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 FLORIDA

Published Tuesday, August 31, 1999, in the Miami Herald

Thrasher: Keep electric chair

By LESLEY CLARK
Herald Capital Bureau

STARKE -- State House Speaker John Thrasher toured the death chamber at Florida State Prison Monday to pressure the state Supreme Court to keep Florida's electric chair running.

Flanked by several ranking Republican House members, Thrasher looked briefly at the wooden chair, chatted with warden James Crosby Jr. about execution day procedures and held a news conference he hopes the justices will read about.

``I would urge the Supreme Court of Florida to uphold'' the chair, Thrasher said. ``The electric chair is a constitutional method of carrying out court-ordered executions in this state.''

For the second time in as many years, the high court is being asked to determine whether the chair dispenses cruel and unusual punishment in violation of the state Constitution. Attorneys for Death Row inmates last week showed the court bloodied pictures of the execution of Allen Lee Davis, the last man to die in the chair. They argued that there was evidence the triple murderer, who bled during his execution, was partially suffocated by a thick leather strap that bound his head to the chair.

But Thrasher said sympathy should be directed toward the Jacksonville woman and her two young daughters that Davis ``savagely murdered.''

``If anyone is concerned about cruelty they should look at the photographs of that family,'' Thrasher said. ``That should keep a painless nosebleed, in my opinion, in perspective.''

Still, Thrasher, who had never seen the chair before, said it was an ``eerie sight'' and declined to get closer than a glass partition in the witness room.

Thrasher lobbed several questions at Crosby for the benefit of the TV cameras as they looked at the chair.

``He did die instantly?'' Thrasher asked Crosby, referring to Davis.

``That's a definite,'' Crosby replied.

Death Row lawyer Martin McClain, who argued against the chair before the state Supreme Court last week, said he worried that Thrasher would attempt to influence the justices.

``It's not appropriate,'' McClain said. ``The Florida Supreme Court is not supposed to have a phone line open so that everyone can give an opinion on what they should do. The court decides cases based on the record, precedent and law.''

But Thrasher said he has a right to speak his opinion and he noted that retired circuit judge Clarence Johnson has already found that use of the chair is not unconstitutional.

``The court has the evidence before them from the trial judge that clearly, completely, exhaustively looked at the testimony of what went on during the Davis execution,'' Thrasher said. ``The trial judge said he thought things went just as the protocol called for. It's hard for the Supreme Court to substitute any other facts than those that are there.''

The high court upheld use of the chair by a 4-3 vote in 1997, but three justices -- including two on the narrow majority -- have since retired. Two were replaced by justices whom observers believe are more inclined to vote against the chair. A decision is expected by Sept. 14, when Thomas Provenzano is scheduled to be executed.

Thrasher said he fears a tide of appeals if the court overturns the chair. ``I don't even want to go there,'' Thrasher said. ``My concern is that if the electric chair is overturned and we go to lethal injection it would create another round of appeals and perhaps even the opportunity to do away with the death penalty.''

e-mail: lclark@herald.com

 

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