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

In memory of Paul Hill

Killed by the State of Florida
September 3, 2003

Newsletter September, 2003

News About the Situation at CCRC

The Capital Collateral Counsel - Northern Region (CCRN) was closed on June 30, 2003 in a legislative "compromise" that the left the Middle and South Regions operational. The handshake agreement was that the other two CCRs would be left alone for at least 3 years.

Several CCRN personnel went to work for the South Region: the North's Chief Assistant, John Abatacola, went as a lead attorney. Two second chair attorneys, Tiffany Murphy and Celeste Bacchi, and two investigators, Rosa Greenbaum and Dan Ashton, also went to the South.

A few cases were transferred to one of the other two CCRs, but most went (or are going) to the Registry. The Registry is a statewide pool of attorneys who have qualified to do capital post-conviction work and have agreed to do so. To qualify, an attorney must have at least 3 years of experience and have participated in a combination of 5 felony jury trials, felony appeals, and/or capital post-conviction evidentiary hearings (in other words, in the eyes of the State, an attorney with 5 felony DUI trials is qualified to do Death Penalty appeals).

Briefly and generally, the Registry works this way: Florida Statutes 27.710 and .711 make specific provision for Registry counsel and outlines the resources they have at their disposal. An attorney is paid (by the State) only at certain key points in the process, primarily 1) upon filing a fully pled 3.850, 2) when a judge rules following an evidentiary hearing, 3) when the Appeal of the ruling and a State Habeas Corpus petition are filed with the Florida Supreme Court (FSC), and 4) When a trial court issues an order if the FSC remands it back. This fee schedule encourages an attorney to hurry things along since they only get paid at specific points. The argument that this creates a conflict of interest between the attorney and client has been rejected by the FSC. The Statute also provides for investigative and Expert/miscellaneous expenses. The degree to which an attorney may exceed these limits and be reimbursed by the State is still being litigated.

Fortunately for most CCRN clients, all the remaining lead attorneys from the North went to the Registry in attempt to continue to represent their clients. They are: Heidi Brewer, Harry Brody, Todd Doss, Jeff Hazen and Linda McDermott. Former CCRN Chief Mike Reiter also went to the Registry, and Marty McClain, a former CCR attorney who has represented several CCRN clients on a contract basis, as well as representing others through the Registry, also sought appointment on some CCR cases in order to keep as many clients as possible from having to play Registry roulette. Two former CCRN investigators, Mike Glantz and Marc Levi opened up private practices to continue representing guys on the Row by contracting with Registry attorneys.

In most cases, former CCRN attorneys filed Motions to be appointed as Registry counsel and the majority was so appointed by the sitting judge on each case. The one glaring exception to this was in Duval County were the State Attorney's Office opposed numerous such appointments. The specific numbers as of 8/11/03 were as follows:

CCR-N cases where CCR attorney sought appointment and judge has appointed counsel:

Cases from counties OTHER than Duval: 37

CCR Counsel appointed: 34 of 37 = 91.9%

Cases from Duval County: 16

CCR counsel appointed: 6 of 16= 37.5%

Percentage of cases out of Duval County: 16 of 53 = 30.2%

Percentage of rejections that have come from Duval County: 10 of 13 = 76.9%

I don't know whether or not some claim might be developed from this data to challenge Registry appointments in cases where attorneys other than CCR attorneys were chosen, but there certainly does seem to be a huge disparity.

In many of the cases where Registry counsel was appointed instead of former CCR counsel, an Objection or Motion for Rehearing was filed by either the clients themselves or by the CCR attorney who was not appointed. I don't believe that any of the challenges to those unfortunate appointments has been successful so far. The problem lies in the fact that a sitting judge has wide latitude and discretion in appointing counsel - not something a higher court often gets involved in. This is frustrating to many of us to whom it seems obvious that it is in both the client's interest and those of "judicial economy" to appoint counsel who is already familiar with the facts and issues of a case rather than someone who is starting cold - especially given the limited hours for which Registry counsel can be compensated. Nevertheless, challenging these questionable decisions is difficult. Of some hope is that the transition is still going on, and there is still a lot of chaos and uncertainty, so it's possible some sensible decisions or policies may yet emerge which aid guys on the Row in terms of getting the most dedicated, diligent counsel they can. Persistence and patience are needed.

Persistence and patience is crucial for everybody on the Row - from new guys sweating out their Direct Appeal or just starting their Post-Conviction proceedings, to those who count their time on the Row in decades. Family and friends, too, need to remember that all of this takes a very long time - an almost unbearable and frustrating amount of time. Seemingly endless Motions and Hearings and Status Conferences and all that other stuff which doesn't seem to lead anywhere or to anything but more Saturdays or Sundays at the visiting park. Far too many of the guys don't even have the VP to mark the time, which makes it worse.

From a case standpoint persistence and patience apply just as much. I can only offer the most general advice. Time in the law library is well spent because it helps you to understand better where your attorney is coming from, to understand what he or she is trying to do and it makes you a more effective contributor on your case. Remember though, that attorneys almost never have enough time to do everything that they want to do, and are constantly juggling important matters in many cases. So, no matter how frustrating it is sometimes, try to be patient, cooperative and understanding with them and hopefully they will do the same for you. So much of the legal process is not intuitive or sensible to those who aren't used to it (and often isn't even to those who are!) Developing a cooperative and mutually helpful relationship will help everybody keep the candle burning.

Peace.

(Information submitted by a concerned friend)

Some legal news from Capital Defense Weekly

Leading off this edition is State ex rel. Simmons v. Roper. The Missouri Supreme Court in Roper vacated the death sentence of Christopher Simmons Tuesday holding that the juvenile death penalty violates the 8th Amendment ban against cruel and unusual punishment. Simmons was 17 at the time of the murder for which he was sentenced to death. The case is a should read as its logic readily extends to numerous other areas and is a good cert. candidate.

Also in the lead off circle is the Fifth Circuit's unpublished opinion in Coble v. Cockrell. The issue in Coble is whether or not to grant a Certificate of Appealability, or "COA," on the issue of the whether the "special questions" and jury instructions gave a permissible vehicle to give effect to mitigation evidence. Coble was sentenced in the "notch" between Penry I and the post-Penry amending of the Texas capital sentencing scheme. The Fifth Circuit's opinion arguably has limited applicability to just these "notch" cases, but the opinion gives an excellent analysis of what has to be proven in that Court's opinion to meet the requirements of a "Penry claim," including post-"notch" Penry type cases.

Two other cases are also noted as wins. The North Carolina Supreme Court in North Carolina v. Jones, has reversed on penalty phase instructions that directed if the jury found the defendant committed robbery with a dangerous weapon it would also have found the pecuniary gain aggravating circumstance; the Court held a reasonable jury could have found the former without finding the latter. In North Carolina v. Nobles a Confrontation Clause violation was had when the state apparently did nothing to compel a witness's live testimony but rather relied on prior testimony.

In this week's notable lost category two cases from Kentucky and one from Florida are noted. In Hodge v. Kentucky counsel for the condemned aggressively attacked the current "docket control by execution date" mentality plaguing that state, most notably, on the time limit imposed by execution warrant to file state post-conviction petitions and the seeming denial of equal protection by shortening the time to file a post-conviction petition. In Parrish v. Kentucky terse dissent, portions of which are presented below. Finally, in Florida v. Knight n/k/a Muhammad the Florida Supreme Court has reversed a trial court's grant of relief, but appears to concede, albeit sub silentio, that Brady is applicable to the penalty phase of a proceeding, a possible first for that Court.

News From the Inside

I will keep this very short as we have two other pages of FDRAG member writings in this issue. We chose to do that because we so often hear from you that: "You don't know what it is like where we are at!". And that is true. We don't! And you do not know what it is like to be out here, witnessing the madness and not being able to do much more than we do, and still almost always feel guilty for not being able to do more. So….. Two pages of a little insight to how it is "out here".

The food situation along with the sanitary conditions you live under, are being reported as getting worse almost by the day. Some of our members have been in contact with people in the health department in regards to the filthy bathrooms and dirty floors with weeks old food. They are still communicating. So hopefully we have more news about that in the next issue

Penpal situation…

We have been informed of the magazines that are no longer permissible along with the pen pal organizations who's mail will be returned. :

• Vibe
• Inmate Connection
• Flick Me
• Addie Houghton
• Paper Wings
• Hearts Behind Bars
• Friends till the end
• Pampered Prisoners
• Michelle Ronconi
• XxL and
• FHM

As far as we have heard the list is growing, so try to make sure that you do not receive mail with labels coming from these organizations. Private names and addresses still worksJ

Money orders

Also - for every one who does not know. The money orders being send to the institutions will all be returned. And there are NO TIMELIMITS for the mail rooms at the prisons as to when they have to return the money orders. There are money orders back from June in the mail rooms still waiting to be returned. So... if you wish for your money to end up on your accounts - Make sure your loved one send money orders to Tallahassee -which incidentally would be according to DOC rules at least a year old...!!!!!!!!!!!!

Art work

And a warning. Art work send from you to us has disappeared. We are still trying to locate it, but it is to big of a risk. If at all possible try to get a copy made and send the copy, or leave the art at the gate for one of us to pick up. Or…. make sure to send your art priority. If you have problems financially sending it that way.(ten stamps) Let us know and we will send you a stamped priority letter envelope..

We are still in need of Art for the Web-page design, and the front page of the newsletter. So please..

We have also decided to get under "the umbrella" of CUADP which hopefully will benefit us all in more ways than one. Our first project will be to try and raise funds to get the newsletter in to all of you, but more about that later..

This was not very short was it?

The next newsletter will be somewhat late too, as yours truly along with Dianne are joining the Journey Of Hope for a week or so in Ohio, along with Abe Bonowitz and Juan Melendez.

May the one creator of us all bring you peace. Hannah

Submitted by John Taylor…FSP

To all death row supporters!

Over the last eighteen month, a number of death row prisoners have written numerous requests and grievances, trying to get the D.O.C to allow death row prisoners to purchase a colour TV. The responses have been that it is a security risk, or the DOC only has B&W TV's under contract.

Here at FSP the DOC is buying 13" colour TV's for Close management prisoners. Which are supposed to be the worst of the worst prisoners. Death row prisoners want to be able to purchase his /her own colour TV and at no expense to the DOC. There is a law called "liberty interest" which means the DOC cannot give one prisoner something and not another. There is case law on liberty interest; Cocran vs. Morris 73 F 3rd 1310-1318 4th Cir. 1996, and Sadin Vs. Conner 115 ct. at 2299-2300.

Now I turn to all family, friends and death row supporters to get involved in calling and/or emailing the DOC administrators in Tallahassee to FSP, and to UCI.

It will take the help from outsiders to get us colour TV's.
………John

Paul Hill's Execution
by Dianne

Paul Hill, abortion doctor killer, was big media in the final few weeks of his life. And, his supporters (primarily the "Army of God") became a huge media sensation themselves recently due to their radical approval of killing anyone who acts in opposition to what they believe their God wants done-in this case, specifically the killing of doctors who perform abortions. This has always been a very confusing concept to me as well as to others who are abolitionists: We kill people who kill people to demonstrate that it is wrong to kill people. There's some pretty sick logic going on here, but the "eye for an eye" mentality lives on in the hearts of many people.

About a mile or more from the prison, a flashing sign warned that all vehicles beyond that point are subject to being stopped and searched. To the left sits a long white vehicle, the blackened windows making it look suspiciously "FBI-ish". Guards stand in front of every entrance to the two prisons on Route 16 making sure that nobody enters the grounds without proper authorization. As we turn into the designated vigil area, our car is stopped by a small group of correctional officers. We are first asked to show a picture ID, and without it, we can't proceed any further. The guard checked our photos against photos of dozens of faces copied onto page after page of what I assume to be some sort of "known extremist" list. Luckily we weren't flagged as a problem and we next consented to have our car searched. Trunk and hood up, the guards looked around while sniffing dogs circled the area. After passing inspection, we were finally handed a sheet listing what was and what was not allowed into the vigil area. Final item on the list: "No Cameras."

The short drive to the parking area was roped off with yellow "do not cross" tape. I'll spare you any comments about this being marked as the "scene of the crime," but those thoughts crossed my mind several times as we were inspected and carefully watched. We were at a "crime scene" in every sense of the word. The areas where those attending the vigil would stand were also roped off with the same yellow tape, and we were subliminally herded into the "pen" of our choice, depending on our loyalties: anti-death penalty, pro-death penalty, and the Paul Hill is a hero faction.

I naturally sought out the anti-death penalty "pen," which happened to be in the middle of the two more extreme groups. It was a quiet group, 20 or more people were splintered off into small groups of four or five people standing here and there, talking quietly, and many holding signs stating such things as "Martyrdom in Progress" and "We remember the victims, but not with more killing." I have friends here---People who bear the same sadness and pain at knowing that a life is deliberately being taken-a state-sanctioned killing was in progress and we were united in our helpless to sway or affect the outcome. I seek out familiar faces. We greet each other in the rain, and we hug and comment on the madness that surrounds us, and we wait.

To our right stand the Paul Hill supporters-offensively loud and annoying in their declarations that God's will was being done. They preached hate with venom. Their signs were obscene and blatantly in-your-face-from a mix of "Paul Hill is a Hero" posters to blown up photos of dismembered fetuses and severed heads of aborted babies. Their young children wore these aborted fetus posters around their necks like bizarre pieces of treasured jewelry, and they were paraded around for the media and everyone present to see. I'm sure the media filmed and photographed these children, but the visual imagery was thankfully too foul to be shown, and these ghastly images will remain unseen by practically all but those present to see them first-hand.

To our left were a few pro-death penalty supporters, the smallest group of the three. But, even though they were few in numbers, they were loud and full of hate. A man with a bullhorn blared out the time in minutes until execution: "THERE ARE NOW THREE MINUTES TILL THE JUSTICE OF GOD IS CARRIED OUT."

Within minutes of our arrival, the hate from these two opposing sides meshed, and I was soon no longer aware of whose God was blessing the actions of the day, and whose God was condemning it. Obviously there were several Gods involved in this power play, and in time, the flashing thunderbolts aimed at each other by these warring Gods were starting to stray off course. At one point, a three-pronged bolt of lightening appeared to come down directly on top of the death chamber itself, and the crack of thunder was so loud that it was reportedly heard by those inside the death house. Another bolt of lightening struck the ground near the media area, kicking up a cloud of dirt and making people in the area jump and scream. It was a very surreal environment. What were we doing here?

As 6:00 came and went, a few media people still wandered through the various compounds. A lone helicopter circled the prison grounds as the reporters continued to ask their questions and quietly talk with people as they had done all day. A murmur eventually circulated through our group that Paul Hill was dead. It was over. A trumpet from within the compound of Hill supports played taps while people slowly began to fold their signs in the rain and walk away. Photojournalists congregated in the front of the vigil area to angle for a good shot of the hearse as it left prison grounds, and they waited to see the van carrying witnesses pass by on their way to the media area.

Breaking with tradition, we were all asked to leave the prison grounds immediately. Normally vigil members had access to the media area after an execution and are able to listen to reports of final statements, but not on this day. Security was tight. Witnesses were cloaked in secrecy, their identities unknown, and nobody was allowed to remain on the grounds. As the final cars exited back to Starke, the white bus carrying the witnesses slowly pulled away from the death house and approached the waiting flock of media.

The execution of Paul Hill has passed and has now gone down in history. In the minds of many, he has been rightly executed, and justice has been done. Minds and hearts are at rest. Closure has been obtained. God's word and wishes have been obeyed; regardless of which side of the debate you stand on, or in which God you place your trust. I can't help but be disturbed at the lack of compassion and forgiveness shown by these religious extremists. Both profess to be speaking the "will of God," yet where was the compassion in screaming that Hill would now go to the hell which he deserves? Where was the forgiveness in failing to accept beliefs different than your own? How is closure shown by allowing the State to take a life as revenge?

Life is precious, whether it be that of an unborn child or a man living in isolation on death row. Maybe the lesson to be learned by the killing of Paul Hill is a simple one. Forgiveness and acceptance are necessary for humanity to continue.

And how do we get that by doing what we do?

Abe with his political approach and his ways with the media?

Hannah with her anger towards the "good Christians" who were not there and who left the stage to the fanatics, and asking: what happened to compassion, love, mercy, grace and forgiveness?

People who show up at the rally's because it is plain wrong?

People of different beliefs and faiths, but on common ground for believing killing is wrong?

There is no right answer, I just know we are all needed to win this battle - each with our different ways to cope, act and move on. We just got to move on…DIANNE….

Paul Hill's Execution
by Hannah

A tiny part of the press that were present

It is now 7.30 Florida time, on this Thursday morning- September 4^th 2003 - I can't remember ever feeling this tired after a rally! Emotionally more than anything.

Never in the years I have spent in USA has the craziness of it all been so obvious. The prison ground was heavily guarded, with state troopers, sheriffs cars, police cars, and helicopters flying over our heads- each and every car was searched, we had to show our ID, and we were not allowed to the media area after the killing.

And what did I see?

Little kids, toddlers practically, walking around with big posters tied around their neck, with cut up dead babies, babies dismembered and bleeding. And these kids with no life on their face just aimlessly walked around, not knowing what was going on, except for what poison their parents have been feeding them since they had ears to hear...

One of FADP's banners

Being there, there are no time for emotions, you do your thing, you talk to the media, you try not to remember Paul hill as the nice human being who always smiled in this quiet polite way. You try to distance yourself from the idea that these kids with the posters are growing up to be new Paul Hills, -you try not to be very angry when you watch the fanatic parents who thinks they are doing something good, -and doing it in the name of all that is mercy and goodness- you try not to hear the disturbed person who every few minutes, in a loud angry voice, is spitting out the time and the minutes until, according to him " the Lords justice is being carried out".

To my left I have the pro death penalty people - who for the first time is more than two in numbers, and who are there in the name of God. To my right this pretty big crowd of people with their children - their very offensive and untruthful signs, with their balloons and trumpets and prayers and hymns...

The pictures are all Dianne's except the one above. We found that one on the web page of the pro-lifers who hung the horrible pictures around the necks of their kids. Beyond comprehension!

At 6 o'clock I know they are killing Paul Hill. And Abe starts his speech as he has to, that is why he is there, and in the back of my head a voice stars to whisper, -around my heart the walls starts to crumble, - I want to whisper to Abe, who I love dearly- Shut up Abe, please, - say a prayer, a human being has just been killed - a human being has just been killed- three kids just lost their daddy- a mommy just lost her son, a wife her husband- Then I shut the voice up- I have to- and I rebuild the walls around my heart- we finish what we came for, we go to have something to eat, we have our meeting- and then I finally arrive home- allow my self to be human -and I weep.

For the human race and the evil in it, and I feel so utterly ashamed for being a part of this group of people who call themselves followers of Christ - those people who are carrying out all this evil in the name of God, and I know that even God left religion long time ago, he left his churches and the doctrines. He found new ground to build on, In all the people who are not religious, who just do things because of a sense of right and wrong, good and evil, Justice, love, understanding and compassion... that group that was not to my left or my right- but right there in the middle with me- because that is who he is and always was, this God who's name is being used to kill and spread hate and evil. This God who in his every heartbeat say: MERCY…. MERCY…MERCY…

I have no more tears. I am just tired.....Hannah

Dianne, Abe and Hannah right before leaving the horror show they just witnessed.

Spiritual Corner

Within each of us, is a spark of Light, which connects us to our Creator. This "corner", is not about religion or conversion. It is about each of us...our humanity... how we each at times, lose our direction and personal power, and how we may find them again. Our purpose for this segment is to encourage empowerment, discernment, hope, Oneness and the integration of spirituality into daily life, regardless of the name by which we call the One in the darkest nights of our souls. We welcome both comments and suggestions.

People are often unreasonable, illogical and self-centered. --- Forgive them anyway. If you are kind, people may accuse you of selfish, ulterior motives --- Be kind anyway. If you're successful, you'll win some false friends and true enemies.--- Succeed anyway. If you're honest and frank, people may cheat you. --- Be Honest and frank anyway. What you spend years building, someone could destroy overnight. - -- Build anyway. If you find serenity and happiness, they may be jealous. --- Be happy anyway. The good you do today, people will often forget tomorrow. --- Do good anyway. Give the world the best you have, and may never be enough. --- Give it anyway. You see, in the final analysis, it's between you and God.--- It was never between you and them anyway. -- Mother Theresa

The ZEN RIDDLE IS BACK True Knowledge Not-knowing is true knowledge presuming to know is a disease. First realize you are sick; then you can move toward health. The Master is her own physician. She has healed herself of all knowing. Thus she is truly whole. Questions "Not-knowing is true knowledge." What is true knowledge? If the Master is her own doctor, how will she fix the world's sickness? "Thus she is truly whole." What does she understand? Commentary: Sugar is sweet, salt is salty. If you have no tongue, what do you taste? The child likes candy. Anyone interested in exploring meditation can write to the below address for an interfaith meditation packet: The Gateless Gate 20 West University Ave (301G) Gainesville, Fl 32601

A religious man is a person that holds God and man in one thought at one time, at all times, who suffers harm done to others, whose greatest passion is compassion, whose greatest strength is love and defiance of despair. -Abraham Joshua Heschel I have one life and one chance to make it count for something . . . I'm free to choose what that something is, and the something I've chosen is my faith. Now, my faith goes beyond theology and religion and requires considerable work and effort. My faith demands -- this is not optional -- my faith demands that I do whatever I can, wherever I am, whenever I can, for as long as I can with whatever I have to try to make a difference. -Jimmie Carter.

Announcements, birthday's and…

September Birthdays -Congratulations!!!

Stephen Booker John Ballard James Duckett Harry Jones Jerry Wickham David Miller Daniel Peterka

George Brown Milford Byrd Crosley Green Eddie Davis John Marek Dana Williamson Emanuel Johnson

Jerry Haliburton John Taylor Lawrence Lewis Allen Cox Marbel Mendoza Chadwick Willacy Luis Caballero Manuel Pardo

Donn Duncan Steven Taylor Henry Garcia Leonardo Franqui Anthony Washington Richard Cooper Norman Parker Darryl Barwick

YEPPEE……
They finally got married….
Congratulations to Clarence Jones and Joan stewart- we wish you happiness - forever and always!

Death Row Inmates Get Legal Break

Washington post By Charles Lane Wednesday, September 3, 2003;

A federal appeals court overturned the sentences of more than a hundred death row inmates in three western states yesterday, ruling that the prisoners' constitutional rights were violated when they were sentenced under state laws that permitted judges, rather than juries, to decide between execution and life imprisonment. By an 8 to 3 vote, an expanded panel of the San Francisco-based U.S. Court of Appeals for the 9th Circuit ruled that a 2002 Supreme Court decision requiring jury sentencing in all future capital cases should also apply retroactively."By deciding that judges are not constitutionally permitted to decide whether defendants are eligible for the death penalty, the Supreme Court altered the fundamental bedrock principles applicable to capital murder trials," Judge Sidney R. Thomas wrote for the court majority. Inmates awaiting execution are thus entitled to the benefit of the new constitutional rules, Thomas wrote.The decision directly affects Arizona, Montana and Idaho, the three states within the 9th Circuit's jurisdiction that have used judge-only sentencing in capital cases. Defense lawyers who handle capital cases said it would invalidate the sentences of about 90 of the 127 murderers on death row in Arizona, along with 17 of 21 death row inmates in Idaho and five of six in Montana. If upheld by the Supreme Court, the ruling would lead to the largest single reduction in the country's 3,500-inmate death row population since January, when then-Illinois Gov. George Ryan (R), citing the "demon of error" in his state's capital punishment system, commuted the sentences of 167 convicted murderers to life imprisonment. Arizona Attorney General Terry Goddard said his state will ask the Supreme Court to review the decision. Even if the ruling is upheld, he said Arizona could conduct new "mini-trials" for the convicts with juries deciding whether to impose life or death sentences in individual cases. Montana would join the appeal to the high court, but Attorney General Mike McGrath said the ruling should have no effect on Montana inmates because their circumstances insulate them from the appellate decision. The large number of death sentences involved, and the fact that other federal appeals courts have reached contrary rulings, mean that the Supreme Court probably will agree to intervene, legal analysts said. Yesterday's ruling was the latest aftershock of the Supreme Court's landmark 2000 ruling in a case known as Apprendi. In Apprendi, the court held that the constitutional guarantee of a jury trial meant that every fact that might result in an increased penalty for the defendant must be found by a jury beyond a reasonable doubt -- not, as practices in some states under certain circumstances, by a judge, according to a more relaxed standard of proof, in a separate sentencing proceeding. Last year, in a case known as Ring v. Arizona, the court ruled that Apprendi requires juries to determine the factual basis for death sentences, thus invalidating sentencing systems in Arizona, Idaho, Montana, Colorado and Nebraska under which that job was left to a judge or panel of judges. But at that time, the court did not address the highly technical question of whether its decision should apply only prospectively, or whether people already under sentence of death could use it to revive their appeals. The case decided yesterday was brought by Warren Summerlin, whom an Arizona jury convicted in 1982 of raping and murdering Brenna Bailey, 36. Summerlin was sentenced to death by Phoenix Superior Court Judge Philip Marquardt under an Arizona law that called for a judge, not a jury, to determine whether the heinousness of the crime outweighed various mitigating factors, such as the defendant's troubled upbringing. Marquardt later left the bench and was disbarred, in part because of his confessed addiction to marijuana. The 9th Circuit Court described this as an extreme illustration of the principle that a 12-member jury is a better safeguard against sentencing error than a single judge, noting that Marquardt had not only been "drug-impaired" at the time of Summerlin's sentencing, but also had relied upon inadmissible evidence in determining the sentence."[A] requirement of capital findings by a jury will improve the accuracy of Arizona capital murder trials," Thomas wrote. In its ruling yesterday, the 9th Circuit Court essentially said that the Ring ruling had so transformed the constitutional framework governing the imposition of death sentences that it would be unconstitutional to execute someone who had been sentenced under a pre-Ring system. The three dissenting judges on the 9th Circuit panel argued, however, that Ring had changed only the procedures governing capital cases, not the substantive constitutional rights of death row inmates. As such, they said, the case could not be applied retroactively because of past Supreme Court decisions that limit constitutional appeals in capital cases. If the 9th Circuit ruling is upheld, its reach could extend to Nebraska and Colorado, which had similar laws to Arizona, Idaho and Montana and where nine more death row inmates might benefit, said Deborah Fins, who tracks the death row population for the NAACP Legal Defense Fund, an anti-capital punishment organization.

Four other states, Florida, Alabama, Delaware and Indiana, with a total death row population of 632, have used hybrid systems in which juries advise judges, but judges make the final call.

Those systems are not directly at issue in this case. In Maryland and Virginia, juries determine death sentences.

© 2003 The Washington Post Company

Art and Poetry Corner

Kindly submitted by John Huggins, FSP

A checkered Past .. Autobiography by William Van Poyck. His book can be ordered from Faith Based Association, Inc.

Sorry but we have no address, so someone will have to order the book for you. The price is 14.50 and if you don't know who the writer is, he was at FSP with Valdez but got moved after the murder and is now located in another state. He keeps in touch though.

Voices from the inside: Poetry from death row.

This book is printed in Germany and has poetry from death row in USA. We have some of you represented too. Among them Alphonso Green, and Ronald Clark.

The book can be purchased for 10 $, and you can send the request to this address:

ALIVE* e.V
Postfach 1326* 46363
Bocholt*Germany

FDRAG & MEMBERSHIP

This group is created by families and friends of death row inmates in Florida. It is a given that this group is against Capital punishment. It is however, not the purpose for this group to do anti-death penalty work, instead this group concentrates on making the living conditions for death row inmates 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. If you are looking for a group who does anti-death penalty work, we suggest you join one of the excellent groups already up and running. For further information please contact a member near you:

USA

Hannah Floyd, (Can be contacted for info on newsletter, membership, visiting, places to stay, transport etc.)
137 N Walnut St, #14
Starke, FL 32091
E-mail: Hannahfloyd@yahoo.com
Tel: 904-964-4303 or 904 964 7303

Janice Figueroa
1120 Wild Oak Terrace
Deland, FL. 32720
E-mail: Tfigu@aol.com
Tel: 386-738-3968

Karin Elsea, (Contact person for the DC/Maryland area)
1400 East West Highway, #710
Silver Spring, MD 20910
E-mail: Karinelsea@hotmail.com
Tel: 301-565-3246

Dianne Abshire
9673 State Rt 65
Ottawa, OH 45875
E-mail: afua@woh.rr.com
Tel: 419-523-5816
(Can also be contacted re: legal matters for the attention of Florida Support Group)

The Netherlands

Jolanda Arends, Treilerstraat 168
NL - 1503 JM Zaandam
E-mail: jolanda-arends@zonnet.nl
Tel: +31-75-616-4862
(FDRAG membership and info pack)