Filing # 61228839 E-Filed 08/31/2017 06:42:25 PM 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 .

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 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 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 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 Hospital, her death would have been prevented. Indeed, the victim's family successfully sued the hospital for $42,500 for malpractice. The original 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. Salvatore and two companions were convicted ofthe 1975 murder of a Miami businessman, whose body was dumped into the Gulfstream and never found.16 At the clemency hearing, Salvatore's attorney argued that Salvatore had nothing to do with the crime. That and the disparities in sentences between Salvatore and two others involved are the likely explanations for the commutations.17

13 Rutledge v. State, 374 So. 2d 975, 976 (Fla. 1979), cert. denied, 446 U.S. 913 (1980). 14 Id. 15 George Bayliss, Convicted Slasher Wants Retrial in Hawthorne Case, GAINEsvILLE SUN, Nov. 28, 1983, at 8A; Julie Finch, Graham Requests Review ofDeath Row Case, FLORIDA FLAMBEAU (Tallahassee), Jan. 13, 1982, at 1; Graham Commutes Rutledge 's Sentence, GAINESVILLE SUN, Apr. 20, 1983, at 6A. 16 Salvatore v. State, 366 So.2d 745, 746-47 (Fla. 1978), cert. denied, 444 U.S. 885 (1979). 17 8usinessman 's Killer is Spared by Cabinet, SARASoTA HERALD-TRIB., May 20, 1981, at 9B. 8/31/2017 Innocence: List of Those Freed From Death Row | Death Penalty Information Center D P DEATH PENALTY I C INFORMATION CENTER

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FACTSHEET UPCOMINGEXECUTIONS EXECUTION DATABASE STATE-BY-STATE

Innocence: List of Those Freed From Death Row

Last exoneration May 11, 2017 (#159)

For inclusion on DPiC's Innocence List:

Defendants must have been convicted, sentenced to death and subsequently either-

a. Been acquitted of all charges related to the crime that placed them on death row, or

b. Had all charges related to the crime that placed them on death row dismissed by the prosecution or the courts, or

c. Been granted a complete pardon based on evidence of innocence.

For a fuller description of the criteria used in this list and the reasons why these criteria were chosen, see Section V of DPIC's most recent Innocence Report. See also an excerpt below from an article in the Baltimore Sun by Dan Rodricks regarding the use of the term "exonerated." .

The list includes cases in which the release occurred 1973 or later.

See also DPIC's Innocence Database -Searchable database of all exonerations since 1973 - allows you to search and sort for cases by year, state, race, and other variables.

NR* Name State Race Year Convicted Year Exonerated Years Between Reason DNA

David Keaton |FL B 1971 1973 2 Charges Dismissed 2 Samuel A. Poo e . NC B 1973 1974 1 Charges Dismissed

3 W bert Lee FL B 1963 1975 12 Pardoned

4 Fredd e P tts FL B 1963 1975 12 Pardoned 5 James Creamer GA W 1973 1975 2 Charges Dismissed 6 Christopher Soicer NC B 1973 1975 2 Acquitted 7 Thomas G ad sh NM W 1974 1976 2 Charges Dismissed 8 Richard Greer NM W 1974 1976 2 Charges Dismissed 9 Ronald Keine NM W 1974 1976 2 Charges Dismissed

10 Clarence Smith NM W 1974 1976 2 Charges Dismissed 11 Delbert Tibbs FL B 1974 1977 3 Charges Dismissed https://deathpenaltyinfo.org/innocence-ist-those-freed-death-row 1/6 8/31/2017 innocence: List of Those Freed From Death Row [ Death Penalty Information Center

NR* Name State Race Year Convicted Year Exonerated Years Between Reason DNA

12 MarI Charles GA i B 1975 1978 3 Charges Dismissed 13 Jonathan Treadway AZ W 1975 1978 3 Acquitted 14 Gary Beeman OH W 1976 1979 3 Acquitted

15 Jerry Banks GA B 1975 1980 5 Charges Dismissed 16 Larry Hicks N ) B 1978 1980 2 Acquitted 17 |Charles Ray Giddens OK B 1978 1981 3 Charges Dism ssed i !! i 18 !Michael Linder SC W 1979 1981 2 Acqu tted 19 jJohnny Ross LA B " 4 1975 1981 6 Charges Dismissed |20 Emest (Shuiaa) Graham CA .i B 1976 1981 5 Acquitted |21 Annibal Jaramillo FL L 1981 1982 1 Charges Dismissed 22 Lawyer Johnson MA B 1971 1982 11 Charges Dismissed ï 23 Larry Fisher MS |W 1984 1985 1 Acquitted 24 Anthony Brown FL ) B 1983 1986 3 Acquitted 25 Neil Ferber ÍPA W 1982 1986 4 Charges Dismissed 26 Clifford Hentv Bowen OK W 1981 1986 5 Charges Dismissed 27 Joseph Green Brown FL B 1974 1987 13 Charges Dismissed

erry Co b IL B 1979 1987 8 Acquitted 29 Darby (Jesse) Tillis il B 1979 1987 8 Acquitted

30 Vernon McManus TX W 1977 1987 10 Charges Dismissed 31 Anthony Ray Peek FL B 1978 1987 9 Acquitted

32 Juan Ramos FL L 1983 1987 4 Acquitted

33 Robert Wallace GA B 1980 1987 7 Acquitted 34 Richard Neal Jones OK W 1983 1987 4 Acquitted

35 Willie Brown FL B 1983 1988 5 Charges Dismissed 36 Larry Trov FL B 1983 1988 5 Charges Dismissed 37 Randall Dale Adams TX W 1977 1989 12 Charges Dismissed

|38 Robert Cox FL W 1988 1989 1 Charges Dismissed

39 James Richardson ÍFL B 1968 1989 21 Charges Dismissed :

40 Clarence Brandlev TX B 1981 1990 9 Charges Dismissed 41 John C. Skelton TX W 1983 1990 7 Acquitted

42 Dale Johnston jOH W 1984 1990 6 Charges Dismissed 43 Jimmy Lee Mathers AZ W 1987 1990 3 Acquitted

44 Gary Nelson GA B 1980 1991 11 Charges Dismissed | 45 Bradiev P. Scott FL W 1988 1991 3 Acquitted

46 Charles Smitil IN B 1983 1991 8 Acquitted

47 Jay C. Smith PA W 1986 1992 6 Acquitted 48 Kirk Bloodsworth MD W 1984 1993 9 Charges Dismissed Yes 49 Federico M. Macias TX L 1984 1993 9 Charges Dismissed 50 Walter McMiRian AL B 1988 1993 5 Charges Dismissed https://deathpenaltyinfo.org/innocence-list-those-freed-death-row 2/6 8/31/2017 Innocence: List of Those Freed From Death Row | Death Penalty Information Center

| NR" Name State Race Year Convicted Year Exonerated Years Between Reason DNA"

51 |Grecory R. Wilhoit OK W 1987 1993 16 Acquitted

52 James Robison AZ W 1977 1993 .16 Acquitted 53 Muneer Deeb TX 0 1985 1993 8 Acquitted

54 Andrew Golden FL W 1991 1994 3 Charges Dismissed 55 Adolph Munson OK B 1985 1995 10 Acquitted

56 Robert Charles Cruz AZ 1981 1995 14 Acquitted

57 Rolando Cruz IL L 1985 1995 10 Acquitted Yes 58 |Aleiandro Hernandez |L L 1985 1995 10 Charges Dismissed Yes

59 Sabrina Butler MS B 1990 1995 5 Acquitted

60 Joseph Burrows IL W 1989 1996 7 Charges Dismissed 61 Verneal Jimerson B 1985 1996 11 Charges Dismissed Yes

62 Denn s W ams IL B 1979 1996 17 Charges Dismissed Yes 63 Roberto Miranda NV L 1982 1996 14 Charges Dismissed 64 Gary Gauqer IL W 1993 1996 3 Charges Dismissed 65 Trov Lee Jones CA B 1982 1996 14 Charges Dismissed 66 Carl Lawson IL B 1990 1996 6 Acquitted 67 David Wayne Grannis AZ W 1991 1996 5 Charges Dismissed

68 Ricardo Aldape Guerra TX L 1982 1997 15 Charges Dismissed

69 Beniamin Hanis WA B 1985 1997 12 Charges Dismissed 70 Robert Hayes FL B 1991 1997 6 Acquitted

71 Christopher McCrimmon AZ B 1993 1997 4 Acquitted

72 Randal Padoett AL W 1992 1997 5 Acquitted

73 Robert Lee Miller, Jr. OK B 1988 1998 10 Charges Dismissed Yes

74 Curtis Kyles LA B j1984 1998 14 Charges Dismissed

75 Shareef Cousin LA B 1996 1999 3 Charges Dismissed 76 Anthony Porter IL B 1983 1999 16 Charges Dismissed

77 Steven Smith iL B 1985 1999 14 Acquitted

i 78 Ronald Williamson OK W 1988 1999 11 Charges Disrnissed Yes

79 Ronald Jones JL B 1989 1999 10 Charges Dismissed Yes 80 Clarence Dexter. Jr. MO W 1991 1999 8 Charges Dismissed

81 Warren Douglas Manning SC B 1989 1999 10 Acquitted

82 Alfred Rivera NC L 1997 1999 2 Charges Dismissed

83 Steve Manning IL W 1993 2000 7 Charges Dismissed °ª°ªª°"³ ° S ¹°°7 2°°° '³ ^°quitted 85 Joseph Nahume Green FL B 1993 2000 )7 Charges Dismissed

86 Earl Washinoton VA B 1984 2000 16 Pardoned Yes

87 William Nieves PA L 1994 2000 6 Acquitted ...... _ Frank Lee Smith - died prior to exoneration - B 986 2000 ** 14 Charges Dismissed Yes

89 Michael Graham LA W 1987 2000 13 Charges Dismissed https //deathpenaltyinfo.org/innocence-list-those-freed-death-row 3/6 8/31/2017 Innocence: List of Those Freed From Death Row | Death Penalty information Center

NR* Name State Race Year Convicted Year Exonerated Years Between Reason DNA"

90 Albert Burrell LA W |1987 2000 13 Charges Dismissed 91 Oscar Lee Morris CA B 1983 2000 17 Charges Disrnissed

92 Peter Limone MA W 1968 2001 33 Charges Dismissed 93 Gary Drinkard AL W 1995 2001 6 Charges Dismissed 94 Joaquin Jose Martinez FL L 1997 2001 4 Acquitted

95 Jeremy Sheets NE W 1997 2001 4 Charges Dismissed

96 Charles Fain ID W 1983 2001 18 Charges Dismissed Yes 2002 18 Charges Dismissed 98 Ray Krone AZ W 1992 2002 10 Charges Dismissed Yes 99 Thomas Kimbell, Jr. PA W 1998 2002 4 Acquitted

100 Larry Osborne KY W 1999 2002 3 Charges Dismissed 101 Aaron Patterson iL B 1986 2003 17 Pardoned

102 Madison Hoblev IL B 1987 2003 16 Pardoned | 103 - Leroy Orance - |L B 1984 2003 19 Pardoned

104 Stanley Howard IL B 1987 2003 16 Pardoned

105 Rudolph Holton FL B 1986 2003 16 Charges Dismissed 106 Lemuel Prion AZ W 1999 2003 4 Charges Dismissed 107 Wesley Quick AL W 1997 2003 6 Acquitted

108 John Thomoson LA B 1985 2003 18 Acquitted

109 Timothy Howard OH B 1976 2003 26 Charges Dismissed

110 Gary Lamar James OH B 1976 2003 26 Charges Dismissed

111 Joseph Amrine MO B 1986 2003 17 Charges Dismissed 112 Nicholas Yarris PA W 1982 2003 21 Charges Dismissed Yes

113 Alan Gell NC W 1998 2004 6 Acquitted

114 3Gordon Steidi IL W 1987 2004 17 Charges Dismissed

115 Laurence Adams MA B 1974 2004 30 Charges Dismissed

116 Dan L. Bricht LA B 1996 2004 8 Charges Dismissed

117 Ryan Matthews LA B 1999 2004 5 Charges Dismissed Yes 118 Ernest Rav Willis TX W 1987 2004 17 Charges Dismissed 119 Derrick Jamison OH B 1985 2005 20 Charges Dismissed 120 Harold Wilson PA B 1989 2005 16 Acquitted

121 John Ballard FL W 2003 2006 3 Acquitted 122 Curtis McCarty OK W 1986 2007 21 Charges Dismissed Yes 123 Michael McCormick TN W 1987 2007 20 Acquitted

124 Jonathon Hoffman NC B 1995 2007 12 Charges Dismissed 125 Kennedy Brewer MS B 1995 2008 13 Charges Dismissed Yes

126 Glen Chapman NC B 1994 2008 14 Charges Dismissed

127 Levon Jones ¡NC B 1993 2008 15 Charges Dismissed

128 Michael B air TX O 1994 2008 14 Charges Dismissed Yes https://deathpenaltyinfo.org/innocence-list-those-freed-death-row 4/6 8/31/2017 Innocence: List of Those Freed From Death Row | Death Penalty Information Center

NR" Name State Race Year Convicted Year Exonerated Years Between Reason DNA

| 129 (Nathson Fields IL B 1986 (2009 23 Acquitted 130 Paul House TN W 1986 2009 23 Charges Dismissed 131 Daniel Wade Moore AL W 2002 2009 7 Acquitted 132 Ronald Kitchen IL B 1988 2009 21 Charges Dismissed 133 Herman Lindsey FL B 2006 2009 3 Acquitted 134 |Michael Toney TX W 1999 2009 10 Charges Dismissed 135 Yancy Douglas OK B 1995 2009 14 Charges Dismissed 136 Powell OK B 1997 2009 12 Charges Dismissed 137 Robert Sprinasteen TX W 2001 2009 8 Charges Dismissed

138 Anthony Graves TX B 1994 2010 16 Charges Dismissed 139 Gussie Vann TN W 1994 2011 17 Charges Dismissed

140 Joe D'Ambrosio OH W 1989 2012 23 Charges Dismissed 141 Damon Th bodeaux LA W 1997 2012 15 Charges Dismissed Yes

142 Seth Penalver FL W 1999 2012 13 Acquitted

143 Reginald Griffin 042MO B 1983 2013 30 Charges Dismissed 144 Glenn Ford LA B 1984 2014 30 Charges Dismissed 145 Carl Dausch FL W 2011 2014 3 Acquitted

146 Henry McCollum NC B 1984 2014 30 Charges Dismissed Yes

147 Leon Brown NC B 1984 2014 30 Charges Dismissed Yes 148 R cky Jackson OH B 1975

149 Wilev Bridaeman OH B 1975 2014 39 Charges Dismissed

150 Kwarne Alamu OH B 1975 2014 39 iCharges Dismissed

151 Debra Milke AZ W 1990 2015 25 Charges Dismissed

152 Anthony Hinton AL B 1985 2015 30 Charges Dismissed

153 Willie Manning MS B 1996 2015 19 Charges Dismissed

154 Alfred Brown TX B 2005 2015 10 Charges Dismissed 155 Lawrence William Lee GA W 1987

156 - Derral Wayne Hodgkins FL W 2013 2015 2 Acquitted

157 hsaiah McCoy DE B 2012 2017 4 Acquitted 158 Rodricus Crawford LA B 2012 2017 5 Charges D sm ssed

159 Ralph Daniel Wrlaht, Jr. FL B 2014 2017 3 Acquitted

Note: James Bo Cochran (AL) and Timothy Hennis (NC) were originally on this list but are excluded foHowing further research and developments.

Average number of years between being sentenced to death and exoneration: 11.3 years Number of cases in Which DNA was a substantial factor in establishing innocence: 20

*The list is ordered by the year of the inmate's release. OccalonaHy new cases of earlier releases are discovered. Thus, the number assigned to a person above may differ from his or her number in various published DPlc reports.

**DPIC refers to the innocence Project's (Cardozo Law School, NY) criteria for whether a post-conviction exoneration was the result of DNA testing.

The lnnocence Project requires that both:

a) DNA testing played a role in the defendant's reversal, AND https://deathpenaityinfo.org/Innocence-list-those-freed-death-row 5/6 8/31/2017 Innocence: List of Those Freed From Death Row | Death Penalty Information Center b) the results of the testing were central to the inmate's defense and to the identity of the perpetrator.

Sources: DPIC uses a number of resources when adding cases to the above list, including court opinions, media coverage, and conversations with those directly involved in the cases. The earlier cases in the list are based heavily on the research of Hugo Adam Bedau and Michael L. Radelet. (See, e.g., Hugo Bedau and Michael Radelet, "Miscarriages of justice in potentially capital cases," 40 Stanford Law Review21 (1987); M.Radelet, H. Bedau, and C. Putnam, In Spite of Innocence, Northeastern University Press (1992); see also M. Radelet et al., "Prisoners released from death rows since 1970 because of doubts about their guilt " 13 Thomas M. Cooley Law Review 907 (1996)).

I Use of the term "exonerated": Columnist Dan Rodricks of the Baltimore Sun asked DPlc about its list of exonerated individuals. DPIC's then- Executive Director Richard Dieter responded, and that response was reprinted in Mr. Rodricks' column, July 5, 2009:

With respect to your question about our list of exonerated individuals, we use very strict and objective criteria for inclusion of cases on this list. Basically, the list is determined by the decisions of courts and prosecutor offices, not by our subjectivejudgment. As we state in a number of places on our Web site and in our reports, the criteria for inclusion on the list is:

Defendants must have been convicted, sentenced to death and subsequently either- a) their conviction was overturned AND

i) they were acquitted at re-trial or

| ii) all charges were dropped

b) they were given an absolute pardon by the governor based on new evidence of innocence.

The list includes cases where the release occurred in 1973 or later, which was the time that states resumed sentencing people to death after the U.S. Supreme Court had struck down the death penalty. The list originated from a request from Congress asking us to Identify the risks that innocent people might be executed. The original list that we prepared was published as a staff Report of the House Subcommittee on Civii and Constitutional Rights. The list has been favorably referred to by Justices of the U.S. Supreme Court and other federal courts, as well as by many public officials around the country. I We believe the term "exonerated" is entirely appropriate to refer to the individuals on this list, which now numbers [159] individuals. Exonerate means to clear, as of an accusation, and seems to come from the Latin "ex" and "onus" meaning to unburden. That is precisely what has occurred in these cases. The defendants were convicted, given a burden of guilt, and then that burden was lifted when they were acquitted at a re-trial or the prosecution dropped all charges after the conviction was reversed. These are not individuals who received a lesser sentence or who remained guilty of a lesser charge related to the same set of circumstances. All guilt was lifted by the same system that had imposed it in the first place. Our justice system is the only objective source for making such a determination.

This notion of innocence, that an individual is innocent unless proven guilty, is a bedrock principle of our constitution and our societal protection against abusive state power. One does not lose the status of innocence merely because a prosecutor or other individuals retain a suspicion of guilt. Of course, it is true that this list makes no god-like determination of knowing exactly what happened in the original crime. Such perfect knowledge of past events is impossible, either to absolutely prove that a person did or did not do an act. We do not try to make a subjective judgment of what we think happened in the crime. We are merely repolting that in a great many cases the justice system convicted an individual and sentenced them to death, but when the process that arrived at that conclusion was reviewed, the conviction and sentence were thrown out. The individual, who often came close to execution, could not even be convicted of a traffic violation. Surely, that should be a cause of concern in applying the death penalty.

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FACT BHEET UPCOMING EXECUTIONS EXECUTION DATABASE STATE-BY-STATE

Innocence Database

Instructions: This database can be searched using any cornbination of the search filters below. All columns are sortable by clicking the title at the top of the column.| To find out more about a case in the list, click on the name of the Individual.

i # - Refers to the chronological order in which the defendants were exonerated. State - Place of capital conviction Years Between - The difference between the year of exoneration and the year of capital conviction Reason - Normalfy, when a conviction is overturned by an appellate court, the state has the option of re-trying the defendant, if the state does not seek a re-trial, charges are dismissed. If a re-trial occurs and the defendant is found not guilty, the case is listed as an acquittal. DNA evidence - refers to whether DNA evidence played a major role in exonerating ("yes") the defendant or not ("no").

For more information on the criteria for inclusion on DP|C's Innocence List click _h_eere. To export the Innocence Database, click here.

Name of exoneree (full or partial) Year of exoneration (four digits) State Race of exoneree Dna evidence c-...- | Apply . ._....__ (FL YI -Anyd |-Any-v

27 exoneration(s) match your current filters

Name State Race Convicted Exonerated Years Between Heason DNA David Keaton FL Black 1971 1973 2 Charges Dismissed

lack 1963 1975 12 Pardoned No Freddie Pitts FL Black 1963 1975 12 Pardoned No

11 Delbert Tibbs FL Black 1974 1977 3 Charges Dismissed No

21 Annibal Jaramillo FL Latino 1981 1982 Charges Dismissed No

24 Anthony Brown FL Biack p 1983 1986 3 Acquitted No

27 Joseph Brown FL Black 1974 1987 13 Charges Dismissed No

31 Anthony Peek FL Black 1978 1987 9 Acquitted No

32 Juan Ramos FL Latino 1983 1987 | 4 Acquitted No

35 Wilfie Brown FL Black 1983 1988 5 Charges Dismissed No

36 Larry Trov FL Black 1983 1988 5 Charges Dismissed No 38 Robert Cox FL White 1988 1989 Charges Dismissed No

39 Ja es Black 1968 1989 21 Charges Dismissed No https://deathpenaltyinfo.org/innocence?inno_name=&exonerated=&state_innocence=8&race=All&dna=All 1/2 8/31/2017 Innocence Database | Death Penalty Information Center i # Name State Race Convicted Exanerated Years Betweeri Reason DNA 45 Bradley Scott FL White 1988 1991 3 Acquitted No

54 Andrew Golden FL White 1991 1994 3 ! Charges Dismissed No 70 Robert Hayes FL Black 1991 1997 6 Acquitted No

85 Joseph Green FL Black 1993 2000 7 Charges Dismissed No

88 Frank Smith FL Black 1986 2000 14 Charges Dismissed Yes 94 Joaauiri Martinez FL Latino 1997 2001 4 Acquitted No

97 Juan Melendez FL Latino 1984 2002 18 Charges Dismissed No 105 Rudofoh Holton FL Black 1986 2003 16 Charges Dismissed No 121 John Ballard FL White 2003 2006 Acquitted No

; 133 Herman LindseV FL Black 2006 2009 3 Acquitted No

2 Seth Penalver FL White 1999 2012 13 Acquitted No

145 Carl Dausch FL White 2011 2014 Acquitted No

https://deathpenaltyinfo.org/innocence?inno_name=&exonerated=&state.jnnocence=8&race=All&dna=All 2/2 8/31/2017 innocence Database | Death Penalty Information Center D P DEATH PENALTY I C INFORMATION CENTER

Home issues Resources Facts Reports About Press Donate

FACT SHEET UPCOMNG EXECUTIONS EXECUTION DATABASE STATE-BY-STATE

Innocence Database

nstructions: This database can be searched using any combination of the search fllters below. All columns are sortable by clicking the title at the top of the column. To find out more about a case in the list, click on the name of the individual.

. Terms: # - Refers to the chronological order in which the defendants were exonerated. State - Place of capital conviction Years Between - The difference between the year of exoneration and the year of capital conviction Reason - Normally, when a conviction is overturned by an appellate court, the state has the option of re-trying the defendant. If the state does not seek a re-trial, charges are dismissed. If a re-trial occurs and the defendant is found not guilty, the case is listed as an acquittal DNA evidence - refers to whether DNA evidence played a major role in exonerating ("yes") the defendant or not ("no").

or more information on the criteria for inclusion on DPIC's Innocence List click here. To export the Innocence Database, click here.

Name of exoneree (full or partial) Year of exoneration (four digits) State Race of exoneree Dna evidence App y · -- ._...... __..! _. _. __.__ |- Any - T Yes T

j20 exoneration(s) match your current filters: | |

# Name State Race Convicted Exonerated Years Between Reason DNA 48 Kirk Bloodsworth MD White 1984 [ 1993 g Charges Dismissed Yes

57 Rolando Cruz IL Latino 1985 1995- 10 Acquitted Yes

! 58 Ale|andro Hemandez IL Latino 1985 1995 10 Charges Dismissed Yes

61 Verneal Jimerson |L Black 1985 1996 11 Charges Dismissed Yes

62 Dennis WiHlams IL . Black 1979 1996 17 Charges Dismissed Yes

Robert Miller OK Black 1988 1998 10 Charges Dismissed Yes 78 Ronald Williamsori OK White 1988 . 1999 11 Charges Dismissed Yes

79 Ronald Jones IL Black 1989 1999 10 Charges Dismissed Yes

86 Earl Washington VA Black 1984 2000 16 Pardoned i Yes

88 Frank Smith FL Black 1986 2000 14 Charges Dismissed Yes j .

96 Charles Fein ID White 1983 2001 18 Charges Dismissed Yes

98 Ray Krone AZ White 1992 2002 10 Charges Dismissed | Yes 1 112 Nicholas Yarris PA White 1982 2003 21 Charges Dismissed } Yes https://deathpenaltyinfo.org/innocence?inno_name=&exonerated=&state_innocence=All&race=All&dna=1 1/2 8/31/2017 innocence Database | Death Penalty Information Center Name State Race convictet! Exonerated Years Between Reason DNA 117 Ryan Matthews LA Black 1999 2004 5 Charges Dismissed Yes

122 Curtis McCarty OK . White 1986 2007 21 Charges Dismissed Yes

125 Kennedy Brewer MS Black 1995 ; 2008 13 Charges Dismissed Yes

128 Michael Blair TX Other 1994 2008 14 Charges Dismissed Yes ----{--.._...... 141 Damon Thibodeaux . ., LA White 1997 2012 15 Charges Dismissed Yes 146 Henry Lee McCollum NC Black 1984 2014 30 Charges Dismissed Yes 147 Leon Brown NC Black 1984 2014 30 . Charges Dismissed Yes

https://deathpenaltyinfo.org/innocence?inno_name=&exonerated=&state_innocence=A&race=Al &dna=1 2/2 APPENDIX B AFFIDAVIT

AFFIDAVIT of Norman Adam Tebrugge February 22, 2017

My qualifications to make this affidavit are as follows:

1. I received a Bachelor's Degree from New College of Florida in 1982. I graduated from the Florida State University College of Law with high honors in 1984. While attending Florida State I served as article and notes editor of the law review and interned with Florida Supreme Court justice Raymond Ehrlich. Over the past thirty years I have attended multiple continuing legal education classes on capital punishment.

2. I became a member of the Florida Bar in May of 1985, and became Board Certified as a Criminal Trial Lawyer in 1999. I was employed by the Office of the Public Defender in the 12th JudiCial CirCuit from 1985 - 2008. In 1985-86 I handled primarily misdemeanor cases. From 1987 - 1989 I handled primarily felony cases. From 1990 - 2008 I handled primarily homicide cases, including multiple cases where the death penalty was at issue. My best estimate is that I served as trial counsel for the defendant in more than 100 homicide cases including approximately 12 cases where the death penalty was sought by the State of Florida.

3. From approximately 1995 - 2008 I served as a member of the Death Penalty Steering Committee of the Florida Public Defender Association. In this capacity I was responsible for planning the annual "Life Over Death" training conference. This annual conference lasted three days and was designed to ensure that assistant public defenders and private attorneys who handled capital cases had a familiarity with all aspects of Florida capital law and tactics. Several hundred attorneys, investigators and mitigation specialists attended the conference each year.

4. My role in the conference was to deliver a three-hour lecture generally referred to as a "primer" on Florida capital punishment law and best practices of capital defense attorneys. This lecture covered the attorney's responsibility from entry into the case through pretrial litigation, discovery, mitigation investigation, trial, penalty phase and Spencer hearings. To accompany the lecture, I prepared an outline, "Defending a Capital Case in Florida," that was distributed to all participants and updated yearly.

5. I delivered similar lectures to the 5th and 6th Annual Advance Capital Cases Seminar put on by the Florida Commission on Capital Cases in 2004 - 2005. I have also lectured at the "Death is Different" annual conference put on by the Florida Association of Criminal Defense Lawyers.

6. In August, 2014 I was retained by the Florida Commission for Offender Review. I was contracted to conduct an in person meeting with Michael Lambrix, an inmate on Florida's death row. I was also contracted to prepare a clemency submission on his behalf.

7. In death penalty cases, the clemency process traditionally was intended to function as a final safeguard or "fail safe" in our criminal justice system to evaluate (1) the fairness and judiciousness of the penalty in the context of the circumstances of the crime and the individual; and (2) whether a person should be put to death. See Herrera v. Collins, 506 U.S. 390, 415 (1993). There is a demonstrated need for procedural bars within the court system but it is just as important that those procedural bars do not result in a travesty of justice. The clemency process can only fulfill this critical function when the exercise of the clemency power is governed by fundamental principles of justice, fairness, and mercy, and not by political considerations.

8. Pursuant to my contract I conducted a six hour interview of Michale Lambrix at the Florida State Prison on October 15, 2014. The contract required that I prepare the submission within 45 days of the interview. I requested a one month extensions and was granted one week.

9. I prepared and delivered a "Request for Commutation of Sentence" on December 5, 2014. In this submission we demonstrated that there had been a failure of the judicial process in the Lambrix case. We further demonstrated that Mr. Lambrix had many demonstrable positive character traits and had demonstrated significant rehabilitation since being incarcerated. Additionally, we pointed out that no death row inmate in Florida had a sentence commuted since 1983.

10. As counsel for Mr. Lambrix, I requested that the Florida Commission on Offender Review conduct a meaningful investigation of his case. I also requested that he be given a hearing before the Florida Clemency Board. 11. I learned that the request for commutation of sentence was denied when Governor Scott signed a death warrant for Mr. Lambrix. This warrant was signed without additional investigation or clemency hearing. I have no evidence that any member of the Florida Commission on Offender Review or Clemency Board ever reviewed or gave meaningful consideration to the clemency petition.

I have reviewed this affidavit and hereby swear that its contents are TRUE.

S\ Norman Adam Tebrugge Florida Bar # 0473650

Executed this 22 day of February, 2017 Norman Adam Tebrugge Personal: Born December 7, 1961 in Tampa, Florida Married to attorney and teacher, Regina Tebrugge

Education: Graduate ofNew College ofFlorida with a B.A. in 1982. While at New College I spent the spring semester of 1981 interning in the press office of Governor Bob Graham. Graduate of Florida State University College of Law, with high honors in 1984. While at F.S.U. I interned with Justice Ray Erlich of the Florida Supreme Court, and served as an article and notes editor on the law review.

Legal Experience: I was employed as an assistant public defender in the State of Florida's Twelfth Judicial Circuit from 1985 - 2008. I handled misdemeanor cases for two years, felony cases for three years, and then spent eighteen years in the capital crimes division. My responsibilities included pre-trial litigation, jury trials, penalty phase arguments, negotiations with the State Attorney's Office, preparation of sentencing memorandums, and client contact and relations. I have defended more than a hundred homicide cases. From 1995 - 2007, I was a member of the Death Penalty Steering Committee of the Florida Public Defender's Association. Our primary responsibility was to develop and manage the annual "Life Over Death" training conference for capital attorneys. In 2009 I opened Tebrugge Legal in Bradenton, Florida. I currently defend serious criminal matters at trial, appeal and post-conviction. In particular I focus on cases involving the forensic sciences, such as DNA and forensic pathology. I became board certified as a criminal trial attorney by the Florida Bar in 1999 and have maintained certification since that time. From 2015 -16, I was employed as a staff attorney with the ACLU ofFlorida.

Teaching Experience: In 2007, I co-taught a course on capital punishment at the University of South Florida Manatee/Sarasota campus. I have been teaching "Death Penalty Seminar" at Stetson College of Law and the Thomas Cooley Law School as an adjunct professor since 2010. I have done attorney training throughout the State of Florida. For about twelve years I gave the lecture: "A Primer on Defending Capital Cases in Florida" at the "Life Over Death" conference. Recent training programs I prepared include: "Ethically Defending a High Profile Case," and "Litigating Flawed Forensic Science at Every Stage." In May of 2014, I organized a seminar: "Ethically Litigating Forensic Science Cases" for 60 attorneys in Southwest Florida. Articles: "Discovery Sanctions . . .," 12 Fla. St. U. L. Rev. 189 (1984)

"Defending a Capital Case in Florida," unpublished, distributed to attorneys attending the "Life Over Death" conference 1995-2007.

"The Future of Criminal Justice," a five part series in The Docket, official publication of the Sarasota County Bar Association (2007)

"Are Felony Informations Unconstitutional Under the Grand Jury Clause?" Florida Defender, Volume 23, No. 2 (Summer 2011)

"Some Issues While Defending a Self-Defense Case," Florida Defender, Volume 25, No. 3 (Fall 2013)

"Telling the Rest ofthe Story," Florida Defender, Volume 26, No. 4 (Winter 2014)

Community Service: Sarasota County Civic League President 2005-06

Sarasota County Bar Association Board ofDirectors 2006-2008

Suncoast Partnership to End Homelessness Board ofDirectors since 2006, Chairman ofthe Board 2009 - 2012. Co-Chair Ten Year Plan to End Homelessness in Sarasota

City ofSarasota Advisory Board Vice Chair 2009-10

Awards: Freedom Awardfor Public Service presented by the Sarasota branch ofthe NAACP in October of2007

Jim SlaterAwardfor Professionalism in the Practice ofCriminal Law presented by the judges ofthe Twelfth Judicial Circuit in 2008.

Humanitarian/Civil Rights Award presented by the Manatee/Sarasota chapter ofthe Southern Christian Leadership Conference in 2010

C.L. McKaigAwardfor Extraordinary Service to the Community presented by the Sarasota County Bar Association in 2010. APPENDIX C ...... _. ..._,...... _ .,...... , .,,...... , .. . .. APPENDIX D _... 1 , IN THE CIRQUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT 2 IN AND FOR GLADES COUNTY CRIMINAL -ACTION . 3 ETLED THOMAS D. Hju.( 5 - .STATE OF FLORIDA, 6 Plaintiff, . þEPx, suPREME couar 7 -vs- - ) Case No.: 83-CF- ) Fil.e kept in Lee Sun ) T 8 CARY MICHAEL LAMBRIX, 9 Defendant. 10 11 . 12 13 14 Proceedings held in the Lee County Justice 15 enter, 1700 Monroe Street, Fort.. Myers, Florida, 16 oefore the Honorable R. Thomas Corbin taken on 17 April. 5th, 2004. 18 19 20 21 22 N.OLEN-MARTINA REPORTING SERVICES Courtney Building 23 2069 First Street, Suite 201 Fort Myers, Florida 33901 24 (239) 334-6545 Fax: (239) 332-2913 25 2

. . 1 A P P È A R A N C E S

. 2 - 3 For the State: 4 Mark Ahlbrand, Assistant State Attorney Twentieth Judicial Circuit 5 Fort Myersr Florida 6 Cynthia Ross, Assistant State Attorney 7 Telephonically: 8 Carol Dittmar, Assistant Attorney General State of Florida 9 Tampa, Floridà

10 For the Defendant:

Dan Hallenberg, Esquire I2 Ms - Gonzalez

13 I N D E X T O W I T N E S S E S

·14 FRANCES OTINGER

15 DEPOSITION QUESTIONING CONTÍNUING . 16 Direct Examination 'by Ms. Gonzalez 10 17 HEARING TESTIMONY 18 Direct Examination by Ms_ Ross 117 Cross Examination by Ms. Gonzalez 118 19 Re-direct Examination by Ms_ Ross 130 20 WILLIAM MacMILLEN PAGE 21 Direct Examination by Ms. Gonzalez . 74 . 22 ·.Voir Dire Examination by -Ms. Ross 80 23 CARY MICHAEL LAMBRIX 24 Direct Examination by Ms._ Gonzalez . 83 25 Cross Examination by Mr. Ahlbrand 102 . 83.

1 . eThereupon, .

2 . .- CARY MICHAEL LAMBRI-X, 3 .after being duly called and sworn, was examined. 4 and testified as follows: '5 DIRECT-EXAMINATION

6 BY MS_ GONZALEZ: 7 Q Would ·you please state your name for 8 the record? ^ 9 A Cary Michael Lambrix. 10 · Q Mr_ Lambrix; I'm going to direct pour 11 attention to -- 12 MS. GONZALEZ: Your Honor, is the 13 witness under oath?

14 THE COURT: He must be, I 15 adm·inistered it.

16 MS. GON.ZALEZ: Thank y~ou. 17 BY MS. GONZALEZ: 18 Q Mr. Lambrix, I'm going to direct your 19 attention to witness Debbie Hansel. You were 20 ·present when Miss Hansel testified both times 21 before Judge Corbin, correct? 22 A Yes, ma'am. 23 Q Now, Miss Hansel testified about 24 certain statements that Frances Smith asked her 25 to say? 1 ...,- A Yes, ma'am. I recall.that. 2 Q What.is the conte.nt of statements that 3 you made to Frances Smith back in 1983 in -. 4 reference to the incident with Miss Bryant and . 5 Mr. Lamberson? 6 . MS. ROSS: Your Honor the objection 7 at this point is one of scope. As I 8 understand it, we are focusing in on 9 whe.ther or not the defendant made . . 10 - incriminating·or arguably incriminating 11 statements to witness Hansel. The

12 question was designed, as I think I 13 understood it, to elicit whateve.r 14 statements he made to Miss Smith. The 15 issue before the Court.is whether or not 16 there were mater'ial recantations by 17 witness Hansel, not a rehashing of the . 18 - discussions that took place between the 19 defendant and witness Smith. 20 Therefore, it's beyond the scope -of 21 what this court has ordered the hearing to 22 entail. 23 THE COURT: I overrule the objection. 24 You may answer the question. 25. THE DEFENDANT: Okay. As I recall,

A18 ... - .85

1. when Miss Hansel tes.tified she testified 2 . that Frances had asked her to -- 3 THE COURT: Sir, thät was not the 4 questioh.

5 THE DEFENDANT: I'm sorry. 6 MS. GONZALEZ: What statements did 7 . you make to Miss Frances Smith?

8 THE COURT: Please answer the 9 question.

10 BY MS. GONZALEZ: 11 Q In reference to the incident regarding 12 Miss Bryant and Mr. Lamherson. . . 13 A The statements I made to Frances 14 Smith -- first, I never made any statements 15 regarding the plot or inte'nt to harm anybody 16 with the intention to take thé vehicle _ 17 MR. AHLBRAND: Judge, the witness is 18 unresponsive. He's now- reciting what he 19 didn't say. The questión is -- 20 THE COURT: That's true. Sustain the 21 objection. The question.is: What did you 22 say?

23 BY MS - GONZALEZ: -. . . 24 Q What did you say? 25 A What I did say in relationship to what t

. 86

Miss Hansel testified to -- what I did say 2 is --

3 MR. AHLBRAND: Your Honor, again -- 4 THE COURT: Please be seated, he . 5 hasn't gotten it out yet- . 6 MR- AHLBRAND: Yes, sir_

7 THE COURT: Go ahead, sir.

8 THE DEFENDNAT: What I did -say is 9 . -that after certain events happened on the 10 night of February 5th -- or actually early 11 morning of February 6th, while me and Miss

12 Smith were en route between the trailer 13 where we resided at the time and a 14 convenient store that was located 15 approximately seven miles away, we had a 16 conversati.on at which time'I told Miss 17 Smith that the male deceased in this case 18 was outside with me at the same time that 19 the female deceased, Miss Bryant and -- 20 that these two Miss Bryant and - 21 Mr_ Lamberson had got into an argument, at 22 which time I had at first left them alone. 23 I started going back to the trailer where 24 Frances was, and as I walked around the 25 perimeter fence going back towards the 87

.) I trailer I had almost reached the trailer 2 itself when I.heard a scream co.ming from 3 back behind the trailér where I had left 4 Mr_ Lamberson and Miss Bryant_

5 It was very.early morning hours, it 6 was -very dark, there was no other 7 residences within the immediate area_ I 8 believe the closest house would have been ·9 - Mr. Johnson's house which was about half 10 mile away, so the only sound -- the only 11 place that sound could have came from 12 would be behind the trailer_ 13 Now, I -- during this -- during 14 this -- at this time, I proceeded back 15 behind the trailer to where I left them.

16 MR. AHLBRAND: Your Hb~nor, am I to 17 understand that this is a narrative as to 18 . what he said happened or what he told-the 19 witness in this case. The question is 20 what he told the witness. _ . 21 THE COURT: I think it is the latter. 22 Please be seated. He's telling us what he 23 - told Miss Smith on their ride to the 24 · convenience store.

25 THE DEFENDANT: May I continue? 1 ..3fy BY MS. GONZALEZ: 2 g - What else d·id you sa.y to Miss Smith? 3 A In order -- I'm trying to get to

4 where -- 5 Q What did you say to Miss Smith? 6 A I told Miss Smith that while I- was 7 outside with Mr. Lamberson that Mr_ Lamberson 8 had just gone nuts, just freaked out, and he

9 was attacking Miss Bryant and I told Miss Smith 10 that when I attempted to intervene, he had came 11 at me and that I had to swing at him-

12 Q . What did you tell Miss Smith you used

13 to swing at'him? 14 A I had a -- I had picked up a tire iron 15 off a jack of a car that w·as in my driveway as

16 I was going back to them aftef I had heard the 17 scream. 18 Q What is it you told Miss Smith is the· . 19 reason why you grabbed the iro.n and went. back

20· there? - 21 A Because I heard a scream out behind

22 the trailer where I had left them and I didn't 23 know what to expect. 24 Q What else did .you tell Miss Smith

25 about that? . - 89

1 .h A I told Miss Smith that the reason tÁat 2 I had to swing -- that -- while Mr. Lamberson

3 was essentially just gone crazy,- that the. 4 reason I had to swing at him is because -lu3 was

5 physically attacking Miss Bryant he had her 6 .pinned on the ground he was straddled above 7 her; this was after I had heard a second scream

8 after the first.one, and after I had came up -to

them, and I attempted to push him off her and 10 immediately after attempting to push him off 11 her, he had came back up from the ground at me, 12 and I was.no more than oh, three to five feet 13 away, and as he came at me I spontaneously 14 swung and I kept swinging _until I realized he

15 was down 16 Q What else did you explain to Miss 17 Smith happened after that occurrence with

18 Mr. Lamberson? 19 A A-fter that -- after that had happened

20. me and Miss.Smith have had numerous 21 conversations,.and the conversation in the. car 22 was that -- that the reason -- she had -- I 23 believe she had asked me, well, why, or 24 something to that effect. 25 Q Wh.at did you tell her happened after

4-63 90

· ) 1 .,-,. that? 2 A And I told her -- and I told her that 3 the réason why is because he had attempted to 4· come at me after I had tried stopping him from

5 assaulting Miss Bryant. 6 Q What did you explain to Miss Sm-ith 7 about what happeñed with Miss. Br.yant? 8 A I'm sorry? S. What did you..explain to Frances Smith 10 about what happened with Alisha Bryant_ 11 A I didn't really go into very specific

12 details, I didn't want to t'alk about it. I

13 . told Miss Smith that Mr_ Lamberson was

14 attacking Miss Bryant and that I attempt·ed to 15 stop him.

16 Q Was there ever .a time Ehat you told 17 Miss Smith that you intedtionally killed 18 Mr. Lamberson?

19 . A Never. I never told Miss Smith - 20 that.

21 Q Was there ever a time that you told 22 Miss Smith that you intentionally killed Alisha 23 Bryant? 24 A No.

25 Q Nas there ever a time that you told 91

1 u.- Miss Smith that you intended to rob 2 Mr_ Lamberson .and Miss Bryant? 3 A No. 4 O Did you tell Miss Bryant that you were 5 acting in self defense?

6 - A Yes, I did. 7 Q Did you tell Miss Bryant -- I'm 8 sorry -- did you tell Miss Smith that you were 9 acting in defense of Miss Bryant? 10 A Yes, I did 11 Q I just want to make sure. I misspoke. 12 You told Miss Smith that you ~acted in

13 self defense? 14 . A I told Éiss Smith that I had acted 15 , spontaneously in an attempt. to defend Miss 16 Bryant from the assault by Mr. Lamberson. 17 .. Q What reason did you give Miss Smith 18 for not going to the police? 19 A Immediately after I had came back into 20 the trailer after this event took place, me and 21 Miss Smith had momentarily talked about what 22 had happened, and I told her that they were 23 . dead.

24 And we had --·in a mutual conversation, 25 we agreed we could not go to the police because . 92

1 she knew that at the time -- and I was -at the 2. time -- I had walked away approximately on 3 December 23rd, so that would have been 4 approximately six weeks prior to this event I 5 had walked away from a State.work release 6 center where I was serving the last couple 7 months for my only pr-ior felony conviction for 8 a bounced check. 9 Q What did you tell Miss Smith the 10 reason being for not wanting to go to'the 11 police? 12 A I told Miss Smith that the reäsen that 13 I felt we could not go to the police or call 14 the police or report what had happened is 15 because I. would have been immediåtely returned 16 to prison and even charged with felony escape 17 for leaving the work release center. And I -- 18 ·and Miss Smith knew that already, too, ... 19 Q Was Miss Smith aware of the reason why 20 you did not testify at your trial? 21 A Nas Miss -- excuse me? 22 - Q Was Miss Smith aware of the reasons .23 why you did not testify at trial? 24 A I don't believe Miss Smith would have 25 been aware.. 93

1 .3fp Q What reasons were there~ for you not 2 explaining this -- 3 MR. AHLBRAND: I'm going to ob.ject.

THE COURT: What relevance?

5 - MS. GONZALEZ: Ultimately it goes to 6 the credibility. or lack, thereof, of 7 Miss Smith and -- with the issues that

8 were presented to Mr. Lambrix in making

9 that decision. 10 MR.. AHLBRAND: As it relate.s to him 11 testifying or not testifying·at trial.

Í2 - THE COURT: The issue here is did 13 Miss Hansel make a recantation_ What 14 . possible relevance is it about.his 15 . decision to testify at.trial or not? 16 MS. GONZALEZ: Judge,' we --are trying 17 to lay out the impact of -Miss Hansel's 18 recantation an.d those issues and how they - . 19 effected -- just give me a minute, Judge. 20 Judge, I withdraw my question at "t-his

21 time.

22 THE COURT: Okay.

23 BY MS. GONZALEZ: 24 Q Was there ever a time that you asked 25 Miss Hansel to fabricate anything on your 94:

1 .3jpbehalf? 2 A No, no, I did not. 3 Q Was there ever.a time that you made 'a 4 statement to Miss Smith about putting Miss 5 Bryant·face down into a pond? 6 A I never made tha.t statement.

7 MR. AHLBRAND: Once again I'm going 8 to object to the scope of the question. It is beyond that which we're here in lo . front of the Court to decide. 11 THE COURT: What's the relevancy?

12 MS. GONZALEZ: Miss Smith's 13 credibility_ Miss Smith made a lot of 14 statements about whàt Mr'. Lambrix -15 supposedly said, didn't say_ 16 THE COURT: I overruîe the objection_ -

17 Go ahead. 18 THE DEFENDANT: I'm familiar with the . 19 statement that Mi.ss Smith had made. I 20 never made s.uch a statement to Miss Smith 21 nor could I have because .I'm familiar with 22 that property and there is no pond on that 23 . property_

24 BY MS _ GONZALEZ: 25 Q So you're saying you would have never · 95

1 made a statement about putting victim Bryant 2 face down in the pond to Miss Smith? 3 A I have never made such a statement to 4 Miss Smith_ 5 - Q Was there ever a time that you made a 6 statement to Miss Smith about taking a gold .. 7 necklace from Mr. Lamberson? 8 A No_ I never made such a statement. 9 Q Or any stat.ements about stealing . 10 Mr. Lamberson's car? 11 A No. 'I never.made any stat.ements about 12 stealing Mr. Lamberson's car; nor did i steal . 13 Mr. Lamberson's car, nor did I do any act with .) 14 the intent to steal Mr. Lamberson's car. 15 Q Was there ever a time that you told 16 Miss Smith that you could not fíght 17 - Mr. Lamberson or defend yourself against. 18 Mr. Lamberson? _

19 . MR.· AHLBRAND: I'll make the same 20 object-ion as.to relevance. -

21 THE COURT: Overruled. Sir, you may 22 answer the question_

23 THE DEFENDANT: I never made a 24 statement to Miss Smith that I could not 25 have fought Mr. Lamberson. I had no ·~ 96

. intention of fighting Mr. Lamberson_ What 2 happened was spontaneous, he spontaneously 3 came at me, I swung at him, I kept ~4 swinging until I realized he was down. It 5 never crossed my mind as to whether I 6 wanted to fight him or could have fought. 7 him if I wanted to. I had no intention to

8 it.

9 BY MS. GONZALEZ: 10 Q Was Miss Smith intoxicated that ·

11 evening? 12 A She was drinking_ She was at the

13 lounge, two different bars .along with the rest 14 of us, and she was drinking- that night, yes- 15 0 Was she druhk? · 16 A I would say moderatè·1y so. 17 Q Was was Mr. Lamberson drunk? 18 A Both myself and Mr. Lamb·erson were 19 drinking quite heavily that night and which one 20 of us were more intoxiçated, that would be 21 difficult for me to say, but I knew I was 22 intoxicated to the point of silliness, and I 23 would think he would be, too·. 24 Q How about Miss Bryant? 25 A Miss Bryant was not drinking that much 97

. 1 3'y that night. She had to work at six o'clock in 2 the morning. 3 Q Did you ever ask Preston Branch to lie 4 for· you in this case? 5 A No, I did not. 6 ·Q Did you ever make any ·statements to 7 Frances Smith about t·.rying to help Alisha

8 Bryant this evening?

9 A Yes, I did. 10 Q What did you explain to her as the 11 assistance that you rendered to Miss Bryant?

12 A I had told her during the trip between 13 the trailer and convenience- store, I had told 14 Miss Smith that I had tried t'o stop . 15 Mr. Lamberson from attacking, from phy.sic^ally 16 assaul·ting -Miss Bryant. He had her pinned on 17 the ground. and he was physically assaulting her 18 and clearly out of control, and I told 19 Miss Smith that. 20 Q Was there any other assistance yoü- 21 tried to give Miss Bryant that. you explained to 22 Miss Smith? 23 A Yes. That happened -- immediately 24 after I had went back into the trailer after 25 the event·happened outside, I had some blood on 98

1 ype and I believe Miss Smith asked me about'the 2 blobd. And I had went into the bathroom to 3 wash up and she had .asked me something -- I 4 don't remember the exact words, and I explained 5 to her that I had attempted to give Miss Bryant 6 CPR and that she had, you know, spit up at me, 7 or however you want to say it, but after I 8 attempted to stop Mr. Lamberson from physically 9 assaulting Miss Bryant, I at.tempted to take 10 Miss Bryant back to ·the trailer_ I thought at .11 the time that she was unconsc'ious. She weighed 12 significantly more than me and I had a hard 13| time carrying her that distance so I made it 14 about halfway back when I sat her on the 15· ground. She was still, I thought, unconscious 16 at the time, and I attempted CPÉ, I attempted 17 mouth to mouth and for several minutes, to no 18 avail. And only then did I realize she was 19 dead.

20 Q Was.there ever a time that you told- 21 Fr.ances Smith that you took property from 22 Mr_ Lamberson, either keys .or any other 23 property?

24 A No,.I did not tell Miss Smith that nor 25 would I have, because there was no -- I would 99

1 not have taken the keys, the keys were already 2 in the car prior to all of this happening. Me 3 and Mr. Lamberson had went outside the trailer 4 before Miss Bryant did to retrieve some eight 5 track tapes from his car_ We were sitting in . . 6 his car listening to the stereo in his car and 7 listening to the tapes and at that -- during 8 that time we came up -with this idiotic idea to 9 play a practical joke on Miss Smith and Mis.s 10 Bryant, who were in the trailer, which is how 11 the seri·es 'of events began. 12 We went to the ba'ck side of the . 13 trailer, was scratching at the window -- there 14 were no lights, it was two o'clock in the 15 morning, there were no lights outside. The 16 stereo inside the trailer was up loud. We 17 scratched at the window trying to get their 18 ·attention just trying to scare them as a 19 practical joke and couldn't, and after 20 unsuccessfully doing that, that is when we- came 21 up with the idea to have Mr. Lamberson conceal 22' himself in a feed trough approximately fifty 23 feet behind the trailer

24 MR_ AHLBRAND: May I interpose an 25 objection,simply t.o clarif.y whether these 100

1 . are, again, conversations that were 2 discussed with witness Smith or whether 3 · these -- this is a narrative of the 4 defendant as to his version of the events.

5 THE DEFENDANT: This is sort of.a 6 narrative for the last question_ 7 MS. GONZALEZ: I·will rephrase my 8 question and ask Mr. Lambrix to answer my· 9 question.

10 · THE COURT: Okay. Rephrase. 11 .· MS. GONZALEZ: Which is -- thank you, 12 Judge.

13 BY MS. GONZALEZ: .) . 14 'O Mr. Lambrix was there ever a time that 15 you told Miss Smith that you·took an.y property 16 off Mr. Lamberson, such as keys -- I already 17 asked you about the necklace or any other 18 property_ 19 . A I never told Miss Smith that I took 20 any property from either one of the deceased-. 21 . Q What statement did you- make to .Frances 22 Smith or explanation as to why you were going 23 to get a shovel and flashlight? 24 A The statement made relevant to the 25 shovel and- the flashlight was that me and 101

1 . 34,Frances had discussed that we could not go to 2 the police_ We agreed that we could not go to 3 the police together. We had mutually agreed . . 4 that we had to superficially conceal the two 5 deceased and then we were -planning to leave the 6 area immediately. Me and Frances together went 7 to the convenient store where we purchased a.

8 flashlight and then on the way back stopped at 9 a friend's house to get the shovel. The 10 statement made was, actually, both of us 11 agreeing to do this together_ 12 Q Was there ever a time that you 13 indicated to Debra Hansel that you had ki-lled 14 anyone?

. 15 A No, ma'am. I never- told Mis.s Hansel I . 16 killed anyone . 17 Q Or killed anyone to steal 18 Mr. Lamberson's car? This is, again in any 19 statements to Debra Hansel. 20 A Neve-r. No; ma'am, I never made aný- 21 such statement. 22 - MS. GONZALEZ: I don't believe we 23 . have any further questions

24 MR. AHLBRAND: I have a few 25. ~ questions, with the Court's permission_

15 - 102

1 ¯r' CROSS EXAMINATION

2 BY MR. AHLBRAND: 3 O Mr. Lambrix my name is Mark Ahlbrand. 4 We have never met before. I work for the State 5 Attorney's office. . 6 With respect to your conversatlons with 7 Miss. Smith; Miss Smith was not -- the first 8 time you talked to her about what happened . ·. 9 outside is when you came back to the trailer 10 after you had left and Mr. Lamberson ánd Miss 11 , Bryant had also left the traile-r; that was the 12 firs.t time you spoke to her aboùt what happened 13 outside, correct 14 A Well, that's a complicated question. . 15 .g Well, it can be answered with yes or 16 no. Was that the first time that you spoke to 17 her about what happened outside of-the 18 trailer? l-9. A The first time being when I first went 20 back inside? 21 Q Yes, sir.

22 A That would have been the first time I 23 spoke with her. 24 . Q Thank -you. Now, when you came back 25 in, at that point and you had some blood on . 103

1 you, correct? 2 A Yes.

3 · Q And at that juncture, you then 4 discussed with her; that being Miss Smith, the .5 . scenario that you described her.e in court, that 6 being the practical joke that was being played 7 out between yourself, Mr. Lamberson, with the 8 intent to scare Miss Bryant, you discussed that 9 plan to pull a practical joke on Miss.Bryant 10 when you came back in covered in blood, . 11 correct? 12 No, sir. I never discussed that with 13 Miss Smith.

14 . Q The practical joke then that you were 15 discussing, that was nèver discu.ssed with Miss 16 Smith at any point?

17 - A No, sir. 18 Q All right. So when you came back in 19 covered with blood, she,must have said 20 something to you, correct, she must hate said 21 yeah, you're covered·in blood? 22 ..A ·I don't believe she said those 23 words.

24 O All right. So she· didn't make -any 25 comment to you about the fact that you had any . . . 104

1 blood? 2 A I believe she was visibly shocked. 3 Q Okay. So her expression spoke more - 4 than words at that point, is that .what you're . 5 trying to express? 6 A I would say so, yes, sir.

7 Q And at that juncture, the two of you 8 then left and on the way to the convenient 9 store to buy a flashlight, you had yet a 10 further discussion with her about what had 11 happened out in the yard that night? . 12 A No, sir, that's not correct. At that 13 juncture I washed up. At that juncture I went . 14 into the bathroom and Miss Smith followed me 15 and we continued to have a convérsation at the 16 trailer before leaving the trailer. 17 Q Okay. So in the trailer, you had 18 discussed, then, with her, the fact that you 19 had seen Mr. Lamberson assaulting.Miss Bryant 20 and that you had struck Mr. Lamberson in the 21 . defense of Miss Bryant; yo-u had discussed that 22 scenario with her in the trailer? 23 A No, sir, I discussed that scenario on 24 the way to the store after leaving the 25 trailer. . . - ·105

Q When you got into .the trailer you were 2 covered.in blood,correct? 3 A Yes, sir. 4 Q She was visibly shocke.d, correct? 5 A Yes, sir.

6 . Q You went·in the-rest room and washed 7 up, correct?

8 . A Yes, sir _

9 Q You had a conversation.with her about 10 something at that point, correct? .- f 11 She attempted to ask me what 12 happen.ed

13 Q And you did not respond to her at that 14 - point?

15 A I believe I told her Í didn't want to 16 talk about it_

17 Q· All right. So you left the house then 18 - at that poïnt and the first discussion you had 19 about what happened outside was on the way to 20 the convenient store where you.bought the 21 flashlight?.

22 A That is when I first told her what 23 happened.outside, yes, sir.

24 Q You needed a flashlight because you 25 needed to return to the trailer with a shovel 106

1 to participate in the burial of the bodies, 2 correct? 3· .· A That's correct sir. . 4 Q And you.then went to a friend's house, 5 I believe his name was .Mr. Tex --- Chisolm? ·6 A John Chisolm -- Tex, I believe his 7 · name was Tex.

8 Q And you lied to him ·about why you 9 needed the shovels, correct? 10 A I don't recall that, sir. 11 Q Well, didn't you tell him that -- 12 MS. GONZALEZ: Judge, objection, this 13 is about what he told Miss Frances Smith. .

14 THE COURT: Isn't·.that the issue?· 15 MR. AHLBRAND: Your Ëonor, if the 16 issue is his version as to Mi.ss Smith's 17 credibility, one would assume that his 18 credibiLity should.be equally discussed. 19 · MS. GONZALEZ: Judge, if I may 20 respond.

21 . THE COURT: Sure 22 MS. GONZALEZ: The State sp.ecifically 23 made objections and limited us to 24 specifically what was told to Miss ·Frances 25 Smith. We are asking that they be limited 107

as well.

. 2 TEE.COURT: I sustain the 3 objection.

4 BY MR. AHLBRAND: . ·.

5 Q When you returned with the shove.ls..

· 6 from Mr. Chisolm's house, the two of you had 7 further discussions on the way back about what 8 you were going to do with the shovels, 9 correct? l . 10| A On the wa.y back from where·?

11 Q ·Mr. Chisolm's hoáse with the shovels.

12 A - No, sir, I don't believe we did_ That 13 was a very short distance. There was a gate we 14 had to get out and open. . .,

15 Q So when you went to.M . Chisolm's> you 16 . had told Miss Smith that you were going there 17 to get shovels so that you óculd bury the ·18 bodies? .

19 A .I'm not sure exactly what I might have . 20 told her, but she knew. . 21 Q With respect then to the issues

22 regarding -- you said that Miss Smith was 23 mistaken regarding some body of water that she 24 made referenc.e to about you putting one of the

25 decedents in a body of water_ Did you testify . 108

as to sométhing in regards to her being 2 mistaken about that?

3 A Sir, she was no.t mistaken, she lied. 4 There is a difference.

5 Q Ísn't it true.that there was a body of 6 water that prompted you to ·go out and 7 investigate the screams that you heard because 8 you thought there may have been snakes or 9 alligators that came up from that water area?

10 MS. GONZALEZ: Objection; assuming 11 facts not in evidence_

12 THE COURT: I'll overrule. 13 THE DEFENDANT: Sir -- 14 BY MR. AHLBRAND:

15 Q Isn't it true that thàt is why you 16 went out there, sir? - · 17 A. Sir, I'm familiar with that piece of 18 property. You're misconstruing the events. 19 Q My -

20 A. To answer your question I must explain 21 to -you where the snakes·and alligators might 22 hav.e been. This property in which the trailer 23 was on has pasture about six hundred feet by

24 on-e thousand feet deep. Behind this property 25 approximately two hundred feet behind the rear . . 109

Pasture fence is the B Branch Creek. There is 2 nothing inside the pasture area.

3 O Okay_ So there is a creek beyond the 4 pasture area?

5 A Approximately twelve hundred feet 6 back.

7 Q okay_ So there is a bod.y of water 8 there, your position is she simply lied about 9 whether or not you admitted putting the bodies 10 in the water, correct? . -. 11 A Sir, I'm familiar with her testimony. 12 She never testified as to anything that might 13 have happened behind the rear fence. You're 14 going a significant distance west of wherè 15 these events took place. 16, Q So in your discussions with Miss 17| Smith, just so that we can- conclude this, then 18 we will -get on to Miss Bryant;·you're not 19 denying any component that you admitted to Miss 20 Smith that you were present, that you swung the 21 tire iron that resulted in th.e inju-ries 22 sustained by Mr. Lamberson, that you 23 participated in the burying of the bodies, and 24 . all of this was discussed with Miss Smith and 25 you're not denying any of that? 110

1 ·A I'm not denying those elements, 2 specifically. - 3 Q Okay.. What you are denying is, as I 4 understand it, is that there was a conversation 5 . with Miss Bryant, correct? 6 A A conversation with Miss Bryant? 7 Q Per -~ I'm sorry -- with Miss Hansel, 8 my mistake -- with Mics ::,ncel, currect? 9 - A What conversation? . 10 · Q You were asked a question as to 11 ' whether or not you discussed a conversation 12 with Miss Hansel in which you admitted being 13 responsible for -- I think the way the questio.n 14 was put -- or involved in the death of the two 15 people, Mr. Lamberson -- Mr. Lamberson and Miss 16 Bryant and you denied making that telephone 17 call, correct? 18 A Sir, -the only .thing I have ever. told 19 Miss Hansel was the same thing I told her in 20 the presence of Mr. Branch and that is, that 21 while intoxicated, after consuming 22 approximately two six packs of beer because I 23 was upset about having to return to the trailer 24 area, I made some spontaneous remark as to; 25 there ~is two bodies buried back -there. I never 111

made.any statement sugges.ting that I was 2 responsible_

3 Q But you acknowledged being there when 4 the bodies were being buried? 5 A. That does not make me résponsible for 6 what happened. 7 Q I'm not suggesting it makes anybody 8 responsible. My question is; you did have a 9 conversation with Miss Hansel regarding the 10 fact that there is dead bodies buried at the 11 trailer in which you occupied along with Miss 12 Smith, correct? 13 A In that limited context, that is 14 correct.

15 O Okay. Were. you aware of the fact that 16. . Miss Hansel ini.tíally -- or Miss Hansel was 17 interviewed by one of your previous attorneys 18 - back in 1998 -- were you aware of an interview 19 - that took place between one of your 20 postconviction relief collateral crimes 21 division att.orneys and Miss Hansel back in 22 1998? .

23 A Yes, sir, I am: 24 Q And you were aware of the gist of that 25 conversation in which she had qualified, or, in

.. n ce 112

1 fact, modified her position regarding any 2 testimony she had ot.her than what you've 3 already admitted to; the fact that there were 4 bodies buried out there and that you were drunk 5 that night?

6 A I'm aware that in the 1998 statement 7 she confirmed what .I've always said and that is 8 that I have never told her that I killed . 9 anyone.

10 · Q Okay_. But you did tell Miss Smith 11 that you s.truck Mr. Lamberson? 12 A In self defense_ 13 Q I understand_

14 A · In an attempt to stop him from 15 .assaulting Miss Bryant. 16 O Okay. With respect to the 17 relationship that Miss Smith may have had with . . 18 Miss Hansel, when you first started.seeing Miss . . 19 Smith and she .had come down to the area, y.ou .2·0 had known her for approximately.how long before 21 the incident at the trailer took plac.e on the 22 night of the -- what was that, th.e 5th o-f 23 March; Sth and 6th -- I'm sorry -- 5th and 6th 24 - of February; how long had you known Miss 25 Smith? 113

1 A Oh, .signi-ficantly longer than that. 2 Her younger brother, Edward Ottinger, used to 3 date my younger sister, so I actually -- . Weeks, months, or days, sir, how long 5 had you known her? . 6 A Actually, i·t would have been years, 7 - casually.

8 Q How long? 9 A At the tim.e that she and I were 10 together, that- would have been approximately

11| five to seven weeks_

. 12 Q Okay. An-d how long had you known Miss 13 ! Hansel ·as of the 5·th or 6th of- February? A Oh, at least three -months, perhaps -- 15 actually, no -- I .have to corh%ct- myself on - 16 that. Actually, it had been more like eighteen 17 months becaus.e I had met her through her sister

18 -Donna ého owned a .truck topper business right 19· across from her boyfriend's mother's house-

20 Q Okay- So you had known Miss Smith for 21 several yèars, . but had a relationship with her 22 for several weeks and you had known. Miss Hansel 23 for eighteen months? 24 A only casually_ 25 Q Casually? 114 .

A Just by name.

2 Q Okay. And did you ever discuss with 3 Miss Smith prior to the nigh~t of the 5th or 6th 4 of February, your relati6nship, albeit an 5 acquaintance, with Miss Hansel? Did you ever 6 sit down and say, I've got a friend out here, 7 her name is Debbie Hansel, I thought you ought

8 to know about her; she is ·a nice lady, not a 9 nice lady, just wanted to sh.are my life 10 experience about her? - Did you ever tell -.- 11 A No. I don't believe Miss Hansel . 12 was -- ·.

13 Q My question is; did you ever tell her 4 about her, yes or no?. 15 A No. 'e.

16 O By thé same token, did you ever 17 discuss with Miss Hansel the fact'that you had 18 an intima.te relationship with Miss Smith that 19 had been ongoing for five or six weeks before 20 the night. of the 5th of February?

21 A I don't see why I would have, no. 22 O .Okay- So there would have been no 23 reason for you to be the medium by which thes.e 2a wo ladies would have common information about .25 you as a person? 115.

A No, I don't believe so. 2 . Q. Okay. With respect to Miss -Hansel's 3 rec.antation, or her .change of testimony and so 4 forth, has she been.one of the peopl·e that has 5 written in to your web page and discussed her 6 feelings about.the case with you?

7 MS. GONZALEZ: Objection, Judge, as 8 to, relevancy and beyond the scope.

9 THE COURT: Overruled. . 10 BY MR. AHLBRAND:

. 11 . Q Has she written in to your web page, 12 sir, Miss Hansel?

13. A Sir --

Q The question is yes or no; has she 15 written in? 16 A No. I would have to say no. I have I 17 no knowledge of it. I'm on death row.I don't 18 have access to the. internet. I don't know who 19 is on the internet.or who is on my web page. .. 20 0 You're under oath now., sir. You don't 21 . have any idea who is on your web page?

22 I have -- I do not have access to the 23 internet, I do not know who logs on. I could

24 tell you some of the people, but I could tell 25 you this; I have no knowledge of Debra Hansel - 116

. logging on into my web page, signing guest 2 books .- I believe that's what most of them call 3 them - or anything. Nobody has brought this t·o 4 my attention, nor do I have knowledge of it. 5 Q .And you've never responded to her 6 within that context on the internet? . .

7 MS. GONZALEZ: I believe. the question 8 was asked and answered. .. ,

9 . THE DEFENDANT: I don't -- I don't - 10 know -- 11 THE COURT: Yeah, asked and answered . 12 MR. AHLBRAND; I don't have any 13 questions then for you, sir.

MS. GONZALEZ: Jus·t one moment, 15 Judge_

·16 Judge, we have no further questions_ 17 We have nothing further to pres.ent to 18 the. Court. THE COURT: Okay- State want to c-all 20 a witness?

21 MS. ROSS: Your Honor, the State . 22 would call Frances Ottinger_ 23

24

25 APPENDIX E disk 61

Governor, Members of the Cdbinet, Counsel, Ladies and Gentlemen:

Some three months ago, Michael Lambrix personnally appeared . before the parole Commission. At that time he stated that he

believed the clemeny process to be an exercise in "bureaucratic nonsense".

I come here today because you have the power to prove to

Mike and to the people of this State that a clemency hearing is not "bureaucratic nonsense", but a critical, vital part of a commitment to a democratic, humane, and constitutional process'.

I have provided you with an article entitled EXECUTIVE

CLEMENCY IN CAPITAL CASES written by , Stuart Lichten·. Mr.

Lichten's article analyzed the many considerations involved in

the process of Clemency Hearings. He isolates factors upon which

Clemency has been granted by Governors and Cabinets.

Lichten portrays the feelings and beliefs of government

officials whq personally faced the choices and options raised by

the power of clemency.

For instance, . Governor Averell Harriman concluded that the clemency process brought him a deepened sense of mercy

and compassion. Sitting alone in his office with the awesome

power of cl"emency, th.e govetnor- must ta.ke on the most dif f icult task of all: he. must become.. the corporate conscience of the

1 people, delicately weighing. the quaility of mercy.

. Governor Winthrop Rockefeller of Arkansas contended:

In a civilized society such as ours, executive clemency provides the state with a final deliberative opportunity to reassess the moral and legal propriety of the awful penalty which it intends to inflict.

Under the topic heading of REHABILITATION OF THE ApPLICANT,

Mr. Lichten establishes that Clemency officials have viewed an applicant's rehabilitation while on Death Row as a factor · favoring commutation. For example, Governor Otto Kerner of

Illinois, learned that Paul Crump had read widely, educated himself and converted to Christianity while on death row. The ..

Governor recognized that the most significant goal of penology in a civilized society is rehabilitation. He felt that we must

be able to hold forth the hope that others can look forward to a useful life --- to life itself --- if they will make the

necessary efforts to squarely face their past actions. The Governor granted clemency to paul Crump.

I have submitted to this board copies of certificates which

Mike has earned while on death row. I have also submitted

letters from Bernard L. Coffindaffer, evangelist, who says that

Mike has converted to Christianity. - Reverend Coffindaffer indicated that he personally is willing to employ Mike should he

2· - be released from prison.

You also have a copy of a newsletter entitled THE REFINER'S FIRE. This letter is for prisoners by prisoners. It contains

an article written by Mike. He has also published articles in

the RISING SUN and he has written a chapter for a book by professor Mark Radelet, University of Florida.

Michael has worked personally with prisoners. He obtained religious material and assisted them to come to terms with their

lives. He has instructed them on means of recommitting their lives by turning to God.

These accomplishment and activities are evidence that Mike is rehabilitated and should be given consideration for the ··work · he has done on death row.

Lichten.reports that FAIRNESS OF THE TRIAL is a factor given

great weight in Clemency Hearings. Trial defects may not be bad enough to overturn the verdict on due process grounds, but may still be significant enough to justify commuting a death penalty to life imprisonment.

In Mike's case the Defense was not allowed to completely cross-exam the.State's key witness, Frances Smith. There was considerable information which could have created a significant lack of credibility to her testimony. The defense was not. allowed to- explore it. The Florida Supreme Court said this was -. . .

3 . harmless error in upholding. the conviction. However, I submit

to you that Frances Smith was the key witness and her damning testimony (which Mike's attorney was not permitted to fully

challenge) was a crucial factor in the jury recommending death.

Partially handcuffing counsel, not permitting counsel to completely exhaust cross examination techniques constitutes a lack of fairness of the trial.

Lichten reports that a Pennsylvania study found that 6.4% of all decisions granting commutation of death sentences mentioned the "deprivation of rights to fair trial" as a basis. These commutations were granted even though these cases, like Mike's, were upheld by the Supreme Courts reviewing the trials.

Lichten also addresses the issue of GEOGRAPHIC EQUALIZATION

OF SENTENCES. Those with clemency powers believe that the same capital crime committed in different regions of the state might receive a death penalty in one region but not in another. They have often attempted to correct this injustice through commutations. These officials are motivated by the "belief that the locale of the crime should not dictate the severity of the sentence." Rural communities tend to punish murder cases more severely than urban areas. If the same offense had been committed in an urban area, the death penalty would either not have been sought by the prosecuting attorney, or, if sought, it would not have been imposed.

4 Florida has attempted to correct this situation in felonies by passing a sentencing guideline structure, by which sentences throughout the state will be uniform.

As proof of the inequities, research shows that the State

Attorney has appealed sentences in the urban areas, where Judges

have sentenced below the guidelines, and the Defense, attorneys

have appealed sentences in' the rural areas, where the Judge has

sentenced above the guidelines. Appellate Courts have overturned both situations, forcing the Judges to be more uniform.

However, First Degree Murder does not come under the guide- line rules. Therefore, an inequity still exists. Judges have

the power to impose death, even when a jury recommends life. .In Florida more death penalties are imposed in rural a.reas than in urban areas, even for similar crimes.

.. Mike was sentenced in Glades County, a rural area of

Florida. He was sentenced by Judge Richard Stanley, who is

known to impose the Death penalty, even when the jury recommends life.

Lichten also addressed the issue of CIRCUMSTANCES

SURROUNDING THE CRIME. Factors such as provocation, and intoxication need consideration.

In one case Lichten repo.rts that a state supreme court wrote

5 in its opinion "The crime..was undoubtedly committed, like many others, under the influence of intoxicating liquor, but for which the deadly blow would not have been dealt ... It may be

that, if we had jurisdiction to listen to an appeal for mercy, . we would relieve the defendant from the extreme penalty of the law. But such relief can be given only by the Governor." m

A Pennsylvania study found that "lack of premeditation" was mentioned in one out of four of all opinions granting clemency, and "intoxication at time of crime" in one out of eight.

.. In Mike's case, everyone. involved had been drinking .. excessively during the evening. They had traveled to two or

three different bars, drinking for several hours before the deaths occurred. ,

..4

In one of my exhibits labeled "STATEMENT OF-FACTS" Michael

tells how he was provoked and that the death blows probably

would not have occurred except for the amount of drinking.

Alcohol has been the major contributor for Michael's d,1fficulities with the law and authority. However, since being in prison, he has become a regular member of Alcohol Anonymous and never intends to drink again. He now clearly recognizes the problems which alcohol created for him.

Circumstances surrounding ·the incident and intoxication

6 - are obviously key commutation factors.

Lichten addresses DOUBT AS TO GUILT. Though initially determination of guilt would appear to be solely within the . Province of the jury, numerous situations raising doubt as to

guilt are considered by clemency officials. There may even

include evidence that the ury did not consider.

You, as the elemeny authority, can consider facts known to the defense but not presented to the jury.

I have presented to this Board, a 28 page document labeled

.. "STATEMENT OF FACTS", which tells Mike's side of the story.

Mike told me that he did not inform his attorneys at the time of

the trial of this information. When you read it, it will be the

first time it has been considered by an official of the State of Florida.

Mike tells me that at the time of trial he was young, naive,

and never realized that a person is confined on death row for numerous years before execution. He had been in prison before

and did not want to be there again. He believed that if he revealed the true facts of that fatal night, that he would

probably be convicted of manslaughter and sentenced once again to prison. He made the decision at the time of trial to remain silent about his side of the story.

Mike's STATEMENT OF .FACTS admits that on the night in

7 - question, after spending several hours drinking, Lamberson and Bryant, drove Mike and Frances Smith back to their trailer for dinner.

While Frances Smith was preparing dinner, Michael and Lamberson went outside and were listening to music on the car radio. Lamberson requested that Michael bring Bryant outside so that Lamberson could play a joke on her.

When Michael brought Bryant outside, Lamberson jumped out of

the dark, scaring her. Keep in mind, all·these people were

inebriated. In their intoxicated state Lamberson and Mike

thought this was funny. In her intoxicated state Bryant became angry. These are normal reactions of people who have been 4 drinking.

At this time Michael left. Lamberson and Bryant engaged in

their own squabble. On arriving back at the trailer, Mike heard Bryant screaming. He instinctively picked up a tool and went

back to the area where he had left them. He discovered

Lamberson on top of Bryant, strangling her.

. When he realized that Lamberson was strangling Bryant, Michael attempted to break them apart. Lamberson then started towards him, threatening to kill him also. Mike swung the tire

. tool and kept swinging it until Lamberso.n was dead. In his .. stuporous state Mike.had no intent to kill him, only to stop

8 Lamberson from killing Bryant.

Lichten reports that North Carolina Governor Bickett granted clemency to Arthur Feedin, based on the Governor's conclusion that the homicide may have been the result of a sudden quarrel, lacking the premeditation necessary for first degree murder.

.Many governors have expressed their sense of the tremendous

importance of clemency. They emphasize the long, hard, agonizing decision making process, and the degree of seriousness with which they viewed this particular duty.

President Ronald Reagan told of his thoughts as Governor of California the night before a scheduled execution. He woke up in the middle of the night. He askedihimself if there .was anything more he could have done in the case, were there any facts he had not considered?

Historically, the exercise of executive clemency has provided a form of moral leadership.

North Carolina Governor Thomas W. Bickett concluded:

In the exercise of almost God-like power granted me by the

constitution I have not been guided by impulse, by caprice or sentiment, but in every case I have put to my soul the _question, "is this man worth saving...?" . My basic plea to you tpday is: do not let Michael Lambrix'

characterization of the system as "bureaucratic nonsense" be

proven true. Do not let this be an exercise in futility. I ask + d és.h i ac tr you to stand with strong governors who exercised their power of clemency to reclaim individuals worth saving. Michael Lambrix is one of these. Use your power. Save him.

Thank you.

10 --STATEMENT OF FACTS--

To properly outline all of the facts, this must start with the original conviction on one check charge (Hillsborough County Case #80-10198 C). Following that conviction I was sentenced to 3 years probation, which was violated and revoked by a plea of guilt to violation of probation. I~ was sentenced to two years with 1 year credit in State prison. On July 22, 1982 I was sent to Lake Butler, where I remained under "reception" status until August 22, 1982, then being transferred to Baker Cofrectional Institution. The prison placed me in a job as laundry folder, but within a week I. was given ·a position as the dorm laundry clerk. This position replaced another inmate who had the job and caused conflict as the previous inmate was using his position to "sell" good laundry. Upon taking that job, I was asked to continue the skam for him, but refused. Because it was taken by him and his friends that I was responsible for their loss of "income", they wanted me to compensate for the loss, which would have been impossible anyway. I had no money. This conflict continued over about two weeks, and I ignored it for the most pa,rt. At the end of August (approx) I had to bring laundry to the Dorm Room, which is a large · -' closet-type enclosure that has shelves lining the walls and a table at the center (for folding clothes, made of heavy wood). I went inside the room and my"co-worker was there witit 3 of his friends, more or less just hanging out. That was not unusual, as the room is out of sight of any guards, so somewhat private. I went inside to put the laundry up, and at first the four only began to verbally sound off, more or less- trying to play "macho" yith their friends. I ignored it all ·for several minutes, but it was growing more abusive, so I told them. to get screwed. Because there were four of thém against just me, a couple of them had to take it personal and threw me up against the shelves. I began to fight back, heiving no choice, but was jumped by all four. I took a couple good blows, then they pinned me, bent over the table. Two of them decided to "get theirs" and as the. other two held me down, a pillow case was placed· over my head, then I was forcibly raped. There was nothing I could do but wait it out, and try to shut it out of my mind. That's im- possi,ble. No matter where I went, it was always hanging over me. (2)

A couple days later a new job came open as cle-rk of the school program. . Because I kneil typing and books, I was given the job. But it didn't change much, as word started getting around that I "got turned out" and would "give it 'up". It became hell to even go to chow without the constant t'aunting. Sometimes I would ·be in line waiting and someone would whistle, or even pihch me. I couldn't take on the whole prison, and after about a week of that I just couldn't handle it anymore. I went to the prison Lt. (Lt. Kennedy) and he immediately placed me in "protective custody" and put in for an order to transfer me. Even though I was only in prison for four. months, I was always minimum custody as the only criminal conviction I had was the one "bounced" check. So on Nov. 1st, 1982 I was transferred to Lakeland Work Release. They had no fences, or anything there and no uniformed guards, only "counselors". Inmates wore street clothes and on my first day there, my sister brought me some clothes. Inside one pocket was a joint of pot (unknown to me). When I found it, a close friend and me decided to smoke it, but was caught. I told the "counselor" it was mine and tobk full blame. He wrote, me a D.R. (Disciplinary Report) for "Possession of Narcotics" and put me on Administrative Probation. I was told that if I got in trouble one more time, I'd be returned to "real prison". About two weeks later I was again "wrote up" (D.R.) for not going to my job and instead to a girlfriend's house to see my son, failing to return.on time. I was told that under the circumstances, they'd give me one more break. But a month later, on Dec. 23, 1982 our company had a Christmas party and my ex-girlfriend brought my son by. She needed money to buy him presents and so wanted me to give her some. It was against Work Release to even cash our pay checks, and I. told her so. But she gave me an ultimatum, that un- less I give her money for Christmas, I could forget I had a son.. At the "party" I was drinking a few beers and knew the Center would know I was drinking if I returned, so I said the hell with it and cashed the check. If I. went back to the Work Release Center, they'd immediately send me back to priso-n, so I didn't return. They issued a warrant for "escape", which I was told carries a 15-year prison- sentence. I could - noi: face that. I- felt I had no choice but to .. (3)

change my name and start over. After leaving the^Work Release program, I stayed with a friend. During this time, I met another friend's sister who was 30 and married (with 3 children). She wanted to leave her husband, but was afraid. It was not a secret that I 'was planning to leave due to the police looking for me, and I went out with her a couple times. . We decided to leave together and move to South Florida, where I lived for a while previously. In early January me and her (Frances Smith) left. Frances told her husband that she was going to cash his paycheck and instead took off with their car and money. I sold my truck to my brother and we left. We went to Labelle and got a motel room. The money didn't last at all and no work was available. I wanted to go to church, so we did. While there we met with some people who offered me a job, with low wages. But it was a job, so I went to work as an assistant mechanic on farm equipment. I had changed my name to "Michael Townsend" and things were working out. When I got my first paycheck I found a house trailer to rent, out on a ranch. It was about all we could afford, as we had no money for a deposit. Also, Et was out of th,e way, very remote, so I didn't have to worry about the law. Ínst after we rented the trailer, the church pa·stor provided us with furniture, which was brought to the trailer by Charlie Humphries, the local Region Director of Florida Hiway Patrol. The church also gave us $225 for K expenses. Approximately two weeks later, on Feb. 4, 1983 I was temporarily laid off work due to excessive raining that eliminated any work. I was paid over $100.00 and so was out of work. We still had·the $225, as it was being saved for a better place and to repair our cars. That next day, Saturday, Feb. 5, 1983 I went to town and bought parts.for the car. I spent that day replacing the timing chain and gear on Frances' green New Yorker, but could not get it running. Late in the áfternoon myself and Frances agreed to go to town, although our cars were not running, just to take it easy. It was not unusual at all for us to go to the local lounge and have a couple drinks, play some pool and get our minds off our problems. Fe went to a friend's and got a ride into town. About Si30 PM or so, w'e went to the "Town Tavérn" and got a table and some mixed - drinks. After about 15 minutes there, a man named "Chip" (male victim Lambersom) came to odr table and introduced himself. Neither of us ever met him previously and he claimed to be in town on "business". He joined us while 'awaiting his "girlfriend" who he said was to meet him. At about 9:15-9:30 PM a girl came in named "Alicia" (female victim Bryant) who I had met 'several times previously at "Jim's Hideaway" down on the south end of town. I didn't know her too well, just by occasional chance meetings. -She . joined us at the table and we all talked, just hazing a good time. This was Chip and Alicia's last night together, as Chip was leaving town and so they were enjoying their,time together. After .about 45 minutes, or so, Chip got into a verbal argument with a couple guys at the next table, so we all decided to avoid a confrontation and leave. After mutually agreeing to go to "Sqeaky's", just out- side of town in the direction of my place, we left. Alicia had to take her car, an older blue Chevy home first, so all of us followed her in Chip's '76 Cadillac. After Alicia dropped her car off at her trailer, the four of us vent in Chip's car to "Sqeaky's" (County line lounge). We got there about 10:00 PM and took a table somewhat close to the door, because being Saturday night, it was somewhat busy. And we all got drinks, which myself and Alicia bought, as Chip was about broke. The four of us occasionally danced and played pool. At about 10:30 PM a Sheriff's Deputy (Ron Council) came into the lounge and I talked sociably with him for about two . or three moments. As the night progressed, we all got fairly loaded and Chip kept me in conversation while Frances and Alicia talked. Chip centered his conversation on a somewhat bragging version of what he was involved in and who he knew. I had some knowledge of who was in the local "dru8 smuggling" trade from talk around town, so could stay up with the subject. Chip told me of his recent involvement which was why he was in town, and how the people were using ways to process the money. Several times during the evening he went outside to phone Miami and "friends". At about 2:00 AM the owner of the lounge was about to close, so since Chip had previously agreed to drive us home, I invited them to have something. to eat. I bought a bottle of Rum and Alicia bought an 8-pak of cokes, and we all left. .We were the last to leave that (5)

night. We got to the trailer at abouk: 2:20 (approx) and all of us went inside. The trailer, being very small (10' X 50') has a front living room area, which opens directly to the kitchen, like one large room. Just after we arrived, I put on the portable stereo and Frances began cooking, which was spaghetti. Myself, Chip and Alicia all sat in the living room having drinks, no more than 10'-12' away from Frances. The 3 of us were "laughing and teasing", just joking around between us. As Frances was coo-king, ·the trailer began to get stuffy and so me and Chip got up to· go outside to get some 8-track music tapes from the car, leaving the girls in- side alone. We sat outside on the car hood, drinking our drinks and .well, just hanging out, kidding around. Somehow it got around to wanting to joke around with the girls by scaring them. The trailer is set in a stand of young oak trees and very dark, with no lights outside. So we went around to the back side and scratched at the windows, but couldn't. get the girls attention. Still, we wasn't giving up, so Chip came up with idea to scare Alicia. Back behind the trailer, just across the surrounding fence in a large . 20-acre pasture there is a feed trough for ca.ttle. Chip went to . hide at this while I was to get Alicia to come out so he could jump out at her. I went inside and told her that Chip wanted her out back. Frances stayed inside. to finish cooking and Alicia vent outside with me. We went across the fence and towards the feed trough, which is in a stand of young oaks, much like 'that of which the trailer is set in. There was no light; at all outside, so we couldn't see very far. As We came up on the feed trough, Chip jumped out at us. Alicia didn't think it was very funny, and got mad. She and Chip started t~o get into a verbal argument, which I felt was not my place to be in the middle .of, so I started back to the trailer, going the long way around by the road. It was only a couple hundred feet longer, and no fence to cross. As I got to the front yard, righi· where all 3 cars were parked, I heard a scream. It came from the back side of the trailer, and since -the nearest neighbor was 1/2 mile away, lt was obvious that it had to be them. I stopped right at the cars and waited. A moment later I . heard another, which was positively- female and sounded like trouble.. (6)

It wasn't like a person would do in fun, but in pain or something.

a I immediately started to go back out there and as I passed , Frances' green New Yorker, which was up on a jack from that after- noon when I was working on it, I grabbed hold of the tire iron. The way it was situated, I had to go right by it and without even giving it a thought I just took it. with me, not intentionally or anything, but just because it was the're. It was sometime in the area of 3:00 AM and very dark. I went directly to the area where the feed trough was and couldn't find them. They had went further back, away from the trailer and it was too da.rk to, see any distance, but ;[ heard some undistinguishable sounds coming from the back, towards the rear of the pasture, so I headed in that direction. The pasture has a lot of palmetto stumps and is pretty rough, so I walked somewhat slowly. After a few moments, going towards the sound, I came up on them. Although it was more like shapes than actual figures I seen, it was very obvious that Chip was stradled over Alicia and was shaking her with both hands, like a rag-doll. She was lying on her back, facing up, with him somewhat on his knee's over her. As soon as I got up to them I said something to the effect of "let her up" .to which h told me in no exact way tò mind my own business and get the hell out of there. All of this was happening so fast, within seconds and there was no time to think. I pushed at hi,m with the tire iron, hard enough to knock him to the far side and as he went to the ground, he immediately came at me, springing like a cat. It all happe.ned as if by one continuous motion, and as he came I swung the tire iron at him, again knocking him down. It would had been impossible to think..it over before swin.ging and as I swung, he stopped coming towards me. I know I hil him"heveral times before I got control of myself. I then dropped the tire iron and bent over Alicia. I thought she was just unconscious, and so picked her up and started back towards the trailer. She was too heavy ,for me to carry very far, so about 1/2 way back I set her down and checked on her. She still was not responsive, so I attempted to give her mouth-to-mouth, as I had learned in both Boy Scouts an'd the Army. But I could not get a response, only a lot o.f saliva. I then realized she was beyond help and I could do nothing. It was all hap-pening as 'if a dream, as if I was a third party looking on. I.felt out of touch with all of it. After leaving her I went back to the guy, Chip. There was no doubt that he was gone, as his head was crushed. I picked up the tire iron and went back to the trailer, leaving both exactly as they were. As I walked back, I felt so disorientated that it was as if I was watching it all happen, like a third party, I can't really explain it. When I got to the trailer, I went directly inside. Frances . was right there at the stove, only a few feet from the door. She seen the blood on me and the tire tool and.was visibly shocked. She asked something about the two and I told her that "they're . dead". I dropped the tire tool and went into the bathroom and splashed cold water on my face. Frances had followed me into the bathroom and asked me what happened, but I told her I "didn't want to talk about it". I couldn't talk about it. She then went back into the front.of the trailer. I then changed clothes as my T-shirt had blood on it, all across the'front, then went into the kitchen and discussed the situation with Frances. We never talked about what happened, only that I was "wanted." by the police, and if they came, I'd go to prison. Somehow without really saying it we both agreed that we had to leave. Frances would get jumpy even seeing . a cop and previously, 'while at the church pastor's house having coffee, Charli-e Humphries came in in uniform ·and Frances almost panicked'. We both got a few things, then went out to Chip's car, which had the keys in it, then left to go to the store to buy a , flåshlight. The closest one was clear on the south side of town, a good 15 milep away, so we went there. An.d on the way back.we stopped by John "Tex" Chezem's to get a shovel, as I had nothing at the trailer. Frances stayed.in the car alone both at the store and Chezem's. We then went back to the trailer and out back. Frances held the flashlight as I did the. work. Both of us did what we felt we had to d·o and worked together. Neither of us did much talking, as I think both of us were pretty scared. All of it just didn't seem possible. . After we had fini'shed concealing it all, then we returned to the trailer and got a -couple changes of clothes. We knew we had to get rid of the, car, and instinctively ·felt compelled to "run". But we left everything at the trailer, and we both took turns = driving. Frances drove all the way to Lake Wales (a'bout 80 miles) as I slept. Once there we both stopped at a restaurant (IHOP Int. House of Pancakes) and went inside. Frances ordered some pastry and I got a breakfast. We both ate, then continued on to Plant City, with me now' driving. We discussed what we would tell anyone, that the car was ours, and stuck to that. · The first place we stopped was my parents, who told me where my sister lived. They told me that the Law was watching for me and that I'd better look out. I left moments·later and we got to my sister's early that morning, about 10:00 or so. Me and Frances were both exhausted, so we slept awhile, then Frances.and my sister went to the local laundrymat. While they were gone, I went to Tampa (20 miles) as the State Fair was there and I thought I might be able to get work. We all met at my sister's house . that evening and then me and Frances went to her families' house' in East Tampa. She wanted to visit them. Late that evening we returned to my sister's and stayed there. Monday morning I wanted to go se,e my son, so went to my ex-girlfriend's apt. in Plant City. Frances' parents also lived . up in Plant City, so she dropped·me off and went to her parent's alone. A couple hours 'later she picked me up and we returned to . my sister's. We'had intended to go to the State Fair that night, as I knew a lot of people there. My little brother (then 18) was going with us so about 8:00 PM we picked h'im up, then all of us went to the Fair. It was raining that night, so as we got there, they were closing- early due to the rain. We couldn't get in the front, so went to the "service gate" and told them we were looking for family. They let me and Frances in, but my brother stayed out with the car. I met a friend, who owned some concession units inside, and the 3 of us went back to the car, then to a local lounge. We stayed there all four of us drinking pitchers of beer until it closed at about 1:00 AM, then we dropped my friend off at his motorhome and went back to Plant City. On the way back, the car broke down and since it was close to my parent's,.my brother went and got his truck, then came back and jumped the

a (9)

. car off. That night we stayed at my parent's, in the car, while the battery was charg1d. Early the next morning I went to a friend's house and got the problem fixed. Frances spent the day with my sister as I had some other stuff to do. I picked her up sometime about 8:00 PM at which time my sister told me that my ex-wife seen me driving around in Plant City, so they knew - I was around. Apparently, when the police came to my sister's, it was Frances who talked to them and said they hadn't seen us. So I took Frances to her brother's house close by. As I had already planned to take my son and ex-girlfriend (not ex-wife) out. I had spent the afternoon with them and had told her (Kitty) I'd pick them up. But my son was sick, so we left him with Kitty's sister and me and Kitty went out alone. We got something to eat, then went to the local drive-in. We stayed until about 11:00 PM. Then I dropped her off and went to Frances' brother's house, to pick up Frances. We both stayed there instead of going anywhere. His house is pretty remote and we didn't want the cops around. Her brother already knew the cops were looking for us, as it was no secret about my "escape" charge. Early the next morning we got up and Frances' brother had ... already went to work, so was not-home. About an hour later Frances' sister came by and then left. About 9:00 AM that morning (Feb. 9) Frances wanted to go by her husband's, who was -at work, so not home. And then was to get a ride back, as I had already arranged a ride back to Labelle. Frances was to take the Cadillac . ("victim's) and park it at the corner of Trapnell and Turkey Creek Rds., so the police could find it. She first had to go by the Dover post office, to get our mail. Before·she could get over to Trapnell Rd., where she was to leave the car, she was-. pulled over- by several Sheriff's Dept. units, who were looking for the car, because Frances' brother Harlin (where we stayed the night previously) had told the police that I was driving it. But I wasn't, Frances was alone. The police questioned Frances at length asking where I was, telling her they knew I was with her earlier. At first she denied even knowing me. She claimed áhe never heard of me. The police then told her they knew, so she changed het story and said she hasn't seen me in. weeké. But the (10)

police then told her that she was seen with me that morning, and according to the Record^she then toid the police that she "just . dropped me off at the (Plant City) bus station", where I got on a bus to Chicago. The police sent a unit to the bus station, and quickly verified that not only were there no buses out, but that . me and Frances were never there at all. So the police then arrested Frances for "aiding & abetting" a fugitive. Then my sister drove up and stopped, because she seen the police cars surrounding the car she knew I was in. She was allowed to talk to Frances, with the police present and told Frances to "tell the truth". So Fran·ces again changed her story and said I was at her brother's house, another lie. The police quickly checked it out and found she was still lying, so took her to jail. When she was arrested, the police impounded the car. They had absolutely .no knowledge of anything in Labelle (Glades County) . as Frances, even while in police custody never said a word. . So they took the car to a local impound yard, at which time the towing . company· found a notebook that was stashed on thç under-carriage. This, was given to the police, who (on R.ecord) concluded it to be that of a "drug smuggler" - by the figures and names and addresses listed. Also, found was a false I.D. and driver's license that was issued to the male "victim". The car was registered to that false name and the police ran it through the computer. It connected them ·with the parents of "Chip" (the male) who was "missing", so in . turn connected them with Inv. Daniels, at Labelle, who was investi- gating a "missing persons" report on Alicia Bryant. On February 11, 1983 Frances put up bail on the "aiding & abetting" charge and was released. Not once did she say even a word about what took place in Labelle, although just ,prior o release she was questioned by two detectives who were looking for me. They were from "auto theft" and Frances denied any knowledge of anything, several times under oath claiming she had no idea where the car came from, only that all she knew was that she met me in December and I took her out a couple times, then she didn't see me until. the morning she was arrested. She claimed I asked her to take the car and drop it off at the corner of· Trapnell and Turkey Creek. - She made a _point of claiming she was not with me anytime before (11)

February 9th, the day she was arrested, and was not in Labelle with me. ... Following Frances' arrest on Feb. 9, I stayed with a close friend, who-was her (Frances) cousin, by marriage, but like a brother to our family. He had previously lived with my parents for a time. He was then living with a woman (he was 19, her 34) more or less as in marriage. They lived close to my paren.ts and I stayed there from Feb. 9 to Feb. 13 (Weds. to Sunday). Preston Branch, (the person) was in touch with Frances through her family and so on Friday, very late, when Frances was bonded out word was . got to us that s,he needed her clothes and stuff from our trailer in Labelle. She couldn't^ go herself, as the police were "watching" her to locate me. So she wanted us to go get the stuff. Preston .. Branch and his girlfriend Debra Hanzel agreed to, and so Preston borrowed my brother's truck. Then early Saturday (Feb. 12) the three of us went to Labelle. It was raining cats and dogs, so we made poor timing. The way we went, it was 175 miles and we got to Labelle at about 3:00 PM. The trailer was basically just as I had left it. We first drove to Bob Johnson's, my landlord and told . him that we were leaving and no longer needed the trailer. ·-He -1-i·ves on the same ranch, and across a large pasture from the trailer. We then went to the trailer and proceeded to pack up all the stuff. . The furniture inside was ours, so there was a lot. Preston wanted the stereo out of the cars (which was left) so he worked on that. Me and Debra packed dishes, clothes and stuff. It took about 3 . hours mile we were them, Billy Williams, a friend of ours came by to check on the trailer. He used to come by every day and when he came by during that week, he found us gone, with eveFything as if we just walked out. He found the spaghetti Frances cpoked that night still on the stove and so fed our dog for us. Then he would come by each day and feed the dog. I had worked with his father and he was a good friend. That day he came by just to check up on the trailer and found us there. He told me he took the ½ full bottle of rum (we got at Sqeaky's) and so gave me $10 for it. Then he left. After we.finished packing everything and loaded up all the furniture, we left. We stopped by a local s.tore (7-11 type) and · got a couple 6 packs of beer. It was raining hard and Preston (12)

drove. I was drinking some beer and all that was going on was really on my mind. Befôre long I had drank about 10 of the 12 . eers, so we stopped at a store and I got 2 more 6-packs. All of what was at the trailer was really bothering me, so drinking the beer helped me-get by. 'None of us were talking as the rain was really bad. We had the radio going and without provocation I said something to the effect that there were two dead people back at the trailer. I just had to say something. It caught their attention and Preston said "say what!". And I repeated it.; then they got real serious, so I said "relax, I'm just kidding" and that was the end of it. Nothing else was said, but I had to get things off my mind, so I started goofing off. We were going down a very remote highway and I got out of the truck, (while it- was doing about 50 MPH) and climbed in back. Preston told me to cut it out before I killed myself and I told him I wasn't that lucky.

We got back to Plant City pretty late and I stayed at a friend 's house because Preston & Debbie had things to do. They >rought Frances her clothes and then the next morning, on Sunday, they brought me to Tampa (State Fairgrounds), as it was the last ., day and I planned to go to work, helping tear it down, then move it to Vero Beach. I called Frances from the fairgounds, as she was at her sister's house very close by (Nola Greene's). She said she got her clothes 'and that I'd better be careful as the law was "watching" her. On Monday, Feb. 14, I went with my friend to Vero Beach, where he put me to work at a concession. I had no contact with Frances until a couple days later. I called her from a portable phone booth, set up for the fair at Vero Beach, but I didn't know that * on Monday (Feb. 14) she had went to a lawyer and made a deal to get the "aiding & abetting" charge thrown out by telling them about what happened (in Labelle). But she didn't tell everything exactly as it took place, but twisted R.around so that she could not be responsible for anything. She went to the State attorney, who sent her to the Fla. Dept. of Law Enforcement (FDLF) an agent Connie Sniith (no relation to Frances, whose last name is also "Smith·"). told Agent Sniith where the bodies were and that- (13)

I had "forced" her to assist in concealing them. In questioning Frances about how and wh-y Frances at first said that I "never . said why" and that I only said "they're both dead". She didn't give any reason or explanation as to why 'or how they died, and told Agent Smith that she didn't see me ever touch either one of them. She claimed that the only knowledge she had about the' deaths was that of what I told her; and after several weeks, pl.us taking a lie detector test, which showed she had no "previous knowledge" that the "" were going to happen (also showed. "possible . signs of deception"). She then began to change parts of her story, giving more details. She then said that I told her I killed.t,hem and related a story that was consistent with the facts that could only be known through facts revealed by autopsy, obviously with the assistance of Agent Smith. On Feb. 17, 1983 Agent Smith went to Debra Hanzel and Preston Branch, after learning they were previously in contact with me. At first, both Debbie and Preston denied evèr knowing me, or seeing me. They told Sheriff's Deputy that they thought I was still at work release. But later the same day, Presta called the police and told them he had information. They' met with Agent Smit·h and - told Agent Smith that they seen me up to a week ago and dropped ©| me off at the State Fairgrounds. They told her (Agent Smith) that they went to Labelle with me and helped remove.my property. Agent Smith told them I was wanted for murder and that a warrant was issued,- which Preston said he didn't believe I could do it. Agent Smith questioned them at length about the trailer and they told her about a shovel that was at the trailer. It was. banging on .. the window of the truck, while leaving the trailer, so Preston had me "get rid of it" (thrown off). They went with Agent Smith and recovered the shovel that week. While spending all that time with Agent Smith, Debra told her that she expected me to call, because she had asked me to, so that she'd know I was alright. Agent Smith then asked Debra to help her apprehend me by allowing a "tap & trace" to be put on the phone, so that when the call came in, they could locate me. In late February"I called Debra collect from Orlando and we talked. She réad a newspaper article from the "Lakeland Ledger"- to me, which said a warrant was out_ for (14) .

"murder" and so far the first time I found out. Up until then I didn't know Frances hÃd said anything. Especially since I had talked with Frances from Vero Beach on about Feb. 20th, after she went to the police and she told me that she was·still being watched and that they wanted to know about the car. Even then Frances said nothing about going to the police and even asked me (we agreed) to write a letter telling why she had the car so she could show them (the cops) and I did. I sent the letter with what we agreed to tell them. On March 2nd, while I was on break from my job at the Orlando Fair, I was walking back inside the grounds with a girl who was staying with me and another gir-1, when the Orlando Police surrounded me (with guns) and took me into custody. I was brought to Orlando jail, booked for "escape" and one "murder". I didn't talk with any- ,one and gave no statements, at all, to anyone. Within hours of my arrest, Glades county sent up two deputies to pick me up. I was brought to Glades county arriving at about 2:00 AM and booked on one "murd,er". It wasn't until a month later that I was charged with the other murder. I wm't charged until after the grand jury indited me. The Court appointed the Ft. Meyers Public Defender's office to be my lawyer and they asked me what happened. Since that first day in Glades county, -I was told I was going to "fry" and was constantly harrassed, so by the time I talked with the public defenders, I felt I had to either I'beat" it or go to death row. I just couldn't face prison. I denied knowing anything about the murders, saying I didn't know why Frances said I did it, or how she knew. I only knew I couldn't trust the public defenders. The first one appointed (Thompson) had the case for about 3 weeks and . everytime he talked with me, he would tell.the State what I said. I had to write his boss and have him removed, for that reason. I just couldn't trust them. . As the case began to get close to trial, I still refused to cooperate with the public defenders. If I was strong enough, I probably would had just killed myself·, as I just couldn't handle all the hassle. .I refused to discuss any "plea-hargains" and told the public defenders that if- convicted, I_ winted the "d-eath (15)

. Penalty". I couldn't handle prison. At least death row offered a way out....death In Nov. '83 the case went to trial. The trial was held in Glades County, which is very small ånd everyone knew that the case was on. The local papers had covered it extensively and even . by their own admittance it was the biggest "event" in the county in years and the first trial asking for the death penalty in a very long time, so almost every juror called said they already had knowledge of -it. The trial lasted about 2 weeks and when it went to the jury (for deliberations) they stayed out for 11 hours, until 2:00 AM, and couldn't reach a verdict. At least one juror said "not guilty" and refused to bargain. Several others felt that if it was murder, it wasn't "pre-meditated", so finally the judge declared a "miss-trial" (hung jury). And so that trial was over. In Feb. '84 a second trial got under way. The State had only the who are included in this statement. Frances was the "key witness". No one could say they actually seen me kill anyone. I never gave any statements to anyone.and my lawyers refused to subpoena witnesses to prove Frances was lying. (The police Frances had given other stories to and an independent pat'hdlo- gist to relate to facts of cause of death). No defense was presented. As the jury was picked, 4 of the 12 were directly related to members of the Sheriff's Dept. One was the step-father of Deputy Ralph Green, who at that time was under F.B..I. investigation for coming into my cell and assaulting me. The State presented their casa and my public.defenders didn't present anything. I was convicted,. then sentenced to death. An appeal was filed and on Sept. 25, 1986 it was denied. The tio issues of trial error was that the court refused to allow the jury to know that Frances had previously gave statements that contradicted her trial testimony. And also the court had refused to allow th.e jury to hear facts showing that Chip "Lamberson" was involved in "drug smuggling" and his associates currently under a RICO investigation for various areas of racketeering. (16)

SUPPORTING FACTS (TO STATEMENT)

1) Only previous conviction,. one count of "worthless check", Hillsborough County Case #80-10198C, which was pled "vpole contrendre" on April 15, 1981 and sentenced to three years probation. This probation was violated on March 23, 1982, then revoked on July 1, 1982 at which time I was sentenced to two years in prison, minus 267 days credit.

. 2) Prison record would show that I was placed as laundry personal first, then transferred to East T-Building dorm laundry clerk. That lasted approximately two weeks, at which time I was again·transferred to school clerk. About this time a "racial riot" broke out, and then shortly after I went to Lt. Kennedy, who placed me in "protective custody"until my transfer to work release.

3) ·0n Nov. 1, 1982 I was transferred to Lakeland Community Control Center (work release) an extremely minimum security institution which houses approximat'ely 50 "inmates",; who go out and work then . . must return each night to the Center. There are no locks, no bars, no guards. On Nov. 2 I- was "wrote 'up" for "possession of narcotics" and placed on "probatiòn" About Nov. 28 I was wrote up again, for leaving area of approved work plan (failure to go to work). A third "write-up" would have sent me back to prison,

4) Frances Smith's pre-trial depositions show she met me through her brother, when she was married to Roy Smith.. They had been married for 14 years and had three children, the youngest under one year old. Frances was then 30 and had dated me within the week of . Dec. 25 - Jan..5 almost daily. She knew the police were looking for me and wanted to leave her husband, so together we left. She did not tell her husband, but rather said she was going to cash his paycheck, then instead took off with all their money and their only car.

5) The $225 given by the Church is mentioned in (1) John Chezem's pre-trial de,po-sition-, (2) Frances Smith's pre-trial deposition and (17)

also various investigation reports gathered by the StatA of people not called as wiinesses.

Also, statements by Hanzel and Branch show that on Feb. 7-10 I had a "large amount of money", while the pre-trial investigation of Inv. Daniels conclusively shows that both "victims" had no - money. Lamberson was "pawning" his only property days before, and couldn't pay his motel, while Bryant was a waitress and due to get her paycheck the next day.

6) I worked for Don Fink at "Fink Farms", directly under Billy Williams, Sr.. As my car was not operating part of the time, I would often walk about 2 miles to his house to meet him, then ride together to work.

7) About Jan. 10 we rented a 10' I 50' trailer, very poor shape, from Bob Johnson, who formerly used it as a caretaker's unit on his ranch. It was located on his 345 acre ranch and the closest home was his, ¼ mile away.

8) Frances is completely in agreement of the events of Feb. 5, 1983 working on the cars, then going to a friend's to catch a ride into town.

· 9) Frances is in agreement that upon arriving in town, we went to the "Town Tavern" and while there, a male, approximately 35 years old who we came to know as "Chip" (the now deceased .male) came up to our table and introduced himself and then joined us.

10) Investigator Daniels of Hendry County Sheriff's Dept. investi- 8ated a "missing persons" complaint filed by the parents of Alicia Bryant and in the process of this investigation he verified facts that (1) Alicia Bryant was employed as a waitress at "Whites Restaurant" about two blocks from "Town Tavern" and worked the evening of Feb. 5, 1983 until 9:00 P.M. (2) Alicia Bryant was to report back to v.ork at 6 00 A.M. the following morning. (3) That the following day Bryant would be paid her weekly che'ck... She did (18)

- not pick up this pa'ycheck, nor request an advance, so had no intention of leaving toûn.

11) Investigator Daniels investigated "Chip", known in Labelle a as "Law'rence Lamberson" though legal name was "Clarence Moore" and durin8 this investigation revealed that (1) He was staying at the Labelle Motel for approximately one week, but had checked out on the morning of Feb. 5, 1983 and took his belongings. (2) He was dating Alicia Bryant, who according to her roonmate (female) that lived with Bryant it was only for a "couple days". During this . short period Bryant, her roommate and "Lamberson" took several trips to Ft. .Myers to pawn gold an,d personal items, to pay his rent. He could no longer pay the $24' per .day for the Motel room.

. 12) The 1976 Cadillac mgEdtered under Chip's false name ("Lamberson") was actually bought by Maria Moi-ra, who intended to start a "Limo Service". This was brought out by depositions and investigations, (some by Public Def. Inv. Edward Neary)- Lamberson left Key Largo with the car and didn't tell anyone where _he was. In pre-trial · depo of his mother, Elaine Banner, she claimed Chip had called her and said he was "scared and running". Also that his partner in business was under an ongoing RICO investigation for racketeering and drug involvement.

13) Frances is in agreement with $11 events that took place at both the "Town Tavern" and "Sqeakys" up until we got to the trailer.

14) Frances' pre-trial deposition of Feb. 17 (approx.) stated that she did not know why it happened because nobody was arguing and she said the three of us were "laughing and teasing" just before · going outside. She also said that I told her that I wanted to show Chip "some plants", which was not true. Even if any plants were outside, we had no lights outside, so it would be impossible to åee. But_ the evidence shows. that a stereo was on at the trailer, and also that when the car was impounded, several 8 track music tapes. were found inside, which all substantiates my claim that we went out to- get out of the heat from cooking and to get some tapes (19)

Why would anyone go out at 3:00 A.M. to look at plants, with no lights or anything?

15) Frances is in complete agreement that I went out alone with Chip ("Lamberson") first, returning about "20 minutes later". Frances claims she has no knowledge of what to.ok place outside because she could not see or hear anything, at all. All·she claims to know is that we were all "joking around" just before me and Chip went out alone and that about 20 minutes later I re.turned alone "looking normal" and told Alicia Bryant that Chip wanted her out back.

The entire case rests on her positive I looked "normal". The medical examiner had stated that beyond any doubt, the type of . death Chip suffered would positively "splash" blood on the assailant, therefore Chip had to be alive 'when Bryant came out, because I 'looked normal", and it wasn't until after Bryant went out that I . returned with blood "all over". Also, Frances is positive that I did not have a tire iron with me until after I returned alone the second time. I was wearing only the T shirt the State recovered,'so it would be impossible tö conceal., Also, since both had to be alive, the way they died (two ways) it would be impossible for one person to kill both at the same time, vigh both larger than me, One could had run, or at least fought and Frances is positive I didn't even have a scratch on me. - .

16) Frances pre-trial and trial testimony is consistent that after returning "alone" and told Alicia Chip wanted her, then me and Alicia vent out. Frances st'ayed Inside where she claims she 'bouldn't see or hear anything outside".

18) Inv. Daniels stated (in pre-trial depo) that upon arrival at the trailer, he observed two cars.in "various stages of disrepait". -Both Preston Branch and Billy Williams stated they seen the car - (20)

up on a jack. All evidence is consistent that Frances' green New Yorker was approx. -10' away frdm the front door, with the closest corner up on a jack and the tire·iron missing, in a . position that one would go towards the back.

19) Although not conclusive, it is- the medical examiner's professional opinion that Bryant died of "manual strangulation". On the official Death Certificate, the cause of death is listed as "probable".

20) On Medical Autopsy, it is conclusive that Chip "Lamberson" died as a result of severe trauma to the head. The blows which is evidence that cannot be either ,fabricated or altered, shows conclusively that the position of the assailant must had been that of facing towards Lamberson. This is consistent- and substantiates the fact that Lamberson, was coming at me, from a ½ crouch, almost prone position, like a .cat (lunging). Also, medical reports show that a nog-fatal wound on Lamberson's side, which penetrated him and is consistent with the point WP the pnåse of the iron substanti- ating my claim that I pushed at him with the tool, hard enough to , push him off Bryant.

21) Frances claims tha..t when she went outside·after I returned, she had observed that Bryant and Lamberson were in two separate places, not together. Also, Bryant was close to the trailer. Frances stated also that I had went to the bathroom and rinsed my mouth out because Bryant "spit" in it, consistent with what I claim, as when I attempted mouth-to-mouth, all I got was a mouthful of saliva. "'

22) Frances, in her pre-trial testimony, claimed that upon returning to the trailer and her seeing the. blood, she was startled. She stated that I "grabbed" her and told her that if she doesn't help, she'll be put between them". This is contradicted by all known evidence, that which can't be fabricated. The facts show that she did not go to the police that night, although _opportunity Presented itself. Rather... she left with. me to Plant City, with - (21)

herself driving. Then over a period of four days she often went off alone, returning to -stay with mé. Not under any threat at all. Last of all, the record conclusively shows that even in police custody she wouldn't tell them, rather making up one story after another. It wasn't until after she was given an opportunity to get herself out of trouble that she volunteered any information and then all the facts were made to look as if no blame could be placed on her. There was absolutely nothing to substantiate her claim t-hat she was "forced", either by physical means, or impli,ed threat. The facts and her own actions completely contradict any such claim.

23) In closing, the only difference between what the State says and what I say took place is Frances' own story of me telling her that I "killed" them and how. Only her word on this, nothing else. And the pre-trial depositions are very clear that when she first told her story, she said only that I told her "they're dead" and that I °didn't want to talk about it". That was her original story, which she changed only afte.r the cops kept questioning her and told . her that if she didn't give them everything, she could be charged.. She was given a polygraph, which showed '"signs of deception".

To support her claim of "robbery" as the only motive, she claims she positively seen me "go through the -pockets" of Chip, but the State proved that false, as they found expensive jewelry in the exact pocket she claims I went through and gold on both. She claims I took a "gold necklace", yet not even one person except her ever seen this necklace. The police did a very in-depth investigation., but couldn't even find one person who ever seen a gold necklace, before or after hiªs death. Not even his mother. It never existed, period.

Last of all, the car. It was on this "motive" the State used to support their "robbery" theory. Yet when what I say is compared to :: what Frances told the police, that she was to "drop the car off" at a corner, and the fac·t - that the license plates or nothing was changed to conceal. it, and Frances, herself, was alone driving the car when impounded.. So all the evid.ence supports -exactly what (22)

I say took place,- yet contradicts the only area of which her and me disagree. In .every point where her story conflicts with mine, the actual facts through evidence shows her to be lying and 2.nconsistent with what really had td take place.

The facts speak for themselves. (23)

. --STATE'S·VERSION OF CASE--

The following is taken word-for-word from Court Record, exactly as the State portrayed and all witnesses they called to support their claim. 'It can be found in the Court files, as they are public record. (Numbers in paragraphs are page of record). .

1) Taken from trial appeal brief to Supreme Court at page 241. "Frances Smith was the State's Star witness. The prosecutor acknowledged and emphasized the importance at the very onset of his . opening statement". (to jury at trial).

"I would like to ask you at this time if you could envision a bicycle tire...(pause). You have a hub that goes in the middle, and you have spokes around that wheel. They all support and reinforce it That's somewhat like the State's case... At the hub there is one witness, Frances Smith. The spokes from each side of her testimony are the other 15 to 17 people we will call in that support and reinforce the testimony of Frances Smith. Frances Smith is the hub of the case". (R1825)

After the homicides Frances Smith was arrested. She was held in jail on an unrelated criminal charge (R2249). D,uring the time she was in custody, she made sworn statements to Detective Kenneth . Mizell of the Hillsborough County Sheriff's Department, (R578). In this statement, among other things, she indicated that she had not seen the def-endant during the week the homicides are alleged·to have occurred and didn't see him until four days after the alleged date of the homicides (R580 and 2322). This s'tatemEnt is in direct conflict with the testimony at trial (R2188.et seq.').

Ms. Smith made other conflicting statements, in addition to this exclusion. For instance, see her statement to Deputy Thomas (R567): "She said she had known him for about a month and that she had no idea where he was at or where he was going. She·had no explanation for the car (of the deceased) other than he picked her up and said take it here and drop·1t off·and..somebody . (24)

. Will pick it up",

(The above not heard by jury as trial court would not allow inconsistent statements due to improper precedure).

2) (Trial appeal to Florida Supreme Court "Statement of Facts" at page 2-7). (List of witnesses and what exactly they testified to).

* Connie Smith, a special agent for the Florida Department of- Law Enforcement assigned to investigate organized crime and other major offences (R1842) testified that on February 14, 1983 she interviewed Frances Smith. Frances Smith related to her that she had assisted the appellant (Lambrix) in the burial of two bodies in Labelle. (R1844) Agent Smith contacted and coordinated numerous law enforcement offices and made initial arrangements for an investigation at the burial site (R1844-R1852). The bodies of Alicia Dawn Bryant and Clarence Edward Moore A/K/A Lawrence Lamberson were recovered, (R1852-1857) Agent Smith identified pho.tographs . of the scene and items of physical evidence found in and around the mobile home, located near the scene.(R1852-1881) Outside the presence of the jury in proffered testimony Agent Smith testified to. the existence of a "drug smugglers notebook" (R1888) found in Moore's Cadillac automobile and photographs of a woman who was a

target of a RICO investigation" in Moore's wallet (R1890).

Carla Mitar, an investigator for the State.Attorney's office, testified that she was involved in the recovery of the two bodies

(R1901-1915) and a search of the mobile home near the burial site (R1915-1919),

Robert Daniels, a second investigator from the State Attorney's office testified to accompanying and assisting Connie Smith and ..Carla Mitar in their efforts at the burial site, the interrogation of Frances Smith, the recovery of certain physical evidence near the scene, and the acquisition of aerial photographs of.the scena ( R1920- ¿L 9 86·)..-_ (25)

Samuel Johnson, a pedical-legal investigator for the medical examiner's office, testified to the recovery of the two bodies, the conditions and circumstances under which they were found and processing them for Aut.opsy (R1992-1038).

.. Dr. Robert Shultz, a forensic pathologist and an associate medical examiner, testified that he performed the autopsies on the recovered bodies (R2038-2045). He testified that the cause of death of the male was "multiple crushing blows tó the head" . (R2064). Concerning the female he indicated that there were "no signs... that we could point to with certainty and say this was the cause of death, yet we have to therefore assume -- I assume .. and I believe within reasonable medical certaintf that she was . manually strangled. (R2076-2077).

Ron Council, a Glades County Deputy Sheriff, testified that during a routine bar check on the evening of February 5, 1983 he observed Bryant, Moore and Frances Smith and the appellant (Lambrix) drinking together ht Sqeakys' bar and that he observed Moore's Cadillac automobile parked outside the bar (R2149-2166).

Frances Smith testified that she first met and appellant (Lambrix) on January 3, 1983 when he came to her home in Dover, Florida to meet her brother (R2179). At that time Ms. Smith was 30 years old, married and living with her husband and their three minor children. She abandoned her husband and children on January 14, 1983 and accompanied the appellant (Lambrix)· to Glades County. When they arrived in Glades County, they rented 'h small two-bedroom house trailer on a huge piece of property with a lot of trees " in the rural area of the county. (R2183-2184)-

They lived together in the trailer. The appellant (Lambrix) did ranch and farm work and she did "little odd jobs", such as raking leaves and.cleaning homes (R2187).

Ms. Smith testified that on S.aturday, February 5, 1983 she and th'e-appellant (Lambrix)'vent to the Town Tavern (R2188-2189) (26)

where they met Moore A/K/A Lamberson (R2190-2191). She testified they were joined by Bryant, age 19, and shortly thereafter left

the tavern and went to Sqeakys' bar in Moore's Cadillac automobile (R2181-2194). She testified they consumed drinks and left the bar after midnight to go to the house trailer for spaghetti (R2201- . 2204).

Ms. Smith testified that the four of them arrived at the house trailer and she began preparing spaghetti. The others were "having a good time" (R2205). She testified that shortly after the appellant (Lambrix). and Moore A/K/A Lamberson went outside and that the appellant (Lambrix) returned in "about 20 minutest'-and requested Bryant to go out with him (R2205-2.208). She testified that Bryant exited the trailer with the appellant (Lambrix) and about forty-five minutes later the appellant (Lambrix) returned alone. (R2209-2210).

Ms. Smith testified that the appellant (Lambrix) had blood on his person and clothing, that he car,ried a tire tool with him . and that he indicated to her that Bryant and Moore were dead (R2210-2211). She testified to further conversation with the appellant and the process of burial of the bodies in an area behind the trailer. She testified that after the burial, they went back to the trailer, took a change of clothing and left to go to Plant City (R2211-2229). She testified they took Moore's Cadillac and disposed of the tire tool and bloody shirt in a nearby stream (R2229-2232). -

Ms. Smith testified they arrived at the home of the appellant's sister, Mary Lambrix in Plant City early Sunday morning February 6, 1983. They stayed there until the following Tuesday. They went to Smith's brother's home on Wednesday. On Wednesday, while driving Moore's Cadillac alone, Smith was arrested by police officers and Placed in jail until Friday night on an unrelated charge (R2240- 2250). On the following Monday she contacted law-enforcement officers and advised them of the burial (R2251). She testified , to- subsequent· telephone contact with and a lettei received from (27)

the appellant (Lambrix) (R2260-2285).

During her arrest and incarceration Ms. Smith made statements to police officers, the contents of which conflicted with her testimony. Defense counsel attempted to cross-examine Ms. Smith on these statements and was prohibited from doing so · by trial court (R2319-2326).

Bob Johnson testified that he was the owner of the land .and trailer where the appellant (Lambrix) and Ms. Smith resided in Glades County and that he rented -it to them. He described the geographical perimeters of the area (R2337-2349).

Larry Banhart, a Hendry County Sheriff's Deputy and a certified diver testified to the recovery of a tire iron and a T-shirt from a stream near the burial site (R2350-2365).

John "Tex" Chezem, the nearest neighbor to the appellant (Lambrix) and Smith in Glades County, t,estified that the appellant (Lambrix) borrowed his shovel on February 6, 1983 at 2:30 A.M. .. and that at that time he was driving a black Cadillac (R2371-2386).

Billy Williams, Jr. testified to the condition of the house trailer after the appellant (Lambrix) and Smith left the area and to the appellant's- subsequent return to retrieve his possessions from the trailer (R2387-2401).

Preston Branch, a friend of the appellant (Lambrix) testified that he and Debra Hanzel drove the appellant to Labelle, to his house trailer-where they helped him, empty ,the trailer, pack furniture and possessions, and return to Plant City. During the return trip Branch testified that the appellant (Lambrix) told him that he knew "where two bodies were buried".(R2401-2428) Debra Hanzel's testimony was substantially the same as Branch's testimony (R2428-2459).

(That ~concludes list of State witnesses and testimony). . (28)

Exact findings of Florida Supreme Court in' written opinion by Justice Adkins on Se^ptember 25,'1986 (case #65203).

"Cary Lambrix appeals his conviction on two counts of first- degree murder and the imposition of two sentences of death. We have jurisdiction Art. V & 3 (6) (1), Florida Constitution. We . affirm both convictions and sentences.

On the evening of February 5, 1983 Lambrix and Frances Smith, his roommate, went to a tavern where they met Clarence Moore, A/K/A Lawrence Lamberson, and Alicia Bryant. Late that evening they all ventured to Lambrix' trailer to eat spaghetti. Shortly after their arrival, Lambrix and Moore went outside. Lambrix returned about twenty minutes later and requested Bryant to go out with him. About forty-five minutes later Lambrix returned alone. S.mith testified that Lambrix was carrying a tire-tool and had.blood on his person and clothing. Lambrix told Smith that he killed both Bryant and Moore. He mentioned that he choked and stomped on Bryant and hit Moore over the head. Smith and Lambrix proceeded to eat spaghetti, wash up and bury the two bodies behind .. the trailer. After burying the bo.dies, Lambrir and Smith went back to the trailer to wash up. They then took Moore's Cadillac and disposed of the tire tool and Lambrix' bloody shirt in a nearby stream.

On Wednesday, February 9, 1983, Smith was arrested on an un- related charge.. Smith stayed in jail until Friday. On the -following Monday, Smith contacted Law Enforcement officers, and advised them of the burial.

A police investigation led to the discovery of the two buried bodies as well as the recovery of the tire iron and bloody shirt. A medical examiner testified that Moore died from multiple crushing blows to the head and Bryant died from manual strangulation. · Ad- ditional evidence exists to support a finding that Lambrix committed the two murders in question?, APPENDIX F .. . .W.A. ha. -

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t t t APPENDIX G AFFIDAVIT OF CARY MICHAEL LAMBRIX

STATE OF FLORIDA ) ) . COUNTY OF BRADFORD )

BEFORE ME, .personally appeared, CARY MICHAEL LAMBRIX, and having first been placed under duly administered sworn oath, does state:

1. My name is Cary michael Lambrix and I was born on March .29, 1960. I am the original petitioner in ·the instant action_ 2 - In February , 1984 , I was tried in Glades Coùnty, Florida, on two counts of first degree murder. At trial, I was represented by Mr. Robert Jacobs and Mr. Kinley Engvalson of· bhe

Office of the Public Defender- for the 20th Judicial Circuit of

Florida.

3. The trial resulted in guilty verdicts on both counts of

first degree murder. The jury recommended death by, votes of 8 Jt,oo

4 and 10 to 2, and the judge imposed two death sentences.

4. Both befo're trial and thro.ughout the . trial, I consistently maintained that I wanted to exercise my right to testify in my own behalf.

5. Had I not been coerced into not taking the witness stand, I was preparéd to and would have testified to the following facts:

a In January 1983, I moved - to the riorth LaBelle,

Florida. area of Glades County with a woman known as

Frances LaRue Smith. Shoi·tly after our arrival ,in the

LaBelle area, we rented a mobile home on Ferndale Lane in southwest ·rural Glades County. I began full-time work as a mechanic's assistant för Fink & Collier Farms-of

A-l LaBelle. Both of us also became active members of the

First Baptist Church in LaBelle. b. Following an accident which resulted from. my

operation of farm equipment while intoxicated, I was laid

off from work on February 3., 1983. On that date, I

·received approximately $140.00 for compensatory pay. - I

had also received approximately $275.00 in cash from Mrs.

Carol -Fink and Rev. Abernathy of the First Baptist Church in LaBelle, c. After being laid off, I spent the next several days continuously consuming alcoholic beverages while attempting to repair our automobile. This activity lasted through Saturday, February 5, 1983. After spending the day consuming both hard liquor and maybe two to three six packs of beer, I stopped working because I was too intoxicated to complete the minor mechanical repal.rs , d. On the evening of Febi-uary 5, 1983, Frances Smith and I went into LaBelle to a local bar to continue drinking. We. arrived at. the Town Tavern about 9:00 p.m. e.. While we were having a drink there, we were approached by a.man I had never met before who called himself "Chip." He invited himself to join us.· A little later he was joined by a girl named Aleisha, whom I knew as a waitress from the Ride-Away Bar. f - The four of us talked and drank for an hour or so,

2 and then we decided to go to another local bar known as

"Squeaky' s " so that we could dance - We went to Aleisha ' s

. . mobile home to drop off her car, and then .went to

. Squeaky's lounge in Chip's car, a black Cadillac. g. We got to Squeaky's lounge at about 10:00 p.m. Throughout the next few hours we took turns dancing and

playing pool. We stayed at Squeaky's until closing time,

around 2:00 a.m. During the time between 10:00 p.m. and

2:00 a.m., I had about 4-6 mixed drinks and an equal number of beers - h. Aleisha Bryant and I took t.urns buying the rounds of

drinks. Frances Smith had no money, and Chip also

claimed to háve no money_

i. At about 2:00 a.m., "Squeaky" Williams, the owner of the lounge, told us we had to go. We all decided to

return to our trailer for some food. We bought a fifth

of bar whiskey and a six-pack of Coca Cola and then left. Aleisha drove, since Chip was too drunk_

j. When we got to the trailer, we all went inside and . Aleisha, Chip arid I sat in the living room, while Frances began cooking a spaghetti dinner. Chip and I continued

drinking·, now from the bottle of whiskey .we had brought

with us.

k. After a sho.rt while, it began getting stuffy inside

the small trailer. Chip and I went outside, played a

tape in his car stereo, and continued to drink. By this

3

.A-3 time, we were both drunk.

1. We d.ecided to play a joke on the girls. I went to get them while Chip hid. Frances was still cooking and didn't want to go outside, but Aleisha readily went with me. We went back into the pasture behind the trailer and

Chip jumped out, yelling- Both Chip and I thought thi·s was very funny and began laughing, but Aleisha became angry and started yelling at Chip. They began to argue, so I left them and went back to the trailer. m, After I got back to the trailer, I heard ·screams from the pasture_ I hurried back out towards the pasture, grabbing a tire iron from the car I had been working on as I went. n_ I tried to go towards the area where I heard the screams. As I came up towards the rear pasture fence, I could hear a thumping sound. o- I went directly towards the sound, and when I got closer I began making out the -shapes of Chip and Aleisha.

Aleisha was lying face-up on the ground with Chip on his knees straddled across her stomach. Chip had his. hands at her shoulder/neck area and was picking her upper body up and s.lamming it to the ground. p. I yelled at Chip to let her up. He turned towards me and told me to get the hell out of his business _ He continued to assault Aleisha, and as I got up to them, I struck Chip with the tire iron hard enough to force him

4 off Aleisha and to the ground on.the far side, q. Chip immediately jumped back up at me. I was only a couple feet- away and did not. have time to back up. As

he came up at me, I swung the tire iron at him. In fear, I continued swinging the tire iron wildly until he fell

at my feet.. I then dropped the tire iron to the ground-

r. After a short period of time, I looked back to Aleisha, who lay motionless cin the ground. Her clothes were disarrayed, and it seemed that she was unconscious.

I tried to carry her back towards the trailer, but she was too· heavy for me to carry, so I soon had to set her

back down. She stil-1 was motionless. I checked her

breathing and pulse, but could not detect either. I

tried to give her CPR, but nothing I did helped. I then

realized she was dead. s. After realizing that I could do nothing for her, I

went back to where I had left Chip _ Because it was dark and I had no light, it took úte several minutes to follow the fence down to where he lay.. Finally coming back up

on Chip, I looked down at him and saw his eyes staring open and a reflection of blood all around him. · I was

repulsed by the sight. I picked up the tire iron that

lay beside him where I had dropped· it, then I went back·

to the trailer. 6. Had I been allowed to, I could have and would have testified that in the tim.e I knew Aleisha Bryant and "Chip", there

5 A-5 was never even so much as a suggestion of bad feelings between the three of us. Throughout the evening we spent together, we Lalked, laughed, and joked together, At no time did I ever form an intent to cause harm to, or commit any criminal act against either Aleisha

Bryant or "Chip _ " 7. As I have always maintained since the day I was arrested on these charges, I did not kill Aleisha Bryant .and I never formulated a plan or intended to cause harm to, or commit a criminal act against FChip." Had I been allowed to testify, I would have told the jury this - 8. Had I been allowed to testify, I would have strongly denied the allegations made by the State's key witness, Frances

Smith. At no time did I ever tell Frances Smith that I had killed

Aleisha Bryant or " Chip. " Nor did I ever suggest to Frances Smith that robbery was a motive. I did not remove propierty from the deceased. Nor did I ever state to Frances Smith that I placed

Aleisha Bryant face down in a "pond. " (In fact, evidence was and is readily available to support my assertion that no pond ·even exists on that property.) I would have also testified that at n_o time did I ever threaten Frances Smith or force her to act against her will. My testimony would have also been that on the early morning of February 6, 1983, I accompanied Frances Smith to ' the Tampa Bay area in Chip's 1976 Cadillac -- with the rdutually agreed upon plan to- obtain a ride back to LaBelle after first abandoning

Chip's car at the side of the road. And that although we were delayed, on the morning of February 9, 1983, Frances was on her way

6 to abandon Chip's car, but was taken into custody by the

Hillsborough County Sheriff's Department.

9. On the witness stand, I would have given sworn testimony that at no time did I ever "lure" Aleisha and Chip to my residence

. with the intent to-commit any criminal act. I would have testified that at no time did I have any ill will against Aleisha or Chip and that throughout that evening and early morning, there were no

arguments between us. 10. I further would have testified to the amount of alcohol I had consumed both that night and early morning, as well as the days before then. Had I been allowed to, I would have readily

provided the same inforination. I later provided numerous expert

witnesses, who have since testified in my behalf before the United

States District Court in Fort Lauderdale, Florida, in August 1991.

11. As I had also consistently told my trial counsel, at no

time did I ever tell Preston Branch or Debra Hanzel that I had killed anyone. Although Preston Branch agreed that I did not, his fiance, Debra Hanzel, suggested in her testimony that I had done so. In addition, Debra Hanzel testified that during a telephone

conversation I admitted that the motive for the alleged murders was to take Chip's car, I never said any such thing and I wanted to

testify on my own behalf in order to rebut this strongly

incriminating false evidence.. · 12. Shortly after the State's case was concluded, the defense

rested, again without alloviing me to take the stand iú my own behalf. After the court's instructions to the jury, the jury was

7 allowed to retire to the jury room for deliberations. Within -e::s than two hours the jury returned the guilty verdicts.

13. After the jury finished, the court advised counsel that the sentencing phase would begin. If I had been allowed, I wou.ld have testified to an extensive history of physical and psycholocrical abuse in my home family environment; my onrn and my family's history of alcohol and drug abuse and dependency; the effect on me of the births of my two disabled children and divorce from my wife following her abduction and rape; the deepening of my own alcohol and drug abuse and dependency; my military experience, including injuries which led to my honorable discharge; my lack of any significant previous history of criminal coriduct (I had only one previous felony conviction for a "bad check", nothing else) ; and everything else I have experienced (including the assault and gang rape I myself survived) .

14. At the sentencing phase of my trial, after ·the State had argued for the finding of aggravating circumstances, I would have also testified that at no time did I ever form any intent to cause harm to either of the two victims; that at no time did I form any intent to steal or rob either of the victims; that at no time was I ever previously convicted of "escape" from a state prison., or at any time while in custödy; and that my only previous criminal conviction was one "bad check." Thus, at no time was I ever

"previously convicted" of a violent or capital crime. This testimony could have been substantiated through evidence and witnesses, had trial counsel discussed this available testimony

8 A-6 with me. 15. These are the facts that I have personal knowledge of and had I been allowed to testify as I made clear I wished to, I would have testified to these facts under oath before the jury. So, .I do now deálare the above to be true and correct.

FURTHER AFFIANT SAYETH NAUGHT-

. DART IC L LAMBRIX

Sworn to and subscribed before me by CARY MICHAEL LAMBRIX, personally known by me, this A J day of November, 1998.

N rp Public State of Florida at Large My Commission Expires:

tietarf B.gbyc 001 My Comm, eXPires Feb. 26, Comm. 140. CC 618204

9 APPENDIX H Edward N. WHley, M.D. 7869 Ninth Avenue South St. Petersburg, Florida 33707-2730 Valerie J. Ginn, R.N., B.S.N. Office: (727) 345-2907 Gail L. Cleckner, Librarian Fax: (727) 345-2276

26 May 20167

William M. Hennis, III, Litigation Director CCRC South One East Broward Boulevard - Suite 444 Ft. Lauderdale, Florida 33301

RE: Cary Michael Lambrix

Dear Mr. Hennis:

SCOPE OF REVIEW:

1. Edward F. Steinmetz, M.D., Electroencephalographic report, neurological evaluation on Cary Lambrix, with a letter to William Whitman, 20 September 1983.

2. Psychiatric Evaluation of Cary Michael Lambrix by William Whitman, M.D. done 2 September 1983, concluding he was competent to stand trial.

3. Transcript ofProceedings, State ofFlorida v. Lambrix, Case No. 83-12-CF-A-JRA, pages 8701-2; 9066-9081; Direct examination ofRandal B. McGruther regarding Plea Agreement with Frances Ottinger Smith, 19 c 20 July 2006.

4. Report ofAdministrative Confinement ofCary Lambrix, 7 October 1982.

5. Department of Corrections, Approval for Community Release and Furlough for Cary M. Lambrix, 28 September, 1 October, and 26 October 1982.

6. Affidavit ofDeborahHanzel, 23 December 2003, retracting her incriminating testimony at trial.

7. Letter by R. Thomas Corbin, Circuit Judge, to counsels ofrecord and Cary Michael Lambrix, 29 October 2003, contemplating a hearing to address a letter written by Deborah Hanzel to Judge Corbin, 23 October 2003.

8. Transcript ofProceedings before R. Thomas Corbin, Circuit Judge, in the matter: Florida v. Lambrix, 9 February 2004, pages 8127, 8142 - 8190.

9. Deposition ofRobert R. Jacobs, II, 14 June 1990 in Lambrix v. Duggar, Case No. 88- 12107-Civ-Zloch, pages 1 - 65.

Office Address: 6727 First Avenue South, Suite 204, St. Petersburg, Florida 33707-1341 William M. Hennis, III, Litigation Director RE: Cary Michael Lambrix Page 2

10. Arkady Katsnelson, M.D., Ph.D., consultation report on Dr. Schultz's autopsies of Aleisha Bryant and Clarence Moore, 16 May 2006.

11. FBI report on jail assault investigation of Cary Michael Lambrix, 5 November 1983, by a Deputy from Glades County Sheriff's office, an extensively redacted account on allegations of assault.

12. Florida Department ofLaw Enforcement 2008 documents in Attachment C, pages 000125 - 000317, reports of evidence examinations. Many are largely unreadable. I do not know the result of examination ofItem 2, a tire iron, reportedly the weapon used to kill Mr. Moore.

13. Affidavit ofKinley L Engvalson, Esquire, 13 December 2015.

14. Final Order on Evidentiary Hearings Denying Defendant's Motions for Rehearing and Postconviction ReliefwithDenial of Claim II, stating Deborah Hanzel did not recant her testimony and finding there was no sexual encounter between Mr. Daniels and Ms. Frances Smith (Ottinger).

15. Testimony ofFrances Larou Ottinger, also known as Frances Schwendeman and Frances Smith, pages 8713 - 8843.

16. Transcript ofProcedings, Robert Miles Daniels, pages 8701 - 2, 8855 - 8971, 19 - 20 July 2006 in the case Florida v. Lambrix, 83-12-CF-A-JRA.

17. Deposition ofKinley Engvalson, Esquire, 14 June 1990 in the case Lambrix v. Dugger, Case No. 88-12107-Civ-Zloch, pages 1 - 42.

18. Transcript ofProceedings, examination ofKinley Engvalson, Esquire, 19 - 20 July 2006, in the case Florida v. Lambrix, 83-12-CF-A-JRA, pages 272 - 325.

19. Transcript ofPresentation at Clemency Hearing, undated, perhaps 1987, pages 1 - 10, and attached Mr. Lambrix's statement of facts, pages 1 - 28.

20. Affidavit ofCary Michael Lambrix, 25 November 1998.

21. Court Proceedings, Partial Transcript ofHearing, pages 64 - 73.

22. Transcript of Proceedings, State ofFlorida v. Cary Michael Lambrix, pages 1 - 2; 83 - 116, 5 April 2004. WilliamM. Hennis, III, Litigation Director RE: Cary Michael Lambrix Page 3

23. Letter from E. J. Salcines, State Attorney to Honorable Walter C. Heinrich, Sheriffof Hillsborough County, 11 September 1984, re: Frances Ottinger Smith and signed by Mark A. Ober, Assistant State Attorney declining to file information with attached affidavit of Douglas L. Schwendeman dated 9 February 2015, alleging Frances Smith received monetary gifts from investigator, Bob Daniels.

24. Complaint Form FD-71, extensively redacted forms of9 January 1984 alleging Mr. Lambrix was assaulted by redacted name, and FBI report heavily redacted alleging Mr. Lambrix beat both Mr. Moore and Ms. Bryant to death with a tire iron. In the case ofMs. Bryant, this is contrary to all available evidence.

25. Materiality ofFDLE Lab Documents Disclosed in 2008 provided by William Hennis, Esquire, 10 March 2017.

26. Personal knowledge and experience with similar matters.

SUMMARY OF FACTS AND MY OPINIONS:

To the best ofmy knowledge from all ofthe above listed materials which I have reviewed and those previously examined by me prior to my letter to Stacie Brown on 28 June 2006; Mr. Lambrix made no admission against interest concerning the death ofAleisha D. Bryant. He alleged she was killed by Mr. Moore. As to the death of Clarence E. Moore, Jr., (a/k/a Lamberson) Mr. Lambrix claimed he killed him by striking him with a tire iron. He initially struck him to stop him from attacking Ms. Bryant. Subsequently, he struck him again to protect himselffrom attack by Mr. Moore.

Autopsy examinations by Robert B. Schultz, M.D. confirmed Mr. Moore died from head injuries, consistent with, but not diagnostic ofbeing struck with a tire iron. Dr. Schultz's autopsy of Ms. Bryant on the other hand failed to establish a cause ofdeath. He attributed her death to manual strangulation simply by reasonable speculation. No autopsy findings confirmed his supposition. Mechanical asphyxiation is also possible. Either cause could have been inflicted by Mr. Moore.

I do not proclaim to be an expert at interpretation ofphysical evidence which was processed by the Florida Department ofLaw Enforcement Laboratory. I do, however, observe that there was no reported evidence, ofwhich I am aware, that the tire iron examined was the implement which caused Mr. Moore's death. That was a reasonable inference, but it was not proven. William M. Hennis, III, Litigation Director RE: Cary Michael Lambrix Page 4

Clandestine interment ofboth Mr. Moore and Ms. Bryant suggested both were killed at approximately the same time and concealment was to avoid discovery ofhomicides.

Apart from his admission to interring both subjects, Mr. Lambrix denied culpability. He related he killed Mr. Moore in self-defense, and that Mr. Moore had killed Ms. Bryant. I am not qualified to pass judgment as to credibility ofhis account. To my knowledge, no medical evidence contradicts his statement ofthe facts.

The only two witnesses against Mr. Lambrix, Ms. Frances Smith (a/k/a Ottinger and Schwendeman) and Deborah Hanzel testified Mr. Lambrix had made selfincriminatory admissions. Both witnesses subsequently called into question their own credibility.

Ms. Hanzel volunteered she had lied to establish Mr. Lambrix's guilt due to encouragement and fear induced by Ms. Smith and Investigator, Robert Miles Daniels.

Ms. Smith stated she had a sexual relationship with Mr. Daniels. He denied it and a court had found the claim false. There was also an allegation by Mr. Schwendeman that Mr. Daniels had given money to Ms. Smith. It has been established it was agreed not to prosecute Ms. Smith for participation in any criminality associated to the deaths of Ms. Bryant and Mr. Moore, as an inducement to testify.

Mr. Daniels was in attendance at the autopsies ofboth Ms. Bryant and Mr. Moore. They were at Lee CountyMorgue at 11:30 and 14:00, 17 February 1983. There is no information what, ifany, influence Mr. Daniels had to shape Dr. Schultz's opinions. Dr. Schultz is now deceased. To my knowledge, he left no notes about events surrounding the autopsies he performed.

Very truly yours,

Edward N. Willey, M.D.

ENW/bjd No. 3248 Edward N. Willey, M.D. 7869 Ninth Avenue South St. Petersburg, Florida 33707-2730 Valerie J. Giun, R.N., B.S.N. Office: (727) 345-2907 Gail L. Cleckner, Librarian Fax: (727) 345-2276

Via Federal Express442

14 November 2005

Stacie Brown, Esquire 101 N.E. 3d Avenue - Suite 400 Fort Lauderdale, Florida 33301

RE: State of Florida v. Cary Michael Lambrix

Dear Ms. Brown:

Via Federal Express442,I am sending you copies of correspondence, work products in my file, and pictures I had of the discovery scene and the autopsies.

Very truly yours,

hJ )J

Edward N. Willey, M.D.

ENW/cly No. 3248

Enclosures

OfHee Address: 6727 First Avenue South, Suite 204, St. Petersburg, Florida 33707-1341 Edward N. WiHey, M.D, 7869 Ninth Avenue South St. Petersburg, Florida 33707-2730 Valerie J. Ginn, R.N., B.S.N. Gail L. Cleckner, Librarian Office: (727) 345-2907 Fax: (727) 345-2276

3 January 2001

Dan Hallenberg, Esquire The Capital Collateral Regional Counsel - South 101 Northeast Third Avenue - Suite 400 Fort Lauderdale, Florida 33301

RE: State of Florida v. Cary Michael Lambrix Dear Mr. Hallenberg:

I have read the Medical Examiner's report, notes from his file, his trial testimony, . deposition testimony, and articles you printed from the Internet.

The manner and cause of death ofAlesiha D. Bryant, a 19 year old white female, is the subject in question. Robert B. Schultz, M.D., whom I know casually from our overlap at the University of Michigan in the interval I was there, 1 July 1959 - 31 May 1963, assumes Ms. Bryant was the victim ofhomicide and probably manually strangled. The only abnormalities he found on - her decomposed body were laceration to her right ear and a deformity of her high school class ring on the index or middle fmger ofher right hand. There was na evidence either injury was inflicted when Ms. Bryant was alive in distinction to after her death. Dr. Schultz assumes Ms. Bryant was the victim of a homicide.

Dr. Schultz's supposition is reasonable, but only supposition. In myjudgment, he bases his opinion almost entirely on factors other than his own autopsy findings.

One can neither exclude nor diagnose any of many causes of death, homicidal, accidental, or natural. Since Ms. Bryant was buried in a clandestine manner in company with a homicide victim, it is likely she too was killed by someone unless there is another credible explanation.

Very truly yours,

Edward N. Willey, M.D.

ENW/bjd No. 3248

Enclosures

Office Address: 6727 First Avenue South, Suite 204, St. Petersburg, Florida 33707-1341 Edward N. Willey, M.D. D 7869 Ninth Avenue South St. Petersburg, Florida 33707-2730 Valerie J. Ginn, R.N., B.S.N. Gail L. CIeckner, Libh Office: (727) 345-2907 Fax: (727) 345-2276

30 January 2001

Dan Hallenberg, Esquire The Capital Collateral Regional Counsel - South 101 Northeast Third Avenue - Suite 400 Fort Lauderdale, Florida 33301

RE: State ofFlorida v. Cary Michael Lambrix

Dear Mr. Hallenberg:

I have received a copy of an article by Zumwalt in the Journal ofForensic Sciences which was the reference cited by Spitz and Fisher (misidentified as Spitz and Russell by Dr. Schultz). I enclose it, as well as the language in the most recent edition of Spitz and Fisher. Of 130 putrefied bodies studied, only four had alcohol concentration, attributable to putrefaction, exceeding 100 mg/dL as shown in Table 5. I agree this is evidence the deceased was likely intoxicated by potable alcohol.

Very truly yours,

Edward N. Willey, M.D.

ENW/bjd No. 3248

Enclosures

Office Address: 6727 First Avenne South, Suite 204, St. Petersburg, Florida 33707-1341 Edward N. WiHey, M.D. D 7869 Ninth Avenue South St. Petersburg, Florida 33707-2730 Valerie J. Ginn, RN., B.S.N. Omce: (727) 345-2907 Gau L Geher, mé Fax: (727) 345-2276

31 March 2004

Dan Hallenberg, Esquire Law Office ofthe Capital Collateral Regional Counsel - South 101 North East Third Avenue - Suite 400 Fort Lauderdale, Florida 33301

RE: State ofFlorida v. Cary Michael Lambrix

Dear Mr. Hallenberg:

RE: ALEISHA BRYANT

a. I do not know whyMs. Bryant died. Dr. Schultz indicated he assumed she was strangled because he did not find any evidence of a cause of death. I do not consider that adequate proof she was strangled.

b. I cannot say with certainty, but I expect a 19-year-old female who was being strangled would attempt to defend herself.

c. Fortunately, there is good information how long it takes to lose consciousness with occlusive neck compression. It may be as little, on the average, as 6.8 seconds. Obviously, it may be considerably more, depending on completeness of vascular and airway compromise.

d. It is difficult to know the utility of doing fingernail scrapings on Ms. Bryant in her state of decomposition and contamination. I do not know that doing so was the standard of care in such circumstances in 1983, nor now.

e. There is no indication Ms. Bryant was drowned. Dr. Schultz did not describe contamination by foreign substances in airways, nor were lungs filled with water. They were relatively light, 325 and 340 grams.

RE: LAWRENCE LAMBERSON

a. Dr. Schultz did address the fact there were no wounds of the hands or arms ofMr. Moore. I do not know this provides any substantial evidence Mr. Moore was an aggressor in distinction to a defending victim.

Omce Address: 6727 First Avenue South, Suite 204, St. Petersburg, Florida 33707-1341 Dan Hallenberg, Esquire RE: State ofFlorida v. Cary Michael Lambrix Page 2

b. By Dr. Schultz's description, the blows to Mr. Moore's head produced skull fractures and brain damage. All were located anteriorly. The only wound described on his back was a penetrating injury of chest below the left scapula. It went into the chest cavity, damaged the left lung, caused hemorrhage and collapse.

c. Both Mr. Moore and Ms. Bryant were substantially decomposed. Dr. Schultz did not describe any cutaneous injuries from scratching on either.

I no longer have Dr. Schultz's trial or deposition testimony transcripts. All I have is summaries I made. Ifyou wish, please frame any specific questions you need to have answered.

Very truly yours,

EdwardN. Willey, M.D.

ENW/cly No. 3248 Edward N. Willey, M.D. D 7869 Ninth Avenue South St. Petersburg, Florida 33707-2730 Valerie J. Ginn, R.N., B.S.N. Gail L. Cleckner, Librarian Office: (727) 345-2907 Fax: (727) 345-2276

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN IN AND FOR GLADES COUNTY, FLORIDA CRIMINAL ACTION.

STATE OF FLOR1DA,

Plaintiff, .

vs. CASE No. CF 83-12 CARY MICHAEL LAMBRIX,

Defendant.

SUMMARY OF TRIAL TESTIMONY: Robert B. Schultz, M.D.

p 2046 L 12- 16 The deceased had a laceration ofher right ear about 3 cm in length. A ring on her right hand had been badly distorted. It was bent and pinched her middle finger. (Sic, index finger in autopsy report.)

p 2047 L 2-3 He saw na other evidence oftrauma. (Emphasis mine.)

p 2050 L 6-7 These wounds were not lethal, but were painful wounds.·(sic)

p 2055 L 2-5 He knows ofno medical examiner who would not use all available data including information from the scene and the police investigation...(to determine the cause of death).

p 2055 L 14-16 Two bodies were recovered from shallow graves.

p 2072 L 24 The approximate state ofdecomposition in both bodies was similar.

p 2073 . L 1-3 That indicates...both had been dead approximately the same length oftime.

p 2073 L 14 He believes the female victim was strangled...

Office Addnss: 6727 First Avenne South, Suite 204, St. Petersburg, Florida 33707-1341 SUMMARY OF TRIAL TESTIMONY: Robert B. Schultz, M.D. RE: State ofFlorida v. Cary Michael Lambrix Page 2

P 2073 L 16 ...probably manually.

p 2076 L 15-17 Although she had signs ofphysical trauma, there were no features ...one could point to...and say that was the cause of death.

p 2076 L 17-18 He assumes within a reasonable medical certainty... (sic)

P 2077 L 1-6 ...his opinion is the victim died of an unnatural condition. There is little choice but to choose asphyxia. (sic) In his opinion among choices available, manual strangulation is the most likely cause of death. (sic)

p 2077 L 13 It is his opinion both individuals died at the hands of another. p 2087 L 18-19 The male victim had a bile alcohol level of 0.27 gm/%. p 2088 L 7-11 According to Spitz and Russell...(sic, should be Fisher, not Go Russell)...he was likely intoxicated. (sic) ENW/bjd No. 3248 27 December 2000 Edward N. Willey, M.D. 7869 Ninth Avenue South St. Petersburg, Florida 33707-2730 Valerie J. Ginn, R.N., B.S.N. Gail L. Cleckner, Librarian OMæ G27) 345-2907 Fax: (727) 345-2276

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN IN AND FOR GLADES COUNTY, FLORIDA CRIMINAL ACTION. STATE OF FLORIDA,

Plaintiff,

vs. CASE No. CF 83-12 CARY MICHAEL LAMBRIX,

Defendant.

DEPOSITION SUMMARY: Robert B. Schultz, M.D., 26 July 1983

p 4 L 10-12 There was a tear on the upper portion ofthe right ear ofthe deceased female.

p 4 L 14-16 He believes injury occurred in a conflict before she died.

p 5 L 9-10 A ring on her hand lacked symmetry. .

p 5 L 15-16 That was an injury prior to death. (sic)

p 27 L 20-24 It is possible the ear laceration occurred in the process ofburying after death. He can only infer on the basis oftrauma to the ring.... (sic)

p 30 L 10-14 He assumes it was manual strangulation rather than some other method since he found no other wounds to account for death,

p 30 L 17-21 The female victim was buried approximately the same time as a male victim who had been bludgeoned to death. There was some evidence of a struggle on her part. Natural causes would be unlikely in the extreme.

p 32 L 14 He doesn't know what kind ofmedical problems she may have had in the past.

Office Address: 6727 First Avenue South, Suite 204, St. Petersburg, Florida 33707-1341 DEPOSITION SUMMARY: Robert B. Schultz, M.D. RE: State ofFlorida v. Cary Michael Lambrix Page 2

P 32 L 18 If accurate, her bile alcohol was 0.05 gm/%.

P 38 L 6 Because ofdecomposition, he could not detect trauma in the genital area. Crd ENW/bjd No. 3248 27 December 2000 Edward N. Willey, M.D. 7869 Ninth Avenue South St. Petersburg, Florida 33707-2730 Valerie J. Ginn, R.N., B.S.N. Gail L. CIeckner, Librarian Mee 27) E2m Fax: (727) 345-2276

CURRICULUM VITAE

EDWARD NORBURN WILLEY: Born 14 June 1933, Ann Arbor, Michigan. TRAINING: Attended public schools and University High School, Ann Arbor, Michigan. University ofMichigan College ofLiterature, Science and Arts. Phi Beta Kappa, Phi Kappa Phi, Crapo C. Smith Scholar, James B. Angell Scholar, B.A. with High Distinction, 1954. University ofMichigan Medical School, M.D., 1958, StudentResearchFellow inPhysiology. Intern and teaching assistant, Duke University Medical Center, Department of Pathology, 1958-59. Resident andResearchAssociate,DepartmentofPathology,UniversityofMichigan. Postgraduate Medicine Lecturer for Kellogg Foundation. Trainee, National Institutes of Health. Recipient Rackham Fund and American Cancer Society Grants 1959-63. Numerous continuing medical education meetings.

CURRENT ACTIVITIES: Private practice offorensic medical and pathologic evaluation, 1965 to current. Department ofPathology, Palms ofPasadena Hospital, Active Staff 1967- 1985, Consulting Staff 1985-1997, Honorary Staff 1997 to current.

PREVIOUS ACTIVITIES: Active Staff, Pathologist, UniversityHospital, Baptist Hospital, Hope.Haven Hospital, The Beaches Hospital, Office ofthe Duval County Medical Examiner (all Jacksonville, Florida); Lake Seminole Hospital (Seminole, Florida); Seven Rivers Hospital (Crystal River, Florida); Palms of Pasadena Hospital (St. Petersburg, Florida). Director of Blood Bank, Palms of Pasadena Hospital. Lecturer, Jacksonville University. Lecturer, Florida Law Enforcement Academy (Tallahassee, Florida). Consultant, Federal Aviation Administration. ChiefofMedical Staff, Lake Seminole Hospital. Member Ethics Committee and Chairman of By-Laws, Utilization Review, Medical Practice and Accreditation, Pharmacy and Therapeutics, Disaster, Standards and. Credentials and Risk Management committees and Medical Hearing officer of Medical Staff, Palms of Pasadena Hospital. Vice President, Medical Affairs, Medfield Corporation. President, Surgical Equipment Corporation of Florida, Inc. Secretary, Board of Directors of Medfield Corporation, Palms ofPasadena Hospital, Inc., Cory Medical Enterprises, Inc. and Medcor, Inc. Assistant Editor, Journal of Florida Medical Association. Member, Health Facilities Planning Council. Member, Peer Review Committee, Pinellas County Medical Society. Lecturer, Hogg Foundation. Consultant on Medical StaffOrganization andRiskManagement. Guest Lecturer, University of Florida Law School and Stetson University Law School. Director and Secretary, South Pinellas Medical Malpractice and. Risk Management Trust. Contracted Expert, Florida Department of Professional Regulation. Member Grievance Committee, The Florida Bar.

Office Address: 6727 First Avenue South, Suite 204, St. Petersburg, Florida 33707-1341 CURRICULUM VITAE RE: EDWARD NORBURN WILLEY Page 2

SOCIETIES AND CERTIFICATIONS: Fellow, College of American Pathologists American Association for the Advancement ofScience; New York Academy ofScience; Life Member, American Medical Association; Roya1Society ofMedicine; American Academy of Forensic Sciences, Section ofBiology and Pathology; American Public Health Association- Diplomat, American Board of Pathology; Recipient of Continuing Education Awards: American Medical Association. Certified Florida Division of Worker's Compensation.

MEDICAL LICENSES: Michigan 23366 (Active), Florida 10854 (Active), Georgia 10089 (Inactive), and North Carolina 19002 (Inactive).

PERSONAL: Previously: Director, Jacksonville Hospitals Educational Program; President, Palms of Pasadena Federal Credit Union; President, Beach House of Pass-A-Grille Condominium Association, Inc. Current Member: University of Michigan Alumni Association, Yacht Club Estates Civic Association, and Saint Petersburg Yacht Club. SS#: Blue Shield.& Medicare No. 52607 UPIN#: F04304 NPI#: 1467511501 Email: [email protected]

ENW/vjg Revised: 25 January 2013 APPENDIX I IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR GLADES COUNTY, FLORIDA

CASE NO. 83-12 CF (File Kept in Lee County) STATE OF FLORIDA, . .

Plaintiff,

CARY MICHAEL LAMBRIX,

Defendant. x-

| ·

· NOTICE OF FILING dF AFFIDAVIT OF SALLY JOHNSON DELLER

The Defendant, Cary Michaél Lambrix, ilùough undersigned counsel, hereby gives notice. .

of the filing of the attached original "AFFIDAVIT OF SALLY JOHNSON DELLER", sworn and

subscribed to by Ms. Déller on February 24, 2004. The facts sworn to by Ms. Deller are relevant to

and directly support Mr. Lambrix's claim that no pond existed in the pasture where the deaths

occurred. CERTIFICATE OF SERVICE - -·

I HEREBY CERTIFY that. a true copy of the foregoing has been furnished by overnight

express.delivery.to: The Honorable Judge R. Thomas Corbin, Lee County Justice Center, 1700

Monroe Street, Fort Myers, FL 33901; darol M. Dittmar, Esq., Office ofthe Attorney General, 3507

East Frontage Road, Ste.200, Tampa, FL 33607-7013;Randall McGruther, Esq., Office ofthe State .

Attorney, P.O. Box 399, Fort-Myers, FL 33902-0399 oil this tli day of February, 2004.

DAND.HATIR Florida Bar No. 09 15 Assist. CCRC South 101 N.E. 3rd Ave.Suite 400 ,. . Fo.rt Lauderdale, FL 33301 - Tele. (954) 713-1284 - FAX (954) 713-1299 Counsel forMr. Lambrix Copies furnished to: .

The Honorable Judge R. Thomas Corbin . Lee County Justice Center 1700 Monroe Street Fort Myers, FL 33901

Carol M. Dittmar, Esq. Office of the Attorney General 3507 East Frontage Road, Ste. 200 Tampa, FL 33607-7013

. Randall McGnither, Esq. . Office of the State Attorney P.O. Box 399 . Fort Myers, FL 33902-0399

6?.4 2 D 1 STATE OF FLORIDA · ) ) ss. . COUNTY OF GÍsADES ) -<

AFFIDAVIT OF SALLY JOHNSON DELLER

I, Sally Deller haying been duly sworn 11ereby say:

1. - My name is Sally Deller, and I live just outside LaBelle, Florida. I have lived here permanently since 1979. I was married to Robert Johnson, aiid at that time we owned the property and trailer that Michael Lambrix and Francis Smith rented in the earlypart of 1983. I laiew Mr. Lambrix as "Milée Townsend

2. I botight this property iri 1974 and have lived here permanently since 1979. I have lived and worked this land for close to 30 years. I feil and cared for cattle kept in the pasture . for many years. Based upon mý knowledge ofand familiaritý with this property, I loow for a fact that there was never a pond anywhere on or within the pasture area to the rear of and adjacent to . . . . the trailer where Michael Lambrix and Frances Smith lived.

3. I was living here in 1983 and would have been willing and available to answer any questions as to the nature.of my property had I been askeil.

FURTHER AFFIANT SAYETH N UGHT.

SIÓ A O HNSON DELLER AND DATE

Sworn, or affirmed to and subscribed before me thir __day of 2004 by .Sally Deller who is personally known to me.

stacie R. Brown . SIG14ATURE AND ATE OF NOTARY AND SEAL - MYCOMMßS10H C075805 EXPIRES October 17, 2004 BONDED THRU TROY FAIN HSilRANCF. INC. APPENDIX J 'aser 385 Science Park Road, State College, PA 16803-2215 . 814-237-0309 fa:c B14-238-1339 T h e W o r I d ' s . W e a i h a r A u i h o r i i y442 . e-man: Ma@accvw×.com www.accoweatner.com

STEPHEN MARVILL WISTAR Certified Consulting Meteorologist

Professional Experience

AccuWeather, Inc. - Weather Forecaster, since October 1976; Senior Meteorologist, since 1983; Member ofHiring Cormnittee, 1983-1987; Senior Forensic Meteorologist, since June 1995.

Geophysical Institute, University ofAlaska, Fairbanks, Alaska - Satellite Research Meteorologist, 1975.

National Enviromnental Satellite Service, Camp Springs, Maryland - Satellite Research Metsorologist, 1974.

Pennsylvania State University- B.S. Meteorology, 1974.

Honors and Accomplishments

Awarded the nationally recognized Certified Consulting Meteorologist (CCM) designation by the American Meteorological Society.

. Admitted as Expert Witness in Meteorology in nurnerous trials in several states, at both the state and federal level.

Coordinator ofnurnerous past weather research projects.

Author ofhundreds ofreports documenting weather conditions at par1icular times and places in the past.

Specialist in weather conditions relating to roof failures, including snow loading and drifting factors.

Operational weather forecaster preparing forecasts daily for major markets in and abroad.

Regular1ive and taped broadcasts in major United States and overseas rnarkets. C Unofficial weather observer for Lemont, Pennsylvania with regular reports provided to local Emergency Managernent Agency.

Numerous weatherpresentations in educational settings.

Participant in the Future Meteorologists of Arnerica at the Fnu1klin Institute in Philadelphia, Pennsylvania. Stephen M. Wistar Certified Consultinglvleteorologist -2-

Professional Affiliations

American Meteorological Society

National Weatber Association

Publications

"Investigations of Strong ValleyWinds in Alaska Using Satellite Infrared Imagery", (Joint Author). Marvill and Jayaweera. Monthly Weather Review, Vol. 103, No. 12, December 1975, 1129-1136.

Courses and Conferences

17* International Lightning Detection Conference in Tucson, Arizona, October 2002.

Doppler and Polarimetric Weather Radar b1 Orlando, Florida, January 2002.

Meteorological Instrumentation and Observation Techniques in Albuquerque, New Mexico, January 2001.

Personal ITighlights

Earned Bachelor ofScience degree in Meteorology from the Pennsylvania State University, 1974.

Produced regular radio weather broadcasts in several eastern cities, including Philadelphia (KYW), Baltimore (WPEC) and Charlotte (WBT).

Participated in early research into the use ofsatellite images in weather analysis.

F4 385 Science Park Road. State College, PA 16803-2215 h e W o r I d ' s W e a t h e r A u t h o r i t y 442 e-rnail: [email protected] Foren Ics Ac u ea her corn

March 8, 2004 Ms. Stacie Brown Capital Co]]ateral Regional Counsel Southem Region 101 NE 3'd Ave., Ste. 400 Ft. Lauderdale, FL 33301

RE: . File Name: Lambrix Case Number: 834 AccuWeather File Number: 0304]9

Dear Ms. Brown:

Enclosed are copies ofthe January 1983 and February 1983 ofïicial weather summaries Prepared by the weather observer in LaBe])e, Florida. Please be advised that the dail observation time m LaBelle is 8:00 AM. Thus, all data·is for 24 hour periods ending at 8:00 AM on the observation data. For example, the data Jisted for January 2, 1983 actua]I desenbes the conditions that existed between 8:00 AM on the 1" and 8:00 AM on the 2"d.

Thank you for choosing AccuWeather as your source for weatËér i.nfonnation. We h e this mformat on is useful to you- Ifyou should have any questions or need a more de ailed o lease do not hesitate to contact us via emai} at [email protected] or phone at

Sincerely,

Edward R. Adams . ERA:arb Manager ofForensic Services

F-3 Bá 2003© AccuWeather, Inc. . PMnchce 1-

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file:///DVas cil/FL/FLO. tD s C9 ·...... 197L'-2000' Daily/Morithl"y Stati"on NörnGT1 û ProYided by Natié>nal Climatic Data Center/NESDIS/,NOAR

Stati.on COOP ID: 084662 Station Name, State, Division, Call; ., LA BELLE FL 05 Latitude, Longitude, El.evation, Elements: 26 45 06 -081 26 20 16 XNP N Minimum Temperature (deg F [tenths deg F for monthly] ] MONTH

500 515 554 582 641 693 710 7 20 - 712 65d 594 co 529

. Manntum Temperature Ideg F ltenths deg .F for month.lyj) NONTH 755 776 815 857 901. 920 930 925 908 867 S10 764

Average 7emperato.re (deg F [tehthe deg F for JnonthlyP} ucoo .DECNOVOECAPRJANOCTAUGMAYJULFEBJAN 4836205 4863025 4836025S ' 386302O5S 376302O0'5S 376320O46 376320O46 . 37630246 37360246 377320046 3773'O046 367303O4.6 36730O46 ·03673046 36730336 367}3036 3673036 3573036 25833036 25830436 25834036 2S83400'36042 2583O4036 2583O4036 2583O4036 2493O043D6 24930O436 343940O35 34935O05 .33495O005 33O0605 . 7.2D.0 &.. . . .

.. fHW/D|/aW i/FUELO8

... . 3.Pf 70 70 70 70 71 71 71 71 71 71 .71 71.72, 7.2 72 7,2..73 ]2 U .73 73 M 7,3 7.3 73 74.. 74..74. R J4 . MAr· 74 75· 75· 75 M 7'5·'72547'6 76"76 76 77 '77 77 77-77 77 7s '78' 7a''78'1s 7a Te! Y§ T9'"7s 79 vz'i'1ø' Y9 o JON 79 80 80 ,00 80 80 80 §0 80 80 80 .81 81, 81 81 $1 81 81 81,,81 81 81 81 81 81 $1..81 82 82 82 . JDL 82 82 82 82 82 82 82 82 82 82 82 82 82 82 82 82 82 82. B2 82 8.2 82 82 82 82 82 82 82 82 82 82 820 AUG 82 B2 82 82 82 82 82 83 83 83 83 83 83 83 83 83 82 82 82 82 B2 B2 82 82 82 82 82 82 82 82 82 823 SEP 82 82 82 82 82 82 82 82 82 82 82 82 81 81 8l 81 81 81 81 81 81 80 80 80 80 80 80 79 79 79 810 OCT 79 79 79 78 78 78 78 78 77 77 77 77 77 76 76 76 76 76 76 75 75 75 75 75 74 74 74 74 74 73 73 761 ' NOV 73 73 73 72 72 72 72 72 72 71 71 71 71 71 70 70 .70 70 70 69 69 69 6s 68 6B 68 68 68 67 67 702 N -. DEC 67 67 67 66 66 66 66 66 66 65 65 65 65 65 65 65 64 64 64 64 64 64 64 64 64 63 63 63 63 63 63 647 0 _____._-.,_..__..._-_...-...... ____...Heating Degree Days ...___.._...... _.._..__..____...______._.______..._.._..._____._.______..______,,.,_ to DAY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 26 27 28 29 30 11 MONT£1 177 103 MAR 3· 3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 52 APR 1 1 1 1 1 1 1 1 1 1. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1.0 0 JON O O O O O O O O O D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 il SEP O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NOV 0 0 0 0 0 0 0 0 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 22 98

Cooling Degree Days DAY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MONTH . ü 93 -r FEB 3 3 3 3 3. 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 90 MAR 4 4 4 4 4 4. 4 5 5 S S 5 5 S 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 157 218 LVAY 10 10 10 10 10 10 11 11 11 11 11 12 12 12 12 12 12 13 13 13 1.1 13 13 13 14 14 1.4 14 14 10 14 376 o: JUN 14 15 15 15 15 15 15 15 15 15 15 16 16 16 16 1·6 16 16 16 16 16 16 16 16 16 16 16 1·6 17 17 470 u- JUL 16 17 17 17 17 17 17 17 17 17 17 17 17 1.7 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 526 r .AUG 17 17 17 17 17 17 17 18 18 18 18 18 18 18 18 17 17 17 17 17 17 17 17 17 17 17 1.7 17 .17 17 17 535 D- SEP 17 17 17 17 17 17 17 17 17 17 17 17 16 16 16 16'16 16 16 16 16 15 15 15 15 15 15 1.4 14 14 480 to OCT 14 14 13 13 13 13 13 13 12 12 12 12 12 11 11 11 11 11 11 10 10 10 10 10 9 9 9 9 9 9 8 344 177 87 c0 _ _.._,_ ,_ .... _ .. _ ._..._ ...___ -_ -...... _ _ ...... __... _ _ -... _ ...... _., _.... _.._... _...... _ _ __....._.. _... -.. a_. _...... _,.._....__ ., ______m I o Total Precipitation (Rundreths of an Inch) N DAY 1 2 3. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MONTH

C r tor3 No..o AUGOCTDECNOV00LSEPJUNMAYMARApaJAN 251629242368796 2524291568796 25241525266896 2425152026868a79 2724251426698a97 2514.2725689879 2513262886BE79· 2413282625688e97 2925241226589e7 24122529589a7 2425123058e97 231125301058a7 2523112.5311058e7 2325113124la5887 2325103111241058e8 22103224251158ag 252.21·024321210587g 2210322425125878 213224261310598g7 2132232614105987g 262132231410589.g7 20322326155987g9 262032231658978. 2326193216. 796.978 .1931172326.9..76979. 31232618768.i89. 251823311978678..9 .2325183020867789. 24251730207'8678.9 292124251686.0.779 2425228689 - 2347693351718886573917782292892-31

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2r. O APPENDIX K FROM :RHT ENGINEERING FAX NO. :239 369 8900 Jun. 08 2006 03:46PM P1

EVELOPMENT ENGINEERING

RHTengineenng June 6, 2006

William M. ITennis it! Utigation Director Capital Coffateral Regional Counse!- South 101 NE 3rd Avenue Suite 400 Fort Lauderdale, FL 33301

SUBJECT: Hydrologic Evaluation of Property in Glades County Tax ID A26-42-28-A00402D-0010

Dear Mr. Hennis:

Th|s letter is to inform you of my findings ta date conceming the conditions that could have been expected on the above referenced próperty during the month of February 1983. The evaluation is based on the soils present on the site and the daily tainfall information provided by Accu Weather. -.

January and February of 1983 were above normal rainfall months. The rain station in LaBeÈe indicates that there was sufficient rainfall to saturate the ground ,during these months, which are normally dry_ The proximity of the site to Bee Branch, which sem95 as a drainage conduit for properties to the north would afsa have added to the water levels which could be expected on the site. Based on the rainfall data, it could easily be assumed that on the night of February 6, 1983, trie was at a near saturation level with the water table within 10 inches of the ground surface. Subs ue t rain events on the 75, 11' and 13' - 15- could easily have resulted in standing water across the site This wou d have been caused by the overflowing of Bee Branch onto the property. Additional rainfab events e remainder of February would have likely added to the stages on the site. The site was probably inundated for the remainder of the month.

I will perform additional analysis and evaluati90 upon your request . Sincerely

Richard H. Thornpson, P.E . . '~ -

E g, he' . PHONE: (13y) 369.89o0 _.. _. (239) 348900 APPENDIX L William T. Gaut, PhD 9063 Autumn Haze Drive Naples, FL 34109-1501 Telephone: (239) 593-8033 Facsimile: (239) 593-8033

E-Mail: [email protected] Web: http:#wwwaytgaut.com CURRICULUM VITAE

Professional Experience: (1968 to Current)

Current Criminal Justice Consultant/Expert Witness Working in the fields of Criminal Justice and Private/Proprietary Security.

Previous Birmingham Police Department; Birmingham, AL (1968-1992) Rank at Retirement: Captain of Detectives

Uniform Patrol Division

Police Academy Instructor (Sergeant) Assisted in the development and implementation of the Alabama Minimum Standards & Training Commission Curriculum, Policies and Procedures.

Detective Sergeant - Homicide Division Lead investigator for literally hundreds of major felony cases ofHomicide, Rape, Felony Assault, and Kidnapping.

Lieutenant - Commander Chief's Administrative Staff Supervised the Business aspect ofthe department including purchasing of daily supplies and equipment, Preparation, Implementation, Control ofthe annual budget, and Departmental Inspections. Responsibilities included licensing, inspection and supervision of all Public Service Entities and City Emergency Medical respondents.

Coordinated the Departmental Accreditation activities through the Commission on Accreditation for Law Enforcement Agencies (CALEA).

Captain - Precinct Commander (East & North Precincts) Supervised the daily activities of 90-120 officers per precinct.

Detective Captain (Detective Division Commander) Supervised the activities of 130-140 investigators. Jefferson County Alabama District Attorney=s Office (1992 - 1994) Administrator/Director : Special Services Division; Birmingham, AL Alabama State Police Officer

Designed and performed the initial public research project to determine the need for a new Financial Crimes Division, and wrote the organization's Daily Operations Procedures. Screened/hired the clerical and investigative staff. Administered the division's daily operations including Purchasing, Accounts Payable, Accounts Receivable, Payroll, Case/Trial Preparation, Case Filing System, Courtroom Litigation, Computer System Design and Marketing. The Financial Crimes Division specialized in the investigation, prosecution, and recovery ofworthless checks, fraud, embezzlement and related white-collar financial crimes.

Jefferson State Community College; Birmingham, AL (1997-1998-1999) Adjunct Professor

Teaching full courses on the following subjects:

Criminal Law Homicide Investigation Fundamentals of Criminal Investigation Fundamentals of Criminal Justice (Police Practices and Procedures)

Other Professional Experience:

Security Training Institute, Inc.; Birmingham, AL (1972-1990) Owner

CEO and majority stockholder ofthis multi-state, Subchapter-S corporation operating in the States ofAlabama, Georgia, and Louisiana. STI specialized in the training and certification ofprivate and proprietary security guards and security management. We trained for virtually every industry including but not limited to Apartment Complexes, Hotels, Manufacturing, Banking, Private Security, Retail Food Service, Retail Department Stores, Public Police Officers, Public Utilities, Shopping Malls, Public School Systems, and Major Universities. STI was the second largest security training organization in the United States.

RaDiUs/Jasper Motorsports, Inc.; Denver, NC (1994-1995-1996) General Manager/CEO

General Manager and CEO ofthis NASCAR Racing organization. Managed the daily operations of the corporation including Security and Risk Management, Personnel, Purchasing, and Marketing. Teaching Experience

Instructor/Professor at the Birmingham Police Academy and Jefferson State Community College in the fields of Homicide Investigation, Criminal Investigation, Police Management, Emergency Response, and Fundamentals of Law Enforcement; And lectured in the fields of Criminal Justice, Security Fundamentals and Business Management at the following Universities:

University of Alabama University ofAlabama-Birmingham Birmingham Southern College Auburn University Jefferson State Community College Samford University Education:

PhD Doctor ofPhilosophy in Criminal Justice Dissertation: Examining The Relationship Between Law Enforcement Accreditation and Citizen Complaints, Civil Lawsuits, andAdverse Civil Judgments Northeentral University

MA Public & Private Management (MPA/MBA) Birmingham Southern College

BS Criminal Justice University ofAlabama-Birmingham

AS Law Enforcement Jefferson State Community College Certifications & Memberships:

Certified (Level III) Forensic Medical Investigator Board Certified Forensic Examiner: Board Certification, Fellow Status: The American Board ofForensic Examiners Certified Forensic Consultant Certified Police Academy Instructor (former designation by the State of Alabama) Certified Driving Instructor (former designation by the State ofFlorida) Certified TASER® Operator Member National Sheriff's Association (NSA) Member American Society of Industrial Security (ASIS) Member American Academy ofForensic Sciences (AAFS) Member American College of Forensic Examiners (ACFEI) Member International Association of Chiefs ofPolice (IACP) Member American Correctional Association (ACA) MemberNational EmergencyNumber Association (NENA) Member International Association for Identification (IAI) William T. Gaut, PhD 9063 Autumn Haze Drive Naples, FL 34109-1501 Phone: 239-593-8033 E-Mail: wteautra2aol.com

Expert Qualifications

During the course ofmy law enforcement career, I have.investigated thousands offelony and misdemeanor offenses and charges ofpolice misconduct in the area ofPolice Practices & Procedures, and made constitutionally valid arrests. I have testified as an expert in the discipline ofpolice operational practices, pertaining to Use of Force, Investigative Procedures, Forensic Scene Reconstruction, Medical Investigation, and to the principles ofpolice practices in an Adult Local Jail Facility. Pertaining to Medical Investigation, I am certified as a Level III Forensic Medical Investigator. I am an active member ofthe International Association of Chiefs of Police (IACP), the National Sheriffs Association (NSA), and the American Correctional Association (ACA) among others. In approximately 60% of all cases, I have been retained by plaintiff attorneys, and in 40% of cases by defense attorneys.

My general police experience includes twenty-five (25) years as a sworn police officer with a major municipal police department, where I served in every capacity from Corrections & Uniformed Patrol Officer to Command-level Supervisor; and three (3) years as District Attorney's Director of Special Services as a sworn Alabama State Police Officer. My career began as a Corrections officer assigned to the Birmingham City Jail. Following graduation from the Police Academy, I served as a sworn uniformed patrol officer, first walking a beat, then graduating to bicycle patrol and finally to a regular "beat patrol" car. After four years, I was reassigned as a specialty instructor, then certified as a Master Instructor assigned to the Birmingham Police Academy. From that position, I was promoted first to Sergeant then to Detective Sergeant. As a Detective Sergeant and Homicide Specialist, I was the lead investigator in over 1,000 death investigations and over 3,000 major assault cases.

Following my promotion to Lieutenant, I was assigned as Commander ofthe Chief's Administrative Staff. In that capacity, I supervised the business aspect ofthe department including preparation, implementation, and control ofthe annual budget. My command included staffing forecasts, crime analysis, purchasing ofdaily supplies and equipment, and departmental inspections, including oversight ofthe Birmingham City Jail, which was the largest municipal jail in the state ofAlabama. I coordinated the departmental accreditation activities, both for the police department and the cityjail, through the Commission on Accreditation for Law Enforcement Agencies (CALEA). Further responsibilities included licensing, inspection and supervision of all Public Service Entities and City Emergency Medical respondents. My experience and qualifications as a medical investigator include certifications as a Level III Medical Investigator, and certification as a Forensics Examiner. In the latter, I am Board Certified as a Forensic Examiner, and hold Diplomat/Fellow status by the American Board of Forensic Examiners.

My command-level law enforcement experience includes that ofPatrol Precinct Commander, where I supervised the daily activities of 130 Uniformed Police Officers and mid-level supervisory Officers, and then Captain ofDetectives where I supervised the daily activities of 120-140 supervisors and investigators, in addition to the detective division civilian clerical staff.

In my capacity as an Alabama State Police Officer with the Jefferson County District Attorney's Office, I designed and performed the initial public research project to determine the need for a White-Collar Financial Crimes Unit, and wrote the organization's Daily Operations Procedures. I screened/hired the clerical and investigative staff. I directly supervised the division's daily operations including supervision of investigative staff, purchasing, accounts payable, accounts receivable, payroll, case/trial preparation, case-filing system, courtroom litigation, computer system design, and marketing.

During my career as a police officer, I was responsible for knowing and regularly applying the law in daily situations so as not to violate the constitutional rights of those I served. I did this by studying police procedures at a certified police academy, by taking Constitutional Law, Criminal Law, and multiple Criminal Justice courses in college; by studying applicable Criminal Codes, by reviewing lower court, appellate court, and Supreme Court decisions; by making constitutionally valid arrests; and by acceptance ofmy testimony as both a lead investigator and expert in criminal and civil court cases.

2 Since I retired as a sworn police officer, I have maintained my knowledge of constitutional principles through: > Annual continuing education; > Graduate coursework in pursuing my master and doctoral degrees; > My association with the Commission on Accreditation for Law Enforcement Agencies; > My membership and regular studies of International Association of Chiefs of Police (IACP) Training Keys and Model Policies; > My study of Correctional Standards promoted by the American Correctional Association and the Florida/South Carolina/Texas/Mississippi/Alabama/New Mexico/Wisconsin Jail Operational Standards; > My regular reading ofpeer reviewed articles written for the National Sheriffs Association (NSA); > My regular reading ofLexis-Nexis publications; > And through my work in reviewing and analyzing over 500 cases as a police practices expert in both State and Federal Courts in some thirty-eight (38) states.

My experience in the field ofprivate and proprietary security, for 18 years, included ownership and operations executive of Security Training Institute, Inc. Ownership and operation ofthis corporation, while an active police officer, was pre-approved by my ChiefofPolice and Mayor. This multi-state, subchapter-S corporate educational facility operated in the states of Alabama and Louisiana, with approval from each state's Department ofEducation, and certification by the US Department ofEducation. STI specialized in the training and certification ofprivate and proprietary security guards and security management. The certification course consisted of 315 classroom hours ofsecurity operations, and firearms training. We trained for virtually every aspect of the security industry including but not limited to Hotels, Bars, Nightclubs, Retail Food Service, Manufacturing, Banking, Private Security, Retail Department Stores, Public Police Officers, Public Utilities, Shopping Malls, Public School Systems, and Major Universities. STI graduates were hired by almost every public security contractor in the States ofAlabama, and Louisiana. At the time, STI was the second largest security training facility in the United States.

3 My education consists of an Associate Degree in Criminal Justice; a Bachelor's Degree in Criminal Justice; a Master's Degree in Public and Private Management (MPA/MBA), and a PhD Degree in Criminal Justice. I have completed specialty training from the Federal Bureau of Investigation, the Drug Enforcement Administration, the US Secret Service, the US Marshall's Service, the Internal Revenue Service, U.S. Alcohol-Tobacco & Firearms Division, the New York City Police Department, the Los Angeles Police Department, the Boston Police Department, and the Texas Department ofPublic Safety, sometimes called the Texas Ranger Police Academy.

My teaching experience includes that of Certified Police Academy Instructor, Certified Security Instructor, guest lecturer in the field of Criminal Justice at major universities, and Adjunct College Professor in the field of Criminal Justice. As an Adjunct College Professor, I taught full courses in Homicide Investigation, Criminal Law, Fundamentals of Investigation, and Fundamentals of Criminal Justice. As a certified Police Academy Instructor, I was qualified to teach the entire police curriculum including, but not limited to, patrol operations, use offorce, investigative services, self-defense, firearms, secondary less-than-lethal weapons, and basic/intermediate supervision.

My experience as a Police Academy Instructor includes (1) sitting on the original committee appointed by the Governor ofAlabama to formulate minimum standards oftraining for all Alabama police officers and (2) participating as a provider in the pilot project in the State of Louisiana to determine and provide the minimum training standards for private and proprietary security officers. During my entire law enforcement career, I regularly taught Homicide Investigation and Fundamentals of Supervision at the Birmingham Police Academy. The courses were taught to rookie police officers, to newly promoted detectives, and to newly promoted basic and intermediate supervisors at.the Sergeant and Lieutenant ranks.

My education and experience in forensic examinations includes extensive training in crime-scene evidence collection and analysis, field experience in forensic analysis, and college level coursework in evidence collection and analysis. I was originally certified as a Crime Scene Investigator (CSI) and have held that certification since 1971. I am currently an active member ofthe American Academy ofForensic Sciences and the American College ofForensic Examiners International. Both organizations require education and experience in forensic science for membership. By ACFEI proctored examination, I am a Certified Forensics Consultant and a Certified Level III Forensics Medical Investigator. ACFEI also requires continuing education in the field of forensics. I currently hold Board Certification Diplomat/Fellow status by the American Board of Forensic Examiners. My continuing education credits include multiple forensic and psychology courses at the doctoral level, taken within the past five years. ACFEI requires at least fifteen (15) hours of annual continuing education credits to maintain Board Certification/Diplomate status. My most recent 5-year average exceeds 78 hours ofcontinuing education per year.

In the field ofpsychology, I am qualified as a Criminal Profiler and have some 640 classroom hours offormal psychology education, (16 courses/48 semester hours). Most recently, in 2012, I was invited as a presenter before the American Psychological Association lecturing on the topic of "Police-Involved Domestic Violence: Cause and Effect." I have assisted, as a primary consultant, in the formation ofa Tribal Police Department. In 2013, I was contracted to write the Employee-Involved Domestic Violence policy for a major municipal police department in Hawaii. In 2014, I assisted in the writing of a revised Use-of-Force policy for a major Sheriff's Department in Florida.

William T. Gaut, PhD APPENDIX M IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR GLADES COUNTY, FLORIDA CRIMINAL ACTION STATE OF FLORIDA, :

Plaintiff, : vs. : CASE NO. CF83-12

CARY MICHAEL LAMBRIX, :

Defendant. :

SUPPLEMENTAL REPORT OF EXPERT WITNESS WILLIAM T. GAUT, PhD

Following are my supplemental findings and opinions in the above styled case. My opinions are based on the receipt of additional documents, identified as follows:

1. Cary Lambrix Electroencephalographic Report, 2. Hearing Transcript 7-19/20-2006, 3. Dr. William Whitman Report of Cary Michael Lambrix Competency, 4. DOC Administrative Confine Report, 5. Deborah Hanzel Affidavit, dated 12-23-2003, 6. Judge R. Thomas Corbin letter to Attorneys, Re: Deborah Hanzel letter, 7. Hearing Transcript 2-7-2004, 8. Robert R. Jacobs, II Deposition Transcript, 9. Dr. Arkady Katsnelson Report, dated May 16, 2006, 10. Dr. Robert H. Ouaou Neuropsychological Assessment of Cary Michael Lambrix, 11. Dr. Robert Schultz Deposition dated July 26, 1983, 12. Michael Lambrix Jail Complaint, dated December 14, 1983,

1 13. Kinley L Engvalson Affidavit, dated December 13, 2015, 14. Engvalson Deposition Attachment C, 15. Final Order on Evidentiary Hearings, November 9, 2007, 16. Frances Larou Ottinger Evidentiary Hearing Testimony, (Unknown Date), 17. Frances Ottinger Testimony April 5, 2004, 18. Robert Miles Daniels Testimony, July 19/20-2006, 19. Kinley Engvalson Deposition, dated June 14, 1990, 20. Hearing Transcript ofKinley Engvalson, dated July 19/20, 2006, 21. Michael Lambrix Parole Hearing?? Transcript (Unknown Date), 22. Cary Michael Lambrix Affidavit, dated November 25, 1998, 23. Cary Michael Lambrix Hearing Testimony, dated April 5, 2004, 24. State Attorney Letter )Decision not to prosecute Frances Ottinger Smith, 25. Dr. Frank D. Polanco Medical Examination ofMichael Lambrix, dated April 4, 2015.

In my testimony, I may refer to any of the facts, data, or standards included in documents or data referenced herein or attached hereto and documents or data received after this date. I may also use any of the documents, standards, or data referenced herein as exhibits in my testimony.

My understanding ofthe facts in this case, as stated in my original report, are summarized as,

On February 5, 1983, Cary Lambrix and his companion, Francis Smith, met Earl Lamberson, and his companion, Aleshia Bryant, in the Town Tavern Bar, located in Labelle, Florida. All four persons drank alcoholic beverages in different amounts. They left in cars belonging to Earl Lamberson and Aleshia Bryant enroute to Miss Bryant's residence where her car was left. All four, in Mr. Lamberson's vehicle, then went to another bar in LaBelle called Squeaky's, where they continuedto drink. All four eventually went to the residence ofCaryLambrix for a spaghetti dinner. On February 9, 1983, Francis Smith was arrested in possession ofMr. Lamberson's car on a charge of"Aiding an Escapee." Information confirms that Mr. Lambrix had been released from prison and had walked

2 away from a workrelease center as he neared the end ofhis sentence. Mr. Lambrix was not located at that time and Miss Smith was released from custody after posting bond. On February 14, 1983, following her arrest in Mr. Lamberson's stolen vehicle, Miss Smith went to the State Attorney's Office where she gave a statement alleging that Cary Lambrix had killed Mr. Lamberson and Miss Bryant on the night ofFebruary 4th, 1983. The following day, February 158¹, Miss Smith met State Investigators in Ft. Myers, Florida and, after giving a detailed statement, led investigators to the bodies of both victims. Arrest warrants were issued against Cary Lambrix, who was later arrested, tried, and convicted ofthe murders.

My original opinions were:

(1). F.D.L.E. Investigator, Connie Smith, failed to follow the generally accepted police procedures pertaining to witness interviews, in a case of this magnitude.

(2). Francis Smith was improperly induced to give evidence against Cary Lambrix.

(3). The "Consent to Search" signed by Robert Johnson was not a valid authorization to conduct a lawful search and seizure of evidence located in the residence and on the property of Cary Lambrix.

(4). A sexual relationship between an unindicted co-conspirator and one of the primary States Attorney's Investigators was improper conduct and violated generally accepted police investigative practices and procedures.

After review ofthe additional documents, my original opinions are unchanged. Based on the new information, the bases for my original opinions are supplemented as follows.

3 New information contained in the previously undisclosed documents raises questions about the chain of custody. Generally accepted police practices and laboratory protocol dictates that evidence be scrupulously documented. The purpose is to prevent even the appearance of contamination, and the assurance that evidence is maintained in the form in which it was originally found and collected. According to the FBI Trace Evidence Recovery Guidelines,l

7.L Trace evidence shall remain in secure, controlled-access areas, protected from loss, damage, or contamination. It must have a documented and continuous chain ofcustodyfrom the time ofevidence collection until the time the evidence is admitted into court or the case has been disposed and the evidence is no longer needed. [Emphasis Added]

7.2. The security and integrity ofevidence is the responsibility ofallpersons who may identify, collect, package, store, transport, or examine evidentiary items.

7.3. Procedures and techniquesfor the identification, storage, and retrieval of evidence in aforensic science laboratory are outlined in ASTMStandard Practice E 1492-92, StandardPracticefor Receiving, Documenting, Storing, and Retrieving Evidence in a Forensic Science Laboratory.

The evidence, contained on a telephone note dated 11/9 questions,

Re: 830231411 Whereabouts of#2 (Sub 003)?

The Sanford Crime Laboratory Intralaboratory Evidece Log notes,

6/22/83 Sub 03 -> boxed in separate containers (box 1 of2)

1 See Trace Evidence Recovery Guidelines; Scientific Working Group on Materials Analysis (SWGMAT) Evidence Committee.

4 The USMail receipt notes this item was sent to the "Office ofthe State Attorney" on July 27, 1983. However, the Laboratory Evidence Log indicates transfer occurred on 7/22/83. I found no Evidence Logs containing corresponding transfer dates, and by 11-9 the whereabouts of "Submission 03" were unknown.

I next turned attention to the packaging oftrace evidence. As noted in the record,

Several items were packaged incorrectlyfor lab analysis so I would have to repackage these items before I could turn them into the evidence section.

The evidence suggests that the FDLE officer who completed the repackaging process was most likely Laura Rousseau.

The evidence shows the items consisted ofthe following evidence:

One tire iron One coat hanger Two pieces of string One short sleeve size "S" brown T-shirt

The items were collected in wet condition and were placed into a plastic bag. That is a prohibited method of collection. Evidence collection protocol dictates that wet items should never be placed into plastic bags.

Clothing. Unnecessaryfolding orfolding across areas ofevidentiary interest should be avoided. Each article ofclothing ispackaged separately in a paper bag or cardboard box. Plastic bags should not be used. Wet clothes should be air- dried before packaging.²

5 FBI Trace Evidence Recovery Guidelines further state,

5.5.4. Clothing and other items that are wet must be air dried as soon as possible, without exposure to heat or sunlight, in a secured area in a manner that will prevent loss or contamination oftrace evidence. An arrangement to collect any trace evidence that mayfallfrom the item during drying should be used.

Further, packaging of wet items in plastic bags is prohibited due to possible deterioration of biological fluids, such as blood, due to the effects of condensation and lack ofoxygen.

Guidelines3 on evidence packaging include the following warnings:

Evidence Packaging: How NOT to package a wet bloodstain

Do NOT use anypackaging device that limits air exchange.

Biological samples will deteriorate ifit takes too longfor them to dry.

Put simply, a suspected bloodstain may deteriorate to the point of being undetectable if packaged improperly. I noted that "no blood" was found on the T-shirt allegedly belonging to Cary Lambrix and worn at the time ofthe homicide. We cannot know ifthere was never any blood on the shirt, ifthe blood was "washed away" by water, or whetherthe blood was deteriorated due to improper packaging in plastic rather than first dried and placed in a paper container.

Another note states,

Initialed andplaced back into white paper; No exam per Ruth Wilbarger because items were "swept."

2 See Fundamentals ofInvestigation: Chapter 7: Care ofEvidence @ page91 3 See California Department ofJustice Bureau ofForensic Services, Evidence Packaging: A How-To Guide.

6 I am unfamiliar with the term "swept", but I suspect she is referring to cross contamination or improperpackaging.

The fact that laboratory documents were withheld from the defense attorney eliminated, or greatly reduced, any argument ofchain-of-custody presentation to thejudge orjury.

Secondly, and perhaps more important, is the fact that at least five (5) articles ofevidence (identified above) were originally packaged together. That is an absolutely prohibited procedure, due to the extreme possibility of cross-contamination. FBI Trace Evidence Recovery protocol, following the American Society for Testing and Materials (ASTM) Evidence Standards, states,

4.3. Generalprinciples andpractices to avoid evidence contamination and loss, applicable to both laboratory and nonlaboratory settings, include thefollowing:

4.3.1. Contact between items andpersonnel before the appropriate trace evidence has been secured should be restricted.

4.3.2. Appropriate protective apparel, such as laboratory coats and disposable gloves, must be worn to prevent contaminationfrom the clothing ofthe examiner. The apparel must be changed as necessary to avoid contamination or transfer between evidentiary items, locations, andpersonnel.

4.3.3. Items being collectedfor trace evidence examination must be handled as little as possible to minimize loss ofthe trace evidence and to limit exposure ofthe items to contaminants.

4.3.4. Collect, package, and seal items individually in appropriate packaging. Keep items in a secure, sealedpackage until the item isprocessed in a controlled environment. [Emphasis Added]

The evidence shows that examination ofhair found in the 003 Evidence Submission was ordered stopped by the prosecuting attorney, and that this evidence was not disclosed to the jury once it

7 was determined that the hair did not belong to Mr. Lambrix or to either ofthe victims.

The purpose ofexamination is notjust to prove the hair did not belong to Mr. Lambrix or the victims but, more importantly, could the hair be identified as belonging to a possible perpetrator other than Mr. Lambrix? In this case, the hair, identified as "Blond or blandished in color, could have been subjected to DNA analysis and the results submitted to the FBI's Combined DNA Index System (CODIS) for possible identification of a specific person. Additionally, we cannot know ifthe hair belonged to Francis Smith, the state's chief witness, and an admitted participant in the murders of Earl Lamberson, and his companion, Aleshia Bryant. Without laboratory notes, which were not disclosed, the defense attorney could not argue the point of an alternate offender to the jury. To simply stop analysis of forensic trace evidence found with the alleged murder weapon is a violation ofinvestigative standards, based on the possibility of .

The previously undisclosed notes indicate that certain evidence recovered from the victim's stolen vehicle were returned to Ms. Smith. The evidence shows that Ms. Smith was alone in the victim's stolen car when arrested. It is inconceivable that evidence directly linking her to the victim's stolen car would be returned to her, especially in light ofthe fact that, although she was driving the victim's car and admitted participation in the murders, Ms. Smith was never charged with a crime. Her alleged involvement in a sexual relationship with the lead investigator during the course ofthe investigation is the only reasonable explanation.

The failure to disclose potentially exculpatory information is clearly a Brady violation. In my experience, this as a violation that is the responsibility ofthe prosecutor. However, it has long been a police practice to disclose any and all potential Brady material to . The evidence in this case clearly establishes the fact that prosecutors knew ofthe police officer's failure to properly collect, package and maintain the forensic evidence. That fact is confirmed by the evidence that it was a prosecutor who issued orders to discontinue laboratory testing, and the evidence showing that laboratory notes were apparently in prosecutors' possession long before the original trial. In Brady, the Supreme Court had held that, irrespective ofthe good faith or bad faith ofthe prosecution, suppression of material, exculpatory evidence required a new trial.

8 To summarize, had the undisclosed documents been produced, I could have educated the trier of fact about the forensic standards ofevidence collection, preservation, packaging, and maintenance; the inherent dangers ofviolations of those standards; and the potential adverse effect on an accused person. Those explanations were material and may have resulted in a different verdict or court ruling. As defined by the IACP,

híaterial evidence: Exculpatory evidence is "material" ifthere is a reasonable probability that disclosing it will change the outcome ofa criminalproceeding. A "reasonable probability" is aprobability sufficient to undermine confidence in the outcome ofthe trial or sentencing ofa criminal case.

Exculpatory evidence/Brady material: Brady violations are, by definition, violations ofan individual's 14th Amendment right to due process oflaw. Exculpatory evidence is evidence that isfavorable to the accused; is material to the guilt, innocence, orpunishment ofthe accused; and that may impact the credibility ofa government witness, including a police officer. Impeachment material is included in the requirements.

Duty to disclose: The affirmative constitutional duty ofthe police to notify the prosecutor ofany Brady material.

This concludes my supplemental findings and opinions in this case based on examination of documents to this date. I respectfully reserve the right to modify or add to my opinion based on the receipt and examination of additional information.

March 28, 2017 William T. Gaut Date

9 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR GLADES COUNTY, FLORIDA CRIMINAL ACTION

STATE OF FLORIDA, :

Plaintiff, :

vs. : CASE NO. CF83-12

. CARYMICHAEL LAMBRIX, Defendant. : C oO REPORT OF EXPERT WITNESS

Following are my initial findings and opinions in the above styled case. My opinions are based, among other things, on my review of documents listed below and made a part ofthis report. Additionally, the following listed sources were also used as a basis for my opinions. Those publications or documents listed below which are too voluminous or costly to include herein are identified and their sources provided.

(1) Certain Florida Statutes. (2) Standards for LawEnforcement Agencies, 2004. Commission on Accreditation for Law Enforcement Agencies 10306 Eaton Place, Suite 320; Fairfax, VA 22030-2201; 703-352-4225 (3) My personal and professional experience as a command level supervisor for a public Law Enforcement Agency. (4) My education in the field ofLaw Enforcement and Criminal Justice. (5) My teaching experience and education in the discipline of Criminal Justice. (6) Fundamentals of Criminal Justice: by Steven E. Barkan, Allyn & Bacon Pub. 2003 (7) Criminal Law Principles and Cases: by Thomas J Gardner & Terry Anderson, West Pub. 1998. (8) Criminal Investigation: by Swanson/Chamelin/Territo; 1997. (9) Constitutional Law: by John C. Klotter, Jacqueline R. Kanovitz, & Michael L Kanovitz, Anderson Publishing 2002. (10) Black's Law Dictionary: by Bryan A. Garner (Editor In Chief), West Group Publisher 1999 (11) Direct Appeal Opinion, September 25, 1986.

1 (12) Opinion, Eleventh Circuit Court ofAppeals, January 3, 1996. (13) Investigative Activity Reports. (14) Activity Report and Notes, Carla Mitar. (15) Carla Mitar: Deposition. (16) Carla Mitar: Trial Testimony. (17) Miles R. Daniels- Deposition. (18) Miles R. Daniels: Trial Testimony. (19) Miles R. Daniels: Trial Testimony. (20) Connie Smith: Testimony, second Trial. (21) Edward Gunther: Deposition. (22) Laura Rousseau: Deposition. (23) Ruth Wilbarger: Deposition. (24) F.D.L.E. Investigative Reports. (25) Ron Council: Trial Testimony. (26) Ron Council: Trial Testimony. (27) Ralph Allen Green: Deposition. (28) Tommy E. Herne: Deposition. (29) TommyE. Herne: Trial Testimony. (30) James Otis Drake: Deposition. (31) James Otis Drake: Trial Testimony. (32) Robert E. Kelly, Jr.: Deposition. (33) Medical Examinefs Report and Notes re: Aleshia Bryant. (34) Medical Examiner's Report and Notes re: Clarence Moore. (35) Medical Examiner's Report and Notes re: Bryant/Moore. (36) Samuel Johnson: Deposition. (37) Samuel Johnson: Trial Testimony. (38) Dee Hawks: Deposition. (39) Robert Schultz, M.D.: Deposition. (40) Robert Schultz, M.D.: Excerpt ofTestimony. (41) Robert Schultz, M.D.: Testimony (42) Crime Scene Photographs. (43) Cary Michael Lambrix: Background Materials and Supplemental Information. (44) CASE REPORT: by State Attorney Office InvestigatorMike Ojanovac case 833-502. (45) CASE REPORT: by State Attorney Office Investigator Carla Mitar case 83-502. (46) Deposition of Connie Smith, June 20, 1983. (47) Police Reports from Hillsborough County Sheriff's Office pertaining to the arrest of Frances Smith. (48) Statement ofDeputy Steve Launkitis. (49) Deposition ofDeputy Steve Launkitis, June 20, 1983. (50) Deposition ofDetective Kenneth N. Mizell, June 20, 1983. (51) Polygraph Report ofFrancis O. Smith, taken February 15, 1983. (52) Booking Report for Frances O. Smith, February 9, 1983. .

2 (53) Notes pertaining to Lawrence Lamberson, February 17, 1983. (54) Florida Department ofLawEnforcement evidence. (55) Arrest Record ofCary Michael Lambrix, March 2, 1983. (56) Orlando Police Department Incident Report, March 2, 1983. (57) State Attorney Twentieth Judicial Circuit Property Receipts. (58) Consent to search signed by Bob Johnson, February 16, 1983. (59) Handwrittennotes on scene excavation, February 16, 1983. (60) Case Report ofState Attorney Office Investigator M. Daniels. (61) Affidavit ofMiles R. Daniels, February 18, 1983. (62) Miscellaneous Glade County Sheriff's Office reports. (63) Hillsborough County Jail Records for Frances O. Smith. (64) Statement ofFrances O. Smith to Connie Smith and Bob Daniels, February 15, 1983. (65) Telephone call from Frances Smith to Cary Lambrix, March 3, 1983. (66) Telephone call from Connie Smith to Frances Smith, March 17, 1983. (67) Deposition ofFrances Smith, June 20, 1983. (68) 1" Trial Testimony ofFrances Smith. (69) 2"d Trial Testimony ofFrances Smith. (70) Deposition ofFrances Smith Schwendeman, June 14, 1990. (71) Deposition ofFrances Smith Ottinger, March 25, 2004. (72) Transcript ofproceeding April 5, 2004. (73) Deputy Launkitis' report on the arrest ofFrances Smith. (74) DeputyLaunkitis' property receipt and vehicle inventory reports. (75) Detective K.N. Mizell's Supplemental Report February 22, 1983. (76) Florida Crhne Information Center (FCIC) logs & Police teletypes. (77) FDLE Investigator, Connie Smith, supplemental reports: 2-17-83 and 3.- 14-83 to 3-24-83 and 4-7-83 to 4-8-83. (78) Affidavit ofDouglas Schwendeman. (79) Practical Homicide Investigation by Vernon J. Geberth, Third Edition 1996, CRC Press. (80) Police Organization and Management by V. A. Leonard and Harry More, Third Edition 1971, The Foundation Press, Inc. (81) International Association of Chiefs ofPolice "Law Enforcement Code of Ethics," 2006.

In my testimony, I may refer to any ofthe facts, data, or standards included in documents or data referenced herein or attached hereto and documents or data received after this date. I may also use any ofthe documents, standards, or data referenced herein as exhibits in my testimony.

A copy ofmy current resume is attached (attachment #1) for the purpose ofdetermining my qualifications to speak to this matter. I have testified as an expert in these disciplines. A list of those cases in which I have given testimony as an expert at trial or by deposition for the preceding four (4) years is attached (attachment #2) and made a part ofthis report. My compensation as an expert in this matter is as follows:

3 1. $150.00 per hourfor all time expended with respect to review ofthis case and, 2. $200.00 per hour for all time expended in deposition or testimony and, 3. $50.00 per hour for all port to port travel time and, 4. Reimbursement for all out ofpocket expenses incurred for travel and/or lodging.

My understanding ofthe facts in this case, are summarized as follows:

OnFebruary 5, 1983, CaryLambrix andhis companion, Francis Smith, met Earl Lamberson, and his companion, Aleshia Bryant, in the Town Tavern Bar, located in Labelle, Florida. All four persons drank alcoholic beverages in different amounts. They lef1 in cars belonging to Earl Lamberson and Aleshia Bryant enroute to Miss Bryant's residence where her car was left. All four, in Mr. Lamberson's vehicle, thenwentto another bar in LaBelle called Squeaky's, wheretheycontinuedto drink. All four eventuallywentto the residence ofCaryLambrix for aspaghetti dinner. OnFebruary 9, 1983, Francis Smith was arrested in possession ofMr. Lamberson's car on a charge of"Aiding an Escapee." Information confirms that Mr. Lambrix had been released from prison and had walked awayfrom a work release center as he neared the end ofhis sentence. Mr. Lambrix was not located at that time and Miss Smith was released from custody after posting bond. On February 14, 1983, following her arrest in Mr. Lamberson's stolen vehicle, Miss Smith went to the State Attorney's Office where she gave astatement alleging that Cary Lambrix had killed Mr. Lamberson and Miss Bryant on the night ofFebruary 4th, 1983. The following day, February 15*, Miss Smith met State Investigators in Ft. Myers, Florida and, after giving a detailed statement, led investigators to the bodies ofboth victims. Arrest warrants were issued against Cary Lambrix, who was later arrested, tried, and convicted ofthe murders.

Following are my opinions in the above styled case:

(1). F.D.L.E. Investigator, Connie Smith, failed to follow the generally accepted police procedures pertaining to witness interviews, in a case of this magnitude.

(2). Francis Smith was improperly induced to give evidence against Cary Lambrix.

(3). The "Consent to Search" signed by Robert Johnson was not a valid authorization to conduct a lawful search and seizure of evidence located in the residence and on the property ofCary Lambrix.

(4). A sexual relationship between an unindicted co-conspirator and one ofthe primary States Attorney's Investigators was improper conduct and violated generally accepted police investigative practices and procedures.

The bases for my opinions are as follows:

Through her statements and official reports, FDLE Investigator, Connie Smith, acknowledged that she knew Francis Smith was about to provide information concerning a double homicide.

4 With that advance knowledge, the generally accepted police practice is to tape the statement using a video or audio recorder. The recording procedure protects the integrity ofthe investigator as well as preserving the record ofinformation received. Investigator Smith violated that procedure when she intentionally decided to take general notes rather than to record the statement.

With the promise that she would not be charged with the crime, there is evidence that Miss Smith was induced to provide incriminating evidence against Cary Lambrix. When asked, "...if [Francis] Smith was made any promises or assurances that she would not be prosecuted if she gave information," States Attorney Investigator, Carla Mitar, stated, "To be honest, I would have to say that I was under the assumption that she was not going to be charged." In further testimony, Investigator Mitar stated, "I might have said something to her also that she wasn't going to be charged." Although Investigator Mitar says that her statement to Miss Smith was not intended as an inducement, there can be no other reasonable conclusion.

State's Attorney Investigator, Bob Daniels, acknowledges in his deposition and trial testimony that he told Miss Smith's brother, Jim Ottinger, that Miss Smith "would not be charged under .any circumstances." At that stage ofthe investigation it was not possible to make such a guarantee of absolute immunity. To do so shows an improper investigative bias in favor of Frances Smith and to the detriment ofCary Lambrix. This statement was made during the course ofthe investigation and prior to her leading investigators to the bodies ofEarl Lamberson and Aleshia Bryant. It is noted that Mr. Ottinger accompanied investigators and Miss Smith to the crime scene, making it reasonable to conclude that her brother gave the information to Miss Smith.

The probability of inducement is corroborated by the fact that Miss Smith was never prosecuted for her part in the murders ofEarl Lamberson and Alesbia Bryant. Further, I see no evidence that Miss Smith was prosecuted for her original crime of"Aiding and Abetting an Escapee" even though she admitted knowing that her actions constituted a crime under Florida Statutes. Prior to the discovery ofthe bodies ofEarl Lamberson and Aleshia Bryant, the facts are undisputed that:

1. Miss Smith claimed that she participated in inviting Earl Lamberson and Aleshia Bryant to her residence the night they were killed.

2. Miss Smith claimed that she was aware ofthe deaths within minutes after the occurrence.

3. Miss Smith claimed that she participated in concealing the bodies after the homicide.

4. Miss Smith claimed that she knew the location ofimplements used in the crimes.

5. Miss Smith claimed that she participated in the theft ofMr. Lamberson's car and was, in fact, found in possession ofthat car. 6. Miss Smith was arrested alone in Mr. Lamberson's car on February 9, 1983, some four (4) days afterthe alleged homicide, indicating that Miss Smith was a willing participant ofher own free will.

The next phase ofmy examination involves the relationship that developed between State's Investigator, Bob Daniels, and Frances Smith. It is highly improper and unethical for a police investigator to participate in any intimate relationship with a witness, victim, or defendant in an - ongoing criminal case. Any such involvement invariablyleads to impropriety on the part ofthe investigator including, but not limited to, becoming an improper advocate, investigative bias, and manipulation ofevidence.

In this case, Miss Frances Smith admitted, during her April 5, 2004 deposition testimony, that she had a sexual affair with State's Attorney Investigator, Bob Daniels. Although Miss Smith claims that no promises were made and no inducements given, testimony from at least two active investigators, including Investigator Daniels, show that there was no intent to prosecute Miss Smith, and the information was given to Miss Smith during the course ofthe investigation and prior to the bodies ofEarl Lamberson and AleshiaBryant being found. A promise or inference that there will be no charges or prosecution for an admitted crime is clearly an inducement. In regards to her testimony denying that any promises or inducements were made, I noted that Mr. Douglas Schwendeman, in a sworn affidavit, stated, "Frances told me that the State Attorney told her exactly what to say when she testified against Mr. Lambrix." Mr. Schwendeman was Miss Smith's ex-husband and notjust a casual acquaintance. As such, Miss Smith would be less likely to exaggerate or misstate the truth.

Mr. Schwendeman also confirmed that Frances Smith admitted to having a.sexual affair with State's Investigator, Bob Daniels, and that the affair "took place during the investigation (emphasis added) and trial ofthe State's case against Cary Michael Lambrix" and that "She would brag about it."

I examined statements made by Frances Smith and found several discrepancies, which should have been the subject of further investigation. The first was a conflict about the date of occurrence ofthe homicides. On February 14, in her statement to FDLE Investigator, Connie Smith, Frances Smith stated that the homicides occurred on February 4*. In her February 15* statement, Miss Smith stated that the date of occurrence was "Thursday, the 3"'." She was very specific in her recollection ofboth the date and the day ofthe week as she went on to describe her actions on the following "Friday," "Saturday," "Sunday through Tuesday," and the day ofher eventual arrest. In her June 20* statement, Smith states that the date ofthe homicides was "Friday Night" the 4* ofFebruary. During her first trial testimony, Miss Smith stated that the homicides occurred "Saturday" night the "S*." Such inconsistency is a noticeable sign of deception. I noted that there was no forther investigation to resolve the ongoing conflicts.

Miss Smith originally stated that the "flashlight" came "from the trailer" on the night ofthe homicides. Later, she would claim that she and Mr. Lambrix had bought the flashlight at a convenience store. There appeared to be no follow-up investigation to confirm or deny Miss Smith's allegation.

6 I noted that the autopsy examination reported that the injuries to Mr. Lamberson were on the front ofthe skull, indicative ofa frontal confrontation. Taking the heights and weights ofMr. Lambrix and Mr. Lamberson into consideration, and the results ofthe autopsy, it is probable that Mr. Lambrix would not have intentionally initiated a frontal attack against someone ofMr. Lamberson's superior size and weight. From the evidence, I see no indication of any investigation into that possibility.

The purpose in mentioning the above discrepancies is not to point out conflicts in testimony, but to point to the fact that there was no further investigation conducted around these obvious conflicts in information. When such deficiencies are found, it is generally indicative ofan - inferior investigation or a biased investigation. In this case, based on the improper relationship between Investigator Daniels and Frances Smith, it appears to be the latter.

Further evidence ofbias is found in the polygraph report that Frances Smith "passed the test." The evidence indicates Miss Smith passed, but with "qualifications" noted. The polygraphist, Lee County Sheriff's Department Lieutenant Dirk Elver stated on the report, "This opinion must be qualified in that Mrs. Smith was interviewed by law enforcement officials for several hours just prior to the polygraph examination. In the polygraph recordings there were some significant emotional disturbances which are usually indications of deception, [emphasis added] when Mrs. Smith answered question #2 and #4 above." The questions, where answers were noted as "usually indications ofdeception," were:

(#2) QUESTION: Did you really see Alicia and Earl's dead·bodies? ANSWER: Yes

(#4) QUESTION: Did you take any part in the killing ofAlicia and Earl? ANSWER: No

Based on the polygraphist's disclaimer, it appears that Miss Smith was being deceptive in her answers, and that she was giving false information against Cary Lambrix. The answerto the second question indicates that she participated in the murders and was notjust an innocent witness to the event. Of course, the evidence shows that there was no additional investigation into that possibility.

A promise or implication ofno prosecution would be improper inducement on the part ofpolice investigators, especially when there was the possibility that Miss Smith had committed the criminal act. I have seen no evidence that Miss Smith's involvement was further investigated. It appears that her information was taken at face value and used extensively to produce incriminating evidence against Cary Lambrix. In fact, virtually all ofthe evidence against Cary Lambrix came from Frances Smith including physical evidence, motive, and all evidence required to elevate the incident to a capital offense. All conflicting evidence, or evidence ofMiss Smith's involvement as a defendant or as an active participant was ignored or viewed as exculpatory. Had a thorough and unbiased investigation been conducted, there is a reasonable probability that this crime would have fallen into the category of2°° Degree Murder or even

7 Manslaughter.

Based on multiple police reports, deposition testimony from several F.DL.E. Investigators, testimony from Francis Smith, and a statement from Bob Johnson, the evidence clearly shows that Cary Lambrix was renting the property, where this homicide occurred. Prior to Miss Smith's statement, police found a "Rent Receipt" signed by Robert Johnson and made out to Cary Lambrix for rental ofthe property. That receipt corroboratesthat the property was in the care, custody and control ofCary Lambrix at the time police executed a search and seizure. In her statement to Investigator Daniels, she is "led" into positively answering a question that she has "abandoned" the property to be searched thereby allowing Mr. Johnson, the property owner, to sign a Consent to Search the residence and property ofCary Lambrix. Investigator Daniels clearly understood that Miss Smith had no standing to "abandon" the property. By inserting the question in such a manner, Investigator Daniels effectively manipulated the circumstances thereby allowing alleged incriminating evidence to be produced against Mr. Lambrix.

A Glades County Deputy Sheriff acknowledges that he "went inside" the Lambrix residence and "looked around" prior to the arrival ofState Investigators or Bob Johnson. His entry and "look around" into the Lambrix residence without either a lawful consent or a search warrant constitutes an unlawful search and seizure. Police investigators, including the State's Attorney Investigator, Bob Daniels, ignored this fact. Again, it appears that Investigator Daniels manipulated evidence against Cary Lambrix.

As in any case, it is possible that a lead investigator simply makes mistakes during the course of a homicide investigation. Considering the totality of circumstances, it appears that Frances Smith produced virtually everypiece ofevidence against Cary Lambrix. Every investigative mistake or omission produced or enhanced evidence that was most detrimental to Cary Lambrix and most beneficial to Frances Smith. That is more than mere coincidence. That is evidence of investigative manipulation.

This concludes my findings and opinions in this case based on examination of documents to this date. I respectfullyreserve the right to modify or add to my opinion based on the receipt and examination ofadditional information.

42<. S /d 0 0 6 William T. Gaut Date

8 APPENDIX N STATE OF FLORIDA ) ) ss. COUN¾J OF POLK )

AFFIDAVIT OF MARYLAMBRIX

Before me this day personally appeared Mary Lambrix. Who being duly swom, deposes and says:

1. My name is Mary Lambrix and I am the sister of Cary Michael Lambrix. I live in Polk County Florida.

2. During the time when the police were looking for Cary after what happened in

Labelle, they came to my house to ask ifI had seen him. They carne back late at

night. they woke my children up. The Police would question my friends as they

left my house. They kept thinking that Cary was staying here. I told them I did not

know where he was. This continued for quite some time.

3. I was pregnant at the time all ofthis happened. I was so worried and sick about

the police coming to my house that I eventually lost the baby.

4. I did go to visit Cary after he was arrested, while he was in jail in Moorehaven.

He was in a tiny cell and we had to talk through the bars. The whole time I was

there a guard was standing around watching. I never was able to see or talk to Cary by myself.

5---It-i-s-har+fer-me-to-remember-a4et-e-f-deta-i-1sdt-was-s-ueh-astes-fu-1-time4hat--I-get

sick to my stomach just thinking about it. I know that I was truthful with the

police when they asked me about Cary. I did not know where he was. Cary never t 2

asked me to lie to anyone. I did not ever lie about Cary to anyone. p. 6. Growing up Cary and I were very close, he was always the kind ofperson to help

.pt}hers.

FURTHER AFFIANT SAYETH NAUGHT.

SIGNATURE OF MARY ELIZABETH LAMBRIX Sworn to and Subscribed to before me this y of , 2006 by Mary Elizabeth Lambrix, whoefpersonally kriown)o me or has shown me tl efollowing identification:

NOTARY PUBLIÓ, STÁ E OF FLORIDA

My Commission Expires: .i¿) f C

L 2