Recent Developments in the Death Penalty in Florida

E. Guilty Pleas and Waiver of Jury Recommendations

LWOP is indeed a mixed blessing. Clearly some people are sentenced to LWOP who, given the prior option of 25-year minimum mandatory, would have been sentenced to death. But there are many more others who, given no change in the statute, would today be getting 25 year minimum sentences but are instead being given LWOP. So, LWOP may reduce sentences for a couple of dozen people per year who would have been sentenced to death, but it is increasing the sentence for far more people.

Until a more general effort to improve prison conditions is successful, LWOP is also a penalty that is designed to accentuate hopelessness. Consequently, we have seen a growing problem of defendants who either couldn't care less whether they are sentenced to LWOP or death, or who, like Timothy McVeigh, actually prefer death. Since January 1, 1995, there have been at least 14 defendants sentenced to death in Florida after entering guilty pleas to first-degree murder. Only one is African American.

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

04-12-95
04-18-95
02-16-96
03-04-96
04-19-96
09-06-96
02-27-98
07-10-98
02-11-00
08-15-00
11-01-00
11-21-00
04-03-01
08-31-01

Michael Robinson
Edward James
Bobby Raleigh
Dan Hauser
Edward Zakrzewski
Gary Bowles
Roderick Ferrell
Michael Griffin
Arthur Barnhill
Jonathan Lawrence
Glenn Ocha
Jeremiah Rodgers
Richard Lynch
Thomas Thibault

white
white
white
white
white
white
white
white
black
white
white
white
white
white

To be sure, there is no one reason why people plead guilty to capital murder. Some may do so at the urging of their attorneys. Some may want to throw themselves to the mercy of the jury and judge, and later learn that there is no mercy to be had. On the other hand, some are severely mentally ill or suffering from depression or post-traumatic stress disorder. Some may want to make a political statement. But at the end of the day, some simply do not want to do LWOP.

In addition, since January 1, 1995, there have been eleven death sentences imposed on ten defendants who waived a jury recommendation. Again, some may do so at the urging of counsel, but others do so out of despair and not-so-hidden suicidal wishes. All but two of these defendants are white:

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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

.
04-12-95
03-04-96
12-27-96
08-15-97
05-29-98
07-10-98
02-23-99
06-23-00
11-01-00
02-06-01
04-03-01

.
Michael Robinson
Dan Hauser
James Guzman
Michael Robinson
Ronald Knight
Michael Griffin
Byron Bryant
Anthony Spann
Glenn Ocha
Jeffrey Hutchinson
Richard Lynch

Race
white
white
white
white
white
white
Black
Black
white
white
white

Plea
Guilty
Guilty
Not Guilty
Remand
Not Guilty
Guilty
Not Guilty
Not Guilty
Guilty
Not Guilty
Guilty

Of special interest here are the five inmates, all white, who both pleaded guilty and waived a sentencing recommendation. Michael Robinson and Dan Hauser asked for a death sentence, clearly stating that they preferred death to LWOP. Indeed, in August 2000 Hauser's wish to be executed was granted. Richard Lynch admitted killing a mother and child in Sanford, making a jury recommendation of death a near certainty. With abundant mental health mitigation, he and his attorneys felt he had a better chance for a life sentence if he went before Judge O.H. Eaton [9] without a jury recommendation. Glen Ocha, now known as Raven Raven, has a long history of suicidal behavior, and called his death sentence "justice for [the victim]."

In addition, three inmates have been executed in Florida in the last decade after dismissing their defense attorneys and dropping their appeals: Michael Durocher (8-25-93), Dan Hauser (8-25-00), and Edward Castro (12-07-00). Each was white.

F. Overrides

Since 1973 there have been 166 death sentences imposed in Florida after juries recommended a sentence of life imprisonment. There were a dozen overrides in both 1980 and 1983, and the number of overrides also hit double figures in 1974, 1976, 1978, 1982, 1986, and 1989 (see Table 2). However, since January 1, 1995, there have been only six override cases in Florida, an average of one per year:

02-17-95
11-27-95
07-15-96
04-22-96
03-13-98
08-27-99

Cruz Marta-Rodriguez
Dwight Harrison
Michael Keen
Edward Zakrzewski
Joseph Ramirez
Jeffrey Weaver

Reduced to Life [10]
Died -- Natural causes
Conviction vacated [11]
Affirmed on direct appeal [12]
Conviction Vacated [13]
Pending Direct Appeal

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