March 19. 2003 6:01AM Ex-inmate: System 'all about
revenge'
BY
DOUANE D. JAMES SPECIAL TO THE SUN
"The death penalty is all about hate and
revenge" - that was the message Juan Melendez, a man who spent 17
years and eight months on Death Row, had for about 90 law students
and others Tuesday.
"Don't tell me America can send a man to
the moon and not keep a condemned man in prison for life," Melendez,
51, said inside the Bailey Courtroom at University of Florida's
Levin College of Law.
When Melendez walked out of the Union
Correctional Institution in Raiford on Jan. 3, 2002, he became the
99th inmate nationwide - and the 24th in Florida - to be released
from Death Row after new evidence surfaced.
Melendez said
when the state decides to execute someone murder, it doesn't
diminish the grief of the victim's family, rather, it gives
politicians a chance to look as if they are being tough on
crime.
While he acknowledged that many prisoners on Death Row
are guilty, he said the fact that men like him came so close to
being executed proves the system needs to be reformed.
"You
got 25 people let out already; it's obvious something is wrong," he
said, adding that he would like to see a repeat of what occurred in
Illinois in Florida. This year, outgoing Illinois Gov. George Ryan
commuted the sentences of 167 death row inmates to life in prison
without parole, pointing to the possibility of errors in prosecution
that had led to the release of 13 condemned inmates since
1977.
Raised in Puerto Rico, Melendez was working in Polk
County as a fruit picker before he was sentenced to death in 1984
for the 1983 killing of Auburndale beauty salon owner Delbert Baker.
A police informant implicated Melendez and another man. The second
man cut a deal with prosecutors and testified against Melendez, but
12 years later, he recanted, saying he was coerced.
Melendez
caught a bigger break when a transcript of another man's confession
to the crime was discovered in 1999 and prosecutors later decided
they lacked the evidence to warrant a court-ordered
retrial.
Melendez, who learned English from other inmates,
recalled his thoughts of suicide and the sadness he felt while
living in a 6-by-9-foot cell. The support he said he received from
his mother and faith in God is what kept him strong.
"It's
not a picnic (in prison); there's real suffering in there," he
said.
Melendez also joked about adjusting to his new life,
saying he was baffled the first time he was told he could use a cell
phone to talk to his mother in Puerto Rico.
In response to a
student who said she was surprised that he wasn't bitter about his
ordeal, Melendez said he's learned to let the past go.
"Being
free is beautiful," he said. "I take it day by day . . . and try to
turn the negative into a positive."
Melendez now lives with
his mother in Puerto Rico and makes his living from donations he
receives at speaking engagements, often sponsored by Floridians for
Alternatives to the Death Penalty. The group's goal is for the state
to take a "time out" on the death penalty and review the system,
group director Abe Bonowitz said.
But that may be a tall
order because Gov. Jeb Bush has proved to be a steadfast supporter
of the death penalty, and voters in November overwhelmingly approved
a measure to insert it into the state constitution. In Bush's
proposed budget, a provision seeks to speed up executions by
privatizing the capital-appeals process - moving the responsibility
for Death Row appeals to private lawyers rather than ones working as
state employees.
This would close the state's legal offices
that file appeals for Death Row inmates, three agencies known as the
Capital Collateral Representative Counsel. Without the counsel
working on his behalf, Melendez says, he likely would be
dead.
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