Tag Archives: Florida death penalty

The Latest From Florida’s Death Row

Florida Passes Bill to Compensate Exonerated Death Row Inmate

Justice was a long time coming, and a day late.

But it did arrive, with the eleventh-hour passage of a bill Friday that will let Florida pay James Richardson for wrongly convicting him of murder and imprisoning him for 21 years. After years of failed efforts, Richardson’s supporters persuaded the Florida Legislature to change a law that had left him in a legal limbo since 1989.

The Senate took the final step, passing the bill unanimously at 9:15 p.m., in the closing minutes of the lawmakers’ 60-day session.

New Death Sentence: Judge Gives Death Sentence to Quentin Truehill

A death sentence given for the man who kidnapped and killed an FSU grad student and dumped his body in St. Augustine.

A St. Johns County jury recommended the death sentence for Quentin Truehill in March. He was convicted in February of first degree murder and kidnapping.

Custody Still in Flux for Flagler Killer’s Daughter:

Kyla was 1 year old on Aug. 21, 2007, when her father, William Gregory, sneaked into a Flagler Beach house and killed Kyla’s 17-year-old mother, Skyler Meekins, and her 22-year-old boyfriend, Daniel Dyer. Gregory was convicted of first-degree murder in April 2011 and now sits on death row.

Kyla is now 7 and where she will spend the rest of her childhood remains unclear.

Nelson Serrano’s Lawyers Seek New Trial

Condemned mass murderer Nelson Serrano, who’s on Florida’s death row for gunning down four people at a Bartow factory in 1997, should get a new trial because recently discovered evidence has put the jury’s 2006 guilty verdict in doubt, his lawyers said Tuesday.

Florida Death Row Inmate Seeks Clemency in Last Chance Before Execution Date is Set

The case of Charles Finney, a 60-year-old man on death row in Florida, is now before the clemency authorities. He maintains that he did not commit the murder for which he was sentenced to death. In Florida, an execution date is set if and when clemency is denied.

The Florida Supreme Court unanimously upheld the conviction and death penalty sentence of a Pensacola woman convicted of beating a 19-year-old with a crowbar, shocking her with a stun gun and then setting her on fire, according to the State Attorney’s Office.

In 2012, Tina Lasonya Brown, 43, was found guilty of first-degree murder in the death of Audreanna Zimmerman.

Editorial: Don’t Miss This Opportunity to Reform the Florida Death Penalty

The death penalty is likely to be with us until the U.S. Supreme Court or the Florida Legislature undergoes serious change. But whether one is an opponent of the death penalty (as the ACLU surely is) or a proponent of state executions, we should all insist that the possibility of horrible and irreversible error in Florida’s implementation of the death penalty is minimized.

 

That is the point of legislation pending in both Florida’s House and Senate — SB 334 by Sen. Thad Altman R-Melbourne, and HB 467 Rep. Jose Javier Rodriquez, D-Miami, both entitled “Sentencing in Capital Felonies.” Sadly, it does not appear that either chamber is willing to take up this issue.

Florida Judge Who Imposed Death Penalty Reflects on the Practice

It was Ulmer who presided over the murder trial of John Henry, whose death warrant was recently signed by Gov. Rick Scott and who is scheduled to be executed June 18 if doctors determine he is sane.

In Ulmer’s court, Henry was convicted of repeatedly stabbing his wife, Suzanne, in the neck while her 5-year-old son was in another room in their Zephyrhills home. Henry covered her with a rug, smoked a cigarette and then drove his stepson to a wooded area in Hillsborough County, where he stabbed the boy to death.

When it came time for sentencing, Ulmer appeared more shaken than Henry. His voice quavered as he read the declaration the state required with any death sentence.

Guest Column: Florida’s Death Penalty is Archaic

It is irrefutable folks; we kill a lot of innocent people. If that wasn’t bad enough, because of our lengthy appeals process, killing people is very expensive. It is time to bring a little more sanity to our punitive approach.

 

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Tonight’s Execution: Robert Hendrix

This is a developing story. Check back for updates.

Florida carried out its fifth lethal injection of 2014 with tonight’s scheduled execution of 47-year-old Robert Hendrix.

Hendrix was convicted of the 1990 death of his cousin, Elmer Scott, and Elmer’s wife, Susan Michelle Scott. Prosecutors say Hendrix killed Scott to prevent him from testifying against Hendrix in an upcoming burglary case. According to case documents, Hendrix told several friends about his plans, and discussed it with his live-in girlfriend at the time. The day before his court date, Hendrix shot, stabbed and beat Scott with the gun, as well as shooting and slashing the throat of Susan Michelle, prosecutors say.

Hendrix spent his final morning visiting with his parents and a Catholic spiritual adviser, according to Florida Department of Corrections spokeswoman Jessica Cary.

Hendrix’s time of death was 6:21 p.m. and according to Orlando Sentinel reporter Susan Jacobson he made no final statement. His execution is the 16th in Florida since Gov. Rick Scott took office.

According to the Associated Press, Hendrix sought a last-minute stay, “as his lawyer argues that two witnesses for the prosecution were unreliable and that no forensic evidence links him to the crimes.” From the AP:

Brody [Hendrix’s attorney] said the two main witnesses against Hendrix, Turbyville and Roger LaForce, who claimed Hendrix told him details about the murders while they shared a cell in the Lake County Jail, are unreliable. According to Brody, both had a self-interest in testifying for prosecutors.

His attorney also claimed the judge had a conflict of interest, that Hendrix being shackled during the trial gave jurors a biased impression of him and that during sentencing, Hendrix’s attorneys failed to call mitigating witnesses who could have testified to problems with drugs and abuse by his father.

However, the U.S. Supreme Court denied the appeal, allowing the execution to proceed as planned. The execution is the 85th in Florida since the death penalty was reinstated in 1976.

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The Latest From Florida’s Death Row

Jury Recommends Death Penalty for Brandon Bradley in Brevard Deputy Murder: 

The jury which convicted Brandon Bradley of murder recommended he receive the death sentence for the murder of Brevard County Deputy Barbara Pill during a traffic stop in 2012.

A judge will now decide whether to accept the recommendation, or hand down a life sentence.

The vote was 10-2, and revealed to the court after three hours of deliberations.

Read more on the case here.

Florida Supreme Court Upholds Death Sentence for Toney Davis: 

The Court ruled against Davis’s appeal of his conviction for the 1995 rape and murder of Caleasha Cunningham in Duval County. The case summary from the Florida Commission on Capital Cases is as follows:

Toney Davis lived with Gwen Cunningham from September 1992 until 12/09/92.  On 12/09/92, Gwen Cunningham left her two-year-old daughter, Caleasha, in the care of Davis while she ran an errand.  An acquaintance of Davis, Thomas Moore, arrived at the apartment around 12:45 p.m.  Davis answered the door with Caleasha draped over his arm.  Davis told Moore that Caleasha had choked on a French fry, and while Moore called 911, Davis gave Caleasha mouth-to-mouth resuscitation.  Prior to the 911 call, neighbors reported hearing thumping noises and Davis’ raised voice coming from the apartment.

Caleasha was wet, unconscious, and had blood in her mouth when she was examined at the apartment.  She was naked from the waist down, although she was fully clothed when Gwen Cunningham left the apartment.  Caleasha was revived, but later died on 12/10/92.

The emergency room doctor who examined Caleasha noticed bruising, swelling of the brain, and pools of blood in the skull, as well as injuries that suggested vaginal penetration by a penis, finger, or other object.  The cause of death was cerebral hemorrhage, caused by four blows to the head.

Caleasha’s hair bow was found in the bed and her blood was found on the sheet, pillowcase, in the bathroom, and on the crotch of Davis’ shorts and underwear.

Florida Supreme Court Upholds Death Sentence for Robert Hendrix: 

Robert Hendrix, 47, was convicted in the August 1990 murders of his cousin Elmer Scott and Scott’s wife, Michelle, in Lake County. According to the Orlando Sentinel,  Scott was killed to keep him from testifying in an upcoming armed robbery case that could have resulted in Hendrix serving life in prison. Scott’s wife was then killed because she could identify Hendrix.

Hendrix is slated for execution on April 23. His attorneys argued that he had ineffective counsel, that the trial judge was biased, and that the prosecutors committed a Brady violation by withholding evidence about an informer. However, the Court ruled that his claims were without merit, and at this time his execution is set to proceed.

 

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Florida’s Execution of Marshall Lee Gore Stayed a Second Time

Florida death row inmate Marshall Lee Gore, scheduled to be executed tonight, has been given another last-minute stay, his second one in a little more than two weeks.

Gore, who received two death sentences for the 1988 killings of Susan Roark and Robyn Novick, was only an hour away from execution June 24, when his first reprieve came through. The lethal injection was temporarily stayed by the  U.S. 11th Circuit Court of Appeals in order to hear arguments from Gore’s attorneys that he is insane, and therefore ineligible for execution.

That appeal was denied a few days later on June 28, when judges ruled he had not met the necessary criteria for halting the execution. The stay was lifted and a new execution date was set for today.

But Gore got another reprieve Tuesday when a judge ordered more hearings. From David Ovalle for the Miami Herald:

On Tuesday, a Bradford County circuit judge agreed with Gore’s defense lawyers and found “reasonable grounds” that the Death Row inmate was too insane to be executed.

Circuit Judge Ysleta McDonald ordered that more hearings be held to determine Gore’s mental state and whether his execution may proceed without violating the Supreme Court’s ruling banning the execution of the mentally incompetent.

One of Gore’s attorneys, Todd Scher, told the Sun Sentinel“he has a long history of mental illness and delusional behavior and all of that needs to be brought to the court’s attention. The law is very clear that somebody who is not sane cannot be executed.”

The additional last-minute reprieve frustrated the victims’ family members, some of whom planned to attend the execution.

“I don’t know why we have to protect individuals like this when it was clearly shown that he was responsible for the death,” Novick’s cousin Phil Novick told the Sentinel in a telephone interview Tuesday. “When he finally does meet his end, I’ll just forget about him like last Wednesday’s trash. It’s like putting down a dog. Just a wasted life and an all-lose situation all the way around.”

Related Reading: 
Stay of Execution Lifted for Marshall Gore

Tonight’s Execution of Marshall Lee Gore in Florida Temporarily Stayed

Execution of Marshall Lee Gore Set To Move Forward As Planned

Florida Executions Speeding Up As Gov. Scott Signs Another Death Warrant

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The Latest From Florida’s Death Row

Brevard Killer’s Appeal Rejected by Florida Supreme Court: James Phillip Barnes—who was convicted of killing two women—will remain on Florida’s death row after his latest appeal was rejected by the state’s highest court. In a decision made public today, Florida Supreme Court rejected an appeal from Barnes, who is facing lethal injection for the 1988 killing of Melbourne nurse Patricia “Patsy” Miller.

Florida Supreme Court Reverses Two Death Sentences, Citing Mental Issues: In two separate pre-Independence Day decisions, the Florida Supreme Court this week overturned the death sentences of Michael Shellito, 37, and Ralston Davis, 28, ruling in both cases that the murderers’ mental state at the time of the killings should have played a larger role in theirs sentences.

Supreme Court Denies Gregory’s Death-Penalty Appeal for 2007 Murders in Flagler BeachWilliam Gregory, 30, was sentenced to death on April 14, 2011, for the murder of his ex-girlfriend and her boyfriend as the couple slept in a house in Flagler Beach on August 21, 2007. On Thursday, a unanimous Florida Supreme Court rejected Gregory’s appeal.

Jonathan LeBaron Faces Sentencing Aug. 12 in Murder Case: Following a May 10 jury recommendation in favor of the death penalty, convicted murderer Jonathan LeBaron will face sentencing August 12 in Monroe County Circuit Court. Judge Mark Jones will pronounce sentence in a proceeding set to begin at 11:30 a.m. in Courtroom B of the Freeman Justice Center in Key West.

New Trial Ordered for Florida Death Row Inmate:  The Florida Supreme Court has ordered a new trial for a man sentenced to death for a 1996 fatal stabbing. The court unanimously upheld a lower court’s 2010 decision Thursday to grant a retrial to 51-year-old Michael Peter Fitzpatrick. Justices found that Fitzpatrick had ineffective help from his trial attorney, who should have consulted with experts on the DNA and other forensic evidence used against him.

Death Sentence Upheld for Convicted Cop-Killer Jason Wheeler: The Florida Supreme Court today upheld the conviction and death sentence for Jason Wheeler, who was convicted of killing a Lake County deputy in 2005. Wheeler was found guilty of shooting Deputy Wayne Koester, one of the deputies dispatched to his Paisley home in February 2005 for a domestic-violence complaint. Wheeler escaped arrest initially, but deputies tracked him down, shot him and paralyzed him.

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Stay of Execution Lifted for Marshall Gore

This is a developing story. Check back for updates.

UPDATE: A new execution date has been set for Marshall Gore. He is now set for execution on July 10, 2013 at 6 p.m. 

According to Miami Herald reporter David Ovalle, the stay of execution for Marshall Gore, whose execution was halted Monday night, has been lifted and a new date will soon be set. (Update: here’s a link to the Herald story that’s now published.)

Gore, who received two death sentences for the 1988 killings of Susan Roark and Robyn Novick, was only an hour away from execution when a federal appeals court temporarily stayed the lethal injection.

The U.S. 11th Circuit Court of Appeals stopped the execution in order to hear arguments from Gore’s attorneys that he is insane, and therefore ineligible for execution. However, the court wanted to move quickly so they could come to a decision before the death warrant, signed in May, could expire.

Oral arguments were held today and Gore’s appeal was subsequently denied. Because the warrant is still active, a new execution date will likely be set quite soon.

Related Reading: 

Federal Court Halts Execution of Miami Killer Marshall Lee Gore

Execution of Marshall Lee Gore Set to Move Forward As Planned

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Florida’s Timely Justice Act Challenged in State Supreme Court

Attorneys for a group of Florida’s death row inmates have filed a challenge to the newly passed Timely Justice Act, which would speed executions in Florida. (Yours truly has not yet been able to blog about the law at this point, but you can find a wealth of articles about it, like this one from Slate and this one from The Miami Herald.)

The Palm Beach Post has an article detailing the challenge which I’ve pasted below. You can also read the original here as well as an Associated Press story on the suit here.

By Dara Kam

Palm Beach Post Capital Bureau

TALLAHASSEE — Attorneys representing Death Row inmates have filed a challenge to a law aimed at speeding up executions, saying the “Timely Justice Act” is an unconstitutional power grab by the Legislature and violates convicts’ constitutional rights to due process and equal protection.

The lawsuit filed Wednesday with the Florida Supreme Court is led by two lawyers — Neal Dupree, capital collateral regional counsel south; and Bill Jennings, capital collateral regional counsel middle. They lead the state agencies that represent Death Row inmates in postconviction proceedings in their respective Florida districts.

Dozens of lawyers and more than 150 inmates awaiting execution joined the suit against Attorney General Pam Bondi and the state of Florida.

The suit was filed less than two weeks after Gov. Rick Scott signed the measure into law. “We will defend it,” Scott spokeswoman Jackie Schutz said in an email.

Scott’s office has launched a public-relations campaign disputing reports that the new law abbreviates judicial rights, insisting instead that the law “makes technical amendments to current law and provides clarity and transparency to legal proceedings.”

Florida has 405 inmates on Death Row. The average length of time between conviction and execution is more than two decades.

The new law, which takes effect July 1, requires the Florida Supreme Court to certify to the governor when a Death Row inmate’s appeals have been exhausted. The governor will have 30 days to sign a death warrant once the capital clemency process is complete.

The law also creates time limits for production of public records in postconviction cases and imposes penalties on defense lawyers deemed ineffective.

Dupree and Jennings asked the Florida Supreme Court to issue an emergency injunction blocking the law, warning it will create a “flood of death warrants that will inundate the courts” and diminish the court’s review of capital cases. They also requested that the court hear oral arguments in the case.

If the law is not halted, “the process will have the unconstitutional and irreversible result of individuals being executed under a legislatively determined judicial procedure in which violations of their constitutional rights go unresolved,” the lawyers wrote in an 89-page filing. “Further, Florida history shows that diminished process can have tragic and irreversible consequences.”

The request for an injunction also includes a lengthy examination of efforts by the Supreme Court, the Legislature and previous governors to come up a more expedited yet fair death penalty procedure.

That process “cannot and should not be displaced by a lawmaking process based on political, rather than constitutional and equitable, concerns,” wrote Dupree and Jennings, joined by Martin McClain, who has represented numerous Death Row inmates, including some who have been exonerated.

The lawyers rely on many of the same arguments used by the Supreme Court when it struck down the 2000 Death Penalty Reform Act, the Legislature’s last attempt to speed up executions. The 200 law imposed time limits on appeals and created a two-tiered system for direct appeals and collateral proceedings.

In much the same way, the new law imposes time lines for appeals, thereby taking away the court’s power to establish its own rules, the lawyers argued.

Among the top concerns with the new law are limits on appeals that can be made once a warrant is signed. Only 19 of the 75 prisoners executed in Florida since the death penalty was reinstated in 1976 were put to death after their first warrant, the lawyers wrote.

According to Scott’s office, 13 Death Row inmates would fit the criteria under the new law to have a death warrant signed.

The lawsuit is a rehashing of the “same spurious arguments that have turned our death penalty into a mockery in Florida,” said state Sen. Joe Negron, R-Stuart, the bill’s sponsor.

“Their stated role is to not have anyone executed on their watch. They oppose the death penalty in every case and use all legal filings necessary to delay the inevitable. And that’s exactly what this legislation was designed to put a stop to,” he said.

Negron said he is confident the court will uphold the law.

But lawyers for the condemned argued in the brief that the new process lacks an understanding of the complexities of the process and imposes restrictions on federal appeals.

The Legislature “has made profoundly critical decisions determining what judicial vehicles are available to capital defendants prior to the State taking the ultimate punitive act of terminating their lives, yet it seems the Legislature does not have an understanding of those vehicles and their names. Unless, that is, we must presume that the Legislature intended to cut off U.S. Supreme Court review of Florida death cases, which would present concerns of federalism, constitutionality and fairness beyond those addressed herein,” the lawyers wrote.

 

 

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The Latest From Florida’s Death Row

Florida Death Row Inmate Seeks Eau Claire HearingConvicted murderer Bill P. Marquardt believes his convictions in Eau Claire County played a role in his Florida death sentence. The 37-year-old Marquardt, an inmate in a Florida prison, is requesting an Eau Claire County judge appoint an attorney for him and hold an evidentiary hearing at which he can present more than a dozen issues related to his January 2003 conviction on animal cruelty, burglary and firearms charges.

“These Eau Claire convictions were Florida (aggravators),” Marquardt wrote in a 30-plus-page handwritten petition for a writ of habeas corpus filed in Eau Claire County Court.

Florida Supreme Court Chooses New Clerk:  A Tallahassee lawyer with experience defending death row prisoners and expertise in court technology will become clerk of the Florida Supreme Court next November. Chief Justice Ricky Polston announced the selection of John Tomasino to succeed Clerk Thomas D. Hall, who is retiring in October after 13 years in the post.

No Death Penalty for Woman in Stepdaughter’s Killing:  The prosecution announced it is not seeking the death penalty against Misty Stoddard, who is accused of killing her 11-year-old autistic stepdaughter in December. The revelation came Tuesday during a court hearing as Stoddard, 36, pleaded not guilty to first-degree murder, the latest charge against her.

Changes Coming for Florida’s Death Penalty System:  Florida is moving to a new death penalty system designed to reduce delays.

State lawmakers passed the “Timely Justice Act” last spring to create specific timeframes for appeals and legal motions. Supporters of the bill argued it made no sense to allow inmates to remain on death row for 30 years or more. Gov. Scott signed the bill, saying it would improve the orderly administration of capital punishment in Florida.

But opponents say Florida is charging ahead with executions at a time when a more careful review of the system is warranted.

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The Last Words of William Van Poyck

Dear Sis, 
If you are reading this, I have gone the way of the earth, my atonement fulfilled.

William Van Poyck‘s sister has posted his final words, by way of two last letters he wrote her prior to his June 12 execution.

Here’s one from June 3rd, only a little more than a week away from his execution:

Dear Sis~

Ten days ’till departure time. You already know that they killed my neighbor, Elmer, 5 days ago. Then they moved me into his cell. After they execute someone they move the rest of us down one cell, working our way to cell#1, the launching pad to the gurney next door.  This is a bad luck cell; very few of us get out of here alive!  In two days I’ll go onto Phase II and they’ll move all  my property from my cell, and post a guard in front of my cell 24/7 to record everything I do.  These will be hectic days, freighted with emotion, all the final letters, all the final phone calls, final visits, final goodbyes.  Things have become even more regimented as “established procedures” increasingly take over.  More cell front visits from high ranking administration and DOC officials asking if everything is O.K., forms to fill out (cremation or burial?).  I declined the offer of a “last meal”.  I’m not interested in participating in that time-worn ritual, to feed some reporter’s breathless post-execution account.  Besides, material gratification will be the last thing on my mind as I prepare to cross over to the non-material planes.  Watching Elmer go through his final days really drove home how ritualized this whole process has become; the ritual aspect perhaps brings some numbing comfort – or sense of purpose – to those not really comfortable with this whole killing people scheme.  This is akin to participating in a play where the participants step to a rote cadence, acting out their parts in the script, with nobody pausing to question the underlying premise.  It’s like a Twilight Zone episode where you want to grab someone, shake them hard, and yell “Hey, wake up! Don’t you know what’s going on here?!!!”

My very accelerated appeal is before the Florida Supreme Court; my brief is due today, (Monday), the state’s brief tomorrow and oral arguments are scheduled for Thursday June 6th (D-Day Anniversary).  I expect an immediate ruling, or perhaps on Friday.  By the time you read this you’ll already know the result and since there’s no higher court to go to on this you’ll know if I live or die on June 12th.  I am not optimistic, Sis.  Although I have some substantial, compelling issues, as you know (e.g., my appointed direct appeal attorney who turned out to be a mentally ill, oft-hospitalized, crack head, convicted of cocaine possession and subsequently disbarred whose incompetence sabotaged my appeal) the law provides the courts with countless ways to deny a prisoner any appellate review of even the most meritorious claims.  I won’t turn this into a discourse on legal procedures; but many years of observation has taught me that once a death warrant is signed it’s near impossible to stop the  momentum of that train.  Issues that would normally offer you some relief, absent a warrant, suddenly become “meritless” under the tension of a looming execution date.  Nobody wants to be the one to stop an execution, it’s almost sacrilegious.

So many people are praying and fighting to save my life that I am loathe to express any pessimism, as if that’s a betrayal of those supporting me.  And, there is some hope, at least for a stay of execution.  But honestly my worst fear is a temporary stay of 20, 30 days.  Unless a stay results in my lawyers digging up some new, previously undiscovered substantial claim that will get me a new sentencing hearing, a stay simply postpones the inevitable.  What I don’t want is to be back here in the same position in 30 days, forcing you and all my loved ones to endure another heart-breaking cycle of final goodbyes.  I cannot ask that of them.  I’d rather just go on June 12th and get this over with.          This may be disappointing to those who are trying so hard to extend my life, even for a few days, but there it is.

Time – that surprisingly subjective, abstract concept – is becoming increasingly compressed for me.  I’m staying rooted in the here and now, not dwelling on the past or anxiously peering into the future, but inhabiting each unfolding moment as it arrives in my consciousness (F.Y.I., I highly recommend The Power of Now, by Eckhart Tolle, for anyone facing imminent execution!)  I’m still able to see the beauty of this world, and value the kindness of the many beautiful souls who work tirelessly to make this a better place.  I am calm and very much at peace, Sis, so don’t worry about my welfare down here on death watch.  I will endure this without fear, and with as much grace as I can summon.  Whatever happens, it’s all good, it’s just the way it’s supposed to be.
Much Love,
Bill

Bill’s final letter, written on the day of his execution, is much more brief:

Dear Sis,
If you are reading this, I have gone the way of the earth, my atonement fulfilled. When your tears have dried—as they will—and you look up at the sky, allow yourself to smile when you think of me, free at last. Though I have departed my physical vehicle, know that my soul—timeless, boundless and eternal—soars joyfully among the stars.

Despite my many flaws on earth, I was blessed to be loved by so many special souls who saw past my feet of clay and into my heart. Know that in my final hours, it was that love which sustained my spirit and brought me peace. Love, like our souls, is eternal and forever binds us, and in due time it will surely draw us all back together again. Until then, Godspeed to you and all who have loved me!
Light & Love,
Bill

 

Related Reading:

Dispatches From Death Row: William Van Poyck

“I Have 21 Days Left To Live”: Counting Down To An Execution

Florida Executes William Van Poyck

Gov. Scott Signs Death Warrant for Florida Inmate William Van Poyck

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Tonight’s Execution of Marshall Lee Gore in Florida Temporarily Stayed

This is a developing story. Check back for updates. 

What would have been the third execution in Florida in 6 weeks has been delayed, as a federal appeals court temporarily stayed the lethal injection of Marshall Lee Gore just an hour before it was to be carried out.

From David Ovalle for the Miami Herald

The U.S. 11th Circuit Court of Appeals, based in Atlanta, issued the stay to give Gore’s lawyers a chance to hash out a claim that he cannot be executed because he is insane.

But the court said it would move quickly to come to a decision before the death warrant signed by Gov. Rick Scott expires. Oral arguments will be held Thursday.

Gore received two death sentences for the 1988 killings of Susan Roark and Robyn Novick. Relatives of Novick had traveled to Starke to witness the execution and according to Ovalle’s report were unhappy with the stay.

“They’re upset. This has been going on for 25 years,” retired Columbia Sheriff’s Office Lt. Neal Nydam, told Ovalle. “They’re trying to find closure and it’s not going to happen today.”

Gore had already been served his last meal of steak, a Coke and a baked potato that he did not eat. He also met with the volunteer chaplain, who serves as spiritual adviser to some of the inmates. 

Related Reading: 

Federal Court Halts Execution of Miami Killer Marshall Lee Gore

Execution of Marshall Lee Gore Set to Move Forward As Planned

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