Wayne Tompkins and the Innocence Project of Florida
posted by Sarah Waldeck
Concurring Opinions receives many emails from individuals seeking to promote various issues and points of view. Such correspondence rarely results in actual posts. Today, however, we received an email from the Innocence Project of Florida, about an inmate scheduled to be executed at 6:00 p.m. today. I haven’t had a chance to do any independent investigation, but the content of the email is likely to interest many of our readers:
[The Innocence Project] believes there are very serious doubts about whether [Wayne] Tompkins is guilty of murder – because the body in the case might not be that of the alleged victim, meaning no murder even took place. Several individuals have signed affidavits saying they have seen the victim alive since the alleged murder, but the Governor has failed to stay the execution.
Yesterday, we sent a letter to Governor Charlie Crist. Today, we filed a motion to preserve the evidence in the case, signaling our intent to go ahead with DNA testing, even if Tompkins is executed. One day soon, the truth will come out, and perhaps Governor Crist will become the first in US history to execute a man who was proven to be innocent.
What follows is our summary of facts and a call to action. Then we have Governor Crist’s email and his phone number. . . . We have less than 6 hours in which to act.
On March 24th 1983, Barbara DeCarr, Lisa DeCarr’s mother, filed a missing persons report alleging her daughter ran away from home for no apparent reason. She claimed Lisa was having some trouble at school but nothing that would have led her to runaway and she did not take any of her belongings with her.
Over the next year, Barbara DeCarr maintained her story and reported to the police various sightings of Lisa she had been contacted about. On June 6th 1984 a volunteer organization conducted a search of Barbara’s old house and underneath the front porch found a shallow grave containing human bones. Police identified the bones as belonging to Lisa DeCarr based on information from her Mother and a partial dental records match on a single tooth.
Following the discovery of Lisa’s body, Barbara DeCarr told police that her former boyfriend Wayne Tompkins was the last person to see Lisa alive. Based on this information Mr. Tompkins was indicted. In March of 1985 the prosecutor contacted Kathy Stevens, Lisa’s friend. Her initial story had been that Lisa had run away to New York and kept in touch with her however, after speaking with prosecutors she changed her story claiming she had witnessed Mr. Tompkins strangle Lisa on the Morning of March 24th 1983 around 8:30 am. Prior to trial, Kenneth Turco, Tompkins’ cell mate, came forward alleging that Wayne Tompkins had confessed to the murder of Lisa DeCarr. Turco had previously served as a confidential informant and his confession was so aligned with Kathy Steven’s story that the defense argued he must have had access to her statements. At this point Barbara DeCarr changed her initial story that Tompkins took her son to school the day of Lisa’s disappearance and returned after 9:00 am to she left at 8:30 am and that Tompkins was still at the house, making Kathy’s story possible.
In the course of collateral proceedings exculpatory evidence has come forward which demonstrates Kathy Steven’s story may have been largely untrue. In post-conviction proceedings Tompkins learned that Kathy had changed her story only after getting access to her incarcerated boyfriend and there were a number of witness’ statements in the school records which claimed that Lisa ran away when she became pregnant and had been seen in April and May of 1983. In 1989 Tompkins presented the testimony of Gladys Staley who testified she spoke with Lisa in the early afternoon of March 24th of 1983. Gladys had informed the police of this interaction however the prosecution did not list her as a witness and the defense was not informed of her statements. In 2002 Lisa’s boyfriend James “Junior” Davis contradicted Kathy Stevens account in a sworn affidavit that he had not seen Kathy the morning of the disappearance as she claimed. On October 30th 2008 the state disclosed a sworn statement from Kenneth Turco, the jail house informant, which stated the prosecution told him to include the fact that Lisa was buried with a purse in his story, a major element of the prosecution’s theory, and then following his testimony Mr. Turco’s charges which he had already pled guilty to were dismissed. Mr. Tomkins maintains his innocence to this day.
Govenor Charlie Crist stayed the execution of Wayne Tompkins on October 6, 2008, to allow time for DNA testing. Such testing could show that the body that was found under the porch was not that of the victim, Lisa DeCarr, at all, meaning Tompkins was convicted of a murder that never took place. Now, he is only half a day away from being executed. The troubling aspects of this case are myriad. Involved are bad eyewitness testimony, changing stories after interrogations, a questionable jailhouse snitch, bad forensic science, DNA testing’s unprecendented probative value being ignored, and the possibility of actual innocence coupled with an impending execution. It’s hard to imagine a more convoluted and unreliable process of justice playing out in our system. Please take this opportunity to call or email Governor Crist. Florida could become the first state to execute an innocent man. Concerned citizens everywhere should act now.
Contact Governor Charlie Crist
Phone: 850-488-7146
Fax: 850-487-0801
Email: Charlie.Crist@myflorida.com
For those who are interested, the Innocence Project’s website contains press releases and additional information.
February 11, 2009 at 12:40 pm
Posted in: Criminal Law
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Responses (17)
Orin Kerr - February 11, 2009 at 1:49 pm
A bit of googilng suggests that Tompkins has been on death row since 1986, and that he has had executions scheduled and then stayed since the 1980s. I haven’t done more than a minute or two of research into the case myself, so I can’t comment on the evidence in any informed way, but I think it’s interesting that the 6 hours left to act follows almost a quarter century of Tompkins being on death row.
Alexander Wolfe - February 11, 2009 at 4:24 pm
Well, it doesn’t sound to me as if the Innocence Project waited until the day of execution to start seriously working on Tompkins case, so I’m not sure what that comment is meant to imply.
The fact that there is less clarity in the case now than their was twenty-five years ago, does not to me seem to suggest that we should hurry up and execute people more quickly.
krs - February 11, 2009 at 7:29 pm
Tompkins was executed by lethal injection this evening and pronounced dead at about 6:30.
http://www2.tbo.com/content/2009/feb/11/111844/tompkins-tampa-teens-killer-set-execution-tonight/news-breaking/
Orin Kerr - February 12, 2009 at 2:37 am
Alexander Wolfe,
I suppose my comment was meant to suggest that there wasn’t a rush to “hurry up and execute people more quickly” in this case. Although it’s puzzling to me that, if I understand you correctly, you apparently took my comment as a suggestion to do such a thing (which it was not).
Agent 99 - February 12, 2009 at 10:12 am
Quote:
Following the discovery of Lisa’s body, Barbara DeCarr told police that her former boyfriend Wayne Tompkins was the last person to see Lisa alive.
Following the discovery of Lisa’s body?
What a slip by the Innocence Project.
Mose - February 12, 2009 at 2:27 pm
The Innocence Project never met a death row inmate that, in their view, didn’t have legitimate grounds to either delay or set aside a death sentence. They may be right one of these days, but they’ve shouted “Wolf” so many times that it’s hard to take any one case seriously.
Wayne Thompkins’ murder conviction withstood 24 years worth of appeals. He was previously convicted of kidnapping and rape. His sentence was appropriate. I take no satisfaction in his death, but I am glad the sentence was carried out.
krs - February 12, 2009 at 3:57 pm
Mose, the Innocence Project can be a bit zealous, but I think it’s fair to say they are selective in which executions they seek to delay or have set aside, and they probably have a better claim to being after “the truth” than most any anti-death-penalty group.
As they freely acknowledge, sometimes their DNA testing reaffirms guilt.
http://www.innocenceproject.org/Content/105.php
Also, I’m not sure precisely what the relationship is between the “Innocence Project of Florida” and the better known “Innocence Project.”
Sissel - February 13, 2009 at 8:54 am
You missed the point.
There are still items that need to be DNA tested by labs The Innocence Project uses.
The testing done by FDLE is not based on advanced DNA technology and was used as an alibi for Crist to say he has conducted DNA testing that came out inconclusive.
There is only the word of Barbara – Lisas mother -to say the body in the garden is Lisa.
When was she is credible witness?
What did the prosecutor Mike Benito do in this case? He ” helped” the jailhousesnitch to add evidence details to his testimony.
Look into the misconduct of the prosecution done to get an easy conviction of Wayne Tompkins.
Why this long time to prove his innocence?
The State of Florida denied in 2001 that there were DNA items to DNA test. They said they were LOST.
Only after the report from FDLE of what was available to test, was the truth of this revealed.
Florida cannot take more exonerations. It is too costly to pay the compensation. Wayne Tompkins wrongful conviction issues had to be silenced in one week, after new aspects were disclosed
So he is killed.
Compare to the wrongful Florida cases of Juan Melendez and Rudolph Holton. Or Frank Lee Smith, who was exonerated posthumously by DNA in Florida.
Why did they all wait so long on death row for their freedom?
Because this legal system does not work
Innocence does not matter in US.
This case is full of the worst of a death penalty conviction. Only the alert eye will look in.
Continue to silence the cases by killing those who cry out their innocence.
Sissel
bclisoplayer - February 15, 2009 at 11:36 pm
you would feel different if it was your family member
bclisoplayer - February 15, 2009 at 11:36 pm
you would feel different if it was your family member
Ron Barton - February 17, 2009 at 3:09 am
It appears to me that ‘The Innocence Project’ is just against the death penalty period and will do whatever they can to save the lives of these death row scumbags. There will always be critics but the masses have spoken and death is the penalty for murder and justly so!
I wonder if they will have pleas for the likes of Oba Chandler 6 hours before his just reward? I have no qualms nor guilt feelings at all to say kill all the SOBs – if they need an executioer I’ll volunteer at no cost to the taxpayers.
michelle - February 17, 2009 at 10:27 pm
when do you stop living in fantasyland? i understand some people believe in fighting for a cause but there has to come a time to stop and get real. unfortunately it is Lisa. her family wishes it wasn’t her but we accept and know it is her. enough time and resources have been wasted on wayne. he was guilty of killling Lisa and one he was never convicted of Jessica LaDonna Albach. He was evil a monster and nobody is going to miss him except his lawyer. its all a money scam and florida needs to stop all this phony garbage. everyone knows it is lisa and wayne did it they just cant believe after 25 yrs he finally ran out of luck. i thank God it is done–MOVE ON.
michelle - February 17, 2009 at 10:27 pm
when do you stop living in fantasyland? i understand some people believe in fighting for a cause but there has to come a time to stop and get real. unfortunately it is Lisa. her family wishes it wasn’t her but we accept and know it is her. enough time and resources have been wasted on wayne. he was guilty of killling Lisa and one he was never convicted of Jessica LaDonna Albach. He was evil a monster and nobody is going to miss him except his lawyer. its all a money scam and florida needs to stop all this phony garbage. everyone knows it is lisa and wayne did it they just cant believe after 25 yrs he finally ran out of luck. i thank God it is done–MOVE ON.
bclisoplayer - March 11, 2009 at 7:29 pm
these people never had anything bad happen to them in their lives so they figure everybody is innocent. i bet they felt ted bundy was innocent and his victims are still alive. get out of the twilight zone innocence project nd come back to reality. you can waste all your money on testing but h’s still a rotting corpse. so you los!!
bclisoplayer - March 11, 2009 at 7:29 pm
these people never had anything bad happen to them in their lives so they figure everybody is innocent. i bet they felt ted bundy was innocent and his victims are still alive. get out of the twilight zone innocence project nd come back to reality. you can waste all your money on testing but h’s still a rotting corpse. so you los!!
Glenda Tompkins - July 11, 2009 at 10:45 am
Wayne Tompkins a truly innocent man was my family member. I was married to him for 5 years. I knew him, the people in his case and the whole case better than all of you. He was a victim of crime just as much as any other victim. The only difference is he was murdered by the prosecution and just about every judge on his case. I wonder how any of them can sleep at night. What if the DNA testong proves that the remains were not Lisa. Too late to say sorry. Lisa was not identified by any dental comparrison. There were no dental xrays to compare anything with. So to put it bluntly Florida has knowingly executed an innocent man!
I loved him with all my heart and now I find myself a victim. Well done Florida!
michelle hayes - July 17, 2009 at 7:04 pm
glenda,
for the record she was identified by her one tooth, jewelry and clothes. as one judge stated there was a ponderance upon ponderance of evidence. how can you stick up for him when you knew he was a rapist. he admitted to the rapes.
remember you met and married him when he was on death row so how can you “know” him better than anyone. my family begs to differ. he was a very violent man just ask my siblings especially my brothers. no he was not innocent he got what he deserved and you certainly are not a victim. A) you met & married him when he was on death row
B) you divorced him.
C) you hardly visited him so whats the deal.
if you want to dicuss this more email me at mhayes3508@aol.com
Lisa DeCarr’s sister Michelle.
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