Sept. 7
MISSISSIPPI:
Executions call for swift punishment
I am proud to be from a state that can still enforce the death penalty on
convicted criminals whose crimes warrant the death sentence.
However, when I read such articles as Perspective Editor Sid Salter's
("Death row: 69 inmates, 97 victims waiting on justice," Aug. 8), my pride
turns to frustration to see that our government allows a group of "death
row survivors" to enjoy their lives even on death row, although their
victims' lives have been ruined or ended by their hands.
The punishment of death should be carried out in a timely manner. The
punishment that the inmates inflicted on their victims was swift, so why
do they deserve to hang around? This is not even to mention the huge
expense the government incurs to feed and house this useless group of
individuals.
The denial of swift punishment by death to those who deserve it sends a
message to the thugs who are contemplating serious crimes: "Well, life on
death row ain't so bad, and they'll take care of me a long time and if I'm
lucky they'll make a law against the death penalty while I'm there."
Let's try a new approach to the death penalty. Start executing one death
row inmate per day for 69 days in a row. Then, prospective criminals just
might think again before they go execute a family like the Hargon family
of Yazoo County or beat up and stab a 90-year-old lady like Melcenia Bell
from Jackson.
Maybe this approach could work and help restore protection to our citizens
and make death row vacant, as it should be.
W.L. Solomon III----Belzoni
(source: Letter to the Editor, Clarion-Ledger, Sept. 6)
OHIO:
UC law center gets $1 million----Institute will be renamed after its
benefactors, the Rosenthals
The University of Cincinnati's Center for Law and Justice is being awarded
a $1 million endowment from local benefactors Lois and Richard Rosenthal.
The gift will be announced today at the start of Innocence Week. Other
events include a speech by attorney Barry Scheck, a member of the O.J.
Simpson defense team, and the local opening of the play The Exonerated.
The Center for Law and Justice, to be renamed the Lois and Richard
Rosenthal Institute for Justice today, was founded at the University of
Cincinnati in 2002. The institute approaches many social-welfare projects
in the city but is best known for the Ohio Innocence Project started in
2003, which seeks to exonerate wrongly imprisoned inmates by using new
information and new technologies such as DNA identification.
"The Innocence Project is truly a passion we have," said Lois Rosenthal.
"When you are of (financial) means, you can hire careful representation.
But when you are poor or not knowledgeable about the law, you are not
represented as well."
The Innocence Project has branches across the country. More than 140
wrongfully convicted inmates have been freed through their efforts.
Mark Godsey, a professor of law at the university and director of the
institute, said the endowment is an important base to continue projects in
coming years. City Councilman John Cranley is the administrative director
of the institute and advises students.
Law students who have finished their first year of school can apply to
join the institute. Students sign up for different projects or cases. Once
they receive an assignment, they work throughout the summer for a small
stipend and for at least 200 hours during the following year for course
credit.
"We have this resource of law students who are young, idealistic,
energetic and very smart. The (Lois and Richard) Rosenthal Institute for
Justice is a unique idea of tapping into all of that enthusiasm and
intellect and allow that to go to use," Godsey said.
Students work on the Innocence Project as well as various public interest
issues.
Megan Maag, 24, now a 3rd-year law student at the University of
Cincinnati, worked at the center from the summer of 2003 until the school
year ended in 2004.
Maag and her partner, Adam Tomakich, tried to pass Trina's Law while at
the center.
The pair was inspired by a former classmate, Trina Hatchett, who sued her
ex-boyfriend for trying to kill her. He was found guilty in criminal
court, but Hatchett had to retry her case in civil court. More than 40
states have laws similar to Trina's Law.
"We researched all the states that allowed this law, (to) see how they did
it," Maag said, adding that she hadn't even heard about this problem until
talking to Hatchett. "It helps victims like Trina not have to relive the
crime."
After months of research and with help from State Sen. Mark Mallory,
D-Cincinnati, the bill Maag helped write was introduced to the Ohio
Legislature in November. The legislation is pending.
Other students at the institute were concerned with Cincinnati's
environment and proposed a new law to fill a hole they said was created by
the repeal of Title X in 2002 - which shut down the office of
environmental management because of budget constraints.
Nithin Akuthota, Michael Cappel and Jim Herbe spoke with local
environmentalists, professors at the University of Cincinnati and
environmental attorneys during the summer of 2003 and then wrote a
research paper isolating the city's environmental shortcomings and
proposing a solution.
The group's paper soon helped fuel The Cincinnati Clean Air Act, which was
presented by Councilmen David Crowley and John Cranley and passed 8-1 in
City Council this May. Akuthota, 24, said the act brings back many aspects
of Title X but is more cost-effective.
Under the act, the city of Cincinnati can investigate environmental or
odor complaints by contracting with the Hamilton County Department of
Environmental Services.
"It helps a lot of disadvantaged members of our community that normally
wouldn't receive the help," Akuthota said. "A lot of the environmental and
odor pollution complaints are located in the low-income and minority
neighborhoods."
Also as part of Innocence Week, the Rosenthals helped sponsor and bring
the play The Exonerated to Cincinnati.
The play is based on the lives of death-row inmates who were wrongly
imprisoned but eventually released.
"You just get so excited thinking that you can actually do service to
these people, to recreate what they went through, to create a message of
hope that the Innocence Project exists," said director Lynn Meyers. The
Ensemble Theatre of Cincinnati is putting on the play.
"If we do our job right, you will have hope that eventually justice
prevails (after seeing the play)," Meyers said. "You will have a great
sense of knowing that the Innocence Project is in place and they're
fighting for justice, and you'll also know something really important -
that a human spirit can't be killed."
Innocence Week activities
Tuesday: Invitation-only performance of The Exonerated. Barry Scheck will
speak to the audience before the show at 6 p.m. A reception is at 7 p.m.
and the show begins at 8 p.m. For one night only, Jerry Springer, talk
show host and former Cincinnati mayor, will play the part of Gary.
Wednesday: Barry Scheck speaks at the University of Cincinnati College of
Law. The event begins at noon and is free and open to the public.
Thursday: A panel discussion titled "Politics and Theater" will be at the
Gallagher Student Center Theatre at Xavier University. Scheduled guests
include the director of The Exonerated, local politicians and local
community theater leaders. Event is free and open to the public and starts
at 2:30 p.m.
Friday: Scott Hornoff, a police officer from Rhode Island who was on death
row and wrongly convicted of killing his wife, speaks at the University of
Cincinnati College of Law in room 114 at 2 p.m. Hornoff was exonerated by
DNA evidence.
Ongoing: From Wednesday through Sept. 26, The Exonerated will be performed
Wednesdays-Saturdays at 8 p.m. and Sundays at 2 p.m. A special Tuesday
night showing on Sept. 14 will begin at 7:30 p.m. Tickets are $28 for
adults and $25 for students. All showings are at The Ensemble Theatre of
Cincinnati at 1127 Vine St. Call 421-3555 for more information.
(source: Cincinnati Enquirer)
TENNESSEE:
This is #4 of 7 in a series of weekly releases on Philip Workman that will
cover core, unresolved issues in the unjust pursuit of his execution.
Tennessee Coalition to Abolish State Killing----P.O. Box 120552 .
Nashville, Tennessee . 37212 ---- 615-329-0048
e-mail: [email protected]
Promoting Alternatives to Capital Punishment in Tennessee
For Immediate Release Contact: Randy Tatel (615) 329-0048
Executing Injustice----Governor's Advisor Blurs Boundaries of Science and
Judicial Review
Philip Workman received a stay of execution from U.S. Dist. Judge Bernice
Donald on September 2nd.
This series will continue through the September 22nd date itself.
Nashville, TN: What if you were the Governor of a medium sized southern
state and your state medical examiner failed you when it really counted?
That's a question Governor Phil Bredesen may have to answer when and if a
death warrant for Philip Ray Workman crosses his desk.
On September 15, 2003 Governor Bredesen took the unusual step of issuing a
120-day reprieve to Philip Workman because "the federal government is
conducting a criminal investigation in the Western District of Tennessee
the "federal government is conducting a criminal investigation in the
Western District of Tennessee.(that is) related to the Workman case." In
January it was extended through April 15th.
In February former Shelby County medical examiner O.C. Smith was indicted,
accused of faking his own abduction, putting the lives of his fellow law
enforcement officers at serious and imminent risk, and lying to federal
law enforcement agents.
O.C. Smith's professional credibility and his testimony in Philip
Workman's 2001 clemency hearing were tainted. The president of the
American Board of Legal Medicine suggested that Smith needed psychiatric
counseling.
Governor Bredesen then asked Levy to review the testimony of former Shelby
County medical examiner O.C Smith in the clemency hearings involving
Philip Workman. He should have been asked to review the forensics evidence
directly.
The April 15, 2004 report from State Medical Examiner's Bruce Levy's
office, Report on the Death of Ronald D. Oliver, contradicts itself
starting on page one and proceeds to offer speculation as fact. What it
fails to do is assess the ballistics evidence in the case or answer the
question of who shot Lt. Ronald Oliver based on the currently available
forensic evidence.
In the report's executive summary Levy writes, "While bullet "Q1" could be
the fatal bullet, Dr. Smith's opinion that "Q1" caused the death of Lt.
Oliver to the exclusion of all others is speculative.' Yet in a stunning
failure of logic Levy's next line reads, "In conclusion, it is my opinion
to a reasonable degree of medical certainty that Lieutenant Ronald Oliver
was killed by a single gunshot wound to the chest fired by Philip
Workman."
Again on page 10 under the sub-heading 'Who Shot Lieutenant Oliver' this
same logical contradiction arises: "Although this recovered bullet could
be the bullet that killed Lt. Oliver, Dr. Smith's opinion that it is the
fatal bullet to the exclusion of all others is speculative." Again, this
statement is immediately followed by "In conclusion, it is my opinion to a
reasonable degree of medical certainty that Lieutenant Ronald Oliver was
killed by a single gunshot wound to the chest fired by Philip Workman."
As former congressional candidate Carlton Cornett notes in his May 17
letter to the governor, "As the expert charged with developing a theory as
to how Lt. Oliver was killed by Mr. Workman, Dr. Smith should have
performed certain empirical operations from which conclusions could be
drawn (whether or not he actually performed scientifically-based tests is
an open - and important - question). By simply reviewing his testimony,
Dr. Levy is not in a position to call the central element of Dr. Smith's
explanation "speculative" and then agree "to a reasonable degree of
medical certainty" with his conclusion.
Additional conclusions drawn from a thorough reading of the report include
autopsy evidence was handled poorly and then hidden by county officials
(page 3), Levy dismisses testimony by Dr. James Bell (who performed the
autopsy) when it doesn't suit his purposes (page 5), that "it is not clear
from Dr. Smith's testimony whether he conducted adequate controls to make
his conclusions scientifically valid." (page 10)
"A medical examiner's job is grounded in forensic science and the
examination and evaluation of physical evidence," stated Randy Tatel,
executive director of the Tennessee Coalition to Abolish State Killing.
"Levy's conclusions hinged on the review of transcripts of testimony and
making a determination of which witnesses were telling the truth and which
were lying. There's nothing scientific or medical about that."
Levy's conclusion presumes that only the guns of Lt. Oliver and Philip
Workman were discharged that fateful evening. There's nothing medical
about such a presumption. In fact, the testimony of the officer from which
such a conclusion might be inferred was fabricated. The evidence of this
fabrication is in fact police documents - the Memphis Police Radio
Dispatch Log Cards. (see 8/17/04 press release)
"Officer Clyde Keenan's testimony is a total fabrication and is the basis
of the false assertion that only two guns were fired the night Lt. Oliver
tragically died," said Tatel. "The question that still needs to be
answered is the level of involvement of Attorney General's and the
District Attorney's offices in constructing the perjured testimony of
Officer Keenan."
"Neither the gun of Officer Aubrey Stoddard nor that of Officer Stephen
Parker were tested for residue that would indicate whether or not either
of their guns had been fired," said Tatel. "Now that would be science.
That would be something that Dr. Levy could base a conclusion upon. But an
opinion based solely on the transcripts of testimony, including testimony
that police records themselves establish as perjury, has no basis in
'reasonable medical' anything."
This report is a whitewash and the facts in the Workman case remain deeply
troubling. He was convicted based on the perjured testimony of Harold
Davis - the "eyewitness" who didn't see the crime (8/9/04). A key piece of
ballistics evidence, an x-ray, mysteriously disappeared for nearly 2
decades (9/1/04). A disgraced and troubled O.C. Smith offers "speculative"
testimony as fact and is now under indictment for bizarre actions that put
the lives of law enforcement officers in harms way.
(source: TCASK)
