# Petition — Barclay v. Florida > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385009_0333%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition - **Published:** January 1, 1983 - **Citation:** 463 U.S. 939 ## Text RECEIVED ‘JUN 1 6 1982 | on 01 6908 | wera IN THE SUPREME COURT, U.S. SUPREME COURT OF THE UNITED STATES October Term, 1981 ELWOOD BARCLAY, Petitioner, v. STATE OF FLORIDA, Respondent. PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA * * , . N INDEX PAGE OPINIONS BELOW 1 JURISDICTION 1 CONSTITUTIONAL PROVISIONS AND STATUTES INVOLVED 2 STATEMENT OF THE CASE 2-3 MANNER IN WHICH THE FEDERAL QUESTIONS WERE RAISED BELOW 3 REASONS FOR GRANTING THE WRIT L THE FLORIDA DEATH PENALTY - SENTENCING PROCEDURE WAS APPLIED TO PETITIONER IN AN ARBITRARY AND CAPRICIOUS MANNER WHICH VIOLATED PETITIONERS POURTEENTH AMENDMENT DUE PROCESS RIGHTS. 3-8 U. WHERE A DEATH PENALTY IS IMPOSED ON A PLURALITY OF AGGRAVATING CIRCUMSTANCES, OF WHICH THREE IS INVALID AND ON A NONSTATUTORY AGGRAVATING CIRCUMSTANCE, THE DEATH PENALTY SHOULD BE SET ASIDE. 8-10 CONCLUSION 11 CERTIFICATE OF SERVICE 11 TABLE OF AUTHORITIES Armstrong v. fiate 399 8.20 953 9 v. State 362 8.20 657 1 Barclay v. State 343 80.20 1266 1,2 v. State 343 So.26 1270 7 v. State 343 So.2¢ 1271 7 Barclay v. State 80.20 1,3,5 Beck v. Alabama 447 US. 625 (980) 9 oy State 359 501 (1981) 9 mee v. State 0.0 1270 7,9,10 Francos v. State 377 So.2d 640 (Fie. 1979) Lockett v. Ohio 437 US. $86 (1978) Mikenas v. State 367 80.20 606 (Fla. 1979) Proffitt v. Florida 428 US. 242 (1976) v. State 383 So.2¢ 680 (1975) Sireci v. State 399 So.2¢ 964 (Fla. 1981) State v. Dizon 283 So.2¢ $83 (1980) v. Zant 631 F. 20 397 (1980) Williams v. State 386 So.2d $83 (1980) Zant v. Stephens US. (1982) ii 10 No. IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 1981 ELWOOD BARCLAY, Petitioner, V. STATE OF FLORIDA Respondent. ON APPEAL FROM THE SUPREME COURT OF FLORIDA PETITION FOR WRIT OF CERTIORARI OPINIONS BELOW The original opinion of the Florida Supreme Court is reported as Barclay v. State, 343 80.20 1266 (Fla. 1977), cert. denied, 439 U.S. 892 (1978). The opinion remanding the case to the trial court for « Gardner hearing is reported as Barclay v. State, 362 So.2¢ 657 (Fla. 1978). The opinion issued by the Florida Supreme Court after resentencing, is not yet reported. See Barclay v. State, 1982). (Appendix the order denying a petition for rehearing is not yet reported. See Barclay v. State, _—_—s $0.2 Cl. 1982). (Appendix J. JURISDICTION The judgment of the Florida Supreme Court was entered June 4, 1961. See Barclay v. State, 8% — Ci. 1982). (Appendix X A timely petition for rehearing was filed, and the Florida Supreme Court entered a judgment April 14, 1962. See Barclay v. State, _—s So.2d — is. 1982). (Appendix ). This petition for certiorari has been filed within the allowable sixty Gays of that date. This Court's jurisdiction is invoked under 28 U.S.C. & 1257(3). 80.20 (Fla. CONSTITUTIONAL PROVERONS AND STATUTES INVOLVED US. Cons. amend VI provides: Excessive bell shal) not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. U.S. Cons, amend XIV povides: Section 1. . . . nor shall any state deprive any person of life, liberty or property without due process of Fla. Stat. Am Section 921.141. STATEMENT OF THE CASE Petitioner, Elwood Barclay, was tried in the Circuit Court of Duval County, Florida, for the murder of Steven Orlando and, on March 3, 1975, the jury returned « verdict of guilty of first degree murder. During the sentencing phase, no additional evidence was presented to the jury as to Barclay; the jury recommended that Barclay be sentenced to life. The trial court received a pre-sentence investigation to aid him in his sentencing Getermination. On April 10, 1975, the trial court rejected the jury's recommendation of life and imposed « sentence of death. Barclay appealed to the Florida Supreme Court; however, Barclays counsel on that appeal did not brief nor argue the propriety of the death sentence; whether the recommendation of life should have been followed; whether the trial court's findings as to certain statutory aggravating circumstances was correct. On March 17, 1977, the Supreme Court of Florida entered its opinion affirming the conviction and death sentence of petitioner. Barclay v. State, 343 8.20 1266 (Fie. 1977), cert. denied, 439 U.S. 892 (1978). The petition for certiorari did not raise the issues of the invalidity of aggravating circumstances found by the trial court or any other issues contained in this petition. On September 7, 1978, the Jerich Supreme Court vacated the death sentence of petitioner and ordered the trial court to hold « hearing as provided in Gardner v. Florida, 430 U.S. 439 (1977). After hearings in the trial court, the trial judge issued a written sentence which contained the court's findings as to statutory aggravating and mitigatng circumstances. The trial court found thet the aggrevating circumstances outweighed the mitigating circumstances; the trial judge rejected the life recommendation and sentenced the petitioner to death. Barclay appealed to the Florida Supreme Court, and on Jume 4, 1981, that court issued its judgment affirming the death penalty, on the basis that nothing hed been presented to relent the information contained in a presentence investigation; the Court adhered to its first opinion. Barclay v. State, So.2d Es (1:98). (Appendix . A timely petition for rehearing was filled, and, on April 14, 1982, the Florida Supreme Court entered its judgmnt denying a rehearing by « three to three vote. Barclay v. State, _—«sSo.2d Ss ie. 1982). (Appendix _). MANNER IN WHICH THE FEDERAL QUESTIONS WERE RAISED BELOW Petitioner took a direct appeal from the trial court challenging the errneous and arbitrary findings of three aggravatng circumstances and one nonstatutory aggravating circumstance. After the affirmance, petitioner filed a petition for rehearing raising the following issues: WHERE A DEATH PENALTY & IMPOSED ON A PLURALITY OF AGGRAVATING CIRCUMSTANCES, OF WHICH THREE SS INVALID DEATH PENALTY SHOULD BESET ASD -A — The Florida Supreme Court denied the petition for a rehearing by « three to In Proffitt v. Florida, 428 U.S. 242 (1976), this Court examined the Flordia death penalty sentencing procedures Fla. Stat. Ann. Sec. 921.141 (upp 1976-1977) - and found the statute to meet the constitutional requirements that Florida death penalties will not be imposed in an arbitrary or capricious manner. This Court placed great reliance on Florida's procedure of appellate review by the Florida Supreme Court to minimize the risk of arbitrary and capricious death sentencings. Although this Court found the death penalty sentencing procedure constitutionally valid, that procedure has been applied in an arbitrary and capricious manner in this case in violation of Petitioner's Fourteenth Amendment Due Process Rights. Section 971.141, Florida Statute Amn. (1976-1977 Supp.) sets forth eight statutory aggreveting circumstances. (a) The capital felony was committed by « convict under sentence of imprisonm ent. os Aggrevating circumstances in Florida must be proved beyond a reasonable doubt. State v. Dizon, 263 So.2¢ 1 (Fla. 1973) cert. denied, 416 U.S. 943 (1974). Again, in the two appellant opinions, the Florida Supreme Court did not find that this was not @ properly found aggrevating circumstance. The trial court found the existence of another erroneous aggravating ciroumstance - the defendant was previously convicted of another capital felony or « felony involving the we of threat or violence to the person. Section 921.141(3X»). The trial court determined: | ) 1 1 i it Hi 11141 There was no proof introduced before the trial court as to the breaking and entering conviction, this information appeared on the pre-sentence investigation. In Williams v. State, 386 So.2¢ 538, (1980), the trial court found that the defendant has previously been convicted of armed robbery and that this established the aggrevating circumstance under section $41.121(3Kb). This information, as the conviction information in this case, was gleaned from « pre-sentence investigation. In Williams v. State, supra, the Florice Supreme Court held thet the finding a» to the section 941.121(3Kb) aggravating circumstance was defective because the state offered no evidence of the conviction in the trial of sentencing phase to prove the pricr convictions. The Court held thet the State must prove every aggrevating cireumstance beyond « reasonable doubt and that the trial judge should not heve considered this circumstance in his sentence based solely on information contained in the pre-sentence investgation. In this case, the Florida Supreme Court, in its two opinions, neither discussed nor found this aggrevating circumstance to be defective. The trial court further found that the defendant created « great risk of death to many persons and that the aggravating circumstance under section 921.141(3) existed. (Appendix 9). The trial court concluded thet Barclay and the other defendants drove around Jacksonville looking for a victim or victims and, therefore, exposed every citizen to a great risk of Geath - on the trial court's theory that every person was « potential () The defendant wis previously convicted of another capital felony or of « felony involving the w threat of violence to the person. (e) At the time the capital felony was committed the defendant also committed another capital felony. (@ The defendant knowingly created « great risk of death to many persons. (e) The capital felony was committed while the defendant was engaged, or was an eccomplice, in the commission of, or an atiempt to commit, or fight after committing or attempting to commit, any robbery, rape, arson, burglary or kidnapping. () The capital felony was committed for the purpose of avoiding or preventin „ lewfw arrest of effecting an escape from custody. (g) The capita! felony was committed for pecuniary gain. th) The capital felony was especially heinous, atrocious, or cruel, manifesting exceptiona! deprevity. Section 971.141 and Florida case law provide thet the trial judge may consider qnly statutory eggreveting circumstances; this was not done in this «use. Section 921.141(4Ma) provides that the fect that the defendant has no significant history of prior criminal ectivity is a mitigating cire. nstance. In its sentencing order, the trial court found that petitioner hed an extensive criminal record and concluded that that fect created an aggrevating circumstance rather thathan e mitigating circumstance (Appendix X This consideration by the trial court was completely erroneous, for the Florida Supreme, in Mikenas v. State, 367 80.0 606 (Fla. 1979), cert. denied, US. (19 ) expressly held that the only aggrevating circumstance thet « trial court may consider is deciding to impose the death penalty are those contained in section 921.141(3). Although this finding is biatantly invelid, in neither appellant decision did the Florida Supreme Court consider thet a nonstatutory eggreveting circumstance had been placed in the weighing process by the trial court. Barclay v. State, supra; Barclay v. State, after the Gardener remand. (Appendix * The trial court found that « statutory aggrevating circumstance existed under section 921.141(3Ma) - the capital felony was committed by e convict under sentence of imprisonment. The trial court acknowledged that petitioner was not under sentence of imprisonment at the time of the commission of the murder; however, the Court found that the criminal record of petitioner was an aggravating circumstance. (Appendix * vietim. The trial court further found that tapes which were sent to the television stations were an open call for racial war and revolution therefore, if the call for revolution had been successful, countless numbers would have died - it “boggles the mind”. The evidence in this case shows thet one person - Steven Orlando - was killed. If the trial judge's reasoning is followed, every time e robber goes out to rob „ convenience store or gas station, the robber is creating e great risk of death to many persons simply because every convenience store employee or every gas station employee in the ares could be the potential victim. The construction placed upon this aggraveting circumstance was not intended vy the legislature and has not been given that construction in other cases by the Florids Supreme Court. In Kampff_v. State, 371 So.24 1007 (Pia. 1979), this court reversed e death sentence to Ufe where there was d recommendation of death by the jury. The wis court found that the fect five shots were fired at the victim while two other employees were near in e bakery and other employees were ir the building near e heavily treveled intersection crested e greet risk of death to many persons. The court found thet the trial court hed erred in making the finding thet the defendant hed created d great risk of death of many persom. The Florida Supreme Court Nel When the legisieture chose the words with which to establish this aggreveating circumstances, it indicated clearly thet more was contemplated than e showing of some degree of risk of bodily harm to « few persons. “Great risk" means not @ mere possibility but a likelihood of high probebility. yd - gh of death created by the capital felon's must be to “many” persons. By using the word “many”, the legislature indicated thet « great risk of death to a smell number of people would not estabi was age 27 at he ume, wee “er ee Ate LAY 6 MPAPR Of thi i ' 0 it i 4 1 11 in the crime and Vere wr wet Semina, «4 age difference. Wests F5.\ i 1 | 1 Wen D. „ Be. of Jacke 4 Miche, Jachounvilin, for ayyn are Meet l. Wee Atty fm, aeet We! the Cen Court of Duws! County. jude- ments of guilty of murder in the firs de- gree and center: of death We have jur- iediction pursuant to Article V, Serine MAI Pleride Consiniutor Appellants were incete! for oe Foret he gree munier of Soyer Aniinny Cet . wore fund guilty by = jury abe after judge charecterited as 8 rendum. en ats murder are as fu lows Ann facts as brows! ow! © the wel and by the evidence «ore thet the four defendants were »orl of & group that termed itecif Ue “BLACK LIB? “A- - "Warning Ww the oppressive siste Neo ‘onger ©! your etrecitees and brv- talnong of black poeple be uapunw-! Tre beck man @ no longer asleep The reveivtion has begun and the op prvened wil tx vetorous The revolu- tee will end when we are free. The Bleck Revo! vuenrary Army. All power to Une prope | “Early tne following morning the dead bedy of Stephen Anthony Oriendo was 1. bn sere * ' ‘ ore Ae expert compares’ the death aule # it" other haadwrung of Lewgar am! tert fled that they were both eritren hy th au Hitt | HE it i eite fi f f f dered, by ne means He we erin « enecuied . rr “Americans,” just ee ee three he tand of one C. you know, like „ Ku Kies Kian You know white pew. you can't do right, your nature & ev! Bet you gonns my snyee, wl lack mas freedum must be gulicn fe matier whet it tahes We can't depo’ on you for our freedom Wy red that You freed » wit) put ole Ale He gave us the Emancyator Srna mation, That was the first time &e were free Then ee dream. « Ue loager, suffered a whule let more, wh! decided “I'm gunna free th ~ agus Then you gave we ie Civil Rights Bit! ‘flow many Limes you have te free & poopie before Ue» are free? You know, the, ence you fread ws, twice you freud we The third 263 SOU TYRMN SPURTE, af SIS w that of @ white man due te the fect nat pow have a stz-ounce bran and the bleach man has» seven-and-e-half ounce brain N ~The reason Stephen was valy shot twee on Uhe hood was Lecnuee we Rad 8 we pistol. ft only chet tone and then * james’. you can it must have an made oo Amerce teceuee wan't eer a od 4 — by arguncnt egainet che findings previously qugqeetion that we abrogate the “law of the ones’. fee Qousen ‘, „ dan Be. 47-260 (Fie. n % 901). ‘The dictates of Gardner * n 420 0-9. 200 . 2.22887 . — Supreme Court ol Florida WEDNESDAY, APRIL 14, 1982 moo CLARK BARCLAY, . Appellant, — CASE 0. 7, 26% . 0 Circuit Court Mo: 74-4139-CF — 0 (Duval) STATE OF FLORIDA, : Appellee. * eo e#eeee#s# % % * There not being four (4) votes to rehear, the Motion for Rehearing filed in the above case is hereby denied. ADKINS, Acting C.J., BOYD and ALDERMAN, JJ., would — rehearing OVERTON, McDONALD and EHRLICH, JJ., would grant rehearing ’ — A True Copy tc cc: Son. 8. Morgan Slaughter, Clerk TEST: ion. R. Hudson Olliff, Judge 3 Wallace k. Allbritton, Esquire . Kenneth Vickers, fey * — Or “*s * * * > INDEX 1. SUMMARY OF PROCEEDINGS - from date of crime to date . &. SENTENCE TECINIQUE t 3. cours OF JUDG: 4. OUTLINE OF THE KSSENTIAL FACIS 5. EXPLANATION 6. MITIGATION LLL U).Nis 7. AGGRAVATING EH s. COSNIENT 9. CONCLUSION OF COUT 10. AUTHORITY ron SENTENCE 11. CONTENTS OF NOTE STUCK TO VICri‘l'S BODY 42. CONTENTS OF TAPES SENT TO DIA AND VICTIN's NOTHER 1 13. Ser Pages Page Pages Pages Pace Pages Pages Page Page Page Page Pages Pages Page 2-5 7-9 10-14 16-22 32 35 SUUIAKY OF _PROCHELDINGS Tat because there bas been a lapre of approximately five years since I originally imposed sentence upon this defendant - it “may be woll to suwmarixe the facts from indictment to the date „ bervof - fur the benefit of review by the Florida Supre Court. 1. On Septouder 26, 1974, the defcadasts, EIN OO CLARE BARCLAY, JACOB JOUN DOUGAN, DEYKE CRITTENDON and BRAD W. EVANS, wore indicted for murder in the first degree, as fullows: "IN THE CIRCUIT COURT OF THE rourri JUVICIAL CIRCUIT OF THE STATc O! FLORIDA, IN AND FOR DUVAL COUNTY, SPRING TERM, ONE THOUSAND NINE ako dD AND SEViNTY-TOUR STATI OF FLORTL. INDICT'ENT FOR va. MURDER IN THE FIRST Diserit JACOKR JOUN POUGAN, IX.. ELWOOP CLARK BARCLAY, 74-4139 DWYNt CRIITINDON and a GRAD @. LVANS IN TIE Want OF AND BY Tilt AUTHORITY CF Tite STATE OF FLORIDA: The Gand Jurors of Lis State of Floaida and County of Duval, emparcte! and swo wm fo dnquire 5 . and tut pacsentwsant wake 4½ aud gor the body of . : the County 7 Duval, upon theda caths, de present and charge that JACOG Je DOUGAN, IR., ELWOOD CLARK BARCLAY, af CRITTENDON and BRAD W. EVANS, on the 17th day of June, one Thousand Nine Hundred ae Seveuty-Feur, da the County of Duval and the ounty of 54. Johas, State of Floaida, unlawfully and {20m a premeditated desigu to effect the death of Steven Anthony Orlando, did kill the said Steven . > Anthony Oalaudo, by shouting him to death with a Se . * contaary te the provision of Section 782.04, : tend da Statutcs." ene 0 1 2. On March 8, 1975, the defendants, Barclay, Dougan, Crittendon 4 and Evans were convicted by Jury, as follows: — Barclay - guilty of murder in the first dre Dougan - guilty of murder in the net degree Crittenden - guilty of murder in tha scceeud cepgree Evaus - guilty of murder in the seccond deyrev The jury in its rdvisory Sentence - recommended life imprisonment for Barcley by a vote of seven to five. The jury in its advisory seniconce - recommended death for dofendint Dougan by a vote of ten to tro. That the defendants Crittenden and Evans were sentenced by this Court to one hungen! and ninety-nine years in the Florida State Prison in cas + 74-1139. The defendonts, Crittendon and Evans #lse pleaded guilty in case 71-4140 and were sentence’ by this Court for that case also. That subsequently the conviction and sentence of Crittendon was affirmed. (Sec 388 80. 2d 1088.) Evans did not pursue appeal. On April 10. 1975, this Court sentenced both Barclay and Dougan to death. — „ 2 On March 17, 1977, the Florida Supreme Court affirmed the conviction and scntence of both Barclay and Dougan. (See 343 80. 2d 1266.) On September 7, 1978, the Florida Supreme Court vacated the death sentences and ordered this Court to hold a ‘hoaring (us provided in Garduer v. Vlorids, 439 U.S. 349) at shich the defendants would have an opportunity te rebut any inforwation contained in the presentunce invesiigation report - including wy confidential or other parts thercof. . (See 362 80. 2d 657.) § 8. On October 30, 1978, the United States Supreme Court dented 9 certiorari te defendants harc lan and ubau. (See 99 Supreme Court Reporter 219.) 10. That after the case was reminded to this Judge in September of 1978, Mr. Ernest Jackson, altorney for both deferdants, Barclay and Dougan, vas granted a nusber eof continuauces due to his terminal i) Iness - and eventually he withdrew from repre atation of defondan.s. 11. This Court then appointed private atlerncy cr. hen Vickers to represent relay and Me. Rondelyh Fallia to rep.csent Dougan. Thet both Ur. Vickers oud ‘tr. Fallin are skilled attorneys with wide crapericuce in cepital cases. ‘that several continusances were created deiendants while ‘ir. Pallin and Mr. Vickers represented thom, 12. That eventually the defendaat Nwgan dismissed his Court appointed attorney, Randetp) Yallin, and retained tie . services of Joseph kursey of the Team Defense Project, Inc., * of Atlanta, Georgia. That such late entry of Ur. kurse 7 : caysed additional delay as tv both defendants. - 13. Subsequently both the defendants, Barclay and Dougan, filed * motions to sever their cases one from the other. Such motions ‘ were granted and each responded to the presentence invest 16 tion report in separate procueding= on different dates. > Bubucquently the defewdant Deusen was resentenced and this Court now sentvnces dc fendant Barclay. . * * or 4 rt - N 5 : sn . 2 — — — = E i ” 2 —— NELNCE TECUNLOUL In the sentence of April 10, 1975, this Court ventenced both the dofendauts, Marcla: and Dougeu, in one written Beutecace. During the Cui dat relic! procemtiags, both a lend int wade motion for - and were granted - a severance so that their responses to VS! and seuteaces vould be Separate and „part from one another. That, according?y, this Court Los senateuced cach nepor ly. However, because both vere invotseu in and qvovicted of the same crime and their participstion ves Co entwined - one with the other that a therovg) and cor lete seutence could not be imposed on either withoul por folic reference to the other. CO NTS UF JUNG), This present cree is one of the rarest typos of crines to com before thix Court or un: Court. The facts at trial proved that e* was a PREMEDITATID - RACIAL. - HAVRED MURDEK., The hates victim was chosen at rande., wtalked and brutally wurderced ONLY 6 because he was defenseless and because he was of — . — @ raciul group than his murderers. After the crime, tapes were mace by the wurderors wherein they described the killing snd the wrony of the victim. These boasi- ful tapes were cruelly wailed to the mother of the murdered boy and to luca) 1 v. and rediv stations - bragging of the murder and aungunc int tet it was the etart of a revolution and promtsed further violence. One part of the tapes said “White people pre- pare yourself to dio". It was a call for, and on atten >t to Start un racin! war. Such ravings could only be from a depecaved hovicidal mond. Similar sentiments vere violently uttered on another continent in our own recent history. During torld Var II, I was among some of the firsi American Combat Parachulty Infantry Soldiers to enter Nazi German;, and 1 was present at the liberation of several slave labor and concentration camps. Particularly, the concen- 5 a 4 tration camps made a vivid and looting impression upon we. I * 8 sew human corpse, stacked ihe cord wood - to be buried or burned in thg.ewens. , Those people bad been wurdored in various ways, by sturvation, torture, gassing or they were shot. They were murdered because o they were all guilty of the sare crime - they were different from those people who surdered thom. They were either of a difforeut race, culture, religion or pelitiont be ‘tel, That was their only crim: - they sere Mffercat. Surely we must have learned some lasting Iesnon from the! tragic holocaust. The law does not reyguire that we Dike each other - nor in it IIIa to have prejudices - but it is un len tt (0, d0 injur to another person b. an of thet hate and prejudice. This type of random, racial - hate purder, in almost im sstble to believe. A n e huat ant kill for food and, in time of war, men kill in well defense thors whe would hill them. Dut, to premeditatedly pach a victim at random - a persen not coven kavove to his murderers and whe was cen for death only beceue he was guilty of being of « different race ~ is helaovws, atro. ious, crue) and an un tte he cvime. The crime titelt was horrible, but the attempt to incite raci:.!) war and « mass bloodletting - compounded the heinous quality of the murder. Be do not have to like cach other - but we must rompect th rights of others avd te aust elther live together - or surely we will dic together. Jacksonville and, indeed, the nation has made great progress in race relations and undersiandiag over the last few yeors. But you, ho have committed this racie! - hatred murder, have done . more to disrupt those good relations and progress than any other one factor in recent tim. — 5 You have dune a gross disservice to both the black and white citizens of this City. You have given fuel to those who want d to think the worst of the people of your race - and you have caused consteraation and disgust umonzst both blacks aud whitos ot good will who are most anxtovs to help us achieve a society of equality. Until your arrest - terror stalked the streets of this City - and it was only duc to the f, «d will of both our black and ‘ white citizens that order prevailed and further violence and retaliatory acts fore nel coevi Licd. nothing good hes, or ever will, co from the wurdet of Stephen * Anthony Orlando, but the tragic sloughtes of this eightcen year old youth can be vad #* ar cxaeple of the monumental stupidity of racial - hatred aurder. OUTHANK_OF TH ESSENTIAL FACTS The essential facts as browght cut in the trial and by the evidence were that the four defencants wore part of a group ust termed iteelf tho “WLACK LIBERATION AY" (BLA) and whose . apparent sole purpose wus to indiscriminately kill white persons ° aed to start a revolution and a racial war. The tostiwony shows that on the evening of June 17, 1974, Barclay, Dougan, Crittends, Evans sad Hearn set out in a car armed with a twenty-two caliber pistol and » knife with the intent to kill a “devil” the devil being any white person that they came upon under such advents«ous circumstances that they could murder bin, ber or then. That as they drove sround the City of Jacksonville they made several stops ond observed a nucver of white personas ay possible victia:, but d-cided that the cirewmestances vere not rdvountageous and that they mipht be observed or thwarted tu their evil purpose by possible witnesses. At one setup, Dougan wrote a note - which was to be placed on the body of the victin ultimately chosen for death. Bventually the five men beaded for Jacksonville Beach where they — picked up « hitchhiker, ciphicen pear old Stephen Anthony Orlando. *. 4 inet bis will and over his protest they drove ated 1 trash dump, ordered him out of the car, threw bim down and Barclay homicidal blow by repeatedly stabbing hin with a : keife. Dougan then put bie foot on Orlando's head and shot him : twice ones in the cheek and once in the ear. Crittendon and 8 Evans played a lesser dogree in the murder and were thus convicted 8 of Arder in the second degree. The evidence showed that son of the defendants knew or had ever secn Or lande befere they murdercd hin, The note, which 0 Dougan bad previously written, ven stuck te Orlando's budy by the knife of the surdervwrs. The note read: “Waaning to the eppressive state. We fonger will — etrocitics and bia fatizive ef black peepte be unpunished. The bLact wan 46 we Longer asleep. The acvotution hes bryan and the oppressed will be viederiows. The acveltution will eud when we are gree. The Glack Revoluticunary Away. Al poss to the peepte.” Barly the following mornin, the doad body of Stephen Anthony Orlando was discovered. Pulicw were called to the scene and the knife aud note were preserved for evidence and photos were taken of the dead body ond surrounding aren. Subsequent to the murtes - the de tcadmts, barclay and Dougan, by their own admission, and sup, orted by the testimony of state's witnesses, ence a number Of tape recerdings concerning the murder. These recordings were wailed te the wother of Stephes Authony Orlacdo and to radio nud television etations. Al) of the tapes costained much the same in content and intent. The following two pages are cxcerpts of several tapes which were typical of all - as follows: — * "Stephen A. Oxtenty was not murdered, ne means. We was pivee 8 Ese triat, a e samc 1 al ta ai gen gave black 3 Ghose sane black Xr eceupy 15 cent of the Ameadcan pepula- tion aud 75 per ceat of the American prison tion. We was fried and found guilty and was cxecufed...” — von want to know hew to spelt „Ae ende, just spelt it with three K's q Instead of one c, you tucw, Lite in Ku Klux Klan. You Las white peopte, you can't do aight; your ratare 46 evit. But u gonna pay anyway se that black man's (recom ud t be gotten we wmatten wiat 44 bes. We can't depend cx you for our freedom. We tried that once. Yeu prose us with geod ofc Abe. die gave us the Emancipation Prockasation. That was the ft time we were (rec. Then we dacamed a Litile engen, 4 gered a whole Lot more, until you decided ‘I'm gonna free those 22. again’. Then you gave us the Civil Rights Bill. Wow mrny times do you have 4% face a peeple before they are free? Vou tnow, Lite, ounce you frecd us, fedice ven greed as. The tainrd tame you = free us for goed, just wipe us out Like you're faying to do our ace as 42 is, pusting genoedce e on black momen, ftaying to eliminate eur Lace, pushing these jive pitts off en thee. Vou don“ 74 thed off dnto ven orbau whdte, dly white neighbortwods..." “ary Aun Seitery (Oriaude’s mothers), don’t feet % bad. Vou hewea’d Cost 4 b0n; ou got a lee. Vout sou will ge down dn Tack histony. Me ct be cushained when black people get thcit geen. "You tate advantage of us. Vou comets as Au out black abettes, then en we acbel, ther vou cowe du with your fants aud your Katicual Cus.ds and gou spray bea people with aff that fear gas and you just face advantage ef black peeptc...” bea tired, wife mau. Ge'ae nee being as tet, pushed around, told what te dv av! thea having to send our bids fo school with * aud gour funky white 2.7 these things, those etringy-haized things wou catl gour kids...” ewe 54 é ae * : 1 . 9 "You ce, Ven white Jevil, our minds ane jar superdes de that ef @ white man due fo the fact that gen have a ain-ounce baaiu and the bene wan bas a sever-and-a- hal{ ounce brain...” "The acaseo. Stephen e endy shot twice dn the head was because we had a gre pas tet. If ent sict detee and then t jamacd; you can tell ii must have been made du America because d asd“ t weath a hit. We wes s ahbe dv the back, dn the chest and the stomach, ah, it was beautigal. You shoutd have seen if. Au, 1 eujoyed every minute ef 4¢. 1 Coved watching the bleed gush grow his eyes...” "He dicd dn style, though, begains, begginy aud pleading for werey, gust as black poapee did whea you tec. fhm aud hung them to the traces, burucd thein houses down, thrice bowbs du the some chureh that practices the sace aeliqion that you feaced on these peoplc, wy peepte...” "We sic evetyehere; von cannet hide from wt. Vou have tod your peeple te get off the atecets cud fe stay ewe « That wilt net help, ger cre aight they wilt come how end we witi be there waiting. It has been said, teeth fer ud ao! you cannot eee us; Listen for as A you causot hear us; feel for ws and you cane! tout“ us. These ere the characteristics of en urban guerilla.” All of the tapes ended with the words "Signed, Your Black Liberation Aimy”. William Nourn, owe of the five peravns present at the murder of Orland», testified that he «elinenwd the wurder aut told of the porticipytion of Barcley, Dougan, Lans and Crittendon - and ho, together with witnheww-. June Mattison, Madre Diack and ot in Beas, Ir. slated that they were prescat When the boastful tapes vere made and thoy identified the voteos of Bayelay and Dougan then the tapes were played te the jury. 1a defenre, Davelay ad ted naling the tapes for political reasons but denied any participation in the murder. Dougan 4180 denied the murder and the death note - but admitted he made the tape: based on newspayor accounts of the erine. He said that the argen of the tapes was to dramatize the plight of black people. Lach defendant had alihbis as tu his whereabouts at the time of the murder, but the jury found thew all guilty of murder. The jucy found both Dane lay . d Dougan guilty of murder in the first degree and in ite advisery sentence the jury recureeaded death for Dougan by a vote of ten to two, In its advisory sentence the jury recaunended life imprisonment for Darclay by a seven to five vote. That thereafter this Court dented motions for a sew trial and adjudged each guilty of surder in the firet degree. 3 ＋ 1 ee 3 „ 89 A, Ae EXPLAKATIVS Before imposing the sentence for under in the First Degree, this Judge has cousivered those matters brought out by the Gefendaut, Ur. barely, in bis responses to the PSI. The Court hax also closely examined and written its findings as to each of the clewents of gi vat lon end/or mitigation which are set forth in the Plorida Statutes and which were guidelines for the jury in considering its advisery senterces. The Court ban ieee the facts us brought out in the trial, in the preseutenes ropeoris, fe defendant's respoase tu the pro- Sentence report and Ln, apyliod them to cach clement of aggra- vation and witigation there wo, licable. The clowents of Agyravaiion aad “itigation have been summarized below in reverse order. SUWIALIZATION OF MITIGATION a r — —— — A. WHETUFR murder MAD NO SIGNIFICANT HISVOKY OF é. PRIOK CRIMINAL ACTIVITY FACT: “te The defondant, Barclay, has an extensive criminal record of seven prior arrests. It shows that he hu’ previously been on probation for the crime of uttering a forgery, and that subsequently that proba- tion wax revoked and he was sentenced to uw terw of six months County Jail. It also Ge, e that he had previously been on five yoars probation for the crime of Drea.ing 4 and Entering and Crand Larceny. There are u tic a numbor of misde.caner crimes charged. (See 181) CONCLUSION: There is an acgrevniing, rather than a mitigating (ire e defendant — Barclay because of his extensive record showing at least one prior felony conviction and one prior felowy probation. — 3 B. YHETHER THE KURDER YAS COWJITTED WHILE DEPENDANT vas UNDER THE INFLUENCE OF FEXTREYE MENTAL OR EMOTIONAL DISTURBANCE 2. That Barclay raised no defense of insanity er emotional instability. Ue had an alibi : . © © Se * . for the time of the erte and proclaimed his innecence. Nor was there any evidence : e from the PS) that he .uffered emotional dis- turbances in the past or at the time of trial. In the proceedings for response to the PS! there was no evidenc« or testimony that he was under the influcnce of extreme mental or emotional disturbance at the time of the murder. CONCHAIS | ON: There in no mitigating circusstaace under this paragraph because here ts no evidence of extrem teatal or emotional disturbance in the past, at the tim of the murder - or at the time of tria!. c. YSHETHER Tih? VICVIU LAS A PALTICIPANT IN THE CONUVCCT OF THE DEY EADVGT OF GUNS, ATED TO THE ACi FACT: The dufendant Rarcley, tonether with Dougan, Crittendun and Evans, bad previously decided upon « course of howicide and were Looking for a victia when th spotted Stephen Anthony Orlando and offered hie a ride. _ There was — evidence and testirwny that the victim ur ed they take him to a house - so that he could get out and away from his abductors. Instead, be was taken to a trash dump and there the un- armed youth was ordered out of the car - knocked to the ground stabbed repeatedly by Barclay and shot by Dougan. CONCIA'S1 0%: There is no witigatiast cireumstence under this paragraph became the defendont Rarclay and the others inteadsd to kill Orlando at the tim: he got inte the car. Orlando could not, and woul? not, in nz way, consent to his own wurder, and in fact, begged for mercy - all in vain. CHETHER DEFEXDANT CAS AN ACCOMPLICE IK THE NURDER Comrie» BY ANOTHER PERSON, AXD THE DEFENDANT'S PARTICIPATION CAS RELAT/VELY Aion FACT: The participation by Crittendoa and Evans wax lesser in dg e and they have been ad- judged guilty of wurder in the second degree and cach sentenced to 199 years imprisonment. FACT: Both Barclay aud Doucan vere the major and primary participants in the murder. The evideace shows that the homicidal assault was initiated by Parcluy who threw the victim to the ground and repentedly stabbed him in the chest with e kite - as Orlando pleaded — gor his life. men Dougan rendered the Loup De Grace by shooting the victim twice in the head. 4 A close attention to Barclay's boastful remarks on the tapes will lead any listener to conclude that he was a major participant and proud of that participation. nad Pou,an been the only major ,§ > Participant - then perhaps Orlendo, who was Struga ling fer hin tife, might have been able . to escape. Put Barctsy and Dougan acting in concert overpewere)], stabbed and shot their 4 comaun prey. ‘ . = , eo. 4 bs ; 7 * 2 The evidence showed that Barclay struck the first bos. cidal bien of the murder by repeatedly Stabbing the victim. Dougan was the originator of the plan and twice shot the helpless captive after Barclay put the hilling in motion — but it wes the two of thew acting in concert - who were the primary culprits. Crittenden and Evans were lew.er participants - which fact was recognixed by the jury finding Ponyan and Darclay guilt) of mur d in the firet degree und the others guilty of See cond depres eure sa. There is wo witigating cirewnstance under this paragraph as to Darcluy - who initiated the bomicidal frenzy and was a major participant in the murder while acting in concert with Dougan. ats * E. @@METHER DEFENDANT ACTED UNDER EXTREME DURESS- OF _UMDER THE SUBSTANTIAL DOAINATION OF ANOTHER PERSON 1 22 ner, at any time, in any way, was it shown that aay of the defendunts acted under duress 22 of any kind. The defondwt, Barclay, had a criminal recerd of sevew arrests - showing a felony conviction, a misdencanur conviction and u felony prebativn.. Me in, or was, 4 married wan with soyoral childrea. ne had gone through senior hich school aad was of average, or ebove, intelligence. It Was not contended by Barclay that he was under sub- stantial dowination of Dougan oF any other per- Had such dominance been apparent, then perhaps the Jury would have found Barcluy guilty of » crime le-s than first degree murder. PACT: That in the respons. to the presentence report the defense wttorney adduced testimony from the Jexd investigating officer in the murder and that offices bed here tax as Beco’ in coscaand of the members of th: Diack Liberation Army. He stated that in his eoinion both Barclay aad Dougan exericd influcnce over the other members of the gang. He further stated on cross examination by the State Attoracy that Darclay had leadership traits, was intellicent, acted of his own free will and was not under the dumination of anyone at the time of the murder. FACT: 7 That neither Barclay or Dougan were under the substantial domination of the other as they com- mitted the dastardly murder - and each vyed to outdo the othor in homicidal ferocity. 1 . CONCLUS 108; —— 2 There is no witisatin: circumstance. as to the Gefendant under this paragraph. r. WHETHERK Tih CAPACITY OF THE DOTENDANT TO APPRECIATE i THE CRIINALIVY OF HIS CONDUCT on TO CONTOR! MIS 2 CONDUCT TO THE returns OF LAY CAS SUBSTANTIALLY Iain FACT: The defendant Barclsy had boen through the criminal justice system and was a« convicted felon. Ue well understood the criminality of his conduct. Ire Vas no er any suggestion or clain of insanity or any hing, by any evidence - at trial or in resporse to the PSI - that Barclay did not appreciate the criminality of his acts or that he could net conform his conduct to the requirements of the law. The 7 evidence showed that upon setting out on a > homicidal course thal there was ample oppor- re o% tunity for Barclay to withdrew from the plot, re but be aad the others calculatedly and pre- | " geeemeoditatedly stalked their victim and pro@uced 1 , his death - knowing the full consequences ° * There is no cvidence or tostimony in trial, im response to PSI or at any other place that _— ever suggests thal Barclay fas incapable of apyrectatiog the criminality of his act® or conforming his conduct te the requirements of the luw. 1. CONCLA'S TON: N There is no ritigvtin, cirewmetance under this par reh a to Ears lay G. un AGH OF rr er AT md OF THE CRIAL PACT: The dvicadaut Barclay was twenty tiree years of aye, had fintehed center high cvchool, had married in 1969, fathered five children and he and his wife were barten at the time o! tie crime. Acceur@iay to the PS! hv had sub- sequentiy fathered another child by another woman, and had worked, not tov successfully, | at various fobs. o was a mature male, in good health, standias five feet ten inches tall and wei,hing oo huad. od and sixty pounds. Hoe also had some expertise in karate. He was : five yoars older and larger than his eighcieen fe “$ . year old victiw. ! * 1 g or CONCLUS 108: a . There is no witicatin« circumstance as to defendant under this paragraph. ae ET eS Oe Se 1 * = > * — ~ SUMMARTZATION OF AGGRAVATING — A. HETHER THE DEF) SVANT LAS Nun SENTENCE or IMPRISONMENT GUN ME COSUTTTLD TH) unn or SHICH NE nas Ex CONVICTTD PACT: . The defendant, Raurcluy, Was not under sentence of imprison ent at the tine of the cents on of this murder. His rnp wheet shows seven prior arrests and he had previously been convicted of a felwny and bad been on felony probation. CONCHUSTON: Althouch not imprisun-J, the criminal record of Barclay ts an egycuvatiag circumstance. B. CHEYNEK TUK DEFENDANT 140 VEEVIOUSLY DEEN ConvicreD OF ANOVMER CAPITAL FELONY On OF A FRLOKY IXVOLV ING TNE USE OX THREAT OF VIOLENCE TO THE PERSON FACT: ? The defendant, Burclay, was proviously convicted . * -* of breakiog and entering with intent to commit : 4 * gue the felony of grand larceny. It is sot known if such prior fcloiy involved the use or threat of violence in the crime. However, auch crime can N As and often does involve violence or threat of violeace - if thore is # person in the building broken into. CONCLEIO’: This is wore of an ayytravating than a nogative cirewnstance. CHETHEK, IN CONUTIING Tun AWRDER or Flic HE MAS RAI. co wien, THE Dt) OWT LN INGLY CHLATED A GREAT nis OF lam TO “ANY PLESONS FACT: Toe testimony aad evidence chewed that Barclay and the other defendants drove sroved various areas of the City looLing for a victim or victims - thus potentially Nl ien unebers of poople to a great risk of death. Ov at ler t twee oecasions the detondants pred their car - and cued areas where they hal choveu poten viel victims - but were thwarted by the circusesiou of any fclony. J. Inflict bedily bare upon or terrorize the victia or another person.” . ; The facts of this wurder were that the G. tendanta picked up the hitehhikiag j victim with iptent to murder him, They refused to tele him io the place requested ¢ and by teres and/or tireats kept him in their car until they found an appropriate 4 Place for the murder. Tae viciim was then romoeved Irae the car - bruielised and nur dered. ach essential clement of kiduapping won certainly proseet in this case. COUNCILS 10%: There in an aggravating circumstance as to the defendant under this par» graph. BE. tutte Tae huevo OF len Tih De PENDANT HAS be CONVICT.) CAS COMMITTED bo. THE PURPOSE OF AVOID LAG on PREVENTING A LAVFUL ARREST Oi BPFLCTING AN ESCAP: FMO CUSTODY CONCINSIO: This paragraph does nul «vem to apply to the present case. „ „ũ„. WHETHER THE MURDER OF wl, DEPENDANT MAS DEEN CONVICTED GAS court FOR PECUNIARY GAIN 2. CONCLUSION : 2 This paragraph does not seem to apply to the present case. CI YAR MUIR OF enten TUR DEYENDANT WAS BEEN CoAVICTED SAS (tren TO DISRUPT OR BINDER THR LASPUL uncl, OF AXY GOVERR- MENTAL UNO, OL TH. PPORCRIENT OF THE LAGS FACT: Wore thou any other factor, this paragraph together with the ractal hatred murder - aeons to have been one of the primary nolives for the murder. The stalking of an innocent victia und slauchteriog him only because he was ul « different race than his murderers ead thew using 3 kuife to stick a note his busty - which reed: "warning to the cpp resadve state. Ko enge will wour atweltces end ben fact 4g of backt peepic be un- prnidhed. The black wan 48 ve kenge “ asfecp. We wai desivey oar chewy theraciv’. gou wns dic. The aevelation has begun aud te epprsased will be victoriovs. The acvotutdon will end when we are grec.” This. was a call to ,evolution. The tapes male by Barclay and the others nad sent to the me.lia was d further and were toten call for a rece war and for rovolut on Typical excerpts of the tapes are a follows on the next two pages. —— — —— — — — * n rare "Te the eppiestive State: This ds disected te excws Mary Ann (tg. tt. t. 4. e (the wietin's wether avd fatect) and etpeciatiy pia Garret. N 4e. A. Ostande ts net 1e % he was eacented aad mad. fe pew [.° the political cas thal save bees pete tente wpon bisct pee ie. Re douges tt nenne 30 ao panishe’d. A neve- „tien has bogie aud yeu are the Cucny. "You lite tacit Awsideens, because geurt wnatace is Uet ef « white devil You can ver. Co tight. Se dhe black man's £ivedew Cop uds auen gout de- beat ot woms @octh. The sevetadiden wiki cu! eaty eee goa ate Coad 04 Whee black poopie ate gree. "Harry Aus Mallory, ben should be proed at you seu, Stephen, was the f4as? te cre for our black cause. Hany weste wile jello 4 1 1 er we ade fee. Iten that pig Garrett did wet tnt te publicize the eva dewts of the evccutionw nets found ou Steps dea body, bue „ tuows fhat revetut@des (5 vety setdens. We Send . talen fee rev ke ters a4het be end pects (ite hie will have 4% pay fer % eines. Blach poopie have giver es nee de easel we ate doing becants rou wlll net Listen te wothing (del efse but that wheel. Comes fren dae bactel ef @ gue. “the ease Steen was culy shet tedce du the het was because the gun feed. te wis stabbed de the ack, chest an! ae stemaca te u- botize the 4232 wears of hangings cat tiefes, brutatitics and rapings of wy black poopie. de begard, ob yes, he begged for meren as did my people wher vou Ade ted them, and we gave hin ne merey, that’s right, no mercy, gor cverty time 1 puiied frigget, every fia? 1 saw the kndge go anside kis body, satisfaction came ante me because ! Lace, T tre, that the people who died because 4 him, because of Lis avcestors and because of you werc now being zepaid. ere , white tacdst Aeta, this contd dete te you alse as te at Elec. „ente aie oppressed. Ve cs bac peer are ne Longe began neee, Lucu we ieee fake what 48 ents, thes 4s adghtly ours. We cer €f se oe Should have At. Tue Biae’ Iten ation AA wait destacy you, Thew witl destroy everything taat stan'’s fu the way of the black man's g eden, Te ale wy biact peepee, black wertiets hove emerged en the secene te ther gee te the way te gree- dow aad ing destruction ef our chen. the white moe. White pepe, prepare „unser, te dic. tach gout back éberutivn Away.” Nut: The WA rc ane) deten of Barctoy aad the Other defendants: were, in 11 weys, a call to disrupt d hinder the lawful exercise of goveramental funciions aad the cnforcerent of ths laws. It was „ 11 to deetroy our goverpment and its less by violent racial Fevolution. CON 14 SON: This in an cunravatiag cirecwastunce, CUrThs": THE une OF LU.CH D. FiNUANT BAS BEEN CONVICT. SAS PGPLCIAUL) HINO Ss, ATROCIOUS OR Cho. PACT The d fend, Maveleys, together with the Other d- end ente, prerm-ditstedly and deltb- erately Stalled thelr victin and brutally murdsced hi: t* the victin’s only crime vas thet he was of a Gifferent recial grovp than his murderers. He in no wey ofionded them -~ except by being white - nor did he cen know thes before that fatal evenin. The victim, Stephen Anthuny Orlando, was knocked to the ground snd repeatedly stabbed by Barclay as he writhed in pain begging for mercy. Then Dougan shot him twice in the head at close range. 99 E ye In addition to aw unprovoked, premeditated murder it was a declaration of var against a racial mop - rith the promise of more Violence, doeuth and revolution te cone. Such acts of Mareloy und the other defondants were Of the besext, most callous hoalcidal type and shrick out for the severest punish- mont and the termination of the existence of the morpetrecor. COSCLUS ION: That the murder of which the defendant Barclay was comvicted was expecially heinous, atroctous and crue). Inet the defoadant Barclay did not present any matters in his respon.es to the PS] which miti- gated the beinous, atroctous aud crue] nature of this crime. That the passage of cyoruximately five yeurs from the date of thi: murder until the date of this sentence - hes not diminished the — nature of this crim. Stephen Anthony Orlando was murdered and the facts of the crime and the — 4 call for bloodshed and revolution are the same. DI CURCHI HON OF TYE COUT TUERE ARC SUFFICIENT ANY GREAT ar CIRCUMSTAZCLS a _ WHICH EAIST TO JUSTIFY DE Se en OF DEW AS TO TH: DEFENDANT ELWOOD CLAYK Hii2CLAY. That under Florida Law the dude sentences a defendant, Convicted of Murder in the First Degree, either to death or life iupriseuesnt. This in „% avesome burden to be placed upon the Judge - but in the landet Florida case of State vy. Diwen, 283 So. 2d 1, the Pleridsa Supreme Court Said that when such discretion can “ve Sv to be reasonable and controlled, rather than capricious and discriminant ..cy% then it meots the test of Furs: „ Gooegin, 408 U. 8. 258. * My twenty-cight von r. o legal experience have been almost exclusively in tha field of Criwins! Law, 1 have been oa defense attoracy in criminal exces, an Advisor to the Public Defender s Office, a prosecutor for cight and one-half years „ and a Criwinal court wad Cirevit Court Judge - Felony Division - . for almost ten yvars. During these twenty-eight yoars I have GefcuGed, prosecuted and held tyre in almost every type of serious crim. Because of thin cxtensive experience, I belicve I bave cone to know and wadersatand “when, or when not, „ crime is heinous, atrocious and cruel and deserving of the maximum possible sentence. Uy expericnce vith the sordid, tragic and violent side of life hes not been confined to the Courtroom. I, like 80 mans American Combet Infantry Soldiers, walked the battlefields of Europ“ and saw the thousands of dead American erd Cermaun soldiers and I witnessed the concentration camps where innocent civilians and children vere musdered in u war of racial and religious exturmins tion. To attempt to initiate such « rece war iu this country is too 2 Pa horrible to contemplate for both our black and white citizens. * Buch an attempt must be dealt with by just and swift legal 2 * * < ° proceggsand when justified by Jury verdict of guilty - then 1 to terminate and romove permani-ntly from society those who would choose to isitiate this diabolical course. 1 DAD un DEFENDANT DEEN EXPOSNY YO u CARNAGE OF vu BATTLETININS AND TH: O OP N CONCENY.2VN1UN c INSTEAD OF MOVIFS, TELEVISION MM AND REVOLUTIONARY TRACTS CIORIFYING VIOLENCE AND KACTAL Sunn - TEN PERNAPS WIS THOUGHTS AXD ACTIONS \.OULD HAVE ‘TAKEN A LESS VIOLENT COURSE. Having s°t forth my personal experiences above, it is understandable that I aw not ca tz shocked or moved by tragedy - but this present murd«r and cull for racial war is especially shocking and ett every dofinition of beinous, atrocicus and cruel. The perpetrator thereby forfeits further right to life - for certainly his life is no more sacred than that of the innucont eighteen your old victin, Ste: hen Anthony Orlando. SEKRTENCE Having adjudved ENU CIARK BAKCIAY guilty of Murder in the First Degree, I hereby sentence you to death. I order gthat you be taken by the proper suthoritics to the Florida State Prison and there kept in close confinement until the Mate of your cut on be sot. That on such day, as sei, you h put to death by having electrical current, passed throwgh your body in such amounts and frequency until you are rendered dead. I advise you that you hove thirty days from today to take an appeal from the sentence which I have just imposed upon 5 you and I hereby appoint Bartley K. Vickers to represeat you on such appeal). May God have sere wror your soul. DONE ALD ond Al) SENTEACEL in Open Court et the Duval County Courthouss:;, Jachkeonville, lbiorida, on this 18th day of April, 1980. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385009_0333%3A1. Public record. Not legal advice.