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Posted on Tue, Jan. 28, 2003 story:PUB_DESC
Death penalty under scrutiny
Newly freed inmate recounts his ordeal

DEMOCRAT SENIOR WRITER

State officials should take a hard look at capital punishment but probably won't, a man who spent 16 years on Death Row said Monday.

Rudolph Holton and two attorneys who fought for his exoneration in the 1986 murder of a young woman held a news conference to discuss his ordeal. Holton, 49, is scheduled to attend a "service of thanksgiving" at the Great Seal of the State today on the Capitol's first floor - where death penalty opponents usually gather for prayer after an execution.

Holton was freed Friday when the state admitted that exculpatory evidence, including information about a different suspect, was withheld from his defense attorney.

"It was just one of them things," Holton said. "It's the system. It's the people who work in the system, how they do things."

Holton and attorneys Linda McDermott and Martin McClain said Gov. Jeb Bush and the Legislature should be troubled by the 25th case of a man getting off Florida's Death Row. But Bush has proposed abolishing the office of Capital Collateral Representative, which represents condemned killers, and hiring private attorneys - on a budget lowered from $10 million to $6 million next year.

Earlier Monday, Bush said there might be an investigation of why some witnesses - including a jailhouse informant - changed stories in Holton's case. But he said he does not plan to review all death cases.

Holton, who spent the weekend at an undisclosed Tallahassee home while visiting his son and daughter, said he is not angry about his ordeal. McDermott said attorneys have been trying since 1992 to get public records from Tampa investigators who knew of another man accused of raping the victim before her murder.

"This case should bring a meaningful review of the entire process of capital cases," McDermott said.

She said defense lawyers were told original crime reports were either lost or never existed. Katrina Graddy told police another man had raped her 10 days before she was killed.

McDermott said that man was later charged with obstructing justice for using a fake name when he was questioned by police. But Holton's defense lawyer was never told that someone else had a motive for killing Graddy, to keep her from testifying if he was arrested for sexually assaulting her.

Graddy, 17, was sodomized and strangled, her body set on fire in an abandoned crack house. McClain said a third man asked investigators, "Who choked Katrina?" - indicating that he knew a dead woman was in the burned-out house and that she had been strangled - information that had not been disclosed at the time.

McDermott said she was able to locate police reports under some different names used by the other suspect in the case and Graddy's earlier report of her assault. Circuit Judge Daniel Perry ordered a new trial and the state appealed, but the Florida Supreme Court took just six days last month to uphold Perry's ruling.

"I'm just going to take it one day at a time and keep a positive attitude and a smile on my face," Holton said.


Contact reporter Bill Cotterell at (850) 599-2243 or bcotterell@taldem.com.
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