FOR IMMEDIATE RELEASE:
Thursday, January 3, 2002 CONTACT: BRENDA BOWSER
(202) 2936970
cell — (301) 9064460

99th DEATH ROW EXONEREE TO BE FREED IN FLORIDA

Prosecutors drop all charges after Judge rules that State with­held critical evidence

WASHINGTON, DC — Juan Roberto Melendez will become the 99th inno­cent per­son to walk free from death row since 1973, accord­ing to an announce­ment made today by the Death Penalty Information Center (DPIC). Prosecutors dropped all charges against Melendez after Judge Barbara Fleischer of the Thirteenth Circuit Court in Florida over­turned his con­vic­tion. Melendez spent more than 18 years on Florida’s death row.

Fleischer over­turned Melendez’s 1984 cap­i­tal mur­der con­vic­tion after deter­min­ing that pros­e­cu­tors in his orig­i­nal tri­al with­held crit­i­cal evi­dence, there­by under­ming con­fi­dence in the orig­i­nal ver­dict. The judge not­ed that no phys­i­cal evi­dence linked Melendez to the crime. The state had used the tes­ti­mo­ny of two wit­ness­es whose cred­i­bil­i­ty was lat­er chal­lenged with new evi­dence. Prosecutors announced on Jan. 3 the state’s deci­sion to aban­don charges against Melendez, who is the 22nd Florida death row inmate to be exon­er­at­ed and freed, more than any other state.

In its 2001 Year End Report issued in December, DPIC not­ed that five inmates were freed from death row in 2001. These exon­er­a­tions, as well as rev­e­la­tions from state and inde­pen­dent stud­ies show­ing unfair­ness in the cap­i­tal pun­ish­ment sys­tem, have con­tributed to a con­tin­u­ing decline in sup­port for the death penal­ty. Executions, death sen­tences, and the size of death row have all declined recent­ly. Wrongful con­vic­tions have also caused a num­ber of for­mer pro­po­nents of the death penal­ty to ques­tion its value.

Melendez’s attor­ney, Martin J. McClain, is avail­able for com­ment on the this case. He may be reached by call­ing 305 – 984-8344 (cell) or 850 – 488-7200 (office). It is expect­ed that Melendez will be phys­i­cal­ly freed from prison shortly.

# # #