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Lawyer takes Spaziano cases to top U.S. court

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Title

Lawyer takes Spaziano cases to top U.S. court

Subject

Spaziano murder trial

Description

Newspaper article from October 10, 1995 about the murder trial of Spaziano. The articles talks about Michael Mello's plea to the United States Supreme Court review the courts ruling. Stating that there is important evidence that can aid in Spaziano's defense

Creator

Leusner, Jim

Publisher

HIST 298, University of Mary Washington

Date

1995-10-10

Rights

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

English

Text Item Type Metadata

Text

[title] Lawyer takes Spaziano case to top U.S. court 

[subtitle] Michael Mello seeks an FDLE report that he says can help the ex-Outlaws motorcycle member.

By Jim Leusner Of The Sentinel Staff

A lawyer who was booted from representing convicted killer Joseph Spaziano by the Florida Supreme Court is back again.

Vermont law professor Michael Mello said Monday he was asking the U.S. Supreme Court to review the state court's rulings in the case. He again is seeking access to a Florida Department of Law Enforcement report he says has evidence to aid his client's defense.

Spaziano, a former Outlaws motorcycle gang member, is seeking a new trial in the 1973 murder of Orlando hospital clerk Laura Harberts. The state Supreme Court removed Mello from the case last month after he refused to attend a hearing in Sanford or turn over files to other lawyers ordered to represent Spaziano.

A key witness who testified that Spaziano showed him Herberts' body at a dump recanted his story in June to the Miami Herold, prompting police and court reviews. The witness, Anthony DiLisio, insist that he lied at the urging of police and his father.

The law firm of Holland & Knight and Orlando defense attorney James Russ volunteered to represent Spaziano at a hearing scheduled for the next month in Sanford, but that hasn't stopped Mello from continuing his fight.

"There is no doubt whatsoever that I am Joe's counsel of record in the U.S. Supreme Court case," said Mello, adding the state court cannot bar his federal appearance. He maintains that Spaziano, 50, still wants him as his lawyer.

Mello said he wants the high court to order the release of the FDLE report, which he contends Gov. Lawton Chiles has wrongfully kept secret.

He also maintains that Florida Attorney General Bob Butterworth has a conflict of interest in prosecuting the case while also having a vote on clemency proceedings presented by the governor. Mello said he may file a motion challenging his removal from Spaziano's state court appeal.

Greg Thomas of Holland & Knight said his office was concentrating on the Sanford hearing and would not comment on the appeal.

"It's a different court and a different issue," he said.

Chiles has refused to grant Spaziano clemency. He also has refused to release the FDLE report, citing concern for the safety of witnesses and he confidentially of the clemency process. Chiles' counsel, Dexter Douglass, said he was surprised by Mello's actions, since clemency is authorized by the Florida Constitution, and is not a federal question.

Douglas said there was nothing in the FDLE report that he believes would exonerate Spaziano. He also said that Butterworth's office has not seen report. [end page]

Original Format

Newspaper

Contributor of the Digital Item

Pace, Sam

Student Editor of the Digital Item

Williams, Megan

Files

Citation

Leusner, Jim, “Lawyer takes Spaziano cases to top U.S. court,” HIST299, accessed March 12, 2026, https://hist299.umwhistory.org/items/show/242.