Florida, B, 1833-1995, Undated

Online content

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denied ‘Forgay v. Conrad, 47 U.S. (6 How.) 201, 204,
‘icant and » 42'L.Ed. 404 (1848); Atlantic Federal Sav. &
klane Hosie “Ioan Ass’n, 890 F.2d at 376. The district

court order delays rather than directs the
payment of cash by Lockwood to Hickory

Johen v. B House. Significantly, neither Lockwood nor
J.S. 541, the estate of Hickory House would be irrepa-
1d. 1528 ri ~ ably harmed by delaying settlement of
to meet % »Hickory House’s claims against Lockwood.
rder Cf. In re Martin Bros. Toolmakers, Inc., 796

| F.2d at 1437 (noting that the Forgay—Conrad
aan rule allows review “whenever an order di-

-yects ‘immediate delivery of physical proper-
‘ty and subjects the losing party to irrepara-
“ple harm’ if appellate review is delayed until
* conclusion of the case” (emphasis added)).
“Thus, the second exception to the rule of
* finality, the doctrine of practical finality, does
“not compel our immediate review of the dis-
_ et court order.

¢ In the third and “most extreme,” id., ex-
Keeption to the final judgment rule, we. will
ereview immediately “even an order of .mar-

ginal finality ... if the question presented is
* fundamental to further conduct of the case.”
; Allantic Fed. Sav. & Loan Ass'n, 890'F.2d at
: 876; see also Gillespie v. United States Steel
{Corp, 379 U.S. 148, 153-54, 85 S.Ct. 308,
(31-12, 13 L.Ed.2d 199 (1964). Assuming
A aryuendo that the district court order is of
# marginal finality, settling Hickory House’s
> aims against Lockwood is in no way funda-
; -'mental to further conduct of this case. The
» proposed settlement and release agreement
{values Hickory House’s claims against Lock-
wood at $7,650, and we have no reason to
-question this figure.‘ The immediate resolu-
ition of this insubstantial sum is not funda-
“mental to the settlement of the rest of Hicko-
“ry House’s estate; accordingly, we need not
review the district court order, even if it had
‘deen marginally final.

. from enfor rein
vood. Thus th Ha
rict court. tk

eae

III. CONCLUSION
eee challenges the district court’s

f money
pldinant is _ affirmance of a bankruptcy court order that
carried immi . »4.. ‘Neither the bankruptcy court nor the district

«¢ Court challenged this assessment; both courts
f ,Tejected the proposed settlement and release
“. “ agreement because it impermissibly limited the
%.¢ rights of Snookies. In any case, this court can
« , Only accept or reject the proposed settlement and
* Telease agreement. We cannot appraise inde-
* * pendently Hickory House’s claims against Lock-

-wood and impose the resulting “agreement”

BOLENDER v. SINGLETARY 727
Cite as 60 F.3d 727 (11th Cir. 1995)

Bos

rejected a proposed settlement and release
agreement between Lockwood and Hickory
House. Because the district court order is
not a final judgment and because the order
does not fall within any of the three excep-
tions to the final judgment rule recognized in
this circuit, we lack jurisdiction to review the
order. Accordingly, this appeal is DIS-
MISSED.

W
° E KEY NUMBER SYSTEM
T

Y Bernard BOLENDER, Petitioner-
Appellant,

Harry K. SINGLETARY, Secretary,
Florida Department of Corrections,
Respondent—Appellee.

No. 95-4876.

United States Court of Appeals,
Eleventh Circuit.

July 17, 1995.

Petitioner whose death sentence was af-
firmed on direct appeal to the Florida Su-
preme Court, 422 So.2d 883, filed second
petition for habeas corpus relief. The United
States District Court for the Southern Dis-
trict of Florida, No. 95-1484—CIV, Federico
A. Moreno, J., denied petition and applica-
tions for certificate of probable cause to ap-
peal and for stay of execution. Petitioner
applied for certificate of probable cause to
appeal and for stay of execution. The Court
of Appeals held that: (1) application for stay
of execution would be granted to give Su-

upon the parties, nor can we remand the case to
the district court for such a determination.
Thus, to the extent that the resolution of the
Hickory House estate depends upon an exact
valuation of Hickory House’s claims against
Lockwood, this is a matter properly left to future
adjudication, which the bankruptcy court order
invites.

PALMQUIST v. PIPER AIRCRAFT CORP. 1411
Cite as 757 F.Supp. 1411 (N.D.Ga. 1991)

record directs the Court to reach a totally
different conclusion. The jury was proper-
ly instructed. in accordance with the safe-

guards provided -by the ‘Constitution.

XVII. INEFFECTIVE ASSISTANCE OF
COUNSEL AT ALL PROCEED-
INGS

_Bolender again claims that counsel at
trial and collateral proceedings were inef-
fective. This court, relying on the state
evidentiary hearing, has found otherwise.
The. reasoning has been discussed in the
earlier portions of this opinion and need not
be reiterated under this separately num-
bered claim. oe
WHEREFORE, it is hereby ORDERED
AND ADJUDGED that eet
Bernard Bolender’s Petition for Writ of
Habeas Corpus is DENIED. Petitioner is
granted leave to appeal i” forma pauperis
but the stay of execution previously grant-

ed is dissolved.

‘DONE AND. ORDERED.

aums)-

Milena S. PALMQUIST, Plaintiff,

Vv.

PIPER AIRCRAFT CORP., et
al., Defendants.

Civ. A. No. 1:90-CV-0587-JOF.

United States District Court,
N.D. Georgia,
Atlanta Division.

Feb. 8, 1991.

Tort plaintiff moved to discover defen-
dant’s corporate tax returns. The District
Court, Forrester, J., held that, under Geor-
gia law, defendant charged only with negli-
gence could not be held liable for punitive

damages, and thus plaintiff was not enti-
tled to discover defendant’s tax returns.

Motion denied.

1. Federal Courts ¢-390

“When there is no controlling state
court precedent, federal court sitting in
diversity must decide issues as it believes
state court would decide them.

2. Pretrial Procedure ¢-388

Under Georgia law, plaintiff entitled to
recover punitive damages may discover de-_
fendant’s tax returns, in that financial cir-

cumstances of -defendant are relevant to

issue of damages. 0.C.G.A. § 51-12-5.1(c).

3. Pretrial Procedure 388

Under Georgia law, defendant charged
only with negligence could not be held lia-
ble for punitive damages, and thus plaintiff
was not entitled to discover defendant's tax

_ returns. 0.C.G.A.-§ 51-12-5.1(b). »

Michael Hilliard Schroder, Thomas Daryl

Martin, Swift, Currie, McGhee & Hiers,
Atlanta, Ga., for plaintiff.
“ Francis C. Schenck, John Russell Phil-
lips, Greene, Buckley, Jones & McQueen,
John Allen Howard, Fortson & White, Deb-
orah A. Finnerty, Sewell K. Loggins, Moz-
ley, Finalyson & Loggins, Atlanta, Ga., Ed-
gar Glenn Parr, Vera Beach, Fla., for de-
fendants. _

ORDER

FORRESTER, District Judge.

This matter is before the court on plain-
tiff’s motion to compel discovery from de-
fendant Aerostar Transport Corporation.
Plaintiff seeks discovery of defendant Ae-
rostar’s corporate tax returns for the years
1989 and 1990 and discovery of the “finan-

‘cial circumstances” of Aerostar. Other

than the tax returns, it is unclear what
information plaintiff seeks. The motion ad-
dresses only defendant Aerostar’s objection
to Plaintiff's Request for Production of
Documents Number Ten which requests
the tax returns.

ARIZONA 12:01am _lethatinjection

JULY 12--LUIS MORINE MATA (Latino)has been
on death row since 1977. He was convicted of
the rape and murder of Debra Lopez (W/F).

TO TAKE ACTION

CONTACT:

lM Oklahoma Governor Fife Symington at The
State House, Phoenix, AZ 85007
@ Board of Pardons, 1625 W. Jefferson St,
Phoenix, AZ 85007

Largest Circulation Newspapers:
M™ Phoenix Gazette, 120 East Van Buren St,
Phoenix, AZ 85004

@ Arizona Republic, 120 East Van Buren St,
Phoenix, AZ 85004

* 7:00 am

FLORIDA electric chair -

JULY 12, 1995 -- BERNARD BOLENDER (White),
Age 42. Sentenced to death for the 1980 murder
of four men (2 W/M, 2L/M) during a drug deal/
robbery. Sentenced 4/25/80.

A Miami jury unanimously recommended life
imprisonment. Trial judge Richard Fuller nonetheless
imposed the death penalty. Among the more serious
legal irregularities at Bolender’s trial were disparate
treatment of co-defendants, evidence of innocence
not permitted at trial, evidence of government double
dealing and ethically questionable behavior by the
Miami State Attorney’s office.

TO TAKE ACTION
CONTACT:

Largest Circulation Newspapers
m Miami Herald, Herald Plaza, Miami,FL 33101
m The Orlando Sun, Box 2837, Orlando, FL 32802
@ St. Petersburg Times, Box 1121, St. Petersburg,
FL 33731
B Gainsville Sun, 925 N. Temple Av, Starke, FL
32091

Pennsylvania 10:00 pm--lethal injection

JULY 25 - SCOTT LOGAN (White), Age 35, has
been on death row since 1982 when he was con-
victed of murder (B/M) at age 21. He had already had
a two year history of mental illess at that time,
including suicide attempts and institutionalization. At
the trial he testified that voices told him to kill the
victim and said he wanted to be executed Since his
conviction, Logan has been in and out of Fairview
State Hospital (the facility where the most seriously
ill prisoners are treated.) His latest admission to
Fairview came just months prior to his warrant being
Signed. Logan has never appealed his case beyond
the mandatory direct review in the Pensylvania
Supreme Court because of his mental illness.

TO TAKE ACTION

CONTACT:

—™ GovernorTom Ridge at Room 225 Main Capitol
Building, Harrisburg, PA 17120; phone: (717)787-
2500; fax: (717) 783-8609

® Board of Pardons, 333 Market Street, Harrisburg,
Pa 17126,phone: (717) 787-2596; fax: (717)772-3135

Largest Circulation Newspapers:
m The Philadelphia Inquirer, 400 N. Broad St,
Philadelphia, PA 19103
m The Pittsburgh Post-Gazette, 50 Boulevard of
Allies, Pittsburg, PA 15222

UPDATES

ae ae

eed

IN MEMORY OF
THOSE RECENTLY EXECUTED

May 2 - Keith Zettlemoyer in
Pennsylvania and Emmett
Foster in Missouri,
May 10 - Duncan McKenzie in
Montana,
May 12 - Varnall Weeks in Alabama,
May 16 - Thomas Lee Ward in
Louisiana,
May 17 - Girves Davis in Illinois,
May 17 - Darrell Devier in Georgia,
May 25 - Willie Lloyd Turner in
Virginia,
June 1 - Thomas Fletcher Mann in
Texas,
June 8 - Ronald Allridge in Texas
June 20 - John Fearance in Texas
June 21 - Karl Hammond in Texas
June 21 - Larry Griffin in Missouri.

Initidiciniicinicicicicicicicicicieicicickicioicioicicicicicickicicicicicicicicicictcitcctcicicick

There have been 287 executions in
the United States since the rein-
statement of the death penalty in

1976.
28 executions have been carried out
in 1995.

National Execution Alert Network is a
project of the National Coalition to Abolish
the Death Penalty.

For more information, contact:

Ricardo Villalobos (Ricardo227@aol.com),
NCADP, 918 F St. NW Suite 601
Washington DC 20004, (202) 347-2411,
e-mail: abolition@igc.apc.org

An Annual Subsciption to the National
Execution Alert Network is $15.00
Please contact the National Coalition at
the above address.

™ Governor Lawton Chiles at The Capitol, Tallahas-
see, FL 32399-0001 ; phone: (904) 488-2272;
fax:(904) 487-0801

@ Board of Executive Clemency, 1309 Winewood
Blvd, Building 6, Room 323, Tallahassee, FL 32399-
2450, phone: (904) 488-2952; fax: (904) 488-0695

Joseph Spaziano of Florida received a Stay.
Michael George of Virginia, previously a
consensual, has decided to appeal his case.
The execution date for James Means of Texas
has been modified to August 29, 1995.

728

preme Court opportunity to consider antici-
pated application for writ of certiorari, and
(2) petitioner was not entitled to certificate of
probable cause to appeal, in light of proce-
dural bar of claims under Florida law, suc-
cessive nature of petition, abuse of writ, and
lack of demonstration of actual innocence of
murders.

Ordered accordingly.

1. Habeas Corpus <-679

Application for stay of execution would
be granted to give Supreme Court opportuni-
ty to consider petitioner’s anticipated applica-
tion for writ of certiorari.

2. Habeas Corpus ¢=365, 385

Claims presented in federal habeas peti-
tion were procedurally barred under Florida
law; facts relied upon by petitioner could
have been obtained through use of due dili-
gence years prior to filing of state motion for
postconviction relief, claims of ineffective: as-
sistance of counsel and Brady violation were
improper successive claims raised in prior
postconviction motions, and claim asserting
trial judge’s predisposition to impose death
penalty was disposed of on direct appeal.
U.S.C.A. Const.Amend. 6; West’s F.S.A.
RCrP Rule 3.850.

3. Habeas Corpus ¢898(1)

Claims presented in federal habeas peti-
tion constituted successive petition and were
abuse of writ, in light of facts that claims
replicated those brought in prior federal ha-
beas petition and that petitioner failed to
show cause for not asserting other claims in
first federal habeas petition. Rules Govern-
ing § 2254 Cases, Rule 9(b), 28 U.S.C.A. foll.
§ 2254.

4. Habeas Corpus <818

Petitioner was not entitled to certificate
of probable cause to appeal, in light of proce-
dural bar of claims under Florida law, suc-
cessive nature of petition, abuse of writ, and
lack of demonstration. of actual innocence of
murders for which petitioner had been con-
victed and sentenced to death.

60 FEDERAL REPORTER, 3d SERIES

Mark Evan Olive, Anne Faith Jacobs, :Vol-
unteer Lawyers’ Post—Conviction Defender
Organization, Inc., Tallahassee, FL, for ap-
pellant.

Fariba Nora Komeily, Asst. Atty. Gen.,
Dept. of Legal Affairs, Miami, FL, for appel-
lee.

Appeal from the United States District
Court for the Southern District of Florida.

Before TJOFLAT, Chief Judge, COX and
DUBINA, Circuit Judges.

BY THE COURT:

Petitioner Bernard Bolender is a Florida
death row inmate; his execution is scheduled
for tomorrow morning, Tuesday, July. 18,
1995, at 7 o’clock. Earlier today the district
court denied Bolender’s second petition for
habeas corpus relief and his application for a
certificate of probable cause to appeal. ‘ The
district court also denied Bolender’s applica-
tion for a stay of his execution.

{1] Petitioner has now applied to this
court for a certificate of probable cause. to
appeal and for a stay of his execution. We
deny the certificate. Because we anticipate
that the petitioner will apply to the Supreme
Court for a writ of certiorari, we stay peti-
tioner’s execution until 10:00 a.m. tomorrow,
July 18, 1995, to give the Court an opportuni-
ty to consider petitioner’s application. Any
stay beyond that shall issue from the Su-
preme Court.

The claims the district court has dismissed
were first included (in their present form) in
a motion petitioner filed pursuant to Rule
3.850 of the Florida Rules of Criminal Proce-
dure in the Circuit Court of Dade County on
June 8, 1995. That court rejected the claims
because they were procedurally barred; ac-
cordingly, the court did not reach any of
petitioner’s claims on the merits. The Su-
preme Court of Florida affirmed, Bolender v.
Florida, No. 86,020, —~ So.2d —— (Fla.
July 11, 1995), agreeing that Bolender’s
claims were procedurally barred. Claims 1
through 6 were barred because “[tJhe facts
upon which Bolender relies could have been
obtained through the use of due diligence
more than two years prior to the filing of this

BOLENDER, Bernard John, white, eléc. FL (Dade) July 18m 1995

C-6 The Orlando Sentinel, Wednesday, July 19, 1995

Killer waves goodbye, is executed

L] Bernard Bolander praised his defense
team. He was killed less than two hours
before his fourth death warrant expired.

ASSOCIATED PRESS

a botched drug deal.
Before he was strapped into Florida’s electric chair,
‘ Bernard Bolander, 42, praised his final defense team for
uncovering what he described as frame-ups and lies in
' his case. “They presented evidence and testimony that
could have made me a free man. But it came too late
| for me,” he said.

Before 2,000 volts of electricity surged through his
body, Bolander waved at Jenny Greenberg, one of two
attorneys he mentioned by name in his final statement.
She sat in the front row of the execution witness room.

Bolander was declared dead nearly 10 minutes after
the anonymous black-hooded executioner, who was
paid $150 in cash for the job, turned off the switch that
electrocuted the inmate.

ili. Appeals in state and federal
i courts delayed Bolander’s execy-
tion for six days. But he was put to
death less than two hours before
the expiration of his death warrant,
the fourth issued in the 15-year-old
case,

The U.S. Supreme Court denied |
his final appeal about a half-hour
before his scheduled execution, re-
jecting evidence he was framed by
a co-defendant. |

In final appeals, the condemned
man’s attorneys said they had obtained statements last
week from four inmates who said co-defendant Joseph
Macker admitted framing Bolander while in prison.

Macker pleaded Suilty to second-degree murder and
is now free; a third defendant in the case, Paul Thomp-
son, 49, is scheduled to be released from prison in 27
months.

Bolander, who ate a final meal of baby-back ribs,
french fries and peaches, had survived three previous
death warrants - - one in 1984 and two in 1990.

In the final hours before his execution, Bolander vis-
ited with his mother, sister, wife and daughter, and
played chess with a minister.

Bolander was condemned for the killings of John
Merino, Scott Bennett, Rudolfo Ayan and Nicomedes
Hernandez on Jan. 8, 1980.

They were to sell 44 pounds of cocaine to Bolander,
Macker and Thompson at Macker’s house but only had
2 pounds with them.

The victims were forced to Strip and then were
stabbed, beaten with a baseball bat and tortured for sev-
eral hours. Macker testified that Bolander used a hot
knife on one victim’s back.

Bolander

a llllsinsssanssisssnsasanssooanenso————

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i

IN RE USS.
Cite as 60 F.3d 729 (11th Cir. 1995)

motion.” Claim 7, seeking -an evidentiary
hearing on all claims, was rejected because

4 the record demonstrated conclusively that all
* of Bolender’s

claims were procedurally
barred. Claim 8, claiming ineffective assis-
tance of counsel, was barred as a successive

¥ claim (having been raised in a prior Rule

f 3.850 motion). Claim 9, a Brady claim that
+ Bolender had pursued and effectively aban-

doned.in a prior Rule 3.850 petition, was
barred because it constituted a “successive”

#. petition and, further, was untimely. Claim

10, asserting the sentencing judge’s predispo-

4 sition to impose the death penalty, was pro-
s cedurally barred as not cognizable in Rule

3.850 proceeding; the claim was disposed of

on. direct. appeal. Id. slip op. at 8-10, at

[2,3] The district court properly conclud-

# ed that all of the claims presented in Bolen-

der’s petition are procedurally barred under
' Florida law. The district court also properly

concluded that, aside from the state proce-
dural bars, the claims constitute a “succes-
sive petition” or an abuse of the writ under
Rule 9(b) of the Rules Governing Section
2254 Cases in the United States District
Courts. Petitioner’s claims are successive to
the extent that they replicate claims brought
in his 1990 federal petition, and they consti-
tute an abuse of the writ because petitioner
has shown no cause. for not asserting his
claims in his first federal habeas petition.

[4] Finally, we agree with the district
court that petitioner has not demonstrated
his “actual innocence” of the murders in-
volved in this case.

For the foregoing reasons, petitioner’s ap-
plication for a certificate of probable cause is
DENIED. His execution is stayed until
10:00 a.m.; Tuesday, July 18, 1995.

Our mandate shall issue at 5:00 p.m. EDT
today. The filing of a petition for rehearing

or rehearing en banc shall not stay the issu-
ance of the mandate.

IT IS SO ORDERED.

Ww
° H KEY NUMBER SYSTEM
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The Times-Union, Jacksonville, Wednesday, July 19, 1995 x

FLORIDA

REPORT

B-3

Inmate dies for 1980 drug slayings

Associated Press

STARKE With a_ black
hood covering his face, a con-
demned man who maintained
his innocence waved a final
farewell to his attorney just
seconds before his execution
yesterday for the 1980 torture
and murder of four men in a
botched drug deal.

Bernard Bolander, 42,
praised his defense team for un-
covering what he described as
frameups and lies in his case.

“They presented evidence and
testimony that could have made
me a free man. But it came too
late for me,” he said.

Bolander was smiling when
he was brought into the execu-
tion chamber. He _ tightly
gripped the hand of Assistant
Superintendent David Lehdr as
he was strapped into the three-
legged oaken chair.

Bolander was declared dead
nearly 10 minutes after the
anonymous black-hooded execu-
tioner, who was paid $150 in
cash for the job, turned off the
switch that electrocuted the in-
mate.

Bolander’s execution was the

34th since Florida reinstituted
the death penalty in 1976, and
the first since April 1994. He
was the 233rd inmate to die in
the electric chair handcrafted
72 years ago by inmates.
Appeals in state and federal
courts delayed Bolander’s exe-
cution for six ‘days. But he was
put to death less than two
hours before the expiration of
his death warrant, the fourth
issued in the 15-year-old case.
The U.S. Supreme Court de-
nied his final appeal about a
half hour before his scheduled

execution, rejecting evidence he
was framed by a co-defendant.

Before his execution, Bolander
visited with his mother, sister,
wife and daughter.

Bolander was condemned for
the killings of John Merino,
Scott Bennett, Rudolfo Ayan
and Nicomedes Hernandez on
Jan. 8, 1980.

The jury that convicted
Bolander in 1980 recommended
life in prison, but Dade Circuit
Judge Richard Fuller imposed
four death sentences.

Florida Executes Drug Dealer

AP 18 Jul 95 11:36 EDT V0143

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

STARKE, Fla. (AP) ~~ A man who went to the electric chair professing
his innocence was executed Tuesday for the 1980 torture slayings of
four men who didn’t bring enough cocaine to satisfy a drug deal.

The U.S. Supreme Court rejected the final appeals of Bernard
Bolander, 42, without dissent less than a half-hour before he was
scheduled to die. at Florida State Prison near Starke.

He was pronounced dead at 10:19 a.m., 10 minutes after his
electrocution, Ron Sachs, the governor’s chief spokesman, said. The
normal time is four to five minutes, and there was no immediate
explanation for the delay. :

Before he was strapped into the chair, Bolander told reporters in
his final statement that he had been framed.

"As I walk through this final point in my life, I want to tell all
of you who may be writing about this there are many people living here
who had lawyers who were incompetent, lazy, ignorant or simply too busy
to do a good job,” Bolander said.

He commended the work of his final defense team to uncover the
“lies, corruption and frameups" in his case.

“It came too late for me,“ the condemned man said. “The courts have
turned a deaf ear, and so apparently has the governor."

in several last-ditch appeals, Bolander's attorneys cited statements
obtained in the last week from four prisoners who said co-defendant
Joseph Macker admitted framing Bolander.

Macker pleaded guilty to second-degree murder and is now free, and
co-defendant Paul Thompson, 49, is scheduled to be released from prison
in 27 months.

U.S. District Judge Federico Moreno of Miami refused to give
Bolander a reprieve Monday, saying the inmates’ statements were “not
the reliable testimony“ that the U.S. Supreme Court required for
canceling an execution.

The jury that convicted Bolander in 1980 recommended life in prison,
but Dade Circuit Judge Richard Fuller elevated it to four death
sentences.

He was condemned for the killings of John Merino, Scott Bennett,
Rudolfo Ayan and Nicomedes Hernandez in Miami on Jan. 8, 1980.

They were to sell 44 pounds of cocaine to Bolander, Macker and
Thompson at Macker’s house but had only 2 pounds with them.

The victims were forced to strip and then were stabbed, beaten with
a baseball bat and tortured for several hours. Macker testified that
Bolander used a hot knife on one victim’s back.

Merino was still alive when all four were placed in the trunk of a
car that was doused with gasoline and set afire on a highway ramp,
court records show.

Bolander was the 289th person executed in the United States and the
34th in Florida since the Supreme Court allowed restoration of the
death penalty in 1976. There have been 32 executions this year
nationally but Bolander’s was the first in Florida since April 1994.

Killer in Drug Deal
Is Himself Executed .

STARKE, Fla., July 18 (AP) —A
man went to his death in the electric
chair today professing that he was
not guilty in the 1980 torture Slayings
of four men in a failed drug deal.
They four were killed because they D/D
not bring’enough cocaine, according |
to court records.

The Supreme Court rejected the
final appeals of the man, Bernard
Bolander, 42, without dissent less
than a half-hour before he was
scheduled to die at Florida State
Prison near Starke.

Mr. Bolander was pronounced
dead at 10:19 A.M.

N.y. TIMES
| WED. 7-19-95

BOIENDER, Bertrand III - Florida.

LETTERS TO JUDGE NEEDED

BERTRAND (80) BOLENDER III, a 32 year old white man, is on Death Row in Florida, for
a crime many feel he did not commit.

He was convicted in 1980 of the torture-murder of four drug dealers. One of his
co-defendants turned states evidence to testify against Bolender; the other pled not
guilty by reason of insanity.

Bolender, a cocaine dealer himself, has always maintained he was not involved in
the murders, but was home in Fort Lauderdale when the crime was occurring in Miami.
His attorney at trial was less than effective.

For example, the state's only physical evidence was a set of Bolender's prints on the
car in which the victims were found. The attorney failed to present testimony that
the orints could have been made weeks prior to the murder, since the car was often
psi dfn Bolender's driveway This was because one of the‘victims and tis wife

had been steying at Bolender's home. Bolender's chief alibi witness was the wife

of this victim. Unfortunately, on the day she testified in court, her English (she
was from Columbia) was not intelligible; the judge refused to allow her to return

to the stand with an interpreter on the following day. Bolender's attorney failed
to call the other alibi witness, a neighbor of Bolender's who would also have been
able to testify that at the significant time, he was indeed in Fort Lauderdale.

The prosecution's witnesses (a participant turned states evidence and his wife)
gave somewhat contradictory testimony. The jury asked, during its deliberations,
to have a copy of their testimony, but the judge refused.

At the penalty phase, the attorney presented no mitigating factors. The jury
however, after a brief time, made a recommendation of life. The judge overruled
this on the basis that the crime had been "especially heinous, atrocious, and cruel."

On January 4, 1985, there will be a new hearing before a Circuit Judge in Florida,
on a motion to vacate the sentence and grant a new trial. Letters are needed,
both to urge that this death sentence be vacated,. and to let the judge know that
there is widespread opposition to the death penalty, as well as support.

JUDGE HERBERT KLEIN, CIRCUIT JUDGE
Metro Justice Building

1351 NW 12th Street

Miami, FL 33125

For more information or to help with legal expenses:
Joyce Beskar
Box 3307
Roanoke, VA 22018
703-534-6050

[Checks can be made to the Virlina District Church of Brethren and should have a
cover letter explaining that it is for Bo Bolender's legal costs. ]

CURRENT ATTORNEY: Joe Durant 305-326-0090

Ur OA TES

Dec. 12 Georgia: Alpha Otis Stephens was killed. A malfunctioning meant that
he was alive until the second jolt, a number of minutes later.

Still pending: Robert Willie Louisiana Dec. 28 (see Alert 84-C and 84-D)

CORRECTION: The date of Robert Willie's death sentencing was July 6, 1982, not
Nov. 13, 1980, as previously stated.

HOLIDAY REMINDER: National Execution Alert numbers for OeCourcy Squire
Dec. 22-29: 304-599-3109 (West Virginia)

Dec. 30-Jan. 6: 513-351-1032 (Ohio)

ant pine

il aati --

"Starke, Flat A Miami judge granted a tempora Pr
stay for convicted killer Bernard Bhlander, 37s
postponing today s, execution until 12:01 pm :
EST Friday. Bolender, 37% received the death
penalty for the 1980 murders of four men in a

crack cocaine deal that went bad." USA TODAY;
3-7-1990 (3A 31.2

"Miami-Bernalrd Bolander, 38, set to die in elec-
tric chair today, was given indefinite stay dy

federal judge. Bolander was convicted in '80
slayings of menecet USA TODAY, 10/3/1990 (10A)

en A AA Ad

Bolender

He Bea

for killing 4

Garmesutle Son ) “ligla: @. Bi

By DAVID GREENBERG:

Sun staff writer

STARKE — Insisting with his final words that he was framed,
Bernard Bolender was executed Tuesday morning in Florida’s
electric chair for the 1980 torture and slayings of four Miami
drug dealers. “i

Attorneys for Bolender, 42, tried until minutes before the
scheduled 10:05 a.m. execution to get the courts or Gov. Lawton
Chiles to hear what they described as new evidence that would
shed doubt on the extent of Bolender’s involvement in the mur-
ders. But from a Miami circuit court up to the U.S. Supreme
Court, judges ruled that the new information was procedurally
barred from being presented.

USS. District Judge Federico Moreno also said that putting the
procedural rules aside, there wasn’t enough new evidence to
stop the execution. Chiles agreed.

Bolender read his final comments
from two handwritten pages held for i
him by a. prison * official’ ae tetape Le: main
strapped in the electric:chair at Floric Nn
State Prison near Starke. a witness “

“As I walk through the final part of my , against
life, I want to tell all of you who will be | ye
writing about this that there are many him lied
people like me here whose attorneys: :
were incompetent, lazy, ignorant or sim- during a
ply too busy to do a good job,” he said.

“Many of us will be killed here. The polygraph
Volunteer Lawyers Resource Center test.
worked with integrity, devotion, persis- j
tence and determination to try to stop pa :
the frame-up, lies and corruption, But the courts have turned a
deaf ear, and so apparently has the governor, Despite the out-
come, I cannot thank the Volunteer Lawyers Resource Center
enough, especially Jennifer Greenberg and Matthew Lawry for
their tireless work and devotion to my. cause.”

Bolender’s reference to frame-ups, lies and corruption dealt
with recently revealed evidence, the .witness against

him — Joseph Macker — lied during a,polygraph test about his
own involvement in the murders.

Bolender contended that he was not involved in the murders,
but was called in by Macker. and Paul, Fred Thompson to help
clean up afterward.

Macker, whose testimony was the main part of the prosecu-
tion’s case against Bolender, pleaded guilty to second-degree
murder and served seven years..He was supposed to have
passed a polygraph before his testimony could be used. He actu-
ally failed that test, and the results were kept secret until about a
month ago, when defense attorneys were able to get them be-
cause of a court decision. tent

Thompson, who initially was thought to: be incompetent for
trial, later pleaded guilty to second-degree murder and is serving
a 35-year sentence. ;

Before making his statement, Bolender nodded, smiled and
waved several times to Greenberg and the Rev. Fred Lawrence
of First United Methodist Church in Gainesville, who sat in the
first row of witnesses, about three feet in front of Bolender,
separated by a piece of Polyglass. Greenberg and Lawrence
nodded back at Bolender several times. .

See EXECUTE on Page 2B

Vian executed

By RON WORD a byl wit
of The Associated Press 4 (9/2) mh age

STARKE — With a black hood oVvering his face,
a condemned man who maintained his: innocence
‘waved a final farewell to his attorney just seconds
before his execution Tuesday for the 1980 torture

frame-ups and lies in his case, '
“They presented evidence and testimony that

could have made me a free man. But it came too.

late for me,” he Said.

Before 2,000 volts of electricity surged through
his body, Bolander waved at Jenny Greenberg, one

witness room. '
Bolander was declared dead nearly 10 minutes
after the anonymous black-hooded executioner, who

was paid $150 in cash for. the job, turned off the

switch that electrocuted the inmate,
His execution was the 34th since Florida reinsti-
tuted the death penalty in 1976, and the first since

"and is free; a third defendant in thy);

15 years [i

two hours before the expiration

of his death warrant, the fourth
issued in the 15-year-old case, '

oS Bem

The U.S. Supreme Court de- ,
nied his final appeal about a ie tong , wee
half-hour before his execution, _
rejecting evidence he was Person to die
framed by a co-defendant. . . in Flor ida’s i 3s

In final appeals, Bolander’s electric chair

attorneys said they had ob. this year.

tained statements last week :
from: four. inmates who said co-defendant Joseph
Macker admitted framing Bolander whije in prison,

Macker pleaded Builty to second-depre

Thompson, 49, is scheduled to be Teleased fre
on in 27 months,

Bolander, who ate a final meal of baby back ribs,
french fries and Peaches, had survived three prevj-

Bolander was condemned for the Killings of John

Merino, Scott Bennett, Rudolfo Ayan and Nicomedes

Hernandez on Jan, 8, 1980.

_The victims were forced to strip and then were
Stabbed, beaten with a baseball bat and tortured for
Several hours. Macker testified Bolander used a hot

_ Knife on one victim's back,

Merino was stil] alive when all four were placed
in the trunk of a car that was doused with asoline

EXECUTE |

continued from Page 1B

Bolender appeared calm through the entire process.

After Bolender’s face was covered by black cloth, he waved
one last time in Greenberg's direction with his right hand.

At 10:09 a.m., the executioner threw the switch. About 10
minutes later, after physicians assistant Bill Mathews and Dr.
Jorge Franceschi-Zambrana examined Bolender, he was pro-
nounced dead, becoming the 34th man to be executed in Flori-
da since the death penalty was reinstated in 1976.

During the wait to confirm that Bolender was dead, Chiles’
attorney Mark Schlakman — who was on a direct phone line
from the governor’s office into the execution chamber — asked
Florida State Prison Superintendent Everett Perrin to come to
the phone to repeat the inmate’s last words.

“I wanted clarification on what he said,” Schlakman said.
“Gov. Chiles ... takes the responsibility thrust upon him very
seriously. He weighs all the information, closely examining the
court decisions and all the material.”

Schlakman said Chiles reviewed the possibility of clemency
as late as Monday night and continued to look at court decisions
up until a few minutes before the execution.

Following the execution, death-penalty protesters gathered
in a field across from the prison expressed stronger-than-usual
emotions about the execution. About 15 protesters held a can-
dlelight vigil during the execution.

“How guilty do you have to be to die?” asked Bonnie Flassig
of Gainesville, a member of Citizens Against the Death Penalty.
“One man is out on the street, and another will be released.
How can you let someone die and not be sure he committed the
crime? Some of us are very angry. I would hate to think that
someone died who was innocent.”

Inside the prison, Bolender spent a quiet, restful night before
his death, said Department of Corrections spokesman Gene
Morris. He had visits from his wife, Joyce Bolender; daughter,
Erica May; mother, Beatrice Bolender; sister, Denise Fink;
attorneys Greenberg and Lawry; investigator Jeff Walsh; and
Lawrence.

ed Court < acar that was pork

/ i ourtjidge denied an appa of a Death Row. egancd
inmate Scheduled to’be exechted this week, ©" tecstet

murder in Miami, filed a‘ notice of appeal to the state Supreme’ Ayan, Nicomedes Hemandez..They were to sell 22 Pounds of co." Matthew Lawry, ;
lia Chicas ch nce DN IAE ES cee al T and two others, who on etua® sellers had. représénting Boland

renee eonmeeeee

egh POR,

_ Execution’ of dr

ff Si
‘aa
PUN

An ‘Aj

ug dealer

: who’ killed, 31 is delayed —

United Press sinerhlon: od, 90
‘A federal judge. has. blocked the

' execution of a convicted multiple
< ; murderer. who was ‘scheduled to die.

(. Wednesday” suk in) ; Florida’ $
{\electiic chair. cae
“U.S, District Judge: Federico ‘A:

‘Moreno granted an indefinite stay of

execution late Monday for Bernard

~ Bolander, Florida’ .Department: of

‘Corrections . apelaninen Bob: Mac-

' mastér said. -

’ Bolander’ s antes reached siiws
eno’s office late Monday, forcing the
judge ‘to issue the stay so he:could
have; time to consider the’ issues
raised in the petition, a court official
said. .

Bolander, 38, was po er ea to
die at 7 a.m. Wednesday. . Ae

He received four‘separate death
sentences for the Jan. 8, 1980, tor-
ture murders of four cocaine dealers
in Dade County. —:! CNM

. According to court records, vic-
tims John ‘Merino, Scott Bennett,

' kilogra

Rudolfo Ayan’ and Nicomeédes Her-..

nandez were involved in ‘a. cocaine ‘

deal with, Bolander and two other
men.'/0 ctu
‘The victims had ‘adil a single

more. To make them tell, he and his

m_ of cocaine,- but Bolander. °
believed : they -had, 20 kilograms:

accomplices beat, “stabbed and tor-.

tured them for several hours. :,
Three died, but Merino was still

- alive when the fout were placed ina

car and: driven to an expressway
ramp. Bolander’s group attempted
to torch.the vehicle, but pasty
doused the flames. -\--

One of Bolander’s accomplices '
later testified. against him and he
drew 12 concurrent life sentences
for his part in the crime. The other
defendant was. acquitted by reason
of insanity. :

i Gdv.: ‘Bob: ‘Martines, nd ‘the
third death opie for Bolander on
Sept. 48 ee rh aaa

Spe T er a
eee ace so iene Ne on

TE,

Avenues of appeal dwindle
for a man accused of killing
four people in a drug deal.

Zz 3
By CATHERINE WILSON / gi
Associated Press Writer Ve /: ral

_ MIAMI —. Three federal courts refused
Monday to cancel the ‘scheduled execution
of a drug dealer convicted of killing four
men whose bodies were set afire in a car
trunk, but two appeal avenues remained
open. Dae See
Bernard Bolander, 42, faces the electric
chair at 10:05 a.m. today for his role in the
attack on drug sellers who were stabbed
and beaten Jan. 8, 1980, after a bad deal
near the height of bloodthirsty Miami co-
caine dealings. :
The U.S. Supreme Court rejected one ap-

. Peal Monday, but two other petitions were

still pending before-the nation’s high court.
™ 5

_ =

| Inmate faces execution today

fused to intervene.

The 11th Circuit delayed the execution
for three Hours but denied relief shortly af-
ter a Miami federal judge rejected Bolan-
der’s appeal. =
’ Bolander’s attorney, Mark Olive, argued
in Miami for intervention, Claiming Bolan-
der was innocent based on statements from
four former cellmates who say co-defendant
Joseph Macker, now free, admitted framing
Bolander. 2

U.S. District Judge Federico Moreno
Tuled that Bolander “had not shown that a
fundamental miscarriage of justice would
result from a failure to entertain his
Claims.”

Assistant State Attorney General Fariba
Komeily argued that all of the fresh evi-
dence could have been obtained and pre-
sented when Moreno heard the.same case
in 1990 and it was too late to get into it on
the fourth death warrant, which expires at

—<—<—<<—<—<—————

[Ki fi

A ad
Em

Florida/Metro-3

noon today. __ :
“The contention is [the inmates] contact-
€d us because execution is imminent,” Ko-
meily said. “Bolander’s execution has been
imminent three times before.” -
The timeliness issue was important for
Moreno, who asked Olive, “Can you envi-
sion a case where there’s finality?” The
judge noted there are ‘
who’ve signed death warrants. Fifteen years

Olive said he could envision such a case, -

but Bolander’s case wasn’t it. .

“A truly persuasive claim of actual inno-
cence knows no time limits,” Olive said.

Avon Park Correctional Institution in-
mate Clarence Muscynski rote an affidavit
Sunday saying he was Macker’s cellmate
for five years. Macker told him he “put a”
guy on the row,” referring_to death aow, to
save himself. a

“Joe was very proud of himself for pull-
ing this off,” Muscynski said. “Joé Said the
guy really got screwed because of his lies.”

Tuesday, July 18, 1995

Bolander file. - ae

Key facts in the scheduled execution of
Bernard Bolander:

Name: Bernard
Bolander. —

Date of birth:
Sept. 1, 1952.

Also known as:

‘ Alexander Bo Solo;
Bernard Bolender

- It; Barnard

: Bolender; Bernard

** John Bolender ll;
John Barnard

’ Bolender; Robert ~ - -
Monoco. Bolander
Execution: Rescheduled 10:05 a.m.
today.
Warrant: Expires noon today. Fourth -f?7
warrant.
Convicted: April 25, 1980.
Charges: Four counts each of
first-degree murder, kidnapping and
robbery.

Victims: John Merino, Scott Bennett,
Rodolfo Ayan, Hicomedes Hernandez.

Associated Press

BOLENDER, Bernard John, white, elec. FL (Dade) July 18, 1995.

tatiana eily

by ALAN HOBSON

MIAMI, FLA., APRIL 25, 1980

At 4:55 a.m. on a January morning,
I-95, South Florida’s main artery,
which shortly would become bumper-
to-bumper congested, is almost de-
serted. That hour is late even for late
carousers, and early, with a few excep-
tions, for the early work force. Among
such exceptions, by long tradition, are
the milkmen.

Therefore, not surprisingly, it was a
truck driver for Velda Farms Dairy
who made the horrifying discovery,
Tuesday, January 8, 1980, at 4:55 a.m.
Headed for Fort Myers with a load of
dairy products, the milkman turned his
delivery truck up onto the northbound
ramp of I-95 at Miami Gardens Drive,
which is also NW 186th Street.

The dark shape of a two-door sedan _

hulked about 50 feet off the pavement
by a utility pole. It was ringed in
flames.

The milkman swung off thé pave-
ment and jerked his brake on. Snatch-
ing his fire extinguisher, he leaped out
of the truck and ran toward the burn-
ing car. As he approached the fire, he
saw that it was concentrated in the sur-
rounding grass and was just reaching
to lick at the vehicle. Squirting his ex-
tinguisher, the milkman doused an
area sufficient to safely reach the car’s
door handle. Even in the fading dark-
ness and the smoke he thought he had
seen a pile of blankets and clothing in-
side.

The door was unlocked. As the
milkman yanked it open, he saw a foot
protruding from beneath an orange
and black quilt in the front. A blue-
fringed rug of oriental design was
humped in back over a shape suggest-

ing another body.

The milkman backed away in disbe-
lieving horror. His eyes frantically
swept the ramp and the access street.
Another Velda truck was just making
its entry turn. The milkman flagged
his fellow worker down and yelled for
him to call police.

Sheriff's deputies and firemen were
there in minutes. The fire itself was
swiftly controlled. Apparently, it had
barely started, and the dew-damp grass
had checked rapid spreading: But Lt.
Charles F. Watterson of the Dade
County Fire Department called it
arson. Flamable liquid had been
poured on the ground in the area of the
vehicle and ignited in an obvious at-
tempt to destroy the car and its con-
tents. The attempt failed because of the
milkman’s arrival. The car’s side win-
dows were scorched, but not enough
heat had been generated to cause much
damage inside. Some of the viny] ceil-
ing had melted as well as the right
visor and the right-hand portion of the
left visor. Several plastic containers of
flamable liquids were found inside the
car and in the trunk. The odor around
the car indicated that gasoline had
been poured under and into the trunk,
but still, it had escaped the flames.

The contents of the automobile, a
1975 white over blue Chevrolet Monte
Carlo, were not. burned. Dr. Donna
Brown from the Medical Examiner’s of- -
fice confirmed that death of the human
cargo had not been caused by fire.
These conclusions were reached after
an investigation and autopsy.

Officer Ben Anjina, the first deputy,,
from Dade Public Service Department
(PSD) to reach the scene, at once called >
Homicide, which turned out a large
team: Det. Steve McElveen, who would

an
‘

be lead investigator, Det. Sgt. Steve
Jackson, Det. John LeClaire, Det. Carl
Callenberger, Det. A.D. Moore, Det.
Lloyd Hough, among them. Gerald J.
Reichart supervised the crime scene
technicians which included, John Lur-
vey who processed for latents, Al Kap-
lan who took photos at the site, and
Dolly Ballard who shot aerials.

The first investigators noticed the
corner of a blanket sticking out from
under the closed lid of the trunk. With
the car keys which were still in the
ignition, they opened it. Inside were
two bodies, one on top of the other, One
was wrapped in a royal blue crushed
velvet bedspread, the other in a pink
comforter. Both were drenched with
blood. These two plus the body in the
front seat and the one on the floor in
back made it a quadruple murder.

Near the death car were some scraps
of cardboard trash which bore tire im-
prints from a skidding vehicle, quite
different from the tires on the Monte
Carlo. Shattered glass from a pop bottle
also appeared to have been in the path
of what police speculated was the
getaway vehicle. Detectives further
surmised that the culprits had aban-
doned the death car, believing that set-
ting a fire would destroy the evidence.
The milkman had probably arrived
shortly after they sped away. This con-
jecture was supported by the report of a
patrolman who had stopped another
vehicle on a traffic violation close by.
The Monte Carlo had not been there at
that time the officer was handing out
the ticket.

The death car was registered to Scott
T. Bennett at an address on SW 107th
Avenue. McElveen asked Callenberger
to check it, The owner of the house said
that Scott Bennett did not reside there

but did s
address
informed
located |
Lake Ap
Dets
there, but
not in. T}
PSD head
2 p.m. Th
intricate
Scott B.
dent of t
ments, t}
frequent)
who were
Callenb
the youn;
hometow.
Rhode Is]
the victin
father, n
salesman
Pawtucke!
Bennet:
halfback
because of
Moses Br«
where he
the 50 an
enrolled

corp

By Phil Coale
* + DEMOCRAT WRITER

; . —STARKE
I have witnessed death result-
ing from violent and natural causes
many times asa photojournalist.
Never before, Tuesday had |
Seen death by execution. Never
have I approached such a strong
assignment without my camera,

I was one of |

. Six, journalists
™ from newspa-
{ Pers around the

in Starke to wit-
‘ness the execu-
tion of convict-

murderer Ber-
nard Bolander,
was . the

!! cution since re-
instatement. of
the death pen-
alty in’ 1976,

‘Through: i5
{years of trials

executed for taking the. lives of |. ;

four victims in Dade County,

‘ Bolander even had the opportu-
nity to order:a last: meal of his
choosing — two Slabs of baby-back
~ ibs, a 16-ouncé Delmonico steak
with mushrooms and french fries,
and dessert of four ‘fresh peaches,
He ate it.all, and complimented the
Chef. * penamee 5

Following crime .

to ils:ultimate end
I requested to be on'the active

witness list through the Florida

.Press Association because, until

Tuesday, I had photographed eVEry

Stage of-capital crime except the ul-

timate punishment,

I have’ photographed’ accused.

murderers, murder scenes, murder
victims, anguished families, court.
room Proceedings and sehtencings,
But I had never been there at the
€nd ... when the act came full
Circle, :
The end would not afford me a
Professional Opportunity. Florida law
does not allow anyone to Photograph

State gathered:

-ed quadruple.

{; State's 34th exe: '

Executions could

‘criminals,

Sleeping, .

let everyone witness
where crime can lead;
make executions public

an execution. ;

But-I wanted to see the final step,
the ultimate price a Criminal pays;
for taking someone's life,

- My belief is that the death penail-
ty is retribution for the Crime! of
murder. What I saw reinforced rny
belief that it could be a deterrent to

‘Other murders — if used properly,

. TO get the maximum use of the
death penalty as a deterrent, Society |.
Should demand public executions, |
can only imagine that the executions

‘Would be closely watched by in- |

mates ‘of halfway houses and hoot

‘Camps, where young offenders Sland
‘at the fork in the road of crirninal

behavior. There,’ young offenders
could see a man’s face as. he is pre-

pared for 2,000 volts of electricity

that will end his life.

Shouldn't this’ be

a lesson to others?

~~ m—., I'll not for-
get how the |}
condemned |.
‘Was led into a

smal! . room,
Straped tight.
ly to an oak
Chair and har- ;
. hessed with an |'

- electrode to
» his shaved
head. His body

_ Strained at the |:
. Straps when

Bolander

Set an example for ..
7 . Passed
hi - through his

: _ ‘limp when it|’
was over,.-like he was merely

‘T will carry from the experi-

ence, and remember forever, how ‘

I felt; —
Closure,.A sense of. justice. A

feeling that the criminal-justice ,

System had worked. : :!

_ .-T can’t say it was gruesome or |'

Bory. But’ it. was’. certainly |.
sobering: nas

That cold splash of reality will
stick with me — just ‘as it might
Stick with-a wayward youngster,
And that might save at least one |
person from ending up like Ber. '
nard Bolander, And believe. me, it
was not a happy ending.

~~.

the electricity .

body, then sat’ '

immate executed for murders

& Proclaiming innocence
to the end, Bernard “Bo”
Bolander dies in the
electric chair. RY ae

/
Was

STARKE — Bernard “Bo” Bo-
lander went calmly to his death in
Florida’s electric chair Tuesday
morning after protesting that he
was framed by a co-defendant who

“is now free.

Bolander blamed “‘incompe-
tent, lazy and ignorant” lawyers
for his conviction in the 1980 tor-
ture murders of four men who

By BILL MOSS
Times Staff Writer

. Showed up for a drug deal rvith 42 ;

pounds less of cocaine than they
were supposed to bring.

Reading from a two-page note
he had written in careful, neat
print, Bolander thanked his most
recent defense team for exposing
“frame-dps, witnesses, corruption
and lies . . . that could have made
me a free man.”

“But it came too late for me,”
he went on, reading into a micro-
phone held by: the prison superin-
tendent. “The courts have turtied
a deaf ear, and so, apparently, has
the governor.”

Bolander, 42, nodded several

times to two friends seated in the- _

front row of the witness room: the

-- Rev. Fred Lawrence of Gainesville

Please see EXECUTEL 5B

Shortly before
his execution,
Bernard “Bo”
. Bolander had
harsh words
7 mess ~-for his former -
/ $=. attorneys and
an Te kind words for
his most
recent ones.

Executed side 1B

and Jenny Greenberg, one of the
attorneys who pushed Bolander’s
appeals through a series of courts
over the past 15 days.

Only 30 minutes earlier, the
U.S. Supreme Court had refused
to stay the execution. Had Bolan-
der won even a two-hour delay, he
would have seen another sunset.
His death warrant, signed May 24,
expired at noon Tuesday.

His head shaved and covered
with gel to increase the conductivi-

_ . ty of the electrical jolt that would.

kill ‘him, Bolander walked into the
death chamber and immediately

‘| made eye contact with Lawrence

“and Greenberg. They returned his
"gaze and nodded back as he sig-
naled to them. He winked at
Greenberg. His mouth formed a
tight smile as he again gazed at
those two witnesses; as if to say he
was bearing up. :
When prison personnel placed
the black leather hood over this
head, the condemned man lifted his
right hand and waved, a gesture
that veteran execution watchers
could not recall having seen.
Given the go-ahead on the
phone from Gov. Lawton Chiles,
superintendent Everett Perrin
nodded to the executioner to
throw the switch. At 10:08, 2,000
volts of electricity surged through
Bolander’s body. He jerked back
violently, went rigid for 41 seconds
and then went limp, his chest scar-
let. .
He clenched his hands, his left
: sriky resting on the oak arm of the
-ectric chair built -by-inmates in

‘323 and known as “Old Sparky.” -.

After the two-minute jolt of
":2ctricity, a physician’s assistant

7 ita [ok SS burg ; LLP ae: ad

and then a doctor labored over
Bolander’s body for 10 minutes.
They seemed to be unsure wheth-
er he was dead. They alternated
between taking his pulse at his left
wrist and checking his heart with a
stethoscope. Subordinates shot a
glance at Perrin, their big, white-
haired boss, who stood stoically. At
10:19, Dr. Jorge Francheschi-
Zambrana pronounced Bolander
dead, and Perrin reported on the
phone to Chiles that the execution
had been carried out.

“I think it takes several min-
utes” to check vital signs, said
Mark Schlakman, the governor’s
attorney for death penalty cases.
“This one took 10, but as far as
what was represented to me, there
was nothing unusual.”

Bolander spent the last hours
of his life visiting with lawyers

- Greenberg and Matthew Lawry,

investigator Jeff Walsh; his moth-
er, Beatrice, his wife, Joyce Bolan-
der, and his 24-year-old daughter,
Erica May.

Lawrence, pastor of First Unit-
ed Methodist Church in Gaines-

_ Ville, played chess with Bolander

between 3 and 6:30 a.m.

“T do not have information as to
who won,” said Gene Morris, a
Corrections Department spokes-
man. Bolander “was reserved_and

stoic throughout the night. He die

not sleep at all.”

At 7:30 a.m., guards brought
Bolander his last meal: two slabs of
barbecued baby-back ribs, a 16-
ounce Delmonico steak (the prison
chef couldn’t find the requested
ribeye) with mushrooms (cooked
medium), and four fresh peaches.

- “He ate the entire meal and
even complimented the chef be-
cause he was particularly fond of
the ribs,”’ said Morris.

His head and lower right leg
were shaved at 8 a.m., an hour and
a half before the U.S. Supreme
Court rejected his last appeal.

Walsh, an investigator with the
state agency that represents death
row inmates, was among the visi-
tors Monday night.

Bolander “was obviously disap-
pointed that the courts and the
governor did not listen to what was
presented,” he said. “I think the
Volunteers Lawyers Resource
Center presented a very accurate
case. Mr. Bolander was clearly not
guilty of what he was convicted
of.” 4

The lawyers obtained affidavits
over the past few days from prison
inmates who claimed they had

heard Bolander’s co-defendant.

brag of framing Bolander for the
Jan. 8, 1980, murders of John Me-
rino, Scott Bennett, Rudolfo Ayan

and Nicomedes Hernandez in the --
. formation about Bolander’s pend-

botched Miami drug deal. The men
were forced to strip, beaten with
baseball bats and tortured with a
hot knife. One was still alive when
all four were stuffed in a trunk that
was doused with gasoline and set
on fire.

Co-defendant Joseph Macker
pleaded guilty to second-degree
murder charges and testified
against Bolander. The state failed
te.disclose that Macker had failed'a
lie detéctor test and had withheld
other evidence that could have
cleared Bolander, attorneys Mark
Olive and Anne Jacobs argued in a
July 12 emergency miotion. They
called Macker “‘a liar; a violent and
dangerous criminal, an extortion-
ist, a briber . . . and a confederate
of ‘Murder Incorporated,’ ”’ a
South Florida crime syndicate.

Macker, 56, was released from
prison in 1989. A third defendant,

/9- 9S

ra Vd _2

49-year-old Paul Thompson, is duc
to be released in early 1098. ©

Bolander’s attorney in the trial,
Jimmy Della Ferra, was fresh out
of law school and was doing co-
caine himself when he was defend.
ing a man in a capital case, the
attorneys said.

“As I walk through this final
part of my life,” Bolander ssid 2:
he sat in the electric chair, “i wari
to tell those of you who will be
writing about this that there a-c
many people like me wuo had at-
torneys, incompetent or uncom-
mitted, lazy or ignorant, or just tro

.. busy to doa good job. And so-we-sii

on death row, and many of us will
be killed here.”

He praised attorneys Layry
and Greenberg for “their tireless

work and devotion to mv caus2.”

The attorneys set ua a Wold
Wide Web site on the Interns!
computer network to publicize in-

ing execution, apparently a first in
Florida.

Investigator Walsh was al-
lowed a brief contact visit Monday
night with Bolander, who thanked
him for all his work on the appeal.

“He was more worried about
us than he was himself,” Walsh
said. “I hugged him, and he thar':-
ed me and said, ‘Don’t carry this
around with you the rest of yotir
life.’ ”

A handful of protesters path-
ered in a pasture across from Flor-
ida State Prison, where the July
heat settled in like a warm, wet
blanket.

“I don’t know why the people
of Florida continue.to believe the
death penalty does any good;”-sai: -
Bonnie Flassig of Gainesville. “In
our name, most likely an innocent

man died today.”

ceog tL phy lG1GFE

‘\E ta

Dade County police remove one of four bodies found in car near Miami. The victims were beaten with a ball bat, slashed,

stabbed, and strangled with heavy twine. The vicious mass murders were the outcome of a local drug deal that went awry

BLOODY REVENGE OF THE

MIAMI DOPE DEALERS

by JOSEPH L. KOENIG

Special Investigator for OFFICIAL DETECTIVE STORIES

HE OILY SMOKE; nearly in-

visible against the early morn-

ing sky, rose straight up in
dark, acrid puffs, catching the sea
breeze and drifting off over the expen-
sive bayfront hotels. The blue Chev-
rolet was smoldering then, but the
grass surrounding the car sti]l burned
freely. Someone—there was way too
much. smoke to see who it was—was
trying to stamp out the grass fire by
himself.

Victims (from |.) John M

< ee ie:

When the Velda Farms dairyman
pulled his truck onto the shoulder and
ran over with a fire extinguisher, the
stranger hurried to his car and drove
off. The milkman didn’t know what to
make of this action, but there wasn’t
any time to puzzle over it. The fire was
his worry now. As he trained the chem-
ical spray on the blaze, the smoke dis-
persed for a second and he peered into
the car. There was a pile of blankets
and clothing heaped on a seat—and

erino, Scott Bennett, Nicomedes Hernandez and Rodolfo Ayan were all suspected stool pigeons

something else, too, he thought.
When the fire was under control, he
opened the unlocked door and saw a
foot protruding from beneath an
orange and black patterened quilt. On
the back seat another body was covered
by a blue fringed rug, or was it a tapes-
try? Fort Myers would have to wait for
its dairy shipment. When he spotted
another Velda Farms truck, the
milkman flagged it down and told the
(Continued on page 60)

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that it perfor
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sed the judge. “Your Honor,” he said,
“it is to be brought to the jurors’ atten-
tion that I offered to take a polygraph,
but it wasn’t allowed.”

Grant protested, immediately draw-
ing this advice from the judge to the
jury: “Anything said by Mr. Bills has
no bearing on this case. The proofs are
already in.”

Still smarting from the defendant’s
remarks, Prosecutor Grant asked that
Bills be gagged and held in contempt of
court.

The case went to the jury at 4:11 p.m.
Wednesday, the eighth day of the trial.
After the judge left the bench, Grant
had the last word against Bills: “Nice
try, “a--hole.”

At this point Bills exploded and
lunged toward the prosecutor. A de-
puty grabbed Bills by the shoulder and

pushed him back into his chair.

When Bills lunged a second time, the
deputy applied a headlock and forced
one of Bills’ arms around his back.
Within seconds, four more officers
overpowered Bills, forcing him to the
floor before the judge’s bench. He was
held there face down, while officers
snapped handcuffs on his wrists and
ankles. He was then carried out of the
courtroom to a nearby holding area.

When Harris made a move to get out
of his chair, he was held back by three
officers, who restrained him without
the need of handcuffs.

After deliberating for three hours,
the jury returned with a verdict of
guilty of first degree murder as
charged. Judge Falahee scheduled sen-
tencing for January 16th at 8:30 a.m.

On January 22, 1980, Judge Falahee
imposed the mandatory life sentence
on Ricky Bills and James Harris. “I'll
guarantee you that you'll never be out
on the streets to commit another of-
fense like this,” he said. He then in-
structed the sheriff to take the prison-
ers away and place them behind bars
for life.

Before Harris and Bills were
whisked from the courtroom and back

’ to prison, Harris looked at Prosecutor

Grant and called him an “a--hole.” It
was his way of getting even with Grant
for tagging him with the same epithet
at the earlier trial.

Harris probably got some satisfac-
tion in feeling he’d had the “last word,”
but, in reality, society did. Harris will

have plenty of time behind bars to re-

flect on who the real “a--hole” is. k*x*

EDITOR’S NOTE:

Eddie Branch and Marcia and
Virgil Blaine are not the real names
of the persons so named in the
foregoing story. Fictitious names
have been used because there'is no
reason for public interest in the
identities of these persons.

60 ,

| body, dropped. something,” he said, “I
urea Mace Reon Ye m ; k ae

Revenge of Dope Dealers

driver to hurry and call the police.

It was a few minutes past 5:00 on the
balmy Tuesday morning of January 8,
1980, when a City of Miami police
cruiser drove up onto the north-
bound ramp of Interstate 95 at
Miami Gardens Drive, NW 186th
Street, and came to a halt beside the
smoking Chevy near a utility pole
about 50 feet off the pavement. As the
officers examined the vehicle, the first
thing that caught their eye was a blan-

ket hanging out of the trunk. One of —

them tore the keys out of the’ignition
and opened: the trunk.

There were two bodies inside, lying
one on top of the other. One was wrap-
ped in a blue bedspread, the other in a

_pink comforter. The patrolmen’s report

of a quadruple homicide brought
Miami detectives speeding to the scene.

The two men in the trunk had been
stripped to their underwear, the detec-
tives found. Of the corpses inside the

car, one was on the front passenger's -

seat and the other was sprawled across
the back seat. All four of the victims
were male. One had been shot and all
had been bound with: tape, beaten,
stabbed and choked.

“Two of the bodies were all covered
with blood,” Detective John LeClaire
would recall. “It was just one mess.”

Over the next four hours, forensic
scientists went over the death car with
a fine-tooth comb. In the trunk they
found a brown suitcase containing a
brown department store shopping bag
and six smaller shopping bags. There
was also a tan handbag, assorted gar-
ments and a bottle of whiskey.

“We recovered some type of liquid .
that was probably going to be used to.

set the car on fire,” LeClair said, point-
ing to the charred grass beneath the
trunk. “They might have tried to set
bed, car on fire, but they didn’t get very
‘ar

Although it was too soon to pin down
the exact time of the men’s death, in-
vestigators learned that the car had not
beenon the expressway very. long be-
fore it was found. Only a few hours ear-
lier, a, Miami patrolman had pulled
over a motorist to write a traffic ticket

there and he had not seen ‘the Chev--

rolet.

On the far side of the ick, link fence
which marked the expressway right-
of-way, residents told investigating of-
ficers that they had seen nothing out of

| the ordinary in the neighborhood that .

night. However, one man who lived on
the 18000 block of NE Seventh Court

reported hearing an unusual noise at

about, 4 a.m;
. “My wife and I were sleeping and we
both heard this loud thump, like some-

(from page 14)

looked out my window, but I didn’t see
anything going on. It didn’t bother me,
cause my dog didn’t bark.”

By late morning, police had iden-
tified the victims as 25-year-old Scott
T. Bennett of North Kendall Drive,
Miami, the owner of the blue, 1975
Monte Carlo; Rodolfo L. Ayan, 38, of
East Sixth Street in Hialeah;
Nicomedes Hernandez Jr., 33, of SW
Sixteenth Street in Miami, and 29-
year-old John Merino of Fort Lauder-
dale. It was Hernandez, police said,
who had been shot a single time in the
head.

“None of the men had any serious
criminal record,” one of the homicide
investigators told newsmen, “but it’s
no secret that all of them were involved
in drug dealing activities.”

“We don’t have the slightest idea of
who could have done this,” said a rela-
tive of Hernandez. “He didn’t have any
enemies. He made an honest living as
an independent tow-truck driver.”

“We found out that Bennett called:
his girlfriend about 11:00 on Monday
night and told her that he was in Fort
Lauderdale and that he would be home
in a while,” a detective said. “He never
made it. He died with the others just a
short time before the bodies were

found.”

A hasty investigation into the

background of the victims revealed -

that all four men were acquainted with
one another, at least for a short period
‘of time before they died. On Wednes-
day, Metro Miami Homicide Sergeant
Steve Jackson said that the quartet
evidently had been “together on and off
all evening” Monday. He explained
that detectives had been able to trace
their movements until very early on
Tuesday morning. Their final meeting
did not appear to have been pre-
arranged, he said. ‘ead dar just got
together casually.”

Early on Monday evening, eb had
learned, Bennett and Ayon had visited

_some. friends in Fort Lauderdale and

then had met Merino and Hernandez at
the home of another friend somewhere
in Dade County where they had been

. laying the groundwork for a major drug

deal, the details of which remained
sketchy. Sergeant Jackson told news-

- men he believed all the victims were

slain at the same time, “in pretty much
the same manner.” The motive could

have been any of about half a dozen, he’

added, the most likely being “an out-
and-out drug ripoff or a vendetta.”
Jackson went on to say that he was of
the opinion that more than a single kil-
ler would have been needed “to contain
and handle four people.” And, he

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pointed out, the victims’ cars were
found in “different places in Dade.”

On Thursday, the Metro homicide
commander, Marshall Frank, told re-
porters that his men had learned that
John. Merino was one of the notorious
“Colombian cocaine cowboys” who had
made the Miami area their base of op-
erations in recent years, making drug
dealing the second largest industry,
behind tourism, in south Florida, Just
as important to the men probing his
death, Merino apparently had another
job—that of undercover informant for
the United States Drug Enforcement
Administration. In fact, one inves-
tigator said, all four of the slain men
might have been snitches for various
police agencies.

“We're looking at that possibility,”
Commander Frank admitted.

From the story police had pieced to-
gether, Merino had agreed to work for
the DEA in the spring of 1979 while
facing federal drug charges in Balti-
more, Maryland. In Baltimore, DEA
Agent Patrick O’Connor confirmed
that the murder victim had been an
informant under his supervision.

Interviewed by newsmen, Merino’s
former lawyer said that he had warned
his client not to go undercover for the
police, “that it was a foolish thing to do

I cautioned him sternly against it. I.
have never represented a client who
rolled over and ratted out. I told him I
wouldn’t stand by. I have never done
that, for moral reasons as well as for
their own safety.”

So Merino had found another attor-
ney in August and pleaded guilty to a
single count of a multi-count drug in-
dictment. At the time of his death he
still faced sentencing.

From Pompano Beach, resort city on
the Atlantic a few miles north of Fort
Lauderdale, came word that Merino
had not let his arrest interfere with his
drug-dealing activities. In July, he had

. been arrested on cocaine charges and:

was believed to be the principal figure
among three suspects arrested in the
hand-to-hand sale of a pound and a half
of cocaine to an undercover agent.

‘ While in jail he reportedly had been
contacted by a number of police agen-
cies and, on December 5th, he with-
drew a plea of innocent to the charges
and sentencing was postponed «until
January 25, 1980. While he waited, in-
vestigators said, he apparently was
working as an informant.

“He hadn’t made any cases for us,”
Pompano Beach vice and narcotics
squad Sergeant Kenneth Staab was
quick to point out.

OFFICIAL DETECTIVE

2 eR rhe?

In August, police said, Merino had
turned up in the Dade County jail ona
federal marshal’s warrant. A spokes-
man for the marshal’s office said, how-
ever, that “there was no criminal
charge against him” and he was being
held as a witness “to testify in a case.”

Merino’s family lived in Barran-
quilla, Colombia, pcelice said. The last
time they heard from John was shortly
after Christmas, whén he had phoned
to say that he was in south Florida and
was “fine, with no problems.”

A second call to Baltimore, to the of-
fice of George Brosan, the DEA’s
agent-in-charge, revealed that another
of the victims, Rodolfo Ayan, “was
known to our office. We had heard the
name before.” Asked if John Merino
had been working for him, Brosan told
reporters: “We don’t have any state-
ment. Things are still being sorted out.

‘ If homicide needs our help, we'll help

them. We’ll go down there. We are
coordinating with them by phone.”

Scott Bennett, police learned, was a
native of Pawtucket, Rhode Island,
where he had been a football and track
star before deciding that the cocaine
trade offered more opportunity than
athletics to a 155-pound halfback.

The product of a broken home, Ben-
nett’s childhood was not a happy one.
He was a short boy, standing just five
feet, seven inches tall and as a teenager
his complexion was marred by phone.”

Scott Bennett’s period of painful
self-consciousness came to an abrupt
end when he enrolled in Tolman High
and quickly made a-name for himself
on the varsity football team. Despite
his size he was all-state as a halfback in
1972 and after transfering to Moses
Brown High School in Providence be-
came New England champion in both
the 50 and 300-yard dashes. Later, he
went on to Slippery Rock College in
Pennsylvania, where he starred on the
school’s undefeated 1974 football team.
During the 1976 season, his last at the
school, he ran back a punt 102 yards,
for a record which still stands.

Soon after starting school at Tolman,
the boy moved out of his mother’s house
in Pawtucket and began staying at the
home of a friend, another sprinter on
the track team.

“He just wanted to get out,” his
friend would recall. “I asked my pa-
rents if he could stay here and this is
where he stayed ever since. He had
great dreams. He used to say, ‘Some
day I really want to make it.’ But he felt
school and work were the hard way of
going about it.”

Following the 1974 football season at
Slippery Rock, Bennett came to Miami
for the first time to be with his
girlfriend, who was attending school

there. He enjoyed the languid, semi-

tropical beaches where the bright sun
was good for blotchy skin. He returned

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to Miami in the spring of 1978 for a
two-week vacation with his buddy from
the Tolman track team, but when it
came time for them to go back north, he
announced that he was staying. He
spent much of his time in a futile hunt

for work and after a while took to hang- .

ing out on the beach as a full-time job.

About a year before his death, police

said, he began dealing cocaine.

“At first he did it just to make a few
quick bucks,” a friend would re-
member. “He didn’t think cocaine was
a bad drug. I mean it wasn’t like he was
pushing H to little kids ina schoolyard,
or anything like that.

“He didn’t plan on dealing for the
rest of his life. He just wanted to raise
enough bread to get into some legiti-
mate business. But I guess he really
didn’t know what he wanted to do with
his life. He was always putting himself
down, always talking about how he
wished he could have been a doctor or a
lawyer.”

When the money was coming in,
which was most of the time now, the

* young man enjoyed taking his friends

to Italian restaurants, where he always
picked up the tab. The rest of his money
seemed to go into fine clothes and high
living.

“He spent a lot of time at this ritzy
nightspot near the University of Miami

campus,” a friend would say. “He was
hanging around with a lot of high class
people—airline pilots, doctors, profes-
sionals.” death

In August of 1979, Bennett was ar-
rested by Dade County police on a raft
of drug charges, mostly for marijuana,
but the case did not reach court. In the
autumn, he began associating with
Cuban drug dealers, which made him
something of a rarity in the south
Florida drug trade, since the Latinos,
as a rule, keep to themselves. Police
speculated that he became particularly
close to one Cuban, a 38-year-old build-
ing contractor from Hialeah, Rodolfo L.
Ayan.’ ~

“Scott admired him,” his friend
would remember. “He thought he was
intelligent. And he was a very big man.
Scott knew it was a step up.”

Over the next few months, he said,
the former athlete seemed to grow ir-
ritable ‘and tense. Shortly before
Christmas, he confided to intimates
that he had received a threat on his life.

_ “It was a mistake,” his friend said.
“They thought he talked. He hadn’t, of
course, and apparently he was able to
fix things up with whoever was
threatening him.”

But when he returned to Pawtucket
for Christmas, he wasn’t the same old
Scott. j i

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} 814 Pierce St., P.O. Box 268
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POSTAL FINANCIAL SERVICES, INC.

Dept. 1059, 814 Pierce St. |
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63

BREEN, Robert, possibly hanged Florida
bewsaCola GAZETTE , DE. 4, 1833

left 10. herself, she alter ew hile voluntary C, Landreth, will receive: prompt alieatwac and W
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THE FLORIDA TIMES-UNION (Jacksonville)

Tuesday, 30 June 1936, page 6.

Man Is Electrocuted
For Shovel Slaying

RAIFORD. June pt | uP —Ed
Bradley. 60, died in Floricas elec
trie chair tocay 'O sete the Svaite's
claim that he kited Andrew Hav
with a shovel in Santa Rosa Count)
October 7, 1935.

Sheriff Joseph T. Allen of Santa

Rosa Countv threw the switch at
10:59 A. M. Fastern Standard Time. :
and Prison Phvsic:an A. A. Mur-
phree pronounced Bradiey cead at
11.04 A. M.

Superintendent L. F. Cnapman
said Bradiev died calmly and pro-'
tested his innocence w the end.|
Chapman said the condemned man,
made no special requests and ais |
played less emotion than most men
“at such tumes.”

Bradiey will be buried in the pris-:
on cemetery. He told Chapman a
had no living relatives.

Bradley was convicted on Sciaionce.
which stated he joined Hail for a
fishing trip after Hall had sold his |
farm and was known to have had!
considerable money in his posses-.
sion. Bradley was arrested at Pan--
ama City after he was reported to.
have spent money freely there.

Hall's body was found some days
after he had been reported missing. |
It was identified by a physician.

up our way. Say, do you suppose Nall and
his companion were looking for buried
treasure?”

Allen grew thoughtful. “It could be,”
he finally said. “Or else Nall thought he
was. It might have been part of a swindle.
Maybe Nall got sore after paying out all
those hundred-dollar bills and not finding
anything for it.”

It was now Hobbs’ turn to look sur-
prised. “Hundred-dollar bills?” he re-
peated. Re

“Sure,” Allen said. “The murder vic-
tim was carrying five of them to finance
* some project. It’s almost a cinch, now,
that he was paying for buried treasure.”

The Bay County deputy snapped his
fingers. “Boys,” he said, “there’s been a
fellow around town for the past week
who’s been busting hundred-dollar bills
like there’s no end to them. One of the
city patrolmen told me about him. Wait
a minute... .” ;

Hobbs reached for the phone, dialed a
number, and asked for the patrolman.
After a few minutes of conversation, he
hung up. : :

“The officer says it’s true. The funny
part of it is that the guy with the hundred-
dollar bills was only a bum a few weeks
ago. The cop, however, doesn’t know his
name. He says we're to talk with The
Apple Man.”

“Who’s that?” Allen asked.

“An old fellow who peddles fruit around
the street,” Hobbs replied. “Come on; I
think I know where he can be found.”

They were not long in locating the
fruit peddler. The man seemed close to
80. Hobbs started questioning him about
thé man who was spending the hundred-
dollar bills.

“J don’t know nothin’,” The Apple
Man replied abruptly.

Allen was carefully eyeing the vendor:
His attention became attracted to -the

aged man’s clothing, especially a pair of:
blue serge trousers. Looking closer, the _

sheriff saw a” triangular tear that had
been sewed up near the watch pocket.
“Where’d you get those pants?” he de-
manded.
The Apple Man looked down. “Why—

er—Ed Bradley give ’em to me,” he

blurted. ;

Allen straightened up and looked mean-
ingfully at the other officers. Then he
eyed the vendor. “And who is Ed Brad-
ley?” he asked.

The Apple Man said Bradley was a
local fellow who had been around town
trying to sell a map purporting to show
the location of buried treasure. A few
weeks ago, he had been apparently down
and out and was living with the peddler
himself. Then he suddenly came back with
a roll of bills and a maroon sedan.

“That’s our man!” Allen gloated.
“Where is he now?”

This last question had been directed at
the vendor, but the man shook his head
weakly. “Dunno,” he said. “I ain’t seen
Ed in around three days or so.”

“Did you ever hear of a man named
Nall?” the sheriff asked. ,

The Apple Man shook his head. “Can’t
say that I did.”

Since Bradley, according to the ped-
dler, was around 50 years old and had
gray hair, the investigators knew he com-

64 pletely answered the description of the

stranger who was last seen with Nall.

Allen continued to prod the vendor
with questions and quickly learned that
Bradley—whoever he was—had been
spending his money on women. He had
boasted to The Apple Man about spend-
ing $50 on one.

Allen mulled the situation over and

’ finally said, “Those hundred-dollar bills

are going to tell us whether Bradley is
still around. Let’s’ check the bars and

- see whether he’s broken one of them

lately.”

‘Bradley had, they soon discovered—
only the night before. That meant he
could still be in Panama City. ‘

Assisted by the police and other depy- .

ties, the original investigators quickly

organized a hunt for the man. Late on,

the afternoon of October 7, 1935, a little
more than a week after A. E. Nall’s body
had been found, Allen and Hobbs were in

* the St. Andrews section of town, asking

questions. 5 :

A boy on a bicycle was stopped by
them. He listened to their query, then
nodded. Next, he pointed up a dirt road.
“I saw a red sedan up there only a little
while ago,” he said. “It’s covered over
with branches.”

This was the information for which the
two officers had been looking. Silently,
they stole up to the car and peered through
its covering. A gray-haired man was bend-
ing over the motor.

In a quick movement from either side,
the officers soon had handcuffs snapped
on his wrists. Edward Bradley, 54, fought

back viciously, but his efforts were to no“

avail.

The sheriff peered inside the sedan and
saw a small spade. On withdrawing it, he
discovered one side of its blade was full
of blood. In a glove compartment was a
bill of sale made out to A. E. Nall, show-
ing the purchase of the sedan by him in
April, 1935, for $125. ~

In a shack not far from the car, the
officers found some clothing which they
identified from an inventory as having
belonged to Nall..In one of two pairs of
trousers, they found a hundred-dollar bill
and $46.25 in small bills and silver. Brad-
ley said the money was his.

“What about this car that’s registered
to A. E. Nall?” Allen asked, noting that
the man had a scar on his nose.

Bradley shrugged. “He left it with me
about a week ago. He’s coming back for
it in a few days.”

The sheriff glowered. “He’s never com-
ing back for it,” he snapped, “but you’re
going back to Santa Rosa County to face
a murder charge.”

Ox in Milton, Edward Bradley, who
was a derelict, broke down and made
a statement. On being told that the
authorities knew about the buried treasure
map, Bradley admitted he had sold this
to Nall for $500 in cash. :

“T was to go with him and help dig up
the treasure,” said Bradley. “We went out
on the beach on September 18 and sank
a couple of holes without finding any-
thing. Nall accused me of swindling him
and threw a pan of hot grease in my face.
I picked up the spade for self-protection
and the first thing I knew, I had hit him
over the head with it.” :

“You hit him only once?” Allen asked.

“Yup, that’s all. Just hit him once.” *

“What then?” Allen asked, knowing
this to be a lie.

Bradley said he stripped Nall’s body
and dragged it into one of the holes. Then
he covered it with sand. He had taken
the car because, realizing that a murder
had been committed, he had to get away
from the scene. :

“Where’s that’ map?” the sheriff asked.

. “I burned it with most of his clothing,”
Bradley answered. i pees

Allen knew he was dealing either with
a bold swindle or a cunning, calculated
case of robbery. But he couldn’t get
Bradley to admit anything. In fact, the
man stood on his original statement that
he had sdld the treasure map to Nall
legitimately and that the killing was the
result of a quarrel.

Asked about the source of the map,
the confessed slayer said he had acquired
it a few years before from a native and
had been carrying it around, hoping to
find someone who would finance a digging
expedition. . E

“Mr. Nall said he would,” Bradley de-

clared, explaining that Nall had picked ~

him up on a Florida highway while he was
hitchhiking. ;

The story didn’t sit well with the
authorities, including County Attorney

Dixie Beggs, who promptly moved the .
.case to the grand jury and obtained Brad-

ley’s indictment on a charge of first-
degree murder. ae
The derelict’s arrest completely ab-
solved Bill Huff from any suspicion, and
it was later learned that his statement
about working at Bay Minette and driving
a friend’s car was entirely true.
Bradley went to trial on January 31,
1936. Only 24 hours were necessary to

present the case against him. The jury .

promptly returned a verdict of guilty
-against him, and Circuit Judge L. L.
Fabisinski sentenced the man to the elec-
tric chair. :

On June 29, 1936, Bradley paid the
extreme penalty, going to his death with-
out changing in the slightest degree the
fantastic story of buried treasure and
the corpse he cached in the sands of the
beach.

Note: Thé names Bill Huff and A. B.
Tomms are fictitious to protect the iden-
tities of innocent persons.

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said, treated the man as a friend. But

_ how close a friend he was, the two officers

wondered, and how much, if anything,
did he know about Nall’s death.

“J don’t think he could have come from
Pensacola, for Tomms would have seen
him before,” Allen finally said. “There's
a good chance he might have been some-

_ one Nall knew back in Alabama. If that’s

the case, then Nall’s wife might know
him. I’m going up there tomorrow.”

Herrington nodded and rose. “When I
get back to Pensacola,” he said, “I'll do
some looking around for the car and the
five hundred-dollar bills. Perhaps I can
find someone who saw Nall and the
stranger together. I'll keep in touch with
you.” .

LLEN arrived in Alabama around noon
the next day and had no trouble. in
locating Nall’s ex-wife. The woman de-

clared she had borne Nall no animosity ©

and was shocked to hear of his death. She
could advance no theory as to why or how
it happened. 4

“He was always on the go and full of
ideas about making money,” she said. “He
would not stay home and that was one
reason we didn’t get along. But in spite of
the divorce, we still remained friendly. He
was up here a couple of weeks ago to
pick up some clothing he’d left behind.”

This information interested Allen, for
his visit had taken place just prior to his
death. On ascertaining that he had been
alone, the sheriff wanted to know whether
any of Nall’s clothing had been distinctive.

“He had nothing really good,” she re-
plied. “Why even the blue serge trousers
he was wearing was a pair I had sewed
up for him. They had a triangular tear in
the front, right near the watch pocket.”

Allen made a mental note of this. When
he told the ex-wife that Nall had been
carrying around five $100 bills, she seemed
surprised. “I never knew him to carry so
much money,” the woman said. “It must
have been for some special purpose.”

Allen mentioned Nall’s statement that
he was going “digging” with the stranger.
“That sounds like one of his money-
making ideas,” she scoffed.

The sheriff, finally, asked her if she had
any idea who the gray-haired stranger
might be. The woman thought for a mo-
ment, then answered: “That sounds a lot
like Bill Huff. He and my husband used
to be quite chummy.”

When there was nothing else the sheriff
could learn, he drove to the home of the
victim’s friend. He discovered that Bill
Huff, with the exception of one night
about four days ago, hadn’t been home in
two weeks. On the night in question, he
had driven up in a car, although it was
known that he didn’t own one. He stayed
a few hours, then departed.

“Was it a red sedan?” the sheriff asked
a neighbor, with whom Huff had stopped
to chat for a moment.

The woman shrugged. “Dunno. Didn’t
see the color. It was at night.”

“Did Bill say about where he'd been,
what he’d been doing?”

“He got himself a job in Mobile, he
said, and he was going back to it.”

The woman didn’t seem to know any-
thing else, except that she hadn’t seen

. Huff in the company of Nall recently.

Allen, driving back to Milton, won-

dered whether Huff’s story to the woman
had been a dodge and if the car he was
driving could have been Nall’s. Huff, he
figured, might have gone to Pensacola in-
stead of Mobile, and he decided a chec
on the man was in order. ae

HAT night. back in his office, he phoned
Herrington. The deputy told him he
had discovered a man who had sten Nall
and a companion digging on the beach

. around September 18, and they didn’t act

as if they were going fishing.

‘“The fellow with Nall, who was recog-
nized by my witness from his newspaper
description,” Herrington said, “had a long

scar on the side of his nose. He also had .
\

gray hair.”

Allen grunted his approval and told the
deputy about Huff.‘ “I don’t know whether
he has a facial scar,” the sheriff said,
“but he’s about right otherwise. In addi-
tion, he drove home in a car, although
he’s never owned one. I think you should
check around and see whether Huff is in
Pensacola.” . ‘

Herrington said he would.

“Here’s another thing,” Allen told the
Escambia County officer. “Nall was wear-
ing blue serge pants with a triangular
tear in the front when his wife saw him

last. It could be he had them on Septem-
ber 16, when he visited the Tomms house.
Talk to those people and find out for sure.
Those pants may figure in this case before
we're through.” :

On the following day, Herrington called
Allen. “Tomms says his uncle was wearing
those blue serge pants when he disap-
peared. As for Huff, I can’t find any trace
of him around here.”

Allen was disappointed. “I’ll phone the
Mobile police and start them looking for
him,” he said. ““There’s a chance he might
have gone over there. Anyway, that'll be,
a good place to look for that maroon
Chevvy, particularly since it doesn’t seem
to be around here.”

The Santa Rosa sheriff put the Mobile
police on the case that night, and they
promised him an early report.

It was almost 48 hours before Allen
heard from them, and what they said only
sharpened his desire to speak to Bill Huff.

The Mobile police had not been able
to find either the man or A. E. Nall’s
missing sedan.

The sheriff phoned Herrington. “Huff
might have been giving his neighbor a
bum steer. I’m coming down right away.
We'll talk to Tomms and try to find out
where his uncle might have gone on those
various trips of his.”

That evening the two officers, after

discussing their lack of progress with
Sheriff Gandy, went around to the Tomms
house.

“You told us at-the beginning of this
case,” Allen reminded the pair, “that Mr.
Nall made frequent trips away from here
and only came back to pick up his mail.
Do you know the names of any towns
he might have visited?” '

Mr. and Mrs. Tomms sat silent for a
moment, then the husband spoke up. “The
only place he mentioned more than once,”

_ the nephew said, “was Panama City, Fla.

That’s over in Bay County.”

Allen nodded. “Yes,” he said. “And it’s
not so big a town that a man can hide
in it. I guess -we’d better take a look
around there before we do anything else.”

On leaving, Allen told Herrington:
“Panama City’s the place where Nall
might have been hanging out. Huff could
have gone there, instead of to Mobile, as
he said. In the morning, you and I will
drive over to Bay County.”

On the following day, however, the
sheriff received a note in the first mail.
Sent from the same town, Andalusia,
Alabama, where Nall lived, it was signed
“Bill Huff” and read as follows:

“Dere sheriff: I been working nere Bay
Minette, but now I’m home agin. I don't
know about Al Nall cause he aint been

home in many weeks. I was driving a car |
. a frend of mine owns. Yours.”

Gradually, the sheriff was becoming
convinced that Panama City figured in
Nall’s affairs, and despite Huff’s note, he
was not going to let anything deter him
from looking around down there. Accord-
ingly, he drove to Pensacola, picked up
Herrington, and soon was on his way.

En route, he showed the Escambia
County deputy the letter from Huff. When
Herrington finished reading, he said, “Do
you think this is a stall?” ‘

“J don’t know,” Allen replied. “It could
be. But the way I figure it, Huff is around
and hence available if we need him. Right
now, I’m anxious to know why Nall kept
going to Panama City and whom he saw
down there.”

Spent two officers arrived in the Bay
County seat at noon and went to the

jail. There they met Deputy Steadman’

Hobbs. Allen told him the complete story
of the murder and his efforts thus far to
get a line on the killer.

Young Hobbs showed immediate in-
terest. “I recall a man resembling Mr.
Nall having been over here about a
month ago,” the deputy said. “He was
with an older man on several occasions,
and they rode around in a maroon-
colored sedan.”

He grinned. “The reason I recall it
so perfectly,” Hobbs added, “is because

_there was some talk about town that the

pair was going treasure hunting.”

Allen and Herrington looked at each
other.

“Treasure hunting?” Allen repeated.
“You must be kidding—”

Hobbs shook his head. “Not a bit,” he
replied. “That’s one of the great outdoor
sports along the Culf Coast—looking for
buried treasure. There are dozens of ex-
peditions combing the beach areas every
year.”

Herrington nodded _ thoughtfully.
“Yeah,” he said, “I’ve even heard of them

ee Rese

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f ef the Platform, while the Other
eA. eround shim, sheltered from the
eae raye of the-sun by winbretines,
Fe ned man secomed te he pwr-
AU bie case and joined in singing
peered songs, Ite anked the aheriff for
Wine of paper and wrote an order for
® which a party owes him, and
aheriff to collect Kk and Kive tt
Prisoners in the. fait.

. Rreewn's S.aet Words,

% conctuston of the singing he
“mm & Joud but ateady voice,

Macea and other lemlere,
fonk plnee, and (he rete}
(General Mantocihis «of
force, was killed. No deta
ean he had, the goveens
SUuppromseing them

+ rene ges eemprene

RAVING.

MRA, NOBLES, WHO
HER 5 SRAND, Go)
She Han Heen Pinerd
Jacket-Wamen wi
« fave Her Nec

at we Ye on his Hops, for everyvour here
# that the ether two men are gull-
Ri

that he vimply made hia statement
Raye their necks, (f poanibic.
wht Tirdwemede a confession to
‘Hawkins, tn the presence of Judge
7, etating that “he and the twa
Men killed Ryhorg. .Today Be anid
he Aidn’t know who the ather two
Here, tut nohedy believes his state-

oe Mey
iat,
ces
ar

we a hy the peapta, Lynching is

ne wit be made te lynch them.

ith Pweannee Guarta, under command

{David L, Holub, of saa ?

Presented to (the goveri
mutation of the sentcoac
oament. —

AMATECH JOUR!

They Blect CfGcera, /
Waren Saqanl
CHICAGO, M., July 17.
officers, were ciected at
of the National Amateur
Fre. t, WHI Mancock
Brat “president, A. J.

Thurmaa, Chicago: treat
Gelbucn, Pekin, Hi; recor
A. EB. Barnard. Chicago:
Seeoretany, BK. A. Herrtng, -
official ‘editor, A. W.

Mass.; executive fudges,
@on, Spokane: Mise Stella

Eyre Lauderdale

8A Sun-Sentinel, Wednesday, July 19, 1995

| THE STATE
Convict executed for role in 1980 drug slayings

The Associated Press

STARKE — After making one
last claim of innocence. Bernard
Bolender was executed on Tues-
day for the 1980 torture and mur-
ders of four men in a botched
drug deal in Miami.

Bolender, 42, praised his final |

defense team for uncovering
what he described as frameups
and lies in his case.

“They presented evidence and
testimony that could have made
me a free man,” he said. “But it
came too late for me.”

Appeals in state and federal
courts had delayed Bolender’s ex-

ecution for six days. He was elec-
trocuted less than two hours be-
fore the expiration of his fourth
death warrant. .

The U.S. Supreme Court denied
his final appeal about a half-hour
before his scheduled execution,
rejecting evidence that he was
framed by a co-defendant.

Bolender was smiling when he
was brought into the execution

chamber. As he was strapped into _

the chair, he gripped the hand of
Assistant Superintendent David
Lehdr.

Bolender was declared dead
nearly 10 minutes after the
black-hooded executioner turned

off the switch. It was the 34th ex-
ecution since Florida reinstituted
the death penalty in 1976.

Bolender was condemned for
the killings of John Merino, Scott
Bennett, Rudolfo Ayan and Nico-
medes Hernandez on Jan. 8, 1980.

They were supposed to sell 44
pounds of cocaine to Bolender,
Joseph Macker and Paul Thomp-
son, but had only two pounds with
them. After being forced to strip,
the victims were stabbed, beaten
with a baseball bat and tortured
for several hours.

Macker testified that Bolender
used a hot knife on one victim’s
back. Merino was still alive when

all four were placed in the trunk
of a car that was doused with gas-
oline and set on fire, court rec-
ords show.

The jury that convicted Bo-
lender in 1980 recommended life
in prison, but Dade Circuit Judge
Richard Fuller imposed four
death sentences.

In final appeals, Bolender’s at-
torneys said they had obtained
statements last week from four
inmates who said Macker had ad-
mitted framing Bolender.

Macker pleaded guilty to sec-
ond-degree murder and is now
free; Thompson is scheduled to be
released from prison in 1997.

The Associated Press : “— Sahat : eal | “2 cane attorn

€xecution set for today and Scheduled a hearing Mon- meal of baby ba
day on Bernard Bolander’s Claims he unjustly faces ordered by the

€ electric chair Bolander’s two partners In four N Served at 4a.m toda
drug-related torture murders received lighter prison down Continued at Florig

iidey Sikora

Fier ren cmap aye g 505
soa OY IE eh Sa LGTY GAEL $0 eZ Epes,

PRN RR u8 cmon Se Nal as iat tae eee

Sl tw

ae :
A . “ i] a,
on, it di ar [Ly a f/
Ml Ee ALL ¢
2B THEHERALD, TUESDAY, JULY 18, 1995 Ff

3 courts reject drug dealer’s appeal for stay of execution —

tution inmate’ Clarence Muscyn- ©
ski_wrote an affidavit Sunday —
saying he was Macker’s cellmate :

Associated Press

Three federal courts refused
Monday to cancel today’s sched-
uled execution of a Dade County
drug dealer convicted of killing
four men whose bodies were set
afire in a car trunk, but two
appeal avenues remained open.

Bernard Bolender, 42. faced
the electric chair at 10:05 a.m.
for his role in the attack on drug
sellers who were stabbed and
beaten Jan. 5, 1980.

The U.S. Supreme Court
rejected one appeal Monday, but
uso Other petitions were still
pending befere the nation’s high
court. The Fiorida Supreme
Court and ith U.S. Circuit
Court of Appeals in Atlanta had
refused to intervene.

The Ilth Greuit delayed the
execution for three hours, but

denied relief shortly after a
Miami federal judge . rejected
Bolender’s appeal.

Bolender’s attorney Mark
Olive argued in Miami for inter-
vention, claiming Bolender was
innocent based on statements
from four former cellmates who
say co-defendant Joseph Macker,
now free, admitted framing Bol-
ender.

U.S. District Judge Federico
Moreno ruled that Bolender
“had not shown that a funda-
mental miscarriage of justice
would result from a failure to
entertain his claims.”

Assistant State Attorney Gen-
eral Fariba Komeily argued that
all of the fresh evidence could
have been obtained and pre-
sented when Moreno heard the
same case in 1990 and it was too

Statements from four former
cellmates indicate that
co-defendant Joseph Macker, now
free, admitted to framing
Bernard Bolender, left.

late to get into it on the fourth
death warrant, which expires at
noon today.

“The contention is [the
inmates] contacted us because
execution is imminent,”
Komeily said. *Bolender’s execu-
tion has been imminent three
times before.”

The timeliness issue was
important for Moreno, who
asked Olive, “Can you envision a

case where there’s finality?” The
judge noted there are “three gov-
ernors who've signed death war-
rants. Fifteen years have gone
by.”
Olive said he could envision
such a case, but Bolender’s case
wasn't it.

“A truly persuasive claim of
actual innocence knows no time
limits,” Olive said outside court.

Avon Park Correctional Insti-

for five years. Macker told him
he “put a guy on the row,” refer-
ring to death row, to save him-
self.

“Joe was very proud of himself
for pulling this. off,” Muscynski
said. “Joe said the guy really got
screwed because of his lies.”

Other inmates imprisoned
with Macker said he lied to pro-
tect himself and said he put the
wrong guy on death row.

Komeily argued inmates’ state-
ments did not meet a US.
Supreme Court test for new evi-
dence in a death case, saying a
hearing was warranted only on
the basis of new scientific evi-
dence, eyewitness accounts or
critical physical evidence missing

IN BRIEF

mony was supposed to be
allowed only if he passed a poly-
graph test, but he testified any-
way, and other polygraph experts
later said Macker flunked the
lie-detector test.

Without Macker’s testimony,
Bolender’s jury was left with his
fingerprint on the car trunk and
therefore not enough to support a
conviction, Olive argued.

Bolender’s jury convicted him
of four counts of murder, kidnap-
ping and robbery and recom-
mended a life sentence, but the
trial judge elevated it to the death

penalty.

LANE 2:

Sa HAY

Sonate RORIBRE Ne

a me ee Rat Be A

GB Ties = FRIDAY. MAY 26, 1995

x ke & *
er

THE STATE

Sik

oseph

: ‘Crazy
Joe’ Spaziano
was convicted
of the
mutilation-
murder of an
Orlando nurse.
He is
scheduled to
be executed
June 27,

Chiles signs death warrant

E Joseph ‘Crazy Joe’ Spaziano and
Bernard Bolander would be the
34th and 35th men executed on
Florida’s death row since 1979.

By JACKIE HALLIFAX
Associated Press

TALLAHASSEE — A decade after his
first death warrant and 22 years after his
mutilation-murder of an Orlando nurse, Jo-
seph “Crazy Joe” Spaziano is scheduled for
execution again.

... Only seven of the 351 murderers now on

Florida’s death row have been there longer
than Spaziano, a former Outlaws motorcycle
gang member.

“He’s filed more state post-conviction
actions than practically anyone else on death
row,” Richard Martell, chief of capital ap-
peals for Attorney General Bob Butter-

worth, said Thursday.

Spaziano’s execution in the electric chair
was scheduled for 7 a.m. June 27 after Gov.
Lawton Chiles signed Spaziano’s fourth
death warrant Wednesday. --
_ Chiles also signed a death warrant for
Bernard Bolander, condemned for a quadru-
ple drug-related torture-murder in Miami in
1980. Like Spaziano, Bolander, 42, has al-
ready survived three other death warrants.
His execution is scheduled for 7 a.m. July
12.

Spaziano’s warrant lasts until noon June
30; Bolander’s is effective until noon July 18.

“T think there’s a good likelihood that
both will be carried out,” Mark Schlakman,
Chiles’ lawyer in death cases, said Thurs-

‘day.

Since Florida resumed capital punish-
ment in June 1979, 33 killers have been
executed. Their deaths came, on average,
nearly 11 years after they murdered. The
longest delay between crime and punish-

ment has been 15 years.

Spaziano, 49, was serving a life prison
term for an unrelated rape conviction in
1975 when he was charged with the murder
of Laura Lyin Harberts, whose sexually
mutilated body had been found in a trash
dump near Altamonte Springs two years
earlier.

Another body was found in the dump but
it has never been identified and Spaziano
faced no charges in that case.

A jury convicted Spaziano of Harberts’
murder only after twice telling the judge
they couldn’t reach a verdict. The jury voted
9-3 for life imprisonment but Circuit Judge
Robert McGregor sentenced Spaziang to
death.

Bolander’s victims were John Merino,
Scott Bennett, Rudolfo Ayan, Nicomedes
Hernandez. They were to sell 2.2 pounds of
cocaine to Bolander and two others, who
believed the sellers had more of the drug.
The victims were beaten, stabbed and tor-

7‘ IO icillers

tured for several hours.

Bennett, Ayan and Hernandez apparent-
ly died from the beatings but Merino was
still alive when all four were placed in a car

that was parked on an expressway tamp and -

set afire. = :

One of Bolander’s co-defendants helped
authorities, pleaded guilty to second-degree
murder and was sentenced to life in prison.
The other was acquitted on grounds of
insanity and committed to a state hospital.

Like Spaziano, Bolander’s jury voted for
life but the judge overrode that recommen-
dation.

- A bill that lawmakers passed this spring
would change the role of juries, who now
make recommendations that carry “great
weight” in death cases. The legislation
would make the jury recommendation less
important. _

Chiles said Wednesday he hadn’t decided
yet what he would do with the bill, which
hasn’t yet reached his desk.

Bolander is
condemned
fora

quadruple &

drug-related ..
torture-murder .,
in Miami. His +
execution is
scheduled for
July 12.

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Tae 44.06 | RUNNER LOR MOLDS, tne, et! 23.

to Panama City. He’d learned that the
six $100 bills that had recently turned
up in the city 130 miles to the east
were a part of a Federal mint shipment
sent to the Pensacola bank early in
September!

To Allen that meant only one thing:
the man who had come into possession
of the murdered farmer’s money after
his death had returned to the locality
from which Andrew Hall was last re-
ported being seen alive by a person
who knew him.

Working on the theory that Hall’s
slayer was some man he’d met while
looking over the Bay County timber
lands—some man he’d invited to join
him on a fishing expedition while he
thought over the preposition to buy
the land with the money he carried on

his person—Sheriff Allen asked the
Panama City officers to accompany
him on a store-by-store canvas. It
was his hope that he might find some-
one who would remember recently
changing a $100 bill for a middle-aged,
stooped man with a deep scar marring
the right side of his face.

Bank notes of that denomination are
not such a familiar sight in a town of
the size of Panama City that they do
not occasion some comment when pre-
sented at local stores by customers not
usually seen carrying large sums of
money. Thus it was that before they’d
been out for:an hour, the two sheriffs
located a hardware dealer who re-
called having received two of the bills
during the past ten days.

“Fellow comes in now and then to

, re a
Dithiwaon
we

HUMAN HEADS IN FIRE

HUNTING FOR MORE CLUES To GHASTLY CRIME—

Los Angeles detectives search ashes of bonfire where two human heads and
three human hands belonging to Mr. and Mrs. Ray Dirksen were found. Their
bodies were found buried in the desert. Police say a suspect confessed.

urchase fis!
ormed the
are never la:
he always |
small denon
ago he hanc
peeing tack
lars. Nat
where he'd
“You me
Hobbs, awe
County offic
question alr
“No, but
fellow dres
used to hav:
came in ag:
time he bou
some more
rices of au
inquired °
said anythi:
another hun
his stuff.”

To the of!

clerk was w:
name or te!
knew was !
stranger sev
ing from t!
from casual
had, he hiv
scear-faced

auto camp «

Before th:

and Hobbs
prietor of a

from the h:

had also rec
scar-faced s
tell them co
customer.
“The. fell:
six weeks a;
unteered. “
but he was

made frienc

Appeared t«
time, and sa
pie | anyth
ing from h
some aban
sea front.”
“Give yo
in a voice t!
“We call
Never hea
three week
out of tow:
was gone {i
he returne:
sedan, wea!
plenty of m
In reply °
to just whe
formant sa
September.
where he £:
“No, he
about it al!
he came in
dred-dolla:
—frighten:
diately, an
Other p:
could add
keeper hi
however, :
known as
before, pu
Sheriff
what had |
at the time
news of t}
appeared 1:
a full desi
and the m:
beach nea
been print:
Convince:
too cleve:

NOON sun gave dazzling bril-
A liance to the vacant stretch of

beach on a neck of land between
Pensacola: bay and the Gulf of Mexico.
On the Gulf States Coastal highway, 200
yards away, Sunday traffic was heavy as
cars raced along to and from the city of
Pensacola, three and a half miles to the
west, on Sept. 29, 1935.

A small boy wandered across the hot
white sand, carrying a toy pail and
shovel. His mother and father watched
him fondly for a moment then turned to
their car to ready their picnic lunch.

Abruptly the sound of a shrill scream
halted them and they wheeled about to
see their son running toward them as
fast as his short legs could carry him.

“Somebody’s hand is sticking out of the
sand down there!” ‘he shouted franti-
cally. ;

The father frowned, then smiled in-
dulgently. .““It’s, probably a gea shell or
something,” he said to his wife. “I’l] go
and see what it is.”

The boy led his father down the beach
several yards in the direction from which
he had bolted. He stopped, clinging fear-
fully to his father’s hand, and pointed
with a chubby, finger directly ahead.

The man stood still, color draining
from his face at what he saw? He shook

his head as if doubting his vision and re-

STARTLING DETECTIVE,

August, 1940

turning his fascjnated gaze to the object
in front of him.

He was looking at a human hand. It
reached upward out of the sand and in
his first glimpse of it he could have sworn

- that it had waved at him.

Advancing slowly, he saw that: the
palm and fingers were bent stiffly back at
the wrist. Along the forearm were trail-
ing eddies of caked sand leading to the
point where the arm reached out from
its sandy crypt. The blinding rays of the
sun had made the arm appear to move.

At that moment he saw a foot protrud-
ing through some sparse ‘growth on the
sand’s surface. It was brown and with-
ered and he grimaced at the unpleasant
sight. The first shock passed, the man
regained his self-control. Leaving his
son with his wife, he hurried to the near-
est filling station and telephoned Escam-
bia county law authorities in Pensacola.

“There’s a hand sticking out of the
beach out here,” he shouted hoarsely to
Sheriff H. E. Gandy. “Yes, just a hand

' purchase fishing tackle,” the dealer in- the stolen automobile now that he _
ympany formed the sheriffs. “Fig purchases knew he was being hunted down, and SE AL RU Pp U RE

‘ed the ‘
eee are never large, and uw until a ger $180. conv ines? that re qpesry wee
hamaeey? e always paid in silver or bills of probably in iding right in e vicinity :
eoeney small denomination. About ten days until the search should die down— WITH A QU. .RTER
sdibn' si ago he handed me a $100 note, after ‘Allen enlisted the aid of the local au- - A
marring buying taclele that eae less than nye thorities i a thorough, search of the Rupture Specialist s invention
be papain dollars. Naturally egan to wonder myria ayous an inlets along the ‘No- ”
Ce of where he’d got the sudden wealth.” Gulf coast where it borders Bay Now Mailed eat No isk” Trial
they do . Mi Say meni, a * wt he County. to Lucky Rup ured
he obbs, aware that the anta Bosa During the remainder of that day, : veale :
agreed dpa Gounty officer at his side had the same — mote than a score of officers deed part (*With Waistline Sir 32 to 38)
“ hg question already on his lips. . in the search. Several times they came
the vd “No, but from the way this old upon fishermen who remembered hay-
Jhonits fellow dressed I could tell he wasn’t ing seen the suspect, but none could
whe ae used to having that kind of dough. He tell where the man lived. It soon be-
the bills came in again two days later. This came apparent that from the moment
eictaae time he bought a small spot-light and of his arrival in Bay County the scar \
then to some more tackle. Asked about the faced suspect had made a point of
; gine of automobile paint, and when _ keeping his hideaway a secret.
inquired what color he wanted, he Early on the morning of October
eT said anything but black. Handed me cighth, however, the Santa Rosa Wt mi
another hun red-dollar bill to pay for County sheriff, accompanied by youns ihe be
- oo ée F ; + i Shonda Hobbs, Wer ovine slowly
o the officers’ isappointment, the along a narrow lane a out four miles
clerk was sraet to ee a cunt: ome of the city vo gee latter ns NEW DISC‘ ) VERY
name or tell where e lived. il he ention was attrac o a sma rut 0 H
knew was that he had first seen the nearly concealed by underbrush and prover In age: ny ee by
stranger several weeks before. Judg- dead vines. The shack was a quarter ring Amazing Vol ort, Security
ing from the other’s purchases, and ofa mile from the highway that winds ' . d a
from casual bits of conversation they'd westward toward Pensacola, nearly If you are ruptu cd an your
had, he had come to believe that the 130 miles away. waistline measures 4 more than
sear-faced ra war Bivins Pa some Allen’s eyos ia eng the other offi” | 38 inches wide, you vill bless the
auto camp on the outskirts of town. cer’s gaze, but he saw no sign of life ; - rn
Before the morning was over Allen about the place. There was nothing to | ee birt wind ihes ‘ »nouncement
and Hobbs were questioning the pro- indicate that a car had driven into | O°“ new kind of ru lure support,
prietor of a beer tavern haif a block the brush-covered drive for many | that holds rupture in @ pressure
from the hardware store. This man months. From all appearances the hut | area no Jarger thar the size of a
had also received.a $100 bill from the _ itself hadn’t been occupied for years. | quarter
scar-faced suspect, andshe was able to Allen started to continue on, when Ty N Ww T d
tell them considerably more about his suddenly the reflection of the early | .. ne Nu-Way uss was Ge-
customer. sun against some bright surface in the signed, not in a tries factory but
“The. fellow drifted in here about brush at the side of the tumble-down | in « doctor’s expert. ce. For years
six weeks ago,” the tavern keeper vol- hut caused him to pull to a stop. ruptured people
unteered, “Didn’t’ have much money, A moment later the two officers | have b travel
but he wags a good talker and soon were out of the car and circling closer | ; ave been travel 2f&AD WHAT
made friends who'd buy him drinks. — to the spot from which that reflection | 17% hundreds ol
Appeared to have been a miner atone had come. As they neared the point miles to try it on. RUPTURED
time, and said he was looking for work — they made out the outlines of a black | Read below what SAY .-->
doing anything, Meantime he was liv- sedan where it was pulled up and | afew of his many | Farmer:
ing from hand to mouth, staying In partially covered by old vines and | ae yf ;
some abandoned cabin out along the brush. | enthusiastic pa- | “Now I sheep without
sea front.” Two minutes later the entered the tients say about , tae
“Give you his name?” asked Allen shack with revere rawn. ghey this Nu-way | cope a
in a voice that betrayed his anxicty. ound a man in his ear sixties lying “uss! A BRS pk SR ng
“We called him Ed around here, on a pellet on the bare Moor. Hearhimn Truss: j held my) petatection,”
Never heard his last name. About was a bedroll, unused, and a pile of No Springs . - » No ;
three weeks ago he said he was going clothing. At the side of the room was Straps «+ + No Pads Factory Worker:
out of town but would be back. He # short-handled shovel, with dark . «+ No Cushions “Have worn it night
was gone for three or four days. When rust- colored splashes on its blade. Dot try to com pen the. 4 inlay Bag
he returned he was driving a black Allen had handcul!ls on the man be- | pare this Nu- Way day wt work,”
sedan, wearing new clothes and he haa fore he was fully awake. During the | ‘Truss with any Fup - |] Tetephone Lineman:
plenty of money.” next half hour the uestioned him at | ture SUPPOTt YOU | “No-Way Truss hes
In reply to the officers’ questions as length and learne that his name was | have ever tricd held my hernia in
“ to just when that had been, their in- Edward Bradley, and that he’d come before! It provide: comfort,
formant said about the twentieth of to Panama City from the West Coast | rupture support
September. Allen asked: “Did he say about two months before. Bradley ad- | without the usual cumbersome con-
where he got the money? Or the car?” mitted that he had known the mur- traptions you have been accustomed to
“No, he seemed. pretty mysterious dered man, and he said that Hall had | wearing... anew “desh-soft” contact
about it all. Then, about a week ago loaned him the black Chevrolet sedan | material that actually breathes air!
he came in and got change for a hun- that was parked outside the shack. It supports not only the point of rup-
dred-dollar note. He appeared upset The suspect stoutly denied any | ture but the entire groin on both sides,
frightened. Went out almost imme- knowledge of the murder of Andrew | thus acting to curb a new rupture on
diately, and I haven't seen him since.” Hall. He did admit, though, that Hall | the other side. ,
Other patrons of the establishment had taken him re about three
could add little to what the tavern weeks before and had loaned him, in 10 DAY TRIAL .
keeper had to say. One customer, addition to the car, the $287 found, in Your Money Back If Not Satisfied
however, said that he’d seen the man 4 pocket of a coat hanging in the hut. | you don’t risk a penny to try Nu-Way Truss;
known as “Ed” in town only the day Bradley was unable or unwilling to | your mone refunded if not a eted. SEND
before, yee groceries. _ tell the officers how he happened to be | NO MONEY. Just write your name and ad-
Sheriff Allen believed that he knew in possession of the dead man’s cloth- | dress on a postcard. When Nu-Way
what had frightened the suspect. For ing, however. Questioned about his | arrives, pay postman only $14.95 plus C.O.D.
‘it the time of Hall’s disappearance, the attempt to purchase automobile paint, postage. (Or send payment full with
news of the finding of his body had he said that Hall had asked him to re- order, and we pay postage.) * :
appeared in the local newspapers, and paint the automobile. ite war everything tn, pale and nothing to
a full description of the missing car The following day the suspect’s | inor Se oh genet Raed th wae
in heads and : ‘ money-back agreement. aké the first step
and the man who’d been seen on the memory proved somewhat better after | to rupture security--order your Nu-Way
found. Their beach near Pensacola with Hall had undergoing more than twenty hours’ | Truss today.
+t confessed. been printed. continual questioning by State’s At-
Convinced that the killer would be torney Dixie Beggs in the Santa Rosa NU-WAY CORP. Dept. 22-L
——_— eet too clever to attempt to travel in County Jail at Milton. 148 Monroe Ave., N.W. Grand Rapids 3, Mich. 79

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ie i tae A

Bradley then told how he and Hall,
who ha icked him_up along the
highway, had gone fishing on the
afternoon of the nineteenth. He told
how he had tried to interest the other
man in a scheme for recovering treas-
ure believed to have been washed up
along the shoreline. .

“But he wouldn’t go for that one,”
the Westerner said calmly. “I knew
he had money on him, but I wasn't

pinaeing say rt violent. I wanted |
i

to chisel it out of him, though. He was
too cagy for me. Said he’d take me
back to Panama City after we ate the
fish we caught that afternoon and that
he didn’t want to see me again.”

“So you took the shovel and brained
him, then stole the money you couldn’t
get any other way!” the State’s Attor-.
ney shouted.

“Oh, no. It wasn’t that way at all.
When we got to eating he started the
argument all over again. Lost his tem-
per and threw a pan of hot grease on
me. I picked up the shovel to protect
myself; and when he came at me, I let
him have it.”

When Edward Bradley went on trial

before Judge L. L. Fabisinski in Santa
Rosa County Circuit Court the fol-
lowing January, he still stuck to his
story of self defense. The State con-
tended that his act was that of a cow-
ardly killer who had attacked his vic-
tim from behind, after digging about
on the beach-in an attempt to find a
spot where he would later plant the
evidence of his crime.

After a two-day trial, unusual for its
brevity and one-sidedness, he was
found guilty as charged and sentenced
to die in the electric chair at Raiford
State Prison. On the morning of June
29, 1936, Sheriff Allen, acting in accord
with provisions of Florida law, pulled
the switch that sent the craven killer
to his death.

Whether the man had any friends
or family, whether he came from the
West as he claimed, and whether even
his actual name was Edward Bradley
—was never learned for sure. His
fingerprints did indicate, however,
that whatever his unknown past was,
he had never been arrested before
for a‘major crime.

THE END

HEADQUARTERS

DETECTIVE

STRIP SLAY-RIDE

CONTINUED FROM PAGE 57

to name the third man who was pres-
ent that night in your parlor.”

The minutes ticked off, but Ran-
dolph remained aloof and silent.
Finally Wittmann waved to the jailers
to take him away.

As they stepped up to take hold of
his arms, agitation seized the prisoner.
He broke away from their grasp and
took a step forward toward the sheriff.

“Sure,” he said jerkily, “I remem-
ber. They came to my house one
night and told me a copper was out
of the way. Ididn’t ask any uestions.
But.a couple or days later a body was
found.”

“And the other guy was—”

“Ironhead Craycraft,” came the
low-voiced reply.

Wittmann’s eyes gleamed. “Cray-

‘craft and Riggs, eh?” he repeated.

“Which one 0
ford?”

Randolph drew back, and his lips
tightened into a thin line.

“I didn’t’ say anything about any
shooting,” he replied. “'m_ telling
you who was at my house that night.”

No amount of questioning could get
the convict to change his story, how-
ever. But what he already had said
was enough to send Wittmann and
Smith two days later up to the state
penitentiary in Joliet where Craycraft
and Riggs were incarcerated.

The drab walls of the prison were
silhouetted darkly against a gray hori-
zon as the officers approached, and a
chill, raw wind beat hard against
them. But inside the massive gate
the sheriff straightened, and his pulse
quickened. Here, perhaps, he would
find the answer.

“We'll: tackle Craycraft first,” he
told the warden, after detailing to
that official the purpose of their visit.

Seated behind the warden’s desk a
few minutes later, he and Smith
waited for the prisoner. They came to

them plugged May-

attention as heavy footsteps sounded
down the hall, and they glanced up
sharply as Craycraft entered the room,
flanked by two guards.

They weren’t prepared for what
they saw. Far from being unnerved
by this unexpected encounter, the
convict seemed to take pleasure in
it. Short, swarthy, and lery-eyed—
younger looking than his 30 years—he
appeared jovial and well-pleased with
himself. ~-

He seemed to enjoy the questionable
distinction of having been a “strip
bandit” and boasted of his leadership
among them.

“I was second in command,” he
eo “T ordered them to shoot to

i es

“And if a cop had come along—?”
Wittmann suggested with a sardgnic
smile.

_ “JT guess I'd of killed him,” came the
unhesitating reply.!

The muscles of the sheriff's face
tightened. His big frame lunged for-
ward, and his words rang out with
tremendous impact:

. Wg way you killed August May-
ord!” .

The prisoner's head shot forward,
and his black eyes darted from one
officer: to the other.

“Oh, no,” he protested. “You got
me wrong. I never killed nobody.”

Wittmann bore down hard:

“So you don’t remember telling Joe
Randoiph, ‘There’s another copper out
of the way’?” he ended up.

Craycraft’s eyes widened: The
sheriff took the cue.

Bigg? et don’t know anything about

the ayford murder?” he scoffed.
“Well, let me tell you this. We're
pinning that killing on you. So, if

you're smart, you'll come clean right
now and save yourself a
trouble.”

The convict kept silent for a

lot of.

' > gmoment.

“Okay,
Ned Doi
it. The)
of their «
me and °
do with
in the ri:
Riggs w:

: doing.

and Joc’

Wittm
Dodge 2:
from V:

~” Slavin

“strip |
Granite
“You

corrobo
later t}
leader, |
fronted
viet shi
imagin
“And
his tro
heat.
sation
Ned |
terviev
denied
or in t!

INC}
S to f
thre
reti
the
someth
This
a tall,
proved
city on
no evi
Dodge
statem
his im
An
town, !
at tin

_~ HERALD-TROPIC, Miami, Florida, March1, 1970

:
H

tert —-

~ cused of raping an 80- year-old woman in

to owe ee ne
«

' hanged.. Appeals by defense lawyers and

’ house until the marshal arrived to arrest “ om

e's ast Date
With.
he Hangman

ore To avoilt a ssistlte lynching, Sher-

, ; iff Hardie took Daly to Fort Pierce,
- By Nixon Smiley . - where he was kept in jail until the date

# of his trial in Miami...

~ : _. Justice was swift in 1913. Seventeen

. days after his arrest Daly was brought to
trial: The prosecution completed its case
in two hours and 20 minutes, and the
court-appointed defense lawyers took
even less time to wind up their argu-

Miami had two hangings that year — ments. The jury fequired 10 minutes to
1914. There might have been only one, i reach a decision.
but the second hanging was rushed so —. .. >. Daly denied he kad touched the wom-
Sheriff Dan Hardie could make use of. --an he was accused of raping, but testi-
the scaffold, built for the hanging of the © mony,, including her identification of
first man. ~ him, supported the charges.

‘The first victim, Clarence Daly, wasa . - Despite Daly's claim of innocence and
massive man of six feet, weighing 225- his almost certain death on. the gallows,
pounds. His head was nearly jerked from. he never lost his appetite. Even while the
his body by the eight-foot drop vere ~- geaffold was being erected outside the

the scaffold’s trap door. : ~ ‘jail, in the block where the Dade County
Daly — none of the newspaper stories -:' courthouse now stands, he remained ‘as
about him gave his age — had been ac- gluttonous as in the past,”’ wrote a re-

porter, “and devours everything set be-

It was a perfect day for a hanging.
The weather was overcast and a de-
’ pressing pall hung over Miami. And it:
was Friday.

Fort Lauderdale, then in Dade County.
One gathers from the newspaper ac-
counts about Daly that he was an igno-
“rant laborer. is eal he may have
been a little ma eee

The assault on the old woman hap-
pened nearly a year before Daly was

4\-pound chicken for Sunday dinner.
Daly did complain about having to
--: hear the nails being driven into the scaf-
.. fold. It was enough to give a man the
“ “creeps,” he said.

* ~

‘

“4

a short reprieve by the governor delayed- . pe |
Daly's ttip CS VNG See ie As the clack approached 1

1 a.m. on

eT! According to testimony, Daly rented a _.._ Friday, April 10-1914, Sheriff Hardie
- room from T. J. Fleming of Fort Lauder- ~. ~and Jailer ur Hendrickson went ‘to:
.. dale on the evening of June 27, 1913.’ :. Daly’s ‘cell to march him to, the scaffold.

That, same evening he invaded the room They found him armed with a soda bot-

'. of the old woman, another boarder, and / tle and in a fighting mood. He had de-
+. cided there would be no hanging that |

raped her. Then, when she sought to
. leave the house, he followed her. \

. Overtaking her, Daly beat the woman . -°
unmercifully with his fists. Her scream-
ing brought neighbors to intercede. And
what did Daly do? He returned to his
room..

Meanwhile, Fleming ‘returned home.
and was telephoning the marshal when
* Daly came walking downstairs, cursing
and threatening. He remained at the

day, especially his own. |
. A priest, Father Sleven, was called.

man: decided to go. Then he wanted to go

without being handcuffed. The lawmen

«agreed to this, a possible dangerous ges-

‘ture on their part. But with the priest
- accompanying them, Daly made no fur-
~ ther demonstration.

The scaffold had been built within a
_-16- foot-high boarded enclosure. Below,
-he condemned man could see dozens of

: TE AUTHOR: ‘Nixon Smiley is a Here” “ we curious faces, those of witnesses, looking

“ald writer and a regular contributor to. __.up at him. And, if he had looked up at
Tropic. _,. °-1 the courthouse, he could have seen over

suattainn 100 men sitting on the roof as they gazed —

” After a talk with Daly, the condemned.

fore him.” The jailer reported Daly ate a . . :

| ; ; a~ ee gee eee at t : z
\ — ‘ Miami Invested -°-— + 3
| f N | ‘a | OVER $5,000,000. 4 ae |
‘ f a in cones During 1313 =
arger Paid-in-Advance Circulation Than Any Other Daily Paper Published on the East Ceast rn ne
2 ___ MIAME, FLORIDA, TH URSDAY, JUNE 18, lok (DELIVERED 10 CENTS PER WEEK) i a .

t 1
ee
werden

ASSOCIATED PRESS DISPATCHYB)

at
tE
t

CUM oous

shore
“og

>1g¢—

camer |
the |
Te on!

ATTEMPT MADE ON LIFE OF CZAR

BERLIN, Germany.

dere Of the revel

Caer Nichkolse
18.—Oace more the crear of Russia bas
cat ag Deen Bear geaib. A few minutes before a trails bearing the royal fam-
ily passed near Tachudgovo, Russia this morsing, a bomb eas found on
: the track, arranged so inst it would explode as the train passed over it.
Vigilant guste te kept of every road over which bis majesty or mem-

June

PETITION
RESIDENT TL
HASTEN THE
JEEP WATER

PROJEET

| Petitioners Plan to Ask Mr. Wil-

son and Congress to Push
Tria! of Action Against
Rane

al SONTRAGT Io IN Wi

TUTIONAL
REASON URGED
BE DEFENSE
TRIAL
OFCASE

Freedom of Speech Said te Bs
Refased Under Ove Provi-
‘sion sf the New Corrupt

names! Act

GASE AGANST METROPOLIS

CONS!

If the Deiginr Cou Coatract Can Not Acton Was Takee on Complaint

Be Enferced Thea Ceptain
Jandom Wanis Ancther
{ Plan

Presid-ot Wilson spd
will be ashed by Miamians through)

& monster petition. which is now be- rigbta.

{ne prenernt ta beneen ct

congress |”

| of A. Leight Moeree, Chair-

man of the County Scheel

—_——

That freedom of the press ts gust

abieed uader the declaration of
is rholated by one section of

the Placita) ereennt meeatten a78 te

'NEGRO MURDERER
HANGS TOMORROW
FOR HIS CRIME

Joe Brown Wil Giva His Life is
Expiation for Taking the
Life of Charles Sanford

At eleven oclock tomorrow mera-
ing, Joe Brown, a negro, wil] pay the
penalty, by hanging, for the sourder
of Charles Sanford, siso a negro, at
Perrine several montha ago. The gal-
TGS s, built for Clarence Daly, wiil be
used for the second time, sad the
strong rope has been stretched aad
seasoned. Sheriff Das Hardis will
apring the trap, end it is probadle
that only the neresaary ¥iinesses and
the physiciaas sili be prezzat.

In the county jail are two mors
men, both white, who are walting a
similiar fate, but the datee for their
execution have not beea fixed. They
are Harry eof Fort Landerdals

aod F. KR, Crawford of ; . Tha
wife and little sence athe inttar
are frequent visitors io him.

JURY IN MURDER
TRIAL GET CASE
THIS AFTERNOON

Alfred Walker is Charged With
“Milling Steve Small, Both
‘ Negroes, at Perrine on
April 17.

Areurpents Is the case of Alfred

12.8

1G BLOCKS 4
BEL

- IN BUSINESS 3
“SECTION:

oR i?

Nae -

MEAMI, FLORIDA, NEWS, July 3, 1891.

| Sea

t . . -~ : ce vt gi Beet
; ee ras car
indeed L \ . Mian Invested we Ee
E-FRUIT | | OVER $5,000,000 =f 25
i H an a
te Every Year : ‘Io Improvements Dering 1913]. -*°?
a, Larger Paid- in-Advance Circulation Than Any one Daily Paper Published on, the East Coast a ens pees
UMBER 171. (ASSOCIATED PRESS DISPATCHES) © MIAMI, FLORIDA, THURSDAY, JULY 2, 1924. (DELIVERED 10 CENTS PER WEEK) a “x1GHT PAGES a
RPI JS | OCCUPATION OF ' ¢ quia ul “ROS HE. ir Vil ATE ! LAW | FAVORED BY aE “Te ML .
, — SESS fll ” “ty ea ae « é
i aia vs ee r re.
y MEXICE CITY ees eP ee ae ts ee oe “ae: ; YRARPA PRS Ee
= bee ee x ee aoe. Ee: Et
UME agar se BPPeessbtgdes suze © ie 2 a
BV VIINS olcszoo BE Ersdos sts) ive | DANE LAND thee
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VR Ze, S pesorree sé, ee 18 Sf -[ 28 oe by EAS
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. : ee c ae : : , to c _ &. @ a ed [2a rT) . . Fy Sage Se B
: Large Stock of Provisions and ~e. | 2, | Boe E88 Sae 3 > aE if & V. W. Hela, Penta of the ; ‘ =
e ies - : ec ' - : = - . Pas -- © : .
Germans and Others iz Sau '! & be ! eteetfe*t tee <Svte a ember of Says His Firm Will Cledly .
we Handsome * 7 ‘ - c . 7 < . .# rg as el ee = * : Pom epes is ,
" ’ ; Mexican Capital . oi Ao Bet ce etS oe 75. ree? i te ams Bees Pay the Taz
Right Side ae SE" (70. S ee ee Ht Se shHPE SSS | St encter
. wa | ogee = -= ‘ a ~Laos { < = ;
ai . | Me H . ? E-- ’ “fa _o e-ceé& 2 wv. * — OE |] | ae ~ & $
distors Have Adjeursed, The’) © 5 = Oo: put. 6, sOgeepys= 2s ‘ - Believed That Other Land Owners
; : be = 3 -
' Heerta’s Representatives Se & a E=ze"s $:.s Pelee = Will Sign Petition ts Pat
- EXPECTED: Weald Not Talk of \Egeet®& CEM ST EREDs fe ete: ‘Ef
j ° Ne S$ S28. ToUett ya eftsice¢ 3 Y WORK Old Law in Oper-
: ® SE ~ ee e&= st - ese -
2 :. Peace Plans. [eK EEE aa Fax]. C63 ece5 sett. 8 ates
}, 806 boc! k a a ae) ws ¥ wee — 8 oe ‘ © eer eae eo
VERA cruz. July 2. —Fearfui of > aA — ~ >, 4 £ 2 2 — hai E a ssa c E - ctvn Pay at~rsc $ae Werk First of the ’arge lend holders eft.
yy WG. Mc. [the ture of afeire when the Comstitu-. | oe SBS oat ee a ae eel bee > ee ee oe
7 W.. | tonsliste reseh the cspttal, fcreign-' * Cak wes os c & f€us ane = ween we tee ay Be oe rn OHS the county te ise up fer the sew
retary of ere ig Mexics City are p basing ; sean Beeg x obiem tn Dede county | m publicity tax and the formation of
of aot ie leet for eeverai wdche. rer the Com sreoiies - othe thet rg rhs in panel datisn, Delay im Payment 6 county bureca of igmigretive is
$ BEM ia a bewee far f the ipa for the fret time the count .
Se | et the city, aad scavilllly tasnednves | pleining Witness the road at the : Anetaane tar- Caasicg Lees the Evergiede Gugar & Land Co.,
Z jib ammunition, seroraing tee; ere ef oil aad send are used Le form Ss ee ee
uly 2—-Neariy i Rumber ef German retagece whe ar- i Rev. itéedtsé Lb dass jit cusdion to cerry the trate, tex. ; ef lend ts Dads couaty. ¥. W Meter,
in Income over | Mived here (hte morsiag. Genera! ap ithe Methodist church, ae bor Perv ine it eatirety o@ the soft rock whirn Prigting Bas tren come by Councii-: preedeat (hia moreing 6ecisred that
re is aamouaced Prebeteion ts felt among those who! Lauderdale, 64 scare of &€0, married ee te er a ee of witt-| cae Casper Hefty of the Hefty Press| (he movewent “te the bet thiag Ie
Loci seme i &Fe attll staying im the copttct. . [884 with grown children, wae this The Poe is ans homie ates ai ike city of Miamt, but, according | ine worig that coulg Bappes to Dede
Ethe fret Bese- -| The German misieter. Admirs! | morBieg browght before J. W. Ewen. cd: &: Boonies. ois of tate & Foita the new ¢liy charmer, the councit county.”
toa edmteletre Vea Heints, advised bie couat ‘United Btales comeniasianer, charged : . ¢ cotRty # wae bas Cot viclaied the law in ve “Ose companys wfll eiga the peti-
EMT much Jos fo! they sald, te serure & QUARLICg nt! Tite eendiog odereme mail cad ocur-!care rronideet ot thy erent: anc deine because of a provise SRICK POT | tion fer the formation at tate. be.
E The ieaners | food. e t "yf etlece matters through the vetteelon” president of the Miam!to-Que- (isis: the fureishing of supplies to the rau." said Mr. Helm. “We sre ab
be i Bough to last for eight days! Ig bec highwar He has used ibe meth-: tte b {ty eficia! {8 cases of emer- ty giace. prepare the >
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BOLENDER v. DUGGER 1409
Cite as 757 F.Supp. 1400 (S.D.Fla. 1991)

The additional alleged erring of counsel’s
failure to object to the closing arguments
or the jury instructions have not been dem-
onstrated as prejudicing the defendant. As
to the claim of ineffective cross-examina-
tion, a review of the trial transcript demon-
strates that trial counsel’s conduct was. rea-
sonable and professional.

_As to the appellate counsel, Bolender
simply complains about “non-raised issues”
without specifying the appellate points
omitted. Of course, raising every single
frivolous. point on appeal is not a sign of

-effective counsel and indeed “often has the

effect of diluting the import of stronger
points.” Atkins v. Dugger,.541 So.2d 1165,
1167 (Fla.1989). The presumption that ap-
pellate counsel’s conduct falls. within the
wide range of reasonable Bolender profes-

sional assistance has not been overcome by

Bolender. .

VII, VIII and IX. IMPROPER USE,
- DOUBLING AND WEIGHING OF
AGGRAVATING CIRCUM-
STANCES
Bolender: claims impermissible ‘“‘dou-
bling” of the following aggravating circum-
stances:. (a) robbery with pecuniary gain;
(b) avoiding arrest with hindering law en-
forcement; and (c) heinous, atrocious or

cruel with cold, calculated and premeditat-
ed.

He also alleges that the application of
these aggravating circumstances was un-
constitutional and that after the Florida
Supreme Court struck two aggravating cir-
cumstances it should have remanded to the
trial court for sentencing. Instead the
Florida Supreme Court held that the invali-
dation of two aggravating circumstances
did not require a reversal of the death
sentence in view of the remaining aggra-
vating circumstances.

[10] There is ample record evidence to
support the aggravating circumstances
found. This Court cannot improperly en-
gage in reweighing the evidence after the
state courts have determined that the sen-
tencing judge’s override of the jury’s rec-
ommendation was constitutional. Lusk v.
Dugger, supra. In any event, in Bolen-

der’s case there were no mitigating circum-
stances presented thus obviating the need
to reweigh the evidence.

{11,12] Bolender also claims that the
state trial court erred in imposing the
death sentences following a unanimous
jury recommendation of life imprisonment.
This Court’s role is not to determine wheth-
er the trial court complied with state law.
See Tedder v. State, 322 So.2d 908 (Fla.
1975) (override is to be upheld only if the
facts suggesting a sentence of death are so
clear and convincing no reasonable person
could differ). Rather, the district court’s
task is to determine if the judge imposed
the penalty in an arbitrary or discrimina-
ting manner. Spaziano v. Florida, 468
US. 447, 104 S.Ct. 3154, 82 L.Ed.2d 340
(1984); Francis v. Dugger, 908 F.2d 696
(11th Cir.1990), reh’g denied, 919 F.2d 742
(11th Cir.1990).

The recent capital case of Parker v. Dug-
ger, — US. —, 111 S.Ct. 731, 112
L.Ed.2d 812 (1991), reversing Parker v.
Dugger, 876 F.2d 1470 (11th Cir.1989), is
not applicable to these facts. In Parker
the United States Supreme Court held that

the Florida Supreme Court acted arbitrarily

and capriciously by failing to properly treat
Parker’s nonstatutory mitigating evidence.
The Parker case involved a jury override
for one murder but not for a second mur-
der committed by the same defendant.
The Florida Supreme Court, after striking
two aggravating circumstances, concluded
that the trial judge found no mitigating
circumstances to balance against the ag-
gravating factors. The Florida Supreme
Court in Parker, did not conduct the inde-
pendent reweighing of the evidence despite
that record containing substantial evidence
favoring mitigation. In Bolender’s case,
the tactical decision of presenting no miti-
gation was made by informed and capable
defense counsel. Parker is therefore inap-
plicable since the record here contained no
mitigating circumstances.

XI and XII. VIOLATION OF MAYNARD

v. CARTWRIGHT

{13] Bolender contends that the Florida
statutory aggravating factors of “cold, cal-

|
|
|
}

BOLENDER v. DUGGER 1407

Cite as 757 F.Supp
nonstatutory mitigating evidence will ren-
der a death sentence invalid.

Here, the record clearly refutes Bolen-
der’s allegation that his defense counsel
was precluded from presenting nonstat-
utory mitigating factors. At the state evi-
dentiary hearing, attorney Della Ferra tes-
tified that he investigated nonstatutory
mitigating evidence, but based on his obser-
vations of the jurors, decided that a quick
recommendation of life would be more in-
fluential upon Judge Fuller. Counsel fur-
ther testified that he knew he was not
limited to the statutory mitigating factors.
Prior to trial; defense counsel filed a mo-
tion citing Lockett, and later argued the
disparate treatment of a codefendant as a
nonstatutory mitigating circumstance. See
White v. Dugger, 523 So.2d 140 (Fla.1988).
In view of the jury’s unanimous recommen-
dation for life, if any error existed in the
instructions, it is harmless.

Similarly, the trial judge did not limit his
consideration’ to statutory mitigating
factors. His sentencing order, after listing
the absence of specific statutory mitigating

factors, reflected: that no evidence or mat-

ters were brought to the attention of the
trial court in addition to the enunciated
mitigating factors. Furthermore, Judge
Fuller stated that “there are no mitigating
circumstances existing—either statutory or
otherwise—which outweigh any aggravat-
ing circumstances.”

It is clear that trial counsel, after inter-
viewing witnesses and investigating the
case, made a tactical decision not to present
any mitigating evidence, other than to ar-
gue the disparate treatment of a codefend-
ant and the statutory mitigating circum-
stances. When such strategic decisions are
made, one can hardly complain of error for
not considering that which was not present-
ed.

This conclusion leads to the only remain-
ing issue deserving of extensive discussion:
the alleged ineffective assistance of coun-
sel in making such tactical decision. Such
issue may be decided without the need of a
federal evidentiary hearing, since Bolender
received a full and fair hearing on this

1. This Court has reviewed the transcripts of

. 1400 (S.D.Fla. 1991)

issue in the State Rule 3.850 proceeding.’
Francis v. Dugger, 908 F.2d 696 (11th Cir.
1990), reh’g denied, 919 F.2d 742 (11th
Cir.1990).

Il. THE INEFFECTIVE ASSISTANCE
OF COUNSEL CLAIM

[3,4] Bolender argues that he was de-
nied reasonably effective assistance of
counsel because his lawyer did not present
nonstatutory background mitigation. The
defendant is guaranteed the right to rea-
sonably effective assistance of counsel.
Strickland v. Washington, 466 U.S. 668,
104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
However the Court “must indulge a strong
presumption that counsel’s conduct falls
within the wide range of reasonable profes-

sional assistance; that is, the defendant

must overcome the presumption that, un-
der the circumstance, the challenged action
might be considered sound trial strategy.”
Id. at 689, 104 S.Ct. at 2065.

There is no question that trial counsel’s
strategy regarding which evidence to
present and not to present to the jury was
reasonable. The defendant’s counsel
achieved what he tactically sought: a

‘quick, unanimous recommendation for life.

He did so after fully investigating the case,
including interviewing Bolender’s relatives.
Counsel made the additional tactical deci-
sion to rely on the jury’s recommendation
and the disparity argument with the sen-
tencing judge. Such decisions did not ren-
der counsel deficient since they were made
deliberately, as part of a reasonable strate-
gy after full investigation. Such were the
findings of fact made by the Florida Su-
preme court in reviewing the transcripts of
the post-conviction evidentiary hearing
where counsel and the petitioner’s mother
and sister testified. There is no question
that “Mr. Della Ferra knew it all.”

The findings of historic facts made by
the Florida Supreme Court and fairly sup-
ported by the record are binding on the
federal court in habeas corpus proceedings.
Tucker v. Kemp, 776 F.2d 1487, 1490, n. 7
(11th Cir.1985); Messer v. Florida, 834

such hearing.

- background ‘ testimony from

1408

F.2d at 896. While the findings of histori-
cal fact are entitled to a presumption of
correctness, 28 U.S.C. § 2254(d), the conclu-
sions regarding effective assistance of
counsel, whether made by the Florida state
courts or the district court and whether
stated as “findings” or otherwise, are mat-
ters of law and thus are not presumed
correct. Lusk v: Dugger, 890 F.2d 332, 336
(11th Cir.1989), reh’g denied, 894 F.2d 414
(11th Cir.1990). An independent review of
the evidentiary hearing in state court can
yield no other conclusion but that’ trial
counsel knew of Bolender’s background
and the availability of his mother and sis-
ter’s testimony. Furthermore, counsel tes-
tified at the same hearing that he made the

‘decision to argue the quick recommenda-

tion of life from the jury as opposed to
relatives.
Such performance, despite the outcome,
met the proper standard’ for reasonably

“effective assistance. ~

Della Ferra’s current affidavit regarding
his knowledge of capital sentencing law

“today and regretting not presenting other

evidence does not require a second ‘eviden-
tiary hearing since this Court can rely on
the ‘state court proceeding where Della Fer-
ra testified on the identical claims of inef-
fective assistance of ‘counsel. “A court
deciding an actual ineffectiveness claim
must judge the reasonableness of counsel’s
challenged conduct on the facts of the par-
ticular case, viewed as of the time of coun-
sel’s conduct.” Strickland v. Washington,

466 U.S. at 690, 104 S.Ct. at 2066. Apply-

ing that standard, Della Ferra was reason-
able in his sentencing strategy and any of
the proffered changes in strategy would
not have had a prejudicial effect on Judge
Fuller’s final judgment of death.

III. ERROR IN JURY INSTRUCTIONS

[5] Bolender claims as erroneous a por-
tion of the trial judge’s instruction to the

~ jury which read, in pertinent part:

“{T]here is no argument in this case but
that a homicide did take place on that
date or those dates and that it occurred
in Dade County. Obviously the balance
of the issues are for your determina-
tion.”

757 FEDERAL SUPPLEMENT

A review of the entire jury charge makes
it abundantly clear that the definition of
homicide is simply “the killing of one hu-
man being by another’ and that it could be
lawful or unlawful. The Court neither ex-
pressed an opinion on the legality of. the
killing nor connected it to the defendant.
Furthermore, the defense conceded that
the tortured and mutilated bodies were ob-
viously killed by another human being.
This claim is devoid of merit.

IV. DENIAL OF RIGHT TO PRESENT
CODEFENDANT’S TESTIMONY

{6] Bolender claims that. his constitu-
tional rights were violated when the trial
court refused to allow him to secure code-
fendant Paul Thompson’s testimony. In
Bolender v. State, 422 So.2d 833 (Fla.1982),
cert. denied, Bolender v. Florida, 461 U.S.
939, 103 S.Ct. 2111, 77 L.Ed.2d 315 (19883),
the Florida Supreme Court held that the
trial court did not abuse its discretion in
denying the petition for habeas corpus ad

testificandum. of incarcerated witnesses
who had been adjudicated incompetent. A

further independent review of the record
by this Court leads it to the same legal

conclusion.

V and VI. INEFFECTIVE ASSISTANCE
OF -COUNSEL AT TRIAL AND AP-
PEAL .

[7-9] In Strickland, supra, the Su-
preme Court delineated the two-prong test
for ineffective assistance of counsel: (1)
that counsel performed outside the wide
range of professionally competent assist-
ance and (2) that there is a reasonable
probability of a different result but for
counsel’s errors. Petitioner can satisfy nei-
ther prong of the Strickland test. —

Counsel’s alleged errors include the fail-
ure to subpoena the guardian of the incom-
petent witness Thompson. First, as dis-
cussed above (Claim IV), witness Paul
Thompson’s adjudication of incompetency
would have prevented his testimony. Sec-
ondly, the testimony, now ten years later,
being proffered would not have a reason-
able probability of resulting in an acquittal.

1410 757 FEDERAL SUPPLEMENT

culated and premeditated” and “heinous,
atrocious and cruel” were applied to -him in
an unconstitutional overbroad manner in
violation of Maynard v. Cartwright, 486
U.S. 356, 108 S.Ct. 1853, 100 L.Ed.2d 372
(1988). Such claims lack merit in view: of
Lindsey v. Thigpen, 875 F.2d.1509 (11th
Cir.1989), and Bertolotti v. Dugger, 883
F.2d 1503 (11th Cir.1989).

XIII. IMPROPER SHIFT OF BURDEN

[14] Bolender contends that the trial
court required him to establish mitigation.
In support. of his position, Bolender cites
Adamson v. Ricketts, 865 F.2d 1011 (9th
Cir.1988), which discussed Arizona’s capital
sentencing scheme. Florida’s capital sen-
tencing: statute and its application in this
case is easily distinguished from the en
banc majority’s view of Arizona’s death
penalty laws. Florida’s death sentence
statute does not improperly shift the bur-
den to the defendant on the issue of wheth-
er he should live or die. Judge Fuller’s
sentencing: procedure comported with all
constitutional guarantees.

XIV. AUTOMATIC _ AGGRAVATING

CIRCUMSTANCE

{15]: Bolender claims that, since. the: in-
dictment charged in the alternative both
felony murder and premeditated murder,
the conviction for first degree murder was
predicated upon the felony murder finding.

Petitioner argues that such finding formed

the basis for conviction and hence an alleg-
edly automatic finding of a reste ag-
gravating circumstance.

There is no constitutional deprivation in
the charging in the alternative particularly
where, as here, there is ample evidence of
both intent and premeditation. In any
event, there remains sufficient aggravating
circumstances, as found by the trial court
and the Florida Supreme Court to support
a sentence of death since no mitigating
factors were presented nor found. It is not

this Court’s function to agree with the trial’

judge and the Florida Supreme Court.

2. The second aggravating circumstance stricken
was the finding that Bolender’s actions created
a great risk of death to individuals other than

Spaziano v. Florida, 468 U.S. 447, 467, 104
S.Ct. 3154, 3166, 82 L.Ed.2d 340 (1984).
Rather this Court’s review is limited to
whether the sentence was arbitrary or dis-
criminatory.

XV. USE OF NON-RECORD REPORT
IN SENTENCE

{16] Bolender claims that the judge
may have considered non-record sentencing
reports due to the trial court placing Bolen-
der on probation in the past: There is
absolutely no evidence of any presentence
investigation report used by the court in its
prior placement of the petitioner on proba-
tion. The support for Bolender’s allega-
tions rests with the following comments
from’ the: court:

‘Mr. Bolender has been before me, of
course, on previous occasions, a number
of probation occasions, because of prob-
Jems concerning scheduling, and this
case fell into my division as a result of
the earlier probation upon which I had
placed him, part of which, I think, had a
term, some period of incarceration run-
ning concurrent with ‘the Federal sen-
tence or credit for times served in the

Federal System which was imposed.

It is clear that the judge’s remarks were
made in the context of finding the statu-
tory aggravating circumstance that “the

capital felony was committed by a person

under sentence of imprisonment.” Fla.
Stat. § 921.141(5)(a). Since being on proba-
tion is not the equivalent of being under a

sentence of imprisonment, the Florida Su-

preme Court invalidated this aggravating
circumstance.” The possibility of any sen-
tencing report existing in the prior proba-
tion cases is mere speculation on the part
of petitioner’s counsel.

XVI. IMPROPER JURY
TIONS

Bolender claims that the jury instruc-
tions defining the state’s burden of proof
beyond a reasonable doubt deprived him of
his constitutional rights. A review of the

INSTRUC-

the actual victims. Bolender v. State, 422 So.2d
833 (Fla.1982), cert. denied, 461 U.S. 939, 103
S.Ct. 2111, 77 L.Ed.2d 315 (1983).

The Gainesuille Sut

Saturday, Jul y 8, 1995 ~

ge hears new evidence

_ Business/Weather

By D DAVID GREENBERG...

By DAVID. on

- Sun staff writer «

A circuit judge in Miami has schethiied a
hearing for 10 a.m, today to determine if new be
evidence in a 15-year-old murder case should ot BE
prevent an execution scheduled for Weiesiny +
at Florida State Prison in Starke. .

-- Bernard Bolender, 42, is sentenced to die for
his part in the Jan. 8, 1980, torture and et :
of four drug dealers in Miami.

Dade Circuit Judge Bernard Shapiro will be: =:
asked to delay the execution while the new evi-:
. dence is considered. ©

Bolender contends that he was not. present: .-
when the, four drug dealers were killed. His.
attorneys: say the murders actually were com-

es ee ck

= Bélender, 1980" second-degree murder and:

- turn he had to testify against Bolender, assum. -
. ing he passed a liedetector test. °;

- See neal on hs 2B

Zz]. mitted” by Joseph Macker
|. and: Paul Fred. Thompson.

‘ Bolender, . who admits he

y was associated with Macker-,*
and Thompson and was in:
volved in drug dealing, said 3
he was called to the scene °
‘later by’ Macker. to” help
clean it up. ~ *
Macker pleaded guilty to”

teat tee ae reer

' i The effort fo stop the eXeciition of'a man scheduled to die i in

Florida’s “electric chair has gone to ‘cyberspace..* 2.

i of the” defense” of Bernard’ Bolender; 42, sentenced to
eath for the’ Jan. 8, 1980, murders of four ital drug dealers,

ve be found on the: internet:

-: Matthew Lawry, a member of Bolender's, “defense team, says

the World Wide Web is simply another way: to get the word

about the execution out to the public. *-

"_; “As the number of executions has gone up, it's become routine

i for a lot of people,” Lawry said. “In newspapers, there

served seven years. In Te- :

Bernard 'Bolender, 42, Gontenced to di

- Thompson originally was found to be tempo-t “has @ page on the World Wide Web. than:

rarily insane.” It. later: was. ae that. fant at http://www. polaris.net: re:

after it happen8m?2 733252 {i234 Dese
‘And Lawry believes this is a way to 0 get information out to
Segments of the public who might n et Ht otherwise | ‘pay attention
See WEB on Page 2B fe

Fess F s ‘ Pee 8 =
> ' dle Sisane oe ra j.3

ee 22 : - ‘ , »

WEB

continued from Page 1B
to executions.

Gerhard Ritter, chairman of the Uni-
~ versity of Florida Department of Com-
puter and Information Sciences, says
Lawry is right.

“It was bound to happen,” Ritter
said. “You can reach a large number of
people this way. More and more people
will look at the Internet and the World
_ Wide Web for many more diverse is-
sues than the death penalty. It’s an
open bulletin board. Everyone can ex-
press their opinion.”

The web pages on Bolender can be

found - at
http: // www. polaris.net:80/user-
www/vollaw.

The information includes a fecent
smiling photo. of Bolender under a

headline that flashes the number of |

days until Wednesday’s scheduled
| execution.

: “It has an extensive history of the
| case and a sample letter to email to
| Gov. Lawton Chiles asking him to de-
lay the execution. :

This is the first attempt at this in
’ Florida, Lawry said.

About two months ago, an attempt in
Illinois — the first of its kind in the
country — generated a lot of interest
and e-mail to that state’s governor.
However, it failed to stop the execution
of Gervies Davis.

No matter what the outcome here,
Lawry says using the Internet in death-
penalty cases is likely to continue.

continued from poy IB
was a ruse, said Matthew Lawry, who is part of Bolender’s

defense team. Thompson later pleaded guilty to second~

degree murder and was sentenced to 35 years.
Included in the 75 pages of new information presented to
Shapiro on Friday is evidence that Macker actually failed

‘the lie-detector test.

Lawry said his office recently obtained the results, and

two polygraph experts say Macker was lying.
“The results were never previously disclosed,” Lawry

said. “It shows that Macker was lying in the exam when he

totally minimized his role in the murders. These are major
new pieces of information that would have likely changed a
lot of things. The deal was incredible for Macker and his
wife, Diane.”

Diane Macker, who was an informant for Metro-Dade
Police, was given $10,000 in drug money seized from
Macker’s house after the murders.

“Bolender was convicted largely on the testimony of
Macker and his wife,” Lawry said. “The prosecutors were
committed to the plea agreement. I think they went ahead
even though they knew the polygraph was flawed. This new

The assistant attorney general
says the information isn’t new.

information questions the credibility ofthat testimony.” ~-

Bolender was convicted after the jury deliberated six
hours, but then the jury only took 10 minutes to recommend
life. Judge Richard S. Fuller overruled that recommenda-
tion. In 1986, the death sentence was vacated, but it was
reimposed in 1987. -

Lawry believes that this new information should - lend.
even more weight to that jury recommendation. —

“If Macker was lying, jt would not be right to sentence
Bolender to death and let Macker off,” he said.

But Florida Assistant Attorney General Richard Martel
says this information should not be looked on as new. Martel
would not talk about the specifics of the tests.

“Where have they been for the last 15 years?” Martel said.
“The fact that he took a polygraph is not new. They should
have done this a long time ago. I assume their argument will
be it’s new. We’re working on our response now.”

But Lawry contends the information is new because the
prosecutors never released the polygraph results. He said it
took recent litigation to obtain them.

Fort Lauderdale

8A: Sun-Sentinel, Tuesday, July 18, 1995

,
Sr ata ee

ee of’ ate

in a cart
enues re

yy We tis ™ +
Tole’ in’t

in ‘@ppeal|Monday ‘based on :

- admitted Araming | Bolender.

Seu :
meé n whose’ j0dies were set: -afire:

Spywho Wwere: stabbed

upreme Court reject

|. Fl shed ae Court ating re

cutionis 1 imminent,” he said. ‘‘Bo-
ie lender’: execution has been

tab snisves

tr imminent three times before.”
The: timeliness issue was im-

‘portant for. Moreno, who asked
Olive;

yhere.there’ s finality?” The

aie udge(said there were “three go-
: des @vernors: who’ have signed death

pi Ta pi tas

warrants Fifteen years” hay

a
i Me

: ca truly | persuasive appa off’
“actual innocence knows no time

_ eae eae now free, limits, ” Olive said outside the
at courtroom. ‘2 ere

U. Se District Judge Federico
foreno. anled nat Bolender: had

fects Fariba Komeily argued that @
fall: “ofthe: fresh: evidence’ could: *¥:
paver been obtained and abet

ay ae Contention is [the in-
mates] ¢ contacted us because exe-

sCan you envision:a case

Murderer’s execution blocked

MIAMI — A convicted killer facing electrocution
today for the murders of four men in Dade a
County in.1980 has been given an indefinite stay
of execution. US. District Judge Federico Moreno

ranted the stay late Monday afternoon to
Bernard Bolander) 38, said Paula Tully, a
spokeswoman for the state Department of
Corrections. Bolander, who also used the name
Bolender, and two other men were involved in a
cocaine deal with the victims. Court records show
the victims were tortured, beaten an” stabbed
over several hours. Three apparently died as a
result of the beatings. The fourth was still alive
when victims were placed in the trunk of a car
and driven to an I-95 expressway ramp. The car
was then soaked with gasoline and set afire.

SPT 90/3 [90

(AAG, >

(OS GGO

was using on the Ford had been issued
for a Paige cabriolet. That meant
Lorenz had switched the plates and
was using them on a borrowed car.
The assistant who had checked these
plates originally hadn’t been told to
check the make of car, too, and he
hadn’t bothered with that.

It took a bit of doing to find the
missing Paige cabriolet, but a check
on the borrowed Ford and the man
who owned it produced the car used
for the murder. There was a bullet
hole in the window; and the diamond
tread tires matched those Hickey had
made casts of. It also turned out that
Henry Lorenz owned a .32 caliber gun.
His bank account showed a deposit of
$150 on March 19th. That was the
day after the insurance policy loan
check had been cashed.

“It’s all very simple once you know
what happened,” Detective Hickey ex-
plained. “Henry Lorenz was the bor-

rower—not the lender. And he isn’t a
Spaniard at all. He is a dark com-
plexioned Swede whose features could
be taken for Latin. What’s more, he
is in the United States illegally.”

The county detective went on to
explain that Nils Anderson knew this
latter fact and that it turned out to be
the real motive behind the murder.

Lorenz confessed everything after
pieces of a bloodstained coat which he
had tried to burn in the furnace at his
rooming house were found.

“Anderson knew that Lorenz was in
this country illegally and could be
turned _in for deportation,” Hickey
said. “Lorenz owed Anderson money
and hadn’t kept his promise to pay.
Anderson needed the cash to repay
Mr. Stenis. Anderson called Lorenz
from the drug store. They argued, but
Lorenz must have promised to pay if
Anderson would accompany him to a
friend’s house to get the money,

Lorenz was prepared for the eventual
outcome because he took a gun along
on the ride. When Anderson found
out the ride was a hoax he threatened
to have Lorenz deported. Lorenz
killed him.”

The mystery of the reed in the nose
was cleared up when Henry Lorenz
told Hickey he had traveled all over
the world and spent almost a year
with the Itonamo Indians in Bolivia.

“He used an ordinary pocket knife
to make the hole in ‘the nose car-
tilage,” Detective Hickey said in sum-
ming up the case for the newspaper-
men. “And there were plenty of
reeds right there on the riverbank.”

Henry Lorenz, the man who couldn’t
pay his debt and didn’t want to be
deported from the United States, died
on the gallows in Wethersfield prison.
That would be just about half a mile
from the spot where he dumped the
body of Nils E. Anderson. THE END

DEAD MAN IN THE SAND

(Continued from page 51)

means somebody operated. It wasn’t
a usual operation, either. The best bet
is to check with all physicians and
surgeons in Pensacola and Milton.
This corpse will have to be buried
tonight.”

Sheriff Gandy, who had returned
to Pensacola, was called and apprised
of this new information. “It’s your
case,” the Escambia County Sheriff
told Allen, “but Ill certainly do
everything I can to help you. Pm
going to assign Deputy Jeff Herring-
ton to check the doctors here. He will
work with you as long as you need
him.”

Allen said he was going to give all
the information he had to the Milton
newspaper and ask them to print it.
“Maybe some reader will come for-
ward with an identification,” he said.
“I wish you people in Pensacola
would do the same thing with the
paper over there. Deputy Herring-
ton can do that for me if he will and
then start checking on the doctors in
your town.”

Sheriff Gandy assured Allen that
would be done. :

Most of Monday was spent trying
to find a doctor who could recall oper-
ating on a man’s right hip, but this
didn’t lead to anything that day. The
Monday afternoon papers carried
stories about the mystery man found
in the sand at the isolated beach. The
usual tips started coming in to head-
quarters in both counties, but none
of these led to an identification.

Sheriff Allen realized that he was
faced with an almost impossible task,
It was necessary to identify an un-
known dead man, who might have
been brought from a far distance to
be dumped into a gulf beach grave:
and of finding the person who killed
him, who, from the looks of things,
Ri left absolutely no clues behind

im.

That’s the way the case stood Mon-
day night when Deputy Herrington
was working late in the county build-
ing in Pensacola. He was doing his
best to reconstruct the exact way the
murder could have*taken place when
a young man entered the office. ”

“My name is Frank Tobin,” the
visitor said, giving his address in one

of the Pensacola suburbs. “I read the
description of the dead man found on
the beach. My wife and myself have
been concerned about her uncle, An-
drew Hall. He’s been living with us
for about two months, but the last
Li we saw him was on September
19th.”

Herrington asked why the police
hadn’t been notified before, because
it was now September 30th. _

Tobin explained that by saying An-
drew Hall frequently left town for
days at a time, so they had not been
concerned immediately. “But he has
never stayed away this long before,”
the young man added. “When my
wife read the story in the paper she
became alarmed.”

Deputy Herrington asked Tobin to
give him a full description of the
missing man.

“Mr. Hall is 48 years old,” the
anxious visitor stated. “He’s my wife’s
uncle and his home had been in
Andalusia, Alabama, where he had
lived with his wife. They got a di-
vorce a little over two months ago
and he came here to live with us. He
was interested in finding some busi-
ness venture for himself in one of the
cities along the Gulf Coast. It was
usual for him to be gone on these
scouting trips for several days at a
time, but he was never gone more
than three or four days even when
he went to the back country search-
ing for timber stands he could buy.”

rank Tobin went on to say that
Andrew Hall had returned from such
a trip on September 19th and found
several small checks accumulated in
the mail.

“He asked me to go downtown with
him,” the young man continued, ‘so
he could endorse them and cash them
at my bank. I went with him and
when we parted he said something
about relaxing by going fishing that
afternoon. He got in his 1930 black
Chevrolet sedan and drove away.
That’s the last time either my wife
or myself saw him.”

“September 19th,” Herrington re-
peated, “and the body on the beach
was found September 29th. That’s ex-
actly ten days.”

The deputy didn’t say so, but he

was thinking that the coroner had
estimated ten days as the time elapsed
Since the still unidentified man had
been slain. That much fitted perfectly.

It also developed that the missing
Andrew Hall had a long scar above
his right hip and that he limped. This
was the result of an operation per-
formed by a Century, Florida, sur-
geon. He had fallen off a bridge con-
struction job while at work, and it
had been necessary to operate and
wire the bones together.

Frank Tobin didn’t believe Hall had
any enemies. “I can’t recall a single
instance where he had trouble,” this
man told Herrington. “He was easy -
going and friendly to everybody.”

Tobin went on to explain that his
wife’s uncle had sold some property
just before leaving Alabama and that
he carried $1,000 in cash on his person
at all times. “The money was in new
$100 bills,’ Tobin said. “He carried
that much around with him because
when he found a lumber stand he
wanted to buy he had to pay for it in
cash. The backwoods people are sus-
Picious of checks. They want their
money in cash. Both my wife and my-
self warned him to be careful, but he
a us he could take care of him-
self.”

“How was your uncle dressed on
the last day you saw him?” the depu-
ty asked.

“He was wearing a blue business
suit,” Tobin answered, “but he car-
ried a suitcase in his car with some
extra clothing in it. He liked to fish
and would change clothes in the car.
A rod and reel and a pair of old
en ge and a sports shirt went with

im everywhere.”

Deputy Herrington wanted to know
if Hall had said where he intended
going fishing.

“No, he didn’t,” Tobin told him,
“and he didn’t mention going with
anyone. He usually went off alone,
anyway.”

Deputy Herrington ‘phoned Sheriff
Allen in Milton and told him what
Frank Tobin had said.

“That’s the most encouraging news
we've had,” the Santa Rosa officer
said. “Have this man Tobin come over
here tomorrow. We’ll have the body
disinterred.”

Tobin viewed the corpse, but could
make no positive identification be-
cause of its condition. “I think it’s
Uncle Andrew, all right,” he said,
“but I can’t be sure.”

{

Sheriff A
know it’s di
the doctor °
tion should

A wire w
Century anc
following m
the case his
been made
before he p:

After a t
been made
Andrew Ha
eration was
not much let
match this

Sheriff A]
who returne
train. After
peated the s
Herrington i
about certai:
drew Hall's

“It was a
bin told hin
party. It was
patibility. T}
before Uncle

Asked abot
of the dead 1
no informati
had been in
time and ha
such persons
able was a s:
a crayon d
much younge
Frank Tobi
errington a
on the repo:
who had bee
ored sand, th
fire and the t}
grape. The si
and beach gr
the same type
trace of clot
campfire, lea\
the killer h
clothes with |
was a cotton
said could ha
Pants or a cx
latter clue co
the officers t
came from.
An alarm w
boring states
the lookout fo:
“I’m going t:
ex-wife in Al:
rington. “May
thing more ab
business assoc
know who kn
Alabama _ wit}
pockets.”
Herrington
good idea to
around the be;
indicating the
the scene of th
used to hold ba
who bought bz
19th.”

Allen left fi
rington went -
station angle.
bait dealers ar
along the high
fishermen. No:
identify the c;
Particular who
19th, however.
Herrington
friend of his
beach where t
and went to se.
“Yes,” this n
seeing two me:
here was a b!
highway. They

-ventual
in along
1 found
eatened

Lorenz

the nose
Lorenz
all over
a year
Bolivia.
et knife
se car-
in sum-
vspaper-
enty of
ank.”
couldn’t
it to be
tes, died
{ prison.
if a mile
iped the
THE END

mer had
e elapsed
nan had
»erfectly.
» missing
ar above
ped. This
tion per-
ida, sur-
idge con-
<, and it
rate and

Hall had
a single
ble,” this
vas easy-
ybody.”
1 that his
property
and that
lis person
2s in new
e carried
1 because
stand he
yv for it in
» are sus-
‘ant their
e and my-
ful, but he
e of him-

iressed on
the depu-

e business
ut he car-
with some
<ed to fish
in the car.
air of old
went with

ed to know
e intended

told him,
going with
off alone,

ned Sheriff
him what

aging news
Rosa officer
1 come over
‘e the body

e, but could
fication be-
I think it’s
t,” he said,

Sheriff Allen was disappointed. “TI
know it’s difficult,” he admitted, “but
the doctor who performed the opera-
tion should be able to tell us.” ;

A wire was sent to the surgeon in
Century and he arrived in Milton the
following morning, bringing with him
the case history and X-rays that had
been made of Andrew Hall’s injury
before he performed the operation.

After a thorough comparison had
been made the doctor said, ‘“‘This is
Andrew Hall. I’m positive. The op-
eration was an unusual one. There’s
not much left to go by, but the X-rays
match this man perfectly.”

Sheriff Allen thanked the doctor,
who returned to Century on the next
train. Afterwards, when Tobin re-
peated the story he had told Deputy
Herrington in Pensacola, Allen asked
about certain details concerning An-
drew Hall’s divorce.

“It was a friendly separation,” To-
bin told him. “There was no third
party. It was simply a case of incom-
patibility. The divorce went through
before Uncle Andrew joined us here.”

Asked about friends and companions
of the dead man, Tobin could furnish
no information of value because Hall
had been in Pensacola such a short
time and had never spoken of any
such persons. The only photo avail-
able was a small snapshot made from
a crayon drawing when Hall was
much younger.

Frank Tobin returned to Pensacola.
Herrington and Allen went to work
on the report from the toxicologists
who had been examining the discol-
ored sand, the remains of the camp-
fire and the thread found on the beach
grape. The stains found on the sand
and beach grape were human blood,
the same type as Hall’s. There was no
trace of clothing or leather in the
campfire, leaving the impression that
the killer had taken his victim’s
clothes with him. The thread of cloth
was a cotton fiber, which the experts
said could have come from a pair of
pants or a coat. The only way this
latter clue could help would be for
the officers to find the garment it
came from.

An alarm was sent out to all neigh-
boring states asking police to be on
the lookout for a black 1930 Chevrolet.

“T’m going to have a talk with Hall’s
ex-wife in Alabama,” Allen told Her-
rington. “Maybe she can tell us some-
thing more about his companions and
business associates. I also want to
know who knew about Hall leaving
Alabama with $1,000 cash in his
pockets.”

Herrington thought it would be a
good idea to check fishing stations
around the beach. “This can,” he said,
indicating the container found near
the scene of the crime, “was probably
used to hold bait. I’m going to find out
ee bought bait the afternoon of the

_Allen left for Alabama; and Her-
rington went to work on the fishing
station angle. There were numerous
bait dealers around the bay shore and
along the highway who sold to gulf
fishermen. Not one of them could
identify the can or recall anyone in
particular who bought fish bait on the
19th, however.

Herrington remembered that a
friend of his fished the stretch of
beach where the corpse was found;
and went to see him,

“Yes,” this man said, “I remember
seeing two men fishing on the 19th.
There was a black car parked off the
highway. They were still fishing when

I packed up and went along home.”
“Did you notice if one of them
limped?” Herrington asked his friend.

“Yes. I’m quite sure one did.”

“What did the other fellow look
like?”

“He had gray hair, parted in the
middle. He was elderly and he was
heavy-set and there was a scar on
the right side of his nose.”

When his friend described the place

where he had seen the two men fish- |.

ing it turned out to be quite near the
place the corpse had been found.

“The dead man owned a 1930 black
Chevrolet,” Herrington said. “Could
the car you saw have been that make
and color?”

“Yes, I think so. It was on the beach
at first. Those two arrived in the black
car and began fishing. They were to-
gether, all right.”

Herrington, knowing that fishermen
usually exchange a few friendly words
when they pass, asked if his friend
had spoken with either man.

“Yes,” the informant answered. “I
spoke with the elderly, heavy-set one.
He appeared to be the nervous, sulky
type. I didn’t pay much attention to
either of them, but I remember that
one because of the scar on his nose.
I don’t think I’d ever seen him before
and I haven’t seen him since.”

That was all the friend could con-
tribute, but Herrington was more than
pleased because this information ap-
peared to place Andrew Hall at the
scene of the crime with a man of
whom he had a fairly good descrip-
tion.

Deputy Herrington continued his
questioning along the beach until
Sheriff Allen returned from Alabama.
He outlined his findings to the Santa
Rosa officer in the latter’s office.

“We’re making progress,” Allen said
with satisfaction. “Aft least we have a
good description of a man who might
be the one we’re looking for. If we
ever find him we’ve got a witness who
could possibly identify him.”

Herrington was anxious to hear
what the sheriff had found out in Ala-
bama.

“Hall lived on a farm,” Allen said,
“and I talked with his ex-wife. She’s
a very attractive woman. I broke the
news to her as gently as I could. She
was certainly shocked. Tears came to
her eyes and she said over and over
again how sorry she was. I talked with
her a long time and she gave me a lot
of information, but she insisted that
everybody in Andalucia liked Andrew
Hall and couldn’t imagine anyone
wanting to harm him. She is quite
sure he left Alabama alone.”

Sheriff Allen went on to say the
former wife assured him the divorce
was a friendly one. As his nephew had
said, they were simply incompatible.
She had helped him pack his suitcase
and told the sheriff what was in it.
One thing was a pair of old work
pants which Hall liked to wear fish-
ing.

“I realized those pants could be im-
portant,” Allen said. “We think he
was fishing just before he was killed.
The odds are he was wearing those
pants. I asked her to describe them
and she said they were made of gray
cloth and that she had put a tri-
angular patch of a different material
to cover a rip directly over the left
knee just before he packed them.”

The county officer said he’d investi-
gated Hall’s former business associ-
ates in his home town, but they were
all as surprised as the former wife.
The only possible explanation they

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boy was digging in the sand when he came upon a
human hand. The boy ran and told his father. The
father thought it was a joke, but when he investigated
he found his son was right. I told him I’d come out
as soon as I could get there. I know the county line
runs along there, so I checked on the map. I think
maybe the body is on your side.”

Sheriff Allen said he’d pick up Santa Rosa County
Coroner A. L. Johnson and meet Gandy on the road
about four miles east of Pensacola. “‘I’ll bring a couple
of shovels,” he said. “If what this man says is true,
we'll need ’em.”

Since Pensacola is closer to the spot than Milton,
Sheriff Gandy got there first and waited on the road
for Allen. The man who had called was waiting for
him on the highway; and by the time Allen and John-
son arrived Gandy had been apprised of the known
facts.

The two sheriffs and the coroner followed the man
to the spot where the boy had made the grim dis-
covery. The body was there, all right, and when they
started digging with the shovels Allen had brought
along it didn’t take long to remove the sand from
around it.

The cadaver was that of a middle-aged man. He
was of average build and height and clad in only the
tattered remains of some underwear. This garment
was too far gone to be of any help in an identification.
The body had disintegrated to the point where it was
almost unrecognizable. The back of the victim’s head
had been badly crushed, but no other signs of violence
were evident.

While the coroner made his preliminary examina-
tion Gandy and Allen surveyed the beach. It was a
lonely spot and the only other people around were
the man who had summoned the officers, his son and
his wife. Few people ever came there except an oc-
casional picnic party or a surf casting fisherman.

Both Allen and Gandy agreed that the beach grave
was on the Santa Rosa side of the county line. That
put the case in Sheriff Allen’s lap.

‘“There’s no doubt about it being murder,” Coroner
Johnson told the officers. “The skull is literally
smashed in by repeated blows. Any one of them could
have been fatal because they were all powerful. I’d
say they were made by some heavy, blunt instrument.”

Sheriff Gandy thought perhaps the murder weapon
could have been a shovel. “Whoever buried this man
didn’t do it with their bare hands,” he said. “I think
a shovel was used to dig the hole. Could a shovel have
made those gashes?”

Coroner Johnson said that was a possibility.

“What about fingerprints?” Allen asked.

“Decomposition is pretty far along,” Johnson an-
swered. “The salt in the sand and the salt water wash-
ing over the grave when the tide’s in would help
preserve the body some, but this man has been here
for a while.”

Allen asked how long.

“I can’t say definitely,” the coroner said, “but my
guess would be nine or ten days. :The autopsy will
provide a more accurate answer. As soon as that’s
over this man will have to be buried promptly.”

Allen and Gandy helped Johnson put the dead man
on a stretcher and into a car. The first thing they had
to do was make an identification. With this in mind,
they began a careful search of the grave. Digging

Detectives traced this man by a tin can used for bait, the
dead embers of a beach fire and a two-inch piece of wool

around in it produced nothing, however. There was
no clothing of any kind.

“No jewelry on the corpse and no clues in the grave,”
Gandy said to Allen. “Identification is going to be
difficult.”

“Whoever killed him doubtless removed his clothes
to keep anybody from knowing who he is,” Allen
stated. ‘“‘And I don't believe the killer thought the
corpse would be found for a long time, if ever. He
just took those precautions in case a chance discovery
was made. Let’s have a look up and down the beach.”

Allen went one way and Gandy went the other.

The Santa Rosa sheriff found the ashes of a fire
among the grasses and beach grape some forty feet
away from the grave. Gandy came over and the two
men picked up sticks and poked through the ashes
hoping to find some clue. They both knew that pic-
nickers or fishermen could have left the ashes, but they
weren’t passing up anything.

“Doesn’t seem to be a thing here,” Gandy said
finally. .

Allen agreed, but answered, “I’m going to get a bag
from my car and put all the ashes and debris in it. Pl
have everything analyzed.”

The ashes, blackened embers and a tin can with a
wire handle which had evidently been used as a camp
cook pot were shoveled into the bag.

Shortly after that Sheriff Gandy came upon a large
brownish stain in the sand. Discolorations of the same
type were on seaweed and beach grape nearby. He
called to Allen who had taken the bag to his car and
returned.

The Santa Rosa County sheriff got down on his
hands and knees and examined the spots carefully. “It
could be blood,” he said, “‘and if it is the odds are the
victim was killed right here.”

Ganc
other b
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Gandy agreed. Allen went to his car and got an-
other bag into which he shoveled large samples of the
stained sand. He also tore off the discolored parts of
the grass and leaves and put them in the bag.

“The laboratory can tell me whether or not this is
human blood,” he said. “If it is I know the attack
took place here. No man could bleed that much and
still live.”

Sheriff Gandy continued looking around, but it was
Allen on his return to the spot whose keen eyes focused
on a thread about two inches long hanging from some
beach grape. It was blue-gray in color. It occurred
to him that it might be the worn thread from a man's
trousers or coat, something that had come from the
loose ends of a seam.

Allen showed it to Gandy, who agreed that it should
be saved, and then placed it in an envelope.

“There could be a connection with the case,” he said.
“Tf the brush snagged it and we ever find the garment

i i \

it came from we can tie it in with this murder.”

“If the murder did take place here,” Sheriff Gandy
said, “the guilty man and the victim could have been
enjoying the camp fire. I think it must have been
night because to attack a man even in an isolated spot
like this in the day time would be taking a chance.
The killer probably lured his victim away from the
fire, into the darkness and struck him down. The grave
was dug far enough from the fire to be in the dark,
too. Whoever did it wasn’t taking any chances.”

The two men thought they had a fair idea of what
had happened, but if the crime had taken place ap-
proximately ten days before the discovery of the body
the person—or persons—who committed it would have
had plenty of time to get out of the state.

Believing that they had uncovered what little evi-
dence there had been at the beach scene, the two
sheriffs left and Allen questioned the proprietor of a
gasoline station located approximately a quarter of a
mile away.

In answer to the Santa Rosa County officer’s ques-
tions this man said he had noticed no suspicious cars
or people during the last two weeks. ‘‘A few people
have stopped to picnic or fish,” he said, “but I haven’t
seen anything that aroused my suspicions. I close this
place up at nine o’clock every night. A lot of things
can happen after that. I wouldn't be around to see
them.”

Allen drove back to Milton, where he awaited word
from Coroner Johnson.

When this man called he said, “I’ve made a further
examination, but there’s very little to lead to a posi-
tive identification. The teeth have some small fillings.
That could help. There are no birthmarks, but there
is a scar above the right hip. I think maybe that bone
was broken at one time. That (Continued on page 80)

Wiig de
/ ! |
4. wae:

ih / 1 . ip

The triangular patch (above) on a pair
of work pants was one of the vital clues
that led officers to an elusive killer
who lived in a house off this road (r.)

BOLENDER v. DUGGER
. 1400 (S.D.Fla. 1991)

Cite as 757 F.Supp
their bodies. The victims continued to in-
sist, however, that they only had one kilo-
gram of cocaine and not the twenty that
Bolender wanted.

The victims were then wrapped in sheets,
rugs, bedspreads, and the material from a
beanbag chair, and placed. in the car Her-
nandez had been driving. At approximate-
ly 4:30 a.m., Bolender and Thompson aban-
doned the car, with the victims inside, at
the side of I-95, a short distance past an
entrance ramp. They poured gasoline on
the vehicle and surrounding grass, igniting
the gasoline as they left. Merino was. still
alive at this point although the others
were, presumably, dead. Passing motor-
ists noticed the flames and were able to
extinguish the fire. On January 18, 1980,
Bolender and. Macker were. arrested for the
‘murders. .

TRIAL COURT'S FINDINGS IN
SUPPORT OF THE DEATH
td -PENALTY

The Trial Judge considered as aggravat-
ing circumstances:: . (1). Bolender’s prior
record, including: possession , of burglary
tools, sale of cocaine and gun charges; (2)
Bolender’s testimony that he had been a
large cocaine dealer and had been involved
in attempted cocaine ripoffs involving large
numbers of armed participants; (8) that in
committing the torture murders, Bolender
knowingly created a great risk of death to
many persons, including Mrs. Macker, who
was seven months pregnant, (4) that Bo-
lender exercised domination over his co-de-
fendants in the shooting, stabbing and kill
ing of the victims; (5) that the victims were
bound and gagged and forced to lie on the
floor semi-naked; (6) Mr. and Mrs. Mack-
er’s fear for their own lives and the lives of
four other. persons located within their
home at the time of the murders; (7) that
the capital felonies were committed during
the perpetration of a robbery and kidnap-
ping and were committed for pecuniary
gain; (8) that the defendants put great
effort in attempting to make certain that
the crimes would go undetected by remov-
ing and attempting to destroy the bloodied
carpeting and other damaged items in the
house, discarding the guns, destroying the

1403

bodies of the victims by setting the car on
fire, instructing witnesses to remain silent
regarding the incident and making arrange-
ments to install new carpeting and paint
the house; (9) that the crimes were particu-

larly heinous, atrocious and cruel, and were

committed in a cold, calculated and premed-
itated manner without any pretense of mor-
al or legal justification. Specifically, Judge
Richard Fuller stated that such acts re-
flected a complete lack of pity or con-
science. bean

The trial court ultimately concluded, af-
ter consideration of all matters presented
to it, that: (1) Bolender had a significant
history of prior criminal activity; (2) at the
time of the murders, Bolender was not
under the influence of extreme mental or
emotional disturbance and had the capacity
to appreciate the criminality of his conduct
or to conform his conduct to the require-

‘ments of the law; (8) the victims neither

participated in nor consented to the defen-
dant’s conduct; (4) the defendant was a
principal participant in the planning and
execution of the robberies, kidnappings and
murders; (5) Bolender’s role was major in
the crimes committed and he, personally,
was responsible for most of the maiming,
torture and deaths of the victims; (6) there
was nothing to suggest that Bolender was
acting under duress or substantial domina-

tion of another person; and. (7) Bolender’s

age could not be considered a mitigating
factor. . ;

‘The trial court concluded that sufficient
aggravating circumstances existed to im-
pose the death penalty, and no mitigating
circumstances existed which could have
outweighed the aggravating circumstances.

PROCEDURAL HISTORY

On direct appeal of the convictions and
sentences, Bolender raised issues. regard-
ing the Court’s alleged abuse of discretion
in limiting testimony, overriding the jury’s
recommendation of life and considering im-
proper aggravating circumstances.

The Florida Supreme Court found that
the trial court did not abuse its discretion
regarding the testimony. As to the alleg-

1404 757 FEDERAL SUPPLEMENT

edly improper jury override, Bolender ar-
gued that the jury’s recommendation was
reasonable because the victims were armed

‘cocaine dealers who may have been plan-

ning to rob the defendants,: Macker re-
ceived a comparatively light sentence, and
only Macker testified as to who shot,
stabbed, and killed the victims. ‘The Flor-
ida = Court did not agree, finding
. [t]hat the victims were armed co-

--caine dealers does not justify a night of
robbery, torture, kidnapping, and mur-
der. Two of the victims. were unarmed

- and present at the Macker residence be-
cause of a previous agreement with Bo-

| _lender.

The disparity between. Bolender’ s
death sentences and Macker’s. twelve
concurrent life sentences is supported. by

: the facts. Bolender acted as the leader

and organizer in these crimes and inflict-

ed most of the torture leading to. the

_ victims’ deaths. ... Macker’s role .was
less significant, and there is no evidence
that he participated in the stabbing and

shooting of the victims. (Citations omit-
ted) .... Based on the evidence and
testimony at trial, we agree with ‘the trial
court that virtually no reasonable person
could differ on the sentence.

Bolender, 422 So.2d at _ res
The Florida Supreme Court further noted

that Bolender presented no testimony

showing any mitigating circumstance, stat-
utory or nonstatutory. In the absence of
any evidence of mitigating circumstances,
disapproval of two aggravating factors
does not require reversal of the death gen-
tence. Id. at 838, citing Demps v. State,
395 So.2d 501 (Fla.1981), cert. ‘denied,
Demps v. Florida, 454 U.S. 938, 102 S.Ct.
430, 70 L.Ed.2d 239 (1981).

Bolender then filed a Petition for Writ of
Certiorari with the United States Supreme
Court, which was denied on May 16, 1983.
The petition alleged violations of federal
constitutional rights which had not’ been
argued to the Florida Supreme Court.

On August 1, 1983, Bolender filed a mo-
tion to set. aside judgment and sentence
pursuant to Rule 3. 850, Fla.R.Crim.P., due
to ineffective assistance of counsel in fail-

ing to obtain Thompson’s testimony and
failing to present mitigating evidence at
the penalty phase.- Bolender’s first death
warrant was signed on January 31, 1984.
The trial court. issued a stay of execution
and ordered an evidentiary hearing.

On January 4, 1985, an evidentiary hear-
ing was held before Circuit Judge Herbert
M. Klein on the claim of ineffective assist-
ance of counsel for failure to present: miti-
gating evidence. Judge Klein heard ‘testi-
mony from Bolender’s mother and sister as
to Bolender’s background, and the fact that
they had discussed ‘this background: with
Bolender’s trial attorney prior to trial. Bo-
lender’s trial attorney, G:P. Della Ferra,
also testified at the evidentiary hearing.
Della: Ferra stated that he knew about Bo-
lender’s background through discussions
with Bolender, his mother and sister, and
that they were available to testify regard-
ing such information. He further testified
that he was aware that he could present
such evidence as mitigating circumstances,
but that as a’matter’ of | strategy, based
upon his observation of the jurors’ demean-
or at Seureneny pyres to’ present such
evidence. » ©

~ Della Ferra testified that he based’ his

tactical decision on his belief: that Judge
Fuller would impose the death penalty in
such a situation. He further testified that
background testimony ‘from Bolender’s
mother and sister would not be persuasive,
as Judge Fuller had the opportunity to
evaluate Bolender’s character during the
trial. Trial counsel decided that a quick
recommendation of life from the jury
would be more important to Judge Fuller
than. background testimony from the fami-
ly.

Judge Klein denied Bolender’s claim of
ineffectiveness. of counsel regarding
Thompson’s testimony. However, he va-
cated Bolender’ s death sentences on the
ground that-trial counsel was ineffective
for failing to present mitigating evidence,
despite the attorney’ s strategic and reason-
able decision to rely exclusively on the

jury's unanimous quick recommendation.

The State appealed Judge Klein’s order
vacating the death sentences, and the Flor-

BOLENDER v. DUGGER 1405
Cite as 757 F.Supp. 1400 (S.D.Fla. 1991)

ida Supreme Court reversed, directing rein-
statement of Bolender’s death sentences.

State v. Bolender, 503 So.2d 1247 (Fla.

1987), cert. denied, Bolender v. Florida,
484 U.S. 873, 108 S.Ct. 209, 98 L.Ed.2d 161
(1987). The Florida Supreme Court found
that the mitigating evidence presented at
the evidentiary hearing before Judge Klein
was known and available to the trial .coun-
sel, who had tactically decided not to
present such evidence. The Court deter-

’ mined that

[t]o demonstrate ineffective assistance,

it must be shown both that counsel’s
performance was deficient and that the
deficient performance prejudiced the de-
fense. Strickland v. Washington, 466
US. 668 [104 S.Ct. 2052, 80 L.Ed.2d 674]
(1984). In assessing effectiveness ‘“coun-
sel is strongly presumed to have ren-
dered adequate assistance and made all
significant decisions in the exercise of

reasonable professional judgment.” Id. —

at 690 [104 S.Ct. at 2066].
... Bolender’s current counsel identi-
fied specific omissions, i.e., the failure to
have the mother and sister testify. The
rest of the test for effectiveness, how-
ever, has not been met. Trial counsel
testified that he made a strategic choice.
Taking into account all the circum-
stances—the unlikelihood of this testimo-
ny impressing the trial judge, the state’s
ability to undermine these witnesses’ tes-
- timony through cross-examination and
rebuttal, and the disparate treatment af-
forded the co-perpetrators—trial counsel
made a reasonable choice well within. the
wide range of professionally competent
assistance. Strategic decisions do not
constitute ineffective assistance if -alter-
native courses of action have been con-
sidered and rejected.

Bolender, 503 So.2d at 1249-1250.

The Office of Capital Collateral Repre-
sentative thereafter assumed representa-
tion of Bolender. A Petition for Writ of
Certiorari was filed with the United States
Supreme Court alleging that the Florida
Supreme Court erroneously interpreted the
ineffective assistance of counsel claim un-
der Strickland. The petition was denied
on October 5, 1987.

On September 4, 1987, the trial court
enforced the Florida Supreme Court’s man-
date and reinstated the death penalty. Bo-
lender appealed the reinstatement of the
death sentences but such appeal was dis-
missed.

A second postconviction motion under
Fla.R.Crim.P. 3.850 was filed on April 24,
1989. On January 31, 1990, the Governor
signed Bolender’s second death warrant.
Execution was scheduled for March 7,
1990. -On February 12, 1990, the trial court
heard argument on Bolender’s second mo-
tion. The court found petitioner’s motion
to be a successive Rule 3.850 motion and
denied relief without an evidentiary hear-
ing. -

The petitioner appealed the denial of his
second Rule 3.850 motion and on March 5,
1990, filed an application for stay of execu-
tion and a petition for writ of habeas cor-
pus with the Florida Supreme Court. Bo-
lender asserted, inter alia, that his death

sentences were in violation of Hitchcock v.

Dugger, 481 U.S. 398, 107 S.Ct. 1821, 95
L.Ed.2d 347 (1987), on remand, Hitchcock
v. Dugger, 832 F.2d 140 (11th Cir.1987), and
its progeny because Judge Fuller did not
properly consider non-statutory mitigation
and Della Ferra’s presentation of non-stat-
utory mitigating evidence was inhibited by

the law in effect prior to Hitchcock. The
Florida Supreme Court stayed Bolender’s

execution allowing the circuit court to hold
a second hearing on Bolender’s Rule 3.850
motion on.March 9, 1990. The court once
again denied relief.

The Florida Supreme Court heard oral
argument. and on May 17, 1990, issued an
opinion denying relief as to all pending
claims. Bolender v. Dugger, 564: So.2d
1057 (Fla.1990). Regarding the Rule 3.850
appeal, the Court found that all issues,
except the alleged Hitchcock error, were
procedurally barred as they were, or should
have been, raised prior to the second Rule
3.850 motion. As to the Hitchcock claim,
the Court noted that the Hitchcock court
ordered the state either to vacate Hitch-
cock’s death sentence or to resentence him
“in a proceeding that comports with the

—

1406 757 FEDERAL SUPPLEMENT

requirements of Lockett v. Ohio, 438 U.S.
586 [98 S.Ct. 2954, 57 L.Ed.2d 973] (1978).”
Hitchcock, 481 U.S. at 399, 107 S.Ct. at
1824.

As to the claims of ineffective assistance
of appellate counsel alleged in the habeas
petition, the Court considered the propriety
of Bolender’s sentences on direct appeal.
The Court, citing Porter v. Dugger, 559
So.2d 201 (Fla.1990), cautioned that habeas
corpus is not to be used to relitigate issues
determined in a prior appeal. .Bolender,
564 So.2d at 1057.

Bolender filed a motion for rehearing,
‘which was denied on September 4, 1990.
The Governor then signed a third death
warrant. Execution was scheduled for Oc-
tober 4, 1990. -On October 1, 1990, this
Court granted a-stay of execution to ad-
dress ‘the matters presented by Bolender’s
petition. On October 1, .1990 and Novem-
ber 9, 1990, this Court held non-evidentiary
hearings on -the issues raised in Bolender’s
petition .and.application for stay of execu-
tion. :

ISSUES PRESENTED

The two principal claims raised by Bolen-
der are that his death sentences were in
violation of Hitchcock v. Dugger, supra,
and that his trial counsel was ineffective at
trial and sentencing in violation of Strick-
land, supra. “Petitioner ‘argues that he is
entitled to resentencing because (1) it is
“not certain” that’ the trial judge, in over-
‘riding’ the jury’s life recommendation, con-
sidered nonstatutory mitigating evidence
or, (2) that. defense. counsel fully under-
stood that he could develop and present
such evidence. These claims will be dis-
cussed separately.

The remaining issues include errors as to
the Court’s jury instructions at the guilt
phase; an alleged denial of petitioner’s
right to present testimony of co-defendant
Paul Thompson; appellate counsel’s al-
leged ineffective assistance; improper use
of aggravating circumstances resulting in
an alleged arbitrary, capricious and unrelia-
ble sentence of death and the use by sen-
tencing judge of non-record reports.

(11th Cir.1987).
_. The defense attorney in Hitchcock intro-

At both hearings before this Court, the
petitioner, without abandoning those “sec-
ondary” claims, argued his most meritori-
ous allegations of a Hitchcock violation
and ineffective assistance of trial counsel

at the sentencing phase. The Court, in

considering all claims, has reviewed thé

entire trial record, the transcripts of post

conviction hearings and all memoranda and
case law cited.

I. THE HITCHCOCK CLAIM

[1,2] Bolender attacks his sentences as
unconstitutional, relying on Hitchcock, su-
pra, and Lockett v. Ohio, 488 U.S. 586, 98
S.Ct. 2954, 57 L.Ed.2d 978 (1978). It is well
established that the Eighth and Fourteenth
Amendments require a sentencer to consid-
er all relevant mitigating evidence in capi-
tal cases. Lockett, supra. In Hitchcock,
the Supreme Court conclusively determined
that a sentencing body must not be limited
in its consideration of mitigating circum-
stances. This principle applies to both the
Florida sentencing jury and the sentencing

judge. Riley v. Wainwright, 517 So.2d 656

(Fla.1987); Messer v. Florida, 834 F.2d 890

duced statutory and nonstatutory mitigat-
ing evidence. -Although he stressed the
statutory mitigating circumstances in clos-
ing argument, he urged the jury to consid-
er all evidence presented. By contrast, the
prosecutor and judge both encouraged the
jury to consider ‘the mitigating circum-
stances, specifically enumerating only the
statutory mitigating circumstances. In im-
posing the death sentence, the sentencing
judge found that “there [were] insufficient
mitigating circumstances as enumerated in
Fla.Stat. § 921.141(6) to outweigh the ag-
gravating circumstances.” Hitchcock, 481
U.S. at 396, 107 S.Ct. at 1823.

The Court concluded that the jury was
instructed not to consider, and the sentenc-
ing judge refused to consider, evidence of
nonstatutory, mitigating circumstances.
Id. The Supreme Court found a Lockett
violation and granted a writ of habeas cor-
pus. Hitchcock settled that, absent a
showing of harmless error, the exclusion of

. By DAVID. GREENBERG

. issued a death penalty. {63

Death Row

inmate |
seeks. delay

P| Attorneys’ to Bernard:
Bolender will. ask a judge
to‘postpone his =
execution, which is -
scheduled for Typsgay.

ToL =

Sun staff writer. Annes

‘One week ‘ago, eras for, ‘Death how in-. a]

mate Bernard Bolender were in a Miami court- :
room trying: to: convince ;a judge that - ‘new
evidence should. delay his execution; which —.'

“at the time was ‘Scheduled for less than 48 .

‘hours later.

Today, they are back ina ‘Miami courtroom,
still trying to accomplish the same goal — this
time before.a.different judge. © *.\

Last week, they were.in front of Dade Circuit
Judge Bernard Shapiro } jn a yain, effort. to’ prove:

| that: because; themain: ‘prosecution’ ‘witness ‘in';)
the 1980:

‘torture’ and’ ‘murders: ‘of. four. Miami’
drug: dealers : lied to. protect: himself, : there. .

should’ be a. hearing’t to. ‘determine ifa new W Sen- re,
tence should’ betissued!:/f! ati spinels ¢-y has 4

. The. jury; OOK i ‘Six. SoUry, to” find. Bolender, .
guilty, but ‘only.10. minutes. to. ‘unanimously rec...

ommend 4 life.sentence. Circuit Judge Richard .

S. Fuller rejected the’ jury recommendation and: iz
-: Bolender, : 42,; contends: ‘he, po ae oresent

during the’ murders and only: became aware of.

them later when he. was called i in ey, two other -

‘men to help clean up the scene..

“When. Shapiro’ turned: down their "request

thy unsuccessfully. turned: to. fhe: Florida Su

preme Court last Tuesday: *: arene

But within a half-hour after that decision, US. '

— District Judge Federico Moreno issued a tempo-

rary stay and ordered a hearing for today..Gov,

~’ Lawton Chiles immediately rescheduled the ex-
ecution’ for ‘Tuesday. at ;7' a.m. in’ the electric: ’

chair. at Florida State Prison, in Starke.
~ Moreno! s decision to hold a hearing six days . 5

later. is a little unusual. when, courts are dealing

with a one-week time period from. the start of a’

death warrant until it ‘expires. Generally, judges | 4 if |

move more quickly given. the time) restraints,
But’ Jenny Greenberg, one of the, members of. :

“Bolender’ s defense team at the. Volunteer Law- ci

- yers: ‘Post-Conviction Defense As riaenmtiie in-
_ Tallahassee, ‘is: grateful: for Moreno’s delay. :

“What's: going through : the. judge’s mind i is.
there. are, a lot of aaa Fog and | a as of issue,”
See e INMATE: pn: ‘Page SB ah ies 4 AS

~~ —-— ewww we we

INMATE |

contleuens from Page 1B
Greenberg said. “He wants to ‘review -
all those issues as thoroughly as he can.

That's what. a federal: Judge ‘should .

do.’ ”

Among the =A Moreno is likely
examining is the agreement that Jo-
seph Macker made with prosecutors
back in 1980. Macker pleaded guilty to

second-degree’ murder and served a -
' seven-year sentence. In return, he had .
to testify against Bolender assuming he

passed a lie-detector test to prove his °
own involvement in the sieakned was:
minimal. . ;

‘Macker tailed that ‘test and: prosecu-

“We aay <eontvbl the polygraph re-

‘ sults.recently,” said. ‘Matthew - Lawry,

another member of Bolende ’s ‘team. |
“Two polygraph renin wits s xh was.

fs. Sink BP ar es ;
But "Florida Assistant Attorney ¢ Gen

heath mY
‘ we ;

“He wants to
review all those.
issues as
“thoroughly as he
can. That’s what a

federal judge.

should do.”

JENNY ‘GREENBERG, MEMBER OF DEFENSE
TEAM

eral Richard Martel says the fact -
~ Macker took a lie-detector test is not
‘ new, and: should: not be considered

- ‘tors kept the ‘results hidden until attor- /
': neys for,Bolender won a recent court OW: Shapiro and the. justices of the

i. decision: — the results to be made
-: public.’ . a YC

Florida Court agreed, saying it was too
‘late.in the eroees £9, bring. up this new
information.. eaten aes

“ Bolender’s ‘team ‘hopes Moreno sees

a ‘the issue differently, and they are pre-

pared to go to higher federal courts if
he .doesn’t.:But barring another stay,
they ony have it a a.m. Tuesday to
do It.

As killer faces chair,
his cohort lives free

A last-ditch claim of unequal justice

By MANNY GARCIA “M +t
And DAVID HANCOCK —
Herald Staff Writers "| l/s

Fifteen years ago, three Miami
thugs tortured and murdered
four men during a botched drug
deal.

Joseph Macker, 58, served
seven years and now lives as a
free man in a North Dade apart-
ment. Paul Thompson, 49, spent
a decade feigning insanity and
five more years in prison. He’s
due to be released from a Belle
Glade work camp in 27 months.

Bernard Bolender, 42, has been

on Death Row since 1980. He’s .

scheduled to die Wednesday
morning in Florida’s electric
chair, even though the jury rec-
ommended he get life in prison.

The disparity in sentencing is
among the issues Bolender’s law-
yers hope will spare him from
death.

“Bo is the fall guy,” said Jenny
Greenberg, co-director of the
Volunteer Lawyers Post-Convic-
tion Defender Sraanioalicn Inc.,
which represents Death Row
inmates. “One very dangerous
man is out, another will be soon,
and Bolender will be dead.” |

The Florida Supreme Court is
scheduled to hear arguments this
morning on the unequal sentenc-
ing and other claims made by

PLEASE SEE EXECUTION, 6A

| p 4 Fi / /
a) / a } Pi
7 / A a An) + _--s :
: / , ) ; i :
va LAS) /C. 7

-L

. With police

7 ) /

EXECUTION, FROM 1A

Bolender's lawyers, If the lawyers
fail, they will push for a stay in
federal court, Starting in Miami.

how did Bolender end upon
Death, Row while his compatriots
taste freedom?

Feigning insanity :

Thompson faked mental ill-\

ness, hoodwinking doctors, pros-

Cculors and judges for 10 years, .

By ‘the time enough people
caught on to Thompson’s act, a

.. decade had passed and prosecu-

tors wanted to wrap up the case,
.. Thompson is scheduled to be
released Oct. 11, 1997 from the
Glades Work , mp, a mini-
' mum-security facility where he is
a trusted orderly,
“He is allowed to be out of
sight. and sound supervision,”
said Debbie Buchanan, a Florida
. Prison spokeswoman. 7

» An even better deal
" Macker cut an even better deal,

‘and that is the crux of Bolender’s

~ appeal.

Three ‘days ‘before : his ‘trial,
Macker pleadad guilty to second
degree murder and. testified

against Bolender, who was con-

demned primarij yon Macker’s .

a Veep tides i
Mark Olive and Anne Jacobs,
Bolender’s appellate. lawyers,

said prosecutors at trial hid dam. -

ming information about -Mack-
cr’s past that could have used to’
cast doubt on Macker’s credibil-
ity. en “

Bolender’s lawyers also claim
that:

@ Dade
results ofa
ing Macker was “deceptive”
about, his involvement in the
crime. As part of his plea,
Macker was Supposed to pass:a
lie detector test. ao -

@ Macker agreed to cooperate |
only after homicide
Detective Steve McElveen and
Prossenters, agreed. to return

10,000 Police had found

prosecutors hid the’

‘detectives McElveen and his’
Partner, Pedro Izaguirre, were
under federal ‘investigation for

“Narcotics activities and did not
release that information to Bol-
ender’s trial lawyer, G.P. Della
Fera. A federal jury later con-

‘victed Izaguirre and acquitted
McElveen, —

Prosecutors deny . wrongdoing
in the case against Bolender,

‘ man answering the door at
Macker’s apartment said he was
On vacation, ;

.@ Even though a jury con-
.victed Bolender in Apnil 1980 on»
four counts of murder, it took the
Jurors 10 minutes to. unani-

. Mously recommend he serve life

in prison. The sam day, Circuit.

Judge Richard Fuller overrode’

that recommendation and’ sen.
tenced. Bolender to death, \
“AIL victims in: this case were
und, gagged and rendered
helpless and when they pleaded

lic detector test show. -

-Macker testified,

“7am,

Said Buchanan,

- Bernard Bolender.

for mercy, were bludgeoned and:
stabbed to. keep them silent,"
Judge Fuller wrote in his sentenc-i
‘ing order. “The defendant was:
the principal participant .-,,” ;

That is why Prosecutors said:
they. targeted Bolendcr: He was:
the ringleader. i

‘A classic drug killing :

‘The murder case was a classic
‘Miami drug killing. Four drug
dealers promised more cocaine
than they could deliver.

The sellers, Nicomedes Her-
nandez, John Merino, Scott Ben-.
nett and Rodolfo Ayan Sr,, had:
agrecd to provide 20 kilos of coke:
at Macker’s house in Northeast‘
Dade. They showed up with only:
one kilo, :

Bolender Thompson,;
beat, bummed,:
clubbed, stabbed or shot thes
men, ° :

Hernandez, Bennett and Ayan:
died at the house. Merino, badly .
beaten, was still alive when ail:
four bodies were wrapped in bed-:
sheets, stuffed in bean ‘bag pil-:
lows and shoved intoa bluc 1975:
Monte Carlo, |

Bolender parked the car adja-:
cent to the Interstate 95 entrance!
ramp at Ives Dairy Road. He:
poured gasoline throughout the.
Car and set it ablaze. 5

Bolender and Macker were
arrested — several days later,
Thompson:: was also soon
arrested,

Bolender is scheduled to dic at

Wednesday. He ranks 3]
out of 354 Death how inmates in
terms of seniority. This is his
fourth death warrant. '

In case things don't 80 his way
today in court, Bolender has
ordered his last meal.

“Baby back ribs, a 16-ounce nb
steak and four fresh Peaches,”
the court spokes-

and

woman.
- Rodolfo Ayan Jr., whose father
Was One of the victims, said Old
Sparky is too good for Bolender.
“I don't mean to sound ageres-
sive, but T think he shou be
physically tortured a little bit and
then shot four times,” Ayan said.
“Four times for the four victims
he killed.”

BY JOSEPH CRANE

HE BURIED HIS VICTIM

ON THE LONELY BEACH

AND A BOY DIGGING IN

nd here
en was
nat one,
’s favor

od apo THE SAND FOUND IT

id in the
, believe
ptember

’ Sheriff

n out on
2 there’s
ch about
d Allen.
his little

: bit of evidence that
er of guilt toward the
as the investigation

Jones fought off his
lone was in no hurry.
ing the woman at 4
2 was still hurling his
i.m., Saturday, tight-
it her until she knew
ed. She finally cried
vledging her shrewd-
murder her husband
either a natural death

aed without Malone’s
* from criminals the
thers the state agent
‘ent months, she had
the passing hours, no
with him.

1 her, not only a full
ssion of the murder
id executed, but an
the woman’s perfidy,
lodding, easy-going,
id who had given her
ved a kind father to
vhile she, in return
lestine affairs in the

insuspecting mate to
y strychnine, telling
have to rid the place
rior to his death, she
pare the poison in
e presumably in the

as they retired, she
) take a sleeping pill,
chnine-filled capsule
-producer. She was
question should be
n death and the au-
purchase of poison,
oah Jones had com- -

Mrs. Jones pleaded
fudge Roy E. Pearce
> life imprisonment.
the woman’s prison
iday, March 1, 1940,
closed another case
or the next baffling
to make his second

eau even more out-
st

youngster was fol-
hom the sheriff im-
Nall’s former wife.
nself and broke the
nd’s murder to her
Then he asked her
earby who owned a

Chevrolet. The

sed her for a list of
s and clothes since
ound and would be
s the articles she
blue serge trousers.
vith interest when
s nephew had in-
t his uncle had been
isers when he had

Allen asked the woman if the trousers
had any distinguishing marks on them
and she answered that she had repaired
them before the divorce with an L-shaped
patch.

Having secured all possible informa-
tion, Allen thanked the woman and left.
During the return drive to Florida he re-
viewed what he had learned and felt
that the trip had not been entirely in vain.

Meanwhile, in Pensacola, Deputy Jeff
Herrington was making an endless search
for someone who could answer one vital
question: Who was Nall’s companion on
the fateful fishing trip and what did he
look like?

Figuring that if Nall and his companion
had gone fishing they would need bait,
the deputy decided to call upon some of
the bait dealers located near the bay on
the east side of town.

He found no one who had seen Nall and
his “friend” but he did learn of a man who
had bought a supply of minnows on Tues-
day, the 17th. The bait dealer was under
the impression that the murder beach was
where the man had gone fishing.

“Yes, I went fishing out there Tues-
day,” the man told Herrington upon being
questioned. “And I saw two men at about
the same place the papers said the body
was found. But I hadn't thought any-
thing about these fellows having any con-
nection with the case.”

“Did you see a maroon Chevrolet sedan
parked at the beach camping ground?”
Herrington asked.

The man shook his head emphatically.
“No. I did not. There weren’t any cars
around there that I could see.”

aA deputy described Nall in detail
and gave as good a description as he
had of the stranger.

“T saw them,” the man said eagerly.
“I’m sure of it. It must have been Nall
whom I did not see at close range. He
was down the beach a ways, fishing. But
I talked to the fellow that was with him.
He was an elderly man, looked to be
nearly fifty. His hair was gray and parted
in the middle. He had a deep scar on the
side of his nose.”

The man held out his hands. “He came
up and asked me for some minnows and
I noticed that a finger on his left hand
was off at the first joint.” He pointed to
the finger he meant.

Herrington nodded grimly. He was
sure that this was the mystery man he
was looking for. Now, at least, he had a
more detailed description to guide him.

“Did you learn his name?” the deputy
asked.

“No. We talked for a few minutes,
mostly about some digging he had done
on the beach and he went on his way.”

“Digging?” Herrington demanded
tensely, remembering Nall’s grave.

“That's right. He said he knew how to
locate valuable things by diggin® for
them in the right spot. There were sev-
eral holes nearby and I saw he had un-
covered a rusty rake.”

The deputy recalled the wounds in
Nall’s skull and the theory that a shovel
had been the death weapon.

“Did you see the tool that this fellow
used?” he asked.

“T sure did,” the man answered. “It
was a short-handled spade. It was stuck
in the ground close to one of the holes.”

Herrington knew a swift sense of ela-
tion. Slowly but surely the case was
assuming shape, like the varied pieces of
a jig-saw puzzle. The deputy thanked

his informant and hurried back to town
to let Sheriff “AHen know of his discov-
eries. ,

Allen listened to his recital carefully,
then said, “I think we'd better go out
and see Nall’s nephew again. If your
man’s description of our suspect checks
with his then we’ve really got something
to go on.”

The two officers called on James who
immediately recognized his uncle’s com-
panion from the word picture they gave
him. Sheriff Allen told him of the Ala-
bama angles of the case and that he was
thinking of making another trip up to
Nall’s home.

James did not agree with the sheriff.
He did not believe his uncle had been
home since before he and his wife had
legally separated. The nephew suggested
that Nall might have met his friend else-
where.

Allen requested James to give him a list
of the places Nall might have visited
during the period when he was staying
with his nephew and niece. Among the
towns James listed was Panama City,
Fla.

The officers did not believe the killer
to be a native of Pensacola and they
thought it probable that he would return
to his old. haunts after the murder. If
the killer and Nall had met in Panama
City it was possible that some trace of the
man might be found there.

Allen and Herrington climbed into their
car and drove rapidly to the Bay county
seat. In the sheriff’s office there they en-
countered Deputy Steadman Hobbs, who
served on the force under his father,
Sheriff O. E. Hobbs.

Relating the complete case history,
Allen concluded, “We know nothing of
our suspect other than his description.
However, from all appearances Nall and
our man must have been pretty good
friends.”

Herrington said slowly, “I don’t think
the killer is used to handling large sums
of money, even if he did have a car. Since
robbing Nall he may have been blowing it
im,”
Deputy Hobbs looked up, excitement
mirrored in his gaze. “Say, this might be
the man you are looking for,’ he ex-
claimed.

He got up from his desk to study a pa-
trolman’s schedule tacked upon the wall.
Then, selecting a name, he hurriedly
dialed a number.

“A few days ago,” Hobbs explained,
“one of the patrolmen was talking about
some fellow who had showed up in town
with money to burn. I remember him
saying that the queer thing about it was
that this man had been on the bum a
few days before.”

After conferring at length over the tele-
phone, Hobbs turned to Allen and Her-
rington. “From your description I would
say it is the same man, though the patrol-

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men said he had seen him only once or
twice. He said for us to go see the old
Apple Man.”

The Apple Man was an aged peddler
who sold fruit on the streets. The of-
ficers were not long in locating him.
Frightened when the officers surrounded
him, the old man appeared to wilt and
draw back into a shell.

The blue serge pants the Apple Man
was wearing caught Sheriff Allen’s atten-
tion. On the left front was an L-shaped
patch.

Wondering how the old man came to
be wearing these trousers, Allen seized
the opportunity to break the barrier the
peddler’s fright had erected. He pane
to him gently in a warm and friendly
voice:

“Those clothes you’re wearing,” Allen
said quietly. “Where did you get them?”

Allen led the old fellow to the street
curb and sat down with him, asking who
had given him the pants.

“Ed Bradley gave them to me about a
week ago,” he said tremblingly.

The name Bradley did not mean any-
thing to the sheriff.

“Do you know a fellow named Nall?”
he asked.

HE old man shook his head. He had

not heard the name before. He went
on to explain how Edward Bradley had
drifted into Panama City several weeks
previously penniless and without friends.
The Apple Man had taken him in. Loung-
ing around, doing nothing for a while,
Bradley started going out quite often.
Finally he struck up an acquaintance with
someone about three weeks ago. For a
few days the Apple Man had not seen
him, then Bradley showed up, driving a
car and with plenty of money. The car
was a maroon Chevrolet sedan.

“He was bragging about how he had
been blowing the money in on women.
Said he spent nearly fifty dollars on one,”
the Apple Man informed Allen.

There was little doubt in the sheriff’s
mind that Edward Bradley was the mur-
derer and robber of A. E. Nall. When a
clerk was found who’ reported waiting
on Bradley not three days before and that
Bradley had paid for his purchases with
a $100 bill, Allen knew that he was after
the right man.

Asked later how long it had been since
he had seen Bradley, the Apple Man said,
“Three days. But he may have left town
by now.”

Repeated questioning of the old man
convinced officers that the aged peddler
did not know Bradley’s whereabouts.

It was possible, Allen thought, that
Bradley was still in town, especially as he
was supposed to be having such a good
time with some of his women friends. But
if he had left town the officers would have
to get on his trail quickly before it grew
cold.

Sheriff Hobbs organized squads of po-
licemen to canvass the town in search of
the killer or any trail he might have left.

It was late that afternoon when Sheriff
Allen and Deputy Hobbs, working west
of town toward the suburb of St. An-
drews, met a boy riding a bicycle who was
able to give them their first real clue to
the killer’s hideout.

Pointing up the road to a side lane 150
yards away, he said, “There’s a maroon
car covered with brush in there. It’s
right behind a little house. I saw it when
I was looking for our cow.” '

Leaving the highway, Allen and Hobbs

made a cautious reconnoiter through the
heavy growth of trees. Coming upon
the house, they worked around to its rear.
A man was bending over the engine of a
car which, as the boy had said, was prac-
tically covered with brush. It was a 1929
model maroon Chevrolet sedan.

No one else was in sight. The late
afternoon sun glinted upon the man’s gray
hair. He was wearing a faded blue
jumper. Still at work, he was completely
oblivious of their quiet approach.

“You take the right side, Steadman,”
Allen whispered.

Rushing into the clearing they grabbed
the suspect and held his arms until hand-
cuffs were placed on his wrists. Allen
found his face close to the killer’s. A cold
calculating fury colored the man’s fea-
tures, making even more livid the pitted
scar on the right side of his nose. Then,
his mouth drooping at either corner, he
‘smiled faintly and submitted without fur-
ther struggle.

Allen peered into the back seat of the
car and found a short-handled spade.
Brandishing it in his hand to test its
weight, he remarked quietly to Hobbs,
“This is the death weapon.”

Inside the shack, in the pockets of a
pair of trousers hanging on the wall, he
found another of Nall’s fateful $100 bills.
There was also additional cash amounting
to $46.25. A bill of sale receipt, made
out to A. E. Nall for the purchase of
the car outside for which he had paid
$150, was found in another pocket. Check-
ing the itemized list provided by Mrs.
Nall, Allen found most of the articles the
slain man had with him when he left
home.

When Sheriff Allen told Bradley that,

he was being taken back to Santa Rosa
county for the murder of A. E. Nall, the
killer invented the alibi that Nall had left
the car with him for a few days and was
coming back for it.

At the coroner’s inquest the next day
the prisoner remained stoically silent
while evidence mounted against him. But
when Sheriff Allen and State’s Attorney
Dixie Beggs led him back to his cell in the
jail atop the courthouse, Bradley began
to crack. Finally he said he wanted to
tell the whole story.

On Wednesday night, Sept. 18, Bradley
told them, he and Nall had gotten into an
argument while cooking supper. Nall
threw hot grease at him and they started
fighting. Trying to defend himself, he
had grabbed up the spade to ward off the
the and accidentally hit Nall and killed

im.

Bradley signed the confession.

After they left the cell, Allen told
Beggs, “Bradley lied. They weren't even
close to the camp when Nall was killed,
and one accidental blow didn’t kill him.”

When Edward Bradley came to trial
Jan. 31, 1936, he retracted his confession.
But the evidence against him pointed
toward cold-blooded and premeditated
murder.

On Feb. 1, 1936, the jury returned a
verdict of guilty of first degree murder
against Bradley. Circuit Judge L. L.
Fabisinski sentenced him to pay the su-
preme penalty in the electric chair.

Bradley, a derelict of the lowest order,
bragged to fellow prisoners of having
committed two similar crimes.

Bradley did not forsake his hardened
ways at the time of death. On June 29,
1936, he was strapped into the electric
chair, There was a sneer on his lips as
the current coursed through his body.
Moments later he was dead.

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Six

HE MEN GATHERED in the sheriff’s office in

Milton, Florida, had been talking about murder
and a man’s chances of committing such a crime and
getting away with it. One of them argued that too
many murders go unsolved.

“There’s a lot of truth in what you say,” another
member of the group admitted, “but most of those
unsolved cases take place in large cities like New
York and Chicago. It’s next to impossible to kill
anybody in a small place like this and get away
with it.”

Another man laughed and said, ‘Well, we don’t
have to worry too much about such things anyway.”

Nobody said anything for a while. Finally one of
the deputies spoke up. ‘“‘That’s right,” he said, “but
we had a real puzzler right here in Santa Rosa

The killer believed the victim
(above) would never be found in
the sandy grave he dug for him

a ae,

County once. Anybody who was living around here
in 1935 remembers all about it. Joe Allen was
sheriff then. He had his hands full with that one,
too. The cards were stacked in the killer’s favor
because the murder took place in an isolated spot
on the beach and the dead man was buried in the
sand. The guy who did it had every right to believe
the corpse would never be found.”

It all began on a Sunday morning, September
29th, with a call made to Sheriff Allen by Sheriff
H. E. Gandy of Escambia County.

“A man just telephoned from a gas station out on
the Gulf States Coastal Highway to tell me there’s
a dead man buried in the sand on the beach about
four miles east of Pensacola,” Gandy told Allen.
“His family was picnicking out there and his little

«PAM aN aS tN a ih Pie ere I REN, é

and placed them in the tub. Cops found
two blouses, two pairs of jeans, a fur
coat, a jacket and two pairs of platform
shoes.

Most intriguing to Detective Beck
and Crowe were the findings of the
medical examiner: both slain young
women had been bitten several times
by their maniacal killer. The possible
tie-in with the Helen Sikes case pre-
sented itself to the two investigators.

They were even more intrigued when
they discovered that the room where

the macabre slayings occurred had ©

been rented the previous Thursday toa
“man from New Jersey.” Detectives
Beck and Crowe hopped on the case.
When questioned, employees of the
motel gave a description of the sus-
pected slayer that matched that of
Barry Weisberg.

But of more importance to their own
case was the finding of the dentist—by
now located— who had capped Weis-
berg’s teeth. The sleuths were able to
get casts of the cab driver’s bite before
the caps were installed, and compara-
tive studies were made with the casts of
the bite wounds found on the body of
Helen Sikes. we

By now the two women murdered in
mid-Manhattan were identified as
prostitutes, and this further convinced
the investigators to keep close watch
on Barry Weisberg.

Word on the bite marks on Helen
came back from forensic. On thé basis
of it, the detectives moved in.

On Friday January 4, 1980, almost a

year after Helen Sikes had been found
slain and mutilated, investigators
closed in on Weisberg and arrested him
as he was eating breakfast at 8:45 a.m.
in a diner in Astoria, Queens. The
meek-mannered hackie offered no re-
sistence to the arresting officers.

Weisberg was booked on Helen’s:

murder and on January 10th a Queens
grand jury indicted him in the crime..
Four days later, State Supreme Court
Justice Bernard Dubin set bail at
$500,000 in the dismemberment kil-
ling. Weisberg, by now 41, an employee
of a Queens Medallion taxi company,
was remanded to the Queens house of
Detention to await trial.

According to investigators, Weisberg
had asked Helen to accompany him toa
motel after dropping off Helen’s friend
on the previous January morning.
Helen agreed. It was obvious to the in-
vestigators, as it had been to Helen’s

friend, that the cabbie had fallen in

love with Miss Sikes. Their love-
making sessions took on enormous im-
portance to the hackie, it was related.

Helen, on the other hand, considered
Barry just a nice guy whom she could
handle and she found the regular rides
to Queens when she finished work
a great advantage to her, detectives
learned. Weisberg, according to ac-

counts, had urged Helen to quit the
prostitution racket. “He wanted her to
leave the streets for him,” one detective
explained. ;

In the pre-dawn hours at the Queens
motel, while the couple was making
love, the frustrated cabbie allegedly
began. stabbing the bubbly young
hooker who fascinated him and she was
knifed a number of times as she lay in
her own blood on the motel bed, it was
charged. She was bitten in rage.

Helen’s legs were sawed off above the
knees. And, somehow, her ‘killer got,
the body down the stairs unnoticed into
the car and dumped it in the empty lot
near LaGuardia Airport.

An attempt had been made to clean
up the room, but this was clearly im-
possible. Blood was everywhere. —

Neither the knife used to snuff out
the life of Helen Sikes nor the fine-
toothed saw that amputated her legs
were ever found by the investigators.

At this moment, Weisberg, unable to
raise the half million bail money, sits
in Rikers Island prison awaiting a trial
date.

While the Manhattan homicide men
have not solved the twin murders of the
young hookers in ‘that borough, and
Deputy Chief Richard Nicastro—who
heads that probe—has expressed an
interest in Weisberg, the Jersey City
man does not appear to be implicated in
that crime, sources said.

Nor is there any evidence tying him
in to the murders of the prostitutes in
Brooklyn and Manhattan’s Lower East
Side. ®

Then Murdered

years but had introduced him to Rudy
just the day before. Merino had been
living in Fort Lauderdale since he got
out of jail. He had telephoned. Rudy’s
brother early Monday morning,
January 7, to set up a meeting at a
Miami Springs motel.

There Merino told Rudy’s brother
that he was working as an undercover
informant for DEA and.that it was
“almost like having a license to deal
drugs.” He wanted to let Rudy’s brother
in en a narcotics transaction about to
come off. He was in contact, he said,
with some -Fort Lauderdale people
named. Sally, Bo and Paul or Paulie,
who were heavy dealers.

But Rudy’s brother was upset by the
DEA connection and refused to be lured
by promises of “lots of money.” The two
men did not quarrel, however, and

Merino and his seven-year-old son ac- ,

companied the brother to Rudy’s home
in Hialeah.-The'brother left there
about an hour later, thinking that
Merino and his son’ were also about to
go home. . Ske ie

continued from page 45

and said he had been by Rudy’s house
and found the lights on and the door
unlocked, which was unusual.

About 10 a.m. the next morning,
Tuesday, January 8, Rudy’s son tele-
phoned to say that Scott Bennett’s car
had been found set afire. He wanted to
know where his father was. Rudy’s
brother had been frantically phoning
everywhere ever since the call came

~ from the friend who said he found
Rudy’s door unlocked. Police finally
confirmed the brother’s fears. He told
police that Bennett had approximately
$5,000 and Rudy about $16,000 on the
day before the murder.

Detectives now had two good leads:
the names Bo, Sally, and Paulie, and an
address on NE 34 Avenue in Fort
Lauderdale, a lavish $1,600 a month
spread in a posh neighborhood.

Callenberger accompanied by Det.
June Fernandez, headed for Fort
Lauderdale shortly before midnight.
Callenberger was now on almost two
duty shifts. :

At the luxury home, the two inves-

That afternoon, Monday, January 7,‘ tigators found only three women and a

when the brother tried to contact Rudy
again, he learned that Merino, Ben-
nett, Hernandez, and Rudy had struck
an agreement for a drug deal. He was so
upset he telephoned Merino’s wife at
Bo’s residence, in Fort Lauderdale. She
claimed to know nothing. Rudy’s
_ brother threatened that if Rudy was
not home by 5 p.m., he was going to call
the police. siya ne
Before that deadline, however, a
friend called to say that he'had:heard
from Rudy,.who was in: Pompano
Beach. Later, the brother reached
Rudy:by phone at home and asked him
to bring him $300. After Rudy came by
with the money, the brother went to
sleep. > ae ee sh

~ Some time later’during the night

_ another friend called, looking

“4

‘for Rudy, .

small boy. One of the women and the
boy were Merino’s wife and son, also
Colombians. One of the other girls
turned out to be Sally who said she was
Bo’s girl friend. Bo, she explained, was
‘Alexander Solo, who, according to the
girl, was a partner in a concern that
_rented trained animals to TV-and the.
Movies. : ;
Callenberger further was told that
Bo had invited Merino to live at his
home ‘when he got out of jail, and
‘Merino, his wife, and son had moved in
_ on December 24, moved out on January
1, but moved back January 4 or 5.
Merino had left the house about 11 or
11:30 p.m. on January 7. The girls
z identified Rudy and Scott from photos
_as having been at Bo’s after dark
January 7, maybe between 7 and 9p.m.

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but his view v
vening tool si
see a part of
But he heard

Sgt. Steve
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Vloore, Det.
Gerald J.
rime scene
John Lur-
ts, Al Kap-
e site, and
ials.
1oticed the
> out from
unk. With
still in the
iside were
ther. One
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‘hed with
ody in the
he floor in
lurder.
me scraps
re tire im-
icle, quite
the Monte
pop bottle
n the path
was the
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had aban-
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v arrived
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close by.
there at
iding out

ito Scott
W 107th
nberger
use said
ide there

but did sometimes receive mail at that
address. At the present time, the owner
informed detectives, Bennett might be
located by inquiring at the Sun-Moon
Lake Apartments on N. Kendall Drive.

Dets. Callenberger and Moore tried
there, but the apartment manager was
not in. They left word for her to phone
PSD headquarters, which she did about
2 p.m. This provided the first link in an
intricate chain of evidence.

Scott Bennett was not himself a resi-
dent of the Sun-Moon Lake Apart-
ments, the manager said, but he did
frequently stay with two young women
who were tenants.

Callenberger and Moore called on
the young ladies who said they were
hometown friends of Bennett from
Rhode Island where the two girls and
the victim had grown up. Bennett’s
father, now a traveling machinery
salesman, had been a police officer in
Pawtucket.

Bennett was an all-state football
halfback at Tolman’ High School. But,
because of poor grades, he switched to
Moses Brown prep school in Providence
where he set New England records for
the 50 and the 300 yard dashes. He
enrolled in Pennsylvania’s Slippery

Rock College where he remained on
campus just long enough to win recog-
nition as a football punt-return star in
1974, Right after the football season,
he dropped out of school and went to
Florida. In 1976 he was readmitted to
Slippery Rock on the solemn promise to
the coach that he would attend classes
conscientiously and finish school.

That football season, Bennett set a
punt return record that still stanas:
102 yards. But when the season ended,
he broke his promise and dropped out
again. This ruined any chance for
readmittance to the college.

For a couple of years Bennett worked
for a restaurant in South Attleboro,
Mass. Then, in 1978, headed to South
Florida again. On a visit home at
Christmas, he admitted that he was
using cocaine and had become a dealer.
Warning that his life had been
threatened by “people who believed
him to be an informer,” Bennett re-
quested that if anything happened to
him, his body be cremated, because ‘he
“didn’t like waste.”

The two girls, who were students at
the- University of Miami, told detec-
tives that because he feared for his life,
Bennett carried a .38 at all times. They

-said he was an active drug dealer.

When the girls agreed to a search of
their apartment, detectives found
sophisticated druggist scales and a
leather purse containing small plastic
bags with a white powder residue. The
girls, who agreed to come down to
headquarters to give formal state-
ments, said that the bags, when all fil-
led, would hold a kilo of cocaine.
Meanwhile, the technical people had
spent an intensely busy four or five
hours. They lifted 73 latents from the
death car which they turned over to
George Hertel in the ID Section. They
took blood samples from inside and
outside the car, including smears on
the left door, in the rear below the
trunk, and the rear bumper, which
they turned over to PSD serologist
George Borghi. They collected eight
plastic evidence bags of nail scrapings,
animal and human hairs, and other
small bits carefully retrieved with a
vacuum, They also troweled up soil
specimens and impounded a milk jug,a
bleach container, a jerry jug similar to
those for pool chlorine, several oil cans
all containing flamables, and some
aerosol products. They also tagged a
light brown brush with white dog hair

The killers wanted to torch the mangled
corpses but something went wrong—and that was
the only break the probers had in the case
described as “the most heinous torture
slayings in Dade County’s history.”

Dt. Steve McElveen was lead investigator in case.

in it, a small four-bladed wood handle
knife which was in the glove compart-
ment, the tire-imprinted scraps of
cardboard and the crushed soda bottle.

On the floor by the victim in back
was a tan-striped pillow case. A beige
one was stuffed into the trunk with the
two gory corpses. Both contained
bloody clothing and the beige‘one had
an eight-inch knife with a broken tip, a
broken, blood-stained pool cue, and a
bloody glove. The knife might have

been heated and used to burn one of the -

victims.

Everything at the scene was photo-
graphed as it was found and as it was
removed.

Photographing continued at the
morgue after the bodies were removed
there; this time movies as well as stills
were taken. The. camera recorded the
gruesome sequence as a medical team
peeled off the blood-soaked wrappings.
Besides the oriental rug, the crushed
blue velvet spread, and the pink com-
fort, the gory packages were cocooned
in an Oleg Cassini spread, an orange
spread, a white flowered sheet, a white
and blue spread, a black-gold-white
sheet, a red sheet and sections of car-

peting. The outer covering of one corpse’

was a brown “bean bag” chair which

had been split open and emptied of
most of its stuffing. Still, as the doctors
slid the victim out from this wrapping}
a shower of white and orange “beans”
scattered across the morgue floor. A
technician scrambled to gather them
up and bag them for evidence.

All four victims were white males.
All had been bound, beaten, stabbed,
strangled, and one had also been shot.
Police cameras focused on the horror
show as doctors cut away the bindings:
twine, electric cord, gray duct tape, a
black and white tie, a maroon and
white tie, a blue tie, a brown tie, strips
of a white sheet with tulips and a piece
of macrame with ajlight switch.

-According' to Dr. Brown, the one who
had been shot in the head had also re-
ceived an equally fatal blunt trauma to
the skull. Another one had also died
from a blunt blow to the head. The
cause of death in the other two was stab
wounds to the chest.

Preliminary blood tests showed
three of the victims had been using
cocaine. This finding, together) with
Callenberger and Moore’s information

obtained from the two college girls and

the find at their apartment, tended to
confirm the detectives’ first hunch: the

Joseph T. Macker. Witness heard eerie noise in his house.

Immediately, the ID section began
checking prints in the narcotics file

_ with those taken from the four victims.

The first victim to be identified was
Scott Bennett. Identification of the
other victims was facilitated by a list of
his associates. By late afternoon; two
other victims were identified as
Rodolfo L. Ayan, 41, of Hialeah, and
Nicomedes Hernandez, Jr., 46, of
Miami.

Det. Izagguire accompanied Det.
Callenberger to the home of Hernandez’
parents who spoke no English. The
dead man’s father, who was prominent
and respected in the Cuban exile com-
munity, said his son had not resided
with him for more than a year. The
family was shocked and bewildered.

“We don’t have the slightest idea
who could have done this,” one family
member told reporters. “He didn’t have
any enemies. He made his living hon-

. estly” as an independent tow-truck

driver. Divorced, the murder victim

. had one son.

Izagguire also went with Callen-
berger to Hialeah where they talked
with Rudy Ayan’s brother, who also
was unable to offer any helpful infor-
mation.

quadruple murder ‘was drug‘related.. © About 10 p.m., however, another

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Bernard John Bolan

brother of Rudy’s telephoned police
headquarters to say that he did know
something that might aid-the investi-
gation and he would come down at
once. He identified the fourth victim
and, in a three hour interview with Sgt.
Jackson and Dets: McElveen and Izag-

guire, contributed sufficient pieces of

the puzzle.
The fourth victim, whom the brother

identified from morgue pictures, was,

John Merino, 29, of Fort Lauderdale.
Police were soon to learn he was a color-
ful character indeed and the key in
winding up the case. Colombian-born
Merino was a “Cocaine Cowboy,” a
wheeler-dealer in the multi-billion dol-
lar narcotic trade.

Recently, somewhat mysteriously,
and, according to Ayan’s brother, most
unethically, Merino was also an under-
cover informant for the U.S. Drug En:
forcement Administration (DEA) and
other law enforcement agencies. Fac-
ing federal narcotics charges in Balti-
more, Md. in the spring of 1979, Merino
agreed to work for DEA. Baltimore
agent Patrick O’Connor confirmed this
fact to reporters.

In July, 1979, Merino was arrested
on cocaine charges by Pompano Beach
police who told reporters Merino was

der’s fingerprints were found on death car._ Paul Thompson, judged insane by court prior to murders.

fake
x

suspected as a principal of three defen-
dants who were taken in custody dur-

‘ing a hand-to-hand sale of 1.5 pounds of
cocaine to an undercover narc. Several

police agencies were reported to have
contacted him while he was in jail. On
December 5, he withdrew a plea of in-
nocent and had been scheduled for sen-
tencing on January 25, |
“He hadn’t made any cases for us,”

Pompano Beach vice and narcotics Sgt. _

Kenneth Staab told reporters.

“In August, 1979, Merino ‘was in a
Dade County jail.on a U.S. Marshal’s
order to hold him as a witness “to tes-
tify in a case.” The Marshal’s Office
told reporters “there was no criminal
charge” against Merino, but refused to
elaborate.

According to court records, during
that same: month, Merino pleaded
guilty to one count of a multiple-count

indictment, but had not been sentenced '

in that case at the time of his murder.
After Merino was identified as one of
the four corpses in the burning Monte
Carlo, Dade Homicide Commander
Frank Marshall, in reply to questions
from the media, said his men were
“looking into” the possibility that all
the victims may have been informant.
for various police agencies. ;

“Some of these guys may have been
information sources to certain law en-
forcement people. We’re exploring the
possibility of all of them being known
by other law enforcement agencies,”
Marshall said.

George Brosan, Agent in Charge at
the Baltimore DEA, told reporters that
Rodolfo Ayan was also “known to our
office. We have heard the name before.”
But Brosan refused comment further

,on this or on any cases in which Merino

may have been providing information.
DEA agents, however, did disclose to
reporters that Merino’s brother Billy,’
now believed to be at the family home
in Barranquilla, Colombia, was a fugi-
tive in a 1974 case. According to DEA,
Billy Merino was aboard a Cessna 210
Centurion loaded with cocaine when,
presumably, he discovered a bugging-
tracking device aboard. He escaped ar-
rest by landing in the Bahamas. The
load was subsequently seized in Miami
and four other were men arrested.
Reportedly John Merino phoned Col-
ombia from Florida at Christmas time
and told his family everything was
“fine, with no problems.”
Rudy Ayan’s brother told detectives
that he had known Merino about two
(Continued on Page 66)

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‘had the

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they
iot
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scape tne

electric chair just seventy-two hours
before this trial began.”

However, on Friday, April 25th, the
jury found Bolender guilty of four
counts of first degree murder and also
of the kidnaping and armed robbery of
each of the victims. Judge Fuller im-
mediately sentenced him to die four
times in the Florida electric chair and
also assessed eight concurrent life
terms in prison for the lesser charges.
The imposition of consecutive death
sentences, it was noted, theoretically
would render impossible a higher
court’s reversal of any one sentence
nullifying another.

Testifying before a United States se-
nate panel in Washington, D.C., on
Monday, May 5th, Marshall Frank said
that narcotics smugglers in southern
Florida were killing people at the rate
of nearly two a week.

“These trends not only continue,
but are spiraling at an alarming’ rate,”
he said, pointing out that there were 22
drug-related deaths in Dade County in
the first three months of 1980, “several
involving Colombian organized crime
suspects. What is particularly
frightening is the rampant and savage
nature of these crimes.”

The violence began spreading about
two years earlier, he said, when Col-
ombian crime syndicates apparently
set out to seize control of narcotics
smuggling in south Florida. Thomas
Clifford, a DEA supervisor in Miami,
said that his department had identified
eight Colombian syndicate families
which it considered major figures in the
south Florida drug trade. He gave the
committee a sealed report naming
those involved in the syndicates, but
refused to make the information pub-
lic.

Clifford said that the DEA wanted
legislation which would allow federal
prosecution of suspected smugglers ap-
prehended on the high seas. and also
appealed for an end to restrictions that
discouraged the Internal Revenue Ser-
vice from undertaking tax investiga-
tions of suspected crime organization
members and from sharing informa-
tion with the drug agency and other
federal and local investigators.

Miami Police Captain Kelly England
told the committee that, “The greater
Miami area is experienceing an era
that parallels the Prohibition days of
the Roaring Twenties. As a result of the
widespread violence that has been gen-
erated from the enormous amount of
narcotic trafficking in the Miami area,
the past decade has earned the infam-
ous title of the Roaring Seventies by
the law enforcement community.”

He added that the viciouosness of the
slayings had discouraged eyewitnesses
and others from cooperating with in-
vestigators and testifying against the
smuggling rings. ne

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“Something had changed,’ his
former roommate said. “He wasn’t as
outgoing. It was like he was half asleep
on his feet. He was the same person and
he had the same smile, but not the life.
It was like it was wearing him out
now.”

Less than two weeks before his death
at the age of 25, Scott Bennett signed
the lease on an expensive Miami town-
house. The night before he died, he
told his girlfriend that he was going to
visit Rodolfo Ayan. Shortly before
midnight, he phoned his apartment to
let his girlfriend know that he was in
Fort Lauderdale and would be coming
home soon. The next time he was seen
he was trussed up in the smoldering
ruins of his 1975 Chevrolet with three
other corpses.

“He once told me he could never be
killed,” a friend would recall, “because
he was too fast. He could run away.”

Fort Lauderdale, the homicide pro-
bers knew, was where John Merino
made his home in a posh, $1,600-a-
month rented home on the 4000 block
of NE Thirty-Fourth Avenue with one
Bernard John Bolender, who was on
federal and state probation following
his conviction on a number of narcotics
offenses. On Sunday, January 13th,
Metro detectives paid a visit to Fort
Lauderdale and took Bolender into cus-
tody on four counts of first degree mur-
der and armed robbery.

Later in the day, the homicide inves-
tigators arrested a second suspect in
the case, 42-year-old Joseph T. Macker,
a former bail bondsman whose own
police rap sheet boasted a series of of-
fenses going all the way back to 1957.
When they visited Macker’s home on
the 17800 block of Northeast Sixth Av-
enue in North Dade County, they were
amazed to find a number of confidential
United States Drug Enforcement Ad-
ministration surveillance reports lying
around. Just as interesting to the de-
tectives were some blankets and other
bedding which apparently matched
those found in the smoldering car on
the expressway. These, too, were pac-
kaged as evidence and confiscated.

Like Bolender, Macker was hit with
four counts of murder and armed rob-
bery. Later in the day, Metro police an-
nounced that they were hunting a third
suspect, identified as 33-year-old Paul
Thompson of Miramar.

When they announced the arrests
that afternoon, Metro homicide probers
revealed that the slayings were be-
lieved to have taken place at Joseph
Macker’s home, which was about two
miles from the expressway ramp where
the bodies were found. Detectives said
that all four victims had been bound
hand and foot before they were beaten
with a baseball bat and stabbed and
tortured for more than three hours be-
fore they died. Nicomedes Hernandez

had been shot as well. The motive for
the bloodbath evidently had been a
cocaine deal set up by Merino that had
gone sour.

“J don’t have any comment on this
point, pending further information,”
DEA spokesman Cornelius Dougherty
told news-hungry reporters.

Other investigators pointed out that
Macker and Bolender were believed to
have been friends. At the time of the
slayings, Macker was free on appeal
bond following his sentencing to a
four-year prison term in 1978 for sel-

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ling cocaine to undercover DEA agents.

“From what we’ve been able to
learn,” the detective said, “Merino met
the other three victims for the first
time just a few hours before they all
died. They were trying to put together
some kind of a deal to sell Macker more
than $50,000 worth of coke.”

On Monday, January 14th, Scott
Bennett, who once had told family
members that if anything happened to
him he should be cremated, because he
“didn’t like wakes,” had his wishes re-
spected at a Miami mortuary. Later,
his ashes were returned to Rhode Is-
land for Roman Catholic services.

Exactly three months later, on Mon-
day, April 14th, Joseph Macker, who
faced the death penalty for his alleged
role in the four slayings, was allowed to
plead guilty to reduced charges of
second-degree murder. As part of the
plea-bargaining arrangement, Macker
agreed to testify against his co-
defendants and told Circuit Court
Judge Richard Fuller that he would
take a lie detector test to verify his

claims about the role he had played in
the crimes.

Judge Fuller told Macker that if, in
fact, he was telling the truth and kept
his promise to testify against the
others, he would be sentenced to 12
concurrent life terms, plus another
concurrent 35-year term for possession
of cocaine, thus making him im-
mediately eligible for parole. If, how-
ever, the polygraph examination indi-
cated that he was lying, the jurist said,
or if he reneged on his agreement to
testify for the state, “the deal is off. You
understand,” Judge Fuller said, “that if
the polygraph doesn’t substantiate
your story, this court will proceed on
the current charges—first-degree
murder,” charges which carried the
death penalty.

Two other conditions were made part
of the deal—that Macker agree to a
police search of his North Miami home,
where the slayings allegedly took
place, and that he make “an earnest
effort” to help investigators locate and
subpoena as witnesses his wife, a boar-
der at their home, seven other persons
sought by the state, and “two prosti-
tutes who accompanied Paul
Thompson to the Macker home” after
the murders.

Thompson recently had been de-
clared mentally incompetent to stand
trial and had been incarcerated in a
hospital. Prosecutors were eager to go
ahead with the trail for the third de-
fendant, Bernard Bolender.

When Bolender went on trial three
days later, Assistant State Attorney
Abe Laeser told the 11-woman, one-
man jury that for several hours during
the early morning of January 8th, the
defendant beat the four bound victims
with a small bat and a weighted pool
cue, slashed and stabbed them with
knives and strangled them with heavy
twine. The inhuman attack, he said,
“came in a fit of fury because the four
men had promised a 20-kilo supply of
cocaine, but were able to produce only
one kilo.”

After the assault, the four men, some
dead, others dying, were loaded into
Bennett’s car, which was doused with

gasoline and left burning off the In- |

terstate 95 ramp in the pre-dawn
hours.

The day after the slayings, Pros.
Laeser went on, Bolender called the
widow of John Merino and offered to
pay for the funeral expenses and cre-
mation of his former roommate. And,
the prosecutor said, Bolender “had the
gall to ask if she wanted him done regu-
lar or crispy.”

Defense attorney countered by
claiming that the slayings were com-
mitted by Joseph Macker, who, they
said, was the instigator of the plot.

“Macker,” he said, “made his deal to
testify against Bolender and escape the

| a

elect!
before
How
jury
counts
of the
each
mediat:
times
also
terms
The in
senten
would
court
nullify
Test
nate |
Mond
that I
Florid
of nea
“The
but are
he sai
drug
the firs
involy
suspé
frighté
nature
Th
two \
ombia
set «
smugs
Cliffor
said tt
eight
which

south !

prosecu'
prehen
appeal:
discou
vice fy
tions ¢
membe
tion wi
federa
Mia:
told th
Mian
that p
the Ro
widesp:
erated
narcot
the past
ous tit
the le
He
slaying
and ot!
vestiga!
smugg!

LL, GALL BOUT OFF
NLESS CONSULTED IN
HLoSING OF REFEREE

ack Kearns, Dempsey’s Man-

ager, Flatly, Denies Right Of
Bi. : 5 bey A eh <a ae

Jersey ‘To Name Man

black, hanged Gainesville,

BURN NEGRO AT STAKE
FOR MURDER OF GIRE

ere Re

‘ANTS HONESTY ASSURED
ed Of Crime, Confésses Deed

3 Willing Te’ Draw Lots With peSSe
_. .And Is.Lyached

~ Descampas, But insists On
Having Voice In Matter
(By Associated Press)
Atlantic City, N. J., Tune 18—Jack
Jack Dempsey,
vall off | the

with Coorred

7
ome nee et a

Moultrie, Ga. Tune i8——John Henry
Williams, negro slayey of Lorena
Wilkes, 12-year-old white girl, was
burend at the atake today by a mob
vafter he had been convicted of first

qarns, manager of
might threatened to
match

BBM pPronrsAp dewree trurder afd setitepced ta hes
| . ~~ sae as ("lias Tealer 79} a —— .
arpentier. at Jersey CaP yo this’ es deegrrcrerad Tuly 3 Thue oriaaner wat take

> si . at } 5 8 + ass oe “ 7
niher than syomit to the divection ato,
| sR
+ 4 a * . : -
sy atta etter gery © aby sti deh , ‘ &
es New Jersey Boxing silalali '' osgeosted fram tite ‘ourt over and
t s ‘ ‘ q j P
474% Pitck PHT OYRse | : | Ray yy ; a ¢ . 4 Lee .
er the reterée situation. Dow rushed ta the scene af Ala orime
te % . * e «
wt. » tagleased ha had na obiac . s ae re * 4
Thi » declared he had na objec. where he owas bred fa the sfttirng of 3
H fe _ oe Iealde ; :
on ; the seleetion of uo reterce halid-
oat ? fee.
AT, lope er hot that hea’
Vaeay @gocrkey fieonae, O41 Vibste 110 warty: : } “1 , -
Sew GOrRay Heer » OUT Tae I Williams cabniy smoked a ciparetty

errs

uid insist on faving a voice Mm the i atch was applied to the fuel
a“ 4

‘arvund him and made bat hilth: out
; 8S ory as the flames slowly burned him

empsey box if fey insist on MUMING 4 gaan, It was reported that he

ne referee,” Kéarna declared. ‘made a ‘full confession.

Members of the New Jersey Boxing The mob quietly, dispeysed after the

om mission arrived here tomght OF enching ariel thus far no arrests have

‘ Pe) * 4 Reed hae ee we ve oe pee ee Live as dence
~ atl i Wy SAR oF sits oe ot] ’
eNtaviously lo WILMEAH svi mes doen made.
Williams, who at hia trial denied

outs, but it is; probable “they will
his quilt, ia alleged to have made a

i
will absolgteiy refuse to Jet

aa’ easl
& ory

t
i? ‘ EP . 7 TF « t
ave « conferenge with Kearos, Rob.

rt Edgren, arbiter-of all disputes n- FilNand detailed confession to mem-
giving the two boxers, and Tex Rick- hora of the mob, even telling how the
rd, the promoter. Ps. Ieirl begged him to spare. her lite.

- Cofimissioner: Lyons sald a Jersey | “tt was when he saw the girl pasa
xan would referee or there would be 15. house on her way to a store ‘at
a fight. ar; | Autreyville that he planned the crime,
“If the Jersey. people insist on : he is said to have declared. He cut
erscy referce, Sage with me)" her throat, with a knife and then sdeag-

Florida, Feb. 24, 1922,

DEPUTY IS WOUNDED
BY MICANOPY NEGRO
POSSE MAKING HUNT

a |

Robert E. Arnow Shot. By Black
He Was Attempting To Arrest

anopy; Brought

7 Colquitt County Black, Conyict-.

/
f

a me os +} 6428 3,5 age %, roe e , eee | ‘ t 3 tr. ‘

Yuri the aificers aa de Was FEIN fh by John Sowyer

Doctor’s Care

SIO AB

NEGRO TRAPPED IN SWAMP

: . ) | |Searchers Believe They Have.
(By Associated Press) | Surrounded Officer's Assailant

' Near Scene Of Crime; Expect

- To Have Him This Moraing

Deputy Sherif Robert FE.
Arnow was shot and seriously
néded at Mheanopy last night
, a Aegro, whom

epty

37
i?
Se kee

hes was attempting to arrest for
Carrying weapolis. He wad
hreught to Gainesville on the
‘arty morning train for medica.
attention |

, posse af nall a aunadred
Licanopy men, augmented oy

‘apal from Gainesville, have

trapped the negro in a awamp
sear the scene of the crime, they
believe, and are waiting for sun-
rise before closing in on him,
@ The shooting occurred on the
Hasehall diamond, south of the
Micanopy school, at about 9:30.
Deputy Sheriff Arnow, accord-
ing to Chief of Police’ Gladney,
who was with him when he. was
‘shot, asked the negro if he-were
‘carrying a gun. He had hardly
‘spoken, Chief Gladney said, be-
‘fore the black fired and ran, es-
lcaping into. nearby’: brush and

ccarns said. “fam willing to take od her body into’a shallow pond and}eluding pursuit.

ny Jersey referee -but Tam not ge Voichted it down with water-soaked
ig to’ de dictated to as to which ON@ toes, according to hin alleged confea
two Oe es ae ' son. oe
“tre a million dollar astet 10 phe negro waded aut inte the pand
Jempsey. T am not going Ho stick ng showed mob members where he
im into tha ring on July “@. with jag nid the body. E> appeared little
‘arpentio: unleis aaured the referee aiurbed, The mob atoad quietly on
unpesjudieed, will let the men Night ,, banka and listened toa his stort

bat
with te

4
capalte.

4 7
4if Cre wee ined a A LAERIES GAEL mR CR OI

Karly this morning a section
iof the searching party, near

{Gainesville attempting to get

i bloodhounds. to aid them in tha
jhunt, brought the report that
jseveral ahota were fired at
‘Bowyer by members of the

; 4 . »
poare, but that he had manage:
a } <A" +4 173 ? . pleas eePirore

On Baseball Diamond At Mic-
Here For.

Fu.

WILLE

it ROR ee

Vs
Gy ee Le Ra ee ee ad

TASS

Gil Daicey Sur, Gaines

BOWYER, John, black, hanged at Gainesville, Fla., 2-2)-1922,

"JOHN BOWYER EXECUTED FOR ARNOWMURDER: GOES TO DEATH FOR CRIMR COMMITTED
LASTJUNE: SAYS BAD WOMEN, WHISKY AND NEGLECT OF CHURCH CAUSEDHIS DOWN-
FALL: For the unprovoked and wanton murder of Yeputy Sheriff Robert

BE. Arnow of Micanopy last June, John Bowyer, colored, aged 23, was

executed “riday noon in the Alachua county jail yard in this city.
Sheriff Kemsey, whose unpleasant duty it was to carry out the mandate
of the court, conducted the execution with precision and in the most
orderly and dignified manner. He was ably assisted by Chief Deputy
Dunning and others, and not a single untoward incident marred the
execution, At about 9:30 a.m., after Bowyer had been served an exce-
llsant breakfast, some of his colored friends were admitted to the
corridor on which his cell faced, and from that time until the condemned
men was led out for execution, he joined with his visitors in singing
spiritusl songs, these being occasionally suspended for exhortations
and prayers. Later the prisoner's spniritusl adviser visited him and
administered religious comfort. In the me ntime the death apparatus
was carefully tested, and was found to be in perfect working order,
Ste11:0 Sheriff Ramsey led out the prisoner, who was smoking his last
cigar and appeared calm and unmoved. He was dressed in a neat blue
suit, and was handcuffed, As he reached the jail steps he paused and
said a few words to the assembled witnesses, and wes then conducted to
the gallows, erected a few feet to thesouth of the jail entrance,
He mounted the gallows ladder without hesitation, and it was not until
his pastor began his prayer that he began to show signs of nervousness
and agitation. A songwas sung, scripture was resd and a fervent prayer
offered by the pastor who then bade the prisoner good bye and descended
from the platform, The condemned man bhena addresskd the witnesses,
saying that whisky and bad women , and neglect of the church and
Sunday school, had brought him to the gallows. He made no plea in
extenuation of his crime, but declared he had made his peace with God,
Sheriff “amsey then read the death warrant. As he began the reading
the prisoner showed extreme agitation and swayed unsteadily while the
warrant was being read and his limbs were stranped, but when he spoke
his voice did not tremble. As the noose was placed about his neck he
implored the sheriff to pull it ticht, and then, his face hidden by
the black cap, called to the witnesses to meet him in 'that land of
rest.’ The trap was sprung bv the sheriff at 12:11 p.m., and twelve
minutes later the physicians pronounced the culprit déad, The body
was immediately turned over to undertakers for burial, It was on
Saturday night, of June 18, 1921, st Micanopy, that Bowyer fatally shot
Deputy Sheriff Arnow. Bowyer was known as a bad man, and the denuty
sheriff, in company with Chief of Police Gladney, of Micanopy, finding
Bowyer on the village baseball diamond at 9:30 p.m., asked him for his
gun. Instead of complying with the deputy's demamds, Bowyer pulled
the gun and shot four times at the deputy, one shot taking effect K¥in
the victim's neck, Bowyer madd his escape into the bush and was not
captured until séveral months later. Deputy Arnow was brought to the
Williams hospital here, but efforts to save his life were unavailing
and he died the following Monday, June 20, at 10 a.m," |
Gainesville SUN, Gainesville, Florida, February 25, 1922 (3:1/2.)

PHONE ‘LEASE WIRE SERVICE | UP TO 1300 ) AL aM.

JRIDA, WEDNESE

DAY, TORE =

1991

FOUR WEEKS &9 CENTS

- OMPERS ENDS DEBATE!
A. b OFL MEETING

Ger - F ight: ‘Reaches. Climax
When President. Adjourns
Session Till Today

OULD RECOGNIZE NATION:

onasal Also Included To Roy-'

a a
od

tt British Made Goods Till
Aititude Changes

“4 4
397 (ist

nver,

- 2° a 2 9
eek Ed rene gyar tye rrpsip oe’

ROC piace
itsan tha
a *. |
iQAnoP Gt

at
“sh

‘
aad laurnerd
"x

HO YTOW,

rye
Th

oT
ie

e debata started when ssc
tions commiltea reported a substi-
ate dor the four resolutions

uced by Trish syrapataizers.

Yi j

sbatitute ignered the effart to initi-:

ra a boycott ayainst the British
canufatturers and imports.

The committee’s report disposed of:
he Trish question by asking, the con-
vation to re-examine its ‘sympathy
oy the. Irish cauae hy urging recoge
dition of the Irish, Republic and by
wging trial and punishment for:
iritish army men guilty of atrocities:
lrédand,
No souner laad the
ort been reud, when Cornelius Foley, |

" N ARISH RESOLUTIONS!

intry-

CRAFT ‘TO JACKSONV ILLE

(By. Associated Breas) «: |
. Jacksonville, June 1-—~Advieds were!

reecived here today / fi officials - aoe
ithe 7th Naval’ District headqu rtees:
rat Key Went that a fleet of: subnia-|
Lrines and dedtrd yers Would “be sent|
Kere to take part‘in the celebration |
July 1 1-3 in honor of the opening = of,

[the bridge across the St. Johns + rider.

Local officials -in charge of the:
ithree- lay carnival program. are al¥a:
asking additional naval eraft trot
iChayteston, S.C, Bspectal foxt;
lie ecting nine fo aye dgme CPuLae SS:
tale tart im the naval dispiays.
Governors of the states of Plorida,:
South Carolina and Cuorgia ara adh
pected to ba in attendance.

“HAN MAPLANE BURNS

Aus

ik
an

5 BOMBING
DRILLS

(Dy Associated
Nowport News, Va., June e Pre
omature release ef two bor sobs carried |
the piant NC-7 when she left the!
naval base this morning on a test!
flight saved the livea of i2 navai of-|
fcers and men aboard when the ship
leaught on fire and was destroyed af |
lier a forced landing off Pinnors Point!
'y Hampton Roads. H

Almost as soon as the NC-7 ouched!
| water, burning gasoline spread over;

Pre

hiv
.

lates! a res ‘the waves, menacing the lives of the)?

men who had. leaped overboard ta:

Arnow,

“FOUR NEGROES HELD
IN UNKNOWN PRISON
FOR FEAR. OF MOBS

Chance Of V folence At Micanopy
Causes Quartetie To Be
Spirited Of,

~
MAY INFORM ON BOWYER

Authorities Think Sherman Mar-

tin Miay Shed Light On
Negros Leeation

‘at af mao violence caused
tiie removal ain tha Micanony
jail last night of Sherman Martin,
fanie Robinson and two other
vror3 Held ad pe2s te informe
ants % z the whereabouts
§ Joan Bowyer, negro, she shot
and fatally wounded Deputy
Sherif Robert Arnow Satur-
ay night. Whee the negroes

andot be ascertained,

“Jt is reperfed that no clies a3
to the whereasouts of Bawyer
have been uncevered. Ali was re-
ported in Micanony tIsast
night, sand probabtity of a
“necktie party” for Martin has
blown over, ;

Further ateps the search for
John Bowver, who Saturdgy nigh:
-shot and killed Depaty Sheriff, R, E.
have resulted in the arres:
f four negroes, Sherman Martin, Jar-
Robinson, and two ethers, Another
Jim Robinson was questioned

‘
were TEReR ¢

quiet

t
+1,
tne

ayy
eae

‘40

legate. from the barbera’ union, togk | save themaelvedt A radio opera rator, heer

ne fleor and read a: telegram from} WAS overcome by the fumes by:
darey Boland, secretary to Eamonn) ‘further risk of thelr ow

DeValora, “president of the Irish Re- companions tovk hia unee eat hody |
ublic,” whieh said: in low und awam teyond the dangad:

vat the / Wut is pot in jail, Robinson told a

“he crowd af men, wha ‘wete Joaking for
‘Bowyer that he waa preaent. when
the shooting ovcurred but had not bad

ete an

ateats r ; a LAR tRing | ig sta wit ok Vie paki that
saraty { "7 ‘ merican, ra | Tre, se Nee career gr ig Boa
Che cpganizatinn (the A oo — a suthinis b>
; , . f Fautievt trvcdengd com ran "YY y 4ne Geitiarea. which had Baw yan bad bo: vee si laine J ‘

Wissive ted 14d d'4 ) tet i SM SUA. we rg ee eas ee okt steht we
/ aR fatally wounded Deputy
: DRE 1S Sherif Robert Arse Satur-
paca ' day night. Where che . negroes
| Were taken cannot be ascertained,
(By As sociated | Press) Tg-is reported that no clues as
ort News, Va. June 2’—Pre-' to the whereabouts of Bowyer
release of two hortbs carried! have been uncovered, All was re
siant NC-7 when she left the, ported quiet in Micanopy lasts
ase this morning on a test! night, and the probabiliiy of a ¥
wed the lives-of i2 naval of-; “necktie party” for Martin hag
fd men aboard\when the ship! blown over,

om fire and was Yestroyed af- Jee :
eced landing’ Pingers Point| {Further steps in the search for

ton Roads: John: Bowyer, ‘who Saturday night
fas soon ag the NC-7 t¢ uched | hot and killed Deputy Sherif fh,
vurning g gasoline spread: over; Arnow, have. resulted in the arres!
Ss, men ing the lives of the | of four neroes, Sherman Martin, Jan.
who leaped overboard to de Robinson, and two others. Another
vmselvé. A radio operator] Negro Jim Robinson swas- questioned
come by the fumes but: at the {but is notin. jail. Robinson teld a
“isk of their own. lives’ his |CTOWS of mtn, who were looking fox.

ns took his unconscious body | Bo wyer that he was present when
ms

es
\w

Oe he Qeey ee Ne Sate ey ee ee

bha-shaantin sey : & bey 3
nd swam ‘beyond ‘the. danger, the shooting oceurréd but had not had
’ .

i 4 a. 7k df] ct. nx}
fit anything (0 do with it He gaid thas
4 4 mcd RE geyyeesatan > ty
my tug B Brittania, which hs A Bow yer had: ot revealed anything a

cing t to the scene ag soon et him , beecauze Eowyer was suspicious
»parent that the NC-7 was /0 im past d

‘ced down, hauled all 12 of; yesterday tne pesse was hurning the

out of the water.’ E. J. Ap-, Woods around the place of Sherman

loye of the army! Martin, who is said to harbor all of the-

vilian emp
ned into the water andj bad negroes of the Micanopy section.
-adio operator aboard,;The brace of pist: ofa 1 thas Banyer useri

£
vas found he had suffered | Were: found on the baschall ‘dlamgnd
quences from his experi: | where ne had thrown them as he fis!
fafter the shouting.
become necessary to com- | | it is said that the acto siayer may
schedule of attack upon the have been: shet. bya Micanopy mian

‘rman submarine U-117, tbe, who went to the home of Sawyer secn |
id have been in the second iafter the. shooting and, seeing the
nd she wag on 2 short trialinegro running, fired a shot at. him

hate a4 vi oe

-n flames were discovered | which may have taken effect
vom her main gas feed line. ; The funeral of Rohert hits Wad -
was flying at an altitude of: ‘held. at the cemetery ‘at Micanopy
nen the fire started. Realiz- | yesterday afternoon at 4 o’clock. [:
nger of allowing the flames‘ was an impres ssive affair, satte: ded by
ie bombs, the bombing’ of- | the many friends of the deceased fro*:
sed. then, “fae oto pall parts: of the country: :

a3 reward of $50 hag Senn “olferadt
FRTLE SELEGTED by Sheri Ramsey for: the capture.“
of: ‘Bowyer. Description: fyi name, uf

‘ Brown Boyer; aliag ‘John. Bowyer; ee

REFEREE BOUT -theight, 6 ft. 2 in, Color, dark ginger;.~ ° j
Sie aes | Weight: 175 > pounds;~ “Identification 0.
JULY 2 eae fo 4 “lnarks, luthp on left: ‘side. of head, un- iss
. ered eae der ear, wears ‘cap: B point: over dee

den newnocmenese a Ly oe
k, June: 21—-Han e,{.2 | NEW. RAILROAD THROUGH
‘ity, will -be selected by the), GLADES ASKS ‘A CHARTER.

- Boxing Commission te-! ee ane
-steree the championship! Tallahasseo, June 21, Service on

‘ oj 4 4 Ae]
7 '
A ennarncymnptmectenie st.stn sale fingitihtioiangin on-wonssnscietieiiareimes, ppuisstind: stem i wrthwannet ss
llth inienetnetiaiadeciataane tame enateniedinlon iam

A re hem wehmreuboaseiieencecn Orne inate, ‘

NS| PASCACOULAS COND” ARNOW"S CONDITION I

UR coy shegeated: Preen ‘SERIOUS; NEGRO EVADES

Puseagenuia, Mise, Tune 19 A
i large section of the business cen- ARMED SEARGH PARTIES
ter of Pasongoula was destroyed |
by fire today. Estimates placed | 7
Sti the loss to property! and stocks Deputy Sheriff, Shot At Mican-

7)
y as high ag: a, oariat pfs SY railtion | opy Saturday, Was Operat |
ob Re a jane On Bariy Yesterday |
‘ The fire wae the su¢ond disas- b. ae |
, trous blaze’ within’ four: ménths, I
EN fF “ee j - Ss. J
IN Tp originated in 4 bakery.’ The 'MICANOPY ‘MA MEETING
va | Section of Delmas avenne, wad. ee meen |
te] swept and the flames ¢roased to ‘Citizens, Areused By Crime,
‘ rth . . Pe * ~ : eur {
? Narth Rescate eae = | Guard Surrounding Country |
- stroyed the Alabama and Misats- ;
nr aa aes | To Prevent Black's Escape |
sippi railroad station and several
homes on Porter street. oi ay
ery | The fire was reported under: Dengty Sherif Robert £. Arnon,
d ; ¢ontral at five o'clock, who Was ahot by a negro whom he won
ad sm op cused. aan ae virying to arreet Saturday night 4
vila 3 Fi ¥ : % * f Af
, JOSE MIGUEL GOMET fon. 18a serious sendition
R Pewee HVS Wile dL -
ul as % 2 ast oe mg tk a eset ean) ospital here and 44
J/BiE) H i AY f Lisat f¢ eofused tate definy }
j JH ; i Posh Bath ly
: ‘ Targay that et, mid rreover als! aiert
; : —— monid that he had reacted satis
(wba 3 L@oiger et *COrt ded itriilian! . J
. . _ +" uahiorny eToys tae onercatloan pertorm!
Kuneral, Attcaded By Thou- | a
a F a in FOSLOYaay Mornnir,
sands OF Admirers uy = ; |
Bean wie urcmed parties are «ani

——— (tO Le ow atehing ev ery porsibie aYEn}
ted Dress) of
una 19 _ General pipes nileged to have shot Mr. Ac
al a Jose Miruet Gomer, the former now, inicht attempt ta follow from the

4 +t if To} P 2 Bg &
escape. waich John Bowyer, the

mM president of Cuba, -was burfed Section ef woods where he is heb.
mel, today with _ ceremonies. attend. Heved to de in hiding, © Telephong
“oa , communications with Micanopy was.
roe PNDY a great popular demonstration. cut aT last aight, out it Was reported
he The pelice and miligary had: great sone that @ mass meeting was. helt
| difficulty in keeping the way clear’ there yesterday and that the whold
‘if for the funeral cort tege, 80 great was community has engaged in the seare!
‘the crowd. » ‘ = {fos Bowyer, :
vf | President Zayas was “the riation’s’ Arnow's wound ian bis ‘heck. M
A chief mourner and follawed close bee fracture of a bene at the back of hiy
Ne hind the zutomobile on. which the/neck Was remedied yesterday by ai
° bronze caakat: containing © the body | opera! ion, bat the bullet, being in an
was borne to the marble masoleum in area where it.will’de no harm, wa
‘! Colon cemetery. The heat waa in-' hot extracted... 20: * | |
‘i tense and acores along the route were | Deputy Arnow was brought hory
: i prostrated, While.the processian mov- early: yesterday marning by we
_ed from the Gomes. palace ta the cem-, from Mivanepy. Tha. a@hooting o«
ee. stery and during the burial services, | ‘eurred at about 9:90 Baturday. ae
airplanes circling the city dropped on the baaeball diamend: ‘wouth of th

emis.
‘flawe fa. VMunsdreds of great wreaths ; ae ‘houlhodas, When ine APL ISe ee demand}

ee.

‘ : ‘ ; : , ‘ “ $ . ai
were borne in tha procession, (he larg. wd the negro’s revolver. The black’

‘ONE LEASE WIRE SERVICE UP TO 1:00 A.M. ~

A EO

MTT AS ay: “wyear um, iteassimaiaihinne ap
& ; x 2 ‘ } TIN SBy Peyts) —
» RUESDAY, JUNE 21, 1921 FOUR WEEKS 60 CENTS

ping Board Meets =,

¥ s . ° ,: oy ? P * j * °
Left to rhstht. they are Meyer lLisesner. California: Adotival
1 2 a . rye u° Le i AY 4? ear ax-f ~ . ie 4
he tanard, To Vo ci ttopaeart, Sew egk. Athert 2 Lasker, THineia,
. ft iy e . * “i . ? + « Pr
5: UCbainberiain, Oregon; frederiva 1L. Vhorpvon, Alabama,

Negroes 8

eeking Council
Seats At Jacksonville Polls,

- « Pe ee ed

Rack Volt 3 xpected phe But White Leaders Are Ris-

. To Emergeney

0
And Mar

iling Their Forces, Cau-

tioning Velers Against “Single-Shot” Balloting

qaville, June 20 —- dackson-
$ inicipal election
linarily would involve mere-

“ ‘ifteation of the select

in the while
weeks, ago, and which
participated in by compara-
sof the registered voters,
“vened by the efforts of six
win seats in the city coun-

ion of

the iipat time in many years |

uve sought public office
it im expected each of the
wil poll 4 heavy vote un

Hiigctta Phhewer hay yee Shas

tomorrow, |

beige, Daeth |

the Ninth; W. L. Jameson, Thirteen,
and Robert P. Crawford, Eighth,

| The principal step taken in the ef-
|

ifort. te defeat the negro candidates
; has been the urging of voters to fa-

!
{
{

primary | miliarize themselves with the names

lof the white candidatea, as under the
‘law the names of the negroes go on
‘the ballot without distinction. - Ef-
\forta also have been made to induce
the voters not tg “single shot” in vot-
ing fae councifman-at-large, six of
whom are to he elected, “Single
iahotting,” it ix claimed, would give
tas fuw candidites a vary heavy

tie

it Peasbaidcte rs

* »

votes;
a jighe vote, aod (he:

BOB ARNOW IS DEAD

| FROM BULLET WOUND

OF SATURDAY: NIGHT

'Micanepy Deputy Passes Away
| At Williams Sanitarium Here
| After Operation Sunday

NEGRO IS STILL UNCAUCGH™

Wut Wireanany {'; age Delo?

mut Micanupy Caounity Bristle.
aw? @ : 2 ~ re * a
ILA fruns UF Posses j dyyt.

rye

Yo Cagture slayer

“ >

ae Wy ee F tT? ni
She ry NAHE

: xo ame! *
wipers

“nm

fale ASMO

$ P . * . :
% “oval Psepeyt acs “wR 5y ¥ er
Wed yesterday morninwe ab abouts

etalk x i
i> Space

he re from

ira

aac se

<< sh. werettoe.....
eat ulie@ Williatin Sanmutuariags:

2 wound received Saturda::

a Ads way P 7 Yo '
at Micanopy when Jean Sowver,

te oe eR eer ee ee eee ers: Seer
& TERT. ANODE itn aa vit. Arthaw %
‘demanding aurrender of the iach

| revolver. .
' Bowyer was atill at large at a lates
hour last night, but,Micanopy suthec.
jities expressed the belief that he had
‘not gone very far from the acene 0!
‘his crime and would be captured ina
few hours, Posses have been honey.
‘combing the country around Micanap >
{since a few minutes after the fata:
ahot waa fired Saturday and if ia
thought |mpossible: for the negro to
have slipped thru the lines.

The crime was committed on the
baseball field at Mieanopy in the pres-
, ence, of Chief of Police Gladney. The
inegro is said to-have §red four shots
at Mr. Arnow, only one of them hit
ting him, however. The wounded of.
ficer was brought to Galneaville early
Sunday morning and operated on hy
local doctors. “He rallied for a brie?
period after the operation but relaparid
yesterday,

5 eet FARE ME ol PR SNe AORN ete

AMAA TT FAA TAL AAS

BOW YYER , John, 239 hang zed Alachua Pistons: Flor an

aa Sih

epeetts xz eae

mcmama teng

2 eRe ee sage re ee
” paren,

ats

sc ee

reas

~ Photos idm the eatection of Dr.

pone Blankie

‘My teacher ‘decided to excuse me but “Sar morning bar had Been hiding in the
ged me to go home directly. “No visit.“ bushes along Sweetwater Branch.

ng aroun she said. “If yonhaveabad — Vernon's family had moved to Gaines.
2, YOU need to Tie down and be ville from Ohio and lived'on old Vira
i eat are Avenue, just SouNeo! the old Gainesville

Vernon and 1 were morta enemies at

not to be |

ek and: seconds our. A heenistey 2
seemed to have some kind of explosive ;
cho: quality every time we met. 65.
six block: apart but he My father solved all this by putting
to me to be five or six ee boxing gloves on us and making us “fight.”
iteut” ina circle drawn in the clay roadin
front of our house. This. was his solution _

reba bya biah, vide boda fetins but,

spirituals.
even so, as we SAE we ihe es see

- Bowyer: rioonied the: scaffold. Reps :
without difficulty and stood with head
bowed while his minister offereda prayer”
and there was’ more : pinging. and stil
another prayer. gilts
y. most vivid t ‘Foemory Bh this part or E thee was one. ‘gieantic oe as. jon:
the event was Bowyer's statement tothe exhaled. Some fell off the fence as they"
crowd, in which he advised those forgot to hold on and several dropped”
assembled to go tochurchand stay away out of the trees and hit the ‘ground like

At the-gate we. were robo to squeeze.

Dehind a. big: swoman when we were from bad womenand whiskey. And then “Sacks Of meal Or grits, oe
stopped by a man with a badge. he added that neglect of Sunday School '. There were a number of “Amens” and

"Git out of here, he said. “This i isn had. brought him to the gallows: “Oh my God” and some left the area
sight ‘for. children. ‘Why aren't you in “In this solemn. moment: | ‘resolved hurriedly with their, hands | over, th

chool?” he asked. -
~ Without -reply, ° ‘we ran like the devi
‘was on our coattails until. we had turned

never again to miss Sunday School.” “mouths. ©
‘Bowyer’s voice was strong and he -. Vernonand Faronaed out of our cam-
uttered his advice i ina loud tone for allto. . phor tree nest and ran for Our lives. To -

|
“We.ended up ina camphor tree where “the execution that Friday noon.. It read, = mother and know that everything wasall ae

“5. the corner out of his sight behind another ae hear. Ss - this day, 1 don’t know why I ran,: except:
a part of the jail fence. 4 Thave since toad the Sur's acaeune of that I wanted to get home and see miy -
we. were screened by the foliage and yet : in part: right. #2
- could see the scaffold and. the. crowd “He made no plea in extenuation of his Also, I really did havea headeche anda, 4
is inside the jai yard. : crime, but: declared he had made his sickness at the stomach. >
‘The condemned man was John Bows eepeace with God. Sheriff Ramsey then. ©. Whenmy mothersaw me, she showed: .

; yer, age 23, who had been convicted of .. read the death warrant. As he began the concern. “What’ S wrong?” she asked. 28
# shooting to death Deputy Sheriff Rober “steading the prisoner showed extreme “You look sick oe
|

s Es Arnowon Saturday night, dune 18,. prnotation and ‘swayed unsteadily while _ IH told her my teacher ha ad allowed me

Bp 1921. at Micanopy, Florida... the warrant was being read and his limbs ‘to come home because’l had a terrible _

: Deputy Sheriff Arnow had asked Bow. - were strapped, but when he spoke his.” Niche. :
yer for his gun but instead of handing it © “voice did not trembie ~. Many years passed hela she learned. a
over he fired four times at Arnow and “As the noose was ; placed about his _ the truth about that “headache.”

Bowyer escaped into the woods and tight, and then, his face hidden by the ~~ On Monday morning, Feb. 27, 1922,

aptured for several months. black cap, called to the witnessestomeet the Alachua County courthouse had 2 a
taken to.a pr ivate hospital i in in ‘that land of rest.’ The trap was sprung new janitor.
he di ae the sheriff at 12:11 p.m. and twelve It. seems that Sheriff Ramsey had t
minutes later the physiciets pronounced oe t
‘the culprit dead.” 6 séaffold and placed} is office as
That is the way it was ronnie but ~ venir of the “last hanging.” -

what. remember most was the. strange © When the janitor saw the
quiet just before the trap was sprung with | “ment of death in Sheriff Ra
a loud daria It was -almcst as if eve i hs delivered his ultimatum.
he if the rope paved he

rope used to hang

2 OE. shot entered the deputy’s neck. » neck he implored the sheriff to pull it °° There’s a postscript to this story.
|

4b\ hay ey Ee 8 , SIU CLIC

waa ‘aditivietered religicus. com- with . the. i
so Aas. meuntiive the degth ap-| goods dn.”

“»

tf B Ned a

be €

paleomen os

ppeared caina and un-
Howat dressed. inva neat
d was handcuffed. . As he
wa steps he paused and

“4o\ the. essembled
dens then conducted to

ladder withdut hesita-

ousriess’. and. agita-,
Was:

¢.pastor. who ‘then bade the
ier good bye and descended from _

aby, eid had Women; and neg- |
. H
“He

his

lea “ir extenuat: mn of

t dec! had
Sheriff

afl the death Warrant. As he,

the reading the prisoner show-!

mana hie
Claréd he MaGe@ ays

Ramsey

p 1.
iJ we a Sr Seed
Warrant was

6B parefully tested, and was | mother’ knows “thé omnaph 2 iy. Belin
4 ie th perfect working or-| good and kind, trend: | ra fa ar away
land who found a nd sent her Ww. aywa ei
Shere Ramsey ied out the gon back to: ‘the ald home j in. Bee ae
whe Was siigkihg his last! States, wats: Age $e 23

“It would’ hardly < occur to ‘any {¢
' these. individuals | ‘that their. conthe
had. béen’ with ~ an. organization! {¢
trained” officers, an “organization ler
ploying 2,500 men and Women, ¢

i Bntrance, He maunt: | ted States in the.

| of $8,500,000, thus showing a net =|
not until his. Pastor fit to the government of more than
hat ‘he began - to: ' $4,000,000. - s Neither would. it: “oetar:

, rector Carr recites how
consuls

ing

Me agitation and swayed un.: fo

: ~
iw 1 46

ing. about? $4,500,000 “annually.”
returning to the’ treisury of the .

year 1921 the sim

to them that ‘tha. members ‘of. ‘that.

surg, “scripture | organization. were serving daily ten.
4 fervent prayer offered }departments and numerous inde n-
| dent establishments of* the govern- |:
ment in Washington and, thru them -
The condemned — man or directly, many thousands of in |
m sd ited the witnesses, saying | dividual citizens thruout the countiy.”

In support. of that statement, Di- |

Amerigan .
handled 48.07% cases involve
protection

, and welfare of na-!
the United States abrpad iy

, ; of

any cases of protection and:

$
be

. t ;

ne ad’ ds “ranged from finding | §

st relatives and shieiding well-
leaning but indiscreet American. g

mo3 were strapped, ' travelers from the legal consequences |

2!
’ } zg iS

lid
pl ved

io. oon ones

yOice
as the noose,

not

or |

ei rash acts, to rescuing indig- 4
: from starvation and ;

sa i, and then, his face hid.
Hie Slack cap, called to the wif-
ae tieet him in “that land of
i" The trap Was sprung by the

AZ11 p. ™., and twelve min-
iter tha nhyaliaien

pote Physicians pronounced

The body > Was im-
over to undertakers

oes

Cheri
af on Saturday night, of June
ay at. Mieanopy,
bests shot, Deputy

Bov

that Bow-

Sheriff Ar-

i and the deputy sheriff, in com-

a with Chie? of Police Gladney, of

ee itding Bowyer on the vil-| §
asehal digmond at 9:30 Pp. m.}
‘or bis gun. Instead of

‘a There. is a message ‘ter
you. here each week.

Ni is a money-saving. <9 a oe
sage. and you will be losh

Srhat | is - he you. ‘sho ald

tn A ibe “ $ Si ate

warn ta ~ ve

wD 37 tise
Aa ih dike -dsk:, wind brie Kee et ‘ 163 Prey os 3
“gt en Gab pac s oe Bag Oe et ee mae ot.
ed Abs SIR sant sant: tons “Pha

1 eee a5 ay ee Pa :
SRR OG oF I The Shebtagye wrierx

+
*

if oS "x * ’
¢ ae Sets tiem le biel
~ 3678 ttn oe

‘4 : ea :
ie oho AO NBD Trt ee
as by ag ee we “i Sie ppt

> ES: ape. te : Pisgies

aprure:! inti pee eusES
“Deput Fe Arrew way 5

bon ba Department na Sth
es uetion, ‘extend ‘Stam Xe
enforcing - ~ American® de St

Seas eat

ce Oe ae Américar - influ ee

| ehce™ tn nipte tian 400° ‘Cities: Gf ay Ei YP?
fgountries “are ‘set forth ‘by Whar J: E

Garr, diree: ior” ‘of. the | Consular

Sore
Ne

Poy

tice 4 int © ‘frst ished of. the Amer tat

pee ger and | ' Const “Bullet it, ‘a: month:y pu Stigh:

in ¢ untoward in- ; dd. by ‘the | 'Atherican Cons: Asse." A’ny
e execution. lation, at Unofficia! hd. voluntary «luring
30.8. m., ‘after Bowyer | breanization Se neg ment ot the — a

ed an “excellent. -break- | Members - tnt “the taular - Service of ‘rave
f his colored friends were ‘the United Sta ay j i tlonalis
the corridot on which his; “There is probably po class of of- this cn
pnd. from -that time. ‘antil’ ficers_ of ‘the: overnment whose fone. in che
ned” man was: ledsout: ‘for| fons a are’ less correctly Mnderst Ook by woods 5
he joined with his” visitors | the public than consuls.’ says Diree- came n

-gpiritua: songs, these bes ‘ tor Carr. “To one co a consul is oremer
jonally suspended for exhor- merely a ¥isaer of. passports; to ans 9 Ac y
Yaad prayers. . Later tie j pther. the. word consul signi cS & not cle:

spiritual adviser visited giorified | traveling salesman charged percha
administered religious com-j With the. ‘marketing | feof American English
; the meantime the death -ap- ‘goods: in’ foreign | lands. | Many a.Eeyptis
ares ‘carefully tested, and was mother. knows ‘thé vconsul only as a. “told th:

: good and ‘kind friend in a far away; pauatati
= land who found and. sent her wayward | But
¥gon back to the old home in the United ers and
fStates.” Bea desire t
“It would hardly occur to any of the best
ie individuals: ‘that. their contact | If the
had. been with an organization “of itogethe:
jiained officers, an organization em- force th
eRe 2,500 men ‘and. women, cost-- in Eng!
eee sae redo -annuall ,

asi calm - oa -un-}

He ' Ww as ‘dressed - inta neat.

Js and, and stet

song’ was surg, “scripture Mrcnizations “ten Hind plac
Caen offered depart ments: and jauaieton ates 7

vee the: on

t ry:

ets SO Dus

go * ae
sky end hats women, Zand: ‘mer

SF orthe church and Sunday-sceho ov” Carr = Petites
“al scough: ir mr to the vatlows. He Gyles ths: mmm db AN AG CASSs SIN VOM: -even - be

wads, my

“paw “American Hyrawere

(WHITE WAN 15
SHOT BY NEGRO

Bans

in a Serious Condition, at Lo-
~ ei cal: Hospital, i i:

POSSE. HUNTING" DESPERAD

Aa oon een ete ene ee

Small Store Near Atlantio’
* Coast Line Shops.

die from the. wound redeived when: he
was shot through the neck by a negro
at a small store near the shops of the
Atlantic Coast Line railway near Grand
Crossing, the shooting occuring at about.
7: o'clock laat night. |

A posse of deputies and police’ officers
was rushed to the scene of the shooting
and made every éffort lo ¢aplture the
negro desperado, but up td an early
hour this morning no report of the ne-
wro’s arrest had been received.

Witnesses to the shooting say that the
hame of the negro is Tom Bradley, who
killed another nearo aaveral month azo
while riding on a shuttie train to the
railroad shops. where’ he |e employed,
_ The negro was brrested for, this allegad
crime, .but was exonerated from blame

AND MAY DLE

C. P. Carroll, a Car Inspector, Is|'

Shooting Occurred ‘Last’ Night in|

C.-P. Carroll, a car inspector, may }

by a justice of the peace. Bradley ls
_also sald to be clovely related to Clar- |
ence Bradley who, before his arrest, was :
‘a member of the famous murder gang.
which killed the late ,Police Officer N.,
B. Hagan. | |

Acting Disorderly..

According to the information obtained
fom the officials who Investigated (he |
xhooting Bradley entered the store near,
the railroad shops and purchased a bot-
tle of soda water, and Insultingly , de-
manded of A. B. Huntley, the proprie-
tor of the store, why a glass’ had not
been furnished him with the bottle. The
proprietor of the store remonstrated with
the negro, whd, It is said, appeared, to
be: under the ‘Influence of liquor... and
drew a revolver ‘from his pocket. |!

Undoubted|y* Intending .to murder | the
proprietor of the store, the negro des-
perado brandished ‘his revolver jin the
alr advancing at the same time toward
Mr... Huntley. Mr.\.Carroll, had entered
the store at the beginning of tha argu-|
ment and saw the negro threatening the
life of Mr. Huntley. —

» * Went to Rescue. .

Without hesitation Mr. Carroll, 'sprang
upon the negro with the Intention of
taking the revolver from him.,| Iti is sald
that Mr. Carroll was unarmed ,at the
time. During the struggle which fol-
Jowed Bradley fired: his _weapon~at Mr.
Carroll at .close range. i SY
ltt is’ eald: that the bullet- entered) Mry
Carroll's neck on the left. side; . and
lodged in, the: feah on the right side.
As Mr. Carroll fell to the floor of the
store the negro rushed from the place.
The authoritles were notified at once and
went to the scene !mmediately, but the
negro. shad: apparently ‘made gcood: his
escape. | Siw tote. ; o) “A pie] ‘

Mr. Carroll, was brought to’ the, dlty
on.a shuttle. train’ and was met at the
denpot-. by .the:- Conant--antomobile ; am-.
‘Dulance, and was taken to DeSoto Sana-
‘torium.—It—was-said~tast-night-that-the}
condition: of the injured man appeared
ho_be very serious. a. Ca

Up to an early hour this morning a
ponne owns still looking: for the negro.

NEGRO. SLAYER
TE

S/F

ing and Was Interred in Wood-
-/ ‘Town Cemetery, cn

Search ‘for Murderer Continued: ‘Up
a “to Early Hour This Morning. ~

.
1

The authorities are stil! making ev-
Sry effort to apprehend = the negro
slayer of GC. TP, Carroll, car Inspector
/for the. Atlantic’ Coast’ Line rallway,
who died at the Desota Sanatorium

y STILL DEES.

| C.-P.- Carroll Died Yesterday-Morns|

OFFICERS . ARE DETERMINED

Still at Large.

At wm late hour last night the nexro
Was still at large. While it.is be-
Meved that the negro {s# in the city
and’ while the authorities are trying’
to cut off hia escape from here by
rath. no-definite Information has. been.
heard regarding his whereabouts aince
he fled from the scene of his crime
Monday night.

‘Carroll received. the wound which
caused his death while trying to save
the Ilfe of ‘A. KB. Huntley, the proprie-
‘or of a small store near the Atlantio
Coast Line shops, The desperado was
ir. the act of shooting Mr. Huntley tn
his store when the car Inspector tried
to take the weapon from the negro,

Given Every Attention, .

Every effort was made to save the
wounded man after he was taken to,
DeSoto Sanatorium: under the care of
Dr.. J... H. Pittman, However, it was
evident to those In charge of the oase
at an early hour yesterday morning.
that the car Iinapector could not sure
vive, ' i a, a eae ais ~ :

- roll-lived with tis wife and
Mttle children at Grand Crossing, and
was considered a faithful employe ‘of
the railroad and was-a valued resident
of the community In which: he lived.
The. interment.was. made in Woodlaw .
cemeterycyeaterday*afternedin ae fa
» Deputy: Frank |: A. Edwagds, chief
elerk In. the oMce~of Sherif W. H,
Dowling, staipd lastnight that the

ehartly after & o'clock Yesterday morn.
Ly ee

ee ee atende of the widow and the |
| five children of the murdered man
galhered-Th- tne onaper-or-runeraDarie
rector Marous Conant ‘at 3 o'clock
yesterday afternoon tO, pay thelr nal
respects to the dead e oMmeers ‘of
the law were still relentlessly search-
ing for Herify Bradley, the negro des-
Derado responsible for the tragedy.

fia [tues

sherift's ofMice would: offer m~reward of
850, for information that. would. lead.
to? {he abprehenaion ‘of,-the negro. It.
ja:vafd “that the cititana of Grand
Crossing are greatly excited by the
tragedy and ask that every effort: be

mude—to—bring—the—deaperado—to—jus—

‘

| Lhe a)

0 pron Lhe

hanged Jacksonville, FL 10/17/1919

‘7 V 2) aa Wile ale
BraDLEY 4 nenyr Vs bla Clay

ati el wat hoinat accel ¢ .S ar

Two N egtdes Ht anged Sr

‘te Claude He nvie a ane

Ra nd ae
)
’} for. the murder of a '
j wat

Ta storekee were h
val county. sail

Howell rock

and: evideroed cao stan nt fe
: = cn ame

net. death =
she. mine: rie ee «and |@! pe Lats
: ate.

r
ea for. death
M, “an a - Lube isa heaving tng of.
“as

ree Reihaeiatteca te la tick

‘ Oh Te SAat on® ‘ey Sue rar yA ENCIN ue XY

CNRS hs Sy abet cade
} mT AE eh eS RE

THE FLORIDA TIMES-UNION (Jacksonville)
Saturday, 18 October 1919, page ll.

Claude Howell, convicted for the murder of Police Officer ~

Charles F. Turknett and Henry Bradley, convicted for the
murder of William P. Carroll, a storekeeper, were hanged
in the Duval county jail yesterday afternoon.

Howell mounted the scaffold shortly after 10 o'clock. He
walked steadily and evidenced no sign of fear, and meet death
gamely. Bradley mounted the scaffold at 11:10, and also met
his fate calmly. Both men made statements and said they had
prepared for death and advised all within the hearing of
their voices to lead good lives. In both instances Sheriff
Downing sprung the trap.

looked at him in-

from behind,” he
least one smashing
cranium vault, one
e’s been dead eight
of any kind on the

Sheriff Gandy said.
with tourists and
ays cold.” He bent
t the garment on
pecting a fine darn
man’s shorts.

wing job,” Gandy
ife or some other
» close to him. If
be missed quicker
oe tourist on the

into an ambulance,
Coroner Johnson

2 THE CORPSE

eaeecrtes Sere

. green in hue, his eyes carefully avoiding

aa ll a

aboard. Gandy joined a young man who
had been standing apart, his face faintly

the grave.

“You found the body?” Sheriff Gandy
asked.

- The man nodded. “I’m James Bentley,”

he said. “I was playing ball with my kid
here on the beach when something tripped
me. I looked down and saw a hand stick-
ing out of the sand. For a moment it al-
most seemed as if it had tried to grab
me. I’m not squeamish, but it darn near
knocked me for a loop.”

“T can see how it would,” Gandy .said..
He asked a few more questions, but
Bentley knew no more. than he had al-
ready told. He had never seen the dead
man before. Gandy dismissed the man
and rejoined the other officers by the
trough in the sand.

Allen was (Continued on page 9)

OF THE MISSING FISHERMAN

NALL'S BODY lies under sheet above.
beside his makeshift. grave. His love tor
company on his angling trips, plus a full
wallet, brought him a violent death at
the hands of the man he had befriended.

THIS MAN went fishing and returned
with six $100 bills. Officers trailed
him by a missing index finger and a
maroon automobile, ond caught him after
he gave a blonde girl friend a present.

! |
|
DSO |

ag Siete a

vad

961 *6c eunp uo (AquNCD BSOY BqUeS) JS eptuoTY peqynooryoete *J¢ Seqtyum Pq *zaTa

“aa

niaTes ;
BRADLEY, Edward, white

SHERIFF Joe T. Allen (left) and Deputy
Jeff M. Herrington closed in on the
mystery man with the missing finger.
They found the murder weapon and the
wallet and papers of the dead man.

Case of the

By Clayton D. Carter

with a stranger. Shovel at right
used to bludgeon and bury him. A pro-
trading hand betrayed his sandy grave.

elec ! Sa c yy: y
elec. FL (Santa Rosa) June 29, 1936

Ro Seite FOR the five men, the stretch
of beach between Pensacola Bay, Fla.,
and the Gulf of Mexico was oddly barren
of people this high noon of September 29.
Some 200 yards north a stream of cars
rolled along the coastal highway, most of
them jammed with picnickers and week
end tourists.

These five men were not pleasure seek-
ers. Grimly they stared downward at a
motionless figure lying in a shallow grave

in the sand. A deputy sheriff had just -

removed the last covering of dirt and the
body of a gray haired, middle-aged man,
clad only in underwear, was completely
revealed. One arm was poised as if point-
ing out something to the hushed and
watchful group.

Coroner A. L. Johngn rose and faced
Sheriff H. E. Gandy of Escambia County,
Sheriff Joe T. Allen of adjoining Santa
Rosa County, and Allen’s ace deputy, Jeff

M. Herrington. They looked at him in-
quiringly.

“The victim was hit from behind,” he
said. “He received at least one smashing
blow at the back of the cranium vault, one
or two at the front. He’s been dead eight
or ten days. No marks of any kind on the
underwear.”

“Tt’s a tough case,” Sheriff Gandy said.
“The place crawling with tourists and
the trail eight to ten days cold.” He bent
over, peering hard at the garment on

“the corpse. He was inspecting a fine darn
on one leg of the slain man’s shorts.

“That’s a good sewing job,” Gandy
mused. “He had a wife or some other
woman relative pretty close to him. If
that’s the case, he’ll be missed quicker
than if he were a lone tourist on the
move.”

‘The body was put into an ambulance,
which departed with Coroner Johnson

SHIFTING SANDS ON A LONELY BEACH REVEALED THE CORPSE

NSIDE DETECTIVE
INSIDE DETECTIVE, August, 1949

aboard. Gandy joi
had been standing

. green in hue, -his

the grave.

“You found the
asked.

The man noddec
he said. “I was pl
here on the beach
me. I looked dowr
ing out of the san
most seemed as i
me. I’m not squez
knocked me for a

“T can see how
He asked a few
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(Continued from page 5)

talking as Gandy approached. “The killer
must have been in an awful hurry, or a
stranger down here, to have tried to hide a
body in sand that was bound to shift. And
on a beach with no cover and popular with
fishermen and tourists.”

“Funny he didn’t carry him farther,”Gandy
agreed. He peered into the pit where the
body had lain. “Since there’s no sign of any
blood, the murderer must have carted him from
somewhere else. Those wounds bled plenty.”

Deployed along the beach, the officers
scanned every hummock, every depression,
every clump of beach grass for telltale signs
of the killing. But the sand, blown by steady
off-shore winds, changed constantly. It
would be more than a fluke if the shifting

grains had left an eight-day trail uncovered. -

They had been at work for 15 minutes when
abruptly Gandy squatted before a narrow
green line of sword grass and started digging
with his hands in the-hot sand. As the others
ran over he gave them a triumphant look.
“Spotted something on this grass,” he said,
pointing to some rusty stains on several tall
spears. “Here’s what I dug up.”

The officers inspected the faded splotches
uncovered by Gandy’s scooping. They had
the brownish-red tint characteristic of dried
blood. The sheriff gathered up samples for
analysis, along with the blades of. grass, slid
them into separate envelopes and tucked them
into his pocket.

“This is where he was killed,” Allen agreed.
“The poor devil wasn’t down very deep, but
far enough to indicate that the killer must
have had a shovel of some kind.”

“The same shovel he used to kill him,”
Gandy said. “Those wounds were made by
a broad, flat weapon.”

The officers resumed their search, eyes
primed this time for the shovel. When half
an hour’s search failed to turn up any likely
clue, the two sheriffs decided to abandon the
beach and get other aspects of the investiga-
tion started.

Upon reaching his office in Milton, seat of
Santa Rosa County, Allen lost no time in
assigning a number of deputies to question all
residents of homes near the beach and all
anglers known to fish there regularly, with
instructions to look for anyone who had been
on the beach between September 15 and 20.

From Pensacola, Sheriff Gandy dispatched
the samples of sand and grass to the labora-
tory, sent out a description of the slain man
over the teletype and phoned the papers, urg-
ing the editors to cooperate with the police
by giving the story full publicity.

With these efforts, however, the investiga-
tion came to a halt on both fronts, pending the

identification of the body. Both Gandy and,

Allen were optimistic as they discussed thé
case later that day on the telephone. The
victim, after all, didn’t look like a derelict.
His underwear had been clean and mended,
his hands well cared for. Somebody would
be, looking for him.

Sunday passed without news. On Monday
morning Allen telephoned Gandy to report
that the coroner had ordered the corpse buried
forthwith, in the interests of public health.
“We can order it exhumed later, if necessary,”
Allen wound up.

ete end MORNING brought no riew
developments, except for the arrival of a
lab report. The blood on the sand and on the
grass was human blood of the same type. As
the afternoon slipped by it began to look as if

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Gandy’s hunch that the dead man’s family
would miss him ‘and call was a bad one. At
7, Gandy was about to go home to supper
when Deputy C. V. Foster ushered in a wor-
ried-looking man, somewhere in his late 20s
or early 30s.

“This is L. L. James,” Foster said. “He
thinks the body -we found yesterday may be
that of his uncle, A. E. Nall. Nall lived
with James and his wife. They haven’t seen

‘him since September 16.”

Gandy’s eyes narrowed. “Why didn’t you
report this before ?”

“Uncle Al’s retired and goes away on trips
fairly often,” James replied. “He said he was
going fishing this last time, but he’s never
stayed away so long before. When I read
about the body you’d found, I got worried
and came over.”

Gandy and Foster exchanged glances. The
fishing trip could tie in with the beach and
its surrounding shallows.

“Did he go alone?” Gandy inquired.

“I don’t think so,” James said. “I got the
imptession that he was going with the man
who was with him the night he went away.”

Gandy perked up. “What man?”

James shrugged. “Around 7 in the eve-
ning Uncle Al drove up to the house in a
1929 maroon four-door sedan, with a man I’d
never seen before. He wanted me to go
downtown with him and endorse a dividend
check he’d gotten in the mail.”

“What about this stranger?” Gandy cut in.

“He was sitting in the back seat,” James
replied. “Uncle went through the motions of
introducing him to me, but I didn’t catch: his
name. . I have a vague impression, though,
that it began with a B.”

“Remember what he looked like?”

“Only that he had gray hair arid a strange,
hard stare.”

“Was it your uncle’s car?” Gandy asked.

James hesitated. “I’m not sure,” he said.
“I assumed that it was, since uncle was driv-
ing. I figured he’d just bought it.”

“Nall had plenty of money, then?”

James blinked. “Didn’t you find any on
him ?” ;

“The man we found was in his underwear,”
Gandy retorted.

James looked puzzled. “He had more than
$600 when he left home. Five $100 bills and
about $100 more in small bills.”

Gandy jotted down the amount. “And he
said he was going fishing ?”

“Yes, for a few days,” James said. Sud-
denly his poise deserted him. “Look here,”
he said, “why don’t you show me the body?
I could tell at a glance if it’s my uncle.”

“The body was in a pretty bad condition,”
Gandy said.

“T could still tell,” James insisted. “About
seven years ago uncle had a bad fall and broke
his hip. Dr. Leland Trellis over at Century
wired the. bones together. He also took
X-rays.”

- “The victim was buried this morning,”
Gandy said bluntly.

James’ face fell. “I guess I’ll never know
whether it was Uncle Al or not.”

“You wait outside with Deputy Foster
while I do some phoning,” Gandy said.

He called Sheriff Allen at Santa Rosa and
told him about the nephew. They decided to
apply for an exhumation order. Gandy
directed James to be in Milton the following
morning for an inspection of the body.

Shortly after 9 a.m. the next day, Sheriff
Alien conducted young James to the corpse,
now lying on a mortuary slab. One look was
all James needed. “That’s uncle, all right,” he
gasped, in mingled grief and anger.

The sheriff led him away.

Back in his office, as soon as James had

(Continued on page 55)

n spoke.
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officer
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sked him
said he’d
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you saw
vondered

explain
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in his car
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I told him
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st me. He
rth some-
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if she re-
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‘ing a girl
continued.
got them

who the
im. “We'll

itress fur-
she called
in months
ut that she
he looked
an a beau.
a while,”
‘ame back
~w clothes.
ne roman-
roll and I

n the girl
nformation
first ques-
about the

-haracters,”
eanut man
s a fixture
om a push-
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knows _ his
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if town. He
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t, but asked
id Bradley

iama City a
ve. He had

stopped and talked after buying a bag
of nuts. Bradley had said that he had
no money and no place to sleep.

“He told me he’d been looking for
work,” the witness stated, “but
couldn’t find any. I felt sorry for him
and took him to my place, let him
sleep there and fed him.” ;

Ed Bradley had loafed around this
man’s place for several days and then
started looking for work in Panama
City. He’d returned to the peanut
man’s place one night and said he had
made a new acquaintance that prom-
ised to be to his advantage.

He disappeared for a couple of days
and then returned wearing new
clothes and driving a 1930 black Chev-
rolet sedan.

“He didn’t explain this sudden
wealth,” the street vendor told the
officers, “and I didn’t question him
about it. I was just glad his luck had
changed. He gave me some clothes he
had in the car. These pants I’m wear-
ing, and some other stuff. He left right
after that. Said he was going to find a
place of his own. I haven’t seen him
since. That was about a week ago.”

When Deputy Hobbs explained that
the pants were important to them the
old man consented to let the officer
have them that night. They were sent
to the police laboratory along with
the two-inch thread of cloth found at
the scene of the crime.

The analysis showed the thread had
come from an unraveled seam of the
pants and was identical in color and
material,

“The trail is getting hot,” Sheriff
Allen told the others, “but the wait-
ress hasn’t seen Bradley for about a
week and neither has the peanut man.
It’s possible he’s a long way from here
in that Chevvie by now.”

“That’s: right,” Hobbs agreed, “but
we can’t afford to overlook the possi-
bility of his still being in this vicinity.
We'll cover this town from end to end.
If he’s here we’ll find him.”

The city police cooperated with the
county officers in organizing search-
ing parties. Rooming houses, hotels,
gas stations and all business estab-
lishments were covered, but the can-
vass produced nothing that could lead
to the missing man.

“We've got two things to go by,”
Sheriff Allen repeated, “the 1930 car
and the deep scar on the nose. Let’s
not give up until the suburbs and out-
lying country have been covered.”

Territories were mapped out and
Hobbs, Herrington and Allen took the
roads east of town, asking the same
questions over and over again all day
long. While they were talking with
one farmwife her little boy listened.
The woman couldn’t help, but the
boy spoke up.

“Theres’ a man like that living
down the road in an old abandoned
cabin,” he said. “And he’s got a black
car back of the place covered with
brush. You can’t see it from the road,
but I went in there looking for a cow
and saw him and the car.”

Sheriff Allen asked how long this
man had been living in the cabin.

“About a week or so,” the youth re-
plied.

The three officers thanked the boy
and, after listening to the exact loca-
tion of the cabin, they left.

When they were some distance from
the cabin Sheriff Allen pulled his car
off the road. “We'll park here,” he
said, “you fellows circle through the
woods and make your way to the back
of the cabin from the left. I’ll do the
same, but come in from the right.

Let’s give each other 10 minutes. That
should give us time to get there with-
out anybody seeing us.”

Allen circled through the timber. In
a few minutes he saw a black car in
the rear of a cabin. It was a 1930
Chevrolet. A man was bent over the
open hood tinkering with the engine.
When he straightened up Allen saw
that he was heavy-set, had gray hair
parted in the middle and a deep scar
on the side of his nose. ;

Herrington and Hobbs came into
view on the left. Allen raised his hand
and motioned them to close in, while
he strode forward.

“Hello, Ed Bradley,” he said.

The man whirled around, surprised.
Before he could realize what was tak-
ing place, the Santa Rosa County
sheriff snapped handcuffs on him.

“You led us a merry chase,” Allen
said. Then, turning to Hobbs and Her-
rington, told them to search the cabin.

“What’s this all about?” the prison-
er demanded.

“It’s about the murder of Andrew
Hall,” Allen stated. “I see you have
his car here.”

“Yes, I know Andrew Hall,” he said
craftily, “but what’s this about mur-
der? All I know is that he left his
car with me because it broke down
and I promised to fix it for him.”

“And how was Hall supposed to get
the car?”

“He was coming back for it.”

Allen said, “He’s dead. Murdered.
And you know it.”

Ed Bradley protested any knowl-
edge of this, but he contradicted him-
self every time he opened his mouth.

By the time Herrington and Hobbs
were through searching the cabin
Bradley had turned sullen and would
say nothing more.

“This is our man, all right,’ Deputy
Herrington said. “Here are most of
the clothes Hall’s former wife helped
him pack and we found three new
$100 bills. There’s also change amount-
ing to over $80.”

A short handled shovel was found
in the car trunk. Brown stains were
on both the handle and metal scoop
part. The serial numbers of the car
and the license itself checked with
those belonging to Andrew Hall.

Allen and Herrington thanked Dep-
uty Hobbs for his help in making the
arrest. Then they took their prisoner
back to Milton.

State’s Attorney Dixie Beggs took
over the questioning of the prisoner
there; and finally Ed Bradley broke
down and made a confession of the
crime.

This confession was the usual story
of self-defense. It didn’t add up be-
cause Andrew Hall had been struck
down from behind. Bradley had met
the man he was destined to murder
in a Panama City tavern and had
hitched a ride to Pensacola with him,
where he could look for a job. Exact-
ly what took place after that will
never be known because of Ed Brad-
ley’s self-defense plea. The officers
were convinced that he had killed
Hall for his money and buried his
body in the sand.

The accused man went on trial on
January 31st, 1936. He repudiated his
confession, but the evidence and wit-
nesses against him were overwhelm-
ing. He was found guilty of murder
in the first degree and Circuit Judge
L. L. Fabisinski promptly sentenced
him to death.

Ed Bradley died in the electric chair
at Raiford Prison in the early morn-
ing of June 29th, 1936. THE END

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It was this short spade found in sus-
pect's possession that clinched case.

VICTIM: His murder should be a
lesson to every man who is inclined to

dabble in get-rich-quick schemes.

by FRANK HERLANDS

Florida sleuths faced with a ghastly mur-
der are forestalled by many a false clue

before the crafty killer is finally cornered

not an unusual sight, but this one was. In the first

place, he was almost completely covered. Only a
hand and a section of a forearm protruded, and the
hand and arm seemed blue and stiff.

The beach walker and his small son were attracted to
the mound by its strange appearance and they wondered at
first if the man were asleep. The upright hand seemed to be
waving, beckoning at them. But a closer approach caused
them to alter this opinion. Particularly so when they began
to detect a nauseating odor. g :

The father-sent his son back to join his mother—hoping
to spare the boy the gruesome spectacle he expected.
With the boy gone, the beach walker hurried to the sandy
crypt and began uncovering the figure, at the same time
holding a handkerchief against his nose. :

Finally, a foot lay exposed—a brown and withered foot
which plainly showed evidence of disintegration. Half sick,
the beach walker went back to where his wife was waiting

ith the boy. ;
aie hee? he told her. “I have a phone call to make.”

The sand-covered corpse had been found on a sandy
neck of beach between, Pensacola Bay and the Gulf of
Mexico, about four miles east of Pensacola, Florida. The
day was Sunday, September 29, and in'another few hours
the lower part of the beach would be swarming with bathers.
Few, however, visited the neck.

Sheriff H. E. Gandy, of Escambia County, took the call
at his home. “A body feraied on the beach!” he’ echoed.
“What’s the exact location?’ :

“When the caller described the locale, Gandy believed
that the area was out of his jurisdiction. Nevertheless he
said, “We'll be right there. Keep people away from the

spot.”

Ama half buried in sand on a public beach is

Ss Se i

Beach where cadaver was found buried in the sands. Investi-.

gators are shown here taking notes beside blanketed victim.

4 i

He telephoned Sheriff J. T. Allen, of Santa Rosa County,
to join him and left immediately for the scene with Deputy
Jeff M. Herrington. Allen, accompanied by Coroner A. L.
Johnson, found the two Escambia officers waiting on the
a States Coastal Highway, 200 yards from the beach
neck, : ;
The four, directed by the man who had found the body,
proceeded to the scene. Herrington fell to work with a
shovel and soon. had the corpse completely revealed. A
middle-aged man clad in his underwear lay exposed. The

_ odor of decaying flesh was overpowering.
The cause of death was instantly apparent. The back =~

of the head was sharply cleaved twice by blows with some

. sharp-edged implement, probably a spade. Coroner Johnson

said the victim had been dead eight to ten days.

The dead man’s shirt and shorts seemed home-made,
since they lacked labels of any kind. The body was ap-
parently without any distinguishing characteristics, and
there were no clues in or around the grave by which iden-
tification might be established.

Gandy nodded grimly over the decayed body. “This
burial plainly took place in Santa Rosa County,” he told
Allen, “so it’s out of my jurisdiction. But you can count
on my office to help.”

“He was definitely buried in my bailiwick, but I wonder
if the crime was committed here,” Allen replied.

Deputy Herrington, however, quickly settled this issue.
Walking around the grave in ever-widening circles, he came
to a clump of sea grass. On its edge was a large pool of
dried brownish substance which the coroner said was blood.
Since it had seeped into the sand to a depth of about six
inches, there was no doubt that a murderous assault had
been launched at this spot. Now it seemed certain that
this case came under Sheriff Allen’s jurisdiction.

' SHERIFF J. T. ALLEN, who spark-plugged the inves

Not far from the grave was a large hole, the import
of which the investigators couldn’t readily establish.
From the number of footprints in the sand, however,
they figured that at least two men had done this exten-
sive digging. 3

Their thoughts ‘about identification were interrupted -

by Coroner Johnson. “You boys will have to work fast,”
he told them. “We'll have to bury the body not later
than tonight. It won’t be healthly to keep him above
ground much longer, but we'll do the embalming the

_ best we can, in case you have to dig him up again.”

When the body was removed to the morgue at Milton,
the Santa Rosa County seat, Gandy and Allen searched
their own files and those of the Pensacola city police
without finding any mention of a missing man resem-
bling the victim. (Continued on page 60)

tigation and helped bring it to successful conclusion.

KILLER: No man ever charged with murder explained

__his act less convincingly or. with less remorse.

to move at all he would have hurled him-
self overboard. He was sure that the hand
which had wielded that lethal axe was
Bram’s, although he had not been able to
see his face. :

But the mate merely came abreast of
him, growled snappishly, “Keep her on

course, you—” and then walked toward '

the bow and down the forward com-
panionway, where the second mate had his
quarters. :

The setond mate was killed that same

night, hacked to pieces with the axe, as
was also the captain’s wife, a woman who
had recently married and who was taking
her first trip with her husband.

One can imagine the next morning when
the night’s bloody work became known.
Everyone suspecting everyone else, and
each was afraid to turn his back or go to
sleep. But a meeting called by a group of

sailors fixed the blame tentatively on-

Bram. They put him in irons and turned
the ship’s prow back toward Boston.

The voyage back was three days of
hell. The crew still wasn’t sure if Bram
was really guilty or not, or if the mur-
derer, footloose and free, might not still
be among them—ready to finish his lethal

work when sheer exhaustion demanded
sleep, regardless of the danger. And -al-
ways, when they looked’‘astern, there was
the tarpaulin-covered longboat trailing,
with the three dreadfully mutilated bodies

in it. *

HE TRIAL of Bram was a long one.

He-was finally found guilty and sen-
tenced to hang. But, as many people, in-
cluding attorneys who had attended the
trial, still had lingering doubts of his guilt,
the President commuted his sentence to
life imprisonment. If he were later proven
innocent, it would then be possible to give
at least a part of his life back to him. |

Well, as the prison warden had pte-
dicted, Bram was paroled in 15 years. “An
ordinary man,” he told me proudly,
“would have left Atlanta at once and
gotten away as far as possible. But”—
and here he drew himself up proudly,
“Tom Bram is not an ordinary man, as
you will see.” ay

I did. With the few dollars he had
laid by, he opened a “hot dog” stand in
a downtown section of Atlanta, “sleep-
ing on the floor among the rats,” he told
me, in order to save room rent.

He saved his money and opened
another stand. And then another. Every
time I went to Atlanta, usually three or
four times a year, we would have lunch
and spend several hours- together. Every
time, I found him further advanced
financially. He bought a small apart-

ment house, married, and moved into-

one of the apartments with his wife.
He seemed to get along well with her,
had earned the respect of the people of
Atlanta, and appeared set for a happy
and prosperous latter half of an adventur-
ous and unhappy life.

But the call of the sea was too strong.
He had played around it in St. Kitts al-
most frem the time he was able to
toddle, and he had shipped as a cabin
boy in his early teens. He bought a
schooner and started to engage in a
coastwise lumber trade.

But on his very first trip north, the
ship ran into a terrible storm and
foundered at Cape Hatteras with the
loss of all on board.

Old sailors, who had always: believed
him guilty, shook their heads when they
heard the news of his end. “Davy Jones
got him at last!” they said. ~ eat

CACHED
CORPSE

‘(Continued from page 39)

“You’d think someone would be making
queries after eight or ten days,” Gandy
said, “but apparently no one has. I’m
afraid this fellow may be a transient, one
of the thousands we get down here every
winter. If that’s the case, then. you're
really up against it, Joe.” ;

Allen nodded grimly. “I’m afraid we’ve
got a real headache in this case.”

“Cheer up,” Gandy told the Santa Rosa
sheriff. “The newspapers’ll go for this yarn
in the moming. Someone may come for-
ward and give us a lead. You can have
Herrington to work with you, and my
whole department will pitch in, if neces-
sary.”

Allen voiced his appreciation. “We'll
need some kind of a break if we’re going
to crack this case,” he said wryly..

The “break” came as Gandy expected
it. Around eight o’clock the following
morning, a young man visited the Es-
cambia County jail and found Deputy
Herrington there. He identified himself as
A. B. Tomms.

“My wife and I have been reading
about that dead man in the paper,” he
said, “and she thinks the victim might
be her uncle, A. E. Nall.”

“Why?”

“Well, the description, though sketchy,
fits. And he hasn’t been home since Sep-
tember 16.”

Herrington took a bundle from a
drawer and dumped the murdered man’s
underwear on top of his desk. “He was
wearing these,” the deputy said, “and
they look home-made. Recognize them?”

Tomms shook his head. “No, but my

60 wife might. She used to have Mr. Nall’s

underwear done in the washing machine.”

In response to Herrington’s questioning,

Tomms said Nall came originally from
Alabama, where he and his wife had
been divorced two months ago. Since that
time, he had been staying in Pensacola.
Occasionally, he made trips lasting days
at a time, but he always returned to pick
up his mail, however.

The last time they had seen him was
around seven o’clock on September 16,
when he had arrived at the Tomms house
in a maroon-colored Chevrolet sedan with
a gray-haired stranger. He found a letter
containing a check for $15, and he asked
Tomms to go downtown with him and
endorse it.

The stranger sat in the back seat, and
the nephew didn’t pay much attention to
him. “I was introduced,” Tomms said,
“but didn’t hear the name plainly. The
man was in the shadows, so I didn’t see
him clearly. However, I’m sure he was 50
or more years old.”

After the check was cashed and Tomms
-‘taken home, Nall said he and the stranger

were going on a trip. “We're doing some
digging,” the uncle had declared.

Digging? Herrington, remembering the
large hole on the beach found near the
corpse. Tomms didn’t know. Nall had
been mysterious about a lot of thirigs re-
cently.

“For instance,” Tomms said, “he was
carrying around $500 in five one hundred-
dollar bills, but he never told us why. We
understood, though, from what he said
from time to time, that he was interested
in backing some project.”

Herrington was more interested in
Nall’s mysterious project than he let on,
and he knew that Gandy and Allen
would be, too. But first there was the need
to establish identification positively. He
asked Tomms if he would be able to recog-

nize Nall’s decomposed features if the -

body were exhumed.

“Did Nall have any distinguishing char- -

acteristics by which we might identify
him?” he asked the man.

Tomms noddeg. “Yes,” he replied. “A’

few years ago, Mr. Nall fell from a bridge
near Century, Fla., breaking his right hip.
A doctor there wired the broken bones to-

gether, but after that Mr. Nall walked

with a decided limp. I’m sure the break
and the wire would show up in any
X-ray.”

The deputy thought so too. He phoned
Sheriff Allen and received instructions to
accompany Tomms and his wife to Mil-
ton on the following day, when the body
would be taken from its grave. Allen said
he would notify the Century doctor to be
on hand.

Thus, within 48 hours after the beach
corpse had been uncovered, the victim was
definitely proclaimed to be A. E. Nall by
the relatives and the physician who had
performed the hip operation.

The doctor brought along his X-ray

pictures, taken at the time of the acci-
dent, and these included one of a heel
deformity caused by the fall. The vic-
tim’s heel had such a defect.

Allen and Herrington, after the relatives
and physician had left, sat down to mull
over the story told by Tomms. Additional
questioning had failed to shed any light
on the stranger who had been with Nall
on September 16 or the nature of the
project in which the dead man had been
interested. :

However, two important leads had come
to light: Nall’s 1929 Chevrolet sedan was
missing and could be presumed to be in
the possession of the killer, and a sum of
money, undoubtedly taken from the vic-
tim along with his clothes, was in such
denominations that it could be traced.

“We'll shoot out an alarm for that

car,” Allen told Herrington, “and notify |

banks and merchants to be on the look-
out for anyone cashing hundred-dollar
bills.”

Allen and Herrington then discussed’
, Nall’s reason for traveling about with the

“gray-haired stranger.” Or possibly he had
been a stranger only to Tomms, The

murder victim, from what Tomms had

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could offer for such a crime was the
fact that the dead man was known to
have carried large sums of money on
his ges

Allen finished by saying that he
was convinced neither Hall’s former
wife nor any of the prone he talked
with in Alabama had anything to do
with the murder on the beach.

“If robbery was the motive,” Depu-
ty Herrington said, “the killer must
be in possession of ten new $100 bills.
It won’t be easy to dispose of them in
this part of the country without being
noticed.” ;

The sheriff suggested that this lead
be followed. He would concentrate on
Milton and Herrington would do the
same in Pensacola. That meant calling
on banks, retail stores, filling stations,
hotels, tourist camps, restaurants and
all other places where large bills
might be passed. ‘

The detectives spent three days in
this canvass, but came up with no
clues whatsoever. As far as they could
find out there had been no such bills
tendered by any strangers or sus-
picious characters.

They were looking for a heavy-set
man with a deep scar on the right
side of his nose and $100 bills in his
pockets. Since they could find no
trace of such a person in the vicinity
they reasoned that he was an out-
sider who had perhaps committed the
crime and then holed up somewhere
in his home territory.

“Hall had been in Pensacola only
two months,” Allen said. “He used
that city as a base for his business
operations. Somewhere along the line
the wrong kind of person found out
about that money he carried. Maybe it
was someone he tried to do business
with or it could have been some hitch-
hiker he gave a ride. His nephew, To-
bin, gave me a list of some of the
places Hall visited. He was in Panama
City on his last trip. Let’s begin there
and cover all the other spots he’s
known to have visited.”

Herrington said that would take
quite a while, but could offer no bet-
ter plan.

They called on Sheriff O. E. Hobbs,
of Bay County, in Panama City, 125
miles to the east, the following day.
A thorough check of the criminal files
was made and when this produced no
results the Bay County sheriff called
in his son, Steadman Hobbs, who was
also his chief deputy.

“Steadman,” the sheriff explained,
“is in close touch with things here in
Panama City. He’ll help you while
you’re here.”

Young Hobbs, Allen and Herring-
ton reviewed the meager clues: a
gray-haired man with a scar on the
right side of his nose. Heavy-set. Hair
parted in the middle. Could be driving
a black 1930 Chevrolet sedan. Could
be spending too much money.

This information didn’t bring any-
one to the Panama City deputy’s
mind. He suggested they check with
the local police station and the patrol-
men assigned to the downtown area.

One of these officers thought he re-
membered such a man as they de-
scribed. “There used to be an old guy
like that who hung around the Fair-
view Cafe,” he told the investigators.
“’'m not sure about the scar, but I
hear he’s been spending a lot of
money lately and making a play for
the girls.”

The foursome went to the cafe to
investigate. One of the waitresses
there listened to the description and
then nodded her head in the affirma-

tive. She looked about, then spoke.

“There’s been a character like that
around,” this girl said. “But I know
him only as Ed. I went out with him
a couple of times because he had a
lot of money to spend.”

“Was that money in big bills?”
Sheriff Allen asked.

“Yes,” the girl said, surprised. “How
did you know that?”

The Santa Rosa County officer
shrugged and asked the waitress to
tell them more about that money.

“Well,” the girl continued, “he had
several new $100 bills. I asked him
how he got so rich and he said he’d
bog sold a valuable piece of proper-
y.”

“When was the last time you saw
this man?”

“About a week ago. I’ve wondered
where he was since then.”

The waitress went on to explain
that they had gone to a movie to-
gether and later to a tavern on the
outskirts of town. “We sat in his car
and talked,” she added, “and he of-
fered me some peanuts, but I told him
I didn’t like peanuts, that cocktails
and soft music would interest me. He
said he’d see that I had both some-
time. I haven’t seen him since that
night, however.”

Sheriff Allen asked her if she re-
membered the make of car this man
drove, but she couldn’t. All she could
say was that it was an old model and
not an expensive make.

“I kidded him about offering a girl
peanuts on a date,” she continued.
“He laughed and said he got them
from the peanut man free.”

Deputy Herrington asked who the
peanut man was.

“I know,” Hobbs told him. “We'll
get to him later.”

They questioned the waitress fur-
ther and she said this man she called
Ed had come into the cafe in months
past and tried to date her but that she
had refused him because he looked
more like a panhandler than a beau.
“Then he disappeared for a while,”
she said, “and when he came back
he was all dressed up in new clothes.
He was too old to interest me roman-
tically, but he had a bankroll and I
dated him a few times.”

When they were certain the girl
could give them no more information
the investigators left. The first ques-
tion Herrington asked was about the
peanut man.

“Every city has its characters,”
Hobbs told them. “This peanut man
the waitress mentioned is a fixture
here. He sells peanuts from a push-
cart in the downtown section. He’s
harmless. Nobody even knows his
name, but we’ll find him. He could be
the next link we're looking for.”

Deputy Hobbs found him after cir-
cling through the center of town. He
was an old fellow with a kindly ex-
pression on his face and gave the
impression of having seen better days.

The first thing Sheriff Allen and
Deputy Herrington noticed about him,
however, was that he was wearing a
pair of old gray working pants with
a triangular patch above the left knee.

They mentioned this to Hobbs and
the Panama City deputy asked the
old man where he got the pants.

“Ed Bradley gave them to me about
a week ago,” he said. “Why? Is there
anything wrong?”

Hobbs said there wasn’t, but asked
who this Ed Bradley was.

The peanut vendor said Bradley
had first appeared in Panama City a
couple of months before. He had

stopped a

of nuts. B

no money

“He tol

work,” 1

couldn’t fi

and took
sleep the:

Ed Brac
man’s pla
started lo

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He disay
and then
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“He dic

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about it. I

changed. EF

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Florida executes man in drug slaying

By RON WORD
Associated Press Writer

STARKE, Fla. — A man con-
victed of stabbing, beating and tor-
turing four drug dealers who came
up short in a cocaine deal was put
to death Tuesday after the U-S.
Supreme Court rejected argu-
ments he was framed.

Bernard Bolander, 42, was pro-
nounced dead 10 minutes after his
electrocution at Florida State
Prison near Starke.

The normal time is four to five
minutes, and there was no imme-
diate explanation for the delay. |

Before he was strapped into the
chair, Bolander praised his final
team of lawyers, who had argued
before the high court that Bolan-
der was framed by a co-defendant.

The justices rejected the
appeals about a half hour before
he was scheduled to die.

“They presented evidence and
testimony that could have made
me a free man. But it came too late
for me,” he said.

Bolander’s attorneys said they
had obtained statements last week
from four prisoners who said co-
defendant Joseph Macker admit-
ted framing Bolander while in
prison.

Macker pleaded guilty to sec-
ond-degree murder and is now
free; a third defendant in the case,
Paul Thompson, 49, is scheduled

_ to be released from prison in 27

months.

_Bolander was condemned for
the 1980 killings of John Merino,
Scott Bennett, Rudolfo Ayan and
Nicomedes Hernandez.

They were to sell 44 pounds of
cocaine to Bolander, Macker and
Thompson at Macker’s house but
had only two pounds with them.

The victims were forced to strip 1994.
EXECUTION:
s Be Bo
C chair for lander, 42, dieg in ,
rin eNOUBh cocaine to set YS OF four men wis ieee |

and then were stabbed, beaten
with a baseball bat and tortured
for several hours.

Macker testified that Bolander
used a hot knife on one victim’s
back.

Merino was still-alive when all
four were placed in the trunk of a
car that was doused with gasoline
and set afire on a highway ramp,
court records show.

The jury that convicted Bolan-
der recommended life in prison,
but Dade Circuit Judge Richard
Fuller imposed four death sen-
tences.

Bolander was the 289th person
executed in the United States and
the 34th in Florida since the
Supreme Court allowed restora-
tion of the death penalty in 1974

There have been 32 executions

this year nationally but Bolander’s -
was the first in Florida since April '

during a 1980 q
—_ eakt : Tu
ench fri and f ; 1S-ccnine st ith Included ane
€xe€cution since A in fres Peaches. It Wes mushroo
is Pril 1994. On Orida’s first

nOW free; another is io 5 e ren tplea

ded uilty

be re] in 27 m onths,

reuteg “saIqNaIOg

G66L/9L/2Z (98d) dSTI °oeTe feqytym fp

-d to snuff out
nor the fine-
tated her legs
investigators.
erg, unable to
ull money, sits
waiting a trial

homicide men
murders of the
borough, and
Vicastro—who
expressed an
e Jersey City
‘implicated in

nce tying him
prostitutes in
1's Lower East

Rudy’s house
and the door
isual,

ext morning,
dy’s son tele-
Bennett’s car
He wanted to
was. Rudy’s
ally phoning
he call came
iid he found
olice finally
ears. He told
pproximately
16,000 on the

o good leads:
-aulie, andan
nue in Fort
600 a month
rhood.

nied by Det.
ed for Fort
re midnight.
n almost two

le two inves-
women anda
men and the
and son, also
» other girls
) said she was
‘plained, was
yrding to the
concern that
’ TV and the

as told that
) live at his
f jail, and
1ad moved in
ton January
ary 4 or 5.
about 11 or
'. The girls
from photos
after dark
7and9 p.m.

By now, the case was into its second
day, January 9. A check on Alexander
Solo revealed he was also known as
Bernard John “Bo” Bolander or Bolen-
der. And he had a PSD identifica-
tion number. Even better, the
technical section which had been tedi-
ously eliminating prints from the
many latents lifted from the death car
and one footprint found on the body of
one of the victims, made a positive
match of a latent taken from the car’s
trunk with a standard of Bo’s on file.

Encouraging, but not yet enough for
a court case. Records showed Bolander
was on probation for federal and state
narcotics violations. Federal Parole Of-
ficer Richard Miklic told Det. McEl-
veen that one of Bolander’s close as-
sociates was Joseph T. Macker, 42, a
former bail bondsman with a police rap
sheet dating back to 1957. Miklic said
Bolander had given him Macker’s ad-
dress as a possible contact point.

McElveen decided to put the Macker
residence on NE 6th Ave, Miami, under
surveillance. It was a single family, one
story, concrete block dwelling with red
trim. Detectives watched it round the
clock in teams.

On January 10, McElveen and Sgt.
Jackson visited Bolander’s fancy
home in Fort Lauderdale, but: got
nowhere. Bolander told them he had
only known Merino since he got out of
jail in December. A mutual friend had
asked that he give the Colombian re-
fuge. “How about putting him.up until
he gets on his feet?”

Bolander denied that he was even
acquainted with the other three vic-

tims and said he had never seen a vehi-:

cle like the white over blue Monte
Carlo. :
On Friday, January 11, the inves-
tigators got a break. A family of
three—husband, wife and grown son,
showed up at headquarters. All three
worked different time schedules, but
when they put their experiences to-
gether, they decided police would be

interested. For three years they had |:

been neighbors of Macker.

Some kind of party at Macker’s the
night of January 7-8, with much com-
ing and going of vehicles and people
was nothing unusual there. Around 4
a.m., the elder man said, he heard a

- moaning sound, which he described re-

peatedly as “a man’s dying moan.” He
insisted that during World War II he
had been in a foxhole next to a man who
died making exactly the same sounds.
He said the sound was distinctive and
unforgettable.

This eerie noise was accompanied
and followed by other noises of great
activity. He peered through his window
but his view was restricted by an inter-
vening tool shed so that he could only
see a part of the sidewalk and street.
But he heard “much commotion,” voi-

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ces, a car trunk slam, a car door close,
vehicles driving away.

McElveen listened attentively. The
burning Monte Carlo had been found
less than a half mile from the Macker
house.

The next day, January 8, the former
bail bondsman’s neighbors reported,
they saw loads of carpets in a van
parked next door. Shown photos of var-
ious items of evidence which had been
collected, in particular the wrapping
found around the bloody corpses, the
elderly man’s wife identified the orien-
tal rug which had covered the victim on
the death car’s back seat. She told
police she was positive it was one she
had seen displayed at a Macker garage
sale about a year before.

McElveen swore out an affidavit and
Judge Wilkie Ferguson granted a
search warrant for the Macker resi-
dence. Detectives found $9,877 hidden
above a kitchen closet, but they turned
up less than a pound of cocaine, al-
though the victims were supposed to
have had two kilos of the white powder
and $18,000 to $25,000 when they went
to the Macker residence.

Gerald Reichart, heading the techni-
cal team, was more productive. He
found photos taken in the Macker
house at an earlier date which showed
the crushed blue velvet spread that had
wrapped one victim and the burnt
orange spread which had been a wind-
ing sheet for another. A blue print
sheet still in the house was similar to
one that had bound a tortured body. A
black-brown-white sheet that had been
twisted around one corpse’s waist
matched a mattress still on a bed in
Macker’s house. Some gold carpeting
remaining was consistent with that
found in the death car. The mat was
found to be a white sheet with tulips
which had been knotted around one of
the Monte Carlo’s gory passengers.
There were white and orange “beans”
dribbled all over the Macker home, just
like the ones that had spilled out on the
morgue floor.

Reichart also turned up tablets
stamped “Rorer” in a jacket pocket,
presumably counterfeit Quaaludes.

Macker was arrested on charges of

murder one and armed robbery the
night of January 12, and Bolander was
taken in custody the following day. -

Through repeated conversations and
return of the seized money in time to
meet a mortgage threatened with
foreclosure, McElveen managed to
convince Macker’s wife she should per-
suade her husband to make a state-
ment. On January 18, he did.

The former bondsman told detectives
that on January 7 he had been
awakened by a phone call about 5 or 6
p.m. He had gone to Paulie’s, returning
home about 10 or 10:30 to find Bo, his
wife, and Paulie at the house besides

his own handyman. None of them had
been expected, and Bo kept muttering,
“The man should be here.”

Shortly after, a man he later recog-
nized from news pictures as Rudy ar-
rived carrying a “little shoe box.”

‘Macker asked Bo, “What’s this all
about?”

“Don’t worry,” Bo replied. “It'll be

ood.” :

“In the back bedroom, Rudy, Merino,
Bo and I were talking,” Macker said..“I
wasn’t paying much attention until Bo
said, ‘Mr. Macker has the money.’ I be-
lieved then they were talking about a
cocaine deal. I heard Bo asking, ‘Where
is it?? They were all looking at each
other. I left the room and Paulie left the
room and went outside, and caught
someone in the bushes.”

From later news photos, Macker said
he now realized the man skulking in
the bushes was Bennett. Macker told
detectives, “I asked, ‘What’s going on?’
Paulie said, ‘He’s with them,’ and
walked Bennett into the house. I fol-
lowed.

“In the bedroom, Bo had a gun on
Merino. Bo said, ‘It looks like they
came to rip us.’ I asked, ‘Rip us from
what?’

“And when we walked Bennett i in, he
said, ‘I got the package.’ He opened the
little shoe box and showed a brown bag.

“Then Bo put them on the floor, all
three with their clothes off... Now my
words were, ‘If these three are here,
how many more are out there?’ So
Paulie and I went out. There was
another man in a Chevrolet parked
right.across the street, driving back
and forth in the Monte Carlo which to
me it looked bluish, dark bluish or
maroonish or bluish. At this junction,

you know, it doesn’t take an expert to’

figure out what’s going on. I got very
scared, because, zou know, all these
guns. é —~

“Bo was yelling, “Why you bring all
these people over here? There’s sup-
posed to be one person coming over!’ I
saw him kick Rudy in the head.
Rudy was trying to say something. Bo
yelled, ‘Shut up!’

‘Bo,’ I asked. ‘What are we doing
here? I got my wife in the other room”

“So many people were coming in and
out. I got a rag to wipe:the guy’s head.
Bo pushed me out of the way. ‘Leave
him alone! This is what they would do
to you, We got a deal going here and
they disrespect you with your wife.’

“When Bo came in the house, he had
two guns. He showed us. I was flipped. I
mean I couldn’t believe that this was
happening i in my, house, you know wnat
Imean? | —

“The guy in the auto had not come in.
So with a gun on him, Bo gets John
Merino up and dressed to go lure him
in. Bo is kicking these people like a
football game, you know what I mean? I

had taken out a gun of my own and put
it in my pocket,”

The man in the automobile “a big fat
guy”—was “lured” into the house.

“Paulie took a knife out of the kitchen .

.. He brought me another gun and some
money, rolled up. It looked like hun-
dreds. I laid it on the table .. . Paulie
was saying, ‘You know what we have to
do.’ I was flipped. Paulie said, ‘Well,
come on. We'll get it straightened out.’

“What flipped me was that we had to
murder them or they were going to
come back and murder me and my wife.
Why? Because of what Bo done to them
already, put them on the floor and
started kicking them and things of that
nature.

“In the bedroom, Bo was screaming
up and down like a madman .. . He
asked for tape and I gave him gray
masking, air-conditioning tape. He
taped them up while me and Paulie
held the gun on them: mouth, hands,
legs...

“This ain’t something occurs every
day. Bo says, ‘Go get a bat.’ My wife
keeps a little bat in her car in case
anybody bothers her...

“Bo told me to get sheets and blan-
kets. I opened the closet door. He told
me to hold the gun on them and he got
the sheets and some type of oriental rug
and wrapped them up...

“He told me to get him a knife. ’m
very naive at certain things. I went and
got a kitchen knife.”

Macker told police he was sent from
the bedroom at this point. “I heard like
screams and yells,” he said.

Macker related how he urged his
other guests out of the house, explain-
ing the noises as “nothing. Someone
tried to come and kick my wife in the
stomach.” The guests left.

Back in the bedroom, “Bo gave
Paulie the bat and told him to keep
them quiet. Paulie hit them in the
head. Bo handed me a pool stick, ‘Keep
Merino quiet,’ he said. I hit him in the
head.

“Bo kept saying, ‘Where’s the money,
the cocaine?’ He cut and stabbed them.
I seen him shoot somebody in the leg.
There was a big gush of blood. I never
saw anything like it in my life. ‘All over
the rug.

“Tt had to go on for at least two hours.
Bo kept asking each one, ‘You got
money at home?’ . . . The noises never
stopped...

“They used a bean bag (to wrap one
victim in). Emptied all the stuff in the
tub. Like from dolls, or stuffed animals,
pond round. Bo stabbed them thrpugh

e t. 7%

When the Monte Carlo was backed
into Macker’s driveway, ready for load-
ing, “they were still kicking. We put
two in the trunk and two in the car.
Their personal stuff was put in a bag

with the bat and everything else, wal--

lets, etc
car wit
“They
gas int
some p
girl sta
blood «
draggi:
draggec
cars ..
nutes, t
“Whi:
“"“We
everybc
“Paul
on the
They h:
They p
Cadilla
Thunde
in a pa
They sz
“Are
said, ‘|
shot on
Mack
guns h:
lake ab
scene.
Underv
the bag
On
Macker
murder
Judge }
a polyg
testimo
receive
On F
Boland
death s
sion w:
court re
lifying
senten
and arn
“It w
most he
County
Attny
handiw
Boland
ally con
murder
New:
offered
victims
after t}
you wa
Paul
the qu
judged
declare
Therefi
cent ur
He has
stitutio

The ;
used be
in her {

nd put

big fat
house.
tchen.
dsome
e hun-
Paulie
rave to

‘Well,
d out.’
had to
ing to
Ly wife.
o them
or and
of that

‘aming

. He
n gray
oe. He
Paulie
hands,

every
ly wife
n case

1 blan-
le told
he got
ital rug

ife. ’m
sntand

it from
ird like

zed his
xplain-
ymeone

in the

) gave
to keep

in the
‘, ‘Keep
1 in the

money,
d them.
the leg.
I never
All over

) hours.
ou got
s never

‘ap one
f in the
nimals,
hrough

backed
or load-
We put
he car.
1 a bag
se, wal-

eee See es

lets, etc. I believe the bag was but in the
car with the bodies .
“They cut up my hose and ayoheiaes

gas into a yellow plastic can. They got
some perfume bottles belonging to a;

girl staying at the house.. There, was
blood all over the place. They’ were
dragging them, and wherever they

dragged there was blood. They took two.

cars ... Returned in eight or ten mi-
nutes, tops.

““What the hell did you do?’ I asked.
’ “*Well, it’s done. We murdered
everybody.’ Bo said.

“Paulie pulled all the rugs up. Bo laid
on the bed like nothing happened .. .
They had broke the tip of the knife off.
They put that and the guns in my
Cadillac . . . and we took (one victim’s)
Thunderbird to 187th Street and left it
in a parking lot with the engine on.
They said that knocks off prints . . .

“Are they still alive?’ I asked. Bo
said, ‘I don’t know. I stabbed them. I
shot one.”

Macker showed detectives where the
guns had been jettisoned into a small
lake about 100 yards west of the crime
scene. Sgt. Duckworth, head of PSD
Underwater Recovery Unit, retrieved
the bag of weapons.

On Monday, April 14, 1980, Joseph

Macker pleaded guilty to second degree

murder acceptable to Circuit Court
Judge Richard Fuller on condition that
a polygraph test be given to prove the
testimony he gave was the truth. He
received 12 concurrent life sentences.

On Friday, April 25, 1980, Bernard
Bolander received four consecutive
death sentences. Judge Fuller’s deci-
sion was aimed at preventing a high
court reversal of one sentence from nul-
lifying the others. Eight concurrent life
sentences were added for kidnapping
and armed robbery of the four victims:

“It was one of the most brutal .
most heinous torture slayings in Dade
County history,” remarked Asst. State
Attny Abe Laeser. “And it was the
handiwork of only one man, Bernard
Bolander, the ring-leader, who person-
ally committed each of the drug-related
murders.”

Newspapers reported that Bolander
offered to pay for cremation of one of his
victims. Calling the widow the day
after the murder, he asked, “How do
you want him, regular or crispy?”

Paulie—Paul Thompson—prior to
the quadruple murders had been
judged insane by a federal court and
declared incompetent to stand trial.
Therefore, he must be considered inno-
cent until a jury can decide otherwise.
He has been committed to a mental in-
stitution. @

EDITOR'S NOTE:
The name Sally is fictitious and was
used because there is no public interest
in her true identity.

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(Continued from page 9)

calmed down, Allen requested more informa-
tion about. Nall.

“Uncle was a man who’d worked hard all
his life, mostly as a small contractor,” James
said. “At 60 he decided to retire and spend
the rest: of his life fishing.” :

Allen was silent for a moment. “This man
in the maroon car,” he said thoughtfully.
“You're sure you’ve never seen him with
your uncle before?”

“Never,” James said. “If uncle had met him
here in Pensacola, he’d have brought him
home once in awhile. But he never did.”

“Your uncle married?”

“Divorced,” James said. “Two months ago.
My aunt lives in their former home in Anda-
lusia, Ala. But he hadn’t been back to see
her or their son for months.”

His caller gone, Allen reported the identifi-
cation to Sheriff Gandy. “To make sure
it’s Nall,” he said, “I’m sending for the doc-
tor in Century who wired the hip.”

“Good idea,” Gandy said. “Keep me posted.”

A call to Dr. Trellis, brought immediate
cooperation. At 9 the following morning the
doctor was viewing the corpse at the morgue.

“It’s Nall, all right,” the physician said,
after a thorough inspection. “I couldn’t be
mistaken. However, I'll check with . the
X-rays I took of Nall’s injuries.”

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films and held them up to the light. “The
X-rays confirm my opinion,” he said, gravely.
“No doubt about it.”

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EANWHILE, working on his own,
Deputy Herrington had added a fact or
two to the sparse data on the mystery. Pro-
ceeding on the theory that if Nall and his
companion had gone fishing they would have

‘needed bait, he had made the rounds of the

bait dealers located near the bay where the
body had been found. The first 14 calls were
duds, but at the fifteenth he found C. L.
Barnes, who remembered selling a supply of
minnows to an elderly man on Tuesday, the
seventeenth. The man had remarked that he
intended to do some fishing in the bay.

“Was he alone?” Herrington inquired.

“Yes,” Barnes said. “However I closed up
shop at 2 o'clock to get in a little fishing of
my own and ran into this elderly fellow and
a friend of his on the beach!”

“Remember what he looked like?”

“Close to 50, I’d say, with gray hair,. nice:
features, and a slight limp. He was wearing
blue trousers and a plaid shirt.”

“And the man with him?”

“All I remember,” Barnes said, “was that
he was missing part of his left index finger.
And his stare was as cold and hard as a
snake's.’

Back at the office, Sheriff Allen listened .
with mounting interest to Herrington’s story.
As soon as his deputy finished, he called
Gandy.

“This stranger with the hard stare that
Barnes saw is probably the same man James
noticed in the maroon sedan,’ Gandy re-
marked. “It might not be a bad idea if you
took a run up to Andalusia and had a talk
with Nall’s widow. She might remember the
man with a hard stare if she ever ran across
him.”

“Tt’s worth trying,” Allen said. “I’ll leave
for Alabama first thing in the morning.”

At Andalusia, Allen lost no time in hurry-
ing out to the Nail residence. Mrs. Nall, an
attractive, well-bred woman of about 40, re-
ceived him courteously,

Allen came to the point. He was anxious,
he explained, to get a lead on a fishing com-
panion of her ex-husband’s, a man with a
hard stare and a shortened left index finger.

Mrs. Nall shook her head. “If this man was
a friend of Arthur's, I never had the pleasure
of meeting him,” she said. “However,-Arthur
was so fond of fishing that. it could have been
a chance acquaintance. He was the kind of
fisherman who hated to fish alone.”

The interview with, Mrs. Nall over, Allen
launched the second phase of the local investi-
gation. Wives, he knew, were often the least
reliable source of information: Neighbors,
fellow townspeople, and local gossips were,
on occasions, much better bets.

Three hours of industrious bell-ringing
netted him a faint lead. Three or four close
friends of Nall’s told him that while Nall.
never consorted with bums or shady charac-
ters, he was a pushover for a hard luck story. -
He might have run into some character who
was down on his luck and invited him along
on a fishing trip.

Allen caught the next train home. He
walked into the office the following morning
and found Herrington already at work. The
telephone rang.

“For you,” Herrington said. “It’s Gandy.”

Allen listened for a moment. “Okay,” he
said. “We'll be right over.”

“Gandy pick up something interesting?”
Herrington inquired, as he followed Allen to
the car.

“Looks like it,” Allen answered. “He said
he’d explain everything when we got there.”

N HOUR LATER Gandy was making
good his promise. ““While you were gone
Foster and I took a run out to James’ house
and collected all the mail Nall had received
recently.” He scattered a thin sheaf of opened
envelopes fanwise across his desk.
“Look mostly like bills.” Allen said.
Gandy nodded. “Bills and circulars. The

bills are receipted, too, all but one.” He
shoved a yellow envelope toward Allen. “It’s
a bill for fishing tackle purchased from Bang-
ley’s Sporting Goods Company in Panama
City, and dated September 14. What interests
me is that out of nine letters, six are post-
marked Panama City. That could indicate it
was his favorite fishing spot.”

Allen motioned to Herrington. “Panama
City’s our next port of call, You'll be hear-
ing from us.’ x

‘In Panama City, Allen’s first visit was the
sheriff’s office, where» he told his story to
Sheriff O. E. Hobbs. Hobbs and his son,
Steadman, who served as his chief deputy,
listened with interest as Allen briefed them
on the case.

Hobbs had a suggestion to offer. “Assuming
that the killer is from here and that he was‘’a
down-and-outer whom Nall had befriended,
it might not be a bad idea if my son and I
started looking for someone who’s suddenly
begun throwing money around. You and
your deputy can try the stores.”

“Good idea,” Allen said. “We'll meet back
here later.”

Allen and Herrington quickly located Bang_
ley’s sporting goods shop. Ed Bangley, Jr.,
who acted as clerk as well as co-partner,
greeted them cordially. He listened with
mounting interest as Allen explained his
errand.

“I remember selling fishing tackle to a
customer with half a finger missing,” he re-
plied. “He had one of the hardest stares I’ve
ever seen.’

“Did he buy much tackle?” Allen asked.

“Quite a bit. Charged it, too. I looked
up, his credit. Ht was A-1.”

“What name did he give you?” Allen de-
manded.

Bangley riffled through a Jedger. “A, EL
Nall, Pensacola,” he said. “I hope he can
pay the bill. It’s for almost $80.”

“His estate can, I imagine,” Allen said
quietly. “Nall’s dead. The man you met
was his murderet.”

Bangley was profoundly shocked. “If
there’s anything I can do .. .” he offered.

“Tell us everything you remember about
oy eg who bought the tackle,” Herrington
sai

pethogh Me pondered a moment. “Come to
think of it, I ran into him again later that
evening. The night of the fourteenth, that
would be.”
“Where?” Allen asked.
“T had a date that night,” Bangley replied.
“I was taking my girl to the Bella Vista for
dinner. On my way to pick her up I dis-
covered I was a bit early, so I stopped off for

a couple of quick ones at one of the local .

taverns.”

“And you saw this man there?”

* “T did,” Bangley said. “He was sitting in
the next booth with one of the hostésses,
whom he called Sally. I overheard her bawl-
ing him out for neglecting her for the past
month and him swearing that he was about
to make a strike, after which they would make
up for lost time.”

That was all Allen wanted to hear. A
moment later the officers were on their way
to the tavern.

The place was just beginning to stir when
Allen and Herrington arrived. They located
the proprietor and told him they were looking
for ,a girl named Sally. He pointed out a
flashy blonde in a red dress who was leaning
against the bar. The officers went over.

Sally, at close range, was a plump, sharp-
eyed woman about 30. Allen wasted no time
with gallantries.

“We're looking for your.boy friend,” he
told her.

The blonde yawned. “Which one? I’m the
type who likes variety.”

“The. one who’s just made a big strike,”
Allen said.

“Why should that interest you?” she in-
quired lariguidly.

“The strike was murder,” Allen said
sharply.

The girl whirled to face them. “Murder!”
she repeated. “Why would Ed... ?”

“That’s easy,” Allen said. “The man he
killed was carrying five $100 bills.”

The girl’s hand shook as she reached in
her purse and withdrew a $100 bill.

“He gave me this for bringing him good

luck,” she said bitterly. ‘Only he said it was °

a real estate deal he helped to put over.”
“What was his name?” Allen asked quietly.
“Ed Bradley. He lives in a cabin out on

St. Andres road. You'll be able to spot it

without any trouble. It’s painted white and

has green shutters.”

It was almost sundown when Allen stopped
the car a few hundred feet past the white
cottage with green shutters. He led the way
through the woods surrounding the cabin to
the back yard. As they reached the clear-
ing he stopped suddenly.

A maroon Chevrolet sedan with the hood
up was parked in the driveway. Bent over
the engine, a man was-testing the sparkplugs
with a screwdriver.

Allen whipped out his gun. “Okay, Brad-
ley,” he snapped. ‘“You’re under arrest!”

The man wheeled, cold fury in his eyes.
One look at Allen’s .45 and he relaxed. The
sheriff noted that part of an index finger was
missing.

“All right, I’m Bradley,” he said with a
shrug. “But if it’s about what I think it is,
you're wasting your time.”

Allen motioned to Herrington, who quickly
slipped cuffs over Bradley’s wrists. Allen
headed for the cabin.

In a matter of minutes he was back, a gray
sports jacket slung over his arm. One look
at it and Bradley paled.

“Don’t blame you for looking worried,”
Allen said. “Nall’s wallet, all of his papers,
and three: $100 bills give us all the evidence
we need.”

The shovel Bradley had used both to
bludgeon and bury his victim was found in
the rear of the maroon car. Attempts to
scrape it clean had been futile and laboratory
tests revealed human blood spots.

On February 1, 1936, four months after the
crime, a jury convicted Bradley of murder
and Judge L. L. Fabinski sentenced him to
die in the electric chair. On June 29 of the
same year the sentence was executed.

Like Moths to
the Flame

(Continued from page 17)

speared a paragraph that made him sit bolt
upright... “Inez Brennan, RD3, Dover, Del.,
age 44, weight 150, height five feet, five
inches. black hair, brown eyes; Baptist ; high
school education; farmerette; income not
stated; widow, ino dependents; she owns her
own home and car. She prefers living in
country. Hobbies are raising | chickens,
flowers, and gardening. Men 44 to 60 years
of age write and learn more. She will an-
swer all letters.”

For several seconds the detective merely
stared at this notice. Then he reached for a
telephone. “I think I know who’s lying
now,” he told Cochran. “The sad little wo-
man from Horsepond Road.”

Swiftly he reeled off the contents of the
inviting paragraph. “Get it? .The circular
is dated March 17. Three days ago on March
28, she said she didn’t bother with. these
lonely hearts clubs anymore: And this stuff

about being a wid
ing.”

“Maybe it’s no m
Cochran, his voice
simply trying to

still on the warpath

are like that.”

Nevertheless, he
tracted examinatio:
ground.

The discoveries
tended to smother
Mrs. Brennan’s ac
paid her bills reg
with decorum, boug
a keen eye for m
parently ran the |
ciency.

Then, late on t!

came a completel)

ment that within a
stir the Delaware
activity, and later
or of teletype war!
departments throug

At a little after
identified themselve
Wende from Chic
themselvés at Troo
asserted they war
suspicious circumst:

They were quic!
Lamb’s office, who
their story.

“Well, it’s about
Schultz,” began W:
farm—at least he «
—near Epsom, N.
right near there.
many years. The
shortly after Chris:
going to marry a \
woman by the nan
He was a widow
seemed convinced
good wife.”

Wende asserted
visited them, but
formed them of I»
never came again
had stopped at h
serted, with all th:
building locked an
erwards they ha
Florida. During
thought of Schultz
visit on the way hb

Mrs. Wende the
didn’t have muc!l
Brennan’s farm. |
asked if Hugo w:
he was on his wz
merely dropped by
nan appeared ver)
Hugo’s last name
said she never he:
pulled out a slip of
ten on it, and he:
pale. Then she sa
ing to a man by
longed to a lonely
tainly had never
But what trouble
hardly knew him
gotten dozens of
there’s not a soul
seems to know w!

Wende explaine
to ignore them s
Lamb, his jaw gr:
The name Brenn:
often with stories
reached for the t

There was son
in touch with stat:
cord. He urged
check at the Sc
rounding area an

iiarpst had been
crub palmetto a
.d beach. It ‘was
‘tember day, and
in following the
.arply silhouetted
exico.
distinguish every
. complete loss to
tions. An experi-
ow there were few
tretch of beach on
_ time to time the
iit and cast a line

done for the main
coped man -with a
ce. It was he who
1. He’d dig for a
‘ looking anxiously
about two or three
juld stop and: lean
id made for several

nversation, and the
iigging. Only once
ect from one of the
hind the palmettos,
i old teakettle. He
a fellow” with the
‘me moments, then

walk back to their tiny campfire where he placed it beneath
a strip of old canvas.

A small cloud passed between the sinking sun and the
spot where Harpst crouched. The silent watcher glanced
at his wristwatch and noted that it was ten minutes past
four o’clock. He was due back home before five and had a
two-mile walk ahead of him.

‘As Harpst turned to walk pack to his shoreline home

four miles east of Pensacola, he wondered if the two
strangers could be seeking buried treasure. It wouldn’t
be the first time men had: sought the loot of hurricane-
wrecked vessels along that stretch of seafront.

It was on the afternoon of September 19th of 1935 that
Harpst watched the two men digging in the sand. Exactly
ten days later another resident of that region stood on the
same stretch of lonely beach with thoughts of buried
treasure in his mind.

This time the seeker of hidden wealth was a five-year-
old boy. He’d come to the beach with his ag oon Mr. and
Mrs. R. T. White, who lived on the Gulf States Coastal
Highway midway between their picnic spot and the little
town of Milton, fifteen miles to the east. While his parents
started preparing the luncheon, little Bucky White wan-
dered off down the beach, fully expecting to find not only
treasure but at least a trace of the pirates he knew had
hidden it there.

Bucky White never found his hidden gold. But he did
discover what he firmly believed to be evidence that one of
those old pirates was still there on the beach, guarding in

_death the treasure he’d brought there.

Bucky’s discovery came when he’ literally stumbled over

POLICE SOUGHT THIS MAN FOR QUESTIONING—
Edward Bradley (above) had gone fishing with the
victim shortly before he was discovered murdered.

a blanched human hand that protruded from a low mound
of sand some twenty feet from the water’s edge. ;

Without investigating further, the child ran back to his
parents. It was some moments before he could persuade

‘them that the story he told was not a figment of his over-

active imagination. Finally, the father agreed to walk
back along the shore to see the pirate’s pointing hand.

Ten minutes later White was’ running breathlessly up to
a roadside filling station a quarter of a mile ay na
trembling voice he put through a telephone call to the office
of Sheriff H. E. Gandy at the Escambia County Seat in
Pensacola.

“Better get someone out here right away!”. White cried
excitedly. “‘There’s a man buried in the sand on the beach.
Been dead some time, judging from the condition of his
hand. wit’s been exposed by the tide washing up over his
grave.

Sheriff eogre fi checking the spot described by White,
realized that it lay. just across the Escambia County line in’
Santa Rosa County. Before leaving for the scene he put
through a call to Sheriff Joseph T. Allen in Milton.

And half an hour later White was waiting on the beach
near his gruesome find when the two sheriff's, accompanied
by Gandy’s deputy, J. M. Herrington, and Coroner ya ©
Johnson of Santa Rosa County, arrived at the spot,

Within minutes the officials had dug up a badly decom-
posed body from its shallow grave in the water-soaked
sands. It was clothed in the rotted remains of underwear,
with shoes and outer garments missing. Although the con-
dition of the cadaver Was such that the features were un-
recognizable, Coroner Johnson stated that it was that. of

Lured to the lonely
beach by promises of
oe a hidden fortune, he
eh found that his death
was to be his reward

By
HAL WHITE

BLOODSTAINED LETHAL WEAPON—
First used to dig for buried treasure, this shovel
was used later by the murderer to kill his victim,

ie a ae ,
VICTIM'S BODY DISCOVERED HERE— _
“X” marks the spot where the badly decomposed

corpse of Andrew Hall was found buried in sand.

bt ei

rulf of Mexico,

against the blue waters of the
clearly distinguish every

But though
move made by the others, he

h From where Harpst crouched behind the palmettos,
' the thing they took looked like a rusted old teakettle.
er man—the “city-dressed fellow” with the
decided limp—examine it closely for some moments, then

HeArQ@vaerers Dersenys

SEP SGFS

NEGRO 1S HANGED

“OF ANOTHER

Joe Brown on the Gallows Ack-|
nowledges That He Killed |

FOR THEMURDER c=

BROWN,doseph hanged Fl.(Miami) July 3, 1914

Seg =
ou ameter
reNns

Gor:
cuts

hou “yo
of th

cont G#O
Croy

that =
the ==
men

wer. —t
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The
Unt
the

HIHLOW ONY

Charles Standford, Also
7 & Negro

“T didn't mean to kill Charlie,
Standford. [ had: nothing againat
him, but IT was half drunk when J
wept Into the tent, T had the gun,
but t had never loaded dt. f didn't
know {t was loaded.”

merniox acknowledge his guile In
Be murder of Charlie Standford as.
> banda were tled about bls hands
and feet and the black cap was place,
ed over hia head bvefore the trap was

|
|
|
|
| So did Joe Nrown, a negro, onty | ee

| AprUNK and he plunged Into eternity.

Liquor was blamed for the affair and

{
the relferated the atatement that he
had not know what he war doing, i
i Jtrown sald Chat the eherift and ble)
jdeputtes hind been Kcood to blm and
'ihat te had no complatat to aa kay:
jdbut was ready (to fo, “Toam aaved,”
1 Yue anal. 5

Fourteen minates after tte trap

wos sprung the physicians pronounr-

fd life extinet. Sherlff \\a
hand deputy NS endriexson and
4° 0y) APR. wet TOE

rn In
‘charge of Che execulton,

| More than an hone before the
tine vet. eleven ofclock, a crow of
ptbe morbidly curious gathered ont
Leite eof the fron enclosure abot the
Leatiows. and many eliimbed to the top
of the court hose, from Wiel wate
tae point the virtine cawld be seen
befofe the lever wae pithlet. One Ht
‘tle girl, white, not gore than elxht
years of are, climitwd to the topniast
tab of a trée whieh overhangs the’
inl vate and from there saw the
ead and shoulders of Rrown and.

watetiedd the preparationa for the
Vyvevacirye.

by the deputy what he wanted. he

eatd that all he destred was ham and sallts

eges fer breakfast,
(when preparations had he
{fer the haneing and x reprieve
granted at the last monyent, he had

made «a oxitnitar request when ark ec

{ur bis last wish. . &

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Paid-in-Advance Circulation Than Any Other

Daily Paper Published

OPOLIS

on the East Coast

if a

(ASSOCIATED PRESS DISPATCHES)

MIAMI, FLORIDA, TUESDAY, MAY 19, 1914.

(DELIVERED 10 CENTS PER WEE!

oer

THE MIAMI METROPOLIS, TURSDAY, MAY 19, 1914.

Poe ey

|
|:

| §
|

| §
| &

Tock UGGLING =

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cf ~oere ls Ye ae > nee o- [ae ie ence.
ceca a Ge ee &- S224 S wm f£ene eLeragsrte=>
x | ea Ao TAM Frm s oe Eeeceect-: |
; i ; bg of — es x oO Sa soe ee = a gee TD ge 3
‘ormer President of New York,} + cw SH eS eR MOO . = enug o ne e
: rob) en i 4 , «& Q go B Cc Press - : c he
N H s. 28 z a . ao aay oO: .
Yew Haven Hartford Ex- a 7, eo = ST eyk 7 soak meee th al = 7% og
. “eon Gx ; a,
ected to Make Impor- = | Paar Rsg>do ok 5 Aa” |“ eer ftses
P p 9 a7 ole: “3 a = or o so... & ; Se’ * = - —
tant Disclosures L oo) CEZaT~ BE: OVme Tc PSs Prete AL Ee
ree lee we ISSESZ 2eaovmece FSSBy Se] 2h ef apee
‘allroad Man Took the Stand Today eB) 2 a 2enneZXraag > PRU * a ~~ rw x 3 >
. . = = a) v » a ~~ = ~ vi =: Paces a: ° o . + Fs) gf Vv H
in Hearing Before Interstate Com- pound i a = = ccf a a Fe ~a Fy ds ~ -otc om . ° 3
mn gy, | ORK KE EO: Chet ez OL ae tre att pws:
merce Commission—In Proud of ged cOxgeh yr MOG 3 = ¢ —~ ce oe Sak 2 I
Hin Itel . a nd was ee a See Ae te
: 43 - Seng 8% Bs” & aon -| Soa" gs
Morgan Who Taught Him. | “4 Oe FRE gle etys ee oo . oe Og 8 |
; . @ = OV ~ oO ee a moe! j mis o «=. ¢ <a
; ., “o -£.% i ome ome? Ss pat sats
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WASIIINGTON, D. C., May 19.—- = = ee, Pho : o. oe cam co )UmMcER v ~~
id * ‘- * . — mee ’ ce- 5 wn «se a
eS ee eee Bs Pee. Poe e > Mts we SSE oP ees SH
ont Morgan, and glad to be called © ~ we Piss Sek. oc Sty C a ro] = oi oe — SSeS wes ir
Ix-“right hand man” ts Charlier 3.) [4 =. 4 2} 2 tS ‘ Soa) h6vB GCE i a -
lelen, former prenident of the New. > Ca ay oStaas c=; 8e@. Soe a oe. f= €"%p~+ E a.
_ New Haven & Hartford rall- - 6S SEES: Sa eee cia Pan eee, Cpe i"
Oat , who today took the atand be- ‘ a e o ' va “_-A (_i-—_— ° ‘ a. ° 7 ag » ‘ cd Cc * @ ‘ . . t . i
sre the Interstate Commerce com- | nS ed “Sos as Kani = - z ES aad (ed Every igneinurnts ce! weran sy tre ict umteee oars aad
uisxion to tell of the road's financia! 1 an , — , : “AN
t . . » Nay
ranxactions which have been the or —_—— Return County to Wet Column and fouth and Retard Navigation. o!
ause for much probing within the ne | scons linens
ist few months. Saloons Will Remala Closed — | | e
One hundred thousand acren of. ‘ : Dredging of the Miami river from; ¢
2

A big crowd Was -on hand “when
fellon took the stand, and he calm.{| Everglades land,

y told of his appointment first 28: miles’ frontage on Lake Okeechobee,,
known as the Henderson tract, havo
been purchased by James A. Moore
tof Seattle, Wash., a prominent capi-; |
) talist, who spent the winter {n Mi-! -
ami, according to well authenticated: +
reports in real eatate circles.
Moore’recently left for the north and

resident of the Northern Pacific
nd hin relations with J. P. Morgan |
t that time. ‘Jt waa the great finan- !
ler who promised ake him prea-
dent of the New nm. le

Mellen has den __ rated his wil-
Ingners to tell of the stock Juggling

s : ‘ s set
eit iweaty-Ave, fany Attempta Were Made to

Anide the Vote of the People,

EEEEEEEEE ETE REST

SEE, May 19.-— +.

Mr. (7 TAILLA

we The deactetetr -f pha baw

the oft-uth to the forks,
‘about three miles, will be required of. q
the atate of Florida by H

Saas government, If the ord
jynested yesterday by the rivers, and!
i harbors committees iz made. This will),
4+) be the most thorough cleaning the,
river Ban ever hea

a distance of: :

tha United; ¢

er a
r

$e tae we tet

MEDIA ACCOUNT
OF TRIAL:

MEDIA ACCOUNT
OF EXECUTION:

meruop: 9 [1409/9 TIME: AM
STAYS OF

EXECUTION:

EXECUTIONER:

WITNESSES:

RITUALS:

LAST WORDS: Cong Val&

OTHER INFORMATION:

po Count

fiasl Ceyl execuTren

Ed,

(alias Jim ROSE),
1912,

BROOME,
Florida, on January 19,

- 5 ore : Te rs ~ ee ae ae ae et. es Se =
pe wc Se $--3 : = wee 2. sce. 2 Ee SS oe 2 rhe Ce Fo) ae ; SoS Be
a og ee et ee ok ee ear ets nes ey x os ae eet ET Fa ee. ate SATIS
Binge 2 eee he egies Ree SS tats. pan eta pees ger bd Seas pier Be
~ = ; re e. 3 r 5 eee ae Sie eas
be ° Ye . a 3 ‘ : os ra pa oa? sol ore SP,
= Pe oe x <

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Stee et

ieee

ioe eg

ae Veta

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ES OS Mi

i. oh om Th fe

a Fo ¢

me eo

e eceffo}d
tae by

‘sewer

/-/9-1YL

black,

Bd preome,

}pesra’ over a

‘to the.

hanged Kissimmee, Osceola Co,.,

the jail "vere here ee
. tor Fs murder anoth
‘card me, near
about, a year 7
condemned mah ascended [ta
with ‘appar rary little fee
k,/ giv ing good ad,
His | fortitu
n he was

nade a jong ta!
tato

the ifatal drop.
en by. the fall, and |
fe was extinct.
was the first legal! execution

carried out in {his coynty. as

(ve fy

BROWN, hanged Live Oak, Fla., 7-17-1895; MITCHELL, hanged Live Oak
| on 8-1-1895; and STEVENS, hanged Live Oak on 9-18-1895,

i ceennse -vewnviN ovuURed Fibdd, Ulllbl [lbdd, HbH
‘ we re ae ea Se a ener TT oe

vs Ryberg Gispinyed the wate, and white |;
fi one pretended to examine jt closety, the
father two edged up be him and f
i with a Buce tiMet of wood struck him
: pr, a fearful blew on the head. He was
i her

knocked tneeunitie-te the floor, where

Florida Times Union
Jacksonville, Fla.,

:
§

July 18 ’ 1895, Dp 1. ike ‘Fre of. Swe wage beat him until his head was a mess | T
| in Thinking het was dead, they earried
| mand Peopic He Was him, with dimcutty, te the tep ef the

Y Sastinh ts His Maker. ear and threw him off. At this time

\ the train wae ronning att tty mites an i
heur. :

\ Twenty-four hours afterwards Ryberg

t fe} ¢eestound by M. F. Gardner, a neighbor
ae i } lux, farmer, who, Weetng that Hyberg waa Fr

he dae de alive, carried him te hie home aecar by

; a sities jand did all in his power to relieve his

sufferings, Rybery recoverrd his senses

= ed There Was Noibing 10-bit e-v-e o er]

| Th

ec Wiicate Fear. bere expired.
REP ee ee 2. : With Uttle difficulty the negroes Were

ey | [apprehended. At: the apring term af the

i Re ee circuit court they were tried befere Jude

cae BANE TD -THE FOUL CRIME White, convicted and sentenced te be
te Wd himng, ‘ .

A few days axo, through the effarts of
Attorney Gallaher, the governor granted}
a respite to Mike Bteyens, the third of Ol
“fthe trio, Major- Gallagher elaima that! ta,
there was Httle or no eviiience agntnet bear
bis ctient and that he should Rave aj ung
new trial. ft ia generality” believed here
that he~dterrves the fate of his com-
PEntons, ,

e¢ani

Tacr

| ing

i. cupation a machinist, and was a man fre

a ‘Of exceitent reputation, Bay!

| : Ce

i _ BiG BATTLE pury
i 24 F + 2

ae. . | {SePwrex -~Tam coversemnt) -

The lusargests Were Victorious.
Gen. fawtectiden KN ithed—Campec
‘ Mizveeelf Present. - ,

‘ bat pn d ecnduitiendinceinomnr oe
"i paid the death penalty _here~ to- SANTIAGO De-ctna-sIuy T—A aert-
‘nas taken -place—hetween)

5 inne extensively advertised thatia body of ,inturgents and a government
force tn the country between Manzanifio

seiMPibes 5 “iNOS TS peh-v-
iy
a x
‘

Rg ae of em
g
r
r

Cla detachment of troops, a large forc © of
insurgents “was met with The rebeis —_—
compriaed the hands of Antonio and Ineo }€9 to

DBAOWN, LHOMLE Lee,

+
hs

plack, elec.

THE FLORIDA TIMES-UNION (Jacksonville)
page 13.

Tuesday,

7 July 1953,

Negro Electrocuted
For Slaying Here

Jimmie Lee Brown, Negro. cone
victed slayer of a Jacksonville fill-
ing station attendant, was electro: |
cuted yesterday at the Florida
State Prison. Raiford.

According to an Associated Press
dispatch. Brown went to his death
without making anv statement.

The Negro was charged with fa-
tally beating John Blake Rogers,
during # robbery attempt at the

South Main Street filling station

where Brown also worked. During
his trial here, Brown said he ree
turned to the atation intending to
borrow aome money, decided to
steal it when he found Rogers

‘asleep, then killed the attendant

with a hammer when the maa
awoke.

Brown's conviction here of mure
der in the first degree. without a

recommendation for mercy, was

upheld by the Filorids Supreme

Court.

Most of killer's
final appeals
are exhausted

NS
Bernard Bolander faces WW
execution today. 77D, SQ
) (5/9
By Catherine Wilson
TH ASSOCIATED PRESS

i oo,’ MIAMI
Three federal ;courts refused

Monday to cancel the scheduled

execution of a drug dealer convict- ‘
\
SO.

€d of Killing four men whose bodies
were set afire in a car trunk, but
two appeal avenues remained Ne
open. . ™
Bernard Bolander, 42, is to face
the electric chair at 10:05 a.m. to- SS
day for his role in the attack on} «.\_
drug sellers who were stabbed and NO
beaten Jan. 8, 1980, |
The U.S, Supreme Court reject- &
€d one appeal Monday, but two oth- —
er petitions were stil] pending be- \
fore the nation’s high court. The
Florida Supreme Court and 11th /
US. Circuit Court of Appeals in At- "
' lanta had refused to intervene, +
~ The 11th Circuit delayed the ex:
ecution for three hours but denied
relief shortly after a Miami federal a . —-
judge rejected Bolander’s appeal, D G4
Bolander’s attorney, Mark Ol- =A V) O Ce l
ive, argued in Miami for interven-
tion, claiming Bolander was inno- Fy
cent based on statements from four all tll 002s (
former cellmates who Say co-de-
fendant Joseph Macker, now free,
admitted framing Bolander. i

US. District Judge Federico . SM
Moreno ruled that Bolander “had 7/; / 5 [ / q qs

not shown that a fundamental mis-

Carriage of justice . would result

from a failure to entertain his -
claims,”

Assistant State Attorney Gener-
al Fariba Komeily argued that all
of the fresh evidence could have
been obtained and presented when
Moreno heard the same Case’ in
1990. o:

Avon Park Correctional Institu-
tion inmate Clarence Muscynski
wrote an affidavit Sunday saying
he was Macker’s cellmate for five
years. Macker told him he “put a
guy on the row,” referring to Death
Row, to save himself.

“Joe was very proud of himself
for puiting this off,” Muscynski
said! '" yas wae

'Macker pleaded guilty to sec-
ond-degree murder in the Case and
agreed to testify against Bolander.

tt a nm Nee

erin lanai ata ee tae

‘

EXECUTE

continued from Page IB
warrants, Fifteen years have gone by.”

Olive said he could envision such a
case, but Bolender’s case wasn't it.

“A truly persuasive Claim of actual
innocence knows no time limits,” Olive
Said outside court.

Avon Park Correctional Institution
inmate Clarence Muscynski wrote an
affidavit Sunday Saying he was
Macker's cellmate for five years,
Macker told him he “put a guy on the
row,” referring to death row, to save
himself.

Other inmates imprisoned with
Macker said he lied to protect himself
and said he put the wrong guy on death
row.

Komeily argued inmates’ state.
ments did not meet a US. Supreme
Court test for new evidence in a death
case, saying a hearing was warranted
only on the basis of new Scientific evj-
dence, eyewitness accounts or critical

Physical evidence missing at trial.

The judge said the Statements were
“not the reliable testimony” the Su-
preme Court contemplated,

Macker pleaded guilty to second-de-
gree murder in the case and agreed to
testify jagainst Bolender. Olive said
Macker's testimony was supposed to
be allowed only if he passed a Ppoly-
graph test, but he testified anyway, and
other polygraph experts later Said
Macker flunked the lie-detector test.

Without Macker's testimony,
Bolender’s jury was left with his finger-
Print on the car trunk and therefore
not enough to Support a conviction, Ol-
ive argued,

Bolender's jury convicted him of
four counts of murder, kidnapping and
robbery and recommended a life sen-
tence, but the trial judge elevated it to
the death penalty, -

The trial record indicated three vic-
tims, Scott Bennett, Rudolfo Ayan and
Nicodemes Hernandez, were dead
when placed in the car, but John Meri-
no was still alive when the car was
doused with gasoline and set on fire.

he blames lawyers

—_— oer eee

By MANNY GARCIA
Herald Staff Writer

STARKE, Fla. — Bernard Bolender,
strapped into the state’s oak electric chair,
issued a final condemnation of his trial
attorneys and then waved goodbye to the
world Tuesday morning.

The -executioner turned the switch,
ending a 15-year saga '
that started when a drug
deal went sour in North-
east Dade and four peo-.
ple were killed.

Bolender, 42, read a
two-page statement as
his last words. Everett
Perrin, superintendent
of the. Florida State
Prison, held the. micro-
phone to his mouth. ;

Roe! I ee final Boe
part of my life. I want to. ae
tell those of you. -who Bolender:
will beeen about ‘this that there:are.__
many people li

HERALO

ike me who had attorneys
incompetent, or uncommitted, lazy or
ignorant or just too. busy to doa good |
job,” Bolender said. “And so we sit on: |
bi Row. and many of us will be killed.
enc. : é oe eas

Bolender never said he was innocent.
He long blamed his predicament on Dade
prosecutors, saying they hid damaging tes-
timony about his two accomplices in the
killings — both of whom escaped a capital
sentence — that would have led a jury to
acquit fim. «3 2.7.” po

“This was Bolender’s scheme from day
one,” Dade Assistant State Attorney Abe
Laeser said Tuesday afternoon from
Miami.

G.P. Della Fera, Bolender’s trial attor-
ney, said his client could:have avoided his
fate. Prosecutors offered Bolender a deal:
Plead guilty to first-degree murder, pass a
polygraph test and: do life behind bars.—
Bolender refused.

Bolender on Tuesday did thank his
appeal attorneys at the Volunteer. Lawyers
Resource Center for trying to save him.
“They felt I was important enough.”
Then, after the black hood was put over
his head, he waved with his right hand to
one of those attorneys, Jenny Greenberg,
who sat in the front row of the execution
witness room. ;

The Bernard Bolender who went to the

MIAME
WED, Tiey 2 199

PLEASE SEE EXECUTION, &B

EXECUTION, FROM 1B.

Chair’ To: ie
resembled his 1980 police mug,
that of a-thin guy with bushy.
hair. A prison weight-lifting regi-
men had bulked his. physique to
that. of .a National -Football
‘ League linebacker.:

At 10:02 a.m., he stumbled
into the execution chamber,

manacled and: ‘assisted ‘by two.

prison guards, each holding one

shaved and coated with a lubri-

cant that would enhance the clec-

trical current:.:'
He smiled brieily’ at his pastor |
and one of his-lawyers, but never

looked past them at the crowd of -.

25-plus people allowed-to witness :-

his execution from. behind a win-
dow. Rodolfo :Ayan SJr.,. whose . »

father Rodolfo Sr::was one of the’ *

‘men Bolender: ‘tortured: and .

killed, sat in the.second row. Bol-.~
ender also: killed Nico. Medes:
Hernandez, . John Merino, and”
Scott Bennett:..-
Slowly; a team of prison ‘guards’

‘strapped Bolender to.Old Sparky, | ¢
built by inmates in 1923. The -
guards. started at the legs, and’ —

- worked their way up his arms
and chest. -

2,000 volts.
-Bolender’s eyes opened wide

and ‘studied the straps holding’ °
his body. -After-each strap was .

secured, Bolender would look at ~
his pastor, the Rev: Fred Law- ..

rence of the First United Meth-
odist Church in Gainesville. The

two men had played chess and . -
prayed from: 3 to 6:30 a.m. The:;. °.
killer would later dine’ on two.

slabs. of babyback ribs, a 16-.
ounce Delmonico steak, cooked _
medium,
french fries, and four peaches.

After three * guards finished _

two.

with . mushrooms,..-

Strapping in Bolender, they
placed a metal headpiece atop his"
head, screwed a metal bar to it
and snapped an electrical cable
‘to the crown.

Superintendent Perrin picked
up the telephone that links the
prison to the governor’s office.

“Are there any stays in effect?”
he asked... No, said Gov. ‘Lawton
‘Chiles. .

Perrin looked toward the exe-
cutioner’s booth, which is sepa-
rated by ‘a wall and a square
opening. A guard flipped-a lever
opening .the circuit. There were
‘thuds. ° sae
- At 10:09.a.m., the: Seieiitionior
homme ‘on: the power, sending
2, 000 volts sath ac Bolender.

JA family's tears

His’ chest heaved Prveaey
pushing the straps. His’ arms
-Stiffened, and his fingers curled
* up and turned blue, then slowly
: gray. The pinky on his right hand
snapped’ ‘outward and. later
. wilted. en

Thee was no smoke feieh his
shaved right calf, which was
attached to an electrode. The
room was silent, except forthe
low groan of a. small air condi-

_° tioner that tried to cool the wit-
. . MESS room.

Bolender sat motionless.

- “Witnesses stared at Bolender.
Those. in“ the death chamber
looked everywhere but at Bolen-
‘der. Dr. Jorge Francheschi-Zam-

- brana, pronounced him dead at

10:19 am. — the 34th man exe-
cuted since Florida cn éemone

“ the’ death penalty i in 1976. .

Less than an hour after his exe-
- cution, ‘Bolender’s family stood
outside Room 125 of the Starke
Days. Inn, loudly wee in the
parking. lot.

Sa e

a man of middle age, with receding gray hair and of slight
build. Carefully he turned the corpse over, and his eyes
went at once to the head.
he back of the skull was crushed, and there were sev-
eral jagged slashes in the upper part of the blood-splat-
tered undershirt.
“Struck repeatedly with terrific force by some heavy,
sharp-edged instrument,” the coroner said slowly. “It’s
murder, all right.” . ‘
Sheriff Gandy looked up questioningly, “Couldn’t he
have fallen from some passing vessel and suffered those

behind. Probably while leaning over or lying prone, judg-
ing from the position of the wounds.”

“A ('tocy te JOHNSON then expressed the opinion that the

y had been lying buried in the sand for about two

torn from t ~plece underwear, and the cloth itself
was in such a condition that it would be impossible to de-

Sawgrass at some length. Then Herrington called to his
superior: “Hey, Sheriff, here’s something,”
andy went over and looked where Herrington was i
pointing. There were the traces of an old camp fire. The aeons
sand was discolored around it, and there were a few old °”: peli ata “oem
8h bones nearby. On the sand was also a broken, worn- “ SM ae ae
out teakettle on which there were dark brownish smears nae
that were not rust. A moment later Coroner Johnson was

examining this object. . LED BAY COUNTY SECTION OF THE MANHUNT— UNCOVER
“Yeah, its’ dried blood,” he confirmed. “Shouldn’t take
long to determine if it’s the sannn type as that of the man Sheriff 0. E. Hobbs, whose deputies questioned real estate Deputy Si.

over there. Maybe we'll get prints off it, too.’ dealers and hotel room clorks in the search for the killor. of a stran
There was nothing else at the scene to supply a clue to
the mystery of the buried body, however. White, who “No,

but now and then I’ve seen smoke rising from along motor. 7
frequently passed that way while on fishing excursions there during the da light hours. Fishermen cooking their While
along the coast, said that rarely was the beach used by noonday meal usually iD County .
Swimmers or picnic parties because of a dangerous under- r . .

tow at that point. he nearest resident was the operator Gandy, the Escambia Sey sheriff, interrupted: “What ; series of

* ° ;
of the filling station on the highway nearly > quarter of ‘. Tees, Fou think it would have been at night, Sheriff } . on Bound
, »» Mile distant. is man to e officers that he had seen " : : :
~ Boone along the beach near his place for several weeks, least twenty fect fron tite te ody had been conceal op filen.con
ag the usual local fishermen. ht ten to fitt d that the killer must have dug a'grave for his victim in the f later recei:
ago?” in idired Bhasin Hon one night ten to fifteen days dark, where the lights from their fire would not reveal his | that the g
z : ae : movements to any casual passerby, He added: “And the
‘ , fact that he dug it close to the water’s edge, where the tides HERIFF
‘ CENTER OF VITAL PART OF INVESTIGATION— bern pound od en, awa ged ngeraine Nap pc aap S en qu
‘ie cates that he was amiliar wi 1s stretch of coastline.’ ; e scer
: se ial of Se ae pee tl — the shoriff tererered Death, the coroner reported, had taken place almost } day morni:
mportant clues to the ers identity and whereabouts. instantaneously as the result of one of some half dozen | ful search
blows to the Hos J Those blows, Johnson believed, had of Bill Ha:
been dealt with the Spade or shovel with which the Slayer . When h.
had later dug his victim's grave. ' the beach «
“No fingerprints on the teakettle, and the body’s too far | fisherman
gone to get them from the man’s hands,” the coroner re- ' county.
ported. “But the blood on that teakettle, and on the sands Two hou
near the camp fire, is of the same type as the dead man’s. opinion thz
. Analysis of the contents of his stomach indicates he’d eaten watched fr.
heavily of fish within a few minutes of being murdered. of palmetto:
d he was probably struck down right there at the spot ing tentativ.
where he ate, judging from the amount of blood spilled fisherman ;
on the sand.” the myster;
“Nothing at all to hint at his identity, or where he came George FE
from?” inquired Sheriff Allen, ‘ two weeks
“Well, there’s the healed incision of an operation at the scene of the
hip, and a deep scar across the right ankle. Must have up in a blac!
been in a serious accident at sometime during his life. A way where
tricky operation that the physician making it would cer- shore.
tainly remember.” “From Bi
“Yeah? Any indication that he put up a fight?” co rely it
Coroner Johnson reiterated his belief the man had been each, and \
attacked from’ behind, coaengeee d while sitting down eating. with a decid
An analysis of the scrapings taken from beneath his finger- started digg
nails did reveal, however, that he had recently been work- “Rememb.
ing on some kind of machinery, probably an automobile two had be:

— Se

(HUNT—
tioned real estate
ch for the killer.

rising from along
1en cooking their

cerrupted: “What
at night, Sheriff

id been buried at
fire, he concluded
his victim in the
ild not reveal his
added: “And the
.. where the tides
is, certainly indi-
tch of coastline.”
wn place almost
some half dozen
son believed, had

. which the slayer .

the lead’ too far
”’ the coroner re-
and on the sands
.s the dead man’s.
idicates he’d eaten
being murdered.
there at the : ot
t of blood spilled

or where he came

n operation at the
inkle. Must have
iuring his life.

cit Would cer-

p . ' t?”

the n had been
iting «own eating.
nea \ his finger-
cently been work-
sly an automobile

UNCOVERED CLUE TO MISSING $100 BILLS—
Deputy Sheriff Sieadman Hobbs, who learned that $100 bills
of a strange serial number were turning up in Panama City.

motor. There were definite traces of grease and motor oil.

While awaiting the coroner’s report, the Santa Rosa
County officers had returned to the beach and made a
series of excavations in the hope that the slayer might
have buried his victim’s outer garments and the death
weapon near the scene, ; Failing to find anything, Sheriff
Allen concluded that the‘man must have made his getaway
by automobile, taking those articles with him. When Allen
later received the coroner's report, he expressed the belief
that the getaway car had belonged to the victim.

§ ‘been at GANDY of Escamba County, meanwhile, had :

been questioning residents along the coastline between

the scene of the slaying and Pensacola. Early on Mon-
day morning, the day following Bucky White’s unsuccess~
ful search for hidden treasure, Gandy arrived at the home
of Bill Harpst.

When he heard Harpst’s story of the two men seen on

the beach eleven days before, Sheriff Gandy asked the local“

fisherman to accompany him to the morgue in the adjacent
county.

Two hours later, at the morgue, Harpst expressed the

opinion that the dead man was one of the pair he had '

watched from his place of concealment behind the eo
of palmettos the afternoon of the nineteenth. He was mak-
ing tentative identification of the body when another local
fisherman appeard with a story that threw new light on
the peadng of the digging men.

George Escobar, a neighbor of Harpst’s, said that about
two weeks before he’d been fishing a half mile from the
scene of the slaying when two middle-aged men had pulled
up in a black Chevrolet sedan at a point just off the high-
wire where it curves in to within a hundred yards of the
shore.

“From Bill’s description of the guys he saw, I’d say
acer Na it was the same pair. They went down to the

ach, and while one of them—a slim, well-dressed fellow
with a decided limp—cast a line out into the surf, the other
started digging.”

“Remember anything rnore about that car—-which of the
two had been driving?” interrupted Allen.

END OF THE TRAIL FOR THE MYSTERIOUS SLAYER—
Electric, chair at Florida State Prison, where the killer’s
secrets died with him when he was executed for his crimes.

“Only that it was about five years old and had an Ala-
bama license plate. I’m not:sure who drove, but think it
was the man with the limp.”

Escobar had approached the two men later to find them
both digging holes in the sand. In reply to his queries, the
man with the deep scar on the right side of his face had
said he had “a method by which I can discover where
metal of any kind is buried in the sand.”

“Y asked him if he was hunting buried treasure, and he
sorta laughed and said ‘Maybe, there’s supposed to be some
along here.’”

“They appear to resent your curiosity?”

“No, the fellow with the limp was friendly enough.
Asked me about the fishing along here. Other guy’didn’t
have much to say, though. He seemed more interested in
his digging. I recall noting at the time that I’d never‘seen
either of ’em in these parts before.”

Before he left, Escobar looked at the body and, like
Harpst, expressed the opinion that it was the man he’d
seen with the hunter of buried metals.

That afternoon a full description of the slain man was
broadcast throughout Florida and Alabama, and officers of

ta Rosa and Escambia counties questioned scores of
ians in an effort to learn if any had performed the
operation described by Coroner Johnson. ‘

It was not until the next day, however, that their efforts
brought results. This came when a slim, well-dressed
youth of about twenty appeared at the Escambia County
sheriff’s office and asked to speak to one of the officers who
were investigating the murder on the beach. !

The caller identified himself to Deputy Sheriff Herring-
ton as John J. Walker of Pensacola. He said that he feared
the slain man might be his wife’s missing uncle, 48-year-
old Andrew E. Hall, a retired Alabama farmer. Hall had
been mysteriously absent from this home in Pensacola for
two weeks.

Before the day was over, Walker and his wife had iden-
tified the dead man as the latter’s uncle, and their identifi-
cation had been confirmed by the girl’s story that the
elderly farmer had been operated on for a hip and ankle
injury several years before. (Continued on page 76)

‘16

Pi » me
wee Bayo tack i
: fk
ne y

*!gustomer as his companion in crime

Chester Boyer. Branton and Raymon
both had a go at questioning him, but
it was no dice. An assistant prosecu-
tor joined in with no more success.

‘“You’re barking up the wrong tree,”
the suspect snapped. “I don’t even
know this Chester Boyer.”

But the veteran sleuths were not.

to be styniicd at this stage of the in-
vestigation. They sent for the patrons
of the bar who had been present on
the fatal night when violent death
came to Clarence Ater. Both Boyer
and Furmanski were identified as the
two men who had held up the bar and
left murder in their wake.

oe ‘

No confession was forthcoming; but
no confession was needed. The mas-
ter detective work turned in by Lieu-

tenant Branton and Sergeant cg
e

mond, plus the men’s records, plus t
positive line-up identification, was all
the prosecuting attorney needed.
alter Furmanski and _ Chester

Boyer went on trial for the crime
against Clarence Ater in September of
1940. They were both charged with
murder in the first degree.

Each produced an alibi. But this
futile gesture. failed to save them.

-On September 16th both men were
found guilty.

Probation officers investigating the

ate .
case found no reason for recom-. -

mending. leniency. On September
25th, Recorder’s Court Judge John J.
Brennan sentenced both men to serve
the rest of their natural lives in Mich-
igan State Prison at Jackson—the
limit of the law in Michigan, the
Wolverine state.

They are still paying for their
crime as these lines are written.

Eprror’s ‘Note: The name of Maf-
garet Sim is fictitious in order to
conceal identity of an innocent
person questioned by detectives dur-
ing the conduct of the investigation of
the murder of Clarence Ater.

The phy ician who had performed
that opersiion, a Century, Florida,
surgeon, la‘cr compared X-rays of the
slain man’: hip with negatives on file
in his offic: and said that there could

be no doult as to Hall’s identification.

The injuries he had received in a fall
’ that necessitated the operation had

caused him to limp afterward. .

Mr. and Mrs. Walker said that they
had not before reported their uncle’s
disappearance because he had fre-

‘ quently made trips about the country
without leaving: word as to where he
planned to go or when he would re-
turn.

“He left in his 1930 Chevrolet sedan
on the morning of seventeenth,” Mrs.
Walker recalled.» “Said he was going
to travel around and look over some
timber land in which he might invest
some moncy. I remember we went
down to the bank that morning, and
he cashed several checks. Must have
had about a thousand dollars with
him.”

“Your uncle was a wealthy man?”
asked Herrington.

“No. But he sold his little form up
near Andalusia, Alabama, about three
months ago and realized a couple of
thousand from that,’ Mrs. Walker re-
plied. “Came down to stay with us
then, but he would be gone for days
at a time when the notion to travel
took him.”

“He have many friends around these
parts?” the deputy sheriff pursued the
subject. “Anyone he'd along to
keep him company on his trips?” |

‘Mrs. Walker said that her uncle was
a pleasant, gregarious man who often

icked up with strangers. But to her
owledge he had no cronies around
Pensacola. Had he planned to meet
anyone at the time he started on his
last trip, he’d have mentioned the mat-

. ter to her, his niece felt sure.

Herrington, remembering: the stories
told by Harpst and Escobar, asked:
“Was Mr. Hall the kind of man who
might become interested in some
scheme to dig for buried treasure?
Could he have been induced to invest
mone in any such hare-brained
idea?”

It was young Walker who replied
to that question. He said, with an air
of positiveness: “Uncle Andrew was a

friendly, easy-going sort. But he was

MAKE THE CORPSE BURY THE TREASURE

‘ CONTINUED FROM PAGE 33

no fool when it came to money. He'd
have listened soon enough to such a
scheme. He liked strange tales and
was a sort of student of human nature.
But you can be sure he'd never have
fallen for such a proposition as that.
He’d worked too hard for the little
money he managed to save.”

“Any other kinfolk in these parts?”
interjected Sheriff Gandy, beginning
to get a mental picture of the elderly
murder victim—beginning to wonder
if there might be someone in the man’s
past who'd have had a deadlier scheme
than hunting hidden treasure with
which to relieve the old fellow of his
life’s savings.

“No.” Again it was Walker who an-
swered. “He had no children and lived
alone for the last few years. He and
his wife were separated, and a couple
of years ago they got a divorce.”

Before Walker left, the officer
learned that Andrew Hall frequently
went fishing along the coast. To his
nephew’s knowledge he had had ‘no
very close friend, and certainly no
enemy, in either Florida or Alabama.
He and his former wife had parted by
mutual consent, with no bitterness,
and there had been no “third person”
involved in their separation.

HE DAY AFTER Hall’s body was
] identified, Sheriff Allen communi-

cated with Alabama officers. What
they had to say fully confirmed the
statements of the Walkers as to the
slain man’s disposition and the manner
of his life. In
tion of the missing car was broadcast
throughout the Southeast, and any
person who had seen its slain owner
within a week of his death was asked
to eee with Santa Rosa offi-
cials.

Sheriff Allen, aware that Hall would
have had to obtain bait some place if
he’d gone fishing on the day of his
death, asked the Pensacola officials to
check with local bait dealers to deter-
mine if he’d visited one of them in the
company of the man he was later seen
with on the beach. Allen also asked
that they obtain an exact account of
the money drawn’ by Hall on the
morning of the seventeenth, presum-
ably two days before he was slain.

hat same day it was discovered
that Hall had. obtained ten new $100

e meantime, a descrip--

bills at the Pensacola bank. From the
teller who had cashed his checks,
Sheriff Gandy learned that the retired
farmer had mentioned that he was
be pein, combined business-and-

easure trip.” Hall had stated that he

oped to “pick up something good in
the wy of an investment.”

Inquiries were immediately started
to determine if any of the new $100
bills had turned up in the little coastal
towns along the Gulf, or around Ha!!’s
former home at Andalusia, Alabama.
But two more days went by and noth-
ing developed to aid the authorities.
Sheriff Allen, working closely with the
Escambia County officials, was con-
vinced that his best chance in breaking
the case lay in finding out more about
the slain man’s past life. On the morn-
ing of October fifth he left for Pensa-
cola for a conference with Gandy and
Harrington at which he’d asked that
the Walkers be present.

When he arrived in the adjacent
county, Allen learned that Deputy
Sheriff Herrington had located a gaso-

line station where Andrew Hall had ,
had the Chevrolet’s tank filled on the “

day of his disappearance. At the time,
Hall had also had the oil in his car
changed, a circumstance which pointed
to the probability that he planned a
trip of some distance.

“Your uncle usually stop at hotels or
road-sideecamps along the route when
he traveled?” inquired the Santa Rosa
County sheriff of Walker. If Hall had
registered at some hotel on the night
of the seventeenth or eighteenth, it
should not be difficult to trace his sub-
sequent movements, Allen thought.

alker replied that the old man
usually cong og with acquaintances
when near his former home in Ala-
bama. If he’d been traveling in Flor-
ida, he’d have_ probably pulled up
along the side of the road and slept in
the open,'as he carried a bed roll with
him in the car.

In answer to the officer’s question as
to just what kind of timber lands Hall
had been interested in purchasing,
Walker said that he’d heard Hall speak
of pitch pine. There was plenty of that
in the coastal counties in North Flor-
ida, and Sheriff Allen asked if Hall
had ever mentioned any particular
pers of the state in which he was in-
erested: ,:

’ ee

tore ‘! is
ri } y se

“No, bu
his last t:
City news
studying |
Walker re}
ten much
I suppose
tracts adv

A searc
personal +
several ni
timber la:
listed for
Hall had
Panama C
approxim:
sacola, he
ning to r¢
land trans

Bay Co
of land or
And if H:
of 130 mi)
count for
changing
left.

When it
returned
through
O. E. He
» gave Hol

faced m:

disfigure:

He told |

and aske

on local !
in an eff

had’ *

N sH}

Sheri

call |
was ser\
under hi:
Hobbs r+
agent h:
bered |
during |
eitags
able to
some la:
terested
man lef!
over fo)
he decic

“Apps
tells m«
he want:
day or
whether
he seem
4 section,
~- with go!
acquain‘
planned

Befor:
informe
local bi
$100 bil!

ne re
city in:
seposits
*. during |

“Whe
of new
usually
bers,” EH
County
Pensaco
whethe:
here ar
given FI

Folloy
tip, She
ton, ove
bank f1
the ten

An hi

recom-.
ptember ‘
John rR a
to serve

n Mich-
‘on—the

an, the

xr their
en.

of Maf-
order to
innocent
ves dur-
yation of

m the
hecks, ~
etired
+ was
-and-
nat he
vod in

“s

started

y $100 -
oastal
a Hall’s
bama.
id noth-
thorities.
with the
yas con-
oreaking
re aut
oe morne-
> Pensa-
ndy and
ked that

adjacent
Deputy
{ a gaso-
iall had
d on the
the time,
his car
1 pointed
inned a

hotels or
ite when
nta Rosa
Hall had
the night
eenth, it
» his sub-
1ought.
old man
\aintances
yan Ala-

ulled up
i slept in
roll with

uestion as

ands Hall

irchasing,

{all spe

ty of that

rth Flor-

d if Hall

particular

e was in=-*+

= -
x, ‘No, but
- hi

“6 SRR ’
Sie

when he got back’ from

s last trip he had several Panama
City newspapers, and I noticed he was
studying through the classified ads,”
Walker replied. “He couldn’t have got-
ten much with his limited capital, so
I suppose he was looking for small
tracts advertised by private owners.”

A search through the slain man’s
personal effects had already revealed
several newspaper clippings in which
timber lands in North Florida were
listed for sale. Allen reasoned that if
Hall had investigated properties near
Panama City, located in Bay County,
approximately 130 miles east of Pen-
sacola, he might well have been plan-
ning to return there to consummate a
Jand transaction,

Bay County, Allen knew, had plenty
of land on which there was pitch pine.
And if Hall had been planning a trip
of 130 miles each way, that would ac-
count for his filling the gas tank and
emenene the oil in his car the day he
eft.

When the Santa Rosa County official
returned to Milton that night, he put
through a call to Bay County Sheriff
O. E. Hobbs at Panama Ci Allen

» gave Hobbs a description of the gray-
faced man with the deep scar which
disfigured the right side of his face.
He told him of the missing $100 bills
and asked Hobbs to have a check made
on local hotels and real estate dealers
in an effort to learn if Andrew Hall
had recently stopped in that region.

N THE MORNING of October 7th,
Sheriff Allen received a telephone
call from Steadman Hobbs, who

was serving as chief deputy sheriff
under his father in Bay County. Young
Hobbs reported that a local real estate
agent had_ been found who remem-
bered talking with Andrew Hall
during the third week in September.

“The man says that they were un-
able to come to an agreement over
some land in which Hall was inter-
terested,” young Hobbs related. “Your
man Jeft after saying he'd think things
over for a day or so and return if
he decided to buy.”

“Wan he planning to sta
Panama City while he ma
mind?” asked Allen.

“Appears not. The real estate man
tells me Hall mentioned to him that
he wanted to get in some fishing for a
day or so.’ Didn't say. where, or
whether he was going off alone. But
he seemed well acquainted with this
section, and the man he was dealing
with got the impression he had other
acquaintances here with whom he
planned to spend some time.”

Before Deputy Hobbs ran off, he
informed Allen that he’d checked with
local banks found that several new
$100 bills, of a Series different from the
one recently issued to the Panama
City institutions, had turned up in the
deposits made by local storekeepers
during the past few days.

around
ec up his

“When a bank receives a shipment ;

of new bills of large denomination, it
usually makes a record of the num-
bers,” Hobbs informed the Santa Rosa
County officer. “Your bank over in
Pensacola ought to be able to tell
whether the bills that have turned up
here are of the same series as those
given Iiall when he cashed his checks.”

Following the Bay County officer’s
tip, Sheriff Allen asked that Harring-
ton, over in Pensacola check with the
bank from which Hall had obtained
the ten $100 notes on the seventeenth.

An hour later Allen was‘on his way

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BREEN, Robert, white, hanged Pensacola, Florida, December 20, 1833.

"Pursuant to the sentence passed upon Robert Breen, at the last term of the Superior
Court for Walton County, for the murder of Peter Alba, Mayor of the City of Pensa=
cola, he was executed on the £ 20th ult,, in an open and conspicuous place on the |
outskirts of this city, ‘“e were not present at the execution, and can, therefore,
only give such information as we have been able to gather from those who witnessed
the awful sight. All who were present concur in the statement, that he was HMaMxaxka
KAXEKK unappalled to the last, exhibitiny more of the intrepidity of the lion than |
the falterings of the man. In obediencé to his request, he was taken through the
most conspicuous parts of the city when on his way from the prison to the place of
execution. On arriving at the spot, he knelt over his coffin and was engaged in
prayer for some moments, = When he arose, he ascended the gallows and gave it a
thorough inspection, evincing more of the curiosity of the mechanic than the de=
jected culprit. He then read an address, delivered to those around him certain

4H papers, and informing the Marshal of his readiness to meet his awful fate, took
from his pocket tape, which he had prepared expressly for the purpose, and requested
that his hands and feet might be tied with its; as soon as this was done, he adjusted
the knot and was lannched into eternity}" REGISTER, Raleigh, NC, January 21, 183)

(32h.)

ae si Le i i if i
dia; rote bs ;
ila He ill en itis flr it
i ' 3 2733 I ae i, fii ate ri ik i

“23
i
5
i
;

Death Date at t for 3 Mo

Two Slayers Are Executed

Wednesday, 29 September 1954, page 6,
THE FLORIDA TIMES-UNION (Jacksonville).

BROCK, Tanner, white, elec, FL3P (Co

THE FLORIDA TIMES-UNION (Jacksonville)

Tuesday, 21 June 1960, page 24.

og pe ctoeg fkE Hapa 1s TE 25 Hit :
gabe He iil Abe isle
Mon ea 1° i; i at 4. aH8 84s
eS chy rt He ae i tht,
Fem eH Pe diate

CAPITAL PUNISHMENT DATA SHEET asé

td
ai 6@1P/A-
STATE INVENTORY #
. foos€
OFFENDER: Aen Sim SOURCE OF DOCUMENTATION
NAME: En froome (TITLE, DATE AND PAGE#)
race: 2 Tanai 9 TA buvre
FET aa .

rh Fagg PRA. M9 VT

OFFENSE: “42 PEX

DATE EXECUTED: J#w 29, (7/2
county: Kissa Stywale
AGE:

VICTIM:
NAME:

RACE: £
SEX: Mm
AGE:

RELATIONSHIP
TO OFFENDER:

BACKGROUND
INFORMATION:

DATE CRIME
COMMITTED:

DATE OF
SENTENCING:

DAY OF THE |
WEEK EXECUTED:

OFFENDER
RESIDENCY:

MEDIA ACCOUNT
OF CRIME:

Killed cover A cred Yime — Arztz

1402 757 FEDERAL SUPPLEMENT

15. Homicide ¢=357(4)

There remained sufficient aggravating
circumstances to support sentence of death
for state first-degree murder conviction
even assuming conviction for first-degree
murder, was predicated upon felony-murder
finding and was thus automatic finding of
statutory aggravating circumstance, con-
sidering ‘that no mitigating factors were
presented or found. _

16. Habeas Corpus ¢=725 .

There was no showing that sentencing
judge used nonrecord reports in. imposing
sentence of death, despite sentencing
judge’s placing defendant on probation’ in
past; possibility of any sentencing report
existing in:prior probation cases was mere
speculation. ane

Billy H. Nolas, Tallahassee, Fla., ‘for peti-
tioner.

Fariba Komeily, Miami, Fla., for respon-
dent.

‘MEMORANDUM OPINION AND OR-
DER DENYING PETITION FOR
WRIT OF HABEAS CORPUS

MORENO, District J udge.

Bernard Bolender petitions the court for
a writ of habeas corpus pursuant to 28
U.S.C. § 2254, asserting that his convic-
tions and sentences of death ‘were obtained
in violation of the Fifth, Sixth, Eighth and
Fourteenth amendments to the United
States Constitution. Specifically, Bolender
alleges, inter alia, that he was denied the
right to have non-statutory mitigating evi-
dence fully investigated, developed,
‘presented and considered due to the in-
structions and standards then in effect, and
to the effective assistance of counsel at
sentencing.

Bolender.was indicted on four counts of
first degree murder, four counts of kidnap-
ping and four counts of armed robbery for
the torture slaying of four alleged drug
dealers. On April 25, 1980, Bolender was
convicted of all charges, and after a sen-
tencing hearing on the same day, the jury
unanimously recommended life imprison-
ment. At the sentencing hearing, defense

' Hernandez, into the house.

counsel declined to present further testimo-
ny after being offered an opportunity to do
so. Circuit Judge Richard Fuller overrode
the jury’s recommendation and on May 7,
1980, entered written findings in support of
the death sentence.

“FACTUAL BACKGROUND
- Bolender appealed to the Florida Su-

preme Court which affirmed Bolender’s
convictions and sentences.

_ Bolender v.
State, 422 So.2d 833 (Fla.1982), cert. de-

‘nied, Bolender v. Florida, 461 US. 939,

103 S.Ct. 2111, 77 L.Ed.2d 315 (1983). The
facts leading to Bolender’s conviction and

.sentencing, as established by the Florida
Supreme Court, are summarized as follows:

On the evening of January 8, 1980, Bo-
lender :and co-defendants Paul Thompson
and Joseph Macker:were.at Macker’s resi-

dence when two of the victims, John Meri-

no and Rudy Ayan, arrived pursuant to a
previous arrangement with Bolender. An
argument erupted and Bolender, armed
with.a gun, ordered the two unarmed vic-
tims to strip.. A third victim, Scott Ben-
nett, arrived with a kilogram of cocaine and
was brought into the house at gunpoint by
Thompson. Macker, searching outside for
any additional persons, noticed a car driv-
ing back and forth in front of the house.
After Macker made a futile attempt to per-

‘suade the driver to enter the house, Thomp-
son ordered Merino to get dressed and as-

sist him in luring the driver, Nicomedes
The defen-
dants subsequently. found over $2,000 in
the car.

The defendants, at Bolender’s direction,
ordered Bennett and. Hernandez to strip
and robbed all four of their jewelry. Bo-
lender threatened to kill all four victims if
they did not reveal the location of an addi-
tional twenty kilograms of cocaine. Bolen-
der proceeded to torture and terrorize the
victims in an attempt to obtain their co-
caine. Bolender kicked the victims and
beat them with a baseball bat. Bolender
burned Hernandez’ ‘back’ with a hot knife
and shot him in the leg in an attempt to
make him talk. All of the victims were
repeatedly stabbed with knives throughout

Gee me ene ere

Be whet ang

\
i)
ov, \
\) \
S&S
SW |
» _
SS

‘BOLENDER. Bernard

—=

ealar FT.GP Tulv

—_—

18 1995

1400 757 FEDERAL SUPPLEMENT

DAYS THEREAFTER. If the parties
agree that attorney’s fees can be recov-
ered, it is suggested that they attempt to
agree on the amount and if not, affidavits
can be submitted by the plaintiffs and op-
posed by the defendant on the subject of
the award of attorney’s fees, if any. An
evidentiary hearing will be held, if neces-
sary. Plaintiffs shall recover their costs to
be taxed by the Clerk of Court upon the

filing of a bill of costs, but limited to those

costs related to recovery of fees and
charges and not with regard to the request
for relief as to:lane usages, road patterns
or other similar matters. Issuance ofa
judgment shall be STAYED pending deter-
mination of the matters reserved herein.

‘GG. « The ‘Court finds no Constitutional,
Statutory or other basis upon which to

grant relief to the plaintiffs with regard to

their complaints related to lane facilities,
roadways and traffic. regulation:

FF. The version of OD 24 at issue in

‘this case was last revised on November 1,
‘1980. At the meeting of the Metro Board
‘of Co County Commissioners in Public Session

on November 20, 1990, OD 24 was revised.
A copy of such revision appears in this
action ‘as docket. entry Number 29, with
copy having” been’ tirnished to plaintiffs’
counsel.

DONE and ORDERED,

‘fo

sums).

KEY NUMBER SYSTEM;

Bernard BOLENDER, Petitioner,
: Vv.
‘Richard DUGGER, Respondent.
"No. 90-2262-CIV.

United States District Court,
S:D. Florida.

Feb. 15, 1991.

Petitioner whose death sentence was
affirmed on direct appeal to the Florida

Supreme Court, 422 So.2d 883, sought ha-
beas relief. The District Court, Moreno, J.,
held that: (1) any instructional error re-
garding jury’s consideration of nonstat-
utory mitigating circumstances was harm-
less, in view of its recommendation of life
sentence; (2) sentencing judgé could not be
faulted for not considering nonstatutory
mitigating circumstances that were not
presented; (3) petitioner did not receive
ineffective assistance of counsel; and (4)
death sentence was not imposed in arbi-
trary and capricious manner.

Petition denied.

1. Habeas Corpus <=498

Any instructional error regarding
jury’s consideration of nonstatutory miti-
gating evidence in determining whether to
recommend death sentence was harmless,

where j jury unanimously recommended life

imprisonment. U. S.C.A. Const. Amends. 8,
| haa

Sentencing judge determining whether
to impose death sentence did not improper-

ly limit his consideration to statutory miti-

gating factors, given indication in‘ sentenc-
ing order that no evidence or matters were
brought to attention of trial court in addi-
tion to enunciated mitigating factors and
trial judge’s statement that there were no
mitigating circumstances existing, statu-
tory or otherwise, which outweighed any
aggravating circumstances; in view of trial
counsel’s tactical decision not to present
any mitigating evidence, other than to ar-
gue disparate treatment of codefendant
and statutory mitigating circumstances,
there could be no claim of error based upon
trial judge’s failure to consider that which
was not presented. U.S.C.A. Const.
Amends. 8, 14.

3. Habeas Corpus <773

Conclusions regarding effective assist-
ance of counsel, whether made by state
court or district court and whether stated
as “findings” or otherwise, were matters of
law that were not presumed correct on

Be se: Ee Gov, Bob,Graham signed Boland-

~ MIAME: (AP) 3 The Feb... 20; .
‘scheduled execution of Bernard Bo- ‘er 'sdeath: ‘warrant Tuesday, the 69th
Jander, convicted of the drug-re-.. WarrantaGraham, has signed sence
“lated torture. deaths ‘of: ‘four. Miami taking ; office: five. years. ago. The
‘men, ‘was stayed. Friday: by: Circuit warrant goes "into bin Feb. 14 and .

Judge’ “Herbert. Klein. ° were _ expires. "Feb. 7 21.:: we
_ Gerald — Hubbart, - Bolander’s, “Bolander, 31, was convicted ier

court-appointed“ attorney, * “was, ‘the Jan, 8, 1980 deaths of John Meti-

granted a March 30. hiéariae after 00, Scott Bennett, Rudolfo Ayan cd
‘making -a motion to, throw. out; Bo- . Her nandez. Se 7 *

Klein's cou “alive, ‘were put ‘into the trunk of a
nie Beetle ‘Bailey: Mt ancora on’an Interstate 95 exit

De wecsiott Miami and the vehi:
cle was set-o fire. Passing motorists
“extinguished the flames.:

2 The state’s hi

Defense appealing
ITHE ASSOCIATED PRESS

*} TALLAHASSEE — On the
eve of his scheduled execution,

‘a convicted killer who was
called a fall guy by his attor-
meys won a two-day stay Tues-
‘day from the Florida Supreme
‘Court

: court re-
jected an appeal but said Bo-
lander, 42, could use the extra
time to pursue appeals in fed-
eral courts.

Bolander
already had
ordered a fi-
nal meal of
baby back
ribs, rib
steak and
fresh
peaches.

He was
sentenced to
23 the electric
thair for his part in the shoot-
ihg, stabbing, clubbing and bur-

° s it
High court grants indefint Reed,

TALLAHASSEE — A.

ramp in Dade County, received an indefinite stay:

yesterday from the Florida Supreme Court. .
“The court scheduled oral argum

April 4 in the case of Bernard Bolender, 37 who

was to die at 1:01 p.m. Monday.

nder, 37, was on his second death war-_-
rant in the torture-murders of John Merino, Scott
Bennett, Rudolfo Ayan and Nicomedes ‘Hernan-
dez in a drug deal that police said went bad.

Gs Tines—
LAWN

ning deaths of four drug
dealers, but his attorneys say
he is taking punishment
avoided by two partners in four
drug-related torture murders.

The execution in the
15-year-old case had been set
for 7 a.m. Wednesday at Flor-
ida State Prison near Starke.
The warrant, Bolander’s
fourth, expires July 18.

Bolander’s attorneys claim
those who testified against him
— including a -co-defendant
who is now free — were unreli-
able and vital information was
kept from defense attorneys.

Letter campaign

> Those who-sent letters and_e-

mail messages to Florida Gov.

Lawton Chiles in a campaign
to sway the appeal were told
Chiles would monitor the case
but hadn’t found sufficient rea-
son to alter the sentence so far.

Bolander, also known as Bo-

lender, was convicted in the

Jan. 8, 1980, murders of John

Merino, Scott Bennett, Rudolfo
Ayan, Nicomedes Hernandez.

The four were to sell 44
pounds of cocaine to Bolander
and two other men, but they
had only 2 pounds. The victims
were beaten, stabbed and tor-
tured for several hours.

Bennett, Ayan and Hernan-
dez apparently died from the
beatings, but Merino was still
alive when all four were placed
in a car, which was doused
with gasoline and set afire on
an expressway ramp.

Co-defendant Joseph
Macker, 58, testified against

him, pleaded guilty to second-
* degree murder, served seven
' . years and was freed.

Paul Thompson was ac-
quitted on grounds of insanity,
committed to a state wag ora
then later found to have faked
mental illness. He is imprisoned
at Glades Work Camp at Belle
Glade and is slated for release
in 1997. —

Bolander’s jury voted for life,
but the judge overrode that rec-
ommendation.U :

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—————

man was put inst

eee

| DADE CIRCUIT couRT (Or. 7-9-9
_ Judge rejects condemned killer’s, appeal

-uled for 7 a.m. Wednesday. re : |
_ The ruling by Circuit Judge Bernard Shapiro means that”
lawyers for Death Row inmate Bernard Bolander, 42, aré
headed to the: Florida Supreme Court, The will file papers .
Monday morning in their effort to Postpone lander’s execu

lander is condemned for a quadruple a

drug-related torture-murder in Miami in

80. His jury voted for a life sentence, but |
the trial judge overrode that recommenda- -

The other was acquitted on grounds of insanity and committed -
toa state hospital =” | a eo ie

_ Unpersuaded, Shapiro denied the appeal motions by Mark
Olive, an attorney representing Bolander for the Volunteer
Lawyers Post-Conviction Defender Organization.

FROM: FLORIDA STATE PRISON TO: 984 S22 2848 JUL. 16, 1995 11:27AM P.@1
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He had left no clue, how-
t would aid in his down-
‘rs finally abandoned the

‘ations were being made
€ body to Milton, Santa
it, Coroner Johnson came
ide a statement that dis-
1thorities,

we'll have to bury the
he stated. “It is not in
€pt out unless absolutely

grimaced. “That’s two
us before we even get
Burying the body be-
¢ a clue to its identity is
‘Our job any the easier.”
andy and Herrington
ver tomorrow. Get the
© story a big play and
lelp identify the victim
out who he is.”
son returned to Milton
v the body carried out
lere It was to be given
y the county, Ag the
neluded, Allen vowed
was humanly possible
* case and avenge the
the unknown victim.

1g Allen drove to Pen-
| a conference with
‘sing the complexities
deers found angles in
nly added to their

lered, was an open
lain sight of a much
‘e site of the xcrime ?
People going out to
ividuals going there
s. But if local people
ad not the murdered

missing, especially
en dead more than a

ive, for which some
lad been necessary,
‘meditated murder

with plans for hiding the body. But the
method of attack suggested a savage
assault.

The officers were of the opinion that
the victim and his murderer or mur-

.derers had gone out to the beach for

some special reason and that the killing
was only incidental to some development
that arose. ;

“Working completely in the dark as we
are,’ Herrington suggested, ‘‘the best
thing we can‘do is to start a canvass to
find out-who was at the beach around the
fifteenth or the twentieth of September,
the approximate date of the crime.”

ALLEN agreed and Herrington imme-

diately tackled the gigantic task con-
fronting him, thoygh both officers doubted
its chances of success.

Sheriff Allen had been right when he
thought the public would take an interest
in the vicious crime, shocked by its wan-
ton brutality. But it was not until Mon-
day night that the Pensacola newspaper
story brought results. .

About 8 o’clock, Deputy Herrington
looked: up from his desk to see a person-
able young man entering his office.

Introducing himself as L. L. James, the
visitor began bluntly: “Have you learned

who that man was you found buried out ’

east of town?”

Herrington shook his head. “No.
We’ve not made much progress up to
date. Why ?”

The man frowned worriedly. ‘‘Ever
since my wife and I read about the murder
victim we’ve been wondering if he could
be her uncle, A. E. Nall. He hasn’t been
home since September sixteenth.”

Herrington nodded sympathetically.
“You think the description of this man
is very similiar to that of your uncle?
What about the underwear we found this
man wearing? Does your uncle own
any like it?” :

“Well,” James said slowly, “the de-
scription does fit Mr. Nall. I couldn’t say
about the underwear. He might have had
some similar to the victim’s. But one of
the main things besides the description

Scene of the murder trial was the Santa Rosa county courthouse, below.

that worries us is that it is not like him
to stay away from us this long.”

Nall came from near Andulusia, Ala.,
where he had been divorced from his wife
two months previous, James went on to
explain. .Since that time he had been
staying with his niece and her husband.
Although he had traveled about a bit he
had always returned in a few days to pick
up his mail.

“Do you know of any reason anyone
might have for wanting to kill Nall?” the
deputy queried. ‘Any kind of grudge?”

James thought for a moment, then told
the deputy that Nall had about $500 on
his person when the missing man visited
his relatives’ house last. At that time
he had been accompanied by a strange
man who, James said thoughtfully, had
acted peculiarly.

Herrington jotted notes into a pad
as James outlined details of that last
visit. Around 7 o’clock the evening
of Sept. 16, Nall had arrived at the
James’ home in a 1929, maroon colored,
four-door Chevrolet. The stranger had
been with him. Nall had gone into the
house and found a check for $15 in his
mail. He had asked his nephew to go
downtown and endorse it with him.

At the car the nephew was introduced
to the stranger. ,The latter had remained
in the car while Nall was in the house.
He was sitting in the back seat. James,
however, had not caught the stranger’s
name, nor had he seen him clearly. He
had been able only to discern that the man
had seemed rather old and had gray hair.

When the three men returned to the
house, Nall said something about going
fishing in a few'days. Then he and his
unknown companion had left.

EPUTY HERRINGTON reviewed

the information thoughtfully. Nall’s
remark about “going fishing” certainly
tied in with the officers theories as to
events befote the murder occurred. It
tended, too, to identify the victim, though
more positive proof of his identity was
needed.

The body had been buried but it could

The jail where the killer was held can be seen atop the building. The
cold-eyed killer, right, is shown in the cell where he awaited judgment.

+42
uv

be exhumed. James should be able to
tell whether the victim and Nall were one
and the same.

The deputy asked the nephew if he
knew of any peculiar markings or char-
acteristics his uncle had. He was told
that. Nall limped due to a fall from a
bridge when he had broken his hip bones.
The bones had been wired together by a
doctor in Century, Fla.

With this positive evidence at hand
with which to identify the man should he
be A. E. Nall, Herrington called Sheriff
Allen and told him of the new develop-
ments in the baffling case.

At the end of the telephone conversa-
tion, Herrington turned to James who
had been waiting anxiously.

“Allen wants you to come over to Mil-
ton tomorrow. He is going to dig up
the body to establish positive identifica-
tion.

The next morning Nall’s nephew ar-
rived in Milton and he and Sheriff Allen
went directly to the mortuary.

Looking down at the murder victim
resting on the slab, the nephew swal-
lowed hard and shook his head. In a halt-
ing voice tinged with grief he identified
the body tentatively as that of his uncle,
A. E. Nall.

Sheriff Allen led the grief-stricken
man away. He felt sure of the identifi-
cation but to make it air tight he de-
cided to summon the physician who had
performed the operation on Nall’s hip.

When the doctor arrived he said to
Sheriff Allen: “TI. had to wire the hip
and pelvis together. There was a broken
bone in the heel, too.

He produced X-ray pictures made at
the time of the operation seven years be-
fore. Then he opened the dead man’s

[Continued on page 72]

TTT

A few moments later Seago, his grand-
son, his shotgun and a .22 rifle found in
the bedroom, were loaded into the auto-
mobile and driven swiftly to Carlinville.

The aged man denied any knowledge
of the slaying. “Why, I didn’t even know
that George was dead,” he insisted. He
had threatened the officers with the gun,
he said, because he thought they were
robbers.

After awhile Malone left him and
turned to Michael. He felt sure the boy
knew everything that had happened but
he was equally sure that he would not
readily respond to grilling.

Smith glanced up warily as Malone ap-
proached but he was not prepared for
what was coming.

“Mike, is it true that your grandfather
gave you five dollars to kill McNeece?”
the sate agent asked abruptly.

“What?” the youth almost shouted.
~Of course it isn’t. I didn’t have anything
to do with it.”

“You might as well tell us the truth.
We know your grandfather paid you to
do the job,’ Malone insisted.

“Tt’s a lie,’ Smith blustered, “Grand-
father killed him himself.”

That was all the state agent wanted.
It developed that Michael and Orville
Seago, another grandson of the old man,
had driven him close to Litchfield in
Montgomery county on Saturday eve-
ning, after helping him oil and clean the
rifle and the shotgun. Then they had
returned to the farm while Henry Seago
walked the railroad tracks to wait until
McNeece took his accustomed place be-
fore the window to read. .

He had taken careful aim and fired a
fatal shot into the man’s back, after which
he had shouldered his two guns and made
a hurried and unnoticed escape through
the back yard and the alley.

He had walked all the way back to his
home, a distance of about 15 miles and,
as he told Malone when he made a full
confession of his love for the housekeeper
and his hatred for George McNeece, he
had the best night’s sleep he had had for
ages after he killed the man he believed
was “beating his time.”

Orville Seago, the officers learned, had
only been released from prison 60 days
before, where he had’ served a term for
robbery and grand larceny. He finally
was located at his mother’s home. He

was harder to break and refused to ac-
knowledge his part in the plot to slay
McNeece until confronted by Michael
Smith. Then Malone brought the case
to final solution with the three signed
statements of Seago and his two grand-
sons.

The aged man was committed to the
hospital for criminal insane at the South-
ern Illinois prison at Menard. Orville
was sentenced to 20 years and returned to
the penitentiary while Michael was placed
on probation for five years.

Peace officers throughout Illinois have
come to depend largely upon Malone’s
never-failing help. More and more, in
little more than a year, they have groyn
to count upon not only his ability to enter
a case and ferret out the evidence their
investigations have refused to bring to
light, but also they have sought his aid
repeatedly in obtaining confessions from
those they failed to break.

On Friday morning Feb. 23, 1940, the
state agent received a call at his home in
McLeansboro, summoning him once more
to Elizabethtown to face a woman in
Hardin county, whom authorities be-
lieved responsible for the sudden death
of her husband, Noah Jones, a worker in
the spar mines.

Peoskcy tox SOWARD and
Sheriff Brittain had taken small, dark-
haired Vivian Jones into custody but she
had been aghast at their accusation, de-
nying that she had any knowledge of
what the officers believed had been the
poison slaying of her husband.

She greeted Malone with the same of-
fended air, still professing her innocence,
although she had seemed surprised when
he had put in his appearance to aid the
local authorities. His success in cracking
difficult cases was only too well known
in that community.

With painstaking thoroughness Malone
had covered every inch of the ground with
Soward and Brittain before facing the
woman. When, at last, he sank into a
chair before her, he knew every detail
of the case as well as if he had been pres-
ent on Monday night when the small ad-
joining town of Rosiclare had been
startled by the woman’s agonizing
screams and the subsequent death of her
husband. He was thoroughly familiar

with each revealing bit of evidence that
had pointed the finger of guilt toward the
36-year-old woman as the investigation
had progressed.

For hours Mrs. Jones fought off his
questioning but Malone was in no hurry.
He began questioning the woman at 4
p. m., Friday and he was still hurling his
accusations at 2:30 a. m., Saturday, tight-
ening the web about her until she knew
that she was defeated. She finally cried
out her guilt, acknowledging her shrewd-
ly planned plot to murder her husband
and make it appear either a natural death
or suicide.

But she had reckoned without Malone’s
shrewdness to draw from criminals the
truth and, like the others the state agent
had faced within recent months, she had
found herself, with the passing hours, no
longer able to cope with him.

Malone drew from her, not only a full
and complete confession of the murder
she had planned and executed, but an
astounding story of the woman’s perfidy,
her hate for the plodding, easy-going,
hard-working husband who had given her
a good home and proved a kind father to
her two children, while she, in return
had carried on clandestine affairs in the
small river town.

She had sent her unsuspecting mate to
the drugstore to buy strychnine, telling
him that they would have to rid the place
of rats. The evening prior to his death, she
had helped him prepare the poison in
capsules to distribute presumably in the
garage and the yard.

On Monday night, as they retired, she
had persuaded him to take a sleeping pill,
substituting the strychnine-filled capsule
for the regular sleep-producer. She was
confident that if any question should be
raised over his sudden death and the au-
thorities traced the purchase of poison,

they would believe Noah Jones had com- -

mitted suicide.

Tuesday, Feb. 27, Mrs. Jones pleaded
guilty before Circuit Judge Roy E. Pearce
and was sentenced to life imprisonment.
With her entrance to the woman’s prison
at Dwight, Ill, on Friday, March 1, 1940,
Manhunter Malone closed another case
and girded himself for the next baffling
mystery, determined to make his second
year in the state bureau even more out-
standing than his first.

Enigma of the Beckoning Cadaver -

[Continued from page 45]

hip and checked what he saw against the
X-ray photos.

“There can be no doubt,” he said: posi-
tively. “I’d know that operation any-
where. This is the body of A. E. Nall.”

Identification of the murder victim
established, Sheriff Allen returned’ to his
office to inaugurate the search for the
stranger who was believed to have been
the last man seen with Nall. Nall’s nephew
was waiting for him and he told the of-
ficer that no one but a close friend would
have known that Nall had so much
money. There had been five $100 bills
and some smaller notes. Nall had been
proud of the large bills he carried.

Allen conjectured’ as to how close a
“friend” the mysterious stranger had
been to Nall. Friendship would account

for their traveling together and their sup-
posed. fishing jaunt.

The nephew could supply no sugges-
tion as to where the stranger hailed from.
There had beem nothing in either of the
men’s conversation at the time of the
visit which might have given. a hint as to
the identity of the man. Apparently they
had: not met in Pensacola. The logical
place appeared to be in Alabama, near
Nall’s home.

At this. juncture Allen decided to pay
Nall’s relatives: in. Alabama a visit. He
left that same day, determined to over-
look no clue, however slight, that might
aid: toward: solving the murder enigma.

When he drove into the yard of the
Nall’s Alabama farmhouse, Allen was
greeted by a small boy who ran out to

meet the car. The youngster was fol-
lowed by a woman whom the sheriff im-
mediately pegged as Nall’s former wife.

Allen introduced himself and broke the
news of her ex-husband’s murder to her
as gently as possible. Then he asked her
if she knew anyone nearby who owned a
maroon 1929 model Chevrolet. The
woman did not.

The sheriff then asked her for a list of
Nall’s personal effects and clothes since
these had not been found and would be
checked on. Among the articles she
itemized was a pair of blue serge trousers.
Allen’s eyes lighted with interest when
he heard this. Nall’s nephew had in-
formed the sheriff that his uncle had been
wearing the blue trousers when he had
seen him last.

Allen ask«
had any di
and she ans
them before
patch.

Having s
tion, Allen
During the
viewed wh
that the tri}

Meanwh:
Herrington
for someon
question :
the fate‘ul
look like?

Figuring
had gone |
the deputy
the bait de
the east sii

He foun«
his “friend
had bough:
day, the 17
the impres
where the

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He was
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been any reports of anyone missing. For
all we know the victim may be a tourist
who was traveling alone. If so, it means
months may elapse before we establish
his identity. Until we do, our chances
of catching the murderer are slim.”

Allen nodded in agreement, then turned
to Coroner Johnson who was studying
the body reflectively.

“How long has he been dead?” the
sheriff asked. :

Johnson frowned thoughtfully. “Eight
or ten days, at least. It is hard to say ex-
actly without a more detailed examina-
tion.”

S HERIFF ALLEN ordereda thorough
search made of the grave and the sur-
rounding area for evidence that would
aid in furthering the case. The officers
deployed and went over the wind-swept
sand painstakingly but the beach proved
barren of clues. .
Deputy Jeff Herrington had been
traveling in ever-widening circles about
the murder area. The other officers had
about abandoned their hunt when he sud-
denly dropped to his knees and let out a
yell,

The other officers rushed over to him
and he pointed to a small clump of grass
in the sand. About it, in a small circle
less than 30 inches in diameter, was a
dull reddish-brown crust of earth.

‘Looks like blood,” he said succinctly.

Carefully the deputy probed the stained
sand. The red coloring ran to a depth of
six inches before the sand was’ white
again. Then he pulled out the slender
blades of grass. He scraped them with
his fingernail and a brownish substance
peeled off.

‘

“If this is blood then here is‘ the spot
where the murder was actually com-
mitted,” he stated. “The victim lay here
while his killer dug the grave, Bleeding
profusely, the corpse poured its blood into
the sand where it coagulated about the
grass as it soaked into the sand.”

is colleagues nodded in ° agree-
ment.

Briefly, Herrington drew a word pic-
ture of the murder as it appeared to him.
The victim had been struck down from
behind, judging from the wounds in his
skull. The instrument used as a weapon
had been heavy and of a distinctive shape,
probably a shovel or a spade, The attack
must have been savage and unexpected
because the victim had not moved after
the assault. This was obvious from the
large pool of blood. While the man he had
killed lay dead or dying, the murderer
had dug the grave for the body.

“Tt all ties in,” Sheriff Allen said
slowly, “Since the murderer needed a
shovel to dig the grave it follows, espe-
cially from the shape of the death wounds,
that the shovel was the murder weapon.”

The apparent truth of this theory ex-
cited the officers to make another search
of the area, taking particylar pains to in-

"vestigate possible hiding places that could

conceal a shovel or other evidence. But
as they covered the scene in careful beats
and worked up to the loose, sandy field
where their cars were parked the extent
of the killer’s precautions became all the

more evident. He had left no clue, how-
ever slight, that would aid in his down-
fall. The officers finally abandoned the
fruitless quest.

While preparations were being made
to transport the body to Milton, Santa
Rosa county seat, Coroner Johnson came
forward and made a statement that dis-
appointed the authorities,

“I’m afraid we'll have to bury the
corpse tonight,” he stated. “It is not in
condition to be kept out unless absolutely
necessary.”

Sheriff Allen grimaced. “That's two
strokes against us before we even get
started,” he said.’ “Burying the body be-
fore we even have a clue to its identity is
not going to make our job any the easier.”

Turning to Gandy and Herrington,
he said, “I’ll be over tomorrow. Get the
Papers to give the story a big play and
ask the public to help identify the victim,
We've got to find out who he is.”

Allen and Johnson returned to Milton
and that night saw the body carried out
to the cemetery where it was to be given
burial provided by the county. As the
grim task was concluded, Allen vowed
silently that if it was humanly possible
he would solve this case and avenge the
brutal murder of the unknown victim.

# Obie next morning Allen drove to Pen-

sacola and held a conference with
Herrington. Discussing the complexities
of the case, both officers found angles in
the murder that only adged to their
bafflement.

Why, they wondered, was an open
stretch of beach in plain sight of a much
traveled highway the site of the «rime?
Ordinarily the only people going out to
that beach were individuals going there
to fish in the shallows. But if local people
were involved why had not the murdered
man been reported missing, especially
since the man had been dead more than a
week ?

The fact of the grave, for which some

_ Sort of digging tool had been necessary,

pointed toward premeditated murder

with plans
method of
assault.
The offic
the victim

derers had

some speci
was only 11
that arose.

“Workir
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Herri
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the mai:

i eae
: JAMES RUSSELL
BUNTIN *

a } Brutally betrayed by the man he .be- -
: Per ae friended, A. E. Nall, left, paid for his
kindness with his own: life. Deputy
‘ Steadman Hobbs, right, of Bay county,
Sp : Fla., aided in the killer’s capture.

pvt

The riddle of the beckoning
cadaver first confronted offi-
. cers on the lonely stretch of
beach, below. Investigators
are shown taking tiotes be-
side the blanketed victim.

te
ere tr
"hy

and foot. That’s all I saw..I guess someone is buried there. It’s
about a quarter-mile beyond the highway toll bridge.”

As Sheriff Gandy cradled the phone he reckoned swiftly that

if the information was correct then it came under the jurisdiction
of Sheriff Joe T. Allen of Santa Rosa county. Allen’s county
adjoined Gandy’s,
.. Gandy immediately phoned Sheriff Allen, then promptly left
for the scene, accompanied by his ace deputy, Jeff M. Herring-
ton. Sheriff Allen and Coroner A. L. Johnson found them there,
studying the crude grave, when they arrived.

The officers examined the hand and saw that it was almost mum-
mified. It was unusual looking, having an exceedingly broad palm
and slender, tapering fingers. Gandy indicated the man who had
reported the discovery to Allen, Questioning him added noth-
ing to the details he had given over the telephone.

A deputy brought a shovel and began digging carefully into
the soft sand. In a few moments a body was revealed resting in
a shallow grave.

It was a man. He was middle-aged and of average height, clad
only in underwear. Two of the officers lifted him up and moved
him out onto the clean sand. The strong odor of decay that came
from the shallow pit substantiated the fact that the corpse was in
an advanced stage of decomposition.

Sheriff Allen kneeled beside the body and examined it care-
fully. His eyes narrowed grimly as he noted the head. The skull
had received crushing blows on tha top and back of the cranium
vault.

Pointing to the wounds in the skull, he said to Deputy Herring-
ton, “He was struck with.a heavy, blunt weapon. At least once’
on the top and twice on the back of the head.”

The sheriff scanned the victim’s scant clothing searchingly. “Not
a single clue that will help us identify him,” he announced. “These
garments look as if they were home-made.”

“We've got.a job on our hands,” Gandy said. “There have not

§aze to the object

t human hand. It
' the sand and in
could have sworn
im,
he saw that the
ent stiffly back at
‘e€arm were trail-
d leading to the
‘ached out from
iding rays of the
pear to move.
V a foot protrud-
’ Srowth on the
rown and with-
the unpleasant
assed, the man
1. Leaving his
‘led to the near-
phoned Escam-
sin Pensacola.
ng out of the
ed hoarsely to
‘Ss, just a hand

: 43

irs

Mus i I
a
Pen ees

down at him. Several hundred, whom he
couldn’t see, and who couldn’t see him,
had gathered outside.

According to the Miami Herald re-
porter covering the hanging, Sheriff Har-
die sought to make Daly’s last moments
as comfortable as possible. He was care-
ful not to tie his legs together too tightly
or to cut off the circulation of Daly’s
hands when they were tied behind his
back. The sheriff then carefully fitted the
heavy rope noose about the man’s neck.

Tears streamed down Daly’s face as
the sheriff placed a black hood over his
head.

“Goodbye,” blubbered Daly.

““Goodbye,”’ said the sheriff. ‘‘I’}1
shake your hand behind your back.”

Hardie shook one of Daly’s bound
hands, stepped back, and at 11:14
tripped the latch that held the trap door.
In an instant the bulk was gone;

“In the distance,” wrote the reporter,
“the bell on a locomotive clanged and
the horn of an automobile sounded.
Someone struck a match and lighted a
cigar.”

A doctor, standing on the ground at
the base of the scaffold, reached out and
stopped the body from rotating. Only
tendons in the neck held the’ head and

body together.

A Miami pioneer remembered that
the day was overcast and a “depressing
pall” hung over the city. The reporter
failed to mention the weather.

Biditoriatising'on the hanging, the
Herald thought that this was not ‘the
best way of deterring crime, but the best
way known”’ at the time. The editorial
lamented having a hanging on Friday,
TROPIC, March 1, 1970

the ‘‘day of the week that Christ rose
from the dead.” But if hangings ,had to
be carried out on Friday, the writer went
on, there should be none on Friday, the
13th.

The same gallows were used again on
July 3, 1914, to hang Joe Brown, a black.
The hanging had been st d in Ap-
rl, but a reprieve came from the gover-
nor an hour before Brown was to take his
last walk.

“Sorry to disappoint you, boys,” said
Brown, shouting through the bars of his
cell window at a curious group outside
the jail, ‘“‘but the governor done and
granted me a respite.”

Brown, sentenced after being found
guilty of shooting another Negro to death
while under the influence of liquor, ap-
peared to look forward to his hanging.

“I sure am glad this is the last day,”

. said Brown to Sheriff Hardie as he

glanced about the walls of his cell,
“* ‘cause I’m mighty tired of Staying in
this place, ”

Brown was calm on the scaffold and
admitted his crime, according to a re-
porter.

“I never had nothing against the man

. I shot,” he said.

A seven-year-old girl climbed into a
tree to watch the condemned man stand.
ing on the scaffold. She complained
when the sheriff put a hood over his
head.

“I can’t see his face now,” she cried
down to her parents, “‘they’ve put a
black thing over his head.”

Then the “black thing’’ vanished.
The sheriff had sprung the trap door,

With no other Prospects waiting to be
hanged, Hardie ordered the scaffold dis.
mantled. Miami hasn't had a hanging

since,

ited lB ah

ot “4 ome o

no online othe alice thee dnd e deanery eee

BROWN, Joseph, black, hanged for murder, Miami, Faintida, July 3, 1914.

"NEGRO IS HANGED FOR THE MURDER OF ANOTHER. = JOE BORWN ON THE GALLOWS
ACKNOWLEDGES THAT HE KILLED CHARLES STANDFORD, ALSO A NEGRO, -
'I didn't mean to kill Chaklie Standford, I had nothing against him
but I was half drunk when I went into the tent. I had the gun, but
I had never leaded it. I didn't knew it was loaded.' So did Joe
Brown, a negro, this morning acknowledge his cuilt in the murder of
Charlie “tandford as the hands were tied about his hands and feet
and the black cap was placed over his head before the trap was sprung
and he plunged into eternity. Liquor was blamed for the affair and
he reiterated the statement that he did not know what he was doing,
Brown said that the sheriff and his deputies had been good to him
and that he had not comolaint to make but was ready to go, 'I am
saved,' he said, Fourteen MMHXKKK minutes after the trap was sprung
the physicians pronounced life extinct. Sheriff Yan B® Hardie and
deputies W, W. Hendrickson and C. G. Pratt were theofficers in charge
of the execution. More than an hour before the time sét, eleven
o'clock, 9 crowd of the morbidly curious gathered outside of the
iron BRHEXASWRA enclosure sbout the callows, snd many climbed to the
top of the court house, from which vantage point the victim KKM could
be seen hefore the lever was pulled. One little girl, white, not
more than eight years of age, climbed to thetopmost limb of a tree
whigh overhangs the jail yard sand from there saw the head and shoulders
of Prown and watched thd preparations for the hanging. / Brown was
cool and collected and made no struggle or protest. His religious
adviser spent the morning with him.) When asked last night by the
deputy what he wanted,he said that all he desired was ham and eggs
for breakfast. Twbh weeks ago when preparations had been made for
the hanging and a reprieve was granted th the last moment, he had
made a similar request when asked for his last wish."

NAMXXM NEWS, Miami, Florida, July 3, 191, pave one.

MEDIA ACCOUNT
OF TRIAL:

MEDIA ACCOUNT
OF EXECUTION:

¢
METHOD: Ha wre TIME: AM
PM

STAYS OF
EXECUTION:

EXECUTIONER:
WITNESSES :

RITUALS:

LAST WORDS:

OTHER INFORMATION:

ase

CAPITAL PUNISHMENT DATA SHEET yew
Flop (PA
STATE INVENTORY #
OFFENDER: F SOURCE OF DOCUMENTATION
NAME: Dehn Ateww (TITLE, DATE AND PAGE#)
RACE: 2 / Am. -* Tee 6utee
SEX: ™ |

OFFENSE: MUCDER

pate executep: Dec /%

(30%

county: MAssau Feevandiva

AGE:

RELATIONSHIP
TO OFFENDER:

BACKGROUND
INFORMATION: AT

DATE CRIME
COMMITTED:

DATE OF
SENTENCING:

DAY OF THE f
WEEK EXECUTED: ae

OFFENDER
RESIDENCY:

MEDIA ACCOUNT
OF CRIME:

Pye; e fPROF ft F

Johacow

6 me
Two N agrdes H anged }
7 in the County Jail: ;

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Metadata

Containers:: Box 9 (2-Documentation of Executions), Folder 5
Resource Type:: Document
Description:: Bernard Bolender executed on 1995-07-18 in Florida (FL)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 28, 2019

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