The criminal justice system often is not perfect, but justice cries out for Oba Chandler to take his last breath Nov. 15 for the horrific murders of an Ohio woman and her two teenage daughters on Tampa Bay 22 years ago.
The latest development in one of the region's most ghastly cases occurred last week when Pinellas-Pasco Circuit Court Judge Phillip Federico turned down a last-gasp appeal by Chandler and his attorney. Chandler, whose death warrant was signed by Gov. Rick Scott, is scheduled to be executed Nov. 15, but Federico's decision has been appealed.
Pinellas-Pasco Circuit Judge Susan Schaeffer sentenced the former aluminum contractor to death in 1994 after a jury recommended he pay with his life for killing Joan Rogers and daughters Michelle and Christe, who had been vacationing in the Tampa area, in the spring of 1989.
Their bodies, nude from the waist down, were found in the bay bound with ropes and duct tape, and with cement blocks tied around their necks. They had been lured on a sunset boating cruise by Chandler.
According to trial testimony and forensic evidence, the three either were strangled or drowned after more than likely being sexually assaulted. And they probably saw the one before them being thrown overboard.
"Imagine the terror," Schaeffer said in sentencing Chandler.
We can't.
Chandler's monstrous acts illustrate why Florida still needs a death penalty despite ongoing controversies over innocent death row inmates and whether lethal injection is cruel punishment, among other debates about capital punishment.
The investigation and trial clearly proved Chandler was the killer. He admitted meeting the tourists. He made incriminating statements to out-of-state relatives — after fleeing the area when a composite sketch of him was released to the public — and to a former cellmate. And he had raped another tourist in similar fashion on his boat less than a month before the murders.
Chandler concocted a story on the witness stand to try to explain away his presence on the water, claiming his boat malfunctioned and that he flagged down a Coast Guard boat for help. The claims were resoundingly shot down by witnesses.
The jury needed only 10 minutes to decide Chandler was guilty of three counts of first-degree murder, and the 12-member jury's recommendation for death was unanimous . Those facts are powerful statements.
"The man is a mutation of a human being," jury foreman Linda Jones said after the trial, "and he needs to be destroyed."
Further validating Chandler's guilt is that twice the state Supreme Court has rejected his appeals and affirmed his death sentence.
Now Chandler is trying to use after-the-fact federal court rulings, including a 2002 U.S. Supreme Court decision, to avert his much-deserved date with the needle.
Of particular importance is a ruling by U.S. District Judge Jose E. Martinez of Miami in June. Martinez said the method Florida uses to sentence defendants to death in capital murder cases is unconstitutional because juries — not judges — should be responsible for specifying why death should be imposed.
In Chandler's case, Schaeffer cited four "aggravating" circumstances warranting death: Chandler had a record of two armed robberies, the victims were killed during a kidnapping, they were killed so Chandler could avoid arrest, and the murders were heinous, atrocious or cruel. All justify his execution.
Federico's ruling last Monday left no room for doubt: The federal cases cited by Chandler's lawyer were ruled on after Chandler was convicted and don't apply retroactively. This is common sense. A line has to be drawn in the legal system somewhere so victims and their survivors can receive justice. The appeals process already is far too long.
Granted, the Florida Legislature may need to amend the state's death penalty statute in response to Martinez's ruling for future cases. But Chandler received a fair trial and has benefitted from thorough appellate reviews. He also benefits from the state's retirement of the electric chair, the use of which would be fitting, considering Chandler's crimes.
The taking of any life, even that of a ruthless murderer, is a monumental decision. The death penalty should be used sparingly and with the utmost care. But there shouldn't be any doubt that Chandler's death sentence is just and legally sound. It should be carried out.
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