Ten Years After Last Execution, California Still Far From Resuming Executions

On January 17, 2006, California executed Clarence Ray Allen, who was 76 years old, legally blind, diabetic, and used a wheelchair. He was the last person the state has executed. A decade later, California's death row population has increased by 100 to 746, making it the largest in the nation. The state has executed 13 prisoners in 40 years at an estimated cost of $4 billion, while more than 100 other prisoners have died on death row. Prisoners wait 11-15 years to be appointed counsel, and the entire appeal process routinely takes 20-25 years. In November 2015, California proposed a new, one-drug lethal injection protocol, but the protocol cannot be implemented until it goes through a public vetting process, which may take years, and then survives legal challenges. This November, California voters may be presented with two competing ballot measures - one that aims to shorten the time between conviction and execution by speeding up the appeal process and another that would abolish the death penalty. A prior referendum to abolish the death penalty failed 48% to 52% in 2012. Commentators close to the issue say California's death penalty isn't working. Jeanne Woodford, who worked at San Quentin for over 25 years and oversaw executions, said that many of those who were sentenced to death were young men, "the very people whose behavior changes over time." Donald Heller, who wrote the initiative that expanded California's death penalty in 1978, said he did so based upon two assumptions about the death penalty that have proven to be false: "The first was that it would deter murders. The second: I assumed defendants would have competent representation." He also voiced concerns about the potential execution of innocent people: "If you have an imperfect system taking someone's life, it's a little bit frightening." 

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Texas Prepares to Execute Richard Masterson While Autopsy Data Suggests Death Was Not Murder At All

As Texas readies itself to execute Richard Masterson (pictured), his lawyers have filed new pleadings questioning whether any murder occurred at all and are seeking a stay of execution based on what they say is "evidence of State fraud, misconduct, and his actual innocence." Masterson's filings challenge the forensic testimony presented by the prosecution in the case, the accuracy of instructions given to jurors, and the constitutionality of Texas' lethal injection secrecy law. Masterson is scheduled to be executed on January 20 for the death of Darrin Honeycutt, which medical examiner, Paul Shrode, testified had been caused by strangulation. His attorneys argue in a new federal court filing that prosecutors concealed evidence that their expert witness and attending medical examiner was unqualified to perform Mr. Honeycutt’s autopsy, botched the autopsy, falsified his credentials, and gave false testimony in this case and other capital murder trials. Two pathologists who examined autopsy data say that the Shrode was unqualified and incorrectly ruled Honeycutt's death a homicide, when it was most likely caused by a heart attack. In 2010, Ohio Governor Ted Strickland commuted the death sentence of Richard Nields based upon concerns about Dr. Shrode's assertion that the victim in that case had been strangled. Shrode was subsequently fired as chief medical examiner in El Paso County, Texas, after discrepancies were found in his resume and revelations were made about his unsupported testimony in the Ohio case.  

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