Out of the Past: Clarence Earl Gideon Part 2
MARLENE WOMACK
EDITOR'S NOTE: This is the second of a three-part series on Clarence Earl Gideon who brought about the landmark ruling of an accused felon's right to counsel in Florida.
At Gideon's first trial, which took place on August 4, 1961, a frail, graying Gideon represented himself when he found Florida law provided court-appointed attorneys only in capital crimes and some special cases.
In an interview with the News-Herald, Gideon said that "before the trial, I didn't think much about it. I just took it for granted I would get a lawyer. I thought it was required under the Constitution."
Gideon presented an array of witnesses that included policeman Henry Berryhill; deputy sheriff Duell Pitts, Jr.; a cab driver; Preston Bray; Mrs. Irene Rhodes; and three others: the owner of the building and two employees. He ended with Mrs. Velva Estelle Morris, the owner of the Bay Harbor Hotel.
When asked about Gideon's handling of the case, Judge Robert L. McCrary said in his opinion Gideon had both the mental capacity and the experience in the courtroom at previous trials to adequately conduct his defense. But his case needed an attorney.
On August 25, 1961, Gideon drew a five-year prison sentence at Raiford.
When he began his sentence, Gideon believed he was denied his constitutional rights. He • researched the law but found only a few books available to study in the prison library. He derived additional information from fellow prisoners who had been involved in court cases and others who knew a little concerning legal procedures.
In an interview, Gideon commented. "a little bit from one fellow, and something else from another man and it started to fall into place."
The Florida Supreme Court turned down his plea for a new trial, which he based on the contention that he was convicted and sentenced without benefit of counsel.
Gideon next penned, laboriously in longhand, a 5-five page petition to the U.S. Supreme Court, asking for his appeal be heard. When questioned about the letter's content he said, "No,! didn't try to use any legal language. I just tried to write it simple and say what I believed and made my points."
The Supreme Court was ready to discuss Gideon's case on June 22, 1962. His appeal was the last one for the court before the summer recess. Chief Justice Warren selected Abe Fortas as the attorney to represent Gideon.
A New Trial
The Court's decision in this case became a legal landmark, overturning the Florida Supreme Court and ordering a new trial for Gideon on the grounds of lack of a defense attorney. The court ruled he was entitled to representation under the Constitution.
Besides Florida, the Supreme Court also ruled that four other states (North Carolina, Alabama, Mississippi and South Carolina) would supply counsel for indigent persons accused of felonies.
Tobias Simon, attorney for the Florida Civil Liberties League, had also been requested by letter to help Gideon in his bid for freedom. But Gideon chose W. Fred Turner of Panama City to defend him in his next trial.
McCrary set a new trial date of August 51h. Gideon was adamant about filing his own motions because he didn't trust the court system. He said if he was going back to the penitentiary he wanted to do it his way.
The judge offered to free Gideon on $1,1300 bail before his trial, but he could not raise the money and remained in jail.
Buildings Gone
Today, the location where the Bar Harbor Pool and Bar stood is a vacant lot. The buildings were torn down years ago. But Turner saw the place when he canvassed the neighborhood in August 1963. According to Lewis, he spent three days nosing around Bay Harbor, checking out the place and talking with people in preparation for the trial. He knew the case was important, and he intended to win it.
On August 5, the trial began promptly at 9 a.m. with Judge Robert L. McCrary presiding. The original prosecutor, Asst. State Attorney William E. Harris, was present. He was joined by his boss, state attorney for the circuit, J. Frank Adams, who also was well aware of the importance of this case. Another assistant state attorney, J. Paul Griffiths, sat beside them. They were confident they would win the case.
A six-man jury was picked from a venire of 28 with three men challenged, two by Turner and one by Harris.
Henry Cook, 22, was the first witness called. He testified that he was returning from a dance at Apalachicola with others the morning of June 3, and they dropped him off by the poolroom. He intended to hang around until the place opened at 7 a.m. Cook said that he looked into the window of the pool room and saw the defendant standing near a cigarette machine.
Next week: W. Fred Turner's research