6 20 256 https://www.hist299.umwhistory.org/files/original/5fe4ea7bd534b6bde57c15ed3cd63a9e.jpg 4b06102c8dd40898dd3ad057257f67c5 https://www.hist299.umwhistory.org/files/original/20bf2d566faeb61a3ad42ac5b89b641c.jpg b880fe8945e78a1c12f7f15e7e139547 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document Two state prosecutors have dusted off an old tool -- the grand jury -- to help them determine whether homicide charges should be filed in five recent cases. Some see the grand jury as a rubber stamp for a prosecutor who wants to justify a charge. Others see it as a way for prosecutors to tap community sentiment in deciding standards of conduct. Either way both State’s Attorneys William Sorrell in Chittenden County and Howard Vanbenthuysen in Franklin county say they won’t hesitate to use grand juries again. Sorrell used it four times in recent weeks. The results: one indictment for first-degree murder; four indictments for manslaughter, and one finding of justifiable homicide. VanBenthuysen used it last week to obtain a manslaughter indictment. Supporters if the system say grand juries give prosecutors an independent sounding board on the validity of charges. The process allows for review by a neutral party of cases that could be seen as politically motivated or sensitive. While a deputy prosecutor, VanBenthuysen helped in a 1985 Franklin county grand jury that reviewed alleged police misconduct. Critics contend that a prosecutor can lead a grand jury to an intended conclusion. No judge is present when a grand jury convenes, and prosecutors may present what information they choose. Robert Andres, who represents a Burlington man indicted by a grand jury, last week was critical of Sorrell for spending time and money to seek the three manslaughter indictments when the State’s Attorney’s Office had authority to file the charges. Grand jurors are paid $30 per day and 25 cents per mile for their services -- the rate of pay for a trial juror. Others note grand juries have enormous power because they may subpoena additional witnesses and start investigations into new cases. Grand jurors, unlike jurors at trials, may ask questions during the closed-door sessions. Defense lawyer Peter Langrock, who served on an American Bar Association grand jury reform committee, said the intent of the grand jury was good. “Historically grand juries were meant to act as a buffer between the … prosecutors and the rights of the individual,” Langrock said/ “As of late they have turned out not to fulfill that function but to be a mere tool of the prosecution.” He said the system is difficult for defendants because a lawyer is not allowed at the hearing. “If you’re representing somebody who’s subpoenaed … as a target you have to make a choice whether to let them go in on their own or refuse to let them testify. Neither solution is a very good one,” Langrock said. Langrock refused grand jury testimony by his client Robert Bizon of Clarendon, who was charged in the shooting death of a teen-ager Bizon caught in his garage. The grand jury indicted Bizon, but he was found innocent Thursday in Rutland Superior court. Abuses seen elsewhere Professor Michael Mello of the Vermont Law School said he has seen grand jury abuses in Florida while a public defender and in Washington, D.C., as a private lawyer. Since arriving in Vermont, however, he said he has been impressed by what appears to be the independence of Vermonters serving on grand juries. “My neighbors would not be swayed by a prosecutor,” said Mello, who noted indictments do not appear to be automatic in Vermont. Burlington attorney Norm lais knows what Mello means. After a grand jury refused to issue an indictment in October for a homicide, Blais praised Sorrell for his handling of the case. Burlington lawyer Jerome F. O’Neill, who worked in the U.S. Attorney’s Office for 8 ½ years, said indictments are not automatic, even in the federal system. He said he could recall at least two cases where the government thought an indictment was worthy, but the grand jurors refused to indict. VanBenthuysen said it makes little sense for a prosecutor to manipulate the grand jury. If a conviction cannot be obtained, why bring an indictment? He asked. A grand jury in state court normally consists of 18 to 23 residents from the county where an alleged crime occurred. At least 12 have to agree on any decision. A grand jury decides whether charges should be brought after hearing sworn testimony behind closed doors. It may determine how serious the charge will be -- first-degree murder, second-degree murder, or manslaughter. Thomas Lehner, the Vermont Court administrator, said the grand jury is still in use in some states, but many abandoned the system because of abuses in the 1940s and ‘50s. In Vermont, grand juries fell into disuse years ago The last to go were those concerning homicides; They disappeared a dozen years ago. The grand jury was created in the United States with the ratification if the Fifth amendment 200 years ago this month. Grand juries were important in Vermont’s early days because state’s attorneys weren’t always lawyers, according to Albert Barney, retired chief justice of the Vermont Supreme Court. The grand jurors saw themselves as having equal power, Barney said. Other values O’neill said there is a positive side-effect to grand juries. He said he found that grand jurors came away with a better understanding and a deeper appreciation for the criminal justice system. “They also get an understanding about the extent of crime in Vermont,” O’Neill said. The grand jury provides a valuable way to obtain or preserve testimony. “It was a very legitimate way to obtain testimony from those who did want to testify,” O’Neill said. He said witnesses may be subpoenaed if they refuse to speak to investigators. The testimony is provided under oath, thus exposing the witnesses to a perjury charge if they lie. O’Neill said the grand jurors can tell you if you have a problem or a hole in your case. Jurors take on homicides The grand jury actions in Vermont Superior Court during the past three months include -Sept. 12: A first-degree murder charge against Rebecca S. Durenleau, 39, of Franklin. She is accused of aiding a boyfriend in the killing of her husband outside an Essex Junction bar. She allegedly assisted Harmon Olmstead by setting up Michael Durenleau to be killed July 12, 1985, outside Veronica's Tavern on Park Street. -Oct. 1: An involuntary manslaughter charge against Rebecca Anne Emmons, 18, of Burlington in the May death of her 11 1/2 -month-old baby. Scot A. Bombard Jr. died in the Medical Center Hospital of Vermont for a head injury. -Oct. 30: A ruling of justifiable homicide in the June 15 fatal shooting of John Darling, 20, said he shot his older brother by accident. He said he was trying to protect his 14-year-old brother, Joel, from John Darling. The jury voted 15-5 that it was not a criminal act. -Dec. 4: Three involuntary manslaughter charges against Stephen Converse Brooks, 37, of Pearl Street in connection with the carbon monoxide poisoning of three people at his former home in December 1988. The indictment came less than a week before the statute of limitations would have expired. A pregnant woman, Linda Cifarelli, 26, her husband, John, 34, and their daughter, Nina, 23 months, were found dead in the house Dec. 10, 1988. -Dec. 5: An involuntary manslaughter charge against Brain Draper, 1, of Highgate for the Oct. 17 fatal shooting of a Franklin County farmhand. Michael Pigeon, 16, was shot in the head at the farm off Tarte Road in Highgate. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Goad, Samuel Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Grand Jury Sees Action Description An account of the resource In recent months, the court system in the state of Vermont has seen a revival of the Grand jury. While the practice of calling for a Grand jury is legitimate, some question whether affording the prosecution such a powerful tool to indict does not overstep the boundaries of prosecutorial misconduct. Several lawyers, officers, and experts argue the implications of this new wave of Grand jury indictments. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Burlington, VT Creator An entity primarily responsible for making the resource Donoghue, Mike Source A related resource from which the described resource is derived The Burlington Free Press Date A point or period of time associated with an event in the lifecycle of the resource 1991-08-12 Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Subject The topic of the resource Grand jury--United States Legal aid Prosecutorial misconduct https://www.hist299.umwhistory.org/files/original/224480f62d56f5fc96230d320016dcf2.jpg 42f3b1ac17fa930b605e1a279f45ef42 https://www.hist299.umwhistory.org/files/original/85d2cf1352f81834b2c7ff20d8b08fee.jpg 810a54f615ba27aca8883eb2eb3e333d Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Magazine Contributor of the Digital Item Person submitting the digital item to the collection. Burrows, Courtney Text Any textual data included in the document The U.S. Supreme Court rejects a key challenge to capital punishment. In Illinois last week, 105 inmates sat on death row, only one facing a likely execution before 1989. In California, 171 killers waited to walk the Last Mile, but only one is close to going to the gas chamber this year. In Florida, the nation’s largest colony of the condemned held 268; none had a set appointment to die. And even in Texas, where capital punishment has been used most often recently, 250 convicted murderers were just marking time in their cells: the state averages but one execution a month. After 11 years of work, lawyers, courts, and killers have managed to create a system of capital punishment that satisfies no one. Proponents write stern statutes, win convictions and then watch the expanding gridlock on death row. Abolitionists anguish over public opinion and unyielding laws yet succeed in blocking most executions because of flaws in the state’s case or procedures. Families of victims have neither peace nor vengeance; killers, no certain punishment; justice, no resolution. This erratic system appears certain to continue staggering on for at least a few more years despite a landmark U.S. Supreme Court decision last week. By a 5-4 vote, the justices rejected a challenge by condemned killer Warren McCleskey to Georgia’s death-penalty practices. McClesky, a black man who killed a white cop, based his claim on a statistical finding that in Georgia, killers of whites were four times more likely to be sentenced to die than killers of blacks. The argument had broad implications: three quarters of the 1,874 inmates on death rows nationally killed whites, so a decision for McCleskey could have arguable barred most executions for the rest of the decade. Writing for the majority, Justice Lewis F. Powell Jr. concluded that McCleskey’s numbers alone did not prove enough to validate Georgia’s death penalty. While acknowledging that the statistics “indicate a discrepancy that appears to correlate with race,” McCleskey had no clear evidence that he was a victim of racial bias. “Apparent disparities in sentencing are an inevitable part of our criminal justice system,” Powell wrote. “Despite these imperfections our consistent rule has been that constitutional guarantees are met” with procedural “safeguards” that make trials “as fair as possible.” Tired of the pleas to strike down the death penalty, Powell pointedly invited opponents to bring their statistical arguments to the state legislatures-and not judges. The dissenting opinions by four justices- William J. Brennan Jr., Thurgood Marshall, Harry A. Blackmun and John Paul Stevens- were significant for two reasons. First, there was the expected debate with the majority over the case itself, with the dissenters insisting that McCleskey’s evidence was stronger than the court had required in other cases. “Surely,” declared Brennan, “we should not be willing to take a person’s life if the chance that his death sentence was irrationally imposed is more likely than not.” Blood bath: Second, and symbolically important, the four justices held that the capital-punishment system appeared impermissibly stained by racial bias. The process, concluded Brennan, “reflects a devaluation of the lives of black persons.” That’s an unusually powerful statement, and one that could echo in later cases. The decision but McCleskey and a handful of other inmates-mostly in Texas-in immediate peril. An execution date for McCleskey may be set within the next month, with a few others to follow. “Everybody was really waiting for this case,” says a Georgia Department of Corrections spokesman, John Siler. “We even had one stay of execution for a white guy with a white victim.” But if the wait is over, neither side is predicting an imminent blood bath. Instead, most experts predict a gradual increase in executions-one much slower than the population explosion on death row-and a shift in the legal fight from broad challenges like McCleskey’s to case-by-case combat. More pleas: On the same day as the McCleskey decision, the justices themselves showed they were open to minimalist approach. In a Florida case, they unanimously ruled that a trail judge had improperly prevented killer James Ernest Hitchcock from pleading “mitigating circumstances” to the jury. There was no question of Hitchcock’s guilt. He was sentenced 11 years ago, but now he will wait for a new sentencing hearing in front of a jury and, even if he loses, he will be entitled to another round of appeals. Two dozen other death-row inmates will piggyback on Hitchcock’s success and will likely ask for new hearings as well. But that victory came too late for Ronald Straight. Lawyer Michael Mello, who spent several years in Florida specializing in death-penalty cases, last year tried to postpone Straight’s execution by arguing a claim similar to Hitchcock’s. Mello lost. “I had an awful time getting to sleep last night thinking about Ronald Straight,” Mello said last week. “It’s exactly what’s wrong with the death penalty.” Straight could have won a hearing under last week’s ruling. “Now he’s dead.” The increased emphasis on individual appeals will put more pressure on one of the weakest links in the system: the shortage of lawyers to handle the appeals. Their efforts are not frivolous foot dragging; according to Columbia University law professor Jack Greenberg, a leader of the anti-death-penalty movement, courts reversed about 45 percent of the death sentences they reviewed between 1982 and 1985. Many of those cases were handled by legal-aid or volunteer lawyers. But the burden is considerable: a survey by Boston lawyer Bob Spangenberg found that a lawyer devotes 2,000 hours and spends $30,000 out of pocket on an average appeal. Groups like the American Bar Association are trying to attract new recruits and encourage states to support such appellate work. And courts are beginning to worry about the quality of the lawyers handling death-row appeals. A federal appeals panel in Florida and a federal trial judge in Virginia have sharply criticized the haphazard quality of the volunteer systems. On capital punishment, no problem ever seems to be fully addressed. Already, strategists are looking for ways to differentiate their appeals from McCleskey’s. In a Utah case, for instance, lawyer Timothy Ford wants to present evidence of discrimination based on the defendants race rather than that of the victim, since blacks and Hispanics make up a disproportionate percent of the population on death row (chart). And in California, lawyers are discussing whether a McCleskey-style case might work as a state constitutional claim, a long shot given the appointments to the bench by conservative Gov. George Deukmejian. “Surely there will be other issues, some we have not dreamed of,” says Steve White, California’s chief assistant attorney general. In the meantime, a flawed system will continue to blunder along. Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Gridlock on Death Row Source A related resource from which the described resource is derived Newsweek Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1987-05-04 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Subject The topic of the resource Death row Supreme Court decisions--2000 Capital punishment--Cases Description An account of the resource This Newsweek article uses the failed death row appeal of Warren McClesky by the Supreme Court to bring up complicated issues surrounding capital punishment. Writers argue that the Supreme Court and most in the legal system admit there is racial bias involved when giving someone the death penalty. Even when people are on death row, they rarely are killed immediately or at all. The writers argue that amending the death penalty involves a complex case-by-case process that faces challenges of racial discrimination and lack of appeal lawyers. Creator An entity primarily responsible for making the resource McDaniel, Ann Calonius, Erik Raine, George Smith, Vern Murr, Andrew Shapiro, Daniel Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant United States appeal lawyers appeals capital punishment Death Row Justice Lewis F. Powell Jr. lawyers McCleskey Michael Mello racial bias racial discrimnation Supreme Court https://www.hist299.umwhistory.org/files/original/ddd8b810aa9b1c0257a185eb73c81ea3.jpg 437c0f4bcd01a189dfc1106144026903 https://www.hist299.umwhistory.org/files/original/de7ef593840f8d9a08a767c458ee2efd.jpg 0e1a266dae62230697bb9923702dddd7 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document BOYDTON, Va. – Small wonder that Joseph M. Giarrantano was feeling depressed. He had just spent another sleepless night on death row composing the arguments that he hoped would keep him from the electric chair. With his last appeal coming up before the U.S. Supreme Court, Giarratano, 33, a convicted murderer and legal scholar whose case has become and international causee celebre, is increasingly haunted by his impending execution. “It’s not so much that I’m scared to die,” Giarratano said as he sat handcuffed in a visiting cell at the Mecklenburg Correctional Center last week. “But the whole death ritual – of being moved into this cell, strapped into a chair, and fried to death – that’s frightening, and I don’t know how I’m going to deal with that.” Two factors make Giarratano’s case unusual. The first is the former junkie’s transformation into a respected jailhouse lawyer who has won important prisoners’ rights cases and serves as a consultant to lawyers in capital cases nationwide. The second is the discovery of evidence that casts doubt on Giarratano’s guilt in the murder of a 44-year-old Norfolk woman and the rape and murder of her 15-year-old daughter – evidence the courts have declined to consider because of procedural technicalities. The result, Giarratano’s supporters fear, is that a possibly innocent man – whose rehabilitation is virtually unquestioned – may be put to death. “It would be an extraordinary tragedy, really just an incredible loss – personally to me, but really to the legal community and to Virginia,” said Michael A. Mello, an assistant professor at Vermont Law School in South Royalton, Vt. “Joe is a person who has made one of the most remarkable metamorphoses of any person I have ever known,” said Richard H. Burr 3d of the NAACP Legal Defense and Education Fund, one of Giarratano’s lawyers. “I don’t know of another case that has gone to the Supreme Court that presents more serious questions about innocence.” But Bert L. Rohrer, a spokesperson for Virginia Attorney General Mary Sue Terry, who has successfully opposed Giarratano’s bid for a new trial, said last week that rehabilitation was “really not an issue to us.” “We have taken the position… that there is no new evidence,” only “old evidence in new wrapping,” he said. Giarratano, a sometime scallopboat worker who says he spent years in a cocaine- and Dilaudad-inducaed haze, fled to Florida and turned himself in to Jacksonville police in 1979. He said he had found Barbara Kline, known as Toni, and her daughter, Michelle, dead in the apartment that he shared with them and believed he had committed the murders. Giarratano gave police five conflicting confessions and turned down an offer of a life sentence in return for a guilty plea because he felt he deserved to be executed. Despite a suicide attempt, he was judged competent to stand trial, convicted and sentenced to death after a morning long, non-jury trial. Giarratano, who was given the powerful tranquilizer Thorazine by prison authorities, said he had little will to live and kept dropping his appeals. In 1983, tormented by voices in his head, he let himself come within 24 hours of being electrocuted. “I had just given up completely. [I believed] I was rotten, evil, sick individual, and I deserved to die,” he said. “What I didn’t count on happening was Marie Deans.” Deans, now executive director of Virginia Coalition on Jails and Prisons, which provides legal assistance to indigent inmates, told Giarratano that his life “was worth living, that I was worth something,” he said. “That’s something I had never heard from anybody.” As Deans gained his trust, he revealed horrific details of his childhood in Jacksonville. “Both myself and my sister were sexually abused by my stepfather. Both of us were physically abused by my mother,” Giarratano said last week. “And the abuse was rough – she would use things like cattle prods. I got the hell beat out of me with a steel-handled broom for buying the wrong brand of potato chips.” By age 11, he had begun a descent into alcohol and drug addition. He quit school in the eight or ninth grade. At 15, after slashing his wrists and attempting a drug overdose, her was hospitalized, he said. At 17, to punish him for escaping from reform school, Giarratano was sent to prison, where he had a brief encounter – with his natural father, also a junkie. His father offered to help him obtain more drugs, he said. By 21, he was in Virginia, living with the Klines. One day, he awoke in the apartment and went to the bathroom. “And that’s when I saw them – Toni laying in the bathroom. There was just blood splattered everywhere,” he said. Giarratano says he has never had any memory of killing the Klines. Nor did he have a motive. But, believing he must have been the perpetrator, he made up the confessions and managed to convince the authorities of his guilt, he said. With conseling and encouragement from Deans, Giarratano has come into his own as a person and as a legal scholar. In Giarratano v. Bass, he obtained for prisoners the right to confidential communications with their lawyers and paralegals. In Murray v. Giarratano, he won a decision guaranteeing inmates the right to counsel after their first round of appeals. The ruling was struck down last year by the U.S. Supreme Court, 5-4. But it was not until last year that Giarratano became convinced of his innocence in the Kline murders. Deans, with the backing of a German art gallery owner who had heard of the case, had hired an investigator to explore Giarratano’s past. The investigator returned with doubts about his guilt. Now, Giarratano and his attorneys argue that physical evidence on the scene – bloody footprints, unidentified pubic hairs, fingerprints – points away from Giarratano. They say Michelle Kline was strangled by a right-handed person, while Giarratano is left-handed. At the very least, they argue, Giarratano was incompetent to stant trial. And they say they have unearthed a more likely suspect – a boyfriend of Barbara Kline’s with a felony record that includes sexual violence against women. So far, however, the authorities have declined to pursue the matter. “I didn’t want to hear anything about innocence,” said Giarratano. “Now, it seems like all of this has been a lie….It’s all premised on my accepting responsibility for something I didn’t do.” Still, Giarratano is facing death – as early as June, he says, unless the Supreme Court orders a new trial or Virginia Gov. L. Douglas Wilder, a one-time death penalty opponent, commutes his sentence. Meanwhile, Amnesty International has taken up his case. And ever since 1986 British television documentary featuring him, Giarratano has received increasing press attention – first in Europe, then in the U.S. media, and, finally in Virginia, where editorialists across the state are calling for a new trial. Lawrence C. Lawless, who prosecuted Giarratano, remains convinced of his guilt. “If they needed a volunteer to push the button, I’d do it off-duty on the weekend,” he has told Richmond Times-Dispatch. With his final appeal brief due April 24, Giarratano said he was almost afraid the think of a life outside of prison, which might include law school and a career as public-interest lawyer. “I was doing better,” he said. “Now, I’m really feeling the pressure.” Contributor of the Digital Item Person submitting the digital item to the collection. Mocarski, Casey Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource He's a jailhouse lawyer-and a condemned man Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Language A language of the resource English Subject The topic of the resource Death row Joseph Giarratano Jailhouse lawyer Description An account of the resource With new evidence, a man on death row may be released. He was convicted of the murder and rape of two women, confessed, and has withdrawn his confession to pursue his innocence. Creator An entity primarily responsible for making the resource The Philadelphia Inquirer Date A point or period of time associated with an event in the lifecycle of the resource 1990-04-08 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPG Giarratano Jailhouse lawyer Joseph Joseph Giarratano Kline murders https://www.hist299.umwhistory.org/files/original/382ba8c59dd7b6b9e9e27e4251ff1c3e.jpg da96640e34aa758d57820e080d617a4e https://www.hist299.umwhistory.org/files/original/725139e9fa6f840e079ee0a225f7fbd6.jpg 8526a7ffb27c92a62a20302374178097 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [start of the first page] [header] High court considers Spaziano [sub-header] ‘Free form’ appeal requests new trial By Michael Griffin TALLAHASSEE BUREAU CHIEF [start of the first column] TALLAHASSEE—A lawyer for Joseph “Crazy Joe” Spaziano took his client’s claim of innocence to the Florida Supreme Court on Thursday in perhaps the last appeal for the biker convicted of killing an Orlando woman. The court did not rule immediately but is expected to act soon—Spaziano, 49, is scheduled to die in the electric chair on Sept. 21. In unusual oral arguments for what Justice Harry Lee Anstead described as a “free form” appeal, Spaziano’s attorney asked the court to order a new trial since a key witness in the 1976 trial has changed his story. “Mr. Spaziano is innocent, he’s actually innocent and I want to be very clear on that,” Vermont law professor Michael Mello told the seven justices. “If I had the opportunity to prove Mr. Spaziano’s innocence before a jury, he would be acquitted.” Assistant Attorney General Margene Roper argued that Spaziano had his chances during 19 years of appeals, including four treks to the state Supreme Court, two appearances before the U.S. Supreme Court and two requests for clemency from the governor. Gov. Lawton Chiles rejected the second clemency bid two weeks ago and signed Spaziano’s fifth death warrant. “He is out of claims and clemency is the proper proceeding,” Roper said. “He went that route and quarrels with the result so now he comes here.” Both attorneys came under sharp challenges by justices. Anstead told Mello that his appeal does not specifically argue any discernible point of law and that it did not address two basic criteria: Is the new evidence he is presenting compelling enough to alter the original verdict, and why the new evidence was not brought forth sooner? Justice Ben Overton asked Mello why his 1,500-page appeal, which includes newspaper clippings and folk song lyrics, did not include a written statement from Anthony DiLisio, who now denies that Spaziano showed him the body of 18-year-old Laura Harberts at an Altamonte Springs dump in 1973. [end of the first column] [end of the first page] Please see Spaniazo, D-4 [end page one] [start page two] [header] Lawyer may appeal again to U.S. court SPAZIANO from D-1 [start of the second column] “You have not filed a statement from DiLisio that his testimony is false,” Overton said. “You have not filed anything in this record that says ‘I swear,’ an oath by DiLisio.” Mello said DiLisio had refused to sign such an affidavit and “he is difficult to deal with.” Mello later told reporters that DiLisio “doesn’t like to sign things” and was afraid he could be charged with perjury if he signed an affidavit. But Kelli McGraw, DiLisio’s attorney in Pensacola, said her client always has been willing to sign an affidavit and offered it to Mello months ago. She said he never got back to her. “We’re scrambling to get Tony now,” McGraw said Thursday. “He swears what he says now is true and he’s willing to sign a sworn, notarized affidavit.” Justices Gerald Kogan and Leander Shaw expressed concern over Mello’s claim that he lacks money to hire investigators for Spaziano’s defense. “There is an allegation out there [end of the second column] [start of the third column] and it is a strong one,” Kogan said. What is Mr. Spaziano to do?” Mello told reporters after the hearing he would probably not appeal the case anywhere else but to the U.S. Supreme Court because he [end of the third column] [start of the fourth column] thinks he would lose at appellate levels. “I came in here thinking there was a 1 percent chance for a stay,” Mello said. “Now I think it’s 2 percent.” [end of the fourth column] [Photograph by Associated Press; photo caption]: Attorney Michael Mello maintains Joseph Spaziano’s innocence before the Supreme Court. Spaziano is scheduled to be executed in 2 weeks. [end of article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Shiflett, Maddie Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource High court considers Spaziano Subject The topic of the resource Capital punishment.--United States.--History. Spaziano, Joe. Lawyer.--Mello, Michael. Description An account of the resource Michael Mello, lawyer for Joseph Spaziano, claimed that Spaziano was innocent at the Florida Supreme Court after a witness from a previous trial in 1976 changed his story. Those in disagreement with Mello’s claim questioned why the information never came out before. The witness had not yet filed an official statement acknowledging that he changed his story. Mello argued that the witness refused to do so. Mello planned to go to the Supreme Court with the case because he had no confidence in his chances at the appellate level. Creator An entity primarily responsible for making the resource Griffin, Michael Source A related resource from which the described resource is derived Griffin, Michael. "High Court Considers Spaziano." Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tallahassee, FL capital punishment Florida death penalty Florida Supreme Court Joe Spaziano lawyer Michael Mello trial witness https://www.hist299.umwhistory.org/files/original/95dc130decb3c853ceeeb6c21a940b9b.pdf 36889a67d8fb2a1e56539fe3b5b615ee https://www.hist299.umwhistory.org/files/original/2da7e69ed3b9eb15ac43deec46d43da4.pdf e139f318a01b6fccaf6ceaa4dcd1b03a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 1, 1976-1979 Text Text Any textual data included in the document There is a gulf between the Board of Visitors and the students. THE BULLET, by closely examining the Board form in as many different aspects as possible over the period of several weeks, seeks to bridge the gap-the division between the group that holds the most power on campus and the group that holds the least. This inquiry should begin with an examination of the past in the hope of better understanding the present and dealing with the future. There are two historical lines to trace in the etiology of the current concept of the Board of Visitors her at M.W.C. One begins in 1819 with the founding of the University of Virginia and the other, in 1908 with the creation of the State Normal and Industrial School for women, the first incarnation of the present day Mary Washington College. The two strands come together in 1944 when the passage of the McCue-Randolph Bill brought M.W.C. under the auspices of UVA and separate again in 1972 when Mary Washington College again becomes an autonomous institution. The Act of the Virginia State Assembly that established the University of Virginia laid down in minute detail the powers, duties and responsibilities of its Board of Visitors: 1) the “erection, preservation and repair of the building, the care of the grounds and appurtenances and of the interests of the University generally” 2) the appointment of a “Bursar. Proctor and all other agents” 3) the “appointment and removal of all professor” 4) the establishment “of rules for the government and discipline of the student, not contrary to the laws of the land” 5) the “regulation of tuition fees and the rent of dormitories” 6) and in general, the direction of “all matters and things which, not being inconsistent with the laws of the land, to them shall seem most expedient for promoting the purposes of the said institution.” The seven members of the Board would be appointed by the Governor, subject to approval by the General Assembly, and they would elect a Rector from among their ranks. The driving force behind the University was, of course. Thomas Jefferson; and the intellectual foundation of the institution was to a great extent attributed to him. In fact, the portions of the 1819 Act dealing with the B.O.V. were taken verbatim from a report written by Jefferson at Rockfish Gap in 1818. Thus, his views on higher education in general and the Board in particular provide a revealing insight insight into the theoretical framework behind the use of the whole concept of a governing Board of externally chosen nonacademic citizens as the ultimate authority in a university. In a speech on discipline at U.V.A, Jefferson said “the insubordination of our youth is now the greatest obstacle to their education. We may lessen the difficulty by avoiding too much government, by regulating no useless observances, none which shall merely multiply occasions for dissatisfaction, disobedience and revolt by referring to the more discreet of themselves the minor discipline, the greater to civil magistrate.” Specifically of the B.O.V., Jefferson writes in Rockfish Gap Report that “the best mode of government for youth, in large collections, is certainly a desideratum not yet attained with us. It may well be questioned whether fear, after a certain age, is the motive to which we should have ordinary recourse. The human character is susceptible to other incitement to correct conduct, more worthy of employ, and of better effect. Pride of character, laudable ambition and moral dispositions are innate correctives of the indiscretions of that lively age; and when strengthened by habitual appeal and exercise, have a happier effect on future character, than the degrading motive of fear. Harding them to disgrace, the corporal punishment and servile humiliations cannot be the best process for-producing erect character. It will be then for the wisdom of the Visitors to devise and perfect a proper system of government which, if founded in reason and comity will be more likely to nourish, in the minds of our youth, the combined spirit of order and self-respect, so congenial with our political institutions, and so important to be woven into the American character” The institution which was in time to be known as Mary Washington College was founded 89 year after the University of Virginia. The General Assembly created the Virginia Normal and Industrial School for Women in Fredericksburg on March 4, 1908 and put it “under the supervision, management and government” of a Board of Trustees, to be appointed by the governor; by and with consent of the Senate.” The Act gave the Trustees the “right …to plead and be impleaded in courts, to receive all gifts, subscriptions, donations…the same to be held, invested distributed or expended for the best use and benefit of the school… and to exercise such other powers and do such other acts which are necessary and proper to accomplish the end for which said school…(was) created. Said trustees shall form time to time make all needful rules and compensation of teachers and employees… and prescribe the preliminary examinations and conditions upon which students shall be received therein.” The Board of Trustees first met on April 27, 1908 and elected Rev.Sidney Peters as its first President. Three weeks later, the Board met again and elected Edward Hutson Russell as the first president of the school. Throughout 1909, the Board convened regularly to map out the course that the new school would follow. In December, it approved the contract for the dormitory and a few days later, two of its members appeared before the Senate Finance Committee in Richmond to request appropriations. At the February 21, 1911 meeting the Board elected the first faculty members. Events thus continued under the close supervision of the Board until the new normal school opened in September of 1911. The Board of Trustees was superseded in 1914 when, by order of the General Assembly, control of school was placed under a central Board of Visitors for the State Normal Schools for white women in Virginia. The new Board, which composed of twelve members, on form each congressional district and two form the state and large, had jurisdiction over all four normal schools in Virginia and was given the authority to “manage the affairs of the four institutions (at Fredericksburg, Harrisonburg, Radford and Farmville), appointing officers, teachers and employees.” In 1924, the General Assembly changed the school’s status from a normal school to a teacher’s college. It also changed the name of the governing authority: the Virginia Normal School Board became the Board of Virginia Teacher’s Colleges. Edward Alvey, in The History of Mary Washington College, wrote that “the duties and rights of the new board, as enumerated in the new legislation, were almost identical to those of the former board.” Control of the college shifted again in 1930 when the General Assembly abolished the Board of Virginia Teachers Colleges and transferred management of the four schools to the State Board of Education. This Board would continue to be the governing authority of the newly created Mary Washington College until it merged with the University of Virginia in 1911. As M.W.C grows so did sentiment to go the last mile and expand into a full-fledged liberal acts college for women. Early efforts to achieve this end had ended in failure in 1932 with Governor Pollard’s veto of the plan, but in 1943 a new governor, Colgate Darden, came out strongly in favor of consolidation. A bill incorporating Darden’s proposals was introduced into the General Assembly and it passed 88-2. It provide that “the supervision, management and control pass from the State Board of Education to the Rector and Visitors of the University of Virginia… that the president of the University of Virginia by the chancellor of Mary Washington College… and its chief administrative officer, and that the title of the chief local administrative office will be that of president.” M.W.C. would remain under the supervision, management and control of the UVA BOV for almost three decades. MWC existed as female auxiliary of The University of Virginia. On Monday April 10, 1972, Governor Linwood Holton signed into law legislation that provided for the establishment of M.W.C. as a “complete autonomous institution with its own corporate governing board bearing the name the Rector and Board of Visitors of Mary Washington College. For the first time since 1914, the college was a self governing institute. In this respect the history of our own particulate board of B.O.V begins only six years ago. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Ammirati, Patrick Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource History of the BOV: Why They Are Subject The topic of the resource United States -- History Description An account of the resource Micheal Mello article on the History of the Board of Visitors. Tell who they are, how they were formed, and what they do. Creator An entity primarily responsible for making the resource Mello, Michael A. Source A related resource from which the described resource is derived Mello, Michael A. "History of the BOV: Why They Are" The Bullet (VA), April 4, 1978 Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1973-04-04 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPG 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Fredericksburg, VA Board of Trustees Board of Visitors BOV Colgate Darden Edward Alvey Marijuana Michael A. Mello Richmond Senate Finance Committee State Board of Education The Bullet Thomas Jefferson University of Mary Washington University of Virginia Virginia State Assembly https://www.hist299.umwhistory.org/files/original/adfb0652e8b6b125f3815d7431f3a1a5.jpg 0f52d6383b9008ebe27b6dd59a1b14a3 https://www.hist299.umwhistory.org/files/original/43d0f9f316667dee304e9ebde40d1c86.jpg 7f82521b86fd4984c96dc4c08c3039df Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 1, 1976-1979 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Tinter, Imani Text Any textual data included in the document There is, under the present system of adjudication at MWC, a problem with the scope of the Honor Code as it relates to the strictures of the judicial code. This problem arises when a certain type of case enters into the system: namely, when a student accused of committing a judicial offense is brought before Honor Council on charges of "lying" about that offense. The thesis of this article is that this variety of "lying" does not fall within the strictures of the Honor Code, and hence ought not to be taken to Honor Trial. To try an individual for "lying" about whether or not they committed an infraction of the College rules is a denial of a fundamental judicial right: namely, the right to proclaim one's innocence in the face of an accusation. This right entails more than "pleading the fifth" and remaining silent in the face of charges. Surely all students, even though subsequently found guilty by the judicial system, are entitled to state their innocence. To believe otherwise is not only to deny a basic liberty; such as position also casts the entire concept of pleading "not guilty" in judicial court into a new light. For it implies that anyone who so pleads, and is subsequently found guilty by the court, is liable to charges of "lying" by originally pleading innocent. If it is a "lie" to tell another student that you are innocent of a judicial infraction when you are in fact guilty, does it not follow that you are equally guilty of "lying" when you do the same thing before the Judicial Court in the form of an "innocent" plea? If this sounds absurd, that is my point: it is as ridiculous to accuse someone of "lying" because they profess their innocence to another student as it is to do so when they do the same thing in the form of a "not guilty" plea in Judicial court. The dilemma does not end here; there is also a structural problem. Take a hypothetical case: assume that a student was accused of a visitation violation, consistently maintained his innocence and then was charged with an Honor Code violation for professing his innocence. The problem is this: which adjudicating body would hear the case fist? Honor Council would be in a paradoxical position if it tried the case first, because the Council would be deciding on a judicial offense before Judicial Court had ruled on the matter. For it is impossible to separate the Honor and the Judicial accusations: The alleged lie was about the alleged visitation violation. It may be argued that the Honor Council is able to separate the two offenses and decide on the lie alone, but I do not see how this is possible. The accused claims that a certain judicial situation existed. The accuser claims that a different judicial situation existed, and that the accused is lying about that situation. Before deciding on the "lie," the Honor Council must first decide which judicial situation did in fact exist. And since judicial offenses do not fall within the scope of the Honor Code, the Honor Council would be put in the position of deciding on a matter outside of its jurisdiction prior to dealing with the alleged Honor Code infraction. It could be argued that this problem should be solved in the following manner: let the case go to Judicial Court first and, if the accused is found guilty of the visitation violation, then let the question of the "lie" be heard by the Honor Council. This is not, however, a viable solution, because the proceedings and results of judicial trials are secret. It could be arranged for a transcript of the Judicial Trial to be given to Honor Court, this solution might work. But, no transcripts are made of judicial proceedings. And, further, assuming that some formal means could be devised of telling the Honor Council what the Judicial Court's verdict on the visitation matter was, what would the Council then do? Would it just be assumed by the Council that the Judicial verdict is correct? One would hope, not given the element of caprice and doubt present in any judicial proceeding. More realistically, the Honor Council would, in effect, have to re-try the visitation case. This resurrects the jurisdictional problems mention earlier, along with a few more. First, there is the presence of double-jeopardy, a concept which is odius as well as illegal under the U.S. Constitution. In the hypothetical case mention earlier, the accused has already been tried and found guilty of a visitation violation. Now he is again being tried, only this time in Honor Court, for exactly the same offense. Second, what if the Honor Council, after hearing all the evidence relating to the visitation question, disagrees with the ruling of the Judicial Court and finds that the accused was in fact not guilty of the visitation offense? The accused would then have been found guilty by one court and innocent by another for the same offense. This possibility, in particular, brings the question of double jeopardy sharply into focus. All of these problems could, of course, be solved if students accusing other students of judicial offenses would exercise a bit of discretion, by not putting the accused into a position in which it would be tempted to lie. This was exemplified in a case that recently came before the Honor Council. A student, seeing another student committing a visitation violation, asked her "did I just see you sneak a young man out of the locked doors?" The accused impulsively said "no," and the result was the Honor Trial. How much trouble would have been spared if only the accuser had said instead "I saw you sneaking a man out of the back door and hereby charge you with a judicial offense." But, even in such cases as the one just mentioned, no Honor charges should ever have been brought. Anyone has the right to proclaim their innocence when accused of a rule violation; further, the present adjudication structure at MWC precludes the fair and legal disposition of cases such as the hypothetical visitation and Honor matter discussed earlier. For these reasons, students who "lie" about their innocence in judicial infractions ought not to be taken before the Honor Council. They are judicial matters to be decided to Judicial Court alone. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Honor and Judicial: Where to Draw the Line Creator An entity primarily responsible for making the resource Mello, Michael A. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1978-10-17 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPG 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Fredericksburg, VA Subject The topic of the resource Student newspapers and periodicals Source A related resource from which the described resource is derived Mello, Michael. “Honor and Judicial: Where to Draw the Line.” The Bullet, October 17, 1978. Description An account of the resource A newspaper article about the problems with students brought before both the Honor Council and Judicial Court. Fredericksburg honor code judicial court judicial offense Judicial proceedings lying Michael A. Mello Michael Mello perjury University of Mary Washington violation Visitation Rights https://www.hist299.umwhistory.org/files/original/40e5973a2fbf1a7b3e14e33524cb029c.jpg d27cfd5a513fd64515dab2b7c7074094 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 1, 1976-1979 Text Text Any textual data included in the document David Grave’s “Viewpoint” (Bullet, September 26, 1978) regarding Mark Madigan’s “Viewpoint” of the previous week deserves comment. I don’t know if the entire thrust of Grave’s piece was a response to Madigan, but that was the impression I got. In this Viewpoint, I will be operating under that assumption. Graves begins by chiding Madigan for “name calling and taunting,” but then he turns right around and terms Marks perspectiveonthe issue grass “irresponsible” and “immature.” This would not detract from Graves critique of Madigan if the latter was in fact guilty of name calling (two fallacies don’t make a right, as the old saying goes). But the fact is that Madigan did not call anyone in his “Viewpoint” any names; he did not write that the Administrative position on the grass issue “seems to many to students to be rather hypocritical,” but within the context of Madigan’s argument, this statement is perfectly correct and justified. The bulk of Grave’s “Viewpoint” seems to be an analyses of “power.” This discussion confused me, probably because I have taken too few classes in the Poli-Sci department. If I am totally missing the point I trust that David will bring it to my attention. Graves seems to be saying that only the individual can exercise power over himself: “Only authority can employ any real control over the lives of men. True authority rests only within oneself… When you get out of jail you can break that same rule again. Only our implicit self authority can ever ‘prevent’ us from doing anything.” There are two problems with this assertion. First it is inconsistent with other points in Grave’s “Viewpoint.” He writes that “One reason why men have repeatedly witnessed large power factions through history is the continued abdication of this personal authority. When individuals forfeit authority and self-discipline, a void in social harmony is created which power factions seek to eradicate by imposing external controls.” Here Graves seems to acknowledge that personal “authority” and “power” (terms that Graves appears to be using synonymously, but never defines) are not the only forces guiding our actions. He recognizes that individuals can abdicate their personal power in return for a corporate identity, and that it is possible to “forfeit authority and self discipline.” Secondly, while final “authority” might rest with the individual (assuming that one is not a believer in determinism), it certainly appears that individual behavior is influenced by external sanctions and the threat of sanctions. This is the assumption upon which all penalty systems must rest. Nothing that David Graves wrote in his Viewpoint in any way refuted Mark Madigan’s opinions as expressed in the September 19th issue of the BULLET. Madigan did not argue that the Administration lacked the power to enforce its edicts; he explicitly stated that the rules about walking on the grass “can and still be enforced.” What Mark seems to be challenging is the correctness of these increased penalties, which he sees as being inconsistent with other College policies. It is unfortunate that Graves chose not to address himself to this, the central point of Madigan’s “Viewpoint.” Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Allen, B.H. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource How Far Will This Path Go? Subject The topic of the resource Student newspapers and periodicals Creator An entity primarily responsible for making the resource Mello, Michael A. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1978-10-03 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Description An account of the resource Mello criticizes a previous "Viewpoint" attacking a "Viewpoint" before that. Source A related resource from which the described resource is derived The Bullet Format The file format, physical medium, or dimensions of the resource 1 JPG Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Fredericksburg, VA https://www.hist299.umwhistory.org/files/original/f109597cf939393aeebb75be9776f65e.jpg c970aa4b79480671e595395349892853 https://www.hist299.umwhistory.org/files/original/2f75edf242a23d6c6c5314554eb81e98.jpg 1925f4cfcc14f1a0b8041c83d0296d25 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 5 Text Text Any textual data included in the document CAVENDISH- Friends and colleagues of Cavendish Lawyer William Hunter reacted with surprise, and some with indignation, Wednesday to news federal prosecutors had charged him with 11 counts of fraud. “I think the guy is a great guy, to tell you the truth,” said Steven Sysko, a North Springfield resident and active Democrat who knows Hunter from the lawyer’s days as a state legislator for Windsor County. “They have an indictment, but I don’t think it will hold water, knowing the guy from way back.” Hunter, a former state senator and Rhodes Scholar, was indicted Tuesday on 10 counts of mail fraud and one count of bankruptcy fraud after a two-year investigation into his legal and financial dealings. The indictment alleged that Hunter between 1993 and 1996 embezzled “tens of thousands of dollars” from clients and trusts, loaning the money to other clients and covering up previous allegedly improper financial transactions. The probe started in June 1995, when Windsor drug dealer Frank Sargent Jr. claimed that Hunter had helped him launder drug money. Among numerous charges in the indictment, Hunter allegedly loaned Sargent $19,000, and received $5,000 in interest in return for the 90-day loan, when he knew Sargent was dealing drugs, according to prosecutors. But Hunter, who all along has denied knowledge of Sargent’s drug dealing, was not charged with participation in any drug activity, and says he believed the money was being used to renovate affordable housing. He also denied receiving $5,000 from Sargent. Several lawyers questioned why the mail fraud charges would be brought after a lengthy investigation into alleged drug money. “After all that work, and after all this focus on drugs, it seems peculiar,” said Rutland lawyer Herbert Ogden Jr. “It strikes me as somewhat small potatoes.” Ogden last year unsuccessfully sued Hunter on behalf of a client in a malpractice case, and has now filed an appeal in the case with the Vermont Supreme Court. Vermont Law Professor Michael [next page] Mello, who has publicly supported Hunter in a separate Professional Conduct Board inquiry into Hunter’s law practice, criticized the indictment and called it an “outrage.” “You put any busy litigator under a 25-month microscope … under that these guys put Will Hunter under, and you’re going to find some irregularities,” Mello said. “This is all they came up with, after 25 months? I thought that this was a drug laundering case.” U.S. Attorney Charles Tetzlaff declined to comment on reaction to the indictment. Others said they were surprised by the indictment because of their knowledge of Hunter, who is known for taking on indigent clients and difficult cases. “I like Will real well. It’s hard for me to believe that these charges are true,” said William Donahue, a lawyer in White River Junction and a former Windsor County deputy state’s attorney. Hunter has admitted that he made [next page] “mistakes” in loaning money to clients but says he did not profit personally. Hunter also claims that none of his clients wound up losing money. But several lawyers noted that Hunter may have violated a serious fiduciary duty if the charges that he loaned out and otherwise mishandled clients’ money are true. “Even if they put it all back, even if they didn’t make any money on it, you can’t do it. It’s a sacred trust,” Donahue said. And Jerome O’Neill, a former federal prosecutor who has been in private practice in Burlington for 16 years, said Hunter’s statements that he did not profit and had no criminal intent to defraud his clients were not uncommon in such cases. “That’s always the defense in [next page] fraud cases,” said O’Neill, who said he did not know whether the charges against Hunter were true. “Because they paid the money back does not mean that there was not an intent to defraud.” O’Neill also said he believed prosecutors were acting in good faith in bringing the indictment. “My take on it is that the people in the U.S. Attorney’s office are conscientious. They would not have sought the indictment unless they believed that they could get a conviction … because if he’s acquitted, it’s embarrassing,” O’Neill said. “They are not going to drop this case two months from now. This case is going to get tried.” Hunter is slated to be arraigned in federal court in Burlington on Monday afternoon. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Dunnigan, Delaney Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Hunter Indictment Greeted With Skepticism Subject The topic of the resource Embezzlement Description An account of the resource Newspaper article describing the reaction to William Hunter's indictment during the embezzlement hearing. A few of Hunter's colleagues' opinions on the trial are quoted. Creator An entity primarily responsible for making the resource Gregg, John Source A related resource from which the described resource is derived Gregg, John. “Hunter Indictment Greeted with Skepticism.” Rutland Daily Herald, July 10, 1997. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1997-07-10 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Cavendish, VT https://www.hist299.umwhistory.org/files/original/a2c19ebbb9ba88e745d5122bd87cdaed.jpg bfb4cca87d6c6d36146c646680c6f530 https://www.hist299.umwhistory.org/files/original/f025d79984f89ab402c08e8e04663b5c.jpg ead1f27007b1782b2a6f157ed471da2e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 5 Text Text Any textual data included in the document [heading] Hunter Indictment Is Phony [subheading] Commentary [author] Michael Mello [start of article] About a half century ago, a federal judge remarked that a prosecutor could indict a ham sandwich if the prosecutor wanted to. What the judge meant was that prosecutors exercise virtually total control over their grand juries: Prosecutors decided, unilaterally and in secret, what evidence their grand jurors will hear. The citizen who is the target of a grand jury probe is excluded from the process, if the prosecutor so decides: Neither the citizen/target nor his attorney has a right to cross-examine the prosecutor's witnesses, to present their own witnesses, or even to be present in the room. [next paragraph] Unfortunately, grand juries don't indict ham sandwiches. They indict American citizens. They indict whomever their prosecutors tell them to indict. [next paragraph] Recently, two different grand juries, hundreds of miles apart, indicted two very different men I call friends. In Florida, state prosecutors reindicted "Crazy Joe" Spaziano for the 1973 capital murder of Laura Lynn Harberts. Since 1976 -- when Jimmy Carter was beginning his single term as America's president -- Joe Spaziano has lived on Florida's death row for killing Ms. Harberts. During his 21 years on death row, he survived five death warrants. During that 21 years Joe Spaziano strongly proclaimed -- and as his lawyer for 14 of t hose years, I attempted to prove -- his innocence. Finally in 1996, after the state's only real witness against Spaziano in 1976 had recanted his trial testimony, the Florida courts ordered a retrial. Now that their case against Joe had disintegrated, the local prosecutors could and should have let the case drop. Instead, they persuaded a grand jury to re-indict Spaziano. "Crazy Joe" Spaziano: ham sandwich No. 1. [next paragraph] Ham sandwhich No. 2 is closer to home. Last week a federal grand jury in Vermont indicted Will Hunter. After a 1995 late-night raid on, and search of, Hunters home/office, and more than two years of investigation of Hunter for "laundering" drug money, the federal prosecutors persuaded their grand jury to indict Hunter for 10 counts of mail fraud (I have to wonder whether our federal prosecutors got this idea from the Tom Cruise character in "The Firm"). For good measure, they also threw in a count of bankruptcy fraud. [next paragraph] I know Joe Spaziano is innocent; and I expect Will Hunter is innocent as well. (Since I don't know the factual record of the Hunter case, I [separate quote] 'It take a courageous prosecutor to decide not to indict a citizen who has been the target of a public investigation.' [paragraph continues] must remain agnostic on this score.) But perhaps the more troubling common thread connecting the two cases is this: In both cases, I believe, the government abdicated their moral, ethical and legal responsibility not to indict citizens who have been the targets of intensive (and expensive: your tax dollars at work -- hundreds of thousands of your tax dollars, so far) prosecutorial scrutiny. Drive-by preconceived assumptions of guilt ("If they weren't guilty, we wouldn't have made them targets in the first place"), bureaucratic inertia, and institutional and political pressures to justify the tremendous amounts of time and energy and tax money already invested in the investigation, prosecutors might feel that they must come up with something. [next paragraph] What they came up with, in my view, is a lot of legalistic smog. Nowhere in their "24-page indictment" of Hunter do our federal prosecutors say that Hunter stole clients' money for personal gain. The government's fantasy of Hunter's "elaborate scheme to defraud" is nothing more than an artifice create by the government's clever manipulation of accounting principles. [next paragraph] Sure, Hunter made mistakes during his long and honorable career as a lawyer in Vermont. He's admitted that. Some of his mistakes were stupid ones. He's admitted that, too. [next paragraph] But any lawyer as busy and successful as Hunter will make mistakes. Give me two full years; give me hundreds of thousands of tax dollars to hire a staff; get a judge to authorize my law enforcement agents to stage a midnight raid on my target's home/law office; and I'll guarantee you I'll find at least 11 "irregularities" in the financial dealings of any lawyer in this state. [next paragraph] And the lawyers in this state should know it. perhaps that explains their otherwise inexplicable -- except perhaps for simple cowardice -- failure to stand with Will Hunter and against his persecution, first, by the fools who run Vermont's Professional Conduct Board, and, now, by our federal government. There certainly are lawyers in Vermont who lie to their clients, who steal money from their clients, who sexually harass their clients. There certainly are criminals hiding behind licenses to practice law in Vermont. But Will Hunter ain't one. [page break] [article continues] One mark of maturity and growth is to admit to one's mistakes and to make amends to those who were harmed by those mistakes. Will Hunter has learned that. Sadly, our federal government has not. [next paragraph] Like the rest of us mere mortals, government officials -- and that's exactly what prosecutors are -- hate to admit they were wrong. And they hate to look foolish. After all, reputations and careers are at stake (theirs, I mean). Remember Richard Jewell? [next paragraph] Even if Hunter's prosecutors lose at the subsequent criminal trial, they can always blame the jury (or the judge or the "liberal" Vermont Supreme Court or the clever defense lawyer) for letting a criminal go free. His -- the prosecutor's, I mean -- professional reputation need not suffer thereby. Of course, his target's reputation is annihilated. Again, remember Richard Jewell? [next paragraph] So now there will be the trials: Joe Spaziano's for his life, and Will Hunter's for his liberty and good name. This means yet more tax money spent -- unless the prosecutors can persuade their targets to accept a plea "bargain." [next paragraph] Already, rumors are swirling around Florida that the local prosecutors intend to offer "Crazy Joe" Spaziano a deal: He pleads guilty, in exchange for a life sentence, rather than the death penalty. If such a deal is offered, I'm note sure how I would advise my friend and former client -- my innocent friend and former client. Should I tell him to lie -- to confess to a murder he and I know he didn't commit -- in exchange for what's left of his life? After 21 years on death row, and five death warrants, I couldn't quarrel if he decided to take the prosecutor's "deal." [next paragraph] Similarly, I don't know what I'd tell my friend Will Hunter in the event his prosecutors offered him a "deal": In exchange for his pleading guilty to some minor infraction (regardless of whether he's in fact guilty of it), Hunter and his family are able to avoid the expense, humiliation and stress of a criminal trial in federal court. Imagine yourself in Hunter's shoes. What would you do? [next paragraph] These are the sorts of games some prosecutors play. It take a courageous prosecutor to decide not to indict a citizen who has been the target of a public investigation. Not long ago, Windsor County prosecutor Patricia Zimmerman took some political heat for just this reason. The heat was unjustified: She was just doing her job. And her job is to do justice, not to rack up as many prosecutions as possible. [next paragraph] The federal prosecutors in Vermont could learn a lot from Pat Zimmerman. [end] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Trick, Lukas Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Hunter Indictment Is Phony Creator An entity primarily responsible for making the resource Mello, Michael Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1997-07-17 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Subject The topic of the resource Capital punishment Law reform Description An account of the resource An article written by Michael Mello arguing for reform in the justice system claiming that the government abdicates its moral and ethical responsibility not to indict citizens being scrutinized by prosecutors. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Source A related resource from which the described resource is derived Mello, Michael. "Hunter Indictment is Phony," Rutland Daily Herald (Rutland, VT), July 17, 1997 https://www.hist299.umwhistory.org/files/original/031a13792b85d00d5a2d3bdc28472a93.jpg b2b2df1a8d9897b9af9c4ea49d234367 https://www.hist299.umwhistory.org/files/original/40bc7cd0816311755730b618e6a3d82e.jpg e251e3756dd6b05ce3054638d01b30ab Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 5 Text Text Any textual data included in the document [Heading]Hunter: ‘Not Guilty’ 11 Times [Subheading]Judge Set Trial Date For Aug.18 By Ed Ballam Valley News Staff Writer [start of the first column] BURLINGTON- In a clear, firm voice, Will Hunter pleaded innocent yesterday to 10 counts of mail fraud and one count of bankruptcy fraud during an arraignment on the charges in U.S District Court. With his wife and 3-year-old son seated behind him, Hunter- who appeared in federal court before U.S District Court Judge William Session- said “not guilty” 11 times in a voice that resounded through the courtroom each time Sessions asked for his plea. William A. Hunter IV, 43, of Cavendish, was indicted on the charges July 8. A 24-page indictment, handed up by a federal grand jury, alleged that Hunter, a lawyer, misappropriated tens of thousands of dollars of law clients’ funds for his personal benefit in fraudulent transactions between 1993 and 1996. Sessions released Hunter on personal recognizance bail and set trial for Aug. 18. Sessions did not honor a request by Assistant U.S Attorney Paul V. Vande Graaf, who asked the judge to prohibit Hunter from holding any third-person trust accounts as a fiduciary agent. Hunter’s lawyer, Peter Hall of Rutland, objected to request, indicating that Hunter is a trustee of a number of trust funds. In some cases, he said, it would be a hardship for the people he assists to find new trustees. Van de Graff told Sessions that at least one of the trust funds Hunter manages is the source of one of the criminal fraud charges against him. He said the owners of the trust funds may misunderstand the charges against Hunter. Sessions ordered Hunter to obtain written waivers within the next 10 days from each of the clients he serves as trustee, outlining the responsibilities as trustee. He is to file the waivers with the court. Sessions also imposed many of the standard conditions of release in federal arraignments, including that Hunter restrict his travels to the continental United States, maintain his residence in Cavendish and not (Continued on page A5) -Hunter [end of first column] [image] Valley News- Medora Hebert [caption] Will Hunter of Cavendish and his attorney Peter Hall talk to the media outside U.S. District Court in Burlington after Hunter pleaded not guilty. [start of second column] (Continued from page A1) imbibe alcohol excessively or take illegal drugs. Hunter also allowed Hall, a former assistant U.S Attorney, to file his appearance in the case, for the arraignment only, and reserved the right to have a different lawyer represent his case. In a brief interview after the arraignment, Hunter declined to comment on whether he plans to represent himself in the fraud case, but said it would be within his rights to do so. Hunter, a graduate of Harvard Law School who is a former Rhodes Scholar and state senator, practiced law for more than 10 years before voluntarily surrendering his license in January 1996 during an investigation by the Professional Conduct Board of his law practice. Hunter is appealing to the Vermont Supreme Court a recommendation by the conduct board that his license to practice law be suspended for three years. The Supreme Court’s decision is pending. During a brief news conference in front of the federal court building after the arraignment, Hunter declined to talk about the specifics of the chargers. He also declined to talk about who will be handling the case on his behalf. “We’ll be ready for trial on August 18, if that’s when the trial is going to be held,” Hunter said. “… One of the greatest things about the justice system is I’m innocent until I’m proven guilty.” Hunter excused himself at one point during the [end of second column] [start of third column] news conference to take his 3-year-old son, Sammy, to play in the public fountain down the street from the courthouse. Hall said during the news conference that the charges, the product of an investigation that lasted more than two years, are not the ones for which the U.S Attorney’s Office was granted a search warrant when Hunter’s home and law office were searched at 3 a.m. on June 9, 1995, by federal authorities who were looking for evidence supporting the allegations that Hunter laundered money from drug trafficking. That allegation was contained in affidavits filed before the search. Hunter, however, has not been charged with that offense. “There was not a basis for the underlying investigation,” Hall said. “…The charges are what they are and we entered a full-force not guilty.” Hunter’s wife, April Hensel, read a letter, dated Sunday, to U.S. Attorney General Janet Reno, in which Hensel asks Reno to investigate “the manner in which the matter of my husband has been handled by the United States Attorney’s office and the Drug Enforcement Administration.” Reading from the letter to Reno, Hensel said the indictment against her husband is a “face saving move by my government, taken after the investigation failed to produce evidence that would support the original charges and after the government decided it would not admit its mistake in light of the media attention that had been given to this case.” Assistant U.S Attorney James Gelber, who also [end of third column] [start of fourth column] sat in during yesterday’s arraignment hearing, deferred all questions to U.S. Attorney Charles Tetzlaff, who did not attend the arraignment, but did sign the indictment. In a brief interview outside his office in the same federal building after the arraignment, Tetzlaff said he would not comment on “why we bring charges and why we do not bring charges.” Tetzlaff also declined to comment on the specifics of the case, or what Hunter allegedly did with the money the government says he misappropriated. “The evidence will reflect the exact dollar amount used for the benefit of Mr. Hunter,” Tetzlaff said. In interviews last week, Tetzlaff said the indictment alleges a complex shuffling of money where trust fund accounts were “commingled” and embezzled for Hunter’s personal benefit. Yesterday, Tetzlaff said the “most (clients) have been repaid,” but declined to say how many people may have lost money or how much money is missing. “The system will do it’s job,” Tetzlaff said. In response to questions from the media, Tetzlaff said he would not comment on whether Reno, who was in Burlington Saturday to help the Vermont State Police celebrate its 50th anniversary, was consulted regarding the Hunter case and whether she had input on which charges were filed against Hunter. “I would have no comment on how we do things here procedurally,” Tetzlaff said. [end of article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Ryan, Briana Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Hunter: 'Not Guilty' 11 Times Creator An entity primarily responsible for making the resource Ballam, Ed Source A related resource from which the described resource is derived Valley News Newspaper Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1997-07-15 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Subject The topic of the resource Mail fraud Description An account of the resource William A. Hunter is charged with 10 counts of mail fraud and 1 count of bankruptcy fraud. Hunter pleads not guilty to all charges. Hunter's lawyer, Peter Hall, argues that these charges are being brought because the U.S. District attorney's office failed to find evidence that Hunter laundered money relating to drug trafficking. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Burlington Mail Fraud William A. Hunter https://www.hist299.umwhistory.org/files/original/3f112562bfb8e8c33439c9ca7bdc7060.jpg 2b3c8096bdbdde6240a6a018f6a3ebbe https://www.hist299.umwhistory.org/files/original/b8ad860aee948e44060b6eac5d2a23d1.jpg bece773b9f1852144c2f1ad43e5e248f Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Title] In Hunter Case, Blame is Widespread [Author] by Michael Mello I teach legal ethics at Vermont Law School, and not infrequently I offer Mr. Hunter's practice to my students as an example of how it is possible for a person to be both a good lawyer and a good person. Now that Mr. Hunter faces disbarment I will use his case to illustrate a point about law and power: that if you take on the hard cases and the un-popular clients, the establishment will come after you. Clarence Darrow was indicted for jury tampering; William Kunstler was held in contempt in Chicago. In weighing Will Hunter's fitness to practice law in Vermont, it is important to remember that, in representing poor people and unpopular causes, Mr. Hunter was not only acting as a good person and a good citizen, he was acting as a good and ethical lawyer. In living the bar's directive to serve the community and its injunction never to turn away a client because the client is unpopular, Mr. Hunter was acting in the finest and most noble traditions of the legal profession in America. "Obey the little laws and break the great ones. That's the preamble to their Constitution." Andre Lorde wrote. Mr. Hunter got it backwards, but that, I think, is to his credit. I have never met Will Hunter, but I have met some of his former clients. The voices of the indigent people for whom Mr. Hunter was the "lawyer of last resort" have been conspicuously absent from the public conversation about whether Mr. Hunter is fit to continue practicing law. Mr. Hunter's principal sin seems to have been overcommitment, an inability to say "no" to those in need of legal aid. But it seems to me that the very legal establishment that seeks to banish Hunter from its midst is partially responsible for the reality that no lawyer other than Will Hunter would accept these people as clients. The bar ought to be asking why Will Hunter has been the lawyer of last resort for so many indigent people in need of legal aid. Where were the Vermont lawyers? Where, indeed, were his prosecutor and judges? And just when government is getting out of the business of providing legal aid for poor people, many private firms are becoming less and less willing or able to take on pro bono work. Now that paying clients are becoming harder to find, private practitioners are becoming less likely to work for free. A few years ago, John Dooley and Alan Housman wrote that proposed budget cuts to the Legal Services Corp. would "not meet the legal needs of poor people; in fact they would deny poor people the full range of legal services available to those who can afford an attorney." Those words were published 13 years ago. The funding cuts feared by Dooley and Housman are now reality. Mr. Hunter is not perfect- he's not a perfect lawyer, and he's not a perfect human being. None of us is- including Mr. Hunter's prosecutor and his judges. Give me an unlimited budget and the power to compel disclosure, and I'll find enough evidence to convince a gung-ho prosecutor that my target has acted "unethically." The ethical rules are by nature vague, and anyway complex human behavior doesn't lend itself to pigeonholing by codification. Look hard enough into any lawyer's practice, and you'll find at least some arguable improprieties. At a time when legal services for the poor are being crippled by funding cuts, we need the few Will Hunters among us- we need them now more than ever. And it is fair to ask his prosecutor and his judges: With Will Hunter banished from the bar, who will do the important work he has been doing for such a long time? Will Mr. Hunter's prosecutor fulfill that role? Will his judges? Will the regular members of the Vermont bar? Will Hunter performed an honorable role within the Vermont legal establishment. He took on the cases other attorneys wouldn't. Those other attorneys wouldn't say these poor people don't deserve any lawyer; they deserve some other lawyer. For years, Will Hunter was that "other" lawyer. So, if Will Hunter is disbarred, those most in need of legal help- and least able to pay for it- will lose one tireless, brilliant, quirky advocate. He will be missed by his community and his clients, and [end page one] [start page two] that's not a claim many attorneys can make. Will Hunter has already paid a high price for taking seriously the bar's injunction to represent the poor and the unpopular. His home was ransacked by federal agents. His name and his reputation have been tarnished by the commissars of ethics. Now those same commissars want to disbar him. Disbarring Mr. Hunter would be a "tragedy," as his prosecutor reportedly said. It would be a tragedy, but not for Mr. Hunter alone. It would be a tragedy for those in need of legal aid who will now have no lawyer at all. Most of all, it seems to me, disbarring Mr. Hunter would be a tragic and demeaning act for the Vermont bar. The bar should be better than this. The people of Vermont deserve better than this. Every year I look for role models for my ethics students; good people who do good work as lawyers. My hope always is that perhaps a few of those students will work for those among us who need legal aid but can't afford to buy it. Then the Will Hunters of the world might be able to say "no" once in a while- knowing that the client turned away will be able to find another lawyer. In the meantime I'll send all such clients to Vermont's Professional Conduct Board. Michael Mello of White River Junction is a professor of law at the Vermont Law School. [end page two] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Johnston, Spencer Student Editor of the Digital Item Dickinson, Terra Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource In Hunter Case, Blame Is Widespread Description An account of the resource Michael Mello comments on the disbarment of fellow lawyer Will Hunter and the implications for the future of the legal profession in Vermont. Creator An entity primarily responsible for making the resource Mello, Michael Source A related resource from which the described resource is derived Mello, Michael. "In Hunter Case, Blame is Widespread." Rutland Daily Herald, July 23, 1996, p.1. Date A point or period of time associated with an event in the lifecycle of the resource 1996-07-23 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Subject The topic of the resource Legal reform Disbarment of lawyers Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Royalton, VT https://www.hist299.umwhistory.org/files/original/01f28e12ba0f46cdeeb31474a38a7031.jpg ee6b42c3d84d19dd4791a70c6ccb805b Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 1, 1976-1979 Text Text Any textual data included in the document No student should graduate Mary Washington College, particularly with a non-math or science major, before taking a course in logic. Further, the class should be taken as early in one’s career at MWC as possible; outside of Writing Workshop (which is in part of logic class), I can think of no other course more helpful in general academic life. In this editorial, I shall address two questions. First, what is logic? Second, why is it valuable? Logic is the understanding of reasoning or, in the definition of Webster’s New International, “the science that deals with the canons and criteria of the validity of thought and demonstration.” Logic, in short in the study of correct thinking. Correct thinking is a powerful tool to have in any endeavor. The person with the ability to recognize and avoid errors in reasoning will be able to think more clearly and correctly, whatever the subject under analysis might be. Thus, logic has tremendous practical value; as Henry Ruf wrote in the “Chronicle of Higher Education” in 1976, “A person who can analyze problems down to their significant components; who can cut through rhetorical irrelevancies and identify the true structure of an argument and evaluate its worth; who can recognize conceptual confusion in himself and in others and who can supply conceptual clarity; who is trained to think things through; who can uncover presuppositions and hidden assumptions—of such a person any education institution many be justly proud. Even in the outside world with all of its social, economic, and political lunacy, such a person is eminently marketable.” Logic is particularly helpful within the the context of Mary Washington College. It is certainly crucial in the study of history, the field with which I am most familiar. There is, of course, nothing intrinsically logical about any particular event or series of events in history; it is meaningless to say that the Civil War or Progressivism is or is not “logical.” What must conform to the rules of valid reasoning is the historians’ analyses and conceptualization of those events; too often, the student of history is willing to draw improper inferences from the available evidence and to commit logical fallacies in the presentation of his argument. This is equally true in psychology, sociology, political science, English and any other field that involves the formulation and development of arguments and theses. The study of logic is at the heart of a liberal arts education, a course of study that attempts to inculcate a general set of orientations rather than the transmission of a given amount of technical knowledge. Harold MacMillan, in a speech he gave at Oxford, put it well: “Gentlemen, you are now about to embark upon a course of studies which will occupy you for two years. Together, they form a noble adventure. But nothing that you will learn in your studies will be of the slightest use to you in afterlife—save only this: that if you work hard and intelligently, you should be able to detect when a man is talking rot, and that, in my view, is the main, if not the sole, purpose of education.” Contributor of the Digital Item Person submitting the digital item to the collection. Allen, B.H. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource In Praise of Logic Description An account of the resource Mello identifies and conveys the value of logic. Creator An entity primarily responsible for making the resource Mello, Michael A. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 10-03 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Language A language of the resource English Subject The topic of the resource Student newspapers and periodicals Source A related resource from which the described resource is derived The Bullet Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Fredericksburg, VA https://www.hist299.umwhistory.org/files/original/b524924c56ae49175450e4a4a79de8f5.jpg 02563f743b87d4f439d5a772ea8296ee Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document The Committee on Individual Rights and Responsibilities concentrated its efforts this year on legislative matters. Under the guidance of member Michael Mello, the committee studied and voted to support the “jury override” bill. The proposal would revise the death penalty statute to require that a jury recommendation of mercy in capital cases be binding on the court. The bill was presented to the Bar’s Legislation Committee, which recommended that the Board of Governors support it. The Board approved lobbying efforts by The Florida Bar in active support of the jury override bill during the 1986 session. The second bill supported by the committee was drafted by Abbey Hairston’s Subcommittee on Employee Rights. The original proposal would have created a cause of action for any employee wrongfully terminated for notifying authorities of illegal activities conducted by his or her employer. Opposition from the Corporation, Banking and Business Law Section resulted in a revision to the bill which limited its applicability to public employees. The Individual Rights Committee received approval from the Board of Governors to lobby for the revised proposal. Other issues studied by the committee this year included the rights of AIDS victims. Member Allen Terl provided the committee with specific instances of discrimination against AIDS victims and agreed to chair a subcommittee to determine how the committee can most effectively minimize this threat to individual rights. The three substantive areas of greatest interest to members continue to be privacy rights, employees’ rights, and individual rights in medical matters. Other issues discussed during this year’s committee meetings were children’s rights, victims’ rights, the rights of aliens, and collateral appeals in capital cases. In January, the committee voted to support both legislative and judicial efforts to prohibit the imposition of the death penalty on defendants under the age of 18. This issue has been agendaed for future study and action. The scope of the term “privacy rights” has made it difficult for the committee to focus its efforts in this area. Specific issues of interest to members include computer intrusion, fingerprinting of children, and mandatory lie detector tests. The committee will continue to study these issues. The committee rejected a suggestion that a public interest section be formed within the Bar and voted that individual rights and responsibilities remain a standing committee. Similarly situated committees adopted the same position. The committee has discussed forming a subcommittee on the responsibility of attorneys to apprise the public of both their responsibilities and rights as citizens. It is hoped that this project will gain momentum in the coming year. Members who have actively participated in the committee’s work this year have found that participation to be extremely rewarding. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Journal Article Contributor of the Digital Item Person submitting the digital item to the collection. Keene, Shannon Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Individual Rights and Responsibilities Creator An entity primarily responsible for making the resource Pequignot, Margot Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 jpg 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida Description An account of the resource An article about various bills and interests that the Committee on Individual Rights and Responsibilities in the Florida Bar supports. Subject The topic of the resource Florida--Committee on Individual Rights and Responsibilities--Member Interests Florida--Bar Legislation Committee--Bills Individual Rights--Florida Florida Individual Rights Michael A. Mello Responsibilities https://www.hist299.umwhistory.org/files/original/6c9c5e84f71caf487c0ae3216b5d3986.jpg f1eb323d30844e06b0e1247b6b1626b2 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource New trial for Martin requested Injury to his brain not reported to jury Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Evening Times Date A point or period of time associated with an event in the lifecycle of the resource 1985-03-14 Format The file format, physical medium, or dimensions of the resource 1 jpg 300 dpi Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Atlanta, GA Language A language of the resource English Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Text Any textual data included in the document ATLANTA—Lawyers for convicted murderer Nollie Lee Martin asked a federal appeals court to grant him a new trial, claiming evidence of their client’s damaged brain didn’t come out until after the 1978 trial. Martin was condemned to death for the rape and murder of college student Patricia Greenfield of Boynton Beach. Testimony by psychiatrists at the original trial indicated he was sane and had not suffered brain damage, attorney Michael Mello said, but “in fact, Mr. Martin is missing part of his brain.” Wednesday, Mello told a three-judge panel of the 11th U.S. Circuit Court of Appeals that Martin’s injury, which happened when he was run over by a wagon wheel, did not come to light until after the trial. Because the jurors who convicted Martin and recommended the death penalty did not know about the brain damage, they were operating under a false assumption, he argued. Marint, 36, of Chapel Hill, N.C., was convicted of murder in the June 1977 death of Ms. Greenfield, a college student who was working at a Delray Beach store. Martin and co-defendant Gary Forbes were accused of robbing the store, abducting Miss Greenfield, raping her at Martin’s apartment and then taking her to a landfill near Lantana, where she was fatally stabbed in the throat. Forbes pleaded guilty to murder and testified at Martin’s trial. Martin’s conviction and death sentence were upheld by the Supreme Court of Florida in 1982, and he lost an appeal in U.S. District Court last year. That decision was appealed to the 11th Circuit. In addition to the issue of brain damage, Mello told the appeals court that two confessions made by Martin after his arrest in July 1977 were invalid. “We maintain that both confessions were obtained in violation of (Martin’s) Miranda (rights), both were involuntary and the second was obtained in violation of Mr. Martin’s 6th Amendment right to counsel,” he said. But Joan Fowler Rossin, an assistant Florida attorney general, argued that the confessions were valid. Martin “was not threatened, he was not made any promises and he was not coerced,” she said. She also argued that Martin was given adequate neurological and psychiatric evaluations before the trial. Contributor of the Digital Item Person submitting the digital item to the collection. Sellers, Jason Notes Additional information regarding your item. This content will not be viewable in the Public View. The Palm Beach Times changed its name to The Evening Times in 1979, then merged with The Post in 1987 to become The Palm Beach Post. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource New trial for Martin requested Injury to his brain not reported to jury Creator An entity primarily responsible for making the resource The Associated Press Source A related resource from which the described resource is derived The Evening Times Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1985-03-14 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Atlanta, GA Subject The topic of the resource Capital punishment--Florida. Capital punishment--United States--Psychological aspects. Description An account of the resource Newspaper report on the 1985 request for a new trial for Nollie Lee Martin, convicted of murder in 1978. Martin's lawyers, including Michael Mello, cite the defendant's pre-existing brain damage in their request. brain injury death penalty Delray Florida Greenfield Martin Mello Miranda rights https://www.hist299.umwhistory.org/files/original/5802a40a29ad8b9e894f9cf8ad8f426d.jpg 1b441fb78df1dff4de3332ce38ccd645 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Joe Spaziano gets fifth death warrent Subject The topic of the resource Spaziano, Joe capital punishment Description An account of the resource An updating of the case of Joe Spaziano as he receives his fifth death warrant, and a recounting of the last few events surrrounding Spaziano's trial. Creator An entity primarily responsible for making the resource Moss, Bill Publisher An entity responsible for making the resource available St. Petersburg Times Date A point or period of time associated with an event in the lifecycle of the resource 25-08-1995 Rights Information about rights held in and over the resource 2 JPGs Format The file format, physical medium, or dimensions of the resource 300 Language A language of the resource English https://www.hist299.umwhistory.org/files/original/fc1effd8b4340f4f071fef85d0479b08.jpg 3a2954efb5cc1442c670b5bdd0795e5a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 3, 1995 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Godfrey, Sarah Text Any textual data included in the document Tallahasse- Gov. Lawton Chiles signed a fifth death warrant Thursday for Joseph Robert "Crazy Joe" Spaziano, the Outlaws motorcycle gang member who was condemned to die for the 1973 rape and murder of an Orlando hospital clerk. Chiles based his decision on a new report from the Florida Department of Law Enforcement which he ordered after news reports raised questions about Spaziano's guilt. The report was intended to remove that cloud of doubt; instead it created a new firestorm because the governor decided to keep it secret. Spaziano's attorneys argue that he was wrongly convicted based on testimony from a drugged-out teenager elicited under hypnosis by prosecutors. But Chiles said the two-month investigation by the FDLE showed the prosecution was fair and the evidence was strong. "This exhaustive review removes any doubt in my mind about this case," Chiles said. "This review upholds the finding of every court that has heard this case- Joseph Spaziano has received due process and justice demands that he now face the consequences for the crimes he has committed." Interviews with 25 witnesses, according to Chiles' aides, provided new evidence that Spaziano raped, murdered and sexually mutilated 18-year-old Laura Lynn Harberts in 1973. Spaziano's lawyers were outraged that the governor refused to release the report or identify the witnesses who talked to investigators. "I am saddened that American law has reached the level where people can die based on anonymous reports which can't be cross-examined, (in which) names are withheld, and the truth of which is never tested in public," said Patrick Doherty, a Clearwater attorney. Chiles stayed the execution June 15 after a report in the Miami Herald cast doubt about Tony Dilisio's testimony against Spaziano, and editorials in the Herald and St. Petersburg Times urged a delay in the execution. Dilisio, who has a history of heavy drinking and drug use, told the Herald that he could not recall Spaziano taking him to see the bodies of two women at a dump near Altamonte Springs, a key piece of testimony. The signing of a fifth death warrant leaves Spaziano with little hope of avoiding the electric chair Sept. 19, one week before his 50th birthday. The only death row inmates to have survived more than four warrants were Willie Darden, who was executed in March 1988 on his seventh warrant, and Raymond Clark, electrocuted in November 1990 on his fifth warrant. Pending in the state Supreme Court are Spaziano's appeals to strike down the testimony elicited under hypnosis and to win a new trial based on Dilisio's reported recanting of his 1974 statements. But his lawyers conceded in June that their best hope was a clemency decision from the governor. Now it's the secrecy of the document Chiles used in making his decision that could give defense lawyers a new grounds for appeal. Doherty said he will confer with co-counsel Michael Mello about a motion seeking the FDLE report. "I don't know whether it's true, whether it's false, whether it's exaggerated, whether the people making these statements are sane or insane, whether they themselves have made deals," he said. "I don't have any information that would bear on whether it's credible or believable. That's what should keep Floridians awake at night. Because if it could happen to Mr. Spaziano it could happen to you or your child or anybody else." Mello, a Vermont law school professor who began representing Spaziano in 1983 when he practiced law in Florida, said it's particularly troubling he can't get courts to hear his client while the state's law enforcement agency "manufactured" new evidence that sealed Spaziano's fate. The report "has the indicia of unreliability all over it," Mello said. "Dexter Douglass, Chiles' general counsel, said the report is confidential under state law as part of a clemency. "There's another reason in this case," he said. "Several of the people they interviewed would not give statements except with the understanding they were protected because of fear for their lives." [Photograph; photo caption]: Joseph Spaziano is scheduled to be executed Sept. 19. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Joe Spaziano gets fifth death warrant Subject The topic of the resource Capital punishment Spaziano, Joe Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Fredericksburg, Va Date A point or period of time associated with an event in the lifecycle of the resource 1995-08-25 Creator An entity primarily responsible for making the resource Moss, Bill Description An account of the resource An updating of the case of Joe Spaziano as he receives his fifth death warrant, and a recounting of the last few events surrrounding Spaziano's trial. Source A related resource from which the described resource is derived Moss, Bill, “Joe Spaziano gets fifth death warrant,” St. Petersburg (Mary Washington College, Fredericksburg, VA), August 25, 1995. Bill Moss capital punishment death penalty Death warrant eye witness Florida death penalty Gov. Lawton Chiles Joe Spaziano murder rape reasonable doubt St. Petersburg Times stay of execution trial https://www.hist299.umwhistory.org/files/original/9783325eace82d08c066646463efc24d.jpg ab805ab5346656da0f8538a560548c39 https://www.hist299.umwhistory.org/files/original/9450cd903fa816ea43fc268a3a5aa954.jpg 604a567325862ad567f523abd5714dd3 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [title] Judge Orders Retrial of Condemned Man [author] By BRYAN K. MARQUARD: Valley News Staff Writer [subtext] The decision could mean the Joseph Spaziano will leave Death Row alive, rather than end his more than 20-year stint with a walk to Florida’s electric chair. [image—Joe Spaziano] [image caption] Joe Spaziano listens as his attorneys argue for a new trial in his 1976 murder case during the first day of a hearing in Sanford, Fla., on Jan. 8. This week, a judge ordered a new trial for the former Outlaws gang member after ruling a key witness lied to the 1976 trial jury. A Florida judge has issued a stern opinion ordering a new murder trial for a death row inmate whose longtime attorney and friend teachers at Vermont Law School. The decision could mean that Joseph Spaziano will leave Death Row alive, rather than end his more than 20-year stint with a walk to Old Sparky—the nickname for Florida’s electric chair. Spaziano’s case was Michael Mello’s first assignment when he joined the Florida Public Defender’s office in the early 1980s. He continued to work on his client’s Death Row appeals after joining the law school faculty—even when a showdown with the Florida Supreme Court last fall resulted in the justices removing his from the case. “I feel great,” Mello said yesterday in an assessment that was echoed by one of the three lawyers who argues the condemned man’s case during an evidentiary hearing in Sanford, Fla., earlier this month. “It’s great news,” said Elyse Runzow, one of 11 students in Mello’s capital punishment seminar at Vermont Law School last fall that, as a class project, worked on two petitions that Mello filed with the U.S. Supreme Court. The high court unanimously reject those petitions earlier this month. The Florida circuit court judge issued the ruling Monday, a day before the 20th anniversary of the murder conviction that sent Spaziano to Death Row, where he has survived five death warrants signed during the administrations of three Florida governors. The ruling that vacated the murder conviction came after a hearing that was prompted in part by a Miami Herald interview last June with Anthony DiLisio, the key witness in the case. DiLisio told the Herald—and testified in the hearing this month—that he lied more than 20 years ago when he said Spaziano had taken him to a dump in a rural area to show him the mutilated bodies of two women he had murdered. In 1976, DiLisio was a troubled teenager in a juvenile facility, and he recalled the encounter only after two sessions of hypnosis. “In the United States of America every person, no matter how unsavory, is entitled to due process of law and a fair trial. The defendant received neither,” Judge O.H. Eaton Jr. wrote in an eight-page ruling. “The validity of the verdict in this case rests upon the testimony of an admitted perjurer who had every reason to fabricate a story which he hoped would be believed.” Spaziano, who is on Death Row at the Union Correctional Institution in Union County, Fla., told the Herald Monday, “I’ve been trying to tell people all this time that the kid lied. I’m so happy people finally believe me.” Spaziano, who was known in the 1970s by his nickname, Crazy Joe, was a member of the Outlaws motorcycle gang when he was convicted of murdering Laura Harberts, a 18-year-old hospital clerk. The judge also wrote that DiLisio’s recantation “would probably produce a different result on retrial.” Tom Hastings, an assistant state attorney [end of page one] [beginning of page two] who was the lead prosecutor during the hearing, did not return calls seeking a comment. But he told the Herald Monday that it’s likely the state will appeal the decision. Gregg Thomas, one of the three lawyers representing Spaziano in the hearing this month, said in an interview yesterday that he believes the judge’s decision “is almost totally unassailable. . . . I think it would make an appeal very difficult.” He also predicted that the state would not attempt to retry Spaziano on the murder charge. Regardless of what the state decides to do, Spaziano will remain in jail for now. A few months before being convicted of murder in 1976, he was sentenced to life in prison for the brutal rape and assault of a 16-year-old girl. Spaziano has said he did not commit that crime either, and Mello is pushing for another court battle in an attempt to win freedom for his client, who was notified of the stay of execution on his fifth death warrant last September on his 50th birthday. But those battles are for another time. Yesterday, those involved with Spaziano’s defense were in a congratulatory mood. Two of the three attorneys who represented him in the hearing have praised the actions of Mello, who, in a dangerous game of brinkmanship, defied a Florida Supreme Court order to attend a hearing last fall. The move earned him the enmity of the court, but bought Spaziano the few extra months necessary for a legal team to get things in order for this month’s hearing. “But for your courage and fortitude, which were evidenced in your 1995 actions on behalf of Mr. Spaziano, there is no question that he would be dead today,” James Russ, one of Spaziano’s attorneys, wrote in a letter to Mello dated last Friday. “I write to thank you for the courageous efforts you made on his behalf, in the face of criticism by both the Florida Supreme Court and the legal profession.” “Michael Mello is responsible for Joe Spaziano being alive,” Thomas said in the telephone interview yesterday. “I’ve never been prouder of a lawyer in my life.” “If you’re measuring our contributions next to Michael’s contributions, ours pales in comparison,” he said. Thomas said several lawyers from his firm—Holland and Knight, the largest firm in Florida—worked through what would have been their Christmas vacation to prepare for Spaziano’s hearing. “Our Christmas present came yesterday,” he said with a chuckle. Among those who were elated over the ruling was Rose Spaziano, the defendant’s mother, who said she expected the judge would order a retrial. “I was hoping for a complete dismissal, but a retrial’s OK,” she said. “I’m hoping that things will go Joe’s way for a change.” She had not heard from her son yesterday, but said she was expecting a call, and added that he looked “real good” during the hearing. “He smiled at me,” she said. “He’s in good spirits.” Marynoel Spaziano was not quite 5 years old when her father was sent to Death Row. Yesterday, while shushing one of her father’s three grandchildren, she said she was happy about the judge’s ruling. Joseph Spaziano has seen two of his grandchildren once, she said. He was kept in handcuffs during the in-person meeting, which was allowed as he neared the execution date for one of his five death warrants. Also cheered by the news was longtime death penalty opponent Mike Farrell, the actors whose credits include he TV show M*A*S*H. He was active in a petition drive calling for a retrial for Spaziano. He said yesterday that Spaziano’s case “added elements” to the anti-death penalty crusade that would “make it abundantly clear to people that it doesn’t work, if you pay attention to the specifics.” He said he plans to spread the word about the case and “use this experience to help inform people about the ugly realities” of the death penalty. “I have profited enormously from this experience, just from the perspective of a human being,” he said of his work in cases such as Spaziano’s. “When we succeed in ending this, we will be a better nation for it.” Mello said the biggest hero in the Spaziano case may be the judge who issued the ruling, because the seat on the bench is an elected position. “From a political standpoint, from a personal standpoint, the only fair characterization of this decision . . . is extraordinarily courageous,” he said. “His local newspaper (the Orlando Sentinel) has been frothing at the mouth over this. All of the local TV stations have frothing over this.” The decision was also courageous “in terms of judicial politics,” Mello said, given that Spaziano’s attempts to secure a retrial or dismissal have failed when his case argued before the Florida Supreme Court, U.S. District Court, the 11th U.S. Circuit Court of Appeals and the U. S. Supreme Court. “This took guts,” Mello said. “You never know where the heroes are going to come from.” [end of page two] Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Judge Orders Retrial of Condemned Man Creator An entity primarily responsible for making the resource MARQUARD, BRYAN K Format The file format, physical medium, or dimensions of the resource Newspaper Language A language of the resource English Description An account of the resource Could Joseph Spaziano leave Death Row alive or will he end his twenty year stint with a walk to Florida's electric chair? Source A related resource from which the described resource is derived Valley News Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1996-01-24 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. https://www.hist299.umwhistory.org/files/original/f6d818a534019a56ed35b3983f7f1765.jpg 9f3c091fdcb5b2788f4974f4babeb166 https://www.hist299.umwhistory.org/files/original/79d8cc8afadddc8c35bb30a8b44a7f5a.jpg 3a3a9d20d1292f7bed5c13c2fce79b6a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 2, 1983-1994 Text Original Format The type of object, such as painting, sculpture, paper, photo, and additional data newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Huffman, Suzanne Text Any textual data included in the document SUPPOSE trial judges were free to dispatch a criminal defendant to prison even after a jury of his peers had declared him not guilty. Unthinkable? Of course it is. Yet that's precisely how the death sentence is administered in Florida, where judges are empowered to condemn a convicted murderer to death even if the jury unanimously recommends a life prison sentence. Aldebert Rivers was convicted of first-degree murder in 1982 for his role in the shooting death of a North Miami waitress. Nine men and three women deliberated only an hour before returning their guilty verdict. Later, after another hour of deliberation, the same jury recommended that Rivers be sentenced to life in prison. Dade Circuit Judge Ellen Morphonios accepted the jury's finding of guilt but rejected its recommendation for mercy, arguing that the aggravating circumstances of Rivers's crime compelled his execution. Last week, in a unanimous ruling, the Florida Supreme Court rebuked Judge Morphonios for defying the jury's recommendation and ordered Rivers's sentence commuted to life in prison. Of the 38 states that permit capital punishment, only three allow trial judges to override a jury's recommendation for mercy. Judges in Alabama and Indiana have invoked that authority sparingly. But in Florida, already home of the nation's largest condemned-inmate population, trial judges have imposed the death penalty over the jury's objections 87 times since capital punishment was restored in 1972. The state supreme court wisely has declared that judges who overrule a jury's recommendation of life will be sustained only when the facts suggesting a sentence of death are "so clear and convincing that virtually no reasonable person could differ" with the judge's decision. After reviewing 62 cases in which a judge imposed the death penalty over the jury's objections, the high court has upheld only 19 death sentences. Seven of the 19 subsequently were overturned by Federal appellate courts. Capital punishment is the state's proper prerogative, but there is great folly and danger inherent in a system that allows a single judge to override the collective wisdom of 12 ordinary citizens. Florida juries have showed no reluctance to recommend the ultimate penalty when the circumstances of a particular murder compel it. The customary practice of excluding from first-degree murder juries those who acknowledge an unalterable opposition to the death penalty should endow a jury's recommendation of mercy with even greater weight. State legislators have ducked several opportunities to bring Florida into step with the vast majority of states who have circumscribed the judge's sentencing authority in capital cases. Judge Morphonios's overzealousness in the Aldebert Rivers case underlines the need to reassert the jury's role as the community's conscience. Oh, Danny! THERE'S probably no truth to the rumor that the residents of San Marino Island along the Venetian Causeway, with an eye toward the Don Shula Expressway to the west, are considering changing the name of their winning surroundings to Dan Marino Island. On the other hand, if the NFL's Wunderkind leads the Dolphins to a 16-0 season, he may well qualify for sainthood - and make the name change unnecessary. Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Jury's Precedence Subject The topic of the resource Capital punishment--Florida. Protest movements--United States. Capital punishment--Florida--Public opinion. Source A related resource from which the described resource is derived The Miami Herald Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1984-11-07 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 jpgs 300 dpi Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida capital punishment Florida juries https://www.hist299.umwhistory.org/files/original/5f0a233f088aadf6da81a772b7c032ab.jpg 2099bf09d794ac930221d09d0c579f76 https://www.hist299.umwhistory.org/files/original/cca1408ee1af19bb73d70782375bed2f.jpg 8d2a0ee5192d1ef9d2abaf000526c779 https://www.hist299.umwhistory.org/files/original/81ad9a4b7f615b2509bc307c38922fbf.jpg 973cb8a2e7ff0f4927b09451e21bdac0 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Title] Justices chided for overturning 5 high-profile homicide case [Author] Mike Donoghue Montpelier -- A recent string of convictions overturned in several high-profile cases, including five homicides, has no common thread and might be rooted in the independent nature of the Vermont Supreme Court. Michael A. Mello, a Vermont Law School professor, and David Putter, a Montpelier lawyer, are among the legal scholars giving the high court top marks for independence in tough cases. "There does not appear to be a common thread," Putter said. "Obviously, they have a lot of cases they didn't overturn." Putter said he doubts the justices enjoy overturning cases, but have a duty to make sure trials are fair. The more complex the case, the more likely an error is made, he said. Overturning five homicide cases in one year has netted the court public criticism from the family of victims, jurors, one prosecutor and even Gov. Howard Dean. Records indicate that 15 out of 22 homicide convictions have been upheld in recent years. The criticism fails to loosen the lips of Vermont Chief Justice Frederic Allen. Allen said recently he never comments on cases even when they are considered closed because they sometimes have a way of being reopened. Mello said the homicide reversals by the Supreme Court are based on different fact patterns. Mello, at the request of The Burlington Free Press, recently reviewed the reversals in four homicide cases: Rebecca Durenleau in Chittenden County, Christopher Bacon in Windham [end page one] [start page two]County, and Monica Pollard and Wayne Delisle in Franklin County. The Supreme Court said: -In Durenleau, the verdict was incorrectly based on the jury's conjecture. -In Bacon, the trial judge erred when he explained the concept of intent. -In Pollard, there was inadequate proof in the court record to show he was competent to enter a guilty plea. -In Delisle, the judge erred in his instructions on whether the defendant could be found guilty of manslaughter, a lesser offense. Mello praises the court for overturning Delisle's murder conviction. Mello noted he is working on the appeal for a Florida death row inmate and the U.S. Supreme Court rejected the same argument. Mello, who has taught at the law school in South Royalton for eight years, said the Vermont court, in overturning other cases, is a strong believer in protecting rights of citizens, especially when it comes to search and seizure. Reaction and change Former Chittenden County State's Attorney William Sorrell was among those livid by the high court's overturning the 1992 conviction of Rebecca Durenleau for helping her then-lover Harmon Olmstead kill her husband, Michael Durenleau, in 1985. The high court said the jurors had used too much circumstantial evidence to convict the woman and had to leap too far to connect The justices [image - Frederic Allen, labeled: Name: Chief Justice Frederic Allen Date of birth: May 31, 1926 Residence: Shelburne Family: Wife, Karen McAndrew; two sons and two daughters Background: Born and educated in Burlington. 1951 graduate of Boston University Law School, Burlington alderman, private practice with Dinse, Allen and Erdmann 1951-84. Named chief justice in 1984.] [image - Ernest Gibson, labeled: Name: Associate Justice Ernest Gibson Date of birth: Sept. 23, 1927 Residence: Montpelier Family: Wife, Charlotte; one son and two daughters Background: Born and educated in Brattleboro. 1956 graduate of Harvard Law School, former state's attorney and legislator from Windham County, chairman of the Public Service Board in 1963, elected a Superior Court judge in 1972. Appointed to Supreme Court in February 1983. ] [image - John Dooley, labeled: Name: Associate Justice John Dooley Date of birth: April 10, 1944 Residence: South Burlington Family: Wife, Sandra Background: Born and educated in Nashua, N.H. 1968 graduate of Boston College Law School, head of Vermont Legal Aid, secretary of administration for governor. Appointed to the court in June 1987.] [end page two] [start page three] her to the death. In a rare move, the court set Durenleau free instead of ordering a new trial. Although the case angered the public, there appeared to be no doubt in the mind of the high court. The diverse court had no dissenting opinions. Sorrell, who has been mentioned as a possible successor to Allen when he retires in the spring, said the court did not have the benefit of hearing the testimony or noting the demeanor of witnesses. Sorrell's criticism of the court is rare among lawyers for two reasons: The Supreme Court is in charge of discipline, and most losing lawyers know they are likely to have more cases before the justices. Nothing can be done when the court says there was too little evidence, as in Durenleau's case. After other Vermont Supreme Court rulings, the Legislature has passed new laws to overrule the effect a court decision can have in future cases. Former Attorney General M. Jerome Diamond said he won a workman's compensation claim on appeal and the next session of the Legislature, lawmakers passed a law prohibiting others from winning under similar circumstances. Putter agrees with Diamond. Putter noted the court can make "bad law," as when it upheld the conviction of the killer of policeman Edward Battick, but ruled the mandatory life sentence actually meant up to life and parole was available immediately. The Legislature later passed laws establishing new sentences for first- and second-degree murder and allowed for life sentences without parole. Diamond said he would not be surprised if the Legislature were asked to eliminate the three-year statute of limitations for manslaughter because of the Delisle case and a similar Chittenden County case. [image - James Morse, labeled: Name: Associate Justice James Morse Date of birth: Sept. 11, 1940 Residence: Charlotte Family: Wife, Gretchen; two daughters Background: Born in New York City and educated in Eastchester, N.Y; 1969 graduate of Boston University Law School, defender general and Superior Court judge. Appointed to Supreme Court in 1988.] [image - Denise Johnson, labeled: Name: Associate Justice Denise Johnson Date of birth: July 13, 1947 Residence: Shrewsbury Family: Husband, Thomas Wies; a son and a daughter Background: Born and raised in Wyandotte, Mich. 1974 graduate of University of Connecticut Law School, Vermont Law School teacher, assistant attorney general 1980-88, Vermont Human Rights Commission 1988-90. Appointed to the Supreme Court in December 1990.] [end page three] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newpaper Contributor of the Digital Item Person submitting the digital item to the collection. Hobbs, Sophia Student Editor of the Digital Item Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Justice chided for overturning 5 high-profile homicide cases Subject The topic of the resource Homicide--Law and legislation Vermont. Supreme Court Description An account of the resource In 1995, five homicide convictions are overturned by the Vermont Supreme Court. Michael Mello praises justices for overturning murder convictions. Creator An entity primarily responsible for making the resource Donoghue, Mike Source A related resource from which the described resource is derived Donoghue, Mike. "Justices chided for overturning 5 high-profile homicide cases." The Burlington Free Press, October 8, 1995. Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-10-08 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 3 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Montpelier, VT homicide Michael Mello Vermont Vermont Supreme Court https://www.hist299.umwhistory.org/files/original/ccff6589f32697e08f158eb02fd330ac.jpg 995b72520bb0aeb0f0546fc0d5fc8436 https://www.hist299.umwhistory.org/files/original/3981b912e66909a5af0d7f13a04b2d0b.jpg 8eb559f1677078cbf4e919053d6f8514 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michael A. Mello Papers, Series 1 News Clippings, Binder 4 Text Text Any textual data included in the document [Start of the first page] [Heading] Justices Grant Stay to Spaziano [subheading] The execution of the convicted killer is halted, in part because of a fight over who should represent him. By Diane Rado Times Staff Writer [start of the first column] TALLAHASSEE- The Florida Supreme Court on Tuesday halted Joseph "Crazy Joe" Spaziano's execution, making him only the second death row inmate in history to survive a fifth death warrant. The indefinite stay was a gift of life for Spaziano, who celebrated his 50th birthday Tuesday. It was another setback for Art Harberts, who has waited some 20 years to see the man convicted of killing his daughter put to death. But Harberts hasn't lost hope. [Image of Spaziano] "I think maybe people don't have much faith in the justice system," he said. "I know it grinds slowly, but I'm quite sure that, eventually, justice will be served." Spaziano was headed to Florida's electric chair Sept. 21 for the 1973 rape and murder of Laura Lynn Harberts, an 18-year-old Orlando hospital clerk. Her mutilated body was found partly covered with leaves and trash in a dump in Seminole County. Instead, Spaziano will get a chance to Please see Spaziano 4B [end of the first page] [Start of the second page] Spaziano from 1B prove his innocence. The Supreme Court issued a stay pending the outcome of a hearing in Seminole County to be held by Nov. 15. The hearing will focus on a stunning recantation from Anthony DiLisio the state's star witness, some 20 years ago who tied Soaziano to the crime scene. DiLisio told the newspaper reporters and the Florida Department of Law Enforcement this summer that it was police-not Spaziano-who took him to the dump where Harberts' body was found and that the police manipulated, hypnotized and possibly drugged him to get testimony against Spaziano.  Controversy has been growing ever since, but it was a bizarre, last-minute fight over who will represent Spaziano that led to the stay. Michael Mello, Spaziano's attorney this summer, refused to attend a crucial hearing on the case originally scheduled for this Friday and refused to hand over hos files to the office of Capital Collateral Representative, the agency that defends death row inmates who don't have counsel. When CCR tried to visit Spaziano on Monday, he turned them away. Mello told CCR not to interfere in the case. [image] [Caption] Michael Mello refused to attend a hearing that had been set for Friday.  The Supreme Court wasn't pleased. Justices had said in an opinion just last week that CCR has the primary responsibility for the Spaziano case. "The fair administration of justices in Florida cannot proceed with such flagrant disregard of this court's procedures and directions," Tuesday's opinion states. In view of Mello's refusal to attend the hearing, among other factors, "we find that he has effectively withdrawn from representing Spaziano," the court wrote. Becuase Mello also has said he is not a trial attorney and doesn't have the resources to prepare for a new hearing, "We find that he is not competent to continue this representation." Justices ordered Mello to immediatelty deliver his files to CCR. "We direct that CCR shall act as Spaziano's counsel without Mell's assistance or interference," the court-ordered. Mello said Tuesday that he will appeal the ruling to the US Supreme Court. "I think it violates due process and equal protection to order a death row prisoner to be saddled with an inept public defender office that has a track record of botching the investigation in this very case," Mello said. "I think it's a little hypocritical of the court to trash me and then stick Hoe with this quack public defender." Mello has accused CCR of among other things, threatening and intimidating DILisio before the recantation. CCR has denied the allegation. Martin McClain, chief assistant at CCR, acknowledged Tuesday that Spaziano doesn't want the agency as his attorney. "We're willing to do it and we want to do a good job, but it's difficult to be forced upon someone who doesn't want you," McClain said. The opinion Tuesday does give leeway for a volunteer lawyer to take over the case, and Mello said he has been talking to Florida law firms that may be willing to step in. The stay was no surprise to thise who have watched recent flap over who will represent Spaziano. "The way it was set up by Mello and the CCR's reaction, it was pretty clrar that the court was left with very little alternatice said Dexter Douglas, general counsel for Gov. Lawton Chiles. "We'll honor the stay until they (Supreme Court justices) life it and at that time, a new warrant will most probably be issued unless there is some change in the situation," Douglass said. The evidentiary hearing could lead to a new trial for Spaziano. Only Willie Darden has survived past the fifth death warrant. He was electrocuted in March 1988 on his seventh warrant. Spaziano had just finished a cist with his mother and sister Tuesday afternoon when Mello called him at Florida State Prison with news of the stay. "I said, 'Happy birthday,'" said Mello. " There was a few seconds of silence. Then he said, 'Thank God, thank you." In Jacksonville, Laura Lynn Harberts' father wasn't surprised; He said he expected a stay after controversy over DiLisio's recantation, He lives with constant reminders of his daughter he said, and gets discouraged that the man conivcted of killing her still is alive. But he doesn't hate Spaziano. "I learned a long time ago that it doesn't do any food to hate somebody," Harberts said. "The hate eats you up." [end of article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data newspaper Contributor of the Digital Item Person submitting the digital item to the collection. Williams, Megan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Justices grant stay to Spaziano Subject The topic of the resource Capital punishment Description An account of the resource The Florida State Supreme Court halted Joseph Spaziano's execution. Creator An entity primarily responsible for making the resource Rado, Diane Source A related resource from which the described resource is derived St. Petersburg Times Publisher An entity responsible for making the resource available HIST 298, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource 1995-13-09 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource 2 JPGs 300 DPI Language A language of the resource English Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Florida https://www.hist299.umwhistory.org/files/original/c5e92d263b6c4c369bf853e9c6b7b8e3.jpg dd5fcff14847cb4f6ea335d786cc944e Text Text Any textual data included in the document SAN FRANCISCO - Convicted Unabomber Theodore Kaczynski says he was coerced into pleading guilty to three murders and wants a federal appeals court to allow a trial, which could end in a death sentence. The guilty pleas “were induced by the threat of a mental-state defense that Kaczynski would have found unendurable, as well as by deprivation of constitutional rights,” such as the right to control his own defence and represent himself, he wrote. In a 58-page, handwritten brief, composed in a maximum-security federal prison in Colorado, Kaczynski asked the 9th US Circuit Court of Appeals to be allowed to withdraw his guilty pleas and go to trial. As an alternative, he requested a new US District Court hearing, before a different judge, on whether his rights were violated when his lawyers insisted on using a defense based on his mental condition. “Kaczynski’s counsel’s portrayal of him as a grotesque lunatic would have been broadcast nationwide, and this was a prospect that anyone might have found unendurable. Suicide to avoid public humiliation is by no means unknown,” wrote Kaczynski, who attempted suicide in jail after his lawyers told him of their plans. His brief was due yesterday but was filed Dec. 28. The document delves into complex constitutional arguments, abounds with legal citations, and refers to the defendant as “Kaczynski” and to the writer as “we.” Kaczynski, a Harvard-trained mathematician who became a forest recluse living in Montana, pleaded guilty in January 1998 to mail bombings that killed three people and injured 23. Two deaths occurred in Sacramento and the third was in New Jersey. His guilty plea came after the US District Judge Garland Burrell of Sacramento refused to let him represent himself or delay the trial to let Kaczynski get a lawyer who would present a defense based on his views about technology and the environment. Kaczynski began the appeal shortly after he pleaded guilty. The appeals court allowed Kaczynski to reopen the case in October, ruling that he had made a substantial showing that his rights were violated when he was denied the right to represent himself or prevent his lawyers from offering evidence about his mental condition. After further arguments, the three-judge appellate panel will decide whether to let the case go to trial. Assistant US Attorney Steve Lapham, the government’s lawyer, declined comment. The Justice Department initially sought a death sentence for Kaczynski but accepted a life sentence after a court-ordered psychiatric examination, conducted over his objections, concluded he was a paranoid schizophrenic. Kaczynski’s writings have connected the attacks to his campaign against technological tyranny. Michael Mello, a Vermont Law School professor who has written a book on the case and helped Kaczynski with an earlier legal filing, said yesterday he thought Kaczynski could represent himself adequately. Description: Convicted Unabomber Theodore Kaczynski files a handwritten appeal asking the 9th U.S. Circuit Court to let him withdraw his 1998 guilty pleas, claiming they were coerced by the threat of a mental-defense strategy and denial of his right to represent himself. He seeks a new trial that could result in the death penalty. Title: Kaczynski, in brief, says he wants trial Subject: Theodore Kaczynski, Unabomber, guilty plea withdrawal, 9th Circuit appeal, self-representation, mental health defense Creator: Bob Egelko Source: The Boston Globe, Associated Press (AP) Date: Jan. 19, 2000 Format: JPG Identifier: https://www.latimes.com/archives/la-xpm-2000-jan-19-mn-55403-story.html Coverage: 1998/2000 ; San Francisco, California, United States ; 9th Circuit Court of Appeals Original Format: Strip of newspaper taken from The Boston Globe Notes: This piece was written by Bob Egelko, published by Associated Press (AP) and was featured in The Boston Globe. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Strip of newspaper taken from The Boston Globe Vol. No./Issue No. Volume and issue number for the newspaper (if available) N/A Contributor of the Digital Item Person submitting the digital item to the collection. N/A Notes Additional information regarding your item. This content will not be viewable in the Public View. This piece was written by Bob Egelko, published by Associated Press (AP), and was featured in The Boston Globe. Student Editor of the Digital Item Cole Cox Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kaczynski, in brief, says he wants trial Subject The topic of the resource Theodore Kaczynski, Unabomber, guilty plea withdrawal, 9th Circuit appeal, self-representation, mental health defense Description An account of the resource Convicted Unabomber Theodore Kaczynski files a handwritten appeal asking the 9th U.S. Circuit Court to let him withdraw his 1998 guilty pleas, claiming they were coerced by the threat of a mental-defense strategy and denial of his right to represent himself. He seeks a new trial that could result in the death penalty. Creator An entity primarily responsible for making the resource Egelko, Bob Source A related resource from which the described resource is derived The Boston Globe, Associated Press (AP) Publisher An entity responsible for making the resource available HIST 299, University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource Jan. 19, 2000 Rights Information about rights held in and over the resource The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source. Format The file format, physical medium, or dimensions of the resource .jpg Language A language of the resource English Identifier An unambiguous reference to the resource within a given context https://www.latimes.com/archives/la-xpm-2000-jan-19-mn-55403-story.html Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1998/2000 ; San Francisco, California, United States ; 9th Circuit Court of Appeals Circuit court Kaczynski Michael Mello retrial Theodore Kaczynski trial Unabomber