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.