NCADP: National Coalition to Abolish the Death Penalty
John W. Peoples Jr.
Alabama
September 22, 2005
Take action at
www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1148
The State of Alabama plans to execute John W. Peoples Jr., a white man, on
Sept. 22, 2005 for the July 1983 murders of Paul Franklin, Judy Franklin,
and Paul Franklin Jr. in Talladega County. Peoples allegedly murdered the
Franklins when Paul Franklin refused to sell his Corvette to Peoples.
John W. Peoples Jr. claims that his counsel at the time of his trial was
inadequate. Additionally, Peoples provided most of the State of Alabama's
evidence against Peoples before counsel represented him and while in police
custody.
In addition to evidence gathered from Peoples before he had the protection
of an attorney, the State also based its prosecution on the admittedly
perjured testimony of co-defendant and alleged accomplice Timothy Gooden.
The Alabama Circuit Court denied motions for change of venue based on the
publicity that the case had received locally. Also, the Alabama Circuit
Court allowed Jimmy Chastin to remain a juror although Chastin was a reserve
Talladega County Deputy Sheriff who rode along with law enforcement
authorities during the investigation of the location of the Franklins'
bodies.
While Peoples was in jail, the state seized a tape recorder that Peoples
used for communication with his attorney, violating attorney-client
privilege.
John W. Peoples Jr. has no significant history of prior criminal activity
and his constitutional rights were repeatedly violated throughout the
investigation and trial.
Please write to Gov. Bob Riley requesting that he stop the execution of John
W. Peoples Jr.
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NCADP: National Coalition to Abolish the Death Penalty
Herman Ashworth
Ohio
September 27, 2005
Take action at
www.demaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=1150
Convicted of beating Daniel L. Baker to death on the evening of Sept. 10,
1996, Herman Dale Ashworth, a white man, faces execution on Sept. 27,
2005.
At trial Ashworth plead guilty and waived the right to present mitigating
evidence. Consequently, defense counsel made no objections and declined
to cross-examine witnesses. Herman Dale Ashworth was 23 years old at the
time of this momentous decision and has since decided to appeal his
convictions and sentence.
Herman Dale Ashworth claimed that Daniel L. Baker had made unwelcome
sexual advances and had refused to stop when rebuffed. Ashworth claims
that these advances prompted the attack and the record indicates that
Ashworth felt immediate remorse. Ashworth also suffered from a problem
with alcohol abuse.
According to the dissent of Justice Pfeifer of the Ohio Supreme Court the
death penalty in Ohio "should be reserved for the most severe of cases"
and this case is not one of the most severe. Justice Pfeifer explains
that Ashworth "showed immediate and continued remorse for his actions."
Furthermore, the majority opinion admits "Ashworth's willingness to step
forward and take responsibility for his actions, without any offer of
leniency by the state, indicates a person who is remorseful for the
crimes he has committed." The opinion also acknowledges that remorse has
been considered a mitigating factor in past cases.
Finally it is possible that one of the trial judges mistakenly believed
that if no mitigating evidence was presented, there would be no choice but
to impose a death sentence. The Ohio Supreme Court held that such an
error in this case was "harmless."
Please write to Gov. Bob Taft and request that he stop the execution of
Herman Dale Ashworth.
(source for both: NCADP)
