Execution falls on anniversary of death penalty
In 1979, Florida became the first state to hold an execution since
the death penalty's reinstatement. A quarter-century later, the
anniversary of that first execution will be marked by another.
BY RON WORD
STARKE
- Twenty-five years after convicted killer John Spenkelink
died in the electric chair, Florida will mark the anniversary by
preparing for the death of an inmate who says he killed in prison
so he could be executed.
It
was an unsure time in the late 1970s when Florida prepared to
carry out the first involuntary execution of a convicted felon
since a U.S. Supreme Court ban on capital punishment was
overturned. Florida did not have an executioner. It had not used
the electric chair in 15 years. It had no written procedures on
how to conduct an execution.
Despite
those problems, on May 25, 1979, Spenkelink was put to death for
the 1973 slaying of Joseph Szymankiewicz in a Tallahassee motel
room. Szymankiewicz had been shot twice and beaten in the head
after Spenkelink said the man forced him at gunpoint to commit a
homosexual act.
Since
then, 909 people have been executed in the United States,
including 58 in Florida, according to the Death Penalty
Information Center in Washington, D.C.
In
Florida, serial killers Ted Bundy and Gerald Stano, ''black widow''
killer Judy Buenoano and Death Row sage Willie Darden were among
the 44 inmates strapped in the same three-legged oaken electric
chair known as ''Old Sparky.'' Another 14, including Aileen
Wuornos, one of the few female serial killers, have died by
injection. In that same quarter century, Florida also leads the
nation in the number of inmates freed from Death Row with 25.
On
the 25th anniversary of Spenkelink's death, the state is preparing
to execute John Blackwelder, 49, a convicted child molester who
originally was sentenced to life in prison. That the execution is
set to fall on the death penalty anniversary is a coincidence,
state prison officials say.
WANTED
TO DIE
Blackwelder,
formerly of Fort Pierce, told the Florida Supreme Court that he
strangled convicted killer Raymond Wigley in May 2000 at Union
Correctional Institution so he would get the death penalty.
''I
made it clear, I want off this world. I can't kill myself. I'm not
suicidal. But I sure can make it hard for everybody else,'' said
Blackwelder, who has dropped all his appeals and is seeking
execution.
Six
of the last 10 inmates executed in Florida have dropped their
appeals and asked to die.
Abe
Bonowitz, executive director of Floridians for Alternatives to the
Death Penalty, calls the actions of Blackwelder
``governor-assisted suicide.''
Unless
he receives a last-minute stay, Blackwelder is scheduled to die at
6 p.m. Tuesday.
Unlike
Blackwelder, Spenkelink, 30, fought his execution. His appeal made
five trips to the U.S. Supreme Court.
David
Kendall, a Washington, D.C., lawyer who represented Spenkelink,
thought his client had a good chance to avoid execution.
''We
believed this was an excellent case for a commutation of sentence,''
Kendall said in a telephone interview. ``Everyone expected
something to happen so John Spenkelink would not be executed.''
Before
trial, Spenkelink rejected an offer to plead guilty to
second-degree murder and avoid the death penalty.
''He
felt it was not murder, but self-defense,'' Kendall recalled.
SET
PROCEDURES
Michael
Mello, a professor at the Vermont Law School who worked on the
cases of Bundy and Unabomber Theodore Kaczynski, said Spenkelink's
case helped establish the procedures used for post-conviction
appeals in capital cases.
''For
better or worse, it became the template of what came afterwards,''
Mello said.
After
the Supreme Court blocked executions nationwide in 1972, Florida
was the first to draft a new state law. It was declared
constitutional in 1976. The following year, Gov. Reubin Askew
signed Spenkelink's first death warrant, but courts stayed the
execution.
Nearly
two years later, Gov. Bob Graham -- who is now a U.S. senator --
signed the warrant to end Spenkelink's life.
Timeline
of significant dates in Florida's death penalty history
By
The Associated Press
Significant
events in the history of modern executions in Florida:
_
1972: U.S. Supreme Court in Furman v. Georgia rules that state
death penalty laws, including Florida laws, are unconstitutional.
As a result, the sentences of 95 men and one woman on Florida's
death row are commuted to life in prison. State quickly passes a
new law.
_
1976: Death penalty reinstated by the U.S. Supreme Court under
Gregg v. Georgia.
_
May 25, 1979: John Spenkelink executed May 25, 1979, for the
murder of Joe Szymankiewicz in a Tallahassee motel room. It was
the first use of Florida's electric chair since 1964.
_
Nov. 3, 1983: Four years pass before Florida's second modern
execution when Robert Sullivan, 36, was put to death for the
shotgun slaying of a Homestead hotel-restaurant manager.
_
March 15, 1988: Willie Jasper Darden, known as the dean of death
row, was executed for the September 1973 shooting of James Turman
in Lakeland.
_
Jan. 24, 1989: Serial killer Ted Bundy executed for the rape and
murder of 12-year-old Kimberly Leach of Lake City. Bundy also
faced death for the murders of two Chi Omega sorority sisters in
Tallahassee.
_
May 4, 1990: Jessie Joseph Tafero, 43, was executed for the
February 1976 shooting deaths of Florida Highway Patrol Trooper
Phillip Black and his friend, Donald Irwin, a visiting Canadian
constable. During the execution, a synthetic sponge placed atop
Tafero's head burned, causing flames to shoot up three feet.
_
March 25, 1997: During execution of Pedro Medina, flames burst
from behind the mask over his face. The flames were again blamed
on a sponge catching fire. Medina was executed for the 1982
slaying of a neighbor, Dorothy James, in Orlando. Medina was the
first Cuban who came to Florida during the Mariel boat lift to be
executed in Florida.
_
March 30, 1998: Judy Buenoano, known as the "Black Widow,"
executed for 1971 poisoning death of her husband, Air Force Sgt.
James Goodyear. She was also convicted in the drowning death of
her son, who fell from a canoe, while wearing leg braces.
_
July 8, 1999: Allen Lee "Tiny" Davis bleeds from nose
during execution for 1982 slayings of a Jacksonville woman and her
two daughters. After pictures of his swollen and bloody face
appear on the Internet, Florida changes its method of execution to
lethal injection.
_
Feb. 23, 2000: Terry Sims, 58, becomes the first inmate to die by
injection. Sims was executed for the 1977 slaying of a volunteer
deputy sheriff in central Florida.
_
Oct. 9, 2002: Female serial killer Aileen Wuornos executed after
dropping appeals for deaths of six men along central Florida
highways.
_
Sept. 30, 2003: Paul Hill, 49, executed for July 29, 1994,
shooting deaths of Dr. John Bayard Britton and his bodyguard,
retired Air Force Lt. Col. James Herman Barrett, and the wounding
of Barrett's wife outside the Ladies Center in Pensacola.
_
May 25, 2004: Scheduled execution of James Blackwelder, who has
dropped all his appeals and is seeking execution for the May 6,
2000, strangling death of Raymond Wigley, a convicted killer
serving a life term at Columbia Correctional Institution.
Execution scheduled on 25th anniversary of Spenkelink execution.
Fla.
Plans to Mark Death Penalty's Return
By
RON WORD,
STARKE,
Fla. - As Florida plans to execute a man on the 25th anniversary
of capital punishment's reinstatement, the state is again facing
scrutiny � a twist that state prison officials call a
coincidence.
John
Blackwelder, a 49-year-old convicted child molester, said he
killed a man in prison just so he would be sentenced to die.
Unless he receives a last-minute stay, Blackwelder is scheduled to
die at 6 p.m. EDT Tuesday.
"I
made it clear, I want off this world. I can't kill myself. I'm not
suicidal. But I sure can make it hard for everybody else,"
Blackwelder told the Florida Supreme Court in 2000. He has dropped all his appeals and is seeking
execution.
Abe
Bonowitz, executive director of Floridians for Alternatives to the
Death Penalty, called Blackwelder's actions "governor-assisted
suicide."
When
the U.S. Supreme Court reinstated capital punishment in 1976,
Florida had no executioner, no written procedure on how to conduct
an execution and had not used the electric chair in 15 years.
Despite
those problems, on May 25, 1979, John Spenkelink, a drifter
convicted of killing a traveling companion, became the first man
put to death in Florida since the court's ruling.
Since
executions resumed in the United States, 910 people have been
executed, including 58 in Florida, according to the Death Penalty
Information Center. Florida leads the nation in the number of
inmates freed from death row in the same period � 25.
Among
the 44 inmates strapped into Florida's electric chair, known as
"Old Sparky," were serial killer Ted Bundy, "black
widow" killer Judy Buenoano and death row sage Willie Darden.
Another 14 inmates, including serial killer Aileen Wuornos, died
by injection.
The
chair has twice malfunctioned, with flames leaping from the heads
of two inmates. After pictures of one electrocuted inmate's bloody
face surfaced on the internet, the state did away with the chair.
Six
of the last 10 inmates executed in Florida have dropped their
appeals and asked to die.
Unlike
Blackwelder, the 30-year-old Spenkelink fought his execution. His
appeal made five trips to the U.S. Supreme Court.
David
Kendall, a Washington, D.C., lawyer who represented Spenkelink,
thought his client had a good chance to avoid execution.
"We
believed this was an excellent case for a commutation of sentence,"
Kendall said in a telephone interview. "Everyone expected
something to happen so John Spenkelink would not be executed."
Prior
to trial, Spenkelink rejected an offer to plead guilty to
second-degree murder and avoid the death penalty.
"He
felt it was not murder, but self-defense," Kendall recalled.
Then-Gov.
Bob Graham, who is now a U.S. senator, signed the warrant that
would end Spenkelink's life. Demonstrators beat a drum outside the
governor's mansion, then filled the lobby of Graham's office the
next day.
"What
a nightmare that was," said Jim Smith, who was Florida
attorney general at the time. "We were doing what we had to
do to make sure that the execution occurred. ... This was the law
of the state and it was my job to see that it was carried
out."
David
Brierton, who was Florida State Prison superintendent at the time,
declined to be interviewed.
Brierton
was criticized for his plans to keep the blinds drawn in the
execution chamber until Spenkelink was strapped in. Brierton hoped
to prevent a circus-like atmosphere at the prison like that when
Gary Gilmore asked to be executed before Utah's firing squad in
1977.
Instead,
the closed blinds led to accusations that Spenkelink had been
mistreated. An investigation found no such evidence.
Brierton
said earlier he had two fears � the chair wouldn't work or the
governor would call five minutes after it was over and say there
was a stay.
But
there would be no stay. After taking two shots of Jack Daniels,
Spenkelink was put to death.
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