John Arthur Spenkelink (March 29, 1949 – May 25, 1979) was an American convicted murderer. He was executed in 1979, the first convicted criminal to be executed in Florida after
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
was reinstated in 1976, and the second (after
Gary Gilmore
Gary Mark Gilmore (born Faye Robert Coffman; December 4, 1940 – January 17, 1977) was an American criminal who gained international attention for demanding the implementation of his death sentence for two murders he had admitted to committing ...
) in the United States.
Crime
Spenkelink escaped from a California prison in 1972, where he was serving a five-years-to-life sentence for armed robbery of a fast-food restaurant, five gas stations and two people. On February 4, 1973, the 24-year-old Spenkelink picked up hitchhiker Joseph J. Szymankiewicz and checked into a hotel in
Tallahassee, Florida
Tallahassee ( ) is the capital city of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County, Florida, Leon County. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In ...
. The two had been on an apparent robbery spree.
The two got into a heated argument, Spenkelink left the hotel room and upon his return shot Szymankiewicz in the back and beat him with a
hatchet
A hatchet (from the Old French , a diminutive form of ''hache'', 'axe' of Germanic origin) is a single-handed striking tool with a sharp blade on one side used to cut and split wood, and a hammerhead on the other side. Hatchets may also be use ...
.
Less than a week later, Spenkelink was arrested on suspicion of armed robbery in
Buena Park, California
Buena Park (''Buena'', Spanish for "Good") is a city in Orange County, California, United States. As of the 2020 census its population was 84,034. It is the location of several tourist attractions, namely Knott's Berry Farm. It is about 12 mi ...
and the murder weapon was found in an apartment of one of Spenkelink's associates.
Spenkelink claimed he had acted in self-defense—that Szymankiewicz had stolen his money, forced him to play
Russian roulette, and sexually assaulted him.
After he was charged, Spenkelink turned down a
plea bargain
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
to
second-degree murder that would have resulted in a
life sentence
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
. In 1973 he was convicted of
first-degree murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...
and
sentenced to death
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. Frank Brumm was also tried as a co-defendant for the murder but was acquitted.
After Brumm's acquittal he said Spenkelink had offered him $1,000 to “get rid of” a friend, and that he and Spenkelink both shot Syzmankiewicz and beat him with the hatchet. After Szymankiewicz was dead, Brumm said he and Spenkelink finished a bottle of gin over the body.
Death Penalty
In a
1972 court case, the U.S. Supreme Court struck down death penalty schemes in all states, ruling that it had been applied unfairly. Florida and other states rushed to rewrite less-arbitrary laws.
Spenkelink appealed his sentence, but in 1977, Governor
Reubin Askew
Reubin O'Donovan Askew (September 11, 1928 – March 13, 2014) was an American politician, who served as the 37th governor of Florida from 1971 to 1979. A member of the Democratic Party, he served as the 7th U.S. Trade representative from 1979 ...
of Florida signed Spenkelink's first
death warrant
An execution warrant (also called death warrant or black warrant) is a writ that authorizes the execution of a condemned person. An execution warrant is not to be confused with a " license to kill", which operates like an arrest warrant but ...
. In 1979 Askew's successor, Governor
Bob Graham
Daniel Robert "Bob" Graham (born November 9, 1936) is an American lawyer, author, and politician who served as the 38th governor of Florida from 1979 to 1987 and a United States senator from Florida from 1987 to 2005. He is a member of the Dem ...
, signed a second death warrant. Spenkelink continued to appeal, earning stays from both the
U.S Court of Appeals and the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, but both stays were overturned, meaning that Spenkelink would be the first man put to death involuntarily (
Gilmore had insisted he wanted to die) since executions were resumed in the U.S. in 1976.
Spenkelink's case became a national ''
cause célèbre
A cause célèbre (,''Collins English Dictionary – Complete and Unabridged'', 12th Edition, 2014. S.v. "cause célèbre". Retrieved November 30, 2018 from https://www.thefreedictionary.com/cause+c%c3%a9l%c3%a8bre ,''Random House Kernerman Webs ...
'', encompassing both the broader debate over the morality of the death penalty and the narrower question of whether capital punishment fit Spenkelink's crime. His cause was taken up by former Florida Governor
LeRoy Collins
Thomas LeRoy Collins (March 10, 1909 – March 12, 1991) was an American politician who served as the 33rd Governor of Florida. Collins began his governorship after winning a special election in 1954, was elected to a four-year term in 1956 ...
, actor
Alan Alda
Alan Alda (; born Alphonso Joseph D'Abruzzo; January 28, 1936) is an American actor, screenwriter, and director. A six-time Emmy Award and Golden Globe Award winner, he is best known for playing Captain Benjamin "Hawkeye" Pierce in the war co ...
, and singer
Joan Baez
Joan Chandos Baez (; born January 9, 1941) is an American singer, songwriter, musician, and activist. Her contemporary folk music often includes songs of protest and social justice. Baez has performed publicly for over 60 years, releasing more ...
, among many others.
[Von Drehle, David. ''Among the Lowest of the Dead: Inside Death Row''. New York: Fawcett Crest (imprint of Ballantine Books), 1996. pp. 49-51] Also at issue was whether capital punishment discriminated against the poor and underprivileged—Spenkelink often signed his prison correspondence with the epigram, "capital punishment means those without capital get the punishment."
The execution was finally carried out on May 25, 1979, in "
Old Sparky
Old Sparky is the nickname of the electric chairs in Arkansas, Connecticut, Florida, Georgia, Illinois, Kentucky, Nebraska, New York, Ohio, Oklahoma, South Carolina, Texas, Virginia, and West Virginia. Old Smokey was the nickname of the electric ...
", the
Florida State Prison
Florida State Prison (FSP), otherwise known as Raiford Prison, is a correctional institution located in unincorporated Bradford County, Florida. It was formerly known as the "Florida State Prison-East Unit" as it was originally part of Florida St ...
electric chair. That morning,
Doug Tracht
Doug Tracht is an American radio, television, and movie personality. He is nicknamed "The Greaseman".
Personal
Tracht was born and grew up in the South Bronx with his younger sister, Diana, and parents, Alfred and Gertrude Tracht. His father was ...
, a popular Jacksonville
disc jockey
A disc jockey, more commonly abbreviated as DJ, is a person who plays recorded music for an audience. Types of DJs include Radio personality, radio DJs (who host programs on music radio stations), club DJs (who work at a nightclub or music f ...
, aired a recording of sizzling bacon on his radio program and dedicated it to Spenkelink.
Aftermath
Abuse allegations
Shortly after Spenkelink's execution and burial at
Rose Hills Memorial Park
Rose Hills Memorial Park is located in Whittier, California. It is currently owned and operated by Service Corporation International (formerly, Loewen Group). It claims to be the largest cemetery in North America.
Sites
; Mausoleums
* Whittier ...
, another Florida death row inmate alleged that prison officials had manhandled and assaulted Spenkelink during preparation for his execution. Several decisions lent credence to these allegations: corrections officials had obscured the death chamber's viewing window while Spenkelink was strapped to the electric chair, citing anonymity concerns; the county did not perform an autopsy on Spenkelink (in violation of state law) because the county coroner considered it a redundant and prohibitively expensive policy; and the prison superintendent had limited visits from family and clergy on Spenkelink's execution day, citing fear of a suicide attempt.
Governor Graham commissioned an investigation, which in September 1979 concluded that Spenkelink had been "taunted" and had loud exchanges with prison guards and staff immediately before his execution, but had not been physically abused. Florida corrections officials responded by allowing witnesses to see the complete execution process going forward.
Florida's counties now perform autopsies on all executed inmates.
Murder allegations
In spite of the state's investigation, a rumor began that Spenkelink had been murdered prior to his being brought into the death chamber. The rumor reached Spenkelink's mother Lois, who, after encouragement from a spiritual advisor, paid to have her son's body exhumed for a
post-mortem examination
An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any dis ...
. On March 6, 1981, Los Angeles County Coroner
Thomas Noguchi
is the former Chief Medical Examiner-Coroner for the County of Los Angeles. Popularly known as the "coroner to the stars", Noguchi determined the cause of death in many high-profile cases in Hollywood during the 1960s and 1970s. He performed a ...
announced his finding that the cause of Spenkelink's death was indeed electrocution.
See also
*
Capital punishment in Florida
Capital punishment is a legal penalty in the U.S. state of Florida.
Since 1976, the state has executed 99 convicted murderers, all at Florida State Prison. As of July 8, 2021, 327 offenders are awaiting execution.
History
Florida performed ...
*
Capital punishment in the United States
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 s ...
*
List of people executed in Florida
The following is a list of people executed by the U.S. state of Florida since capital punishment was resumed in the United States in 1976.
The total amounts to 103 people. Of the 103 people executed, 44 have been executed by electrocution and 59 h ...
References
General references
Execution List - Florida Department of Corrections
External links
s of 2015, behind paywallArticle on Spenkelink and others - St. Petersburg Times*
{{DEFAULTSORT:Spenkelink, John Arthur
1949 births
1979 deaths
People executed for murder
20th-century executions by Florida
People executed by Florida by electric chair
People convicted of murder by Florida
American people convicted of murder
People from Le Mars, Iowa
20th-century executions of American people
Executed people from Iowa
Burials at Rose Hills Memorial Park