Feb 6

Florida Death Penalty Under Scrutiny

By JACKIE HALLIFAX

TALLAHASSEE, Fla. - Florida's death penalty could be stalled indefinitely after the U.S. Supreme Court blocked an execution in the state for the second time in two weeks.

The court issued a reprieve Tuesday to Linroy Bottoson, 62, three hours before his scheduled execution for the 1979 murder of an Orlando-area postmaster. The court's decision prompted Gov. Jeb Bush to postpone another man's execution scheduled for later this week.

The court did not comment on its decision, but it is considering an Arizona case that deals with a fundamental aspect of Florida's capital punishment law: the power of the judge, rather than the jury, to impose the death sentence.

Two weeks ago, the court blocked the execution of Amos King � convicted of the murder and rape of Natalie Brady, a 68-year-old Tarpon Springs widow � while it considers the case.

Florida and Arizona are among nine states that let judges decide whether a murderer should die, even if a jury has recommended a life sentence.

If the Supreme Court overturns Arizona's law, that could result in Florida's law being declared unconstitutional.

Bush cited both stays in deciding to postpone Thursday's scheduled execution of 48-year-old Robert Trease, who was convicted of killing a man during a 1995 robbery in Sarasota.

The governor said he would issue an executive order Wednesday halting Trease's execution "until further action is taken by the court."

None of the other 370 people on Florida's death row has been scheduled for execution. A Bush spokeswoman said he hasn't decided whether to refrain from signing any new death warrants.

The Florida Supreme Court refused last week to delay Bottoson's execution based on the King stay. It also rejected the argument that Bottoson can't be put to death because he is mentally retarded.

Bottoson was sentenced to die for the murder of Catherine Alexander, the 74-year-old head of the Eatonville post office. Prosecutors said he kidnapped the woman while robbing the post office of $144 and 37 money orders worth $400 each. He stabbed her 14 times and ran over her with his car.

Victims' advocate Wendy Hallowell said Alexander's children were devastated by the reprieve.

"The family felt sure that justice was finally going to be served today only to have their hopes let down mere hours before the execution," she said.

Peter Cannon, an attorney for Bottoson, said he spoke to his client by telephone after getting word of the reprieve.

"He was very relieved," Cannon said. "It really does call into question the death penalty procedure in Florida."

Carolyn Snurkowski, who oversees criminal appeals for the state, said the two stays mean nothing for other cases in Florida.