March 14, 9:30 PMOrlando Roman Catholic ExaminerMaria Mederos

Paul Scott has been on death row for 30 years for a crime he did not commit. Though he has survived five execution orders, another one may be issued any day now.

The culprit of this crime -Richard Kondian- confessed to it, served 14 years in prison, and was released 16 years ago in 1994. What caused this disparity in sentencing for the exact same crime?

To summarize the crime, the two men fought another man, resulting in the death of the third. The fatal blow was not delivered by Scott -but by Kondian- who confessed to it in detail, claiming self-defense.

He claims to have called Scott for help, as he was being attacked by a physically larger man than either of them. After the larger man -James Alessi- was subdued and tied down, Scott got scared and ran away from the scene, while Kondian stayed longer at the scene of the crime. Scott was not even aware that the man had died until he was arrested days later.

Aside from the fact that Scott did not deliver the fatal blow, there is another important issue. If both men were arrested for the same crime, one would expect similar sentences for both. How could the one who confessed to the fatal blow serve a sentence for 14 years and be released from jail 16 years ago, while the other one -who did not deliver the fatal blow- be sent to death row to be executed?

Sadly, there is a reason. Kondian’s family was able to secure enough money for good legal counsel, while Paul is practically an indigent without family support of any kind. In fact, his family life had been quite terrible since early childhood, including all sort of violence and abuse. Paul had no choice but to rely on the legal counsel assigned to him by the state.

Another important issue is the fact that Paul Scott has permanent brain damage and an I.Q of 69, placing him under the 70 score - the line denoting mental retardation - at which the state should not execute anyone to comply with federal law, since the U.S. Supreme Court ruled in 2002 that it is unconstitutional to execute retarded people because it stands in violation of the constitutional right against ‘cruel and unusual‘ punishment.

Paul has maintained his innocence -for over 30 years now- and hopes to be released to live the rest of his life as best he can. Many people who have heard of his plight, have become his advocates, writing letters, a book, and a country song, as professor Bob Pauley, 2006 winner of the William T. Dwyer Excellence in Education award in 2006. The book is called Circle of Blood, and the country song is A Prisoner’s Lament, originally recorded by country singer Susan Stryker.

Fifteen years ago, Fr. Ed McElduff, a Catholic priest met Paul Scott, and since has ‘adopted’ him as a ’son’. To Fr. Ed, Paul Scott is his hero, because despite the fact that he himself received a Purple Heart -one of the highest condecorations of courage- during his US NAVY service in World War II, he feels he could not endure what Paul has endured while knowing that he is innocent of the crime for which he has been wrongfully convicted.

Having spent many hours with Paul, I am inspired by his amazing graces of patience, faith, and acceptance. Ironically, Paul always ends up comforting me more than vice versa.   ~ Fr. Edward McElduff

Father Mac Speaks out for Paul Scott on
Death Row in FL

Though his childhood and youth were tormented and disturbing, Paul Scott’s gentle and graceful soul inspires his friends, who for decades have championed his cause -so far to no avail. Everyone who knows Paul speaks of his kindness. Professor Joseph Incandela, a PhD graduate from Princeton University, working at the Department of Religious Studies at Saint Mary’s College, became involved in Paul’s plight after assigning his students to write to prisoners at death row.

My students describe Paul as a gentle spirit, and he in turn truly loves them and appreciates their letters. Eventually, Paul wrote to me and I wrote back. ~ Dr. Joseph Incandela

Because of his I.Q. test score of 69, and also because Paul has permanent brain damage -as recorded in his neuropsychological evaluation performed by Barry M. Crown, Ph.D. for the state-  Paul is easily misled and is unable to understand the consequences of his actions.

Paul Scott has organic brain damage. This is a permanent condition. As a result of this condition, he is unable to comprehend the long-term consequences of his immediate behavior. Under stress, duress, and/or substances, he is unable to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.   ~ Dr. Barry M. Crown

Growing up, Paul was sometimes given drugs to help alleviate some of his symptoms. When he found himself unable to have access to these prescription drugs, he became addicted to the more accessible street-drugs. Some people quickly discovered that they could easily mislead him into doing things he did not feel comfortable doing. However, he was not the type to initiate any action.

A few facts from his neuropsychological evaluation ordered by the state:

Paul Scott’s intellectual capacity was objectively tested utilizing the Wechsler Adult Intelligence Scale-Revised which yielded scatter and a Full Scale IQ (DIQ) of 69. This is within the retarded rage. (The American Association or Mental Deficiency places retardation at 74 and lower.)

Abstract reasoning and problem-solving capacities as measured objectively by the Shipley Institute of living Scale is 9 years, 4 months.

Memory process assessment places Paul Scott between mental ages of 5-4 and 6-8.

He has a significant auditory selective attention disorder with a percentile rating of 1. (99 of 100 individuals would do better on this tests of auditory attention.)
Listening comprehension is at mental age 4-10.

Attention and vigilance measurement places him at mental age 6-10.

Oral vocabulary assessment (with a reasoning component) is measured at mental age 10-8;
Verbal Analogies is at mental age 5-11,
and Picture Vocabulary is at MA 11-9.
(Picture Vocabulary involves rote behavior while other language assessment require reasoning.)

Visual Closure produced a mental age of 6-11.

Concept Formation produced at mental age of 6-0.
There were no correct responses on a test measuring analysis and synthesis.

Affective decoding (ability to detect emotion from facial expression) is impaired.

He is easily led and directed.

He is unable to assess the long-term consequences of his immediate behavior.

Testing of specific frontal lobe functioning was in the significantly impaired (organic brain damage) range.

The findings of this examination indicate that Paul Scott is retarded by IQ and adaptive capacity measures. He has a diffuse, bilateral anterior neuropsychological impairment.

There is an Organic Brain Syndrome, Mixed and Frontal Lobe Syndrome.

There is likely to be a multiple causative basis - neuro-developmental complications, toxic exposure, and head trauma.

~ Barry M. Crown, Ph.D. SCOTT, Paul William Data of Contact Evaluation: 4-07-94 [http://www.paulscott.us/evaluation.htm]

Clearly, this man should not be on Death Row, if this is the place where those who perform the worst crimes belong. He should not even be in prison, though he has already served over 30 years in maximum security prison for the crime of being at the wrong place, at the wrong time.

The worst part is that unless many people find the time to flood Florida’s Gov. Crist and the Supreme Court with letters, emails and phone calls, another execution date may be scheduled, and an even greater injustice committed.

Paul Scott has no family nor wealth.  All he has is hope and a few good friends who will not give up on him. He desperately needs more friends, before it is too late.