Written by Mike in January, 2009
There’s a song I recall from many, many moons ago in a life now far,
far away ~ the words still haunt me from time to time, and I smile…
“Once was the thought inside my head, before I reach 30 I’ll be dead…”
At 48 years old now. I’ve spent almost my entire adult life in a
solitary cage on Florida’s death row. Doing life on death row isn’t
about living at all, but about dying slow, a day at a time. If there’s
anything even harder than living alone, it’s got to be dying alone, as I
only exist in a very small world where death is the only absolute
reality and everything else is just part of that path getting there.
But
there’s many kinds of deaths ~ there’s the death of the body and the
death of the soul. There’s a point man can reach when even physical
death is seen as a blessing, as a means in which to end a nightmare that
has no end. I remain alive only because I still have the strength
within me to cling desperately to the remnants of hope that pass my way.
But perhaps hope is the greatest deception of all ~and the loss of hope
the cruelest death. I’ve seen it only too often, men I’ve know for
years slowly broken down by the existence in this artificial environment
until you can see it in their eyes ~ that dull look that means only one
thing… they’ve given up hope and now await the fate of the condemned, a
fate that ultimately becomes more of a mercy killing than an execution,
as that physical death brings with it the promise of freedom from a
fate far worse than death itself.
That’s what doing life on death
row really is ~ it’s a fate worse than death. It’s being condemned not
merely to death, but the torturous, methodical degradation of one’s
humanity in a world designed to first break you down and make you
something less than human before they finally strap that broken flesh to
a cold chair or gurney and ritualistically terminate your existence. In
truth, most of those ultimately executed at the hands of the state have
already given up the ghost long before and have embraced death as the
end of a long journey through a hell few could begin to imagine.
Hanging On To Hope
Each
month all of us receive a slip of paper that advises us of any “gain
time” we might have received that previous month. By law, the prison
officials are required to do this, as well as provide the prisoners
“presumptive release date” recalculated each month to reflect the
deduction of any gain time that might have been awarded.
Every
prisoner on Florida’s death row has a presumptive release date in the
year 9999. That gives me only, 7992 years yet to go before my presently
scheduled release and I’m already counting it down one day at a time.
I’ve read in the Bible that Methuselah lived to the ripe young age of
969 years and that was thousands of years ago. So, with modern medical
breakthroughs extending the average lifespan I figure I’ve got a good
shot at it… all I’ve got to do is live to be at least 8,039 years old
and then I’ll walk out the front gate a free man.
This is the kind
of humorous “hope” that we cling on to. When these slips of paper are
passed out each month, inevitably someone on the wing will holler out,
“Hallelujah, baby ~ I’m coming home!” or just as often one guy hollering
down the row for all to hear, “Pack your sh__, Bubba, they’re throwing
you out.” And some laugh.
A lot of us talk about going home and in
that stolen moment of fantasy we can see the green, green grass of
home. For some, this hopeful fantasy evolves into a form of psychosis
and they not only believe they’re soon going home, but know the exact
date and when that date approaches they even give away their personal
belongings and awake that particular morning and await the guards to
escort them to the front gate. Reality is nothing more than what any of
us chose to perceive it to be, and in their own little corner of their
own little world , that’s their reality and in a way I truly do envy
them as I remain trapped in my reality.
Through the years many
have gone home, having proven before the courts that they were
wrongfully convicted and upon that legal exoneration they won their
freedom. There’s been more than I can remember, but knowing that there
have been so many is, itself, a form of hope.
About five years ago
or better a long time friend of mine, Juan Melendez, known
affectionately to us as “Puerto Rican Johnny” was on the floor I was on.
Johnny and I had lived in the same area out on the streets and we would
often talk about places and even people we both knew. Johnny would show
me pictures of the house he grew up in, of his elderly mother, and talk
about how when he got out he would return home and take care of his
mother.
Just before Christmas back then he got word that the lower
state court threw out his convictions, recognizing that the state had
illegally withheld exculpatory evidence. Mucho Macho Johnny cried that
night and in our own way we all shared a tear with him. In the sixteen
years that he lived among us, he became our brother. Then a few weeks
after Christmas the warden came up on the floor and told Johnny to get
his stuff as they were releasing him that day. Johnny’s cell was down
towards the end of the hall and as he passed he spoke to each of us
momentarily. As Johnny approached my cell I felt only joy ~ sharing his
joy ~ as he told me, “Rum and coke, esso” … remembering our promise to
have a drink in the free world . And then he was gone, but a part of
each one of us walked out that front gate back into the free world with
him.
Hope… yet another four letter word, a mistress that can and
gladly will deceive and seduce you with her elusive charms. It’s that
whisper of a promise that your time there will come too, that gives a
man the strength to keep that hope alive. But when hope fails then that
mistress can become the Angel of death as that lost hope becomes nothing
more than the desperate last act at the end of the rope. And there are
few things more despairing than to watch helplessly as the guards rush
into a cell in the middle of the night and can be heard cutting a man
down, then moments later passing by your cell with the cold body of
someone you knew and lived among for years.
Rotting Away One Day At A TimeWhile
hope is a stolen luxury that brings with it a fragile strength, death
continues to be a reality that cannot be denied. For too many of us now
doing life on death row this condemnation is about slowly growing old
and rotting away until death claims us not at the hands of an
executioner, but by “natural causes.”
Although I have now been on
death row almost a quarter of a century, there are many who have been
here much, much longer. After the Supreme Court threw out the death
penalty in Furman v. Georgia (1972) Florida was the first state to rush
newly written laws into effect to allow the continued use of capital
punishment. Although these new laws didn’t pass constitutional challenge
until 1976 in Proffit v. Florida, many of the men still on Florida’s
death row today have been here since at least 1974.
When I was
charged with the capital murder case that brought me here, I was 22
years old. Recently divorced at the time, I had three young children; my
youngest barely a year old.
Mike shortly before being incarcerated
I look in my mirror today and it’s hard to
see that young man I once was, as the face looking back is that of a
grandfather. My full head of hair is long gone and what hasn’t fallen
out is turning gray.
Mike in 2009
I am not alone. Death by default that’s what
it is. Too often when morally corrupt prosecutors know they cannot kill
you, they will maliciously drag your case out until you simply die of
old age. Under any circumstances living in solitary confinement under
the stress of being condemned to death takes its toll upon the physical
and mental health of even the strongest men.
Inevitably, we all
grow old, and again, death is the only absolute reality. In a way I
should consider myself lucky as at least I came to the row while still a
young man. There are many more significantly older when they arrived
and the years living in a cage were not as easy. For every man executed
in the past 30 years, there’s been at least one other slowly rotting
away and inevitably dying of old age.
I read recently in the past
10 years alone at least 30 men have died of “natural causes” on
Florida’s death row. Some were of old age ~ others of various types of
cancer… many I personally knew. With so many here now for well over 25
and even 30 years, death row is growing gray. At the front of each death
row floor there is a handicapped cell intended to house the many who
are already confined to wheelchairs. More than a few are now over 75 and
will almost certainly slowly rot away and die in their cell as even if
they lost all their appeals the governor would not sign a death warrant
on them as it’s politically incorrect to put an old, physically disabled
man to death ~ but it’s perfectly acceptable to, instead, let him rot
away until he eventually dies.
In some cases this is actually by
intent and purpose. I know at least a few here today who have lost touch
with reality and if ever scheduled for execution the courts would be
forced to reduce their sentence to life as it’s constitutionally
prohibited to execute a person who has become legally insane. It’s also
politically unacceptable to recognize their insanity and reduce their
sentences to life. So that they can be transferred to a prison
psychiatric unit and receive proper care. The solution is to simply
ignore them ~ to deliberately let them rot away until they die in that
cage. Inevitably they do… they always do.
But nobody cares. When
was the last time you saw any newspaper talk about the many on death
rows growing old and dying alone? Recently a national debate about the
constitutionality of using lethal injection as a means of carrying out
executions generated substantial media interest after Angel “Popo” Diaz
was allegedly “tortured” to death by a botched execution and witnesses
said it took at least 24 minutes to kill him…. 24 minutes.
But
what of the many more who are slowly dying in their cells? If prolonging
a man’s death for 24 minutes constitutes cruel and unusual punishment,
then why can’t it also be argued that allowing a man to slowly rot away
in solitary confinement for many decades until he dies is also cruel and
unusual? As a presumably civilized society we are ultimately defined by
the measure of humanity we show to others and yet nothing personifies
that malignant evil within the heart of man than by looking at the
inhumanity we so deliberately inflict upon the least of the least ~ and
nothing in our contemporary society illustrates this truth better than
the deliberate deprivation imposed upon the condemned ~ it’s not enough
to want to take our lives, society demands that we must also suffer
until we are slowly broken and then ~ for those who are lucky ~
something less than human is put to death.
From Cockroaches and Rodents to Rats and Snakes
When
I first came to death row in March of 1984 this was a much different
place ~ not only physically, but the mentality was different. At that
time Florida’s main death row was at Florida State Prison, long infamous
as the end of the line, where prisoners were warehoused when they could
not be securely kept elsewhere. Physically, the wings housing death row
were comparable to Third World living conditions. In the winter we
froze and in the summer we boiled. With “open wings” (the interior of
the wings open from the first tier all the way up to the third tier) it
was noisy, as a hundred men would be yelling or watching TV or whatever.
With no screens on the always broken windows, the wings were quite
literally infested with cockroaches, rodents, even snakes, and birds ~
and then there were many wild cats that would come in to feed off the
mice and rats.
But as bad as the physical conditions were it was a
better place. In 1992 they built and opened a new building designed
exclusively to house death row. Soon after the majority of the over 300
condemned were transferred to this “Northeast Unit” of the Union
Correctional Institution. As I write this I can look outside the window
on the catwalk and in the distance I can see the Florida State Prison ~
so close, and yet so far away.
At “FSP,” as we call it, there was a
unity ~ even a “brotherhood” ~ that tied us all together. We lived in
close proximity to each other and looked out for each other. If a guard
came down and screwed with one of us without cause, he took on the whole
wing. Although there were always a few assholes and idiots on both
sides of the bars, most of us looked out for each other. Back then you
knew the difference between a convict and an inmate and a
correctional officer and a guard ~ and there is a world of
difference. A convict is a stand up guy whose word is his bond and he
knew enough to mind his own business and keep his mouth shut when he
didn’t know something for a fact. An inmate was seen as a prison rat;
the lowest form of life; worthy of no respect. An inmate was by nature
unworthy of respect, he was the kind of guy who would lie, gossip, and
backstab even his own best friend; often for no reason at all. Inmates
were rare on death row back then.
Equally so, the difference
between a corrections officer (known only as an “officer”) and a guard
was like night and day. An officer came in to work his eight hours and
go home ~ it’s just a job and he wasn’t going to take it personally. An
officer had no personal malice towards the prisoners and didn’t go out
of his way to provoke anyone. If he came in to do a cell search
(“shakedown”) he did it without maliciously destroying your property and
didn’t have to prove his manhood by being a jerk. Although avoided as
much as possible, officers were respected ~ guards were not.
A
guard was commonly referred to as inbred redneck scum, the kind of guy
who got the job because he couldn’t work anywhere else. A guard didn’t
just work eight hours ~ he lived the job and it ate him away like a
cancer until all that was left was a bitter broken man who went out of
his way to make everyone else miserable. He has malice in his heart and
was looked upon with nothing less than contempt, not only by prisoners,
but the officers who respected their job.
In those early years a
man was allowed to do his own time. In the early 80’s we had only just
began to see politicians begin to campaign on promises to lock up more
people and make sure prisoners did “hard time.” Although physically our
environment was deplorable, we would all gladly go beck if we could have
all our privileges returned. Back then we had packages sent in from
family and friends four times a year with personal clothes, shoes,
cosmetics, maybe even a decent watch or ring and a nice radio. We were
allowed to receive “hobby craft” packages monthly with materials for
painting, crocheting, and all sorts of other stuff. All of that is long
gone now ~ nothing comes in from the outside world anymore and anything
we might get must be bought from the prison store at significantly
marked up prices; the profits used to subsidize our incarceration, as
the prison system has become a virtual industry with thousands of
companies now dependant upon contracts they receive to provide
everything from the food we eat to the toilet paper we wipe our asses
with. It’s all about politics now.
Death row has changed, in every
conceivable way. No longer is a man able to do his own time and mind
his own business. A new generation has taken over and even so many of
the old timer “convicts” are now nothing more than inmates themselves.
Because of this death row has become hard time as now not only do we
live in a much more deliberately segregated building with only 14 men on
each closed run, but you learn to keep to yourself as the man you call a
friend today will only too quickly backstab you tomorrow. Respect means
nothing in this new generation. And it’s become a much lonelier place.
Watching the World Slip AwayI
see that outside world only through the very limited media I’m allowed…
a small TV, which the powers that be have determines necessary to
prevent against insanity ~ if I were to go insane, then they could not
kill me. A small “walkman” type battery powered radio, that doesn’t pick
up any stations, and a few magazines and newspapers.
In my world
there are no computers, no cell phones, and none of the electronic
conveniences that most people take for granted. In the past 24 years I
have not touched dirt or grass as our small fenced yard is nothing more
than a concrete pad between two wings. I sometimes wonder if the moon
and stars still exist as I haven’t seen the night sky in so many years
it becomes hard to even remember it.
The deprivation of material
those material things that most people simply take for granted out there
in the real world certainly pale in comparison to those things that
really do matter; especially in this world ~ those things that once
separated make it seem that we are helplessly watching the world slowly
slipping away.
It is the nature of prison to alienate a man from
those he loves. For most, with very few exceptions, as the years pass
the few family and friends that once stood by slowly drift away and move
on with their own lives. Through the years I can count on the fingers
of a single hand the number of death row prisoners who have had family
consistently stand by them. Friends tend to drift away even quicker.
That’s
not to say they deliberately abandon those they love at the time they
need them most. I’d like to believe that most of our families and
friends never intended to abandon any of us, but simply moved on and we
became less and less of their lives. I’m personally blessed with a large
family but haven’t had any communication at all with most of them for
many, many years. Life out there in the real world doesn’t come to a
stop just because we are no longer in it and as time takes its toll the
distance becomes greater and before you know it you’re no longer part of
their lives. That’s just the reality of doing time. Accepting that
reality doesn’t make it any easier and many in here do turn cold and
bitter as they’re abandoned by those who mean the most.
Most of us
learn early on not to count on anyone other than ourselves. Contrary to
a popular myth the prison doesn’t provide all our needs ~ at best, it
provides only the absolute minimum and even then does so in such a way
that encourages ~ if not coerces ~ each prisoner to actually purchase
even the basic necessities from the prison store, as with each purchase
the prison makes a substantial profit.
Without a friend or two
outside willing to help prisoners ~ especially those on death row ~ can
become even worse than what might be imagined. At least in general
population most prisoners can work a job and “hustle” for what they need
through a long established barter system. Death row prisoners are not
allowed to work a job and have no means in which to barter ~ our only
means of survival with minimal comfort is through the compassion and
generosity of those who care about us.
As family and friends tend
to drift away we are forced to try and reach out to new friends and
establish new ties with that outside world. But there are many who hold
nothing but malice in their hearts towards prisoners ~ especially death
row prisoners ~ and have exerted political pressure to pass laws that
now prohibit prisoners from placing personal ads that might allow them
to meet new friends, perhaps even a girlfriend who might want to visit.
Florida
is unique in the country in implementing these draconian rules
prohibiting prisoners from attempting to meet new friends and the result
can be seen ~ more and more. Those of us who have been here the longest
are increasingly isolated from the free world; effectively abandoned
and left to die alone. More and more I see strong men break down and
give up, unwilling to have to beg their neighbors for a simple cup of
coffee or bar of soap and slowly retreating into his own world of self
consuming bitterness and anger and a fate far worse than death.
When
it comes down to it, that’s what doing life on death row is really all
about… it’s not about living, but about dying one slow day at a time.
It’s about simply existing in a solitary concrete crypt. Increasingly
isolated from all that really matters, of being methodically deprived of
the most basic elements that make us human ~ companionship, compassion,
and hope, as hope itself is dependent upon a reason to live.
As I
am increasingly isolated from all that matters, that hope and will to
live continues to erode ~ I’m not doing life on death row … I’m simply
waiting to make my death final.
Mike Lambrix
Mike's website: Southern Injustice
Showing posts with label Cary Michael Lambrix. Show all posts
Showing posts with label Cary Michael Lambrix. Show all posts
Friday, June 29, 2018
Monday, December 18, 2017
Christmas in a cage - Death Row Holiday
- Written bij Mike in December 2009 -
Growing up in a large family Christmas was always celebrated in the traditional Norman Rockwell style with many brothers and sisters both older and younger than myself, the excitement and anticipation of Christmas began immediately after Thanksgiving, when dear old dad would pull out all the holiday lights from the cardboard boxes concealed in the attic and spread them out across the floor as us kids would compete with each other to find any burnt out bulbs that needed replacing. Once that task was completed, it would be an honor to hold the long strands of lights as dad balanced precariously on a ladder nailing them along the roof overhangs, then as if by magic seemingly always just at the right moment as darkness began we would all gather to watch as they came to life. In that moment of unified silence the Spirit of Christmas became one with us.
Then would come the tree. Never but never an artificial tree, not in our house. Even in the years when there would barely be enough money for food, there was always a large freshly cut evergreen tree, with the scent of pine filling the room. Boxes of beautiful antique ornaments handed down through the generations would be carefully unwrapped and meticulously placed in just the right spot with rows of tiny flashing multicolored lights accented by a million strands of silver and gold tinsel, almost each strand carefully dropped over the branches by us kids leaving the lower part of the tree with significantly more than the harder to reach upper branches, but no body even complained.
This majestic Christmas tree would always be up no later than the first week of December and then brightly wrapped boxes would begin to appear beneath the tree. That was the Christmas tease that has tormented children through the ages… What could possibly be in these beautiful boxes? Of course, children being children, we would all find a way to ever so very carefully steal a peek in that one of two particular box with our name only to almost without exception discover that the box contained nothing more than clothes. Silly kids – we already knew that only Santa Claus brought the good stuff and that wouldn’t happen until Christmas Eve.
Each Christmas Eve all of us kids would be herded off to bed early and given a stern warning that soon Santa Claus would be near and he’d know for sure if we weren’t sleeping. Of course we couldn’t sleep but each of us in our own way did our very best to pretend to as we each fantasized about what Santa might leave us. The hours would pass slowly – very, very slowly – until the early morning hours when dad would open the bedroom doors, releasing us from our rooms with the excited announcement that Santa had come and we would all rush into the living room and stand in awe at the piles and piles of presents that had been left beneath the tree.
With so many kids all anxious to rip open these gifts, controlling the chaos was the first priority. With the barely contained excitement of a child himself, dad would reign over the distribution of the presents, picking one box at a time and loudly calling off the name of each. In that large circle all our eyes would be gleaming in silent anticipation as we each awaited our name to be called. Then quickly pouncing forward when it was, to claim our gift and retreat behind the lines to rip it open. Soon enough the living room would be overcome with haphazardly discarded boxes and wrappings but nobody seems to really notice.
No matter what each of us received in that moment of time it became our entire world. Of course there would be the obligatory clothes, which were inevitably piled neatly to the side, to be collected later. Although we seldom got the toys we really wanted – apparently Santa Claus had a cash flow problem and couldn’t afford the most popular toys – what we got quickly made us forget about what we thought we wanted and the joy of receiving those gifts overcame any disappointment.
Looking back, I can’t recall even being disappointed at not receiving what I thought I wanted, as what I got always seemed to be even better. That’s why I knew even long after other kids my age gave up that Santa had to be real; dad couldn’t possibly afford all those wonderful presents. Only too many years later did I realize how much he would willingly sacrifice each year to make Christmas special, working long hours at the steel plant and even pawning off his few prized possession as nothing was ever allowed to break the sanctity of Christmas.
Soon after all the gifts were unwrapped we would be forced to set them aside and retreat back into our rooms to dress in our Sunday best then pile in the station wagon for a drive to the Christmas service. Even the thought of resisting this ritual seemed silly – marching into church as a family each Christmas morning was as much a part of Christmas as Christmas itself even of we didn’t fully understand the spiritual implications of Christmas at that time. But even as the priest administered the solemn sermon, already our thoughts were on the fest that would soon follow.
Within a few hours we were home again. The Christmas Spirit filled the house with a joyous mood as Christmas carols played endlessly on the record player and our attention turned from the gifts we already received to plots of pilfering the table piled high with cakes and candies laid out for guests that might drop by. With military precision us kids would band together and recon the living room then slowly sneak our way towards that table and careful not to let our presence be known, our little heads would pop up quickly as our hands reached for that morsel of sweet goodness and then a quick retreat would be made.
As all the dishes of cookies, candies, and cakes would slowly disappear the smell of Christmas dinner would fill the house. Without exception Christmas dinner would be provided with abundance in the traditional style with all the trimmings and the family would gather around the expanded table and eat. This was the one meal when no matter how dysfunctional the family was the rest if the year, we were truly family for that one meal. But then it would too soon be over and that one special day became only a memory.
These memories continue to be my Christmas and have become my ritual. Merle Haggard once sung a song about a man turning 21 in prison doing life without parole. My own ballad would not be that much different. I’ve never had another Christmas since leaving home. At 46 years old, this is now my twenty-sixth Christmas in a cage; the past 23 Christmas’ have been spent condemned to death in a cage on death row.
It is the Christmas of the past that remains my Christmas of the present. Being condemned to death I am not allowed to celebrate Christmas in any traditional sense. In the early years I would anxiously await the Christmas cards from family and friends, then hang each upon my cell wall and share the Spirit of Christmas with the few who chose to remember me. But as the years slowly passed the cards became fewer and fewer, even most of my brothers and sisters have now long forgotten me and given me up as dead. Although I remain blessed by a few special friends who make a point of sharing their Christmas Spirit with me, the friends too slowly drift away and become fewer and fewer.
Many years ago when I first came to death row we were allowed to celebrate Christmas and it was something we looked forward to. Each December we would be allowed to receive two packages from the outside world containing various necessities such as winter clothes, a pair of shoes, cosmetics and toiletries, and even a nice watch or ring. Then the Christmas meal would be traditional style, real turkey with all the trimmings and various pieces of cakes and pies. But then conservative politicians found out about the “special treatment” given to prisoners at holidays and made political careers by campaigning against these things. One by one every holiday privilege was eliminated and out of vindictive malice and spite the Spirit of Christmas was banned from prisons.
Where I once proudly displayed the few cards I’d receive on my otherwise barren grayish beige wall, I am now prohibited from doing so. Up until a few years ago I had a photo of a beautiful Christmas tree I’d tape to my back wall above my sink until one Christmas Eve a guard made an issue of it. I was ordered to remove it, but refused. A few hours later as I was taking a shower that guard went into my cell and removed that picture – ripping it into small pieces then throwing it into my toilet. That one small semblance of Christmas I so cherished was lost forever as that Spirit of Christmas was overcome by malice and spite.
Now each Christmas becomes more depressing as I become even more isolated from that world outside. Too often my thoughts now turn to my own kids and grandkids and wishing I could spend just one Christmas with them. All my own children are now grown, but I can only imagine the joy on my grandson’s face as he anxiously rips open the brightly wrapped box containing the small gift a friend so generously sent in my name.
Then I think of all the others here and in prisons across the country who like me can only think of Christmas’ past, as the Christmas of both present and future no longer even hold the hope of what the true Spirit of Christmas is about. I remain blessed by the few cards I will receive, but know that many others around me won’t get a card at all. There will be no Christmas sweets and treats. There will only be the same cold, barren walls and the sound of silence as each of us retreat into our own dreams of what once was and most likely will never be again.
So, this Christmas I ask you to remember what the true Spirit of Christmas really is as we gather to celebrate the birth of a men condemned to death for our sins, that through His condemnation each of us equally were given the gift of Hope. If those of us who claim to be Christian cannot actually be Christians on Christmas, then when can we be?
What would Jesus do of He were to celebrate Christmas today? I’d like to think that He would reach out to the lowest of the low and share hope with those condemned to death; that in the true Spirit of Christmas, in the true Spirit of Christ. Especially those condemned would not be forgotten.
To both friend and stranger equally the same, I say… Merry Christmas!!!
Michael Lambrix
Growing up in a large family Christmas was always celebrated in the traditional Norman Rockwell style with many brothers and sisters both older and younger than myself, the excitement and anticipation of Christmas began immediately after Thanksgiving, when dear old dad would pull out all the holiday lights from the cardboard boxes concealed in the attic and spread them out across the floor as us kids would compete with each other to find any burnt out bulbs that needed replacing. Once that task was completed, it would be an honor to hold the long strands of lights as dad balanced precariously on a ladder nailing them along the roof overhangs, then as if by magic seemingly always just at the right moment as darkness began we would all gather to watch as they came to life. In that moment of unified silence the Spirit of Christmas became one with us.
Then would come the tree. Never but never an artificial tree, not in our house. Even in the years when there would barely be enough money for food, there was always a large freshly cut evergreen tree, with the scent of pine filling the room. Boxes of beautiful antique ornaments handed down through the generations would be carefully unwrapped and meticulously placed in just the right spot with rows of tiny flashing multicolored lights accented by a million strands of silver and gold tinsel, almost each strand carefully dropped over the branches by us kids leaving the lower part of the tree with significantly more than the harder to reach upper branches, but no body even complained.
This majestic Christmas tree would always be up no later than the first week of December and then brightly wrapped boxes would begin to appear beneath the tree. That was the Christmas tease that has tormented children through the ages… What could possibly be in these beautiful boxes? Of course, children being children, we would all find a way to ever so very carefully steal a peek in that one of two particular box with our name only to almost without exception discover that the box contained nothing more than clothes. Silly kids – we already knew that only Santa Claus brought the good stuff and that wouldn’t happen until Christmas Eve.
Each Christmas Eve all of us kids would be herded off to bed early and given a stern warning that soon Santa Claus would be near and he’d know for sure if we weren’t sleeping. Of course we couldn’t sleep but each of us in our own way did our very best to pretend to as we each fantasized about what Santa might leave us. The hours would pass slowly – very, very slowly – until the early morning hours when dad would open the bedroom doors, releasing us from our rooms with the excited announcement that Santa had come and we would all rush into the living room and stand in awe at the piles and piles of presents that had been left beneath the tree.
With so many kids all anxious to rip open these gifts, controlling the chaos was the first priority. With the barely contained excitement of a child himself, dad would reign over the distribution of the presents, picking one box at a time and loudly calling off the name of each. In that large circle all our eyes would be gleaming in silent anticipation as we each awaited our name to be called. Then quickly pouncing forward when it was, to claim our gift and retreat behind the lines to rip it open. Soon enough the living room would be overcome with haphazardly discarded boxes and wrappings but nobody seems to really notice.
No matter what each of us received in that moment of time it became our entire world. Of course there would be the obligatory clothes, which were inevitably piled neatly to the side, to be collected later. Although we seldom got the toys we really wanted – apparently Santa Claus had a cash flow problem and couldn’t afford the most popular toys – what we got quickly made us forget about what we thought we wanted and the joy of receiving those gifts overcame any disappointment.
Looking back, I can’t recall even being disappointed at not receiving what I thought I wanted, as what I got always seemed to be even better. That’s why I knew even long after other kids my age gave up that Santa had to be real; dad couldn’t possibly afford all those wonderful presents. Only too many years later did I realize how much he would willingly sacrifice each year to make Christmas special, working long hours at the steel plant and even pawning off his few prized possession as nothing was ever allowed to break the sanctity of Christmas.
Soon after all the gifts were unwrapped we would be forced to set them aside and retreat back into our rooms to dress in our Sunday best then pile in the station wagon for a drive to the Christmas service. Even the thought of resisting this ritual seemed silly – marching into church as a family each Christmas morning was as much a part of Christmas as Christmas itself even of we didn’t fully understand the spiritual implications of Christmas at that time. But even as the priest administered the solemn sermon, already our thoughts were on the fest that would soon follow.
Within a few hours we were home again. The Christmas Spirit filled the house with a joyous mood as Christmas carols played endlessly on the record player and our attention turned from the gifts we already received to plots of pilfering the table piled high with cakes and candies laid out for guests that might drop by. With military precision us kids would band together and recon the living room then slowly sneak our way towards that table and careful not to let our presence be known, our little heads would pop up quickly as our hands reached for that morsel of sweet goodness and then a quick retreat would be made.
As all the dishes of cookies, candies, and cakes would slowly disappear the smell of Christmas dinner would fill the house. Without exception Christmas dinner would be provided with abundance in the traditional style with all the trimmings and the family would gather around the expanded table and eat. This was the one meal when no matter how dysfunctional the family was the rest if the year, we were truly family for that one meal. But then it would too soon be over and that one special day became only a memory.
These memories continue to be my Christmas and have become my ritual. Merle Haggard once sung a song about a man turning 21 in prison doing life without parole. My own ballad would not be that much different. I’ve never had another Christmas since leaving home. At 46 years old, this is now my twenty-sixth Christmas in a cage; the past 23 Christmas’ have been spent condemned to death in a cage on death row.
It is the Christmas of the past that remains my Christmas of the present. Being condemned to death I am not allowed to celebrate Christmas in any traditional sense. In the early years I would anxiously await the Christmas cards from family and friends, then hang each upon my cell wall and share the Spirit of Christmas with the few who chose to remember me. But as the years slowly passed the cards became fewer and fewer, even most of my brothers and sisters have now long forgotten me and given me up as dead. Although I remain blessed by a few special friends who make a point of sharing their Christmas Spirit with me, the friends too slowly drift away and become fewer and fewer.
Many years ago when I first came to death row we were allowed to celebrate Christmas and it was something we looked forward to. Each December we would be allowed to receive two packages from the outside world containing various necessities such as winter clothes, a pair of shoes, cosmetics and toiletries, and even a nice watch or ring. Then the Christmas meal would be traditional style, real turkey with all the trimmings and various pieces of cakes and pies. But then conservative politicians found out about the “special treatment” given to prisoners at holidays and made political careers by campaigning against these things. One by one every holiday privilege was eliminated and out of vindictive malice and spite the Spirit of Christmas was banned from prisons.
Where I once proudly displayed the few cards I’d receive on my otherwise barren grayish beige wall, I am now prohibited from doing so. Up until a few years ago I had a photo of a beautiful Christmas tree I’d tape to my back wall above my sink until one Christmas Eve a guard made an issue of it. I was ordered to remove it, but refused. A few hours later as I was taking a shower that guard went into my cell and removed that picture – ripping it into small pieces then throwing it into my toilet. That one small semblance of Christmas I so cherished was lost forever as that Spirit of Christmas was overcome by malice and spite.
Now each Christmas becomes more depressing as I become even more isolated from that world outside. Too often my thoughts now turn to my own kids and grandkids and wishing I could spend just one Christmas with them. All my own children are now grown, but I can only imagine the joy on my grandson’s face as he anxiously rips open the brightly wrapped box containing the small gift a friend so generously sent in my name.
Then I think of all the others here and in prisons across the country who like me can only think of Christmas’ past, as the Christmas of both present and future no longer even hold the hope of what the true Spirit of Christmas is about. I remain blessed by the few cards I will receive, but know that many others around me won’t get a card at all. There will be no Christmas sweets and treats. There will only be the same cold, barren walls and the sound of silence as each of us retreat into our own dreams of what once was and most likely will never be again.
So, this Christmas I ask you to remember what the true Spirit of Christmas really is as we gather to celebrate the birth of a men condemned to death for our sins, that through His condemnation each of us equally were given the gift of Hope. If those of us who claim to be Christian cannot actually be Christians on Christmas, then when can we be?
What would Jesus do of He were to celebrate Christmas today? I’d like to think that He would reach out to the lowest of the low and share hope with those condemned to death; that in the true Spirit of Christmas, in the true Spirit of Christ. Especially those condemned would not be forgotten.
To both friend and stranger equally the same, I say… Merry Christmas!!!
Michael Lambrix
Wednesday, November 22, 2017
Thanksgving with Henry
Mike wrote this blog post November, 2009 - about Thanksgiving on death row and a tribute to his friend Henry Garcia.
Thanksgiving is the traditional American Holiday, the one day of the year when family and friends gather around the table with a feast laid out in abundance and give thanks for the blessings that have been and might yet be endowed upon us. Up until just a few years ago the prison system would recognize Thanksgiving with a special holiday meal of real turkey and all the trimmings, as well as various tasty deserts and we would all look forward to that one meal a year. Weeks and even months ahead of time we would make deals with each other to trade a favorite food such as maybe trade the turkey to someone for their pumpkin pie. Everybody had their favorite food, for me it was the turkey more than anything else.
But in recent years they’ve all but eliminated the traditional Thanksgiving dinner for prisoners. We haven’t seen real turkey in many years now. The prison system will tell you that they still serve us a “holiday meal” but it’s not like it was before and what they do serve now isn’t worth writing home about.
For this reason many of us will plan ahead and make our own holiday feast by saving up what few extra dollars we can and buy foods off the canteen. Both as a means of communion with those we live among, who have become our surrogate family, and to share costs of the purchases. Many of us will plan ahead with our cell neighbors as we must order the necessary items at least a week ahead of the time on order to get them on time.
This year me and Henry decided we would eat good. Henry’s been my cell neighbor for a few years now, and was my neighbor on another wing before that. But for awhile now Henry has been fighting liver cancer. He’s put up a pretty good fight, which is not a surprise as Henry is a natural fighter and never had an easy life. Born in Texas of Mexican descent, he grew up poor and gave in to the lure of an outlaw at a very young age. Through the years Henry did time in some of the worst state and federal prisons in the country back when doing time meant struggling to survive every day. Yet through these hard years Henry remained one hell of a man, and was quick to share his sense of humor and in all the years I’ve known him, not even once did he have a harsh word to say about anyone.
Neither me nor Henry had any reason to expect a visit over the Holiday weekend. Although we both come from large families, through the years our families slowly drifted away and that’s just how it is, and we accept that. So, when it came to planning our Thanksgiving Holiday each of us became the others “family” and we spent countless hours what we would make to have a holiday meal that was different and special.
Last week and the week before we got the packs of tuna and mackerel to make fish steaks, the Ramen soup so we would use the noodles a make a casserole, with more tuna and assorted packs of potato chips for flavor, with a dill pickle on the side. And that was just for the main course.
It wouldn’t be Thanksgiving without a lot of sweets. In past years I would make up a big batch of chocolate treats for everyone on the floor. But between the elimination of many items necessary to make them and substantial increases in the prices of what is now sold, it just is no longer possible. So we pitched in together and bought a Hershey chocolate bar for everyone on the floor so that everyone would at least have a little something.
With meticulous details we planned our meal. In a lot of ways, planning out what we intended to eat was almost as good as the eating itself! First, as an appetizer we would share a box of Ritz crackers, with beef and Jalapeno cheese sticks to go with them. We planned to start at around 10 o’clock that morning, and then around noon we would make up the main course. It would take me a few hours to make the fish steaks, which were a lot like crab cakes, but made with a mixture of tuna fish and mackerel steaks, mixed with crushed Ritz crackers and then seasoned with the spice pack of the Ramen “spicy vegetable soup” and a packet of soy sauce, and a bag of crushed spicy potato chips for flavor. Then coated with a crushed Ritz cracker crust. We would each have two.
The tuna casserole was basically flavored Ramen noodles mixed with tuna fish, a lot of mayonnaise and sweet relish and poured over crushed sour cream onion potato chips, with generous slices of dill pickles.
After having the main course, we planned to each have a Bear-claw pastry for dessert, with a cup of hot chocolate. Although we can only purchase the small envelopes of hot chocolate of the canteen, by adding some coffee creamer and a Hershey chocolate bar, it made a cup of thick hot chocolate which goes really good with the cinnamon and spice bear-claw pastry.
Later in the day we planned for some more sweets and snacks as football would be on TV all day – another Thanksgiving tradition. We had bought a box of Swiss rolls – basically small chocolate covered, crème filled cakes, and we’d make up some big cups of sweet tea to go with it. For later in the day we planned to use up the last big bag of Doritos Nacho Cheese chips I still had, pouring two packs of hot chili with beans over it, then topping it off with numerous packs of melted Jalapeno cheese spread – you just can’t put too much Jalapeno cheese on anything!
Yep, me and Henry planned to eat pretty good this Thanksgiving. Although holidays are meant to spend with family, in here it’s the guys we live around that become our family and we looked forward to sharing it together.
This year Thanksgiving would be on Thursday, November 26. Every year it’s on the last Thursday of November. But for all our meticulous plans it’s always the unexpected that comes along to ruin them.
On Monday our floor had recreation yard and Henry went outside to play volleyball for a few hours. With his health problems, yard usually left him exhausted but he would sleep it off and be ready to go again. Monday was not different and by early afternoon Henry was joking around, as we often do. By dinner he was his usual self, and then we had the thrice weekly showers (Monday, Wednesday and Friday) and nothing seemed out of the ordinary.
After showers the mail comes in and we talked a bit about that it was late on Monday as the guard who normally passes out the mail has the week off. So we didn’t get our mail until around 8.00 PM. Henry said he got one letter, but was concerned as he didn’t hear from his longtime dear friend Liz. I told him that they probably just didn’t pass out all the mail – he’d probably get a letter from her tomorrow.
About an hour later they came around for the nightly “master count” That’s the only time of the day we must each stand up and give our number – not our name, but only our prisoner number as in here that’s all we are – a number. Henry’s cell light was on and he said he was going to write a letter. But when the Sgt got to his cell he found Henry slumped over his table and the end of his bunk and Henry was not responsive. For a few minutes they yelled and banged on his door, assuming he was asleep as that was not uncommon, and the Sgt got on the radio and called for the nurse.
After several minutes Henry responded and awoke, but seemed somewhat out of it and wasn’t able to get up. So the Sgt decoded to send him to the main unit infirmary so they could check him out. This Sgt is a pretty good one and goes the distance to help us out. A few years ago he was working the floor when another guy fell ill and if not for this Sgt quick response in getting this guy out he would have died. Once again, this Sgt (who I am deliberately not naming) was quick to call for medical help.
They brought a wheelchair and Henry got on it and they pulled him out. As he stopped for a moment in front of my cell while they grabbed his photo ID I spoke to Henry and he seemed a bit out of it. But said he’d be right back.
A little while later I caught the Sgt making his rounds and asked how Henry was doing. By that time, he should have been back. The Sgt said that after they pulled Henry out, he started to cough up a lot of blood so they decided to keep him over at the main unit infirmary for the night.
But in the early morning hours just before breakfast the midnight staff came and packed up all of Henry’s belongings. If they expected him right back they would not pack up his property so I knew something was up. Throughout the day I asked others how he was doing and they said he’s not too good and would probably stay over at the main unit infirmary for a few days just to keep an eye on him. But they said they’d save his cell next to me, so I didn’t think much of it.
By Wednesday afternoon those I asked started saying that Henry took a turn for the worse and didn’t look good. Anxiously I squeezed all the information I could from those I knew would know.
Early Thursday morning, Thanksgiving Day, I was told that Henry had died at 2:30 AM, but that he didn’t suffer. I try to tell myself that at least his fight is over and he’s now in a better place and that at least his suffering was not prolonged as only too often it can be with cancer. But somehow it isn’t much of a comfort as he was a good friend and neighbor – he was family.
Just that quickly on Thanksgiving there isn’t much to be thankful for. The plans we made for weeks for our holiday feast now meant little as Henry was gone and so was my own appetite. Instead I spent the day just pacing my floor back and forth, four quick steps to the front then four quick steps to the back, listening to the radio and trying to get my head out of this place.
Then a song came on that made me smile….maybe even a message from Henry to a friend and brother who already greatly misses him. Bob Dylan’s “Knocking on heaven’s door” a song that not so long ago me and Henry sang together. Hearing that song brought tears to my eyes – but I smiled, as just hearing that song, at that particular moment, let me know that Henry’s alright and is now in a better place. Here’s to knocking on Heaven’s door – I will miss you my brother.
Mike Lambrix
Wednesday, October 18, 2017
Letter from a friend of Mike
Wednesday, October 18, 2017
I, too, was lucky enough to have known Mike and was his friend. I fully support the sentiments expressed by the author of Letter from a friend of Mike to Governor Scott, October 9th,2017.
It sickens me that States such as Florida and Texas, among others in the US, can so disregard the fact that the death penalty is an anachronistic, senseless and cruel punishment – and that the US is the only Western country to cling to it.
The death penalty has nothing to do with justice. It is applied in an arbitrary manner, however it happens to suit corrupt law enforcement and Courts for political purposes.
I admired Mike’s courage in calling out the rotten system in Florida for what it is, even though he realized his precarious situation. Executions, a pitiful blight on humanity, will only continue for as long as those who know better, remain silent – a point Mike often made. You may not be concerned, that is, until your friend or relative is murdered by the State.
Why the people of Florida live with the risk of a wrongful conviction, together with possible imposition of the death penalty, is beyond my understanding. This can and does happen: Florida leads the States with 27 Death Row exonerations since 1973. While there is no way of knowing how many wrongful convictions there have been, the high number of exonerations, at least, points to the strong likelihood that innocent people have been executed. I believe that Mike is in this sad category. The outrage that I would expect decent people to feel at such a possibility surely is enough to end this horror.
In Mike’s memory, I ask you to please become active in ending executions in Florida.
Rest in Peace, Mike.
Heather Land
Saturday, October 14, 2017
Vigil for Mike Lambrix
October 5, 2017 - Vigil in front of Florida State Prison
October 4, 2017 - Gathering in Paris, France where a letter from Mike's family was read, asking the governor for an exceptional clemeny hearing.
Prayer Service During Vigil Florida State Prison
Michael Lambrix Remembered:
Sunday, October 1, 2017
Death Watch Journal — Saturday, September 23, 2017
As I write this I’m now down to less than two weeks to go before my
scheduled execution. Contrary to his past practice of keeping two people
at a time under a live death warrant, Governor Scott has not signed any
new warrants and so I continue to have the entire death watch floor to
myself.
Now that Hurricane Irma has blown through, things are finally getting back to “normal” and my lawyers are able to work on my case. Still, losing that first few weeks on a 34-day death warrant left us with less than three weeks to pull together what needs to be done.
As I previously wrote, though, fortunately we already had four appeals pending in various courts. I remain hopeful that those pending appeals will be met by the courts with favor. This Monday (Sept 25) the U.S. Supreme Court will address my one stronger appeal on the argument that contrary to what the Supreme Court instructed in numerous other cases, the lower federal courts in my case improperly denied any opportunity to address numerous claims that if addressed on their merits would support my innocence.
I’m hoping that at a minimum the Supreme Court will order a summary remand of that case (Lambrix vs Jones), as if they do, then this whole death watch thing will end and my case be sent back to the lower federal courts for full review on the merits of issues that should lead to my exoneration and release.
But I don’t want to get my hopes up. I know only too well that the Supreme Court rarely grants review, much less relief in capital cases. They receive over 10,000 cases each year and of those less than 100 are granted review. The odds are significantly against me and in 34 years of dealing with this, nothing has ever gone my way. The only real surprise is that I wasn’t put to death many years ago.
That does not mean that I’m throwing in the towel. I will continue to fight this fight until I breathe my last breath. I can’t stop the state of Florida from killing me for a crime I didn’t commit. But that doesn’t mean that I won’t do all I can to stop them from doing that.
I wanted to do a hunger strike to protest this injustice, but after 12 days I decided to stop. I could have gone the distance, but it became clear that it was too hard on my family. They were worried, and they’re already going through enough, so when they visited this past Tuesday I let them know that I was ending my hunger strike.
The way I see it, I made my point, as I went 12 days without consuming anything but water. And according to the prison records, I lost 18 pounds. Actually, that was funny as on Thursday (Sept.21) when I hit the two-weeks-until-execution mark, they brought down the dark blue suit the state bought last year to kill me in, just to make sure it still fit. But when I tried the pants on, they fell to the floor. I lost at least two inches from the waist. And the shirt no longer fit either. I thought that was funny.
I was able to see my daughter for two days this past week, thanks to my sister bringing her. Those who know me know that my daughter Jennifer (who is now 38) is mentally disabled due to oxygen deprivation at birth. She is a “forever child” — she will always have the mental capacity of a child (preteen), and doesn’t really understand that within just a few weeks I could be gone. In a way, I’m glad that she doesn’t really get it as I don’t want to see her hurt. But I also worry about who will be there for her once I’m gone.
But hopefully, it won’t come to that. I guess I’m just kind of down on all of this as, although this is not my first time facing execution, this time seems different and I’m not as confident that I will win another stay of execution. I actually do have numerous strong appeals, including those specifically addressing my actual innocence and arguing why they must allow DNA testing.
The problem is that the courts are openly hostile to anything we file. A few months ago the Florida Supreme Court went so far as to blatantly lie when addressing our request for DNA testing, denying it upon the false finding that DNA testing had already been done — it wasn’t.
Fl Supreme Court
And the federal courts are even worse. The federal judges who control my case are outspoken proponents of the death penalty and have a long history of refusing to grant relief to capital petitioners under any circumstances. They’ve repeatedly lied about the case and there’s no pretense of objectivity or fairness. For that reason, I already know that anything we file in the lower federal courts will be summarily denied.
So all of this ultimately will come down to the U.S. Supreme Court and that won’t be until the very day of my scheduled execution. By that time next week we will have at least five separate appeals before the Supreme Court and they could just throw them all aside and not even look at them.
But my lawyers remain especially hopeful that the Supreme Court will take notice of the one issue addressing the illegally imposed death sentences. There’s no question that I was illegally sentenced to death as the jury votes in my case were not unanimous as they are now required to be.
The Florida Supreme Court recognized that I and all others who had a less than unanimous jury vote for death were illegally sentenced. But the FSC decided that they would only grant relief to those illegally sentenced after June 2002 — and that, because it would be too burdensome to grant relief to everyone, those sentenced prior to 2002 would not be granted relief.
This unprecedented “partial retroactivity” has created a big issue that most legal experts feel the U.S. Supreme Court will find unconstitutionally “arbitrary” and fundamentally unfair. The problem, however, is that it could take years before the Supreme Court decides they are ready to address the issue, and by then, I and many others will be long dead.
All we can do is wait and see. All of this is actually so much harder on my family and friends — they too must deal with the uncertainty of my fate, and I worry about those closest to me.
But at the same time, I know how blessed I am. There’s so many out there doing all they can to try to stop this machinery of death. Already, Governor Scott has received more signatures protesting my intended execution than any other, but even if God himself tried to plead with Governor Scott, it would fall on deaf ears as the only thing Governor Scott cares about is his campaign for a seat in the U.S. Senate in 2018, and executions win elections.
I am disappointed that the media has not shown any interest in the evidence substantiating my innocence. The death penalty is no longer a story to the media… apathy proves deadly.
But I’m doing alright and I thank those who sent me cards of prayer and support. All we can do is stay strong and keep the faith.
Now that Hurricane Irma has blown through, things are finally getting back to “normal” and my lawyers are able to work on my case. Still, losing that first few weeks on a 34-day death warrant left us with less than three weeks to pull together what needs to be done.
As I previously wrote, though, fortunately we already had four appeals pending in various courts. I remain hopeful that those pending appeals will be met by the courts with favor. This Monday (Sept 25) the U.S. Supreme Court will address my one stronger appeal on the argument that contrary to what the Supreme Court instructed in numerous other cases, the lower federal courts in my case improperly denied any opportunity to address numerous claims that if addressed on their merits would support my innocence.
I’m hoping that at a minimum the Supreme Court will order a summary remand of that case (Lambrix vs Jones), as if they do, then this whole death watch thing will end and my case be sent back to the lower federal courts for full review on the merits of issues that should lead to my exoneration and release.
But I don’t want to get my hopes up. I know only too well that the Supreme Court rarely grants review, much less relief in capital cases. They receive over 10,000 cases each year and of those less than 100 are granted review. The odds are significantly against me and in 34 years of dealing with this, nothing has ever gone my way. The only real surprise is that I wasn’t put to death many years ago.
That does not mean that I’m throwing in the towel. I will continue to fight this fight until I breathe my last breath. I can’t stop the state of Florida from killing me for a crime I didn’t commit. But that doesn’t mean that I won’t do all I can to stop them from doing that.
I wanted to do a hunger strike to protest this injustice, but after 12 days I decided to stop. I could have gone the distance, but it became clear that it was too hard on my family. They were worried, and they’re already going through enough, so when they visited this past Tuesday I let them know that I was ending my hunger strike.
The way I see it, I made my point, as I went 12 days without consuming anything but water. And according to the prison records, I lost 18 pounds. Actually, that was funny as on Thursday (Sept.21) when I hit the two-weeks-until-execution mark, they brought down the dark blue suit the state bought last year to kill me in, just to make sure it still fit. But when I tried the pants on, they fell to the floor. I lost at least two inches from the waist. And the shirt no longer fit either. I thought that was funny.
I was able to see my daughter for two days this past week, thanks to my sister bringing her. Those who know me know that my daughter Jennifer (who is now 38) is mentally disabled due to oxygen deprivation at birth. She is a “forever child” — she will always have the mental capacity of a child (preteen), and doesn’t really understand that within just a few weeks I could be gone. In a way, I’m glad that she doesn’t really get it as I don’t want to see her hurt. But I also worry about who will be there for her once I’m gone.
But hopefully, it won’t come to that. I guess I’m just kind of down on all of this as, although this is not my first time facing execution, this time seems different and I’m not as confident that I will win another stay of execution. I actually do have numerous strong appeals, including those specifically addressing my actual innocence and arguing why they must allow DNA testing.
The problem is that the courts are openly hostile to anything we file. A few months ago the Florida Supreme Court went so far as to blatantly lie when addressing our request for DNA testing, denying it upon the false finding that DNA testing had already been done — it wasn’t.
Fl Supreme Court
And the federal courts are even worse. The federal judges who control my case are outspoken proponents of the death penalty and have a long history of refusing to grant relief to capital petitioners under any circumstances. They’ve repeatedly lied about the case and there’s no pretense of objectivity or fairness. For that reason, I already know that anything we file in the lower federal courts will be summarily denied.
So all of this ultimately will come down to the U.S. Supreme Court and that won’t be until the very day of my scheduled execution. By that time next week we will have at least five separate appeals before the Supreme Court and they could just throw them all aside and not even look at them.
But my lawyers remain especially hopeful that the Supreme Court will take notice of the one issue addressing the illegally imposed death sentences. There’s no question that I was illegally sentenced to death as the jury votes in my case were not unanimous as they are now required to be.
The Florida Supreme Court recognized that I and all others who had a less than unanimous jury vote for death were illegally sentenced. But the FSC decided that they would only grant relief to those illegally sentenced after June 2002 — and that, because it would be too burdensome to grant relief to everyone, those sentenced prior to 2002 would not be granted relief.
This unprecedented “partial retroactivity” has created a big issue that most legal experts feel the U.S. Supreme Court will find unconstitutionally “arbitrary” and fundamentally unfair. The problem, however, is that it could take years before the Supreme Court decides they are ready to address the issue, and by then, I and many others will be long dead.
All we can do is wait and see. All of this is actually so much harder on my family and friends — they too must deal with the uncertainty of my fate, and I worry about those closest to me.
But at the same time, I know how blessed I am. There’s so many out there doing all they can to try to stop this machinery of death. Already, Governor Scott has received more signatures protesting my intended execution than any other, but even if God himself tried to plead with Governor Scott, it would fall on deaf ears as the only thing Governor Scott cares about is his campaign for a seat in the U.S. Senate in 2018, and executions win elections.
I am disappointed that the media has not shown any interest in the evidence substantiating my innocence. The death penalty is no longer a story to the media… apathy proves deadly.
But I’m doing alright and I thank those who sent me cards of prayer and support. All we can do is stay strong and keep the faith.
Tuesday, September 12, 2017
Death Watch Journal (Execution Rescheduled)
On Friday, September 01, 2017, Florida governor Rick Scott decided that it was time kill me again and signed an order rescheduling my previously “stayed” execution for Thursday October 5, 2017. That gave me about 35 days to live. By that afternoon I was pulled (not forcibly) from my regular death row cell on “G-wing” and escorted up to the front of the prison and brought to an office where FSP warden Barry Reddish then read the governor’s order to me and then it was back down that long main corridor to the very end of the prison where the heavy steel door leads on to “Q-wing.”
The bottom floor of Q-wing is Florida’s execution chamber as well as the 3 cells that house the condemned prisoners while on “death watch.” Since they just put Mark Asay to death last week (August 24) I was the only prisoner down here and was placed in “cell one” (see Cell 1— PBS documentary, featuring myself), to once again slowly count down what the state of Florida intends to be my last days in this life.
The question now is where do we go from here? I must first accept the reality that especially since current governor Rick Scott began his unprecedented campaign to kill as many prisoners as he could — he’s running for the U.S. Senate and in these southern states nothing wins more votes than a good old fashioned lynching — not even one person he’s targeted for execution has survived.
That’s just the reality of it and so going into this I must accept that the odds are stacked against me. By confronting and accepting that truth, I can at least come to terms with it.
But with that said, my lawyers seem somewhat confident that at the very least we have a good chance of having the courts put a stop to all this on the one big issue of whether Florida can continue to execute those who have been illegally sentenced to death. This is generally referred to as the “Hurst” issue and it is what the Florida Supreme Court ordered a stay of execution on in my case only last year when I was originally scheduled for execution on February 11, 2016.
This issue comes from the January 2016 decision by the U.S. Supreme Court in Hurst v Florida in which by a rare super majority (8 to 1 vote) the Supreme Court recognized that the way Florida was sentencing prisoners to death by allowing the judge to determine the sentence was illegal, as under the Constitution any such sentence has to be determined by a jury.
In the aftermath of the Hurst v Florida decision, Florida change the laws on the death penalty., now not only requiring that the jury determine the sentence (life or death) but that it must do so by a unanimous vote (12 to 0) instead of the simple majority previously required.
However, in Mark Asay v State of Florida, the Florida Supreme Court decided that they would allow this substantial change of law to be retroactively applied only as far back as 2002. Specifically, the Court decided by a marginal majority that those illegally sentenced to death after June 2002 would have their sentences thrown out, but those illegally sentenced before June 2002 would not. This “partial retroactivity” rule is unprecedented and as the lawyers are arguing, creates an arbitrary process that is itself unconstitutional.
- Photo by Rune Eraker -
This issue was not resolved in Mark Asay’s case as he didn’t want his lawyers to pursue it. Although they did superficially present this “partial retroactivity” to the court, it was not fully addressed. My case will now be the first one to fully address this issue, but it is expected that the Florida Supreme Court will be very unreceptive to the issue — after all, they are the ones that created this absurd rule. For that reason, it’s far more likely that if it is fully addressed, it will be by the U.S. Supreme Court, and we won’t know if they will grant review until only shortly before the scheduled execution.
While that issue appears to be what the lawyers will undoubtedly focus on I do have at least 3 other appeals already pending in the courts, which focus on my consistently pled claim of actual innocence.
As those already familiar with my case know (see www.southerninjustice.net) I have maintained my innocence in this wholly circumstantial case (i.e, no eye witnesses, no physical or forensic evidence, no confessions, etc.) and there is a virtual wealth of readily available evidence, including including DNA evidence — that supports my claim of innocence, but the courts have refused to allow this evidence to be heard because they say that my lawyers failed to present it in my original “post conviction” appeal.
Before Governor Scott signed the order rescheduling my execution, my lawyers filed a comprehensive “Petition For Writ of Habeas Corpus” in the Florida Supreme Court; (see Cary Michael Lambrix v Julie Jones, Case No. SC17-5153) that fully summarizes how the collective evidence does establish my actual innocence and that I am entitled to have this evidence heard before they kill me. Also, in this original “actual innocence” habeas, my lawyers challenge the Florida Supreme Court’s earlier denial of our request for DNA testing — the Court stated that DNA testing was already done, but that simply is not true and our argument is that the courts cannot deny in a case presenting a claim of actual innocence, on clearly false pretenses.
Additionally, I have two separate appeals still pending before the U.S. Supreme Court, both arguing why I was wrongfully convicted. In Cary Michael Lambrix v Julie Jones, we argue that the federal court’s refusal to allow the evidence establishing my actual innocence heard violates established federal law. If the U.S. Supreme Court grants review of that case, not only would it probably lead to my own exoneration and release, but it would open the door to forcing the Florida federal courts to allow other cases to be heard.
Last, in the other case already pending before the U.S. Supreme Court, Cary Michael Lambrix v State of Florida, case17-5539 we argue that the Florida Supreme Court violated its own rules by denying me a new trial on the issue based on irrefutable evidence that my appointed public defender that represented me at trial was secretly acting as a witness against me to the FBI, and that under long-established federal law this undisclosed “conflict of interest” requires the court to throw out my convictions and order a new trial.
Bottom line is that I do have numerous strong appeals already pending and several more that haven’t been filed yet. Legally, I’m in a better position now than I have been in many years. But we also know that one of the reasons that Governor Scott hand picks which cases he will sign a death warrant on is because he is deliberately stacking the deck — he knows that once you’re “under warrant” the politics of Trump justice and the courts are significantly less receptive to anything you file - even becoming openly hostile. That’s why nobody has survived a death warrant under Governor Scott — I’m the only one still alive.
I don’t know how this will play out. I don’t have any confidence in our legal system as it has long been corrupted by the “politics of death,” and proven itself only too willing to sacrifice the innocent. But I am blessed with my friends who will advocate my case the best that they can…. politics work both ways. Maybe with their help we can turn the politics of death to our advantage. Maybe.
Read Mike's moving essay written for his sister Why the Butterflies Must Die at MinutesBeforeSix
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