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Mental Health Professionals, Religious Leaders Join Ricky Gray's Plea for Clemency

Ricky Gray (pictured), who is scheduled to be executed on January 18, is seeking clemency from Virginia Governor Terry McAuliffe, and his clemency petition has been joined by a diverse group of mental health professionals and the Virginia Catholic Conference. A letter signed by more than 50 mental health professionals, including two former commissioners of the Virginia Department of Behavioral Health and Developmental Services, urges McAuliffe to commute Gray's sentence because of Gray's history of "horrific" childhood abuse and his addiction at the time of the crime. Gray's jury never heard evidence that he was raped and sodomized almost daily from the ages of four to eleven, and that he turned to drugs as early as age 12 to numb the resulting trauma. At the time of his crime, he was under the influence of PCP. “In Mr. Gray’s case, his abuse and trauma were left unaddressed and predictably led to profound despair and other serious trauma symptoms, drug addiction, and the drug use that resulted in the tragic crimes he committed with Ray Dandridge,” the letter states. Gray's lawyers seek to have Gray's sentence commuted to life—the same sentence that Dandridge received. Gray's clemency petition includes reports from mental health experts who say that the extreme childhood trauma Gray endured altered his brain development, making him particularly susceptible to the effects of drugs. Gray has apologized for his involvement in the crimes, saying, "Remorse is not a deep enough word for how I feel. I know my words can’t bring anything back, but I continuously feel horrible for the circumstances that I put them through. ...There’s nothing I can do to make up for that. It’s never left my mind, because I understand exactly what I took from the world by looking at my two sisters. I’m reminded each time I talk and see them that this is what I took from the world." Governors in other states have granted clemency in some cases with similar circumstances. In September 2011, Ohio Governor John Kasich commuted the death sentence imposed on Joseph Murphy, citing Murphy's "brutally abusive upbringing." In January 2012, Delaware Governor Jack Markell commuted Robert Gattis' death sentence based on evidence of severe physical, emotional, and sexual abuse by family members. Both are now serving life sentences. Gray is also seeking a stay of execution from the U.S. Court of Appeals for the Fourth Circuit as he challenges the constitutionality of Virginia's proposed lethal injection protocol.


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Denver's Newly Elected District Attorney Says She Will Not Seek the Death Penalty

Newly-elected Denver, Colorado District Attorney Beth McCann (pictured), sworn into office on January 10, 2017, has said that her administration will not seek the death penalty. Asked by 9News, Denver's NBC affiliate, whether Denver was "done with the death penalty," McCann said: "We are under my administration. I don't think that the state should be in the business of killing people." McCann told 9News that alternative sentences provide sufficient punishment at a substantially lesser cost: "I believe that life without the possibility of parole ... gets to the punishment piece, but doesn't cost the taxpayers those millions and millions of dollars that could be used to prosecute other cases." McCann also said she would support repeal of the death penalty in Colorado. No Denver jury has sentenced a defendant to death since 1986 and, after a lengthy capital trial, a jury in August 2015 sentenced Dexter Lewis to life for the stabbing deaths of 5 people in a Denver bar. The state currently has a moratorium on executions. McCann's views are in line with those of many new district attorneys across the country. In the November 2016 elections, voters replaced prosecutors who had aggressively sought death sentences in Hillsborough County, Florida, Harris County, Texas, and Jefferson County, Alabama. In an August primary, voters in Duval County, Florida, ousted Angela Corey, one of the nation's most pro-death penalty prosecutors.


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National Black Caucus of State Legislators Call for Repeal of Death Penalty

Saying that "race plays a decisive role in who lives and who dies" in capital cases in the United States, the National Black Caucus of State Legislators (NBCSL) voted at its 40th annual conference on December 14, 2016, to adopt its first ever resolution calling for the abolition of the death penalty. The resolution states that "racial bias in the criminal justice system, including the death penalty and its application, is an undisputed fact," and notes that "from slavery to Jim Crow to the present day, the death penalty has long been a tool of injustice and discrimination." The resolution says "African-Americans, Latinos, Native Americans, and all people of color are sentenced to longer prison terms, more likely to be tried as adults, and more likely to be sentenced to death in the United States." The NBCSL joined the National Hispanic Caucus of State Legislators and the Movement for Black Lives, which passed anti-death penalty resolutions in August 2016, in advocating for legislation to repeal capital punishment statutes across the country.  In supporting death penalty repeal legislation, the NBCSL resolution cited studies and reports showing that: Black jurors are three times more likely than other jurors to be struck from a jury in a case in which a Black defendant faces a death sentence; according to 88% of criminologists, the death penalty is not an effective deterrent against crime; the death penalty has a negative impact on the families of both the murder victim and the defendant; and 156 wrongfully convicted death row prisoners have been exonerated and released from death row. "[T]he risk of executing an innocent person is higher than ever," the resolution states, "and evidence suggests that innocent African-Americans have been executed." The NBCSL also considered the excessive cost of the death penalty and the uses to which the money saved could be used as additional reasons to abolish the death penalty. The resolution says "repeal of the death penalty will free up millions of tax dollars in cash-strapped state budgets that could be redirected to violence prevention, combating implicit bias, or supporting victims of violence in Black communities." The NBCSL offered its support for "justice reinvestment initiatives and alternative programs that address criminal justice reform" and urged the "U.S. justice department to investigate the fairness, effectiveness, and costs of the death penalty and disproportionate sentencing."  Nebraska State Senator Tanya Cook sponsored the resolution, saying that the death penalty "is not a deterrent to violent crime. Period."  In 2002, the NBCSL had passed a resolution calling for a moratorium on capital punishment.


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