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Lawyer for death row inmate seeks more time to make case

Dublin Core

Title

Lawyer for death row inmate seeks more time to make case

Subject

Capital punishment
Clemency

Description

Mello files for stay of execution for Joseph Spaziano. Prosecution witness recants testimony.

Creator

Associated Press

Source

Gainesville Sun. "Lawyer for death row inmate seeks more time to make case." Gainesville Sun, September 12, 1995

Publisher

HIST 298, University of Mary Washington

Date

1995-09-12

Rights

The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source.

Format

1 JPG, 300 DPI

Language

English

Coverage

Gainesville, FL

Text Item Type Metadata

Text

The Gainesville Sun, Tuesday, September 12, 1995

Lawyer for Death Row inmate seeks more time to make case

The Associated Press

Tallahassee – The lawyer for Joseph “Crazy Joe” Spaziano
wants more time than a week to show why this client is innocent of the murder that has him scheduled for execution in two weeks.
Michael Mello, a Vermont law professor representing the former Outlaws motorcycle gang member, said he filed a motion in a Central Florida trial court Monday asking for more time.
Mello filed similar motions over the weekend to the state Supreme Court and plans to turn to the U.S. Supreme Court later this week.
But whether or not the courts give him an extension, Mello said he will not attend a hearing set for Friday because of the rush.
Spaziano, 49, is scheduled to die in Florida’s electric chair 7 a.m. Sept. 21 for the mutilation-murder of an 18-year-old Orlando woman in August 1973.
Retired Circuit Judge Robert McGregor, the judge who sentenced Spaziano nearly 20 years, scheduled a hearing for 9 a.m. Friday in Sanford into Spaziano’s claims he was wrongly convicted because the key prosecution witness lied.
Late last week, the state Supreme Court ordered the lower court to hold the hearing by Friday. At the same time, the high court refused to postpone the scheduled execution.
At the heart of Spaziano’s appeal is Anthony DiLisio, who told jurors in Spaziano’s trial that Spaziano had taken him to an Altamonte Springs dump where the body of Laura Lynn Harberts was found.
Earlier this summer, DiLisio, who now lives in Pensacola, recanted his testimony, prompting Gov. Lawton Chiles to call off an execution scheduled for June and to order the Florida Department of Law Enforcement to investigate.
Last month, Chiles said the results of the FDLE investigation settled any doubts, and he signed a fifth death warrant.
Mello said if Friday’s hearing is not delayed and does not result in a stay of execution, he will file one final request for clemency to Chiles before the execution.
Also Monday, the state office charged under the law with representing indigent death row inmates filed a motion to the state Supreme Court asking for a stay for Spaziano and clarification of its role.
Mello said Spaziano has refused to allow the office to be involved, but the high court said Friday the state office was required to provide Mellow with assistance.



Original Format

Newspaper

Contributor of the Digital Item

Hunnel, Debi

Files

Mello4_026.jpg

Citation

Associated Press, “Lawyer for death row inmate seeks more time to make case,” HIST298, accessed May 26, 2020, http://hist298.umwhistory.org/items/show/221.