New York

New York

Defense Moves to Bar Death Penalty in New York Bike-Path Killings, Citing “Nakedly Political” Tweets

Defense attorneys for Sayfullo Saipov (pictured), the man accused of killing eight people by driving a truck onto a Manhattan bike path on October 31, 2017, have asked a New York federal district court to bar the U.S. government from seeking the death penalty against Saipov. Arguing that President Donald Trump has unconstitutionally injected “nakedly political considerations” into the Department of Justice's charging decision, Saipov’s lawyers on September 6, 2018, filed a motion before Judge Vincent Broderick to preclude federal prosecutors from pursuing the death penalty or, alternatively, “to appoint an independent prosecutor to decide whether the death penalty should be pursued” in the case. The defense filing cites several tweets in which the President directly called for Saipov’s execution and another in which Mr. Trump ridiculed Attorney General Jeff Sessions, who is ultimately responsible for deciding whether to seek any federal death sentence, for moving forward with two prosecutions that could cost Republicans seats in the U.S. Congress. In separate tweets shortly after the truck attack, Trump used all capital letters to demand the death penalty for Saipov, exclaiming “SHOULD GET DEATH PENALTY!” and “Should move fast. DEATH PENALTY!” In a later tweet, he referred to Saipov as a “degenerate animal.” The motion further alleges that President Trump “has recently tweeted that he expects non-case related political considerations to govern Attorney General Sessions’ charging decisions,” pointing to a tweet that “excoriated” Sessions for the indictments of “two very popular Republican Congressmen ... just ahead of the Mid-Terms.” Trump derisively tweeted: “Two easy wins now in doubt because there is not enough time. Good job, Jeff.” Saipov’s lawyers note that this tweet attack on Attorney General Sessions comes at the same time that the President’s personal attorney, Rudolph Giuliani, ‘confirmed that he and Trump have discussed Sessions’ possible removal.’” The motion argues that “[t]he pressure from Mr. Trump’s intemperate demands are simply too great for Attorney General Sessions or anyone else who works for President Trump to appropriately exercise the fact-based, independent decision-making process required” in capital cases. This, they argue, creates an unconstitutional risk that any decision to seek death will be—or appear to be—the product of “President Trump’s arbitrary, uninformed and emotional impulses ... and/or his insistence that the Justice Department’s charging decisions should be controlled by political calculations.” There is no death penalty in New York state. Federal prosecutors have not yet announced whether they intend to seek a death sentence in the case.

Experience Shows No “Parade of Horribles” Following Abolition of the Death Penalty

States that have recently abolished the death penalty have not experienced the “parade of horribles”—including increased murder rates—predicted by death-penalty proponents, according to death-penalty experts who participated in a panel discussion at the 2017 American Bar Association national meeting in New York City. Instead, the panelists said, abolition appears to have created opportunities to move forward with other broader criminal justice reforms. The transcript of that panel presentation, Life After the Death Penalty: Implications for Retentionist States, which was posted by the ABA on January 3, features discussion of the political factors that contributed to repeal and research into the effects of death-penalty abolition in those states in which repeal has recently occurred. The panel discussion, jointly hosted by the American Bar Association Section of Civil Rights and Social Justice and the New York City Bar Association in August 2017, featured four speakers with backgrounds in death-penalty activism, reform, or research: Thomas P. Sullivan, Co-Chair of the 2000 Commission on Capital Punishment in Illinois; Shari Silberstein, Executive Director of Equal Justice USA; Celeste Fitzgerald,& former Director of New Jerseyans for Alternatives to the Death Penalty; and Robert Dunham, Executive Director of the Death Penalty Information Center. The first three speakers described the circumstances that led to abolition in the six states that legislatively repealed or judicially abolished capital punishment between 2007 and 2014 and explained how abolition sponsors overcame opponents' arguments that, as Fitgerald characterized it, “abolition would bring about a 'parade of horribles.'” Silberstein summarized those worries, saying, “The death penalty proponents' arguments were all the traditional ones you would expect. They talked about the bloodbath that would come if there were no death penalty: murders would spike; the killings of police officers would spike; killings of corrections officers would spike.” Dunham discussed DPIC's research on three decades of murder rates in the U.S., which, he said, shows that abolition of the death penalty had no discernible effect on murder rates in general or murder rates of police and corrections officers killed in the line of duty. Dunham said that if the arguments advanced by death-penalty proponents were factually supported, murder rates in general and the rates at which police and corrections officers were killed should have risen after states abolished the death penalty, both in those states and in comparison to trends in other states. And, Dunham said, “if—as opponents of death-penalty abolition had argued—police officers were especially vulnerable without the death penalty and its repeal would lead to 'open season on police officers,' you'd expect to see not just an increase in the rate at which police officers were killed, but an increase in the number of murders of police officers as a percentage of all homicides.” None of this happened, he said. Instead, murders of law enforcement officers were much lower in the states that recently abolished the death penalty. “[T]he death penalty appears to make no measurable contribution to police safety,” Dunham said. The panelists also observed that repeal of capital punishment had created an opportunity for additional criminal justice reform. Sullivan noted that, prior to repeal, “[a] great deal of time, attention, and effort were spent on the few cases that involved the death penalty in Illinois, while little attention was given to the huge number of people who were convicted and incarcerated for crimes. All that time, attention, and money can now be shifted to reforming the entire Illinois criminal justice system. That would mean that there has been a double benefit from having abolished the death penalty in Illinois.” Silberstein said that in New York, abolition permitted “stakeholders who could not talk to each other in the same way when the death penalty was on the table because [of] differences over the death penalty” to discuss “how best to achieve the key goals of safety and healing [and] work on increasing funding and programs to reduce violence.”

Two Capital Cases Involving Innocence Claims Resolved Decades After Conviction

This week, two decades-old cases involving men with innocence claims reached final resolution: Louisiana inmate Gary Tyler (pictured) was released after 42 years in prison and Paul Gatling was exonerated in New York more than 50 years after his wrongful conviction. Both men had once faced the death penalty. Tyler was convicted and sentenced to death for the fatal shooting of a 13-year-old white boy in 1974 during a riot over school integration. A white mob had attacked a bus filled with black students, including Tyler. After the shooting, Tyler was arrested on a charge of disturbing the peace for talking back to a sheriff's deputy. The bus and students were searched, but no weapon was found. Police later claimed to have found a gun on the bus during a later search. That gun turned out to have been stolen from a firing range used by the sheriff's department. Tyler was convicted and sentenced to death by an all-white jury when he was 17 years old. His death sentence was overturned after the U.S. Supreme Court ruled Louisiana's mandatory death penalty statute unconstitutional in 1976, and his life sentence was recently overturned after the Supreme Court barred mandatory life sentences for juvenile offenders. Tyler was released on April 29, after the district attorney's office agreed to vacate his murder conviction, allow him to plead guilty to manslaughter, and receive the maximum sentence of 21 years, less than half the time he had already served. Mary Howell, one of Tyler's attorneys, said, "This has been a long and difficult journey for all concerned. I feel confident that Gary will continue the important work he began years ago while in prison, to make a real difference in helping to mentor young people faced with difficult challenges in their lives." On May 2, 81-year-old Paul Gatling was exonerated. Brooklyn prosecutors charged Gatling with capital murder in 1963 despite the fact that he did not fit the description of the killer and no physical evidence linked him to the killing. He pled guilty to second-degree murder after his lawyer told him he would get the death penalty if the case went to trial. Governor Nelson Rockefeller commuted Gatling's sentence in 1974 and he was released from prison, but he continued to seek exoneration, in part, because his conviction prevented him from voting. Brooklyn District Attorney Ken Thompson, whose Conviction Review Unit reinvestigated the case, said, "Paul Gatling repeatedly proclaimed his innocence even as he faced the death penalty back in the 60s. He was pressured to plead guilty and, sadly, did not receive a fair trial.... We're here because Mr. Gatling would not let go of his demand to be deemed innocent." 

Only Inmate to Receive Federal Death Penalty in New York Again Sentenced to Death

On July 24, Ronell Wilson was re-sentenced to death by a federal jury in New York. Despite numerous capital prosecutions by the Department of Justice, no other person in the state has been given the death penalty since the federal death penalty was reinstated in 1988. New York's state death penalty law was found unconstitutional by the state Court of Appeals in 2004. By 2007, all seven of those sentenced to death under the state law had their sentences overturned. Wilson was first sentenced to death in 2007 for the murder of two undercover detectives in 2003, but the sentence was overturned in 2010. Wilson's lawyers argued that he suffered from mental retardation and was ineligible for capital punishment, but that motion was denied. His mother was an alcoholic and a drug addict. A judge is expected to formally sentence Wilson in the fall. There are currently 59 people on the federal death row, counting Wilson. No case in New York, state or federal, has resulted in an execution since 1963.

NEW VOICES: PBS Airing of "The Central Park Five" Underscores Problem of Innocence

George F. Will, conservative commentator of the Washington Post, recently drew a lesson about the death penalty from the documentary The Central Park Five, which airs on PBS on Tuesday, April 16. Will wrote, “[T]his recounting of a multifaceted but, fortunately, not fatal failure of the criminal justice system buttresses the conservative case against the death penalty: Its finality leaves no room for rectifying mistakes.” The Central Park Five tells the story of five juvenile defendants (four African Americans and one Hispanic) who were convicted of the 1989 rape and beating of a jogger in Central Park, New York, despite the absence of DNA evidence linking them to the crime. Four of the five gave confessions, which they later said were the result of police intimidation. All were sentenced to prison. In 2002, after a recommendation from the Manhattan District Attoreny, their convictions were vacated.

Prominent Former Prosecutors Fight for Death Row Inmate's Life

Former Manhattan District Attorney Robert M. Morgenthau has joined two other former prosecutors in filing an amicus brief in the U.S. Supreme Court on behalf of William Kuenzel, an Alabama death row inmate sentenced to death in 1988. New evidence emerged in 2010 raising doubts about his guilt. According to Morgenthau's brief, two witnesses who testified against Kuenzel gave entirely different accounts that did not identify him when they first met with authorities. One of the witnesses admitted being involved in the murder. Morgenthau, who retired from the D.A.'s office in 2009 at the age of 90, asked Gil Garcetti, former Los Angeles District Attorney, and E. Michael McCann, former District Attorney of Milwaukee, to join him in asking the Supreme Court to hear the case. The three men each served over 30 years as prosecutor, and oversaw a total of more than 7 million cases. Morgenthau said he always opposed the death penalty and felt he had to act in Kuenzel's case because it reminded him of the Central Park Jogger case, in which he helped reverse the convictions of five teenagers originally convicted of rape and attempted murder. Of the death penalty, which was in place in New York from 1995 to 2007, he said, “[W]e reduced murder by 90 percent and never once sought it.”

INNOCENCE: Award-Winning Play About Former Death Row Inmates Returns

This Fall the Culture Project is hosting a limited engagement of its award-winning production, The Exonerated. The play is a groundbreaking dramatization of the real-life stories of six death row inmates who were freed after being cleared of their capital charge. The production, which premiered a decade ago and traveled the country, is culled from interviews, letters, transcripts, case files, and court records. Former U.S. Attorney General Janet Reno described The Exonerated as follows: "What has been done tonight through this play is one of the most extraordinary events I have ever seen and it will do more to promote justice than any literary efforts I have seen. The play will feature a rotating cast of high-profile actors, including Stockard Channing, Brian Dennehy, Steve Earle, John Forté, K’naan, Delroy Lindo, Lyle Lovett, Chris Sarandon, and Brooke Shields. The presentation will also include a series of "Talk-Backs" with leading criminal justice experts, including Christina Swarns, NAACP Legal Defense Fund (October 16), Shari Silberstein, Executive Director of Equal Justice USA (October 24), and Stephen Bright, President, Southern Center for Human Rights (October 31). The Exonerated will run for seven weeks, beginning on September 15, at the Culture Project’s 45 Bleecker Street theater.

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

Pages