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Exonerated prisoners urge incoming Florida governor to pause executions

Three former death row inmates who were later found innocent have asked Byron Donalds to halt the state's record-breaking execution schedule and review all current cases.

By Marina Weber ·

Illustration for: Exonerated prisoners urge incoming Florida governor to pause executions
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Three men who were previously exonerated from Florida's death row have publicly called on incoming governor Byron Donalds to stop the state's current run of executions. The former prisoners are requesting a review of the cases for all 235 individuals currently under a death sentence in the state. They are seeking a direct dialogue with Donalds, a Republican, as well as the new legislative leaders, to work toward establishing a moratorium.

The call to action was made at a press conference held in Tallahassee on Thursday. The event was organized by the advocacy group Floridians for Alternatives to the Death Penalty, known as FADP. Florida currently holds the national lead in both the number of executions performed and the number of wrongful convictions reversed. The state is set to carry out its 20th execution this year next Thursday. This would surpass the previous record of 19 executions set in 2025.

The scheduled execution involves Thomas Overton, who has been convicted of murder. Herman Lindsey, who was released from death row in 2009 after serving three years for the 1994 killing of a pawn shop owner, expressed hope that Donalds would show more empathy than his predecessor. Lindsey noted that outgoing governor Ron DeSantis will have signed 50 death warrants before leaving office in January. All but two of those sentences were carried out during DeSantis's second term.

Lindsey, who also serves as the executive director of Witness to Innocence, an organization that supports exonerees, addressed the incoming governor directly. He stated that he did not believe Donalds to be a barbaric person. Lindsey urged Donalds to consider re-evaluating the death penalty and investigating the system before applying it. He explained that the goal is not necessarily to end the practice immediately, but to provide the governor with the necessary knowledge to make valid decisions.

Lindsey was joined at the event by Joaquín José Martínez and Seth Penalver. Both men are advocates with Witness to Innocence and were part of a group of 30 condemned prisoners who have been exonerated in Florida since the death penalty was reintroduced nationwide in 1976. Penalver, who spent 18 years in prison including 13 on death row for a triple homicide he was later acquitted of, emphasized the difficulty of getting the system to listen. He argued that when facing execution, one cannot assume that others have already thoroughly checked the evidence.

Penalver stressed the need for officials willing to examine evidence seriously and take questions from the accused into account. Martínez, who was sentenced to death in 1997 for a double murder and exonerated in 2001, highlighted the systemic failures involved in his case. A court later found that some evidence against him was fabricated by a relative of the victim who worked for the sheriff's office. Additionally, several informants had been promised rewards for providing false testimony.

Martínez noted that it is often easier for the public to believe that an exoneree was simply lucky than to accept that the justice system has failed. He argued that it is time for the system to evolve and change, ultimately calling for the end of the death penalty. Grace Hanna, the executive director of FADP, stated that her organization is eager to collaborate with Donalds after he assumes office. She noted that her group and partners regularly share information about capital punishment with elected officials.

Hanna described the press conference as an opportunity for those most impacted by Florida's broken death penalty system to use their voices. She said the group wanted to reach the incoming governor and advocate for a pause in executions to allow for a clearer view of the situation. The Guardian has contacted Donalds' office for comment regarding the request. In a statement provided to the Miami Herald, a representative for his transition team suggested that a moratorium was unlikely. The spokesperson stated that Donalds is a staunch supporter of the death penalty and intends to govern accordingly.

The transition team's comments suggest a potential divide between the advocacy groups and the incoming administration. While the exonerees and their supporters push for a review and a pause, the governor's office maintains a firm stance on the continued use of capital punishment. The coming weeks will be critical as Donalds prepares to take office in January. The outcome of the state's 20th execution next Thursday may also serve as an early indicator of how the new administration will handle the death penalty in Florida.

As the state approaches a new record for executions, the voices of those who have experienced the system firsthand are gaining attention. The former prisoners are hoping that their personal stories will influence the new leadership to take a closer look at the evidence and the process. The debate over the death penalty in Florida continues, with both sides waiting to see how the new governor will navigate the complex legal and moral landscape.

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