Booker death sentence reversed: the state immediately appealed the ruling to the 11th Circuit Court of Appeals in Atlanta

Booker death sentence reversed: the state immediately appealed the ruling to the 11th Circuit Court of Appeals in Atlanta

Capital punishment

The death sentence of Stephen Todd Booker was overturned because the jury did not look at all mitigating evidence. Booker was before convicted of beating, raping, and stabbing a 94 year old woman.

Loughlin, Sean

The Gainesville Sun

HIST 298, University of Mary Washington

1988-09-17

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Gainesville, FL

Atlanta, GA

Tallahassee- The death sentence for Stephen Todd Booker, convicted of beating, raping, and fatally stabbing a 94- year- old Gainesville widow in 1977, was overturned Friday by a federal judge who said not all mitigating evidence was considered by the jury.

The state of Florida immediately filed an appeal with the 11th Circuit Court of Appeals in Atlanta.

Booker, 35, was four days away from execution when Judge Maurice Paul of the U.S. District Court in Tallahassee issued his opinion, vacating the death sentence and ordering a new sentencing hearing for him.

Booker, an inmate at Florida State Prison in Starke, was on his fourth death warrant. This is the first time he has won a new hearing. The ruling has no effect on Booker’s murder conviction, only the sentencing.

Earlier this week, one of Booker’s attorneys, Michael Mello, a professor at Vermont Law School, predicted that Paul would overturn the sentence based on a 1987 Supreme Court decision, Hitchcock v. Dugger, that stated all mitigating evidence must be heard by juries in capital cases. Booker’s attorneys argued that some mitigating evidence, such as his family background, mental instability and a history of alcohol and drug problems, were not considered by the jury. Judge Paul agreed.

“What the court is saying is there was a Hitchcock violation,” said Carolyn Snurkowski, assistant attorney general for the state.

Part of Paul’s opinion read: “This court is cautious about speculating on the effects of errors in capital sentencing proceedings, especially in light of the discretion given to the sentencer.”

Snurkowski said the state will argue there is no need for a new sentencing hearing and Booker should be executed.

“The argument is: Just because this error may have occurred,… it’s not such a fundamental error that would require a resentencing proceeding,” Snurkowski said.

One of Booker’s attorneys said Booker would prevail despite the state’s appeal.

“The state is going to do what the state is going to do,” said James Coleman, a Washington-based attorney. “(But) I think if anyone were to look at this thing objectively, I don’t think there’s any reason for a death sentence.”

Coleman said Booker would probably receive a life sentence after a new sentencing hearing.

“He’s never denied it,” Coleman said of the murder. “His defense has not been innocence. It’s been a question of whether the court should have sentenced him to death.”

Booker killed Lorine Demoss Harman during a savage attack in her apartment, beating her, raping her, stabbing her nine times and leaving two knives plunged in her body.

A jury convicted Booker of murder in 1978 and he was sentenced to die.

Coleman described Booker as “remorseful” for his crime. Coleman said he spoke with Booker after learning of the decision. “He was surprised, but very happy,” Coleman said. Booker was surprised, Coleman said, because he has failed to win any of his earlier appeals. His first death warrant was signed in 1982.

Another inmate also was scheduled for electrocution on Tuesday, but the Florida Supreme Court this week issued a stay for Freddie Lee Hall.

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Staneart, Kellyn

Dickinson, Terra