On September 6, 1976 a prisoner named Alfred Sturgis was found stabbed in his cell at the Florida State Prison at Starke. After being driven to various unequipped medical facilities, this inmate died as a result of the stabbing. Several inmates were locked up during the investigation, which resulted in three men being indicted for the Sturgis death. They were, James Jackson, Harry Mungin and Bennie Demps. The three were viewed by prison officials, as political militant leaders of Black inmates. Bennie's co-defendants both received life sentences and only he was given a death sentence.
The States ONLY witness against them and indeed the ONLY EVIDENCE against them, was a white homosexual inmate and known prison informant, by the name of Larry Hathaway. Upon being locked up in solitary confinement, Bennie received word that Hathaway was going to testify against them, claiming to have witnessed the stabbing, so he requested that an Attorney from the 'Prison Project', which was a Florida Department of Corrections, funded, prison rights and legal aide group, go and speak to Hathaway. That Attorney was John Chandler. During their interview, Hathaway told Chandler that he had not witnessed the stabbing and in fact knew nothing about it. He was being forced into testifying by prison officials, Lt. Wamsley and Major Deese, who threatened him into testifying or he would be returned to the very people he was instructed to testify against, and they would spread the word he was ‘turning’, suggesting to him “you know how those niggers are, they’ll kill you.”
Mr. Chandler had no vested interest in the outcome of this case, as the Prison Project represented all inmates upon their request. Attorney Chandler gave this evidence at trial, to which Hathaway denied ever saying. Mr. Demps' Attorney repeatedly confronted Hathaway during trial,whether he had been promised anything in exchange for his testimony and his reply was "no, only protection". At a 1981 Evidentiary hearing about the allegations raised, being that the State had tampered with the testimony of inmates by promising early parole, Hathaway again testified on behalf of the State and once again denied that he was promised anything for his testimony. At the same time the State had in it’s possession, a letter from Hathaway to Prosecutor Tom Elwell, wanting to know why Mr. Elwell had not helped him with the parole he was promised (exhibit 1). August 31,1978 the Chief of the Department of Corrections Investigation, William Beardsley, made one of many requests for the parole of Larry Hathaway, calling him a model prisoner (exhibit 2). Hathaway was in fact not a model prisoner in any sense of the word. He was transferred from Nevada and Kansas as a result of the trouble he caused within those Institutions, once again Beardsley assisted him (exhibit 3). In September 1981 Hathaway continued to have problems and once again contacted Mr. Beardsley (exhibit 4). By September 1982, in connection with a hearing that the Florida Supreme Court ordered, Mr. Beardsley was instructed to contact Hathaway to “make sure his story was the same” (exhibit 5). Before Hathaway was to speak to Mr. Demps' Attorneys on October 14, 1981, Mr. Beardsley wrote the Attorney a letter, clearly conflicting his earlier statements with regard to parole requests for Hathaway, on the basis of being a model prisoner (exhibit 6). Hathaway had participated in an earlier investigation in which his credibility was questioned. They had advised him to be a model prisoner, and had to ‘tell’ him the information they wanted to ‘hear’ (exhibit 7). At the hearing Bennie's Attorneys questioned Hathaway’s mental health. At that time no record of his mental state, could be found within his Prison Records. As we now know and as we had suspected, there was something wrong with him, in fact he had a history of mental problems, dating back to 1974 (exhibit 8). Mr. Beardsley was clearly aware of these mental problems, as well as the fact that Hathaway was taking psychotropic medication (exhibit 9). He continued to display signs of mental disorder (exhibits 10, 11, 12, 13). In fact the Department of Corrections placed Hathaway in the Florida State Department of Corrections Mental Health Facility (exhibits 14, 15, 16, 17, 18). (And indeed it is where he is today). He was given advanced warning about a pending deposition from Mr. Charles Lawson. He was also told that Mr. Beardsley and the States Attorney Tom Elwell, would be in further contact to discuss the matter with him (exhibit 19). Hathaway was, by this time, transferred to the State of Missouri due to his involvement in smuggling narcotics while in the Kansas Prison system (exhibit 20). At Mr. Demps' trial, Hathaway stated he had one or two convictions, but his criminal career and convictions extend far beyond a few (exhibit 21).
We would learn from another inmate named William Squires, that the Prison officials not only were offering protection, but also, out of State transfers and paroles. Squires was a very well known Prison informant, who had worked closely with Prison officials to uncover major criminal activities and conspiracies within the State Prison. This inmate agreed to testify on behalf of Mr. Demps. Upon hearing this, Inspector Beardsley offered Squires parole 20 years early, if he would not testify for him. Ultimately he accepted the deal and was transferred from Florida State Prison into a work release program, all at the request of Inspector Beardsley. Squires would later escape while working at a local service station. Mr. Beardsley deliberately lied to this station owner about this man’s background, to get him the job. Squires robbed the station, attempted to kill the owner, his wife and another employee, then went on a crime spree which resulted in robberies and the killing of several people including two Police Officers, one in Florida, the other in Georgia. His attempt to rectify what he had done to Bennie preceded his return the Florida State Prison.
Bennie Demps has fought this conviction for the past twenty years, has survived three execution warrants - 1982, 1987, 1990 and in all probability, is on his last appeal. With so many things deliberately withheld and covered up, how can a man be in 'Procedural Default', trying to stay alive through the only means possible - by getting the truth heard. There is newly discovered evidence, (among other things, eyewitness testimony to this crime and many other startling revelations) that will finally exonerate Bennie Demps.
No criminal conviction should be allowed to stand when information or evidence that is favorable to the defense is withheld. It should be abundantly clear that, in this case, not only were deals made with Hathaway and Squires, but the Prosecutor knowingly and deliberately withheld evidence, such as mental illness and criminal convictions and participated in conjunction with Inspector William Beardsley and other Prison officials to gain a conviction. The Courts cannot just legalize the issues in Demps case, through claims of Procedural Default. In effect saying “You are just to late”.
Our system of Justice is based on certain fundamental guarantees, that are designed to protect each of us and to prevent the abuse of the legal procedures in any Judicial Proceeding. In a case where a defendant is faced with the sentence of death, these fundamental rights must be in place.
The Constitution of
the United States of America prevents the loss of life, liberty and property,
without due process of law. Justice must be afforded everyone and no man
should be put to death, when it can be proven that a trial was fundamentally
flawed and riddled with Prosecutorial Misconduct, relying solely on the
ravings of an insane man. Those of you who are concerned about truth and
justice, please make your voices heard by writing or E-mailing the Governor
of the State of Florida, The Board of Executive Clemency, the Miami Herald
and other newspapers and indeed anyone else who is in the decision making
capacity.
GOVERNOR
LAWTON CHILES
The Capital Tallahassee,
Fl 32399 - 0001
(904) 488-2272
(904) 487-0801 Fax
E-mail -
chiles@eog.state.fl.us
BOARD
OF EXECUTIVE CLEMENCY
1309 Winwood Blvd.
Building 6, Room 323 Tallahassee, Fl 32399 - 2450
(904) 488-2925
(904) 488-0695 Fax
MIAMI
HERALD NEWSPAPER
Herald Plaza Miami,
Fl 32132
If you wish to investigate
this case, copies of all exibits refered to at this site as well as any
other legal documents required, will be provided by:
E-mail for Mr. Demps - Beneddie@concentric.net
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