THE CASE OF ALPHONSO GREEN *************************
The State Of Florida
v
Alphonso Green
Case No 86-14233
Division “E”
Defendant's Sentencing Recommendation..
COMES NOW the defendant, ALPHONSO GREEN, by and through his undersigned attorney, and files this, his Recommendation for Sentencing in the above-styled cause...
- The Charge : Defendant was charged with the first degree murders of DORA VIRGINIA NICHOLS and ROBERT J NICHOLS on October 10, 1986.
- The Verdict : After two and a half hours of deliberation, the jury found the defendant guilty as charged. However it is not known whether the jury decided that the defendant was guilty of premeditated murder or felony murder in the first degree inasmuch as the jury has been given instructions as to each crime.
- The Jury’s Recommendation : After nine ( 9 ) minutes of deliberation, the jury recommended the death sentence by a vote of 12-0.
- Defendant’s Recommendation : Even the State now concedes that the evidence and testimony revealed the probability that there was a second individual involved. In support of this statement, Defendant would respectfully direct this Court’s attention to not only the content of the State’s closing argument but, even more importantly, the State’s Requested Jury Instruction on Felony Murder- First Degree – wherin the State asserted that alternatively it need only be proven that “… the victim was killed by a person OTHER than ALPHONSO GREEN, who was involved in the commission or attempt to commit burglary…” and, of greatest significance is the fact that the testimony and evidence clearly showed that there was another individual there and that there was another knife involved, to-wit:
1. Three state witnesses testified that they saw another individual there immediately before the victims were killed and all three testified they could not identify that person as being the Defendant.
2. There were three fingerprints found at the scene which were not the victims’ nor the Defendant’s and which have yet to be identified.
3. None of the Defendant’s blood or fingerprints were found inside the house, which strongly suggests that it was another person who, according to two State witnesses, “ransacked” the house after the killings.
4. The only blood on Defendant’s shirt found at the scene was that of the Defendant. It defies logic to suggest that this Defendant could have killed these victims with a knife in a manner which left blood over all the crime scene and yet not gotten SOME of the victims’ blood on that shirt.
5. There was no blood found by the State’s witness on the alleged murder weapon even though expert testimony indicated that there would be evidence of blood on that knife if it was used as the murder weapon.
6. There was a 1” long wound 5” deep on one victim and a 1 1/8 “ long wound 3” deep on the other victim which obviously indicates the presence of a knife other than the alleged murder weapon, which is 1 ½” wide at a point 1 ¾ “ from its tip.
7. There was a blood smear found on the wrought iron handrail outside the front door of the victims’ house which suggests that someone left by that route and we know that the Defendant left by the back door of that house.
8. Finally, of utmost importance, is the fact that the Defendant surrendered himself ten days later to the authorities in Ft Lauderdale. WHY? If, in fact, he and he alone had committed these crimes, he had every reason Not to surrender. He knows he is black. He knows the victims are white. And he certainly knows that the electric chair is the only punishment he can expect. Unless, as he testified, another individual actually did the killings. This, and this alone, would explain his surrender in Ft Lauderdale.
Taking all these unrefutable facts into consideration, one can only conclude that, while the Defendant admittedly was present, another individual committed the crimes and that the jury found the defendant guilty based upon the aforementioned Felony Murder- First Degree instruction.
Turning now to the issue of the jury’s 12-0 recommendation that this court impose the death penalty in this case…
Please recall that the jury deliberated for only nine ( 9 ) minutes before making this recommendation.
It is the Defendant’s contention that the jury could not have followed this Court’s instructions in that short time span and, thus, that recommendation should be disregarded.
... This Court has instructed the jury, in pertinent part, that “…it is your duty to follow the law that will now be given to you by the court…” And, “ The fact that the determination of whether you recommend a sentence of death or sentence of life imprisonment in this case can be reached by a single ballot should not influence you to act hastily or without due regard to the gravity of these proceedings. Before you ballot you should carefully weigh, sift and consider the evidence and ALL of it , realizing that human life is at stake and bring to bear your best judgement in reaching your advisory sentence.
Five aggravating circumstances had been presented to the jury along with five mitigating circumstances.
If you are interested in this case and wish to contact Alphonso Green, he lives at..
- Alphonso Green #042143
Union Correctional Institution
7819 NW 228TH St
Raiford, Florida 32026-4430
USA
** PENPALS..
If you wish to write Alphonso as a penpal he will be very happy. The address is as
above and the e-mail address is..
c/o : AlphonsoGreen@floridasupport.us
This recommendation was slightly edited by..
AnnEz / Sweden / Nov 27th, 2003
Florida's Death Row.
