Terry Lenamon Asks You to Check Out BBC Documentary on Death Penalty

From Terry --

Friends,


If you have a chance please listen to the BBC Radio Documentary done by Liz Green on the death penalty in Florida. Pay special attention to the State Attorney Angela Corey’s (Jacksonville) statements regarding the death penalty.

- Thanks,

Terry

Here's the link:  https://www.dropbox.com/sh/c1k871gz10nt5pg/QkEGyMys5t?m

It's a MP3 file, lasts 58 minutes. 

What you're find:  this is a British documentary made by the BBC about Death Row, and of the BBC Radio hosts, Liz Green who came to Florida with two other reporters to check out the Death Row here and learn about our death penalty process.

Terence Lenamon Wins Again: Florida Supreme Court Overturns Death Sentence of Wadada Delhall

Terry Lenamon knows what he's doing in a courtroom, and here - from the opinion that just came down from the Florida Supreme Court, reversing the death sentence of Wadada Delhall which is making the national news along with international media coverage -- is a great example of Terence Lenamon's expertise at work. 

It's more than education or past experience.  Lawyers in trial have to be focused, have to be alert, especially in criminal trials and even more especially, in death penalty cases.  It's not a job just anyone can do. 

So, picture Terry Lenamon (with the responsibilities of running an office, working with his non-profit Federal Capital Resource Center, his duties to other clients, his commitment to his home and family) as he listens carefully to the questioning taking place during trial and makes an objection that the trial court judge does not sustain but which the appellate court determines was not only a valid objection but one that results in reversible error.

This all happened in less time that it took you to read this post, what Terry did.  Congrats to Terry!!!!

From the opinion in Wadada DelHall v. State of Florida, No. SC09-87, Supreme Court of Florida per curiam July 12 2012 (Lenamon's words highlighted):

"Q. You couldn‟t find Conroy Turner so you killed Richie B [Bennett] his best friend unless Richie told you where Conroy was to be found?
MR. LENAMON [DEFENSE COUNSEL]: Objection, sidebar.
A. No, sir. Who Richie B?
Q. Richie B‟s best friend was Conroy Turner. Conroy Turner ripped you guys off for some dope and your brother agreed to kill Richie B because Richie B wouldn‟t say where Conroy Turner could be found so that Conroy Turner could pay you back for the dope that he ripped off.
A. I don‟t know who that was Conroy Turner.
Q. You know who Richie B was?
A. After they start showing me pictures of the dude.
Q. After your brother took the contract to kill him and after your brother killed him?
A. No.
Q. Your brother killed him right in that auto shop right there that day with his shirt off showing his tattoos, something you don‟t have, right.That‟s why they knew it was your brother and not you?
A. Wrong.
Q. You don‟t have those kind of tattoos that your brother has?
A. No.
Q. He has tattoos all over his back, doesn‟t he?
A. No.
Q. Across his back?
A. He has one tattoo from what I remember.
Q. An[d] once, once you found out and your brother found out that he was wanted by the police in Miami Dade County and there was a warrant for his arrest for the murder of Richie B, someone actually cared that Richie B was killed, you didn‟t figure on that did you, Mr. Delhall?
A. I don‟t know nothing about what you talking about.
MR. LENAMON [defense counsel]: Objection, I have a motion to make.
THE COURT: Do you. Come sidebar.
[Thereupon, counsel for the respective parties approached the Bench and conferred with the Court outside the hearing of the jury and the following proceeding was held:]
THE COURT: What‟s the motion?
MR. LENAMON: Judge I‟m moving for a mistrial. Miss Levine is indicating my client was involved in another homicide.
THE COURT: She never said that.
MR. LENAMON: I think she did.
THE COURT: She did not.
MR. LENAMON: I believe she did.
THE COURT: I believe she didn‟t. Is that the motion?
MR. LENAMON: That‟s the motion. I‟m going to have a continuing objection to anything about my client having any involvement in any other homicide.
THE COURT: Okay motion is denied.

... (emphasis added). After failing to recognize that the prosecutor had, in fact, stated that Delhall was involved in the Bennett murder, the trial court denied the motion for mistrial. Where, as here, counsel simultaneously objects to an improper comment and moves for mistrial without obtaining a ruling on the objection, the standard of review of denial of the mistrial is abuse of discretion. Poole v. State, 997 So. 2d 382, 391 n.3 (Fla. 2008) (citing Dessaure v. State, 891 So. 2d 455, 464-65 n.5 (Fla. 2004)). “A motion for mistrial should be granted only when the error is deemed so prejudicial that it vitiates the entire trial, depriving the defendant of a fair proceeding.” Wade v. State, 41 So. 3d 857, 872 (Fla. 2010) (quoting Floyd v. State, 913 So. 2d 564, 576 (Fla. 2005)).

The strong implication during cross-examination that Delhall was involved in Bennett‟s murder was improper."

 

Congratulations on a job well done, Terry!

Death Watch Diary by Robert Towery Available on Amazon as 99 Cent EBook

Robert Towery was executed by the State of Arizona on March 8, 2012.  No one would know better than Mr. Towery about how life is on Death Row as execution approaches.

His diary of the last 30 days on Arizona's Death Row, on Death Watch, has been published as an ebook on Amazon.com and it's currently on a very good deal being priced at 99 cents. 

You can read this with a Kindle; however, you can also read this on any computer or smartphone with the free software provided by Amazon.

From the publisher:  Robert Towery was executed by the State of Arizona on March 8, 2012. For the last 35 days of his life, Robert was placed on “Death Watch” where his every move was recorded and chronicled by prison officials. Robert also kept a diary which he gave or mailed to his attorneys as installments. He detailed the ironies and absurdities of life in prison. He reveled in simple pleasures, such as a good meal or a sports event on television. He longed for human contact from his last visitors, and he touchingly tried to comfort his pod-mate, who doesn’t really understand that he was going to his death.

 

10 Things To Know About Florida's Death Row

Here are ten (10) things that you might not know about Florida's Death Row (facts courtesy of the Florida Department of Corrections):

1.  The Executioner gets paid $150.00 to kill someone in a State of Florida execution.

2.  There are three Death Rows in Florida.  Women* facing capital punishment live in Lowell, Florida, at the Lowell Correctional Institution Annex and men sentenced to death live in one of two places: either Starke, Florida, at the Florida State Prison or in Raiford, Florida, at the Union Correctional Institution.

*Currently, there are four women on Florida's Death Row.  Here is a list with photos.  Notice that Joshua Fulgham's co-defendant, Emilia Carr, is one of these four women.  (Terry Lenamon defended Joshua Fulgham, who received a life sentence, for more read our posts on the case.)

3.  Florida Death Row inmates do not get to use a fork or spoon.  They get plastic sporks.   They are served three meals a day on trays, with sporks, at 5 am, 11 am, and 4 pm.  That's right: no spoons and no food after 4 pm.  A cruel twist to the Early Bird Special, isn't it?

4.  A Death Row Cell in Florida is 9.5 feet high.  It's 6 feet long.  It's 9 feet wide.

5.  Death Row Inmates are not allowed to smoke cigarettes.

6.  Death Row inmates can have a 13 inch TV in their cells.  No cable, though.  No DISH TV.

7.  Florida Death Row has no air conditioning.

8.  Death Row inmates are checked for a count every hour, 24/7. 

9.  Death Row inmates in Florida get a shower, every other day.

10.  The only time that a Death Row inmate isn't in his or her cell is (1) for showers; (2) visits with lawyers, media interviews, visits for social reasons (family, friends); and (3) exercise time.  Also, if they need medical attention they are moved from their cells.  Otherwise, they spend all their time in their cell.  

Go here to watch a virtual tour of a Florida Death Row cell. 

 

 
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