Umwandlung des Todesurteils beantragt

Im Jahr 2012 wurde ein Viertel aller Todesurteile in den USA in Florida verhängt, 2013 entfielen beinahe 20 % aller Todesurteile in den USA auf Florida. Im Jahr 2013 wurden in Florida mehr Menschen hingerichtet als in irgendeinem anderen Jahr seit 1984. Seit 1976, als der Oberste Gerichtshof der USA neue Gesetze zur Todesstrafe billigte, darunter auch das von Florida, haben nur Texas, Virginia und Oklahoma mehr Todesurteile vollstreckt. Seit 1976 hat es 1.382 Hinrichtungen in den USA gegeben, 87 davon in Florida. In diesem Jahr hat es 23 Hinrichtungen gegeben, sechs davon in Florida.

In Florida wird ein Hinrichtungstermin festgelegt, sobald die ordentlichen Rechtsmittel, die ein Gefangener vor Gericht einlegen kann, ausgeschöpft worden sind und ein Gnadengesuch abgelehnt wurde. Das Gnadengesuch von Johnny Shane Kormondy wird derzeit vom Gouverneur und den anderen Angehörigen des Begnadigungsausschusses geprüft. Es ist nicht bekannt, wann eine Entscheidung in diesem Fall getroffen wird.

Amnesty International wendet sich in allen Fällen bedingungslos gegen die Todesstrafe.

FORTSETZUNG HINTERGRUNDINFORMATIONEN(AUF ENGLISCH)
According to his clemency petition, Shane Kormondy "accepts his responsibility in this case…, has shown remorse and has grown as a human being while being in prison". He maintains that he did not shoot Gary McAdams or rape Cecilia McAdams. This is consistent with his original police statement in July 1993. In a deposition in October 1993, the detective who had taken this statement said that during the police interview, Shane Kormondy had "show[n] remorse for what had happened", had "stated to us emphatically that he was not the one who shot Mr McAdams", but was present when he was shot. According to the detective, Shane Kormondy was most emphatic that he had not raped Cecilia McAdams, and willingly allowed the authorities to take blood and saliva samples. The detective stated that he "definitely believe[d]" that Kormondy and Buffkin "were present when the man was shot" and that "Hazen was in the rear assaulting Mrs McAdams at the time the shot occurred".

At Shane Kormondy’s original 1994 trial, his lawyer presented mitigating evidence, including about his difficult childhood of abuse and neglect, his minimal education, a learning disability, and problems of addiction. At the resentencing in 1999, in front of a different judge and different jury, Shane Kormondy’s new lawyer did not present any mitigation witnesses, choosing only to cross-examine those put on by the prosecution. These again included Cecilia McAdams, who admitted that she had been unable to identify Shane Kormondy as having been in her home ("I did not see him as far as his full face"). The defence lawyer did not ask her about a statement she apparently made to police on the night of the crime because he did not know it existed. She had apparently said in this statement that two of the assailants were with her in the back room when the fatal shot was fired in the kitchen. In her trial testimony, she said there was only one man in the back room with her at the time, and her account suggested that this was Curtis Buffkin and that he was therefore not the gunman.

In 2011 the US District Court judge described this testimony as "more than a little damaging to Mr Kormondy", and also noted "the obvious fact that the events were traumatic and a person in that situation might not observe or recall the events accurately". The judge also noted that "If Mrs McAdams really said two assailants were with her when the shot was fired, it would cast at least some doubt on her ability to recall what happened. This, in turn, would cast some doubt on her statement that Mr Buffkin was with her when the shot was fired. Or so a reasonable juror or judge might conclude". The federal judge noted that the question as to whether the lawyer’s failure to bring up this prior statement at the retrial was not ineffective assistance of counsel was a "close" one. If this question was before the federal courts as an original matter, the judge continued, "one might reasonably find" that Kormondy had been prejudiced by his lawyer’s failure to impeach this witness’s reliability (in which case his death sentence would be overturned). However, it was not before the District Court as an original matter, but for federal review of the Florida Supreme Court’s finding that the legal representation had not been constitutionally inadequate. Under the deference federal courts have to give to state court rulings under US law, "Mr Kormondy is not entitled to relief on this claim".