Opinion: Bush should fix errors revealed in Holton case

In his letter in the St. Petersburg Times, Gov. Jeb Bush "rebuts" assertions that Rudolph Holton was exonerated. The governor's implication, of course, is the tired refrain we hear every time someone is freed after being unconstitutionally convicted: Another inmate has just gotten off on a technicality.

Apparently the governor wishes us to retreat from the primary principle upon which our justice system was founded: innocent until proven guilty. If the governor believed in this principle -- and was committed to it and to actual justice rather than paying it lip service -- he would display the integrity demanded by the high position he holds and admit that unconscionable errors were made in Holton's case, and have been in others. He would then act vigorously to prevent such occurrences in the future.

The bottom line is that if the state has insufficient evidence to convict Rudolph Holton, then he is presumptively no more guilty of murder than is Gov. Bush. As someone who knows Mr. Holton, and (though not assigned to his case) is acquainted with the facts of the case, I can tell you that in addition to being innocent in accordance with the principles and ethics this country was founded upon, Rudy is actually, totally, factually innocent.

The governor's response has been to "consider" proposing an investigation into why it took 16 years for crucial evidence to be located and for recanted testimony to be produced. The real question is: Why did the state withhold crucial evidence from the defense and present perjured testimony in the first place? If the answer is that the state thought that it had the right man, our justice system is in serious trouble. If it is something else, we should all be very worried.

The fact that the governor is either unfamiliar with the details of Rudy's case (and chooses to speak authoritatively anyway), or intentionally misrepresents them by implying Rudy "got off," shows that his real priorities lie elsewhere. In his letter, the governor states, "Justice is denied to everyone when cases are mired in our courts for decades." True. But why does that invariably lead to executing people faster, rather than fixing problems that allow people like Rudy to end up on death row in the first place? And why do we never hear the governor remarking on the horrible injustice of an innocent man spending 16 years on death row? Is the injustice greater when an innocent man is freed after 16 years of being "mired in our courts," or if the wrong man is executed in five years -- as Rudy surely would have been under the governor's "streamlined" justice system?

Can private attorneys adequately defend the more than 375 people on Florida's death row? This is a question for honest, open debate, something impossible when the highest officer in our state cannot acknowledge crucial realities to the people of Florida, who rely on him for integrity, concern and forthrightness.
-- Marc Levi, investigator, Capital Collateral Counsel, Northern Region, Tallahassee (I write this as a citizen of Florida and not a spokesperson for CCC-NR.)

Speed justice by ending executions

I would like to take exception with some of Gov. Jeb Bush's statements in response to your coverage of the Rudolph Holton's case:

The governor claims that the public at large and the victims' families in particular are disserved when a death penalty case takes longer than five years. The governor seems to ignore that the conclusion of murder cases would be much speedier, less costly and equally effective, if execution were not part of the equation. To suggest that executions should be sped up in the name of efficiency is callous. To suggest that justice is served by the execution of somebody, irrespective of his/her culpability and responsibility is unbecoming a politician who built a career on the sacredness of human life.

The governor claims that the Holton case demonstrates that the process works. I beg to differ: Not only was a person condemned to death by a kangaroo court, but an assassin has been left free to kill again, and we, the taxpayers, have been left footing the bill for both egregious dysfunctions of the judicial system. The governor all but ignores that justice means, among other things, to assure that a criminal's activity is stopped forever. The prosecutorial frenzy to have Holton executed all but impeded the search and the punishment of the real culprit.

The governor underlines that Holton was not exonerated of his crime; simply there was not enough evidence to convict him. Does the governor mean that a person is guilty until proven innocent or that being indicted is tantamount to being condemned in the mind of decent people? As a life-long prolifer for whom protection of human life is the main goal of any political activity, I would like to tell the governor that his prolife stand cannot be taken seriously by any serious prolifer until he demonstrates his consistency by calling a moratorium on capital punishment.
-- Lodovico Balducci, Tampa

Don't waste people's lives

In his letter concerning Rudolph Holton, Gov. Jeb Bush goes to great lengths to explain that he is of the opinion that Holton may be guilty but the state's ability to prove the case has eroded with time. By implication, if the state had zapped him several years ago, we would not be left with "another criminal getting away with murder."

The judge and many others look at this differently. The state put together a weak case. If it can't put together a better case, let us fall back to the long, noble American tradition: "A man is innocent until proven guilty." Gov. Bush goes on to laud his efforts that resulted in dollar savings in capital cases between 1998-2000. Not one mention of saved lives or overturned convictions.

Hopefully, governance will continue in this great country of ours with a deep commitment to reluctance to execute people whose only true crime was poverty.

We all know that there are ambitious prosecutors, brutal cops and lying convicts willing to shorten their sentences to set up anyone, innocent or not. We know that the administration of justice is difficult, expensive and time consuming. We are dealing with the country's most precious commodity, peoples' lives. Let's not waste them.
-- Maurice Rocheleau, Valrico

The missing principle

Re: Private attorneys will speed justice in capital cases.

In his Feb. 18 letter, Gov. Jeb Bush continues his disingenuous ways. His two fundamental principles do not include the most fundamental principle of all -- a clear and convincing verdict after a full and fair trial. It is in no way a fundamental principle to "assign professional, ethical, and competent legal representation" after a flawed conviction. Even less so can it be fundamental to swiftly carry out flawed sentences.

To be fair, however, Bush is probably correct in that Rudolph Holton was not "exonerated." Of course, the governor also did not mention that there was a rape suspect who was not pursued or disclosed to the trial's defense either.
-- Francis Brown, St. Petersburg

Taking a tabloid tack

Re: Major's woes blamed on relationship, Feb. 14.

I was appalled and disgusted by your front-page story last week on the Hillsborough County sheriff's major's affair with the wife of a prominent businessman. This story was more National Enquirer material than something for a respectable newspaper. I thought it was mean that you published the name of the woman involved. Splashing that information on the front page had no bearing on the issues surrounding the status of the officer involved. You humiliated the soon-to-be ex-husband, and worst of all you are subjecting innocent children to embarrassment and ridicule. Did you think that you could treat these people this way because they happen to be successful and have money?

For a newspaper that has backed political candidates you felt cared about the individual and who fought against those who used power inappropriately, you used your clout to trample all over some very innocent people.

By the way, I have never met any of the parties involved, nor do I have any ties to them.
-- Jeffrey P. Hausman, Tarpon Springs

A judicial fiasco

Re: A paternal injustice, Feb. 17.

Hallelujah! The Times' editorial writer got this one right! The Supreme Court ruling just confirms what most noncustodial parents, 90 percent of whom are fathers, already know. The only interest the courts have in us is how much money they can legally extract from us. It shows that "justice" is not what the courts are looking for, but the "cash cow." Mom can lie throughout the divorce process and know she will be rewarded. What a legacy for our children!

My heart goes out to Michael Anderson and the poor child. I will pray for them both as they will need all the help they can get to get through this "judicial fiasco." I am sure the resentment Anderson has for the judiciary is immense. I pray that it does not eat him alive and that he can try to live a reasonably normal life in spite of this ruling.

It is the job of our lawmakers to pass legislation that will take the decisionmaking process away from the judiciary in these circumstances. Hopefully, one of them will have the common sense to end these judicial fiascoes.
-- Richard Polkowski, St. Petersburg

Pinched by low returns

It seems to me that the faith of the people in the economy was shaken when the Fed dropped the interest rates so drastically. I personally stopped spending when the rates started dropping.

Like many other elderly people, I used the interest earned for daily living expenses and luxuries. I'd love to buy some new furniture and take a couple of trips, but no can do.

So, Mr. Alan Greenspan, with all due respect, your way isn't working. Raise the rates a little and watch me spend.
-- Bia McCarthy, St. Petersburg

The gift of life

My heart goes out to the family of Jesica Santillan, the teen who received incompatible organs during a transplant at Duke University Medical Center. My heart goes out as well to the family out there whose loved one could have been saved with that heart and lung she mistakenly received.

Her story brings to mind the fact that every 16 minutes, someone is added to the National Transplant Waiting List, a list that now stands at more than 80,000 people. I speak from experience because twice in my life I have had a place on that list. I am alive today thanks to the generosity of two wonderful people I never met. With that in mind, I hope that more people become donors and give others the gift of life.
-- Denise Rich, St. Petersburg

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