Louisiana

Louisiana

John Thompson, Death-Row Exoneree and Social Justice Activist, Has Died

Death-row exoneree John Thompson (pictured), described by Innocence Project New Orleans director Emily Maw, as "an amazing force in the world" and a "national legend," died October 3 at a New Orleans-area hospital after suffering a heart attack. Exonerated in 2003, he had survived a corrupt Orleans Parish prosecution, seven death warrants, and an imminent execution by the state of Louisiana for a murder he did not commit. Following his release, Thompson became a national advocate for criminal justice reform and founded Resurrection After Exoneration, a re-entry and support program for released prisoners. Thompson's odyssey towards exoneration began when he was wrongly charged with, and wrongly convicted of, two crimes that took place a few months apart in 1984—a carjacking and the unrelated murder of New Orleans hotel executive Ray Liuzza, Jr. He was wrongly sentenced to death for Liuzza's murder. Just 30 days from an execution date, an investigator in his case discovered a report about exculpatory blood evidence on the carjacking victim's clothes that the state had never revealed. The blood did not belong to Thompson and both the carjacking and murder cases against him soon unraveled.  A former prosecutor revealed that one of the prosecutors who tried Thompson, Gerry Deegan, had confessed on his death bed in 1994 that he intentionally hid the blood evidence. Thompson won a new trial and was acquitted and released in 2003. He had spent 18 years in prison (14 years on death row), and lost his grandmother and father during that time. Thompson was prosecuted by the Orleans Parish Assistant District Attorney's office during the administration of District Attorney Harry Connick, Sr. His lead prosecutor, James Williams—who had a replica electric chair on his desk and framed photographs of the men he had sent to death row on his office wall—told a reporter in 2007, “There was no thrill for me unless there was a chance for the death penalty.” 11 of the 36 men sentenced to death during Connick’s tenure had their convictions overturned as a result of prosecutorial misconduct, and four—including two wrongly prosecuted by Williams—were exonerated. Thompson later won a federal jury verdict for $14 million in 2007 after suing the District Attorney's Office for prosecutorial misconduct, but the U.S. Supreme Court, in a controversial 5-4 decision written by Justice Clarence Thomas, reversed the verdict, ruling that the prosecutors had immunity from liability. In a 2011 op-ed in the New York Times, The Prosecution Rests, but I Can't, Thompson wrote that more than money, justice was at stake. "I don't care about the money," he said. "I just want to know why the prosecutors who hid evidence, sent me to prison for something I didn't do and nearly had me killed are not in jail themselves."

U.S. Supreme Court to Hear Louisiana Death Penalty Case Where Lawyer Conceded Guilt Over Client's Objection

The United States Supreme Court will review a Louisiana death-penalty case to answer the question "Is it unconstitutional for defense counsel to concede an accused’s guilt over the accused’s express objection?" On September 27, the court agreed to hear McCoy v. Louisiana, a case in which defense counsel informed the jury in his opening argument that Robert McCoy (pictured)—who was charged with murdering the son, mother, and stepfather of his estranged wife—had "committed these crimes," even though McCoy had consistently maintained his innocence and repeatedly objected to the defense strategy. The case is one of a number of Louisiana death penalty cases in which defense lawyers have told death penalty juries, against the defendant's wishes, that their clients had committed the killing. In McCoy's case, the prosecution offered a plea deal that McCoy turned down against the advice of his lawyer, Larry English. When English later told McCoy that he intended to concede McCoy's guilt, McCoy objected and tried to fire English two days before the start of the trial. The trial court refused to remove English from the case, and also denied McCoy’s request to represent himself. When English conceded guilt during the opening statement, McCoy interrupted, saying the police had killed the victims. He later took the stand and testified that he had been framed for the murders by a drug trafficking ring headed by law enforcement. McCoy's petition for review was supported with amicus (friend of the court) briefs by the Yale Law School Ethics Bureau and the Louisiana Association of Criminal Defense Lawyers. English had argued that he had admitted guilt as part of his ethical duty to try to save McCoy’s life. The Ethics Bureau, however, argued that conceding McCoy's guilt over his express opposition was an "egregious" violation of the lawyer's ethical duty. It wrote that the rules of ethics "do not allow a lawyer to sell out his client in court against their wishes." The brief of the Louisiana defense lawyers, joined by the Promise of Justice Initiative, said the court's refusal to permit McCoy to obtain new counsel was emblematic of a pattern of decisions undermining the right to meaningful representation in Louisiana death penalty cases. The brief pointed to 12 capital cases in which Louisiana courts resolved disagreements between capital defendants and their lawyers in a manner that was detrimental to the defendant. The brief said that, in four cases since 2000, the Louisiana courts had allowed capital defense counsel to concede guilt over their clients’ express objection. In four other capital cases during that time frame, capital defendants were required to represent themselves to avoid having their lawyer concede guilt. Four other times, invoking the same right to personal autonomy over litigation decisions that they rejected in the prior circumstance, the state courts gave capital defendants who wanted to waive rights final say in doing so. “What can be distilled from Louisiana’s approach is that when a question about a defendant’s autonomy arises, Louisiana appears to resolve the question in favor of expediency, rather than autonomy or dignity,” the brief said. "Rather than a principled and consistent commitment to the autonomy and dignity of capital defendants, the Louisiana Supreme Court has adopted a set of rules that ameliorates always to the benefit of the state, and never to the defendant."

Report Finds High Levels of Misconduct in Four Top Death Sentencing Counties

Four counties that rank among the most aggressive users of capital punishment in the United States have prolonged patterns of prosecutorial misconduct, according to a new report by the Harvard-based Fair Punishment Project. The report, "The Recidivists: Four Prosecutors Who Repeatedly Violate the Constitution," examined state appellate court decisions in California, Louisiana, Missouri, and Tennessee from 2010-2015, and found that prosecutors in Orange County, CAOrleans Parish, LASt. Louis City, MO; and Shelby County, TN—all of which currently face allegations of significant misconduct—ranked among the most prolific perpetrators of misconduct in their respective states. Orange and Shelby counties ranked 7th and 13th among the 2% of counties responsible for a majority of death-row prisoners in the U.S. as of January 2013, each having more individuals on their death rows than 99.5% of all counties in the country. In the midst of a scandal on an illegal, multi-decade practice of placing informants next to targeted prisoners to attempt to extract confessions from them, Orange County imposed more death sentences from 2010-2015 than all but five other U.S. counties. St. Louis City ranked 10th in executions from 1976-2012, and Orleans Parish has long been known for its prosecutors' failures to disclose exculpatory evidence to capital defendants, including three cases that have been the subjects of decisions by the U.S. Supreme Court. The statewide misconduct rankings produced by the Fair Punishment Project show that these counties are outliers not only in their heavy use of the death penalty, but also in their patterns of prosecutorial misconduct. Among the types of misconduct found by appellate courts were withholding exculpatory evidence, improper arguments at trial, and hiding deals and favorable treatment offered to informants in exchange for their testimony. In one case from St. Louis, prosecutors: suppressed evidence in the death-penalty trial of Reginald Clemons that would have supported Clemons' claim that he confessed only after having been beaten by police; never disclosed the existence of a rape kit that could have identified the perpetrator; and presented testimony in a co-defendant's trial that another person had committed acts attributed to Clemons at his trial. Longtime prosecutor Nels Moss, Jr. also advised police officers to omit certain observations that were initially included in their reports. Clemons was convicted and sentenced to death, but was awarded a new trial—scheduled for 2018—because of this misconduct.

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." 

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