1 20 256 https://hist299.umwhistory.org/files/original/06f2fa2b432616ee6ad541404e3c18b2.jpg 4f2c05017db6a82b877eedfe2a6bb8de 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 [[Chair-image]] ‘The death penalty is a fact of life, if that isn’t an oxymoron’: North Carolina chair Lawyers go to the Supreme Court with what may be the final broad test of capital punishment When Gara LaMarche moved to Texas to become the new head of the state Civil Liberties Union, he felt a duty to participate in protests outside the capitol building on the night of executions. Two years later LaMarche and his colleagues don’t bother, allowing condemned killers to go to their deaths without benefit of public protest. “It’s the rare human being who can muster the same level of outrage for the 16th execution as for the first,” he says. “The death penalty is a fact of life, if that isn’t an oxymoron. It doesn’t mean that people don’t care—it’s that you have to focus your energies where they make a difference.” Those energies this week will be focused on the U.S. Supreme Court. Once again, carrying the hopes and fears of 1,788 inmates on the nation’s death rows, lawyers from the NAACP Legal Defense Fund will petition the court to strike down the death penalty, this time on grounds it is racially biased. The appeal promises to be the final skirmish of a long, rear-guard legal battle. “This is the last case that has the potential of clearing death row and getting rid of the death penalty,” says Mike Mello, a Florida defense lawyer. For 10 years foes of capital punishment have crafted sweeping appeals to the high court that, if successful, would have undermined dozens of death sentences. But just as regularly the court has rebuffed them, turning back ingenious claims that capital sentences were imposed in a disproportionate manner or that juries were tilted toward conviction by the elimination of potential jurors who expressed doubts about the death penalty. The cases before the court rest on the findings of researchers that killers of whites were much more likely to be condemned than killers of blacks. In a study of 2,484 Georgia homicides between 1973 and 1979, University of Iowa law Prof. David Baldus initially found that killers of whites were 11 times more likely to receive the death sentence. Determined to settle any doubts about the disparity, Baldus took another look at his piles of trial transcripts, appellate briefs, prison files, parole-board records, police reports and other documents. He reanalyzed his numbers to eliminate the statistical impact of cases with aggravating circumstances, such as those in which the murderers had long criminal records or had committed especially heinous deeds. And Baldus still concluded that killers of whites were more than four times more likely to get the death sentence than killers of blacks. Nationwide, 1,713 of the death-row inmates—about 96 percent—were killers of whites; 1,051 are themselves white. Lawyers for Warren McCleskey, a black man who killed a white police officer during a furniture-store robbery in Atlanta, used the Baldus study to appeal his sentence. But one federal court found the study flawed and another held that even if accurate it was not sufficiently compelling to eliminate other explanations for the disparate treatment of the murder defendant. On appeal to the high court, McCleskey’s lawyers will argue that the numbers are so convincing that state prosecutors should be required to explain the apparent disparities. Indeed, McCleskey’s defense lawyer, John Charles Boger, will argue that he wants the numbers treated as they are in other cases where a statistical inference is deemed sufficient for a finding of bias. “Evidence that would amply suffice if the stakes were a job promotion or the selection of a jury should not be disregarded when the stakes are life and death,” Boger says. Mary Beth Westmoreland, Georgia assistant attorney general, contends that the studies are unsound and inadequate. “There are simply too many unique factors relevant to each individual case to allow statistics to be an effective tool in providing intentional discrimination,” she argues. Georgia clearly is the favorite going into the hearing; several justices have been impatient and unsympathetic in recent years with the pace of executions. A companion case from Florida raises a related issue: does a condemned inmate have an automatic right to a hearing on claims of racial discrimination? A study of sentences in eight states, including Florida and Georgia, had shown a pattern similar to that which Baldus found. “The discrimination we found is based on the race of the victim, and it is a remarkably stable and consistent phenomenon,” explains Stanford law Prof. Samuel R. Gross. Winning on the hearing issue would give capital-punishment foes another delaying tactic, but one without much substantive bite if they lose the McCleskey appeal: attorneys would have to show overt acts of racial discrimination by prosecutors or jurors, something that is close to impossible. While the legal issues boil, execution has become a routine matter in a handful of states. “The executions are now back [in the newspapers] with the obituaries, which is where they belong,” says Texas prosecutor Cappy Eads, chairman of the National District Attorneys Association. “There’s less tendency to glamorize the executed defendant and more of a feeling that he got what he deserved.” And the pace is quickening; eight executions already this year in Texas and three others in Florida. But no state can keep up with the fresh supply of condemned inmates, 31 each in Florida and Texas since January, nearly all of whom, if they can find lawyers, will resist in the courts the trip down the Last Mile. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Magazine Contributor of the Digital Item Person submitting the digital item to the collection. Kacoyanis, Leah 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 Death Row: Last Skirmish Creator An entity primarily responsible for making the resource McDaniel, Ann Pedersen, Daniel Prout, Linda Source A related resource from which the described resource is derived Newsweek Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1986-10-20 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 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Washington Houston Miami Subject The topic of the resource Capital punishment--America Description An account of the resource A magazine article that discusses capital punishment in America and how lawyers are trying to get rid of it. capital punishment death penalty defense lawyer Gara LaMarche Mike Mello Warren McCleskey https://hist299.umwhistory.org/files/original/7c9325745e4cffe09632b159506dec88.jpg e12e6a49f2e5d700b214da95a966a810 https://hist299.umwhistory.org/files/original/d05cc4b677e03a540904a5bf46932274.jpg 61b9c21d4ed04364b3129acfc9ef3d3a 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 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. Berry, Rebecca Text Any textual data included in the document Tallahassee --- Satisfied with a confidential investigation into one of Florida’s longest-run-ing death row cases, Gov. Law-ton Chiles on Thursday signed a new death warrant for “Crazy Joe” Spaziano.     The protracted, 20-year trek to Old Sparky was sidetracked two months ago when the main wit-ness in the case recanted his testi-mony. Chiles ordered investiga-tors to look anew at the murder of Laura Harberts, an 18-year-old Orlando hospital clerk whose skeleton was found in a rural dump.       Florida Department of Law Enforcement agents interviewed the witness – who said he lied when he testified that Spaziano had shown him the woman’s remains – and at least eight oth-ers who did not testify in the trail but not say they have knowledge in the case.       Their names may never be released; all were promised ano-nymity by investigators.      “This exhaustive review removes any doubt in my mind about this case,” Chiles said. He is the third Florida governor to sign a death warrant in the case.      “I can honestly say they’re put-ting him to death through lies,” said Tony Dilisio, the witness whose original testimony tied Spaziano to Harbert’s body.      “What I said back then was all made up, fabricated.”      FDLE investigators told the governor: <ul> <li>New witness – including former motorcycle gang mem-bers and inmate who shared a cell with Spaziano – say Spa-ziano bragged of killing Harberts.</li> <li>Chicago police believe that Spaziano killed a fellow Outlaw and his wife after he had told them about the murder while drunk.</li> <li>An unidentified man told agents that he saw Spaziano and another man hauling something “the same shape and size of a human body wrapped in fabric” into a wooded area about the time of the Harberts disappear-ance.</li> <li>Before the trail, Dilisio told people other than the police about Spaziano showing him the</li> </ul> (PLEASE SEE ‘CRAZY JOE’, 16A) [Additional title on second page]: Recanted testimony fails to changed governor’s mind He signs new death warrant for ‘Crazy Joe’ (‘CRAZY JOE’, FROM 1A) bodies.     Dilisio said Thursday that he remembers telling many of his friends when he was a teenager about Spaziano and seeing bodies. “But it was all lies. It made me feel cool,” Dilisio said. “I remember bragging. It made me feel important. The more I told the story, the more believable it got.” Teen volunteers information Harberts disappear Aug. 5, 1973. Her remains were found there weeks later in an Altamonte Springs dump, lying atop another skelton that was never ideti-fied.       The case went unsolved – the medical examiner was never able to even determine a cause of death – until Tony Dilisio, then a 16-year-old drug user in juve-nile detention center, told police he had heard Spaziano brag about the slaying.      His recollections were vague so police hypnotized him to get details.     Spaziano was a biker he admired, Dilisio told them. One day, after drinking beer and tak-ing some LSD, he was taken to the dump by Spaziano, who dis-played two mutilated bodies.     Dilisio was a powerful witness in the case. The prosecutor in the case, Claude Van Hook, has said that Dilisio was not only the state’s “pathologist in this case,” but that also, without him, “we wouldn’t have case.”       Spaziano was convicted and the jury recommend life in prison. The judge instead sen-tenced Spaziano to death, citing the brutality of the crime from Dilisio’s account.       Witness recants      But two months ago, Dilisio told The Herald that his testi-mony at Spaziano’s 1976 murder trial was untrue. He said police coerced him to make the false statements. The promised to spring him from detention and drop breaking and entering charges if he cooperated.       He said Spaziano never took him to the dump, and never bragged about murdering the women. It was the police, he said that took him there, to jog his memory.       “I never saw any bodies,” Dili-sio repeated Thursday. “It just didn’t happen.”      The FDLE interviewed Dilisio June 13. He told him he was eager to please the police back then and told them what he thought they wanted to hear.      In their report, FDLE investi-gators called Dilisio’s recantation was rambling and contradictory. Report is secret       Mike Mello, Spaziano’s attor-ney, said he is trying to get the report, he names of the wit-nesses and investigator’s notes from the state.      “The reason they don’t want me to see the identity of these super secret witnesses is they have something to hide,” Mello said.      Mello said without the names, he has no way of questioning the people accusing Spaziano of murder. He also said Chiles and the FDLE are discounting Dili-sio’s recantation because what he is saying today is “inconvenient for the state.”       Dilisio has offered to take a lie detector test but FDLE investiga-tors haven’t replied.      “I guess they don’t want to hear what I have to say. I doesn’t fit in with their story,” Dilisio said.      Chiles said Spaziano has had enough chances.       “Joseph Spaziano has received due process,” Chilies said, “and justice demands that he now face the consequences for the crimes he has committed.” [Pull Quote]: ‘Joseph Spaziano has received due process, and justice demands that he now face the consequence for the crimes he has committed.” GOV. LAWTON CHILES [Pull Quote]: ‘But it was all lies. It made me feel cool. I remember bragging. It made me feel important. The more I told the story, the more believable it got.” TONY DILISIO, witness who recanted testimony against Spaziano [Photograph; Photograph Caption]: MULTIPLE APPEALS REJECTED: Joseph Spaziano 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 'Crazy Joe' is guilty, must die, Chiles says Subject The topic of the resource Capital punishment Florida Department of Law Enforcement Description An account of the resource One of 'Crazy Joe' friends says he was and was not lying to the cops and his testimony was a big part of putting Spaziano away. Creator An entity primarily responsible for making the resource Rozsa, Lori Silva, Mark Source A related resource from which the described resource is derived The Miami Herald Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-08-25 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL https://hist299.umwhistory.org/files/original/40550272d501b926e39272bde3889d48.jpg 198e8f5cbb8edd843ea08938b081bca2 https://hist299.umwhistory.org/files/original/749a513b135faf87a50ca769ebddf9b0.jpg f541ba69bb04744a6f6df873e93f876c 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 Eyewitness Account of Rally On Sunday, January 22, there was a rally and march in Washington DC to protest the arrival of Ms. Anita Bryant, and to show to her and the community, the gay solidarity and support for 34, the Human Rights Law currently in effected in DC. I was in attendance. When my friend and I arrived at 5:45 pm there were already quite a number of people milling around DuPont Circle, listening to Lyn Frizzell perform his music. One of his songs, entitled “Hurricane Anita” was written in protest of Ms. Bryant’s recent attack on the gay rights ordinance in Dade County, Florida. The song unified the audience and bought a roaring applause from the gloved hands of a crowd now nearing 1000. Casse Culver, another singer and songwriter, performed several of her songs and urged us all to sing along. Afterward, she gave a short speech. Next, on the rally program was Leonard Matlovich. Once an airforce sergeant with many decorations, he was handed a less-than-honorable discharge when he disclosed his homosexuality. His was a stirring speech, advocating equality of rights for all. After Matlovich’s speech, a nun representing Catholic support for gay rights spoke. Following her were several others including Frank Kamony, and David Kopay, ex-pro-football player. Both gave rousing speeches. At seven o’clock it was time to move our nearly frozen bodies toward the Washington Hilton where Ms. Bryant was staying. As the crowd moved down Connecticut Avenue with candles in hand, I could see the immensity of the procession. We were near the rear of the line which was three abrest from DuPont Circle all the way to the Hilton, three and half blocks away. When we neared the Hilton, we could see that the entire hotel block was encircled about 25 people deep, all with candles held high. The crowd sang “We Shall Overcome” and “America the Beautiful” during the walk to the Hilton, groups of marchers also began chanting “Gay and Proud” and “2, 4, 6, 8, Gay is just as good as Straight!” It was my first march, and it was quite an experience. The DC police were there to make sure that no one tried to infringe upon our rights to peacefully assemble. All went smoothly, and in my opinion, quite successfully. Official sources estimate the crowd at over 2000 people. Seeing such support for gay rights in our nation’s capital makes me honestly believe that we shall overcome someday! 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. Humphries, Kim 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 Eyewitness Account of Rally Subject The topic of the resource Gay rights Description An account of the resource A student's account of a Washington DC gay rights rally, in protest of Ms. Anita Bryant's attack on gay rights ordinance in Dade County, FL. Creator An entity primarily responsible for making the resource A Mary Washington Student Source A related resource from which the described resource is derived Prometheus Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1977 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 400 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 gay rights LGBT support for gays https://hist299.umwhistory.org/files/original/2864a5d6f3b25e971ba1c11afc967008.jpg b48892c200e331f5bb484aaeec3bcae4 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 Mary Washington "Animals" Throw Toga Bash By CYNTHIA ANDERSON Bare legs, bare arms, bare shoulders, bare feet, and sheets barely covering the essentials graced the throng which participated in Hamel House's TOGA '79 in Seacobeck basement Friday night. In the tradition of National Lampoon's "Animal House," the "Hamsters" threw this fest in order to "let it all hangout." And it did. Prepster togas, adorned with alligators, striped belts, and topsiders were popular fashion items as well as the stranger concoctions: a space toga, which was adorned with a metallic cape and gloves, a prostitute toga with bangle and beads, a western toga topped with a cowboy hate and a striped tie businessman toga. Campus greenery such as ivy leaves, holly, and oak boughs graced the heads of many. The people-to-beer ration was one gallon per person (none was wasted), which helped to get the festivities off to an uproarious start. By stamping, shouting, dancing, and just plain going crazy the crowd mad Thunderbay's last performance a memorable one. The band, consisting of ex-MWC men, found calming the clamor impossible. Hamlet House awarded six-packs of beer to the best dressed in the categories of most formal toga (Ann Osborne), the best all-around toga (Beth Innis), most stylish toga (Buck Waters), and the toga which best exemplified John Belushi, the crude, rude, socially unacceptable star of "Animal House." (Chip Straley won that category hands down.) Being scantly clad in a sheet seemed to break down the throng's inhibitions even more. AVC-TV was on hand to film such antics as line dancing, beer baths, and the acrobatics of flipping over while diving into a trash can. Perhaps there was a unifying philosophy behind partygoers motive while the rallying cheer echoed "TOGA, TOGA, TOGA..." Speaking of philosophy, the festivities were visited by Dr. Van Stant, adorned in a "Fickett For Pro Counsul" toga, along with Ms. Hanna (in pink, complete with Cleopatra For Emperor-person buttons, of course.) Their wraps were awarded an honorable mention. Dr. Kramer also made an appearance. The toga party is not unique to Mary Washington, however. The Washington Post ran a two-page article which explored this phenomenon and stated that there are actual "toga representatives" which go to college to promote the parties and in doing so, promote the movie. TOGA '79, An "invitation only party," brought together just MWC students and their guests, which made the atmosphere familiar and the conditions less crowded, leaving plenty of room to pretzel. Patrick Everett, the Administrative Aide for the House, stated that the party was a success, and there is "a new theme trend in parties, exemplified by Madison's Pajama Keg Party in ACL Saturday night." It seemed as though the student body is looking for more creative names for the mundane title "keg party." The possibilities are endless. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Article Contributor of the Digital Item Person submitting the digital item to the collection. Sanford, Shauna S. 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 Mary Washington "Animals" Throw Toga Bash Subject The topic of the resource College Newspapers Description An account of the resource An article written for the Mary Washington Bullet by Cynthia Anderson detailing the toga party that was hosted by the "Animals." Creator An entity primarily responsible for making the resource Anderson, Cynthia Source A related resource from which the described resource is derived Anderson, Cynthia. "Mary Washington 'Animals' Throw Toga Bash." Mary Washington Bullet, October 3,1979. A16, News Clippings, Box 1, April 19, 1976-October, 1979, Michael A. Mello Papers, 1957-2008, Special Collections, Simpson Library, University of Mary Washington. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1979-10-03 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: 63 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 Animal House College Newspaper Keg Party Mary Washington Bullet toga party https://hist299.umwhistory.org/files/original/46ff4a2cd70db9fac5f78384c2f2da79.jpg 6b027397998f570031e4988fcab04e6f 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 Raid Raises Questions about Law Privileges Subject The topic of the resource Police Raids Criminal Defense Lawyer Description An account of the resource The article discusses the raid of a criminal defense lawyer named William A. Hunter. The raid secured his records and files. The raid was due to federal investigators suspecting Hunter of helping his client launder money. The article discusses the problems with assuming criminal defense lawyers know where their clients income comes from. It also discusses how these raids raise questions on client confidentiality. Creator An entity primarily responsible for making the resource Anderson, Liz Source A related resource from which the described resource is derived Anderson, Liz. "Raid Raises Questions about Law Privileges." Rutland Herald (Rutland, VT), Jun. 15, 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 1995-06-15 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG, 300 DPI Language A language of the resource English Identifier An unambiguous reference to the resource within a given context Raid of criminal defense lawyer Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Rutland, Vermont https://hist299.umwhistory.org/files/original/0b30dc1310043e9df1f04851728ef4cd.jpg 37b0cca63228ea6d6f25cc63810bbe5d 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 The raid by federal investigators on Cavendish lawyer William A. Hunter’s home and office has raised troubling questions for many in the state’s legal community about the sanctity of their offices and how much they are expected to know about the clients they serve. Hunter, 41, is the subject of a federal investigation into whether he helped a client in Windsor launder money through a corporation set up to purchase and renovate real estate. Federal investigators raided Hunter’s home and basement office at 3 a.m. Friday, seizing files on three clients as well as Hunter’s computer equipment. Vermont Law School Professor Michael Mello, who teaches constitutional law and legal ethics, said he believed it was the first raid of its kind in Vermont. The emergency raid was authorized by the U.S. Magistrate Jerome J. Niedermeier after an investigator expressed concerns that Hunter might destroy evidence of criminal activity if alerted to the arrests on Thursday of Hunter’s client and the client’s sister. Hunter has said that equipment seized contains electronic files on many other clients as well as on those subject to the investigation. He said his office was “crippled” without it. Hunter has not been charged in the case and denies any knowledge of any illegal activities on the part Of his client, Frank H. Sargent Jr. Sargent, 26, has pleaded innocent to a federal indictment charging him with cocaine distribution. He is free on an unsecured bond. Hunter said Wednesday he had plans to meet with federal prosecutors some time in the next week and had hired Rutland lawyer Peter Hall to represent him. “As a lawyer I would never advise anyone to deal with an agency that has identified them as a suspect on their own,” he said. U.S. Attorney Charles Tetzlaff said he would not comment on any aspect of the case “as a matter of policy.” [new title: confidentiality concerns] Although lawyers claim a confidentiality when dealing with their clients, there are exceptions under which that confidentiality can be broken. One exception, used in the Hunter search, is if investigators can establish to a judge that they have cause to believe the lawyer’s files contain evidence of an ongoing planned crime. Many lawyers contacted objected to the timing and what they saw as the invasiveness of the raid. Several expressed concern that federal investigators made a claim that Hunter might destroy the files. Several lawyers consulted said a troubling issue in Hunter’s case is the seizure of his computer files and the issues that raises about the confidential relationship between lawyer and a client. A federal prosecutor unaffiliated with the Vermont office participated in the search to advise the investigators on matters concerning private attorney-client files and is charged with reviewing the seized files before delivering them to the Vermont federal prosecutors handling the case. Agents who searched Hunter’s home are under court orders not to disclose anything they saw in Hunter’s confidential files. The same orders will apply to FBI computer analysts charged with reviewing Hunter’s computer system. The search warrant executed at Hunter’s home provides extensive descriptions of how the computer files and equipment are to be handled by agents. It provides for its return within a “reasonable time,” but sets no deadline. David Putter, co-chair of the legal panel for state chapter of the American Civil Liberties Union, said searches have become more complicated by the computer age because it may not be easy to immediately tell which files are pertinent to an investigation and which are not. He said in that vein, the search warrant for Hunter’s office didn’t satisfy him that enough steps were being taken to protect information on clients unrelated to the government’s investigation. Putter said the presence of another federal attorney reviewing the files from Hunter’s office did not provide enough of an independent review for his satisfaction. Vermont defender General Robert Appel said the Hunter case and the seizure of his files may “cause clients to pause before revealing confidences in the future, which in my mind undermines the attorney-client relationship.” Mello agreed. “If my client thinks the feds are going to be able to bust into my home and rifle through my files, then I think that reduces significantly the amount of confidence that my client will place in me when I tell her this is just between you and I,” he said. Mello said the Hunter case had already changed the way he dealt with records in his own home. “I now look at everything in my files and wonder how it will look if it is seized by federal agents,” he said. Putter said that he was also concerned about whether any files were seized pertaining to Vermont Law Week, a weekly review and summary of state supreme Court decisions published by Hunter’s first amendment rights by interfering with his right to publish, he said. Hunter said the files were on seized computers, but said he might be able to publish an issue by early next week if federal prosecutors would give him a copy of his mailing list. He declined to address any First Amendment concerns. [new title: Raids Increasing] Raids on law offices are increasing nationwide and are of growing concern to defense lawyers, according to Frank Jackson, a Dallas defense lawyer who serves as the co-chair of a lawyer assistance committee for the National Association of Criminal Defense Lawyers. “All too often government entities target lawyers as being involved in criminal activities when the lawyer is actually just performing perfectly legal services and comporting themselves in the highest tradition of the bat,” Jackson said. He said clients often keep their lawyers in the dark about their criminal activities and a lawyer may take steps for a client “he deems rather innocuous that in hindsight can be considered criminal involvement by government authorities, and they raid these offices in hopes of confirming their suspicions.” Jackson said such raids threaten the public perception that lawyers’ offices are sanctuaries and have made lawyers frightened of talking on controversial cases. In particular, government prosecutors seem to focus in on lawyers who have been involved with drug cases, Jackson said. In some cases, he said, the government has succeeded in recovering payments made to lawyers by clients using drug money. Jackson said defense lawyers nationwide would likely “have to draw the line and test the power of government” in these situations. [new title: A ’Dicey Issue’] Lawyers also said the Hunter case raised the issue of how much a lawyer is expected to know about the sources of a client’s income. Putter noted that “attorneys don’t generally sit down and ask a client what their source of income is, where they got they money.” Mello said the question of how much a lawyer is expected to know about a client and the client’s finances is an “extremely dicey issue” that he debates with students in his ethics class. He theorized that in the present climate, lawyers are becoming more averse to risk and are more likely to raise such questions with their clients. Jackson maintained that lawyers shouldn’t feel responsible for investigating the finances of their clients. “I would day that if you’re a substantial criminal practitioner you have suspicions of everyone who walks through the door,” Jackson said. “If they walk through to hire you for a criminal citation, you assume they didn’t light a candle at vesper services last Sunday. If we were to assume the money came from criminal activity we would all have to lock our doors right now.” [end page] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) Vol. 135/No. 143 Contributor of the Digital Item Person submitting the digital item to the collection. Riley, Charles 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 Raid raises questions about law privileges Subject The topic of the resource Police Raids Criminal Defense Lawyers Description An account of the resource The article discusses the raid of a criminal defense lawyer named William A. Hunter. The raid secured his records and files. The raid was due to federal investigators suspecting Hunter of helping his client launder money. The article discusses the problems with assuming criminal defense lawyers know where their clients income comes from. It also discusses how these raids raise questions on client confidentiality. Creator An entity primarily responsible for making the resource Anderson, Liz Source A related resource from which the described resource is derived Anderson, Liz. "Raid Raises Questions about Law Privileges." Rutland Herald (Rutland, VT), Jun. 15, 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 1995-06-15 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 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Rutland, VT https://hist299.umwhistory.org/files/original/204aed956b04804aada2a76518a7594f.jpg 6d0f1d4eca027e7ddfc11a75371898cd https://hist299.umwhistory.org/files/original/985c07f1d81966dff36be5a0a9321b10.jpg 5753edd614da6695a4a9284d8023a313 https://hist299.umwhistory.org/files/original/bda501f94636f18686148f9b4d577816.jpg 7fd600142c831c906e40f90e066cf1d2 https://hist299.umwhistory.org/files/original/87dc1ec7990b098cbfa3750c162f3e24.jpg 50139152ca09f8cdf361567711e13a03 https://hist299.umwhistory.org/files/original/fe87881528d5c2a87742ed67bbeead64.jpg b1b0ad0b2971185cd39d9475f4a24947 https://hist299.umwhistory.org/files/original/01131e76dc7cd734ab4dcf2defb1f6fc.jpg b061491d8aaf4db254df82ef6d548499 https://hist299.umwhistory.org/files/original/e4ce7eb943d1d38ec9b311c45bad3e6a.jpg 0ea421190d0883c842cc83b1bf2e59a7 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [title]Executing Justice [title] [subtitle] Vermont Law School Professor Gives Death Row Inmate New Lease on Life [subtitle] [Image of Michael Mello]<o:p></o:p> [Caption] Michael Mello sits in his home office in Wilder surrounded by paperwork he has prepared in the case of Florida inmate Joseph Spaziano and mementos from his life as a death-penalty lawyer and professor. [Caption] They call his client "Crazy Joe" Spaziano. Vermont Law School Professor Michael Mello calls him a friend. He also calls him innocent. For more than a dozen years, ever since he began arguing Spaziano's case as a fledgling public defender, Mello has fought to bring those claims of innocence to light. [Images of Spaziano and Mello] [Caption] Spaziano is shown in a family snapshot (left) before his imprisonment. A later photo (right) shows an older Spaziano in a Florida prison. Spaziano, an artist and longtime member of a motorcycle gang, gave this oil painting to Mello (below) about a decade ago. [Caption]  The case went before 26 different judges and was played out in at least 17 different court hearings. "Not a single judge in a single court ever took a look at the issue of evidence," Mello said. Until this fall. Now, the case Mello calls "too bizarre to work as fiction" may finally be drawing toward an end. Spaziano was recently granted a new trial after nearly two decades on Florida's death row. Sitting on a couch in his Wilder home, clad in a black jersey and jeans, Mello chain-smoked his way through a handful of Camel cigarettes as he told Spaziano's story. The narration rolled his tongue with easy familiarity as he pulled through a carved cigarette holder. Joseph Spaziano, now 50, was born into a working-class Italian family in upstate New York. His "crazy" behavior came, in part, from permanent brain damage he suffered after being hit by a truck at the age of 19. Originally a member of the Hell's Angels, Spaziano joined and ultimately became president of a different gang, called the Outlaws, after moving to Florida as a young man. It was there, in 1973, that an 18-year-old Orlando hospital clerk named Laura Lynn Harberts disappeared. Her decomposed body was found several weeks later in a Seminole County dump. Two years after Harberts' death, police turned their sights on Spaziano, who had a string of criminal convictions on his record- including a recent rape. Spaziano was indicted in September 1975, and convicted at trial in early 1976. No physical evidence ever linked Spaziano to the crime. The key witness, Tony DiLisio, was a teenager who had to be put under hypnosis repeatedly before recalling, in increasing detail, incriminating statements Spaziano allegedly made about the killing. Jurors did not hear about the hypnosis, but reportedly were still concerned about DiLisio's reliability and hence recommended a life sentence. The judge, noting the rape conviction on Spaziano's record, overrode the jury's wishes and gave Spaziano death. Later, the Florida Supreme Court would decide hypnosis was not a reliable way to produce evidence in a case. The ruling came too late for Spaziano. It also was revealed after trial that prosecutors knew of other evidence pointing suspicion away from Spaziano, including a witness who tied a different suspect to the scene of the murder- a man who had failed several lie-detector tests during the investigation. Despite that and more, Florida has five times tried to send Spaziano to the electric chair. If not for Mello, he would probably already be dead. Choosing A Path<o:p></o:p> Mello, now 38, grew up in Virginia, where he saw the play "Inherit the Wind" in high school and was inspired toward a career as either a journalist or a lawyer. Fearing his writing skills would not support the former, Mello said, he pursued a law degree, graduating from the University of Virginia in 1982. His first job turned out to be the one that piqued his interest in capital punishment. Serving as one of the three law clerks for Judge Robert Vance of the U.S. Circuit Court of Appeals in Alabama, Mello found himself assigned to review the judge's capital punishment cases. Mello said he was "a little disappointed" in the assignment "for about the first 20 minutes." Then, he said, he read into the pile and discovered that many death-penalty appeals raise constitutional issues. "By the end of that afternoon I was delighted I was going to be Vance's 'death clerk'," he said. One case in particular from that time period haunts him, Mello said. Ivan Ray Stanley was a retarded man on death row in Georgia of being the right-hand man in "a fairly hideous crime," Mello said. Stanley's co-defendant also appealed but had a better lawyer. When the scales of justice weighed out, Stanley went to his death. His co-defendant remained on death row. "I finished my clerkship with a good deal of liberal guilt not only for my role in the Stanley case but for death penalty cases in general," Mello said. Although he had a lucrative job offer from a private firm, Mello remained interested in trying his hand at death penalty cases in general," Mello said. Although he had a lucrative job offer from a private firm, Mello remained interested in trying his hand at death penalty cases in general," Mello said. Although he had a lucrative jon offer firm a private firm, Mello remained interested in trying his hand at death penalty work. He took a detour from his intended career path and signed on as a public defender in West Palm Beach, Fla., handling death-row appeals for that region. Mello's first death penalty filing was a 1983 legal brief to the U.S. Supreme Court asking it to decide whether it was right for the judge to override the jury's recommended sentence in Spaziano's case. The brief does not bear Mello's name because he had not yet passed the bar examination.  The Supreme Court ruled against Spaziano on the issue, but Mello then began to dig into the case in earnest, meeting with Spaziano's lawyers, speaking with DiLisio and reviewing the evidence presented at trial. At that point, he and his client had not met face-to-face. They first did so in the summer of 1984. In preparation, Mello read the Hunter S. Thompson book "Hell's Angels" to prepare for what he might find. He jokingly described the pair's first Justice <o:p></o:p> Continued from Page 19<o:p></o:p> could avoid the June death warrant." In the face of the new evidence, Chiles stayed the execution for two weeks and ordered an internal law enforcement investigation of DiLisio's claims, The investigation, which the governor then sealed, concluded that DiLisio's change of heart was not reliable. The delay, however, had lasted until the start of the state Supreme Court's summer break, staving off a new execution order until fall. It also gave the Miami Herald time to dig further into the case. “Then they started coming up with all sorts of stuff," Mello said. "Watching a major, big-city newspaper with the resources to investigate the case the way I always wished I had the resources to investigate was a pleasure for me to watch," he said. Media interest in the case snowballed. It was featured, among other places, in newspapers throughout Florida, became the topic of syndicated columns, reports in The Nation, The New Republic, The Economist and a segment of the ABC nightly news. When the Florida Supreme Court returned from summer break in late August, Spaziano's fifth death warrant came out. Mello filed for a new stay of execution. The Supreme Court gave Spaziano a stay on his 50th birthday-Sept. 12. It also ordered a hearing in the case. Mello balked, however, at the fact that he had only days to prepare. He also had just maxed out his last credit card- part of an estimated $15,000 in out-of-pocket expenses he said he had spent on the case. In a brash letter to the court, he refused to go forward. "There was no way on earth I could be ready." The court took his refusal as his resignation from the case. Mello enlisted a private firm to defend Spaziano, who in turn signed on an experienced criminal defense lawyer. The new defense team was allowed more time to prepare for the hearing. After six days of testimony in January, Spaziano won his new trial- a decision Mello had felt was "virtually impossible" so late in the game. Circuit Judge O. H. Eaton Jr. wrote in his opinion that he found DiLisio's recantation credible, and added that without DiLisio's original testimony, "there simply  is no corroborating evidence in the trail record that is sufficient to sustain the verdict." The judge ordered a new trial to begin in late March.  That date, however, has been postponed while prosecutors appeal the new trail order, Mello said. They contend DiLisio has nothing to lose by changing  his story now and is simply seeking publicity. Meanwhile, Spaziano has been moved off of death row and back into the general prison population for the first time since his sentencing. He is no longer confined to a cell most of the day, can place telephone calls more easily and has more ready access to art supplies for cartooning, his hobby and talent.   What Spaziano most wanted Mello to know, however, when he first called, was that he was surrounded as they spoke by seven members of the Outlaws who would protect him in prison.  Mello said Spaziano's ties to the biker group had provided a continuity that had "kept him going."  "He loves those people... and the ones I've gotten to know love him too." In fact, Spaziano had won permission to wear the club's T-shirt if his execution was carried out in the fall. Spaziano has seen 21 people on Florida's death row killed since executions resumed in 1977. "Two or three" of those were friends, according to Mello. He has a 23-year-old daughter and three grandchildren who can't remember when he was not in jail. Question the System Meanwhile, the Vermont lawyer who said Spaziano "is fond of saying that he and I grew up together" has reached a milestone in his own career. He has decided that Spaziano's case will not only be his first death penalty appeal but also his last. "To function efficiently as a defense lawyer in capital punishment as a legal system you need to have more faith and more trust in the judiciary  and the prosecution and the others in the legal system than I have after working on the Joe Spaziano case," Mello said. "The system would have killed Spaziano in a heartbeat. ...If that's how the system treats people who are innocent, then that isn't a system I can continue to participate in good faith." "Lots of people have said to me, "The system finally worked,' and that is so wrong, because the system didn't work-the legal system was forced, kicking and screaming every minute of the way, into doing right in this case," Mello said. Mello said he planned to engage in what he called "conscientious abstention." He will continue to write and speak about death penalty issues, as well as teach a death penalty seminar as part of his course load at the law school. Students in his fall 1995 seminar helped prepare U.S. Supreme Court appeals in Spaziano's case. His book on the capital punishment dissents of U.S. Supreme Court Justices Thurgood Marshall and William Brennan is due out soon. Two other manuscripts are in the works, and he is toying with writing a book about Spaziano's case. "It's a hell of a story," he said. The next step for Spaziano, Mello said, is an appeal of his prior rape conviction- which he contends was also falsely pinned on his client. The same Florida lawyer who handled the January hearing has agreed to take the lead in the rape case as well. If that succeeds along with the murder appeal, Spaziano could be released from prison. Mello said he was considering what would happen to Spaziano then, and had come up with an answer. He gestures with his glasses toward the staircase behind him. "The guest room upstairs," is his answer. A visitor might be inclined to think he's kidding, but he's not. "We've got to get him out of Florida, where every law enforcement officer and every prosecutor will be salivating to nail him again." He said he had no concerns about making such an offer to "Crazy Joe." "I would trust Joe with my life, as he trusted me with his."<o:p></o:p> Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Executing Justice Subject The topic of the resource Spaziano, Joe Capital punishment Description An account of the resource Michael Mello, a Vermont Law School Professor, has a background of working for death row inmates. Creator An entity primarily responsible for making the resource Anderson, Liz Source A related resource from which the described resource is derived Vermonters Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1996-03-14 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 7 jpg 300 dpi Language A language of the resource English https://hist299.umwhistory.org/files/original/a996c376804e7aca5fe2b9b2c0906996.jpg cc014527cbe8a6547e9524496396e168 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 Text Any textual data included in the document The faculty at Vermont Law School offers students a wide variety for legal study. Michael Mello, an Assistant Professor at VLS, brings both extensive research and work experience in the field of criminal law. Having graduated from the University of Virginia School of Law in May, 1982, Professor Mello clerked with the Honorable Robert S. Vance, United States Court of Appeals for the Eleventh Circuit. Following this, Professor Mello worked as an Assistant Public Defender in the Office of the Public Defender, Fifteenth Judicial Circuit. His duties included all facets of capital litigation in state and federal courts in addition to being lead counsel in three capital cases and associate counsel in ten others. While working as Assistant Public Defender, Professor Mello represented death row inmates. His recent publication, “Facing Death Alone: The Post- Conviction Attorney Crisis on Death Row”, 37 American University Law Review 513 (1988), provides a definition of the counsel crisis in the post-conviction process of death row inmates and explores one state’s (Florida) legislative solution. The question of access to the courts in the post-conviction process is a complex one with which Professor Mello is continually involved. Florida’s death row population and the lack of counsel for the condemned became a crisis of epidemic proportions, especially in the mid-1980’s. Consequently, Florida experimented with a resource center known as the Office of the Capital Collateral Representative in Tallahasee, Florida. This agency had a statutory mandate to represent all indigent inmates on Florida’s death row. As Senior Assistant, Professor Mello was lead counsel in approximately 30 death row cases. His duties consisted primarily of crisis litigation in cases with imminent execution dates. Currently, Professor Mello teaches courses in criminal law and criminal procedure as well as a seminar on the death penalty and a section in the VLS General Practice Program on pretrial civil litigation. Professors Mello and Apel are also lead counsel in several capital cases including being principal drafters of the the Brief of Petitioner in High v. Zant, No. 87-5666 in the United States Supreme Court. Professor Mello is enthusiastic about his experience here at VLS and, with his extensive background and interests in criminal law, VLS students have invaluable resource from which to learn. In addition to his busy schedule, Professor Mello will be conducting a Facul-tea on Tuesday, March 14, 1989 at 3:30 p.m. at the South Royalton House. His talk will address the Ted Bundy case, of which Professor Mello is very familiar. All students and faculty are encouraged to attend this seminar. The seminar is a perfect opportunity for students to meet Michael Mello and learn about his interesting background and the many complexities facing our criminal justice system today. Contributor of the Digital Item Person submitting the digital item to the collection. Emma Olson 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 Mello's expertise adds diversity Creator An entity primarily responsible for making the resource Aspland, Tricia Source A related resource from which the described resource is derived The Forum 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 1989-02-17 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 jpg Language A language of the resource English Subject The topic of the resource Mello, Michael Vermont Law School Description An account of the resource This article discusses Mello's criminal justice resume, his fields of expertise and how he is beneficial as a professor at Vermont Law School. criminal justice law school lawyer Michael Mello https://hist299.umwhistory.org/files/original/af978903ba3814b14038dc08185d5deb.jpg ab5560e78a1613bfe3877accdd8d362e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 3, 1995 Text Text Any textual data included in the document TALLAHASSEE - Joseph "Crazy Joe" Spaziano, convicted of the torture-murder of an 18-year-old Orlando woman and the rape of another, has asked to be set free because the main evidence against him is being questioned. Spaziano's attorney asked Gov. Lawton Chiles for a clemency hearing, saying a key witness in the 21-year-old case now doubts his own hypnosis-enhanced testimony. Chiles stayed the execution two weeks ago after newspapers reported that Anthony Dilisio doubts whether his testimony at the 1976 trial was true. Chiles ordered the Florida Department of Law Enforcement to investigate Dilisio's claims. What began as an interview with the Pensacola man has expanded into a full-scale investigation involving dozens of witnesses. The challenge facing Chiles is which Diliso to believe - the drugged-out would-be biker who testified at age 18 that Spaziano showed him Laura Harberts' mutiliated body, or the 37-year-old lay minister who says he can't remember his drug-using days and doubts Spaziano is a killer. Michael Mello, who represents Spaziano, said on Wednesday that the Cabinet should free Spaziano because Dilisio was the strongest element in the two cases. Chiles or any other member of the Cabinet - the attorney general, secretary of state and commissioners of education, insurance and agriculture - could call a clemency hearing. The governor, with tree members of the Cabinet, could commute Spaziano's sentence, pardon him or uphold the sentence. Spaziano last requested clemency in March, but was refused a hearing. In preparing that request, Spaziano's state-appointed attorneys interviewed Dilisio, but he told them he could shed no new light on the case. 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. Schmidt, Heidi Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Killer requests clemency hearing 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 Subject The topic of the resource Spaziano, Joe Dilisio, Anthony Clemency Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Associated Press, "Killer requests clemency hearing" Description An account of the resource Joe Spaziano is seeking clemency after the key witness in the trial doubts his testimony was accurate. Another investigation into the case 21 years later has been authorized by the Governor of Florida. Date A point or period of time associated with an event in the lifecycle of the resource 1997 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, Florida Anthony Dilisio Clemency Florida Joe Spaziano Lawton Chiles Michael Mello murder newspaper stay of execution witness https://hist299.umwhistory.org/files/original/bf3973aa4bcbdae112f27b984c158075.jpg 8dea838a50aa6fbca2c878a857ba8e53 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 3, 1995 Text Text Any textual data included in the document [[Start Page]] TALLAHASSEE-- An agency that finds volunteer lawyers to handle appeals for inmates on death row is closing its doors in anticipation of losing its $1.5 million in federal funding. Tallahassee-based Volunteer Laywers' Post-Conviction Defenders Organization, which recently handled the unsuccessful appeal of Bernard Bolander, has been laying off staff and trying to find attorneys to take over the 50 cases on its books before losing its doors Sept. 30, Matthew Lawrey, the center's co-director said Tuesday. All but eight of the agency's original 23 staff members have been laid off as the center set about implementing a directive from the Administrative Office of the Federal Courts to begin an orderly shutdown. The office formerly called the Resource Center, is one of 20 such centers being shutdown across the nation. Earlier this summer, the Republican-led House Appropriations Committee eliminated the $20 million in funding for the centers that handled the appeals of about half of the nation's 3,000 death row inmates. In a letter to attorney Mike Mello, who represents death row inmate Joe Spaziano, agency co-director Jennifer Greenberg wrote the group will be unable to help in assisting with Spaziano's appeal or with the investigation of issues in his case. Spaziano is scheduled to die Sept. 21. Unlike some other states-- such as Texas -- Florida has a state agency, the Office of Capital Collateral Representative, which also handles death row inmates' appeals. Mike Minerva, head of CCR, said he doesn't yet know how the closing of the lawyers' organization will affect his caseload. "It may leave some clients without counsel," Minerva said. His office said it would be able to handle most of the cases, if it receives additional funding. Some cases, he said, such as those of co-defendants, have to be handled by someone else, to avoid conflict-of-interest problems. Right now, CCR is handling appeals for about half of Florida's 350 death row inmates. [[End Page]] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Huber, Amanda Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Agency that helps inmates on death row to close doors Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-08-30 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Subject The topic of the resource Death row Description An account of the resource In Tallahassee Florida an agency is being shut down that helps inmates on death row. The agency is losing its federal funding and cannot keep its doors open for inmates. Another agency in Florida is going to attempt to take over the caseload. Creator An entity primarily responsible for making the resource Associated Press Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL Florida Death Row https://hist299.umwhistory.org/files/original/f8a2b0cd7fa77fd4569a3b134f422752.jpg d6386fb8cac87487defb43e39c4c9f9b Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Title] Spaziano awaits decision [Author] The Associated Press [Begin article] Tallahassee--An attorney for Joseph "Crazy Joe" Spaziano asked the state supreme court for a chance to prove his client is innocent of the murder sending him to the electric chair in two weeks. A lawyer for the state, however, urged the justices not to stay Spaziano's execution on "mere speculation." After hearing oral arguments Thursday, Florida's high court will make a decision at its own discretion; Spaziano, 49, is scheduled to be executed Sept, 21 for the murder-mutilation of an Orlando woman 22 years ago. During the hour-long hearing, justices and lawyers had exchanges about testimony at a trial held nearly 20 years ago, about judicial procedure, about the role of the state's high court in reviewing capital cases. "The proceeding before us has taken a rather free form," Justice Harry Lee Anstead told Spaziano attorney Michael Mello. "This is the way you have approached this case before the court, and it's obviously causing us considerable difficulty." Mello, a Vermont law professor, has filed hundreds of pages of pleadings before Florida's high court, but he began his presentation by telling justices that all the issues were secondary because his client did not kill Laura Lynn Harberts. The 18-year-old hospital clerk's body was found in an Altamonte Springs dump in August 1973. "I believe that if I had an opportunity to prove Mr. Spaziano's innocence before a jury, he would be acquitted," Mello said. "All I'm asking for...is a stay of execution and the provision of resources." Anthony Dilisio, a key prosecution witness in Spaziano's trial, recanted his testimony earlier this year, prompting Gov. Lawton Chiles to suspend Spaziano's fourth death warrant. However, after an investigation by the Florida Department of Law Enforcement into the recent comments by Dilisio, Chiles said he had no doubts about the case and signed a fifth death warrant last month. Mello questioned the reliability of the FDLE investigation, which the governor has refused to release, as "supersecret [sic] information that supposedly reliable witnesses supposedly told FDLE that supposedly correctly reported to the governor." But Anstead questioned the strength of Mello's appeal before Florida's high court. "I can't imagine new evidence more substantial than a disavowal of the critical testimony by the witness," Mello answered. If Mello had filed the proper motion in trial court, he would have been required to meet two tests, Anstead said. The first test is whether the recanted testimony was substantial enough to undercut Spaziano's conviction; the second is whether the issue should have been raised earlier. Anstead asked Mello if he could have jumped through "those two ordinary hoops." Justice Ben Overton then interrupted the attorney, asking why he had not presented an affidavit from Dilisio recanting his testimony. [end article] [image by photographer Smith, Dede; Spaziano talks about his scheduled execution at Florida State Prison] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper article Contributor of the Digital Item Person submitting the digital item to the collection. O'Neill, Christopher Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Spaziano awaits decision Subject The topic of the resource Capital punishment Spaziano, Joe Description An account of the resource Convicted murderer, Joseph "Crazy Joe" Spaziano awaits decision from Florida Supreme Court regarding his request for a stay of execution. Spaziano is due to be sent to the electric chair in two weeks. His attorney, Michael Mello, argues that Spaziano is innocent, citing faulty testimony from Florida Department of Law Enforcement. Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Associated Press. "Spaziano Awaits Decision," The Gainesville Sun, September 8, 1995 Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-08 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 jpg 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, Florida capital punishment Florida Supreme Court Joe Spaziano https://hist299.umwhistory.org/files/original/17c48e56a324068391151f0c889be03c.jpg 922bb9a29050657cbf1478dc99557551 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Heading] The Gainesville Sun, Tuesday, September 12, 1995 Lawyer for Death Row inmate seeks more time to make case The Associated Press [Start of the first column] Tallahassee – The lawyer for Joseph “Crazy Joe” Spaziano wants more time than a week to show why this client is innocent of the murder that has him scheduled for execution in two weeks. Michael Mello, a Vermont law professor representing the former Outlaws motorcycle gang member, said he filed a motion in a Central Florida trial court Monday asking for more time. Mello filed similar motions over the weekend to the state Supreme Court and plans to turn to the U.S. Supreme Court later this week. But whether or not the courts give him an extension, Mello said he will not attend a hearing set for Friday because of the rush. Spaziano, 49, is scheduled to die in Florida’s electric chair 7 a.m. Sept. 21 for the mutilation-murder of an 18-year-old Orlando woman in August 1973. Retired Circuit Judge Robert McGregor, the judge who sentenced Spaziano nearly 20 years, scheduled a hearing for 9 a.m. Friday in Sanford into Spaziano’s claims he was wrongly convicted because the key prosecution witness lied. [end of first column] [start of the second column] Late last week, the state Supreme Court ordered the lower court to hold the hearing by Friday. At the same time, the high court refused to postpone the scheduled execution. At the heart of Spaziano’s appeal is Anthony DiLisio, who told jurors in Spaziano’s trial that Spaziano had taken him to an Altamonte Springs dump where the body of Laura Lynn Harberts was found. Earlier this summer, DiLisio, who now lives in Pensacola, recanted his testimony, prompting Gov. Lawton Chiles to call off an execution scheduled for June and to order the Florida Department of Law Enforcement to investigate. Last month, Chiles said the results of the FDLE investigation settled any doubts, and he signed a fifth death warrant. Mello said if Friday’s hearing is not delayed and does not result in a stay of execution, he will file one final request for clemency to Chiles before the execution. Also Monday, the state office charged under the law with representing indigent death row inmates filed a motion to the state Supreme Court asking for a stay for Spaziano and clarification of its role. Mello said Spaziano has refused to allow the office to be involved, but the high court said Friday the state office was required to provide Mellow with assistance. [end] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Hunnel, Debi Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Lawyer for death row inmate seeks more time to make case Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Subject The topic of the resource Capital punishment Clemency Description An account of the resource Mello files for stay of execution for Joseph Spaziano. Prosecution witness recants testimony. Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Gainesville Sun. "Lawyer for death row inmate seeks more time to make case." Gainesville Sun, September 12, 1995 Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-12 Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Gainesville, FL Clemency stay of execution https://hist299.umwhistory.org/files/original/33ac3845dffbdd566ca8f08d02a32fc9.jpg 6bd97e668bae387ca3092b91edf449c8 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 5 Text Text Any textual data included in the document Thursday, July 31, 1997 Valley News Dean’s Court Comments Draw Fire Associated Press MONTPELIER (AP) – Gov Howard Dean’s continuing criticism of judges is off the mark and reflects a lack of understanding about the court system, say several lawyers and constitutional experts. “Dean is just ignorant. I don’t think he understands what judges ought to do,” says Micheal Mello, a Vermont Law School professor who teaches advanced courses in constitutional law. “He perceives the Supreme Court as being broken in some way and sees himself on a mission to fix it.” “That is pure, ignorant, political demagoguery,” he said.  Dean, who has now made two appointments to the five member Supreme Court, has said the direction of the court needs to be “changed dramatically.”  “I’m looking to steer the court back towards consideration of the rights of the victims,” Dean said three weeks ago in a radio interview with Bob Kinzel of the Vermont News Service. “I’m looking to make it easier to convict guilty people and not have as many technicalities interfere with justice.” Asked if that reflected a “get-tough-on-crime” approach, Dean responded: “My beef about the judicial system is that it does not emphasize truth and justice over lawyering. It emphasizes legal technicalities and rights of the defendants and all that.” Such comments may play well with the general public ,but they have sent a chill through the collective spine of lawyers – particularly defense lawyers – around the state.  Throughout his six year tenure, Dean's public chiding of the judiciary has led many lawyers to question the doctor- governor's grasp of constitutional law. In their eyes, Dean views the protections contained in the Bill of Rights as mere “technicalities.” As Mello sees it, the rights that Dean sees as “technicalities” are there to preserve the rights of all citizens, including citizens accused of crimes, to be free from government intrusion. “These are not technicalities. In my view, any lawyer who said that would be speaking irresponsibly,” said Mello. “I am not a doctor, and I would not take it upon myself to tell Howard Dean how to practice medicine.” “I don't think he has any regard for any process that gets in the way of what he wants to accomplish,” said Leighton Detora, a Barre, Vt.,  lawyer who said he was once a supporter of the governor, but is no longer. “He’s a doctor, and as such, he has all the learned responses to the legal profession – that we are just out here and lawyer’s jobs are to make things more complicated. “In his own arrogance, I think somehow he thinks he has a lock on truth and wisdom,” said Detora, who is president-elect of the Vermont Trial Lawyers Association. He stressed that he was speaking only on his own behalf. Defender General Robert Appel says he does not share the governor's view that the Supreme Court has gone too far in weighing a defendant's rights. “I would say it is a fundamental difference in perspective between me and my boss,” said Appel. “I don’t think our Supreme Court or, any appellate court, lightly reverses a criminal conviction.” 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. Henle, Justin Student Editor of the Digital Item Van Doren, Jamie Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Dean's Court Comments Draw Fire Description An account of the resource Reporting on the critical comments of Vermont governor Howard Dean towards the state Supreme Court and judicial system pertaining to defendants rights. Critics from law backgrounds comment on the governors stances and comments. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1997-07-31 Language A language of the resource English Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Associated Press. “Dean’s Court Comments Draw Fire.” Valley News. Montpelier, July 31, 1997. Subject The topic of the resource Vermont--Supreme Court Vermont--Politics and government. Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Montpelier, Vermont. https://hist299.umwhistory.org/files/original/031a13792b85d00d5a2d3bdc28472a93.jpg b2b2df1a8d9897b9af9c4ea49d234367 https://hist299.umwhistory.org/files/original/40bc7cd0816311755730b618e6a3d82e.jpg e251e3756dd6b05ce3054638d01b30ab Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 5 Text Text Any textual data included in the document [Heading]Hunter: ‘Not Guilty’ 11 Times [Subheading]Judge Set Trial Date For Aug.18 By Ed Ballam Valley News Staff Writer [start of the first column] BURLINGTON- In a clear, firm voice, Will Hunter pleaded innocent yesterday to 10 counts of mail fraud and one count of bankruptcy fraud during an arraignment on the charges in U.S District Court. With his wife and 3-year-old son seated behind him, Hunter- who appeared in federal court before U.S District Court Judge William Session- said “not guilty” 11 times in a voice that resounded through the courtroom each time Sessions asked for his plea. William A. Hunter IV, 43, of Cavendish, was indicted on the charges July 8. A 24-page indictment, handed up by a federal grand jury, alleged that Hunter, a lawyer, misappropriated tens of thousands of dollars of law clients’ funds for his personal benefit in fraudulent transactions between 1993 and 1996. Sessions released Hunter on personal recognizance bail and set trial for Aug. 18. Sessions did not honor a request by Assistant U.S Attorney Paul V. Vande Graaf, who asked the judge to prohibit Hunter from holding any third-person trust accounts as a fiduciary agent. Hunter’s lawyer, Peter Hall of Rutland, objected to request, indicating that Hunter is a trustee of a number of trust funds. In some cases, he said, it would be a hardship for the people he assists to find new trustees. Van de Graff told Sessions that at least one of the trust funds Hunter manages is the source of one of the criminal fraud charges against him. He said the owners of the trust funds may misunderstand the charges against Hunter. Sessions ordered Hunter to obtain written waivers within the next 10 days from each of the clients he serves as trustee, outlining the responsibilities as trustee. He is to file the waivers with the court. Sessions also imposed many of the standard conditions of release in federal arraignments, including that Hunter restrict his travels to the continental United States, maintain his residence in Cavendish and not (Continued on page A5) -Hunter [end of first column] [image] Valley News- Medora Hebert [caption] Will Hunter of Cavendish and his attorney Peter Hall talk to the media outside U.S. District Court in Burlington after Hunter pleaded not guilty. [start of second column] (Continued from page A1) imbibe alcohol excessively or take illegal drugs. Hunter also allowed Hall, a former assistant U.S Attorney, to file his appearance in the case, for the arraignment only, and reserved the right to have a different lawyer represent his case. In a brief interview after the arraignment, Hunter declined to comment on whether he plans to represent himself in the fraud case, but said it would be within his rights to do so. Hunter, a graduate of Harvard Law School who is a former Rhodes Scholar and state senator, practiced law for more than 10 years before voluntarily surrendering his license in January 1996 during an investigation by the Professional Conduct Board of his law practice. Hunter is appealing to the Vermont Supreme Court a recommendation by the conduct board that his license to practice law be suspended for three years. The Supreme Court’s decision is pending. During a brief news conference in front of the federal court building after the arraignment, Hunter declined to talk about the specifics of the chargers. He also declined to talk about who will be handling the case on his behalf. “We’ll be ready for trial on August 18, if that’s when the trial is going to be held,” Hunter said. “… One of the greatest things about the justice system is I’m innocent until I’m proven guilty.” Hunter excused himself at one point during the [end of second column] [start of third column] news conference to take his 3-year-old son, Sammy, to play in the public fountain down the street from the courthouse. Hall said during the news conference that the charges, the product of an investigation that lasted more than two years, are not the ones for which the U.S Attorney’s Office was granted a search warrant when Hunter’s home and law office were searched at 3 a.m. on June 9, 1995, by federal authorities who were looking for evidence supporting the allegations that Hunter laundered money from drug trafficking. That allegation was contained in affidavits filed before the search. Hunter, however, has not been charged with that offense. “There was not a basis for the underlying investigation,” Hall said. “…The charges are what they are and we entered a full-force not guilty.” Hunter’s wife, April Hensel, read a letter, dated Sunday, to U.S. Attorney General Janet Reno, in which Hensel asks Reno to investigate “the manner in which the matter of my husband has been handled by the United States Attorney’s office and the Drug Enforcement Administration.” Reading from the letter to Reno, Hensel said the indictment against her husband is a “face saving move by my government, taken after the investigation failed to produce evidence that would support the original charges and after the government decided it would not admit its mistake in light of the media attention that had been given to this case.” Assistant U.S Attorney James Gelber, who also [end of third column] [start of fourth column] sat in during yesterday’s arraignment hearing, deferred all questions to U.S. Attorney Charles Tetzlaff, who did not attend the arraignment, but did sign the indictment. In a brief interview outside his office in the same federal building after the arraignment, Tetzlaff said he would not comment on “why we bring charges and why we do not bring charges.” Tetzlaff also declined to comment on the specifics of the case, or what Hunter allegedly did with the money the government says he misappropriated. “The evidence will reflect the exact dollar amount used for the benefit of Mr. Hunter,” Tetzlaff said. In interviews last week, Tetzlaff said the indictment alleges a complex shuffling of money where trust fund accounts were “commingled” and embezzled for Hunter’s personal benefit. Yesterday, Tetzlaff said the “most (clients) have been repaid,” but declined to say how many people may have lost money or how much money is missing. “The system will do it’s job,” Tetzlaff said. In response to questions from the media, Tetzlaff said he would not comment on whether Reno, who was in Burlington Saturday to help the Vermont State Police celebrate its 50th anniversary, was consulted regarding the Hunter case and whether she had input on which charges were filed against Hunter. “I would have no comment on how we do things here procedurally,” Tetzlaff said. [end of article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Ryan, Briana 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 Hunter: 'Not Guilty' 11 Times Creator An entity primarily responsible for making the resource Ballam, Ed Source A related resource from which the described resource is derived Valley News Newspaper Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1997-07-15 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 2 JPGs 300 DPI Language A language of the resource English Subject The topic of the resource Mail fraud Description An account of the resource William A. Hunter is charged with 10 counts of mail fraud and 1 count of bankruptcy fraud. Hunter pleads not guilty to all charges. Hunter's lawyer, Peter Hall, argues that these charges are being brought because the U.S. District attorney's office failed to find evidence that Hunter laundered money relating to drug trafficking. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Burlington Mail Fraud William A. Hunter https://hist299.umwhistory.org/files/original/3be1d52e3e91ccb0bcc02b2df92666ec.jpg a1f3d6f00c2c3d191b5f7c407dcb3f83 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 Death Row Inmate Wants To Study Law Creator An entity primarily responsible for making the resource Barlow, Rich Publisher An entity responsible for making the resource available Valley News Format The file format, physical medium, or dimensions of the resource 1 jpg Language A language of the resource English Description An account of the resource Convicted killer Joe Giarratano hopes to elude Virginia's electric chair and study law in Vermont. Subject The topic of the resource Death row, Vermont Law School Source A related resource from which the described resource is derived University of Mary Washington Libraries Date A point or period of time associated with an event in the lifecycle of the resource Saturday, November 25, 1989 Rights Information about rights held in and over the resource University of Mary Washington Libraries Identifier An unambiguous reference to the resource within a given context Vermont Law School Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Vermont Law School Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document SOUTH ROYALTON- Convicted killer Joe Giarratano hopes to elude Virginia’s electric chair and study law in Vermont. That’s fine with Vermont Law School Assistant Professor Michael Mellow. Mello and others (pro-death-penalty columnist Jack Kilpatrick among them) doubt that Giarratano stabbed to death his two lovers- a mother and daughter- in 1979. Mello has invited Giarratano, a one-time suicidal drug addict who reformed himself into an accomplished amateur lawyer, to apply to Vermont Law if he’s sprung from death row. The University of Virginia wants him too. “Vermont’s where I want to go.” Giarratano, 32, said by phone from the Mecklenberg state prison, where he’s awaited death for 10 years. He probably can’t get into Vermont Law- he has no college degree, which the school requires- but the state permits anyone to study law under an attorney and take the bar exam. “That’s how Thomas Jefferson got his law degree,” Giarratano said. CBS, ABC and the Virginia media have investigated his case. MASH actor and activist Mike Farrell was to meet with him: even conservative Sen. Strom Thurmond has asked for a retrial, Giarratano said. “Amnesty International is sort of making his case the poster-child case for this issue,” said Mello. “It’s got all of the sort of star qualities that the media seems to be looking for. He’s bright, articulate, and most likely innocent, (got) terrible representation at trial.” Mello, a death-row lawyer who worked on mass murderer Ted Bundy’s case, met Giarratano last year, when both fought for the right of condemned inmates to have lawyers represent the in post-conviction appeals. The two briefly worked together on Murray vs. Giarratano, which challenged Virginia’s failure to provide lawyers; the U.S. Supreme Court turned Giarratano down but remanded the case to the lower courts. “His level of sophistication as a litigator is higher than most litigators I have known. His instincts are awesome,” said Mello. “He insisted on being treated…as lead counsel in that case. The discussions that I had with him about court strategy, court politics, which justices we needed to aim the beliefs at least equal, and frankly some of his judgements were better than mine.” Will he get out? “Politicians all across Virginia are calling for a retrial or a pardon,” said Giarratano. “I’ve had more hope now than I’ve had in a long time. Everything’s snowballing. He first confessed to the 1979 murders but has recanted. Kilpatrick writes why he doubts Giarratano’s a slasher: Giarratano was in a drug-and-booze haze the night of the killings and only remembers seeing the corpses in the apartment he shared with the women. His four written confessions-the only real evidence against him, Kilpatrick says-had discrepancies him, Kilpatrick says- had discrepancies, indicating police may have used leading questions to get them. New evidence shows a right-handed man stabbed the mother. Giarratano is a lefty with a nerve-damaged right hand. There were bloody footprints at the scene but no blood on Giarratano’s soles- just a spot on his shoe, which matched the daughter’s blood type, but was never matched with the mother’s. How’d he beat years of substance abuse to become headhunting material for law schools? “When I was arrested and wound up here in the prison on death row, all the drugs stopped, “he said. “Once all the drugs were out of my system, and (after) hundreds of hours of counseling…I just seemed to get my head screwed back on straight. “In order to keep my mind off doing myself in or forcing the guards to do me in, I struck my face in a law book,” He won a case to improve conditions at Mecklenberg- not for humanitarian reasons, he admits, but to flog the prison administration: “This was a way of getting back at the Man.” After further reading- legal books, The Federalist Papers- “the whole spirit behind that just really hit home,” and he plunged into the law. Some death-row inmates can articulate what it’s like to await the executioner, while others can understand complex legal issues, Mello said; Giarratano’s special because he can do both. Both men contributed essays to a recent book about the death penalty; Giarratano describes his final talk with a prisoner friend about to be executed: “As I lifted the phone to my ear and heard my friend’s voice, I didn’t know what to say. Other that quick hellos, our conversation consisted of a few scattered questions tied together with long silences. I could feel the tears leaking from my eyes as the hopelessness overwhelmed me. I wanted to tell Mike to fight the guards until the last second- to take some of them down with him- but all I could say was “I love you, my friend. I’m sorry I can’t stop this.” Mike’s reply still rings in my ear: I’ll be fine. Joe. You know that I’m going home. Please don’t do anything that you might regret later. You have to forgive them.” “Walking back to my cell, I could barely move- it felt as if every muscle in my body were cramped. I could hear the guards asking me questions, but I knew that if I responded, my hatred would spew out at them. I felt the helplessness and hopelessness in the pit of my stomach- I wanted to pull my friend back. It wasn’t until later that I noticed the blood on my wrists where the cuffs bit into my flesh. I tried to pull Mike back, and I couldn’t.” 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. Sartori, Joe 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 Death Row Inmate Wants to Study Law Subject The topic of the resource Death row Description An account of the resource Convicted killer Joe Giarratano hopes to elude Virginia's electric chair and study law in Vermont. Creator An entity primarily responsible for making the resource Barlow, Rich Source A related resource from which the described resource is derived Valley News Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1989-11-25 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG Language A language of the resource English Identifier An unambiguous reference to the resource within a given context Vermont Law School Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Vermont Death Row Law https://hist299.umwhistory.org/files/original/57d2021c5fc3f66f18bd96fda50be466.jpg 1c0501f5d843d6cd398d8cbdad45a81a https://hist299.umwhistory.org/files/original/41b4f1a825dde81ea086493806645d39.jpg b690447292c8949178aff58412dbe686 https://hist299.umwhistory.org/files/original/ef6587ffa22d3ebc1a990a8143a8c8e9.jpg a0b8281ccf33e6ff5a708d9015646460 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 [image - Anthony Dilisio] [image caption - Anthony Dilisio was 16 when he testified against Joseph 'Crazy Joe' Spaziano. His testimony helped send Spaziano to death row. Dilisio said he's no longer sure what he saw 20 years ago.] [end page] [start page] A Pensacola man who recanted 20-year-old testimony that put a man on death row said that he's been overwhelmed in the past week by media and criminal investigators intent on hearing his story. But Anthony Dilisio, an upholsterer and car restorer who's lived here for seven years, said he doesn't feel responsible for the conviction of Joseph Spaziano. Nor does he feel guilty because Spaziano spent two decades in prison waiting to be executed for the murder of an Orlando woman, Laura Lynn Harberts, 18. "I did what I felt was right, this was a life-and-death situation," said Dilisio, 37, a born-again Christian who was 16 when he testified against Spaziano. "I was a child, I've put my childish ways behind me." Gov. Lawton Chiles last week stayed Spaziano's execution, scheduled for Tuesday, after viewing a videotape of the recantation. Dilisio said Thursday: "I don't know if Joe Spaziano is guilty or innocent. One thing I do know is there was a young child manipulated." The case has captured national attention because Spaziano, 51, has been on death row longer than all but eight of Florida's more than 350 condemned. Also, Dilisio implicated Spaziano while under hypnosis -- a practice since out- See RECANTED, back of section [end page] [start page] lawed in Florida because experts believe it's too easy for police to suggest things to hypnotized witnesses. The Florida Supreme Court ruled in 1985 that hypnosis-induced testimony could no longer be used in court cases. Dilisio said that since authorities learned that he wasn't sure of what he saw in 1973, he's the one who's been under scrutiny. "It's almost like they're investigating me,” he said in an interview Thursday. He’s learned that investigators have interviewed his entire family since his claims were first made public June 11. When police approached Dilisio about the slaying, he was in a juvenile detention center. He had been friends with Spaziano, known as “Crazy Joe,” who headed the Orlando chapter of the Outlaws motorcycle gang, and told police that Spaziano bragged to him of the killing. After his court testimony, Dilisio fled to California. He moved to Pensacola in 1988 and has lived in a one-story brick bungalow at the dead-end of a street on the north side for at least four years Friendly handyman Neighbors describe Dilisio, who they call Tony, as the street’s friendly handyman. He fixes their cars, uses his riding mower to cut grass for those who need help and is always ready for small talk. No one had any idea he’d been mixed up in a murder case. “I can’t say anything negative about him,” said neighbor Brenda Qualls, who, like Dilisio, attends Brownsville Assembly of God. “He’s such a nice person, friendly, if you need help with something he’ll be glad to help you.” Most on the street like watching his progress as he restores classic cars, which line his well-tended front lawn. No bodies In his murder trial testimony in Orlando, Dilisio said Spaziano took him to a dump and showed him two bodies. One was identified as Harberts, a medical technician. The other was so decomposed it couldn’t be identified. Now, “Anthony can’t remember everything,” said Kelly McGraw, one of his Pensacola attorneys, “But he does remember he didn’t see the bodies.” Last week agents from the Florida Department of Law Enforcement videotaped an interview with a Miami Herald reporter. Local FDLE officials would not comment. Tallahassee officials could not be reached Thursday. Dilisio’s lawyers say they don’t know what will happen next, legally. Neither does Spaziano’s attorney, Michael Mello of White River Junction, Vt. Without Dilisio, “the state had no case against my client,” Mello said in a telephone interview. Dilisio, clearly a man feeling pressured, underwent a barrage of media interviews Thursday – including one with ABC News. During an interview in his lawyer’s office, his voice quavered and he deflected most personal questions. He wouldn’t sit down. “All I want to do is let justice prevail,” he said. “I’m taking one of these,” he said, picking up a pack of cigarettes from a desk in his lawyer’s office. He swears he’s quit smoking, but he took a few drags, then gave the cigarette away. Born again Dilisio, a born-again Christian for the past 15 years, said he first wrestled with guilt about his earlier testimony – “I thought I did something wrong.” But now he said, God is guiding him, and led a Miami Herald reporter to his doorstep. It was a while talking to the reporter, Lori Rozsa, three weeks ago that he realized he didn’t really remember seeing what he testified to decades before. “I just kept feeling like it was the Holy Spirit,” he said. Thursday he was afraid the media would mock him. “Here’s trash that waited 20 years to come forward,” he said, sneering. “It took a lot of courage to stand up.” Spaziano’s lawyer is bitter. “This is my last capital case. What kind of a lawyer am I?,” Mello said. “I’ve been defending this innocent man for 11 years and it took the Miami Herald to stay the execution.” ---------------------------------------------------------- News Journal reporter Winnie Hu contributed to this report. 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. Tolbert, Carson Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Pensacolian halts man's execution Subject The topic of the resource Pensacola (Fla.). Police Department Hypnotism Law and legislation Description An account of the resource Anthony Dilisio, a car upholsterer and restorer, recanted a twenty year old testimony made on May 13, 1975 that placed Joseph Spaziano on death row for the murders of two people in 1976. At the time of the testimony, Dilisio, then a sixteen year old, was under the influence of hypnotism administered by the Pensacola Police Department. Hypnotism has since been made illegal due to the chances of hypnotic suggestion by those in control of the process. Creator An entity primarily responsible for making the resource Barnes, Brad Source A related resource from which the described resource is derived "Pensacolian halts man's execution," News Journal, Brad Barnes Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Format The file format, physical medium, or dimensions of the resource 3 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Pensacola, FL Date A point or period of time associated with an event in the lifecycle of the resource 1996 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. https://hist299.umwhistory.org/files/original/6f4b45068640818d40a33d967d219c33.jpg c440d58ba691144356781d864790a458 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Header] Florida Supreme Court grants Spaziano a stay of execution By Brad Barnes News Journal Staff Writer [[start article]] On Joseph “Crazy Joe” Spazian-o’s 50th birthday, the Florida Supreme Court announced he will not be executed as planned next week, because his attorney refused to cooperate with state lawyers. “I had the real pleasure of telling Joe about the stay, which he thought of as his birthday present from me,” said Spaziano’s attorney Michael Mello. “Isn’t that just pure Hollywood?” It is the fifth time Spaziano has dodged a death warrant for the 1973 murder of Laura Lynn Har-berts, an 18-year-old Orlando hos-pital worker. Spaziano’s fourth stay was granted in June, after Tony DiLi-sio, 37, of Pensacola told authori-ties in June his damning testi-mony against Spaziano 20 years ago was coerced by police. “He asked me to send his thanks and his love to Tony DiLisio,” Mello said. “Joe was very, very impressed and grateful that Tony had the guys to stick his neck out the way he did in this.” After an investigation, Gov. Law-ton Chiles rejected DiLisio’s claims and signed a new warrant, scheduling Spaziano’s execution for Sept. 21. But Tuesday the high court said a indefinite stay was required be-cause Mello has refused to cooper-ate – despite a court order – with a state agency ordered to investi-gate a new Spaziano appeal based on DiLisio’s recanted testimony. Mello refused to send his files to Capital Collateral Representative, a state agency that represents death row inmates. Tuesday’s ruling extended the deadline for the hearing to Nov. 15. In the ruling, the court said that decision by Mello indicated he [[Photo]] [caption] Associated Press. Michael Mello, above, has won a stay of execution for his client, Joseph Spaziano. [end caption] had effectively withdrawn as Spa-ziano’s attorney. The court said it was aware Spaziano is opposed to the agency being involved in his case. “Spaziano is faced with a choice,” the court wrote, saying it was up to him to be represented by CCR, a competent volunteer attorney, or no one. But Mello still considers himself Spaziano’s lawyer. “I do, and so does Joe, and so does his family,” Mello said. [[end article]] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Marshall, Alec Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Florida Supreme Courts grants Spaziano a stay of execution Subject The topic of the resource Capital punishment Description An account of the resource This article is about a stay of execution granted by the Florida Supreme to Joe Spaziano after Michael Mello refused to send his paperwork to state lawyers. Creator An entity primarily responsible for making the resource Barnes, Brad Source A related resource from which the described resource is derived Pensacola News Journal Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-09-13 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Language A language of the resource English capital punishment death penalty Death Row Florida Joe Spaziano Mello Michael A. Mello Spaziano https://hist299.umwhistory.org/files/original/33ee5cd1dcec9d0fd9dfe8050747442a.jpg eee50c05e1711378e9303802b86017d2 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The two Crazy Joes Subject The topic of the resource Spaziano, Joe Description An account of the resource Joe "Crazy Joe" Spaziano became a point of interest for two magazines: The H Creator An entity primarily responsible for making the resource Barstow, David Source A related resource from which the described resource is derived Barstow, David. "The two Crazy Joes." St. Petersburg Times, February, 1996. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1996-02-25 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 5 JPGS Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant St. Petersburg, FL Identifier An unambiguous reference to the resource within a given context Text Item Type Metadata https://hist299.umwhistory.org/files/original/1227e9b787a87555970c8164277ab644.jpg a07efcdc14236e16f7a4adf302f39299 https://hist299.umwhistory.org/files/original/294137f3e8f0cdc3f6bc328be0c3bb87.jpg 8bffce3d3f823e98e2b269eff7945681 https://hist299.umwhistory.org/files/original/936ffa4a531b2c7ced6fad400516e0ba.jpg 36b4083ccae5a6940abf2528c3945be7 https://hist299.umwhistory.org/files/original/4a4e277632e9b3c12f99853da7851ec9.jpg 56bcecb7b7556a04e5850e5fc6c3a21e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Page One] [Title] The two Crazy Joes [Photographs of Joseph Spaziano during his first trial and one of his appeals to court] [Caption] Two photographs, one man. As different as Joseph “Crazy Joe” Spaziano looks in these pictures is about as different as the coverage of his case in the Miami Herald and the Orlando Sentinel. [Page Two] [Column One] With the help of God and the Miami herald, we’ll cross the finish line together. And alive. And free. Attorney Michael Mello, in a letter to his client, death row inmate Joe Spaziano The Sentinel will write whatever it wants, and if another (death) warrant comes, your blood will be on their hands. Mello, in another letter to Spaziano Last summer, two newspapers—the Miami Herald and the Orlando Sentinel—set out to do the same thing. Each dedicated itself to finding The Truth in the case of Joseph “Crazy Joe” Spaziano, the Outlaw biker condemned to death 20 years ago for the murder of a young Orlando medical clerk. Each produced a stream of news stories based on standard reporting techniques: digging up records, tracking down witnesses, pumping sources, talking to key participants. But a strange thing happened on the trail to truth. In eight months of compelling coverage, as execution dates came and went, the two newspapers arrived at separate truths about Crazy Joe’s case, truths as incompatible as life and death. The Herald found in Spaziano a pathetic victim of injustice. The Sentinel found a “dead-eyed” rapist-killer. The Herald found shabby evidence, shaky witnesses and a lead detective who drove around the countryside in a squad car with a psychic holding a skull in her lap. The Sentinel described incriminating evidence, unshakable witnesses and a former Outlaw enforcer called Gatemouth who said Spaziano bragged that sex was best after a killing. The Herald found a guild-ridden prosecution witness who had motives to lie 20 years ago but now [End of First Column] [Beginning of Second Column] wanted to set the record straight? The Sentinel described the same witness as a troubled flake with reasons to spring forth with a bogus recantation. This extraordinary divergence was neatly summarized in headlines on editorials last month, when a judge ordered a new trial for Spaziano. The Herald: “Justice Awakens.” The Sentinel:”Justice Clearly Cheated.” How could two newspapers—both pro-death penalty and each committed to the truth—see the same case so differently? The coverage was shaped by forces unseen by readers. These newspapers pursued different questions and were driven by different ideas about the proper role of journalism. Their coverage was molded by ego and instinct. Stories were affected by reactions to what the other newspaper was writing, and by the manipulations of a few key sources. Coverage was even affected by one reporter’s premature delivery of a baby and another reporter’s childhood memories. The stakes were high: Either an innocent man was about to be executed, or a murderer was going to beat the system. “I think they were both zealously going after the truth, or what they perceived to be the truth,” says Ron Sachs, a former reporter who until recently was Gov. Lawton Chiles’ spokesman. ‘And I have no doubt in my mind that they were guided and motivated by pure altruism. That doesn’t mean they got closer to the truth. Both papers wrote accurate stories—factual stories. “But this was a classic example of how you can vigorously pursue a particular viewpoint and generate the facts to support your viewpoint. “The trouble is, at least one of these great newspapers is probably wrong.” Please see CRAZY JOE 8a [Heading] Crazy Joe from IA [Page Three] [First Column] Early last May, Michael Mello nervously dialed the number of Gene Miller, an editor at the Miami Herald. They knew each other by reputation alone. Mello teaches law in Vermont. He also represented death row inmates, including Spaziano. Mello usually avoided the media and confined his advocacy to the strict procedural rules that govern death penalty appeals. But this case was different. Of the 70 men he had represented on death row, Spaziano was the first Mello thought truly innocent. With appeals exhausted and the hour of execution drawing near, Mello decided to approach the Media. It was the first such phone call he says he had ever made. Gene Miller is a legend in journalism circles. He has built a career crusading against miscarriages of justice. His first Pulitzer Prize, in 1967, was for stories that cleared two convicts of murder they did not commit. His second Pulitzer, in 1976, came for reporting that led to the release and pardon of Freddie Pitts and Wilbert Lee, sentenced to death for murdering two Panhandle gas station attendants. Plenty of people want Miller to crusade for them, but he thinks most “innocent-man” claims are baseless. When Mello called and asked him to review Spaziano’s case, Miller agreed—expecting that he would take a quick look and toss it aside. But his interest surged when he saw Joe McCawley’s name in Mello’s records. McCawley was the discredited hypnotist who some say implanted false memories in a key witness in the Pitts and Lee case. Here he was again in the Spaziano case, and his role was even more prominent. Police had no eyewitnesses or physical evidence tying Spaziano to the murder of 8-year-old Laura Lynn Harberts. Her body left to rot in a dump, was too decomposed to even determine cause of death. The sole evidence linking Spaziano to the murder came from a troubled 17-year-old who, under McCawley’s hypnosis, said Spaziano had taken him to a dump to show off the body. The teenager, an Outlaw wannabe, also said Spaziano bragged of mutilating Herberts’ genitals with a knife while she was alive—testimony that sealed a death sentence for Spaziano. Miller asked Miami polygraph examiner Warren Holmes to read Spaziano’s trial transcripts. Holmes had worked with Miller in most of his big miscarriage-of-justice stories. Miller considers Homes “a man with a ruthlessly logical mind” and “a superb homicide interrogator.” Holmes told Miller it was obvious that the 17-year-old lied in his testimony. He didn’t even get basic details of the crime scene right. [End of First Column] [Beginning of Second Column] Without conducting a single interview, Miller decided Spaziano was probably innocent. He was appalled that testimony induced by hypnosis—a practice since barred from trials as unreliable—would be enough to send a man to the chair. Yes, the highest courts in the land had blessed the fairness of Spaziano’s trial, including the hypnosis. To Miller, that still didn’t make it right. In Miller’s aggressive brand of journalism, the reporter’s mission is to find the truth and then persuade others to do something about it. When the clock is ticking on a man’s life, that can mean stepping outside the ordinary boundaries of Joe Friday “just the facts, ma’am” journalism. It can mean taking a side and advocating a position. It can mean lobbying a governor in person (as he did for Pitts and Lee)m or lining up legal help for the condemned (as he did for Pitts and Lee and others). To those who say journalists should remain neutral and objective, he responds simply: “ A man’s life is at stake. I think I’m doing the right thing.” Miller had Mello write an impassioned opinion piece raising doubts about the Spaziano case. Miller edited the piece and arranged its simultaneous publication in Sunday editions of the Herald, the Sentinel and the St. Petersburg Times. Miller also urged other editors at the Herald to dispatch a reporter to investigate Spaziano’s case. They decided to focus on a question that already had all but settled in their own minds: Did Spaziano get a fair trial? . . . Reporter Lori Rozsa has never covered an execution. Working out of Herald’s Palm Beach bureau, she writes mainly about the environment. When Gov. Chiles scheduled Spaziano’s execution for June 27, 1995, Rozsa’s editors asked if she had any qualms about witnessing an execution. She didn’t. She believes the Ted Bundys of the world probably deserve to die. Like Miller, Rozsa felt strong misgivings as she read through the trial records. The key to the case was the 17-year-old witness, Tony DiLisio. The prosecutor admitted he didn’t have a case without him. Rozsa, 35, flew to Pensacola to interview DiLisio. Nobody was home the first two times she visited. The third time he shut the door on her foot and threatened to call 911. The fourth time he said a few words then cut her short. Rozsa didn’t give up. On her fifth try, DiLisio began to talk. At first, he said he couldn’t remember a thing about the case. The longer he talked, the closer he edged toward saying his trial testimony had been a lie. He called hypnosis “witchcraft.” He said he was just a scared, confused kid. He said Spaziano never took him to the dump to see a body. [End of Second Column] [Beginning of Third Column] He said the execution should be halted. Rozsa’s gut told her DiLisio was being truthful. To her, it was significant that he had been so reluctant to talk. After the interview, Rozsa called Mello from her hotel. “She couldn’t believe it and I couldn’t believe it,” Mello recalls.” She was on cloud five or six.” Until then, Rozsa had remained skeptic about Spaziano’s claim of innocence. DiLisio’s recantation convinced her Spaziano was an innocent victim of an outrageous miscarriage of justice. “That sealed it for me,” she says. . . . Rozsa’s story describing DiLisio’s recantation ran on page one of the Herald on June 11. Remember, the murder occurred not in Miami, but near Orlando. As sometimes happens when newspapers get scooped in their own back yard, the Orlando Sentinel was slow to react to the story. The governor was not. He immediately asked the Florida Department of Law Enforcement to investigate. Days later, the Sentinel ran a short Associated Press story about the FDLE investigation. The story was buried inside the paper. When Chiles stayed Spaziano’s execution, the Sentinel finally had its own reporter write a story. In it, he included references to the Herald’s work. His editors at the Sentinel wanted to cut out any references to other newspapers. “They didn’t want to admit that the story got by us,” recalls the reporter, Michael Griffin, the Sentinel’s Tallahassee bureau chief. Griffin was upset with his newspaper. He had asked permission to pursue the Spaziano case after the Sentinel published Mello’s opinion article. “I read that and thought,’Holy Christ, this guy could be innocent,’” he says. His editors put him off, and the Spaziano story languished in another bureau of the newspaper. When Griffin read Rozsa’s page one story about DiLisio’s recantation, he thought,” This should have been our story. This is our story.” Griffin’s editors belatedly agreed and quickly threw a platoon of eight reporters at the story. But their mission was shaped by journalism principles far different from the ones guiding the Herald. “You don’t have an opinion in this case,” Sentinel editor John Haile told his news staff. Haile considered it “terribly presumptuous” for any reporter to judge the fairness of a 20-year-old trial and decades of subsequent appeals. “I’m not sure where we are vested with this authority to say,’We know better than you,’” Haile says. He didn’t want his reporters crusading. Spaziano deserved justice, but so did the [End of Page Three] [Beginning of Page Four] [First Column] Victim, Laura Harberts. “We didn’t set out to try and free anybody; we didn’t set out to try and convict anybody,” Haile says. “A reporter’s job is to go out and find the truth, whatever that may be. The Herald began with the question: Did Spaziano receive a fair trial? The Sentinel’s editors decided to focus narrowly on a different question: Is Tony DiLisio telling the truth now? Like Lori Rozsa before him, Michael Griffin went to Pensacola to interview DiLisio. But where Rozsa left DiLisio’s home certain his recantation was genuine, Griffin left his interview equally certain that DiLisio was lying. “I caught the guy in the first 15 minutes in a half-dozen lies,” Griffin recalls. DiLisio said he had been “Christian and clean” for more than a decade. Griffin knew DiLisio had been arrested twice for DUI, and twice more for hitting a former girlfriend. Rozsa’s and Griffin’s opposite impressions of DiLisio resulted in distinctively different coverage. Believing DiLisio’s recantation was bogus, Griffin and other Sentinel reporters wrote stories tearing into his credibility now. They explored his recent brushes with the law. They quoted friends and relatives who said DiLisio is a compulsive liar—but that he was telling the truth 20 years ago. Sentinel reporters emphasized DiLisio’s motives to lie now—possible fear of the Outlaws, maybe to cash in with tabloid TV. They dissected inconsistencies in his current story. They made not mention of the hypnosis checkered past. Certain DiLisio’s recantation was real, Rozsa and other Herald reporters wrote stories ripping into DiLisio’s credibility 20 years ago. They described him as a desperate, drugged-out teenager. They quoted friends and relatives who said DiLisio was a compulsive liar—but that he is telling the truth now. Herald reporters emphasized DiLisio’s motives to lie then—because Spaziano had supposedly raped DiLisio’s stepmother, because he wanted to please the police, because his father told him to. They dissected inconsistencies in his testimony from 20 years ago. They barely mentioned DiLisio’s recent troubles with the law. Rozsa would see Sentinel stories and wonder,” Are they reading the same stuff as me?” Griffin was no less dumbfounded by the Herald. “For the life of me I cannot understand how you can look at the same amount of material that we both looked at and come back with such widely different takes on this.” At times, Griffin felt he had to set the record straight. He thought the Herald painted too rosy a picture of Spaziano and his fellow Outlaws. Griffin, 34, grew up in Orlando, and he remembered the fearsome reputation of the local Outlaws in the 70s. There were tales of gang rapes and killings, and he recalled his parents keep- [End of Column One] [Beginning of Column Two] -ing him inside at night when women’s bodies began turning up in local dumps. After Spaziano was arrested for one of the “dump murders,” the newspapers were filled with Spaziano’s violent exploits. When Griffin wrote that Spaziano lived “a misfit’s life of spontaneous brutality and murder,” he says he was trying to counter the Herald’s depiction of Crazy Joe as a clownish charmer—”the most popular guy on death row.” “I was aiming that at his supporters, and I include the Miami Herald in that,” he says. On Aug. 24, 1995, Gov. Chiles reset Spaziano’s execution date. He said FDLE investigators turned up new evidence of Spaziano’s guilt, including witnesses who said DiLisio talked of seeing a body at the dump long before he talked to police and the hypnotist. The Sentinel had the story first. “It was a bad, bad day when Chiles signed that death warrant,” Rozsa recalls. She was upset at being scooped, of course. More deeply, she was upset that Spaziano seemed destined for the chair. Obviously I haven’t done my job,” she thought. If it came to it, she decided, she would not attend the execution. She could not bear to watch the electrocution of a man she believed to be innocent. . . . In politics, they say, perception can become reality. The same can hold true for journalism. In the Spaziano case, perceptions that the newspapers were biased only widened the split in the coverage. Spaziano’s attorney, Michael Mello, had assumed early on that the Sentinel would largely echo the Herald’s coverage, and he was thrilled when Griffin first called him about the case. Mello offered to open up his records to the newspaper. His strategy for saving Spaziano depended on generating sympathetic coverage that would put pressure on Chiles. When the Sentinel stories began to tail spin unfavorable to his client, Mello worried his strategy had backfired. The way he figured, the Sentinel was giving Chiles political cover to execute Spaziano. In response, Mello publicly labeled the Sentinel an “accomplice to murder.” He stopped taking Sentinel phone calls. He withdrew his offer to allow them full access to his files. He instructed Spaziano not to talk to the Sentinel. Tony DiLisio also clammed up on the Sentinel. The Herald—whom Mello referred to as his “investigative partner”—continued to get red-carpet treatment. Another key source was John Gordy, the FDLE agent in charge of the governor’s investigation into the Spaziano case. Early on, he spoke several times with Lori Rozsa. She impressed Gordy as a reporter who [End of Second Column] [Beginning of Second Column] Wanted to uncover what was “righteous and real.” But when Rozsa wrote a page one story about flaws and errors in Gordy’s investigation, Gordy felt betrayed. He and other law enforcement sources began to view Rozsa and the Herald as an extension of Spaziano’s defense team. “We ended our relationship,” he says. Gordy did not, however, end his relationship with the Sentinel. If anything, Gordy talked even more openly with Sentinel reporters. He fed them information he hoped would “set the record straight. One Sentinel story reported that DiLisio’s attorney declined comment, followed by this small dig: “He and DiLisio then walked down the street with a Miami Herald reporter, who first reported DiLisio’s recantation in June.” With key sources taking sides, perception became reality. “If you’re only hearing one side of the story, it’s kind of hard to be objective and balanced,” Griffin says. Editors and reporters at both papers say they strived to keep their stories balanced and their minds open. Sometimes fate interfered. Having written so much about Spaziano and DiLisio, Rozsa planned to write a profile of the victim, Laura Harbert. But Rozsa was pregnant, and her baby came several weeks early; the Harberts profile was scratched. To the discomfort of the reporters, both newspapers fueled perceptions of bias—and not just with their editorials (Herald—free him; Sentinel—fry him.) The Herald helped line up one of the state’s best law firms to represent Spaziano for free. And Gene Miller wrote a several page letter to Ron Sachs, the governor press secretary, explaining “why I think the state is very close to executing a man who in all probability is innocent.” In the letter, Miller offered to make Rozsa available to the governor, even providing her home number. (“I was wondering why he did that,” Rozsa says.) The Sentinel, on the other hand, ran this page one banner headline last month, on the first day of a crucial court hearing to decide whether Spaziano should get a new trial: “Former Outlaw: Spaziano Enjoyed Killing.” (Michael Griffin cringed when he saw that. “The headline,” he says,”was just way over the top.”) . . . In the Herald newsroom, some suspected the Sentinel of climbing into bed with the governor’s office to knock down [End of Fourth Page] [Beginning of Fifth Page] [Heading] At the Miami Herald [Photograph of Gene Miller] Gene Miller, a Miami Herald editor, had won two Pulitzer Prizes crusading against unfair convictions. [Photograph of Lori Rozsa] Herald reporter Lori Rozsa wasn’t sure if Spaziano was innocent until after the state’s star witness told her his trial testimony was a lie. [Heading] The witness [Photograph of Tony Dilisio] Tony Dilisio testified in 1976 that Spaziano showed him the victim’s body; 20 years later, he took it all back after Rozsa knocked on his door. [Heading] At the Orlando Sentinel [Photograph of John Haile] Sentinel editor John Haile didn’t want his reporters trying to judge whether Spaziano received a fair trial 20 years ago. [Photograph of Michael Griffin] Reporter Michael Griffin says he has never worked harder on a story. “I’m proud of the newspaper, proud of the way we did this story.” [Column One] their findings. What better what ease the sting of being scooped on your home turf? At the Sentinel, some suspected the Herald of climbing into bed with Spaziano’s attorneys. What better way to win a Pulitzer Prize than to get a guy off death row? People at the Herald took offense when a Sentinel reporter asked one of their writers,” Has the Herald lost its objectivity on the story?” Likewise, some at the Sentinel were angered by a letter Gene Miller wrote to the editor of the Sentinel’s editorial page, an old friend of Miller’s. Miller argued for Spaziano’s innocence and he included copies of the Herald’s coverage. In the Sentinel newsroom, Miller’s letter was taken as arrogance and insult. As if they hadn’t been reading the Herald’s coverage! Years ago, in college, Michael Griffin was an enthusiastic proponent of the death penalty. Then he read Invitation to a Lynching, Gene Miller’s 1976 book about the Pitts and Lee case. The book left him far more skeptical of the death penalty, though not quite an opponent. It also made him an admirer of Miller and his brand of crusading journalism. Covering the Spaziano story has changed Griffin’s mind—about Miller and the death penalty. “I am 100 percent opposed to the death penalty,” he says. How can the ultimate punishment possibly be fair if it is subject to the whims and judgments of newspapers? “Cops don’t matter, prosecutors don’t matter, judges don’t matter, juries don’t matter. Gene Miller is all that matters,” Griffin says bitterly. “He’s gonna sit back 20 years later and decide this guy is innocent.” So which newspaper got it right? Only Spaziano knows for sure. Last month a judge granted him a new trial. “In the United States of America every person, no matter how unsavory, is entitled to due process of the law and a fair trial,” the judge ruled. “The defendant received neither.” Prosecutors are appealing. It could be months before that appeal is resolved, and even longer if a jury ever gets a chance to sort through this tangled case. If and when that happens, count on one thing. The Herald and the Sentinel will be there, each in pursuit of the truth. Times researchers Kitty Bennett and Carolyn Hardnett contributed to this story. [End of Article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Barstow, David Contributor of the Digital Item Person submitting the digital item to the collection. Debes, Elizabeth Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The two Crazy Joes Subject The topic of the resource Spaziano, Crazy Joe Description An account of the resource As two newspapers, the Herald and the Sentinel, cover the same story of Joseph "Crazy Joe" Spaziano, they report two completely different stories. David Barstow evaluates why these two reliable newspapers published two different views of the case, as well as asking the question of which one was correct in the end. Creator An entity primarily responsible for making the resource Barstow, David Source A related resource from which the described resource is derived Barstow, David. "The two Crazy Joes." St. Petersburg Times, February, 1996. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 02-25-1996 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 5 JPGS Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant St. Petersburg, FL "Crazy Joe" Spaziano 1995 Against Execution court cases Court decisions and opinions. criminal defense death penalty Florida capital sentencing statute Florida death penalty Florida Death Row Florida newspapers Gene Miller newspaper The Herald The Sentinel https://hist299.umwhistory.org/files/original/571ea5a9632db8c671036f98f3cafd88.jpg e2e3b117e416239dad60eb91290d7471 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 David Livingston Funchess, a decorated Viet Nam war veteran, died in Florida's electric chair Tuesday afternoon after Gov. Bob Graham refused him executive clemency and the U.S. Supreme Court denied him a stay of execution. Funchess had originally been scheduled to die at 7 a.m. Tuesday morning but a panel of the 11th Circuit Court of Appeal in Atlanta granted him a five-hour stay so the High Court would have time to rule on the case. The Supreme Court delayed the execution another five hours but voted 7-2 to reject the appeal. Following a two-minute surge of 2,000 volts, Funchess, 39, was pronounced dead at 5[:]11 p.m. He is the 15th man to die in the state's electric chair since the death penalty was reinstated in 1976 and the first Viet Nam veteran to be executed in the nation. When asked by prison officials if he wanted to make a last statement to the press, Funchess said "No." Defense attorneys argued the ex-Marine suffered from Post Traumatic Stress Disorder-a recently recognized war-induced mental illness-at the time he was convicted for two 1974 Jacksonville bar murders. In their court appeals and request for executive clemency from the governon, they said PTSD was never mentioned during Funchess' 1975 trial or sentencing. "This man came back from Viet Nam in real bad shape," said Tom Fischer, a member of Veterans for Peace who spent one year in Viet Nam. "That was never considered in court. We're protesting the fact that he was executed without considering that. To ignore it is to ignore him as a human being." Fischer and 30 others gathered for a second time at the Viet Nam Veterans Memorial across from the Old Capitol on Monroe Street for a vigil following the execution Tuesday afternoon. The group had protested the execution earlier at a noon vigil. Fischer told reporters that if the governor or other politicians who were present at the dedication of the war monument last November had respect for those who fought in Viet Nam, they would have reconsidered Funchess' case. "Not long ago, when this (the memorial) was built, Gov. Graham and other politicians stood here and said that it was time to separate the warriors from the war," said Fischer, adding Graham had reneded on that statement by not considering Funchess' Viet Name experiences. "I don't consider Graham a friend of Viet Nam vets." Despite appeals from defense attorneys, Graham refused executive clemency to Funchess Monday. The governor's legal advisor Art Weidinger said the effects of PTSD on the former soldier had already been presented to Graham at his first clemency hearing in 1982. "He (Graham) didn't believe PTSD was a factor in considering clemency," Weidinger said Tuesday. He said Graham feels Funchess' case has been litigated fully in the courts. But Michael Mello, a lawyer for Capital Collateral Review--a state-funded agency that represents indigent Death Row inmates--said the issue at hand was that PTSD had not been presented as mitigating evidence to the jury that tried Funchess for murder in 1975. He said PTSD had not even been recognized as a genuine illness back then, but regardless of that, Funchess' trial lawyers should have included his 1967 tour of Viet Nam as part of the evidence. "That's where it (the evidence) counted," said Mello. "Once you've already been convicted, there's a real inertia to commute the death sentence to life in prison. David's trial lawyer could have done more--the jury could have been told he was a decorated war hero, they could have been told about his childhood. All of that would've been incredible mitigating evidence to the jury even though PTSD had not been diagnosed," Mello said. According to court affidavits, Funchess never committed a crime before going to Viet Name. But he returned from Southeast Asia a drastically changed man. At the late afternoon vigil, people looked at their watches. it was 5:20. "It must be over by now," one woman told another. Others held each other and wept. Still others stared at the color photograph of Funchess in his Marine uniform placed atop a basket of flowers. The group formed a circle in between the two huge granite columns that for the war monument. Rev. Jim Hardison, a coordinator of the death penalty project for Florida IMPACT--an interfaith lobby group for social justice issues--said he was angered not by capital punishment per se but by the way the state administers it. "Again we've taken a poor, penniless, minority person who was mentally ill and executed him," Hardison said. Other present said they felt compelled to speak. "We're really appalled by your callous indifference toward David Funchess," said Linda Reynolds, Director of the Florida Clearinghouse on Criminal Justice, referring to the governor. "Viet Nam veterans will not forget what you've done today.["] "David Funchess was killed twice by society," Reynolds said. "Once in Viet Nam and once today." A United Press International story was used to compile this report. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) Vol. 73, No. 148 Contributor of the Digital Item Person submitting the digital item to the collection. Daniel, Michael Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Florida kills Viet Nam vet in electric chair Creator An entity primarily responsible for making the resource Basu, Moni Source A related resource from which the described resource is derived Florida Flambeau Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1986-04-22 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, Florida Description An account of the resource David Funchess was the first U.S. Vietnam Vet to be executed by a state. Subject The topic of the resource Capital punishment Format The file format, physical medium, or dimensions of the resource jpg capital punishment Vietnam veterans https://hist299.umwhistory.org/files/original/eb53d69115247a111d9513d4efd79379.jpg 8f7381b9dccf13fb88439af030acc789 https://hist299.umwhistory.org/files/original/52df657ad048a38ec43e525fa089367e.jpg 7f43ec4854cd85124fb4e0a60bdef79e 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 One day early last July, Gregg Thomas of the Tampa branch of the Holland & Knight law firm, flew to Tallahassee to discuss the death appeal case of Jimmy Lee Smith, who was scheduled for execution in 10 days. Those 10 days wound up being filled with hectic activity and Thomas reckons for the last five, he had only five hours sleep. But he and other lawyers, signed up at the last minute and working for free, won a stay which led to a full review of Smith's case before the 11th Federal Circuit Court of Appeals. That review, argued in February, is still pending. Thomas K. Equels, of Greenberg, Trauig, Askew, Hoffman, Lipoff, Rosen & Quentel of Miami, is used to handling complex commercial civil cases. Recently he found himself going door-to-door in a Pompano beach ghetto trying to get new evidence for David Gorham, another death row inmate. Like Thomas and other attorneys working on the Smith case, he was not being paid. But he found an eyewitness who claims that David Gorham did not commit the murder he was convicted and sentenced to death for. Equels is preparing appeals and for a clemency hearing based on the new evidence. Michael Mello, an assistant public defender in Palm Beach County, spends his working days handling criminal appeals for convicted murderers facing the death penalty. He spends his off hours advising civil attorneys who have volunteered to handle capital collateral cases for indigent death row inmates. He recently spent a weekend at his office, while his parents were visiting from Washington D.C., reading a case history and preparing a summary for a volunteer attorney. He has spent considerable time helping lawyers on two separate cases and has given advice on several more cases. All three lawyers are part of the Florida Bar's program to provide pro bono attorneys for indigent death row inmates, especially those facing imminent execution. James C. Rinaman, Jr., of Jacksonville, chairman of the Bar's Special Committee on Representation of Death Sentenced inmates in Collateral Proceedings, said the volunteer attorneys face a difficult, expensive and time consuming job for which they will receive little thanks. But he also said it is a necessary task to uphold the principle that everyone, including death row convicts are entitled to lawyers throughout every step of their appeal and that due process should be accorded everyone. Rinaman estimated the average capital collateral case requires 500 to 1,500 hours of work, and can cost from $10,000 to $18,000 out-of-pocket costs. "The more successful you are, the more time it takes." he said. Lawyers taking the cases can expect little but long hours, high expense and practically no public sympathy for their action, Rinaman said. But the job does have satisfactions. "It's a highlight of their whole professional life." he said. "It's the most important thing they've ever done, all they've done before is represent Continental Can, General Motors or Southeast Bank. This is about the highest professional contribution yo can make." Only about 100 lawyers in Florida are qualified on their own to handle the capital collateral cases, Rinaman said; consequently the Bar program includes providing advisers and research backup, through the Volunteer Lawyers' Resource Center at Florida State University and Stetson University, to help volunteers. Mello, Thomas, and Equels all gave different motives for their involvement. "The ones I've talked to feel it's wrong to kill people without lawyers. It think it's real gross to kill people period." Mello said, adding he jumped at the chance when Palm Beach County Public Defender Richard Jorandby offered him a job handling criminal death appeals. "We supposedly have this system...that;s supposed fair and it isn't . One of the main reason it doesn't work is because of the poverty of people who wind up on death row," he said. "A number of them (volunteer lawyers) who start out don't start as ideologies against the death penalty, but after a few time around. It changes them." One shock to the lawyers, largely used to handling civil cases, is poor treatment in some courts and from prosecutors seeking to hasten the executions, he said. "I feel good about what I do," Mello said. "I can't think of many other areas in life where I do something where I'm this certain I'm on the right side. I think the death penalty is wrong." Mello handles no collateral appeals directly, instead advising the other volunteers, who he noted frequently face a monumental task. "If they take it when a death warrant is signed, it's a huge commitment right up front, it's 18 hours a day for three or four weeks," he said. A memo written by Thomas last summer outlined some of the rigors he and other faced after taking a case only 10 days before the scheduled execution. The attorneys present the first week, including working through the 4th of July, working long days preparing memos and briefs for appeals. The memo noted the lawyers believed they uncovered substantial new arguments and legal points, only yo have their appeals denied at he trial court and federal district court level with only cursory hearings. Thomas noted the attorney team was greatly demoralized before the 11th Federal Circuit Court issued a temporary stay, which was immediately and unsuccessfully appealed to the U.S. Supreme Court. The stay led to the current hearing. Thomas said Holland & Knight agreed to get involved in the cases to guarantee inmates were represented. "We didn't take the Jimmy Lee Smith case because we're against the death penalty, we took it because a person who was going tot pay the ultimate price deserved to have due process," he said. "I guess we decided as an obligation to the Bar and an obligation to the system of justice that we give some back." He agreed with Mello the death cases vary greatly from the normal civil cases he handles, and that judges can be harsher on lawyers representing capital clients, especially in the lower level of courts. "There's a great deal of emotion involved for a judge trying a death case. The further you are removed from that, the less emotion there is," Thomas said. He added, "The tribulations (of handling a death case) are knowing that someone's life is essentially in your hands and you have to do the very best you can. The reward is when (and if) Jimmy Lee Smith dies, Gregg Thomas and his partners at Holland & Knight will know everything that could be done was done." He also said the work was important because on average 50 percent of the death appeal cases in the 11th Circuit Court of Appeals are eventually reversed. Thomas was one of two Holland & Knight attorneys (the other was Julian Clarkson of Tallahassee) along with several law firm clerks who worked on the Jimmy Lee Smith case with Attorney Sarah Bicakley of Tallahassee. Like Thomas, Equels got involved because Greenburg, Taurig decided the firm should help on death appeal cases. But unlike Thomas, Equels, who is working with Alan Dimond and being advised by James McGuirk and Joseph Beeler, became involved early in David Gorham's appeals, well before his clemency hearing and with no death warrant signing in sight. "We're doing it because we have an obligation to the Bar and the community to provide this kind of service to death row inmates needing attorneys," he said. This case took Equeis from his normal civil litigation to knocking on doors in a Pompano Beach ghetto. Noting Gorham's attorney presented no evidence in his trial, Equels said, "We did a pretty thorough investigation and found an eyewitness who said he (Gorham) didn't do it. He entirely deserves representation under those circumstances. "I feel very strongly that he's innocent and I feel very strongly that the worst kind of miscarriage of justice may have taken place." That belief also provides Equels with an extra motive. "If you don't succeed, a man may die who shouldn't die," he said. Besides the appeal work, Equels is also preparing for Gorham's clemency hearing this summer. Despite the intensity of the work, the lawyers said they would be willing to tackle another death row case, but perhaps not right away. "I think I might need at least a year to rest," Equels said with a laugh. Thomas said, "I don't think I would ever have two death cases at one time, but I would do it again because it's (law practice) a system of justice, besides a money making process." They also did not think their pro bono service is highly unusual. Thomas said Holland & knight has a policy that its attorneys should donate 10 percent of their time to free work and community service. Equels and Greenberg, Traurig has a history of pro bono and community work. Rinaman said over half the attorneys in his firm, Marks, Gray, Conroy & Gibbs, do regular pro bono work. "I think the answer is all lawyers do things like this; this happens to be a highly visible one," he said. And quoting 11th Circuit Court Chief Judge John Godbold, Rinaman said that visibility comes with long hours, high expenses and misunderstanding and criticism from the public and even the client. He continued with Godbold's words, "You'll find yourself involved in as difficult and demanding a case as you've ever been in... when its over, you will stand a little taller in your profession." 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/. Description An account of the resource The article describes how when looking to defend a inmate on death row a lawyer could be working around 18 hours a day for three to four weeks. It also alludes to how important it is that these lawyers continue to do this work as 50% of death row decisions are revoked. In order for the American justice system to be as fair and effective lawyers need to defend the men on death row in order to give them a fair chance as many of them face poverty and cannot afford them. Although these lawyers face long hours and arduous work, most find it rewarding and are proud of saving the lives of their fellow man. Title A name given to the resource Working for Free: Lawyers finding death row work demanding Subject The topic of the resource Death row inmates Lawyers Defense (Civil procedure) Creator An entity primarily responsible for making the resource Blankenship, Gary Source A related resource from which the described resource is derived The Florida Bar News Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1985-05-15 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 2 jpeg 300 dpi Language A language of the resource English death penalty Florida Michael A. Mello https://hist299.umwhistory.org/files/original/7ce55e29fe10a71c17fa2aaf0b1ddc9e.jpg ddce2c6ed0eba93c18a7638b20ee2a88 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document The Florida Bar will lobby for removing judges’ power to override juries to impose death penalties and for appointing all trial judges, as part of its 1986 legislative program. The Bar’s Trial Lawyers Section will also support increasing juror compensation. The Board of Governors delayed a decision on a constitutional amendment to abolish residency requirements for Supreme Court justices. The Board of Governors adopted those positions, among others, at its January 9-10 meeting in Orlando. The proposal to change the state law allowing judges to override jury recommendations of life imprisonment came from the Bar’s Individual Rights and Responsibilities Committee. Committee member Michael Mello said the jury better represents community feelings about a crime and the present law “increases chances innocent people will be executed.” He quoted jurors as saying in some cases, “We thought the state’s evidence was strong enough to convict, but not strong enough to impose the ultimate penalty.” Mello, who works for the state Office of the Capital Collateral Representative, which represents death row inmates, added “For the last 12 years, the [Florida] Supreme court has overruled between two-thirds and three-quarters of the cases involving jury overrides.” The Board approved the position by a 21-7 vote challenge at subsequent elections. The residency requirements were extensively debated, with the Board initially rejecting a recommendation it lobby for the amendment, leaving it without a formal position. But when the Trial Lawyers Section asked permission to lobby for the measure, the Board first voted to oppose the amendment and then defeated a motion to allow the section to lobby for it anyway. The Board finally voted to send the topic back to the Legislation Committee and the Trial Lawyers Section for more study. “I feel on this important issue, we should take more time,” said Orlando Board member Chandler R. Muller, as he moved to send the issue back to the committee. Some Board members argued allowing the Trial Lawyers Section to support the measure even though the Board opposed it would help explain to legislator how the Bar works. But other Board members replied it would only confuse lawmakers and lessen the Bar’s effectiveness. “It’s ridiculous for us to take a position on this Board and allow a section to take a position opposite to that,” Miami Board member Alan T. Dimond said. On other matters the Board: <ul> <li>Approved a Trial Lawyers Section recommendation to support increasing juror compensation from $10 to $25 a day, with the funds coming rom higher filing fees. The Board also approved a section recommendation to draw juror pools from driver license lists as well as voter registration rolls.</li> <li>Approved a Family Law Section an estate by the entirely unless stated differently in the mortgage. The Board also allowed the section to oppose a bill easing commercial mortgage foreclosure restrictions. The section found the bill too broad for the stated purpose of making it simpler to foreclose on some condominium projects.</li> <li>Supported Tax Section requests it be allowed to support several bills, ranging from creating a division of tax policy in the state Department of Revenue to barring tax collectors from enforcing any but good faith payments until property tax disputes are resolved.</li> <li>Approved allowing the Trial Lawyers Section to lobby in Congres against federal products liability legislation.</li> <li>Failed, by a 15-12 vote, to support a proposed ABA recommendation calling for a federal intercircuit panel to resolve disputes between federal circuit courts without a Supreme Court appeal. A two-thirds Board vote is required to approve such a legislative position. The Board also took no position on creation of a chief administrative judge for the federal system. Both the intercircuit panel and administrative judge have been sought by U.S. Supreme Court Chief Justice Warren Burger and will be considered by the ABA at its midyear meeting. The Board will again consider legislative positions, including the controversial proposed modification of the Marketable Record Title Act (see related story elsewhere in the News) at its March 19-22 meeting in Tampa. Also on the agenda will be Bar responses to proposed state legislation to change the tort system, including the modification or repeal of joint and several liability. </li> </ul> Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Bar favors eliminating judicial death penalty override Source A related resource from which the described resource is derived Florida Bar News Date A point or period of time associated with an event in the lifecycle of the resource 1986-02-01 Language A language of the resource English Creator An entity primarily responsible for making the resource Blankenship, Gary Subject The topic of the resource Capital punishment--Florida. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 jpg 300 dpi