New Voices

NEW VOICES: Bipartisan Former Governors Support Death Penalty Exemption for Those With Severe Mental Illness

In a joint op-ed for The Washington Post, former governors Bob Taft (pictured, l.) and Joseph E. Kernan (pictured, r.) have expressed bipartisan support for proposed legislation that would prohibit the use of the death penalty against people who have severe mental illness. Taft, a former Republican governor of Ohio, and Kernan, a former Democratic governor of Indiana, call the execution of mentally ill defendants "an inhumane practice that fails to respect common standards of decency and comport with recommendations of mental-health experts." They highlight recent executions of Adam Ward, who exhibited symptoms of mental illness by the age of four, and decorated Vietnam War veteran Andrew Brannan, whom the Department of Veterans Affairs classified as 100% disabled as a result of his combat-related posttraumatic stress disorder and bipolar disorder, as examples of severely mentally ill defendants who "continue to be sentenced to death and executed" in the United States. Legislators in Arkansas, Indiana, Ohio, South Dakota, Tennessee, Texas, and Virginia have introduced legislation in 2017 that would prohibit the death penalty for people with severe mental illness, arguing that these defendants are less culpable, more vulnerable to wrongful conviction, and often falsely perceived by jurors as more dangerous. Taft and Kernan explain that "Legislation being considered on this topic varies by state, but each bill creates a case-by-case decision-making process—conducted by either a judge or jury—to determine if a defendant has a severe mental illness. Only those with the most serious diagnoses would qualify." They urge legislatures to pass these measures, saying, "This is a fair, efficient and bipartisan reform that would put an end to a practice that is not consistent with current knowledge about mental illness and fundamental principles of human decency."

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.

Florida Black Caucus, Victim's Parents Urge Governor to Rescind Order Removing Prosecutor For Not Seeking Death Penalty

The Florida Legislative Black Caucus has joined more than 100 lawyers and legal experts and the parents of murder victim Sade Dixon in urging Governor Rick Scott to rescind his order removing Orange-Osceola County State Attorney Aramis Ayala (pictured) from a high-profile double murder case in which she decided to not seek the death penalty. The other victim in the case, Lt. Debra Clayton, was an Orlando police officer. Governor Scott did not speak with Dixon's family before issuing an order removing Ayala and appointing a Special Prosecutor to the case. At a press conference on March 23, Sen. Perry Thurston (D-Lauderhill), chairman of the legislative black caucus, said "Gov. Scott's hasty response to State Attorney Ayala's announcement set a dangerous precedent and is a slap in the face of the voters who carried her into office." He called the order "little more than an unfettered and uninformed power grab by the governor's office over a difference of opinion." Rep. Sean Shaw (D-Tampa) highlighted the racial history implications of the Governor's action, saying, "Clearly all the data and all the studies show that the death penalty is applied with racial bias, particularly in Florida. This is still the case and has always been the case, and by standing against the death penalty, State Attorney Ayala is standing with communities of color." Ayala, Florida's first African-American elected state attorney, was removed by a white governor and replaced with a white prosecutor. The defendant, Markeith Loyd, is black. Both parents of Sade Dixon, Loyd's ex-girlfriend who was pregnant at the time of the murder, supported State Attorney Ayala's decision not to subject them to the ordeal of extended death penalty proceedings, and oppose Gov. Scott's decision to remove her from the case. "Life, no chance of parole, we get closure," said Ron Daniels, Dixon's father, "but now if you give him the death penalty, he comes back. Every time he appeals this family or any family has to relive that case all over again." Ayala also received support from a group of 100 law professors, judges, and attorneys, who said in a letter to Gov. Scott, "We believe that this effort to remove State Attorney Ayala infringes on the vitally important independence of prosecutors, exceeds your authority, undermines the right of residents in Orange and Osceola counties to the services of their elected leaders, and sets a dangerous precedent." Following her decision not to seek the death penalty, a white employee of the Seminole County clerk of courts wrote on Facebook that Ayala "should be tarred and feathered if not hung from a tree." Rep. Shaw responded: "It's 2017 and the newly elected state attorney was threatened with a lynching. That's why we're here today. The death penalty is a link to the sordid past of Florida where lynching was used to terrorize our community." The courts' employee subsequently resigned.

Harper's Magazine Profiles Conservatives Concerned About the Death Penalty

A feature story in the March issue of Harper's Magazine explores the growing conservative movement against the death penalty, with a focus on the group Conservatives Concerned About the Death Penalty and its national advocacy coordinator, Marc Hyden (pictured). Hyden, who previously worked on Republican campaigns and was a field representative for the NRA, explained the genesis of his views against the death penalty. His opposition to the death penalty came from his pro-life beliefs, concerns about wrongful convictions, and the high cost of the death penalty, which violated his belief in small government. “There’s really no greater power than the power to take life, and currently our government can kill its citizens,” he said. “I don’t think there’s anything limited in that.” The article recounts one meeting Hyden had with Tea Party members in his native Georgia. After pointing out notable conservatives who oppose the death penalty, discussing the financial burdens imposed on communities by capital punishment, and providing examples of innocent death-row prisoners who were later exonerated or executed, Hyden asked the group, “Do you trust the government to fairly administer the death penalty?” Polling from the Pew Research Center shows that support for the death penalty among those identifying themselves as conservative Republicans dropped by seven percentage points between 2011 to 2015, while support among white Evangelical Protestants dropped by 6 percentage points. Hyden and his colleague, Heather Beaudoin, an evangelical Christian and former staff member at the National Republican Congressional Committee, have worked to bolster that trend, highlighting the numerous conservative voices already speaking out about capital punishment and creating an environment in which conservative officials and groups understand they are not alone in their opposition to the death penalty. They helped to shift the National Association of Evangelicals from strong support for capital punishment to a more neutral stand that acknowledges "systemic problems" in the administration of the death penalty in the United States and that "a growing number of evangelicals now call" for a shift away from its use, and have worked with conservative legislators in states such as KansasMontana, Utah, and Nebraska to bolster bipartisan support for abolition legislation. 

Florida Prosecutor Announces She Will No Longer Seek Death Sentences, Governor Moves to Exclude Her From Police-Killing Case

Saying that pursuing the death penalty "is not in the best interests of this community or in the best interests of justice," Orange-Osceola County, Florida State Attorney Aramis Ayala (pictured) announced on March 16 that her office would not seek the death penalty while she is State Attorney. Ayala—the first black elected prosecutor in Florida—said that as State Attorney, it was her obligation to make policy decisions based on the evidence and that, after reviewing the evidence, she had concluded that the death penalty had failed as a deterrent, drained public resources, and made promises to family members of murders victims that the system could not keep. She said, “I am prohibited from making the severity of sentences the index of my effectiveness. Punishment is most effective when it happens consistently and swiftly. Neither describe the death penalty in this state.” As of January 2013, Orange County had more prisoners on its death row than 99.2% of U.S. counties and was among the 2% of counties responsible for more than half of all executions in the U.S. since 1976. However, the county has been moving away from the death penalty and had imposed only one new death sentence since 2012. Ayala's decision produced both praise and immediate backlash. Civil rights groups and faith leaders praised the announcement. Adora Obi Nweze, president of the Florida State Conference NAACP, called the move "a step toward restoring a measure of trust and integrity in our criminal justice system.” "A powerful symbol of racial injustice has now been discarded in Orange County," he said. Florida attorney general, Pam Bondi, blasted the decision as a “blatant neglect of duty.” Governor Rick Scott immediately asked Ayala to recuse her office from the high-profile prosecution of Markeith Loyd, who is accused of killing his ex-girlfriend and an Orlando police officer, and when she refused to step down, he issued an executive order appointing Lake County State Attorney Brad King, a former Vice President of the Florida Prosecuting Attorneys Association, to prosecute Loyd. That decision also provoked immediate criticism. Howard Simon, executive director of the American Civil Liberties Union of Florida, said "this a dangerous precedent” and asked “Whenever the governor doesn’t like the exercise of prosecutorial decision by an elected prosecutor, he’s going to step in and appoint somebody else?”

Inventor of Midazolam Opposes Its Use in Executions

As U.S. pharmaceutical companies have removed medicines from the market to prevent states from obtaining them for executions, states have turned to alternatives, like the sedative midazolam. Dr. Armin Walser, who was part of the team that invented the drug in the 1970s, is dismayed at that development. “I didn’t make it for the purpose” of executing prisoners, Dr. Walser told The New York Times. “I am not a friend of the death penalty or execution.” For most of midazolam's history, the medicine was used only for its intended purpose: as a sedative in procedures like colonoscopies and cardiac catheterizations. Since 2009, however, six states have used it to carry out a total of 20 executions. Midazolam's use in executions has been marked by controversy because, critics argue, it is a sedative, not an anesthetic, and does not adequately anesthetize the condemned prisoner before painful execution drugs are administered. Megan McCracken, a specialist in lethal injection litigation with the University of California-Berkeley law school said, “Time and time again when you see executions with midazolam, you see, at best, surprises and, at worst, very bad executions.” Midazolam was used in the botched executions of Dennis McGuire in Ohio, Clayton Lockett in Oklahoma, Joseph Wood in Arizona, and Ronald Smith in Alabama. In January 2017, a federal magistrate judge barred Ohio from using midazolam in executions, saying that its use presented a substantial and objectively intolerable risk of serious pain and suffering during executions. As a result of litigation challenging Arizona's lethal injection protocol in the wake of Wood's execution, that state agreed that it would never again use midazolam. The manufacturer of the drug has said it “did not supply midazolam for death penalty use and would not knowingly provide any of our medicines for this purpose," leaving states to turn to alternative suppliers if they want to continue using midazolam in executions. Walser said that, when he learned about midazolam's use in executions, "I didn't feel good about it."

Ohio Jurors Report Emotional Toll of Serving on Capital Case

The costs of the death penalty are more than financial, they are emotional; and these effects are felt not just by the parties to the trial and the families of victims and defendants, but by the jurors as well. A recent report in the Akron Beacon Journal describes the traumatic psychological impact serving in the Summit County, Ohio death penalty trial of Eric Hendon had on the jurors in that case. After a three-month trial and capital-sentencing hearing, the jury found Hendon guilty of a 2013 triple murder and sentenced him to life without parole. Before the trial even began, one juror wrote about her concerns about the death penalty, saying, "It is very difficult for me to fathom crime against people, especially violent crime. It is equally difficult for me to fathom how capital punishment can be good. I understand it is our law. If necessary, I will do my duty. I must admit, though, my hope coming in was that I would serve on a trial that would not tear my soul apart." In the aftermath of the trial, several jurors said the experience had adversely affected them. One juror reported trouble sleeping for weeks after the trial ended. Another said he was haunted by images of the crime. A white juror reported becoming paranoid after the trial, saying seeing two black men (defendant Eric Hendon is also black) in an older model car near his home "kind of freaked me out." A number of jurors did not want to talk to the press and, fearing harassment for their jury service, tried to keep their names and addresses from being released to the Beacon Journal. After the trial ended, Judge Amy Corrigan Jones held hearings to decide whether to release the jurors' information. Six jurors attended the hearings and said they worried for their safety if their information was released. One woman became emotional at the hearing, saying she did not want to relive the experience. “I don’t want to think about this,” she said. “I need to stop messing with my life. I need to move on.”

American Nurses Association Adopts Position Statement Against Capital Punishment

In an expansion of their stance opposing nurse participation in executions, the American Nurses Association (ANA) announced on February 21, 2017 that the organization now for the first time opposes capital punishment itself. "Capital punishment is a human rights violation, and ANA is proud to stand in strong opposition to the death penalty," ANA President Pamela F. Cipriano said. "All human beings, regardless of their crimes, should be treated with dignity. For those states where capital punishment is currently legal, the American Nurses Association will continue to provide ethical guidance, education, and resources for nurses and other health care providers dealing with these ethical dilemmas." The ANA had long opposed nurses participating in the death penalty in any role, adopting that position in 1983. “The drafters of the subcommittee were initially supporters of the death penalty until they started doing research," Liz Stokes, the senior policy advisor for the ANA Center for Ethics and Human Rights, said. But as they studied the issue, she said, they were moved by the body of evidence showing problems in the way it was administered. Ultimately, the ANA’s board of directors unanimously adopted the new position. The ANA statement offers nine reasons for the association's opposition to the death penalty, including racially and geographically biased application, the risk of executing innocent people, botched executions, and high costs. The new position aligns with the International Council of Nurses, which "considers the death penalty to be cruel, inhuman and unacceptable," and reflects a growing consensus among medical organizations that participation in executions by medical professionals is unethical. The American Medical Association, American Board of Anesthesiology, and American Pharmacists Association, among others, have discouraged or forbidden their members from participating in executions and American pharmaceutical manufacturers have adopted policies seeking to prevent misuse of their medicines as execution drugs.

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