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IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR BRADFORD COUNTY, FLORIDA

THOMAS H. PROVENZANO,

Plaintiff,

vs. CASE NO.: 99-286CFA

STATE OF FLORIDA,

Defendant. _______________________________/

ORDER CONTINUING PROCEEDINGS

THIS MATTER came before the Court on October 11 through 13, 1999, pursuant to the

opinion and mandate of the Supreme Court of Florida in Provenzano v. State, 24 Fla. L. Weekly

S434 (Fla. Sept. 23, 1999), for proceedings regarding Plaintiff, Thomas Harrison Provenzano’s

competency to be executed. Provenzano was present at the hearing with his counsel, Michael P.

Reiter, Chief Assistant Capital Collateral Regional Counsel - Middle Region. Appearing on behalf

of the State were Carol Dittmar, Kenneth Nunnelley, and Carolyn Snurkowski, Assistant

Attorneys General.

After the Supreme Court of Florida’s mandate remanding this matter for further proceedings

issued, Provenzano filed a Supplemental Witness List which included Patricia Fleming, Ed.D.,

Henry Dee, M.D., Henry Lyons, M.D., and Mark Gruber as witnesses to be heard at the further

proceedings which were ordered to be held in this matter. That in turn prompted the State to file

its Supplemental Witness List, which included Harry McClaren, Ph.D., Alan J. Waldman, M.D.,

and Leslie Parsons, D.O. as additional witnesses for the State.

During the hearing, the Court heard testimony from Dr. Leslie Parsons; Dr. Patricia Fleming;

Dr. Henry Lyons; Mark Gruber, Esq., attorney employed with the Office of the Capital Collateral

 

Page 2 of 4 Regional Counsel - Middle Region; Dr. Harry McClaren; Dr. Alan J. Waldman; and Catherine

Forbes, Provenzano’s sister. Thus, the scope of the hearing was expanded beyond merely taking

the testimony of Dr. Fleming and permitting Provenzano to cross-examine Dr. Parsons.

Further, the Court heard from Dr. Evans, the treating physician for Dr. Henry Dee. Dr. Dee is

a psychiatrist who examined Provenzano a couple of weeks ago. Provenzano intended to call Dr.

Dee as a witness to testify regarding that examination. Dr. Evans confirmed Provenzano’s

counsel’s claim that Dr. Dee recently underwent surgery, that Dr. Dee remains hospitalized and

suffers from a major illness, and that Dr. Dee will not be medically able to testify in this matter,

either live or by deposition, for at least three weeks. Additionally, Dr. Evans indicated that in

approximately ten days, he would have a better idea as to whether Dr. Dee will be progressing

sufficiently so that he will be medically able to provide testimony in three weeks.

Since Provenzano’s counsel has asserted that Dr. Dee is a vital witness for Provenzano’s case,

the Court finds that in order to effectuate a just resolution of this matter, these proceedings must

be continued for one month, until November 15, 1999, to either allow enough time for Dr. Dee to

be well enough to provide testimony in this matter, or to afford Provenzano the opportunity to

obtain another expert witness in the event that Dr. Dee is not able to provide testimony.

Provenzano’s counsel agreed to keep abreast of Dr. Dee’s recovery, to notify the State and the

Court of Dr. Dee’s status, and to be prepared to proceed on November 15, 1999, accordingly.

Based upon the foregoing and the discussions regarding this matter that occurred at the

hearing, it is hereby ORDERED and ADJUDGED that:

1) These proceedings are continued for one month, until November 15, 1999, to either allow

enough time for Dr. Dee to be medically well enough to provide testimony in this matter, or to

 

Page 3 of 4 afford Provenzano the opportunity to obtain another expert witness in the event that Dr. Dee is

not able to provide testimony.

2) On November 15, 1999, at 9:00 a.m., in Courtroom 9A, of the Polk County

Courthouse, 255 North Broadway, Bartow, Florida, the proceedings regarding Provenzano’s

competency to be executed will resume before the Honorable E. Randolph Bentley.

DONE and ORDERED on this 18th day of October, 1999.

_S/___________________________ E. RANDOLPH BENTLEY Senior Judge FSC Order 2000R-285

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 18th day of October, 1999, the original of this Order was furnished by Federal Express, and that a copy of this Order was transmitted by facsimile transmission to the Honorable Ray Norman, Clerk of Court, Bradford County, 945 N. Temple Avenue, Starke, Florida 32091, fax # (904) 964-4454; and that a true and correct copy of the foregoing was furnished by U.S. mail to:

1) Carol M. Dittmar, Assistant Attorney General, Office of the Attorney General, Westwood Center, Suite 700, 2002 North Lois Avenue, Tampa, Florida 33607-2366, fax (813) 871-7834;

2) Kenneth Nunnelley, Assistant Attorney General, Office of the Attorney General, 444 Seabreeze Boulevard, 5th Floor, Daytona Beach, Florida 32118-3958, fax (904) 226-0457;

3) Carolyn Snurkowski, Assistant Attorney General, Office of the Attorney General, The Capitol, Tallahassee, Florida 32399-1050, fax (850) 922-6674;

4) Michael P. Reiter, Chief Assistant CCRC - Middle Region, and John Moser, CCRC - Middle Region, 3801 Corporex Park Drive, Suite 210, Tampa, Florida 33619, fax (813) 740- 3554; and

5) Tanya Carroll, Deputy Clerk Capital Cases, Supreme Court of Florida, Supreme Court Building, 500 South Duval Street, Tallahassee, Florida 32399-1925, fax (850) 488-2100.

 

Page 4 of 4 _S/___________________________ Senior Trial Court Staff Attorney Ninth Judicial Circuit Court