Contents


FDRAG Home
Legal Commentary
Standards for Innocence
Size of Death Row Declines
News from the inside
Birth of Isaac
August Birthdays
August Book Winners
More from the inside
Convicted, Executed, Not Guilty
Book Review
Paws -ing to bloviate
Share-a-book
Membership


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Florida Death Row Advocacy Group

Working to Maintain and Improve Living
Conditions for Death Row in Florida

FDRAG NEWSLETTER
PUBLISHED MONTHLY BY FDRAG
VOLUME –VII- JULY/AUGUST 2005

(Personal opinions of our Guest writers do not necessarily reflect the opinions of FDRAG or its members)


This and that from the Legal front

Newly published research examining 340 exonerations in the United States between 1989 and 2003 found that a significant number of those who were wrongly convicted had been sentenced to death. Researchers note that this finding appears to reflect two patterns: capital defendants are more likely to be convicted in error, and false convictions are more likely to be detected when defendants are on death row.

The paper, authored by Professor Samuel Gross of the University of Michigan Law School along with other assistants, reveals clear patterns associated with false convictions. The leading cause of wrongful convictions is perjury, including perjury by police officers, by jailhouse snitches, by the real killers, and by supposed participants and eyewitnesses to the crime who knew the innocent defendants in advance.

The research revealed that false confessions, especially among vulnerable defendants such as juvenile offenders and those with mental retardation, also played a large role in murder convictions that led to exoneration. Almost all of the juvenile exonerees who falsely confessed were African American, and 90% of all exonerated juvenile defendants were African American or Hispanic.
Based on their review of these exonerations, the paper notes that "any plausible guess at the total number of miscarriages of justice in American in the last fifteen years must run to the thousands, perhaps tens of thousands, in felony cases alone."

("Exonerations in the United States, 1989 through 2003," Journal of Criminal Law and Criminology, Vol. 95, No. 2,

Supreme Court Agrees
to Consider Standards for Claims of Innocence

The U.S. Supreme Court has agreed to hear a capital case challenging the standard of proof needed for claims of innocence based on new evidence. The Justices will consider an appeal filed by Paul House, a Tennessee death row inmate who says new DNA evidence proves he was wrongfully convicted. In 1993 in Herrera v. Collins, a 5-member majority of the Court said a claim of innocence based on new evidence alone is generally not enough to merit a new hearing in federal court. However, in 1995 in Schlup v. Delo, the Court ruled that a convicted murderer who had other constitutional claims in addition to an innocence claim could get a new hearing if he could show that his new evidence makes it probable that "no reasonable juror would have found him guilty beyond a reasonable doubt." Last year in House’s case, the U.S. Court of Appeals for the Sixth Circuit voted 8 to 7 that House's evidence did not meet this standard. Six of the dissenters believed his new evidence was strong enough to show his innocence. The issue before the Supreme Court is what standard should be used by federal courts to evaluate claims of innocence on the basis of newly discovered evidence. The case is House v. Bell, No. 04-8990. (See New York Times, June 28, 2005).

Size of Death Row Continues to Decline

According to the NAACP Legal Defense Fund's quarterly report, Death Row U.S.A., the number of people on death rows around the country declined again as of July 1, 2005. The latest count of inmates is 3,415, down from 3,452 as of April 1 and down considerably from the 3,692 inmates recorded on October 1, 2002. About 54.5% of those on death row are members of racial minorities. Pennsylvania (70%) and Texas (69%) had the largest percentage of minority defendants on death row.

Among the states with largest declines were Texas (-27), North Carolina (-5) and Alabama (-4). Some of the declines are due to juvenile offenders being removed from death row in accordance with the U.S. Supreme Court decision in Roper v. Simmons (2005). Not all such juveniles have been taken off death row. (NAACP Legal Defense Fund,

News from the inside

Hello again.
July went by, and almost August as well.
We have had too many people off on vacation to really do anything over the summer – so we apologize for skipping July’s newsletter.
I recently had a meeting with Secretary Crosby that went well, -as always-. I will hopefully have some real good news in the next newsletter …after the follow up meting with Director Carter.
I can tell you that the meeting partly had to do with donations of color TV’s for those of you who cannot purchase one yourself. We also talked about the vent situation on wing 2-at UCI, and the handcuffing on the back with the black box at FSP. Hopefully some good will come out of that too.
Some of us have been To Washington DC, spending days in front of the U.S supreme court while “starving for justice” A protest against the death penalty. I had the pleasure of meeting Dale Recinella in person for the first time, and also listened to his speech: “The biblical truth about the death-penalty”. It was very powerful, and I hope over time that churches in the bible belt will have an opportunity to listen and hear what the bible has to say about the death penalty.
It is far from an " eye for an eye” and maybe people really need an encounter with Jesus to know this in their hearts.–
Anyway, God has truly blessed you all with a man like Dale Recinella who is so dedicated to his purpose in life.
While literally on the steps of the U.S Supreme Court, Sandra Day O’Connor decided to retire, which was kinda strange – actually witnessing the immediate reaction close up.
I have to tell all of you who write with prayers and greetings to James/Ali and our entire family that I pass on every

greeting, and it means the world. Thank you so much for your love and prayers.
Some of you know that they took him roundtrip: Pinellas county / UCI within 24 hours some weeks back, with a stop at Bradford County Jail to spend the night. Nobody bothered to tell him why they did it, but he was no longer “red dot” prisoner when he returned. Also to those of you who knows how he loves to talk, I can tell you that the jail is “using” him to minister to the young kids in Pinellas county jail, and it gives him a change to not only talk, but talk about Jesus, which seem to be his favorite thing to do these days. His love for God is making him grow out of himself and into something so much bigger, and it is awesome to watch. On a more practical level his right to a speedy trial was waived due to Michael Mordenti’s trial. Unfortunately that did not turn out as we all hoped, the Jury found Michael guilty again. The state did not seek the death penalty this time, but coming home was what he wanted and hoped for. He is of course appealing, and he needs your prayers as well.
A Big campaign for a moratorium on the death penalty is coming to Florida in October, which is very exiting. It is the Catholic Church and various organizations doing it. More about that next month when we know more details.
As you will find on page 9, my rude cat is back. Thank God. I sure have missed his sharp tongue and good looks. Well, as you will see, the good looks is a thing from the past, I have no idea what he has been up to this summer and I am afraid to ask. I do know however, that what he is talking about is relevant and worth reading. Some people are so full of them selves and so pitiful that one can only feel sorry for them. I must admit that when I read it the first time, I found it more than hard to be Christ like. As I have said before – arrogance and ignorance mixed is a very dangerous cocktail.
Fortunately, I don’t have to deal with it. I have cats for that
Stay strong and god bless you….Hannah


August Birthdays
Congratulations!!

Name date
Edward James 04
Jack Ferrell 05
Derrick Smith07
Ernest Suggs 08
Gregory Capehart 09
Merit Sims 11
Ernest Downs 13
Burley Gilliam 15
George Hodges 15
Meryl Mcdonald 17
Marshall Gore 17
Guy Gamble 19
Elmer Carroll 21
David Gore 21
Rossiny St Clair 21
Jim Chandler 23
Joe Nixon 23
Tony Watts 26
Kenneth Stewart 27
Timothy Robinson 28
Joel Wright 29
Dominick Occhicone 29
Guillermo Arbelaez 31
Angel Diaz 31
Congratulations!
Ernest Suggs 50
D. Occhichone 60

Winners of the book drawing
August 2005

George trepal UCI Tikhal by Alexander Shulgin
David Cook UCI Rule by secrecy by jim Marrs
Rory Conde UCI Joy to the world by John Gutcher
Ray Johnston UCI the Redneck Grill By Jeff foxworthy
Fred Anderson UCI Not a day goes by, by E.Lynne harris
Anthony Washington UCI The sex Cronicles by Zane
Thomas Overton the of Brom by Rick Berry
Hary Butler UCI, Vibe magazine Subscription
William Taylor FSP Broken Prey by John Sandford
Donald Dufour UCI Creativity in tribal art by D.Biebuyick
Robert Rimmer UCI The lies and the lying liers by Al Franken
James Floyd –Pinellas – Jesus freaks III
David Thomas UCI what women wants by Barbara Deangelis
George Hodges UCI FHM magazine subscription
Maurice Floyd UCI what becomes of the broken by E.Lynne Harris
Jose Jeminez UCI Wolves of th eCalla by Stephen King


All of us in FDRAG wish to congratulate Abe and Beth with their firstborn son, and we also send the baby blessings. May he grow up with a heart full of love and compassion like his parents.

Isaac was born the 10th of July 2005