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A Review of 23 Case Histories of Inmates Released from Florida's

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A Review of 23 Case Histories of Inmates Released from Florida's TRULY INNOCENT? A Review of 23 Case Histories of Inmates Released from Florida‘s Death Row Since 1973 Commission on Capital Cases The Florida Legislature Roger R. Maas, Executive Director May 13, 2011 Table of Contents Page # Commission on Capital Cases – Commission Members & Staff 3-5 Commission on Capital Cases – Commission History 6 Project Introduction 7-8 Project Statistics 9 Case Histories – Quick Reference Chart 10-12 Glossary of Legal Terms 13 Case Histories Page # John Ballard 14-16 Anthony Brown 17-20 Joseph Brown 21-27 Willie Brown & Larry Troy 28-30 Robert Cox 31-36 Andrew Golden 37-40 Joseph Green 41-44 Robert Hayes 45-48 Rudolph Holton 49-54 Anibal Jaramillo 55-58 Dave Keaton 59-68 Herman Lindsey 69-73 Joaquin Martinez 74-77 Juan Melendez 78-83 Anthony Peek 84-88 Freddie Pitts & Wilbert Lee 89-99 Juan Ramos 100-102 James Richardson 103-113 Bradley Scott 114-119 Frank Lee Smith 120-130 Delbert Tibbs 131-135 Cases of Innocence, DPIC, Case Summaries 136-144 2 COMMISSION ON CAPITAL CASES 402 S. Monroe Street Tallahassee, FL 32399-1300 Phone: (850) 921-4704 Fax: (850) 921-4737 E-mail: [email protected] Commission Members: Honorable James ―Jim‖ Waldman – Chair Honorable Ronda Storms State Representative, District 95 State Senator, District 10 4800 West Copans Road 421 Lithia Pinecrest Road Coconut Creek, FL 33063 954/956-5600 Brandon, FL 33511 813/651-2189 Honorable Eric Eisnaugle – Vice-Chair Honorable Charles Harris State Representative, District 40 Retired Judge, Fifth District 2003 Curry Ford Road, Suite 1 Court of Appeal Orlando, FL 32806 407/893-3141 402 South Monroe Street Tallahassee, FL 32399 850/921-4704 Honorable Arthenia Joyner Honorable Jeffrey D. Swartz State Senator, District 18 Former Judge, Miami-Dade 508 West Dr. Martin Luther King Jr. County Court Blvd., Suite C 402 South Monroe Street Tampa, FL 33603 813/233-4277 Tallahassee, FL 32399 850/921-4704 3 Previous Commission Members: Senator Joe Negron J.C. Planas Dan Gelber Sally A. Heyman 2010-2011 2005-2010 2002-2006 1997-2002 Walter Campbell, Jr. Michael Scionti Ronald A. Silver Justice Charles 2002-2006 2007-2010 1997-2001 Canady 2004-2005 Bruce Kyle Victor D. Crist Victor D. Crist 2002-2003 2006-2010 1997-2001 Judge Richard Luce 2004-2005 Randy John Ball Parker L. McDonald Judge Leslie B. Sandy Adams 2001-2002 1997-2001 Rothenberg 2003-2005 2006-2010 Locke Burt Charles E. Miner, Jr. Alex Villalobos 1997-2002 1997-2003 Judge Paul Hawkes 2002-2006 2006-2010 4 Commission Staff: Roger R. Maas, Executive Director Jim Ledbetter, Program Manager Mary Jean Hinson, Program Specialist Legislative Research Assistants: Elise Jensen Joshua Kuch Cary Rice Other Commission Staff: Erika Castellucci Nicole Chinn Karen Hogan Ashleigh Holand DeeDee Kurth Nicole Prior Susan Quinn Kelly Roberts Wendy Schulte Emily Wray Commission on Capital Cases History The Commission on Capital Cases was statutorily created in 1997. Chapter 27.709, Florida Statutes, provides that the commission: …shall review the administration of justice in capital collateral cases, receive relevant public input, review the operation of the Capital Collateral Regional Counsel offices (CCRC), and advise and make recommendations to the Governor, Legislature, and the Supreme Court. In 1996, the McDonald Commission recommended the transformation of the office of Capital Collateral Representative (CCR), which represented inmates in capital collateral appeals, into three separate offices that were divided by region. The three collateral appellate offices became known as the Capital Collateral Regional Counsel (CCRC). Following another recommendation of the McDonald Commission, the Commission on Capital Cases was established to oversee the offices of the Capital Collateral Regional Counsel, as well as to create and oversee a registry of attorneys designed to handle the overflow of cases from the Capital Collateral Regional Counsel offices. Roger Maas was appointed by the late Governor Chiles to be the interim Capital Collateral Representative Director and was charged with the overseeing of the transition into the three offices of the Capital Collateral Regional Counsel. In 1997, Mr. Maas was appointed to the position of Executive Director of the newly formed Commission on Capital Cases. The Commission on Capital Cases is comprised of diverse members recognized as being knowledgeable in criminal justice issues and experts in their respective fields. As a result of their leadership, Florida has one of the most comprehensive and well-funded collateral representations in the United States. The dedication of the Florida Legislature and the commission is reflected in the following observation by Florida Supreme Court Justice Harry Lee Anstead: Because of the progressive and effective reforms made by the Legislature and the accomplishments of the Commission on Capital Cases in carrying out these reforms, Florida is now recognized as a model in the administration of justice in capital cases. 6 Project Introduction In response to the increased scrutiny of Florida‘s capital cases; specifically, recent studies claiming that Florida has the highest rate of death row releases,1 an analysis by the commission has researched the 23 cited cases where individuals have been released from death row. Of these 23 inmates, none were found ―innocent,‖ even when acquitted, because no such verdict exists in Florida. A defendant is found guilty or not guilty, never innocent. For the purposes of this analysis, cases will be included if a conviction and death sentence is overturned and the following occurs: the prosecutor declines to prosecute, the remanding court orders acquittal, or the inmate is acquitted at retrial; or, the inmate is granted a pardon by the Governor. The guilt of only four defendants was subsequently doubted by the prosecuting office or the Governor and Cabinet members: Freddie Lee Pitts and Wilbert Lee were pardoned by Governor Askew and the Cabinet, citing substantial doubt of their guilt, Frank Lee Smith died before the results of DNA testing excluded him as the perpetrator of the sexual assault, and the State chose not to retry James Richardson due to newly discovered evidence and the suspicion of another perpetrator. An analysis of the remaining 19 cases can be divided into three categories that account for their releases: (1) nine cases were remanded due to evidence issues, (2) an additional seven were remanded in light of witness issues, and (3) the remaining four were remanded as a result of issues involving court officials. Rudolph Holton was released due to a combination of two reasons – evidence and witness issues. Further examination of all 23 cases yielded various case dispositions. Eight had their cases nolle prossed2 by the prosecutor, and the reasons are as follows: witness recantation, the choice not to subject witnesses to further trials, the death of witnesses, and lost or missing evidence. In no case did a court dismiss charges. Twelve inmates were either acquitted at retrial or their cases were remanded for an acquittal. Of the remaining, one died in custody and the Governor and Cabinet pardoned the remaining two. In addition, no case has had a subsequent suspect arrested or convicted. 1 In 2002, A Broken System (Columbia Law School) and in 2006, The Florida Penalty Assessment Report (ABA Death Penalty Moratorium Implementation Project). Both studies relied upon The Death Penalty Information Center‘s (DPIC) definitions, statistics, and conclusions in their analysis and findings. The DPIC definition for innocence is: ―…convicted and sentenced to death, and subsequently either a) their conviction was overturned and they were either acquitted at a re-trial or all charges were dropped; or b) they were given an absolute pardon by the governor based on new evidence of innocence.‖ 2 At the prosecutor‘s discretion, a decision is made to discontinue the prosecution of the case. 7 Additional examination reveals the following: Thirteen had an offense date prior to 1985, 8 from 1985-1995, and 2 since 1995 Three confessed to the initial charges of murder (Keaton, Lee, Pitts) Six were found not guilty at the retrial (Brown, A., Green, Hayes, Martinez, Peek3, Ramos) Three were found guilty at the retrial (Lee, Peek3, Pitts) Fourteen had criminal records prior to their arrest for murder4 (Ballard, A. Brown, W. Brown, Cox, Green, Hayes, Holton, Jaramillo, Keaton, Lee, Lindsey, Scott, Smith, Troy) As of 2006, ten have committed 30 felonies (F) since their release5 (A. Brown (1F), W. Brown (11F), Troy (2F), Cox (1F), Golden (3F), Green (3F), Hayes (3F), Holton (4F), Jaramillo (2F)) Five are currently incarcerated (W. Brown, Cox, Hayes, Holton, Peek, Troy) Three cases were dropped when an inmate/witness recanted their previous testimony (W. Brown, Holton, Troy) Five cases were reversed due to insufficient evidence (Ballard, Cox, Golden, Jaramillo, Lindsey) Zero cases have had a subsequent suspect arrest and conviction 3 Anthony Peek was found guilty at his first retrial, and not guilty at the second retrial. 4 This information does not include the criminal histories of seven inmates: Joseph Brown, Andrew Golden, Joaquin Martinez, Juan Ramos and James Richardson. 5 This information does not include the criminal histories of six inmates: Joseph Brown, Joaquin Martinez, Juan Ramos and James Richardson. It does not reflect a full criminal history for Robert Cox and Andrew Golden 8 Project Statistics Reasons for Release6 Percentage Evidence issues (9/23) 39% Case based on circumstantial evidence (5/23) Newly discovered evidence (2/23) Problems with evidence (2/23) Witness issues (7/23) 30% Prejudicial testimony (3/23) Recanted Testimony (2/23) Witness Credibility (1/23) Inability to cross-examine (1/23) Issues with Court Officials (4/23) 17% Discovery violation (2/23) Ineffective assistance of counsel (1/23) Substantial delay in indictment (1/23) Doubt about guilt (4/23) 17% Remanding Authority Florida Supreme Court (16/23) 70% Florida Circuit Court (4/23) 17% Florida Governor (2/23) 9% U.S.
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