I am 49 deathrow prisoner and am currently under deathwatch at the Florida State Prison, having had my 4th death warrant signed by Governor Bush on Monday April 24, 2000. I was convicted and sentenced to death for the 1976 of killing a fellow prisoner. Quite simply I am innocent of this crime and have spent the last 22 years accumulating the necessary evidence to prove, that various Department of Correction prison officials - in conjunction with an unscrupulous former Prosecutor named Thomas Elwell, did indeed manufacture this case. The reason being they perceived me as having "escaped" the death penalty when in June 1972 the US Supreme Court struck down the death penalty commuting my sentence to life. It is a fact, the Courts in denying my appeals in this case, have often point to as justification to execute me for this case. Blending the lines of a prior conviction to carry out what the Court stopped before. By basically saying to me that the State did not get a chance to execute me then, so it’s ‘okay’ for them to do so now, regardless of the innocence factor. I would not have been sentenced to death without that prior conviction as you need only consider the disparity in sentencing between myself and my two co-defendants who both received life.

I use the word manufactured because I was not involved in this murder but the prison officials upon seeing an opportunity, manipulated and re-wrote this case to include me. They bought and paid for everything, concealed exculpatory evidence, ‘lost or misplaced’ critical files, that had they been discovered by me at the time of trial, would have proven my innocence. They made and delivered promises and rewards to all who aided in this conviction, be they prisoners or a guard. The proof of such has come in the form of many prisoners coming forward, issuing affidavits admitting their part in getting that conviction. But because this evidence was discovered so many years after my trial the Courts have ruled consistently on one issue, the evidence is procedurally and time barred, claiming you are just to late to present proof of your innocence! We discovered reams of documents about the ‘so called star inmate witness’ Larry Hathaway that proves beyond all doubt that he was then and continues to be today crazy! This is not opinion - we have the DOC medical records to prove it and how they knew he was on psycothropic medication and they used him anyway, but withheld that fact from us. In 1998 while going through a Clemency investigation my attorney Bill Salmon received from the State 2000 - 3000 pages of documents and amongst them was a single page document that for the last 21 years had been concealed and withheld from any of my attorneys - from the time of trial throughout the 22 years of this case. It is an official Department of Corrections memo written by the Chief Prison Inspector Cecil L. Sewell to the then Secretary of the Department of Corrections Louie Wainwright, it was written Sept. 7, 1976 the day after the murder of this prisoner and it clearly states that the victim in his dying declaration named a single individual and someone other than Bennie Demps! The fact that this document was previously concealed and withheld from us during trial and throughout the appellate process and the fact that it does not name me as the killer, became the basis for my 4th motion for post conviction relief filed in the Bradford County Circuit Court in July 1999. My attorney then filed a Supplement to the motion highlighting three affidavits of the representing attorney’s involved at trial affirming that they had never seen the document and all stated they repeatedly sought exculpatory evidence and were repeatedly told nothing existed. This fact is in the trial record. In October 1999 the Judge felt there was merit to my motion and ordered the State to respond by January 15, 2000 and to explain why I was not entitled to the relief I am seeking. Their response was empty, they provided no explanation for anything, simply a rehash of old responses put forth by the State in past appeals. My attorney then filed on April 13, 2000 one more Supplement and with it his own affidavit of how and when he came by the document. We were awaiting the Judge to rule and hopefully order an evidentiary hearing so that the truth could finally be told. The Governor of the State of Florida, in spite of this pending appeal based on factual innocence, in spite of his promises of Clemency being the catch net for innocence" in spite of the fact that the former Governor Lawton Chiles felt the this case needed more investigation - simply rushed to judgment prematurely signing my 4th death warrant while I still had an appeal pending. I have since learned that the Bradford County Circuit Court Judge found merit in my claims and has ordered an evidentiary hearing, set for Friday May 12, 2000.

In 1981 the Florida Supreme Court said in their denial of my initial appeal that I had no proof that the State withheld any critical documents, yet suddenly here we are 22 years after the fact while going through the Clemency proceedings, my attorney unearths ‘proof’ from the State files! This document should have been provided to my attorneys at the time of trial and the jury allowed to see it. Had the jury been allowed to see the document it would surely have been a great influence to them considering they returned the first time hung in their decision. The State should not be able to obtain a conviction where it can be clearly demonstrated that it was obtained through withholding exculpatory evidence and covered up deals made for testimony. The Court seems to want to excuse the State’s behavior in my case by saying over and over to me that the issues are procedurally barred. It was incumbent upon the State to provide my attorneys with any and all information that was exculpatory and yet all these years they have benefited from having it procedurally barred.

Recently the Chicago Tribune did an investigative series of articles on Prosecutors, withholding and hiding evidence. It is not improbable nor impossible that former Prosecutor Thomas Elwell had done the same to me in this case. In fact there is more than ample evidence that the State has indeed done such. What I am seeking is publicity and investigation into my case and I am asking for the Court to not to turn a blind eye to the allegations I have raised in my appeal. I am entitled to a full and fair hearing as I have raised strong claims and evidence of innocence. I am asking for nothing more than any man who is innocent and can prove it. Our system of justice is predicated on certain fundamental guarantees, that are designed to protect each of us and to prevent the abuse of legal procedures in any judicial proceeding. In a case where a person is faced with the sentence of death, these fundamental rights must be in place. I leave you with the question - if there is no statute of limitations put on charging someone with murder, why then should there be time limit put upon one seeking to prove innocence, when it can so clearly be documented?

If you wish to discuss this case with me please contact the Florida State Prison 904 - 368-2500 for an appointment to interview me as they must provide me media access under deathwath. Thank you for your time and please help before it’s too late.