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"
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