RY Boint
+r Aust tead the Grtiche Yoo
Weote Feeling Fhe Paw , Living the Jove’,
Thanks for having A Sent to me —
4h\s GmMwle means Olet +54 me, And =
wilh pass it Grend My ped,
xy Alw/S irs onder od why you alo Wheat
You do — thes arrue Oaswered my
Guesten. sts Cowe yeur Q Saint $2
Bvt teally - your a wonderfull
Person Marie — Iv yearned So fI~!
Lrom you ; mostly few Fe forgive pay self,
T woudve never been able te oly that
iF = dich 'F get to Know yor,
Ti! 4ta/K to yer Seen - + han ks again
for the Artelt — yt passed On
lot of Jove to me toa ghT.
Dear Marre)
VY
9
..and your
wonderful hugs!! <=
9a) 93
Dear Marie,
Well Sewt, ts one year
Ate te dag +he state O\mest had
ther woy with Me, Had “+ not
been Poy yer —- FX wovidve beer
Aone » Locever.
You Showed me +hat my (fe is
not sver, And that TF can Sti
Make oo difference.
T4s been a tevgh year — buf =
Lee | VWke mV dene my best aad
t Leet Vike zc have made GQ Smat(
difference,
rma very \heppy to
lobe Alive oo a Lr fee\ Vory Strong ,
Iwa ereody to Kick Some More bott
in this nekt Year,
T Can never thank Yor enegh
Marie , for Onapgin a me ovtof
theo} death house,
Your the Greatest! Z (eve 772 /
——
—_
b/29/: q|
thenks alse for that Great
birthday Card - and the bok,
Ty) talk te yoo Jen.
Le VC ,
A
Cc”
HUGH J. M. JONES, III
ATTORNEY AT LAW
TELEPHONE 237-6458
P. O. BOX 4461
8800 TIMBERLAKE ROAD AREA CODE 804
LYNCHBURG, VA. 24502
June 14, 1990
Marie Deans
4912 West Broad Street
Suite 205
Richmond, VA 23230
Res: Joseph Savino
Dear Ms. Deans:
Enclosed herewith for your information, please find copies
of a motion and order we have received from the Attorney
General's Office regarding an evaluation of Joseph Savino.
Mr. Jones is on vacation and will return to the office on
June 26, 1990.
. Very truly yours,
\
\ HUGH J. M. JONES, III
- POL Weber
HUGH J. M. JONEs, III
ATTORNEY AT LAW
Fax N
UMBER — TELEPHONE 237-6458
P. O. BOX 4461
(804) 237-3782 8800 TIMBERLAKE ROAD AREA CODE 804
LYNCHBURG, VA 24502
June 13, 1990
Virginia State Penitentiary
Attention: Warden Muncey
P.O. Box 27264
Richmond, VA 23261
Re: Commonwealth v. Joseph Savino
Dear Warden Muncey:
I am writing to advise you that I am the Court appointed
trial attorney and continue to represent Joseph Savino, who has
been, or is about to be, transferred from Mecklenburg
Correctional Center to the Virginia State Penitentiary to await
an execution date presently scheduled for June 29, 1990, upon a
conviction of capital murder. It will probably be necessary
that I communicate with my client between now and June 29, 1990,
and I would appreciate it if you would assure that he is able to
return my phone calls, either at my office number, which is
804-237-6458, or at my home number, which is 804-384-7633. It
may also be necessary for Mr. Grady W. Donaldson, Jr., who was
appointed along with me to represent Joseph Savino, to
Communicate with him, and his office number is 804-237-0416.
I am also writing to advise that assisting me, at this time,
in my representation of Joseph Savino is Marie Deans in the
capacity as a legal assistant or paralegal. She is located in
Richmond, and it may be necessary for her to communicate with
Joseph Savino, either by telephone or by visiting him at your
facility. Therefore, I would request that you allow Ms. Deans
to visit Mr. Savino at your facility, as and when necessary, and
jn accordance with your security requirements, and that you also
allow her to communicate with him by telephone, if necessary,
and to return her phone calls.
In the event you have any questions regarding the above,
please do not hesitate to contact my office, Mr. Donaldson, or
Marie Deans, whose phone number is 804-353-0093.
Thank you very much for your cooperation in this matter.
Very truly yours,
|
Hugh J. M/ Jgnes, III
HJIMJIII/bw “—
cc: Joseph Savino
TA: and Mrs. Joseph Savino
Marie Deans |
Eugene Murphy, Esq.
Grady W. Donaldson, Esq.
ADDRESS REPLY TO
VA. STATE PENITENTIARY
P.O. Box 27264 COMMONWEALTH of VIRGINIA
Richmond, VA 23261
DEPARTMENT OF CORRECTIONS
18 June 1990
Mr. Hugh J. M. Jones, III
Attorney at Law
P. O. Box 4461
Lynchburg, Va. 24502
Re: Joseph J. Savino #166553
Dear Mr. Jones:
This letter is to confirm receipt of your letter dated
June 13 regarding your communicating with your client,
Joseph Savino, who presently housed at this facility.
Every effort will be made to ensure you, Mr. Donaldson
and Ms. Deans, communicate by phone and/or in person
with Mr. Savino, within security requirements whenever
necessary.
If this office can be of any assistance, please do not
hesitate to call Mrs. Groome or Mr. “_ at
804-786-2101. “
| R, wu)
Warde
cc: Mr. Bill Muse, assistant Attorney General
Ms. Marie Deans, Legal Assistant
file
RMM/dg
PRESS STATEMENT PRESS STATEMENT
Richmond, State Penitentiary
June 24, 1990
Through the persistence of my family, the Virginia Coalition on
Jails and Prisons, Marie Deans and attorneys concerned with my
case, I have decided to pick up my appeals.
Because, if all these people are willing to fight, I should and
will do my part.
Now, let’s kick ass.
Joseph J. Savino.
PRESS STATEMENT PRESS STATEMENT
June 22, 1990
The Honorable William W. Sweeney, Judge
Circuit Court of Bedford County
P.O. Box 235
Bedford, VA 24523
Dear Judge Sweeney:
I, Joseph John Savino, Jr., intend to file a petition for a
writ of certiorari in the United States Supreme Court. I will be
proceeding in forma pauperis. Therefore, I am requesting this
court to issue a stay of execution, pending the filing and
resolution of my certiorari petition by the United States Supreme
Court.
I am pursuing this appeal through my own free will, and
understand the nature and consequences of this act. I have
decided to pursue further legal remedies in the United States
Supreme Court.
Sincerely,
Joseph G. Savino, Jr.
STATE OF VIRGINIA:
At Large, to-wit:
Joseph J. Savino, Jr., having appeared personally before me,
, a Notary Public in and for the jurisdiction
aforesaid, and being duly sworn, stated that the foregoing
information is true to the best of his knowledge and belief.
Given under my hand this ____day of June, 1990.
Notary Public
My commission expires:
' : ~ No 804 384 2997 Jun 22,90 17:28
P.02
—_
VIRGINIA:
IN THE CIRCUIT COURT FOR THE COUNTY OF BEDFORD
a
COMMONWEALTH OF VIRGINIA,
Ve
JOSEPH JOHN SAVINO, JRe-
Defendant.
ee ee nc a I
TRANSCRIPT OF PROCEEDINGS
May 23, 1990
Bedford, Virginia
9:30 a.™-.
Before:
HONORABLE WILLIAM W. SWEENEY, Judge
EVANS & COMPANY
Court Reporters
Post Office Box 11822
Lynchburg, Virginia 24506
(804) 239-2552
Reported by: Sharon T- McCullough
TEL No,
804 384 2997 Jun 22,90 17:28
P
.03
Appearances:
JAMES W. UPDIKE, JR.-, ESQUIRE
Commonwealth's Attorney
HUGH J. M. JONES, III, ESQUIRE
GRADY W. DONALDSON, JR-, ESQUIRE
Counsel for the Defendant
IEL No. 804 384 2997 Jun 22,90 1f:29 P.04
THE COURT: For the purposes of this
hearing, the Court is not allowing cameras in the
courtroom for the session this morning.
It is my understanding we are here today
for the purpose of setting a new execution date in
the Commonwealth versus Joseph Savino case-
Is the Attorney General represented?
MR. UPDIKE: Your Honor, the Attorney
General has drafted an order for me to present to the
Court. I have been in contact with the Attorney
General's office. Mr. Eugene Murphy ie the Assiatant
handling the case directly, and as 1 indicated, he
drafted an order which has been vueed in previous
cases, and I have filled in the necessary information
and if I could present it to the Court.
THE COURT: Let me see it. Have you
seen it Mr. Jones and Mr. Donaldson?
MR. DONALDSON: Yes, Bir.
MR. JONES: Yes, sir.
THE COURT: Let me see it, please.
MR. UPDIKE: And the Attorney General's
office has asked that I request of the Court, Your
Honor, that the execution date be set for June 29th,
1990.
THE COURT: Doea the Commonwealth have
IEL No. 804 384 2997 Jun 22,90 1°:29 P.Q5
L
anything further to say at this time?
MR. UPDIKE: No, sir, Your Honor. Thank
you.
THE COURT: Mr. Jones or Mr. Donaldson,
did you gentlemen have anything further to say?
Let the record show that the
Commonwealth is represented and that the Defendant is
present in person represented by his two attorneys.
Mr. Jones?
MR. JONES: No, sir, we have nothing to
say at this time.
TRE COURT: Mr. Donaldson?
MR. DONALDSON: No, 6ir-
THE COURT: Mr. Savino, do you have
anything you would like to say before the Court
reimposee sentence and sets execution date?
THE DEFENDANT: No, Your Honor, but 1
would like to request that since my trial and
sentencing and everything was made public that my
execution also be made public.
THE COURT: In what respect do you mean
that your execution should be made public?
THE DEFENDANT: In the same respects
that my trial was made public, with television, with
a camera.
TEL No. 804 384 2997 Jun 22,90 17:30 R.06
s
THE COURT: Would you algo suggest that
the crime itself, the detailea of the crime as
committed if possible should be made public?
THE DEFENDANT: I think it has been made
public.
THE COURT: I mean the killing. If that
were public would you think that would likewise be
appropriate?
THE DEFENDANT: No, sir, I don't.
THE COURT: But you feel that televising
your execution would be appropriate?
THE DEFENDANT: I think it would be if
it is to be a deterrence to anyone else.
THE COURT: All right, sir. Mr. Savino,
your attorneys have stated no objection to my setting
the execution date of June 29th, 1990. Do you have
any objection to my 80 doing today?
THE DEFENDANT: No, Bir.
THE COURT: Do you waive any further
proceedings, appeals and stays in connection with the
case?
THE DEFENDANT: Yee, Bir.
THE COURT: I am not suggesting that you
do that, Mr. Savino.
THE DEFENDANT: I understand.
24
25
1cLlL INU,
SU4 264 “£399 Jun ZZ,9U Lr:SU P.O?
THE COURT: If you do not want to do it
this Court will give you the opportunity to appeal
further. But I have received communications from
you, which I think have been filed in the clerk's
office, stating that you no longer desire to appeal.
THE DEFENDANT: That's correct.
THE COURT: And that you desire an
execution date be set.
THE DEFENDANT: That's correct, sir.
THE COURT: Mr. Savino, the Court will
grant your request. Joseph John Savino, do you know
of any reason why this Court should not now reimpose
sentence and set a new execution date?
THE DEFENDANT: No, sir.
THE COURT: In accordance with the
accused's request and appearing properly the Court
reimposes the death sentence as previously set, and
| the Court sets execution date June 29th, 1990 at such
time of day as the director of the Department of
Corrections shall fix.
The matter pertaining to televising the
execution is not within my jurisdiction. I can make
no decision on that. Tf you are agzking me to make Aa
decision at this level I deny such request.
The Court will enter the order.
24
25
ibl WO. 804 $84 2997 Jun 22,90 17:31 P.08
Now, ia there anything further to be
done in this matter?
MR. UPDIKE: Commonwealth knows of
nothing, Your Honor.
MR. JONES: We know of nothing further,
Judge.
THE COURT: Mr. Donaldson?
MR. DONALDSON: No, #ir-
THE COURT: Mr. Savino, anything further
you wish to say at thie time?
THE DEFENDANT: No, sir, Your Honor.
THE COURT: All right. The order has
been entered as of today. Let the accused be
remanded to confinement. If that is all the Court |
will take a short recess.
(Whereupon, the proceedings were
concluded at 9:35 a.m.)
wo we jW~jY~wi w~ Ui ya a 2 if Od in UY
COMMONWEALTH OF VIRGINIA AT LARGE:
I, Sharon T. McCullough, Registered
Professional Reporter, to certify that the foregoing
pages represent an accurate transcript of the
proceedings to the best of my ability.
My commission expires May 4, 1991.
A
Given under my hand thia SL day of
a et (1990.
SHARON T. McCULLOUGH, RPR
(Commissioned as Sharon K. Taylor)
Savine Vv: Conmonwealth;
Dangerous Prediction and the Death Penalty
by W. Lawrence Fitch
On April 20, 1990, the Virginia Supreme Court upheld a
sentence of death imposed by a Bedford County judge who relied on
"psychiatric" testimony that the defendant in the case, Joseph
John Savino, Was 4 "dangerous" man who had a high probability of
committing violent acts in the future. (Savino Vv. Commonwealth,
Cae Le (1990)).
Savino pleaded guilty to capital murder in the killing of
Thomas Mcewaters, Jr., a man with whom he lived and shared a
homosexual relationship. At his sentencing hearing, Savino
presented as eviaence in mitigation the testimony of a
psychiatrist, Lisa D. Hovermale, M.D. Dr. Hovermale opined that,
at the time of the offense, Savino was suffering from symptoms of
cocaine psychosis. Moreover, she characterized the killing as
essentially domestic in nature, observing that on the evening of
his death, McWaters demanded sex of Savino, and, upon Savino's
refusal, told Savino he was ‘through with him."
Under Virginia law, once the defendant in a capital case has
presented psychiatric or psychological testimony in mitigation,
the Commonwealth may present jts own mental health cxpert in
rebuttal. The law, however, explicitly prohibits the
Commonwealth from using any statements the defendant may have
made @uring an evaluation by the expert, or any evidence derived
from such statements, to support its case in aggravation. Such
evidence may be used only in rebuttal when relevant to issues in
mitigation raised by the defense (Va. Code Section 19.2-264.3:1).
Future dangerousness is one of two factors Virginia law
recognizes as Naggravating." The Commonwealth must prove at
least one aggravating factor beyond a reasonable doubt in order
for the sentence of death to be imposed.
The Commonwealth called as its expert Dr. Arthur Centor, 4
clinical psychologist who had examined Mr. Savino at the
Commonwealth's request. Dr. Centor testified that Savino had
never been mentally ill, was not "operating under any serious
mental or emotional disturbance" at the time of the offense, and
was not impaired in his appreciation of the wrongfulness of his
actions or his ability to control his behavior. Finally, over
defense objection, Centor testified that Savino "show[{ed] signs
of future dangerousness . .. so that he would have a high
probability of committing criminal acts of violence that would
constitute a continuing serious threat to cociety in the future."
Whether or not the judge should have admitted Centor's testimony
concerning Savino's future dangerousness was the central question
on appeal.
whe Supreme Court's analysis focused on questions of
constitutional law: whether Dr. Centor's testimony violated
Savino's fifth amendment privilege against self-incrimination or
sixth amendment right to the effective assistance of counsel.
The court recognized the applicability of the fifth amendment in
the context of a mental health evaluation for capital sentencing
purposes (citing Estelle v. Smith, 451 U.S. 454 (1981)) but held
that Savino waived this privilege by presenting his own expert in
mitigation. The court also rejected Savino's sixth amendment
claim (eseentially that he was not. put on notice that Dr.
centor's examination could result in testimony regarding his
“future Gangerousness") , holding that, becauee virginia law is
"clear" that presentation of expert testimony for the defense at
the sentencing stage of a capital case opens the door to expert
testimony for the prosecution, Savino's counsel, and thus,
Savino, were on notice.
The court, however, failed to address statutory restrictions
on the prosecution's use of expert mental health testimony to
establish factors in aggravation. Indeed, it would appear that
the court was not cognizant of the distinction between evidence
in rebuttal of defense claims in mitigation and evidence in
support of the Commonwealth's affirmative case in aggravation.
To the extent that Centor's testimony that Savino was dangerous
was based on statements Savino made to him during his evaluation,
or that Savino made to Hovermale during her evaluation, or was
based on evidence derived from any such statements, his testimony
was in violation of statute.
Moreover, the court did not address the constitutional
concerns underlying the Virginia rule: that to permit the
Commonwealth to present as evidence in aggravation disclosures
made by the defendant during an evaluation requested by the
defense to explore factors in mitigation, or during an evaluation
demanded by the Commonwealth as a condition to the presentation
of psychiatric evidence for the defense, is to put the defendant
to an untenable choice between his or her sixth amendment right
to explore and present Clinically derived evidence in mitigation
and fifth amendment privilege against self-incrimination. The
courts have recognized this concern in the pre-trial context,
holding that no statement made during a psychiatric or
psychological evaluation prior to trial (for example, to assess
the defendant's competency to stand trial or mental state at the
time of the offense) may be used by the Commonwealth at trial as
evidence that the defendant committed the offense charged; such
statements may be used only to address the defendant's mental
condition as it relates to the defendant's claim af legal
insanity (Gibson ve Zanradnick, 581 F.2d 75 (4tn Cir. 1975),
cert. denied 439 U.S. 996 (1978)). In a state like Virginia,
where, at the penalty phase of a capital trial, the prosecution
is obliged to prove aggravating factors beyond a reasonable
doubt, these aggravating factors are functionally equivalent to
the elements of the crime at the guilt phase. Accordingly, logic
would dictate, statements made by the defendant during an
evaluation to assess factors in mitigation would be admissible
only to address such factors, not to support the Commonwealth's
case in aggravation. This argument was presented to the United
States Supreme Court in a Virginia case, Smith v. Murray (477
U.S. 527 (1986)), but the Court avoided responding, on procedural
grounds, finding the defendant's failure to raise the issue in
its appeal to the Virginia Supreme Court a procedural bar to its
subsequent presentation. In her opinion for the court, however,
Justice O'Connor seemed receptive to the argument. Indeed, as
Justice Stephens observed in his dissent, "(tjhe record in this
case unquestionably demonstrates that petitioner's claim is
meritorious -.. - the court does not take issue with this
conclusion."
If only to resolve these important questions of law, further
appeal would seem indicated in this case. Savino, however,
exercised his right to abandon his further appeals. He was
executed on June 29, 1990. [Jane: he might change his mind at
the last minute. If he does, then probably the best remedy is
simply to delete the last two sentences and move the first
sentence and the last paragraph to the end of the paragraph
before it.]
RECEIVED
JUN 14 1999
VIRGINIA:
“IN THE CIRCUIT COURT OF BEDFORD COUNTY
COMMONWEALTH OF VIRGINIA,
Ve FILE NO. 1276
JOSEPH JOHN SAVINO, JR.
ORDER
This Court having ordered that the execution of Joseph John
Savino, Jr., take place on June 29, 1990, pursuant to the
judgment of this Court of July 20, 1989, sentencing Savino to
death, and the Commonwealth having moved that Savino be evaluated
to determine his competence to waive further legal remedies and
to be executed, it is hereby
ORDERED that , of the staff
at Central State Hospital, examine and evaluate Joseph John
Savino, Jr., to determine whether he is competent to understand
the nature and consequences of his acts, to represent his own
interests in these proceedings and to choose to decline to pursue
any further legal remedies; and to further evaluate him to
determine whether he is aware of his pending execution and of the
reasons for it; and to render specific opinions on those issues;
It is further ORDERED that make
a report of the examination, evaluations and findings to this
Court and to counsel for the parties on or before June 22, 1990.
It is further ORDERED that on June, 1990 a hearing be
held before this Court on the issues of the competency of Joseph
John Savino, Jr. to waive further remedies and to be executed.
HUCH J. M. JONES |
6 aac (aC
It is further ORDERED that the Clerk of this Court cause a
certified copy of this Order to be sent to the Director of
Central State Hospital, to of the
staff of said hospital, to the Director of the Virginia
Department of Corrections, to Grady W. Donaldson, Jr., Esquire,
7331 Timberlake Road, Suite 308, Post Office Box 11315,
Lynchburg, Virginia 24506-1315, to Hugh J. M. Jones, Esquire,
Post Office Box 4461, Lynchburg, Virginia 24502, to Eugene
Murphy, Assistant Attorney General, and to Joseph John Savino,
Jr., No. 166553.
Enter:
Judge
I ask for this:
{
aan
Eugene Murphy
Assistant Attorney General
VIRGINIA:
IN THE CIRCUIT COURT OF BEDFORD COUNTY
COMMONWEALTH OF VIRGINIA,
V. FILE NO. 1276
JOSEPH JOHN SAVINO, JR.
MOTION
Comes now the Commonwealth by counsel, and moves this Court to
order an examination of Joseph John Savino, Jr. by the forensic
staff at Central State Hospital, for determination of Savino's
competency to forego any further litigation and to be executed. In
support of said motion, the Commonwealth states as follows:
1. On May 23, 1990, this Court ordered the execution of Joseph
John Savino to take place on June 29, 1990, pursuant to judgment of
this Court of July 20, 1989, convicting Savino of capital murder and
sentencing him to death.
2. on June 3, 1990, the United States Supreme Court decided
Demosthenes v. Baal, S.Ct. . (See Exhibit A, copy of
opinion). In that case the Court discussed intervention by third
parties where a defendant faced with execution has waived available
legal remedies. The Court refused to permit such intervention
because, a week before the filing of the pleadings, the state court
had held a hearing and had "concluded that Baal had intelligently
waived his right to pursue post-conviction relief."
3. While the Commonwealth has no reason to question Savino's
mental competency, the Commonwealth has reason to believe that
intervention by a third party might be attempted before Savino's
execution. (See Exhibit B, copy of newspaper article dated May 31,
1990). The Commonwealth believes that, in order to insure that any
issue concerning intervention is timely and properly decided, a more
recent examination of Savino, and a report thereon, should be
presented to the Court, and that the Court should make an explicit
ruling with respect to the competency of Savino to waive further
litigation.
4. Moreover, under Ford v. Wainwright, 477 U.S. 399 (1986), an
inmate may not be executed unless he is aware of his pending
execution and that the reason for his execution is a result of his
conviction of capital murder. The Department of Corrections prefers
that competency evaluations of inmates facing capital punishment be
made by mental health professionals other than the department
personnel involved in day to day care or treatment of such
inmates. In addition, the Department of Mental Health and
Retardation Substance Abuse Services has a policy requiring a court
order prior to conducting such an evaluation.
5S. The Commonwealth therefore requests this Court to order the
forensic staff at Central State Hospital to also report its findings
to this Court on the issue of Savino's competency to to be executed.
6. The Commonwealth further requests that after the filing of
the competency report this Court conduct a hearing with the
defendant present. The Commonwealth requests that at that hearing
the Court receive the competency report, question the defendant, and
make an explicit finding with respect to Savino's competency to
waive further remedies and to be executed.
WHEREFORE, the Commonwealth prays that this Court enter an
order directing that Savino be evaluated by the forensic staff at
Central State Hospital, that the staff report its findings to this
Court, and that thereafter a hearing be held on Savino's competency.
Respectfully submitted,
COMMONWEALTH OF VIRGINIA,
re™N
By ~}oif/ N
Counsel 7
Mary Sue Terry
Attorney General of Virginia
Eugene Murphy
Assistant Attorney General
Supreme Court Building
101 North Eighth Street
Richmond, Virginia 23219
(804) 786-4624
CERTIFICATE OF SERVICE
I hereby certify that on the 13 day of June, 1990 a copy of
the foregoing motion was mailed to Grady W. Donaldson, Jr., Esquire,
7331 Timberlake Road, Suite 308, Post Office Box 11315, Lynchburg,
Virginia 24506-1315, Hugh J. M. Jones, Esquire, Post Office Box
4461, Lynchburg, Virginia 24502, and Joseph John Savino, Jr.,
Mecklenburg Correctional Center, Post Office Box 500, Boydton,
Virginia 23917.
_
UY
‘Eugene Murphy
AssiStant Attorney General
—
TN
4
THE RICHMOND NEWS. LEADER, Thursday, May 31, 1990 19
—T
Father asks —
commutation
By The Azcecioted Prasms2
The father of a man condemned to
die sext month in Virginia's electric
chaig says the loss of his deugaterte &
of sentence; =
*
drag overdose will make it especially:
said Joseph Savino Sr. of Pelham,
N.Y. “But the sudden thing with my
daughter and now my soa, it’s very
hard to bear.”
Savino’s daughter, Donna, died five
years ago at the age of 24.
Savino has written Gov. L. Douglas
Wilder asking that Wilder not let his
son, 30-year-old Joseph Savino Jr., die
in the electric chair. The younger Sa-
vino, convicted of robbing and beat-
ing to death his 64-year-old male lov-
er in Bedford County in November
1988, is scheduled to die June 29 at the
State Penitentiary in Richmond. .
“Tm asking just to show compas
sion to Joe and convert his sentence
to life,” the elder Savino said.
He also sent a similar letter to
President Bush, although only Wilder
has the authority to commute the sen-
tence to life im prison.
The younger Savino requested an
early execution date because he did
not want to go through the uncertain
months and years waiting for appeals
on death row.
Savino does not believe his son
should have been convicted of capital
murder — punishable by death — in
the killing. “It was a killing between
lovers,” as opposed to the killing of a
police officer or a mass murder, he
said.
Last year, Savino Jr. pleaded guilty
to the bludgeoning death of Thos
“Tom” McWaters, a 64-year-old man
who had sent Savino letters and mon-
ey while Savino was serving a prison
sentence in New York.
When he got out, he moved into
McWaters’ Bedford County estate
and the two became lovers. Savino
has said he was high on cocaine and
fed up with McWaters’ demands for
' gex when “something snapped” and.
he killed McWaters.
EE KHIBITR F
=
ear
7/2 3/yy
Dear marie,
LH; Sam ! Cuw YOu Please Give +he
enclosed Magazine 's Ct mean, Legal sett ) to Robert.
Thantrs -
W\Se enclosed 6 On artddle that was in oa Lynchburg paper
last week. ZFS Obet that freeen sperm sssee that zm Fogg
to Sheet Sort some shit wth. a= thinfe the wetter ded a
Joc! Jol ~ my GialLerend Marra wes great Foo, Mm so
provd eof hen,
a hepe Yass Coins oO K Marit -— wy dad an d pat Send their
Le ve = Spe ke Lo ghem last week . lw pm . ra lon "ng a
sword
C entauct visit f.. - Avg : 260 . oP Lge Rares te thet 4
oa talk to Fes Seon Saw ;
i |
Zoe. You
e—n
2.
I, Joseph John Savino, hereby authorize The Virginia
Coalition on Jails and Prisons and the attorneys representing the
class in Giarratano v Murray to motion the court for a stay of
execution and appointment of counsel to represent me in the
furtherance of my appeals.
Joseph John Savino
Sworn and subscribed before me
Notary Public
This day of June, 1990
My commission expires
fast a Salt
es Jauranp Aare. abtuHL he Cr
Got, Cathyg Woe ar AfnOE- MOANGKS
eG SAL 7 obo 72 Jawe cutp 600,
SV (oughy JrLe Wag (rt MESO Zppre -
Piva le ALAS? Col A Le,
SY Chan hb Lnct bow xo
/hant bo you AMf G Ott I NE for ahs
Yor MM Bd) YO ME, Jor Y date ENA Lap
J ftv~e ¥ Sap por? QA ov cey "aye
f°[? of A hat Zee e098 Car
Comé, b4tr “Gedy. <I “byt Gole
JA ret ve Fike a 7
Ott? aha OVEG -
LIB tlre ME, SODECEY ES ECPEL F
S SAY) Ct & GP OPr [hee AUG E Check ,
SY Can snk prmsé yoy Jat Co7//
Dir (A vA Btsh Avé possb~e- yor Dw
INEN NSELSAX SIU, 4
PQA Itavbh. GOL Fr OMG
S35 PLL. 2 Cin #- uns ohn
th back J Gh Jat. Ctaat (Je.
Acocked cep, ¥
Pre Zr
0 Cen. Yate. r¢f yor
WCC Where ier wa hbt dl 0 $0
Ly lh. £206 te ger, Sided ao Y
Suppo st. @ Baaetfe po fatyer (00
Z LO bol ( hy Ser pherr)
ERE YING W688 F- brik Lvl Py ¢
De a °
( Aar €. GO AG AM Fo CUE ry (MAY,
Ahir tur COPWE SAS 029 pry) FRR VAG Cw) \ArLan Fobovity ;
CVEN WHEN
\ WAS UNB@LIEVABLE /
K0Vve Male?
AV arte
« *.
+}
FORGET ME NOT
AMERICAN © GREETINGS
ih
+ L2SSFGH-17E *
© AMERICAN GREETINGS CORP
|
0
1
THANKS FO
2 BeLlieVING IN Mé..,
3/21/90
Deuce Saint,
OLNec = st off +he Phene w ith Yeo | zx wrt Jse 0
QA note Felling him + hat You wanted fp make me. the “nate
Col Vise c . for C ped — Let tout foe talked to joa G. obeot it oand
he feit that Joe O° LUGS bethy fer the fol - Z ke 4o Jd br va,
thet Yow Very m veoh wanted bri CY) your feo. TL also fold
ON =a tesa Sols t+ know it + was Supossecl to elf him tet _
S& tz asked him +o ™ keep i+ beticcen me ¥ him, well), to Sar
the least , he. UIGS Vers he ppy abet it _ he vote We G&
deter and pact of it 3s Or long wth, +his one, D went yor te
| See Lv neck he. sacd, Der? Worly Marie — fore net geane have.
ORY pcod leu with him! xt Q se hooks Vite the bar betwen
C ped and [2 pod 1S Compuns Fo an enol - heh? Jw real
happy about thet! ond boy 1S + fenne piss the prison of f
#- Also ment te +o) Yas on She phone phat my fodther ane!
Step mom Ore Comming to Vor yinres Sept. gth ; We Got OW Contuct —
Visit OVW the jot | bot before het they Luennag meet Leith 7e-*
Se, Keep Het weekend Open , ok?
r+ was greet tulkoog fo yee fools. Thapts tor being there lor
/
LS wrerite °
. - ue:
PS Please clont Lorset do phaok Robert pe — PY 6.
the “kKrss"' aw fogreky ? RSS © Gave Savaders “Death, Var
Auguat 2/, 1990
Hi Joey,
Glad you called Manie today, and it war good to hear that she sounds good.
That poor Lady aune har been through some tennible times, and I don't know
how she has maintained hen sanity, and why ake hasn't had a nenvous breakdown.
[hanks a million fon asking if my Lawyens had contacted hen...f will have to
call the Lawyers tomonnow to find out why they haven't contacted Manie.. . they
have got to get on the bell...1 get the feeling that they ane dragging thein
feet in this case fon some undisclosed neason, and I wonder why! At any nate,
L want to make it patently clean to them that I don't want them overloading
Marnie with this thing, and I want them to give hen all the help that she iz
oing to need! She is inundated with work, and "calls" from the “Nutty”
Reverend "Boom Yow’ and all of his seals and honsea! [I am really aunpnised
that he wold call Manie and lay that kind of tnip on hen...doean't he know
that Lady doesn't have time fon that kind of thing...negandleas of how much
menit it haa Biblically...he needa to nead “Ecclesiastes” in the Bible, whene
it unequivocally atates, “Thene'sa a ‘time and place’ fon evenything. " LI gust
don't think that what he talked to hen about was the connect “time.” ].
Ane you aune that you didn't misunderstand what Manie aaid concerning
Joe G. aaying that I should be "Inmate Advisor" fon C-Pod? Talk about being
freaked out...times sune have changed, huh? [Don't wonny Little brother,
will keep everything concenning this between you and me/. Jo tell you the
truth, that mabes me feel really good. You can believe that I want to be on
the team, and I want to work with those that want to work to end all of this
bullahit that is being heaped upon ua! I only wish we all had been wonking
togethen the past 4 yeans that I have been on the Row...but that's waten oven
the dam...the impontant thing now ia to "90 ahead" and do the best that we
can do!
L got ao fucking mad tonight when I nead the bulletin fon Amnesty [nter-
national. They mentioned the two guya that were executed in Arkansas and Texas,
but they didn't say one word about oun Little buddy! Them fucking assholes!
Of counse if IL wrote them a Lletten cunsing them out [which L'm going to do
tonight], they would say it war inadvertent, on that the bulletin war done
befone Rick was executed! Excuses, excuses... that's all we hean in this place.
Don't you get Aick of all the bullahit that people lay on you that you hnow
ane blatant Lies? TI damn aune do too!
Joey, you are a “Standup” guy, and I will be honest with you... have
been in prison fon 30 yearns on and off, and you have shown me mone in the year
that we have been together, than all the so-called "Standup" dudes I have met
doing time. You got balls big enough to roll anound in a wheelbannow, and
you aren't a phoney person, and definitely not pretentious...and I love your
perception and intelligence! I'm going to tell you something, had you “went
out” on June 29th, I wouldn't be here now...1 had alneady made my mind up that
I war going out too, but I was going to take my own aelf out...and L know that
if worse even comes to worse [which I pray it never will] that you will go
out on your own too! These miscneant aycophanta will never have the pleaaune
of ai ing my big ass!
7As/ Yo
Saut Marte ,
oder xr get of fF the phone. Lom you today - ZT
worked ON +\\s papel fee wanted, ft oid the Lest zt Could,
then Te bonded th to Soe 0 and asked him to read it -
| Pix x ~ Cand Tyee i, Li) weber inclos< it ox (( wo ith ¢h is
Note, aw hink \ne did 0. Great Nob = he even weat as far
: . ; \\
AS to +yp-< ex \ed\er Loom We to you! He’s Unreal .
Le A\Se Wipstt we letter — tm gennn enclose bh af too, tn his
| \ekber ne mentioned a \eer we “pd from Rveks mom tong lit:
Ver O' Sent her a Cafd Drom me - Timbo and Smitty,
So, She Sent 615 O&O realy nice letter beck. She fo/d Us t+ hot
fo, Ricki denete d his CY ES. Someene is Sone. See because
/
of Kean marie) T hook KS RI 1S So great
Lo b\~ TE was wektiang this paper orbeot surcides |” Loy Feo
oday 4 Yr Perk Rak —_ wach ins mt ~— or helping Wt, Zz
S)
F don't Knows » its Lard to explain - LA iy Leif greet Lecauye
poe thursday pyht, re kinda Let Vhe zc let Bek down
becouse E las sup Sypessed Ho be ~ Wwoartine for im ora the
other sovde,, But lag LT feit really gee - er jike 2 was
dow Some thing thet Pleased him, 2 doen't Know, Wheat =
ds Know AS, XS wiss him So muh \S
( Overs)
@
Q @
ee Nope +\nis peper on Death ros Suicides 9S whet your
Looking Gece ond 1 wpe ik helps, 2 feel like 2 dd my 4
bes} on ih, So tm happy with it. 2 thok whet Joe o’ did
te WN 1 qe eek, He was Teally lneep py to helo tec.
Til o\\e Xo Yor nexy usxek — ZT love Meries : Twa peal
\nappy Mak Your Fakiing Some time to 40 Owen,
“1 2 also Wrote Jeanette Maurer Va
Today And x Riso gt co lefter
Prous mike Conner, te was So
tooched thet Ricky asked him to
Le. vw th Lis feumnily that ment the
oor \d to lim | Kick really looked out
fon Everyone. - Wish there was Some wey
XL coujd peally let orlder Knas phat a
Feeat person he Killed,
Joey,
Here's the papers you needed fixed up. I changed a few
things around, as you can see, but I stuck to the content that
you wrote it out in. I didn't think that it would take 6 pages,
but I double spaced everything, so that's the reason...it is
easier reading that way. I read it over after I finished it,
and the reading is pretty smooth and you come across clear
and convincing...at least I think you do, but of course I am
a little biased. [Smile]. Anyway, I hope this is to your
satisfaction. [Be sure and sign your name at the bottom of
the letter and the article...I am always forgetting to sign
my name, and that's why I am bringing it to your attention].
Put 65¢ in stamps on the envelope and let it fly in the
morning.
Sorry that your copy has so many mistakes in it, but the
One going out has been corrected for all the mistakes that I
could find. there may be some more mistakes, but if there
are I overlooked them...I did check for MX¥KAXXKXMENXXAKKIXHINX
mistakes and found a few. [smile].
See you in the morning Joey.
Your buddy,
£4
Big Joe
P.S.
Remind me in the morning to get that letter from Rick's
Mom around to Timbo...I want the letter back after he is finished
reading it. Damn that letter touched me man.
—$@$@$ $$$. ee
Po me Oe
July 25, 1990
Dear Marie,
Sorry for the paper being such a long and drawn out deal, but it was hard
to express all that I felt was necessary to get the point across. Even as long
as it is, I feel that it lacks what should be in there, but I must plead that
I am not very good at getting my point across in a brief way...I know you will
understand.
I know that you wanted the enclosed to be in my words and coming from me,
but if there is anything that you want to add, that will better convey the
points that need to be gotten across, please add to what I have written...or
if you feel that there are things that need to be deleted, please feel free
to do that too. I have the utmost confidence in what you do, and if you feel
like changing anything, I know it will be for a very good reason.
I am going to get this out in the morning and it is very late now, so
I will close this out. Sorry to be so brief in this, and so long-winded in
the other...but I know you understand. [Smile]. Hey "Saint Marie," we all
love you.
Warmly yours,
P.S. Tell Shannon, Robert and everyone I said hello.
Post Office Box 500 - Death Row - Boydton, Virginia 23917 - 0500
/
“To ' Lulren ar Re Ceryncerry
From. “seo h Sawin JR.
RE ; Decl, Pero Scicides
cae (ir “Sune aa (77C
on fexe
thee Sor Stkedt of Virgin i ex O\ saes+ O58 40 ¢ d ie Suede cttemph, he.
he 7x nd Lens hy me a 1a ee permet 2. led. Tm +\, &
Poper TW omy to exp | cul hy of Set ot AE ZA
a. : oa
Feey as thwk iis ropornrs +o Uncke stand w \eA my Peasens for ae
Lait ing to dit lw Ore. 7 Co —
Awe , De® didnt want te Sep Spend d the pest of me
Vite AWN prise. -— @r merce. “ip porhialy. T JT Sdn + want to
Send the next $ fo /e PERCE _ OD eth fos , divins. KT __.
jo MEL = coufda't stand phe jsolahén - and he 17) oh fr cand a
FLoay the gevrds dreof LS. F fet Whe cleath had #4 be |
S bpektee then the wo omy litt Baar. : _
bois Letuse x find i+ yery hard fh be with what 5
did. = huve nightmares — ahoout phe murder 3 Consted, —_—
3 5 because. of the hope less ness az fet, = Let (ike
No - ene Wa5 donne Cnly thins to Get nid of +hys evyil
Ki) | m4 Mach. a Ol\ a Kop pears " VES crbeut the
DveGy
a ° e
a 22% Cup preva Catring + heet the. death, peralte ees ~
aNd Ger Geor Te “Besh. dal Hing Oboe : Spend ine” + he a
cleat Renal ry and — hb Cots = AAh ee ag well the
Se 7 a hopes + hoof v4 zr Gave Up my op pet ls _ One! As kug
te hove way _execotivn televised — - might wake Some
people Vp Orgecrt the Sect pend y TZ hed on de | hese,
loner frend oF ese wine, -~ Soe O’Dbel/ ~ type ve CA
wrt damanding mY CY CECHLON be telewsed — and =o
cleoppe a muy cuppeuls and was all Sep fo He,
The Press decended on we jike o bench of Velteres in &
Yeading Creney - ond © did ao bench of iikevitws. The,
; ; ,
: policy LN my case became on -beliveob|e< . LSet CG ton ot
mar\ Cow peog le oll aver the Contry begging We to pk
Up wry appeals ~ that only made me feel like F was on
Ve eynt track because TF wes Povehing peop. and Chang cing
+\ein minds CLeet +he lec), penetty, ;
then Oo wome)lh het F cal/ Saint wane” CuUME mnt my lite ~
We Dame 19 Mane WE ans — Shes trom the Virginia Coll top
OW prisons ancl Sails, Pt Lrst she Just )atenecd to all mo
Sow peasons aly ut Ww by ae theog let Ww heet tr was deiAy Lous
glee, And “EF made a deal wah her - promised het
x reutd Vishen o her and _ Wwou/d let her tre! to
Chrance my mind ~ and ghe promised me ~¥hect She
woulda wo a nee Feimd pet on "on me, ond She
| mudd he\p Wo ge Way mess 24 C oot, ancl She prose
\see help wry family Throw Oi evecut/en and
8
She would \e lp Me +)rrous\ We \ Deut, House, Chperence”,
Mame \eld U) + 3% ol he promises ~ efeopt She Wad
Cpr any Ov ner Ceiend p ofan’ eCPM me? Bot thet
only pooves \asve Commuted She is te S Hepple the
5 lake. Wwournders,
Weus Cap +he REASONS FE evck<d vp wy appeals,
mest\y \Abs Lecasse, ef WV OCI, w rock she did WIGS
Cre’ Sle \idkened to all my reasons — then She came.
loack War wert levy Cond 4 \eeih ONE Lack a’ nowy
Luce. She let Mt know \wvet hous here peeple Qre asorking
On gothing +he cleat) penetty py et durne dl. nad She brought ~
veto ~t the ~ dee h hose 3 Frest lawers T_Serey Serkun \
J
Ray El; Pearce and creak reper — they Were SO
persist abect Comming iN ond Fa} revi to me — TIT €ved
Ca Faunk Spapec — Frank (ersistenc <! recuse he CUME a
Ye athe deh owe every day - Some times 3 fmes uy
awd Lon \noveS ot CA tine . “pad he Wwor/d Sust Ing More ie
When rc tvousd te//_ him +hat Te not Goma puk uf
My Opp uls ~ he woeld Just Je on art en boot ws hack
* ne. coouted +o de on my Coe. alah of M7 ot hee LT ASONS
lan
(Om
G ° e
fon Gavrs Ay ap WN appeals ULGS Lecuvce Cr fend L rend of
: are mine ‘had alse “5p OW _epete of euth life fer Sly )g th
ond 4 didnt. Losey be —Cinoond | ye they. filled him,
D2, eee Frank and his lous Bor Lar Oct Rrcks
J
Case est and started Loer king ON ) is Case too, And thats
S .
Lsken xX S\aked ‘bo Cee | Some hope, Riuk ‘\D07¢5 \s WS
| | \ J)
mopdeced Soly ee Any WAY 2 bof £ fLee/ Sure. that
Every thing Las WS dene for him. lat Cov/d ve heen done,
the whole pme F wes in the vleetl, house —
Menke peans Lueuld Lome in +o $cCe Me Ente &® day —_
She wereld \isken +e We apd Hhen fw jst every tiny oy
Said Cron to muke me See what 7 Was reall chy,
Oo” the | last dey — the Clovy -s picked aa pay appeals 7
XT hed oa Vieng emotivhee/ vist with pay Lamily = my Lethe
Acpmeyn — Mg unole of aunt a If CaOMet endl hecaen/ Me Lb pick
Lp my appeals. jek Riyl ad ter they jet} Marit peang —
showed uo end She et Jef he talk — and for hors
/
oe Sect istened — Phen she lez and Ode ot /0 min, 5
Ond Kay Peacce - we wee all went ynto +Hhye ani
later she came bok with +i, Jewers - Frank Deeper f— yi
Eb enw “ond ONL +ree of them Kept hammeriay eno)
Chiggria | at Mc they broke Whe Chun Comply |
T looked dou she pall wseuy Co hene A Qavrd wes $¢
7)
Weeki s Me Cun of tT Looked bavk ot these 3 peepee :
sho MAY © fre eG ind WNT +o jive cene! fo give Lhem
\\
Ve Shek Ct Rang wy (ose ~ Onda -the putle, \doe Cs 3
GM Laily Leben dA
(>
loecame Very Cleat to me. +l + Set Lp from that
able cand Lenk with + he qeu rd CW \et t the.
Sluts Ki\\ we - = fei Vike r wosdve Leen going
with the enemy oot (x yoickecl UP ity “appeals ~
+r would be wth! O ayeat beam, - a “N\ fe focus 7
Waric, wmede me ypealive thet theres Clot F Can Yo |
oy Sruying Qlive, yet ito tet died - every + hing Lat
a4 idl “ds Uy to + hat yoint Lvousd be Jest. r+ decame. =e
leon +o pax + heck ao \hed hothing to lose, by Greening. 4
Wiss Opens oO shot — ond have~ Leety thay to Gala.
marie made me pealite that LT can make & Si Merence
——
lost rc hed bh Ive te oh it 7
The moce| to on L +, iS IS > avd ra Yove dealing Lue ‘+ L Some one,
Ww he wants +o Comitit ‘ Sete Santic neo fcie? — co hret yee Lave
to cle 1S — Listen to hirs a Lino oot wheats real | 9 ery his mined -_
|
Then othact these Fe (tasers. Ware hin Clown — Give hom
hope ~ be pesisteat ~_ Keep Comming at hin from al| a
angels mest inpe cto ~ let him knees thet he's opt a Job
to do and if he Fives in to the ehany - he’s lettin LS
OM deen . |
T henks Lor qi foo poop lt CH obrins 7 if’ T Can Cver
help in anywey - lust let me kw. Gob Rss youall. g.5 0 |
4912 W. Broad Street, Suite 205
Richmond, Virginia 23230
(804) 353-0093
| bat Piss Coalition on Jails and@isons
Executive Director Staff Attorneys
Marie Deans J. Lloyd Snook, Ill
Gerald T. Zerkin
July 3, 1990
Joe Savino, #166553
M.C.C.
P.O. Box 500
Boydton, VA 23917
Dear Joe,
As you can see from the enclosed it appears the message problems
cut across the entire row. I hope the letter helps - at least
for awhile.
Talked with Gonzo Lawyer (John Blume) yesterday. He, Frank, and
maybe Scharlette or someone else from their office are planning
on visiting you on their way to Airlie. I think that would be
Aug. lst or 2nd. You'll love John and Scharlette. I love them
and Frank a lot. They're all different, but all have fire in their
blood.
Oh, I keep forgetting to tell you that you can call me at home,
but don't give my number out to anyone else. It isn't just that
I'm showing preference (which I know I am), but also that if my
number gets out, my phone will ring off the hook every night and
weekend.
I got pretty bummed out last night, and I'm still feeling low,
cause when I tried to talk to Ricky's mom she got very defensive
and was full of denial. She told me Ricky was right that I just
don't accept what is, but they do, and they are prepared for July
19th. So, that will be hurdle number one in trying to get this
claim off the ground. I'm going to get Ricky to give me his sister
and brother's telephone numbers and see if they can help me. But
time just keeps moving on and nothing is getting done for him.
I'm still getting stuff together on the other claim, and at least
I've talked the lawyers into doing that one if I can get all the
research and material for it. Jeez! Wonder if we'll ever get
a simple situation like "Hey, let's do this." "Okay."
My older son (Mac) called last night for a long talk. Billy (my
grandson) is now feeding himself. According to Mac that means
he puts the spoon in his fist, then puts his fist in the bowl of
food, then moves the spoon in the vicinity of his face. Mac told
me to tell you hang in there and he'd share his mom with you.
He also told me I was 100% right to tell you that people are not
Board of Directors: J. Lloyd Snook, Ili/Attorney-at-Law ¢ The Rev. James Griffin/Catholic Diocese of Richmond
The Rev. Joseph ingle/Southern Coalition on Jails & Prisons ¢ Gerald T. Zerkin/Attorney-at-Law
Pre-Trial Tracking & Assistance Committee: J. Lloyd Snook, Ill, Gerald T. Zerkin, Robert T. Hall, J. Gray Lawrence
Client Advisor: Joseph M. Giarratano
An Affiliate of Tne Southern Cdalition on Jails and Prisons
Joe Savino
July 3, 1990
page two
fully formed at 30. He said he knew because he had just recently
figured out that he did not want to be like (or even care about
pleasing) his "rich, conservative, dead-from-the-neck-up, assholey
grandparents and father". Then he really knocked me out, because
he said "It's you I admire and love, and you're my model, but it
took me 30 years to figure that out." How's that for a shot in
the arm for a mom? So I told him what I wanted for him was for
him to be fully himself.
I forgot to tell you to send me your agreement with what's-her-
name when you send the letters.
Talked with your folks last night, too. I told them how upset
IT was about Ricky mom and they were so supportive. I love them.
Did you know they invited me into the family? Yeah, I'll take
that. We talked about the program you and your dad were on. You
know what else your dad is doing that is so important? He is not
letting people forget what I call the forgotten victims - the families
and loved ones of people on death row. Like you are putting a
face on death row, he is putting a face on the forgotten victims.
Got a letter from Joe G. today. He's going through his books for
you. He's tried to get people there to read and talk about his
books. He'll give a book to someone with great recommendations,
then periodically ask if they ever read it, and at best they'll
read a few pages, get bored and guit. It makes the loneliness
worse for him. The warrior book you read was his, and he started
passing it around, but I don't think he ever got any real comments
on it, so he was pleased to know you'd read it, liked it, and talked
about it.
Okay, I've got to get back to pulling this research together.
I don't know what I'm doing anyway. I don't write letters.
Love,
an
t ] Ly a
| CYS Ce
Marie
June 13, 1990
Dean Joe,
I don't know if thin Letten will reach you on not, but I hope it will.
Lf it doesn't, I will probably never know.
Joe, when you left tonight I cannot explain to you how I felt...it tone
my ass up! Man this is ao unneal to me...s0 damn unneal! Like I said, you
have mone balls than would fit into an /8 wheeler!
Do. you know what teans my ass up? Other than me and Smitty, I don't
know of anyone else hene that is giving things a second thought. I know that
Rick and Timbo ane, ao I don't mean to exclude them, but othen than ua foun
guys, the others juat don't give a flying fuck about anything than thein own
rotten asses! Dammit Joe, I get so mad when I think about all of thir. «you
juat don't know how it bunna my ars up that you ane going thnough all of
this, and the othens ait back in thein apathetic Little wonld and cry the
blues fon themselves.
L Learned 40 damn much from you Joe! You think that I am 10 amant and
intelligent, but Joe, If honestly mean this, you ane the moat intelligent guy
L have ever met in my life. You have the uncanny ability to see over, around,
unden, and through situations that othens Let fly by them. Many times youn
inaight into things has spanked me and cause me to do things that I would
have never done otherwise. You have been one hell of an inspination to me,
and you have given a new meaning to "Manhood," for L don't know of another
so-called MAN hene that can come close to being the man that you are!
When I think of what you could have been in Life, and what we could have
been togethenas partnens, it makes me want to ait down and cry...man we could
have been anything that we wanted to be. I know that hindsight is 20/20 and
it doesn't matter now, but I wanted you to know that I had thought about all
of that.
I wrote youn Dad and Jackie tonight. I tried to come across night to
them...but Joe those wene the hardest Lettens I even wrote...especially the
one to youn Dad. I had s0 much I wanted to tell hin, but I was afnaid that
I would cause him too much heartache if I did wnite mone, even though my intentions
wene good...f know you understand where I'm coming from.
Aften tonight they ane going to have to make some special provisions
to feed me. I nefuse to be fed by the aon-of-a-bitches that take my friends
out to kill, It has become a personal thing with me now, and the nationale
that "they juat have a job to do” isn't cutting it with me. That may be tnue
that they juathave a job to do, but it doesn't change the way I feel.. L just
cannot accept food from the hands that take my friends to thein deatha. lt
is funny that I never felt that way befone...it just never crossed my mind
until you left hene tonight!
You can nest arauned and bet that Soe O'Dell will keep filing wnita and
writing Letters on these assholes until something changes. Joe, f will not
Let you "90 out" without some sont of Legacy in youn name...and you can believe
the finat victony I have in thin fight will have youn name hononing it...1
promise you that!
I cannot imagine how you feel, but knowing you you ane counting the days
down aaying, "Man I will be outta hene on the 29th!" [Smile]. Hey, some of
the guys thought you were just being facetious when you said that...but L
know you better than anyone hene, and I know you wene aenious as a heant attack.
Still, I know that it har to be playing hell with youn mind...f don't know
what to tell you without coming acnoss with the ateneotyped advice that everyone
will be handing you...all I can aay in this, “You have BIG BALLS my dean and
Loved friend!"
Maybe this will bring a smile to youn face. When you heand my typewniten
sounding Like a machine gun this afternoon, it was a "Motion Fon Judgment”
against the Phil Donahue Show. I also filed a complaint with Conaumen Affaina
against them, and I sent copies to the National Enquinen of evenything... you
know they will jump on that with all founs! [Smile].
[3]
I got a Letten tonight from a ginl named Donna Sue Kidd in Charlottesville,
Vinginia. She is neally a nice ginl, and she sent me some books. I don't
know whene she knows me from, but she says she knows me, but I don't know
hen. Stnange, huh?
Joe, please moke aune that all youn Legal affaina ane taken cane of...
you don't want any of the vultunes that ane Lunking anound to capitalize on
you and cutting your family and Loved ones out. Not that youn Loved ones
want anything, for 1 know they don't, but I know damn well if anyone iA going
to capitalize on your sonnow, youn families scnnow, that you don't want the
vultures to get it all. I know this is cold fon me to aay, but mon it har
to be said...f just hope you know me well enough to know that I have only
youn best intenesta at heant and youn families best intenests...s0 please
make provisions that everything is taken cane of in the Legal depantment.
Manie will be thene to see you, 20 anything that you want taken cane of, ake
will have it done fon you and typed out...all you have to do is ask hen.
Please treat Manie well...ahe means good and ake is up against a monster
juat like we ane. She's a hand lady to figune out, but I know hen heant ir
in the night place. The division that you Apoke of with Joe G. in only a
amidgeon of what Manie har been up against. She's damned if ake does and
damned if ake doesn't with the guys on Death Row. I'm rad to aay that I have
been pant of that, and I am ashamed of it...and believe me Joe, you have been
inatnumental in making me see the Light in a Lot of aneas. The talk you had
with Joe G. may pay off yet...1 think maybe you got his brilliant mind to
working...who knows what will happen. Like you said, "If we all atuck together
inatead of all the division and dissension, that all of thin shit that ir
happening wouldn't be happening.” You know, if you had my education, with
my expentence, coupled with youn intelligence, this place and the death penalty
would be in tnouble. I know I have intelligence, but foe, yours far AURPOAACA
mine...l juat have the edge of experience and a Little mone formal education
than you have...but I would tnade it all for youn intelligence and youn ability
to aee things 40 cleanly that others miss. I think that Gohnny Nash muat
have wnote that song, "I can see cleanly now” about you. [Smile].
Poon Smitty is in awe at all of this mess. That guy Loved you juat Like
I do Joe! We ane the bert of friends and it hunts the hell out of all of
ua that things ane happening this way. I have hopes that things will not
happen in the negative Like moat people think they will. I pray that the
Governon will commute youn sentence to Life and you can go on "Intenstate
Compact” back to New York...and Laten attack youn sentence fon a new trial
and get youn sentence cut to a numben of yeans...theneby allowing you to get
out again. Don't take me wrong Joe, I know you want thir suffening to be
over with, and I can definitely see whene you ane coming from...but getting
youn sentence commuted would aune shine a favorable Light on everyone in
the ayatem and death now...don't be aunpnined if it happens. TL know you have
psyched yourself up fon the wonst...and I encounage you to continue to keep
that payche in that penspective...that way if anything happens it will be a
Aunpnine...and if it doesn't, then you have alneady been prepared fon it and
it isn't going to bother you. IL also encounage you to still the tongues of
anyone, even though they ane well-meaning, not to try and give you that hope,
even though it very well could become a neality...1 hope you see whene I am
coming from.. Ll juat want what in best for you.
This typewnitenr has been amoking all day Long...Ganny Sims came by and
said thet wars calling the Fine Deapantment...that he saw smoke coming from
it! [Smile].
lake it easy Joe...keep youn mind occupied ar beat ar you can...nememben
what the bood "Death Work" said about what those guards ane trained to do...ao
keep that in mind and concentrate on the things that ane best for you and
don't fall into any of those payche traps that are pseudo designed to con
you!
I'LL always nememben oun Laat handshake last night...you were psychic...
it happened today and you wene right... 'm glad we got that opportunity.
Keep youn chin up foe and know that we will meet again Aomewhene...you can
count on that my friend! Joe, Smitty and I send oun Love to you...as I know
Rick and Timbo do...take cane Joe.
Love and Prayers,
Youn Friend Forever,
a
Virginia Coalition on Jails and Prisons
4912 W. Broad Street, Suite 205
Richmond, Virginia 23230
(804) 353-0093
Executive Director Staff Attorneys
Marie Deans J. Lloyd Snook, III
Gerald T. Zerkin
May 25, 1990
Joseph J. Savino
Death Row
M.C.C.
P.O. Box 500
Boydton, VA 23917
Dear Joe,
I've read the articles in the paper about your motioning the court
for a public execution and that the judge turned you down on that
but set a date of execution for June 29th. I can't say that I
understand how you feel, because I haven't walked in your shoes,
and I have never lived on death row under sentence of death. I
think I understand as well as any free-world person can, but that
is as far as I can go. It does fill me with sorrow that human beings
are put in the circumstances you have been put in. It is brutal,
inhumane and uncivilized.
They will probably move you to the death house sometime during
the lst or 2nd week of June. The whole ritual and rigamarole in
the death house is bad and confusing, and I want you to know that
if you need anything now or then, or if you can't figure out what
the hell they are doing down there, or you just want to talk, I'll
do whatever I can to help you. Whether I agree or disagree with
what you're doing is neither here nor there. The point is that
no one should have to go through this without the support and help
they need. The prisons, both M.C.C. and the death house, will
let you call me. The number is 353-0093.
Shalom,
Marie Deans
Board of Directors: J. Lloyd Snook, IIl/Attorney-at-Law * The Rev. James Griffin/Catholic Diocese of Richmond
The Rev. Joseph Ingle/Southern Coalition on Jails & Prisons * Gerald T. Zerkin/Attorney-at-Law
Pre-Trial Tracking & Assistance Committee: J. Lloyd Snook, Ili, Gerald T. Zerkin, Robert T. Hall, J. Gray Lawrence
Client Advisor: Joseph M. Giarratano
An Affiliate of The Southern Cbalition on Jails and Prisons
JOSEPH SAVINO, JR.
P. 0. BOX 500 - DEATH ROW
BOYDTON, VIRGINIA 23917
* + %¥ + *
DEATH ROW SUICIDES
I had given up my appeals and was scheduled to die in Virginia's
Electric Chair on June 29, 1990. The State of Virginia was more than
willing to kill me... they complied with my every wish in that direction.
My mind was made up that I was going to kill myself through legal suicide,
and only by the grace of God and the tireless efforts of caring people was
my mind changed. In the hopes of helping prevent some other person on
death row from making this grievous mistake that I almost made, I would
like succinctly to explain the reasons that caused me to want to die, and
what caused me to want to go on fighting for my life:
REASONS FOR WANTING TO DIE
1- I found it hard to live with the murder I committed. [I still
do]. I have nightmares about it, and it preys on my mind constantly.
2- I did not want to spend the next 8 or 10 years on Death Row, or
the best that I could look for would be life in prison. I could not stand
the isolation, being treated like an object instead of a human being, the
absolute idleness, being chained like wild animals with every movement,
every minute decision being made for me, watching the torture my loved ones
were enduring, and a plethora of other things to@numerous to mention...all
of which dehumanizes each and every man on Death Row.
3- The hoplessness I felt. I felt like nobody was doing anything
for any of us on Death Row...that we were the dregs of society and something
less than human. That my existence was contingent upon some USELESS appeals
that were perfunctorily heard and summarily denied by "Rubber Stamping"
them.
Post Office Box 500 - Death Row - Boydton, Virginia 23917 - 0500
PAGE TWO
4- Seeing President Bush on television advocating more and more
reasons for putting people to death; seeing Governor Wilder switch his
position from anti-death penalty to pro-death penalty, and seeing politicians
using the death penalty as a platform to enhance their re-elections...al]
of this led to a totally defeatist attitude. I felt that the whole world
was against me, and that there was no reason to go on living in a world
that hated me!
5- Watching the other death row inmates get their cases turned down
and execution dates set, with my best friend being one who had an execution
date set, and who has since been executed. [July 19, 1990].
6- The general consensus of death row inmates being that there is
no justice in any of the courts, and their lives being one of several years
of a "Zombie" existence, and in the end dying a horrible death...being fried
like a piece of bacon in afrying pan. I felt trapped in an evil world...a
world of death, death, death! The very thought of being fried to death
seemed to be worse than any sort of torture I have ever read about or heard
about. Still, I felt like death was more inviting than life under these
circumstances...at least death would release me from all of this torture
I had to look forward to.
TERMINATED ALL FURTHER APPEALS
After much agonizing contemplation, I decided to terminate my appeals
and let the State of Virginia execute me. My first thoughts were to go ahead
and commit suicide myself...to hang myself, cut my wrists, or take an overdose
of medication. But I didn't want my death not to stand for something. I
wanted my death to focus attention on the horror of the death penalty, so
that those who advocate the death penalty would receive a first-hand education
about what it is all about. So I had a jailhouse lawyer by the name of
Joe O'Dell prepare a Peremptory Writ of Mandamus to the Virginia Supreme
Court and the Court I was sentenced in, for my execution to be Public!
Post Office Box 500 - Death Row - Boydton, Virginia 23917 - 0500
PAGE THREE
The publicity from my termination of appeals and asking for a public
execution generated unbelievable responses from all over the country. I
was asked for interviews by scores of the media, and people were writing
me imploring me to pick up my appeals and go on fighting. I felt like that
with this response from everyone, that finally the death penalty was getting
something besides “ho hum" attention.
The hurt that I experienced from seeing the sadness and tears from
my loved ones will never be forgotten by me. I was adamant that I was going
to end the suffering and torture for myself and for all of my loved ones
by my execution, and NOTHING was going to change my mind.
Approximately two weeks before my execution was scheduled, the Elite
Death Squad came to my cell to transport me to the Death House in Richmond
where the Electric Chair sits. The reality of it all hit me when I arrived
at that macabre vile smelling facility...it seemed as if all the ghosts
of those who had been executed in the past were all around me. I placated
my mind by saying, "I'll be out of here on June 29, 1990...al1 of this horror
will be gone." I was actually looking forward to my date with death...it
seemed as if I was being given a "Full Pardon." At this point in time there
was NOTHING that could change my mind...I was on a euphoric high with my
imminent death being the catalyst for that high.
APPEALS PUT INTO MOTION AGAIN - REASONS WhY
I was sitting in my “Death Cell" counting the hours and the days to
the day of my "release" from all of this hell, when a lady by the name of
Marie Deans from the Virginia Coalition on Jails and Prisons came to visit
me. She at first listened to all of my reasons for wanting to give up my
appeals and die. I knew that she was there to "try" and change my mind...
I was adamant that she wasn't going to change my mind, but we made a deal,
that I would listen to her and her reasons why I should change my mind.
Post Office Box 500 - Death Row - Boydton, Virginia 23917 - 0500
PAGE FOUR
Marie [I call her "Saint Marie"] promised me she would not file a
"Next Friend Petition," which would block my execution. She promised that
she would help get my "message" out; that she would help my family through
my execution, and that she would help me through the "Death House" experience.
She held up to all her promises, except I found out later that she was going
to file the "Next Friend Petition" on me, but that justs shows how committed
she is to stopping state murders. [That is a broken promise that would be
expected].
Without a doubt if it had not been for Marie I would have been executed.
Marie showed me that all of the reasons I wanted to be executed were wrong
and that I had conjured up the wrong conclusions based on misinformation.
She showed me that there were many people working on getting the death penalty
abolished, and that many people did care about me and the others on death
row.
Marie had three lawyers on her team to convince me that what I was
doing was wrong. [Jerry Zerkin; Kay Eli Pearce, and Frank Draper]. I told
these lawyers that another reason that I wanted to be executed was because
my friend Ricky Boggs had gotten an execution date, and I did not want to
be around when he died. [Ricky and I had made a pact with each other that
we would meet each other on the “other side" after our deaths] These three
attorneys took over Rick's case...this gave me some hope that Rick would
be spared, and it caused me to think that maybe that there are people that
do care. [Rick was executed on July 19, 1990, but Marie Deans, Jerry Zerkin,
Kay Eli Pearce, Frank Draper, and many others did ALL they could possibly
do to save him].
The whole time I was in the “Death House;' Marie would faithfully show
up every day and listen to me for hours. Everything I would say in support
of my decision to kill myself by allowing my execution, she would turn it
around and show me how empty and wrong my arguments were.
Post Office Box 500 - Death Row - Boydton, Virginia 23917 - 0500
PAGE FIVE
On the day I decided to pick up my appeals [5 days before my execution],
I had a very emotional visit with my family. They were all begging me to
pick up my appeals. Right after they left, Marie came in and I talked for
hours...she just listened. She got up and left, and in about 10 minutes
she returned with two lawyers, Frank Draper and Kay Pearce. We all went
into the "Cool Off Room," which is the room where they put the body of a
man that has just been executed to cool off. Marie and the two lawyers
bombarded me with ALL the reasons why I should pick up my appeals and go
on fighting. They broke me down completely. I looked down the hall at
a guard that was watching us, and then I looked at these three wonderful
people who cared whether I lived or died, and who were willing to help me
live. It suddenly became very clear to me that if I got up and walked away
with the guard and let the state kill me, that I would have been going with
the enemy, and would have been letting everyone that loved me and cared about
me, down! But if I picked up my appeals I would be with a great team...a
"Life Team," and I would be able to a lot for the "cause" by staying alive.
Marie convinced me with her beautiful logic, that if I allowed myself to be
killed, that everything I had done up to that point would be LOST! Marie
made me realize that I can make a difference, and that my life still had
meaning. I decided to pick up my appeals, and since then I have seen the truth
to all that Marie and the others told me, and I am glad that I did not allow
myself to be killed.
Marie also gave me a lot of comfort in dealing with the heartache and
guilt I have for the murder I committed. She told me that the man I killed,
who I knew well, and who was against the death penalty, would not have wanted
me to be executed. He would have wanted me to fight to abolish it...he would
not have wanted the legacy that “someone was killed to show that killing him
was wrong." That to do that would have been against everything that he ever
believed in and stood for. This really touched me and I knew that would be
what Tom McWaters would have wanted, and I don't want to besmirch this man
and his memory by doing anything further against him...so I will live, and I
will fight to live.
Post Office Box 500 - Death Row - Boydton, Virginia 23917 - 0500
PAGE SIX
POINTERS IN DEALING WITH "STATE SANCTIONED SUICIDE"
1- Listen to the person and find out what is really on his mind, and
the reasons that he wants to die. Then attack those reasons.
2- Wear him down, be persistent, come at him from ALL directions.
3- Give him HOPE.
4- Let him know that he has a job to do, and if he gives in to the
enemy that he is letting everyone down, including himself.
5- Let him know that his life has meaning and that he has self-worth.
6- Let him know that there are people that CARE and that are fighting
for him
KKK KK KK KKK KKK KKK KKK
I want to express my thanks to everyone that reads this, and "Special"
thanks to Marie, Jerry Zerkin, Frank Draper, and Kay Pearce...also to everyone
that has helped, and is helping, all of us fight for our lives.
If there is anything I can do in any way, please let me know.
God Bless You my
yh /
YR
Joseph Savino, /
/
Post Office Box 500 - Death Row - Boydton, Virginia 23917 - 0500
