Victims

30 Years After Murder, 14 Years After Supreme Court Ruling, Pennsylvania Drops Death Penalty At Request of Victim's Family

Thirty years after the crime that sent him to Pennsylvania's death row and 15 years after his case was argued in the U.S. Supreme Court, David Sattazahn was resentenced to life without parole—the sentence he initially received in his first trial in 1991. Prosecutors, defense attorneys, and the victim's family all agreed that a life sentence was the best outcome at this point in the case. Sattazahn was convicted of first-degree murder and the court sentenced him to life in prison in 1991 when his Berks County sentencing jury split 9-3 in favor of a life sentence. After his life sentence, Sattazahn pled guilty to several unrelated felony charges. His murder conviction was then overturned as a result of prejudicially inaccurate jury instructions, and in his retrial, prosecutors again sought the death penalty, using his guilty pleas as a new aggravating circumstance. In 1999, he was retried and sentenced to death, becoming the first death-after-life-sentenced defendant under Pennsylvania's death penalty statute. His appeal in that trial reached the U.S. Supreme Court (argument, pictured), which ruled 5-4 in 2003 that the non-unanimous jury vote in his case did not constitute a finding rejecting the death penalty, even though it had resulted in a life sentence. As a consequence, the Court wrote, subjecting Sattazahn to a second capital prosecution did not violate the Double Jeopardy clause of the U.S. Constitution. Sattazahn's 1999 death sentence was overturned in 2006 because of ineffective assistance of counsel. Faced with the possibility of a third sentencing hearing and additional appeals, the family of murder victim Richard Boyer, Sr. agreed that dropping the death penalty in favor of life without parole would help bring them closure. “Every time we try to get on with our lives, we're back in court, reliving that night again and again. There has to be an end to this madness,” said Barbara Spatz, Boyer's sister. Senior Deputy Attorney General Anthony Forray said his office consulted with Boyer's four children and four siblings before deciding to drop the death penalty. “No family should have to go through this,” Forray said. “The commonwealth believes that what is occurring today is the appropriate thing to occur if this family is ever going to have closure and if this is ever going to come to an end.” At a May 24, 2017 hearing in Reading, Pennsylvania, the Berks County Court of Common Pleas formally resentenced Sattazahn to life.

Texas Court Stays Execution of Paul Storey Based on False Argument About Wishes of Victim's Family

The Texas Court of Criminal Appeals has issued an order staying the scheduled April 12 execution of Paul Storey. The unpublished April 7 order sends Storey's case back to the trial court to consider whether the prosecution knowingly presented false evidence about the victim's family's views on the death penalty. Storey had been scheduled to be executed on April 12. His lawyers argued that "the State denied him his right to due process because it argued "evidence it knew to be false" when prosecutors told jurors that the family of victim Jonas Cherry supported a death sentence for Storey. During the penalty phase of Storey's trial, the prosecution argued that "[i]t should go without saying that all of Jonas [Cherry’s] family and everyone who loved him believe the death penalty was appropriate." However, Cherry's parents (pictured) say they always opposed the death penalty and had made their beliefs known to the prosecution at the time of Storey's trial. They recently released a video and statement in support of clemency, saying "Paul Storey’s execution will not bring our son back, will not atone for the loss of our son and will not bring comfort or closure." Storey presented his claim as part of a second state post-conviction challenge to his death penalty. He faces the procedural hurdle of establishing that the evidence supporting this claim could not have been discovered "with the exercise of reasonable diligence" at the time he filed his initial post-conviction petition. The stay continues a recent pattern of decisions by the Texas court permitting judicial review of claims that death sentences had been procured as a result of false or unreliable prosecutorial evidence or argument. In August 2015, the Court stayed Nicaraguan national Bernardo Tercero's execution based on allegations that he had been "denied due process because the State presented false testimony at his trial." In May 2016, the court stayed the execution of Charles Flores to permit him to challenge the use of scientifically unreliable hypnotically refreshed testimony. One month later, it stayed the execution of Robert Roberson to permit him to challenge the State's use of "false, misleading, and scientifically invalid testimony” about Shaken Baby Syndrome. And in August 2016, the Court stayed the execution of Jeffery Wood to permit him to litigate a claim that prosecutors had presented false scientific evidence and false testimony from a discredited psychiatrist to persuade the jury that Wood would pose a future danger to society.

Texas Murder Victims' Parents Seek Death Sentence Commutation for Paul Storey

Judy and Glenn Cherry (pictured), the parents of Jonas Cherry, have asked Texas state and local officials not to execute Paul Storey, the man convicted of killing their son. The state has scheduled Storey's execution for April 12. In a letter to Tarrant County District Attorney Sharen Wilson, Gov. Greg Abbott, state District Judge Robb Catalano, and the Texas Board of Pardons and Paroles, the Cherrys ask state officials to commute Storey's sentence to life without parole. They write, "Paul Storey’s execution will not bring our son back, will not atone for the loss of our son and will not bring comfort or closure." Storey's commutation efforts have also drawn support from one of the jurors in his case, Sven Berger, who has provided an affidavit for the defense. Berger says the jury was unaware of evidence of Storey's mental impairments at the time it rendered its verdict, and that, had that information been available, it would have affected his decision. He was also affected by learning that Tarrant County prosecutors had agreed to give Storey's co-defendant, Mike Porter, a plea deal for a life sentence. “It seemed clear to me that Porter was the leader,” Berger said. "It was infuriating to see Porter get life and Storey get death.” But most importantly, Berger said knowing the Cherrys' stance would have led him to vote differently because the prosecutor had misled jurors during the trial that the Cherrys wanted Storey to be sentenced to death. “If the family of the deceased did not want the perpetrator executed, that would have been important for me to know, and I believe it would have been important to the other jurors," Berger wrote. The Cherrys have also released a video explaining why they oppose Storey's execution and their desire to spare Storey's family the pain they felt at the loss of their son: "We have never been in favor of the death penalty. However, in the current situation before us, it pains us to think that, due to our son's death, another person will be purposefully put to death. Also motivating us, is that we do not want Paul Storey's family, especially his mother and grandmother, if she is still alive, to witness the purposeful execution of their son. They are innocent of his deeds." The Cherrys said they recently learned that Storey had been offered the same deal as Porter, but had turned it down.

Bishops Ask Georgia Prosecutor to Respect Wishes of Murdered Priest, Drop Death Penalty

Prosecutors in Augusta, Georgia are seeking the death penalty against a man accused of murdering the Rev. Rene Robert (pictured), despite their knowledge that the Franciscan priest had requested that the death penalty not be used "under any circumstances" if he were killed. On January 31, Catholic Bishops from Georgia and Florida traveled to Augusta to meet with Hank Sims, the acting district attorney for the Augusta Judicial Circuit, asking him to respect Reverend Robert's wishes and to withdraw capital charges against Steven Murray. They also delivered a petition signed by more than 7,400 people from Rev. Robert's diocese in St. Augustine, Florida, asking that the Reverend's wishes be honored. In his work as a Catholic priest, Rev. Robert had devoted his life to serving people convicted of crimes and those struggling with addiction and mental health problems. He had worked with Murray through his ministry. Twenty years before he was killed, Rev. Robert signed a "Declaration of Life" that stated: "I hereby declare that should I die as a result of a violent crime, I request that the person or persons found guilty of homicide for my killing not be subject to or put in jeopardy of the death penalty under any circumstances, no matter how heinous their crime, or how much I have suffered." His declaration also requested that the Declaration of Life be admitted as evidence at trial if the prosecution sought the death penalty for his murder, and asked that the Governor “take whatever action is necessary” to prevent any person convicted of his murder from being executed. “During my life," he wrote, "I want to feel confident that under no circumstances whatsoever will my death result in the capital punishment of another human being.” At a press conference before the meeting, St. Augustine Diocese's Bishop Felipe Estevez expressed the bishops' opposition to capital punishment. "Imposing a death sentence as a consequence of killing wrongly perpetuates a cycle of violence in our community," he said. "The death penalty only contributes to an ever-growing disrespect for the sacredness of human life. … Societies remain safe when violent criminals are in prison for life without parole." The views of Rev. Robert and the bishops reflect the Catholic Church's longstanding opposition to the death penalty, which Pope Francis reiterated in an address to Congress in 2015.

NEW VOICES: Regretting Execution, Murder Victim's Family Urges Governor to Commute Missouri's Death Row

When Missouri executed Jeff Ferguson in 2014 for the rape and murder of Kelli Hall, her father said the Hall family "believed the myth that Ferguson’s execution would close our emotional wounds." At that time, Jim Hall told reporters "It's over, thank God." But, he now says, it wasn't. In an op-ed in the Columbia Daily Tribune, Mr. Hall writes that his family has "come to deeply regret [Ferguson's] execution" and appeals to Governor Jay Nixon to commute the death sentences of the 25 men remaining on the state's death row. Hall says that several weeks after Ferguson was executed, his family viewed a documentary film that featured comments from Ferguson that "conveyed such genuine remore for the pain he caused both our family and his because of his horrible actions." A few months later, the Halls also learned that Ferguson had been a leader in the prison's hospice, GED, and restorative justice programs, including one in which prisoners listened to victims share the devastating impact the crimes had on their lives.The Hall family was able to forgive Ferguson as soon as they saw the film, and Mr. Hall says "my family wishes we had known of his involvement in these programs and been invited to participate. ... I'm convinced significant healing would have occurred for us all if our family had engaged in a frank conversation with him at the prison. I wish I had had the chance -- consistent with my Christian beliefs -- to have told him in person that I forgave him for what he did to our innocent and precious daughter." While applauding Governor Nixon for "his strong advocacy of restorative justice," Mr. Hall writes "[t]he death penalty ... stands as the concept's polar opposite." Commuting all of Missouri's death sentences to life in prison without parole, he says, "would be a true gesture of restorative justice."

STUDIES: Death Penalty Adversely Affects Families of Victims and Defendants

The death penalty adversely affects both families of murder victims and families of the accused, according to two recent journal articles. In his Psychology Today blog, Talking About Trauma, psychologist Dr. Robert T. Muller (pictured) reports that psychological studies have have found that the death penalty produces negative effects on families and friends of murder victims (referred to as "co-victims"). One University of Minnesota study found that just 2.5% of co-victims reported achieving closure as a result of capital punishment, while 20.1% said the execution did not help them heal. That may be because, as one co-victim described it, "Healing is a process, not an event.” A 2012 Marquette University Law School study reported that co-victims had improved physical and psychological health and greater satisfaction with the legal system in cases where perpetrators received life sentences, rather than death sentences. The authors of that study said co-victims, "may prefer the finality of a life sentence and the obscurity into which the defendant will quickly fall, to the continued uncertainty and publicity of the death penalty." Lula Redmond, a Florida therapist who works with family members of murder victims, said, "More often than not, families of murder victims do not experience the relief they expected to feel at the execution. Taking a life doesn’t fill that void, but it’s generally not until after the execution that families realize this." A number of co-victims expressed sympathy for family members of the condemned, but the death penalty process also can polarize the families, obstructing healing for both. An article for the University of Michigan Journal of Law Reform by Professor Michael Radelet of the University of Colorado at Boulder describes the retributive effects of the death penalty on the family, friends, and attorneys of death row prisoners. Radelet compares these impacts to the effect of life without parole and argues "that the death penalty’s added punishment over LWOP often punishes the family just as much as the inmate, and after the execution the full brunt of the punishment falls on the family. This added impact disproportionately punishes women and children." These effects on people other than the inmate, he writes, "undermine the principle that the criminal justice system punishes only the guilty and never the innocent. The death penalty affects everyone who knows, cares for, or works with the death row inmate."

U.S. Supreme Court Reverses Oklahoma Case Over Improper Victim-Impact Testimony

The U.S. Supreme Court has reversed a decision of the Oklahoma Court of Criminal Appeals that affirmed the death sentence imposed on Shaun Michael Bosse. In a unanimous per curiam decision issued October 11, the Court held that Oklahoma prosecutors had improperly presented testimony from three members of the victims' families asking the jury to sentence Bosse to death. The Court had ruled in 1987 in Booth v. Maryland that the use of victim-impact testimony in determining whether a capital defendant would be sentenced to death violated the 8th Amendment. Four years later, after a personnel change on the Court, it retreated from part of that decision, holding in Payne v. Tennessee that the presentation of testimony relating to the effect of the victim's death on his or her loved ones was constitutionally permissible. The Oklahoma Court of Criminal Appeals then ruled that Payne had implicitly overruled Booth in its entirety, permitting Oklahoma prosecutors to present highly emotional pleas from victims' family members asking juries to impose the death penalty. Oklahoma was the only jurisdiction in the country to interpret Payne in that manner, and Bosse's petition for review argued that "Oklahoma stands alone" and that its "outlier" practice was unconstitutional. The Supreme Court summarily reversed the Oklahoma court, writing that it has never overruled the portion of Booth that prohibits victims' family testimony offering "opinions about the crime, the defendant, and the appro­priate punishment." The Court further declared that its decision in Booth "remain[s] binding prec­edent until we see fit to reconsider [it]." While the Bosse decision prevents Oklahoma prosecutors from presenting this type of testimony in the future, its impact on the numerous other cases in which Oklahoma prosecutors presented this testimony is less clear. The Court remanded Bosse's case to the Oklahoma Court of Criminal Appeals, which may consider whether the improper testimony constituted harmless error. Similar harmless error review may be required in other Oklahoma cases.

Daughter of Charleston Shooting Victim Opposes Death Penalty for Accused Killer

Sharon Risher, whose mother, Ethel Lance (pictured), and cousins, Susie Jackson and Tywanza Sanders, were killed in the racially-motivated shooting at Charleston's Emanuel AME Church one year ago, says she has not foregiven Dylann Roof, the accused perpetrator, but does not think he should be sentenced to death. In an article for Vox, Risher shared her experiences since the shooting, discussing her emotional reactions to her mother's death and her views on gun control, the removal of the Confederate flag from South Carolina's statehouse, and capital punishment. Risher, who is a church chaplain, says that "[t]here is no right way to grieve." Unlike her sister, Nadine Collier, who publicly voiced her forgiveness of Roof just days after the shooting, Risher is "still in the anger stage" of grieving and says she has not forgiven Roof. Still, she does not believe a death sentence is appropriate. "Despite the anger I am still coping with from my mother’s death, I don’t believe in the death penalty, even for the man who killed her. That’s my conviction because of my faith," she said. "I don’t believe as human beings that we should take away someone’s life just because we have the power to do so." A recent poll found that nearly two-thirds of black South Carolinians prefer a sentence of life without parole for Roof if he is convicted.

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