[FADPUpdate] Arthur Rutherford Execution Wednesday

Tue Oct 17 11:00:35 EDT 2006

Friends,

Wednesday, October 18 at 6PM, the State of Florida is planning to execute Arthur Rutherford.  Please contact the Governor's office ASAP and make your voice heard.

Contact information for the Governor's office:  

E-mail: 
Governor Jeb Bush
jeb.bush at myflorida.com

Telephone:
850/488-4441
Fax: 850/487-0801

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Regina Grayson, one of Rutherford's daughters said, "There's hope until he's not here anymore.  I don't understand how my daddy's death is going to benefit anyone."  Florida Today, 10-16-06

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Vigils and protests will be held around the state.  For info on locations see:

 http://www.fadp.org/localprotests.html

If you or your group is planning a vigil/protest, please contact us so we can make the info available to others.  Please also send me a brief summary of your event, so we can post it to the news/update list.  Even if you are one person carrying a sign or speaking out, let us know, so more will know.

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The Catholic Bishops of Florida have issued a press release on the upcoming executions urging Governor Bush to stay the executions.  The Governor rejected their plea, saying, "I have reconciled my own core beliefs with the implementation of the death penalty."  Florida Today, 10-16-06

www.flacathconf.org/pressreleases/Prsrel06/RutherfordandRollings10-11-06.htm

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PRESS RELEASE FROM
FLORIDIANS FOR ALTERNATIVES TO THE DEATH PENALTY (FADP.org)

October 17, 2006

FADP CONTACTS:
Mark Elliott: 727-215-9646

ARTHUR RUTHERFORD EXECUTION SET FOR WEDNESDAY AMID NEW EVIDENCE OF POSSIBLE INNOCENCE AND DISCOVERIES OF FUNDAMENTAL FLAWS IN FLORIDA'S DEATH PENALTY SYSTEM

The state of Florida is preparing to kill Arthur Rutherford, an ex-Marine and Vietnam War veteran, on Wednesday, October 18th in revenge for the killing of Stella Salamon.  Rutherford has always maintained his innocence.  Now, Mary Heaton, the state's star witness against Rutherford has changed her testimony and cast new doubt on his guilt.  

Last week, when the Florida Supreme Court denied Rutherford's appeal, Justice Harry Lee Anstead wrote for the minority, "I concur in the majority opinion in all respects save one, the requirement of an evidentiary hearing in order to properly evaluate the newly discovered evidence of Mary Heaton's role in the murder for which Rutherford is to be executed." 

"We must remember that it is not only Rutherford's guilt but also the death penalty imposed that may be affected by this new evidence. Even without this evidence a jury voted for death by the narrowest of margins, seven-to-five, just one vote short of a recommendation for life. With that background it is essential that the credibility and reliability of this new evidence be evaluated in the crucible of an evidentiary hearing where testimony must be presented under oath and the State given a full opportunity for cross-examination. In turn, and because of the trial court's first hand ability to evaluate the evidence presented, our confidence in the outcome will be qualitatively increased. The trial jury's narrow vote demands no less." 

Mark Elliott, Spokesman for Floridians for Alternatives to the Death Penalty, adds, "With this new evidence, the Governor should re-activate the dormant Executive Clemency process and commute Rutherford's sentence to life in prison, the sentence a jury would probably now recommend." 

Last Month's American Bar Association report by a distinguished Florida legal panel, found that Florida's Death Penalty system is so riddled with flaws, mistakes and inequalities, that it leads the nation in the risk of executing the innocent.  "Florida's broken Death Penalty is shielded by secrecy, denial and lack of accountablility," states FADP's Elliott, "With 22 innocent people exonerated off our Death Row, the high risk of executing an innocent person has become business as usual."

For further comment contact Mark Elliott at 727-215-9646

For more on the Florida Supreme Court decision see SC06-1931 - Arthur Dennis Rutherford v. State of Florida:  www.floridasupremecourt.org/decisions/2006/sc06-1931.pdf

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SENT BY:

Mark Elliott
Spokesperson
Floridians for Alternatives to the Death Penalty (FADP)
(727) 215-9646
mark at fadp.org
www.fadp.org
PMB 335, 2603 Dr. Martin Luther King Jr. Hwy,
Gainesville, FL 32609

Floridians for Alternatives to the Death Penalty works for restorative
justice in the form of effective alternatives to the death penalty. It
does so by

* supporting and coordinating the work of organizations and individuals
* educating and energizing the general public and state legislators
* supporting the many persons affected by capital crime and punishment
* advocating specific legislative improvements

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