When Gov. George Ryan commuted the sentences of all 167 Illinois death row inmates in his waning hours in office, obviously his state vaulted way past Florida as the most screwed-up capital punishment place in the country.

That was so unfair. Especially considering Florida had achieved its prior status as the national leader in death row commutations the old-fashioned way - by botching one case at a time.

Without the benefit of a blanket clemency granted by a departing governor, Florida has released 25 formerly condemned men after discovering evidence that questioned their guilt.

Last week Rudolph Holton was released from Union Correctional Institution, where he had spent 16 years on death row for a murder conviction won because of dubious witnesses and police incompetence.

Sixteen years in a cage.

We May Never Know

How close did Florida come to executing a man even his former prosecutor, Joe Episcopo, now believes is innocent? We may never know.

Holton was exonerated largely on evidence that didn't exist at his original trial in 1986. Hair found in the murder victim's mouth, purported to be Holton's, was proved to be that of the 17-year-old victim, Katrina Ann Graddy.

You would think that if you lead the nation on a case-by-case basis of death row commutations, it might be just a bit of a tip to the political intelligentsia that something is rotten.

Who could possibly blame Gov. Jeb Bush, an ardent pro-life pol, if he ordered a moratorium on future executions until the state is sure it is killing the right people?

If ever there was a ``duh'' moment, this would have to be it.

Yet Bush has proposed eliminating state money for lawyers representing death row inmates, arguing that taxpayers would save $4 million a year.

Talk about being penny-wise and body bag foolish!

Instead of doing everything possible to ensure that if the state is going to kill somebody, it might be sort of a neat idea if the person actually deserves to die, Bush has decided to save a few bucks by undermining the ability of a prisoner to petition the courts.

Think of it this way: Florida's $4 million in funding for capital punishment cases applies to 365 condemned inmates, pretty much a bargain-basement figure to start. By contrast, Jeb Bush blew $1 million just to celebrate his second inauguration. Yes, he spent private money in that case, but the comparison remains.

Abe Bonowitz, who leads Floridians for Alternatives to the Death Penalty, argues that eliminating funding for death row legal representation probably would lead to increased costs down the road and a higher probability of executing innocent people.

``Maybe one of these days somebody will hit Governor Bush up aside the head,'' Bonowitz said, noting that Ryan, once a fervent death penalty proponent, changed his views after signing a death warrant for a prisoner later proved innocent.

At the moment, Bonowitz estimated, Florida has at least 10 of 365 death row cases in which there are ``serious questions of guilt, and there may be more.''

Assuming Bonowitz may be on to something, wouldn't that make the case for a moratorium on executions until the state can figure out a way to ensure it is killing, you know, guilty people?

Instead, Bush wants to speed the appeals process - but without funding legal representation for the condemned.

No Technicalities

``The bottom line is there hasn't been anyone found innocent on death row,'' blathered state Sen. Victor Crist, R-Last Rites. ``There have been people released on [legal] technicalities.''

Holton wasn't released from death row on a ``technicality.'' New evidence exonerated him, along with the admission by witnesses that they lied.

Frank Lee Smith was another man cleared of a murder charge after DNA evidence proved his innocence. But Smith wasn't released from prison because of some legal mumbo-jumbo, either. No sir.

After 14 years waiting for a governor to kill him, Smith died in his cell.

Does cancer qualify as flouting justice with a ``legal technicality''?

Columnist Daniel Ruth can be reached at (813) 259-7599.