"The death penalty in Washington is like a zombie, not alive or dead, yet continuing to eat its way through precious resources in the criminal-justice system," The Seattle Times editorial board declared on May 21, urging the state legislature to end capital punishment. Washington currently has a moratorium on executions, imposed by Governor Jay Inslee in 2014, leading the Times to declare the practice "effectively dead." But because death sentences can still be imposed, and appeals continue for the eight men on death row, capital punishment is "still alive on the books." The editorial says this "limbo...gives no peace to victims’ families." It also leaves prosecutors to decide whether to continue seeking the death penalty, which they have done less often in recent years, "perhaps influenced by the legal uncertainty, the apparent reluctance of some juries and the extra $1 million or more that a death-penalty sentence adds to a murder case." The editorial calls the death penalty, "overly expensive, ineffective and immoral," joining current and former Attorneys General in asking the legislature to take up a repeal bill. The chair of the Senate Judiciary Committee has agreed to hold a hearing on an abolition bill if the House takes action first. Attorney General Bob Ferguson believes a House vote may uncover hidden support for repeal: “You don’t know that reaction if you don’t take a vote,” he said. The Seattle Times agrees: "The public wants bold leadership on important issues. A path to repeal is through the Legislature, either this year or next — if they have the courage to act."
STUDY: Juries Have Never Found Anyone Intellectually Disabled Under Georgia's Insurmountable Standard of ProofPosted: May 19, 2017
No death penalty jury has ever found a defendant charged with intentional murder to be ineligible for the death penalty under Georgia's intellectual disability law, according to a new empirical study published in Georgia State University Law Review. The study, by Georgia State Law Professor Lauren Sudeall Lucas, examined 30 years of jury verdicts under the state's Guilty But Mentally Retarded statute, which has the most onerous standard in the nation for proving intellectual disability. “Georgia is an outlier," Lucas says. It is the only state to require a capital defendant to prove his or her intellectual disability beyond a reasonable doubt, and the only state to require that this determination be made at the same time that the jury is considering the defendant's guilt. “This study provides, for the first time, an accounting of how Georgia defendants have been unable to overcome the very high burden of establishing intellectual disability before a jury at the guilt phase of a capital trial—a finding that," Lucas says, "has never occurred in a case of intentional murder.” In 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that defendants with intellectual disability—then known as mental retardation—cannot be executed. The ruling, however, left states with discretion in establishing procedures for determining which defendants have intellectual disability. Some states responded by adopting practices that made it more difficult to prove intellectual disability. In two recent cases, Hall v. Florida (2014) and Moore v. Texas (2017), the Supreme Court struck down other outlier intellectual disability standards that deviated from accepted clinical definitions of intellectual disability. It has never ruled on Georgia's standard of proof. To illustrate the effect of Georgia's outlier practice, Lucas explores the case of Warren Hill (pictured), whom Georgia executed in 2015 even though every mental health expert who had evaluated Hill agreed he had intellectual disability. A state court judge found that Hill had proven his intellectual disability by a "preponderance of the evidence" (more likely than not), the standard employed in nearly every death penalty state. However, the state courts ruled that Hill had not proven his intellectual disability "beyond a reasonable doubt." The U.S. Court of Appeals for the Eleventh Circuit upheld the use of that standard, the U.S. Supreme Court declined to review the cae, and Hill was executed. Lucas concludes, "The absence of a single jury finding of intellectual disability in an intentional murder death penalty case in the nearly three decades of the statutory exemption, and the absence of a single jury finding of intellectual disability in any murder case post-Atkins, leaves little question that Georgia’s statute has failed to protect those with intellectual disability from execution as promised, and as required by the U.S. Constitution and Georgia constitution."
Lush Cosmetics announced on May 15 it has launched a commercial effort to raise awareness about capital punishment and support the abolition of the death penalty. The company's "Death ≠ Justice" campaign includes the release of a short documentary, "Exonerated," which tells the story of Ohio death-row exoneree Kwame Ajamu. Ajamu (then 17 years old), his brother Ronnie Bridgman, and Ricky Jackson were wrongfully convicted and sentenced to death in 1975. They were exonerated 39 years later in 2014, after the single eyewitness in the case — a 13-year-old boy who later said he had been coerced by police into falsely implicating them — recanted. Lush is hosting events across the country featuring exonerees and activists, with the goal of educating their customers about the issue. Carleen Pickard, the Ethical Campaigns Specialist at Lush, said, "In 2016, death sentences, executions and support for capital punishment were at an historic low, making flaws and failures of the death penalty more apparent than ever. It’s an important time to continue the momentum that 90 million Americans have built. The more people learn about the death penalty, the less they like it, and we’re excited to bring this important issue to our customers." As part of the campaign, Lush has introduced a new product it calls "31 States," an almond- and- rosewood-infused bath bomb whose name reflects the fact that 31 states currently have the death penalty. Lush says it hopes to change that by donating 100% of the product's profits to organizations such as Witness to Innocence, Death Penalty Focus, and the National Coalition to Abolish the Death Penalty that, the company says "are working to mobilize and engage Americans and empower exonerees to abolish capital punishment in the United States." Earlier this year, as part of the company's social justice initialtives, Lush donated profits from a limited-edition shampoo bar to fight animal cruelty and released a Valentine’s Day ad that featured same-sex couples.
Reform Candidate Who Opposes Death Penalty Wins Democratic Nomination for Philadelphia District AttorneyPosted: May 17, 2017
In a repudiation of the city's past history as one of the nation's leading producers of death sentences, Philadelphia has joined the trend of major national jurisdictions to select reform candidates who have pledged to limit or eliminate use of the death penalty. On May 16, primary voters in the overwhelmingly Democratic city selected long-time civil rights lawyer Lawrence Krasner (pictured) as the Democratic nominee for District Attorney. Krasner, a defense attorney who entered the public's eye representing protesters from Occupy Philadelphia and Black Lives Matter, ran on a platform of sweeping criminal justice reform, including a vow never to seek the death penalty. His campaign website states, "He knows that capital punishment is expensive, ineffective, and racially biased. Since its reinstatement by the U.S. Supreme Court in 1976, it has cost Pennsylvania taxpayers over $1 billion, yet no one on Pennsylvania’s death row has been put to death involuntarily since 1962. Meanwhile six people on death row have been exonerated." Because Democrats hold a 7-1 registration edge over Republicans, Krasner is considered a prohibitive favorite to defeat Republican nominee Beth Grossman, a former assistant district attorney, in November's general election. Philadelphia is among the 2% of U.S. counties responsible for 56% of the nation's death row population, and its former longtime District Attorney Lynne Abraham was named one of "America's Five Deadliest Prosecutors" for overseeing the imposition of 108 death sentences. Krasner's nomination continues a trend among voters in major cities replacing prosecutorial regimes perceived as overaggressively pursuing the death penalty. In November 2015 runoff election, voters in Caddo Parish (Shreveport), Louisiana elected their first African American District Attorney, James Stewart, after acting District Attorney Dale Cox said the state should use "kill more people" with the death penalty. Last August, in a landslide election described as reshaping the political landscape of Northeast Florida, Republican primary voters in Duval County (Jacksonville) replaced controversial State Attorney Angela Corey with reform candidate Melissa Nelson. Then, in the November general election, voters in three more counties known for their outlier practices on the death penalty—Harris County (Houston), Texas, Hillsborough County (Tampa), Florida; and Jefferson County (Birmingham), Alabama—replaced incumbents with challengers running on reform platforms. Among Krasner's other reform proposals are reviewing past convictions for accuracy and ensuring that potentially exculpatory evidence is never withheld from defendants, taking a stronger stance against police misconduct, and ending stop-and-frisk.
On May 13, 2017, James "Jimmy" Dennis (pictured, center, with some of his defense team) was released from prison after more than 25 years on Pennsylvania's death row. His release marked the culmination of three unrelated wrongful capital prosecutions in Philadelphia in the early-1990s, with the common thread a pattern of misconduct by the same two Philadelphia homicide detectives. Dennis, Anthony Wright, and Percy St. George were all capitally charged for murder in cases investigated by Detectives Manuel Santiago and Frank Jastrzembski. Dennis was convicted and sentenced to death, Wright was convicted and sentenced to life without parole when his death penalty jury could not agree on a sentence, and capital charges against St. George were dismissed before he went to trial. Misconduct in Wright and Dennis' trials led courts to overturn their convictions decades later. The detectives' misconduct came to light in the St. George case when one supposed eyewitness told St. George's attorneys that he had identified St. George only because "[Santiago] told me that I could get locked up, so I was scared, because I had never been locked up before." As other questionable conduct was discovered, Detectives Santiago and Jastrzembski invoked their Fifth Amendment right against self-incrimination and the charges against St. George were dropped. Wright was initially convicted of rape and murder based upon an unrecorded fabricated confession that Santiago purported to have taken and clothing matching those Wright supposedly had admitted to have worn during the crime. Jastrembski claimed to have found those clothes hidden under Wright’s bed. DNA testing later established that the clothes had actually been worn by the victim, not Wright, suggesting that police had fabricated the confession and planted the clothing to incriminate Wright. Jastrembski and Santiago were also implicated in misconduct in Dennis' case, suppressing evidence that Dennis was not the killer. The two detectives had been asked to follow up on a statement a county prisoner named William Frazier had given to police saying that a friend of his had confessed to committing the murder with two other men. The detectives spoke to one of the three potential suspects, who fit the description offered by another eyewitness, but contradicted the prosecution's case against Dennis. That information was withheld from Dennis' defense. Jastrembski also claimed to have seized clothes from Dennis' house that fit the description of the clothes eyewitnesses said the killer had worn, but told the state post-conviction court that the clothes had since been thrown in the trash by cleaners. Even after courts overturned Wright's and Dennis' convictions, the Philadelphia District Attorney's Office continued to pursue charges against them. Even after Wright was acquitted in August 2016, a prosecution spokesperson continued to assert that "the evidence was sufficient to prove Anthony Wright participated in the murder of Louise Talley." In December 2016, facing a capital retrial, Dennis made the difficult decision to plead no contest to lesser charges. He was resentenced to time served, but his release was delayed as he awaited parole on unrelated charges. The Innocence Project and a Philadelphia civil rights law firm have filed a lawsuit against the city and 11 police officers, including Detectives Santiago and Jastrzembski, alleging a pervasive pattern of unconstitutional misconduct, including in the cases of Wright, Dennis, and St. George.
The Texas Court of Criminal Appeals on May 12 granted a stay of Tilon Carter's May 16 execution to consider his claim that he was convicted based on "false or misleading testimony by the State Medical Examiner" concerning the cause of the victim's death. Carter (pictured) was convicted and sentenced to death based upon testimony by a local medical examiner that the 89-year-old victim, James Tomlin, had died of suffocation. His lawyers say that new scientific evidence that was unavailable at the time of trial contradicts that testimony and supports Carter's claim that he did not intentionally kill Tomlin. According to a filing by Carter's attorney, Carter was denied due process because Nizam Peerwani, the Tarrant County Medical Examiner, presented misleading testimony implying that Tomlin was intentionally smothered, though his cause of death was listed as "smothering with positional asphyxia," which could have been unintentional. In addition, three other experts who have reviewed the evidence offered opinions contradicting the finding that Tomlin was smothered. Raoul Schonemann, Carter's attorney, wrote in a court filing, “While the experts disagreed on the ultimate cause—whether Mr. Tomlin’s death was caused by positional asphyxiation or a cardiac event—they unanimously agreed that the evidence does not show that Mr. Tomlin’s death was the result of intentional smothering." Carter would not be eligible for a death sentence if he did not intentionally kill the victim. Schonemann also alleged that Carter's trial counsel provided ineffective assistance by failing to seek evidence on whether Tomlin's death was intentional.
The Florida Supreme Court has directed that Ralph Daniel Wright, Jr. (pictured) be acquitted of the murder charges for which he was sentenced to death in 2014, making him the 159th person exonerated from death row in the United States since 1973. On May 11, 2017, the court unanimously vacated Wright's convictions for the murders of his ex-girlfriend and their son, ruling that the "purely circumstantial" evidence against him was insufficient to convict. A majority of the court joined a concurring opinion by Justice Charles Canady holding that "no rational trier of fact could have found ... beyond a reasonable doubt" that Wright was the killer. Prosecutors accused Wright of murdering Paula O'Conner—a white woman with whom he had an affair—and their 15-month-old son Alijah supposedly to "avoid a child support obligation and ... maintain a 'bachelor lifestyle.'" The court noted that "none of the evidence presented at trial directly tied Wright to the murders" and that the victim's young-adult daughter, who had a volatile relationship with the victim, also had a financial motive, having received more than $500,000 in life insurance benefits as a result of her mother's and half-brother's deaths. Much of the state's case relied on the presence of a black military glove in the home of the murder victims. While Wright, a member of the Air Force, had access to that type of glove, "the State could not prove that Wright ever wore the glove, that he left it on Paula’s couch, that it came from MacDill [the base where Wright was stationed], or that it was even used in the murders." DNA tests by the Florida Department of Law Enforcement reported the results as inconclusive, but independent analysis by the DNA Diagnostic Center and Bode, the private labs hired by the defense and prosecution, respectively, excluded Wright as a contributor of the DNA found on the glove. The DNA analysis did not test for the presence of the victim's daughter, whom police did not investigate. Wright was convicted of the murders, and the trial court sentenced him to death after a bare 7-5 majority of the jury voted to recommend the death penalty. The Florida Supreme Court later declared death sentences based upon non-unanimous jury recommendations to be unconstitutional. Wright is the 27th person to be exonerated from death row in Florida. Nineteen of the 21 exoneration cases from Florida in which the jury vote is known have involved a non-unanimous jury recommendation of a death sentence or a judicial override of a jury recommendation of life.
Newly Released Documents Show Dylann Roof Feared Being Labeled Mentally Ill More Than He Feared Death SentencePosted: May 11, 2017
Newly unsealed psychiatric evaluations and court transcripts in the case of Dylann Roof (pictured)—sentenced to death for the racially motivated killing of nine black churchgoers in Charleston, South Carolina—raise additional questions as to whether Roof was competent to waive representation in his death penalty proceedings and to forego presenting mental health evidence in his defense. The documents confirm that Roof represented himself in jury selection and in the penalty stage of his federal capital trial out of anxiety that his defense attorneys would present evidence that he was mentally ill. In his journals, Roof wrote, “I want state that I am morally opposed to psychology,” which he called "a Jewish invention [that] does nothing but invent diseases and tell people they have problems when they dont [sic].” The newly released documents show that Roof became irate when he realized his lawyers wanted to present a mental health defense that involved introducing evidence that he suffered from delusions, a crippling anxiety disorder, depression, and autism. The unsealed transcripts reveal that defense counsel, David Bruck, told the court that Roof “firmly believes that there will be a white nationalist takeover of the United States within roughly six, seven, eight years, and when that happens, he will be pardoned. He also believes it probable, although not certain, that he will be given a high position, such as the governorship of South Carolina.” At a pretrial hearing, Roof told U.S. District Judge Richard Gergel, "If they say I have autism, it's like they are trying to discredit me. It discredits the reason why I did the crime." He also told the judge he believed being labeled autistic would be worse than receiving a death sentence, "Because once you've got that label, there is no point in living anyway." Dr. James Ballenger, a clinical psychiatrist who evaluated Roof, wrote, "The only thing that is important to him is to protect his reputation." Bruck argued to the court that Roof was not competent to represent himself, saying, "If he is incapable of cooperating with counsel, if the decisions that he is making are affected by delusions, by fixed false beliefs, if they are the product of mental illness … the mere fact that he has figured out how to sabotage his defense doesn't mean that he's competent. It is an illustration of why it is so terrible to try an incompetent defendant." Roof was ultimately found competent to stand trial and represent himself. He was convicted and sentenced to death on January 10, 2017.
The nation's death rows are shrinking more rapidly than new defendants are being sentenced to death, according to a new Bureau of Justice Statistics (BJS) statistical brief, "Capital Punishment, 2014–2015." The statistical brief, which analyzes information on those under sentence of death in the United States as of December 31, 2014 and December 31, 2015, documents a continuing decline in executions, new death sentences, and death row populations across the U.S. 2015 marked the fifteenth consecutive annual decrease in the number of prisoners under sentence of death in the U.S. According to BJS, 69 prisoners were admitted to state or federal death rows in 2014 and 49 were admitted in 2015. (DPIC uses a slightly different counting method that reported 73 death sentences imposed in 2014.) The data also indicates that the decline in the size of death row is attributable to factors other than execution. According to BJS, 75 prisoners were removed from death row in 2014 by means other than execution, such as exoneration, the reversal of a conviction or death sentence, commutation, or death by other causes, as compared with 35 who were executed. In 2015, 82 prisoners were taken off death row by means other than execution, while 28 death-row prisoners were executed. Over the two-year period covered by the data, 39 more prisoners were removed from death row by means other than execution than were admitted as a result of new death sentences. The gap between removals from death row and new admissions is expected to widen even further in 2016 and 2017 as a result of record-low death-sentencing rates and prisoners being removed from death row due to death-penalty statutes having been declared unconstitutional in Florida, Delaware, and Connecticut. BJS reports that 2,881 prisoners remained under sentence of death in 33 states and the federal system at the end of 2015. (Click image to enlarge.)
White Texas Judge Reprimanded for Facebook Comment Suggesting "A Tree And A Rope" For Black Murder SuspectPosted: May 9, 2017
The Texas State Commission on Judicial Conduct has issued a formal reprimand to a sitting Burnet County judge who posted on Facebook a photo of a black murder suspect accused of killing a police officer with the comment, "Time for a tree and a rope." Judge James Oakley (pictured), who is white, denied that the comment about Otis Tyrone McKane was a race-based reference to lynching. "My comment was intended to reflect my personal feelings that this senseless murder of a police officer should qualify for the death penalty. In my mind, the race/gender of the admitted cop killer was not relevant," he told the commission. That is not how observers of the post saw it: 18 people filed written complaints to the Commission about Oakley's comment. The reprimand said, “Multiple Complainants also questioned Judge Oakley’s suitability for judicial office, and expressed doubts that he could perform his duties impartially." Oakley will be required to attend a 30-hour training for new judges and receive 4 hours of racial sensitivity training with a mentor, but will not be removed from office or excluded from presiding over any class of cases. In its reprimand, the Commission wrote, “During the appearance, Judge Oakley made certain statements that indicated to the Commission that he could benefit from racial sensitivity training with a mentoring judge." The incident was reminiscent of an incident in March in which a white Seminole County, Florida court employee posted a comment on Facebook that black State Attorney Aramis Ayala "should be tarred and feathered if not hung from a tree," for announcing that she would not seek the death penalty. After an investigation into the circumstances surrounding that posting, the clerk resigned his position.