MAY 2005 EXECUTION ALERT Scheduled Executions: May 3: Lonnie Pursley: (TX) http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 72 May 6: Earl Richmond Jr. (NC) http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 64 May 13: Michael Ross (CT): http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 65 May 12: George James Miller (OK): http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 66 May 18: Bryan Wolfe (TX): http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 67 May 18: Vernon Brown (MO): http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 68 May 19: Richard Cartwright (TX): http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 69 May 19: Gary Thomas Allen (OK): http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 70 Michael Ross May 13, 2005 2:01 a.m. EST http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 65 The state of Connecticut is scheduled to execute Michael Bruce Ross, a white man, on May 13, 2005 for the 1983 and 1984 New London County murders of Robin Stavinsky and minors Wandy Baribeault, Leslie Shelley, and April Brunais. All four victims were white. If the death sentence is carried out, it will be the first execution in Connecticut in nearly 45 years. In 1994, the Supreme Court overturned Ross's death sentence because the jury had not been able to consider evidence that the murders were the result of sexual sadism, a psychiatric disorder. At a re-sentencing in 2000, the jury rejected the sexual sadism claim as a mitigating factor and once again sentenced Ross to death. Ross, a graduate of Cornell University, has been diagnosed with mental illness by several mental health professionals, including the state's own psychiatrist, Dr. Robert Miller. According to evidence presented at trial, Ross' childhood consisted of abuse from his mother. His siblings testified at trial that he often received the brunt of their mother's anger through physical and mental abuse. Ross' mother was institutionalized twice for issues pertaining to suicidal tendencies and for the abuse of her children. One psychiatrist who evaluated Ross, Dr. Borden, stated, "All you have to do is look at the Norwich hospital records.and right there in black and white they talked about the child abuse going on.." Borden went on to note that there is reason to believe that the abuse was serious as it was rarely documented at that time. After spending years trying to prove that he is suffering from a mental illness which he says drove him to rape and kill eight women in total, Ross now says he prefers to be executed. He claims he believes it to be the least painful scenario for the families of his victims. The execution of the mentally ill is a deplorable violation of international human rights standards. In April 2000, the United Nations Commission on Human Rights urged all states that maintain the death penalty "not to impose it on a person suffering from any form of mental disorder" and "not to execute any such person." Ross was schedule for execution on Jan. 26, 2005 but received a stay when questions regarding his competency and legal counsel halted his execution. The Connecticut Board of Pardons and Paroles is not able to grant clemency because Ross has refused to file a clemency petition at this time. Please write to Gov. Jodi Rell asking her to grant Mr. Ross clemency on the grounds that the execution of the mentally ill violates international human rights standards. TEXAS Lonnie Pursley May 3, 2005 6:00 p.m. CST http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 72 Lonnie Pursley, a white man, is scheduled to be executed by the state of Texas on May 3, 2005 for the March 1997 murder of Robert Earl Cook, a white man, in Deer County. It is alleged that Pursley beat Cook to death on March 28, 1997. At trial, Pursley was found guilty of capital murder and sentenced to death. The death penalty is a draconian punitive measure that a has been shown to be overtly capricious and discriminatory, as well as prone to occasional error. Even in the absence of its conflict with morality and these critical flaws, capital punishment ceases to possess any type of substantive benefit over long-term incarceration that could be used to justify its use. The problem at hand is far deeper than Pursley. Remedying the very ills that led Pursley to murder should be Texas' primary concern, not extinguishing his life. Sending Pursley to death will not contribute to the resolution of these issues, nor will it in any way undo his criminal past. By taking the life of Pursley, Texas is merely contributing to a culture of violence that breeds the very type of behavior that it is seeking to prevent through Pursley's execution. The vicious cycle must stop. Please write to Gov. Rick Perry and request that he stop the execution of Lonnie Pursley. TEXAS Bryan Wolfe May 18, 2005 6:00 p.m. CST http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 67 The state of Texas is scheduled to execute Bryan Wolfe, a black man, on May 18, 2005 for the Feb. 1993 murder of Bertha Lemell, a black woman, in Jefferson County. In Feb. of 1993, Bertha Lemell was fatally stabbed in her home in Beaumont, Texas. Serology and DNA tests conducted on blood found at the scene of the crime linked Wolfe to the murder. Because Wolfe lacked the financial resources needed to secure private counsel, he was represented at trial by a court-appointed attorney. There are many indications that Wolfe's trial counsel, who was admittedly overburdened with other cases, did not offer adequate representation. During the pre-trial period, Wolfe's trial counsel failed to adequately prepare for Wolfe's defense. He admits that he met with Wolfe only once and did not interview any witnesses during this period. The poor pre-trial preparation likely contributed to Wolfe's inability to secure a plea bargain from the District Attorney. Prior to Wolfe's case, the only capital defendants in Jefferson County not to receive plea bargain offers had been accused of murdering either law enforcement officials or children Despite the fact that the State's case against Wolfe largely hinged on DNA evidence, his trial counsel lacked sufficient familiarity with DNA science. DNA expert Dr. Edward Blake categorized Wolfe's trial counsel's understanding of DNA science as "non-existent." Lastly, Wolfe's trial counsel failed to call any witnesses to testify on behalf of Wolfe or introduce any mitigating evidence at the trial's penalty phase. Without any mitigating evidence to counter the aggravating evidence offered by the prosecution, this "strategy" virtually assured that the jury would impose a sentence of death on Wolfe. Unfortunately, Wolfe's representation woes did not cease with trial counsel. An application for writ of habeas corpus filed by a member of his appellate counsel was so poorly constructed that two judges in Texas' highest court felt that it raised serious questions regarding "whether [Wolfe was] afforded effective assistance of counsel." Wolfe's claim of ineffective assistance of counsel clearly has merit. While capital punishment is an abhorrent practice that always lacks justification, it is particularly objectionable in this case because Wolfe was not afforded adequate representation at trial and during part of the appeals process. Please write to Gov. Rick Perry and urge him to stop the execution of Bryan Wolfe. TEXAS Richard Cartwright May 19, 2005 6:00 p.m. CST http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 69 Richard Cartwright, a white maln, is scheduled to be executed by the state of Texas on May 19, 2005 for the Aug. 1996 murder of 34 year-old Nick Moriada a Latino man in Nueces County Prosecutors allege that on the night of Aug. 1, 1996, longtime friends, Kelly Overstreet and Dennis Haygood, and their recent acquaintance, Cartwright, robbed Moriada. The men robbed Moriada, a gay man, by pretending to be homosexual. Following the robbery, it is claimed that Overstreet stabbed Moriada in the neck and back and then Cartwright shot him. A state medical examiner contended that Moriada's death was caused by the gunshot wound. Cartwright was charged with capital murder for Moriada's death. The State's case against Cartwright relied heavily on the testimony of his co-defendants and circumstantial evidence. Nevertheless, he was found guilty and sentenced to death. Lesser charges in connection with the robbery and murder of Moriada.were brought against Overstreet and Haygood. They were convicted and received sentences of 50 year and 20 years, respectively. Their lesser charges and relatively light sentences were, in large part, due to their willingness to turn state's evidence against Cartwright. Since arrest, Cartwright has continuously maintained his innocence. He contends that Overstreet and Haygood are responsible for Moriada's death. At trial, evidence was presented that indicated that the gun used in the commission of the robbery and murder of Moriada belonged to either Overstreet or Haygood. A medical examiner testified that when multiple people are involved in a crime in which gunfire occurs, it is typically the owner of the gun that does the shooting. Additionally, the medical examiner stated that he believed that Moriada was attacked by two individuals. In his opinion, the strong familiarity that Overstreet and Haygood possessed with one another made them the most likely assailants-not Cartwright, who they had met only one week prior. Cartwright has a strong innocence claim. Please write Gov. Rick Perry and demand that this execution be halted. NORTH CAROLINA Earl Richmond May 6, 2005 2:00 a.m. EST http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 64 On May 6, 2005 at 2:00 a.m., the state of North Carolina is scheduled to execute Earl Richmond Jr., a black man, for the July 1992 murders of Helisa Hayes and her two children, Phillip and Darien, in Cumberland County. Richmond, heavily intoxicated on crack cocaine and alcohol, went to the Hayes residence on Nov. 2, 1991. There, he and Ms. Hayes engaged in an act of consensual sex. Shortly thereafter, the two became embroiled in a heated argument. The argument became violent, with Ms. Hayes hitting Richmond and Richmond, in return, punching her in the face. Richmond then raped and killed Ms. Hayes. Afterwards, Richmond killed her son and daughter. Richmond fully confessed to the triple homicide. He was charged with the rape and murder of Ms. Hayes and the murders of her two children. At trial, he pled not guilty to all charges. The jury found him guilty of three counts of first-degree murder and one count of first-degree rape. It imposed three death sentences and one term of life imprisonment on Richmond for his crimes. Richmond's trial lasted only two days. Richmond's mitigating circumstances are substantial. He was forced to endure a harsh, abusive childhood. As a child, he suffered from physical and verbal abuse at the hands of an alcoholic father. Additionally, one of his sisters claims that there is a possibility that he was sexually abused by their father. A psychologist and psychiatrist that examined Richmond testified that he was severely depressed, possessed a personality disorder, and suffered from substance abuse. They concluded that these conditions, coupled with his troubled upbringing, significantly lessened his ability to act in accordance with the law. In addition to these unfortunate circumstances and impairments, Richmond's alcohol consumption and drug use on the night prior to the murders puts into question the extent to which he was able to act with premeditation. One of Richmond's sisters testified that she witnessed Richmond consume an excessive amount of alcohol at a party that evening. Additionally, she admits that she and Richmond both smoked crack cocaine later on in the night. The large quantity of alcohol consumed by Richmond and his use of crack cocaine suggest that Richmond's ability to plan the Hayes' murders was significantly impaired. Richmond's behavior during the early morning hours of Nov. 2, 1991 was most likely a product of an unhealthy upbringing and substance abuse problems. He deserves treatment-not death. Write to Gov. Mike Easley of North Carolina and inform him of your opposition to the execution of Earl Richmond Jr. OKLAHOMA George James Miller May 12, 2005 6:00 p.m. CST http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 66 The state of Oklahoma is scheduled to execute George James Miller, a black man, via lethal injection for the Sept. 1994 murder of Kent Dodd in Oklahoma County. On Sept. 17, 1994, Dodd, a hotel employee, was viciously attacked by a perpetrator. Police arriving to the scene of the crime found Dodd clinging to life. He had been stabbed multiple times, severely beaten, and burned with acid. Before he died, Dodd managed to inform the officers that his assailant was "a black man in grey pants." Although Dodd knew Miller, albeit by the alias of Jay Elkins, Dodd never mentioned any variation of the name Jay Elkins while communicating with the officers. While the death penalty is never an acceptable form of punishment, its potential use in this case is particularly alarming because of Miller's strong claim of innocence. The case built against him was entirely based on relatively weak circumstantial evidence and an improbable theory about blood smears found near Dodd's body. At trial, the "strongest" evidence of Miller's guilt offered by the prosecution was a bloody footprint found at the scene of the crime and a microscopic drop of blood found on a sandal that belonged to Miller. A forensic scientist called by the State was only able to conclude that Miller's sandals could have produced the print. And while the blood found on Miller's sandal did possess a resemblance to Dodd's blood, the state was unable to definitively conclude that it belonged to Dodd. The State's expert testified that "it could have come from 1 in 19 Caucasians, 1 in 16 African-Americans or 1 in 55 Hispanics." Due to the weak circumstantial evidence relied upon by the prosecution, it is possible that the conviction was secured during the prosecution's closing argument, in which the absurd contention was made that Dodd had attempted to identify Miller as his assailant by using blood to smear the word "Jay" on a nearby door. Because the prosecution presented this theory in its closing argument, the defense was unable to offer a rebuttal. Had they been able to rebut the theory, the defense could have shown the jury that the blood smears in question were half way up the door, and, therefore, it was highly improbable that an immobilized Dodd produced them. The defense could have also shown that no traces of blood were found on Dodd's fingers or under his fingernails. Miller's claims of innocence should not go ignored. To date, 9 men have been exonerated from Oklahoma's death row and a total of 119 men have been exonerated from death rows nationwide since 1973. Faced with strong doubt regarding Miller's guilt, the state of Oklahoma should not impose upon him an irreversible punishment like the death penalty. There is simply no just remedy for a wrongful execution. Please contact Gov. Brad Henry and urge him to err on the side of caution by halting the execution of this potentially innocent man. OKLAHOMA Gary Thomas Allen May 19, 2005 http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 70 Barring a decision by Governor Brad Henry to adhere to the Oklahoma Pardon and Parole Board's recommendation of clemency for Garry Thomas Allen, Allen will be executed on May 19, 2005. He was sentenced to death for the November 1986 death of his girlfriend, Lawanna Gail Titsworth, in Oklahoma County. In the days leading up to Titsworth's death, Allen had become severely distraught over her recent decision to leave him. On November 21, 1986, a disturbed and heavily intoxicated Allen confronted Titsworth in a parking lot. A verbal altercation ensued; it ended with Allen shooting and killing Titsworth. A police officer soon arrived on the scene. During the arrest attempt, the officer and Allen became involved in a struggle. It ended with the officer's gun discharging-shooting Allen in the head. A CAT scan conducted on Allen soon thereafter showed that the gunshot wound had caused permanent brain damage. Allen was subsequently charged with first-degree murder, and two lesser offenses. He was found incompetent to stand trial and sent to a state hospital for psychiatric treatment. He was discharged after four months of treatment despite little evidence that his psychiatric condition had greatly improved. A competency trial was then held, in which the question of whether or not Allen was competent to stand trial was put before a jury. Allen's counsel requested access to a neuropsychological examination in order to better ascertain the extent of his brain damage. The court denied the request. At the completion of the trial, the jury, using a now defunct standard of competency, found Allen competent to stand trial. At the plea proceedings, Allen entered blind pleas of guilty for the charges against him. A blind plea of guilty is "[a] guilty plea made without the promise of a concession from either the judge or the prosecutor." Even though Allen's counsel believed that he lacked the competency needed to enter these pleas, she did not object. By pleading in the aforementioned manner, Allen effectively forfeited his rights to put on a defense and to be sentenced by a jury of his peers. The trial judge accepted the pleas and sentenced Allen to death for Titsworth's murder. Had Allen been able to put on a defense, he could have made a compelling argument that he did not act with the requisite intent for the murder to be considered premeditated. Not only was Allen heavily intoxicated at the time of the offense, but he possessed a well-documented history of mental problems, including severe head trauma and epileptic seizures. Additionally, there are questions surrounding Allen's competency to be executed. The U.S. Supreme Court's ruling in Ford v. Wainwright bars the execution of incompetent inmates. Allen's seizures have significantly worsened since his incarceration and it appears as though this has had severe effects on his mental condition. His IQ and cognitive abilities have precipitously declined. His IQ is now at a level that places him slightly above Oklahoma's legal threshold for mental retardation. The execution of the mentally retarded was ruled unconstitutional in Atkins v. Virginia. On April 20, 2005, the Oklahoma Pardon and Parole Board, recommended clemency for Allen by a vote of 4-1. A clemency recommendation from the Board is by no means a common occurrence. Only 9 such recommendations have been made since the reinstatement of capital punishment in Oklahoma in 1973. Please contact Governor Brad Henry and urge him to follow the Pardon and Parole Board's clemency recommendation for Garry Thomas Allen. MISSOURI Vernon Brown May 18, 2005 After midnight CST http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=6 68 Shortly after midnight on May 18, 2005, the state of Missouri is scheduled to execute Vernon Brown. Brown is to be executed for the October 1986 murder of Janet Perkins in St. Louis City. Perkins was 9 years old at the time of her death. On Oct. 24, 1986, Brown lured Perkins into his residence, tied her up, and then strangled her to death. He was arrested three days later for the murder. Brown was found guilty of first-degree murder and sentenced to death. In a later, unrelated case, Brown was convicted of first-degree murder for the March 1985 death of Synetta Ford. He received a death sentence for that crime as well. Brown experienced a tumultuous childhood. His father had absolutely no presence in his life and his mother was often not around the house. This left Brown to be largely reared by his grandparents. Brown's grandfather was overly stern and terribly abusive, sexually molesting and severely beating Brown throughout his youth. Brown's difficult childhood was further complicated by a head injury that he endured at a young age. Brown's attorney maintains that, "since the injury, [Brown] has suffered severe headaches during which his body would become rigid, he would lapse into a trance and would not remember what happened." Although Brown has confessed to Perkins' murder, he claims that his ability to reflect upon his behavior prior to and during the commission of the crime was diminished by drug use. Brown, an admitted PCP user, asserts that his PCP use caused him to experience an episode of blackouts while Perkins was inside his home. According to the U.S. Department of Health and Human Services, PCP, which has anesthetic properties, "induces a profound departure from reality, which leaves the user capable of bizarre behavior and severe disorientation." Because Brown endured a traumatic childhood and there exist indications that he was not acting in a conscious manner when he took Perkins' life, his execution should not proceed. Please write to Gov. Matt Blunt and express your opposition to the state of Missouri's plan to execute Vernon Brown. source: Sarah Wisely, Communications Assistant National Coalition to Abolish the Death Penalty
