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Nation's Longest Serving Death Row Inmate Dies 40 Years After Conviction

Gary Alvord, a Florida inmate who spent more time on death row than any other inmate in the country, died on May 19 of natural causes. Alvord was 66 years old and had been sentenced to death for murder almost 40 years ago, on April 9, 1974. He suffered from schizophrenia and had no close family. Bill Sheppard, who represented Alvord for almost four decades, said, “Gary is a product of a sick system. He was a living example of why we should not have the death penalty.... I would love for the state of Florida to tell us how much money they wasted trying to kill a guy they couldn't kill. The death penalty is getting us nothing but broke.” In the time Alvord spent on death row, 75 other inmates were executed in Florida, many of whom spent half as long as he did on death row. Alvord faced execution at least twice, but his severe mental illness prevented the execution from being carried out. In 1984, he was sent to a state hospital to receive treatment for his psychiatric condition, but doctors refused to treat him, citing the ethical dilemma of making a patient well enough so he can be killed. Alvord’s final appeal expired in 1998.

NEW VOICES: Former Prosecutor Calls for Clemency in Upcoming Colorado Execution

The former Chief Deputy District Attorney from the county that prosecuted Nathan Dunlap has called on Colorado's governor to commute his death sentence to life without parole. Richard Bloch (pictured), who prosecuted dozens of homicide cases during his 20 years with the Arapahoe County DA’s office, said he believes the state’s capital punishment system is too broken to implement: “Having worked on many homicides, visited dozens of murder scenes, and, most importantly, spoken to many people who have committed violent actions against others, I understand from personal experience what so many studies show: that there is no evidence whatsoever that the death penalty deters crime and enhances public safety.” Bloch also noted the geographical and racial disparities in the state’s death penalty: all those on death row came from Arapahoe County and all are African American, even though blacks account for only 4.3% of the state’s population. Bloch wrote, “[W]e cannot ignore that the system that sentenced Mr. Dunlap to die is a system in crisis. Colorado can do better; Colorado is better than that.” Read full article below.

Texas Enacts "Michael Morton Act" Intended to Reduce Wrongful Convictions

On May 16, Texas Governor Rick Perry signed a bill known as the "Michael Morton Act" that will require prosecutors to open their files to defendants and keep records of the evidence they disclose. The Act is named for Michael Morton (pictured), who was convicted and sentenced to life in prison in 1987. He was exonerated in 2011 after DNA evidence revealed that someone else had murdered his wife. Morton's lawyers discovered that the original prosecutor had withheld evidence that could have proven Morton's innocence. The U.S. Supreme Court's decision in Brady v. Maryland (1963) already requires prosecutors to hand over to defendants any evidence that is "material either to guilt or to punishment," but Texas' new law requires disclosure of all police reports and witness statements, regardless of whether the evidence is material to guilt or punishment. Kathryn Kase, Executive Director of the Texas Defender Service, which represents death row inmates, said, "This is a great day for fairness in Texas. The Michael Morton Act will reduce wrongful convictions; it is something we can all be very proud of." Twelve inmates have been exonerated and freed from Texas' death row since 1973.

NEW VOICES: Oregon Leaders Speak Out About the Death Penalty

At a recent event at Willamette University in Oregon, various state leaders in the fields of law and criminal justice spoke critically about the state's death penalty. Former Supreme Court Chief Justice Paul De Muniz (pictured) said the death penalty was "bad public policy," almost never resulting in an execution. He spoke of having defended a murderer sentenced to death in 1988. Twenty-five years later, the Justice noted, he is now retired after a full career in the law, while the inmate is still in the midst of his appeals on death row. Noting the $28 million spent annually on the death penalty, Justice De Muniz said, “The death penalty is getting a ‘pass’ from legislative scrutiny, when looking for ways to trim Oregon’s budget to fund starving schools and public safety.” The former Superintendent of the State Penitentiary, Frank Thompson, who presided over the last executions in the state, called the current system a “failed public policy.” Thompson said that he was concerned about his staff, who had the responsibility of carrying out executions, and about the risk that some innocent people have been executed in the U.S. Retired Supreme Court Justice Edwin Peterson also announced at the sold-out event that he would begin speaking out publicly against the state’s death penalty.

LETHAL INJECTION: British Manufacturer Stops Drug Supply to Arkansas for Executions

The British manufacturer Hikma Pharmaceuticals recently announced new rules to restrict the supply of its products for unintended uses, such as carrying out executions in the United States. Earlier this year, Reprieve, a legal advocacy organization based in London, found that a U.S. subsidiary of Hikma sold 100 grams of phenobarbital to the Arkansas Department of Corrections. Arkansas decided to use the new, untested drug in their lethal injection process when they were unable to secure supplies of the drugs they normally use. A spokesman for Hikma Pharmaceuticals said the order had been made as part of the regular request for drugs for prison hospital services and did not raise any red flags because the drug had never been used in executions before. Arkansas has been contacted by the drug company and told that the subsidiary was closing the account. The state's current supply of phenobarbital is sufficient to carry out eight executions and will expire in October 2015. The state will need to seek alternative sources or different drugs when their current supply becomes unavailable. Other drug companies have put similar restrictions on the use of their drugs in executions.

Former Death Row Inmates Are Ambassadors of Change

A recent article in The Nation by David Love, the Director of Witness to Innocence, underscored the important role of people like Kirk Bloodsworth and Shujaa Graham (pictured), who were once on death row and now have been freed. These and many of the 140 other people who have been exonerated from death row have traveled the country, speaking to legislators, students, church groups, and the general public about the risks of executions. Bloodsworth's efforts in Maryland have received wide attention. Shujaa Graham, also a Maryland resident, was exonerated from death row in California after the state Supreme Court overturned his death sentence because the prosecutor had excluded African Americans from his jury. He was later acquitted in a re-trial. Both Bloodsworth and Graham recently attended the signing of the death-penalty repeal bill in Maryland.

POSSIBLE INNOCENCE: DNA Results Indicate Death Row Inmate May Be Innocent

Lawyers for Clemente Javier Aguirre recently presented the results of DNA testing to a Florida court, casting serious doubt on his guilt.  Aguirre was sentenced to death for the murder of two women in 2006. Although the DNA evidence was available at the time of his trial, Aguirre's trial lawyer never requested testing of the crime-scene evidence. Aguirre's current lawyers said that DNA results from dozens of items did not reveal Aguirre’s blood at the crime scene. Instead, the tests found blood belonging to the daughter of one of the victims, a woman with a history of mental illnessm who may be responsible for the killings. Nina Morrison, a lawyer at the Innocence Project who is assisting with Aguirre’s case said, “It’s the rare case in which you have DNA in multiple places at the scene of a homicide showing the blood of someone other than a convicted person.”

NEW VOICES: Nebraska Senator Changes Course After Hearing from Victims' Families

As Nebraska's legislature began debate on a bill to repeal the death penalty, one senator explained how his views on the issue had evolved. In an op-ed in the Lincoln Journal Star, Sen. Colby Coash said that his participation with a group celebrating an execution led him to oppose the death penalty: "I made a decision during my shame that I would no longer be a part of someone's death." A second influence was his conversations with relatives of murder victims. He quoted one family member, Merriam Thimm-Kelle, who testified to the legislature about her experience, "Death penalty supporters say that carrying out the death penalty is family closure. Closure is a myth. The death penalty does absolutely nothing for families except more pain." On March 19, the Judiciary Committee approved a repeal bill without dissent. A vote in the entire unicameral legislature may take place on May 13. (UPDATE: The repeal bill was stopped by a filibuster on May 14. The vote to end the filibuster was 28-21, but 33 votes were needed.) Read the full op-ed below.

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