The Execution of Gregory Mills

And They Say the Death Penalty Is Applied Fairly...?

Florida Supreme Court Justice Anstead's Comments

A life hangs in the balance while this Court considers whether it should openly acknowledge its past mistake. In my view the choice is obvious while we still have time. A jury has lawfully determined that Mr. Mills' life should be spared. We are now called upon to recognize that a trial court wrongfully ignored the jury's decision and this Court erroneously approved of that action. No one disputes that a mistake was made. Under our holding in Keen v. State, 775 So. 2d 263 (Fla. 2000), and countless other decisions properly applying the Tedder rule, it is apparent that there was a reasonable basis for the jury's decision to spare Mills' life and we should not hesitate to say so now. For example, in both Keen and Mills, the jury was entitled to rely on the more lenient treatment of a codefendant as a valid reason to recommend life. However, under our ruling today, Mills will die while Keen will live. In the past this Court has been quick to accept responsibility for its mistakes, especially if blind adherence to a flawed decision will result in a manifest injustice and the taking of a human life. It is also important to note that the injustice of the treatment of Mills has not gone unnoticed by members of this Court. Over the years, the major concern expressed by courts, including the United States Supreme Court, as to the constitutionality of the application of the death penalty, has been the fear that the penalty may be applied arbitrarily. The arbitrary execution of Mills, whose case cannot be distinguished in any meaningful way from that of Cochran, Keen and countless other cases where we have mandated adherence to Tedder, is that fear come true.

These two articles by the Associated Press say a lot....

Apr 17, 2001 - 07:07 PM Murder Witness Who Changed Story Refuses to Testify SANFORD, Fla. (AP) - A key witness in a 1979 murder case refused on Tuesday to testify about his changed version of a slaying that could prevent a death row inmate's execution. Vincent Ashley was ordered by Circuit Judge O.H. Eaton Jr. to appear in court Tuesday to explain why he changed his version of events. Ashley is currently in state prison, serving a life sentence in an unrelated armed robbery. He was given immunity in James Wright's slaying for his testimony against Gregory Mills. "I'm not going to testify to nothing, period," Ashley said. Eaton reminded Ashley that his testimony could result in a reduced life sentence for Mills instead of death. "I'm protecting my rights, protecting my soul," Ashley responded. Mills,  43, is scheduled to die May 2 for the shotgun slaying of Wright, a 73-year-old Sanford man who was killed in May 25, 1979 when he got up in the middle of the night to investigate the sound of burglars in his front room. Mills was convicted of felony murder and sentenced to death. At the trial, Ashley testified that after Mills crawled into the house through a window, he did, too. Ashley now says he never entered the house and that he stayed outside the window, said Todd Scher, Mills' attorney, who is asking Eaton to throw out Mills' conviction and sentence. "Mr. Ashley cannot be believed," Scher said Tuesday. Attorneys tried on Tuesday to get Ashley to testify in a closed-door  session with the court reporter, who later read a transcript of the session to the judge.  Prosecutors agreed to drop all  charges against Ashley in the case if he told the truth. Ashley insisted that he didn't want to "complicate things" any more. "I might tell you anything now," he said. "I might tell you I pulled the trigger." After the hearing, Scher said he was surprised that Ashley refused to testify. "It clearly indicates that he didn't want to put himself in jeopardy for perjury," he said. Scher argued that Ashley's comments indicated that he was the shooter, not Mills. Eaton replied that Ashley merely said he might say he was the shooter. Assistant Attorney General Ken Nunnelley argued that even if Ashley has changed his story, the changes are insignificant and wouldn't have caused the jury to acquit him. The jury that convicted Mills recommended a life sentence, knowing that Ashley got immunity in exchange for his testimony. But the trial judge sentenced Mills to death. The state Supreme Court last week refused to stop Mills' execution. In sharply worded dissent, three of the seven justices said the execution would be not only an injustice but also an arbitrary application of the death penalty. Eaton said he would issue his ruling on whether the sentence should be reduced by noon Wednesday.

Apr 18, 2001 - 03:48 PM Judge Denies Death Row Immates Request for a Stay of Execution SAMFORD, Fla. (AP) - Death row inmate Gregory Mills should be executed next month even though the star witness at his murder trial changed his story, a judge ruled Wednesday. Circuit Judge O.H. Eaton Jr., denied a stay of execution for Mills, who is scheduled to die May 2. The changed story about what happened offered by the witness, Vincent Ashley, would not have made a difference in Mills being sentenced to death in 1979, Eaton ruled. "There really is nothing new here,' the judge said in an eight-page order.

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FADP
Floridians for Alternatives to the Death Penalty
PMB 297
177 U.S. Hwy #1,
Tequesta, FL 33469
(800) 973-6548
fadp@fadp.org