Our Dear Friend Mike Lambrix left us on October 5, 2017
He went from the Darkness to the Light..

Showing posts with label wrongfully convicted. Show all posts
Showing posts with label wrongfully convicted. Show all posts

Thursday, January 8, 2015

Why We Slaughter Turkeys, and Other People Too

Most of us blissfully assume that animals don't have a soul and so there's no real debate on whether animals, such as the over 240 million turkeys that were put to
death this past month just to satisfy our appetite for that quintessential American holiday ritual known as the Thanksgiving feast, all went to Heaven or hell - I doubt anyone gave it too much thought at all as it was just a turkey, so who really cares?

But what if it was the family dog? Or how about our beloved cat? Many would then argue that there must be a special place in the afterlife for our furry friends that were so much part of our life that we considered them to be part of our family. Many will pay incredible amounts of money to even have their beloved pet cremated or buried and will argue without reservation that their Fiddo or Fluffy certainly did have a soul. It's all about our own emotional connection to that particular animal, and that's the sort of connection we just don't make with an anonymous turkey conveniently purchased at the local supermarket, already plucked and gutted and ready to throw into the oven and cooked until the moist flesh is ready to melt in our mouths.

Amidst all this holiday pageantry there's that other now traditional ritual each Thanksgiving in which both state governors and the President of the United States publically pardons a turkey, sparing it the fate of the butcher and rather than be condemned to be devoured at Thanksgiving, this one lucky bird will instead be sent to live the rest of its life on a farm. I watch this ritual every year and always wondered how it was that they picked that one particular bird from the hundreds of millions of others that faced all but certain deaths.



Did a farmer go out to the barn and just snatch up the first turkey he got his hands on and ship it to the president and that was it? What stroke of faith spared this one otherwise undistinguishable bird from the millions of others and made it somehow worthy of this act of grace? Perhaps there was more to the story....maybe unknown to us there was a top secret commission tucked away in the basement of the White House, serving at the discretion of President Obama, and it was their solemn task to search across the vast North American continent from coast to coast for verifiable stories of remarkable acts of extraordinary valor by otherwise unknown turkeys such as that unheard story about the young child that fell into the farm pond and would have surely died if not for that one turkey that raised all sorts of ruckus until the farmer realized that something was horribly wrong and followed the turkey back to that pond, arriving just in time to save his only son. Certainly that turkey would deserve a pardon.

Or perhaps, unbeknownst to all but that top secret commission deep down in the bowels of the White House, all turkeys are inherently evil and it is our moral obligation to slaughter them and feast off their flesh just as other cultures did with their enemies, such as the Mayas who conquered their neighboring tribes and then sacrificed their prisoners to their gods, eating their flesh just as we do the turkeys. Maybe these millions of turkeys were planning to overthrow the human race and this plot would have succeeded, if not for that one heroic turkey that risked life and limb to rat out the rest of the flock. By turning snitch, he earned immunity and this whole presidential pardon ritual is nothing more than yet another governmental conspiracy to perpetuate an image for the masses of sheep (i.e., average Americans) to blindly believe, allowing them to feel morally justified when they gather around that table and feed off that turkey flesh. 

Maybe Tom the turkey is actually part of the Taliban and this American thanksgiving ritual is an extension of this never-ending "war on terror" coordinated behind the scenes by Homeland Security. No, that can't be - this turkey slaughter began long before our beloved CIA created what we now call the Taliban. Oh - I know, it's got to be a communist plot, as we all know turkeys do live in what could be described as quasi-Siberian gulags and this certainly wouldn't be the first time that a former prisoner organized his other brethren to rise above their shackles and chains and overthrow society.

Now that i think about it, I do recall watching a program about poultry farms and how these seemingly innocent turkeys would gather in little groups they call "flocks" and can be heard clucking and gobbling amongst themselves in a language unknown to us. If that isn't proof enough that they must be plotting  against us, then think about this for a moment...why are all these turkeys white?
Myself, I'm a white guy and I must admit that I've been white my whole life. And so I know what happens when you get that many white guys in a group as it's our inherent nature to inevitably plot to take over the world and if we can do it then why not these hundreds of millions of nothing but white turkeys, raised on farms throughout the land by white rednecks?

Which brings us to the "people" equation in all of this. Now, I guess when it comes down to it I can't really swear under oath that I actually seen what I thought I saw when that big white turkey stood on that table as our even bigger black president proudly granted it a pardon, as his daughters looked on, but I want to say that I'm pretty sure that as the camera momentarily focused on the turkey I might have seen it ruffle its feathers and sort of wink, as if looking straight into my soul and sending me that message, telepathically laughing at me as unlike that turkey, we all knew I have no chance at being granted a pardon. And even that turkey knew that if it was a person, it wouldn't have any hope for a pardon, either.

The truth of the matter is just this simple - millions of turkeys must die to feed our appetite each Thanksgiving and this whole ritual we go through to get there is necessary as it just wouldn't be the same without the ritual ....and we got to kill a few people too as that's the American way.

No, these hundreds of millions of turkeys were not plotting to take over the world and those few turkeys that were granted pardons didn't perform any heroic acts to deserve that act of grace. But I'd like to think that these turkeys, and all living creatures, do have a soul as if they do perhaps there's still hope for humanity too.

As these turkeys were led away to their mass slaughter and this machinery of death brought about their demise, delivering their frozen flesh to the local supermarket so that the average American family could feast from their flesh, then discard their picked bones into the trash  without so much as another thought, I'd like to think that the soul of each of those turkeys rose above the horror inflicted upon their bodies and they now look down upon us without malice or the need for vengeance, but rather they bow their beaks in a silent moment of unified prayer that one day humanity will evolve beyond its need to kill. And maybe if enough turkeys pray for humanity, maybe one day we too will evolve into a species that is no longer driven by that need to kill and this ritual of death we so desire will be a page of past history.

But I doubt I'll be around to see it, as like all those turkeys, my days are now numbered and the state of Florida is already in the process of carrying out its own ritual of death. With what might be my last appeals exhausted, I'm now going through the "clemency" process, knowing only too well that at least here in Florida nobody has been granted clemency in over 30 years. Once they go through the pretense of clemency review, then my death warrant will be signed and my execution scheduled, and I proceed forward knowing that nobody has survived a death warrant in Florida in many year.

And most likely before the next turkey is again granted a pardon, I will be led into Florida's own slaughter house and laid out before those that gather to watch this ritual, metaphorically gathered to feed off my flesh. While convincing themselves that my death is morally justified, and some will even celebrate the successful execution, others will be hurt deeply by my passing. But in the end, society will not pass any longer at that moment of my death as they did at any other state-sanctioned killing. It is a necessary ritual and at the end of the day for the same reason we slaughter hundreds of millions of turkeys to feed off their flesh and appease our appetite, so too do we kill people by only too similar rituals and yet no matter how many might die, our appetite is never satisfied.

Michael Lambrix  #482053
Union Correctional Institution
7819 NW 228th street
Raiford, Florida 32026

Please sign Michael's Petition HERE
https://www.change.org/p/governor-rick-scott-please-spare-michael-lambrix-s-life

Thursday, September 13, 2012

That Ever-Elusive Glimmer of Hope


Nelson Mandela, when he was imprisoned on Robben Island, was undoubtedly subjected to substantial hostility from the guards working around him, seeing him as a threat to their way of life. However, even in the worst of times, Mandela saw that glimmer of humanity that sustained his hope and gave him the strength to endure and he often spoke about that. But few would be able to truly appreciate just what he meant by his words, as very few will ever find themselves cast down into the bowels of a maximum-security prison that is intended to methodically break not only your body, but also your spirit, until you abandon all hope and submit to the masters of your fate.

I dare say that, although the circumstances may be different, I can find that common ground with Nelson Mandela. I can relate to his words as I too have spent not merely a few years but a few decades in solitary confinement under what is intended to be not merely physically, but psychologically oppressive conditions that take their inevitable toll in ways one cannot always see.

In all the years that I have spent ion Florida’s death row I have never seen the level of malice directed towards us by our captors as I do now. It’s a tangible presence that now hangs over us like an evil entity out to torment our very souls. I can not say how it took hold or why it has become what it is, but I can not deny this presence where once there was a level of mutual civility between the guards and convicts, now the guards almost always harbor a level of malice and even hate towards us that manifests itself in every way. Any guards who do dare show basic civility to death row prisoners are quickly transferred to another part of the prison. There’s no doubt that this level of malice comes from the very top.

As a result the environment we must live in has evolved into what could be described as a “cold war” zone. A few weeks ago I saw a sergeant who I’ve known for years and once respected because he treated us fairly. As he walked by my cell, I smiled and said “How you have been doing?” I only wanted to be civil. But his response spontaneously came back at me as if I had been physically assaulted “None of you f-----g business, inmate”! That was all he had to say, but more then I cared to hear. In that instant a man I once held in respect immediately lost all respect and in my eyes became the lowest form of scum that ever walked the earth. I quickly learned that this attitude was only too common among the guards working this unit now. What they simply cannot see is that by treating us with such malice, they only reduce themselves to something lower in the subhuman species. And I’m afraid that when one guard after other exhibits this same attitude for no apparent reason, then it doesn’t take long before the lines are clearly drawn and we come to see all the guards as the enemy.

But then in the most unexpected way my own attitude is put in check. A few weeks ago my elderly parents came up for their monthly visit. It was an extremely hot Florida summer day and as mom helped my father out of the car and into his wheelchair, she accidentally closed the car door, locking the car keys and their identification inside. They had no way to open the car door. Now standing there in the prison parking lot, it wouldn’t take long before the Florida sun took its inevitable toll. Both my parents are now quite elderly and not at all in their best health. It was at least 7 miles back to Starke, where the closest mechanic was who could be called to open the car door.

But then a sergeant saw them stranded there in the parking lot and went over to offer his assistance. He had to know they were visiting a prisoner as that would be the only reason for civilians to be at a prison parking lot on a Saturday morning. Despite the relentless heat bearing down upon him, that sergeant became as equally determined to help my parents and struggled for the better part of an hour to get their car door open. Another guard came over and offered my parents some water. Finally they succeeded in manipulating the door lock open and my parents retrieved their identification and were able to come in to visit me, and told me the story.

I was surprised and grateful to the unknown sergeant and officers who kindly helped my parents. But it also caused me to think about what Nelson Mandela said after his many years of imprisonment. In our world it is only too easy to allow ourselves to become filled with malice towards those on the other side of those steel bars, especially when the interaction between us and them is almost always an unpleasant experience. Like a dog in a cage, once you’ve been kicked so often by every guard that walks by, it’s only too easy to come to expect that from all of them.

But then there’s that one brief moment in time, when by a simple act at genuine humanity you are reminded that every person is an individual, and even if 100 guards show nothing but malice towards me for no apparent reason there are still that one or two that have found the strength to rise above this wall that exists between us. A simple act of kindness has restored that glimmer of hope in humanity, as at the end of the day it is our humanity and how that is manifested towards others that defines us as species and as along as there is still a few among us willing to follow that golden rule of doing onto others as we would want them to do onto us, then there is hope for all of us.

Michael Lambrix

Florida death row

Please check out my website

http://www.southerninjustice.net










Monday, November 28, 2011

Love Wins – Even on Death Row

Recently a friend of mine sent me a very nice gift – a book by Rob Bell entitled “Love wins: a book about heaven, hell and the fate of every person who ever lived” (Thank you Jan!) Having known me for about 20 years, Jan knows that I enjoy books that are thought provoking. Especially if the subject matter is spiritual. In fact, I initially brought this particular book to his attention after reading a book review in the USA Today newspaper a few months back, but I couldn’t exactly run down to the local bookstore myself, so fortunately Jan knows that it is relatively easy to send books to death row prisoners as all he had to do was order it on Amazon.com and have it shipped directly to me.

This isn’t the first book I received from a friend as I am blessed to have several friends who sent me books recently. But I am writing about this particular book because of the message it provides, one that I have reached myself long ago – that our spiritual evolution is about embracing love, not condemning all of us to hell. Like many others I find the concept of being condemned to hell and subjected to eternal torture to be in conflict with what I believe God really is. If God truly loves even me, then why would he want to beat me over the head until I submit to what some self-righteous and self appointed representative of God tells me a true Christian is?

Many years ago I got to know one of the volunteers that regularly visit death row from churches. They come to save our soul, bless their hearts. Most of these men do so at their own expense and spend many hours each week going from cell to cell, reaching out to the condemned and showing a measure of compassion that reflects a true Christian spirit, and I enjoy the few moments I am able to share with them.

This one volunteer (“Carl”) told me something that has stayed with me since – at the time, I was facing a death warrant (formally scheduling execution) and upon learning of this, Carl came to my cell to see how I was holding up. I was alright, but we go to talk and he commented on how I was actually lucky to be facing then imminent execution, as most people do not really know when they will die and often die suddenly without any opportunity to get their heart right with God.

Anyone who really knows me knows that I’m never at a loss for words, but at that moment, I didn’t really know what to say. The implication was that those unfortunate enough to die without the opportunity to get their heart right with God would be condemned to hell for all eternity, no matter how good of a person they might have been, while at the same time a presumably “cold blooded killer” who by virtue of his condemnation and imminent execution would go straight to heaven because he had the chance to get his heart right with God.

Myself, I don’t buy that argument and it really makes no sense. But I’m not articulate enough to explain why this whole concept of condemning the righteous to eternal damnation while rewarding the worst of sinners with eternal heaven makes no sense and so I thoroughly enjoyed reading Rob Bell’s book “Love wins” as it explains beautifully what I have come to believe – that the whole concept of condemning anyone to hell for all of eternity is nothing but a fabrication by those “Christians” who want to use fear and intimidation to coerce others to believe only what they say the nature of God is.

Everybody has the fundamental right to believe what they want and for the most part, each if us find God in our own way. I prefer to believe in a God that embraces love, mercy and compassion towards all men, even the worst of sinners, as by believing God of that nature too I can hope that men will evolve to reflect that nature too. I’m certainly not perfect – but knowing that I’m not getting beaten over the head every time I do slip is comforting.

If in the end I am put to death for a crime I did not commit (please check with www.southerninjustice.com ) then it will be because of the imperfection of a judicial process corrupted by men. But for now, as I remain entombed in a man made hell few could begin to imagine, my real struggle is to rise above the anger and bitterness that tries to consume me. In reading books like “Love wins” it gives me that strength by reassuring me that in the end, it will be love – and not hate – that wins. That’s a concept I can embrace.


Mike Lambrix

Thursday, October 13, 2011

It’s been a while since I last posted but I’m not dead – yet. Then again, Maybe I am at as I can’t imagine hell being any worse then where I’ve been entombed (here on death row) the past 27 years. No matter as here I am throwing a few more words out into that great beyond you all call the real world. Like one of my favorite songs (“Dust in the wind”, by Kansas) says, that’s what my words are, just dust in the wind.

I’ve been silent for many months. Sometimes things just become so overwhelming that crawling up inside my shell is the only way to survive when the whole world around you is coming down. I don’t think anyone could fault me for needing to step back away from all that’s going on and at least for a while retreat within that sanctuary of ‘self’.

Besides, it’s not like a lot has been going on in my world. I’m still in this cage and the uncertainty of whether I might live or die remains like a wet blanket trying to suffocate what little hope might still exist. But I’m not interested in the whole “woe is me” self pity party as when it comes down to it, I’m certainly not the only person in the world who’s life pretty much sucks. There’s a lot of people suffering out there and no matter and no matter how hard it might get here in my cage, at the end of the day I still get three meals a day and a roof over my head. Many out there don’t even have that.

As I write this, last night the state of Georgia murdered Troy Davis despite worldwide protests calling for clemency. Once again a legitimate claim of innocence has been silenced by killing the victim of incomprehensible injustice. But you know what the real tragedy is? Of the millions of people around the world who signed petitions and were willing to lend their voice in the futile attempt to stop the execution of Troy Davis, the vast majority will now only too quickly move on with their lives and forget about it.

But what if instead of fading back into their lives, even a fraction of those people who stood up for Troy Davis would now be motivated to keep fighting the fight? What if each one of those people now felt motivated by the cause of this incomprehensible injustice and each of them talked to one other person, and got them to see the light, and then that other people talks to and motivates yet another, then another and then that fading voice grows stronger and stronger. Imagine instead of a million people around the world motivated by the single injustice inflicted upon Troy Davis, there were millions willing to commit to a continuous campaign protesting against the injustice that continues to be perpetuated against so many more. As each of these singular voices grow stronger with support of more and more, can they so easily be ignored?

Troy Davis is dead, the victim of a corrupt legal system that is only too willing to murder innocent people under the malicious pretense of administering “justice”. But his death does not have to be in vain and the true injustice would be to forget about him and what his execution meant. His death should be the rally cry for all of us to now stand together and force the world to recognize that Troy
Davis was only one of the too many innocent victims of a corrupt legal system.

If his death is to mean anything, it should be that we now know that the death penalty itself is what makes it possible to put innocent people to death. We all know that there are many who will argue that troy Davis was not innocent – as far as they care, nobody is ever innocent as our legal system is perfect. But no legal system is that perfect and innocent people will continue to be put to death. The only way to truly stop this madness is to stop the death penalty itself.
But we know that won’t happen. The vast majority of those stood up to support Troy Davis have already faded back into the shadows and moved on with their lives. The voice will become silent again, until perhaps another innocent person is facing execution. But riving up at that last moment won’t stop the machinery of death from methodically stalking its next innocent victim. If there’s any chance of winning the fight, we all must be willing to stand our ground and fight the fight. Troy Davis will quickly be forgotten if we all don’t stand our ground and let out voices be heard today, tomorrow and everyday until this intolerable injustice has been defeated.

I hope that some will be motivated to keep the fight going. Otherwise, many more innocent people will continue to be put to death. If the Troy Davis case proved anything, is that it’s not enough to rise up at the last moment and sign a petition as petitions are worthless. We must fight the fight.

Before I go, I also wanted to share a few recent articles written about the death penalty here in Florida. The first one was written by one of Florida’s most respected pro-death penalty judges, Judge O.H. Eaton, Jr (of Orange County Circuit Court, Orlando, Florida). Judge Eaton has sentenced numerous people to death since taking the bench – but is now calling out for the end of the death penalty in his article “Capital Punishment – A Failed Experiment”. What he says makes sense – but will anyone listen?

The next article was recently published in a Florida newspaper as an editorial addressing the indisputable disparity between who faces death and who does not. Again, in this article (Orlando Sentinel, September 7, 2011 by Mike Thomas) it points out why the death penalty is fundamentally unfair and calls for an end to Florida’s death penalty. Mike Thomas - When will state stop arbitrary death-penalty decisions?


For those who may have read this, I thank you for your time. Keep the faith,

Mike Lambrix

Tuesday, May 11, 2010

Florida Court Denies Lambrix's Innocence Appeal

After denying review and final disposition of Michael Lambrix’s state post conviction appeal arguing newly discovered evidence that substantiates Lambrix’s consistently pled claim of innocence for many years, in a bizarre and even absurd ruling the Florida Supreme Court has categorically denied all relief, finding that the virtual wealth of evidence presented by Lambrix is not credible. See, Lambrix v. State, 2010 WL 1488028 (Fla.) (opinion released on April 15th, 2010)

As those who have followed this wholly circumstantial capital case already know, and as the state has repeatedly conceded itself, the state’s entire case was based upon the testimony of Lambrix’s estranged ex-girlfriend Frances Smith-Ottinger. Although, Lambrix’s conviction and sentence of death were exclusively based upon the credibility of Smith-Ottinger, in denying Lambrix relief the Florida Supreme Court has now declared Smith-Ottinger “not credible.” Of course, the court has made no attempt to explain how in a wholly circumstantial case (no eyewitnesses, no physical or forensic evidence, no confessions, etc.) dependent upon the credibility of a single key witness; the capital conviction and sentence of death can still be upheld when the same witness has now been declared “not credible.”

Apparently, the Florida Supreme Court’s concept of credibility is flexible and subjectively applied – as long as a witness is providing favorable testimony for the state to secure a conviction, even in a wholly circumstantial case; the witness is credible. But if and when that same witness provides testimony contrary to the interests of the state, then the witness is not credible. That is how justice is administered in Florida.

The Florida Supreme Court’s absurd conclusions actually are not about whether or not the state’s key witness Smith-Ottinger is credible. What this case is really about is the Florida Supreme Courts unethical and constitutionally reprehensible protection of the Florida Supreme Court’s Chief Justice, Peggy Quince. If putting an innocent man to death is necessary to protect Chief Justice Quince from allegations of misconduct, then so be it.

Although not mentioned in the recent denial of relief, but fully detailed in the appeal briefs submitted in this case; Chief Justice Peggy Quince was previously an Assistant Attorney General and part of the prosecution team during Lambrix’s initial post conviction proceedings prior to her political appointment to the Florida Supreme Court. (All appeal briefs in this case can be found and read under the hearing-briefs tab at SouthernInjustice.net)

In her former capacity, Chief Justice Quince was (“allegedly”) personally complicit in the prosecutorial misconduct in this capital case. Lambrix filed a motion to disqualify the Florida Supreme Court (click here to read this motion in its entirety), which the Florida Supreme Court summarily denied even though their own recent decision in other cases, required disqualification; see, Wickham v. State, 998 So. 2d 593 (Fla. 2008). Apparently the Florida Supreme Court is not bound by its own established law.

What is clear by the Florida Supreme Courts ruling is they would rather put an innocent man to death than risk having Chief Justice Quinces own alleged acts of misconduct exposed. The fact that the Florida Supreme Court refused to even address the virtual wealth of evidence presented (see, appeal briefs) and the pled allegations of prosecutorial misconduct that collectively establish that the key witness Smith-Ottinger and the states lead investigator conspired and collaborated together to deliberately fabricate this wholly circumstantial case of alleged premeditated murder shows the Florida Supreme Court simply will not allow their Chief Justice’s own complicity in this deliberate miscarriage of justice to even be discussed.

At trial, in addition to Smith-Ottinger’s testimony that Lambrix told her that he had killed the two deceased, apparently “to take their car,” (which it should be noted, this vehicle was subsequently found in the exclusive possession of Smith-Ottinger, not Lambrix), the state presented testimony from Deborah Hanzel, who testified that Lambrix has also told her that he killed the couple to take the car. However, Hanzel has since provided sworn testimony that her trial testimony was deliberately fabricated – that key witness Smith-Ottinger and the state’s investigator deliberately coerced her to provide this false testimony in a conspiracy to ensure that Lambrix would be convicted and to protect Smith-Ottinger from prosecution herself. (Deborah Hanzel’s sworn affidavit can be read in its entirety by clicking here.)

The Florida Supreme Court now finds that Hanzel’s testimony that she was coerced to provide false testimony is “not reliable” and of course the court conveniently refused to consider any of the evidence that supports Hanzel’s claim that the key witness Smith-Ottinger and the state worked together to deliberately fabricate the entire wholly circumstantial theory of alleged premeditated murder – evidence that if fully and fairly addressed cannot be credibly disputed.

Again the Florida Supreme Court relies upon the absurd conclusion that when Deborah Hanzel testified for the state, she was the epitome of credibility – but now that she has provided sworn testimony detailing how the key witness Smith-Ottinger and the state had coerced her to provide false testimony, and that they knew all along Lambrix was not guilty of premeditated murder, the Florida Supreme Court finds that Hanzel is not a reliable witness. This is the unwritten rule of law – as long as a witness is providing favorable testimony for the state, then they are credible. If the witness admits to being coerced to lie by the state, then they are no loner credible.

Nothing reflects the Florida Supreme Courts deliberate hypocrisy and distortion of the truth more than the manner in which the Florida Supreme Court addressed Lambrix’s own post conviction testimony. What makes Lambrix’s consistently pled claim of innocence unique is that Lambrix has admitted to being in the company of the two people who were killed and that Lambrix was compelled to hit the male victim only after the make victim attacked and was assaulting the much younger female victim.

Lambrix’s claim of a spontaneous event forcing him to act involuntary self defense when attacked by Clarence Moore/ aka Lawrence Lamberson when Lambrix attempted to stop Moore/Lamberson from violently assaulting the teenage victim Aleisha Bryant is actually supported by the State own evidence, and the state has never provided any evidence to contradict this claim. In fact, the state knew all along that Moore/Lamberson was a career criminal and known associate of “drug smugglers” with a criminal history of violently assaulting other women in the same manner. A fact that the jury was not allowed to hear.

At Lambrix’s trial, the court prohibited Lambrix from testifying so the jury was never allowed to hear Lambrix’s account of what actually happened. It should be noted that key witness Smith-Ottinger also testified that she did not actually see or hear anything that transpired outside that night that led up to and resulted in the couple’s death. Her only claim was that Lambrix subsequently told her he had killed both of them.

During the post conviction proceedings Lambrix was finally provided an opportunity to testify and did then graphically testify to what actually happened outside. As the record shows, the state could not discredit Lambrix’s claim of self defense.

In the recent order denying relief the Florida Supreme Court (at page 11) “Lambrix himself (testified) at this most recent evidentiary hearing that he struck one of he victims using a tire iron, although he denied that he intended to kill either victim.” Incredibly, the Florida Supreme Court actually twisted Lambrix’s own testimony into somehow being a confession of guilt of premeditated murder.

In doing so, the Florida Supreme Court completely ignored the overwhelming weight of the evidence that actually substantiates Lambrix’s claim. As reflected in the trial transcript, the jury was not allowed to know that Moore/Lamberson (the male deceased) had an extensive criminal history, including violently assaulting women. The jury did hear Smith-Ottinger’s own testimony that there was virtually no indication of animosity or intent to commit any crime, between any of the parties. In fact, Smith-Ottinger conceded that Lambrix, Moore/Lamberson and Bryant were “laughing, teasing, and playing around” immediately before Lambrix and Moore/Lamberson went outside during the early morning hours.

Smith-Ottinger specifically testified that Lambrix remained outside with Moore/Lamberson for approximately 20 minutes then returned to the trailer they shared alone. At that time Smith-Ottinger was absolutely certain that Lambrix did not have any blood on him, was not in possession of the alleged murder weapon (a common tire iron) and “looked normal.” According to Smith-Ottinger, Lambrix then went outside again with Aleisha Bryant as she remained inside alone cooking a spaghetti dinner.

Smith-Ottinger claims that Lambrix again returned alone, but this time was “covered with blood” and was carrying the tire iron, and told her “They’re dead” then proceeded to wash up. Smith-Ottinger has consistently claimed that she did not actually hear of see anything that transpired outside and only knows that Lambrix told her he killed them, but she also insisted that “he never said why.”

For this reason, only Lambrix knows what really happened outside. But by looking at the State’s own evidence, it becomes clear that Lambrix’s claim of being compelled to spontaneously act in self defense when attempting to stop Moore/Lamberson from fatally assaulting Aleisha Bryant is, in fact, supported by this undisputed evidence.

At trial key witness Smith-Ottinger testified that Lambrix told her that he had “choked the girl” and had “hit the in the back of the head.” But the states own medical examiner Dr. Robert Shultz concluded that there was no evidence to show that Aleisha Bryant was “choked” or strangled to death. In fact, it is a medical certainty that if a victim is choked or strangled to death, there will be evidence to show this such as hemorrhaging/bruising around the neck and damage to the soft tissue and larynx as well as probable fracture of the hyoid cartilage. And if a person is strangled to death, there will always be “peticule hemorrhaging” visible in the eyes. But medical examiner Shultz found no evidence of any of these tell-tale signs, thus Smith-Ottinger’s claim that Lambrix choked or strangled Bryant cannot be true.

Although a witness might lie, this type of evidence does not. Additionally, it is inconceivable that a healthy young woman who was not restrained in any manner would simply stand by and allow herself to be assaulted and killed without struggling and fighting for her life. Smith-Ottinger has consistently conceded that Lambrix did not have any scratches or bruises on him that would have been consistent with a struggle with Bryant.

However, the state’s own medical examiner Dr. Schultz conceded that Moore/Lamberson actually did have numerous scratches and lacerations consistent with what Bryant would have undoubtedly inflicted if he had struggled with Aleisha Bryant as Lambrix claimed he did.

Further, the medical examiner Dr. Schultz concluded that Aleisha Bryant did not suffer any physical injuries that would have resulted in a substantial loss of blood. (Smith-Ottinger was certain that Lambrix did not have any blood on him when returning to the trailer after Moore/Lamberson went outside, but before Aleisha Bryant went outside). But Dr. Schultz concluded that Moore/Lamberson did have numerous injuries that would have resulted in substantial loss of blood. Thus the only way that Lambrix could have been “covered in blood” after Bryant went out but not before was if Moore/Lamberson was still alive outside when Bryant went out — supporting Lambrix’s claim that all three were together outside and it was a spontaneous event that resulted in their deaths, not “premeditated murder.”

The states own evidence substantiating Lambrix’s claim that he was compelled to act in self defense when attacked by Moore/Lamberson is even stronger. As the trial transcript reflects, the state’s own medical examiner, Dr. Schultz, testified that Moore/Lamberson died as the result of blunt force trauma – being hit in the head with an object consistent with the tire iron.

However, Dr. Schultz testified with absolute certainty that Moore/Lamberson was struck eight times, specifically, that Moore/Lamberson died as the result of “multiple crushing blows to the head… resulting in severe fractures around the eyes and the cheeks,” and that these blows consisted of “eight (blows) – four times to the left frontal forehead, and four times to the right … applied in a continuous side to side motion.” (See, trial transcript, testimony of Dr. Robert Schultz)

More importantly, Dr. Schultz found virtually no evidence of any “defensive wounds,” and all of these blows were administered with Moore/Lamberson facing his assailant, leaving the only logical conclusion that – just as Lambrix claimed, Moore/Lamberson was coming at him and Lambrix was forced to swing in spontaneous self defense.

As if this evidence itself was not enough to substantiate Lambrix’s consistently pled claims of involuntary self defense, while ignoring the overwhelming weight of this irrefutable evidence the Florida Supreme Court also refused to acknowledge the conclusive evidence that key witness Smith-Ottinger and the state did deliberately fabricate evidence to support their allegations of premeditated murder with the intent and purpose of having Lambrix wrongfully convicted and condemned to death.

Specifically, as reflected in the trial transcript, Smith-Ottinger testified that Lambrix had deliberately placed Aleisha Bryant “face down in a pond” to ensure that she would die. This testimony was used to convince the jury that there was no doubt that Lambrix did act with premeditated intent to kill Aleisha Bryant, thus convicting Lambrix of capital premeditated murder.

But there never was any such “pond,” and no question that this extremely prejudicial testimony used to prove actual premeditation was deliberately fabricated to inflame the jury and convince the jury to convict and condemn Lambrix to death.

In the post conviction appeal now before the Florida Supreme Court, Lambrix’s legal counsel pro offered into evidence the sworn affidavit of the owner of the property, who attested under oath that there was no pond in the area where Bryant was killed. Additionally, two expert witnesses provided sworn statements as hydro-engineers and property surveyors that they went to the property and concluded that Smith-Ottinger’s claim that Bryant was placed face down in a pond to ensure she would die simply could not be true.

Not surprisingly, the Florida Supreme Court refused to even address Lambrix’s specifically pled claim of “fundamental miscarriage of justice” based party upon the pro-offered “expert report” of one of the country’s top homicide detectives, William Gaut, who was retained by Lambrix’s legal counsel to independently examine the case against Lambrix.

Mr. Gaut has over 40 years of experience in homicide investigations, and personally taught homicide investigation techniques in college classes. It was Mr. Gaut’s opinion after independently reviewing the case brought against Lambrix that the entire investigation and development of evidence used to convict and condemn Lambrix is “highly suspect” and not consistent with long established protocols. Quite simply, Mr. Gaut concluded that his own independent examination does support that the state’s key witness Smith-Ottinger and the state attorney’s head investigator Miles “Bob” Daniels, did conspire and collaborate together to wrongly convict and condemn Lambrix.

Why would the Florida Supreme Court deliberately ignore the overwhelming weight of this evidence? All of the records in the capital case are posted online, including the trial transcripts, appeal briefs, and other relevant actions so that anyone can read the record and decide for themselves.

The only logical conclusion is that the Florida Supreme Court is willing to deliberately put an innocent man to death for no reason but to protect the Florida Supreme Court Justice Peggy Quince, formally herself part of the prosecution team in this capital case, from being exposed for her own complicity in the prosecutorial misconduct that resulted in Michael Lambrix being – by deliberate intent – wrongfully convicted and condemned to death.

Sunday, January 10, 2010

Ghosts of Christmas Past

In the world renowned classic Christmas story “The Christmas Carol”, crabby old Scrooge was visited upon by the Ghost of the Christmas Spirit. Perhaps this tale touches each of us in it’s own way as we too each find ourselves reflecting upon what once was and what might have been if only our lives had taken a different turn at a particular fork in the road at some point so many, many moons ago.

As I write this, it is Christmas day, 2009. A with each Christmas now for over a quarter of a century I sit in a solitary cell on Florida’s death row. It has become a world of loneliness and despair, of overwhelming sense of abandonment and regret that I have become only too familiar with – a virtual hell that neither body or mind can ever truly escape from as once one has descended into the “bowels of the beast” it becomes branded forever on your soul as a never ending nightmare that one will never awaken from.

But the manmade hell of steel and stone have become the only world that I know now and although the eternal nightmare is as constant as the sun rising with each day, on some days it becomes worse and today is one of those days. Today I will again struggle with the ghosts of Christmas and find myself tormented and haunted by what once was and what might have been, if only.

Growing up in a large family, Christmas as I remember was always a traditional event. I can still recall the anxiety of awaiting Santa Claus when I was a child and smile at the memories of threats of getting put on that feared “naughty” list. More often than not for getting caught eating the Holiday cookies and treats that were always prepared and laid out on the dining room table, supposedly for the guest that might visit – but they knew that us kids would find a way to sneak the treats just at that moment when no one was watching, then quickly retreat to a hidden corner to savor the fruit of our labor.

Along the fireplace mantle, stockings would hang empty, each with our names written in glittering gold and to the nearby corner would stand a brightly lit classic Christmas tree, with the antique ornaments and flashing colored lights and ribbon of silver and gold tinsel laced upon the evergreen branches – and the on top an angel with her fragile wings spread and angelic head bowed but always watching from above.

Each Christmas Eve the ritual would repeat itself. Each of us kids would invent excuses to stay up as long as possible but inevitably march off to bed for fear that Santa Claus would not come. And fight it off as we might soon enough we would surrender to exhaustion and slip off to sleep – only to be awoken in the early morning hours with that scream that every child anxiously awaited to hear – “Santa’s come, Santa’s come!!” and suddenly as if on cue all of us kids would jump from our beds and run into the living room and be ready to receive the gifts we waited so long for.

Only now, knowing what I did not know as a child when I still believed in the magical miracle that Christmas was do In now realize just how much my father struggled to preserve the sanctity of this sacred event. When I was still so young the family business was forced into bankruptcy and almost overnight we went from being a comfortable middle-class family in the suburbs of Marin County, California to living on welfare with ten kids crowded into a two bedroom farm house in rural central Florida.

But even when our whole world was turned upside down, Christmas remained the same. Looking back, I don’t know how dad did it. Although we more often than not did not get what we asked for, we were never disappointed with what we got. Now I can only smile and cherish the memories of what once was, and even to this day it brings joy to my heart when I picture all us kids gathered around that Christmas tree, each anxiously awaiting our name to be called as dad plucked one brightly wrapped gift from beneath the treat a time and by the time it was over all that could be heard was the ripping of paper and the unsuppressed excitement and joy of children that only Christmas can bring.

That was the Ghost of Christmas past, the warm memories of what once was but will never be again. Like a wisp of wind they are so quickly gone, replaced by the cold chill of the Ghost of Christmas present and the reality of where I am today.

Now I look around me on this Christmas day and I see only empty pale pastel walls around me. As I sit here in the early morning hours sipping at my barely warm cup of black coffee, there are no sounds of children or the magic of Christmas. It is just another day, a day most of us try to ignore as we don’t really want to remember that today is Christmas – and yet, how could we forget.

Christmas on death row wasn’t always so bleak. But with each year that passed those with nothing but malice and hate in their cold hearts have gone out of their way to take from us even the spirit of Christmas itself. When I first came to death row in early 1984 Christmas was something to look forward to, a time of the year when the true spirit of Christmas penetrated even the steel and stone walls of death row.

My first Christmas on death row surprised me as I did not expect the kindness and charity of those that came into the bowels of the beast to share with us. The prison would allow church volunteers to come in and then the condemned would be led in small groups into the visiting park (a large fully enclosed dining hall). A decorated Christmas tree would be put up and the tables would be laid out with all sorts of Christmas cookies and treats. Groups of church volunteers would sit in communion with the inmates for just a few moments but in those few moments the love in their hearts became the greatest gift of all. Just as quickly we would be rushed out so the next group could be brought in. As we were handcuffed and led back to our cells the voices of the volunteers could be heard singing Christmas carols, slowly fading away as we were led further and further down the main hall towards the solid steel door that would once again open up to swallow us as we descended back down into death row.

Back then our families and friends could send in two Christmas packages with items such as shoes, or winter clothes or maybe a good radio and like little children we anxiously awaited what Christmas would bring. Even the State itself would go out of its way to make Christmas special. On Christmas morning we would awake to find a bag of fruit with apples and oranges and grapes. Only on Christmas day would the whole wing awake so early and many of the radio’s would be turned in to a local station playing classic Christmas songs in which many of the men would shamelessly sing along. Up and down the floor men could be heard trading an apple for an orange, or whatever, and many would pass out candy bars bought from the canteen and the cold-blooded killers we supposedly were became cheerful Santa Clauses to those we lived among that became our only family.

By noon the holiday meal would arrive and the trustees and officers worked overtime to pass out what the kitchen had prepared, each tray overflowing with the traditional feast of turkey and stuffing with gravy and thick juicy slices of honey baked ham and cranberry sauce and yams and so much more. Then a second tray would be brought to each cell, loaded with generous slices of chocolate cake and pumpkin pie and small plastic cups of thick fudge and dried fruit cups and again the trading would begin as each of us did our best to bargain for our favorite foods and through the day we would each slowly savor every bite.

A few weeks before Christmas the prison canteen (store) would start selling real fruitcake and boxes of chocolate mints and chocolate covered cherries that quite literally melted in your mouth, and large bags of Christmas cookies and candy. Even those who had no money got something as most of us who had enough to buy a few treats looked out for those that had nothing as that’s how it was on death row back then.

But all of that is now long gone. Each little piece of what Christmas once was stripped away until nothing remained. Each year something else was taken. Most often under the pretense of “security” concerns as those who wanted prisoners to suffer invented excuses to impose their malice upon us – especially at Christmas.

What little now remains is but a shadow of what once was. They still allow volunteers to come in as they attempt to share the spirit of Christmas with us, but no longer are we allowed sitting in momentary communion with them. The few treats they are still allowed to share with us are now brought to us at our cells, but each year they are allowed to share less and less. Today is Christmas and yet it is not. There are those who would reach out with Christian compassion and charity to the condemned on this holiest of days, but they are no longer allowed to do so.

Death row has become a different place and no longer is the spirit of Christmas among the condemned. Now each of us in our own way tries to ignore the day altogether. It would be only too easy to say that I myself have become bitter and perhaps that is true. When a man spends a quarter of a century in a solitary cell then bitterness becomes inevitably. I’d like to think that I’m stronger than that but I suppose no man is.

But this really is not about me or what I’ve become as I’m not responsible for the deprivation of even the smallest act of Christian charity that has come to define death row today. Rather, this is about what we have become as a society today, where it is now no longer enough to condemn a man to death for the alleged transgression he or she might have committed. Now as a society we thrive on making the prisoner needlessly suffer and reward politicians who invent ways to inflict even greater deprivation upon those we imprison.

What I speak of today is not about me, but about what we have become as a society. The philosopher Friedrich Nietzsche once wrote that when a man spends his life fighting monsters, his greatest fear should not be the monster itself, but should be of becoming the monster himself. When we as a society can no longer find that measure of mercy and compassion in our hearts that presumably defined us as a Christian nation, then inevitably we will awake one day to realize that the monster that we once claimed to fight now stares back at us in our mirror. Even as much as I now might be deprived of, it is we as a society that is deprived of so much more.