Florida Senate - 2013                                     SB 194
       
       
       
       By Senator Thompson
       
       
       
       
       12-00535-13                                            2013194__
    1                        A bill to be entitled                      
    2         An act for the relief of James Joseph Richardson by
    3         the State of Florida; providing for an appropriation
    4         to compensate James Joseph Richardson for the length
    5         of time in prison sustained as a result of his
    6         wrongful conviction by the state; providing an
    7         effective date.
    8  
    9         WHEREAS, on or about October 25, 1967, the seven children
   10  of Annie Mae and James Joseph Richardson died of food poisoning
   11  in Arcadia, Florida, and the cause of death was due to consuming
   12  food laced with an insecticide called parathion, and
   13         WHEREAS, James Joseph Richardson, a migrant farm worker,
   14  was arrested on or about October 31, 1967, indicted by a grand
   15  jury in December 1967, and found guilty of first-degree felony
   16  murder in May 1968, and
   17         WHEREAS, James Joseph Richardson was sentenced to death and
   18  spent four years of his original prison term on death row, until
   19  the Florida Supreme Court declared the death penalty
   20  unconstitutional, and his sentence became life in prison, and
   21         WHEREAS, in August 1988, the Richardsons’ babysitter, Betsy
   22  Reese, admitted to two of her nursing home assistants that she
   23  had killed all seven of the Richardson children, and the
   24  Sarasota Herald-Tribune exposed her admissions publicly in a
   25  printed story, and
   26         WHEREAS, in October 1988, Governor Bob Martinez received a
   27  stolen box of materials that came from the Office of the State
   28  Attorney, and the contents indicated that there was exculpatory
   29  evidence not provided to James Joseph Richardson’s attorney
   30  before the trial, and
   31         WHEREAS, Governor Martinez issued three executive orders
   32  assigning State Attorney Janet Reno to investigate the murder of
   33  the Richardson children, and Attorney General Bob Butterworth
   34  concluded that James Joseph Richardson had not received a fair
   35  trial, and
   36         WHEREAS, James Joseph Richardson was released from prison
   37  in April 1989, pending a final investigative report and
   38  conclusions by State Attorney Janet Reno, and
   39         WHEREAS, on May 5, 1989, State Attorney Janet Reno filed a
   40  Memorandum of Nolle Prosequi, and the court vacated James Joseph
   41  Richardson’s judgment, conviction, and sentence in 1989, and
   42         WHEREAS, the Legislature enacted the Victims of Wrongful
   43  Incarceration Compensation Act on July 1, 2008, after which
   44  James Joseph Richardson timely filed a petition for the status
   45  as a wrongfully incarcerated person who is eligible for
   46  compensation with the Twelfth Judicial Circuit in DeSoto County,
   47  and
   48         WHEREAS, although James Joseph Richardson initially settled
   49  in a lawsuit with DeSoto County over his wrongful prosecution,
   50  the state contested his claim and an administrative law judge
   51  found that although there was an absence of evidence proving
   52  Richardson guilty, there was not enough evidence showing James
   53  Joseph Richardson’s innocence, which is a requirement under the
   54  Victims of Wrongful Incarceration Compensation Act, and
   55         WHEREAS, the trial court denied James Joseph Richardson’s
   56  wrongful prosecution claim, and
   57         WHEREAS, despite substantial evidence that James Joseph
   58  Richardson was innocent, the state argued that he had poisoned
   59  his children’s food with parathion to recover their life
   60  insurance proceeds, and
   61         WHEREAS, Gerald Purvis, the agent who attempted to sell
   62  insurance policies to James Joseph Richardson, specified on two
   63  separate occasions to investigators that, because James Joseph
   64  Richardson had not paid any of the insurance premiums, he had
   65  informed James Joseph Richardson that the policies were
   66  ineffective, and
   67         WHEREAS, Gerald Purvis’s transcribed statements indicated
   68  that the policies had never been in effect and that Richardson
   69  had understood them to be invalid, but these statements were not
   70  provided to James Joseph Richardson or his attorney, and
   71         WHEREAS, additionally, Reverend Fagan also made a statement
   72  that was not disclosed to James Joseph Richardson’s attorney
   73  about a conversation he had with James Joseph Richardson, and
   74         WHEREAS, according to Reverend Fagan, James Joseph
   75  Richardson stated that his children had not had any insurance
   76  while he had been in the hospital waiting to hear about their
   77  conditions, and
   78         WHEREAS, Betsy Reese confessed on numerous occasions that
   79  she had poisoned the Richardson children, as she had been angry
   80  over James Joseph Richardson’s introducing her husband to
   81  another woman in Jacksonville, and
   82         WHEREAS, Betsy Reese was evidently a jealous woman, as
   83  there were handwritten notes of Assistant State Attorney
   84  Treadwell demonstrating that Betsy Reese had shot and killed her
   85  second husband over a woman, and
   86         WHEREAS, Betsy Reese was on parole at the time of the
   87  Richardson children’s death for murdering her second husband in
   88  1956, and her first husband had also mysteriously died after
   89  eating a meal she had prepared for him, and
   90         WHEREAS, Betsy Reese helped uncover the bag of parathion in
   91  a shed west of the Richardsons’ home and her apartment on
   92  October 26, 1967, and this discovery came after five
   93  unsuccessful searches of the Richardsons’ home and the
   94  surrounding area, along with a fruitless search in the shed just
   95  the night before, and
   96         WHEREAS, Betsy Reese’s apartment was never searched on
   97  October 25, 1967, or the days immediately thereafter, and
   98         WHEREAS, there were numerous witnesses, including James
   99  Joseph Richardson, who indicated that Betsy Reese had a motive
  100  to harm the Richardsons, and
  101         WHEREAS, the state disregarded its constitutional
  102  obligation to provide all of these statements to James Joseph
  103  Richardson’s attorney, and
  104         WHEREAS, apart from the investigation by the DeSoto County
  105  Sheriff’s Office, many inconsistencies existed around the trial,
  106  and the state, knowingly and without the defense’s knowledge,
  107  used the perjured testimony of one of its principal witnesses
  108  and, despite the state’s legal and constitutional obligation,
  109  did not inform the Court that this witness had committed
  110  perjury, and
  111         WHEREAS, before the trial and after James Joseph
  112  Richardson’s indictment by the grand jury of first-degree murder
  113  in 1967, State Prosecutor Frank Schaub and agents of the Florida
  114  Bureau of Law Enforcement acknowledged that the state had a weak
  115  case, and
  116         WHEREAS, in a memorandum dated January 1968, the bureau
  117  concluded that the investigation did not result in sufficient
  118  evidence to justify a court action, and, without additional
  119  information, the case would be nolle prosequi, and
  120         WHEREAS, the memorandum also stated that the newspapers
  121  were leading the public to believe that James Joseph Richardson
  122  was guilty and that there was sufficient evidence to convict him
  123  and the state, therefore, should be cautious in its final
  124  decision, and
  125         WHEREAS, a letter dated January 30, 1968, from State
  126  Prosecutor Frank Schaub to Assistant State Attorney Jerry Hill
  127  revealed that if no progress was made the charges would have to
  128  be dismissed at a reasonable time before trial, and
  129         WHEREAS, on February 6, 1968, just 3 months before James
  130  Joseph Richardson was found guilty, a letter from Assistant
  131  State Attorney John Treadwell to State Prosecutor Frank Schaub
  132  indicated that he planned to meet with the bureau agents again
  133  to determine if there was sufficient evidence for a trial, and
  134         WHEREAS, on May 5, 1989, and approximately 21.5 years after
  135  James Joseph Richardson’s conviction, State Attorney Janet
  136  Reno’s Memorandum of Nolle Prosequi concluded that the
  137  investigation into the Richardson children’s deaths was
  138  inadequate and incomplete, and
  139         WHEREAS, the memorandum stated: “Obvious leads were never
  140  pursued; critical questions were never answered; glaring
  141  inconsistencies were never questioned or resolved and standard
  142  investigative procedures were not followed. . . [T]he State did
  143  not have sufficient evidence to charge James Joseph Richardson
  144  and to prove him guilty beyond a reasonable doubt. . . It is
  145  apparent, after a review of all evidence obtained in the
  146  original investigation and ensuing investigations, that not only
  147  couldn’t the State prove James Richardson was guilty beyond a
  148  reasonable doubt, but James Richardson was probably wrongfully
  149  accused,” and
  150         WHEREAS, because James Joseph Richardson was precluded from
  151  proving his innocence in a court of law after the filing of the
  152  Memorandum of Nolle Prosequi, and
  153         WHEREAS, the Legislature is providing compensation to James
  154  Joseph Richardson to acknowledge the fact that he had suffered
  155  significant damages that are unique to his case and that are the
  156  result of physical and mental restraint, deprivation of freedom,
  157  and time spent on death row, and
  158         WHEREAS, James Joseph Richardson is therefore entitled to
  159  at least a sum of $3,000,000 for the injuries and damages
  160  sustained from his wrongful imprisonment, and
  161         WHEREAS, the Legislature apologizes to James Joseph
  162  Richardson on behalf of the state, NOW, THEREFORE,
  163  
  164  Be It Enacted by the Legislature of the State of Florida:
  165  
  166         Section 1. The facts stated in the preamble to this act are
  167  found and declared to be true.
  168         Section 2. There is appropriated from the General Revenue
  169  Fund to the Department of Corrections the sum of $3 million for
  170  the relief of James Joseph Richardson for injuries and damages
  171  sustained due to his incarceration for his wrongful conviction
  172  for first degree murder.
  173         Section 3. The Chief Financial Officer is directed to draw
  174  a warrant in favor of James Joseph Richardson in the sum of $3
  175  million upon funds of the Department of Corrections in the State
  176  Treasury, and the Chief Financial Officer is directed to pay the
  177  same out of such funds in the State Treasury.
  178         Section 4. This act shall take effect upon becoming a law.