Tonight, We the People of the State of Florida, executed Anthony Floyd Wainwright. This is the sixth state sanctioned murder this year in Florida—more than any other state, and the fastest pace for a Florida governor since 1979.
The story of how Anthony got to the place where he was on the run with Richard Hamilton and was present for the murder of Carmen Gayheart is not necessarily unique to those on death row. He had a childhood marked by physical and sexual abuse, and was thrust into the adult prison system at 15, where he was further victimized. In the North Carolina prison system, he sought protection from an older inmate, Richard Hamilton, whose offer of friendship came at a steep price. Hamilton convinced 23-year-old Anthony to escape with him. Once on the run, under the legal theory of principle and felony murder, whatever Hamilton did, Anthony was considered guilty as well.
We recognize the pain felt by Carmen Gayheart’s family, and yet, we know that Anthony’s death cannot bring her back. Anthony has lived peacefully and safely in prison for nearly three decades, making life better for those who came to know and love him. Tonight’s execution, like them all, just spread more ripples of pain outward, for no reason.
But these facts are true of most state-sanctioned killing. Anthony’s case is different. Whether or not you are in support of the death penalty, if you believe in the Constitution and due process and the right to a lawyer, what happened to Anthony over the last three decades, and especially over the last 30 days, should chill you to your very core.
His trial lawyer called just a single witness, and told his jury virtually nothing about Anthony, offering them very little reason to spare his life. The State manipulated and hid evidence, telling the jury that Anthony’s semen was found at the crime scene. This has since been proven demonstrably false. There is serious doubt, never heard by a jury, whether Anthony pulled the trigger or committed sexual battery. To be clear, Florida law allows the death penalty for felony murder. And it is undisputed that when Hamilton convinced him to run, Anthony stayed with him, and was legally responsible for Hamilton’s actions. But what he did or did not do during the murder is critical evidence that his jury never heard, and evidence that would have offered them a reason to vote for a life without parole sentence.
But that is not the depth of the injustice. What is most troubling about Anthony’s case happened once his warrant was signed, and his execution date set. It was then that Anthony needed his lawyer to fight for him the hardest. What happened instead was the exact opposite, and every state and federal court where he sought refuge turned a blind eye.
His assigned lawyer had not seen Anthony in more than 10 years, and he refused to challenge Anthony’s death sentence. A retired lawyer, who had represented Anthony for several years in federal court, and who was still an active member of the Florida Bar, offered to represent Anthony in state court for free. She did not ask for any additional time or expense, just an opportunity for Anthony’s claims to be heard before the State killed him tonight.
His assigned lawyer refused to step aside, and refused to co-sign pleadings. The lower court sided with him. So did the Florida Supreme Court. So did the Federal District Court. So did the 11th Circuit Court of Appeals. And so did the United States Supreme Court. Every single one of those judges were sworn to uphold the law and the constitution and afford everyone due process. They all violated that oath.
Because all of these Courts refused to allow a free, qualified, and familiar attorney to represent Anthony, that sends a message that there is no meaningful right to a lawyer. If you are not allowed to counsel of your choice when there is 1) no cost to the State and 2) no delay in the process, then you do not have a right to counsel at all.
That makes tonight’s state sanctioned killing tonight the absolute worst kind – premeditated, without due process, and without a lawyer to fight for Anthony’s actual interests. If a single person among us, even someone on death row, has no due process, then none of us have due process. We the people of the State of Florida deserve and demand better.
Click here to download.