Filing #61228839E-Filed08/31/201706:42:25PM RECEIVED, 08/31/201706:43:31 PM,Clerk,Supreme Court APPENDIX A University of Colorado at Boulder Department of sociology Ketchum 173 Michael L. Radelet 327 UCB Professor Boulder, Colorado 803094327 (303) 735-5811 Direct 932 2 8878 °'°'ª ° °ªª Affidavit ofMichael L. Radelet State of Colorado, County of Boulder The undersigned, Michael L. Radelet, hereby declares under penalty ofperjury: 1. I received a Ph.D. in sociology from Purdue University in 1977. After two years of postdoctoral training in Psychiatry at the University ofWisconsin Medical School, Ijoined the faculty at the University ofFlorida in 1979. After twenty-two years ofservice at that university (including the last five as Chair, Department of Sociology), I moved to the University of Colorado in September 2001 as a tenured Professor of Sociology, a position I still retain. I served as the Chair ofthe Sociology Department at the University of Colorado from 2004-2009. 2. Since 1981 I have published six books and six dozen scholarly papers, in the nation's top sociology, criminology, and lawjournals, relating to various aspects of capital punishment. See, for example, Miscarriages ofJustice in Potentially Capital Cases, 40 STANFORD LAW REVIEW 21-179 (1987); FACING THE DEATHPENALTY (Temple University Press, 1989); Choosing Those Who WillDie: Race and the Death Penalty in Florida, 43 FLORIDA LAW REVIEW 1-34 (1991); IN SPITE OF INNOCENCE (Northeastern University Press, 1992); EXECUTING 2 THE MENTALLY ILL (Sage Publications, 1993); THE HISTORY OF THE DEATH PENALTY IN COLORADO (University Press of Colorado, 2017). I have also testified on issues relating to the death penalty before committees ofthe U.S. Senate and the U.S. House of Representatives, and have been retained by the Racial and Ethnic Bias Study Commission ofthe Florida Supreme Court to research patterns of death sentencing in Florida. Between 2000-2003 I was retained by the Office ofthe Governor, State ofIllinois, to study race and death sentencing in that state. In January 2003 Govemor George Ryan commuted some 167 death sentences in Illinois in part because ofthat research. See Pierce and Radelet, Race, Region, andDeath Sentencing in Illinois, 1988-1997, 81 OREGON LAW REVIEW 39 (2002). 3. As part ofmy research, since 1979 I have collected and maintained data on every death penalty case in Florida. My work, including that derived from my Florida database, has been cited by the Supreme Court in a dozen cases. 4. One ofthose cases was Herrera v. Collins, 506 U.S. 390 (1993). In that opinion (at p. 415), Justice Rehnquist, writing the majority opinion (joined by Justices O'Connor, Scalia, Kennedy, and Thomas), wrote "Executive clemency has provided the "fail safe" in our criminal justice system. ... Recent authority confirms that over the past century clemencyhas been exercised frequently in capital cases in which demonstrations of "actual innocence" have been made. See M. Radelet, H. Bedau, & C. Putnam, In Spite ofInnocence 282-356 (1992)." 5. This statement is a misrepresentation of our research. In addition to the cited paper, for the past 25 years I have closely followed commutations ofdeath sentences in the U.S. Michael L. Radelet & Barbara Zsembik, Executive Clemency in Post-Furman Cases, UNIVERSITY OF RICHMOND LAW REVIEW 27 (1993): 289-315. My list ofpost-1972 commutations is now maintained by the Death Penalty Information Center; see 3 http://www.deathpenaltyinfo.org/clemency,and it is widelyrecognized as the definitive list of post-Furman clemencies in death penalty cases in the U.S. Since 1972, only 78 death sentences in the US. have been commuted to prison terms on the individual merits ofthe case bypower of the Executive Branch.(including two by President Obama in 2017).1 6. At the same time - post-1972 - there have been 157 people released from America's death rows because of overwhelming evidence ofinnocence. This list oferroneous death sentences also originated with my work (in the 1987 STANFORD LAW REVIEW paper I coauthored that was cited by Justice Rehnquist et al. in Herrera v. Collins, noted above). Like my list of post-1972 commutations, this list offormer death row inmates released because of doubts about guilt is now maintained by the Death Penalty Information Center; see http://www.deathpenaltyinfo.org/innocence-list-those-freed-death-row, and is widely recognized as the definitive list ofpost-Furman inmates released from death rows in the U.S. because of strong doubts about guilt. 7. Since 1972, there have been only six death sentences in Florida commuted to prison terms through power ofExecutive Clemency. A brief description ofthese cases is appended at the end ofthis document. No death row inmate in Florida has seen his or her death sentence commuted by the Executive Branch in over 33 years. No death sentences were commuted by Govemors Wayne Mixon (who served for three days in 1987), Bob Martinez, Lawton Chiles, Buddy McKay (who served for less than a month in 1998-99), Jeb Bush, Charlie Christ, or Rick Scott (so far). Ofthe 157 death row exonerees mentioned above, Florida, with 26, has the most. 1 In addition, governors ofstates that were abolishing the death penalty ordered "mass grants" of commutations, but these commutations were not based on individual case characteristics. Included here are five comumtations in New Mexico (1986), 167 (and four pardons) by Gov. Ryan in Illinois (2003), eight in New Jersey (2007), an additional 15 by Gov. Quinn in Illinois (2011), and four in Maryland (2015). 4 Not a single one ofthese Florida exonerees obtained his freedom through powers of executive clemency. FURTHER AFFIANT SAYETH NOT. MICHAEL L. RADELET Sworn to and Signed before me, this 7 19 day ofFebruary, 2017: SUSAN K SIDERS NOTARY PUBLIC STATE OF COLORADO NOTARY 10 # 19984020 MY COMMfSSION EXPlRES JULY 6. 2018 NOTARY PUBLIC 5 Appendix I Florida Death Sentences Commuted, 1972-February20172 L Alford, Learie Leo. June 26, 1979. Alford was convicted on mostly circumstantial evidence ofthe January 1973 rape and murder of a 13 year old girl.3 In 1977, and eyewitness recanted the testimony he had given at trial and told the authorities that the true killer was much larger than Alford.4 The witness had been reluctant to come forward with this information after the trial because ofa fear ofbeing charged with perjury.5 At the clemency hearing before Florida's cabinet, the main argument made by Alford's attorney in favor of clemency was "Learie Alford did not commit the murder he was convicted of.',6 2. Gibson, Richard Henry. May 6, 1980. Gibson and three companions were involved in robbing and shooting two Brazilian seamen who were on leave in Jacksonville in 1975. One of the sailors died. At sentencing, Gibson's lawyer did not present any evidence and Gibson was sentenced to death.7 His accomplice was sentenced to life and two women who were involved in the crime were never imprisoned.8 Those sentencing disparities were apparently the reason for the commutation. 3. Hallman, Clifford. June 26, 1979. Hallman was convicted in 1973 of slitting the throat of a barmaid with a piece ofbroken glass.9 No arteries were cut, but the victim died ofsuffocation four days later. Hallman's attorneys argued that Hallman did not possess enough premeditation to render him guilty of first-degree murder. Furthermore, they alleged that had the victim received proper treatment at Tampa General Hospital, her death would have been prevented. Indeed, the victim's family successfully sued the hospital for $42,500 for malpractice. The original prosecutor in the case joined the plea for clemency.1° 4. Hoy, Darrell Edwin. January 9, 1980. Hoy was convicted ofparticipating in a rape and double murder.11 His accomplice, Jesse Hall, was the trigger man. Hall was originally sentenced to death, but after winning a retrial he was sentenced to life imprisonment. The trial juries originally recommended life sentences for both Hall and Hoy. At the clemency hearing, Hoy's attorney emphasized Hoy's youth (age 22 at the time of the crime), his low intelligence, and his susceptibilityto domination by Hall.12 2 Michael L. Radelet & Barbara Zsembik, Executive Clemency in Post-Furman Cases, UNIVERs1TY OF RICHMoND LAW REVJEW 27 (1993): 289-315. 3 Alford v. State, 307 So.2d 433 (Fla. 1975), cert. denied, 428 U.S. 912 (1976). 4 Delbert L. Ibert, Two GetDecision on Mercy, TALLAHASSEE DEMoCRAT, June 20, 1979, at 1A, 9A. 3 Argument on behalfofLearie Alford, Transcript ofArgument for Executive Clemency at 13, April 20, 1979 (on file with Radelet). 6 Id. 7 Gibson v. State, 351 So.2d 948 (Fla. 1977), cert. denied, 435 U.S. 1004 (1978). 8 Graham Commutes Gibson Sentence, FLA. TIMEs UNION (Jacksonville), May 7, 1980, at B4. 9 Hallman v. State, 305 So.2d 180 (Fla. 1974). ¹° Wayne Ezell, Hallman is Sure He 'll GetNew Trial, TALLAHASsEEDEMoCRAT, Sept. 8, 1977, at 1; Tom Fiedler, Is He CondemnedforHospital'sError?, MIAMI HERALD, Jan. 23, 1977, at 1; Ibert, supra note 4; Kevin Kalwary, Clz]ford Hallman, TAMPA TRIB., June 20, 1979, at 6A. " Hoy v. State, 353 So.2d 826 (Fla. 1978). ¹2 OfConvictions and Clemency (editorial), CLEARWATER SUN, Jan. 2, 1980, at 8A; David Pero, Hoy'sLzy'e Spared, CLEARWATER SUN, June 13, 1980, at 1A. 6 5. Rutledge, Jesse Raymond. April 19, 1983. In 1974, Rutledge was convicted ofbreaking into a home and stabbing a woman and her three children.¹³ The woman and one child died.¹4 Rutledge consistentlymaintained his innocence and the evidence strongly implicated another man, who was never indicted for the crime. The sentence was apparently commuted because of doubts about Rutledge's guilt." 6. Salvatore, Michael. May 19, 1981.