THE CASE OF PAUL WILLIAM SCOTT

In October of 1979, Paul William Scott was sentenced to death in the
electric chair of the state of Florida for the Boca Raton, Florida
murder of James Alessi. Mr. Rick Kondian, who committed the offense,
turned himself in to Palm Beach County, Florida authorities, claiming
self defense. The altercation occurred in the home of the victim, back
in 1978, in the presence of Paul Scott. The front door deadbolt had been
locked by Mr. Alessi by key from the inside so Paul Scott had to make
his exit through the rear screening of an enclosed swimming pool. Scott
had aided Kondian briefly as a large (and nude) James Alessi (6’2”, 235
pounds) was forcing himself onto a much smaller Rick Kondian. Scott left
prior to Alessi’s death.


The murder weapon, Kondian stated, had been an unopened bottle of Dom
Perignon Champagne. Rick Kondian is left handed and he had a 5 stitch
cut on his left index finger from the wire cap around the bottle,
leaving little doubt as to who actually bludgeoned the victim and with
what weapon.


A circle of blood was found at the scene and photographed. Mr. Kondian
removed the bottle and tossed it into the nearby woods when leaving the
scene. The victim, a known homosexual, had had previous sexual
encounters with Rick Kondian. Marijuana, suspected to have been laced
with PCP (angel dust) was found at the scene. The victim had become
violent as a reaction from the marijuana. Mr. Kondian was “high” on the
same concoction, while Mr. Scott had declined to partake of the deadly
mixture.


Perhaps this was a justifiable homicide, perhaps it was manslaughter,
even 2nd degree murder by Richard Kondian. What it was not is murder
one, and certainly not by Paul William Scott.


In the courtroom, now a year later, things began to change drastically:

1. The prime suspect became Paul William Scott, a quiet, docile drifter
from Long Beach, California.
2. The police photograph of a circle of blood was strangely nowhere to
be seen or heard from.
3. A “bear” statue, with splattered blood on it (most everything in the
room had blood splattered on it) became “the murder weapon.” This weapon
was wielded by a left handed person and only Paul Scott is left handed,
avowed the prosecutor (erroneously on both counts).
4. Mr. Kondian’s confession had strangely become a denial of sorts,
leaving the jurors to believe Scott was the guilty person.
5. Mr. Kondian, whose family had considerable wealth, retained noted
criminal attorney David Roth for his defense. Roth’s strategy, according
to Kondian (speaking to other inmates), was to shift the blame in the
direction of Paul William Scott.
6. Scott, having barely the shirt on his back, was unable to defend
himself. He therefore received a court appointed attorney named George
Barrs. Barrs has been variously described as “alcoholic,” “incompetent,”
“undercompensated,” and “ineffective.” Detrimental to the defense of
Paul William Scott would certainly be an apt description.
7. The state had obtained one gentleman of questionable character named
Vince Soutullo as a witness, whose sworn statement reveals: “He (the
Boca Raton detective) told me what to say. I just said what the state
and police wanted me to say.”
8. During the trial of Paul William Scott, Mr. Barrs made no apparent
attempt to research the case, to determine Kondian’s admitted guilt, or
to locate the actual murder weapon.
9. Mr. Barrs told Scott to “Keep you mouth shut, bot,” and he kept his
own mouth closed during the trial.
10. In what turned out to be worse, far worse, than having no defense at
all, George Barrs left the jury with the impression that he felt his own
client was guilty as sin.


Since this “kangaroo” court, as it certainly was, transpired, Mr. Paul
William Scott has waited patiently in Raiford, Florida for appeal after
appeal after appeal. He has had several attorneys since Feorge Barrs who
began the piece the true story together. Mild-mannered Scott has endured
18 years of “pure hell” on Florida’s death row while the wheels of
justice slowly turned.


Rick Kondian got his case “plea bargained” down to a 2nd degree murder
sentence of 15 years which he served and was released into society. That
was in 1994. And still, Paul Scott waits in his tiny cell. No one has
been there longer than Scott, and the wheels of justice continue to
turn.


Upon being informed of these irrefutable truths, nine of Scott’s former
jurors have expressed shock and dismay in being misled, lied to and
tricked into coming forward with a guilty verdict and a death sentence.
Eight of these have, in fact, signed statements to that effect and
voiced their regret in possibly sending an innocent man, even yet, to
his death.


For reasons hard to imagine, other than the embarrassment of the
blunders they undeniably made, the circle of attorneys, judges and
lawmakers of the state of Florida continue to press for the death of
Paul William Scott. And they will not be content, it appears, until that
high-voltage electric chair has taken the final beat from Paul William
Scott’s brave heart.


According to a law case, Herrara V. Collins, of 1993, “history is
replete with examples of wrongfully convicted persons who have been
pardoned in the wake of after-discovered evidence establishing their
innocence.” Isn’t it time to say enough is enough, Florida? In the name
of justice, set this man free.


Please don’t say “no” until you know the true story of Paul William
Scott. It’s been a long time coming and it refutes so much that you may
still believe to be the truth.


And if you should send this innocent man to his death in that chair,
concerned counsel, not one of you is one-half the man that occupies that
death row cell in Raiford, Florida tonight.


And may god have mercy upon your souls.
 ENCLOSURES


Re:  Paul William Scott
       Death Row
       Raiford, Florida


10/26/90 Affidavit of Jeffrey Walsh, Investigator, Capitol Collateral
Representative (CCR), Tallahassee, Florida. Interviews with Paul Scott
and Richard Kondian. “Mr. Kondian pointed to a scar on his lift index
finger and said this is where the blood came from that resulted in my
bloody prints being found.” “Those jokers weren’t even smart enough to
figure out which finger, let alone which hand.”


8/31/94 Letter from Dr. Gabino Cuevas, State’s Medical Examiner, Palm
Beach County, Florida. Discussion of murder weapon, left vs. right hand,
sexual activity at home of James Alessi. “The photograph of a bloody
circle at the crime scene would both be consistent with a champagne
bottle being the object used to strike the fatal crushing blows.” “The
(fatal) blow could have been struck with either left or right hand or
with both hands.” “Sexual activity…was the (likely) source of the sperm
on the victim’s penis.”


Sometime in 1979 Letter from Richard Kondian to Paul Scott’s sister
Valerie during his initial incarceration. “Paul didn’t do the actual
killing. I’m afraid that’s all I can say…because I don’t want to
incriminate myself any further.”


10/25/90 More than 10 years later----Affidavit of Richard Kondian,
Cranston, Rhode Island, Codefendant of Paul William Scott. “Paul stopped
and I continued out of fear for my life, to struggle with Alessi.” “He
(Paul) never did murder anybody.”


10/28/94 Affidavit of Charles Vincent Soutullo, Baldwin County, Alabama.
State of Florida’s “star” witness in the trial of Paul William Scott. “I
went along with what the Police and State wanted me to say even if it
wasn’t accurate. I said everything they wanted me to say…” “Scott never
said anything to me.”


8/11/94 Affidavit of Dexter Coffin, Charlottesville, Virginia. Former
cellmate of Richard Kondian in special cell for obtaining information at
Palm Beach County Jail. “Rick clearly stated to me many times that he
killed James Alessi.” “I repeatedly informed them that Rick said that he
was responsible for killing James Alessi.” “Though I had daily meetings
with the State and told them numerous times that Rick was confessing to
me, they never asked me to sign such a statement or to make this
statement.”


8/14/85 Affidavit from Michael Malley, Immokalee, Florida. Former
cellmate of Richard Kondian. “Mr. Kondian had related to me…that he was
responsible for the death of the victim and Mr. Scott was innocent.”


12/08/83 Affidavit of Timothy Reinig, Buffalo, New York. Former cellmate
of Richard Kondian. “Kondian…confessed to me that he had killed James
Alessi.” “He (Scott) had run right through a screen…while he (Kondian)
was beating him (Alessi).)


12/07/82 Affidavit of Jeff R. Hastings, Palm Beach County, Florida.
Former cellmate of Richard Kondian. “Mr. Kondian said that Paul panicked
and ran out from the house so it was up to him (Kondian) to beat the
victim in the head and kill him.” “Mr. Kondian said he wasn’t worried
about getting much time as he and his family had lots of money and hired
a good attorney, Mr. Roth, who could get him a good deal…at the right
price.” “Mr. Scott had a previous record and a public defender, that he
could put all the weight on Paul and off himself, or so was his
strategy.” “Mr. Barrs (Scott’s public defender) often slept through (the
trial)…and you could smell alcohol on his breath.”


08/05/94 Affidavit of Juliann Stoddard, Royan Palm Beach, Florida. Juror
in the trial of Paul William Scott. “It is clear that Richard Kondian
was responsible…it is outrageous that Paul William Scott sits waiting to
die while Richard Kondian is a free man.” “The other jurors and I made a
very uninformed judgement of ‘guilty’ in this case.”


04/14/94 Affidavit of Yvonne Bunkley, Lantana, Florida. Juror in the
trial of Paul William Scott. “I feel that Richard Kondian is responsible
for Mr. Alessi’s death, not Paul William Scott.” “I…voted guilty because
of pressure from some of the other jurors.”


08/03/94 Affidavit of Marilyn Federico, Lighthouse Point, Florida. Juror
in the trial of Paul William Scott.     “I was the foreman of the jury…”
“Paul Scott had completely inadequate representation.” “I have serious
doubts that Paul Scott ever went to Mr. Alessi’s house for any other
purpose that to do drugs.” “ I believe that Paul Scott’s involvement in
Mr. Alessi’s death was overstated at the trial. There is clearly reason
to believe that Mr. Scott’s level of responsibility in this crime is not
as high as it appeared to me back during the trial.”


04/18/94 Affidavit of Donna Alho, Lantana, Florida. Juror in the trial
of Paul William Scott. “Paul William Scott did not receive a fair trial
because his attorney presented no defense. Paul William Scott’s attorney
did absolutely nothing.” “I feel that it was never proven who was
responsible for Mr. Alessi’s death.” “The jury heard only the
information the State wanted us to hear.”


12/02/79 Palm Beach County Sheriff’s Office Account of Sexual
Battery/Sodomy charges placed against Richard Kondian while incarcerated
in the Palm Beach County Jail. “Richard Kondian forced Charles Williams
under threat of bodily harm to commit oral sex on him (Kondian)…” In 18
years on death row, Paul William Scott has had only two minor write-ups
and no criminal charges brought against him. He has been a model
prisoner.


08/15/94 Brady v. Maryland. Excerpted from Application for Executive
Clemency for Paul William Scott. “While Mr. Kondian walks the streets
and has since 1994, Mr. Scott still sits on Florida’s Death Row awaiting
his execution date. As stated by Mr. Scott’s Clemency Hearing Attorney
Jon Moyle, ‘It is simply unjust to have this disparity of sentencing’.”

For more information e-mail ncangel@weblnk.net