By SYDNEY P. FREEDBERG

July 41999

© St. Petersburg Times

Main sto­ry

We’d rather have died than to stay in that place for some­thing we didn’t do’

I had noth­ing … The world I left no longer existed’

We don’t look back’

Yes, I’m angry.… Yes, I’m bit­ter. I’m frustrated’

The stig­ma is always there’

The 13 oth­er sur­vivors and their stories

You got to real­ize,” says Joseph Green Brown, now known to almost every­one as Shabaka, you put a man in a cage and treat him like a dog, talk to him like a dog, feed him like a dog … there’s gonna come a time he wants to bite like a dog.”

For Shabaka, that time came 16 years ago when tech­ni­cians in Florida’s death house made him lis­ten as they test­ed the elec­tric chair in which they were about to kill him.

Twice a day, he heard the light­ning-like noise from his death watch cell, 30 feet away. When a prison tai­lor came to mea­sure him for his bur­ial suit, he was put back into his cell kick­ing and scream­ing. He refused to order the tra­di­tion­al last meal.

The long wait for his death date, the thought of his griev­ing moth­er, the sens­es and sounds of more than 12 years on death row — they rub Shabaka, now 49, almost as raw today as they did on Oct. 17, 1983, when he came with­in 15 hours of execution.

Yes, I’m angry,” says Shabaka, who will nev­er for­get the stench that hung over the cell­block after an exe­cu­tion. There were 16 exe­cu­tions while he was at Florida State Prison, and he could have been No. 17. Yes, I’m bit­ter. I’m frus­trat­ed. The state of Florida didn’t give me noth­ing. They didn’t give me an apol­o­gy. When they released me, they didn’t even give me bus fare home.”

Twelve years lat­er, Shabaka — Swahili for uncom­pro­mis­ing — puts his out­rage to work try­ing to solve the prob­lems of poor peo­ple. At a Washington, D.C., drop-in cen­ter, he feeds home­less drug addicts, coun­sels alco­holics and helps peo­ple with mental problems.

Shabaka sup­ple­ments his income work­ing at a dri­ve-in con­ve­nience store and lec­tur­ing on cap­i­tal pun­ish­ment. His ordeal makes him a cause cele­bre on the anti-death-penalty circuit.

It can be stress­ful,” he says of post-prison life. But it’s rewarding.”

In 1974, a Hillsborough County jury con­vict­ed him of rap­ing and mur­der­ing Earlene Treva Barksdale, a cloth­ing store own­er and wife of a promi­nent Tampa lawyer. The case hinged on Ronald Floyd, a man who held a grudge against Shabaka because Shabaka once turned him in for a rob­bery. The jury also got to see a pur­port­ed smok­ing gun — a .38-cal­iber hand­gun that pros­e­cu­tor Robert Bonanno said was the murder weapon.

An FBI bal­lis­tics expert said the hand­gun could not pos­si­bly have fired the fatal bul­let — a wit­ness the jury nev­er heard from — and sev­er­al months lat­er, Floyd admit­ted that he lied.

Florida courts grant­ed no relief, how­ev­er, and in the fall of 1983, Gov. Bob Graham signed a death war­rant. Shabaka’s moth­er suf­fered a stroke.

Death watch cells are larg­er but more nar­row than cells on death row, and guards are posi­tioned out­side to hand the con­demned their belong­ings, turn on their TVs and make sure they don’t com­mit sui­cide. Shabaka says he felt like a walled animal.”

He was with­in 15 hours of death when a fed­er­al judge in Tampa issued a stay. Two and a half years lat­er, the 11th U.S. Circuit Court of Appeals over­turned the con­vic­tion, rul­ing the pros­e­cu­tion know­ing­ly allowed false tes­ti­mo­ny from the states’s star wit­ness. One year lat­er, Shabaka was released after the Hillsborough State Attorney’s Office decid­ed not to retry him.

Despite the appel­late court’s sting­ing rebuke, Bonanno, now a Hillsborough cir­cuit judge, remains con­vinced Shabaka is guilty. He’s very for­tu­nate,” Bonanno says. He should have been executed.”

Shabaka says he has not for­got­ten — or for­giv­en — Bonanno, Graham or the sick guards” he sus­pects were tak­ing bets on whether he would get a stay.

There ain’t no worse place” than death row, he says. America ain’t no civilized place.”

After so many years try­ing to keep Florida from strap­ping him in a chair, Shabaka feels uneasy when he puts on a seat belt. When he walks into a room and clos­es the door, he reopens it to make sure it isn’t locked.

It’s too painful for Shabaka to talk about friends he lost while on death row, or those he might have gained. He fre­quent­ly changes his tele­phone num­ber because of harass­ment. He doesn’t want to be pho­tographed, declines to let reporters into his home and reveals noth­ing about the woman he mar­ried after his release.

In prison, Shabaka became a jail­house lawyer so he could, belat­ed­ly, defend him­self. Today, as he looks down the road for new chal­lenges, he only half-mock­ing­ly sug­gests he might become a death row lawyer.

His biggest vic­to­ry to date? I’m alive.… That’s good enough for me.”