URGENT ACTION APPEAL
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24 February 2005
UA 46/05 Death penalty
USA (North Carolina)
William Dillard Powell (m), aged 58
William Powell, white, is scheduled to be executed in North
Carolina on 11 March 2005. He was sentenced to death in
1993 for the murder of a shop assistant, Mary Gladden.
Mary Gladden was killed on 31 October 1991 while working
at a convenience store in Shelby, Cleveland County, North
Carolina. An autopsy showed that she had died as a result of
blunt trauma to the head, inflicted by a heavy instrument. An
employee of the store said that there had long been a tyre tool
near the cash register, which was there before the murder and
not after it.
At William Powell's trial, the judge found that there was no
evidence of premeditation in the murder. The defendant was
unarmed when he entered the store. He had no history of
violence.
After the jury convicted him of first-degree murder, the trial
moved into the sentencing phase. In mitigation, the defense
presented evidence of William Powell's good character. After
his ex-wife gave up custody of their autistic and profoundly
retarded son in 1988, William Powell had assumed custody.
Experts have described this father/son relationship as "very,
very close and very, very intense and tight", and that the son
benefited greatly from his father's care. The defense also
presented evidence that William Powell had served on the
advisory council for the Parent Teacher Organization at his
son's school for students with physical or mental disabilities,
and had previously worked as a correctional officer and with
the Shelby Fire Department. Two officers from the Cleveland
County jail testified that William Powell had been a model
inmate in pre-trial detention. A mental health expert testified
that the defendant had some mental impairment, exacerbated
by alcohol and cocaine abuse. His substance addictions had
left him unable to hold a job down. He had robbed the
Shelby store in order to steal money to buy drugs. He was
intoxicated at the time of the crime.
The jury found one aggravating factor - that the murder was
committed for monetary gain - and no mitigating
circumstances. It sentenced him to death.
William Powell has had an exemplary disciplinary record on
death row, where he has been for more than a decade.
BACKGROUND INFORMATION
Amnesty International opposes the death penalty in all cases,
regardless of question of guilt or innocence, the seriousness
of the crime, or the method the state chooses to kill the
condemned prisoner. This is a punishment that is an affront
to human dignity and a part of a culture of violence rather
than a solution to it. It has not be shown to have a unique
deterrent effect, denies the possibility of rehabilitation and
reconciliation, carries the risk of irreversible error as well as
inconsistent and discriminatory application, and consumes
resources that could be used to fight violent crime and assist
those affected by it.
Today, 118 countries are abolitionist in law or practice. In this
context, the USA's claims to be a progressive force for
human rights ring hollow. It has carried out 949 executions
since 1977. North Carolina accounts for 34 of these
executions.
There is a strong moratorium movement in North Carolina
because of concerns about the fairness and reliability of the
death penalty. There have been almost 1,100 resolutions
passed calling for a moratorium on executions. These
resolutions have been passed by town councils, private
businesses, church congregations and religious organizations,
political parties, and student and community groups. Many
North Carolina newspapers have editorialized in favor of a
moratorium on executions.
RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- expressing sympathy for the family and friends of Mary
Gladden, and explaining that you are not seeking to excuse
the manner of her death or to minimize the suffering caused;
- opposing the execution of William Powell;
- noting evidence that the murder was not premeditated and
that the defendant did not have a history of violence and has
been a model inmate;
- calling on the governor to stop this execution and to
support a moratorium on executions in North Carolina.
APPEALS TO:
Governor Michael F. Easley
Office of the Governor
20301 Mail Service Center
Raleigh, NC 27699, USA
Fax: 1 919 715 3175 or 919 733 2120
Email via website:
http://www.governor.state.nc.us/email.asp?to=1
Salutation: Dear Governor
PLEASE SEND APPEALS IMMEDIATELY.
Amnesty International is a worldwide grassroots movement that
promotes and defends human rights.
This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable). Thank
you for your help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL
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