Sunday, December 28, 2008

Florida prison population tops 100,000


TALLAHASSEE (AP): Officials say Florida's prison population has topped 100,000 for the first time, making it only the third state in the nation to break into six digits.


The Department of Corrections said the news came Thursday at about 8 a.m. At 100,000, Florida's prison population roughly equals incarcerating one out of every four residents of Miami or almost all the citizens of Gainesville, home to the University of Florida.


California and Texas are the only other states that incarcerate more than 100,000 people. California has approximately 170,000 behind bars; Texas 155,000.


Nationwide 1.5 million people were in U.S. prisons in 2005, according to the most recent statistics from the U.S. Department of Justice.

URL: http://www.msnbc.msn.com/id/28320313/

In 4 Florida cases CBLA testimony was used to obtain a conviction




In its review of cases in which FBI agents testified in criminal cases as to
the relationship between a particular bullet and a particular box of bullets, the Washington Post identified four Florida cases. Mr. Trease’s case was one of the four Florida cases with CBLA testimony used to obtain a conviction.

The Death Penalty Never Takes a Holiday


The Holidays and the Death Penalty December 17, 2008

Holidays can be an especially painful time for those who are caught up in the death penalty system, whether they are death row inmates, family members of death row inmates, family members of those who were executed, or murder victims' families. For them it means a permanently empty space at holiday family gatherings where their loved one would ordinarily be.

Several years ago, Juan Melendez knew that pain all too well, as he spent Christmas after Christmas on death row, an innocent victim of the death penalty system. Here is his story:

The Death Penalty Never Takes a Holiday

By Juan Melendez

The December holidays are a period of mixed emotions for death row inmates awaiting execution, knowing that any Christmas, Hanukkah, or Kwanzaa could be their last.

That’s how it was for me. I was on a Florida prison’s death row for a crime I did not commit. There was no physical evidence linking me to the killing of a beauty salon owner I never met. My conviction was based on the testimony of an informant with a criminal record. I couldn’t help in my own defense; at the time I couldn’t read or write in English. Three times the Florida Supreme Court upheld my conviction and death sentence on appeal. It took 16 years after my conviction for another set of attorneys to discover the taped confession of the man who committed the crime. If I had been on death row in Texas or Virginia during those 16 years, I would not be alive today.

The holidays on death row were the worst time, they were terrible. I was lonely. Death row was real quiet during the holidays. I wanted to be with my family. I missed my family, but I didn’t get any visitors. I can only imagine how my mother and the rest of my family felt spending Christmas without me.

There was a woman who would come to the prison with a church group, and they would hold a holiday get-together. They brought us Christmas cookies, and Christmas stockings, but the prison stopped that. Sometimes the prison would give us Christmas dinner with turkey and things like that, but it was still sad.

The hardest part was Christmas Day. We inmates used to be able to stick our hands out through the bars of our cells, but then the prison put chicken wire over the bars so we couldn’t do that anymore. Then we tried sticking our hands out through the slot in our cell doors where the guards would slide our food trays into our cells. I’ll never forget the Christmas when the guards came to each of our cells and put locks on the slots so we couldn’t open them and stick our hands out. At each cell as they put the lock on, a guard would say ‘Merry Christmas.’ It was cruel. When they came to my cell and told me ‘Merry Christmas’ as they locked up my slot, I said ‘Merry Christmas’ back to them.

I could have been released sooner than I was. The judge ruled in my favor, reversing my conviction and death sentence on December 5, 2001. I could have been home in time for Christmas with my family. But the prosecutor waited until the last minute to drop the case on January 3, 2002. So there I was, spending my 18th Christmas on death row.

Juan Melendez left prison with $100 in compensation from the state and no apologies. Today, he is a public speaker, a human rights activist, and a member of the National Coalition to Abolish the Death Penalty’s Board of Directors.

Man Named As Adam Walsh Killer Likely Killed Man On Canova Beach


Walsh Killer Suspected In Wrongly Convicted Dillon Case

Man Named As Adam Walsh Killer Likely Killed Man On Canova Beach

CANOVA BEACH, Fla. - The serial killer named this week as the murderer of Adam Walsh may have struck in Central Florida in another high-profile case.

Ottis Toole may have committed the murder for which Bill Dillon served 27 years, investigators said.

Dillon was freed last month.


What points to Toole is that he was in Brevard County and possibly on Canova Beach, known as a spot for gay sexual encounters, at the time of the crime.

The gay sex and the violence of the victim's death all point to Toole, police said.

"We have a lot of encouraging leads," said attorney Mike Pirolo.

Dillon's attorney said Toole is a reasonable suspect for the murder once blamed on Dillon.

Dillon served 27 years for the beating death of a man on Canova Beach in 1981. This week, authorities named Toole as the killer of 6-year-old Walsh.

Toole, a serial killer, died in prison a decade ago. New focus is now coming to Toole's movements.

Investigators have tracked him through Brevard County at about the time of the Canova Beach murder.

The violence of the murder matches the characteristics of Toole's other killings, and prosecutors said the killer had sex with the victim before the murder -- another of Toole's known traits. But it's unlikely that any of Toole's DNA survived to be matched against evidence in the Dillon case.

Attorneys for Dillon said the murder investigation should be reopened. The state attorney's office said there's not enough new evidence to do so.

Dillon attorneys said Toole is not the only possible killer. In fact, they are working to assemble enough evidence to name a suspect in the near future.

"The killer is out there," Pirolo said.

Dillon said he believes in his heart that Toole committed the murder for which Dillon took the blame and served more than 27 years.

Saturday, December 27, 2008

Preston’s testimony was used in at least 60 felony cases in Brevard


Letter: Tying Adam Walsh's death to Brevard cases

Law enforcement is now convinced beyond a doubt that serial killer Ottis Toole murdered 6-year-old Adam Walsh after abducting him on July 27, 1981.

The Walsh family will be spared the trauma of a trial. Behind bars for other homicides and suffering from AIDS, Toole died from liver failure in 1996. Toole was a homosexual.

Toole was in Vero Beach within two weeks of Adam’s abduction. It doesn’t take any stretch of imagination to consider that Toole could have traveled north to Indian Harbour Beach’s reputed hotspot of homosexual activity — Canova Beach — and bludgeoned James Dvorak to death on Aug. 17, 1981.

Bill Dillon spent 27 years behind bars for Dvorak’s homicide; the charges against him were dropped earlier this month.

Some reports have Toole traveling with a male companion. In July, DNA evidence on a bloody T-shirt excluded Dillon, pointing to two others.

A dozen disgusting words appeared in a Dec. 12 Orlando Sentinel article about Dillon: “(John) Preston’s testimony was used in at least 60 felony cases in Brevard.”

Sixty cases!

Only two of Preston’s Brevard appearances had previously surfaced — Juan Ramos was acquitted at retrial in 1987; Wilton Dedge was DNA exonerated in 2004.

On ABC’s “20/20” in 1984, Geraldo Rivera discredited Preston’s wild claims about his tracking dogs’ ability to follow months old trails and locate submerged evidence.

In 1984, when elected as State Attorney, Norm Wolfinger switched sides, moving from damning Preston and defending Ramos to praising Preston and prosecuting Dedge and Dillon.

Gov. Charlie Crist, like Gov. Jeb Bush before him, is inexplicably ignoring pleas to order an investigation to find out if Preston fingered others who weren’t guilty.

Unrelated, clouded Brevard convictions had been brought to their attention. There’s no such thing as a disposable Floridian; it’s time for Crist to respond reasonably or resign.

Susan Chandler

Vero Beach

Florida Exoneration Reveals a Lack of Prosecutorial Accountability


The Justice Project

Florida Exoneration Reveals a Lack of Prosecutorial Accountability

December 15, 2008

By John F. Terzano

http://www.thejusticeproject.org/blog/florida-exoneration-reveals-a-lack-of-prosecutorial-accountability/

Last week, after spending 28 years in prison for a murder he did not commit William Dillon was finally freed. DNA testing conducted by the Florida Innocence Project convinced prosecutors in Brevard County, Florida not to re-try Dillon for the 1981 murder. A story in the Florida Today newspaper recounted the numerous acts of prosecutorial misconduct in Dillon’s case that led to this miscarriage of justice.

Dillon was convicted based on the testimony of a handful of unreliable witnesses, including a discredited expert, whose testimony was used to convict two other men in Florida - Wilton Dedge and Juan Ramos. Both of their convictions were later overturned. Another questionable tactic that led to Dillon’s wrongful conviction included the use of a witness who slept with an investigator for the State. She later recanted her story but the damage had already been done.

This is not the first time prosecutorial misconduct played a role in a wrongful conviction. Dillon’s case only represents one of what may have become a common occurrence in the Florida State Attorney’s office.

Evidence of pervasive prosecutorial misconduct in Florida is not inconsistent with other national studies on this issue. In 2003, a study conducted by the Center for Public Integrity found that since 1970, at least 2,012 convictions, indictments, or sentences have been reversed due to prosecutorial misconduct. By analyzing the data provided by the Center for Public Integrity, The Justice Project found that in the state of Florida specifically, of the cases that were reviewed by the courts on claims of prosecutorial misconduct, over 44% of those cases were eventually overturned. This rate of misconduct is much greater than any other state reviewed in the study.

Procedural reforms, such as those outlined in The Justice Project’s policy reviews on jailhouse snitch testimony, expanded discovery laws, and the practice and use of forensic science, can curb the ability of prosecutors to utilize unreliable witnesses, withhold important exculpatory evidence, or present faulty forensic evidence. However, without prosecutorial accountability, prosecutorial misconduct can still lead to wrongful convictions. Unfortunately, both national and local studies of prosecutorial misconduct reveal that prosecutors are rarely punished even for the most egregious abuses of power. Within the criminal justice system, there is a dangerous and pervasive lack of prosecutorial accountability. Nowhere is this lack of accountability more clear than in the state of Florida.

As such, I join Florida Today and the Florida Innocence Project in their call for a special investigation into the Florida State Attorney’s office. Abuse of prosecutorial power only facilitates wrongful convictions, subverts justice, and jeopardizes public safety. Investigating the prosecutors who might be responsible for the miscarriages of justice in Florida would be a critical first step in preventing acts of misconduct in the future.

In 2009, the Justice Project will release Prosecutorial Accountability: A Policy Review, which will detail comprehensive recommendations for an effective system of prosecutorial accountability. Only when the most powerful actors in the criminal justice system are held accountable for their actions, and sanctioned for their misconduct, can states be confident in the fairness and reliability of criminal trials.

Juan Ramos


32. Juan Ramos Florida Conviction: 1983, Acquitted: 1987
Despite a jury recommendation of life in prison, Juan Ramos was sentenced to death for rape and murder. No physical evidence linked Ramos to the victim or the scene of the crime. The Florida Supreme Court granted Ramos a new trial because of the prosecution's improper use of evidence. At retrial, Ramos was acquitted. (Ramos v. State, 496 So.2d 121 (Fla. 1986) and St. Petersburg Times, 7/9/99).
Read "Freed From Death Row" by Sydney Freedberg in The St. Petersburg Times

Joseph Green Brown

1987 27. Joseph Green Brown Florida Conviction: 1974, Charges Dismissed: 1987
Charges were dropped after the 11th Circuit Court of Appeals ruled that the prosecution had knowingly allowed false testimony to be introduced at trial. Brown was convicted of first-degree murder and sentenced to death on the testimony of Ronald Floyd, a co-conspirator who claimed he heard Brown confess to the murder. Floyd later retracted and admitted his testimony was lie. Brown came within 13 hours of execution when a new trial was ordered. Brown was released a year later when the state decided not to retry the case. (Brown v. Wainwright, 785 F.2d 1457 (11th Cir. 1986); Los Angeles Times, 5/10/87; and Charlotte Observer, 3/8/87).
Read "Yes, I'm Angry..." by Sydney Freedberg in The St. Petersburg Times
Read "Fourteen Years..." by George Anderson in America Magazine

My First Christmas in 20 Years


I’m writing with the warmest of holiday wishes, from my family to yours. I spent
Christmas Day at home yesterday for the first time in 20 years, and I can’t begin to describe how good it felt. After watching Christmas pass me by 20 times while sitting in a cell for a crime I didn’t commit, it feels like a miracle to spend the holidays with the people I love.

Steve Barnes

I'm enjoying every moment of my freedom, but I am also aware that I left innocent people behind. The Innocence Project needs your support today to make freedom possible for more people like me, and all donations before midnight on December 31 will be matched. Please click here to donate.

I always liked Christmas when I was growing up. I would help my Mom decorate the tree and we’d spend the holiday all together as a family. In 1989, all of that changed. Based on almost no evidence at all, I was convicted of a murder I didn’t commit. I was just 23 years old and I thought I may never see the outside world again.

Christmas is a depressing day in prison. They lock you in your cell early on Christmas Eve so the officers can go home to be with their families. Those of us with families were wishing we could be with them, and I know it was even harder for the guys with nobody on the outside.

Thanks to the Innocence Project — and the dedicated supporters around the world whose donations make their work possible — I was freed two days before Thanksgiving. My first month of freedom has been a dream. I have reconnected with friends and family I haven’t seen in two decades and everyone has been so helpful and welcoming. My birthday is in January and some friends are planning to throw one big birthday party to cover my 23rd birthday all the way to my 43rd.

When you’re in prison for a crime you didn’t commit, your family does the time with you. My Mom and my sister Lisa visited me every two weeks for 20 years. My sister Shelly and my brother Shawn stayed in touch through the mail. They told me they wouldn’t rest until I was free, and here I am. I’m asking you today to please make a donation that could change the lives of another family like mine.

Your commitment to justice means the world to me and my family, and I thank you for all that you do.

Please click here to donate to the Innocence Project

Innocence Project 122608

Out of prison, Brevard man rejoices with family

Out of prison, Brevard man rejoices with family

From right, William Dillon sits with his mother Amy, father Joe and brother David at his home in Satellite Beach.

Craig Bailey, Florida Today

From right, William Dillon sits with his mother Amy, father Joe and brother David at his home in Satellite Beach.

SATELLITE BEACH -- The guy in the red suit could have done very little last night to make the Dillon family's Christmas any happier.

David Dillon said he wanted a miracle for his brother, and the family said that's what they received.

The holiday came two weeks early when the state dropped all charges against 49-year-old William Dillon, who had spent 27 years of a life sentence in prison for a 1981 homicide. He had been given a new trial based on new DNA evidence in November.

The last Christmas that Dillon spent with his family was in 1980.

"This is something we didn't expect. It's such happiness. It's unbelievable," his father, Joe Dillon, said at his Satellite Beach home. "This is everyone's present. We don't need any other presents."

Dillon, his parents, two brothers and a sister are spending the holidays celebrating his freedom and thanking God.

"Christmas is about celebrating the birth of Jesus Christ, and this year, it means even more to our family because we have been given a special gift," said Dillon's sister, Debbie Lohse of Orlando. "Our family is very blessed this Christmas season to be able to rejoice and celebrate with Bill after more than 30 years."

Faith plays a strong part in the family's day-to-day lives, and it's what Dillon credits for helping him survive nearly three decades behind bars.

"I was angry, and I was bitter, and God took it all that away," he said with a smile. "I'm so happy for everyone. God gave me a Christmas present by just letting me slip out that door."

'An ordinary day'

The family Christmas tree is new -- to celebrate Dillon's return -- and is decorated with gold, blue and red ornaments. A giant, inflatable snowman stands guard on the front lawn, a far cry from the Christmases spent in the Hardee Correctional Institution and the Florida State Prison.

"Christmas in prison?" he asked, emphasizing the irony of the statement. "Christmas in prison is morbid, morbid, morbid. It's sorrow and sadness. In there, Christmas is loneliness.

"There's a lot of attempted suicides in prison at this time of year. People remember being with the people they love because that's what Christmas is about -- love, not presents or other things. It's just a morbid situation in there."

Dillon said it's been years since the prison personnel tried making Christmas anything but an ordinary day for the incarcerated.

"They used to do special things," he said. "But they don't do that anymore. Now, they might substitute chicken that day instead of the regular menu, but that's about it."

During his first few years in prison, Dillon's family could send him Christmas presents such as radios, sneakers and his favorite snack, peanut brittle. But that changed as prisons began cracking down on contraband. Families were allowed to send only money for spending in the commissary.

'Years without Bill'

Christmases at the Dillon house were not much cheerier.

"It was never the same without Bill," Joe Dillon said slowly. "He was always included in our prayers. Having him now is just unbelievable."

Dillon's mother, Amy Dillon, said Christmas was a difficult time of the year, especially because she couldn't stop it from coming.

"Life goes on. Unfortunately, it does," she said. "You just live day by day, and you go year by year. We tried to make the most of it for our other children and our seven grandchildren."

During the past few weeks, Dillon has gotten to know his family members again, found a job at an auto parts store, gotten a cell phone and learned about DVDs and the Internet. He also has bought a car.

No one in the family talks with regret about the missed memories.

"Bill has missed so many years of birthdays, weddings, births of our kids and special holidays," Lohse said. "We can't make up for all those lost years without Bill, but we can start enjoying the years we have ahead to spend with him."

Why is the jail overcrowded?


Why is the jail overcrowded?

Judge focuses on jail crowding, reforms

BY RICK NEALE
FLORIDA TODAY

A senior Florida judge soon will meet individually with Brevard County commissioners about chronic jail overcrowding in Sharpes.

In July, Charles Edelstein submitted a 115-page report citing criminal-justice changes that may alleviate cramped conditions at the 1,701-bed Brevard County Jail Complex.

Inmates filed a federal class-action lawsuit in 1983 -- but overcrowding remains unresolved a quarter-century later.

The jail routinely exceeds its inmate capacity: Average monthly population was 1,802 last year, records show.

By a 4-1 vote earlier this month, the commission decided to contract with Edelstein for up to $5,000 in jail-crowding consulting services. He will travel to Brevard from his Miami office and brief newly elected commissioners Andy Anderson, Robin Fisher and Trudie Infantini.

Edelstein will earn $100 an hour, which includes travel expenses. The contract extends through Jan. 31.

Infantini cast the sole no vote. Saying the county shelled out more than $400,000 for outside legal counsel last year, she wanted in-house attorneys to brief her instead.

"I don't need the author of any book to tell me what it says in the book. You should be able to read it, and another attorney can communicate that," Infantini said.

However, County Attorney Scott Knox said Edelstein has done similar jail-crowding studies across the country, and he knows "intimate details" his staffers do not.

Commissioner Mary Bolin backed the contract. She said she was impressed during a previous meeting with Edelstein.

"He is unbiased. He came into my office, and told me the facts, Jack. And I didn't agree with him. I violently opposed a lot of the issues he was coming forward with," Bolin said. "But that was his job -- to tell me the truth, and the way it should be."

Edelstein's report, "Overcrowding at the Brevard County Jail: Assessments and Recommendations," spawned four committees that are meeting in private under federal mediation guidelines.

Contact Neale at 242-3638 or rneale@floridatoday.com.

Additional Facts
Why is the jail overcrowded?

Failure to promptly resolve criminal cases.

Not enough inmates released during the pretrial portion of their criminal cases.

Most inmates booked for probation violations with new charges are held without bond.

Too many inmates booked for technical probation violations, such as failure to pay fines, are jailed until the matter is resolved.

Too many inmates booked for failure to appear in court are jailed until the case is closed.
-- "Overcrowding at the Brevard County Jail: Assessments and Recommendations" by Charles Edelstein


--------------------------------------------------------------------------------

Sunday, December 21, 2008

Injustice's proof


December 21, 2008

Injustice's proof

Evidence flaws compel closer look at innocence claims

http://www.news-journalonline.com/NewsJournalOnline/Opinion/Editorials/opnOPN84122108.htm

Two Florida men will have the opportunity this week to spend Christmas with their families. Not so remarkable -- until you realize that the state took 27 such Christmases from William Dillon, and 10 from Jimmy Ates. Both were incarcerated for crimes they almost certainly did not commit.

Ates is the most recent prisoner to be freed after authorities admitted they never had proper evidence to convict him. According to the Innocence Project of Florida, he's the first person in the country to be freed after the Federal Bureau of Investigation agreed that the key evidence against him -- a bullet "fingerprinting" technique known as Comparative Bullet Lead Analysis -- was little more than junk science.

According to an FBI ballistics analyst, the metallic composition of bullets used to kill Ates' wife, Norma Jean, matched bullets from a box of ammunition found in Jimmy Ates' house. Before FBI analyst Kathleen Lundy testified that the bullets matched, prosecutors in two judicial circuits had declined to prosecute Ates for his wife's murder, citing a lack of evidence. "Without (Lundy's) testimony, Ates never would have been convicted," said David Menschel, legal director of the Innocence Project of Florida.

Ates is free (unless Okaloosa County prosecutors decide to retry him, which seems unlikely) but the Innocence Project claims that the same dubious technique was used in 1,500 cases nationwide, and "compromised the integrity" of at least 16 Florida cases. That puts the burden on the state to take another look at these cases, disregarding the bullet-analysis testimony to see whether the cases still hold up. The state would be following the FBI's lead -- to its credit, the nation's top law-enforcement agency also is reviewing those cases, and it was an FBI notification that persuaded the state to reconsider the Ates case.

To ensure the most impartial review, Gov. Charlie Crist should appoint a special prosecutor who would look at each case identified by the Innocence Project, and take action free of any bias or need to protect past convictions.

That prosecutor also should dig into the facts behind Dillon's wrongful conviction. Dillon, released in November, was convicted in 1981 of murdering James Dvorak -- a guilty verdict built on a shaky collection of evidence, including a dog handler who identified Dillon by scent (a technique that has since been widely discredited), a jailhouse "snitch" who testified that Dillon had confessed to the crime and a T-shirt with the murdered man's blood on it. That T-shirt, originally seen as damning evidence against Dillon, eventually helped set him free: DNA testing on the shirt proved that Dillon was not the killer.

The most disturbing facet of Dillon's case centers on the snitch, Roger Dale Chapman. Evidence now proves that Dillon did not murder Dvorak -- yet Chapman had details of the crime that had not been publicly disclosed, a fact that lent his testimony credence. Since Dillon could not have been the source of the details, where did they come from?

The Innocence Project claims to have documented a long-standing problem in Brevard County involving the use of snitches. Crist should ask the special prosecutor to take a close look at all cases that have been identified as questionable. At the same time, he should work with the Legislature to write new guidelines, intended to reduce the chances of false-snitch testimony.

The fact that Dillon and Ates are home this holiday season is something to celebrate. But it also is cause to wonder: How many more innocent people will be spending this Christmas behind bars? More important: What does the state intend to do about it? Answering those questions should be a moral imperative for any leader who values justice.

Is Robert Trease innocent too?


Attorneys appeal to save man from death row

Discredited bullet analysis method put the defendant on death row

By TODD RUGER
todd.ruger@heraldtribune.com

Robert Trease might not be on death row, were it not for one bullet investigators found in his girlfriend's pickup truck.

Prosecutors cut a deal with his girlfriend that allowed her to avoid the death penalty if she testified that it was Trease who shot and slit the throat of a Lido Key man in 1995, even though a cellmate said that the girlfriend confessed to killing the man herself.

But because no blood, hair or other physical evidence linked Trease to the murder of the Sarasota car dealer, prosecutors still needed other witnesses to back up her story and connect the bullet to the crime.

They called on an FBI crime lab expert who used a process called bullet lead analysis to tell the jury how the ammunition from the truck was manufactured at the same plant at the same time as bullet fragments found at the murder scene.

But the forensic technique has been discredited in the 10 years since Trease took up residence on death row, and several defendants nationwide have already won their freedom or a new trial by appealing bullet lead analysis testimony.

In November, the FBI offered to work with defense attorneys to make sure the lead analysis did not help imprison innocent people in the hundreds of cases where their experts testified.

One judge has already denied another hearing over the evidence that convicted Trease, who has always maintained his innocence.

A frustrated Trease wrote the Florida Supreme Court in September asking to be put to death now.

His death warrant had already been signed.

But now his appeals lawyers will be asking the same justices to take another look at the "voodoo science" and the other evidence that helped put him behind bars.

Trease's case dates back to August 1995, when a house cleaner found Paul Edenson dead in his Lido Key home. Edenson had been shot in the head, leaving only bullet fragments, and his throat had been slashed three times.

Hope Siegel's truck was spotted in front of Edenson's house that night. Other witnesses saw Trease and Siegel, his girlfriend, in bars and walking in the neighborhood the night of the killing.

Police found the truck in Pennsylvania days later and arrested Trease and Siegel. They found a 9-millimeter Glock gun in the apartment where the couple were staying, and bullets in a gym bag in her car.

Trease denied any knowledge of the crime. Siegel told police Trease made her arrange a "date" with the car dealer so they could rob his safe.

There was no murder weapon. But the state argued it was the Glock found in the Pennsylvania apartment, and called FBI analyst Kathleen Lundy to testify about the bullet lead analysis.

A bullet in the truck and the fragments at the crime scene were all manufactured from the same source of lead at an ammunition plant in Minnesota on the same day, or during a short time period.

Siegel's first-degree murder charge was reduced to a 20-year prison sentence after she told it to the jury.

But five years later, a report from the National Academies' National Research Council concluded that there is inadequate data to support statements that a crime scene bullet came from a particular box of ammunition or that it was manufactured on a given date.

"Attorneys, judges, juries and even expert witnesses can easily and inadvertently misunderstand and misrepresent the analysis of the evidence and its importance," the report stated.

The FBI stopped using the technique in 2005. But in November, the Washington Post and "60 Minutes" reported that the FBI had never gone back to determine how many times its scientists misled jurors.

That prompted the FBI to announce that it would review transcripts of the trials of those convicted with the help of bullet lead analysis, including the cases of Trease and three other Florida death row inmates.

It is hard to say how important the FBI testimony was to the jury, and getting a hearing for new evidence is an uphill battle. But some death penalty experts say this issue has a good chance to be heard.

Trease's attorneys say there is other evidence they want heard, including that Lundy, the FBI expert, was convicted of giving false testimony in another case and that a 9-millimeter Baretta and ammo belonging to Edenson were mysteriously documented as evidence six months after the trial.

Last modified: January 06. 2008 12:00AM

FBI reels from wrongdoing by workers


FBI reels from wrongdoing by workers

©Associated Press
April 16, 2003

WASHINGTON -- Reformed after controversy in the mid 1990s, the FBI crime lab is dealing with new wrongdoing by employees that has opened the door for challenges of the lab's science in scores of cases involving DNA and bullet analysis, internal documents show.

An FBI lab scientist, who connected suspects to bullets through lead analysis, has been indicted after admitting she gave false testimony, and a technician has resigned while under investigation for improper testing of more than 100 DNA samples, according to records and interviews.

In addition, one of the lab's retired metallurgists is challenging the bureau's science on bullet analysis, prompting the FBI to ask the National Academy of Sciences to review its methodology, the records obtained by the Associated Press show.

FBI lab director Dwight Adams said detection of the problems illustrates reforms are working.

"The difference is these are being caught and dealt with swiftly. Our quality assurance program is in place to root out these problems, incompetence and inaccurate testimonies," Adams said. "These weren't fortuitous catches. They were on purpose."

Defense lawyers are mounting challenges in high-profile cases handled by the two employees and are questioning the FBI's project to build a national DNA database that will help law enforcement identify suspects based on their genetic fingerprints.

"We all have assumed the scientists are telling the truth because they do it with authority and tests. And as a result FBI scientists have gotten away with voodoo science," said Lawrence Goldman, president of the National Association of Criminal Defense Lawyers.

The Justice Department's internal watchdog is investigating FBI lab technician Jacqueline Blake for allegedly failing to follow proper scientific procedure when analyzing DNA in at least 103 cases over the past few years, officials said.

The officials said they have found the technician failed to compare the DNA evidence with control samples, a required step to ensure the accuracy of tests. Blake has resigned.

Blake's work has become an issue in a prominent case in New Jersey, where five police officers are challenging blood evidence she analyzed that was used to convict them of federal civil rights violations in a prisoner's death.

FBI officials have taken steps to protect the national DNA registry in light of the allegations against Blake and separate revelations of problems in DNA analysis at the Houston police crime lab.

In Blake's case, 29 DNA samples she placed into the database were removed and are being reanalyzed. The review has not found any instances in which her DNA analysis was inaccurate, and those samples have been re-entered, Adams said.

FBI officials recently banned the Houston lab from entering DNA samples into the national registry. Houston-area judges have requested a grand jury investigation into the lab's practices.

The FBI made widespread changes in the mid 1990s after its lab was rocked by a whistleblower's allegations and an investigation that found shoddy science by several lab examiners. AP reported last month Justice officials have identified about 3,000 cases that might have been affected by those problems and have let prosecutors decide whether to notify defendants.

Improper testimony by FBI hair and fiber expert Michael Malone was reported by St. Petersburg Times writer Sydney Freedberg in 2001. Justice Department reviews found Malone, who retired in 1999, gave improper testimony in at least 17 Hillsborough County cases and two Pasco County cases.

The new problems surfaced in the last year.

FBI lab scientist Kathleen Lundy, an expert witness in murder trials who performs chemical comparisons of lead bullets, was indicted this year on a charge of misdemeanor false swearing by Kentucky authorities after she acknowledged she knowingly gave false testimony in a 2002 pretrial hearing for a man accused of murdering a University of Kentucky football player.

Lundy informed her FBI superiors of the false testimony a couple of months after it occurred. By that time she had corrected her pretrial testimony at the trial and had been questioned about it by defense lawyers. Federal authorities decided not to prosecute her, but Kentucky prosecutors brought the misdemeanor charge.

In memos and an affidavit, Lundy said she had an opportunity to correct her erroneous testimony at the hearing, but didn't.

"I had to admit it was worse than being evasive or not correcting the record. It was simply not telling the truth," Lundy wrote in a memo to a superior.

"I cannot explain why I made the original error in my testimony . . . nor why, knowing that the testimony was false, I failed to correct it at the time," Lundy wrote in a subsequent affidavit. "I was stressed out by this case and work in general."

Adams said the FBI remains confident its lead bullet analysis is based upon "a proper foundation" but nonetheless has asked the National Academy of Sciences to review the lab's work.

"We do anticipate some suggestions, ways to improve what we already do and we'll gladly look at that," Adams said.

FBI Labs, Technicians Under Investigation

From Capital Defense Weekly :

FBI Labs, Technicians Under Investigation

Less than a decade after the FBI laboratories took steps to reform forensic practices in order to eliminate shoddy procedures and improve accuracy, the Bureau is now facing new concerns that experts are not following proper lab protocol and are jeopardizing cases by giving false testimony. Among the concerns outlined in internal FBI documents is the work of scientist Kathleen Lundy, who recently told her superiors that she knowingly gave false testimony about her specialty of lead bullet analysis during a court hearing involving a Kentucky murder. Retired FBI metallurgist William Tobin has also called Lundy's work into question, noting that he had long suspected while working alongside the bureau's lead bullet analysts that they were engaged in inaccurate science. He asserted that the scientists regularly stretched their conclusions when testifying.
The work of lab technician Jacqueline Blake is also under scrutiny by the Bureau. An internal FBI watchdog investigation revealed that Blake, who recently resigned from the lab, failed to follow proper scientific procedure when analyzing DNA in at least 103 cases over the past few years. (Associated Press, April 15, 2003) See Innocence.

Saturday, December 20, 2008

FBI examiner Kathleen Lundy - in how many Florida cases did she testify?

http://www.oranous.com/innocence/JimmyAtes/SSRN-id1083735.pdf

From attached report:

As part of her job responsibilities, Kathleen Lundy, an FBI
examiner, performed comparative bullet lead analysis (“CBLA”), a
process that compares trace chemicals found in bullets at crime scenes
with ammunition found in the possession of a suspect.254 For over
thirty years, FBI experts had testified about bullet lead composition, a
technique that was first used in the investigation into President
Kennedy’s assassination.255 The technique was not seriously
challenged until a retired FBI examiner, William Tobin, began
questioning the procedure in scientific and legal journals,256 as well
as
in-court testimony.257


In Ragland v. Commonwealth,258 a Kentucky murder case, Lundy
got herself in trouble while testifying at a pretrial admissibility
hearing.259 She stated that the elemental composition of a .243 caliber
bullet fragment removed from the victim’s body was “analytically
indistinguishable” from bullets found at the home of the defendant’s
parents.260 Lundy further testified that the Winchester Company
purchased its bullet lead in block form prior to 1996 and then
remelted it at its manufacturing plant.261 During cross-examination at
trial, however, Lundy admitted that she knew prior to the hearing
that Winchester had purchased its lead in billet form in 1994.262 This
was not a minor point. Millions more bullets could have the same
“source” if they were last melted by a secondary smelter instead of by
Winchester.263 Lundy subsequently admitted to her superiors that she
had lied,264 and on June 17, 2003, she pleaded guilty to testifying
falsely and was sentenced to a suspended ninety-day jail sentence and
a $250 fine.265

The underlying problems with CBLA went beyond Lundy’s
prevarication. Although CBLA evidence had been used in trials for
over three decades, few studies had been published on the
technique.266 Nevertheless, until recently, the courts admitted this
evidence. The published cases reveal a wide variety of interpretive
conclusions. In some cases, experts testified only that two exhibits
were “analytically indistinguishable.”267 In other cases, experts
concluded that samples could have come from the same source or
“batch”268; in still others, experts stated that the samples came from
the same source.269 The testimony in a number of cases went further
and referred to a “box” of ammunition (usually fifty loaded
cartridges, sometimes twenty). For example, two specimens:

• could have come from the same box270;
• could have come from the same box or a box
manufactured on the same day271;
• were consistent with their having come from the same
box of ammunition272;
• probably came from the same box273;
• must have come from the same box or from another box
that would have been made by the same company on
the same day.274

Several other (and different) statements appear in the opinions.
An early case reported that the specimens “had come from the same
batch of ammunition: they had been made by the same manufacturer
on the same day and at the same hour.”275 One case reports the
expert’s conclusion with a statistic.276 In another case, the court
discussed the expert’s testimony using the expressions “such a finding
is rare”277 and “a very rare finding.”278 In still another case, the
expert
“opined that the same company produced the bullets at the same
time, using the same lead source. Based upon Department of Justice
records, she opined that an overseas company called PMC produced
the bullets around 1982.”279 Thus, FBI experts ignored the limitations
of the technique in many cases. Further, as these cases demonstrate,
the testimony was not consistent among the Bureau’s own experts,
suggesting that the FBI was not monitoring the trial testimony.

The 60 minutes video on flawed science


In a joint investigation, 60 Minutes' Steve Kroft and The Washington Post's John Solomon report on a flawed science used in the convictions of hundreds of defendants, dozens of whom may be innocent.

See the 60 minutes video


http://www.washingtonpost.com/wp-dyn/content/video/2007/11/18/VI2007111801096.html

Evidence Of Injustice

Evidence Of Injustice

In a joint investigation, 60 Minutes' Steve Kroft and The Washington Post's John Solomon report on a flawed science used in the convictions of hundreds of defendants, dozens of whom may be innocent.


Inside The FBI

See the bureau's highs and lows in this interactive portrait of the crime-fighting agency.



Stories

To learn more about the bullet lead cases we uncovered in this project, click here.
CBS) This segment was originally broadcast on Nov. 18, 2007. It was updated on Sept. 12, 2008.

Aside from eyewitness testimony, some of the most believable evidence presented in criminal cases in the United States comes from the FBI crime laboratory in Quantico, Va. Part of its job is to test and analyze everything from ballistics to DNA for state and local prosecutors around the country, introducing scientific credibility to often murky cases.

But a six-month investigation by 60 Minutes and The Washington Post last November showed that there are hundreds of defendants imprisoned around the country who were convicted with the help of a now discredited forensic tool, and that the FBI never notified them, their lawyers, or the courts, that the their cases may have been affected by faulty testimony.

The science, called bullet lead analysis, was used by the FBI for 40 years in thousands of cases, and some of the people it helped put in jail may be innocent.

As correspondent Steve Kroft reports, one of them is Lee Wayne Hunt, who is now serving a life sentence for murder in North Carolina.



Lee Wayne Hunt tells Kroft he's been behind bars for over 22 years and 6 months, and maintains he's an innocent man. "What I've said from the word get go that I ain't -- never killed nobody. I didn't have nothing to do with this," he says.

Hunt was convicted in 1986 of murdering two people in Fayetteville, N.C., based on the testimony of two questionable witnesses and what turned out to be erroneous ballistics testimony from the FBI lab.

For years, the FBI believed that lead in bullets had unique chemical signatures, and that by breaking them down and analyzing them, it was possible to match bullets, not only to a single batch of ammunition coming out of a factory, but to a single box of bullets. And that is what the FBI did in the case of Lee Wayne Hunt, tying a bullet fragment found where the murders took place to a box of bullets the prosecutors linked to Hunt.

"I put it exactly the way it sounded to me, and the way that I believe it to be," Hunt says. "He said that this box of bullets is the same box of bullets that was used to kill these people, made on, about the same time."

"I think everybody in the courtroom assumed that this was valid evidence," says Hunt's attorney, Richard Rosen.

Asked how important he thinks this was to his client's conviction, Rosen says, "I thought it was very important to our client's conviction. It was the single piece of physical evidence corroborating their story. And it came from, you know, it came from the mountaintop."

The FBI first used bullet lead analysis while investigating the assassination of John F. Kennedy, trying to match pieces of bullets discovered at Dealey Plaza with bullets found in Lee Harvey Oswald's rifle.

By the 1980's, the FBI was routinely using this analysis to link bullet fragments found at a crime scene with bullets found in the possession of a suspect, almost always in cases where more reliable ballistics tests were impossible.

"And could you run like a standard ballistics test on this?" Kroft asks William Tobin, a former chief metallurgist for the FBI.

"No," Tobin says. "They're too deformed for the conventional ballistics examinations."

Tobin says the Quantico lab was the only place in the country that did bullet lead analysis, and the assertion that you could actually match a bullet fragment to a specific batch or box of bullets went unchallenged for 40 years -- until Tobin retired in 1998 and decided to do his own study, discovering that the basic premise had never actually been scientifically tested.

"FBI lab personnel testified that you could match these fragments to this bullet," Kroft remarks.

"Yes, that's correct," Tobin says.

Asked what he found out, Tobin tells Kroft, "It hadn't been based on science at all, but rather had been based on subjective belief for over four decades."

"So what you're saying is that this is junk science?" Kroft asks.

"That's correct," Tobin says. "It's worthless as a forensic tool."

Answers.com

(CBS) Adams says he sent a memo to FBI Director Robert Mueller, stating "we cannot afford to be misleading to a jury" and "we plan to discourage prosecutors from using our previous results in future prosecutions."

But neither the FBI, nor the Justice Department, made an attempt to identify the cases in which flawed testimony had been given, or to notify the defendants, prosecutors or judges involved.

"I think it's a failure on the part of the lawyers at the Department of Justice to own up to a very, very serious error," says Berry Scheck, a director of "The Innocence Project."

The organization has helped free more than 200 wrongly convicted defendants. He says the Justice Department has a legal obligation to notify defendants about any information that might help prove their innocence, even after they have been convicted.

"When federal agents come into court and testify to something that we now know was scientific error that could be crucial, crucial evidence in serious cases … you've gotta go in and make a serious, realistic effort to give people a chance to correct the errors. That's only fair," Scheck argues.

"You can't even begin to talk about raising this issue on appeal if the people involved don't know it happened," he adds.

Only the FBI can identify the cases in which bullet lead analysis was performed, yet it has resisted releasing that information

So 60 Minutes joined forces with The Washington Post to see if we could find some of the cases ourselves. Our producers and Post reporter John Solomon worked with The Innocence Project and a team of summer associates from the New York law firm Skadden, Arps, who conducted computer sweeps of court files.

We managed to identify 250 cases in which bullet lead testimony was a factor, and a dozen where it played a pivotal role in deciding the outcome. And that's after looking at only a small percentage of the total cases.

"There's all together something like 2,500 cases that the FBI analyzed since the 80s. There could be, you know, 30, 40, 50, who knows -- instances where people were wrongfully convicted," Scheck says.

A half a dozen defendants, like a North Carolina pastor who was accused of killing his son-in-law, have already won their freedom or a new trial by appealing bullet lead testimony.

Others, like a Baltimore police sergeant convicted of murdering his girlfriend, and Lee Wayne Hunt, are still in jail.

"I never denied that I was a marijuana dealer in Cumberland County. But I'm denyin' that I ever killed anybody," Hunt says.

"We had fraudulent scientific evidence, that the only concrete evidence that was used in this case, the only physical evidence, was bogus," Hunt's lawyer Richard Rosen tells Kroft.

But Lee Wayne Hunt and his attorney aren't the only ones who believe Hunt was wrongly convicted with bullet lead testimony. At a hearing in January, the case took a strange twist when Staples Hughes, the appellate defender for the state of North Carolina came forward and revealed a secret that he had been keeping for more than 20 years.

"The thing that makes this so terrible is that Lee Wayne Hunt didn't do it. That's what makes it so terrible. He didn't do it. He's not guilty," Hughes says.

Hughes says he's sure of that.

Twenty-two years ago, as a young public defender, Hughes was representing Lee Wayne Hunt's co-defendant in the double murder that sent him to prison for life.

Hughes says his client, Jerry Cashwell, told him in great detail, shortly after he was arrested, how he alone had committed the double murder. Lee Wayne Hunt, he said, wasn't even there. But because of the attorney-client privilege, Staples Hughes was duty-bound to keep the secret.


“If there is a true and just God…”

Existentialism rejects the notion that there is any "created" meaning to life and the world and that a leap of faith is required of man in order for
him to live an authentic life. There is no true and just God, just the meaning of life proposed by the Dominants.

Dave Matthews screamed "Halloween". It frightened me, but I liked it :-)

(CBS) "It was sort of one of those moments that stops you completely still," Hughes says. "You know, my client's saying, 'Not only did I kill two people, but these other folks didn't have anything to do with it. The state's case is a lie. It's a fabrication.'"

Asked if he tried to get Cashwell to tell that to the authorities, Hughes says, "No."

Because?

"I'm his lawyer," Hughes says. "It wasn't in his interest to tell, to have that known at all."

"Because he could have been facing the death penalty?" Kroft asks.

"He was facing the death penalty. It wasn't theoretical," Hughes says.

Asked if this bothered him, Hughes tells Kroft, "It bothered me most when Mr. Hunt was being tried. And it's bothered me ever since. There wasn’t anything I could do about it. But I knew they were trying a guy who didn’t do it."

It wasn't until his client committed suicide in prison that Hughes felt he could come forward to tell his story in court. But instead of being commended for coming forward to clear an innocent man, the judge threw out his testimony and reported Hughes to the North Carolina bar for violating attorney-client privilege, even though his client was dead.

"I'm not too happy to be in the position I am in now," Hughes says. "But there's a guy in prison for somethin' he didn't do."

It's impossible to know right now how many other bullet lead cases like this there may be out there in the netherworld of the criminal justice system. But Dwight Adams, the former FBI lab director who began to have doubts about the science, believes it's time for the government to reveal all of the information.

"I don't believe there is anything that we should be hiding," Adams says. "I believe that everything should be made available in regards to the testimonies and the cases that were worked involving bullet lead analysis."



The FBI ultimately agreed, acknowledging that some of its bullet lead testimony was misleading and that it should have done more to alert defendants and the courts. As a result of the 60 Minutes-Washington Post investigation, the bureau has already reviewed nearly a hundred cases, and according to the Innocence Project there are problems with the FBI testimony in almost half of them.

The complaint against Staples Hughes for violating attorney-client privilege has been dismissed. But Lee Wayne Hunt remains in prison, after the North Carolina Supreme Court refused to hear his appeal.

See the bureau's highs and lows in this interactive portrait of the crime-fighting agency.



Stories

State prisons top 100,000 for first time



State prisons top 100,000 for first time

Official with Department of Corrections suggests new approach to sentencing

The Associated Press

Florida's prison population has topped 100,000 for the first time, making it only the third state in the nation to break into six digits after California and Texas.

The Department of Corrections said the number was reached Thursday. At 100,000, Florida's prison population roughly equals incarcerating one out of every four residents of Miami or almost all the citizens of Gainesville, home to the University of Florida.

California has approximately 170,000 prisoners and Texas has 140,000. Federal prisons combined house approximately 200,000 people.

Florida officials had been expecting the record-setting number for some time. Department of Corrections Secretary Walter McNeil talked about it with state lawmakers earlier in December and in a November interview called it a significant milestone.

In preparation for more prisoners, the state has purchased and begun setting up tents to house inmates, though none are currently being used. If all the tents were set up and filled, the state would be able to house another 1,200 people in them.

McNeil told lawmakers earlier this month that growth shows no signs of stopping. The state will need to build 19 new prisons in the next five years to house inmates if nothing is done to slow prison growth, he said. He estimated the cost at $1.9 billion, nearly equal to the department's current annual budget of approximately $2 billion.

McNeil hopes it doesn't come to that. He told lawmakers they should think about re-evaluating a ``lock-em-up'' approach to sentencing and focus on ensuring people released from prison don't return.

In 2005, it cost Florida more than $22,000 annually to house and feed each inmate, a little lower than the national average of just under $24,000. Texas spent $14,000 per prisoner per year and California $34,000, according to a report by Pew Charitable Trusts.

Nationwide 1.5 million people were in U.S. prisons in 2005, according to the most recent statistics from the U.S. Department of Justice.

Was John Preston used in Juan Ramos too?

http://www.truthinjustice.org/juanramos.htm

Freed from death row

Juan Ramos Picks Up the Pieces

By SYDNEY P. FREEDBERG

© St. Petersburg Times, published July 4, 1999


In his wallet, Juan Florencio Ramos carries a pre-prison photograph of himself. Because of a five-year ordeal too painful to forget, Ramos now says: "That person is not me.'' [Times photo: Pam Royal]
Twelve years after he left Florida's death row, Juan Florencio Ramos still paces like a prisoner locked in a tiny cell.

From the porch of his mother's house near Miami, he gazes at strange cars. He puffs on Marlboros. And when he climbs into his red Trans Am, he hits the gas and races down the street as if the guards are coming to drag him back to prison.

Ramos, a 41-year-old truck driver, is a member of a small but growing club that prosecutors don't like to talk about. From his wallet, he pulls out a pre-prison photograph of a fresh-faced young man with a hard body and smiling eyes. Now that body is scarred from prison fights, those eyes sometimes glazed in anger.

"That person," he says, choking back tears, "is not me."

Experts say wrongful death sentences are built on similar circumstances: police who use coerced confessions or questionable eyewitness identifications; prosecutors who exploit false testimony or inaccurate scientific evidence; jurors who are tainted by prejudice; judges who are out for headlines; and suspects who are easy marks -- because of their race, criminal background or inability to afford a good lawyer.

Only five of Florida's wrongly condemned have received compensation from the state, and they say the money can't replace what they lost.

There's an irony in the stories of death row survivors: It took a death sentence to free them. If they had received a life sentence, they probably never would have gotten out.

Michael L. Radelet, a University of Florida sociology professor who documents wrongful executions, says death row survivors are the lucky ones because only through good fortune and careful scrutiny of their cases were they vindicated before a fatal error. "As long as we have the death penalty," Radelet says, "innocent people will be executed."

With more capital punishment cases and shrinking legal resources, the danger of wrongful convictions and wrongful executions is "getting worse," says Richard Dieter, executive director of the Death Penalty Information Center in Washington.

Most prosecutors, judges and Florida officials won't admit an innocent person has ever been executed here or convicted in error.

But Gerald Kogan, who recently retired after 11 years on the Florida Supreme Court, told the Associated Press in December that he wasn't convinced of guilt in "two or three" of the 25 state executions while he was on the court.

"There are several cases where I had grave doubts as to the guilt of a particular person, (and) other cases where I just felt they were treated unfairly in the system," Kogan said.

Kogan, a former prosecutor, refuses to elaborate on which cases he had in mind. "I've said what I'm going to say on that. I don't want to talk about that any more."

Gov. Jeb Bush, who has signed death warrants to send two convicted killers to the electric chair this week, declined to comment for this story. In meetings, Bush has voiced concern about people on death row who may be innocent, according to Carol Licko, his general counsel.

She says the governor signed the warrants only after a careful review of the cases to eliminate any possibility of a wrongful execution.

Life on death row

Each of the cells is 6 feet wide, 9 feet long and 91/2 feet high, with concrete walls on three sides and steel bars in front that look out over a 3-foot-wide catwalk. Each cell has a steel toilet, a steel sink, a steel footlocker and a steel bunk with a mattress 4 inches thick. Each cell also is equipped with a 13-inch black-and-white television. Meals, mail and Bibles are passed to the condemned through a slot in the bars

Inmates can't see into other cells, but they can look down the corridor by angling a piece of a mirror. They communicate with one another by talking down the corridor -- called "getting on the bars" -- or yelling through a vent or the plumbing pipes. Or throwing a long stick with a note attached to the person in the next cell.

Twice a week, they are let out for a two-hour trip to an exercise yard. Three times a week, they are escorted to the shower stall, where the water runs for five minutes. Occasionally, guards jerk open a cell door to search an inmate's belongings or body for drugs or shanks (crude, homemade knives).

Death row survivors remember the numbing cold in winter, the hellish heat in summer and the non-stop din of hundreds of voices and noises, relieved only by an eerie quiet on execution days.

Alone with nothing but time, they did almost anything to keep their minds occupied.

They counted every dent in the walls, every crevice on the floor. They learned the heavy footsteps of their favorite nighttime guard. They prayed for life and sometimes hoped for death.

They slept and wrote poetry, usually at night when there was less noise. They read and argued about things such as whether to go to the execution chamber kicking and screaming or "like a man."

Anthony Peek, who survived a decade on the row, paced so much -- five steps back and forth -- that his knees are weak. Dave Keaton, released from death row 26 years ago, could catch a glimpse of the afternoon sun if he stood at the right angle. Sonia "Sunny" Jacobs, who for a time was the only woman in the country on death row, painted by dipping strands of her hair in beet juice.

One rule of survival: be buddies with everyone but close friends with no one. That's because it hurts too much when a friend is executed.

Anthony Brown, who watched and listened 12 times as guards prepared for executions, tears up when he remembers his final hours with Marvin Francois. Francois, 39, was executed in 1985 for killing six people during a robbery of a Miami drug house.

"We wanted to send him out on a high," says Brown, 43, recounting how they shared a cigarette and fantasized it was a joint. "It took a little out of me when they killed him. I'd grown real attached to him."

No matter how they passed the time, they had one thing in common: a date with death in Florida's electric chair.

Too painful to forget

"No matter how hard he screams," Ramos says, "no one hears him.

Ramos grew up in Cuba, served three years in the Cuban military and came to Florida in the 1980 Mariel boatlift. Within a year, he was married, living in Cocoa and making $11 an hour in a steel factory.

His new world collapsed in June 1982 when police arrested him for raping, beating, strangling and stabbing Sue Cobb, 27, an acquaintance who lived a block away. No physical evidence linked Ramos to the homicide, but there was seemingly damning evidence provided by a police dog named Harass II.

After sniffing an empty pack of Ramos' cigarettes, the dog was put in a room with five knives and five blouses. Harass stopped at blouse No. 5, the victim's bloody blouse, then licked knife No. 3, the bloodstained knife that had been embedded in her chest.

These were the only knife and blouse with blood on them -- which seemed to prove only that Harass was attracted to blood. But that was enough for a Seminole County jury to convict Ramos, who spoke little English, and for a judge to overrule its recommendation of life and sentence him to death.

Norman Wolfinger, who was Ramos' public defender and now is state attorney for Seminole and Brevard counties, cited another factor in what he called "the weakest murder case I've ever seen" -- racism. "Absolutely no attempt was made from Day One to pin the murder on anyone but the sap, the Cuban," Wolfinger said at the time.

Isolated from the world, Ramos remained defiant in his cell on death row. "I thought about my last meal," he says. "I was gonna tell them, "Just feed me the same s---. It's disgusting of you to offer me the best food when I'm gonna puke it back in your face.' "

Before he talked to the Times, Ramos, who learned English on death row, had never spoken about his ordeal to the media. His 61-year-old mother, Ena Garcia, tells him not to talk now. "You know it upsets you," she says in Spanish. "Why start trouble?"

But Ramos needs to talk, and for six hours, at times angry, at times tearful, he pours out details of his five years of wrongful imprisonment: beatings, a stabbing, paralytic asthma attacks and an attempted gang rape.

Once, he tried to commit suicide by making a noose with a bedsheet, tying it to the bars and sticking his head inside the loop. Another time, he fought with a guard and was sent to solitary, now known as "X-wing." The cell doors in "X-wing" are solid steel. To see out, Ramos scrunched his face against a half-inch crack between the steel door and the concrete wall.

And in his regular cell, he steeled himself for "Old Sparky," once shocking himself with the hot wire of his TV. "I wanted to know what it felt like to get cooked," he says.

While Ramos tried to keep a grip on his sanity, his lawyers fought for his life in the courts. In October 1985, they got a boost when the TV newsmagazine 20/20 exposed the unreliability of scent-tracking dogs, including Harass II, the German shepherd that put Ramos behind bars. The dogs and their trainer, 20/20 reported, had several times identified suspects who probably were innocent.

In August 1986, the Florida Supreme Court reversed Ramos' conviction, ruling that the dog-scent evidence was completely untested. At a retrial, Ramos was acquitted, and on April 24, 1987, he drove to his new home in Miami.

He enjoyed long showers and time with his wife, Danette, whom he leaned on to guide him. But he felt "like a time bomb." He had a hard time relating to people, especially women. "They talked only about superficial things," he says. "How can they really understand what it's like to be on death row?"

Ramos went into therapy, but four years ago his marriage fell apart. He moved in with his mother, claiming a mobile home on the property in south Miami-Dade County. He planted avocado, mango and sugar-cane trees, and now cares for four dogs, a cat and 20 roosters that wander around behind the locked front gate.

Every night, Ramos comes home to a hug from his mother and the smell of her cooking. Every morning, she delivers him cafe Cubano in a thimble cup.

Ramos says he feels less numb now, "much calmer." The only time the adrenaline really pumps is when he's tooling around in his red Trans Am or hauling steel in a semitrailer truck. As a truck driver, no one looks over his shoulder or watches what he's doing.

Still, he feels like a prisoner sometimes -- able to face up to death but worried he can't face up to life.

"I came here (to America) for a better life," he says. "In Cuba, I'd be dead. I was found innocent here, but it didn't wipe anything away. You're free, but free for what? The best, best years of my life are gone. . . . I carry this with me until the day I die."