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January 10, 2007
Convicted killer of Jimmy Ryce makes last-ditch appeal
Topics:The man who was convicted of murdering 9-year-old Jimmy Ryce appealed for a new trial as the boy's mother watched in anguish in a Miami-Dade court.Claudine Ryce, sitting in a Miami-Dade courtroom Tuesday only a few feet away from Juan Carlos Chavez, said she had never been so close to the man who kidnapped, raped and killed her little boy more than a decade ago.
''This is harder than I thought it would be,'' Ryce said during a break. ``It's almost unbearable being this close to him. I see him, and he's such a big man, and Jimmy was so little.''
Ryce didn't want the memory of her son's death to be forgotten as Circuit Judge Marc Schumacher weighed the latest appeal from Chavez, who is on Death Row for the 1995 murder of Jimmy Ryce.
Chavez is arguing that defense attorneys were ineffective at his 1998 trial -- part of a slew of post-trial appeals he has made in an effort to get his conviction, or at least his death sentence, overturned.
Among his claims Tuesday: Public Defender Bennett Brummer wouldn't allow his assistants to fully investigate or argue the case because he was worried about being reelected and didn't want to be seen as helping such a notorious killer.
''Bennett was concerned that someone would complain about the public defender's office trying to represent that horrible, perverted defendant,'' former Assistant Public Defender Art Koch, Chavez's chief trial attorney, testified on Tuesday.
Brummer has denied Koch's claim and is expected to testify today.
BY SUSANNAH A. NESMITH
NATIONAL STORY
The little boy's disappearance and murder made national news and prompted the state Legislature to pass a law enabling judges to lock up sex offenders after they had served their sentence if the court deemed them likely to repeat the crime.
Ryce was kidnapped Sept. 11, 1995, moments after a school bus dropped him off near his Redland home.
Hundreds searched for him, then mourned three months later when his dismembered remains were found sealed in cement-filled pots behind Chavez's home.
Police arrested Chavez after his employer found the child's book bag in a trailer where Chavez was living.
Chavez confessed to kidnapping the boy at gunpoint, raping him, then shooting him when he tried to escape.
Chavez later retracted the confession. He testified during his 1998 trial -- which was moved to Orlando because of pretrial publicity -- that his employer's son was the killer.
Chavez also said he had been afraid to report the crime because he was a counterrevolutionary in Cuba and feared for his life if he were deported.
On Tuesday, Koch claimed that Brummer told him not to send investigators to check out information Chavez gave him that might support his claims of innocence. Koch also said that Brummer told him not to take depositions, then insisted he take only 30-minute depositions.
'I remember him saying to me in his office, `I don't want to pick up The Miami Herald and read where lawyers representing Chavez are keeping detectives off the street investigating crime,' '' Koch said.
Koch acknowledged that he took depositions and did not limit them to 30 minutes. He said he ultimately sent out investigators. Koch didn't raise the allegations until he left the public defender's office in 2004 -- years after Chavez was arrested.
Back then, in the middle of a bitterly contested race for reelection, Brummer said he had been forced to discipline Koch in 2003 for acting disrespectfully to staff members.
POINTING FINGERS
Another attorney, Assistant Public Defender Stephen Harper, testified Tuesday that Brummer never interfered in the case. He said Koch prevented him from properly preparing for the penalty phase of Chavez's trial.
Koch accused Harper and yet another assistant public defender, Edith Georgi, of lying and claimed they were willing to let Chavez commit perjury to try to save him from the death penalty.
''There's going to be a lot of finger-pointing among all the attorneys,'' said Chavez's post-conviction attorney, Bob Norgard, during a break in the hearing.
Georgi and Assistant Public Defender Andrew Stanton were expected to testify today.
Norgard also is arguing that Chavez didn't understand the U.S. legal system when he confessed and, therefore, the confession should be thrown out, along with any evidence police obtained because of information Chavez told them.
Norgard also said Chavez's mother had tried to abort him and he was forced to prostitute himself as a child.
The hearing is expected to continue today and Thursday, and the attorneys and Judge Schumacher may have to reconvene next week to hear from an expert who is out of the country.
Jimmy's mother said she will be there every day.
''I'm here today because Jimmy had rights, too,'' Claudine Ryce said. ``He had a right to live, the right to grow up unmolested. I don't want people to forget that this is about Jimmy.''
Posted by admin at January 10, 2007 9:29 AM
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Comments
Claudine and Don, you are in my prayers. God will help you in your strength to get through these hearings and I pray for the denial of getting a new trial. Let the sentence stay and keep the man on death row where he belongs. God bless both of you.
Roy and Sylvia,
God has answered some prayers today in the finding of two missing boys in Missouri. One has been missing since Monday and he was found alive with a boy missing since 2002. Praise God!
Love to both of you and thinking of you both,
Sherry and Murl
Posted by: Sherry Mitchell at January 12, 2007 9:51 PM