Oct. 2


USA:

To More Inmates, Life Term Means Dying Behind Bars


In the winter woods near Gaines, Pa., on the day before New Year's Eve in
1969, four 15-year-olds were hunting rabbits when Charlotte Goodwin told
Jackie Lee Thompson a lie. They had been having sex for about a month, and
she said she was pregnant.

That angered Jackie, and he shot Charlotte three times and then drowned
her in the icy waters of Pine Creek.

A few months later, Judge Charles G. Webb sentenced him to life in prison.
But the judge told him:

"You will always have hope in a thing of this kind. We have found that, in
the past, quite frequently, if you behave yourself, there is a good chance
that you will learn a trade and you will be paroled after a few years."

Mr. Thompson did behave himself, learned quite a few trades in his 35
years in prison - he is an accomplished carpenter, bricklayer,
electrician, plumber, welder and mechanic - and earned a high school
diploma and an associate's degree in business.

So exemplary is his prison record that when Mr. Thompson, now 50, asked
the state pardons board to release him, the victim's father begged for his
release, and a retired prison official offered Mr. Thompson a place to
stay and a job.

"We can forgive him," said Duane Goodwin, Charlotte's father. "Why can't
you?"

The board turned Mr. Thompson down.

Tom Corbett, the state attorney general, cast the decisive vote.

"He shot her with a pump-action shotgun, 3 times," Mr. Corbett said. "This
was a cold-blooded killing."

Just a few decades ago, a life sentence was often a misnomer, a way to
suggest harsh punishment but deliver only 10 to 20 years.

But now, driven by tougher laws and political pressure on governors and
parole boards, thousands of lifers are going into prisons each year, and
in many states only a few are ever coming out, even in cases where judges
and prosecutors did not intend to put them away forever.

Indeed, in just the last 30 years, the United States has created something
never before seen in its history and unheard of around the globe: a
booming population of prisoners whose only way out of prison is likely to
be inside a coffin.

A survey by The New York Times found that about 132,000 of the nation's
prisoners, or almost 1 in 10, are serving life sentences. The number of
lifers has almost doubled in the last decade, far outpacing the overall
growth in the prison population. Of those lifers sentenced between 1988
and 2001, about a third are serving time for sentences other than murder,
including burglary and drug crimes.

Growth has been especially sharp among lifers with the words "without
parole" appended to their sentences. In 1993, the Times survey found,
about 20 % of all lifers had no chance of parole. Last year, the number
rose to 28 %.

The phenomenon is in some ways an artifact of the death penalty. Opponents
of capital punishment have promoted life sentences as an alternative to
execution. And as the nation's enthusiasm for the death penalty wanes amid
restrictive Supreme Court rulings and a spate of death row exonerations,
more states are turning to life sentences.

Defendants facing a potential death sentence often plead to life; those
who go to trial and are convicted are sentenced to life about half the
time by juries that are sometimes swayed by the lingering possibility of
innocence.

As a result the United States is now housing a large and permanent
population of prisoners who will die of old age behind bars. At the
Louisiana State Penitentiary in Angola, for instance, more than 3,000 of
the 5,100 prisoners are serving life without parole, and most of the rest
are serving sentences so long that they cannot be completed in a typical
lifetime.

About 150 inmates have died there in the last 5 years, and the prison
recently opened a 2nd cemetery, where simple white crosses are adorned
with only the inmate's name and prisoner ID number.

A Growing Reliance on Life Terms

American enthusiasm for life sentences reflects an uneasy societal
consensus. Such sentences are undeniably tough, pleasing politicians and
prosecutors, but they also satisfy opponents of capital punishment.

"If you are punishing a heinous criminal who has committed a violent
murder, it is appropriate to use severe sanctions," said Julian H. Wright
Jr., a lawyer in North Carolina and the author of a study on life without
parole. "It has the advantage of achieving a harsh penalty and keeping a
violent offender off the streets. And you don't take a human life in the
process. Indeed, if you mess up and do it wrong, you haven't taken
someone's life."

But the prison wardens, criminologists and groups that study sentencing
say the growing reliance on life terms also raises a host of questions.

Permanent incarceration may be the fitting punishment for murder. Few shed
tears for Gary L. Ridgway, the Green River killer, who was sentenced to 48
consecutive life terms in Washington State, one for each of the women he
admitted to killing.

But some critics of life sentences say they are overused, pointing to
people like Jerald Sanders, who is serving a life sentence in Alabama. He
was a small-time burglar and had never been convicted of a violent crime.
Under the state's habitual offender law, he was sent away after stealing a
$60 bicycle.

Fewer than 2/3 of the 70,000 people sentenced to life from 1988 to 2001
are in for murder, the Times analysis found. Other lifers - more than
25,000 of them - were convicted of crimes like rape, kidnapping, armed
robbery, assault, extortion, burglary and arson. People convicted of drug
trafficking account for 16 % of all lifers.

Life sentences certainly keep criminals off the streets. But, as decades
pass and prisoners grow more mature and less violent, does the cost of
keeping them locked up justify what may be a diminishing benefit in public
safety? By a conservative estimate, it costs $3 billion a year to house
America's lifers. And as prisoners age, their medical care can become very
expensive.

At the same time, studies show, most prisoners become markedly less
violent as they grow older.

"Committing crime, particularly violent crime, is an activity of the
young," said Richard Kern, the director of the Virginia Criminal
Sentencing Commission.

Marc Mauer, executive director of the Sentencing Project, a research and
advocacy group that issued a report on life sentences last year, said that
about 1/5 of released lifers were arrested again, compared with 2/3 of all
released prisoners.

"Many lifers," Mr. Mauer said, "are kept in prison long after they
represent a public safety threat."

In much of the rest of the world, sentences of natural life are all but
unknown.

"Western Europeans regard 10 or 12 years as an extremely long term, even
for offenders sentenced in theory to life," said James Q. Whitman, a law
professor at Yale and the author of "Harsh Justice," which compares
criminal punishment in the United States and Europe.

Michael H. Tonry, a professor of law and public policy at the University
of Minnesota and an expert on comparative punishment, said life without
parole was a legal impossibility in much of the world.

Mexico will not extradite defendants who face sentences of life without
parole. And when Mehmet Ali Agca, the Turkish gunman who tried to kill
Pope John Paul II in 1981, was pardoned in 2000, an Italian judge
remarked, "No one stays 20 years in prison."

Some developing and Islamic nations mete out brutal sanctions, including
corporal punishment and mutilation. But if the discussion is limited to
very long prison sentences, Professor Tonry said, "we are vastly more
punitive than anybody else."

The reasons for this gap are hard to pinpoint. Professor Whitman detects
an American appetite for harsh retribution. Professor Tonry locates that
appetite in a Calvinist tradition.

"It's the same reason we're not a socialist welfare state," he said. "You
deserve what you get, both good and bad."

That sort of talk struck M. L. Ebert Jr., a former president of the
Pennsylvania District Attorneys Association and the district attorney of
Cumberland County, Pa., as a little fancy.

"Is it too much to ask that people don't kill people?" he said. "I can't
tell you the devastation it causes families, who never forget. If you kill
somebody, life means life without parole."

The Crime and the Victim

"My anger broke loose, and I shot her," Mr. Thompson said recently,
recalling for the millionth time the day he killed Charlotte Goodwin. He
was afraid, he said, that her pregnancy would get him kicked out of his
foster home, his 4th in 5 years and the first one that he liked.

Mr. Thompson is a slight, almost elfin man, with receding, wispy, unkempt
salt-and-pepper hair, a casual mustache, breath that smells of cigarettes
and moody brown eyes in a heavily creased face.

He is serving his time at the Rockview Correctional Institution near
Bellefonte, just up the road from Pennsylvania State University. It is a
soaring and forbidding mass of granite, a piece of Gotham City plunked
down in the rolling hills of rural Pennsylvania.

He used his friend Dennis Ellis's pump-action shotgun, Mr. Thompson said,
and he shot Charlotte at close range 3 times. He tried to explain the
repeated shots.

"You have to pump each time," he said. "It is true. Dennis and I, we
always had a habit of going out in the woods with a gun and see how fast
we could empty a gun. That's where the 2nd and 3rd shots come from."

Charlotte's wounds were not immediately fatal. The youths had the idea,
Mr. Thompson said, of putting her in a nearby creek. But she bobbed to the
surface. So the three teenagers slid her body under the ice that covered a
part of the creek, drowning her.

"You should have seen how stupid we was," Mr. Thompson said. "I wish I
could change that."

Mr. Thompson grew up as a slow and confused child, with a slight speech
impediment. He had 13 brothers and sisters, "and that's not counting the
half ones," he said.

"Three or four of them have died so far," he said. His mother died when he
was 10, he added, "I'm told of cancer."

Mr. Thompson recalled his younger self.

"That 15-year-old kid was so scared. He was a special-ed kid. Special-ed
kids get teased a lot. I was small. I kept running away. Here was a kid
who was always scared to death, picked on, possibly beat up."

"Looking back," he said, "I wish someone would have grabbed hold of me and
kicked my butt. I wasn't a bad kid."

He met Charlotte Goodwin at the foster home.

"I didn't get to know her that well," Mr. Thompson said. "At that age,
boys are after one thing. A girl can talk all she wants and you ain't
listening to her. You're thinking of only one thing."

Duane Goodwin, Charlotte's father, remembered a cheerful child.

"She was just happy-go-lucky," Mr. Goodwin said of her. "If there was any
kind of music on, she'd move to it."

Jackie confessed to killing Charlotte, and Judge Webb sentenced him to
life. At that time, 1970, in Pennsylvania, a life sentence usually meant
fewer than 20 years.

Dorothy D. Quimby was the clerk of the Orphans Court of Tioga County at
the time and she knew him as "a gentle, good boy who had suffered a lot of
hurt."

"I also knew Judge Webb very well," she wrote to the pardons board, "and
know that his intentions were not to have Jackie incarcerated for any
great length of time."

A few months ago, Mr. Goodwin, 78, traveled 100 miles to speak up for his
daughter's killer before the pardons board, which meets in an ornate
courtroom of the State Supreme Court here, under a stained-glass cupola
and a dozen frescoes attesting to the majesty of the law.

Mr. Goodwin, a retired glass factory worker with a gray goatee and a
hearing aid, is a small man with erect posture, alert eyes and quick
laugh, but he gets a little overwhelmed by public speaking. He spoke
softly and haltingly.

"He was just a scared little kid," Mr. Goodwin said of Jackie. "If he ever
gets out, he's got a good education, and I think he'll use it."

Kenneth Chubb, a retired facilities manager at the prison in Camp Hill,
told the board that he had a proposal.

"My wife and I would both like to offer, if needed, a place for him to
stay," Mr. Chubb said, his voice choking with emotion. "Plus, my son, who
has a plumbing business, will offer him a job."

That drew a low whistle of surprise from a former prison official in the
audience.

"For a corrections person to embrace an inmate is just incredible," the
official, W. Scott Thornsley, said.

A few days before the hearing, Mr. Corbett, the state attorney general,
met with Mr. Thompson.

"I walked out of the room thinking and feeling that he was going to say
yes," Mr. Thompson later said. "He was not coldhearted. He wasn't drilling
me. He gets to the point. He's a decent man."

But in the end, that visit, Mr. Goodwin's pleas and Mr. Chubb's offer were
not enough to sway Mr. Corbett, the one dissenting vote on the five-member
parole board.

"I am not prepared," Mr. Corbett said, "at this time to vote in the
affirmative."

John F. Cowley, the district attorney in Tioga County, where the killing
took place, agreed that Mr. Thompson should never be free.

"At the end of the day, in Pennsylvania life means life," Mr. Cowley said.
"I come down on the side - not firmly - but I come down on the side that
there should be no pardon. It's a tough case. The only reason is the age
at the time of the crime. Everything else is way beyond ugly."

In lawsuits around the country, lifers are complaining that the rules were
changed after sentencing. In some cases, they have the support of the
judges who sentenced them.

A survey of 95 current and retired judges by the Michigan state bar
released in 2002 found that, on average, the judges had expected prisoners
sentenced to life with the possibility of parole to become eligible for
parole in 12 years and to be released in 16 years. In July, a Michigan
appeals court echoed that, saying that many lawyers there used to assume
that a life sentence meant 12 to 20 years.

"This belief seems to have been somewhat supported by parole data," the
court said in rejecting a claim from a prisoner who claimed that recent
changes in the parole system had worked to his disadvantage. "For example,
between 1941 and 1974, 416 parole-eligible lifers were paroled, averaging
12 per year."

In the last 24 years, by contrast, a New York Times analysis found that
while the number of lifers shot up, the number of lifers who were paroled
declined to about 7 per year - even using the most liberal of definitions.

In 2002, for instance, a Michigan judge tried to reopen the case of John
Alexander, whom he had sentenced to life with the possibility of parole
for a seemingly unprovoked street shooting in 1981.

The judge, Michael F. Sapala, said he had not anticipated the extent to
which the parole board "wouldn't simply change policies but, in fact,
would ignore the law" in denying parole to Mr. Alexander. "If I wanted to
make sure he stayed in prison for the rest of his life, I would have
imposed" a sentence "like 80 to 150 years," the judge said.

An appeals court ruled that the judge no longer had jurisdiction over the
case.

Executive Clemency Wanes

In Louisiana, which, like Michigan and Pennsylvania, has a large number of
lifers, "it was common knowledge that life imprisonment generally means 10
years and 6 months" in the 1970's, the state's Supreme Court said in 1982.

Since 1979, all life sentences there have come without the possibility of
parole, and the governor rarely intervenes.

"The use of executive clemency has withered, as it has all over the
country, especially with lifers," said Burk Foster, a recently retired
professor of criminal justice at the University of Louisiana at Lafayette.

The federal appeals court in California is considering whether the parole
board there may deny parole to lifers based on the nature of the original
crime, which, prisoners say, is a form of double jeopardy. The plaintiff
in the case, Carl Merton Irons II, shot and stabbed a housemate, John
Nicholson, in 1984 after hearing that Mr. Nicholson was stealing from
their landlord. Mr. Irons was sentenced to 17 years to life for 2nd-degree
murder.

The parole board refused for a fifth time to release him in 2001, saying
that the killing was "especially cruel and callous."

The prosecutor who sent Mr. Irons away spoke up for him at a hearing the
next year, to no avail. "If life would have it that Carl Irons was my
next-door neighbor or I heard he was going to move next door to me," the
prosecutor, Stephen M. Wagstaffe said, "my view to you would be that I'm
going to have a good neighbor."

Mr. Irons filed a lawsuit challenging the board's decision. A federal
district judge agreed, ordering him paroled. The federal appeals court is
expected to rule soon.

The state has 30,000 lifers, of whom 27,000 will eventually become
eligible for parole. As a practical matter, parole for lifers is a
two-step process: the parole board must recommend it, and the governor
must approve it. Neither step is easy. In a 28-month period ending in
2001, according to the California Supreme Court, the board considered
4,800 cases and granted parole in 48. Gov. Gray Davis, a Democrat,
reversed 47 of the decisions.

Governor Davis had run on a tough-on-crime platform. In 5 years as
governor, he paroled 5 lifers, all murderers.

Gov. Arnold Schwarzenegger, a Republican who succeeded Mr. Davis in late
2003, has been more receptive to parole. He has paroled 103 lifers, 89 of
them murderers.

"Even though he is letting out more than Davis, it is still just a
trickle," said Don Spector, executive director of the Prison Law Office, a
legal group concerned with inmate rights and prison reform. "The victims'
rights groups are used to seeing nothing, so to them, it seems like
there's been a flood of releases."

Reginald McFadden is the reason lifers no longer get pardons in
Pennsylvania.

Mr. McFadden had served 24 years of a life sentence for suffocating Sonia
Rosenbaum, 60, during a burglary of her home when a divided Board of
Pardons voted to release him in 1992. After Gov. Robert P. Casey signed
the commutation papers 2 years later, Mr. McFadden moved to New York,
where he promptly killed 2 people and kidnapped and raped a 3rd. He is now
serving another life sentence there.

Lt. Gov. Mark Singel had voted to release Mr. McFadden. When news of the
New York murders broke, Mr. Singel was running for governor and was well
ahead in the polls. The commutation became a campaign issue, and Mr.
Singel was defeated by Tom Ridge, who did not commute a single lifer's
sentence in his six years in office.

Ernest D. Preate Jr., the state attorney general at the time, was the sole
dissenting vote in Mr. McFadden's case.

Then, it took only a majority vote of the board to recommend clemency. Mr.
Preate worked to change that, and in 1997 Pennsylvania voters passed a
constitutional amendment requiring a unanimous vote in cases involving the
death penalty and life sentences. The amendment also changed the
composition of the board, substituting, for instance, a crime victim for a
lawyer.

Mr. Thornsley, a former corrections official who now teaches at Mansfield
University, said the amendment made a sensible change. "It took a
unanimous vote to convict somebody," he said. "It should take a unanimous
vote to send a case to the governor. If you're going to have a sentence,
it should be served out in its entirety."

The McFadden experience in Pennsylvania is a representative one, said
Michael Heise, a law professor at Cornell.

"Around World War II, governors were giving away clemency like candy," Dr.
Heise said. "Ever since Governor Dukakis and Willie Horton and President
Clinton and Marc Rich, executive officers have been far, far more reticent
to exercise their power. The politics are pretty clear: they don't want to
get burned."

As recently as 30 years ago, pardons for lifers were common in
Pennsylvania. In eight years in the 1970's, for instance, Gov. Milton
Shapp granted clemency to 251 lifers. Since 1995, even as the number of
lifers has more than doubled, 3 governors combined have commuted a single
life sentence.

These days, Mr. Preate is on the other side of the issue, working to
overturn the amendment that he himself set in motion. He said his change
of heart came after he spent a year in prison on a mail fraud conviction
in the mid-90's. Meeting older lifers convinced him that the current
system could be unduly punitive, he said.

"That got me involved in the fight against the amendment I helped create
and supported," he said.

Mr. Preate now supports legislation that would allow a parole board to
consider the cases of lifers who have served 25 years and are at least 50.
"I never foresaw the politicization of this process," he said, "and the
fear that has crept into the process."

Mr. Thompson entered prison in an era when its goal was rehabilitation,
even for people serving nominal life terms. These days, he works as a
prison carpenter, earning 42 cents an hour building cabinets and fixing
things up around the prison, which houses about 1,800 inmates, more than
180 of whom are lifers.

"It helps pay the cable and gets you a little bit of commissary," he said.
"It might be strange to say, but coming to jail helped me. I got an
education. Would I have got that out there? I probably would have quit
like my brothers and most of my sisters. Would I have an associate's
degree? Would I have job training?"

He has a cell to himself, with a television and a guitar. He plays "the
old rock, the classics" and said he was partial to Bob Dylan. He has
started playing sports.

"Softball season started up again and the young boys talked me in to
playing again, and I'm pretty good," he said several months ago. He plays
second base.

A lifer entering the system today would have few of Mr. Thompson's
advantages. Programs have been cut back, and those that still exist are
often reserved for prisoners serving short sentences.

Mr. Thompson sounded resigned when he talked about being turned down by
the pardons board.

"A lot of guys in here really thought I was going to make it, staff and
inmates, to give a little hope to the lifers," he said wearily. "I didn't
cry this time. I committed a crime. Even though I think I've been punished
enough, I'm to the point where I'm worried about my people, my supporters,
because it really does take a toll on them."

(source: New York Times)

***************************

Prisoners Captive in Pictures: An Interview


Lou Jones is a photographer who works out of his studio in Boston, Mass.
His exhibit, "Final Exposure," a series of photographs of prisoners either
sentenced for life or more, or on death row, is currently on display in
the Silver Cultural Arts Building. This interview was conducted by Steve
Donovan via email:

Clock: What is your overall message or theme in the "Final Exposure
series? What are you saying here?

Lou Jones: That is a complicated question. Basically since no one has ever
really seen people on death row, I though that if they could actually look
them in the face and know that they were real people they might not be
able to pull the switch.

Clock: Was it difficult to get into the prisons? Did you have to deal with
a lot of red tape, bribes, or an inside man?

L.J.: We did nothing illegal. It is very difficult to get into prison,
especially if you tell them you want to take pictures. Actually it is
impossible to enter death row, that's why it took us 6 years to do the
project. We worked every angle, that's what the book is about.

Clock: Did you feel threatened at any point while taking these pictures?
Was there any fear shanked or something like that?

L.J.: No. The only apprehension was in being able to draw the inmates out
in some kind of dialogue that was interesting and that the prison
authorities wouldn't prevent us from getting the access we needed once we
actually got into the prisons.

Clock: Tell me about the photograph of Lester Kills On Top.

L.J.: He was a Native American in Montana. We photographed him and his
brother the same day. They were, of course, accused of the same crime.
Both brothers were very reticent to talk to us. We didn't get very good
interviews, because of their distrust of us I decided I would never enter
a prison again. They were the reason I pulled the plug on the six-year
project.

Clock: What is your favorite photograph from the series? Why?

L.J.: It's hard to say. They all have their stories. But the 2 most
successful for what we were trying to do were Bobby West and Daniel Webb.

Clock: What was the most prominent attitude help by the prisoners of death
row in general: Hopelessness, remorse, despair, anger, or maybe
indifference?

L.J.: Fortunately we had 27 different opinions about death row. Some were
very remorseful and some didn't realize why they were there. A couple
still had anger, but most have been in so long that they had shifted to
other emotions. It's hard to generalize. That's what puts most people into
the indifference they have about the death penalty. Their ideas are
generalizations about guilt, race, costs, and retributions.

Clock: Last year you gave a presentation here at PSU. What is your general
impression of our school? Did you take any pictures here? Do you prefer
the fresh mountain air or are you a city dweller?

L.J.: I'm a city person. I only go toward green stuff if I have an
assignment. I took no pictures, even though I bring a camera every time I
visit. The school looks good. Colleges that can show such a controversial
exhibition as the death penalty have an innate integrity that is
intriguing to me.

Clock: What are you working on right now?

L.J.: I'm writing a book on travel photography. We are working on
returning to my 12th Olympic Games in February. I have just completed a
16-year project on pregnant women; I'm just starting to show it to
curators.

(source: The Clock (Student Newspaper of Plymouth State University, New
Hampshire)


MASSACHUSETTS:

Judge Rules on Racial Makeup of Juries


For years, defense attorneys have complained that seating a jury in
federal court in Boston usually yields 1 of 2 panels: all-white or almost
all-white. After several failed challenges to the system, a judge hearing
the federal death penalty case of 2 black men has issued a ruling that
could change things.

Judge Nancy Gertner ordered court administrators to send additional
summonses to certain zip codes when mailings are returned as
undeliverable.

In her ruling last month, Gertner said targeting certain zip codes may
increase the likelihood that black jurors will be in the pool for the
trial of Darryl Green and Branden Morris, who are charged in the 2001 gang
killing of Terrell Gethers.

Without such a change, Gertner said an all-white or largely white jury
will likely decide not only their guilt or innocence, but whether they
live or die.

"Such an outcome should be profoundly troubling, to say the least,"
Gertner wrote.

Her decision has created a stir in Boston's legal community, and U.S.
Attorney Michael J. Sullivan appealed Gertner's ruling to the 1st U.S.
Circuit Court of Appeals, which is scheduled to hear the case Monday.

More than a dozen defense attorneys and civil rights groups have co-signed
legal briefs praising Gertner's decision. She also won support from
William Young, chief judge of the U.S. District Court in Boston, who took
the unusual step of filing his own brief. But prosecutors argue Gertner's
ruling disrupts the goal of selecting the jury pool at random.

Sullivan said Gertner lacks authority to change the jury selection plan.

Only the district court as a whole can enact such changes, he said, to
avoid the potential for inconsistency.

"Any suggestion that the (office) is opposing the court's order because it
supports or wishes to continue any under-representation of any segment of
the population is misleading and false," he said in a statement.

In her ruling, Gertner agreed with defense attorneys that resident lists
used to summon potential jurors are more likely to be inaccurate in areas
with the highest percentage of blacks. Resident lists are compiled through
town census forms.

She said poorer communities have few financial resources to update their
resident lists or follow up on summonses that cannot be delivered.

The situation was ironic, Gertner said, because Massachusetts pioneered
the use of resident lists instead of voter rolls for jury selection in an
attempt to maximize minority participation.

Other methods to find potential jurors include tax rolls or driver's
license records, said Iloilo Marguerite Jones, executive director of the
American Jury Institute/Fully Informed Jury Association, a nonprofit group
based in Helena, Mont.

Jones said each method has the potential for under-representing some
groups. But Jones praised Gertner's ruling, which specifies that when a
jury summons is returned as undeliverable, the jury administrator should
send a second notice. If that notice goes unanswered, a new summons should
be sent to another person in the same zip code.

"I think what this judge has done is to try to find a level of remediation
that is both logical and fair," Jones said.

Morris' attorney, Patricia Garin, called Gertner's remedy "a 1st step,"
but said it won't make juries truly representative of the community. "But
it's going to be a step in the right direction," Garin said. "It's going
to make it somewhat more likely that we might see in our case -- and
defendants in other cases -- may see people of color on their juries."

(source: Associated Press)






OHIO/UK:

Karen loves Kenny. But she is here and he is in the US, on death row --
And she's not the only one. Stephen Khan meets the British women who have
fallen for men awaiting execution in America


Karen Richey never thought that love would be like this: forget dreamy
walks in the country and candlelit dinners; she has to travel 4,000 miles
and peer through a 3in-thick perspex screen just to see her fianc. This is
romance death-row style.

More than half a dozen British women claim to be in love with men waiting
to die in American prisons. They write letters, spend hundreds of pounds
on phone calls, and plan for weddings, not funerals.

Now 3 of them, Karen Richey, Xenia King and Jo Gibbs, have explained how
their bizarre relationships blossomed.

For Ms Richey, 42, the prospect of being able to touch her partner, whose
name she has already adopted, for the 1st time is now tantalisingly close.

Kenny Richey's murder conviction has already been overturned, and this
week the US Senate will decide whether or not to uphold that decision. If
it does so, the only Briton on death row will be transferred to a county
prison - where security is less stringent and the couple could be allowed
to embrace - to await a possible retrial.

Such a moment would mark the culmination of a decade-long romance. "I have
thought about what it would be like to touch him," Ms Richey told The
Independent on Sunday. "But it's almost too painful. I have to just wait
and hope it happens."

Kenny Richey was convicted of starting a fire in 1986 that claimed the
life of his ex-girlfriend's 2-year-old daughter. The following year he was
sentenced to die by electric shock.

Doubts were quickly raised, however. Ms Richey was appalled by what she
read about the case. Soon afterwards came the letters, then the phone
calls, then the visits.

"I guess people must think it's odd, but nowadays people meet on the
internet," Ms Richey says. "People are more understanding now about how I
can love someone I haven't touched.

"I didn't set out to fall for Kenny. I just wanted to be a friend to
someone who was going to die."

Over time, though, the relationship developed.

"I gradually got a sense of the injustice that had been done. And the more
that we communicated the closer we grew," she says.

So far, meetings have been confined to gazing through the perspex and
speaking on an intercom at the Ohio jail where Kenny is held. The first
time she went, she says: "Kenny was wearing an orange jumpsuit; he was
cuffed and chained. But it was like meeting someone I had known all my
life, we had already become so close."

Ms Richey fervently believes in her partner's innocence. Xenia King,
however, admits the man she loves may be a killer.

In Real Life: My Death Row Lover, which screens on ITV1 tomorrow night,
the 31-year-old from Bedfordshire says his guilt or innocence
isirrelevant.

Ms King says she has a "spiritual connection" with John Marquard, who
repeatedly stabbed a woman before drowning her and trying to cut off her
head.

Marquard is on Florida's Death Row, and Ms King is now considering moving
there to be with him, leaving her children behind in the UK. "In life you
can't help who you fall in love with," she says.

Friends and family, though, found the relationship difficult to accept.
"Some of them were shocked and taken aback," she says. "They used to say,
'Oh, my goodness. How can you? Don't you know what they've done?'

"But John and I have a spiritual connection that I have never had with
anyone before."

Also involved with a man on Florida's Death Row is Jo Gibbs, 47, from
Essex. Describing their relationship, she said: "You don't get all the bad
things you have to put up with in a normal relationship: the bad moods,
the dirty washing. When you're separated the feelings are more intense -
always waiting for the next visit, when your life stops being on hold."

Meanwhile, Karen Richey hopes that by next week her life will be a little
closer to normality. Recently she returned from a trip to visit Kenny with
her son. "My son's teacher asked him if he'd been to Disneyland when he
came back from holiday in America," she says. "He replied, 'No, miss:
death row.'"

Karen Richey never thought that love would be like this: forget dreamy
walks in the country and candlelit dinners; she has to travel 4,000 miles
and peer through a 3in-thick perspex screen just to see her fianc. This is
romance death-row style.

More than half a dozen British women claim to be in love with men waiting
to die in American prisons. They write letters, spend hundreds of pounds
on phone calls, and plan for weddings, not funerals.

Now 3 of them, Karen Richey, Xenia King and Jo Gibbs, have explained how
their bizarre relationships blossomed.

For Ms Richey, 42, the prospect of being able to touch her partner, whose
name she has already adopted, for the first time is now tantalisingly
close.

Kenny Richey's murder conviction has already been overturned, and this
week the US Senate will decide whether or not to uphold that decision. If
it does so, the only Briton on death row will be transferred to a county
prison - where security is less stringent and the couple could be allowed
to embrace - to await a possible retrial.

Such a moment would mark the culmination of a decade-long romance. "I have
thought about what it would be like to touch him," Ms Richey told The
Independent on Sunday. "But it's almost too painful. I have to just wait
and hope it happens."

Kenny Richey was convicted of starting a fire in 1986 that claimed the
life of his ex-girlfriend's 2-year-old daughter. The following year he was
sentenced to die by electric shock.

Doubts were quickly raised, however. Ms Richey was appalled by what she
read about the case. Soon afterwards came the letters, then the phone
calls, then the visits.

"I guess people must think it's odd, but nowadays people meet on the
internet," Ms Richey says. "People are more understanding now about how I
can love someone I haven't touched.

"I didn't set out to fall for Kenny. I just wanted to be a friend to
someone who was going to die."

Over time, though, the relationship developed.

"I gradually got a sense of the injustice that had been done. And the more
that we communicated the closer we grew," she says.

So far, meetings have been confined to gazing through the perspex and
speaking on an intercom at the Ohio jail where Kenny is held. The first
time she went, she says: "Kenny was wearing an orange jumpsuit; he was
cuffed and chained. But it was like meeting someone I had known all my
life, we had already become so close."

Ms Richey fervently believes in her partner's innocence. Xenia King,
however, admits the man she loves may be a killer.

In Real Life: My Death Row Lover, which screens on ITV1 tomorrow night,
the 31-year-old from Bedfordshire says his guilt or innocence
isirrelevant.

Ms King says she has a "spiritual connection" with John Marquard, who
repeatedly stabbed a woman before drowning her and trying to cut off her
head.

Marquard is on Florida's Death Row, and Ms King is now considering moving
there to be with him, leaving her children behind in the UK. "In life you
can't help who you fall in love with," she says.

Friends and family, though, found the relationship difficult to accept.
"Some of them were shocked and taken aback," she says. "They used to say,
'Oh, my goodness. How can you? Don't you know what they've done?'

"But John and I have a spiritual connection that I have never had with
anyone before."

Also involved with a man on Florida's Death Row is Jo Gibbs, 47, from
Essex. Describing their relationship, she said: "You don't get all the bad
things you have to put up with in a normal relationship: the bad moods,
the dirty washing. When you're separated the feelings are more intense -
always waiting for the next visit, when your life stops being on hold."

Meanwhile, Karen Richey hopes that by next week her life will be a little
closer to normality. Recently she returned from a trip to visit Kenny with
her son. "My son's teacher asked him if he'd been to Disneyland when he
came back from holiday in America," she says. "He replied, 'No, miss:
death row.'"

(source: The Independent (UK)






INDIANA:

Jurors: It's Time To Execute Man Convicted Of 1981 Double-Slaying


2 jurors who recommended the death penalty for a Howard County man
convicted in a couple's 1981 execution-style slayings say 23 years on
death row is enough and the man should finally die for his crimes.

With Wednesday's execution of Alan Matheney, the 5th by the state of
Indiana this year, 57-year-old Marvin Bieghler may be the next person put
to death by the state.

He was convicted in 1983 of two counts of murder in the execution-style
shooting deaths of 20-year-old Tommy Miller, and his pregnant wife,
19-year-old Kimberly Jane Miller.

A judge sentenced Bieghler to death on a recommendation from the jury.

John Sissom was the jury foreman. He says he remains convinced that
Bieghler is guilty and says it's time for him to be executed. Fellow juror
Jeffrey Berry agrees.

(source: Associated Press)






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