May 28
TEXAS:
What's next for Rodney Reed?
Lily Hughes of the Campaign to End the Death Penalty describes the activism
that won a stay of execution for Texas death row prisoner Rodney Reed--and
explains what's next in the fight to win justice, in an article written for the
New Abolitionist.
Death penalty opponents demand justice for Rodney Reed, on death row in
TexasDeath penalty opponents demand justice for Rodney Reed, on death row in
Texas
On February 23, just days before his scheduled execution date, Texas death row
prisoner Rodney Reed was granted a stay from the Texas Court of Criminal
Appeals (CCA).
In the preceding months and years, Rodney's many advocates--his family, his
legal team and supporters from around the world--have fought to stop the
execution and to make the courts to finally recognize the truth: Rodney is
innocent of the 1996 murder of Stacey Stites in Bastrop, Texas.
The order for the stay from the CCA was in response to a new appeal filed by
Rodney in early January, which includes explosive new findings regarding the
time of death of Stacey Stites, the victim in the case.
In the course of filming a recent A&E special about Rodney's case, Dead Again:
Dead Man Talking, an investigator came to the conclusion that Stacey was
murdered several hours earlier than the time frame advanced by the original
medical examiner and the prosecution at trial. Further examination of the
forensic evidence by other experts proves that Stacey was murdered closer to 10
p.m., placing her in the apartment she shared with her fiance and former police
officer Jimmy Fennell at a time when Fennell claimed to be home.
In their response to the state's motion to dismiss the new appeal, Rodney's
lawyers argue:
Absent from the State's Motion to Dismiss is any evidence contradicting the
compelling scientific proof and factual accounts which establish Mr. Reed's
innocence...The State's Response appears to be aimed solely at preventing any
meaningful inquiry into the growing body of evidence that the State convicted
the wrong man for the murder of Stacey Stites.
The lawyers further describe how the new conclusions about the time of death
came about:
This discovery was made on October 21, 2014, by a disinterested retired NYPD
homicide investigator, Det. Sgt. Kevin Gannon as part of his review of the
evidence for the television crime show Dead Again. From his review of the crime
scene photos, video, autopsy report and law enforcement investigation reports,
Det. Sgt. Gannon noticed evidence of decomposition pointing to a longer
post-mortem interval and lividity patterns showing that the body had been
moved. Neither the State's forensic team during the murder investigation or the
forensic experts originally retained as part of the prior habeas investigation
conducted in 2002 noticed this evidence or recognized its importance.
Following Gannon's revelation, Rodney's legal team presented the evidence to 3
highly regarded forensic pathologists and all corroborated Gannon's findings.
- - - - - - - - - - - - - - - -
The appeal also includes new witness statements corroborating an ongoing
relationship between Rodney and Stacey. Rodney has always maintained that the
consensual sexual relationship he had with Stacey is what led to his DNA being
found at the crime scene--the only physical evidence tying him to the scene.
The many witnesses who would have testified to the relationship were never
called to testify at trial. Now others have submitted affidavits to this
effect, including a cousin of Stacey's, as well her former co-workers at H.E.B.
Stacey's cousin, Calvin "Buddy" Horton describes witnessing the affair between
the two. In his statement, Horton says "Sometime after Stacey's death I
remember seeing pictures of Rodney Reed on the news and in the newspaper after
he became a suspect in the death of my cousin. Rodney Reed is the same man I
saw with Stacey at the Dairy Queen in 1995."
In addition to the new appeal, the CCA is hearing a separate appeal regarding
DNA testing that was denied by a lower court. Testing all the DNA that has been
requested could help bolster Rodney's claim to innocence.
Rodney's supporters believe that these latest revelations are further proof
that Texas has convicted the wrong man.
The court must examine all of the evidence closely, efforts which could include
evidentiary hearings in a state district court where the forensic experts and
other witnesses can offer their testimony.
Because of the strength of these new findings, Rodney's supporters believe that
the Court should reverse Rodney's conviction and free him from death row. As
former prisoner and Campaign to End the Death Penalty (CEPD) board member Mark
Clements puts it, "It is my belief that Reed will prevail and be granted
evidentiary hearing on his claim of actual innocence arising from faulty and
false testimony by the original pathologist."
The campaign for justice for Rodney Reed that started over 15 years ago
continues to the struggle toward that goal.
- - - - - - - - - - - - - - - -
Shortly after Rodney's conviction in 1998, his family attended an anti-death
penalty event in 2000 and connected there with activists in the Campaign to End
the Death Penalty. Alongside the family, activists created a fact sheet and
petition about the case and began to organize speaking events with Rodney's
mother Sandra Reed.
Over the next decade, Sandra, Rodney's brother Rodrick Reed and other family
members spoke out about Rodney's case. They travelled all over Texas, and often
flew to Chicago for the CEDP's annual convention to speak to people from around
the country. Activists in Austin organized barbeques, rallies, held petition
tables and other events to get the word out about the case.
In 2002, the Austin Chronicle ran a long
http://www.austinchronicle.com/news/2002-05-24/93214/ by reporter Jordan Smith,
which helped propel local interest in Rodney case. In 2006, filmmaker Ryan
Polomski, then a University of Texas film student, created the award-winning
documentary, State vs. Reed, which became an invaluable tool in the campaign to
win justice for Rodney. The film has been screened to large and small audiences
around the country and is streaming online.
The case was regularly featured in The New Abolitionist, the national
newsletter of the CEDP, and the left newspaper, Socialist Worker. A blog by
Rodney's pen pal and friend Caitlin Adams became a feature at
nodeathpenalty.org in 2011, and the case began to attract some national media
attention.
A previous appeal for Rodney was denied by the federal courts in 2013, paving
the way for the State to set an execution date last summer. The efforts over
the years to build support for Rodney meant that a group of activists was able
to jump into action once the execution date was set.
Rodney was originally issued an execution for January 2015. The judge who
issued the death warrant also agreed to hear a motion for DNA testing at a
later date. In November 2014, activists packed a hearing where that same judge
denied a motion for further DNA testing, but also reset Rodney's execution date
for March 5, 2015.
From the moment Rodney's date was set, an intense campaign to stop the
execution, lobby the courts to agree to DNA testing, and demand a thorough
examination of the evidence in the case was underway. Activists organized a
series of actions meant to draw attention to the case from the public, the
media, the courts and the political establishment.
At a string of organizing meetings and online discussions, activists created a
sample clemency letter aimed at the Texas governor and the Texas Board of
Pardons and Paroles. A campaign website was created to collect information and
make materials available to activists. Activists continued to promote an online
petition at change.org. Campaigners also started a solidarity photo campaign on
Instagram, Facebook and Twitter where supporters could post pictures of
themselves holding signs of support for Rodney.
These organizing meetings also brought out a contingent of students from the
University of Texas, who launched the Campus Campaign to Save Rodney Reed.
- - - - - - - - - - - - - - - -
The campaign ramped up in January, when activists collected petitions, clemency
letters and solidarity photos. Supporters marched in the annual MLK Day March
under a banner that read "Free Rodney Reed: and signed up hundreds of people on
the petition. They held a rally outside the Texas State Capitol on January 24,
and a national conference call with Sandra Reed on January 26.
On Valentine's Day weekend activists staged 3 separate events:
-- On Friday, February 13, campaigners organized a march around the Bastrop
County Courthouse with Rodney's family. A small group of supporters, including
Rodrick Reed, tried to speak with the Bastrop County district attorney, but
were turned away.
-- On Saturday, February 14, activists, with a lot of support from the student
contingent, organized a clemency event at the Governor's Mansion asking Texas
Governor Greg Abbott to "Have a Heart: Stop the Execution." Activists strung
dozens of homemade valentines on the fence and unveiled one huge valentine
outside the mansion.
-- On Sunday, February 15, the faith community came out for another clemency
event--this time with Sister Helen Prejean, a nun and renowned human rights
activist. Sister Helen spoke alongside Rodrick Reed and Heather Stobbs, a
cousin of Stacey Stites, as well as members of the Austin faith community. Well
over a hundred people crowded into to Austin's Friends Meeting House to hear
these incredible speakers and to sign clemency letters for Rodney.
February 16 was the premiere of the A&E special episode of Dead Again featuring
Rodney's case. Millions of people watched this show, propelling the case to
national attention. The Rodney campaign's activity on Twitter and Facebook
during the premiere drew hundreds of new supporters to our social media network
and the newly launched campaign website.
During this time, the campaign in Texas was bolstered by the arrival of a group
of former prisoners from around the country. One was Mark Clements, who served
28 years of a juvenile life without parole sentence before being released. Mark
serves on the board of the CEDP, who sponsored his trip to Texas from Chicago
to campaign for clemency for Rodney.
Witness to Innocence, a group made up of exonerated death row prisoners, also
sponsored several members to come to Texas in February and March. They included
Shujaa Graham (former California death row prisoner) and Gary Drinkard (former
Alabama death row prisoner). Shujaa is a longtime friend of the Reed family,
having spoken alongside Sandra Reed at many events over the years.
Shujaa and Gary joined Delia Perez Meyer (sister of Texas death row prisoner
Louis Perez) at a panel event on the University of Texas campus in February.
Mark, Shujaa and Gary then participated in an open-air speak-out on campus
later that week and attended meetings all over Austin (and Bastrop) to build
support for Rodney.
- - - - - - - - - - - - - - - -
The events in February all built toward a big "Rally for Justice for Rodney
Reed!" held on February 21. The event drew over 300 people to the Governor's
Mansion. Many came from Bastrop and also from around the state.
An incredible line up of speakers spoke of the need to stop the execution, for
the courts to reopen the case, and for Rodney to be found innocent and freed.
The speakers included Sandra, Rodrick, activists in the Black Lives Matter
movement, several former prisoners, and family members of people who were
killed by police.
One of those speakers was Ava Haywood, whose son died in police custody in
Bastrop County. Ava grew up with Sandra in Bastrop and described the system
there in a powerful speech:
The motives that are judging Rodney Reed today are evil Jim Crow motives. June
10, 1892, Toby Cook was hanged for the rape and murder of a white woman in
Bastrop County. The characteristics of this case run parallel with Rodney Reed.
Many of the judges and law enforcement that were over the case of Toby
Cook--they were ancestors of many of the family members in the judicial system
in Bastrop Country today.
Throughout the campaign, media came out to every event, and stories about
Rodney were almost a nightly feature on the local news.
Although the campaign for justice for Rodney has been headquartered in central
Texas, the struggle has spread around the world. Today, the Change.org petition
for Rodney has over 20,000 signatures.
The campaign has received petitions in the mail from Japan. Supporters have
sent solidarity photos from as far Australia and as near as Mexico, and
activists have held solidarity events in France and Germany.
The clemency campaign for Rodney drew some high-profile supporters, including
actors Dick Gregory and Susan Sarandon, musician Chuck D of Public Enemy and
former Olympic medalist John Carlos.
Rodney was a subject of an Amnesty International urgent action to stop his
execution, drawing even wider attention to his plight.
Meanwhile, an increase in national media attention has helped build support and
vice versa. Jordan Smith, now writing for the investigative journalism web site
The Intercept, has been writing about this case for years and has continued her
coverage on a new national stage. And in the days after the airing of the A&E
special, Chris Hayes at MSNBC featured the case on his show All In With Chris
Hayes .
In an incredible turn of events, just a few days after the big rally at the
Governor's mansion, the CCA announced a stay of execution for Rodney Reed.
While the Court declined to offer any insight into why they granted the
stay--although newly elected Texas Governor Greg Abbott had this to say:
I think this is a healthy process that the court announced what it did so that
we can put beyond a shadow of any doubt whatsoever, that he really is guilty of
the crime for which he was convicted."
- - - - - - - - - - - - - - - -
Following the stay of execution, activists have continued to keep up the
pressure. In late February, campus activists held an overnight "Sleep-in for
Rodney" on the main mall at the University of Texas. Despite chilly weather,
students stayed all night and were joined by Mark Clements and Rodrick Reed.
In early March, Texas abolitionists held a lobby day and Day of Innocence at
the Texas State Capitol. Family members of Texas prisoners were joined by
Witness to Innocence members Ron Keine (former New Mexico's death row prisoner)
and Sabrina Butler (former Mississippi death row prisoner), as well as Mark
Clements of the CEDP. The group spent the day talking to legislators and
representatives of the governor's office about the death penalty and the case
of Rodney Reed.
In late March, Rodney's supporters held a rally in front of the Court of
Criminal Appeals. Participants took turns standing for photos inside the taped
off measurements of a prison cell to demonstrate the reality of life on the
row. In April, student activists led a die-in on the University of Texas
campus, and held a panel discussion at UT featuring Rodrick and others.
Although Rodney has been given a stay of execution, the fight is far from over.
The court has agreed to look at Rodney's new appeal, but there are no
guarantees of a favorable ruling. One possibility is that the court could look
at the evidence and opt to deny relief, as they have done in the past.
Another possibility is that the CCA could order a new trial. This wouldn't be
unwelcome to Rodney and his supporters. However, if the evidence of innocence
is strong enough to warrant a new trial, then it would make better sense for
the court to reverse the conviction altogether.
The best possible outcome from the CCA would be a reversal of Rodney's
conviction and for Rodney to be released from prison. In this event, the
Bastrop County district attorney could still opt to take Rodney to trial again,
in which case activists should demand that the DA drop Rodney's indictment
completely.
In an interview following the stay, Rodney reflected on the stay of execution,
saying:
I'm very optimistic that if the courts are willing to acknowledge this evidence
that we have, because this evidence is not made up. If they're willing to
acknowledge it, I feel like they will give me the better judgment on this.
The various options before the Court make the ongoing activist campaign for
Rodney paramount. Rodney's family and supporters are prepared to carry on the
fight. As Rodrick said at a rally in February, "If we don't stand up today,
we're going to lay down tomorrow for anything they're going to make us lay down
for. And I ain't a laying down kind of guy. I'm a fighter, I come from a family
of fighters!"
The evidence in front of the court today, combined with the body of evidence
gathered over the years, makes it clear that activists must demand nothing less
than a full reversal of Rodney's conviction and that Texas must FREE RODNEY
REED NOW!
(source: SocialistWorker.org)
ARKANSAS:
Jurors choose death for killer of 6-year-old ---- Holly apologizes to family of
girl strangled in '12 attack
Sighs seeped from the area where Jersey Bridgeman's family and supporters sat
Wednesday as they heard a judge sentence her killer to death.
Zachary Holly's mother sat on the other side of the packed courtroom and cried,
comforted by another son.
Holly, 30, of Bentonville stood by his attorneys as Circuit Judge Brad Karren
sentenced him to die by lethal injection for killing 6-year-old Jersey in 2012.
The jury of 7 men and 5 women found Holly guilty last week of capital murder,
kidnapping, rape and residential burglary.
Jurors watched and listened to Holly's recorded confession where he admitted he
abducted the Sugar Creek Elementary School kindergartner from her bed. He went
on to describe to Bentonville detectives how he raped and murdered Jersey.
The jury spent three hours Tuesday and almost two hours Wednesday deliberating
Holly's punishment. Holly spent much of the deliberation time in a holding cell
where he could be seen on a closed-circuit camera constantly pacing.
When the jury returned to the courtroom Wednesday 1 female juror wiped away
tears before she sat down. Another woman on the jury also brushed away tears.
Karren read the rape and kidnapping sentences first. He then read the sentence
for residential burglary. He ended with the death sentence.
DesaRae Crouch, Jersey's mother, and other family members cried outside the
courthouse after the proceedings. Crouch said it was sickening to have to sit
through the trial.
"It's my daughter's day," Crouch said. "He can't take that away."
Holly addressed the court Wednesday. With an ashen face, he stared down before
reading a short statement. He said he wanted to apologize to Jersey's family,
his former wife and his family.
"I hope someday they can find it in their hearts to forgive me. Thank you."
Benton County sheriff's deputies then led Holly from the courtroom.
Jersey's nude body was found Nov. 20, 2012, in the bedroom closet of an
abandoned house next to Holly's home on Southeast A Street. She had been
strangled to death with her pajama pants.
Nathan Smith, Benton County prosecuting attorney, described the crime as an
"evil deed" that deserved the ultimate punishment -- the death penalty.
In an effort to save his life, Holly's attorneys presented witnesses and
testimony that detailed Holly's abusive childhood in California.
"I'm disappointed," Kent McLemore, one of Holly's attorneys, said of the
verdict.
Jurors leaving the courtroom declined to comment.
Smith thanked the jury for its decision.
"It was important for our community to return with this verdict for this
crime," he said.
Crouch said she was grateful for support from her immediate family and backup
family. One of the members of Crouch's backup family is Colleen Nick with the
Morgan Nick Foundation, which provides a support network to parents and
families of missing children.
She sat through much of the trial to support Crouch.
"It was an honor to support her," Nick said. "Today, Arkansas stood up and
served justice. Justice was served today."
Karren set Nov. 16, 2016, as Holly's execution date. Judges are required to set
execution dates, but Holly will not be executed that day, since a mandatory
appeal will be filed.
Prosecutors have talked with Jersey's family and explained the appeal process,
Smith said. Smith believes the verdict will stand through the appeal process.
Jersey's family, their supporters, police officers and prosecutors gathered
Wednesday afternoon near her grave at the Bentonville Cemetery and released
doves in her memory.
(source: ArkansasOnline.com)
NEBRASKA:
Killing it----Nebraska's ban is another sign of the decline in support for the
death penalty
"We would have ended any other government programmes that inefficient and
costly a long time ago," says Colby Coash, a Republican lawmaker in Nebraska.
Mr Coash is 1 of 32 legislators in Nebraska's unicameral parliament who, in a
bipartisan effort, voted for a bill to ban the death penalty. On May 26th Pete
Ricketts, the Republican governor, vetoed the proposed bill, but a day later
the state house overrode his veto.
Nebraska is about to become the 19th state to ban capital punishment and the
first conservative state to do so in more than 40 years. (New Mexico,
Connecticut, Illinois and Maryland abolished the death penalty in the past six
years, but they were all then led by Democrats.) The state has not executed any
prisoner since 1997, when it used an electric chair to do so, a method it
subsequently declared illegal. Ten prison inmates are on death row; an 11th
died of natural causes on May 24th.
A growing number of Republicans have recently taken up the cause of banning the
death penalty in Nebraska and other states. They argue that it is inefficient
because it does not deter murderers, more expensive than imprisonment for life
thanks to the costly trials and lengthy appeals, and at odds with Christian
morality. The evidence seems to back their arguments. The murder rate in New
York continued to go down after the state abolished the death penalty; Texas
executes more people than any other state, yet does not have a lower murder
rate than some states without capital punishment. A report of the California
Commission on the Fair Administration of Justice showed that it costs, on
average, $90,000 a year more to keep an inmate on death row than to put him
into a maximum-security prison to serve a life sentence without parole. And
although the Old Testament says "an eye for an eye, a tooth for a tooth", the
New Testament teaches that it is better to show compassion and mercy than to
obey the law.
Marc Hyden of Conservatives Concerned about the Death Penalty, a lobby group,
views it as "antithetical to conservative principles". The trend against
capital punishment is part of Americans' increased scepticism about government
power, he says, as there is no greater power than the right to kill a citizen.
And more Americans worry that innocent people could die because of the death
penalty. Since 1973 more than 150 death sentences have been reversed.
Governor Ricketts refutes many of these arguments, which he says are both
incorrect and do not apply to Nebraska. He argues that lawmakers are out of
touch with Nebraskans, who, he says, overwhelmingly support the death penalty.
He considers it an important tool for public safety and the only appropriate
punishment for the most heinous crimes. In a statement after his veto, he
claimed that a ban would not yield any fiscal savings because the costly trials
for horrendous crimes will continue with or without the death penalty; and the
bill would be "cruel" to the relatives of victims.
"Nebraska is a microcosm of what is happening in America," says Robert Dunham,
head of the Death Penalty Information Centre. Support for the death penalty is
at an all-time low. In 1994, 80% of Americans backed it; only 56% do so today,
notes Mr Dunham. Moreover, the Pew Research Centre found that young people are
less keen than their elders on capital punishment, and blacks and Hispanics
solidly oppose it, so in the near future the abolitionists are likely to be the
majority.
Will other conservative states follow Nebraska? Although a divisive topic, it
seems to encourage some lawmakers to work together across party lines, as was
the case in Nebraska. But it will not be easy. Ernie Chambers, an independent
senator who sponsored the bill and who is 1 of only 2 African-Americans in the
Nebraskan parliament, has introduced bills to ban the death penalty every year
since he was 1st elected in 1970. "The moon was in its 7th house and Jupiter
lined up with Mars," said Mr Chambers after senators overwhelmingly voted for
the ban. The age of Aquarius might not dawn quite yet in other conservative
states.
(source: The Economist)
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