April 3
PENNSYLVANIA:
Death Penalty Task Force Could Work Into Next Year
The legislative task force studying the state's death penalty is once again
pushing back its deadline.
The panel was supposed to finish its work in December 2013, but it has
repeatedly extended its timeline. Now, the agency putting together a final
report says it might need until next year.
Sen. Daylin Leach (D-Montgomery) serves on the task force, which he said has
taken on an unprecedented amount of research.
"There's nothing like this," said Leach. "This will be a very comprehensive
study and you know we will get a sense of what the taxpayers are getting for
their billions of dollars they're spending to have a death penalty in
Pennsylvania."
Gov. Tom Wolf's effective moratorium has put a spotlight on the task force's
findings and recommendations. When Wolf announced the moratorium on the death
penalty in mid-February, he said it would last at least until the task force
issued its recommendations.
"I am concerned about the timeline," said Rep. Mike Vereb (R-Montgomery), a
critic of Wolf's move to bar executions. He also pointed out that members of
his House GOP caucus are worried their views won't be considered. The task
force is made up of four senators - two from each party. An advisory commission
represents different views relevant to the capital punishment in Pennsylvania,
such as prosecutors, defense lawyers, and criminal justice experts.
Wolf's moratorium is being challenged in court by Philadelphia's district
attorney, who has said it's unconstitutional. The state Supreme Court will
consider the case.
(source: WESA news)
DELAWARE:
Delaware Senate narrowly approves anti-death penalty bill
Death penalty opponents won a victory in the Delaware Senate Thursday, but face
another challenge in the State House.
Senators voted 11 to 9 in favor of Sen. Karen Peterson's SB 40, which would
eliminate the death penalty in Delaware. Inmates currently on death row would
still be eligible for execution.
The vote was mixed among party lines with Republicans and Democrats on each
side of the vote.
The measure now moves to the State House, where it will face a tough fight.
(source: newsworks.org)
GEORGIA:
Fulton Co. DA to seek death penalty for accused serial killer
The Fulton County district attorney has officially filed a motion to seek the
death penalty against an alleged serial killer.
Aeman Presley is accused of killing 4 people between September and December of
last year.
The victims include 3 homeless men and a female hairstylist from Decatur.
The DeKalb County District Attorney's Office has already filed a similar death
penalty motion.
Presley's alleged victims were killed in Decatur, DeKalb County and Atlanta.
The FBI is continuing to review the case to see whether Presley is connected to
any other unsolved crimes.
(source: WXIA news)
****************
Sister Helen Prejean: Lethal injection is 'experimentation' on death row
inmates
The country's preferred method of executing prisoners relies on increasingly
hard-to-find key drugs. To make up the shortfall, state executioners turn to
compounding pharmacies to acquire new combinations of the lethal drugs.
In a talk at the Catholic Center at the University of Georgia, Congregation of
St. Joseph Sister Helen Prejean called these drug cocktails for death row
inmates "medical experimentation."
"Now we are in a situation where states have to go try and find drugs and put
them together," she said. "It is medical experimentation."
States are forced to come up with new drugs after the executive body of the
European Union banned the sale of these drugs to the United States if they are
used to execute prisoners, and some U.S. pharmacies stopped producing them.
"Now there's national attention on this. How can you be letting these states
experiment on killing people like this?" she asked.
States have had to go to compounding pharmaceutical companies to try and put
together a lethal injection from one or more drugs. At the same time,
information about the drugs being used, their expiration dates, or their
sources is kept secret.
There is more transparency by veterinarian associations about euthanizing
animals than "for the killing of human beings," Sister Helen asserted.
States use a variety of protocols utilizing 1, 2 or 3 drugs, according to the
Death Penalty Information Center.
In 2013, the Georgia Legislature passed a law making the source of drugs used
for lethal injections a state secret. According to the Death Penalty
Information Center, Georgia uses a one-drug system, a lethal dose of
pentobarbital, to execute inmates.
Georgia has stopped executions twice in 4 years over questions about the
quality of the drugs, according to The Atlanta Journal Constitution. It most
recently happened in March when the state was prepared to execute Kelly
Gissendaner. The drug to be used appeared cloudy, according to reports.
Sister Helen said there is a "moral crunch" for many Catholics to believe that
a pro-life position calls them to be advocates both for the innocent unborn and
the guilty inmate.
In Catholic teaching, the death penalty is legitimate if it's the "only
available means to protect society," according to the U.S. Conference of
Catholic Bishops. Death penalty opponents believe inmates can be kept away from
society by being held behind bars. The Catechism of the Catholic Church said
modern means of imprisonment make the need for capital punishment "very rare,
if not practically nonexistent."
'God wakes us up in his time'
Sister Helen spoke to a crowd at the UGA Catholic Center Sunday, March 22, as a
fundraiser for the Ministry Against the Death Penalty she leads. She signed
books and chatted with people after her 30-minute talk.
Attorney Kristin Waller is a public defender and a member of the Catholic
Center. She said she was reminded how sacred life is after her brother died in
a car crash. She came to realize she couldn't continue to hate the other
driver, Waller said. Forgiveness is "living out the Our Father," she said.
Roy Carroll, a retired teacher, said he came to the talk open-minded about the
death penalty, but the talk raised questions. He said, "She's swayed me over to
the other side."
He said Sister Helen's compassion made sense. "We don't have to kill people
because they killed people."
Sister Helen is a member of the Congregation of St. Joseph, formerly the
Sisters of St. Joseph of Medaille. The daughter of a Baton Rouge lawyer, the
sister spent her early ministry in schools and teaching religion at local
parishes. She was in her 40s when she embraced the Gospel's call for social
justice. In 1982, she agreed to write to a death row inmate, which led her to
be a spiritual advisor to the men condemned to die.
"God wakes us up in his time," said Sister Helen, speaking in her Louisiana
lilt.
Her work gained international attention when her book "Dead Man Walking," based
on more than a decade of death row ministry, became a film. The actress Susan
Sarandon won an Oscar in 1996 for her portrayal of the religious sister. The
book has since been turned into an opera and a play.
Sister Helen said the death penalty is "a very broken system" that relies more
on politics than justice. For her, the method is inconsequential. State
executions have evolved from hanging to firing squad to gas chamber to lethal
injection to simply appear more humane, she said. The core of the issue is the
state has made a person defenseless and then kills them, she said.
A polarized society believes the only way to support a grieving family of a
victim is to execute a person, she said. "There is a long history of solving
social problems with violence."
However, a spiritual life and following Jesus shows another way, she said.
The cross has 2 arms, on 1 side, the victim, and on the other side, the
prisoner, she said.
"Jesus is in the middle. The Gospel stretches us to be on both sides," she
said.
After working on the issue for more than 30 years, starting with "little bitty
talks," Sister Helen said she remains hopeful.
There's been a "precipitous drop" in the use of the death penalty as more
people are aware of wrongly convicted inmates who are released from death row,
she said. "People are not enthusiastic about the death penalty anymore."
As a sign of growing unity against the death penalty, four national Catholic
publications called for abolishing the death penalty in a joint editorial.
The publications America, National Catholic Register, National Catholic
Reporter and Our Sunday Visitor shared the editorial published online on March
5. The publications urged the Catholic community "stand with us and say,
'Capital punishment must end.'"
(source: Georgia Bulletin)
FLORIDA:
Florida should halt death penalty cases until court rules
Florida's current death penalty scheme is about to be examined under the U.S.
Supreme Court's microscope. Earlier this month, the high court decided to hear
a case involving a Florida man, Timothy Hurst, who was sentenced to death after
a jury voted 7 to 5 in favor of death. While we don't know how the court will
rule in Hurst v. Florida, the court could very well strike down Florida's death
penalty statute and require new penalty trials in scores of cases.
What makes this case unique is the fact that Florida is the only state in the
country that fails to impose any unanimity requirement on jurors during capital
sentencing decisions. Only a simple majority - or 7 out of 12 jurors - must
vote for death in Florida, and they don't have to agree on a single aggravating
circumstance.
Delaware is the only other state that allows a simple majority to recommend a
death sentence, but it first requires unanimous agreement on at least 1
aggravating circumstance. Alabama requires a minimum 10-2 vote for death, but
likewise requires all 12 jurors agree on at least 1 aggravating circumstance.
The Supreme Court would be absolutely right to strike down Florida's capital
sentencing statute, as having a unanimity requirement is critical in capital
cases. Unanimous jury decisions produce more reliable results than do majority
decisions. Requiring unanimity means that differing viewpoints have to be
weighed and considered, and jurors spend more time reviewing and discussing the
evidence, both of which lead to more accurate and fair results. Since 2006, the
Florida Supreme Court has not overturned any death sentences imposed after a
jury's 12-0 death recommendation.
Florida also has the dubious distinction of having released more people from
death row because of wrongful convictions than any other state - 25 men in
under 40 years. Even the most ardent supporters of capital punishment should
question whether our current system truly protects against the most egregious
error that our justice system can make. Every other decision by a jury in
Florida - including civil contract disputes, property disputes, traffic, or
misdemeanor trials - requires unanimity. Why not for a death sentence?
Judges and prosecutors can take steps right now to mitigate the impact that a
ruling overturning Florida's death penalty statute will have on current death
penalty cases by temporarily pausing these cases until a decision is rendered
by the high court. This will save these cases from having to be retried in the
event the court tosses out the statute.
Retrying these cases will place an incredible burden on the victim's family.
Already having dealt with the harsh loss of their loved ones to violent crime,
they are forced to relive that experience when they sit through the lengthy
trial that follows - an experience that is often traumatizing. If the sentences
from current cases are thrown out, victims' families will be subjected to this
painful process all over again, which will be both agonizing and unfair.
Retrying these cases will also place an incredible financial burden on the
state. Having participated in two capital trials, I have seen how long and
expensive they are. Additional court services, attorneys, mitigation
specialists, investigators, and a multitude of expert witnesses are generally
required.
One recent study by Seattle University found that capital cases in Washington
State regularly cost at least $1 million more than cases where a sentence of
life without parole is sought.
For all of these reasons, it is only prudent for local prosecutors and trial
judges to temporarily pause current death penalty trials pending a ruling in
Hurst.
(source: Opinion, Palm Beach Post)
ALABAMA----death row inmate to be freed
Alabama death row inmate to be freed after nearly 30 years
An Alabama inmate who spent nearly 30 years on death row will go free Friday
after prosecutors told a judge there is not enough evidence to link him to the
1985 murders he was convicted of committing.
Jefferson County Circuit Judge Laura Petro on Thursday dismissed the case
against Anthony Ray Hinton at the request of the district attorney's office.
Prosecutors said forensic experts couldn't determine whether 6 crime scene
bullets - which were the crux of the evidence against Hinton - came from a gun
investigators took from his home.
Hinton, now 58, was convicted of 2 1985 murders that occurred during separate
robberies of fast-food restaurants in Birmingham. Prosecutors linked Hinton to
the killings through a .38-caliber revolver found at his house.
The U.S. Supreme Court last year sent Hinton's case back for a new trial, which
prompted a re-examination of the evidence.
"We've been hoping for this. We've believed that this should have happened,"
said Bryan Stevenson, Hinton's attorney and director of the Alabama-based Equal
Justice Initiative.
Stevenson has been arguing for 16 years that Hinton is innocent.
Hinton wept Wednesday night after learning the news that he would finally go
free, Stevenson said.
Hinton is expected to be released from the Jefferson County Jail on Friday
morning after spending more than 1/2 his life in prison.
"Every day, every month, every year that the state took from him, they took
something that they don't have the power to give back. While this moment is
quite joyous and is quite wonderful, this case is quite tragic," Stevenson
said.
6 bullets were what prosecutors used in the 1980s to connect Hinton to the
slayings. A modern analysis on the bullets is what led prosecutors to drop the
case against him.
The Supreme Court last year ruled that Hinton had "constitutionally deficient"
representation at his initial trial. Hinton's defense lawyer wrongly thought he
had only $1,000 to hire a ballistics expert to try to rebut the prosecution
testimony about the bullets. The lawyer hired the only person willing to take
the job at that price, even though he had concerns about the expert's
credentials. At the time, jurors chuckled as the defense expert struggled to
answer questions on cross-examination.
"He was a poor person who was convicted because he didn't have the money to
prove his innocence at trial. He was unable to get the legal help he needed for
years. He was convicted based on bad science," Stevenson said.
John Davidson and Thomas Wayne Vason were killed during robberies at Mrs.
Winner's and Captain D's restaurants in Birmingham in 1985. Investigators
focused on Hinton after a person who was shot, but survived, at a third robbery
at a Quincy's restaurant identified Hinton as the person who shot him. However,
Stevenson said Hinton had an alibi showing that he was at work when the
Quincy's robbery was committed.
"The connection has always been the bullets," Chief Deputy District Attorney
John R. Bowers, Jr. said Thursday.
At his initial trial, state experts testified that the four bullets fired
during the slayings, and another 2 from the Quincy's robbery, had all been
fired from a revolver found at Hinton's home.
However, in 2015, 3 different experts from the Alabama Department of Forensic
Sciences couldn't determine if any of those bullets were fired through the
revolver taken from Hinton's home, or even if they had been fired from the same
gun.
Bowers said the forensics experts explained that standards have gotten more
"conservative."
"Some things back then that experts would be willing to attest to, they would
not be willing to attest to now. They would need more now," Bowers said.
Asked if Hinton was wrongly convicted, Bowers said he couldn't say because his
"experts haven't ruled him in. They haven't ruled him out."
"I don't have the evidence necessary to proceed with prosecution. I don't have
the evidence to prove this beyond a reasonable doubt anymore," Bowers said.
(source: Associated Press)
*************************
Death row inmates exoneration should give lawmakers food for thought on death
penalty
Today, an inmate who has spent most of the last 30 years on Alabama's death row
will be released because prosecutors told a court they don't have enough
evidence to link him to the murders that landed him among the state's
condemned.
As Alabama lawmakers consider the increasingly frustrating logistics of
executing death row inmates, the release of Anthony Ray Hinton should give them
pause.
Lawmakers have been considering legislation that would shield the identity of
companies providing the drugs that make up the deadly cocktail used for
execution by lethal injection. Because companies fear backlash from death
penalty opponents, the source of the drugs has dried up, leaving the nation's
death penalty states scrambling for alternative ways to carry out the death
sentence. Utah has revived its firing squad option; Alabama is looking to bring
back its electric chair.
Given the turn of events in the Hinton case, in which the U.S. Supreme Court
ordered a retrial after determining the inmate had "constitutionally deficient"
counsel at trial, lawmakers should give serious reconsideration to the death
penalty itself rather than how it might best be carried out.
The Hinton retrial was derailed when prosecution forensics experts could not
determine if the bullets used in the murders came from a weapon police found at
Hinton's home after the 1985 killings during robberies of fast food restaurants
in the Birmingham area.
With technological advances developed in the years since many condemned inmates
were convicted, there is a possibility that new forensic techniques could
exonerate some inmates.
Lawmakers must ensure that no stone is left unturned before carrying out an
irreversible sentence.
(source: Editorial, Dothan Eagle)
MISSISSIPPI:
Changing science may give death row inmate new hearing
In a unanimous decision made public Thursday, the Mississippi Supreme Court
granted death row inmate Jeffrey Havard permission to request an evidentiary
hearing since science on shaken baby syndrome has changed.
At trial, the state's then-pathologist Dr. Steven Hayne testified that
6-month-old Chloe Britt died of "shaken baby syndrome."
For decades, shaken baby syndrome was widely accepted, diagnosed through a
triad of symptoms: subdural bleeding (blood collecting between the brain and
the skull), retinal bleeding (bleeding in the back of the eye) and brain
swelling.
In the years since, medical belief that these symptoms provided ironclad proof
of homicide has begun to crumble with several studies raising doubts.
In 2009, the American Academy of Pediatrics recommended the syndrome diagnosis
be discarded and replaced with "abusive head trauma."
At the request of The Clarion-Ledger, New York pathologist Dr. Michael Baden
studied the autopsy report and other materials in the 2002 death of Britt.
He found no evidence for sexual abuse or support for the shaken baby
conclusion, pointing to a lack of neck or chest injuries or spine or rib
fractures that suggest such abusive shaking.
Hayne told The Clarion-Ledger there was "growing evidence" his shaken baby
diagnosis was "probably not correct" because shaking alone isn't able to
generate enough force to cause such injuries.
Havard's lawyer, Graham Carner, said Thursday, "The science on shaken baby
syndrome has changed dramatically since Jeffrey's trial in 2002. The state's
expert recognizes this and has said that the ... opinions the jury heard were
probably not correct. We look forward to presenting the court with objective
medical proof that Chloe's death was a tragic accident and not murder. At the
very least, Jeffrey deserves a new trial so a jury can hear all of the
evidence."
In a unanimous order signed by Justice Josiah Dennis Coleman, the high court
gave Havard permission to seek a hearing in Adams County Circuit Court.
The hearing, however, may not include what Hayne now says about the alleged
sexual abuse, the underlying felony, which qualified the case for the death
penalty.
"I didn't think there was a sexual assault," Hayne told The Clarion-Ledger. "I
didn't see any evidence of sexual assault."
Several emergency room nurses and doctors testified there was unquestionable
evidence of sexual assault, saying they saw tears and rips in the child's anus.
Hayne said these statements are contradicted by the autopsy he performed and
that the anal contusion he did find could have been consistent with the child
passing a harder stool.
But jurors never heard that, and they convicted Havard of capital murder,
sentencing him to death.
At the time, Havard told authorities that he didn't abuse the baby and that he
dropped her accidentally after getting her out of the bathtub.
On appeal, Havard's lawyers accused the state of withholding evidence by
failing to tell the defense prior to trial what Hayne had concluded.
On Thursday, the high court rejected that argument and also found no merit in
the claim that Havard's lawyers were ineffective for failing to interview Hayne
prior to trial.
(source: Clarion-Ledger)
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