‘Mercy Killer’ in Florida Loses Bid for Release During Appeal

A 76-year-old man serving a life sentence for what he called the “mercy killing” of his wife who suffered from Alzheimer’s disease today lost his bid for freedom when two more members of the Florida Cabinet rejected a proposal for conditional release.

“Taking one’s life or anyone else’s life is not a proper deed,” Agriculture Commissioner Doyle Conner said.

State Comptroller Gerald Lewis, who held the deciding vote, later said the age and declining health of Roswell Gilbert don’t excuse the crime.

“Mr. Gilbert is not a victim of misfortune,” Lewis said. “He is a man facing the tragic consequences of his premeditated and completely unacceptable act.”

Gov. Bob Graham last week recommended releasing Gilbert pending his appeals. The recommendation needed the approval of three Cabinet members. Two said last week they endorsed the proposal and two others rejected it.

Conner said releasing Gilbert would set a precedent for similar cases. He said he had consulted with Prosecutor Kelly Hancock, defense attorney Harry Gulkin and Martha Moran, Gilbert’s daughter, before making his decision.

“Mr. Gilbert made a choice outside the system, and now he’s embroiled in the system,” Conner said. “I don’t want to change the system to suit him.”

Appeals of the first-degree murder conviction could take years.