Modified Clemency Urged for ‘Mercy Killer’ in Fla.

Gov. Bob Graham, choosing the middle ground, recommended today that 76-year-old Roswell Gilbert be released from prison during an appeal of his 25-year prison term for the “mercy killing” of his terminally ill wife of 51 years.

Gilbert’s appeal could take up to two years and Graham said he would be willing to consider another clemency appeal if the conviction is upheld.

The governor could have recommended absolute clemency. His decision must be accepted by three of the six Florida Cabinet members before Gilbert can be released from the Avon Park Correctional Institute.

“I feel justice would be served by the 76-year-old sick man being able to continue his appeal from his home, rather than prison,” Graham said at a news conference.

Gilbert was convicted of first-degree murder for the March 4 shooting death of his wife, Emily, 73, who suffered from Alzheimer’s disease and osteoporosis, a degenerative bone malady.

The conviction, which carries a mandatory 25-year prison term without parole, has been appealed by Gilbert’s lawyers.

A survey of Graham’s Cabinet today showed two members supported Graham’s recommendation, two opposed it and two were undecided. The undecided Cabinet members said they do not intend to reach a decision until next week.

The retired engineer claims he killed his wife in their oceanfront Fort Lauderdale condominium after she repeatedly begged him to end her suffering.

Prosecutors, however, insist Gilbert crept up behind his wife and pumped two shots from a 9 millimeter Luger pistol into her head because she had become a burden. They also warned that any reduction in Gilbert’s sentence might prompt “mercy killings” by relatives of other terminally ill patients.

The case has attracted national attention, at least partly because of the increased anxiety about Alzheimer’s among an aging population. The incurable disease causes progressive senility in its victims, who fade in and out of reality and often must be restrained in hospital beds.

Gilbert himself has drawn widespread public sympathy, and a Florida newspaper poll last month showed 63% support for his clemency bid.