URGENT ACTION APPEAL
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Stop the Scheduled 1,000th Execution in the United States
On November 29, Governor Mark Warner of Virginia commuted the
death sentence of Robin Lovitt, who was scheduled for execution on
November 30. This means that Kenneth Boyd in North Carolina is
now scheduled to be the 1,000th person to be executed in the United
States since the U.S. Supreme Court reinstated the death penalty in
1976. The State of North Carolina is poised to carry out his execution
at 2:00 AM on Friday, December 2.
Please help us stop this execution by taking one of the following
actions:
-Send an appeal for clemency to North Carolina Governor Michael
Easley:
http://takeaction.amnestyusa.org/action/index.asp?step=2&item=12375
- Organize a candlelight vigil in your faith community or in a public
forum, to protest the execution of Kenneth Boyd and the 999 other men
and women who have been executed in the USA since 1977. Call out
the names of everyone who has been executed in your state and the
names of their victims. Wear black armbands in solidarity. Invite faith
leaders, elected officials (mayor, city council, congressional
representatives) and members of the public to attend.
- Write letters to the editor of your local newspaper, expressing your
outrage at the fact that the USA has carried out nearly 1000 executions
since the death penalty was reinstated by the U.S. Supreme Court in
1976 and calling for an end to the death penalty.
For more information about this tragic milestone and to learn about
local actions, please visit www.1000executions.org.
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
Email via web: http://www.governor.state.nc.us/email.asp?to=1
PLEASE SEND APPEALS IMMEDIATELY.
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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