Florida, S, 1980-1991, Undated

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date of the e. According to Bob, however, Jackson actually arrived in Miami on
April 6th.

Sullivan and McLaughlin were transported to the station in separate vehicles. After
lengthy interrogation, the police finally got what they wanted -- a statement, in which
Sullivan implicated himself and McLaughlin in the murder of Donald Schmidt! (Full ex-
planation later.) Confronted with Sullivan's statement, McLaughlin parroted much the

same story. Both men were booked into separate cells at the Dade County Jail on the
afternoon of April 17, 1973.

Several days after his arrest, Bob appeared at a preliminary hearing. Felton's
testimony included saying that Bob never requested an attorney during interrogation.
Stephen Mechanic of the Public Defender's Office told Bob that a lawyer from their office
would come to interview him at the jail soon. Bob had still not seen a lawyer when he
made his first court appearance before Judge Cowart on June 4, 1973. Raymond Windsor
was appointed as Bob's lawyer by Judge Cowart. On June 8, 1973, Bob was returned to
Judge Cowart's courtroom where for the first time he met Windsor for five minutes in the
jury room prior to being arraigned. Bob saw Windsor two additional times at the jail,
once each in July and September. Bob sent Windsor several letters urging that many
areas needed to be investigated, especially locating five potential alibi witnesses.

After Bob realized that Windsor had not done any investigating, Bob prepared and
filed on September 13, 1973 his own motion asking Judge Cowart to discharge Windsor due
to his ineffectiveness. Bob had picked up from more experienced prisoners how to file
such a motion. Bob's intention was to change counsel before the critical Motion to Sup-
press Hearing which would determine whether or not the statement given by Bob to Sgt.
Felton would be admissible evidence in a trial. Judge Cowart delayed ruling on Bob's
motion and held the motion to Suppress ‘Hearing on September 20, 1973 as scheduled.
Bob wanted the Suppress Hearing to show that his constitutional right to counsel had
been trampled on by the police and to put the statement's content under the microscope
to show that it was a sham. Bob's intended strategy for the Suppress Hearing included:

1) Using the five alibi witnesses to demonstrate that Bob could not possibly have par-
ticipated in Schmidt's murder.

2) Using Dr. Beamer, the Medical Examiner, as a witness to show the glaring discrep-
ancies between Bob's statement and the actual cause of death. Bob's statement said
the victim had been bludgeoned twice and shot four times. Beamer's autopsy report
reveals no bludgeoning and specifically lists the cause of death as two wounds.

3) Using the State Trooper referred to in the statement to show that he never stopped
Bob's 1969 Cadillac convertible on the night of the crime. Bob also hoped that the
State Trooper kept a log which could identify whose car he actually had stopped to
assist. Incidentally, Sgt. Felton testified that he contacted the Trooper patrolling

that area on the night of the crime with negative results since the Trooper could not
identify Bob's car.

4) Using a Howard Johnson executive to explain all of the policy violations that occur-
red on April 8, 1973, Bob felt that Cowart would conclude that he would have ex-

pected policy to have been enforced and that so many violations occuring on April
8th indicated an inside set-up.

5) Using Thomas Murphy to show the person whom he requested as an attorney had

been with him only moments prior to the arrest. (Murphy would also be an alibi
witness).

6) Using Gilbert Jackson, provided he could confirm that Bob had requested an attor-
ney at the arrest scene, and the police refusal to contact lawyer Murphy.

7) Analyzing all the physical evidence and use whatever was favorable, such as showing
that there were no bloodstains, etc., on the tire iron from Bob's car, which the
State said was used in the crime and which was located by police in the car's trunk.

Whenever possible a lawyer should not rely upon the unsupported testimony of the
defendant. Windsor presented no corroboration at the hearing. Only the two defendants
and the four police officers testified. Windsor had never made an effort to investigate
critical matters which could have been used at the Motion to Suppress and/or at the trial.
Due to Windsor's incompetence, Cowart accepted the police version of the arrest thereby
denying the Motion to Suppress.

On September 26, 1973, Judge Cowart finally heard Bob's Motion seeking to dis-
charge Windsor. When Windsor acknowledged the strategy conflict that Bob had charged,
Judge Cowart discharged him. Judge Cowart then appointed Denis Dean to replace Wind-
sor on October 1, 1973. Both in direct conversations and via letters, Bob repeated his
many requests that the case be thoroughly investigated. But it wasn't! Dean did little
more than Windsor had done. In addition to those areas indicated by Bob to Windsor that
could apply both to the Suppress Motion and the trial, many other areas could have been
explored, some of which are as follows:

1) Question all Homestead Howard Johnson employees who had worked the of April
8, 1973.

2) Question John Luchek to determine if he had any knowledge of or involvement in the
crime, as McLaughlin had led Bob to believe.

3) Obtain an itemized list of all missing items taken from the victim.

4) Carefully check all physical evidence including prints , footprints , tire iron, a mis-
sing shoe, comparing tape owned by Bob to that used in crime.

5) Fully investigate Frank Barden, the Homestead HoJo manager.

6) Attempt to locate Charles Gazzel to see why he fled on date of crime.
7) Investigate for two possible set-ups.

8) Contact William Jenner regarding his pistol.

9) Check validity of New Hampshire warrant.

10) Interview jail prisoners Sheley and Meisenholder, since what McLaughlin had told
them included saying Bob was not involved in the crime.

11) Investigate Howard Johnson policy and point out that Bob would not have expected
so many violations to occur, and that someone working there probably had orches-
trated them. Further, since Bob Sullivan knew the lighting system, it is unlikely he
would have turned them off improperly.

To the best of our knowledge, neither Windsor nor Dean attempted to investigate any of
these areas. Finally, no one ever bothered to check out Bob's alibi!!!

A pre-trial conference was held on November 2, 1973 at which time Denis Dean re-
quested a Continuance which Judge Cowart denied. In part, the Continuance was based
upon Dean's inability to depose Frank Barden who had changed his place of residence and
his job without informing his Probation Officer during the preceeding week. Proceeding
with the pre-trial conference, the prosecutor, Ira Dubitsky, and Denis Dean entered into
a series of stipulations, in each of which, both sides acknowledged there was no dispute.
Among these stipulations, Denis Dean agreed to the following:

1) The victim's identity.
2) Time and place crime(s) occurred.

3) That Bob had signed for and possessed the victim's Mastercharge card at arrest.

4) That at arrest Bob's car contained a shotgun and shells, roll of white adhesive tape,
one pair handball gloves, and a pistol belonging to William Jenner, discovered in the
glove compartment.

5) That proceeds from the robbery were found in the motel room which Bob shared.
6) That Bob had the victim's watch on his wrist when arrested.

7) That Bob's car possessed a tire iron
located in the trunk.

8) That the cause of death was gunshot wounds to the head.

As a result, the State had to prove none of the facts surrounding these stipulations.
Dean committed several major blunders here, the most glaring was stipulating as he did to
the cause of death. Therefore, the State then did not need to call Dr. Beamer, the
Medical Examiner, whose testimony would have been directly in conflict with McLaughlin's
in two key areas:

a) whether or not there was a bludgeoning, and
b) as to the number of shots, two or four.

On November 5, 1973, the process began to seat the jurors, consisting of 12 plus
two alternates needed for a capital case. Nearly two full days were required to select all
the jurors. The trial began on November 6, 1973 and consisted of seven witnesses, five
for the State and only two for the defense. The witnesses who appeared for the State
were Collette Rush, Frank Barden, James Haralambie, Sgt. Felton, and Reid McLaughlin.
In return for his testimony that Bob had planned the crime and shot the victim, Reid Mc-
Laughlin received a life sentence on a plea of no contest, for which he was paroled in
1981.

Collette Rush, the last employee to see Donald Schmidt alive, gave brief testimony.
She acknowledged working at Howard Johnson as a waitress on April 8, 1973. The unit
closed at 10:30 p.m. and she left at 11:30 p.m. She said she was the last employee to
depart, other than Donald Schmidt, who was alone in the office; that Schmidt told her to
go out the back door since it was open, and she left that way. Rush noted also that Mr.
Schmidt "looked like he was worried about something." She acknowledged also that April
8th was the only night the back door had been left unlocked.

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On November 12th, 1973 Judge Edward Cowart sentenced Robert Sullivan to die in Flori-
da's electric chair, which is nicknamed Old Sparkey. In order to avoid such a fate, Bob
has been appealing both his conviction and sentence. (See Appendix A for a complete
listing of Bob's odyssey through the criminal justice system).

IV POST-TRIAL INVESTIGATION

Even though Denis Dean rested his defense for Bob in a capital case after using
only two witnesses, our defense does not rest. In order to judge Bob Sullivan, it is
imperative to know all the facts. In addition to what the jury knew, we have already
indicated some points that they did not know; however, there is much more that our
post-trial investigation has uncovered. Among the items we've already shared with you
which the jury did not know are: the questions surrounding all the violations of Howard
Johnson's policy only on April 8th, 1973; that McLaughlin failed the majority of the ques-
tions on his the polygraph test; and many facts supporting the conclusion that Barden
was a participant in the Schmidt murder.

Once we share with you more evidence favorable to Bob, we're confident that you
will agree that he is innocent. As you will see, the majority of our discoveries were
available to any attorney willing to look for them. . The most significant post-trial inves-
tigative discoveries are as follows:

Prior to quoting the alibi witnesses, we'd like to list all the known times that are
significant in reviewing what actually transpired on the evening of April 8-9, 1973. The
following facts are beyond dispute.

1. The distance to drive from Keith's lounge in Hallendale to the Howard Johnson's unit
in Homestead is approximately 40 miles one way, or 80 miles round trip.

2. Every Sunday evening at Keith's lounge, including April 8-9, 1973, the feature is a
Midnight Show. There is only one show, which lasts about 90 minutes and usually
runs from approximately 12:30 a.m. to 2:00 a.m.

3. It is a fact that the Homestead HOJO closed at 10:30 p.m. on April 8, 1973.

Collette Rush, a waitress at the HOJO, testified that she left the restaurant at 11:30
p.m. on April 8, 1973, leaving Donald Schmidt alone in the office.

5. The records of the Homestead Police Department reflect that a call was received at
12:49 a.m. on April 9, 1973, asking for police to investigate the disappearance of
Donald Schmidt and the restaurant receipts. The caller identified himself as Frank
Barden, the manager of the restaurant.

6. Based upon Collette Rush's departure and Frank Barden's call to the police, we
know the robbery phase of the crime HAD to occur between 11:30 p.m. on April 8,
and 12:49 a.m. on April 9, 1973. It is a span of 79 minutes. Barden testified that
he returned to the restaurant at midnight, which would reduce the robbery phase to
less than 30 minutes, 11:30 p.m. to 12:00 a.m.

For the benefit of this comparison, we will view all of the above times as constants.
In order to drive the round trip from Keith's lounge to the Homestead Howard Johnson's,
a distance of nearly 80 driving miles, commit a robbery and a murder, we believe the
absolute minimum amount of time expended would be 90-100 minutes, and more likely
closer to two hours. The only testimony regarding the abduction-murder phase of the
crime came from Reid McLaughlin, who estimated the murder occurred between 1:00-2:00
a.m. on April 9, 1973. Incidentally, according to McLaughlin, the robbery phase occurred
between 11:35-11:45 p.m. on April 8, 1973.

By citing all the times that Bob's alibi witnesses place him at Keith's, there is abso-
lutely no way that Bob could have participated in either robbery or murder. First, we'll
list the version Bob has consistently maintained describing his movements on the night of
the crime, April 8-9, 1973. These are well documented in Bob's letters to lawyers dated
before trial, spanning June 12, 1973 to October 25, 1973. Bob has said that he arrived
alone at Keith's lounge at approximately 11:30 p.m. on April 8, 1973. Bob maintains that
he remained at Keith's all that evening until closing at 4:00 a.m. Bob has said that he
encountered five persons who he knew by name between 11:30 p.m.-12:15 a.m. Two were
bartenders (Peter Tighe and Michael Carmack) and three were patrons (William Harlow,

Robert Porter, and Thomas Murphy). After talking with Harlow and Px for brief
periods, between arrival and showtime, Bob bumped into Tom Murphy. ‘Iney agreed to
get a table together to view the show. Shortly after the show began, Bob received a
note delivered by the waiter from Mike Carmack. Bob went to talk to Mike for 20-30

minutes after which he returned to the table with Murphy. Bob stayed with Murphy until
closing at 4:00 a.m.

The strongest type of alibi would be a continuous one. For that reason, Thomas
Murphy would be the best potential alibi witness, due to his alibi duration covering
nearly four crucial hours. Unfortunately, Murphy has repeatedly refused to so much as
talk to anyone about it. Among the people to whom Murphy has declined to talk for
reasons that are unknown to us are Tim Dwyer of the Boston Globe, Father Robert Boyle,
and Virginia Snyder as well as her associate, Wayne Campbell. Due to the significance of
Murphy's testimony, we cannot afford to give up on him.

This leaves us with four potential named alibi witnesses. We have finally located all
of these prospective witnesses and each of these four persons is cooperating with us.
Both Carmack and Porter were exceptionally hard to track down. Porter was the last
person to be found in March, 1983; he was living in Hawaii. At the time this booklet had
to go to press in July, 1983, we had not yet interviewed Porter with respect to the alibi.
Based upon Porter's correspondence, we can say that he is cooperative, recalls the night
in question, and has furnished us with the name of his companion that night, Wayne
Connors, whom we are trying to locate.

For our purposes here, we can only rely upon three alibi witnesses: Harlow, Tighe,
and Carmack. Nevertheless, we are confident these three people provide Bob with an air
tight alibi for both phases of the crime, robbery and murder. All the quotes made by
either Tighe or Harlow came directly from the March, 1980, federal evidentiary hearing
transcript, made under oath before U.S. Magistrate Patricia Kyle. The only opportunity
to present any NEW witnesses, such as Carmack, would be at another evidentiary hear-
ing. Appeal courts such as the 11th Circuit or the U.S. Supreme Court do not accept
testimony by witnesses. Virginia Snyder did not locate Carmack until after Bob's case
had moved on to the 11th Circuit, which is why he has not yet testified.

Listed below by name will be the recollections of the three alibi witnesses tracing the
movements of Bob Sullivan on the evening of April 8-9, 1973.

1. Michael Carmack

Mike recalls the evening in question due to the birthday celebration for both
Harlow and Tighe, as well as the show featuring Michael St. Laurent. Carmack
recalls Bob by his nickname "Sully". Carmack recalls Sully trying to talk to him
soon after he arrived, but it was too noisy. Soon after the show started, Mike sent
Sully a note via the waiter, suggesting that they talk during the show while he

wasn't busy. Mike recalls that he spoke to Sully during the show for about half an
hour. ¢ 7

2; Peter Tighe

"I'm positive he was there that night around 11:30 p.m."
"Mr. Sullivan went over to the show bar and he sat. Mr. Sullivan stayed there
during the show. The show ended about 2:00 a.m. in the morning. Mr. Sullivan
did come over at the side of this bar on the side where Michael Carmack was work-
ing."
"I recollect that he was there at closing time."
3. William Harlow

"I arrived at Keith's with my friends around 11:20 p.m."

"April 8, 1973, was my 18th birthday."

"Bob was not there when I arrived."

"I saw Bob arrive between 11:30-12:00."

When asked what other times Harlow saw Bob Sullivan that night, his answers
were:

"During the show at the bar talking to Michael."

"I saw him numerous times during the show but not always with Michael, also
sitting down."

"Saw Bob after the show between 2-2:30 at the front bar talking to Peter and
Michael." :

On the accompanying chart, we have tried to accurately pinpoint the key times as a
visual aid for comparison purposes. At no time between 11:30 p.m. and 2:00 a.m. span-
ning the evening of April 8-9, 1973, was Bob Sullivan not accounted for at Keith's lounge
by at least one and usually two persons for a period that would have been long enough to
participate in the crime. All three alibi witnesses have echoed Bob's own version of his
movements quite consistently including time of arrival (11:30 p.m.) and movements during
the show. Harlow saw Bob, for example, talking to Mike while the show was in progress.
All of this directly conflicts with Reid McLaughlin's testimony.

>
,
’

Frank en's testimony included much of what had been recorded in Officer Wil-
lock's repc_.. here was a major exception and Dean never confronted Barden with it.
The call to the police was made at 12:49 a.m. To Willock, Barden claimed that he re-
turned to Howard Johnson's around 12:30 a.m. By the trial, Barden altered his story by
saying he returned to Howard Johnson's at midnight and the call was made immediately .
Barden may have altered his story to coincide with his alibi, since Carol Thomas revealed
that she had been with Barden at the Holiday Inn lounge from 9:00 p.m. until 12:10 a.m.
Dean should have made Barden account for his whereabouts from 12:00 a.m. until 12:49
a.m. -- a 39-49 minute gap -- but he did not. Dean did, however, attempt to inform the
jury that Barden had fled Miami on June 4, 1973 (coincidentally the same date on which
Barden had been scheduled to appear as a State witness for Bob's arraignment), in
Possession of six day's cash receipts taken from the Homestead Howard Johnson's. When
the State objected to questions covering Barden's fleeing and embezzlement, Judge Cowart
ruled the witness did not need to answer those questions. (Note: after Barden stole the
money, he fled to Las Vegas where he was apprehended by the police and returned to
Miami. Prior to Bob's trial, Barden had received probation with adjudication withheld
provided that he made restitution. We strongly feel that the jury deserved to explore
why Barden stole six day's receipts and fled on June 4th.)

James Haralambie's testimony was brief as well. He had been Bob's college room-
mate. Later, after his divorce, Haralambie went to work for Howard Johnson Company,
became Bob's assistant manager at the Homestead Howard Johnson in 1972, and shared an
apartment with Bob. Haralambie indicated that he and Bob had watched a TV program
together in 1972 in which the plot focused on committing a perfect crime. This resulted
in a conversation about how to plan a perfect crime purely as a discussion. Haralambie
stated that Bob had suggested it would be easy to kidnap a big winner at a race track
and dispose of the body in the Everglades where it never would be found. We fail to see
how that conversation had a bearing on this case. Yet Dean allowed it to be admitted in
testimony. The conversation is very distinguishable from the facts of this case. The
location of the murder was a target range rather than the Everglades; there was no race
track involved; and the victim was left to be found, rather than concealed.

Sgt. Felton testified at some length and fully described the police investigation
leading up to and including the arrest of Bob Sullivan. A damaging portion of Felton's
testimony was, of course, the introduction of Bob's statement into evidence. Many other
items were entered into evidence by Felton including a shotgun and shells, the handball
gloves, the roll of white tape, Jenner's pistol, and the tire iron. None of these items
were ever shown to have been involved in the crime. A suitcase which contained receipts
from the robbery also was entered into evidence, however, McLaughlin admitted the

suitcase was his. Through Felton, the State also introduced a watch and Mastercharge .

card found in Bob's possession at the time of arrest, to which Denis Dean had stipulated
had belonged to the victim.

The final State witness was Reid McLaughlin who was AWOL from the Marines. Mc-
Laughlin claimed Bob recruited him to travel to Florida for the purpose of committing "a
perfect crime." McLaughlin said that Bob paid for his expenses, that Bob took Jenner's
pistol having known where Jenner kept it, and on April 8th, Bob decided they'd commit
the crime on that date. McLaughlin described arriving at Howard Johnson's at 10:00
p.m., said that Sullivan sent him inside to get a take-out order for the purpose of count-
ing the employees on duty to enable them to know when the manager would be alone.
After all employees but Schmidt had gone home, McLaughlin testifies that he and Bob
entered via the back door, found Schmidt alone in the office, forced Schmidt to give the
safe combination, and while Bob opened the safe he took Schmidt's watch and wallet.
Taking Schmidt with them, Bob turned out the lights and shut the back door, according
to McLaughlin. Once inside Bob's car, McLaughlin said he bound Schmidt's wrists with
adhesive tape furnished by Bob. They drove to the Tamiami Trail and headed west.
When they finally stopped, McLaughlin said a State Trooper stopped to give assistance;
however, McLaughlin claims he told the Trooper he had merely stopped to go to the
bathroom. The Trooper departed. From there, they drove to a target range off Krome
Avenue. According to McLaughlin, everyone got out of the car, at which point Sullivan
pulled out a tire iron and struck Schmidt twice on the head, took the shotgun from
McLaughlin, and Sullivan shot Schmidt in the head four times at point blank range. They
returned to the car at which point McLaughlin said Sullivan uttered, "I don't feel no
different." Dean's cross examination was ineffective. While probing McLaughlin's plea
bargain, Dean allowed him to describe the arrangement as including the taking and pas-
sing of a polygraph test. Judge Cowart denied Dean's motion for a mistrial. This ob-
viously left the impression with the jury that McLaughlin had already taken and passed a
polygraph test, which enhanced his credibility greatly. The matter was,dropped. The
jury was not advised to disregard the polygraph reference. But much worse, the jury
never knew that McLaughlin had failed the majority (4 of 7 questions) of his polygraph
test, nor did it stop the prosecutor from using perjured testimony!

This concluded the State's case. The defense opened its case and despite it being
allowed to present all the witnesses it needed to refute the State's case, only two defense
witnesses were called by Denis Dean to testify.

Ron Shuk, a police fingerprint expert, was the defense's first witness. Shuk in-
formed the jury that he had discovered the existence of two prints of comparison value on
the tape removed from the wrists of the victim. Shuk testified that he compared those
prints on the tape to those belonging to Donald Schmidt, Reid McLaughlin, and to Robert
Sullivan, however, he was unable to match either print!

The defense's final witness was the defendant, Robert Sullivan, who refuted the
statement given to police. Bob swore that he did not participate in the robbery-murder
of Donald Schmidt in any way. Much of Bob's testimony was in direct conflict with prior
witnesses Felton and McLaughlin. Nevertheless, Dean called no further witnesses to
corroborate Bob's version. There were many conflicts and we'd like to paraphrase key
sections from Bob's trial testimony. In refuting the statement given to police, Bob dis-
cussed all of the areas where it was incorrect based upon the facts -- such as the dis-
parity between the number of shots. In explaining why he gave an erroneous statement,
Bob offered these reasons:

1) Bob believed at the time, based upon one of McLaughlin's assorted versions of the
crime, that a very close personal friend named John Luchek had killed Schmidt, and
Bob was trying to protect him.

2) Bob gave a purposely false statement by deliberately adding false information, fig-
uring it would protect himself while also protecting Luchek. Bob felt when the
statement's content was examined, it would be evident it was a total sham.

3) Bob gave into excessive police pressure due to considerable duress and strain. When
arrested, Bob was heavily intoxicated and awake since the previous morning. Bob
claims the police threatened to get a statement from him one way or another and
having been refused an attorney Bob feared the police were serious. According to
John Crabtree, giving a false statement under these stresses fits into the classic
pattern of an alcoholic's reaction.

4) Bob felt certain that no statement could ever be used against him because he had
been denied a request for an attorney. What Bob didn't know then was that the
police would have to confirm that they violated Bob's right to counsel for a Miranda
right's violation to be acknowledged.

Bob never realized how his thinking at the time, clouded by booze and fear, would
backfire with such devastating impact. In addition to refuting the statement, Bob went
on to explain many other conflicts as follows:

1) Bob pointed out that McLaughlin approached him to become a traveling companion by
agreeing to share expenses fifty-fifty.

2) Bob stated that he did not take Jenner's pistol. Rather, McLaughlin stole it un-
known to Bob.

3) Bob explained how McLaughlin had loaned him a watch when his watch had stopped.
Bob says the first time he learned the watch had belonged to Schmidt was following
the arrest, as described by Sgt. Felton.

' 4) Bob explained that McLaughlin tricked him into using the victim's Mastercharge card.

McLaughlin produced a credit card on April 9th, telling Bob that its owner had
loaned the card to him in order to buy some new clothes for a trip. At the time
McLaughlin owed Bob over $200.00 as his share of the motel bill. McLaughlin asked
Bob if he'd accept purchases from the credit card in lieu of his debt to Bob. Not
wanting to get stuck for the full bill, Bob decided a bird in the hand was worth two
in the bush. As a result, Bob made purchases on April 9-10th with the credit card
without any knowledge that the card belonged to a man who had been murdered.
(Please note that Bob had direct experience using control measures by credit card
companies governing stolen cards so, if he had murdered Schmidt, why would he
use the victim's credit card -- including two purchases exceeding $25.00 which would
require the store to call via an 800 number to get a purchase authorization number?

5) Bob explained that he first learned of the crime on April 10th, 1973, upon reading a
Miami News story headlined; "Robbery, Abduction, Murder", which described the
murder of Donald Schmidt. Bob realized then how he had been set-up and entrap-
ped by his own gullibility due to the credit card usage. Although Bob confronted
McLaughlin with the newspaper story, Bob was unsure what really happened because
McLaughlin described several different versions of the crime, each different in key
ways from the others in method and participants.

6) Explaining why he did not go to the police, Bob said the reason was fear, a fear
that police would not believe how he came to use the credit card of Donald Schmidt
and wanting nothing to jeopardize the new job. Therefore Bob did nothing, not
wanting to be dragged into a crime that he did not commit.

We 1 _ossess a triple alibi. It is our hope that Porter and/or Connors can ex-

pand upon it. Murphy's cooperation must reluctantly be viewed as a long shot, even
though both Harlow and Tighe have placed Bob and Murphy together on the night in
question.

Physical Evidence: There is not a single shred of hard physical evidence to impli-
cate Bob Sullivan for the murder of Donald Schmidt. Let's discuss some of it.
Bob's prints were not found at Howard Johnson's, nor were Schmidt's prints found
in Bob's car. Conflicting with McLaughlin's testimony, no one else could place either
Bob or his car in the area, not Lambert, Rush or the state trooper. Bob's prints
were not on the tire iron nor on Jenner's pistol, nor were there any bloodstains,
etc., to support that the tire iron had been used to bludgeon the victim. The foot-
prints at the murder scene were not matched to Bob's size, 12 EEE. No one could
explain how Schmidt was missing one shoe. The shoe was never found. Although
there is no ballistics for a shotgun, the state could not match the shell casings
found at the murder scene to Sullivan's brand, nor was the gauge matched. We feel
the best pieces of evidence are the two prints on the tape. Because no match was
made it blows a large hole in McLaughlin's story. There simply is no physical evi-
dence to implicate Bob.

Jenner's Pistol: McLaughlin said Bob knew the location and stole Jenner's pistol.
Bob denied this. William Jenner was interviewed in 1982. He said he is certain that
Bob did not even know that he owned a pistol much less where he kept it. Jenner
suspects McLaughlin had learned of the pistol's hiding place during the fall of 1972,
when McLaughlin stayed a few days at Jenner's home.

The defense team has located three witnesses in Massachusetts to whom Jackson and
McLaughlin attempted to sell some of Schmidt's credit cards. Bob recalls they were
gone overnight once during the period between April 12th and April 16th, 1973.
This may have meant that Jackson was involved in the crime, or at least had know-
ledge of it.

Gilbert Jackson's murder: When it appeared that Gilbert Jackson was a material
witness, Roy Black planned to have him interviewed. On August 28, 1978, five days
after letters that Bob had sent to people who he knew inquiring about Jackson's
whereabouts had reached their destinations, Jackson was murdered in Winthrop,
Massachusetts. Like Schmidt, Jackson's hands were bound and a police officer's
deposition reflects that Jackson also was missing his left shoe. That pattern is
striking! Was Jackson killed because of what he knew about the Schmidt murder?

David Brill's death: David Brill concluded there was a connection. Brill was an
investigative reporter, but also was an undercover agent for the Norfolk County,
Massachusetts, District Attorney, investigating Roger Spear, a wealthy businessman,
who has been suspected of being a kingpin in the gay underworld and drug traf-
ficking. Initially, Brill's investigation centered on the murder of Curtis Dale Barbre,
a gay hustler. Barbre was murdered on February 2, 1978, in Lowell, Massachu-
setts, by a shotgun blast to the head. Barbre's hands had been bound behind the
back, and he too was missing his left boot (sock also). Sound familiar? Other than
Brill investigating the murders of Schmidt, Jackson, and Barbre, there are no other
known links between the victims; however, the missing left shoes in all three mur-
ders would seem to reflect that each murder was committed by the same person.
Brill believed that Roger Spear was responsible for all three murders! In 1979,
Brill's car was broken into and his briefcase stolen. Later, the briefcase was found;
however, it was missing one file, Brill's file on the Sullivan case. Brill accused
Spear of the theft. On November 15, 1979, David Brill was found dead. The cause
of death is officially listed as suicide by cyanide poisoning. Most of Brill's friends
and colleagues insist that it was murder. (See Appendix C.)

Was there a set-up? We know that Donald Schmidt was murdered. We are convinced
that Bob Sullivan was not involved in the Schmidt murder, however we cannot tell
you who was....yet. The way Barden steered the police to Bob without any justi-
fication, plus the anonymous calls alerting the police as to where Sullivan would be
located before there was any reason to consider a suspect certainly looks like he was
set up.. But who did it? Who was/were McLaughlin's co-conspirator(s)? Barden
certainly must top the list. Among Howard Johnson employees, Gazzel cannot be
discounted. Was Brill correct that Spear was behind it? How deeply involved was
Jackson, and why was he murdered when Bob's lawyer intended to question him?
Was there a person named Tom who picked up McLaughlin and Jackson on the even-
ing of April 8th, 1973, and was he. also involved? Was Luchek involved or was that
merely designed to throw Bob off the track? As you can see we've got a lot of
possibilities, but not a good deal of hard proof.

Did Spear have sufficient motive to set Bob up? Roger Spear has been under inves-
tigation in at least two states for a number of crimes, including murder. David Brill
knew that Spear probably wanted Bob Sullivan silenced, since he knew that Bob had
gained knowledge of several of his (Spear's) criminal acts. Bob had become ac-
quainted with Spear due to similar social circles and interests. Spear's pattern
appears to be to eliminate any person who may be a threat to him. (Also see Ap-
pendix F, letter by Virginia Snyder.)

10)

Frank Barden. New details about Frank Barden show that he lied from | cst day
of the investigation. What's more, he has made a series of disappeari This
may not connect him with the Schmidt killing, but we believe it raises some very
serious questions.

Here's a summary of it: Barden was the manager of the Homestead Howard
Johnson's. The victim, Donald Schmidt, was Barden's night manager. On April 8,
1973, the night of the crime, the last employee left the victim alone at 11:30 p.m.
Barden claimed on three different occasions that he returned to the restaurant at
midnight, discovered the money was missing, and immediately called the Homestead
Police Department. Nearly two months later, on June 4, 1973, when Barden was
scheduled to appear as a state witness at Bob's arraignment hearing, he fled, it
turned out, to Nevada with $5,000 he took from the HJ restaurant. He was appre-
hended and returned to Miami. And on September 17, 1973, he plea-bargained for a
sentence of three years' probation. In addition, Barden testified for the state at
Bob's trial. But the judge prohibited Bob's lawyer from asking Barden any ques-
tions about taking money from the HJ or anything about why he fled. We felt those
questions were relevant. Now that belief is even stronger. Here's what we learned
in 1982 from Barden's court record and a newly discovered police report:

(A) On the night Barden reported the crime to Officer Tauriello of the Home-
stead police, he gave a home address that never existed. :

(B) Tauriello's report says that Barden's call was dispatched at 12:49 a.m. on
April 9, 1973. Since Barden claimed he returned to the HJ at midnight, he created
for himself a hole consisting of 49 minutes -- a crucial 49 minutes -- during which
the abduction and murder were taking place. The crime could not have occurred
until after Collette Rush left Schmidt alone at 11:30 p.m. The murder scene is 19
miles from the restaurant. A 38-mile roundtrip could have been completed in 49
minutes.

(C) Barden had no recorded violations during his probation from September
1973 through April 1975 -- 19 months. Things changed radically thereafter.

(1) Barden's last monthly probation report was made during March 1975.

(2) On April 3, 1975, the victim's widow, Rose Schmidt, filed her lawsuit
in federal court.

(3) On April 18, 1975, Barden's probation supervisor, a Mr. Norris,
contacted Barden after discovering that Barden had moved from his authorized
residence without approval.

(4) On April 24, 1975, Barden quit his authorized job, thus severing the
last means of contact by Mr. Norris to him.

(5) Because Barden's whereabouts were unknown, an arrest warrant for
probation violations was issued on August 8, 1975. He was arrested nine days
later, on August 17, 1975.

(6) On December 19, 1975, another warrant was issued for Barden be-
cause he had not been heard from since November 4 of that year. No arrest
was made until February 4, 1977. At that time, his arrest report said he used
the aliases of "Frank Ciarcilini" and "Frank Bradshaw."

(7) After his arrest on February 4, 1977, Barden apparently was not
initially released from jail. On February 10, 1977, Barden admitted in court
that he committed probation violations, and he was released and ordered to
appear at a probation hearing on February 23, 1977. He failed to appear for
that hearing, and a third warrant for his arrest was issued on March 25, 1977.
As far as we know, Barden has not been apprehended on that warrant.

Why did he flee in 1973 instead of appearing at Bob's arraignment? And why
did he disappear 21 days after the widow's suit was filed? Was it because he was
involved in Donald Schmidt's murder? Barden also could not be found just before
Bob's trial for a deposition.

Barden knew of the widow's lawsuit. His name appeared on the deposition list
filed by her attorney. If Barden had nothing to fear or to hide, why would he risk
going to prison by repeatedly violating his probation? Our findings suggest this
sabotaged the widow's suit. Someone had things to fear, it appears.

Rose Schmidt, the victim's widow, might have helped to solve the complex puzzle.
Subsequent to Bob's conviction she filed a federal lawsuit which charged that em-
ployees of Howard Johnson's were responsible for engineering and executing her
husband's murder with the principle perpetrator named being Frank Barden! If she
is correct about Barden, and the facts support her conclusion, we must ask if
Barden and McLaughlin acted alone. James Mitchell, an associate of Brill, recalls
seeing Frank Barden at The Other Side Lounge in Boston before April 8, 1973.
McLaughlin worked for Frank Cashman at The Other Side. Cashman is a close
associate of Roger Spear (Brill's suspect). The plot thickens! Barden's fleeing on.
June 4, 1973 with six day's cash receipts plus the 49 minutes of unaccounted for
time from 12:00 a.m. until 12:49 a.m. on April 9, 1973, make him a prime suspect.

APPENDIX

A Comparison of Bob Sullivan's movements, covering testimony by the
alibi witnesss AND succession of events at Homestead Howard Johnson's,

Sunday
Aprit 8th 1973

<..

Monday

+ April 9th 1978 -

APPENDIX E

9 930 10 1030 11 1130 1145 Mid 1215 1230 1245 1 130 2 230 3 330
DOE a Sas an ct el daa os ee |

WOVEMENTS: | ; ' THE NEW YORK TIMES, SUNDAY, SEPTEMBER 5. 1982
1
| Stop Keiths IN THE NATION
| for beer

Eating AT M

at Lims he Deterrence Myth |

Continuous time} . =

at Keith's bar By Tom Wicker

r t T T t Mayor Ed Koch of New York, who ,. dent” that the threat of execution | besentenced todeath. i

_ALIBI WITNESSES

i T 1 T
Bar graphs indicate time witness saw Su

Tlivan at Keith's Bar

SHOW TIME AT KEITH'S

Featuring Michael St. Laurent

wants to reinstate the death penalty in
New York, conceded in a recent de-

Mr. Sullivan, a 34-year-old white
man, has been on Death Row in Flor-

would make someone think twice be-
fore committing a murder or a rape,

Howard Johnson’s Restaurant on
April 9, 1973. For one thing, attorneys

At that second proceeding in the Sul-
jivan case in 1973, the trial judge found

William bate with other gubernatorial candi- | there is no substantial evidence what- | four “‘aggravating” circumstances

Harlow dates the possibility that an innocent | soever to support this myth. _ | apparently justifying a capital sen-

person might be executed by mistake. In fact, if criminal justice authori- | tence. When Mr. Black argued the

Peter But, the Mayor insisted: “Think of }__ ties agree on any one thing, it is that | case before the Eleventh Circuit Court

Tighe the other side — the thousands of peo- |- the only real deterrent to. crime — | of Appeals on Aug. 30, he put forward

ple who might be killed without that | particularly to murder, which is most j facts that he believes show the judge

Michael deterrent.” : _often a crime of passion — is the fore- | to have been incorrect on two of the

Carmack Well, the case of Robert A. Sullivan | . knowledge of swift and certain punish- } four aggravating circumstances. If

should be studied by Mr. Koch and | ment. The case of Robert A. Sullivan } the circuit court agrees, Mr. Sullivan

Robert others who believe “thousands” of | is only one of many demonstrating | would win at least a new sentencing
murder victims would be spared by the | ..that nothing is less swift or certain | triai.

hod pore peas ae rete aT pesiee Oe Mocianhe d supposed deterrent effect of the death | than the actual execution of someone Thus, the Sullivan case not only shéws

Wayne obs aliDt wnen both are located and interviewed. penalty. The Sullivan case also sug-} under sentence of death. how slow and uncertain — hence how

Biche Thomas Murphy, who was with Bob all evening has gests that if the Mayor or either of the | _ All those appeals and hearings, | poor a deterrent —is the process leading

refused to even be interviewed Republican candidates brings capital | moreover, have raised serious ques- | to the execution of a convicted person. It

Thomas . punishment back to New York, the ex--} tions as to whether Mr. Sullivan did | demonstrates, again not untypically,

+ { | | | + : } ae ose mote possibility, but quite likely. a robbery at the Homestead, Fla., | by inadequate representation of the de-

fendant, misconduct by the police or the
prosecution, errors by the judge, a fail-

a ida since Nov. 14, 1973 — nearly nine | who replaced one who represented | ure to gather and present all relevant
12:30-2:00 ey years, longer than any of the other | him inadequately at his trial have } evidence, or racial and other forms of
oJUN Ee ae 1,024 persons now under sentence of | since been able to locate at ieast two, | prejudice.
7 5 . death in this country. In those nine | alibi witnesses who swear that he was All these factors are too prevalent in
’ years the Sullivan case has gone | miles away from the Homestead How- | the criminal justice system, as most
HOMESTEAD HOWARD JOHNSON'S ; through an exhaustive appeals pro- | ard Johnson’s at the established time aries Na with ce alae,
5 cess in state courts, twice ine } of the robbery. for anyone comfortably to equate con-
i the Florida Supreme Court; throu: During that trial, moreover, the ae
wandanas the clemency process before two Flor- | prosecution allowed the jury to get the. | Viction with the kind ot any a
Lambert ; ida governors; and is now ona repeat | impression that its principal witness |'€ven its advocates demand in
trip through Federal courts that | had passed a lie-detector test; but it cs i neni Death
leave might bring it for a second time to the | has since been established that, in But wi De Lanes on 4
Rush U.S. Supreme Court. fact, the witness was judged to have sel es haga $ ae ai Gi pos
Even if all Mr. Sullivan’s final court | answered untruthfully on four of aa a
leave appeals were turned down, there still | seven questions put to him. dary a end ae Siena
Barden would be a chance, however unlikely, Even if these and other questions Pet oe Ro ee eae
Grah: f is predicting ‘‘a spate of executions
return that Governor Robert A. Graham of | about Mr. Sullivan’s guilt fail to win | 5 as3, In that event Americans will
Th ith Florida — or perhaps by then a third | him a new trial, his present attorney | simost inevitably learn that they ha
omas Wi ernor — might grant him clemency. gee ‘most inevi' ly learn ey have
| Barden Boy as — Roy E. Black of Miami — argues | cent one or rnore or many innocent
| = This record alone, although it is by | that the imposition of the death sen- people to the electric chair or the gas
Police no means untypical, raises the most | tence in the Sullivan case was unwar- f
< f a chamber; but no one will be able to
| dispatched serious objection to the fashionable } ranted. Florida law requires a sepa- : :
Pp A > th While it might ‘ a present a shred of evidence that mur.
| Robbery had to ais sSiaiciett see daira ffeil rate proceeding to determine whether | Ger or rape or any other crime has
| ;, seem ‘“‘common sense” or “Ssell-€vl- “ a person convicted of murder should | peen in the least deterred.
occur between
McLaughlin versipn
_of crime ongoing

9 930 130

10 1030 1100 1130 ue 2 230 3 330 4

1215 12301245 1
night

APPENDIX B (CONTINUED)

On June 19th, while our appeal was still pending, the Governor, in
violation of all rules of decency and legal procedure, signed Bob's death
warrant. I immediately filed a motion to stay the execution in the Florida
Supreme Court, and a hearing was set for Friday, June 22nd. The notice told
us that only the issue of the stay would be decided. Incredibly that court,
after hearing oral argument, just denied our appeal -- without notice to us,
without a chance to file briefs, and in violation of all the rules of appel-
late procedure. This was a telling blow.

We immediately thereafter sought a stay in the Federal Courts, and
won before Judge Gonzalez.

As you can see, the Florida State Courts are only interested in exe-
cuting as many people as possible in as short a time as possible. At the
Federal Court hearing, the State sent three Attorneys General, two State Attor-
neys, and the trial judge, in an effort to speed the execution. The State had
20-30 lawyers working on the case, with the use of a private jet and the State

Highway Patrol to deliver documents.

Surprisingly, the death warrant signing has backfired for the State;
two new witnesses were found. Two men who read the newspaper accounts came
forward and signed sworn statements that Bob was indeed with them, at a bar,
at the time of the murder -- just as Bob has been claiming al? along. Attached
are various newspaper articles, one of which describes this testimony. This
has been a big break in the case, and I now intend to carry it forward.

Our biggest problem is that all our funds are totally exhausted.
In one week we have had to expend at least $2500. Xerox costs were over
$700; telephone about $500; plane, fare, taxis, transcripts, etc., all add
up. I expended my own funds when the defense fund ran out. In order to
insure success, we had to fly to Tallahassee three times, to the peniten-
tiary, and to New Orleans. All documents had to be hand-delivered because

of the short time given to us.

On the bright side -- all work done on Bob's case has been by vol-
unteers. I have spent several hundred hours myself; my associate, Frank
Furci, has spent considerable time. When the death warrant was signed, at-
torneys from all over the state volunteered to assist me. Two attorneys
even did emergency typing over the entire weekend of June 23-24, to prepare
papers for the Federal Appellate Court. Millard Farmer, a noted Atlanta
criminal lawyer, stood by in New Orleans to assist us at the Federal Appel-

late Court.

The battle of the past week ended in a great victory for us, but
we must be fully prepared for the legal battles of the future and ultimately
for the chance to prove Bob's innocence.

We filed a class action lawsuit in the Florida Supreme Court to
force the State to pay our expenses, but the court unanimously denied our
request and held that the men on Death Row are not entitled to court-appointed
counsel or for funds to pursue their appeals.

So Bob's only hope is that you will continue to support him with
your letters and contributions.

Cordially yours,

Roy E. Black

/sgr
encs.

APPENDEX C

‘The Case of

Robert A.
Sullivan

By STEVE GETTINGER

O HIS CLASSMATES he was “Sully” In the 1965 yearbook of
Belmont High School in Belmont, Massachusetts, they described
him as a “wholesome and natural personality... hard worker at all he
tackles ...distinct individual.”

Robert Austin Sullivan is now thirty-two. He left Massachusetts
to go to college in Florida, and he is still in school, with nine As and
GENE one B in recent courses from the University of Florida. He is not
however, eligible for a degree; he must be in residence at the university for his last hike
hours of credit. Sullivan does his course work sitting on the concrete floor of a six-by-nine-
foot cell, using his bed as a desk. Since 1973, his home has been death row at the Florida
State Prison. ‘

It is a limited ‘existence. Every hour of every day is spent in that yellow-walled cell
except for a five-minute shower every other day and twice-a-week exercise periods. iis
skin has the pallor of someone who gets to see the sun only twice a week.

During his exercise periods, Sullivan occasionally leaves the volleyball game to wander
over to the chain link fence and stare through it at a little concrete-block building. It is the
death house, and when the sun is right and the shades are up, Sullivan can peer through the
window and see the electric chair, waiting.

ROLLING STONE, ‘48 H6, 1980

SOMETIME AFTER MIDNIGHT on April 9th, 1973, Donald Schmidt lay in the back
seat of an automobile speeding through the mists of the marshes outside Miami. His
wrists were bound with adhesive: tape. Schmidt, the assistant manager of a Howard
Johnson’s restaurant and the father of several children, had been kidnapped from his job
while counting the day’s receipts. When the car finally stopped, two men marched Schmidt
into the swamp. There he knelt, and using both barrels of a shotgun, they blasted away the
top of his head. ;

Several days after Schmidt’s body was found, the police learned that Robert Sullivan, a
former employee of the restaurant, was using Schmidt’s credit card. When they ardested
Sullivan, he was with two men, Reid McLaughlin and Gilbert Jackson. In the trunk of their
car were a shotgun and adhesive tape. Sullivan was wearing Schmidt’s wristwatch. Back in
the motel room the three men shared, police found $1336.83 — about half of what the
robbery netted. The other half was never found. After a sleepless night of interrogation
Sullivan signed a confession, as did McLaughlin. Jackson was allowed to leave. ‘

APPENDIX C (CONTINUED)

The trial was brief. McLaughlin turned state’s evidence in exchange for a life sentence,
and he testihed that Sullivan had planned the crime and fired the fatal shots. The
prosecutors contended that Sullivan’s motive was to pull off “the perfect crime” in
revenge for being sacked from his job at Howard Johnson’s. (Schmidt and Sullivan did not
know each other). Against this — the confessions and the physical evidence — Sullivan’s
court-appointed attorney presented only two witnesses: Sullivan and a fingerprint expert
who entered into evidence unidentified prints that appeared on the tape thar bound
Schmide. Sullivan repudiated his confession and denied that he had participated in the
murder, saying that he was in a bar that night and maintaining that McLaughlin had used a
ruse to get him to use the watch and the credit card. When it came time to plead for
Sullivan’s life, his attorney spent less than five minutes trying to tug the heartstrings of the
jury. It didn’t work, and Sullivan was sentenced to die.

SULLIVAN DOES NOT fit the image of a robber-murderer. He is probably the most
middle-class of the 140 inmates on Florida’s death row. As an infant, he was adopted by a
Harvard-educated surgeon in New Hampshire in an attempt to shore up a failing
marriage. It didn’t work, and the traumas of being passed around after the divorce left
Sullivan with a stuttering problem and a desire to leave home. He attended the University
of Miami for four years but dropped out to go into restaurant management.

For the first four years on death row, Sullivan remained silent about the crime on orders
from his attorney. Things took a surprising turn in 1978 when Sullivan got a new attorney
and proclaimed that he had not been involved in the murder at all—that he had been
framed.

There is not a guilty man on death row, if you ask them. Many inmates offer pro forma
protestations of innocence for the benefit of their families, or to create a lingering doubt in
the governor's mind when it comes time to sign a death warrant. But Roy Black, Sullivan’s

new attorney, has come up with enough to cast substantial doubt on Sullivan's guilt.

Black claims that Sullivan was set up by McLaughlin to take the rap for his partners,
Gilbert Jackson and another man whose name has cropped up in several other investiga-
tions. He has affadavits from inmates who say McLaughlin told them that he lied;
McLaughlin has denied this. Sullivan’s “confession,” Black says, was the product of lack of
sleep and police pressure, with the police providing the details—several of which proved to
be inaccurate.

Sullivan contends, as he did at his trial, that on the night of the murder, he was in Keith's
Cruise Lounge in Hallendale, Florida, from 11:30 p.m. until four a.m., the hours when the
crime took place. Until recently, no one had tried very hard to contact anyone who might
have been there. The lounge went out of business several years ago. But as a result of the
publicity surrounding Sullivan’s death warrant, two men have come forward to proclaim in
affadavits that they were with Sullivan in the bar that night. One of them says he
remembers the night vividly because he celebrated his eighteenth birthday there that
night, and he places Sullivan there from 11:30 p.m. to 3:30 a.m. The other witness is the

_ bartender, who recalls that Sullivan drank Johnny Walker Red all night, ran a tab and

returned the next day to pay his bill.

Sullivan and Black say this did not come out at the trial because Sullivan’s original
attorney, Denis Dean, did not bother to investigate. They have filed a motion, part of which
charges Dean with providing ineffective assistance, and this is the thin legal thread by
which Sullivan’s life dangles. If a court rules that Dean did not do his job adequately, then

~ Sullivan would be entitled to a new trial. If the motion fails, however, then this new evidence

will probably never make it into a courtroom.

APPENDEX C (CONCLUDED)

There is one aspect of this case that has remained in the shadows: Keith’s Cruise
Lounge, where Sullivan claims to have been, had a reputation as a hangout for local gays.
This might explain why it has been so difficult to find alibi witnesses for Sullivan. In Dade
County, where sentiment against gays runs high, it is understandable that men might
choose not to proclaim to the world that they had spent a particular night six years ago in
that particular bar. Roy Black says that he has heard from some skittish patrons, including
one Sullivan asked police to call immediately after his arrest, and doe he is
negotiating with them to come forward publicly.

There have been even more mysterious developments in the case in recent months. Soon
after Roy Black began a concerted search for Gilbert Jackson, Jackson was found
murdered in Massachusetts. Two men subsequently pleaded guilty to the crime, but there
have been rumors that more people were involved. Later, in the fall, a reporter for a Boston
gay periodical and friend of Jackson’s who was investigating the case and who was
convinced of Sullivan’s innocence turned up dead as well. He was killed by cyanide
poisoning; the death was ruled a suicide, but in the minds of some police officers there are
still some unanswered questions. Sullivan says Jackson and the reporter were killed to
protect the real murderer. :

Meanwhile, Black has discovered that the physical evidence in Sullivan’s case —
including the unmatched fingerprints from the tape that bound Schmidt’s wrists — was
destroyed last year by court order.

IF SULLIVAN IS saci abi it will not be the first time Florida has tried to
execute an innocent man. Three men who spent long years on death row in thi

Delbert Tibbs, Freddie Pitts and Wilbert ae were nel cleared of their oe
Spenkelink, who was executed last May, offered a claim of self-defense that was never
conclusively disproven. And there is reason to believe that the last man executed in Florida
in the Sixties, Sie Dawson, may have been railroaded. Florida does not have a particularly
good track record in its rush to lead the nation in capital punishment.

NOW SULLIVAN IS back in R-1-N-8, proclaiming a faith in his ultimate vindication
that his past experience in the courts would not seem to support. The finding of the two
alibi witnesses and the news of the Massachusetts investigations have made him almost
buoyant. But he knows that if he loses the next round of appeals, he probably has only a
year or so to live. He also knows that if the governor signs another death warrant for him,
he probably won’t come out of the deathwatch alive. “It’s like a nine-inning ball game,” he
says in his deliberate manner, with pauses that threaten to turn into a full stutter. “You get
behind in the first few innings, but you still try to win the game. Only here” —he chuckles
without mirth—“if you win the ball game, you are alive. If you lose the ball game— you are

dead.”

Steve GETTINGER is the author of ‘Sentenced to Die: the People, the C rimes and the
Controversy.’ :

APPENDIX F
Vaginia Amyelet, oe.
PRIVATE INVESTIGATIVE AGENCY
38 SOUTH SWINTON AVENUE
DELRAY BEACH. FLORIDA 33444
Prasiclent (305) 278-9565
Vesicle Snyder West Palm Beach 734-3111
iol 4 Sat Miami 949-6066
Grvesligators November 20, 1982
K. Wayne Campbell
Lila Kipp
Fu Erut Coordnaler
Shoji Oue Snyder

Dear Friends of RASLDF,

As I am the private investigator on Bob Sullivan's case, we felt it
would be appropriate for me to write this letter for use in the next

newsletter.

Our agency will celebrate its Sixth Anniversary on November 97, 1982,
which is also my 62nd Birthday. I enjoy the challenge of my work and
have no thought of retiring. My nephew, Wayne Campbell, who is doing
much of the work on Bob's case, was trained by me and uses the same
approach that has proven so successful in the past. Our investigative
style has attracted the interest of the news media. A feature about
me and the agency, including my husband, Ross, also an investigator,
was aired on the NBC Today Show on January 7, 1982. Also, there was a
story in the September issue of MS Magazine and I was included in a
story in the November issue of Money Magazine.

More exciting, NBC has contracted with QM Productions to do a weekly,
one-hour series on me and the agency. I am hopeful that the exposure

cases such as Bob's in which there has been a miscarriage of justice.

resulting from the series will afford me an opportunity to speak out on

Incidentally, Bob is not the only Death Row client whom I represent,
who, in my opinion, is innocent. Four others have won temporary or
permanent reprieves, three of them based primarily on information de-
veloped by me. <

Bob's attorney, Roy Black, is the person who brought me into his cas¢
in 1979. Since that time, we have literally spent hundreds of hours in
various investigative activities. I realize that it has been your con-
tributions that have enabled us to investigate many aspects of Bob's
case. A complete investigation is absolutely necessary in order to
fully get to the truth. I find it incredible that there was NO pre-
trial investigation in any form in Bob's case, not even to speak to
prospective alibi witnesses. As you probably know, the first major
breakthrough was finding two alibi witnesses for Bob: Peter Tighe and
William Harlow. Both men, in sworn testimony in federal court, have
repeated what Bob has been saying all along -- that he was in a lounge
40 miles from the crime scene at the time the crime took place.

Even though the needed investigation is incomplete, after assimilating
the facts and information known to and discovered by this agency, I

have concluded that the Robert A. Sullivan known to you did not partic-

ipate in the robbery-abduction-murder of Donald Schmidt. In order to
prove Bob's innocence to a court's satisfaction, however, based upon
Judge Gonzalez's negative ruling, we must accumulate additional ex-

culpatory data.

It is important, I believe, for you to know that your contributions
to RASLDF are making a real difference. Due to the grim possibility
that Bob could exhaust all of his appeal steps on this round within a
year's time, a decision was made to intensify the investigation. Ob-
viously, now is the time to undertake every reasona
gation that could help to creat a new appeal issue, or to assist in

proving Bob's innocence. We are doing so now. I am optimistic that we

are headed in the right direction. _ The accompanying report in the
newsletter will list and describe several of the areas in which we are

working and the information we have found.

ble area of investi-

APPENDIX F (CONTINUED)

Th
cae ee otal deci ae your contributions have indeed
r : é se advances have been realized 1
people like you and I cared eno Teese ee
: : ugh to help. The more favor i -
Sandia ina find, the chances will improve for Bob's Cae
S57 Gena e courts of his innocence. Bob's case is extremely complex
p ue to the success by those person(s) who set him uv. The :

crime also makes the job of i i c
se Gee j an investigator much more difficult, saich as

pear ee Ee ae pricey a Deg I hope your support of
, ough we have been moving f rd, this

case has not yet been solved. Final success, I cre coe iy be

: n : : feel, can o
es ea cu more exculpatory evidence is uncovered. tee oy
ee gle rea tae and witnesses is via investigation. Because
Bolg out bees - ee so strongly, this agency strives hard to
coe ee s and related expenses as low as possible. Nonetheless

y sts simply cannot be avoided. For example, for the month of

October, travel, document
Be os ang oo ee eae and telephone expenses exceeded

Ce ea see pia who set Bob up, and why Bob was
; t ely difficult to piece to ether. Ma
i epee le ue into vlace and inter canine 1s we Gene cece
ee oe iy aa enforcement. I would like to briefly describe an
eager a oe dC a aaa basa i sh gba: Starke. That day convinced
x ob up and the motive for it. F ix
intense hours, Bob and I met at th i i : eer
e 5 and e prison with two (2 t-of-
ee ee ee a eb and a WA eh eo ae I
: : t th or jurisdiction at this time because I
=e pad pone elec ae cae a: ote that six-hour diceuceinn ieee
a ow cell, both officers candidl to
sepe apal ee convinced that Bob is innocent, the ee ee
ars ne med volunteered to help wherever possible. After meeting
Boca cee widsicne eee tae with James Mitchell of
; | : : : itchell had worked closel i i
Brill, the investigative reporter, until Brill died in 1379 of oe (ant

ing. Mitchell iti ‘
Boe apt che shed additional light on the reason(s) for Bob being

Our efforts throu i i i

gh investigation continue Ther

: : : e are at lea
ee ee Ahaha who should be found and soe lt soe aca
Amiga tine Dace nie ee eee apis that may have been overlooked
iberately concealed fr i

ae : om the defense b
Be aoe pee eee located the residence of a person who ght eps

who was among Bob's five named alibi witnesses.

You é

More es hee nee are in a very unusual position with your

innocence to ecne deg ana necessary to demonstrate Bob's
E action. is agency i . s

continue to work hard toward achieving ae ue eee capacity, will

With your continued assi
stance, together we can bring thi
: : is cas
successful conclusion by seeing Bob Sullivan a free ne feere a it!

Sincerely,

irgeren? Pogder
Virginia Snyder

President

yoo |

unti er Bob's case hademoved en to the lith Circuit which é en
is w has not yet testified.

Listed below by name will be the recollections of the
three alibi witnesses tracing the movements of Bob Sullivan

on the evening of April 8 - 9, 1973.

1. Michael Carmack A Chart
Hike recalls the evening in question due to the Comparing Sullivan's movements, statements by the
birthday celebration for both Harlow and Tighe, as alibi witnesses and events at Homestead Howard
well as the show featuring Michael St. Laurent. | Johnson's
‘Carmack recalls Bob by his nickname "Sully". Carmack Sunday me
recalls Sully trying to talk to him soon after he < April 8, 1973 ad fe i gag Yor
arrived, but it was too noisy. Soon after the show : p i
started, Mike sent Sully a note via the waiter, Mid
suggesting that they talk during the show while he 9 | 930) 10 1030} 11 }1130 1145 nighe 215 1230 1245 1 1130] 2 | 230] 3 1330
wasn't busy. Mike recalls that he spoke to Sully SULLIVAN'S
during the show for about half an hour. ; MOVEMENTS
5” peter Tinh Stop Keiths * *
° eter ghe
"I'm positive he was there that night around 11:30 PM." as ag
"Nr, Sullivan went over to the show bar and he sat. + tome K
Mr. Sullivan stayed there during the show. The show ‘
ended about 2:00 AM in the morning. Mr. Sullivan Arrive 1130
did come over at the side of this bar on the side Keiths bar *
where Michael Carmack was working." 4 e Depart
"I recollect that ne was there at closing time. a eo gn
* aT aietyod at Ket ths with my friends around 11:20 PM." N.IBI WITNESSES = Asterisks indicate time witness saw Sullivan at Keith's Bar
"April 8, 1973, was my 18th birthday." William 1130
"Bob was not there when I arrived." jarlow * * * re - ;
"I saw Bob arrive between 11:30 - 12:00." feter “ re 1130
When asked what other times Harlow saw Bob Sullivan ighe x * -
that night, his answers were: ; ichael 1130
"During the show at the bar talking to Michael. armack * * *
"I saw him numerous times during the show but not always Mert
with Michael, also sitting down." sce
"Saw Bob after the show between 2 - 2:30 at the front
bar talking to Peter and Michael." ayne
onners
homas
On the accompanying chart, we have tried to accurately urphy
pinpoint the key times as a visual met for ee a 3 =e
At no time between 11:30 PM and 2:00 Ali spanning e HOW TIME AT KEITH'S Y 2 :
of April 8 - 9, 1973, was Bob Sullivan not accounted for at ; Featuring Michael St. Laurent
Keith's lounge by at least one and usually two persons for a Start 1230
period that would have been long enough to participate in the | Ps
crime. All three alibi witnesses have echoed Bob's own version ‘Finish 3
of his may oat © quite aera enepre’ apoyaelne Ce = ae 2
11:30 PM) and movements during the show. jar >
ee example, talking to Mike while the show was in progress. |MESTEAD HOWARD JOHNSON'S
losi 10
We now possess a triple alibi. It is our hope that Porter josing _
and/or Connors can expand upon it. Murphy's cooperation must bert 115
reluctantly be viewed as a long shot, even though both Harlow ave a
and Tighe have placed Bob and Murphy together on the night in sh 7130
question. We sincerely hope that you may now be MORE convinced on Ls
yourself than ever before through these three alibi witnesses rden tees
that Bob is innocent. We apologize for the length of this se ‘ -
newsletter; however, longwindedness is a necessary evil in order aie: wel th 930, i210
to clearly communicate our message to you. And we desperately rden x .
need your support again if we are to be able to fund additional tee 1355
investigation which we hope will improve our position even more. patched .
With TIME running out for Bob's appeals, we need your support bey had to EI? Tie
NOW. RASLDF thanks you for your consideration of the raffle steed Fae a -
message which accompanies this newsletter. laughlin. versipn AFT? .
crime ongoing * c
Thank you, | 9 | 930 | 10 |1030) 11 1130/1145 mist 1215 12341245] 1 1130} 2 | 230} 3 | 330
-5- | |

Ralph Jacobs, Director

mA er RT

ROBERT AUSTIN SULLIVAN c/o Ralph Jacobs, director

Legal Defense Fund 53 Leicester Road
RAS LDF Newsletter Belmont, Mass. 02178
November 1982 Phone: 617-)79-6441 (nights)

There is considerable news to report by the RAS LDF at this time, including
information about Bob's appeal status, an update on the investigation progress,
results of the 1982 raffle, and comments on fund-raising in general.

Oral arguments in Bob's appeal were heard on Aug. 30, 1982, in Atlanta before
a panel of three judges of the U.S. llth Circuit Court of Appeals. The date had
been rescheduled from June 30 because Bob's attorney, Roy Black, was involved in
a five-month trial in Dade County, where eight police officers were charged with
drug and racketeering offenses. Because of the scheduling confiict, Bob missed
having his case heard by the June 30 panel, which, according to one attorney, was
"about as good as anybody could hope to get on that circuit." Instead, Bob's
Aug. 30 panel consisted of Judges Roney, Faye and Tjoflat — all of whom are
considered to be conservative interpreters of the law.

It is impossible for us to speculate how or when the appeals-court panel
will rule. Several months can pass between the time oral arguments are made
and a decision is handed down. In September 1982, an lith Circuit panel
ruled favorably on Charles Proffitt's appeal after deliberating for more than
ll months. Proffitt won a new sentencing hearing, but the state has appealed.
A ruling in Bob's case may not come down for several months. The side that
loses probably will appeal to the U.S. Supreme Court.

We're using this time wisely to expand our investigation. Accompanying this
newsletter is a letter to RAS LDF supporters from Bob's investigator, Virginia
Snyder, who discusses many elements of the investigation. For a complete 18-page
report detailing Bob's case, please send a self-addressed envelope bearing 37
cents in postage.

The investigation in 1982 has produced very significant results. Your support
through contributions was crucial to the recent level of investigation. Without
your support, the investigation would have been impossible. Special thanks must
go to Ray McCaffrey of Los Angeles, who donated the color TV used as the grand
prize in last summer's raffle. Special thanks also to Ted Bailey, the RAS LDF
coordinator in Sydney, Australia. Ray and Ted's help is deeply appreciated.

Since our last newsletter, Virginia Snyder's investigation has made several
important discoveries that either support Bob's innocence and/or point to the
person or persons responsible for setting him up. Your contributions have
helped us make these discoveries:

(1) After meeting with Bob on July 29, 1982, two law-enforcement officials
believed that Bob did NOT rob and kill Donald Schmidt, but that rather he was the
victim of an elaborate set-up. These officers' independent investigation could
help corroborate several theories, because their efforts focus directly on the
persons who appear to have arranged the set-up against Bob.

(2) Our efforts to locate additional alibi witnesses and secure their
cooperation are continuing. Two firm alibi witnesses, William Harlow and
Peter Tighe, already have testified. Efforts to persuade witness Thomas
Murphy continue to be met with resistence. Murphy refuses to talk about
the alibi and to meet with Virginia. But he has never told us that he does
not know anything. There's a good chance Virginia has located witness
Robert Porter. We'll know for sure once Bob has a chance to examine a photo
of him. Then we'll contact him

(3) Virginia has persuaded a Howard Johnson's executive named Mr. Bleser
to help us locate five former employees of the HJ restaurant in Homestead, Fla.
We would like to interview them, particularly Frank Barden's former fiancee
and roommate as of April 8, 1973, Carol V. Thomas. We hope that Mr. Bleser
will find some clue or address in employee records that can lead us to some
of these people. It is extremely important that we interview every employee
who was present at the HJ restaurant on the night of the crime.

(4) After acquiring and comparing all the police reports on the case, we
noted a potentially significant discrepancy among the items of physical evidence.
The watch Bob wore when he was arrested — the one lent to him by Reid McLaughlin
when Bob's watch malfunctioned — may not have been the victim's watch. Bob wore

a Waltham watch when he was arrested. But Officer Tauriello's police
report says the watch was described by the victim's widow as a Timex.

We are trying to double-check this point. If the Timex was not a mistake,
it would impeach both Reid McLaughlin and Sgt. Felton. Plus it could mean
the police deliberately altered their report to match the watch Bob had
been wearing during his arrest.

(5) Two persons have made statements that clearly contradict the informa-
tion listed in Sgt. Felton's report. Bob's trial lawyer never tried to show
these contradictions, one of which also impeaches Reid McLaughlin in an import-
ant area of his trial testimony.

(6) We discovered that a series of strange phone calls had been madee The
police acknowledged receiving two anonymous calls during their investigation.
Each call directed them to Bob Sullivan. The pattern of the calls is consis-
tent with a set-up in progress. In addition, someone claiming to be Bob's
late father — but in fact was not — made at least two calls. We have
determined that Bob's dad did not make the calls. But someone else did.

A caller claiming to be Bob's father reportedly spoke with the widow's
attorney. The caller's information was erroneous beyond doubt, leading

sus to believe that whoever was trying to set up Bob was also trying to sabotage
the direction of the widow's lawsuit against the Howard Johnson Co. Thus,
these persons, unknown to us, first directed the police to where Bob could be
found and later undermined a post-trial investigation representing the widow
looking into her husband's murder. It appears someone was trying to move the
investigation away from themselves at Bob's expenses

(7) In the past we have obtained sworn statements from five convicts, each
of whom knew Reid McLaughlin and to each of whom McLaughlin made a variety of
statements. Before Bob's trial and later, when he himself was in prison, Mc-
Laughlin consistently boasted how he cleverly set up Bob Sullivan for a crime
Bob did not commit. In addition, McLaughlin made other statements we can now
confirm. In 197), McLaughlin claimed that a close associate of the man who
planned Bob's set-up (McLaughlin identified him as Roger Spear) had fixed it
with the prosecutor so that he — McLaughlin — would be paroled to Massachusetts
no later than 1981. Parole records show that McLaughlin was released on March 17,
1981, and transferred to Massachusetts for parole in May 1981. We also learned
that a very close associate of Spear's attended law school with one of Bob's
prosecutors. Is that a coincidence?

(8) New details about Frank Barden show that he lied from the first day of
the investigation. What's more, he has made a series of disappeamces. This
may not connect him with the Schmidt killing, but we believe it raises some
very serious questions. For the full background on Barden, we urge you to
read, or re-read, the case report,

Here's a summary of it: Barden was the manager of the Homestead Howard
Johnson's. The victim, Donald Schmidt, was Barden's night manager.
On April 8, 1973, the night of the crime, the last employee left the victim
alone at 11:30 pem. Barden claimed on three different occasions that he
returned to the restaurant at midnight, discovered the money was missing,
and immediately called the Homestead Police Department. Nearly two months
later, on June , 1973, when Barden was scheduled to appear as a state
witness at Bob's arraignment hearing, he fled, it turned out, to Nevada
with $5,000 he took from the HJ restaurant. He was apprehended and returned
to Miami. And on Sept. 17, 1973, he plea-bargained for a sentence of three
years' probation. In addition, Barden testified for the state at Bob's
trial. But the judge prohibited Bob's lawyer from asking Barden any questions
about taking money from the HJ or anything about why he fled. We felt those
questions were relevant. Now that belief is even stronger. Here's what
we learned from Barden's court record and a newly discovered police report:

(A) On the night Barden reported the crime to Officer Tauriello of the
Homestead police, he gave a home address that never existede

(B) Tauriello's report says that Barden's cali was dispatched at 12:19
aem. on April 9, 1973. Since Barden claimed he returned to the HJ at mid-
night, a created for himself a hole consisting of 9 minutes — a crucial
9 minutes — during which the abduction and murder were taking place. The
crime could not have occurred until after Collette Rush left Schmidt alone at
11:30 pem. The murder scene is 19 miles from the restaurant. A 38-mile
roundtrip could have been completed in 49 minutes.

(C) Barden had no recorded violations during his probation from September 1973
through April 1975 — 19 months. Things changed radically thereafter.

(1) Barden's last monthly probation report was made during March 1975.

. (2) On April 3, 1975, the victim's widow, Rose Schmidt, filed her law-
suit in federal court.

(3) On April 18, 1975, Barden's probation supervisor, a Mr. Norris,
contacted Barden after discovering that Barden had moved from his authorized
residence without approval.

(4) On April 24, 1975, Barden quit his authorized job, thus severing the
last means of contact by Mr. Norris to him.

(5) Because Barden's whereabouts were unknown, an arrest warrant for
probation violations was issued on Aug. 8, 1975. He was arrested nine days
later, on Aug. 17, 1975.

(6) On Dec. 19, 1975, another warrant was issued for Barden because he
had not been heard from since Nov. ) of that year. No arrest was made until
Feb. , 1977. At that time, his arrest report said he used the aliases of
"Frank Ciarcilini" and "Frank Bradshaw."

(7) After his arrest on Feb. ), 1977, Barden apparently was not released
from jail. On Fe. 10, 1977, Barden admitted in court that he committed
probation violations, and he was ordered to appear at a probation hearing
on Feb. 23, 1977. He failed to appear for that hearing, and a third warrant
for his arrest was issued on March 25, 1977. As far as we know, Barden has
not been apprehended on that warrant.

Why did he flee in 1973 instead of appearing at Bob's arraignment. And
why did he disappear 21 days after the widow's suit was filed? Was it be-
cause he was involved in Donald Schmidt's murder?

These are only some of the areas being investigated. The more we probe,
the more favorable data we accumulate. But we have to do more in order to
succeed in Bob's behalf. Again we must appeal to you for help. From May
to October 1982 — a six-month period — legal expenses, including those
for investigation, exceeded $4,000. The net proceeds from the 1982 raffle
were slightly higher than $2,000. Realizing the state of the economy, we're
grateful for the amount the raffle produced. Yet it is painfully clear
that we're not taking in as much as we need to pay our bills. We must move
forward, but we can't without more help. We have outlined the direction in
which we're moving. But we need your assistance to reach our destination.

Time is working against us, and your contributions are urgently needed.
We must do everything possible while Bob's appeal is pending in the llth
Circuit so that we can effectively respond to any decision or crisis. If
we lose in the llth Circuit, Bob's situation will become very serious —
and fast. We must expand our fund-raising efforts. One idea we're consi-
dering is holding two raffles in 1983 instead of one. Any other ideas are
most certainly welcomed. If we can put togdher a raffle in early 1983,
would you consider donating a prize? If you can, please write us as soon
as possible, describing the prize fully.

Winners of the Aug. 25, 1982, raffle drawing were:

% Jeff Linden of New York City, who won the grand prize, the Hitachi
color TV.

% William Grady of Quincy, Mass., who won a $50 gift certificate.

* Katherine O'Brien and Lillian Stack, both of Belmont, Mass., each
of whom won 15 pounds of live lobster.

Therefore, you can see for yourself that your contributions have indeed
helped Bob's case. The case advances have been realized only because
people like you and I cared enough to help. The more favorable inform-
ation that we find, the chances will improve for Bob's lawyer(s) to
convince the courts of his innocence. Bob's case is extremely complex,
in part due to the success by those person(s) who set him up. The
crime also makes the job of an investigator much more difficult, such as
to locate witnesses.

Despite the risk of sounding self-serving, I hope your support of
RASLDF will continue. Although we have been moving forward, this
case has not yet been solved. Final success, I feel, can only be
achieved if much more exculpatory evidence is uncovered. The ONLY
way to find new evidence and witnesses is via investigation. Because
I believe in Bob's innocence so strongly, this agency strives hard to
keep our fees and related expenses as low as possible. Nonetheless,
many costs simply cannot be avoided. For example, for the month of
October, travel, document procurement and telephone expenses exceeded
$54, $135, and $95, respectively.

Attempting to unravel the crime itself, who set Bob up, and why Bob was
set up, has been extremely difficult to piece together. Many parts of
the puzzle are falling into place and interestingly we might get some
solid help from law enforcement. I would like to briefly describe an
entire day, July 29, 1982, which I spent in Starke. That day convinced
me about the people who set Bob up and the motive for it. For six (6)
intense hours, Bob and I met at the prison with two (2) out-of-state
law-enforcement officials, a captain and a polygraph expert. (Note: I
cannot list their names or jurisdiction at this time because I could
impair their investigation.) After that six-hour discussion, and after
Bob returned to his Death Row cell, both officers candidly told me

that they too are convinced that Bob is innocent, the victim of a plann-
ed set-up. They volunteered to help wherever possible. After meeting
with Bob, the three of us then met at a motel with James Mitchell of
Boston until after midnight. Mitchell had worked closely with David
Brill, the investigative reporter, until Brill died in 1979 of poison-
ing. Mitchell shed additional light on the reason(s) for Bob being

set up.

Our efforts through investigation continue. There are at least a dozen
more prospective witnesses who should be found and interviewed. Also,
we are searching for exculpatory evidence that may have been overlooked

in the past and/or was deliberately concealed from the defense by police.

We have only recently located the residence of a person who might be the
Robert Porter who was among Bob's five named alibi witnesses.

You, the supporters of RASLDF, are in a very unusual position with your
support to aid in establishing the proof necessary to demonstrate Bob's
innocence to anyone's satisfaction. This agency in our capacity, will
continue to work hard toward achieving that end result.

With your continued assistance, together we can bring this case to a
successful conclusion by seeing Bob Sullivan a free man. Let's do it:

Sincerely,

Virginia a ogden

President

RASLDF
1983 RAFFLE INFORMATION

RASLDF is launching its major fund-raising effort for 1983--its fourth annual raffle.
It will be our best raffle ever! In the past, the drawing preceeded Labor Day weekend.
However, with Bob's precarious appeal status, which is thoroughly discussed in this RASLDF
Newsletter, it was decided to move the drawing up to June. These two extra months will
allow us to apply the funds raised from the raffle to investigation throughout the summer.
This will enable us to ready to deal with the worst possible scenario, should it occur
in October or any time thereafter. With Bob's very life at state, hanging in the balance,
we cannot affordto be unprepared.

For reference: The dates to remember for the 1983 RASLDF raffle are:
1- Drawing date: Thursday, June 30th
2- Raffle table in Belmont Center:

Friday, June 24th 6 to 9 p.m.
and
Saturday, June 25th 11 to 3 p.m.

In addition to the Newsletter with this information, an allotment of raffle tickes will
be included in this mailing for your consideration, It is necessary to fill out each
ticket and mail all of them back to us as soon as possible. They must be received before
the June 30th drawing date.

The prizes for this year are listed on the tickets. In addition to the Grand Prize,
we offer again the very popular two prizes each consisting of 15 pounds of live New England
lobsters. These prizes are donated to RASLDF by Ralph Jacobs, who traps lobsters as a hobby.

Should you wish additional raffle tickets, they are available from Ralph Jacobs on
request. Ralph's address and phone number are listed here for your convenience. You are
also encourage to visit us at the Belmont Center raffle tables, and bring your friends!
Further information will appear in future issues of the Belmont Herald: Watch for it.

We want to thank you for your participation in the 1983 raffle drive. Frankly, our
need has never been greater. If we are to adequately fund more urgently need investigation
by Virginia Snyder, we must raise several thousand dollars. Previous contribution have
enable us to move forward in many ways, such as strengthening the alibi defense. Your
contributions do make it all possible. They DO MAKE A DIFFERENCE!

Stated simply, we need more money, and lots of it. We have to keep coming back asking
for YOUR help just as long as Bob is wrongfully imprisoned. PLEASE contribute as often and
as much as you can afford, Every dollar counts! We are grateful for every contribution,
whether large or small. We appreciate and acknowledge those of you who contribute to RASLDF
On a monthly or regular basis. How about you? Will you make a pledge to contribute on
a regular basis?

With your help, Bob's case has come a long way since 1979. Major advances have been
made toward exoneration, We believe that anyone who look at all the facts should now be
able to see that far more than "a reasonable doubt" exists now that Bob Sullivan is innocent.
Our goal will be to prove Bob's innocence beyond all doubt. We hope the alibi will help us
to achieve that goal.

For those who may have forgotten, the State of Florida provides NO Legal assistance of
ANY kind to indigents after the first appeal step has been exhausted. Therefore, RASLDF
must pay for all expenses, including investigation. The ONLY way to find exculpatory
evidence and/or witnesses is by costly investigation. We appeal to you to help us again
to raise the money to pay the bills, before it is TOO LATE!

Please give as generously as you can. The contributions of every one of us make the
difference by helping to save the life of an innocent man. And as we have stressed, TIME
is at a premium. We need your help, NOW.

Thank you for your consideration of this plea.
Respectfully,

Ralph L. Jacobs

Director, RASLDF

53 Leicester Road

Belmont MA‘ 02178

(617) 479 6441 (Home phone: nights)

__THE NEW YORK TIMES, SUNDAY, SEPTEMBER 5, 1982

‘IN THE NATION

The Deterrence Myth |

By Tom Wicker _

Mayor Ed Koch of New York, who
wants to reinstate the death penalty in
New York, conceded in a recent de-
bate with other gubernatorial candi-
dates the possibility that an innocent

might be executed by mistake.

But, the Mayor insisted: ‘Think of
the other side — the thousands of peo-
ple who might be killed without that
deterrent.” ik

Well, the case of Robert A. Sullivan
should be studied by Mr. Koch and
others who believe ‘‘thousands” of
murder victims would be spared by the
supposed deterrent effect of the death
penalty. The Sullivan case also sug-

gests that if the Mayor or either of the | ,

Republican candidates brings capital
punishment back to New York, the ex--
ecution of an innocent man is not a re-
mote possibility, but quite likely.

cess in state courts, twice reaching |
the Florida Supreme Court; through |

the clemency process before two Flor-

ida governors; and is now on a repeat |
trip through Federal courts - that |
might bring it for a second time to the |

U.S. Supreme Court.

Even if all Mr. Sullivan’s final court
appeals were turned down, there still
would be a chance, however unlikely,
that Governor Robert A. Graham of
Florida — or perhaps by then a third
governor — might grant him clemency.

This record alone, although it is by.
no means untypical, raises the most
serious objection to the fashionable
“deterrent” theory. While it might
seem ‘‘common sense” or “‘self-evi-

. dent” that the threat of execution
would make someone think twice be-
fore committing a murder or a rape,
there is no substantial evidence what-
soever to support this myth.

~the only real deterrent to. crime —
particularly to murder, which is most
_ often a crime of passion — is the fore-
: knowledge of swift and certain punish-
ment. The case of Robert A. Sullivan
_is only one of many demonstrating
cthat nothing is less swift or certain
than the actual execution of someone
under sentence of death.

All those appeals and hearings,
- moreover, have raised serious ques-
tions as to whether Mr. Sullivan did
. murder one Donald Schmidt as part of
-a robbery at the Homestead, Fia.,
Howard Johnson’s Restaurant on
April 9, 1973. For one thing, attorneys
-who replaced one who represented
him inadequately at his trial have

alibi witnesses who swear that he was
miles away from the Homestead How-
ard Johnson’s at the established time
of the robbery.

During that trial, moreover, the
prosecution allowed the jury to get the
impression that its principal witness
had passed a lie-detector test; but it
has since been established that, in
fact, the witness was judged to have

| answered untruthfully on four of

seven questions put to him.

Even if these and other questions
about Mr. Sullivan’s guilt fail to win
-him a new trial, his present attorney
— Roy E. Black of Miami — argues
that the imposition of the death sen-
tence in the Sullivan case was unwar-
ranted. Florida law requires a sepa-

rate proceeding to determine whether
@ person convicted of murder should

- In fact, if criminal justice authori- ,
|_. ties agree on any one thing, it is that

since been able to locate at least two,

be sentenced to death.

At that second proceeding in the Sul-
livan case in 1973, the trial judge found
four “‘aggravating’’ circumstances
apparently justifying a capital sen-
tence. When Mr. Black argued the
case before the Eleventh Circuit Court
of Appeals on Aug. 30, he put forward
facts that he believes show the judge
to have been incorrect on two of the
four aggravating circumstances. If
the circuit court agrees, Mr. Sullivan
would win at least a new sentencing
trial.

Thus, the Sullivan case not only shows
how slow and uncertain — hence how
poor a deterrent — is the process leading
to the execution of a convicted person. It
demonstrates, again not untypically,
that the conviction may well be flawed
by inadequate representation of the de-
fendant, misconduct by the police or the
prosecution, errors by the judge, a fail-
ure to gather and present all relevant
evidence, or racial and other forms of
prejudice.

All these factors are too prevalent in
the criminal justice system, as most
of those familiar with it acknowledge,
for anyone comfortably to equate con-

viction with the kind of certainty that
even its advocates demand in death
penalty cases.

But with 1,025 persons on Death
Row, many of them for years and
many — like Robert Sullivan — ap-

the end of all avenues of ap-
peal, the Bureau of Justice Statistics
is predicting ‘‘a spate of executions”
in 1983. In that event, Americans will
almost inevitably learn that they have
sent one or more or many innocent
people to the electric chair or the gas
chamber; but no one will be able to
present a shred of evidence that mur-
der or rape or any other crime has
been in the least deterred.

ROBERT AUSTIN SULLIVAN
LEGAL DEFENSE FUND

53 LEICESTER ROAD

BELMONT, MASSACHUSETTS
OA178

RALPH JACOBS: DIRECTOR
PHONE: 617-479-6444

%,
PRIVATE INVESTIGATIVE AGENCY

38 SOUTH SWINTON AVENUE
DELRAY BEACH, FLORIDA’ 33444

BPassicdent (305) 278-9565

Virginia Snyder West Palm Beach 734-3111
Vice Prasident November 20, 1982 Miami 949-6066

Ross S. Snyder

Far eat Goordnalor
Shoji Oue Snyder

Dear Friends of RASLDF,

As I am the private investigator on Bob Sullivan's case, ~ iene
would be appropriate for me to write this letter for use

newsletter.

i i i i November 27, 1982,
: will celebrate its Sixth Anniversary on
erick is nies my 62nd Birthday. I enaey Se Feit ae pee
have no thought of retiring. My nephew, Wayne ; R :
d by me and uses the sam
much of the work on Bob's case, was traine S Brg: 2
ful in the past. Our investig
approach that has proven so success EET ete since
ttracted the interest of the news media. f ;
ai cua tac eeeaey. including my husband, a ae ee nee 2
ired on the NBC Today Show on January 7, : lso, :

aeaty th the September issue of MS Magazine and I was included in a
story in the November issue of Money Magazine.

; : oo
More exciting, NBC has contracted with rk ee dota teeny
i am hop :
one-hour series on me and the agency. t eS
i i ortunity to spea
ing from the series will afford me an oppc t : :
er es as Bob's in which there has been a miscarriage of justice.

Bob's attorney, Roy Black, is the person who brought me sate ae ee
in 1979. Since that time, we have literally ee ee fe) ere ae
various investigative activities. I realize that it has gga ra
tributions that have enabled us to investigate many parte o2 Se
case. A complete investigation is np bes Yea SA rig teat Sse ee
et to the truth. I find it incredible tr
ay invédtioatton in any form in Bob's case, not er peeee aaiar
prospective alibi witnesses. Be tae nab: ben eke cad
rough was finding two alibi witnes : :
william Bay tier: Both men, in pagers pose oo tare
i ong --
repeated what Bob has been saying all a n
40 miles from the crime scene at the time the crime took place.

Even though the needed investigation fe eee are eee preteens diag
i i ve ¥;

facts and information known to and disco :
pdt concluded that the Robert A. pee pales: gre Nem cee shen
i i - ion-murder of Don :
ipate in the robbery-abduction mu DF a . Seer aceon

i ction, however,

rove Bob's innocence to a court's satisfa ; , OD po
vides Gonzalez's negative ruling, we must accumulate additional e
culpatory data.

It is important, I believe, for you to know that Heiggel gece, Sty ao

to RASLDF are making a real difference. Due to t ot mes Ln peerage
that Bob could exhaust all of his appeal steps ie pine ieee Achaea em
year's time, a decision was made to intensify the i a ag ete
viously, now is the time to undertake every reasona he Oo sreage
gation that could help to creat a new appeal inset De eS os
proving Bob's innocence. We are doing so now. P> os 20 rp ge

are headed in the right direction. The a =~ $e Re ae
newsletter will list and describe several of the a

ite

crime also makes the job of an investigator much more difficult, such as
to locate witnesses.

October, travel, document procurement and telephone expenses exceeded
$54, $135, and $95, resvectively.

ing. Mitchell shed additional light on the reason(s) for Bob being
set up.

Our efforts through investigation continue. There are at least a dozen
more prospective witnesses who should be found and interviewed. Also,

we are searching for exculpatory evidence that may have been overlooked
in the past and/or was deliberately concealed from the defense by police.
We have only recently located the residence of a person who might be the
Robert Porter who was among Bob's five named alibi witnesses.

With your continued assistance, together we can bring this case to a
successful conclusion by seeing Bob Sullivan a free man. Let's do it!

Sincerely,

Virginia a yb

President

Ross S. Snyder

PRIVATE INVESTIGATIVE AGENCY

38 SOUTH SWINTON AVENUE
DELRAY BEACH, FLORIDA 33444

Pauident
Virginia Snyder (305) 278-9565
’ West Palm Beach 734-3111

Vice Paasident November 20, 1982

Miami 949-6066

K. Wayne Campbell

Lila Kipp
Far Feat Coordinator

Shoji Oue Snyder

Dear Friends of RASLDF,

As I am the private investigator on Bob Sullivan's case, we felt it

would be appropriate for me to write this letter for use in the next

newsletter.

Our. agency will celebrate its Sixth Anniversary on November 27, 1982,
which is also my 62nd Birthday. I enjoy the challenge of my work and
have no thought of retiring. My nephew, Wayne Campbell, who is doing

much of the work on Bob's case, was trained by me and uses the same

approach that has proven so successful in the past. Our investigative
style has attracted the interest of the news media. A feature about
me and the agency, including my husband, Ross, also an investigator,
was aired on the NBC Today Show on January 7, 1982. Also, there was a

story in the September issue of MS Magazine and I was included in a
story in the November issue of Money Magazine.

More exciting, NBC has contracted with QM Productions to do a weekly,
one-hour series on me and the agency. I am hopeful that the exposure
resulting from the series will afford me an opportunity to speak out on
cases such as Bob's in which there has been a miscarriage of justice.

Incidentally, Bob is not the only Death Row client whom I represent,

who, in my opinion, is innocent. Four others have won temporary or

permanent reprieves, three of them based primarily on information de-

veloped by me.

Bob's attorney, Roy Black, is the person who brought me into his case
in 1979. Since that time, we have literally spent hundreds of hours in
I realize that it has been your con-
tributions that have enabled us to investigate many aspects of Bob's

various investigative activities.

case. A complete investigation is absolutely necessary in order to

fully get to the truth. I find it incredible that there was NO pre-

trial investigation in any form in Bob's case, not even to speak to
prospective alibi witnesses. As you probably know, the first major
breakthrough was finding two alibi witnesses for Bob:
William Harlow.

40 miles from the crime scene at the time the crime took place.

Even though the needed investigation is incomplete, after assimilating

the facts and information known to and discovered by this agency, I

have concluded that the Robert A. Sullivan known to you did not partic-
ipate in the robbery-abduction-murder of Donald Schmidt. In order to
prove Bob's innocence to a court's satisfaction, however, based upon

Judge Gonzalez's negative ruling, we must accumulate additional ex-
culpatory data.

It is important, I believe, for you to know that your contributions

are headed in the right direction. The accompanying report in the

newsletter will list and describe Several of the areas in which we are

working and the information we have found.

Peter Tighe and
Both men, in sworn testimony in federal court, have
repeated what Bob has been saying all along -- that he was in a lounge

ges

During 1982, Bob's case attracted considerable media attentiion. Some of

the interest is because of Bob's distinction of bei
on death row 1
than anyone else in the country. one a,

Enclosed with this newsletter is a copy of Tom Wicker's article about
Bob. It appeared in The New York Times on Sunday, Sept. 5, 1982, and
was syndicated nationwide, ,

Unless the U.S. Supreme Court reverses course on capi i
soon, it appears the floodgates for executions will Nite tae ae Mae
report released this year, the U.S. Justice Department predicted that exe-
cutions could occur at record rates by that years perhaps as many a three
aweek. We hope to get Bob out of that danger before the inevitable starts.

Bob is in the process of gathering research on cases in which innocent
people were condemned to death. So far, he has found a dozen cases that
occurred since 1975. This alarming rate of error underscores the fallibility

of the justice system. How many others, besides Bob, have b
die for crimes they did not commit? ‘ i ae ia gnepis

We need your help, and we hope and pray that you will be as supportive

as you have been in the past, Please write us soon if
prize for the 1983 raffle. you can donate a

To each of you we wish a very happy holiday season and best wishes for
the new year.

Thank you,

RAS LDF

ROBERT AUSTIN SULLIVAN
LEGAL DEFENSE FUND

53 LEICESTER ROAD

BELMONT , MASSACHUSETTS
02178

RALPH JACOBS: DIRECTOR
PHONE: 617-479-6444

_ ‘THE NEW YORK TIMES,

SUNDAY, SEPTEMBER 5, 1982

‘IN THE

NATION

The Deterrence Myth

By Tom Wicker —

Mayor Ed Koch of New York, who
wants to reinstate the death penalty in
New York, conceded in a recent de-
bate with other gubernatorial candi-
dates the possibility that an innocent
person might be executed by mistake.

But, the Mayor insisted: ‘‘Think of
the other side — the thousands of peo-
ple who might be killed without that
deterrent.”

punishment back to New York, the ex-.

ecution of an innocent man is not a re-
mote possibility, but quite likely.

Mr. Sullivan, a 34-year-old white
man, has been on Death Row in Flor-
ida since Nov. 14, 1973 — nearly nine
years, longer than any of the other
1,024 persons now under sentence of
death in this country. In those nine
years the Sullivan case has gone
through an exhaustive appeals pro-
cess in state courts, twice reaching
the Florida Supreme Court; through
the clemency process before two Flor-
ida governors; and is now on a repeat

trip through Federal courts: that |

might bring it for a second time to the
U.S. Supreme Court.
Even if all Mr. Sullivan’s final court

appeals were turned down, there still |

would be a chance, however unlikely,
that Governor Robert A. Graham of
Florida — or perhaps by then a third
governor — might grant him clemency.

This record alone, although it is by.

no means untypical, raises the most
serious objection to the fashionable
“deterrent” theory. While it might
seem ‘‘common sense” or ‘‘self-evi-

. dent” that the threat of execution
would make someone think twice be-
fore committing a murder or a rape,
there is no substantial evidence what-
soever to support this myth.

|. ties agree on any one thing, it is that
~the only real deterrent to.crime —
particularly, to murder, which is most
_ often a crime of passion — is the fore-
: knowledge of swift and certain punish-
ment. The case of Robert A. Sullivan
_is only one of many demonstrating
that nothing is less swift or certain
than the actual execution of someone
under sentence of death.
. All those appeals and hearings,
- moreover, have raised serious ques-
tions as to whether Mr. Sullivan did
. murder one Donald Schmidt as part of
-a@ robbery at the Homestead, Fla.,
Howard Johnson’s Restaurant on
April 9, 1973. For one thing, attorneys
‘who replaced one who represented
him inadequately at his trial have

alibi witnesses who swear that he was
miles away from the Homestead How-
ard Johnson’s at the established time
of the robbery.

During that trial, moreover, the
prosecution allowed the jury to get the
impression that its principal witness
had passed a lie-detector test; but it
| has since been established that, in
fact, the witness was judged to have
answered untruthfully on four of
.seven questions put to him.

Even if these and other questions
about Mr. Sullivan’s guilt fail to win
chim a new trial, his present attorney
— Roy E. Black of Miami — argues
that the imposition of the death sen-
tence in the Sullivan case was unwar-
ranted. Florida law requires a sepa-
rate proceeding to determine whether
@ person convicted of murder should

In fact, if criminal justice authori- ;

since been able to locate at least two,

be sentenced to death.

At that second proceeding in the Sul-
livan case in 1973, the trial judge found
four “aggravating” circumstances
apparently justifying a capital sen-
tence. When Mr. Black argued the
case before the Eleventh Circuit Court
of Appeals on Aug. 30, he put forward
facts that he believes show the judge
to have been incorrect on two of the
four aggravating circumstances. If
the circuit court agrees, Mr. Sullivan
would win at least a new sentencing
trial.

Thus, the Sullivan case not only shows
how slow and uncertain — hence how
poor a deterrent — is the process leading
to the execution of a convicted person. It
demonstrates, again not untypically,
that the conviction may well be flawed
by inadequate representation of the de-
fendant, misconduct by the police or the
prosecution, errors by the judge, a fail--
ure to gather and present all relevant
evidence, or racial and other forms of
prejudice.

All these factors are too prevalent in
the criminal justice system, as most
of those familiar with it acknowledge,
for anyone comfortably to equate con-

viction with the kind of certainty that
even its advocates demand in death
Ity cases.

But with 1,025 persons on Death
Row, many of them for years and
many — like Robert Sullivan — ap-
proaching the end of all avenues of ap-
peal, the Bureau of Justice Statistics
is predicting ‘‘a spate of executions”
in 1983. In that event, Americans will
almost inevitably learn that they have
sent one or more or many innocent
people to the electric chair or the gas
chamber; but no one will be able to
present a shred of evidence that mur-
der or rape or any other crime has
been in the least deterred.

ROBERT A. SULLIVAN
1947 - 1983

ROBERT AUSTIN SULLIVAN , x c/o Ralph Jacobs, director

Legal Defanae Fund 53 Leicester Road

RAS LDF etter Belmont, Mass. 02178
Novembe: Phone: 617-179-641 (nights)

Oral arguments in Bob's appeal were heard on Aug. 30, 1982, in Atlanta before
a panel of three judges of the U.S. llth Circuit Court of Appeals. The date had
been rescheduled from June 30 because Bob's attorney, Roy Black, was involved in
a five-month trial in Dade County, where eight Police officers were charged with
drug and racketeering offenses. Because of the scheduling contlict, Bob missed
having his case heard by the June 30 panel, which, according to one attorney, was
"about as good as anybody could hope to get on that circuit," Instead, Bob's
Aug. 30 panel consisted of Judges Roney, Faye and Tjoflat — all of whom are
considered to be conservative interpreters of the law,

It is impossible for us to speculate how or when the appeals-court panel
will rule. Several months can pass between the time oral arguments are made
and a decision is handed down. In September 1982, an llth Circuit panel
ruled favorably on Charles Proffitt's appeal after deliberating for more than
ll months. Proffitt won a new sentencing hearing, but the state has appealed.
A ruling in Bob's case may not come dawn for several months. The side that
loses probably will appeal to the U.S. Supreme Court.

We're using this time wisely to expand our investigation. Accompanying this
newsletter is a letter to RAS LIF supporters from Bob's investigator, Virginia
Snyder, who discusses many elements of the investigation. Fora complete 18-page
report detailing Bob's case, please send a self-addressed envelope bearing 37
cents in postage.

The investigation in 1982 has produced very significant results, Your support
through contributions was crucial to the recent level of investigation. Without
your support, the investigation would have been impossible, Special thanks must
go to Ray McCaffrey of Los Angeles, who donated the color TV used as the grand
prize in last summer's raffle. Special thanks also to Ted Bailey, the RAS LDF
coordinator in Sydney, Australia. Ray and Ted's help is deeply appreciated.

(1) After meeting with Bob on July 29, 1982, two law-enforcenent officials
believed that Bob did NOT rob and kill Donald Schmidt » but that rather he was the
victim of an elaborate set-up. These officers! independent investigation could
help corroborate several theories, because their efforts focus directly on the
persons who appear to have arranged the set-up against Bob.

Murphy continue to be met With resistence, Murphy refuses to talk about
the alibi and to meet with Virginia. But he has never told us that he does
not know anything. Therets @ good chance Virginia has located witness
Robert Porter, We'll know for sure once Bob has a chance to examine a photo
of him, Then we'll contact him.

(3) Virginia has persuaded a Howard Johnson's executive named Mr. Bleser
to help us locate five former employees of the HJ restaurant in Homestead, Fla.
We would like to interview then, particularly Frank Barden's former fiancee
and roommate as of April 8, 1973, Carol V. Thomas. We hope that Mr. Bleser
will find some clue or address in employee records that can lead us to some
of these people. It is extremely important that we interview every employee
who was pres@mt at the HJ restaurant on the night of the crime,

(4) After acquiring and comparing all the police reports on the case, we
noted a potentially significant discrepancy among the items of physical evidence.
The watch Bob wore when he Was arrested — the one lent to him by Reid McLaughlin
when Bob's watch malfunctioned — may not have been the victim's watch. Bob wore

« ~

a Waltham watch when he was arrested. But Officer Tauriello's e
repart says the watch was described by the victim's widow as a ;

(6) We discovered that a series of strange phone calls had been made. The
police acknowledged receiving two anonymous calis during their investigation.
Each call directed them to Bob Sullivan. The pattern of the calls is consis-
tent with a set-up in progress. In addition, someone claiming to be Bob's
late father — but in fact was not — made at least two calis, We have
determined that Bob's dad did not make the’ calls. But someone else did.

A caller claiming to be Bob's father reportedly spoke with the widow's
attorney. The caller's information was erroneous beyond doubt, leading

‘us to believe that whoever was trying to set up Bob was also trying to sabotage

the direction of the widow's lawsuit against the Howard Johnson Co, Thus,
these persons, unknown to us, first directed the police to where Bob could be
found and later undermined a post-trial investigation representing the widow
looking into her husband's murder. It appears someone was trying to move the
investigation away from themselves at Bob's expensee

(7) In the past we have obtained sworn statements from five convicts, each
of whom knew Reid McLaughlin and to each of whom McLaughlin made a variety of
statements. Before Bob's trial and later, when he himself was in prison, Mc-
Laughlin consistently boasted how he cleverly set up Bob Sullivan for a crime
Bob did not commit. In addition, McLaughlin made other statements we can now
confirm. In 1974, McLaughlin claimed that a close associate of the man who
Planned Bob's set-up (McLaughlin identified him as Roger Spear) had fixed it
with the prosecutor so that he — McLaughlin — would be paroled to Massachusetts
no later than 1981. Parole records show that McLaughlin was released on March 17,
1981, and transferred to Massachusetts for parole in May 1981, We also learned
that a very close associate of Spear's attended law school with one of Bob's
prosecutors. Is that a coincidence?

(8) New details about Frank Barden show that he lied from the first day of
the investigation, What's more, he has made a series of disappeamces. This
may not connect him with the Schmidt killing, but we believe it raises some
very serious questions. For the full background on Barden, we urge you to
read, or re-read, the case report,

Here's a summary of it: Barden was the manager ol the Homestead Howard
Johnson's. The victim, Donald Schmidt, was Bardan's night manager.
On April 8, 1973, the night of the crime, the last employee left the victim
alone at 11:30 p.m. Barden claimed on three different occasions that he
returned to the restaurant at midnight, discovered the money Was missing,
and immediately called the Homestead Police Department. Nearly two months
later, on June 4, 1973, when Barden was scheduled to appear as a state
witness at Bob's arraignment hearing, he fled, it turned out, to Nevada
with $5,000 he took from the HJ restaurant. He was apprehended and returned
to Miami. And on Sept. 17, 1973, he plea-bargained for a sentence of three
years' probation. In addition, Barden testified for the state at Bob's
trial. But the judge prohibited Bob's lawyer from asking Barden any questions
about taking money from the HJ or anything about why he fled. We felt those
questions were relevant. Now that belief is even stronger, Here's what
we learned from Barden's court record and a newly discovered police report:

(A) On the night Barden reported the crime to Officer Tauriello of the
Homestead police, he gave a home address that never existed.

(B) Tauriello's report says that Barden's call was dispatched at 12:9
aem. on April 9, 1973. Since Barden claimed he returned to the HJ at mid-
night, a created for himself a hole consisting of 9 minutes — a crucial
49 minutes — during which the abduction and murder were taking place. The
crime could not have occurred until after Collette Rush left Schmidt alone at
11:30 pem. The murder scene is 19 miles from the restaurant. A 38—mile
roundtrip could have been completed in l9 minutes.

os ARR -

¥ ~e

(1) Bar last monthly probation report was made during March 1975.

- (2) On apras 3, 1975, the victim's widow, Rose Schmidt, filed her law-
suit in federal court.

(3) On April 18, 1975, Barden's probation supervisor, a Mr. Norris,
contacted Barden after discovering that Barden had moved from his authorized
residence without approval.

(4) On April 24, 1975, Barden quit his authorized job, thus severing the
last means of contact by Mr. Norris to him.

(5) Because Barden's whereabouts were unknown, an arrest warrant for
probation violations was issued on Aug. 8, 1975. He was arrested nine days
later, on Aug. 17, 1975.

(6) On Dec. 19, 1975, another warrant was issued for Barden because he
had not been heard from since Nov. )} of that year. No arrest was made until
Feb. 4, 1977. At that time, his arrest report said he used the aliases of
"Frank Ciarcilini" and "Frank Bradshaw."

(7) After his arrest on Feb. , 1977, Barden apparently was not released
from jail. On Fe. 10, 1977, Barden admitted in court that he committed
probation violations, and he was ordered to appear at a probation hearing
on Feb. 23, 1977. He failed to appear for that hearing, and a third warrant
for his arrest was issued on March 25, 1977. As far as we know, Barden has
not been apprehended on that warrant.

Why did he flee in 1973 instead of appearing at Bob's arraignment. And
why did he disappear 21 days after the widow's suit was filed? Was it be-
cause he was involved in Donald Schmidt's murder?

These are only some of the areas being investigated, The more we probe,
the more favorable data we accumulate. But we have to do more in order to
succeed in Bob's behalf, Again we must appeal to you for help. From May
to October 1982 — a six-month period — legal expenses » including those
for investigation, exceeded $4,000. The net proceeds from the 1982 raffle
were slightly higher than $2,000. Realizing the state of the economy, we're
grateful for the amount the raffle produced. Yet it is painfully clear
that we're not taking in as much as we need to pay our bills. We must move
forward, but we can't without more help. We have outlined the direction in
which we're moving. But we need your assistance to reach our destination.

Time is working against us, and your contributions are urgently needed.
We must do everything possible while Bob's appeal is pending in the llth
Circuit so that we can effectively respond to any decision or crisis. If
we lose in the llth Circuit, Bob's situation will become very serious ~—
and fast. We must expand our fund-raising efforts. One idea we're consi-
dering is holding two raffles in 1983 instead of one. Any other ideas are
most certainly welcomed, If we can put togdther a raffle in early 1983,
would you consider donating a prize? If you can, please write us as soon
as possible, describing the prize fully.

Winners of the Aug. 25, 1982, raffle drawing were:

* Jeff Linden of New York City, who won the grand prize, the Hitachi
colar TV.

* William Grady of Quincy, Mass., who won a $50 gift certificate.

* Katherine O'Brien and Lillian Stack, both of Belmont, Mass., each
of whom won 15 pounds of live lobster.

<j.

During 1982, Bob's case attracted considerable media attentiion. Some of
the interest is because of Bob's distinction of being on death row longer
than anyone else in the country.

Enclosed with this newsletter is a copy of Tom Wicker's article about
Bob. It appeared in The New York Times on Sunday, Sept. 5, 1982, and
was syndicated nationwide.

Unless the U.S. Supreme Court reverses course on capital punishment, and
soon, it appears the floodgates for executions will open by 198). Ina
report released this year, the U.S. Justice Department predicted that exe-
cutions could occur at record rates by that years perhaps as many a three
aweek. We hope to get Bob out of that danger before the inevitable starts,

of the justice system. How many others, besides Bob, have been sentenced to
die for crimes they did not commit?

We need your help, and we hope and pray that you will be as supportive
as you have been in the past. Please write us soon if you can donate a
prize for the 1983 raffle,

To each of you we wish a very happy holiday season and best wishes for
the new year.

Thank you,
RAS LDF

THE LOSS OF ROBERT A. SULLIVAN

On the 30th of November, 1983 the State of Florida succeeded in their
relentless quest to legally murder Robert A. Sullivan. The execution
cecurred despite literally thousands of requests to Gov. Graham for a
stay; pleas for a stay came from RASLDF supporters, anti-capital punishment
advocates, the general public, the Gov. and Lt. Gov. of Massachusetts
numerous legislators from various states, the Catholic Bishops of Florida,
and even from Pope John Paul II. While so many were convinced either of
Bob's innocence or substantial doubt remaining in his case, neither the
courts nor Gov. Graham could be swayed.

Bob's lawyers worked nearly round the clock for the last week to
argue numerous appeal points, whose merit seemed so obvious to us, yet
weren't of "substance" to the courts, Evidence presented included:

1. Affidavits by 2 additional witnesses, who placed
Bob at a lounge some 40 miles from the Homestead Howard
Johnson's at the established time of the crime;

2. Affidavits from 3 individuals who indicated that
the co-defendant in the case had told them that Bob
Sullivan had not committed the crime, but had been set up;

3. Documentation which showed that the Dade County
Police had altered police reports to give the impression
that Bob was wearing the victim's watch at the time he
was arrested, when in fact Bob was not wearing the victim's
watch;

4, An affidavit from co-defendent McLaughlin which
told that Bob's numerous requests for a lawyer at the
time of his arrest had been denied; and

5. Documentation showing that Bob's trial lawyer,
Dennis Dean, had never contacted any alibi witnesses-
this being contrary to Dean's testimony at the 1980
Evidentiary Hearing.

All this and more relevant material were not enough to convince the courts
that a stay was warranted.

Gov. Graham had also been made aware through Bishop Snyder that a
Boston man had confessed to a priest that he was with Sullivan at a lounge
at the time of the crime. This man was unwilling to come forward for fear
his family would learn he was gay. Gov. Graham chose not to give any
credence to this information. Nevertheless, Gov. Graham's office had
deep concerns over the 3 affidavits of those who quoted co-defendant
McLaughlin as saying that Bob Sullivan had not committed the crime, but
had been set up. As late as Tuesday evening, November 29th, a top aide
to Gov. Graham, Sydney McKenzie, telehhoned Bob's former lawyer, Roy Black,
to inquire about the affidavits. While these affidavits were given in
1974, they had not been presented in court until the most recent proceedings
as the information was considered hear-say evidence. Nonetheless, the
affidavits substantiated Bob's innocence. Mr. McKenzie was concerned
because there was no way of determining the validity of those documents
before the execution the next day. We know for a fact that Gov. Graham
was personally aware of this information, and chose to ignore it. Gov.
Graham had decided that nothing short of a court order would prevent him
from proving to his constituence that he was a HARD LINER on capital
punishment. That court order never came, as Bob's final appeals were
turned down on Wednesday morning.

When the State of Florida executed Bob Sullivan, they took from us
a very dear friend and a special human being. Of all the inmates on
Florida's Death Row, Bob was probably the most exemplary individual.
He was a model prisoner who had the respect of the other inmates as well
as the prison workers and officials. Besides educating himself about
the legal system, which confronted him, he counseled fellow inmates in

BOB'S LAST STATEMENT

62nd Psalm

In God alone is my soul at rest for my hope comes from hin.

He alone is my rock, my stronghold, my fortress.

I stand firm.

How long will you attack one (1) man to break him down?

As though he were a tattering wall, or a tumbling fence?

Their plan is only to destroy. They take pleasure in lies. With
their mouths they utter blessings, but in their hearts they curse.
In God alone, be at rest my soul for my hope comes from hin.

He alone is my rock, my stronghold, my fortress.

I stand firm.

In God is my safety and glory -- the rock of my strength.

Take refuge in God all you people. Trust him at all times.

Pour out your hearts before him for God is our refuge. Common
folks are only a breath. Great men an illusion. Placed in the
scales, they rise. They weigh less than a breath.

Do not put your trust in oppression, nor vain hopes on plunder.
Do not set your heart on riches, even when they increase.

For God has said only one thing, only two do I know.

That to God alone belongs power and to you Lord -- love.

And that you repay each man according to his deeds.

I send my love to all my friends, who are in reality my family.
I send a message to all opponents of capital punishment that the cause
is just. To all my peers, in spite of what is about to happen to me,
do not quit! I want to thank all who I kmow and those who I do not know,
including clergy and persons not of my faith who are literally worldwide,
for their prayers. Not only do I want to thank the Catholic Bishops
of the U.S., and especially those in Florida for all their efforts seeking
mercy and justice in my behalf, but more importantly I plead and encourage
their continued efforts to end the monster called capital punishment.
In particular, I want to especially express my deepest gratitude to His
Holiness John Paul II for his persoal intervention asking that my life
be spared.

To some my end may seem that it is a defeat, however, in reality
it is a great victory but only to those who can SEE. I hold malice to
none. May God bless us all.

Robert Austin Sullivan
November 30, 1983
6:30 AM

Starke, Florida

have any one to help me to read and write Better and to help me
with my case. each time i think of Bob it tears me up in side

Bob was just like my Brother and i miss Bob very much and i will
alway remember Bob and all the good time we had together and no one
can every take away the friend ship me and Bob had Because it will
always stay in my heart for every and every."

Bob's execution has left us with so many emotions that it is hard to
put our feelings into words. Disbelief, helplessness, anger, sorrow, and
a painful sense of losing a loved one are some of the emotions which
linger on. We continue to ask ourselves questions. How could it happen?
Why Bob? What else could we have done? These questions are difficult,
yet in time I'm sure we'll find answers to these and the other aspects of
Bob's death, which trouble us.

Many of us have been heartened by having had the opportunity to speak
to and listen to some of those who were close to Bob in those final days.
Margaret Vandiver amoungst others was extremely helpful in this respect.

A very moving and emotional memorial mass was celebrated before 200 people
at St. Joseph's Catholic Church in Belmont, Ma. Three of the priests,
who officiated in the mass and had been with Bob during the last days,
were Rev. Robert J. Boyle, Rev. Vincent E. Daily and Rev. Cornelius J.
Heery. Their message told of Bob Sullivan being victorious through his
faith - a growing faith which brought him to a total peace with himself
and God. Even with his impending death Bob worried about others and how
they were holding up. If during the course of their conversation things
got a bit somber, it was Bob who would pick them up. Undoubtedly, Bob was
sad about his scheduled death, yet he prepared himself with the peace of
God in his heart. Bob went to his death with a dignity of the highest
order. Father Boyle described his own thoughts of Bob's death with the
famous words "Free at last, free at last, God Almighty, free at last."

- in God's hands, whose beloved Son he is, even as you are. Beloved
of God, your life so precious it can be measured only in the measure
of his holy blood.

In your power now, if you must die, lies the supreme chance of
surpassing the vengeance of the State. You can undergo death in the
image of Christ.

But for those who have part in your death, other images must be
summoned. All who wash their hands of you, betray you, mock your
agony, move on you in spasm of cruelty, those who keep you caged,
marked for death these long years --- all those who “know not what
they do" - their self-inflicted curse is something else. To live
on, in the image of Pilate, vainly cleansing the blood that clings
to his soul. In the image of Barabbas, in the image of Herod,
mocker cf life, in the image of Judas who loved money above his
Lord, in the image of the Sanhedrin who lusted after law and order
and religion as business-as-usual.

In this Passion Play of Starke Death Row, to you the condemned one,
is given the supreme honor of taking the part of Christ, the
condemned One. Imagine it. Believe it. Walk to death in that
aura. You alone, forgiving as you do, knowing as you do that "they
know not what they do", - you alone I dare say, know exactly,
painfully, even hopefully, what you do.

They are blind; as Dorothy Day would say, the blindest of the
blind. More: it is suggested by the Lord's judgment that they have
chosen their own blindness. With the cruel instruments of power,
ego, pride of place, the spirit of vengeance, they have plucked out
their own eyes.

But to you, it is granted to see, to be gifted with the moral
clarity that makes of your death what Christ would have it be - a
gift, even a victory.

These are brave words; you know I do not set them down cheaply or
lightly. I write you in words I long to have directed to me.
Indeed it would be closer to the truth to admit that in so writing
to you, I address my own soul. I do not feel brave. I feel a great
fear and trembling. A hope opens in my being when I think of you.

I long to be at your side. It is only the truth that you are loved
by God, deeply and at great cost, that heartens me.

Many die. You may indeed die. But we believe that God is not
mocked. The God of life is not put to naught by the lords of
earth. A handwriting appears on the wall; though our leaders are
illiterate, you are not.

The writing on the wall says something quite simple and final. A
hand has written on the walls of the mighty, walls impregnable (as
they think) against death, hunger, suffering. Those walls are
stripped of their grandeur. The writing says, the great are also on
Death Row. The nuclear weapons, the hideous conventional weapons,
the bread stolen from the poor, the degradation of skill and
authority, - all these taken together spell out a fearsome judgment
- a death warrant against those who sign death warrants, in the
world, and in Starke Prison.

Take courage dear brother, we stand with you and pray with you.

In the world, worse things can befall one than death. In our Lord's
words, it is worse to gain the whole world, and suffer the loss of
one's soul, one's conscience, compassion, love of others.

None of these you have lost. Therefore you shall live.

Daniel

Well dear friends, I ask that you too, as I have, reflect upon Father

Dan's words, which create a very powerful message to everyone. In life, I
have not lost. And as Father Dan beautifully states - therefore I shall
live. Upon my arrival at the Pearly Gates, I certainly can say that I have
already served my time in Hell while on Earth!

If I am executed, I ask that you NOT remember me for that but instead
please remember me for what I tried to stand for and practiced in life such as
my caring for others, even on death row, helping persons like George Vasil,
Monroe Holmes, and James Hill, persons incapable of helping themselves. In my
memory, I ask at this time that some of you take up James Hill's cause in
particular. At the minimum, he does not deserve to be executed, and in my
opinion, there is a strong chance that others set him up.

If I am executed tomorrow, I also ask that it motivate you to fight on
harder than before to defeat capital punishment. Under no circumstance does
this dehumanizing institution belong in a civilized society. And on that note
I shall say my goodbye by echoing a line spoken by Banquo in "Macbeth", when
he states: "Fears and scruples [may] shake us. [But] in the great hand of
God I stand...."

My love to each of you. Goodbye.

their legal appeals. He even taught other inmates how to read and write.
On one specific occasion Bob talked a fellow inmate out of committing
suicide.

Even within the depressing Death Row environment with all its
pressures and tensions, Bob attempted to make it a better place not only
for himself, but his fellow inmates. He spear-headed a suit against the
State of Florida for more recreation time. Bob also brought suit against
the State to make prison officials accountable for the damages to inmates
personal property and legal materials during a massive shakedown at Starke
in 1980.

I should like to share some information about Bob, quoted in a recent
letter from Margaret Vandiver. Margaret is the paralegal who visited Bob
daily for the last two weeks prior to his execution. Margaret's comments
and the other quotes are so meaningful because they reflect the mood and
feelings of those who knew Bob at Starke.

I thought you might like to know some of the things the other men
have said and written to me about Bob. One inmate has been taking
an informal poll of the officers, asking them what they thought

of the execution. Out of 11, 9 immediately said that Bob should
never have been executed. One said "It's the law" and the other
said "It's my job". This is extraordinary, because the guards
generally support executions, and would rejoice to get rid of some
of the condemned men. The man who told me this has repeatedly
wondered why the two executions in Florida have been the two men
on death row who managed to command the respect of the other inmates
and the officers. He keeps saying, "They're killing the best of
us.’

Willie Darden is a middleaged black man who has been on death row
nearly as long as Bob was, and has had two death warrants. While
Bob was on death watch, he wrote to me; "It's good that you

are working on Bob's case. When you see him again, be sure to

give him my love and tell him that I'm pulling like hell for him

to come out on top, ok? He is one of few here whom I've enjoyed

a profound relationship with that have been unique and without
problems." After the execution he wrote, “while it is true that

I have many friends here who shows super respect for me, and I
likewise with and for them, Bob and I had a understanding of
friendship that succeeded beyound the expectations of all friend-
ships I've encountered here. Perhaps it was because we had the
same kind of respect for each other, understood the need to join
hands in solidarity, and we had the same kind of intelligence and
intellectualities to offer. And last but surely not least, we both
had the kind of dignity and courage that couldn't be broken by those
who preyed upon us viciously. Right now I am crying, believe it

or not! ... Bob and I have spent many hours talking in person and
writing notes and comparing thoughts that were vital to the welfare
of our beings. It was during these moments that we realized the
need to be "dignified" in our ways am! how not to be discouraged
during the darkest moments of our life. I knew that there were
times when Bob felt a little weak and discouraged, as I could tell
because he'd write me a note asking questions about my case or

or my recent trip to Death Watch. And when I felt the same way, he'd
get a note from me asking the same kind of questions about his case,
or perhaps a recent court decision. Little sister, I cannot tell
you in words just how angry I am, no more than I can tell you in
words how close I felt to Bob."

One man said, "I didn't know Bob well, but everytime I saw him,
there was a kindness and decency in him which I felt. During the
execution I sat silent in the cell, and sent him all the love

I could."

James Hill wrote me: "I miss Bob more then words can tell you.
it is really rough on me now that Bob is gone Because Bob always
help me with my case and to read and write Better and now i dont

continue to speak out for me, particularly on the issue of capital
punishment. Please do not give up because of me. In fact, I ask that it
cause each of you to dedicate yourselves even more to fight back against this
monster by addressing the wrongfulness of capital punishment and its
dehumanizing effect on everyone involved. Please carry on the fight in my
memory. Do not give up.

The State is going to start to get some executions as more and more cases
exhaust their first habeas round of appeals. Each of you must prepare
yourselves mentally for that inevitability. You must become tougher from the
inside out even though the losses mean executions. We all can only do our
best. I think we all can look into a mirror and with a clear conscience say
that we have done our best. The majority of the cases are won. A batting
average below 1.000 means loss of life and friends being exeucted, but over
70% of the cases are won in federal court. If you were not there, most of
these people would be executed too. Your work has made a substantial
difference. Fight on dear friends. The cause is just. Without your efforts,
there would be no hope for many others. Losses will be hard, but no matter
how deep the pain, you must never permit it to deter your efforts. Do not let
the state wear you down.

There are few positive aspects of knowing when you will die. One of
these will be to permit me to put my spiritual life in proper shape. I will
do this. Afterward, my requests are simple. 1 choose not to say goodbye in
the context one traditionally may think. Instead, I merely say thank you from
the bottom of my heart to each of you for your friendship, as it has enriched
my life greatly. Over these many years, I have never walked alone. You were
with me. Tomorrow, I will not be alone either, if I am executed. "Yea,
though I walk through the valley of the shadow of death, I shall fear no evil,
for thou art with me." I will not be alone! Thank you so much for enriching
my life.

I would, in closing, simply like to share with you portions of a letter
to me from Father Daniel Berrigan, dated November 8, 1983. I think it puts
this entire situation into a clearer perspective for us all. I know it did
for me. I quote:

This morning I received the news we had been hoping against hope
would never arrive. Governor Graham has signed your death warrant
and set November 29 as the date of your execution.

Since the phone rang, I have prayed that your faith and hope, which
have endured almost ten years on death row, may not fail and my own
as well. For I feel that in more ways than I can easily trace, your
death iS my own; that our friendship, our long loneliness, our
ingenuity and imagination, all that straining of mind to save your
life --- al] these have forged a bond stronger and deeper than the
vengeance of the state, at its worst.

If you can no longer take hope in this world, and if only the
feeblest of life lines can be thrown to you, I still pray that you
take courage. Christ has shown Christians not only how to live, but
how to die. If enemies are determined to take vengeance even
against the innocent, we can still forgive enemies. They need not
be to us what we are to them. I forgive your enemies, who also
declare themselves by this crime my enemies as well.

Our Lord was mindful of the insuperable blindness of those who would
make even of the son of God, an object of capital punishment on the
cross. They know not what they do. If the powers. knew not what
they did in executing the son of God, a like blindness afflicts
those who, in a slavish chain of irresponsibiltiy, have resolved to
dispose of your life.

But to say they are ignorant of the crime of sanctioned murder, is
by no means to condone the murder. Christ was not simplifying
matters in such wise that, while he died, the crime was to go
unnoted, his life be cheaply swept away. Forgiveness is not
sanction, and moral blindness has its attached penalty.

Still, as our Lord knew, these matters are in other hands than his;

THE FUTURE OF THE RASLDF

To some it might appear that the RASLDF has no future now that we have
lost Bob, but this couldn't be further from the truth. The LDF has much to
accomplish in the days, months and years ahead.

The RASLDF wil] move forward with a two-fold purpose. Firstly, the
efforts to ultimately prove Bob's innocence will be continued. Secondly,
it seems quite appropriate that we confront the total issue of Capital
Punishment. I should comment that I have received many positive letters
from LDF members who feel that the Capital Punishment issue is where we
should direct our energies.

Our belief in Bob's innocence should never be understated. Bob's
case and the circumstances surrounding it are complicated, yet the truth
remains that Robert Sullivan did not murder anyone on April 8-9, 1973.
Some other individual or individuals are responsible for the murder of
Donald Schmidt and for the framing of Robert Sullivan. Some pieces of the
puzzle have yet te be found, but one day the entire truth will be realized
and Bob's name will be vindicated. Despite an heroic effort by Private
Investigator Virginia Snyder and her associate, Wayne Campbell, enough
information could not be put together to convince the courts of Bob's
innocence.

At the present time various members of the LDF are pursuing efforts
to get a major newspaper and/or television network involved in continuing
the investigation of the case. In addition someone very close to the case
intends to write a book about the entire Bob Sullivan story and his
innocence. Virginia Snyder, the private investigator, has vowed never to
close the files on Bob's case until Bob's innocence is proven. We do
intend to move forward on whatever avenues that have yet to be explored.

During my eight years of correspondence with Bob, I've become fairly
well educated to the realities of how and why people end up on Death Row.
It has become quite apparant that Capital Punishment is an extremely
unfair and senseless punishment. Bob's case is a prime example of what
is wrong with this ultimate punishment which now exists in 38 of 50 states.

First and foremost, we know that capital punishment has killed an
innocent man. When a person's life is taken, there is no chance to reverse
the mistakes of a judicial system which is obviously fallible. Unfortunately
there are undoubtedly some other innocent people on Death Row.

Secondly, Bob was an indigent inmate. The indigent inmate who depends
upon a court appointed attorney is more likely to end up on Death Row than
the inmate who can afford some of the legal elite. The effectiveness of
a defense is directly proportional to the amount of money and effort
expended. The richer the defendant, the better the defense, thus reducing
the chances of conviction and/or maximum sentence. Bob never received a
fair trial because his court appointed attorney ex! ended little or no effort
in defending hin.

Thirdly, the co-defendant in Bob's case turned state's witness in
return for a life sentence. At this point the balance of life and death
was placed in the hands of the prosecutor and not the judge or jury. How
could the death penalty be administered based upon the testimony of one
whose credibility was so suspect?

Fourthly, the application of the death penalty in Bob's case was
extremely arbitrary. Bob was not deserving of his fate. As a model inmate,
he demonstrated all the reasons why a person's life should be spared. Still
the State of Florida chose to take his life.

Fifthly, we know that the prosecution in Bob's case gave the false
impression to the jury that the co-defendant had passed a lie-detector test.
Yet the prosecution knew that only 4 of the 7 questions had been answered
truthfully. In addition, the question remains as to what exculpatory

material positive to Bob's case, was not revealed by the prosecution,

Beyond Bob's case we find that a disproportionate number of minority
inmates reside on Death Row. In addition, the deterrence effect of Capital
Punishment has never conclusively been proved; in actuality most scientific
studies indicate that Capital Punishment is not a deterrent.

In summation, it becomes apparent that Capital Punishment is the
ultimate punishment whith is more often than not applied to an indigent or
minority defendant. During the application we find numerous junctures
where arbitrary decisions by some well-meaning and/or less than well-
meaning individuals, result in some of these defendants going to Death Row.
Is the system fair? Is the system equitable? Does each man or woman
receive the same justice? Are all Death Row inmates guilty? I believe that
"NO" is the only truthful answer to all four questions.

Being so close to and so active in Bob's case for all these years
has resulted in a narrowness of our perspective of Capital Punishment.
Death Row does not consist of one man or one prison or one state. As of
October 20, 1983 there were 1,268 Death Row inmates in a total of 33 states.
Is it anymore fair for anyone of these 1,268 inmates to be executed than it
was for Bob? I believe not. Bob could see this himself and he spoke out
against the "monster" he called Capital Punishment. At the conclusion of
this newsletter there are two statements from Bob which deal strongly with
this issue and the legal system which ultimately took his life.

I believe that our group has the opportunity to help turn around the
mood of the general populace. Capital Punishment is not the answer to a
reduction in the crime rate as some politicians would have us believe.
A. strong criminal justice system IS an answer, but Capital Punishment
IS NOT. We are aware of the injustices of the system and why Capital
Punishment should be abolished. I think it is our responsibility to pass
this message along through our organization. In the weeks since losing
Bob, I've received much positive support in this direction.

A logical first step is for all of us to become more active on a local
and state level. The issue and the existing Capital Punishment statutes
must be confronted and challenged in all states. Something less obvious
which we should pay close attention to is the appointment of future Supreme
Court Justices. The Justices hold the balance as to the constitutionality
of the existing statutes. In that the Justices are appointed by the
President, it only makes sense to weigh all the candidates positions on this
issue before casting your vote. Most likely two new Justices will be
appointed during the next presidential term.

Locally, I've become more active with MCADP, Massachusetts Citizens
Against the Death Penalty. This local group is helping to support the Death
Penalty Study Commission Bill (H6320), which has been filed by anti-death
penalty legislators. If this bill is passed, a totally new study on the
death penalty would be undertaken in Massachusetts. Hopefully this study
will be a means of educating the general populace about the realities of
Capital Punsihment.

Please find enclosed a copy of the most recent MCADP newsletter for
your reading and use. I hope that our Mass. membership will be supportive
of MCADP and their efforts. Future MCADP mailings will be sent to our
members in Mass. If anyone has an objection to this proposal, please contact
us and we will remove your name from such list. Should any out-of-state
members desire the MCADP mailing in the future, please contact us and we'll
see that your mame is added to the mailing list.

. We've recently learned about the formation of a new anti-capitel
punishment group in Palm Beach County, Florida. People Against Executions,
PAX, is being headed by Wayne Campbell and Diane Darby, private investigators
who worked on Bob's case. The group's inception is a direct result of Bob's
execution. For our Florida friends in the area, PAX's first meeting is
scheduled for Feb, 28th at 7:30 PM and will be held at the Unitarian
Universalist Church located at 2601 St. Andrews Blvd., Boca Raton, FL.

trial, because I was indigent. Mr. Denis Dean's inept,
ineffective defense has directly caused me to be where I am
now. Mr. Dean never attempted to develop a proper defense.
Apparently, Dean totally accepted the police version of the
facts. For example, Dean never tried to interview up to five
prospective alibi witnesses, a fact that I term
incomprehensible in a capital case. Then in 1980, when
testifying about his defense, Dean lied in federal court that
he had made a faithful effort to develop an alibi defense. My
successor habeas petition has presented sworn affidavits which
show that Dean lied. We have further learned more recently
why Dean was more willing to accept the police version of the
facts than to challenge the police. The reason is simple.
Dean has been since 1970 the General Counsel for the Dade
County Police Benevolent Association. In legal terms, that's
what is called an actual conflict of interest.

5. The prosecution is guilty as well. Reid McLaughlin
was the state's star witness at my trial. Prior to the trial
McLaughlin was administerd a polygraph test, the results of
which reflect that he failed no less than 4 of 7 relevant
questions on the test. At best, those results are
inconclusive. Nevertheless, the prosecution still used that
witness' testimony and deliberately used deception to create a
false impression before the jury that McLaughlin had taken and
completely passed the test. This was not only a false
impression, but it undermined my credibility as well when I
testified.

6. In the sentencing phase of my trial, Denis Dean's
presentation of witnesses and his brief closing argument were
grossly ineffective, and were the single greatest reason why I
was sentenced to die.

7. In clemency, Governor Graham definitely knew about
all the exculpatory material in my case. Literally hundreds
of responsible citizens attempted to interview Governor Graham
in my behalf including Governor Dukakis of Massachusetts and
the Catholic Bishops of Florida and Massachusetts. Moreover,
the Florida Bishops took special interest in my situation
including revealing to Governor Graham in_ confidence
information that was heard by a Massachusetts priest in the
confessional regarding my innocence! Graham chose to ignore
it.

These 7 reasons to a large part are why I am on death row now, and for
which I could be executed! It would almost be too easy to become bitter.
However, I have tried my best to avoid that trap. My driving obsession which
Surrounds working on all aspects of my case has served me well to avoid
bitterness. Nor do I reach the depths of self-pity very often even though I
continually ask myself, why me? I concluded long ago that bitterness and
self-pity would be self-defeating, and that could detract from my objective.

As I have said repeatedly, my friends have been extremely helpful to give
me the strength to fight harder. I thank you. We have fought the good fight
together. No matter what happens, now or later, we all can and in fact MUST
hold our heads up high with dignity. We have nothing to be ashamed of in
contrast to the opposition's dirty tactics and perjury. There will be a Final
Judgment Day, and at that time I know quite a few people on the State's side
from Governor Graham on down who'll have some serious explaining to do.

I am greatly concerned for each of you and how my execution, should it
materialize, will affect you either directly or indirectly. Because an
execution will affect each of you differently, and in many cases proportional
to how close we were, it makes my task that much harder. I do ask each of you
though to be strong. Please do not cry for me. Instead, I ask that you

Dear Friends,

In the event that the worst does in fact occur, I wanted very much to
send some special words to each of you at this time. I will be recording this
statement on November 22nd; therefore at that time I will not know what has
happened on my appeals to the Florida Supreme Court nor what happens when we
reenter the federal system. I approach these final days with a variety of
feelings, emotions, and thoughts, some of which I'd like to share with you.
In that context, I definitely still harbor hope at this time. Nonetheless, |
fully realize the outcome could result in my execution during the final 29
hours of the warrant's life, between 7 AM on the 29th and noon on the 30th.

Often in the past, as one who loves sports, I have compared the appellate
steps, which numbered nine, to a baseball game which has nine innings. As you
know, my first round of direct and post-conviction appeals have all lost.
Through our second round appeals, called a successor habeas petition, we have
asked the courts for an OVERTIME period by presenting a wealth of NEW material
never before considered by the courts. Unlike most other sports, baseball has
no time clock where the game must end. As long as there is one out remaining
in the bottom of the ninth inning the game still can be WON. That hope-
factor, as I like to call it, has served me well over these many long, hard
years. Hall of Fame baseball player, Yogi Berra, a former NY Yankee, coined
an adage, one that has served me well especially at down moments, in which he
referred to a baseball game. I have transferred this adage onto my situation:
"It iS never over until it is over." Until this second warrant, other than
during the first warrant, I could always find ample reason to justify having
hope, and maintaining it.

As I approach what could be my final week of life, I still retain hope.
Nonetheless, I am forcing myself to be realistic to the extent that I know I
very easily could be legally murdered by the State of Florida on the 29th or
30th of November, 1983. This is a very tough subject to deal with on a
personal level. I fully comprehend also how difficult it must be for all of
my friends as well. I ask that you be not afraid. We all must be strong,
perhaps stronger than at any time before in any of our lives, either yours or
mine. Believe me, I am fully cognizant of the extreme difficulties of an
execution on the condemned's family and friends. As long as I live, I shall
never forget the agony of Lois Spenkelink, John's mother, throughout his 1979
warrant. 1 submit to society, does any other mother deserve to be put through
that agony? In no way, shape, or form, can I reconcile that such an end
justifies the means. Capital punishment never has worked as a cure to
society's ills and it never will. Deterrence is pure myth. 1 ask for the
proponents of capital punishment to submit the evidence that determined
murderers have ever altered their plans simply because of capital
punishment.

No such hard evidence exists, other than in the minds of politicians who
misuse the death penalty to further their own political gain. On the Final
Judgment Day, I feel Governor Bob Graham and Attorney General Jim Smith for
example will be judged as murderers because they have misused the power of
their offices using the death penalty for personal political gain. However, I
dare not predict if God will be more merciful to them than they have been to
me and anyone else who may follow me, down that lonely walk to sit in the
electric chair. 1 submit to you that the only persons who benefit from the
death penalty are the politicians who administer it. Society does not
benefit. Twenty years ago our beloved President John Fitzgerald Kennedy was
murdered. Quoting Kennedy, “Our problems are manmade; therefore they can be
solved by man." I submit if politicians like Bob Graham directed the same
energy levels onto solving problems in society as they do to capital
punishment, there would be far more meaningful and effective results for
society.

My position, now as before, has been that I am innocent and that instead
of a fair trial, mine was a sham. Keeping those points as a constant, I'd
like to concentrate at this time on the question about whether I deserve, by
rational standards, to die. Obviously, Governor Graham and Attorney General
Smith do feel that I deserve death. I don't know how many times I have asked
myself, WHY ME? I see blatant arbitrariness at every level, including in the
courts and by Governor Graham in the clemency process. If one compares my
case facts to at least 4 of 6 cases in which clemency has been granted, all by
the same man, Bob Graham, there is nothing to separate them as distinguishable
whereby some persons may live and I must die. In fact, I submit there are far

more good things about me that have been presented to Governor Graham,
including a wealth of exculpatory material, than in any other case which has
received clemency at this time.

So why have I been targeted for extermination by the state of Florida
when far worse cases and individuals get their death sentences commuted? |
submit, if the same person cannot administer clemency fairly and with
proportionality (which Bob Graham has clearly failed to do), then it never
will be possible to do it. Therefore, capital punishment can never be
administered fairly, without arbitrariness. The facts speak clearly for
themselves. Based upon the standards created by Governor Graham's decisions,
I should have received no less than clemency. Many years ago, I reached a
conclusion that in fact has now become a reality. I firmly believe that I
have been selected as a sacrifical lamb by the officials of the state of
Florida NOT for what I have been accused of doing, but instead because I am
the antithesis of the type of person who has traditionally been the victim of
capital punishment, especially in the South. Because 1 am white, attended
college, and had considerable support including much by the Catholic Bishops
of Florida and Massachusetts, Graham and Smith decided to come after me. If
they succeed, Graham and Smith can say that they are not reserving the death
penalty exclusively for the uneducated, or minorities, or the friendless. Of
course being indigent and saddled with court appointed counsel was an extreme
disadvantage to and for me. Denis Dean, my court appointed counsel, never was
interested enough to even attempt to interview prospective alibi witnesses in
my behalf. Four of the 5 persons whose names I had given to Dean have been
located since 1979 and have given me a firm alibi throughout the crime period,
and the fifth person, Thomas Murphy, simply refused to cooperate.

If I have had Justice, then that is a sad indictment of the system and
more specifically of the people who administer it. Unlike Caryl Chessman, who
challenged the legal system to kill him if it could, all that I have ever
asked for is Justice. 1 submit, that unless I have a new trial before a jury
of my peers where I have the opportunity to present all the known exculpatory
material including the alibi witnesses, then Robert Austin Sullivan will not
have had Justice tested by the adversarial system. In large degree, as of
1973, my naivete about the evils of the people within the system, which caused
me to be too trusting, resulted in my being convicted and here today. I
expected fairness to be automatic; however, it is not like the impression I
had of it, partly lulling myself into a false sense of security that innocence
must prevail from viewing too much TV, such as Perry Mason. I have chased
Justice like Cervantes' fictional character Don Quixote chased windmills. I
have never found Justice.

If I am executed, the state of Florida will have used its laws to
premeditatedly murder me. As Camus wrote, "Capital punishment is premeditated
murder of the worst kind, unlike any other crime due to the years of
waiting. There is no such monster on the streets." Camus also wrote a
passage which I submit to all government officials who misuse the death
penalty for their own political gain, and particularly Governor Graham and
Attorney General Smith: "He who judges absolutely, condemns himself
absolutely." Although Graham has sat in judgment of me, I can rest
comfortably knowing that God will have the final determination, not only of
myself but also of those who have borne fals> witness against me and who have
misused their power to falsely judge me. Because I refuse to sink to the
cesspool levels of the likes of a Graham or Smith, I ask God to be more
merciful to them than they have been to me. Nonetheless, being only a human
being, I am naturally angry and bitter. Even so, I refuse to allow their
insanity to change me. I dare to say, that I can live with my conscience far
better than they can live with theirs!

Getting off my soap-box, let me try to get down more to the difficult
subjects at hand. Although I have never had much happiness within my family,
having been used aS a pawn between two parents who thoroughly hated one
another after their separation when I was only 6 years old, I can say PROUDLY
that I am RICH in good friends. That fact alone has enabled me to more
effectively endure these last difficult 10 1/2 years. As a direct result,
instead of regressing aS a human being under these intense pressures, I feel
that I have risen above them, and have grown as a human being. In many ways I
found myself as I never had before even on death row. 1 have overcome many
fears and insecurities that had harbored themselves deeply rooted within me,
caused mostly by my inability to cope with or understand the deep hatred that
my parents held for one another throughout my formative years. I had been

adopted as an infant in the hope that the presence of a child could repair a
marriage that was already on the rocks. Later when the marriage failed, the
child was blamed for the failure, at least by my mother. When I was younger I
was quite bitter at my parents, but I have mellowed over the years. I believe
they did love me, but their hate for each other made them blind for what their
hatred was doing to me.

After the separation, I developed, for example, a severe stammering
problem in my speech. No doubt this was a manifestation of my inner turmoil
of being totally confused about my parents. My speech difficulty grew worse
and worse. Due to peer pressure, I always dreaded even being called upon in
school, fearing I'd stammer. Clearly this affected my schooling and entered
all facets of my life. I became extremely insecure. After going away from
home in 1965 to attend college, I was able to mature much more and develop
some degree of confidence in myself. But it wasn't until I was on death row,
ironically, that I turned my mind inside out to work hard to better understand
my fears and to work to overcome them. No longer do I fear speaking in
public, including to the media. I have found myself in many other ways as
well, all of which makes it much harder to reconcile within myself what is so
horrible about me in Governor Graham's eyes whereby I must die? Taking a
phrase from Tennyson, mine is in reality not to reason why, but rather mine is
but to do or die.

During this death watch, I have done a lot of careful thinking and
reflecting upon my situation and especially the grim fact of my scheduled
execution. As I noted earlier, something that troubles me greatly is the
impact of my execution upon my friends and loved ones. No matter what happens
to me, I realize life will go on for all of you. Please do not let my
execution devastate you emotionally. Collectively, we have tried our best to
climb that mountain seeking Justice. Unfortunately, my best’ legal
representation came too late in the contest to make a difference. Vince
Lombardi once described playing football as not how one plays the game, but
only whether one wins or loses. Obviously in capital cases winning or losing
is in the final analysis vitally important, because if one loses, he is
dead. It's as simple as that! Despite that consequence, it is also important
how you play the game. Despite all the propaganda and political rhetoric from
the Graham-Smith quinella, we have played the game fairly. The state has
not! In order to carry out my execution, the following travesties have
occurred, among many:

1. The arresting officers refused to provide me with an
attorney upon request, thereby denying me that
constitutionally mandated right. Later, Officers Felton and
Lawrence committed perjury by testifying that I asked for a
drinking buddy only, instead of a lawyer.

z. Officers Felton and Lawrence deliberately and
calculatedly manufactured inculpatory evidence such as
creating the false impression that the Waltham watch I wore at
arrest had belonged to the victim. On April 9, 1973, the
widow informed Officer Tauriello of the Homestead Police
Department that her husband's watch brand was a TIMEX. In
June, 1983, the widow's brother spoke to my _ private
investigator, Virginia Snyder, and corroborated that the watch
brand worn by the victim was in fact a Timex!

3. It is my belief the police deliberately covered up
exculpatory evidence which supported my innocence. I strongly
believe the police know more about the two prints of
comparison value that were on the tape which had bound the
victim's wrists than they've told us. The police claimed that
the prints on the tape were not matched to anyone.

4. The trial judge appointed counsel to defend me at my

An invitation is open to all. Call 278-9565, 272-2754, or 368-9651 for
information.

Mention should also be made of a more established anti- capital
punishment group from the Gainsville, FL. area. Gainesville Citizens
Against the Death Penalty, GCADP, and its members were supportive of Bob.
Their address is 1522 W. University Ave., Gainesville, FL. 32603. Tel.
no. 372-8506.

If an anti-capital punishment group in your area has been started
or becomes more active, we would love to hear about it. We must pool
and share our information and resources.

I am truly anxious to get some feedback on the suggestions put forth.

I seek all the input and help you might be able to offer. A successful
future will require a team effort.

FINANCIAL STATUS OF THE RASLDF

During the month of November, all the stops were pulled out on the
investigative work to find any information which might make the difference
in Bob's case. Consequently a sizeable bill was realized. We presently
owe a balance of approximately $1,500 for investigative services. Any
assistance you might be able to offer the Fund would be appreciated.
Contributions to the Fund should be sent to:

ROBERT AUSTIN SULLIVAN
LEGAL DEFENSE FUND

53 Leicester Rd.
Belmont, MA. 02178

THANK YOU

I would like to take the opportunity to thank each and every
individual who supported Bob during his most difficult incarceration
at Starke. It would be impossible to make mention of everyone individually,
because the names would go on and on. Bob's case could not have proceeded
if not for the legal assistance, investigative work, authoring of LDF
literature, typing, and the contributions to the LDF. Further support
came in the form of cards, letters, and even visits by a few who were
lucky enough to have had that opportunity.

Underlying all these various forms of support was a warm friendship
towards this man we called Bob or Sully. It was the personal caring,
concern, and love, which sustained Bob during his long ordeal. The
friendship and love that we shared with Bob is something which can never
be taken away from us or Bob.

In closing, I would like to thank you from the bottom of my heart
for all your efforts. I look forward to working with all of you as we
meet the challenge of battling capital punishment.

Sincerely,

Ralph L. Jacobs
Director RASLDF

Here follows 2 messages which were authored by Bob. Both are printed
in their entirety. The first is Bob's final message to his friends and
the second is his final statement given just prior to his execution.

Each are testaments to Bob's faith and strength of character.

SULLIVAN, Robert A., white, electrocuted Florida (Dade County) November 30, 198k.
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10-B. FRE MIAMI HERALD == Wed., April rary 3

DADE

“NEWS CAPSULES

New Englanders
Held in Death

Of Restaurateur

Two New Englanders were arrested and charged with
first degree murder Tuesday after police say they were found
using a credit card belonging to a murdered Homestead
restaurateur.

The credit card belonged to Donald Schmidt, 33, of 18751
SW 349th St., manager of the Howard Johnson Restaurant in
Homestead, police said. Schmidt's body was found a week ago
In @ marshy area near Krome Avenue and Tamiami Trail.

Schmidt had been shot to death with a shotgun and his
body was dumped in the field, police said. Two youths discov-
ered the body while they were hunting for small game.

Police said the credit card company was notified of the
theft and ail use of the card was reported to police. Use of the
card continued in the North Dade area and police say they
soon located the men using it.

Police said investigation of the men prior to their arrest
showed that one, Robert A. Sullivan, 25, of Nashua, N.H., was
wanted for embezzlement. At 4 a.m. Tuesday, police arrested
Sullivan and Reid McLaughlin, 20, of Boston at NE 211th
Street and Highland Lakes Boulevard.

Police said the two men were in a car and that they
found a shotgun in the car. Both were also charged with rob-
bery.

Mic’ herald )

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6-B ae ‘MIAMI HERALD. s@~ Eri, Nov. 9.197%

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ury Finds Man
Guilty of Slaying
Motel Manager

Robert A. Sullivan, a former motel manager, was found
Rulty Tnursday of robbery and the.shotgun slaying of Donald
Scnmidt, 38, manager of a Homestead Howard Johnson motel.

The nine-woman, two-man jury that found Sullivan
Rullty in two hours Thursday of first-degree murder and rob-
bery will celiberate today on Sullivan's Sentence — life in
prison, or death.

In a two-day trial before Criminal Court Judge Edward
Cowart, Sullivan took the stand to sav he was potrmol edn
the slaving and that a cConfesson he made to boererrrRi
untrue “mm

Saiivan, 26, and tus roummate, Reid Mood auyhiin, 21, of
Boston were charged with robbing the motel at 1090 jiome-
Stead Biya, of $2,600 on Annis

McoLaughtin pleaded guilty to the charges hut has ner
been sentenced. He testified Wednes tay that he and Sullivan

entered an open rear Goor at the mote! and forced Schraidt to
open 4& Sale.

MicLaughhn said he and Suilivan pound Schmuce
hesive tape. then drove about SO miley weetan US. 4} oct

dispose of the body" in the Everglades They drave hack

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10)

Physical Evidence: We have not found a single shred of evidence to implicate Bob
Sullivan for the murder of Donald Schmidt. Let's discuss some of it. Bob's prints
were not found at Howard Johnson's, nor were Schmidt's prints found in Bob's car.
Conflicting with McLaughlin's testimony, no one else could place either Bob or his
car in the area, not Lambert, Rush or the state trooper. Bob's prints were not on
the tire iron nor on Jenner's pistol, nor were there any bloodstains, etc., to sup~
port that the tire iron had been used to bludgeon the victim. The footprints at the
murder scene were not matched to Bob's size, 12 EEE. No one could explain how
Schmidt was missing one shoe. The shoe was never found. Although there is no
ballistics for a shotgun, the state could not match the shell casings found at the
murder scene to Sullivan's brand, nor was the gauge matched. We feel the best
pieces of evidence are the two prints on the tape. Because no match was made it
blows a large hole in McLaughlin's story. There simply is no physical evidence to
implicate Bob.

Jenner's Pistol: McLaughlin said Bob knew the location and stole it. Bob denied
this. William Jenner has been interviewed. He said he is certain that Bob did not
know that he owned a pistol! nor where he hid it. Jenner suspects McLaughlin had
learned of the pistol's hiding place during the fall of 1972, when McLaughlin stayed
a few days at Jenner's home.

The defense team has located three witnesses in Massachusetts to whom Jackson and
McLaughlin attempted to sell some of Schmidt's credit cards. Bob recalls they were
gone overnight once during the period between April 12th and April 16th 1973. This
may have meant that Jackson was involved in the crime, or at least had knowledge of
ity

Gilbert Jackson's murder: When it appeared that Gilbert Jackson was a material
Witness, Roy Black planned to have him interviewed. Five days later on August
28th, 1978 Jackson. was murdered in Winthrop, Mass. Like Schmidt, Jackson's hands
were bound. Was Jackson killed becaue of what he knew about the Schmidt murder?

David Brill's death: David Brill concluded there was a connection. Brill was an
investigative reporter, but also was an undercover agent for the Norfolk County,
Massachusetts, District Attorney, investigating Roger Spear, a wealthy businessman.
Brill felt Spear was responsible for both murders, Schmidt's and Jackson's. Brill's
car was broken into and his briefcase stolen. The briefcase was later found and
returned to Brill; however, it was missing one file, Brill's file on the Sullivan case.
It wasn't long thereafter, on November 15, 1979, that David Brill was found dead of
cyanide poisoning. The cause of death was listed as an apparent suicide; however,
friends and colleagues insist it was murder.

fication, plus the anonymous calls alerting the police as to where Sullivan would 4

located before there was any reason to consider a suspect certainly looks like he was
set-up. But who did it? Who was/were McLaughlin's co-conspirator(s)? Barden
certainly must top the list. Among Howard Johnson employees, Gazzel cannot be
discounted. Was Brill correct that Spear was behind it? How deeply involved was
Jackson, and why was he murdered when Bob's lawyer intended to question him?
Was there a person named Tom who picked up McLaughlin and Jackson on the even-
ing of April 8th, 1973, and was he also involved? Was Luchek involved or was that
merely designed to throw Bob off the track? As you can see we've got a lot of
possibilities, but not a good deal of hard proof.

Did Spear have sufficient motive to set Bob up? Roger Spear has been under inves-
tigation in at least two states for a number of crimes, including murder. David Brill
knew that Spear probably wanted Bob Sullivan silenced, since he knew that Bob had
gained knowledge of several of his (Spear's) criminal acts. It should be noted that
Bob has given the appropriate authorities full information about Spear's activities,
and investigation of Roger Spear is continuing.

Rose Schmidt, the victim's widow, might have helped to solve the complex puzzle.
Subsequent to Bob's conviction she filed a federal lawsuit which charged that em-
ployees of Howard Johnson's were responsible for engineering and executing her
husband's murder with the principle perpetrator named being Frank Barden! If she
is correct about Barden, and the facts support her conclusion, we must ask if
Barden and McLaughlin acted alone. James Mitchell, an associate of Brill, recalls
seeing Frank Barden at The Other Side Lounge in Boston before April 8, 1973.
McLaughlin worked for Frank Cashman at The Other Side. Cashman is a close
associate of Roger Spear (Brill's suspect). The plot thickens! Barden's fleeing on
June 4, 1973 with six day's cash receipts plus the 39 minutes of unaccounted for
time from 12:10 a.m. until 12:49 a.m. on April 9, 1973, make him a prime suspect.
Incidentally, 39 minutes would be sufficient time to drive from Howard Johnson's to
the murder scene and to return to Howard Johnson's.

McLaughlin's many versions of the crime:
a) At the trial, McLaughlin said it was Bob and he who killed Schmidt.

b) William Meisenholder was told in 1973 by McLaughlin while at the jail, that he
was not present when Schmidt was murdered.

c) Robert Sheley was told in 1973 by McLaughlin while at the jail, that he had set
up Bob Sullivan, and bragged how he duped Bob into using the victim's credit
card.

d) Kenneth Francis was told in 1974 by McLaughlin at the Lake Butler Prison that
he had set up Sullivan and named his partners as Barden and Jackson.

e) Roy Bissonette and Jimmy Lee Smith were both told by McLaughlin together in
1974 at the Sumter Prison that Jackson had shot Schmidt twice and that Barden
was involved. Additionally, McLaughlin named the person who ordered it as
Roger Spear!

So, we are left with a variety of stories by McLaughlin. We cannot tell you abso-
lutely that so and so did this and so and so did that -- and we won't! Nevertheless, all
of the documentable evidence and/or witnesses herein clearly support Bob's innocence.
Right now, we still must deal in speculation even though educated guesses are surely
possible. However, courts do not rule on what might be or what appears to be; but
rather, courts must rely on facts alone.

V_CONCLUSION

You have now reviewed this entire complex case, that seems more like an Agatha
Christie whodonit than anything else. But unlike a mystery novel, we cannot yet write
the final chapter. Alfred Hitchcock would be proud of such a script. Unless we can
complete the final chapter, the State of Florida will execute an innocent man. We hope
that we've presented all the known facts in a clear manner. if we have not, please send
us any questions that may still linger and they will be answered to the best of our
ability.

As you can see, there are still many unanswered questions, but precious little time
to find the answers. The only way to search for these answers is through costly in-
vestigation. Simply stated, won't you please consider helping us through a contribution
so that we can bring this case to a successful close, to see Bob Sullivan a free man. He
is innocent and we need your help if we are to prove it. Thank you so much for your
consideration. Contributions should be sent to the address below:

Robert Austin Sullivan

Legal Defense Fund

c/o Ralph Jacobs

53 Leicester Road

Belmont, Massachusetts 02178

dispose of the body in the Everglades where it never would be found. We fail to see how
that conversation had a bearing on this case. Yet Dean allowed it to be admitted in
testimony.

The final State witness was Reid McLaughlin who was AWOL from the Marines. Mc-
Laughlin claimed Bob recruited him to travel to Florida for the purpose of committing "a
perfect crime." McLaughlin said that Bob paid for his expenses, that Bob took Jenner's
pistol having known where Jenner kept it, and on April 8th, Bob decided they'd commit
the crime on that date. McLaughlin described arriving at Howard Johnson's at 10:00
p.m., said that Sullivan sent him inside to get a take-out order for the purpose of count-
ing the employees on duty to enable them to know when the manager would be alone.
After all employees but Schmidt had gone home, McLaughlin testifies that he and Bob
entered via the back door, found Schmidt alone in the office, forced Schmidt to give the
safe combination, and while Bob opened the safe he took Schmidt's watch and wallet.
Taking Schmidt with them, Bob turned out the lights and shut the back door, according
to McLaughlin. Once inside Bob's car, McLaughlin said he bound Schmidt's wrists with
adhesive tape furnished by Bob. They drove to the Tamiami Trail and headed west.
When they finally stopped, McLaughlin said a State Trooper stopped to give assistance,
however, McLaughlin claims he told the Trooper he had merely stopped to go to the
bathroom. The Trooper departed. From there, they drove to a target range off Krome
Avenue. According to McLaughlin, everyone got out of the car, at which point Sullivan
pulled out a tire iron and struck Schmidt twice on the head. Then, getting the shotgun
from McLauhlin, Sullivan shot Schmidt in the head four times at point blank range. They
returned to the car at which point McLaughlin said Sullivan uttered, "I don't feel no
different." Dean's cross examination was ineffective. While probing McLaughlin's plea
bargain, Dean allowed him to describe the arrangement as_ including the taking and
passing of a polygraph test. Judge Cowart denied Dean's motion for a mistrial. This
obviously left the impression with the jury that McLaughlin had already taken and passed
a polygraph test, which enhanced his credibility greatly. The matter was dropped. The
jury was not advised to disregard the polygraph reference. But much worse, the jury
never did know that McLaughlin had failed the majority of his polygraph test, nor did
it_stop the prosecutor from using perjured testimony!

The defense's final witness was the defendant, Robert Sullivan, who refuted the
statement given to police. Bob swore that he did not participate in the robbery-murder
of Donald Schmidt in any way. Much of Bob's testimony was in direct conflict with prior
witnesses Felton and McLaughlin. Nevertheless, Dean called no further witnesses to
corroborate Bob's version. There were many conflicts and we'd like to paraphrase key
sections from Bob's trial testimony. In refuting the statement given to police, Bob dis-
cussed all of the areas where it was incorrect based upon the facts - such as the dis-
parity between the number of shots. In explaining why he gave an erroneous statement,
Bob offered these reasons:

1) Bob believed at the time, based upon one of McLaughlin's assorted versions, that a
very close personal friend named John Luchek had killed Schmidt and Bob was
trying to protect him.

2) Bob gave a purposely false statement, figuring it would protect himself while also
protecting Luchek. Bob felt when the statement's content was examined, it would be
evident it was a total sham.

4) Bob felt certain that no statement could ever be used against him because he had
been denied a request for an attorney. What Bob didn't know was that the police
would have to confirm that they violated Bob's right to counsel for a Miranda right's

violation to be acknowledge%t> ,
8

1) Bob pointed out that McLaughlin approached him to become a traveling companion by
agreeing to share expenses fifty-fifty.

2) Bob stated that he did not take Jenner's pistol. Rather, McLaughlin stole it un-
known to Bob.

3) Bob explained how McLaughlin had loaned him a watch when his watch had stopped.
Bob says the first time he learned the watch had belonged to Schmidt was following
the arrest.

4) Bob explained that McLaughlin tricked him into using the victim's Mastercharge card.
McLaughlin produced a credit card on April 9th telling Bob that its owner had loaned
the card to him in order to buy some new clothes. At the time McLaughlin owed Bob
over $200.00 as his share of the motel bill. McLaughlin asked Bob if he'd accept
purchases from the credit card in lieu of his debt to Bob. Not wanting to get stuck
for the full bill, Bob decided a bird in the hand was worth two in the bush. As a
result, Bob made purchases with the credit card without any knowledge that the
card belonged to a man who had been murdered. (Please note that Bob had direct
experience using control measures by credit card companies governing stolen cards
so if he had murdered Schmidt why would he use the victim's credit card - including
two purchases exceeding $25.00 which would require the store to call via an 800
number to get a purchase authorization number?}

5) Bob explained that he first learned of the crime on April 10th, 1973 upon reading a
Miami News story headlined; "Robbery, Abduction, Murder", which described the
murder of Donald Schmidt. Bob realized then how he had been set-up and entrap-
ped by his own gullibility due to the credit card usdage. Although Bob confronted
McLaughlin with the newspaper story, Bob was unsure what really happened because
McLaughlin described several different versions of the crime, each different in key
ways from the others.

The entire trial consumed less than four working days, two to pick the jury and two
to try the case. On November 8, 1973, the fourth day, both sides gave closing argu-
ments. The jury returned a guilty verdict after deliberating for less than two hours.
On November 12th, 1973 Judge Edward Cowart sentenced Robert Sullivan to die in Flori-
da's electric chair, which is nicknamed Old Sparkey. !n order to avoid such a fate, Bob
has been appealing both his conviction and sentence. (See Appendix A for a complete
listing of Bob's odyssey through the criminal justice system).

IV Post-Trial Investigation

Even though Denis Dean rested his defense for Bob in a capital case after using
only two witnesses, our defense does not rest. In order to judge Bob Sullivan, it is
imperative to know all the facts. In addition to what the jury knew, we have indicated
some points that they did not know; however, there is much more that our post-trial
investigation has uncovered. Among the items we've already shared with you which the
jury did not know are: the questions surrounding all the violations of Howard Johnson's
policy only on April 13th, 1973; that McLaughlin failed the majority of the questions on
polygraph test; and many facts supporting the conclusion that Barden was a participant

in the Schmidt murder.

Once we share with you more evidence favorable to Bob, we're confident that you
will agree that he is innocent. As you will see, the majority of our discoveries were
available to any attorney willing to look for them. The most significant post-trial inves-
tigative discoveries are as follows:

1) Bob's Alibi: Bob has consistently sworn that he was at Keith's Cruise Room at the
time the crime occurred in Homestead. Bob listed for his lawyers the names of five
potential alibi witnesses. As of April, 1982 two for certain and possibly a third person,
have given us a firm alibi for the night of the crime. William Harlow and Peter Tighe
have provided the alibi. Both men recall Bob's arrival at 11:30 p.m., his being present
during the show and after the show. Harlow also recalls Bob talking to Mike Carmack
during the show. All of this is identical to what Bob has said all along. Fortunately,
April 8th, 1973 was Harlow's 18th birthday, and he clearly recalls that entire day in
question. Likewise, Tighe was celebrating his birthday that day as well. The testimony
of these two witnesses could have altered the outcome of the trial had anyone bothered to
look for them! The crime could not have started until Collette Rush departed at 11:30
p.m. with the robbery phase concluding before Barden's arrival at the Howard Johnson.
Bob Sullivan could not have been in Homestead during that entire period regardless of
when Barden returned, 12:10 a.m., 12:30 a.m. or 12:49 a.m., depending on which of
Barden's versions you believe.
g

Hié

APPENDIX A
LEGAL HISTORY OF THE CASE OF ROBERT A. SULLIVAN
(A) April 8th/9th 1973 Date of crime which occured in Dade County Florida
(B) April 17th 1973 Date of arrest of Sullivan
(C) November 2nd-8th Period of the Trial
(1) November 2nd Pre-trial conference
(2) November 5th/6th Jury selection
(3) November 6th, 7th, 8th Actual trial
(4) November 8th Jury returns guilty verdict
(5) November 12th Sentenced to die
(6) November 14th Arrived at Death Row
(D) 1974 to present:

Appeal process in State and Federal Courts
(1) November 27th 1974 Florida Supreme Court (FSC)
Justice Dekle wrote the 4 to 2 ruling against Sullivan.
Justices Boynt and Ervin dissented.

(2) July 6th 1976 U. S. Supreme Court (USSC) Certiorari
denied. Justices Brennan and Marshall dissented, urging
hearing Sullivan's appeal.

(3) December ist 1976 3.800 B Motion, State Circuit Court (SCC)
Judge Cowart, the trial judge, denied the motion.

(4) Clemency Process:
(a) March 29th 1977 First hearing before Governor Askew
(b) May 17th 1979 Second hearing before Governor Graham
(c) June 19th 1979 Governor Graham signed Sullivan's death
warrant, schedulling execution for June 27th 1979.

(5) 3.850 State Post-Conviction Motion
March 15th 1979 Filed
May ist 1979 Denied by Judge Gable [See Appendix B]

(6) Florida Supreme Court (FSC)

May 25th 1979 Filed appeal of Judge Gable's decision

June 22nd 1979 Appeal denied by a 4 to 3 vote. Chief
Justice Arthur England wrote a very strongly
worded minority dissent. The only Judge on
the Court both in 1974 and 1979 was Boyd. In
1974 he was for Sullivan, but in 1979 he voted
against, despite all the issues raised in 1974
still being appealed. [Again see Appendix B]

(7) Federal District Court (FDC)

June 25th 1979 Judge Jose Gonzalez granted a Stay of
Execution. However, on June 4th 1981 Gonzalez
denied the appeal by accepting Magistrate Kyle's
recommendation to reject all dozen appeal issues.

(8) Federal Court of Appeals, 11th Circuit (FCA)
December 2nd 1981 An appeal of Judge Gonzalez was filed before
this court. A three-judge panel is scheduled to
hear oral arguments on-<@ufe 30th 1982.

Bye
(9) U. S. Supreme Court Whichever side loses at Step 8 -can. appeal
that ruling here.

If Robert Sullivan loses at Steps 8 and 9, Governor Graham will sign a
second step warrant. The only way to prevent the scheduled execution would
be to start a second round of appeals at Step 5, if there are new issues to
raise and pray a judge (or judges) feel(s) the new issues--provided they
exist, are substantial enough in the legal sense to order another stay of
execution.

Law OFFIGE OF
Buiack & DENARO P.A.
Surre 1402
NorTHEAST AIRLINES BUILDING

150 S. E. 2np Ave.

Roy E. Brack MraM1, FLORIDA 33131 Apes Gove 305
Jacs M. DENARO TELEPHONE
371-6421

June 29, 1979

"The judictal process has evolved over the centuries. It
ts calculated to be a deltberative process. Courts must
have sufficient time to consider matters timely presented.
Absent evidence that Sullivan has abused the judicial pro-
cess, this court should accord his appeal the same deliber-
ative review to which all litigants are constitutionally
entitled. In our opinion, a stay should be granted to per-
mit the degree of orderly and thorough consideration that
would otherwise have been afforded in this case had a death
warrant not been signed at the time that it was."

Dear Friends:

The above quotation is the conclusion of Chief Justice Arthur Eng-
land's dissenting opinion to the denial of my motion to stay Bob's execution
by the Florida Supreme Court, written at 10:45 p.m. on Friday, June 22nd --
four days before Bob's scheduled execution.

Miraculously, those words were expressly adopted by United States
District Judge Jose A. Gonzalez when he halted Bob's execution 38 hours be-
fore the grisly event was to occur. Without your support, we may not have
had sufficient resources to get before Judge Gonzalez. I am writing you to
describe our tortuous path to Judge Gonzalez’ courtroom, and to ask for your
continued support.

Last year I volunteered to represent Bob because of my deep antipathy
to the death penalty -- I knew little about Bob or his case, an oversight that
would quickly be remedied. When I took over the case I was told that a defense
fund had been established and funds were available for expenses. I was amazed
at the funds that you had contributed, but little did I know how desparately
they would be needed.

I immediately began preparing a motion to vacate Bob's conviction
and sentence of death. When this motion was filed, on March 15, 1979, it was
56 legal-size pages in length and had hundreds of pages of exhibits. Our lim-
ited funds do not permit me to send each of you a copy, much as I would like
to.

We have set out at length our grievances over Bob's prior legal
representation and lack of investigation, which resulted in his unjust con-
viction. The motion came before Judge Cowart of the Dade County Circuit
Court. I filed a motion asking him to disqualify himself because of preju-
dicial statements he had made about Bob, and he agreed to withdraw.

_ Judge Ellen Morphonios Gable then ordered the case heard before her.
She examined our motion for a couple of weeks, and then ordered an evidentiary
hearing to allow us to prove our allegations. Incredulously, she first sched-
uled the hearing for two days later, and then refused to return Bob to the
court so he could testify. I filed motion after motion demanding Bob's return
but each one was denied.

Naturally, without Bob's testimony, the judge denied our motion; we
had not even been given a chance to prove our case:

I immediately appealed to the Florida Supreme Court, and our appeal
was docketed on May 25th. In the meantime, the Governor ordered a new clemen-
cy hearing for Bob. I submitted over 200 letters, affidavits, and documents
to the Governor, which all of you contributed to, in support of our appeal for
clemency. While I can not send each of you a copy Of our presentation (it is
several hundred pages long), I have attached a few Pages which tell a lot about
Bob. I'l] just let you read them.

2s ae

APPENDIX B

APPENDIX B (CONTINUED)

We immediately thereafter sought a stay in the Federal Courts, and
won before Judge Gonzalez.

Highway Patrol to deliver documents.

Surprisingly, the death warrant signing has backfired for the State;
two new witnesses were found. Two men who read the newspaper accounts came
forward and signed sworn statements that Bob was indeed with them, at a bar,
at the time of the murder -- just as Bob has been claiming ali along. Attached
are various newspaper articles, one of which describes this testimony. This .
has been a big break in the case, and I now intend to carry it forward.

of the short time given to us.

jate Court.

The battle of the past week ended in a great victory for us, but
we must be fully prepared for the legal battles of the future and ultimately

for the chance to prove Bob's innocence.

counsel or for funds to pursue their appeals.

So Bob's only hope iS that you will continue to support him with
your letters and contributions.

Cordially yours,

Roy E. Blgck

/sgr
encs.

APPENDEX C

ROLLiuNG STONE, 344... #16, 1980

The Case of

obert A
sullivan

By STEVE GETTINGER

O HIS CLASSMATES he was “Sully” In the 1965 yearbook of
Belmont High School in Belmont, Massachusetts, they described
him:as a “wholesome and natural personality ...hard worker at all he
tackles ...distinct individual.”

Robert Austin Sullivan is now thirty-two. He left Massachusetts
to go to college in Florida, and he is still in school, with nine As and
ED one B in recent courses from the University of Florida. He is not
however, eligible for a degree; he must be in residence at the university for his last rhifty
hours of credit. Sullivan does his course work sitting on the concrete floor of a six-by-nine-
foot cell, using his bed as a desk. Since 1973, his home has been death row at the Florida
State Prison.

It is a limited ‘existence. Every hour of every day is spent in that yellow-walled cell
except for a five-minute shower every other day and twice-a-week exercise periods. He
skin has the pallor of someone who gets to see the sun only twice a week.

During his exercise periods, Sullivan occasionally leaves the volleyball game to wander
over to the chain link fence and stare through it ata little concrete-block building. It is the
death house, and when the sun is right and the shades are up, Sullivan can peer through the
window and see the electric chair, waiting. ;

SOMETIME AFTER MIDNIGHT on April 9th, 1973, Donald Schmidt lay in the back
seat of an automobile speeding through the mists of the marshes outside Miami. His
wrists: were bound with adhesive: tape. Schmidt, the assistant manager of a Howard
Johnson's restaurant and the father of several children, had been kidnapped from his job
while counting the day’s receipts. When the car finally stopped, two men marched Schmidt
into the swamp. There he knelt, and using both barrels of a shotgun, they blasted away the
top of his head.

Several days after Schmidt’s body was found, the police learned that Robert Sullivan, a
former employee of the restaurant, was using Schmidr’s credit card. When they artestol
Sullivan, he was with two men, Reid McLaughlin and Gilbert Jackson. In the trunk of their
car were a shotgun and adhesive tape. Sullivan was wearing Schmidt's wristwatch. Back in
the motel room the three men shared, police found $1336.83 — about half of what the
robbery netted. The other half was never found. After a sleepless night of interrogation
Sullivan signed a confession, as did McLaughlin. Jackson was allowed to leave.

iis te

10)

Physical Evidence: We have not found a single shred of evidence to implicate Bob

Sullivan for the murder of Donald Schmidt. Let's discuss some of it. Bob's prints
were not found at Howard Johnson's, nor were Schmidt's prints found in Bob's car.
Conflicting with McLaughlin's testimony, no one else could place either Bob or his
car in the area, not Lambert, Rush or the state trooper. Bob's prints were not on
the tire iron nor on Jenner's pistol, nor were there any bloodstains, etc., to sup-
port that the tire iron had been used to bludgeon the victim. The footprints at the
murder scene were not matched to Bob's size, 12 EEE. No one could explain how
Schmidt was missing one shoe. The shoe was never found. Although there is no
ballistics for a shotgun, the state could not match the shell casings found at the
murder scene to Sullivan's brand, nor was the gauge matched. We feel the best
pieces of evidence are the two prints on the tape.
blows a large hole in McLaughlin's story.

implicate Bob.

Jenner's Pistol: McLaughlin said Bob knew the location and stole it. Bob denied
this. William Jenner has been interviewed. He said he is certain that Bob did not
know that he owned a pistol nor where he hid it. Jenner suspects McLaughlin had
learned of the pistol's hiding place during the fall of 1972, when McLaughlin stayed
a few days at Jenner's home.

There simply is no physical evidence to

may have meant that Jackson was involved in the crime, or at least had knowledge of
it.

Gilbert Jackson's murder: When it appeared that Gilbert Jackson was a material
witness, Roy Black planned to have him interviewed. Five days later on August
28th, 1978 Jackson was murdered in Winthrop, Mass. Like Schmidt, Jackson's hands
were bound. Was Jackson killed becaue of what he knew about the Schmidt murder?

David Brill's death: David Brill concluded there was a connection. Brill was an
investigative reporter, but also was an undercover agent for the Norfolk County,
Massachusetts, District Attorney, investigating Roger Spear, a wealthy businessman.
Brill felt Spear was responsible for both murders, Schmidt's and Jackson's. Brill's
car was broken into and his briefcase stolen. The briefcase was later found and
returned to Brill; however, it was missing one file, Brill's file on the Sullivan case.
It wasn't long thereafter, on November 15, 1979, that David Brill was found dead of
cyanide poisoning. The cause of death was listed as an apparent suicide; however,
friends and colleagues insist it was murder.

fication, plus the anonymous calls alerting the police as to where Sullivan would j

located before there was any reason to consider a suspect certainly looks like he was
set-up. But who did it? Who was/were McLaughlin's co-conspirator(s)? Barden
certainly must top the list. Among Howard Johnson employees, Gazzel cannot be
discounted. Was Brill correct that Spear was behind it? How deeply involved was
Jackson, and why was he murdered when Bob's lawyer intended to question him?
Was there a person named Tom who picked up McLaughlin and Jackson on the even-
ing of April 8th, 1973, and was he also involved? Was Luchek involved or was that
merely designed to throw Bob off the ‘track? As you can see we've got a lot of
possibilities, but not a good deal of hard proof.

Did Spear have sufficient motive to set Bob up? Roger Spear has been under inves-
tigation in at least two states for a number of crimes, including murder. David Brill
knew that Spear probably wanted Bob Sullivan silenced, since he knew that Bob had
gained knowledge of several of his (Spear's) criminal acts. It should be noted that
Bob has given the appropriate authorities full information about Spear's activities,
and investigation of Roger Spear is continuing.

Rose Schmidt, the victim's widow, might have helped to solve the complex puzzle.
Subsequent to Bob's conviction she filed a federal lawsuit which charged that em-
ployees of Howard Johnson's were responsible for engineering and executing her
husband's murder with the principle perpetrator named being Frank Barden! If she
is correct about Barden, and the facts support her conclusion, we must ask if
Barden and McLaughlin acted alone. James Mitchell, an associate of Brill, recalls
seeing Frank Barden at The Other Side Lounge in Boston before April 8, 1973.
McLaughlin worked for Frank Cashman at The Other Side. Cashman is a close
associate of Roger Spear (Brill's suspect). The plot thickens! Barden's fleeing on
June 4, 1973 with six day's cash receipts plus the 39 minutes of unaccounted for
time from 12:10 a.m. until 12:49 a.m. on April 9, 1973, make him a prime suspect.
Incidentally, 39 minutes would be sufficient time to drive from Howard Johnson's to
the murder scene and to return to Howard Johnson's.

McLaughlin's many versions of the crime:

a) At the trial, McLaughlin said it was Bob and he who killed Schmidt.

oy ' ' o- * aATA ayo we 128 a OL TE

#trne an

Because no match was made it.

c) Robert Sheley was told in 1973 by McLaughlin while at the jail, that he had set
up Bob Sullivan, and bragged how he duped Bob into using the victim's credit
card.

d) Kenneth Francis was told in 1974 by McLaughlin at the Lake Butler Prison that
he had set up Sullivan and named his partners as Barden and Jackson.

V__CONCLUSION

You have now reviewed this entire complex case, that seems more like an Agatha
Christie whodonit than anything else. But unlike a mystery novel, we cannot yet write
the final chapter. Alfred Hitchcock would be proud of such a script. Unless we can
complete the final chapter, the State of Florida will execute an innocent man. We hope
that we've presented all the known facts in a clear manner. If we have not, please send
us any questions that may still linger and they will be answered to the best of our
ability.

Robert Austin Sullivan

Legal Defense Fund

c/o Ralph Jacobs

53 Leicester Road

Belmont, Massachusetts 02178

APPENDIX B (CONTINUED)

We immediately thereafter sought a stay in the Federal Courts, and
won before Judge Gonzalez.

Surprisingly, the death warrant signing has backfired for the State;
two new witnesses were found. Two men who read the newspaper accounts came
forward and signed sworn statements that Bob was indeed with them, at a bar,
at the time of the murder -- just as Bob has been claiming all along. Attached
are various newspaper articles, one of which describes this testimony. This
has been a big break in the case, and I now intend to carry it forward.

On the bright side -- all work done on Bob's case has been by vol-
unteers. I have spent several hundred hours myself; my associate, Frank
Furci, has spent considerable time. When the death warrant was signed, at-
torneys from all over the state volunteered to assist me. Two attorneys
even did emergency typing over the entire weekend of June 23-24, to prepare
papers for the Federal Appellate Court. Millard Farmer, a noted Atlanta
ret ins lawyer, stood by in New Orleans to assist us at the Federal Appel-

ate Court.

The battle of the past week ended in a great victory for us, but
we must be fully prepared for the legal battles of the future and ultimately
for the chance to prove Bob's innocence.

So Bob's only hope is that you will continue to support him with
your letters and contributions.

Cordially yours,

Roy E. Black

/sgr
encs.

APPENDEX C

The Case of

obert A.
Sullivan

By STEVE GETTINGER

O HIS CLASSMATES he was “Sully.” In the 1965 yearbook of
Belmont High School in Belmont, Massachusetts, they described
him as a “wholesome and natural personality... hard worker at all he
tackles .. .distinct individual.”

Robert Austin Sullivan is now thirty-two. He left Massachusetts
to go to college in Florida, and he is still in school, with nine As and
eetoeieeeees 8 one B in recent courses from the University of Florida. He is not.
however, eligible for a degree; he must be in residence at the university for his last thirty
hours of credit. Sullivan does his course work sitting on the concrete floor of a six-by-nine-
fuot cell, using his bed as a desk. Since 1973, his home has been death row at the Florida
State Prison.

Ir is a limited existence. Every hour of every day is spent in that yellow-walled cell.
except for a five-minute shower every other day and twice-a-week exercise periods. His
skin has the pallor of someone who gets to see the sun only twice a week.

During his exercise periods, Sullivan occasionally leaves the volleyball game to wander
over to the chain link fence and stare through it at a little concrete-block building. Ir is the
death house, and when the sun is right and the shades are up, Sullivan can peer through the
window and see the electric chair, waiting.

ROLLiuN IG STONE, 344... 16, 1980

SOMETIME AFTER MIDNIGHT on April 9th, 1973, Donald Schmidt lay in the back
seat of an automobile speeding through the mists of the marshes outside Miami. His
wrists: were bound with adhesive: tape. Schmidt, the assistant manager of a Howard
Johnson’s restaurant and the father of several children, had been kidnapped from his job
while counting the day’s receipts. When the car finally stopped, two men marched Schmidt
into the swamp. There he knelt, and using both barrels of a shotgun, they blasted away the
top of his head.

Several days after Schmidt’s body was found, the police learned thar Robert Sullivan, a
former employee of the restaurant, was using Schmidt’s credit card. When they arrested
Sullivan, he was with two men, Reid McLaughlin and Gilbert Jackson. In the trunk of their
car were a shotgun and adhesive tape. Sullivan was wearing Schmidt’s wristwatch. Back in
the motel room the three men shared, police found $1336.83 — about half of what the

robbery netted. The other half was never eet After a slecpiess Bight of interrogation,
Cott: ! fac Pena ot Eire hisetendsen te SIE nad ei beac

Appeal process in State and Federal Courts
(1) November 27th 1974 Florida Supreme Court (FSC)
Justice Dekle wrote the 4 to 2 ruling against Sullivan.
Justices Boye and Ervin dissented.

(2) July 6th 1976 U. S. Supreme Court (USSC) Certiorari
denied. Justices Brennan and Marshall dissented, urging
hearing Sullivan's appeal.

(3) December 1st 1976 3.800 B Motion, State Circuit Court (SCC)
Judge Cowart, the trial judge, denied the motion.

(5) 3.850 State Post-Conviction Motion
March 15th 1979 Filed
May 1st 1979 Denied by Judge Gable [see Appendix B]

(6) Florida Supreme Court (FSC)

May 25th 1979 Filed appeal of Judge Gable's decision

(7) Federal District Court (FDC)

June 25th 1979 Judge Jose Gonzalez granted a Stay of
Execution. However, on June 4th 1981 Gonzalez
denied the appeal by accepting Magistrate Kyle's
recommendation to reject all dozen appeal issues.

(8) Federal Court of Appeals, 11th Circuit (FCA)
December 2nd 1981 An appeal of Judge Gonzalez was filed before
this court. A three-judge panel is scheduled to
hear oral arguments Age 30th 1982.
es

(9) U. S. Supreme Court Whichever side ] + Step 8 can appeal
that ruling here.

If Robert Sullivan loses at Steps 8 and 9, Governor Graham will sign a
Second step warrant. The only way to prevent the scheduled execution would
be to start a second round of appeals at Step 5, if there are new issues to
raise and pray a judge (or judges) feel(s) the new issues--provided they
= ln Pci Substantial enough in the legal sense to order another stay of

Law OFrPricE oP mscuswlX B

Buiack & DENARO P.A.
Surre 1402
Nortneast Arriines BuILpina

1350 S.E. 2np Ave.

Roy E. Brack Miami, FLoripa 33131 Azza Cope 305
Jaox M. Denaro TEeLErHore
371-6421

June 29, 1979

"The judicial process has evolved over the centuries. It
ts calculated to be a deliberative process. Courts must
have sufficient time to consider matters timely presented.
Absent evidence that Sullivan has abused the judicial pro-
cess, thts court should accord his appeal the same deliber-
ative review to which all litigants are constitutionally
entitled. In our opinion, a stay should be granted to per-
mit the degree of orderly and thorough consideration that
would otherwise have been afforded in this case had a death
warrant not been stgned at the time that it was."

Dear Friends:

Miraculously, those words were expressly adopted by United States
District Judge Jose A. Gonzalez when he halted Bob's execution 38 hours be-
fore the grisly event was to occur. Without your. support, we may not have
had sufficient resources to get before Judge Gonzalez. I am writing you to
describe our tortuous path to Judge Gonzalez' courtroom, and to ask for your

continued support.

they would be needed.

to.

Judge Ellen Morphonios Gable then ordered the case heard before her.
She examined our motion for a couple of weeks, and then ordered an evidentiary
hearing to allow us to prove our allegations. Incredulously, she first sched-
uled the hearing for two days later, and then refused to return Bob to the
court so he could testify. I filed motion after motion demanding Bob's return
but each one was denied.

Naturally, without Bob's testimony, the judge denied our motion; we
had not even been given a chance to prove our case:

I immediately appealed to the Florida Supreme Court, and our appeal
was docketed on May 25th. In the meantime, the Governor ordered a new clemen-
cy hearing for Bob. I submitted over 200 letters, affidavits, and documents
to the Governor, which all of you contributed to, in support of our appeal for
clemency. While I can not send each of you a copy of our presentation (it is
several hundred pages long), I have attached a few pages which tell a lot about

Nak TUVY s..26 FT weannd than

APPENDIX C (CONTINUED)

The trial was brief. McLaughlin turned state’s evidence in exchange for a life sentence,
and he testihed that Sullivan had planned the crime and fired the fatal shots. The
prosecutors contended that Sullivan’s motive was to pull off “the perfect crime” in
revenge for being sacked from his job at Howard Johnson’s. (Schmidt and Sullivan did not
know each other). Against this — the confessions and the physical evidence — Sullivan’s
court-appointed attorney presented only two witnesses: Sullivan and a fingerprint expert
who entered into evidence unidentified prints that appeared on the tape that bound
Schmidt. Sullivan repudiated his confession and denied that he had participated in the
murder, saying that he was in a bar that night and maintaining that McLaughlin had used a
ruse to get him to use the watch and the credit card. When it came time to plead for
Sullivan’s life, his attorney spent less than five minutes trying to tug the heartstrings of the
jury. It didn’t work, and Sullivan was sentenced to die.

There is not a guilty man on death row, if you ask them. Many inmates offer pro forma
protestations of innocence for the benefit of their families, or to create a lingering doubc in
the governor's mind when it comes time to sign a death warrant. But Roy Black, Sullivan’s
new attorney, has come up with enough to cast substantial doubt on Sullivan’s guilt.

Sullivan contends, as he did at his trial, that on the night of the murder, he was in Keith’s
Cruise Lounge in Hallendale, Florida, from 11:30 p.m. until four a.m., the hours when the
crime took place. Until recently, no one had tried very hard to contact anyone who might
have been there. The lounge went out of business several years ago. But as a result of the
publicity surrounding Sullivan’s death warrant, two men have come forward to proclaim in
affadavits that they were with Sullivan in the bar that night. One of them says he
remembers the night vividly because he celebrated his eighteenth birthday there that
night, and he places Sullivan there from 11:30 p.m. to 3:30 a.m. The other witness is the
bartender, who recalls that Sullivan drank Johnny Walker Red all night, ran a tab and
returned the next day to pay his bill.

Sullivan and Black say this did not come out at the trial because Sullivan's original
attorney, Denis Dean, did not bother to investigate. They have filed amotion, part of which
charges Dean with providing ineffective assistance, and this is the thin legal thread by
which Sullivan’s life dangles. Ifa court rules that Dean did not do his job adequately, then

APPENDEX C (CONCLUDED)

There is one aspect of this case that has remained in the shadows: Keith's Cruise
Lounge, where Sullivan claims to have been, had a reputation as a hangout for local gays.
This might explain why it has been so difficult to find alibi witnesses for Sullivan. In Dade
County, where sentiment against gays runs high, it is understandable that men might
‘choose not to proclaim to the world that they had spent a particular night six years ayo in
that particular bar. Roy Black says that he has heard from some skittish patrons, including
one Sullivan asked police to call immediately after his arrest, and that he is
negotiating with them to come forward publicly.

Meanwhile, Black ‘has discovered that the physical evidence in Sullivan’s case —
including the unmatched fingerprints from the tape that bound Schmidt’s wrists — was
destroyed last year by court order.

IF SULLIVAN IS indeed exonerated, it will not be the first time Florida has tried to
execute an innocent man. Three men who spent long years on death row in this decade,
Delbert Tibbs, Freddie Pitts and Wilbert Lee, were eventually cleared of their crimes. John
Spenkelink, who was executed last May, offered a claim of self-defense that was never
conclusively disproven. And there is reason to believe that the last man executed in Florida
in the Sixties, Sie Dawson, may have been railroaded. Florida does not have a particularly
good track record in its rush to lead the nation in capital punishment.

dead.”

Steve GETTINGER is the author of ‘Sentenced to Die: the People, the Crimes and the
Controversy.’

aesemmaeniineeniaiinmmnariiasiiin ne

sULLIVA N, Robert a,, white, elec, Fla. (Dade County) on November 30.3961...

Nramanowndinn) uliales

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4

{

SULLIVAN, Robert Austiny white, electrocuted

Florida (Dade) on November 30, 1983.

THE NEW YORK TIMES, MONDAY, DECEMBER 5, 1983.

At 10 A.M. Wednesday, I found it
too easy to visualize what Robert Aus-
tin Sullivan was going through as he
awaited his execution at the Florida
State Prison at Starke. - - -

He had described his fears to me
dozens of times, in letters and in per-
son: choking down his last meal, feel-
ing the razor as it shaved his head and
leg, feeling the leather belts cinch
him into the big oak chair that in-
mates call ‘‘Old Sparky..”’

Several years ago, 1 sat in that

‘same chair, for a few minutes, and

tried to imagine what it would be
like: gagged and bound, drinking in
one last vision before they dropped

the hood over my eyes. Would there
be one caring face in that crowd of

met him in June 1976. Col-
and middle-class, he
more like me than most of those
populate death rows across the
try. Mir. Sullivan didn’t blink at
questions: What do you imagine it
feel like? Do you dream about it?
‘Will you fight the guards when they .
come to get you? His direct answers,
delivered with a slight stutter, and his
wide eyes told me he thought about
these things all too often.

A week later, I was back on death
row taking photographs. In response
to questions from Mr. Sullivan, I told
him gently that the Supreme Court’
had rejected his appeal the day be-
fore. He said his lawyer hadn’t both-
ered to call him. Mr. Sullivan’s photo-
graph shows him behind the bars of
his cage, a portly young man standing
in his underwear, looking wistful. ~

In May 1979, Mr. Sullivan peered
across the prison yard at the dim
movements in the death house as
John Spenkelink was executed. Later,
he wrote a long reconstruction of the
imeident filled with disturbing detail:
“A special lubricant solution was ap-
plied to his shaved head and leg to in-
crease the conductivity and to reduce

A few weeks later, the Governor
signed Mir. Sullivan’s first death war-
rant. I edited the diary he kept during
that week of tension. It showed what a
hell he had been through: dreaming .
of his childhood, of running through
the summer evening after dinner to
play baseball — only to wake in a
sweat wondering how much time was
left. A judge gave him a reprieve 38
ihours before the execution.

Im 1981, I visited him. He was in
pain from an abscessed tooth and
back problems, but he was full of
plans for his appeals. He seemed
more mature; the stutter was gone.

This year, his letters were less opti-
mistic. “Quite frankly, my status has
grown much worse,”” he wrote in
January. ““Needless to say, many

* thoughts are racing through my

mind. Death is among them. I am
compelled to face the possibility of a

. horrible death, one that boggles the

mind.” In the spring, he was alarmed
by the execution of John Evans in
Alabama, particularly by the mal-
functionimg electric chair that took 13
minutes to kill him. The happy smil-
ing face Mr. Sullivan always drew
next to his signature disappeared. .

When he wrote to tell me of his sec-.
ondi and final death warrant, he pro-
jected an air of strength. ‘This war-
rant is a very serious matter. Be-
cause I wiew my friends and my sup-
porters as my family, I must honestly
tell you that this friendship has
helped me more than words alone can
express. Because of my friends I have
never walked alone, nor do I now.”
‘News reports said that Mr. Sullivan
was calm during the night before his
execution but that he broke down and
cried several times in the death
chamber. His last words, according
to one witness, were: ‘‘I hold malice
to none. May God bless you all.”’ ;

1 hhave'‘tried to blot out the scene

Stephen Gettinger wrote ‘Sentenced

to 2 a ees of capital punish-
ment. ore ERR he i

(waiting

Execution —

_ | ByStephenGettinger 99 2

with images of the murder of which ;
Mr. Sullivan was convicted: Donald.’
Schmidt, assistant manager of a res-
taurant, kidnapped from his office at
midnight, driven out to a deserted
spot in the woods, kneeling blind-
folded while a shotgun blew his head
open. But there is the nagging chance
a “ds Ber: 34 3

that Mr. Sullivan may not have done
it: His evidence that he was not in-
volved, while questionable, was never
given a full examination in court.

Aside from that, the firm belief grows
that one nightmare does not cancel.

out another. The horror inflicted on

36-year-old Robert Sullivan dimin-_

sf athe At

tig 3

‘shes us all: executioners, observers,
those who ignored it.
Albert Camus wrote: “‘The devas-

tating, degrading fear that is imposed |

on the condemned for months or
years is a punishment more terrible
than death. For there to be i
lence, the death penalty would have
to punish a criminal who had warned

his victim of the date at which he -

would inflict a horrible death on him
and. who, from that moment onward,
had confined him at his mercy for
months. Such a monster is not en-
countered in private life.” Ai

‘ : “t opie a

No Shields?

tad
uhh

Between
You and

High Prices 4

By Jay Angoff.

WASHINGTON — The price of Cal-
vin Klein jeans, Cuisinarts, Lenox
china, Danskins, Apple computers,
London Fog raincoats, Izod shirts,
Van Heusen shirts, Pioneer stereos,
Cricketeer suits, Seiko watches and
many other name-brand products is
likely to rise dramatically if the Ad-
ministration prevails in a case before
the Supreme Court today.

In Monsanto v. Spray-Rite, the Jus- -
tice Department in effect is urging
the Court, which will hand down its +
decision later this term, to legalize
certain kinds of price-fixing — specif-
ically, arrangements between manu-

facturers and retailers to fix a prod-
uct’s retail price. If such agreements *:
were legal, manufacturers could pro- -.;

hibit retailers from selling their prod-
ucts at less than the manufacturer’s
suggested retail price. Consumers
would be forced to pay the list me
everywhere. 7

Today, if you shop around, you can
find Izod shirts for $16, but if the Ad-
ministration prevails, you will have
to pay the list price of $27. One model
of the popular Seiko watch is sold for
under $100 at discount stores; the Ad-
ministration would have you pay $250.
Calvin Klein jeans can be found for
less than $20 at some stores; tomor-
row, at least $36 at all stores. A

“Prince Classic tennis racquet costs

$45 at a discounter; tomorrow, $70
everywhere.

According to the K-Mart Corpora-
tion, a major discounter, legalizing
such price-fixing could cost consum-
ers $23 billion a year.

Technically, the Administration is
not asking the Court to automatically _
legalize retail price-fixing, but rather
to judge it under the “‘rule of reason”
— to allow defendants to raise, and
force plaintiffs to rebut, all possible
justifications for the particular
agreement in question. As a practical
matter, this increased burden of
proof would make bringing a retail
price-fixing case prohibitively expen-
sive, and would allow manufacturers
to dictate retail prices with impunity.

Since 1911, the Court has consis-
tently held retail price-fixing per se
unlawful =- that is, illegal regardless
of the excuse offered for its use — be-
cause of its “pernicious effect on
competition” and “lack of any re-
deeming virtue.’’ It would seem diffi-
cult to argue with the Court, since
price-fixing raises prices to buyers
and prevents businesses that want to
charge lower prices from doing so,
forcing them into line or out of busi-.
ness,

Jay Angoff is a lawyer with Public
Citizen’s Congress Watch, a con-
sumer hc oninaenne founded by Ralph
Nader. , i iteiae lad

sie dy et Eee

Now, however, the Administration

maintains not only that retail price-
fixing may not restrain competition
but that it can actually promote
competition! If retailers can charge
the higher, fixed price that retail
price-fixing allows them to, the Ad-
ministration theorizes, they will use
their excess profits to advertise and
to provide special services — fancy
showrooms, dramatic lighting,
trained sales experts — that enhance
a product’s value. Consumers may
not want such frills, only the product
itself, but the Administration would
force them to pay for the frills.

If the Administration prevails, cus-
tomers may have to pay for more ad-
vertising. While the Administration

believes that ads benefit consumers;
by conveying socially desirable infor- >

mation about a product’s price and ‘{

quality, much advertising — Brooke
Shields’ informing television viewers
that nothing comes between her and
her Calvins — does not necessarily
square with the Administration’s

-thinking. Further, there is no guaran- .

tee that retailers will use the extra
profits to advertise or on special serv-
ices — they may simply pocket them.

The Court probably will not adopt
the Administration’s view, both be-
cause doing so would overrule more
than 70 years of case law and because
the Court need not decide the legality
of retail price-fixing in general to de-
cide the Monsanto case. Moreover,
Congress recently prohibited the Jus-
tice Department from arguing in
other cases that some price-fixing
should be lawful. «

But there is nothing either Con- |
gress or the courts can do to make the —

\ Justice Department prosecute retail
price-fixers. And the longer the de-
partment goes without prosecuting,

the more manufacturers will try to.

Ment oy tT eet

dictate and enforce fixed retail
prices. The president of Phillips-Van
Heusen — makers of Van Heusen
shirts, Cricketeer suits and Geoffrey
Beene sportwear — told the Mens-
wear Retailers of America that he
will not sell to discounters or to stores
that sell to discounters. The makers
of London Fog raincoats and Izod
shirts, among many others, have
made similar although less public
threats. More companies will make
and act on such threats, and more
consumers will be forced to pay full
price, as long as the people running
the Justice Department do not en-
force the law against retail price-fix-
ing — that is, as long as the Reagan
Administration runs the Govern:

VC ie am

Ont

BOSTON, Dec.
Presidents have d:
by a single act a:
President Reagan
an abrupt veto he
Administration’s €
right-wing death s
dor. He considered
turers and murder

paying for “victory

Mr. Reagan has
sadors in El Salvi
turn has_ conder.
squads. The curr
Thomas Pickering,
25, criticizing the S<
ment’s failure to a:
known to be involve

“The future of ;
stake,’’ Ambassad
Salvadorans. ‘‘No o
a country where nc
to find out who du:
stations and park
wants his children
that almost anythir.
taken as ‘subversiv:

Five days later .
cast his veto. He ki
unanimously by Cc
| two-year-old legis)
| military aid to pr
rights in El Salvad
of continued aid, t
quired the Preside:
six months that; !
making effective
abuses and, specifi
murderers of eig
trial

The immediate rx
gan’s veto was plai
human rights prog:
four times in the 1:
spite continuing de:
This time the act
grant, the facts <
that his own peop!
held their noses for
tion.

“In the present
Secretary of State :
ers after the veto, ‘
a change between n
of January, I think
difficult to sign a c

_ next one would hav

January.

The veto sent a si,
be missed. Ronal
going to let anythir
E] Salvador stand
for its armed force
rorism that is supp
in those forces and
society apart.

That message ¢
that the United Sta

> fective pressure on

Ww
3

sn Ss

a acre’ To

varias Les
Nap etsy 4

HRs

3 wba ee ady

tectives had obtained samples of Sul-
livan’s handwriting and compared
them with the forged signatures on
the dead man’s credit card purchases.
The striking similarity was noted also
on papers in possession of the chunky
young man arrested early on April 17.
Sullivan admitted his identity.

Felton told him he was arresting
him on the New Hampshire warrant
charging embezzlement. His companion,
identified as Reid McLaughlin, 20, of
Boston, was told to come along for in-
vestigation.

At headquarters in downtown Mi-
ami, both men gave statements, Felton
reported later, and, within a few hours,
both were jailed on charges of the first
degree murder of Donald Schmidt.

Four days later, Sullivan and Mc-
Laughlin went before Dade County
Judge Richard Hickey on the charges
and Detective Felton was the principal

. witness.

The detective said that the suspects

had told him that they drove down
from Boston, intending to rob the
Howard Johnson’s where Sullivan for-
merly had worked as manager. They
“cased” the place, Felton said they had
told him, and waited until everyone
but Schmidt had left, then went in
brandishing a .38-caliber pistol.

Schmidt opened the safe without re-
sisting, Felton quoted the suspects.

“They bound his hands with tape,
put him in Sullivan’s car and drove to
an area near Krome. Avenue and
Southwest Eighth Street [the Tamiami
Trail],” Felton testified.

Then, according to Felton’s version
of a statement by McLaughlin, Sulli-
van took a tire iron from the car and
McLaughlin carried the shotgun as
they walked their victim into swampy
ground on the edge of the Everglades.

“As they were walking, Schmidt lost
his footing and fell face down in the
mud, with his hands tied behind him,”
Felton said he was told.

When Schmidt tried to get up, Sul-
livan knocked him back down on his
face with the tire iron, Felton quoted
McLaughlin. Then, Felton testified that
he was told by McLaughlin, Sullivan
asked for the shotgun and fired both
barrels into Schmidt’s head.

Both suspects admitted in their
statements that Sullivan had re-loaded
the shotgun and again shot Schmidt
with both barrels, according to the de-
tective.

Prosecutor Terence McWilliams asked
Felton if Sullivan had given a reason

for allegedly killing Schmidt after he

had cooperated with the robbery by
opening the restaurant safe as he was
ordered to do.

“He said, ‘I always wanted to com-
mit a murder,’” Felton replied.

At the conclusion of the hearing,
Judge Hickey ordered both men bound
over to the Dade County grand jury on
first degree murder charges and held
without bail. &

THE BROWNIE SCOUT AND THE IMPOSSIBLE KILLER continued from page 37

girl, wearing a turquoise short-sleeved
blouse, maroon slacks and red sneakers
with blue and white stripes.

Throughout the dark nighttime hours,
the search by hundreds of the volun-
teers continued. At 2:30 a.m., blood-
hounds were brought into the hunt
from the New York State police bar-
racks at Hawthorne, across the state
line. But, the long hours of combing
woods, searching underbrush with
flashlights or knocking on the doors of
neighbors brought a frustrating paucity
of results.

“If we could find something to fol-
low up on, it would be a big help,”
sighed Hillsdale Captain of Police Rob-
ert J. Schramm, exhausted by the gruel-
ing ordeal.

The only tangible evidence of Joan’s
movement was a completely negative
one. After a careful check of possible
cookie customers, it was reported that
she had not contacted any of them.
Her actual customers were on a cookie
list that the child had taken with her
and there was no. duplicate. One of
the customers checked was the neigh-
bor whose car coming into his drive-
way had spurred the Brownie Scout to
action, police noted. :

The neighbor, Joseph McGowan, a
26-year-old high school teacher, told
police he never saw Joan that after-
noon. McGowan said he had parked
his car in his driveway and then walked
to a neighborhood supermarket before
returning home. His home is within
sight of Joan’s although it is on the
intersecting St. Nicholas Avenue, rather

than on Florence Street, police pointed
out. They wondered what could have
happened to the little girl in that short
distance.

At one point during the endless
stretches of the night, hope flared dra-
matically. In a school bus parking lot,
about a quarter of a mile from Joan’s
home, one searcher yelled excitedly,
“Here, come here... I’ve found some-
thing!” ~

There, behind one of the seats, was
a small sneaker and, alongside it, a
box of Girl Scout cookies, But, rushing
the sneaker to the D’Allessandros,
searchers found it was not Joan’s, The
footwear later was traced to a boy in
the neighborhood who had left it that
day on the bus and careful examina-
tion also revealed that the cookies
which were no longer fresh, had been
on the bus much longer than the few
hours that tiny Joan had been missing.

One exhausted fireman said during
a break, “She’s either curled up some-
where asleep or scared to come out.
I'm afraid of anything else.”

A 22-year-old volunteer searcher said
numbly, “You don’t think about what
might have happened. You just look.”

As the first touch of dawn came to -

the east and a glow of color began
pushing back the blackness of the night,
Hillsdale Detective David Kramer said
wearily, “There’s nothing to indicate
anything right now except that she’s
gone.”

On the reluctant assumption that lit-
tle Joan might have been kidnaped,
Hillsdale officials notified the Federal

Bureau of Investigation office in New-
ark. However, agents could not imme-
diately enter the case, since there was
no hard evidence of an abduction.

Hillsdale Chief of Police Philip Varis-
co cut short a Florida vacation to rush
home to lead the search for Joan. Later
that morning, on Good Friday, Chief
Varisco told newsmen, “We have no
recourse but to believe that the child
was abducted. She was not one of
those wandering types.”

He quickly admitted that he had
nothing to bolster his belief but a feel-
ing. He noted, however, that searchers
had “tumed this town upside down”
without finding a clue to Joan’s where-
abouts. Swimming pools, garages, va-
cant buildings and sewers had been
examined. The Woodcliff Lake Reser-
voir, six blocks from Joan’s home, was
probed by the Bergen County scuba
diving team which also searched the
Pascack Brook, which runs through
town, and all the other ponds in the
area,

. Even helicopters were used in the
probe, but, as the bone-weary search-
ers trooped into the firehouse for food
and coffee provided by the Firemen’s
Auxiliary, they had to admit the heart-
breaking night had yielded no results,

With the new day, investigators from
the Bergen County prosecutor’s office
and from Rockland County, across the
New York State line, joined in the
hunt for Joan. Hillsdale, with a popu-
lation of 12,000, is just five miles south
of the New Jersey-New York border
and a joint effort of the two states
was appropriate and welcome.

Clinging to her faith during the long

‘poi ssn dietnbath) panda)

~ anstne do Raver JAcons; S| Manger STREET

Quincy Mass, oaled . Nand ana) tee 2p shee

APPENDIX C (CONTINUED)

The trial was brief. McLaughlin turned state’s evidence in exchange for a life sentence,
and he testified that Sullivan had planned the crime and fired the fatal shots. The
Prosecutors contended that Sullivan’s motive was to pull off “the perfect crime” in
revenge for being sacked from his job at Howard Johnson’s. (Schmidt and Sullivan did not
know each other). Against this— the confessions and the physical evidence — Sullivan’s
court-appointed attorney presented only two witnesses: Sullivan and a fingerprint expert
who entered into evidence unidentified prints that appeared on the tape that bound
Schmidt. Sullivan repudiated his confession and denied that he had participated in the
murder, saying that he was in a bar that night and maintaining that McLaughlin had used a
ruse to get him to use the watch and the credit card. When it came time to plead for
Sullivan’s life, his attorney spent less than five minutes trying to tug the heartstrings of the
jury. It didn’t work, and Sullivan was sentenced to die.

SULLIVAN DOES NOT fit the image of a robberemurderer. He is probably the most
middle-class of the 140 inmates on Florida’s death row. As an infant, he was adopted by a
Harvard-educated surgeon in New Hampshire in an attempt to shore up a failing
marriage. It didn’t work, and the traumas of being passed around after the divorce left
Sullivan with a stuttering problem and a desire to leave home. He attended the University
of Miami for four years but dropped out to go into restaurant management.

For the first four years on death tow, Sullivan remained silent about the crime on orders
from his attorney. Things took a surprising turn in 1978 when Sullivan got a new attorney
and proclaimed that he had not been involved in the murder at all—that he had been

framed.

tions. He has affadavits from inmates who say McLaughlin told them that he lied;
McLaughlin has denied this. Sullivan’s “confession,” Black says, was the product of lack of
sleep and police pressure, with the police providing the details—several of which proved to
be inaccurate.

Sullivan and Black say this did not come out at the trial because Sullivan’s original
attorney, Denis Dean, did not bother to investigate. They have filed amotion, part of which
charges Dean with providing ineffective assistance, and this is the thin legal thread by
which Sullivan’s life dangles. If a court rules that Dean did not do his job adequately, then
Sullivan would be entitled to a new trial. If the motion fails, however, then this new evidence
will probably never make it into a courtroom.

APPENDEX C (CONCLUDED)

There is one aspect of this case that has remained in the shadows: Keith’s Cruise
Lounge, where Sullivan claims to have been, had a reputation as a harigout for local gays.
This might explain why it has been so difficult to find alibi witnesses for Sullivan. In Dade
Country, where sentiment against gays runs high, it is understandable that men might
choose not to proclaim to the world that they had spent a particular night six years ago in
that particular bar. Roy Black says that he has heard from some skittish patrons, including
one Sullivan asked police to call immediately after his arrest, and that he is
negotiating with them to come forward publicly. :

There have been even more mysterious developments in the case in recent months. Soon
after Roy Black began a concerted search for Gilbert Jackson, Jackson was found
murdered in Massachusetts. Two men subsequently pleaded guilty to the crime, but there
have been rumors that more people were involved. Later, in the fall, a reporter for a Boston
gay periodical and friend of Jackson’s who was investigating the case and who was
convinced of Sullivan’s innocence turned up dead as well. He was killed by cyanide
Poisoning; the death was ruled a suicide, but in the minds of some police officers there are
still some unanswered questions. Sullivan says Jackson and the reporter were killed to

al murderer. 4 :
yaa Black ‘has discovered that the physical evidence in Sullivan's case —
including the unmatched fingerprints from the tape that bound Schmide’s wrists — was
destroyed last year by court order.

IE SULLIVAN IS indeed exonerated, it will not be the first time Florida has tried to
execute an innocent man. Three men who spent long years on death row in this decade,
Delbert Tibbs, Freddie Pitts and Wilbert Lee, were eventually cleared of their crimes. John
Spenkelink, who was executed last May, offered a claim of self-defense that was never
conclusively disproven. And there is reason to believe that the last man executed in Florida
in the Sixties, Sie Dawson, may have been railroaded. Florida does not have a particularly
good track record in its rush to lead the nation in capital punishment.

IVAN IS back in R-1-N-8, proclaiming a faith in his ultimate vindication
sete steirtes in the courts would not seem to support. The finding of * two
alibi witnesses and the news of the Massachusetts investigations have made him al —
buoyant. But he knows that if he loses the next round of appeals, he probably a “ ya
year or so to live. He also knows that if the governor signs another death warrant for cm
he probably won’t come out of the deathwatch alive. “It’s like a nine-inning ball — e
says in his deliberate manner, with pauses that threaten to turn into a full stutter. sats
behind in the first few innings, but you still try to win the game. Only here” —he chuckles
without mirth—"“if you win the ball game, you are alive. If you lose the ball game— you are
dead.”

Steve GeTrincERris the author of ‘Sentenced to Die: the People, the Crimes and the
Controversy.’

APPENDIX __

LEGAL HISTORY OF THE CASE OF ROBERT A. SULLIVAN

(A) April 8th/9th 1973 Date of crime which occured in Dade County Florida
(B) April 17th 1973 Date of arrest of Sullivan
(C) November 2nd-8th Period of the Trial

(1) November 2nd Pre-trial conference

(2) November 5th/6th Jury selection

(3) November 6th, 7th, 8th Actual trial

(4) November 8th Jury returns guilty verdict
(5) November 12th Sentenced to die

(6) November 14th Arrived at Death Row

(D) 1974 to present:

Appeal process in State and Federal Courts
) November 27th 1974 Florida Supreme Court (FSC)
Justice Dekle wrote the 4 to 2 ruling against Sullivan.
Justices Boyd and Ervin dissented.

(2) July 6th 1976 U. S. Suoreme Court (USSC) Certiorari
denied. Justices Brennan and Marshall dissented, urging
hearing Sullivan's appeal.

(3) December Ist 1976 3.800 B Motion, State Circuit Court (SCC)
Judge Cowart, the trial judge, denied the motion.

(5) 3.850 State Post-Conviction Motion

March 15th 1979 Filed

May Ist 1979 Denied by Judge Gable {see Appendix B]
(6) Florida Supreme Court (FSC)

May 25th 1979 Filed appeal of Judge Gable's decision

June 22nd 1979 Appeal denied by a 4 to 3 vote. Chief

Justice Arthur Enaland wrote a very strongly
worded minority dissent. The only Judge on
the Court both in 1974 and 1979 was Boyd. In
1974 he was for Sullivan, but in 1979 he voted
against, despite all the issues raised in 1974
still being appealed. [again see Appendix B]

(7) Federal District Court (FDC)

June 25th 1979 Judge Jose Gonzalez granted a Stay of
Execution. However, on June 4th 1981 Gonzalez
denied the appeal by accepting Magistrate Kyle's
recommendation to reject all dozen appeal issues.

(8) Federal Court of Appeals, 11th Circuit (FCA)
August 30th 1982 A three-judge panel heard oral arguments
for appeal.
January 17th 1983 The panel rejected the entire appeal
0

3 to 0.
May 18th 1983 The petition for re-hearing was denied.

(9) U.S. Supreme Court Bob's Writ of Certiorari must be filed
by August 15th 1983.

bd .

Law OFrrice oF
Brack & DENARO P.A.
Surre 1402
Norrueasr ArrmLines BuILDING

150 S. E. 2np Ave.

Roy E. Brack Miami, FLoripa 33131 gree
NE
Jaox M. Denaro 371-6421

June 29, 1979

"The judicial process has evolved over the centuries. It
ts caleulated to be a deliberative process. Courts must
have suffictent time to consider matters timely presented.
Absent evidence that Sullivan has abused the judicial pro-
cess, thts court should accord his appeal the same deliber-
ative review to which all litigants are constitutionally
entitled. In our opinion, a stay should be granted to per-
mit the degree of orderly and thorough consideration that
would otherwise have been afforded in this case had a death
warrant not been signed at the time that tt was."

Dear Friends:

Miraculously, those words were expressly adopted by United States
District Judge Jose A. Gonzalez when he halted Bob's execution 38 hours be-
fore the grisly event was to occur. Without your support, we may not have
had sufficient resources to get before Judge Gonzalez. I am writing you to
describe our tortuous path to Judge Gonzalez' courtroom, and to ask for your
continued support.

: We have set out at length our grievances over Bob's prior legal
representation and lack of investigation, which resulted in his unjust con-
viction. The motion came before Judge Cowart of the Dade County Circuit
Court. I filed a motion asking him to disqualify himself because of preju-
dicial statements he had made about Bob, and he agreed to withdraw.

Naturally, without Bob's testimony, the judge denied our motion; we
had not even been given a chance to prove our case!

I immediately appealed to the Florida Supreme Court, and our appeal
was docketed on May 25th. In the meantime, the Governor ordered a new clemen-
cy hearing for Bob. I submitted over 200 letters, affidavits, and documents
to the Governor, which all of you contributed to, in support of our appeal for
clemency. While I can not send each of you a copy of our presentation (it is
several hundred pages long), I have attached a few pages which tell a lot about
Bob. I'll just let you read them.

APPENC CONTINUED)

We immediately thereafter sought a stay in the Federal Courts, and
won before Judge Gonzalez.

Surprisingly, the death warrant signing has backfired for the State;
two new witnesses were found. Two men who read the newspaper accounts came
forward and signed sworn statements that Bob was indeed with them, at a bar,
at the time of the murder -- just as Bob has been claiming all along. Attached
are various newspaper articles, one of which describes this testimony. This
has been a big break in the case, and I now intend to carry it forward.

Our biggest problem is that all our funds are totally exhausted.
In one week we have had to expend at least $2500. Xerox costs were over
$700; telephone about $500; plane, fare, taxis, transcripts, etc., all add
' up. I expended my own funds when the defense fund ran out. In order to
insure success, we had to fly to Tallahassee three times, to the peniten-
tiary, and to New Orleans. All documents had to be hand-delivered because
of the short time given to us.

The battle of the past week ended in a great victory for us, but
we must be fully prepared for the legal battles of the future and ultimately
for the chance to prove Bob's innocence.

So Bob's only hope is that you will continue to support him with
your letters and contributions.

Cordially yours,

Roy E. Black

/sgr
encs.

APPENDEX C

-The Case of ROLLUuNG STONE, MAix H6, 1980

Robert A.
Sullivan.

By STEVE GETTINGER

O HIS CLASSMATES he was “Sully” In the 1965 yearbook of
Belmont High School in Belmont, Massachusetts, they described
him as a “wholesome and natural personality...hard worker at all he
tackles ...distinct individual.”

Robert Austin Sullivan is now thirty-two. He left Massachusetts
to go to college in Florida, and he is still in school, with nine As and
Summ Boone B in recent courses from the University of Florida. He is not,
however, eligible for a degree; he must be in residence at the university for his last thirty
hours of credit. Sullivan does his course work sitting on the concrete floor of a six-by-nine-
foot cell, using his bed as a desk. Since 1973, his home has been death row at the Florida
State Prison.

It is a limited ‘existence. Every hour of every day is spent in that yellow-walled cell,
except for a five-minute shower every other day and twice-a-week exercise periods. His
skin has the pallor of someone who gets to see the sun only twice a week.

SOMETIME AFTER MIDNIGHT on April 9th, 1973, Donald Schmidt lay in the back
seat of an automobile speeding through the mists of the marshes outside Miami. His
wrists: were bound with adhesive: tape. Schmidt, the assistant manager of a Howard
Johnson’s restaurant and the father of several children, had been kidnapped from his job
while counting the day’s receipts. When the car finally stopped, two men marched Schmidt
into the swamp. There he knelt, and using both barrels of a shotgun, they blasted away the
top of his head. 4

Several days after Schmidt’s body was found, the police learned that Robert Sullivan, a
former employee of the restaurant, was using Schmidt's credit card. When they arrested
Sullivan, he was with two men, Reid McLaughlin and Gilbert Jackson. In the trunk of their
car were a shotgun and adhesive tape. Sullivan was wearing Schmidt’s wristwatch. Back in
the motel room the three men shared, police found $1336.83 — about half of what the
robbery netted. The other half was never found. After a sleepless night of interrogation,
Sullivan signed a confession, as did McLaughlin. Jackson was allowed to leave.

.
«

] atally, 49 minutes would be sufficient time to drive from Howard Johnson's to
t irder scene and to return to Howard Johnson's.

11) Watch Conflict. Bob was accused of wearing the victim's watch when he was arrested.
Denis Dean's pre-trial review of the case failed to uncover any conflict with regard
to the watch. Therefore, Dean stipulated as uncontested fact that the Waltham
watch Bob had worn at arrest belonged to the victim. In addition, Sgt. Felton and
Reid McLaughlin both testified during the trial that Bob was wearing the victim's
watch. Certainly, Bob's jury held it against him. Bob testified that he received
the Waltham watch on loan from McLaughlin when his own watch stopped. Bob swore

that he had no idea of the watch's origin, which we feel is very interesting in light
of a June, 1983 discovery!

From 1973-1982, everyone assumed that Felton and McLaughlin spoke the truth
when they said the Waltham watch Bob was wearing at arrest had been stolen from
the victim, Donald Schmidt. Then, in 1982, Virginia Snyder located a police report
which no one had ever seen before. Officer Tauriello was the author of this report
which included a list of items worn by the victim, as given by his widow. The
report listed the victim's watch brand as a TIMEX!

On June 19, 1983, Virginia Snyder spoke to the victim's family in the hope of
resolving the watch conflict. The family confirmed: "It was very definitely a Tim-

pie Z They added, "At that time, they had really questioned her on this watch
eal.

This proves that the watch Bob was wearing when arrested was not the victim's
watch. This is important for many reasons. Credibility is one: Bob's credibility
goes up, while both Felton and McLaughlin lose credibility, since they committed
perjury regarding the watch. It also appears quite probable that the police had to
have known of the watch brand. Therefore, Sgt. Felton not only committed perjury,
but even worse, the police calculatedly manufactured inculpatory evidence--and
apparently altered their reports accordingly! There's no telling what else the police

tampered with and/or lied about. Clearly, once again this reveals that Bob did not
receive a fair trial.

12) McLaughlin's many versions of the crime:
a) At the trial, McLaughlin said it was Bob and he who killed Schmidt.

b) William Meisenholder was told in 1973 by McLaughlin while at the jail, that he
(McLaughlin) was not present when Schmidt was murdered.

c) Robert Sheley was told in 1973 by McLaughlin while at the jail, that he had set

up Bob Sullivan, and bragged how he duped Bob into using the victim's credit
card.

d) Kenneth Francis was told in 1974 by McLaughlin at the Lake Butler Prison that
he had set up Sullivan, and named his partners as Barden and Jackson.

e) Roy Bissonette and Jimmy Lee Smith were both told by McLaughlin together in
1974 at the Sumter Prison that Jackson had shot Schmidt twice and that Barden

was involved. Additionally, McLaughlin named the person who ordered it as
Roger Spear!

We cannot tell you absolutely that so and so did this and so and so did that -- and
we won't! Nevertheless, all of the documentable evidence and/or witnesses herein clearly
support Bob's innocence. Right now, we still must deal in speculation even though edu-
cated guesses are surely possible. However, courts do not rule on what might be or
what appears to be; but rather, courts must rely on facts alone.

V__ CONCLUSION

at we've presented all the known facts in a clear manner. If we have not, please send
us any questions that may still linger and they will be answered to the best of our ability.

As you can see, there are still many unanswered questions, but precious little ~
to find the answers. Bob's Appeal of Last Resort on these same appeal issues will be
filed with the U.S. Supreme Court during August, 1983. We must prepare pst es
we can afford, in case the worst possible scenario does in fact aigad soon . erea: se
Literally, we are in a race against time trying to save Bob's life! The only ~~ °
search for these answers is through costly investigation. Simply stated, won't you p sao
consider helping us through a contribution so that we can bring this case to a success re
close, to see Bob Sullivan a free man. He is innocent and we need your help if we os :
prove it. Thank you so much for your consideration. Contributions should be sent to
the address below:

Robert Austin Sullivan

Legal Defense Fund

c/o Ralph Jacobs

53 Leicester Road

Belmont, Massachusetts 02178

IV POST-TRIAL INVESTIGATION

1 The distance to drive from Keith's lounge in Hallendale to the Howard Johnson's unit
in Homestead is approximately 40 miles one way, or 80 miles round trip.

3. It is a fact that the Homestead HOJO closed at 10:30 p.m. on April 8, 1973.

Collette Rush, a waitress at the HOJO, testified that she left the restaurant at 11:30
p.m. on April 8, 1973, leaving Donald Schmidt alone in the office.

By citing all the times that Bob's alibi witnesses place him at Keith's, there is abso-
lutely no way that Bob could have participated in either robbery or murder. First; we'll
list the version Bob has consistently maintained describing his movements on the night of
the crime, April 8-9, 1973. These are well documented in Bob's letters to lawyers dated
before trial, spanning June 12, 1973 to October 25, 1973. Bob has said that he arrived
alone at Keith's lounge at approximately 11:30 p.m. on April 8, 1973. Bob maintains that
he remained at Keith's all that evening until closing at 4:00 a.m. Bob has said that he
encountered five persons who he knew by name between 11:30 p.m.-12:15 a.m. Two were
bartenders (Peter Tighe and Michael Carmack) and three were patrons (William Harlow,

Robert Porter, and Thomas Murphy). After talking with Harlow and Porter for brief
periods, between arrival and showtime, Bob bumped into Tom Murphy. They agreed to
get a table together to view the show. Shortly after the show began, Bob received a
note delivered by the waiter from Mike Carmack. Bob went to talk to Mike for 20-30
minutes after which he returned to the table with Murphy. Bob stayed with Murphy until
closing at 4:00 a.m.

Listed below by name will be the recollections of the three alibi witnesses tracing the
movements of Bob Sullivan on the evening of April 8-9, 1973.

1. Michael Carmack

our. ;

Zs Peter Tighe

"I'm positive he was there that night around 11:30 p.m."
"Mr. Sullivan went over to the show bar and he sat. Mr. Sullivan stayed there
during the show. The show ended about 2:00 a.m. in the morning. Mr. Sullivan
did come over at the side of this bar on the side where Michael Carmack was work-
ing."
"IT recollect that he was there at closing time."
3. William Harlow

"I arrived at Keith's with my friends around 11:20 p.m."

"April 8, 1973, was my 18th birthday."

"Bob was not there when I arrived."

"I saw Bob arrive between 11:30-12:00."

When asked what other times Harlow saw Bob Sullivan that night, his answers
were:

"During the show at the bar talking to Michael."

"I saw him numerous times during the show but not always with Michael, also
sitting down."
iit Pig Bob after the show between 2-2:30 at the front bar talking to Peter and

ichael."

We now possess a triple alibi. It is our hope that Porter and/or Connors can ex-

pand upon it. Murphy's cooperation must reluctantly be viewed as a long shot, even
though both Harlow and Tighe have placed Bob and Murphy together on the night in
question.

Was there a set-up? We know that Donald Schmidt was murdered. We are convinced
that Bob Sullivan was not involved in the Schmidt murder, however we cannot tell
you who was....yet. The way Barden steered the police to Bob without any justi-
fication, plus the anonymous calls alerting the police as to where Sullivan would be
located before there was any reason to consider a suspect certainly looks like he was
set up.. But who did it? Who was/were McLaughlin's co-conspirator(s)? Barden
certainly must top the list. Among Howard Johnson employees, Gazzel cannot be
discounted. Was Brill correct that Spear was behind it? How deeply involved was
Jackson, and why was he murdered when Bob's lawyer intended to question him?
Was there a person named Tom who picked up McLaughlin and Jackson on the even-
ing of April 8th, 1973, and was he also involved? Was Luchek involved or was that
merely designed to throw Bob off the track? As you can see we've got a lot of
possibilities, but not a good deal of hard proof.

Did Spear have sufficient motive to set Bob up? Roger Spear has been under inves-
tigation in at least two states for a number of crimes, including murder. David Brill
knew that Spear probably wanted Bob Sullivan silenced, since he knew that Bob had
gained knowledge of several of his (Spear's) criminal acts. Bob had become ac-
quainted with Spear due to similar social circles and interests.
appears to be to eliminate any person who may be a threat to him. (Also see Ap-
pendix F, letter by Virginia Snyder.)

Spear's pattern .

10)

Frank Barden. New details about Frank Barden show that he lied from the first day
of the investigation. What's more, he has made a series of disappearances. This
may not connect him with the Schmidt killing, but we believe it raises some very
serious questions.

(A) On the night Barden reported the crime to Officer Tauriello of the Home-
stead police, he gave a home address that never existed.

(C) Barden had no recorded violations during his probation from September
1973 through April 1975 -- 19 months. Things changed radically thereafter.

(1) Barden's last monthly probation report was made during March 1975.

(2) On April 3, 1975, the victim's widow, Rose Schmidt, filed her lawsuit
in federal court.

(3) On April 18, 1975, Barden's probation supervisor, a Mr. Norris,
contacted Barden after discovering that Barden had moved from his authorized
residence without approval.

(4) On April 24, 1975, Barden quit his authorized job, thus severing the
last means of contact by Mr. Norris to him.

(5) Because Barden's whereabouts were unknown, an arrest warrant for
probation violations was issued on August 8, 1975. He was arrested nine days
later, on August 17, 1975.

Incidentally, 49 minutes would be sufficient time to drive from Howard Johnson's to -

the murder scene and to return to Howard Johnson's.

On June 19, 1983, Virginia Snyder spoke to the victim's family in the hope of
resolving the watch conflict. The family confirmed: "It was very definitely a Tim-
ex." They added, "At that time, they had really questioned her on this watch
deal."

12) McLaughlin's many versions of the crime:
a) At the trial, McLaughlin said it was Bob and he who killed Schmidt.

b) William Meisenholder was told in 1973 by McLaughlin while at the jail, that he
(McLaughlin) was not present when Schmidt was murdered.

c) Robert Sheley was told in 1973 by McLaughlin while at the jail, that he had set
up Bob Sullivan,.and bragged how he duped Bob into using the victim's credit
card.

d) Kenneth Francis was told in 1974 by McLaughlin at the Lake Butler Prison that
he had set up Sullivan, and named his partners as Barden and Jackson.

Before Bob's trial and later, when he himself was in prison, McLaughlin consistently
boasted how he cleverly set up Bob Sullivan for a crime Bob did not commit. In addi-
tion, McLaughlin made other statements we can now confirm. In 1974, McLaughlin claimed
that a close associate of the man who planned Bob's set-up (McLaughlin identified him as
Roger Spear) had fixed it with the prosecutor so that he -- McLaughlin -- would be
paroled to Massachusetts no later than 1981. Parole records show that McLaughlin was
released on March 17, 1981, and transferred to Massachusetts for parole in May 1981. We
also learned that a very close associate of Spear's attended law school with one of Bob's
prosecutors. Is that a coincidence? So, we are left with a variety of stories by McLaugh-
lin. We cannot tell you absolutely that so and so did this and so and so did that -- and
we won't! Nevertheless, all of the documentable evidence and/or witnesses herein clearly
support Bob's innocence. Right now, we still must deal in speculation even though edu-
cated guesses are surely possible. However, courts do not rule on what might be or
what appears to be; but rather, courts must rely on facts alone.

V__CONCLUSION

You have now reviewed this entire complex case, that seems more like an Agatha
Christie whodonit than anything else. But unlike a mystery novel, we cannot yet write
the final chapter. Alfred Hitchcock would be proud of such a script. Unless we can
complete the final chapter, the State of Florida will execute an innocent man. We hope
that we've presented all the known facts in a clear manner. If we have not, please send
us any questions that may still linger and they will be answered to the best of our ability.

As you can see, there are still many unanswered questions, but precious little time
to find the answers. Bob's Appeal of Last Resort on these same appeal issues will be
filed with the U.S. Supreme Court during August, 1983. We must prepare now whatever
we can afford, in case the worst possible scenario does in fact occur soon thereafter.
Literally, we are in a race against time trying to save Bob's life! The only way to
search for these answers is through costly investigation. Simply stated, won't you please
consider helping us through a contribution so that we can bring this case to a successful
close, to see Bob Sullivan a free man. He is innocent and we need your help if we are to
prove it. Thank you so much for your consideration. Contributions should be sent to
the address below:

Robert Austin Sullivan

Legal Defense Fund

c/o Ralph Jacobs

53 Leicester Road

Belmont, Massachusetts 02178

APPENDIX A

(A)
(B)
(C)

LEGAL HISTORY OF THE CASE OF ROBERT A. SULLIVAN

April 8th/9th 1973 Date of crime which occured in Dade County Florida
April 17th 1973 Date of arrest of Sullivan
November 2nd-8th Period of the Trial

(1) November 2nd Pre-trial conference

(2) November 5th/6th Jury selection

(3) November 6th, 7th, 8th Actual trial

(4) November 8th Jury returns guilty verdict
(5) November 12th Sentenced to die

(6) November 14th Arrived at Death Row

1974 to present:

Appeal process in State and Federal Courts
(1) November 27th 1974 Florida Supreme Court (FSC)
Justice Dekle wrote the 4 to 2 ruling against Sullivan.
Justices Boyd and Ervin dissented.

(2) July 6th 1976 U. S. Supreme Court (USSC) Certiorari
denied. Justices Brennan and Marshall dissented, urging
hearing Sullivan's appeal.

(3) December Ist 1976 3.800 B Motion, State Circuit Court (SCC)
Judge Cowart, the trial judge, denied the motion.

(4) Clemency Process:
(a) March 29th 1977 First hearing before Governor Askew
(b) May 17th 1979 Second hearing before Governor Graham
(c) June 19th 1979 Governor Graham signed Sullivan's death

warrant, schedulling execution for June 27th 1979.

(5) 3.850 State Post-Conviction Motion
March 15th 1979 Filed
May 1st 1979 Denied by Judge Gable [See appendix B]

(6) Florida Supreme Court (FSC)

May 25th 1979 Filed appeal of Judge Gable's decision

(7) Federal District Court (FDC)

June 25th 1979 Judge Jose Gonzalez granted a Stay of
Execution. However, on June 4th 1981 Gonzalez
denied the appeal by accepting Magistrate Kyle's
recommendation to reject all dozen appeal issues.

(8) Federal Court of Appeals, 11th Circuit (FCA)
August 30th 1982 A three-judge panel heard oral arguments
for appeal.
January 17th 1983 The panel rejected the entire appeal
3 to 0.
May 18th 1983 The petition for re-hearing was denied.
(9) U. S. Supreme Court Bob's Writ of Certiorari must be filed
by August 15th 1983.

Roy E. Brack MiamtI1, FLORIDA 33131
Jacx M. Denaro

Law OFFICE OF
Brack & DENARO P.A.
Surre 1402
NorTHEAST AIRLINES BUILDING
150 S. E. 2np Ave.

Area Gove 305

TELEPHONE
371-6421

June 29, 1979

"The judictal process has evolved over the centuries. It
ts calculated to be a deliberative process. Courts must
have suffictent time to consider matters timely presented.
Absent evidence that Sullivan has abused the judicial pro-
cess, thts court should accord his appeal the same deltber-
ative review to which all litigants are constitutionally
entitled. In our opinion, a stay should be granted to per-
mit the degree of orderly and thorough consideration that
would otherwise have been afforded in this case had a death
warrant not been stgned at the time that tt was."

Dear Friends:

The above quotation is the conclusion of Chief Justice Arthur Ena-
land's dissenting opinion to the denial of my motion to stay Bob's execution
by the Florida Supreme Court, written at 10:45 p.m. on Friday, June 22nd --
four days before Bob's scheduled execution.

Miraculously, those words were expressly adopted by United States
District Judge Jose A. Gonzalez when he halted Bob's execution 38 hours be-
fore the grisly event was to occur. Without your support, we may not have
had sufficient resources to get before Judge Gonzalez. I am writing you to
describe our tortuous path to Judge Gonzalez' courtroom, and to ask for your
continued support.

I immediately began preparing a motion to vacate Bob's conviction
and sentence of death. When this motion was filed, on March 15, 1979, it was
56 legal-size pages in length and had hundreds of pages of exhibits. Our Tim-
ited funds do not permit me to send each of you a copy, much as I would like
to.

We have set out at length our grievances over Bob's prior Tegal
representation and lack of investigation, which resulted in his unjust con-
viction. The motion came before Judge Cowart of the Dade County Circuit
Court. I filed a motion asking him to disqualify himself because of preju-
dicial statements he had made about Bob, and he agreed to withdraw.

Naturally, without Bob's testimony, the judge denied our motion; we
had not even been given a chance to prove our case!

I immediately appealed to the Florida Supreme Court, and our appeal
was docketed on May 25th. In the meantime, the Governor ordered a new clemen-
cy hearing for Bob. I submitted over 200 letters, affidavits, and documents
to the Governor, which all of you contributed to, in support of our appeal for
clemency. While I can not send each of you a copy of our presentation (it is
several hundred pages long), I have attached a few pages which tell a lot about
Bob. I'll just let you read them.

APPENDIX B

- ~
<

€ *
partic e in a well-organized letter writing campaign, the
purpose of which would be intended to try to save Bob's life.
Timing would be important. Should this need arise, we will send

you a special newsletter which will contain all the necessary
details.

Due to the 11th Circuit panel ruling against Bob, the need
for more investigation is great. There are more than a dozen
prospective witnesses, for example, whom we need to locate.
Should the worst possible scenario in fact occur, Bob could
exhaust his appeals in October. When all first round appeals
have been exhausted, a person is a ripe candidate for a death
warrant.

For those among you who have been with RASLDF from its
creation, you should know that we have made real advances using
investigation. Obviously, what has been presented to the courts
has not yet been enough to win. In a nutshell, that's why we
must search for more material and witnesses. It is not a blind
search, since we have people who we want to contact. Finding
them has been our problem. Many of you have seen the 18 page
RASLDF Case Report. We are now preparing an updated Case Report
for its second printing. Copies will be available upon request
soon. We do ask that you send us a legal size SASE with 37¢
postage along with any request for the Case Report.

Periodically, we try to objectively review the strengths
and weaknesses of Bob's defense, and also how well we have com-
municated that information to you, our supporters. We are
constantly trying to make improvements. It is our belief that
Bob's alibi is our greatest strength. For that reason, at
this time we'd like to demonstrate to you through the witnesses'
own words that it would have been impossible for Bob Sullivan
to have participated in ANY way in the robbery-abduction murder
of Donald Schmidt. To complement the words of the alibi wit-
nesses, we have assimilated all of the useful facts into a chart
which will appear at the end of the newsletter.

Prior to quoting the alibi witnesses, we'd like to list
all the known times that are significant in reviewing what
actually transpired on the evening of April 8 - 9, 1973. The
following facts are beyond dispute because they all came from
testimony of State witnesses or from police reports.

1. The distance to drive from Keith's lounge in Hallendale
to the Howard Johnson's unit in Homestead is approx-
imately 40 miles one way, or 80 miles round trip.

2. Every Sunday evening at Keith's lounge, including
April 8 - 9, 1973, the feature is a Midnight Show.
There is only one show, which lasts about 90 minutes
and usually runs from approximately 12:30 AM to
2:00 AM,

3. It is a fact that the Homestead HOJO closed at 10:30
PM On April 8, 1973.

4. Collette Rush, a waitress at the HOJO, testified that
she left the restaurant at 11:30 PM on April 8, 1973,
leaving. Donald Schmidt alone in the office.

5. The records of the Homestead police department reflect
that a call was received at 12:49 AM on April 9, 1973,
asking for police to investigate the disappearance of
Donald Schmidt and the restaurant receipts. The caller
identified himself as Frank Barden, the manager of
the restaurant.

6. Based upon Collette Rush's departure and Frank Barden's
call to the police, we know the robbery phase of the
crime HAD to occur between 11:30 PM on April 8, and
12:49 AM on April 9, 1973. It is a span of 79 minutes.
Barden testified that he returned to the restaurant
at midnight, which would reduce the robbery phase to
less than 30 minutes, 11:30 PM to 12:00 AM.

w
ae ‘ ?

For the benefit of this comparison, we will vi l\l of
the above times as constants. In order to drive the rvund
trip from Keith's lounge to the Homestead Howard Johnson's,
a distance of nearly 380 driving miles, commit a robbery and
a murder, we believe the absolute minimum amount of time
expended would be 90 - 100 minutes, and more likely closer
to two hours. The only testimony regarding the abduction-
murder phase of the crime came from Reid McLaughlin, who
estimated the murder occurred between 1:00 — 2:00 AM on
April 9, 1973. Incidentally, according to McLaughlin, the
robbery phase occurred between 11:35 - 11:45 PM on April
By 2973%

By citing all the times that Bob's alibi witnesses place
him at Keith's, there is absolutely no way that Bob could have
participated in either robbery or murder. First, we'll list
the version Bob has consistently maintained describing his
movements on the night of the crime, April 8 - 9, 1973. These
are well documented in Bob's letters to lawyers dated before
trial, spanning June 12, 1973 to October 25, 1973. Bob has
said that he arrived alone at Keith's lounge at approximately
11:30 PM on April 8, 1973. Bob maintains that he remained at
Keith's all that evening until closing at 4:00 AM. Bob has said
that he encountered five persons who he knew by name between
11:30 PM - 12:15 AM. Two were bartenders (Peter Tighe and
Michael Carmack) and three were patrons (William Harlow, Robert
Porter, and Thomas Murphy). After talking with Harlow and
Porter for brief periods, between arrival and showtime, Bob
bumped into Tom Murphy. They agreed to get a table together
to view the show. Shortly after the show began, Bob received
a note delivered by the waiter from Mike Carmack. Bob went
to talk to Mike for 20 - 30 minutes after which he returned to
the table with Murphy. Bob stayed with Murphy until closing
at 4:00 AN.

The strongest type of alibi would be a continuous one. For
that reason, Thomas Murphy would be the best potential alibi
witness, due to his alibi duration covering nearly four crucial
hours. Unfortunately, Murphy has repeatedly refused to so much
as talk to anyone about it. Amongthe people to whom Murphy has
declined to talk for reasons that are unknown to us are Tim
Dwyer Of the Boston Globe, Father Robert Boyle, and Virginia
Snyder as well as her associate, Wayne Campbell. Due to the
significance of Murphy's testimony we cannot afford to give up
on him.

This leaves us with four potential named alibi witnesses.
We are very pleased to report to you that we have finally
located all of these prospective witnesses and each of these
four persons is cooperating with us. Both Carmack and Porter
were exceptionally hard to track down. Porter was the last
person to be found in March, 1983; he was living in Hawaii.
At the time this newsletter had to go to press in April, we had
not yet interviewed Porter with respect to the alibi. Based
upon Porter's correspondence, we can say that he is cooperative,
recalls the night in question, and has furnished us with the
name of his companion that night, Wayne Connors. In our next
RASLDF newsletter following the raffle, we hope to be able to
fully update this highly encouraging development.

For Our purposes here, we can only rely upon three alibi
witnesses: Harlow, Tighe, and Carmack. Nevertheless, we are
confident these three people provide Bob with an air tight
alibi for both phases of the crime, robbery and murder. All
the quotes made by either Tighe or Harlow came directly from
the March, 1980, federal evidentiary hearing transcript,
made under oath before U.S. Magistrate Patricia Kyle. The
only opportunity to present any NEW witnesses, such as Carmack,
would be at another evidentiary hearing. Appeal courts such
as the 11th Circuit or the U.S. Supreme Court do not accept
testimony by witnesses. Virginia Snyder did not locate Carmack

ROBEF 5STIN SULLIVAN e - RASLDF

Legal ense Fund c/o Ralph Jacobs, Director
RASLDF Newsletter 53 Leicester Road

May, 1983 Belmont, MA 02178

Phone: 617-479-6441 (nights)

The last RASLDF newsletter mailing occurred in November,
1982. During the intervening six months, there have been
two important developments, each of which we'll focus on in
this newsletter. The legal news is bad; however, there has
been an encouraging investigative discovery. Robert Porter,
a potential alibi witness, has been located. Accompanying
this newsletter, we will also include our 1983 raffle packet
for your consideration and we hope participation.

Our worst fears became a grim reality on January 17, 1983,
coincidently the sixth anniversary of Gary Gilmore's execution-
suicide. On January 17th, Bob Sullivan's panel of 11th Circuit
Federal Court of Appeal judges voted 3 to 0 to totally affirm
Bob's entire appeal. The panel's opinion was written by Judge
Fay, with concurring votes by Judges Roney and Tjoflat. All
of us were emotionally crushed by this very disheartening
ruling.

We have appealed! On or about February 28, 1983, Bob's
volunteer attorney, Roy Black, filed a timely petition for
re-hearing before the entire 11th Circuit. Such a full court
review would be heard by eleven judges, instead of only three.
Due to the length of time the petition has been pending, we
are cautiously hopeful that a full court re-hearing could be
granted.

Everyone affiliated with RASLDF was left shocked by the
manner in which Bob's panel disposed of his appeal. Among
all of the appeal issues that were briefed by Roy Black to the
court, Only one issue was ruled upon on its legal merit. The
panel held that Bob did receive effective assistance of counsel
by his court-appointed trial attorney, Denis Dean. Bob's best
issue, the misleading reference to passing a polygraph test
made by Reid McLaughlin, who actually had failed four of seven
questions, was rejected by the panel, which concluded that it
was not a federal constitutional issue. And by retroactively
applying a ruling made by the U.S. Supreme Court in 1977,
called Wainwright v. Sykes, the panel determined that all other
points of appeal had been waived. The interpretation of Sykes
is that any appeal issue that was not raised on the first or
direct appeal to the Florida Supreme Court is deemed waived or
forfeited.

Roy Black had noticed and presented on appeal for Bob
several issues that Denis Dean had not raised. Based upon
the panel's enforcement of Sykes, Bob will not be heard on
the issues omitted by Dean. Therefore, Bob lost BOTH ways,
which we do not feel is just or fair. If Bob cannot be heard
on the issues, then he should win on the ineffective counsel
claim. We all hope and pray that this gross injustice will
be remedied through a full court re-hearing administered by
the llth Circuit.

One of the long standing arguments against the death
penalty has been the question of its arbitrary infliction.
Bob's appeal is a good example of arbitrary reviewing practices
by appellate courts. For example, the Florida Supreme Court
has reduced countless death sentences to life in which the
comparison between the aggravating and mitigating circum-
stances reflect a much worse balance than that which exists
in Bob's case. Nevertheless, the Florida Supreme Court has
declined to reconsider its 1974 ruling against Bob.

- l-

iS
~~." * —

In addition, arbitrariness from one judge to tl xt
is well documented. If an appellant draws a conservative
judge(s), his chances of relief are reduced. Bob's 11th
Circuit panel was composed of the two most conservative
judges on the entire court. Quoting one of Bob's letters:
"It is not the law that necessarily governs a decision as
much as which judge(s) interpret or apply the law in a given
case." Had Bob drawn a more liberal panel, it is highly
unlikely that Bob's appeal would have lost in the 11th Circuit.
The luck of the draw was a killer.

Nonetheless, we are not about to give up! We are still
hopeful that we'll be granted a full court re-hearing. Other
judges might apply the law differently. In reality, the best
evidence of Denis Dean's incompetence is right there before
their eyes, the simple fact that Dean had neglected to raise
all the procedural trial defects of real substance in Bob's
first appeal brief in 1974.

If the full 11th Circuit declines to re-hear Bob's appeal,
the next step would be to petition the U.S. Supreme Court for
review. We would have 90 days to file that petition, which is
called a writ of certiorari. That petition would be Bob's
appeal of LAST resort on those same issues. The swiftest such
a petition could be acted on would be October, 1983, when the
U.S. Supreme Court's fall term starts.

Of course, should the full 11th Circuit consent to re-hear
Bob's appeal, that step would add a minimum of four to six
months onto the worst possible scenario time-table. It is
absolutely clear to everyone affiliated with RASLDF that time
is working against us and that we can no longer count on winning
with the appeal points now being litigated. However, since
these issues began in 1980, we have not been standing still
resting on our laurels. We have constantly strived to press
the investigation forward, the results of which we have detailed
in our newsletters.

The only legal recourse remaining should Bob's appeal
exhaust all steps on Round One, would be to assemble everything
NEW that has been uncovered since 1980 and start the appeal
process over again. You should know though, that obtaining a
Second Round stay of execution is extremely difficult. The
NEWLY discovered evidence must be very convincing to earn a
stay.

The continuing objective of RASLDF using investigation
will be to search for additional tangible exculpatory material
including witnesses. Such discoveries could provide Bob's
layyer(s) with more effective legal ammunition that we can
volley toward the court(s) in support of the appeal. We
are definitely in a race against TIME in our search for NEW
material of substance which could be used in Round Two, if
needed.

There might be another possible avenue of relief, should
the legal efforts all fail to produce a victory of some sort.
We intend to try again to convince Governor Graham that Bob
is deserving of Executive Clemency. In fact, we have already
begun to lay the foundation for such an effort. We know this
will not be easy because Governor Graham signed a death warrant
against Bob in June, 1979.

We have started to explore the possibility of bringing
religious and/or political pressures onto Governor Graham
in Bob's behalf. We probably will ask for the support from
among all U.S. Catholic Bishops. There are several other
options under serious consideration as well. At some point
in the future, and perhaps on sudden notice, we may ask you to

Ne ae

1983 RASLDF Raffle

The fourth annual RASLDF raffle was a moderate success. Gross receipts
topped $2,500. Drawn on June 30th, the winners were:

A) GRAND PRIZE -------------- Richard Carr

Ft. Lauderdale, Florida
B) SECOND PRIZE-------------- George Roderick

Edison, New Jersey
C) LOBSTER PRIZES - - ----------- Gary Yacubian

Belmont, Massachusetts
and

Herbert Keleher
Norwood, Massachusetts

We would like to thank each of the approximately 200 persons who contributed
to the raffle drive. Your support is sincerely appreciated and was badly
needed. Due to time limitations and cost, we do not acknowledge each contrib-
ution to RASLDF. We assume that the cancelled check will be a sufficient
receipt. However, if anyone wants/needs a receipt, please let us know in the
future. We feel the best investment of our free time is to help Bob in direct
ways rather than trying to answer every incoming letter or donation. Thank you
for your understanding.

Bob's Current Appeal Status

On May 17, 1983, the U.S. 11th Circuit denied Bob's re-hearing petition.
We had hoped the full court might reconsider the case. At the same time,
the 11th Circuit lifted Bob's Stay of Execution which left Bob very vulnerable
to a second death warrant. Such action left Bob without any assurance that he
would be able to pursue further remedies to the USSC in an orderly fashion.
We re-filed with the 11th Circuit and as a result they granted Bob a Stay of
Execution to remain in effect while we petition to the USSC through a writ
of certiorari. The month or so while Bob was without a Stay was a very anxious
period for us all, and especially for Bob. But he hung tough, as always.

So that you will know, a writ of certiorari is the lezal term which describes
the appeal petition one files with the USSC asking it to fully review a certain
issue or issues. The USSC will be Bob's LAST appeal on these issues as they
are presently structured. Bob's writ was scheduled to have been filed on August
15, 1983.

The USSC's summerlong recess lasts until October 3, 1983. We are now in
a mad rush trying to re-group legally in order to be fully prepared for any
eventuality after October 3rd. We expect the USSC to do one of the following:

A) agree to review one of Bob's appeal issues

B) reject the entire petition outright

C) hold Bob's petition aside until ruling on one or more other cases
which present issues similar to Bob's, and afterward apply that
ruling to Bob's facts ;

D) remand the case back to the 11th Circuit to be reconsidered according
to whatever special instructions the USSC deems appropriate.

Because the USSC agrees to review so few cases each year, the odds are
against Bob's case grabbing their attention. Based upon the Barefoot, Barclay,
and Stephens rulings, the USSC seems quite hostile toward capital appeals.
There does not appear to be a whole lot of justification on our part to pin

|
our hopes on relief from the USSC. |

If our assumption is correct, that does not leave us with a whole lot
of relief options open to us. We'll work hard on whatever does exist though.
We can hope that all the newly discovered evidence combined with support from
other sources might influence Governor Graham to commute Bob's sentence from
death to life via Executive Clemency. We are aggressively pursuing this
possibility at this time. If we desire any type of letter-writing campaign
to Governor Graham, we will send you a special newsletter with all the details.
Please do NOT send any letters at this time.

Should Bob's petiton be rejected by the USSC, other than Clemency, the
only avenue for relief will be through a second round of appeals. We'd
assemble whatever we've got that is new and formulate it into the strongest
issues and fly out of the hangar on a wing and a prayer. This is why it is
so absolutely imperative that we fund investigation NOW in order to have the
material documented so that we can present it all to the courts in round’ two.

Re-group Legally

If a second round of appeals is necessary, as now appears probable, it
will be very important for us to make all strategic decisions soon. Several
options are in fact now under serious consideration in that area. We have
established September lst as our decision making deadline. Once we have est-
ablished the gameplan, we shall try to implement it to the very best of our
abilities. First we must define the issues we'll appeal and then apply what-
ever new investigation we can afford in order to strengthen the points into
their best legal shape before we need to file the first appeal. We are
hoping for a miracle or two or three so that we'll have sufficient new monies
for all the work that needs to be done in our final big push. Please, do not
let Bob down now!

WE NEED YOUR HELP NOW

Our big push will be quite costly. Because the raffle monies have mostly
already been channeled into investigation, we must ask you again to dig a little
deeper. We don't like to keep begging for money, but we don't have a choice.

There are NO other sources of funds. The amount of work that we can afford

will be dependent upon you. We cannot put it any more clearly than that. If you
can help us again, won't you PLEASE do so now or else it could be too late. Unless
we can secure a legal victory somewhere, Bob will be executed, possibly as soon

as November, 1983.

That does not give us much time. We desperately need your help now and
believe us, your consideration is deeply appreciated, especially by Bob. I
Suppose that I could go on and on, but if you don't get the picture by now,

I doubt if I could find the words to reach you. We've tried to clearly express
all the facts to you in a nutshell so that you can carefully consider them.
Please try to grasp the seriousness of the predicament that Bob faces. We

are his only champions.

We sincerely hope that you'll help us to prevent Bob's execution.
Thank you,

Ralph Jacobs, Director
RASLDF
53 Leicester Road

i cae |

The Case of

te ae

Oi.

Sullivan Wins Stay of Execution

By FRED GRIMM
Herald Siatf Writer

One of two Death Row inmates
scheduled to die in the electric chair
Wednesday won a stay of execution
Monday. The other condemned kill-
er will learn today if he is as lucky.

Robert A. Sullivan, 31, who had

“been scheduled to die at 7 a.m.

Wednesday, was granted an indefi-
nite stay when a federal judge in
Fort Lauderdale intervened to give
him another opportunity to appeal
his 1973 murder conviction.

A federal judge in Jacksonville
heard three hours of testimony in
the request for a stay by Charles W.
Proffitt, 33, who was scheduled to
follow Sullivan to the electric chair,
then put off his decision until today.

U.S. DISTRICT JUDGE Jose
Gonzalez of Fort Lauderdale gave
Sullivan's attorney, Roy Black, an
indefinite time. to exhaust his ap-
peals.

On Friday, four, days after Gov.
Bob Graham signed Sullivan's death
warrant, the Florida Supreme Court
turned down a similar appeal by a
4-3 vote after an expedited hearing.

Gonzalez sided with the three
dissenting menfgers of that seven-
judge panel, saying Sullivan's ap-
peal had been unfairly hurried.

Gonzalez said ,he, in fact, was
adopting the language of Chief
Florida Supreme Court Justice Ar-
thur England, who wrote a strong

ssenting opinion.

SAID ENGLAND: “A stay should

be granted to permit the degree of
orderly and thorough consideration
that would otherwise have been af-
forded in this case had a death war-
rant not been signed at the time
that It was.”

Black, who last year volunteered
to handle the Death Row inmate's
appeals, complained that Florida
law made last-ditch legal efforts

overwhelming.

“Any other state gives you 30
duys after the death warrant is
signed,” he sald. “Some give you
100.

“In Florida, they give you a
week. I've been working 24 hours a
day since last Tuesday (when Gra-

Turn to Page 5A Col. 2

U. S. Judge lo Rule
On Proffiu Appeal for Stay_

DS) Fi.JM PAGE 1A

ham signed the death warrant). I s
totally unfair.”

IN JACKSONVILLE, U.S. Dis-
trict Judge W. Terrell Hodges de-
cided he had to read the record of
ProffittUs trial before deciding on
the merit’s of defense attorney Ka-
thryn Emmett's petition. He prom-
ised a decision by this afternoon “at
the latest.”

Minute’ earher, the Florida Su-
‘preme Céurt again rejected a pet-
tlon for a stay from Proffitt's attor-
neys. ‘

Emmett argued’ before Hodges
that Proffitt was inadequately rep-
resented by his trial counsel during
his one-day trial at Tampa in 1975,
and there were enough other irreg-
ularities to wurrunt a writ of habe-
as corpus. But Assistant: Attorney
General Charles) Corces | insisted
Proffitt had uw “reasonable and ef-
fective counsel," whom bkimmett
was attempting to second guess aud
“nit pick.”

Proffitt Is a former circus roust-
about. He was convicted of the
stabbing death of high school wres-
tling coach Joe Medgebow during a
1973 Tampa burglary.

BLACK SAID Sullivan “1s hold-
ing up about as well as you can
under the circumstances.”

Sullivan was charged with the
April 9, 1973 shotgun slaying o!
Donald Schmidt, manager of the
Hioward Johnson's motel in Home
stead. Sullivan, who spent four
years majoring in business at the
University of Miami, was charged
with robbing the motel, driving
Schmidt to an isolated area, hitting
him with a tre tron and shooung

Robert Sullivan

another chanee

homon the bead four Games

He was cansicted that Novem:
ber. A vear later the state Supreme
Court turned down his appeal. Phis
spring, he renewed his appeal this

time claiming
was ineffective

On April

2b,

his original

however,

AULOE Ney

a circusl

Ah. wf 4
Mi aM! Hees 6. Je
Vuesd ay | Joa 26.
147) 9

Poe ;}hA a2 OA Cole 1

Today

“|
judge reyected that tact, calling the
argument “frivolous.” Despite
Black's objections, Sullivan was not
allowed to attend that hearing. |
Bluck ts claiming that the hearing |

was unfulr because his client was |
not allowed to testify. |

ENGLAND WROTE that UBlack's./
arpuments should have been consit- 4
ered. “There can be little dispute
that there is a high probability of ir-
reparable injury which js irremedla-
bie if the stay is not granted,” he
said.

The state could appeal Gonzalez’
ruling, but Attorney General Jim
Smith had no immediate comment.
Smith used Graham's private jet to
fly from city to city last month suc-
cessfully arguing against motions to
block John Spenkelink’s execution
May 25. But an aide hinted Smith
sould notengage ino a cross-coun-
try deyal battle in this case.

noted that

SULLIVAN
transferred last
holding cells less
the Florida State
chamber

In Pallahassee, about
the death penalty marched around
the state sealin the capitol rotunda,
singing We Shall Overcome.

Aides said Gov. Bob Graham,
who sipned the death warrants for
Sullivan and Proffitt, could not heur
the demonstrators as he signed bills
in his nearby office.

AND Proffitt
week to spectal |
than SO feet from
Prison’s execution

were

SO foes of

Miami He col

‘Perfect

By JOE OGLESBY
Merald Glatt Writer
Criminal Court Judge Edward Cowart
Monday sentenced Robert A. Sullivan, 26,
to die, saying the former motel manager
did not show “one scintilla of remorse”
Juring his murder tria!. ‘ ;
Sullivan, a heavy-set man dressed in a
sport jacket and tie. showed no apparent
emotion as Cowart read the sentence.
His attorney, Denis Dean, said he
w Ould appeal.
Cowart said he decided on the death
penalty for Sullivan “independent of, bu

in agreement with,” the advice of the 12-4.

person jury that recommended death after
4 45-minute deliberation Friday.

SULLIVAN and a co-defendant, Reid

tla Mes tee ae ee

commit a Trime which ip bussmund was to

with" Schmidt, taunting him = with

Crime’

5, i“ - Tuesday fas \A

TAWS

McLaughlin. 21, were charged in the death
of Donald Schmidt, manager of Howard
Johnson's, 1090 Homestead Blvd.

Sullivan and = MecLaughtin
schmidt, 34, from the motel, ted him up
with adhesive tape, then robbed and beat
him with a tire tron before shoating him in

on
the back of the head.

Cowart called the murder “especially
heinous, atrocious and cruel .

“The defendant pp pois cateentetbie tL 10
brageadociousiy state that be yagted to

ot
abducted /
stneerttv inom body,
may God have merey

say ith all the

. *
vour soul.

— Judse Rdward
Cowart

he ‘theperfect cryme.’” Cowart said.

—

Cowart said Sulljvan “mentality toved

his

whind whie onthe pround

less position was mortally wounded
four blasts from «a |2-fuaze shotgun
» the Dack of the head

. . , 4
Cowart said he Opserved

5 ‘ again
hind with a tre en. and then again from

in atotar heln-

death before actually shooting him.
SCHMIDF WAS

JWwith his hands tied behind him and as
he stumbled

“ted to a Jonely spot

my darkness struck fram be-

instead, that he
ved of the murder, after reading
bs HewWspaper stores ‘
10 POLICE RECOVERED Schmidt's

stofen credit cards. Sullivan's shotgun and

Gry lear

Sullivan's de- a@orcetoer whee they arrested him on
meanor and aciioes throughout the trial! spre de .
but did nat See “ore gointila of remearse 1 the secend death sentence im
dasplaved. ondicating that the deat Dade Counts since Plorda’s death penalty
penalivers the proper punishment’ wars pestered last summer
“Sullivan. a University of Mirani pradu- Pa Qk tober fudge Paul Baker sen-
ate, bad worked as assistant orange: for tenoed Anthony Sawyer, 22, to die for a dle
* Haiard Jonson i “list for eight quer stare robbers-murder in which Rab-
months last vear ert Cole, 36, was killed
-

In unemotional testimons during

tweedas trial Suliiwan contradicted

his

the A jury recommended life in prison far

Sawyer. The case is now under appeal.

roommate, McLaughin. who said both “Posax wath ail the sinceritv: in my
ere involved in the April So murder-rob- body. mas God have meres on vour soul,
bors Coveart Cola Satlivan

Miami Heed d Monday, Neu 2€
7 . Pa NARA

fi Decade on

Inmate won last-min

2 meme
y

ite repr

SULLIVAN / From 1A
sits squarely
before the cell, making notes at 15-minute
Intervals on Sullivan's state of mind.

“My desire is now and always has been
to live, not to cheat the executioner,” he
wrote during his previous stint on the
deathwatch.

“He has more lives than a cat,” says ex-
Dade prosecutor Ira Dubitsky, who won
the first-degree murder conviction that
landed Sullivan on death row.

But now, after 13 appeals and two pleas
for clemency, and after a decade on death
row — the longest tenure of any prisoner
in the country — Sullivan's captors seem
determined to see that he becomes the first
person since Spenkelink to die in Florida's
electric chair.

Attorney General Jim Smith, who
Scarcely conceals his contempt for the
judges who have enabled Sullivan and
other condemned prisoners to prolong their
Purgatory, says his staff will fly to any
court to block another stay.

“I would be mildly surprised if it [the
execution} did not take place,” Smith sald
recently.

® * w

Two 18-year-old hunters found Donald
chmidt's decomposing body on April 10,

1973, In a marshy field not far from the
Tamiami Trail in West Dade. The dead
man lay face down, submerged to his ears
in the rich muck. Adhesive tape bound his
hands behind his back. In the back of his
head, a shotgun wound wide and deep
enough for a billlard ball exposed the
white of his cerebellum

The right rear pocket of Schmidt's trou-
sers yielded a white handkerchief and a
small black comb. The left rear pocket was
empty, its lining turned out.

But his killer had escaped with more
than a wallet. Schmidt, a 38-year-old fa-
ther of four, had been the assistant manag-
er of the Howard Johnson's restaurant in
Homestead, where at least $2,700 had been
Stolen. Police theorized that he had been
abducted from the restaurant the night of
April 8 as he counted the day's earnings.

The trail that led Metro-Dade homicide
detectives Arthur Felton and Lonnie Law-
rence to Bob Sullivan began with a sheaf
of MasterCharge receipts.

The receipts, purportedly bearing
Schmidt's signature, but dated after his
death, began turning up at stores within
days of the murder. When an informant
suggested that an ex-Howard Johnson's
employe named Robert Sullivan might be
involved, Felton and Lawrence had a hand-
writing expert compare samples of Sulli-
van's writing with the signatures.

All the writing belonged to the same

‘son, the expert told them.

The detectives learned that Sullivan had
\eft Nashua, N.H., a month before, taking
his father’s shotgun and leaving behind an
outstanding warrant for embezzlement. He
and 2}-year-old Reid McLaughlin, a friend
from Boston, had driven to Miami in Sulli-
van’s Cadillac and taken up residence at
the Vagabond Motel on Biscayne Boule-
vard.

a a< wv

Virtyt

x ea ag ’ #
pit rad W3;

yar a
ae a4

Cc
of
a

By BRL
Herald S!
He
white, ¢
son of ¢
product
upbring
Even
WAS COr
gun 5!
nary ar
Mass., |

killer.
Even
judges:
dict an
Sullivan
' the teen
ed their
sandlot
everyon:
“Alw.
ly,” rec.
sessmen
on Rich:

that he
crime of

July 20

bridge, °
van divc
Robert t

campus:
Massac!
ogy.
The 1
mond it

given t
Olent ta:
Sullivan

KEITH GRAHAM / Miami Herald Stet

Robert Sullivan in 1982 photograph at Starke Prison.

Q: Did Mr. Schmidt then fall down into a |

prone position with his face down :nto the

swampy ar
A: Yes, h

ea?
e did.

Q: What did you do at that time?

A: Fired four rounds of the
shotgun into the back of his head

1) wae
dar Pause

Q: For what purpose did you dot»

A: To kil

Sullivan

1 him.
* & *
soon recanted

hic

cfatamant

But police also a confession from
Reid McLaughlin, who agreed to plead
guilty to first-degree murder and testify
against Sullivan in exchange for a ‘state
recommendation that his life be spared,

McLaughlin was prepared to testify that
Sullivan had spent much of the drive from

Nashua to Milam: discussing “perfect
crime” scenarios ond wondering aloud
What it felt like to kill. At the trial, he

recall Sullivan's upparent disap-

returned to the car after

would
porntment as he

ened by
with ex
tard.” |

Rober’

weeks lu

ton subu

its mist:

death sentence has }
alized as the act of >

First, the prisons
overturn the verdict
guing that the jud
legal errors.

If neither the Flori
the U.S. Supreme Co
proceeds tu w secon

condemned man ask:
cused at th

issues not

If the rial court,

lived as”

ase nea Le

Mia rn | Mond ay ) (Vou .

After decade of appeals,

killer agaih faces ‘chair’

By BRIAN DICKERSON
Herald Staff Writer

“Spink was here.”

To Robert Sullivan, the terse memori-
al on his cell wall seemed a bad omen.

Spink was John Spenkelink, the mur-
derer whose electrocution on May 25,
1979, had ended Florida's 15-year mora-
torium on state-sanctioned execution.

When prison guards ushered Sullivan
to Spenkelink’s former cell on the
deathwatch -~ a quarantined holding
area for inmates facing imminent execu-
tion — his hopes for & last-minute re-
prieve sank.

“I did‘considerabie thinking, dwelling
on Spink’s execution,” Sullivan wrote in
a diary he kept while on the death-
watch. “Now I realized what he had en-
dured.

“Thinking of the last hours, of how
I'd. deal with family and friends, tor-
mented me,” Sullivan wrote. “But what
scared me most was the actual pre-exe-
cution preparations: shaving my head
and legs, putting jelly there to increase
the conductivity of the electricity, cram-
ming cotton up my nose, mouth and rec-

- tum to catch the blood. None of these

preparations would be for my benefit,
but rather so that the execution would
appear less gruesome to the witnesses

Robert Sullivan is scheduled to dic
in Florida's electric chair at 7 a.m.
Tuesday, 10 years after a Dade Coun-
ty jury convicted him of murdering a
Homestead restaurant worker. The
Ith U.S. Circuit Court of Appeals in
Atlanta has agreed to hear Sullivan's
Ilth-hour appeal at 9:30 this morn-
ing. é

and the media."

But that was in 1979, and the Jast-
minute reprieve had come after all,
though not before prison officials had
taken his order for a last supper of
steak, Scallops and beer.

Exactly 38 hours and 38 minutes lay
between Sullivan and his execution

oWhen a federal judge halted the grim
countdown. The condemned man was
returned to a regular death-row cell,
there to resume his studies for a degree
in hotel management (Sullivan was un-
doubtedly the only death-row inmate
who subscribed to the Cornel! Universi-
ty Hotel and Restaurant Management
Quarterly), his correspondence with
more than 80 pen pals, and his six-year
campaign to clear himself of the crime
for which the State of Florida continued

Astociated Press

Robert Sullivan: Killed
Homestead restaurateur. |

to seek his death.

Today, Robert Austin Sullivan again
waits 25 feet from the electric chair in
which he is scheduled to die Tuesday.

He has rediscovered the special privi-
leges and deprivations of the death-
watch. There is television, and a shower
each night ipstead of every other. And
there is ‘loneliness: quarantined from
other inmates, Sullivan shares his vigil
with a single prison guard. The guard

lease turn [o SULLIVAN / 12A

CAST OF CHARACTERS

Donald Schmidt
Rose Schmidt
Stephen Mechanic
Raymond Windsor
Denis Dean

Roy E. Black
Virginia Snyder

Ira Dubitsky
George Yoss

Edward Cowart
Jose Gonzalez
Patricia Kyle

Reid McLaughlin
Frank Barden
Gilbert Jackson
Roger Spear

Frank Cashman
Charles Gazzel
John Luchek

Tom ‘?

Officer Tauriello
Officer Willock

Sgt. Arthur Felton
Det.

Det. Jones

Det. Aquirrre
Det. Ron Shuk
Dr. Lee. Beamer
James Haralambie
Joseph Pineda
William Jenner

Lonnie Lawrence

Murder Victim

Victim's Wife

Public Defender representing Bob, Aprtl/June 1973
Bob's attorney June - September 1973

Bob's attorney until 1977

Bob's attorney, 1978 to present

Private investigator retained by Roy Black for Bob

Trial prosecutors

Trial Judge
Federal District Judge
U. S. Magistrate

Possible Suspects

—

seas

Homestead Police Department

Arresting Officers, Dade County Public Safety Department

Fingerprint Expert

Medical Examiner

State Witness

Director, Rathskeller

Owner of pistol used in robbery

Frank Barden “ r.)

Carol Thomas
Debbie Lambert
Janet: Lee Witter
Collette Rush
Charles Gazzell

William Harlow
Peter Tighe

Thomas Murphy
Michael Carmack
Robert Porter

Robert Sheley
Ken Francis

Roy Bissonette
Jimmy Lee Smith

David Brill

William Meisenholder

Donald Schmidt dass! t Mgr.)
Employees at Homestead Howard Johnson Resturant, April 1973

cena Alibi Witness who place Bob at Keith's on April 8/9 1973

Other potential witnesses who also knew Bob was at Keith's

Prisoners to whom McLaughlin admitted Bob's innocence

Investigative reporter working undercover for Norfolk (MA)
County District Attorney

This report was prepared and distributed by the Robert Austin
Sullivan Legal Defense Fund, Ralph L. Jacobs, Director.
additional copies, or to contribute to the Fund, Write to:

For

Robert Austin Sullivan
Legal Defense Fund

53 Leicester Road
Belmont MA 02178

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ROLLING STONE, MARCH 6, 1980

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APPEND
Virginia Anydet, a om
PRIVATE INVESTIGATIVE AGENCY
38 SOUTH SWINTON AVENUE
DELRAY BEACH. FLORIDA 33444
Prasicdent (305) 278-9565
Vieginia: Snyder West Paim 734-3111
<a wo
Foweslagaters November 20, 1982
K. Wayne Campbell
Lila Kipp
Far Beat Coordinater
Shoji Oue Snyder

Dear Friends of RASLDF,

As I am the private investigator on Bob Sullivan's case, we felt it
would be appropriate for me to write this letter for use in the next

newsletter.

Our agency will celebrate its Sixth Anniversary on November 27, 1982,
which is also my 62nd Birthday. I enjoy the challenge of my work and
have no thought of retiring. My nephew, Wayne Campbell, who is doing
much of the work on Bob's case, was trained by me and uses the same
approach that has proven so successful in the past. Our investigative
style has attracted the interest of the news media. A feature about
me and the agency, including my husband, Ross, also an investigator,
was aired on the NBC Today Show on January 7, 1982. Also, there was a
story in the September issue of MS Magazine and I was included in a
story in the November issue of Money Magazine.

Bob's attorney, Roy Black, is the person who brought me into his cas«¢
in 1979. Since that time, we have literally spent hundreds of hours in
various investigative activities. I realize that it has been your con-
tributions that have enabled us to investigate many asvects of Bob's
case. A complete investigation is absolutely necessary in order to
fully get to the truth. I find it incredible that there was NO pre-
trial investigation in any form in Bob's case, not even to speak to
prospective alibi witnesses. As you probably know, the first major
breakthrough was finding two alibi witnesses for Bob: Peter Tighe and
William Harlow. Both men, in sworn testimony in federal court, have
repeated what Bob has been saying all along -- that he was in a lounge
40 miles from the crime scene at the time the crime took place.

Even though the needed investigation is incomplete, after assimilating
the facts and information known to and discovered by this agency, I
have concluded that the Robert A. Sullivan known to you did not partic-
ipate in the robbery-abduction-murder of Donald Schmidt. In order to
prove Bob's innocence to a court's satisfaction, however, based upon
Judge Gonzalez's negative ruling, we must accumulate additional ex-
culpatory data.

It is important, I believe, for you to know that your contributions

to RASLDF are making a real difference. Due to the grim possibility
that Bob could exhaust all of his appeal steps on this round within a
year's time, a decision was made to intensify the investigation. Ob-—
viously, now is the time to undertake every reasonable area of investi-
gation that could help to creat a new appeal issue, or to assist in
proving Bob's innocence. We are doing so now. I am optimistic that we
are headed in the right direction. The accompanying report in the
newsletter will list and describe several of the areas in which we are
working and the information we have found.

APPEN (CONTINUED)

Therefore, you can see for yourself that your contributions hav

helped Bob's case. The case advances have been realized only oo
people like you and I cared enough to help. The more favorable inforn-
ation that we find, the chances will improve for Bob's lawyer(s) to
convince the courts of his innocence. Bob's case is extremely complex
in part due to the success by those person(s) who set him un. The.

crime also makes the job of an investigator m ic
nic soap te Brings ie g uch more difficult, saich as

Despite the risk of sounding self-serving, I hope your D £
RASLDF will continue. Although we have cies sided paben. er oe
case has not yet been solved. Final success, I feel, can only be
achieved if much more exculpatory evidence is uncovered. The ONLY
way to find new evidence and witnesses is via investigation. Because
I believe in Bob's innocence so strongly, this agency strives hard to
keep our fees and related expenses as low as possible. Nonetheless
many costs simply cannot be avoided. For example, for the month of

October, travel, document procurement and telephon
$54, $135, and $95, resvectively. eT ee

Attempting to unravel the crime itself, who set Bob u and w

set up, has been extremely difficult to piece Canethee allen cig rs
the puzzle are falling into vlace and interestingly we might get some
solid help from law enforcement. I would like to briefly describe an
entire day, July 29, 1982, which I spent in Starke. That day convinced
me about the people who set Bob up and the motive for it. For six (6)
intense hours, Bob and I met at the prison with two (2) out-of-state
law-enforcement officials, a captain and a polygraph exvert. (Note: I
cannot list their names or jurisdiction at this time because I could
impair their investigation.) After that six-hour discussion, and after
Bob returned to his Death Row cell, both officers candidly told me

— Mitchell shed additional light on the reason(s) for Bob being
set up.

in the past and/or was deliberately concealed from the defense by police.

We have only recently located the residence of a person who might be the
Robert Porter who was among Bob's five named alibi witnesses.

You, the supporters of RASLDF, are in a very unusual position with your
Support to aid in establishing the proof necessary to demonstrate Bob's
innocence to anyone's satisfaction. This agency in our cavacity, will
continue to work hard toward achieving that end result.

With your continued assistance, together we can bring this case to a
successful conclusion by seeing Bob Sullivan a free man. Let's do it!

Sincerely,

Margene Prgder
Virginia Snyder

President

APPENDIX D 2; ' < i ours

APPENDIX E

A Comparison of Bob Sullivan's movements, covering testimony by the
alibi witnesss AND succession of events at Homestead Howard Johnson's.

Sunday Monday
Aprit 8th 1973» | < + April 9th 1978 .

9 930 10 1030 11 1130 1145 Mid 1215 1230 1245 1 130 2 230 3 330

4
en ae Sea | PRR ss, SE es Ree | as Gece ae? Tee |
SULLIVAN'S SRT aa RO Demet: oP = 5 a ON ee eee BER 5. 1982
MOVEMENTS ae THE NEW YORK TIMES, SUNDAY, SEPTEMBER 5.
Stop Keiths IN THE NATION
for beer y
Eating é
— The Deterrence Myt
Continuous ti
at Keith's bar) By Tom Wicl 3
T T T T t U t t . a" threat of execution | besentencedtodeath, =
: who ,. dent’ that the ‘ Sul-
ALIBI WITNESSES Bar graphs indicate time witness saw Sullivan at Keith's Bar Sar 8 SO OF eae Ys cota Bee ee _At that second proceeding in the
: + wants to reinstate the death penalty itting a murder or a rape, | livancase in 1973, the trial judge found
Willi Nae Taek. convey 6 sent Se] See eae. Vier “Mamaia? ‘arcs
am tial evi: rs 3
Har] bate with other gubernatorial candi- | there is no su ico apparently justifying a capital sen-
— dates the possibility tad byaistake |’ In fact. if criminal justice authori- | tence. When Mr. Black argued the
Peter person might be executed by mistake. | - In fact, i thing, it is that | case before the Eleventh Circuit Court
Tighe 7 a a nape a gr z ae pe taypnenligr dsocbe ugh crime — | of Appeals on Aug. 30, he put forward
er reed tt be killed serch that f certienlariy to murder, which is most } facts that he believes show bey Lop 4
. chael a often a crime of passion — isthe fore | to have been incorrect on “4
. 4 is : S ift and certain punish- } four aggra tances.
a wae Se pees by Mr yer , a the =e a Robert A. Sullivan } the circuit pgs agrees, ——
oo? prev who believe “thousands” of | is only one of many demonstrating — a eee —
Porter Both Porter and Conners are expected to support cvarder vietims would be spared by the |.. that nothing is cece rir eR Te AOE
Wa Bob's alibi when both are located and interviewed: supposed deterrent effect of the death | than the actual execution eone Fl phar yi ts —
then i The Sullivan case also sug- | under sentence of death. ertain eg a ding
Conners Thomas Murphy, who was with Bob all evening has penalty. mS telat Rese Ge cai: seat. Saaaous. poor a deterrent — is the process leading
Thomas refused to even be interviewed. Republican candidates brings capital | moreover. have raised serious ques- | to the erat ggg ro ay
Murph sonianet back to New York, the ex--} tions as to whether Mr. Sullivan ~ aoe pg well be flawed
wid | | | | ecution of an innocent man is not a re- | murder one Donald Schmidt as part inadequate representation of the de-
: : : z ; 5 mote possibility, but quite likely. a robbery at the Homestead, ies: ¥ = os uct by the police or the
SHOW TIME AT KEITH'S Featuring Michael St. Laurent Mr. Sullivan, a 34-year-old white | Howard Johnson’s Restaurant endan oe — oy i oles 0
- ' - man, has been on Death Row in Flor- | April 9, 1973. For one thing, attorneys og ws nahi aed puenk ot sleaee
sda x 1973 — nearly nine | who replaced one who represented | ure to ga id present -
12:30-2:00 ‘ - roagets athe of the other | him inadequately at his trial have | evidence, or racial and other forms
— Years; oe _ : i rejudice.
rsons ft been able to locate at ieast two, | prej Z
d : , pant es this xcs dom, ran flee vie shel eiaaies who swear that he was All these factors are too prevalent in
HOMESTEAD HOWARD JOHNSON'S ' ears the Sullivan case has gone | miles away from the Homestead How- | the criminal justice system, pees
cal an exhaustive appeals pro- | ard Johnson’s at the established time | of those familiar start met oa
i i courts, twi ching | of the robbery. for anyone comfortably
Closing cee Peaside Sogciane Court; through ‘ During that trial, moreover, the | tion with the kind of certainty that
i the clemency process before two Flor- | prosecution allowed the jury to get the | even its advocates demand in death
Lambert ida governors; and is now on a repeat | impression that its principal witness Ity cases.
leave Sen trip through Federal courts that | had passed a lie-detector —— os But with 1,025 persons on Death
Rush might bring it for a second time to the | has since been established . Row, many of them for years and
us U.S. Supreme Court. fact, the witness was judged to have many — like Robert Sullivan — ap-
leave ‘Even if all Mr. Sullivan’s final court | answered untruthfully on four of proaching the end of all avenues of ap-
Barden 12 1230 appeals were turned down, there still | seven questions put to him. peal, the Bureau of Justice Statistics
would be a chance, however unlikely, Even if these and other questions | i, predicting ‘“‘a spate of executions
return : P10 that Governor Robert A. Graham of | spout Mr. Sullivan’s guilt fail to win | in 1983. In that event, Americans will
Thomas with Florida — or perhaps by then a third | him a new trial, his present attorney | aimost inevitably learn that they have
Barden governor — might grant himclemency. | _ Roy E. Black of Miami — argues | sent one or more or many innocent
Poli 1249 is record alone, although it is by | that the imposition of the death sen- | people to the electric chair or the gas
01 ice “Ehes recy ical. rai most i llivan case was unWar- | chamber; but no one will be able to
untypical, raises the tence in the Sul -
dispatched . ae abeacaiel to the fashionable ranted. Florida law requires a sepa- | present a shred of evidence that mur-
Robbery had to a elves theory. While it might | rate proceeding a poms gree der or mee ~ any other crime has
“ :” or “‘self-evi- ‘a person convicted of murder s been in deterred.
occur between seem ‘‘common sense” or “sel pe
McLaughlin versipn
of crime ongoing

9 930 10 1030 1100 1130 spades. I 1215 12301245 1 130 2 230 3 330 4
nig

much more than a reasonable doubt exists to support my innocence. Should you reach
such a conclusion, | hope and pray that you will consider making a financial contribution
to RASLDF. We desparately need additional funding to pay for additional investigation,
which costs two hundred dollars a day.

Investigation is the only effective means to accumulate sufficient new evidence and/or
witnesses which would be potent enough to convince the courts to order a new trial.
Contrary to popular belief, for indigents like myself, a state's legal obligation to furnish
counsel ceases at the conclusion of the first appeal step. My first appeal (see Appendix
A) ended on November 27, 1974. Therefore, if | am ever to have the opportunity to
demonstrate my innocence in a court of law, it must come about as a result of private
donations.

Time has become a critical factor working against us. Not only must we fight the
conviction, but also prevent the State of Florida from legally murdering me. | possess
the dubious distinction of having been the man condemned to die for a longer period of
time than any other person similarly sentenced in America. On July 4, 1981, | marked
my 3000th day of imprisonment. Time quickly appears, tick, tick, tick, to be running
out for many condemned prisioners who have nearly exhausted all of their guaranteed
appeal steps. In Appendix you can see how my appeal has advanced to the next to
last possible appeal court, the Federal Court of Appeals (FCA).

Additional involuntary executions in the U.S. similar to John Spenkellink are inevi-
_table. It's only a matter of time, possibly a year or two, | fear, before the execution
floodgates open. i surely want to avoid such a horrible death. Execution by electro-
cution, and especially the barbaric ritualistic preparations of the condemned, is mind-
boggling.

| consider myself fortunate to finally have an able and dedicated attorney, Roy E.
Black of Miami, to represent me. Roy describes in Appendix B why he volunteered his
services to defend me. Any attorney can: only be as effective as the material with which
he has been provided. More often than not it is the backup personnel who are the
persons most responsible for a legal victory in court. A case in point was that of Dr.
Sam Sheppard, who was convicted of murdering his wife. Attorney F. Lee Bailey used
the documentation made by an expert criminologist, who proved through blood-stain
patterns that Dr. Sheppard was not his wife's killer, which was the vehicle for a new
trial at which Dr. Sheppard was found not guilty!

Our goal is very similar. If | am to have the chance for a new trial, we must raise
many thousands of dollars in order to pay for complete investigation of my case. We use
the services of Private Investigator Virginia Snyder when our budget permits. Her
unique investigative style was featured on the NBC Today Show January 7, 1982.

After reading the following presentation, if you also believe that | deserve another
day in court with an opportunity to prove my innocence, | ask that you kindly consider
supporting my cause with a financial contribution. Thanking you in advance for your
consideration.

Respectfully submitted,

Robert Austin Sullivan
#039870

P.O. Box 747

Starke, Florida 32091

In addition to Roy Black, ! would like to offer a special thanks to Kenny Trainor,
Linda Radin, Richard Carr and Ralph Jacobs for their loyalty, friendship, and support
throughout, and further thanks to Ralph Walker, Ed.D., Associate Professor at William
Paterson College of New Jersey, who has been of great assistance in many ways, in-
cluding the editing and printing of this report.

11 OBJECTIVES OF ROBERT A. SULLIVAN LEGAL DEFENCE FUND

In October, 1976, Denis Dean, the court-appointed attorney who had represented
Bob Sullivan, officially withdrew from the case, thereby leaving Bob without any legal
representation. This senseless act finally shocked several of Bob's friends into realizing
that Bob was left alone to face a very serious predicament. As a result, in early 1977,
the Robert A. Sullivan Legal Defence Fund was created by several of Bob's friends. The
goal of RASLDF has been and will be to win a new trial for Bob. Many persons have
made contributions including a federal judge, a sheriff, a Massachusetts legislator, sev-
eral attorneys (including a former district attorney), many clergymen, and _ countless
others. We'd like vou. too, to ioin our cause as well.

The problems facing RASLDF are many. Investigating a crime that occurred in 1973
multiplies the difficulties in trying to track down key witnesses. There are at least 19
more persons whom we need to locate for questioning. In 1974, the trial judge ordered
the clerk to destroy all the evidence from the trial which further complicates our job. To
track down those persons will be a very costly operation, and a necessary one if Bob
Sullivan's case is ever to be adequately investigated for the first time.

There is a saying that there are no rich people on death row. The level of effec-
tiveness of a defense is in direct proportion to the amount of money and effort expended
on it. The richer a defendant, the better the defense, which consequently reduces the
possibility of conviction and/or maximum sentence. Clearly, Bob did not have an ade-
quate trial defense, and we blame Denis Dean whose entire defense consisted of two
witnesses -- incredible?? Based upon what our investigation has already produced, any
lawyer worth his salt would have subpoenaed at least fifteen persons as defense wit-
nesses.

Every person affiliated with RASLDF has donated their time without compensation.
Other than reimbursement for out-of-pocket expenses, all contributions are forwarded to
Roy. Black who in turn uses the money to pay for his expenses to defend Bob and to
retain the services of competent backup personnel, such as Virginia Snyder, as funds are
available. Previous contributions have achieved measurable progress. Nevertheless, this
progress has not yet been sufficient to convince the court(s) to order a new trial. We'd
like to financially be in the position to turn Virginia loose to complete all possible inves-
tigations instead of random selection dictated by budgetary limitations. We appeal to you
to please support the efforts of RASLDF.

Time is no longer our ally; it has become our enemy. Unless we are able to soon
find significant additional witnesses and evidence, the danger exists we could lose Bob to
Florida's executioner! While time still permits, we need many thousands of dollars to
apply to investigation. If Bob's appeal should lose at the Federal Court of Appeals and
United States Supreme Court (see Appendix A), Governor Bob Graham can be expected to
swiftly sign a second death warrant against Bob. The ONLY possible means for us to
prevent Bob's execution would be to convince the courts that we had discovered sufficient
NEW issues which had a substantial likelihood of success legally in order to justify the
court(s) to issue a Stay of Execution. We need to be ready to meet those standards, if
necessary. Everyone affiliated with RASLDF hopes that you will help our cause.

Sincerely,
Ralph L. Jacobs
Director RASLDF

til THE CASE HISTORY

Having accepted employment at the University of Miami, Bob quit his position at the
Sheraton Wayfarer. He planned to spend a few weeks in between jobs vacationing in the
Miami area. Several days before his planned departure, Bob was approached in Boston
by an acquaintance, Reid McLaughlin, who inquired if he could join Bob as a traveling
companion. Bob consented to the arrangement because of McLaughlin's willingness to
share travel expenses equally. While in college, Bob had frequently accepted traveling
companions as a means of reducing his expenses.

Sullivan and McLaughlin departed Boston on March 26, 1973 in Bob's car, a green
1969 Cadillac convertible. They arrived in Miami on March 28th. The travel and motel
expenses were divided equally. A third person, Gilbert Jackson, who was known to both
Bob and Mc Laughlin, flew to Miami on April 6th and joined them at the motel. On April
8th, according to Bob, McLaughlin and Jackson departed the motel together in the early
evening. Someone named Tom, McLaughlin told Bob, was picking them up to go bar-

hopping.

On the evening of April 8th (as Bob has repeatedly sworn) after eating a late sup-
per at a Lum's Restaurant, he drove to Keith's Cruise Room, a Hallendale lounge, ar-
riving alone at 11:30 p.m. Upon arriving, Bob maintains that he encountered at least
five persons known to him by name between 11:30 p.m. and midnight, including William
Harlow, Robert Porter, Peter Tighe, Michael Carmack, and Thomas Murphy. Peter and
Mike were employed at Keith's as bartenders while the three other persons were patrons
of the lounge.

Every Sunday night at Keith's, there is a single show which starts shortly after
midnight featuring Michael St. Laurent. These shows usually last about two hours. Upon
arrival at Keith's on April 8th at 11:30 p.m., Bob Sullivan first talked to Billy Harlow
who was celebrating his 18th birthday. After purchasing a drink from Peter and Mike's
bar station, Bob bumped into Robert Porter whom he knew casually from Boston. A few
miniites later Thamas Mirnhy arrived He. too. was from the Boston area althouqh Bob

lawyer. As midnight approached, Bob and Murphy decided to get a good table from
where they could view the show together. Not long after the show began, Bob said he
received a note from Mike the bartender hand-delivered by the waiter, which asked Bob
if he could talk during the show while Mike was not busy. Bob excused himself from the
table and walked the ten feet to Mike's bar station. After conversing with Mike for about
20-30 minutes, Bob re-joined Murphy at their table until the conclusion of the show.
Thereupon, Bob and Murphy had drinks at Mike's bar station until Keith's closed at 4:00
a.m. Afterward, Bob, Murphy, and Carmack drove separately to Tee Jay's Lounge in
Hollywood. Bob left Tee Jay's alone at 5:15 a.m. to return to the motel.

What Bob did on the evening of April 8th-9th is important because a robbery-murder
took place in Homestead during those hours. The distance from Keith's Cruise Room to
Homestead is approximately 35 miles. The crime was first investigated by Officer Willock
of the Homestead Police Department. Willock's report indicates the crime started sometime
after 11:30 p.m. when Collette Rush left work leaving Donald Schmidt alone in the res-
taurant's office. Debbie Lambert, another waitress, had left at 11:15 p.m. Most unusu-
ally, both waitresses left via the back door, which had not been locked. Frank Barden,
the manager, told Willock that Schmidt had intended to join him for a drink at the Holiday
Inn lounge located next door to Howard Johnson's. Barden had spoken to Schmidt at
11:15 p.m. by phone and learned that he was almost through work. Carol Thomas said
that she was with Barden at the Holiday Inn lounge from 9:00 p.m. until 12:10 a.m.
Barden claims he decided to return to Howard Johnson's when Schmidt didn't show up.
Barden told Willock he arrived at Howard Johnson's at 12:30 a.m. and, finding Schmidt's
car still in the lot but with the restaurant lights out, he decided to go inside to investi-
gate. Schmidt was not present and over $2,700 was missing from the bottom safe. The
police report lists the call to them was made at 12:49 a.m. Officer Willock listed Charles
Gazzel, a former employee, as the suspect. :

Schmidt had been in Florida working at Howard Johnsons for less than three weeks.
About one week before Schmidt's disappearance, he had fired Charles Gazzel on Barden's
instructions. The police report noted that Gazzel had been hanging around Howard
Johnsons for a couple of days preceeding the crime. Gazzel shared an apartment with
two waitresses, Debbie Lambert and Janalie Wittier. On April 8th, Ms. Wittier reported to
the police that Charles Gazzel stole some jewelry and $200 in cash from her room. Lambert
reported nothing missing. It seems odd that Gazzel would steal from one roommate but
not the other. Incidently, Lambert worked the counter on the night of April 8th. Gazzel
disappeared on April 8th, on the date the crime was committed. .

The Howard Johnson Company has certain strictly enforced policies intended to curb
inside theft and decrease the possibility of robberies, particularly at night. All of these
policies were fully known to Bob Sullivan due to his previous employment. For reasons
never explained and occurring ONLY on April 8th nearly every critical policy affecting
security was ignored at the Homestead as if it had been planned or intended. Officer
Willock learned that the following Howard Johnson policies were violated on April 8th:

1) After closing employees left by the back door. Policy requires the manager to let
customers and employees out the front door, which is to be kept locked after clos-
ing.

2) The back door was left unlocked after closing. The back door should be kept
locked at all times, especially after dark. :

3) Regardless of the circumstances, no employee, including management, is permitted to
remain ALONE in the restaurant after closing. Schmidt was alone.

4) All restaurants are equipped with~two safes. One is exclusively for the manager's
use while the second safe is used by certain designated employees including the
assistant manager. All excess cash on hand, including daily receipts, should be
held in the manager's safe. :

A) All deposits of receipts should be made daily; why were three day's receipts on
the premises?

B) Since all excess monies should be in the manager's safe, why were three day's
receipts in the safe to which Schmidt had access?

How all of the above could occur on April 8th and ONLY on that night may be the
key to solving the crime. If it was controlled by someone, only the manager could con-

trol all of these different occurrences. Referring again to Willock's report, he stated,

"In this officer's opinion, Mr. Schmidt was not abducted. If there was an abduction,
why was the safe locked, the back door was locked, and the lights were turned off?
Homestead Police Officer Tauriello in describing the office area noted, “there is no scene
to process as the manager (Barden) molested scene." (i.e. Barden's prints made lifting
other prints impossible. )

On April 10, 1982, two hunters discovered a decomposing body lying in a target
range. Barden later identified the body as Donald Schmidt. The distance from the res-
taurant to the target range is 19 miles. Sgt. Arthur Felton and Det. Lonnie Lawrence
were assigned to lead the investigation at the murder scene. In an article by Vernon
Bell published in September, 1973, Det. Felton is quoted as saying, "I'd say more than
one person stood around the body," describing footprints vispble beside the body. Bell

pointed out, "A mobile crime lab unit also had arrived at the scene to tak_ pr-~-ures and
measurements of the footprints and other evidence including hundreds of shell casings."

There had been no attempt to conceal the body. Dr. Lee Beamer noted in the Medi-
cal Examiner's report that the cause of death had been two shotgun wounds to the head.
The crime lab had carefully preserved the tape which had been used to bind Schmidt's
wrists behind his back. Officer Ron Shuk processed the tape, from which he discovered
two prints of camparison value. The prints surely belonged to Schmidt and/or to his
killer(s). These prints were not matched to anyone, and clearly did not match Bob's.

During Felton's investigation, he contacted Barden, who gave him the name of Rob-
ert Sullivan, a former manager of the restaurant. Bardon did not give Felton any other
names, including Gazzel, which we find quite odd in light of his disappearance on April
8th after stealing money and jewelry from Janalee Wittier. None of the Howard Johnson
employees named in this report had ever worked for Bob Sullivan, including -Barden,
Schmidt, Gazzel, Lambert, Rush, Wittier, or Thomas. In fact, no one had ever even
seen Bob Sullivan.

Following Barden's suggestion, including where to contact Bob's family, Felton spoke
to Bob's father in Nashua, New Hampshire. Bob's father informed the police that his son
had departed on March 26, 1973 for Miami. Felton inquired if Bob owned any weapons to
which Bob's father responded yes, mentioning he had a twelve guage Parker shotgun.
Felton did not actually make Sullivan a suspect until he learned that a person matching
Bob's description had used Schmidt's Mastercharge card. An anonymous caller asked for
an officer working on the Schmidt murder; Det. Lawrence accepted the call and was told
to go to Keith's Cruise Room where Robert Sullivan could be found nightly around mid-
night. Sullivan's name had never appeared in the Miami media in any form prior to his
arrest. Barden's pulling Bob's name out of a hat followed by the anonymous calls looks
like a set-up to us, particularly in view of Barden's later disappearance.

Felton tried to acquire a local arrest warrant for Bob but was unsuccessful due to
insufficient evidence. Remembering that Bob's employer desired to speak to him about his
possible knowledge of $6,000 missing from the Sheraton Wayfarer sales department, Felton
used this to get a New Hampshire warrant issued on April 16, 1973 for Robert Sullivan's
arrest. Later, no one ever contacted Bob regarding the missing funds. With a New
Hampshire warrant, a stake out was ordered by Felton for the night of April 16th at
Keith's Cruise Room. Felton made no attempt to contact local authorities despite being
out of his jurisdiction in Broward County.

A car belonging to Bob Sullivan arrived at Keith's shortly before midnight on April
16th. Three persons, Gilbert Jackson, Reid McLaughlin and Robert Sullivan, left the car
and entered the lounge.

The three persons remained at Keith's until closing at 4:00 a.m. Officers Felton,
Lawrence, Jones, and Aquirre, using two vehicles, tailed Sullivan's car. As soon as
Bob's car crossed into Dade County, the police pulled Bob's car over. There was no
resistance. There are conflicting versions of who said what at the arrest scene. Felton
claims that Bob was read his rights and at no time did he request an attorney. Felton
acknowledged that Bob asked for a drinking buddy, however. Bob swore that he re-
peatedly requested an attorney named Thomas Murphy, whom he had left at Keith's only
moments before. Felton also claims that McLaughlin volunteered to go to the police station
and at no time did he request an attorney. In contrast, McLaughlin said that he was
forced to go to the police station and that his request for an attorney was denied. In
January, 1981, Virginia Snyder questioned McLauglin shortly before his March, 1981
parole. He didn't offer much help other than recalling from the arrest scene that he
heard the police refuse Bob's request for an attorney. Gilbert Jackson was the third
person in the car at the time of arrest. Jackson was returned to the motel and released
because McLaughlin had indicated that Jackson had arrived in Miami a few days before-
hand. According to Bob, Jackson actually arrived in Miami on April 6th.

Sullivan and McLaughlin were transported to the station in separate vehicles. After
lengthy interrogation, the police finally got what they wanted -- a statement, in which
Sullivan implicated himself and McLaughlin in the murder of Donald Schmidt!* Confronted
with Sullivan's statement, McLaughlin parroted much the same story. Both men were
booked into separate cells at the Dade County Jail.

Several days after his arrest, Bob appeared at a preliminary hearing. Felton's
testimony included saying that Bob never requested an attorney during interrogation.
Stephen Mechanic of the Public Defender's Office told Bob that a lawyer from their office
would come to interview him at the jail soon. Bob had still not seen a lawyer when he
made a court appearance before Judge Cowart on June 4, 1973. Raymond Windsor was
appointed as Bob's lawyer by Judge Cowart. On June 8, 1973, Bob was returned to
Judge Cowart's courtroom where for the first time he met Windsor for five minutes in the
jury room prior to being arraigned. Bob saw Windsor two additional times at the jail,
once each in July and September. Bob sent Windsor several letters urging that many
areas needed to be investigated, especially locating five potential alibi witnesses.

*Dlaraca rand an tn thea ana Rahle ratinnala Kernmec cClaar later (nane 2 and |G jin nartici-

; After Bob realized that Windsor had not done any investigating, Bob prepared and
filed on September 13, 1973 his own motion asking Judge Cowart to discharge Windsor due
to a conflict. Bob had picked up from more experienced prisoners how to file such a
‘motion. Bob's intention was to change counsel before the critical Motion to Suppress
Hearing which would determine whether or not the statement given by Bob to Sgt. Felton
would be admissible evidence in a trial. Judge Cowart delayed ruling on Bob's motion
and held the motion to Suppress Hearing on September 20, 1973 as scheduled. Bob
wanted the hearing to show that his constitutional right to counsel had been trampled on
by the police and to put the statement's content under the microscope to show that it was
a sham. Bob's intended strategy included:

1) Using the five alibi witnesses to demonstrate that Bob could not possibly have par-

ticipated in Schmidt's murder.

4) Using a Howard Johnson executive to explain all of the policy violations that occur-
red on April 8, 1973. Bob felt that Cowart would conclude that he would have
expected policy to have been enforced and that so many violations occuring on April
8th indicated an inside set-up.

5) Using Thomas Murphy to show the person whom he requested as his attorney had
pct ‘i him only moments prior to the arrest. (Murphy would also be an alibi
ess).

6) Using Gilbert Jackson, provided he could confirm that Bob had requested an attor-
ney at the arrest scene.

7) Analyzing all the physical evidence and use whatever was favorable, such as showing
that there were no bloodstains, etc on the tire iron which the State said was used
in the crime which was located by police in the car's trunk.

On September 26, 1973, Judge Cowart finally heard Bob's Motion seeking to dis-
charge Windsor. When Windsor acknowledged the conflict that Bob had charged, Judge
Cowart discharged him. Judge Cowart then appointed Denis Dean to replace Windsor on
October 1, 1973. Both in direct conversations and via letters, Bob repeated his many
requests that the case be thoroughly investigated. But it wasn't! Dean did little more
than Windsor had done. In addition to those areas indicated by Bob that could apply
both to the Suppress Motion and the trial, many other areas could have been explored,
some of which are as follows:

1) Question all Howard Johnson employees.

2) Question John Luchek to determine if he had any knowledge of or involvement in the
crime. ;

3) Obtain a list of all missing items taken from the victim.

4) Carefully check all physical evidence including prints, footprints, tire iron, a mis-
sing shoe, comparing tape owned by Bob to that used in crime.

5) Fully investigate Frank Barden.

6) Attempt to locate Charles Gazzel to see why he fled on date of crime.
7) Investigate for two possible set-ups.

8) Contact William Jenner regarding his pistol.

9) Check validity of New Hampshire warrant.

10) Interview jail prisoners Sheley and Meisenholder since what McLaughlin had told them’

included saying Bob was not involved in the crime.

11) Investigate Howard Johnson policy and point out that Bob would not have expected
so many violations to occur, and that someone working there probably orchestrated
them. Further, since Bob Sullivan knew the lighting system it is unlikely he would
have turned them off improperly.

To the best of our knowledge neither Windsor nor Dean attempted to investi_ iny of
these areas. Finally, no one ever bothered to check out Bob's alibi!!!

1) The victim's identity.
2) Time and place crime(s) occurred.
3) That Bob had signed for and possessed the victim's Mastercharge card at arrest.

4) That at arrest Bob's car contained a shotgun and shells, roll of white adhesive tape,
one pair handball gloves, and a pistol belonging to William Jenner, discovered in the
glove compartment.

5) That proceeds from the robbery were found in the motel room which Bob shared.
6) That Bob had the victim's watch on his wrist when arrested.

7) That Bob's car possessed a tire iron located in the trunk.

8) That the cause of death was gunshot wounds to the head.

a) whether or not there was a bludgeoning and
b) as to the number of shots, two or four.

Collette Rush, the last employee to see Donald Schmidt alive, gave brief testimony.
She acknowledged working at Howard Johnson as a waitress on April 8, 1973. The unit
closed at 10:30 p.m. and she left at 11:30 p.m. She said she was the last employee to
depart, other than Donald Schmidt, who was alone in the office; that Schmidt told her to
go out the back door since it was open and she left that way. Rush noted also that Mr.
Schmidt "looked like he was worried about something." She acknowledged also that April
8th was the only night the back door had been left unlocked.

Frank Barden's testimony included much of what had been recorded in Officer Wil-
lock's report. There was a major exception and Dean never confronted Bardon with it.
The call to the police was made at 12:49 a.m. To Willock, Barden claimed that he re-
turned to Howard Johnson's around 12:30 a.m. At the trial, Barden altered his story by
saying he returned to Howard Johnson's at midnight and the call was made immediately.
Barden may have altered his story to coincide with his alibi, since Carol Thomas revealed
that she had been with Barden at the Holiday Inn lounge from 9:00 p.m. until 12:10 a.m.
Dean should have made Barden account for his whereabouts from 12:10 a.m. until 12:49
a.m. -- a 39 minute gap -- but he did not. Dean did, however, attempt to inform the
jury that Barden had fled Miami on June 4, 1973 (coincidentally the same date on which
Barden had been scheduled to appear as a witness for Bob's arraignment), in possession
of six day's cash receipts taken from the Homestead Howard Johnson's. When the State
objected to questions covering Barden's fleeing, Judge Cowart ruled the witness did not
need to answer these questions. (Note: after Barden stole the money he fled to Las
Vegas where he was apprehended by the FBI and returned to Miami. Prior to Bob's trial,
Barden had received probation with adjudication withheld provided that he made restitu-
tion. We strongly feel that the jury deserved to explore why Barden stole six day's
receipts and fled on June 4th.)

OR a

dispose of the body in the Everglades where it never would be found. We fail to see how
that conversation had a bearing on this case. Yet Dean allowed it to be admitted in
testimony.

_Sgt. Felton testified at some length and fully described the police investigation
leading up to and including the arrest of Bob Sullivan. A damaging portion of Felton's
testimony was, of course, the introduction of Bob's statement into evidence. Many other
items were entered into evidence by Felton including a shotgun and shells, the handball
gloves, the roll of white tape, Jenner's pistol, and the tire iron. None of these items
were ever shown to have been involved in the crime. A suitcase which contained receipts
from the robbery also was entered into evidence, however, McLaughlin admitted the

suitcase was his. Through Felton, the State also introduced a watch and Mastercharge

card found in Bob's possession at the time of arrest.

The final State witness was Reid McLaughlin who was AWOL from the Marines. Mc-
Laughlin claimed Bob recruited him to travel to Florida for the purpose of committing "a
perfect crime." McLaughlin said that Bob paid for his expenses, that Bob took Jenner's
pistol having known where Jenner kept it, and on April 8th, Bob decided they'd commit
the crime on that date. McLaughlin described arriving at Howard Johnson's at 10:00
p.m., said that Sullivan sent him inside to get a take-out order for the purpose of count-
ing the employees on duty to enable them to know when the manager would be alone.
After all employees but Schmidt had gone home, McLaughlin testifies that he and Bob
entered via the back door, found Schmidt alone in the office, forced Schmidt to give the
safe combination, and while Bob opened the safe he took Schmidt's watch and wallet.
Taking Schmidt with them, Bob turned out the lights and shut the back door, according
to McLaughlin. Once inside Bob's car, McLaughlin said he bound Schmidt's wrists with
adhesive tape furnished by Bob. They drove to the Tamiami Trail and headed west.
When they finally stopped, McLaughlin said a State Trooper stopped to give assistance,
however, McLaughlin claims he told the Trooper he had merely stopped to go to the
bathroom. The Trooper departed. From there, they drove to a target range off Krome
Avenue. According to McLaughlin, everyone got out of the car, at which point Sullivan
pulled out a tire iron and struck Schmidt twice on the head. Then, getting the shotgun
from McLauhlin, Sullivan shot Schmidt in the head four times at point blank range. They
returned to the car at which point McLaughlin said Sullivan uttered, "1 don't feel no
different." Dean's cross examination was ineffective. While probing McLaughlin's plea
bargain, Dean allowed him to describe the arrangement as including the taking and
passing of a polygraph test. Judge Cowart denied Dean's motion for a mistrial. This
obviously left the impression with the jury that McLaughlin had already taken and passed
a polygraph test, which enhanced his credibility greatly. The matter was dropped. The
jury was not advised to disregard the polygraph reference. But much worse, the jury
never did know that McLaughlin had failed the majority of his polygraph test, nor did
it stop the prosecutor from using perjured testimony!

The defense's final witness was the defendant, Robert Sullivan, who refuted the
statement given to police. Bob swore that he did not participate in the robbery-murder
of Donald Schmidt in any way. Much of Bob's testimony was in direct conflict with prior
witnesses Felton and McLaughlin. Nevertheless, Dean called no further witnesses to
corroborate Bob's version. There were many conflicts and we'd like to paraphrase key
sections from Bob's trial testimony. In refuting the statement given to police, Bob dis-
cussed all of the areas where it was incorrect based upon the facts - such as the dis-
parity between the number of shots. In explaining why he gave an erroneous statement,
Bob offered these reasons:

1) Bob believed at the time, based upon one of McLaughlin's assorted versions, that a
very close personal friend named John Luchek had killed Schmidt and Bob was
trying to protect him.

2) Bob gave a purposely false statement, figuring it would protect himself while also
protecting Luchek. Bob felt when the statement's content was examined, it would be
evident it was a total sham.

4) Bob felt certain that no statement could ever be used against him because he had
been denied a request for an attorney. What Bob didn't know was that the police

LTAtAtAA DAKE BIAKt tn carinecal far a Miranda riaht's

1) Bob pointed out that McLaughlin approached him to become a traveling companion by
agreeing to share expenses fifty-fifty.

2) Bob stated that he did not take Jenner's pistol. Rather, McLaughlin stole it un-
known to Bob.

3) Bob explained how McLaughlin had loaned him a watch when his watch had stopped.
Bob says the first time he learned the watch had belonged to Schmidt was following
the arrest.

4) Bob explained that McLaughlin tricked him into using the victim's Mastercharge card.
McLaughlin produced a credit card on April 9th telling Bob that its owner had loaned
the card to him in order to buy some new clothes. At the time McLaughlin owed Bob
over $200.00 as his share of the motel bill. McLaughlin asked Bob if he'd accept
purchases from the credit card in lieu of his debt to Bob. Not wanting to get stuck
for the full bill, Bob decided a bird in the hand was worth two in the bush. Asa
result, Bob made purchases with the credit card without any knowledge that the
card belonged to a man who had been murdered. (Please note that Bob had direct
experience using control measures by credit card companies governing stolen cards
so if he had murdered Schmidt why would he use the victim's credit card - including
two purchases exceeding $25.00 which would require the store to call via an 800
number to get a purchase authorization number?)

The entire trial consumed less than four working days, two to pick the jury and two
to try the case. On November 8, 1973, the fourth day, both sides gave closing argu-
ments. The jury returned a guilty verdict after deliberating for less than two hours.
On November 12th, 1973 Judge Edward Cowart sentenced Robert Sullivan to die in Flori-
da's electric chair, which is nicknamed Old Sparkey. In order to avoid such a fate, Bob
has been appealing both his conviction and sentence. (See Appendix A for a complete
listing of Bob's odyssey through the criminal justice system).

IV Post-Trial Investigation

jury did not know are: the questions surrounding all the violations of Howard Johnson's
policy oniy on April 13th, 1973; that McLaughlin failed the majority of the questions on
polygraph test; and many facts supporting the conclusion that Barden was a participant

in the Schmidt murder.

Once we share with you more evidence favorable to Bob, we're confident that you
will agree that he is innocent. As you will see, the majority of our discoveries were
available to any attorney willing to look for them. The most significant post-trial inves-
tigative discoveries are as follows:

HIS

In field off the Tamiami
Trail (7), hunters found
the missing manager of a
roadside eatery (R) and
investigators linked a
youth from Boston (below,
R) to his traveling pal

who purportedly had death
wish—for somebody else.

misdeeds, the most malevolent of
which is murder of man’s: own kind.
Bodies have been known to surface
bloated in the canals and skeletons to
stare with eyeless sockets from beneath
parted palm fronds as hunters made
their way across the hammocks, which
the higher spots are called. ,

On Tuesday morning, April 10, 1973,
two hunters, moving warily across an
open field off the Tamiami Trail and
listening for the tell-tale whoosh of
wings from a flushed covey of birds,
made such a grisly discovery. Putrefy-
ing from the heat of the ’Glades sun,
merciless even in spring, lay the body
of a man. Swarms of huge swamp in-
sects buzzed about the. body and,
particular, about a gaping wound in
the back of the corpse’s head. Even to
the hunters’ inexperienced glance, un-
questionably, the shattering wound
could be seen to have brought instant
and terrible death.

All their zest for game vanishing, the
hunters returned to their car, parked

Si atta enect tes ee

off the Trail, then drove to the nearest
pay telephone on the outskirts of Mi-
ami. Their call to the Dade County
Public Safety Department in down-
town Miami brought a patrol car to
the intersection of the Tamiami Trail
and State Road 27, from where a short
tramp into the field by a uniformed
deputy sheriff confirmed the nature of
their discovery.

The officer’s radio call, in turn, sum-
moned Homicide Sergeant Arthur Fel-
ton and his partner, Detective Lonnie
Lawrence. As they drove to the scene,
the veteran Felton discussed what they
might find with his younger partner.

“There have been a lot of robberies,
with the victims shot to death and left
in places like this,” he said. “The bod-
ies could lie out here for weeks, even
months, turning to skeletons in the sun
before anybody stumbled across them.”

Felton was thinking particularly of
a case in the previous September, when
Rafael Rojas, a 31-year-old supermar-

. ket assistant (Continued on page 52) z

the student, whom he described as a
heavyset youth in his 20s, a “weirdo”
with some rather wild ideas. The of-
ficers quoted the informant:

“He [the student] told my other
buddy, I didn’t hear him myself, but
he told him he wanted to kill someone
for the hell of it.”

Felton and Lawrence reacted in al-
most the same breath, recalling im-
mediately the embezzling manager,
Sullivan, that the current Howard John-
son manager said had preceded him in
the job.

“Was his name Sullivan?” Felton .

shot at the informant.

“I think so, something like that,” he
replied. “My buddy would know.” The
informant gave the name of his other
friend and where he might be found.
The youth who allegedly had heard
the murder threat had moved, how-
ever, and it was several days before
the investigators were able to track
him down.

Keenly interested, at that point, in
the former restaurant manager, Robert
Sullivan, 25, Felton put in a call to
Nashua, N.H., Sullivan’s home town.
The present Howard Johnson’s man-
ager had said that he believed that the
potential suspect had retumed there.

Felton was put in touch with Sul-
livan’s father, who conveyed some
rather startling information which con-
vinced the officer that the investigation
was on the right track. The father, a
retired physician, said that his son had
returned home, but recently left again
—taking with him the family’s double-
barrel shotgun and a box of shells.

Felton grimly recalled the appear-
ance of the back of Schmidt’s head, re-
duced also to mush by one or more
shotgun blasts at close range.

The officer also could feel compas-
sion for Sullivan’s father, compelled by
his honest nature to give the informa-
tion about the shotgun while knowing
that it might involve his son in grave
trouble. Felton wondered if the family
had made good on the alleged $6200
embezzlement, saving the son, possibly,
from going to prison.

Nor was that the only embezzlement
with which Robert Sullivan was con-
nected, the questioning in New Hamp-
shire brought out. A warrant was out-
standing in that state charging him
with taking $7000 from a firm for
which he had worked. New Hampshire
authorities would be pleased if Florida

‘could locate and serve him with the

warrant, the detectives were told.
The youth said to have heard the
murder threat firsthand was located
ultimately in a town in New York
State. Officers there interviewed him at
Felton’s explicit request. ;

Yes, the youth told them, Sullivan
had expressed to him his bizarre urge
to murder.

“We were talking one night,” the
youth said. “Sullivan calmly outlined
how he intended to commit the perfect
crime. He said he would pick out a vic-
tim who was in possession of a large
sum of money, kidnap him, take him
to the woods and shoot him in the
head with a shotgun.
~ “No witness, no case,’ was the way
he said it would work,” the informant
allegedly told New York police.

Digging into more of Sullivan’s ac-
tivities while he was a part-time student
and restaurant manager in Florida, the
detectives heard the youth described
as a homosexual who usually was found
in the company of one or more other
youths of similar leanings.

“That means he may have had a
partner in the robbery and slaying”

Felton said. “You know, this is begin- .

ning to look more and more like one of
those Leopold and Loeb things.”

He was referring to the “thrill kill-
ing” in Chicago almost half a century
ago, of young Bobby Franks, for which
Nathan Leopold and Richard Loeb
were convicted in one of the nation’s
most sensational trials.

A week after the investigation start-
ed, one of the measures taken as the
result of questioning Schmidt’s widow
bore fruit. The investigative depart-
ment of Master Charge, the credit card
firm, called homicide. Not just one sale,
but several, had been made to a per-
son presenting Schmidt’s credit card.
All the purchases had been made the
same day at the big Dadeland Mall, a
deluxe shopping center on Miami’s
southwest outskirts. Its location com-
pleted a strategic triangle with the res-
taurant in Homestead to the south and
the field where Schmidt’s body was
found to the west.

HE triangle contained almost 75

square miles and perhaps a quarter
of a million people, but it was a starting
point. It also included the University
of Miami, where Sullivan had been a
student. .

The detectives soon began interview-
ing sales people who had dealt with
the user of the dead man’s credit
card. Several recalled vaguely a
heavyset young man who had made
various purchases of clothing and other
items. More important, the officers ob-
tained samples of the signature on the
credit card sales slips in the forged
name of Schmidt.

From Sullivan’s former student ac-
quaintance, Felton and Lawrence
learned that he once had hung out at
a certain bar in Hallandale, near Gulf

Stream Race Track some 15 miles
north of Miami just inside the next
county, Broward County. The detec-
tives decided to switch their hunt to
that direction because, aside from his
one-day shopping spree in the Dade-
land Mall, Sullivan hadn’t been seen
lately in his old haunts south of the
city.

“Actually, he may not even be in
the Miami area now,” Felton told his
partner. “But let’s give that place near
the race track a try.”

They enlisted the cooperation of
Broward County and Hallandale offi-
cers and set up a surveillance of the
bar. They spent long hours, sitting out-
side in an unmarked car. But, finally,

' late on the night of April 16—actually

past midnight—a car swung up to the
bar and two men got out. One was
heavyset and about 25.

“Hey, how about him?” Lawrence
nudged his partner. The car was a
1969 Cadillac convertible. Moving
their own car slowly ahead for a closer
look, the detectives saw a New Hamp-
shire tag on the Caddy. Everything
was falling so neatly into place that
the detectives had to remind themselves
to proceed slowly.

After waiting a bit, the officers
walked into the bar and took seats
where they could have a long look at

the plump youth and his friend. Then, '

they returned to their car and waited
some more.

At length, the heavyset suspect and
his companion left the bar and took
off in the Cadillac, heading south. The
Dade County detectives swung in close
behind them. It was only a few hun-
dred yards to the county line and,
once their quarry was over it, at
Northeast 211th Street and Highland
Lakes Boulevard, Felton and Lawrence
closed in and ordered the Cadillac
driver to pull over. It was 4 A.M. on
April 17.

“Remember that shotgun,” Felton
warily reminded his partner.

But the youths offered no resistance.
As the driver stepped out, Felton
reached for his wrists to snap on the
handcuffs and he noticed, in the glare
of his flashlight, that the man he was
arresting wore a wrist watch with a
day and date calendar.

“What’s the date on your watch?”
Felton asked him on a hunch.

“Huh? said the startled suspect.

Felton looked closely at the watch
under his flashlight. The day was the
correct one—Tuesday—but the date

was wrong—the 22nd instead of the

17th. Felton was remembering what
Schmidt’s wife had said about the pe-
culiarity of the missing watch.

In anticipation of an arrest, the de-

Ce ang

th ae,

MiSs ~

—

get to use them. Give up was all they
could do.”

W. A. Johnson, a West Virginia state
trooper added: “The whole gang of us
zeroed in on them all at once and they
had had it.”

Trooper D. J. Meadows readily ad-
mitted that the possemen had been
lucky. “We were fortunate that they
took to the woods,” he said. “If they
had gone back into a populated area,
we would have had real trouble locat-
ing them.”

Waiving extradition, the four accused
killers were flown back to Atlanta in a
commercial plane. DOI agents followed
later in a Georgia Department of In-
vestigation plane, after completing their
investigation at the capture site.

In a 50-year-old Donalsonville court-
room whose walls are decorated with a
representation of the Ten Command-
ments, the suspécted killers were told
of the charges against them. Only
Coleman showed any emotions. He
smiled at the courtroom spectators and
laughed and said, “Yes, sir,” when asked
if he understood the charges. They then
were removed to a secret lockup.

“We definitely do not plan to keep
them in Donalsonville,” a Georgia
police spokesman told reporters. “We're
not taking any chances.”

Sheriff Dan White agreed that that
was a good idea. “I know where they
are,” he told reporters, “but I’m not

telling anybody. I’m not even going to
tell my wife.”

On Monday, May 21, after allegedly
admitting that the four had killed Rich-
ard Wayne Miller after stealing his car,
Wayne Coleman was taken to Pennsyl-
vania to aid the authorities there in a
search for the body of the teenage
victim. According to the suspect:

“We killed him, because we didn’t
want any witnesses.”

“He says they dumped the body near
a sign that read, ‘Welcome to Mary-
land’,” one of the officers later said.

“He is the type that shows very
little or no emotion,” said Lieutenant
Vincent Fiorani.

Four law enforcement agencies
searched with Coleman through the
rolling countryside near the Pennsy]l-
vania-Maryland border without success,
until on June 3, Maryland State Police
found Miller’s body off a road about ten
miles from Flintstone, Md.

There also is reason to believe that
Carl and Billy Isaacs may be involved in
still another Pennsylvania murder. On
January 22, 1973, Mrs. Ann Elder—
whose daughter is married to artist Nor-
man Rockwell’s son—was found dead in
her Stewartstown, Pa., home. Some
months earlier, Mrs. Elder had given the
Isaacs brothers a lift in her car when a
stolen car which the pair had been driv-
ing broke down. The Isaacs brothers and
their half-brother Wayne Coleman were

born in the village of Fawn Grove, not
far from where Mrs. Elder was killed.

Potential problems with legal aspects
of the fate of the accused soon arose.

The kinship between the state’s spe-
cial prosecutor, former Lieutenant
Governor Peter Zack Geer, who had
been named to take over the handling
of the state’s evidence, and the judge
who will be trying the case, his uncle,
Judge Walter I. Geer, will not disqualify
the judge, the special prosecutor said.

State Senator Julian Webb of Donal-
sonville told the court that he cannot
accept an appointment to defend Cole-
man because he had sponsored legisla-
tion to reinstate the death penalty in
Georgia and might be faced with the
necessity to argue against capital
punishment in the Alday case. That,
he said, would be unethical. Two other
attorneys were named in his place.

“It’s the worst thing that’s ever hap-
pened to me,” said one of them.

“I've done everything I can to get
out of it,” an attorney appointed to
represent Carl Isaacs said.

At this writing, the immediate future
of the four suspects is obscured by a
veil of official secrecy. On one point,
however, all law enforcement agencies
are in agreement. There is an “explicit
understanding” with Pennsylvania and
Maryland authorities that Georgia will
be given priority in trying the defen-
dants for mass murder. i

| ALWAYS WANTED TO COMMIT

manager, had been abducted, robbed
and shot to death in a tomato field on
the edge of the Everglades. A young
man had been sentenced to life for the
slaying after a girl accomplice told how
the victim was shot as he begged for
his life.

Felton could not have realized how
close his line of thought would parallel
the circumstances about to develop in
the case at hand.

The Dade County medical exam-
iner’s representative followed close on
the heels of the homicide officers in
the trek to the scene of violent death.
While the doctor made an on-site. ex-
amination, the detectives considered
the obvious implications.

“Going to be a tough one,” Felton
said. “No identification on him. His
wallet’s gone. That also means there’s
a good chance it was a robbery.”

It was a particularly gory slaying.
The back of the victim’s head looked
like a sponge, almost one-third of it
bloody and misshapen. The body lay
face down, so that the ghastly wound
was the first part of it that captured the
viewer's attention.

A MURDER continued from page 45

“Looks like a shotgun, more than
once,” Lawrence noted. “An execution-
style thing. See where all those pellets
went into the ground beside his head.
He must have been forced to lie face
down and then was shot.”

The dead man was wearing slacks
and a bloody sports shirt. Around the
body, footprints could be detected
faintly in the clay-lined soil.

“Td say more than one person had
stood around the body,” Felton de-
clared. “There .seem to be two sets of
footprints here, at least, plus any the
victim may have made before he was
put down.”

A mobile crime laboratory unit also
had arrived at the scene to take pic-
tures and measurements of the foot-
prints and other evidence. Officers and
technicians made a fine search for
clues in an area several hundred yards
around the body. They expected to find
an expended shotgun shell casing, a
scrap of paper from the wallet—at
least one item that would help in the
search for the killer or killers. They
found nothing. Nothing, that is, that
concerned the immediate investigation.

“There must a hundred old shell
casings around here,” Felton observed,
“but that’s just it—-they are old ones,
bleached by. the sun or rotted from the
swamp. We're looking for a fresh cas-
ing, one that would still smell from the
powder, because this guy couldn’t have
been dead very long.” |

In the meantime, as the officers com-
pleted their reports,.the public infor-
mation chief of the sheriffs office,
Ralph Page, issued a bulletin on the
discovery of the body and an appeal
to anyone who might have information

’ to call homicide.

The homicide team went back to
headquarters to start leafing through
missing persons reports, hoping for a
description that would fit the body
found in the Everglades. While they
were at that task, a call came in from
police at Homestead, a farming com-
munity on U.S. Highway 1 30 miles
southwest of Miami.

A Homestead officer said that the
description in the bulletin just received
there seemed to fit that of Donald
Schmidt, the assistant manager of the
Howard Johnson restaurant in that city.

“Schmidt disappeared Sunday night,
while he was on the job,” the Home-

5g aaa pee cas Cag

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bar 4

i
pin

stead officer reported. “A lot of the res-
taurant money disappeared with him
... about $2600 in receipts from the
safe. Another employee who was sup-
posed to meet him at Howard John-
son’s had found Schmidt’s car in the
parking lot. Looks like he was kid-
naped.”

Homicide took down a description
of Schmidt, a 38-year-old man who
lived with his wife in a trailer park
near Homestead, as well as of the
clothing he had been wearing when he
disappeared two days before the body
was found.

Then they went to the morgue,
where the body from the Everglades

was being examined, and checked it.

against the Homestead police descrip-
tion. Everything seemed to match—age,
features, build, dark-hair color and the
type fabric of the clothing. The corpse
subsequently was identified officially
by Schmidt’s boss.

Schmidt’s wife at the trailer park
had to be notified. She already feared
the worst and, after a while, she was
able to talk to officers and tell them
what she knew.

“Do you know what he probably
carried on his person?” an investigator
asked. “What did he have in his wal-

' let? Did he wear rings or a wrist
watch? The tan on his wrist indicated.

he wore a watch, but there was none
when we found him.”

_ Yes, Mrs. Schmidt replied. She had
given her husband a calendar watch,
one of those that noted both the date
and the day of the week.

“There was something about the
watch,” she said. “Don complained that
while the day of the week was always
right, the date would jump around.
He had intended to get it fixed.”

“Did he have any credit cards?”
Lawrence asked her. Schmidt carried
several credit cards, his widow replied,
and she tried to recall which ones
they were. She mentioned Master
Charge, a widely known credit card
accepted by thousands of businesses
across the nation.

When they had left Mrs. Schmidt,
Lawrence told his partner, “If the killer
uses that Master Charge card we may
be in business. That company is really
a good one on cooperating: in credit
card cases. They have a computer Sys-
tem that will spit out the sale practical-
ly as soon as the guy signs his name.”

He referred to the regional computer
used by Master Charge for its credit
card customers in the Miami area. One
of the detectives called in the name
and number of Schmidt’s card, taken
from his wife’s matching card, to the
Master Charge center in Miami.

“We will put this into the computer

and notify you the minute we get-a
hit,” an investigator for the credit card
center assured the detectives.

Next, the officers went to the scene
of the robbery and Schmidt’s abduc-
tion, the Howard Johnson Restaurant
at 1090 Homestead Boulevard, which
is also busy U.S. Highway No. 1, lead-
ing to the Florida Keys, a favorite
route for tourists and fishermen hurry-
ing to the green shallows where tarpon,
bonefish and trout abound.

Those vacationers and sportsmen
make up a good portion of the restau-
rant’s trade. Felton and Lawrence won-
dered if a transient among them of
more sinister bent was involved in the
Schmidt murder.

“No professional robber would take
that man so far away from the scene
... It must be 30 miles from Home-
stead back up there to the Trail,”
Lawrence said. “Why bother... with
all the farm fields around Homestead
where they could have put him down
just as well?”

But, on the other hand, the detec-
tives considered, the robber or rob-
bers might have been making a cross-
state getaway via the Tamiami Trail
and gone on to Naples, Sarasota or
Tampa on the Gulf Coast after dispos-
ing of their victim. That would make
the search that much more difficult.

HE Howard Johnson manager was

interviewed at the restaurant and he
said that Schmidt had been working
late that Sunday night, checking out
the receipts after the closing at 11
P.M., when he disappeared. Another
employee who had an appointment to
meet Schmidt found him gone, the
safe looted—but his car still in the
parking lot.

Had the manager seen any suspicious
persons in the restaurant before he left
some time earlier? :

“Well, not just before closing, when
I left, but, of course, we had all sorts
of customers during the evening,” the
manager replied.

“Some of them looked a little less
than prepossessing, but they might
have been fisherman returning from
the Keys, still wearing the clothes they
had on in their boats.”

Did the manner in which the safe
robbery was carried out indicate that
it might have been done by someone
familiar with the layout of the restau-
rant? The manager didn’t know, but
he remarked that it was odd how the
robber had waited until Schmidt was
alone, as if he knew that he would be.

“Of course, he could have been
watching the place,” the manager add-
ed. “That would have been easy,
watching from a parked car.”

The detectives made the usual check
on all employees on the restaurant pay-
roll at the time.

“We'll run through these, see if any
of them are known to the department
here in Homestead,” the officers told
the manager. “Might be someone who
works here, but we doubt it. More
likely a transient, or a former em-
ployee—a bus boy, say. Have you fired
anyone recently?”

The manager said that there had
been the usual turnover in a business
that has a reputation for quick tum-
overs. He pulled out the files to obtain
names, addresses and Social Security
numbers.

“Here’s a funny thing,” he said. “Fel-
low who worked here before I came
last year. He was the manager... and
he embezzled $6200. I believe it was
made good, though. Sullivan was his
name.”

The implication was obvious: a for-
mer employee who had embezzled that
much money might try for more, know-
ing that it probably would be available
in the safe. On the other hand, the de-
tectives reasoned, embezzlers seldom
turn into shotgun-toting killers.

Felton and Lawrence began the tedi-
ous routine of comparing reports of re-
cent robberies with that of the Howard
Johnson case. They also checked other
local departments in Dade County
around Miami and in cities both north
and south of the robbery and abduc-
tion point. —

Meanwhile the officers had work-
ing for them an ally that more than a
few times has paid off in a murder in-
vestigation—publicity about the savage
slaying of the restaurant official. And
that publicity produced a telephone
call.

“I'd like to talk to the detective
working on that Howard Johnson’s
case,” the male caller said somewhat
hesitantly to the secretary who an-
swered the telephone at the sheriff’s of-
fice. “You know, about the assistant
manager who got killed.”

The call was transferred to Felton, -
who eagerly arranged for a meeting
with the potential informant. Lawrence
also arranged to be present and the
two officers called on the young in-
formant at his home, where he told
them a fantastic story.

“I attended the University of Miami
a while back,” said the man, whose
identity was withheld by the officers
at that point of the investigation.

“One of the post-graduate students
I met there had a job as manager at
that restaurant, the Howard Johnson’s
in Homestead.”

The informant went on to say that
he had become rather friendly with

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Every Sunday night at Keith's, there is a single show which starts shortly after
midnight featuring Michael St. Laurent. These shows usually last about 90 minutes.
Upon arrival at Keith's on April 8th at 11:30 p.m., Bob Sullivan first talked to Billy
Harlow who was celebrating his 18th birthday that day. After purchasing a drink from
Peter and Mike's bar station, Bob bumped into Robert Porter whom he knew casually from
Boston. A few minutes later Thomas Murphy arrived. He, too, was from the Boston area
although Bob had only met him for the first time several days earlier at Tee Jay's Lounge.
Murphy had told Bob that he was a lawyer. As showtime approached, Bob and Murphy
decided to get a good table from where they could view the show together. Not long
after the show began, Bob said he received a note from Mike the bartender, hand-
delivered by the waiter, which asked Bob if they could talk during the show while Mike
was not busy. Bob excused himself from the table and walked the short distance to
Mike's bar station. After conversing with Mike for about 20-30 minutes, Bob re-joined
Murphy at their table until the conclusion of the show, around 2:00 a.m. Thereupon,
Bob and Murphy had drinks at Mike's bar station until Keith's closed at 4:00 a.m. After-
ward, Bob, Murphy, and Carmack drove separately to Tee Jay's Lounge in Hollywood.
Bob left Tee Jay's alone at 5:15 a.m. to return to the motel.

What Bob did on the evening of April 8th-9th is important because a robbery-murder
took place in Homestead during those hours. The distance from Keith's Cruise Room to
Homestead is approximately 40 miles. The crime was investigated by Officers Willock and
Tauriello of the Homestead Police Department. Willock's report indicates the crime started
sometime after 11:30 p.m. when Collette Rush left work leaving Donald Schmidt alone in
the restaurant's office. Debbie Lambert, another waitress, had left at 11:15 p.m. Most
unusually, both waitresses left via the back door, which had not been locked. Frank
Barden, the manager, told Willock that Schmidt had intended to join him for a drink at
the Holiday Inn lounge located next door to Howard Johnson's. Barden had spoken to
Schmidt at 11:15 p.m. by phone and learned that he was almost through work. Carol
Thomas said that she was with Barden at the Holiday Inn lounge from 9:00 p.m. until
about 12:10 a.m. Barden claims he decided to return to Howard Johnson's when Schmidt
didn't show up. Barden told Willock he arrived at Howard Johnson's at 12:30 a.m. and,
finding Schmidt's car still in the lot but with the restaurant lights out, he decided to go
inside to investigate. Schmidt was not present and over $2,700 was missing from the
bottom safe. The police report lists the call to them was made at 12:49 a.m. Officer
Willock listed Charles Gazzel, a former employee, as the suspect.

Schmidt had been in Florida working at Howard Johnsons for less than three weeks.
About one week before Schmidt's disappearance, he had fired Charles Gazzel on Barden's
instructions. The police reports noted that Gazzel had been hanging around Howard
Johnsons for a couple of days preceeding the crime. Gazzel shared an apartment with
two waitresses, Debbie Lambert and Janet Lee Witter. On April 8th, Ms. Witter reported
to the police that Charles Gazzel stole some jewelry and $200 in cash from her room.
Lambert reported nothing missing. It seems odd that Gazzel would steal from one room-
mate but not the other. Incidently, Lambert worked the counter on the night of April
8th. Gazzel disappeared on April 8th, on the same date the crime was committed. Coinci-
dence or...?

The Howard Johnson Company has certain strictly enforced policies intended to curb
inside theft and decrease the possibility of robberies, particularly at night. All of these
policies were fully known to Bob Sullivan due to his previous employment. For reasons
never explained but occurring ONLY on April 8th, nearly every critical policy affecting
security was ignored at the Homestead HoJo, as if it had been planned or intended.
Officer Willock learned that the following Howard Johnson policies were violated on April
8th; and only on that date: .

1) After closing, employees left by the back door. Policy requires the manager to let
customers and employees out the front door, which is to be kept locked after clos-
ing.

2) The back door was left unlocked after closing. The back door should be kept
locked at all times, especially after dark.

3) Regardless of the circumstances, no employee, including management, is permitted to
remain ALONE in the restaurant after closing. Schmidt was alone.

4) All HoJo restaurants are equipped with two safes. One is exclusively for the man-
ager's use while the second safe is used by certain designated employees including
the assistant manager. All excess cash on hand, including daily receipts, should be

held in the manager's safe.

A) All deposits of receipts should be made daily; however, there were three day's
receipts on the premises.

B) Since all excess monies should be in the manager's safe, why were three day's
receipts in the safe to which Schmidt had access, rather than in the manager's
safe or deposited in the bank?

How all of the above could occur on April 8th and ONLY on that night may be the
key to solving the crime. If it was controlled by someone, only the manager could con-

trol all of these different occurrences. For example, the manager, Frank Barden, is the
only person who could control the location of the receipts in the two safes. Referring
again to Willock's report, he stated, "In this officer's opinion, Mr. Schmidt was not
abducted. If there was an abduction, why was the safe locked, the back door was
locked, and the lights were turned off?" Homestead Police Officer Tauriello in describing
the office area noted, "there is no scene to process as the manager (Barden) molested
scene." (i.e. Barden's prints made lifting other prints impossible. )

There had been no attempt to conceal the body. Dr. Lee Beamer noted in the Medi-
cal Examiner's report that the cause of death had been two shotgun wounds to the head.
The crime lab had carefully preserved the tape which had been used to bind Schmidt's
wrists behind his back. Officer Ron Shuk processed the tape, from which he discovered
two prints of camparison value. These prints surely belonged to Schmidt and/or to his
killer(s). These prints were not matched to anyone, and clearly did not match Bob's.
Shuk claims he made no report on this comparison.

During Felton's investigation, he contacted Barden, who gave him the name of Rob-
ert Sullivan , a former manager of the restaurant. Barden did not give Felton any other
names, including Gazzel, which we find quite odd in light of Gazzel's disappearance on
April 8th after stealing money and jewelry from Janet Lee Witter. None of the Howard
Johnson employees named in this report had ever worked for Bob Sullivan, including
Barden, Schmidt, Gazzel, Lambert, Rush, Witter, or Thomas. In fact, none of these
listed employees had ever even seen Bob Sullivan.

Following Barden's suggestion, including where to contact Bob's family, Felton spoke
to Bob's father in Nashua, New Hampshire. Bob's father informed the police that his son
had departed on March 26, 1973. Felton inquired if Bob owned any weapons to which
Bob's father responded yes, mentioning he had a twelve guage Parker shotgun. Felton
did not actually make Sullivan a suspect until he learned that a person matching Bob's
description had used Schmidt's Mastercharge card. According to Sgt. Felton's report,
none of the store clerks were able to identify Bob Sullivan as the user of the victim's
credit card. An anonymous caller asked for an officer working on the Schmidt murder;
Det. Lawrence accepted the call and was told to go to Keith's Cruise Room where Robert
Sullivan could be found nightly around midnight. Sullivan's name had never appeared in
the Miami media in any form prior to his arrest. Barden's pulling Bob's name out of a hat
followed by the anonymous calls looks like a set-up to us, particularly in view of Bar-
den's later disappearance, which will be fully described later.

: Felton tried to acquire a local arrest warrant for Bob but was unsuccessful due to
insufficient evidence. Remembering that Bob's employer desired to speak to him about his
possible knowledge of $6,000 missing from the Sheraton Wayfarer sales department, Felton
used this to get a New Hampshire warrant issued on April 16, 1973 for Robert Sullivan's
arrest. Incidentally, no one ever contacted Bob regarding the missing funds, and Bob
denies that he had any part in taking the missing funds. With a New Hampshire warrant,
a stakeout was ordered by Felton for the night of April 16th at Keith's Cruise Room.

Felton made no attempt to contact local authorities despite being out of his jurisdiction in
Broward County.

A car belonging to Bob Sullivan arrived at Keith's shortly before midnight on April

16th. Three persons, Gilbert Jackson, Reid McLaughlin and Robert Sullivan, left the car
and entered the lounge.

The three persons remained at Keith's until closing at 4:00 a.m. Officers Felton,
Lawrence, Jones, and Aquirre, using two vehicles, tailed Sullivan's car. As soon as
Bob's car crossed into Dade County, the police pulled Bob's car over. There was no
resistance. There are conflicting versions of who said what at the arrest scene. Felton
claims that Bob was read his rights and at no time did he request an attorney. Felton
acknowledged that Bob asked for a drinking buddy, however. Bob swore that he re-
peatedly requested an attorney named Thomas Murphy, whom he had left at Keith's only
moments before. Felton also claims that McLaughlin volunteered to go to the police station
and at no time did he request an attorney. In contrast, McLaughlin said that he was
forced to go to the police station and that his request for an attorney was denied. In
January, 1981, Virginia Snyder questioned McLaughlin shortly before his March 17, 1981
parole. He didn't offer much help other than recalling from the arrest scene that he
heard the police refuse Bob's request for an attorney. Gilbert Jackson was the third
person in the car at the time of arrest. Jackson was returned to the motel and released
because McLaughlin had indicated that Jackson had arrived in Miami a few days before the

date of the crime. According to Bob, however, Jackson actually arrived in Miami on
April 6th.

After Bob realized that Windsor had not done any investigating, Bob prepared and
filed on September 13, 1973 his own motion asking Judge Cowart to discharge Windsor due
to his ineffectiveness. Bob had picked up from more experienced prisoners how to file
such a motion. Bob's intention was to change counsel before the critical Motion to Sup-
press Hearing which would determine whether or not the statement given by Bob to Sgt.
Felton would be admissible evidence in a trial. Judge Cowart delayed ruling on Bob's
motion and held the motion to Suppress Hearing on September 20, 1973 as scheduled.
Bob wanted the Suppress Hearing to show that his constitutional right to counsel had
been trampled on by the police and to put the statement's content under the microscope
to show that it was a sham. Bob's intended strategy for the Suppress Hearing included:

i) Using the five alibi witnesses to demonstrate that Bob could not possibly have par-
ticipated in Schmidt's murder.

that area on the night of the crime with negative results since the Trooper could not
identify Bob's car.

4) Using a Howard Johnson executive to explain all of the policy violations that occur-
red on April 8, 1973, Bob felt that Cowart would conclude that he would have ex-
pected policy to have been enforced and that so many violations occuring on April
8th indicated an inside set-up.

5) Using Thomas Murphy to show the person whom he requested as an attorney had

been with him only moments prior to the arrest. (Murphy would also be an alibi
witness).

6) Using Gilbert Jackson, provided he could confirm that Bob had requested an attor-
ney at the arrest scene, and the police refusal to contact lawyer Murphy.

could apply both to the Suppress Motion and the trial, many other areas could have been
explored, some of which are as follows:

1) Question all Homestead Howard Johnson employees who had worked the night of April
8, 1973.

2) Question John Luchek to determine if he had any knowledge of or involvement in the
crime, as McLaughlin had led Bob to believe.

3) Obtain an itemized list of all missing items taken from the victim.

4) Carefully check all physical evidence including prints, footprints, tire iron, a mis-
sing shoe, comparing tape owned by Bob to that used in crime.

5) Fully investigate Frank Barden, the Homestead HoJo manager.

6) Attempt to locate Charles Gazzel to see why he fled on date of crime.

7) Investigate for two possible set-ups.

8) Contact William Jenner regarding his pistol.

9) Check validity of New Hampshire warrant.

10) Interview jail prisoners Sheley and Meisenholder, since what McLaughlin had told
them included saying Bob was not involved in the crime.
i i i have expected
11) Investigate Howard Johnson policy and point out that Bob would not
: so oo violations to occur, and that someone working there probably had orches
trated them. Further, since Bob Sullivan knew the lighting system, it is unlikely he
would have turned them off improperly.

To the best of our knowledge, neither Windsor nor Dean attempted to investigate any of
these areas. Finally, no one ever bothered to check out Bob's alibi!!!

A pre-trial conference was held on November 2, 1973 at which time Denis Dean re-
bagi Continuance which Judge Cowart denied. In part, the Continuance was aga
upon Dean's inability to depose Frank Barden who had changed his place of residence i
his job without informing his Probation Officer during the preceeding week. Procee ned
with the pre-trial conference, the prosecutor, Ira Dubitsky, and Denis Dean entered into
a series of stipulations, in each of which, both sides acknowledged there was no dispute.
Among these stipulations, Denis Dean agreed to the following:

1) The victim's identity.
2) Time and place crime(s) occurred.
3) That Bob had signed for and possessed the victim's Mastercharge card at arrest.

4) That at arrest Bob's car contained a shotgun and shells, roll of white adhesive tape,
one pair handball gloves, and a pistol belonging to William Jenner, discovered in the
glove compartment.

5) That proceeds from the robbery were found in the motel room which Bob shared.
6) That Bob had the victim's watch on his wrist when arrested.

7) That Bob's car possessed a tire iron
located in the trunk.

8) That the cause of death was gunshot wounds to the head.

in two key areas:
a) whether or not there was a bludgeoning, and

b) as to the number of shots, two or four.

Frank Barden's testimony included much of what had been recorded in Officer Wil-
lock's report. There was a major exception and Dean never confronted Barden with it.
The call to the police was made at 12:49 a.m. To Willock, Barden claimed that.he re-
turned to Howard Johnson's around 12:30 a.m. By the trial, Barden altered his story by
saying he returned to Howard Johnson's at midnight and the call was made immediately.
Barden may have altered his story to coincide with his alibi, since Carol Thomas revealed
that she had been with Barden at the Holiday Inn lounge from 9:00 p.m. until 12:10 a.m.
Dean should have made Barden account for his whereabouts from 12:00 a.m. until 12:49
a.m. -- a 39-49 minute gap -- but he did not. Dean did, however, attempt to inform the
jury that Barden had fled Miami on June 4, 1973 (coincidentally the same date on which
Barden had been scheduled to appear as a State witness for Bob's arraignment), in
possession of six day's cash receipts taken from the Homestead Howard Johnson's. When
the State objected to questions covering Barden's fleeing and embezzlement, Judge Cowart
ruled the witness did not need to answer those questions. (Note: after Barden stole the
money, he fled to Las Vegas where he was apprehended by the police and returned to
Miami. Prior to Bob's trial, Barden had received probation with adjudication withheld
provided that he made restitution. We strongly feel that the jury deserved to explore
why Barden stole six day's receipts and fled on June 4th.)

suitcase was his. Through Felton, the State also introduced a watch and Mastercharge .

card found in Bob's possession at the time of arrest, to which Denis Dean had stipulated
had belonged to the victim.

The final State witness was Reid McLaughlin who was AWOL from the Marines. Mc-
Laughlin claimed Bob recruited him to travel to Florida for the purpose of committing "a
perfect crime." McLaughlin said that Bob paid for his expenses, that Bob took Jenner's
pistol having known where Jenner kept it, and on April 8th, Bob decided they'd commit
the crime on that date. McLaughlin described arriving at Howard Johnson's at 10:00
p.m., said that Sullivan sent him inside to get a take-out order for the purpose of count-
ing the employees on duty to enable them to know when the manager would be alone.
After all employees but Schmidt had gone home, McLaughlin testifies that he and Bob
entered via the back door, found Schmidt alone in the office, forced Schmidt to give the
safe combination, and while Bob opened the safe he took Schmidt's watch and wallet.
Taking Schmidt with them, Bob turned out the lights and shut the back door, according
to McLaughlin. Once inside Bob's car, McLaughlin said he bound Schmidt's wrists with
adhesive tape furnished by Bob. They drove to the Tamiami Trail and headed west.
When they finally stopped, McLaughlin said a State Trooper stopped to give assistance;
however, McLaughlin claims he told the Trooper he had merely stopped to go to the
bathroom. The Trooper departed. From there, they drove to a target range off Krome
Avenue. According to McLaughlin, everyone got out of the car, at which point Sullivan
pulled out a tire iron and struck Schmidt twice on the head, took the shotgun from
McLaughlin, and Sullivan shot Schmidt in the head four times at point. blank range. They
returned to the car at which point McLaughlin said Sullivan uttered, "I don't feel no
different." Dean's cross examination was ineffective. While probing McLaughlin's plea
bargain, Dean allowed him to describe the arrangement as including the taking and pas-
sing of a polygraph test. Judge Cowart denied Dean's motion for a mistrial. This ob-
viously left the impression with the jury that McLaughlin had already taken and passed a
polygraph test, which enhanced his credibility greatly. The matter was. dropped. The
jury was not advised to disregard the polygraph reference. But much worse, the jury
never knew that McLaughlin had failed the majority (4 of 7 questions) of his polygraph
test, nor did it stop the prosecutor from using perjured testimony!

Ron Shuk, a police fingerprint expert, was the defense's fi i
huk, ‘ nse's first witness. Shuk in-
lon the jury that he had discovered the existence of two prints of comparison an De
. ie snl engi yeas ty of the victim. Shuk testified that he compared those
: € tape to these belonging to Donald Schmidt, Reid McL. i
Sullivan, however, he was unable to match either print! — ee

The defense's final witness was the defendant, Robert Sullivan, who
pape given to Police. Bob swore that he did not participate in the scro balaie
of Donald Schmidt in any way. Much of Bob's testimony was in direct conflict with prior
witnesses Felton and McLaughlin. Nevertheless, Dean called no further witnesses to
ks atta gc h! version. There were many conflicts and we'd like to paraphrase key
sec > rom Bob's trial testimony. In refuting the statement given to police, Bob dis-
cussed all of the areas where it was incorrect based upon the facts -- such as the dis-

parity between the number of shots. In ini
ining eae a talon coe explaining why he gave an erroneous statement,

1) Bob believed at the time, based upon one of McLaughlin's assorted versions of the

crime, that a very close personal friend n i i
Bab Win Moin epee amed John Luchek had killed Schmidt, and

2) Bob gave a purposely false statement b i i
, : 3 y deliberately adding false information, fig-
uring it would protect himself while also protecting Luchek. Bob felt when the
statement's content was examined, it would be evident it was a total sham.

3) Bob gave into excessive police pressure due to considerable duress and strain. When

having been refused an attorne i i
ed y Bob feared the police were serious. Accordin to
John Crabtree, giving a false statement under these stresses fits into the plese

4) Bob felt certain that no statement could i
d ever be used against him beca
been denied a request for an attorney. What Bob didn't know then wae Oe the

police would have to confirm that they violated 's ri i
right's violation to be acknowledged. “i ei

Bob never realized how his thinkin i

E : y J g at the time, clouded by booze and fear, would
backfire with such devastating impact. In addition to refuting the statement Bob went
on to explain many other conflicts as follows: :

1) Bob pointed out that McLaughli i
5 ghlin approached h i i
agreeing to share expenses fifty-fifty : ee ere ees -

2) Bob stated t i | i i
ee Oia he did not take Jenner's pistol. Rather, McLaughlin stole it un-

3) Bob explained how McLaughlin had loaned him a watch when his watch had stopped.

Bob says the first time he learned the watch h i i
the arrest, as described by Sgt. Felton. Ch NORRIE peste a.

4) Bob explained that McLaughlin tricked him into using the victim's Mastercharge card.

ena og produced a credit card on April 9th, telling Bob that its owner had
rae a ri card to him in order to buy some new clothes for a trip. At the time
pe us : owed Bob over $200.00 as his share of the motel bill. McLaughlin asked

ob if he'd accept purchases from the credit card in lieu of his debt to Bob. Not
wanting to get stuck for the full bill, Bob decided a bird in the hand was worth two
in the bush. As a result, Bob made purchases on April 9-10th with the credit card
without any knowledge that the card belonged to a man who had been murdered
(Please note that Bob had direct experience using control measures by credit card
companies governing stolen cards so, if he had murdered Schmidt, why would he
use the victim's credit card -- including two purchases exceeding $25.00 which would
require the store to call via an 800 number to get a purchase authorization number?

5) Bob explained that he first learned of i i
ob t the crime on April 10th, 1973, upon i
si News story headlined ; "Robbery, Abduction, Murder", which fea the
~ < of Donald Schmidt. Bob realized then how he had been set-up and entrap-
a. bs bates i iagscsesin! due to the credit card usage. Although Bob confronted
i 1 the newspaper story, Bob was unsure what really ha
McLaughlin described several different versions of the crime chek aifercae ey
ways from the others in method and participants. : :

6) Explaining why he did not i i
: go to the police, Bob said the reason was f.
bo police would not believe how he came to use the credit card of Donald fon
nd wanting nothing to jeopardize the new job. Therefore Bob did nothing, not
wanting to be dragged into a crime that he did not commit. ‘

The entire trial consumed less than four workin i €
g days, two to pick the jur
ene po case. On November 8, 1973, the fourth day, both sides gave aoe ae
: € jury returned a guilty verdict after deliberating for less than two hours.

decide for yourself, using all the known facts. I am confident you will conclude that
much more than a reasonable doubt exists to support my innocence. Should you reach
such a conclusion, I hope and pray that you will consider supporting RASLDF. We
desparately need additional funding to pay for additional investigation, which costs two
hundred fifty dollars a day, plus expenses.

Investigation is the only effective means to accumulate sufficient new evidence and/or
witnesses which would be potent enough to convince the courts to order a new trial.
Contrary to popular belief, for indigents like myself, a state's legal obligation to furnish
counsel ceases at the conclusion of the first appeal step. My first appeal (see Appendix
A) ended on November 27, 1974. Therefore, if I am ever to have the opportunity to
demonstrate my innocence in a court of law, it must come about as a result of private
donations.

Time has become a critical factor working against us. Not only must we fight the
conviction, but also prevent the State of Florida from legally murdering me. I possess
the dubious distinction of having been the man condemned to die for a longer period of
time than any other person similarly sentenced in America. On May 31, 1983, I marked
my 3700th day of imprisonment. Time quickly appears, tick, tick, tick, to be running
out for many condemned prisioners who have nearly exhausted all of their guaranteed
appeal steps. In Appendix A you can see how my appeal has advanced to the last pos-
sible appeal court, the US Supreme Court (USSC).

Additional involuntary executions in the U.S. similar to John Spenkellink, Charlie
Brooks and John Evans are inevitable. It's only a matter of time, possibly a year or
less, I fear, before the execution floodgates open. I surely want to avoid such a horri-
ble death. Execution by electrocution, and especially the barbaric ritualistic preparations
of the condemned, is mind-boggling.

I consider myself fortunate to finally have an able and dedicated attorney, Roy E.
Black of Miami, to represent me. Roy describes in Appendix B why he volunteered his
services to defend me. Any attorney can only be as effective as the material with which
he has been provided. More often than not it is the backup personnel who are the
persons most responsible for a legal victory in court. A case in point was that of Dr.
Sam Sheppard, who was convicted of murdering his wife. Attorney F. Lee Bailey used
the documentation made by an expert criminologist, who proved through blood-stain
patterns that Dr. Sheppard was not his wife's killer, which was the vehicle for a new
trial at which Dr. Sheppard was found not guilty! Thus far we have not been able to
afford the luxury of hiring an expert criminologist.

Our goal is very similar. If I am to have the chance for a new trial, we must raise
many thousands of dollars in order to pay for complete investigation of my case. We use
the services of Private Investigator Virginia Snyder when our budget permits. Her
unique investigative style was featured on the NBC Today Show on January 7, 1982, and
the David Letterman Late Nite Show on June 23, 1983.

After reading the following presentation, if you also believe that I deserve another
day in court with an opportunity to prove my innocence, I ask that you kindly consider
supporting my cause with a financial contribution. Thanking you in advance for your
consideration.

Respectfully submitted,

Robert Austin Sullivan
#039870

P.O. Box 747

Starke, Florida 32091

In addition to Roy Black and Virginia Snyder, I would like to offer a special thanks
to Kenny Trainor, Linda Radin, Richard Carr, Scharlette Holdman, Joe Ingle, Dr. Ralph
Walker, Anthony Amsterdam, Margaret Vandiver, and most of all to Ralph Jacobs for their
loyalty, friendship, help and support throughout this ordeal.

Il OBJECTIVES OF ROBERT A. SULLIVAN LEGAL DEFENSE FUND

several attorneys (including a former district attorney), many clergymen, and countless
others. We'd like you, too, to join our cause as well, in some way, if only in spirit or
prayer.

The problems facing RASLDF are many. Investigating a crime that occurred in 1973
multiplies the difficulties in trying to track down key witnesses. There are at least 12
more prospective witnesses whom we need to locate for questioning. In 1974, the trial
judge ordered the clerk to destroy all the evidence from the trial which further compli-
cates our job. To track down those persons will be a very costly operation, and a neces-
sary one if Bob Sullivan's case is ever to be adequately and completely investigated for
the first time.

There is a saying that there are no rich people on death row. The level of effec-
tiveness of a defense is in direct proportion to the amount of money and effort expended
on it. The richer a defendant, the better the defense, which consequently reduces the
possibility of conviction and/or maximum sentence. Clearly, Bob did not have an ade-
quate trial defense, and we blame Denis Dean, whose entire defense consisted of two
witnesses -- incredible?? Based upon what our investigation has already produced, any
lawyer worth his salt would have subpoenaed at least fifteen persons as defense wit-
nesses, in order to impeach State witnesses and/or to corroborate Bob's trial testimony.

Every person affiliated with RASLDF has donated their time without compensation.
Other than reimbursement for out-of-pocket expenses, all contributions are forwarded to
Roy Black who in turn uses the money to pay for his expenses to defend Bob and to -
retain the services of competent backup personnel, such as Virginia Snyder, as funds are
available. Previous contributions have achieved very measurable progress. Nevertheless,
this progress has not yet been sufficient to convince the court(s) to order a new trial.
We'd like to financially be in the position to turn Virginia loose to complete all possible
investigations instead of random selection dictated by budgetary limitations. We appeal to
you to please support the efforts of RASLDF.

Time is no longer our ally; it has become our enemy. Unless we are able to soon
find significant additional witnesses and evidence, the danger exists we could lose Bob to
Florida's executioner! While time still permits, we need many thousands of dollars to
apply to investigation. If Bob's appeal should lose at the United States Supreme Court
(see Appendix A), Governor Bob Graham can be expected to swiftly sign a second death
warrant against Bob. Bob's Writ of Certiorari to the U.S. Supreme Court should be filed
during the summer of 1983. Efforts also are underway in the hope of seeking a sentence
commutation from Governor Graham. The ONLY possible means for us to prevent Bob's
execution, if a second warrant is signed, would be to convince the courts that we had
discovered sufficient NEW issues which had a substantial likelihood of success legally in
order to justify the court(s) to issue a Stay of Execution. We need to be ready to meet
those standards, if necessary. Everyone affiliated with RASLDF hopes that you will help
our cause.

Sincerely ,
Ralph L. Jacobs
Director RASLDF

Ill THE CASE HISTORY

Sullivan and McLaughlin departed Boston on March 26, 1973 in Bob's car, a light
green 1969 Cadillac convertible. They arrived in Miami on March 28th. The travel and
motel expenses were to be divided equally. A third person, Gilbert Jackson, who was
known to both Bob and McLaughlin, flew to Miami on April 6th and joined them at the
motel. On April 8th, according to Bob, McLaughlin and Jackson departed the motel
together in the early evening. Someone named Tom, McLaughlin told Bob, was picking
them up to go bar-hopping.

Robert A. Sullivan, #039870
P.O. Box 747

Cell #S-2-N-16

Starke, FL 32091

August, 1983

Dear Friends and Supporters,

This letter will be among the hardest letters that I have ever written
at any time in my life. I feel it is appropriate at this time to write
something to all of you. But it won't be easy, I can assure you. Please
accept these words spoken from the heart.

I have lived on death row ever since November 14, 1973. When I came
here, I was a sadly naive young man of 26. A portion of the reasons why
I was wrongfully convicted of a crime that I did not commit was due to my
extreme naivete combined with trusting the wrong people. I have made a
lot of mistakes in my life, including several which helped to contribute to
putting me on death row. However, please know that my conscience is 100%
clear regarding the crime for which I stand convicted. I want you to hear
directly. from me that I had no role whatsoever in the robbery-murder of
Donald Schmidt. And that's the solem truth!

I have tried my utmost during this ten year time span to mentally control
bitterness from clouding the task at hand. I wanted no negative emotions to
interfere with my obsession striving always to prove my innocence, a goal
that I've realized for a long time would be difficult to achieve. I have had
my good days and my bad days just like anybody else. Frustration is probably
the single greatest mental obstacle in one's path to deal with while living
on death row. Idle time leads to wondering and worrying which breeds frus-
tration. As Camus wrote, "There is no such monster on the streets."

Persons on Florida's death row are confined to 6 x 9 foot cells 24 hours
a day except for one 2 hour session of outdoor exercise per week. So much
idle time all too easily leads into worry which in turn increases the tensions
and stresses. In spite of all these mountains that I have been forced to
climb, I honestly believe that I have improved myself mentally in many ways
in a gale-force wind of adversity. Few people on the outside truly realize
and comprehend how incredibly great are the mind-boggling pressures of life
on death row on a day to day basis. I guess that makes me a survivor? Not
only have I endured whatever pure brutalizing hell the State of Florida has
thrown at me starting in 1973, but also I feel strongly that I have construct-
ively used the time wisely in order to measurably improve myself from within
through my mind.

I have totally refused to permit the State to defeat me mentally or to
dim my spirits. It is as simple as that! I have bent at times under great
strain, but I shall never break. Others have, however. It comes with the
territory. Also, I fear the pressures will grow much, much worse here when
executions inevitably become more frequent in Florida and elsewhere.

Among the factors that have enabled me to endure so well over the years,
has been the CARING directed toward me by my friends and supporters on the
outside. It is hard for me to explain, however, it simply is a darn good
feeling to know that so many people really care about me. This fact has been
demonstrated repeatedly. Unfortunately, many of the persons on death row
are very poorly equipped to help themselves legally, etc., due to lack o
education. :

In particular, I want to use this opportunity to thank three people whose
efforts have greatly helped to keep me alive and fighting for this long; they
are Ralph Jacobs, Virginia Snyder and Professor Anthony Amsterdam. To each of
you - THANK YOU! There are many other persons who are too numerous to list
here who also have helped me so very much. To each of you, I shall be very
deeply indebted to you forever. Thank you.

Robert A. Sullivan, #039870
P.O. Box 747

Cell #S-2-N-16

Starke, FL 32091

August, 1983

Dear Friends and Supporters,

This letter will be among the hardest letters that J have ever written
at any time in my life. I feel it is appropriate at this time to write
something to all of you. But it won't be easy, I can assure you. Please
accept these words spoken from the heart.

Persons on Florida's death row are confined to 6 x 9 foot cells 24 hours
a day except for one 2 hour session of outdoor exercise per week. So much
idle time all too easily leads into worry which in turn increases the tensions
and stresses. In spite of all these mountains that I have been forced to
climb, I honestly believe that I have improved myself mentally in many ways
in a gale-force wind of adversity. Few people on the outside truly realize
and comprehend how incredibly great are the mind-boggling pressures of life
on death row on a day to day basis. I guess that makes me a survivor? Not
only have I endured whatever pure brutalizing hell the State of Florida has
thrown at me starting in 1973, but also I fccl strongly that I have construct -
ively used the time wisely in order to measurably improve myself from within
through my mind.

I have totally refused to permit the State to defeat me mentally or to
dim my spirits. It is as simple as that: I have bent at times under great
strain, but I shall never break. Others have, however. It comes with the
territory. Also, I fear the pressures will grow much, much worse here when
executions inevitably become more frequent in Florida and elsewhere.

Virginia's efforts have chipped away another portion of the State's
case which was used to help convict Bob in 1973 (SEE: November 1983 RASLDF
newsletter, p. 4, #4). Bob was accused of wearing the victim's wrist watch
at the time of his arrest. The pre-trial review of the case by Denis Dean,
Bob's court-appointed trial attorney, failed to uncover any conflict with re-
gard to the victim's watch brand. Therefore, Dean stipulated as uncontested
fact that the Waltham watch Bob had worn at arrest belonged to the victim.

In addition, Sgt. Felton and Reid McLaughlin (originally charged as Bob's
co-defendant) both testified for the State during the trial, that Bob was
wearing the victim's watch at arrest. Certainly, most juries would definitely
hold circumstantial evidence of this kind against a defendant.

In contrast, at the trial, Bob testified that Reid McLaughlin had loaned
the Waltham watch to him when Bob's Bulova watch had stopped working. Bob
swore that he had no idea of the Walham watch's origin. We draw your attention
to all of these points in light of a significant investigative breakthrough
made by Virginia Snyder on June 19, 1983. Incidentally, such an investigative

undertaking would not have been possible without funding by YOUR contributions
to RASLDF.

From 1973 to 1982, everyone assumed that Felton and McLaughlin had spoken
the truth when they testified the Waltham watch that Bob had been wearing at
arrest was the victim's stolen watch. In 1982, Virginia Snyder uncovered
a police report that no one on Bob's defense team had ever seen before. The
author of the report was Officer Tauriello of the Homestead Police Department.
Officer Tauriello interviewed the victim's widow for the purpose of obtaining
descriptions of all the items her husband had been wearing on the night of
the crime. Tauriello's report listed the victim's watch brand as a TIMEX!

This discovery created a watch brand conflict that needed corroboration.
The only place to turn was to the victim's family. On June 19, 1983, Virginia
spoke to a member of the victim's family, the brother-in-law of the victim,
in the hope of clarifying the watch conflict. The brother-in-law firmly told
Virginia, "It was very definitely a Timex." He added, "At that time, they
had really questioned her [the widow] on this watch deal."

That information establishes that the Waltham watch Bob was wearing when
arrested was not and could not have been the victim's Timex watch. This fact
is very important for several reasons beyond resolving the conflict itself.
Credibility is one such reason: Bob's credibility goes up, while both Felton
and McLaughlin lose credibility, since we proved they lied about the watch.

In legal terms, that is called perjury! Because the widow had been questioned
extensively about the watch brand, it seems highly probable the police had to
have known that Bob wasn't wearing the victim's watch. Close examination of
Felton's report reflects that each place in the report where the watch brand
was listed, had been altered and re-typed. Therefore, this discovery strongly
Suggests that Sgt. Felton not only committed perjury, but much worse, due to

Over-zealousness Felton apparently calculatedly manufactured inculpatory evidence.

Since the police created evidence once, we wonder what other tampering they
may have done? Without a doubt, this all reveals again that Bob did not
receive a fair trial.

You may recall from the November 1982 RASLDF newsletter that out-of-
State law enforcement was interested in Bob's case. On July 20, 1983, a
homicide investigator with 16 years experience wrote Bob: "I personally think
that you were indeed set-up and if I can find anything that can possibly

= of help to you, I will certainly see that it is placed in the proper
ands."

In most areas where we have been able to afford to thorouglly investigate
we have succeeded in uncovering useful exculpatory material. We still have
many more stones that need to be turned over. But there could be very little
time in which to do it. Won't you please help us to do more badly needed
investigating before it's too late?

Recent United States Supreme Court Rulings

The 1982-83 USSC term ended on July 6th. During the USSC's final weeks,
the Court made three important rulings that affect capital cases on appeals.

All three cases LOST. The combined effect of these legal setbacks should
make it easier for the states to administer their capital punishment laws.

Each case created the following new law:

A) Barefoot was a Texas case in which the USSC attempted to create some
guidelines for the federal courts to follow whenever a capital appeal
seeks a Stay of Execution in order to block a pending death warrant.
This ruling states that a federal judge may deny the Stay Application
if the issues presented are without legal merit. Also, by this ruling
federal judges may expedite hearings on a case and/or rulings thereon.
This decision probably will result in executions in occasional cases
which slip through the cracks during first time warrants and will speed
up other capital cases passing through the federal court system.

B) Stephens was a Georgia case in which the state had appealed to the
USSC after Stephens had won in the US 11th Circuit Federal Court of
Appeals. The question presented in Stephens to the USSC was whether

the death sentence must be vacated because one of three statutory —
aggravating circumstances found by the jury was subsequently invalidated
by the Supreme Court of Georgia, although the other two aggravating
factors were specifically upheld. In reversing the 11th Circuit ruling,
the USSC held that the subsequent invalidation of one of several
statutory aggravating circumstances does not automatically require reversal
of the death penalty, having been assured that a death sentence will

be set aside if the invalidation of the aggravating circumstances makes
the penalty arbitrary or capricious.

C) Barclay is a Florida case. This decision dealt with the sentencing
phase in Florida capital cases whereby the trial judge erred by either
misapplying: (1) an incorrect statutory aggravating circumstance, and/or
(2) applying a non-statutory aggravating circumstance. Using Barclay,

the USSC held that appellate courts may re-weigh the aggravating vs.
mitigating circumstances and deny the appeal on its merits if the error
did not affect the outcome. This would then fall into a so-called harmless
error category if the new balanwe struck after the improperly considered
aggravating circumstance was eliminated, could not possibly have
resulted in a different sentence. Simply stated, errors among the applied
aggravating factors do not automatically require a complete new
sentencing review.

These three rulings will probably expedite some executions. It is to be
noped that they will not trigger the opening of the execution floodgates. The
sarclay ruling appears to have undermined one of Bob's better appeal issues
that could have been presented to the USSC. If Bob's case is forced by circum-
stance to enter a second round of appeals, the Barefoot ruling could make it
even harder to obtain a Stay in round two of appeals.

Among Florida capital cases that have had death warrants in effect after
the Barefoot ruling, both Miller and Jent succeeded in earning Stays from a
federal district judge on July 18th. On August Sth, Governor Bob Graham
signed second death warrants against James Raulerson and Willie Darden. Both
executions are scheduled for September 7th. These two appeals will provide
a very stern test for the post-Barefoot impact on Florida capital appeals.

Pleas: 1ot misinterpret this letter to be a sign that I am giving
up. I am not quitting. Nevertheless, because I am a realist, I just do
not know what the future has in store for me. Starting in October, things
could happen very fast to affect me, and for the worst. Therefore, I wanted
to take advantage of this newsletter in order to personally express certain
feelings to you just in case the worst does in fact occur. I hope and pray
that this is not my goodbye letter, but I could be executed as early as .
November which is very frightening for me to ponder. I can promise you that
I shall continue to put forth the very best darn fight of which I am humanly
capable. Your help could aid us to delay that end result or to win outright.

As Ralph Jacobs has very clearly spelled out in the newsletter to follow,
we really will be in a severe financial bind by September. Legal expenses
simply are dam high. I sincerely hope and pray that you will consider
helping us again if you can. Your support for RASLDF over the years has made
an enormous difference. We have come a long way using investigation, but
.it simply has not been enough to convince any court that relief is justified.
I still remain confident that with a few more major exculpatory discoveries
such as the alibi and the watch conflict (explained below), we will be in a
stronger position to gain a legal victory. I will never let the dream die;
however, I need YOUR help in order to make the dream into reality. The ONLY
way for us to achieve this type of end result would be to pump several
thousands of dollars into more investigation by Virginia Snyder. Please help
me to live, if you can.

I am not afraid of dying, but the mere thought of being executed in
a horrible, horrible way is mentally numbing to me. I'll spare you the rather
gruesome details of the preparations for an electrocution, other than to say
they boggle the mind. But that's precisely what will happen to me unless
we can make a late rally. I do not want to be legally murdered by the State
of Florida for a crime that I did NOT comit.

I have no idea what is going to happen between now and November. I do
want to personally tell each of you how very much I have appreciated your

friendship and support. It has meant more to me than I could ever adequately
express in words alone.

I would like to share with you a few favorite passages which express how
I feel in far more eloquent terms than I could ever write myself:

Judge Roberts of the New York Supreme Court wrote: "Our criminal justice
system is fallible. Capital punishment is irreversible. The possibility of
a mistake exists. If the State ever executed the wrong man, then all of the
citizens of that state would be murderers."

On August 23, 1977, Governor Michael Dukakis of my home state of Mass-
achusetts issued an executive proclamation regarding the Sacco and Vanzetti
case; both of these men were executed. A passage stated: "This proclamation
will not wipe out their pain, nor is it meant to help us forget their cause.
What it will do, I hope, is to say to the world, an injustice was done, an
injustice we must never repeat."

In 1981, the U.S. Senate considered a federal capital punishment Bill.
During committee hearings on the Bill, Senator Edward Kennedy (MA)
submitted a statement, a portion of which I'd like to quote for you. ''Impos-
ition of the death penalty leaves no room for mistakes. No matter how well
qualified the trial judges and well intentioned the juries, the criminal
justice system is run by people and people make mistakes. No matter what
procedures are used to determine the appropriate cases for the ultimate
penalty of capital punishment, innocent persons will be condemned to die."

The last quote is one that I feel puts it all into clear perspective.
The famed legal scholar Clarence Darrow wrote this passage: ‘You can only
protect your liberties in this world by protecting-the other man's freedom.
You can only be free if I am free. The same thing that would get me may
be used to get you."

Thank you for your attention and consideration. I hope I/we will
touch you in some way, because in reality it does no good to just read
our plea unless you become sufficiently aroused to do something about it.

As always,
Bob Sullivan
ROBERT AUSTIN SULLIVAN c/o Ralph Jacobs, Director
LEGAL DEFENSE FUND 53 Leicester Road
RASLDF NEWSLETTER Belmont, Mass.
AUGUST, 1983 02178

Welcome to GCADP

Robert Austin Sullivan Legal Defense Fund would like to welcome Gaines-
ville Citizens Against the Death Penalty members to our mailing list. Some
members of GCADP, who correspond with Bob, have graciously made available to
RASLDF the GCADP mailing list believing that its members would be interested
in our literature. We sincerely hope that GCADP members will find our news-
letters to be informative reading and will consider our plea. Briefly, _
RASLDF was created in 1977 by several of Bob's friends, who decided to commit
themselves to try to make a difference after Bob's court-appointed trial
lawyer had abandoned him. Our efforts have enabled Bob's defense to pursue
costly investigation, the result of which has produced much positive :
material. If you'd care to read the RASLDF 28 page Case Report please direct
your request to Ralph Jacobs and please send us a legal size SASE with .37¢
postage to help defray costs.

Investigative Update

In the May, 1983 RASLDF newletter, we carefully outlined our alibi material
in great detail, which included a chart as a visual aid. After studying Lt
we are confident that most reasonable people could draw but one conclusion,
that the alibi makes it impossible for Bob Sullivan to have participated in
the robbery-murder of Donald Schmidt. Nevertheless, we must continue to try to
strengthen the alibi by increasing the number of firm alibi witnesses above
three. We still are hopeful that some among Thomas Murphy, Robert Porter, and
Wayne Connors will recall enough to also become alibi witnesses. It may be
necessary for us to fly Robert Porter to Florida from Hawaii, just to give you
an example of a probable expense for which we may need to pay.

Another effort was made in June, 1983, to try to talk with Thomas Murphy,
who is the best potential alibi witness. But the outcome was the same as before.
For reasons unclear to us, Murphy has consistently and repeatedly refused to
cooperate with us in any responsible way. Murphy's silence is a major source
of frustration to us all realizing how much his cooperation could help Bob.

Bob's investigator, Virginia Snyder, has been quite active in several areas
during the last three months. Among these, Virginia has spoken with Governor
Graham's General Counsel a few times related to our efforts to renew clemency
consideration. Some signs do appear positive in that area.

Lith Circuit

to consider
killer’s case

SULLIVAN / From 1A

dar.

The stay was unexpected.
“That's bizarre,” said Sullivan law-
yer Eric Freedman, who was in a
‘Washington hotel after taking a
39-page petition to Supreme Court
Justice Lewis F. Powell Jr., super-
vising justice for the 11th Circuit.

Later, Freedman added: “I am de-
lighted, because I think that when
the 11th Circuit does look carefully
at the legal situation, it will see that
various decisions of the court are
wholly inconsistent with one anoth-
er.”

Sullivan, 36, has been on death
row since Nov. 14, 1973, longer
than any other currently con-
demned prisoner in the nation. His
was the third’ eleventh-hour re-
prieve in:two months. Texas mur-
derer J.D. Autry was 14 minutes
from death on Oct. 5 when his law-

yers persuaded the Supreme Court °

to hear one more argument. On
Nov. 17, with 14 hours to live, Flor-
ida convict Stephen T. Booker won
a federal court-ordered stay.

According to Joyce Larkin, depu-

ty clerk of the llth Circuit, Sulli-
an's defense asked for a rehearing
y the full court of 12 judges after
weing the afternoon decision. The
request required all the judges to be
polled, and they agreed to a full-
scale rehearing.

That caught Florida State Prison
Officials by surprise. In Starke, De-
partment of Corrections spokesman
Vernon Bradford said it was not
known how long the stay would be
in effect.

“There isn't any reaction,” said a
spokesman for Florida Attorney
General Jim Smith, who had ex-
pressed confidence Monday that
Sullivan finally would die today.

The 11th Circuit's action took the

matter out of the hands of Justice
Powell. He also had before him a
brief from the Catholic Bishops of
Florida, who asked that Sullivan's
life be spared. In Florida, Graham's
staff acknowledged a clemency ap-
peal from Pope John Paul II, but
gave no indication that Graham
would do for the Pope what he
would not do for defense lawyers.
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A visitor to Gov. Graham’s Tallahassee office walks past two protesters opposed

to the death penalty.

“Until I have a new trial where
alibi witnesses can be presented to
a jury of my peers, Robert Sullivan
will not have seen justice,” he said.

“Apparently no relative is com-
ing to visit,” Bradford said. Sullivan
may not have any. Two weeks after
his birth in Massachusetts In 1947,
he was adopted by a Cambridge
couple who divorced in 1953. The
adoptive mother has not spoken to
Sullivan since before he was taken
to death row. The adoptive father
and his second wife both have died.

Sullivan himself was pessimistic.

“If I had to say yes or no, I'd say
I'd be executed tomorrow,” he told
The Times Union.

Scharlette Holdman, director of
the Florida Clearing House on
Criminal Justice — an organization
crusading against capital punish-
ment — still held some hope that
the U.S. Supreme Court would stop
the execution.

“The game is not over,"’ Holdman
said after the Atlanta ruling.

Protests against the death penal-
ty were being held in Tallahassee
and in Starke, where Gainesville
Citizens Against the Death Penalty

y was setting up a night-long vigi! in

St. Edward's Catholic Church. An-
other vigil was held outside the
Governor's Mansion in Tallahassee,

In Tallahassee, Currie Burris, ré-
gional director of Amnesty Interna-
tional, sald his group was organiz-
ing protests in Louisiana, Texas,
California and New York.

Well before a coalition of reli-
gious, civil liberty and other groups
pleaded publicly in Tallahassee for
a stay of execution, Graham turned
them down.

“My feeling is that Justice re-
quires a final decision,” he said. “]
think the time for decision is now."

Graham dismissed Sullivan's alibi
claims — some old, some relatively
new. Some of the protesting groups
professed to believe these, but the
governor could not be convinced
that Sullivan was in a gay bar at the
time of the murder.

“tT had heard various stories
about alibi witnesses and other al-
ternatives several months ago,”
Graham said. “I asked our general
counsel to review all those matters.
It was his assessment there was
nothing that had not been previous-
ly submitted for the court's re-
view.”

Even so, the Florida Supreme
Court was prepared to.convene at
5:30 a.m. today to settle any last
gasp legal disputes that might arise.

Freedman, the New York City
lawyer who handled Sullivan’s ap-
peal to the 11th Circuit, argued that
his client is the victim of a justice
system contaminated by racial dis-
crimination.

Freedman said death sentences in
the state are meted out with far
greater frequency when murder
victims are white than when they
are black.

“We have Statistics that demon-
Strate a striking pattern of racial
discrimination in the application of
the death penalty in Florida,” the
lawyer said.

“Who discriminated?’ demanded
Judge Gerald Tjoflat. “Who? Was it
the judge? The grand jury? The
prosecutor? The petit jury? Who
discriminated against the defend-
ant?”

4
kept him from admitting he was in
a gay bar with Sullivan on the night
of the mufder.

Freedman attacked Sullivan's
confession and the Lestimony'of ac-
complice Reld Mecbaughlin. Mc-
Laughlin, now 30, servehB}:years
for his part in the murder }Yter tes-
tifying against Sullivan.

Freedman also mounted 8 compli»
cated claim of incompetent repre-
sentation against Denis Dean, a
Miami attorney who defended Sulll-
van at his trial. Freedman said Dean
relied on a faulty report from his in-
vestigator.

He even argued that Sullivan's
lawyers should have attempted a
defense based on a false alibi — al-
though the first lawyer, Ray Wind-
sor, testified in an earlier appeal
that he withdrew from the case be-
cause Sullivan. had no alibi but in-
sisted that he create a false one.

By the time the 11th Circuit re-
leased its decision — at 3 p.m., 16
hours before the scheduled execu-
tion — Freedman and partner Ste-
ven Gey were on thelr way to
Washington and the U.S. Supreme
Court.

“We have to start this again if
we lose,” Gey sald, hurrying from
the Atlanta courthouse.

This article was supplemented by
reports from Herald staff wniters
Fred Grimm, Steve Doig, Carl Hiaa-
sen and Brian Dickerson cnd from
Herald wire services.

$e nn a

M ‘0 m1 Hee 4 Mondov A 9 :

* At 4:30 a.m. on April 17, the detectives
arrested Sullivan and McLaughlin after
. trailing them from Keith's Cruise Lounge,
a Hallandale nightclub favored by homo-

sexual men.
. On Sullivan's wrist was a Waltham
* watch, later identified as Donald

chmidt’s. In Sullivan's wallet: Schmidt's
MasterCharge and Playboy Club credit
cards. In his car: a shotgun and adhesive
tape. In his motel room: $1,300, some of it
still In the HoJo’s ice cream containers that
had been removed from the restaurant's
safe.

Sullivan and McLaughlin were taken to
the station house and interrogated sepa-
ly. ,

’ Sullivan was first to confess. In a state-
*. ment recorded just after sunrise, he said he

and McLaughlin had bound and robbed.

a Schmidt before driving him into the Ever-
_ Blades. ’
‘ Q: When you got up to this place you
« pointed out, what happened then?
. A: Mr. Schmidt was walking ahead of
> me, and it was very dark. He slipped down
» and lost his shoe in the mud and I came
‘back and he was sitting on the ground and
* T hit him tn the back >f the head with the
_ tire iron twice.

1G ¢ 4 (2

= r me

Sullivan soon recanted his statement.
Ray Windsor, his 30-year-old court-ap-
pointed attorney, moved to suppress the
confession on grounds police had refused
Sullivan a lawyer before questioning him.

Denis Dean, a Miami lawyer, was wait-
ing to appear before Circuit Judge Edward
Cowart in an unrelated case while Windsor
argued for the statement to be thrown out.

“I was... not paying too much atten-
tion,” Dean said. “But I remember thinking
they sure had a lot of evidence against this
guy.”

Cowart refused to toss out Sullivan's
confession; Windsor withdrew from the
case a few weeks later, citing “a communi-
cation breakdown" with his client.

There was much more to it, as Windsor
disclosed seven years later. But Judge Co-
wart demanded no further explanation and
appointed Denis Dean as Sullivan's ettor-
ney.

“He [Cowart] told me it was going to be
a difficult case,” recalled Dean, now a
partner in a prosperous law firm on Bis-
cayne Boulevard. That soon proved to be
an understatement.

Sullivan insisted that he had confessed
under duress to protect another man he be-
lieved to be responsible for Schmidt's mur-
der.

i
i]
5

i A

i ae

shooting Schmidt. cs

“I don't fecl no different,” Sullivan had
told him.

Police had discovered another, more per-
sonal motive for the robbery. In 1972, Sul-

livan en fire He Homestead
restaurant for embezzling more than
$6,200.

Sullivan said he took the mon LO pay
off 0 pga Testa i
Suljivan’s father of his homosexuality.
Dade County alge hid
the case while Sullivan
made restitution.

As the trial ap-
proached, the state's
case seemed over-
whelming. “They had
everything but a vid-
eotape of him commit-
ting the crime,” Dean
recalls. Desperate, the
lawyer asked prosecu-
tor Ira Dubitsky for a
deal.

. “He offered to-plead

Dubitsky to first-degree mur-
der,” Dubitsky said, “and I agreed to take
it to [State Attorney Richard] Gerstein and
recommended it."’ But Gerstein said no.

“He thought the death penalty ought to
De uvet for sumed.’ Dupre) gave
Sullivan filled the bill.

Throughout, Sullivan remained serene.
“He was jovial, very séif-confident,” Dean
recalls. “He was certain he could convince
a jury of his innocence.”

Sullivan pressed for an alibi defense,
Urging his attorney to contact five people
he insisted would place him at Keith's
Crulse Lounge on the night of the murder.
He himself would testify that McLaughlin
had tricked him into using Schmidt's
watch and credit cards.

The case came to trial on Nov. 3, 1973.
Dean had located none of the alibi witness-
es.

When Dubitsky rested his case after pre-
senting three days of testimony, Dean
called only two witnesses: A fingePpfint
expert, who nents onthe
tape binding Schmfdt’s wrists weren't con-
clusive, and Bob Sullivan.

“I didn't think he'd make the best wit-
ness," Dean recalls. “He wasn't very good
looking and he stuttered. But we had noth-
ing to lose.”

Jurors gave Sullivan's stammering pro-
testations little credence. After five days of
testimony, the 12-member panel deliberat-

ed only two hoyss before convicting him of
armed roBbdery and murder. °
Four days later, Judge Cowart set the

stage for what would become the longest-
playing legal drama in the history of Flori-
da’s death row: :

“Itis the sentence of this court that Rob-
ert Austin Sullivan be remanded to the
warden of the state penitentiary and then
and there at a time and place to be desig-
nated by the warden there shall be caused
to be passed throughyour body a current
of electricity sufficiedt to cause your im-
mediate death..." —

¥ * *
The three-phase process of appealing a

Miami ecald Tuesday Nov, 2%, 43 p

—_— —— —m

’

©)

om
.
'

Silence,

oF Tee ~~

»”

x. 10K

7 es
rayers .

ereet the news —

By STEPHEN K. DOIG 7 si

And BRIAN DICKERSON praise the Lord.

Herald Staff Writers The executioner’s song had
First, there was open-motthed reached beyond statehouse walls

speechiessness.

Then there were quiet prayers of
thanks and a touch of optimism
early today as death penalty protes-
ters digested the news that the exe-
cution of Robert Sullivan, scheduled
for dawn, had been postponed.

“We're not saved yet,” warned
Sister Hannah Daly, a Catholic nun
who organized a vigil at Starke, site
of the prison and Florida's electric

chair. “We're not saved until noon

on Wednesday,” when Sullivan's
death warrant expires.

Until the surprise reprieve, Mon-
day had been a day of moderate
protest and mild confrontation,
both in the death city of Starke and
in the capital city of Tallahassee.

In the prison town, Sister Han-
nah urged an ecumenical group of
30 at St. Edwards Catholic Church
to maintain the vigil, a vigil inter-
rupted not long before midnight
Monday by word. that Sullivan's
date with death had been post-
poned, however temporarily.

The group trailed into the too-
small living room of a parish recto-
ry for telephone confirmation. Mi-
chacl Radelet of the University of
Florida spoke with someone at the
Florida Clearinghouse for Criminal
Justice.

The crowd, tense and tired, figet-
ed briefly. Then all talking ceased
and all eyes focused on Radelet.

“Hi, this is Mike,” he said. “How
good is it?” After an extended wait,
the news came: Reprieve. The Rev.
Richard Turke of the Starke Episco-
pal diocese broke the silence.

“TE think we should say a prayer
of thanksgiving,” he said. “Why

splashed with the orange and pur-
ple painted words, “Stop State Mur-
der.” It reached as well beyond the
black-hooded protesters who car-
ried signs that said “A Call to Con-
science —“Stop the Execution” and
“Abolish the Death Penalty.”

It ched to the Vatican, to .

Pope J Paul Il. Through Arch-
bishop Edward McCarthy, the pon-
tiff asked that Sullivan’s life be
spared.

The papal plea was one of many
that surged Into Tallahassee as
anti-death penalty vigils blended
into the hour of reprieve.

“! find it inconceivable that we
condemn other countries for the
perpetration of barbarous acts
against their citizens at the same
time that we commit them our-
selves,” said the Rev. Sue Gallagher
of the United Church of Christ.
“God save us from ourselves,”

Three blocks north of the Capitol,
long-time peace activist the Rev.
Daniel Berrigan stood in a Presbyte-
rian church, rallying a sorrowful
crowd of 150. They sang the anti-
war classic Blowin’ in the Wind and

listened as Berrigan excoriated Gov. |

Graham.
“This is the disgrace of the state

of Florida, the disgrace of Gov. Grae |

ham,” said Berrigan.

The priest decried “the illogic of ms

saying, ‘We'll show people not to

kill people by killing someone.’ " He »-
accused Graham and Attorney Gen- +;
eral Jim Smith of seeking Sullivan’s ;

execution for political gain.

This account was supplemented
by reports from Herald Staff Writ
ers Carl Hiaasen and George Stein.

/ don't we go inside the church and

Associated Preset

Gainesville Citizens Against the Death Penalty hold a
candelight prayer vigil for Sullivan at Sturke’s St.

Edwards Catholic Church.

Hours betore

death,

Sullivan wins a stay

Whited remembers
Sullivan’s words / 1D

By ROBERT D. SHAW Jr.
“nd ARNOLD MARKOWITZ
erald Staff Writers

Eight hours before convicted
killer Robert
Austin Sulli-
van was to
dle in Flori-
da's electric
chair, a fed-
eral appeals
court in At-
lanta aston-
ished de-
we d ca fense and
ak bail state law-
Sullivan yers late
Monday by postponing the exe-
cution.

It was just before 1] p.m.
when a clerk at the U.S. Su-
preme Court in Washington an-
nounced that the entire 11th Cir-
cuit Court of Appeals in Atlanta
would hear the appeal. A three-
judge panel of that court had re-
jected Sullivan at 3 p.m., forcing
his lawyers to turn to the Su-
preme Court in desperation.

Sullivan's death warrant,
signed by Gov. Bob Graham on
Nov. 8, expires at noon Wednes-
day.

No date was set for a rehear-
ing before all 12 active judges of
the llth Circuit. A clerk ac-
knowledged that it could be held
almost at once, but to do so
would disrupt the court calen-

Please turn to SULLIVAN / 10A

[ O Mi | Cle.

apron aera,
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(A lo mM) Ue f o| a , T ve salay ; Ney. 24 } 9 55

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re

Protesters fail to sway. |
governor on reprieve

By STEPHEN K. DOIG
Herald Capital Bureau

TALLAHASSEE — Late Monday,
hours before Robert Sullivan was
supposed to die on Gov. Bob Gra-
ham’s warrant, Graham told a
sometimes-bitter crowd of 60 pro-
testers in front of the Governor's
Mansion that he wouldn't give Sul-
Nivan a stay.

“It is not a power to be exercised
without the most serious rationale,”
said Graham, flanked by two plain-
clothes security men. And Sulli-
van's case, Graham insisted softly,
lacked that rationale.

Graham emerged at about 10:15
p.m. to speak with the group,
which had come to the gates an
hour earlier after a rally at a nearby
church. Anti-war activist Father
Danie! Berrigan, who came from
New York to join the rally and
vigil, asked Graham why he had re-
fused the plea for a stay from Pope
John Paul IT.

“I find it very difficult to under-
stand how this great voice of com-
passion can be turned back,” Berri-
gan told Graham, who replied sim-

ply: “I have no basis to issue a
stay.”

Others in the crowd added to the
pleas. ;

“We feel for the victims, but we
feel there are ways to protect peo-
ple without killing people,” said
Mary Hardison of Tallahassee, who
added emphasis by giving Graham a
quick hug. Others were less forgiv-
ing. Some shouted: “The man is a
cold-blooded murderer!"

“I deeply respect and appreciate
the values that brought you here
today,” Graham told them. “This is
an extremely wrenching experience
for all of us — alfof us are trying to
do what is right.”

After about 15 minutes, with no
minds changed on either side, Gra-
ham asked if there was anytRing he
could do to make them comfortable
during their vigil. “Yes, issue a
stay!" was the immediate reply.

Graham went back inside, to a
chorus of catcalls. A few minutes
later he learned that the execution,

at Jeast temporarily, was out of his
hands once again.

mcmecn

25 cents

{Justices

efuse *

-/To Spare Killer

Execution
of Sullivan
set for today

By STEPHEN K. DOIG
And PETER SLEVIN
lierald Staff Writers

Condemned convict Robert Aus-
tin Sullivan was denied a stay of
execution Tuesday night by the U.S.
Supreme Court and is scheduled to
die in Florida's electric chair at to
a.m. today.

By a 7-2 vote announced at 10:10
p.m. in Washington, the justices re-
fused to halt the execution. That
made it virtually certain that Sull-
van, who has lived on death row
longer than any convict in the na-
tion, will become the 198th person
killed in the electrified oaken chair,
grimly nicknamed “Old Sparky.”

The Supreme Court decision cli-
maxed a frenetic final day of legal
maneuvers in a case that began tn
1973 as a restaurant stickup in
Homestead and by the end had
drawn the attention of the Vatican.

Shortly before 10 a.m. today,
Gov. Bob Graham will confer with
his legal advisors to learn whether
Sullivan has won a miracle re-
prieve. If not, the governor will tell
Richard Dugger, superintendent of
Florida State Prison, to give the ex-
ecution command.

Twice in his 10 years on death
row, Sullivan, now 36, has come
within 48 hours of his death by
electrocution. Sullivan's attorneys,
rebuffed Tues-
day evening by
the ith U.S.
Circuit Court of
Appeals in At-
lanta, appealed

ell

wv 3 (> LA

Miccmi Worcs ol ; Wed nese ran y j Nov % |

Sullivan

Sullivan faces final penalty -

a | r

struggling with tears, terror.

By CARL HIAASEN
Herald Stat] Writer

STARKE — At 9:59 a.m. Wednesday,
Robert Austin Sullivan came to the death
chamber. He wore a new white shirt, dark

blue pants and a look of absolute mortal
ear.

His head was shaved and smeared with
Ointment. His eyes were moist and search-
ing. He bit his lip and took deep breaths,
trying not to cry.

‘I hold malice to no one.
God bless us all.’

Robert Austin Sullivan

the second row of witnesses. The con-
demned man nodded vigorously as he was
led to the chair. The priest nodded back;
on his lap was a Catholic missal, opened to
the “Rite for the Commendation of the

qs |

Dying.” if
Sullivan, a pale and corpulent 280jf
pounds, was methodically strapped in: they |
arms, the legs, two belts across the chest,’ |
bunching the white shirt. q | |
Behind him, Sgt. Don Gladish held a>
phone to the governor’s office in Tallahases |
see, just in case of another reprieve. Age
electrician and his assistant stood five feeth |

from the death chair. In the corner wag, =

Miami herald ; Thursday , Dec. \,

AS% Poy LAA

By STEVE STERNBERG
Herald Medical Writer
Robert Sullivan's death was painless, ac-
cording to the - medical understanding of
electrocution

“The nervous system is wiped out tn-
stantaneously,.” Dade County Medical Ex-
aminer Joseph Davis said. “You feel noth-
ing. Absolutely nothing.”

Because electricity travels faster than
nerve impulses, the state's 2,200 volts
seared Sullivan's brain before he could feel
the electrical shock that killed him.

The voltage, emitted from copper wires

Sullivan spotted Father Vincent Daily in

ot Pai

Please turn to WITNESS / ud |

a
seit S$

x j as
Sun

Cy > oe |
llivan Execut.or

in the metal death helmet, then destroyed
his brain by heating it to about 150 degrees
and cooking it, a process that takes about
10 seconds.

The death helmet, consisting of a cap.
mask and chin strap, contains a small salt-
water-soaked sponge that conducts elec-
tricity but virtually stops the scalp from
burning. The electricity left Sullivan's
body through an electrode attached to a
shaved spot on his leg.

ut while the current flowed, muscles

thfoughout his body contracted — empty-
ing bladder and bowel. Sometimes the

Dade

force tears muscie or fractures bone. The
heat of the current also leaves “focal [skin]

burns, but on an already dead body,” Davis”

said.

Sullivan's heart and breathing stopped
when the execuboner threw the switeh,
and the pnsoner’s body became mgid. But
sometimes the heart will start beating
again after the current stops. .

“They som es give them another jolt
jto stull the he at}."” Davis said. “But it
means nothing. The heart's beating in a
dead body. You can get the heart to beat
four hours after death -— in a bottle. It is

quite a hardy organ.”

medical examiner says

Electrocution is at least as humane as &@
lethal inection of drugs + and perhaps is
more humane than the gas chamber, where
death takes longer and is accompanied by
choking, Davis sac.

In electrocuuon, he said, “the amount of
current the individual receives renders him
unconscious immediately. He is instantly
brain dead."g

Autopsies 00 executed pmsoners are un-
common, Davis added.

No such examination was performed on
the body of John Spenkelink, electrocuted
for murder on May 25, 1979. There were
two reasons, he sad

The first, Davis sade was “political” —
the fear that autopsy findings would pro-
vide ammunition for those who hild that
execuuon is cruel.

The second reason was money. he said.
Neither state nor county agencies wanted
to pay for a postmortem examinauon of
someone whose death was engineered by
the state and, in effect, witnessed by mii-
lions through press reports. In such a case,
the cause of death is obvious, he said.

Nonetheless, in Dade County, things
might be different. “If it was cone down
here, there would probably be an autopsy,"
the medical examiner said.

|
: |

rn. we Sr
St ;

8) The Miami Herald / Wednesday, Nov. 30, 1983

cd
6

f.9

we omg

4 oe
£ alg

By BRIAN DICKERSON
Merald Stoff Writer

After a decade on death row,
Robert Sullivan had yet to make
peace with the end of the road.

“How In the hell do you prepare
yourself mentally to be executed? |
have known no easy solutions,” the
condemned killer said In a tape-rec-
orded message made public Mon-
day.

In the message, recorded a week
ago and released Monday, Sullivan
repeated his claim that he was
framed in the murder of Homestead
restaurant manager Donald
Schmidt.

He blamed his conviction in the
1973 slaying on his own “naive
trust” in the criminal justice sys-

tem.
“Perhaps I have chased Justice

like Don Quixote chased wind-
mills,” he said. “In retrospect, I
guess I was too naive about the
evils of the people who administer
the system.”

But Sullivan added that his exe-
cution couldn't be justified even if
he were guilty of Schmidt’s murder.

“I don't know how many times
I've asked myself, ‘Why me?’ What
is so horrible about what I've been
accused of, compared to other cases
that received lesser sentences?”
Sullivan said. “Why must I be exe-
cuted when these other cases .
that are worse than mine receive
lesser sentences?”

He said he had been singled out

Sullivan blames fate on ‘naive trust’

by officials eager to rebut allega-
tions that Florida’s death penalty Is
reserved for convicts who are
black, impoverished and uneducat-
ed. :
"Tl believe that I have been select-
ed as a sacrificial lamb by the offi-
cials of the state of Florida, includ-
ing Gov. [Bob] Graham, not because
of what I am accused of doing, but
because I am the antithesis of what
the death penalty has represented in
this country,” Sullivan said.

A harsh “final judgment,” he
said, awaits elected officials who
“misuse the death penalty for their
own personal and political gain.

“T submit to them that there is in-

deed a final judgment day,” he said, }

Mioum' Herosdl

Wednesday, Nou: 30, (983

tare aN

in justice system

quoting from Albert Camus that
“he who judges absolutely con-
demns himself absolutely.”

Sullivan, who began his editorial
crusade against the death penalty in
a jailhouse newspaper he edited
while awaiting trial in 1973, ended
his taped message with @ final de-
nunciation:

“For the last 10 years | have lis-

te ’

*. - W@

Robert Sullivan's

: 10—Year Legal Odyssey

tened to Florida ‘politicians make
the unsupported claim that capital
punishment acts as & viable deter-
rent.

“Capital punishment has never
been the answer, and it never will
be. Capital punishment dehuman-
izes life ttself. ... It Is a barbaric

—— ————__—_ + -- _the condemned

" ee and phys-

ical torment.” '

He concluded by quoting Clar-.
ence Darrow, the famous defense
attorney: , ,

“You can only protect your liber-
tles in this world by protecting the
other man's freedom. You only can
be free Wf 1 pas foep, Sine cute Sing
that would, to get me could
be used ou”

April 17, 1878: Robert Sullivan is
arrested and charged with the murder
of Donald Schmidt.

Nov. 8, 1973: After a five-day trial,

\e@ Dade County jury convicts Sullivan

of first-degree murder.

Nov. 12, 1973: Dade County Circuit
Judge Edward Cowart sentences Sul-
livan to die in Florida’s electric chair.

Nov. 27, 1974: Florida Supreme
Court justices vote 6-2 to uphold Sul-
livan's conviction.

July 6, 1976: U.S. Supreme Court
declines to review Florida Supreme
Court's decision in Sullivan's appeal.

Oct. 4, 19786: U.S. Supreme Court
rejects Sullivan's request for a re-
hearing. - ;

Jan. 24, 1977: Judge Cowart denies
Sullivan’s motion for a reduced sen-
tence.

March 29, 1977: Sullivan appears

‘at clemency hearing before then-Gov.

Reubin Askew.

May 1, 1979: Dade County Circuit
Judge Ellen Gable denies Sullivan's
petition for a new trial.

May 17, 1979: Sullivan appears at

clemency hearing before Gov. Bob

Graham.

June 19, 1979: Gov. Graham signs
death warrant scheduling Sullivan's
execution for June 27.

June 22, 1979: .Florida Supreme
Court fustices vote 4-3 to-deny a stay
of execution and affirm Judge Gable’s
ruling.

June 25, 1979: U.S. District Judge
Jose Gonzalez grants stay of execu-
tion pending consideration of Sulli-
van'’s claim that he received inade-
quate legal representation at trial and
in sentencing process.

July 24, 1979: Florida Supreme
Court rejects Sullivan's request for a
rehearing.

June 4, 1981: After reviewing three
days of new testimony before a U.S.
magistrate, Judge Gonzalez dismisses
Sullivan’s claim of ineffective coun-
sel. aol

Jan. 17, 1983: Eleventh Circuit U.S.
Court of Appeals upholds Gonzalez’s
order dismissing Sullivan’s claim.

Oct. 17, 1983: U.S. Supreme Court
declines to review U.S. Court of Ap-
peals ruling against Sullivan.

Nov. 4, 1983: Dade County Circuit
Judge Thomas Scott refuses to hear

‘now appeal by Sullivan.
Nov. 8, 1983: Gov. Graham signs °

second death warrant scheduling Sul-
livan's execution for Nov. 29.

Nov. 21, 1983: Florida Supreme
Court justices unanimously deny Sul-
livan’s petition for a stay of execu-
tion.

Nov. 23, 1983: U.S. District Judge
Gonzalez denies petition for a stay

Nov. 25, 1983: Eleventh Circuit
Court of Appeals agrees to hear argu-
ments in Sullivan's request for a stav

— at 9:30 this morning

!
|
|
|

® When the Florida Supreme
Court upheld Sullivan's sentence,
was it adequately compared with
those given other murder convicts, |
in order to be sure his punishment
would not be disproportionate?

@ Is the Florida death penalty
applied in a racially discriminatory
way? Sullivan complained that peo-
ple who kill whites are more likely
to be executed than those who kill
blacks.

Gov. Graham has signed 65 death
warrants since he became governor
in 1979. Only one prisoner, John
Spenkelink, has been executed.

Steve Hull, Graham's spokesman,
said that if another stay keeps Sulll-
van alive past the expiration of his
death warrant today, Graham could
sign a new one at once.

“If there is a stay and the war-
rant expires, then the governor's
options are to sign another at some
specific time or do nothing,” Hull
said. “Usually no action is taken
until after a stay is lifted. The gov-
ernor has never signed a death war-
rant [concerning the same prisoner]
immediately after another has ex-
pired.”

The death warrant now in effect

_ is Sullivan's second, signed by Gra-

ham 22 days ago — more than four
years after the first expired. That
one, issued on June 19, 1979, set an
execution date eight days later. A
U.S. District Court judge stopped
the execution, 38 hours before Sul-
ivan was to die.

Monday night's reprieve did not
diminish the zeal of death penalty
opponents who were picketing the
Governor's Mansion.

On Tuesday, social activist priest
Daniel Berrigan led about a dozen
of them into a Cabinet meeting for
a guerrilla theater performance.
Acting as mock executioners, they
half-dragged a young woman to a
chair as she begged not to be killed.

“It's the law!"’ Berrigan intoned.

The woman quivered in the chair
as if electrocuted, while Graham
and the Cabinet watched. A half-
dozen black-hooded protesters sat
pointing silently at Graham. The

‘Cabinet meeting resumed, and a

few minutes later the protesters
left.

Graham had given reporters little
comment about the last-minute
stay, other than to say, “I believe
the time has come for finality.” He
downplayed his decision Monday to
reject a request from the pope to
grant Sullivan mercy.

“T have great respect for the Holy
Father,’ Graham said. “But I have
not received any information upon |
which to base a commutauon.”

In Miami on Tuesday, Archbishop
Edward A. McCarthy described the
pope's support of a clemency plea |
—ade by Florida bishops on moral |

id humanitarian grounds.

“IT was told that the Holw Father
advised {me] to make this presenta-

Miami Herold | Wed ncsday - Nev ®, (183
> oR

have been with Sullivan In a gay
bar In Hallandale while

Court rejects

Donald

SULLIVAN /From 1A

who endorsed a Florida bishop's
plea for humanitarian clemency.

Powell began reviewing Sulll-
van's pleadings Monday night, after
a three-judge panel of the 1]th Cir-
cuit had turned down a request for
a stay of execution.

Powell was Interrupted, how-
ever, when Chief Judge John C.
Godbold of the llth Circuit agreed
to ask his 11 colleagues if they
thought further proceedings should
be conducted.

That action delayed the execution
scheduled for Tuesday morning. But
by a majority decision announced in
Atlanta early Tuesday evening, the
other judges declined further re-
view. Details of the volte were not
released.

“There are major constitutional
issues of national importance,” said
Eric Freedman, a Sullivan lawyer,
after seeking Supreme Court inter-
vention.

Sullivan is now scheduled to die
for murdering Donald Schmidt, as-
sistant manager of a Howard John-
son restaurant in Homestead.

Schmidt, 38, was held up on the
night of April 8, 1973, as he counted
the contents of the cash register. He
was driven to the edge of the Ever-
giades, bashed over the head with a
tire iron and shot four times with a
12-gauge shotgun.

Convicted and sentenced to die,
Sullivan was imprisoned on death
row .in Florida State Prison at
Starke on Nov. 14, 1973.

The appeal court's unexpected
action Monday kept him from being
killed at 7 a.m. Tuesday. Instead,
the condemned man ate a hearty
breakfast. Throughout the day, no
one knew if he would ever eat an-
other.

During the tense wait, the appel-
late judges — scattered across
Georgia, Alabama and Florida -—
received packets of legal documents
through courier services.

Sullivan's petition asked the en-
tire court to reconsider these issues:

to thts report.

Sullivan’s | plea

United Press internetional

Activist Danie! Berrigan, in white sweater, helps stage a mock

execution.

tion to the governor only if all the
other efforts were exhausted,” the
archbishop said.

He said the governor called and
asked him to thank the pope for his
interest.

‘ Another church-related episode,
recounted daily during the execu-
tion countdown, was described as
an unconfirmed rumor Tuesday by
the clergyman who had made it
public.

Catholic Bishop John Snyder of
St. Augustine had claimed that a
Boston priest knew an alibi witness
for Sullivan. Supposedly the priest
had heard the religious confession
of a homosexual who claimed to

mma

Schmidt was being murdered. .

The man allegedly was too em-
barrassed to go public and admit his
homosexuality, and church law for-
bade the priest to identify him.

But early Tuesday, during a
candlelight vigil at. a church in
Starke, Bishop Snyder admitted the
story is no more than a rumor he
cannot verify.

“Reports of the confession were
strictly hypothetical ,"" he said.
“They might be a figment of some-
body's imagination.”

Herald staff wrilers Robert D.
Shaw Jr., Fred Grimm, Brian Dick-
erson, Carl Hiaasen, Arnold Marko-
witz and George Stein contributed

Miorn Herald Thursdcy Dee 11992

ra tA

At the same time, the protesters
in the rotunda were singing “He's
got Robert Sullivan in his hands.”

Just then, Lohman fed about a
dozen others down the hall outside
Graham's office suite, chanting
“The whole world’s watching!" and
“death row must go!”

Inside his office, Graham couldn't
hear the demonstration. At 10:17,
Dugger told Graham that Sullivan
had been pronouced dead a minute
earlier.

“Tam saddened at the events that
brought us to this time,” Graham
said. But he reaffirmed his commit-
ment to signing more death war-
rants in the future: “I am ready to
carry out justice.”

In an interview in Miarni Wed-

nesday evening, the governor said:

“Unless you are devoid of human
emotions you have to feel a strong
sense of sadness and empathy with
Robert Sullivan.

“I believe that he was afforded
every guarantee of justice that was
avajlable to him through our system
and justice was finally done.”

Throughout the morning, there
were no direct confrontations be-
tween protesters and state officials.
There were no violent incidents or
arrests, and the only act of civil dis-
obedience was another anonymous

spray-painted slogan — The
Death Penalty is Fascist’ -- on a
southwest wall of the Capitol.

Afterward, several protesters
said that even though they couldn't
save Sullivan, their effort will pay
off in time.

“T think this will help,’ said the
Rev. Sue Gallagher of the United
Church of Christ, who carried a red
and black banner that proclaimed
“Death Row Must Go.”

After the protesters left the Capi-
tol, McKenzie held a brief press
conference to detail the events of
the previous hour in the governor’s
office. Graham declined to appear.
He decided it was “not appropri-
ate,’ according to McKenzie — as
did Attorney General Jim Smith.

“The governor was quiet and se-
rious throughout it all,” McKenzie
said. He said that the protests and
accusations would cause no change
in Graham's policies toward death
warrants.

Later in the day he went through
a schedule that appeared to be busi-
ness as usual. The governor made
two separate political appearances
in Dade — dedicating an art gallery
in Bay Harbour Islands and attend-
ing @ political fund-raiser Hill (D.,
Miami Lakes) At each stop, he
shook hands, quipped and worked

crowds.

Yet he was dogged with ques-
tions about Sullivan. He responded
slowly, in barely audible tones, de-
fending the death penalty.

“I believe it is a deterrent. Hope-
fully there will be some lives saved
by the demonstration that we are
prepared to enforce the law. If you
take a life, you place yourself in
jeopardy. That is the satisfaction
that can come from this tragic

_ event.”

Graham said he had “no question
as to his [Sullivan] guilt” and said
the type of crime Sullivan commit-
ted was the type for which the
death penalty was intended.

As for his refusal to change his
schedule for possible security mea-
sures, Graham said:

“I feel it is important not to go
into a cavelike mentality whether
that is an emotional cave or a physi-

cal cave.”

And, perhaps speaking as much

about his decision as his long day, |

which did not end until after mid-
night with a flight back to Tallahas-
see, he concluded: ,
“When you take an oath that you
are going to carry out the law, that
ts your responsibility. If you are not
prepared to do that, vou ought to
resign.”

Miami Wert . Thursday, Dec. |, 53, Py 24K

Hands strapped, Sullivan

.WITNESS/From 1A

Dr. Canh Bien Nguyen, who
brought an assistant, too.

Behind a wall and a blue curtain
stood the executioner, unseen.

Supenntendent Richard Dugger
picked up a microphone: “Robert
Sullivan, do vou have a final state-
ment before the sentence ts carned
out?”

“I do." Sullivan answered in a
fuzzy voice He said he wasn't sure
if he could make it through his
whole statement —.two pages on 8
legal pad — without dreaking
down. “But VHdo my best”

Then. in a clear voice, with Dug-
ger holding the microphone and the
legal pad in front of him. Suliwan
began:

“In God Almighty ts my soul to
rest. My hope comes from Him He

alone if my fOck, my stronghold,

my fortress ©
It was the end Psu
. How log re attach a

man to break him down, as though
he is a tottemng wall or a tumbling
fence. ?”

In the witness chamber. there
was only the sound of pencils on
paper, Uhe reporters at work. And
the sound of a few men sniffing.

“ ... Their plan is to destroy.”
Sullivan read “They take pleasure
in Uys With their mouths they
utler Diessings. Dulin their hearts
thew uller curses “

Sullivan's voice was strong. qua-
vering only a little, breaking just
once

in (Mal you repay each man
accore: ng {oO his deeds ”

Dugger fupped the page on the
legal pac Suluvan. reading more
Slowly, Segan Co thank Bis support.
ers, tus lawvers, the Cathouic Mesh-
Ops anc Pope Jodha Pasl I, who hat
imterwened unsuccessfully im Sulb-
vans behalf
“Tl pea a Message to my preseci
dete add ail OPPO
cenis oF [¢ €€a33 pecaty . that the

Sieven Gey,

nad

Cause is just.” Sullivan said. “Aad to
all my peers on death row, despite
what is about to happen to me: Do
not quit.”

-He urged others to continue the
struggle “to end this monster called
Capital punishment,” and then fin-
ished this way:

“To some, my end may seem as if |
But in realty it’s a)

ois a Cefeat
Breal victory. Sut oaly to Lhose who
can see

whea ] wrote this.”

"as Dugger look the. Ricrophoae

away, Sullwan booked at Lie pnest,
nodded and moulbec a few words.
He might have said. “[ love you™
Or “Thank you.” It was hard to tell.
He looked terrified .
Next cama the heather chus strap.
fired Mard wmcer the aw. Sullivan

traed to , somectting mare, but
tke words cae Shas akese

He nodded aga.s to the prest. Fa-
ther Dally. ® 30 cased “yes frst

Signed. Rodert A. Sul- |
livan, Nov. 30, 1983 at 6:30 am.

in @ brief gesture of strength. As-
sistant Superintendent Tom Barton
toweled Sullivan's meck as the
metal death cap was fitted to the
skull. A thick cable was screwed to
the top and tightened by a man
wearing heavy brown Industrial
gloves. After the task was done, the
electrician stepped away.

Dugger. wearing a dark dlue
sweater and slacks, orcled in front
of Sullivan and walked to the parti.
tion. The curtain had been drawn
back. Through a horizontal slit a
man with a dive hood could de seen,

A dlack flap was lowered over
Sullivan's face

Dugger codded, almost impercep-
udty, al Lhe executioner.

There was a “thunk” as the Aan-
dhe Was turned

Sullivan's Dodgy saffened with a
yout. His fists contracted and began

_to redden. Nothung eige moved. __

For Bear'wtwo minutes he was
wtterfy frotes All that chan ged
was (S€ cower oO! Bes “ists. frow oink

to white to gray. Nothing else.

A man’s hand appeared through
the slit in the executioner’s wall. He
held up two fingers for the electri-
cian to see.

Al approximately 10:13 am.
more than 2,200 volts of electricity
empued out of Robert Sullivan's
dody. There was another “thunk,”
and Sullivan's form relaxed. The
hands lay curled on the oaken arms
of the electne char

It had been less than five minutes
since Robert Sullivan had spoken.
“} hold malt:ce to no one,” he had
said to those watching. “God bless
wus all”

When the electnatyv cut off. Wi-
bam Mathew. Uke physician's ASSist-
ant. quickiv moved toward the
bocy. Dugger waved him back. say-

ing. “Wait a minute ~
7 And be @e Then Mathew Loom

Suihvaa's mght wrist and beld it for
waa! seemed ike a long. lomg ime

reads final two-page statement

Finaily, he placed a stetHoscope to
Sullivan's chest, listened, and took
the wrist once more.

“The prison officiais. the report-
ers. the guards, the prosecutors, the
sheri{f, the priest and everyone else
who had come to watch were trans-
fixed. watching the man in the
white coat, with his two fingers
pressed to Sullivan's wrist.

Mathew stepped away and Dr.
Nguyen took his place. repeating
the ritual. He unbuttoned the new
White shirt and moved the stetho
scope aij around Sullivan’s chest.

Abdruptly Nguyen lifted the eath

mask and shised a light into Robert
Sullivan's dead eyes. Quick!y the
mask fell back into place.

The doctor reiuraed~ta his cOr-

ner. It was 10:16 am. Sgt Gradish

packed up the microphone and taid-
“The sentence of the Stare of
Fonda versus Robert SulNvan bas
deen carmedout Exe slease.”
\

_Pot-and-pan
protests don’t
sway Graham

By STEPHEN K. DOIG
Herald Capital Bureau

TALLAHASSEE — Shortly be-
fore dawn, a half-dozen protesters
holding a candlelight vigil in front
of the Governor's Mansion began
banging on the black wrought-iron
fence with pots and pans. Florida
Department of Law Enforcement
agents, who were guarding the
mansion, asked the protesters to use
spoons instead, so as not to damage
the fence.

The protesters complied.

According to Steve Hull, Gra-
ham's “ress secretary, Graham al-
ready was awake when the racket
began, and watched for a moment
from a window. He left for the Cap-
itol about 7:30 a.m., the beginning
of a long day which Graham faced
with determination.

Although he used the back gate
at the request of his security de-
tachment, he kept to his Wednesday
schedule, ending the day with a hu-
morous short speech at a fund-rais-
ing dinner in Hialeah for Senate
Democratic Majority Leader John
Hill.

At the Capitol, beefed-up security
was evident as protesters began to
gather In the first-floor rotunda.

White-shirted security guards
stood in strategic spots. Plain-
clothes FDLE agents circulated
through the crowd. Three carloads
of burly Florida Highway Patrol
troopers stayed out of sight in a

area.

floor windows of Graham's office.

At about 9 a.m., Hull was asked
about Graham's mood. “His mood is
quiet,” Hull said. “He knows it's a
serious and important day.”

Hull refused requests for a re-
porter to be with Graham during
the execution period.

Hundreds of letters

Hull said Graham received 200 to
300 letters about the execution dur-
ing each of the past four days, but
didn’t know the ratio of those for or
against the execution.

Hull also noted that there were
far fewer letters and calls than the
15,000 or so that arrived in the days
preceding the execution of John
Spenkelink in 1979.

At 9:30 a.m., Graham's general
counsel Syd McKenzie called the
death chamber at Florida State Pris-
on from a phone on Graham's ma-
hogany desk. Once the connection
was made, the line was left open.
Assistant General Counsel Art
Wiedinger was on another line to
Attorney General Jim Smith's of-
fice, who in turn was holding open
lines to’ the various courts from
which a last-minute stay might

‘come.

Out in the rotunda, the protesters
read statements of opposition to the
death penalty from different reli-
gious groups in the Tallahassee

_ -™

Mia’ (herald
i> 140A

nearby room.

By about 9 a.m., about 75 death
penalty opponents formed a circle
in the rotunda, standing around the
green marble floorpiece centered
with a large brass state seal.

‘World is watching’

They sang songs of protest —
We Shall Overcome and We Shall
Not Be Moved — and occasionally
chanted slogans such as ‘The whole
world is watching!” .

As the time for the execution
drew nearer, the crowd of onlook-
ers swelled to perhaps a hundred.

About 30 yards down a hall, two
security guards stood in front of the
closed doors to the Governor's Of-
fice complex at the south end of the
Capitol. Outside, two plainclothes
agents stood guard near the ground

y : y +e +f 3 Fi
beet yt ft. v7 5 ale
. +” sg 2
7 i en et .
: 4 ene
oe f See
bs New ee ®t Rr int

Gov. Graham: Saddened.

"| hucsdoy, Dec

“We ask God to somehow help us
make a difference in this particular
case,” prayed Tracy Moore, one of
the protesters.

Kim O'Connor repeatedly cried
out to remind the group: “The gov- |
ernor can say ‘No.’ He has the |
power.” ;

Jimmy Lohman, a member of the |
Clearinghouse on Criminal Justice |
that finds legal help for death row |
inmates, led the group in song with
his guitar.

Statement from Sullivan

Then a statement from Sullivan
was read’ “If in any way my execu-
tion exposes the wrongness of the
death penalty, it will have had some
purpose.”

Men and women wept quietly,
arms locked together in a circle.

Back in the Governor's Office,
Graham was told at 9:57 a.m. that
U.S. District Judge John Moore of
Jacksonville had denied a final re-
quest for extraordinary relief. Ex-
actly 10 minutes later, as Sullivan
was completing his final statement
in the death chamber 140 miles
away, Graham was told that the
11th Circuit Court of Appeals in At-
lanta had denied the cefense appeai
of Moore's denial:

At 10:10 a.m., Graham — stanc-
ing beside his desk — took the tele-
phone for the first time. He asked
McKenzie and Wiedinger if there
were any last-minute stays. There
were none

“There are no stays.” Graham
then told pmson = superintendent
Richard Dugger over the phone

“God save us all.”

Key 2
Ms >

Mia Nv:

an VA

Kesel) Thursday

rcs

Pope’s plea for mercy shows
ehurch’s new ageressiveness

By SYDNEY P. FREEDBERG
Herald Staff Writer

Centuries ago, regicide — the

: practice of assassinating evil rulers

— was accepted by leading prelates
of the Roman Catholic Church. Her-
etics were burned at the stake, and
popes hardly raised an eyebrow.

But Pope John Paul II's virtually
unprecedented plea for mercy in the
case of Robert A. Sullivan shows
bow radically the church's con-
sciousness on social issues has
changed, Catholic theologians and
prelates said Wednesday.

They called the pope's disregard-

ed appeal an attempt to remove am-.

biguities in the church's defense of

” the sanctity of life, but disagreed on

what it said about traditional Cath-
olic thinking. That thinking accepts
the principle that the state has the
right to make its own lz ws and im-
pose the death penalty.

_ “There've been periods when
church spokesmen were relucant to
speak out on this issue,” said Arch-
bishop Edward McCarthy of Miami.
“But it seems to me in recent years
there has been a greater sensitivity
to this issue — becaus2 there has
been a cheapening Jespect for
human life.”

‘A social reluctance’

. Added Bishop Thomas Gumblie-
ton of Detroit, a leading Catholic
pacifist and co-author of a pastoral
letter condemning the use of nucile-
ar weapons: “It's very unusual for
an appeal to be made in a specific

~ cage. But I think it shows that more

and more there's 8 soci: reluctance
om Use pert of the church to take a
ife.

“And I also think Lkere’s a great:
er awareness of the injasice of Lhe
sySem in wick Ofe is takes Eves
if you agrve 19 primine that the
gtate has the righ! to tai:e¢ a Rie, you

“We WS Se Caterul OF Te Wav That

right is exercised ~
McCarthy sad de was “sO

what surprised” when he received
word through Pio Laghi, apostolic
delegate to the U.S., that the pope
wanted the local bishops to appea!
to Gov. Bob Graham to spare Sulli-
van's life.

Two Vatican requests

Other church-watchers were
shocked. There have been only two
documented instances in recent
years when the Vatica. has asked
for execution clemencies, both in-
volving political prisoners.

In September 1975, Pope Paul VI
appealed to Gen. Francisco Franco
of Spain to save the lives of five
Spanish revolutionaries. After they
died before firing squads, the pope
referred to the slayings as a ‘“mur-
derous and barbarous act.”

In February, Pope John Pau! II
asked that six men convicted of kid-
naping and terrorism by secret mili-
tary courts in Guatemala not be
sent to the firing squad. The pope
expressed “sorrow” when his ap-
pea] was ignored.

Vatican involvement in a third
case — that of Texas death-row in-
mate Charles Bass — is less certain.
In June, a papal representative re-
portedly asked Bishop John Mor-
‘kovsky of Houston for information
about Bass, sentenced to death for
the 1979 staying of a Houston mar-
shai. The execuuon is stayed.

A spokesman for the apostohc
delegate in Washington maintained
that an appeal by the pope was
never actually mace to Chat case

‘Recommend clemency’.

“General appeais™ are more com-
mon is January | 983. speaking toa
group of dpbomats um Rome. Joka
Paul gave whet schouars woew as brs
sroagest cenuaaatoa of Cail
pumsiment.

“You can
Hoty See. 13

wadéerstandé tSe
ts humasitamaa coc-

why

cern, is prompted to recommend
clemency and mercy for those con-
demned to death, especially those
who have been condemned for po-
litica! reasons,” he said.

Since the U.S. Supreme Court re-
instated the death penalty in 1972,
American bishops have spoken out
at least 11 times to spare various
death-row inmates.

In their most controversial state-
ment, the U.S. Catholic Conference
of Bishops in 1980 called for an end
to capital punishment in this coun-
try to “break the cycle of violence”
in the taking of a life for a life.

The nation must find better
“ways of dealing with criminals,
[wavs] that manifest intelligence
and compassion rather than power
and vengeance,” the bishops wrote.

A mystery

It is not known just why the pope
selected the Sullivan case to appeal..

Bishop Rene Gracida, now bishop
of Corpus Christi, then an auxiliary
bishop in Florida, met Sullivan, a
Catholic, in 1979. He becane his
pen pal and said he was “rationally
convinced of his innocence.”

“I did not personally ask Pope
Joho Paul to intervene for Robert,”
said Gracida, who has been instru-
mental in the American bishops’
Stand on the death penalty.

Ciencs and theologians speculat-
ec that the pope's futile appeal for
Sull van grew out of his humanitar-
lan concern, as well as his attempt
to show support for local bishops,
who past receathy condemned Gra-
hain 3 Cecisios to sign a death war-
rant for Suluvan The achon was
reperied on Vatican racic

Accoraing lo Use spokesman for
tne Adostotic Delegate in Washing-
toa, Lagh: was contacted dv the
Vaucas “tbe first part of the weer”
ant was told to mxtroct the bora!

NSIC DS TO maake the pica on the ”

POIs § Seal!

Archbishop McCarth)-

S Seapets

Ashamed.
|

Herold

aon oA ONO SUNN

Thy hoy } Dec. (
Pa 2s

As one Florida

Slayer of St. Petersburg cab driver
sentenced by Pinellas County judge.

By BRIAN DICKERSON

And STEPHEN K. DOIG
Herald Staff Writers

Robert Sullivan's body had

scarcely been removed from Flori-
da’s electric chair Wednesday when

a Pinellas County judge condemned

Derrick Tyrone Smith to die for the
murder of a St. Petersburg cab driv-
er. .

The conjunction of those two

events — Sullivan's execution and

Sullivan’s.

° j
views from
death row

Robert Austin Sullivay. executed
Wednesday morning in ke, Fla..
wrote an article, “View 7 Degth
Pow.” for The Herald's Viewpoint

ection on July 24. Here’are ex
erpts from that article:

By ROBERT A. SULLIVAN:

Arriving on Nov. 14, 1973, I pos-
sess the very dubious distinction of
having been on death row for a
longer period than any other cur-
rently condemned prisoner in the
United States.

I have experienced the pressures
of living with a death sentence for
nearly 10 years. Consequently, I be-
lieve that I can offer some unique
insights {and} persona) Opinions on
the death penalty. .

* * ¥

1 firmly believe each and every
capital appeal, where the stakes po-
tentially imclude the forfeiture of
life itself, deserves a complete and
unhurried review at every appellate
court level. The purpose of the fed-
eral courts, in part, is to provide a
System of checks and balances over
the 50 different state court systems
If capital cases on appeal are expe-
dited, I predict grievous mistakes
will surely occur. Some will be
missed constitutiona! violations, but
much worse, there ts the Inevitgbili-
ty thal innocent persons will be Je-
Rally murdered by the states, in-
Cluding Flonda

2 * wv

-@w people on the outside really
comprehend the mind-boggling
pressures of trying to exist with a
death sentence. As i.\iderty. Camus
wrote, “There is no such tnonsfer
On the streets.” ; :

Smith’s condemnation — highlight-
ed anew the gnm dilemma con-
fronting Gov. Bob Graham: Fiori-
da's judges are dispatching convicts
to death row faster than the state
can kill them.

Since taking office in 1979, Gra-
ham has signed 65 death warrants,
more than any governor in state
history, but only two — John Spen-
kelink and Sullivan — have been
executed during that ume.

Now, attorneys for the state's
208 condemned prisoners are wor-
ried that Sullivan's death and the
population explosion on death row
will unleash a wave of executions
unprecedented since Florida legisla-
tors revived the state's death penal-
ty in 1972.

“T are more people on the
row now than at any Ume in the
State's history, and many of them
are late in the appellate process,”
said Steven Gey, an attorney who
represented Sullivan and Texas
murderer Charhe Brooks Jr. in un-
successful bids to escape execution.

> Phe Sullivan Execution
killer dies,

“About 28 of them don't ever
have lawyers,” Gey added. “Those
men are in serious trouble.”

Kay Lusk, who kept vigil in a
pasture across from the death house
dunng Wednesday's execution, said
Sullivan's death made it more likely
that others would die soon. Her
husband, Bobby Lusk, is awaiting
extcuuion for the 1978 murder of a
Flonda State Prison inmate.

“I'm afraid for him," she said.
“I'm afraid for all of them.”

Flonda Attorney General Jim
Smith, an outspoken advocate of
capital punishment, denied that Sui-

another is

* w e e-,
| would like to correct |a}misper-
ception that most people r. In-

digent persons, like myself, are only
provided with appellate cognsel by
the state for the first appeal td the
Florida Supreme Court and for the
clemency review by the governor.
However, there are seven other ap-
peal steps where the state does not
provide appellate counsel. There-
fore, other than clemency and the

first appeal step, indigent defen- |

danis must be represented by vol- |

unteer counsel, including the most

critical period of all, when a death |

warrant is active. These volunteer
lawyers must spend their own
money to pay for all expenses.
Therefore. extensive post-trial in-
vestigations are rare.

w * ¥

Based upon nearly 10 years on
death row, the unique experiences
that I've had reflect that deterrence
is a literal myth. Capital punish-
ment never has deterred and it
never will. Every scientific study
but one supports my conclusion.
Where are all the people that capi-
tal punishment purportedly has de-
terred? I know of not one person
who's claimed capital punishment
deterred him/her from committing
a murder. In-theory, media eX po-
sure would be the vehicle to get the
deterrence factor across to the peo-
ple. Why then are executions delib-
erately concealed from public view?
Why did the massive media expo-
sure surrounding the |John! Spen-
kelink execution jon May 25, 1979}
not reduce the murder rate? The
Only possible answer is that ceter-
rence is a myth promulgated by po!-
cians

livan’s execution would open any
“floodgates."’ Instead, Smith fore-
cast perhaps five executions in
1984, and 10 in 1985.

Smith said two or three cases are
as ‘mature’ as Sullivan's.

He would not say which cases he
had in mind, but in late September
state of ss put the cases of Alvin
Bern ord and Charles W. Prof-
fitt in the same category as Sulli-
van's.

Ford, now 30, was 21 when he
and three companions set out to rob
the Red Lobster Restaurant at 5950
N. Federal Highway in Fort Lauder-

Mismi Verold Thoraday, Dee 1,483

‘ee 24 4

“condemned

dale on July 21, 1974.

Ford shot police officer Dmitn
Walter [lyankoff, who came to the
scene, three times: twice in the
stomach and then in the head at
point-blank range.

Proffitt was convicted in 1974 of
killing Joel Medgebow, 23, a former
high school diving champion in
New Jersey and a wrestling coach
at a Tampa high school. ;

Medgebow was stabbed to death
in his sleep. Proffitt confessed to a
policeman that he had killed “just
to see what it would feel like.”

Moa Kecad d ; Thursday ,Wec | 1485
Lbs

—
> } SA

Sullivan composed .
in death chamber

Once strapped in the chair, Sulli-
van delivered a final statement. In a
strong, clear voice that broke only
once, he read from two white
legal-size pages held by prison su-
perintendent Richard Dugger.

“I hold malice to no one,” Sulli-
van said. “May God bless us all.”

Then he finished his statement
and the mask was lowered across
his face.

Superintendent Dugger took a
telephone receiver and listened to
the voice of Gov. Bob Graham:

“There are no stays. God save us

. all.”

That was Dugger's authorization.
At 10:11 a.m. he nodded, signaling a
hooded executioner to trigger the
deadly 2,200-volt blast.

Sullivan stiffened, clenching his
fists. His knuckles grew red, then
blue. The current flowed for 120
seconds before shutting down auto-
matically.

A medical aide was the first to
approach Sullivan's slackened fig-
ure. Dr. Canh Bien Nguyen, the
prison physician, checked for a
pulse and probed with a stetho-
scope beneath Sullivan's white
shirt.

At 10:16 a.m., corrections officer
Don Gladish turned to witnesses
seated behind a glass partition and
announced: “The sentence of the
state of Florida against Robert Sul-
livan has been carried out.”

~ Nine Executed Since 1976

United Press Internanhonail

Nine men have been executed
in the United States since the Su-
preme Court lifted its ban on
capital punishment in 1976. They
are:

e Mark Gilmere, 4, by firing squad
Jan. 17, 1977, af Pont of the Mountain, Ulan
the first death row inmate execuiud in the
United States in a decade. Convicted of mur-
Gering ® Prove, Utah, motel clerk, he refused
to appee! and feice attempted wicide.

© Jesse Walter Bishep, 44, Oct. 72, 1979, in
the gas Chamnber in Carson City, Mev. for Rilb
ing @ Baitimnore man in Las Vegas. He reject-

area
e Sparikedtrdk, 30, died May TS, 1979, in
the ebectric chair at Starke, Fila, tor murder-
ing 8 male traveling Companion in 197).

@ S$tewen T. Judy, 24 electrocuted AAarch 9.
1991, af indians State Prison for fhe rape and
murder of @ young mother and the drowning
of new three chsicren

Va. pobcemnan, electrocuted Aug 10 1962 af

Virgie State Pemtentiary in @ichmand for
tne 1978 beating murocer of 3 Newport News
woman Tre Supreme Court owerturmed 6
lower Court's slay of execution

@ Chartie Brooks Jr. ©, @ Comvicted mur-
Gerer, on Dec. 7, 1982 on Muntewrlic Ter, Be
carne the firs! prisoner executed by oechon
in the United Slates Bracks was tne firs?
Dick ¢recuted wnce resurnption of the Gaeth
peneity

@ John Louis Evans iff, 3 in Aberna’s
Atrnore Prison Apeii 72, 198) Conwieted of kil}
ing @ Mobile, Ala. Dawnoroker on front of tae
wiction’s chiidren if took three yolty fo melt
Evans, tuehng charges by ant-cactal pwn
ment torces that eiectrocuthon 1s cruel and wir
vine tarnent

eJ Lao Grey. M. on Sept |. MEL mm
the Parchman, Ass, gas Chamber for fie
mrt Gar of & b year-old geri, it was the fi st ea
ecuthon in Missiasipge wince 196d The NAACE
was involved im appeeling Gray's ceath sen
tence, fearing his exeCcUnOn would Fetat! i mer
merous executions Of Diack 4.

® Rebert A. Swilivan, Je, electrocuted Now
30, MAGI, of Stark, Fle, tor adducting and bolt
ing @ motet chert after a roObery vv wr)
Gav Bod Graham rejected an COE herd
Clemency appee! trom Pope John Peui 1)

ville and the Florida Supreme Court
in Tallahassee early Wednesday
morning, but none would block the
execution.

A third appeal, to the 11th Circuit
in Atlanta, was rejected moments
before Sullivan's execution.

Sullivan's plea for clemency had
been supported by Florida’s Roman
Catholic bishops, with an endorse-
ment from Pope John Paul II. The
prisoner spent a sleepless final
night with a Catholic priest from
his home town of Belmont, Mass.
The Rev. Robert Boyle had flown
from a sabbatical in Rome to be at
the condemned prisoner’s side.

mated and the remains sent to
Nashua, N.H., where Sullivan lived
before he became a University of
Miami student. Lawyer Steven
Bronis, who represented the accom-
plice in the 1973 murder case. said
he understands Sullivan's adoptive
father is buried at Nashua.

His adopuve mother, Stella Sulli-
van of Arlington, Mass., refused to
be interviewed Wednesday.

Sullivan, who,signed papers com-
mitting his mother to 4 mental insti-
tuuion shortly before his 1973 ar-
rest, has not heard from his mother
since he was condemned to death.

Mic hes al ol Thursday Dec

A quarter-mile from the death
chamber, in a fenced-in pasture
guarded by dozens of corrections
officers, a handful of protesters and
more than 100 journalists waited si-
lently for word of the execution.

Confirmed execution

United Press International re-
porter Paul Wyatt, one of a dozen
journalists selected by lottery to
witness the execution, confirmed
Sullivan's fate to the other report-
ers by waving a yellow paper nap-
kin as he and other witnesses were
escorted from the death chamber.

In Green Township, Ohio,
Schmidt's widow cried and hugged
two of her four children upon learn-
ing of Sullivan’s death.

“I’ve constantly worried, night
after night, day after day, that some
way, somehow, justice would be
circumvented by some kind of ma-
neuvering in the court system, and
this person who deprived me of a
husband and companion and my
four children of a father and pro-
vider would eventually be free to
roam the streets again,” ~~ ose
Schmidt said.

“I thank God that I will finally be
able to experience some peace of
mind knowing that justice has been
served and this person at least will
never deprive another family of a
husband and father,” she added.

Last-minute appeals

Like John Spenkelink, the only
other prisoner executed in Flonda
since the state’s death penalty law
was revised in 1972, Sullivan was
killed only after judges rejected a
flurry of last-minute appeals.

Originally scheduled to die Tues-
day morning, Sullivan won a brief
reprieve when the llth U.S. Circuit
Court of Appeals issued a stay just
before midnight Monday so that its
12 members could be polled on
whether to schecule a new hearing.

But the appellate judges lifted the
stay late Tuesday, and prison offi-
cials reschedulec the execution for
10 a.m: Wednescz2y.

Late Tuesday night, the U.S. Su-
preme Court refused Sullivan a stay
by a 7-2 vote The condemned
man's attorneys filed new appeals
in U.S. District Court in Jackson-

cena

1, 1483

The priest, who said mass and de-
livered the last rites of the Catholic
church before leaving the prison at
7 a.m. Wednesday, told friends that
Sullivan remained calm and was
even “jovial” in his last hours.

During the night, Sullivan had
spent four hours in a visiting area
with one of his lawyers, three Cath-
olic priests, a friend and the Rev.
Joe Ingle of Nashville.

“It was an upbeat scene. It was a
loving thing between people who
care about each other,” said Ingle,
director of the Southern Coalition
on Jails and Prisons. ‘I think Bob is
going to his death unwillingly of
course, but with peace in his heart
and forgiveness for the governor
for the murder he is committing.”

Final breakfast

Guards appeared at 6 a.m. to
serve Sullivan the final breakfast he
had requested: a 32-ounce steak,
french fries, fresh strawberries and
milk.

“He started it with gusto, but he
didn’t eat much,” said Vernon Brad-
ford, Florida Department of Correc-
tions spokesman. Sullivan's spints
slumped after Boyle’s departure,
Bradford added.

Tom Wright, a staff attorney for
the Florida House Committee on
Criminal Justice, appeared at 7 a.m.
to act as official observer for the
execution preparations.

Prison officials said Wright's
presence was intended to avert a re-
peat of the controversy that fol-
lowed Spenkelink’s execution,
when some witnesses said that the
condemned man was beaten and
ridiculed by the guards who pre-
pared him for death.

Wright was present as Sullivan's
head, and right leg were shaved.
Then the prisoner showered before
changing into the new white shirt
and navy trousers provided. by
guards.

Although visibly distraught, Sul-
livan did not resist. He was led into.
the death chamber without mana-
cles, drawing long breaths to com-
pose himself before Celivering 2
fina} statement.

Witnesses. who had been led into
about 15 minut
as the pmsoner was strapped into
the oak chair

One of them. the Rev Vincent
Daily of St John. St. Hugh Partshin
Roxdurv, Mass. raised Mis fistin a

gesture of support as guarcs strap
ped Sullivan's head into p.dce Suto
wan ackrc wiedged the pmest win
cod

Then the dealin work Oe kan

Affesward, some wWiltesses am
seared awed Dy Sulusan’s Compe
sure cn the inresneid of Geatn

“Hog man can Ge with chants
under these circumstances, them ke
Gey win agsive see Berm Ro
wie, & JaceksOOwe Tew Master
who witrmeased the executes

The mate. Ct pounds anc kX
feet for thes We was MPT ONAL
SW errsiowes Of She somes b omera.

Pome of plat fw ay 1 lw Cre:
\

Lynn Dowell, a neighbor from
Sullivan's youth in Belmont, said
the inmate had sent his mother
cards and letters regularly, “but she
never wrote back.”

While a vigil was kept outside
the Governor's Mansion in Talla-
hassee, a small group of death-pen-
alty opponents began gathering out-
side the prison late Tuesday night.
Among them was Kay Lusk, whose
husband is condemned to die for the
1978 murder of a Florida State Pris-
on inmate.

“This is a nightmare. I can't be-
lieve it's happening.” said Lusk,
whose husband, by, has ap-
pealed his convictiog to the Florida
Supreme Court. “Where 1 come
from, in Missouri, only God has the
right to judge.”

A few yards away, St. Augustine
Bishop John Snyder defended the
Catholic Church's futile campaign
to block Sullivan's execution.

“Our stance is not taken on the
basis on whether a man is innocent
or guilty.’ Snyder said. “We have a
duty to intervene in matters of life
or death.”

Demanding crucifixion

In Miami, Archbishop Edward A.
McCarthy said he was reminded of
a crowd demanding the crucifixion
of Jesus.

“Today 1 feel ashamed to be a
Floridian,” the archbishop said. “I
do not see how this state can pro
mote respect for the sacredness of
life by taking another life.”

As the hour of execution ap
proached, death penalty opponents
were joined by a group demonstrat-
ing in support of capital punish-
ment. The League of Victims and
Empathizers, whose members in-
clude relatives of murder victims,
erected signs that read “Justice for
the victims” and “We support Gov.
Graham”

Half an hour before the execu-
tion, a thick cloud of black smoke
rose from a building adjacent to the
death house, diverting the cemon-
strators’ attenuon.

Department of Corrections offi-
cialis explained that a diesel genera-
tor was being fired up to power the
pmson dumng the execution: the
local utility would play no part in
Sullivan's end.

Ten munutes later, a cream-col-
ored Jearse rolled up the pnson
drive, parking 20 feet from the door
leading to the death chamber

Finally, the hour of execution ar-
rived. The spectators in the pasture
grew silent, their gazes mveted or
the distant Ceathhouse

5 Tunutes, they wae
Then, at preciseiw a Quarter past the
hour, an unforgettadie spectacie:
Sirds. at feast a hundred of them

taaing flugnt over the deathhouse A
j 2

< te
Or ’
Ue

i 4enA4 - we R - -
mundrecd Duca BiTcs, Tsing lKe

i@>> AUTO KY

ee ees

One munute Later, Sullivan wasr—-%

pronounced dead.

Heooll sich ustiters Amold Mc-
noweis. Stepten K Dote ond acco
T report
mT cho wes supplemented by Herne

meh OES

comtebuted to thee

bows Le ow wt ek we

~4
%

aes need

‘

—

The ew York \

—

'E NEWYORK TIMES, THURSDAY, DECEMBER 1, 1983

> 3

Murderer Executed’

Despite Plea by Pope
And Florida Bishops

By REGINALD STUART

Special to The New Yor Times

STARKE, Fla., Nov. 30 — Robert
Austin Sullivan, a convicted murderer
whose fight to avoid execution was em-
braced by Pope John Paul! II and de.
plored by the Chief Justice of the
United States, died today in the electric
chair.

AS supporters and opponents of the
death penalty staged orderly vigils out-
side the state prison here, a hooded
State executioner sent a two-minute,
2,000-volt charge of electricity
Mr. Sullivan's body at 10:11 A.M.

The jolts were activated with the
shift of a lever controlling electrodes
attached to Mr. Sullivan’s head and
lower right leg. Both had been shaved
earlier in the morning to insure contact
with the electric charges.

Mr. Sullivan, 36 years old, was pro |
nounced dead at 10:16 A.M. The execu- |
tion was carried out ‘‘very smoothly,"’
satd Vernon Bradford, state correc-
Uons spokesman.

“if@ man can die with dignity under
these-eircumstances, then he died with
dignity,”’ said Bert Roselle, one of the
reporters who witnessed the execution.

Douglas Hoyte, another reporter,

} Said Lnat before ihe axecution, Mr. Sul—_

livan read a two-page statement, paus-

* Continued on Page D277, Column 4

8 ee Os ee ~e

Murderer Is Executed in the Fi lorida Electric Chair

Continved From Page Al

ing several times, apparently to hold
back his emotions. In his final words
before taking his seat in the chair, he
told his fellow tnmates on the Florida
death row, ‘In spite of what is about to!
happen to me, do not quit. ;

“I hold no malice to none,"’ he con- |
cluded. ''May God bless us all."’ |
|

The execution of Mr. Sullivan, one of |
280 people condemned to die tn Florida, |
was the first in this state in four years. |
It came 10 years after Mr. Sullivan's
conviction for the 1973 murder of Don-
ald Schmidt, an assistant manager ata
Howard Johnson's Motor Lodge in |
Homestead, where Mr. Sullivan was |
once a manager. |

Nationally, Mr. Sullivan was the
ninth man to die under a death sen-
tence since the Supreme Court lifted its
ban on such punishment in 1976.

Bishop Appealed to Governor

Gov. Bob Graham, who gave final or-
ders for the execution this mommg
from his office in Tallahassee, had
been swamped with calls and letters
this week for and against the execution.

Tuesday the Roman Catholic Arch-
bishop of Miami, Edward A. McCar-
thy, appealed to the Governor on behalf
of the Pope that the execution be set
aside for ‘humanitarian reasons."’ Mr.
Sullivan, a Catholic who was consid-
ered a model inmate, had been coun-
seled by the church's prison ministry
for several years and in turn was a
counselor for other inmates.

Governor Graham, maintaining that
“the time has come for finality," ac-
knowledged the concerns of the death-
penalty opponents but stood by the
decision he made earlier this month to |
put Mr. Sullivan to death.

Last-ditch legal maneuvers by Mr.
Sullivan's attorneys fafled twice tn the
last month, the final effort concluding |

| order, Chief Justice Warren E. Burger

late Tuesday. After the United States
Court of Appeals for the i}th Circuit in
Atlanta vacated its one-ciay-old stay of
execution, the United States Supreme
Court voted 7 to 2 against rehearing
Mr. Sullivan's appeals, thus removing
the last legal! obstacle to execution. Ina
written comment to the High Court

issued a blistering attack on Mr. Sullt-
van and nis lawyers. |

““T emphasize that this case has been |
in the courts for 10 years and is here for |
the fourth time,”’ the Chief Justice |

said he had ‘“‘fine character traits,"’ de
Spite a ‘‘rather difficult home life.”’

Mr. Sullivan studied business admin-
istration at the University af Miam but
dropped out in 1971. He took a jod at the. _
motel in Homestead, south of Miamu,

a“
eventually becoming a ee
gust 1972, however, he rged

with stealing from the lodge; he
pleaded guilty and was sentenced to
five years’ probation and ordered to re.
fund $6,000

On April 8, 1973, the state contenced,
Mr. Sullivan and Reid McLaughiin, a

wrote. ‘This alone demonstrates the | fnend. robbpd the lodge, bound and

Specious suggestion ofa ‘mish to judg-
ment.’ The arguments so often ad-
vanced by the dissenters that capital
punishment {s cruel and unusual 1s
dwarfed by the cruelty of 10 years on
death row inflicted upon this guilty de-

gagged Mr. Schmidt, drove him to the
Evergiades and murdered him.

Mr. Sullivan asserted that he did not
commit the crime. But investigators
accumulated volumes of evidence
against him, including the adhesive

fendant by lawyers seeking to turn the | tape used to bind the victim and the tire

administration of
‘sporting contest.”

‘Your Rights Den’t Run Out’
Steven G. Gey, the New York City at-

justice”

tourney who had pursued the latest re |

hef efforts for Mr. Sullivan, disagreed .
“Regardiess of what Chief Justice
Burger said, your rights don’t min out
in 10 years,’ Mr. Gey said.

He said the Supreme Court vote and
Chief Justice Burger's language added
to @ growing perception that the Court
is less and Jess inclined to rehear argu-
ments in capital cases. ;

Mr. Sullivan, born July 20, 1947,
never knew his parents. He was
adopted two weeks after his birth by a
couple in Nashua, N.H. They later di-

Into @ | tron used to kill him. In exchange for a

lighter sentence, Mr. McLaughlin testi-
fied against Mr. Sullivan.

Called a Model Prisoner

In prison, Mr. Sullivan had been a
model prisoner, according to prison of-
ficials and Catholic pnests who had
worked with him over the last few
years. :

It was the Catholic Church's minis-
try at the prison that eventually per-
suaded two Catholic bishops tn Florida
to take an interest in Mr. Sullivan's ef-
forts to avoid execution, at a time when
the Florida bishops were stepping up
their efforts to generate public senti-
ment against the death penalty,

vorced, and he moved to Belmont,
Mass., with his adoptive mother.
A recent article in Tne St. Peters-

| burg Times quoted Kathenne E. O'-

Bnen, one of Mr. Sullivan's elemen-
tary schoo] teachers, as remembered

him as ‘‘trustworthy, honest and reit- |
able.’ Robert L. Blaney, principal of |

the school, Winn Broox Elementary,

Last spring, at a meeting with Mr.
Graham, the bishops appealed to him

| nut to sign the Sullivan death warrant. |

| He did not until Nov. 3

Patents
Saturday in Business Day
The New York Times

|
|

‘came the ninth murderer

The We she C*¢ sohercton | Cost “a

van. ‘Executed

. a ate

“By Rick Atkinson

Washington Post Staff Writer
: Robert A. Sullivan, who spent
more than 10 years on Florida’s .,
death row for. conviction of killing
the night manage? ofa Howard
Johnson's restaurant, - . yesterday
walked sobbing but unassisted to the
state's electric chair and was exe-
cuted with a 2-minute surge of 2,000
volts.
His head and lower right leg
shaved, Sullivan sat in the three-
legged oaken chair and read passages
of the 62nd Psalm scribbled on a
legal pad: “And in God alone is my
soul at rest, because my hope comes
from within,” authorities at Florida
State Prison at Starke said.

“To all my peers on death row,
despite what is about to happen to
me, do not quit,” Sullivan said, ac-
cording to prison spokesman Vernon
Bradford. “I plead and encourage a
continued effort to end this monster
called capital punishment.”

As two dozen witnesses watched,
Sullivan’s head was covered with a
black hood. At 10:10 a.m., Florida
Gov. Robert Graham told prison Su-

rintendent Richard Dugger by

_ephone, “There are no stays. God
gave us all,” according to Patrick
Riordan, a spokesman for the gov-
ernor:

‘ One minute later, a black-hooded
executioner unleashed the massive
polt of electricity. Sullivan was pro-
nouned dead at 10:16 a.m.

_ A former Howard Johnson's res-
{aurant manager, Sullivan, 36, be-
in the
United States to be executed since
the Supreme Court lifted its ban on
capital punishment in 1976. As the
imate with the longest tenure on
death row in the nation, Sullivan
was also the 199th convict to die
since 1924 in Florida's electric chair.

The adopted son of a Harvard-ed-
ucated surgeon, the 6-foot, 280-
pound Sullivan battled for a legal
reprieve until moments betore his
death, when the I1th U.S. Circuit
Court of Appeals refused to delay it
further.

On Tuesday night. the Supreme
Court, by 7 to 2, also declined to
spare Sullivan, noting in an unsiyned

pinion that “there must come an
ad to the process of consideration
and reconsideration.” That decision
is believed to be another sign that a
majority on the high court has grown
impatient with the protracted legal
maneuvers. ensnarling capital pun-
ishment cases.

Despite a plea tor mercy trom

Pier ne 3 are
ou 9 ot Wad, v te)
d*p- A

Protesters above
demonst: ate against
capital punishment
outside Florida State
Prison in Starke
where Robert
Sullivan, right,
awaited execution
for murder. Below, a
hearse removes his
body after he was
electrocuted.

in! Flori

AS PET RETR ENI 298 TE
f weal 7

Pope John Paul [, Graham also re-
fused to spare the condemned man.
About 30 death penalty protesters

the penitentiary

, : _
Kept a Viel outside

walls yesterday morning, accordhn,
4 1) rit
to the Associated Press. bhey were

fanked by several people supportin:

e247 fox ruta rac Shy ia sea eat
bid nie “4 ‘ oe Peericy ~
SB 7 is sags Y ws oe
Binders: x P r? aT. SH
; S, ; ek <. eg "Fay Bt:
Sak Pony. rE oR :
i nes SP : a ini aa
ie oe Sear:
=e * oy

the execution. Groups opposin cap-
' nunishment were Quicxr to
execution oof Sullivan,

oh proedy ’ \ 4 Wh)
though name oof thease contacted

NAACP Legat Defense Fund, there,
were 1,268 persons on death row in
the United States. -

“The death penalty is supposed to
be reserved for the very worst of the -
cases,” Stephen ‘Bright, director of
the Southern Prisoners Defense
Committee in Atlanta, said. “But of
the offenders, Sullivan is probably
among the least deserving of execu-
tion, It’s a classic example of the
arbitrariness of the system

Sullivan maintained his innocence
until the end, claiming in an inter-
view with the Florida Times-Union
that he had been singled out because
the state wanted to prove it could
execute “middle-class white boys.” gg

Last week, Roman Catholic Bish-
op John J. Snyder told the same
newspaper that a Boston man had |
confessed to his priest that he was

‘with Sullivan in a Miami gay bar at

the time of the murder for which
Sullivan was convicted. But the
church was unable to provide further
details about the witness because
revealing details from the confession-
al is grounds for excommunication.

A college dropout who became
manager of the Howard Johnson's
restaurant in Homestead, Fla., Sul-
livan was sentenced to five years
probation in August, 1972, for steal-
ing $6,200 from his employer.

With a friend, Reid McClaughlin,
Sullivan returned to the restaurant
on the night of April 8, 1973, and
killed night manager Donald
Schmidt with a shotgun after rob-
bing him, according to David Skip-
per, spokesman for the Florida De-
partment of Corrections. Schmidt's

watch and credit cards were found
on Sullivan when he was arrested.

MeClaughlin, who agreed to tes:
tify for the-state against Sulitvan
was sentenced to lite imprisonmen'
and was paroled in TMs, Skippe:
said. Sullivan was sentenced to cic
and entered death row at Starke o:
Nov bd. 1aas. He came within o>

JVb SE Pye ty pree

hours of execution dy tte:

stay Was isstied, andl Vexterc ios ele
trocutton fobiowWweeb a ce fait Gene
caused by lesa} skirminstin.

. i

'
Defense alformevs ahilea

cesstully in) their appeais Chae

' ;

e . AR’ OF, ’ + \\ 3
trial lawvers tailed te tnvestigat

Pies « ‘ 1) j + eee cen
Suilivan’s alibi, that the svstem
+t :

‘ hninisterin 4 Giese ehdac’ :

crimuinates against Chose convicted

} ’ q oye HYoe
killing whites, and Uhat Sulivat
sentence Was net compared wi
thy > \, y 1 1, yr r
those Hanae (down } if
ists
|
Cb am 4 pray Salle ry
revel nyeal at
4 a add Wed oO. tan Te
ei Vs )
ms HN Feash straw t

@ 1963, The Washington Post Company

THURSDAY, DECEMBER 1, 1983

DEATH PROTEST

oc Lane iomeen mba merece patty Att orcas mie

Death penalty protesters grieve at word outside Florida
State Prison in Starke that Hobert Sullivan, a convicted

Ane iateet bho

murderer, had been executed in the electric chair. Sullivan

Was a death row inmate for 10 vears. Slory on Page AD

ne,

vive. 3
ee

wa oy

we we re wr

An unidentified woman bows her head in apparent prayer at a fence across
from the Starke prison before Sullivan’s execution.

,
|
|
t '
| . i]
| t |
) i
¥ 1
1
- t

ol Se ja ar et ‘ ;
ERIK LESSER / bhhoerd bared

Death venaltv opponents unite in protest outside Florida State Prison in Starke.

The William Paterson College of New Jersey. Wayne, New Jersey 07470 » (201) 595-2119

UPC

Department of Administrative, Adult and Secondary Programs
June 23rd 1983

Dear Reader,

I'm writing this introduction to the second edition of Robert A. Sullivan's Case
Report because I've been monitoring the case for several years now and during that
period I've come to know Bob Sullivan well--both in his strengths and in his weaknesses--
and, from that knowledge, I am quite clear that he did not--indeed ne could not--commit
the crime of which he has been convicted. Further, I must concur in his solid belief--

based as it is on diligent research by him and those who are assisting in this endeavor
--that he was framed.

by a number of people in several states united in belief in Bob's innocence and mutually
dedicated to seeing him exonerated.

We've choosen the rather dramatic front cover--a photograph of the actual Electric
Chair at Florida State Prison--to remind you of the horror that awaits Bob unless we

continue to press for his freedom. We want to make sure that we keep Bob Sullivan out
of that chair. ;

This second edition of the Case Report is updated and revised and considerable new
material is added. It attempts to present as clearly as possible all the known facts
for your information and consideration. The case is complex, and the ramifications and
variations are extensive. I beg your patience, however, and encourage you to READ EVERY
WORD. You will be rewarded by a clear vision: Robert A. Sullivan is innocent and his
conviction for this crime constitutes a gross micarriage of justice.

In addition to the several Appendices, I've constructed a CAST OF CHARACTERS and
placed that on the back page for easy reference. Use that to refer to as you read
through the main body of the Report; you will find it helpful, for quite a number of
individuals were involved, and you need to keep them sorted out as you read--particularly
if you are reading this Report for the first time.

In the Appendices, I call yourattention in particular to Appendix C, an article by
Steve Gettinger from Rolling Stone magazine which makes clear why it has been so diffi-
cult to gain cooperation from alibi witnesses. This is particularly true of Thomas
Murphy. Appendix D is a chart we have created which will make clear how a number of
alibi witnessess do clearly place Bob at Keith's Lounge in direct opposition to Reid

McLaughlin's testimony. Appendix E includes an editorial column by columnist Tom Wicker
of the New York Times.

It is imperative that you realize that private donations are absolutely essential.
There is no other source of funds and the fruits of investigation provide the keys which
oan bring this case to a successful conclusion...and investigation costs money. Virginia
Snyder is a very fine private investigator; she's made many advances through her research;
but we need Virginia to do more...and only YOU can "make that difference" through your

own generosity. Do send in your contribution NOW. The address is on the bottom of the
back page.

Thanks for your attention. Your interest and concern is shown by your Willingness to
read through the report. Only when you are fully informed and clear of Bob's innocence
--or even if you only recognize a “reasonable doubt"!--then you should do as I have done
a number of times before, and am doing again: CONTRIBUTE TO RASLDF! There is this thing
that you can do for justice. Read the Report and DO IT...NOW!

I commend your decision in this matter to your own higher nature or to whatever sense
of a higher power you yourself acknowledge.

Thank you!

alph H. Walker
Associate Professor

I_INTRODUCTION

i i i i ally ask that you
I, Robert A. Sullivan, would like to take this opportunity to person
please read this entire booklet, which has been prepared by several members of RASLDF,
the Robert Austin Sullivan Legal Defense Fund. Our hope is to thoroughly acquaint you
with the chain of events which occurred to me, because in reality, it could happen to
anyone, including YOU!

i is fi sure to it, I held certain presumptions concerning the Ameri-
can poise pea hang “Syaten A nT hace under the definite misconception that innocent
persons were not wrongfully convicted of crimes. To say that I was naive and unin-
formed would be an understatement. On November 12, 1973, in Miami, Florida, I was
sentenced to die by Judge Edward Cowart for a crime that I did not commit! I have been
struggling hard ever since trying to establish my innocence.

Duri the years since my conviction 15 persons who had been convicted and sen-
tenced ay die in the U.S. mie 4 subsequently been proven innocent and all 15 have been
released. This demonstrates that our Criminal Justice System is fallible. Pasa if any
among these 15 persons had been executed before proving their innocence? This fact
makes a powerful argument for opposing capital punishment. There is a very real peer
that an innocent person could be wrongfully executed. _ John J. Buckley, retired She :
of Middlesex County (Massachusetts) and current president of LEAD, Law Enforcemen
Against the Death Penalty, is quoted in the February 15, 1981 issue of the Housten
Chronical, as follows: "We know there is an error rate which none deny, and it may De
as high as twelve per cent, for the criminal justice system is far from perfect. There =
no way that such a wrong as the sacrifice of life itself against an innocent person ~~ e
righted." Based upon a 12% error rate, among the 1,200 persons peicben’ 5 condemned to
die in American prisons, how many innocent persons are now on death row?

-five in early 1973, I was a carefree bachelor. _Ending up on death
row he pb we he my ate I had held responsible positions in the career field of
Hotel and Restaurant Management. I had grown up in New England, mostly in Belmont,
Massachusetts, a suburb of Boston. I had been adopted as an infant. My parents sep-
arated when I was six. I was raised as a Catholic, a member of Saint Joseph's parish -
Belmont. After graduating from Belmont High School, I enrolled at the hie ela °
Miami (Florida) in the fall of 1965. During four of the next five years, I attended college
(no degree) majoring in Business Management. I wanted to prepare myself for a career
in Hotel and Restaurant Management.

e enjoyed m ears of college at the University of Miami. While there, I
Secs cand jociraad satitantin from participation in the Intramural Athletic ioe:
having received several awards for achievement and leadership. I regret leaving co oee
without earning my degree. I accepted a job offer in June, 1970, from the ——
division of the Howard Johnson Company. I quickly advanced from a manager kings
assistant manager, and to manager of my own unit, within ten months. In ee: 19 .
I was promoted again to manage the Homestead restaurant, the third highest volume uni
in the Miami area.

ather suffered a stroke in June, 1972, I elected to return north to live
with tee Kees New Hampshire and in September, 1972, I accepted a position in
management at the Sheraton Wayfarer Hotel in Bedford, New Hampshire. I welcomed se
opportunity to diversify my skills and experience. When my dad's health had ne SE speed
I accepted a job offer to become Assistant Director of the Rathskeller ade ae me
University of Miami. I was scheduled to commence work on April 23, 1973. I ha 4 .
friends with Joe Pineda, the Rathskeller's Director, since 1967. Confidentially , he a
alerted me to the fact that he intended to switch jobs at the college in June of 1973 in
order to avoid the increased sales volume expected for the Rathskeller with the change in
drinking age from twenty-one to eighteen which would take place July 1st of that Fr
Pineda promised to recommend me as his successor. “a welcomed the challenge. Z “
grown tremendously excited at the prospect of returning to the campus yp ig w “ ‘
had lived the best years of my life. However, I never made it to the first day of employ
ment.

tead, I was set up for a murder committed by others. Assisting the conspira-
ne ‘otlics really aid number on me as well. To this day, I cannot be a
certain who committed the crime or why. Several combinations of possibilities seit
emerged from investigation. I do know with certainty that I did not rob the ce
Howard Johnson restaurant on the night of April 8th-9th, 1973, nor abduct and a
its assistant manager, Donald Schmidt. On the night of the crime I was in South F = =
however, I was in Keith's Cruise Room, a Hallendale lounge, at the time the crime too
place and we can now prove it, using alibi witnesses.

i i Since then, I
On April 17, 1973, I was arrested for the murder of Donald Schmidt. :
have potas a living nightmare. As you read the case history, it should enable you to

*My father died February 1, 1979 while I was imprisoned in the State of Florida.

decide for :If, using all the known facts. I am confident you will conclude that
much more than a reasonable doubt exists to support my innocence. Should you reach
such a conclusion, I hope and pray that you will consider supporting RASLDF. We
desparately need additional funding to pay for additional investigation, which costs two
hundred fifty dollars a day, plus expenses.

Investigation is the only effective means to accumulate sufficient new evidence and/or
witnesses which would be potent enough to convince the courts to order a new trial.
Contrary to popular belief » for indigents like myself, a state's legal obligation to furnish
counsel ceases at the conclusion of the first appeal step. My first appeal (see Appendix
A) ended on November 27, 1974. Therefore, if I am ever to have the opportunity to

demonstrate my innocence in a court of law, it must come about as a result of private
donations.

After reading the following presentation, if you also believe that I deserve another
day in court with an opportunity to prove my innocence, I ask that you kindly consider

supporting my cause with a financial contribution. Thanking you in advance for your
consideration.

Respectfully submitted,

Robert Austin Sullivan
#039870

P.O. Box 747

Starke, Florida 32091

I]_ OBJECTIVES OF ROBERT A. SULLIVAN LEGAL DEFENSE FUND

several attorneys (including a former sdistrict attorney), many clergymen, : untless
others. We'd like you, too, to join our cause as well, in some way, if onl: pirit or
prayer.

There is a saying that there are no rich people on death row. The level of effec-
tiveness of a defense is in direct proportion to the amount of money and effort expended
on it. The richer a defendant, the better the defense, which consequently reduces the
possibility of conviction and/or maximum sentence. Clearly, Bob did not have an ade-
quate trial defense, and we blame Denis Dean, whose entire defense consisted of two
witnesses -- incredible?? Based upon what our investigation has already produced, any
lawyer worth his salt would have subpoenaed at least fifteen persons as defense wit-
nesses, in order to impeach State witnesses and/or to corroborate Bob's trial testimony.

Every person affiliated with RASLDF has donated their time without compensation.
Other than reimbursement for out-of-pocket expenses, all contributions are forwarded to
Roy Black who in turn uses the money to pay for his expenses to defend Bob and to -
retain the services of competent backup personnel, such as Virginia Snyder, as funds are
available. Previous contributions have achieved very measurable progress. Nevertheless,
this progress has not yet been sufficient to convince the court(s) to order a new trial.
We'd like to financially be in the position to turn Virginia loose to complete all possible
investigations instead of random selection dictated by budgetary limitations. We appeal to
you to please support the efforts of RASLDF.

Time is no longer our ally; it has become our enemy. Unless we are able to soon
find significant additional witnesses and evidence, the danger exists we could lose Bob to
Florida's executioner! While time still permits, we need many thousands of dollars to
apply to investigation. If Bob's appeal should lose at the United States Supreme Court
(see Appendix A), Governor Bob Graham can be expected to swiftly sign a second death
warrant against Bob. Bob's Writ of Certiorari to the U.S. Supreme Court should be filed
during the summer of 1983. Efforts also are underway in the hope of seeking a sentence
commutation from Governor Graham. The ONLY possible means for us to prevent Bob's
execution, if a second warrant is signed, would be to convince the courts that we had
discovered sufficient NEW issues which had a substantial likelihood of success legally in
order to justify the court(s) to issue a Stay of Execution. We need to be ready to meet
those standards, if necessary. Everyone affiliated with RASLDF hopes that you will help
our cause.

Sincerely,

Ralph L. Jacobs
Director RASLDF

III THE CASE HISTORY

The Case of

Robert A. Sullivan —

ee ee

RT RRG

CASE REPORT
Revised July 1983

; Every Ss night at Keith's, there is a single show which starts shortly after
midnight fea Michael St. Laurent. These shows usually last about 90 minutes.
Upon arrival eith's on April 8th at 11:30 p.m.,.Bob Sullivan first talked to Billy
Harlow who was celebrating his 18th birthday that day. After purchasing a drink from
Peter and Mike's bar station, Bob bumped into Robert Porter whom he knew casually from
Boston. A few minutes later Thomas Murphy arrived. He, too, was from the Boston area
although Bob had only met him for the first time several days earlier at Tee Jay's Lounge.
Murphy had told Bob that he was a lawyer. As showtime approached, Bob and Murphy
decided to get a good table from where they could view the show together. Not long
after the show began, Bob said he received a note from Mike the bartender, hand-
delivered by the waiter, which asked Bob if they could talk during the show while Mike
was not busy. Bob excused himself from the table and walked the short distance to
Mike's bar station. After conversing with Mike for about 20-30 minutes, Bob re-joined
Murphy at their table until the conclusion of the show, around 2:00 a.m. Thereupon,
Bob and Murphy had drinks at Mike's bar station until Keith's closed at 4:00 a.m. After-
ward, Bob, Murphy, and Carmack drove separately to Tee Jay's Lounge in Hollywood.
Bob left Tee Jay's alone at 5:15 a.m. to return to the motel.

What Bob did on the evening of April 8th-9th is important because a robbery-murder
took place in Homestead during those hours. The distance from Keith's Cruise Room to
Homestead is approximately 40 miles. The crime was investigated by Officers Willock and
Tauriello of. the Homestead Police Department. Willock's report indicates the crime started
sometime after 11:30 p.m. when Collette Rush left work leaving Donald Schmidt alone in
the restaurant's office. Debbie Lambert, another waitress, had left at 11:15 p.m. Most
unusually, both waitresses left via the back door, which had not been locked. Frank
Barden, the manager, told Willock that Schmidt had intended to join him for a drink at
the Holiday Inn lounge located next door to Howard Johnson's. Barden had spoken to
Schmidt at 11:15 p.m. by phone and learned that he was almost through work. Carol
Thomas said that she was with Barden at the Holiday Inn lounge from 9:00 p.m. until
about 12:10 a.m. Barden claims he decided to return to Howard Johnson's when Schmidt
didn't show up. Barden told Willock he arrived at Howard Johnson's at 12:30 a.m. and,
finding Schmidt's car still in the lot but with the restaurant lights out, he decided to go
inside to investigate. Schmidt was not present and over $2,700 was missing from the
bottom safe. The police report lists the call to them was made at 12:49 a.m. Officer
Willock listed Charles Gazzel, a former employee, as the suspect.

Schmidt had been in Florida working at Howard Johnsons for less than three weeks.
About one week before Schmidt's disappearance, he had fired Charles Gazzel on Barden's
instructions. The police reports noted that Gazzel had been hanging around Howard
Johnsons for a couple of days preceeding the crime. Gazzel shared an apartment with
two waitresses, Debbie Lambert and Janet Lee Witter. On April 8th, Ms. Witter reported
to the police that Charles Gazzel stole some jewelry and $200 in cash from her room.
Lambert reported nothing missing. It seems odd that Gazzel would steal from one room-
mate but not the other. Incidently, Lambert worked the counter on the night of April

Pan Gazzel disappeared on April 8th, on the same date the crime was committed. Coinci-
ence or...7

__,. The Howard Johnson Company has certain strictly enforced policies intended to curb
inside theft and decrease the possibility of robberies, particularly at night. All of these
policies were fully known to Bob Sullivan due to his previous employment. For reasons
never explained but occurring ONLY on April 8th, nearly every critical policy affecting
security was ignored at the Homestead HoJo, as if it had been planned or intended.

Officer Willock learned that the following Howard Johnson policies were violated on April
8th; and only on that date: :

1) After closing, employees left by the back door. Policy requires the manager to let

customers and employees out the front door, which is to be kept locked after clos-
ing.

2) The back door was left unlocked after closing. The back door should be Kept
locked at all times, especially after dark.

3) Regardless of the circumstances, no employee, including management, is permitted to
remain ALONE in the restaurant after closing. Schmidt was alone.

4) All HoJo restaurants are equipped with two safes. One is exclusively for the man-
ager’s use while the second safe is used by certain designated employees including

the assistant Manager. All excess cash on hand, including daily receipts, should be
held in the manager's safe. ;

A) All deposits of receipts should be made daily; however, there were three day's
receipts on the premises.

B) Since all excess monies should be in the manager's safe, why were three day's
receipts in the safe to which Schmidt had access, rather than in the manager's
safe or deposited in the bank?

| How all of the above could occur on April 8th and ONLY on that night may be the
key to solving the crime. If it was controlled by someone, only the manager could con-

; : &)

There had been no attempt to conceal the body. Dr. Lee Beamer noted in the Medi-
cal Examiner's report that the cause of death had been two shotgun wounds to the head.
The crime lab had carefully preserved the tape which had been used to bind Schmidt's
wrists behind his back. Officer Ron Shuk processed the tape, from which he discovered
two prints of camparison value. These prints surely belonged to Schmidt and/or to his
killer(s). These prints were not matched to anyone, and clearly did not match Bob's.
Shuk claims he made no report on this comparison. :

During Felton's investigation, he contacted Barden, who gave him the name of Rob-
ert Sullivan, a former manager of the restaurant. Barden did not give Felton any other
names, including Gazzel, which we find quite odd in light of Gazzel's disappearance on
April 8th after stealing money and jewelry from Janet Lee Witter. None of the Howard
Johnson employees named in this report had ever worked for Bob Sullivan, including
Barden, Schmidt, Gazzel, Lambert, Rush, Witter, or Thomas. In fact, none of these
listed employees had ever even seen Bob Sullivan.

Following Barden's suggestion, including where to contact Bob's family, Felton spoke
to Bob's father in Nashua, New Hampshire. Bob's father informed the police that his son
had departed on March 26, 1973. Felton inquired if Bob owned any weapons to which
Bob's father responded yes, mentioning he had a twelve guage Parker shotgun. Felton
did not actually make Sullivan a suspect until he learned that a person matching Bob's
description had used Schmidt's Mastercharge card. According to Sgt. Felton's report,
none of the store clerks were able to identify Bob Sullivan as the user of the victim's
credit card. An anonymous caller asked for an officer working on the Schmidt murder;
Det. Lawrence accepted the call and was told to go to Keith's Cruise Room where Robert
Sullivan could be found nightly around midnight. Sullivan's name had never appeared in
the Miami media in any form prior to his arrest. Barden's pulling Bob's name out of a hat
followed by the anonymous calls looks like a set-up to us, particularly in view of Bar-
den's later disappearance, which will be fully described later.

Felton tried to acquire a local arrest warrant for Bob but was unsuccessful due to
insufficient evidence. Remembering that Bob's employer desired to speak to him about his
possible knowledge of $6,000 missing from the Sheraton Wayfarer sales department, Felton
used this to get a New Hampshire warrant issued on April 16, 1973 for Robert Sullivan's
arrest. Incidentally, no one ever contacted Bob regarding the missing funds, and Bob
denies that he had any part in taking the missing funds. With a New Hampshire warrant,
a stakeout was ordered by Felton for the night of April 16th at Keith's Cruise Room.
Felton made no attempt to contact local authorities despite being out of his jurisdiction in
Broward County.

A car belonging to Bob Sullivan arrived at Keith's shortly before midnight on April
16th. Three persons, Gilbert Jackson, Reid McLaughlin and Robert Sullivan, left the car
and entered the lounge.

The three persons remained at Keith's until closing at 4:00 a.m. Officers Felton,
Lawrence, Jones, and Aquirre, using two vehicles, tailed Sullivan's car. As soon as
Bob's car crossed into Dade County, the police pulled Bob's car over. There was no
resistance. There are conflicting versions of who said what at the arrest scene. Felton
claims that Bob was read his rights and at no time did he request an attorney. Felton
acknowledged that Bob asked for a drinking buddy, however. Bob swore that he re-
peatedly requested an attorney named Thomas Murphy, whom he had left at Keith's only
moments before. Felton also claims that McLaughlin volunteered to go to the police station
and at no time did he request an attorney. In contrast, McLaughlin said that he was
forced to go to the police station and that his request for an attorney was denied. In
January, 1981, Virginia Snyder questioned McLaughlin shortly before his March 17, 1981
parole. He didn't offer much help other than recalling from the arrest scene that he
heard the police refuse Bob's request for an attorney. Gilbert Jackson was the third
person in the car at the time of arrest. Jackson was returned to the motel and released
because McLaughlin had indicated that Jackson had arrived in Miami a few days before the

CAST OF CHARACTERS

Donald Schmidt Murder Victim

Rose Schmidt Victim's Wife

Stephen Mechanic Public Defender representing Bob, April/June 1973
Raymond Windsor Bob's attorney June - September 1973

Denis Dean Bob's attorney until 1977

Roy E. Black Bob's attorney, 1978 to present

Virginia Snyder Private investigator retained by Roy Black for Bob
ose ee 1 Trial prosecutors

Edward Cowart Trial Judge

Jose Gonzalez Federal District Judge

Patricia Kyle - U. S. Magistrate

Reid McLaughlin —~ |
Frank Barden

Gilbert Jackson

Roger Spear

Frank Cashman

Charles Gazzel

John Luchege

Tom ? —

“a .
gallo el ele 5 Homestead Police Department

Sgt. Arthur Felton
Det. Lonnie Lawrence

pemmemme Possible Suspects

p———-— Arresting Officers, Dade County Public Safety Department

Det. Jones

Det. Aquirrre a

Det. Ron Shuk Fingerprint Expert

Dr. Lee. Beamer Medical Examiner

James Haralambie State Witness

Joseph Pineda Director, Rathskeller

William Jenner Owner of pistol usedin robbery

Janalee Wittier
Collette Rush
Charles Gazzell

William Harlow
Peter Tighe

Frank Barden (Mgr. )

Donald Schmidt (Ass't Mgr.

Carol Thomas

Debbie Lambert Employees at Homestead Howard Johnson Resturant, April 1973

Alibi Witness who place Bob at Keith's on April 8/9 1973

Thomas Murphy
Michael Carmack
Robert Porter

- Other potential witnesses who also knew Bob was at Keith's
William Meisenholder

Robert Sheley

Ken Francis

Roy Bissonette

Jimmy Lee Smith

Prisoners to whom McLaughlin admitted Bob's innocence

David Brill Investigative reporter working undercover for Norfolk (MA)
County District Attorney

This report was prepared and distributed by the Robert Austin
Sullivan Legal Defense Fund, Ralph L. Jacobs, Director. For
additional copies, or to contribute to the Fund, Write to:

Robert Austin Sullivan
Legal Defense Fund

53 Leicester Road
Belmont MA 02178

APPENDIX C (CONTINUED)

The trial was brief. McLaughlin turned state’s evidence in exchange for a life sentence,
and he testified that Sullivan had planned the crime and fired the fatal shots. The
prosecutors contended that Sullivan’s motive was to pull off “the perfect crime” in
revenge for being sacked from his job at Howard Johnson’s. (Schmidt and Sullivan did not
know each other). Against this — the confessions and the physical evidence — Sullivan’s
court-appointed attorney presented only two witnesses: Sullivan and a fingerprint expert
who entered into evidence unidentified prints that appeared on the tape that bound
Schmidt. Sullivan repudiated his confession and denied that he had participated in the
murder, saying that he was in a bar that night and maintaining that McLaughlin had used a
ruse to get him to use the watch and the credit card. When it came time to plead for
Sullivan’s life, his attorney spent less than five minutes trying to tug the heartstrings of the
jury. It didn’t work, and Sullivan was sentenced to die.

There is not a guilty man on death row, if you ask them. Many inmates offer pro forma
protestations of innocence for the benefit of their families, or to create a lingering doube in
the governor’s mind when it comes time to sign a death warrant. But Roy Black, Sullivan’s
new attorney, has come up with enough to cast substantial doubt on Sullivan’s guilt.

Black claims that Sullivan was set up by McLaughlin to take the rap for his partners,
Gilbert Jackson and another man whose name has cropped up in several other investiga-
tions. He has affadavits from inmates who say McLaughlin told them that he lied;
Mclaughlin has denied this. Sullivan’s “confession,” Black says, was the product of lack of
sleep and police pressure, with the police providing the details—several of which proved to

be inaccurate.
Sullivan contends, as he did at his trial, chat on the night of the murder, he was in Keith’s

Cruise Lounge in Hallendale, Florida, from 11:30 p.m. until four a.m., the hours when the
crime took place. Until recently, no one had tried very hard to contact anyone who might
have been there. The lounge went out of business several years ago. But as a result of the
publicity surrounding Sullivan’s death warrant, two men have come forward to proclaim in
affadavits that they were with Sullivan in the bar that night. One of them says he
remembers the night vividly because he celebrated his eighteenth birthday there chat
night, and he places Sullivan there from 11:30 p.m. to 3:30 a.m. The other witness ts the
bartender, who recalls that Sullivan drank Johnny Walker Red all night, ran a tab and
returned the next day to pay his bill.

- 16 -

APPENDEX C (CONCLUDED)

There is one aspect of this case that has remained in the shadows: Keith’s Cruise
Lounge, where Sullivan claims to have been, had a reputation as a hangout tor local gays.
This might explain why it has been so difficult to find alibi witnesses for Sullivan. In Dade
County, where sentiment against gays runs high, it is understandable that men might

‘choose not to proclaim to the world that they had spent a particular night six years ago in

that particular bar. Roy Black says that he has heard from some skittish patrons, including
one Sullivan asked police to call immediately after his arrest, and that he is
negotiating with them to come forward publicly.

dead.”

Steve GETTINGER is the author of ‘Sentenced to Die: the People, the Crimes and the
Controversy.’

The Case of

Robert A. Sullivan

CASE REPORT
Revised July 1983

The William Paterson College of New Jersey. Wayne. New Jersey 07470 « (201) 595-2119

Department of Administrative, Adult and Secondary Programs
June 23rd 1983

Dear Reader,

I'm writing this introduction to the second edition of Robert A. Sullivan's Case
Report because I've been monitoring the case for several years now and during that
period I've come to know Bob Sullivan well--both in his strengths and in his weaknesses--
and, from that knowledge, I am quite clear that he did not--indeed he could not--commit
the crime of wnich he kas been convicted. Furtner, I must concur in his solid belief--
based as it is on diligent research by him and those who are assisting in this endeavor
--that he was framed.

I have assisted in the case by helping to assimilate, edit and print the materials
contained in this Report because of my absolute certainty of Bob's innocence. You
should know that the Robert A. Sullivan Legal Defense Fund (RASLDF) is a joint effort
by a number of people in several states united in belief in Bob's innocence and mutually
dedicated to seeing him exonerated.

We've choosen the rather dramatic front cover--a photograph of the actual Electric
Chair at Florida State Prison--to remind you of the horror that awaits Bob unless we
continue to press for his freedom. We want to make sure that we keep Bob Sullivan out
of that chair.

In the Appendices, I call your attention in particular to Appendix C, an article by
Steve Gettinger from Rolling Stone magazine which makes clear why it has been so diffi-
cult to gain cooperation from alibi witnesses. This is particularly true of Thomas
Murphy. Appendix D is a chart we have created which will make clear how a number of
alibi witnessess do clearly place Bob at Keith's Lounge in direct opposition to Reid
McLaughlin's testimony. Appendix E includes an editorial column by columnist Tom Wicker
of the New York Times.

It is imperative that you realize that private donations are absolutely essential.
There is no other source of funds and the fruits of investigation provide the keys which
can bring this case to a successful conclusion...and investigation costs money. Virginia
Snyder is a very fine private investigator; she's made many advances through her research;
but we need Virginia to do more...and only YOU can "make that difference" through your
il al Do send in your contribution NOW. The address is on the bottom of the

ack page.

Thanks for your attention. Your interest and concern is shown by your willingness to
read through the report. Qnly when you are fully informed and clear of Bob's innocence
--or even if you only recognize a “reasonable doubt"!--then you should do as I have done
a number of times before, and am doing again: CONTRIBUTE TO RASLDF! There is this thing
that you can do for justice. Read the Report and DO IT...NOW!

I commend your decision in this matter to your own higher nature or to whatever sense
of a higher power you yourself acknowledge.

Thank you!

alph H. Walker
Associate Professor

I_ INTRODUCTION

I, Robert A. Sullivan, would like to take this opportunity to personally ask that you
please read this entire booklet, which has been prepared by several members of RASLDF,
the Robert Austin Sullivan Legal Defense Fund. Our hope is to thoroughly acquaint you
with the chain of events which occurred to me, because in reality, it could happen to
anyone, including YOU!

Prior to this first exposure to it, I held certain presumptions concerning the Ameri-
can Criminal Justice System. I labored under the definite misconception that innocent
persons were not wrongfully convicted of crimes. To say that I was naive and unin-
formed would be an understatement. On November 12, 1973, in Miami, Florida, I was
sentenced to die by Judge Edward Cowart for a crime that I did not commit! I have been
struggling hard ever since trying to establish my innocence.

During the years since my conviction 15 persons who had been convicted and sen-
tenced to die in the U.S. have subsequently been proven innocent and all 15 have been
released. This demonstrates that our Criminal Justice System is fallible. What if any
among these 15 persons had been executed before proving their innocence? This fact
makes a powerful argument for opposing capital punishment. There is a very real danger
that an innocent person could be wrongfully executed. John J. Buckley, retired Sheriff
of Middlesex County (Massachusetts) and current president of LEAD, Law Enforcement
Against the Death Penalty, is quoted in the February 15, 1981 issue of the Houston
Chronical, as follows: "We know there is an error rate which none deny, and it may be
as high as twelve per cent, for the criminal justice system is far from perfect. There is
no way that such a wrong as the sacrifice of life itself against an innocent person can be
righted." Based upon a 12% error rate, among the 1,200 persons currently condemned to
die in American prisons, how many innocent persons are now on death row?

At age twenty-five in early 1973, I was a carefree bachelor. Ending up on death
row had never crossed my mind. I had held responsible positions in the career field of
Hotel and Restaurant Management. I had grown up in New England, mostly in Belmont,
Massachusetts, a suburb of Boston. I had been adopted as an infant. My parents sep-
arated when I was six. I was raised as a Catholic, a member of Saint Joseph's parish in
Belmont. After graduating from Belmont High School, I enrolled at the University of
Miami (Florida) in the fall of 1965. During four of the next five years, I attended college
(no degree) majoring in Business Management. I wanted to prepare myself for a career
in Hotel and Restaurant Management.

I really enjoyed my years of college at the University of Miami. While there, I
gained much personal satisfaction from participation in the Intramural Athletic Program,
having received several awards for achievement and leadership. I regret leaving college
without earning my degree. I accepted a job offer in June, 1970, from the Restaurant
division of the Howard Johnson Company. I quickly advanced from a manager trainee to
assistant manager, and to manager of my own unit, within ten months. In January, 1972,
I was promoted again to manage the Homestead restaurant, the third highest volume unit
in the Miami area.

When my father suffered a stroke in June, 1972, I elected to return north to live
with him in Nashua, New Hampshire and in September, 1972, I accepted a position in
management at the Sheraton Wayfarer Hotel in Bedford, New Hampshire. I welcomed this
opportunity to diversify my skills and experience. When my dad's health had improved,*
I accepted a job offer to become Assistant Director of the Rathskeller operated by the
University of Miami. I was scheduled to commence work on April 23, 1973. I had been
friends with Joe Pineda, the Rathskeller's Director, since 1967. Confidentially, he had
alerted me to the fact that he intended to switch jobs at the college in June of 1973 in
order to avoid the increased sales volume expected for the Rathskeller with the change in
drinking age from twenty-one to eighteen which would take place July 1st of that year.
Pineda promised to recommend me as his successor. I welcomed the challenge. I had
grown tremendously excited at the prospect of returning to the campus setting where I
had lived the best years of my life. However, I never made it to the first day of employ-
ment.

Instead, I was set up for a murder committed by others. Assisting the conspira-
tors, the police really did a number on me as well. To this day, I cannot be absolutely
certain who committed the crime or why. Several combinations of possibilities have
emerged from investigation. I do know with certainty that I did not rob the Homestead
Howard Johnson restaurant on the night of April 8th-9th, 1973, nor abduct and murder
its assistant manager, Donald Schmidt. On the night of the crime I was in South Florida;
however, I was in Keith's Cruise Room, a Hallendale lounge, at the time the crime took
place and we can now prove it, using alibi witnesses.

On April 17, 1973, I was arrested for the murder of Donald Schmidt. Since then, I
have endured a living nightmare. As you read the case history, it should enable you to

*My father died February 1, 1979 while I was imprisoned in the State of Florida.
1

1983 RASLDF Raffle

The fourth annual RASLDF raffle was a moderate success. Gross receipts
topped $2,500. Drawn on June 30th, the winners were:

A) GRAND PRIZE - ------------- Richard Carr

Ft. Lauderdale, Florida
B) SECOND PRIZE - - ------------ George Roderick

Edison, New Jersey
C) LOBSTER PRIZES - - - - -------- - Gary Yacubian

Belmont, Massachusetts
and

Herbert Keleher
Norwood, Massachusetts

Bob's Current Appeal Status

So that you will know, a writ of certiorari is the legal term which describes
the appeal petition one files with the USSC asking it to fully review a certain
issue or issues. The USSC will be Bob's LAST appeal on these issues as they
are presently structured. Bob's writ was scheduled to have been filed on August
15, 1983.

A) agree to review one of Bob's appeal issues

B) reject the entire petition outright

C) hold Bob's petition aside until ruling on one or more other cases
which present issues similar to Bob's, and afterward apply that
ruling to Bob's facts :

D) remand the case back to the 11th Circuit to be reconsidered according
to whatever special instructions the USSC deems appropriate.

As always,

Bob Sullivan

ROBERT AUSTIN SULLIVAN c/o Ralph Jacobs, Director
LEGAL DEFENSE FUND 53 Leicester Road

RASLDF NEWSLETTER Belmont, Mass.

AUGUST, 1983 02178

Welcome to GCADP

Robert Austin Sullivan Legal Defense Fund would like to welcome Gaines-
ville Citizens Against the Death Penalty members to our mailing list. Some
members of GCADP, who correspond with Bob, have graciously made available to
RASLDF the GCADP mailing list believing that its members would be interested
in our literature. We sincerely hope that GCADP members will find our news-
letters to be informative reading and will consider our plea. Briefly,
RASLDF was created in 1977 by several of Bob's friends, who decided to commit
themselves to try to make a difference after Bob's court-appointed trial
lawyer had abandoned him. Our efforts have enabled Bob's defense to pursue
costly investigation, the result of which has produced much positive
material. If you'd care to read the RASLDF 28 page Case Report please direct
your request to Ralph Jacobs and please send us a legal size SASE with .37¢
postage to help defray costs.

Investigative Update

In the May, 1983 RASLDF newletter, we carefully outlined our alibi material
in great detail, which included a chart as a visual aid. After studying it,
we are confident that most reasonable people could draw but one conclusion,
that the alibi makes it impossible for Bob Sullivan to have participated in
the robbery-murder of Donald Schmidt. Nevertheless, we must continue to try to
strengthen the alibi by increasing the number of firm alibi witnesses above
three. We still are hopeful that some among Thomas Murphy, Robert Porter, and
Wayne Connors will recall enough to also become alibi witnesses. It may be
necessary for us to fly Robert Porter to Florida from Hawaii, just to give you
an example of a probable expense for which we may need to pay.

This discovery created a watch brand conflict that needed corroboration.
The only place to turn was to the victim's family. On June 19, 1983, Virginia
spoke to a member of the victim's family, the brother-in-law of the victim,
in the hope of clarifying the watch conflict. The brother-in-law firmly told
Virginia, ''It was very definitely a Timex." He added, "At that time, they
had really questioned her [the widow] on this watch deal."

In legal terms, that is called perjury! Because the widow had been questioned
extensively about the watch brand, it seems highly probable the police had to
have known that Bob wasn't wearing the victim's watch. Close examination of
Felton's report reflects that each place in the report where the watch brand
was listed, had been altered and re-typed. Therefore, this discovery strongly
suggests that Sgt. Felton not only committed perjury, but much worse, due to

over-zealousness Felton apparently calculatedly manufactured inculpatory evidence.

Since the police created evidence once, we wonder what other tampering they
may have done? Without a doubt, this all reveals again that Bob did not
receive a fair trial.

You may recall from the November 1982 RASLDF newsletter that out-of-
state law enforcement was interested in Bob's case. On July 20, 1983, a
homicide investigator with 16 years experience wrote Bob: "I personally think
that you were indeed set-up and if I can find anything that can possibly
. i help to you, I will certainly see that it is placed in the proper

ands."

In most areas where we have been able to afford to thorougily investigate,
we have succeeded in uncovering useful exculpatory material. We still have
Many more stones that need to be turned over. But there could be very little
time in which to do it. Won't you please help us to do more badly needed
investigating before it's too late?

Recent United States Supreme Court Rulings

The 1982-83 USSC term ended on July 6th. During the USSC's final weeks,
the Court made three important rulings that affect capital cases on appeals.
All three cases LOST. The combined effect of these legal setbacks should
make it easier for the states to administer their capital punishment laws.
Each case created the following new law:

the death sentence must be vacated because one of three statutory
aggravating circumstances found by the jury was subsequently invalidated
by the Supreme Court of Georgia, although the other two aggravating
factors were specifically upheld. In reversing the 11th Circuit ruling,
the USSC held that the subsequent invalidation of one of several
statutory aggravating circumstances does not automatically require reversal
of the death penalty, having been assured that a death sentence will

be set aside if the invalidation of the aggravating circumstances makes
the penalty arbitrary or capricious.

resulted in a different sentence. Simply stated, errors among the applied
aggravating factors do not automatically require a complete new

sentencing review.

These three rulings will probably expedite some executions. It is to be
noped that they will not trigger the opening of the execution floodgates. The
varclay ruling appears to have undermined one of Bob's better appeal issues
that could have been presented to the USSC. If Bob's case is forced by circum-
stance to enter a second round of appeals, the Barefoot ruling could make it
even harder to obtain a Stay in round two of appeals.

Among Florida capital cases that have had death warrants in effect after
the Barefoot ruling, both Miller and Jent succeeded in earning Stays from a
federal district judge on July 18th. On August 5th, Governor Bob Graham
signed second death warrants against James Raulerson and Willie Darden. Both
executions are scheduled for September 7th. These two appeals will provide
a very stern test for the post-Barefoot impact on Florida capital appeals.

CAST _OF CHARACTERS

Donald Schmidt Murder Victim

Rose Schmidt Victim's Wife

Stephen Mechanic Public Defender representing Bob, April/June 1973
Raymond Windsor Bob's attorney June - September 1973

Denis Dean Bob's attorney until 1977

Roy E. Black Bob's attorney, 1978 to present

Virginia Snyder Private investigator retained by Roy Black for Bob
shail yes Trial prosecutors

Edward Cowart Trial Judge

Jose Gonzalez Federal District Judge

Patricia Kyle - U. S. Magistrate

Reid McLaughlin ~]
Frank Barden

Gilbert Jackson

Roger Spear

Frank Cashman

Charles Gazzel

John Lucheg

Tom ? —

_Office*Tauriello |

Officer Willock

Sgt. Arthur Felton
Det. Lonnie Lawrence

pm———- Possible Suspects

Homestead Police Department

Arresting Officers, Dade County Public Safety Department

Det. Jones

Det. Aquirrre

Det. Ron Shuk Fingerprint Expert

Dr. Lee Beamer Medical Examiner

James Haralambie State Witness

Joseph Pineda Director, Rathskeller

William Jenner Owner of pistol usedin robbery

Frank Barden (Mgr. )
Donald Schmidt dass 't Mgr.)

Carol Thomas

Debbie Lambert Employees at Homestead Howard Johnson Resturant, April 1973
Janalee Wittier

Collette Rush

Charles Gazzell

Peter Tighe. 4 Alibi Witness who place Bob at Keith's.on April 8/9 1973
Thomas Murphy a

Michael Carmack P-———— Other potential witnesses who also knew Bob was at Keith's
Robert Porter antl

William Meisenholder |
Robert Sheley 7
Ken Francis }-———— Prisoners to whom McLaughlin admitted Bob's innocence
Roy Bissonette
Jimmy Lee Smith oe

David Brill Investigative reporter working undercover for Norfolk (MA)
County District Attorney

This report was prepared and distributed by the Robert Austin
Sullivan Legal Defense Fund, Ralph L. Jacobs, Director. For
additional copies, or to contribute to the Fund, Write to:

Robert Austin Sullivan
Legal Defense Fund

53 Leicester Road
Belmont MA 02178

Please do not misinterpret this letter to be a sign that I am giving

I am not quitting. Nevertheless, because I ama realist, I just do
not know what the future has in store for me. Starting in October, things
could happen very fast to affect me, and for the worst. Therefore, I wanted
to take advantage of this newsletter in order to personally express certain
feelings to you just in case the worst does in fact occur. I hope and pray
that this is not my goodbye letter, but I could be executed as early as
November which is very frightening for me to ponder. I can promise you that
I shall continue to put forth the very best darn fight of which I am humanly
capable. Your help could aid us to delay that end result or to win outright.

As Ralph Jacobs has very clearly spelled out in the newsletter to follow,
we really will be in a severe financial bind by September. Legal expenses
simply are dam high. I sincerely hope and pray that you will consider
helping us again if you can. Your support for RASLDF over the years has made
an enormous difference. We have come a long way using investigation, but
_it simply has not been enough to convince any court that relief is justified.
I still remain confident that with a few more major exculpatory discoveries
such as the alibi and the watch conflict (explained below), we will be in a
stronger position to gain a legal victory. I will never let the dream die;
however, I need YOUR help in order to make the dream into reality. The ONLY
way for us to achieve this type of end result would be to pump several
thousands of dollars into more investigation by Virginia Snyder. Please help
me to live, if you can.

I am not afraid of dying, but the mere thought of being executed in
a horrible, horrible way is mentally numbing to me. I'1l spare you the rather
gruesome details of the preparations for an electrocution, other than to say
they boggle the mind. But that's precisely what will happen to me unless
we can make a late rally. I do not want to be legally murdered by the State
of Florida for a crime that I did NOT commit.

I have no idea what is going to happen between now and November. I do
want to personally tell each of you how very much I have appreciated your
friendship and support. It has meant more to me than I could ever adequately
express in words alone.

I would like to share with you a few favorite passages which express how
I feel in far more eloquent terms than I could ever write myself:

On August 23, 1977, Governor Michael Dukakis of my home state of Mass-
achusetts issued an executive proclamation regarding the Sacco and Vanzetti
case; both of these men were executed. A passage stated: ''This proclamation
will not wipe out their pain, nor is it meant to help us forget their cause.
What it will do, I hope, is to say to the world, an injustice was done, an
injustice we must never repeat."

In 1981, the U.S. Senate considered a federal capital punishment Bill.
During committee hearings on the Bill, Senator Edward Kennedy (MA)
submitted a statement, a portion of which I'd like to quote for you. ‘''Impos-
ition of the death penalty leaves no room for mistakes. No matter how well
qualified the trial judges and well intentioned the juries, the criminal
justice system is run by people and people make mistakes. No matter what
procedures are used to determine the appropriate cases for the ultimate
penalty of capital punishment, innocent persons will be condemned to die."

The last quote is one that I feel puts it all into clear perspective.
The famed legal scholar Clarence Darrow wrote this passage: ''You can only
protect your liberties in this world by protecting-the other man's freedom.
You can only be free if I am free. The same thing that would get me may
be used to get you."

our hopes on relief from the USSC.

If our assumption is correct, that does not leave us with a whole lot
of relief options open to us. We'll work hard on whatever does exist though.
We can hope that all the newly discovered evidence combined with support from
other sources might influence Governor Graham to commute Bob's sentence from
death to life.via Executive Clemency. We are aggressively pursuing this
possibility at this time. If we desire any type of letter-writing campaign
to Governor Graham, we will send you a special newsletter with all the details.
Please do NOT send any letters at this time.

Re-group Legally

If a second round of appeals is necessary, as now appears probable, it
will be very important for us to make all strategic decisions soon. Several
options are in fact now under serious consideration in that area. We have
established September Ist as our decision making deadline. Once we have est-
ablished the gameplan, we shall try to implement it to the very best of our
abilities. First we must define the issues we'll appeal and then apply what-
ever new investigation we can afford in order to strengthen the points into
their best legal shape before we need to file the first appeal. We are
hoping for a miracle or two or three so that we'll have sufficient new monies
for all the work that needs to be done in our final big push. Please, do not
let Bob down now!

WE NEED YOUR HELP NOW

There are NO other sources of funds. The amount of work that we can afford

as November, 1983.

That does not give us much time. We desperately need your help now and
believe us, your consideration is deeply appreciated, especially by Bob. I
suppose that I could go on and on, but if you don't get the picture by now,

are his only champions.

We sincerely hope that you'll help us to prevent Bob's execution.
Thank you,

Ralph Jacobs, Director
RASLDF

53 Leicester Road
Belmont, Mass.

02178

hoA maktie/
and battery and enlisted in Samed ia

corp, ™ost likely to
avoid going to jail. He went AWOL on Labor Dayxy1972,and
fled to Boston where he met Sullivan and the tw men/went to

Florida. y
\
TRIAL AND EXECUTION: Sok vant’ Ue 7,
vA
Robert Sullivan and Reid McLaughlin were arrested on

April 17, 1973 at N.E 21llth Street and Highland Lakes Blvd.
McLaughlin agreed to plead guilty to first degree murder and

_ testify against Sullivan if the state would recommend that
his life be spared. He received life plus 99 years.

4
Sullivan also attempted to plead guilty, but t state i”
* attorney Richard Gerstein would not accept Bre Ww
On November 8, 1973, after a two day trial and two
hours of jury delpberation, a Dade jury of nine women and y
two men convict ullivan of first degree murder and
robbery.

On povember 242, 1973, Dade county circuit Judge Edwd#ad
Cowart sentence ullivan to die in the electric chair,
Statipy fhe observed Sullivans demeanor and actions
ut the trial but did not see "one scintilla of
Mase displayed, indicating...that the death penalty is

sroper punishment."

argued in the appeal that the death sentence

€ earliest imposed pursuant to the 1972 capital
punishment statute. When Sullivan went before the court i

1973, there were no standards for the imposition of the / Gop dey
death penalty unde —c"Since at

time, the Supreme court of Florida had reviewed 27 death

cases and it was clear that the circumstances of the case
did not support the extreme penalty.

The defense also argued that the definition of the
especially heinous atrocious or cruel act had not been set,
and the defendants act did not fit it. Also the defendants

: psychiatric history and potential for rehabilitation were
” avenues they pursued.

he newspaper coverage for this crime grew as the

execution day grew nearer, and things began to look re Ong
esperate. Initial articles were small new Capsules i is

all and gradually grew in size and depth as time went on.

oof
The New York Wimes, De yy 3
The Washington Post, c,.\ & ‘1983 W/L,
Chicago Tribugpe, 1, 1983

SOURCES: Miami Herald, Apr. 18, 1973; Nov. 9,13,
6, 1979; Nov. 28, 29, 30, 1983; Dec. 1, 1983;

SULLIVAN, ROber$, elec, Fl.(Dade) Nov. 30, 1983

: ¢

Robert Austin Sullivan
Executed November 30, 1983 - 10:16 am

Eric J. Katz
142-58-3169
Nov. 5, 1991
Prof. Willbanks

Mclaughlin a 12 gauge shotgun. When the ground started to
get swampy Schmidt slipped losing his shoe, he started to
get up and Sullivan struck him twice in the back of the

head with the tire iron, Schmidt fell face down in the mud
and Mclaughlin then handed the shotgun to Sullivan who fired
four rounds of the 12 gauge into the back of Schmidt's
head. The body was found on April 10, 1973 by two 18 year
Old small game hunters.

THE VICTIM:

Donald Schmidt of 18751 S.W. 349th street was a white
male 39 years of age, manager of the Howard Johnsons

restaurant in Homestead, husband to Rose Schmidt and father
of four.

THE OFFENDER:

Robert Austin pula ivan was a white male, 6' 10'', 285
pounds, born in Boston Massachusetts July 20, 1947 and given
to adoptive parents at two weeks old.. Sullivan graduated

from high school in 1965 and then attended the University of
Miami from 1965-70 studying business management, he never
received his degree. He had worked mostly in hotels and
restaurants including the Howard Johnsons he robbed, as
assistant manager but was fired for embezzling $6200. He
also had charges pending in Redford N.H. at a Sheraton hotel
where he had worked and embezzled $7000.

His parents were divorced when Sullivan was age 6, he
was left in the care of his mother, who according to the
psychological profile was controlling, dominating and
restrictive. Caysed Sullivan to grow up in a home tofn b
dissension and dominated by this emotionally unstable
mother. These factors led to the development of a st
and personality disorders with homosexuality and an
behavior the dominant factors.

suiiivank fatheraa Harvard educated surgeon, who
suffered a stroke soon after his arrest, they had been
Close in the years leading up to his arrest,. Sullivan
been influenced by the antagonistic feelings of his mg¢ther
towards his father and had not spoken to him for thrde
years. His mother was committed to a mental institution for
Observation prior to his arrest.

Sullivan did not smoke or use drugs, but was
drinker since age 19, getting drunk frequently.

heavy

Reid W. wctaugniiof® ni te male 6' 2'', 170 ‘pounds born
7/25/52 in Massachusetts. McLaughlin a 10th grade dropout
and periodic drug user, had an extensive juvenile record
with charges including breaking and entering, arson and
shoplifting. At the age of 17 he was arrested for assault

Executed November 30, 1983 - 10:16 %am

EVENT:

On the evening of April 8th, 1973, Robert Austin
Sullivan and Reid McLaughlin went to the Howard Johnso
Motel at 1090 Homestead Blvd, Homestead Florida wit e
intention of carrying out an armed robbery. The arrive
at approximately 9:45 pm, Reid McLaughlin went iwsSide and
purchased some hamburgers and counted the employees, then
returned to the car where Sullivan waited andthe men ate.

The two men waited for the employees to leave, after
the last aproyee had left the men went around to the ba }
door an Obert Sullivan pried it open, Sullivan was armed
38 caliber S&W revolver. Sullivan entered first J
rolind the corner, where he o ved the manager,

chmidt who was on the phoneg fhe offenders waited in

e" kitchen area until Schmidt was off the phone. After

chmidt hung up the phone, Sullivan confronted him, placing

he gun to his head and ordering Schmidt "face down on the

loor," Schmidt complied pmmediately. Sullivan then

proceeded to take SchmidtS wallet and went into the office,

while in the office, McLaughlin held the gun on Schmidt.

Sullivan asked Schmidt to call out the combination to the

office safe and Schmidt complied. Sullivan emptied the

boge FE of the safe, approximately $2700 into a black gym oeutern,
bage then left the offj j hen

tied Schmidt's hands with adhesive tape and gagged nam Qe, ,
three men then left out the back door and got into kidwap
Sullivan's car, Mclaughlin and Schmidt in the back seat an

Sullivan driving.

The men then drove approximately 50 mile west on US 4]
where they told Schmidt they would tie him to“ Atree, take

his clothes and leave him so tt} eld getaway. After
they had stopped the car and fenoved Schmt% te troope WL
noticed their car and placed a~Spotligne on“it, Rei OA
Mclaughlin approached the trooper and told him he had D Mil fhehmd/
n.
. >

Stopped to go to the bathroom and the trooper move
Mclaughlin then got in the car a fey les furthe
west and then returned to pick@€up th After
picking up the men, Sullivan indicated that this would not (
be a good spot to leave Schmidt, so they headed back towards
Miami, stopping at a service station to get some sodas and

then proceeding to an area approximately 6/10 of a mile

south of S.W. 8th Street and approximately % mile east of

Krome Avenue.

When the men reached this area, they began to re
Schmidt gut into the marsh, Sullivan yak tire/fi , artia

ee MI AMO Se entpnit nahne nen he te a, ew an ee

ROLLING STONE. MARCH 6, 1980

The devastating, deyradi ng fear that is imposed on the condemned for
many months or years is a punishment more terrible than death. For
there to be equivalence, the death penalty would have to punish a crimi-
nal who had warned his victim of the date at which he would inflict a
horrible death on him and who, Srom that moment onward, had con fined
him at his mercy for months. Such a monster 13 not encountered in
private life. ~ALBERT CAMUS

FRIDAY, May 25th, 1979

oe tte LL, Dee LONG there had been fires throughout the cell blocks,
and commodes had been stopped up to Hood the tiers. The air of
tension was higher than I had ever seen it before. Men had been
banging the bars and shaking the cell doors, bue now it was quiet.
| Every man stood at his door spellbound, watching and waiting. Some
men prayed.

Le | From my cell on the nocth side of R wing, I could see the outside of
the execution chamber about 125 feet away, ;

‘At about five minutes before ten a.m. I saw the hearse drive up, putting the whole scene
into vivid perspective.

9:57 1.m.: I think to mvself, “They're putting the cap on his head now.”

9:58 a.m.: "Now they're putting a strap around his head.”

%59 a.m.; “Now a bele across his chest.”

10:00 a.m.: "The cable has been bolted onto the cap and it's being screwed down.”

I could barely make out movement in the chamber. We were so close, and yet so far away,

Later, from news. reports and eyewitnesses, I learned exactly what had happened. Ar
OI am. the Venetian blinds in the execution chamber had been raised, and
eyewitnesses had seen John Spenkelink bound and gagged in the electric chair. They had
seen sheer terror in his eyes, but quickly a rubber hood had been lowered over his face.

At 10:12 a.m, the prison superintendent, David Brierton, who had been standing co the
right of the chair, nodded. Two execunoners, hooded and robed in black, had thrown a
switch, and 2500 volts of electric current had surged through Spenkelink. That shock
had been followed by a second and a third, The body had jolted. The left index finger had
curled and pointed toward the body. There had been a heaw smell of burned flesh. Ac
10:18 a.m. the doctor had pronounced Spenkelink dead, and the Venetian blinds had been
lowered. The stare of Florida had legally. murdered John Spenkelink.

[ have not been the same person since John Spenkelink’s brutal execution. Every dav I
wonder when I get up if this will be the dav when more death warrants will be signed, and if
mine will be among them.

I was condemned to die on November 12th, 1973. I have been on death row 2065 days,
longer than anyone in che nation except for Jack House in Georgia.

The state of Florida maintains that [ am responsible for the robbery and murder of
Donald Schmide, an assistant manager of a Howard Johnson's Restaurane near Miami.
Ever since my arrest, I have clearly and steadfastly asserted my innocence.

I was twenty-five when I was arrested for a crime I did not commit, and a lot of years
have been forever lost and wasted.

After the Spenkelink execution, I could not help but wonder who would be next, and
when. Florida has the country’s largest death row — 140 men and one woman — and
Governor Robert Graham has announced that he will sign more death warrants. On the
dav John Spenkelink was executed, | decided to prepare myself for my death warranc

TUESDAY, June 19th

WOKE UP about 7:30 am, as usual. I daydreamed for a while

LS
longer in my bunk. For a few moments I was back in Belmont,
Massachusetts, where I grew up. It was a summer night, and [ was
running down to Winn Brook playground to play baseball with my
uae oR

friends. Then I was at the lake cottage, giving the family hoat full
thrortle, standing up so my torso would catch the full force of the
breeze, wind blowing in my face.

Wing Officer Krauss interrupted my slumberact 9:55 a.m, yelling down the tierto me to
get ready for an attorney call-out I told him I needed a few minutes to get ready so I could
bring the appropriate legal files I had a special file folder with addresses, phone numbers
and emergency materials —I was suspicious of all call-outs.

Outside the cell [ was given the usual strip search. As soon as I was inthe corridor, I
noted something odd: Sergeant Gladish had come onto the tier. Normally, sergeants don’t
come on the wings. And as soon as I was in the main hallway, ewo lieutenants and a regular
guard met me. Normally, a death row inmate is escorted by just one guard,

I never said a word to my escorts. They brought me to the control room and put me ina
special cell. After a short wait was escorted to the administrative office area. Alone in an
otfice, Superintendent Brierton sac behind a desk.

“Is i¢ whac I think it is?” I asked Brierton immediately,

“I think so,” he responded. :

"Is ic my death warrant?”

“Yes....Do you want to call your attorney?”

“Detinicely. I'd also like to call my stepmother before she hears the news in the
media.”

stay of execution. Mea wt ae .
It only cook four or five minutes for the calls to be put through, but it seemed much

Next, I called my stepmother in New Hampshire. I had tried many times to prepare her |

in advance, but it was a highly emotional call co make. I come from a very small family, and
after my father died last year, | was closest to her.

“Hello, Bob. This is a surprise.”

“Are you sitting down?”

“No.”

“T think you'd better sit down. I have some bad news for you.”

“What's happened?” . ;

“Governor Graham signed my death warrant this morning. My execution has been
scheduled for the twenty-seventh at seven a.m. I want you to know that we have a strong
chance to get...”

There was silence on the other end.

“Are you still there?”

“Yes.”

“I know this isn’t a pleasant subject. Buc I wanted you to hear it from me rather than see
iton TV.I spoke to Roy before I called you, and he’s on top of the case and he's confidence
of a stay.”

“Thar sounds better.”

T told her that she could call me back through the superintendent's office.

I was handcuffed behind my back and escorted by three guards. Any time a Person on
the deathwatch is taken down the hallway, the entire prison is locked:down as a security

‘\

clothing, one in my size and one in Proffict’s. There were undershorts, blue pants, rubber
thongs and an orange T-shirt. From now on, every time Proffitt or I left our cells, we would

' be stripped to undergo a body search and given a full change of clothes.

I was put in cell number three — officially, Q-1-E-3. This was the same cell John
Spenkelink had occupied prior to his execution. Inside the cell there was graffiti on the
wall, including the note, “Spink was here.” A bad omen?

The cell was somewhac larger than a regular cell, which is six by nine feee. I'd estimate
this one was nine by twelve. It was large enough to pace in; I could take about five steps. In

Organizing the deathwatch appeared to be very slow. Tables, chairs and linen trickled in
all afternoon. A table set up outside our cells had a radio and a television set. The guards
controlled the volume and channels.

There were six officers assigned to watch us: one lieutenant, three sergeants and two
guards. Proffitt and I each were assigned a sergeant and a guard to watch us at all times.

They sat direcdy in front of our cells Every fifteen minutes they (Cont. on 51}

ate mee - + ety OT ee Re ee sg oft
. master mee on Nae

The Case of

Robert A. Sullivan

ROLLING STONE, MARCH 6, 1980

recorded our activities and our states of mind in a logbook kepe on the table.

They were afraid we would commit suicide. During the ume I was on death row, two
inmates had succeeded in snuffing out their own lives; one hanged himself and the second
took an overdose of drugs. Bue my desire is now and always has been to Live, not to cheat
the executioner. If I ever contemplated suicide — which I have not — I would have
succumbed to the pressures long before.

The night shift, which came on at six pm, seemed much berrer organized. An old-time
guard, Sergeant Fletcher, kept things running smoothly. He had previously sat in on many
deachwatches in the old days; he claimed to have watched up to three men by himself, The
officers on this shift got hold of two oscillating fans; one of them was set up to blow toward
Proffirt and myself. It helped immeasurably. :

I kepe myself up until eleven pm. to watch the news. Both Proffict and I began to live
from one newscast to the next for updates on our cases. On the evening news, Walter
Cronkite only reported that Governor Graham had signed our death warrants. On the
eleven pm. local news, I learned that Roy Black had filed my appeal with the Florida
Supreme Court already. Nothing was reported on Chuck's appeal. [ tried to cheer him up,
reminding him that there was plericy of time. After the news, [ rurned in.

I tossed and turned all night, getting very little sleep. I did a lot of thinking. Ir was
frustrating that I had no control whatsoever over my face; it was totally in the hands of the

courts, with appeals supplied by Roy Black. I did have faith in him, but...

WEDNESDAY, June 20th

REAKFAST WAS SERVED shortly after five a.m-I ate ravenously,
At six, the day shift came on. Chaplain Savage came by. I wanted my
priest-triend, Father Robert Boyle, to be present for my religious
needs if my execution looked like ic would be carried out. Father
Boyle was from my hometown of Belmont; he is the pastor of Saine
Mary’s Church in Charlestown, Massachuserts. He had agreed to be
present if [ was ever executed. I concluded that I'd much prefer lasc
rites from a friend than a stranger. Chaplain Savage and I agreed to let things hang until
Friday. I didn’t wane to put family or friends through any unnecessary emotional hardship.

From the morning news, [ learned that my case would be given a hearing by the Florida
Supreme Court at eleven a.m. on Friday. I had hoped they would act more quickly so I
wouldn't have to wait over the weekend. So much for that wish.

I received a phone call from my stepnother. She seemed much more composed than on
the previous day. I did my best to raise her spirits. We agreed that we'd talk again before she.
made plans to fly down.

Whenever I made or received a phone call, one of the guards would bring the telephone
to my cell. The officer would make the connection, and only the receiver was given to me.
Either the lieutenant or the sergeanc sat there; I had no privacy.

At two pm. Roy Black called to say we had a fighting chance in the Florida Supreme
Court. He also had some unusually good news: after six years, one of our important alibi
witnesses was located. His name was William Harlow; it had been his birthday on the
night of the crime (April 8ch, 1973), and he clearly recalled his movements. He
remembered me arriving at a Hallendale, Florida, lounge beeween 11:30 and 11:45 pm, juse
as I have claimed all along. (The crime commenced some thirty miles away, after 11:30 p.m.
but before 12:10 am.) And a second of my five named alibi witnesses came foeward after
the media coverage of my death warrant. Perhaps my luck was changing.

Ducing the day and evening, I wrote twelve personal lecters. The local news had nothing
new on my case. It bothered me that nothing had yet been filed in Proffitt’s behalf.

We were given a shower at 7:30 pm. Normally, those on death row only get a
five-minure shower every other night, but on the deathwatch we could shave and shower
nightly. The officers kept the cell door open while I shaved, to discourage me from slitting
my throat

I felt I was holding up well. I retired to my bunk around midnight.

THURSDAY, June 21st

SLEPT somewhat better than the first night, but far from soundly,
After breakfast, I rested until 15 a.m. Superintendent Brierton

came by while I slepe bur did not wake me up. I wished thac he had,

since there were some questions I wanted to ask him. One of the

questions was about “last statements.” According to the newspa-
ERROR

pers, the governor's legal aide had said thar a microphone would be

present in the execution chamber for my last statements. But when
Spenkelink had been executed, he had been gagged, making it impossible to speak,
Those precautions must have been taken to make it impossible for Spink to say anything
—whar else could ic be? Did someone fear what he would say?

I caught up on my reading until lunchtime. I did considerable thinking, dwelling on
Spink’s execution. Now I realized what he endured. Thinking of the lase hours, of how I'd
deal with family and friends, tormented me. But what scared me most was the actual
preexecution preparations: shaving my head and legs, puting jelly there to increase the
conductivity of the electricity, cramming cocton up my nose, mouth and rectum to catch
the blood. None of these preparations would be for my benefit, but rather so that the
execution would appear less gruesome to the witnesses and media.

During the previous week I had severely thrown out my back while playing volleyball.
On the deathwatch, my backache grew much worse, and finally I told Lieurenant Bryant
about ic He said that the doctor would come by to examine me It’s unheard of for the
prison doctor to make house calls, but Dr. Van Eden arrived at about 4:45 pam. He checked
my back and prescribed Robaxin as a muscle relaxer and Phenobarbital for anxiety.

I didn’t make or receive any phone calls, but shortly after seeing the doctor I had a visit.
Susan Cary, a Gainesville lawyer and friend, came to see me for forty-five minutes. We had
a very emotional visit in the maximum-security visiting area, which we call "the Wall.” The
visitor and the convict are separated by glass and concrete; we had to talk over a
microphone secup. Ata time when I most needed human physical contact, it was prevented
by a wall. This was the first chance since the warrant for me to release my emotions and get
some of the built-up tensions out of my system. We squarely faced some very difficult
matters in case the worst came to pass. It was reassuring to learn that Susan ot Stephen
Stitt, a University of Florida law professor, would visit me daily,

Both going to and coming from the visiting room, I was handcuffed behind my back,
and the prison was locked down. My clothing was changed each way.

That evening [ read my mail and wrote several letters. Tomorrow would be the key day, I
thoughe Ac 10:30 p.m. the medical technician came with my medication, a pill and a shot.
The combination knocked me out in short order. I was asleep before the news, which
mentioned that Proffitt’s case was finally filed in the Florida Supreme Court.

The state prison at Starke: Florida’s death row

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[WAITING TO DIE: Continued from page fifty-two] I figured thac if I lost in the federal
district court, there would be no time to sleep thereafter. It was a hell of a thing to be
fifty-six hours from my execution. I really didn’t know if I'd live or be electrocuted.

MON DAY, June 25th

ESPITE MY INTENTIONS, I didn’t get a good night’s sleep.

I was up and fully alert by seven a.m. I hadn't seen Superintendenc

Brierton for several days; at my request, Lieutenant Bryant called
Brierton to ask him to see me. He said he would be there ac & 30 a.m.
I wanted to discuss arrangements to visit with Fathee Boyle and my
family if no stay was granted,

At & 15 a.m. Chaplain Savage arrived; we waited for Brierton to
get there. While waiting, | thoughe of a few things Susan had said the day before. I had
mentioned to her that, unlike Spink, [ would noc ask anyone I knew to witness the
execution. Spink had his lawver, David Kendall, and his minister, Reverend Tom Feaster,
there. But contrary to my line of thought, Susan made it clear to me that Roy and Father
Bovle should be at the execution because we all started this fight together and, if it must
end, we should do it like we started — together! _

Tears came to my eyes.

Brierton arrived with his assistant about 8:45 a.m. He seemed unusually willing (for
him) to cooperate with any reasonable request on visiting arrangements. The same held
true for telephone calls. i

I raised the point of a final statement. Brierton said chat a microphone would be
installed to permic any final stacemencs. The statement would be spoken after I was seated
and securely strapped into che electric chair. If the statement were prewritten, Brierton said
that he would hold the pages while [ read it [ asked him about prerecording the statement
on tape, feeling that I'd be in no shape whatsoever to read a statement. Brierton said he'd
give it some thought.

About 9:30 a.m. Susan called me. [ was on pins and needles for news She informed me
that not only was Father Boyle Aving down chat afternoon but also my stepmother and a
close family friend. It buoyed my spirits to know that people cared. I was thirsty for news
on the case itself, bur Susan knew little. No hearing time had been announced by Judge
Jose Gonzalez. *,

I lay in the bunk until lunchtime, conserving my strength, bur I didn’t rest. I'm sure
Proffitt was as wound up as I was, or worse. The waiting was rough. I wished I could sleep
until the court ruled one way or the other, bur [ couldn’e

One matter I thought of from time to time was the last meal. I'm a lover of food, and I
would order a large, special meal; eating it, of course, would be something else. But, anyway,
here's what I would request:

For an appetizer, shrimp cocktail and clam chowder—New England-scyle, of course.

For an entree, “surf and turf”: two eight-ounce filet mignons, and eight ounces each of
Cape scallops and Maine lobster meat broiled in butter and sherry.

Also, a tossed salad with Roquefort dressing and strawberry shortcake with whipped
cream. For a beverage, I would ask for a six-pack of ice-cold beer. :

Ac 1:30 pm, I got up from my bunk, for berter or worse. I wanted to call Roy co learn
what was happening, but I relented, assuming that no news was good news — at least it
wasn’t bad news. I asked Lieutenant Bryant to call Superintendent Brierton to tell him I'd
like to speak with him again before he lef the prison for the day.

Proffitt left for his visit at two p.m. I sat on a blanket next to the bars and waited. [
listened to the radio. The minutes seemed like hours. I drank coffee continuously, cup after
cup. Shortly after three pm. Brierton came fo see me- We rehashed all the points on the
visits, a main concern of mine. [ wanted no snags on Tuesday, my last day.

The waiting continued. Ac four pam. there still had noc been any rulings for either
Profhit or myself. I gave some thought in case Proffier got a stay first, so that being alone
would not shake me up. Proffitt returned from his visit. L informed him that there was no
news yet. : ‘

At 4:22 p.m. Lieutenant Bryanc broughe the phone to my cell. I cook a deep breath
before saving hello.

On the other end, the voice started in.

“This is Dave Brierton. I have some good news for vou. The governor's office jusc
notified me thar the federal court has granted you an indefinite stay of execution.”

“Thank God!” I exclaimed.

Brierton quickly added, “In my opinion, I think your stay will last quite awhile.”

I then asked Brierton about the status of my visits. He said chat they'd still be on, since
the people had traveled so far. I thought from his voice that Brierton also was relieved.

I calculated tha the news of the stay reached me exactly thirty-eight hours and
thirty-eight minutes from che end.

While Brierton was on the phone, I gave the chumbs-up signal to Lieutenant Bryant. He
smiled. I fele that all the deathwarch officers were relieved, especially Sergeant Tew, who
revealed that the countdown had been emotionally rough on him. Proffice told me how
happy he was for me, but I noted real fear in his voice for the first time. It appeared that he
had not prepared himself for staying alone on the deathwatch. :

see iat

At 4:30 pm, I received a call from Roy Black. He was calling from a pay phone in the
corridor of the Fort Lauderdale Federal Courthouse. He was jubilant. I realized that he too
had been operating under enormous pressure. While I'd had to deal with my own pocendal
execution, Roy knew that his actions and decisions held my life in the balance.

About thirty minutes later, Lieutenant Bryant came back to tell me chat I was officially
off the deathwatch and all chac went with it, such as having to be handcuffed in transit.

It was a huge relief to be off the deathwatch. Remembering how uncomfortable Chuck
seemed after [ got my stay, on my way by his cell I embraced him through the bars and
shook his hand. Ac the same time, I tried to assure him that he too would get a stay.

Both Steve and Susan came to visit me. Our greeting was joyous, especially when
compared to our previous visits.

After the visit, I was returned to Q wing and reassigned to a regular cell. Even chough it
was filthy and roach-infested, I was glad to be anywhere off the deathwatch. I turned on
my radio and got my cleaning supplies to make the cell habitable. Afterward, I made up the
bunk and simply tay down.

Lights went off in the regular cells ac eleven pm. I was still restless from my seven days
in June— pure, brutalizing hell. I went to sleep.

TUESDAY, June 26th

a WAS WIDE AWAKE at 5 a.m, anxious to see my stepmother and

Father Boyle later that morning. After breakfast I tried to sort out my

thoughts, to put everything in perspective. It had been hardest, I felt,

to preserve the delicate balance between maintaining hope of acquir-
CRT

ing a stay and yet, at the same time, preparing myself for the worst
Sone of like mental drawing and quartering. I realized that life would
never again be normal for me.

Ar 9:30 a.m, I was pulled out for a visit with my stepmother, Kay. She scill appeared very
upset by the events of the preceding seven days, buc the emotions and feelings were very
positive. Shordly after ten pm. Father Boyle and Susan joined the group. I was alone on
one side of "the Wall.” The barrier detracted greatly from the visic. Around noon, we had
to vacate the area for the Proffier family; there still was no ruling on his case. There were
nineteen hours left. The signs did nor look good.

I returned to Q-2-E-4 and inventoried my property. Next I lay down to relax. Ac 3:05
pm, I was pulled our for a phone call from Superintendent Brierton. He told me that
Proffitt got a stay, and asked me if L would meet with the media. After thinking for a
moment, | consented. Brierton asked, “You aren't going to switch out on me after [ set this
up, are you?” I responded, “No, that’s not my way.”

Before we entered the room for the press conference, Brierton asked me, “Are you sure
you want to do this?” When I entered, I was stunned. I had expected perhaps a dozen or so
media representatives, but there were fifty. Because Proffitt had declined to meet with the
media, I faced them alone. It was scary. The early questions dealt with my thoughts and
feelings while on the deathwatch. Then they shifted to crime and punishment. Later, I
heard that some journalists had called me arrogant One cold me that this impression came
flom the fact that I came out of the ordeal not as a whipped dog, bur smiling and able to
answer difficult questions. It was good to sell be around, believe me

Later, I had a chance to study the opinion of the Florida Supreme Court in denying me
time to complete my appeals, and that of Judge Gonzalez in granting me a stay. He had
quoted from the minority dissent by Justice England of the Florida court: "The judicial
process has evolved over the centuries. It is calculated to be a deliberate process. Courts
must have sufficient time to consider matters timely presenced. Absent evidence that
Sullivan has abused the judicial process, this Court should accord his appeal the same
deliberate review to which all litigants are constitutionally entitled.”

I'd like to conclude with a quotation from Robert Bolt’s play A Man for All Seasons,
words that Roy Black used in his petition to demonstrate how important the principles of
procedure are.

More: And go he should, if he was the Devil himself, unul he broke the law.

Roper: So now you'd give the Devil benefit of law! 4

More: Yes. What would you do? Cut a great road through the law to get after the Devil?

Roper: Ud cut down every law in England to do that! ‘

More: Oh? And when the last law was down, and the Devil turned round on you—where would you hide,
Roper, the laws all being Hac? This country's planted chick with laws from coast to coast— man’s laws, noe

God's —and if you cut them down —and you're just the man to do it —d' you really think you could stand

upright in the winds thae would blow then? Yes, I'd give the Devil benehe of law, for my own safety's sake.

Ac this point, I'd estimate that Judge Gonzalez’ stay will last eight to ewelve months. On
the short end, I'd estimate that all my appeals have a minimum life span of twenty-eight to
thircy months from my first execution dace. Time ts a very valuable commodity in order to
prepare my case, especially to locate the other three potential alibi witnesses. I realize,
however, that I am betting my life on the same system of justice that up until now has only
demonstrated thac it wants to make me a sacrificial lamb.

The Robert A. Sullivan Legal Defense Fund is collecting funds to reopen an investigation of the
case. Address: Robert A. Sullivan Legal Defense Fund, care of Ralph L. Jacobs, codirector, 53
Leicester Road, Belmont, Massachussetts 02 178.

CAST OF CHARACTERS

Donald Schmidt
Rose Schmidt
Stephen Mechanic
Raymond Windsor
Denis Dean

Roy E. Black
Virginia Snyder

Ira Dubitsky
George Yoss

Edward Cowart
Jose Gonzalez
Patricia Kyle

Reid McLaughlin
Frank Barden
Gilbert Jackson
Roger Spear
Frank Cashman
Charles Gazzel
John Luchek
Tom < ?

Officer Tauriello

Officer Willock

Sgt. Arthur Felton
Det. Lonnie Lawrence

Det. Jones
Det. Aquirrre

Det. Ron Shuk
Dr. Lee. Beamer
James Haralambie
Joseph Pineda
William Jenner

Frank Barden (Mgr. )

Donald Schmidt (Ass't Mgr.)
Employees at Homestead Howard Johnson Resturant, April 1973

Carol Thomas
Debbie Lambert
Janet:Lee Witter -
Collette Rush
Charles Gazzell

William Harlow
Peter Tighe

Thomas Murphy
Michael Carmack
Robert Porter

Robert Sheley
Ken Francis

Roy Bissonette
Jimmy Lee Smith

Murder Victim

Victim's Wife

Public Defender representing Bob, April/June 1973
Bob's attorney June - September 1973

Bob's attorney until 1977

Bob's attorney, 1978 to present

Private investigator retained by Roy Black for Bob

Trial prosecutors

Trial Judge
Federal District Judge
U. S. Magistrate

Possible Suspects

Homestead Police Department

Arresting Officers, Dade County Public Safety Department

Fingerprint Expert

Medical Examiner

State Witness

Director, Rathskeller

Owner of pistol used in robbery

pss Alibi Witness who place Bob at Keith's on April 8/9 1973

Other potential witnesses who also knew Bob was at Keith's

William Meisenholder
i Prisoners to whom McLaughlin admitted Bob's innocence

David Brill Investigative reporter working undercover for Norfolk (MA)

County District Attorney

This report was prepared and distributed by the Robert Austin
Sullivan Legal Defense Fund, Ralph L. Jacobs, Director. For
additional copies, or to contribute to the Fund, Write to:

Robert Austin Sullivan
Legal Defense Fund

53 Leicester Road
Belmont MA 02178

The Case of

Robert A.
Sullivan

ROBERT AUSTIN SULLIVAN RASLDF

Legal Defense Fund c/o Ralph Jacobs, Director
RASLDF Newsletter 53 Leicester Road
May, 1983 Belmont, MA 02178

Phone: 617-479-6441 (nights)

Our worst fears became a grim reality on January 17, 1983,
coincidently the sixth anniversary of Gary Gilmore's execution-—
suicide. On January 17th, Bob Sullivan's panel of llth Circuit
Federal Court of Appeal judges voted 3 to O to totally affirm
Bob's entire appeal. The panel's opinion was written by Judge
Fay, with concurring votes by Judges Roney and Tjoflat. All
of us were emotionally crushed by this very disheartening
ruling.

Everyone affiliated with RASLDF was left shocked by the
manner in which Bob's panel disposed of his appeal. Among
all of the appeal issues that were briefed by Roy Black to the
court, only one issue was ruled upon on its legal merit. The
panel held that Bob did receive effective assistance of counsel
by his court-appointed trial attorney, Denis Dean. Bob's best
issue, the misleading reference to passing a polygraph test
made by Reid McLaughlin, who actually had failed four of seven
questions, was rejected by the panel, which concluded that it
was not a federal constitutional issue. And by retroactively
applying a ruling made by the U.S. Supreme Court in 1977,
called Wainwright v. Sykes, the panel determined that all other
points of appeal had been waived. The interpretation of Sykes
is that any appeal issue that was not raised on the first or
direct appeal to the Florida Supreme Court is deemed waived or
forfeited.

In addition, arbitrariness from one judge to the next
is well documented. If an appellant draws a conservative
judge(s), his chances of relief are reduced. Bob's 11th
Circuit panel was composed of the two most conservative
judges on the entire court. Quoting one of Bob's letters:
"Tt is not the law that necessarily governs a decision as
much as which judge(s) interpret or apply the law in a given
case." Had Bob drawn a more liberal panel, it is highly
unlikely that Bob's appeal would have lost in the 11th Ci rcuLt .
The luck of the draw was a killer.

participate in a well-organized letter writing campaign, the
purpose of which would be intended to try to save Bob's life.
Timing would be important. Should this need arise, we will send
you a special newsletter which will contain all the necessary
details.

Periodically, we try to objectively review the strengths
and weaknesses of Bob's defense, and also how well we have com—
municated that information to you, Our supporters. We are
constantly trying to make improvements. It is our belief that
Bob's alibi is our greatest strength. For.that reason, at
this time we'd like to demonstrate to you through the witnesses'
own words that it would have been impossible for Bob Sullivan
to have participated in ANY way in the robbery-abduction murder
of Donald Schmidt. To complement the words of the alibi wit-
nesses, we have assimilated all of the useful facts into a chart
which will appear at the end of the newsletter.

Prior to quoting the alibi witnesses, we'd like to list
all the known times that are significant in reviewing what
actually transpired on the evening of April 8 - 9, 1973. The
following facts are beyond dispute because they all came from
testimony of State witnesses or from police reports.

1. The distance to drive from Keith's lounge in Hallendale
to the Howard Johnson's unit in Homestead is approx-
imately 40 miles one way, or 80 miles round trip.

2. Every Sunday evening at Keith's lounge, including
April 8 ~ 9, 1973, the feature is a Midnight Show.
There is only one show, which lasts about 90 minutes
and usually runs from approximately 12:30 AM to
2:00 AM.

3. It is a fact that the Homestead HOJO closed at 10:30
PM on April 8, 1973.

4. Collette Rush, a waitress at the HOJO, testified that
she left the restaurant at 11:30 PM on April 8, 1973,
leaving. Donald Schmidt alone in the office.

-3-

For the benefit of this comparison, we will view all of
the above times as constants. im order to drive the round
trip from Keith's lounge to the Homestead Howard Johnson's,
a distance of nearly 80 driving miles, commit a robbery and
a murder, we believe the absolute minimum amount of time
expended would be 90 - 100 minutes, and more likely closer
to two hours. The only testimony regarding the abduction-
murder phase of the crime came from Reid McLaughlin, who
estimated the murder occurred between 1:00 — 2:00 AM on
April 9, 1973. Incidentally, according to McLaughlin, the
robbery phase occurred between 11:35 -— 11:45 PM on April
oS, 19732

By citing all the times that Bob's alibi witnesses place
him at Keith's, there is absolutely no way that Bob could have
participated in either robbery or murder. First, we'll list
the version Bob has consistently maintained describing his
movements on the night of the crime, April 8 - 9, 1973. These
are well documented in Bob's letters to lawyers dated before
trial, spanning June 12, 1973 to October 25, 1973. Bob has
said that he arrived alone at Keith's lounge at approximately
11:30 PM on April 8, 1973. Bob maintains that he remained at
Keith's all that evening until closing at 4:00 AM. Bob has said
that he encountered five persons who he knew by name between
11:30 PM ~ 12:15 AM. Two were bartenders (Peter Tighe and
Michael Carmack) and three were patrons (William Harlow, Robert
Porter, and Thomas Murphy). After talking with Harlow and
Porter for brief periods, between arrival and showtime, Bob
bumped into Tom Murphy. They agreed to get a table together
to view the show. Shortly after the show began, Bob received
a note delivered by the waiter from Mike Carmack. Bob went
to talk to Mike for 20 - 30 minutes after which he returned to
the table with Murphy. Bob stayed with Murphy until closing
at 4:00 AM.

The strongest type of alibi would be a continuous one. For
that reason, Thomas Murphy would be the best potential alibi
witness, due to his alibi duration covering nearly four crucial
hours. Unfortunately, Murphy has repeatedly refused to so much
as talk to anyone about it. Amongthe people to whom Murphy has
declined to talk for reasons that are unknown to us are Tim
Dwyer of the Boston Globe, Father Robert Boyle, and Virginia
Snyder as well as her associate, Wayne Campbell. Due to the
significance of Murphy's testimony we cannot afford to give up.
on him.

This leaves us with four potential named alibi witnesses.
We are very pleased to report to you that we have finally
located 211 of these prospective witnesses and each of these
four persons is cooperating with us. Both Carmack and Porter
were exceptionally hard to track down. Porter was the last
person to be found in March, 1983; he was living in Hawaii.
At the time this newsletter had to go to press in April, we had
not yet interviewed Porter with respect to the alibi. Based
upon Porter's correspondence, we can say that he is cooperative,
recalls the night in question, and has furnished us with the
name of his companion that night, Wayne Connors. In our next
RASLDF newsletter following the raffle, we hope to be able to
fully update this highly encouraging development.

For our purposes here, we can only rely upon three alibi
witnesses: Harlow, Tighe, and Carmack. Nevertheless, we are
confident these three people provide Bob with an air tight
alibi for both phases of the crime, robbery and murder. AI1l
the quotes made by either Tighe or Harlow came directly from
the March, 1980, federal evidentiary hearing transcript,
made under oath before U.S. Magistrate Patricia Kyle. The
only opportunity to present any NEW witnesses, such as Carmack,
would be at another evidentiary hearing. Appeal courts such
as the 11th Circuit or the U.S. Supreme Court do not accept
testimony by witnesses. Virginia Snyder did not locate Carmack

a4 =

THE LOSS OF ROBERT A. SULLIVAN

On the 30th of November, 1983 the State of Florida succeeded in their
relentless quest to legally murder Robert A. Sullivan. The execution
occurred despite literally thousands of requests to Gov. Graham for a
stay; pleas for a stay came from RASLDF supporters, anti-capital punishment
advocates, the general public, the Gov. and Lt. Gov. of Massachusetts
numerous legislators from various states, the Catholic Bishops of Florida,
and even from Pope John Paul II. While so many were convinced either of
Bob's innocence or substantial doubt remaining in his case, neither the
courts nor Gov. Graham could be swayed.

1. Affidavits by 2 additional witnesses, wha placed
Bob at a lounge some 40 miles from the Homestead Howard
Johnson's at the established time of the crime;

2. Affidavits from 3 individuals who indicated that
the co-defendant in the case had told them that Bob
Sullivan had not committed the crime, but had been set up;

4, An affidavit from co-defendant McLaughlin which
told that Bob's numerous requests for a lawyer at the
time of his arrest had been denied; and

5. Documentation showing that Bob's trial lawyer,
Dennis Dean, had never contacted any alibi witnesses-
this being contrary to Dean's testimony at the 1980
Evidentiary Hearing.

All this and more relevant material were not enough to convince the courts...
that a stay was warranted.

their legal appeals. He even taught other inmates how to read and write.
On one specific occasion Bob talked a fellow inmate out of committing
suicide.

Even within the depressing Death Row environment with all its
pressures and tensions, Bob attempted to make it a better place not only
for himself, but his fellow inmates. He spear-headed a suit against the
State of Florida for more recreation time. Bob also brought suit against
the State to make prison officials accountable for the damages to inmates
comin property and legal materials during a massive shakedown at Starke
in 1980.

I thought you might like to know some of the things the other men
have said and written to me about Bob. One inmate has been taking
an informal poll of the officers, asking them what they thought

Willie Darden is a middleaged black man who has been on death row
nearly as long as Bob was, and has had two death warrants. While
Bob was on death watch, he wrote to me; "It's good that you

are working on Bob's case. When you see him again, be sure to

give him my love and tell him that I'm pulling like hell for him

to come out on top, ok? He is one of few here whom I've enjoyed

a profound relationship with that have been unique and without
problems." After the execution he wrote, "while it is true that

or not! ... Bob and I have spent many hours talking in person and
writing notes and comparing thoughts that were vital to the welfare
of our beings. It was during these moments that we realized the
need to be "dignified" in our ways am how not to be discouraged
during the darkest moments of our life. I knew that there were
times when Bob felt a little weak and discouraged, as I could tell
because he'd write me a note asking questions about my case or

One man said, "I didn't know Bob well, but everytime I saw him,
there was a kindness and decency in him which I felt. During the
execution I sat silent in the cell, and sent him all the love

I could."

James Hill wrote me: "I miss Bob more then words can tell you.
it is really rough on me now that Bob is gone Because Bob always
help me with my case and to read and write Better and now i dont

material positive to Bob's case, was not revealed by the prosecution.

Beyond Bob's case we find that a disproportionate number of minority
dnmates reside on Death Row. In addition, the deterrence effect of Capital
Punishment has never conclusively been proved; in actuality most scientific
studies indicate that Capital Punishment is not a deterrent.

Being so close to and so active in Bob's case for all these years
has resulted in a narrowness of our perspective of Capital Punishment.
Death Row doses not consist of one man or one prison or one state. As of
October 20, 1983 there were 1,268 Death Row inmates in a total of 33 states.
Is it anymore fair for anyone of these 1,268 inmates to be executed than it
was for Bob? I believe not. Bob could see this himself and he spoke out
against the "monster" he called Capital Punishment. At the conclusion of
this newsletter there are two statements from Bob which deal strongly with
this issue and the legal system which ultimately took his life.

Please find enclosed a copy of the most recent MCADP newsletter for
your reading and use. I hope that our Mass. membership will be supportive
of MCADP and their efforts. Future MCADP mailings will be sent to our
members in Mass. If anyone has an objectinn to this proposal, please contact
us and we will remove your name from such list. Should any out-of-state
members desire the MCADP mailing in the future, please contact us and we'll
see that your name is added to the mailing list.

. We've recently learned about the formation of a new anti-capital
punishment group in Palm Beach County, Florida. People Against Executions,
PAX, is being headed by Wayne Campbell and Diane Darby, private investigators
who worked on Bob's case. The group's inception is a direct result of Bob's
execution. For our Florida friends in the area, PAX's first meeting is
scheduled for Feb. 28th at 7:30 PM and will be held at the Unitarian
Universalist Church located at 2601 St. Andrews Blvd., Boca Raton, FL.

information.

An invitation is open to all. Call 278-9565, 272-2754, or 368-9651 for

|
Mention should also be made of a more established anti- capital

punishment group from the Gainsville, FL. area. Gainesville Citizens

Against the Death Penalty, GCADP, and its members were supportive of Bob.

Their address is 1522 W. University Ave., Gainesville, FL. 32603. Tel.

no. 372-8506. |
If an anti-capital punishment group in your area has been started

or becomes more active, we would love to hear about it. We must pool

and share our information and resources.

I am truly anxious to get some feedback on the suggestions put forth.

I seek all the input and help you might be able to offer. A successful
future will require a team effort.

FINANCIAL STATUS OF THE RASLDF

ROBERT AUSTIN SULLIVAN
LEGAL DEFENSE FUND

53 Leicester Rd.
Belmont, MA. 02178

THANK YOU

I would like to take the opportunity to thank each and every
individual who supported Bob during his most difficult incarceration
at Starke. It would be impossible to make mention of everyone individually,
because the names would go on amd on. Bob's case could not have proceeded
if not for the legal assistance, investigative work, authoring of LDF
literature, typing, and the contributions to the LDF. Further support
came in the form of cards, letters, and even visits by a few who were
lucky enough to have had that opportunity.

In closing, I would like to thank you from the bottom of my heart
for all your efforts. I look forward to working with all of you as we
meet the challenge of battling capital punishment.

Sincerely,

Ralph L. Jacobs
Director RASLDF

Each are testaments to Bob's faith and strength of character.

Dear Friends,

In the event that the worst does in fact occur, I wanted very much <o
send some special words to each of you at this time. I will be recording this
statement on November 22nd; therefore at that time I will not know what hes
happened on my appeals to the Florida Supreme Court nor what happens when we
reenter the federal system. 1 approach these final days with a variety of
feelings, emotions, and thoughts, some of which I'd like to share with you.
In that context, I definitely still harbor hope at this time. Nonetheless, I
fully realize the outcome could result in my ,execution during the final 29
hours of the warrant's life, between 7 AM on the 29th and noon on the 30th.

Often in the past, as one who loves sports, I have compared the appellate
steps, which numbered nine, to a baseball game which has nine innings. As you
know, my first round of direct and post-conviction appeals have all lost.
Through our second round appeals, called a successor habeas petition, we have
asked the courts for an OVERTIME period by presenting a wealth of NEW material
never before considered by the courts. Unlike most other sports, baseball has
no time clock where the game must end. As long as there is one out remaining
in the bottom of the ninth inning the game still can be WON. That hope-
factor, as I like to call it, has served me well over these many long, hard
years. Hall of Fame baseball player, Yogi Berra, a former NY Yankee, coined
an adage, one that has served me well especially at down moments, in which he
referred to a baseball game. I have transferred this adage onto my situation:
"It is never over until it is over." Until this second warrant, other than
during the first warrant, I could always find ample reason to justify having
hope, and maintaining it.

As I approach what could be my final week of life, I still retain hopes =.

Nonetheless, I am forcing myself to be realistic to the extent that I know I
very easily could be legally murdered by the State of Florida on the 29th or
30th of November, 1983. This is a very tough subject to deal with on a
personal level. I fully comprehend also how difficult it must be for all of
my friends as well. 1 ask that you be not afraid. We all must be strong,
perhaps stronger than at any time before in any of our lives, either yours or
mine. Believe me, I am fully cognizant of the extreme difficulties of an
execution on the condemned's family and friends. As long as I live, I shall
never forget the agony of Lois Spenkelink, John's: mother, throughout his 1979
warrant. I submit to Society, does any other mother deserve to be put through
that agony? In no way, shape, or form, can 1 reconcile that such an end
justifies the means. Capital punishment never has worked as a cure to
society's ills and it never will. Deterrence is pure myth. I ask for the
proponents of capital punishment to submit the evidence that determined
murderers have ever-altered their plans simply because of capita)
punishment. : ‘ e

No such hard evidence exists, other than in the minds of politicians who
- misuse the death penalty to further their own political gain: On the Final
Judgment Day, I feel Governor Bob Graham and Attorney General Jim Smith for
example will be judged as murderers /because they have misused the power. ci
their offices using the death penalty for personal political gain. However, |
dare not predict if God will be more merciful to them\than they have been to
me and anyone else who may follow me, down that ‘lonely walk to sit in the
electric chair. 1 submit to you that the only persons who benefit from the
death penalty are the politicians who administer it. Society does not
benefit. Twenty years ago our beloved President John Fitzgerald Kennedy was
murdered. Quoting Kennedy, “Our problems are manmade; therefore they can be
solved by man." I submit if politicians like’ Bob Graham directed the same
energy levels onto solving problems in society as they do to capital
punishment, there would be far more meaningful and effective results for
society. \

whoarohy cama nareane mae

more good things about’ me that have been presented to Governor Graham,
including a wealth of exculpatory material, than in any other case which has
received clemency at this time.

So why have I been targeted for extermination by the state of Florida
when far worse cases and individuals’ get their death sentences commuted? 1
submit, if the same person cannot administer clemency fairly and with
proportionality (which Bob Graham has clearly failed to do), then it never
will be possible to do it. Therefore, capital punishment can never be
administered fairly, without arbitrariness. The facts speak clearly for
themselves. Based upon the standards created by Governor Graham's decisions,
I should have received no less than clemency. Many years ago, I reached a
conclusion that in fact has now become a reality. I firmly believe that I
have been selected as a sacrifical lamb by the officials of the state of
Florida NOT for what I have been accused of doing, but instead because I am
the antithesis of the type of person who has traditionally been the victim of
capital punishment, especially in the South. Because I am white, attended
college, and had considerable support including much by the Catholic Bishops
of Florida and Massachusetts, Graham and Smith decided to come after me. If
they .succeed, Graham and Smith can say.that they are not reserving the death
penalty exclusively for the uneducated, or minorities, or the friendless. Of
course being indigent and saddled with court appointed counsel was an extreme
disadvantage to and for me. Denis Dean, my court appointed counsel, never was
interested enough to even attempt to interview prospective alibi witnesses in
my behalf. Four of the 5 persons whose names I had given to Dean have been
located since 1979 and have given me a firm alibi throughout the crime period,
and the. fifth person, Thomas Murphy, simply refused to cooperate.

If I have had Justice, then that is a sad indictment of the system and
more-specifically of the people who administer it. Unlike Caryl Chessman, who

. challenged the legal, system to kill him if it could, all that I have ever

asked for is Justice. 1 submit, that unless I have a new trial before a jury
of my peers where.I have the opportunity to present all the known exculpatory
material including the alibi witnesses, then Robert Austin Sullivan will not
have had Justice tested by the adversarial system. In large degree, as of
1973, my naivete about the evils of the people within the system, which caused
me to be too trusting, resulted in my being convicted and here today. 1
expected fairness to be automatic; however, it is not like the impression I
had of it, partly lulling myself into a false sense of security that innocence
must prevail from viewing too much TV, such as Perry Mason. I have chased
Justice like Cervantes' fictional character Don Quixote chased windmills. 1
have never found Justice.

If I am executed, the state of Florida will have used its laws to
premeditatedly murder me. As Camus wrote, “Capital punishment is premeditated
murder of the worst kind, unlike any other crime. due to the years of
waiting. There is no such monster on the streets." Camus also wrote a
passage which I submit to all government officials who misuse the death
penalty for their own political gain, and particularly Governor Graham and
Attorney General Smith: "He who judges absolutely, condemns himself
absolutely." Although Graham has sat in judgment of me, I can rest
comfortably knowing that God will have the final determination, not only of
myself but also of those who have borne fals: witness against me and who have
misused their power to falsely judge me. Because I refuse to sink to the
cesspool levels of the likes of a Graham or Smith, I ask God to be more
merciful to them than they have been to me. Nonetheless, being only a human
being, I am naturally angry and bitter. Even so, I refuse to allow their
insanity to change me. I dare to say, that I can live with my conscience far
better than they can live with theirs! :

Getting off my soap-box, let me try to get down more to the difficult
subjects at hand. Although I have never had much happiness within my family,
having been used as a pawn between two parents who thoroughly hated one
another after their separation when I was only 6 years old, I can say PROUDLY
that I am RICH in good friends. That fact alone has enabled me to more
effectively endure these last difficult 10 1/2 years. As a direct result,
instead of regressing as a human being under these intense pressures, I feel
that I have risen above them, and have grown as a human being. In many ways I
found myself as I never had before even on death row. I have overcome many
fears and insecurities that had harbored themselves deeply rooted within me,
caused mostly by my inability to cope with or understand the deep hatred that

have any one to help me to read and write Better and to help me
with my case. each time i think of Bob it tears me up in side

A very moving and emotional memorial mass was celebrated before 200 people
at St. Joseph's Catholic Church in Belmont, Ma. Three of the priests,

who officiated in the mass and had been with Bob during the last days,
were Rev. Robert J. Boyle, Rev. Vincent E. Daily and Rev. Cornelius J.
Heery. Their message told of Bob Sullivan being victorious through his
faith - a growing faith which brought him to a total peace with himself
and God. Even with his impending death Bob worried about others and how
they were holding up. If during the course of their conversation things
got a bit somber, it was Bob who would pick them up. Undoubtedly, Bob was
sad about his scheduled death, yet he prepared himself with the peace of
God in his heart. Bob went to his death with a dignity of the highest
order. Father Boyle described his own thoughts of Bob's death with the
famous words "Free at last, free at last, God Almighty, free at last."

THE FUTURE OF THE RASLDF

To some it might appear that the RASLDF has no future now that we have
lost Bob, but this couldn't be further from the truth. The LDF has much to
accomplish in the days, months and years ahead.

The RASLDF will move forward with a two-fold purpose. Firstly, the
efforts to ultimately prove Bob's innocence will be continued. Secondly,
it seems quite appropriate that we confront the total issue of Capital
Punishment. I should comment that I have received many positive letters
from LDF members who feel that the Capital Punishment issue is where we
should direct our energies.

Our belief in Bob's innocence should never be understated. Bob's
case and the circumstances surrounding it are complicated, yet the truth
remains that Robert Sullivan did not murder anyone on April 8-9, 1973.
Some other individual or individuals are responsible for the murder of
Donald Schmidt and for the framing of Robert Sullivan. Some pieces of the
puzzle have yet to be found, but one day the entire truth will be realized
and Bob's name will be vindicated. Despite an heroic effort by Private
Investigator Virginia Snyder and her associate, Wayne Campbell, enough
information could not be put together to convince the courts of Bob's
innocence.

Secondly, Bob was an indigent inmate. The indigent inmate who depends |
upon a court appointed attorney is more likely to end up on Death Row than |
the inmate who can afford some of the legal elite. The effectiveness of

a defense is directly proportional to the amount of money and effort

expended. The richer the defendant, the better the defense, thus reducing

the chances of conviction and/or maximum sentence. Bob never received a

fair trial because his court appointed attorney ex! snded little or no effort

in defending hin.

Fourthly, the application of the death penalty in Bob's case was
extremely arbitrary. Bob was not deserving of his fate. As a model inmate,
he demonstrated all the reasons why a person's life should be spared, Still
the State of Florida chose to take his life.

The William Paterson Coliege of New Jersey. Wayne. New Jersey 07470 + (201) 595-2119

Department of Administrative, Adult and Secondary Programs

June 8th 1982

Dear Reader,

I've followed Bob Sullivan's case for some time and was very clear
from the beginning that he was convicted of a.crime he did not commit.

This time, however, I volunteered my services as editor and paste-
up man, which means I've spent many hours working over the central docu-
ment which is now in your hands. That document is long and complex; it
is possible for you to experience fatigue, annoyance, even unbelief as
you are reading it. But I urge you: READ EVERY WORD. This complex and
tortuous case does take some time to sort out. But once you do have all
the facts clear, it'll] be obvious that a gross miscarriage of justice
happened when Bob was convicted of this murder. Further, there is good
cause to believe that he was set up by others to cover some of their own
ill] deeds. So, again, READ IT TO THE END! You will not be the same after
you have read it, I promise you!

I have added one feature of my own (with Bob's assistance.) On the
back cover there is a CAST OF CHARACTERS. I placed it there intentionally,
so you can refer back to it easily, any time you find you have lost track
of the many players in this drama. I trust it will prove helpful.

Let me add the final word. If you are moved by this case, if you
are also clear that Bob is innocent, please know the absolute urgency for
you to "make a difference" in this case by contributing to the Defense Fund.
THERE IS NO WAY BOB CAN GO FREE WITHOUT TURNING UP MORE EVIDENCE AND TRACING
OTHER POTENTIAL ALIBI WITNESSES. And, all of that costs money; Virginia
Snyder is a very fine private investigator; she's done an incredible job
thus far. WE NEED HER TO DO MORE! That COSTS MONEY!

I thank you for your attention. I appreciate your interest and con-
cern as expressed by reading the document. YOU can prevent this innocent
man from going to the chair. I have contributed before, and I am contrib-
uting again. I encourage you to do likewise.

I commend your decision in this matter to the Lord of Creation.

Ralph H. Walker EdD
Associate Professor

New Jersey Is An Equal Opportunity Employer

1 INTRODUCTION

i, Robert A. Sullivan, would like to take this opportunity to personally ask that you
please read this entire booklet, which has been prepared by the members of RASLDF, the
Robert Austin Sullivan Legal Defense Fund. Our hope is to thoroughly acquaint you with
the chain of events which occurred to me, because in reality, it could happen to anyone,
including YOU!

Prior to this first exposure to it, | held certain presumptions concerning the Ameri-
can Criminal Justice System. | labored under the definite misconception that innocent
persons were not wrongly convicted of crimes. To say that | was naive and uninformed
would be an understatement. On November 12, 1973, in Miami, Florida, | was sentenced
to die by Judge Edward Cowart for a crime that | did not commit! I have been strug-

gling hard ever since trying to establish my innocence.

During the years since my conviction seven persons who had been convicted and
sentenced to die in the U.S. have subsequently been proven innocent and all seven have
been released. This demonstrates that our Criminal Justice System is fallible. What if
any among these seven persons had been executed before proving their innocence? This
fact makes a powerful argument for opposing capital punishment. There is a very real
danger that an innocent person could be wrongly executed. John J. Buckley, retired.
Sheriff of Middlesex County (Massachusetts) and current president of LEAD, Law Enforce-
ment Against the Death Penalty, is quoted in the February 15, 1981 issue of the Houston:
Chronical, as follows: "We know there is an error rate which none deny, and it may be
as high as tweive per cent, for the criminal justice system is far from perfect. There is
no way that such a wrong as the sacrifice of life itself against an innocent person can be
righted." Based upon a 12% error rate, among the thousand persons currently condemned
to die in American prisons, how many innocent persons are now on death row?

At age twenty-five in early 1973, | was a carefree bachelor. Ending up on death

row had never crossed my mind. 1 had held responsible positions in the career field of
Hotel and Restaurant Management. | had grown up in New England, mostly in Belmont,
Massachusetts, a suburb of Boston. 1! had been adopted as an infant. My parents sep-

arated when | was six. After graduating from Belmont High School, | enrolled at the
University of Miami (Florida) in the fall of 1965. During four of the next five years, |
attended college (no degree) majoring in Business Management. | wanted to prepare
myself for a career in Hotel and Restaurant Management.

1 really enjoyed my years of college at the University of Miami. While there, |!
gained much personal satisfaction from participation in the Intramural Athletic Program,
having received several awards for achievement and leadership. | regret leaving college
without earning my degree. | accepted a job offer in June, 1970, from the Restaurant
division of the Howard Johnson Company. | quickly advanced from a manager trainee to
assistant manager, and to manager of my own unit, within ten months. In January, 1972,
| was promoted again to manage the Homestead restaurant, the third highest volume unit
in the Miami area.

opportunity to diversify my skills and experience. When my dad's health had improved,*
| accepted a job offer to become Assistant Director of the Rathskeller operated by the
University of Miami. | was scheduled to commence work on April 23, 1973. | had been
friends with Joe Pineda, the Rathskeiler's Director, since 1967. Confidentially, he had
alerted me to the fact that he intended to switch jobs at the college in June of 1973 in
order to avoid the increased sales volume expected for the Rathskeller with the change In
drinking age from twenty-one to eighteen which would take place July ist of that year.
Pineda promised to recommend me as his successor. sh weicomed the challenge. | had
grown tremendously excited at the prospect of returning to the campus setting where |
had lived the best years of my life. However, | never made it to the first day of employ-
ment.

Instead, | was set up for a murder committed by others. Assisting the conspira-
tors, the police really did a number on me as well. To this day, | cannot be absolutely
certain who committed the crime or why. Several combinations of possibilities emerged
from investigation. |! do know with certainty that | did not rob the Homestead Howard

Johnson restaurant on the night of April 8th-9th, 1973, nor abduct and murder its assis-
tant manager, Donald Schmidt. On the night of the crime | was in South Florida; how-
ever, | was in Keith's Cruise Room, a Hallendale lounge, at the time the crime took place
and we can now prove it, using alibi witnesses.

On April 17, 1973, | was arrested for the murder of Donald Schmidt. Since then, |
have endured a living nightmare. As you read the Case history, it should enable you to
decide for yourself, using all the known facts. |! am confident you will conclude that
*My father died February 1, 1979 while | was imprisoned in the State of Fiorida.

Time has become a critical factor working against us. Not only must we fight the
conviction, but also prevent the State of Florida from legally murdering me. | possess
the dubious distinction of having been the man condemned to die for a longer period of
time than any other person similarly sentenced in America. On July 4, 1981, ! marked
my 3000th day of imprisonment. Time quickly appears, tick, tick, tick, to be running
out for many condemned prisjoners whe have nearly exhausted all of their guaranteed
appeal steps. in Appendix you can see how my appeal has advanced to the next to
last possible appeal court, the Federal Court of Appeals (FCA).

Additional involuntary executions in the U.S. similar to John Spenkellink are inevi-
_table. It's only a matter of time, possibly a year or two, | fear, before the execution
floodgates epen. i surely want to avoid such a horrible death. Execution by electro-
eunees and especially the barbaric ritualistic preparations of the condemned, is mind-

oggling.

| consider myself fortunate to finally have an able and dedicated attorney, Roy E.
Black of Miami, to represent me. Roy describes in Appendix B why he volunteered his
services to defend me. Any attorney can only be as effective as the material with which
he has been provided. More often than not it is the backup personne! who are the
persons most responsible for a legal victory in court. A case in point was that of Dr.
Sam Sheppard, who was convicted of murdering his wife. Attorney F. Lee Bailey used
the documentation made by an expert criminologist, who proved through blood-stain
patterns that Dr. Sheppard was not his wife's killer, which was the vehicle for a new
trial at which Dr. Sheppard was found not guilty!

Respectfully submitted,

Robert Austin Sullivan
#039870

P.O. Box 747

Starke, Florida 32091

in addition to Roy Black, | would like to offer a special thanks to Kenny Trainor,
Linda Radin, Richard Carr and Ralph Jacobs for their loyalty, friendship, and support
throughout, and further thanks to Ralph Walker, Ed.D., Associate Professor at William
Paterson College of New Jersey, who has been of great assistance in many ways, in-
cluding the editing and printing of this report.

1! OBJECTIVES OF ROBERT A. SULLIVAN LEGAL DEFENCE FUND

in October, 1976, Denis Dean, the court-appointed attorney who had represented
Bob Sullivan, officially withdrew from the case, thereby leaving Bob without any legal
representation. This senseless act finally shocked several of Bob's friends into realizing
that Bob was left alone to face a very serious predicament. As a result, in early 1977,
the Robert A. Sullivan Legal Defence Fund was created by several of Bob's friends. The
goal of RASLDF has been and will be to win a new trial for Bob. Many persons have
made contributions including a federal judge, a sheriff, a Massachusetts legislator, sev-
eral attorneys (including a former district attorney), many clergymen, and countless
others. We'd like you, too, to join our cause as well. i

The problems facing RASLDF are many. Investigating a crime that occurred in “ages
multiplies the difficulties in trying to track down key witnesses. There are at least 2
more persons whom we need to locate for questioning. In 1974, the trial judge aiere
the clerk to destroy all the evidence from the trial which further complicates our ea ss
track down those persons will be a very costly operation, and a necessary one | fe)
Sullivan's case is ever to be adequately investigated for the first time.

There is a saying that there are no rich people on death row. The level of effec-
tiveness of a Se af in direct proportion to the amount of money and effort expended
on it. The richer a defendant, the better the defense, which consequently reduces the
possibility of conviction and/or maximum sentence. Clearly, Bob did not have i sae
quate trial defense, and we blame Denis Dean whose entire defense consisted of two
witnesses -- incredible?? Based upon what our investigation has already produced, any
lawyer worth his salt would have subpoenaed at least fifteen persons as defense wit-

nesses.

Time is no jonger our ally; it has become our enemy. Unless we are able to soon
find significant additional witnesses and evidence, the danger exists we could lose Bob to
Florida's executioner! While time still permits, we need many thousands of dollars to
apply to investigation. If Bob's appeal should lose at the Federal Court of Appeals and
United States Supreme Court (see Appendix A), Governor Bob Graham can be expected to
swiftly sign a second death warrant against Bob. The ONLY possible means for us to
prevent Bob's execution would be to convince the courts that we had discovered sufficient
NEW issues which had a substantial likelihood of success legally in order to justify the
court(s) to issue a Stay of Execution. We need to be ready to meet those standards, if
necessary. Everyone affiliated with RASLDF hopes that you will help our cause.

Sincerely,
Ralph L. Jacobs
Director RASLDF

lil THE CASE HISTORY

Having accepted employment at the University of Miami, Bob quit his position at the
Sheraton Wayfarer. He planned to spend a few weeks in between jobs vacationing In the
Miami area. Several days before his planned departure, Bob was approached in Boston
by an acquaintance, Reid McLaughlin, who inquired if he could join Bob as a traveling
companion. Bob consented to the arrangement because of McLaughlin's willingness to
share travel expenses equally. While in college, Bob had frequently accepted traveling
companions as a means of reducing his expenses.

hopping.

of the lounge.

Every Sunday night at Keith's, there is a single show which starts shortly after
midnight featuring Michael St. Laurent. These shows usually last about two hours. Upon
arrival at Keith's on April 8th at 11:30 p.m., Bob Sullivan first talked to Billy Harlow
who was celebrating his 18th birthday. After purchasing a drink from Peter and Mike's
bar station, Bob bumped into Robert Porter whom he knew casually from Boston. A few
minutes later Thomas Murphy arrived. He, too, was from the Boston area although Bob
had only met him several days earlier at Tee Jay's Lounge. Murphy said that he was a

1) After closing employees left by the back door. Policy requires the manager to let
customers and employees out the front door, which is to be kept locked after clos-
ing.

2) The back door was left unlocked after closing. The back door should be kept
locked at all times, especially after dark.

3) Regardless of the circumstances, no employee, including management, is permitted to
remain ALONE in the restaurant after closing. Schmidt was alone.

A) All deposits of receipts should be made daily; why were three day's receipts on
the premises?

B) Since all excess monies should be in the manager's safe, why were three day's
receipts in the safe to which Schmidt had access?

How all of the above could occur on April 8th and ONLY on that night may be the
key to solving the crime. If it was controlled by someone, only the manager could con-
tro! all of these different occurrences. Referring again to Willock's report, he stated,
"In this officer's opinion, Mr. Schmidt was not abducted. If there was an abduction,
why was the safe locked, the back door was locked, and the lights were turned off?"
Homestead Police Officer Tauriello in describing the office area noted, "there is no scene
to process as the manager (Barden) molested scene." (i.e. Barden's prints made lifting
other prints impossible. )

pointed out, "A mobile crime lab unit also had arrived at the scene to take pictures and
measurements of the footprints and other evidence including hundreds of shell casings."

During Felton's investigation, he contacted Barden, who gave him the name of Rob-
ert Sullivan, a former manager of the restaurant. Bardon did not give Felton any other
names, including Gazzel, which we find quite odd in light of his disappearance on April
8th after stealing money and jewelry from Janalee Wittier. None of the Howard Johnson
employees named in this report had ever worked for Bob Sullivan, including Barden,
Schmidt, Gazzel, Lambert, Rush, Wittier, or Thomas. in fact, no one had ever even
seen Bob Sullivan.

A car belonging to Bob Sullivan arrived at Keith's shortly before midnight on April
16th. Three persons, Gilbert Jackson, Reid McLaughlin and Robert Sullivan, left the car
and entered the lounge.

Sullivan and McLaughlin were transported to the station in separate vehicles. After
lengthy interrogation, the police finally got what they wanted -- a statement, in which
Sullivan implicated himself and McLaughlin in the murder of Donald Schmidt!* Confronted
with Sullivan's statement, McLaughlin parroted much the same story. Both men were
booked into separate cells at the Dade County Jail.

Several days after his arrest, Bob appeared at a preliminary hearing. Felton's
testimony included saying that Bob never requested an attorney during interrogation.
Stephen Mechanic of the Public Defender's Office told Bob that a lawyer from their office
would come to interview him at the jail soon. Bob had still not seen a lawyer when he
made a court appearance before Judge Cowart on June 4, 1973. Raymond Windsor was
appointed as Bob's lawyer by Judge Cowart. On June 8, 1973, Bob was returned to
Judge Cowart's courtroom where for the first time he met Windsor for five minutes in the
jury room prior to being arraigned. Bob saw Windsor two additional times at the jail,
once each in July and September. Bob sent Windsor several letters urging that many
areas needed to be investigated, especially locating five potential alibi witnesses.

*Please read on to the end. Bob's rationale becomes Clear later (page 8 and 9 in particu-
lar). [Editor] 5

After Bob realized that Windsor had not done any investigating, Bob prepared and
filed on September 13, 1973 his own motion asking Judge Cowart to discharge Windsor due
to a conflict. Bob had picked up from more experienced prisoners how to file such a
-motion. Bob's intention was to change counsel before the critical Motion to Suppress
Hearing which would determine whether or not the statement given by Bob to Sat. Felton
would be admissible evidence in a trial. Judge Cowart delayed ruling on Bob's motion
and held the motion to Suppress Hearing on September 20, 1973 as scheduled. Bob
wanted the hearing to show that his constitutional right to counsel had been trampled on
by the police and to put the statement's content under the microscope to show that it was
a sham. Bob's intended strategy included:

1) Using the five alibi witnesses to demonstrate that Bob could not possibly have par-
ticipated in Schmidt's murder.

5) Using Thomas Murphy to show the person whom he requested as his attorney had
been aT him only moments prior to the arrest. (Murphy would also be an alibi
witness ).

6) Using Gilbert Jackson, provided he could confirm that Bob had requested an attor-
ney at the arrest scene.

1) Question all Howard Johnson employees.

2) Question John Luchek to determine if he had any knowledge of or involvement in the
crime.

3) Obtain a list of all missing items taken from the victim.

4) Carefully check all physical evidence including prints, footprints, tire iron, a mis-
sing shoe, comparing tape owned by Bob to that used in crime.

5) Fully investigate Frank Barden.

6) Attempt to locate Charles Gazzel to see why he fled on date of crime.
7) Investigate for two possible set-ups.

8) Contact William Jenner regarding his pistol.

9) Check validity of New Hampshire warrant.

-10) Interview jail prisoners Sheley and Meisenholder since what McLaughlin had told them’

included saying Bob was not involved in the crime.

To the best of our knowledge neither Windsor nor Dean attempted to investigate any of
these areas. Finally, no one ever bothered to check out Bob's alibi!!!

1) The victim's identity.
2) Time and place crime(s) occurred.
3) That Bob had signed for and possessed the victim's Mastercharge card at arrest.

4) That at arrest Bob's car contained a shotgun and shells, roll of white adhesive tape,
one pair handball gloves, and a pistol belonging to William Jenner, discovered in the
glove compartment.

5) That proceeds from the robbery were found in the motel room which Bob shared.
6) That Bob had the victim's watch on his wrist when arrested.
7) That Bob's car possessed a tire iron located in the trunk.
8) That the cause of death was gunshot wounds to the head.

Medical Examiner, whose testimony would have been directly in conflict with McLaughlin's
in two key areas:

a) whether or not there was a bludgeoning and

b) as to the number of shots, two or four.

Collette Rush, the last employee to see Donald Schmidt alive, gave brief testimony.
She acknowledged working at Howard Johnson as a waitress on April 8, 1973. The unit
closed at 10:30 p.m. and she left at 11:30 p.m. She said she was the last employee to
depart, other than Donald Schmidt, who was alone in the office; that.Schmidt told her to
go out the back door since it was open and she left that way. Rush noted also that Mr.
Schmidt "looked like he was worried about something." She acknowledged also that April
8th was the only night the back door had been left unlocked.

Frank Barden's testimony included much of what had been recorded in Officer Wil-
lock's report. There was a major exception and Dean never confronted Bardon with it.
The call to the police was made at 12:49 a.m. To Willock, Barden claimed that he re-
turned to Howard Johnson's around 12:30 a.m. At the trial, Barden altered his story by
saying he returned to Howard Johnson's at midnight and the call was made immediately.
Barden may have altered his story to coincide with his alibi, since Carol Thomas revealed
that she had been with Barden at the Holiday inn lounge from 9:00 p.m. until 12:10 a.m.
Dean should have made Barden account for his whereabouts from 12:10 a.m. until 12:49
a.m. -- a 39 minute gap -- but he did not. Dean did, however, attempt: to inform the
jury that Barden had fled Miami on June 4, 1973 (coincidentally the same date on which
Barden had been scheduled to appear as a witness for Bob's arraignment), in possession
of six day's cash receipts taken from the Homestead Howard Johnson's. When the State
objected to questions covering Barden's fleeing, Judge Cowart ruled the witness did not
need to answer these questions. (Note: after Barden stole the money he fled to Las
Vegas where he was apprehended by the FBI and returned to Miami. Prior to Bob's trial,
Barden had received probation with adjudication withheld provided that he made restitu-
tion. We strongly feel that the jury deserved to explore why Barden stole six day's
receipts and fled on June 4th.)

The Case of

Robert A. Sullivan

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until after Bob's case had moved on to the lith Circuit which
is why he has not yet testified.

Listed below by name will be the recollections of the
three alibi witnesses tracing the movements of Bob Sullivan

on the evening of April. 8 - 9, 1973, A Chart
Comparing Sullivan's movements, statements by the
1. Michael Carmack alibi witnesses and events at Homestead Howard
Mike recalls the evening in question due to the Johnson's
birthday celebration for both Harlow and Tighe, as Sunday Monday
well as the show featuring Michael St, Laurent. 5 .
‘Carmack recalls Bob by his nickname "Sully". Carmack PTB. 1973 Bi POU sat 973 >
recalls Sully trying to talk to him soon after he Mid k
arrived, but it was too noisy. Soon after the show 9 | 930; 10 1030} 11 130} 1145 night]!215) 1230 1245 1 4130] 2 | 23013 4330
started, Mike sent Sully a note via the waiter,
Suggesting that they talk during the show while he SULLIVAN'S
wasn't busy. Mike recalls that he spoke to Sully MOVEMENTS
during the show for about half an hour, Stop Keiths = =
( for beer
2. Peter Tighe Eating
"I'm positive he was there that night around 11:30 PM." at Lums
"Mr. Sullivan went over to the show bar and he sat. Arrive 1130
Mr. Sullivan stayed there during the show. The show Keiths bar *
ended about 2:00 AM in the morning. Mr. Sullivan
did come over at the side of this bar on the side Depart
where Michael Carmack was working," Keiths bar
"I recollect that he was there at closing time." - ; : rhe
ALIBI WITNESSES Asterisks indicate time witness saw Sullivan at Keith's Bar
3. William Harlow ae idaan 1130
"I arrived at Keiths with my friends around 11:20 Pu low Z * * tS x a =
"April 8, 1973, was my 18th birthday."
"Bob was not there when I arrived." Peter pees N30) * a
"I saw Bob arrive between 11:30 ~ 12:00," Tighe
When asked what other times Harlow saw Bob Sullivan Michael 1130 * *
that night, his answers were: Carmack
"During the show at the bar talking to Michael." Robert
"I saw him numerous times during the show but not always Porter
with Michael, also sitting down." ine
"Saw Bob after the show between 2 —~ 2:30 at the front Bie iorc
4 oe a
bar talking to Peter and ifichael. Taotas
Murphy
On the accompanying chart, we have tried to accurately : ee ie ae
pinpoint the key times as a visual aid for comparison purposes. SHOW TIME AT KEITH'S © Featuring Michael St. Laurent
At no time between 11:30 PM and 2:00 AM spanning the evening 1230
of April 8 - 9, 1973, was Bob Sullivan not accounted for at Start *
Keith's lounge by at least one and usually two persons for a Ta 2
period that would have been long enough to participate in the Finish *
crime. All three alibi witnesses have echoed Bob's own version
of his movements quite consistentl including time of arrival ! ’
(11:30 PM) and movements during the show. Harlow saw Bob, eso ee ens
for example, talking to Mike while the show was in progress. Closing ay
We now possess a triple alibi. It is our hope that Porter Lambert Vas
and/or Connors can expand upon it. Murphy's cooperation must leave T130
reluctantly be viewed as a long shot, even though both Harlow Rush ¥
and Tighe have placed Bob and Murphy together on the night in leave 1230
question. We sincerely hope that you may now be MORE convinced Barden V2 a 3
yourself than ever before through these three alibi witnesses —Lreturn 1210
that Bob is innocent. We apologize for the length of this Thomas with 930¢ =<
newsletter; however, longwindedness is a necessary evil in order Barden 1249
to clearly communicate our message to you. And we desperately Police *
need your support again if we are to be able to fund additional dispatched 1285
investigation which we hope will improve our position even more. Robbery had to V131¢ *
With TIME running out for Bob's appeals, we need your support occur between
NOW. RASLDF thanks you for your consideration of the raffle McLaughlin versipn | V131¢ r2
message which accompanies this newsletter. Of crime ongoing
9 | 930 |10 |1030) 11 1130 11145 ee 1219 12341245] 111301 2 | 230) 3° | 330

Thank you,

Ralph Jacobs, Director
RASLDF

RASLDF
1983 RAFFLE INFORMATION

RASLDF is launching its major fund-raising effort for 1983--its fourth annual raffle.
It will be our best raffle ever! In the past, the drawing preceeded Labor Day weekend.
However, with Bob's precarious appeal status, which is thoroughly discussed inthis RASLDF
Newsletter, it was decided to move the drawing up to June. These two extra months will
allow us to apply the funds raised from the raffle to investigation throughout the summer.
This will enable us to ready to deal with the worst possible scenario, should it occur
in October or any time thereafter. With Bob's very life at state, hanging in the balance,
we cannot affordto be unprepared.

For reference: The dates to remember for the 1983 RASLDF raffle are:
1- Drawing date: Thursday, June 30th
2- Raffle table in Belmont Center:

Friday, June 24th 6 to 9 p.m.
and
Saturday, June 25th 11 to 3 p.m.

Stated simply, we need more money, and lots of it. We have to keep coming back asking
for YOUR help just as long as Bob is wrongfully imprisoned. PLEASE contribute as often and
as much as you can afford, Every dollar counts! We are grateful for every contribution,
whether large or small. We appreciate and acknowledge those of you who contribute to RASLDF
on a monthly or regular basis. How about you? Will you make a pledge to contribute on
a regular basis?

With your help, Bob's case has come a long way since 1979. Major advances have been
made toward exoneration, We believe that anyone who look at all the facts should now be
able to see that far. more than "a reasonable doubt" exists now that Bob Sullivan is innocent.
Our goal will be to prove Bob's innocence beyond all doubt, We hope the alibi will help us
to achieve that goal,

Fon those who may have forgotten, the State of Florida provides NO Legal assistance of
ANY kind to indigents after the first appeal step has been exhausted. Therefore, RASLDF
must pay. for all expenses, including investigation. The ONLY way to find exculpatory
evidence and/or witnesses is by costly investigation. We appeal to you to help us again
to raise the money to pay the bills, before it is TOO LATE!

Thank you for your consideration of this plea.
Respectfully,

Ralph L. Jacobs

Director, RASLDF

53 Leicester Road

Belmont MA’ 02178

(617) 479 6441 (Home phone: nights)

The William Paterson College of New Jersey. Wayne, New Jersey 07470 « (201) 595-2119

UPC

Department of Administrative, Adult and Secondary Programs

June 8th 1982

Dear Reader,

I've followed Bob Sullivan's case for some time and was very clear
from the beginning that he was convicted of a.crime he did not commit.

This time, however, I volunteered my services as editor and paste-
up man, which means I've spent many hours working over the central docu-
ment which is now in your hands. That document is long and complex; it
is possible for you to experience fatigue, annoyance, even unbelief as
you are reading it. But I urge you: READ EVERY WORD. This complex and
tortuous case does take some time to sort out. But once you do have all
the facts clear, it'll be obvious that a gross miscarriage of justice
happened when Bob was convicted of this murder. Further, there is good
cause to believe that he was set up by others to cover some of their own
i11 deeds. So, again, READ IT TO THE END! You will not be the same after
you have read it, I promise you!

I commend your decision in this matter to the Lord of Creation.

Ralph H. Walker EdD
Associate Professor

New Jersey Is An Equal Opportunity Employer

| INTRODUCTION

1, Robert A. Sullivan, would like to take this opportunity to personally ask that you
please read this entire booklet, which has been prepared by the members of RASLDF, the
Robert Austin Sullivan Legal Defense Fund. Our hope is to thoroughly acquaint you with
the chain of events which occurred to me, because in reality, it could happen to anyone,
including YOU!

During the years since my conviction seven persons who had been convicted and
sentenced to die in the U.S. have subsequently been proven innocent and all seven have
been released. This demonstrates that our Criminal Justice System is fallible. What if
any among these seven persons had been executed before proving their innocence? This
fact makes a powerful argument for opposing capital punishment. There is a very real
danger that an innocent person could be wrongly executed. John J. Buckley, retired:
Sheriff of Middlesex County (Massachusetts) and current president of LEAD, Law Enforce-
ment Against the Death Penalty, is quoted in the February 15, 1981 issue of the Houston
Chronical, as follows: “We know there is an error rate which none deny, and it may be
as high as twelve per cent, for the criminal justice system is far from perfect. There is
no way that such a wrong as the sacrifice of life itself against an innocent person can be
righted." Based upon a 12% error rate, among the thousand persons currently condemned
to die in American prisons, how many innocent persons are now on death row?

At age twenty-five in early 1973, ! was a carefree bachelor. Ending up on death

row had never crossed my mind. | had held responsible positions in the career field of
Hotel and Restaurant Management. | had grown up in New England, mostly in Belmont,
Massachusetts, a suburb of Boston. 1! had been adopted as an infant. My parents sep-

| really enjoyed my years of college at the University of Miami. While there, |!
gained much personal satisfaction from participation in the Intramural Athletic Program,
having received several awards for achievement and leadership. |! regret leaving college
without earning my degree. | accepted a job offer in June, 1970, from the Restaurant
division of the Howard Johnson Company. | quickly advanced from a manager trainee to
assistant manager, and to manager of my own unit, within ten months. In January, 1972,
| was promoted again to manage the Homestead restaurant, the third highest volume unit
in the Miami area.

When my father suffered a stroke in June, 1972, | elected to return north to live
with him in Nashua, New Hampshire and in September, 1972, | accepted a position in
management at the Sheraton Wayfarer Hotel in Bedford, New Hampshire. 1! welcomed this
opportunity to diversify my skills and experience. When my dad's health had improved,*
| accepted a job offer to become Assistant Director of the Rathskeller operated by the
University of Miami. | was scheduled to commence work on April 23, 1973. 1! had been
friends with Joe Pineda, the Rathskeller's Director, since 1967. Confidentially, he had
alerted me to the fact that he intended to switch jobs at the college in June of 1973 in
order to avoid the increased sales volume expected for the Rathskeller with the change in
drinking age from twenty-one to eighteen which would take place July 1st of that year.
Pineda promised to recommend me as his successor. |! welcomed the challenge. | had
grown tremendously excited at the prospect of returning to the campus setting where |
had lived the best years of my life. However, | never made it to the first day of employ-
ment.

Instead, | was set up for a murder committed by others. Assisting the conspira-

tors, the police really did a number on me as well. To this day, | cannot be absolutely
certain who committed the crime or why. Several combinations of possibilities emerged
from investigation. ! do know with certainty that | did not rob the Homestead Howard

On April 17, 1973, | was arrested for the murder of Donald Schmidt. Since then, |
have endured a living nightmare. As you read the case history, it should enable you to
decide for yourself, using all the known facts. | am confident you will conclude that

*My father died February 1, 1979 while | was imprisoned in the State of Florida.

r gan SIM gears / PL
8 SRP tech nee ®

If I am executed, I ask that you NOT remember me for that but. instead
please remember me for what I tried to stand for and practiced in life such as
my caring for others, even on death row, helping persons like George Vasil,
Monroe Holmes, and James Hill, persons incapable of helping themselves. In my
memory, I ask at this time that some of you take up James Hill's cause in
particular. At the minimum, he does not deserve to be executed, and in my
opinion, there is a strong chance that others set him up.

If I am executed tomorrow, I also ask that it motivate you to fight on
harder than before to defeat capital punishment. Under no circumstance does
this dehumanizing institution belong in a civilized society. And on that note
I shall say my goodbye by echoing a line spoken by Banquo in "Macbeth", wher
he states: “Fears and scruples [may] shake us. [But] in the great hand of
God I stand...."

My love to each of you. Goodbye.

- BOB'S LAST STATEMENT

62nd Psalm

In God alone is my soul at rest for my hope comes from hin,

He alone is my rock, my stronghold, my fortress.

I stand firm.

How long will you attack one (1) man to break him down?

As though he were a tattering wall, or a tumbling fence?

Their plan is only to destroy. They take pleasure in lies. With
their mouths they utter blessings, but in their hearts they curse.
In God alone, be at rest my soul for my hope comes from hin.

He alone is my rock, my stronghold, my fortress,

I stand firn.

In God is my safety and glory -- the rock of my strength.

Take refuge in God all you people. Trust him at all times.

Pour out your hearts before him for God is our refuge. Common
folks are only a breath. Great men an illusion. Placed in the
scales, they rise. They weigh less than a breath.

Do not put your trust in oppression, nor vain hopes on plunder.
Do not set your heart on riches, even when they increase.

For God has said only one thing, only two do I know.

That to God alone belongs power and to you Lord -- love.

And that you repay each man according to his deeds.

To some my end may seem that it is a defeat, however, in reality
it is a great victory but only to those who can SEE, I hold malice to
none. May God bless us all.

Robert Austin Sullivan
November 30, 1983
6:30 AM

Starke, Florida

Backtracking the wanton shotgun slaughter
of a restaurant manager led detectives
to a young man who had, allegedly

on November 30, 1983,

WANTE

<-, MIAMI, FLA.,, MAY 25, 1973
) @ Sportsmen don’t have to travel far
. in search of something to shoot, if they
live in South Florida. They can find it
on their doorsteps, so to speak, in the ;
vast Everglades which open up their
broad, flat expanses just a few miles

west of Miami.

Hunters fan out in the sawgrass
fields off the Tamiami Trail, the main
highway across the Glades, to seek
species of game and birds that are in
season and not protected from killing
by law. It is a wild and desolate area,
laced with canals and dotted by clumps

of cypress and palmetto where the
creatures of the swamp nest and hide.

More than once, in recent years, :
those same fastnesses of the Everglades by VERNON BILL
have been used by man for darker pur- | by is
Posesto dispose of the evidence of - FRONT PAGE DETECTIVE, September, 1933, ~p lh %

SULLIVAN, Robert Austin, white, 7

an urge tO kill for thrills 36, electrocuted Florida (Dade

Mise
adhe ee

Police say Sullivan (}) shot successor in job. a -

idiiimaiveneseconani

fs
jrba goes see tev

continue to speak *out for me, particularly®’on the issue‘ -of ! capital
punishment. Please do not give up because of me.°° In fact, I ask that it
cause each of you to dedicate yourselves even more to fight back against this
monster by addressing the wrongfulness : of capital punishment and its

dehumanizing effect on everyone involved. Please carry on the fight in my
memory. Do not give up. ' i ‘

The State is going to start to get some executions as more and more cases
exhaust their first habeas - round of appeals. Each of you must prepare
yourselves mentally for that inevitability. You must become tougher from the
inside out even though the losses mean executions. We all can only do our
best. I think we all can look into a mirror and with a clear conscience say
that we have done our best. The majority of the cases are won. A batting
average below 1.000 means loss of life and friends being exeucted, but over
70% of the cases are won in federal court. If you were not there, most of
these people would be executed too. Your work has made a substantial
difference. Fight on dear friends. The cause is just. Without your efforts,
there would be no’ hope for many others. Losses will be hard, but no matter

how deep the pain, you must never permit it to deter your efforts. Do not let
the state wear you down.

There are few positive aspects of knowing when you will die.” One of
these will be to permit me to put my spiritual life in proper shape. I will
do this. Afterward, my requests are simple. I choose not to Say goodbye in
the context one traditionally may think. Instead, I merely Say thank you from
the bottom of my heart to each of you for your friendship, as it has enriched
my life greatly. Over these many years, I have never walked alone. You were
with me. Tomorrow, I will not be alone either, if Iam executed. "Yea,
though I walk through the valley of the shadow of death, I shall fear no evil,

for thou art with me." I will not be alone! Thank you so much for enriching
my life.

I would, in closing, simply like to share with you portions of a letter
to me from Father Daniel Berrigan, dated November 8, 1983. I-think it puts

this entire situation into a clearer perspective for: us all. I know it did
for me. I quote: ,

This morning I received the news we had been hoping against hope
would never arrive. Governor Graham has signed your death warrant
and set November 29 as the date of your execution.

Since the phone rang, I have prayed that your faith and hope, which
have endured almost ten years on death row, may not fail and my own
as well. For I feel that in more ways than I can easily trace, your
death is my own; that our friendship, our Tong loneliness, our
ingenuity and imagination, all that straining of mind to save your

life --- all these have forged a bond Stronger and deeper than the
vengeance of the state; at its worst. ;

If you can no longer take hope in this world, and if only the
feeblest of life lines can be thrown to you, I still pray that you
take courage. Christ has shown Christians not only how to live, but
how to die. If enemies are determined to. take ‘vengeance - even
against the innocent, we can still forgive enemies. They need not
be to us what we are to them. I forgive your enemies, who also °
declare themselves by this crime my enemies as well. ‘

Our Lord was mindful of the insuperable blindness of those who would
make even of the son of God, an object of capital punishment on the
cross. They know not what they do. If the powers knew not what
they did in executing the son of God, a like blindness afflicts

those who, in a slavish chain of irresponsibiltiy, have resolved. to
dispose. of your life. Yt 4: : 426%

But to say they are ignorant of the crime of sanctioned murder, is:
by no means to condone the murder. Christ was not simplifying
matters in such wise that, while he ‘died, the crime was to go
unnoted, his life. be cheaply swept away. Forgiveness -is ‘not: :
Sanction, and moral blindness has its attached penalty.

Sti]]. as nur tard bnew thaen a> téAwo

Beloved
- 3 's hands, whose beloved Son he is, even as you are.
oe Gad your life so precious it can be measured only in the measure

of his holy blood. i '

i hance of
ower now, if you must die, lies the supreme chant
sucdavetas the vengeance of the State. You can undergo death in the
image of Christ.

h, other images must be
for those who have part in your death,

saenonel All who wash their hands of you, betray you, mock your
agony, move on you in spasm of Sree ee nied erred ned

for. death these long years --- all those who
wey de" - their self-inflicted cures is SS dam aktae
in the image of Pilate, vainly cleansing the

to” his soul. : In the image of Barabbas, in the image of gine!
mocker of life, in the image of Judas who loved money above his
Lord, in the image of the Sanhedrin who lusted after law and order
and religion as business-as-usual.

In this Passion Play of Starke Death tend Bi you Me pte aes eee
i i f taking e par ;
is given the supreme honor of t Lee Pe ko death Ma eRaT
ondemned One. Imagine it. Believe it. —
Luba You alone, forgiving as you do, knowing as you do that hey .
know not what they do", - you alone I dare Say, know exactly,
painfully, even hopefully, what you do.

’

i the blindest of the
are blind; as Dorothy Day would Say» |
pride More: it is suggested by the Lord 2 me — Se ecuet
their own blindness. With the cruel instrumen .
So paide of place, the spirit of vengeance, they have plucked out
their own eyes.

ifted with the moral
t to you, it is granted to see, to be gi t ‘
aay that makes of your death what Christ would have it be - a
gift, even a victory.

These are brave words; you know I do not set them down eee
lightly. I write you in words I long to have directe had
Indeed it would be closer to the truth to admit rane a8 abe
to you, I address my own soul. I do not feel brave. a < ;* gr
fear and trembling. A hope opens in my being when I think of you.

I long to be at your side. It is only the truth that you are loved
by God, deeply and at great cost, that heartens me.

i \ i believe that God is not
Many die. You may \indeed die. But we
socked : The God of ‘life is not put to naught by ~- ores
earth. A handwriting appears on the wall; though our leaders
illiterate, you are not.

iti i ite simple and final. A
The writing on the wall says something qui
hand has eriteeh on the walls of the rib Pie opal tt tery Ans

i i ring.
they think) against death, hunger, suffe ap ngs Hage
i their grandeur. The writing says, the gre
a da The hoclear weapons, the hideous per arbor ey ries
‘ dation of ski

ead stolen from the poor, the degra
ethicty, - all these taken together spell out a fearsome rears:
- a death warrant against those who sign death warrants, in
world, and in Starke Prison.

Take courage dear brother, we stand with you and pray with you.
i death. In our Lord's
he world, worse things can befall one than
on, it is worse to gain the whole world, and suffer the loss of
one's soul, one's conscience, compassion, love of otners.
None of these you have lost. Therefore you shall live.

Daniel

Well dear friends, I ask that you too, as I have, reflect u

pon Father

impact of my execution upon my friends and loved ones. No matter what happens,
to me, I realize life will go on for all of you. Please do not let ->)..

execution devastate you emotionally. Collectively, we have tried our best to
climb that mountain seeking Justice. Unfortunately, my best legai
representation came too late in the contest to make a difference. Vince
Lombardi once described playing football as not how one plays the game, but
only whether one wins or loses.» Obviously in capital cases winning or losing
is in the final analysis vitally important, because if one loses, he is
dead. It's as simple as that! Despite that consequence, it is also important
how you play the game. Despite all the propaganda and political rhetoric from
the Graham-Smith quinella, we have played the game fairly. The state has
not! In order to carry out my execution, the following travesties havi.
occurred, among many:

2. Officers Felton and Lawrence deliberately and
calculatedly manufactured inculpatory evidence such as
creating the false impression that the Waltham watch I wore at
arrest had belonged to the victim. On April 9, 1973, the
widow informed Officer Tauriello of the Homestead Police
Department that her husband's watch brand was a TIMEX. In
June, 1983, the widow's brother spoke to\ my private
investigator, Virginia Snyder, and corroborated that the watch
brand worn by the victim was in fact a Timex!

3. It is my belief the police deliberately covered up
exculpatory evidence which supported my: innocence. I strongly
believe the police know more about the two prints of
comparison value that were on the tape which had bound the
victim's wrists than they've told us. The police claimed that
the prints on the tape were not matched to anyone.

4. The trial judge appointed counsel to defend me at my

- trial, because I was indigent. Mr. Denis: Dean's inept, .«* ©
+. ineffective defense has directly caused me to be where I ama.
now. Mr. Dean never attempted to develop a proper defense. »

; Apparently, Dean totally accepted the police version of the »
facts. For example, Dean never tried to interview up to five
prospective alibi witnesses, a fact that I term
incomprehensible in a capital case. Then in 1980, when
testifying about his defense, Dean lied in federal court that -
he had made a faithful effort to develop an alibi defense. My
successor habeas petition has presented sworn affidavits which .«)
show that Dean lied. We have further learned more recently
why Dean was more willing to accept the police version of the
facts than to challenge the police. The reason is simple.
Dean has been since 1970 the General Counsel for the Dade
County Police Benevolent Association. In legal terms, that's
what is called an actual conflict of interest.

5. The prosecution is guilty as well. Reid McLaughlin
was the state's star witness at my trial. Prior to the trial
McLaughlin was administerd a polygraph test, the results of
which reflect that he failed no less than 4 of 7 relevant
questions on the test. At best, those results are
inconclusive... Nevertheless, the prosecution still used that
witness’ testimony and deliberately used deception to create a
false impression before the jury that McLaughlin had taken and |
completely passed the test. This was not only a false
impression, but it undermined my credibility as well when I
testified.

6. In the sentencing phase of my trial, Denis Dean's
presentation of witnesses and his brief closing argument were
grossly ineffective, and were the single greatest reason why I
was sentenced to die.

7. In clemency, Governor Graham definitely knew about
all the exculpatory material in my case. Literally hundreds
of responsible citizens attempted to interview Governor Graham
in my behalf including Governor Dukakis of Massachusetts and
the Catholic Bishops of Florida and Massachusetts. Moreover,
the Florida Bishops took special interest in my situation
including revealing to Governor Graham in confidence
information that was\ heard by a Massachusetts priest in the
confessional regarding my innocence! Graham chose to ignore
it.

These 7 reasons to a large part are why I am on death row now, and for
which I could be executed! It would almost be too easy to become bitter.
However, I have tried my best to avoid that trap. My driving obsession which
surrounds working on all aspects of my case has served me well to avoid
bitterness. Nor do I reach the depths of self-pity very often even though I
continually ask myself, why me? I concluded long ago that bitterness and
self-pity would be self-defeating, and that could detract from my objective.

As I have said repeatedly, my friends have been extremely helpful to give
me the strength to fight harder. I thank you. We have fought the good ue
together. No matter what happens, now or later, we all can and in fact MUS
hold our heads up high with dignity. We have nothing to be ashamed of in
contrast to the opposition's dirty tactics and perjury. There will be a Final
Judgment Day, and at that time I know quite a few people on the State's side
from Governor Graham on down who'll have some serious explaining to do.

ee ee

& Section 1

if bunt , Thuesday, Vee. 1, i9x?

‘Chicago Tnbune, Thursday December 1 1363 bal

Nation/wortd

Execution ends killer’s

wen--- So
STARKE, Fla. [AP}—Convicted
murderer Robert Sullivan was exe
cuted Wednesday in Florda’s elec-
tric chair, ending a lOyear fight
against death that won the attention
of Pope John Paul II.

Florida thus became the first state
to execute two people since the Su-
preme Court reinstated the death
penalty seven years ago. Sullivan
entered the death chamber at 9:59
am., and the first surge of 2.009
volts of electricity began at 10°11
The current was shut uff 2 minutes
hater.

Sullivan was pronounced dead at
10:16 &.m. by Dr. Cahn Nugtun.

Despite the pontifi’s plea for
mercy and last minute legal myneu
vering, Sullivan was executed for the
April 9, 1973, shotgun slaying of Don
ald Schmidt, an assistant manager
at a Howard Johnson's restaurant in
Homestead, south of Mianu

THE VICTIM'S watch and credit
card were found on Sullivan when
he was arrested, but the 36-year-old
inmate contended he was in a
homosexual bar at the time of the
ect
Sullivan fought his case up to the
United States Supreme Court. The
lth U.S. Circuit Court of Appeals in
Atlanta received a request for a stay
in a phone call at 950 am, and
announced its denial 20 minutes
later. The Florida Supreme Court
earlier denied a request for a stay.
Sullivan's final appeal to the US.
ay hy bd Court failed Tuesday night

ullivan had been on Death Row
for a decade, longer than any other
inmate currently under a sentence of

|
nee

10-year battle for life

execution

Witnesses had a clear view
death chamber through a .arge ALD
dow Sullivan's eves wet watery
when he entered. with his head and
lower right leg shaved and his parts
leg rolled up

HE SAT DOWN, was handed a
microphone at 10.01 and read pas-
sages of the did Psaim anitten un
legal “And God alone wb my
soul at rest, beeduse my fupe cumes
from w:thin |

He aiso had a final statement: “Te
all my peers on Death Row, cespie
‘Nat is about lo happen tu me. co

Ak oer
io

ad
pia

: t rt
Not gut He thanked Pose John
Paul for “his personal inter ention
asking that my lve Ge sparee

times dumng te
of the poalm ne Segan to weep. out
his final statement he spuke
with a clear voice

His face was covered bs asblacK
hood before the switch was puled
He twitched, and then was stil

THERE WERE NEARLY 40 peo
ple in the witness room and seven
ae im the death chamoder, in
cluding doctors and the executioner

Sullivan did not look to either sice
as he walked in. As he sat Gown he
looked at a Roman Catholic priest
sitting in the second row, Rev. \in-
cent Daily, and smiled at him, say
ing, “Thank you, sir, for every

ning "

sullivan, the adopted son of a Har-
vard-educated surgeon, ate hus last
mea! of a 2- steak, french fres.

Several reading

milk and fresh strawbermes at 6 B®)
a.m., prison spokesman Vernon
Bradford said.

‘Justice has been served’
Rose Scnmidt hucs ber oh shuF neg om, oe ee Foe } me 4

Metadata

Containers:: Box 11 (2-Documentation of Executions), Folder 2
Resource Type:: Document
Description:: Robert Sullivan executed on 1983-11-30 in Florida (FL)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 28, 2019

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