Wrong Man, Cries
‘Suspected. Killer. -
~ Continued ? trom Page i 2 he wasnt the roan. cy were
lookitig £6r." 37°"
ocr which opens oft the cbr “Lewis aid Macklewlez made
MIAMI HERALD "Staab Yet the man ‘see him: se eee seer 2
Friday and kept his attention while 1 him, I radioed for assistance
7 entered aridther fire door at) gna’ we took -him’ in ‘He was
November 1 , 1 95 tha otha end of the wing. The stihl saying he WAs innocent.” :
2A ran left: the door and came poe ‘7 :
walking toward me and I held Staab leaves a wife and
out my bedge so he Could see! four children, Birs, Stash fs.
I was an officer,” Stahmer“said. ¢xpecting anather child in.
February. Onty. last Tuesday
Parken’ agid ‘Btaab’s death | staan bowed to the sugges-
could, be, “attributed indirect- | tions of Chiet Parken, ‘and
ay to’ ‘Btahmers- respect for | signed for # 816,000 Insurance
See ee Polldy, "eS,
. he Mes Baan. who' was: sort
gid ith the home-Als 708: SW Pith
“a wopevelver’ Ct. in Haljandgle, also’ will ree
oh” a ‘dontinued,| celye “irtwurance fom the A
}and forced Ine into & stairwell. | the Florida, Peace, OfticerriAa,
We grappled ‘there ‘nd fell | sociation, mnd a}ie and the chil-.
‘back to .the corridor, as} digert Will Seare in s truat fund
his gun-wlnt. off. Lt. Staah‘aip— Whic ng .sdtiup by +t
ems sar Surtsiie- Ray. Harbor Iu nior|
es Chamber of Commerte, *p..
; F sahueer sald the would: Parkes sald ett tea and
4
ot.to his feet first “and | Mer’ 6’ beet
gun at Py. | Aine iafetlee platncothes:
eens WE aa" og om eee ot arts
ths bakea - taenbd on : .
fe x ts r ft 4 2 Me" M
‘ evening. 7% tee Ne pearl the
Hoare” Wek Fins
hve tion,
ee took: wp. a> \Spedlet:
slection:: for, Staab Widow,
a Party cheat
ete arora
made ou
|puadg out to tne Robert. staap
Anathae : fund’. Hor “Staab's
Bridie a
ve Sg {Red}
snd ety, agencies: devarmente Pret of thé’ Miamf. “Beach |
Senademechet eran Pollee, Fores. Contributions. for:
this fund - should. i bey sent:
ete’ to the Bat:
lied Dept. in’ caret: Pollee
Chief Gerard Parke,” Pa we:
So =) Leonard, 9° clone - ‘friend of
| Stead, - hoaded the. Bea'eh'’
o. search for thé. hemmed : ‘bandit
>| Wentitied aa the : tame man
ae wh ahet Stash Thureday. Sea
Services for Stiah will ba
atl it ata.” Satutay: Sn | ‘Bel
judge, denied the motion to quash the indictment on Nov-
ember 20, 1957.
The newspaper coverage of this case was minimal.
Articles appeared in the Miami Herald and Miami Daily News,
the day after Mackiewicz's arrest, the day before, of,
and after his execution. The newspapers printed Mackiewicz's
last words. Before he died, Mackiewicz read from a pre-
pared statement, "...the fact that my death in this electric
chair accomplishes nothing beyond merely my death. The
fact that a man is executed has not the least deterrent
affect upon those who will follow, and there will be many
as there have been in the past."
On August 7, 1961, Mackiewicz at the age of thirty-
five died. At 8:38 a.m., the switch was thrown and at
8:43 a.m., he was pronounced dead.
SOURCES:
Dade County Criminal case #1869
Miami Herald, November 1,2, 1957, August 8, 1961
Miami Daily News, November 1, 1957, August 6,7, 1961
Staab’s chief, Gerald Parkes,
Said, “they “were making a cur-|
S0Ory inspecthien of the Balmor- :
al when the incident began.” *
“Lt. Staab bad been on onr
force for seven years,” Parkes |
sald, “aad I've pever had al
eomplaint o him. Hie was ene
ferce, s@ niece even the cop.
haters liked Aiea.”
Sit sem wells +a co
Stahmet—said__be and the!
; nis story that “they've get
‘the wrong rane.” wis eabtared |
less, than, two hours after thee:
sheeting te a: earn: Tietak
eeavaraht f
—— “He ‘has been’ pre wett
MIAMI HERALD the slaying of Staab,.. whose
Friday arrival on the scene savetlthe|
- {life of bis sergeant, Joe: Stah-
November 1, 1957 jer.
1A ~Macklewier: has -acrecord of
arrésts In New York City, Li4
Vegas, Shreveport, Log Ange-
jes and Buffalo. He has ‘served
time at the New Yerk State
Prison at Elmira, and was re
eased Jast Jan. 21, from a one-
‘year-to-life sentence in Calls
= fornia afjer serving”415. yeare
-
, He's: beer. charged in the’
past with, burglary, petty lar-
/ceny, prewilng, soca degree
“Herglary,-. hotel proving: pte
-a Kidnap-rebter: Wee!
Mackiewler. has. been Adentie:
fled as the slayer, by Stahmer,
end - ‘also identified, as the man
who last Sunday. night robbed.
two Fontainebleau Hotel Evens
and Its house detectives. 5
Mackiewicr “was. arrested “In
Hollywood in: possession of + af
32 caliber revolver from —
four ahots had been fired
p ‘the cer’ "nade. “ paitisilen
Hest to determine If the slage
found in tie Pairseral corr’
‘dor. and< “Staab’s ‘hedy wad |
eet fired from “Markiowter's
“gum. But - ahertiy) netece, ae:
aa 37 antes whe, ae hale
¥ eg a8 revotver. paxt three ‘Teat
b frees | 'Stakemer’s head. turned
MIAMI HERALD
Friday
November 1, 1957
2A
CPM teh 8 coe es ane areunns
FPO Pas ee
aN Cr Pee . Rn ;° .
' rea, Pcie Mette’ A
| ; vee Wan wet ri
Now ‘Are. tae
: Op iit pees Soper ee
‘Her: Life > o
oe hy
| By FAE MANGAN
©’ and DAN BROWN}!
* Berald Statf Writers ei a.
_ A Pregnant ‘niother, ‘nunib-"
ed by the death of her. police.
man husband, still found time
’ Thursday ‘te-worry- about bis
“childrens >: >
’ . Mrs. -Robert Staab, “whose,
husband’ -was'>-hilled. early.
Thursday morning, sat quietly.
in the living room of her mod-
_ est héme at’ 708° Sw Filth
Ch, Hallanaale. a
ic |: Please abies weep. ten. gn
' ef bed. too - ‘long .ahe shld
piers dl whea «a photogra-.
pher: seked het to pose with
Bleaerores ‘Se-yvadald . Rebert,,-one of.
‘ —Sitaab's-childiea-by “previous
EST arrears:
eee
vital con-
the Ger-
the cen-
gateway to
th. The
Fesortar’
Gut strong
“Teammittes openet debate on legis-
ri HINQTON, == Saying
that, American merchant vessels
“are being sunk by the brutal and
murderous doctrine of unrestrict-
ed submarine warfare.” Senator
Connally (D-Tex) told the senate
today that “ass proud nation, the
| Uryited Gtates-wremt chim: its righte:
to the'seas.*> =” et) aa
chairman of the foreign relations
few Meptia American’ mer-
eS THE FRU tS” Cay
¢.
aris and-t0° nai” teary port: tr
the world. Ship arming now {s
belligerent ports or combat areas.
were ae
)The senate foreign relations
| A statement by Secretary Hull
that “we won't be in any war un-
ti Hitler. decrees that we shall”
pORUGALLY -MOKOas, -
forbidden by. the 1939 neutrality |
hospital storehouse,
Nerrow Becope
CHARLOTTE, N C—The nian in
the automobile slammed on his
ee Ae en en en eres
There before them, stalking ma-
bhe...atreet,...Bas ;
Dit parrot.
EE te aT ate ae aa Ry
ee eer
These Hardy Kansang
smoldering two Weeks In a state”.
3
z
HE
:
|
f
ti
j
De aR al ab lg i EE
SS
zi
SS
*
5
WICHITA, Kas—John Hancock
Crossing the street he was hit
}opposite direction. This one toss-
ed him to another. In all, four
cars had a crack at him. His
~+----He. told me about conynys. very.}.-....-
quietiy, ‘You know as weil as Ij»
~
do that convoys mean war.’ 5o
-E-noked-him-ahout-the-iegai-preee=-
dents of the situation. He said,
peony thrat~batt Admins? Haron
R Stark and others gave in cJos-
It “Approved ‘Saturday. 13
to 16, wis ata z ;
aieif eatin PE he
‘| The: legislation as passed by the |
‘]Douse ‘would repeat ‘the: neutrality
. a wees i " r -
‘ Oh #:
‘ven 2.
IN’
a
i mL
: 4
os Me a
ae
i as “1, : a |
te t =
+ eon ora oe
OZ Mal ia ea
¥
healthiest girl in thé state by the
4-H club last August—but she’s
-gick- now-in-a- hospital:
plenty of time to compete, in ‘th
perenne Siete aa :
con-
BS rn Se Beg
Dorothy Has influenza, but phy-}’ ”
Tel of SmUEE UN
Ce
se
.| today after 18 years. residence in
élettng-neresiteet eae tries tre tet)
Engen“ ent “hel ping young’
| Frenchmen.» flee.:the--eountry-.-te
rt
Hamburg shortly before midnight.
killing at least nine persons and
injuring several score; ©
Bome six he nae
8 ed a
‘in north n-central Arka nsas, killing
‘five persons end injuring at least
eH EIS
“ 2 ¢ ot
“ JAuthorized Germ
atten me in” aig
| JERSEY. LS a Ns tO
women who arrived from Europe
'
faintly
~sat down in the electric
chair at @:08 a m. . woe Pe,
he nor Mardorff. made any public
killing his daughter and his sis-
was. not
ter-in-law but he tried
‘ling concealed throughout France.
ana te ie he
yf
*‘The-women sald
2 RAP Miers, tn untform at Bar-
Young Frenchmen who want to
jotn’ the Pree French forces, the
women” reiated, just disappear
from .their homes and within &
few weeks their families get word
that they are outside France: .~
Armé and ammunition are be-
the women sald, awaiting the day
- | danelt.
about 1.500, were Ideni-
duke of Sedrofd sh
munications and power tines. Doe-
tors immediately set up an emer-
gency ward in a hotel and treat-
ed scores of injured.
Negro quarters at Hamburg
feared. me
A number. of injured were
taken to nearby ticello, Ark.
and given first ald treatment at
hospitals.
Ne. a county séat of
Dardane Seaee
eral homes were
All communication tines wert
the
Sr odicn? units, of the t24th
in caring for fictimns
vt teister struck af Chie
ve wnilet weet
pod through the outekirte: of Dnr-
the . Ar¥enews
greseed
river, an@ Baller? Ond
gad Pritts,
were reported practically demol-
ished and heavy casualties were
‘ant were seit fron Camp ¢
aera near Little Ror, to ae]
ice tang
‘ah et Ger”
of Dardanetie. tip.’
! #gare tages
Etat;
a
Sa hal (NOR. SET A
Se as ar ee 2 etalk
alf com-
vantage of the
that prohibits . the
firearms on Sanday.
Sheriff Grant's
lows: ,
“The state laws of
hibit the diweharge
on Sunday. I believe
jority of . people
county. favor the
thie law and I
“1 wah
ree
om
war will be ended sof--
clusively. by a victorve.
“It was an antique—an Oriental
dagger that she had hung up on the
wall. I took it down, and—” his voice
faded. '
“That's enough for now,” Dr. Per-
row turned to Barker.
“It’s plenty,” the officer said, and
motioned to McNeill.
The latter remained at Mardorff’s
side while Barker returned to the
murder apartment. Calling Officer
John Ryder, he made a search of the
dresser in the bedroom, but could not
find any sum of money to fit Mar-
dorff’s story. He had gone over these
same contents before, but had discov-.
ered nothing of value; but this time,
in addition to Ethel Mardorff’s purse
—which contained a small mirror, a
tube of medicine, a pair of glasses,
keys, and 80 cents in change—he did
discover a small packet of letters
which had been wrapped up in some
silk lingerie. .
Examination disclosed that they
were all written by Mardorff to his
wife, and all were postmarked Nash-
ville. They indicated that the couple
had been estranged and that Mar-
dorff had tried to overcome the dif-
ferences that lay between them and
to ingratiate himself again in his
wife’s good graces.
COMPLETE
DETECTIVE cases
The cabbie was out from under his
wheel and had the rear door open in
almost a single motion. He grabbed
the bewildered hoosier by his blub-
bery neck and had him out of the
cab on his feet in nothing flat, splut-
tering incoherently.
“Shut up, you!’ growled the cab-
bie. “It’s punks like you that give
this State a bad name. Try to take
advantage of our little girls, will you?
Well, let this be a lesson to you, smart
guy:”
The cabbie hit him in the mouth
and the hoosier sat down, hard, in
the middle of the road, trying to
say something between spitting out
mouthfuls of blood and teeth. The
cabbie didn’t even give him a second
look.
He got back in the cab and turned
to me solicitiously. “Sorry, lady, But
some of ‘em are like that. I saw him
giving you a bad time back there.
Where to? And this ‘ll be on me!”
I told him the bus station—but
quickly. I knew that Jacksonville
would be hotter than a depot stove for
me as soon as that hoosier got himself
together and called a cop. I bought
a ticket on the first bus out, which
happened to be going South, Miami-
bound, in twelve minutes.
At that, I wasn’t a minute too soon.
The bus was just pulling out of the
station when’ I saw the hoosier, his
mouth a bit on the swollen side, come
through the main entrance, accom-
panied by a rangy, hard-looking man
with c-o-p written all over him.
HAD a fleeting moment of panic.
Then I realized that if they had
sore- ‘\ waiting for me at the next
y'N8 re wasn’t anything I could
As for the large sum of money
Mardorff had mentioned, it was gone,
or had been a figment of the killer’s
imagination, as possibly was.the “Gal-
let” he had mentioned. Barker re-
turned to the hospital. He was allowed
to question the patient briefly.
Mardorff reiterated his one-sided
charges against his wife, but there
was no remorse for his confessed act.
He did not deny his crime, but seem-
ingly justified it in his own mind.
Barker listened to his ravings. Later,
when he was about to leave, he asked
Dr. Perrow if he thought Mardorff
was sane.
“Of course,’ vigorously answered
the physician.
Captain Barker again visited the
scene of the murder to complete a
few last details. And he wondered at
the inexorable laws of compensation
—or chance or fate—that had trapped
the killer a minute after the commis-
sion of his crime, only a few hundred
yards away from the scene, by the
ordinary device of an auto accident.
As the sorely wounded victim of an
accident, the hospital would have
been a perfect sanctuary, an ideal
hideout. It was about the last place
the police would seek a suspected
killer.
do about it except get off now. Which
would probably be just as risky at
that time of night.
They hadn’t put out a pick-up or-
der, though, and I was myself again
by the time we reached Fort Lauder-
dale. I got off the bus there, and took
a train on in to Miami.
Which was how I happened to wind
up in Miami the next morning with
exactly $128.14 in the kitty, and
without any clothes or any place in
particular to go. The hoosier hadn’t
been as well-heeled as I’d thought.
However, I had to remind myself,
it could have been lots worse. The
State of Florida goes all out to protect
its tourist trade, one of its chief
sources of income. I’d got a break,
that was sure. I should have had
sense enough to capitalize on it.
I debated wiring for my clothes,
decided against it. Too many people
knew me in Jacksonville by my right
name. I could pick up a couple of
summery frocks and an evening gown,
and that would do me until I made
another score.
The Florida season was drawing
to a close, and I knew I had to make
a decent hustle in a hurry. I figured
the race track as my best bet, so the
next afternoon found me on the ter-
race of the Hialeah clubhouse, sipping
a Planter’s Punch and watching the
flamingos in the infield . . . between
glances around me for any unattached
males who looked like they might be
holding a bankroll.
I had just about given up after
the fourth race, when a cool voice
said in my ear, “Do you mind if I
sit at your table? The others seem
pretty well crowded,”
I looked up to see a very tall, very
Except for the one chance in a
thousand which had sent a keen-eyed
detective to take a last statement
from a.dying man—who had—as far
as the police knew—nothing whatever
to do with the cruel murder in the
Mardorff apartment, Mardorff would
have been safe.
AUL MARDOFF did not die. He
recovered to go on trial for the
killing of his wife before Judge Arthur
Gomez on March 29, 1939, in the
Circuit Court.
His defense was temporary insan-
ity, induced by the sordid acts he at-
tributed to his wife. He told a story
that stretched over a period of years
in which he maintained that his wife
had flouted her matrimonial vows and
had consorted with other men—espe-
cially centering her interest on one
named Paul Gallet.
However, Gallet, who-had been lo-
cated in the meantime, told an en-
tirely different story. He categorically
denied that there had been anything
but friendship between himself and
Mrs. Mardorff. He admitted that he
had occasionally taken the victim out
to a movie or for a walk, since ‘he felt
sorry for her.
Mardorff, he related, was a heavy
Continued from page 21
broad man in a light tan gabardine
suit standing over me. His face was
a little on the craggy side, deeply
bronzed in that way that comes of
long hours on the water. He might
have been anywhere from thirty to
fifty. He was smiling at me. He
had a nice smile.
I said, “Why not?” negligently, and
he sat down. He didn’t look like a
a policeman or a Pinkerton dick, but
you never could tell.
He didn’t seem inclined to chat,
but I could feel his eyes come to rest
upon me from time to time, specu-
latively. It was coming up time for
the fifth race, and I made a pretense
of studying the racing form. Actually,
I knew nothing about horse-racing
and cared less.
I asked, “What are you playing
in this one?”
“Pll let you pick it,’ he said.
“Maybe you'll bring me luck.”
I shrugged and gave him the name
of a nine-to-one shot that had a pretty
name. . :
He took out his wallet .. . and I
had difficulty maintaining my self-
control when he withdrew two one-
hundred-dollar bills without even
looking at the denominations. He
rose.
“Twenty of this is riding for you,
if he wins,” he said with a grin, and
moved off in the direction of the bet-
ting windows.
I swallowed rapidly, liking the easy
way he swung his big body through
the milling crowd. It looked like I
might have hit the jackpot after all.
And this guy, whoever. he was,
wouldn’t be so hard to take, either. I
hoped he wouldn’t forget to come
back.
drinker and his wife had frequently
quarreled with him on that score; it
had been, he averred, the cause of
the couple’s estrangement. That was
what Mrs. Mardorff had told him.
But he emphatically denied that there
had been anything more intimate than
friendship between himself and Mrs.
Mardorff—and the jury evidently be-
lieved in his sincerity.
As for the temporary insanity plea,
it seemingly didn’t register with the
jury at all.
After only forty-five minutes of de-
liberation, the jury brought in a ver-
dict of “guilty of murder in the first
degree.”
Mardorff’s tense features were
bloodless and twitched with reaction
as the verdict was read. New trials
were asked, but each plea failed, and
he was finally sent to Raiford Prison
to await execution. All his pleas had
been exhausted, all avenues of escape
closed. On November 27, 1941, in the
early morning, Mardorff «paid in full
for his act of unrestrained passion.
He went to the chair.
Note: The name of Mrs. Roger
Sewell and Paul Gallet as used in this
story are fictitious, to protect innocent
parties involved in a murder inquiry.
TRAFFIC IN FLESH
Something, then—I guess it’s a
kind of sixth sense that those who
live: by their wits develop if they ex-
pect to survive—made me look over
my shoulder. Two men in nonde-
script business suits were standing by
the stairs at the other end of the
terrace, scanning the crowd intently.
And, as I looked, the eyes of one of
them met mine. They started in the
direction of my table—and from the
purposeful way they had moved, |
knew they were heading for my table
I was on my feet and on my way to
the other exit in a hurry. Then I
stopped short in the middle of the
terrace. It was no use. Another
man, just like the first two, was com-
ing my way from this direction, too.
The Jacksonville cops must have
traced me down, and learned that I
played the tracks a lot. They must
have wired my description, because
these boys seemed pretty sure of
themselves. I was trapped.
Then I felt a firm, reassuring pres-
sure at my elbow. ‘Take it easy.
sis! Play it my way!”
It was the husky stranger in the
tan gabardine.
The three cops reached me all at
about the same time. I got a flash
of a very official looking badge, then
one of them said, “Your name Marus?
Diana Marus?”
I gulped, and the stranger cut in,
“T beg your pardon?”
The cop gave him a fishy look.
“Who ’re you?”
“Tf it’s any of your business,” said
the stranger with just the right note
of indignation, “I am this lady’s hus-
band.”
“Uh?” It was the cop’s turn to be
caught short.
31
ADR asked the: wovernor away from his rural home, and (p- Mass) of uthe senate aval
t signations of all it did suk what. sRrancpappy « | committee, shin requested ” the.
Knox,
are! for face ‘and|
hose lacerations.
ey
the incident.
rt
+
¥
ee effigies . of. Tale;
“miles anuthwest of the island oy ee ‘Arias fourneyed. to |
“directly in the : ‘path .of .com-
NICATION 6
“tol way station, the ousted | presiden
tyity stuck his head out of a windo
Pe 1 ay signed |¢d_ to. ‘trail, it, broadcarting the
| core Rliand Today i the | ubmarine’s position... - ight had | followed by 3
einige tentbes week of Oct 27 of Paul H Mar-| - 7 eee me aay his oe ee
Boys ee : death ee has and oe D give out information . but. not under the Panama flag. ©
atten : attack.” : “The deposed president,’ return:
i Le on she Jacksonville. ScCe EN As if “No further assistance. : ing voluntarily, reached the Canal
; a th t while; ¢ame from the patrol plane. | Zone early yesterday but it was
Mardortf death warran However, at '10:30° the plane|not until shortly before midnight,
[was signed soon after the pardon | «rere four depth charges which| that he stepped onto the pler at|
not | Peal 4 had denied his third ap-| ied their mark on the U-boat, | Cristobal to surrender to Rogelio
peal for commutation of sentence, and 20 ‘Minutes “Inter withdrew | Pabrega, new Panama national
The appeal was made here yester-. from the hunt. | police chief a
day by Mardorff's attorney: J B “The Greer clung tenaciously ‘to| Earlier the De la Guardia gov- |
Patterson, and H C Hammer- the trail of its quarry for 3 hours ernment had announced {t would}
strom, & Miami religious worker and 28 minutes, always maneuver-| permit him to take up exile in
=| Who said the convicted man had |ing to keep the U-boat ahead of | neighboring
it. : Whether a plan to allow.
1 ‘Then at 12:40 p'm. ‘the rane leave for Costa: Rica later
‘Hardorff, = printer, stabbed his of hide-and-seek. teams erimmer | morning would be adhered to was|
wife 33 times with a Chinese dag- —the submarine changed course not immediately clear as the for-
ger. He was convicted in - April. | and Closed on the Greer.
1939, and the state supreme court} . At 12:48 an ‘alr bubble broke
the t -| the: surface of -the- sea not far
from the: Greer—e
sippt
there | 571,000 bes
akulls Springs From left to right are Buddy Strauss, Joe
new Grantland Rice Sportlight “Shooting
linwed from Page One : ean saan
of" Second Vice President | The U 8 civil seryice commis- r
D D Bradford; Report of {Sion has announced that applica | pealed'to the state supreme’ court-¥;
ng. Secretary—Mrs.Geo H/| tions may be made for examina-| guperintendent L ? Chapman
m: Report of Correspond-| tions for the’ state prison will set the
: }; Jac math th: men. to-go to..the electric
rar—Mrs' Marion [rian, assistant chair on «death war
Senmmpeanian i
OO rr .
* ‘
Sears
seeelnge boite
x Je? | Uy ft : Ol ben, al
Repo: of Crosses | service; en > Wilburn,
Maude Randall; Report of : icksony ban: MAMIE anderson
iIn—Mre HT Gaines. ‘@f ‘Orlando: and Prizell McLaren] ><.
of Miami, were». executed § last | Tce arse
week. ‘Henderson and Mc from
* +
‘offered by the general
Ommmmmlon-of_the-Univer- ta
on seve uns. of |
projécts, and recommendation’/on German
were received from the city park ithe navy.
board, The commission adopted) - gome-of
t)
ve
Woe
515 SOUTHERN REPORTER, 2d SERIES
missal of his motion for deter-
competency to be executed by
Court, Bradford County, Osee
, and requested a stay of exe-
Supreme Court held that de-
not waive claim that he was
to be executed, when his attor-
to allow defendant’s examina-
‘e psychiatrists appointed by
ground that procedure was
0 protect a mental incompe-
not to be executed.
petition denied; execution
ig determination of competen-
J., concurred in part and dis-
‘ with opinion.
Fla., 515 So.2d 189.
vy 1219
't sentenced to death did not
hat he was incompetent to be
on his attorney refused to al-
‘’s examination by three psy-
vinted by governor on ground
2 was inadequate to protect a
petent’s right not to be exe-
: F.S.A. § 922.07; West’s F.S.
> 3.811.
Spalding, Capital Collateral
», and Mark E. Olive, Chief
f the Capital Collateral Rep-
"allahassee, and Julius L.
d Richard H. Burr, III,
| Defense Fund, New York
ioner/appellant.
sutterworth, Avcty. Gen. and
ox, Asst. Atty. Gen., West
or respondent/appellee.
M.
n, currently under a death ;
ons the Court for a writ of
He also appeals the trial
al of his motion for determi-
vetency to be executed and
y of execution. We have
\rt. V, § 3(b)(1), (9), Fla.
A jury convicted Martin of first-degree
murder, and the trial court sentenced him
to death. This Court affirmed both the
conviction and sentence. Martin v. State,
420 So.2d 583 (Fla.1982), cert. denied, 460
U.S. 1056, 108 S.Ct. 1508, 75 L.Ed.2d 987
(1983). After the governor signed Martin’s
first death warrant in 1984, Martin filed a
motion for postconviction relief claiming
that a certain psychologist should have
been appointed for the defense at his trial
and that the death penalty is imposed in an
arbitrary and discriminatory manner. The
trial court denied the motion without an
evidentiary hearing and this Court af-
firmed. Martin v. State, 455 So.2d 370
-(Fla.1984). A federal district court then
denied Martin’s habeas corpus petition.
_ The federal circuit court stayed Martin’s
execution, but, after considering his case,
affirmed the district court’s denial of relief.
Martin v. Wainwright, 770 F.2d 918 (11th
Cir.1985), as modified, 781 F.2d 185 (11th
Cir.), cert. denied, — U.S. ——, 107 S.Ct.
807, 93 L.Ed.2d 281 (1986).
In 1986 the governor signed Martin’s sec-
ond death warrant. Citing Ford v. Wain-
wright, 477 U.S. 399, 106 S.Ct. 2595, 91
L.Ed.2d 335 (1986), Martin petitioned this
Court for habeas corpus relief, claiming he
was incompetent to be executed. We
adopted an emergency rule of criminal pro-
cedure pertaining to competency to be exe-
cuted in response to Martin’s petition. In
re Emergency Amendment to Florida
Rules of Criminal Procedure (Rule 8.811),
497 So.2d 648 (Fla.1986). We directed Mar-
tin’s counsel to’ follow the procedures set
out in section 922.07, Florida Statutes
(1985), and in rule 3.811, if necessary, and
denied a stay of execution. Martin v.
Wainwright, 497 So.2d 872 (Fla.1986), cert.
denied, — U.S. ——, 107 S.Ct. 1965, 95
L.Ed.2d 536 (1987). The governor then
stayed the execution.
On August 3, 1987 Governor Martinez
signed an executive order appointing three
psychiatrists to examine Martin pursuant
to section 922.07 on September 29, 1987.
On September 24, 1987 Martin filed a peti-
tion to stay the examination, which this
Court denied in an unreported order. Mar-
Tot ee
MARTIN v. DUGGER Fla. 187
Cite as $15 So.2d 185 (Fla. 1987)
tin’s counsel then refused to let Martin be
examined by the psychiatrists and threat-
ened them with a lawsuit if they proceeded
with an examination of Martin’s competen-
cy to be executed. After receiving the
psychiatrists’ letter outlining these facts
and reporting their inability to conduct the
requested examination, the governor
signed Martin’s third death warrant.
Martin’s counsel then filed a motion for
determination of competency to be exe-
cuted with the trial court. That motion
argues that section 922.07 is inadequate to
protect a mental incompetent’s right not to
be executed, thereby violating Ford v.
Wainwright. The motion argues that rule
8.811’s direction to first proceed under sec-
tion 922.07 is improper and asks for the
trial court to conduct a hearing de novo
solely under rule 3.811. The state filed a
motion to dismiss, arguing that our last
opinion (497 So.2d at 878) directed Martin’s
counsel to follow the procedure set out in
section 922.07 and rule 3.811, but that
counsel thwarted the process by invoking
the procedure and then refusing to allow
Martin to be examined. The trial court
agreed with the state and dismissed the
motion, holding that by refusing to partic-
ipate in the section 922.07 examination
Martin had waived the operation of rule
3.811.
While the motion regarding competency
to be executed was pending in the trial
court, Martin filed a petition for writ of
habeas corpus with this Court. Relying on
Hitchcock v. Dugger, —- US. ——, 107
S.Ct. 1821, 95 L.Ed.2d 347 (1987), this peti-
tion requests that Martin be resentenced
because his jury’s consideration of mitigat-
ing circumstances has been limited. This
claim has been rejected before, 497 So.2d at
874, but, because Hitchcock is a substan-
tial change in the law, we reconsider it.
See Delap v. Dugger, 518 So.2d 659 (Fla.
1987).
As the state points out, Martin’s trial
counsel requested a special jury instruction
that would inform the jury that mitigating
evidence need not be limited to those
factors listed in the statute. The court
granted this instruction and told the jury
“there is no such limitation on the mitigat-
ing [as opposed to aggravating] factors
which you may consider.” It is clear that
neither the trial court, the jury, nor defense
counsel. considered themselves limited to
consideration of only the statutory mitigat-
ing circumstances. We therefore find
Hitchcock inapplicable to the instant case
and deny the petition as having no merit.
Turning back to the motion regarding
competency to be executed, we reiterate
that we directed Martin’s counsel to follow
the procedure set out in section 922.07,
which is the trigger for activating rule
8.811. (“When proceedings under section
922.07 ... are initiated, and such proceed-
ings result in a determination by the
governor that the convicted person under
death sentence [is competent to be exe-
cuted], a judicial proceeding is autho-
rized to review that determination.”
(Emphasis supplied.)) We realize that
counsel disagrees with this procedure and
would prefer one more in line with that
postulated by Justice Marshall in Ford v.
Wainwright. That part of Justice Mar-
shall’s opinion is not a majority opinion,
however, and section 922.07 and rule 3.811
set out the procedure to be followed in this
state.
Counsel claims that, under rule 3.811, a
trial court will give undue deference to the
governor’s determination that a prisoner is
competent to be executed. Counsel reads
into rule 8.811 something which is simply
not there. The second paragraph of para-
graph (a) directs the trial court to “review
the experts’ reports and any written sub-
missions from the parties, including ex-
perts representing the prisoner.” The rule,
therefore, provides that a trial court should
decide this issue without consideration of
the governor’s determination. We see no
way that the combined procedure set out in
section 922.07 and rule 3.811 gives undue
deference to the executive.
The trial court found that Martin waived
his claim of incompetency to be executed.
This is not strictly so. By refusing to
allow Martin’s examination, counsel, not
Martin, waived this claim. While a strong
argument can be made that counsel’s waiv-
See :
‘88 Fla.
r should be attributed to Martin, to avoid
ny possible prejudice in this instance we
:old that Martin has not waived this claim.
In their letter. the psychiatrists appointed
vy the governor indicated their readiness to
xamine Martin when the legal questions
‘re resolved. We therefore request that
he governor again ask them to do so.”
tecognizing that Martin’s warrant is effec-
ive until November 11, but that his execu-
ion has been set for November 5, 1987, we
lirect that he shall not be executed on that
late or anytime during the warrant period
less the procedures in regard to his com-
‘etency to be executed have been conclud-
d. %4
It is so ordered.
No motion for rehearing will be allowed.
McDONALD, C.J., and OVERTON,
JHRLICH, SHAW, BARKETT and
COGAN, JJ., concur.
GRIMES, J., concurs in part and
lissents in part with an opinion.
GRIMES, Judge, concurring in part
ind dissenting in part.
The last time Martin contended that he
vas incompetent to be executed, this Court
:dopted Florida Rule of Criminal Procedure
‘811 as an emergency rule and specified
hat “{iJf Martin’s counsel wish to pursue
his claim, we direct them to initiate the
anity proceedings set out in section 922.-
‘1, Florida Statutes (1985), and, if neces-
ary, then to follow the procedure provided
n rule 3.811.” Martin v. Wainwright, 497
\0.2d 872, 878 (Fla.1986) (footnote omitted).
\t the same time, we denied Martin’s peti-
ion for habeas corpus and his requested
tay of execution. Martin sought to chal-
enge the constitutionality of the Florida
‘rocedure at that time by filing a petition
‘or certiorari, which was denied. Martin
. Dugger, — U.S. —, 107 S.Ct. 1965, 95
.Ed.2d 536 (1987).
We find Estelle v. Smith, 451 U.S. 454, 101 S.Ct.
1866, 68 L.Ed.2d 359 (1981), inapplicable here
because Martin has already been convicted of
first-degree murder. That conviction is no long-
er at issue and the best result he can currently
obtain is an escape from execution because he
does not understand the nature of the death
515 SOUTHERN REPORTER, 2d SERIES
Thereafter, pursuant to the earlier re-
quest of Martin’s lawyer invoking the pro-
visions of section 922.07, the Governor ap-
pointed three psychiatrists to examine Mar-
tin. Martin’s counsel then filed a petition
for writ of quo warranto or for extraordi-
nary relief in the nature of quo warranto
seeking to stay the section 922.07 examina-
tion on the premise that rule 3.811 was
unconstitutional because it required the tri-
al court to give deference to the Governor’s
determination of competency to be exe-
cuted. This Court denied Martin’s petition
on September 28, 1987.
Upon advice of his lawyer, Martin then
refused to participate in the section 922.07
examination, and as a result, the Governor
was unable to make a determination of
competency. Martin then purportedly in-
voked rule 8.811 by filing in the circuit
court a motion for determination of his
competence to be executed and for a stay
of execution. The judge denied the motion,
pointing out that by its own terms rule
3.811 is only effective after a section 922.07
finding is made. The judge ruled that by
refusing to participate in the section 922.07
proceeding, Martin waived the operation of
rule 3.811. I agree.
Martin’s lawyer now argues before this
Court that he advised his client not to
submit to the section 922.07 examination
because he still believed rule 8.811 was
unconstitutional on the ground previously
asserted in his petition for quo warranto.
As noted in the majority opinion, this posi-
tion was unfounded. However, even if it
could be said’ that the wording of the rule
was sufficient to give Martin’s counsel le-
gitimate concern, the constitutional point
could have been adequately preserved by
permitting the section 922.07 examination
to take place.
Martin is presumed sane. While there
has been disagreement among the psychia-
penalty and why it is to be imposed on him.
We hold, however, that the information given
by Martin to the three psychiatrists appointed
by the governor can be used only to determine
his competency to be executed and not in any
other proceedings.
ceninaneomecens
|
3
|
:
MARTIN v. STATE
Cite as 51S So.2d 189 (Fla. 1987) :
trists, no court has ruled him to be incom-
petent. He now claims to be incompetent
but refuses to permit the psychiatric exami-
nation to go forward to determine whether
or not: he is incompetent. Since Martin’s
execution is scheduled for November 5,
1987, a stay will inevitably be granted as a
result of this legal maneuvering, which
was its purpose in the first place.
While I concur with the majority’s inter-
pretation of rule 3.811 and its rejection of
the claim under Hitchcock v. Dugger, I
dissent from the reordering of a section
922.07 examination. I would affirm the
trial court’s order and deny the motion for
stay of execution.
Nollie Lee MARTIN, Appellant,
v.
STATE of Florida, Appellee.
No. 71410.
Supreme Court of Florida.
Nov. 10, 1987.
Defendant appealed order of the Cir-
cuit Court, Bradford County, Osee R. Fa-
gan, J., finding him competent to be exe-
cuted. The Supreme Court held that trial
court’s determination that defendant un-
derstood nature and effect of death penalty
and why it was to be imposed on him was
supported by competent, substantial evi-
dence.
Affirmed; stay of execution dissolved.
Ehrlich and Barkett, JJ., dissented and
filed opinions.
Criminal Law ¢981(1)
Trial court’s determination that de-
fendant understood nature and effect of
death penalty and why it was to be imposed
on him was supported by competent, sub-
Fla. 189
stantial evidence, including written submis-
sions from psychiatric experts. West's _
FS.A. § 922.07.
Larry Helm Spalding and Mark E. Olive,
Office of the Capital Collateral Representa-
tive, Tallahassee, and Julius L. Chambers
and Richard H. Burr, III, NAACP Legal
Defense & Educational Fund, Inc., New
York City, for appellant. ;
Robert A. Butterworth, Atty. Gen. and
Joy B. Shearer, Asst. Atty. Gen., West
Palm Beach, for appellee.
PER CURIAM.
Following our opinion regarding Martin’s
counsel’s failure to permit Martin’s exami-
nation to determine his competency to be
executed, Martin v. Dugger, 515 So.2d 185
(Fla.1987), the governor reappointed a pan-
el of three psychiatrists to examine Martin.
After the examination, the psychiatrists de-
termined that Martin understood the na-
ture of the death penalty and why it is to
be imposed on him. The governor then
certified his competency to be executed.
See § 922.07, Fla. Stat. (1987). - Martin
sought review-in circuit court pursuant to
Florida Rule of Criminal Procedure 3.811.
The court considered written submissions
from psychiatric experts on both sides,
heard arguments from both sides, called
for questioning of one of the psychiatrists
appointed by the governor, and found Mar-
tin competent to be executed.
On appeal Martin claims he had no notice
that an evidentiary hearing would be held;
that, because of the lack of notice and the
time constraints, the court denied him an
opportunity to present his witnesses and
yet heard the testimony of a live witness
who had examined him at the request of
the state; and that the court impermissibly
failed to distinguish between a rational and
a factual understanding of why the death
sentence is to be carried out. We find no
merit to these claims.
Two days before the hearing, the judge
sent word to the parties that a hearing
would be held. Holding an evidentiary
hearing under rule 3.811 is discretionary
‘90 Fia.
‘ith the trial court. At the beginning of
he hearing, the court announced it would
sten to and consider anything that either
‘de wished to present. The judge had
reviously examined all the reports, togeth-
" with transcripts of the experts’ examina-
on of Martin. He stated at the end of the
2aring that he was prepared to find Mar-
n competent to be executed without testi-
‘ony and that the psychiatrist’s live testi-
ony did not change that conclusion. The
ial judge expressly observed that an evi-
ntiary hearing was not required by the
‘les. Martin has not shown that he would
‘ve presented anything not covered in the
bmitted papers, and we find no error in
t stopping these proceedings so that wit-
sses could be gathered from distant
\ces to reiterate in person what they had
‘eady said on paper.
Che rational-versus-factual-under-
inding argument is based on Dusky »v.
rited States, 362 U.S. 402, 80 S.Ct. 788, 4
5d.2d 824 (1960). Dusky concerned com-
‘ency to stand trial and held that a de-
‘dant should have “sufficient present
lity to consult with his lawyer with a
‘sonable degree of rational
nding” and have “a rational as well as a
tual understanding of the proceedings
inst him.” Jd. at 402, 80 S.Ct. at 789.
rtin’s competency to stand trial is not at
te here. We emphasize that the nature
Martin’s mental condition is basically the
‘e a8 was presented and rejected pre-tri-
n the issue of competency to stand trial.
"vas also presented and rejected during
! on the issue of his competency at the
‘ of the offense. Further, assuming
‘ything Dr. Lewis says is true, the
‘rd clearly shows Martin understands
nature of these proceedings and under-
ids why the death penalty is being im-
‘d on him. Martin admitted in this
rd his full understanding of these
ors.
le papers submitted to and considered
he trial court adequately demonstrate
tin’s competency to be executed and
ort the trial court’s ruling. We find
trial court properly applied the neces-
factors in determining Martin’s com-
icy to be executed: The fact that Mar-
ca
under- -
515 SOUTHERN REPORTER, 2d SERIES
tin believes that a satanic conspiracy re-
sulted in his conviction does not override
his understanding of why he is being exe-
cuted. These proceedings are directed only
to Martin’s competency to be executed, a
narrower determination than what is re-
quired for competency to stand trial.
We hold that the trial court’s determina-
tion that Martin understood the nature and
effect of the death penalty and why it is to
be imposed on him is supported by compe-
tent substantial evidence. The trial judge’s
findings reflect a careful consideration of
the ‘matter. The requirements of Ford ».
Wainwright, 477 U.S. 899, 106 S.Ct. 2595,
91 L.Ed.2d 335 (1986), have been met. See
Johnson v. Cabana, 818 F.2d 333 (5th Cir.
1987). We affirm the trial court’s order
* and dissolve the stay of execution entered
by that court effective 7:00 a.m., November
11, 1987.
No petition for rehearing will be enter-
tained.
It is so ordered.
McDONALD, C.J., and OVERTON,
SHAW and GRIMES, JJ., concur.
EHRLICH and BARKETT, JJ.,
dissent with an opinion.
EHRLICH, Justice, dissenting.
Petitioner’s attorney was told of the
hearing date by a representative of the
Attorney General’s office, but it was not
known if an evidentiary hearing would be
permitted. Petitioner wanted to put on live
testimony and after being apprised of the
hearing date, filed a motion requesting an
evidentiary hearing, but his counsel made a
very serious error in not inquiring tele-
phonically of the trial judge, either directly,
or through the judge’s secretary, if a
scheduled hearing would include the taking
of evidence. If he had exercised this bit of
care and foresight, he would have been
given an answer in the affirmative. True,
the shortness of time may not have permit-
ted counsel to put on as many witnesses as
he desired, but he at least would have been
able to make an effort to have one or more
witnesses present, as did the state. In the
MARTIN v. STATE
Cite as $15 So.2d 189 (Fla. 1987)
Fla. 19]
Procedure 3.850, which was denied, and
this Court affirmed in 1984. Petitioner
filed a petition for writ of habeas corpus in
the United States State District Court
which was denied and denial affirmed by
the United States Circuit Court of Appeal
in 1986 and the United States Supreme
Court denied certiorari. Petitioner filed a
petition for a writ of habeas corpus in this
Court in 1986. This Court denied relief,
and certiorari was denied by the United
States Supreme Court.
I find it difficult to conclude that society
and the criminal justice system have been
precipitous with Mr. Martin in the nine
years since his conviction, as the penul-
timate paragraph of Justice Barkett’s dis-
sent would have us believe. It is unfair to
analogize these death appeals to civil cases
and condemnation cases. First and fore-
most, there is finality of judgment in civil
cases. Seemingly this is not true in death
penalty cases. The judicial system does
not permit repeated collateral attacks in
the civil arena which are permitted in the
death penalty cases,
This Court does not lightly intercede in
the executive function by granting a stay
of execution without the gravest of rea-
sons. We respect the separation of powers
doctrine as between the executive and the
judicial. We give priority attention to peti-
tions for collateral relief in death penalty
cases when they are filed after the Gover-
nor has signed a death warrant and the
date of execution has been set, and this
does cause us to work within time con-
straints that are not part of our routine, I
do not question in the slightest the Court’s
handling of this case. [| dissent only be-
cause I believe that under the circumstanc-
es that exist in this case, petitioner should
have been permitted to offer the testimony
of live witnesses,
life and death Situation at hand, I cannot
visit the error of counsel on defendant, and
it is for this reason that I dissent. While it
is true the judge had the benefit of written
opinion from the doctors, I cannot equate
the effectiveness of a cold report with testi-
mony of a live witness in question and
answer form.
I am of the opinion that Florida Rule of
Criminal Procedure 3.811 passes constitu-
tional muster and meets the requirements
of Ford v, Wainwright, 477 US. 399, 106
S.Ct. 2595, 91 L.Ed.2d 835 (1986). If the
judge had opted to proceed on the basis of
the papers furnished him by all counsel
plus argument of counsel, my position
would be different. Having agreed to per-
mit witnesses to testify, then I feel that
defendant should not be deprived of that
opportunity because his counsel made a
mistake.
I do not share Justice Barkett’s view that
the Court’s opinion requires a petitioner to
bring all of his witnesses to a hearing
“regardless of whether they will testify.”
This Court’s opinion should have the saluto-
ry effect of allerting counsel, if he does not
know the fact, to inquire of the court prior
to the hearing if testimony will be taken so
that he can Prepare accordingly.
I do share with Justice Barkett the frus-
tration of having to review large quantities
of filings including motions, appendices,
and briefs on a short notice and hurry-up
basis with a person’s life on the line. This
is by no means a matter of our choice. It
appears to me that this grows out of the
fact that the carrying out of the judgment
of the Court is an executive function. In
the death penalty scenario, it is the Gover-
nor’s signing of a death warrant and the
setting of an execution date that triggers
last minute collateral attacks on a judg-
ment of long standing. Consider the histo-
ry of this case. Mr. Martin was convicted
in April 1978 and the death sentence was
imposed in November 1978. This Court
upheld the conviction and sentence on di-
rect appeal in 1982. Certiorari was denied
by the United States Supreme Court. Peti-
tioner filed a motion for post conviction
relief pursuant to Florida Rule of Criminal
BARKETT, Justice, dissenting.
On Wednesday afternoon, November 4,
1987, the trial judge scheduled a hearing
for Friday, November 6, at 11:00 a.m. He
did so by notifying the state by telephone
and asking the state; to notify Martin’s
counsel. When notified by the state, Mar-
1 Fla. 515 SOUTHERN REPORTER, 2d SERIES
!] Appellant argues that the trial court
ed in calling a court witness on request
‘he state which averred that it could not
ich for his credibility because of certain
msistencies in his present recollection
h previous statements. Although we
‘e disapproved of calling such witnesses
court witnesses, the error here was
mless. The judge asked no questions of
witness and did not depart from a
ture of impartiality. The state was per-
‘ed to refresh the witnesses’ present
lection by reference to previous state-
its but was not permitted to lead the
tess. Several objections to leading
stions were in fact sustained. The wit-
s exhibited a hazy recall of non-essential
iculars of previous statements and was
‘rely cross-examined by defense counsel
hese particulars. However, on the crit-
point of his testimony, he unequivocal-
lentified appellant in court as the man
‘ad seen on the street just prior to the
‘es and as the man he had previously
tified in photographic and live lineups.
] Appellant argues that the evidence
isufficient to support the convictions
use it is largely circumstantial and is
inconsistent with a reasonable hypothe-
f innocence. We disagree. The test is
ther there is substantial, credible evi-
‘e which the jury could have deter-
'd excluded all reasonable hypotheses
nocence. Ross v. State, 474 So.2d 1170
1985); Rose v. State, 425 So.2d 521
1982), cert. denied, 461 U.S. 909, 103
1883, 76 L.Ed.2d 812 (1988). In sup-
appellant argues that the eyewitness
mony placing him at the crime scene is
tionable. This argument was made to
ury and obviously it found the testimo-
credible. The evidence supports a jury
‘mination that appellant was at the
2 scene prior to the crimes and, more
ficantly, was chased from the scene
n minutes of the sexual battery and
ler after having been discovered com-
ng a burglary in the home of the vic-
This evidence, coupled with appel-
3 inculpatory statement to the police, is
tantial and credible and thus legally
cient to support the convictions. It is
‘or us to substitute our judgment for
of the jury. Tibbs v. State, 397 So.2d
(Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct.
72 L.Ed.2d 652 (1982).
pellant argues that the trial court
' @ series of erroneous rulings which
‘latively denied him a fair trial. None
of these claims have any merit sufficient to
warrant discussion.
(6,7] Appellant next argues that the
trial court erred in departing from the sen-
tencing guidelines on the conviction for
burglary with assault. In support of the
departure, the trial judge found (1) that
appellant was a habitual offender; (2) that
appellant had four unscoreable convictions,
namely, a juvenile adjudication for man-
slaughter in 1960, a first-degree murder
conviction in 1966, and first-degree murder
and sexual battery convictions in 1986; and
(3) that particular cruelty and excessive
force was used. We agree that the habit-
ual offender statute is an invalid reason for
departure. Whitehead v. State, 498 So.2d
863 (Fla.1986). However, reasons two and
three are valid and substantial reasons for
departure and the trial court stated for the
record that it would depart from the guide-
‘lines based on these alone. Moreover, on
reason two the habitual offender classifica-
tion is largely based on unscoreable convic-
tions which are not encompassed within the
guidelines. Thus, our reasoning in White-
head that the habitual offender statute
covers the same ground as the scoring of
the criminal offenses under the guidelines
is not applicable. We are satisfied that the
state has shown beyond a reasonable doubt
that the trial judge would have departed
from the guidelines sentence based on the
valid reasons in the absence of reason one.
Albritton v. State, 476 So.2d 158 (Fla.
1985).
[8] Appellant’s next issue concerns the
imposition of the death penalty. In his
written findings under. section 921.141,
Florida Statutes (1985), the sentencing
judge found no mitigating circumstances
and five ‘aggravating circumstances: (1)
section 921.141(5)(a), the capital felony was
committed by a person under sentence of
imprisonment;- (2) section 921.141(5)(b), ap-
pellant was previously convicted of another
capital felony or of a felony involving the
use or threat of violence to the person; (3):
section 921.141(5)(d), the capital felony was
committed while the appellant was en-
gaged, or was an accomplice, in the com-
mission of, or an attempt to commit, or
flight after committing or attempting to
commit a sexual battery and burglary with
assault; (4) section 921.141(5)(h), the capital
felony was especially heinous, atrocious, or
cruel; and (5) section 921.141(5)(i), the capi-
tal felony was committed in a cold, calculat-
ed, and premeditated manner without any
hw >
MARTIN v. DUGGER
Fla. 185
Cite as 515 So.2d 185 (Fla. 1987)
pretense of moral or legal justification.
Reasons one through three are not contro-
verted. Appellant was on parole from a
Previous sentence for first-degree murder
and was convicted in the instant case of
both sexual battery and burglary with as-
sault. On reason four, the child victim was
brutally raped, sodomized, and beaten to
death with a rock. She suffered extensive
pain from injuries to her vagina and anus
and from being repeatedly struck on the
head with the rock. This is heinous, atro-
cious, and cruel by any standard. On rea-
son five, appellant argues that there was
insufficient evidence of heightened premed-
itation. The trial judge reasoned that the
rock used to bludgeon the child to death
was not of a type found in the immediate
vicinity of the home and that obtaining
such & weapon demonstrated heightened
premeditation. We agree with appellant on
this point. The evidence does not rise to
the level of heightened premeditation ex-
ceeding a premeditated first-degree murder
which 18 necessary to support this aggra-
vating circumstance. Hardwick v. State,
461 So.2d 79 (Fla.1984), cert. denied, 471
abe ‘im 105 S.Ct. 2369, 86 L.Ed.2d 267
_ [9,10] Appellant next argues that the
Judge erred in not finding the mitigating
circumstances of being under extreme men-
tal or emotional disturbance with diminish-
ed capacity and of a deprived childhood.
The judge heard evidence and gave consid-
eration to these factors. We see no abuse
of discretion in the judge’s findings,
White v. State, 446 So.2d 1031, 1036 (Fla.
1984); Daugherty v. State, 419 So.2d 1067,
1071 (Fla.1982), cert. denied, 459 U.S. 1228,
103 S.Ct. 1236, 75 L.Ed.2d 469 (1983). Ap-
pellant also argues that the judge erred in
permitting evidence of a 1960 manslaugh-
ter conviction, committed when appellant
was a juvenile, to be introduced. The state .
voluntarily chose not to introduce evidence
of this conviction as direct evidence but
reserved the right to introduce the convic-
tion as rebuttal evidence. When a relative
of sepeens testified that appellant would
never harm anyone, the state was rmit-
ted to ask if she knew of the manalenghtee
where appellant stabbed a schoolmate to
ae poset schoolmate refused to sur-
render small change. This was proper im-
peachment. We see no error. ae
(11]_ Appellant’s final argument is that
the jury’s role was denigrated in violation
of Caldwell v, Mississippi, 472 U.S, 820,
advising it that its recommendation was
advisory and that the judge was the ulti-
mate sentencer. This is a correct state-
ment of the law. We are satisfied that the
Jury instructions properly stress the impor-
tance of the jury role in making its adviso-
ry recommendation. Aldridge v, State,
503 So.2d 1257, 1259 (Fla.1987), Pope v,
Wainwright, 496 So.2d 798, 804 (Fla.1986),
cert, denied, — U.S, ——, 107 S.Ct. 1617,
94 L.Ed.2d 801 (1987).
Although we find that one of the five
aggravating circumstances relied on by the
trial court was invalid, we approve the
death sentence on the basis that a j
recommendation of death is entitled to
great weight and there were no mitigating
circumstances to counterbalance the four
valid aggravating circumstances. Spazi-
ano v. Florida, 468 U.S. 447, 104 S.Ct.
8154, 82 L.Ed.2d 340 (1984); Clark v,
State, 448 So.2d 978 (Fla.1988), cert. de-
nied, 467 U.S. 1210, 104 S.Ct. 2400, 81
L.Ed.2d 856 (1984); Ross », State, 386
So.2d 1191, 1197 (Fla.1980); LeDue v,
pan Bare = end 151 (Fla.1978), ceré,
enie S. » 100 S.Ct. 175,
L.Ed.2d 114 (1979). =
We affirm the convictions and sentences,
It is so ordered.
McDONALD, GJ + and OVERTON
EHRLICH, SHAW, GRIMES and KOGAN, ;
JJ., concur, '
BARKETT, J., concurs in result only.
Nollie Lee MARTIN, Petitioner,
v.
Richard L. DUGGER, Secretary, Florida
Department of Corrections,
Respondent.
Nollie Lee MARTIN, Appellant,
v.
STATE of Florida, Appellee.
Nos. 71346, 71362.
Supreme Court of Florida.
Oct. 28, 1987. -
Prisoner under death warrant peti-
105 S.Ct. 2683, 86 L.Ed.2d 231 (1985), by _ tioned for writ of habeas corpus. He also
RZ OB WLU
vee Xu lps.
{ : i
Kies 16626. ter
By RICK TUTTLE
Cantal Surees Chiet
RAIFORD —~ A dolefully
smiling cop killer and an em.
bittered = child rapist, faces
shrouded in black hoods, died
In the Florida electric chair
Monday — each with a bequest
that gave sight to four blind
persons,
murdered a Bal Harbour po-
liceman, went first,
Robert Wesley Davis, the
chubby raper of a Tallahassee
girl, followed him.
Ironically, part of each man
will live on although the state
took their lives on a clear,
sunny Monday morning.
At thelr request, Dr. John
D. Simpson, the prison physi-
cian, removed their eyes im-
mediately after the execution.
The eyes were shipped te
Jacksonville in special con-
tainers. They were transplant-
ed into sightless persons Mon-
day night. Their identity ts
secret,
Mackiewicz and Davis speci-
fied one eye to each person.
They gave sight to four by
their death.
Jesus, mercy.”
Those were Mackilewicz last
words from beneath the black
cloth that covered his face.
Moments before, he read a
brief speech condemning cap-
{tal punishment as no deter-
rent to major crime,
He had carefully printed his
Speech on? notebook paper. He
Norman J. Mackiewicz, a |
35-year-old war hero whos,
"But this regret and sorrow
for the present revolves about
the fact that my death in this
electric chair accomplishes
nothing beyond merely my
death. Fhe fact that a man is
executed has not the least de-
terrent affect upon those who
will follow, and there will be
many as there have been in
the past."
Five men adjusted the head
plece and Mackiewiez smiled
calmly. Then 2.300 volts ended
a \lfe of banditry and hero-
ism. : :
While on death row only a
few paces from the chalr that
claimed him at 8:43 am,
M.icklewicz and his lawyers
had battled for his life. They
fought for three years.
“He's a tough one,” said
Warden DeWitt Sinclair be-
fore the execution. “But they
are often the ones who break
down at the end.” -
Not Norman Mackiewicz. He
“My Jesus, mercy .., My}
ee
was calm throughout.
Girliah Robert Wesley
Davis was Just as serene,
“This execution is a prime
example of the state of Flor-
ida wiping out one of its mis-
takes,” he said.
“From when I was only
seven years old I have been
in state institutions and since
Tt was 12 years old the offi-
- cials knew about me — that I
: was a homosexual. They knew
what I would tum out to be
. and they gave me no help.”
Davis, son of so Miami
(. B-girl, raped » 10-year-old
girt in 19539. Als lawyers sald
he assaulted her by mistaka
Goring o frenxy as he tried
te molest two young boys
with her. He later pleaded
guilty, ;
As the electrocution team
covered his face and adjusted
the head plece, he prayed sil-
ently, only hls lips moving.
said he was sorry,
Miami Herald Aug. 8, 1961 p 2C
MIAMI DAILY NEWS
Sunday
August 6, 1961
6A
Norman Mackiewiez
‘To Die Tomorrow
Bs WILLIAM TUCKER bar from his 2ard story cell wi
‘ cksas smuggied into the jail
Sa
A kiver who dragged a com.
rate aff a ble eget ina nes prisoner's snoe. He was
: ify et sag ale
i mq dhe" exc f hess ae recamured four days later afer
Lmos: eludin rdon search-
and made a kuman-flyv escace a ucing cordons of searc
'. ; ers in South Florida.
rom yal in arotrer goes to bis : ca
cea at Rasord Prison tom the execution ail be the first
wou swe Farris Bryant became gov-
ernor Jan. 3. Mackiewiez has
been in the death house for more
than three years.
<< P ’ ~ te ae
Norman J. Macxiewics, 35, «4
me eectrocuted for the s.avirz
of a Bal Harpour policeman who
7 ‘ . . JS 8% . Glark: i mates. * ot
Bernd hum growing a hete! cor: NORMAN MACKIEWICZ «. Mackewicz, a native of New
‘or near’ four ears aco Shot Policemaa Britain. Conn., was convicted
es oe + o sume Ay ~ Be “a , °
Apri. 24, 1958.
Set ta de ath Mackexe> 3< A PRIEST?
Tre concemned man once told
reborters:
art Wo Dass. 2 admitted
“Oka. «aM pieaded guts
Y raping a i+sear-old Ta..anas- ,
“When you gotta die, you gotta
Ge Would it do any good if 1
banged my head on the bars and
screamed? Would you believe it
— I once thought I would be a
rt RPLE HEART priest.”
. fo} r
se acMi@ ae or oder of the P
The last time the case was be
fore the Florida Supreme Court,
Asst. Atty. General Reeves Bow-
o git en charged that the slaver's law-
e a, RORERT DAVIS sers were seeking to make Mac-
kiewicz “another Chessman CASE
<
e Heart ard Bronze Star fer ca’
Iniry on actan in World War Il.
= Lena fae bh
pitees <
That was only one side ci ts Raped Gir!
yt The State Pardon Be ued — Keep it in the court 10 or 12
. ‘es PY i
sce dere: him cleman P05 nel! (oascen x F ‘dj years
. pee WO GeO eA Sas me wOULG Mave °
hearing bor nctured as a dar ;
: , recommenda: ile imorc.sonment.
<erous Ker and osacl-sreaxer
ooh A * ‘we eA
arth : 2S criminal re Bat Macx.ea.cz did not confess
"4 yr 4 acd New York ~
eos 2 of Pouce Lt Robert
The US Silpreme Court denied Stabb on tre Baimora Hotel until
5 + and e an.
STM a Te. ea A Florida Acreg iter re was cennsicted and sen
Courts der sem! ty inteerace
‘ J * r
DESPERATE.
Machiealce has hattled Gesce: Whie aeaiiung trial in Dade
ane to escape the char. even Counts sold sxsserarer jatl,
Mackiea:cz escaped to a lower
Mocr on a rope woven from a
First he sawed a
His wartime buddy
ere.n ot Memphis, Tenn
, testified
that he osed his lle to Mackie.
wicz, Who cragyed him to safety
from a rattefeid near Davao cn
=m aren ere reeneencemeenneetensennerliliinemear
dike
” of Gov. Collins, ° who ‘signed ‘no / that. n
death warrants ; during “his ‘last |!
months in o‘fice. Twenty-five oth: |
ers remained in death row alter} ++
MIAMI DAILY NEWS
MCN DAY, August 7, 1961
1A, 5A
petterment of society, During his
i vf Chair
. | Conimeet from Pag u
magts that capital’punishment ac-
complished nothing toward the
three years‘in' death row ‘he had
‘written each of Florida's 133 legis-
lators by hand yrging (hat elec-
trocution be sufpended or. abol-
ished. ‘
In his battle’ for life, he had
a wartime baddy, Joseph Amerein
of Memphis; Tenn.. testify before
the parole board how Mackiew-
lier dragged him to safety on, a.
'Phillippine beachhead.
WAR MEBALS
For that , Mackiewics received
the Bronze Star.’ He als. was
wounded in action and. received
‘the Purple Heart.
" But a jury found later that,
‘Mackiewicz, killed Lt, Robert |
Staab, a father of four, in cold
blood when the Bal Harbour of-
ficer found him prowling the Bal- |
, moral Hotel in 1987, - i
i
| He showed his reckless courage ||
iby shinnying down a rope made |
of mattress cover, strips from the |
23rd floor of the Dade County jail |
jto the 17th, while awbiting trial. |
He was recaptured after four ||
days.
LONG RECORD
Davis had a long record ag a
sexual pervert and spent most of
his youth in Institutions. He plead-
ed guilty to the rape of a 10-yeer-
old Tallahassee gir! in 1988 and
drew the death ‘penalty. The
Florida Supreme Court later call.
ed the sentence “incomprebenai-
dle’ but did not intervene.
Charging that the state was
“wiping out its own mistake,”
Davis said just before he dted
that “from the age of 12 they
knew I was a homosexual but they
gave me no help.”
Today's were the first execu.
tions since June 20, 1960 when a/
James W. Brooks of Patm Beach
County, went to the chalr.
The $6 witnesses’ In. the gray
walled electrocution chamber tn-
cluded .the 12 réquired by law,
one a woman, guards, prison of-
ficials, a, priest and newspaper.
men. : . :
2 : . \While on death row only a
‘3 Wes few paces fromthe chalr that
claimed him at 8:43 api.
Macklewicz. and. his lawyers
‘ @ had battled -for his life, They
tyme eee fe Telos roere ”
UT meHe's a tough enet bald IAMI HERALD
Warden DeWitt Sinelatr be. wien,
| ° | fore the execution. "But they luesbay, August 8, 1961
hi. Ur | are often the. ones, who ‘break page 2C
|
State Executes was calm throughout, =. |
‘ ** Girtish Rebert Wesley”
Killer, Assaulter | | Davis was just ss serene... ,
- , .;“This_ execution: is a prime
fs me ee ST example of thé ‘state ‘ot Flor-
_ . Gretel Sertee ida’ wiping out one of its: mis-"
RAIFORD -- A dolefully takes," he sald. eee
amiling.cop killer and an em- “From *when'> I was’ only |
bittere@ -child. rapist, faces seven years: old I have’ been
shrouded in, black hoods, died in state Institutions and since
ja the. Florida electric chair L was 12 years’ old ‘the offi-,
Monday — each with a bequest cials knew. about me —— that I
that gave sight to four blind was a homosexual. They knew
persons, oe what) I: would turn out .to be
Norman 3. Mackiewicr, a | | SBE Save ms m0 BOP 5
-$i-year-eld war here who< {"Deivke, eam ef oe. Mem
murdered # Bal Harbour po- “Begial, | raged) a 16-year-old
Heeman, wont first. - som $a 1988, Ete: lawyers said
Robert Wesley Davis, thet éuving woraayine, corer
chubby raper of a Tallahassee “1 fo fr bee eons
girl, followed him. . . 6 betel det
Ironically, part of each man ' so furpies
will liveon although the state *
took their lives on a cleer,
-sunny Monday morning.“
At their request, Dr, John
D. Simpson, the prison ‘
clein:: 904 @ o
‘ed inte sightiows persons Men-
day might, Their idomtity ts
ft P e , ‘ “
Macklewles and Davis epecl-
Hed one eye to each person.
They gave sight to four by
their death,
“My Jesus, mercy « + + My
Jesus, mercy.”. ~ a
Those were Mackiewicz last
words from beneath the black
cloth that covered his face.
Moments before, he read a
' brlef speech comdemming cap-
ital pusiamment ao no deter-
| pent te major crime,
| He had’ carefully printed his
speech on? notebook peper. He
| sald he was sorry. |
“But this regret and sorrow
| for the present revolves about
| the fact that my death in thia
lelectrie chair secomplishes
nothing beyond merely my
death. The fact that a man is
executed has not the least de-
terrent affect upon those who
will follow, and there will. be
many as there have been in
the past.”
Five men adjusted the head
piece and Machlewles smiled
calmly. Then 2,300 volts ended
a life of banditry and bero-
ism.
frequent and routine calls that take up the
time of patient policemen. As the headquar-
ters clock pointed to 8 p.m., on the night of
January 17, in Miami, Florida, the telephone
rang on the sergeant’s desk.
A Mrs. Roger Sewell reported that she thought
something was wrong in the apartment immedi-
ately above her at 553 N. W. 58th Street. She
had heard sounds of what appeared to have been
a struggle around seven o’clock. After that, there
had been an ominous silence. Finally, perturbed
by the unnatural silence, she had determined to
call the police.
“Didn’t you go up to have a look?” asked the
desk sergeant. * “After all, they’re your close
neighbors.”
“No,” answered the feminine voice, “I didn’t.
I’m afraid to. And if it’s nothing, I don’t want
to seem like a busybody.”
“All right, madame,” replied the officer. “I'll
send someone out to investigate. Who lives in the
apartment above you?”
“The owners of this house, Mr. and Mrs. Paul
Mardorff. Mrs. Ethel Mardorff just came down
from the north recently and opened up her apart-
ment.”
“T see. Well, I’ll send an officer to investigate.”
The call went to the radio room and was im-
mediately sent winging its way into the ether by
the operator. It was picked up by Officers W. T.
Fulford and Leslie Quigg, Jr., who were in the
area in a police cruiser. They drove at once to
the address and found it to be a two-story house.
As the officers went up the dark stairs, Quigg’s
flashlight focused at once on several red splotches
on the wall,
“Hey! Look at this!” he exclaimed to his part-
ner. ‘Blood, or I miss my guess—and fresh blood,
too.”
Fulford nodded. ‘‘Trouble,” he answered suc-
cinctly.
As they continued up the stairs there came the
full-throated barking of a large dog—sharp, short,
angry barks that were deep-chested and threaten-
ing. Fulford loosened his gun ready for what
might come. ;
They went on. At the top of the stairs there
was an unmistakable pool of blood. There was
also an open door that led to a bedroom. The
barking continued, but no dog was visible. He was
evidently locked up in the front part of the apart-
ment.
The officers, under the rays of the flashlight,
made their way into the bedroom. Quigg’s light
focused on a large bloodstain on the bed. Next,
T: BEGIN with, it looked like one of those
sweeping around, it traced a crimson blotch to
one side; then a pair of shapely feminine legs came
into view. They belonged to a woman who lay
huddled in the unmistakable and grotesque con-
tortion of a violent death. The victim’s face, dress
and hands were stained with her life’s blood.
The two officers looked at one another in
shocked silence.
“Better call headquarters,” suggested Quigg.
“This is one for the homicide boys.”
Fulford nodded and left the room. Quigg, alone,
studied the death scene. By the appearance of
the room, a fierce struggle had been waged here.
He bent over the woman to see if he could ascer-
tain how she had been killed. There were no visible
bullet wounds Quigg could detect from her slumped
position against the wall. The officer was careful
not to touch or disturb anything until the experts
from the homicide department would arrive.
Downstairs, on the two-way radio, Fulford was
relaying the story of their find to headquarters and
asking for instructions. .
After.a minute’s delay, the operator told him to
stay where he was.
“We'll send help in afew minutes. See that
nothing’s touched. I’m phoning Barker. He’s
home, off duty, but I think he’d better get on the
- job. This is up his alley.”
Fulford returned to the apartment to rejoin
Quigg. They had found the wall switch and now
the room was bathed in light. Starkly evident in
the revealing rays was the fact that this was the
scene of an unusually brutal killing. The victim
lay there, huddled and still, irrefutable testimony
that a sadistic killer was loose in Miami.
Meanwhile, the radio dispatcher contacted De-
tective Captain James O. Barker at his home and
gave him the details of the crime. Barker, at the
time, was head of the Miami Police Department’s
Bureau of Identification, and one of the leading
criminologists in the country. He was one of two
officers called in on the famous Oakes murder
case, in Nassau, by the Duke of Windsor, then
Governor of the Bahamas, when the multi-million-
aire was found beaten and burned to death in his
sumptuous home. It was Barker’s expert testi-
mony and his discovery of a fingerprint upon
which the entire case of the Crown’s prosecution
was based.
Barker immediately got into his car and drove
out to the Mardorff home. Here, he paused on
the threshhold of the bedroom and frowned. In
many years of homicide work he had never seen
a more savage and merciless killing. He instantly
decided that the woman died fighting off her in-
sane assassin, because of the position of her body.
Passion—greed—jealousy—revenge—what was the
motive for this savage crime? A knife had
been plunged into her body nineteen
times! Who was moved by these
feelings—and why?
Judging by the bloodstains, on the bed, on the
carpeted floor, on the walls, their frequency, posi-
tion and density, he judged that the victim had
first been stabbed and thrown on the bed, from
which point she had struggled erect and had been
repeatedly attacked by the killer until she had
finally gone down and slumped awkwardly against
the wall.
Barker began a painstaking examination at
once, instantly aware that here was a case, because
of its brutality, that would make the headlines.
Lifting the body forward he was startled to see
the handle of a curiously ornate knife protruding
from between the woman’s shoulder blades. It
looked Oriental in origin. When he withdrew it
he found that it had been driven into the body
to the very hilt. The blade was a fraction over
. ae
PHOTOGRAPHIC MEMORY of Capt. James
O. Barker retained a description that enabled
him to spot a killer and prompt a confession.
23
continued
CARNAGE
nine inches long. He laid it to one side for later
and more detailed inspection and continued his
examination.
Ethel Mardorff, he found, had been stabbed 19
times. It made him wonder how the woman had
managed to keep up the struggle when she had
been so grievously wounded.
Next he began a systematic hunt for fingerprints
other than those of the victim. But in this he was
unsuccessful. The engraved handle of the death-
dealing dagger was smeared with blood, obviating
the possibility of any decipherable prints. The
walls of the room, the stair wall, where the killer
had evidently touched his gory hands in making
his descent, were also devoid of anything but use-
less smudges. Tracing the trail of blood down-
stairs, Barker found that it ended on the ground
immediately outside the house.
Questioning Mrs. Sewell, the ground floor ten-
ant, proved unproductive of any decisive facts.
She had heard, she told the officer, what sounded
like a struggle at around seven o’clock, but there
were no voices raised. Having in mind the fear-
ful wounds the victim had suffered, Barker asked:
“Didn't you hear any screams?”
“No, I didn’t. I didn’t even hear anything
that sounded like quarreling, so I paid no further
heed. Later, those sounds I’d heard began to grow
on me—and I phoned the police. Another reason
was that Mrs. Mardorff’s wolfhound kept on bark-
ing all the time. I was afraid to go upstairs to
look. That dog’s big enough to kill a man.”
Questioned further, Mrs. Sewell told the officer
that she didn’t know if Mr, Mardorff had accom-
panied his wife. She had not seen him. His wife
had opened the apartment recently, preparatory to
a winter's stay, but had volunteered no informa-
tion beyond that; and Mrs. Sewell had not ques-
tioned her.
Asked to look at the victim, she reluctantly
consented and immediately identified her as Ethel
Mardorff.
When asked if she had seen or heard anyone
enter the upstairs apartment that, afternoon or
evening, the tenant shook her head negatively.
Barker further found that the Mardorffs were orig-
inally from Nashville, Tennessee, where they spent
~~. when os) niente
24
the summers, Officers were sent to query other
neighbors but their quest was fruitless. No one
had heard any screams or any disturbance at the
time Mrs. Sewell reported her. disquieting con-
clusions; nor had anyone seen any suspicious char-
acters during the day or early evening. Further,
no one had seen Mr. Mardorff, whom they sup-
posed was still north.
Delving further into the Mardorff history,
Barker learned that Mardorff was a printer and a
student artist. Another neighbor supplied the in-
formation that he was also a heavy drinker—a
fact that she had learned during the previous
winter when the couple had ‘occupied their apart-
ment.
FLORIDA STATE PRISON
36056
Ocr t9TH 1941
“KNIFE WIELDER: Perpetrator of one of the most
savage and unnatural crimes in Florida's history.
5) EERERSEEESS
fi
SCENE OF MACABRE MURDER: Arrow points to room in which the victim's body was found.
Barker concluded that the woman had probably
been struck a blinding initial blow that had ren-
dered her partly unconscious, after which she had
beén easy prey for the infuriated killer. However,
judging solely by the appearance of the murder
room, the woman had put up a desperate fight in
defense of her life.
In the kitchen of the little apartment Barker
found a huge wolfhound. It had, apparently, been
locked in by the killer. Patting the great dog’s
head, Barker wondered how anyone could handle
so large and dangerous an animal—unless the dog
knew.and obeyed him. Certainly, from the dog’s
actions when released, it was evident that he would
have defended his mistress efficiently.
Dissatisfied with the findings s® far assembled,
Barker tried the neighbors again. And finally he
was successful in locating one woman who re-
called that she had seen a man run out of the
house around seven o’clock. She didn’t get a good
look at him, she told Barker, and: she didn’t
recognize him as it was getting -dark and the
distance was too great.
“Do you know Paul Mardorff when you see
him?” asked Barker.
“Oh, yes; I saw him frequently last winter,
but I haven’t seen him this season. The Mar-
dorff’s have been away for nine months.”
“Just what did this man you saw running look
like?”
“Well, just as I said, it was getting too dark.
He seemed about medium height. I’d say he was
medium age, too, and he had on a sort of checked
sports jacket.”
“T see. Any hat?”
“No, I don’t remember any hat. His trousers
were darker than the coat. That’s about all |
can tell you.”
“Suppose you were describing Mr. Mardorff,”’
persisted Barker. “(How would you describe him?”
The neighbor wrinkled her brow in thought.
“Well, I’d say that he, too, was of medium height
and age.”
“Can you elaborate on that description?”
“Mardorff’s a nice looking man,” she answered
thoughtfully. “He sometimes wears a sort of Clark
Gable mustache, and he has a high and wide fore-
head; a straight nose and (Continued on page 30)
SPORTCOAT from which killer tried
to eradicate’ telltale bloodstains.
MARDORE, Paul, elec. Fl.(Dade) Oct. 27 1941
in the
BEDROOM
by
MONTE GURWIT
SLOWLY, MENACINGLY, the figure advanced
toward the terrified woman — one hand reached for
her throat—the other hand held a razor-sharp knife.
(Specially posed)
COMPLETE
DETECTIVE cases
he’s rather thin-lipped with a firm
jaw. And as I said—medium height
and age—around 40 to 45, I’d guess.
Of course, I haven’t seen him since
last winter.”
Barker made note of the descrip-
tion and asked:
“Do you happen to know when
Mrs. Mardorff got back here?”
“Yes, I think it was was just about
a week ago.”
Barker thanked her and left.
Checking with Mrs. Sewell, he found
the two neighbors in agreement on
both the time of Mrs. Mardorff’s re-
turn and the description of her hus-
band. Further than that the trail
ended in a blank wall. No one knew
anything about the Mardorff’s inti-
mate affairs—except that Mardorff
sometimes drank too much. Unfortu-
nately no one knew if Mardorff had
accompanied his wife to Miami, or
if he was expected to join her later.
However, industrious officers, bound
on extracting the last drop of infor-
mation regarding the couple, had
ranged in an ever increasing circle,
questioning tradesmen, barber shops,
groceries and cafes. One detective
struck what seemed like a lead:
At a neighborhood motion picture
theater he had visited, he learned
from the cashier that she knew Mrs.
Mardorff. The little movie house ca-
tered to a local neighborhood trade
and knew its loyal patrons almost by
name.
Mrs. Mardorff came to the theater,
the girl told the officer, now and
then. She was a friendly woman and
always had a smile for the ticket
seller.
“Did she come alone?” asked the
officer.
“Sometimes. And sometimes she
came with a man,”
“Do you know who he was? Was
he Mr. Mardorff?”
The girl looked away, uneasy. ‘No,
sometimes she came with her hus-
band, and sometimes she came with
this other man. Mostly, -she came
alone.”’ ,
“Do you know who this other man
is—his name?”
But the girl didn’t know. She never
saw the man in the neighborhood
unless he was accompanying Mrs.
Mardorff to the movie. She described
him as a tall, good-looking, well-
dressed man, in his late thirties or
early forties. That was the best she
could do.
“T see so many people here every
day,” she explained, “that I don’t
pay much attention to anyone unless
I really know them. And it’s hard to
describe people exactly.”
The officer agreed and said he
would be back to talk to her further.
Then he reported his findings to
Barker. Checking immediately with
neighbors again, Barker refreshed
their memories enough to have them
recall that last winter there had been
a man who had occasionally taken
30
Continued from page 24
CARNAGE IN THE BEDROOM
Mrs. Mardorff out of an evening.
They had no idea if he was a friend
or relative, and so far as describing
him, they were as vague as the girl
in the box office.
With the introduction of a second
unknown man into the picture, the
complexities and possible motivations
of the case widened. Increased efforts
were at once instituted to learn the
identity of this mysterious third point
of the triangle. It was imperative that
the officers know Mardorff’s where-
abouts. The efficient Miami police,
accustomed to handling their own
crimes, plus the imported criminal
vagaries that must accompany hun-
dreds of thousands of winter visitors
each year, was fully equal to the task
of swift and efficient investigation.
The case had been moving fast and
darkness had settled over the semi-
tropical winter capital. Though Bark-
er’s keen eyes thoroughly took in all
the details of the murder room, he
had failed to pick up any clue that
might identify the killer. Two things
puzzled him: The fact that the victim
—according to the neighbors—had
not been heard to scream; and, sec-
ondly, that the big wolfhound had
evidently allowed itself to be locked
into the kitchen.
If the unknown second man, he
reasoned, was friendly enough to the
household to be an occasional escort
for the dog’s mistress, then it followed
he might know the animal well enough
to handle him—the other possibility
was that Mardorff was the guilty man
and had locked up his wife’s dog be-
fore attacking her. In either case,
Barker knew, he would have to locate
one of the men before he could get
much farther in his investigation.
In the closets of the apartment
hung male and female apparel; the
dresses were identified as the property
of the victim; the suits, in all prob-
ability, belonged to Paul Mardorff.
Yet, this did not indicate that Mar-
dorff was in Miami, since many winter
residents lock up their southern
abodes in the spring, leaving furni-
ture and light clothes to be used again
the following winter upon return to
the south.
The kitchen gave evidence of hav-
ing been used recently, as did the sup-
plies of food and fresh milk in the
refrigerator.
As darkness fell the Miami man-
hunters spread throughout the neigh-
borhood, seeking the one grain of in-
formation that would start them upon
a worthwhile clue. However, : there
was a singular lack of information
available anywhere.
Also, during the height of the win-
ter tourist season, many things hap-
pened in crowded Miami, and Barker
was informed that he would have to
make a trip to the Jackson Memorial
Hospital, where the unidentified vic-
tim of an automobile accident was
on the verge of dying. It was Barker’s
duty to get a statement from the man,
if possible, and so he reluctantly left
the Mardorff home to sandwich in this
call on his time.
~ At the hospital, he found Detective
Joel McNeill and Dr. J. D. S. Perrow
in attendance upon the unconscious
man. There had been nothing in the
victim’s pockets to. identify him, and
so another possible puzzle of violence
faced the shrewd-eyed Barker.
“T’ve been sticking with him,” Mc-
Neill explained, “hoping he’d come
to and tell us who he is; but he’s
still out.”
“Will he live?” Barker asked the
doctor.
Perrow shrugged. “Hard to say,”
he explained. “He’s in bad condition
and it’s a toss up whether he lives
or dies.”
The victim, Barker learned, had
been struck by a private car. The
driver violently disclaimed responsi-
bility for the accident. He had been
driving about 25 miles an hour, he
declared, when the victim had ap-
peared from nowhere and dashed into
his car. He was hurled to the pave-
ment and there had been no oppor-
tunity to stop the car in time. Wit-
nesses to the accident corroborated
the driver’s statements in full, insist-
ing.that he was blameless.
“Well,” declared Barker, “let’s see
if we can get a statement from the
victim.”
“Tf he ever wakes up,” added the
doctor.
Barker nodded and was led into
the room where the unconscious man
lay. His eyes were closed and he:
breathed irregularly. Barker eyed the
man sharply, trained faculties alert.
Somewhere he had seen this man
before, and,he puzzled over the vague
recollection that instantly assailed
him. But try as he would, his memory
refused the task.
He sat down, frowning over the
pale-faced auto victim, trying to re-
member; and suddenly the answer
flashed in his racing faculties. This
man resembled the description which
had been given him of Paul Mardorff.
He had never seen Paul Mardorff be-
fore, he realized now, but the descrip-
tion had been automatically filed away
in his mind. He turned to McNeill.
“Where did this accident happen?”’
he asked.
The detective consulted his notes.
“At N. W. 58th Street,” he answered.
“A few minutes after seven—it was
just getting dark.”
“Has he said anything at all?”
The doctor answered: ‘“He’s been
semi-conscious at odd moments, but
all he said was a meaningless jumble.
_ It would be difficult for him to be
coherent, because he’s a very sick man
right now. As I said, Captain, it’s a
toss up whether he lives or dies.”’
“Where are the clothes he was
wearing at the time of the accident?”
“They’re here,” answered McNeill,
“but there’s nothing in them to identi-
fy the man, Captain.”
“T wasn’t thinking of that,’ said
Barker. “I just want to see them.”
He was shown the rumpled and
bloody clothes the victim had worn
when run down, and a glance at the
sport coat confirmed Barker’s sus-
picions. This was Paul Mardorff. At
least one of the suspects had been
run down, literally speaking, who was
wanted for questioning in the violent
death of Mrs. Mardorff.
Barker sat down and waited. As
the minutes passed the man stirred
uneasily, muttering unintelligible
words. Finally came a moment of
complete consciousness when the
wounded man_ stared about him
blankly, his eyes coming to rest on
Barker.
“Hello, Mardorff,”’ greeted Barker.
“Feeling better?”
The patient’s stare was still blank.
“Can you tell me what happened
in your apartment this evening?”
asked Barker softly.
Mardorff’s eyes flashed to Barker
and a spasm of violent anger tinted
his thin cheeks. “That guy Gallet is
a snake,” he whispered. “Trying to
break up my home.”
‘Barker nodded. Mardorff had not
tried to deny his identity.
Encouraged, he went on to relate
a whispered tale of the violations
Gallet had visited upon his home. His
wife had seemingly encouraged the
attentions of the other man, and he
had been insanely jealous. All his
remonstrations had fallen on deaf
ears. His wife, he charged, had re-
turned to Miami before him to open
the house, but in reality, he affirmed,
te see Gallet, who had violated the
sanctity of his home.
He spoke of the torment he had
suffered and passion overwhelmed
him. Suddenly his eyes went blank
again and unconsciousness gripped
him, Unfortunately, his wife would
never be able to refute his one-sided
tirade.
“Go easy,’ warned Dr. Perrow.
“He’s in bad shape.”
Barker nodded, waiting patiently.
Finally, Mardorff again opened his
eyes. Remembrance flooded back to
him as he eyed Barker.
“What happened to the money?”
he asked, weakly.
“What money?” questioned Barker.
“Ethel had a lot of money in her
dresser, in the middle drawer. It’s in
the bedroom.”
“T’ll have a look,” Barker promised
soothingly. “It’s safe. Was Gallet
there tonight?”
Mardorff didn’t answer. “It was my
money,” he said, “and she wouldn’t
give me any. She spent it going
around with Gallet—” His faculties
wavered as unconsciousnes washed
over him again for a moment, but he
recovered swiftly. He seemed stronger
now. “She two-timed me,” he charged
bitterly, “so I let her have it.”
“Where did you get the dagger?”
asked Barker.
“Teor Triloune
~section
fEDNESDAY, MAY 13, 1992
Viartin |
, | a: :
dies in
eS
electric
139 |
chair
@ Nollie Lee Martin says
he is sorry for the grief he
caused the parents of the
woman he killed.
By JIM ROSS
Times Staff Writer
STARKE — The debate about
Nollie Lee Martin’s mental state
— and whether it was twisted
enough to spare him from Florida’s
electric chair — raged for weeks
before the execution finally went
. through Tuesday.
But if. Martin’s dying words
were any indication, he carried
clear thoughts about the Palm
Beach County murder that put him
on death. row.
“I guess I probably deserve
this for what I did,” Martin stated
after guards strapped him into the
electric chair. “I think my death
_ will give me relief from the torture
I’ve been through the last 15
years.”
“My suffering will be over ina
few minutes. I just hope that those
involved either emotionally, spiri-
tually or psychologically ... that
they can un-
derstand when [
I say I’m sorry. |
I truly mean |
it,’ he said,
adding that he ~
thought he was
insane when he
committed the
crime. |
He ex-: aaa
pressed sym-, Nollie Lee
pathy and hope Martin: “1
for his victim, guess |
atricia probably
Greenfield, deserve this
and her par- for what | did.”
ents,
“Maybe I will meet you in
heaven,” he said.
~ Moments later, Martin was ex-
ecuted, .
His attorneys argued that Mar-
tin was deranged and therefore not
eligible for execution under state
law, which says a person can’t be 5
executed if he cannot understand
the punishment.
Martin was quiet about 7:03
a.m. as guards escorted him into
the death chamber at the Florida
State Prison northwest of Starke.
He grimaced as guards' tight- -
ened the leather straps around his
midsection and arms. Martin
looked toward the ceiling twice
and glanced quickly at a prison
official who held a telephone line
that ran directly to the office of:
Gov. Lawton Chiles.
After his speech, a black veil
and leather hood were placed over
Martin’s face.
The state’s hooded execution-
er sent a 2,000-volt surge through
Please see MARTIN 6B
Martin from 1B
Martin’s body about 7:10. a.m.
Martin’s chest heaved out; his fin-
gers froze, their tips digging into
_ the oak chair’s arms.
Three minutes later, a doctor
confirmed the obvious: Nollie Lee
Martin, 43, was dead. 2
Martin was the 28th person
executed in Florida since the state
| resumed the death penalty in
———_________
1979,
Martin kidnapped Ms. Green-
field from’ a Cumberland Farms
‘convenience store in Delray
Beach, raped and stabbed her, then
dumped the body at a local landfill.
_ At the time, Martin was on.
parole in North Carolina, where he
had served five years of an 18- to
30-year sentence on charges that
he set a fire that killed three peo-
ple in an apartment building.
_ Last month, Martin’s attorneys.
circulated a 15-minute videotape
that showed the inmate speaking in
anguished tones about his life. He
was remorseful for his crime and,
according to his attorneys, showed
clearly he was a mentally troubled
man who deserved help.
The attorneys said Martin had
been beaten and sexually abused as
a child,-
“It has always been a battle .
' between is he faking ... or is he
really mentally ill,” said Steven
Goldstein, part of Martin’s legal
team.
Chiles viewed the tape but did
not grant clemency,
___ The original prosecutor wrote
a letter to Chiles asking that Mar-
tin be spared, saying Martin’s de-
ranged actions on the tape were
| similar to those he showed during
an interview after his arrest in
1977,
be hed bel uN 9 WOLLILE Lue & 3 W Nit ¢ $ € pe PS C e P La
Remorseful rapist-kille
By Larry Schnell
Staff writer :
STARKE — Nollie Lee Martin, 48,
was. executed yesterday’ in Florida's
electric chair after his attorneys ex-
hausted appeals for their argument that
he was mentally incompetent.
After Martin was strapped in the elec-
tric:chair at Florida State Prison, he ex-
pressed remorse for kidnapping, raping
and killing a 19-year-old college student
who was working as a clerk at a Palm
Beach County convenience store.
“I just hope that those involved emo-
tionally, spiritually, psychologically that
they can understand when | “say I’m
sorry, | truly mean it,” Martin said.
“I have shed many tears ‘over her
S Floude Times Onim
Slislaa 9. B/
oT
-— ee ee
—. oe ee
(From Page B-1)
‘prison, pronounced’ him dead at
7:13 am.
death,” he said.
Martin also spoke
to the victim, Patri-
cia Greenfield: ‘‘Pa-
tricia, maybe I'll be
able to meet you in
heaven because |
truly believe that is
where I’m going.”
- Defense attorneys
ey - argued — that
artin was mentally
incompetent and Martin
last week circulated a video showing
his erratic behavior,
Yesterday, flanked by two correctional
officers, Martin walked unsteadily to
the oak chair in the death chamber, sat
in prison. alt
One witness to the execution,
Benjamin Borello, worked for the
DOC when Martin was sentenced
“June 25,
' At 4:30 a.m. yesterday, Martin ate
little: of his last meal of steak,
‘baked potato with butter, fried ‘egg,
‘tossed salad, strawberry cheese-
cake, ice tea and coffee, Morris
said.
\. “He's been quiet, spending a good
‘deal of his time watching TV, read-
fing and chain smoking,” Depart-
‘ment of Corrections spokesman
‘Gene Morris said.
' Martin was executed for the
1977, murder of Ms.
‘Greenfield, a George Washington
‘University student working at a
‘convenience store in her home of
‘Delray Beach.
‘ Martin and his cousin Gary
‘Forbes robbed the store of $90 and
itwo cases of beer. They kidnapped
Ms. -Greenfield, raped her and
threw her body into a garbage
‘dump. Forbes was sentenced to life
14 years ago and interviewed him
for the presentencing investigation.
_“T recall when | interviewed him
14 years ago ... he didn’t show re-
morse,”’ said Borello, now retired.
Several protesters watched from
across the road as the hearse carry-
ing Martin’s body drove away. :
“It seems that to kill this pathetic
individual undermines all of our
humanity,” said Kathy Freeperson
of Citizens against the Death Penal-
ty.
Before. Martin was executed, his
attorneys, mental health leaders,
and the prosecutor who took his
confession 15 years ago lobbied
Gov. Lawton Chiles to. reduce the
sentence to life in prison. ~—
They argued that Martin was
mentally ill and did not understand
the relationship between his pun-
\O
ch) May 12, 1992
r electrocuted.
down and winced while officers tight-
ened leather straps around his legs,
arms, chest, waist and head.
After Martin’s three-minute final
statement, prison officials attached a
strap over his chin, and put on a head-
piece, electric wires, and a black veil to
cover his face. An anonymous execu-
tioner turned on 2,000 volts that ran
from his head to his right leg. |
Martin’s head jerked, his legs and
arms stiffened, and his chest heaved.
After the initial current, he remained
frozen. ' ;
Frank Kilgo, chief physician at. the
(See REMORSEFUL, Page B-2)
emorseful rapist-killer electrocuted
ishment and his crime. —
The 11th U.S. Circuit Court of Ap-
peals denied his last appeal but
stayed his execution until 7 a.m.
yesterday to give attorneys time to
appeal to the U.S. Supreme Court,
which refused to hear his appeal.
Martin survived death warrants by
former Govs. Bob Graham and Bob
Martinez. .
The courts have refused to ac-
knowledge that Martin was incom-
petent. In 1988, a federal judge
ruled that Martin understood his
sentence and was faking psychosis.
“I may not be insane right now,
but I was insane when I committed
this horrible crime,” Martin said as
he sat in the electric chair.
In his last words, Martin said be-
ing psychologically disturbed made
prison especially painful.
“T think my dying will somehow
give me relief to the torture I’ve
been through for the past
15 years,”’ he said.
Martin was the 28th person to die’
in Florida’s electric chair since the
death penalty was reinstated in
1979.
We
The Orlando Sentinel, Wednesday. May 13,1992 B-5,
College student’s killer goes to electric chair
ASSOCIATED PRESS
STARKE — Almost 15 years after robbing,
raping and killing a store clerk, Nollie Lee
Martin was executed in Florida’s electric chair
Tuesday after courts dismissed his tapntal-in-
competence claims.
“I may not be insane right now, bat I was
insane when I committed this horrible crime,”
the 43-year-old inmate said minutes before ‘a
black-hooded executioner turned a switch,
sending 2,000 volts through his body.
Martin was condemned for the 1977 murder
of Patricia Greenfield, 19, who was working a
summer job between college semesters. In a
rambling statement over several minutes, Mar-
tin apologized for the murder and said it was
torture living on death row
for 15 years before being ex-
ecuted.
“My suffering will be over
in'a few minutes. I just
hope that those who are in-
volved emotionally, spiri-
tually and psychologically
. can understand when I
“IT am truly sorry from the
bottom of my heart.”
He also spoke to the vic-
tim: “Patricia, maybe I’ll be able to meet you
in heaven because I truly believe that i is where
I’m going.”
Martin
When he finished speaking, a thick rubber.
flap was draped over his face. Prison superin-
say Lam sorry,” Martin said.
tendent Everett Perrin, supervising his first
execution, spoke briefly to Gov. Lawton Chiles
and then nodded to the executioner.
The only visible reaction from Martin was‘a
slight surge backward. His right hand balled
up, while the fingers of his left tried to dig into
the arm of the oaken chair.
The power was turned off at 7: Te a.m. After.a _
brief exam, Dr. Frank Kilgo declared Martin
dead.
Martin was under his fourth death warrant
for the June 26, 1977, slaying of Greenfield.
Martin also was convicted of setting ah
apartment-building fire that killed three ped-
ple in Guilford County, N.C., in 1972. He was
given 18 to 30 years in prison in that case, but
he was paroled after four.
|
!
!
BY BILL BRYAN
hould citizens be allowed to
carry concealed weapons on
the streets of Missouri? The state’s
house passed such a bill by a 110-
40 vote on April 1. But spurred by
the lobbying efforts of law-
enforcement officials, the senate
let a similar bill die in committee.
“I’m going to be back with it,
though,” said Democrat represen-
tative Joseph Driskill, who'd spon-
sored the bill in the house. “Mis-
sourians want the right to protect
themselves.”
Police officials were vehe-
ment in their
opposi-
tion. “The
idea is a
prescription
for murder
James Nel-
son, special
agent in charge
of St. Louis’s
FBI office. “A
lot of people are
going to have
guns under their
coat, in all types
of public places.”
“Kids will see
their relatives and
parents armed to the
teeth,” said St. Louis Police Chief
Clarence Harmon, “and a logical
extrapolation will be that they will
want to arm themselves.” He
called the concept “terrifying.”
John F. Ross, a St. Louis invest-
ment counselor and part-time gun
dealer, has been leading the effort
for a concealed-weapons law. He
said he and his group, Missouri
Citizens for Civil Liberties, are
concerned about today’s rising
crime rates, as exemplified by the
October 1991 massacre of 22 peo-
ple in Luby’s cafeteria in Killeen,
Texas.
r “The thing that really convinced
us that we needed to get a good
concealed-carry law,” says Ross,
“was a virtually identical incident
that came two months later in
Anniston, Alabama. At a
Shoney’s, three gunmen emptied
out the cash register, got all the
valuables, and were herding peo-
ple into a cooler to kill them. One
of the patrons had a concealed-
carry license and gun with him. He
shot and killed the first bandit,
seriously wounded the second, and
the third one fled.”
A total of 35 states allow citi-
zens to carry concealed weapons,
but the laws vary greatly. While
Delaware requires numerous,
time-consuming
steps to obtain a
permit, in Missis-
sippi anyone 18 or
older can have a
loaded gun in the
home, work-
place, or car; a
“permit is need-
' ed only to
carry a gun on
the street.
Some law-
enforcement
officials in
Florida—
which
passed a
<< as con-
Saat }4«(cealed-
===>" weapons
law five years
ago—say their fears about the
spread of violence have never
materialized. “I can’t think of a
single incident in this county
where a permit-holder’s gun was
used in a violent crime,” says Tom
Arnold, deputy director of the
Metro-Dade Police.
“From everything we’ve been
able to gather, people with the per-
mits are not out there committing
the crimes,” agrees Dean De Jong,
who runs the planning, research,
and records division of the Miami
Police Department. “The people
who do commit the crimes give
two hoots and a holler about a per-
“479
mit.
Bill Bryan covers crime for the
St. Louis Dispatch.
BY MICHAEL M. CHAMBERS
he videotape shows con-
demned murderer Nollie Lee
Martin rocking back and forth,
cradling his head, picking at his
skin.
Secretly taken at Florida State
Prison in December, the video
was intended to show that the
43-year-old
Death Row
inmate was
mentally
unstable
and unfit
for execu-
tion. Flori-
da law pro-
hibits capi-
tal punish-
ment for
the legally
insane.
Martin’s
lawyers, Richard Burr and Jenny
Greenberg, used the video dur-
ing appeals and submitted it to
Governor Lawton Chiles and the
State Clemency Board. They
later distributed it to journalists,
advocacy groups, and mental
health organizations. “We
thought it was not something we
wanted to keep to ourselves,”
said Greenberg, of the federally
funded Volunteer Lawyers
Resource Center in Tallahassee.
“We felt the people of Florida
had a right to see him...as a trag-
ically mentally ill person.”
Martin was convicted in the
kidnap, rape, and slaying of 19-
year-old George Washington
University student Patricia
Greenfield in 1977. Greenfield
was abducted in the robbery of a
Delray Beach convenience store,
where she had a summer job.
Martin and a cousin took her to
Martin’s apartment, where they
raped her repeatedly, then to a
dump, where Martin stabbed her
in the throat. The cousin, Gary
Forbes, was sentenced to three
life terms in prison.
A former prosecutor, Jack
Scarola, wrote to Governor
fo convivce
| "= 7
CRIME OOM aqist (4 2
Grimacing: Nollie Lee Martin fails
Chiles that he had helped inter-
rogate Martin after the
Greenfield slaying and, having
seen the videotape, now consid-
ered him mentally ill. Members
of the psychiatry department at
Johns Hopkins in Baltimore also
wrote the governor, arguing that
Martin was “clearly suffering
from a psychotic illness result-
ing in intense
perplexity,
paranoid
delusions, and
forma l
thought disor-
der.”
But the
novel defense
and pressure
from death-
penalty oppo-
nents—in a
state where
320 convicts
- are trying to stay out of the elec-
tric chair—didn’t work. The
video “did not change my
mind,” said Governor Chiles. On
May 12, after four death war-
rants, 15 years on Death Row,
and numerous appeals all the
way to the Supreme Court, Mar-
tin kept his date with Ol’
Sparky, as Florida’s three-
legged electric chair is known.
Martin’s behavior belied the
claims of insanity. Minutes
before a black-hooded execu-
tioner sent 2,000 volts through
his body, he apologized for the
murder and said, “I may not be
insane right now, but I was
insane when I committed this
horrible crime.”
He added: “My suffering will
be over in a few minutes. I just
hope that those who are
involved emotionally, spiritually
and psychologically, can under-
stand when I say...1 am truly
sorry from the bottom of my
heart.”
Crime reporer Michael M.
Chambers, wrote about
Aileen Wuornos in April's
CrimeBeat.
Photo: J. Sylvester (left)
.
\
S 4 € ‘
MADDOX, Ed., and THOMAS, Emmett, blacks, hanged Pensacola, Florida, 8-20-1915,
. ees EXECUTION. e
"Ed. Maddox and Emmet Thomas, colored, both of whom had been convicted of taking
human life, were legally executed at high noon yesterday in the county jail buildings
Sheriff A. Cary Ellis personally spring the trapa in the case of each execution, the
negroes having been hung separately. Although they were both pronounced dead in
18 and 17 minutes respectively, they were both allowed to remain suspended in ¥Ka
midair for a full 25 minutes, and at the expiration of that time, both were cut dowr
and their remains were at o'clock in the afternoon given burial in the potter's
fieldg Before their bodies were removed from the undertaker's shop, where they had
been transported for the pauper burial, it is possible a couple of thousand white
and black people viewed the remains, During the morning curiously inclined people
by scores began to assemble in the vicinity of the county jail. Probably not more
than half a hundred persons were witnesses to the execution, but the morbidly cur-
-lous crowds persisted in remaining in the vicinity of the county building tintil the
bodies, encased ‘in plain boxes, were brought forth and conveyed to the undertaker's
shop for later preparation and burial, Both the darkies, after an exceedingly rest-
less hast night on earth, were astir early yesterday morning, and seemed to enjoy
the wreakfast served them, They were exceedingly careful in donning the new suits
which the sheriff had provided for each of them, and they were also very careful
about the adjustment of ties, collars, etc., and in donning the new underclothing,
also, it was noted that the negroes were exceedingly tasty. They were clothed for
their deaths two hours before they went to their doom,.and spent most of the morn-
ing with their spiritial advisers, who were Xevs, Wood and Jones, negroes, At
11:53 o'clock Emmet Thomas was led out of his cell to the gallows by Sheriff Ellis
and Jailer O'Neal, Deputy Sheriff E. F. Rice, under instructions from the sheriff,
cuffed his Rands and feet and tied his arms, Sheriff Ellis then asked him if he
had anything to say before he was put to death, whereupon Thomas said: 'I want to
say tothe people that I feel all right. I know } feel better than you people do,
because I know I am going to meet God in heaven, and I hopes you will meet me there,
Yes, sir, I hopes to meet you all in heaven. I.want to say that I have been treated
good while I was in this jail, Mr. Ellis has bee good to me and Mr. O'Neal has
treated me fine, «I hope God.blesses them. I hope this will be a warning to
everybody, I want to say that fast life and bad company has got me where I am to-
day, but I amready to goe I will meet you in heaven, Come death, make this fatal
blow.e! Sheriff Ellis then adjusted the rope about his neck, and, after asking Dr.
Kennedy to see if it was all right, then placed the black cap over his head and
drew the draw strings and tied them, He then took his place by the window at the
lever and when the bell of the city began to strike the hour of 12, he asked the
darkey if he was ready. From beneath the black hood came an audible assent,
and when the third stroke of 12 had tapped, the negro's body shot into space, He
hung 17 minutes and was then pronounced dead. He was allowed to hang a dozen
minutes longer and the body was then cut down. The other darkey, Maddox, showed
much more nerve than did the preceding one, , for he took his place on the trap,
calmly surveyed and addressed the crowd of witnesses, and calmly told of the 'acci-
dent' which had resulted inthe killing of the white man, for whose déath he was
being made by the state to pay the penalty as he should be, He directed his remarks
ARERERMXAXXZXE particularly to 3 male relatives of his victim, who stood near,
their eyes glued to the floor. Maddox was hung at 12:45 remaining on the gallows
for about 25 minutes. Sheriff Ellis showed no signs of nervousness over his un-
pleasant official duties in this case, and did the work well, Several in the crowd
commended him personally for the manner in which he had performed his sworn but
exceedingly unpleasant work." JOURNAL, Pensacola, Florida, August 21, 1903 (3/1&2)
DAY BEFORE EXECUTION,
"Ed, Maddox and Emmet Thomas, negroes, condemned to death and scheduled to go to
the gallows today at noon, said yesterday they were resigned to the fate which
awaited them, Neighter said they had any hope of reprieve. ‘All I want to say,’
said Thomas, 'is that I want to meet all the people in heaven, where I am going. I
was angry, was mad, when I did what I was convicted of, The woman made me mad by
beating me out of money and giving it to another man. I am sorry, very sor ry, for
it now, but it is too late. I hope the people will see it that way, and I want
them to know that I feel no fear of going to my fate,’ Thomas said that his —_
name was Thompson, and that he was over 30 years of age, but was not just sure how
old he waSe
j
690 ‘Fis.
{10-12] As one of his points involved
on the appeal, counsel for appellant states
that “It was error for the court to allow
the state attorney to introduce evidence of
the defendant’s bad character where the de-
fendant had not placed his good character in
issue.” Under this point it is argued that
the admission of evidence showing the use
of an alias by the appellant, and evidence
that appellant had purchased in Las Veyas,
Nevada, the gun found on him at the time
of the arrest, together with the evidence of
the other crimes referred to above and ap-
pellant’s escape from jail, constituted re-
versible error. The testimony as to the pur-
chase of the gun was admissible to show the
falsity of the appellant’s statement as to
how and when he came into possession of
the gun. The evidence that appellant regis-
tered under an assumed name at a Miami
Hotel on the night preceding the shooting
and refused to re-register on the night of
the shooting, although paying for his room,
was not objected to by counsel for the appel-
lant. The only objection came when the
registration book was ollcred in evidence,
which was objected to on the ground that
there had been no proper predicate. This
objection was properly overruled; and it is
clear that the evidcnee was not so prejudi-
cial as to require this court to hold the trial
judge in error for failing to exclude it, sua
sponte, on the ground now urged, nor to
hold that its admission constituted reversible
error, even though its relevancy and proba-
tive value may have econ slight.
The appellant also challenges here the
giving of instructions Nos. 3 and 6 re-
quested by the State and the denial of ap-
pellant’s requested instruction No. 5.
In this connection it should be noted
that Rule 6.7, subd. g of the Florida Appel-
late Rules, 31 F.S.A. relating to criminal ap-
peals provides as follows:
“Formal exceptions to rulings, orders
or charges of the court are not neces-
sary to support the assiyminents or cross
assignments of error provided for by
these rules; but for all purposes for
114 SOUTHERN REPORTER, 2d SERIES
which an exception has ever been nec-
essary, it is sufficient that a party, at the
time that the ruling, order, or charge of
the court is made, or sought, makes
known to the court the action which he
or tt desires the court to take, or his or
its objcction to the action of the court
and his or its grounds therefor; and,
if a party has no opportunity to object
to a ruling or order at the time it is
made, the absence of an objection shall
not thereafter prejudice him.” (Em-
phasis added.)
Under Rule 6.16 Ibid., the appellant court is
required to “review all instructions to which
an objection was made and which are al-
leged as a ground of appeal * * *, The
court may also in its discretion, if it deems
the interests of justice to require, review
any other things said or done in the cause
which appear in the appeal record, including
instructions to the jury.”
[13] Although he had ample opportu-
nity to do so and did, in fact, object to other
instructions requested by the state, counsel
for the appellant made no objection whatso-
ever to the State’s requested instruction No.
3. The only objection made to the State’s
requested instruction No. 6 was that it was
“too gencral and too indefinite”. It is now
contended that instruction No. 3 was not
predicated upon the evidence and that in-
struction No. 6 was not a correct statement
of the law nor predicated upon the evidence.
We have, however, considered both instruc-
tions and have concluded that, as to in-
struction No. 3, the evidence was sufficient
to justify such charge. As to instruction
No. 6, appellant cannot be heard to say that
it was not supported by the evidence, since
one of his own requested charges, No. 2,
given by the trial judge, related to the same
matter; and, as pointed out by the trial
judge in ruling on defense counsel’s objec-
tion to the State’s requested instruction No.
6, any uncertainty in the State’s requested
charge was clarified by the appellant’s re-
quested charge No. 2, given immediately
after the State’s instruction No. 6. We find
COOK v. CENTRAL & SOUTHERN FLORIDA FLOOD OON. DIST. Fla. 691.
Cite as, Fla., 114 So.2d 601
no reversible error in the giving of the
State’s requested instructions Nos. 3 and 6.
[14] As to the alleged error in refusing
to give the appellant’s requested charge No.
5, this charge was covered by the general
charge, so we find no error in its denial.
Counsel for the appellant also contends
that the evidence was insufficient to support
a verdict of murder in the first degree. He
argues that appellant had many opportuni-
ties to shoot Sgt. Stahmer, yet did not do
so; that appellant did not know that Lt.
Staab was a police officer, since he was in
plain clothes, and thus could not have been
motivated by a desire to escape capture,
even at the cost of taking a life; that the
evidence showed that appellant fired at
Staab from his hip, without taking aim, so
that there was no evidence that appellant in-
tended to kill Staab; that appellant’s gun
still contained three live shells at the time
of his capture, so that he could have killed
Stahmer also, if his intention had been as
contended by the State.
[15,16] No useful purpose would be
served in re-stating the evidence recounted
above. It suffices to say that the jury had
the right to find that, even if appellant did
not known that Lt. Staab was a police ofh-
cer, he knew that Staab was coming to the
rescue of Sgt. Stahmer, whom he knew to be
a police officer; that, until Staab’s arrival
on the scene, the appellant had the situation
well in control so that these was no necessity
to shoot Sgt. Stahmer; and that appellant
intended to kill Staab even though he fired
at Staab from the hip without bringing the
gun up and pointing at him. The fact that
only an instant elapsed between appellant’s
discovery of Staab and the fatal shot does
not negative a premeditated design to effect
his death. “‘It is not necessary that such
purpose and intent to kill another human
being shall exist for any particular length of
time; it is sufficient if between the forma-
tion of the purpose or intent to kill and the
act of killing there elapses enough time that
the slayer is fully conscious of a deliberate
purpose and intent to kill another human
being * * *’” Daniels v. State, Fla.
1959, 108 So.2d 755, 759, quoting Snipes v.
State, Fla.1944, 154 Fla. 262, 17 So.2d 93, 97.
Nor are we impressed by the fact that ap-
pellant’s gun contained live ammunition at
the time of his capture. There was evidence
from which the jury could have found that
appellant tried at least once to shoot Stah-
mer before hastily departing from the prem-
ises. And, in the circumstances shown by
this record, the fact that appellant did not
exhaust his supply of ammunition against
Stahmer does not, in our opinion, conclu-
sively negative a premeditated design to kill
Staab. We conclude, therefore, that this
issue was properly submitted to and re-
solved by the jury.
Finding no reversible error and that the
evidence was sufficient to support the ver-
dict and judgment of murder in the first de-
gree, the judgment appealed from should be
and it is hereby
Affirmed.
THOMAS, C. J., and TERRELL, DREW
and THORNAL, JJ., concur.
Emerson C. COOK, Incompetent, and Shirlee
E. Cook, as Curator of the Estate of Emer-
son C. Cook, Incompetent, Appellants,
v.
CENTRAL AND SOUTHERN FLORIDA
FLOOD CONTROL DISTRICT, a public
corporation, Appellee.
No. 1129.
District Court of Appeal of Ficrida.
Second District.
Sept. 30, 1959.
Action by a drainage district to re-
cover money damages for breach of a writ-
688 Fla.
the hall. It was about two-thirty in
the morning, and he said, ‘I am a
police officer. What are you doing in
the hotel?’ and he said that he thought
they were on to him for robbing the
Fontainebleau Hotel, so he started tus-
sling with the man, and he said he was
an officer, and he went down, and
in the course of this struggle the gun
that he had was discharged.
“He pulled the gun and this gun went
off. So, he overpowered this police-
man and he was down, and as he
Started to get up, another man came
around the hall—irem around the
corner, and he statcd that he ‘took aim
at him and shot him right between the
eyes, and he went down like a champ,’
and then he said he got up on his feet
and he turned around and looked at
the other fellow on the floor and he
shot at him three times and ‘the son-of-
a-bitch kept moving, or I would have
hit him, because he was the only wit-
ness to the thing,’ and then he ran out
of the hotel and got in his car and got
caught in the two roadblocks.”
On cross-examination Ferguson said he
was not sure that the appellant told him he
“took aim” but reiterated that appellant
said he shot “the fellow comung around the
corner between the cycs”.
(1] Other state’s witnesses identified ap-
pellant as the person who had robbed some
guests at the Fount ‘eau Tlotel on the
night of October 2oth, just five days prior
to the shooting of Lt. Staab. Defense coun-
sel objected vigorous!ty during the trial to
the admission of this testimony, as well as
that of Ferguson relating to the Pountaine-
bleau robbery, recounted above, on the
ground that evidence of an unconnected, in-
dependent crime was not admissible agaist
the appellant. The trial judjse’s admission of
such evidence was assiyied as error, and it
is here contended that such evidence is not
within any of the exceptions to the general
rule of inadmissibility of such evidence al-
legedlv adhered to by this court in many
114 SOUTHERN REPORTER, 2d SERIES
cases cited. We have some doubt that this
contention could be sustained, even under
the old rule relied upon by appellant, Cf.
McVeigh v. State, Fla.1954, 73 So.2d 694,
695; Talley v. State, 1948, 160 Fla. 593, 36
So.2d 201, 204. This rule has, however,
been recently restated by this court in an
opinion by Mr. Justice Thornal in Williams
v. State, Fla., 110 So.2d 654, 663. In that
opinion the rule was analyzed, the previous
decisions of this court were reviewed, and
the following rule was adopted for the fu-
ture guidance of the bench and bar:
“* * * evidence of any facts rele-
vant to a material fact in issue except
where the sole relevancy is character
or propensity of the accused is admis-
sible unless precluded by some specific
exception or rule of exclusion. This
rule we hold applies to relevant similar
fact evidence illustrated by that in the
case at bar even though it points to the
commission of another crime.”
Earlier in the opinion it was said: “Our
view of the proper rule is that relevant evi-
dence will not be excluded merely because
it relates to similar facts which point to the
commission of a separate crime. The test
of admissibility is relevancy. The test of
inadmissibility is a lack of relevancy.”
[2] It is clear that Ferguson’s testi-
mony and the evidence of the Fountaine-
bleau robbery were relevant to material
facts in issue here, that is, the motive and
intent of the appellant in shooting Staab.
Such evidence showed that his motive for
shooting Lt. Staab was to avoid being taken
into custody for a robbery committed by him
just five days previously and was relevant to
the question of whether appellant was guilty
of murder in the first degree, as charged in
the indictment, or some lesser degree of
homicide. It was thus clearly admissible
under the rule of Williams v. State, supra.
[3-5] Applying this test of relevancy to
the other evidence admitted by the trial
judge over the objection of counsel for the
appellant. the admission of which is as-
MACKIEWICZ v. STATE Fla. §89
Cite as, Fla., 114 So.2d 684 ,
signed as error here, it must be held that no
reversible error has been made to appear.
The evidence that a 1957 Ford Sedan with
a 1E license tag was stolen from a residence
near the Balmoral shortly after the time of
the shooting there, when considered in the
light of the testimony of the officer who, in
response to a radio call, apprehended ap-
pellant while he was driving a car of that
description, related to the appellant’s flight
from the vicinity of the crime, which is “a
circumstance of guilt to be considered by
the jury under appropriate instructions.”
Noeling v. State, Fla.1949, 40 So.2d 120, 121.
The discrepancy between the officer’s de-
scription of the car as two-door and that of
the custodian of the stolen car, a rental car,
as four-door, was not called to the attention
of the trial judge at the time these witnesses
testified nor at the close of the State’s case,
at which time counsel for the appellant
made an oral motion to strike the testimony
as to the theft of the car on the ground that
the State failed to prove that the car driven
by appellant when he was arrested was the
stolen car, and also an oral motion for mis-
trial because of the admission of this and
other evidence as to other crimes committed
by appellant. We have no doubt that the
trial judge would have stricken the evidence
relating to the theft of the car if this dis-
crepancy had been called to his attention
and the State had been unable to correct the
discrepancy. In these circumstances the
appellant’s contention that the trial judge
committed reversible error in admitting and
refusing to strike the evidence as to the
theft of the car cannot be sustained.
[6] It is conceded by counsel for the ap-
pellant that the State was entitled to show
that the appellant escaped from the Dade
County jail, and rightly so, since it is well
Settled that evidence that a suspected person
in any manner endeavors to escape or evade
a threatened prosecution, by flight, conceal-
ment, resistance to lawful arrest, or other
€x post facto indications of a desire to evade
Prosecution, is admissible against the ac-
Cused, the relevance of such evidence being
based on the consciousness of guilt inferred
114 So.2a—44
from such actions, See Blackwell v. State,
1920, 79 Fla. 709, 86 So. 224, 15 A.L.R. 465;
Cortes v. State, 1938, 135 Fla. 589, 185 So.
323, 327; Daniels v. State, Fla.1959, 108
So.2d 755.
[7,8] It is contended on behalf of ap-
pellant, however, that the State went too
far in showing the details of the escape and
in exhibiting to the jury the rope made
from mattress covers down which the ap-
pellant and other prisoners slid from the
twenty-third to the seventeenth floor of the
Dade County jail. There can be no doubt
that the manner in which an arrest is resist-
ed or an escape is effected has some bearing
on the weight to be given by the jury to
such evidence in reaching its decision as to
the guilt or innocence of the accused, and
we know of no case in which such evidence
has been excluded. See Wharton’s Crim-
inal Evidence, 12 Ed., § 206, p. 424; cf.
Carr v. State, 1903, 45 Fla. 11, 34 So. 892.
Accordingly, the appellant’s contention in
this respect cannot be sustained.
{9] The appellant also charges that re-
versible error was committed when the
State’s witness, Ferguson, in response to
an inquiry directed to him by the trial judge
as to the time of his conversation with the
appellant in the Dade County jail, said:
“Well, they brought him in in the
morning, and he thought he recognized
me, that he had known me from some
place else, and he asked me if I had ever
been in San Quentin, and I told him,
‘Yes, I have.’”
Ferguson’s reply was promptly stricken
upon motion of the appellant. Moreover, on
cross-examination of Ferguson, counsel for
the appellant asked Ferguson, “You said he
picked you out of all the people in the jail?”,
to which Ferguson replied, “He started talk-
ing to me and asked me if I had ever been
in San Quentin.” Counsel for appellant did
not object to this answer nor move to strike
it or challenge it in any way. It must,
therefore, be deemed to have been admitted
into evidence by consent.
THE TALLAHASSEE DEMOCRAT, 7 August -1961, Monday, page 1. ’
Was Sentenced Here
- Rapist Executed
At State Prison
RAIFORD—A 28-year-old Miami
man died in the electric chair at
the state prison here today for
the rape of a 10-year-old Talla-
hassee girl.
Robert Wesley Davis died calm-
ly after saying ‘‘this execution
is a prime example of the State
of Florida wiping out one of its
mistakes. From the age of seven,
I lived in a state institution, and
from 12, they knew I was-a homo-
sexual but they gave me no help.”
Also executed this morning was
Norman J. Mackiewicz, who was
convicted of killing a Dade Coun }
ty policeman.
Davis, who at the time was un-
employed and looking for work
here, raped a young girl in a
wooded section west of town. A
eempenion with him was also ar-
rested but later was released.
The girl was not otherwise
harmed. |
Mackiewicz, 35, has been in the
death house here for three years.
He tried unsuccessfully during the
1961 legislature to get Florida's
capital punishment law repealed.
Just before he died today he
men died calmly after ..
statement to the 30 wit-”
This is the last execution for rape in Florida.
x
wea us GALIBID Ws» ~
‘Aasoclated Prose: + ak ete ‘Maitin; 35, ie ee Cs first,
‘MIAMI, Fla. — A federal judge “death warrant for the. June’ 1977
. granted a ‘24-hour stay Wednesday ‘ slaying of Patricia Greenfield, who.
- to killer Nollie Lee Martin, who had: “was robbed of $90, kidnapped f from.
ee | ced execution this morning. for @ Palm. Beach. County store and
s the 1977 stabbing death. of 4. ‘who later died-of stab wounds.’
. sree venience-store clerk. ii: --«.,.Dobbert, 46, was condemned .in
a #2 chief US. District judge James "497 974 for. the December 1971 murder’
om tr tLawrence King of Miami denied” aS of his 9 -year-old daughter, Kelly,
: ieee of habeas corpus and grantéd. "He — was. convicted. “of
+> ithe stay so Martin’s attorneys, tould second-degree murder in. the. 1972 -
oe I an appeal with the. 11th U'S.!*death of his. ‘T-yeat-old son, ‘Ryder
SeCireuit | Court of Appeals in Atlanta.:>* Scott.) -! |
; a also convicted ‘Dobbert,
' Betsecording. to Richard Burr ‘“and:.who had been scheduled: to die.
z No ‘Michael Mello, Palm Beach County,’ ve ‘today at 7 a.m., of child abuse and
be fy auiatant puvlic defenders’. TF epre-y) Schild uate related to the beatings
‘Eecpentin artin of two of is other chi ren?"
3X. #3 «Th Singing the writ! whitch sought: * On Tuesd tto for Mar
o*) roe “Martin’ 3 telease, the judge in effect’. at d Kin ay, ‘ tate t for de ;
“QO. istruled that Martin’s constitutional ». tin to ing that as te judge
< 2 ye sights i in state courts had not been =. : was halos ite to smine thé defen-
3 m +5 violated, allowing defense attorneys., aoe ologist to examine —
at xa 6-tb appeal in federal court. .° ibe a.
sa s, Oey age < Meanwhile, _ appeals beard i in“ : Defense attorneys claim Martin’
—& XY Atlanta said it will hear arguments -;: “gulfers from brain damage."
nig Y E todayin the case of killer. Emest sj’ “Recanted : testimony: of « -Erriest
= TeJehn Dobbert Jr., whose execution “John Dobbert. III, Dobbert’s son
~e Pv also had been set for this morning. ‘andthe state’s chief. witness in his
e$Thé court on Tuesday granted :; father’s original trial, was the basis
£Dobbert a 27-hour stay, effective for the. appeal to ‘the three judge’
‘ecuntil Friday at 10 a.m.. panel in Athanta, RR OS:
e death warrants, which would have me went hypnosis. and * “was drugge
: ‘Pezesil Ited in the first double éxecu-:!
A +1965, expire: at noon Friday fo for both, oth,
"pt; youth recanted his statements —
emi vent. a ae
ie. is father was convicted... :
: fi Florida. Gov. Bob Graham eae: The son, 13 at the time, ‘under-”. |
:? before testifying: that’, his ‘father |
killed his brother and sister: The
Teste e
Child-Killer = ee i
“In Florida’s Electric Chair ae
; Starke, Fla. |
- With a final wink at his
‘rninister, Ernest John Dobbert
_ “was executed yesterday for the
“torture-murder of his 9- -year- .
-old daughter.
“Ernest Dobbert has been’ exe:
cuted because of his brutal actions
toward his own children,” Governor -
Bob Graham said in a statement..
‘Dobbert, 46, winked at his min-
ister and his former public defend-
er moments before a mask was
placed over his face and a black-
hooded executioner delivered a 90- ~
second surge of 2000 volts.
He was convicted of first-de-
gree murder and sentenced to die in
1974 for strangling his 9-year-old
daughter, Kelly Ann, ons Dees Blin WP 0g:
3
"1971. He “also was convicled of Fé
second-degree murder,for, the1972.-"
death of his'son; Ryder: Scott, 7athe: ov
torturing of his oldest son, Ernest
_ John Dobbert III, who was then 11,"
and abuse of his daughter, Honore, - a
who was 5 at the time. got at eS
His public. defenders. blocked
éxeditions in 1981 and 1982, but lost a
a final appeal early yesterday in they.
; Uz S; Supreme Court on a 6-to-3 vote:s: ss!
Dobbert, “who ‘often participate =
ed in prison. Bible. studies, said ina |
1980 clemency request that he had x
been abused by his own’ father::
while growing up near Milwaukee.
Dobbert was a “punished child +
who grows up to-be a punishing‘ ¢
adult,” his attorney, Pat Doherty, | t
said in a ane? appeal. r
‘i crs Associated Préss:
T “poke
S& Petershurs “Jimne s
Wed. 9-5=04 ~ p 2B
(Fz)
{ z. r)
rm
as:
Federal court stays'c child killer's
execution, scheduled for Thursday:
United Press Internation!
STARKE — A federal appeals panel stayed on Tues-
day the execution of child killer Ernest John Dobbert Jr.,
who was scheduled to be electrocuted Thursday with
another Florida killer who says he can’t remember his
crime.
Dobbert, convicted of killing two of his own children,
was granted a stay of execution by three judges of the
11th U.S. Circuit Court of Appeals in Atlanta until 10 a.m.
fe Friday “or until further notice of this court.” ~
- * Dobbert’s death warrant expires at noon Friday.
LAWYERS FOR Nollie Lee, Martin, the other man
scheduled’ to, die Thiirsday in the’ nation’ 8 first double
execution in 19 years, went before U.S. District Judge
James King in Miami. King took the case under advise-
ment and said “you'll be hearing from me.” -His clerk
» indicated the ruling would come today.
Martin is on his first death warrant, and none of the
_ Seven men executed in Florida since 1976 has died on his
first warrant.
' Attorneys for Dobbert, 46, took their case to the
Atlanta court after a federal district judge in Jacksonville
refused late Monday to stay the execution of the man who
says he is a born-again Christian.
Dobbert, who has escaped two previous death war-
rants, was sentenced to die in 1974 for strangling his fraM,
9-year-old daughter. He also is serving a life sentence for
beating his 7-year-old son to death.
Martin, 35, was convicted in the 1977 kidnapping aid’
murder of a ay Beach convenience store clerk. The
clerk was forced to Martin’s home and sexually assaulted
before being taken to some woods, where her throat was,
slit, according to trial evidence. . ee
-Martin’s attorneys contend he was siffering fro
alcohol-induced psychosis when the killing occurred ant’
has no memory of killing the clerk.
“If he did it, he can accept his execution,” ‘publig.
. defender Michael A. Mello said. es:
DOBBERT, WHO brutally assaulted all four of his
children during periodic rampages, admitted burying ths.
bodies of his daughter Kelly Ann and son Ryder
makeshift graves.
But Dobbert now claims the girl choked to death aud
the boy simply dropped dead two months later.
Dobbert was convicted on the testimony gi taatarreae
and nearly blinded son, Ernest John Dobbert Il, who
said he witnessed Kelly Ann’s murder. Defense attorney¥*
say the boy's testimony was warped by hypnosis treats: |
ments and mind-altering drugs. The boy was reported ta
have later recanted his testimony.
‘
TALLAHASSEE +s iFlettrocu-
tions ANAS SF rernled Septl'6
for Ernest J. Dobbert: Jr. and
Nollie L. Martin. Dobbert, 46,
was convicted in the 1971 tor-
ture-murder of his 9-year-old
Jaughter. Martin,..35, stabbed
j ‘o deatti’a store *tlerk'in'1977. |
tea een”
G-9-F4
USAR Teday
wee TALLAHASSEE — ‘ne |
state Supreme Court refused:to -
block the Sept. 6 electrocution
-of Ernest J. Dobbert Jr, 46.,He
was convicted in the beating —
atid torture deaths of his 2 chill-
: Se ae
dren in the early 10s. FU .
—f-24- FF
USA “Today
before US. District Judge James King -
STARKE, Fla. UPI) —Vawyerk
looked to appeals courts today to: alts
the electrocution of two convicted Kill.
ers Thursday in the nation’s first, ous
ble execution in 19 years. a
» Ernest John Dobbert Jr. is scheds.
uled to die in the electric chair fort 16
murder of his $year-old daughter, and.’
Nollie Lee Martin, 36, is condemned |
‘for the slaying of a convenience store’
clerk he kidnapped and raped during ||
_ arobbery. pees, A
A Florida prison spokesman said
the executions would begin at-7. am. |
Thursday, but didn’t know ‘which in-
mate would die first. The last double
execution in the United States took
place in Kansas in 1965:
US. District Judge Susan Black de- -
nied.a stay of execution for Dobbert
last night and lawyers appealed to the
lith USS. Circuit Court of Appeals in
Atlanta SK Chamsnee —
Martin, whose appeal was rejected
unanimously by the Florida Supreme
Court last. week, was to get a hearing.
SGA Fran cAscea
ZKAMMINER,
7-4-4
today in Miami.
Dobbert, who has escaped two pre*}
vious death warrants, was sentenced:
to die in 1974 for the strangulation of [
Kelly Ann Dobbert. He also was sen- r
tenced to life in prison for the death of |}
his 7-year-old son, Ryder... Fae 6 |
Martin, a native of Tabor City, N.C.,
was sentenced to die for the 1977 slay-
ing of Patricia Greenfield, a clerk who |
was kidnapped from a Delray Beach,
=
ae
Tuesday. In, Atlanta, a federal appeals
hour stay to Ernest John Dobbert Jr., 4
Gov. Edwin Edwards granted a 14-day
Usp Jed
Knighton Jr. — less than eight hours befo
be electrocuted for killing a gas station operator.
Florida’s electric chair Thursday. A decision on a requested: -
stay for killer Nollie Lee Martin, 35, — also scheduled to die -
Thursday in Florida — is expected today. In Louisiana,
reprieve to Earnest |.
re Knighton wasto |,
x=
oer
2 murderers win 's
Fla., store and raped.” - k
SU NVEL
+, n KE sit
TN exe RHE Sp kse est J.
Dobbert ane n take place
anytiriie'a er 10 a.m. today, a:
federal judge ruled. Dobbert,
was convicted of the 1971 beat:
ing and torture.murder of his
daughter. Nollie Lee Martin, ,
35, won a temporary stay of ex-
ecution for the 1977 stabbing
Cl
P°
Al. 7-5 -FY¥
We Sentinel
Orlando
¢
e
°
os
)
mt)
e
.
A
°
| ‘inmate Nollie Lee Martin.
4, .
wee
Lary 1
The state
<Dobbert gets
Stay until at
least Friday
, GOMPILED FROM WIRE REPORTS
"MIAMI — A federal court Tues-
“1day delayed the execution of Er-
‘nest John Dobbert Jr. until at
‘ ‘least Friday. Dobbert was sched-
uled to die Thursday, along with
‘A three-judge panel of the 11th
‘U.S. Circuit Court of Appeals in
, Atlanta issued the stay after Dob-
~'bert lost an appeal in federal
court in Jacksonville.
me! che Ny
L
78
Dobbert’s
death warrant
expires at
noon Friday.
a Meanwhile,
Martin’s pub-
lic defenders
asked chief
U.S. District
Judge James Lawrence King of
‘FLORIDA
‘Miami for a stay of execution.
‘King said he would rule today.
‘Dobbert, 46, was sentenced to
die for the 1971 slaying of his 9-
‘year-old daughter, Kelly. He also
- was convicted of second-degree
murder in the 1972 death of his 7-
‘year-old son, Ryder Scott.
‘+ Martin, 38, is under his first
* death warrant for the 1977 mur-
‘der of.a convenience store clerk
in Palm Beach County.
t
straining Herndon’s trade and the |
company has lost $150,000 as a_
result. Herndon is asking that,the
court order the county to renew |
its operating license. |
Commissioners said that Hern- |
don, which Idus Willis sold to Ru-
ral/Metro Corp. of Scottsdale,
Ariz., in late June, did -not' bid on
the exclusive franchise.
Brother's insanity plea
will lead to treatment - _
SANFORD — A judge will ask
several psychiatrists next week
for suggestions on the best treat- .
ment for John Ernest Ansley, who
says he was insane when he killed
his sister.
Circuit Judge Dominick J. Salfi
accepted Ansley’s plea last week
and scheduled a hearing for Mon-
day to decide whether Ansley will
be institutionalized and for how
long. Ansley is in the Seminole
County jail. ; |
Ansley, 40, 848 Miles Ave., was
charged with strangling Mary
Ansley, 51, a psychiatrist, in her
home April 28. .
Police in Sumter County said
Ansley confessed to the killing
while being questioned in Bush-
nell about a traffic accident there.
pe i, ae a
- “presse for the protection of human life by
MATHIS, Oe
falsehood, either of hope, interest, or fear
will be temoved, and the awful nature of
the situation will be presumed to impress
him as strongly with the necessity of a
gtrict adhorence to truth as the most sol-
emn obligation of an oath administered in
a court of justice. This necessity is a pub-
He one of which civilized society feels the
the punishment of mahslayers. Wharton on
Hothicide (8d Ed.) pp. 973-975. See Gardner
¥. State, 55. Fla. 25, 45 South. 1028, and the
numerous decisions by this and other courts
therein cited. By the great weight of au-
thority such dying declarations are limited
to criminal prosecutions when the subject-
matter of the investigation is the declarant’s
death. 2 Wigmore on Evidence, pp. 1801,
1802;.:Wharton on Homicide (8d Ed.) 972.
In many states it is held that, “although
two persons killed were shot in the same
fight, the dying declarations of the one are
not, as such, admissible in evidence on the
trial of the slayer for the murder of the
other.” 4 Blliott'on Evidence, § 3032; Un-
derhil] on Crim. Ev. (2d Ed.) § 106.
‘'Ti the ease of State v.. Bohan, 15 Kan.
407, the. facts were these: A little before
4 o'clock a. m. on the 3d of November, 1874,
‘the appellant shot Thomas Anderson and
William N. Anderson. The shots, four in
number, were fired in rapid succession; but
a brief time intervening between the first
and last shots.. Of the wounds then inflicted
‘Thomas : Anderson died almost instantly
without uttering a word. William N. An-
derson lived about 17 hours, and some time
‘about noon made the statement admitted as
a dying declaration. ‘The appellant was
tried on an information for the murder of
Thomas Anderson only. On these facts the
question arises: Can the dying declaration
‘of one person be received as proof of guilt
‘against a ,party charged with murdering
‘some other person? The court then exam-
ines: the question and concludes that the
evidence of the dying declaration was im-
‘properly admitted., In the opinion the cases
of State v. Terrell, 12 Rich. (S. C.) 321, and
State v. Wilson, 23 La. Ann, 558, which are
cited in. the brief of the. Attorney General,
in the case at bar, are referred to as against
the weight of. authority and not supported:
by reason, though these cases involve the
killing of more than one person. by the
same act. See, also, the English nisi prius
case of Rex v. Baker, 2 Moodly & Robin-
son, 58, and in support of the general rule
see Hudson v. State, 3 Cold. (Tenn.) 355;
State v. Fitzhugh, 2 Or. 227; State v. Med-
licott, 9 Kan. 257; Mora v. People, 19 Colo.
255, 35 Pac. 179; Brown v. Commonwealth,
73 Pa. 321,13 Am. Rep. 740. ‘Also, see the
important note to the case of State v. Meyer,
O65) N. J. Law, 237, 47 Atl. 486, in 86 Am.
PUTT 2)
Ma) :, ; MATHIS v. STATE © 541
Rep. 666, the case of State v. Terrell, 12
Rich. (S. C.) 821, and State v. Wilson, 23
La. Ann. 558, are referred to as having been
criticised in other jurisdictions, and as
against the weight of authority. See, also,
Mitchell v. Commonwealth, 14 S. W. 489, 12
Ky. Law Rep. 458, and 4 Ency. Ev. p. 944.
[2] The contention is also made by the
state that, if the dying declaration of John
Whittington cannot be admitted in evidence
as such a declaration, yet it was proper as
a part of the res geste. We are unable to
agree with this view. This declaration was
made several hours, perhaps four or five,
after the shooting. John Whittington had
seen and spoken to one or more parties be-
tween the time he was shot and the time
the declaration was made. It does not ap-
pear that he was not in the possession of
his faculties, and there had been ample
time for him to think over the whole trans-
action. This declaration cannot therefore be
said to have been made under such circum-
stances aS will raise a reasonable presump-
tion that they were the spontaneous utter-
ance of thoughts created by or springing out
of the transaction itself, and so soon there-
after as to exclude the presumption that
they were the result of premeditation or de-
sign. Lambright v. State, 34 Fla. 564, 16
South. 582; Vickery v. State, 50 Fla. 144,
88 South. 907. Leave out of the case the
dying declaration of John Whittington, and
the evidence bearing on the guilt of the de-
fendant is conflicting. No one can tell what
the verdict would have been if it had not
been received.
There is another assignment based on a
remark of the court made when the dying
declaration was admitted in evidence. As
it is not probable that this question will
arise on another trial, it is unnecessary to
discuss it in this opinion.
The judgment below is reversed.
WHITFIELD, ©. J., and SHACKLE-
FORD, TAYLOR, and COCKRELL, JJ.,
concur,
=—_
i (68 Fila, 21)
MATHIS et al. v. STATE.
(Supreme Court of Florida. April 23, 1912.)
(Syllabus by the Court.)
1. Witnesses (§ 337*)—CrepIBILITY—CHAR-
ACTER—COMPETENCY OF EVIDENCE.
In a criminal prosecution for murder where
the defendant is a witness and is asked by his
counsel if, prior to that time, he had ever been
charged with any violation of law or had any
trouble, such questions may be excluded when
their relevancy is not shown, since they go to
particular facts not in issue and not to the
general reputation of the defendant.
[Ed. Note:—For other cases, see Witnesses,
Cent. Dig. §§- 1118, 1129-1182, 1140-1142,
St. Rep. 665, 666. In this note, 86 Am. St.
1146-1148; Dec. Dig. § 337.*]
*for other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
'
|
‘
i
|
9
m4
Le ws
7
|
July 19. 1
| @ " & on JULY “9
hanged at Marianna, Jackson Co., Fla.,
ML THLd 9 Obe 9 nansea a
SPECIAL SESSION BOARD
OF PARDONS HELD TODAY
Commutation of Sentence
Mathis, Charged With Murder,
q Will Be Considered
TALLAHASSEE, Ma., July 16— }
(Special).—On Tuesday, July 16, the!
Pardon will Btve a re-hear- |
'Obe Mathis |
fami)}y: quarrel,
the parties were residents of Jack- |
s0n county. The Case was appeale3
‘judgment and
to the Supreme Court, w re the
sentence of the lower
court were affirmed. |
On June 11, an application for
commutation of the’ death sentence
imposed upon Sam and Obe Mathis |
Was submitted to the Board of Par. |
dons. After carefy] conalderation, |
the Board commuted the Sentence of |
imprisonment, de- |!
inled the application for commutation :
death
lObe Mathis.
sentence Imposed Upon |
MARIANNA,
Mathis, convicted
‘Sam Mathis, for the
Jackson county,
was hanged
The rdon board cone
ae Ptagt fo!
Fla, July 19.—Obe|
with his father, !
murder cor tkafus |
on Welbru- |
nere this
of the ayed if1th-
put refused to Ine
tcase of the boy.! 9),
542
2. CrmInaL Law (§ 1086*)—Weit or ERROR
—BILL oF EXCEPTIONS.
An affidavit in support of a ground of a
motion for new trial should be evidenced to the
appellate court by being incorporated in the]
bill of exceptions,
[Ed. Note—For other cases, see Criminal
Law, Cent. Dig. §§ 2736-2769, 2770, 2772,
2794; Dec. Dig. § 1086.*]
8. CRIMINAL Law (§ 1159*)—WriT or HRROR
—REVIEW—SUFFICIENCY OF HWVIDENCE.
Where there is ample. evidence to sustain
a verdict, and there is nothing to indicate that
the jury was not governed by the evidence, the
verdict will not be disturbed.
{Ed. Note.—For other cases, see Criminal
Law, Cent. Dig. §§ 3074-8083; Dee. Dig. §
1159.*]
Error to Circuit Court, Jackson County;
J. W. Perkins, Judge.
Sam Mathis and another were convicted of
murder in the first degree, and bring error.
Affirmed.
Lewis & Buford and Smith & Davis, all
of Marianna, for plaintiffs in error. Park
Trammell, Atty. Gen., and C. O. Andrews,
of Tallahassee, for the State. '
WHITFIELD, C. J. The plaintiffs in er-
ror were convicted of murder in the first de-
gree and took writ of error.
[1] At the trial the court excluded the fol-
lowing question asked the defendant Sam
Mathis by his counsel: “Have you ever,
prior to this time, been charged with any
violation of law?’ The court also excluded
the following questions asked the defendant
Obe Mathis by his counsel: ‘Have you ever
had any trouble prior to that time?” “Have
you ever been charged, prior to that time,
with any violation of the law?”
These questions related to particular facts
that do not appear to have been relevant to
the issue being tried,.and were properly ex-
cluded. Whether the defendants had pre-
viously violated the law or had trouble is
not shown to have had any bearing on the
question of their guilt or innocence of the
offense charged. The questions asked do not
go to the general reputation of the defend-
ant, and the particular issues of fact tender-
ed by the questions were not within the
purview of the issues being tried.
{2] The ground of the motion for new tri-
al that intoxicating liquor was used by the
jury when considering their verdict cannot
be passed upon, as there is no evidence in
the bill of exceptions to support the motion.
The affidavit of a juror as to the use of beer
and whisky in the jury room, copied into
the record proper, cannot be considered as
evidence of a matter in pais, even if the
affidavit of a juror is competent evidence
for the purpose and the statements therein
could affect the verdict rendered.
[3] There is ample evidence to sustain the
verdict, and there is nothing to indicate that
58 SOUTHERN REPORTER
(Fila.
in reaching their verdict, even if the af-
fidavit above mentioned be considered.
“The judgment is affirmed.
TAYLOR, ‘SHACKLEFORD, COCKRELL,
and HOCKER, JJ., concur.
as
(68 Fla. 387)
CITY OF TAMPA et al. v. PRINCE.
(Supreme Court of Florida. April 23, 1912.)
(Syllabus by the Court.)
1. MUNICIPAL CORPORATIONS (§ 73*)—TaAxa-
TION—LIMITATION OF PURPOSE.
It is within the province of the Legislature
to declare what is a municipal purpose; and a
duly enacted statute designating a municipal
purpose is subject only to the provisions and
principles of organic law.
{[Ed. Note.—For other cases, see Municipal
Corporations, Cent. Dig. §§ 177, 178; Dec. Dig.
2. MUNICIPAL CoRPoRATIONS (§ 73*)—Taxa-
TION—LIMITATION OF PURPOSE.
Where a statute expressly authorizes a city
to raise by taxation funds ‘“‘necessary to main-
tain a_public library in ‘said city” (Acts 1911,
ce. 6402, § 14), the maintenance of such a libra-
ry is a municipal purpose not excluded by or-
ganic law, and any proper action taken by the
city to effectuate the designated purpose within
the prescribed limits is authorized.
{Ed. Note.——For other cases, see Municipal
6 aaa Cent. Dig. §§.177, 178; Dec. Dig.
8. MUNICIPAL CORPORATIONS (§ 268*)—PUBLIO
PROPERTY—LIBRARY.
, The authority given the city of Tampa by
section 14 of chapter 6402, Acts of 111, to
maintain a public library. necessarily includes
authority to establish one.
{Ed. Note—For other cases, see Municipal
serpyrations Cent. Dig. § 717; Dec. Dig. §
4, MUNICIPAL CoRPORATIONS (§ 958*)—PUB-
Lic PROPERTY—LIBRARY.
Chapter 6199, Acts of 1911, a general law
authorizing cities and towns to establish and
maintain free public libraries and reading rooms,
does not expressly or impliedly repeal the pro-
visions of chapter 6402, Acts of 1911, a special
law, authorizing the city of Tampa to raise by
taxation funds to maintain a public library in
said city.
[Ed. Note—For other cases, see Municipal
Corporations, Cent. Dig. §§ 2028-2087; Dec,
Dig. § 958.*]
Appeal from Circuit Court, Hillsborough
County; F. M. Robes, Judge.
Suit by R. M. Prince against the City of
Tampa and others. From a decree for com-
plainant, defendants appeal. Reversed.
G. E. Mabry and C. C, Whitaker, both of
Tampa, for appellants, H. S. Hampton, of
Tampa, for appellee.
WHITFIELD, C, J. This appeal is from
a decree enjoining the city of Tampa and its
officers from contracting to purchase a lot
in the city and from incurring indebtedness
for plans and specifications for a library a
the jury was not governed by the evidence
building to be erected on the lot, and from
*For other cases see same topic and section NUMBER in Dec. Dig. & Am, Dig. Key No. Series & Rep'r Indexes
By AL BORT
Herald Wight City aeéner
JACKSONVILLE Eyes
|that showed the way for one
man to kill and another man
{0 rape today light the world
for four Innocent minds.
“And they will never know
it," vowed the doctor who made
it possible. “They must never
know St."
—
“These eyes now serve a
worthwhile purpose. Belleve
| St. Vincent's Hospital corrt-
dor. “But (t's fos an adoption.
It ta better for the adopting
couple never to know who the
real parents are.”
Complete eyeballs were lift-
ed from the electrocuted bod-
tea of Norman Mackiewicz and
Robert Wesley Davis, and hur.
ried here: Then « tiny patch
of skin across each cornea was
taken and transplanted into
one eye each of four persons
who previously could not. see.
“Tt's like gw clouded window,”
the doctor explained. “We re-
move !t and put in a new pane,
It's clear again.” ;
The eyes are not damaged
in any wry by the electric
curreat, he eald.
“The less said about these
things the better. It might
mean serious complications for
these people if they knew.”
He would not tell the. age,
4 Blind Eyes See
that,” he sald, standing in a |
-and before his dinner, Mack-
a
occupation or sex of the pa-
tlents, but explained that a
healthy eye can be changed to
nearly any healthy body.
“These things have great
appeal for the public,” he
said, “but it is bad because !t
raises too many false hopes
for blind persona, Less than
five per cent of people with
*y6 trouble could beneflt from
this type operation.”
“Getting the eyes {s not as
difficult as finding a patient
who would benefit by them.”
-A second doctor described
the operating physician as one
of the state's best known in
thls field. The eyes were offer-
ed to him because of this rep-
utation, the doctor said.
After the operating doctor's
regular office hours “Monday,
lewiez and Davis had complet-
ed a better deed In death than
they had done in life.-
Miami Herald Aug 8, 1961 p.2-c
Mpectal Ta The Miami News
RAIFORD PRISON — A World.
War Ii hero who later killed a!
Bal Harbour officer and a Miami-!
an who raped a child died in the
clectric chair today, each de-
nouncing Florida justice with his
last breath.
¢
t
“My death accomplishes noth-; -
ing except my own death.” cried |
Norman J. Mackiewiez, 35, the
killer, just before the sw itch was!
thrown, =” . |
“This is a prime eximpell of the
state of Florida wiping out one of |
its mistakes,” said Robert Wes- -
ley Davis, 28. the rapist, when it,
came his turn to go.
EXECUTION BACKLOG |
Thus the state began working |
on a grim backlog of executions |
held over from the administration -
of Gov. Collins. who signed no
death warrants during his last
months in‘office. Twenty-five oth-
ers remained in death row after
Mackiewiez and Davis walked the:
| . i,
last me
The men went to their deaths.
with cutward calm. Mackiewicz, |
who made his battle to escape.
the chair a crusade agninst cap- ,
itah punishment, read his State.
ment, kissed a cross and had a.
neod put over his head- just aft."
er 8:30 am.
The switch was thrown at 8:38,
As he strained against the straps
of the chair, a lé6w hum filled
the otherwise quiet room where:
30 persons watched. | ‘
ONE MINUTE ° a
The current was left on a min:
ute. Then a gecdnd charge was
administered. ,
on
After a brief interyal a doctor
examined Mackiewicz and pro-
nounced him dead at 8:43 a.m.
oe
[rae NEwSL Boy 3 aT air
Dade Cilla Eapist Die 5
In The Electric Chair 7
| out ‘Mackiewicz on a stretchat
and then: the sad-faced, pudgy
| Davis. was placed in the chair. -
He watched intently .as =
fixed the straps.
Ld
The switch was thrown for Da-.
Vis at'8:55 and five minutes later .
she. Was pronounced dead. '
LONG STATEMENT
' Mackiewicz had made a lengthy
Statement but in’ such a low voice
,that most of it ‘could not be
\ heard except by Paiste officials
‘near him.
!
He reiterated previous States |
Continited “on Page SA, Col. 2.
Continued from Page 1A
ments that capital punishment ac-
complished nothing toward the
betterment of society. During his
three years in death row he had
written each of Florida's 13 legis-
lators by hand urging that elec-
trocution be suspended or abol-
ished.
In his hattle for life, he had
a wartime baddy. Joseph Amerein
1 of Memphis, Tenn.. testify before
‘the parole board how Mackiew-
'Phillippine beachhead.
WAR MEDALS
' the Bronze Star. He also was
wounded in action and received
the Purple Heart.
|
|
iez dragged him to safety on, a
|
For that Mackiewicz received.
aie %
But @ Gary found later that |
Mackiewiez killed Lt. Robert | @eaem
Staab, a father of four, in cold
blood when the Bal Harbour of-
ficer found him prowling the al
moral Hotel in 1957,
He showed his reckless courage
by shinnying down a rope made
of mattress cover, strips from the
23rd floor of the Dade County jail
to the 17th, while awaiting trial.
He was recaptured after four
days.
LONG RECORD
Davis had a long record as a
sexual pervert and spent most of
his youth in institutions. He plead-
ed guilty to the rape of a 10-year-
old Tallahassee girl in 1959 and
drew the death penalty. The
Florida Supreme Court later call-
ed the sentence “incomprehensi- |.
ble but did not intervene.
Charging that the state was
““wiping out its own mistake,”
Davis said just before he died
that “from the age of 12 they |.
knew I was a homosexual but they
gave me no help.”
Today's were the first execu-
tions since June 20, 1960 when a
James W. Brooks of Palm Beach
County, went to the chair.
- se
The 30 witnesses in the gray
walled electrocution chamber in-|!
cluded the 12 réquired by law, |"
one a woman, guards, prison of-
ficials, a priest and newspaper-
men,
Ghat
THE FLORIDA TIMES-UNION (Jacksonville), Tuesday,
August 8, 1961, page 18.
COP KILLER, RAPIST
Death Penalty, State Laxity
_ Hit by Two Before Execution
RAIFORD, Aug. 7 (M%—Two men died in Florida's electric chair today, one
' protesting capital punishment and the other blaming the state for his fate.
The condemned men, 35-year-old Norman Mackiewicz and 28-year-old Robert
| Wesley Davis, made brief last statements shortly before guards pulled a black
rubber mask down over their faces in the State Prison death chamber.
| Mackiewicz died for the fatal 3
| shooting in October 1957 of Police | would be buried tomorrow in the 30 or more Witnesses in the 20
‘La. Robert Staab in a Bal Har- | prison cemetery. by 25 foot chamber. —
‘pour hotel corridor; Davis for| At the request of the two men,. The guards finished their task,
‘the rape of a 10-year-old gir! at Dr. John Simpson, prison sur- stepped back and Mackiewicz be
Tallahassee. , geon, removed their eyes immedi- gan talking. His words at first
<p, ately after the execution. They could not be heard. Then he
a oe aie oe a orst had specified one eye each be raised his voice.
‘ried out undér death watrante ; “ven to four blind persons for ‘My death accomplishes noth-
by Gov. F Bryant | cormeal transplants. . ‘Ing except my death,’ he sad.
signed by Gor, "| Mackiewiez, frowning slightly “I would like to thank Mr. Sin-
Mackiewicz, a wounded combat a, guards brought him into the clair, Father Daughery and oth-
; veteran of World War 0 Who . execution chamber, watched in- ers for their many kindneases,””
was decorated for saving a dud- tently while two-inch leather be added. ;
dy’s life under fire, was the: strang were buckled around his! A Roman Catholic priest, Rev.
first to die. Davis, a camival'arme, chest and legs, binding C. F. Daugherty of Starke, who
worker from Miami who admit inim tightly to the oaken death accompanied both man into the
ted being a sexual pervert, Was chair, death chamber, stepped forward
the second. Occasionally as the guards ad-'and extended a small wooden
Neither body had been claimed | justed the straps and attached cross. Mackiewicz kissed it.
: this afternoon and Prison Supt. } the electrodes to his leg, Mack-: Guards placed the mask over the
| DeWitt Sinclair said if no other | iewics would smile and make condemned man's face, adjusted
‘arrangements are made, they: some comment inaudible to the jt and stepped back.
The switch was thrown for
ithe first time at 8:38 a.m. and
he was declared dead five min-
utes later.
Davis, who like Mackiewics
wore a gray suit and white shirt,
also spoke to the guards while
they were strapping him into the
' chair, When they had finished he
sak:
“Gentlemen, this execution is a
prime example of the State of
| Florida wiping out one of its
mistakes. From the age of seven
I lived in a state institution,’ he
said, ‘‘and from 12. they knew I
, i was a homosexual but they gave
:me no help.”
He too was pronounced dead in
five minutes.
Macklewics has a father in
California, but prison officials
said they had heard nothing from
him, Davis has a mother, aister
and uncle in Miami. His mother
| and uncle visited hin yesterday,
oo —_—"
of
ire oD a ed 9
im vwm > Tat 4
ANU 2° Lid iis vv
elec. FL (Dade) 8/7/1991
THE FLORIDA TIMES-UNION (Jacksonville),
Monday,
7
August 196l, page 20.
Cop Killer, Rapist Are Slated
To Die Today in Electric Chair
RAIFORD, Aug. 6 (UPI) — War hero Norman Mackiewicz and Robert Wes-
ley Davis, a convicted rapist, are scheduled to die in Florida’s electric chair to-
morrow, the former after years cf legal maneuvering to escape the death penalty.
Mackiewicz, 35, who won the bronze star for heroism in the Philippines in:
World War II by defying Japanese machinegun fire to drag a wounded buddy to
cover, was sentenced for fatally shooting a police officer in a Bal Harbour hotel
in 1957.
Davis, who psychiatrists called
& pséycopathic homosexual, was
condemned in 1959 for the rape
of a 10-year-old girl in Tallahas-
see. He will be the second white
man to be electrocuted in Florida
for rape.
Attorneys for both men have
!
; carried their clients’ casas to the! kiewicz had gone to the hotel to’
Florida Supreme Court and Mae-jrob the cashier.
kiewicz filed petitions to the U.S. While aw trial, Mackie
Supreme Court without success. ! wies and anther prisoner made
Both men are slated to die ata Spectacular escape from the
8:30 a.m, EST, but Prison Super- | 23rd floor of Dade County's Court-
intendent DeWitt Sinclair has de house- jail.
clined to reveal which man will] 31e and Howard Piccott sawed
be the first to sit in the prison’s through bars on a» cell window
electric chair, located only a {eW' and hung out a rope woven from
yards down the hall from the! mattress covers. They descended
prison’s “‘death row. hand-over-hand: to the 19th floor,
It will be the 186th and 187th! kicked in a window, crawled back
electrocutions since Florida be-finto the building and ascaped
gan using the electric chair in/down a Stairway. Both were cap-
1924. tured a few days later.
Mackiewicz, born fn New Brit- Mackiewicz had several brushes
ain, Conn., considered becoming | with the law before Staab was
& priest in his youth. He changed | slain. His attorneys pictured him
his mind, however, and joined the! as ‘‘a brave soldier who never
Army as an infantryman in World| got the war out of his system.”
War I, compiling a briltiant com- Davie, of Miam!, was described
bat record with the 163rd In- by his lawyers as the son of a
fantry Regiment. Strip tease dancer who married
He was convicted of slaying Po- | seven times. They said his mother
lice Lt. Robert Staab in a corri-| never had shown interest in him,
dor af the fashionable Balmoral | even when he was convicted of
Hotel on Oct. 31, 1957, Staab’s assaulting the child in 1959,
partner, Sgt. Joseph Stahmer,| The attorneys eaid he was try-
picked Mackiewicz out of a line- ing to molest’ two young boys ac-
up as the prowler who shot down companying the rape victim and
Staab during a gun battle in the; was in a frenzy when he com |
hotel. The state contended Mac-! mitted the act against the girl.
abt Acton! cP Pe!
URGENT ACTION PROGRAM OFFICE * P.O. Box 1270 « Nederland, CO 80466-1270 « 303-440-0913 « FAX: 303-258-7881
t Further information on EXTRA 43/92 (14 April 1992) 14 May 1992
and follow-ups of 30 April 1992 and of 7 May 1992 -Death Penalty =
USA (Florida): Nollie MARTIN |
Nollie Martin was executed in Florida’s electric chair on 12 May 1992,
five hours before his seven-day death warrant expired. Nollie Martin
suffered from severe mental illness throughout his life and required
constant medication for paranoia, hallucinations, psychosis and deep
depression. He was born into great poverty, and was subjected to
physical and sexual abuse throughout his early life.
In 1978, Nollie Martin was convicted of the murder of Patricia
Greenfield. At the time of the crime he was not receiving medical
attention for his illness, and had been drinking alcohol.
Amnesty International believes that Nollie Martin’s execution
contravened United Nations Economic and Social Council (ECOSOC).
resolution 1989/64, adopted in May 1989, which recommends
",..eliminating the death penalty for persons suffering from mental
retardation or extremely limited mental competence, whether at the
stage of sentence or execution."
FURTHER RECOMMENDED ACTION: Please send faxes/express & airmail letters
- expressing deep regret at the governor’s failure to intervene to stop
the execution of Nollie Martin and your belief that no interests of
justice were served by the execution of one so mentally impaired;
- citing Nollie Martin’s very serious mental illness and Amnesty
International’s belief that his execution was in contravention of UN
ECOSOC resolution 1989/64 which calls on states not to execute persons
suffering from mental retardation or extremely limited mental
competence;
- urging the state of Florida to lead the nation away from the use of
the death penalty by seeking alternative punishments that are more in
keeping with the principles and values of a civilized society.
APPEALS TO: [Salutation]
The Honorable Lawton Chiles
Governor of Florida
State Capitol
Tallahassee, FL 32399-0001 (FAX: 1 904 487 0801)
ef COPIES OF YOUR APPEALS TO:
Miami Herald
Miami Herald Publishing Co.
1 Herald Plaza
Miami, FL 33101 ) (FAX: 1 305 376 8950)
PLEASE SEND APPEALS IMMEDIATELY.
LSaM 3HL JO ADIOA AHL
apIuoaly ors1ULIy URS |
waneneses f
Milrdere Exécuted.’
In Florida
-Starke, Fla. — —A man who raped,
‘ robbed and murdered a. college
student was executed in Florida’s
electric chair yesterday after
courts dismissed his claims of men-.
_ tal incompetence.
Nollie Lee Martin, 48, had been
condemned for the 1977 murder of
Patricia Greenfield, 19, who was
working a summer job as a conve-
nience store clerk.
Martin was the 28th person e: exe-
cuted in Florida since the:state re-
| sumed the death neon? in 1979.
P™ es eres i A
} _ WEDNESDAY, MAY 13, 1992"
: [poe
. Florida electrocutes
killer of student
: STARKE, FLA. A Florida’ man was |
‘executed 1 in the electric chair Tuesday
for the 1977 kidnapping, rape and mur-
der of a college student who worked as a
store clerk, a prison spokesman said. »
The man, Nollie Lee Martin, was
strapped into the wooden. chair at the
‘Florida state prison after exhausting
-court appeals that sought to overturn his
sentence on grounds that he was mental-
ly incompetent. . :
Martin was the 28th insite enbestad
in Florida since the state reinstated.the
‘death ‘penalty in the 1970s, - sprion.
“> spokesman Paul Decker. said... i
“He gave a lengthy statement just
- before the execution, in ‘which ‘he spol cf
ized. apd said bewy ders
aS sileiiceg”
MAY 12, 1992
LS3M 3HL JO 3DdIOA aH I
woh? osnuviy ULE
32
Murderer Executed
In Florida
-Starke, Fla. — A man who raped, .
robbed and murdered a college
student was executed in Florida’s
electric chair yesterday after
courts dismissed his claims of men-
tal incompetence.
: Nollie Lee Martin, 43, had been .
condemned for the 1977 murder of
Patricia Greenfield, 19, who was.
working a summer. job as a conve-
nience store clerk.
Martin was the 28th person exe-
cuted in Florida since the state re-
sumed the death penalty in 1979.
WEDNESDAY, MAY 13, 1992
| Pp De
TUTTE.
| -Man executed |
“In electric chair
raped, robbed and mur-
dered a college student
was executed in Florida’s
electric chair yesterday
petence.
“I may not be insane
sane when I committed
this horrible crime,” 43-
year-old Nollie Lee Martin
_. Said minutes. before a
es black-hooded executioner
, turned a switch, sending
-- 2,000 volts through his
~ body. |
By Tribune news services
Mie on sens Gerke Fi ate a i ese
:
FLORIDA
g F *, Wiig :
’ STARKE — A man who ..
a
_after courts dismissed his.
_ Claims’ of mental incom- :
right now, but I was in- ©
7~ mr Mm ten me oe
t
A-10 (1 Wednesday, May 13, 1992
%
i *
eg
bata FAN
A
2
NE... |
OAKLAND TRIBU.
ae eee
Associated Press
: STARKE, Fla. — A man who
raped, robbed and murdered a col-
tegé.student was executed in Flor-
das electric chair Tuesday after
¢purts dismissed his claims of
fhental incompetence.
‘J may not be insane right now,
but I was insane when I commit-
ted: this horrible crime,” said 43-
year-old Nollie Lee Martin.
«Martin was condemned for the
1977, murder of Patricia Green-
field, 19, who was working a sum-
mer | ‘job as a convenience store
erk.
$In' a rambling statement that
iasted several minutes before the
execution, Martin apologized for
the murder and said it was tor-
ture: living on death row for 15
years before being executed.
My suffering will be over in a
mF
Bak
‘lorida executes woman’s killer
few minutes. I just hope that
those who are involved emotional-
iy spiritually and psychologically
. can understand when I say I
am sorry,” Martin said.
The Supreme Court: had cleared
the way for the exectition Monday,
unanimously rejecting two appli-
cations for a stay of execution and
one petition requesting a review of
Martin’s case.
Greenfield, a George Washing-
ton University student from Boyn-
ton Beach, was working at a store
in Delray Beach when Martin and
his cousin walked in, grabbed two
cases of beer and robbed the store.
They kidnapped her and drove to
Martin’s apartment where Martin
and Gary Forbes, the cousin, both
raped her. Martin then strangled
her and stabbed her repeatedly in
the throat.
Forbes is serving a life term.
SEE a TI RE SSE SG:
The Sacramento Bee Final e Wednesday, May 13,1992 A7
~_
}
i
6
eo ae ae
ee eg ae ee eee
pe
gn ene ee
ig ns Sage ae
dccdgsl nclagss ela sal H Sain bs gS te
194 Fla.
any meaningful degree that we have given
this petitioner the process due him under
the Constitution. I thus must conclude
that, even if the trial judge decided this
case on the papers alone, he thereby
abused his discretion. Indeed, the proce-
dure employed in this case involves proce-
dures substantially similar to those found
offensive by Ford. 106 S.Ct. at 2605 & n.
3.
Finally, I note that the majority has de-
cided the issues presented by this case in
less than a day. This is so even though
there is much dispute over the degree of
incompetence that would render the death
penalty constitutionally improper and enor-
mous variation in the way different states
approach the question. See Ward, Compe-
tency for Execution: Problems in Law
and Psychiatry, 14 Fla.St.L.Rev. 35, 59-68
& n. 146 (discussing various approaches), &
101-107 app. (1986). Nor is there any
agreement over a constitutionally proper
procedure to be followed in reaching the
determination of competency. Id. at 74-84
& nn. 222-235 (discussing various ap-
proaches.) The fact that Ford rests on the
eighth amendment necessarily implies that
some uniform minimum standard for decid-
ing these issues must apply throughout the
nation. Given the enormous complexity of
these issues, the newness of Ford, and the
clearly unsettled nature of the law, I fail to
see how we can reach this decision in a few
hours’ time, without benefit of properly
researched briefs and argument based on a
thorough evidentiary hearing.
I cannot help but note in conclusion that
if courts treated civil cases in the same
manner as this death penalty appeal, the
reverberations of the civil bar’s outcry
would shake the walls of the proverbial, if
not actual, halls of justice. It is pure
whimsy, however, to so speculate since civil
lawyers would not be required by our
courts to expend the funds to bring expert
witnesses from New York without first
knowing whether the court would entertain
the presentation of any evidence. Nor can
I imagine that, in any other context, we
would require counsel to gather all perti-
nent evidence with a single day’s notice. If
the proceedings at bar today involved the
515 SOUTHERN REPORTER, 2d SERIES
condemnation of land, and not the condem-
nation of a life, we would never coun-
tenance the result reached by the majority.
Time does not permit me to address all
the concerns addressed by Justice Ehrlich’s
dissenting opinion. Death penalty appeals
indeed are not “final” in the same way civil
appeals may become final. However, the
problem of delays must be addressed on a
systemwide basis, not by shortening the
time for the consideration of a new issue in
a particular case. Despite Martin’s long
legal history, the fact remains that the law
changed in 1986 as a result of Ford. The
issue here is not that Martin had the bene-
fit of other proceedings throughout the
long history of this case. For this appeal,
we are confined to a single issue—his com-
petency to be executed. On this question,
[i]t is clear that an insane defendant’s
Eighth Amendment interest in forestall-
ing his execution unless or until he recov-
ers his sanity cannot be deprived without
a “fair hearing.”
Ford, 106 S.Ct. at 2609 (Powell, J., concur-
ring). Thus, when entitlement to a hearing
has been established, as it has in this case,
it should be held with all the due process
protections afforded in any other hearing.
I respectfully dissent.
© & KEY NUMBER SYSTEM
aANmMs
THE FLORIDA BAR, Complainant, _
‘ Vv. ,
Stephan A. BLUM, Respondent.
No. 70,173. =
Supreme Court of Florida.
Oct. 29, 1987.
Disciplinary proceeding was brought.
The Supreme Court held that signing
clients name to general release in settle «
ment draft without authority, improperly
SP a
e
ihe
ay
=
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=
ae
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&
‘Syt
As @
@
s counsel asked the state’s representa-
whether or not the hearing was to be
evidentiary proceeding. He was in-
ned that the court did not specify one
‘or the other. On Thursday, November
fartin’s counsel filed a motion request-
two alternative forms of relief. First,
asked the court to find Martin incompe-
t on the papers. Second, he asked for
evidentiary hearing and, because his
nt is indigent, requested funds to bring
his expert witnesses, four of whom re-
: outside the state of Florida.
it the hearing on Friday, November 6,
court announced that on the previous
ning it had read all of the pleadings and
ers filed in the case and would hear any
resses that were available.
‘artin’s counsel advised the court that
1ad no witnesses available because no-
of the hearing did not include notifica-
that it was to be an evidentiary pro-
ling. The judge stated that at the time
hearing was set a day and a half earli-
he did not know himself whether or not
‘ence would be permitted or required
iuse at that time he had not read the
ers. The court then proceeded to hear
ument for both sides and the testimony
Jr. Mhatre, examined by the state and
‘s-examined by counsel for Martin.
t the conclusion of Dr. Mhatre’s testi-
iy, the judge ruled. He stated that he
‘e prepared to find Martin competent on
papers and that this inclination was
firmed by Dr. Mhatre’s testimony. He
: stated that he found the written con-
‘ions of Dr. Lewis, the expert retained
Martin, to be incredible.
he hearing conducted in this instance
‘ flawed procedurally and substantively.
it, regardless of anything else Ford »v.
inwright, 477 U.S. 399, 106 S.Ct. 2595,
L.Ed.2d 335 (1986), might require, it
aires at a minimum a “fair adversarial
seeding.” That is not what happened
2. Procedural due process requires no-
of the nature of the proceedings to be
|, but none was given in this case. In
* no notice could have been given be-
se, as the majority recognizes, the
ze did not decide what type of proceed-
» Fila.- 615 SOUTHERN REPORTER, 2d SERIES
ing would be held until the morning of the
hearing. Basic fairness requires the fact-
finder to hear from both sides at every
stage of the proceeding. To hear witness-
es representative of only one side of an
issue is clearly repugnant to basic notions
of due process.
Second, even as a matter of policy, the
majority’s holding is unsound. We today
effectively announced that, in instances
such as this one, petitioner’s counsel must
bring all of his witnesses regardless of
whether they will testify. Such a holding
will encourage wasteful expenditures that
ultimately may be the responsibility of the
state. Moreover, by requiring counsel to
make these expenditures, we also raise the
possibility that the state will refuse to pay.
‘This will discourage law firms and practi-
tioners from volunteering to represent indi-
gent death-row inmates, a service already
vital to our proper consideration of collat-
eral challenges.
Third, this case involves a troubling issue
on the limits of a trial judge’s discretion in
deciding the issue of incompetence. This
Court today places its imprimatur upon a
procedure that I believe is wanting in due
process. The “written submissions from
psychiatric experts” noted by the majority
on behalf of the state consisted in their
totality of only the following:
Pursuant to your executive order, the
above named inmate was seen for psychi-
atric evaluation, at Florida State Prison,
on November 1, 1987. Doctors Lloyd
Miller, Charles Mutter, and Umesh Mha-
tre conducted the examination. The pris-
on charts and other medical reports were
examined.”
It is the opinion of the undersigned
that Nollie Lee Martin understands the
nature and effect of the death penalty,
and why it is to be imposed upon him as
required by Section 922.07. It is our
opinion that he is mentally competent to
be executed.
The evidentiary basis of the state’s case
consists of the above-quoted bare-bones
conclusion, signed by the three psychia-
trists, and the transcribed interview upon
which it was based. To contest the state’s
Se SER ea ee cones
MARTIN v. STATE Fla. J
Cite as 515 So.2d 189 (Fla. 1987)
case, the defendant places in issue not only
the conclusion of the state’s psychiatrists
but the methods employed by them to ar-
rive at their conclusion.
The petitioner submits the affidavit of
Dr. Seymour L. Halleck, a professor of
psychiatry from the University of North
Carolina School of Medicine, whose creden-
tials even the trial judge noted were im-
pressive on the record. Dr. Halleck opined
that the deficiencies in the method of con-
ducting the examination rendered the state
psychiatrists’ evaluation as having “no sci-
entific validity.” Dr. Halleck continued
that, “[w]hile psychiatry is certainly not an
exact science, it does have certain minimal
standards which govern the process of
evaluation. In this case, those standards
were not met.”
Judge Fagan apparently felt that he
could not look beyond the procedures uti-
lized by the state’s psychiatrists. I believe
that this directly contravenes the dictates
of Ford. As stated in Ford,
In Ake v. Oklahoma, 470 U.S. [68], 105
S.Ct. 1087, 84 L.Ed.2d 53 (1985), we ree-
ognized that, because “psychiatrists dis-
agree widely and frequently on what con-
stitutes mental illness [and] on the appro-
priate diagnosis to be attached to given
behavior and symptoms,” the factfinder
must resolve differences in opinion with-
in the psychiatric profession “on the ba-
sis of the evidence offered by each par-
ty” when a defendant’s sanity is at issue
in a criminal trial.... The same holds
true after conviction.... Without some
questioning of the experts concerning
their technical conclusions, a factfinder
simply cannot be expected to evaluate
the various opinions, particularly when
they are themselves inconsistent.
106 S.Ct. at 2604-05 (plurality opinion) (em-
phasis added).
Fourth, in addition to questioning the
validity of the psychiatric procedures, the
defendant further contests the state’s as-
sertion of Martin’s sanity. Although the
petitioner concedes that he has a factual
understanding of the reasons for his im-
pending execution, he does not have a ra-
tional understanding, since he believes that
if he committed the crime in question
was possessed to do so by satanic influ-
ences. The majority opinion suggests that
either there is no distinction between the
two, or that a factual understanding rather
than a rational one is all that is necessary
to be considered sane for execution. This
Court thus effectively decides a complex .
scientific question based on disputed views
when there is an unresolved question as to
the psychiatric validity of the state’s evalu-
ations.
Moreover, I fail to see how the majority
can conclude that “the nature of Martin’s
mental condition is basically the same as
was presented and rejected pre-trial.” It is
true that Martin’s mental status has been
at issue in prior proceedings. The question
for us today, however, is not whether Mar-
tin was insane at his trial or three years
ago but whether or not he is now compe-
tent to be executed. As Justice Powell
stated in Ford, this question requires a
threshold showing that the prisoner’s men-
tal status has substantially changed since
his trial. 106 S.Ct. at 2610. On this issue,
the record contains only unrebutted evi-
dence that his condition has changed. Ina
report dated November 6, 1986, Dr. Lewis
stated:
I have seen Mr. Martin on two previous
occasions, approximately three years ago
and two years ago, respectively. At both
of those times, Mr. Martin was psychotic.
His condition since then, however, has
changed appreciably. Mr. Martin is
more psychotic than he was several
years ago.... At that time, he had been
experiencing threatening auditory hallu-
cinations and visual hallucinations, how-
ever, this is the first time he has evi-
denced such an organized delusional sys-
tem. If he goes to his death at this time,
he will do so convinced that he is the
victim of a nefarious plot. Thus, Mr.
Martin does not understand the connec-
tion between his impending death and
the crime for which he was sentenced to
death.
As stated in Ford, the eighth amendment
forbids the execution of insane persons.
On this record, we cannot be assured to
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874 Fla. #97 SOUTHERN REPORTER, 2d SERIES
Sentencing and the consequences of its ver-
dict, on his original appeal. Martin. v,
State, 420 So.2d 583 (Fla.1982), cert. de- |
[2] As his remaining points, Martin ar-
zable in habeas proceedings. Knight »v.
State, 394 So.2q 997 (Fla.1981), Martin
attempts to make the Second, third, and
fourth points listed above cognizable by
arguing that they involve fundamental er-
fore find these Points to have no merit.
[3-5] Regarding the claim of ineffec-
tiveness, Martin argues that his appellate
counsel should have raised his absence dur-
ing the voir dire of Prospective jurors about
pretrial publicity and that his appellate
counsel should have challenged the instruc-
tions given to the jury on insanity. In
reading this record appellate counsel could
have concluded, entirely reasonably, that
Martin freely and voluntarily acceded to
trial counsel’s waiver of his presence. The
failure to raise a nonmeritorious issue does
2. This claim should have been raised, if at all,
on appeal. Because the instructions were not
objected to at trial, however, the issue could not
have been raised on appeal. Habeas is not a
substitute for appeal. Thomas y, State, 486
So.2d 574 (Fla.1986); Kennedy: v. Wainwright,
483 So.2d 424 (Fla.1986),
3. Lucas vy, State, 490 So.2d 943 (Fla.1986), and
Harvard v, State, 486 So.2d 537 (Fla.1986), upon
which Martin rely, are’ factually distinguishable
from the instant case. Moreover, we find no
at trial, does not demonstrate ineffective-
ness of appellate counsel. We hold, there-
fore, that Martin has not met the test set
out in Strickland v, Washington, 466 US.
y 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
We deny Martin’s petition for habeas cor-
Pus and his requested Stay of execution.
It is so ordered.
BOYD, OVERTON, EHRLICH and
SHAW, JJ., concur. .
BARKETT, J., dissents with an Opinion.
BARKETT, J ustice, dissenting.
Until this morning, Florida had no ve-
hicle by which the defendant could raise
the question of his competency to be exe-
cuted. Therefore, I believe’ due process
requires a stay to permit the defendant to
avail himself of this new procedure. To do
otherwise would, in my opinion, violate the
dictates of Ford v, Wainwright, — US.
on, 106 §.Ct. 2595, 91 L.Ed.2d 335 (1986).
Ww
° H KEY NUMBER SYSTEM
t
«
¢
merit to Martin’s argument based’ on the brief
filed in the United States Supreme Court in
Hitchcock vy, Wainwright, no. 85-6756 (argued
Oct. 15, 1986).
4. Enmund v. Florida, 458 US. 782, 102 S.Ct.
3368, 73 L.Ed.2d 1140 (1981), is factually distin-
guishable from this case. Martin's reliance on
Tk
ircumstances. Nevertheless, we choose to
ddress appellant’s contention that four
nitigating circumstances apply to his case.
{21] Appellant cites several factors to
upport his contention that the capital felo-
y was committed while he was under the
ifluence of extreme mental and emotional
isturbance, section 921.141(6)(b), Florida
tatutes (1983), and that his capacity to
ppreciate the criminality of his conduct or
» conform his conduct to the requirements
f law was substantially impaired. § 921.-
11(6)(f), Fla.Stat. (1983). In support of
oth of these mitigating circumstances, ap-
allant cites to his own admission that he
0k L.S.D. on the night of the murder and
iat he suffered from mental disorders.
he trial court did not err in refusing to
nd that the taking of L.S.D. warrants ©
itigation in light of the fact that Johnston
ave numerous statements full of discrep-
icies, and, in short, his credibility was
ghtfully questioned. Although evidence
es exist to support a finding of mitiga-
m pursuant to section 921.141(6)(b) and
), the trial court properly considered all of
‘e evidence, including past mental disor-
‘rs, and did not err in failing to find that
‘hnston’s actions reached the level re-
| tired to find mitigation under subsections
| b) and (f). The trial court’s finding is
ipported by competent, substantial evi-
‘nce. See Stano v. State, 460 So.2d 890
la.1984), cert. denied, 471 U.S. 1111, 105
| Ct. 2347, 85 L.Ed.2d 863 (1985); Martin
| State, 420 So.2d 583 (Fla.1982), cert.
| nied, 460 U.S. 1056, 103 S.Ct. 1508, 75
Ed.2d 937 (1983); Hargrave v. State, 366
.2d 1 (Fla.1978), cert. denied, 444 US.
9, 100 S.Ct. 289, 62 L.Ed.2d 176 (1979).
[22,23] Johnston’s age, twenty-three
ars at the time of the murder, does not
rant a finding of age as a mitigating
stor. § 921.141(6)(g). Mason v. State,
8 So.2d 374 (Fla.1983), cert. denied, 465
S. 1051, 104 S.Ct. 1880, 79 L.Ed.2d 725
184). Additionally, the trial court did not
- in failing to find that appellant’s history
being abused by his parents rose to the
‘el of a non-statutory mitigating circum-
wnce,
’
“497 SOUTHERN REPORTER, 2d SERIES
[24] A sentence of death is appropriate
upon a finding of three aggravating and no
mitigating circumstances. White v. State,
446 So.2d 1031 (Fla.1984).
For the reasons expressed, we affirm
appellant’s conviction and imposition of the
' death sentence.
It is so ordered.
McDONALD, C.J., and BOYD, OVER-
TON, EHRLICH and SHAW, JJ., concur.
BARKETT, J., concurs in result only.
Nollie Lee MARTIN, Petitioner,
v.
Louie L. WAINWRIGHT, etc., et
al., Respondents.
No. 69608.
Supreme Court of Florida.
Nov. 138, 1986.
Prisoner, under death warrant peti-
tioned for writ of habeas corpus and asked
that his ‘impending execution be stayed.
The Supreme Court, McDonald, C.J., held
that prisoner did not establish that his ap-
pellate counsel was ineffective.
Petition and requested stay of execu-
tion denied.
Barkett, J., dissented with opinion.
See also 107 S.Ct. 307.
1. Habeas Corpus ¢30(3)
Claim that death penalty is arbitrarily
imposed in a racially discriminatory manner
based on race of victim could not be raised
in habeas petition.
«
.
MARTIN v. WAINWRIGHT Fla. 873
Cite as 497 So0.2d 872 (Fla. 1986)
2. Habeas Corpus ¢25.1(6)
Effectiveness of appellate counsel is
cognizable in habeas proceedings.
3. Criminal Law ¢—641.13(7)
Appellate counsel was not ineffective
for failing to raise issue of defendant’s
absence during voir dire of prospective ju-
rors about pretrial publicity; counsel could
have concluded, entirely reasonably, that
defendant freely and voluntarily acceded to
trial counsel’s waiver of his presence.
4. Criminal Law ¢641.13(1)
Failure to raise nonmeritorious issue
does not constitute substandard perform-
ance by counsel.
5. Criminal Law @641.13(7)
Failure to attack standard jury instruc-
tion regarding sanity, -particularly when it
had not been objected to at trial, did not
demonstrate ineffectiveness of appellate
counsel.
Larry Helm Spalding, Capital Collateral
Representative and Michael A. Mello, Asst.
Capital Collateral Representative, Office of
the Capital Collateral Representative, Tal-
lahassee, for petitioner.
Jim Smith, Atty. Gen., and Joy B. Shear-
er, Richard G. Bartmon, Carolyn V.
McCann and Georgina Jimenez-Orosa,
Asst. Attys. Gen., West Palm Beach, for
respondents.
McDONALD, Chief Justice.
Martin, currently under a second death
warrant, petitions this Court for a writ of
habeas corpus and asks that his impending
execution be stayed. We have jurisdiction.
Art. V, § 3(b)(9), Fla. Const. We find no
merit to his arguments and, therefore,
deny the petition and the requested stay.
This Court affirmed Martin’s conviction
of first-degree murder and sentence of
death on direct appeal. Martin v. State,
420 So.2d 583 (Fla.1982), cert. denied, 460
1. Because Martin’s execution is scheduled for
Nov. 18, 1986, time would appear to be of the
essence in proceeding under § 922.07. We note
U.S. 1056, 103 S.Ct. 1508, 75 L.Ed.2d 937
(1983). After the signing of his first death
warrant, Martin filed a motion for post-con-
viction relief which the trial court denied.
We affirmed the denial of relief. Martin
v. State, 455 So.2d 370 (Fla.1984). The
signing of Martin’s second death warrant
prompted the instant proceedings.
As the first point in this petition, Mar-
tin’s current counsel claim that he is pres-
ently incompetent to be executed. See
Ford v. Wainwright, —- U.S. ——, 106
S.Ct. 2595, 91 L.Ed.2d 335 (1986). Because
the Florida Bar is currently in the process
of developing a rule of procedure regarding
competency to be executed, Martin’s coun-
sel ask us to stay his execution until such a
procedure has been adopted. We have,
however, today adopted Florida Rule of
Criminal Procedure 3.811 as an emergency
rule. In re Emergency Amendment to
Florida Rules of Criminal Procedure
(Rule 3.811, Competency to be Executed),
497 So.2d 643 (Fla.1986). If Martin’s coun-
sel wish to pursue this claim, we direct
them to initiate the sanity proceedings set
out in section 922.07, Florida Statutes
(1985),' and, if necessary, then to follow the
. procedure provided: in rule 3.811.
{1] Turning to the remainder of the
points in this petition, we find them to be
either without merit or not cognizable in
habeas corpus proceedings. The latter is
true of Martin’s last point, i.e., that the
death penalty is arbitrarily imposed in a
racially discriminatory manner based on
the race of the victim. We recently specifi-
cally held that this claim cannot be raised
in a habeas petition. Stewart v. Wain-
wright, 494 So.2d 489 (Fla.1986). More-
over, Martin raised this claim on a prior
Florida Rule of Criminal Procedure 3.850
motion, and we affirmed the trial court’s
denial of relief. Martin v. State, 455 So.2d
370 (Fla.1984). We refuse to entertain this
issue now. Martin admits that this Court
considered his fourth claim, that the trial
court mislead the jury as to its role in
that the governor may extend the warrant peri-
od under § 922.07(2).
the star witness. Staab had accused Engel of trying to
buy him off with $1,000, after Staab arrested Engel on
charges of bookmaking and vagrancy.
Lt. Staab was survived by his wife, four children,
his parents, and his three sisters. Lt. Staab and Mrs.
Staab were only married for two years. They each had
children from a previous marriage. At the time of his
death, Mrs. Staab was expecting their first child together.
THE OFFENDER:
Norman J. Mackiewicz was a white, male who was born
in New Britain, Connecticut in 1925. He was raised in a
home for delinquents. Mackiewicz did not keep in close
contact with his family, but they knew he had been in New
York and California prisons. Mackiewicz had arrest records
in New York City, Las Vegas, Shreveport, Los Angeles, and
Buffalo. His past arrest records indicated he had been
charged with burglary, petty larceny, prowling, hotel-
prowling and “idnap-robbery. Mackiewicz also robbed two
Fountainebleau Hotel guests on Sunday, October 27, 1957.
Mackiewicz was a veteran of World War II. He was -
awarded the Bronze Star Medal for his conduct in ground
combat. The papers report®@ he received the medal for
saving another man's life, but according to the U.S. Army
that is a falsehood. Mackiewicz's only source of income
was his $73.00 a month pension from the U.S. Army.
TRIAL AND EXECUTION:
On November 14, 1957, a grand jury returned a true
bill on the charges of first degree murder. Mackiewicz
was arraigned on November 20, 1957 and entered a plea of
not guilty. The first trial date was set for February 24,
1958, but it was eventually changed to April 21, 1958.
The trial began on April 21, 1958 and lasted four days.
The trial ended on April 24, 1958. The jury returned a
verdict of guilty of first degree murder. On June 3, 1958,
the sentencing jury made the recommendation of no mercy
and sentenced Mackiewicz to die in the electric chair.
Mackiewicz was transferred to the state prison in Raiford,
Florida to await his death.
Mackiewicz was represented by the attorneys, Harry
Willis and Herman Methfessal. They filed many motions,
but the most important motion was the motion to quash the
indictment. They tried to win this motion by bringing up
these points: a) arrested without a warrant on October
31, 1957, b) defendant did not waive his right to a pre-
liminary hearing, c) state attorney "cancelled" the pre-
liminary examination, and d) by reason of the continued
pendency of the preliminary examination before the Justice
of Peace court, Fifth District, so this court was without
jurisdiction over the defendant. William A. Herin, circuit
-_—
NO
SS
aoe
£7
#
NORMAN JOSEPH MACKIEWICZ
EXECUTED: August 7, 1961
Miami Beach area dressed in civilian clothes. They left
checking the Americana Hotel at 2:30 a.m. and went next
dgor to the Balmoral Hotel. The officers observed a person
looking out a small glass window in a fire exit door.
Staab let the person see him and walked toward the fire
exit door, while Stahmer entered the building through another
EVENT: ,
On October 31, 1957, Lt. Robert Staab and Sgt. Joe
Stahmer, Bal Harbour police officers were patrolling the Loy
eft the door and walked toward where Stahmer had entered.
fter Stahmer entered the hotel and was six feet away from
Mackiewicz, he pulled out his badge and said, "I ama police
officer. What are you doing?" Mackiewicz produced a .32
caliber automatic pistol and forced Stahmer to walk down the
hall to the stairwell door. Mackiewicz said to Stahmer,
"All right, in there." and they entered the stairwell, where
a struggle ensued, after Stahmer grabbed Mackiewicz's arm.
They struggled back into the corridor as Mackiewicz's gun
went off. Both men fell to the floor. Mackiewicz was the
first to his feet and pointed his weapon in Stahmer's face.
Mackiewicz warned Stahmer nodto "try anything" and Stahmer
replied, "All right. Don't shoot." Lt. Staab came around
the corner with his gun drawn. Stahmer noticed Staab and
yelled, "Get him, Bob." Mackiewicz turned and fired once
at Staab hitting him over his right eye. Staab's gun went
off; the shot went wild. Stahmer kicked Mackiewicz in the
arm and his gun fired a shot. As Mackiewicz was fleeing, he
fired another shot at Stahmer. Stahmer fired four times in
the direction of Mackiewicz, but missed each time. peck? ricz
escaped, but was apprehended about an hour later.— ye ,
ire exit door at the other end of the wing. Mackiewicz
A
THE VICTIM:
Lt. Robert Staab, a 32 year old, white, male died from
the shot over his right eye. Staab had been a police officer
with the Bal Harbour police department for seven years.
Staab's chief, Gerald Parkes said, "...I've never had a
complaint on him. He was one of the best-liked men on the
force, so nice even the cop haters liked him." Because of
his death, a controversial case against Howie Irving Engel,
bigtime gambler, may have never gone to trial. Staab was
MA CKIEWICZ, Norman, elc. Fl.(Dade) 8/7/1961
NORMAN JOSEPH MACKIEWICZ
EXECUTED: August 7, 1961
Nora Kennedy
595-12-8073
November 5, 1961
Dr. Wilbanks
CCJ 3934
100
expected on a big scale and its ap-
pearance any day should not surprise
ou.
Double-check all such requests be-
fore forwarding funds, and be par-
ticularly cautious in cases where told
to wire money in care of telegraph
omen. Where haste is urged, investi-
gate.
Anyone, anywhere, is subject to
some form of flimflam. Priests and
ministers are victims, as are senators
and congressmen. Some of these latter
worthies were recently taken to a
clipping by a gentleman gyp operating
in Washington.
Prepossessing, living at a _ hotel
where he met the lawmakers, this
man dropped the information that he
was in town in connection with his
shipping interest. Inside of a week he
had a speaking acquaintance with a
number of potential victims. Then he
suggested that as a token of his ap-
preciation of their efforts in helping
steer. the ship of state through
troublous waters, he would like to do
something for them.
“Say, I know just the thing. Busi-
ness took me to Martinique recently.
The governor-gencral at Port-au-
Prince made it possible for me_ to
secure a sizable stock of really fine
French champagne, probably the last
CRIME DETECTIVE
for the duration. It’s on my yacht
down on the Chesapeake. You’re more
than welcome to:a half-dozen cases.
Where will I send it?”
None reluctant to accept the gra-
cious offer, the lawmakers gave ad-
dresses and lingered to chat with the
generous gentleman. Before they
managed to terminate the talk, the
snapper came. With obvious embar-
rassment the gent informed them he
just recalled the import duty had not
been paid.
He began to figure on the back of
an envelope. By subtle suggestion he
led them to state they would be glad
to pay duty on what he was giving
them. That was it! Taking the
proffered checks, the fellow faded
from the picture. The checks did not
fade, but came back cancelled—art-
fully raised in each instance.
This expose of means and methods
could go on indefinitely, but my al-
lotted space is running out. If I have
been successful in throwing light on
the why and wherefore of gyp, flim-
flam and clip, the effort will have been
worthwhile. That is why I write this
piece. It is my start toward the
worthwhile things in life.
My last—and I mean_ last—caper
was fool-proof, tailor-made to go over
in a jewelry store. The props were a
planted confederate to verify a sizable
check then jerk his account from the
bank before it cleared. It was as neat
a flimflam as I ever worked, but it
seems this particular jeweler had been
flimflammed before. Such are the
occupational hazards. The smart boys
can have ’em, and welcome.
I know I have plenty to overcome.
My record isn’t good and I get a re-
minder of it every Christmas. Each
November I appear before the parole
board. They cast a wary eye over my
past, and having no way to know what
is in my heart and mind, they do just
as any form player does—they figure
past performance. And give me an-
other year to serve. I’ve gotten four
such Christmas gifts so far.
I don’t blame the parole board. I
can’t. But there is more than a little
jronic humor in the situation, since
thousands of sad-eyed suckers at the
race-tracks could tell them past per-
formance is a snare and a delusion.
They’ve gone broke proving it.
I try to explain this, but somehow I
can’t get the idea across at all. Tf I
could I’d like to enlist in the Navy
and help Uncle Sam make suckers out
of the Axis. It would be a pleasure to
help trim them, and it would give
this square-john something of which
to be proud.
clear up the casc or else eliminate
Mardorff as the killer. So I waited
until he had a conscious moment, and
then quizzed him.
He was willing to talk and did not
appear to hide anything. My ques-
tioning was casual, and at no time
did I ask him, point-blank, if he had
killed his wife. However, he volun-
tarily blurted out:
“T’stabbed her! I stabbed Ethel. I
don’t know how many times I stabbed
her. It was all done so quick. But
I did it. I admit I did it!”
“What kind of knife did you use?”
I asked.
“Tt was a Chinese dagger. I got it
off the wall.”
For a moment his eyes glazed and
he relapsed again into unconscious-
ness. He recovered again within a
Fat 3 minutes and seemed inclined to
talk.
“What about the money?” he asked.
“Who got the money?”
“What money?” I asked.
“There is a large sum of money in
the dresser in that room. It’s in the
middle drawer.”
I returned to the Mardorff house
and found Officer John Ryder on
guard. I asked Ryder to accompany
me upstairs while I searched the
dresser. All I found in the drawer
was a pocketbook, the property of
Ethel Mardorff, and in it was 81
cents, a pair of shell-rim glasses,
pencil, keys in a case, a small tube of
medicine and two small pocket mir-
rors.
In the same drawer was a packet of
letters. These were all from Mar-
dorff, postmarked Nashville, and their
contents would indicate that he had
DEATH BY A CHINESE DAGGER
CONTINUED FROM PAGE 15
been estranged from her good graces
and was anxious to get back to her.
The last letter was dated December
13, which proved Mardorff had not
been back in Miami very long.
Incidentally, while I talked to
Mardorff at the hospital he showed
no remorse or compassion for killing
his wife.
“Would you consider him a mental
case?” I asked Dr. Perrow.
“No, indeed. He is as sane nor-
mally as either one of us.”
ik gee real story, the motive for the
murder, came out at the trial on
March 29th, in the Circuit court, pre-
sided over_by Judge Arthur Gomez.
Naturally Mardorff’s alibi was tem-
porary insanity. It’s the oldest gag of
all the dodges, and one that nauseates
all police officials—and likewise the
public. However, those who think
they can kill and live to kill another
day do not, fortunately, always get
away with it.
Pale and tense Mardorff told the
court and the jury a sordid story.
That is, his side of the case. Ethel
7 i was not able to tell her
side.
His was a tale of continuous dis-
trust of his wife. He alleged, but was
unable to prove, certain acts of his
wife which drove him to fury and
to murder. He was wildly jealous of
aman named Clarence Evans.
Then came Evans to tell his side of
the story.
“It is all true that I went out with
Ethel Mardorff,”’ Evans stated. “It
was all harmless. I used to take her
to the movies now and then. Mar-
dorff was mean to her and a heavy
drinker. I felt sorry for her. But
he’s a liar if he says there was any
more to it than just that. And I don’t
believe she told him that.”
The case went to the jury—an ex-
ceptionally bright jury. Their de-
liberation was short, and very sinister
for Paul Mardorff.
The plea of temporary insanity
struck no responsive chords with
them. They brought in their verdict
within 45 minutes:
“Guilty of murder in the first de-
gree.”
As the foreman spoke the verdict,
Mardorff paled even beyond his white,
pasty complexion. He turned to his
attorney, as if to speak, but then
slumped back into his chair. .
He was sent to Raiford, the state
penitentiary, and new trials were
asked. His pleas failed.
Came November 27, 1941. The time
is 8:05 a.m. Mardorff was _ started
on the last mile. He now knew the
meaning of an eye for an eye and
a tooth for a tooth.
Chalk-white and dazed, he was
placed in the chair. At 8:08 he was
pronounced dead.
If crime pays, it’s too late to prove
it to Paul Mardorff.
COME ON AMERICA!
x LET'S GO x
YOUR NAVY RECRUITING STATION
IS OPEN TWENTY-FOUR HOURS A
DAY ... SEVEN DAYS A WEEK
ispatched a_quarte
pa led by Detecti
of the Manhattan E<
to bring them In.
Adelman said the:
cards the moment t
and the killer disa
threshold and ran
manager explained
be sure whether th:
were fleeing for th
suing the. killer.
When an ambula
the bodies to Belle’
autopsy after they
nounced dead on_:
oner, Inspector
Dr. Gordon for h
permitted him to
Adelman, too,
after assuring det
Greene nor Wole:
broiled in any art
club, and that }
either of them t
had any enemies
he asserted stout!
edge of them. nN
out, he wouldn't
of such things if
he had been far
the dead men.
Deputy Chief
Inspector Rothe
District Attorne
back to the We:
an hour later W
phoned that he
three card-play:
lowing the sho«
Rothengast |:
Pritchard and ;
ting them in ch
T the West
Brooks, Fis
questioned sep
ally, supported
in every detail.
all had tried, }
gunman. The}
to pick up the
had shorn bec
Not one profe
ling as to wh:
been. Not one
motive for th:
and Greene, @
along well wi
enemies with
quainted.
Exasperatec
released the t
nizance. He |
lagher.
“Now you
I reminded
case is still
“No one recc
It may be th:
get a look at
parallel line:
a coincidence:
broke off ab
The likeli
up was rule
officials reas
an easy thi
man_ to
Greene’s po
Sout a week before
” had been away to-
was a printer, and
Vashville, Tennessee
ascertained that he
er case, an accident
larters, A man of
acing wildly down
heveled and he was
sometime between
ve started to cross
struck by a passing
tacked by a dog
y to protect its
oman was dead,
SAS
a
e discovered
veapon had
- Mardorff.
motor car and hurled into the air. The car was
driven by George Morgan, a negro.
Morgan stopped promptly and explained that the
man had dashed, headfirst, into the front bumper.
“I was driving between 25 and 30 miles per hour,”
stated Morgan. “The first thing I knew, this man
was in front of the car and I couldn’t stop quick
enough to save him.”
“It looked to me,” a bystander volunteered, ‘as
though the fellow tried to commit suicide. It certainly
wasn’t the fault of the driver.”
Unconscious, and still unidentified, the victim was
taken to Jackson Memorial Hospital.
I did not learn of the accident until some little time
later. Before leaving the Mardorff home, I received
POLICE PHOTO——
of Ethel Mardorff’s body shows hilt
(circle) of the Chinese dagger that
protruded from back. of victim.
word, though, that the man who had been hit a few
hours previously by an auto was Paul Mardorff.
It seemed obvious that he must know something
about his. wife’s murder. And, also, his description
checked with that of the middle-aged man who had
been fleeing from the house. :
I went to the Jackson Memorial Hospital and found
Detective Joel McNeill and Dr. J. D. S. Perrow at the
bedside of Mardorff. I asked Dr. Perrow the chances
Mardorff had to survive.
“J would say he has a fifty-fifty chance,” replied the
doctor. “He is in bad condition, both mentally and
physically.”
It was my duty to get a statement, if possible, before
the man died. It would either (Continued on page 100)
9 times—
‘est crime
Captain
iRKER
CATION
squad car in that
and W. T. Ful-
‘orce and the son
id I shall quote
rected us to the
arkness. A hazy
2ed through the
P the stairs, my
1€ wall. Closer
splotches, and
a terrific bark-
at the left. The
R very
both. Then I raised the flash and it enveloped the full
body of a woman. She was lying in a contorted posi-
tion. Blood smeared almost every part of her body.
Her mouth was wide open, as if she was still trying
to gasp for life.
“I then told Officer Fulford to call headquarters
and report. Unquestionably, a murder—a very hideous
and brutal one—had been committed. Then I leaned
over the body to see if there were any bullet holes.
“As I was stooped over her body I must confess that
I got the shock of my life. Suddenly, something struck
me on the back. In the split second that it happened,
I imagined almost everything weird and uncanny. At
the head of my thoughts was the feeling that the
murderer was upon me.
“{ whirled around, and it was much relief when I
found a panting toy poodle dog. He had evidently
followed us up the stairs and had leaped on my
back when I leaned over the body.”
So much for the report of Officer Quigg.
P TO this time I knew nothing of the murder. I
was at home and off duty. Shortly before 9 P.M.,
however, I received a phone call from Radio Dispatcher
Leo Logan. He gave me what details he had, and
I immediately raced out to the Mardorff house, stop-
ping en route at headquarters to gather my finger-
printing equipment.
I found the body just as Officer Quigg has described
it. Although I have observed hundreds of murdered
human beings, the body of Ethel Mardorff was one
of the most gruesome I have ever attended. And it
is my judgment that she died fighting, fighting off the
evident maniac who slew her.
She was in a reclining position against the south
wall of the northeast bedroom. It was not difficult
.couldn’t raise a single print.
to reconstruct the physical action of the crime. Very
obviously she had been stabbed while erect and then
had fallen on the bed. Before falling or being pushed
on the bed she had been stabbed several times more.
As she struggled, her body must have slipped over
the foot of the bed and thence to the floor. There
she was stabbed again and again. Altogether ° the
woman had been knife-pierced 19 times. Each stab
practically went through her body.
There was no mystery about the murder weapon.
It was right before our eyes, protruding from between
the shoulder blades, driven in to the very hilt. In brief,
a Chinese dagger, with a nine-inch blade.
I made an effort to fingerprint the ornate handle
of the dagger, but it was so bloodsmeared that I
Next, I gave my attention to
other possible fingerprints. All
the way down the stair-wall
there were crimson splotches,
made by a hand or hands as
the killer descended to the
ground floor. Here again it
was impossible to raise any
prints due to the fresh blood.
The blood-trail was also on
the stairs and all over the
room. It led right down to the
ground outside where it ended
in absorption.
Surely, I believed, along
with other investigating offi-
cials, such a crime must have
caused a great deal of com-
motion. Surely, Mrs. Mardorff
must have screamed a number
of times.
A giant wolfhound was
locked ‘in the kitchen. This
it was learned belonged to :
Ethel Mardorff, and its bark- AUTHOR——
Mardorff had returned, alone, about a week before
her husband. Whether or not they had been away to-
gether was not known. Mardorff was a printer, and
a student artist, and had been in Nashville, Tennessee,
at a linotype school. It was also ascertained that he
was a heavy drinker.
BEFORE going out on this murder case, an accident
had been reported at headquarters. A man of
middle age had been observed racing wildly down
N.W. 58th Street. His hair was disheveled and he was
obviously distraught. This was sometime between
6:30 and 7 p.m. ‘
Without slackening his pace, he started to cross
the highway. Halfway over, he was struck by a passing
‘OFFICER——_
ing had been noted by Officers James 0. Barker, Miami detective Leslie Quigg was attacked by a dog
Quigg and Fulford when they captain, tells here of
slaying that that tried frantically to Protect its
first entered the apartment. Caused sensation in south Florida. mistress, although woman was dead.
Apparently the giant dog had
been locked in the kitchen
by the assassin before he had
attacked his victim.
- Mrs. Roy Sever, who rented
the lower apartment from the
Mardorffs, informed us that
she had heard a quarrel up-
stairs a few hours previously,
but no screams. Nor could we
find any neighbor who had
heard any screams. It may
have been that the killer first
stunned her with a blow with
his fists before stabbing, other-
wise one cannot account for
the absence of screams.
One neighbor informed the
police that she had seen a man
run out of the house at about
the time the crime was com-
mitted. She described him as a
man of middle age but said she
did not recognize him. This was
not much of a clue, if any.
We also learned that Mr. DEATH CHAMBER——
see
|
| oo
, wo
SSS
“
— - ry =
and Mrs. Paul Mardorff had Arrow Points to room of unutterable tragedy where Miami police discovered
been out of town for the past the slain woman. The 9-inch length of a weird Oriental weapon had
nine months. However, Ethel
14
been plunged 19 times into the face, legs and torso of Mrs. Mardorff.
}
motor car and
driven by George
Morgan stoppe:
man had dashec
“J was driving
stated Morgan.
was in front of
enough to save §
“It looked to
though the fellov
wasn’t the fault
Unconscious, ‘
taken to Jackso:
I did not lear:
later. Before |
POLICE PHOTC
of Ethel Mardo!
(circle) of the
protra ded fr
7- 6-84
wSt Peters burg
Beas
-MARTIN-
DOBBERT
£¥%4 day to convicted k
Martin, who had faced execution
q
“ASA f fact. th
Ki [ I e r wi nm Ss, peal) aoareare' already in Atlan.
stay of |
execution
Associated Press {
MIAMI —A federal judge
granted a 24-hour etey Wednes-
er Nollie Lee
this morning for the 1977 stabbing
death of a convenience- store
1 clerk - *
_Chief U.S. District Judge James
.Lawrence King of Miami denied
the writ of habeas corpus and
granted the stay so attorneys for
Martin could file an appeal with
the 11th U.S. Circuit Court of
Appeals in Atlanta.
Richard Burr and Michael Mel-
lo, Palm Beach County assistant
public defenders representing
Martin, said an immediate appeal
would be filed.
ta,” Burr said from his West Palm
Beach office. “They were filed in
advance in case the ruling was an
adverse one.’
In denying the writ, the judge in
effect ruled that Martin’s consti-
tutional rights in state courts had
not been violated, allowing de-
fense attorneys to appeal i in feder-
al court.
Meanwhile, the Atlanta court .
said it would hear arguments at 1
p.m. today in the case of convicted
killes Ernest John Dobbert Jr.
~ The’court granted Dobbert a 27-
Hour stay on Tuesday.
The condemned men had been
set to die this morning in the first
double execution in the United
States since 1965. Gov. Bob Gra-
ham’s death warrants expire at
noon Friday for both men.
Martin, 35, is under his first
death warrant for the June 26,
1977 slaying of Patricia Green-
field. She was robbed of $90, kid-
napped from a Palm Beach Coun-
ty store and later died of stab
‘
wounds, court ords
Dobbert, 46, was condemned i in
’ 1974 for the Dec. 31, 1971 murder
of his 9-year-old daughter Kelly. .
He was convicted of
- second-degree murder in the 1972
death of his. 7-year-old son Ryder
Scott.
JURORS ALSO. convicted
Dobbert, who had been scheduled
to die at 7 a:m. today, of child
abuse and child torture related to.
the beatings of two of his other
. children.
- His stay. granted ieaday by
the 11th U.S. Circuit Court of
Appeals in Atlanta expires at 10
a.m. Friday, said Brenda Houk, a
spokeswoman for the clerk’ s of-
fice. .
On Tuesday, attorneys for Mar-
tin told King that a state trial
judge was wrong not to appoint a
neuropsychologist to examine the
man.
Defense attorneys claim Martin
suffers from brain damage. Burr
said a medical specialist could
have assessed their client’s condi-
tion.
bl
A I I CE
CAL Le. he dN WO 1] i ¢ | ece wilh 4
b ] ohm“ aw © 3 Wi Lue
ALSO TUESDAY ...
> EXECUTION: Florida electrocuted Nollie Lee Martin,
43, for the 1977 rape, robbery and slaying of convenience
store clerk Patricia Greenfield, 19. Martin said he was “tru-
ly sorry” and hoped to meet his victim in heaven. |
()sA TodaY May 13 199 2
cgay
anil
———— —
Martin executed
in electric chair
STARKE, Fla. — A man who
raped, robbed and murdered a
college student was executed in
Florida’s electric chair Tuesday
after courts dismissed his
claims of mental incompetence.
“T may not be insane right
now, but I was insane when I
committed this horrible crime,”
43-year-old Nollie Lee Martin |
said minutes before a black-
hooded executioner turned a °*
switch, sending 2,000 volts |.
through his body. 9. | “
. Martin was condemned for ..
| the 1977..murder of Patricia }
‘| Greenfield, 19, who was working ..
a summer job as a/convenience ;
store clerk. t
Pe a ad
1 ww Ww
..Volunteer Lawyer’s Resource Center
MARTIN: Lawyers say brain damage he suffered from abuse he
received as a child should keep him. from being executed.
USA TODAY 57511442
11th-hour appeals made for Fla
By Tony Mauro
USA TODAY
Last-minute legal efforts are
under way to stop Florida from
executing a mentally impaired
death row inmate.
Lawyers for Nollie Lee Mar-
tin, 43, filed three separate le-
gal actions in Florida courts
’ aimed at stopping the electro-
cution at 7 a.m. Wednesday at
the state prison at Starke.
A'state judge denied a delay
late Monday, but Martin’s law-
yers pledged to appeal further,
all the way to the Supreme
Court. “We could be in five
courts by Wednesday,” said
Martin’s lawyer Richard Burr.
The lawsuits claim that Mar-
tin’s severe brain damage, suf-
fered as an abused child, was
never adequately assessed
when he was sentenced to
death for murdering a woman
during a 1977 convenience
store robbery in Delray Beach.
As part of their campaign to
save him, lawyers have distrib-
uted a dramatic videotape of a
prison interview with Martin.
Rocking back and forth and
picking at scabbed skin on his
arms and feet, Martin speaks
of his deep remorse at the mur-
der and of seeing visions of his
victim’s mother.
As he passes in and out of co-
herence, he cries out at one
point, “I know that murder is
not in my heart.”
The tape has gone to Gov.
Lawton Chiles as well as to the
news media. Chiles rejected .a
clemency appeal last month.
“The governor saw 36 min-
utes of the tape, and by all re-
ports, it gave him pause, but ap-
parently not enough,” says.
Burr. “Gov. Chiles is a very ef-
fective killer of people.” Chiles
is the third governor to sign a
death warrant for Martin.
Doctors have testified that
Martin has neurological dam-
age apparently caused by
childhood head injuries, as
. inmate
well as a family history of
schizophrenia and a-childhood
of sexual abuse by his mother.
The Supreme Court has
ruled that mentally impaired
inmates cannot be executed if
they are unable to compre-
hend their punishment.
But in his recent appeals, the
state persuaded judges that
Martin can understand why he
is being punished.
Bobby Brochin, a lawyer for
Chiles, said, “Martin is sane
and mentally competent, and
-he knows right from wrong.”
Several inmates ‘ described
as impaired have been execut-
ed nationwide — including
Ricky Lee Rector, a loboto-
mized Arkansas man executed
in January after Gov. Bill Clin-
ton refused an appeal. |
’ “The notion that the death
penalty is the solution for our
problem of ‘mental defectives’
is frightening,” says Michael
Kroll of the Death Penalty In-
formation Center.
CRA
Why execute the insane?
‘On another subject, USA TODAY
Says capital punishment for those
who are mentally ill is inhumane.
Some killers are just not healthy
Nollie Lee Martin, for one.
Martin was 13 hours from electrocu-
tion Tuesday when a federal judge inter-
vened, offering a new chance for com-
passion. He will hear Martin’s appeal
Thursday.
Why spare Martin, when he had kid-
napped, raped, choked and stabbed a 19-
enough to be put to death — Florida’s
year-old pre-law student in 1978? Why
be lenient after he had set an apartment
building fire that killed three people? -
Martin’s sorry life deserved saving be-
cause he was out of his mind, unable to
relate his punishment to his crime.
| The Supreme Court says that can be
reason enough to spare a condemned .
life. Yet, until Tuesday, passion for pun-
ishment prevailed.
—
According to doctors, Martin suffered
brain damage, apparently from child-
hood abuse, and was an incest victim.
He had a family history of schizophre-
nia. He twice attempted suicide in jail.
Martin’s lawyers circulated a video-
_ tape of the inmate rocking violently in a
chair, rambling about the murder and
picking at scabs on his skin. They said he
beat his head against the cell wall to re-
lieve his mental torment.
A prosecutor who had interrogated
Martin saw the tape and wrote Florida
Gov. Lawton Chiles that Martin’s state
was “so grossly diminished that ... we
cannot hold him culpable to the same
degree as would otherwise be justified.”
Chiles was unmoved. He refused to
halt the execution Tuesday. Thankfully,
a judge chose a wiser course.
Somewhere in law may lie the techni-
cal, legalistic, narrow justification for ex-
ecuting Nollie Lee Martin. But that’s a
puny basis for taking a life.
Tell USA TODAY's 6.6 million readers whether
‘ ecuted or spared. Or comment on other topics. The
Paper's opinions are reached in daily debates of our
grounds and interests. But we value your views, too.
Bivd., Arlington, Va. 22229
_ What do you think of the Nollie Lee Martin case? ©
you think people like Nollie Lee Martin should be ex. -
13-member editorial board — people of many back- .
Send LETTERS TO THE EDITOR to 1000 Wilson —
@ Call in your views toll free, 1-800-828-0909
@ Hearing impaired with TDD equipment,
1-800-331-1706 7
@ Fax 703-247-3134
_ The most effective’ letters are brief and direct, as .
in today’s paper. Include your name, address, day
and evening phone numbers for verification and, if
you wish, your photo for possible publication.
USA TODAY
“ o- @ -ETTe
(joa)
NOI OF
“SVikalions
AUN CHU
of aileved
\ this house.”’
-: j easons were three:
sore LiPads ar - se Jlis:
fil
Wee 1-"They are often moved more by their heatts than
were among the | by rat heads.’ - ;
rnised b ! Senate
sackets "Tavesiigating 2.The-tmiotional urge which exists in a woman's
eo i makeup does not help toward guod judgment. _
a | 3-"Women. do excellent work, especially in welfare,
attitude wes that is but except for a few they are unsuited for polities.”
oe oceurts ‘sole MN Gad
wans tu punish aay, The idea of bringing the ladies into the Lords was
hom bosses. His trial: expounded as part of a government plan to expand the
ed exasion of mere membership of the house and make it more representa-
~Y(XM) in federal in-
tive of the public.
‘Ss has been put over:
“April j
woes to tak in New!
nday oon. eharces of
© Federal Grand Jurys
‘ Other peers took a less qxtreme view than Lord Glas-
gow, who has two married daughters but didn't’ say.
what they thought of his ideas about women.
Not Produced
or -améfity a tefinn-4
S Court of Appesis + Records
winehion — restrauyn
om faking oxer. the:
cecision ares hie wih
residency sand HNP rs: |
meee T ttle. Rock Arrests 4
junction was issued a_
e ee i
oO vy US District
to
Dickimson Letts, whe LITTLE ROCK .o” ~ Little ‘asked all Arkansas cities
that the Teamsters. Beck City Council ‘Thursday ‘adopt it, met with the ‘alder-
nh in Miami Beach mxht erdered arrest of alt of- amen. > os
Get. 5 was meged inv fieers of the National Associa: | Mayor -Weareaated «© Wilson:
Se ’ : mT for—tt Mar
-.
_.. | Colored People in the- city. the NAACP. and three. preseg-
7 | The counerl acted undee pro- Tegatonist organizations. to;
and also y identified as the
‘
who Jast Sunday nicht
i shots had been fired.
wir
and Stakmer came URON a man;
— Gf BEEN SFERRES BAERS R BAN OPED
oman ‘ .
robhed; Ambassador Farid Zeined- -,
two ainebleau livtel guests,’ dine of Syria indicated earlier —
and rouse detectives. that his natlon js willing te
Mackiewicz was arrested ‘ny accept a compromise but he
pedi halen in possession of a; “it not say what kind It would
? caliber revolver from which | have to be. |
'Ssria has proposed a seven-
The “CBRL made Ga thiatien ;Nahion fact. finding » inquiry
tosts'to determine if the slugs | commission be stnt to the bor-
found in the Balmoral corri- j der area io report back.to’ the
dor and Staab’s body shad; L. N. within two weeks. - G moons
ne > . :
been fired from Mackiewiez’s Another tesolyution, intro-
gun, But shortty before mid- duced'by ‘seven nations and
hight Torn ut. ported y the Se weld
’ ** | have Has ; a
thing, they had learned, . i eerste
a boletion if other mediation
efforts fail.
Staab was mn down by one
of the four shot fired when” tei SChiet interest centers on a
ae
“Lt. Staab. drew ‘the shots “good ‘oftiges”
that were Intended for me,'e! jold.
Stahmer said. “I was lying flat (-
op my buck at this fellow s! Syria is reluctant a atcept
mercy when Staab moved we ammarskjord, but
fast.” _ India is trying to overcome
' 4 Syria's objections, by having
The prover, ake was holg- | 4hy* formal propgsal: include
ing a revolver just threé feet | disuvowats by Turkey of any
- from ‘Stahmer’s head, turned | agressive intént. toward mer
-and shot at Staab at the same | -\rab neighbor.
More. Auto’
Prices Hop -
"=
‘of Hammarsk-
-
fired. .
"The. [heutenant’s. xh ot
migecd, but this fellow drilled !
hum over the right eye,"> Stah-
mer saul. _—
ea >
¢
Pressure ~ tayuens Of a new ordinance! make iat their Ligrchics was
vs which requires certain organi. Ur New York -on business
s Watched |
| Fhand, ‘confidential records - . - - 5 acting tpayer J
Thuriday was deadline for Evans said he waysd daccct
ended {fom the cast-~4h6 NAAGP. to file ita report:
‘bean “hiethward to Mr Crenchas and any NAACP
an ae Ey clerk. iy felled otfieey wba can be found The.
eres ald tere nes Faght of the city's 10 a}. Meda)
i .
; ~ _termen, meeting in special meine! Mra igen us on a speaking
ologist Phi} Ackerman o; the whale, ordered arrests in New York. =
ropecal: jaw enter ot Mrs. LC. Bates, predident, .
wis of The Carrebean
Sli Fein’ See aioe of we Lite Truman to Talk:
ANI ny
izations to make public. on de- derman Lae w. Rv ens eaves
dn-laden how pressure ‘ ily poler to arrest Mis. Bates,
southeast Florida ig dn so arrest: order wilt: take eftect ,
(a tropical storm Mom and acting 8s B COeMICe ir, Her husband eaid she we
the Bahsrgas and over band the: Rev. JC. Crenchaw. |
n of e agra aryehap- ;
Por |
saad, “they were making a cur-
tory inspectiyo of the Bulmor-
al whe th the ineadent began.”
+ LA. Rta hed bere on ont |
DE TROIT ~— UP) _~ Chive.
ler Corp, announced .price ine .
creases for, all its cars Thurs.
day and..studedbaker and
Lincoln also announced price
hikes on 1468 ntadote «
‘Chrysier’ said its prices wil
teers, we sive. even the cup: | higher for Plymouthe ~~ ar
haters Shed ham.” | #8 _ peice §=imcreaen $:
: ; range frueetis on the twwdeng "5 |:
Rahawt seen he and he | ane we = ae
were thacking | “—
-
<I
PS
Nod doe a eal
ae Sf ond g
AN
a
=
In At The Finish |
HOWARD PICCOTT'S ESCAPE by Art Bleich
On the surface, March 9 was an ordinary
Sunday at Dade County Jail in Miami.
But up in the bull pen on the twenty-third
floor there were 15 inmates who knew this
Sunday was different. It was 3 p.m, They
had just been fed and secured in théir cell-
block for the night.
Eleven of those inmates were dividing
their attention between the ‘TV -set and
the narrow barred window where the other
four prisoners were deftly sawing through
a
‘the iron, rust-soft hinges with a hacksaw
blade.
The two ringleaders were Norman Mack-
iewicz, an accused cop killer awaiting trial,
and Howard Piccott, child rapist, "whom
you met through the pages of May INSIDE
DETECTIVE in the story Compulsion.
I had interviewed him just a month be-
fore this Sunday. I had sat in the visiting
room and heard him say, “Art, I know I
cannot be permitted to roam the streets.”
Now he stood at the window, 23 stories
up, fighting to get.back on those streets.
When I talked with him he knew he
stood a good chance of being sent to the
chair (rape is a capital offense in Florida). ,
Yet on the basis of psychiatrists’ reports”
and a brilliant brief submitted by his de-
fense attorney, Piccott stood a chance, a-
tissue-thin chance, of being given a life
sentence, But with every turn he took with
that hacksaw, that chance became slimmer.
Outside the wind whipped around the
northeast corner of the jail. Inside, in the -
bull pen, the tension mounted. The other
prisoners had figured the odds. The jailer
might look in, the TV set might go on the
blink and cease to cover the whine of the
saw blades, one of the four might chicken
_ out, the teeth of the saw might break. A
12
million-to-one, the eleven prisoners figured. :
But Mackiewicz and Piccott thought the
angels were on their side. A few weeks
- before, a prisoner. had entered the lockup
with a hacksaw blade in his shoe. No check
was made on him with the. metal detector.’
Nor had the usual shakedown been con-
ducted in the cells. If these shakedowns
had taken place, the ‘deputies in charge of
jail security would have found that not
one of the beautifully-made beds held a’
mattress cover. Those mattress covers were
now being tied together by whichever of
thé two potential escapees were not working -
the saws.
When I last spoke to Piccott, he swore
to me that he would never try to break
jail. He didn’t want to be loose again until
he was cured (and medical men held out
little hope for that), Yet, when I pinned.
him down, he admitted the strain of wait-
-ing was beginning to tell. “Art, old boy,”
he told me that day in the damp interview
room, “I can’t take this waiting much
longer. One of these days I might just -
decide to risk my life to get out.”
He was taking that risk now. One of the
rusty bars was pried loose. It would make
a good lever to force the other bars. enough
to let the men squeeze through. The four
threw-their weight against it. The steel bars.
screeched . . . and yielded. The men were
ready to go. They tied one end of the mat-
tress cover rope inside the cell.
' Then, like human flies, they swung out
and started down the edge of the building.
It was 7:30, When three of them including
. Piccott and Mackiewicz, reached the sev-
enteenth floor they kicked in a window.
The sound of the shattering glass alerted
a telephone operator who turned in the
alarm. A jailer rushed down and collared
the fourth escapee who had lost his nerve
and tumbled in a nineteenth floor window.
The other three fled down the stairs, leav-
ing a trail of big red splashes on the dirty ~ f
gray steps from a deep cut Mackiewicz re-
ceived from the jagged glass. :
On the second floor, Mackiewicz and
Piccott ducked into.the men’s room, ripped
a roller towel from a dispenser, tied one
end to the sink and slid to the street, The
third man ran on to the lobby where he
was picked up two minutes—later, But
Mackiewicz and Piccott had pulled off
the impossible... . . ,
Hell broke loose in my home when. we
found out that Howard had escaped. I live
with my parents and a younger brother,
and we all figured that Piccott would try
to contact friends. as soon as he could. T.
remembered part of a letter he had sent
to me from jail. “God knows, I need
——. it said, “and Art, you were my
est.”
I did not think that Howard would harm
us; more likely, he would apologize for
causing us any trouble. But I got a sick
feeling in the pit of my stomach when I
realized that I might have to be the one
to turn Piccott in to the authorities if he --
re
showed up at my Brooklyn, N. Y., home.
These same feelings must have run
‘through the mind of James (Andy) Boyett,
a 45-year-old truck driver who had played
in a square-dance band with Piccott in the.
late 1940’s,
Only Boyett had more reason to think
that Howard would show up at his home
than I did. First, Miami police had set up
an extra tight roadblock system. And
secondly, Boyett knew he was the only.man
that Piccott knew in Miami.
That Sunday night, when the news of
the escape broke on TV, Boyett phoned
his brother ‘and together they worked out
a system. If Piccott showed up, Andy would
call his brother who would contact Dade
County police.
By Tuesday evening, Howard had not
been captured. At 6:30, Boyett felt edgy
and called sheriff’s deputies to let them
know that Piccott might show up at his
home. :
“Don’t worry,” a dispatcher reassured
him, “we’ve got them two bottled up in the
Southwest section.” Boyett heaved a sigh
of relief. He lived With his wife and two
young children in North Miami.
An hour later, there was a knock on his
front door. “ye
“I thought Andy was kidding me when I
heard the knock,” Mrs. Boyett recalls. “We
were ‘watching television: But when it came
the second time; I knew who it. was.” _
Mrs. Boyett quickly herded her two
children into the kitchen as Boyett went to
the door and opened it,
“Hell, Andy, it’s, me, Howard,” said
Piccott simply. oY 5
7
fa Will Stay,
Beck Says
e7
Losing Ground, 10¢
INGTON —— The.
. |
‘ board of the Team. i
on decaded unanimous. |
id¥ agaist doing any- |
ut corruption charges |
ts. leaders -- a course
vo fuaranteemp AFL-
sion,
2 Teamsters President
kK, himset enmeshoy in
es, said the board \ot-
eal a recent AFL-CIO
nh order and seck to!
outright expulsion at
ions convention Dee.
Toe City,
said the Teamsters |
ope thought of kick. |
President-elect James |
or otherwise riddang |
ss of alleged edrrupt
as drdeved by the:
Council,
r, Beck said he real- |
s the appeal to the
convention to fail. .
ed certainly have tg,
imist to thindg other-
dothe Teamsters are
fo 1 alone, if that’s
¥ > . :
Norman Mackiewicz
ee» murdér suapect
82, was shot down by a hétet
aoe, Is Vietim oe My
Both Sides
_ Wrong M an, Cries ‘Save Face’
Sus pected Killer
By JAMES BUCHANAN
Nerald Staff Writer
A convjgted burglar with a
long record of hotel prowling !
Continued Thursday. to claim;
‘he had no connection with the |
pre- -dawn-slaying of a Bal Har- |
bour police lieutenant.
The victim, Lt. Robert Staab,
hal
From House of ‘Lords
Milord Wants
AFL-CIO wants. He”
Feamsters micht he.
watside the AFL-CIO, |
{
et jooking for teoue |
e ean dish Thloenfé if?
* Beck teld news
ise the position that
A tae Pet trouble as
tey fisudoae,
ote af detraree. atte:
Of the Teamsters:
Deettd, Beck made.
LS-nivhion menaihes
vrs umiOn -— or ats!
“Wav me haven't the)
‘ation (ef faunching |
eations of aileved |
on tunds or at is
\ Cb Fe
( «
M ance Banned :
arrests in New York City, Las
Vegas, Shreveport, Los Ange-
LONDON —(P)-—A peppery old peer gave the women-
_less than two hours after the-
the slaying of Staab, whose
arrival on the scene saved the
mer.
"| prowler whom he and another
police officer interrupted. °
Meanwhile, Criminal Bureau
of Investigation agents worked
‘tirelessly to “nail down” what
i they already call -an. air- ‘ieth
murder case against 32-year-
old Norman J. Mackiewicz.
‘Under Plan:
Why Soviet Retreats, 24
UNTTED NATIONS, NY. o.
(A-—Syria and Turkey were: un-
derstood to have agreed Thurs-
day night to a plan whereby
UN, ‘Secretary General Dag.
Hammarsk jold would usethis.-
powers under the charter to
Macklewitz, who is “sticking”
to his‘stoty that “they've got
the wrong man,” was captured
shooting In a Balmoral Hotel
corridor. .
- He has been charged with
ife of his sergeant, Joe Stah-
Mackiewiez has a record of
ease tension beteen them in
the Middle East. —
. Hammarskjold also was said |
to have agreed to the plan. The’
‘| arrangement was worked out by.
Norwegian Delegate Hans Ene
ken and Japanese Delegate Keto
parties.
_ The U.S. was reported to
have played a par® in the ne-
K¥tiations. zo
Under the arrangement, nei-
les and Buffalo. He has served; ther of the two resolutions now
folk a piece.of his mind in the House of Lords, Thursday’ {time at the New York State | pending will fe pressed” to. a
night. oss
“Thiss is a house of men --a Hause of Lords. .
pladed the &3-vear-old Earl of Glasgow. “We don't want iy
it “‘lo become a House of Lords and Ladics. . .
Pr
_-_
The subject that got him talking was a government '
I ight consider | !
suggestion that perhaps the noble lords might cons | ceny, prowling, aecond-degrea
. . !
admitting ladies.
. oc -
“We doh't want to sit beside fhem on these Rencfies
nor do we Want 19 meet them in the library,
. : » NOt ow t women ni!
‘The point is that many of us do not..wan i ‘Mfied as the slayer by Stahmer
this house.”
His reasons were three:
he said.
a
Hw
4 kidnap- robbe ry.
vison at Elmira, and was re-! Vute when the
ex. | leased Hast Jan. 21, front a one-; today. The assembly has sched.
sentence $n Caij-'uled debate on Syria's Soviete
supported coniplaint thdt Tur. .
‘key has massed troops on her
eur to-dife
‘fornia after serving doe vears,
Madsudaira in talks with. all ,¥
assembly | meets ess a
Me's been charged in’ the | “border for imminent attacks and
vast with burglary, petty dare |
mirgliry, hotel prowling and...
Muekien vicz has been jdenti-
nd also adentified as the man’
ho last Sunday might robbed |
Lara a
"gdp oe Orn ig aa a a
they ure threatening world
peace,
Hammarskjold is expected to
fted! the assembly today that his
i services are available. His state-
ment. it is understood, will end
i i the often bitter debate. ‘.
Ambassador F ari.d Zeined- ee
iii
SOATMATTYO
In
Wet ONT
dB 271
—you cant ci OS38-e@Xarhine
fida% it.’ Cohen observed.
gel “sas accused of trying!
iy off Staab with a $1,000-
after the officer arrested -
March 1 on charges of
makin «nd vagrancy.
‘rste id Staab refused
ribe ounded the $1.000
reported the incident to
Harbour Police Chief Ger-
arkes.
eee oe eae
e bookmsking and
Bal Harbour Municipal
rt last manth but the §1,-
is still in custody, Parkes
1 gan to question the man.
rstein said Thursday his
icide investigator ‘is check-
for possible connections be-
n the Staab killing “and
Engel bribe attempt case.
sver, police have unofficial-
.cd out that. angle.
sanwhile Miami
were filing addisional |
ces against Staab’s ac-!
1 killer. Norman’ J. Mack- |
‘z.
Cacii
lertiv after his capture in
vwood, Macklewier , was
titled as the gunshooting
jit who escaped from the
tainebleau Hotel Saturday |
it.
.
%
re handht. fled froma ‘futth
' corridor there after re- |
nz and Mrs.° Alfred |
n of and forcing them:
a hore: security officer into
set at gunpoint. a
single 32 caliber slug. .
f into a wall of the Elson s
» during the haldup. is be
compared-avith tatilets in.
kiewiez‘’s gun. police said.
1e@ Beach charges against.
kiewicz include .two counts,
rmed robbery and one of -
‘av ated assault.
pe Kiar egrets
ph. PR 3-4411
Classified Ads ER 9-3713
SStTIption Rates CH
va- |
cy cases were dismissed |
= Ress
. came rinning.”
at me_as he ran down the cor-:
' Staab.
2 Race
Semana nada tee, okt
Continued trom Page 1- “he wasn't “the man. wes were.
—— -~-}Todking for”
door which opens off the cOr- lewis said Mackiewicz made.
ridor. _'no effort td prevent-a search. -
“Staabs let the man see him. “After I found the-gun on
-and kept his attention while 1 him I radioed for assistance
‘entered another fire. door at.and we took him in: He was
the other end of the wing. The. sti} saying he was innocent.”
_man left the door and came. :
walking toward me and I held
out my badce so he could see four children. Mrs. Staab is
Twas an officer,” Stahmer said. : expecting another child in
yo February. Only last- Tuesday
Parkes said Staah’s death staab bowed to “the sugges-
: could be attributed indiregt- © tions of Chief Parkes, and
Staab leaves a wife and
_civil rights in not immediate- °
ty pulling a gun when he be-
policy. -
1 Mrs. Staab. who was”
with the home at 708 SW Fifth ;
“This fellow’ drew a revolver Ct. in Hallandale. also will re- |
on me.
and forcéd me into a stairwell. :
/ We grappled.
back out Into the corridor as dren will share in a trust fund
his gun went off. Lt. Staab ap- “hich is being set up by the:
: S Harbor Junior Staab's ehiidren—by- -@ previous -;
‘ Chamber of Commerce..
Stahmer said the would-be’ Parkes said Staab and Stah-
bandit got to hs feet first “and mer had been assigned to-the ,
pointed his gun at my face.” ; Americana Hotel in plainclothes |
| Wednesday evening as a “rou- :
“1 .yelled, ‘Get him Bob,’ ‘tine measure during a large!
and the bandit turned and convention.” The National:
snapped ai shot ast Staab, Wholesale Druggists Associa- ;
drilling him - over the~ eye.
Staab's shot went wild and
: the bandit threw another shot
l evening.
The Druggists Convention, |
ridor, through an exit and into | which? wound ‘up its session
‘the parking lot.” a
Thursday, took up a special
a, ; collection for Staab's* widow.
Stahmer fired ‘four times. sti Contributions to the trust
‘the fleeing gunman. and then! tung being set up by the Surf.
returned to summon aid for ' Side: Bay Harbor’ Jaycees are
_ to be sent to Hyman Fechter-
rfside city clerk. with checks |
made out to the Robert Staab :
Fund.
The Hegiice’ tied into’ thee, Su
grounds of the closed-Spa View |
Hotel and apparently stole the
car: in which he was arrested. Another fund for Staab's!
at Hollywood. family has heen started by
Fourteen police departments petective Sgt. ACH. Seed |
and county agencies were in-
|" Mackiewicz was stopped near; this fund should be ‘sent di-
| the intersection of . Hallandale : rectly to the Bal Harbour Po- |
| Baaeh Blvd. and- US. AlA by jlice Dept. in care of Police
Hollywood Patrolman George | Chief Gerard Parkes: .
Lewis. *
Leormard. a close friend of
year
ry)
Ou”’n
Year 2
subscriptions «re payable ‘im i
sank draft. or
‘gend °to The Miami |
Mieamt. Fla Sntered
clase mattlr Mov. 3 1910.
by post office or ey rves
Lewis sald he trailed the- Staab, headed the Beach
car on the basis of a radia | search. for the armed bandit
description he'd received a! wns escaped from the--Fon-:
few minutes earlier and | | tainebleau: Hotei ‘Saturday’
forced it'to the alde of the | night.” The bandit has -beea
road.” identified as the same map
= “When this. fellow got out,”| Whe shot Steab Thursday. |
‘Lewis said. “he asked me ci Services for “Staab will - be
was wrorig and I told pina he at-11 am Saturday in Bal
was under arrest for a* shoot. : Harbour City: Hall under. di-
2
ly to Stshmer'’s respect for ~ signed for s $10,000 insurance |
left:
Stahmer continued, ceive insurance from the city, ;
:the Florida Peace Officers vAs. |
there and fell sociation. and she and the chil- '
Leonard of ‘the, Miami Beach |
_j solved in the manhunt when: Police Force. Contributions for
Kicr me Wi 6K oe
iA i lila mind st
Another . peaesturian.
“tTnez Sisson, 28, of 3010
36th St., was struck by
~ By PAT MANGAN™
and DAN BROWN
Herald Staff Writers
A pregnant mother, numb-
ed by the death of her police-
man husband, still found time |
. Thursday to worry about their
children.
Mrs.
husband was. killed — early
Thursday morning,-sat quietly: |
i in the living room of her mod- |
est home-at 708 SW Fifth |
i Ct Hallandale..
= “Please don't keep. him out |
of hed too long,” she said
anxiously when a phetogra-
j pher asked her ‘to pose with
10-year-old Robert, one of |
marriage.
Mrs. Staab's concern about:
her husband had been con-
stanf. “ge
“I was always worried about
him. I always told him to be
| he worked at night.” she said.
Lt. and Mrs. Staab b were
ago. They have four children
by previous marriages. Living
with them ere Mrs. Staab's |
15-year-old son, Dennis Bro- !
1 deur, and two of Staab’s three |
i children, Robert and Gary,
seven. A third son, Larry
[ three. is in Pittsburgh with »
; his mother,
*
“Mrs. Staab is expecting a
ild in February.
H
ch
The 35-year-old mother said
she probably will remain’ in
Hallandale where her mother
and several of her husbarid’s |
relatives ‘live.
In addition’ to his en,
ate family, Staab is survived
by-his parents, Mr. and Mrs.
Edward Staab, 365 NW 189th
Ter.; three ‘sisters, Carol, who
lives ‘with her parents, Mrs.
' -Feussell Hlavsa, 1665 NW 128th
‘Sta’ and Sister M:~Celesta. in
a: Pittsburgh convent, .and a
ing. He said ‘he had been rection‘ of Lithgow's. 150th St.
.Ropred twice befgre, but that Mortuary. 0
Drother, —,. —1S28 ‘NE.
doasirsichtn _
Robert Staab, whose |
‘married in Miami. t two years |
while attempting to cross
St.
Policeman L. P. Huey
no charges have been f
| against the driver, John
37, of 6865 SW 26th Ter..
ing investigation.
Miss Sisson was hospit
vat Jackson with scaly =:
| tions and a fractured lef
i Her condition was fair.
Grand Unt
Labor Vote
A Dead He
1
Employes-of the Grane
ion grocery chain’ split 1
day in an election to «
{whether they want to be
» unionized.
As 4 result of the ve
‘runoff will be held soo:
, tween the. company an¢
’ Retail, Wholesale and Ds
ment Store Workers Ur
Date for the runoff ele
i tion ended: their meeting that careful.” I worried most when | ‘has not been‘set.
; Thursday's balloting
\ between the .-company,.
RWDSW, and the F
| Clerks Unton, Local 162
simple majority would
| won for any group.
| However, of 177 votes
77 went to the RIWDSV
for Grand Union. 33 for
‘Retail Clerks and seven
‘challenged, necessitating a
_ off between the top two
‘Grand Union operate
‘stores in Dade County
the trade names of Ta
~ Be Thay and Value. An
Store tll be opened next
Ninder the Grand Union |
One Horsepo
Packs.a Wallo
} JACKSONVILLE —u-
llice are looking for a hi
horse?
‘ James Hassler, 67, told
val road patrolmen he —
driving along minding his
business when a horse ds
out @ side street, knocket
car off the road and then.
galloping on its way, le:
Temperatures,
Db )@ hours and lew 18 hours
rainfall 24 howrs. ending at 7,
zsT . 3 2957, :
Miami. Fis.
GREATER & AM iy
. Sich Lee Rate
MI « 7 b2 06
mi &iPonee 7" &t %
TF satiny 68
4
Tp“
v ~
; mIGH ,. Low
. am opm. tm pr /
Today 220 #23 838 913.
Priaay } 2 3% 938 10: /
Saturdar ‘1? 433 10 2 «6 ‘
=“ 0 damage to the auto.
THE FLORIDA TIMES-UNION (Jacksonville)
page 9.
Two Men Are
Electrocuted
| At Raiford
Jacksonville Man Makes
Public Statement.
a
| died in Florida's electric chair at
the State prison here today. “3,
Paul H. Mardorff, a Miami print-
er who killed his wife in 1938 by
jabbing a Chinese dagger into her
body 23 times, emiled faintly as he
sat down im the electric chair at
8:06 A. M. >
Pilorida’s hooded and publicly un-
+identified--exeeutioner— applied the
electricity and Mardorff was de-
clared dead at 8:12 A.M. The State
Pardon Board three times declined
to grant the condemned man any
clemency. | >
Mack Ranson, Jacksonville negro x 4
convicted of Killing hig son in 1939, °
was »iaced in the electric chair at
8:21 A.M: and was deciared dead
at 8:26 A.M. Neither he nor Mar-
dorff made any public statement. 5
Ranson also was charged with E
RJ
@
T
killing his daughter and his sister-
in-law but he was not tried on
these charges. _
Prison Superintendent L. P.
Chapman directed the double ex-
ecution but under terms of a new
State law a man Listed as the first
assistant electrician at the prison
acted as executioner.
the sheriff of the county in h
ee ene Commmmltved wae hs
>
Miami printer corfvicted in of
stabbing his wife to death with a
Chinese dagger, was electrocuted
Monday at the Ralford state prison.
- He sat down in the electric chalr
at,8:08 a. m. and was declared dead
at 8:12 a. m.
Three times the Florida parole
| commission had denied the Miam!-
/an's appeals for commutation of his
déath sentence. The last appeal was
‘made by Mardorff’s attorney, J. B.
| Patterson, and H. C. Hammerstrom,
a Miami religious worker who sald
the doomed man had become a
Christian since the slaying.
Negro Also Dica
Mordorff stabbed his wife 23
times with the Oriental dagger, then
fled from their home into the path |
of a passing automobile. He suf.
fered’ serious injuries, but recov-.
ered.
Mack Ranson, Jacksonville negro
also convicted of murder, died in
the electric chalr following Mar-
‘dorffs execution, The Associated
Press reported. Neither man made
any public statement before the
executions, ”
.Prison @Muperintendent L. F.
Cha directed the double ex-
och but tinder @ new state law
& man Listed as the first assistant
| electrician t Predaie acted as
exectitioner, fz.
had es execu ; eo
Miami Herald Oct 28, 1941 p. 12B
Miami Daily News.
PAUL MARDORF
Wife Pays. ee
- «*
i .
'-
SN ys)
7
» «
oe
9
at
ws % f
“ey
+
+
o
>
va)
}
ae
ts
7
an
¢
7
iv
rae
~
. &
‘
“ph
:
,
ri bes
AIFORD, Oct. 27.~-(P)eTwo
men died in Florida's electric chair
at the state prison here Monday.
- Paul H. Mardorff, a Miami
printer who killed his wife in 1839
by jabbing a Chinese dagger into
her body 23 times, smiled faintly as
he sat down In the ayectrie chair
at “B308 a. m.
- Flonida’s hooded and sublichy-
aiden fled executioner applied
the elegtricity and Mardorf{ was
declargd dead at 8:12 a.m. The,
state’pardon board three times de-
clined to grant the condemned man
any clemency. .
Mack Ranson, Jacksonville negro
convicted of killing his son in 1939,
was placed In the electric chalr at
8:21 am. and was declared dead
at 8:25 a.m. Neither he nor Mar- .
dorf{f ‘made any public statement.
Rakson was charged with killing
his daughter and his sister-in-law
but he was not tried on these
charges:
BELLEFONTE, TE, Ps. Oct. 27—
(")—~Without saying « word, Wil-
Ham J. Warnest, 36-year-old Phila-
delphia cook, went to his death In
the Rockview prison electric chair
j early ‘Monday for; the curtain-rodg
slaying of Mra, Ethel Angier ,At-
kins, 34, divorced wife of a member
of the wealthy. Duke tobecce
family, :
Oct. 27, 1941 Pel
r
»
TON OK 2 TY iy :
» Paul’ H.: Mardorff,‘Miam! printer -
and one-time: art student, will die
in the state prison’s electric chair
at 8 a. m. today for stabbing his
wife to death tw ars ago.
_Mardorff, who. stabbed i wife |
23 times with a Chinese dagger, ap- |
pealed three: times to the state |
parole commission for clemency. |
His third appeal was denied recent-.
ly and Gov. Spessard L. Holland
signed a warrant for his execution.
After killing: his wife Mardorff.
rushed from hig house jnto the'|
path of a passing automobile and |
suffered serious injuries. |
He will be executed at Raiford
{along with Mack Ranson, Jackson-
ville negro, convicted for killing
his son. |
a ae a
Miami Herald Oct 27, 1941 p.1l
OS EMARTIN: v CHILES" Ue e¢a - ©.
Sa yt ~_£iteas 599 Sold 121 (Fla. 1992) fi
en., and el instruction, and his trial’ Court found/nd NO MOTION FO
y.. Gen., we affirmed, that Martin Kalled his ‘sictim in BE ALLOWED* detention: hehas +,
ce 866 a:. heinous,. atrocious,’ or setuel: manner.f 0" 7 ears within 2 hours 4h deh.
_ & The Sockor claim, therefore, is.procedural. ” ” baht Nee Le
ie ly barred.) Moreover, even ifthe Supreme ar TONS SOMMER TTI pile has corn.
; & Court were.to. declare that aggravator.in. Per we eee albaontinue aie
as cor -vali We would hold the trial court's use of ©" + yah one cee
ae it harmless. Removing that aggravator eh tested a ee ee pita ean
1 of his would leave four valid ong’ to ‘be ‘weighed BT ORGOD Reeth i
me aA against no mitigators. Any reliance on the Nollie tee MARTIN, Appellant, ue
ae invalid aggravator would have’ had no ef- | a: fae wi thiedin
fect and. would: be harmless beyorid. any Lawton F. CHILE peter rifacA
y in the reasonable doubt. .We.hold thereforé that reteset al., “Appellees. ompaey eed,
ned his the Supreme Court’s granting of review in woterteT re “TNo:"79786.21 “ode TPR
the in- Sochor has no effect ae Martin. Styet ers) pere “O4. se8?
Martin aiitaviemerrcie ta cae Supreme Court o Florida. ae
ecution [3] In his most recent motion for post- BE eye Satz A"‘tisdof:-
2 Court conviction relief, Martin raised two issues; ot : (+> Hay _o Rote Ki rihens
Ct, 436 1) error under Hitchcock v, Dugger, 481 An Appeal from the. Circuit Court. in and
2d 595° US. 393, 107 S.Ct. 1821, 95 L.Ed.2d 347 fo Leon County; William L, Gary; Chief
distin- (1987), that rendered his trial counsel inef- Judge—Case No. 92-18140) 180 Horzg7
Se an fective; and 2) denial of competent assist- _ Sra a
—— ance by mental health experts. The Hitch- a2 a poser ge ete ha arenes
si o al cock claim has been raised and rejected ‘ln, Tallahassee, ‘for ‘appellan eee
y death ' before 5 and is procedurally barred. Mar- _ Robert A. Butterworth, Atty. Gen., and
caveat, tin has attacked his mental examinations Carolyn M. Snurkowski, Asst. Atty. Gen.,
feelin g. before. That his counsel has thought of Tallahassee, for appellees.
uire. _ yet another argument to raise concerning
eae "ie them is unavailing. This current issue PER CURIAM.
é: iM 4 Should have been raised, if at all, prior to Affirmed. The motion for stay of execu-
> Bee this, the eleventh hour. E.g., Tafero v, tion filed in this cause is denied. ©
ipreme: ma State, 524 So.2d 987 (Fla.1987), The sec- It is so ordered. / 5
E failed -<. Ond issue, therefore, Is also procedurally . —
Sor to” Sg > barred. OVERTON, A.C.J., and McDONALD,
an age % The petition for writ of habeas corpus BARKETT, GRIMES, KOGAN and
rgrava-: . and the request for stay of execution are HARDING, JJ., concur.
» how- denied, and the trial Court's order denying NO MOTION FOR REHEARING WILL
S error’ relief is affirmed. BE ALLOWED. Peele Sele eae
S cases ’ ee cy this
es It is so ordered. inst in’ seen sessed
oot tf . : 6 © xtY RINGER STEN Woaded by
ipreme, OVERTON, Acting C.J., and ; : NA a te sisarent anc:
Pa McDONALD, BARKETT, GRIMES, | + Poa! Mcug” Una welt apptiogs
alin KOGAN and HARDING, JJ., concur. “hae eran :
or ¢ru- ae
. indifference to or enjoyment of the suffering
on heinous, atrocious, or cruel, which we hold — of Others; pitiless, - ea dae oe
70 (Flaz* “is constitutionally sufficient: ge te Cf. Sanchez-Velasco v, State, 570 So.2d 908 (Fla.
a.1982), +: ““”* That the crime for which the defendant is to. 1990), cert. denied, — U.S, —, 111
508, TS be sentenced was especially hej >
Inous, atro- - 114 L.Ed.2d 129 (1991). .
Atrocious means 5. 89] F.2d at 808; 515 ‘So.2d ‘at ‘187. Get AR:
Cruel means -:
of pain, utter 6. Eg, 455 So.2d at 371-372.
S.Ct. 2045;
Per
LIRy AS 28437) 15, Ts Xd
ti 7 ose
re ad r 4 » « ._,* »
CEel EF YAM YAU2BICT¥
j
Se ee ld
roy
9u-459"%
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ST eek ‘ ; ye
Pay AY %
sea pettltatit tay ee ape tna at ee age tet at ta pee eB a Oe a ae a eee ie a ee ae OP
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\
Florida coed’s xiller-rapist executed |
- STARKE, Fla. (AP) — A man who raped, robbed and murdered a col-
lege student was executed in Florida's electric chair yesterday after
courts dismissed his claims of mental incompetence.
“I may not be insane right now, but I was insane when I committed -
this horrible crime,” 43-year-old Nollie Lee Martin said minutes be-
fore a black-hooded executioner turned a switch, sending 2,000 volts
through Martin's body. Je
Martin was condemned for the 1977 murder of Patricia Greenfield, 19, a
George Washington University student from Boynton Beach who was
working a summer job as a convenience-store clerk in Delray Beach.
MEDIA ACCOUNT
OF TRIAL:
MEDIA ACCOUNT
OF EXECUTION:
METHOD: HanGw&
Where, Monianaa
STAYS OF
EXECUTION:
EXECUTIONER:
WITNESSES :
RITUALS :
LAST WORDS:
OTHER INFORMATION:
TIME:
CAPITAL PUNISHMENT DATA SHEET
FloeiRA
STATE
OFFENDER:
RACE: ib
sxx: (1
OFFENSE; “ 44D EE
DATE EXECUTED: J«“y
county: Jackson Co,
AGE:
LG LT! =
VICTIM:
NAME
RACE: B
SEX:
AGE:
Rutus Ux BTC?
RELATIONSHIP murder was result of 4
TO OFFENDER:
BACKGROUND
INFORMATION:
DATE CRIME Fe: Ty. Gk"
COMMITTED:
DATE OF
SENTENCING:
DAY OF THE Fedey
WEEK EXECUTED:
OFFENDER
AMAq Fl
RESIDENCY: eM s
MEDIA ACCOUNT
OF CRIME:
INVENTORY #
SOURCE OF DOCUMENTATION
(TITLE, DATE AND PAGE?)
TA pa Te. 6ure
Pal@e (972 $0 * %
PEE SO ae ATH?
{+2
MIAMI HERALD
Saturday
November 2, 1957
5B
eYt)Stiab'c war’; “p
?
ot ie
: 4 + a? Varig See PE
.s ¢ le beng
4
3 Me : a fe
‘ eA Wage
reer 45% % EI Seen
Pe Seaeick we veapbared a
ey: " ; cote ea ia
‘which: fout,<chots':ha
le
behie 1 Be gd tage
ha Oe oe by Pili. wnald Lin -
¥ oe hee fa ee
Poe dena wets ake ant
pb ‘ts ane
sii fe
mye aia ae ane! FI sack
ee
4
reson > BS ns
Lenidiien
Bue Viney ee
Parkeeks! Chadd may be :matied
6 PR. CE aes MIU 9h Kreevalde
MIAMI HERALD
Friday
November 1, 1957
2A
Inke:
fine aka Syne Too
‘Who ‘Is now part awner. of
‘LaPVegas pimbling casings -—
“The, charge was brought by:
‘State. Attorney Richard Ger.
stein before she stepped. out ot
rohit ee .
steeat Sasa seat alee’ wal
a sorry to hear about this:
‘Bet of “cours they haven't
get 2 care caetast Engé!,” aad
snag eg ~ohewi,: Ragel'”
Lieesah whe theif aree wite|
| Nese—you. can't cross-examine
|an affidavit,” Cobén observed.
Engel was accused of trying:
to buy off Staab with @ $1,000;
tribe efter the officer. arrested
Pootbaaking end varancy
neve orton ugh ea 4 Pp mes rr
Sores ee ee Tt
' 4
ti) gape
@ har Sie:
4A ge
realthee alae
th ot thé Elson's
STi Beach charges. against
ROKINNE ‘include dw counts
Ot: ‘erie “robbery and! Orie of
Mh owmornh eae Bwewyde vay oy
a aS eR ete.
eet et ay
MIAMI DAILY NEWS
Friday
November 1, 1957
1A
Balmoral Slaying
All Wrapped Up,
CBI Chief Feels
|
By -JACK W. ROBERTS
Minent News Btalt Writer
Sheriff's deputies said to-
day ballistic tests prove con-
clusively that a gun taken
from a 32-year-old ex-con-
\vict was the weapon -used
to kill Police Lt. Robert
Staab early yesterday. in a,
corridor gun battle at the
Balmoral Hotel.
The announcement - followed
the filing of-a first degree mur-
der charge against Norman Jo-
seph Mackiewicz, the ex-convict.
Mackiewicz has steadfastly de-
nied guilt in the slaying of the
Bal Harbour policeman despite |
a mounting pile of- evidence:
against him.
Picked Up At Roedblock
Staab. was slain when he and
his partner tried to arrest a
prowler in the Balmoral early
yesterday.
The prowler fled the scene.
Mackiewicz, arrested at a road
block two hours after ‘thé shoot-
ing «by a. Hollywood’) policeman,
was*carrying a .32 adtomatic on
his person. Four s, the
number fired by Staah!s, rssail:
ant, were missing ‘from Mackie-
wicz's gun. .
In ‘addition, he was Thies
car-stolen near the -Balmora!
jshortly: after the incident. —
er em ta A
“This wraps it up,” said CBI
Chief Jolin Tyler. “The tests run:
by Edward Whittaker, of our
crime lab, prove the gur was the
murder weapon.”
Ran Away From Home
, A check by The Miami News|
with authorities- in Mackiewicz’s,
‘home+town, New Britain, Conn., |
revealed that the suspect was:
reared in-a home for delinquents |
after he ran away from an or-
phadage several “umes,
“Members of his family said
they. had not heard from Mac-
wkiewiczr for many years but that
they knew he had been ‘in New
York and California prisons for
Mackiewicz's arrest also clear-|
Jed pp an armed robbery at the
Fontainebleau Hotel last Satur-
day, police said,
iFentainebleau bandit by a 4 5
wecurity officer, Mackiewier was
charged with armed robbery,
ng
_ yesterday at the Balmoral! Hotel.
Ballistics Tost?
“ ‘The last Hink in a chain. of ev-
Res
Mackiewicz has repeatedly -
pied jthtet he. sbot Ly. 2 ote 3
{But when ae or Ae ke
driving a car reported stolen
Staab early|{rom the vicinity of the Balmor-
al Hotel and was carrying a .3?
caliber automatic with four bul-
lets missing. 4
The: gunman who ‘slew Lt.
pin
idence againsS Mackiéwics willistaay+in 2 cortider gunfight
fired four shots. Lt. Staab and
his partner, Sgt. Joveph Stah-
mer; bad surprised the gunman
‘tel.
Ren Awsy From*-Home
A check by The Miami News)
iwith authorities In Macklewicer's
homé.town, New Britain, Conn.,
revealed that—the—suipect was
reared in a home for delinquents
after he Yan away from an.or-
phanage sevéral times.
Members vof his family sald
they had not. heard” from Mac-
kiewiez for many years but that
York and California prison
rapbery.
* Maékiewicr's-arrest also clear-
ed up an armed robbery at the
|Pontainebleau Hotel last Satur-
‘lday, police said. .
Ahter being identified as the
Fontainebleau bandit by a hotel
security officer, Mackiewlcr was.
charged with armed robbery.
The drive to raise funds for
Lt Staab's family ‘will be. cor
dweted on several fronts, but the
‘IJaycees have promised to ¢o
ordinate the campaign. «|
; Accourt Opened .t
The” Jaycees opened an 20
count with the Community Na
tional Bank of Bal Harbour. Any>
one interested in-contributing ig
asked to send a. check: payable
to the “Lt. Robert Staab Fund?
to Hyman Feghter,- <Surfside
Town *Hall, -Miami Beach St
v Pais © ' : . *
4 Fechter, Surfside’s Town
Clerk, said an_indeperdent ac
eountant will audit the .records
ef the fund. He added that- all
‘records will be open’ to inspec-
‘thon by any contributor. :
-Féchter..asked that all dona-
tong be in the form: @f checks or
ow
o~ ye
_jcounting procedures.
}- “This fund is one of the most
‘Gntelligent things ever done,”
‘'gifd «Bal Harbour Police Chief
\Gerard Parkes. “I. know the peo-
Iple of the area will.get behind it
land help make things easier for
the Staab family... .
.
$38,900 Ges) ~
The Jaycees have
tion. Mrs: StaaB bas four ehil-
dren with a fifth expected is
February. *.
Parkes added that a benefit
; will be staged sometime
‘this month with all proceeds bs.
go tothe Staab family.-He said)
—————
Anema perro Ate Rem HI A oS
havé already ptomised to donate
their services.
=
MIAMI DAILY NEWS
prowling the corridors of the ho-!
they knew he had been in
ing
i{money” orders to- simplify—.2¢-
Friday
November 1, 1957
6A
UXK¥Z"'A11 I got to say,' said Maddox, the other condemned man, 'is that people
would do well not to carry guns too much, If I had not had that gun that day, the
accident would not have happenedg But I am going to go to my Maker like a man, for
I feel that my woul has been saved.' Asked what he meant by 'the accident,' he, said:
Well, I never did intend to shoot Mr, Crooks. But the gun went off and he was
killed, He was a good man and I never had anything against hime! Maddox and Thomas
both occupied the one cell together yesterday when a Journal representative called to
talk with them. Both arose at once WJaMXKAMZKEXERK when Jailer O'Neal told them they
had the chance now to tell anything they wanted to, either about themselves, how they
felt, or about their crime, When the door was opened, both sat on oppositedsides of
the death celly reading bibles, They had been praying practically the entirg day,
and stopped when the door was unlocked, In talking, both of the negroes spoke in a
low tone, and seemed very guarded in their statements, Their cell, in which they
have been since the death warrants had been read to them, immediately adjoins the
death chamber, or execution room. One solid door and one barred door have to be
opened, before the corrider surrounding their cell, is reached, They will walk di-
rectly ffom their cell into the execution room, barely 20 steps, 'I want to say that
- Mr. O'Neal and Mr. Ellis has both treated me -fine,' volunteered Maddox, to which Tho-
mas echoed: XKKAXMBYXXMAXYXXXXKAX ‘And me, too, They’ have done everything they could
to make our last hours as happy as we could be, Nothing -that we wanted was denied us
and we want to let thepeople know how good they were to us, They were both always
anxious to do something for us, all the times' KAXXaHxX
'A log-end, weighting about 200 pounds, hung on the scaffold yesterday afternoon in the
Gounty jail, It had been dropped as a test for the trap, and the test was pronounced
entirely satisfactory, But one negro at the time will be executed today, and if the
trap springs as easily with the body of a man on it as it did with the long-end, there
« will be no bungling job in putting the negroes to death. The trap has been well-oiled
and the only double execution ever legally commticted in Escambia County will likely be
pulled off without a hitch, providing there is no clemency from the governor's office
at the last hour, The sheriff has made preparations for admitting about 50 witnesses,
- and the space into which they will .crowd has been roped off, keeping them all at a
safe distance from the trap itshlf, It is possible all will not be at the county jail
who have been provided with tickets, for admittance to the grewsome spectacle will be
by tickets issued from the sheriff's office." JOURNAL, Pensacola, Florida, August 20,
1903 (3/2)
e
le
ee a ee ee |
MARDOFF, Paul H., white, electrocuted Florida (Dade Co.) 10-27-1941,
"smiling faintly, Paul H. Merdorff, Miami printer convicted in 1939 of
stabbing his wife to death with a Chinese dagger, was electrocuted Mon-
day at the Raiford state prison. He sat down in the electric chair at
8:08 a.m, and was declared dead at 8:12 2,m. Three times the Florida pa-
role commission had denied the Miamian's appeals for computation of his
death sentence, The last appeal was made by Mardorff's attorney, J. B.
Patterson, and H, 0. Hammerstrom, a Miami religious worker who said the
doomed man had become a Christian since the slaying. Mardorff stabtibed
his wife 23 times with the Oriental dagger, then feld from their home
into the path of a passing, automobile. He suffered serious injuries,
but recovered,...made no public statement before the execution, Prison
Superintendent L, F. Chapman directed the @xecution, but under a new
state law a man listed as the first assistant electrician at the prison
acted as executioner, Previously sheriffs had acted as executioners,"
HERALD, Miami, Faorida,, October 27, 1941.
" 1 wg) , | rei j V i
VEG Pl Orae 9 he ane —-
ee
ET IT be said at once that the murderer in this case
was not much of a man. This is not only my
personal judgment but the summation of all other
officials who investigated the crime. And if there
be one plea that enrages and disgusts police, it is that
hackneyed and cowardly whine of “temporary in-
sanity.”
_ A person in rage, pique or other aberration kills
another human being. Promptly after the crime he
calms down and begins to feel sorry for himself.
Usually, he is very repentant and swears he didn’t
mean to do it. And he tells many shady tales of the
person he killed.
Meanwhile, the Party of the
undertaker’s slab, cold in death.
Of course the police would like very much to inter-
view the victim. Unfortunately, though, the dead do
not talk.
There may be two sides to some murder cases, but
the. police hear only one. That is the side of the
killer. And it is exceptionally sympathetic—toward
the killer.
‘It would be nice, I think, if the ghost of some victim
could appear in the court room during the trial and
yell at his slayer:
“You’re a liar and you know it!”
second part is on an
GHORTLY after 8 p.m. on January 17, 1939; a Mrs,
Roy Sever telephoned the Miami police that some-
thing was wrong in the apartment above her at 553 N.W.
58th Street. This was a two-story frame house owned,
or being bought, by Mr. and Mrs. Paul Mardorff. Mrs.
Sever rented the lower floor from the Mardorfts.
A man hit by an auto; a woman stabbed 19 times—
police added these up to solve
Miami's bloodiest crime
By Detective Captain
JAMES O. BARKER
BUREAU OF IDENTIFICATION
MIAMI, FLA.
Our radio dispatcher contacted the squad car in that
sector, with Officers Leslie Quigg, Jr., and W. T. Ful-
ford riding.
Quigg is the youngest man on the force and the son
of our chief. As to what they found I shall quote
the words of young Quigg:
“When we arrived, Mrs. Sever directed us to the
second floor. The apartment was in darkness. A hazy
moon enveloped everything, and seeped through the
windows. As Fulford and I walked up the stairs, my
flashlight caught red splotches on the wall.
inspection proved they were blood splotches,
very fresh.
“As we reached the top of the stairs a terrific bark-
ing began. It came from a small room at the left. The
tone of the bark indicated that it was a very
large dog. Then we passed on to the bedroom.
First, the flashlight caught the bed. Near the
foot were many bloodstains; in fact, the bed-
spread was drenched with blood. Some of the
blood had dripped down to the carpet.
“As I followed the light, it caught two legs
—white and still. Red drips of blood were on
Rear 4
Closer
and
both. Then I ra
body of a wom:
tion. Blood sm
Her mouth was
to gasp for life
se] then told
and report. Un
over the body
“As I was st
I got the shock
me on the bac
I imagined al:
the head of
murderer was
“J whirled :
found a pant
followed us —
back when I
So much fo
oO ee
69 SOUTHERN 20
MADDOX, Ed, black, hanged Pensacola, Florida, on August 20, 1915.
"Pensacola. His story of how Charles Crooks, general storekeeper at McKinnonville,
was so inconsistent that the jury shortly before midnight last night returned a
verdict of guilty of murder in the first degree against Bd Maddox, Immediately
afterwards the negro was hurried away to the county jail and never uttered any
comment on the verdict. Crooks was shot by the negro because the latter had become
enraged over an account and returned with a shotgun, firing on the storekeeper just
as the latter drew a revolver, The revolver Meld by Crooks was fired as he feal
backward after being shot and the bullet lodged in the ceiling. The negro told
the jury that he entered the store with his shotgun resting on his arms and that
Crooks fired at him, the bullet going down the barretl of the shotgun and causing
the latter to be discharged, He claimed he never fired at Crooks, tte clung to
this version of the shooting even after eye witnesses had testified how he had
shot the storekeeper, He will be sentenced to hang later during the term and the
Governor will set the date of the execution, It will be the first legal execution
in this county in fifteen years," ADVERTISER, Montgomery, Alabama, November },
191) (9/5) Note in the body of this article, it indicates that Emmett Thomas
fas the murderer convicted of crime against Crooks, However, the appeal and every-=
thing else indicates that Thomas was executed for the murder of his wife while
Maddox was executed for murdering a white man at McKinnonville,
The following also states that Thomas killed Crooks, but again I am substituting
the name of Maddox: "Pnesacola: KiiWAKKXS Ed Maddox, colored, placed on trial for
his life today for the murder of Charles Crooks, general storekeeper of the Southern
States Lumber Company commissary at McKinnonville, made the most ridiculous defense
ever heard in the Circuit Court here, Explaining how Crooks was killed, the negro
on taking thestand scaid that he, thomas, had been hunting and going by the store,
walked in to see another negro employed there, Mr, Crooks, said the negro, became
enraged at something and drawing a revolver, fired at him, The bullet went down the
barrel of the shotgun, causing it to be discharged, killing Crooks, Witnesses for
the State testified that the murder was premeditated and the negro had several days
prior made threats as to what he would do, The case was given to the jury late
tonight," ADVERTISER, Montgomery, Alas, Nove 3, 191) (10/1.)
re ae
MARTIN, Nollie Lee - Death Row, Florida. |
4 ".e.Tuesdayeeed decision on a requested stay for killer Nollie Lee Martin, 35, = also
ci i to die Thursday in Florida - is expected today.ee" USA TODAY, September 5, 198)
(A/1Le)
"StarkeseeNollie Lee Martin, 35, won a temporary stay of execution fob the 1977 stabbing
death of a store clerk," USA TODAY, September 7, 198, Shae
The NATIONAL EXECUTION ALERT NETWORK is a project
of the National Coalition to Abolish the Death Penalty
For more information, contact: Pamela Rutter, NCADP
1325 G St. NW LL-B, Washington DC 20005 (202)347-2411
Peacenet Access Code--ABOLITION//Non-Business Hours Alert Answering Machine 202-347-2415
Partial Funding for the Alert Network is provided by the J. Roderick MacArthur Foundation,
the A.J. Muste Memorial Institute, the Boehm Foundation and the Unitarian Universalist
Foundation.
ALERT 92-4 April 30, 1992
““EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT**
FLORIDA 1 MAY _1992 ELECTR TION
EDWARD DEAN KENNEDY, (Black), age 52 has been on death row since January
1982. He was convicted of the robbery/kidnapping/murder of 2 white males.
FLORIDA . 6 MAY 1992 hs ELECTROCUTION
NOLLIE MARTIN, (White), age 43 has been on death row since November 1978. He
was convicted of the robbery/kidnapping/rape/murder of a white female. Martin
and his codefendant both confessed to the killing. The codefendant received a life
sentence. Martin has a history of mental illness.
TAKE ACTION ON FLORIDA CASES, CONTACT: Gov. Lawton Chiles
State Capitol
Tallahassee FL 32301
(904) 488-2272 & 488-3494
FAX (904) 488-9578
TEXAS | 7 MAY 1992 ___ LETHAL INJECTION
JUSTIN LEE MAY, (White), age 45 has been on death row since 1987. He was
convicted of the robbery/murder of a white female. May and codefendant
Richard Miles were accused of holding up a Western Auto Store when the couple
owning the store were killed. May was only tried for the murder of the woman.
Miles was accused in participating in the shootings and testified against May as part
of a plea bargain that gave him a 42 year prison term. Miles won parole in
December 1990. a
TAKE ACTION ON TEXAS CASES: Atitny Gen. Dan Morales Gov. Ann Richards
PO Box 12548 PO Box 12428
Austin TX 78711-2548 Austin TX 78711-2428
(512) 463-2100 (512) 463-2000
FAX (512) 463-1849
ARKANSAS 7 MAY 1992 LETHAL INJECTION
STEVEN DOUGLAS HILL, (White), age 25 has been on death row since March 1985,
He was convicted of the robbery/murder of a white male police officer. Hill and
codefendant Michael Anthony Cox had escaped during work detail at the Arkansas
Wrightsville Unit where Hill was serving a 5 year sentence. Cox received a 86 year
sentence for his role in the shooting. Cox insists that he fired the shot that killed the
police officer.
TAKE ACTION, CONTACT: Gov. Bill Clinton
State Capitol
Little Rock AR 72201
(501) 682-2345 FAX (501) 682-1382
TEXAS 20 MAY 1992 _ LETHAL INJECTION
JESUS ROMERO, (Hispanic), age 25 has been on death row since July 1985. He was
convicted of the rape/murder of a Hispanic female. Romero’s 3 co-defendants
received a variety of sentences. 1 co-defendant recieved a death sentence while
the others received different life sentences.
The NATIONAL EXECUTION ALERT NETWORK is a project
of the National Coalition to Abolish the Death Penalty
For more information, contact: Pamela Rutter, NCADP
1325 G St. NW LL-B, Washington DC 20005 (202)347-2411]
sacenet Access Code--ABOLITION//Non-Business Hours Alert Answering Machine 202-347-2415
utial Funding for the Alert Network is provided by the J. Roderick MacArthur Foundation,
e A.J. Muste Memorial Institute, the Boehm Foundation and the Unitarian Universalist
uNAation.
LERT 92-4 April 30, 1992
EXECUTION ALERT**EXECUTION ALERT**EXECUTION ALERT*EXECUTION ALERT*
ORIDA _1 MAY 1992 ELECTROCUTION
WARD DEAN KENNEDY, (Black), age 92 has been on death row since January
82. He was convicted of the robbery/kidnapping/murder of 2 white males,
ORIDA 6 MAY 1992 ELECTROCUTION
DLLIE MARTIN, (White), age 43 has been on death row since November 1978. He
4s convicted of the robbery/kidnapping/rape/murder of a white female. Martin
id his codefendant both confessed to the killing. The codefendant received a life
ntence. Martin has a history of mental illness.
KE ACTION ON FLORIDA CASES, CONTACT: Gov. Lawton Chiles
state Capitol
Tallahassee FL 32301
(904) 488-2272 & 488-3494
FAX (904) 488-9578
cA | 7 MAY 1992 LETHAL INJECTION
TIN LEE MAY, (White), age 45 has been on death row since 1987. He was
nvicted of the robbery/murder of a white female. May and codefendant
hard Miles were accused of holding up a. Western Auto Store when the couple
ning the store were killed, May was only tried for the murder of the woman.
“S$ Was accused in participating in the shootings and testified against May as part
a plea bargain that gave him a 42 year prison term. Miles won parole in
cember 1990,
‘-E ACTION ON TEXAS CASES: Atiny Gen. Dan Morales Gov. Ann Richards
PO Box 12548 PO Box 12428 7
Austin TX 78711-2548 Austin TX 78711-2428
(512) 463-2100 (S12) 463-2000
FAX (512) 463-1849
‘ANSAS 7 MAY 1992 LETHAL INJECTION
/EN DOUGLAS HILL, (White), age 25 has been on death row since March 1985,
was convicted of the robbery/murder of a white male police officer. Hill and
lefendant Michael Anthony Cox had escaped during work detail at the Arkansas
jNtsville Unit where Hill was serving a 5 year sentence. Cox received a 86 year
dios his role in the shooting. Cox insists that he fired the shot that killed the
>e Officer.
= ACTION, CONTACT: Gov. Bill Clinton
State Capitol
Little Rock AR 72201
(901) 682-2345 FAX (501) 682-1382
‘S | _20 MAY 1992 _—~ IETHA! IN IECTION
oe,
WAnTra
| Notle ae ae
6-B.— The Tampa Tribune
Convicted killer mentally
incompetent, lawyer says
By DIANA SMITH
of The Associated Press
TALLAHASSEE — A convicted
; killer cannot be judged mentally
conipetent to be executed if he has
no rational understanding of why he
_ is being put to death, a. lawyer ar-
gued Monday in what could be a
precedent-setting case in Florida.
Although inmate Nollie Lee
Martin understands that he was sen-
~tenced to death for a murder, he ©
also believes he is being controlled
by supernatural beings who engi-
neered his conviction and death
sentence, said his attorney, Richard
py eee qe,
“Mr. Martin believes that the re-
al.reason that he was prosecuted,
——convicted and sentenced“to-death
was because of supernatural beings
controlling the process and their de-
sire to use that process to kill him,”
said Burr. 9 tee
The Florida Supreme Court
heard arguments on whether Martin
received a fair hearing last week
_when his claims of mental incompe-
tency were rejected by a circuit
judge. .
~ Martin, 38, remains under death
warrant for the June 26, 1977, mur-
der of convenience store clerk Pa-
tricia Greenfield in Delray Beach.
The warrant is scheduled to expire
at noon Wednesday, which raises
the possibility that an execution
may be rescheduled if his claims
are rejected by the court.
The state’s high court issued a
temporary stay last week until his
competency claims have been set-
tled.
Joy Shearer, assistant attorney
general, said expert psychiatrists.
have decided that Martin is fully ca-
pable of understanding his penalty.
Martin even has tried to shift the
blame for Greenfield’s murder to
an accomplice, she said.
“He clearly knows what is’ going
on,” she said.
Before a:convicted killer can be
executed, state law says the inmate”
must be aware of the nature of the
death penalty and why it is being
imposed. .;
But Burr said that was not the —
same as an inmate having a rational
knowledge of why he has been sen-
tenced to death.
“That’s an extraordinary differ-
ence,” Burr said.
The attorney’s argument is that
a constitutional prohibition against ©
the execution of mentally incompe-
tent prisoners should be interpreted
to include people who are mentally
ill, not just those considered to be .
completely out of control and inca-
pable of answering any questions in
a rational fashion. oo
“Folks who are schizophrenic
can have compartments of gross ir-
rationality and be totally rational in
the rest of their lives,” Burr said.
Burr said the question is one
‘that has never been addressed di-
rectly by higher courts. *:'
“It’s certainly the first serious
effort before this court to say: how
these things ought to be considered.
I’m sure it will have some impact
on the future although it’s not clear
at this point how much,” he said.
. Burr also contended that Circuit
Judge Osee Fagan of: Bradford
‘County erred last week: when he
ruled Martin to be competent be-
cause the judge heard testimony on-
ly from a psychiatrist who had been
appointed’ by Gov. Bob. Martinez.
Burr said he had not been told
he would be allowed to present wit-
nesses at the hearing Friday.
The hearing last. week was the
first of its type in Florida because
of a U.S. Supreme Court ruling that
overturned old rules on determining
competency of inmates facing exe- .
cution. . eae
| Da - :
Fla.
114 SOUTHERN REPORTER, 2d SERIES
Norman J. MACKIEWICZ, Appellant,
v.
STATE of Florida, Appelice,
Supreme Court of Florida,
Sept. 11, 1959.
Rehearing Denied Oct. 19, 1959,
Defendant was convicted in Circuit
Court for Dade County, William A. Herin,
J., of murder in first degree, and defend-
ant appealed. The Supreme Court, Rob-
erts, J., held that testimony of cell-mate
that defendant told him that when defend-
ant was stopped in hotel hall by police
MACKIEWIOZ v. STATE Fla. 685
Cite as, Fla., 114 80.2d 684
officer, defendant thought the police were
onto him for robbing another hotel and
therefore started scuffling with the officer
and shot another police officer to death, and
testimony of other witnesses identifying de-
fendant as robber of other hotel was rele-
vant to motive and intent to shoot officer
and was admissible,
Affirmed.
i. Criminal Law €>369(2)
Evidence of any fact relevant to ma-
terial fact in issue, except where sole rele-
vancy is character or propensity of accused,
is admissible unless precluded by some spe-
cific exception or rule of exclusion, and this
rule applies to relevant similar fact evi-
dence even though it points to commission
of another crime.
2. Criminal Law €=371(4, 12)
In prosecution for murder of police
officer, testimony of cell-mate that defend-
ant told him that when defendant was
stopped in hotel hall by police officer de-
fendant thought the police were onto him
for robbing another hotel and therefore
Started scuffling with the officer and shot
another police officer to death, and testi-
mony of other witnesses identifying defend-
ant as robber of other hotel was relevant
to motive and intent to shoot officer and
was admissible.
3. Criminal Law €=351(3)
Defendant’s flight from vicinity of
Crime is a circumstance of guilt to be con-
sidered by jury under appropriate instruc-
tions.
4. Criminal Law €=338(3)
In prosecution for murder of police
officer, wherein there was testimony by
a police officer who in response to radio call
apprehended. defendant while defendant
Was driving automobile of certain descrip-
tion, evidence that certain automobile hav-
ing certain license tag and fitting descrip-
tion of automobile in which defendant was
arrested was stolen from residence near
hotel shortly after shooting of officer in
the hotel related to defendant’s flight from
vicinity of crime, which was circumstance
of guilt to be considered by jury under
appropriate instructions.
5. Criminal Law @=1168(4)
In prosecution for murder of police
officer, wherein discrepancy in arresting
officer’s description of automobile, in which
defendant was arrested, as “two door”,
and description of custodian of automobile
stolen near hotel, in which officer was shot,
as “four door”, was not called to attention
of trial judge at time of oral motions to
strike testimony of theft of the automobile
on ground that state had failed to prove
that stolen automobile was automobile in
which defendant was arrested, and for mis-
trial because of admission of the evidence,
trial judge did not commit reversible error
in admitting and refusing to strike the evi-
dence.
6. Criminal Law @=>351(3, 4, 5)
Evidence that suspected person in any
manner endeavors to escape or evade
threatened prosecution, by flight, conceal-
ment, resistance to lawful arrest, or other
ex post facto indications of desire to evade
prosecution, is admissible against accused,
relevance of such evidence being based on
consciousness of guilt inferred from such
actions.
7. Criminal Law €=549
Manner in which arrest is resisted or
escape is effected has some bearing on
weight to be given by jury to evidence of
resistance or escape in reaching its deci-
sion as to guilt or innocence of accused.
8. Criminal Law €=351(9), 404(1)
In prosecution for murder of police
officer, showing details of defendant's es-
cape from county jail after arrest“shortly
after shooting and killing of police officer
and exhibiting to jury rope made from mat-
tress covers down which defendant and
8 ere MT TNT UT
a ;
1.IONT
TTT
lA
~—_-
Howard Piecott
CRASHOUT IN THE SKY
(TD June, 1958)
On Sunday, March 9th, 1958, four
men, using a rope made from braided
strips of mattress covers, escaped from
a window of the penthouse jail on the
23rd floor of the Dade County court-
house in Miami, Florida. One crashed
into a window on the 19th floor, where
he was recaptured and another was
promptly picked up near the court-
house. Only two of the four succeeded
in achieving at least temporary free-
dom. They were Howard B. Piccott, 40,
under indictment for rape of a 9-year-
old girl in Homestead, Florida, and
Norman J. Mackiewicz, 32, indicted for
murder of Police Lieutenant Robert
Staab of Bal Harbour on October 31st,
1957.
Piccott was arrested on March 11th
in the home of a friend who had noti-
fied police. Mackiewicz was recaptured
on March 13th near the Broward Coun-
ty line. Both were returned to jail to
face trial on the original indictments.
On April 24th cop-killer Norman
Mackiewicz heard a jury oft11 men and
one woman, after deliberating one hour
and 15 minutes, return a verdict that
Ce ae
peeemeomenccnscotes cae
Norman Mackiewicz
sends him to the electric chair. They
found him guilty of first-degree mur-
der, without recommendation for mer-
cy, in the fatal shooting of Lieutenant
Staab.
On June 12th, in a Tampa circuit
court, Howard Piccott heard a similar
sentence. He had succeeded in getting a
change of venue to the Tampa court
when he pleaded that he could not get
an impartial trial in Miami. Here, how-
ever, the jury deliberated only 12 min-
utes before returning a guilty verdict
and it did not recommend mercy, thus
making the death penalty mandatory.
THRILL KILL KIDS
(TD December, 1954)
“We wanted to beat up people. We
wanted to see them squirm and suffer.
We picked ones that couldn’t fight back.”
So stated Jack Koslow, 18, the leader
of four youths from the Williamsburg
section of New York City. His three
companions in sadistic crime were Mel-
vin Mittman, 17, Jerome Lieberman,
17, and Robert Trachtenberg, 15. Dur-
ing July and August, 1954, they found
approximately a dozen victims.
On the night of August 16th, 1954,
Report of latest legal developments
commun, On eases published by TD
Koslow and Mittman
their victim was Willard Menter, 34.
employe of a burlap bag factory and
father of two children. Finding him
napping in a Brooklyn park near the
river, they beat him, tortured him with
lighted cigarettes, then threw him into
the river, where he drowned.
“We only did it for the thrills,’ the
incredible teenagers insisted.
Identified by other victims, the four
were arrested and charged with mur-
der. On December 14th, 1954, Koslow
and Mittman were found guilty of first-
degree murder and given life sentences
with no eligibility for parole. The
charge against Trachtenberg was dis-
missed, since he had been the state’s
star witness, but he was sentenced to
an indefinite term in a youth institu-
tion. Lieberman won a directed verdict
of acquittal. Thus only Koslow and
Mittman were doomed to suffer for their
heinous crimes.
However, attorneys working in their
behalf succeeded in getting a reversal, on
technical grounds, of the life-term
sentences. And in June, 1958, the two
were resentenced to terms of 10 to 20
years in prison. Under these lesser sen-
tences the thrill torturers and killers
will be eligible for parole in 1960.
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686 Fla.
other prisoners slid from 23rd to 17th floor
in county jail, was proper as having bear-
ing on weight to be given by jury to evi-
dence of escape in reaching decision as to
guilt or innocence.
9. Criminal Law €>1036(1)
In prosecution for murder of police
officer, wherein prisoner, who became de-
fendant’s cell-mate following death of ofh-
cer, stated in response to question by trial
judge that when defendant was brought in
defendant asked prisoner if prisoner had
ever been in San Quentin and that prisoner
had said he had, and answer was promptly
stricken on motion, and on cross-examina-
tion by defendant’s counsel prisoner said
that defendant had asked if prisoner had
ever been in San Quentin, and counsel did
not challenge statement in any way, answer
was required to be deemed to have been ad-
mitted into evidence by consent, and there
was no reversible error.
10. Witnesses C352
In prosecution for murder of police
officer, evidence that defendant had pur-
chased in Las Vegas gun iound on him at
time of arrest about one hour after shoot-
ing of police officer was admissible to show
falsity of defendant’s statement as to how
and when he came into possession of the
gun.
it. Criminal Law G=444
In prosecution for murder of police
officer, wherein defendant did not object
to introduction of evidence that defendant
had registered under assumed name at
hotel on night preceding shooting and kill-
ing of officer and had refused to re-register
on night of shooting although paying for
his room, admission into evidence of regis-
tration book was not objectionable on
ground that there had been no proper predi-
cate.
(2. Criminal Law @>1036(1)
In prosecution for murder of police
officer, evidence that defendant had regis-
114 SOUTHERN REPORTER, 2d SERIES
tered under assumed name at hotel on night
preceding shooting of officer and had re-
fused to re-register on night of shooting,
although paying for his room, was not
so prejudicial as to require reviewing court
to hold trial judge in error for failing to
exclude it, sua sponte, on ground that de-
fendant had not placed his good character
in issue, nor to hold that its admission
constituted reversible error even though its
relevancy and probative value may have
been slight.
13. Criminal Law ©=840
Where trial court gave one of defend-
ant’s requestcd instructions relating to same
matter as instruction requested by state,
defendant could not be heard to say that
state’s requested instruction was not sup-
ported by the evidence.
14. Criminal Law €=829(1)
Where defendant’s requested charge
was covered by gencral charge, trial judge
properly refused to give requested charge.
15. Homicide €>22(3)
Fact that only an instant elapsed be-
tween defendant’s discovery of police offi-
cer and defendant’s fatal shot did not
negative premeditated design to effect offi-
cer’s death.
16. Homicide €>253(i)
Even if defendant, who was struggling
with man in hotel hall as he fired gun from
his hip at another man without bringing
gun up and pointing it, did not know that
the other man, who was killed by the shot,
was police officer, and even though defend-
ant did not kill man with whom he was
struggling, evidence supported conviction
for murder in first degree.
—_——_o—_—
Herman Methfessel and Alvin N. Wein-
stein, Miami, for appellant.
Richard W. Ervin, Atty. Gen., and Reeves
Bowen, Asst. Atty. Gen., for appellee.
MACKIEWICZ v. STATE Fla. 687
Cite as, Fla., 114 So.2d 684
ROBERTS, Justice.
This is an appeal from a verdict and
judgment convicting appellant of murder
in the first degree without recommendation
of mercy. He challenges here the suffi-
ciency of the evidence to support the judg-
ment of conviction and, in addition, assigns
as error the admission of certain evidence
and the granting or denial of certain in-
structions, referred to hereafter.
The appellant offered no evidence in his
defense. I'rom the evidence adduced by
the State the jury was entitled to find that
the appellant shot and killed Lt. Staab, a
police officer, during an altercation occur-
ring in the following manner: Lt. Staab
and Sgt. Stahmer, police officers of Bal
Harbour, were assigned to work at the
Americana Hotel in Miami Beach on the
night of October 30, 1957. Each of them
was dressed in civilian clothes. They left
the Americana at about 2:30 a. m., going
from there to the Balmoral Hotel, which is
next door to the Americana. While still
on the outside of the Balmoral they noticed
a person looking out through a small glass
window in a fire exit door of that hotel.
Stahmer and Staab separated, Stahmer
walking toward the fire exit door and
Staab going in another direction. Stahmer
entered the hotel and as he was walking
down the hall he saw the appellant walking
toward him. When he was about six feet
away from the appellant, Stahmer pulled
his badge out of his pocket, exhibited it
to the appellant, and said, “I am a police
officer. What are you doing?” The ap-
Pellant’s response was to draw a gun—a
.32-caliber automatic—and to motion Stah-
mer to follow him toward the end of the
hall. The jury could have inferred that
the appellant’s gun was already loaded,
cocked and ready to fire. When they reach-
ed the stair well door the appellant stopped
and said, “All right. In here.’ As they
entered the stair well, Stahmer noticed that
the appellant had momentarily turned the
gun away from him, so he grabbed the
appellant’s arm. A struggle ensued, dur-
ing which the gun went off harmlessly.
The struggle carried the appellant and Stah-
mer back into the hall. First appellant,
then Stahmer, tripped and fell on the floor
of the hallway.
At the time of Lt. Staab’s unfortunate
entrance upon the scene, Stahmer was on
his back on the floor, appellant was standing
near Stahmer, pointing the gun at him, and
had just warned Stahmer not to “try any-
thing”, to which Stahmer had replied, “All
tight. Don’t shoot.” Stahmer had not, so
far, taken his gun from its holster. At this
point Staab came around the corner at the
end of the hall with his gun in his hand.
When Stahmer saw that appellant had no-
ticed Staab, Stahmer yelled, “Get him,
Bob.” As Stahmer yelled this, the appel-
lant brought his arm up across his body
and fired at Staab from a position near his
hip. An instant later Staab’s gun also went
off. There was medical testimony that
appellant’s bullet damaged the parts of
Staab’s brain that control the eyesight, so
that his shot could not have been an aimed
conscious shot. There was no evidence that
it hit the appellant. After Stahmer saw
that Staab had been hit, he kicked the ap-
pellant on the arm while the latter was
standing there, and the gun went agains¢
the appellant’s side and he fired again. As
Stahmer started getting to his feet, the
appellant fired again in the direction of
Stahmer. Then the appellant started run-
ning with Stahmer in pursuit. Stahmer
fired several shots at appellant, but the
appellant made his escape. He was, how-
ever, apprehended about an hour later.
Appellant's cell-mate in the Dade County
jail after his apprehension, one Ferguson,
was a State’s witness. He testificd that ap-
pellant discussed the affray at the Balmoral
with him and told him that he, appellant,
was in the Balmoral to rob the cashier.
Ferguson further related the appellant’s
statements to him, as follows:
“As he [appellant] was going down
the hall to approach the lobby where
this cashier was, this man came up
‘lyn, N. Y., home.
must have wun
nes (Andy) Boyett,
ver who had played.
with Piccott in the.
‘re reason to think
ow up at his home
u police had set up
slock system, And
re was the only man
‘ami,
when the news. of.
CV, Boyett phoned
cr they worked out
ved up, Andy would -
ee:
¥
F: — Boyett looked at the friend he had once
$ known. He was standing in the doorway in
*. a leather jacket, looking dirty and beat. He
ould contact Dade - ,
:, Howard had not
’, Boyett felt edgy.
vuties to let them
show up at his .
ispatcher’ reassured ~
“0 bottled up in the
vett heaved a sigh. - By, iS
his wife and two
Miami,
2s a knock on his’
idding me when I
vuyett recalls. “We
“ut when it came
) it. was.”
nerded her two ..
as Boyett went to
. Howard,” said |
47 motioned Piccott to come in. His mind was
racing. It had all seemed so simple when -
they talked it over Sunday. If Piccott
showed, he would call his brother. But
how was Piccott going to know he wasn’t
phoning the police instead? Suppose he had -
a gun? ,
“You'll never know how much I appre-,
ciate this,” said Piccott. “I’m dog-tired and
haven’t had anything to eat for three days.”
Boyett said he’d have his wife fix some-
thing to eat.
“But what you need first, Howard,” he
} said, “is a shave and a good hot bath,”
Piccott, who has a mania for cleanliness
readily agreed. As he started the shower
going, Boyett softly picked up the phone,
20 feet away, and called his brother who
contacted the police.
Twenty nerve-racking minutes later the
police still had not arrived. Mrs. Boyett
crept to the phone and called some neigh-
Eight deputies—guns drawn—rushed into
Boyett’s house, pointed their guns at him
and yelled, “Stick ’em up!”
“I kept motioning for them to get into
the bathroom,” Boyette recalls. “They fi-
F nally got the.idea and lunged past me.”
was caught literally with his pants down.
All he had on was a pair of shorts.
He surrendered quietly, got dressed, and
Wm started to leave the Boyett home with
sheriff's deputies. ,
- His brief taste of freedom had made him
a nervous and physical wreck. He had lost
weight, and had been forced to spend two
-broken-up nights sleeping in a dump-yard
arid an empty rat-infested house. A friend
whom he had been counting on had turned
im in and it was now more likely than
ever that he’d get the chair.
As the deputies led him back to a dismal
cell in the Dade County Jail, he turned to
Boyett and said softly—“I’m sorry about
this, Andy,” .
. With Piccott’s recapture my interest in
fs “the escape plot ended, but I did hear that
Mackiewicz was picked up shortly before
midnight the next day trying to edge out
of town along a railroad track. He was
haggard and spent and put up no fight.
Donald C. Zorens was one of three ac-
cused killers who, along with a convicted
stick-up man, joined. forces in a noisy,
hardware-smashing riot in Denver’s new
County Jail. Zorens, who is being held for
trial on charges he shot and killed Denver
Bo patrolman Donald L.- Seick (This Rap I
Can’t Beat, April vse, 1958), also set
fire to his mattress . . , but he later insisted
this was an accident, coming at the same
B time as the riot purely by “coincidence.”
Warden David Kiebach said that Zorens’ \
contention was ridiculous, but Zorens went
on to hold a press conference, on advice of
his attorney, in which he said, “I guess I °
went to sleep with a cigarette and my mat-
tress accidentally caught fire.” He offered
as proof some burns on his ear . . . but the
warden was still not convinced. He told of
the riot, and of Zorens’ part in it. At about
8:45 P.M., a prisoner named Leonard Se-
dillo, 26, slugged a guard as he was being
“ef bors who phoned Dade authorities, This
"SEM time, the call brought results. ae
Piccott had: just finished his shower and :
taken from a shower room in the infirmary
wing to his cell in the nearby maximum se-
curity wing. (Sedillo was convicted of rob-
bery, one of a long string -of previous con-
victions) Zorens, according to the warden,
shouted, “Slug him . . . Get his keys.”
Other guards subdued Sedillo, who imme-
diately attacked the same guard again as
soon as he was let loose. He was locked in
his cell, and began tearing up his bed, sink
A
ais {ios
and toilet. The two.accused slayers—Ga-
briel Gallegos and Louis Vallejos—followed
‘his example, shouting and cursing. The en-
tire cell block joined them verbally, whis-
tling. and shouting that Sedillo needed a
doctor.. (Later, Sedillo was treated for a
bruised rib and cut finger.) After all the
ruckus had ‘subsided, and guards dragged
Zorens from his smoke-filled cell and the
other three prisoners from their smashed
cells, the four prisoners were put back be-
hind bars, only this time they had no beds
to smash or burn, They slept on the floor
as a security measure. Zorens is pleading
innocent, to the charge of murder, and the
warden admits. he’s never caused trouble
previously as a prisoner.
. Alphonso Gillespie Jr., 26, and his wife,
Wilhelmina, both pleaded guilty to know-
ingly receiving stolen property in connec-
tion with the fabulous William Marshall
Bullitt burglary, which supposedly netted
something like -$200,000 (Money Is For
Partyin’, November 1nstve, 1957, and Jn
At The Finish, March sie, 1958). Al-
phonso drew three years in prison from
Kentucky Criminal Court Judge L.R. Cur-
tis; his wife drew one year. Previously,
Alphonso had been tried in Federal Court
and sentenced to 18 months imprisonment
on a charge of conspiring to transport the
Bullitt money. A charge of transporting
$52,000 of this money will be aired-shortly.
The Gillespies pleaded guilty to knowingly
receiving stolen property in another case,
and this charge was filed away by Judge
Curtis.. In pleading guilty to receiving
stolen property, the Gillespies’ lawyer
pointed out that the sum was only $1500,
and that the wife had very little to do
with the crime. Therefore, the attorney
made a motion for-probabtion in her case,
and Curtis will rule on it later. In connec-
tion with the same burglary—the William
Marshall Bullitt job—one man was pre-
viously sentenced to prison and four more
defendants will come to trial shortly,
making a total of seven people in*on the
record-breaking robbery.
Lee Roy Leick, 34, condemned to death
for slaying his wife five years ago in Den-
ver, Colo., and turned down in his attemot
to escape the gas chamber by a four-to-
three decision of thé Colorado Supreme
Court (J’ve Got This Plan, See .. ., March
INSIDE, 1954), is appealing again. In a
petition filed with the Colorado Supreme
Court by his attorney, Leick asked for a
rehearing of the close decision. Leick, twice
convicted in Denver District Court of kill-
ing his wife, Evelyn, for her insurance, has
been in death row at the state peniten-
tiary in Canon City for nearly three years.
His case touched off a controversy on the
State’s sanity laws that has kept it before
the high court longer than any other crimi-
nal proceeding in the court’s recent history.
Leick’s attorney states that because his
client has been kept in death row for three
years, his mind, “at no time strong, has
further weakened,” and that it is cruel
and inhuman to execute a man who had
to sit and wait for death so long. He went
“on to say that the issue of Leick’s life or
eath is a problem of “fundamental and
overwhelming substance” which “both our
Constitution and Humanity” require be
settled by having execution of the death
sentence set aside.
-Erwin Grady Rodgers, 52-year-old Mari-
etta, Ga., tombstone salesman had a double
victory when the state supreme court over-
turned his conviction for murder in the
death of his. wife (My Husband Is Planning
. My Death, July isive, 1957), and then-a
Cherokee County jury returned a verdict
of acquittal in the death of a Negro handy-
man whom Rodgers shot the same night his
wife was strangled. Rodgers sobbed on hear-
ing the acquittal verdict, and stepped into
the world a free man for the first time in
almost a year. Rodgers had steadily main-
tained his innocence in his wife’s strangula-
tion, and explained killing the Negro handy-
man, Richard Jackson, by saying it was
Jackson who’d choked: Mrs. Rodgers. He,
Rodgers, had confg&into his home too late
to save his wife, but he’d chased the handy-
man to a car and shot him before he could
get away. The bullet caught Jackson in the
heart, killing him instantly. While testify-
ing in his own behalf, Rodgers had told the
jury, “I don’t believe a jury such as this, a
cross-section of . Cherokee County men,
would ever convict a person for defending
his home and loved ones. . . .” He spoke
further, explaining everything that had hap-
pened that fateful night, and didn’t finish
for an hour and 40 minutes. The jury de-
liberated three hours and 45 minutes be-
fore acquitting him.
Mrs. Rhonda Belle Martin achieved a
rare distinction, but one which this mass
.poisoner cannot appreciate (Alabama’s
Burying Hellcat, June instpr, 1956, and
On Death Row, January ¥RONT PAGE,
1958). She died in the electric chair, the
only woman to be executed during 1957 in
the entire United States.
13
Ny
ZT —_— a
MARTIN and PONSELL, hanged Crestview, Fla., 9423-1921 (Continued)
"Shortly before 12 o'clock the two prisoners were brought from the death cell, where they
had been given spiritual comfort previously by Reve I. I, Roberts, pastor of the Milton
Baptist Church, and Ensign Veorge McAteer and part of the corps of the Pensacola Salvae
tion Army post, the latter holding services in the cell at 7330 o'clock, On the scaffold
with Sheriff Steele of Okaloosa Vounty were Sheriffs Bell of Walton, Scott Gregory of
Yadsden, G W. Lewis of Jackson and T. '. Johnson of Holmes, State's Attorney Harry Thom-~
son, William Summerlin of Okaloosa County, and ex-Sheriff Whitaker of Escambia. Martin,
after being brought to the scaffold sang three verses of a hymn and then preached a ser-
mon, taking as his text the Lyth Chapter of John, In a talk to the crowd Martin said
that he had gobten a wrong start in life; he regretted that he could not live to undo the
wrong he had done and realized that he was paying the penalty for the crime for which he
was guilty, and from the first he asked no mercy from the courts or from man, but only of
God whom he he knew had already forgiven him, Ponsell smiled and joked with the sheriff
who put the knot around his neck, asking him for a silk handkerchief that the rope might
not cut his neck, and asking the sheriff not to soil his collar in adjusting the noose,
He insisted that the rope be put on his neck before the black cap as he wanted to see how
it was done. He cautioned those tying his limbs to make a good job as he didn't want any
mishap. Ponsell bid the crowd goodbye, thanking them for the consideration they had
shown him, He said he had found lots of good friends, andhoped they would do something
for his wife and children, Rev, Bishop and Ensign McAteer held a short service on the
scaffold, the former reading a letter from Mrs. Tuggle, mother of the murdered man, the
letter being as follows: 'I, and all members of my family are praying that God will for-
give and save the souls of the two men who killed my son, It is the desire of us all
that they pay for the crime with their lives as directed by the courts,' Ponsell and
Martin both expressed a willingness to die for the mrder which they committed and asked
forgiveness of their victim's relatives and prayers of all West Florida people. Reve
Shoemaker, after rendering a closing prayer, asked the condemned men if they realized
their sins and was answered in the affirmative; asking them if they had repented, they
again answered 'yes,' and were ready and willing to die. He then asked everyone to for-
give them and to make it known by the raising of of their hands. the hands of many peo=
ple in the crowd immediately went up. At 12:10 the trap was sprung and 18 minutes later
the men were pronoinced dead, their hears having ceased to beate Death, however, was
evidently instantaneous, both necks having been broken by the fall, After the hanging, a
collection was called for to be divided among the children of the condemned men; hats
were passed and the sume of $270, 32 cents was contributed. Mrs, Martin, wife of Jake
Martin, was presnet and witnessed the hanging. ‘rs. Ponsell, wife of the other condemned
man, was also at Crestview, but did not witness the execution. Mrs, Ponsell has 2 very
pretty children, one of 3 and the other just l. A well-to-do elderly man approached Mrse
Ponsell and offered to take one of them off her hands, but she promptly refused, saying
that she intended to raise them herself, thanking him for his offer, Mrs. Martin also
had her child with her, George Everitt of Bay Harbor, brother of Mrs, Tuggle, and an
untle of the murdered man, was the only relative of John Tuggle present at the hanginge
FE, G. Newsom of DeFuniak Springs, for whom Martin had worked, received a letter from
Martin a few days ago requesting him and his wife to come and see him, stating that he
had forged two checks and that he wanted to straighten things out. Martin also said that
he owed a man working for the Singer people in Pensacola So¢, and got a mn in the crowd
to agree to pay it for him when he went to the Escambia Cityeeese” JOURNAL, Pensacola,
Flas, 9-2h-1921 (1/7-)
fle FEF EME
MARTIN, Jake and PONSELL, Putnam, both hanged at Crestview, Fla., on 9=23=192 .
"The two men, Ponsell and Martin, charged with the murder of John Tuggle near Crestview
some months ago, will be arraigned at Crestview on Tuesday, September 6, according to
present plants, The two men arenow in the county jail here, presumably for safekeeping
owing to the intensefeelir existing againt them in Okaloosa County, Judge A. G. Camp-
bell. will hear the case and Harry Thompson will prosecute the alleged mrderers," JOURNAL,
Pensacola, Fla,, 9-1-1921 Kx3sX (8-30) :
"Crestview, Fla., Sept. 6, 1921-Calmly and brazen and with apparently no regrets Putnam
-Ponsell, alias Jim Lingo, on trial in the circuit court her, charged with J. V. Martin,
alias Jack Morris, with the.murder of John Tuggle, an automobile salesman of Chipley, on
the fourth of last July, told how he and Martin photted and committed the crime and later
fled to Bainbridge, Ga. By the time the court opened this morning, this little city.was
crowded with people from all parts of western Florida, all eager to get a glimpse of the
.men charged with the crime and to hear the testimony in the casée There were rumors fife
early in the day of mb violence, but Okaloosa authorities were at_no time perturbed as
they had everything well in hand and the prisoners well guarded, A special venire of 100
_ was ordered at 9 o'clockthis morning when court opened, When the prisoners werebrought
into court Ponsell, through his attorney, Mr, Durdin, entered a plea of murder in the
first degree. This is the first time in the history of this court, and possibly one of
the first times, if not the only time, such a plea has been made in thehistory of this
state. Judge Campbell tentatively accepted the plea, but even under a circumstance like
this, the law requires that the jia@ge hear the evidencein the case, Martin, when brought
to plead, was the opposite to Ponsell, He was nervous, shaking and very pale and at time
shed tears. He entered a plea of not guilty. It was said that Martin was wearing some of
the dedd man's clothing while in court, Ponsell was represented by Attorney Durdin, of
Georgia, but Martin had no attorney and Judge Campbell first appointed Mr, Kehoe, who was
.debarred from serving as was,Alto Adams, both having assisted in the prosecution, Finally
Pearl G, Ddams was appointed to defend Martin, Martin made a statement alleging that he
had communicated with his brother at Birmingham and was expe ching an answer, and asked
that the case be postponed until his brother could arrive. Judge Campbell did not deem
this sufficient reason for postponing the trial, but gave Martijn until 2 o'clock to get
in touch with his brother, When 2 o'clock came no sign nor word of his brother was, in
evidence, Whm court convened at 2 o'clock, the selection of the jurors began, Attorney
Adams taking a leading part. 8 jury of 12 was selected out. of the first 7 names drawn,
The jurors were then excused for an hour while Ponsell's plea was heard, The first wit-
ress to testify was the undertaker who examined the body of John Tuggle when found. He.
testified that he found the body of the many lying beside the automobile,, and that along-
side the body was an auto jack and an iron pin about about 18 inches long, and that these
instruments had hair, blood and brains clinging to them, and that the pockets of the vic-
tim's clothes were turned wrong side out, The auto, the undertaker testified,was about
50 yards off the road near Deerland. Lester Alford of Chipley testified to going to
Bainbridge, Gas, and there saw the defendants who made full confessions at that time, The
sheriff at Bainbridge, who was next on the. witness stand, made similar statements as to
the confessions of the defendants, The mother and two sisters of John Tuggle identified
a watch, chain and knife taken off Ponsell at the time of his arrest as the property of
John Tuggle. At the close of the state's testimony, Attorney Durbin requested Ponsell to
tell the truth about the whole affair, Ponsell then took the stand, and calmly and withe
out any sign of: fear or regret told. the story from the time he and Martin first met John
Tuggle to their arrest in Bainbridge, as follows: ‘About the second of July Martin and I
met Tuggle at the Choctawahatchee forty near Caryville. We asked him for a ride to Mil-
ton, telling him that we expected to get work at themill at Bagdad, Ke told us to come
on and we climbed into the car. On the way we stopped at Holt for soda and gasoline. We
made no plans for the murder until after we reached Milton, We could not get work at Bage
dad and met Tuggle in Miltom and asked him for a ride back with him, which he agreed to.
Near the bridge at Milton we picked up a drift pin about 18 inches long, Martin said to
put ih in the grip as we might need it on the way back, We crossed over the river and
met Tuggle, Martin sitting on the front seat beside Tugzle and I sat on the back seab.
Just this side of Deerland I struck Tuggle a heavy blow across the head with the drift
ing arti j i :
chee ate gh Ln abeue ce cards “oft the ee Ph hs eal Martin and thet sauce:
Tuggle's pockets and Martin took 432,22 from one on them. I took the watch and chain and
a gold pencil, Martin taking some socks and clothing, also personal belongings from
Tuggle's grip,.~ As we opened the door Tuggle's body fell out and one of us hit him with
therod and the other with the auto jack, We intended to steal the auto, but it was so
splashed with blood that we were afraid to take it, The only money I go was 25 cents
which Martin gave me, We walked to the railroad and then took the train for Bainbridge
where I got a job in a sawmill, Martin was arrested for stealing and was,recognized,
Later I.was arrested.and taken to Jacksonville," Ponsell. admitted to having hit the first
-« and last-blow in the brutal crime, and made no attemt to place the blame on Martin, After
the taking of the testimony, Attorney Hutchinson, who-with, *ttorney. McRae.is assisting in
the prosecution, made a statement to the court that the facts as stat@d constituted murder
in the first degree, Judge Campbell said that Pons el 1' s~plea met .all the reouirements of
the, law, but-that he wuld defer imposing the death penalty until after the trial of Mare
tints case, Ponsell madehis confession clear and deliberate, later making a full confession
in friting to his attorney to be taken home to his mother, Tie court room was crowded to its
utmost, men, women and children packed in the room, even the jury.box.being filled, Judge
Campbell then instructed the jury:not to separate, adjourning court to 8 o'clock, Upon
conve ing court at night it was again adjourned to 9 o'clock tomorrow morning," JOURNAL,
Pensacola, Florida, 9-7-1921 (1-1, ) :
"Crestview, Fla,, Septe 7, 1921-The death sentence was today passed by Judge Campbell, in
the circuit court here, on Putnam:Ponsell and J, V. Martin, for the mrder of Jofn Tuggle,
on “uly l, last. Ponsell made a full confession of the crime in court yesterday, impli-
cating Martin, Martin was immediately placed on trial, Ponsell being the chief witness,
He repeatedly denied his connection with the case,:.as the confession indicated, claiming
thatthe deed was done by Ponsell, the only part he taking was as an onlooker, being afraid
to remonstrate on account of threats on his life by Ponsell, The jury brought in a.verdict
at 5 o'clock after being out 30 minutes, After the verdict, Martin broke down,and made a
full confession, corroborating the story as-told by Ponsell, The substance of the con-
fession was that Ponsell and Martin met Tuggle driving toward Milton in an auto on July 2
and were given-a life, When Tuggle left Milton on July 4, the two men met him just across
the river from Milton and asked for a lift back to DeFuniak, When a few miles from Deer-=
land, Ponsell, who was riding in the back seat, struck Tuggle over the head with.an iron
bar, stunning him, Martin then struck him two more blows with thebar, !hey then drove
the auto about 50 yards from the main road, pulled the body of Tuggle out of the car, one
man beating him with the bar and the other with an auto jack, until they were sure he was
dead, After robbing Tuggle of his money and clothes, the men walked to the railroad, boarding
a train for Bainbridge, Ga., weere they were: later recognized and arrested," JOURNAL,
Pensacola, Fla., 9-8-1921 (1=7.) |
"...Evidknce at the trial showed the men rode to the east bank of the Blackwater River,
opposite Milton,. with Tuggle and were carried possibly 20 miles, On the way to Milton, they
learned from [uggle that. the latter was on the way to Milton to visit a young lady and that
he expected to make a return trip, within a day or two, Then, it is thought, the two cone
ceived the idea of getting the car and Tuggle's money and killing him, Tuggle started back
on the return trip July 5, and the two men met him again, “Whether or not he invited them
to ride with him will never be known, They did enter his car a few miles east of Milton,
and at a point near Deerland they killed him...ePonsell is still cool and brazen, and will
probably keep his nerve to the last. Martin, on the contrary, is nervous and wretched,
and it is thought may possibly break down and have to be helped to the gallows, They will
be hanged at the same time which is a, request they made...Mrs. Putnam Francis Ponsell went
to Tallahassee to be clemency in the case of her husband, aad she had with her her two
little girls, neither of whom is old mough to walk,.."JOURNAL, Pensacola, 9=22=1921 (1/7).
' EXECUTION.
"Crestview, Fla., 9=23-1921l-Nervy to the last, Putnam Ponsell and Jake Martin went to the
gallows for the murder, of John Tuggle with the airs of one going on a journey rather than
going to the gallows, Without a semblance of fear they bid the crowd goodbye, shook hands
with each other and were dropped into eternity, a double execution, With the comeing of
the early morning trains, crowds began to flock to Crestview. Automobile after automobile
came from all directions, vehicles of all descriptison brought in the visitors, and the
grounds around the jail was early alive with bustling humanity. 1% was like a circus day
in town, Many brought their lunches, while others came prepared to stay throughout the
night if need be, All were bent on seeing the finish of the murders of John Tuggle pay
the extreme penalty, Some cameprepared in case there was any hitch in, the ceremony,
The crowd wis a mats OM affair, Prem the old, gray haired folks to the tiny tots, many
of the latter being present to witness the gruesome spectacle of the double hanging, which
was to be a public one.
en
SA/Las Vegas Review-Journal/Wednesday, May __, 1992
Associated Press —
STARKE, Fla. — A man who
.raped, robbed and murdered a
college student was executed in
Florida’s electric chair Tuesday
after courts dismissed his claims
of mental incompetence.
“I may not be insane right
now, but I was insane when I
committed this horrible crime,”
43-year-old Nollie Lee Martin
said minutes before a black-
hooded executioner turned a
switch, sending 2,000 volts
through his body.
Martin was condemned for
the 1977 murder of Patricia
Greenfield, 19, who was work-
ing a summer job as a conve-
nience store clerk. |
In a rambling statement that
lasted several minutes before
the execution, Martin apolo-
gized for the murder and said it
was torture living on death row
15 years before being executed.
“My suffering will be over in a
few minutes. I just hope that
those who are involved emotion-
ally, spiritually and psychologi-
cally ... can understand when I
say I am sorry,” Martin said. “I
am truly sorry from the bottom
of my heart.”
He also spoke to the victim:
“Patricia, maybe I'll be able to
meet you in heaven because I
Murderer exe
_ truly believe that is where I’m ©
cuted in
SOOO
’
Rov dad N°
NOLLIE LEE MARTIN
Pleas dismissed |
going.”
When he finished speaking, a.
thick’ rubber flap was draped
over his face. Prison superinten-
dent Everett Perrin, overseeing
his first execution, spoke briefly
to Gov. Lawton Chiles and then
nodded to the executioner.
When the power was turned
on, Martin surged slightly back-
ward. His right hand balled up,
and the fingers of his left tried
to dig into the arm of the chair.
The Supreme Court cleared
the way for the execution Mon-
day, unanimously rejecting two -
Florida _
applications for'a stay of éxecu-
tion and one petition requesting
a review of the case.
He also was convicted of set-
ting an apartment-building fire
that killed three people in Guil-
ford County, N.C., in 1972. He
was given 18 to 30 years in pris-
on, but was paroled after four.
Martin’s lawyer, Richard
Burr, claimed his client was
brain-damaged and mentally ill,
that his urges were the result of
a history of beatings, sexual
abuse and childhood accidents.
In his appeals, Burr showed a
videotape taken last winter
showing Martin rocking back
and forth, cradling his head and
- picking at sores on his skin. The
tape failed to convince Chiles
that he should grant clemency.
Greenfield, a George Wash-
ington University student from
Boynton Beach, was working at
a store in Delray Beach when
Martin and his cousin walked
in, grabbed two cases of beer
and robbed the store.
They kidnapped Greenfield
and drove to Martin’s apart-
ment where Martin and Gary
Forbes, the cousin, both raped.
her. She was then taken toa
Lantana dump where Martin
strangled her and stabbed her
repeatedly in the throat.
Forbes is serving a life term.
nF mae nw @
2661/21/S (uowea
g Nollie Lee MARTIN, Petitioner-
Appellant,
Vv.
Harry K. SINGLETARY, Secretary,
Florida Department of Corrections,
Respondent—Appellee.
No. 92-4411.
United States Court of Appeals,
Eleventh Circuit.
May 11, 1992.
After his murder conviction and death
‘ were affirmed on direct appeal, 420 So.2d
583, and he was denied habeas relief by the
Florida Supreme Court, 599 So.2d 119, peti-
tioner filed third petition for federal habeas
relief. The United States District Court
for the Southern District of Florida, No.
92-8257-CIV, James Lawrence King, J., de-
nied petition, — F.Supp. ——, and peti-
tioner appealed. The Court of Appeals
@: (1) petitioner’s claims were abu-
ve or successive and would not be con-
sidered absent showing of cause or preju-
dice, and (2) petitioner failed to establish
actual innocence, such that denial of peti-
tion would result in fundamental miscar-
riage of justice.
Affirmed.
1. Habeas Corpus <898(1)
Petitioner’s claims relating to consider-
ation of “especially heinous, atrocious, or
cruel” aggravating factor at penalty phase,
to alleged restrictions on trial counsel’s ef-
forts to develop and present nonstatutory
or mitigating evidence, to denial of assist-
ance of mental health expert, and to prose-
cutor’s alleged presentation and use of
false evidence and argument were abusive
or successive and, thus, could not be con-
sidered in petitioner’s third habeas petition
absent showing of necessary cause or prej-
udice to overcome procedural bars.
2. Habeas Corpus ¢898(1)
Petitioner failed to establish he was
] ly innocent” of death penalty such
aw@enial of his third habeas petition on
965 FEDERAL REPORTER, 2d SERIES
basis of procedural bars would result in
fundamental miscarriage of justice.
Richard H. Burr, NAACP Legal Defense
Fund, New York City, for petitioner-appel-
lant.
Carolyn M. Snurkowski, Asst. Atty. Gen.,
Office of the Atty. Gen., Dept. of Legal
Affairs, Tallahassee, Fla., for respondent-
appellee.
Appeal from the United States District
Court for the Southern District of Florida.
Before KRAVITCH, HATCHETT and
EDMONDSON, Circuit Judges.
ORDER:
Petitioner-Appellant Nollie Lee Martin,
convicted of murder and sentenced to
death, appeals from a District Court order
denying his Petition for Habeas Cor-
pus. —— F.Supp. ——. In this, his third
federal habeas petition, Martin raised four
claims:
1. The sentencer’s consideration of the
“especially heinous, atrocious, or cruel” ag-
gravating factor at the penalty phase vio-
lated Maynard v. Cartwright, 486 U.S.
356, 108 S.Ct. 1853, 100 L.Ed.2d 372 (1988),
and the Eighth and Fourteenth Amend-
ments (the “Maynard claim’);
2. The operation of Florida law restrict-
ed Martin’s trial counsel’s efforts to devel-
op and present nonstatutory mitigating evi-
dence in violation of Hitchcock v. Dugger,
481 U.S. 398, 107 S.Ct. 1821, 95 L.Ed.2d 347
(1987), and the Sixth, Eighth, and Four-
teenth Amendments (the “Hitchcock
claim’’);
3. Martin was denied the competent as-
sistance of a crucial mental health expert
under Ake v. Oklahoma, 470 U.S. 68, 105
S.Ct. 1087, 84 L.Ed.2d 53 (1985) (the “Ake
claim’”’);
4. Martin’s trial and sentencing pro-
ceedings were constitutionally defective
due to the prosecution’s deliberate and
knowing presentation and use of false evi-
dence and argument, in violation of Brady
v. Maryland, 378 U.S. 83, 88 S.Ct. 1194, 10
Ra ia el eanee lonRe neRn pi:
OSS AGM RS tiesee 9 85 pan sage
MARTIN
Cite as 965 F
L.Ed.2d 215 (1967), and Giglio v. Uni
States, 405 U.S. 150, 92 S.Ct. 768,
L.Ed.2d 104 (1972) (the “Brady/Gig
claim’’).
The district court granted a Stay of E
cution pursuant to 28 U.S.C. § 2251 on M
6, 1992, and held a hearing on May 7, 19:
to permit the parties a full opportunity
be heard on the issues raised by the p:
tion. After hearing the evidence presen:
at oral argument, the District Court ru
that all four of Petitioner’s claims for re)
are either abusive or successive. Rega
ing the first three claims, the court fou
that Martin failed to include the Mayna
challenge in either of his prior federal |
beas petitions; that an essentially identi:
Hitchcock claim was raised in his seco
petition and adjudicated on the merits, s
Martin v. Dugger, 686 F.Supp. 1528, 152
28 (S.D.Fla.1988), aff'd, 891 F.2d 807 (11
Cir.1989); and that the Ake claim w
raised in the 1984 petition and was adju
cated on the merits, see Martin, 84-842
CIV-KING (Sept. 5, 1984 at 3), aff'd, 7
F.2d 918, 938 (11th Cir.1985). The cou
did not reach the merits of any of the:
claims because it found that Petitioner d
not establish the cause or prejudice nece
sary to overcome the procedural bar
hearing a successive or abusive petitio
See McCleskey v. Zant, — US. —, 1)
S.Ct. 1454, 118 L.Ed.2d 517 (1991). Tt
court further found that Martin failed ‘
establish that he was “actually innocent
of the death penalty such that a denial c
his petition would result in a fundament:
miscarriage of justice. See Johnson
Singletary, 938 F.2d 1166, 1183 (11th Ci
1991) (en banc), cert. pending.
1, The mandate in Johnson was stayed by orde
of this court on September 18, 1991, pending th
filing of a petition for writ of certiorari in th
United States Supreme Court. On December 2
1991, the Clerk of the Eleventh Circuit wa
advised that the petition had in fact been filed
Following the usual practice in this court, th:
mandate in Johnson was then stayed pendin;
the disposition of the application for certiorari
See F.R.App.P. 41(b).
Although the mandate in Johnson has not ye’
issued, it is nonetheless the law in this circuit
A mandate is the official means of communicat
ing our judgment to the district court and o
aI 8 vey
States, 405 US. 150, 92 S.Ct. 768, 31 in the amended petition,
L.Ed,2d 104 (1972) (the “Brady/Giglio held that Martin had not
claim”’), neglect for his failure to bring this claim in
otis an earlier petition: Moreover, the court
The district court Granted a Stay of Exe- found that the letter discovered by Martin
cution pursuant to 28 U.S.C. § 2251 on May ~~; ; ’
; did not establish that the State had with-
6, 1992, and held a hearing on May 7, 1992, ‘ : ‘
; : . held evidence and did not establish that an
to permit the parties a full Opportunity to | , is ,
: : : actually innocent defendant was convict-
be heard on the Issues raised by the peti- ed or sentenced to death
tion. After hearing the evidence presented :
at oral argument, the District Court ruled [1,2] For the reasons set out in the
that all four of Petitioner’s claims for relief District Court’s thorough and well-rea-
are either abusive or Successive. Regard- soned Opinion, we agree that all four of the
ing the first three claims, the court found Petitioner’s claims are abusive or succes-
that Martin failed to include the Maynard sive and that Petitioner has not demon-
challenge in either of his Prior federal ha- strated the necessary cause or prejudice to
beas petitions; that an essentially identical overcome these Procedural bars to review.
me justice.
, NAACP Legal Defe
City, for petitioner-z
irkowski, Asst. Atty. Gen,
ty. Gen., Dept. of 4
see, Fia., for resp er
he United States Distriet
ithern. District of Flo
TCH, HATCHETT ar
Jireuit Judges. |
i py
Hitchcock claim was raised in his second Further, Petitioner has not established that | és
| lant Nollie Lee Mar n petition and adjudicated on the merits, see he is actually innocent of his conviction or jis
irder aids entenced, to i Martin v, Dugger, 686 F.Supp. 1528, 1527- his Sentence. This court concludes that the if
om a. District Court order 28 (S.D.Fla.1988), aff'd, 891 F.2d 807 (11th Ssues presented by the Petition for Writ of
Wes
tition for Habeas Cor.
.——. In this, his. third
tition, Martin reited ae
Cir.1989); and that the Ake claim was Habeas Corpus would not be debatable
raised in the 1984 petition and was adjudi- among reasonable jurists. See Ritter v.
cated on the merits, see Martin, 84-8426- Thigpen, 828 F -2d 662, 667 (11th Cir.1987),
198 § CIV-KING (Sept. 5, 1984 at 3), aff'd, 770 Accordingly, Petitioner’s motion for Certifi-
ideration of the F.2d 918, 933 (11th Cir.1985). The court cate of Probable Cause is DENIED and the
COr.8: uae . cruel” age | did not reach the merits of any of these judgment of the District Court denying the
18, ee phase. vio- claims because it found that Petitioner did Petition for Writ of Habeas Corpus is AF-
ie” , not establish the cause or Prejudice neces. FIRMED.
' mad 372 (1988), # ‘sary to overcome the procedural bar to Petitioner’s Stay of Execution, entered
‘ ries urteenth Amend @ hearing a Successive or abusive petition. Tuesday, May 5, 1992 is hereby extended
| and iain” ee" - 2 | See McCleskey v, Zant, — US. ——, 111 until Tuesday, May 12, 1992, at 7:00 a.m. in
nard. © pi trie S.Ct. 1454, 113 L.Ed.2d 517 (1991). The order to enable the Petitioner to seek re-
on of Pantera’ +s aa @ court further found that Martin failed to view in the United States Supreme Court.
-counsel’s:e |
Pee, establish that he was “actually innocent”
nstatutory mitigating eve
: ®@ of the death penalty such that a denial of
of acs aarp an his petition would result in a fundamental
S.Ct. 1821, 95 L. @ iscarriage of justice.
Sixth, Eighth, and Four See Johnson v,
“Hitcheock Singletary, 938 F.2d 1166, 1183 (11th Cir.
ents (the nad 1991) (en bane), cert pending.!
. t as @ |. The mandate in Johnson was Stayed by order returning jurisdiction in a case to the district
denied the — of this court on September 18, 1991, Pending the court. The stay of the mandate in Johnson
cial mental heal — is i filing of a petition for writ of certiorari in the merely delays the return of jurisdiction to the
470 U.S. 68): , j United States Supreme Court. On December 3, district court to out our judgment in that
lahoma, rf ane carry judg.
Sd.2d 58 (1985) (the Aké 1991, the Clerk of the Eleventh Circuit was case. The stay in no way affects the duty of this |
= nm @ a ane a te ioe had in ea been oe Panel and the courts in this circuit to apply now {|
cals ar ing the usual practice in this rourt, the the precedent established by Johnson as binding I |
ial d sentencing pre : mandate in Johnson was then stayed pending authority. Thus Johnson is the law in this
‘lal an ‘ the disposition of the application for certiorari. ES foal.
constitutionally defective See FR App.P. 41(b) circuit unless and until it is reversed
secution’s deliberate or
ition and use of false e¥?
ent, in violation of Brady
US. 88, 88 S.Ct. 1194,
_ Although the mandate in Joh
3 : PF CREROE MEIC Ie REE Te eT ey
’ ; thy NT ERS Oe RSS EO CK MCLEE A TSE
ee tN a or
before. . ee
120. Fla:
LeU; Blas | 599 SOUTHERN RERORTER, 2d SERIES
requested stay. of . impending execution...
The District Court of Appeal. held that: (1),
even if heinous, atrocious, or cruel aggra-
vator under death penalty statute were un-
constitutional, invalid aggravator would be
harmless, and (2) claim that defendant had
been denied competent assistance by men-
tal -health experts in- murder. Prosecntign
was procedurally barred. “
: Affirmative relief denied.
bee. also, +599 So. 2d 121,
Ee aioe a Ss :
1. » Criminal Baw 1001
- Grant of certiorari review by the Unit-
ed States Supreme Court in another Florida
death penalty case did not entitle defendant
to stay of execution, as cases were distin-
guishable; in defendant’s case all five ag--
gravating circumstances were affirmed,
and harmless error analysis was not at.
issue in defendant’s case, unlike case in
which certiorari was granted.
2. Homicide ¢=343
» .Even if heinous, atrocious, or cruel ag-
ginieiter under death penalty statute were
unconstitutional, invalid aggravator would
be harmless, in case in which four other
valid aggravating factors were found, and
no mitigators were found.
3. (Criminal Law ©998(13), 1001
” Claim. that defendant had been’ denied
competent assistance by mental health ex-
perts in murder prosecution, was procedur-
ally barred on motion for postconviction
relief and request for’ stay of execution,
where defendant had attacked his mental
examinations before, but denial of compe-
tent assistance aan had not been raised
ok
ye Gane
rirc
ras
rn
"Richard H. Bake NAACP Legal Defense ™
Fund, New York K City, for a pelitionse/ appel-
1 We ‘have jurisdiction. Art. V, § 5 3b)(1), (9),
EB COMst Si eiiron Sande AREER): nc i
25 Martin. Dugger, 891 F. 2d 8 807 (11th Cir.1989),
s.cert.,. denied, : -—— US..—, oe S.Ct. 222, 112,
SP Rioa ‘178 |(1990),..and cases cited therein.”
Martin > ¥: State, 515.S0.2d°189 (Fla.1987)° Mar5
Glin Dugger, 515 So.2d 185 (Fla.1987); Martin!”
tots Main fainwright, 497, So.2d ‘872 (Fila. 1986), (certs.
os, 4
-ever, and whether we did a harmless error
ibe -- Tie fexiel ne fost Ch nen Hy iets
*’Robert A. Butterworth, Atty. Gen., and
Carolyn M. Snurkowski, Asst. Atty.. Gen., .
Tallahassee, for respondent/appellee._
“PER CURIAM. -
Nollie Martin, a prisoner on death 3 row,
petitions this Court for writ of habeas cor-
pus, appeals the trial. court’s denial of his
motion for postconviction relief, and re-
quests a stay of his impending execution.!
We deny all Tequested relief.
oh Martin: has a lengthy history i in the
courts.? The governor. recently signed his
fourth death warrant, prompting the in-
stant proceedings. In this petition Martin
argues that we should stay his execution
because the United States Supreme Court
has granted certiorari review, 112 S.Ct. 436
(1991), of Sochor v. State, 580 So.2d 595
(Fla.1991). Sochor, however, is distin-
guishable from the instant case.
In Sochor the evidence did not support
one of the aggravators found by the trial
court. Jd. at 603. We affirmed the death’
sentence because “{s]triking one aggravat-
ing factor when there are no mitigating
circumstances does not necessarily require
resentencing. ” Td. at 604. In other words,
any error was harmless. We did not ‘detail
a ‘harmless error analysis in our written
opinion, however, and before the Supreme
Court Sochor argued that this Court failed
to’ make -a harmless error analysis or to
reweigh the evidence after striking an ag-
gravator. We affirmed all five aggrava-
tors found by Martin’s trial: ‘court,? how-
analysis is not at issue in Martin's case.’
because no error ceeurred: : SINE
“[2) “Sochor ‘alko. argued, to ‘the. Sapreme,
Court that, the heinous, atrocious, . or cruel:
aggravator i is unconstitutional. ; Martin did
not object, to the, heinous, atrocious, or. “cru-"
watt a
" denied: 481.U:S. 1033, 107.S:Ct..1965; 95 L.Ed.2d°
, 536 (1987); Martin. v.. State, 455 So.2d,_ 370 (Fla.
71984); Martin v. State, 420. So.2d 583 (Fla. 1982), ,
-“cert. denied, “460 U.S. 1056; 103 S.ct 1508, 75
"SLE 2d-937. (1983): ALENIIGM Xin Neve
Bvigiees odS upestantg: abit, ita eaes
3p 420, So. 2d at 585...
me
BES hegre teerd theses neds
a et
*:- before® and
_ Should have
“Kes That thi
el instructic
we affirmes
a_ heinous,
The Socho:
ly barred. :
Court, were
valid, we w
it harmless
would leave
against no
invalid agg’
fect and. v
reasonable
the Supre
Sochor has
[3] Inh
conviction r
1) error un
U.S. 393, 1
(1987), that
fective; ang
ance by me}
cock claim
tin has att)
before. TT)
yet another
them is wu
this, the e]
State, 524
ond issue,
and the rea
: be sente
,, Cious or,
' wicked o}
outrageo
designed
8.4 (lawyer’
afecaaba dad 7.
under® bath: “However, “the: ‘fact remains 3
© that ‘Poplack 1 lied” to a "police ‘officer investi-
gating’ a suspicious. scene. Only ‘the ‘police
~ officer’s timely intervention prevented Po-
plack ‘and the other individual from* suic-
’ cessfully stealing the car. Even though his
| lie was. not related to‘ his practice of. laws
“we hold that Ronbick's.¢ Senne is still: ai
violation of rule 4-8.4. ~ Got ‘oifom
_ With’ respect . to discipline. the pevree
Hoplack’s conduct cannot be disputed.
However, he has: not. been the subject-of
prior disciplinary: action, and there is: miti-:
gating evidence showing that he acted un-*
der the emotional distress of a broken mar-
riage. Additionally, many ~ witnesses.’ of-:;
fered their opinion that Poplack had begun’
a significant | rehabilitation. Given these’
circumstances, we believe that a thirty-day -
suspension is appropriate to recognize the:
seriousness of the offense. We think that
the referee’s recommended period of proba-
a ictik +3
not sup-. %.
‘upon which.
baséd. The
Tuthfulness’
ulating The
Sar’s: Ideals.
~ See Rules
3.3 (candor
ness of op-
‘t (truthful
ws on tion with counseling will encourage and.
hee tie ‘e facilitate Poplack’s continued rehabilita-
° tion. The probation is an appropriate
vart of the means to ensure that Poplack’s rehabilita-.
he should, tion is genuine and continuing.
late disci-
Accordingly, we suspend Ariel Poplack.
sciplinary
oe aor from..the practice of law for thirty days,
te _ during which time he is enjoined and pro-
blic from hibited from the practice of law in Florida,
time not with automatic reinstatement at the end of.
a quali- the period of suspension as provided by
must be Rule Regulating The Florida Bar 3-5.1(e)..
cient to The suspension shall take effect on June 1, :
ne same 1992, thereby giving Poplack thirty days to
thabilita. close out his practice in an orderly fashion.
must be: and to protect his client’s interests, includ-.
) might ing providing the notice required by rule 3—
nvolved 5.1(h) of the Rules Regulating The Florida
v. Lord, Bar. Additionally, we" place Poplack’ on’
hasis in probation for a period of eighteen months"
Reena TEH, as provided in rules 3-5.1(c) and 3-5.1(d).:
ar cites’ During this probation, the Poplack. shall
tion ‘are! participate in psychological counseling, and
‘it “case. the” counselor shall submit reports. to “the
or ‘and’ ‘ Bar every six months indicating. Poplack’s .
hot in-* compliance and progress. The costs. of
aud on these proceedings are taxed’ against *Po-*
plack~ and judgment is entered in the
ww Ra
aden So.2d 119 (Fla. 1992)
of
5
IG toe BSRAS
wae
oe
amount” of $2, 240. 93; aa, for’ = ye Tg Paice
> ee ‘
each on isste: SeaqA to. sw00 Joriaid edT
we ts. suv). ~o suoioots , auonisd i gv9 -
so ordered.
SiS ited algsaadteed reba: ‘todsv
nitrtttangs
ad: hfragr safer neon
“OVERTON. RE BON TDs
KOGAN, ing HARDING, cnt ak
=GRIMES,:J.,"dissents’ with’ an: ‘opitiion, in=
which SHAW, ae: concurs, ‘S1Ubg907g - 8
ew Giie tet
uoejjan
GRIMES, Tusties, dissenting ng Sau tha
HS ne 2 oO?
There is no suggestion that Pease? Ww
under the influence of drugs or alcohol at
the time of the incident.» Under: thesé:Cir-- i
cumstances, it. is hard: for-mé to::believe
that: he could have: stolen the attomobile:.
from a-perfect stranger.as. a: prank,.and.I’,
note that: he never testified that this was. fp
his motivation. ~If it truly was.a prank, :F- |
question: Mr. - Poplack’s. judgment 1 to.:prac-:
tice law. I would suspend him: for-a:mini-
mum of bien d icon Ditehastad af sr 2k
aay AAs Celt
SHAW, C.J., concurs. rs. 5, ney; ae
a ee ee ee
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ee
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cree
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° S ney The P
: segues
Redden itt ey Aap avatar th:
Nollie Lee MARTIN, Petitioner,
ve. : . : he o -_
car “Harry. K. ona -
etc., Pamper. Sins
wale 'wstks SY
AyI rayh:
"Nollie Lee. MARTIN, ‘Appellant,
43 LM BTOUSAIMTBZS
iad ho “y. fet “onadeieas - Fass
STATE of Florida, Appellee. oestoui
Nos. 79779, 79781.
Se ee ET TS
. cae * Supreme’ Court: of Florid grace
sGaB\Ga: Y weit back
"May 5, 1992. _ Sits!
AOe (DERE 2 iA .oupibaita, aved SWOT
WN Ter
ct Dettabilant, whose conviction: of murder
and ‘death Senterice- had’ been “affirmed? ‘by>
the Supreme Court, 420 ‘So. 2d 583, “sought
postconviction, relief; The Circuit Court,
Palm* Beach' ‘County, James R.. Stewart,.-E.,
denied’ ‘petition.” “Defendant appesleda and
ee RE ate nt) ot Oe ae
