Skip to main content

Innocent on Florida's Death Row: "We Need Answers, Not More Executions"

Tallahassee, FL - April 25, 2013 - Legislation (HB7083 “Timely Justice Act”) to speed up and increase executions by “streamlining” the process has passed the Florida House of Representatives.

Since Florida resumed executions in the 1970’s, twenty-four wrongfully convicted Death Row prisoners have been exonerated while seventy-five prisoners have been executed. “That’s one exoneration for every three executions,” said Mark Elliott, Director of Floridians for Alternatives to the Death Penalty, ”It is astonishing that the focus is on hurrying-up executions and not investigating how so many innocent people could be sent to Death Row and how many more are there now. ”

Just four months ago, Seth Penalver became Florida’s 24th exonerated Death Row prisoner. Florida holds the national record for sentencing the most people to death who were later, sometimes many years later, exonerated and freed due to new evidence of wrongful conviction. The Death Penalty Information Center recognizes Seth Penalver as the 142nd death sentenced prisoner to be exonerated and freed since 1973 and the 24th from Florida. Penalver was released after 18 years. “If executions are sped up, then we will be killing innocent people like me.” said Penalver, “Evidence of my innocence was withheld and hidden for almost eighteen years after my conviction.” Seth Penalver is one of eight Floridians who were exonerated more than ten years after being sentenced to death. “Executing innocent people is murder by all, not justice for all,” said Penalver.

According to the Innocence Project of Florida, in January, 2000, some 14 years after his death sentence, Frank Lee Smith died of cancer on Florida’s Death Row. After his death, DNA testing not only confirmed his innocence, but identified the real perpetrator.

“It is both tragic and ironic that the state that sends the highest number of wrongfully convicted people to Death Row is speeding up executions.” said Elliott. According to the Death Penalty Information Center, the average time spent on Florida’s Death Row by the wrongfully convicted is close to 8 years. Some were on Florida’s Death Row for 18 to 20 years before being exonerated and released. “Speeding up and increasing the number of executions virtually guarantees that innocent people will be executed.” said Mark Elliott.

Florida has the nation’s second largest Death Row with 405 people. According to the Death Penalty Information Center’s latest report, The Death Penalty in 2012: Year End Report, Florida also sentences far more people to death than any other state. Last year, Florida had 22 new death sentences out of 78 nationally---that’s more than one quarter of ALL new death sentences in the U.S. “With one out of every four of the nation’s new death sentences along with one exoneration for every three executions, the focus should be on how Florida sentences so many people to death, especially so many innocent people, not on executing more people faster.” said Elliott.

“Florida's government program for the death penalty is like a rickety old public bus that costs millions of dollars to operate. The brakes are shot and the steering is out and it is constantly crashing into innocent people. So the answer is to pack in more passengers, hit the gas and go faster?” asked Elliott.

“We need answers, not more executions,” said Elliott. “Florida’s government program for the Death Penalty is broken, not because it is too slow, but because it is a hugely expensive, wasteful, government program that, with all its wrongful convictions, risks making murderers out of us all. Speeding it up will guarantee that.”

Source: FADP, April 25, 2013. Floridians for Alternatives to the Death Penalty is a coalition of individuals and organizations united to abolish the death penalty in Florida.

Most viewed (Last 7 days)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements.