4 20 256 https://hist299.umwhistory.org/files/original/4955d7d829a26de046034cde3a7de378.jpg fbda1189e56a50e7b659e18410ed0d1d Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Publisher] The Gainesville Sun [Date] Wednesday, July 31, 1996 [Title] 'Killer to get new sentence' [Subtitle] 'An appeals court orders resentencing for the Death Row inmate who raped and killed a 94-year-old woman.' [Author] Aaron Hoover A man sent to Florida's Death Row nearly 20 years ago for the rape and murder of a 94-year-old Gainesville woman must be sentenced all over again, an appeals court has ruled. Steven Todd Booker, convicted of first-degree murder and a survivor of at least three death warrants for the 1977 rape and murder of Duck Pond resident Lorine Harmon will appear before a jury in a Alachua County and be resentenced in the case as a result of the decision this month by the federal 11th Circuit Court of Appeal. Prosecutors decried the development as an example of a flawed system that allows death penalty appeals to drag on for decades quote this is an example of why the appeal IT system is entirely broken," said state attorney rod Smith. "No one is saying he didn't do it. . . but 20 years after the fact we're deciding to reconstruct a penalty phase on a brutal murder." But a lawyer who has represented Booker had a decidedly different view. Michael Mello a Vermont law professor who has worked extensively on Booker's case, said the state is to blame for much of the delay. U.S. Judge Maurice Paul first ruled Booker should be resentenced in 1988, but appeals by the Attorney General's Office delayed a final decision until this month, said Mello, a law professor at Vermont Law School. "Steve Booker's case is the case I always use in our capital punishment seminar to illustrate these delays in death penalties that prosecutors and politicians are always talking about - they're as often or not caused by prosecutors," Mello said. A jury in Alachua county convicted Booker, now 42, of first degree murder, rape by force, and burglary for breaking into Harman's apartment, raping and killing her on Nov. 9, 1977. After his conviction, Booker wrote to Circuit Judge John Crews, now deceased, asking to be put to death. Harman, an assistant post master in her native Maryland, had moved to Gainesville in 1956 when her husband retired. She went back to Maryland briefly after Frank Harman died, but later settled permanently in Gainesville, where she was known for her independence - frequently walking into the now defunct Primrose Inn restaurant downtown for lunch, for example. according to Mello, jury instructions at the time of Booker's sentencing directed juries to consider only certain narrowly defined reasons why he might be spared. Those instructions prevented the jury form considering crucial evidence about Booker's mental health, he said. "The list of mitigating circumstances said the jury should consider some kinds of craziness, and Booker didn't have those kinds of craziness, he had other kinds of craziness," Mello said. Those included alcohol abuse and "a hideous family background," he said. A 1987 U.S. Supreme Court decision in Florida Death Row inmate James Hitchcock's case found identical jury instructions unconstitutional, meaning that all relevant evidence could be introduced in death penalty defenses, Mello said. The decision affected "two or three dozen cases" including Booker's cases, he said. The date for the new sentencing hearing has not been set, but Smith indicated he was not pleased to face the challenge. "you have to reconstruct somewhat what's already occurred and represent what occurred at the trial phase so the jury will understand at the penalty phase what you're talking about," he said. "It's an outrageous assignment to any office to go back and try any portion of a case under those circumstances." Contributor of the Digital Item Person submitting the digital item to the collection. Armel, Ryan Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Killer to Get New Sentence Subject The topic of the resource Mello, Michael Booker, Steven Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1996-07-31 Language A language of the resource English Description An account of the resource Steven Booker, a man sentenced to Death Row for the rape and murder of a 94-year-old woman nearly 20 years ago is being resentenced due to a decision made by Florida's 11th Circuit Court of Appeals. Creator An entity primarily responsible for making the resource Hoover, Aaron Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Gainesville, FL Source A related resource from which the described resource is derived Hoover, Aaron. “Killer to Get New Sentence.” The Gainesville Sun, July 31, 1996. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI 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/513642f5d22d3e15fc6ae7aded545835.jpg 1d4ab194ff0561b4ca4bd786d232e1cd https://hist299.umwhistory.org/files/original/d2d10dfd26d7e527819b1d28ae3e42cd.jpg b24465729abbc2300521345e27cd301a 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 <p>      A Student Senate Committee poll indicates that the students of MWC still favor the option of 23 hour visitation, that they would like to see a student member on the BOV, and that student-faculty relations could be better.</p> <p>        The survey, conducted by the Coordinating Committee of the Senate, was designed to determine what the student body feels the major issues should be in the upcoming SA elections. Several Committee members expressed hope that their findings will set the tone for the platforms and debate in the February elections for major SA positions.</p> <p>       The major findings of the poll were:</p> <ul> <li>77% of those responding to the survey indicated that the drive for the option of 23 hour visitation should be continued. Of that 77%, 43% were “strongly” in favor of keeping extended visitation as a goal for the Student Association.</li> <li>92% of the respondents indicated that the Student Lobby should continue its efforts to secure student representatives on the BOV. 54% of the 92% had a “strong” opinion on this matter.</li> <li>73% of those responding to the survey indicated that they had voiced their needs and desires to their Senate representatives. 76% responded, 26% “strongly,” that there is not effective communication between the Administration and the students. 55% of the respondents felt that the SA is effective in voicing their needs and desires. But 76% said that the MWC Administration is not responsive to the needs of the student body as articulated through the SA. This same 76% favors the creation of a body within SA Senate to handle student complaints that are not academically-oriented.</li> <li>72% indicated that their major concerns with regard to campus life were related to academics.</li> <li>93% of the respondents feel that there is a need for more open student body meetings.</li> <li>74% responded that they do not feel that student leaders have an influence on the operation of the dining hall.</li> <li>91% of those responding to the survey said that the SA should work to gain student employment opportunities in the C-Shoppe, College Bookstore, and Campus Police.</li> <li>72% responded that they had “no opinion” on whether the office of Day Student President had been effective in articulation the sentiments of MWC’s commuting students.</li> <li>75% indicated that the Student Activities Fee should be used to bring larger concerts to MWC. 67% expressed a desire to see more funds used to sponsor weekend entertainment in the C-Shoppe.</li> <li>70% of the respondents indicated that the Class Council should not be required to pay Maintenance for setting up before and cleaning up after events in ACL.</li> <li>50% had “no opinion” on whether or not the department representatives were effective academically. 88% indicated that their department reps should be more aware of what their job entails.</li> <li>92% indicated that they would like to see better student/faculty relations.</li> <li>79% felt that a Student Advisory Board is needed to provide representation for students accused of Honor Code violations.</li> <li>81% indicated that the faculty sufficiently understands and supports the Honor System.</li> </ul> <p>        The final question labeled “Your favorite bitch” encouraged respondents to raise any complaints not covered in previous questions. The most frequent responses to this question were: the possibility of instituting a meal plan should be pursued; the effectiveness and competency of the Campus Police should be investigated; the practice of inspecting the books of students leaving the library should be discontinued as contrary to the Honor Code.</p> <p>        The survey was conducted in the form of a random sample of 345 students. Committee members stress the validity of sample polls in determining mass trends and public opinion.</p> Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Michael Lohr 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 Election Issues Survey: What Bothers Students? 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 1979-02-13 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 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 Creator An entity primarily responsible for making the resource Mello, Michael Hudson, Tracy Source A related resource from which the described resource is derived Mello, Michael and Tracy Hudson. "What Bothers Students." <em>The           Bullet</em>, February 13, 1979.<em><br /></em> Subject The topic of the resource School Election Survey Description An account of the resource The major findings of a survey conducted by the student senate committee, which was designed to determine the major issues of an upcoming student election. Mary Washington Bullet Mary Washington College Michael A. Mello Student Association Student Elections Student Polls https://hist299.umwhistory.org/files/original/8de208caae20e4da1fbaed0d266f6a8f.jpg 6a59a6c260da125f25ca425d7cfcb5d7 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. Kramer, Patricia Text Any textual data included in the document <p>There seems to have arisen some controversy over the specifics involved when a case deals with both aspects of Honor and Judicial Violations. Should such a case come before Honor, Judicial, or both and in what order? If the case comes before both courts of student action, does this indeed constitute double jeopardy? Does a policy need to be formed to cover all cases that fall in this category, or should each case continue to be decided on its individual merit? This article will attempt to deal with these considerations in terms of the alleged Honor Violation of Lying in conjunction with alleged Judicial Violations.</p> <p>If a student is confronted with an alleged judicial violation, the accused is assumed innocent of that charge until proven guilty by the judicial court. Additionally the accused has the right to state his or her innocence to that judicial charge in one of several ways: by pleading the 5^th amendment in the right to remain silent or in pleading guilty to the offense as charged, and tailoring the case to fit the plea. However, under the present system, an accused student may compound a problem, expanding it to involve an Honor Offense as well. But only in a specific sense. For example, the accuser questions the accused in relation to a specific part of the offense that he or she was visual witness to , and the accused denies the fact. A misrepresentation of the truth is no less a misrepresentation becuase it is about a Judicial Offense. Granted, the lie would not have been an issue if a Judicial Offense had not come into play. There exists, however, a very real difference between maintaining one’s innocence through an impulsive lie to cover for one’s actions.</p> <p>A direct lie to cover for one’s action is in our System, by precedence, taken to Honor. The reasoning behind this has been based in what has seemed fairest to the accused in terms of both Honor and Judicial. First, Honor deals with the lie, deciding on guilt or innocence and then hands down one of three penalties: No Dismissal, suspension, or Absolute Dismissal. These decisions are made only on direct evidence presented to the Council surrounding the lie itself. Then, if the case further warrants Judicial proceedings it will go to Judicial for a decision and Judicial penalty based only on the Judicial Violation charges. The Honor Council’s decision will not be known to, nor will it figure in the voting Judicial Council’s decisions.</p> <p>Precedence in such cases has taken into consideration the power of the Honor Council’s decision and realm of penalty: that the Council can directly dismiss a student from the college. It seems ludicrous to think that a student should be subject to first one trial, receive a fine or extra desk duty; then to a second, and in the second trial face the possibility of Absolute Dismissal.</p> <p>It is equally ludicrous to consider as a logical extension that since we may be charged with lying with the Judicial case, that if we plead “not guilty” is merely a formal courtroom procedure around which to build one’s case. An accused may plead “not guilty” even in the face of  “obvious” guilt if: 1) the accused believes that he or she is not guilty, or 2) if the accused is not willing to face the specific charges as they stand. Once a verdict and penalty are handed down by any judicial body (unless an appeal process is completed to the contrary) the decision stands, and the accused assumes (in effect, becomes) the decision of the court.</p> <p>Another aspect to consider is that of double jeopardy. Because a case may come before both Honor and Judicial Councils, does this constitute double jeopardy? By definition of the two separate entities, it does not. Again, Honor will deal only with that which clearly falls under its jurisdiction. No case will be accepted that is not clearly within the realm. Neither our Honor System, nor our Judicial System claim to be qualified to deal with decisions in a real court of law, nor their penalties. In the particular type of case which we are concerned with here, there is no doubt that either body is dealing with “criminals.”</p> <p>It appears that due to the delicate nature of each individual case, especially those that fall under this discussion, it is necessary to continue to decide the effect of Honor upon each case depending on circumstance. There are always fine line cases that will be difficult to classify. When such a case occurs it may be best to bypass the Honor Council. But, when a case is clear cut, and deals with lying and a Judicial Offense, both effects of the total violation must be handled separately.</p> <p>With proper discretion, it is possible to avoid such conflicts. If the accuser uses thought and tact in addressing a potential accused, there should exist no set up for the probability of an Honor Violation. Inform a student that you are considering Judicial procedure—don’t provide them the unfortunate opportunity to react to a pointed question of accusation with a lie to cover for their actions.</p> <p> </p> 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 Counter Point Creator An entity primarily responsible for making the resource Innis, Beth Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Identifier An unambiguous reference to the resource within a given context 68A 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 Description An account of the resource Honor Council President, Beth Innis, wrote an article discussing Honor Violations, Judicial Violations, and double jeopardy. Source A related resource from which the described resource is derived Innis, Beth. "Counter Point". The Bullet (VA) Subject The topic of the resource Student newspapers and periodicals Beth Innis honor code Honor Council judicial offense Michael A. Mello The Bullet University of Mary Washington university policy 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> <p>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. <br /><br />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.</p> <p>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.” <br /><br />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.” <br /><br />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). <br /><br />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. <br /><br />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. <br /><br />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. <br /><br />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…” <br /><br />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. <br /><br />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. <br /><br />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). <br /><br />McCoach urged that it is crucial for the letters and phone calls to reach these legislators as soon as possible.</p> 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/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/d0050e03fd91b3530287b15401e2e5aa.jpg 52677029bdafccec8fe5f73ef0356a2f Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Page header] B-2 ** The Times-Union, Jacksonville, Saturday, September 9, 1995 [End Page Header] [Article Title] Court denies stay for Spaziano By Jackie Hallifax Associated Press [End Article Title] [Column One] TALLAHASSEE -- The Florida Supreme Court refused yesterday to stay the execution of Joseph "Crazy Joe" Spaziano but ordered a lower court to hold a hearing within a week into his claims of innocence. In an unsigned opinion, the justices agreed a trial judge should consider the recent recantation of a key prosecution witness who said he lied during Spaziano's trial nearly 20 years ago. But the state's high court split 4-3 in its refusal to delay the execution. [End Column One] [Column Two] Spaziano, 49, is scheduled to die in Flordia's electric chair Spet. 21 for the August 1973 murder-mutilation of Laura Lynn Harberts, 18, of Orlando. Herberts body was found in an Altamonte Springs dump. The key witness at Spaziano's trial was Anthony DiLisio, who recanted his testimony earlier this year, prompting Gov. Lawton Chiles to suspend Spaziano's fourth death warrant. However, after an investigation by the Flordia Department of Law Enforcement into the recent comments by DiLisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. [End Column Two] [Column Three] Richard Martell, who oversees the state lawyers who defend death sentences, said he was still studying the decision. Micheal Mello, the Vermont law professor who represents Spaziano, did not respond to a request for reaction. Dexter Douglass, Chiles' general counsel, said a week should be sufficient for a lower court to hold a hearing. "There's plenty of time for this hearing," he said. "there's plenty of time for it to come back up to the Supreme Court." The trial court will decide if the recanted testimony is credible and substantial enough to probably change the verdict, according to the majority opinion. [End Column Three] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Shinkle, Timothy Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Court denies stay for Spaziano Creator An entity primarily responsible for making the resource Jackie Hallifax Source A related resource from which the described resource is derived The Times-Union Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-09 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Description An account of the resource This article reviews the Flordia Supreme Court's 4-3 split when deciding to stay Joseph Spaziano's death sentence after a key witness recanted their statement from twenty years ago. Subject The topic of the resource Capital Punishment Spaziano, Joseph Chiles, Lawton Herberts, Laura DiLisio, Anthony Florida. Supreme Court Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Jacksonville, FL https://hist299.umwhistory.org/files/original/d892ad0fe68edf833ac581aeda069963.jpg 37f152c7b2fb30510fed7ff93a458023 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 Sketch Physical Dimensions The actual physical size of the original image 1639x2191 pixels 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 Sketch of Anne Kight and Michael Mello Description An account of the resource A sketch by Ellen Jagiello of Anne Kight and Michael Mello at the trial of Anne Kight. Creator An entity primarily responsible for making the resource Jagiello, Ellen Source A related resource from which the described resource is derived The Bullet 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 Format The file format, physical medium, or dimensions of the resource 1 JPG Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Fredericksburg, VA Subject The topic of the resource Student newspapers and periodicals 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. Anne Kight due process Judicial proceedings Mello Sketch student discipline The Bullet trial https://hist299.umwhistory.org/files/original/402cd23a1f4646ac3b74a24f69647409.jpg b4addf861b8d243cc51e29416b391647 Text Text Any textual data included in the document [Title] Library offers Unabomber’s papers [Subtitle] But manifesto not part of collection [Authors] By Kevin Johnson [Roles] USA Today Staff Writer ANN ARBOR, Mich. — They come to a University of Michigan library here from across the USA: scholars, political theorists, lawyers and prospective authors, all seeking some meaning in the rantings of the Montana recluse whose letter bombs once terrorized a nation. It’s an academic exercise that could be called Unabomber 101. Their focus is an obscure collection called the Ted Kaczynski Papers, which includes letters, legal documents and homemade greeting cards the convicted killer has donated to the university at the behest of a persistent curator. Visitors to the ever-expanding collection of Kaczynski writings at the university’s Harlan Hatcher Graduate Library won’t find his most famous work: the rambling discourse blasting technology as a threat to nature and individual dignity that is known as the “Unabomber Manifesto.” Instead, the Kaczynski collection, held in acid-free boxes, is dominated by correspondence with pen pals on subjects ranging from philosophy to the best ways to fertilize beets. The collection has attracted scholars across the nation, many of whom say they want insight into what they view as a man with a brilliant mind who went horribly astray. Some academics, whether interested in Kaczynski’s views on technology or lessons learned from his legal case, have come to derive lessons from the material. Professor Michael Mello of Vermont Law School is among those examining the documents as part of legal and ethical discussions surrounding Kaczynski’s trial and appeals. The article also discusses debate among academics over the value of studying Kaczynski’s writings, with some emphasizing their intellectual content and others stressing that his violent actions outweigh any scholarly significance. Curator Julie Herrada explains that the collection has potential value for studying political imprisonment, mental health, and environmental thought. The materials continue to arrive from Kaczynski’s prison in Colorado. 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. Briones-Sosa, Marcus Roldan 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 Library offers Unabomber’s papers Subject The topic of the resource Unabomber; Theodore Kaczynski; University of Michigan; Criminal justice; Domestic terrorism; Archival collections Description An account of the resource This newspaper article reports on the University of Michigan’s acquisition of papers belonging to Theodore “Unabomber” Kaczynski. Donated while Kaczynski was serving a life sentence in prison, the collection includes letters, legal documents, and personal writings, but notably excludes his infamous manifesto. The article explains how scholars, lawyers, and academics are using the materials to study Kaczynski’s ideas, legal arguments, and psychological state. It also highlights debate surrounding the academic value of the collection, questions of morality, and the challenges of interpreting the writings of a convicted domestic terrorist. Additionally, the piece discusses Kaczynski’s background, his legal appeals, and the role of the university curator in securing the donation. Creator An entity primarily responsible for making the resource Johnson, Kevin Source A related resource from which the described resource is derived USA Today Publisher An entity responsible for making the resource available HIST 299, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 2001-02-20 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 https://hist299.umwhistory.org/items/show/355 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, United States https://hist299.umwhistory.org/files/original/77b19c9ffd6609db8c41760f5d9130a8.jpg 37a80ed11aa32623a1a68c18187af198 https://hist299.umwhistory.org/files/original/387002369995ce855318045cf856c8d4.jpg a367fe50b367050c35e784e6fd7baf34 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 Connecticut’s Death Penalty Bills Open the Door to More Executions By Kirk Johnson Hartford, April 7 – The State of Connecticut has put six murderers on death row in recent years under a penal code with roots in the harsh doctrines of the 1630’s. But, there has not been an actual execution here since the closing days of the Eisenhower Administration. Now a package of bills – approved by both the State House and Senate and nearing Gov. John G. Rowland’s enthusiastic signature – would make it significantly easier for juries to impose the death penalty and the state to carry it out. The new Connecticut law would streamline and shorten the appeals process and broaden the list of crimes that could result in the forfeit of a life. "We had a death penalty in name only," said State Representative Dale Radcliff, a Republican attorney from Trumbill who helped rewrite the law. "What we did was remove the hypocrisy. This makes the penalty a workable statute." Some legal experts flatly predict, in fact, that the long unofficial moratorium on executions in the Northeast – the last one anywhere between Pennsylvania and Maine occurred in 1963 – could very likely be broken here. "Connecticut is going to be the first leak in the dam," said Randall Coyne, a professor of law at the University of Oklahoma and the author of a state-by-state comparison of death penalty legislation. Experts like Professor Coyne said that although New York State's recent reinstatement of the death penalty has received most of the national attention, Connecticut's tinkering goes further toward making punishment by death a reality. In New York, for example, juries will weigh aggravating factors like the brutality or cruelty of the crime against mitigating factors in the defendants background, like an abusive, tortured childhood. The panel may then decide, after that calculus, that the death penalty is not justified in any event. In Connecticut, the new law would allow no discretion. If aggravating factors outweigh mitigating factors, the die is cast and the sentence is death. If the mitigating factors outweigh or equal the aggravating factors, a second iron-clad choice is required, 60 years to life in prison. The threshold for weighting the factors will also be lower here. In New York, juries must find that the aggravating factors tiling toward a death sentence substantially outweigh mitigating factors. In Connecticut, an amendment with moderating language similar to New Tork's was defeated, so that even a slight prepoderance of factors working against the defendant could mean a death sentence. The new law would relieve the Connecticut Supreme Court, which must review all death sentences, of a burdensome and time-consuming survey designed to make sure that the defendant's sentence was not disproportionate to sentences for other similar crimes. Both New York and New Jersey, which reinstituted its death penalty in 1982, require proportion studies to insure that a death sentence was not dictated by passions or other factors peculiar to the defendant's case. Referring to Connecticut's old death penalty law, Michael Mello, a professor of law at Vermont Law School, and the author of two books on capital punishment, said, "Connecticut had what I would call one of the most careful and reliable capital statutes in the country – they made the decision that we want to err on the side of mercy rather than risk executing innocent people." The new code, Professor Mello said, "will most Connecticut into the national mainstream, and particularly in the mainstream of the death belt states of the old Confederacy, where the death penalty is now and has been historically much more of a reality and a presence than it has been in the Northeast." Connecticut's Chief State's Attornery, John M. Bailey, agreed that there will be more death sentences, and he also believes that Connecticut will be the first in the region to carry out an execution. But he said that safeguards remain in place that will still make capital trials more scrupulous than in southern states. In states like Florida or Texas, Mr. Bailey said, nearly any murder can qualify for consideration as a death penalty case. Connecticut has a preliminary threshold for capital felonies, like limiting the option to crimes like multiple murder, murder during a sex crime, or the murder of a police or corrections officer. The new law would also add another category to the list of possible death penalty cases, the murder of someone under age 16. It would substitute death by lethal chemical injection for the electric chair, which state prison officials have said would have needed $500,000 of refurbishing work. "We still don't have an easy death penalty," Mr Bailey said. However, he added, using the phrase that most supporters of the bill habitually repeat, the new code, unlike the old one, will be "workable." " The old law was drawn to make sure that even though we had a death penalty law, no one in fact would ever face the death penalty," he said. But even the most enthusiastic supporters of the new law concede that years of legal review and court challenges lie ahead. And some also say they feat it may be fraught with Constitutional problems. Citing one example, Senator George C. Jepsen, the former Chairman of the Judiciary Committee, said that the combination of adding a new category of capital felony – the murder of a child – and at the same time eliminating the Supreme Court's proportionality yest for measuring one case against all others with similar circumstances make appeals based on "arbitrary or capricious," sentencing harder to combat. "We might put 10 people on death row in the next seven to eight years and have the whole thing thrown out," said Mr. Jepson, who voted for the bills, and who said he will do so again when the package makes one last appearance before the Senate, probably this week, for approval of a final technical change in wording. Mr. Jepson said he doesn't believe Connecticut will go crazy executing people, partly because in the end, the process will still be left in the hands of jurors who can find reasons not to vote for death. One jury decided against a death sentence in a case several years ago for example, because the defendant's good behavior in prison was considered a mitigating factor. Contributor of the Digital Item Person submitting the digital item to the collection. Hiser, Kristopher 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 Connecticut's Death Penalty Bills Open the Door to More Executions Subject The topic of the resource Connecticut. Capital punishment--United States. Creator An entity primarily responsible for making the resource Johnson, Kirk Language A language of the resource English Description An account of the resource Article in the New York Times describing the passage of new death penalty statues in Connecticut. After years of technically having a death penalty that could not be implemented in practice, Connecticut is about to have a "workable" death penalty. In the article, legal experts describe the danger of such a law while legislators in favor of its passage make comments in attempt to alleviate such concerns. 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 1995-04-10 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 jpgs 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Connecticut Source A related resource from which the described resource is derived New York Times Aggravating circumstances Connecticut Connecticut death penalty Dale Radcliff Death belt Florida death penalty George C. Jepsen John M. Bailey Mitigating circumstances New York death penalty New Jersey death penalty Randall Coyne Southern death penalty Texas death penalty Trumbull https://hist299.umwhistory.org/files/original/fad88b708bceddb7aa8a93368c8a14dd.jpg 09f25c16eda74646e998420f29320382 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [header]&nbsp;<br />State News<br /><br />[Title]&nbsp;<br />Spaziano case has court in quandary<br /><br />By Larry Kaplow<br />Palm Beach Post Capital Bureau<br /><br />[start of the first column]<br />Tallahassee-Tensions over the controversial death sentence of Outlaws gang member Joe Spaziano surfaced in heated arguments Thursday as the Florida Supreme Court wrestled with the apparent reversal of the key witness in the 20-year-old case.<br /><br />The case has defied legal procedures, with its late-breaking recantation by witness Anthony Dilisio, and the subsequent investigation that Gov. Lawton Chiles is keeping secret but said prompted him to sign Spaziano's death warrant last month. Execution is scheduled for Sept. 21.<br /><br />Spaziano was convicted of the 1973 Seminole County murder of 18-year-old Laura Lynn Harberts, whose badly decomposed body was found alongside another corpse near a trash dump.<br /><br />His volunteer attorney asked the court to cancel the execution and give him enough money to hire an investigator to look into the new information. The court could rule anytime.<br /><br />As an assistant attorney general agreed against a stay, Supreme Court justices testily asked about a videotape, somehow leaked to Spaziano's attorney and of Dilisio telling Chiles' investigators that police led him to give the hypnotically induced testimony about going with Soaziano to see the victim's corpse.<br /><br />"Apparently there us an allegation out there, and a very strong one, that the prime witness against the defendant in this particular case has now related his testimony," Justice Gerald Kogan<br />[end of the first column]<br /><br />[Start of the second column]<br />said. "What do we do as a court? Do we sot back and say, 'OK... that's tough Mr. Spaziano, we're going to electrocute you because of all these (procedural) thing you should have done before?'"<br /><br />But they also had tough questions for Spaziano attorney Michael Mell about the "free form" of his defenses through the courts and why he hasn't obtained a sworn statement from Dilisio recanting his trial testimony.<br /><br />Mello, a law professor in Vermont, said Dilisio refused to cooperate years ago and he wants to try to hire an investigator to give it another try.<br /><br />By the original prosecutor's own admission, the case relied almost completely on the testimony of DiLisio, then a troubled teenage Outlaws groupie. But, when he couldn't remember an alleged trip to view the victim with a boastful Spaziano, police had him hypnotized and led him on at least some of the details.<br /><br />Recent report in The Miami Herald quoted Dilisio as saying that he was coerced into the testimony. That prompted Chiles to delay an order for his execution in June. But Chiles sent investigators to talk to Dilisio and others. <br /><br />Chiles aides said they found others in the Outlaws' circles who claimed to hear Dilisio talk about seeing the bodies before he had been hypnotized for the trail. Chiles won't release interviews, however, maintaining the Outlaws might retaliate against the witnesses.<br /><br />Mello obtained a copy of the videotaped interview Florida Department of Law Enforcement investigators held with Dilisio and turned it over the supreme court. In its, DiLiso and turned it over to the Supreme Court. In it, Dilisio, said the first time he can recall doing to the site of the bodies was when police took him there.<br />[end of the second column]<br /><br />[end of the article] Contributor of the Digital Item Person submitting the digital item to the collection. Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano case has court in quandary Subject The topic of the resource Spaziano, Joseph Capital punishment Description An account of the resource There are major tensions over Joseph Spaziano's case because the key-witness in the 20 year old case reversed his testimony. Creator An entity primarily responsible for making the resource Kaplow, Larry Source A related resource from which the described resource is derived The Palm Beach Post Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-08 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 300 dpi 1 JPG Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida https://hist299.umwhistory.org/files/original/ea3f48666ec79722cc877db750317745.jpg e6aeec26a02596e95ace594b837242b9 https://hist299.umwhistory.org/files/original/270584e4ed41f90b64e75e948f00e61b.jpg 23ebb5e7bd1225852df5ac8f1f83cdae Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Contributor of the Digital Item Person submitting the digital item to the collection. Thomas, Sean Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Text Any textual data included in the document <p>[First Page]</p> <p><span>[Heading]<br />Legal gamble wins Spaziano stay</span></p> <p><span>[Subheading]<br />The Supreme Court orders a hearing on new evidence after a Death Row inmate's attorney refuses to show.</span><span> </span></p> <p><span>By Larry Kaplow</span><span> </span></p> <p><span>Palm Beach Post Capital Bureau</span><span> </span></p> <p><span>[Start of the first column]</span></p> <p><span>TALLAHASSEE- The Florida Supreme Court on Tuesday halted next week’s scheduled execution of 20-year Death Row inmate Joseph Spaziano for a reason that characterizes the troubling case: His attorney refused to go ahead with a last-chance hearing.</span><span> </span></p> <p><span>The decision to indefinitely postpone the execution and order a hearing about new evidence was the latest in a case centering on testimony that was given by a troubled teenager under hypnosis --- no longer allowed in courts.</span><span> </span></p> <p><span>The teenager, now an adult, recanted the trial testimony this summer after Gov. Lawton Chiles signed Spaziano’s fourth death warrant.</span><span> </span></p> <p><span>The case has been marked by brinkmanship, <br /><br />[start of the second column]<br />secrets, leaks, and sudden reversals since. Supreme Court Justice Gerald Kogan called it “grossly disturbing.”</span><span> <br /><br />[photo] <strong>Spaziano</strong></span></p> <p><span>The ruling Tuesday nullifies what was Spaziano’s fifth death warrant --- the most of any living Death Row inmate. And it did so on the 50</span><span>th</span><span> birthday of the Outlaws motorcycle gang leader known as Crazy Joe.</span><span> </span></p> <p><span>Spaziano, also serving a sentence for rape, was convicted of the 1973 murder of hospital records clerk Laura Lynn </span><span>Harberts</span><span>, 18. Her mutilated body was found in a trash dump in Seminole County. </span><span> </span></p> <p><span>Harberts</span><span>’ father said Tuesday that his family has had to cope with the case for many years.</span><span> </span></p> <p><span>“I hope justice is served,” said Art </span><span>Harberts</span><span>, 67.</span><span> </span></p> <p><span>Please see SPAZIANO/4A</span><span> <br /><br />[end of the first page]<br /><br />[start of the second page]</span></p> <p><span>[Heading]<br />Professor says attorney played 'a game of chicken’ for client</span></p> <p><strong>SPAZIANO </strong><span>From 1A</span><span> <br /><br />[start of the third column]</span></p> <p><span>“There is a lot of suffering and anguish for other people.”</span><span> </span></p> <p><span>The key witness in the trial was teenager and Outlaw groupie Anthony </span><span>DiLisio</span><span>. </span><span>DiLisio</span><span> testified that Spaziano had bragged about killing women and took him to see </span><span>Harberts</span><span>’ body.</span><span> </span></p> <p><span>But the testimony was induced by hypnosis because </span><span>DiLisio</span><span> could not provide police with the details they sought to make their case.</span><span> </span></p> <p><span>After several appeals and three vacated death warrants, Chiles ordered Spaziano’s execution in June. He withdrew the order after </span><i><span>The Miami Herald</span></i><span> quoted </span><span>DiLisio</span><span> as saying that he made up the testimony at the urging of police.</span><span> </span></p> <p><span>Chiles ordered Florida Department of Law Enforcement investigators to review the new information. He kept their findings secret but said he had no doubts of Spaziano’s guilt and signed a fifth death warrant last month.</span><span> <br /><br />[Image] <strong>Mello</strong></span></p> <p><span>Meanwhile, maverick volunteer attorney Michael Mello has tried to save Spaziano through rhetorical pleas and high-stakes court maneuvers. He’s drawn open rebukes from Chiles’ office and thinly veiled criticisms from the Florida Supreme Court.</span><span> </span></p> <p><span>When the court refused to stay Spaziano’s Sept. 21 execution last week, it ordered that a fast-track hearing on </span><span>DiLisio’s</span><span> recanted testimony be held in Seminole County by Friday.</span><span> </span></p> <p><span>Mello, a professor at a small law school in Vermont and a former assistant public defender in West Palm Beach, said he refused to attend Friday’s hearing because he didn’t have enough time or money to prepare.</span><span> </span></p> <p><span>In its ruling Tuesday, the court declared that Mello had acted with “flagrant disregard” for court procedures and had, therefore “effectively withdrawn” from the case. It ordered him to turn over his files to the state agency that usually defends Death Row inmates and ordered the hearing on </span><span>DiLisio’s</span><span> recantation by Nov. 15.</span><span> </span></p> <p><span>Mello said he was “extremely relieved Joe will not be executed on schedule” but insists he has not left the case. He said he will try to find a law firm to<br /><br />[start of the fourth column]<br />provide him the backing to continue.</span><span> </span></p> <p><span>He gave Spaziano the news by phone Tuesday. </span><span> </span></p> <p><span>“He’s been through this drill so many times,” Mello said, noting Spaziano had shaved his head in preparation for the electrocution. </span><span> </span></p> <p><span>The opinion takes Chiles’ office out of the process until the lower courts meet over the issue of the recanted testimony.</span><span> </span></p> <p><span>After the opinion was released, Chiles general counsel Dexter Douglass said his office had been ready for the Spaziano case to end.</span><span> </span></p> <p><span>“This </span><span>matter’s</span><span> got to come to a closure,” Douglass said. “The fact that he stayed it off 22 years is no reason not to enforce the death penalty.” </span><span> </span></p> <p><span>Chiles’ office was critical of Mello last week over a profanity-laced memo in which he outlined his case strategy. Chiles, before the opinion Tuesday, said Mello’s latest tactics were not “serving justice.” </span><span> </span></p> <p><span>Michael </span><span>Radelet</span><span>, a University of Florida professor who worked with Mello and wrote a </span><span>book documenting executions of innocent people</span><span>, said Mello knows he could be sanctioned for his actions but he “played a game of chicken” for his client. </span><span> </span></p> <p><span>Radelet</span><span> noted that Chiles and his predecessor, Bobb Martinez, are the first governors this century not to have granted clemency to anybody on Death Row.</span><span> </span></p> <p><span>Now, prosecutors and lawyers for the office of Attorney General Bob Butterworth will continue gathering evidence for the Seminole County hearing, said Richard Martell, chief of capital appeals. </span><span> </span></p> <p><span>He said that they are not privy to what Chiles gathered in his brief investigation. </span><span> </span></p> <p><span>One part of the investigation includes a video-taped interview with FDLE agents sent by Chiles in which </span><span>DiLisio</span><span> insists he had never seen the dump site until police took him there years after the crime and in preparation for the trial.</span><span> </span></p> <p><span>“I can remember at times I didn’t know what to say, and they told me what to say.... They’d pat me on the back.” he </span><span>said..</span><span> </span></p> <p><i><span>The Orlando Sentinel</span></i><span> reported that Chiles reviewed a statement taken by FDLE from someone who </span><span>DiLisio</span><span> told him about the trip to see the body before he had talked to police and others who said Spaziano bragged to them about the murder.</span><span> </span></p> <p><span>Under Clemency laws, Chiles </span><span>is allowed to</span><span> keep the information secret, and Douglass said he will continue to do so. He has said witnesses fear retribution by Outlaws members. </span><span> </span></p> <p><i><span>The Associated Press contributed to this story.</span></i><span> </span><span> </span></p> Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Legal gamble wins Spaziano stay Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 dpi Language A language of the resource English Description An account of the resource <span class="TextRun SCXW193726149 BCX0"><span class="NormalTextRun SCXW193726149 BCX0">Mike Mello Joseph Spaziano's lawyer makes an attempt to get a stay of execution for Spaziano. Mello did this by not attending the "Last-Chance hearing" to defend Spaziano, leaving him without representation, and forcing the postponing of his execution. This was done after the testimony of a key witness came into question.</span></span> Creator An entity primarily responsible for making the resource Kaplow, Larry Source A related resource from which the described resource is derived Palm Beach Post Capital Bureau Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-13 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Palm Beach, FL Subject The topic of the resource Capital Punishment Stay of Execution capital punishment stay of execution https://hist299.umwhistory.org/files/original/51a76f188e66e4b223bf6c5b0b0cd9a7.jpg 8f9188682598038a6db6c41df8413411 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. 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 Student Demonstration Subject The topic of the resource Student Protest Description An account of the resource Mike Mello, former president of the MWC Chapter of NORML, speaks at Friday's demonstration held on Westmoreland Green to protest the suspension of four of the five students arrested in Madison last week. Creator An entity primarily responsible for making the resource Kempton, Houston Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Identifier An unambiguous reference to the resource within a given context Mello_1 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/ccde875d75630b0e60b58e64d4908d49.jpg 7121df0ef9d96ba8b635d50a0c533df4 https://hist299.umwhistory.org/files/original/029b1f47863bbff1115e75467358cc82.jpg 4841d041d89053064532305a2667f990 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Volunteer Lawyers Resources Centers budget eliminated https://hist299.umwhistory.org/files/original/3daf94eaeaf06d024c08d972fbf091a7.jpg 1360eba2045e8e08815d825707b0c30c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document <p>[Heading]<br />Operation to shut its doors this month <br /><br />Volunteer Lawyers Resource Center's budget eliminated <br /><br />By Mark D. Killian                               Associate Editor</p> <p>[Start of First Page]<br /><br />“We’re boxing it up and moving it out,” said Jennifer Greenberg, co-director of the Volunteer Lawyers’ Resource Center in Tallahassee. <br /><br />The organization, created in 1988 to assist death row prisoners in their ap-peals, is closing its doors following a House of Representatives vote to elimi-nate federal funding for the VLCR and 19 similar organizations throughout the country. <br /><br />The cuts are part of the 99-page House Appropriations Bills for the Departments of Commerce, Justice, and State, the ju-diciary and related agencies for fiscal year 1996. <br /><br />“None of the funds provided in this Act shall be available for Death Penalty Re-source Centers or Post Conviction Defendant Organizations,” the bill, destined to become law, says. “It has not passed the senate yet, but our understanding is that there will be absolutely no problem with that occ-uring,” Greenberg said, adding that the Administrative Office of the Federal Courts has Directed the Resource Center to prepare to shut its doors on September 30. <br /><br />The news of the Resource Center’s closing came as a blow to Florida’s Office of the Capital Collateral Representative, which serves as counsel for all Florida death row prisoners not otherwise represented. <br /><br />Saying it has to many cases and too few lawyers, CCR Michael Minerva told the Supreme Court in a petition for re-lief that the center’s closing “threatens to send the system into chaos because an already overburdened CCR could not possibly absorb the sudden addition of other clients.” <br /><br />Minerva said out of the approximately 350 people on death row in Florida, his office represents 141 of them, with an-other 25 who are eligible for representation but have yet to be assigned counsel. The Resource Center and its volunteers represent another 50 prisoners, he said. A couple of others are represented by volunteers not associated with the Resource Center and the balance of death penalty cases are still on direct appeal. <br /><br />With the end of the Resource Center, the responsibility for finding lawyers for those sentenced to death again will ultimately fall on the Bar, president who sits on the Resource Center’s board of directors. Rinaman organized the Bar program in the mid-1980s that recruited law firms to handle death penalty appeals, and was instrumental in establishing the VLRC and CCR. <br /><br />”I think the Bar is going to be called upon to play a role,” Rinaman said. “The question is, what role?”<br /><br /><strong>Layoffs</strong><br /><br />Greenberg said the VLRC has already laid off most of its 23 employees, which includes six lawyers and four investigators, along with paralegals and other support staff. <br /><br />“We are down to just those who will physically close the operation,” she said. <br /><br />[Quote] “It is really frightening what we as citizens are going to allow to happen to our condemned.’- Jennifer Greenberg VLRC co-director. [End quote]<br /><br />The Resource Center also has notified the Governor’s Office of its closing, and the center’s present inability to represent or assist in the representation of anyone under a death warrant. <br /><br />“Our board has told us to stop taking new cases, stop investigating, stop doing anything other than what we need to do to close,” Greenberg said. “We have reached a point where in order to fulfill our exiting obligations we have to focus on that and not do anything new.” <br /><br />Greenberg said VLRC is working to transfer ongoing cases and trying to ensure former clients ”have something approaching effective representation in the future.” <br /><br />With the closing of the Resource Center, Greenberg said she thinks post-conviction for Florida death-sentenced inmates with be thrown into turmoil. <br /><br />“I think it is particularly distressing in Florida where we have tried very hard to ensure effective representation and ensure there is some order in the pro-gress,” Greenberg said.<br /><br />The Resource Center performed ser-eral functions. It provided direct repre-<br />[End of Page 1]<br /><br />[Beginning of Page #2]<br />a rate far exceeding that in any prior years,” the petition said. “Whereas CCR’s capacity for accepting affirmed death cases was capped at 26 per year, mean-ing a filing rate of one 3.850 motion ev-ery two weeks, the number of affirmances by this court in calendar year 1994 rose to 46. As those cases move into post-con-viction, they are again overloading CCR’s staff at its present funding level.” <br /><br />CCR has asked the court to make a detailed finding on what constitutes full funding for CCR, to repeal the one-year limit for filing collateral appeals and to stay orders designating counsel and for filing collateral motion.<br /><br /><strong>The Bar’s</strong><br />Rinaman chaired the Bar committee in the 1980s that was asked by the Federal/State Judicial Council to find volunteers to handle appeals for inmates awaiting execution. <br /><br />“For about three years the Bar carried the ball single-handedly,” he recalled. <br /><br />In 1985 the Florida legislature created CCR to provide direct representation to death-sentenced individuals in post con-viction proceedings and the Volunteer Lawyers’ Resource Center was created in 1988 in an attempt to alleviate a case backlog. <br /><br />[Quote] ‘I think the Bar is going to be called upon to play a role. The question is, what role?’- James Rinaman, Former Bar President. [End Quote] <br /><br />“Over the years we have developed a program that is barely adequate, and now without the Resource Center we will be back in a situation where we don’t have an adequate program,” Rinaman said. <br /><br />Supreme Court Justice Ben F. Overton asked the Board of Governors at its February meeting to help find lawyers to take cases that can’t be handled by CCR Rinaman expects the Bar to again hear from the Supreme Court to set up a meeting to determine what to do next.<br /><br />“It is not going to be an easy task, but I’m sure we are all up to it,” Rinaman said. “And in the name of going back to true federalism, maybe we will figure out a way to do it.”<br />[End of Page #2]<br /><br />[Start of Page #3]<br />sentation for inmates seeking collateral review in cases where CCR has a con-flict, or where CCR lawyers are over-loaded. The center also recruited volunteers to represent death row inmates in post-conviction matters. As an inducement to attract volunteers, the Resources center provided research, con-sultation and investigation services. <br /><br />“I have relied, totally, on the investigative and logistical resources of the Florida Volunteer Lawyers’ Resource Center,” Said Vermont law professor Michael Mello, who has represented several death row inmates in Florida, including Joe Spaziano, who is currently under a death warrant. ”The key to effective capital appellate work is not being a good researcher on case law; the key is being a good gumshoe investigator of fact–or being able to rely on the investigative skills of a law office like VLRC.” <br /><br />Greenberg said for a decade the legal community in Florida had an understanding that the people sentenced to death must have lawyers.<br /><br />“It really is a very sad day when not only are we faced with the prospect of having unrepresented people under death warrant, but we are really losing that incredible opportunity to bring in sole practitioners and bring in civil law-yers,” Greenberg said. “It really is fright-ening what we as citizens are going to allow to happen to our condemned.<br /><br /><strong>CCR Impact<br /></strong><br />CCR Minerva doesn’t know how many death row inmates will wind up without representation because of the closing the Resource Center.<br /><br />“We were already staggering under the load of the combination of the one-year time limit for filing collateral appeals, the unprecedented number of affirmances in 1994 by the Florida Supreme Court, and now this on top of it,” Minerva said. “This is the third major occurrence that has really affected the way we provide services.” <br /><br />Minerva said he would like the Resource Center’s volunteers to continue representing the clients they do now, but said CCR is unable to offer them the kind of support the Resource Center provided. <br /><br />“For me to try to tell them to stay the course when I don’t have anything to of-fer is not really very helpful,” Minerva said. “I think each of those volunteers is going to have to assess their own situa-tions and see if they can stay or not.” <br /><br />CCR has petitioned the Supreme Court to drop the one-year limit for filing collateral appeals, adopted following a 1991 report of the Supreme Court Committee on Post-Conviction Relief in Capital Cases. <br /><br />The agency also asked the court to find that CCR is not fully funded and to stay its orders for designating council and fil-ing Rule of Criminal Procedure 3.850 motions in specific cases. <br /><br />The supreme Court Committee on Post- Conviction Relief found that for the process to work, counsel had to be assigned quickly following the end of direct appeals. The committee recommended that counsel be appointed within 30 days after the last direct appeal, and that a one-year limit be placed on filing collateral appeals, assuming that CCR would be funded to meet that deadline. <br /><br />The rule went into effect January 1, 1994, and the court said it would review the rule this year.</p> <p>CCR operations were boosted by the legislature in 1993, based on an estimate of handling around 24 new cases per year. <br /><br />The problem, the CCR said, is that while the office budget was increased 50 percent, the client caseload has increased 69 percent and that figure was set to rise to 76 percent when five more cases were assigned. <br /><br />And the caseload continues to be above projections. <br /><br />”[A]fter January 1, 1994, death sentences were affirmed on direct appeal at <br /><br />[End of Page #3]</p> Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Parise, Rebecca Notes Additional information regarding your item. This content will not be viewable in the Public View. These Newspaper clippings at the top of the page seemed to be out of order, not sure if I was allowed to change the order of them or not, so I left it in the order that they came in when I transcribed them. That is why some words at the end of pages are cutoff and do not seem to match up with the next page. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Volunteer Lawyers Resource Center's budget eliminated Subject The topic of the resource Capital Punishment Rinaman, James C. Creator An entity primarily responsible for making the resource Killian, Mark D. Source A related resource from which the described resource is derived Killian, Mark D. "Volunteer Lawyers Resource Center's budget eliminated"The Florida Bar News, September 15th, 1995. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-15 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 3 JPGs 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL Language A language of the resource English Description An account of the resource This newspaper was describing how volunteer lawyer programs are being shut down due to lack of funding. There are other programs besides CCR that are trying to help prisoners on death row be represented in court. There has also been a dramatic increase in the amount of inmates who need a lawyer for criminal punishment charges in Florida. Budget Capital punishment. death penalty lawyers Representation for Inmates Volunteer Lawyers https://hist299.umwhistory.org/files/original/52494e485716d967b479f0c8406024c7.jpg f12f0ae9883b922756a309cb101638d6 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. Lockett, Darron Notes Additional information regarding your item. This content will not be viewable in the Public View. No newspaper publisher available. No exact date is explicitly listed, but context in the article (twelve years after Ferbuary 1979) places the article around 1991, with the month and day remaining open to speculation. Present information in the metadata claims the publisher is The Miami Herald, but that data is not present in the article. Text Any textual data included in the document RICHMOND, Va. – Let me ask a favor. Take a couple of minutes, if you will, to read a letter from Joe Giarratano. He is on death row in Virginia’s prison at Boydton. On Oct. 1, the Supreme Court turned down his last appeal. His legal roads have run out. If Gov. Doug Wilder refuses to interview, Joe will be executed before the end of the year. By way of background: On the unchallenged record, Joe Giarratano was the product of a sordid childhood. He had a limited high school education. Those facts do not excuse, but they help explain. In February 1979, Giarratano was 21 years old, a drug addict, a drunkard, a drifter working on a fish boat out of Newport News. No man is worthless in the eyes of God, but in 1979, Joe was right at the bottom of the heap. The ugly details of the crime are now irrelevant. Joe was charged and convicted of the rape-murder of a 15-year-old girl and the murder of her mother. The only evidence against him came from five separate confessions he signed in the hours immediately after the arrest. The confessions were internally inconsistent; they smacked of police coaching. Following a brief non-jury trial, a judge sentenced him to death. That was almost 12 years ago. He has been in prison ever since. He has spent his time studying law and remaking his life. I learned of the case three years ago. I spent hours reading the record and came away deeply troubled. I am not sure whether Joe is guilty; I am not sure he is innocent; but I have spent 50 years covering courts and I am certain of this: He was not convicted beyond a reasonable doubt. Now to the letter. It is dated Oct. 7, 1990: “I truly appreciate the efforts you have made on my behalf, and for bring my plight to the attention of the public through your columns. Knowing that folks really care has been a real boon for my morale. “Overall I am holding up well, and I remain hopeful. The news from the U.S. Supreme Court came as no surprise, though it is a terribly frustrating to see that procedural default mechanisms can outweigh the truth-finding process in such an obdurate fashion. Even though I understand the judiciary’s frustrations with capital cases, I really find it impossible to reconcile that imbalance with the constitution (state or federal). The ball is now in the governor’s court, and I can only hope that he will exercise his executive authority. “In the meanwhile my chin is up, and I keep fairly busy. I’ve recently completed and article for the Yale Law journal (‘A Cautionary Tale; Fallibility vs. Finality’). It is in the final editing stages. And I am in the process of co-authoring another law review with Professor Mike Mellow (Vermont Law School). The subject is the ‘forgotten’ Ninth Amendment of our Constitution. “Early in November, 50 law students from Georgetown and Maryland will be coming to the prison, and I plan to talk with them about the ninth Amendment and Lockean political theory and its role in the formation of the Declaration of Independence and the Constitution. I’ve given two talks like this in the past, and I was amazed to discover how little is known about the historical underpinnings of the Constitution. Amazed isn’t the proper word because my ignorance was on par with theirs until just a couple of years ago. “Anyway, I have rambled on enough. I simply wanted to send you a note of thanks. If things work out for me I hope we can one day meet. Please do not feel obliged to respond to this letter. I know that you are a busy man. Be well, and keep telling it like it is.” A personal note: I am not opposed to the death sentence. Given a killer in the weird mold of Ted Bundy, I see no reason for society to keep such a monster alive. The prospect of capital punishment may not be a deterrent to rape or murder – I doubt that it is, but that issue defies resolution. In truly heinous cases, a death sentence out to be available to a jury as an option. But let me ask: what would be the point in killing Joe Giarratano now? In all of my instincts, I am a man of the law. The judgments of a court ought not to be flouted. But Joe was convicted 12 years ago by a single trial judge on evidence of doubtful reliability. The confused, suicidal drug addict of 1979 is gone. In his place one finds a young man with a good mind and healthy outlook on life. How would killing him avenge the victims or sustain respect for judicial process? Some useful purpose ought to be served by putting Joe to death. I see no useful purpose and all. 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 Senseless Punishment Demands Justice Subject The topic of the resource Capital punishment Description An account of the resource Columnist James Kilpatrick writing on death row inmate Joe Giarratano's court case; questioning conviction. Creator An entity primarily responsible for making the resource Kilpatrick, James 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 1991 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 300 DPI 1 JPG Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Law, Human Rights, Capital Punishment, Supreme Court Cases 1979 1991 capital punishment Human Rights Supreme Court https://hist299.umwhistory.org/files/original/b59d847eca13727f615efbcff67a6258.jpg db1455a3b1a99bb6def418c74bc0ac03 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 For a few days last month, it looked as if Joe Spaziano had finally reached the high road to freedom. Potholes have developed. Let me update the story. On Aug. 21, 1973, police in Seminole County were led to a county dump. There they found the mutilated bodies of Laura Lynn Hartberts and another young woman. Two years passed. No leads. No suspects. No evidence. Then the authorities learned of a 16-year-old who wanted to talk. The kid had run away from a drug treatment center in a stolen car, and maybe he would strike a deal. This was Tony DiLisio. He had a bizarre story to tell. Indeed, he had several bizarre stories to tell, each of them contradicting details of the one before. The gist of it was that "Crazy Joe" Spaziano had taken him to the dump, pointed out the bodies, and claimed responsibility for the apparent murders. Young Tony's story was not all that convincing, but the cops were patient. They brought in a hypnotist. Tony obediently "remembered" all sorts of things. It was shaky evidence, but it was all the state had. Thus the Harberts' murder case went to trial in January 1976 before Judge Robert McGregor. At a pretrial hearing, the trial prosecutor made no bones about his case. "If we can't get in the testimony of Tony DiLisio, we'd absolutely have no case here whatsoever." Counsel repeated that admission in closing argument to the jury: "If you don't believe DiLIsio, then find the defendant not guilty in five minutes." As it later transpired, at least one juror had grave doubts about DiLisio, but the jury's verdict was guilty - with a recommendation for life imprisonment. Judge McGregor overruled the jury and sentenced Spaziano to death. Years passed. Appeals went up and down. Five times the governor set a date for execution. A lawyer who became obsessed with the case, Michael Mello, refused to give up. Six months ago the break came. DiLisio confessed that his testimony was a lie. He had fingered Spaziano to please his domineering father, who had reason to hate Crazy Joe. Florida's Supreme Court remanded the case for further proceedings on the newly discovered evidence. Now the good news: On Jan. 23, Judge O. H. Eaton Jr. vacated the verdict of guilty, vacated the death sentence, and ordered a new trial to begin in March. The bad news is that the state is appealing to Judge Eaton's order to the Florida Supreme Court. Before all appeals are exhausted, months or years could pass. Judge Eaton's opinion amounts to a complete vindication of Mello's selfless labor, Said the judge: "The crucial testimony at the trial of this case in 1976 came from the mouth of Anthony DiLisio. It was he who provided the only evidence of the cause of death of the decedent and it was he who supplied the jury with the evidence connecting this tragic event to the defendant. Without his testimony, there simply is no corroborating evidence in the trial record that is sufficient to sustain the verdict. . . ." Judge Eaton sketched a sordid picture. Tony's father, Ralph DiLiso, abused his six children. Tony grew up on the wild side. He got heavily into drugs. Meanwhile his father, who owned a boat dealership, was having an affair with one of his employees known as "Keppy." Judge Eaton's opinion continued: "Keppy seduced Tony DiLisio when he was 15 and with whom he had frequent sexual intercourse for about two and one-half years. His father and Keppy ultimately married. DiLisio had sex with her for the last time on their wedding day. . . . "The defendant (Spaziano) worked at the marina. . . . Not surprisingly, Keppy began to have a sexual relationship with the defendant. Ralph DiLisio found out and became angry. At some point Keppy accused the defendant of raping her. It was about that time that Ralph DiLisio asked his son if the defendant had told him he mutilated women. DiLisio testified that the defendant never said anything like that to him. But the idea was planted in his mind." A chain of events led to the two sessions of hypnosis. Judge Eaton said the hypnotist "does not give the listener confidence in his abilities." One defense expert graded the hypnotist a "double F"; the other rated his skill at zero. "In the United States," Judge Eaton concluded, "every person, no matter how unsavory, is entitled to due process of law and a fair trial. The defendant received neither. The validity of the verdict in this case rests upon the testimony of an admitted perjurer who had every reason to fabricate a story which he hoped he would be believed. The courts of this country should not tolerate the deprivation of life or liberty under such circumstances. . . . The judgment and sentence cannot stand." 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. Snellings, Alyssa 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 One more detour on Spaziano's long road to freedom 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 Spaziano, Joe Mello, Michael Florida. Supreme Court Creator An entity primarily responsible for making the resource Kilpatrick, James J. Source A related resource from which the described resource is derived Kilpatrick James J. "One more detour on Spaziano's long road to freedom." Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Description An account of the resource Joe Spaziano was suspected and accused of the murder of two young women in 1973 as a result of the statement from Anthony DiLisio. https://hist299.umwhistory.org/files/original/8a511095d19e3fde76afbbd768ab042e.jpg bbae588c2ddf046545cd601a100865f9 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 A letter from death row Creator An entity primarily responsible for making the resource HIST 298, University of Mary Washington Subject The topic of the resource The prospect of capital punishment Source A related resource from which the described resource is derived Newspaper Format The file format, physical medium, or dimensions of the resource 1 jpg. Language A language of the resource English Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document Let me ask a favor. Take a couple of minutes, if you will, to read a letter from Joe Giarratano. He is on death row in Virginia’s prison at Boydton. On Oct. 1 the Supreme Court turned down his last appeal. His legal roads have run out. If Gov. Doug Wilder refuses to intervene, Joe will be executed before the end of the year. By way of background: On the unchallenged record, Joe Giarratano was the product of a sordid childhood. He had a limited high school education. Those facts do not excuse, but they help to explain. In February 1979, when this sad chapter began, Giarratano was 21 years old, a drug addict, a drunkard, and a drifter working on a fish boat. The ugly details of the crime are now irrelevant. Joe was charged and convicted of the rape-murder of a 15-year-old girl and the murder of her mother. The only evidence against him came from five separate confessions he signed in the hours immediately after the arrest. The confessions were internally inconsistent: they smacked of police coaching. Following a brief non-jury trial, a judge sentenced him to death. That was almost 12 years ago. He has been spent his time studying law and remaking his life. I learned of the case three years ago. I spent hours reading the record and came away deeply troubled. I’m not sure Joe is guilty: I’m not sure he is innocent; but I’ve spent 50 years covering courts and I am certain of this: He was not convicted beyond a reasonable doubt. Now to the letter. It is dated Oct. 8, 1990: “I truly appreciate the efforts you have made on my behalf, and for bringing my plight to the attention of the public through your columns. Knowing that folks really care has been boon for my morale.” “Overall I am holding up well, and I remain hopeful. The news from the U.S. Supreme Court came as a surprise, though it is terribly frustrating to see that procedural default mechanisms can outweigh the truth-finding process in such obdurate fashion.” “Even though I understand the judiciary’s frustration with the capital cases, I really find it impossible to reconcile that imbalance with the Constitution (state or federal). The ball is now in the governor’s court, and I can only hope that he will exercise his executive authority.” “In the meanwhile my chin is up, and I keep fairly busy. I’ve recently completed an article for the Yale Law Journal. It is in the final editing stages. And I in the process of co-authoring another law review with Professor Mike Mello (Vermont Law School). The subject is the ‘forgotten’ Ninth Amendment of our Constitution.” “Early in November, 50 law students from Georgetown and Maryland will be coming to the prison, and I plan to talk to them about the Ninth Amendment and Lockean political theory and its role in the formation of the Declaration of Independence and the Constitution.” “I’ve given two talks like this in the past, and I was amazed to discover how little is known about the historical underpinnings of the Constitution.” A personal note: I am not opposed to the death sentence. Given a killer in the weird mold of Ted Bundy, I see no reason for society to keep such a monster alive. The prospect of capital punishment may not be a deterrent to rape or murder – I doubt that it is, but that issue defies resolution. In truly heinous cases, a death sentence ought to be available to a jury as an option. But let me ask: what would be the point in killing Joe Giarratano now? In all my instincts I am a man of the law. But Joe was convicted 12 years ago by a single trial judge on evidence of doubtful reliability. The confused, suicidal drug addict of 1979 is gone. In his place one finds a young man with a good mind and a healthy outlook on life. How would killing him avenge the victims or sustain respect for judicial process? Some useful purpose ought to be served by putting Joe to death. I see no useful purpose at all. Contributor of the Digital Item Person submitting the digital item to the collection. Hunter-Sowers, Ruby 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 A letter from death row Creator An entity primarily responsible for making the resource Kilpatrick, James K 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 Description An account of the resource A newspaper article regarding capital punishment which includes a letter written by death row inmate Joe Giarratano. The Ninth Amendment is referenced addressing constitutional law and the existence of "unenumerated" rights outside those expressly protected by the Bill of Rights. Giarratano references in his letter the Lokean political theory which provides additional inquiry. Columnist James K. Kilpatrick expresses concern with the brief, non-jury trial, Giarratano had along with a case for reasonable doubt. Language A language of the resource English Date A point or period of time associated with an event in the lifecycle of the resource 1990-10-08 capital punishment Joe Giarratano Joseph Giarratano Mike Mello Ninth amendment 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 https://hist299.umwhistory.org/files/original/c09772a2879fa1a07326d2b0d8d08eff.jpg cf26c69aa48c7b1b71160e25f5d8cd48 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 <span>[title] Lawyer takes Spaziano case to top U.S. court&nbsp;<br /><br /></span><span>[subtitle] Michael Mello seeks an FDLE report that he says can help the ex-Outlaws motorcycle member.<br /><br />By Jim Leusner Of The Sentinel Staff<br /><br /></span>A lawyer who was booted from representing convicted killer Joseph Spaziano by the Florida Supreme Court is back again. <br /><br />Vermont law professor Michael Mello said Monday he was asking the U.S. Supreme Court to review the state court's rulings in the case. He again is seeking access to a Florida Department of Law Enforcement report he says has evidence to aid his client's defense. <br /><br />Spaziano, a former Outlaws motorcycle gang member, is seeking a new trial in the 1973 murder of Orlando hospital clerk Laura Harberts. The state Supreme Court removed Mello from the case last month after he refused to attend a hearing in Sanford or turn over files to other lawyers ordered to represent Spaziano. <br /><br />A key witness who testified that Spaziano showed him Herberts' body at a dump recanted his story in June to the Miami Herold, prompting police and court reviews. The witness, Anthony DiLisio, insist that he lied at the urging of police and his father. <br /><br />The law firm of Holland &amp; Knight and Orlando defense attorney James Russ volunteered to represent Spaziano at a hearing scheduled for the next month in Sanford, but that hasn't stopped Mello from continuing his fight. <br /><br />"There is no doubt whatsoever that I am Joe's counsel of record in the U.S. Supreme Court case," said Mello, adding the state court cannot bar his federal appearance. He maintains that Spaziano, 50, still wants him as his lawyer. <br /><br />Mello said he wants the high court to order the release of the FDLE report, which he contends Gov. Lawton Chiles has wrongfully kept secret. <br /><br />He also maintains that Florida Attorney General Bob Butterworth has a conflict of interest in prosecuting the case while also having a vote on clemency proceedings presented by the governor. Mello said he may file a motion challenging his removal from Spaziano's state court appeal. <br /><br />Greg Thomas of Holland &amp; Knight said his office was concentrating on the Sanford hearing and would not comment on the appeal. <br /><br />"It's a different court and a different issue," he said. <br /><br />Chiles has refused to grant Spaziano clemency. He also has refused to release the FDLE report, citing concern for the safety of witnesses and he confidentially of the clemency process. Chiles' counsel, Dexter Douglass, said he was surprised by Mello's actions, since clemency is authorized by the Florida Constitution, and is not a federal question. <br /><br />Douglas said there was nothing in the FDLE report that he believes would exonerate Spaziano. He also said that Butterworth's office has not seen report. <span> [end page]</span> Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Contributor of the Digital Item Person submitting the digital item to the collection. Pace, Sam Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Lawyer takes Spaziano cases to top U.S. court Subject The topic of the resource Spaziano murder trial Description An account of the resource Newspaper article from October 10, 1995 about the murder trial of Spaziano. The articles talks about Michael Mello's plea to the United States Supreme Court review the courts ruling. Stating that there is important evidence that can aid in Spaziano's defense Creator An entity primarily responsible for making the resource Leusner, Jim Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-10-10 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English 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