TCPalm.com

Condemned inmates could spend fewer years on death row and have less time for appeals under a bill being championed by state Sen. Joe Negron, which aims to speed up the death penalty appellate process.

Dubbed the “Timely Justice Act of 2013, the bill’s goal, according to Negron, R-Stuart, is to allow an inmate the opportunity to appeal a sentence of death in capital cases, but for the legal matters involved to be decided in a quicker manner than under judicial rules currently in place.

The bill, he said, is designed to streamline litigation and cut out duplicate or baseless appeals filed by prisoners after the state Supreme Court has upheld a murder conviction and death sentence.

“There’s no reason in the world for a death penalty appeal to take 20 years,” Negron said from Tallahassee. “That’s not justice, that’s people making a mockery of the justice system.”

The proposed reforms come six months after Scripps Treasure Coast Newspapers published an in-depth investigation reviewing death row appeals to see why it takes dozens of years for some inmates to end their appeals and be executed, and at what cost to taxpayers. A House analysis of the act cites the Scripps research that showed the time it takes to present a capital case on appeal in state and federal court is a major factor in determining how long it takes for an inmate to progress through the judicial system.

Negron, in fact, credited the Scripps’ research that found post-conviction appeals can cost taxpayers about $1 million per condemned inmate during an average stay of 14 years on death row before an execution is carried out.

“I think the extraordinary research efforts of the Stuart News,” he said, “provided additional information and rationale to move this proposal forward.”

The proposed act is co-sponsored by state Rep. Matt Gaetz, R-Shalimar, who, like Negron, is an attorney practicing civil law.

Members of the House criminal justice subcommittee, which Gaetz chairs, on Tuesday approved the bill and a companion House Joint Resolution, which would amend the state constitution — if approved by voters in 2014 — to authorize the Legislature to enact the rules and procedures outlined in the act.

State Rep. Gayle Harrell, R-Stuart, a criminal justice subcommittee member who voted for the bill, said she believed lawmakers are united in enacting change.

“I really do think there is the political will to see this through,” she said Friday. “And the (October) article in the Stuart News … really brought to light a lot of the situations and probably instrumental in getting this kind of thing moved.”

Harrell told committee members that “without action by the Legislature, we are not going to see the necessary changes made.”

“We need to make sure … there is at some point rules in place that call for an end time in which appeals are heard and appeals are adjudicated,” she said. “And that we move forth with what is an upheld conviction and that the people, the victims of the state, deserve justice that is at the end of this.”

Chief Assistant State Attorney Tom Bakkedahl, a staunch critic of the time it takes to complete capital punishment appeals, applauded Negron’s proposed bill.

“Everybody looks at the system and says it’s broken,” he said. “I know the (state) Supreme Court after 2000 created some rules designed to speed up the process, but they are just not enough. So perhaps this is also a warning shot across the Supreme Court’s bow that look, you need to take action. People are getting fed up with this.”

Measures in the bill include prohibiting courts from granting extensions of time at various stages of the post-conviction process and creates reporting requirements that hold courts accountable for substantial delays. It also takes away the court’s authority to appoint a state-paid attorney to represent condemned inmates who apply for clemency from the governor’s office on or after July 1, 2013.

But the bill and the proposed resolution to amend Florida’s constitution aren’t without controversy.

Some groups, including the Florida Bar and the Florida Association of Public Defenders have voiced concerns that amending the state constitution to allow the Legislature to set rules for the judiciary in processing death penalty post-conviction appeals will spark a debate over separations of powers.

Steve Metz, the Florida Bar’s chief legislative counsel, urged lawmakers at Tuesday’s subcommittee hearing to find another way to institute the proposed new rules.

“We think there is a way that you can achieve the goal of moving these cases along efficiently, better than they are now, better than they have been in the past,” Metz said, “and you can do it without having a constitutional battle over who’s got authority over their rules.”

He reminded House members that “you’ve done this before,” when the Death Penalty Reform Act of 2000 was enacted, which the Florida Supreme Court struck down as unconstitutional based on a separation of powers claim.

The state’s high court in 2000, he said, adopted rules to speed up death row appeals and statistics show marked improvement, he said. There were 149 post-conviction appeals pending in 2001, Metz noted, and by 2012, that number dropped to 41.

“That’s a 72 percent decrease,” he said, “and an 11 percent decrease in the average number of days pending in court.”

University of Florida law professor George R. Bob Dekle Sr. said he has a problem with the Legislature setting rules for the Florida Supreme Court.

“The last I heard,” Dekle said, “the judiciary is not answerable to the Legislature.”

Public Defender Diamond Litty said her colleagues statewide supports Negron’s bill but want to see some changes, specifically requiring juries to be unanimous in recommending capital punishment. Currently, it takes a majority vote to recommend to a judge a sentence of death or life in prison.

“We are the only state in the country,” Litty said, “that doesn’t have a unanimous death recommendation.”

About the bill

The Timely Justice Act of 2013, sponsored by state Sen. Joe Negron, R-Stuart, aims to speed up the appeals process for death row inmates. Measures include:

Re-establishes the Capital Collateral Regional Counsel office in north Florida, where currently private attorneys are court-appointed to represent death row inmates.

Bars all post-conviction motions that are not filed within statutory time frames.

Prohibits courts from granting extensions of time at various stages of the post-conviction process.

Creates reporting requirements that hold courts accountable for delays in post-conviction proceedings.

Source: Florida House proposed committee bill, criminal justice subcommittee 13-05

Inspired by a suggestion and some ground work laid by Rev. Emory Hingst, several TCADP members put the finishing touches on a booklet of  statements on the death penalty from approximately twenty different faiths.  Nancy Smith Fichter and Robert Fichter worked to get as many statements as possible and to obtain the most current available.  We printed 350 booklets and are making sure that every member of the Florida Legislature, Governor Rick Scott, and Attorney General Pam Bondi, all have a copy.  Click the link to download a copy of this booklet published by TCADP as part of our lobbying effort.

Faith Comments 2-4-13

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.

The U.S. Supreme Court rejected three separate applications filed by John Ferguson’s attorneys to attempt to stay his execution. Then late last night the U.S. Court of Appeals for the Eleventh Circuit issued an order granting a temporary stay. John Ferguson will be alive for at least two more weeks. A small group of Tallahassee Citizens Against the Death Penalty held a vigil outside the Governor’s Mansion at 6 pm last night when it was not certain if the execution was taking place.

A briefing schedule has been set in the case that requires Ferguson’s attorneys to file their petition by Monday, October 29, the State then replies on Monday, November 5th and Ferguson must answer on Tuesday, November 6th. It is expected that whatever decision is made by the 11th Circuit, it will be appealed to the U.S. Supreme Court.

It was a long and difficult night for many advocates, but as Mark Elliott of Floridians for Alternatives to the Death Penalty (FADP) wrote, it is a welcome relief and a chance to do more to stop this execution. FADP is expanding efforts to persuade the Governor to convene the Board of Executive Clemency to commute the death sentence of John Ferguson to life without parole. Please contact Gov. Rick Scott – 850-488-7146 and email: Rick.Scott@eog.myflorida.com.

Don’t forget the TCADP sponsored event on Monday, September 29 when Steve Hanlon will speak on the death penalty at 7 pm at St. Thomas More. You can find the information on the Democrat’s calendar site here: http://search.tallahassee.com/localevents/100 and on the TCADP website: www.tcadp.net.

Sheila Meehan
TCADP

 Stephen Hanlon

Steve Hanlon, attorney in the Washington, D.C. office of Holland & Knight, will speak on the death penalty from a national perspective.

Hanlon was Chair of the Death Penalty Moratorium Project of the American Bar Association and Chair of the Constitution Project.  The Moratorium Project researched and reported on the death penalty in eight states, including Florida, and found serious flaws in every state.

“In determining who gets the death penalty,” Hanlon said, “all too frequently, it seems to be not the person who has committed the worst crime, but the person who has the worst lawyer.”

“We just do not have confidence in the capital justice system after studying it,” Hanlon, told ABC News. “Capital defense systems are being underfunded, and unqualified and under-resourced lawyers are defending death row inmates.”

Monday, October 29

7 p.m.

 O’Brien Hall

St. Thomas More Co-Cathedral

900 West Tennessee St.

Tallahassee, FL 32304

Sponsored by Tallahassee Citizens Against the Death Penalty

   www.tcadp.net

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