Contents


FDRAG Home
Legal Commentary
News from the inside
A Father's Love
June Birthdays
From the Inside
Modena Italy
From Abe
Conference Report
Book 'em Danno
Share-a-book
Membership
A Joke


All Newsletters

Florida Death Row Advocacy Group

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

Happy Fathers day

FDRAG NEWSLETTER
PUBLISHED MONTHLY BY FDRAG
VOLUME –VI- JUNE 2005

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


Legal Commentary

Legal Analysis, Karin Elsea

On May 23rd, the US Supreme Court ruled (7-2) in Deck v. Missouri that it is unconstitutional to force capital murder defendants to appear before juries in chains and shackles. Monday's decision involves sentencing hearings in capital murder cases. Shackling nearly always negatively affects the way the jury perceives the defendants and indicates to the jury that court authorities consider the offender dangerous. The decision left room for court personnel to handcuff defendants, but only if they pose a special security risk, Holbrook v. Flynn, 475 US 560. Florida Supreme Court (FLSC) Capital Decision Review
Van Poyck v Florida (May 2005) Relief Denied
Defendant appealed an order of the circuit court denying a motion for post conviction DNA testing under Florida Rule of Criminal Procedure 3.853. Defendant alleged that DNA testing could establish that Valdez and not Van Poyck was the triggerman and that this evidence would mitigate his death

sentence because the sentence was based on the mistaken belief that Van Poyck was the triggerman.
At issue before the court is whether DNA evidence establishing that Van Poyck was not the triggerman creates a reasonable probability that VP would have received a lesser sentence.
Reasoning: The trial court did not rely on Van Poyck’s triggerman status to impose the death penalty; it found that the death penalty was an appropriate sentence because the mitigating evidence presented was insufficient to outweigh the aggravating circumstances. None of the aggravating circumstances found by the trial court were based on Van Poyck’s triggerman status. Thus, the FLSC rules that there is no reasonable probability that Van Poyck would have received a lesser sentence had DNA evidence establishing that he was not the triggerman been presented at trial.
Information: Fla. R, Crim. P. 3.853(b)(3) states that a petition of post-conviction DNA testing must include, among other things, a statement that the petitioner is innocent and how the DNA testing will exonerate him/her of the crime, or a statement how the DNA testing will mitigate (lessen) the sentence received.

A father’s love for his child never fades (Time after Time, Alien 1983)
Michael Bruno
It’s a line from a song called Time after Time that I wrote with my band, Alien, back in 1983. I was taken away from my children when my son was 15 and my daughter was 11. They are now 34 and 30. When I first came to the row, visits were often. My parents lived in south Florida and even though my children went to live with their mom up in New York, I was still able to see them on a regular basis as I’d have them flown in to grandma and grandpa’s and my parents would then drive my children to see me. As the years went by it became harder; my dad passed away, my mom is hospitalized with Alzheimer, and the children have grown up, with little ones of their own. It’s hard for sure to make regular trips from New York and Connecticut to Florida especially with young families of their own. However, as parents we miss our children and want to share their lives as much as possible. I was reading one of FDRAG’s newsletters when I came across the article in which a member of FDRAG was offering a free trip for someone who had not had a family member or a loved-one visit in a while. I thought to myself, would it not be great if I could win that trip for my daughter Lisha - a single mom, working her way through college to make a better life for herself and her daughter – whom I had not seen in 5 years.

What a gift it would be if I could get her a free trip! My expectations were low because I had never won anything. I had to work hard for everything but I wrote to DRAG anyway not being able to pass up the chance.
A few months later, having forgotten all about it, I received a note from Hannah Floyd at DRAG, telling me that I won the family visit for my daughter and granddaughter to fly to Florida. I was elated beyond belief, plans were made, and my daughter flew in for my birthday in April for a much needed and joyful visit. Although I am sorry that my grand-daughter could not make this trip (for reasons beyond our control) I was able to share two great days with my daughter in the best father/daughter visit I’ve had in 19 years! All this thanks to the anonymous donor and to FDRAG. You made me one happy man and I want to thank everyone at FDRAG from the bottom of my heart. Keep up the great work you do for all of us. You are all appreciated very much.


News from the inside

How weird a concept time is. I feel I just prepared the last newsletter and now I am way behind again. At the same time I can’t remember time ever moving this slow.
James got a trial date now, August 30th – hope the state come to their senses before that, and just let him come home.
I am sorry about not being “all there” – I am way behind with mail and I have no excuse but to say I am so on the edge and focused on James that I have little room for much else.
I can tell you though, that I get messages from people who spend time with Johnny Melendez, who wants to make sure that I pass on what he is doing so you all know he has not forgotten.
On page 7 and 8 you can read about his work to help you all - You are constantly on his mind and his entire life evolves around telling people about your situation.
I also heard from Rudolph Holton who is about to come home after this “second time around”, he is asking me to tell you all hello, and that he is determined to do better this time.
Another good thing! Jeffery Weaver had his sentence overturned and is no longer on death row - he got a life sentence instead.
Gregory Capehart also wrote to let you know that he finally after 18 years got approved to get a DNA test, he got a new trial and has a pre-trial in late June!
So, good things are happening – Thank God.

Speaking of good things.

Over the past few months I have received some letters in regards to color TV’s on death row. So…...I contacted Secretary Crosby and told him about your request, and the results is that color TV’s will be available to you too!

Not over night, so please be patient, policies have to be changed and these things can take a little time. But…..Color TV’s will be available to death row.?

And here is a little reminder to all about how blessed we are in regards to visitation, and how we have to be so very careful not to break rules and do our own thing.
I just came back from St. Petersburg and the Pinellas county jail.
After driving hundreds of miles I got to visit 30 minutes- yes- thirty minutes. And not even behind glass - no, James was in a different building and the visit was on video.
So please all, count the blessings you have and make sure to keep them. ------

The antenna situation is still being worked on at FSP. As I have told some of you there, we got a donation from an organization in Europe to help out with that, but there seem to be different views on whether it is still a need. If you will, please try and contact the warden again and explain the situation, it looks like someone has passed on some incorrect information.
Before I close this of I would like to thank all of you who have written with good wishes and prayers. I am passing on every single one to James (Ali).
Take care, stay hopeful and know that Gods loves you.
Hannah
PS. Be sure to read Abe’s message closely, and make sure to respond. The greater the interest the bigger the chance for it to happen. Looks to me like an offer you can’t refuse.

Book drawing postponed this month,
Too much work and too little time, we will do those extra books next month and your submissions are saved and will be in the July Drawing. Sorry about that!


June Birthdays Congratulations!

  Name date
  Rodney Lowe 02
  Seburt Connor 05
  Anton Krawczuk 08
  Larry Mann 09
  J. Parker 11
  James Dailey 11
  Joel Diaz 13
  Roger Cherry 14
  Rory Conde 14
  Chadwick Banks 15
  Kevin Foster 16
  Anthony Lamarca 16
  Franklin Floyd 17
  Perry Taylor 19
  Richard Lynch 19
  Michael Rivera 25
  Paul Howell 25
  Richard Henyard 26
  Fred Anderson 26
  Ronald Knight 26
  Juan Rodriguez 26
  William Elledge 27
  Douglas Meeks 28
  Norman Grim 29
  Gary Lawrence 29
  Robert Peede 30
  Brandy Jennings 30
 
Rory Conde is turning 40 and Anthony Lamarca is turning 50 This month
HAPPY FATHERS DAY

A FATHER
A father is a man who cares…
A father iss a man who shares…
A father is a man who guides…
A father is a man who provides…
A father is a man who teaches his child right…
A father is a man who kisses his child goodnight…
A father is a man who disciplines his child when the child is wrong…
A father is a man who goes to the ball game and carries his child along…
A father is a man who sends his child out into the world prepared…
A father is a man who stands by his child when no one else dared…
A father is a man who loves his child and tells his child so…
A father is a man who although he will let his child live his life he will never let his child go…

Submitted by Saifullah - YHWH