AMOS KING UPDATE
by
Abe Bonovich
Sent *only* to the recipients of FADPUpdate
Feel free to forward....
Dear Friends,
About half an hour into my drive home from Tampa Friday evening,
just after turning east on SR70 off of I-75 south from Clearwater, I stopped to watch a red sunset burn itself into my heart. What an incredible day. I popped in a CD - Pete Townsend's "Who Came First," his first solo album - created in the depths of his spiritual rebirth and education with Avatar Meher Baba. (It's an album of devotional music by a rock star, but don't let that throw you....) Turning the car east again, a number of moments from the day replayed in my head....
The sun was above the trees when I pulled out of the driveway at 7:56am. I had been up since 5:30am, faxing press releases to the Tampa Bay media. It only took an hour or so to complete most of the follow-up phone calls - there were no significant slow-downs on the road, and the only scare was when Carolyn called me to say that Channel 8 told her the Associated Press said the hearing was in St. Petersburg. Straightened that out, and pulled up to the Criminal Justice Center in Clearwater at 11:50am - with ten minutes to start-time - to see David and Joan Cooper just getting out of their car. They helped carry the signs and as we came around the corner to the front of the building, I was relieved to see about20 people waiting, including: Joe DuRocher, now retired, but still the best public defender in the country (so named by the ABA this past summer); Chairman Omali of the Uhuru movement and three or four young folks with him; Zef Fessendon, who always seems to appear when I ask for help in the Tampa Bay area, a few others who I wish I could name but recognize only by face (sorry!) from the planning committee for next weeks' Florida Alliance for Peace & Social Justice rally to oppose the attacks on civil liberties under the guise of the war (see http://www.macdillpeacerally.org); and Bob Dillinger, Craig Alldredge, and six to ten others from the sixth circuit public defenders.
I passed out "Execute Justice Not People" buttons to everyone, asked for volunteers to hold the signs, allowed myself to be miked, and standing next to Joe and in front of a beautiful backdrop of abolitionists I called things to order by asking, "What do we want?" a few times to consistently louder responses of "NO DEATH PENALTY!" from the now unified crowd. I introduced myself to the two TV cameras and two print reporters standing there, and make brief remarks along the lines of:
This is not about Amos King. This is not about Natalie Brady, the victim in this case. We are here today because we are concerned about the politicization of the death penalty in our state. We are here today because we have a governor who refuses to acknowledge that the death penalty system in our state is seriously flawed.... We need an immediate time-out on the death penalty and an independent and thorough review of the system. ....
I can't remember what else I said, but soon my voice was cracking (I am recovering from the flu that's going around) and I asked Joe to introduce himself. He made the following points:1) It was an extraordinary action of the Supreme Court of Florida to unanimously order a hearing on a death row inmate's claim to replace his counsel, after a death warrant has been signed, and the execution set within 2 weeks.
2) Last week Juan Melendez was released from death row because State paid attorneys lost or withheld evidence that may have proven innocence, and
3) Amos King's claims raised similar issues, i.e. whether his state-paid lawyers had acted diligently to discover evidence and raise those issues that might establish his innocence.
There were no questions. We did a few more "What do we want?'s" and I thanked everyone. After I did a one-on-one interview with one of the TV people, we went inside the courthouse.
Amos King was seated with his attorneys when I got into the courtroom. I said loudly to the bailiff standing behind Amos, "Excuse me, MAY I SAY HELLO TO MR. KING?" -- so that even if the bailiff said no, Amos heard me and turned around. I told him my name - he smiled. Amos and I have exchanged letters in the last week, and I think he expected to see me. We were not allowed more communication.
This hearing had been ordered by the Florida Supreme Court specifically to address his motion, which you can see on the FADP website. King's pro-se motion raised various issues as arguments to dismiss current and appoint new attorneys. It also asked that if new attorneys would not be appointed, that he be allowed to drop his appeals.
As I sat through this hearing. I was a bit embarrassed for Amos, because his claims appeared almost ridiculous in the face of information presented in court. I began to think I had been a sucker for coming all the way and organizing people to attend, etc., but I put myself in his shoes. He's fighting for his life, he's alone, and sometimes it is difficult to get the lawyer on the phone. That, and the state has lost or destroyed the evidence he says should be tested....
Others may see it differently, but I thought Judge Schaeffer was exceptionally accommodating. I was surprised at her tolerance - several times he interrupted her, although she interrupted him just as often. Schaeffer read Amos's motion almost line for line, giving him the chance to justify each of his claims. Then she picked them apart when he either could not justify the claim, or when it was based on incomplete information. It was sad to watch.
I can't go through all of the more than two hours of hearing, but one example was that Amos King complained that his lawyers had agreed to add his specific claims to his recent appeal, but then didn't. In fact, what happened is that they included the claims as an attachment instead of as part of the argument itself. Judge Schaeffer called it "very creative lawyering," and told Amos he should be pleased that his lawyers had been able to include his issues despite her 25 page limitation. King complained that his lawyers were "corrupt and incompetent." Schaeffer asked him to demonstrate how that was so - he couldn't, really - and Scaeffer recited to him how hard they are working, including her own experiences working with both on Christmas eve, New Years eve, and New Years day, "When most people are home watching football."
It is fitting, however, to note that Bill Jennings (head of the CCRC - Middle office, which represents King) did NOT attend this Supreme Court ordered hearing. His office was being attacked, or at least challenged. The judge said that she would not consider evidence about the "politics of Mr. Jennings' office," which she put outside the scope of the hearing. Frankly, I think that if there is any validity to King's claims of corruption, it is definitely at the political end - with the boss - and not with the individual attorneys actually working the cases.
Anyway, once all the issues had been reviewed, Schaeffer declared that she found no legal merit to King's claims and dismissed his motion. Then she addressed his request to drop his appeals if he didn't get new attorneys. After assuring King that she AND the Florida Supreme Court would grant his wish (if he met a variety of tests she would have to administer), she asked him what he wanted to do. To my surprise, he looked back and said he wanted to consult with "Mr. Bonowitz." THIS is the point where the reporters failed to take note - it is not reported in either story. She said, "I don't know who Mr. Bonowitz is..." and then granted a ten-minute recess. Amos was not allowed to speak with me directly, but one of the lawyers and I met. I had no hesitation in writing a short note to Amos, in which I said something very close to, "Amos, do not give up your appeals. *Make* them kill you, don't *allow* them to kill you. Hang in there. --abe." (Words with *'s around them were underlined in my note.)
Schaeffer accepted King's change of heart, and this is IMPORTANT, she then complimented his legal prowess, saying that he had become remarkably adept at the law, and she also said that (caps for emphasis) "IF I WERE IN YOUR SHOES I WOULD HAVE DONE THE SAME THING." Then she admonished him, telling him that in the next two weeks his lawyers have a lot of work to do and he would be better served if he left them alone to do their job. She allowed him to attach several exhibits to the record, and per his request, instructed the bailiffs to transport him back to death row as quickly as possible.
I reminded the two print reporters about the political issues of concern to us, and as you can see below, the AP reporter included one quote at the end of the article. By that point, most of the abolitionists had already left, but there were two elderly African American women -- for whom it was clearly a physical effort to attend -- who were still there. King was exchanging silent smiles/waves/hellos with them. I introduced myself - they preferred to remain nameless but described themselves as friends....
*****
This was the first time I have sat through a hearing like this. While it appeared that Amos lost, I think it's fair to say that our efforts were not in vain. The media covered the story when without our intervention they might not have even realized it was happening. The AP reporter specifically thanked me for correcting them as to the location of the hearing. We also tested our ability to pull people out quickly in the Tampa Bay area. I thank all who attended. I am also thankful for opportunities that will come of this - including a radio interview for Sunday morning to discuss this and the Melendez case -
9am, Sunday on WMNF, which is 88.5FM if you are in the Tampa Bay area, or http://www.wmnf.org/ on the web.
On a personal level, I am moved by the enormity of the power of the state, and one man's efforts to fight for his life. Just the size of that courtroom was imposing, but to be surrounded by unfriendlies - to be flanked by two lawyers you are trying to dismiss because they work under the direction of a political hack whose job it is to help kill you while pretending to do the opposite.... --to have eight armed men standing around you, and moving in on you when you raise your voice a little.... to be the only black in a sea of whites.... --to be forced to speak intelligently and coherently after 24 years of mental abuse on death row.... Amos King impressed me. He still has issues to be argued. It is not over yet.
Finally, I would like to say that spending time observing in court is something that we all should do at least once.... If someone or some group wanted to try to organize a support effort to organize "court watchers" under the umbrella of FADP, I would welcome that.....
COSTS to FADP:
8 hours driving time (wear/tear on car, $20 gas/oil, $9 food/drink)
Phone, fax, internet.... $25 (estimated)
Signs/buttons - $20
Now back to the struggle.
THIS WEEK:
Lot's of firming up/fundraising for the Florida Moratorium Walk
Thursday is 25th Anniversary of the first execution
paz!
--abe