Contents


FDRAG Home
Abuse Common in U.S. prisons
Brutality Documented
News From The inside
From Behind the Walls
From the other side
June Birthdays
June Book Draw
Legal Questions
Paws -ing to Bloviate
Share a Book Program
FDRAG Membership


All Newsletters

Florida Death Row Advocacy Group

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


From the other side

On May 4, GCADP held its annual Spring potluck & birthday card signing for death row. Good food & fellowship were shared by about a dozen people.
We were especially happy to reunite with those who aren't able to attend our monthly meetings. Abe is home from many months of travel. Linda took time out from her hectic schedule to rejoin us. Our sorely-missed former secretary, Sue, came to check up on her very able replacement, Marsha! Hannah was chauffeured all the way from Starke (learn to drive that van, Hannah!). Special thanks go out to several people. Susan, thanks for choosing our colorful cards. Thanks to Bonnie, who hand-stamped Happy Birthday in every single one. Thanks to Amy Jo, who always shows up early to help set up tables -- this time they needed to be brought up from downstairs. Thanks to Sr. Dorothea for her brilliant suggestion that we use the elevator!!! Extra special thanks go out to George & Anne-Marie Diller. Since 1987! Anne-Marie has been keeping track of hundreds of birthdays, mailing out each & every one of our cards at the appropriate time. George ably assists her with address label making & computer glitches. For many on death row, ours is the only birthday card they receive. This would not be possible without the diligence of the Dillers! Many thanks, Anne-Marie & George. Miriam

Meeting the 25th of may 2004 in Starke

Floridians for Alternatives to the Death Penalty called on activists to participate in a special demonstration at the prison on May 25th, the 25th anniversary of the execution of John Spenkelink - the first Florida execution after the death penalty laws were thrown out by the US Supreme Court in 1972 and Florida wrote a new law. It was also the date that the DOC scheduled for John Blackwelder's assisted suicide, so that little coincidence made it much more likely that people would attend. FADP invited those who were interested to come earlier in the day to discuss strategy for our movement, and leaders from the Florida Catholic Conference, Amnesty International, and local anti-death penalty groups (GCADP-FDRAG) from throughout the state did participate. Overall, the messages we initiated with the media were picked up and used - in other words, what we said about the anniversary (25 years of spending too much money for no tangible return on the investment), and what we said about Blackwelder's execution (endangering prisoners and prison workers) were accurately reflected in most media reports. In other FADP news, FADP has moved its offices to Gainesville. Our new address is below. Juan Melendez will be coming back to Florida to hang out for a few days and then drive with me and Governor (my dog) to Washington, DC for the 11th Annual Fast & Vigil to Abolish the Death Penalty at the US Supreme Court, held every year from June 29 to July 2. Stay cool, guys!

--Abe

Abraham J. Bonowitz
Floridians for Alternatives to the Death Penalty
PMB 335
2603 Dr. Martin Luther King Jr. Hwy
Gainesville, FL 32609

Picture: Most of the people from the meeting Outside the Catholic Church in Starke.


Birthdays, announcement

Birthdays in JUNE
Happy Birthday























Winners of the book drawing June 2004

Floyd Damren UCI
Asimov’s Guide to the bible
By Asimov

Wayne Hertz UCI
Looking for Luv
By Carl Weber

Allen Lloyd UCI
The Da Vinci Code
By Dan Brown

Kevin Foster UCI
Special forces, Army
By Tom Clancy

Andrew Lukehart UCI
Popular tales from Norse Mythology…
By George Webbe Dasent

Juan Chavez UCI
Bible Code II
By Michael Drosnin

Timothy Robinson UCI
Blood in my eye
By George Jackson

Thomas Overton UCI
Corpse, nature, forensics…
By Jessica Snyder Sachs

Alphonso Green UCI
German/ English Dictionary
By HarperCollins

Arthur Barnhill UCI
Married men
By Carl Weber


Legal Questions

A few years ago, prior to becoming a member of this illustrious group, I neither had pen friends nor was I particularly interested in the law other than to bemoan an outright injustice and to feel that the innocent were so often left to fend for themselves. Somehow I knew that it was feasible to wind up in prison, unjustly accused, provided with unsound legal advice, and prosecuted by an overzealous, high-achieving, power-bar fueled prosecutor. Still not over highly dismayed, I merely muttered undignified comments upon reading yet another sorry tale of woes usually involving another death sentence.

Then - and here I must pause to admit that I it would have been with gusto and delight that I would have liked to pen words such as, The loudest roll of thunder that ever shook the earth shattered the silence just as I was struck with the brilliant thought of righting the injustices of the world by befriending someone in prison and embarking upon a legal career - one fine day, I purchased a book entitled May God Have Mercy written by John C. Tucker.

The title itself did not appeal to me, not having any faith in a traditional higher power, though the byline did, a true story of crime and punishment documenting the life of Roger Coleman, executed by the state of Virginia on May 20th 1992. Tucker chronicled Coleman lengthy battle with the legal system and the ongoing efforts of his lawyers, as well as the media and numerous private citizens, to prove his innocence. For 10 years, Roger Coleman lived on death row, where he became the focus and center of an increasingly large circle of people who believed in his innocence and were determined to get his conviction overturned. Among them a team of high-powered lawyers, an inmate aid organization, and supportive friends a few of whom had responded to ads placed by Roger in various newsletters.

Curious, and with a small amount of apprehension, I picked up pen and paper, to sign my name that is, the rest of my short missive having been typed, corrected and edited, after perusing a few pen pal wanted ads, and mailed off three letters. My criteria were quickly narrowed down to 3 men one of whom resided – and still does – in Florida’s Union Correctional Institution. I looked for someone close to my own age - feeling that I would have more in common with a 35 to 45 year old than if I were to begin exchanging letters with a dashing 22 year old? who appeared to write well and possessing a sense of humor.

Nearly five years later, with a few ups and downs, a few tiffs and spats, Raiford, Florida’s zip code is now firmly etched into my memory as well as the numbers for those other original two prison in addition to some more, actually quite a few others - what can I say, pen pals multiply.

Here I pause, wishing to return to my original idea: the law - yes indeed, acquiring correspondents awoke my curiosity and soon I found myself reading old articles, perusing what ever I could find about the cases in question, joining groups geared towards either improving prisons and abolishing the death penalty or simply towards enhancing conditions in one particular state.

Then, to close the circle so to speak and to have free access to that wonderful search engine Westlaw, I became a student once again and eighteen months later (I dare not state when I graduated from college before) I completed the required courses as well as the electives, aced my examinations and became a paralegal.

Of course, I still have to find paying work in the legal field and thought - that in the meantime - I might contact FDRAG (one the groups I discovered shortly after beginning my correspondence with my pen friend at UCI) and suggest a new column , which was well received, especially as the rude kitty had decided to rest for a bit.

So here goes: Legal Questions by Ms Legal Kitty ?just kidding - about the “Ms” part - though legal questions nevertheless, however not legal advice. Legal advice may only be relied upon if given by an attorney, though as through formal education, training and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law, this column will attempt to answer general legal questions, or at a minimum, suggest a road to follow and avenues to pursue. An example of such a query could be, “How does one change the ownership listing on a title?”, “How does one file for a divorce?”, or “How does one obtain information about my given up for adoption child and/or my birth relatives.”

A mere sampling of course, though I trust that the flood gates won’t break open, especially now that the summer has nearly arrived but do want to state that I await ? with as much curiosity as way back when I spotted the first letter bearing a prison stamp ? your inquiries, your question, etc. and with sharp pen at hand will attempt to satisfy your legal curiosity in the next issue of this illustrious newsletter.

Should you be so inclined, have a few disposable dollars (isn’t that always the added caveat) and a bit of time, I have come upon two programs which offer correspondence based paralegal training courses. Thompson Education Direct, based in Scranton, Pennsylvania, offers a dizzying array of programs, from carpentry to free lance writer; however, in this computer-driven age, they still offer courses which do not require a class room setting or a computer. The program consists of 15 instruction modules written to take you step-by-step through the techniques and skills you'll use. Instruction module 1 covers learning strategies and the paralegal profession and instruction module 2 discusses the US Court System and written communication. The total price of the degree in paralegal studies is $1008.00

The Professional Career Development Institute based in Norcross Georgia, also offers a paralegal correspondence option and it is less costly, amounting to a full tuition of $889.00. The program is divided into 20 lessons which cover the important aspects of being a paralegal: how to investigate facts, draft documents, and do legal research. Lesson 4, constitutional law, covers the legal powers of government; the Constitution; the Bill of Rights; landmark Supreme Court decisions; the importance of a court’s opinion; briefs explained; First Amendment rights. Lesson 6, tort law, covers types of torts; understanding tort law in contrast to other kinds of laws; torts and money; intentional torts; negligence; liability; how torts are proven.

Thompson Education Direct can be reached at PO Box 1900, Scranton, PA 18501 {1-800-275-4410, info@educationdirect.com, www.educationdirect.com} and Professional Career Development Institute can be contacted at 430 Technology Parkway, Norcross, GA 30092-3406, 1-800-223-4542, info@pcdi.com, www.pcdi-homestudy.com

Karin Elsea
Legal Questions


Paws -ing to Bloviate …by R.Udeasheck

I Receive Mail & Find Out What People Need:
Not everything, which appears in the newsletter, is the product of our own highly questionable literary efforts. We select articles which are not generally available to death row, and which one or more of our members have read, found interesting, and want to share. This is true for the article we published on page 7 of the May issue (part II of which will appear in next month’s issue). Normally FDRAG has published such articles with no reaction from our readers; this time however, it’s a different story: A couple of readers have thoroughly chewed my tail (I guess so I don’t have to…?) One reader tells FDRAG that the quality of his life would be much improved if the articles in our newsletter offered him something besides hatred to aspire to. Now, I once read an article that convinced me to try a recipe for Bloody Scotch; and there was that one time, when Miss Hannah read an article that convinced her to take me to the vet and have me fixed, even though there was not a damn thing wrong with me…. But honestly: if reading a single article can inspire you to hatred, maybe you ought to examine the emotional investment you put into your reading our articles; and, just for the sake of argument, if a single article can challenge your point of view and make you care enough to write us a letter in order to defend what you believe in, maybe we have aspired to something positive, after all – you & us, together. The FDRAG Newsletter is not, of course, as some of you seem to imply, an advocacy tool – how can it be? We are not advocating to you, we are communicating with you. The DOC is not the recipient of the newsletter. You are. Another reader complains about the same article in more detail, and asks: “My first question is on the authority at the command of George W. Bush during his tenure as the as the Governor of Texas. I’m referring to statutory prohibition in particular. I am not familiar with Texas law and it’s been brought to my attention that Bush did not have the authority, on his own, to grant clemency or anything more than a 30 day stay of execution. Can you publish the Texas statutes on this matter?”
But of course:
“Art. 48.01. [952] [1051] [1016] Governor may pardon: In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishments and pardons; and upon the written recommendation and advice of a majority of the Board of Pardons and Paroles, he shall have the power to remit fines and forfeitures. The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed 30 days; and he shall have power to revoke conditional pardons. With the advice and consent of the Legislature, the Governor may grant reprieves, commutations of punishment and pardons in cases of treason. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 2.019, eff. Sept. 1, 1995.”
In a related story, Governor Rick Perry on May 18 rejected the Parole Board’s recommendation to grant clemency and rejected petition for a stay of execution for Kelsey Patterson – and the reader’s point is, of course, that the parole board gave no such recommendation in the Karla Faye Tucker case. So perhaps we should simply not be upset that then-Governor Bush saw fit to
make fun of a condemned woman’s plea for mercy – a plea, which she incidentally never, ever made?
The reader makes several thoughtful points in his letter, and unfortunately I can only address a few here. He digs up a silly remark I made in my last column and proceeds to beat it with a shovel: “So what if Scalia is a paid judicial prostitute? That’s fresh news?” No. No it isn’t (but I did find it interesting that Scalia himself admitted it so explicitly.) “And it serves our purpose how?” You know, I suppose it doesn’t; and if you wish to limit the FDRAG newsletter to a format, which exclusively serves this narrowly defined purpose, the complaint is certainly valid – incidentally, the FDRAG newsletter would then also cease to be a newsletter and most likely become a bi-annual prison issue progress report. Still, I can appreciate that the war in Iraq is a divisive issue, and the article on page 7 offended readers who feel that the United States “did the right thing” in that flower-covered, grateful nation. Therefore, in the future FDRAG shall promise to do its best to present a more balanced content, and as much as possible take the moral high ground – it shouldn’t be too difficult, either. These days, we’ve heard it just means that making people wish they were dead is a vast improvement over actually killing them. Just like the administration, we can have our cake and walk it, too!! 1
Speaking of death and killing, our reader continues: “Some folks need killing and that’s a fact. Because whether in a free society or caged they’ll continue to kill without compunction. That’s the worst of the worst. Exactly why the death penalty is a necessary evil.” But here’s the rub: Try as we might, we have yet to agree on the interpretation of a set of guidelines by which we define “the worst of the worst” – it keeps eluding us; it always has, and chances are it always will. Take, for instance, “a great risk of death to many persons”. How much risk equals “great” and what number of persons constitutes “many”? And “heinous, atrocious, and cruel”
Is in the eye of the beholder, is it not?2 Mental retardation was no reason to find a sentence of death unconstitutional – until it was. Until then, we did indeed kill the retarded without compunction (or, perhaps more accurately, without mercy.) Most of the people we killed had needed lots of things all their lives that we never saw fit to make even the slightest of effort to give them.
I’ve been making a list of things people need – and I am up to thing #103, and killing still hasn’t entered into it. And we haven’t even begun to address the innocent people who, as a simple matter of statistics, have been killed by the arbitrary, capricious system that is the death penalty— those who, by default, apparently “needed killing”, too. Of course, when occasionally coming uncomfortably close to ‘simple murder’, it is so much more pleasant to consider the proposition from a perspective of ‘need’, rather than ‘desire’ – even though the latter would be closer to the truth. So we manufacture the need. What I need now, I think, is to go out for a walk. Since I don’t need to spend hours chewing my tail thanks to my readers, I can leisurely stroll down the road, humming that corny old song: What the world / needs now / is…. Oh, well…….never mind.
1) ‘Cakewalk’: Defense Policy Board member Ken Adelman re. The war in Iraq.
2) Thanks to David Von Drehle: “Among the Lowest of the Dead


THE FDRAG
Share-a-book program…

Each month, FDRAG will collect book wishes from the readers of our Newsletter. In order to submit a book wish, simply fill out the form below, send it to FDRAG and your book may be one of the 10 book titles, which will be drawn each month, and purchased via Amazon.com. Because we want this program to benefit as many as possible on our shoestring budget, we ask that you pass on your book when you’re done reading it.

FDRAG & MEMBERSHIP USA
This group is created by families and friends of death row prisoners in Florida. It is a given that this group is against Capital punishment, however, this group concentrates on making the living conditions for death row prisoners tolerable. We also commit to work on making changes that will improve the quality of living in that particular environment called Death Row, and to help keeping the standard that already exists. Everyone who is willing to work for basic human rights is welcome. For further information please contact a member near you:

Hannah Floyd,
137 N Walnut St Apt 10,
Starke Florida, 32091
Tel: (904) 964 4303
Email: hannahfloyd@yahoo.com

Dianne Abshire, if you need help to find a friend
9673 State Rt. 65
Ottawa Ohio, 45875
Tel: (419) 523-5816
Email: afua@who.rr.com

Miscellaneous Questions
R. Udeasheck. Also at FDRAG’S location, we will then forward the mail to the rude creature.

The Information package For inside the USA contact:
Karin Elsea
1400 East West Highway #710
Silver Spring, MD 20910

For some Christian fellowship contact: Chris C/O Grace community fellowship
P.O. Box 1072
Starke Fl. 32091
He is looking forward to your letter.

Information package overseas Jolanda Arends
Treiler Straat 168
NL-1503 JM Zaandam
Email: Jolanda-arends@zonnet.nl
+31-75-616-48

Greeting cards etc,,,,!!!!!! Please address requests to Above mentioned Karin

May 13 USA:
Justice raises objections to the death penalty…..
Supreme Court Justice John Paul Stevens says that he believes the death penalty is constitutional, but that the country would be better off without it. Stevens, 84, said he would feel much better if more states would "really consider whether they think the benefits outweigh the very serious potential injustice, because in these cases the emotions are very, very high on both sides and ... there is the special potential for error." Steven's comments appear to be the most pronounced statement a Supreme Court justice has made against the death penalty in years. He has criticized the death penalty before, but mostly in written opinions. "I think this country would be much better off if we did not have capital punishment," Stevens told hundreds of lawyers and judges Monday night at the 7th Circuit Bar Association dinner. He also called the death penalty "an unfortunate part of our judicial system." Supreme Court Justice Stephen Breyer, who also attended the dinner, declined to comment on the matter. The high court ruled the death penalty unconstitutional in 1972, then reinstated it in 1976. Stevens, the court's oldest member, joined in 1975. (Source: The Star-Ledger)




Florida Death Row Advocacy Group

137 N Walnut St
Box 10
Starke, FL 32091


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