Convicted murderer due to die today 06/07/00

Wednesday, June 7, 2000

Story last updated at 11:32 p.m. on Tuesday, June 6, 2000

At a news conference at Florida State Prison near Starke Tuesday, inmate Bennie Demps, who is to be executed Wednesday, again charged he has been falsely accused of killing a fellow inmate -- Will Dickey/Staff

Convicted murderer due to die today
He says death sentence punishes for earlier crime

By Rich Tucker
Times-Union staff writer

Convicted murderer Bennie Demps' deep voice booms and sweat glistens on his forehead as he outlines the defense he has been perfecting for the 22 years since he was sentenced to be executed. He expresses no fear of death, only outrage because he says he believes he is being punished for the wrong murder.

Demps was sentenced to death in 1978 for killing fellow inmate Alfred Sturgis. He had been facing execution for a double murder in Lake County in 1971, but that sentence was overturned by a subsequent U.S. Supreme Court ruling.

Demps said he believes that when he was found guilty of murdering Sturgis, the court sentenced him to death specifically because he had avoided execution for the earlier crime. Two other inmates also convicted in the murder received life sentences.

Demps is scheduled to be put to death by lethal injection at 6 p.m. Wednesday.

"They want to execute me on this case for that case [in 1971]," Demps said. "I have been falsely accused of this murder, and they know it."

During a news conference at Florida State Prison Tuesday, Demps refused to say whether he felt regret for the murders he committed in Lake County, explaining that he spends much of his time studying the law to work on his appeals.

"It's not about regret. It's about this case," he said. "I am innocent, and an innocent man does not profess regret or remorse."

Nevertheless, Demps said he does feel fortunate for the years he has had since being sentenced to death. During that time, he met a woman and corresponded with her by mail, getting married just a few months ago. In addition, Demps said he has found strength in the Islamic faith, which he embraced in 1990. He also has grown closer to his mother and enjoyed watching his adopted sister grow.

"Prison is hell. This is no vacation," Demps said. "But yes, I've had some beautiful experiences, not because of prison but in spite of it."

During the news conference that Demps called, he resisted discussing anything other than his recent appeals. He displayed several letters and memos that he said proved his innocence, and he called for another trial in which such evidence could be considered.

"I have been sentenced to death for this case, and I am going to die tomorrow," he said yesterday. "I am an innocent man, wrongly convicted, and I should be allowed a hearing to prove it."

Demps' recent efforts to secure another hearing hinged on a recent appeal that the Florida Supreme Court rejected Monday. That appeal refers to a memorandum that Chief Prison Inspector Cecil Sewell sent to Department of Corrections head Louie Wainwright the day after Sturgis was murdered. The memo only names James Jackson as being involved in the killing, according to Assistant Attorney General Curtis French.

According to Demps, the document proves his innocence.

George Schaefer, Demps' court-appointed appellate lawyer, said in an interview yesterday that he believes the memo could have affected the outcome of the trial.

"The memo was highly exculpatory, and there is a reasonable possibility that he might not have been convicted had the jury seen it," he said.

Schaefer said he spent the morning yesterday drafting an emergency motion for a stay of Demps' execution. He declined to predict whether the stay would be granted.

"I think anybody who has a serious constitutional issue to be considered should at least have the opportunity to have that issue reviewed," he said.

French said Demps' most recent appeal included contradictions from his earlier testimony about the murder.

"The trial judge decided that this memo would not have made any difference in that original trial," he said. "I agree with the trial judge's decision."

Since he was given the death sentence, Demps has filed four motions for post-conviction relief and multiple appeals, according to Schaefer. Three Florida governors have signed four death warrants for his execution.

Originally slated to be executed in the electric chair, Demps elected to be put to death by lethal injection. This year, the Legislature passed a law changing the state's primary form of execution to lethal injection.

He noted little difference between the two processes: "What difference does it make? Dead is dead."

Demps, who served in the Marine Corps during the Vietnam War, said he believes he has changed substantially since he was first incarcerated in 1972.

"In my early years, I had a very different mentality. I was an angry, bitter young man," he said.

"During the last 10 years of my life, I've lived as a Muslim, and I've grown in character and commitment," said Demps, who wore a white kufi on his head as a symbol of his Islamic faith. "I'd like to be remembered for my character."