Every so often, Terry wants to share documents here on the blog that are long – too long in fact, for this platform to accommodate.  We’ve found a solution to that problem by creating a new place on the web for Terry’s documents over at Squibd.com.

It’s a collection entitled the Terence Lenamon Online Library.  It’s on the Squibd.com website and the documents are available online for free, as a community service. 

It is a place where Terry can share things like the full text of his May 20, 2012 letter to the Executive Director of the Florida Innocence Commission in his role as Chairman of the Board of Directors of the Florida Capital Resource Center.

Right now, there are six documents available for review, and Terry will be adding more as time goes along.

We’re not adding cases here, since there are good places to find them already – like Google Scholar.

If you have any requests or suggestions, please let us know. 

Hat tip to the National Coalition to Abolish the Death Penalty for keeping an online execution schedule, which we’ve reviewed and noticed that Ohio is beating even Texas in capital punishment in the upcoming months — Ohio has 9 executions set; Texas has 8; Pennsylvania, Florida, and South Dakota each have one execution on their calendars.

Here’s how things are currently stacking up:

Sep 20: Donald Palmer, OH – Executed
Sep 20: Robert Harris, TX – Executed
Sep 25: Cleve Foster, TX – Executed
Oct 3: Terrance Williams, PA
Oct 16: John Ferguson , FL
Oct 18: Anthony Haynes, TX
Oct 28: Donald Moeller, SD
Oct 31: Donnie Roberts , TX
Nov 8: Mario Swain, TX
Nov 13: Brett Hartman, OH
Nov 14: Ramon Hernandez, TX
Nov 15: Preston Hughes, TX
Dec 12: Rigoberto Avila, Jr. , TX
Jan 16: Ronald Post, OH
Mar 6: Frederick Treesh, OH
May 1: Steven Smith, OH
Aug 7: Billy Slagle, OH
Sep 25: Harry Mitts, Jr., OH
Nov 14: Ronald Phillips, OH
Jan 16: Dennis McGuire, OH

So what is up with Ohio?

Well, there was a bill brought before the Ohio legislature to ban capital punishment last spring, but it failed.  And, yes — proponents of the legislation were arguing for its passage not because of ethical positions against capital punishment nor concerns that innocents might die – but instead because of money.  Ohio, like the rest of the nation, spends lots and lots of money on death penalty cases and there was a movement to end the death penalty in Ohio to save tax dollars.  Read about it here.

This spring, a federal judge stepped aside after instituting a series of legal barriers to Ohio being able to execute people – U.S. District Court Judge Gregory Frost had issued opinions not on the constitutionality of the Ohio capital punishment statute but instead on the ways in which it was being carried out, effectively stopping the death penalty in Ohio for a significant period of time.  However, in April 2012, Judge Frost allowed the execution of Mark Wiles and now it appears that Ohio is trying to clear out its Death Row like some folk do a Fall Cleaning of their homes before the holiday season.

You may remember that Ohio was the state where Romell Broom fought against his execution and had that execution stayed by Judge Frost’s Order (Broom is currently incarcerated at Chillecothe Correctional Facility in Ohio).

Ohio is also the state that set national precedent by using a single drug lethal injection method in the execution of Johnnie Baston, the first man in this country to be executed in the exact same manner that vets euthanize dogs and cats. 

With Judge Frost’s ruling this spring in the Mark Wiles matter, Ohio’s procedures for executing Death Row inmates was no longer under scrutiny as the opinion found that while “…Ohio has routinely offended” the protections provided by the U.S. Constitution, it had corrected things sufficiently to allow capital punishment to proceed once again since in Judge Frost’s words, “the United States Constitution does not require a perfect execution,”  just one that “does not offend constitutional protections.”

You can read the opinion here:

Capital punishment is making lots of news these days, as sending defendants to their death as punishment for their crimes seems to be a hot topic across the country.  Consider the following:

1.  California will vote on whether or not to abolish the death penalty in November 2012 as Proposition 34 is on the ballot. 

It seems money is a big factor in this vote.  Of note, the series of opinion editorials published by the Sacremento Bee, arguing against the death penalty and for the passage of Proposition 34 point by point. 

2.  Montana may end the death penalty as punishment too.

There’s a move in Montana to end the death penalty now that the statute has been found in violation of the state constitution by a Montana State District Judge.  One group, the Conservatives Concerned About the Death Penalty, appears to be both vocal and powerful – they’ve got a website if you want to learn more. 

3.  Pennsylvania, meanwhile, is still among the states that are executing people.  Pennsylvania has an execution scheduled for the first time in 13 years.

The execution of Terrance Williams will happen now in all likelihood, since clemency has just been denied by the Board of Pardons.  It was a 3 to 2 vote and an unianimous decision is needed to stop things. 

However, there is still some hope that there will be mercy over judgment – a hearing has been granted for defense attorneys to argue that evidence was withheld at trial regarding a history of Williams being a victim of sexual abuse as a child which might have been mitigating in his sentencing at the time. 

4.  Missouri is reconsidering the death penalty sentence of Reginald "Reggie" Clemons even though many in that state consider him worthy of death after conviction for the rape and murder of two sisters in St. Louis, who were pushed to their deaths from the Chain of Rocks Bridge into the Mississippi River. 

Reggie Clemons is one of four men who were found guilty of killing two young girls, sisters Robin and Julie Kerry, back in 1991.  Clemons has consistently claimed his innocence in this case and his defense attorneys are optimistic after the Missouri Supreme Court appointed a judge to preside over a hearing to look into prosecutorial misconduct, racial bias, and other misdeeds.

5.  Connecticut’s Death Penalty Statute is being challenged by those setting on Connecticut’s Death Row who still face execution even though the statute itself was repealed.

In Connecticut, the death penalty statute was repealed back in April 2012, but that didn’t grandfather in the 11 men who are already sentenced to death and awaiting execution.  These men have grouped together in a joint effort to fight against their ironic situation, and a hearing has been held this month on whether or not they should have their sentences revisited. 

As for Florida and Texas?  Stay tuned.

 

 

Back in May 2012, Terry Lenamon in his role as Chairman of the Board of Directors for the Florida Capital Resource Center, wrote to Les Garringer, the Executive Director of the Florida Innocence Commision, to explain how recent Florida laws have impacted the ability of Florida capital defense attorneys to effectively do their jobs, which is defending people that the State of Florida seeks to execute. 

Here are excerpts from that correspondence which may be of interest to our readers and those concerned about the death penalty in this country.  Terry writes:

Florida’s capital defendants are facing a deficiency in effective representation, particularly in those areas of the State responsible for the highest number of death sentences. One of the primary reasons for this deficit in quality representation is Florida’s statutory scheme for compensating private court-appointed counsel – section 27.5304, Florida Statutes (2010). For several reasons, the current scheme works to discourage qualified private attorneys from registering for court- appointment. At the same time, the statute provides economic incentive for  those who do register to spend as little time on a case as possible. Together, these unintended consequences have resulted in a significant decrease in the quality of representation available to capital defendants.

Highly Qualified Attorneys Need Not Apply

The compensation scheme codified in section 27.5304 was intended to save the State money by limiting attorney’s fees and encouraging plea deals. Thus, section 27.5304(5) provides a schedule of flat fees for attorneys based on the class of offense, and as noted in subsection (11), the Legislature intended “that the flat fees prescribed . . . comprise the full and complete compensation for private court-appointed counsel.” However, for more serious or complex cases, these flat fees are set unreasonably low:

1. For misdemeanors and juveniles represented at the trial level: $1,000.
2. For noncapital, nonlife felonies represented at the trial level: $2,500.
3. For life felonies represented at the trial level: $3,000.
4. For capital cases represented at the trial level: $15,000.
5. For representation on appeal: $2,000.

§27.5304(5)(a) (2010).

The fees are especially unreasonable as they relate to capital cases. A properly managed capital case that reaches trial typically lasts several months, if not years, and will generally require hundreds of hours of attorney time to prepare. However, based on a recent survey in which 91% of responding Florida lawyers listed their hourly rate at $150 or higher, the statutory flat fee for capital cases amounts to 100 hours or less of attorney time – an amount that barely covers the in-court time of an attorney over the course of both phases of a trial. [2]  Thus, in the capital context, the prescribed flat fees immediately discourage qualified attorneys from registering for court-appointment – and even more so for attorneys with greater experience who presumably charge a higher rate…..

 

Terry Lenamon is in the news again as he fights to save two men from the death penalty in Florida, filing motions in two separate Marion County death penalty matters, on behalf of James Edward Bannister and Michael Lamar.

He is arguing that the Florida Statute 27.5304 not only establishes how private court-appointed counsel are paid but that the law creates a conflict of interest for judges who are presiding over these indigent cases.  The motions request disqualification of the court, where the judge not only presides over the case itself but also approves the defense expenses including the attorney’s fees for representing the indigent defendant. 

It’s the idea that the judge may short cut in order to save money in an indigent case that is seeking to impose the death penalty that is the crux of Lenamon’s argument. 

Will it succeed?  Stay tuned.

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.

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!

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.

 

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.