The same scene was repeated earlier this year when the state freed Rudolph Holton after 14 years on death row.

The two men are among 24 people released from Florida's death row since 1972. Another death row inmate was exonerated months after he died while awaiting execution.

"God only knows how many people they've killed were innocent," said Melendez, who now travels the country speaking against the death penalty.

The Florida Commission on Capital Cases released a study on Sept. 10, 2002, which outlined the circumstances of 23 releases and the case of Frank Lee Smith, who died while on death row. Holton was released after the study was conducted.

Four of the cases reflect men who authorities later believed were innocent. Smith died in 2000 before DNA evidence could exonerate him of the 1985 sexual assault and death of an 8-year-old Miami girl. Freddie Lee and Wilbur Pitts were pardoned by Gov. Reuben Askew in 1975. Gov. Bob Martinez pardoned James Richardson in 1989 after Janet Reno, then a special prosecutor, determined evidence was suppressed, witnesses lied and another suspect wasn't investigated.

The remaining 20 cases were sent back to trial courts, seven because of evidence issues, seven because of witness issues and six for issues involving court officials, according to the study.

In those cases, eight were dropped or dismissed for a variety of reasons: witness recanted; prosecutors did not want to subject witnesses to further trials; witness had died; evidence was lost or missing. Ten inmates were either acquitted at retrial or by the courts. Two pleaded guilty to lesser charges.

"There are problems in Florida," said Martin McClain, an attorney who helped free Holton and Melendez.

Roger Maas, executive director of the death penalty oversight commission created by the Legislature, said that although death row inmates have been released for a variety of reasons, many were probably guilty.

Prosecutor Mark Ober refused to say Holton was innocent when he was freed Jan. 24. The Florida Supreme Court ordered a new trial and prosecutors reluctantly determined they did not have enough evidence to retry him for the 1986 murder of a Tampa teenager.

"I am not saying loud and clear that Rudolph Holton is innocent," Ober told reporters at the time. "I am saying we cannot prove his guilt beyond a reasonable doubt."

The high court had ordered a new trial because prosecutors failed to share some evidence with Holton's lawyers. Also, DNA test results proved a hair believed to be Holton's actually belonged to the victim and fellow inmates recanted their testimony.

A document found years later by an attorney the state assigned to Holton helped free him. It was a statement from the victim which said she had been raped by another man about 10 days before her death.

Holton declined an interview, but criticized the death penalty when he walked from Union Correctional Institution

"It's got a lot of holes in it and it doesn't work. The system needs rearranging," he said. "Freedom is like a feeling you really can't describe."

Finding the document to free Melendez was a fluke, McClain said.

The newly discovered evidence consisted of the transcript of a taped interview conducted by Melendez' original trial attorney and notes from the prosecutors' interview with another man, who implicated himself in the slaying.

The state decided to drop the charges after one witness, John Barrien, recanted much of his testimony and another witness, David Falcon, died in the late 1980s.

McClain said it was just the right set of circumstances that allowed the two to be freed.

"It makes you wonder about the people whose stars aren't aligned right," McClain said.

But Chip Thullbery, a spokesman for the Polk County state attorney's office, said he does not believe Melendez should be a free man and disagrees with the court's decision to overturn his conviction.

"We, in no way, agree with his assertions that he is not guilty," Thullbery said.

Melendez now speaks to groups around the country about the death penalty.

"I tell them how wrong it is," he said.

Melendez spent 17 years, eight months and one day on death row. He said he harbors no hard feelings against anyone, even though he claims he was sent to death row based on lies.

"I don't have time to be hating people," he said.

The 51-year-old Puerto Rican said the death penalty was created for political reasons.

"The death penalty is for politicians to get votes to show they are tough on crime," he said. "It's about hate, vengeance and anger."

The former prisoner, who now appears in sunglasses and a beret, said he believes there are innocent people remaining on death row.

And he said he had accepted his fate before being freed.

"I was ready for death or spending the rest of my life in prison."

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On the Net:

Columbia University Law School, James Liebman study:

http://www2.law.columbia.edu/brokensystem2/

Florida Commission on Capital Crimes: http://www.floridacapitalcases.state.fl.us/

AP-ES-07-06-03 1046EDT