Death Watch Journal (Part 36)

Chances are very likely that by the time this is posted, I will be back down on "death watch", once again counting down the final days before my scheduled execution. As those who read this blog regularly already know, on November 30, 2015 Florida governor Rick Scott signed an active death warrant against me, scheduling my execution for February 11, 2016.

But on February 2, 2016 the Florida Supreme Court entered a "temporary" stay of execution so that they could consider whether the US Supreme Court decision issued in January 2016 in Hurst v Florida had any impact on the legality of my own case.

The court issued an opinion on march 8, 2017, rejecting all issues raised. My lawyers filed a Motion for rehearing, arguing that the court made numerous significant factual errors that required rehearing. But on May 10 denied any further review and formally lifted my previously stay of execution. this means that at anytime now the governor can reschedule my execution, and he most likely will do so towards the end of the month.

However, this doesn't mean that I'm out of appeals, as there still are numerous appeals yet to be filed in the near future. But since the death penalty is more about the politics of death than the administration of justice, the state of Florida will try to stack the deck against me by rescheduling my execution before my lawyers can prepare and file these next appeals as the state knows that the politically corrupt courts are especially hostile towards any appeals that are filed while under active death warrant.

Specifically, the Florida Supreme Court's recent denial of relief will now be challenged in several ways. first, we will ask the US Supreme Court to review the Florida court ruling. And we do have a few strong points - most especially, the Florida Supreme Court denied the request for DNA testing that could substantiate mt consistently plead claim of innocence.

Let me say this..most people who read about what courts do assume that those on the courts possess a measure of moral integrity that compels the courts to at least tell the truth, especially when they are deciding whether to take someone's life.

                                                                       

But once again my case (and many others) illustrates the complete absence of integrity by our courts - I ask you this...how can justice ever hope to prevail when truth becomes irrelevant?

For years now my lawyers have repeatedly sought DNA testing of evidence that could prove my claim of innocence. At first, the state claimed that there was no evidence to be tested, but when that proved to be a lie, they switched to argue that since no blood was found on the evidence, no DNA could possibly exist. Of course, that's not true, as skin cells also have DNA, especially if embedded in fabric, which is exactly what we argued.

Unable to get around this inconvenient truth, the Florida Supreme Court decided to just create their own lie - in the March 8, 2017 ruling, for the first time the court declared that DNA testing had already been done, which is absolutely not true. And my lawyers filed a motion for rehearing, arguing that they made a material mistake, as no such DNA testing has ever been done. But even when a person's life is at stake, the Florida Supreme Court refused to correct this - they would rather kill a person on a lie they created than admit they were wrong.

So, now we will appeal their ruling to the Federal courts and hope that they will have the integrity to intervene when they see that the Florida Supreme Court's decision is based on an undeniable false finding.

My lawyers will also be pursuing an appeal to the US Supreme Court challenging the March 15, 2017 denial of my actual innocence appeals. Again, to deny relief, the lower federal court (a judge known for his extreme pro-death penalty stance) simply lied to deny relief and the ends justify the means.

In that case, my lawyers presented numerous specifically plead claims of substantial evidence that have never been addressed by any state or federal court because my original "initial-review" lawyer failed to present them to the court, resulting in these claims (and evidence) substantiating my innocence being procedurally barred. But in 2017 the US Supreme Court announced a new rule of law that for the first time allowed procedurally barred claims to be raised heard by the federal court providing the petitioner can establish that the failure to be heard upon them would result in a manifest injustice.

But the Florida courts controlling Florida are comprised mostly of pro-death penalty conservatives and they use their control to block all death sentenced petitioners from being heard, and often they will deliberately lie to deny relief.

In my case, the judge declared that all my claims were previously addressed on the merits - which is absolutely not true. And not surprisingly, the Federal Court could not identify any prior court ruling that addressed these issues substantiating my innocence.

So, within the very near future we will appeal that to the Supreme Court, asking them to overturn the lower Federal Court's "clearly erroneous and objectively unreasonable" decision (based on the judge's deliberate lie).

Bottom line is that there are still numerous appeals we will yet pursue. But the state of Florida will stack the deck by scheduling my execution within the near future, and even though I do still have reason to hope that justice will prevail, I cannot have any faith in a judicial process governed by judges who repeatedly fabricate lies to deny relief and since they are the only ones who can overcome their own lies, truth can never hope to prevail.

Because most people are generally good people and try to do whats right, they need to believe that those we place in power to administer justice are moral and ethical. I don't think many people would support a legal system that is governed by judges who will lie to justify killing even one innocent person. But it's so much easier to ignore the truth than to lose faith in who we are as a society.

I may not be able to stop this corrupt system from killing me for a crime I'm innocent of, but I know this...I will fight this fight until I breathe my last breath.

Death Watch Journal (part 29)

Written March 12, 2017

Breaking News! On Thursday March 9, the Florida Supreme Court denied my long pending appeal and specifically lifted the previous “stay of execution,” effectively setting the stage for Governor Rick Scott to reschedule my execution within the near future.

As most reading this already know, all executions in Florida have been on hold since the state supreme court granted me a stay of execution on February 2, 2016 to consider whether the US Supreme Court’s January 2016 decision in Hurst v Florida applied to all previously imposed death sentence, such as mine.

Subsequently, in December 2016, the Florida court issued a decision in Mark Asay v State in which the court recognized that in light of the Hurst v Florida decision there was no question that anyone who was condemned to death by less than a unanimous jury vote was unconstitutionally sentenced.

However, in Asay v State, and its companion case of John Mosley v State, a marginal majority of the court ruled that they would only grant relief from illegally imposed death sentences to those whose sentences were imposed and final, after June 2002 (when the US Supreme Court issued its earlier decision that formed the foundation for the Hurst v Florida decision).

That meant that those illegally sentenced after 2002 would have their death sentences thrown out, but those whose sentences were “final” on their first direct appeal prior to June 2002 would not get relief.

Many in the media and elsewhere have since publicly questioned this finding, arguing that it is fundamentally unfair and makes no sense. That the court would recognize that the death sentences were unquestionably illegal, but that it would allow those sentenced prior to 2002 to be executed, while those sentenced after 2002 would be granted relief.

                                                                 

This point will undoubtedly be argued before the US Supreme Court. What must be emphasized is that what the Florida court did in arbitrarily cutting off retroactive relief at 2002 is clearly unprecedented. No other court has ever held that once a substantive new rule of law entitles to retroactive relief, they would only apply it so some, but not to others. A new rule of law is either retroactive or it is not.

The question now is whether the Supreme Court will accept review of this issue quickly. The Court accepts very few cases each year - and whether or not they accept a review is completely within their own discretion.

For this reason, it took 14 years (and 47 illegal executions) before the Court finally agreed to review a case that argued that under Ring v Arizona (2002) those sentenced to death were entitled to relief. When the Court did finally grant review in Hurst v Florida, they all but unanimously agree that Florida was illegally sentencing all of us to death.

It’s all but certain that the Court will eventually accept review of the recent Florida Supreme Court ruling of partial retroactivity — but it could take another 14 years and many more executions, and by that time I may be long dead.

In the recent decision denying my appeal and lifting the stay of execution, the Florida court did grant leave to file a motion for rehearing, so within 15 days (no later than March 24) my lawyers will file a Motion for Rehearing challenging this ruling, but it will almost certainly be denied within a matter of days, and I expect that the governor will most likely reschedule my execution before the end of this month. When that is done, the date will probably be set for some time around the end of April.

However, let me emphasize that although this Hurst issue has been getting all the attention, this is not the only legal issue being pursued in my case, and I do have other appeals pending. In the decision denying me relief they also (again) denied my request for DNA testing of evidence that would support my claim of actual innocence. This denial will be pursued further.

Additionally, separate from this state court appeal, in 2015 my lawyers filed a comprehensive appeal in the federal courts arguing that I am constitutionally entitled to have full review of the readily available evidence sustaining my actual innocence and that appeal remains pending before the Federal Court of Appeals (Lambrix v Secretary, Dept of Corrections, Eleventh Circuit case no. 16-10251).

Recently, the Supreme Court issued a decision in a Texas Capital case (Buck v Davis) that provides strong support for my claim of entitlement to full federal court reviews of my substantiated innocence claim and I remain hopeful that, based on the case, my federal appeal will not be formally re-opened, and fully reviewed. If this is done, I am confident that my convictions will be thrown out and I will be legally exonerated.

Because lawyers who represented me many years ago did not “timely” present my substantiated claim of innocence to the state courts in my original post-conviction appeal (in 1988), under politically manufactures rules designed to speed up executions, all evidence substantiating my innocence has been “procedurally barred” from review before both the state and federal courts. But the 2012 USSC case of Martinez v Ryan opened the door to finally overcome that procedural bar and have my innocence claim heard.

But the federal courts in Florida and Texas have categorically refused to allow death sentenced prisoners to reopen their federal appeals under this 2012 Martinez rule. The recent USSC ruling in Buck v Davis should now force these pro death penalty judges who control the Florida federal courts to now reopen my case and allow the evidence substantiating my innocence to be heard — at least I hope so.

But for now, I’m going to have to dance with death again, soon.

Death Watch Journal (Part 26)

I remember a cartoon I was read years ago. In the first frame it depicted a desert scene with a large cactus in the forefront and on the arm of that cactus were two vultures — the larger one presumably was the parent while the much smaller one was the younger child. But intently stared off into the distance. Across that great expanse of endless sand dunes and off in the distance there was what appeared to be a small dot with a puff of dust rising above it. The second frame showed the same scene, only now the small dot was much closer, and it could be seen as a man desperately crawling across the scorching, barren death, obviously on the brink of death, but stubbornly refusing to give up hope as he clawed his way forward. Both vultures sat silently, just watching as the man drew closer and closer. The third frame showed the man now almost immediately in front of the cactus, looking up towards the vultures with a look of desperation as the younger vulture began to jump up and down, all but screaming, “Can we get him now?” and the larger vulture calmly patted him on the shoulder, “Patience, Son, patience.” The fourth and final frame showed the man now crawling past and away from the vultures, a slight smile of hope and defiance as he seemingly escaped his inevitable fate. Now the younger vulture looked at his father with a look of malice and intent in his beady little eyes, and exclaimed, “Patience, my ass — let’s just kill the bastard!”

Well, the vultures are circling again and with each pass they draw just a bit closer, and I am that man desperately crawling across that barren desert. This time last year I was facing relatively certain imminent execution despite my innocence and had already ordered my last meal and been measured for the suit the state so generously bought for no other reason but to kill me in.

Then the Florida Supreme Court granted a “temporary” stay of execution and on February 9, only two days before my scheduled execution — I was removed from the death watch housing area and placed back on the regular wing housing death row at Florida State Prison, where I remain today.

Over the past year the state courts struggled with the question of whether the January 2016 U.S. Supreme Court case of Hurst v Florida would require all illegally imposed sentences of death to be thrown out. Until that issue was resolved, my stay of execution would remain in effect. As the months passed, numerous rulings gave us the hope that the Florida Supreme Court would do the right thing and rise above the only too common corruption of the Politics of Death.

When the Florida Supreme Court issued its own decision in October, 2016, in Hurst v State, in which the majority of the Court not only recognized that consistent with what the U.S. Supreme Court plainly stated in Hurst v Florida, the manner in which Florida imposed death sentences — all death sentences since 1974 — was unconstitutional, but went a step further to also add that the previously existing process violated even greater protections afforded under the Florida constitution  and that such illegally imposed death sentences amounted to the unconstitutional infliction of “cruel and unusual punishment,” we thought for sure the court would now throw out all these illegally imposed sentences of death.

As reflected in my previous blog posts, after that October 2016 decision in Hurst — and others that closely followed — it appeared that the Florida Supreme Court was going to do the right thing and upon recognizing that all death sentences were illegally imposed, retroactively apply Hurst and effectively vacate all Florida death sentences. It seemed that was the only logical conclusion.

But on December 23, 2016, perhaps reflecting the malice in their hearts by releasing these decisions just before Christmas, the Court issued its decisions in Mark Asay v State of Florida and John Mosley v. State of Florida in which any hope of having all death sentences vacated was quickly dispelled.

In Mosley, the Court concluded that there was no question that the U.S. Supreme Court opinion in Hurst v Florida made it clear that they were wrong when they previously decided that the 2002 case of Ring v Arizona did not apply to Florida’s cases. Of course, the FSC made no mention of the fact that since they were wrong in the 2002 case of Leroy Bottosin and Amos King, they had allowed 47 men (no women) to be put to death based upon which is now recognized as their own clear error.

The FSC then went on to recognize that since John Mosley was sentenced to death after that 2002 USSC decision of Ring v Arizona, fundamental fairness entitled him to relief from that illegally imposed death sentence, and the Court ordered his death sentence vacated, and a new sentencing.

This is called “retroactive application” of new law, which allows more recent substantial court rulings to be applied to older cases. Which brings us to what the Court then did in the Mark Asay case. It must be emphasized that in all the state and federal cases previously addressed on the issue of retroactive application, no court has ever adopted a “partial retroactive application” rule of law… until now.

In the Mark Asay case, a marginal majority of the Court first recognized that like John Mosley and all others, it was beyond dispute that Mark Asay was illegally sentenced to death. But then the Court departed from convention and decided that because Asay’s sentence was originally affirmed prior to 2002 (before Ring v Arizona), they would allow his sentence to stand. To justify this decision, the Court said that granting Asay (and all others whose death sentences were affirmed prior to 2002) relief under Hurst would burden the courts and inconvenience the state. It would be easier on the state to go ahead and kill them all even if their death sentences were illegally imposed.

Asay’s lawyers quickly filed a “Motion for Rehearing” in which they argued that arbitrarily granting relief to post-2002 cases while denying it to pre-2002 cases violated numerous constitutional provisions that govern fundament fairness and prohibit arbitrary punishments. But this decision had little to do with principles of law, or doing what was fair or morally right (obviously, if someone was illegally sentenced to death, they should not be put to death). Rather, once again it is about politics — not administering justice down here in the Deep South. Executions win elections, and the end justify the means even if it means illegally executing people.

On February 1, 2017 the Florida Supreme Court summarily denied an reconsideration and lifted the previously granted stay of execution. Any day now, Mark Asay will have his execution rescheduled, and I expect that it won’t be long before I again join him down there on death watch. Although the Court has not issued a ruling in my case, as least as far as this one issue is concerned, it’s clear that the Court will soon rule against me and life my own stay of execution. I do have other appeals pending that focus on my consistently maintained innocence, but whether the courts will address those innocence claims remains to be seen. And I know without any doubt that the courts have allowed innocent people to be put to death in the past, so I guess will soon enough see.

Stay of Execution

As that first week of February began, the days to my scheduled execution were down to less than ten. I focused on separating all my property, which in truth wasn’t much and most was pretty much trash to anyone but me, but it had to be done as I knew that on Thursday February 4th I would move to the next phase of the death watch protocol.

What that meant is that I only had until February 4th to go through my personal property and decide who would get what, My Bible, watch, and other personal things would go to my son, and my mp3 player to my sister Mary. While my small television ad fan would would go to my older sister Debbie. The boxes of personal papers and legal work would be picked up by my friend who would sort all that out. And I would throw away a lot of trash that piled up over the years.

I spent the better part of Monday sorting through that and with each decision I made it brought the reality that I would soon die that much closer. But it had to be done and trying to ignore the obvious wouldn’t make it go away.

On Tuesday morning February 2nd the Florida Supreme Court would hold oral arguments on my case, but I wouldn’t be able to see them. Instead, at that same time I had a visit with my sisters Debbie, Mary, and Janet. Although Debbie and Mary have visited many times through the years, that was the first time my sister Janet had visited in the past 32 years. The last time I had seen her was in the courtroom where I was convicted and sentenced to death.

It was a great visit and all those years that passed, quickly faded away and it was as if we had just talked last week. That’s family. Years can pass without having any communication and just that quick we are talking as if no time had passed at all. Before we knew it, the few hours allowed for that visit passed and we had to say our goodbyes. At the time of that visit, they all expected that within a few days I would be put to death. That made saying goodbye that much harder.

Immediately after that visit with my sisters, my lawyer and the investigator assigned to my case stopped by for a visit as they wanted to tell me how the “oral arguments” on my case went earlier that morning and they told me that they went well, but that nobody could predict what the Florida Supreme Court might do when they ruled, nor even how long it would take for the Court to rule. With my execution scheduled for that following week, we expected a decision within days.

Just after 4 pm my lawyer left and after locking down the entire prison as is protocol for “death watch movement,” I was escorted back up that long main hall slowly shuffling along in the leg shackles and handcuffs and chains until we reached the very last door leading into Q wing, and then down the stairs and back to my death watch cell.

Within moments the phone on the desk in of the cell rang and the sergeant answered it… it was Warden Palmer and he wanted to talk to me. Not knowing what to expect ~ not too often any inmate gets a phone call from the warden ~ I reluctantly said, “hello?” and after that brief exchange of irrelevant formalities, Warden Palmer then informed me that the Florida Supreme Court just ordered my scheduled execution postponed to some as yet undetermined time in the future, allowing the Court time to reach its decision on the applicability of the U.S. Supreme Court’s decision in that Hurst v Florida case.

But I would remain on death watch as a temporary stay meant that at any given time the Florida Supreme Court could lift the stay of execution and proceed to carry out the execution.

Although it is unlikely that they would lift the stay before the originally scheduled date, it remains a possibility. If the court ordered stay remains in effect beyond Friday February 12th, then an execution would not be authorized until the Governor signs a new order of execution.  Under Florida Statute 922.06(2) once the Florida Supreme Court lifts this stay of execution then Florida’s Attorney General must certify that the stay of execution has been lifted and only then is the Governor statutorily required to set another execution date.

Bottom line, it’s almost certain that the Florida Supreme Court will not lift this stay of execution before February 12th, and so although I technically remain on death watch, I would not have any date set for execution.

That uncertainty of imminent death will continue to hang over me as there is no way to know how the Florida Supreme Court will ultimately rule. Within weeks I could go from being steps away from that execution chamber that now patiently continues to wait for me ~ or they could rule in my favor and just that quickly my sentence would be reduced to “life.” Under Florida law since my capital conviction was before 1995, that life sentence would mean that I would not be eligible for parole for at least 25 years (as of March, 1983) so technically I would be eligible for parole in March 2008 ~ 8 years ago. But parole is totally discretionary and Florida rarely ever grants parole to any prisoner previously sentenced to death. I have no realistic expectation of parole. Still, it would be theoretically possible.

If the Florida Supreme Court rules against me, then my execution will be rescheduled. Most likely within a matter of weeks. My other appeals continue to be pursued and they too provide that hope that relief will be granted. Perhaps the courts will yet allow me the opportunity to be heard on the readily available evidence substantiating my innocence and this will be the year that I am finally exonerated and win my freedom ~ finally pursue my long held dream of to travel from coast to coast, visiting the National Parks, watching the sun set over the Pacific Ocean and falling asleep beneath the stars at night.

For those that don’t already know, on January 30 the Sarasota Herald newspaper did a long article about me and my case titled “His Plea for Life at Florida’s Highest Court” and on February 9th a media interview was done with Politico that should also be televised and available online in coming weeks.

I would again thank all those for the cards and letters of support. The truth is that my primary source of strength through this have been those cards and letters, as well as the family visits I’ve received. I know that in many ways all of this is so much harder on those that care about me than it is even on me, myself. I remain truly blessed by all those who so selflessly reach out to me during these past weeks.

And then there’s friends that do so much to help and the phone calls, visits, and photos of my children and the smiling faces of my grandchildren, too.. Even as I feel all but crushed beneath the overwhelming weight of this process that virtually stalks my death, I find comfort in knowing that so many care and continue to hold me in their thoughts and prayers.

Last, a special word of thanks to whoever sent me that book “From the Depths of a Slaughter” by Angela Pomeranz. I personally knew both Timebomb and Bo, and their memories made me smile. Thank you.

Letter from Death Watch (part 8)

Another week already gone, and as I write this today there’s less than two weeks to go before my scheduled execution. It’s been a relatively quiet week and I smiled when the thought of “the calm before the storm” comes to mind, as I know that as we move into that final stretch it will pick up.

On Thursday they will elevate me to the next phase. Since my death warrant was signed on November 30, I’ve been on “phase II” but per protocol once I reach that last seven days prior to execution; things change. Right now I’m allowed to keep all my property in my cell and it’s not much different that regular death row confinement beyond the fact that the death watch cell is significantly larger.

Once I graduate to the next phase (phase I) they will remove all my property from my cell and post an officer just outside my cell 24 hours a day, 7 days a week. He will have a forest green “death watch log” and record my every movement. This is similar to “suicide watch” and its sole purpose is to make sure that the condemned prisoner doesn’t deprive the state out of its intended execution by committing suicide. Once I graduate to the next stage even my lawyers will no longer be allowed regular visits in the death watch interview room, but will only be allowed to see me in the non-contact visitation area through glass. This ensures that even the lawyers cannot pass anything to the condemned prisoner.

It’s all about the methodical process designed to force the condemned to become a willing participant in his or her murder. I know from their perspective, this process is meticulously tuned to ensure that the intended execution goes by the book without unexpected interruption

But more so than anything else, what bothers me the most about this whole process is just how incredibly cold and calculated it is, as if those responsible have completely forgotten that they are taking a human life. It really is nothing less than the “machinery of death.” And I really do have to wonder just how much of their own humanity those responsible for carrying out this act of taking a human life must abandon as nothing about this process is “normal.”

Maybe that’s exactly the point… maybe they need this process themselves so that they can detach from the reality that they are killing a fellow human being. Maybe by becoming so fixated on each minute detail, it provides them that luxury of pushing aside the reality that they are killing another person.

                                                     

I suppose if that’s true, then it helps that most of those who are assigned to assist in this execution ritual have done it many times. One officer recently told me that he’s been down here for at least the last 25 executions. At some point, it probably gets easier. At some point they probably don’t even lose any sleep over it… it’s just a job. And that’s kind of scary.

At least I accomplished one small thing this week. In January this year when they killed Oscar Bolin as I was forced to remain in my death watch cell only feet away, I found out that they would not allow communion on the day of execution. Most Americans claim to be Christian and would find it offensive that a condemned prisoner would be denied communion when having his last spiritual visit.

When I realized that this was the case, I asked several people responsible for this process why they would not allow the condemned prisoner to take communion ~ which is unquestionably one of the fundamental tenets of any Christian faith. And other than allowing communion interfered with their last day protocol, nobody could give me an answer as to why. Apparently, nobody had ever questioned this before.

Unable to get any explanation at institutional level, I then brought this to the attention of my lawyers. Just by coincidence, my top lawyer Neil Dupree ( head of CCRC) was in Tallahassee to participate in budget conferences and in the same room as the FDOC Secretary Julie Jones.

As I understand it, Mr. Dupree took a moment to talk to Julie Jones and simply asked her why it was that condemned prisoners were not allowed to receive communion on execution day and apparently Ms. jones did not even know that this was not allowed and assured Mr. Dupree that she would look into it immediately.

Early the next morning the prisons Assistant Warden came down to death watch and discussed this issue with me, in a polite and respectful manner. Just that easily, the issue was resolved ~ I would be allowed to receive communion from the Catholic priest on the day of my scheduled execution. But I wonder whether those who face execution in the future will think to inquire as apparently I was the first to simply ask.

This past week I was kept busy by the lawyers as the various appeals were submitted to the courts. Since the Hurst v Florida decision was handed down from the U.S. Supreme Court on January 12 declaring Florida’s death penalty statute unconstitutional, many of the top lawyers have joined my legal team as now my own case will decide whether that court decision applies to everyone on death row, or maybe to no one  at all. Oral arguments before the Florida Supreme Court will be interesting. (If you missed these oral arguments you can pull them up at any time at http://www.wfsu.org/gavel2gavel/viewcase.php?eid=2314)

With all the attention of this Hurst v Florida issue, I’m increasingly worried that the lawyers are not pursuing my numerous other issues as aggressively. For one thing, I just don’t have any confidence that the Florida Supreme Court will rule favorably on this Hurst case. Of the seven justices on that court, most are former death penalty prosecutors themselves (they each are politically hand picked, so that’s not just a coincidence) and not even one of them opposes the death penalty. And this court has already sent at least 30 men to their execution since 2002 when the US Supreme Court first ruled this process was wrong. I just don’t see that court suddenly willing to do the right thing. What’s important to me is my long and consistently pled claim of innocence and that it continues to be argued before the Florida Supreme Court and in the Federal Courts. But with this attention on this Hurst issue, my claims that argue my innocence are being neglected and I’m not happy about that ~ and there’s not a damned thing I can do about that either.

Some time this next week the lawyers will file my appeal on the innocence claims in the Eleventh Circuit Court of Appeals. I also expect nothing from that court as my case was assigned to the three most extremely pro death penalty judges (Carnes, Hull, and Tjoulat), so the most I can hope for is that once those judges rubber stamp that federal denied (as they do all death row appeals) then we can try to get the US Supreme Court to grant review.

But the clock continues to count down and each day I’m that much closer to my death. It’s still a matter of days, but soon it will be a matter of hours.

Note: Michael Lambrix was granted an indefinite stay of execution on February 2, 2016.He has now been moved to a regular death row cell at Florida State Prison, while still being under warrant.

Anyone wanting to send a card or letter to Mike, please write to:

Michael Lambrix #482053
Florida State Prison G1204
7819 NW 228th street
Raiford Florida 32026-1100

Letter from Death Watch (part 7)

When the Governor first signed my death warrant on November 30, 2015 scheduling my execution for February 11, 2016, I had 73 days until they planned to kill me. As I write this , I’m now down to 18 days. To keep us occupied ~ if we were to go nuts awaiting our execution then they couldn’t kill us as the Supreme Court has said that violates the Eighth Amendment prohibition to execute a prisoner that has become “mentally incompetent” ~ they have installed a 40 inch flat screen television on the wall in front of cell one, which I watch regularly.

Funny thing though, as the days passed I have noticed that there are previews for more shows that I would really like to watch, but they won’t come on until after my scheduled execution and I find myself saying that it sucks as now I’m going to miss that show. For example, many years ago I faithfully watched every episode of the science fiction series “X-Files,” but then the series ended with a lot of unanswered questions.

Recently the Fox Network brought it back for a six show mini series to answer some of those questions we all waited so long to be resolved. And I was anxiously awaiting its return. However, it doesn’t begin until Sunday January 24th and then run for the next five consecutive weeks. But I only have less than 3 weeks to live so it created a dilemma ~ do I watch what I can and hope that my execution is put on hold until I’ve watched all 6 episodes, or do I just blow it off for now as I wouldn’t want to go to my grave left hanging to see how it all ends. 

More and more I’m confronting these dilemmas ~ finding myself making choices based on when my execution is scheduled. The other day I noticed that my toothpaste was getting low and normally, I would just buy another tube without a second thought. But instead I found myself contemplating whether what I had left might be stretched to last until February 11th as I didn’t want to waste the money buying a new tube, then be put to death and leave it wasted.

These are just a few of the examples of how even the smallest things that most wouldn’t give a second thought to will creep into mind and then I will find myself putting way too much thought into how that particular thing or event impacts my scheduled date with death.

                                                                    

Maybe that’s part of this deliberate process ~ to compel those awaiting their appointed date with death to be reminded that they intend to kill you every moment of every day until they do. Perhaps that “process” itself helps facilitate passivity in the condemned by instilling a sense of becoming part of that countdown, so that when the time does come, we will feel almost obligated to cooperate.

A few days ago the death watch supervisor came down and laid a brand new suit on the desk out in front of my cell. He has been assigned to this post for years and personally dealt with at least the last 30 executions ~ probably many more. In this environment, that wall of separation between prisoner and guard somewhat relaxes and there’s significantly more personal interaction if for no other reason but there’s no one else to talk to.

This supervisor (whom I’m deliberately not naming) exhibits a level of professionalism you very rarely see in the prison system. He deals with us in a fair and respectful manner, and takes good care of us. When our family and friends come for a visit, he will do what he can to make it easier on them. Often even introducing himself to our visitor and giving them his phone number in case they need to call if problems arise. When my mentally challenged daughter came to visit, he escorted her to the parking lot to make sure she got there alright. He is a model of professionalism balanced with that measure empathy towards those he interacts with that you just don’t expect from prison employees.

But when he brought that suit down, it made me realize just how much this job has taken from him. Most of us give no thought to how all this affects those who work here and interact with the condemned. They will spend months down here on death watch with us, knowing just as well as we do that with each day that passes we take one step closer to that date of our appointed death. How could all this not affect them too.

Yet he laid the bag containing the suit down on that desk and as if it was nothing more than getting a cup of water. He pulled the brand new suit from the bag and casually told me I needed to try it on to make sure it fits. I watched as he first took the white shirt from its plastic bag (George for men, size XL, short sleeves ~ long sleeves would obstruct their ability to insert the needles into my arms ~ with a neck of 18 inches). He unfolded the shirt, removing the store tags, then shook it out and passed it through the cell bars so that I could try it on.

As I obediently put this shirt on, he focused his attention on removing the suit from its protective bag. I noticed it was bought at the local JCPenney store. The tag said it was Stafford brand, made in Mexico, with a suggested retail price of $200. I commented about that ~ the prison would only allow a “last meal” limited to $40 , but they didn’t mind spending that much for a custom fitted suit to execute me in.

He passed the pants first and then the jacket through the bars and I put each on. They fit well. I even commented about how good I looked in the dark blue, almost black suit with the subtle charcoal pinstripes. And then I removed it and handed it back and it was returned to its protective bag and places in the closet where it would wait until it was time for me to put it on again ~ only the next time I put it on, they would kill me in it.

This whole process of trying on the suit they bought just to execute me in seemed so mundane; so normal. As if we went through this everyday. And I found myself wondering, how many times has he gone through this routine before and at what point did he reach that point in which having the condemned prisoner try on his execution suit become so routine?

On the legal front, the lawyers continue preparing and filing appeals based on the recent U.S. Supreme Court decision in Hurst v Florida. When that case first came out on February 12th I was somewhat skeptical, as I knew that it’s hard to convince the courts to retroactively apply new case law to older cases. (See, my essay “ Death by Default” posted January 28th at www.minutesbeforesix.com). However, after reading what the lawyers have filed I must admit that they make a very convincing argument as to why Hurst v Florida dictates that my death sentences be vacated and my execution stopped. Many other organizations are also submitting “Amicus” briefs in support, which is almost unheard of. Bottom line, there’s a good chance we can win this, but it will be close. The Florida Supreme Court will hold “oral arguments” on my case on Tuesday, February 2, 2016 which can be watched online at www.wfsu.org/gavel2gavel/

 

My Federal appeal arguing actual innocence also continues to be pursued in the Federal Courts. Anyone who wants to read the appeals that have been and will be filed can do so at www.southerninjustice.net. Hopefully, either the state or federal court will grant a stay of execution soon.

(Note: Indefinite stay of execution was granted on February 2, 2016)