New Polls in Two Florida Counties that Heavily Use the Death Penalty Find Voters Prefer Life Sentences InsteadPosted: March 2, 2018
Recently released poll results from two Florida counties that have heavily used the death penalty suggest that voters actually prefer life-sentencing options instead. Polls conducted by North Carolina-based Public Policy Polling on January 22-23, 2018, indicate that three-quarters of Miami-Dade County respondents preferred some form of life imprisonment rather than the death penalty as the punishment for people convicted of murder, and two-thirds of Pinellas County respondents preferred one of the life-sentencing options. The margin was more than 3 to 1 in Miami-Dade (75% to 21%) and more than 2 to 1 in Pinellas (68% to 30%). Of Miami-Dade respondents who chose a life-sentencing option, a plurality (40%) preferred life without parole, plus restitution; 18% preferred life with the possibility of parole after 40 years; and 17% preferred life without possibility of parole. In Pinellas, 48% preferred life without parole plus restitution; 12% preferred life without parole; and 8% chose life with parole eligibility after 40 years. Sixty-eight percent of Miami-Dade respondents said they would support a decision by their local prosecutor to reduce or eliminate the use of the death penalty, compared to 25% who opposed. In Pinellas, 64% said they would support reducing or eliminating the use of the death penalty, as opposed to 32% against. Pinellas/Pasco State Attorney Bernie McCabe reportedly has filed notice that he will seek the death penalty in 15 pending cases and six re-sentences, with nine death-penalty trials already scheduled for 2018. Floridians for Alternatives to the Death Penalty released the Pinellas County poll on February 27 and the Miami-Dade poll on March 1. The organization's director, Mark Elliott, said “[t]he survey results make clear that the state attorney’s office is ignoring the will of the overwhelming majority of Pinellas County constituents who prefer life sentences for those convicted of murder." Elliott also said that "[e]xpensive death penalty trials do nothing to prevent violent crime, protect law enforcement, or help victims’ families in meaningful ways, and mistakes are also all-too-common.” DPIC reported in 2013 that both Miami-Dade and Pinellas were among the 2% of counties that accounted for more than half of all death-row prisoners and executions in the United States. Both were among the Fair Punishment Project's list of 16 outlier counties that imposed five or more death sentences between 2010 and 2015—more than 99.5% of all counties in the country.
In what lawyers for Virginia death-row prisoners have called “a landmark ruling,” a federal judge has issued an injunction barring the Commonwealth from subjecting prisoners who have been sentenced to death to automatic solitary confinement, physical isolation from visitors and other prisoners, and other harsh conditions. In a decision issued on February 21, Judge Leonie M. Brinkema wrote that the conditions to which Virginia subjected death-row prisoners before instituting reforms in 2015 violated the Eighth Amendment proscription against cruel and unusual punishments. Virginia had refused to commit to keeping the reforms, which it adopted only after the prisoners initiated suit, and the court's order prevents the state from reverting to the prior unconstitutional conditions. Before 2015, death sentenced prisoners spent about 23 hours a day alone in a 71-square-foot prison cell and were separated from visitors—including family members—by a plexiglass wall, although the warden had discretion to permit contact visits with family. For one hour a day, five days a week, prisoners were taken to a small “outdoor cell” with a concrete floor and no exercise equipment. Death-row prisoners were barred from the recreational facilities used by prisoners in the general population and allowed to shower only three times per week. Brinkema decided in favor of the three remaining death-row prisoners who had sued the state in 2014. While the suit was pending, one of the orginal plaintiffs, Ricky Gray, was executed and another, Ivan Teleguz, was granted a commutation. Lawyers for the prisoners said Brinkema's decision was the first time a court had ruled such conditions unconstitutional. In granting the prisoners' petition, the court said that “the rapidly evolving information available about the potential harmful effects of solitary confinement” set this case apart from prior prison-conditions lawsuits, and as a result the prior “decades-old determinations” by the Supreme Court and federal appeals court upholding death-row prison conditions were not binding. “As courts and corrections officers across the country have begun to realize, the years-long isolation that the pre-2015 conditions of confinement forced on plaintiffs created, at the least, a significant risk of substantial psychological and emotional harm,” Brinkema wrote. Kathryn Ali, one of the lawyers for the prisoners, said “[t]he law in this area is very bad but it's also very old. ... Judge Brinkema's ruling is a landmark ruling but i think its also just common sense, that we shouldn't be torturing people by keeping them in isolation.” Victor M. Glasberg, who filed the lawsuit on behalf of the five original plaintiffs in 2014, said the court's decision could have implications for prison-conditions lawsuits in other states. “This opinion should serve as a snowball let loose at the top of a snowy mountain, to turn into an avalanche as advocates in other states bring similar suits to end what has become increasingly recognized as untenable conditions in which to hold human beings,” he said. Under the reforms Virginia implemented in 2015, death-row prisoners are permitted to have contact visits with family members one day per week, for up to an hour and a half, as well as non-contact visits on holidays and weekends. They now have access to a covered outdoor yard for up to an hour and a half per day, five days a week. The yard has a basketball court and exercise equipment, which up to four prisoners at a time may share. Virginia now also permits daily one-hour access for up to four prisoners at a time to an indoor recreation space that has games, music, and a television. Death-row prisoners also are now permitted to shower daily.
With 24 prisoners currently condemned to die, Hamilton County—home to Cincinnati—has the largest death row of any county in Ohio, despite a smaller population and a lower murder rate than other parts of the state. Ten of the 55 prisoners executed in the state since the 1970s were sentenced to death in Hamilton County, again more than any other Ohio county. In a recent pair of articles in The Cincinnati Enquirer, reporter Dan Horn describes the county's long history with the death penalty and reports that the county's current aggressive use of the death penalty stems from the county's culture and politics. According to Horn's analysis of Death Penalty Information Center data, Hamilton County's death row is currently the 22nd largest county death row in the country. While Hamilton is not among the nation's seventy largest counties, it ranks among the fewer than 1 percent of U.S. counties that the Enquirer found now account for 40 percent of all death-row prisoners in the country. Of counties with 20 or more death-row prisoners, Hamilton has the seventh largest death row, per capita. “There’s no question Hamilton County is and definitely was a conservative county,” said Andrew Welsh-Huggins, the author of the book No Winners Here Tonight—a comprehensive analysis of Ohio's death penalty. “A conservative county is going to elect conservative prosecutors, and they’re going to take their cues from that," Welsh-Huggins told Horn. Hamilton County prosecutor Joe Deters exemplifies that characterization, saying, "People in really bad cases want the death penalty. There are certain cases that are so hideous they are just evil." Welsh-Huggins's book—and his earlier 2005 capital punishment study for Associated Press—documented Ohio's on-going unequal application of the death penalty, with race-of-victim, geography, and plea-bargains all affecting death sentencing. The AP study showed that while 8.5% of capitally charged defendants had received death sentences in Cuyahoga County (including the city of Cleveland), 43% had been sentenced to death in Hamilton. Today, two other Ohio counties with larger populations and more murders than Hamilton have fewer people on death row: Cuyahoga has 21 and Franklin County 11. Welsh-Huggins summarized the cause of such geographic disparities, telling Horn: “The law is prosecuted differently depending on who is the elected prosecutor. Your chances of going to death row depend on where you committed the crime.”
Prosecutors in Mohave County, Arizona announced in February that they will drop the pursuit of the death penalty in two murder cases in the county. Justin Rector and Darrell Ketchner were separately charged with first-degree murder, and officials said their defense teams had already spent over $2.2 million preparing for trials that are still far from taking place. Mohave County Attorney Matt Smith said, “Everybody’s looking to save money and these death penalty cases are extremely expensive." The murders happened in 2009 and 2014, but because of the thorough investigation and preparation required to competently defend a death-penalty case, Smith said, "[t]he anticipated soonest trial date in this case will be 10 years after the events charged." Even if the defendants were sentenced to death, "there is no reasonable likelihood of the death penalty actually being imposed in a realistic and efficient timeframe given the current state of affairs surrounding persons sentenced to death," he said. Bob Allison, whose granddaughter, Ariel, was allegedly killed by Ketchner, said he approves of the prosecutor's decision, in part because his other grandchildren were being bullied as a result of publicity around the case. “We’re OK with it because we want to protect the kids,” he said. “It’s a waste of money in my opinion and the end results are going to be the same.” Between fiscal years 2010 and 2018, Mohave County has spent nearly $3.6 million on defense costs in death-penalty cases. Because no lawyers in the county public defender’s or legal defender’s office meet the state's qualifications to handle death penalty cases, the county must contract out for those services, paying lead counsel at a rate of $125 per hour and $90 an hour for second-chair counsel. In 2016, the Mohave County Board of Supervisors authorized $344,000 in county funds to cover the costs of trying Rector and Ketchner. A Mohave County Superior Court judge granted the prosecution's motion to withdraw the death penalty in Rector's case on February 20, and allowed death-penalty counsel to withdraw from representing Rector. The court granted the motion to drop the death penalty in Ketchner's case on February 14. Only one case originating in Mohave County has ever resulted in an execution.
U.S. Supreme Court to Decide if Alabama Can Execute Prisoner With Vascular Dementia and No Memory of the CrimePosted: February 26, 2018
Less than a week after Alabama halted the failed execution of a terminally ill prisoner whose veins were not suitable for intraveneous injection, the U.S. Supreme Court has decided to hear the case of another Alabama prisoner whose medical condition, his lawyers say, make him constitutionally unfit for execution. Strokes have slurred Vernon Madison's speech and left him legally blind, incontinent, unable to walk independently, and with no memory of the offense for which he was sentenced to death. Madison's vascular dementia, his lawyers argue, make him incompetent to be executed. This is the third time since 2016 that Madison's case has come before the Court. In May 2016, the U.S. Court of Appeals for the Eleventh Circuit granted Madison a stay of execution to consider his competency claim. At that time, state prosecutors asked the Court to lift the stay, but with one seat vacant from the death of Justice Scalia, the Court split 4-4, leaving the stay in place. Ten months later, citing uncontroverted evidence that Madison has "memory loss, difficulty communicating, and profound disorientation and confusion," the Eleventh Circuit ruled in Madison's favor, finding him incompetent to be executed. Alabama prosecutors again asked the Supreme Court to intervene. On November 6, 2017, the Court agreed to review the case and in a unanimous unsigned opinion reversed the circuit court's decision. The Court explained that, under restrictions on federal habeas corpus review of state decisions imposed by the Congress in the Anti-Terrorism and Effective Death Penalty Act (AEDPA), the federal courts were required to defer to state-court decisions under most circumstances. While expressing "no view on the merits of the underlying question outside of the AEDPA context," the Court ruled that "the state court's determinations of law and fact were not so lacking in justification as to give rise to error beyond any possibility for fairminded disagreement." Justice Ginsburg, joined by Justices Breyer and Sotomayor, concurred. However, they believed "[t]he issue whether a State may administer the death penalty to a person whose disability leaves him without memory of his commission of a capital offense is a substantial question not yet addressed by the Court." If the issue reached the Court in an appropriate procedural posture, they wrote, "the issue would warrant full airing." The Court's ruling cleared the way for Madison to be executed, and the State of Alabama set a January 25, 2018 execution date. In response, Madison's lawyers, led by Bryan Stevenson of the Equal Justice Initiative, presented the state court with additional evidence of Madison's deteriorating condition and new evidence that the doctor whose medical opinion had provided the court's basis for finding Madison competent had been addicted to drugs, was forging prescriptions, and had since been arrested. The state court denied relief without an evidentiary hearing and Madison's lawyers—emphasizing that this was no longer a habeas corpus case—asked the Supreme Court to grant a stay of execution to review the case. On the evening of the 25th, the Supreme Court issued a stay of execution, halting Madison's execution so it could decide whether to review his claim. On February 26, the Court voted to review the case to determine whether the Eighth Amendment prevents a state from executing a prisoner whose mental and physical condition prevents him from having memory of the crime for which he was convicted. The Court may now review the issue unencumbered by the limitations on habeas corpus cases. The Court will likely hear argument in the fall and a decision is expected by June 2019.
Three states—Alabama, Florida, and Texas—prepared to carry out controversial executions on Thursday, February 22, all scheduled for 7 PM Eastern time, but by the end of the night, two had been halted. Less than an hour before his scheduled execution, and after having said a final good-bye to his anguished father, Texas death-row prisoner Thomas "Bart" Whitaker (pictured, left) learned that Governor Greg Abbott had commuted his death sentence to life in prison. Minutes later, Florida executed Eric Branch (pictured, center), despite undisputed evidence that he had been unconstitutionally sentenced to death. He was pronounced dead at 7:05 p.m. And nearing midnight Central time, two-and-one-half hours after a divided U.S. Supreme Court had given Alabama the go-ahead to execute terminally ill Doyle Hamm (pictured, right) corrections commissioner Jeff Dunn called off the execution saying prison personnel did not have "sufficient time" to find a suitable vein in which to place the intravenous execution line before the death warrant expired. For Texas, it was the first time in more than a decade and only the third time since the death penalty was reinstated in 1976, that any governor had granted clemency to a condemned prisoner. The Texas commutation came after a unanimous recommendation by the parole board, support from the only living victim, Whitaker's father, and various state lawmakers. In explaining his grant of clemency—the first time Gov. Abbott had commuted any death sentence—the Governor cited the fact that Whitaker's codefendant, the triggerperson, did not get the death penalty, the victim "passionately opposed the execution," and Whitaker had waived any possibility of parole and would spend the remainder of his life in prison. The final-hour commutation was relayed to Whitaker in the holding cell next to the death chamber, as he was preparing to be executed. Florida executed Eric Branch despite the fact that a judge sentenced him death after two of his jurors had voted for life and the jury had been told not to record the findings that would make Branch eligible for the death penalty. Both of those practices have now been found unconstitutional. In Hurst v. Florida, decided in 2016, the U.S. Supreme Court reiterated that a capital defendant's right to a jury trial includes the right to have a jury find all facts necessary for the state to impose the death penalty, and later that year, the Florida Supreme Court declared that the Sixth Amendment and the Florida constitution require jury sentencing verdicts to be unanimous. Alabama had been warned that, because of his terminal cancer and prior history of drug use, Doyle Hamm's veins were not accessible and therefore an attempt to execute him via intravenous injection would be cruel and unusual. After the U.S. Supreme Court issued a temporary stay at 6:00pm CT, followed by a full denial of a stay with dissents from Justices Breyer, Ginsburg, and Sotomayor around 9:00pm CT, Alabama started preparing to carry out Hamm's execution. After more than two-and-a-half hours, the state called it off. At a news conference immediately thereafter, Commissioner Dunn repeatedly asserted the state had followed its execution protocol, and said "I wouldn’t characterize what we had tonight as a problem.” Dunn was unable to describe what the state had been doing during the time that Hamm was being prepared for the lethal injection and dismissed questions about failed attempts to set the IV lines saying he was not qualified to answer medical questions. He said he could not tell reporters how long the medical personnel had attempted to establish IV access because "I am not back there with the staff." Alabama keeps its protocol secret, making it impossible to verify the state's assertions. Hamm's attorney Bernard Harcourt, who—like all witnesses—was not permitted to view the IV insertion portion of the execution, speculated that prison personnel could not find a vein and called the process "[s]imply unconscionable." On the morning of February 23, Harcourt filed an emergency motion saying that Hamm had "endured over two-and-a-half hours of attempted venous access" and seeking a hearing to "establish exactly what happened" during that time frame. The federal district court scheduled a hearing on the issue for Monday, February 26.
Tennessee Attorney General Seeks Eight Execution Dates as Prisoners Challenge "Torturous" Drug ProtocolPosted: February 22, 2018
Thirty-three Tennessee death-row prisoners have filed a lawsuit challenging the constitutionality and legality of the state's new execution protocol, after Tennessee Attorney General Herbert Slatery (pictured) asked the state supreme court to expedite executions before one of the state's execution drugs expires. On February 14, Slatery asked the court to schedule eight execution to be carried out before June 1. Attorneys for the death-row prisoners, who were in the process of finalizing their challenge to the protocol, asked the high court for two weeks to respond to the Attorney General's request for death warrants. On February 20, they filed their own complaint in the Davidson County Court of Chancery arguing that the execution process adopted by state officials used drugs their own suppliers have told them will not work properly, and that the "torturous" drug protocol adopted by the state should be ruled unconstitutionally cruel and usual. In January, Tennessee changed its lethal-injection protocol from a one-drug barbiturate—the method used in the most recent executions carried out by Texas, Missouri, and Georgia—to a three-drug formula using the controversial drug midazolam, which has resulted in protracted and problematic executions in several states. Although Tennessee has not carried out an execution since 2009, the Attorney General said the state's ability to carry out lethal-injection executions "after June 1, 2018 is uncertain due to the ongoing difficulty in obtaining the necessary lethal injection chemicals." One of the lawyers for the prisoner, Supervisory Assistant Federal Public Defender Kelley J. Henry, said, "What Tennessee is proposing to do amounts to torturing prisoners to death, which we know because we’ve seen this protocol fail in other states." She said "You cannot break the law in order to enforce the law," but the protocol "requires pharmacists, doctors, and prison officials to act illegally." The prisoners' lawsuit references an email between a drug supplier and Tennessee corrections officials—a copy of which was obtained by the USA Today Network—showing that prison officials had been alerted to potential problems with midazolam months before they adopted their new drug protocol. In that September 2017 email, the supplier wrote: "Here is my concern with midazolam ... it does not elicit strong analgesic effects. The subjects may be able to feel pain from the administration of the second and third drugs. Potassium chloride especially." The Justices of the U.S. Supreme Court have likened the unanesthetized use of potassium chloride to being "chemically burned at the stake," and the prisoners' lawyers it would unconstitutionally subject their clients to "being burned alive from the inside." In February of last year, the state of Arkansas set eight executions over an 11-day period of time—all scheduled before the end of April based on the concern that the lethal-injection drugs would expire and the state would be unable to obtain more. Arkansas only carried out four of the eight, and there were notably visible problems with the use of midazolam in at least one of the four executions. Later in the year, Arkansas obtained additional drugs for another execution, which ultimately was stayed as a result of competency issues. [UPDATE: On March 15, 2018, the Tennessee Supreme Court denied the Attorney General's request, but did set two execution dates, scheduling the executions of Edmund Zagorski for October 1, 2018 and David Earl Miller for December 6, 2018.]
Missouri Executed 17 Prisoners With Drugs Secretly Obtained From 'High-Risk' Pharmacy Cited for Hazardous PracticesPosted: February 21, 2018
BuzzFeed News investigation has disclosed that Missouri carried out seventeen executions between 2014 and 2017 using supplies of the drug pentobarbital it secretly obtained from a pharmacy the Food and Drug Administration had classified as “high risk” because of repeated serious health violations. The February 20 exposé describes a complex system of clandestine meetings, code names, and undocumented cash payments that Missouri employed to conceal the identity of Foundation Care, a suburban St. Louis compounding pharmacy that reporter Chris McDaniel discovered “has been repeatedly found to engage in hazardous pharmaceutical procedures.” Foundation Care—which was reportedly paid more than $135,000 for execution drugs—is alleged to have engaged in illegal practices, medicare fraud, and numerous manufacturing improprieties and, McDaniel reports, its cofounder has been accused of "regularly ordering prescription medications for himself without a doctor’s prescription.” Two former senior employees of the company—including the head of pharmacy operations—have alleged in a lawsuit that Foundation Care violated government regulations by reselling drugs returned by patients, intentionally omitting the names of ingredients in drugs it prepared, and failing to notify other states about a $300,000 settlement with Kansas over allegations of Medicaid fraud. Another suit by a former employee alleges that she was fired after complaining to her supervisors and the Missouri Board of Pharmacy about “serious operational violations.” Missouri switched to Foundation Care after reporters discovered the identifty of the state's prior secret supplier of execution drugs—an Oklahoma compounding pharmacy called The Apothecary Shoppe. Reporters learned that The Apothecary Shoppe was not licensed to sell drugs in Missouri and had admitted to nearly 2,000 health and safety violations. Foundation Care first came to the attention of FDA investigators after a doctor complained to the agency that a patient he was treating had developed “a 'life threatening' illness” after taking a drug that had been prepared by the pharmacy. At that time, the investigators found that the pharmacy had shipped drugs to patients without conducting tests for sterility and bacteria, and a lab sample revealed drugs that had been contaminated with bacteria. In 2013, the FDA designated Foundation Care as a "high-risk" compounding pharmacy, and cited it as an example as to why greater federal oversight of compounders was necessary. A second inspection of the company that year found “multiple examples” of practices that could lead to contamination, and that Foundation Care had failed to “assure that drug products conform to appropriate standards of identity, strength, quality and purity.” In a February 2014 letter to the Missouri Board of Pharmacy, the FDA warned that the pharmacy’s practices “could lead to contamination of drugs, potentially putting patients at risk.” The possibility of drug contamination is one of the centerpieces of prisoner challenges to Missouri's execution process, and experts in the case have indicated that contamination could create a “substantial risk of pain and suffering.” However, in a deposition in the Missouri prisoners' legal challenge, state officials refused to say whether they were aware of any problems with their drug manufacturer, and lawyers for the state have affirmatively used Missouri's secrecy provisions to deny prisoners' access to information about its drug supplier and the company's safety record, while at the same time arguing the prisoners have not proven that the execution may be unconstitutionally cruel. Foundation Care was acquired by AcariaHealth, a subsidiary of health-care giant Centene Corporation, in October 2017. After McDaniel's report was published, the company issued a statement that, “[u]nder Centene’s ownership, Foundation Care has never supplied, and will never supply any pharmaceutical product to any state for the purpose of effectuating executions.”
A Guantánamo military commission judge has indefinitely suspended proceedings in the death-penalty trial of Abd al Rahim al Nashiri, accused of planning al-Qaida’s alleged 2000 bombing of the Navy warship USS Cole off the coast of Yemen. Expressing exasperation over his continuing inability to compel civilian death-penalty lawyers to return to the case, Air Force Colonel Vance Spath (pictured) halted the proceedings on February 16. “I am abating these proceedings indefinitely,” Spath said. “We’re done until a superior court tells me to keep going.” Nashiri’s entire civilian defense team resigned for undisclosed ethical reasons, amid allegations that military officials had violated attorney-client privilege by eavesdropping on legal meetings at the Guantánamo Bay detention facility at which Nashiri has been held for the majority of his 15 years in U.S. custody. The resignations of veteran death-penalty defender Rick Kammen and civilian attorneys Rosa Eliades and Mary Spears followed Spath's refusal to allow the defense lawyers to investigate something that Kammen had discovered in a site reserved for attorney-client meetings. Because the discovery involved classified information, the lawyers were prohibitted from discussing it with their client, placing them, they said in an impossible ethical bind. Citing this ethical problem, the lawyers sought and received permission from Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions Defense Organization, to withdraw from the case, leaving Nashiri's defense solely in the hands of a single military lawyer, Navy Lt. Alaric Piette, who had never tried a murder case. Spath then ordered Baker to rescind the order, and when Baker refused, sentenced him to 21 days of confinement for contempt of court. Harvey Rishikof, the Convening Authority of the Guantánamo tribunals, released Baker from confinement pending appeal and Spath and Piette have repeatedly clashed over Piette's request to have an experienced death-penalty lawyer appointed as his co-counsel in the case. Spath’s abatement of the proceedings came on the last day of a weeklong hearing in which Eliades and Spears ignored prosecutorial subpoenas to appear in court by video feed. After assembling the defense and prosecution in the court, Spath delivered what media reports described as "a 30-minute monologue" expressing frustration over having his orders ignored, alleged inaction by Pentagon officials to help him return the counsel to the case, and uncertainty over his authority raised by Baker's actions. “We need somebody to tell us, ‘Is that really what that says despite every other court system in America thinking differently?’” Spath said. “We need action from somebody other than me. And we’re not getting it.” Spath, who said he was considering retiring from the Air Force, said he had debated “for hours” whether to dismiss the case, but chose not to, saying that would have “reward[ed] the defense for their clear misbehavior and misconduct.” Nashiri, who has been diagnosed with PTSD and depression, remains a law-of-war detainee at Guantánamo Bay’s secretive Camp 7, which houses both captives facing war crimes trials and uncharged war prisoners.
Junk Forensics, Misconduct, and an Inept Defense Raise Questions of Innocence in Arizona Child-Rape/Murder CasePosted: February 19, 2018
Arizona death-row prisoner Barry Jones (pictured) has said for the twenty-three years he has been on death row that he never raped or murdered his girlfriend's 4-year-old daughter, Rachel Gray. In a pair of recent articles for The Intercept, reporter Liliana Segura describes the inconsistent medical testimony, police "tunnel vision," inept defense lawyering, and other "hallmarks of wrongful convictions" that led to a federal court evidentiary hearing last Fall that could overturn Jones's 1995 rape and murder conviction and death sentence and potentially set him free. Rachel died of peritonitis, an inflammation of her inner abdomen caused by an injury she sustained that had ruptured her small intestine. At Jones' trial, Dr. John Howard, the local medical examiner who conducted the autopsy, testified that the injury that caused her death had occurred about 12 hours before she died, at a time she was known to have been with Jones. However, when Howard later testified at the trial of Rachel's mother, he provided a self-contradictory opinion that suited the prosecution's case against her, asserting that the injury had likely occurred at least 24 hours before Rachel's death. Although the defense had contacted an independent pathologist—Dr. Phillip Keen—in 1994 to review the autopsy findings, Jones's lawyers never sent Keen images of the tissue slides or other evidence necessary to determine when the fatal injury occurred. The defense lawyers—and the police—failed to investigate evidence pointing to other suspects, including evidence that Rachel had been physically abused by her mother and bullied by a young boy who had pushed her and hit her in the stomach with a metal bar a few days before her death—exactly the type of injury that could have caused peritonitis. Further, there was no physical evidence suggesting that Rachel had been raped at the time she sustained the fatal abdominal injury. Rather, the evidence suggested that Rachel may have been sexually abused by a prior boyfriend of her mother, well before Jones became involved with the family. Jones's lawyers failed to call any expert witness at trial, and the only witness he presented was Jones's 12-year-old daughter. The prosecution also presented suspect eyewitness identification from two children who testified to having seen a man fitting Jones' description hitting a young girl in a van. Police, however, had questioned the two children in the presence of their mother, who had prompted some of their responses, and had failed to follow standard practices to avoid eliciting false memories. Jones's case has similarities to a number of other death-penalty cases in which defendants were wrongly convicted of murdering children. Sabrina Butler was wrongfully convicted and sentenced to death in Mississippi in 1990 when a local medical examiner testified that she had suffocated her nine-month-old son. Butler was exonerated in 1995 after medical evidence suggested that her baby died either of cystic kidney disease or from sudden infant death syndrome (SIDS). Rodricus Crawford was wrongly convicted and sentenced to death after a local doctor claimed he had suffocated his infant son. He won a new trial as a result of unrelated prosecutorial misconduct, and was exonerated in 2017 after national experts presented affidavits saying the autopsy results showed his baby had died from bronchopneumonia and sepsis. And Ha'im Al Matin Sharif was released from Nevada's death row in 2017, nearly 30 years after he was convicted of killing his girlfriend's 11-month-old daughter, after medical evidence revealed that the baby died from infantile scurvy, rather than from physical abuse. Oral argument for Jones's case is scheduled in federal court on March 2.