Louisiana

Louisiana

Decisions Not to Seek Death in Two New Orleans Cases Highlights Louisiana's Trend Away From Capital Punishment

The New Orleans District Attorney's office has decided not to pursue the death penalty in two high-profile murder cases, highlighting a trend in Louisiana away from the use of capital punishment. In a one-week period, Leon Cannizzaro (pictured), the District Attorney for Orleans Parish, announced that his office would not seek the death penalty against Travis Boys, charged with fatally shooting a New Orleans police officer, and Chelsea Thornton, charged with killing her 3-year-old son and 4-year-old daughter. According to capital defense lawyer Nick Trenticosta, “prosecutors throughout the state are thinking twice about taking a case to trial for the death penalty.” Defense lawyers say that, in New Orleans, District Attorney Cannizzaro's office has been taking note of jury verdicts: one death sentence in 19 years. "New Orleans juries are life-giving people,” Trenticosta said. Assistant DA Christopher Bowan, a spokesperson for the Orleans DA's office, said the office evaluates each prosecution "on a case-by-case basis." In the Boys case, he said, dropping the death penalty would assure a quicker resolution of the case for Officer Daryle Holloway's family. Officer Holloway's mother, Olander Holloway, said, "I just think, at some point in time, this needed to move forward. I think with the death penalty issue, this would've dragged on forever and ever." Bowan did not give a reason for dropping the death penalty against Thornton, who has a long history of mental illness, but noted that Louisiana's prisons do not have a stock of lethal injection drugs and "there's no means for carrying out a capital verdict at this point.” No prisoner has been executed in the state since 2010, when Gerald Bordelon waived his right to appeal, and the last contested Louisiana execution was in 2002. Since the turn of the century, the state has carried out three executions, while eight death-row prisoners have been exonerated. In addition, the one case in which an Orleans Parish jury did vote for death—after convicting Michael Anderson for a quintuple murder—was overturned by the courts and later resolved with a plea to lesser charges. In 2016, federal authorities presented evidence that another man had committed the five killings.

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Rodricus Crawford Becomes 158th Death-Row Exoneree

Caddo Parish, Louisiana prosecutors formally dropped charges against Rodricus Crawford (pictured) on April 17, exonerating him in a controversial death penalty case that had attracted national attention amid evidence of race discrimination, prosecutorial excess, and actual innocence. He is the 158th person exonerated from death row in the United States since 1973. Crawford was convicted in 2012 and sentenced to death on charges he had murdered his one-year-old son. Crawford's appellate counsel, Cecilia Kappel, argued that the testimony underlying his conviction—the opinion of a local doctor who claimed the infant had been suffocated—was contradicted by autopsy results that showed pervasive bronchopneumonia in the baby's lungs and sepsis in his blood. After the trial, Kappel presented additional evidence from experts in the fields of pediatric pathology, pediatric neuropathology, and pediatric infectious disease that the child had died of natural causes. In a statement announcing that it was dropping the charges against Crawford, the Caddo Parish District Attorney's Office said, "New evidence presented after the trial raised questions about the degree of pneumonia together with bacteria in the child's blood indicative of sepsis are possibilities that require consideration. ...The death of a child is a tragedy under any circumstance for the victim, the family and the community as a whole, but this office is charged with the task to consider all of the evidence in a case and to bring a charge when the evidence can support it. For these reasons, the State has elected not to retry Rodricus Crawford." In November 2016, the Louisiana Supreme Court had ordered a new trial for Crawford because prosecutor Dale Cox had improperly removed jurors on the basis of race. Caddo has a documented pattern of racially biased jury selection, with a 2015 study finding that prosecutors struck black jurors at more than triple the rate of other jurors. Data from 22 felony trials prosecuted by Cox showed he had struck black jurors at a rate 2.7 times higher than other jurors. Cox attracted national criticism for questionable comments and practices and his perceived overzealous pursuit of the death penalty. He personally prosecuted 1/3 of all the cases in which Louisiana juries returned death sentences between 2010-2015, and wrote an internal memo on the Crawford case in 2014 stating that Crawford "deserves as much physical suffering as it is humanly possible to endure before he dies." In 2015, he told The Shreveport Times that he believed the state needs to "kill more people." Caddo Parish is among the 2% of U.S. counties responsible for a majority of death-row inmates, and had a death sentencing rate per homicide eight times higher than the rest of the state of Louisiana from 2006 to 2015. Ben Cohen, an attorney for Crawford, said, "This case has always been about injustice and the disproportionate use of the death penalty in Caddo Parish. In deciding not to retry Rodricus Crawford, the Caddo Parish District Attorney’s office is righting this injustice, restoring integrity to their office."

Louisiana Legislature Considers Bipartisan Measure to Abolish Death Penalty

Three Louisiana legislators, all of them former law enforcement officials, have proposed legislation to abolish the state's death penalty. Sen. Dan Claitor (R-Baton Rouge, pictured), a former New Orleans prosecutor who chairs the Senate Judiciary Committee, is the primary author of Senate Bill 142, which would eliminate the death penalty for offenses committed on or after August 1, 2017. The bill's counterpart in the House of Representatives, House Bill 101, is sponsored by Rep. Terry Landry (D-Lafayette), a former state police superintendent, with support from Rep. Steven Pylant (R-Winnsboro), a former sheriff. Both bills would replace the death penalty with a sentence of life without parole. In urging repeal, Sen. Claitor said he was "well aware of the need to create an environment that is hostile to violent crime and criminals. Yet," he said, "the death penalty has failed as deterrence to such horrendous criminal activity. Moreover, the death penalty is rarely utilized in Louisiana, and, when it is, the costs of appeals in these cases are extraordinarily burdensome to our law-abiding taxpayers.” Landry, who led the Louisiana State Police portion of the investigation that led to the murder conviction and death sentencing of Derrick Todd Lee, also expressed concerns about the cost and public safety value of the death penalty. "I've evolved to where I am today," he said. "I think it may be a process that is past its time." Louisiana's last execution was in 2010, but the Department of Corrections estimates that housing death row inmates costs $1.52 million per year, and the Louisiana Public Defender Board spends about 28% of its annual budget on capital cases, totaling about $9.5 million last fiscal year. That cost has also contributed to Louisiana's chronic underfunding of public defender services for non-capital cases across the state. The Catholic Church's opposition to the death penalty is also a factor in the heavily Catholic state. Sen. Claitor said his Catholic faith brought about a change of heart on the issue, and Sen. Fred Mills (R-Parks), said a statement of support for repeal, expected to be released by the Louisiana Catholic bishops, "would weigh heavy on me and on the vast majority of my constituents."

Louisiana Supreme Court Orders New Trial for Rodricus Crawford in Controversial Caddo Parish Death Penalty Case

The Louisiana Supreme Court has overturned the conviction of Rodricus Crawford (pictured) and ordered that he be given a new trial in a controversial death penalty case that attracted national attention amid evidence of race discrimination, prosecutorial excess, and actual innocence. Crawford was convicted of murdering his young son based upon the testimony of a local doctor who claimed the boy had been suffocated, although autopsy results showed pervasive bronchopneumonia in the boy's lungs and sepsis in his blood, indicating that he may have died of pneumonia. After the trial, Crawford's lawyers presented additional evidence from experts in the fields of pediatric pathology, pediatric neuropathology, and pediatric infectious disease that the child died of natural causes from pneumonia and sepsis. The court did not overturn the conviction on those grounds, however, ruling that the local doctor's testimony had provided a sufficient evidentiary basis from which jurors could have convicted Crawford. Instead, it ruled that prosecutor Dale Cox -- who gained notoriety for telling the Shreveport Times that Louisiana needs to "kill more people" with the death penalty -- had violated the constitutional prohibition against striking jurors on the basis of race when he exercised peremptory challenges to exclude five African Americans from serving on the jury. A 2015 study of jury selection in 332 criminal trials in Caddo Parish between January 2003 and December 2012 by the human rights organization Reprieve Australia showed that, historically, Caddo prosecutors were three times as likely to strike an African-American from jury service than a prospective white juror. Crawford's lawyer, Cecelia Kappel, praised the Court's decision, saying “I am so thankful that they did the right thing in this case. It was a terrible tragedy since Day 1, and his conviction was a total injustice and the court really stepped up and fixed it, and I am looking forward to continuing to work with the DA’s office in order to reach a just outcome.” James E. Stewart, who was elected as the parish’s first black district attorney in 2015, said he would reassign the case to a new assistant district attorney for "re-evaluation ... to make a determination of a proper course of action to proceed forward in this matter.” Caddo Parish is one of the 2% of counties that is responsible for 56% of all death row inmates in the U.S. and was the subject of a recent report by Harvard University's Fair Punishment Project on outlier death penalty practices. Cox -- who in 2014 wrote a memo saying that Crawford "deserves as much physical suffering as it is humanly possible to endure before he dies" and told the the jury that Jesus Christ would have imposed the death penalty in this case -- along with one other Caddo Parish prosecutor, was responsible for 3/4 of all death sentences imposed in Louisiana over a recent five-year period.

OUTLIER COUNTIES: Legacy of Racism Persists in Caddo Parish, Which Had Nation's Second-Highest Number of Lynchings

The death-sentencing rate per homicide in Caddo Parish, Louisiana was nearly 8 times greater between 2006 and 2015 than the rest of the state, making a parish with only 5% of Louisiana's population responsible for 38% of the death sentences imposed statewide. Caddo currently has more people on death row than any other parish in the state. Known as "Bloody Caddo," the parish had the second highest number of lynchings of any county in the nation. The Confederate flag flew in front of the steps to the courthouse until 2011 (pictured), where a monument to the Confederacy still stands. Inside that courthouse, 80% of defendants sentenced to death between 2010 and 2015 were Black, and no White person has ever been executed for killing a Black person in Caddo Parish. Caddo received national attention in 2015 when Acting District Attorney Dale Cox said he believed the state needed to "kill more people." Cox was personally responsible for one-third of the death sentences in Louisiana from 2010 to 2015. His controversial statements were in response to questions about the exoneration of Glenn Ford, a Black man convicted by an all-White jury, who spent 30 years on death row for a crime he did not commit. Ford's case illustrated many of the factors that have contributed to the overproduction of death sentences in Caddo Parish: racial bias in jury selection and the application of death sentences, inadequate representation, and official misconduct. A 2015 study by Reprieve Australia found that prosecutors used peremptory strikes against 46% of Black jurors, but only 15% of other jurors. One Black prospective juror was removed from a jury pool in 2009 for objecting to the presence of the Confederate flag in front of the courthouse. Like Ford, who was represented by two appointed attorneys who had never represented a criminal defendant at trial, most Caddo Parish defendants have not received adequate representation. In the last decade, 75% of people sentenced to death in Caddo Parish were represented by at least one lawyer who does not meet recently-imposed standards for capital attorneys. Official misconduct, like the false police testimony in Ford's trial, has also contributed to the high number of death sentences in Caddo. In 2014, Dale Cox wrote a memo regarding the capital trial of Rodricus Crawford in which he stated that Crawford, "deserves as much physical suffering as it is humanly possible to endure before he dies." Crawford was convicted and sentenced to death for allegedly killing his infant son, despite medical evidence that the child actually died of pneumonia. Caddo prosecutors have a history of seeking death against the most vulnerable Black defendants: Lamondre Tucker and Laderrick Campbell were 18 years old at the time of their offenses and both had IQs in the intellectually disabled range; Corey Williams, who was 16 and removed from death row after being found to be intellectually disabled, is still serving a life sentence despite powerful evidence that his confession was coerced and that others committed the offense for which he was condemned. In November 2015, Caddo Parish elected its first Black District Attorney, James E. Stewart, Sr., who pledged, "to bring professionalism and ethics back to the district attorney’s office." 

Death Row Exoneree Requests DOJ Investigation of Systemic Prosecutorial Misconduct in Louisiana

Louisiana death row exoneree John Thompson (pictured, center), who was wrongly convicted of two different New Orleans murders as a result of prosecutorial misconduct, has filed a petition with the United States Department of Justice seeking an investigation of more than 100 cases prosecuted by former Orleans Parish assistant district attorney James Williams. Thompson filed his petition on August 2 under provisions of the Law Enforcement Misconduct Statute, which makes it a violation of federal law for police or prosecutors to engage in a pattern or practice of conduct that deprives individuals of their constitutional rights. Thompson's petition alleges that Williams "grossly violated his duty, the power entrusted to him and the constitutional rights of countless defendants he prosecuted," including five cases in which death sentences Williams obtained were later overturned for official misconduct. Thompson was wrongfully convicted and sentenced to death in 1985. He was exonerated in 2003 after his attorney uncovered crucial blood analysis evidence that had been improperly withheld by the Orelans Parish District Attorney's office. In 2007, a jury awarded him $14 million in damages in a suit he filed against the prosecutor's office, but the U.S. Supreme Court overturned that award by a 5-4 vote in 2011, expanding the scope of individual prosecutorial immunity and finding that Thompson had not proven that the district attorney’s office itself was responsible for the individual prosecutors' negligence. In dissent, Justice Ruth Bader Ginsburg wrote, "What happened here . . . was no momentary oversight, no single incident of a lone officer’s misconduct. Instead, the evidence demonstrated that misperception and disregard of Brady’s disclosure requirements were pervasive in Orleans Parish." Thompson said his new petition was prompted in part by concern for defendants who were prosecuted by Williams but did not receive a death sentence. "I was blessed to be on Death Row because it gave me access to attorneys, who eventually proved my innocence," he said. "If I weren't given a death sentence, I'd still be in Angola. My question is: What happened to the 95 or more men who Williams prosecuted but didn't get a death sentence? Where are they now?" Emily Maw, director of the Innocence Project New Orleans, said that New Orleans has the highest exoneration rate per capita in the country. Despite that fact, she said, "no state entity has taken it upon themselves to identify that this is a problem."

U.S. Supreme Court Orders Reconsideration of Three Cases in Light of Jury Selection Decision

The U.S. Supreme Court granted writs of certiorari in three jury discrimination cases on June 20, vacating each of them and directing state courts in Mississippi, Alabama, and Louisiana to reconsider the issue in light of the Court's recent decision in Foster v. Chatman. Two of the petitioners, Curtis Flowers of Mississippi and Christopher Floyd of Alabama, are currently on death row. The third, Jabari Williams, was convicted in Louisiana of second-degree murder. Earlier this year, the Supreme Court granted Timothy Foster a new trial because prosecutors illegally excluded blacks from his jury. Flowers, Floyd, and Williams all raised issues of racial discrimination in jury selection that were rebuffed in the state courts. As in Foster's case, the prosecutor's notes in Floyd reflect race-conscious jury strikes. Floyd's prosecutor marked African American potential jurors with a "B" on its list of jurors to remove, then struck 10 of 11 black prospective jurors. Flowers has been tried six times. His first two convictions were overturned because of prosecutorial misconduct, and his third as a result of racial bias in jury selection. His fourth trial ended in a mistrial and his fifth trial resulted in a hung jury. At his most recent trial, eleven white jurors and one black juror convicted him after just 30 minutes of deliberation. The Equal Justice Initiative, which represents Floyd, released a statement saying, "Racial bias has been a longstanding problem in Alabama, where more than two dozen cases have been reversed after courts found that prosecutors engaged in intentional racial discrimination during jury selection." EJI Executive Director, Bryan Stevenson, said racial bias in jury selection “undermines the integrity of the criminal justice system.” He told the Montgomery Advertiser, "What we’ve found is regardless of the race of the defendant, a lot of prosecutors appear not to trust black people in juries, which is illegal and unconstitutional.”

Former Louisiana Chief Justice Asks Supreme Court to Review Case Presenting "Endemic" Prosecutorial Misconduct

Pascal Calogero (pictured), former associate and chief justice of the Louisiana Supreme Court, has called upon the U.S. Supreme Court to review the case of David Brown, a Louisiana death row prisoner who is challenging his sentence on the grounds that prosecutors withheld exculpatory evidence. Brown says prosecutors violated the Supreme Court's ruling in Brady v. Maryland, which requires disclosure of evidence that would be favorable to a defendant, whether relating to his guilt or in reaching a sentencing decision. In Brown's case, prosecutors had known for months that one of his co-defendants had confessed to having committed the killing with the help of a third co-defendant. They nonetheless withheld the confession from the defense, undermining Brown's claim that he was not the killer and that the victim was still alive the last time Brown had seen him. The evidence withheld in Brown's case is strikingly similar to the evidence presented to the Supreme Court in Brady itself—a co-defendant's admission that he, and not the defendant, was the actual killer. Nevertheless, the Louisiana Supreme Court said the withheld evidence would not have been favorable to Brown and ruled that no constitutional violation had occurred. "Brady issues are and have been, for decades, an endemic and persistent problem in Louisiana courts in both capital and noncapital cases," Calogero wrote in an op-ed in The National Law Journal. "The Louisiana Supreme Court had a chance to address this in Brown, but instead, once again, neglected to do so." The Open File, a website devoted to prosecutorial accountability, said that "Louisiana has a uniquely sordid history when it comes to prosecutorial misconduct." The Supreme Court has overturned three Louisiana death penalty cases for withholding exculpatory evidence, including the case of Michael Wearry earlier this year, and police or prosecutorial misconduct has been a factor in all ten Louisiana death-row exonerations to date. In addition, The Open File reported that the state court's rejection of Brown's Brady claim has "perversely ... undercut" the state's process for attorney discipline. Although it is undisputed that the prosecutors knew about and withheld evidence of the co-defendant's confession, the Louisiana Office of Disciplinary Counsel was unable to disclipline the prosecutors involved because the state court had ruled that the confession was not "favorable" evidence and the so the failure to disclose it could not be considered a violation of state ethical rules. The Court is scheduled to conference on June 16 on whether to accept Brown's case for review.

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