|
Coverage of this press conference included articles by the Associated
Press
and the Miami Herald.
|
![]() | ![]() |
|
This transcript is based on the video tape of the press conference provided to FADP by one of the news teams covering the event. Some comments will jump a bit at moments when the camera was turned off, like when the photographer was changing positions or putting in a new tape. Some comments have been edited or elaborated upon for clarity, otherwise, this is a true representation of exactly what was said at the press conference. |
| Abe: |
The purpose of this press conference today is to share with you Floridians for Alternatives to the Death Penalty’s legislative agenda, and to discuss a number of other pressing issues. There are a lot of issues going on and in fact probably five or six different stories could come out of today’s press conference, and we encourage you to follow each of these as they progress in the coming weeks and months.
On the paper that I handed out you will find the URL for the website for FADP’s legislative agenda, which looks like this
I wasn’t sure that we would hold this press conference until yesterday when we learned about the fact that Billy Kelley is not coming out. And I have to tell you that I for one am concerned about the motivation for the state seeking to appeal this case. I believe, and I can’t affirm this in any way shape or form, but I believe that
Jeb Bush wasn’t ready to stomach a second innocent man coming off of our death row in the space of a week. And for that, Billy Kelley is going to spend another year or two on death row before he comes out. And he is coming out. To quote Jerry Hill, or rather to quote how it was reported in the Miami Herald yesterday, (reading)
“Jerry Hill, state attorney for the 10th Judicial Circuit, says that if the state’s appeal fails there will be no trial because it would be impossible to win. Assistant state attorney X Y says, “Jerry and I know that there is no way to retry Kelly, we have nothing.”
And I put it to the people of this state: How can we keep a person on death row, let alone in prison, when we have knowledge that there is no evidence against him? That is unconscionable! And when we add to that the fact that the prosecutor who convicted Billy Kelley, which is the same prosecutor who convicted Juan Melendez, knew going to trial that his evidence was faulty and in fact was chastised by the judge for lying to the court. Judge Roettger in his decision said that Hardy Pickard, who is still working as a prosecutor today, Hardy Pickard “has a habit of hiding evidence.” How can Jeb Bush let that stand? How can he look the people of this state in the face and say that we have a system that is fair and accurate?
I could go on and on, but there are some other voices here, and I want to make sure that you hear what they have to say. First I want to introduce Sheila O’Brien, who is a Tallahassee resident, a member of Pax Christi, and also one of the coordinators of the Tallahassee Moratorium Committee, and she is going to join us and renew our call for a “time-out” on executions. Sheila.
|
| [To Index]![]() Thank you, Abe. So far in Florida we have collected almost 23,000 petitions for a moratorium. We have laid off the last couple of years because of everything that has been going on in this country, but we are going to get started back again. In this state there has been almost 23,000 petitions signed, and I think that was a month – two months ago – was the last I checked on it. We are calling for a moratorium, which means holding off on executions, and also for a nonpartisan study commission to be organized and to work just like what happened up in Illinois. The Illinois Commission you probably know made 85 recommendations that they left with the Governor, and that is an incredible amount, I think. But we know that we’ve got very similar problems here in the State of Florida, and we are not giving justice to the people of this state, or the people who are on death row, and that’s what we need to correct. So this is very urgent, and we are going to really work hard on trying to get a moratorium here in Florida. [unintelligible] We did work with the Tallahassee City Commission to do a resolution calling for a moratorium, and so far that is the only city in the state, and hopefully we will get other cities to join us. Thank you. |
Abe: | [To Index] Thank you, Shiela. Yesterday, our esteemed Attorney General Charlie Crist made some comments in line with the Governor about the need to do away with CCRC, the Capital Collateral Regional Counsel, but he and also the Governor and other politicians – every single time we have an extermination of a prisoner, they hold up the victims as the people for whom the death penalty is a commodity. “We are doing this for the victims, they deserve to have closure.” Well, there is no such thing as closure. There will always be that empty chair at the table. But more importantly, IF the death penalty is a commodity for victims, then why are we using it so few of the times that we could. The fact of the matter my friends is this: 97% of the people who commit capital murder, who are caught, who face the death penalty, 97% of those people get the alternative in Florida, which is life without the possibility of parole. What are we saying to those victim’s families? Your loved one wasn’t valuable enough? I would like to introduce to you now one of the newest residents of Florida to be a part of Floridians for Alternatives to the Death Penalty, George White (http://www.fadp.org/flm_bios.html#george), who is a member of Murder Victim’s Families for Reconciliation (MVFR), and a co-founder and the CEO of the Journey of Hope …From Violence to Healing, which is a sister organization with MVFR, and George is also a survivor of wrongful conviction. George? |
George White: |
[To Index]
I was falsely accused, wrongly convicted, falsely imprisoned and ultimately exonerated of a brutal, horrible murder. That happened in Enterprise, Alabama. The murder was the murder of my wife, Charlene. I am a murder victims’ family member. To this moment, I retreat from the images of her shattered face, she was shot twice, I was shot three times during an armed robbery at my place of business. I understand the anger, the rage, the desire for retribution and revenge. I understand those feelings. I was consumed by them for a time. And those were valid human responses by the way. We’re entitled to our feelings. We are entitled to our feelings, folks. But there’s a big difference between ‘feeling’ and ‘doing’. The test is not the tragedy; it’s what comes after it. For a long period of time I absolutely supported the death penalty. If I could have put my hands around the throat of the man that murdered my wife, I would have killed him – I tried that night. That’s why he shot me three times and left me for dead. I understand the feelings… however, I am now absolutely opposed to the death penalty. Regardless of how it might seem right, I understand now the practice.
This gentleman, the Attorney General of the state, “chain-gang” Charlie, jumping on the bandwagon calling for the abolition of the CCRC (Capital Collateral Regional Counsel). You have to wonder if he is lying when he says it’s going to save the state money. Whoo, well everybody’s in favor of saving money, right? But what’s the costs involved? What about the timing? Why now? Should this be ‘pull the plug on death row office’ or ‘kill the messenger?’ He talks about 15 years is too long. Well, folks if that’s the case, that man (pointing to Juan) would be dead!
I submit to you, it is not the severity of the punishment that does anything to assuage the grief of murder victims’ family members. I mean many of us buy into the damnable lie that some date and time uncertain in the future, that the death of another human being is going to do something to heal the wounds of our loss. We buy into that because we want the pain to stop. And our society says to us, “this will heal you.” What a damnable lie!
I faced the death penalty. I was convicted; however, I was lucky. I only received a sentence of life. However, if the state of Alabama had had its way, I’d be a dead man today. Now look at me, folks. Let me make this one point. Look at the color of my skin. Because that certainly impacted upon the sentence that I received. I didn’t understand that at that point in time – that had the color of my skin been a little bit darker, I’d be sittin’ on death row in Alabama today, and had the state of Alabama had its way, I’d be a dead man today.
Juan spent 17 years, 8 months, and 1 day on death row, and by Mr. Crist’s way of thinking, he’d have been dead for years ago. As a murder victims’ family member, I say to these self-proclaimed “public servants,” ‘serve us!’ Serve society.
It is the certainty that the actual person that committed a crime is held responsible that assuages our grief. Society needs, and we deserve, to be safe-guarded from those who would harm us. But the taking of another human life, and especially the taking of a wrong human life, that does nothing!, nothing! to heal our loss.
Alabama does not have public defenders… Yes, there is a small public defender office up in Tuscaloosa, but most defendants depend on court-appointed attorneys. I was represented by a country lawyer by the name of Paul Young who wouldn’t quit, who wouldn’t walk away. I became indigent…. Imagine how quickly you can go broke when the income stops. But it was through his dedication, a man like the men and women of CCRC…. Death penalty litigation is the most complex of any criminal litigation. There are people here who can speak more directly to that but it takes experience to understand certain things…. You couldn’t tell me that when I was a 19-year old, I thought experienced was something other people needed. But we’re talking about a-- my degrees are in business management and economics and when somebody says they can save me money, we need to ask a second question and a third and the fourth, How is that savings gonna come? Will there be a cap on the time on the men and women attempting to represent folks? I don’t know, I’m just asking. I’m a simple country boy in a whole lot of ways. But with a cap of time, something like 800 hours, what if it takes 802 (hours) to find out what was done to Juan? What was done to Rudolph. What was done to me…
I am going to close with that. I don’t purport to speak for all murder family victims’ members. Many of us disagree on the solution to ending our pain, but there is a whole lot more of us folks than you realize, and the people out there don’t buy into this damnable lie that the death penalty does a damn thing for healing us. NOT IN OUR NAMES; OUR HEARTS HAVE BLED ENOUGH! Bless your hearts.
|
|
Abe: |
[To Index] |
|
Larry Spaulding: | [To Index]
First, I believe that there is an excellent chance that a bill will
be
filed this session calling upon the Florida Legislature to approve a
death
penalty moratorium. Unfortunately, I also believe that it will have
little
or no chance of passage. To use a Biblical analysis, I believe that
in
spite of the powerful evidence of wrongful convictions in at least 25
cases
in Florida, Jeb's heart has hardened and a moratorium will not be
given
serious consideration either by the Florida Legislature or the
Governor.
Hopefully I shall be proved wrong.
The second issue is a promise that was made by several members of the
Florida Legislature that relates to the execution of juveniles. As
you
will recall, this past November Florida enshrined the death penalty
into
our state constitution. When the issue was being debated, the
opponents of
Amendment One told the media that one consequence of the amendment
would be
to lower the age to be eligible for the death penalty in our state
from 17
to 16. The proponents of Amendment One told the media, time and time
again,
that our concerns were a false issue. They said that while the
amendment in
their opinion did not change the existing age requirement, bills
would be
filed in 2003 there would prohibit the execution of anyone under the
age of
18 at the time of the offense.
Why is that significant? You may recall that only last Monday the
United
States Supreme Court denied certiorari in a case that could have
reviewed
the execution of juveniles. In an amicus brief filed by the Oklahoma
Attorney General, the argument was made that there was not only a
failure
to establish an emerging national consensus against the execution of
juveniles, but that the state of Florida by enacting Amendment One
actually
lowered the age of eligibility from 17 to 16.
It will be interesting to see whether the members of the Florida
Legislature will keep their word and actually enact a bill changing
the age
from 16 to 18. That, should it occur, would certainly be a positive
development in death penalty jurisprudence.
The third issue involves legislation filed by Senator Rod Smith
(D-Gainesville) -- Senate Bill 120. Looming out there for the state
of
Florida remain the unresolved ramifications of Ring vs. Arizona.
Those
issue have not been addressed and will resurface unless the Florida
Legislature or the Supreme Court act affirmatively.
Senator Smith, along with many of the state prosecutors, recognize
that the
most vulnerable part of our capital sentencing statute involves the
right
of a trial judge to override a jury recommendation for life. SB 120
remedies that situation and should be a non-controversial
bill. Nonetheless, it is already facing opposition in the Senate.
The other Ring issue, which I believe many members of the Florida
Legislature recognize but are afraid to tackle, is the number of
jurors
necessary to render a death recommendation. Under current law it is
only a
majority of seven. Many death penalty experts believe Ring will
ultimately
require an unanimous jury verdict, or at the very least a
supermajority
vote for death.
I like to mention my father as an example on this issue: My dad was
a
prosecuting attorney for eighteen years in Kentucky. He put people on
death
row. Nonetheless, he has never understood the Florida statute. He
has
often said: "If a prosecutor cannot get 12 out of 12 jurors to vote
for
death, it is simply not a death case in my view."
|
|
Abe: |
[To Index] And they need more money, actually. We brought Juan Melendez up here from Puerto Rico where he lives now, so that he could be on hand to spend some time with Rudolph Holton who he knew while on death row. Two nights ago we pulled out this banner (pointing to the banner behind him) which was made in honor of Juan just over a year ago and together Juan and Rudolph crossed out that “24” and added “25”. So, now I’d like to introduce Mr. 24, the 24th man to be released off of Florida’s death row since, correction, the 23rd man, 24th person to be released off of Florida’s death row and 23rd to be released alive… Juan Melendez. |
|
Juan Melendez: | ![]()
Good morning. I want to say one reason I came here was to tell you that I am a prime example that the system don’t work. The system is not accurate; it’s not fair. I also want to say something about CCR. If it wouldn’t have been for CCR, I would be a dead man today. I got to say that from the start. CCR got my case in 1987. Immediately the lawyers, after they looked at my case, they knew I was an innocent man. [tape jumps] …They was trying to keep four governors from signing my death warrant. Dedicated people that work in there… All my lawyers were good lawyers, my investigators was good investigators. They worked hard.
What makes me upset about the whole thing is…. I don’t know what Bush is waiting for. 25 people got out. I’m number 24. Holton is #25. Now we have this incident with Bill Kelly, another friend of mine that has been in their going on 19 years now. It upsets me that all of a sudden a day before…. [the deadline to appeal the decision ordering a new trial for Bill Kelley, the appeal was filed]… It tells me the prosecutor is afraid to let Mr. Kelly out. It tells me that he is not thinking about an innocent man on death row…like that… I would like to say then (unintelligible) …still got a problem with the death penalty all around the nation. And me, when I got out, all I wanted to do… is part of my life is still dedicated to helping the people that I left back there… [tape jumps] …The truth is that the man that committed the crime, if he was guilty, not guilty, it’s not the same man they execute. It’s a man that over the years has changed. Spiritually. When I came on death row I didn’t know how to speak good English. I didn’t know how to read or write. I learned all that on death row – they taught me. [tape jumps] ….it’s a good chance that innocent people will die. Innocent people who have been in there will die.
I want to say something about “chain-gang” Charlie. He…I read the article in the paper and he says he’s for the victims. But what I am? I am also a victim! My family suffered for almost 18 years, waiting for me to…. uhh… are they going to kill me? Or give me a life sentence? Or let me go. (unintelligible) My mama suffered a lot. My mama, she got a bad heart because of this stuff. I got friends that suffered a lot. They wrote me all the time and told me to keep my faith in God, that one day I would be out, and they was right – I got out. It took almost 18 years but I thank God every day that I’m free. What I’m going to tell you…I AM A VICTIM, Holton is a victim, and all of the 23 names before me and Holton, THEY are victims and their families are victims. They suffer. The happiest day in my life will be when the death penalty is abolished and I hope and I pray every day, it will be in my time. Thank you very much.
|
|
Abe: | [To Index] Before we take questions, let me just point out some of the materials we have up here. Now, I know if you received the announcement for this press conference you know that we planned to give you our comparison of the 85 recommendations from Illinois, from the Ryan Commission, comparing those recommendations to the way the law is here in Florida. Also, we have this report from the Constitution Project which proposes 18 reforms to the death penalty, also geared towards preventing wrongful executions and wrongful convictions. Simple things. Simple steps that can be taken to make sure that we are finding out if we have the wrong person from the start – not the finish. And let’s remember, when we put the wrong person on death row, that means that the guilty person is still out killing and I don’t think anybody wants that. Finally, Floridians for Alternatives to the Death Penalty proposes Alternatives to the Death Penalty (http://www.fadp.org/alternatives.html). There is a copy of our statement on Alternatives to the Death Penalty right up here and I encourage you to take that and any of the material that’s up here. And now, questions. |
| Question: |
I had a question. You said you had 23,000 petitions.. how many signatures is that____ |
| Sheila: | That’s 23,000 signatures. |
| Question: | Mr. Melendez…can you tell us how you celebrated with Mr. Holton? |
| Juan: |
Yes…I met with him and his family and we chit-chat the things we did in death row and I gave him advice in the streets. I told him about the AIDS problem and that it’s not the same when he left. I told him he got to watch the young cats now and listen to them and give them good advise and I told him to lay low for a while and rest and be with his grandchildren and when he is ready to talk about it to call my friend Abe and me and we go and do our work and try to get this death row abolished. |
| Question: |
Did it feel strange for the two of you to be talking…and both be free, to be in his company off death row? |
| Juan: |
Well he was real happy to see me and he started…tears came to his eyes and it felt a little strange because we were in the free world and had not been in the free world before, together and then we came together, and it was good that we made that contact and he was able to listen to me and we had a nice time. |
| Question: | You did know each on death row…how is that? |
| Juan: |
Well I came in 1984 and he came in 1986… Yes we been in there on the same floor together for years and years, and I know him very well. One thing about us in there, you establish a friendship closer than family. I mean, I told Rudolph things that I never told my family, because of the situation there, we can understand each other better then other people. |
| Question: |
[To Index]
Larry, I wonder if I could ask you about the difference in the number of hours the Registry allows attorneys to work vs. the number that are needed? |
| Larry: |
The Registry permits 800 hours while the actual time required is 3000 hours according the studies that have been undertaken by the Spangenburg Group and others. |
| Question: |
Why cannot the Registry lawyers handle these appeals within the 800 hours allotted? |
| Larry: |
Some cases can be. Others cannot. 800 is an arbitrary number. The 3000 hours is an average of the capital post-conviction cases handled in Florida and other jurisdictions. Each case is different. For example, in the Holton case, it took years to get information that was withheld from the post-conviction lawyers until recently. Had it been made available sooner, the time spent on the case would have been less and, more importantly, Holton would have been a free man sooner. There are a few issues as to the ability of the registry lawyers to handle these cases as efficiently as the CCRC's that need to be discussed. First, the Governor states that the Registry has enough qualified lawyers to handle all of the capital post-conviction cases. I do not agree with that premise. Second, I do not agree with the further assumption of the Registry that each of the lawyers on the list will take four or five capital post-conviction cases. It will not happen. Third, if the CCRC's are going to be abolished who, if anyone, will be available to provide resource assistance to the registry attorneys? At one time the answer to that question would be the federal resource centers, but they too have been abolished. These Registry lawyers will essentially be on their own. Some will need little assistance. Others will flounder without substantial help. Finally, the proposal makes no plan for the transition of the CCRC cases now being litigated. Who will be responsible for the representation of the current CCRC clients? Some CCRC attorneys may continue to represent their clients in a private capacity as Registry lawyers, others will not. |
| Question: | If you believe that the system will break if the CCRC's are abolished, why do you oppose the Governor's plan? |
| Larry: |
I do believe that the system could break. The problem is that before it breaks two or three innocent inmates may be executed because of inadequate post-conviction representation. That is too high a price to pay. |
| Question: | Is there a feeling that the Supreme Court, or a court somewhere would stop the executions if the system did break? |
| Larry: |
Obviously the composition of the courts is changing, but I do not believe that either the state courts or the federal courts will change to the point that they are going to let anyone be executed without a lawyer or even the illusion of a lawyer. The bottom line is that CCR and the CCRC's have had their challenges. I had my challenges when I was CCR. That comes with the job. Nonetheless, the one constant has been the quality of legal work provided to the men and women on Florida's death row. Many of the Registry lawyers are fine attorneys. Some are not, but even those with fewer litigation skills or less knowledge of capital post-conviction litigation could rely upon the expertise of CCRC counsel for assistance. If the Governor's budget proposal is adopted that will be lost. |
| Abe: | [To Index]
One thing I’d like to add to that is that the Billy Kelley case is a really good example of how money is wasted on the other side. They know they can’t hold him in prison, they know that he is coming out, and yet, they are going to waste another couple of years of court time, prosecutors money, defense attorney money, just so that Jeb Bush doesn’t have a second embarrassment in one week. |
| Question: | Have you heard anything about Amos King? |
| Abe: |
It was a question about Amos King, and the DNA testing results will come back sometime within the next week or two. Any day now. And, when that happens, either those results will show that Amos King is not the person, or I actually believe that those results are going to be inconclusive, and the questions is what happens then? Jeb Bush did the right thing when he stopped that execution, but even if those results are inconclusive, it may well be that he is innocent, but just can’t prove it, and are we going to take the risk of killing an innocent person? |
|
Thank you very much.
END |
Floridians for Alternatives to the Death Penalty
800-973-6548
http://www.fadp.org
PMB 335
2603 Dr. Martin Luther King Jr. Hwy
Gainesville, FL 32609
(800) 973-6548
fadp@fadp.org