thinks he would lose at appellate levels. <br /><br />“I came in here thinking there was a 1 percent chance for a stay,” Mello said. “Now I think it’s 2 percent.” <br />[end of the fourth column]<br /><br />[Photograph by Associated Press; photo caption]: Attorney Michael Mello maintains Joseph Spaziano’s innocence before the Supreme Court. Spaziano is scheduled to be executed in 2 weeks. <br /><br />[end of article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Shiflett, Maddie Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource High court considers Spaziano Subject The topic of the resource Capital punishment.--United States.--History. Spaziano, Joe. Lawyer.--Mello, Michael. Description An account of the resource Michael Mello, lawyer for Joseph Spaziano, claimed that Spaziano was innocent at the Florida Supreme Court after a witness from a previous trial in 1976 changed his story. Those in disagreement with Mello’s claim questioned why the information never came out before. The witness had not yet filed an official statement acknowledging that he changed his story. Mello argued that the witness refused to do so. Mello planned to go to the Supreme Court with the case because he had no confidence in his chances at the appellate level. Creator An entity primarily responsible for making the resource Griffin, Michael Source A related resource from which the described resource is derived Griffin, Michael. "High Court Considers Spaziano." Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL capital punishment Florida death penalty Florida Supreme Court Joe Spaziano lawyer Michael Mello trial witness https://hist299.umwhistory.org/files/original/6985a724f97238a911fa57ad9e7c4b76.jpg 3bcd46f723fa9fc467834180ccd20b34 https://hist299.umwhistory.org/files/original/1b435125664c55a69b98bf4654552c15.jpg 67dae28006277af76f2b0a4f464a48a4 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Scott, Christina Text Any textual data included in the document [first page] [photo caption: Joseph Spaziano] [heading] Spaziano case sent to Sanford for appeal [subheading] The state Supreme Court said a lower court should decide whether to stay his execution. By Michael Griffin and Jim Leusner Of the sentinel staff [start of the first column] TALLAHASSEE- The Florida Supreme Court refused Fri-day to halt the execution of Joseph ”Crazy Joe” Spaziano, but ordered a Sanford court to hear new evidence that a key witness in the 1976 murder trial lied. [end of first column] [beginning of 2 column] In a split decision, the justices determined the state’s high court had no reason to consider the appeal, since Spaziano’s at-torney was arguing his case in the wrong court. But they also agreed the issues raised could be compelling enough for a low-er court to grant a stay. All the justices agreed the matter should be heard this fri-day in Sanford. Three of the sev-en judges dissented in part, ar-going that Spaziano, 49, should get an immediate stay. The ruling sets up a scramble by lawyers to prepare for a hear-in just six days before Spa-ziano’s scheduled Sept. 21 ex-ecution for the 1973 mutilation and murder of Orlando hospital clerk Laura Lynn Harberts. Anthony Frank DiLisio, the witness who put Spaziano on death row with his testimony, likely will have to tell a judge and a prosecutor he lied and continued to lie for 20 years. Art Harberts, Laura Har- Please see SPAZIANO, A-11 [end of column 2] [beginning of column 3] [header] DiLisio now says he lied on purpose SPAZIANO from A-1 Berts’ father, said he will attend the hearing and expressed dismay that DiLisio “can’t or won’t get his story straight.” The last time he saw DiLisio was at the trial, when DiLisio, then 17, was the star witness. “Tony impressed me as a good kid,” Harberts said. “He apologized to us, you know, Laura’s family, for not coming forward sooner and sav-night us all the anguish.” A key factor in Friday’s ruling appears to be an affidavit filed by Spa-ziano attorney Michael Mello in which DiLisio swears for the first time that he lied at the trial. [end of column 3] [beginning of second page] [start of the first column] “I never, under any circum-stances, went to the dump sight [sic] with Joseph Spaziano,” the affidavit reads. “I went there in the company of law enforcement investigators.” It is the first statement DiLisio has made under oath since the trial, in which said Spaziano bragged about raping and killing women, then showed him the bodies of Har-Bert’s and an unidentified woman at a dump near Altamonte Springs. It is the latest version of the story DiLisio has given since he first told The Miami Herald in a June that his testimony was false. Shortly after that, DiLisio told Florida Department of Law Enforce-ment agents that he thought police drugged during hypnosis and planted the memories. The inter-view was videotaped, but FDLE spokesman Liz Hirst said Friday that DiLisio was not under oath when he made the statements. Later he told The Orlando Sentinel he remembered going to the dump with Spaziano but thought those memories were planted in his mind through hypnosis. DiLisio also said Seminole County sheriff’s de-tective George Abbgy, who has since died, had threatened to charge him with complicity in the crimes if he did not implicate Spaziano. And on Friday, in a column in The Miami Herald, DiLisio was quoted as saying: “It came from me. Nobody could program me to do anything I didn’t want to do. I wanted to do it. But it was false.” Those versions vary from sworn statements DiLisio gave two dec-ages ago. On May 13, 1975, detectives taped DiLisio recalling how Spaziano bragged about mutilating and kill-night women. The teen offered to be hypnotized to help him recall more. At the time, Floridians law allowed hypnosis-enhanced testimony. DiLisio was hypnotized May 15 and 16, 1975. During the second ses-Simon he described going to the dump with Spaziano and seeing and smelling the bodies. He said he had tried to forget it. [end of column 4] [beginning of column 5] Questioned by Spaziano’s lawyer and a prosecutor on Nov. 12, 1975, DiLisio said again that the biker he once idolized had taken him to the dump and displayed the bodies. During the January 1976 trial, DiLisio, again under oath, told ju-rots the same story, even after his life had been threatened by Spa-ziano’s associates from the Outlaws motorcycle gang. Former Assistant State Attorney Claude Van Hook, who prosecuted Spaziano, said he thinks DiLisio told the truth during the trial but is now recanting out of fear. Van Hook said DiLisio withstood tough questioning by Spaziano’s attorney, Ed Kirkland, and never wa-veered when facing Outlaws men-bears who attended the trial. Kirk-land called DiLisio a “great witness” for prosecutors. “This young man had the ring of truth,” Van Hook said. “He was afraid of Spaziano’s associates and still had the intestinal fortitude to get on the stand and tell the truth. Who would believe he lied?” Mello could not be reached for comment Friday. He refused to speak to The Orlando Sentinel. Gov. Lawton Chiles, who signed a fifth warrant for Spaziano after an FDLE investigation turned up wit-nesses to corroborate DiLisio’s origi-nal story, did not waver in the deci-sion Friday. Dexter Douglass, Chiles’ general counsel, said he thought Friday’s ruling was a good one. DiLisio’s sworn affidavit, he said, “means no more than any of his other sworn statements. Let’s see what happens when he’s challenged by a prosecutor and other witnesses get a change to testify.” [end of column 5] Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano case sent to Sanford for appeal Creator An entity primarily responsible for making the resource Griffin, Michael Leusner, Jim Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Orlando, FL Subject The topic of the resource Capital punishment Spaziano, Joe Description An account of the resource Joseph Spaziano gets denied a stay of execution. The Florida Supreme Court decides that the new evidence regard the fact that a key witness in the 1976 murder trial lied must be heard by a Sanford court. The lower court was believed to be the place in which Spaziano may receive his stay. The testimony of Anthony Frank DiLisio was what put Spaziano on death row. DiLisio was to appear in the Sanford court and admit to lying. Key in the trial will be an affidavit filed by Michael Mello in which DiLisio swears he lied. The issue of DiLisio’s lying has led to various stories from DiLisio. DiLisio admitted to believing that the testimony, he made in 1976, was implanted in his head through hypnosis. Source A related resource from which the described resource is derived The Orlando Sentinel capital punishment death penalty Joe Spaziano https://hist299.umwhistory.org/files/original/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]<br /><br />[Heading]<br />Spaziano Case sent to Sanford for appeal<br /><br />[Subheading]<br />The state Supreme Court said a lower court must decide whether he should get a stay.<br /><br />by Michael Griffin and Jim Leusner<br />Of the Sentinel Staff<br /><br />[start of the first column]<br />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.<br /><br />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. <br /><br />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.<br /><br />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. <br /><br />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 <br />Please see Spaziano, A-11<br />[end of the first column]<br />[end of page one]<br /><br />[start of page two]<br />[heading]<br />DiLisio now says he lied on purpose <br /><strong>Spaziano</strong> from A-1<br /><br />[start of the first column]<br />20 years. <br /><br />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.”<br /><br />The last time he saw DiLisio was at the trial, when DiLisio, then 17, was the star witness.<br /><br />“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.”<br /><br />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.<br /><br />“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.”<br /><br />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. <br /><br />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.<br /><br />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.<br />[end of the first column]<br /><br />[start of the second column]<br />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.<br /><br />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.”<br /><br />All those versions vary greatly from sworn statements DiLisio gave 20 years ago.<br /><br />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. <br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.”<br />[end of the second column]<br /><br />[start of the third column]<br />“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?”<br /><br />Mello, Spaziano’s attorney, could not be reached for comment Friday. He has refused to speak to The Orlando Sentinel.<br /><br />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.<br /><br />Dexter Douglass, Chiles general counsel, said he thought Friday’s ruling was a good one.<br /><br />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”<br />[end of the third column]<br /><br />[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/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/e5aaa56964a24ee4c657192bcb37aac5.jpg dabcc563148ac53e6e1c049b4a2a298a https://hist299.umwhistory.org/files/original/2952d4f5cd491d3281d02dd1316d0299.jpg 7b025e2bf814cdf5c10de13c78263cec Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document <div>[start of page 1]</div> <div>[header] </div> <div>Florida Supreme Court </div> <div>Court hears Spaziano's death appeal</div> <div></div> <div>[subheading] </div> <div>An attorney for convicted murder Joseph Spaziano says his client deserves a chance to prove his innocence.</div> <div></div> <div>[start of the first column]</div> <div>An attorney for Joseph “Crazy Joe” Spaziano asked the state Supreme Court for a chance to prove his client is not guilty of the murder that is sending him to the electric chair in two weeks. </div> <div></div> <div>A lawyer for the state, however, urged the justices not to stay on Spaziano’s execution on “mere speculation.”</div> <div></div> <div>After hearing oral arguments Thursday, Florida’s high court will make a decision at its own discretion; Spaziano, 49, is scheduled to be executed Sept. 21 for the murder and mutilation of an Orlando woman 22 years ago. </div> <div></div> <div>During the hour-long hearing, justices and lawyers had exchanges about testimony at a trial held nearly 20 years ago, about judicial procedure, about the role of the state’s high court in reviewing capital cases. </div> <div></div> <div>“The proceeding before us has taken a rather free form,” Justice Harry Lee Anstead told Spaziano attorney Michael Mello. “This is the way you have approached this case before the court and it’s obviously causing us considerable difficulty.” </div> <div></div> <div>Mello, a Vermont law professor, has filed hundreds of pages of pleadings before Florida’s high court, but he began his presenta-</div> <div>[end of the first column]</div> <div></div> <div>[start of the second column]<br /><br />[image]</div> <div>[Capition]<br /><strong>Spaziano </strong></div> <div>He is scheduled to be executed Sept. 21 for the murder and mutilation of an Orlando woman 22 years<br /><br /></div> <div>[text resumes]</div> <div>tion by telling justices that all the issues were secondary because his client did not kill Laura Harberts. The 18-year-old hospital clerk’s body was found in an Altamonte Springs dump in August 1973.<br /><br /></div> <div><span class="Apple-tab-span"> </span>“I believe that if I had an opportunity to prove Mr. Spaziano’s innocence before a jury, he would be acquitted,” Mello said. “All I’m asking for… is a star of execution and the provision of resources.”</div> <div></div> <div><strong>Witness’s recantation not enough for Chiles</strong></div> <div><span class="Apple-tab-span"> <br /></span>Anthony Dilisio, a key prosecution witness in Spaziano’s trial, recanted his testimony earlier this year, prompting Gov. Lawton Chiles to suspend Spaziano’s fourth death warrant. <br /><br /></div> <div><span class="Apple-tab-span"> </span>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.<br /><br /></div> <div><span class="Apple-tab-span"> </span>Mello questioned the reliability of the FDLE investigation, which the governor has refused to release, as “supersecret information that supposedly reliable witnesses supposedly told FDLE that supposedly correctly reported to the governor.”<br />[end of the second column]<br /><br />[start of the third column]<br /><br /> <div>[image] Mark Foley/ The Assoicated Press<br /><br /></div> <div>[Capition]<br />"I believe that if I had an opportunity to prove Mr. Spaziano's innocence before a jury, he would be acquitted," attorney Michael Mello said.<br /><br /></div> [text resumes]<br /><br /></div> <div><span class="Apple-tab-span"> </span>But Instead questioned the strength of Mello’s appeal before Florida’s high court. <br /><br /></div> <div><span class="Apple-tab-span"> </span>If Mello had filed the proper motion in trial court, he would have been required to meet two tests, Instead said. The first test is whether the recanted testimony was substantial enough to undercut Spaziano’s conviction; the second is whether the issue should have been raised earlier. </div> <div><span class="Apple-tab-span"> <br /></span>Instead asked Mello if he could have jumped through “those two ordinary hoops.”<br /><br /></div> <div><span class="Apple-tab-span"> </span>“I can’t imagine new evidence more substantial than a disavowal of the critical testimony by the wit-<br />[end of the third column]<br /><br />[start of second page] <br /><br />[start of the fourth column]<br />ness,” Mello answered. <br /><br /></div> <div><span class="Apple-tab-span"> </span>Justice Ben Overton then interrupted the attorney, asking why he had not presented an affidavit from Dilisio recanting his testimony.<br /> </div> <div><span class="Apple-tab-span"> </span>“You have not filed in this record anything that says ‘I swear’, an oath by Dilisio,” Overton said.<br /><br /></div> <div><span class="Apple-tab-span"> </span>Justice Gerald Kogan did most of the questioning of Margene Roper, an assistant attorney general who presented the state’s case.<br /><br /></div> <div><span class="Apple-tab-span"> </span>Roper began by arguing that Spaziano had exhausted all his legal claims and was turning to Florida’s high court with issues that properly belonged before a trial court or the governor and Cabinet, sitting as the Clemency Board. </div> <div><span class="Apple-tab-span"> </span></div> <div><strong>Attorney: Spaziano shouldn’t die over procedural matters<br /><br /></strong></div> <div><span class="Apple-tab-span"> </span>Kogan asks how the justices, regardless of the procedural problems, could ignore the issue of Dilisio’s recantation. <br /><br /></div> <div><span class="Apple-tab-span"> </span>“Apparently there is an allegation out there- and a strong one that the prime witness against the defendant in this particular case has recanted his testimony,” Kogan said.<br /><br /></div> <div><span class="Apple-tab-span"> </span>“Do we sit back and say ‘OK… It’s tough, Mr. Spaziano, we’re going to electrocute you because all these things should have been done before’?” Kogan asked. <br /><br /></div> <div><span class="Apple-tab-span"> </span>Roper replied the case should be seen by another court, disputed that Division had recanted his trial testimony in the FDLE interview and argued he hadn’t recanted his sworn testimony in pre-trial depositions. <br /><br /></div> <div><span class="Apple-tab-span"> </span>“It takes more than speculation after 20 years of litigation and fly-specking review by court upon court to stay an execution,” she said. <br />[end of the fourth]<br /><br />[end article]</div> Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Court hears Spaziano's death appeal Subject The topic of the resource capital punishment Creator An entity primarily responsible for making the resource Hallifax, Jackie Source A related resource from which the described resource is derived Tallahasse Democrat Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Description An account of the resource Michael Mello, Joseph Spaziano's attorney believes Spaziano deserves a chance to prove his innocence. Format The file format, physical medium, or dimensions of the resource 300 dpi 2 JPGs https://hist299.umwhistory.org/files/original/4955d7d829a26de046034cde3a7de378.jpg fbda1189e56a50e7b659e18410ed0d1d 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 [Publisher] The Gainesville Sun [Date] Wednesday, July 31, 1996 [Title] 'Killer to get new sentence' [Subtitle] 'An appeals court orders resentencing for the Death Row inmate who raped and killed a 94-year-old woman.' [Author] Aaron Hoover A man sent to Florida's Death Row nearly 20 years ago for the rape and murder of a 94-year-old Gainesville woman must be sentenced all over again, an appeals court has ruled. Steven Todd Booker, convicted of first-degree murder and a survivor of at least three death warrants for the 1977 rape and murder of Duck Pond resident Lorine Harmon will appear before a jury in a Alachua County and be resentenced in the case as a result of the decision this month by the federal 11th Circuit Court of Appeal. Prosecutors decried the development as an example of a flawed system that allows death penalty appeals to drag on for decades quote this is an example of why the appeal IT system is entirely broken," said state attorney rod Smith. "No one is saying he didn't do it. . . but 20 years after the fact we're deciding to reconstruct a penalty phase on a brutal murder." But a lawyer who has represented Booker had a decidedly different view. Michael Mello a Vermont law professor who has worked extensively on Booker's case, said the state is to blame for much of the delay. U.S. Judge Maurice Paul first ruled Booker should be resentenced in 1988, but appeals by the Attorney General's Office delayed a final decision until this month, said Mello, a law professor at Vermont Law School. "Steve Booker's case is the case I always use in our capital punishment seminar to illustrate these delays in death penalties that prosecutors and politicians are always talking about - they're as often or not caused by prosecutors," Mello said. A jury in Alachua county convicted Booker, now 42, of first degree murder, rape by force, and burglary for breaking into Harman's apartment, raping and killing her on Nov. 9, 1977. After his conviction, Booker wrote to Circuit Judge John Crews, now deceased, asking to be put to death. Harman, an assistant post master in her native Maryland, had moved to Gainesville in 1956 when her husband retired. She went back to Maryland briefly after Frank Harman died, but later settled permanently in Gainesville, where she was known for her independence - frequently walking into the now defunct Primrose Inn restaurant downtown for lunch, for example. according to Mello, jury instructions at the time of Booker's sentencing directed juries to consider only certain narrowly defined reasons why he might be spared. Those instructions prevented the jury form considering crucial evidence about Booker's mental health, he said. "The list of mitigating circumstances said the jury should consider some kinds of craziness, and Booker didn't have those kinds of craziness, he had other kinds of craziness," Mello said. Those included alcohol abuse and "a hideous family background," he said. A 1987 U.S. Supreme Court decision in Florida Death Row inmate James Hitchcock's case found identical jury instructions unconstitutional, meaning that all relevant evidence could be introduced in death penalty defenses, Mello said. The decision affected "two or three dozen cases" including Booker's cases, he said. The date for the new sentencing hearing has not been set, but Smith indicated he was not pleased to face the challenge. "you have to reconstruct somewhat what's already occurred and represent what occurred at the trial phase so the jury will understand at the penalty phase what you're talking about," he said. "It's an outrageous assignment to any office to go back and try any portion of a case under those circumstances." Contributor of the Digital Item Person submitting the digital item to the collection. Armel, Ryan Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Killer to Get New Sentence Subject The topic of the resource Mello, Michael Booker, Steven 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 1996-07-31 Language A language of the resource English Description An account of the resource Steven Booker, a man sentenced to Death Row for the rape and murder of a 94-year-old woman nearly 20 years ago is being resentenced due to a decision made by Florida's 11th Circuit Court of Appeals. Creator An entity primarily responsible for making the resource Hoover, Aaron Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Gainesville, FL Source A related resource from which the described resource is derived Hoover, Aaron. “Killer to Get New Sentence.” The Gainesville Sun, July 31, 1996. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI