Justices grant stay to Spaziano
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Justices Grant Stay to Spaziano
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The execution of the convicted killer is halted, in part because of a fight over who should represent him.
By Diane Rado
Times Staff Writer
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TALLAHASSEE- The Florida Supreme Court on Tuesday halted Joseph "Crazy Joe" Spaziano's execution, making him only the second death row inmate in history to survive a fifth death warrant.
The indefinite stay was a gift of life for Spaziano, who celebrated his 50th birthday Tuesday.
It was another setback for Art Harberts, who has waited some 20 years to see the man convicted of killing his daughter put to death. But Harberts hasn't lost hope.
[Image of Spaziano]
"I think maybe people don't have much faith in the justice system," he said. "I know it grinds slowly, but I'm quite sure that, eventually, justice will be served."
Spaziano was headed to Florida's electric chair Sept. 21 for the 1973 rape and murder of Laura Lynn Harberts, an 18-year-old Orlando hospital clerk. Her mutilated body was found partly covered with leaves and trash in a dump in Seminole County.
Instead, Spaziano will get a chance to
Please see Spaziano 4B
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Spaziano from 1B
prove his innocence. The Supreme Court issued a stay pending the outcome of a hearing in Seminole County to be held by Nov. 15. The hearing will focus on a stunning recantation from Anthony DiLisio the state's star witness, some 20 years ago who tied Soaziano to the crime scene.
DiLisio told the newspaper reporters and the Florida Department of Law Enforcement this summer that it was police-not Spaziano-who took him to the dump where Harberts' body was found and that the police manipulated, hypnotized and possibly drugged him to get testimony against Spaziano.
Controversy has been growing ever since, but it was a bizarre, last-minute fight over who will represent Spaziano that led to the stay.
Michael Mello, Spaziano's attorney this summer, refused to attend a crucial hearing on the case originally scheduled for this Friday and refused to hand over hos files to the office of Capital Collateral Representative, the agency that defends death row inmates who don't have counsel.
When CCR tried to visit Spaziano on Monday, he turned them away. Mello told CCR not to interfere in the case.
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[Caption] Michael Mello refused to attend a hearing that had been set for Friday.
The Supreme Court wasn't pleased. Justices had said in an opinion just last week that CCR has the primary responsibility for the Spaziano case.
"The fair administration of justices in Florida cannot proceed with such flagrant disregard of this court's procedures and directions," Tuesday's opinion states.
In view of Mello's refusal to attend the hearing, among other factors, "we find that he has effectively withdrawn from representing Spaziano," the court wrote. Becuase Mello also has said he is not a trial attorney and doesn't have the resources to prepare for a new hearing, "We find that he is not competent to continue this representation."
Justices ordered Mello to immediatelty deliver his files to CCR.
"We direct that CCR shall act as Spaziano's counsel without Mell's assistance or interference," the court-ordered.
Mello said Tuesday that he will appeal the ruling to the US Supreme Court.
"I think it violates due process and equal protection to order a death row prisoner to be saddled with an inept public defender office that has a track record of botching the investigation in this very case," Mello said.
"I think it's a little hypocritical of the court to trash me and then stick Hoe with this quack public defender."
Mello has accused CCR of among other things, threatening and intimidating DILisio before the recantation. CCR has denied the allegation.
Martin McClain, chief assistant at CCR, acknowledged Tuesday that Spaziano doesn't want the agency as his attorney.
"We're willing to do it and we want to do a good job, but it's difficult to be forced upon someone who doesn't want you," McClain said. The opinion Tuesday does give leeway for a volunteer lawyer to take over the case, and Mello said he has been talking to Florida law firms that may be willing to step in.
The stay was no surprise to thise who have watched recent flap over who will represent Spaziano.
"The way it was set up by Mello and the CCR's reaction, it was pretty clrar that the court was left with very little alternatice said Dexter Douglas, general counsel for Gov. Lawton Chiles.
"We'll honor the stay until they (Supreme Court justices) life it and at that time, a new warrant will most probably be issued unless there is some change in the situation," Douglass said.
The evidentiary hearing could lead to a new trial for Spaziano.
Only Willie Darden has survived past the fifth death warrant. He was electrocuted in March 1988 on his seventh warrant.
Spaziano had just finished a cist with his mother and sister Tuesday afternoon when Mello called him at Florida State Prison with news of the stay.
"I said, 'Happy birthday,'" said Mello. " There was a few seconds of silence. Then he said, 'Thank God, thank you."
In Jacksonville, Laura Lynn Harberts' father wasn't surprised; He said he expected a stay after controversy over DiLisio's recantation, He lives with constant reminders of his daughter he said, and gets discouraged that the man conivcted of killing her still is alive. But he doesn't hate Spaziano.
"I learned a long time ago that it doesn't do any food to hate somebody," Harberts said. "The hate eats you up."
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