Sept. 15


USA:

JUDGING JOHN ROBERTS: DEATH ROW RIGHTS----Senator cites Illinois case in
grilling Roberts on executions


Perhaps more than any other death penalty case, the exoneration of Anthony
Porter changed the debate over capital punishment in Illinois.

Porter was sentenced to death for a 1982 double murder in a South Side
park, and in 1998 came within 50 hours of being executed. The Illinois
Supreme Court halted the execution because of questions about his mental
capabilities.

University students and a private investigator then unraveled the case,
with the investigator getting a videotaped confession from the real
killer.

Then-Gov. George Ryan, who watched on TV as Porter was set free, said
Porter's exoneration helped change his views on the death penalty and
contributed to his decision to impose a moratorium on executions.

The issue was highlighted Wednesday in an exchange between Sen. Patrick
Leahy (D-Vt.) and Judge John Roberts Jr. during the Senate Judiciary
Committee hearing on Roberts' nomination to be chief justice.

Leahy: On the issue of capital punishment, we've held in this committee a
number of hearings that show some real flaws in the administration of
capital punishment, you know, sleeping lawyers, drunk lawyers, lawyers
didn't bother even to investigate or didn't have the funds to do it. More
than 100 death row inmates have been exonerated. Some, though, who have
spent years on death row in the most horrible conditions for a crime they
never committed. I think Sen. [Dick] Durbin mentioned a situation out in
Illinois where a Republican governor had to--and did, courageously I
felt--extend clemency to a whole lot of people who had been on death row.
Some say, and I think you have even said this, when they're exonerated it
shows the system works. Well, let me tell you about the system in that
case. One of the people is Anthony Porter, spent 16 years on death row. He
was within 2 days of being executed. The system didn't work on behalf of
the government doing [things]. A bunch of kids from Northwestern
University who had taken as elective course--a course on journalism, and
the teacher said why don't you look into a couple of these. And these kids
went out and . . . dug up the information that was there available to the
police, available to the prosecutor, available to the feds--nobody dug up.
They found it, and . . . They got somebody else to confess.

You said 2 years ago, and I remember being at that hearing--you said that
on the startling number of innocent men sentenced to death and were later
exonerated, you responded somehow showed the system worked in exonerating
them. I worry about that statement. I really do. It has bothered me.

You know, I voted for you for the Circuit Court, and there was a split
vote in our party. But that one really bothered me, that statement. I
found it almost mechanical, and I'll tell you why. When we have people say
innocent people have been freed after years on death row shows the system
is working. It doesn't.

I think [Justice] Sandra Day O'Connor said a few years ago, if statistics
are any indication, the system may well be allowing some innocent
defendants to be executed. If that's the case, the system is not working.

In Herrera we discussed that--the court grappled with, didn't ultimately
decide, does the Constitution permit the execution of a person who is
innocent?

And now, as principal deputy solicitor general, you co-authored the amicus
brief for the U.S. in the Herrera case. You said that a claim of actual
innocence does not stay the ground for a federal habeas. Actually, you
said, quote, "Does the Constitution require the prisoner have the right to
seek judicial review of claim of newly discovered evidence, instead of
being required to seek relief in the clemency process. In our view, the
Constitution does not guarantee the prisoner such a right."

So, let me ask you this, without going into the facts in Herrera, Is it
your current personal view the death row inmate who can prove his
innocence has no constitutional right to do so before a court before he is
executed?

Roberts: Well, senator, and this is the basis of the disagreement in
Herrera. Herrera's not a case about actual innocence. . . .

Leahy: Well, that --

Roberts: It's a question of whether you're entitled to bring a new claim.

Leahy: But . . . listen to my question. Does a death row inmate who can
prove he's innocent--do they have no constitutional right to do so in a
court of law before they're executed?

Roberts: The issue arises before you get to the question of proof, and the
question is: Do you allow someone who has raised several claims over the
years to suddenly say, at the last minute, somebody who just died was the
person who committed the murder, and does that mean you start the trial
all over again, simply on the basis of that last-minute claim, or do you
require more of a showing at that stage? That's what Herrera was about.

Now, I don't think, of course, that anybody who is innocent should suffer
as a result of a false conviction. If they have been falsely convicted,
and they are innocent, they shouldn't be in prison, let alone executed. .
. .

Leahy: But does the Constitution permit the execution of an innocent
person?

Roberts: I would think not, but the question is never: Do you allow the
execution of an innocent person? The question is: Do you allow particular
claimants to raise different claims 4, 5, 6 times--to say the person who
just died committed the murder, let's have a new trial? Or do you take
into account the proceedings that have already gone on?

Leahy: I'm looking for broad principles here. You said--let me read it
again--"Does the Constitution require that a prisoner have the right to
seek judicial review of a claim of newly discovered evidence instead of
being required to seek relief in the clemency process. In our view, the
Constitution does not guarantee the prisoner such a right." Is that your
view today?

Roberts: I'm not in a position to comment on the correctness or
incorrectness of particular court decisions. That's the court's precedent
in Herrera. It agreed with the administration position, which was not that
innocent people should be subject to imprisonment or execution.

(source: Chicago Tribune)






UTAH:

Killer once on death row gets March parole date


Craig D. Marvel - once on death row for the murder of a fellow motorcycle
gang member in 1975 - will be paroled March 7, the Utah Board of Pardons
and Parole has decided. Marvel was 1 of 3 members of a motorcycle gang who
were sentenced to die for killing 26-year-old Michael Thomas Hogan, who
was beaten, stabbed and choked and shot 14 times. Hogan was apparently
killed for testifying against a gang leader in a Salt Lake City drug case.
Hogan had moved to Price to escape reprisal, but was dragged from his
motel room at gunpoint by the killers. His body was found in a canyon west
of Price. Marvel - now 58 - will have served nearly 31 years behind bars
by the time he is released.

Co-defendant Gypsy Allen Codianna, 53, is to be released without parole
supervision on April 26, 2011. The sentence of co-defendant Irvin Paul
Dunsdon, 62, was terminated in August 1998. The 3 were on death row until
1980, when their sentences were commuted to life imprisonment by a 3rd
District judge who found the prosecutor had failed to inform defense
attorneys of an inconsistency in the testimony of a key witness.

(source: Salt Lake Tribune)






OHIO:

Inspector questions Spirko's guilt----Prosecution witness has bad
reputation, postal worker asserts


In yet another strange twist in the case of condemned inmate John Spirko,
a U.S. postal inspector has written a letter bashing the character of a
key prosecution witness and concluding "it appears an individual who did
not commit the crime is going to be executed."

Postal Inspector Gregory A. Duerr of Cleveland, in a letter dated Aug. 31,
called upon Chief Inspector Leroy Heath to request that Spirko's
execution, now set for Nov. 15, be "delayed until the serious issues
indicating innocence (are) truly resolved." By remaining silent on
Spirko's execution, Duerr said, "the Inspection Service ... has placed
itself on the side of injustice."

Duerr said retired postal inspector Paul Hartman, whose testimony was
critical in sending Spirko to death row in 1984, had a reputation for
unprofessional conduct and was forced to retire early after several
inspectors complained about him. Duerr said he was threatened by his
superiors after he raised questions about Hartman's role in Spirko's
conviction.

"These are extraordinarily serious allegations," said Spirko's attorney,
Thomas Hill of Washington, D.C. He said Duerr's letter indicates the
postal service is "trying to sweep this all under the rug," but "we intend
to get to the bottom of this."

Ohio Attorney General Jim Petro's office received Duerr's letter Sept. 2,
verified its authenticity and sent it to the state parole board and
Spirko's attorneys Tuesday. The board has set a clemency hearing for Oct.
12.

"We have taken the letter very seriously," said Petro spokeswoman Kim
Norris, but issues of Hartman's credibility "have already been examined by
the federal courts."

Hartman interrogated Spirko numerous times in late 1982 and early 1983
about the August 1982 kidnapping and murder of Elgin postmaster Betty Jane
Mottinger. The interviews weren't tape recorded, Spirko didn't sign any
statements and sometimes there were no witnesses to the interviews. But
Hartman said Spirko, now 59, knew details only the killer would know.

Spirko's attorneys have said his so-called guilty knowledge could have
come from newspaper accounts or from Hartman.

(source: Dayton Daily News)






ILLINOIS:

Anti-death penalty activist Prejean speaks of human dignity


Nicholas Hunt Jr. wondered if Sister Helen Prejean ever felt angry at the
death row inmates she counseled.

The 16-year-old's question came toward the end of her appearance Tuesday
afternoon before about 370 students at St. Teresa High School.

She may have become an internationally known anti-death penalty activist
after publishing "Dead Man Walking: An Eyewitness Account of the Death
Penalty in the United States" in 1993, but she replied that she feels the
same outrage at murder that everyone else does.

"No human life should ever be violated with violence like that," Prejean
said. "But God's grace means that every human being has dignity, even
those among us who have done terrible crimes."

The 66-year-old Catholic nun pulled no punches at St. Teresa, although her
audience there was younger than most she addresses. She said the 1st man
she saw executed and his brother shot and killed 2 teenagers like
themselves after finding the young couple parking in a remote area after a
football game.

But rather than talk more about him, she spoke instead of the unexpected
example she found in the young man's father, Lloyd LeBlanc, who prayed the
Lord's Prayer while in the morgue to identify the body of his son.

Prejean said LeBlanc uttered the words "forgive us our trespasses as we
forgive those who trespass against us" before he felt them because he knew
Christ's message was one of love and forgiveness. "They killed my boy, but
they're not going to kill me," he told her.

Afterward, Jenny Durham, 17, said she admires Prejean for taking up a
cause at odds with popular opinion. "She's not afraid to say 2 wrongs
don't make a right," she said.

Tuesday evening, Prejean received a standing ovation from more than 300
people after a speech at Millikin University's Kirkland Fine Arts Center.
Even her call for people to sign a petition opposing the death penalty for
Amanda Hamm and Maurice LaGrone drew no sounds of protest from her
audience.

The pair are charged with 1st-degree murder in the 2003 drowning deaths of
her 3 children in Clinton Lake.

Neil Baird, 62, of Decatur said Prejean has shown courage in reaching out
to families of murder victims. "I used to think the death penalty was a
deterrent," he said. "Now I know it's not."

Prejean's stop in Decatur was sponsored by Macon County Citizens Opposing
Capital Punishment and the Millikin University chapter of Amnesty
International.

(source: The Herald-Review)



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