2 20 256 https://hist299.umwhistory.org/files/original/419ea3700efda77917359ad5cecdd88c.jpg f82c30582539aac8b42be663cbd6830c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [heading] The Lawyer’s Bookshelf [subheading] Reviewed by Ursula Bentele [handwritten text] New York Law Journal (8/9/96) [title] Against the Death Penalty: The Relentless Dissents of Justices Brennan and Marshall [author] By Michael Mello. [publishing information] Northeastern University Press, Boston, Mass. 331 pages. $45. [article start] Against the Death Penalty by Michael Mellow addresses a fascinating topic in its most compelling context. The question of what is the appropriate reaction of a judge to what he or she perceives to be an unjust law has plagued philosophers and jurists for centuries. When that law can result, as it now can even in New York, in putting a human being to death, the issue takes on additional urgency and drama. [end paragraph] [start paragraph] In a recent program at the Association of the Bar of the City of New York discussing this topic, speakers disagreed sharply about the “right” response of a judge, opposed to capital punishment, who is faced with the prospect of participating in a criminal justice system that carries out executions. On the trial level, might the judge be duty-bound to volunteer for capital cases, so as to ensure that the defendant will secure the most favorable possible rulings and instructions, or should the judge request that such cases not be assigned to her? Should the judge on an appellate court use all his persuasive powers to reduce the number of death sentences affirmed, while dissenting in all cases in which the majority disagrees, or, at some point, must the judge resign as a matter of conscience? [end paragraph] [start paragraph] Justice Robert Utter, a highly respected member of the Washington Supreme Court who had dissented in every case in which a death sentence was affirmed, finally resigned last year, announcing that “I can no longer participate in a legal system that intentionally takes human life in capital punishment cases.” He said his decision was prompted in part by similarities he observed in his own moral struggles with those reported in Ingo Muller’s Hitler’s Justice: The Courts of the Third Reich. [end paragraph] [start paragraph] Whether this analogy, or similar ones referring to the judges who upheld the apartheid laws in South Africa, is entirely appropriate to the situation of anti-death penalty judges operating within the American system of justice may be debated. Nonetheless, a book with the title Michael Mello gave to his book would, I had hoped, discuss in some considerable depth and from a wide perspective the different responses to cases in which current law and personal morality conflict. While the book does not touch on some of these issues, to my disappointment it does so only briefly and in a limited fashion. [end paragraph] [start paragraph] Like Michael Mello, I have represented scores of death row inmates. As counsel for those facing execution, I always appreciated the presence of Justices William J. Brennan and Thurgood Marshall on the U.S. Supreme Court in these cases, not simply for their inevitable votes against death, but for their eloquent voices in dissent. Yet at times a sense of disquiet tugged at my subconsciousness. Would I be so sure that they were acting appropriately if I happened to disagree with their position? [end paragraph] [start paragraph] Indeed, when Justice Antonin Scalia announced his intention no longer to follow the precedents, set by the Court in Woodson v. North Carolina and Lockett v. Ohio, requiring individualized consideration of all defendants charged with capital crimes, didn’t I think (as I would imagine Mr. Mello thought) that Justice Scalia acted improperly? After all, “relentless dissents” on both sides amount to stubborn refusal to abide by the well-established precedents of the highest court in the land. (Justice Scalia might even have the better of the positions, as he claimed that it was logically impossible for him to follow the Woodson-Lockett line of cases while at the same time remaining true to the Court’s insistence in other cases that the death penalty must be applied in a consistent, evenhanded fashion.) [end paragraph] [start paragraph] Mr. Mello’s book does present considerable background information relevant to the two Justices’ persistent voices against the death penalty. He begins with biographies of the two men, emphasizing particularly Justice Marshall’s long and passionate efforts on behalf of black Americans. He then chronicles the evolving practices of the Supreme Court in rendering its opinions, from Justice John Marshall’s focus on achieving unanimity whenever possible so as to enhance the Court’s credibility as an institution, through the “companions in dissent,” Oliver Wendell Holmes and Louis D. Brandeis, to the modern era in which individual voices predominate over concern for the Court as an entity. [end paragraph] [start paragraph] Mello describes some of the most famous dissents in the Court’s history: Justice Benjamin Curtis dissenting from Dred Scott v. Sandford, the first Justice John Marshall Harlan delivering the lone dissent in Plessy v. Ferguson and dissenting along with Holmes and Brandeis from the Court’s decision in Lochner v. New York, the Holmes and Brandeis dissents from the Court’s incursions on the First Amendment, and similar dissents by Justices Hugo L. Black and William O. Douglas. From these examples, where once dissenting opinions ultimately persuaded the Court that its initial decision was wrong, Mello draws the conclusion that dissents have indeed been justified by history. [end paragraph] [start paragraph] Mello then surveys how various jurisprudential theories would deal with sustained dissents. Mello acknowledges that this discussion is only preliminary and limited in scope, but it does provide a basic framework for looking at the issue. At the extremes, the legal positivists would disapprove of such dissents as examples of failure to abide by the rule of law, while modern adherents to natural law would see Brennan and Marshall as abiding by a higher law, a position particularly justified when it serves to guarantee individual rights. The book does not explore what theoretical foundation actually might have influenced the Justices in their death penalty dissents beyond noting Justice Brennan’s partiality to modern natural law theory. Readers may find interesting Mello’s perception about how individual thinkers, including Herbert Wechsler, John Hart Ely and Jesse Choper, would assess these relentless dissents. [end paragraph] [start paragraph] The final chapter in the book is titled “Legitimacy in Judicial Politics.” Here Mello, with the assistance of the recently released papers of Justice Marshall, provides several instances of opinions starting as dissents that either persuaded a majority or, in the form of dissents from denial of certiorari, signaled to counsel issues that might in the future command the four votes necessary to obtain review. This section fives the reader an interesting flimpse into the workings of Marshall’s chambers, as well as demonstrating that, at least in some cases, these dissenting views not only spared some lives but affected the course of capital pubishment jurisprudence. [end paragraph] [start paragraph] Given the book’s important contribution, I consider it unfortunate that it includes gratuitous ad hominem attacks on Supreme Court Justices that are neither fully developed nor adequately supported. True, one would not expect a book dealing with the dissents of Brennan and Marshall to contain extensive critical assessments of the other members of the Court. It would therefore only have been improved, at least in this reviewer’s eyes, had it omitted such throwaway lines as “a cynical hack like Lewis Powell,” as well as a personalized diatribe against Clarence Thomas, “whose dismal performance as a Justice so far has already more than fulfilled by lowest and basest expectations . . . [who] does his speaking through groups of people plucked from the Rolodex of his best friend and through the brutal character of his judicial opinions . . ..” [end paragraph] [start paragraph] Perhaps my assessment of this book was unduly colored by my own high expectations. The question of what honorable men and women should do when faced with laws that they regard as supremely unjust is timely and of the utmost importance. Mr. Mello has performed a valuable service in gathering a lot of material relevant to this critical and difficult issue. In light of his outstanding advocacy on behalf of capital defendants, he was well qualified to analyze why the particular relentless dissents of Justices Brennan and Marshall – dissents that essentially said “not in our names” when the state was determined to put one of its citizens to death – were different from other sustained dissents. By shortchanging this issue, Mr. Mello missed a valuable opportunity, at a time when no member of the Supreme Court adheres to this position, to provide thoughtful support for judges categorically opposed to the use of capital punishment in our country. [article end] [reviewer information] Ursula Bentele is a professor at Brooklyn Law School. 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. Berrier, Carson Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Against the Death Penalty: The Relentless Dissents of Justices Brennan and Marshall Creator An entity primarily responsible for making the resource Mello, Michael Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1996-08-09 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Subject The topic of the resource Legal reform Capital punishment Supreme Court Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Description An account of the resource Review of Mello's piece discusses what the appropriate reaction of a judge should be to a law they believe to be unjust (specifically concerning capital punishment). Source A related resource from which the described resource is derived Bentele, Ursula. Review of "Against the Death Penalty: The Relentless Dissents of Justices Brennan and Marshall," by Michael Mello. New York Law Journal (August 1996). Language A language of the resource English https://hist299.umwhistory.org/files/original/bf3973aa4bcbdae112f27b984c158075.jpg 8dea838a50aa6fbca2c878a857ba8e53 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 [[Start Page]] TALLAHASSEE-- An agency that finds volunteer lawyers to handle appeals for inmates on death row is closing its doors in anticipation of losing its $1.5 million in federal funding. Tallahassee-based Volunteer Laywers' Post-Conviction Defenders Organization, which recently handled the unsuccessful appeal of Bernard Bolander, has been laying off staff and trying to find attorneys to take over the 50 cases on its books before losing its doors Sept. 30, Matthew Lawrey, the center's co-director said Tuesday. All but eight of the agency's original 23 staff members have been laid off as the center set about implementing a directive from the Administrative Office of the Federal Courts to begin an orderly shutdown. The office formerly called the Resource Center, is one of 20 such centers being shutdown across the nation. Earlier this summer, the Republican-led House Appropriations Committee eliminated the $20 million in funding for the centers that handled the appeals of about half of the nation's 3,000 death row inmates. In a letter to attorney Mike Mello, who represents death row inmate Joe Spaziano, agency co-director Jennifer Greenberg wrote the group will be unable to help in assisting with Spaziano's appeal or with the investigation of issues in his case. Spaziano is scheduled to die Sept. 21. Unlike some other states-- such as Texas -- Florida has a state agency, the Office of Capital Collateral Representative, which also handles death row inmates' appeals. Mike Minerva, head of CCR, said he doesn't yet know how the closing of the lawyers' organization will affect his caseload. "It may leave some clients without counsel," Minerva said. His office said it would be able to handle most of the cases, if it receives additional funding. Some cases, he said, such as those of co-defendants, have to be handled by someone else, to avoid conflict-of-interest problems. Right now, CCR is handling appeals for about half of Florida's 350 death row inmates. [[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. Huber, Amanda 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 Agency that helps inmates on death row to close doors 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 1995-08-30 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 Death row Description An account of the resource In Tallahassee Florida an agency is being shut down that helps inmates on death row. The agency is losing its federal funding and cannot keep its doors open for inmates. Another agency in Florida is going to attempt to take over the caseload. Creator An entity primarily responsible for making the resource Associated Press 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 Tallahassee, FL Florida Death Row https://hist299.umwhistory.org/files/original/a1c8c1486997650064e8f392793a81c3.jpg b7eb9f3c7afbbc93fb9c794090a46c67 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] An Outlaw's road [subheading] By Bruce Vielmetti Times Staff Writer [start of the first column] TAMPA -- Clarence Smith wears many marks of an Outlaw. He's got the tattoos, the Harley-Davidson cap, the vest with the skull and crossed pistons and "1 percenter" patches. He also carries the invisible scars of nine years on Louisiana's death row, and the distinction of being the only inmate to leave there a free man. His story got little publicity last year, in part because Smith avoided it. While someone else might have held news conferences and gone on talk shows to decry injustice or seek redress, Smith got a Harley and followed Outlaw Motorcycle Club advice to "go party for a year and get my mind right." Then authorities in Tampa last fall announced the indictment of 18 Outlaws and associates. At a biker funeral in Buffalo, Smith volunteered to come here and hold down the fort at the group's clubhouse of Busch Boulevard. "I was the freshest (out of prison), the cleanest," Smith said. Life on the road was good, he said, "but you gotta have a purpose." His was to support the "brothers" in the latest trial, and to try to get the Tampa chapter back on its feet. He was a daily spectator at the 41 1/2-month trial, where witnesses and prosecutors suggested his presence was just another part of the Outlaws ongoing criminal enterprise. Smith, 51, recently broke his silence about the Tampa case, his own brush with execution, and that of Joseph "Crazy Joe" [end of the first column] [start of the second column] A report in Spaziano's case is disputed. Page 5B [text continued] Spaziano, 50 another veteran Outlaw whose scheduled death in Florida's electric chair was delayed last week after questions were raised about the fairness of his conviction. "The parallels in the two cases are striking," said Spaziano's attorney, Michal Mello. "I'm hoping the final parallel will be that in a retrial, Joe will be acquitted." Smith said he plans to retire from the Outlaws Motorcycle Club soon, but remain a kind of ambassador for the group, which he says law enforcement has unfairly prosecuted for decades. "They've got us targeted for extinction," Smith says. He blames federal racketeering, or RICO laws, that he says make any unpop- [end of the second column] [start of the third column] ular group subject to persecution. "It's us today and y'all tomorrow." Zero tolerance That has been a familiar refrain of Outlaws and their sympathizers. But over the years, law enforcement has prosecuted dozens of members successfully for everything from prostitution to heinous murders. In the recent Tampa case, four Daytona members were found guilty of racketeering conspiracy, and 10 Tampa Bay defendants were found guilty of drug and gun charges. However, half the jury was highly critical of the government's elaborate undercover sting that led to the drug charges. Government witnesses portrayed the Please see ROAD 7B [end page] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) vol. 68, issue 6 Contributor of the Digital Item Person submitting the digital item to the collection. Harrison, William 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 An Outlaw's Road Description An account of the resource The article is a short account of a "outlaw." Clarence Smith was a convicted felon and spent nine years on death row. His story draws many parallels to Joseph Spaziano's according to Spaziano's lawyer. The article continues to briefly talk on Clarence and his work to ensure fairness in trials for felons from his biker gang. Creator An entity primarily responsible for making the resource Vielmetti, Bruce 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. Subject The topic of the resource Capital punishment Gang members Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Source A related resource from which the described resource is derived Vielmetti, Bruce, “An Outlaw's Road,” HIST298, https://hist299.umwhistory.org/admin/items/show/236. https://hist299.umwhistory.org/files/original/f216de267760121bc7955c50d01e2dc6.jpg f9ed99c6de1aa8fde71324c27a770df2 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 Apathy to Action: A Concrete Goal By Helen Marie McFalls Change is in the air. Many recognize the need to move forward. Numerous people cry out for it. But few actually act to alter their dissatisfaction with status-quo. Fortunately for MWC some students have risen above the prominent case of apathy and backed their discontent with action. The result is a promising, new forum for debate--THE PROMETHEUS. Last year several members of the student body became dissatisfied with the limited means of communication offered by campus publications. During the summer plans solidified and the creation of an alternative paper began. THE PROMETHEUS is not a newspaper recording daily events. Its purpose is to present controversial issues to the public and in turn to elicit discussion and debate. The publication will reflect the views of the staff and contributors. PROMETHEUS welcomes the readers' responses to the issues presented. When questioned about any threatening motives behind the origin of THE PROMETHEUS, editor, Georgetta Sharman emphatically refuted any rumors that may be circulating. She clearly stated, "We are not in any kind of competition with THE BULLET." Mike Mello, a staff member, added that they are not a radical organization out to sensationalize. Although the PROMETHEUS staff refuted this issue, they do plan to maintain a state of independence in regard to any administration censorship pressure. For this reason they have chosen to remain financially independent of college funds. THE PROMETHEUS is financed by advertisers and monetary contributions. Because PROMETHEUS does not have a "club" status yet, it cannot be distributed in the dorms on campus. The staff will file for club admittance (with Sue Hanna as adviser) as soon as the revision of the I.C.A. constitution is completed. Presently, the 500 copies are distributed in front of the Post Office every other Monday. Plans to increase the circulation and to expand the format of the paper will depend on increased financial support. Letters to the editor and articles are welcomed. The staff is open to new ideas but they do request that all articles be factual and valid. Validity, they feel is the major criterion for printing material. There are still openings on the board for ad help and lay out experience. Anyone wishing to contribute should call Georgetta. Classified ads, a new addition to the paper, are also open to public contribution. THE PROMETHEUS could be the refreshing change we've all been awaiting: activity versus apathy in a concrete form. 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. Loughery, Nate 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 Apathy to Action: A Concrete Goal Subject The topic of the resource Censorship Description An account of the resource Creation of THE PROMETHEUS, a publication meant to promote discussion and debate on Mary Washington College campus. Creator An entity primarily responsible for making the resource McFalls, Helen Marie Source A related resource from which the described resource is derived McFalls, Helen Marie, "Apathy to Action: A Concrete Goal", The Bullet, October 18, 1977, News Clippings, Box 1, April 19, 1976-October, 1979, Michael A. Mello Papers, 1957-2008, Special Collections, Simpson Library, University of Mary Washington. 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 1977-10-18 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. 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 apathy cencorship change debate PROMETHEUS publication https://hist299.umwhistory.org/files/original/e6569123c9d6ae959df8c19a53c878f4.jpg a7d828c725c2ffd5de6022449efc3c67 https://hist299.umwhistory.org/files/original/8004526b1d6c81f08f712bb3ef0c928f.jpg 3b4a81450b5ba81ae80b710f8efc04cb 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 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) Vol. 27 Issue No. 117 Contributor of the Digital Item Person submitting the digital item to the collection. Hall, Jennafer Text Any textual data included in the document [[Image]] Death Row inmate Paul Edward Magill: ‘I’ve been here for 11 years almost and more people have gotten off Death Row than have been executed – many more.’ [[end page]] Since Paul Edward Magill was sentenced to death in 1977, his lawyers have been trying to prevent him from becoming the first person in 34 years to be executed in Florida for a crime committed while a juvenile. The Florida Supreme Court twice reviewed his case, once in 1980 and again 1983. Both times Magill, who committed first-degree murder when he was 17, came out the loser. By the time he was 26, the governor had signed two death warrants against Magill, who was convicted of robbing, kidnapping, raping and murdering a store clerk in Marion County. His lawyers, however, haven’t let up, inundating appellate courts with an avalanche of briefs and pleadings in an effort to keep him out of Florida’s electric chair. Two weeks ago, they succeeded. On May 5, a Marion county jury overturned Magill’s death sentence and recommended life. The following day, the judge, William T Swingert, approved the recommendation and signed an order sentencing Magill to life, which carries a mandatory 25-year minimum term in Florida. According to one of his attorneys, Michael A. Mello, an assistant professor at Vermont Law School, who along with Clearwater lawyer Patrick D. Doherty defended Magill, he could be eligible for parole in 13 years, having already served 12 years in prison. Magill’s age at the time of the killing played no part in his life sentence. Although the U.S. Supreme Court in November heard a case, William Wayne Thompson v. State of Oklahoma, on the constitutionality of executing juveniles convicted of capital crimes, it has yet to rule. Sentencing ‘prejudice’ Instead, Magill’s resentencing was prompted by a decision of the U.S. Court of Appeals of the 11th Circuit. In 1987, the federal appeals court held that Magill’s sentencing proceeding was prejudiced by his trial lawyer’s ineffectiveness during the penalty phase of the first trial and by the jury’s failure to consider mitigating circumstances. The 11th Circuit found that the jury in Magill’s first trial was limited to consideration of five factors enumerated in the Florida Statutes. But the U.S. Supreme Court concluded in a 1987 case, Hitchcock v. Dugger, that the Constitution precludes imposing the death penalty where “… the advisory jury was instructed not to consider, evidence of non-statutory circumstances.” The 11th Circuit, therefore, remanded the case for a new trial on Magill’s sentence. During the new sentencing phase, the defense put on Magill’s family, three psychologists and a criminologist. Magill also took the stand. This time, only four of the 12 jurors voted for the death penalty. To recommend death, seven of the 12 must vote for it. Mello says that the outcome proves that when a jury is allowed to hear all the factors that mitigate defendant’s criminal behavior, the result is significantly different. “It shows that Hitchcock error really matters. It’s not just a technicality. It’s the difference between life and death.” “The theme of the defense was that this was an impulsive act done by a kid,” Mello said. “But he was a screwed-up kid who was not only chronologically a minor, but in terms of emotions was much younger than this stage can be – and Paul entered adolescence emotionally impaired. A psychologist who testified at the trial and had examined him when he was 12, likened Paul to a car with defective brakes rolling down a hill. He said that at age 12 Paul was troubled and predicted that it would only be compounded when Paul entered adolescence.” Magill had been arrested twice for indecent exposure by the time he was 15, and for shoplifting at 16. He frequently ran away from home and, according to his mother’s testimony at the first trial, tried to slash his wrists when his father wouldn’t buy him a motorcycle. Mello said evidence that the jury previously had been precluded from acting upon made a difference. The jury was allowed to hear how remorseful Magill felt and heard evidence establishing that he acted impulsively. “When Paul was testifying at the first trial, his lawyer asked him about remorse,” Mello said. “The prosecutor objected that remorse wasn’t in the statute as a mitigating factor. The court sustained the objection and told the jury not to consider remorse because remorse wasn’t listed in the statute.” Mello noted that the first jury was allowed to hear evidence about his impulsive actions but they weren’t allowed to give it independent weight. “The problem was that the jury was instructed that they could only consider that kind of evidence insofar as that evidence was probative of the two statutory mental or emotional distress,” he said. “Eight out of 12 members of the jury bought the argument that he was distraught the argument that he was doing,” said John C. Moore, Ocala State attorney and one of the prosecutors in the case. “We were basically left with an old case. The defense spent a lot of time and money on the case. We don’t agree with the verdict, but we’ve got to live with it.” Last December, Magill told The Review that he didn’t expect to die. “I’ve been here for 11 years almost and more people have gotten off Death Row than have been executed – many more,” Magill said. “And that’s going to continue until eventually I think it’s going to be abolished.” He said he had come to understand himself better, but he didn’t understand why he had been on Death Row for so long. “There have been times when I’ve been in depressed moods wondering what’s taking so long. I’m really grateful for the opportunity because the time here has been a rebuilding process for me. It’s taught me a great deal and I think I needed to be forced to sit down and learn.” 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 Appeals ruling key to death sentence: Inmate leaves Death Row for life term Subject The topic of the resource Housen, Christine Magill, Paul E. Florida. Supreme Court. Mello, Michael A. 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. Creator An entity primarily responsible for making the resource Housen, Christine Source A related resource from which the described resource is derived Broward Review Newspaper Date A point or period of time associated with an event in the lifecycle of the resource 1988-05-16 Format The file format, physical medium, or dimensions of the resource 2 JPG Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida Description An account of the resource Paul Edward Magill was sentenced to death for crimes he committed as a juvenile. He went through many trials with many appeals. He is now withstanding the last trial to determine his fate. Magill stated that more people had gotten off Death Row than had been executed and that he should be allowed life. Christine Housen Death Row Florida Supreme Court Michael A. Mello Paul Edward Magill The Broward Review https://hist299.umwhistory.org/files/original/b89ae1c1f1a3e2ba7487c943d91c6d0b.jpg 73a6f7c5fcda20c6fd64c63f0abd0d22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. DiBenedetto, Ashleigh Text Any textual data included in the document [header] The Times-Union, Jacksonville, Friday, September 8, 1995 [heading] Florida Report Arguments heard in death appeal By Jackie Hallifax Associated Press [start of column 1] Tallahassee— An attorney for Joseph “Crazy Joe” Spaziano asked the state Supreme Court for a chance to prove his client is innocent of the murder sending him to the electric chair in two weeks. A lawyer for the state, however, urged the justices not to stay Spaziano’s execution on “mere speculation.” After hearing oral arguments yesterday, Florida’s high court will make a decision at its own discretion. Spaziano, 49, is scheduled to be executed Sept. 21 for the murder-mutilation of an Orlando woman 22 years ago. During the hourlong hearing, justices and lawyers had exchanges about testimony at a trial held nearly 20 years ago, about judicial procedure, about the role of the state’s high court in reviewing capital cases. “The proceeding before us has taken a rather free form,” Justice Harry Lee Anstead told Spaziano attorney Michael [end of column one] [begin column two] Mello. “This is the way you have approached this case before the court and it’s obviously causing us considerable difficulty.” Mello, a Vermont law professor, has filed hundreds of pages of pleadings, before Florida’s high court, but he began his presentation by telling justices that all the issues were secondary because his client did not kill Laura Lynn Harberts. The 18-year-old hospital clerk’s body was found in an Altamonte Springs dump in August 1973. “I believe that if I had an opportunity to prove MR. Spaziano’s innocence before a jury, he would be acquitted,” Mello said. Anthony Dilisio, a key prosecution witness in Spaziano’s trial, recanted his testimony this year, prompting Gov. Lawton Chiles to suspend Spaziano’s fourth death warrant. However, after an investigation by the Florida Department of Law Enforcement into the recent comments by Dilisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. [end column two] Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Arguments heard in death appeal Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-08 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Jacksonville, FL Creator An entity primarily responsible for making the resource Jackie Hallifax Subject The topic of the resource Capital Punishment Lawton, Chiles Description An account of the resource Death row inmate requests appeal in case two weeks before execution. Capital punishment. Chiles Lawson death penalty Michael A. Mello https://hist299.umwhistory.org/files/original/205e0c7a6beaae7a1e360fe32cd4255a.jpg ef88e7f7b3b4b979e801fe225c18a4fa 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 In addition to facing criminal charges in Fredericksburg City Court for possession of marijuana, the five Mary Washington College students arrested in connection with last Saturday's raid of Madison Hall will be subject to an Administrative Hearing before MWC President Prince B. Woodard. Four of the five men have also been suspended from the College; the suspension will remain in effect until the Administrative Hearing, according to Woodard. The drug raid, unprecedented in Mary Washington College's history, occurred on March 24 at approximately 8:00 p.m. The desk aide on duty at the time said that "the side door to the dorm opened; the door had been locked, so the police must have had keys. Then about eight cops came running in. Two went into a room on the first floor, and the others went upstairs." One of the students who was arrested said that he "heard a knock on the door. I answered it and there were four cops; they showed me a search warrant and came into the room. Then they sat me down and read me my rights. At that point, a State Policeman from Hanover County searched my room. They didn't find any pot, only twelve seeds and a bong. Then they took me to the station and charged me with possession of marijuana and paraphenalia. I never made any statements implying that I even knew those things were in my room." The next day, this student was informed that he had been suspended from the College pending an Administrative Hearing. Four students were arrested in the March 24 raid. One was charged with possession of marijuana and paraphanalia. Two were charged only with possession of marijuana. One was charged in Juvenile Court because he was under 18 years old and hence was considered a juvenile under Virginia law. A fifth student was arrested on March 26 and charged with possession of marijuana and paraphanalia. All five have been released from police custody, without bond, on their own recognicence. No precise cataloguing of the material evidence seized in the raid is possible at this time. Some is still being analyzed by the police laboratory in Richmond. The four students arrested in the March 24 raid have been suspended from the College by MWC President Prince B. Woodard, pending an Administrative Hearing. All five were arraigned in General District Court on March 27. Two of the students were arrested by state policemen. The others were arrested by campus security officers or city policemen. The Student Handbook provides that the possession and use of marijuana is a violation of the College regulations as well as an infraction of federal and state laws: "Violations of these rules may result in suspension or expulsion from the College, as well as prosecution by the civil authorities" (p.31) The Handbook further provides that "if the College authorities have reasonable cause to believe that a College rule is being violated in a a manner which prejudices the proper and efficient operation of the College or the welfare of the student body generally, the College authorities may inspect the student's room for the purpose of investigating the violation and enforcing the College's rules. If there is reasonable ground for belief that the violation is taking place, the search is necessary for the investigation of the violation and the enforcement of the rule, and action against the offender is limited to administrative procedures as distinguished from criminal proceedings. No search warrant would be required. "The Dean of Student Services accompanied by the Residence Hall Director and a student hall official should participate in such a search. The College police may assist in such a search. "If the search is to be made for the purpose of investigating a violation of the criminal law as opposed to a College rule, a search warrant must be obtained even though actual prosecution may not be contemplated." (p.54) The cases of the five who were charged in General District Court should come to trial in Fredericksburg sometime in early June. In the meantime, four of the five involved have been suspended from MWC by President Woodard. When asked for his reasons, Woodard said that "it would not be appropriate for them to remain on campus until the Administrative Hearing." The Hearing has been scheduled for April 3. According to the Student Handbook, "the purpose of the Administrative Hearing is to provide the President with a full account of the circumstances and facts involved. The hearing is not a judicial proceeding . . . When all parties have presented their facts, the President shall adjourn the hearing, and as soon thereafter as possible, arrive at his decision. "The Board of Visitors has charged the President of the College with the responsiblity for student discipline and the regulation of the various aspects of student life at the College. The President has delegated to the Student Association authority for supervising many phases of student life, including the formulation and enforcement of mutually-agreed-upon regulations. There are other regulations, however, for which the administration of the College must maintain primary responsiblity for enforcing. In addition, violations of local, State, and Federal laws are subject to criminal prosecution by these bodies." (pp.26-7) President Woodard told a meeting of Madison residents on March 26 that he had known the Saturday search was going to occur before it actually happened. When asked why these particular rooms were singled out, the President said, "I don't know. It was their (the police's) investigation. I hope they have more facts than I do." 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. Manning, Jack 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 Arrests Total Five Subject The topic of the resource Drug abuse and crime Description An account of the resource A newspaper article by Michael Mello detailing the events of a police search warrant conducted on dorm rooms in Madison Hall on Mary Washington College's campus. Creator An entity primarily responsible for making the resource Mello, Michael A. Source A related resource from which the described resource is derived Mello, Michael. "Arrests Total Five." The Bullet (VA). 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 300dpi 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 Drug Enforcement Drug Use Fredericksburg Marijuana Mary Washington Bullet Mary Washington College Michael A. Mello Michael Mello The Bullet https://hist299.umwhistory.org/files/original/efc922b9a5eac76a3da2920147d1ab6e.jpg 742377a2469986378c325a3e52703c81 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [heading] Attorney problems complicate Spaziano case [start of the first column] A convicted killer scheduled for execution Sept. 21 in Florida’s electric chair is being represented during what may be the last three weeks of his life by an attorney who is teaching full time at a Vermont law school and has no assistance here. Joseph Spaziano’s attorney, Michael Mello, must work on the case without the usual support staff because the organization that does that work has lost its funding and is closing down. [end of the first column] [start of the second column] “This is an innocent guy in the middle of a very complex factual investigation,” Mello said. “He’s about to be executed in three weeks and for all practical purposes, he doesn’t have a lawyer.” Complicating Mello’s ability to provide a defense is that new investigative information about the case has been ordered confidential by Gox. Lawton Chiles. Dexter Douglass, Chiles’ clemency attorney, says all those arguments are simply defense tactics. [end of the second column] [start of the third column] Spaziano, who will be 50 on Sept. 12, is accused of the 1973 murder of Orlando nurse Laura Lynn Harberts, whose sexually mutilated body was found in a trash dump near Altamonte Springs, a suburb of Orlando. Spaziano, a former member of the Outlaw motorcycle gang, was convicted primarily on the testimony of a man named Tony Dilisio and Harberts’ roommate, who told authorities she heard Harberts talking on the phone with a man named Joe before she was murdered. Spaziano had been under his fourth death warrant in June when Dilidio told The Miami Herald that he gave his [end of the third column] See Spaziano on Page 2B [heading] Spaziano Continued from Page 1B [start of the fourth column] Testimony under hypnosis. Testimony taken under hypnosis was admissible in Florida at the time, but is no longer. Chiles stayed the execution and asked the Florida Department of Law Enforcement to investigate Dilisio’d comments. The FDLE report was submitted to Chiles several weeks ago and a new death warrant was signed last week. Chiles will not release the contents of the FDLE report, but Douglass said it confirms Spaziano’s guilt. “That information is not going to become public at any time,” Douglass said. “We don’t need that information, just the findings from 15 court decisions that these are legal sentences.” The day after the warrant was signed, the Volunteer Lawyers Post-Conviction Defender Organization notified Mello that because of a $1.5 million cut in federal funding, it will shut down Sept. 30. The organization has been ordered by its directors to stop working on cases immediately. That left Mello, who started teaching classes the following day, without any Florida lawyers working with him and without the services of Stephen Gustat, the organization investigator who was doing research for him. Jennider Greenberg, the organization’s co-director, ex- [end of the fourth column] [start of the fifth column] plained the problem to Mello in an Aug. 28 letter. “We tried our best to inform the governor’s people about the impossibility of us representing or assisting pro bono counsel in representing anyone under an active death warrant during this phase in our existence,” Greenberg wrote. “Inexplicably, the governor chose to seek Joe’s execution nonetheless.” The Office of Capital Collateral Representatives, the state agency that represents most Death Row inmates in Florida, cannot defend Spaziano because it has a conflict in the case. Mello said that in his 12 years of defending death row inmates, he has never faced a situation like this. “I thought I had seen it all,” he said. “I’ve never had my whole investigative arm evaporate on the eve of a fifth death warrant in the face of a whitewash, fraudulent and now secret police investigation that the governor’s counsel has lied about, when I am representing an innocent man.” Douglass said Mello is just trying to create an issue in a losing case, and that he does have an investigator – he said the news media have helped investigate the case. Meanwhile, Mello has asked The Florida Bar and the state Supreme Court for advice. “I have real reservations about whether I can render effective counsel,” he said. “Joe has a right to counsel in Florida. I don’t know that I can give it to him. But if I withdraw, he has no lawyer. Yet without investigation, I’m nothing but the illusion of a lawyer. I just don’t know what to do.” [end of the fifth column] [end of the article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Treese, Paige Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Attorney problems complicate Spaziano case Subject The topic of the resource Capital punishment Creator An entity primarily responsible for making the resource Greenberg, David Source A related resource from which the described resource is derived The Gainesville Sun Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-3 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English Description An account of the resource Attorney Michael Mello is left with little time or support to work on Joseph Spaziano's case after the organization supporting Mello on the case is shut down only three weeks before Spaziano's execution. https://hist299.umwhistory.org/files/original/dddef3d40bb3614c34a3dff9a929037e.jpg 7b4b43a1c43b9ac05d3f3aab6bc2db19 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 "Backfire ERA" Editor: You (Ellie Schettino, Bullet, April 15, 1976) write: "Women have been and always will be equal to men, especially intellectually. It's about time the government recognize this." The government already has recognized it: Article VI of the 1964 Civil Rights Act states "That each federal department and agency shall take action to end discrimination in all programs or activities receiving federal financial assistance in any form. This action shall include termination of financial assistance." More to the point, Article VII of the same Act states "that it shall be unlawful for any employer or labor union with twenty-five or more persons after 1965 to discriminate against any individual in any fashion in employment because of his race, color, religion, sex, or national origin and that an Equal Employment Opportunity Commission shall be established to enforce this provision by investigation, conference, conciliations, perfusion, and if need be, civil action in federal courts." So, economic equally is already written on the federal statue books. We do not need more legislation; if a law were the only thing needed to grant women the equality you claim they lack, there is already one. What will ERA accomplish that the 1965 Civil Rights Act did not accomplish? Further, you write "(…many married women are extremely successful career-wise). Yes, we need the freedom of choice!!" I see here a contradiction, because if many "women are successful career-wise," then the avenues to that success must already be open to them. If this is true, there already is the freedom of choice of which you speak, and we do not need ERA. I think it is most inappropriate for you to bring up the issue of women priests in an article entitled "ERA." Even if ERA were to pass, I fail to see how it would affect a church policy that was initiated in Rome. Have the pro-abortion laws in America in any way modified the Pope's stand on abortion. Also, although I am indeed sorry that you consider yourself cheated out of a Parrish Scholarship by your church, the U.S. Congress is not the proper body to petition with your grievance. It is purely a matter that must be settled within your church. One last observation: I find your statement "Perhaps the anti-ERA measures pushed by some women (?) are the result of male chauvinist pressures to keep women in the household" a childish slur at those women, some who may even be as excessively intelligent as yourself , who disagree with you on the ERA issue. To lump your opposition into the general rubric of "Slave" is as asinine as their labeling the fine ladies of NOW "a bunch of lesbians who are trying to destroy the family." I would suggest that you follow your own advice and not inflict your "viewpoints on the lifestyles of others." They are as entitled to their opinions of ERA as you are to yours. I am in favor of complete economic equality for women in the job market. I am not at all positive that ERA would bring us any close to that goal. We already have the necessary legislation: it is time we enforce the equality laws already in existence, rather than merely pass another one that will also go ignored. You ask "Why not ERA?" I ask "Why ERA?" Mike Mello Celeste Calude 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. Ball, Shannon 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 Backfire - ERA Subject The topic of the resource Equal Rights Amendment - Women's rights Description An account of the resource Editorial answering a letter written to The Bullet at Mary Washington college about women's rights needing more attention. The writer of the letter believing the Equal Rights Amendment would do that. Creator An entity primarily responsible for making the resource Mello, Michael A. Source A related resource from which the described resource is derived Mello, Michael A. "Backfire ERA." The Bullet (VA), April 12, 1976 Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1976-4-12 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 Fredericksburg, VA editorial Equal Rights Amendment ERA https://hist299.umwhistory.org/files/original/3b8b70ddae78c2aba2bd553dced8a637.jpg bcb7e15a27d6cd1e58ccc0530e72a1ce 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 Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper cartoon Physical Dimensions The actual physical size of the original image 4x3 inches 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 Balance of Administrative Power against Student and Faculty Power Subject The topic of the resource School management and organization Description An account of the resource A political cartoon depicting an unbalanced scale, with the Administrative Power bag weighing significantly more than the smaller Student Power and Faculty Power bags. Source A related resource from which the described resource is derived Prometheus, October 17, 1977, 5. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1977-10-17 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Identifier An unambiguous reference to the resource within a given context mello: 14 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 https://hist299.umwhistory.org/files/original/82284e32b2cb8d5f02c84da3ecc2919b.jpg c3eb00ee5df408534d8545d8eb9991c3 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 Bar Disgraces Itself In Hunter Case Language A language of the resource English Date A point or period of time associated with an event in the lifecycle of the resource 1996-08-13 Description An account of the resource This is largely a commentary by Michael Mello about all the flaws in the disbarment case against Will Hunter. Source A related resource from which the described resource is derived Newspaper article Publisher An entity responsible for making the resource available Rutland Daily Herald Format The file format, physical medium, or dimensions of the resource Scan of a Newspaper article 300 resolution DIP 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 https://hist299.umwhistory.org/files/original/c756d328c70696876432fa4c53f62174.jpg 88406e468c26db32bc8b9525ef6f7224 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Dickinson, Terra Contributor of the Digital Item Person submitting the digital item to the collection. Altersitz, Haleigh Text Any textual data included in the document [Title] Bar Disgraces Itself In Hunter Case [Content] I wish to thank the dozen or so people who called and wrote me responding to commentary on the Will Hunter case. Their feedback was Illuminating. The more I hear from other lawyers, the more I like Will Hunter. The four lawyers who published letters in support of the bar’s prosecution of Will Hunter revealed more about the writer’s own agendas than about L’Affair Hunter. [Title of main content] Commentary By: Michael Mello [Main Content] Stephen Ellis (July 25) missed my main point: that providing effective counsel to poor people is of paramount concern, and that the choice facing Mr. Hunter’s clients was not Mr. Hunter or some other, “better” Vermont lawyer. The choice was between Will Hunter or no lawyer. (The non-lawyer who contacted me didn’t seem to have any trouble under-standing this point.) As a longtime capital public defender in Florida, I think I have a pretty strong appreciation of poor people’s need for legal aid. By citing statistics that seem to me misleading, Leslie Black (July 30) makes the disappointing argument that poor people in Vermont already have sufficient legal aid. Her numbers are misleading because they don’t include the numbers of people who were not able to find a lawyer willing and able to work for free. Any legal aid attorney worth her salt will tell you she can represent only a fraction of people who need such aid. And if Ms. Black thinks the Vermont public defender system is sufficiently resourced, she really should talk to the people who work in those offices. There is one promising bit of news on the horizon. Last week, the Vermont Supreme Court rejected the bar’s recommendation of disbarment for Vincent Illuzzi – on charges far more serious than the niggling technicalities that from the basis of the bar’s persecution of Will Hunter. This suggests that the court does not simply rubber stamp whatever recommendations the court receives from the churls at the Couduct Board. That’s good news for anyone interested in seeing justice done to Will Hunter and his former clients. If Vince Illuzzi shouldn’t be disbarred, then Will Hunter shouldn’t be disbarred. The court ruled that the Conduct Board had over-stepped its authority. The court reiterated the legal test for disbarment: “Disbarment is warranted where the misconduct is done knowingly, the injury is serious or potentially serious, and there is some benefit to the lawyer or another. Moreover, conduct resulting in disbarment is generally criminal as well.” The Hunter panel did not even pretend to demonstrate why the blizzard of petty charges against Mr. Hunter met the test for disbarment. Even accepting the panel’s rendition of the facts, Mr. Hunter’s misconduct was not “done knowingly.” The injury caused by the misconduct was not “serious or potentially serious” – indeed, notably absent was any articulation of harm caused by Mr. Hunter’s peccadillos. Nor did the asserted “misconduct” result in “some benefit to the lawyer or another.” And none of the bar’s storm of petty charges is “criminal.” At most, all but one of the bar’s complaints against Mr. Hunter – the kinds of sins committed by busy and successful, albeit overworked, lawyers at one time or another. The potentially serious charge – the money accusation – does not come close to justifying disbarment under the legal test for disbarment ignored by the panel. Perhaps the bar’s biggest howler is that I am bringing the bar into public disrepute by criticzing the bar’s war on Will Hunter. But is seems to me that any wound to the bar’s public image is a self-inflicted wound. If the bar is worries that its persecution of Will Hunter is bringing the bar into public dishonor, than the solution is to stop the persecution. Find out whether the prosecutor did, in fact, attempt to strong-arm Mr. Hunter’s clients into becoming informants against him. Find out whether the “hearing” panel chair intimidated witnesses favorable to Mr. Hunter. Find out why the panel’s recommendation opinion was so inept. Several letter writers implied that unsolicited client complaints were the genesis of the bar’s investigation of Mr. Hunter. I wonder. Whiffs of possible prosecutorial misconduct filter from the case’s factual record and beyond. For instance, on July 1 the Valley News published a letter from a client of Mr. Hunter: “I am one of his clients who was contacted by a female agent of the board, who was stated she worked for (Hunter’s bar prosecutor), and that if I wanted to make a complaint against Mr. Hunter she would take my complaint over the telephone. Though I told her I had been frustrated with Mr. Hunter’s actions many times in the past, I had no interest in making a formal complaint. She continued to press me until finally I ended the con-versation.” That was not the end of the pressure, however. “The very next day I received a second call from her reminding me that I could make a formal com-plaint if I wanted. Again, I told her no, but she pressed. She told me the complaint didn’t have to come directly from me – that they could act like the police and pursue a complaint on my behalf. I once more declined, and hung up.” These prosecutorial pressure tactics are more serious than allegations made by the bar disciplinary panel against Mr. Hunter. This client described how frustrating and down-right maddening Mr. Hunter could be. But, when push came to shove, she writes that he “has been a stead-fast ally when others have given up … He has been honest and honorable in all our legal dealings.” Anyway, the feedback from my column impelled me to dig a little further into the case of the Vermont Bar against Will Hunter. What I found was that this case is about far more than Mr. Hunter’s fitness to continue practicing law. The real issue here is whether the panel members and bar prosecutor are capable of conforming themselves to these selfsame ethical requirements. The disbarment opinion rendered by the three-per-son panel of the Professional Conduct Board is at best inept and at worst malicious. In either case, the opinion reflects and ethical obtuseness that would be laughable if a person’s career were not at stake. The opinion is a disgrace to the Vermont bar. There are two things wrong with the bar’s opinion recommending disbarment. The first is its slip-shod substance. The second is its malicious style. The opinion is more of a partisan press release thana reasoned articulation of grounds rendered by a neutral and unbiased tribunal. One Good test of the integrity of a legal document – and of its author – do, in fact, stand for the propositions for which they are cited. Again and again, the panel’s opinion in Mr. Hunter’s case fails this test. Key cases do not stand for the propositions for which the panel cites them, and holdings of cases are misrepresented. The panel’s reckless disregard of accuracy is not limited to its citation of case law; the opinion’s treatment of the factual record is equally cavalier. The panel made findings of fact that deviate from the stipulations that were submitted; failed to make findings and law in a manner that suggests a lack of impartiality and per-judgment. The references to the factual record are often misleading. But the panel gives away its game in what its opinion does not say, the evidence its simply ignores. Save for a few desultory and vacuous references, the panel’s opinion essentially ignores the large quantity of directly relevant evidence – evidence given by everyone from judges to lawyers to former clients – favorable to Mr. Hunter. In short, the opinion is a hatchet job. By contrast, one quality of Mr. Hunter’s legal documents is that they are trustworthy – when Mr. Hunter says a case stands for a proposition, then it does. Judge Cheever testified that Mr. Hunter’s “cases were well cited. He didn’t send me off to rely on a case that didn’t stand for the proposition that he was quoting for it. And the facts that he stated also turned out to be true.” Of course, the panel’s smear opinion ignored Judge Cheever’s testimony – as it ignored the testimony of two other judges and one magistrate who testified to Will Hunter’s effective representation of his clients in matters before them. One might think that an ethics panel would scrupulously avoid even the appearance of a lack of impartiality or bias. One would be wrong. In this case, shortly before things got nasty, Mr. Hunter had represented Vincent Illuzzi. In his capacity as counsel for Mr. Illuzzi, Mr. Hunter sued Professional Conduct Board – including the members of the panel – in federal district court. Thus, Mr. Hunter’s disbarment case was com-posed of individuals who were named defendants in a federal lawsuit brought by Mr. Hunter on behalf of Mr. Illuzzi. Given such ineptitude, it should surprise no one that the opinion’s blunderbuss methodology utterly misses the issue that is the heart of the Will Hunter affair; Does the entirety of Mr. Hunter’s practice his-tory command the conclusion that he is unfit to practice law in Vermont? This is a subtle decision requireing an appreciating of nuance – qualitied utterly lacking in the panel’s opinion. It is simply wrong for the panel to look only as Mr. Hunter’s sins in isolation and to conclude blithely that Mr. Hunter’s transgressions exhaust the entire truth of his life as a lawyer. By judging Mr. Hunter solely by his moments of weakness, lapses and limits, the panel was oblivious to the principle upon which the disbarment rule is based: proportionately. Proportionality is both a principle on which the laws of punishment are based and a commonly under-stood aspect of human affairs. Proportionality, for instance, prevents the police from shooting jaywalkers, even though the latter are breaking the law. In short, “proportionality” is the idea that the punishment should fit the crime. To be sure, the big sinners who flagrantly violate certain norms of professional conduct should be dis-barred. From what I know of Mr. Hunter’s case he is not a sinner. The panel's opinion does nothing to persuade me otherwise. William hunter is the kind of lawyer many of us wish we had the courage to be. The line between respect an jealousy can be fine. That, in the end, might explain the bars churlish persecution of one the finest attorneys in this or any other state. The Vermont Supreme Court should entirely disregard the panel's opinion. Further, the court should appoint an independent prosecutor and hearing board to investigate (1) the reasons for the shameful opinion issued by the panel, and (2) whether sanctionable or civilly actionable prosecutorial misconduct occurred in the case. Secrecy is a petri dish for governmental corrupttion, incompetence and misconduct. If any good is to come of the persecution of Will Hunter perhaps it will be this. Michael Mello is a professor of law at the Vermont Law School. 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 Bar Disgraces Itself In Hunter Case Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Description An account of the resource While Micheal Mello was a professor of a Law professor. He wrote a commentary pertaining to the disciplinary proceedings of the attorney Will Hunter by the Vermont Bar. Date A point or period of time associated with an event in the lifecycle of the resource 1996-08-16 Format The file format, physical medium, or dimensions of the resource 300 DPI 2 JPGs Subject The topic of the resource Hunter, Will Vermont Legal Aid Source A related resource from which the described resource is derived Rutland Daily Herald The Bar William A. Hunter https://hist299.umwhistory.org/files/original/7ce55e29fe10a71c17fa2aaf0b1ddc9e.jpg ddce2c6ed0eba93c18a7638b20ee2a88 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 The Florida Bar will lobby for removing judges’ power to override juries to impose death penalties and for appointing all trial judges, as part of its 1986 legislative program. The Bar’s Trial Lawyers Section will also support increasing juror compensation. The Board of Governors delayed a decision on a constitutional amendment to abolish residency requirements for Supreme Court justices. The Board of Governors adopted those positions, among others, at its January 9-10 meeting in Orlando. The proposal to change the state law allowing judges to override jury recommendations of life imprisonment came from the Bar’s Individual Rights and Responsibilities Committee. Committee member Michael Mello said the jury better represents community feelings about a crime and the present law “increases chances innocent people will be executed.” He quoted jurors as saying in some cases, “We thought the state’s evidence was strong enough to convict, but not strong enough to impose the ultimate penalty.” Mello, who works for the state Office of the Capital Collateral Representative, which represents death row inmates, added “For the last 12 years, the [Florida] Supreme court has overruled between two-thirds and three-quarters of the cases involving jury overrides.” The Board approved the position by a 21-7 vote challenge at subsequent elections. The residency requirements were extensively debated, with the Board initially rejecting a recommendation it lobby for the amendment, leaving it without a formal position. But when the Trial Lawyers Section asked permission to lobby for the measure, the Board first voted to oppose the amendment and then defeated a motion to allow the section to lobby for it anyway. The Board finally voted to send the topic back to the Legislation Committee and the Trial Lawyers Section for more study. “I feel on this important issue, we should take more time,” said Orlando Board member Chandler R. Muller, as he moved to send the issue back to the committee. Some Board members argued allowing the Trial Lawyers Section to support the measure even though the Board opposed it would help explain to legislator how the Bar works. But other Board members replied it would only confuse lawmakers and lessen the Bar’s effectiveness. “It’s ridiculous for us to take a position on this Board and allow a section to take a position opposite to that,” Miami Board member Alan T. Dimond said. On other matters the Board: <ul> <li>Approved a Trial Lawyers Section recommendation to support increasing juror compensation from $10 to $25 a day, with the funds coming rom higher filing fees. The Board also approved a section recommendation to draw juror pools from driver license lists as well as voter registration rolls.</li> <li>Approved a Family Law Section an estate by the entirely unless stated differently in the mortgage. The Board also allowed the section to oppose a bill easing commercial mortgage foreclosure restrictions. The section found the bill too broad for the stated purpose of making it simpler to foreclose on some condominium projects.</li> <li>Supported Tax Section requests it be allowed to support several bills, ranging from creating a division of tax policy in the state Department of Revenue to barring tax collectors from enforcing any but good faith payments until property tax disputes are resolved.</li> <li>Approved allowing the Trial Lawyers Section to lobby in Congres against federal products liability legislation.</li> <li>Failed, by a 15-12 vote, to support a proposed ABA recommendation calling for a federal intercircuit panel to resolve disputes between federal circuit courts without a Supreme Court appeal. A two-thirds Board vote is required to approve such a legislative position. The Board also took no position on creation of a chief administrative judge for the federal system. Both the intercircuit panel and administrative judge have been sought by U.S. Supreme Court Chief Justice Warren Burger and will be considered by the ABA at its midyear meeting. The Board will again consider legislative positions, including the controversial proposed modification of the Marketable Record Title Act (see related story elsewhere in the News) at its March 19-22 meeting in Tampa. Also on the agenda will be Bar responses to proposed state legislation to change the tort system, including the modification or repeal of joint and several liability. </li> </ul> 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 Bar favors eliminating judicial death penalty override Source A related resource from which the described resource is derived Florida Bar News Date A point or period of time associated with an event in the lifecycle of the resource 1986-02-01 Language A language of the resource English Creator An entity primarily responsible for making the resource Blankenship, Gary Subject The topic of the resource Capital punishment--Florida. 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 https://hist299.umwhistory.org/files/original/d0cebe52e1aa7c657c1440831af060f7.jpg 63075d7e9c466603b4da75e4d5ff3f42 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 Miguel Richardson bears little resemblance to the securities brokers and corporate raiders that Steven Rosenfeld, a partner in Paul, Weiss, Rifkind, Wharton & Garrison has always represented. Mr. Richardson, convicted of the murders of two Holiday Inn security guars in San Antonio, has been on death row in Texas since 1982. "From the point of view of a typical corporate attorney this is an entirely different clientele," Mr. Rosenfeld said. "This sort of population is not the most popular in society and there is certain reservation about doing this sort of work in the minds of a lot of people. But it's hard to pick a group of people who needs help more but have less access to it." To an uncommon extent, many of the nation's most prestigious corporate law firms are volunteering for duty in a difficult area of criminal: capital punishment. Some, like Paul, Weiss, have represented death row inmates before but are doing so more often. Many others, especially in the South and West are taking on such cases for the first time. Represented All the Way The movement is a response to an acute shortage of criminal lawyers for capital appeals. While the defendants have a constitutional right to legal representation at trial and through at least one appeal, there is no constitutional right to a lawyer through the long process of appealing a death sentence all the way to the United States Supreme Court. Many states have mechanisms to provide representation for death row appeals, but there are not enough defense lawyers to go around, according to prosecutors, prisoner rights organizations and many judges. The entry of leading, corporate law firms into death row appeals has brought complaints from some prosecutors who are annoyed by the delays and long legal briefs that the civil litigators have brought to this criminal matter. But the influx of sharp new minds is also welcomed in the Have taken capital cases since last October. While most of the participating corporate lawyers have little or no experience in the field, experts say training and resources and often the sheer love of challenge, more than compensates. Yale Kamisar, a leading constitutional scholar at the University of Michigan law school, said inexperience in death penalty appeals could even be an advantage in opening the way to novel approaches. "People in private law firms coming insights experienced criminal lawyers would not," Professor Kamisar said. "A civil lawyer who takes a capital case is more likely to get fired up and think of every conceivable argument he can make." 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 Big firms offer death row defense Subject The topic of the resource Death Row Defense Creator An entity primarily responsible for making the resource Unknown Source A related resource from which the described resource is derived New York 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 July 8, 1988 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 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 Michigan Description An account of the resource Big law firms offer lawyers to defend people on death row https://hist299.umwhistory.org/files/original/85df9e26a7a3f719cda4fa26500605d6.jpg 22b1dccbd39702d8ace1c546292d2f1e https://hist299.umwhistory.org/files/original/f5279e0c37f9d60c930a6e9668705fef.jpg f43378bd9a5421f9257c3a0d2303a4a3 https://hist299.umwhistory.org/files/original/78b8b37a6474e18693d067cf5d642211.jpg e1c2d8c4d892683d70c6a8d570b917e0 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. Mayo, Katie Text Any textual data included in the document <ul> <li>Sexual Assault is the number one crime of violence in the Commonwealth of Virginia.</li> <li>Age of the victim ranges from 6 months to 95 years.</li> <li>College students form the highest single category of victims.</li> <li>In Virginia, a rapist has a 99% chance of being able to commit his crime without receiving any punishment for it whatsoever.</li> </ul> Statistics like these prompted the Fredericksburg Area Rape Information Service (FARIS) to invite Pam McCoach to speak at Mary Washington College last Thursday evening. McCoach, a member of both the Virginia Committee on Sexual Assault Reform and the Virginia States Crime Commission Task Force for rape legislation reform, spoke before a small, predominantly female group, discussing the changes in the Virginia Code dealing with sexual assault. The piece of legislation that McCoach endorses, formally known as S.B. 291, has already been passed by the Virginia State Senate and is presently being handled by the House Courts Justice Committee, Subcommittee on the Criminal Sexual Assault Bill. If reported favorably on by the Subcommittee and Committee, the Bill will be debated on the floor of the Virginia House of Delegates next month. McCoach told the gathering that “the present rape laws just are not enough. Victims aren’t reporting it, and Commonwealth Attorneys have difficulty securing convictions.” McCoach hopes that passage of S.B. 291 will solve both of these problems by “increasing the effectiveness of the Commonwealth Attorneys” and “upgrading the role of the victim so that he or she does not have to undergo a second assault, this time in court.” The Bill, according to McCoach, embodies several concepts. It would shift the emphasis of the sexual assault law from victim resistance to force exerted toward the victim by the assailant. Thus, the focus would no longer rest on the victim’s will or resistance. Mc Coach pointed out that “we do not ask whether the victim of a robbery ‘consented’ to having his or her property taken,” as is embodied in the present legal implications in a rape case. “Furthermore…resistance can be dangerous.” The Bill codifies all forms of forcible sexual conduct into one statute, treating assaults such as sodomy as seriously as rape in terms of criminal process and conviction. S.B. 291 would replace the simple “rape” category under the law with a graduated scale of severity. “Sexual assault” under the Bill is divided into two major categories: Penetration (defined in the Bill as “vaginal intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, by any object.”), and Sexual Contact (which is essentially coerced touching or fondling). Additionally, both categories are divided into two degrees. Second Degree Penetration includes the use of fear or coercion by the assailant to achieve penetration, and covers cases where the victim is mentally retarded or physically helpless. The proposed penalty for a Second Degree Penetration offense would be from five years to life imprisonment. Second Degree Penetration is aggravated to First Degree Penetration if any of the following conditions existed at the time the crime occurred: 1) the victim was under 15 years old, 2) the assault was a “gang rape,” 3) a weapon was used by the assailant, 4) the assailant was a parent of the victim, 5) the victim was confined to a state institution (penal, mental, etc.) and the assailant was an official at that institution or 6) the assault was committed during the commission of another felony. When any of these factors are present, the penalty for a penetration offense may range from five years to life imprisonment. Similarly broken down, Fourth Degree Contact deals with fondling rather than penetration. Fourth Degree Contact would be increased to Third Degree Contact for the same conditions that would increase Second Degree Penetration to First Degree Penetration. Penalties range from one to five years imprisonment for Fourth Degree Contact and five to twenty for Third Degree Contact. S.B. 291 is, according to its supporters, sex neutral. Homosexual assault and the assault of a male by a woman would not be distinguished in terms of penalties, from the rape of a female by a male. Further, the Bill deals only with nonconsensual sexual assault; the emphasis is on the violent nature of the crime and on the element of force involved. The rights of the victims of sexual assault are made explicit in the Bill, which states that “the victim shall be treated with respect at all times”; among other protections, the Bill provides that “the jury shall not be instructed to examine with caution the testimony of the victim solely because of the nature of the crime, nor shall the jury be instructed that such a charge is easy to make but difficult to defend against…” Along this same line, the Bill would place increased limits on the admissibility of evidence relating to the victim’s sexual history. If S.B. 291 is passed, judges in rape cases would be required to find, in a hearing at which the jury was not present, that this type of evidence is necessary to the case, that is more than inflammatory rhetoric designed to prejudice the jury. The limits of admissibility of evidence must, according to the Bill, serve one of three purposes; first, “to provide and alternative explanation for the presence of semen, pregnancy, disease, trauma, or any other physical evidence of the offense charge”; second, “to support a claim that a victim has an ulterior motive in bringing the charge of sexual assault”; third, “to provide evidence of past sexual conduct between the victim and the defendant” which is necessary to show whether force was used. S.B. 291 would authorize increased penalties for repeat offenders: an additional five years for the second offense, ten for the third, and an additional sentence of life imprisonment for the fourth offense. Pam McCoach ended her presentation with an appeal for help. She said that letters to the members of the House Subcommittee of the Criminal Sexual Assault Bill would be most helpful. Those wishing to express an opinion on the Bill should write to any of the following legislators at the General Assembly Building, Richmond, Va 23219: A.L. Philpott, Subcommittee Chairman (Room 607, phone 804-786-6880), Theodore Morrison (Room 702, phone 804-786-6597). Donald McGlothin (Room 711, phone 804-786-6995), Joseph Leafe (Room 705, phone 804-786-6891), Clinton Miller (Room 707, phone 804-786-7298), and Raymond Robrecht (Room 809, phone 804-786-7296). McCoach urged that it is crucial for the letters and phone calls to reach these legislators as soon as possible. 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 Bill Proposes Changes Virginia Rape Law Called Inadequate Creator An entity primarily responsible for making the resource Innis, Beth Mello, Michael A. Source A related resource from which the described resource is derived Innis, Beth and Michael Melllo. "Virginia Rape Law Called Inadequate". The Bullet (VA), October 24, 1978. 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 Identifier An unambiguous reference to the resource within a given context Katie Mayo 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 Subject The topic of the resource Rape--Investigation--United States. Rape--Law and legislation--United States. Rape--Press coverage--United States. Description An account of the resource A newspaper article written by Beth Innis and Michael Mello, discussing the visit of sexual assualt legal reformer Pam McCoach to Mary Washington College. Date A point or period of time associated with an event in the lifecycle of the resource 1978-10-24 Format The file format, physical medium, or dimensions of the resource 3 JPG 300 dpi Law Michael A. Mello Rape -- Virginia https://hist299.umwhistory.org/files/original/7188467f0498143f4b8aa886cd5afd13.jpg d49ab8188737eed569645294b15cd1e7 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 Blame Enough for All In the article that appears on page one of this issue and the latest issue of PROMETHEUS, Jim Boyd make some interesting observations. However, I think his placement of responsibility is somewhat misdirected. I say somewhat because it is true that the administration apparently blithely superseded the handbook. But, while the administration committed the act, the Senate tolerated it. For if the student body, through their elected representatives in the Senate, felt strongly enough about this Kathy Mater matter they could recall her: Amendment I. Recall-"Any student official may be recalled if he has failed to... uphold the standards of the office." Therefore it is incorrect for Boyd to give the administration all the blame. Whether or not the removal of the S.A. President is an advisable policy is a question which must ultimately be answered by the student body of MWC. All side must be given a fair hearing and an equal opportunity to state their side o the issue. As students concerned with the maintenance of an effective student association, we must deal directly with the issue at hand. However, the issue here is much larger than Kathy Mayer; this is why Jim Boyd did not remain in office or attempt to impeach Mayer. The basic issue presented here is constitutional. During a meeting with President Woodard, Boyd was informed that Woodard possesses absolute veto power over the S.A. Constitution: Article IV: Authority-"The authority of the Student Association is derived from delegation by the President of the College and from the student body of the College." Why then, Boyd asks(in light of the provision in the constitution), have a constitution at all when only one signatory of the agreement is bound by its precepts. The example which Boyd has disclosed is symptamatic of the phenomenon that Michael Mello discussed in the first issue of the PROMETHEUS: the students have no power! In this particular instance the student body may, if it chooses, suspend the administration's suspension of the constitution by removing Kathy Mayer from office. AS stated previously in this editorial, the students may just as easily and in my opinion with a great deal more justification) dismiss the question of Mayer's eligibility for office as a technicality. But what about the crucial times that we are impotent in the face of similar administrative vetoes of our constitution? It appears that we will just have to watch on in frustration. H.M.M. 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 Blame Enough for All Subject The topic of the resource College student newspapers and periodicals Description An account of the resource This MWC Newspaper article is responding to the pamphlet PROMETHEUS's criticism of the administration and its use of power. Creator An entity primarily responsible for making the resource McFalls, Helen Marie 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 1977-11-15 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English 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 https://hist299.umwhistory.org/files/original/7f030f83ba04faaf213746b89f90d0e2.jpg 5c67be9d69f1c17bb7778bb69e9941fe 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/. Publisher An entity responsible for making the resource available History 298, University of Mary Washington Language A language of the resource English Title A name given to the resource Delays On Death Row: Booker Appeals Frustrate Lawyer https://hist299.umwhistory.org/files/original/1a76b91ba8ade2d5e5e2390881be825b.jpg ec2c8f951ce45f3979ec6ac91cbc9ec7 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-In the office of First Assistant State Attorney Ken Herbert is a file called "The Lady and the Beast." The file sits with other papers and photographs in one drawer of a black, metal filing cabinet devoted to a murder committed almost 11 years ago. The "lady" was a 94-year-old Lorine Demoss Harman, a Gainesville widow. The "Beast" is a Stephen Todd Booker, now 35, a death row inmate at Florida State Prison. He is scheduled to be executed Sept. 20 for the murder, but has an appeal pending before federal district court in Tallahassee. Inmate Freddie Lee Hall is also scheduled to be electrocuted on that date. Herbert used "The Lady and the Beast" title to outline the tragic differences between Harman and Booker. On Nov. 9 1977, the 170-pound Booker raped, beat, stabbed and killed the 90-pound Harman in her apartment. Booker, a drifter, had broken into Harman's apartment and was ransacking it when Harman returned home. The differences extend even after Harman's death. Alone, Harman probably only had minutes to fight desperately for her life. With several lawyers, Booker has had years to fight for his life through an exhaustive series of appeals that continued this week. In his latest appeal, argued before federal district Judge Maurice Paul in Tallahassee on Monday, Booker's attorneys said his death sentence was unconstitutional because the jury wasn't allowed to consider some mitigating evidence such as Booker's history of psychological problems and drug addiction. Paul has yet to rule on the appeal, but one of Booker's attorneys said he expects Booker will survive his fourth death warrant and his death sentence will be overturned. Attorney Michael Mello, a professor at Vermont Law School, said the 1987 Supreme Court decision Hitchcock v. Dugger will work in Booker's favor. That decision, delivered by Justice Antonin Scalia for a unanimous court, overturned a death sentence for inmate James Hitchcock, who was convicted of murdering his step niece. The court ruled his death sentence was unconstitutional because some mitigating evidence, such as Hitchcock's family background, was not considered by the jury. Mello said the Booker jury was also limited in the mitigating evidence it could consider during the 1978 trial. For Herbert, who prosecuted the case, the 10 years of appeals represented an abuse of the judicial system. Booker already has appealed his death sentence unsuccessfully on several different issue in several different courtrooms. For Booker's attorney, the appeals are the only salvation for a system they say is flawed. In addition to Mello, Booker is represented by two attorneys based in Washington, D.C. "If the death penalty is a deterrent, then most people would argue it's got to follow soon after the crime, so a message is brought forth," said Herbert in a recent interview. "At this point, I don't know how many people in Gainesville remember this case." Herbert certainly does. Every time a death warrant has been signed for Booker and every time Booker has appealed, Herbert has been notified. His files on the crime are extensive, and throughout these papers, Herbert's anger with the viciousness of the crime is apparent. Harman was stabbed nine times in her chest and received four cuts in the struggle with Booker. He left two knives embedded in her body, one in her neck and one in her chest. Before her death, she was raped. Thus far, Booker's attorney have not questioned their client's guilt in the crime. The arguments have focused on whether the proceedings in court were constitutional. Mello disputed Herbert's contention that the appeals process is being abused. "It seems to me that the system is working precisely the way it should," Mello said. "What Ken Herbert is really saying is that Booker should have been executed earlier, even though signing his death warrant was unconstitutional. That strikes me as a misguided view." But so far, Booker and his attorneys have been unable to prove the unconstitutional claim. The Florida Supreme Court, along with various circuit courts and even the U.S. Supreme court, have refused to throw out Booker's three other death warrants. Booker has survived them because those warrants have expired during earlier appeals. Herbert said he is not opposed to Booker's right to appeal, but he said the judicial system is taking too long to reach a conclusion. Almost 11 years after Harman was stabbed to death, the fate of her killer is still undermined. "People have a right to some finality in their judgments," Herbert said. "There needs to be a better process." Contributor of the Digital Item Person submitting the digital item to the collection. Serfis, Malin 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 Booker appeals frustrate lawyer Description An account of the resource A newspaper article about Todd Booker. Booker murdered a 94 year old woman and claimed that his death sentence was unconstitutional. Booker was helped by lawyers to push his death sentence. Creator An entity primarily responsible for making the resource Loughlin, Sean Source A related resource from which the described resource is derived The Gainesville Sun Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1988-09-14 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 2 JPG Language A language of the resource English https://hist299.umwhistory.org/files/original/dc13fe1e8db50c04db4756ccd50871ac.jpg 2076543b566d08a67007f78bb8e89c54 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 Tallahassee- The death sentence for Stephen Todd Booker, convicted of beating, raping, and fatally stabbing a 94- year- old Gainesville widow in 1977, was overturned Friday by a federal judge who said not all mitigating evidence was considered by the jury. The state of Florida immediately filed an appeal with the 11th Circuit Court of Appeals in Atlanta. Booker, 35, was four days away from execution when Judge Maurice Paul of the U.S. District Court in Tallahassee issued his opinion, vacating the death sentence and ordering a new sentencing hearing for him. Booker, an inmate at Florida State Prison in Starke, was on his fourth death warrant. This is the first time he has won a new hearing. The ruling has no effect on Booker’s murder conviction, only the sentencing. Earlier this week, one of Booker’s attorneys, Michael Mello, a professor at Vermont Law School, predicted that Paul would overturn the sentence based on a 1987 Supreme Court decision, Hitchcock v. Dugger, that stated all mitigating evidence must be heard by juries in capital cases. Booker’s attorneys argued that some mitigating evidence, such as his family background, mental instability and a history of alcohol and drug problems, were not considered by the jury. Judge Paul agreed. “What the court is saying is there was a Hitchcock violation,” said Carolyn Snurkowski, assistant attorney general for the state. Part of Paul’s opinion read: “This court is cautious about speculating on the effects of errors in capital sentencing proceedings, especially in light of the discretion given to the sentencer.” Snurkowski said the state will argue there is no need for a new sentencing hearing and Booker should be executed. “The argument is: Just because this error may have occurred,… it’s not such a fundamental error that would require a resentencing proceeding,” Snurkowski said. One of Booker’s attorneys said Booker would prevail despite the state’s appeal. “The state is going to do what the state is going to do,” said James Coleman, a Washington-based attorney. “(But) I think if anyone were to look at this thing objectively, I don’t think there’s any reason for a death sentence.” Coleman said Booker would probably receive a life sentence after a new sentencing hearing. “He’s never denied it,” Coleman said of the murder. “His defense has not been innocence. It’s been a question of whether the court should have sentenced him to death.” Booker killed Lorine Demoss Harman during a savage attack in her apartment, beating her, raping her, stabbing her nine times and leaving two knives plunged in her body. A jury convicted Booker of murder in 1978 and he was sentenced to die. Coleman described Booker as “remorseful” for his crime. Coleman said he spoke with Booker after learning of the decision. “He was surprised, but very happy,” Coleman said. Booker was surprised, Coleman said, because he has failed to win any of his earlier appeals. His first death warrant was signed in 1982. Another inmate also was scheduled for electrocution on Tuesday, but the Florida Supreme Court this week issued a stay for Freddie Lee Hall. 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. Staneart, Kellyn 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 Booker death sentence reversed: the state immediately appealed the ruling to the 11th Circuit Court of Appeals in Atlanta Subject The topic of the resource Capital punishment Description An account of the resource The death sentence of Stephen Todd Booker was overturned because the jury did not look at all mitigating evidence. Booker was before convicted of beating, raping, and stabbing a 94 year old woman. Creator An entity primarily responsible for making the resource Loughlin, Sean Source A related resource from which the described resource is derived The Gainesville Sun Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1988-09-17 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 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 Gainesville, FL Atlanta, GA appeals capital punishment Death sentence Florida Death Row Florida Supreme Court murder rape https://hist299.umwhistory.org/files/original/dc7dd67efcec70994b33d3d23d878aab.jpg fa58797873794ab4613e2dcf3f1f05be https://hist299.umwhistory.org/files/original/3fbd25c7abde4c408f39526642b0d22d.jpg 6d2e5098d4c41537c6040f2fe0f22043 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 BOV Adopts Dalton Plan TUESDAY, APRIL 25, 1978 By MICHAEL MELLO In a recent resolution, the Board of Visitors of Mary Washington College reaffirmed the College's "commitment to the principle of affirmative action and equal educational and employment opportunity banning discrimination against individuals on the basis of race, color, religion, physical disability, national origin, political of filiation, marital status, sex age" The resolution, passed by the Board in closed session on Saturday, April 15, also stated that Mary Washington would make "every good faith and reasonable effort to achieve the objectives," outlined in Virginia Governor John Dalton's desegregation plan. MWC is the third school in Virginia to ratify the plan. There are presently 41 Black students enrolled at Mary Washington College, an institution with a total student body of 2,369. The College has no fulltime Black faculty members, though one part-time instructor and one visiting lecturer are Black. The new desegregation plan calculates that MWC should enroll 19 incoming Black freshmen in the fall of 1979 (compared to the eight enrolled last fall; ) this figure would be increased to 39 new Black admissions in the Fall of 1982. College officials cite several possible reasons for these low figures in spite of MWC's long-standing policy of non-discriminatory admissions and hiring. A. Ray Merchent, College Vice President and Affirmative Action Officer, suggests two factors that might mitigate against Blacks choosing to matriculate at MWC. First Mary Washington is a single purpose institution, a liberal arts college. Merchent notes that "realistically, I don't think liberal arts colleges today are as popular as they once were… some of the institutions with multi-purposes and multi-programs with a wider range of offerings may tend to be more appealing to a higher number of students." Secondly, Merchent feels that MWC's extremely high percentage of female students is a factor. He suggests that we "look at it from the point of view of a Black student. A Black female student here has very few social opportunities with members of the opposite sex of her own race… Imagine yourself going to an institution that is 98.3 percent Black." Mary Washington is presently 98.3 percent White. H. Conrad Warlick, Dean of Admissions and Financial Aid, also felt that Mary Washington's institutional arrangement might mitigate against Blacks applying for admission: "We are not a technical school. We do not offer programs that are of short duration that lead to immediate jobs that therefore lead to immediate income. We are not a professional school… Black students as a group have been more interested in professional and technically-oriented programs than they have been in the 'classic' liberal arts approach that we have here." Warlick cited the lack of a "thriving Black community" in Fredericksburg as a second possible factor. He also suggested that Blacks may choose not to attend MWC because the college is situated in a rural setting, noting that the colleges and universities in Virginia with significant Black populations "are apt to be in major metropolitan areas." Warlick suggested that a fourth factor might be the lack of Black faculty members. A fifth, and paradoxial factor, has to do with the aggressiveness of MWC's minority recruitment policies. Warlick noted that Mary Washington has long been at the forefront of affirmative action, leading other Virginia schools. When "we were actively recruiting Blacks and they (other schools) weren't, our job was easier. When they became more aggressive and initiated well financed recruiting efforts that complicated our lives. It has simply become more competitive." There are no simple answers to the problem of the low Black enrollment at MWC, says Warlick. He emphasizes the complexity of the entire process, comparing it to the intricate patterns of a Persian rug. The matter of recruiting Black faculty members is equally complex. Vice President Merchent sees the problem as being basically economic: "we have had many very qualified Black applicants. We have offered positions to them, but we are not competitive enough salary wise. Several of them really want to come, but if you can get $3,000 or $4,000 somewhere else, you'll go there." James H. Croushore, Dean of the College and a key man in the selection of faculty, agrees that salaries are a "major factor," but he suggests a possible second reason as well: "the kind of institution. Certain candidates might not be interested in a small liberal arts environment." These are the problems, the impediments to increasing the number of Black students and faculty members at Mary Washington College. The Dalton desegregation plan is hoped to be a solution. The new Virginia desegregation plan, officially known as "The Virginia Plan for Equal Opportunity in State-Supported Institutions of Higher Education," has to date been approved by three schools: George Mason University, the University of Virginia and Mary Washington. In a statement last month Governor John Dalton said, "the plan is simply an ex-tension for the next five years of what we have been doing for the past four years to make equal opportunity in higher education a practical reality." The plan itself has basically seven parts. First Virginia's two predominantly Black Colleges—Norfolk State and Virginia State—will be given priority in the creation of new programs. Dalton also agreed to ask the 1979 General Assembly for financing to make the Eminent Scholars program available to these schools; the Governor hopes that this will "attract more white faculty members" to these institutions. Second, in order to increase the number of Blacks in presently predominantly White colleges and universities and the number of Whites in predominantly Black institutions, Dalton agreed to ask the General Assembly for "aid grants of $1,000 each for gifted Black and White high school students who attend institutions which have heretofore been attended predominantly by the other race." These funds are non-need based. They are essentially incentive grants. Third, the State Council of Higher Education has increased by 33 percent the funding of summer programs for deserving Black students. Fourth, a study will be made of why minority students at community colleges do not choose to study at four year institutions. Fifth, Virginia's Equal Employment Office Coordinator will conduct on-site reviews of the present hiring practices of state-supported institutions of higher learning. The governor has said that "the state will work to-ward the objective that the proportions of people hired to fill faculty and administrative vacancies will not be less than the proportion of minority members with proper credentials in 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. Serpas, Maria Notes Additional information regarding your item. This content will not be viewable in the Public View. The article cuts off mid-sentence during the explanation of the fifth step of the Dalton Plan 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 BOV Adopts Dalton Plan Subject The topic of the resource Dalton Plan African American students Description An account of the resource An account of Mary Washington's racial integration policies, issues with integration, and also Governor Dalton's plans for desegregation of Virginia Colleges Creator An entity primarily responsible for making the resource Mello, Michael A. Source A related resource from which the described resource is derived Mello, Michael A. "BOV Adopts Dalton Plan." ), April 25 , 1978. 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 1978-04-25 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 2 JPG Identifier An unambiguous reference to the resource within a given context Michael Mello: 78 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 Language A language of the resource English https://hist299.umwhistory.org/files/original/ae6ba1af09021d5a084c39d3982029bb.jpg 51b3f8212a750eea8f8bd84db36995fd https://hist299.umwhistory.org/files/original/ef48d388923b8dc588c2e2d0f475a680.jpg f615e917128b8f9f94cf5d1bf3d1b4e7 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 The pages of the Fredericksburg Free Lance-Star have recently contained a controversy involving John G. Castles, a member of MWC's Board of Visitors, the highest operational decision-making body of the College. Castles is also a member of the four-man Caroline County Board of Supervisors. The controversy arose out of comments he made about the low income residents of Caroline County. The Free Lance-Star quoted Castles as saying, "Even if there were more jobs, I question whether (unemployed) blacks would work . . . Blacks have two preoccupations—recreation and education. They think keeping kids off the streets and giving them a shiny new building will turn them into Phi Beta Kappas. They don't have to foot the bills—it's easy to demand things." Castles, in a letter to the Fredericksburg newspaper, replied that his "comments about unemployed applied equally to blacks and whites" and accused the newspaper of distorting the entire matter. The issue appears within the context of a three-part series of articles on Caroline County written by Free Lance-Star staff writer Spencie Love. Love, a graduate of Harvard University, wrote in the final segment of her story that the three white members of the Board of Supervisors, "hold similar views on county problems, such as poverty and unemployment, and see the county's blacks—the major victims of both—as largely responsible for their situation." Castles went on to say that Caroline County's industries were, "compatible with the labor force—no one wants to work . . . I think the county would be attractive to (outside) industry, but there's not a reliable work force. Even if there were more jobs, I question whether (unemployed) blacks would work." Love also wrote that, "Castles sees the county's blacks as a unified political force—he said that Luther Morris represented the county's blacks, and would 'do anything they tell him to do.' . . . Suggesting that blacks complained more than the 'people paying the most taxes,' Castles concluded that black leadership showed a lack of intelligence and candor." Castles, who "prides himself on his candor," was quick to respond to Love's articles. In the March 22nd issue of The Free Lance-Star, Castles wrote that Love "left no stone unturned in an effort to paint the white board members as insensitive, bigoted, plantation owners, lording it over the less fortunate citizens of the community . . . My comments about those who pay little and demand much applies to all races and not just blacks as Ms. Love would have you believe. She knows that my remarks about the emphasis on new school buildings with its lack of results on the learning capacity of its occupants applies across the board. But doesn't it serve her purpose so much better to apply it only to blacks? My comments about unemployed applied equally to blacks and whites, but if put properly in that light wouldn't create animosity, would it? Working blacks and whites have little respect for either race who won't work." Castles' letter included a personal attack upon the author of the article series. Castles charges Love with "a communistic distaste for anyone who has the audacity to own property" and suggests that this "communistic distaste" is the result of "a Patty Hearst guilt complex . . . Or maybe her earlier journalistic experience as a reporter for the Afro-American Newspaper" was the cause of her "biased, inaccurate, misquoted, quoted-out-of-context and sensationalistic reporting." Castles further writes that Love, "has done her best to create dissension on the one hand and racial disharmony on the other. (She) obviously thrives on disharmony." Castle Concludes, "as for Ms. Love, the honeymoon in Caroline is over. She has been unmasked for what she really is. A holdover from the civil disturbance marchers of the '60's. Frustrated with no place to march she's turned to the next best thing, the press, and become a journalistic trouble-maker instead of the charging crusader she thinks she is. As The Free Lance-Star has become increasingly more liberal, its coverage of news events has become increasingly less reliable. In a nine-point rejoinder to Castle's letter, The Free Lance-Star asserted among other things that 1) Castle's "comments on unemployment may have applied, as he contends, to both whites and blacks. However his quote ended: 'Even if there were more jobs, I question whether (unemployed) blacks would work.' " 2) The "series did not depict the white supervisors as 'insensitive, bigoted plantation owners.' The series simply quoted them. Any such inference is Mr. Castles', not ours." 3) Castles' "baseless allegations concerning what he calls our reporters 'communistic distaste' and 'Patty Hearst guilt complex' are not only without foundation but also irrelevant." Castles, in a telephone interview, stated that he felt it "incredible that this land-use issue has been presented in such a way as to give it racial over-tones. My comments had nothing to do with race; they applied to whites as well as blacks. There are just a lot of unemployed people who won't take a job even when it's offered." On the school issue, Castles reiterated his point that the problem is more than financial: "you need more than money. You need motivated students, quality teachers, and responsible parents. With those things, you could learn in a barn. Without them, you couldn't learn in the Taj Mahal." Castles acknowledged that his attack on Love was partly "personal," but he felt "it was justified. I went to the paper first, but they made no effort to ameliorate the situation. A free press must be a responsible press. Responsibility must go with anything. Castles plans to clarify his position with a second letter to The Free Lance-Star. Since John Castles is a member of the 12-member MWC Board of Visitors, this issue has sparked much interest among students and faculty of the College. One student remarked that she was "appalled" at his comments. "If this man is a racist, he should not be on our B.O.V. How will this look when we apply for federal funds, having a man on the most important and powerful official body on campus making disparaging public statements about the unwillingness of Blacks to work?" Castles was appointed to the Board of Visitors in 1976, by Virginia Governor Mills Godwin. The Board perceives its duties as including "the carrying into effect the statement of Institutional Purpose." This statement states that the College is obligated to pursue its polices "without regard to race, sex, creed, or national origin." The Board is the "governing body of Mary Washington College." The Virginia law which created the Board in 1972 listed its duties as follows: "Control and expend the funds of the College . . . make all needful rules and regulations . . . appoint the President . . . and all teachers and fix their salaries and provide for the employment of other personnel as required, and generally direct the affairs of the College." 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. 51, Issue 9 Contributor of the Digital Item Person submitting the digital item to the collection. Holwick, John Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource BOV Member Involved in Local Controversy Subject The topic of the resource United States -- Race relations Description An account of the resource A newspaper article written by Michael A. Mello regarding a controversy involving University of Mary Washington's Board of Visitors member, John G. Castles Creator An entity primarily responsible for making the resource Mello, Michael A. Source A related resource from which the described resource is derived Mello, Michael A. "BOV Member Involved in Local Controversy." The Bullet (VA), March 28, 1978. 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 1978-03-28 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 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 Board of Visitors Fredericksburg John G. Castles Local Controversy Mary Washington Bullet Michael A. Mello Michael Mello Race Relations The Bullet https://hist299.umwhistory.org/files/original/58cf1ec9925b62d6faadecae8daa30bb.jpg 991d50f6138a32deca9e0bc13850dd66 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 Bundy is set to die at 7 a.m. Creator An entity primarily responsible for making the resource Morgan, Lucy, Nickens, Tim and Lavin, Chris Format The file format, physical medium, or dimensions of the resource 1 jpg Language A language of the resource English https://hist299.umwhistory.org/files/original/a2b12937409139891d7b670554389ade.jpg 6bc0be2cbbffa9361b6d8ed5b84c586c 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 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. Scovell, Madison Text Any textual data included in the document Ted Bundy, one of the most hated men in America, prepared early this morning to die in Florida’s electric chair. Late Monday night, the U.S. Supreme Court voted 5-4 not to give Bundy a stay of execution’, frustrating lawyers who had tried every appeal they could think of in a variety of state and federal courts. “There’s no question he left a trail of horror, destroyed families,” Gov. Bob Martinez said earlier in the day. “For all that reason and more, he deserves that rendezvous tomorrow morning with the electric chair.” The execution is set for 7 a.m. “He does not want to die. He is going through a lot of agony tonight,” said James Dobson, a religious broadcaster who was one of the last people to visit Bundy. Death penalty opponents, who usually state protests against executions, were noticeable quiet this time, recognizing the particular enmity that Bundy’s name inspires. Dozens of reporters from across the country gathered in this prison town to mark the execution. Forty miles up the road, in the town where Bundy kidnapped and killed 12-year-old Kimberly Leach, many residents were waiting for Bundy’s time to run out. “Closure, that’s what we’re looking for,” said Melinda Moses, a teacher at Lake City Junior High School, where the little girl was abducted. “We want it over with, and yes, we want him dead.” Legal maneuvers The U.S. Supreme Court’s vote came at 10:30 p.m. “This is the end of the road,” said Michael Mello, a lawyer who has been helping in Bundy’s final defense. “We came one vote shy.” The decision capped a frantic day of legal maneuvers and counter moves. Prior to the Supreme Court’s decision, two Florida courts had turned Bundy down. The issue before them was the same one that the Supreme Court rejected: that the judge presiding in the Leach case had improperly instructed jurors before they recommended that Bundy be sentenced to death. Bundy’s attorneys also appeared to be trying one other tack: that the years on death row had made Bundy insane. Martinez prepared for that possibility by dispatching a a three-member psychiatric team to Florida State Prison to examine Bundy if the need arose. If Bundy’s attorneys did try to claim Bundy was insane, it would be up to Martinez to decide whether to stay the execution. That prospect seemed unlikely. “In the case of Ted Bundy, he had it coming,” Martinez said after the Supreme Court ruling. “We know of no reason why he should have any stay or clemency…. We have every intention of carrying out the death penalty.” Preparations One of the last people to meet with Bundy was James Dobson, president of a family-oriented Christian ministry in California. Dobson taped an interview with Bundy on Monday afternoon. Although he will not release the tapes until after the execution, Dobson disclosed some of the contents Monday night. Dobson said that Bundy admitted killing many young women and blamed pornography for his crimes. “It became an obsession with him,” Dobson said. While Bundy was a teen-ager, he sought pornography that was increasingly violent and explicit, said Dobson, who was a member of a federal commission on pornography. As he was nearing 20, Dobson continued, Bundy started thinking about killing women, and after a year or two started following through on his urges. “He expressed great regret and remorse for what he had done,” Dobson said. Bundy also was scheduled to meet a final time with his lawyers and friends John and Marsha Tanner. Tanner is Volusia County State Attorney and active in a prison ministry. Bundy had no special requests for his last meal so prison officials were planning to give him steak, eggs and hash browns. It was to be served at 4:30 in the morning, and Bundy was to get only a spoon, the sole utensil allowed prisoners who are awaiting execution. At 6 this morning prison officials were to shave Bundy’s head and right leg, for the electrical connections, and let him take a shower. He was to put on a shirt and dark trousers; the trousers match a coat that is retained for burial. Most of his personal possessions have been stored. After the execution, they will be turned over to someone Bundy had chosen. At the end of the Leach trial, Bundy married a longtime friend named Carol Boone. Later, she had a daughter, and Bundy was said to be the father. Now a resident of Washington, neither Ms. Boone nor the girl were in Florida as the execution drew near. Convicted of three murders in Florida, Bundy spent much of the last few days confessing that he killed many more women in western states. In all, Bundy now admits at least 20 murders, investigators said. “I think he was born to kill,” said Washington state investigator Robert Keppel as he left the prison Monday. “He was just totally consumed with murder all the time. He really didn’t have time to hold a job or go to school.” Keppel, who has followed the Bundy murders since 1974, says Bundy has confessed to more murders than had previously been attributed to him. He has admitted killing 11 young women in Washington, three more than investigators have included in the list of so-called “Ted murders,” said Keppel. One of the Seattle area murders took place in May 1973, a year before the other deaths that Seattle officials have long attributed to Bundy. “He could describe things in detail,” Keppel said. “It was almost like he was just there.” Bundy found a place to dump a body in Washington and kept returning again and again with new bodies, aware each time that the police had not found the others. Bundy’s mother, Louise, who lives in Tacoma, Wash., with his stepfather, John Bundy, said the confessions were unexpected “because we have staunchly believed - and I guess we still do until we hear what he really said - that he was not guilty of any of those crimes.” “But if this is true, if Ted did do these things, and if indeed he is substantiating it with facts that he really did those things… it’s the most devastating news of our lives… “I agonize for the parents of those girls,” she said. “We have girls of our own, who are very dear to us…. Oh, it’s so terrible. I just can’t understand.” Murder victim’s hometown In Lake City, Kimberly Leach’s hometown, people appeared tired – tired of the delays in the execution and tired of having been forced to relive the 12-year-old’s murder with the signing of each death warrant. “We’ve never forgotten,” said longtime Mayor Gerald Witt. “When he’s gone there’ll be a lot of people shaking hands, exchanging high-fives and all that because they finally killed the bastard.” Down the road from that mayor’s office, junior high school Principal Robert Simmons says that today’s students, who never knew Kimberly, have been educated in a school still “paranoid” about safety. Students still are organized into a buddy system. “If you see a student alone on this campus, teachers are angry,” Simmons said. Security officers patrol the grounds, and any time a student is absent, school officials call parents immediately to determine the student’s whereabouts. Parents, too, have kept up their guard, even some who did not live here when Kimberly died. “You hear about it enough,” said Candy Palmer, who stopped to pick up her seventh-grade son Danny Monday afternoon.” Most people are very attentive about getting here on time to pick up their kids. I know I am.” Across the road from the prison, television and newspaper reporters from around the nation gathered in a former cow pasture reserved for the news media at each execution. At the last execution, there were only a few reporters. Monday, there were more than 100. There were motors homes filled with electronic gear, and at least 14 satellite discs beamed the story to distant audiences. At one point Monday, the weight of 25 microphones taped to a makeshift lectern toppled the whole thing and sent television crews scrambling. Along the state road that runs past the prison, a Jacksonville man working out of his car sold shirts that featured a drawing of Bundy strapped to the electric chair and the slogan “Bundy’s Last Charge.” The shirts cost $10 each. And two entrepreneurs, who would identify themselves only as Randy and Rick, were selling electric-chair lapel pins for $3 apiece. 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 Bundy is set to die at 7 a.m. Creator An entity primarily responsible for making the resource Morgan, Lucy Nickens, Tim Lavin, Chris 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 Bundy, Ted Death penalty Source A related resource from which the described resource is derived St. Petersburg Times Date A point or period of time associated with an event in the lifecycle of the resource 1989-01-24 Format The file format, physical medium, or dimensions of the resource 2 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 Florida death penalty Ted Bundy