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Execution set for Tuesday raises new questions about Florida's death penalty

The execution of Paul Augustus Howell scheduled for Tuesday has put Florida’s death penalty process under the microscope again.

Howell, 42, was convicted in 1992 of the pipe-bomb killing of Florida Highway Patrol Trooper Jimmy Fulford in Jefferson County, east of Tallahassee. If he dies by lethal injection as scheduled, his attorneys say, he will be the first Florida inmate to die without his case having been reviewed in federal court under a habeas corpus appeal. They argue Howell deserves that review — and a chance to seek another trial.

They say the court never heard about the conflict of interest involving his trial attorney, the failure to tell the court of Howell’s brain damage, his paranoia, child abuse or his lost court files. And the court never heard about Howell’s inadequate representation from the appellate lawyer who missed a crucial deadline for his federal review.

“Lawyers who never met the client in the 13 years they represented him lost his records in a flood and haven’t asked for new ones,” said Sonya Rudenstine of Gainesville, a new attorney hired by the inmate’s family. “If it weren’t so tragic, it would be a comedy of errors.”

The Florida Supreme Court rejected an appeal last week by Howell’s new attorneys and, when they filed a second appeal the court rejected that on Monday. The court said it could not address claims he may raise in federal court. His attorneys have filed a new request in federal court in Tallahassee. More here.



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