Florida Senate - 2017 SCR 920 By Senator Farmer 34-00535A-17 2017920__ 1 Senate Concurrent Resolution 2 A concurrent resolution acknowledging the grave 3 injustice perpetrated against Charles Greenlee, Walter 4 Irvin, Samuel Shepherd, and Ernest Thomas, who came to 5 be known as the “Groveland Four,” exonerating the four 6 men, offering a formal and heartfelt apology to these 7 victims of racial hatred and to their families; and 8 urging the Governor and Cabinet to pardon Walter Irvin 9 and Charles Greenlee. 10 11 WHEREAS, on July 16, 1949, a 17-year-old white woman and 12 her estranged husband reported to police that they had been 13 attacked and that she had been raped by four black men after the 14 car in which she and her estranged husband were riding broke 15 down on a rural road outside Groveland, in Lake County, and 16 WHEREAS, despite the lack of physical evidence in the case 17 and the established alibis of the accused, Charles Greenlee, 18 Walter Irvin, Samuel Shepherd, and Ernest Thomas, the four men 19 were presumed guilty, and 20 WHEREAS, Walter Irvin and Samuel Shepherd, both World War 21 II veterans, acknowledged that they had stopped by the broken 22 down vehicle to see if they could assist the couple, but denied 23 any involvement in the alleged rape, and 24 WHEREAS, Charles Greenlee, who was only 16 years old at the 25 time, and Ernest Thomas denied ever meeting the alleged victim 26 and her estranged husband, and 27 WHEREAS, after their arrest that evening, Charles Greenlee, 28 Walter Irvin, and Samuel Shepherd were severely beaten in the 29 basement of the county jail, and Mr. Greenlee and Mr. Shepherd 30 were coerced into confessing to the crime, while Mr. Irvin 31 refused to admit his guilt, and 32 WHEREAS, Ernest Thomas, who fled the county, was shot to 33 death several days later in Madison County by members of a 34 deputized posse of armed men, and 35 WHEREAS, the three surviving men, Charles Greenlee, Walter 36 Irvin, and Samuel Shepherd, were tried and convicted in the 37 case, with Mr. Greenlee sentenced to life imprisonment due to 38 his age and Mr. Irvin and Mr. Shepherd sentenced to death, and 39 WHEREAS, Thurgood Marshall, then executive director of the 40 NAACP Legal Defense and Educational Fund, appealed the 41 convictions of Walter Irvin and Samuel Shepherd to the United 42 States Supreme Court, which unanimously overturned the judgments 43 on April 9, 1951, and ordered a retrial, and 44 WHEREAS, 7 months later, in November 1951, while 45 transporting Walter Irvin and Samuel Shepherd from Florida State 46 Prison in Raiford to Tavares State Prison for a pretrial 47 hearing, Lake County Sheriff Willis McCall and Deputy Sheriff 48 James L. Yates shot both men on a dirt road leading into 49 Umatilla, claiming that they had shot the handcuffed men in 50 self-defense when the two tried to escape, and 51 WHEREAS, Samuel Shepherd died at the scene as a result of 52 his wounds, but Walter Irvin, who pretended to be dead, survived 53 and accused the sheriff and his deputy of attempted murder, but 54 no charges were ever brought against the officers, and 55 WHEREAS, Walter Irvin was retried and convicted a second 56 time for the crime and was sentenced to death, despite the fact 57 that the state attorney allegedly withheld exculpatory medical 58 evidence from the defense, and despite testimony from a former 59 Federal Bureau of Investigation criminologist stating that he 60 believed forensic evidence had been manufactured by deputies, 61 and 62 WHEREAS, Mr. Irvin’s sentence was commuted to life in 63 prison in 1955 by then Governor LeRoy Collins, who was not 64 convinced of Mr. Irvin’s guilt, and 65 WHEREAS, in 1970, while visiting Lake County, Walter Irvin, 66 who had been paroled 2 years earlier by then Governor Claude 67 Kirk, was found dead in his car, and, while Mr. Irvin’s death 68 was officially attributed to natural causes, Thurgood Marshall 69 reportedly had doubts about the circumstances surrounding his 70 death, and 71 WHEREAS, Charles Greenlee, who was paroled in 1962 after 72 serving 12 years in prison, died in April 2012 at the age of 78, 73 and 74 WHEREAS, the grave injustice perpetrated against the 75 Groveland Four extended far beyond Lake and Madison Counties and 76 is believed to have played a role in the deaths of National 77 Association for the Advancement of Colored People leader Harry 78 T. Moore and his wife, Harriette, who had advocated on behalf of 79 the four men and were killed when their home in Mims was bombed 80 on December 25, 1951, and 81 WHEREAS, the people of this state recognize that no action 82 on the part of the Legislature can make right the egregious 83 wrongs perpetrated against Charles Greenlee, Walter Irvin, 84 Samuel Shepherd, and Ernest Thomas and their families by the 85 criminal justice system, law enforcement agencies, and 86 individuals whose actions were fueled by racial hatred, and 87 WHEREAS, the families of Charles Greenlee, Walter Irvin, 88 Samuel Shepherd, and Ernest Thomas have demanded that steps be 89 taken to clear the men’s names, NOW, THEREFORE, 90 91 Be It Resolved by the Senate of the State of Florida, the House 92 of Representatives Concurring: 93 94 That we hereby acknowledge that Charles Greenlee, Walter 95 Irvin, Samuel Shepherd, and Ernest Thomas were the victims of 96 gross injustices and that we apologize to the families of the 97 Groveland Four for all of the aforementioned wrongs and deem the 98 four men formally exonerated. 99 BE IT FURTHER RESOLVED that the Legislature urges the 100 Governor and Cabinet to review the cases of Walter Irvin and 101 Charles Greenlee and to grant Mr. Irvin and Mr. Greenlee 102 pardons. 103 BE IT FURTHER RESOLVED that a copy of this resolution be 104 provided to the Governor, the Attorney General, the Chief 105 Financial Officer, the Commissioner of Agriculture, and the 106 families of the Groveland Four as a tangible token of the 107 sentiments expressed herein.