P R E S S   R E L E A S E
from
F L O R I D I A N S   FOR   A L T E R N A T I V E S
                                   TO THE DEATH PENALTY   (FADP)



October 17, 2006



FADP CONTACTS:
Mark Elliott: 727-215-9646
mark@fadp.org




ARTHUR RUTHERFORD EXECUTION SET FOR WEDNESDAY AMID
NEW EVIDENCE OF POSSIBLE INNOCENCE AND DISCOVERIES
OF FUNDAMENTAL FLAWS IN FLORIDA'S DEATH PENALTY
SYSTEM


The state of Florida is preparing to kill Arthur Rutherford, an ex-Marine and
Vietnam War veteran, on Wednesday, October 18th in revenge for the killing of
Stella Salamon. Rutherford has always maintained his innocence. Now, Mary
Heaton, the state's star witness against Rutherford has changed her testimony
and cast new doubt on his guilt.

Last week, when the Florida Supreme Court denied Rutherford's appeal, Justice
Harry Lee Anstead wrote for the minority, "I concur in the majority opinion in
all respects save one, the requirement of an evidentiary hearing in order to
properly evaluate the newly discovered evidence of Mary Heaton's role in the
murder for which Rutherford is to be executed."

"We must remember that it is not only Rutherford's guilt but also the death
penalty imposed that may be affected by this new evidence. Even without this
evidence a jury voted for death by the narrowest of margins, seven-to-five, just
one vote short of a recommendation for life. With that background it is
essential that the credibility and reliability of this new evidence be evaluated
in the crucible of an evidentiary hearing where testimony must be presented
under oath and the State given a full opportunity for cross-examination. In
turn, and because of the trial court's first hand ability to evaluate the
evidence presented, our confidence in the outcome will be qualitatively
increased. The trial jury's narrow vote demands no less."

Mark Elliott, Spokesman for Floridians for Alternatives to the Death Penalty,
adds, "With this new evidence, the Governor should re-activate the dormant
Executive Clemency process and commute Rutherford's sentence to life in prison,
the sentence a jury would probably now recommend."

Last Month's American Bar Association report by a distinguished Florida legal
panel, found that Florida's Death Penalty system is so riddled with flaws,
mistakes and inequalities, that it leads the nation in the risk of executing the
innocent. "Florida's broken Death Penalty is shielded by secrecy, denial and
lack of accountablility," states FADP's Elliott, "With 22 innocent people
exonerated off our Death Row, the high risk of executing an innocent person has
become business as usual."


For further comment contact Mark Elliott at 727-215-9646

For more on the Florida Supreme Court decision see SC06-1931 -
Arthur Dennis Rutherford v. State of Florida:
www.floridasupremecourt.org/decisions/2006/sc06-1931.pdf






**********
SENT BY:

      Mark Elliott
      Spokesperson
      Floridians for Alternatives to the Death Penalty (FADP)
      800-973-6548
      mark@fadp.org
      www.fadp.org
      PMB 335, 2603 Dr. Martin Luther King Jr. Hwy,
      Gainesville, FL 32609


Floridians for Alternatives to the Death Penalty works for restorative
justice in the form of effective alternatives to the death penalty. It
does so by

* supporting and coordinating the work of organizations and individuals
* educating and energizing the general public and state legislators
* supporting the many persons affected by capital crime and punishment
* advocating specific legislative improvements