Congratulations to his attorneys, Michael Ufferman and Sonya Rudenstine!

Agnes, a retired Tallahassee nurse, and Leonard, a crack addict serving a life sentence in Florida, just published a book, “Wildflowers in the Median: A restorative journey into healing justice and joy,” that contains their writing and correspondence. Agnes now is taking readings of it to the public to introduce the public to the concept of restorative justice and to help people learn about its healing power.

The readings are done by Agnes along with two actors, and are performed at no charge. The experience includes a facilitated post reading discussion . If you would be interested in hosting a reading at your home or at another location, please contact Agnes via Facebook or: agnesfurey@gmail.com.

The book and production are powerful examples of the importance of restorative justice — which, while holding criminals responsible for the damage they have caused, also provides a measure of healing for them, their families and communities.

Please TAKE ACTION!!!
PLEASE contact Governor Rick Scott and ask him to convene the Board of Executive Clemency to commute the death sentence of John Ferguson to Life in Prison with No Parole, because he is incompetent to be executed.
Gov. Rick Scott – Phone: 850-488-7146
Email: Rick.Scott@eog.myflorida.com

In response to the Eleventh Circuit order, Ferguson’s attorney, Chris Handman, said:
“We are disappointed that a divided panel of the Eleventh Circuit vacated the stay of execution entered by Judge Hurley who had concluded that Mr. Ferguson’s case raises important constitutional issues that merit full consideration. We are hopeful that the Supreme Court will reverse this decision because there is no evidence that Mr. Ferguson has a rational understanding of the reason for, and effect of, his execution. A man who thinks he is the immortal Prince of God and who believes he is incarcerated because of a Communist plot quite clearly has no rational understanding of the effect of his looming execution and the reason for it.”

Please remember: Letters-to-the-editor of your local newspaper reach thousands.

Please support the Florida statewide coalition effort to end executions.
Shine the light,
—Mark
Sent by:
Mark Elliott
Executive Director
Floridians for Alternatives to the Death Penalty, fadp.org
P.O. Box 82943
Tampa, FL 82943

Floridians for Alternatives to the Death Penalty is a coalition of organizations and individuals united to abolish the Death Penalty in Florida.
FADP works to build a strong, diverse, statewide grassroots movement which:
* Opposes executions
* Supports reforms aimed at reducing the application of the Death Penalty until it is abolished
* Protects the humanity of all persons impacted by the Death Penalty
* Educates Floridians about the Death Penalty
* Provides concrete action steps for individuals and groups

We got word from Mark Elliott of Floridians for Alternatives to the Death Penalty that the Governor has set the execution date
for John Ferguson for next week, Tuesday, October 23. The time is likely to be 6 p.m. A vigil will be held in front of the Governor’s mansion at that time. A Service of Remembrance will take place the following day, Wednesday, October 24 at 12 noon at the Capitol Rotunda.

Below is an editorial that appeared in the New York Times: “A Schizophrenic on Death Row.” Please read and share.

Sheila Meehan
TCADP Board
www.tcadp.net

A Schizophrenic on Death Row

Published: October 17, 2012

The Florida Supreme Court decided on Wednesday that the state can proceed with the execution next week of a 64-year-old inmate named John Ferguson. His lawyers immediately said that they will ask the United States Supreme Court to stay the execution and to review the case on grounds that Mr. Ferguson is mentally incompetent and that executing him would violate his constitutional rights as defined by the court in two earlier decisions.

The court must review the case. At issue are not only Mr. Ferguson’s life but also two differing interpretations of what constitutes competence: one Florida’s, the other the Supreme Court’s.

Mr. Ferguson believes that he is the Prince of God and that he is facing execution not for murders he committed but because of a conspiracy against him for being the prince. He believes that he cannot be killed and that he has “inner ears” so he can hear God whisper instructions. All of this is consistent with his being a paranoid schizophrenic, as he was diagnosed 40 years ago and many times since, including earlier this month.

The Supreme Court ruled in 1986 that it is unconstitutional to execute someone who lacks the “ability to comprehend the nature of the penalty.” In 2007, the court clarified that a “prisoner’s awareness of the state’s rationale for an execution is not the same as a rational understanding of it” and that evidence of psychological dysfunction may result in a “fundamental failure to appreciate the connection” between his crimes and his execution.

Yet this is not the way Florida sees it. Florida law requires only “awareness” — that Mr. Ferguson knows he committed murders and is set to be executed. On that basis, a trial judge ruled last Friday that Mr. Ferguson was competent and could be executed, and the Florida Supreme Court upheld that view, saying no “stricter standard” of competence is required.

Florida’s “awareness” test is plainly inadequate, because it assumes Mr. Ferguson has the kind of understanding of his situation that his delusions make impossible. Mistaken findings of competence like this have allowed states to execute scores of people with severe mental illnesses, including schizophrenia.

Beyond that, the Supreme Court’s 2007 ruling is the law of the land and should be applicable to Florida. The court now has a solemn obligation to explain why Florida’s standard clearly violates the Constitution and to block this execution.

The Florida Supreme Court has denied the appeals of John Ferguson and lifted the stay of execution. This will be appealed to the U.S. Supreme Court. Reports are that a new execution date has not been set. We will send out a bulletin as soon as we know more.

The State Supreme Court cited a U.S. Supreme Court decision that “the Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane” However, they also cited precedent that, “In order for insanity to bar execution, the defendant must lack the capacity to understand the nature of the death penalty and why it was imposed.”

The Florida Supreme Court upheld a recent Circuit Court ruling, “that though Ferguson does have a diagnosed mental illness, paranoid schizophrenia, there is no evidence that his mental illness interferes, in any way, with his ‘rational understanding’ of the fact of his pending execution and the reason for it.”

“…we affirm the order of the circuit court finding Ferguson sane to be executed. No rehearing will be entertained by this Court. The mandate shall issue immediately. We vacate the stay previously entered.”

Here is a news bulletin from the Miami Herald

The FADP website has a new TAKE ACTION and information on pending VIGILS AND PROTESTS. We will be posting the latest statement from the Florida Catholic Bishops: Florida Should Reject State Sanctioned Killing. We are publishing the latest Evangelical Christian leader letter to Gov. Scott asking him to stop the execution of John Ferguson. Other faith leaders are joining the call for commutation. Please add your voice:

PLEASE contact Governor Rick Scott and ask him to convene the Board of Executive Clemency to commute the death sentence of John Ferguson to Life in Prison with No Parole, because he is incompetent to be executed.

Gov. Rick Scott – Phone: 850-488-7146

Email: Rick.Scott@eog.myflorida.com

Great column in the Miami Herald – PLEASE SHARE! A very well researched column by Fred Grimm of the Miami Herald lays out the most critical issues in the John Ferguson case in a way that says it all. This is a “must read” for those wishing to understand what the state is trying to do and what is at stake. “Nothing good about execution of mentally ill man.” Please post this on your lists and on Facebook and social media, along with the above request to contact Gov. Scott. If you Tweet, here is a sample tweet and a link: Crazy but still competent for execution in FL? Must read @MiamiHerald column about #JohnFerguson: http://goo.gl/thwrn

Statement from the American Bar Association:

Tallahassee Democrat | Oct 17, 2012

ABA denounces court’s decision on execution
LAUREL BELLOWS | President, American Bar Association

Our great American system of justice is demeaned when we execute the profoundly mentally ill. Nonetheless, a Florida trial court has ruled that the scheduled Thursday execution of John Ferguson should proceed, despite its conclusion that Ferguson’s mental illness is so profound that he hears and sees things that aren’t real and suffers from serious delusions.

This condition has persisted for more than three decades and has included years of involuntary confinement in mental hospitals and treatment with antipsychotic medications.

The American Bar Association has long been concerned about the special vulnerability of the mentally ill in our criminal justice system. These concerns follow hundreds of years of common law tradition that has consistently held that offenders with severe mental illness must be treated differently from other offenders.

Medical experts and the courts agree that Ferguson is profoundly mentally ill. He will be fully punished for his crimes, and society fully protected, if his execution is stayed and his sentence is commuted to life in prison without the possibility of parole.

Please remember: Letters-to-the-editor of your local newspaper reach thousands.

Please support the Florida statewide coalition effort to end executions.

Shine the light,

—Mark

Sent by:

Mark Elliott

Executive Director

Floridians for Alternatives to the Death Penalty, fadp.org

P.O. Box 82943

Tampa, FL 82943

2. Vigil for David Goreman – Thursday, April 12 at 6 pm in front of the Governor’s Mansion

3. Service of Remembrance – Friday, April 13 at 12 noon at the Capital Rotunda

A two-hour forum that will include perspective and commentary from FSU President Emeritus, former Dean of the College of Law and former American Bar Association President Talbot “Sandy” D’Alemberte; former Florida Supreme Court Justice Raoul Cantero; 2nd Judicial Circuit Judge Janet Ferris (retired); 18th Judicial Circuit Judge O.H. Eaton (retired) and former member of the ABA Florida Death Penalty Assessment Team; Harry Shorstein, former Fourth Judicial Circuit State Attorney and former member of the ABA Florida Death Penalty Assessment Team; Mike Minerva, CEO, Innocence Project of Florida, former 2nd Judicial Circuit Public Defender and former member of the ABA Florida Death Penalty Assessment Team; Stephen Hanlon, Chairman, The Constitution Project, and former Chairman of the ABA Steering Committee; Mark Olive, renowned capital case litigator; Chris Slobogin, law professor at Vanderbilt University and former chair of the ABA Florida Death Penalty Assessment Team, Les Garringer, executive director of the Florida Innocence Commission and former Monroe County Judge, and Frank Patterson, Dean, FSU College of Motion Picture Arts.

When: Monday, November 14th from 9:30 to 11:30 a.m.

Where: FSU College of Law Rotunda, 425 W. Jefferson St. (across from the Leon County Civic Center)
*sponsored in cooperation with The Constitution Project
This special event is free and open to the public.

“The struggle for justice doesn’t end with me. This struggle is for all the Troy Davises who came before me and all the ones who will come after me.” — Troy Davis

Friends,

After an afternoon of misinformation from the some media reports, it has been confirmed by the Governor’s office and the DOC that Manuel Valle was pronounced dead at 7:14 pm Eastern Time.

The 4:00 pm execution had been put on hold for almost 3 hours to await a U.S. Supreme Court decision on a stay. The stay was denied and the execution commenced. It is not yet confirmed that Manuel Valle was on the gurney with IV’s started during the entire wait.

There were a dozen execution vigils and protests around our state today. Thanks to every one of you who are working to end this madness in whatever way you can. Writing Letters to the Editor, calls, emails, letters and visits to your representatives, supporting FADP…are all needed. Working together we will see an end to executions in our time…for all time.

“Never Stop Fighting for Justice and We will Win!”

—Troy Anthony Davis, Oct. 9, 1968 – Sept. 21, 2011

Shine the light,

—Mark

Valle was convicted of the 1978 killing of a Coral Gables police officer, and first sentenced in 1981. He then waged a decades-long series of appeals, including most recently a challenge to Florida’s lethal injection drug mixture and procedures, which allowed him to delay his scheduled execution.

The Florida Supreme Court issued a ruling Thursday allowing the execution to proceed. It is scheduled for Sept. 1.

The bishops argue that a sentence of life without parole would be enough to ensure public safety, and that “human dignity – that of the convicted as well as our own – is best served by not resorting to this extreme and unnecessary punishment.” Their full announcement is below:

Tallahassee, FL – In an August 3, 2011 letter to Governor Rick Scott, the bishops of Florida urged the governor to stay the execution of Manuel Valle scheduled for September 1, 2011. Non-lethal means of punishment protect society and respect the life of all persons, even those who have done great harm. Text of the letter follows: #

Dear Governor Scott,

We renew our appeal to you to end the use of the death penalty in our state. We urge you to stay the execution of Manuel Valle scheduled for September 1, 2011.

We concede the right of the State to impose the death penalty when absolutely necessary, that is when it is otherwise impossible to defend society.  However, given the ability of Florida to protect its residents by incarcerating inmates for life without possibility of parole, we pray you will exercise that option.

Willful murder is a heinous crime; it cries to God for justice.  Yet, God did not require Cain’s life for having spilt Abel’s blood.  While God certainly punished history’s first murderer, he nevertheless put a mark on him to protect Cain from those wishing to kill him to avenge Abel’s murder (cf. Genesis 4:15).  Like Cain, the condemned prisoner on death row – for all the evil of his crimes – remains a person.  Human dignity – that of the convicted as well as our own – is best served by not resorting to this extreme and unnecessary punishment.  Modern society has the means to protect itself without the death penalty.

The killing of Officer Louis Pena caused great suffering and pain for his family and friends, and we pray they were consoled as they mourned the loss of their loved one. We are hopeful that Officer Gary Spell and his family are healed from his traumatic experience as he came to the aid of his fellow officer. An execution re-opens the emotional wounds of victim’s families and does not bring back or honor their loved one. True peace can only be achieved by forgiveness.

Killing someone because they killed diminishes respect for life and promotes a culture of violence and vengeance. We affirm the right and duty of the State to assure public safety and punish the guilty by incarceration, which allows the inmate an opportunity for reflection on their offenses and sorrow for the pain they have caused others.

Governor, we ask you to stop state sanctioned killing by sparing the life of Manuel Valle, allowing him to serve out his sentence in prison for the rest of his natural life.

Respectfully in the Lord,

Most Reverend Thomas G. Wenski
Archdiocese of Miami

Most Revered Gerald M. Barbarito
Diocese of Palm Beach

Most Reverend Robert N. Lynch
Diocese of St. Petersburg

Most Reverend Frank J. Dewane
Diocese of Venice

Most Reverend John G. Noonan
Diocese of Orlando

Most Reverend Felipe J. Estévez
Diocese of St. Augustine