PRESS RELEASES - Reactions to Ring v Arizona:

FOR IMMEDIATE RELEASE
Monday, June 24, 2002

CONTACT:   Dianna S. Wentz <dwentz@moratoriumcampaign.org>
504/864-1071 (o) 412/512-3208 (c)

Federal Court Decision in Ring v. Arizona Questions Constitutionality of
Who is Sentenced to Death in the United States:

Moratorium Needed Now in all Death Penalty Cases

NEW ORLEANS – The Supreme Court ruled today in Ring v. Arizona that juries
and not judges must determine not only defendants' guilt or innocence but
also their punishment.  In its decision, the Court held that a sentence
imposed by a judge violates a defendant's right to a trial by jury.  The
7-2 ruling is retroactive and means that executions ordered in at least
five states must be reconsidered.

"The Supreme Court's ruling raises serious questions as to who is being
sentenced to death in this country and how," states Dianna Wentz, executive
director of The Moratorium Campaign.  "The ruling shows the arbitrary
nature of our criminal justice system and the need for reform."

Today's decision potentially affects up to 800 death row inmates.  It will
immediately apply to those sentenced to death in Arizona, Idaho, Colorado
and Nebraska.  It is unclear at this time what effect it will have on
Montana, Florida, Alabama, Indiana and Delaware, where a jury makes a
recommendation of life in prison or the death penalty, but the judge makes
the final ruling.

In less than a week the Supreme Court has ruled on two decisions that
affect the ways that states sentence people to death.  On June 20, the
Supreme Court held in Atkins v. Arizona that the execution of the mentally
retarded is a violation of the Eight Amendment's ban on cruel and unusual
punishment.

"Today's decision, along with the decision handed down in Atkins v.
Arizona, shows how critical it is that we review the entire capital
punishment system in the United States," asserts Wentz.  "It is time for
the federal government to take the lead in implementing a moratorium on all
executions."

Jene'
Development Director
The Moratorium Campaign

2:30pm
24 June 2002
FOR IMMEDIATE RELEASE

CONTACT:  Abe Bonowitz - 800-973-6548
 

RING DECISION IMPACTS FLORIDA

Today the United States Supreme Court agreed with the appellant in Ring V.
Arizona that a defendant is entitled to jury determination of aggravating
factors that must be found before death may be imposed.  This decision
could potentially impact many of Florida's 370 death row prisoners.

"It is unclear exactly how this is going to shake out in Florida," said Abe
Bonowitz, director of Floridians for Alternatives to the Death Penalty,
"but there are definitely many people on Florida's death row who will
benefit from this decision and we are happy about that.  What is more clear
by this decision is that even after 25 years of trying to reform the death
penalty, we find there is still no good or fair way to determine who lives
and who dies."

Some Florida experts are suggesting that this decision will impact all of
the 370 people currently on Florida's death row, but the Supreme Court did
not rule explicitly about how its decision would impact Florida law.  For
example, what will happen in cases where a defendant waived his or her
right to a trial by jury?  And what will happen in cases where the judge
sentenced the defendant according to the recommendation of the jury?

However, the Ring decision will almost certainly have an impact on the
Florida cases where a jury recommended life but a judge overruled that
recommendation and handed down a death sentence.  According to research by
Prof. Michael Radelet, there have been at least 166 death sentences imposed
in Florida after juries recommended a sentence of life imprisonment. There
were a dozen overrides in both 1980 and 1983, and the number of overrides
also hit double figures in 1974, 1976, 1978, 1982, 1986, and 1989 (see
Table 2 and section F at <http://www.fadp.org/pad/apage2.html>.

Of the 166 individuals who received a jury recommendation of life, but a
judge overruled and sentenced to death the following are currently still on
death row in Florida.

Michael Coleman
Henry Garcia (life & death recs - multiple counts on same case)
Tommy Groover (life & death recs - multiple counts on same case)
Matthew Marshall
Timothy Robinson
Anthony Washington
Ronald Williams
Edward Zakrzewski (life & death recs - multiple counts on same case)
Tommy Zeigler
 

and FOUR men have been executed with jury votes of life:

9-7-84 Ernie Dobbert
8-28-87 Beauford White
6-25-91 Bobby Francis
7-18-95 Bernard Bolander
 

"Clearly, there are problems when elected judges deliver death sentences,"
added Bonowitz.  "If a judge has to worry about appearing "tough on crime"
when it is time for re-election, well how fair can that be?  The Ring
decision has left no uncertainty that juries and not judges should make the
life and death decisions."

Floridians for Alternatives to the Death Penalty (FADP) reiterates its call
for an immediate Time-Out on executions, and urges Florida's leaders to
recognize the death penalty as the colossal the waste of money and
resources that it is, and that fallible human beings will never "perfect" a
system to kill citizens.  Now is a good time to do away with the death
penalty entirely.

--30--

SENT BY

Abraham J. Bonowitz
Director

         Floridians for Alternatives to the Death Penalty (FADP)

         800-973-6548    http://www.fadp.org    <fadp@fadp.org>
         PMB 297, 177 U.S. Highway #1, Tequesta, FL  33469