9 20 256 https://www.hist299.umwhistory.org/files/original/b3cb2200cf83c52203005a4a3558cd82.jpg 8301aef9f8b8a86a6f0715c4c0ef5863 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 In the October 31 issue of PROMETHEUS, my good friend Lisa Langebach argued that our governmental philosophy should be governed by the “simple principle” advanced by John Stewart Mill in his essay On Liberty: “that the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” Thus the famous “harm principle”, which Ms. Langenbach feels “provides a solid foundation for all action” and should be the basis of the American legal code. I happen to agree with her, but for the sake of discussion I would like now to present the opposing viewpoint, and in so doing I should thank Dr. Fullinwider of the Philospohy Department for showing me that there was a strong, rational conter-argument of Mill. Mill’s “simple” principle is really not so simple at all. He writes that “if anyone does an act hurtful to others, there is a prima facia case for punishing him by law. Yet Mill never specifically defines “harm.” Does only physical harm count, or are embarrassment, frustration, and mental anguish also included within the harm principle; certainly they all constitute harm. Further, Mill never spedifies how much harm is necessary before legal punishment may ensure, what is the harm threshold, in other words? Mill’s failure to deal fully with these matters raises serious ambiguities about his tesis, especially since he offers many qualifications to his ‘simple” harm principle. First, he justifies state coercion aon matters of joint society interest; “there are many be compelled to perform, such as to give evidence in a court of justice and to bear his fair share in the common defense.” Mill does not stop there; “a person may cause evil to other not only by his actions but by his inaction and in either case he is justly accountable to them for the injury.” Thus, a citizen may be punished for inaction as well as action, and both punishments are surely infringemints on freedom. We are “harmed,” but Mill justifies it. This point about omissions is crucial for it means that harm is not necessary a prerequisite for punishment. I now don’t have to actively harm someone in order to be punished. Further, hamr alone is note ven a suffiecent condition for punishment: if I invent a machine that makes it possible for me to put you out of business, I have certainly hurt you. Yet Mill holds that the State may not punish me for this harm. Now the harm must be of a certain nature before punishment may be justifiend: hamr alone is no longer the yardstick. These qualifications cut the heart out of the harm principle and render it useless as a standard for gouging the validity of laws or other social policy. Mill assumes that there exists isolated vacuums of private conduct over which the “individual in soverign” and the state may not interfere. But, as Joel Fienbeg wrote in Social Philosophy, “there are a thousand subtle and indirect ways in which every individual act, no matter how private and solitary, is the cause: if he did not smoke marijuana his mother would not have been harmed. Similary my mere knowledge of the fact that homosexual activity is taking place in the dorm room next to me may cause me tremendous mental and emotional harm – yet the gays next door may not be pusish for this harm: the fatal heart attack that affects others.” A mother may be so upset over her son’s private marijuana yse that she has a nervous breakdown. The mother has been harmed, and it seems that her son results from my consternation is only an “inconvenience which society must bear for the greater good of human freedom, unless the individual violats a specific duty to the public.” Thus, the “self-regarding/ other-regarding” distincition. But how can Mill just blithfull exempt this kind of harm from punishment without specifying precisely what the indivudals “duties” to his society are? Harm alone is not an adequate measure. Mill attempted to deal with this problem by specifying two different types of social response to “problem” citizens. While only direct harm may be punished by the criminal law, indirecdt harm (such as my gay neighbor) may be punished by a sort of “social law” we may avoid the offender, withhold gratuitus benefits from his and so forth. In dealing with such an offender, “we may express our distaste and we may stand aloof from a person as well as a thing which displeases us, but we shall not therefore feel called on to make his life merable.” But is this really sufficient? Mill assumes that “the greater good of human freedom” will always outweigh the “inconvenience” yet this may not be the case. Take, for example, a private billboard palced on private property, adjoining a public highway. Suppose the billboard contained a twelve foot caricature of former President Nixon performing sodomy with a Palimeno pony under the caption “Nixon Sucks.” I wonder if this is an “inconvenience” that the public would afford for the “greather good of human freedom.” Mill is a utilitarian, which means that he does not appeal to abstract principle to support his thesis. But Martin Golding has argued that “the utilitarian argument cuts both ways: why shouldn’t the individual’s greedom be limited if it promotes the general happiness and perhaps his own happiness in the end?” Mill also assumes that freedom is necessary for self-fulfillment, a presupposition which he never develops. If freedom is so valuable, then why do so many people surrender theirs to dictators so easily? For these reasons, the harm principle alone cannot be the basis of social policy. It is too nebulous and it is this very quality which makes it so seductive. But, as Socrates once said, “The beginning of wisdom is the definition of terms.” 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. Gallagher, Caleb S. 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 Obeying The Law: Another Opinon Subject The topic of the resource Law Student newspapers and periodicals Description An account of the resource An article by Micheal Mello questioning the law and how the law should be followed. Creator An entity primarily responsible for making the resource Mello, Micheal A. Source A related resource from which the described resource is derived Mello, Michael A. "Obeying The Law: Another Opinion." Prometheus. Michael A. Mello Papers, 1957-2008, Special Collections, Simpson Library, University of Mary Washington 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 Fredericksburg, VA Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI harm Law practice of law https://www.hist299.umwhistory.org/files/original/9041380fbbcb59f8f41dfa01c802c039.jpg 711c4bb953411f88a1add412d139cad1 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 It has come to my attention that certain students and others were offended by the timing of November 11, 1977 Prometheus article “Dean Rusk: Guilty of War Crimes?” The article appeared the day Mr. Rush arrived on campus for his four day visit here, and some members of our academic community felt that my piece should not have appeared until after DVIR had departed Fredericksburg. Some clarification is in order: First, the intent of my article was not to insult anyone, either Mr. Rusk himself or the people who brought him here; were this the case, we would have omitted the question mark in the headline. The sole purpose of the article was to present one student’s view of the way America, through its high governmental officials such as Mr. Rusk, chose to wage war in Southeast Asia. This view, incidentally, is shared by a number of individuals whose credentials in the academic and legal community are somewhat better than mine-for example Noam Chomsky, Richard Hammer, and Telford Taylor, the U.S. Chief Council at Nuremberg in 1945-1946. Second, I chose for the article to appear when it did out of fairness to Mr. Rusk: so that interested students could go to Mr. Rusk and discuss the questions I raised in my article with him. This gave Mr. Rusk an opportunity to present his side of the story, to disprove my argument and to enlighten us about his version of American war crimes in Vietnam and who is responsible for them. I felt that to suggest that Mr. Rusk might be guilty of war crimes after he had already departed for Georgia would be a disservice for both our DVIR and the students of MWC. 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. Gallagher, Caleb S. 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 Response To Rusk Critics Subject The topic of the resource Student newspapers and periodicals Rusk, Dean Description An account of the resource A reaction from Micheal Mello about an article he published regarding a visitor to the Mary Washington. Creator An entity primarily responsible for making the resource Mello, Micheal A. Source A related resource from which the described resource is derived Mello, Michael A. "Response to Rusk Critics", Prometheus. Michael A. Mello Papers, 1957-2008, Special Collections, Simpson Library, University of Mary Washington. 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 Fredericksburg, VA https://www.hist299.umwhistory.org/files/original/fcdc858be11c8a35a7fc0aa717c11aa8.jpg 5b1efa9bd8f5be341db14583b8849e7f 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 It is impossible to understand Mary Washington College's recruitment of Black students apart from the entire admissions policy. The affirmative action program exists within and is an integral part of the total recruitment sector of the College; it is not a separate entity. The recruitment program of MWC begins with "college search." Every year Mary Washington College sends out self-descriptive brochures to 10,000 Virginia and 15,000 out-of-state high school students who meet the basic admissions standards of the College. The College Search Program is a part of the Admissions Testing Program, and MWC receives a list of qualified high school students who indicate interest in pursuing a liberal arts education. Dean of Admissions H. Conrad Warlick observes that this first step in the recruitment process does not take race into consideration: "We are not excluding anyone. We are including everyone in this search." All Virginians who qualify are sent a brochure. Mary Washington College also participates in state-wide college day and college night activities. MWC was a leader in this program all-inclusive, boycotting high schools that excluded one race or the other. Warlick relates that "Mary Washington said we will not participate in programs that are not open to all students ... we helped turn the screws on school districts that didn't want to include all students." Further, representatives of the College visit many individual Virginia high schools. Some of these secondary schools do not have college day functions; Other specially request MWC to make an individual visit. Several of these schools are predominantly Black; for example, this year representatives of Mary Washington visited all Richmond high schools, most of which are predominantly Black. The College also participates in a program sponsored by the National Scholarship Fund for Negro Students and the Richmond public schools. Similar programs for minority are organized in Washington DC. Outside of Virginia, MWC is represented at many college fairs: large, arena-style programs at which 300 to 400 colleges make a showing. These fairs are often held in urban centers such as Washington, DC, Pittsburgh, and New York. All these efforts, however, can only go so far. Dean Warlick notes that "the student must decide to apply to Mary Washington College." The College cannot decide for them. Mary Washington College does have control over the second stage of the process: the decision to admit or reject an applicant on the basis of that applicant's qualifications. The College's dedication to non-discriminatory admissions is most obvious at this stage, the stage at which the institution exercises the most control. The final decision. like the initial decision to apply, is up to the student: only the applicant can ultimately decide to attend MWC rather than other institutions that might have accepted him. Dean Warlick emphasizes that of these three stages of the admissions process, the "College has control over only one. It's not like busing secondary school or elementary school students from one area of a town to another, where they basically have no choice about where they will go. In the collegant sector, the choice of where a student elects to go or not is the student's. The institution doesn't really have much control." 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 Affirmative Action at MWC Subject The topic of the resource Affirmative Action Creator An entity primarily responsible for making the resource Mello, Micheal A. Source A related resource from which the described resource is derived The Bullet 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 1978-04-25 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 Michael A. Mello wrote this article on affirmative action in the MWC admissions process. 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 Format The file format, physical medium, or dimensions of the resource JPEG 300 dpi Affirmative Action Programs Affirmative Action programs in education Article Michael A. Mello The Bullet https://www.hist299.umwhistory.org/files/original/e1e73fb6f70ae1c1efef46a0137c9125.jpg 3c4a32f78c43d01ad0696ad3a21399e0 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 Text Any textual data included in the document Tallahassee- The Key witness against a motorcycle gang member sentenced to death in a 1973 murder case joined the condemned man Wednesday in asking Gov. Lawton Chiles for clemency. However, attorneys for Joseph Spaziano are losing hope that a Florida Department of Law Enforcement review of the police investigation and trial will convince Chiles to spare the 49-year-old member of the Outlaws Motorcycle Brotherhood. "If Joe sees the end of July, I'll be surprised," said Spaziano's attorney, Michael Mello, a University of Vermont Law professor. "I don't have any faith in the courts anymore in this case and it's really difficult for me to say that." Chiles indefinitely stayed Spaziano's execution and ordered the FDLE investigation earlier this month after the prosecution's star witness, Anthony Dilisio, came forward to dispute his original testimony in the case. Spaziano, nicknamed "Crazy Joe," was convicted of murdering and mutilating Orlando hospital aide Laura Lynn Harberts and leaving her body in a trash dump near Altamonte Springs in 1973. He was sent to death row in 1976 almost entirely based on the testimony of Dilisio, who at the time was an 18-year-old abuser of illegal hallucinogens and who first remembered Spaziano boasting of the murder while under hypnosis by police. Testimony induced by hypnosis no longer is allowed as evidence in Florida courts. The jury in the case, which recommended against the death penalty, was not told Dilisio was hypnotized. Dilisio, 37, now says he doesn't remember Spaziano taking him to the garbage dump and bragging "Man, that's my style," while viewing the mutilated bodies of two women. "Anthony just feels that he has to do what's right and that he was just manipulated by the police and he never saw any bodies," said Dilisio's attorney, Kelly McGraw of Pensacola. Spaziano's attorneys have long asserted that Dilisio was coaxed into "remembering" Spaziano taking him to view the bodies and believe their client was convicted only because of his membership in a motorcycle gang. In fact, Dilisio, a lay preacher who works in Pensacola restoring classic automobiles, now says he only vaguely remembers the trial or anything before his 21st birthday. McGraw said Dilisio told FDLE agents in a videotaped interview that the first time he saw the bodies at the dump was when police officers - not Spaziano - took him there. "I find that to be a recantation," McGraw said. Mello sent Chiles a nearly 200-page plea for clemency Wednesday, including Dilisio as one of the parties requesting clemency. However, Mello and McGraw questioned whether FDLE investigators would probe the methods used to convict Spaziano or simply try to discredit Dilisio's new testimony. "The investigation is beginning to smell more like a whitewash," Mello wrote to Chiles. Dexter Douglass, Chiles' chief legal counsel could not be reached for comment Wednesday and other attorneys for the governor said they could not comment on the clemency request. A spokesman for the FDLE also declined comment on Spaziano's case. Dilisio has agreed to submit to a lie detector test to prove his claims, a test FDLE initially requested but never performed after Dilisio agreed, McGraw said. Mello said he would not be surprised if Chiles signs Spaziano's fifth death warrant Friday after FDLE submits its report. Three previous warrants were stayed as the case worked its way through the legal system. A fourth, scheduled to be carried out June 27, was stayed after Dilisio cam forward. [Picture of Joseph Spaziano: Joseph Spaziano, shown here in 1976, was convicted in the 1973 death of a hospital aide.] 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. Thiessen, Annika 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 Clemency sought in death case Subject The topic of the resource Clemency Death penalty Description An account of the resource The article discusses a plea for clemency in the death sentence of a motorcycle gang member after the key witness for the prosecution recanted their testimony. Creator An entity primarily responsible for making the resource Metz, Kevin Source A related resource from which the described resource is derived The Tampa Tribune 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 1995-06-29 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 Tampa, FL Clemency death penalty https://www.hist299.umwhistory.org/files/original/b623fe5db2841f38685de43925d176a1.jpg f5161ae193c29a973f0e8c8cb04feae5 https://www.hist299.umwhistory.org/files/original/c145c27ad65e883e9ccc708f4297cb4b.jpg 092597efba95011f958f2d5922db532b 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 Text Any textual data included in the document These cutouts from the Tampa Tribune reports the order from governor Lawton Chiles of Tallahassee to execute "Crazy" Joe Spaziano after new evidence from unknown witnesses turned up in the case. Chiles, from the new evidence reported is quoted as being certain that the murders were of Spazianos doing. Spaziano had till this point appealed to the courts a total of 16 times, all of these appeals eventually being rejected. The evidence did not settle well with Spazianos attorney, Michael Mello as he believed the evidence was fraudulent. The case had garnered national attention and Mello had managed to take it to the Florida Supreme Court after many outlets spoke out against the prospect of execution. 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. Helms, Brendan 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 Chiles orders execution of killer Subject The topic of the resource Chiles, Lawton Spaziano, Joe Description An account of the resource Governor Chiles orders the execution of Joe Spaziano after new evidence from witnesses is presented. Spaziano's attorney, Michael Mello, is reported as believing this information from the witnesses is fraudulent. Creator An entity primarily responsible for making the resource Metz, Kevin Source A related resource from which the described resource is derived Tampa Tribune 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 1995-08-25 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 https://www.hist299.umwhistory.org/files/original/ffad1f69ff5a07c3500087cff788d6d9.jpg 87430e4d256362f22a8954e46cb44b03 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]: Spaziano gets stay of execution [Text]: TALLAHASSEE - The Florida Supreme Court granted convicted murderer Joseph Spaziano an indefinite stay of execution Tuesday after a dispute among the condemned man's attorys left him without legal representation. Spaziano, an Outlaws motorcycle gang member convicted in 1976 of mutilating and murdering an 18-year old Orlando hospital clerk, was set to die at & a.m. Sept. 21. It was his fifth death warrant in 20 years and second stay in three months. The Supreme Court postponed a lower court hearing in Seminole County set for Friday and ordered another one held by Nov. 15 to allow Spaziano's attorneys a chance to prepare. "My overriding feeling is relief and joy that my innocent client isn't going to be killed on schedule," said Michael Mello, a Vermont Law School professor who represented Spaziano. Spaziano, who turned 50 Tuesday, was relieved at the news, Mello said. The delay came after Mello refused to represent Spaziano at the Friday hearing, arguing he didn't have the time or money to prepare. He also refused the court's order to cooperate with state-paid attorneys assigned to represent the biker. "The court had very little choice except to do what they did," said Dexter Douglass, Gov. Lawton's chief legal counsel. "Mr. Mello created a situation where it couldn't be handled fairly, did it purposely." Mello has behaved unprofessionally and displayed contempt for the court, Douglass said. "What he's done doesn't enhance the views of lawyers, or the courts or the media," Douglass said. Last week, the court ruled in a 4-3 opinion not to grant a stay but ordered the hearing Friday on evidence that the key witness against Spaziano had lied. The witness, Anthony DiLisio of Pensacola, recently told the Florida Department of Law Enforcement that he was coaxed into lying at Spaziano's by police officers who hypnotized him and offered him favors. Several justices argued that if DiLisio was telling the truth, Spaziano deserved a new trail, but they refused to call off the execution before the hearing Friday. The court envisioned Mello and the office of the Capital Collateral Representative, the state appointed attorneys for Death Row, working together this week to prepare for the new hearing, but that was not to be. Over the weekend, a feud between Mello and the CCR over who should represent Spaziano escalated into a full-scale war, fought with legal briefs and and accusations of misconduct. The court lose patience with Mello on Tuesday and ruled unanimously that he had "effectively withdrawn" as Spaziano's attorney. Spaziano now must accept representation by CC, some other volunteer lawyer or no attorney at all, the court said. [end text] [photograph]: Spaziano behind bars [photograph text]: Motorcycle gang member Joseph Spaziano was convicted in 1976 of mutilating and and murdering an 18-year old hospital clerk. 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. Gill, Dennis 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 Spaziano gets stay of execution Subject The topic of the resource Capital punishment Description An account of the resource On September 13, 1995, Joe Spaziano gets an indefinite stay of execution from the Florida Supreme Court. In addition, Spaziano's lawyers get a chance to prepare their case while Mello runs into legal trouble Creator An entity primarily responsible for making the resource Metz, Kevin Source A related resource from which the described resource is derived The Tampa Tribune 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 1993-09-13 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 capital punishment Mello Spaziano https://www.hist299.umwhistory.org/files/original/e5c88028caa10544cafb60bedb3af005.jpg 9df7c369870ad5f8a7eb504960a8acbc 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 Text Any textual data included in the document Tallahassee -- Citing lack of money and time, the lawyer for condemned killer Joseph "Crazy Joe" Spaziano has asked The Florida Bar whether he should remove himself from the case. In a letter to the Florida Supreme Court, Michael Mello said his job as a law professor and his inability to hire full-time secretaries. researchers or investigators may hinder his ability to represent Spaziano. Also Tuesday, the governor's legal counsel said he may release part of a Florida Department of Law Enforcement report that Gov. Lawton Chiles cited to justify signing Spaziano's fifth death warrant last week. The former motorcycle gang member is scheduled to be executed Sept. 21 for the 1973 murder and mutilation of Laura Lynn Harberts, an 18-year-old Orlando hospital clerk. Her body was dumped in rural Seminole County, near Altamonte Springs. General Counsel Dexter Douglass said he had no objection to releasing an edited report of the FDLE findings "if we can be assured that this would not expose these witnesses to harm." Any version released would have witnesses' naems removed, he said. Chiles' spokesman Ron Sachs said the governor is wary of releasing the report in any form but would consult with Douglass. The Orlando Sentinel, The Miami Herald and The St. Petersburg Times have asked for the report, in which several witnesses corroborate the original testimony of a key witness against Spaziano who recently changed his story. Chiles ordered the report kept secret as part of a clemency request filed by Mello. Douglass said another piece of the Spaziano inquiry -- a videotaped interview made this summer with witness Anthony Dilisio, who says 1976 trial testimony was manufactured by police Please see SPAZIANO, C-4 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. Cary, Colton 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 Spaziano's lawyer wants off case Subject The topic of the resource Law Description An account of the resource Lawyer for Joseph Spaziano, Michael Mello, asks The Florida Bar if he should remain on the case. Due to lack of time and money, Mello finds this case hindered. Creator An entity primarily responsible for making the resource Michael Griffin Source A related resource from which the described resource is derived The Orlando Sentinel 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 1995-08-30 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 Joe Spaziano Law Michael A. Mello https://www.hist299.umwhistory.org/files/original/51d2b6abad1d9c34bfb93e226f15c85c.jpg 86e21058760a8fe3bae0a811e3e52747 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 Court Refuses to Grant Delay in Execution Subject The topic of the resource Adams, Aubrey Dennis Jr. Thornley, Trisa Gail Supreme Court cases Description An account of the resource Associated Press article about an attempt to delay the execution of Aubrey Dennis Adams Jr., who was convicted of the murder of Trisa Gale Thornley. Mike Mellow was the defense attorney for Adams, and wanted to get the execution delayed in order to appeal the guilty verdict on the grounds that the jury was biased. Creator An entity primarily responsible for making the resource Associated Press Source A related resource from which the described resource is derived Unknown Publisher An entity responsible for making the resource available History 298 at the University of Mary Washington Date A point or period of time associated with an event in the lifecycle of the resource n.d. 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 jpeg Language A language of the resource English Identifier An unambiguous reference to the resource within a given context 101 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Washington D.C 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 United States Supreme Court refused to grant a delay in the execution of Aubrey Dennis Adams last week. Adams stands convicted of killing eight year old Trisa Gail Thornley in 1978. It is said that Adams was acquainted with the young girl's family, and was responsible for making an "obscene" phone call to her family after kidnapping and killing her. Thornley was found dead in a wooded area on March 15, 1978. Adams' attorneys are filing for an appeal on the grounds that they believe the jury was not picked properly, and was biased as an effect. 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. Moncure-Williams, Mackie 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 Court Refuses to Grant Delay in Execution Subject The topic of the resource Adams, Aubry Dennis Jr. Thornley, Trisa Gail Supreme Court Cases Description An account of the resource This source is about a man named Aubry Dennis Adams, who was given the death penalty after being convicted of murder. Mike Mello was his defense attorney, and was attempting to get Adam's case reheard on the grounds that the jury was biased. Creator An entity primarily responsible for making the resource Moncure-Williams, Mackie 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 2016-03-18 Format The file format, physical medium, or dimensions of the resource 1 JPG Language A language of the resource English Identifier An unambiguous reference to the resource within a given context 101 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Washington D.C 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/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/97040e71d30a05e6d126b5e336ade784.jpg f2e8867438cd5c4eb5abfd4bd8ce04d6 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 Text Any textual data included in the document TALLAHASSEE - The Florida Supreme Court has put on hold "Crazy Joe" Spaziano's latest appeal to overturn his death sentence until Gov. Lawton Chiles decides whether the convicted killer should be granted clemency. In an order Thursday, the court said it will hold Spaziano's motion for a new hearing "in abeyance" until Chiles announces his decision. When the governor will announce his intentions isn't clear. Dexter Douglass, the governor's general counsel, said the Florida Department of Law Enforcement is still investigating the 22-year-old murder case to determine whether there is any new evidence. "We don't have any timetable on this," Douglass said. "We haven't gotten all of the information we are going to have." Chiles is being asked to absolve Spaziano of the charges that have kept him on Death Row since 1976. The former motorcycle gang leader was scheduled to be executed on June 27, but Chiles granted an indefinite stay after the state's main witness recanted key testimony. That witness, Anthony Dilisio of Pensacola, now says that what he testified to two decades ago wasn't true. He said he was coerced by police - and his father - to say that Spaziano took him to a rural dump and showed him the bodies of two women he said he killed. The case involved the death of Laura Harberts, an 18-year-old records clerk at an Orlando hospital, whose remains were found in rural Seminole County in 1973, and another person, never identified. Dilisio told The Herald in June that his memory is clearer about the time in his life when, as a teenager, he was the star witness in the sensational murder trial and a rape trial. Vermont law Professor Michael Mello, Spaziano's lawyer, called Thursday's court order "a very novel approach to judicial abstention - that the court ought to postpone a ruling pending a decision by another branch of government." But Mello said he is not optimistic that FDLE's new investigation will persuade Chiles to spare Spaziano. Only the government can recommend clemency, and then his recommendation must be approved by three Cabinet members. 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. Simmerman, Ryan 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 'Crazy Joe' appeal request on hold Subject The topic of the resource Florida Supreme Court Spaziano, Joe Florida Department of Law Enforcement Description An account of the resource The Florida Supreme Court has put a hold on "Crazy Joe" Spaziano's latest appeal attempt because the Florida Department of Law Enforcement is still investigating his murder case to figure out if there is any new evidence. Creator An entity primarily responsible for making the resource Nickens, Tim Source A related resource from which the described resource is derived The 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 1995-08 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 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 Orlando, FL Tallahassee, FL Crazy Joe Spaziano Florida death penalty Florida Supreme Court https://www.hist299.umwhistory.org/files/original/ae7798ab0914fe709e5f1966242d532a.jpg be7939f2053af724d903f9081bcfbf08 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 Article] [Heading] Fired For Saving His Client's Life [Start of Column One] "IF THIS COURT INtends to kill this innocent man by depriving him of the effective assistance of counsel," pro bono counsel Michael Mello wrote the Florida Supreme Court last September 8, "then it will do so without my complicity. I will not participate in a sham evidentiary 'hearing.'" To stop the machinery of death from claiming his client, Mello threw himself in the gears. By refusing to show up for a hearing for which he had been given less than a week to prepare---and highlighting that, in his opinion, his client was being denied effective assistance of counsel---he shamed the court into granting a stay of execution and time to prepare properly. For years the eccentric Mello now a professor at Vermont Law School ["When Worlds Collide," June 1995], had written in pleadings, law review articles, and newspaper editorials that his death row client, Joseph "Crazy Joe" Spaziano, was innocent. Mello's writings were always passionate, always verbose, occasionally offensive, and never successful. Spaziano, a member of an Orlando motorcycle gang, was [End of Column One] [Start of Column Two] convicted in January 1976 of brutally murdering Laura Harberts, an 18-year-old hospital clerk, who disappeared on August 5, 1973, and whose skeletal remains were discovered in a garbage dump 16 days later. While the case raised numerous perplexing legal issues, the most disturbing was that---unbeknownst to the jury---the testimony of the key prosecution witness, a troubled teenage drug addict named Anthony DiLisio, consisted almost entirely of hypnotically recovered memories. Although the state supreme court letter decided that hypnotically induced testimony was so unreliable as to be inadmissible per se, both that court and the federal courts refused to upset Spaziano's conviction, since his trial lawyer had never objected to DiLisio's testimony on those grounds. Indeed, his trial lawyer chose not to let the jury know that DiLisio's testimony was hypnotically induced, fearing that the jury might give it undue credence if it knew. While Spaziano's fourth execution warrant was pending in June 1995, DiLisio, now a born-again Christian, recanted his testimony. Governor Law- [End of Column Two] [Start of Column Three] ton Chiles briefly stayed Spaziano's execution to investigate the recantation, but in late August he issued a fifth warrant, claiming that a report by state investigators---which Chilies refused to make public---established that the recantation was false. Spaziano was to die September 21. On September 8 Mello went to the Florida Supreme Court seeking a stay of execution and an evidentiary hearing concerning the recantation. The Court granted the hearing, but refused to order a stay of execution. Instead, by a 4-to-3 vote, the court ordered Mello, an appellate lawyer with very little trial experience, no associates, and no investigator, to handle an evidentiary hearing one week later, on September 15. The court also ordered the state's Office of the Capital Collateral Representative (CCR)---a public defender's office devoted to capital post-conviction appeals---to assist Mello. Mello refused to comply. "We would have thrown a hearing together," he says, "put on enough evidence so that [the justices could say], 'Yeah, you had your hearing,' we would [End of Column Three] [Start of Column Four] [Image: Photograph of Michael Mello] have lost, the [trial-level] judge would have made killer fact-findings against us, and . . . Joe would have been dead on time and as scheduled." In a handwritten fax sent from his motel to the supreme court on the night of September 8, Mello just said no. He wrote, among other things, that he and CCR could not provide competent assistance with just six days' preparation. Mello also pledged that he would not surrender his 25 boxes of case files to CCR or to any other attorney in time for the hearing. "If you are going to kill an innocent man without a lawyer," he wrote, "you will do so in such a way that the whole world will see what you are doing. . . . I will not be your mask." [End of Column Four] [Start of Column Five] The high court blinked. On September 12 it threw Mello off the case, but granted Spaziano a stay. Then, in January, after new pro bono attorneys at 470-lawyer Holland & Knight took over the case---and the supreme court allowed them almost three months to prepare---circuit judge O.H. Eaton, Jr., of Sanford, Florida, overturned Spaziano's conviction and granted a new trial. "Mike Mello's responsible for Joe Spaziano's life," says H&K partner Gregg Thomas, who handled the hearing with his partner Stephen Hanlon and Orlando-based criminal specialist James Russ, Holland & Knight donated about $400,000 in lawyer time and $70,000 in costs to handle the hearing, Thomas estimates, not counting Russ's time. The state has appealed Judge Eaton's ruling to the Florida supreme court. Meanwhile, Spaziano is still serving life for the 1974 rape and battery of a 16-year-old girl. Mello believes Spaziano is innocent of that charge as well. But, as Mello says, "That's another story." ---Roger Parloff [End of Column Five] The American Lawyer April 1996.19 [End of Article] Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Format: Magazine Contributor of the Digital Item Person submitting the digital item to the collection. Schroeder, Audrey 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 Fired For Saving His Client's Life Subject The topic of the resource Capital punishment Spaziano, Joe Description An account of the resource Michael Mello is fired for trying to save Joseph Spaziano's life. Creator An entity primarily responsible for making the resource Parloff, Roger 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 1996-04 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. Language A language of the resource English Source A related resource from which the described resource is derived Parloff, Roger. “Fired For Saving His Client's Life.” The American Lawyer, April, 1996, 19. Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI https://www.hist299.umwhistory.org/files/original/754e1032183901295e62c24e710e1bdc.jpg 578e8a126791520f0fe92df4ac655fe7 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] ‘Mello’s responsible for Spaziano’s life’ [subtitle] Roger Parloff is a senior writer at The American Lawyer. This article is reprinted, with permission, from the April 1996 issue. “If this court intends to kill this innocent man by depriving him of the effective assistance of counsel,” pro bono counsel Michael Mello wrote the Florida Supreme Court last Sept. 8, “then it will do so without my complicity. I will not participate in a sham evidentiary hearing.” To stop the machinery of death from claiming his client, Mello threw himself in the gears. By refusing to show up to a hearing for which he had been given a week to prepare and highlighting that, in his opinion, his client was being denied effective assistance of counsel, he shamed the court into granting a stay of execution and time to prepare properly. For years the eccentric Mello, now a professor at Vermont Law School, had written in pleadings, law review articles, and newspaper editorials that his Death Row client, Joseph “Crazy Joe” Spaziano, was innocent. Mello’s writings were always passionate, always verbose, occasionally offensive, and never successful. Spaziano, a member of an Orlando motorcycle gang, was convicted in January 1976 of brutally murdering Laura Harberts, an 18-year-old hospital clerk, who disappeared on Aug. 5, 1973, and whose skeletal remains were discovered in a garbage dump 16 days later. While the case raised numerous perplexing legal issues, the most disturbing was that -- unbeknownst to the jury -- the testimony of the key prosecution witness, a troubled teen drug addict named Anthony DiLisio, consisted almost entirely of hypnotically recovered memories. Although the state Supreme Court later decided that hypnotically induced testimony was so unreliable as to be inadmissible per se, both that court and the federal courts refused to upset Spaziano’s conviction, since his trial lawyer had never objected to DeLisio’s testimony on those grounds. Indeed, his trial lawyer chose not to let the jury know that DeLisio’s testimony was hypnotically induced, fearing that the jury might give it undue credence if it knew. While Spaziano’s fourth execution warrant was pending in June 1995, DeLisio, now a born-again Christian, recanted his testimony, Gov. Lawton Chiles briefly stayed Spaziano’s execution to investigate the recantation, but in late August he issued a fifth warrant, claiming that a report by state investigators -- which Chiles refused to make public -- established the recantation was false. Spaziano was to die Sept. 21. On Sept. 8 Mello went to the Supreme Court seeking a stay of execution and an evidentiary hearing concerning the recantation. The court granted the hearing but refused to order a stay of execution. Instead, by a 4-to-3 vote, the court ordered Mello, an appellate lawyer with very little trial experience, no associates, and no investigator, to handle an evidentiary hearing one week later, on Sept. 15. The court also ordered the state’s Office of Capital Collateral Representative -- a public defender’s office devoted to capital post-conviction appeals -- to assist Mello. Mello refused to comply. “We would have thrown a hearing together,” he says, “put on enough evidence so that (the justices could say), ‘Yeah, you had your hearing,’ we would have lost, the [trial-level] judge would have made killer fact-finding against us, and . . . Joe would have been dead on time and as scheduled.” In a handwritten fax sent from his motel to the Supreme Court on the night of Sept. 8, Mello just said No. He wrote, among other things, that he and CCR could not provide competent assistance with just six days’ preparation. Mello also pledged that he would not surrender his 25 boxes of case files to CCR or to any other attorney in time for the hearing. “If you are going to kill an innocent man without a lawyer,” he wrote, “you will do so in such a way that the whole world will see what you are doing. . . . I will not be your mask.” The high court blinked. On Sept. 12 it threw Mello off the case but granted Spaziano a stay. Then, in January, after new pro bono attorneys at 470-lawyer Holland & Knight took over the case -- and the Supreme Court allowed them almost three months to prepare -- Circuit Judge O.H. Eaton Jr., of Sanford, overturned Spaziano’s conviction and granted a new trial. “Mike Mello’s responsible for Joe Spaziano’s life,” says H&K partner Gregg Thomas, who handled the hearing with his partner Stephen Hanlon and Orlando-based criminal specialist James Russ. Holland & Knight donated about $400,000 in lawyer time and $70,000 in costs to handle the hearing, Thomas estimates, not counting Russ’s time. The state has appealed Judge Eaton’s ruling to the Florida Supreme Court. Meanwhile, Spaziano is still serving life for the 1971 rape and battery of a 16-year-old girl. Mello believes Spaziano is innocent of that charge as well. But as Mello says, “that’s another story.” [Break of text] Judge Eaton overturned Spaziano’s conviction and granted a new trial. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Student Editor of the Digital Item Dickinson, Terra Contributor of the Digital Item Person submitting the digital item to the collection. Kurtz, Logan 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 'Mello's responsible for Spaziano's life' Creator An entity primarily responsible for making the resource Parloff, Roger 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. Subject The topic of the resource Spaziano, Joe Mello, Michael Description An account of the resource Michael Mello successfully argued for Joe Spaziano to receive a fair trial by refusing to show up to a hearing for which he had been given a week to prepare and highlighting that Spaziano was being denied effective assistance of counsel, he shamed the court into granting a stay of execution and time to prepare properly. Though Mello himself was thrown off of the case, this action allowed for Spaziano to have a new trial. Date A point or period of time associated with an event in the lifecycle of the resource 1996-04 Format The file format, physical medium, or dimensions of the resource 1 JPG 300 DPI Source A related resource from which the described resource is derived Roger Parloff, The New York Times, 1996. Reprint, The American Laywer, April 1996. 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/15e1242fa6cf5695a3e840123cd9eb9d.jpg d9a898249d6ca9d061c4332f3aac0111 https://www.hist299.umwhistory.org/files/original/59751eb600c440c496a2af70064daf4e.jpg 232962e2db48cdf964eccb9d383a44a1 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 What Congress now deems "reasonable" may soon prove impossible for state police. Confusion within law enforcement and gun dealerships about the scope and implementation of the Brady law can be traced to language that may ultimately have to be defined by the federal courts. With fewer than 70 days until the law goes into effect, the U.S. Department of Justice and the Bureau of Alcohol, Tobacco, and Firearms (ATF) have yet to issue a coherent policy for state police to make the mandated background checks on handgun purchasers. At issue for police and gun dealers is a phrase that appears to only vaguely define the extent of authorities' responsibilities. The Brady law requires that police "shall make a reasonable effort to ascertain within five business days" whether a potential handgun purchaser has a felony in his criminal history, is a fugitive from justice, is "an unlawful user of or addicted to any controlled substance," is an illegal alien, has been dishonorably discharged from the armed forces, has renounced U.S. citizenship, or has "been adjudicated a mental defective or been committed to a mental institution. Although these restrictions have existed in federal law since 1968, police have never been called upon to verify them. Each is reason enough to prohibit the transfer of a handgun. "Reasonableness" is a word that often finds its way into legislation and just as often signifies a compromise. "It allows all sides to claim political victory," said Michael Mello, a professor of criminal law and procedures at Vermont Law School in South Royalton. "That's a loophole big enough to drive a truck through," said Mello. Whatever victories and whatever party affiliation of the victors, some question remains about a law that might not have the legal teeth or procedural muscle to curb violent crime. For instance, although most state police forces remain, or are in the process of constructing, computer files of criminal histories, how can they check for an "unlawful user" of controlled substances without a criminal conviction recording the abuse? In order to satisfy the other background demands, will the police be given access to military and immigration records? No definitive answers have yet come from Washington. "In some of the categories, there may be categories where nothing can be reasonably done. Drugs are not easy to check. The ATF will have to put out regulations on how to do that," said one congressional aide who is attached to the House Judiciary Committee. The aide declined to be identified, but said that he had been present at and involved in the process of drafting the law. "The (Brady) law is a political compromise, and I imagine that the 'reasonable' Brady clause factored into that decision," said the aide. He said it was his impression that framing legislators such as Sen. Howard Metzenbaum, D-Ohio, and Rep. Charles Schumer, D-N.Y., wanted to mandate a criminal records check and to encourage the checking of other conditions where possible. But a legislative aide from Sen. Metzenbaum's office, speaking about the ambiguities of the bill's language, said he wasn't sure how the bill would be fulfilled. "The ATF may or may not clear that up. If the ATF doesn't, the courts will," said the aide, who also spoke on the conditions of anonymity. Officials at the U.S. Department of Justice have been equally reticent about announcing a federal plan that would help guide state law enforcement agencies through the law. They said that such a plan is currently under review. When pressed for a date of release, they said the plan would be presented "in the near future." Traditional opponents of gun control have been quick to finger the source of the law's confusion. "Since there's no standard definition of 'reasonable,' the Brady Bill has no effect. You'll have the waiting period in some cases, but there's no obligation for a records check. The law is unenforceable," said Joseph Phillips, a lobbyist for the National Rifle Association (NRA) in Washington. Phillips said the NRA was confident the law would be struck down - at least partially - once tested in court because there are no penalties for police departments that fail to make the background checks. He also said that Congress' efforts were misplaced, and that the system would be better served by a procedure for an instant background check. Semantics aside, the debate has done little to make the law's application any clearer. Col. Robert Horton, director of the Vermont State Police, the agency that will oversee the mandated check of criminal records, doesn't see how his force can fully comply with the law. "It's an extreme amount of work, and we just don't have the personnel or resources. There is no database that combines all those files," said Horton. The result in Vermont will probably be a passing of responsibility to municipal police forces. Horton said that local police will likely recognize potential purchasers and are therefore in a better position to judge who is fit to own handguns. Horton acknowledges that casual information cannot satisfy the Brady law's background stipulations, but he said he is resigned to do what he can to make the law work. "A lot of those things just got tacked onto the bill to please everybody. It's hard to put a value on it. It may not be cost-effective, but if (the law) saves one life, it's probably worth it," he said. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper Vol. No./Issue No. Volume and issue number for the newspaper (if available) Volume 42: Number 185 Contributor of the Digital Item Person submitting the digital item to the collection. Fanning, Neal 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 Carrying Out Grady Bill Could Be Troublesome Subject The topic of the resource Gun control--United States Description An account of the resource Concerns arise about vagueness with gun control bill supposed to tighten background checks. Creator An entity primarily responsible for making the resource Pearce, Jeremy 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 1993-12-23 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 300 dpi 2 JPGs Language A language of the resource English Background Checks Federal Legislation Gun Control 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/ac2882dae4c5796df647d4c016c37137.jpg 9fa906bba0d4ddcd1faf5052cb1b2b6b 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 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. Leonard, Gavin Text Any textual data included in the document [Publication info] Valley News Thursday, November 6, 1997 [Title] Not The Michael Mello I Know To The Editor: I read with displeasure the article “Evolution Of A Death Row Lawyer” (Sunday Valley News, Oct. 12). I have known Professor Michael Mello since I entered law school in 1995. I chose to enroll at Vermont Law School in large part because he is tenured here. Given his academic resume, his many professional and personal accomplishments, and the publicity he has received, I expected to meet an unapproachable professional with little patience for students who have so little to recommend us. Instead, I found a man eager to teach in and out of the classroom, a friendly professor who catches a student’s mere hint of self-deprecation and quickly counters it, one who eagerly lends books and invites critiques of every aspect of his life, including writings, from students and colleagues. He is an energetic and complex individual in the most Kierkegaardian sense. On the day my classmates and I stood on the banks of the White River while our professors and deans introduced themselves, a telephone message awaited Mello. It was a message that his client of 20 years was scheduled to be executed. That message ultimately led him to enlist the aid of his students in winning a stay of execution for “Crazy” Joe Spaziano (the fourth or fifth, a record in death cases) and to fly on a moment’s notice to Florida to argue another issue in the case before the Florida Supreme Court. This was done pro bono, as usual, and funded by his personal credit cards. That death case would be his last. He has turned to advocacy in public interest. Mello now writes. Instead of pouring all his ideas and work into briefs for one client, he writes law review articles, articles in The Nation, and books for academics, law students, lawyers and everyone else about the capital-punishment system and the toll it takes on our lives. Do a search on Westlaw, Lexis or just about any other data base, and you will see his works, his statements and his testimony before Congress quoted, borrowed or paraphrased too many times to count. Lawyers use those works in their cases, and enlist personal help as well. Mello happily stays behind the case, off brief, providing advice and research and emotional support One also sees his public-interest advocacy in the case in which he is presently involved as a plaintiff: He is trying to put some teeth into an informed-consent statute in Vermont that prevents most Vermonters from gaining access to the courts when they claim medical malpractice based on the lack of informed consent. Unfortunately, the lack of research done for the Valley News article and its lack of analysis would seem to belie his motive. I wish the Valley News would put as much energy into analyzing his case and his accomplishments as it trying to disparage him. [Author] Paul J. Perkins [Residence of Author] South Royalton [End of Page] Student Editor of the Digital Item Van Doren, Jamie 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 Not The Michael Mello I Know Subject The topic of the resource Capital punishment Informed consent (Medical Law) -- United States Mello, Michael Description An account of the resource Paul J. Perkins writes a response letter to the Valley News editor describing his former law professor Michael Mello. Perkins writes about his pro bono work on the Spaziano case and general advocacy on capital punishment reform as well as the informed-consent statute in Vermont. Creator An entity primarily responsible for making the resource Perkins, Paul J. 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 1997-11-06 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. Source A related resource from which the described resource is derived Perkins, Paul J. "Not The Michael Mello I Know." Valley News (Lebanon, NH), November 6, 1997, p. 1. Format The file format, physical medium, or dimensions of the resource 1 JPGs 300 DPI Language A language of the resource English law school Michael Mello Valley News https://www.hist299.umwhistory.org/files/original/f6fca6e40a636d77df1880b47fce6371.jpg 5acb29d8b7602f5b6a3d95af987f7434 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 Criticism Should Lead to Action It is at time asserted that the Bullet does not meet the needs and wishes of the MWC student. Because of this latent dissastification with our school paper, I find it necessary to investigate the basis of criticism from which these complaints arise and attempt to alleviate as many conflicts as possible. The main problem the BULLET faces in correcting mistakes and misunderstandings is in isolating specific areas of incompetence. Granted, spelling mistakes and grammatical errors occur, and will continue to occur. Similarly, the type of inaccuracy can also e observed in the WASHINGTON POST and THE FREE LANCE STAR. Please keep in mind that the reporters for these national papers devote 24 hours a day to the maintenance and perfection of their work, while the BULLET must place classes and a variety of other matters before the upkeep of the newspaper. Secondly, it must be noted tat the quality of the paper is contingent upon the excellence of the staff and Editorial Board. The criticism towards the BULLET must stem from certain MWC student's ideas of perfection. We would certainly find it encouraging to have more staff members, especially those of you who not only strive for perfection, but believe it can be attained. While I initially felt uneasiness concerning the new pamphlet PROMETHEUS, I have concluded that criticism and discontent channeled into another form of media is healthy and effective. It is easy to appreciate those who lend constructive criticism, as well as take action to eliminate their cause for discontent. When asked specifically what could be done to improve the BULLET, our critics shrug and reply something obtuse such as : "oh, just general stuff." We seek concrete criticism. We enjoy receiving letters to the editor. What we dislike is confusing displays of inept reasoning regarding the future of this year's BULLET. Complaints that have no basis or apathetic suggestions which would be impossible to implement are quite frustrating. As a freshman, I frequently criticized the BULLET, but it was not until I began participating in the decision making that I realized how genuinely unjustified I was in complaining of matters which I knew nothing about and did nothing about. If you desire change, it is necessary to do something more than merely expect it to occur. It is only after you offer precise suggestion and more importantly, action that you will experience the benefits of knowing that you have contributed to improvement; public reaction will be your gratification. P.A.R. 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 Criticism Should Lead to Action Subject The topic of the resource College Student Newspapers and Periodicals Description An account of the resource This is a newspaper article written in response to criticisms of the MWC Newspaper "The Bullet". Creator An entity primarily responsible for making the resource Peter, Susan Kay Source A related resource from which the described resource is derived Newspaper Date A point or period of time associated with an event in the lifecycle of the resource 1977-10-18 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 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 Fredericksburg, VA https://www.hist299.umwhistory.org/files/original/36bf6e493a72ea1a8ae6c32ec6d4bd5a.jpg 303ad37706126173d9e50be6c0b23919 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. O'Connor, Allison Text Any textual data included in the document Almost 11 years to the day after Delray Beach police officer John Kennedy was slain while writing incident reports in his patrol car, an appeals court has upheld Willie Clayton Simpson’s life sentence for the murder. Fellow officers found Kennedy slumped over the steering wheel of his idling patrol car Aug. 10, 1974 at a gas station on Atlantic Avenue. The assailant had shot the 31-year-old officer once in the head. Kennedy apparently had no time to reach for his own weapon. The officer held only a cigarette. The state found no murder weapon or fingerprints. One suspect was arrested and later released. The next year, two jailed witnesses came forward. Melton Hunt and Tony Hostzclaw said they watched from a car as Simpson spoke to the officer, then pulled the trigger. Simpson, then 19, was convicted and sentenced to death in 1976 largely on the basis of their testimony and a statement from Simpson’s relative, Matthew Clark. Simpson stayed with Clark for awhile in Virginia after escaping from the Palm Beach County Jail, where he was being held for the unrelated robbery and murder of a Boynton Beach retiree. Clark testified Simpson told him he had killed a policeman. But the state Supreme Court overturned Simpson’s 1976 conviction and ordered a new trial. In 1983, Simpson again was tried and found guilty of the lesser offense of second- degree murder. Palm Beach County Circuit Judge Marvin Mounts gave him a life sentence to begin when he completes a life sentence for the 1975 retiree’s slaying. It was informed the second jury never heard about Clark’s testimony that formed one basis for the appeal recently reviewed and rejected by the 4th District Court of Appeal in West Palm Beach. Between the two trails, a statement Clark gave to a detective came to light. In the statement Clark was asked what Simpson had told him about Kennedy’s murder. “He said, ‘Well, I’m in trouble… I killed two police. I killed a police and his son.’ That’s exactly what he told me,” Clark told the detective. The detective questioned him further about whether Simpson had specifically said, “a policeman and his son.” Clark agreed those were Simpson’s exact words. At the first trial, however, Clark said Simpson had told him he killed only an officer. Clark made no mention of the son. By the time Simpson was tried again, Clark had died. The state prosecutor was allowed to read Clark’s testimony from the first trial to the second jury. Simpson’s new lawyer wanted to read portions of Clark’s statement to point out the inconsistency, but the judge ruled he would have to read the whole statement. The defense lawyer decided against reading the statement because it also contained incriminating information about the retiree’s homicide. The 4th District Court of Appeal judges found the judge was not in error for requiring that the whole statement be read. Simpson’s appellate lawyer, Michael Mello, said he will ask the 4th District Court of Appeal for a rehearing before deciding whether to ask the Florida Supreme Court to review the case. Simpson, who is incarcerated at the state prison in Starke, had not learned of the appellate court’s decision Wednesday. Virginia Snyder, a Delray Beach private investigator who worked on the case, was dismayed by the appellate decision. She is convinced Simpson is innocent of the Kennedy murder. Snyder said she talked with both Hostzclaw and Hunt after Simpson’s first trial and both told her they lied. She maintains the young men decided to frame Simpson to get reduced sentences for the charges they were facing. Hunt told her he wouldn’t change his version of Kennedy’s slaying because he was afraid of being charged with perjury, Snyder said. “They cooked up this story and they got deals- sweet deals," Snyder said. “It’s really pathetic. It’s really tragic. It means the people who really did it are out there running around.” Hostzclaw did indeed change his story at Simpson’s second trial and was charged with perjury. Hunt stuck with his original testimony, which put the murder weapon in Simpson’s hand. 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 Killer Loses Life-term Appeal Creator An entity primarily responsible for making the resource Petit, Deborah Source A related resource from which the described resource is derived The Sun-Sentinel 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 1985-08-15 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 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 Subject The topic of the resource Trials (Murder)--Florida Description An account of the resource An article recounting the murder of Florida police officer John Kennedy, and the two trials and life-term sentencing of the accused murderer Willie Clayton Simpson. Florida Life sentence Michael Mello murder https://www.hist299.umwhistory.org/files/original/abae9e73601630c0b5e87a43fa97fd41.jpg 2b06a1c6658ecf1db839700995d28c67 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. Piazza, Rachel Text Any textual data included in the document Convicted killer Nollie Lee Martin, who was set to die in Florida’s electric chair today, was granted an indefinite stay by federal appeals court in Atlanta Thursday. The stay was granted by a three-justice panel at the 11th U.S. Circuit Court of Appeals in Atlanta, which said it needed more time to study the case before making a ruling, attorneys for Martin said. “It means he’s not going to be executed at 7 a.m. as we had feared,” said Mike Mello, as assistant in the Palm Beach County Public Defender’s office. “We’re going to proceed with a normal appeal. We’re not going to be going to be going through three courts in four days.” Attorneys said it could be a year before the case is resolved. In 1978, Martin, 35, was convicted of fatally stabbing Patricia Ann Greenfield, a Boynton Beach college student who was abducted from the Delray Beach-area convenience store where she was working. The detective who led the investigation that resulted in the arrest of Martin and his cousin Gary Lee Forbes, who pleaded guilty to second- degree murder and received a life sentence, said he is undisturbed by the court’s decision to grant the stay. “The system’s just winding it’s way down,” said Sgt. J.J. Anderson of the Palm Beach County Sheriff’s Office. “It’s a big system and you just have to be patient.” Anderson said he expects that Martin will eventually be executed. “He’s not on the street and I don’t think he’ll ever get out,” Anderson said. Mello, who along with other attorneys representing Martin have been working day and night to obtain the stay, said it will be at least six months and probably a year before all appeals in the case are resolved. The appeals court decision came on the heels of a Wednesday decision by a federal judge in Miami who granted a 24-hour stay of execution while Martin’s attorneys appealed to the higher court. On Aug. 8, Gov. Bob Graham signed a death warrant for Martin. That warrant expires today but attorneys said another warrant can be issued later. Since the signing of the warrant, Martin’s attorneys have appealed to a Palm Beach County circuit court, the Florida Supreme Court, the federal district court in Miami and the federal appeals court. “The worst possible situation is litigating under an active warrant,” said Mello. “It’s very tough for any judge to resolve issues under [intense] time pressures.” He said the appeals court, in granting the indefinite stay, indicated the indefinite stay, indicated it needed more time to rule on the case. He said the court was presented with lengthy written arguments containing eight points. “The only issue before [the court] is whether any of the issues were substantial enough to grant a stay,” Mello said. “All they said is ‘we can’t do it in a day, we need more time’.” Mello said that when the appeals court rules on the case it can decide to grant Martin a new trial or a new sentencing or can send the cases to the lower federal court for an evidentiary hearing. He said if the appeals court panel rejects arguments presented to it by Martin’s attorneys, they will appeal to the full court and if necessary will take the appeal to the U.S. Supreme Court. The attorneys for Martin have argued that evidence showing that Martin suffers from brain damage was not presented during his trial. They have contended that the evidence was recently discovered after tests were conducted by several doctors. 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 Martin receives stay of execution Description An account of the resource Before Martins execution he was grated more time to study his case before making a final ruling. It could possibly be six months to one year before any final appeals in the case are resolved. With the time originally given it was highly impossible for any judge to make a final ruling in the time originally given. Creator An entity primarily responsible for making the resource Pollack, Rich Source A related resource from which the described resource is derived Sunday- Sentinel 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 1984-09-07 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 1 JPG 300 DPI Language A language of the resource English Subject The topic of the resource Executions (Law) Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Miami, FL 1978 Anderson appeals attorney brain damage case convicted doctors execution fedearl appeals Florida Forbes Graham judge Martin Mello Miami Palm Beach County resolved sentinel trial https://www.hist299.umwhistory.org/files/original/bf5c04b2967481a9b63660e3e417cedc.jpg ed8a86ed7d36f54e783683b41a73e31b https://www.hist299.umwhistory.org/files/original/832c4218e7d076fd25dbe25fd5e73a94.jpg 16098156c4f003159c4a4aa362f42dc4 https://www.hist299.umwhistory.org/files/original/59ad42df3f07dc82b0fac14dcb1d88fc.jpg 590ecda1ac82265c747e6553bd071e35 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 Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Newspaper article Contributor of the Digital Item Person submitting the digital item to the collection. Phillips, Lauren Text Any textual data included in the document Professor aids Kaczynski’s defense Man consults on admissibility of diary in Unabomber case Michael Mello, a professor at Vermont Law School whose mentor and “professional father” was killed by a mail bomb, is advising the defense of Ted Kaczynski, the alleged Unabomber on trial for mailing a series of deadly bombs. Mello’s advice centers on the admissibility of Kaczynski’s journals, which the prosecution has said “are the backbone of the government’s case.” Mello, who keeps a diary, contends a person’s diary should be afforded the same constitutional protection against self-incrimination as his spoken words – protection that is guaranteed by the Fifth Amendment. Since early May, Mello has had a half-dozen phone calls with Judy Clarke, Kaczynski’s lead lawyer. The prosecution in the trial in Sacramento, Calif., is seeking the death penalty. Although the prosecution won an early round on Kaczynski’s diary, Mello expects his argument to prevail. “My diary is an extension of my own mind and my own soul and my own heart,” Mello said. “And the Fifth Amendment of the Constitution of the United States says the government can’t extract information from my mind, my heart and my soul. That’s what the prohibition against compelled self-incrimination means.” [image- man in library] Michael Mello is a law professor at Vermont Law School in South Royalton. He is advising the defense of Ted Kaczynski, the alleged Unabomber on trial for mailing deadly bombs. Mello’s ‘nightmare’ For Mello, 40, who has taught at Vermont Law School since 1988, the case resonated personally and professionally for several reasons: He spent four years defending death row inmates in Florida, attempting 11th-hour appellate maneuverings to spare their lives. Mello continued to represent death row clients while teaching at Vermont Law School. He had kept a diary since 1982, when he clerked for his mentor, U.S. Appeals Court Judge Robert S. Vance, because he realized he was “living through the fundamental experience of my life.” The Birmingham, Ala., judge was killed in 1989 by a bomb sent to his home. “I have a real special place in my heart, a special fear and loathing, for people who commit murder by sending bombs through the U.S. mail,” Mello said. “I have no sympathy whatsoever for the Unabomber. . . . If he ends up winning in the appellate court based on the diary stuff, I will Mello file Name: Michael A. Mello Home: Wilder Age: 40 Profession: Professor of constitutional and criminal law at Vermont Law School Family: Wife, Deanna Recent Book: “Dead Wrong: A Death Row Lawyer Speaks Out Against Capital Punishment” (University of Wisconsin Press, $27.95) have very mixed feelings about that.” The man convicted of killing Vance, Walter Leroy Moody, was sentenced last year to death. He also kept a diary, and the very pieces of the Kaczynski defense that Mello is helping to design could be used to save this man who killed one of the most important persons in Mello’s life. Mello’s “nightmare” is that his diary argument will be used to win Moody a new trial, and that at the trial, he’ll be acquitted. But as a legal scholar whose professional practice centered on capital cases, he feels he must answer compelling constitutional questions in death-penalty cases. It is the reason he is consulting on the Kaczynski case, and the reason he and third-year law student Paul Perkins wrote a 74-page law review article on the Kaczynski diary. It will be published in the January issue of the Vermont Law Review. “It was a law review article waiting to be written, screaming to be written,” Mello said. “The Kaczynski case is a law professor’s classroom hypothetical gone mad.” The final pages of the article are Mello’s alone, an epilogue about his work in Vance’s courtroom and his admiration for the judge. “He was as close to a professional father as I’ve ever had,” Mello said. “I loved him.” Eight years after Vance’s murder, his death makes Mello cry. He thinks about Vance, an opponent of Gov. George Wallace and a civil rights activist, all the time. The cruel irony, Mello said, is that Vance survived the front lines of the civil rights battle, yet more than two decades later was violently killed in his own home. “By 1989, we all thought he was safe,” said Mello, who was so devastated by the killing he couldn’t go to the funeral. “I bought the ticket,” Mello said. “I couldn’t make myself get on the plane.” Mello clerked for Vance after graduating in 1982 from the University of Virginia Law School. He spent the bulk of his clerkship working on death-penalty cases on appeal from Alabama state courts. Though Vance was personally opposed to the death penalty, he was bound by law to uphold it. “We argued very bitterly and very loudly about death penalty cases,” Mello said. The experience led Mello to his work in Florida, where he spent five years as an advocate for death row inmates in the Public Defender’s Office. “I left there thinking I’ll pay penance for a year,” Mello said. “Once I got into doing the work full time, it was impossible to leave until I felt it was eating me up. It was consuming me.” Of about 70 cases Mello worked closely on in Florida, six ended in executions in an electric chair built in 1923. A defense lawyer was always in attendance at the executions, in part because a small percentage are botched. Though the front-line lawyers tended to know the inmates and their families best, it was decided an administrator would attend the executions. “We were afraid that if any of us witnessed an execution it would be so emotionally annihilating to us that we wouldn’t be able to function,” Mello said. “That was my rationale. As much as anything else, it was just simple cowardice.” Final talks Mello, who has written a book about his work in Florida, “Dead Wrong,” also believed he was not the appropriate person for final conversations with a man facing death. He was advocating on the inmate’s behalf until the very last moment. “What they need to be doing is preparing themselves to be killed," he said. In California, the diary argument has yet to yield the results Mello hoped for: U.S. District Judge Garland E. Burrell, who is trying the Kaczynski case, ruled in pretrial motions the journals are admissible. Mello claims he is not fazed by the decision. “It’s a winner in the 9th Circuit (Court of Appeals), and I believe it’s a winner in the Supreme Court as well,” Mello said. “What he’s (Burrell) done is handed the defense a nuclear bomb of an appellate issue. He has essentially issued Ted Kaczynski, accused Unabomber, an insurance policy.” Student Editor of the Digital Item Van Doren, Jamie 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 Professor Aids Kaczynski's Defense Subject The topic of the resource Capital punishment Bombs Description An account of the resource This article discusses Michael Mello's opinion on using Kaczynski's personal diary as evidence against him in a court of law. Creator An entity primarily responsible for making the resource Pollak, Sally Source A related resource from which the described resource is derived Pollak, Sally. "Professor aids Kaczynski's defense". The Burlington Free Press. Monday, December 8, 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 1997-12-08 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. 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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 FOR EDUCATIONAL USE ONLY                                                                        Page 4 Citation                                  Search Result             Rank 7 of 63               Database 6/1/96 FLATREND 36                                                                                 ALLNEWS  6/1/96 Fla. Trend 36                                                                                               1996 WL 8832093                                                                                        (Publication page reference are not available for this document.) Florida Trend                                                                                                           COPYRIGHT 1996 Trend Magazines Inc. Saturday, June 1, 1996 Vol. 39, No. 2, ISSN: 0015-4326 Man, in the middle; a reappraisal. (Bob Graham) (Cover Story)                                 David Poppe As Bob Graham considers whether to run for governor again, it's time to take the measure of the man's record in Tallahassee and Washington. The question is: Is this inveterate moderate what Florida needs as it faces an extraordinary list of social and financial woes? In the grand ballroom of the St. Petersburg Hilton, U.S. Sen. Bob Graham tells an overflow crowd of political junkies about his work in Washington. Bland as a high school civics teacher, he talks of governing by finding "the center" of tough issues and then working his way out to build consensus. But the audience wants to know about the tension just below Graham's serene surface. Sure enough, when Graham opens the room for questions, the first person up asks if he'll quit the Senate to run for governor in 1998. Slightly pained, Graham gives his pat response: he won't decide until after the November elections. Later, his aides roll their eyes and profess bemusement. "It's the first thing everybody wants to know," says one wearily. A week later in Washington, when a reporter asks Graham over breakfast in the Senate dining room about what will influence his decision, Graham hardly looks up from his bowl of granola and strawberries. Not only is he not making his decision until year-end, he says, he's decided not even to think about it until then. A disingenuous answer, perhaps, but with his innocent brown eyes and his chubby cheeks, Bob Graham always comes across as sincere. "What he's doing is freezing people," asserts a Republican political operative who knows Graham well. "He is not only saying he's keeping his options open, he's telling the financial infrastructure of the Democratic Party to keep their options open, not to do anything right                Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                        Page 5 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.)  now," says the strategist.  He certainly has people in Lt. Gov. Buddy MacKay's camp on edge. Mackay, who has announced he will run in 1998, shares a circle of close friends and fund-raisers with Graham. "Graham won't make up his mind and that's what's making them mad," says a top MacKay adviser in Tallahassee. "I'll think the more he strings this out, the more divisive it will become." Or maybe, the longer Graham strings this out, the more likely nervous Democrats will be to beg him to run. "One problem the Democrats have in Florida is they are always looking for a 'deus ex machina' to bail them out. That's the role Chiles played in 1990, and it's the role they hope Bob Graham will play in 1998," says Robert L. Joffee, vice president with Mason-Dixon Political/Media Research in Miami. "It's a common belief among Democrats that, 'There's only one guy who can do this for us."' But if the Democrats need a man on a white horse, is Bob Graham really the right man? There is no diminishing his accomplishments and his enormous political capital. Fully 62% of Floridians have a favorable impression of him, according to the latest polls. "He may have some political enemies, but I don't know of any," says former Democratic Congressman Jim Bacchus, now a World Trade Organization judge. Graham has been a dominant political figure in Florida life over the last quarter century, and he is nearly the stuff of legend by now in some political quarters. Many Floridians remember Graham's two terms as governor as an era of honest progressive government combined with great promise and prosperity. It's tempting to assume that if Graham returned to Florida as governor, so would the good times that marked his first two administrations. A thought centrist Yet a close look at 59-year-old Graham's record and temperament suggests that he might not be much happier in Tallahassee then he has been in Washington, D.C., in recent years. When he governed before, Democrats controlled the Legislature, and the electorate didn't howl in outrage every time taxes rose. And while Graham did raise taxes to help pay for Florida's rapid growth, he failed to push for fundamental tax reform, something the next governor almost certainly will have to do. In a 1986 profile of several top Graham aides, FLORIDA TREND noted that even in less contentious times, Graham needed a tough-minded staff to help him deal with the Legislature. Until hard-nosed Jacksonville businessman Dick Burroughs became chief of staff in 1981, Graham's image was that of a dithered. A St. Petersburg Times editorial once dubbed him "Governor Jell-O."                Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                        Page 6 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) In Washington, Graham has developed a reputation as a thoughtful centrist, but he has never sponsored a piece of major legislation that became law. If Florida is approaching a financial day of reckoning, as many believe, it is worth asking whether Graham would risk the enormous political capital he's built up over 30 years to push reforms on taxes, education, entitlements or growth management. Maddeningly, the person who could answer the question says he's not even thinking about it. In 1998, constitutional revision will be on the ballot for the first time since 1968, meaning voters could be asked to make changes to the state's tax system, the public school system, even to the balance of power between the governor, the legislature and the cabinet. Rod Petrey, president of the Collins Center, a Tallahassee think tank, predicts there could be competing proposals to revise Florida's tax system- which could either open up new revenue streams or severely limit the state's taxing powers- and to reduce the independence of Florida Cabinet officials, this increasing the governor's powers. "There could be a dramatic changeover in the next couple of years in the way Florida is governed," Petrey says. And because there proposals will go to a statewide vote, candidates for governor will have to endorse one set or another: Both parties will stress making government more efficient, but Democrats probably will ask for new taxes for schools, social services and infrastructure while Republicans will favor government that taxes less and offers less. "I think we are approaching a train wreck, where our population growth continues to accelerate and the need to take care of the most needy of our citizens-children, the people with tremendous the health problems, the elderly- continues to accelerate," says Board of Regents Chancellor Charles Reed, a former chief of staff to Graham in Tallahassee. To Reed, that means the day is coming when the university system will turn away qualified students for lack of space. In just the next dozen years, the number of students for lack of space. In just the next dozen years, the number of students graduating from Florida's public high schools and universities means paying more taxes or making draconian cuts in other government programs. In short, 1998 has all the makings of a dramatic race. "I think it's going to be a pivotal race," says MacKay. "I think candidates for governor are not going to be able to avoid saying how they would deal with these central issues."                Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                        Page 7 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) Both MacKay and Jeb Bush, who is expected to be the GOP's choice for anither run at the state house in 1998, often speak with disarming candor about controversial issues. MacKay openly calls for higher fees on new development, for example, which makes him anathema to builders. Bush supports giving parents vouchers and forcing public schools to complete for students, an idea many educators hate. Graham, on the other hand, is as cautious as football coach with a two-touchdown lead. Asked a tough question, he's as likely to turn it around and ask a reporter's opinion as he is to answer it. He won't even respond when asked what were the most difficult two or three votes he's ever had to make in the Senate. In meetings with his staff, Graham plays a Socratic role, listening to an aide's report then asking questions, rarely injecting his own opinions. "he's very deliberative, the way he works things through," says Sen. Jay Rockefeller, one of Graham's close friends. And he eschewal confrontation when possible. "I don't think politics has to move from being competitive to being confrontational," he says. "If you end up laming enemies every time you disagree, you're not going to get anywhere." Even a few admirers admit Graham's style is better suited to synthesizing ideas than leading with his own. "I don't think that's his inclination, to be the first person out," says Tom Herndon, who was Gov. Graham's planning and budget director. "His instinctive caution probably prevents him from being the first person out of the box on some of these leading issues. Somebody who is less studious might jump out first, and then somebody like Graham comes in behind and addresses these questions others may have overlooked." Never discussed the death penalty  Graham is not just cautious, however. He's virtually opaque. A 1984 profile in the Miami Herald noted that many of Graham's longtime aides had never had a personal conversation with their boss. His wife said he'd never discussed with her his controversial support for the death penalty, even though protesters regularly disrupted his public events, including his 1980 nominating speech for Jimmy Carter at the Democratic National Convention. For years, he's carried the now-famous small notebook everywhere, recording all the little details of his day. His wife of 37 years, Adele, tells the story of a flight in South America, when the pilot warned the startled passengers that the plane was about to crash. During what might've been their last moments on earth, Adele Graham                   Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                        Page 8 6/1/96 FLATREND 36                                                                              (Publication page reference are not available for this document.) quaked while Bob jotted down the pilot's instructions on preparing for impact. "He doesn't have the kind of charisma that some people are born with or cultivate," allows Herndon. "But he is always there working harder than anybody else." Graham, like other politicians, has become adept at avoiding discussion of tough issues. For example, bring up the subject of Florida's mediocre public schools, and Graham doesn't talk about solutions such as vouchers or trimming a larded education bureaucracy, like Bush, or about addressing the stresses caused by population growth, like MacKay. Rather, he spins out an anecdote about one of his four daughters, Virginia teacher Suzanne Gibson. "If I can put it personally, my third daughter is a wonderful early childhood education teacher," he says over breakfast in Washington. "She taught for several years in Dade Country. Her last year at a new elementary school in northwest Dade, she had 38 students in her kindergarten class. The she got married and moved to Great Falls, Va., and taught in the Fairfax County system. The first year she taught kindergarten there, she had 24 students in her class. "That's a pretty dramatic example of the level of concern about primary education in those two communities, and if you are somebody who is deciding "Am I better off locating my software company in Great Falls, Va., or in Miami, Fla., '38-to-24 will be a figure that will be influential on your judgment as to the values of those communities." Does that mean Graham factors raising taxes to build more schools and hire more teachers? Hard to say. Before one can ask, he pulls out a photo of his daughter's one-year-old triplets. "Her class size went from 38 to 24 to three," he beams. Similarly, Graham is a master at managing his image. Recent history shows no other Florida politician can match Graham's ability to connect with regular people, even though Graham himself is a Harvard-educated lawyer and a millionaire. Back in the 1970s, when Graham was a mere state senator, he was given to delivering high-minded lectures on the Senate floor. At the time, the "Doghouse Democrats," so-called because their progressive ideas irked the leadership. Back then, Graham reflected his constituents in Dade County, who were so liberal that they re-elected Claude Pepper, Dante Fascial and Bill Lehman to the U.S. Congress for more than a generation.                  Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                        Page 9 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) When Graham ran for governor in 1978, he overhauled his Dade persona to reflect the conservatism that existed in the state as a whole. He stopped calling himself D. Robert Graham, becoming simply Bob. And to counter the image of the wealthy WASP with a Harvard degree, Graham borrowed an idea from Iowa Sen. Tom Harkin and began spending days working at ordinary jobs, many of them menial. On his way to the state house, Graham did 100 of these jobs and wrote an illustrated book about it called "Workdays." A sense of ordinary life Aided by this new populist image, Graham upset heavily favored Attorney General Robert Shevin in the Democratic primary, then beat drug store magnate Jack Eckerd in the general election. He still spends one day each month a workday. Many have called it a gimmick, but Graham says he genuinely enjoys it. Chancellor Reed claims it gives Graham a sense of ordinary life that most leaders lack. "It makes a tremendous difference in his decision making and how he looks at the world," Reed says. When Graham spent a recent workday building scenery at a new theme attraction near Daytona International Speedway, he pounded nails alongside a former rock musician. True to form, Graham looked for common ground with the younger man and found it: country music. Before the day ended, they had written a song together. "When you hear a song with the words 'I've got tension on the surface but I'm boiling just below, because of you hon,' that's my song, he recounts later to his amused staff. The image he created nearly two decades ago stuck, as Florida voters have come to see Graham as pleasing mix of Ivy League sense and old Florida sensibility. Even his omnipresent foulard necktie, imprinted with little images of Florida, bespeaks approachability and good humor. It's hard to imagine, for instance, Graham's fellow Harvard alumnus and proud intellectual, New York Sen. Daniel Patrick Moynihan, sporting little Empire State buildings on his ties-even if his re-election depended on it.  Everyone who knows Graham describes him as extremely smart. Former Congressman Bacchus calls him "extraordinarily bright, far brighter than most other people are in public office or who seek public office."  And while he is not averse to displaying his intellect among his peers, to Florida voters he's simply a rather modest, nice guy. In the wall above her desk, Graham’s press secretary has a description by biographer Doris Kearns Goodwin of Franklin D. Roosevelt, a description                Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                      Page 10 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) that age says reminds her of her boss: "In talking on the radio Roosevelt used simple words, concrete examples and every day analogies to make his points. He looked for words that he would use in informal conversations with one or two of his friends, words the average of American could easily understand."  But this fixation on public opinion has led to criticism over the years that Graham is alarmingly malleable. In his 1995 book about the revival of death row in America, "Among the Lowest of the Dead," former Miami Herald reporter David Von Drehle portrayed Graham as "a protean genius" who signed death warrants on dozens of convicted killers to deflect criticism that he was too liberal for Florida. In 1979, when Graham took office, only one man, Gary Gilmore, had been executed in America in the previous decade. In Graham's eight years in office, Florida executed 16 convicted killers, more than any other state. Many more death warrants signed by Graham were stayed by courts because the defendants still had appeals available to them. "'Cynical' is the word that I have always used to describe Graham's use of the death penalty," says Michael Mello, a former West Palm Beach public defender and now a professor at Vermont Law School in South Royalton, Vt. "He cynically exploited Floridians' legitimate fears of crime to further his own political career." At the same time, Graham eschewed the more expensive task of building prisons during his last term as governor. When he left office, Florida's prisons were filled to 99% of capacity. That forced his successor, Bob Martinez, to call a special session of the Legislature less than two weeks after his inauguration in 1987 to respond to the court-ordered mass release of inmates from overcrowded facilities. Graham's image and reality diverge in other areas as well. For one thing, though he's deservedly credited with guiding Florida through a period of unprecedented growth during the early 1980s, Graham shares responsibility for some of the problems besetting state government today. A month after Graham left Tallahassee in 1987, a 21-person committee of legislators and civic and business leaders headed by Charles Zwick, then chairman Southeast Bank, issued a devastating report on the state's inability to provide basic services and to cope with its exploding population. What's most troubling about the Zwick report, commissioned by the Legislature, is that all of the problems it cited, including a creaky                Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                      Page 11 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) tax structure, a low-skill work force, a mediocre system of roads and highways and an economy based on growth and tourism, continue to plague the state to this day. And they will still be there when the next governor takes office. While that speaks poorly of Graham's administration- the Florida Growth Management Act of 1985- ultimately failed to rein in sprawling development. The law required cities and counties to show they could build infrastructure to support new development before issuing building permits, and gave the state new powers to prevent the issuing of permits. But the law's reliance on bureaucracy and red tape doomed it to failure. Today, the act has been gutted, and Florida has enough permitting in place to accommodate a population of 90 million people, more than six times the current figure. Graham also left tax reform to Bob Martinez, a governor with far less political capital. Martinez proposed an ill-fated services tax and implemented the lottery. Graham's style of governing exasperates some in his own party. Miami attorney Sonny Holtzman, a major Democratic fund-raiser and longtime confidante of Lawton Chiles, shakes his head when asked what a Graham run for governor would mean to Florida. After a moment he allows that if Graham quits Washington perhaps Florida could get a better senator. "Wouldn't it be nice if we had a couple of powerful senators who got things done and brought things home?" Holtzman asks, "What have er got now?" As for Graham's previous tenure as governor, Holtzman's not impressed. When Graham was governor before, he says, "it was all peaches and cream. Let's pass this and let's not pass that." He believes Graham would struggle in today's more contentious environment where Republicans share power with Democrats. Even if Graham was a governor who didn't take on all he might have, he still departed Tallahassee enormously popular with an unlimited future. As he arrived in Washington, there was even talk that he might one day run for president. And why not? He'd defeated an incumbent Republican, Paula Hawkins, during the middle of the popular Reagan administration. He looked like          Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                      Page 12 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) a Democrat: who might fare well in the Sunbelt in a national election. He was wealthy, untainted by scandal and even faintly glamorous-his famous sister-in-law, Katharine Graham, ran the Washington Post. But a funny thing happened on the way to the White House. Rather than hut the ground running, Graham landed inside the Beltway with a dull thud. He joined the Senate amid a large class of freshman Democrats, many of whom had moved over from the House of Representatives and knew more about the ways of Washington than he. Ending up with plain vanilla Graham's inherent formality seemed to return when he got to the nation's capital. Upon arriving therein 1986, freshman Sen. Tom Daschle of South Dakota paid a personal visit it Lloyd Bentsen, the new chairman of the Senate Finance Committee, which writes policy on key matters like taxes, health care and Social Security, to pleaded for a seat. Graham sent out letters to top senators. Daschle's personal approach won out, gaining him the seat he wanted. Graham ended up with three plan vanilla assignments: Environment and Public Works; Banking, Housing, and Urban Affairs; and Veterans' Affairs. A decade later, Daschle is Senate minority leader. Graham did get a much-covered seat on the Finance Committee, but not until 1995. Graham also got the worst of it in a few scrapes with West Virginia Sen. Robert Byrd, ranking Democrat on the Appropriations Committee, which controls spending bills. Byrd has long opposed a balanced budget amendment and a presidential line-item veto. Graham supports both measures. Byrd is also thin-skinned and a notorious pork barreled. After Graham took to the Senate floor to chastise Byrd for inserting "little piglets" that grow into "giant hogs" in an appropriations bill, Byrd did not look kindly on Florida spending projects, Graham staffers say. Graham likely will cross paths with Byrd again next year, when the federal transportation spending program comes up for reauthorization. Florida currently gets less than 80 cents back for every dollar it pays in gasoline taxes, which one Graham staffer terms "a rip-off." For the most part, though, Graham seems to have avoided both confrontation and headline grabbing political events. Graham's image appears only occasionally on TV or in the press, even in Florida. After nearly a decade in Washington, Graham is so little-known there that during a recent stroll on the long block from the Capitol to his office, he elicited not so much as a hint of recognition from passers-by. To be sure, Graham has many admirers in Washington. They tend to be                 Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                      Page 13 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) people who abhor the current gridlock and applaud the senator's willingness to work with Republicans for the common good. "What I would say is he's done a terrific job in the Senate," says Norman Ornstein, resident scholar at the American Enterprise Institute. "Almost everybody respects Graham as one of the thoughtful centrists, one of a handful of people who keeps things together and makes real contributions." Sen. Rockefeller describes Graham as fiercely independent, which his peers respect. "I think the thing about Bob Graham that is very important to understand is he marches to his own drummer," he says. In describing how Graham often keeps his own counsel even among fellow Senate Democrats, Rockefeller recalls a 1993 vote on the federal budget in which Graham's vote was crucial. Graham was unhappy with some Medicare cuts he deemed too drastic-cuts Rockefeller had negotiated personally. For days, Graham still kept silent. Rockefeller was afraid to lobby his friend. "A little voice inside of me said 'Jay, don't say a word to Bob. Don't say award. He is going to come to his own decision and if you come in and try to influence him, it's not going to be a happy result.' And that's from me, his friend," Rockefeller  says. At the last moment, Graham told fellow Democrats he'd vote for their budget. When Graham does move into the spotlight, it is almost invariably to address a Florida issue. He was uncharacteristically strident in opposing a recent Republican plan to make block grants to states for Medicaid that didn't include allowances for population growth in future years, for example. "He stood between that and passage and said, look at what you are doing to the growth states," says Mitchell W. Berger, the Democratic Party's Florida Finance Committee Chairman. Similarly, when President Clinton wanted the U.S. military to invade and occupy Haiti in 1994 to ensure the return of exiled President Jean-Bertrand Aristide, there was strong opposition in Congress. But Graham supported the plan. "Bob Graham was the person in the Senate who was rallying the cause," says Berger, a Tennessee transplant and close friend to Vice President Al Gore. The U.S. occupation, in turn, staved off a potential flood of illegal Haitian immigrants to Florida and probably saved the state millions of dollars in social services costs. But in his biggest national assignment, as 1994 chairman of the Democratic Senate Campaign Committee, the result was unspectacular. Although his committee raised a record $25 million, including $13 million that went directly to candidates, it couldn't stop the                 Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                      Page 14 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) Republican stampede, as the G.O.P. won 10 Democratic seats to gain a 54-46 Senate majority. Arguably, there wasn't much Graham could do to reverse events-the Republicans won a majority of governorships for the first time in 40 years. But he still took criticism. "His shot at the big time was chairing the DSCC, and he blew it," says one Capitol Hill reporter who's followed Graham for years. "You could argue that if he had done a better job campaigning for Senate Democrats, they wouldn't have lost so much influence." On budget questions, Graham characterizes himself as a fiscal conservative, and compared to other Democrats he. Paul Hewitt, executive director of the National Taxpayers Union, says Graham voted to cut a net $2 billion from the federal budget during 1995. On its face, that sounds pretty good, but when compared to total federal spending, it amounts to only 0.125%. Hewitt says Graham's voting record puts him closer to the most conservative member of the Senate, Hank Brown (R-Colo.), who voted for the total spending reductions of $40.8 billion, than to the most liberal, Paul Wellstone (D-Minn.), who voted for a net spending increase of $47.6 billion. But it's still safe to say he's in the middle of the road when it comes to cutting federal spending. During the year, Graham voted to cut foreign aid by $1.1 billion and defense by $4 billion. Plus, he favored tough welfare reform and even Medicare spending reductions. "He's obviously among the most fiscally conservative Democrats in the Senate," says Hewitt. Graham was faced earlier this year with a difficult vote on whether or not to renew the federal price support program for sugar. Graham grew up in northwest Dade on the fringes of the Everglades, and he takes great pride in his environmental record. Conservationists urged him not to back the price support program, which has enabled farmers to plant some 500,000 acres south of Lake Okeechobee. But confronted by intense lobbying from Florida's powerful sugar growers, Graham voted to keep the program, arguing two contradictory points: that Florida farmers would keep growing sugarcane whether or not the price supports existed and that since the European Union subsidizes its sugar farmers the U.S. shouldn't abandon price supports. Graham also voted in favor of a Farm Bill provision to give the Interior Department $200 million to buy up sugar farmland and return it to wetlands. The result: Graham's votes cost consumers $1.4 billion                 Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                      Page 15 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) annually in higher sugar prices, according to the government's General Accounting Office, and taxpayers $200 million for land acquisition. But Graham avoided making enemies. Stuart D. Strahl, executive director of the National Audubon Society's Everglades ecosystem restoration campaign, acknowledges disappointment over the senator's actions. "I'd say disappointment would be a good word, but we are certainly not surprised," Strahl says. If Graham has to struggle with tough decisions, he finds it even harder to talk about them. Om a conference call with a group of Florida reporters shortly after the Senate passed the Farm Bill, one asked his opinion on a proposed penny-per-pound tax on sugar to help pay for Everglades restoration. Graham wouldn't touch it "My focus has been on getting this $200 million entitlement" and the land sale provisions, he said. Reflecting his middle of the road philosophy, Graham works well with Republicans. He and Arizona Sen. John McCain, for example, have zeroed in on campaign finance reform, an issue that is not making either man especially popular on Capitol Hill right now. Sen. McCain, who also has teamed with Graham on mutual problems Arizona and Florida face obtaining sufficient Veterans Administration benefits, came to Washington with him in 1987. Then, Democrats held a Senate majority, but nevertheless, Graham sought McCain out. "When I was in the minority, he always showed me the greatest respect and included me on issues," McCain says. "That is not as common as you would think." Coming into his own at last  Graham takes special pride in his close relationship with Florida's Republican junior senator, Connie Mack. In what for Graham passes off as an outburst, he likened Mack to an "ideological wacko" during Mack's 1988 Senate campaign against Buddy MacKay. But today Graham counts Mack as a good friend. In some respects, Graham appears finally to be coming into his own in Washington. He got his Finance Committee seat in 1995, and with the unexpected retirements of Democratic Senators David Pryor and Bill Bradley this year, Graham will move in less than two years from back bench to middle of the committee in terms of seniority. He also made the Armed Services Committee in 1993, another high-profile assignment. If Graham is thinking about returning to Tallahassee, Ornstein suggests it is because life on Capitol Hill has become unpleasant for pragmatists like him. Republican Senators like Nancy Kassebaum, Alan Simpson and Bill Cohen all have chosen to retire this year. "It's not                Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                      Page 16 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) just Democrats who are bailing out right now," he says. Graham says almost the same thing, noting that some 13 senators plan to retire this year, including respectful fellow Democrats like New Jerseys Bill Bradley and Georgia's Sam Nunn. "The past year and a half has not been one of the most productive times for the Congress," he says. If Graham is unhappy in the nation's capital, he retains a large and influential fan club in Florida. Former aides like Reed, Herndon and Villella believe he's likely to come back, and seem eager for it to happen. And some of Graham's longtime friends also suggest coming back to Tallahassee wouldn't necessarily be the final chapter of a storybook career. One Republican campaign strategist argues Graham's only hope of becoming president is to run for governor in 1998. It is the only way, the strategist says, he could hope to leapfrog people like Gore and Nebraska Sen. Bob Kerrey in the party hierarchy. "This is all about positioning," says the strategist of Graham's possible run for governor. "If he wants to be president, he has to run for governor." Friends and supporters believe Graham could use his consensus building powers to reach bipartisan solutions to some of Florida's structural problems. That, in turn, might polish his image as a strong executive. After all, no one since John F. Kennedy has stepped straight from the Senate to the Oval Office, through Bob Dole is trying. But plenty of governors have run, and won. Graham aides scoff at such reasoning. "Graham's not thinking about this stuff. He's not weighing all these arguments and won't until the year ends," protests one of his top staffers. Graham may want to look hard and long at perks, prospects and security of his present job compared to the one he may yearn for back in Tallahassee. Certainly not everyone will welcome him back with open arms. "If he wants to come home," says an adviser to Buddy MacKay, "then his record gets the spotlight shined on it." What's more, he may find that his caution and his centrism, which have made him uncomfortable in Washington's extremist climate, may be out of style in Tallahassee, too. "You know what's in the middle of the road these days?" asks Hewitt of the National Taxpayers Union. "Road kill." Related Article: Dade's "Best All-Around Boy"                Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                      Page 17 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.)  Bob Graham is one of the wealthiest men in the U.S. Senate, thanks to a hurricane, the Great Depression and a shrewd older brother. Graham's father , Ernest R. "Cap" Graham, was a farmer, one-time gold miner and World War I Army captain who came to Dade County after the war to run a plantation in the Everglades for the Pennsylvania Sugar Co. Unfortunately for the company, but fortuitously for Graham, the 1926 hurricane devasted the sugar plantation, known as Pensacola. A few years later, the Great Depression stuck, again wiping out the farm. In the 1930s, the company agreed to give Cap Graham the 3,000-acre plantation to avoid paying property taxes on it. The elder Graham turned the land into a dairy farm and prospered. By 1936, when he was 51, his stature in the community was such that he won a seat in the Florida Legislature, where he served eight years. Cap Graham's first wife had died of cancer, and early in 1936 he married Hilda Simmons Graham. Ten months later in November, just days after he was elected to the Legislature, the youngest of his four children was born, Daniel Robert. The littlest Graham excelled even in his youth. When he was 16, Bob Graham named Dade County's "best all-around boy" by the Miami Senior High's student body and earned Phi Beta Kappa honors at University of Florida, where he also was admitted to the prestigious Blue Key society. At the University of Florida he met his future wife, Adele Khoury of Miami Shores, and as legend has it, told her he would be governor one day. They married in 1959, and he got a job in Washington interning for young Dade Congressman Dante Fascekk. He graduated from Harvard Law School in 1963 and got elected to the state legislature in 1966, when he was 30. He became a state senator in 1970. Along the way, he and Adele raised four daughters. For all his talents, Bob Graham's political rise was aided in no small measure by his two older half-brothers at Harvard Law School and married Katherine Meyer, whose father owned the Washington Post. Phil Graham took over management of the paper from his father-in-law in the 1940s. But while Phil was brilliant at business, he was a manic-depressive. In 1963, he shot and killed himself, leaving Katherine Graham to run                 Copr. West 1998 No Claim to Orig. U.S. Govt. Works FOR EDUCATIONAL USE ONLY                                                                      Page 18 6/1/96 FLATREND 36                                                                                (Publication page reference are not available for this document.) the Post and to become in her own right one of the best-known businesswomen in America. Today, the senator's nephew Donald Graham runs the publishing company. If Phil and Katherine Graham made the family name famous, second brother Bill, 12 years older than Bob, made his brother rich. In 1962, with Dade growing rapidly, Bill Graham began developing the Pensacola property. After law school, Bob Graham joined the family business until he took up politics full-time. Today, Miami Lakes is a five-square-mile planned community with 23,000 residents and 4.5 million square feet of office, commercial and industrial space, about one-third of which is still owned and managed by the Graham Cos. The company expects to build another 2 million square feet of office and commercial space over the next 15 to 20 years. The Graham Cos. still milk 2,100 cows in Moore Haven and operate a bull-breeding farm in Georgia. One of the few controversies that has dogged Bob Graham in his political career is the fact that the Graham Cos. benefit from a state law that lets them pay taxes on undeveloped Miami Lakes land as agricultural property, instead of commercial of residential land. In 1978, when Bob Graham wanted to run for governor, he financed his campaign in part by selling $500,000 worth of Graham Cos. stock. And although he's worked in public service since 1966, Sen. Graham today puts his net worth at between $5 million and $10 million. "We couldn't have done what we do in life if it had not been for Bill," Adele Graham has said of her business-savvy brother-in-law. TABULAR OR GRAPHIC MATERIAL SET FORTH IN THIS DOCUMENT IS NOT DISPLAYABLE  illustration photograph ---INDEX REFERENCES--- KEY WORDS: POLTICANS  NEWS SUJECT: Securities Registrations (REG) NEWS CATEGORY: COVER STORY Word Count: 6000 6/1/96 FLATREND END OF DOCUMENT                 Copr. West 1998 No Claim to Orig. U.S. Govt. Works   <o:p></o:p> Contributor of the Digital Item Person submitting the digital item to the collection. Williams, Megan Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Magazine Article Vol. No./Issue No. Volume and issue number for the newspaper (if available) Vol. 39, No. 2 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 Man in the middle, a reappraisal Subject The topic of the resource Graham, Bob Gubernatorial Election Description An account of the resource Article explores the political career of Bob Graham as he considers whether to run for governor again. In order, to measure his success the Florida Trend Magazine is looking at the his political record in both Tallahassee, FL and Washington, DC. Part of looking at Graham's career in Florida involved looking into his stance on the death penalty, which is when Michael Mello is quoted on page ten of this document. Creator An entity primarily responsible for making the resource Poppe, David Source A related resource from which the described resource is derived Florida Trend (Trend Magazines Inc.) 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 1996-06-01 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 15 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