| Emergency :Wayne Thompkins To Die Tonight | |
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| Tweet Topic Started: Feb 11 2009, 03:49 PM (681 Views) | |
| Sydney Carton | Feb 11 2009, 03:49 PM Post #1 |
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SC: Excuse me not placing this on the other board,but there is no tiime to let this one ride. For some reason the Innocence Project never sent me a notice that they had this case under investigation.So I have had no chance to in any way evaluate the evidence.Still (a)there seems to be qualified forensic evidence that the State has identified the wrong body(b) the alleged victim is very much alive and has been talking with reliable witnesses quite recently. The Governor apparently hasn't bothered to hear these people. Due to the pressure, I am taking this over directly from Jeralyne,over at TL. Please help get Tompkins the few weeks stay he needs until these issues can be factually resolved. Wayne Tompkins is scheduled to be executed tonight in Florida. From the Florida Innocence Project(via e-mail): We believe there are very serious doubts about whether Tompkins is guilty of murder – because the body in the case might not be that of the alleged victim, meaning no murder even took place. Several individuals have signed affidavits saying they have seen the victim alive since the alleged murder, but the Governor has failed to stay the execution. Yesterday, we sent a letter to Governor Charlie Crist (pdf). Today, we filed a motion to preserve the evidence in the case, signaling our intent to go ahead with DNA testing, even if Tompkins is executed. One day soon, the truth will come out, and perhaps Governor Crist will become the first in US history to execute a man who was proven to be innocent. From a Florida Innocent Project Press Release: Mr. Tompkins was found guilty of murdering Lisa DeCarr in 1983. The evidence against him was circumstantial and consisted of three witnesses, including one jailhouse snitch. The nature of this case is also uncommon because the identity of the victim herself is also in doubt. The victim’s alleged identity was supported at trial by a comparison with dental records which Miller says was “wholly unpersuasive.” Since then, several individuals have signed affidavits claiming to have seen her alive since the murder. “Because the dead body’s identity is an issue, [late last year] you ordered DNA testing on bones from that dead body as well as a robe and sash found with the dead body,” Miller wrote to Crist. "We presume you did so in order to remove any remaining questions about whether the State of Florida was about to execute an innocent man.” That round of testing came back inconclusive, says Miller. But he adds that, “the facts of the case have not changed. The uncertainty surrounding the identity of the alleged victim that led to the last round of DNA testing still exists. There should be clarity about the identity of the alleged victim before we execute a potentially innocent man. That clarity is obtainable in Mr. Tompkins’ case.” IPF believes that a new round of DNA testing, involving methods that have not yet been tried in this case, would likely yield results. Miller pledged to work with Governor Crist to “answer these remaining questions and finally obtain closure in this case,” urging patience in order to avoid executing a potentially innocent man on Wednesday. On the preservation of evidence issue, from another of their press releases, not yet online: “The Governor should remember two other cases, Frank Lee Smith and Ricky McGuinn,” said Miller. Frank Lee Smith died on death row in Florida before DNA testing proved he was innocent. In Ricky McGuinn’s case, his Texas execution was stayed, then DNA testing proved his guilt, and his execution was reset. In both cases, DNA testing proved vital to the establishment of culpability. IPF is moving a court to notify the appropriate institutions that they have a statutory obligation to preserve all evidence pertaining to Tompkins’ case for 60 days, even if he should be executed. IPF wants a robe, a sash, and samples of the victim’s bones to be preserved, with confidence that a new round of DNA testing, using methods that have not been used in this case, will likely yield the identity of the victim. What can be done? The IPF, via e-mail, writes: The troubling aspects of this case are myriad. Involved are bad eyewitness testimony, changing stories after interrogations, a questionable jailhouse snitch, bad forensic science, DNA testing's unprecendented probative value being ignored, and the possibility of actual innocence coupled with an impending execution. It's hard to imagine a more convoluted and unreliable process of justice playing out in our system. Please take this opportunity to call or email Governor Crist. Florida could become the first state to execute an innocent man. Concerned citizens everywhere should act now. Contact Governor Charlie Crist Phone: 850-488-7146 Fax: 850-487-0801 Email: Charlie.Crist@myflorida.com Edited by Sydney Carton, Feb 14 2009, 12:58 PM.
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| Sydney Carton | Feb 11 2009, 04:02 PM Post #2 |
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Here is the state of the case(according to the defense) prior to the recent developments. I can't understand why practically no one has heard about this one. SUMMARY OF WAYNE TOMPKINS CASE In March of 1983, Wayne Tompkins was living in Tampa with Barbara DeCarr and her three children, including 15-year-old Lisa. On the morning of March 24, 1983, between 8:30 and 9:00, Barbara went to Wayne’s mother’s house to help her move. When she left home, Lisa was there wearing a pink bathrobe. Meanwhile, Wayne dropped off Barbara’s son at school and arrived at his mother’s to help. At some point, Barbara sent him back to their house to get newspapers. When he returned he reported Lisa was on the couch watching TV. Later at 3:00 pm., Wayne reported that Lisa had run away. Barbara went home, could not find Lisa, and contacted the police. Barbara questioned Wayne about his last sighting of Lisa, and he said the last time he saw her she was going out the back door wearing blue jeans and a maroon-colored blouse. About a month later wiht Lisa still missing, Barbara and her family moved. In June of 1984, Barbara employed the services of a psychic to help find Lisa who was still missing. The psychic directed a search of the residence occupied in March of 1983 be conducted. Under the house, a shallow grave was found. The body recovered was identified as Lisa’s through dental records. At trial, the State relied on the testimony of Kathy Stevens. Kathy had been a classmate of Lisa’s at the time she disappeared. According to Kathy’s testimony at trial, she had a arrived at Lisa’s house at around 6:00 am., on March 24, 1983. The two had made plans to run away. At that time, Lisa announced she had changed her mind. Kathy left, but forgot her purse. Around 9:00 am., Kathy returned to get her purse. When she arrived, Kathy heard a loud crash, so she opened the front door. She saw Lisa and Wayne struggling on the couch. Wayne was on top of Lisa trying to get her clothes off. Lisa asked Kathy to call the police, and Wayne told Kathy to get out. Kathy also noticed another man sitting in a chair in the living room watching. She left and did not call the police. She claimed to have told Lisa’s boyfriend who did not seem upset. So she went to school and never told anybody else. A couple weeks later, she had a conversation with Barbara and told her that Lisa had left for New York. She testified that this was a lie but that she believed at the time that Lisa may have run away. Until the body was discovered, Kathy believed that Lisa had run away. The State also relied upon the testimony of a jailhouse informant, Kenneth Turco. After a previous jailhouse informant committed suicide, Turco came forward and claimed that Wayne had confessed to strangling Lisa and burying her body under the house. On the basis of this evidence, Mr. Tompkins was convicted of having murdered Lisa DeCarr on March 24, 1983, between the hours of 8:30 am. and 5:00 pm. At the penalty phase, evidence of two prior sexual assaults was introduced in aggravation (although it should be noted that the victim of one of the priors reported in her statement that Mr. Tompkins could not go through with it, dropped her off a block away from where she requested, and gave her change so she could call the police). A death sentence resulted. However, Mr. Tompkins’ jury did not hear significant exculpatory evidence. First, the day that Lisa was reported missing the police interviewed Wendy Chancey, another schoolmate of Lisa’s. Wendy reported seeing Lisa getting in a car at 3:00 pm on March 24, 1983, at the intersection of 12th St. and Osbourne. She also reported that Lisa was wearing jeans and a maroon blouse. Second, school records indicated that in April "students said the child called from N.Y. is pregnant." Third, a police report dated April 26, 1983, indicated Barbara had reported that her son had spoken to Kathy Sample (Kathy Stevens had testified that she was never known as Kathy Sample) who reported that Lisa had called her. Barbara then called Kathy Sample who reported Lisa had called saying she was in New York and pregnant. Fourth, a police report dated June 22, 1983, noted that Barbara had called indicating a neighbor had allegedly seen Lisa getting into a green car in the area of 15th and Osbourne. Fifth, a police report dated September 2, 1983, reported that Lisa had been sighted some six months after the day she was first reported missing. Sixth, at Mr. Tompkins’ trial the prosecutor told the jury that Kathy Stevens had no reason to lie. However, a undisclosed memo to the file prepared by that prosecutor revealed that he had two conversations with her before she told him that she had witnessed a struggle between Mr. Tompkins and Lisa. On March 7, 1985, Kathy indicated that the day before her disappearance Lisa had told Kathy she was going to run away. At that time, Kathy said she had no further contact with Lisa and her subsequent statement to Barbara reporting a phone call from Lisa was false. On March 12, 1985, Kathy changed her story and reported seeing the struggle between Mr. Tompkins and Lisa. After this change in her story, the prosecutor "arranged a visit" between Kathy and her boyfiend who was then in jail and who she had not been able to get in to see. Seventh, the jury did not know that Kenneth Turco would be allowed to withdraw a guilty plea to an escape charge within two weeks after his testimony. At trial, Turco told the jury that he had pled guilty to an escape and expected to serve a lot of time. Two weeks after Mr. Tompkins received the death penalty, however, the prosecutor in Mr. Tompkins’ case replaced the prosecutor in Turco’s case, and went to court and agreed to allow Turco to withdraw his guilty plea to the escape. The prosecutor then dropped escape charge against Turco completely. |
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| Quasimodo | Feb 11 2009, 07:59 PM Post #3 |
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OK, email sent... |
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| Lodge Pro 345 | Feb 11 2009, 08:02 PM Post #4 |
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. I don't know anything about this case. What would that do to the Death Penalty if this woman was found alive after a man was killed for her death? Seems to me prudence dictates closing the loop on any major questions before proceeding with an execution. . . |
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| Quasimodo | Feb 12 2009, 02:48 PM Post #5 |
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http://www.abcactionnews.com/news/local/story/Wayne-Tompkins-executed-for-murdering-Tampa-teen/SY2flCr-p0SEsb1gEI2Ufw.cspx STARKE, Fla. (AP) -- A rapist convicted of murdering his girlfriend's teenage daughter 26 years ago was executed Wednesday after the courts refused to reconsider his claims of innocence. Wayne Tompkins, 51, was pronounced dead at 6:32 p.m. at Florida State Prison. The execution started at 6:24 p.m. He had been condemned for the murder of 15-year-old Lisa DeCarr, who disappeared from the Tampa home she shared with Tompkins and her mother on March 24, 1983. "I'm good," Tompkins replied when officials asked if he had any last words. (snip) The victim's mother, Barbara Wallace, and three of her daughters and her son witnessed the execution, as did Tompkins' attorney Neal Dupree. "It didn't bring her back," Wallace said of the execution. DeCarr's sister, Michelle Hayes, said she had hated Tompkins for many years, saying "I have wanted to do it myself many, many times." "We are glad this long journey is over now. We feel it was humane. Lisa can now rest in peace. That's what this day was about, justice for her, not anybody else," Hayes said. Tompkins requested a sedative before the execution by lethal injection. "Some of the family thought it was too easy," Hayes said. Wallace and others thought DeCarr had run away, but her body was found a year later under the home's porch. She had been strangled with the belt of the pink bathrobe she had been wearing. Tompkins, who had been arrested in early 1984 after he robbed and sexually assaulted two convenience store clerks in separate attacks, was charged with her murder. A cellmate testified that Tompkins confessed, saying he had strangled the girl after she kicked him in the groin while rebuffing his advances. That cellmate, Kenneth Turco, now says a prosecutor told him to lie to the jury. The state Supreme Court has ruled Turco's recantation a harmless error that would not have affected the outcome of the trial. (snip) The Florida Supreme Court, in a one-page order, denied all of Tompkin's appeals Wednesday morning. His attorneys had asked the court to delay the execution, saying more time was needed to complete testing on DNA evidence found on and near the girl's body. The court said it would not entertain any motions for rehearing. (snip) The Innocence Project of Florida had filed a motion Wednesday to preserve the evidence in Tompkin's case, arguing that more DNA testing is needed to "banish all doubt." It asked that a robe, sash and samples of the victim's bones be preserved for additional DNA testing. (snip) |
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| Bill Anderson | Feb 12 2009, 03:12 PM Post #6 |
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How many times do we see the "jailhouse snitch" testimony? Almost every time, the testimony is a lie, with information planted by police and prosecutors. The noted attorney Harvey Silverglate told me that he always tries to get his clients released immediately on bond because if they have to stay in jail, invariably there will be a jailhouse snitch involved that claims to have heard a detailed confession from the accused. I believe that Nifong was hoping to do the same in the LAX case. If any of the three had been in a cell with someone else for any length of time, I will guarantee you that we would have been told that a snitch had heard a full-length confession on how this person helped to rape Crystal Mangum. When prosecutors lie, then there is no more system of justice. It only is a system of brute force. And no prosecutor ever has to worry about going to jail for suborning perjury, no matter how many times it happens. When a system is run by lies and liars, then it becomes nothing more than a weapon of the state.
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| Sydney Carton | Feb 12 2009, 06:33 PM Post #7 |
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SC: This is as foul as the recent McDonald appeal. There were only three witnesses in the case(1)The mother whose testimony was purely indirect(2)The schoolmate(who showed up some fifteen months later) and whom the Florida Court itself described as "thoroughly impeached" by the original cross-examination and (3) the stoolie. In the earlier appeal the Florida Court further stated that it was rejecting the newly discovered evidence(as it then stood) because none of the three original witnesses had recanted. Now the witness recants and they say in a one page decision that planting an admittedly perjured witness(the only remaining unimpeached witness ) on the defendant constitutes a "harmless error"! Well,at least one out of five did dissent that final time around. A bitter solace to know a single judge, just at the very end the end, showed a belated sense of decency. Edited by Sydney Carton, Feb 12 2009, 06:34 PM.
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| Quasimodo | Feb 13 2009, 11:09 AM Post #8 |
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(Response) : Thank you for contacting Governor Charlie Crist. The Governor appreciates your concerns and asked that I respond on his behalf. Signing a death warrant is one of the Governor's most difficult responsibilities, an obligation that he does not take lightly. Pursuant to the Governor's policy, he will only sign warrants on death row inmates who have exhausted their appellate remedies. To do otherwise would most certainly result in court imposed stays and disappointment for the families of victims desiring justice and finality. Governor Crist supports the death penalty as an appropriate form of punishment for those who commit the most heinous murders. As Governor, he will faithfully discharge his responsibility to sign death warrants for those offenders whose cases have been thoroughly reviewed by the courts. Governor Crist also believes that the death penalty must be administered in a humane manner that complies with state and federal law and constitutions. The Department of Corrections administers the death penalty by lethal injection in accordance with Florida law. In accordance with Section 922.11, Florida Statutes, Wayne Tompkins was put to death by lethal injection for the murder of 15-year-old Lisa DeCarr on Wednesday, February 11, 2009, at 6:00 p.m. Citizens have the opportunity to influence legislation on this issue by contacting their local legislative delegation. You may wish to write to your state senator or representative. Contact information for your senator and representative can be found online at www.leg.state.fl.us. Please know Governor Crist supports the death penalty in appropriate cases and understands his obligation to see that the laws are faithfully executed and will continue to fulfill his duties by signing warrants in appropriate cases and pursuant to his policy. Thank you again for taking the time to contact Governor Crist. Sincerely, Dustin Fusillo Office of Citizen Services (yada...yada...yada... sounds like the standard boilerplate with one non-committal paragraph thrown in about Tompkins. ) Edited by Quasimodo, Feb 13 2009, 11:10 AM.
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| Sydney Carton | Feb 14 2009, 12:59 PM Post #9 |
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There are still items that need to be DNA tested by labs The Innocence Project uses. The testing done by FDLE is not based on advanced DNA technology and was used as an alibi for Crist to say he has conducted DNA testing that came out inconclusive. There is only the word of Barbara - Lisas mother -to say the body in the garden is Lisa. When was she is credible witness? What did the prosecutor Mike Benito do in this case? He " helped" the jailhousesnitch to add evidence details to his testimony. Look into the misconduct of the prosecution done to get an easy conviction of Wayne Tompkins. Why this long time to prove his innocence? The State of Florida denied in 2001 that there were DNA items to DNA test. They said they were LOST. Only after the report from FDLE of what was available to test, was the truth of this revealed. Florida cannot take more exonerations. It is too costly to pay the compensation. Wayne Tompkins wrongful conviction issues had to be silenced in one week, after new aspects were disclosed So he is killed. Compare to the wrongful Florida cases of Juan Melendez and Rudolph Holton. Or Frank Lee Smith, who was exonerated posthumously by DNA in Florida. Why did they all wait so long on death row for their freedom? Because this legal system does not work Innocence does not matter in US. This case is full of the worst of a death penalty conviction. Only the alert eye will look in. Continue to silence the cases by killing those who cry out their innocence. Sissel |
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| Sydney Carton | Feb 14 2009, 01:27 PM Post #10 |
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Sissel is writing at concurringopinion.com,yesterday,Feb.13th. That blog does not usually consider innocence cases but they were understandably disturbed by this one. I have carefully gone over both the Florida Supreme Court decisions and am unable to find a single additional reason why they allowed this man to die.I'll post the liinks on Monday and see if the readers can do any better. In the end they found,4-1, in less than a single page, that (1) the identity of the body didn't matter(!)(2)that the "eye witness" couldn''t be be further impeached because she had been" thoroughly discedited "anyway and that (3)the discredited confession didn't matter(The prosecution is apparently no longer contending that it was authentic) because admitting it was "a harmless error". On exactly what grounds did that Court kill this man? We are left with the mother who for thrteen months contended(with supporting witnesses) that her daughter had run away from her wretched sty of a home and only remembered when she was caught with somebody's body on her former premises that when SHE last saw her daughter the girl was with the ex-boyfriend. Go through the entire opinions and find one single further iota of evidence! |
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| Sydney Carton | Feb 16 2009, 06:20 PM Post #11 |
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Dissent in Florida Supreme Court Would Grant Wayne Tompkins Hearing after "Bombshell Disclosure" by Jailhouse Informant Washington, D.C. –Florida may execute Wayne Tompkins soon despite new revelations that the state prompted a trial witness to lie. Tompkins was to be executed in Florida on October 28, 2008, but was granted a stay of execution to allow time for the state Supreme Court to review his case. On November 7, the court denied Tompkins' appeal, even though the court acknowledged that a state witness admitted to providing false testimony at Tompkins' original trial in 1985. Justice Harry Anstead dissented from the court's ruling and underscored the gravity of the new information: If a trial witness was fed information by the prosecution, it "could change the jury's entire evaluation of the case," he wrote. Tompkins was convicted of murdering his girlfriend's daughter, Lisa DeCarr, and burying her under a house in Tampa in 1983. He has always maintained his innocence. One of the key witnesses who testified against Tompkins was an inmate who shared a jail cell with him while Tompkins was awaiting trial. That inmate, Kenneth Turco, recently admitted that the prosecutor prompted him to give false testimony about the victim's purse during the trial. Turco claims that the rest of his testimony, in which he recounted an alleged confession by Tompkins, was true. Justice Anstead would have granted Tompkins an evidentiary hearing regarding what he called "flagrant misconduct" by the state. He said that the prosecutor's actions, if true, amounted to tampering with a witness. "Imagine here a jury already concerned with the credibility of a jailhouse snitch now being told that a critical part of his testimony was fabricated by the state's prosecutor," he wrote. "Surely, common sense would tell us this is the kind of 'bombshell' disclosure that could change the jury's entire evaluation of the case." (Tompkins v. Florida, Nos. SC 08-992, -1979, -2000, Nov. 7, 2008) (Anstead, J., dissenting in part). SC Unfortunately ,the other four judges lack common sense,and perhaps yet other moral qualities. |
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| Sydney Carton | Feb 16 2009, 06:47 PM Post #12 |
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More evidence we haven't heard yet. In fact why didn't we hear any of this at national level until six hours before the execution when it was no longer possible to launch a protest.Still,I want to thank the thirty or forty fellow bloggers here and elsewhere who got the appeal and managed to act. This from lethalinjection.com ation of the lethal injection issue in US Saturday, 22 November 2008 STATEMENT OF THE CASE AND FACTS - Wayne Tompkins - wrongful conviction STATEMENT OF THE CASE AND FACTS Factual Background On March 23, 1983, Lisa DeCarr and Kathy Stevens were expelled from school after they were discovered outside smoking under a tree. Lisa and Kathy were in special classes for emotionally troubled students. Pot was found in Kathy’s purse. Lisa was told that she could not return to school until she was accompanied by a parent. On the afternoon of the next day, March 24, 1983, Lisa’s mother contacted the police and filed a missing persons report. That police report is a two-page report dated March 24, 1983, at 5:30 PM.1 The first page lists the complainant, the date, and the time of the incident being reported. The “Date Time Occurred” showed “24 Mar 83 1330-1400.” The report listed Barbara DeCarr as the complainant/parent. On the first page of the report in the reconstruction section was handwritten, “Mrs. DeCarr stated her daughter ran away from home for no apparent reason.” The second page of the report listed Wendy Chancey as a witness. The report then contained the following in the narrative section: Compl. stated she last saw Lisa at the listed residence at the listed time. Compl. stated that everything was fine at home and has had no trouble with Lisa running away or anything. Compl. stated that Lisa was having some trouble in school but nothing to cause her to It is clear from the police report that Mrs. DeCarr reported Lisa missing within a couple of hours after she was last seen getting into a car. It is also clear from the police report that Mrs. DeCarr was aware of “some trouble in school.” runaway. Compl. checked was Lisa’s friends and school for information as to where she might be with negative results. Compl. stated that one of Lisa’s friends told her that Lisa asked about Beach Place, but Compl. checked with Beach Place with negative results. Compl. stated Lisa did not take any of her belongings and gave no indication of wanting to leave. Since Mrs. DeCarr was making representations to the police while filing a missing persons report, presumably she subjected herself to prosecution if the police report was false. Kist v. State, 787 So. 2d 106 (Fla. 2nd DCA 2001). School records reveal that there was a March 24th phone conference with Barbara DeCarr “who called to inform that Lisa had left.” This was the day after Lisa had been expelled and told that she could not return unless accompanied by a parent. The records also show that on March 25th, “mom says child ran away The report showed the “listed time” as 1:30-2:00 on March 24, 1983. The “listed residence” was shown as 1225 E. Osborne St. According to the report, Mrs. DeCarr last saw her daughter, Lisa, at 1:30-2:00 PM on March 24, 1983.2 The report further indicated that a witness, Wendy Chancey, stated “she observed Lisa get into the suspect vehicle at 12th St. and Osborne and was last seen heading north on 12th St.” The two-page police report indicated that Lisa was wearing “blue jeans, maroon shirt, diamond ring, cross earrings.” Implicit in the report was the fact that this was the attire Lisa was wearing at the time she was last seen by the complainant, Barbara DeCarr, when she last saw Lisa at 1:30- 2:00 PM. For over a year after this police report was dated, Mrs. DeCarr maintained that Lisa had run away. This was documented by numerous police reports.3 Det. Gullo logged calls from Mrs. yesterday (24th). Thinks child may be pregnant.” Similarly, records from the Missing Child organization indicated that Barbara contacted the organization on March 29, 1983, and reported Lisa as missing, saying, “She may be on drugs and she may be pregnant.” Barbara DeCarr did not mention to Det. Gullo, the policeman looking for Lisa, Lisa’s possible pregnancy until April 26th. DeCarr reporting that others claimed to have seen Lisa. However, she did not give a name for any of the individuals she said had told her they had seen Lisa after her disappearance. For example, the September 2, 1983, entry stated: I received a phone call from Mrs. DeCarr who stated that she was told by friends of Lisa that they had seen Lisa on East 7th Ave. at about 46th St. Lisa was standing in the Jewel “T” parking lot speaking with two or three other w/f’s. The informants told Mrs. DeCarr that Lisa might be living in a trailer park which is across the street. Mrs. DeCarr told the informants that they should call the police the next time they see her. Mrs. DeCarr was advised that they didn’t want to get involved with the police. The only name Mrs. DeCarr supplied Det. Gullo was when she indicated Kathy Stevens had reported that Lisa had called from New York. Yet when providing that information, Mrs. DeCarr misreported Kathy’s last name. She said Kathy’s last name was Sample. As a result, Det. Gullo did not locate Kathy. When she testified at trial, Mrs. DeCarr denied practicing witchcraft: “I am a Catholic.” (Id.) In her deposition, Barbara said her daughter would be lying if she had said that Barbara had engaged in sex acts with “little boys” (DeCarr depo. at 65). At trial, Judge Coe refused to allow Mrs. DeCarr to be asked about Detective Burke’s report dated June 22, 1984, noted that “Jenice DeCarr who is, the stepdaughter of Barbara DeCarr” stated, “that Barbara DeCarr was heavily into Witchcraft and while living in New York, Barbara participated in witchcraft to a great extent.” Jenice also reported “that her brother Harold DeCarr, Jr. was seduced by Barbara when he was 12 yrs. old.” Det. Burke noted that “this was confirmed by Harold as we were on a three party telephone conversation at the time. He stated that he was in fact, 12 yrs old when this took place.” Det. Burke reported that Michelle Hayes, “the sister to Lisa DeCarr and the daughter of Mrs. DeCarr,” made similar statements. Michelle “stated she knew of one time that her mother had at least three or four young boys in her bedroom locked up with her ranging from ages 12 to 14 yrs and that she knew that there was sex acts going on and that one of the subjs that was in the bedroom with her mother was Harold, Jr., her stepbrother. She stated that she is certain that they were involved in some type of sex act with their mother. She said it got so bad, that the 12 and 14 yrs old boys would get in a fight over who was to have her mother’s affections.” In the period between March, 1982, to June, 1984, Mrs. DeCarr had three other boyfriends in addition to Wayne Tompkins (R. 227). As to one, Gary Francis, she denied that she moved out of the trailer park because Gary had harmed Lisa (Id.). But Mrs. DeCarr did acknowledge that a man named Bob McElvin had propositioned Lisa, saying he would do “certain things for her for sexual favors” (Id.). Mrs. DeCarr found out in 1984 that Mr. Tompkins had gone to bed with another woman. However, in her testimony, she denied that she was angry over Mr. Tompkins’ affair with another woman (R. 237). her sexual relationships with 12 and 13 year old boys (R. 235).4 In May of 1984, while she was voluntarily committed in a mental hospital, Mrs. DeCarr contacted a psychic.5 Donald Snell testified at trial that he met Mrs. DeCarr in May, 1984 (R. 123- 24). Snell headed a volunteer group that located missing children, and employed the services of a psychic to do so (R. 124). A second meeting occurred in early June of 1984, when Mrs. DeCarr assigned him power of attorney to search for Lisa (R. Mrs. DeCarr and her family moved from that residence over a year before, weeks after Lisa disappeared. Tampa Police Department Sergeant Rademaker testified that Mrs. DeCarr told him that she believed the body “was someplace on the property and possibly under the house” (R. 170); even though this interview was conducted after the discovery of the body, “we didn’t tell her during the interview. We didn’t tell her until after we were sure what we had” (Id.) The medical examiner identified the body as being Lisa based upon information received from Barbara DeCarr. The trial prosecutor testified in 1989 that “[o]ther than Mrs. DeCarr’s description of the strange tooth in her daughter’s mouth” there was no basis for the dental identification (PC-R. 233). There was no way to determine how long the body had been in the grave, and that it is possible it could have been as little as six or seven months prior to June, 1984 (R. 191). When someone reached under the house, “the earth gave way” and “saw the bones” (R. 132). The depression was “on the right hand side under the front part, the front section, what was the porch” and was about “two to three feet under the house” (R. 133, 135). The police were then contacted (R. 135). Snell said that it was not difficult to go under the house to see where the depression was located, and that there were houses on both sides of the DeCarr residence, and people from those houses could see what they were doing (R. 138-39). Snell did not know if Barbara knew where the body was before he went there, but “just didn't believe that she was telling me the whole truth” (R. 138; 129). On or around June 6, 1984, Snell’s organization conducted a search of Barbara’s former house (R. 130-31).6 Snell recounted that “the house was raised in the front part” and when they looked under it, “we could see a depression which we were sure was a grave.” Id. 7 Benito first called Kathy Stevens on March 7, 1985. This was two days after Barbara DeCarr’s March 5th deposition in which she indicated she went to Mr. Tompkins’ mother’s house at “approximately 9:00 am.” (DeCarr depo. at 16). In her undated statement, she further indicated that Mr. Tompkins had already arrived at his mother’s house and “stayed at his mother’s house until approximately 10:00 am when he left to get some newspapers to pack dishes with.” In her deposition, she indicated Mr. Tompkins “could have been” gone “[t]wenty minutes, half an hour.” (DeCarr depo. at 20). He subsequently left again with his stepfather (DeCarr depo. at 21). Kathy’s new version of the facts included her sneaking into Lisa’s bedroom window at 6:30 AM on March 24th because she and Lisa were planning to run away after getting in trouble at school. In the early morning meeting, Kathy said that Lisa 40). After the body was found, Mrs. DeCarr told the police that Wayne Tompkins, her ex-boyfriend, was the last person to see Lisa alive on the morning of March 24, 1983, the day she disappeared. Based upon Mrs. DeCarr’s claims and the discovery of the body, Mr. Tompkins was indicted. In early 1985, Mrs. DeCarr was deposed by Mr. Tompkins’ counsel. Immediately afterwards, the prosecutor, Mike Benito, started looking for more evidence or another witness. He contacted Kathy Stevens in March of 1985.8 At first she maintained that her statements to school officials were true, that Lisa had runaway to New York and kept in touch with Kathy. Kathy said that after laying awake and talking to her pillow, she called the prosecutor. After she was given authorization to visit a boyfriend who was incarcerated, she changed her story and claimed that she witnessed Lisa being strangled by Mr. Tompkins on the morning of March 24, 1983, at around 8:30 AM.9 announced she was not running away after all. So Kathy left. Later, she realized that she left her purse and had to go back to get it. When she got there at around 8:30 AM, the front door was open. She went in and saw Mr. Tompkins strangling Lisa. Lisa called out for her to call the police. But instead, she went to the nearby store and ran into Lisa’s boyfriend, Junior Davis. When she told him what she had just witnessed, he seemed unconcerned. So, Kathy put the incident behind her and went to school. In her trial testimony, Kathy said that she went back later to get her purse with her girlfriend, Kim Lisenby. It was then Kim who knocked at the door, not Kathy, and may have spoken with Mr. Tompkins. Kathy indicated that this conversation was between Kim and Tompkins while she “was at the corner waiting.” She stated, “I did not hear it” (Stevens depo. at 14). In her deposition, Kathy gave a different version. There, she said that Kim Lisenby was with her when she saw Lisa being strangled. After Lisa told her to call the police, she “grabbed [her] purse and [ ] left.” (Stevens depo. at 10) “I shut the door. And I told Kim, I said, ‘Come on, Kim we got to call the police.’ She said, ‘Don’t get involved.’ And I said, ‘Why?’ And she said, ‘Because you don’t need to.’ And I said, ‘Okay.’ And I went to the store and that’s when I ran into Junior.” Id. In her deposition, Kathy indicated that she “grabbed her purse” when she left at 8:00 am. (Stevens depo at 10). She also indicated that after she talked to Junior, “me and [Kim] went back to the school. I cleaned out my locker, and I went to my stepmother’s and sat on her porch until she got back. And then I met Kim at school at 2:00 o’clock. And she cut class. And we went to go check on Lisa” (Stevens depo. at 14). “It takes about twenty minutes to get from the school to her house. It was about 2:20, 2:30, something like that.” Id. Kathy Stevens’ deposition occurred on June 12, 1985. Kenneth Turco’s deposition occurred on July 15, 1985. At that time, he said that in late June, 1985, he first talked to Wayne Tompkins about his case, and that about a week and a half before the deposition, Mr. Tompkins confessed to him (Turco depo. at 8). Thereafter, the prosecutor located a jail house informant, Kenneth Turco, who claimed that Mr. Tompkins had confessed to the murder.10 Mr. Turco’s testimony so matched Kathy Stevens’ story that defense counsel argued that the informant had obtained access to Ms. Stevens’ deposition or statement and used it to Kenneth Turco was serving a 30-year prison sentence for burglary and grand theft (R. 301-02). Turco also had been previously convicted of grand theft, forgery, and burglary (R. 302). Turco acknowledged that there was a confidential informant system in prison and he had been part of that for the last 4 or 5 years, and that he was “trustworthy” (R. 317). When he was in jail with Mr. Tompkins, he had just entered a guilty plea on an escape charge (R. 303). He was waiting to be sentenced (R. 304). While in the jail, he made contact with Wayne Tompkins after he “was placed in the cell with him” (R. 305). After his contact with Mr. Tompkins, Turco contacted prosecutor Benito, who visited him personally, and promised only “my safety in the jail and that [he] would tell the judge at my sentencing hearing that I cooperated and I came forward and testified in a murder trial” (R. 311). Turco testified that he was not hopeful that his testimony would help him on the escape sentence because he would still be doing time anyway (R. 315). However, it had crossed his mind that his testimony would help him (Id.). In 1989, Mike Benito, Mr. Tompkins’ prosecuting attorney, testified that he took over Turco’s prosecution two weeks after Wayne Tompkins’ sentence of death. He explained, “I walked down to court. I was about to offer Mr. Turco a negotiation. I got in here and I looked at Mr. Turco and I said, ‘This guy showed a lot of guts coming forward as a jailhouse informant to testify as to what Mr. Tompkins told him.’” (PC-R. 235). So, Benito “got up and walked down here and announced the case, and said, ‘I nol-pros it.’” A grateful Turco “looked at [Benito] like he had just been handed his first bicycle at Christmas.” (PC-R. 236). mold his testimony.11 Following Kathy Stevens report that she witnessed Mr. Tompkins’ strangling Lisa at around 8:30 AM, Mrs. DeCarr was able to remember that contrary to her earlier statements that she had left the house before 8:30 AM, and at that time Mr. Tompkins was still there, as was Lisa. This statement contradicted Mr. DeCarr’s prior statements to police. Previously, her recollection was that Mr. Tompkins left to take one of her sons to school and Mrs. DeCarr’s shifting the time line of her account was necessary because her previous story made Kathy’s story impossible (between 8:00 AM and 9:00 AM, Barbara had said she was home and Mr. Tompkins wasn’t and that he did not return to the house until after 10:00 AM, while Kathy said before going to school at 8:30 AM or so she saw Mr. Tompkins was assaulting Lisa on the couch). Although it presented eight witnesses at trial, the State advised the jury that “the key testimony will come from three [] witnesses”--Barbara DeCarr (the victim's mother), Kathy Stevens (the victim’s best friend), and Kenneth Turco (the jailhouse snitch)--and that “[t]hose three will provide the overwhelming evidence” that Mr. Tompkins killed Lisa DeCarr on the morning of March 24, 1983 (R. 108). The jury did not learn of the information provided Mrs. DeCarr and Wendy Chancey to a police officer regarding their observations of Lisa on the afternoon of March 24, 1983, which was inconsistent with the testimony of Kathy Stevens, Barbara DeCarr, and Kenneth Turco. According to an undated typed statement of Mrs. DeCarr that was provided to the police before Kathy Stevens claimed to have witnessed Mr. Tompkins strangling Lisa. In that statement, Mrs. DeCarr said, “Wayne had taken Jamie (my youngest son) to school just before 8:00 a.m. and then went to his mother’s house for breakfast and coffee. He stayed at his mother’s house until approximately 10:00 a.m. when he left to get some newspapers to pack dishes with.” wasn’t home when she left after 9:00 AM.12 At trial,13 Wendy Chancey was unavailable and defense counsel was precluded from cross-examining Mrs. DeCarr regarding the statements attributed to her in the March 24, 1983, police report.14 The State’s theory of the case was outlined in its opening statement. According to the State, Wayne Tompkins and At the 1989 hearing, the trial prosecutor, Mike Benito, confirmed that his theory was that the offense occurred at about 9:30 or 10:00 a.m. on that date (PC-R. 87). Mrs. DeCarr were boyfriend and girlfriend in March of 1983. Mr. Tompkins was living with DeCarr, along with her three children, including 15-year old Lisa (R. 107-08). On the morning of March 24, 1983, Barbara went to Mr. Tompkins’ mother’s house to help her move; before she left the house between 8:30 and 9:00 AM, she checked in on Lisa, who was in bed and was wearing a pink bathrobe (R. 110). After Barbara left, Kathy arrived somewhere between 8:30 and 9:00 AM and saw Mr. Tompkins strangling Lisa.15 During Mr. Tompkins’ trial, the prosecutor relied upon Stevens’ testimony to urge the jury to convict Mr. Tompkins, arguing, “[h]er testimony alone . . . convicts this man” (R. 346; see also R. 346-49, 360). The prosecutor relied upon Stevens’ testimony to urge the jury to recommend a death sentence (R. 444- 45). Thereafter, the jury convicted and recommended a sentence of death. The trial judge relied upon Stevens’ testimony to support the “committed during a felony” aggravating circumstance (R. 679). In the course of the collateral proceedings, withheld exculpatory evidence has surfaced, along with witnesses and documents that were not presented by the defense which demonstrate that Kathy’s story - the basis of the prosecution’s theory of the case - could have been thoroughly impeached and shown to not be true. For example, in 2001, the State disclosed a June 8, 1984, police report concerning an interview of an individual named Maureen Sweeney taken on June 8, 1984, at 2130 hrs: SWEENEY advised that it was very strange the explanation given surrounding LISA'S disappearance. She advised that she was told that LISA had come home, found Wayne sitting at the kitchen table with her mother and asked 'what the hell is he doing here!' Her mother, BARBARA, explained that he had no place to go and that she was going to let him move in with them, until he could get on his feet. At that point LISA ran out the back door. According to MAUREEN it was very unusual for LISA to be outside without her makeup and supposedly she had been outside then come back inside and then gone out again without her makeup. Lisa's brother BILLY left the house to go find her and came back to take care of JAMIE. The sequence of events that Sweeney reported is consistent with what Mrs. DeCarr had told the police on March 24, 1983, and is inconsistent with the State’s theory of the case, that murder occurred between 8:00 and 9:00 AM on March 24th. It was only during the post-conviction proceedings that Mr. Tompkins or his counsel learned that the prosecutor had written file memos memorializing Kathy’s statements to him when he first contacted her and memos from when she changed her story. It was only after receiving this memos that Mr. Tompkins learned that Kathy Stevens, a mentally troubled teen, was given access to her incarcerated boyfriend who she had not been allowed to see until after she changed her story and incriminated Mr. Tompkins. Similarly, Kathy Stevens’ testimony was contradicted by “Junior” Davis, Lisa DeCarr’s boyfriend at the time of her disappearance, when he was located in 2002. After years of searching and after the State finally provided previously undisclosed documents about Davis in 2001, Mr. Tompkins’ counsel located “Junior” Davis in April of 2002. “Junior” Davis’s full name is James M. Davis, Jr. Upon being contacted, Mr. Davis reported that he had been Lisa DeCarr’s boyfriend in March of 1983. In a sworn affidavit, Mr. Davis stated, “[t]he story of Kathy running into me at the store the day Lisa disappeared is not true. If anyone had told me that Wayne was attacking Lisa and she was screaming for someone to call the police, I would have gone directly there” (Affidavit of James M. Davis, Jr., paragraph 6, 4PC-R. 130). Mr. Davis elaborated: If I thought there was anyway I could have helped [Lisa], I would have, especially if she were in trouble. This is why what Kathy said is not true. I never saw Kathy on the morning that Lisa disappeared, nor did Kathy ever tell me that she had just seen Lisa being attacked by Wayne. In fact, the first time I heard of anything having possibly happened to Lisa was when I heard on the radio she was missing. (Affidavit of James M. Davis, Jr., paragraph 8, 4PC-R. 130). In addition, on October 10, 2008, Mr. Tompkins obtained an affidavit from Kimberly Quillin, formerly known as Kim Lisenby. In this affidavit, Ms. Quillin provided additional impeachment evidence which the jury never heard: Sworn Affidavit of Kimberly Quillin State of Florida ) ss County of Hillsborough ) Before me this day personally appeared Kimberly Quillin who being duly sworn, hereby deposes and says: 1. My name is Kimberly Quillin and I reside in Tampa, FL. 2. In 1983 I went by the name of Kim Lisenby and attended Middleton Junior High. 3. In March 1983 I do not remember anyone by the name of Kathy Stevens aka Mamroe aka Sample. 4. In March 1983 I do not remember anyone by the name of Lisa DeCarr. 5. I remember that while attending Middleton Junior High, a rumor that a body was found under a house. 6. In 1983 school started at 8:00 AM and I would have been on the bus from 7:15 AM to about 7:40 AM. 7. I do not remember any police officer, investigator, or anyone else speaking to me about this matter. 8. In 1989, I was married and using the name Kimberly Kuhnie and moved to Washington. ______________________ Signature of Affiant Throughout the history of this case, Mr. Tompkins has maintained that he did not commit the murder for which he stands convicted. He has always maintained his innocence. Procedural History Mr. Tompkins was indicted for first-degree murder and pled not guilty. Trial commenced September 16, 1985, and a jury found him guilty (R. 401). Following a penalty phase, the jury recommended the death penalty, and the judge immediately imposed a sentence of death (R. 678-81). The conviction and sentence were affirmed. Tompkins v. State, 502 So. 2d 415 (Fla. 1987), cert. denied, 483 U.S. 1033 (1987). After a death warrant was signed, a The circuit court also found, as a matter of fact, that Mr. Tompkins had exercised due diligence. The delay in presenting the issue was attributable to the State’s failure to disclose that the ex parte contact had occurred until in March of 2001. motion to vacate was filed and an evidentiary hearing was conducted. Though the circuit court found trial counsel’s performance was deficient, relief was denied. This Court stayed the execution and later affirmed the denial of relief. Tompkins v. Dugger, 549 So. 2d 1370 (Fla. 1989). After a second death warrant a federal habeas petition was filed, and the federal district court stayed the execution. An amended petition was subsequently filed, and denied. On appeal, the Eleventh Circuit affirmed. Tompkins v. Moore, 193 F.3d 1327 (11th Cir. 1999), cert. denied, 121 S. Ct. 149 (2000). In March of 2001, a second death warrant was signed for Mr. Tompkins’ execution. Thereafter, Mr. Tompkins filed a second motion to vacate in which he challenged his conviction and sentence of death. The circuit court summarily denied guilt phase relief, but granted an evidentiary hearing on Mr. Tompkins’ challenge to his death sentence. At the conclusion of the hearing, the circuit court vacated Mr. Tompkins’ sentence of death and granted a resentencing. The circuit court found, as a matter of fact that the judge had engaged in ex parte contact with the prosecutor as to the preparation and the content of his sentencing order imposing a sentence of death.16 Both parties appealed. This Court reversed the circuit court’s order granting a resentencing and affirmed the denial of guilt phase relief. Tompkins v. State, 872 So. 2d 230 (Fla. 2003). As to the ex parte contact between the sentencing judge and the prosecuting attorney, this Court said that Mr. Tompkins had failed to demonstrate that the ex parte contact rendered the judge something other than neutral and detached. In its October 9, 2003, opinion, as revised on April 22, 2004, this Court stated: “Based on the foregoing, we affirm the trial court’s summary denials of Tompkins’ Brady claims and affirm the trial court’s denial of Tompkins motion for DNA testing and motion to compel the production of public records. However, we reverse the trial court’s order granting a new penalty phase trial and reinstate the death sentence. The stay of execution is dissolved effective 30 days after this decision becomes final.” While that appeal was pending, Mr. Tompkins filed another Rule 3.850 motion with the circuit court based upon Junior Davis’ affidavit. The circuit court dismissed the motion finding that it lacked jurisdiction during the pendency of the previous appeal. Mr. Tompkins appealed. This Court affirmed, but granted Mr. Tompkins “60 days to refile his successive postconviction motion nunc pro tunc to February 5, 2003, the date the prior motion was filed in the trial court.” Tompkins v. State, 894 So. 2d 857 (Fla. 2005). Thereafter, Mr. Tompkins refiled his 3.850 motion. The circuit court denied the motion and Mr. Tompkins again appealed. On May 10, 2007, this Court issued an opinion affirming This Court held in Tompkins v. State, 894 So. 2d 857 (2005), that a circuit court lacked jurisdiction to consider a Rule 3.851 motion while an appeal is pending in this Court as to a previously filed Rule 3.851 motion. Accordingly, Mr. Tompkins was not in a position to file the lethal injection Rule 3.851 motion until the mandate issued and returned jurisdiction to the circuit court. the denial of 3.850 relief. Tompkins v. State, 980 So. 2d 451 (Fla. 2007). Mr. Tompkins filed a motion for rehearing which was denied on July 16, 2007. The mandate issued, returning jurisdiction to the circuit court on August 2, 2007. On August 16, 2007, Mr. Tompkins filed another Rule 3.851 motion in circuit court.17 Included within this motion was a challenge to Florida’s method of execution in light of the Angel Diaz execution. The circuit court summarily denied the motion on March 18, 2008. Mr. Tompkins’ motion for rehearing was denied on April 7, 2008. Mr. Tompkins filed a notice of appeal on May 7, 2008. A brief was filed in support of that appeal on October 23, 2008. On October 2, 2008, the Governor re-scheduled Mr. Tompkins’ execution for October 28, 2008. On October 6, 2008, this Court stayed the execution. On October 7, Mr. Tompkins served public records requests under Rule 3.852 on the Department of Corrections (DOC) and the Florida Department of Law Enforcement (FDLE). These requests sought records about the recent executions carried out by the State of Florida. On October 8, Mr. Tompkins served public records requests under Rule 3.852 on the Governor’s Office and upon the Office of the Attorney General. These requests sought records of communications concerning Mr. Tompkins’ death warrant that had been signed in March of 2001. On October 10, the circuit court conducted a status hearing. On October 10, FDLE provided Mr. Tompkins with its response objecting to the public records request. On October 13, DOC provided Mr. Tompkins with its response objecting to the public records request. On October 14, the Governor’s Office turned records over to Mr. Tompkins in compliance with his public records request. On October 14, the Attorney General’s Office turned records over to Mr. Tompkins in compliance with his public records request. On the morning of October 15, Mr. Tompkins served and filed a motion to vacate pursuant to Rule 3.851. Thereafter, the Attorney General’s Office disclosed additional public records. Later in the afternoon, the State served and filed its response to the Rule 3.851 motion. At 4:30 PM, the circuit court conducted a case management hearing. At the conclusion of the hearing, the presiding judge indicated that he would have his rulings out by the end of the week. On October 16, this Court entered an order directing the circuit court to advise the Court of the status of the circuit court proceedings by 4:00 PM on Monday, October 20th. On October 16, the circuit court entered an order sustaining the objections made by DOC and FDLE to Mr. Tompkins’ public records request. On October 17, the circuit court served a status report indicating that the parties had until the afternoon of October 20th to submit additional pleadings. On October 20, Mr. Tompkins filed a supplement to his Rule 3.851 motion in which he addressed the public records provided to him on October 15, after he had submitted the Rule 3.851 motion. Later on October 20, the State filed a response to the supplement. At approximately 4:30 PM on October 21, the circuit court entered its order summarily denying Mr. Tompkins’ Rule 3.851 motion. On the morning of October 22, Mr. Tompkins submitted his notice of appeal. This brief addresses the issues presented by that appeal. Posted by sisselnor |
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| Bill Anderson | Feb 16 2009, 07:59 PM Post #13 |
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Well, the last thing the State of Florida wants is real evidence. They already have made up their minds, and they don't want to be bothered by facts. I remember when the Massachusetts Supreme Court denied an appeal to the Amiraults in the Fells Acre Case, a real travesty. The court agreed that they had been railroaded and that there were a lot of questions in the case. However, the court also said that we needed "finality" in this one, so appeal denied. In other words, "We don't give a damn about justice. We just want to wash our hands of it." But, then, what else can we expect from a state that gives us Wendy Murphy?
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7:36 PM Jul 10