Kathy E <[EMAIL PROTECTED]> writes: This is a background report for those who are not familiar with Danny Rolling and Sandra London. ===================== The state of Florida, acting under its Civil Restitution Lien and Crime Victims'Remedy Act of 1994 (also known as Florida's "Son of Sam" law), is attempting to seize approximately $21,000 that writer Sondra London made from the sale of serial killer Danny Rolling's story to the media. The law prohibits a convicted person or a person acting on behalf of the criminal from earning money from factual accounts of the convict's crime. Prosecutors allege that London is not entitled to the money she earned from the stories on Rolling that she sold to various media outlets because at the time of the stories, she was Rolling's lover. Therefore, the state argues, relationship makes London a person acting on behalf of Rolling, and not merely an objective reporter. London claims that her relationship with Rolling is irrelevant, and her stories on Rolling were serious journalistic ventures. The defendant argues that she deserves the money she has earned from her work and that this case is really a violation of her right to free speech under the First Amendment. The state wants to enforce a lien, or legal claim, on any profits connected to Rolling's that would go to London and Rolling. Prosecutors want the money to compensate the families of Rolling's victims and help pay his legal and prison housing bills. London is asking the court to find Florida's "Son of Sam" law unconstitutional because it restrains free speech. Romance with a Serial Killer Danny Rolling admitted to killing five college students in or around the University of Florida in Gainesville in 1990. In 1994, he pleaded guilty to five counts of first-degree murder, three charges of sexual battery, and three counts of armed burglary in the deaths of Sonja Larson, Christina Powell, Christa Hoyt, Tracey Paules, and Manuel Taboada. Rolling was sentenced to the death penalty. While he awaits his execution, his case is currently on appeal before the Florida Supreme Court. London, a free-lance writer, became engaged to Rolling in 1993. She covered Rolling's case for The National Enquirer and "A Current Affair." A five-part series on Rolling's story in the tabloid The Globe and two books from London, The Making of a Serial Killer and Knockin' on Joe: Voices from Death Row, soon followed. Florida officials have been trying to preventing London from collecting any Rolling-related profits since 1994. (London earned $15,000 from the Globe series and about $6,000 from the two books. The Making of a Serial Killer contained Rolling's confession; Voices from Death Row contained the writings of Rolling and another convict London used to date, Gerard John Schaefer.) An original contract stipulated that money unable to go to Rolling would then be transferred to London or Rolling's brother, Kevin. Since then, Kevin Rolling has waived any rights to money earned from works about his brother. In April 1997, the temporary injunction was placed on the money Rolling and London had earned on the books and articles. London had also posted web pages on America Online featuring essays and artwork by Rolling. However, in September 1997, AOL removed the pages from its system. An Issue of Unlawful Profit or The First Amendment? One of the central issues is whether in her works, London has acted as a journalist or an agent working on behalf of Rolling. London ended her engagement to Rolling in June 1996 and claims that her contractual agreement with him ended as well. Therefore, London claims, since Rolling has relinquished his right to the money earned from the books and articles, she is entitled to her profits. However, London claims that Florida's Civil Restitution Lien and Crime Victims' Remedy Act is unconstitutional because it restrains her right to Freedom of Speech. This case seems destined for the U.S. Supreme Court because the Florida law closely resembles various "Son of Sam" laws which the Court has already ruled violate the First Amendment. The Ruling On Dec. 31, 1997, Judge Martha Ann Lott ruled that the State of Florida could seize the profits that Sondra London made on her story collaborations with Danny Rolling. In her decision, Judge Lott said that London's projects with Rolling were indeed subject to the state law that bars convicted felons like Rolling from profiting from stories and artwork related to their crimes. The ruling was the first to use a version of New York's "Son of Sam" law against an author collaborating with a convicted felon. The U.S. Supreme Court declared New York's "Son of Sam" law unconstitutional in 1991, but the Florida law has never been challenged in appellate court. Sondra London has indicated that she will appeal Judge Lott's ruling. The Aftermath By March, 1998, Sondra London still had not relinquished her profits to the State of Florida. So, in a hearing scheduled to be held on March 20, 1998 (it was original set for March 6), the state, acting on behalf of the families of Danny Rolling's victims, will ask a Judge Lott to force London to comply with her ruling and threaten her with jail time for contempt of court. -- Kathy E "I can only please one person a day, today is NOT your day, and tomorrow isn't looking too good for you either" http://members.delphi.com/kathylaw/ Law & Issues Mailing List http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories http://www.geocities.com/CapitolHill/Lobby/2990/law.htm Crime photo's Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues