Local students help remove inmate from death row in Florida

Naples Daily News August 31, 2005

Gregory Keith Capehart, charged with the first-degree murder of Pasco County resident Marilyn Reeves in 1988, has been moved to the Pasco Detention Center, where he's still waiting for DNA testing that was court-ordered June 23.

"At least he's off death row. That's a victory in itself," said Lionel Decius, a May graduate of Lely High. "As soon as the DNA test is made and the results come back, he can walk through those gates a free man."

Decius, a senior last year when he and his classmates first heard of Capehart's case, led a student rally on the Collier County Courthouse steps and circulated a petition asking for the inmate's release from death row. Decius and the other students have followed Capehart's case since then, even traveling to hearings in Dade City, where the Pasco County Courthouse is located in Central Florida, with their English teacher, John Dwyer.

"I'm convinced that Greg was taken off death row because of the actions of the students," Dwyer said. "That's amazing. What a wonderful tribute to the students who worked so hard to accomplish this."

It was Dwyer who first told the students about Capehart's plight. He had heard about Capehart through Pax Christi Florida, the state chapter of the Catholic international peace movement. Decius became interested in helping Capehart because, he said, he resembled the inmate.

Beth Pershing, a May graduate from Marco Island now attending the U.S. Air Force Academy, also was actively involved in helping Capehart get removed from death row.

DNA testing was not available in 1988, when the murder was committed. Capehart, 22 at the time, contends he was at the scene but did not take part in the murder of Reeves, who was 62. Records say she had been raped, then smothered to death with a pillow as she lay on her bed. They say burglary was the motive, and that $3 was taken.

Records also say that a palm print found at the scene belonged to Capehart, but a fingerprint was never matched to his.

Capehart, convicted a year after Reeves' murder, said he was coerced into signing a confession for a crime he didn't commit. He was on death row for 16 years.

Although he's no longer on death row, Capehart, who turned 40 on Aug. 9, may not have an easy time of walking through those gates a free man.

Now the proof of choice for criminal investigations worldwide, DNA testing would be the key to Capehart's freedom, Decius and his classmates say. But the testing still has not been done.

Meanwhile, Dwyer said another problem has arisen: Capehart is handcuffed and shackled every time he leaves his cell at the Pasco Detention Center, flagged as "red dot" by detention officials. The "red dot" treatment is unjust and Capehart deserves to have it removed, Dwyer said.

"I have hope because a new judge, Lynn Tepper, has been assigned to Greg's case and she seems to be willing to help him," he said. "He has a new defense attorney, Daniel Hernandez, who also seems to want to help. Greg is really a very gentle person, and I don't believe he committed the crime he was charged with."

Neither Tepper nor Hernandez could be reached for comment. A spokeswoman in Tepper's office said Aug. 29 that a court clerk was gathering evidence for use in the testing and was working toward making arrangements for the test.

Dwyer said that if Capehart eventually is released from prison, he will be faced with some major life changes.

"His life after prison is a very 'iffy' thing," Dwyer said. "I encourage him to be thinking about what he'll do. All they give prisoners when they're released is $100 and a set of clothes to wear, and that's it."

Dwyer said he had some contacts through Pax Christi who could help Capehart find a job and a home when - and if - he's released.

"Greg has been in prison for 17 years and doesn't have anything to show for it," Dwyer said. "He can read and write now; he couldn't before. My hope and my real objective is to keep on until he's completely exonerated. We won't stop until he is."

Source: Naples Daily News