Florida death-row inmate waives all appeals, future motions; execution is set for Aug. 3

ORLANDO, Fla. (OSV News) — Florida will mark its fifth execution of 2023 as the state will execute James Barnes Aug. 3.

Gov. Ron DeSantis signed the death warrant June 22. About a week later, Barnes, 61, moved to discharge his lawyers, waive all appeals and future motions, and proceed with his execution.

“Without appointing any experts, the judge found Mr. Barnes competent to commit state-assisted suicide, and cleared the path for him to die in our name,” according to a statement released by Floridians for Alternatives to the Death Penalty.

Barnes was serving life in prison without the possibility of parole for the murder of his wife, Linda, whom he killed in 1997. After converting to Islam, Barnes confessed to the murder of Patsy Miller, a 41-year-old nurse who was raped and murdered in her Melbourne home in 1988.

The crime had remained unsolved until Barnes’ confession, which he said he made to clear his conscience and offer closure to Miller’s family. The details of the crime are brutal. He had waited in her closet, naked, and pounced when she was vulnerable. During the trial for Miller’s death, Barnes waived his right to counsel, represented himself, pled guilty, waived a jury, and waived the presentation of mitigation, essentially asking for the death penalty. He was convicted of that murder and sentenced to death.

After participating in a televised documentary in 2012, Barnes wrote a letter to the producer of the show and confessed to two more murders, although he was never charged with either murder. After listening to Barnes’ recount the murder of Patsy Miller, the producer of the documentary, Werner Herzog, who is a capital punishment opponent, described Barnes as an “ultimate nightmare for women.”

Capital punishment opponents do not deny Barnes’ actions and crimes were horrific. Nor do they discount the suffering of the victims or the demand for justice in their memory.

Opponents state justice can be served with life without possibility of parole and not with “state-sanctioned murder.”

Floridians for Alternatives to the Death Penalty, or FADP, will be sponsoring vigils in front of Florida State Prison in Starke Aug. 3 to pray for victims of Barnes’ crimes, Barnes’ himself and prison personnel involved in the execution. There also will be local vigils held across the state. FADP stated that Barnes’ case is a prime example of the necessity of a bill — known as an SMI bill — to be introduced into the Legislature to end the execution of those who suffer from serious mental illness.

Barnes, one of five siblings including a twin sister, suffered severe physical and mental abuse at the hands of his parents along with his siblings.

A letter drafted by FADP to the governor urging him to overturn the death sentence quotes Barnes’ sister Jeannice, who recounted a portion of their childhood in the Barnes’ home:

“What happened inside those doors was very horrific. I still have flashbacks. My father would make us all go into this living room … and he would close the blinds, and this is when James did something bad or mom said he did or Beth said he did and my father would have what they call a ‘blanket party,’ something he learned from the military. And he would put (the blanket) over my brother’s head … and take a belt and make us all stand there and whip him. And if we didn’t whip him, we were going to get whipped. … (B)y the time my dad got him out of the blanket, his face would be beet red … with just tears streaming down and welts all over him.”

The siblings all suffered from the abuse, as well as addition and criminal behavior, and one sibling, Michael, committed suicide. Prior to his incarceration, Barnes was “Baker Acted” multiple times, including once after he begged his father to kill him with a shotgun. Being Baker Acted essentially means that a person has exhibited some extreme behavior that insinuates a mental illness, and without care or treatment, may result in harm to themselves or to others, according to a Reuters news story.

During his years in custody with the Department of Corrections, Barnes was repeatedly put in isolation. He refused to see any doctors or receive treatment for serious medical issues, and has refused visits from attorneys, friends, and family.

Although the state confirmed Barnes is competent for execution, it made the evaluation without Barnes completing a mental evaluation with a medical professional. His story, along with that of Duane Owens, a man who suffered with severe mental illness his entire life and was executed June 15, “underscores our need to double down on our efforts to stop executions and to pass legislation, called the SMI Bill, that would make people with serious mental illness not eligible for the death penalty,” FADP stated.

Florida’s bishops have long urged Florida’s governors to end the practice of the death penalty. The Florida Conference of Catholic Bishops, the lobbying arm of Florida’s bishops, have sent numerous communications with the governor’s office to combat the use of the death penalty.
And their stance is once also shared by their brother bishops.

On the morning of Owens’ execution, Florida’s bishops were among 300 prelates gathered for a plenary meeting in ChampionsGate, south of Orlando. The bishops voted on a letter that would be sent to their own episcopal shepherd — Pope Francis — that spoke about what would be discussed during the meetings. One of the points made within the letter: the prayerful disdain and opposition to the execution at the hands of the state of Florida on the evening of June 15.

“Sadly, on this very day, as this assembly meets, the state of Florida is set to execute a convicted man. We share in your opposition to the death penalty,” the U.S. bishops wrote in their letter. “Capital punishment is indeed a false answer that does not solve the problem for which it is invoked and introduces new elements of destruction. We pray for the victims of heinous crimes and for the protection of the indelible dignity of every human being. Your Holiness, we pray for you and we humbly ask you to bless our assembly and the work that lies before it.”

The vote was unanimous in support of the letter.

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To sign the petition urging the governor to stay the execution of James Barnes, visit https://actionnetwork.org/petitions/stay-the-execution-of-james-barnes/

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