PRESS RELEASE FROM
FLORIDIANS FOR ALTERNATIVES TO THE DEATH PENALTY (FADP.org)
26 June 2003
CONTACT: Abe Bonowitz: 561-371-5204
U.S. SUPREME COURT ADDRESSES INEFFECTIVE ASSISTANCE OF
COUNSEL; HOW MANY
FLORIDIANS WOULD NOT HAVE BEEN KILLED?
A Maryland man will receive a new sentencing hearing after
the U.S. Supreme
Court Thursday ruled 7-2 that the performance of his defense
counsel did
not meet minimum standards as guaranteed by the Sixth Amendment
of the U.S.
Constitution.
"Today the Supreme Court has elevated the standards it
first set out in the
Strickland decision in 1984," said Abe Bonowitz, director
of Floridians for
Alternatives to the Death Penalty. "The Strickland
standards were
seriously inadequate. This ruling will mean that more people on
death row
will be able to push forward with claims that their
representation did not
meet constitutional standards. The real question, then, is how
many
Floridians would not have been executed under the new standards
that will
come of this ruling? Would Amos King or Linroy Bottoson still be
alive
today? I think so."
Today's U.S. Supreme Court ruling benefits Kevin Wiggins, who
was sentenced
to death for the murder of Florence Lacs. Wiggins' defense
counsel utterly
failed to present to the jury mitigating circumstances about
Wiggins'
background - details that included horrific abuse he suffered as
a child as
well as possible mental retardation. This abuse included being
beaten with
belts and straps, bitten, denied food, burned and a history of
sexual
molestation.
"We know that the death penalty is generally not
reserved for the prisoners
who commit the worst crimes, but rather for those with the worst
lawyers,"
said Bonowitz. "Maybe this ruling will change that a little
bit. FADP
calls on Governor Bush to not schedule further executions at
least until
Florida courts determine the impact of the Wiggins ruling on
Florida
cases. In fact, FADP calls on Governor Bush to refuse to sign
any new
death warrants, period."
SENT BY:
Abraham J. Bonowitz
Director
Floridians for Alternatives to the Death Penalty (FADP)
800-973-6548
fadp@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
