In 2014 Michael Lambrix‘s attorney filed application for leave to file second or successive habeas corpus petition based upon newly discovered evidence establishing innocence. It is an extraordinary document, revealing that:
(1) Michael was told that if he insisted on testifying, which he wished to do, he would be forced to represent himself. Thus he was forced to choose between his right to counsel, and his right to testify. When Michael did testify in 2006, the State was unable to impeach his account of what happened.
(2) The jury had preconceived opinions of Michael’s guilt, and counsel failed to strike jurors who showed bias and prejudice, after being intimidated by the judge.
(3) The defense were not allowed to impeach the State’s main witness Frances Smith, who also lied on the stand by denying that she had been given immunity from prosecution in exchange for her testimony ( which in any case was inconsistent with the autopsy evidence ).
(4) The State used scare tactics to persuade Deborah Hanzel to give false testimony to corroborate Smith’s testimony. At a post-conviction hearing, Hanzel testified that her testimony was false, and explained how she had been coerced by lead investigator “Bob” Daniels, who told her that Lambrix would harm her children if she failed to testify.
(5) At a post-conviction hearing, Smith admitted she had a sexual relationship with lead investigator Daniels, who coached her how to testify.
(6) The defense were not allowed to elicit testimony that Clarence Moore was a career criminal, and had a criminal history that included assaulting women while intoxicated.
In spite of the manifest unfairness of his trial, Michael’s application for leave to file a successive habeas petition was denied, and he remains on Florida death row, facing imminent execution.
The appeal is available here : http://www.southerninjustice.net/11th-circuit-appeal.html.
A Facebook Page has recently been created to help publicise this obvious injustice.