Oslo, October 12, 1998
Dear Governor Jeb Bush,
My name is Turid Sandberg Ihle, and I live in Oslo / Norway.
Respectfully, I will encourage the Governor to look at the enclosed
web-page set up for Mr. Paul William Scott, one of the death sentenced
prisoners, living in Union Correctional Institution in Raiford, Florida.
The reasons why I most urgently ask you to look into this particular
case,
are listed below:
1) I am confident that the Governor is well informed about the fact that
the individual who committed this terrible crime, Mr. Richard Kondian,
has
confessed. (Please read Mr. Kondian's sworn affidavit to the Court, and
the
affidavits given by some of the individuals Mr. Kondian has confessed to,
which is included in these web-pages).
2) Several members of the jury that served in Mr. Scott's trial, have
later
given sworn affidavits to the Court, stating that if the evidences
revealed
later had been presented before them during the trial, they would most
definitely not have voted in favor of Mr. Scott's death sentence.
(Affidavits from the Foreman of the Jury, Ms. Federico, Juror Bunkley,
Juror Alho and Juror Stoddard are included in the web-page).
3) The State's Medical Examiner at trial, Dr. Gabino Cuevas, has since
agreed to the evaluation of evidence by Forensic & Security Consultants
Corporation. He stated that he was never during the trial asked to
identify
the murder weapon, and he does not recall being aware of allegations that
Mr. Kondian had struck the victim, Mr. Alessi with a champagne bottle.
4) Furthermore, Dr. Gabino Cuevas also agrees with Forensic & Security
Consultants Corporation in their conclusion stating that: "The fatal blow
could have been struck with either left or right hand, or with both
hands."
This shows that it does not matter whether Mr. Scott is left- or right
handed, which was, because of the fact that the champagne bottle was
never
introduced before the Court as evidence, never brought to the Court's
attention before Mr. Scott was sentenced to death. It is pointed out by
the
members of the jury, who undersigned the above mentioned affidavits that
the fact that Mr. Scott is left handed was a major issue the jurors
considered as so important that it might have turned Mr. Scott's case
completely. Let me quote some of the jurors affidavits to the Court which
is also included in the web-pages:
The foreman of the Jury, Ms. Federico states in her affidavit to the
Court
the following:
"The fact that Paul Scott is left-handed was extremely important in
convincing me that he struck the fatal blow to Mr. Alessi. I have
reviewed
the affidavits of Jeff Walsh and Rick Kondian. This is the kind of
information that would have been important for the jury to hear. It
refutes
the very critical notion that only the left-handed Mr. Scott could have
wielded that blow."
Juror Yvonne Bunkley states in her affidavit to the Court:
"I was not convinced that Mr. Paul William Scott was the one responsible
for Mr. Alessi's murder. I ultimately voted guilty because of pressure
from
the other jurors. Some of them kept telling me, come on, he was hit by a
left handed person. I knew that. Paul William Scott was left handed."
Juror Alho has the following to say in this matter quoted from her
affidavit:
"One area that was not gray was the testimony about Mr. Alessi being hit
in
the head by a left-handed person. The state attorney made it a point to
call to our attention Paul William Scott as writing on a legal pad with
his
left hand".
Juror Stoddard wrote in her affidiavit:
"The fact that Paul Scott is left handed was a key point in establishing
that he killed Mr. Alessi."
Additionally, Dr. Cuevas states that the bear statue, with which Mr.
Scott
allegedly "beat the victim to death", and was the only object introduced
as
evidence at trial, did not cause Mr. Alessi's death.
5) A photo of a circle of blood from the champagne bottle is presented on
the web-page, showing that the real murder weapon was the champagne
bottle,
and not the bear statue, which is also consistent with the conclusion of
Forensic & Security Consultant's Corporation.
6) A neuropsychological evaluation of Paul William Scott, by Dr. Barry M.
Crown Ph. D. Certificate, Addiction Specialist, shows that Mr. Scott is
brain damaged, and has an IQ measured to 69. This evaluation also states
that "Mr. Scott's reasoning and problem-solving capacities are below that
of a 10-year-old child and that his brain damage is a permanent
condition.
As a result of his condition, he is unable to comprehend the long-time
consequences of his immediate behavior. Under stress, duress and / or
substances, he is unable to appreciate the criminality of his conduct or
to
conform his conduct to the requirements of law."
Juror Stoddard stated the following in her affidavit to the Court
addressing Mr. Scott's retardation:
"I am very surprised that no one thought to let the jury know that Mr.
Scott is brain damaged and retarded. This is something that I, as a
juror,
needed to know at the time of trial."
7) International laws, initiated by the United States of America prohibit
executions of retarded and mentally ill individuals.
8) Let me also point out to the Governor that neither Mr. Kondian, nor
Mr.
Scott brought with them any sort of weapon to Mr. Alessi's apartment,
which
does not make sense if they were planning to commit murder of a much
taller
and stronger individual than themselves. The premeditated factor is
supposed to be proven before death penalty can be considered as an
alternative.
Mr. Alessi was attacked with a paper weight, a bear statue and a
champagne
bottle, which hardly can be considered as items anyone would consider as
suitable murder weapons while planning to commit a murder.
It is clear to me that paper weights, bear statues and champagne bottles
in
general are to be considered as anything BUT murder weapons. That
particular fact shows that Mr. Kondian and Mr. Scott grabbed the closest
items available and acted impulsively, and not with any sort of
premeditation.
The above is also supported by the included evaluation of evidence by
Forensic & Security Consultant Corporation, which also is consistent with
both Mr. Kondian's and Mr. Scott's statements.
Furthermore, the victim, Mr. James Alessi had prior to the dispute,
resulting in his death, locked the front door deadbolt by key from the
inside in his effort to prevent Mr. Kondian and Mr. Scott to leave his
apartment voluntarily. Mr. Scott succeeded to flee the crime scene by
making his exit through the rear screening of an enclosed swimming-pool.
9) Let me ask the Governor again to look at the web-page, where a police
report is presented to show that the victim, Mr. Alessi, was a known
homosexual who frequently trafficated commonly known bars and places with
the intention of picking up male prostitutes. The citizens living in this
particular area had prior to the victim, Mr. Alessi's arrest, made
numerous
complaints to the police about the prostitution-trafficing in their home
environment where Mr. Alessi was commonly to be seen and was a frequent
"guest".
In closing, I want to tell the Governor that I am confident that he will
seek to make the right decision in this terribly serious matter, and
knowing he is considered as a man acting both fairly and justly, I am
also
confident that Mr. Scott's case is in the best of hands. I will also use
this opportunity to point out that whether one is opposed to, or
supportive
of death penalty in general, I am sure we can all agree about that death
penatly should neither be seeked in cases where there are reasonable
doubts
regarding the defendant's guilt, nor in cases where a verdict is decided
before all of the evidences have been considered throughly by both sides.
This is unfortunaltely Mr. Scott's position for the time being., and let
me also point out to the Governor that it is still not too late to
correct
that error.
The Justice is supposed to serve and protect the people. Resourceful,
indigent or mentally retarded equally.
I will pray to God that the Governor is given the strength to stand up
for
true Justice, and I feel confident that he will make the right decision.
Respectfully,
Turid Sandberg Ihle
Oslo / Norway
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