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Amos Lee KING
Jr.
Rape -
Arson
Same day
The state of Florida is scheduled to execute Amos
King Feb. 26 for the 1976 murder of Natalie Brady. In the 26 years
since the murder, King’s death sentence has been argued before the
U.S. Supreme Court, vacated, retried, and reinstated. In 2003 alone,
he received three stays – one from the U.S. Supreme Court in
February, another from the Florida Supreme Court in July, and yet
another from Gov. Jeb Bush in December. King’s pending execution
represents the worst nightmare of the death penalty process: this is
a possible innocence case, involving a defendant with ineffective
counsel.
Gov. Bush granted King a 30-day stay just hours
before his Dec. 2 execution date so that DNA testing could proceed
and shed light on the merits of his innocence claim. The results
came back inconclusive, prompting two drastically different
reactions. Gov. Bush, ignoring his previous concerns regarding
King’s possible innocence, immediately perceived the test results as
a green light for an execution.
Advocates for King, on the contrary,
recognized that since the DNA testing proved nothing, the innocence
claim remains strong enough to consider lingering doubt as grounds
for clemency. King’s lawyers also note that the state destroyed one
of the most critical pieces of evidence – the semen-infused vaginal
washings – years ago, and that testing on that would have very
likely produced more conclusive results.
Florida has freed more people from death row due
to actual innocence than any other state, and accounts for
approximately a quarter of the nation’s exonerations. Just last
month, the state of Florida released Rudolph Holton after a
combination of DNA evidence and witnesses’ admissions to lying at
his trial proved his innocence claim. Holton walked free Jan. 24,
after spending 16 years awaiting execution.
King’s innocence argument likely received little
attention during his trial because of his struggles with inadequate
legal assistance. Forced to gamble his life on state-appointed
defense lawyers, he has been challenging the effectiveness of his
trial counsel for more than two decades. In 1983, the U.S. 11th
Circuit Court of Appeals vacated his death sentence, claiming he
received ineffective assistance during the penalty phase of his
trial.
The court found that his lead attorney, Thomas Cole, entered
the trial fatigued and unprepared. Cole, although an experienced
criminal defense lawyer, had been concentrating primarily on another
case at the time, and met with his client only twice before the
trial. His support attorney, Anthony Rondolino, joined the defense
less than a week before the trial began.
In vacating the initial death sentence, Judge
Paul H. Roney of the 11th Circuit Court of Appeals wrote: “King was
convicted on circumstantial evidence which however strong leaves
room for doubt that a skilled attorney might raise to a sufficient
level that, though not enough to defeat conviction, might convince a
jury that the ultimate penalty should not be exacted.”
During the trial, Cole stated on the record:
“Judge, I am beat, I have got to go home and get some sleep.” On
another occasion he said: “I can’t think anymore.” Of course, Cole
represented King during the guilt phase of the trial as well, and
little evidence indicates that he provided effective counsel at any
point in the trial.
According to the state, King murdered Natalie
Brady in the early hours of March 18, 1977. An inmate at Tarpon
Springs Community Correctional Center, a minimum-security work
release facility, King allegedly escaped in the middle of the night,
ran over to Brady’s house, and proceeded to rob, sexually assault,
and stab her before lighting the house on fire.
Cole made numerous obvious errors while defending
King, which several appellate judges noted in their opinions. He
offered minimal challenges to critical pieces of evidence, including
a kitchen knife a witness identified despite not having seen it in
more than a decade. He also failed to present a piece of potentially
exculpatory evidence concerning hair samples found on the victim’s
nightgown and sheets.
Several judges have argued in favor of reversing
King’s death sentence again, citing “lingering doubt” about his
guilt and the effectiveness of his defense attorneys. Considering
the circumstances – from the possibility of innocence to the
painfully obvious issues concerning ineffective counsel – this case
is a no-brainer: commute the sentence to life in prison. Please
write the state of Florida and encourage clemency for Amos King.
Floridians for Alternatives to the Death Penalty
(FADP) has established a web page highlighting the major questions
still unresolved in the case of Amos King. The new section of FADP's
web page features an outline format raising major questions at
Floridians for Alternatives to the Death Penalty
calls on Governor Bush to commute Amos King's death sentence to life
without the possibility of parole, and to enact an immediate
"Time-Out" on executions in Florida.
SENT BY:
Abraham J. Bonowitz, Director
Floridians for Alternatives to the Death Penalty (FADP)
PRESS RELEASE FROM FLORIDIANS FOR ALTERNATIVES TO
THE DEATH PENALTY (FADP.org)
21 February 2003
THERE IS REASON FOR DOUBT IN THE CASE AGAINST
AMOS KING
Floridians for Alternatives to the Death Penalty
(FADP) has established a web page highlighting the major questions
still unresolved in the case of Amos King, who is scheduled to be
exterminated by the people of the state of Florida on February 26,
2003, at 6pm, in revenge for his alleged murder of Natalie Brady.
"The nutshell here is that there is no conclusive
evidence to point to Amos King." said Abe Bonowitz, director of FADP.
"I don't believe that Governor Bush wants to leave himself open to
the accusation that he killed a prisoner where there was doubt about
the man's guilt."
The new section of FADP's web page features an
outline format raising major questions at http://www.fadp.org/amoskinginnocent.html
Floridians for Alternatives to the Death Penalty
calls on Governor Bush to commute Amos King's death sentence to life
without the possibility of parole, and to enact an immediate
"Time-Out" on executions in Florida.
SENT BY:
Abraham J. Bonowitz, Director
Floridians for Alternatives to the Death Penalty (FADP)
However,
efforts to either prove or disprove King as the killer through DNA
testing were fruitless, as the materials available for testing were
either degraded or had no biological material on them to test.
Defense lawyers said key evidence that could either prove or
disprove King as the killer - vaginal washings from the victim - was
destroyed by the state two years after King's trial. Defense lawyers
countered that Kings' blood type is shared by 22 percent of the
population. And, although the corrections counselor who found King
outside the prison testified that blood was on King's pants, no
blood evidence was presented by prosecutors at trial. King, in
interviews and statements released to reporters several days before
his execution, cast himself as the victim of perjured testimony,
lies by prosecutors and mishandled evidence.
Lack Of Moral Certainty
Floridians for Alternatives to the Death Penalty
said that King was being "exterminated" based on circumstantial
evidence and that the case against him lacked the "moral certainty"
needed for a death sentence. "The nutshell here is that there is no
conclusive evidence to point to Amos King," said Abe Bonowitz,
director of the anti- death penalty group. Anti-death penalty foes
also noted that King was tried before an all-white jury and claimed
he had inadequate legal counsel during his trial. A death warrant
for King had first been signed in 1981 - under the administration of
then Governor Bob Graham. In recent days, King's lawyers had filed a
flurry of last ditch appeals to federal appeals courts in Atlanta,
Florida, the Florida Supreme Court and even the U.S. Supreme Court.
'I'm Not A Murderer'
In an interview with Florida reporters Tuesday,
King said he was prepared for his execution as "well as I can be"
and that he was not going to confess to a murder he did not commit.
"I am not a rapist. I am not a murderer," King said. "This is
inconsistent to my character." King became the 55th convicted killer
put to death in Florida since it reinstated the death penalty in
1976.