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ACLU and FADP Question Whether the Report from the Commission on
Capital Cases Will Be Used As A Political Tool
June 20, 2002
The Florida Commission on Capital Cases is expected to release a report today following its review of 23 (of 24) capital cases of people released from Florida's death row since 1972. Even though the executive director of this Commission has confirmed that the report "draws no conclusions," there are early indications it will be used to advance political agendas.
At least one politician, Senator Locke Burt, a staunch supporter of capital punishment who is also Chairman of the Commission on Capital Cases AND a candidate for Florida Attorney General, has suggested in a public forum that the report can be read to show that only "one" of these 23 individuals is actually innocent. But in two separate telephone conversations with Roger Maas, Executive Director of the Florida Commission on Capital Cases, director of Floridians for Alternatives to the Death Penalty (FADP) Abe Bonowitz learned that the report "comes to no conclusions" about the guilt or innocence of the 23 individuals. According to Maas, the report presents information already available in the public record about these 23 cases, and includes comments by "prosecutors and defense attorneys who have responded" to the Commissions' request for input. According to Maas, "each reader will come to their own conclusions based on their own predisposition on the issue."
In the early part of June, Senator Burt commented publicly on "The Open Forum" with talk-show host Marc Bernier on WNDB (1150 AM) in Daytona Beach, citing the upcoming Commission on Capital Cases report as the source for his suggestion that only "one" of the 24 individuals exonerated and released from Florida's death row was actually innocent. Senator Burt confirmed his statements in a telephone conversation with Floridians for Alternatives to the Death Penalty (FADP) Director Abe Bonowitz on June 14. Mr. Burt agrees that anyone can read the report, which itself "draws no conclusions," and any reader can come to their own conclusions.
Floridians for Alternatives to the Death Penalty and the American Civil Liberties Union of Florida are concerned that Senator Locke Burt is purposefully interpreting the substance of the impending report in order to defend his continued support for the death penalty in Florida, and to advance his political agenda as he seeks the office of Attorney General.
"As chairman of the commission, Senator Burt's comments about the new report carry more weight than anything anyone else might say," said Bonowitz. "FADP believes that Senator Burt bears a special responsibility to maintain impartiality as claimed by the Commission in this new report. Unfortunately, it appears that once again we have evidence that politicians are willing to use the death penalty ? the tragedy of murder ? to advance a political career."
"They don't let prisoners off death row these days simply for 'good behavior,' " said Howard Simon, Executive Director of the American Civil Liberties Union of Florida. "When the state releases a person from death row, you can be sure that it is because the state can no longer prove its case, and in many cases because there is clear and compelling evidence that someone else committed the crime."
"Sen. Burt and other defenders of state executions may prefer to call these 'technicalities,' " Simon added. "But evidence that someone else committed the crime or evidence that the person convicted of committing the crime actually did not are the sort of 'technicality' that should concern every Floridian who cares about fairness."
With Florida releasing more people from death row than any other state, and with the most recent study (from Columbia University) indicating that 2 of 3 death penalty convictions and sentences get reversed on appeal, supporters of capital punishment should be able to agree with opponents
that the death penalty system in Florida is broken, and that this state needs to look at the reforms proposed, for example, by the Illinois Gubernatorial Commission before another execution is authorized. It is time for a "Time-Out" on executions in Florida.
As just one example of widespread lack of complete information about the death penalty system in Florida, the Commission on Capital Cases was NOT aware of the most recent exoneration from Florida's death row ? that of Juan Melendez in January, 2002 ? UNTIL Floridians for Alternatives to the Death Penalty inquired about their findings on this case.
- Click here to read the press release on Melendez's case.
- Click here for more information on "The Florida Problem" with wrongful convictions
MEDIA CONTACT:
Abe Bonowitz Floridians for Alternatives to the Death Penalty,(800)
973-6548 or Alessandra Soler Meetze, ACLU of Florida (305) 576-2337,
ext. 16 (office) or (786) 208-7203 (cellular)
