Skip to main content

Florida Must Abolish Flawed Death Penalty

"Capital punishment: them without the capital get the punishment." Those were the last words of John Spenkelink, executed 30 years ago on May 25 in Starke for murdering traveling companion Joseph Szymankiewicz. Spenkelink was the first person executed in the state, the second nationwide after a 1976 U.S. Supreme Court ruling reinstated capital punishment.

As a former Florida prison warden who carried out three electric-chair executions and shadowed five lethal-injection executions in Texas, I know that Spenkelink was correct: Most death-row inmates cannot afford experienced attorneys.

Once, I firmly supported capital punishment. Part of my job was to help strap prisoners into the electric chair, and signal the hooded executioner to administer the current. But each execution lessened my support. In Texas, I thought the more "civilized" executions by lethal injection would remove my repugnance. They didn't.

My change of heart was gradual and painful. At night I would awaken to visions of executed inmates sitting on the edge of my bed.

I began studying the reasons behind executions over the centuries. I was appalled to think I had been part of this ceremonial barbaric act committed to appease chest-pounding politicians attempting to appear "tough on crime."

An experience I had this January underscored my transformation. I was a speaker at the National Coalition to Abolish the Death Penalty's conference in Pennsylvania. In the conference venue one day, a man turned to me as I approached. Shockingly, the last time I saw this gentle soul was inside a Florida death-row prison cell; I was his warden.

We embraced. It was Juan Melendez, an exoneree who had spent 17 years, eight months and one day on death row for a crime he didn't commit. As his warden, I could have taken this innocent man from his cell into the death chamber.

Melendez's case is typical for many on death row. Substandard representation and prosecutorial misconduct are among the reasons for exonerations over the years -- 133 men and women since 1973. Three men were exonerated this year. Florida leads the nation in exonerations since 1973 with 22.

Race is a factor in death sentences. According to the NAACP Legal Defense and Educational Fund report "Death Row U.S.A. Winter 2009," 41.58 percent of death-row inmates nationally are African-American, although they comprise 13.5 percent of the U.S. The percentage is similar in Florida.

Since the Spenkelink execution, research revealed how capital punishment drains states' financial resources that could otherwise fund better law enforcement, crime-prevention programs, counseling and other support for murder victims' families, and reinvestigations of unsolved homicides. The cost issue figured prominently in several states' repeal bills this year, including New Mexico's, which abolished capital punishment in March. Florida executed 67 death-row inmates between 1976 and 2008 at approximately $24 million per execution.

In 30 years, Americans began realizing that capital punishment doesn't deter homicides. Florida, with 402 death-row inmates -- the second-largest death-row-inmate population nationally after California's -- has one of the highest murder rates nationally. The rate is 6.6 per 100,000 people, more than the average national murder rate of 5.5 people per capita and higher than the murder rate in states without the death penalty, 3.1 people per capita.

The lesson that I, and all of us, should learn post-Spenkelink is that capital punishment does not ensure public safety, and has no safeguards against wrongful executions. The 35 death-penalty states, Florida included, should abolish it, replace it with life without parole, and apply the savings where they would do the most good -- helping homicide victims' survivors and funding effective law enforcement that protects our communities.

Ron McAndrew spent 25 years in Florida corrections before retiring, working his way up from an entry-level corrections officer to a warden in the Florida State Penitentiary. He also served as the interim director of the Orange County jail in Orlando.

Source: Orlando Sentinel, Ron McAndrew, May 23, 2009

Comments

Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.