11 20 256 https://hist299.umwhistory.org/files/original/808bd0b756eafdc41396af80991ab380.jpg 028eaef7e11c047881a1c82d1d577321 https://hist299.umwhistory.org/files/original/a64befea40e6f4091dac49dfdc0a1a6d.jpg 39370f5c482cb7f874a0f4fa70fdf345 https://hist299.umwhistory.org/files/original/f0583045667f1452690f531d5e41cf98.jpg 4dd2c94d31edfc5da61db85d457899f4 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 2, 1983-1994 Text Text Any textual data included in the document Vermont prides itself on its progressive approach to incarceration, especially in its treatment programs for offenders. But a recent visit to the state by the American Civil Liberties Union's National Prison Project is bringing those programs under closer scrutiny, and raising questions that cross and recross the lines between philosophy, physiology, and law. Do these programs mean to punish people or change them? Do they work> Are they Legal? Last month, the ACLU sent Gov. Howard Dean a long letter criticizing conditions in Vermont's prison system. In the letter the ACLU claims that the states treatment programs for violent offenders and sexual offenders are "of an extraordinarily intrusive and dubious nature," that they are coercive, and that they force prisoners to waive their rights to confidentiality. Drawing on reports from inmates and their lawyers, the ACLU also criticism the way programs are staffed, claiming that the programs "vest untrammeled power to practice 'psychotherapy' in the hand of unqualified guards, ex guards, caseworkers and contractors, whose attitude towards prisoners is usually hostile and adversarial at best, and not infrequently vindictive and sadistic." The ACLU refuses to comment on the letter, which has been obtained by the Valley News, or on its past prison activities elsewhere in the country. Nor would Department of Corrections Commissioner John Gorczyk talk about the ACLU's criticisms of the state's treatment programs other than to say they are "more philosophical than legal in nature." The Comment is telling. Mental health professionals, lawyers and corrections officials interviewed for this story had difficulty restricting their comments and observations exclusively to their own disciplines. "It's a problem you encounter whenever you introduce medicine, or mental health, into law," says Michael Mello, a Vermont Law School professor who specializes in criminal and constitutional law. "The agendas are so different it introduces a warping effect." The agenda of psychiatry is to make people well, he says. The agenda of criminal justice "is ot making people well but making them act right, behave a certain way, and also to punish them even if they're well and are acting right now. The punitive dimension is the most dramatic difference." Punishment is the issue that falls under Constitutional protection. The Eighth Amendment of the U.S. Constitution provides protection against cruel and unusual punishment. Since the early 1970s, the legal test of that provision has been "whether a punishment violates the evolving standards of decency that mark the progress of a maturing society," Mello says. "It;s a good, evocative term, supplied most often in capital punishment cases. And, as it implies, the standard of what's constitutional changes as the cultural norms change." Vermont's program for violent offenders is mandatory for all inmates convicted of violent crimes, as well as those who are determined to have a history of violence. Inmates serving time for sexual offenses are told that parole and probation may hinge on their successfully completing a program for sexual aggressors. Is that coercion? "Probably no more coercive than plea bargaining," Mello says. But similar policy on sex offenders, passed by the Kentucky legislature in 1986, is being challenged in the state's circuit court, according to Barbara Jones, general counsel for the Kentucky Department of Corrections. The Legal issue, says Jones, is that in order to participate in the program, a sex offender must admit his guilt. "Some don't believe they have a problem," she says. "Others, who are challenging their conviction on appeal, have been advised by their attorneys not to admit." And there's the rub: Admitting guilt could be self-incriminating, and might mean a conviction for a second crime. So far, the state court has ruled that the program and the requirement to admit are constitutional, Jones says. "But out case, or someone else's, could wind up in the (U.S.) Supreme Court." In the past the Supreme Court has upheld the prosecution of criminals for crimes they admitted to under treatment, Mello says. "But I wouldn't want to make book on the way these questions would be resolved by the Supreme Court and presently constituted." Nor would he wager on the outcome under Vermont's Supreme Court. "That court has always gone beyond the minimum standards to protect the rights of suspects." Vermont's sex offender program also requires that offenders admit guilt, says William Pithers, a clinical psychologist and director of the Vermont Treatment Program for sexual Aggressors. In the 11-year history of the program, Pithers can remember only one istance in which an inmate's admission led to a second conviction. "His sentence ran concurrently, so he would up not doing any more time than his original sentence," he says. Under state law, teachers, doctors and counselors in Vermont are required to report the sexual abuse of minors to authorities. Counselors in Vermont's treatment program are bound by this mandate as well. Minors are given this protection because the state assumes they may not have access to treatment otherwise, Pithers says. Counselors are not required to report crimes involving adults. Sex offenders who agree to treatment are required to sign a waiver of confidentiality, according to a published description of the program. The programs are constructed and supervised by mental health professionals. Although the treatment team makes recommendations to the parole board, the board is under no obligation to follow the recommendation. "The parole board is an independent agency and has, in the past month, paroled four people against the recommendation of the treatment program," Pithers says. "That's the way it should be - a system of checks and balances." Pithers emphasiszes that the program itself is not coercive. Offenders are taught that committing a crime is a personal choice - actually, one in a long series of choices that has resulted in their arrest and conviction. Counter to popular myth - and to old, disproven theories - sexual aggressors are not mentally ill, they are not swept away by irresistible impulses, and they are not oversexed, Pithers says. Nor are sexual aggressors suffering from a simple lack of self esteem. The philosophy behind the program: what sexual aggressors need is to become conscious of the choices the make that lead to acts, and to recognize the consequences of their behavior on other people. The focus of treatment is teaching others to empathize with their victims, and to identify the patterns of thoughts, feelings and beliefs that lead them into abusive behavior. Depending on the individual, offenders are taught to acknowledge their emotions and their "thinking errors," to manage their anger, to alter abusive sexual fantasies and urges. The goal: to give offenders the skills they need to catch themselves slipping into old patters and correct the behavior and ultimately to prevent relapses. A Corrections Department study using cumulative figures from 1982 to 1991 shows the treatment to be most successful for child sex offenders, somewhat less so for rapists. Since the beginning of the program, about 30 of the 473 offenders treated have been brought back to prison for repeating their crimes. "No form of treatment wil eliminate all recidivism by sexual aggressors. No form of treatment can remove a person's ability to exercise free choice," Pithers says. The philosophy behind the treatment program: Sexual aggressors need to become conscious of the choices they make that lead to criminal acts, and to recognize the consequences of their behavior on other people. But when does treatment become punishment? A technique that raises red flags to civil libertarians is the use of an instrument called a penile plethysmograph. The device, when attached to the penis of a male offender while he views slides or listens to tapes of people in various sex acts result in arousal. Proponents of the device say it is necessary to break through the denial that keeps many offenders from seeking treatment for their deviance. "Some men don't get aroused until they hear that blood is spurting from the face of the women they have just punched," Pithers says. "They can deny it, but a counselor in the next room can see the evidence clearly." In some cases, recognizing a deviant pattern of arousal is a necessary step toward treatment. Pithers says that Vermont uses the plethysmograph primarily in a mandatory assessment of offenders before treatment begins. Offenders are alone when they use the device, which is attached to a measuring instrument in an adjoining room. "Even I wish those things weren't necessary. It would be wonderful to be able to treat individuals who are turned on to fantasies about assaulting people by making them feel better about themselves, but the reality is we can't. Violent Offenders Program Unlike Vermont's sex offender program, the State's treatment program for violent offenders is mandatory and is not supervised and carried out by mental health professionals. "We don't assume people are sick. We assume they're lawbreakers," says Jack Bush, a consultant who designed Vermont's program. Bush, who has a Ph.D. in philosophy, says that the program doe not rely on confidential disclosures or an intimate alliance with a therapist. "The program is very pragmatic and methodical," he says. Though treatment is mandatory, it's a soft shell, Bush says. Inmates are told "your history demonstrates you're a high risk offender. Our solution is to incarcerate you for the maximum sentence. Another is to teach you skills, give you the ability to control your own risk. You get to choose your course." If offenders successfully complete the program, they may be released earlier on parole. The program, like the state's treatment for sexual aggressors, is built around the theory that violent behavior is a choice, based on patters of thought, feelings, and beliefs. Once a person is aware of that pattern, he can chose to change it. "This is not a therapy we impose on offenders or something we do to offenders. It's a technique we teach them, a rational hopeful process," he says. Treatment takes place in groups, where offenders listen to each other vocalize the thoughts that run through their heads in situations that inspire them to violence. Offenders are taught to recognize false assumptions and to substitute non-violent problem-solving techniques. They keep journals - or Thinking Reports - of their efforts to recognize and change their own abusive patters. Offenders are also taught that partial lapses do not mean total failure, that a chain of events that results in a crime can be stopped at several places. The program was deliberately designed to use corrections officers, not mental health counselors, because it is meant to be integrated into day-to-day life inside the system, Bush says, not separated from it. Ideally, the program could be an impetus for system-wide change, a model of a new, collaborative relationship between corrections officers and inmates. At a training workshop sponsored by the New England Council on Crime and Delinquency in Burlington earlier this month, Brian Bilodeau, a former guard and now a case work supervisor at the Northwest Stat Correctional Facility in St. Albans, offered himself as an example of someone who'd turned around from a punitive attitude toward inmates to a positive one. It was his participation, as a corrections officer, in the violent offender program that made him aware of the destructive role he was playing, he said. For more than an hour, he and a small group of consultants and corrections officers talked about the difficulties in translating a good idea and a hopeful vision into real change. "We're not very good at implementing ourselves into a new vision," said Bush. "But there are glimpses of the light all over here." 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. 42: Number 158 Contributor of the Digital Item Person submitting the digital item to the collection. Stroh, Cooper 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 Treatment Programs For Inmates Raise Deep Questions Creator An entity primarily responsible for making the resource Serrell, Nancy Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1993-10-26 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 3 jpgs 300 DPI Language A language of the resource English Subject The topic of the resource Constitutionally legality of correction facility's treatment programs for sexual offenders and violent offenders in Vermont. Description An account of the resource An article about treatment programs in Vermont dealing with sexual and violent offenders. Programs in Vermont deal with the rehabilitation of inmates with questionable methods that some argue are not constitutional. Mello, Pithers, and Bush, three authorities on the subject provide counter arguments and a description of the programs purpose and execution. Source A related resource from which the described resource is derived Valley News Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Vermont American Civil Liberties Union Inmate Treatment Programs Jack Bush John Gorczyk Law and Mental Health Michael A. Mello Prison Correction Programs Rehabilitation Sexual Offender Treatment Programs Vermont Violent Criminals Violent Offender Treatment Porgrams William Pithers https://hist299.umwhistory.org/files/original/09ceeb302051dbef3ec949a100afd0b4.jpg be24d5df9cdd7f3859d4f6606dcdc191 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 1, 1976-1979 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. Garcia, Lauren Text Any textual data included in the document Marijuana: 'Legalizing' Movement<br /><br />By Georgetta Sharman Special to the Times<br /><br />Fredericksburg- According to a 1975 U.S. government study, almost 30 million people in the United States have smoked marijuana. Of those 30 million, almost 5,000 Virginians were arrested and prosecuted under the current criminal law, costing Virginia taxpayers close to $6 million in law enforcement resources. The National Organization for the Reform of Marijuana Laws (NORML) is working to change this situation by lobbying for the decriminalization of marijuana. <br /><br />The local chapter of NORML, based on Mary Washington College campus, was begun in the fall of 1976 and has approximately 15 regular members. And contrary to popular belief, according to president Mike Mello, the chapter is very conservative. "Most people think its the campus potheads who make up NORML," he said, "but they're the very ones who don't come because they're afraid they'll be discovered. A lot of people in NORML don't smoke marijuana." <br /><br />Still, most students are afraid to join NORML. One of the editors of last year's "Bullet," the campus newspaper, started what Mello termed a "wave of paranoia." "She had people believing they would get into some kind of trouble if they joined NORML," he said. Their common apprehension is that the administration would put their names on a "hate list" and keep them from getting into graduate schools or good jobs. Some are nervous about belonging to a "radical" organization or being thought a "pothead." <br /><br />In reality, however, the administration of the college has been no problem. "They bent over backward to let me start a chapter on this campus," said Mello. There are also several faculty advisors for the group. <br /><br />Most of NORML's activities center around education the campus and community about marijuana. During the 1976-77 academic year, NORML sponsored two speakers, John K. Zwerling, the Virginia state coordinator, and R. Keith Stroup, a member of NORML's board of directors; held a concert and bake sale to raise money; and showed two films. Money raised by the concert and bake sales goes into the defense fund. Similar activities are planned for this year. Mello also hopes the group can start a library about marijuana, both pro and con, that will be open to the public. A public debate on the legal, medical, and social aspects of pot is also being planned. <br /><br />Mello, though not a pot smoker when he started NORML last year, believes firmly that marijuana should be decriminalized. "I became interested in NORML for the same reason whites marched with blacks during Civil Rights ane straights supported gays against Anita Bryant," he explained. "The rationale behind the marijuana laws has been discredited; they're an anachoronism. Other anachronistic laws, like running 20 feet in front of a car with a red warning light, are no longer applied, but people are still going to jail for pot. And recent surveys show 86 per cent of the people are pro-decriminalization." <br /><br />Decriminalization would remove criminal penalties for the possession and use of small amounts of marijuana. Current state laws define possession as a misdemeanor, punishable by one year in jail, a $1,000 fine, or both; possession of larger amounts, termed "possession with intent to distribute," carries a fine of $25,000 or a jail term of 5 to 40 years, or both. While most states set one ounce as the dividing line between use and distribution, Virginia has no such guidelines. The penalty is left totally in the hands of the judge. Therefore, theoretically, it is possible to receive the maximum penalty for the possession of one joint, a marijuana cigarette, which contains less than one ounce of pot. Eight states have already decriminalized pot, substituting a citation-enforced fine, much like a traffic ticket, for the criminal penalties. President Carter's recent endorsement of decriminalization gives the issue more "respectability" according to Mello. <br /><br />Current laws and attitudes toward Marijuana were formed in the 1930's by such films as "Reefer Madness" and "Marijuana-Assassin of Youth", both of which were shown last year at MWC. The latter film was part of a 1936 campaign to have marijuana outlawed in the U.S. It presented fictionalized case histories in which pot, in and of itself, led men to, in Mello's words, "rape, pillage, and kill", the film also implied that pot was directly linked to organized crime. <br /><br />NORML does not advocate the use of marijuana or any other drug. It does feel however, that current penalties far outweigh the seriousness of the offense. Mello stated the MWC chapter's attitude very simply--"While marijuana is not good for you, prison is worse." 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 Marijuana: 'Legalizing' Movement Begins Description An account of the resource A newspaper article which states that according to a 1975 United States government study, about 30 million people have smoked marijuana. About 5,000 Virginians were arrested for smoking marijuana. The National Organization for the Reform of Marijuana Laws (NORML) is lobbying for decriminalization of marijuana. NORML has 15 members at Mary Washington College. Many people did not join because they were afraid they would get in trouble, not be able to graduate and that people would think they use marijuana. Their goal is to educate about marijuana. Mike Mello believes that the usage of marijuana should not be considered a criminal act. In Virginia, judges choose what the penalty is for users of marijuana. Mello said "while marijuana is not good for you, prison is worse." Creator An entity primarily responsible for making the resource Sharman, Georgetta Date A point or period of time associated with an event in the lifecycle of the resource 1977-09-14 Subject The topic of the resource Marijuana--Law and Legislation Source A related resource from which the described resource is derived The Spotsylvania Times Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Fredericksburg, VA Marijuana Mary Washington College The National Organization for the Reform of Marijuana Laws https://hist299.umwhistory.org/files/original/d6d165983bbdabe83da711ec4422a13a.jpg 266334acd6cf6cbb34027a1a96fe4e62 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper article Contributor of the Digital Item Person submitting the digital item to the collection. Hildebrand, Paige Text Any textual data included in the document [heading]<br />'Crazy Joe' lawyers to square off today<br />By Mark Silva<br />Capital Bureau Chief<br /><br />[start of the first column]<br />TALLAHASSEE - Florida's Supreme Court today will examine the case of "Crazy Joe" Spaziano, who faces the electric chair in two weeks, although it is unclear what the court is looking for in unexpected oral arguments.<br /><br />"It's not real clear to me, to tell you the truth," said Michael Mello, Spaziano's lawyer, who has filed several 11th-hour pleadings. "I really have only one argument in this case, which is they got the wrong guy."<br /><br />After nearly 20 years on Death Row, Spaziano is slated for execution Sept. 21 for the murder Laura Lynn Harberts, an 18-year-old hospital clerk whose skeletal remains were found in August 1973 with the remains of another, still unidentified 19-year-old woman among garbage strewn in woods near Orlando.<br /><br />The case rested on one witness.<br /><br />Recently, that witness, Tony DiLisio, claimed he lied at the 1976 trial when he said Spaziano had shown him the bodies. DiLisio now says his testimony was coerced.<br /><br /><strong>New death warrant</strong><br /><br />Gov. Lawton Chiles postponed Spaziano's execution, giving the Florida Department of Law Enforcement time to investigate DiLisio's story. But after the FDLE reported that DiLisio had implicated Spaziano numerous times in conversations with friends, and that Spaziano had implicated himself in a jail house talk with another convict, Chiles signed a new death warrant.<br /><br />The investigation remains secret. Citing the confidentiality of clemency cases, the governor has refused to make public that FDLE report or the names of the people interviewed.<br /><br />The Supreme Court has <br />[end of the first column]<br /><br />[start of the second column]<br />reviewed Spaziano's case before. This is his fifth death warrant signed by three governors; Gov. Bob Graham signed one in 1985, Gov. Bob Martinez in 1989 and 1990, Chiles in May and August.<br /><br />In scheduling a hearing today at 2 p.m., the court has advised lawyers only that it wants to hear arguments on "all pending matters."<br /><br />Spaziano's lawyer has filed several motions. These include request to delay the execution, request for a new trial and a plea to reopen the appeal of Spaziano's sentence that was heard years ago. They include request to see the FDLE's report, and to provide money for Spaziano's defense - which Mello, a Vermont law school professor, has been handling from afar.<br /><br /><strong>Prepared to argue</strong><br /><br />Mello will arrive at the court today prepared to argue for all of this.<br /><br />"I would have liked to have known whether there was anything in particular they were looking for," Mellow said Wednesday from his home in Vermont. "This is their meeting. I didn't ask for a hearing."<br /><br />The attorney general's office, arguing for Spaziano's execution, hasn't been given any more advance warning of the court's interests today.<br /><br />"There is just so much in all those motions, I think the court wants to have an opportunity to let them be heard," said Carolyn Snurkowski, the assistant attorney general appearing in court today.<br /><br />Supreme Court Clerk Did White suggest the ball actually is in Mello's court.<br /><br />"I think they will probably wait on Mike and see what he puts his attention on," White said. <br /><br />[end article] Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 'Crazy Joe' lawyers to square off today Subject The topic of the resource Lawyers Mello, Michael Creator An entity primarily responsible for making the resource Silva, Mark Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource September 7, 1995 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida Description An account of the resource Michael Mello prepares to argue for Spaziano's innocence in Florida's Supreme Court two weeks before Spaziano's death sentence is carried through. https://hist299.umwhistory.org/files/original/0c7745f1b36406e41441ac9aef9131c0.jpg adf345c2c338b4d76b74efe90903a218 https://hist299.umwhistory.org/files/original/1f9c2d0044559bc97d6a134564364629.jpg 3aff514163449f12014babed2d969283 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document <p>[start of page one]<br /><br />[header]<br />Despite the lack of paperwork, some justices seem to favor caution in the case, but has been under various appeals for the last 20 years and which the state wants to conclude. <br /><br />[title]<br />Court Faces a Quandary on Spaziano <br /><br />[start of the first column]<br />TALLAHASSEE – Florida’s Supreme Court appears torn over the plight of Joseph ”Crazy Joe” Spaziano, facing execution in 13 days for murder he claims he didn't commit.<br /><br />It's clear from a heated debate at the court Thursday that justices are torn over a lack of proper paperwork and last-minute pleadings in the case. <br /><br />They are torn to buy the news that the central figure in Spaziano’s 1976<br />[end of the first column]<br /><br />[start of the second]<br />[image]Spaziano<br /><br />[start of the second column]<br />conviction for the killing of 18 year old Laura Harberts says he lied when he tied Spaziano to the murder.<br /><br />Despite the lack of paperwork, some justices seem to favor caution and the case, which has been under various appeals for the last 20 years and which the state wants to conclude. <br /><br />“Remember, the U.S. Supreme Court has said death is different,” Justice Gerald Cogan said Thursday.<br /><br />Incredulously, Cogan ass Estates prosecutor:<br /><br />”It's up to us? As a court? 'To say, ‘We're sorry, Mr. Spaziano, you cannot get any relief fromus, despite the fact that there may be evidence out there that you should get a new trial? It's tough, Mr. Spaziano, we're going to electrocute you because of all the stuff should have been done before?'“ <br /><br />It's unknown when, or how the court will rule on Spaziano’s plea to<br />[end of the second column]<br /><br />[start of the third column]<br />postpone an execution scheduled for Sept. 21 at Florida State Prison near Starke. This is Spaziano’s fifth appointment with electric chair since 1985. <br /><strong><br />Witness Recants</strong> <br />Spaziano’s lawyer, working without pay and without benefit of hiring investigators, is asking for time and money. He wants to show that he witnessed Tony DiLisio was lying in 1975 when he testified that Spa- <br />[end of third column]<br /><br />[start of the second page]<br />[Image with caption]</p> <p>In court: Chief Justice Stephen Grimes, left, and Justice Leander Shaw Jr. have conference.<br /><br />[start of the fourth column]<br />&nbsp;ziano, a member of The Outlaws motorcycle gang, let him to a wooded site and showed him the body of Harberts and another unidentified woman.<br /><br />This year, DiLisio told the herald that he invented the tail and lied on the stand. Spaziano never showed him anybody's, says DiLisio. <br /><br />The Florida Department of Law Enforcement, and an inquiry prompted by DiLisio's recantation, concluded that DiLisio told his original story to so many people at the time that he was voicing the truth and lying today. On the strength of this report, which has not been made public, Governor Lawton Chiles ordered Spaziano’s execution. <br /><br />The Supreme Court, particularly senior Justice bin Overton and Justice Harry Lee Anstead, expressed concern that Spaziano’s attorney, Michael Mello, had it included an affidavit from DiLisio that he has recanted his testimony. <br /><br />DiLisio said Thursday that he's ready to sign an affidavit. <br /><br />”We can put it on the fax machine to them right now if they want,” he said. ”What's the big deal?” <br /><br />DiLisio's attorney, Kelly McGraw, said Mello ask for the affidavit earlier this summer. ”He <br />[end of the fourth column]<br /><br />[start of the fifth column]<br /><br />[image] Associated Press<br />[caption] Appeal for time; Michael Mello. attorney for Joseph Spaziano makes his case.<br /><br />[text resumes]<br />asked me to do it, we meant to do it, we just didn't get around to it,” she said.”We have no problem in doing one.” <br /><strong><br />‘Out of Claims’</strong> <br />Margene Roper, Assistant Attorney General, argued that Spaziano faced his last legal chance in the governor's examination of the case. <br /><br />”For the past 20 years Joseph Spaziano has had fly-specking<br />[end of the fifth column]<br /><br />[start of the sixth column]&nbsp;<br />review from all the courts,” she said.”Mr Spaziano is out of claims.” <br /><br />Justice Overton counted the times the court has reviewed Spaziano's death sentence - eight - and complained that Mello didn't come in January after the U.S. Supreme Court refused to review it an execution appeared imminent. <br /><br />Overton added angrily:”you have not filed in this record anything that says, quotation I swear quotation. . . An oath by DiLisio.” <br /><br />Mello said he lives in Vermont, and that DiLisio in Pensacola, and that DiLisio is ”difficult to deal with." <br /><br />“If I messed up and not filing. . . In January, please don't take that out on my client,” Mello said.<br /><br />Justice Leander Shaw sounded sympathetic toward Mello’s argument.<br /><br />”He is out of resources,” Shaw said of Spaziano, ”he has no investigator.” <br /><br />Imagine this were you, days away from death, shot told the prosecutor :”why shouldn't he be given a continuance, to see if he can get an investigator for one thing? <br /><br />“I'll grant you,” Kogan agreed that Spaziano’s appeal should already have been filed.<br /><br />”But we are to tell him that, with all that information out there, we're going to let your execution procedure becaU.S.e the attorney didn't file the right motion?”<br /><br /><em>Herald staff writer Lori Rozsa contributed to this report.</em></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 Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Court faces a quandary on Spaziano Subject The topic of the resource Capital punishment Spaziano, Joseph Description An account of the resource The Florida Supreme Court appeals torn over Joseph Spaziano's appeal to prevent his execution for a murder he claims he did not commit. Creator An entity primarily responsible for making the resource Silva, Mark Source A related resource from which the described resource is derived The Hearald Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-08 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 300 dpi 2 JPGs Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida https://hist299.umwhistory.org/files/original/e5a85b542dff75fd371c38d315921dae.jpg eb8b09416a253624fced421fb4e3a982 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [heading] Spaziano may lack lawyer for hearing By MARK SILVA Capital Bureau Chief [start of the first column] Tallahassee – With the prospect of no law-yer appearing for Joseph “Crazy Joe” Spaziano at a last-chance hearing before his slated execution next week, an odd alliance of lawyers is pleading for a delay. Spaziano’s own lawyer, Michael Mellow, argues that he “cannot possibly render effective assistance” in the short time leading up to Friday’s hearing. The state’s public defenders for Death Row say they too are ill-prepared and that, in any event, they can’t step in so long as Spaziano has a lawyer. Although Mellow doesn’t want the state’s lawyers involved, the state’s Capital Collateral Representa-tive joined Mellow on Monday in asking the Florida Supreme Court to delay Spaziano’s execution. A hearing without adequate defense “could result in the most dire consequences, the execution of an innocent man who has only just discovered the evidence which will prove his innocence,” the CCR argued on Monday. A the same time, the possibility of no lawyer for Spaziano at Friday’s hearing “creates a huge problem,” says Martin McClain, the CCR’s chief assis-tant, “one that the Supreme Court has to address.” [end of the first column] [start of second column] The Supreme Court has ordered a hearing in the Seminole County court where Spaziano was con-victed in 1976 for the murder of Laura Lynn Har-berts. But, by 4-3, the court has refused to postpone the execution scheduled for Sept. 21. The hearing is solely to weigh a new develop-ment: Tony DiLisio, the key witness who tied Spa-ziano to the bodies of Harberts and another woman found at a wooded dump near Orlando, says Spaziano never showed him the bodies. It was the police, DiLisio now says, who led him there and coerced his testimony. Recantation alone isn’t enough to grant Spa-ziano a new trial. Prosecutors are likely to present evidence that DiLisio was telling the truth origi-nally, and lying today – the Florida Department of Law Enforcement’s position. But if the judge finds DiLisio’s story plausible, he could order a new trial. Retired Seminole Circuit Judge Robert McGre-gor, who presided over the original trial, is returning to handle Friday’s hearing in Sanford. [end of the article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. McCrumb, Allison Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano may lack lawyer for hearing Description An account of the resource Spaziano's lawyer, Michael Mellow, is worried that he will not be prepared to make a convincing argument on behalf of his client because new evidence has come to light. Creator An entity primarily responsible for making the resource Silva, Mark Source A related resource from which the described resource is derived Silva, Mark. 1995. “Spaziano May Lack Lawyer for Hearing.” Florida The Herald, September 12, 1995. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995 - 09 - 12 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, Florida https://hist299.umwhistory.org/files/original/ec7af6ee7090560875d0e91879a5ad77.jpg d1eaecdd739a0de26f57b8b59f20f600 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 3, 1995 Text Text Any textual data included in the document Time is running out Gov. Lawton Chiles should ask himself this question: Does he really want to send Joseph Spaziano to his death knowing that there are serious doubts about the man's guilt? It's not enough to suggest, as Chiles has done, that the courts have the responsibility for making sure that innocent people are not executed by the state. Chiles signed Spaziano's death warrant and only Chiles can spare him from his date with Florida's electric chair on June 27. Time is running out for both the gover-nor and the condemned man. What's the rush to execute Spaziano when so much doubt hangs over his conviction? Spaziano was convicted for brutally murdering Laura Lynn Harberts, an 18-year-old Orlando hospital technician whose body was found tossed on a garbage dump in Seminole County in 1973. Everyone wants her killer brought to justice. But we risk compounding the the tragedy by turning our backs on the significant questions about Spaziano's guilt. As we have said, Spaziano is no Boy Scout. A member of the Outlaws motorcycle gang, he earlier was convicted of raping and slashing a 16-year-old girl. He may deserve to rot in prison for that crime, but he does not deserve to die for a crime that he may not have committed. The case against him dangled on a thin thread of hypnotically induced testimony from a witness who now says he doesn't remember a thing about his court appear-ance. "How do I know what I said back then was reliable?" Tony Dilisio asked in an interview with the Miami Herald last week. Dilisio's pleas are just the latest in a stockpile of circumstances that ought to make Floridians uncomfortable. Wanting justice for Laura Harberts and her family is not mutually exclusive to being horrified that the state might electrocute a man based on blatantly flawed treatment by the courts. Spaziano's jury, badgered by a judge to come to a verdict, had enough doubts about his guilt to recommend a life sentence., which was bumped up to death by the judge. Jurors were never told the state's witness recalled his convicting testimony only after he was hypnotized, evidence that is no longer admissible in Florida. For two decades the case was appealed, and it was reviewed by the state Supreme Court four times; at no time during the process did anyone revisit Dilisio. After the Herald found him, the governor's office says it will try to do just that. Micheal Mello, a former appellate attor-ney for Spaziano and now a law professor in Vermont, hopes Chiles will see the case for clemency, but he's not optimistic. "So many people have blood on their hands that it sticks to the skin of no one," Mello says. "It's always someone else's responsibility to ensure that an innocent man is not de-stroyed by the Sunshine State." People who believe it is their duty should send a fax to Gov. Lawton Chiles at (904) 487-0801, or write him at Plaza 5, The Capitol, Tallahassee, FL 32399. Although citizens reported they got the run-around this week when trying to phone the governor's office on the matter, his citizen's services office, (904) 488-7146, is keeping track of "yes" or "no" opinions on clemency for Spaziano. Your Voice is important. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) vol. 68, issue 5 Contributor of the Digital Item Person submitting the digital item to the collection. Elms, Jason Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Time is running out Subject The topic of the resource Capital punishment Editorials Description An account of the resource A 1995 St. Petersburg Times editorial urging Florida residents to contact gov. Chiles to pardon Joseph Spaziano's death penalty. Creator An entity primarily responsible for making the resource St. Petersburg Times (FL). Source A related resource from which the described resource is derived St Petersburg Times. "Time is Running Out." (St. Petersburg, FL). June 15, 1995, p. 14a. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource June 15, 1995. Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant St. Petersburg, FL. https://hist299.umwhistory.org/files/original/157bae4befc15b4e68a1c893aa2cf6e4.jpg 98fe43910567e74bf6b4fafad9b3194f https://hist299.umwhistory.org/files/original/6ff940c444cbe44dcf3bae8e8e5be6c0.jpg db2ec8dc5782b53618f6e270334bef70 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 page] [Title] Against the Death Penalty—The Relentless Dissents of Justices Brennan and Marshall by Michael Mellow. [Subtitle] Northeastern University Press, Boston, 1996, 331 pp., hardcover--$ [Article Begins] By any measure, the author of this new book, Michael Mello, is the leading law scholar-teacher-litigator in death penalty law and has been for several years. For the many others of us trying to make our marks in this field, Professor/Attorney Mello is both a hero and daunting presence. His most recent book-length effort, Against the Death Penalty, certainly reaffirms his leadership in this field and adds to death penalty scholarly literature a tour de force treatment of the roles of Justices William Brennan and Thurgood Marshall in the current era of death penalty jurisprudence. The result of this first-rate legal scholar having zeroed in on this important aspect of two of the most important Supreme Court Justices of this century is a truly extraordinary volume. Justice Brennan served on the Court from 1956 to 1990, and Justice Marshall served from 1967 to 1991. As a result, they were there together for the stream of major death penalty opinions from 1972 through 1990. In all but one case, they voted identically; in all but two cases, they even took the same perspective on the key legal issues of the case. As the book title reveals, their opinions relentlessly argued against the death penalty, sometimes in the majority but most often in dissent. Death penalty opponents will find in these opinions (and in Mello’s commentary on them) ample support and encouragement for their positions. Death penalty supporters, while presumably rejecting the bottom lines of the opinions, nonetheless will find them fascinating to read. For those uninterested in the death penalty but students of the Court and the use of dissenting opinions, Mello’s exploration of the history, jurisprudence, and judicial politics of the sustained dissent will be equally valuable in that regard. The book is nothing if not thorough. In keeping with the traditions of legal scholarship, Mello documents his 210 pages of text with nearly 1,500 textual footnotes. While I tend to join those advocating for abolition of the footnoting style of traditional legal scholarship, in particular law review articles with longer textual footnotes than primary text, the delightful thoroughness of Mello’s work reminds me of the value of such detailed footnoting. In fairly striking contrast, the reader searches in vain for other than the most summary of the table of contents. Given the richness of the volume, a detailed guide to its contents somewhere up front would have been a valuable addition. As it is, the pages of text are divided into four chapters with the simplest of titles. Not that there aren’t subsections in the chapters; they just never made it into the sort of detailed table of contents so helpful to readers. Mello’s first chapter, “The Two Justices,” gives the reader 83 pages and 554 footnotes of background information on these two Supreme Court giants. This chapter not only documents thoroughly the background and experience of the Justices, but it also provides delightful up-close-and-personal snapshots of such episodes as Brennan’s prodigious notetaking in law school and Marshall’s coy response to notification of his nomination to the Court. This chapter tells us about the human beings inside the robes, while the rest of the book focuses upon their roles as Supreme Court Justices. [End first page] [Start second page] The second chapter, labeled with similar frustrating economy of words (“Legitimacy in History”), provides the reader with a quite interesting treatment of dissenting opinions in Supreme Court history and with forays into the products of such great dissenters as John Marshall Harlan, Oliver Wendell Holmes, Louis Brandeis, and William O. Douglas. While this chapter largely leaves the focal point of the death penalty, it is excellent. I often have heard law students say they don’t pay much attention to the dissenting opinions because, after all, they are just the sour grapes of the losers in the decision-making process. Mello’s chapter on the legitimacy of dissenting opinions throughout Supreme Court history should be made required reading for such students. In chapter three, “Legitimacy in Theory,” Mello takes the concept of the dissenting opinion through a tour of a variety of viewpoints on law and legal development, ranging from natural law to sociological jurisprudence to critical legal studies. After comparing and contrasting the perspective upon dissenting opinions in each of these jurisprudential camps, Mello returns to struggle to put meaning into the Eighth Amendment and to “answer definitively the question of what constitutes cruel and unusual punishment.” (155) Mello’s conclusion: “Some will find the answer in social or moral certainties; others will find those truths to be subjective. No one can have the ‘last word.’” (155) The final chapter, “Legitimacy in Judicial Politics,” takes the reader inside the day-to-day workings (and personal politics) of the Court. Noting that all death penalty cases are put on the “discuss” list by the Justices, it is clear nonetheless that Brennan and Marshall argued more strenuously for some cases than for others. This chapter includes excerpts from memo’s to Justice Marshall from his clerks, from other interviews of Supreme Court clerks, and from the intense behind-the-scenes maneuvering that occurred in several key death penalty cases. Yes, this extraordinary book is about death penalty jurisprudence at the Supreme Court level, but it is so much more. In addition to the detailed and copiously documented discussion of the death penalty opinions by Justices Brennan and Marshall, the volume contributes a major treatment of the fundamental notion of dissenting opinions in the American legal system and in jurisprudential thought. Serious death penalty scholars will find the book to be essential, but any student of the Supreme Court in general or of dissenting opinions in particular must also give this volume a prominent place in their library. The book is superb, and once again we are indebted to an extraordinary scholar, Michael Mello. Victor L. Streib Dean and Professor of Law Pettit College of Law Ohio Northern University Ada, Ohio 45810 [in handwriting] 419/772-2000 [End second page] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Book Contributor of the Digital Item Person submitting the digital item to the collection. Dhue, Helen 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 Against The Death Penalty--The Relentless Dissents of Justices Brennan and Marshall Subject The topic of the resource Book review Capital Punishment Description An account of the resource Dean and Professor of Law, Victor L. Streib's positive review of Michael Mello's book "Against the Death Penalty--The Relentless Dissents of Justices Brennan and Marshall." Creator An entity primarily responsible for making the resource Streib, Victor 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 Date A point or period of time associated with an event in the lifecycle of the resource 2000 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Washington D.C. https://hist299.umwhistory.org/files/original/c5f84b16aaa2c120f2935bb028fd214e.jpg c35abf6b6e41b46c6b47389d451bf5ea https://hist299.umwhistory.org/files/original/e21445019fa62d5279a8ae193d9d9655.jpg 2299f9d6fcf5e894f21cbc24d68fb100 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 2, 1983-1994 Text Vol. No./Issue No. Volume and issue number for the newspaper (if available) Vol. 41/ No. 159 Contributor of the Digital Item Person submitting the digital item to the collection. Mesa, Drew Text Any textual data included in the document NORTH HAVERHILL- Haile Selassie Girmay, an Ethiopian man accused of murdering two Dartmouth College graduate students last year, may use an insanity defense when his trial begins in February. But that defense likely would be affected by a ruling issued yesterday that Girmay's taped confession to police can be used as evidence at his trial. Grafton County Superior Court Judge Peter W. Smith ruled yesterday that the two-hour recorded interview- in which Girmay, 33, confesses to killing the women and states how and why he did it- is admissible, despite defense protests that he didn't understand his rights as a suspect. The ruling will certainly affect how each side presents its case, especially since Girmay indicates on the tape that he had doubts about killing the women. To prove insanity, a defendant must show that he was not in a state of mind to appreciate that what he was doing was criminal. "The most widely used test is the inability to distinguish right from wrong," said Michael Mello, a criminal-law professor at Vermont Law School. Selamawit Tsehaye, who had been engaged to marry Girmay, and Trhas Berhe, her roommate, were discovered dead from ax wounds in their Summer Street apartment in Hanover on June 17, 1991. Screams from the apartment had prompted neighbors to call police, and when officers arrived, Girmay answered the door. According to police testimony given during a recent court hearing, Girmay shook hands with police at the door and said, "I killed them. I killed them both. I killed them both with an ax." It was not that statement, though, that Girmay's lawyers wanted suppressed. Rather, it was what he said to police late that day that public defenders George Ostler and James Moir did not want the jury to hear. Girmay says in that interview that he bought the ax about three days before the women were killed. He says he bought it on a whim shortly after Tsehaye told him she did not want to marry him after all. And he says on the tape that on the morning of June 17, he hesitated, prayed and waited in the early morning hours before killing the two women. Girmay, a former geophysics graduate student at Uppsala University in Sweden, has been housed in the Secure Psychiatric Unit of the New Hampshire State Prison since June of this year- a year after the homicides. He has been undergoing treatment with psychotropic drugs. "He was transferred to the unit for treatment of paranoid delusions which manifested themselves while he was housed at the (Grafton) county jail," his lawyers stated in court records. Moir and Ostler also state in court records that they plan to pursue the insanity defense. Neither Girmay's lawyers nor Assistant New Hampshire Attorneys General Mark Zuckerman and John A. Stephen would discuss how the insanity defense will be affected by use of the taped confession. "It's an important piece of evidence that can be presented to the jury so they will get a complete picture as to what happened," was the only thing Zuckerman would say. Under New Hampshire law, an insanity defense is known as an "affirmative defense," meaning that the defense must establish by a preponderance of evidence that the defendant was insane. It means the defense will present its case first at the trial. Normally, it is up to the state to carry the burden of proof, and the prosecution's case comes first. But there are no set standards in New Hampshire for determining what constitutes a successful insanity defense. Lawyers preparing such a defense look to a 1985 state Supreme Court ruling that says the defense must prove that a defendant is mentally ill and the crime is a product of that illness. "It is often difficult to ascertain if an individual has a mental disease and whether an act was the product of that disease," the court wrote. In the taped interview, Girmay says he is not a man who is quick to anger. "Even if I am angry, I don't express emotionally in most cases," he told police, according to a transcript of the interview. The transcript was made public for the first time yesterday. But when New Hampshire State Police Cpl. Wayne Fortier asks Girmay if he was hurt by Tsehaye's rejection, Girmay replies: "Of course, I have to be hurt-- I have to be hurt-- because it's-- I have been too fond of her." Girmay says on the tape that he did not set out to but the ax, but was passing by a hardware store, and saw it displayed in the wind. " I didn't go buy the ax-- but I saw the ax-- and I bought it because I was angry," he says. "I was angry, and I wanted to use it." Later in the interview he tells the police that he didn't want to use it, he just wanted to "show her that if she can punish me for a lifetime -- I can punish her with this -- not to kill her -- but to show her -- that I have also the power." At one point Hanover Police Detective Nicholas Giaccone asks Girmay why he did it. " I don't know," Girmay replies. " I was -- maybe her words that drove me to such unconscious -- state on unconscious." Girmay also told the officers that he waited at the door of the women's bedroom with the ax in his hand and watched as they slept. He said he went into another room and prayed to God, to keep him from committing the "sin." But then he said he returned to their room. "She waked up and she say I love you Haile," Girmay says toward the end of the tape. "After I beat her -- so she called her brother's name and then she said Haile I love you. "But it was done," Girmay says. " It was too late for her to change." Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Girmay Ruling May Affect Use Of Insanity Defense Subject The topic of the resource New Hampshire Courts Criminal courts--United States Description An account of the resource Haile Selassie Girmay is a man accused of murdering two Dartmouth College students. He may use insanity as a defense, but that defense may be impacted by a ruling from Judge Peter Smith. Smith found that Girmay's taped confession will be permissible in court. This is despite the fact that Girmay may not have understood his rights during his confession. The suspect's insanity defense may prove difficult because the tape indicates that Girmay had doubts about the killings. A successful insanity defense must prove that the defendant was not in a proper state of mind, which the tape undermines. Creator An entity primarily responsible for making the resource Strohmeyer, Sarah Source A related resource from which the described resource is derived Valley News 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 1992-12-10 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant New Hampshire Criminal Court Michael A. Mello New Hampshire New Hampshire Supreme Court https://hist299.umwhistory.org/files/original/7224b4885b2e6047022f1a1a3ad83975.jpg 25ff76420ffde2e5a5fd3cb37b07b6e1 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 Porno Ban is Assailed Condition Imposed On Alleged Rapist Called Improper Subject The topic of the resource Pornography--Law and legislation. Pornography--Law and legislation--Social aspects--United States. Constitutional rights Vermont. Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 jpeg Language A language of the resource English Creator An entity primarily responsible for making the resource Sarah Strohnmeyer Source A related resource from which the described resource is derived "Porno Ban is Assailed Condition Imposed On Alleged Rapist Called Improper" West Lebanon (NH) Valley News, November 29, 1993. Publisher An entity responsible for making the resource available Valley News Date A point or period of time associated with an event in the lifecycle of the resource Nov. 29, 1993 https://hist299.umwhistory.org/files/original/4b6f8b0ac644c54870c3c4d0168aa610.jpg d67fbcac278c7c8345c21eed65b64421 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 2, 1983-1994 Text Text Any textual data included in the document CHEALSEA – when Judge Mary Miles Teachout last month ordered alleged rapist David C. Green not to possessor view pornography as a requirement of his release from jail, she imposed a condition that some experts find troubling. Vermont American Civil Liberties Union lawyers and other legal experts say they have never seen such a condition before and they have problems with it. For one thing, teachout appears to be linking the alleged crime – sexual assault – with a medium Green viewed on the day he attacked his wife. “Take it out of the realm of sex,” suggested Vermont ACLU Executive Director Leslie Williams. “What if you rob a bank after watching a movie about robbing a bank? Its assuming a connection that I’m not sure is justified.” “It’s a first for me,” said Vermont Law School Professor Michael A. Mello, who teaches criminal law. He said judges have the right to impose a number of conditions of release that limit liberties as long as those conditions can be “rationally related to the offense” and do not directly violate the constitution. “I think it’s unconstitutional,” said Mello of Teachout’s order. “it feels to me unconstitutional.” The crime of which Green is accused, however, is a supremely violent one. According to records filed in Vermont District Court in Chelsea, Green, 22, allegedly repeatedly raped his wife, who had told him she wanted a divorce, on Oct. 21, after handcuffing her in his car. Supposedly armed with a gun that he did not show her, Green took her to a secluded area, sexually assaulted her, and then took her back to their apartment where he allegedly raped her again. “He told me that earlier in the day he had rented a movie and had masturbated while watching the movie,” his wife wrote in an affidavit submitted to police. Neither the affidavit or other police records indicate what kind of movie it was. Green, of Lebanon, was arrested by Vermont State Police and charged with five counts of aggravated sexual assault plus a count of kidnapping on Oct. 25. He is in the southeast Regional Correctional Facility in Woodstock, unable to make bail. David Putter, who chairs the Vermont ACLU’s legal panel, said that the problem with Teachout’s pornography condition is that it is essentially unenforceable because it’s so broad. He noted that Vermont has no legal definition of pornography – a concept usually defined by local mores. Most states that have defined pornography have kept the parameters vague. “The bottom line is that while it may very well be for the state to criminalize or prohibit certain types of speech content, which would fall under the rubrick of obscenity,” Putter said. “The state can’t prohibit speech unless it clearly defines the prohibited speech and that speech falls within a lawful definition of obscenity.” “one of the traditional problems with obscenity is having a clear definition,” he continued. “If (Teachout) has not specified what particular guidelines govern, then the order would be a violation not only of the First Amendment but of the Vermont Constitution as well.” But what about the fact that many everyday rights – such as drinking alcohol, soeaking and being free to associate with whomever one wants – are often yanked when someone is released on bail? Mello said the difference lies in the material nature of what Teachout is prohibiting. “it’s different from other kinds of conditions of parole and probation, maybe because it has to do with communication, with books and the modern information highway whose incarnation is movies,” Mello said. “What bothers me is it’s the suppression of ideas . . . it infringes on the marketplace of ideas. It has a potentially chilling effect.” Williams, who is not a lawyer, put Teachout’s order in lay terms. “This is unreasonable. To forbid someone to read something or look at something is going a little too far.” Teachout, who, until recently, was the judge in Windsor County Family Court, could not be reached for comment. However, she has declined to discuss her bench rulings with the press in the past. Green did not return messages left for him at the prison. His lawyer, Matthew Levine of White River Junction, could not be reached for comment this weekend. If Teachout did impose the condition because of what Green’s wife said in the affidavit, then she wouldn’t be the first legal authority to link pornography with a sex crime. Seven years ago then Attorney General Edwin Meese’s Commission on Pornography linked hard-core porn to sex crimes. The commission’s report concluded that “substantial exposure to sexually violent materials . . . bears causal relationship to antisocial acts of sexual violence and possibly to unlawful acts of sexual violence.” Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Article Vol. No./Issue No. Volume and issue number for the newspaper (if available) Volume 42: Number 161 Contributor of the Digital Item Person submitting the digital item to the collection. Carter, Jacob Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Porno Ban Is Assailed: Condition Imposed on Alleged Rapist Called Improper Subject The topic of the resource Pornography--Law and legislation Pornography--Law and legislation--Social aspects--United States First amendment cases Description An account of the resource Newspaper article analyzing the legality of a judges ruling to ban an alleged rapist from owning or viewing pornography. Michael Mello and other legal professionals give insight into the case. Creator An entity primarily responsible for making the resource Strohnmeyer, Sarah Source A related resource from which the described resource is derived Newspaper Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1993-11-29 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 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 NH ACLU court cases First Amendment Michael A. Mello New Hampshire pornography https://hist299.umwhistory.org/files/original/39e18287e3a59ef2b1ada0396ca76b65.jpg fba87ef31a2f45c77c4415522b0667c9 https://hist299.umwhistory.org/files/original/9c85efd4bd2db4e833388e0ba800d8a6.jpg 8c41f8bf4721933e0f44727b0fefc955 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document <p>[Heading]<br />Spaziano's Lawyer Files New Requests<br /><br />But he said he won't attend Friday's hearing because he needs more time to prepare.<br /><br />By Rene Stutzman<br /><br />[Start of the first column]<br />The attorney for condemned murder Joseph Spaziano on Sunday filed new requests for a stay of execution with the Florida Supreme Court, saying he needs more time and money to prepare for a hearing Friday in Sanford.<br /><br />And attorney Michael Mell of White River Junction, Vt., said stay or no stay, he would not attend Friday's hearing.<br /><br />The requests from Mello came just two days after the same court refused to grant the same requests. Instead, it ordered Spa-<br />[end of the first column]<br /><br />[Start of the second column]<br /><br />ziano's defense to present new evidence of his innocence to a circuit judge in Sanford.<br /><br />The prosection's key witness in the case, Anthony Frank DiLisio, in June told investigators with the Florida Department of Law Enforcement that he lied to jurors at Spaziano's trial 19 years ago.<br /><br />At the trail, DiLisio testified that Spaziano took him to an Altamonte Springs dump and pointed out the body of Laura Lynn Harberts, who was slain in 1973, and another victim.&nbsp;<br /><br />Spaziano is schduled to die Sept. 21 for murdering Harberts.<br /><br />Please see <strong>Spaziano</strong>, C-4<br />[End of the second column]<br />[End of the first page]<br /><br />[start of the second page]<br /><br />[header]<br />Attorney refuses help from defenders group<br /><br />[subheading]<br />Mello said he could find no attorney willing to take over the case.<br /><br /><strong>Spaziano</strong>&nbsp;from C-1<br /><br />[Start of the third column]<br />His case gained notoriety this spring as Spaziano's earlier execution date approached. Mello writes several Florida newspapers, challenging the conviction and saying that DiLisiio had begun to waffle on his account.<br /><br />Gov. Lawton Chiles order the FDLE to investigate, but after its conclusion, Chiles signed Spaziano's fifth death warrant.<br /><br />Mello in Sunday ripped the Florida Supreme Court's Friday ruling. In a pair of motions filed with the court by fax, Mello wrote that he planned to appeal its decision to the US Supreme Court but needed a stay to give him time to complete the paperwork.&nbsp;<br /><br />In a second motion, he argued the defense needs more time to prepare for Friday's hearing.<br /><br />"WHat the Florida Supreme Court did on Friday was not a victory," Mello said by phone from his home in Vermont. "What they have given us is the illusion of due process...while making it totally impossible for me to participate."<br /><br />Mello said Florida denied his request dor money, and he does not have the dinds to investigate or even travel to Florida for the hearing. He said he simply would not<br />[end of the third column]<br /><br />[Start of the fourth column]<br />make the trip.&nbsp;<br /><br />"It's better that he not have an attorney at the hearing than he have the illusion of representation at that hearing," Mello said.<br /><br />Mello said he attempted but found no attorney willing to take over the case.<br /><br />However, in its ruling Friday, the state Supreme Court said the state's death-row equivalent of a public defender's office, Capital Collateral Representative, is capable and competent to represent Spaziano. It wrote that Mello should use its resource if he does not have his own.<br /><br />Mello said he would not let CCR take back the case, aaccusing it of botching an appeal earlier this year.<br /><br />Matin McClain, CCR's chief assistant said his agency thinks Spaziano is innocent and is prepared to take back the case, but Mello "has all the files, and he won't give them to us... I'm very distressed by the situation that Mr. Spaziano finds himself in. He's innocent man on death row, and we're supposed to be helping him, and we don't know what's going on."<br /><br />[Image and Caption]<br />Joseph Spaziano talks about execution, scheduled for Sept. 21, during an interview last week at Florida State Prison in Starke.<br /><br />[end article]<br /><br /></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 Spaziano's lawyer files new requests Creator An entity primarily responsible for making the resource Stutzman, Rene Source A related resource from which the described resource is derived The Orlando Sentinel Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-08-11 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Subject The topic of the resource Capital punishment Description An account of the resource Michael Mello files a new request in Joseph Spaziano's case. https://hist299.umwhistory.org/files/original/3a5287cf20717c54587836b10ad74eda.jpg 12c5941c423adc1931d98c5eb36d620d https://hist299.umwhistory.org/files/original/18519869f743c4f0877868c3f56969bd.jpg ecfb72bbe9a3b86346f82ad2500e688d https://hist299.umwhistory.org/files/original/28da140502431a1b0a0d9f43ec43d4cd.jpg 1f718541d36d51c7a27fee7160d475b4 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 1, 1976-1979 Text Text Any textual data included in the document Former Secretary of State Dean Rusk was on campus at Mary Washington College yesterday, fielding questions about United States foreign policy from students and professors, especially about the era of Vietnam when he played a key role. <br /><br />The visit opened a three-day stay for Rusk as Distinguished Visitor in Residence at MWC for 1977, climaxing Sunday evening with a major address by the former top statesman. <br /><br />In both a press session and an afternoon class meeting, Rusk faced dozens of student interrogators, most of them well-back-grounded, polite but persistent and frequently armed with written questions. While it wasn't a campus scene from the 60s, charged with the air of confrontation-a few students did appear timid in the face if the imperturbable Rusk-many of them took advantage of the chance to probe the mind of a man who had worked the levers of great powers. <br /><br />What they discovered was a sure-footed professor whose knowledge of foreign affairs was gained in eight rough years in the Washington pressure cooker and deepened by both distance and time since then. <br /><br />Defending without defensiveness, Rusk did not noticeably back away from crucial U.S. actions in Southeast Asia during is years as a key advisor, but he did tell one questioner that with the hindsight of 1977, some things might well have been done differently. <br /><br />A professor of international law these days at the University of Georgia, Rusk displayed ease, candor and authority in his remarks. <br /><br />"It's hard to do in cold blood what you may need hot blood for," he said of U.S. restraint in the conduct of the Vietnam conflict. <br /><br />On a personal note he told one student journalist that his greatest satisfaction form government service was his role in "adding eight more years to the time since a nuclear weapon has been used to kill someone," a point which he picked up later int he day with the comment: "War is the principal obscenity on the face of the human race; how we prevent it is the question." <br /><br />Conservatively attired in vested dark blue pin stripes, the statesman-turned-teacher appeared to be more at ease than his questioners in a meeting with journalists, most of whom were students. "You learn to say nothing at considerable length at a press conference," he cracked. <br /><br />In a more serious vein, Rusk said it will take another 15 to 20 years and a younger generation to place the Southeast Asian conflict in historical perspective.<br /><br />Facing a philosophy class following lunch, Rusk dealt with an hour's worth of queries concerning the role of morality in foreign policy. <br /><br />"If your decisions are going to be about people," he declared take them into account, you are not going to be dealing with the real world." Morality, he said, contrary to popular cynicism, figures in foreign policy decisions, but often by way of a foundation or background to events and actions. <br /><br />A history major dug into the morality of U.S. policy in the Vietnamese war, following through repeatedly when the Johnson administration advisor failed to concede weakness in that aspect of the national stance. <br /><br />In an hour of civilized but steady interrogation in the first of his classroom meetings with MWC students, Dean Rusk may have been ready oft the bell when it rang, but it didn't show. He rose from a plain wooden desk, got a solid round of applause and left-for more of the same at a class in comparative government. <br /><br />The former statesman is the seventh notable to visit the campus under the Distinguished Visitor in Residence program, which is sponsored by the college alumni association. Since its inception it has brought to the campus anthropologist Margaret Mead, social activist Saul Alinsky, historian Arthur Schlesinger Jr., novelist Chaim Potok, choreographer Agnes deMille and columnist Frank Mankiewicz. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource For Rusk, more queries on Vietnam Subject The topic of the resource Vietnam War, 1961-1975 Rusk, Dean Language A language of the resource English Creator An entity primarily responsible for making the resource Sullivan, Paul Description An account of the resource The visit of former Secretary of State Dean Rusk's visit to Mary Washington specifically talking at the Vietnam War. Source A related resource from which the described resource is derived The Free Lance-Star 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 1977-11-12 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 3 JPG Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Fredericksburg, VA Mary Washington College Vietnam War https://hist299.umwhistory.org/files/original/8fc571872b7d99e3ecde2a025d607162.jpg 60ae4cc7268439ed2bc59100a07ca2d0 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 2, 1983-1994 Text Text Any textual data included in the document "We're a hang 'em high state," attorney Jim Green says. And the Palm Beach County lawyer is not alone in his assessment. Florida has been dubbed the nation's capital punishment capital because of its high number of executions-13, more than any other state since the death penalty was reinstituted in 1977. <br /><br />It is not just the executions that trouble Green, who is well-known for his advocacy of controversial causes. It is a provision of Florida law that allows judges to override jury recommendations for life in capital punishment cases. Green and many others, including the Florida Academy of Trial Lawyers and the Florida Bar Association, want the law changed. They don't want judges to be able to throw out a jury's recommendation of life imprisonment and order a defendant to his or her death. <br /><br />Death cases are automatically reviewed by the Florida Supreme Court, and nearly four-fifths of the decisions to override the jury's recommendation of a life sentence have been reversed on appeal. But those who favor restrictions on the judge's right to override don't find this fact comforting. The American Civil Liberties Union, of which attorney Green is a state board member, says the current system is inefficient and expensive, not to mention "highly questionable." <br /><br />"If there can be any justification for capital punishment, it's retribution," Green says. Empirically, there is no conventional data that capital punishment acts as a deterrent. The only arguable justification in light of this is retribution. The death penalty reflects community outrage. Our system of justice placed the determination of community outrage in the hands of juries as opposed to judges.<br /><br />[image - Carolyn Susman]<br /><br />"And 93 percent of judges are white males. It seems somewhat anomalous for us to allow juries which tend to reflect a fair cross-section of the community to be overriden by a judicial system that is overwhelmingly white male." <br /><br />A bill has been filed again this year by Rep. James Burke (D-Miami) that would make a recommendation of life imprisonment binding [on the] court. Last year, the bill made it out [of] two of three Senate committees. Supporters hope that, with the backing of the Florida Bar Association this year, it will do better. <br /><br />Only three states in the nation-Florida, Alabama, and Indiana-give judges the right to override jury recommendations of life in death penalty cases. "Florida is the only state that employs the override frequently, despite the fact the Florida juries are among the most death-prone," wrote Michael Mello, in an article in the Florida State University Law Review last spring. <br /><br />Mello was on the staff of the Palm Beach County public defender's office until October, when he joined a newly formed group in Tallahassee that was created by the Legislature to ensure that inmates on death row get representation when they need it. <br /><br />So far, there is only one case in Florida where a jury override has resulted in death: Ernest Dobbert. In 1984, Dobbert was executed, despite the fact the jury had voted 10-2 for life imprisonment. Mello says two other cases, which also were overrides, are nearing the end of their appeals and a third defendant, sentenced to death the same way, "is at very serious risk." <br /><br />Palm Beach County Chief Assistant Public Defender Craig Barnard can recall only one case here where a judge overrode a jury's recommendation of life, and Barnard has been with the public defender's office since 1974. The case was that of Jackson Burch, who was found guilty in 1973 of the murder of an 18-year-old Palm Beach Junior College student, Pamela Curry. The jury override became law in 1972. <br /><br />Circuit Judge Vaughn Rudnick's decision to sentence Burch to death was reversed by the state Supreme Court in 1977. <br /><br />"This county seems fairly rational when it comes to juries and the ultimate sanction," Barnard, who specializes in death-row cases, said. <br /><br />Palm Beach County Circuit Judge Marvin Mounts Jr. employed an override in the Michael Nelson case in 1982 to sentence Nelson to life in prison, instead of death, for the murder of his wife Linda. But even though he has never used an override to reverse a recommendation for life in prison, Mounts has doubts about whether the override when life is recommended should be removed.<br /><br />"Anytime you do anything inflexible, the first case that comes along should be the exception. I've been working with juries 26, 27 years. You usually weed out the bigots in the selection process. You get good people who are conscientious and really care. But I think the Supreme Court has been good on riding herd on the imposition of the death penalty."<br /><br />[end page]<br /><br />A bill has been filed again this year by Rep. James Burke (D-Miami) that would make a recommendation of life imprisonment binding on the court.<br /><br />[image - James Burke]<br /><br />[end page] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Dinger, Francesca 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 Capital-Case Judges' Override Powers Trouble Lawyer Subject The topic of the resource Criminal law--Florida Description An account of the resource Attorney Jim Green supports a bill filed by Rep. James Burke that would overturn Florida's law which allows judges to issue death sentences against juries' recommendations. Creator An entity primarily responsible for making the resource Susman, Carolyn Source A related resource from which the described resource is derived Palm Beach Post Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1986-02-16 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida capital punishment death penalty Florida https://hist299.umwhistory.org/files/original/01a7055b4d1680c77b8ce5188f9043ec.jpg e056f64a315d8ae19075c109f87bda36 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [heading] <br />Spaziano gets new lawyers, judge<br /><br />[subheading]<br />By Beth Taylor <br />Of the Sentinel Staff<br /><br />[start of the first column] <br />Sanford- Joseph “Crazy Joe” Spaziano, who won a stay of execution after a key witness changed his story, will have a new law firm and a new judge at a November hearing. <br /><br />Holland &amp; Knight, the state’s largest law firm, has taken over defense of the biker convicted of the 1973 killing of Orlando hospital clerk Laura Harberts. <br /><br />Meanwhile, Robert McGregor, the retired judge who presided at Spanziano’s 1976 trial, has removed himself from the case after defense lawyers raised questions about his impartiality. <br /><br />The hearing, called to evaluate whether Spaziano deserves a new trial, has been assigned to Seminole Circuit Judge O.H. Eaton, a 52-year-old former prosecutor in his second term. <br />[end of the first column] <br /><br />[start of the second column] <br />Spaziano, 50, was scheduled to die Sept. 21 under his fifth death warrant, but the state Supreme Court postponed the execution because witness Anthony DiLisio now says he lied at the trial in Sanford nearly 20 years ago. <br /><br />DiLisio now denies that Spaziano took him to an Altamonte Springs dump where he saw the mutilated bodies of Harberts and another woman. <br /><br />The Supreme Court ordered the trial court to hold a Sept. 15 hearing. But Spaziano’s lawyer, Vermont law professor Michael Mello, refused to attend or to turn records over to the state’s Office of Capital Collateral Representative, which represents indigents on death row. <br /><br />Mello said he had too little time to prepare and did not trust the CCR. <br /><br />The high court threw Mello off the case, rescheduled the hearing, and asked McGregor to preside. But the CCR asked for a new judge, citing <br />[end of the second column] <br /><br />[start of the third column] <br />McGregor’s public comments about the case in recent newspaper articles. <br /><br />John Dean Moxley, chief judge of the Seminole-Brevard circuit, reassigned the case after talking with McGregor. <br /><br />“We talked it over, and he thought it was a good motion,” Moxley said Wednesday. <br /><br />Holland &amp; Knight was Mello’s second choice to replace him as Spaziano’s lawyer. Miami criminal lawyer Jeff Weiner signed on last week, but withdrew from the case one day later after a disagreement with Mello. <br /><br />“We think everyone, even people who are despised by many people, are entitled to due process,” said Sandy Bohrer of Holland &amp; Knight, which will represent Spaziano at no charge.<br /><br />Bohrer said Mello agreed to turn over his files. Mike Griffin of the Sentinel staff contributed to this report. <br /><br /><em>Mike Griffin of the Sentinel staff contributed to this report.<br /><br />[end of the third column] <br /><br /><br /></em> Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Robertson, Brooke Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano gets new lawyers, judge Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Subject The topic of the resource Capital punishment Spaziano, Joe Creator An entity primarily responsible for making the resource Taylor, Beth Description An account of the resource A key witness in the trial of Joseph Spaziano, for the murder of Laura Harberts, changed his statement. Spaziano now has a new legal team and the presiding judge has removed himself in fear of impartiality. Spaziano's execution has been postponed and a new trial will take place in the near future. Source A related resource from which the described resource is derived Taylor, Beth , “Spaziano gets new lawyers, judge.” Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Sanford, FL capital punishment Joe Spaziano Michael A. Mello Michael Mello https://hist299.umwhistory.org/files/original/6c9c5e84f71caf487c0ae3216b5d3986.jpg f1eb323d30844e06b0e1247b6b1626b2 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 New trial for Martin requested Injury to his brain not reported to jury Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Evening Times Date A point or period of time associated with an event in the lifecycle of the resource 1985-03-14 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 Atlanta, GA Language A language of the resource English 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 2, 1983-1994 Text Text Any textual data included in the document ATLANTA—Lawyers for convicted murderer Nollie Lee Martin asked a federal appeals court to grant him a new trial, claiming evidence of their client’s damaged brain didn’t come out until after the 1978 trial. Martin was condemned to death for the rape and murder of college student Patricia Greenfield of Boynton Beach. Testimony by psychiatrists at the original trial indicated he was sane and had not suffered brain damage, attorney Michael Mello said, but “in fact, Mr. Martin is missing part of his brain.” Wednesday, Mello told a three-judge panel of the 11th U.S. Circuit Court of Appeals that Martin’s injury, which happened when he was run over by a wagon wheel, did not come to light until after the trial. Because the jurors who convicted Martin and recommended the death penalty did not know about the brain damage, they were operating under a false assumption, he argued. Marint, 36, of Chapel Hill, N.C., was convicted of murder in the June 1977 death of Ms. Greenfield, a college student who was working at a Delray Beach store. Martin and co-defendant Gary Forbes were accused of robbing the store, abducting Miss Greenfield, raping her at Martin’s apartment and then taking her to a landfill near Lantana, where she was fatally stabbed in the throat. Forbes pleaded guilty to murder and testified at Martin’s trial. Martin’s conviction and death sentence were upheld by the Supreme Court of Florida in 1982, and he lost an appeal in U.S. District Court last year. That decision was appealed to the 11th Circuit. In addition to the issue of brain damage, Mello told the appeals court that two confessions made by Martin after his arrest in July 1977 were invalid. “We maintain that both confessions were obtained in violation of (Martin’s) Miranda (rights), both were involuntary and the second was obtained in violation of Mr. Martin’s 6th Amendment right to counsel,” he said. But Joan Fowler Rossin, an assistant Florida attorney general, argued that the confessions were valid. Martin “was not threatened, he was not made any promises and he was not coerced,” she said. She also argued that Martin was given adequate neurological and psychiatric evaluations before the trial. Contributor of the Digital Item Person submitting the digital item to the collection. Sellers, Jason Notes Additional information regarding your item. This content will not be viewable in the Public View. The Palm Beach Times changed its name to The Evening Times in 1979, then merged with The Post in 1987 to become The Palm Beach Post. 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 New trial for Martin requested Injury to his brain not reported to jury Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Evening Times Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1985-03-14 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 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 Atlanta, GA Subject The topic of the resource Capital punishment--Florida. Capital punishment--United States--Psychological aspects. Description An account of the resource Newspaper report on the 1985 request for a new trial for Nollie Lee Martin, convicted of murder in 1978. Martin's lawyers, including Michael Mello, cite the defendant's pre-existing brain damage in their request. brain injury death penalty Delray Florida Greenfield Martin Mello Miranda rights https://hist299.umwhistory.org/files/original/8ce33990e5095ed89ed471ed05ba28ba.jpg a45dba2557d045bbcf8b7179e21fbe56 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 Escapes Execution Again 11 Years After Execution Creator An entity primarily responsible for making the resource The Associated Press Publisher An entity responsible for making the resource available Palm Beach Post Date A point or period of time associated with an event in the lifecycle of the resource 1988-09-19 Language A language of the resource English Subject The topic of the resource Escapes execution Description An account of the resource The 90-pound, 94 year old widow was raped, beaten and stabbed to death in minutes. Nearly eleven years later, her convicted assailant’s battle for life continues as his lawyers keep winning delays in court. 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 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Palm Beach, Fl 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 2, 1983-1994 Text Text Any textual data included in the document GAINESVILLE- the 90-pound, 94 year old widow was raped, beaten and stabbed to death in minutes. Nearly eleven years later, her convicted assailant’s battle for life continues as his lawyers keep winning delays in court. Stephen Todd Booker, now 35, appears likely to survive his fourth death warrant in the case. U.S. District Judge Maurice Paul on Friday stayed Booker's scheduled Tuesday execution. The state is appealing Paul's stay. On Nov. 9, 1977 Booker raped, beat and stabbed Lorine Demoss Harmon of Gainesville. Booker, a drifter, had broken into Harman's apartment and was ransacking it when she returned home. Booker left two knives embedded in her body, one in her neck and one in her chest. Booker's attorney said his sentence was unconstitutional because the jury wasn't allowed to consider some mitigating evidence such as Booker's history of psychological problems. For Assistant State Attorney Ken Herbert, who prosecuted the case, the 10 years of appeals represent an abuse of the system. "If the death penalty is a detergent, then most people would argue it's got to follow soon after the crime," Herbert said. "The system is working precisely the way it should," said Michael Mello, one of Booker's attorneys. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Killer escapes execution again 11 years after widow's murder Subject The topic of the resource Executions (Administrative law) Description An account of the resource The 90-pound, 94 year old widow was raped, beaten and stabbed to death in minutes. Nearly eleven years later, her convicted assailant’s battle for life continues as his lawyers keep winning delays in court. Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Palm Beach Post Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1988-09-19 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 Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Palm Beach, FL https://hist299.umwhistory.org/files/original/66dd7b953a380a2897d29618f4958aa1.jpg 8372335b3a1c0ed8cb8254edbf057609 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 3, 1995 Text Text Any textual data included in the document TALLAHASSEE- After a two-month investigation, Gov. Lawton Chiles had no doubts Thursday in signing another death warrant for Joseph “Crazy Joe” Spaziano, condemned for a mutilation-murder 22 years ago. Spaziano, 49, had been scheduled to die in Florida’s electric chair in late June, but the governor canceled the execution after media reports raised questions about the case. The Florida Department of Law Enforcement has been investigating since then. “This exhaustive review removes any doubt in my mind about this case,” Chiles said in a statement released by his office. The FDLE report backs up the conclusion of every court that ever heard the case, Chiles said. “Joseph Spaziano has received due process, and justice demands that he now face the consequences for the crimes he has committed,” Chiles said. The warrant is in effect from noon Sept. 19 through noon Sept. 26. The execution has been scheduled for 7 a.m. Sept. 21 at Florida State Prison near Starke. A Vermont law professor who represents Spaziano said he spoke with his client after learning about the warrant. “He’s terrified. He’s angry,” said Michael Mello of Wilder, Vt. “He asked me, ‘What should I be doing now?’ I said, ‘You and your family need to be preparing for your death.’” Mello called the FDLE investigation a wash. Spaziano was serving a life prison term for an unrelated rape conviction in 1975 when he was charged with the murder of Laura Lynn Haberts, whose sexually mutilated body had been found in a trash dump near Altamonte Springs on August 22, 1973. Another decomposed body was found in the dump, but it has ever been identified, and Spaziano faced no charges in that case. A jury convicted Spaziano of Haberts’ murder only after twice telling the judge they couldn’t reach a verdict. The jury voted 9-3 for life imprisonment, but Circuit Judge Robert McGregor sentenced Spaziano to death. One of the jurors said the panel favored the life sentence because of doubts about Spaziano’s guilt. The jury wasn’t told about Spaziano’s rape conviction. Three Florida governors have signed death warrants for Spaziano. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Bishop, Michelle Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Governor signs another death warrant for Spaziano Subject The topic of the resource Capitol punishment Chiles, Lawton, 1930-1998 Description An account of the resource Joseph Spaziano is served another death warrant despite doubts about his guilt Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived "Governor Signs Another Death Warrant for Spaziano." The Gainesville Sun. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-08-25 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, Fl https://hist299.umwhistory.org/files/original/19ade6d44a0f045ec0f79519d27bc3d1.jpg 8bbd12820a2d3e413963d953ce6932c7 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [header] Spaziano awaits decision [start of the first column} TALLAHASSEE -- An attorney for Joseph "Crazy Joe" Spaziano asked the state Supreme Court for a chance to prove his client is innocent in the murder sending him to the electric chair in two weeks. A lawyer for the state, however, urged the justices not to stay Spaziano's execution on "mere speculation." After bearing oral arguments Thursday, Florida's high court will make a decision at its own discretion; Spaziano, 49, is scheduled to be executed Sept. 21 for the murder of a n Orlando woman 22 years ago. During the hourlong hearing, justices and lawyers had exchanges about testimony at a trial held nearly 20 years ago, about judicial procedure, about the role of the state's high court in reviewing capital cases. "The proceeding before us has taken a rather free form," Justice Harry Lee Anstead told Spaziano attorney Michael Mello. "This is the way you have approached this case before the court, and it's obviously causing us considerable difficulty." Mello, a Vermont law professor, has filed hundreds of pages of pleadings before Florida's high court, but he began his presentation [end of the first column] [start of the second column] [quote] "If I had an opportunity to prove Mr. Spaziano's innocence before a jury, he would be acquitted." -Attorney Michael Mello [text resumes] by telling justices that all the issues were secondary because his client did not kill Laura Lynn Harberts. The 18-year-old hospital clerk's body was found in an Altamonte Springs dump in August 1973. "I believe that if I had an opportunity to prove Mr. Spaziano's innocence before a jury, he would be acquitted," Mello said. "All I'm asking for . . . is a stay of execution and the provision of resources." Anthony Dilisio, a key prosecution witness in Spaziano's trial, recanted his testimony earlier this year, prompting Gov. Lawton Chiles [end of the second column] [start of the third column] to suspend Spaziano's fourth death warrant. However, after an investigation by the Florida Department of Law Enforcement into the recent comments by Dilisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. Mello questioned the reliability of the FDLE investigation, which he governor has refused to release, as "supersecret information that supposedly reliable witnesses supposedly told FDLE that supposedly correctly-reported to the governor." But Anstead questioned the strength of Mello's appeal before Florida's high court. "I can't imagine new evidence more substantial than a disavowal of the critical testimony by the witness," Mello answered. If Mello had filed the proper motion in trial court, he would have been required to meet two tests, Anstead said. The first test is whether the recanted testimony was substantial enough to undercut Spaziano's conviction; the second is whether the issue should have been raised earlier. Anstead asked Mello if he could have jumped through "those two ordinary hoops." Justice Ben Overton then interrupted the attorney, asking why he had not presented an affidavit from Dilisio recanting his testimony. [[shot of Spaziano speaking through glass in prison visiting area by Dede Smith from The Gainesville Sun]] Joseph Spaziano talks Wednesday at Florida State Prison about his execution scheduled for Sept. 21. [end of the article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) vol. 68, issue 5 Contributor of the Digital Item Person submitting the digital item to the collection. McGowan, Khayla Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano awaits decision Subject The topic of the resource Capital punishment Spaziano, Joseph Description An account of the resource This newspaper article discusses Joe Spaziano's last minute appeal to the courts to stay his execution, scheduled for September 21, 1995, thirteen days after the article's publishing. Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Associated Press. "Spaziano Awaits Decision." The Gainesville Sun, September 8, 1995. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-08 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL https://hist299.umwhistory.org/files/original/0b4898971e38d855868e0048caf115c7.jpg 3ec919b1a5f4681a5864444afc6a942c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Moore, Kyle Text Any textual data included in the document [heading]<br />Spaziano hearing set, but stay rejected&nbsp;<br /><strong>State/Regional News</strong><br />The Associated Press<br /><br />[start of the first column]<br />Tallahassee- The Florida Supreme Court refused Friday to stay the execution of Joseph "Crazy Joe" Spaziano but ordered a lower court to hold a hearing within a week into his claims of innocence.<br /><br />In an unsigned opinion, the justices all agreed a trial judge should consider the recent recantation of a key prosecution witness who said he lied during Spaziano's trial nearly 20 years ago.<br /><br />But the state's high court split 4-3 in its refusal to delay the execution.<br /><br />Spaziano, 49 is schudled to die in Florida's electric chair on Sept. 21 for the murder-mutilation of an 18-year-old Orlando woman in August 1973.<br /><br />"We decline at this time to grant a stay of execution, but allow the trial court an opportunity to&nbsp;<br />[end of the first column]<br /><br />[start of the second column]<br />address this issue,' the majority said in a ruling that came just 26 hours after oral arguments.<br /><br />Chief Justice Stephen Grimes and Justice Ben Overton, Major Harding, and Charles Wells supported the majority ruling.<br /><br />The other three justices said they agreed a lower court should review the recanted testimony but argued against setting a deadline for the hearing.<br /><br />In a minority opinion supported by Justices Leander Shaw and Harry Lee Anstead, Justice Gerald Kogan said he believed Spaziano should be given an indefinite stay of execution.<br /><br />Spaziano is condemned for the murder of Laura Lynn Harberts, whose body was found in an Altamonte Springs dump.<br /><br />The key witness at Spazino's trial was Anthony DiLisio, who recanted his testimony earlier this year, prompting Gov. Lawton Chiles to suspend Spaziano's fourth death warrant.<br /><br />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 />Richard Martell, who oversees the state lawyers who defend death sentences, said he eas still studying the decision. Michael Mello, the Vermont law professor who represents Spaziano, did not respond to a request for reaction.<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 Spaziano hearing set, but stay rejected Subject The topic of the resource Capital Punishment Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Palm Beach Post Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 09-09-1995 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Palm Beach, FL Description An account of the resource The Florida Supreme Court refused to stay the execution of Joseph Spaziano but ordered a lower court to hold a hearing into his claim of innocence. Format The file format, physical medium, or dimensions of the resource 300 DPI 1 JPG https://hist299.umwhistory.org/files/original/c9c38a51819e67516b000fb9bd73977a.jpg 88de3cd9b52922184b7b65a5b263168d https://hist299.umwhistory.org/files/original/ee4c15c9121cc7220cdcb367b480768a.jpg 28d9af3b439b4576d18169df2df9bf65 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Heading] Spaziano gets stay of execution [subheading] The court grants the indefinite stay after his attorney refuses to cooperate with the state. [BEGINNING OF PAGE ONE] The Gainesville Sun-Wednesday, September 13, 1995, Joseph "Crazy Joe" Spaziano cannot be executed next week because his attorney has refused to cooperate with state lawyers assigned to the case, the Florida Supreme Court said Tuesday. In giving Spaziano an indefinite stay of execution, the court canceled his fifth scheduled trip to Florida's electric chair. The unsigned opinion issued on Spaziano 50th birthday. Spaziano is condemned for the August 1973 mutilation-murder of Laura Lynn Harberts, 18, an Orlando hospital records clerk. The execution had been set for 7 a.m. Sept 21. Harbert's father said his family has had to cope with the case for many years. "I just feel in the end it's going to be a long time, but I hope justice is served," Art Harberts, 67, said. "There is a lot of suffering and anguish for other people." Harberts, who lives in the Jacksonville area, said he attended Spaziano trial and had no doubt for his guilt. Michael Mello, the Vermont law professor who has been representing Spaziano for free and maintained his clients is innocents, said he was relieved by the stay. The Supreme Court said a stay was required because Mello has refused to cooperate with the state regency that represents indigent Death Row inmates, despite an order from the court on Friday to do so. "The fair administration of justice in Florida cannot proceed with such flagrant disregard of this court's procedures and directions," the Tuesday opinion reads. The high court on Friday ordered a central Florida trial court to hold a hearing into the merits of Spaziano appeal by the end of this week. Mello said he would not attend because the justices didn't give him enough time to prepare. In Tuesday's ruling, the court said that decision by Mello indicated he had effectively withdrawn as Spaziano's attorney. The court said it was aware Spaziano is opposed to have the office of Capital Collateral Representative, the state agency that represents Death Row inmates, involved in his case. See EXECUTE on page 2B [END OF PAGE ONE] [BEGINNING OF PAGE TWO] Execute Continued from page 1B "Spaziano is faced with a choice" the court wrote, saying it was him to be represented by CCR, a competent volunteer attorney or no one. Chief Justice Stephen Grimes and Justice Ben Overton, Major Harding and Charles Wells supported the majority opinion, which ordered a hearing into Spaziano's appeal by Nov. 15. Justice Lender Shaw, Gerald Kogan and Harry Lee Anstead said they agreed a stay was necessary and that Melo was off the case. But the three justice said they didn't think a deadline should be set for the hearing. In Tuesday's ruling, the court ordered Mello to turn the case files ordered Mello to turn the case files over to CCR and directed CCR to act as Spaziano's counsel "without Mello's assistance or inteference." Mello said he hoped to be able to stay on the case by putting together a defense team that includes him as well as a major Florida law firm willing to donate donate its time. [END OF PAGE 2] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Hogue, Paul Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano gets stay of execution Description An account of the resource The judge for Joe Spaziano case gave Joe a delay his execution because of his lawyer did want to cooperate with the state attorney. Joe Spaziano was supposed to be executed for the murder of Laura Lynn Harberts who was 18 on August 1973 who was found dead and mutilated. Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived "Spaziano gets stay of execution." The Gainesville Sun (Tallahassee, Florida), September 13, 1995, p. 1B-2B. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-13 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL Subject The topic of the resource Capital punishment Spaziano, Joe Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 dpi death penalty stay of execution https://hist299.umwhistory.org/files/original/4fc4a6d54b825662fddd18dda1fd6995.jpg 7951226fccceb50a9588c0c100b5ffdb 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 Vt. Law Prof Aids Kaczynski Defense Subject The topic of the resource Defense attorney aids plaintiff Creator An entity primarily responsible for making the resource Rutland Daily Herald Description An account of the resource Michael Mello, Professor of Law in Vermont helped the attorneys representing the Unabomber. Coincidentally, one of the bombs sent by Kaczynski killed this same Law Professor's mentor, Judge Robert S. Vance of Birmingham, Alabama. Source A related resource from which the described resource is derived Newspaper article by the Associated Press Publisher An entity responsible for making the resource available The Associated Press Date A point or period of time associated with an event in the lifecycle of the resource Tuesday, December 9, 1997 Rights Information about rights held in and over the resource Copyright Associated Press Format The file format, physical medium, or dimensions of the resource Newspaper article Language A language of the resource English Identifier An unambiguous reference to the resource within a given context Vermont Law School Profesor Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Murder Trial of Ted Kaczynski 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 5 Text Text Any textual data included in the document [Title] Vt. Law Prof Aids Kaczynski Defense South Royalton – A Vermont Law School professor whose mentor was killed by a mail bomb is helping defend the man accused of being the Unabomber. Michael Mello is helping attorneys for Ted Kaczynski fight the admissibility of the Montana hermit’s journals, which prosecutors said “are the backbone of the government’s case.” Mello, who keeps a diary, contends a person’s diary should be given the same constitutional protection against self-incrimination as his spoken words, which are guaranteed by the Fifth Amendment. Since early May, Mello has had a half-dozen phone calls with Judy Clarke, Kaczynski’s lead lawyer. Kaczynski is facing federal charges that he sent four bombs through the mail, killing two people. Federal prosecutors in the trial in Sacramento, Calif., are seeking the death penalty. Although the prosecution won an early round on Kaczynski’s diary, Mello expects his argument to prevail. “My diary is an extension of my own mind and my own soul and my own heart,” Mello said. “And the Fifth Amendment of the Constitution of the United States says the government can’t extract information from my mind, my heart, and my soul. “That’s what the prohibition against compelled self-incrimination means.” Mello, 40, has taught at Vermont Law School since 1988. He has spent much of his legal career defending death row inmates  in Florida and he clerked for U.S. Appeals Court Judge Robert S. Vance. The Birmingham, Ala., judge was killed in 1989 by a bomb sent to his home. “He was as close to a professional father as I’ve ever had,” Mello said. “I loved him.” The man convicted of killing Vance, Walter Leroy Moody, was sentenced last year to death. Moody also kept a diary, and the very pieces of the Kaczynski defense that Mello is helping to design could be used to save the man who killed the most important person in Mello’s life. Mello’s “nightmare” is that his diary argument will be used to win Moody a new trial, and that at the trial, he’ll be acquitted. But as a legal scholar whose professional practice focuses on capital cases, he feels he must answer compelling constitutional questions in death-penalty cases. Contributor of the Digital Item Person submitting the digital item to the collection. Childers, Daniel Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper article Student Editor of the Digital Item Van Doren, Jamie 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 Vt. Law Prof Aids Kaczynski Defense 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, professor of law in Vermont, helped the attorneys representing the Unabomber. Coincidentally, one of the bombs sent by Kaczynski killed this same law professor's mentor, Judge Robert S. Vance of Birmingham, Alabama. Date A point or period of time associated with an event in the lifecycle of the resource Tuesday, December 9, 1997 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Unabomber criminal trial Text Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Creator An entity primarily responsible for making the resource The Associated Press Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Subject The topic of the resource Kaczynski, Theodore John, 1942-