26 gennaio 2003

 Prosciolto dopo 16 anni nel braccio della morte

�Sono sul tetto del mondo�. Sono le prime parole pronunciate ieri da Rudolph Holton dopo essere uscito dal braccio della morte del carcere di Raiford, in Florida, nel quale ha trascorso 16 anni. Il procuratore di Tampa Mark Ober ha prosciolto Holton, 49 anni, per la mancanza di testimoni e di prove certe. L' uomo era stato condannato a morte per aver violentato e ucciso nel 1986 una prostituta diciassettennne, Katrina Graddy. Cos� almeno aveva testimoniato un detenuto che, scarcerato proprio in cambio di tale dichiarazione, aveva pi� tardi confessato a un giudice di aver mentito in cambio della libert�. Il processo contro Holton � stato riaperto solo l' anno scorso quando la difesa ha scoperto che la prostituta, pochi giorni prima di essere assassinata, era stata violentata da un altro uomo, tale �Pine�, e aveva denunciato il fatto alla polizia. 

WASHINGTON, 25 GEN - E' stato scarcerato oggi dopo avere passato 16 anni nel braccio della morte, perche' e' impossibile dimostrare che sia stato lui a commettere l'omicidio per il quale era stato, in un primo tempo, condannato a morte.

E' successo a Tampa, in Florida, dove Rudolph Hulton era stato condannato a morte per avere ucciso, dopo averla violentata, una prostituta di 17 anni.

      Alla fine dell'anno scorso, la difesa di Hulton aveva scoperto che la prostituta, pochi giorni prima di essere assassinata, era stata violentata da un altro uomo e aveva denunciato il fatto alla polizia.

      Ottenuta questa informazione, il legale di Hulton era riuscito ad ottenere la riapertura del processo, conclusosi con un non luogo a procedere.

      Un caso analogo sta succedendo nello Utah, dove verra' ricelebrato il processo contro Elroy Tillman, 67 anni, anche lui condannato a morte per omicidio.

      A salvarlo dal patibolo, l'anno scorso e poche settimane prima della sua esecuzione, era stata la consegna al suo legale, da parte della polizia, di una cinquantina di pagine di interrogatori della fidanzata di Tillman, Carla Sagers, che ha sempre affermato di avere assistito al delitto.

      Ma, dettaglio non insignificante, la macchina della verita' utilizzata dagli inquirenti era riuscita a dimostrare che la ragazza aveva mentito. E questo il suo legale non lo sapeva.  

Another Innocent Inmate Freed From Florida's Death Row

 Florida death row inmate Rudolph Holton was released on January 24, 2003, making him the 103rd person exonerated and freed from death row nationwide since 1973. Holton's conviction for murder was overturned in 2001 and prosecutors announced today that the state was dropping all charges against Holten, who had spent 16 years on death row.  Crucial evidence had been withheld from the defense that pointed to another perpetrator.

FLORIDA: Death Row Inmate Freed After 16 Years in Prison

After 16 years on death row, Rudolph Holton stepped out from a prison's razor wire fences and stood in the bright sunlight and crisp, cold air.

 "Freedom is like a feeling you really can't describe," said Holton, who became a free man Friday when prosecutors determined they didn't have enough evidence to retry him for the 1986 murder of a Tampa teen.

 "I'm on top of the world," Holton said as he wiped away tears, minutes after leaving the Union Correctional Institution. "I just want to take one day at a time. I forgive everybody."

 Earlier Friday, prosecutor Mark Ober had announced in Tampa that Holton would not face a new trial.

 "Due to the unreliability of witness testimony and the lack of physical evidence, the state of Florida cannot proceed to trial," Ober wrote in a document filed in Florida Circuit Court. 

"I am not saying loud and clear that Rudolph Holton is innocent," Ober later told reporters in Tampa. "I am saying we cannot prove his guilt beyond a reasonable doubt."

 Holton, 49, was convicted of raping and killing Katrina Graddy, a 17-year-old prostitute, and then setting her on fire in an abandoned drug house in Tampa.

 About 10 days before she was murdered, Graddy had told police another man raped her. But Holton's defense attorney was never given that report.

 Because of that error, the state Supreme Court ruled in December that Holton deserved a new trial, upholding a November 2001 order by Circuit Judge Daniel Perry.

 One of Holton's lawyers, Martin McClain, said there were other problems with the case. For instance, a hair in Graddy's mouth that prosecutors said came from Holton was proved by DNA testing to be from Graddy. Also, jailhouse witnesses recanted their testimony against Holton.

 "Though we are certainly pleased that the state attorney has dropped the charges, this does not change the awful fact that Rudolph Holton served over 16 years on death row for a crime that he did not commit," McClain said.

 Gov. Jeb Bush has approved the use of DNA testing in death row cases were evidence is available to be tested. In December, he stayed the execution of Amos King to allow new DNA testing requested by King's attorneys.

 Holton became the second person to be released from Florida's death row in about a year. Juan Melendez walked out of prison a free man last January after he won a new trial and prosecutors declined to try him again.

 After his release, Holton said he wants to begin enjoying his freedom by becoming reacquainted with his children. He also said he wanted a Klondike bar and baby back ribs, and is looking forward to watching the Super Bowl on television.

 He also weighed in on the death penalty.

 "It's got a lot of holes in it and doesn't work," he said. "The system needs rearranging."

Dad Free From Prison Takes Children To Mall

Rudolph Holton tossed a few pennies in a shopping mall fountain Saturday, his 1st full day of freedom after 16 years on death row. He made a wish as he threw.

 "For guys on the row who are left, trying to get help," he said.

 Holton, 49, was released Friday after prosecutors determined they didn't have enough evidence to retry him for the 1986 murder of a Tampa teen. He was the 25th Florida death row inmate to be freed in the past 30 years.

 At Governor's Square Mall on Saturday, Holton alluded to other inmates being freed from Florida's death row.

 "Too many people getting off death row," he said. "That should be telling them something, that the system's got a lot of holes in it."

 Holton had been convicted of raping and killing Katrina Graddy, a 17-year-old prostitute, and then setting her on fire in an abandoned drug house in Tampa.

 About 10 days before she was murdered, Graddy told police another man raped her. But Holton's defense attorney was never given that report. Also prosecutors said a hair in Graddy's mouth came from Holton; DNA testing later determined it was Graddy's. And jailhouse witnesses recanted their testimony against Holton.

 Last month, the state Supreme Court upheld a lower court's decision that Holton deserved a new trial.

 Holton arrived at the Tallahassee mall with his 2 children Saturday.

 "I don't even know what I'm looking for," he said.

 But he knew he wanted a Tampa Bay Buccaneers jersey, a hat and dress shoes. He also wanted to get an adjustment made to a watch his son gave him Friday.

 As he tried on the red football jersey, his daughter gave her approval.

 "Oh, Daddy, that's fine," said Sontrivette Daniels, 31, of Lakeland. "You look awesome."

 Rudy Holton Jr., 28, of Inverness, gave his father advice in the selection of his shoes.

 Holton got everything on his list except for the hat. He also said he would like to find an hourglass.

 "I wouldn't mind having one of those," he said.

 As he left the mall, he said he hasn't made a lot of decisions about his future.

 "One day at a time," Holton said as he walked across the parking lot. "I want to go to church and give my testimony."

NATIONAL COALITION TO ABOLISH THE DEATH PENALTY

PRESS RELEASE

CONTACT:

David Elliot, NCADP Communications Director

[email protected]

www.ncadp.org

920 Pennsylvania Ave. SE

Washington, D.C. 20003

*******************************************

YET ANOTHER INNOCENT PERSON FREED FROM FLORIDA DEATH ROW; NATIONAL COUNT OF WRONGFULLY CONVICTED CONTINUES TO GROW

Jan. 24, 2003 - Rudolph Holton prepared to walk out of prison today after spending 16 years on death row for a crime he did not commit. Between 23 and 25 innocent people have been freed from Florida's death row since 1976, according to varying tallies, while the national figure of wrongfully convicted former death row inmates continues to climb above 100.

 Holton, now 49, was convicted and sentenced to death for the murder and rape of 17-year-old Katrina Graddy. DNA evidence last year cast doubt on Holton's guilt, and key prosecution witnesses recently admitted lying about seeing Holton with Graddy the night she died. Another key prosecution witness, a jailhouse informant who testified that Holton confessed to the crime, also admitted lying on the witness stand.

 Steven W. Hawkins, executive director of the National Coalition to Abolish the Death Penalty, said Holton's wrongful conviction is similar to the wrongful conviction of other people formerly on death row in several ways. "The use of a jailhouse informant and the reliance upon other perjured testimony contributed to this latest travesty," Hawkins said. "Mr. Holton has lost 16 years of his life. Luckily, he did not lose more than that."

 Holton's release comes as Florida Gov. Jeb Bush has proposed to the Florida Legislature that the three state offices that exist to help people on death row with their appeals be eliminated. Gov. Bush has proposed eliminating the offices to save money and to shorten the time it takes for appeals to be filed. One of the offices Bush wants to eliminate was responsible for Holton's exoneration.

 His release also comes after Illinois Gov. George Ryan commuted the death sentences of 167 inmates. Most of these inmates now face life in prison without parole. Ryan's action was the largest commutation in modern U.S. history and shed light on the problems with the death penalty in the U.S., including its reliance on the perjured testimony of jailhouse informants, lack of access to DNA testing, and cases of corrupt district attorneys and police officers. Of the 167 sentences commuted by Ryan, 46 involved convictions based on the testimony of jailhouse informants.

 "The death penalty in America is not merely flawed; it is broken," Hawkins said. "For every eight people that have been executed in this country during the past 3 decades, 1 person has been found to be actually innocent. The more than 100 people found to be innocent were not released due to what some might call a legal technicality - improper jury selection or jury instruction, for example - but because no evidence exists that they actually committed the crime."

 According to the Death Penalty Information Center, the state of Florida leads the nation in the number of people wrongfully sent to death row. Illinois is 2nd, followed in order by Oklahoma, Texas, Georgia, Arizona, Louisiana, Pennsylvania, New Mexico, North Carolina, South Carolina and California. Of the 38 states with the death penalty, 25 have sent innocent people to death row.

 Floridians for Alternatives to the Death Penalty, an NCADP affiliate, has launched a relief fund to help people who are released from death row get back on their feet. (These people are given only $100 by the state of Florida.) For information on how to contribute to this fund, please visit www.fadp.org.

 **The National Coalition to Abolish the Death Penalty was founded in 1976 and is the only fully-staffed national organization devoted specifically to abolishing the death penalty. NCADP is comprised of more than 100 local, state, national and international affiliates.