URGENT ACTION APPEAL
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15 November 2005
UA 288/05 Death Penalty
USA (North Carolina)
Kenneth Boyd (m), aged 57
Kenneth Boyd is scheduled to be executed on 2 December
2005. He was sentenced to death for the murders of his
estranged wife, Julie Boyd, and her father, Thomas Dillard
Curry, in March 1988. Kenneth Boyd's low IQ means that he
is close to being classified as mentally retarded. The US
Supreme Court ruled in 2002 that the execution of those with
mental retardation is unlawful.
Kenneth Boyd is a Vietnam veteran who was honorably
discharged from the armed services. He has suffered from
blackouts and flashbacks as a result of his time in Vietnam.
According to his attorneys, Kenneth Boyd is sincerely
remorseful for the killings and the pain they have caused.
They say that the murders were completely out of character
for Boyd, who was a caring father of three sons and
committed to providing for his family. However, at the time
of the crime, Kenneth Boyd was emotionally strained after
separating from his wife a number of times, and was suffering
from severe depression and alcohol abuse, which made him
lose control. Following the murders, Boyd surrendered to
police, reportedly describing the crime as being similar to
being in Vietnam, saying he could not remember all that had
happened. Boyd has reportedly been an exemplary prisoner
since he has been on death row.
Kenneth Boyd's attorneys claim that the jury at his trial did
not understand that they could impose a sentence of life
imprisonment instead of the death penalty, believing
incorrectly that a death sentence was automatic if they found
that the shootings were premeditated. Two jurors now say
that they would never have imposed the death penalty if they
had understood that they had the right to insist on voting for
a sentence of life imprisonment.
Kenneth Boyd has an IQ of 77, placing him in the borderline
mental retardation range. On 2 July 2004, Indiana Governor
Joseph Kernan commuted the death sentence of Darnell
Williams, whose IQ was measured at a similar level to Boyd's,
shortly before he was due to be executed (see UA 207/04,
AMR 51/104/2004, 24 June 2004). Governor Kernan noted
the 2002 US Supreme Court decision, Atkins v Virginia,
outlawing the use of the death penalty for those who have
mental retardation. The Governor wrote: "Williams's IQ has
been measured at 78 and 81, and he attended special
education classes throughout his schooling. The usual 'cut-
off' for mental retardation is IQ of 70-75, and Williams falls
above that level... The courts have set a clear legal standard,
but it remains problematic to confidently place the solemn
decision of life or death on a few percentage points on either
side of a line. Williams's mental status weighs as a factor in
the clemency process."
There is strong support for a moratorium on executions 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 by town councils,
private businesses, church congregations and religious
organizations, political parties, and student and community
groups. Many North Carolina newspapers have carried
editorials in favor of a moratorium on executions.
Amnesty International does not seek to excuse the
perpetrators of violent crime. However, it opposes the death
penalty in all cases: a symptom of a culture of violence rather
than a solution to it, it consumes resources that could
otherwise be used towards constructive strategies to combat
violent crime and to offer assistance to its victims and their
families. The death penalty has not been shown to have a
unique deterrent effect and denies the possibility of remorse,
rehabilitation or reconciliation. In addition, the USA capital
justice system is marked by arbitrariness, discrimination and
error.
Today 121 countries are abolitionist in law or practice. In
contrast, there have been 994 executions in the USA since it
resumed executions in 1977. North Carolina accounts for 37
of these executions. There have been 50 executions in the
USA this year.
RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- expressing sympathy for the family and friends of Julie Boyd
and Thomas Dillard Curry, and explaining that you are not
seeking to excuse the manner of their deaths or to minimize
the suffering that their deaths will have caused;
- opposing the execution of Kenneth Boyd;
- noting reports of Kenneth Boyd's low IQ level, his sincere
remorse and the fact that he has been a model prisoner;
- noting that he is a Vietnam veteran who suffered from
flashbacks following his experiences in Vietnam and who was
reportedly suffering from severe depression and alcohol
abuse at the time of the crime;
- stating that while you recognize that this cannot excuse the
crime for which he was sentenced to death, it should be taken
into consideration when determining the granting of
clemency;
- noting reports that two of the original jurors who imposed
the death sentence have since stated that they would not have
voted for a sentence of death if they had been aware that a
sentence of life imprisonment was an option;
- 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 27699-0301
Fax: 1 919 715 3175 / 1 919 733 2120
Salutation: Dear Governor
PLEASE SEND APPEALS IMMEDIATELY.
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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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