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Former Florida Death-Row Doctor: Experience of Veterans Highlights Death Penalty's Failures

A former Florida death-row doctor says the experience of U.S. military veterans who have been sentenced to death provides a lens through which the public can better understand some of the failures of the state's death penalty and identify opportunities for meaningful reform of the criminal justice system. In a Veterans Day guest column in Florida Politics, psychiatrist Dr. Joseph Thornton (pictured) writes that "18-percent of Florida’s death row is made up of veterans of our military services." Their backgrounds of "childhood trauma, drug use and more," he says, is typical of the experiences of "almost all" of the prisoners on the state's death row. In conjunction with Veterans Day 2015, DPIC released a report, Battle Scars: Military Veterans and the Death Penalty, that estimated at least 300 veterans were on state and federal death rows across the country, representing approximately ten percent of the nation’s death row population. The report highlighted the plight of veterans with Post-Traumatic Stress Disorder (PTSD), the lack of effective mental health intervention and support services, and the failures of defense counsel to investigate and present critical evidence to spare the veterans' lives. Dr. Thornton—whose more than 30-years of clinical experience includes three years overseeing medical and psychiatric care on Florida's death row—noted that two men whom Florida executed in 2017 were military veterans. Michael Lambrix, who was executed on October 5, was honorably discharged from the Army after becoming disabled in a training accident and subsequently developed a serious problem with drugs. Patrick Hannon, executed November 8, already suffered from drug abuse while in the military. "Neither," Dr. Thornton writes, "had the benefit of current intervention tactics deployed by the Veteran’s Administration to care for veterans with a history of trauma and drug abuse." Dr. Thornton advocates that Florida reallocate the money it spends on the death penalty for "more mental health treatment services, especially for military veterans, who deserve better treatment after sacrificing so much for our country." The state, he writes, should "place a moratorium on executions, and not just those of veterans, but everyone on Florida’s death row." Four veterans were executed in the United States in 2016: Georgia executed Brandon Jones and William Sallie, who had served in the Army, and Travis Hittson, who had served in the Navy; Alabama executed former Army reservist. Ronald Smith. Two men who served in the military have been exonerated in 2017: Air Force veteran Ralph Daniel Wright, Jr. was exonerated in Florida in May and Rickey Dale Newman, a mentally ill former Marine suffering from posttraumatic stress disorder who was homeless at the time he was charged with capital murder in Arkansas.


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Anti-Death Penalty District Attorney Elected in Philadelphia, the Nation's 3rd Largest Death Penalty County

Philadelphia, Pennsylvaniathe nation's third largest death-penalty county—has elected as its new district attorney a candidate who ran on a platform of ending mass incarceration and eschewing use of the death penalty. Democrat Lawrence Krasner (pictured), a longtime civil rights lawyer and opponent of the death penalty, who once joked that he’d “spent a career becoming completely unelectable,” received 75% of the vote in easily defeating his Republican opponent Beth Grossman. As a civil rights and criminal defense attorney, Krasner had represented political protesters and Black Lives Matter activists, and had sued the Philadelphia Police Department on numerous occasions. He has likened use of the death penalty to "lighting money on fire,” saying that capital punishment “has cost Pennsylvania taxpayers over $1 billion, yet no one on Pennsylvania’s death row has been put to death involuntarily since 1962.” A July 2015 DPIC analysis of death sentences imposed in Philadelphia reported that at least 148 death sentences imposed in the city since Pennsylvania reinstituted the death penalty in 1974 had been overturned. In that time, one prisoner from Philadelphia—who voluntarily dropped his appeals—was executed. Krasner called his election a "mandate" for "transformational change." He said, "[t]his is a story about a movement. And this is a movement that is tired of seeing a system that has systematically picked on poor people—primarily black and brown poor people." Those are the people who, historically, have been most disproportionately affected by Philadelphia's death penalty. A major study of Philadelphia's death penalty in the 1980s and 1990s documented that black capital defendants faced more than triple the odds of being sentenced to death than did other defendants, and that an estimated one-third of the more than 100 African Americans who were on the city's death row at the turn of the century would have received life sentences but for their race. Another study showed that death-sentencing in the city was heavily influenced by a defendant's physical appearance: the probability that a black defendant charged with killing a white victim would be sentenced to death doubled if the defendant was perceived as having "stereotypically African" physical features—darker skin, a broader nose, and thicker lips. Even as the number of death sentences imposed in Philadelphia has dramatically declined—falling from an average of 9.9 death sentences per year in the 1990s to less than one sentence per year this decade—the racial disproportionality of the death sentences imposed in the city has grown. Nine of the 99 death sentences imposed in Philadelphia in the 1990s were directed at white defendants, as compared to only one of the 25 death sentences imposed this century, and 45 of the last 47 people sentenced to death in the city have been defendants of color. 


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NEW VOICES: Former Law Enforcement Officials Say Arizona, Kansas Should End Death Penalty

Former high-ranking law enforcement officials from Arizona and Kansas have called on their states to end the death penalty. In separate op-ed stories one week apart, former Arizona Attorney General Terry Goddard (pictured, left) and former Kansas Secretary of Corrections Roger Werholtz (pictured, right) conclude that the capital punishment schemes in their states have failed and should be abandoned. In a November 5 op-ed in the Arizona Daily Star headlined Arizona's 40-year experiment with the death penalty has failed, Attorney General Goddard said "Arizona does not have a good track record for getting [the death penalty] right," pointing to problems of innocence, racial disparity, cost, and persistent structural problems with the state's death penalty law. Goddard, a former Mayor of Phoenix, later oversaw the executions of six people during his tenure as the state's Attorney General from 2003 to 2011. He now says the state's death penalty has "failed ... in fundamental ways," with a statute so broad that it "captur[es] nearly every first-degree murder" and defective statutory provisions and judicial procedures that have caused "dozens of [cases to] have been set aside." He says "[s]entencing the innocent to die ... is reason alone to abandon the death penalty." Although "[g]etting it wrong once is one time too many," Arizona "has swept up the innocent in its net" at least nine times. Goddard argues that the "unsettling racial disparities" in the application of Arizona's death penalty—Hispanic men accused of murdering whites are sentenced to death at more than four times the rate of white defendants accused of murdering Hispanics—and "[t]he spiraling costs of seeking and imposing a death sentence are further reason to abandon the policy." Goddard concludes that, after four decades of using capital punishment, "Arizona has failed to narrow [its] application ... and has been unable or unwilling to provide the guidance necessary to ensure that the death penalty is only imposed on the worst offenders." Given these "myriad problems," he says, "Arizona should join the rising tide against imposing it." On October 31, Corrections Secretary Werholtz also authored an op-ed advocating ending the death penalty, though for very different reasons. In an opinion piece in the Topeka Capital-Journal entitled End the death penalty in Kansas, Secretary Werholtz addressed the state's budget shortfall and the challenges it posed to keeping corrections staff, prisoners, and communities safe. Werholtz—who served 28 years with the Kansas Department of Corrections, including eight as its Secretary—says "one simple choice" in addressing the problem "would be to eliminate the excessive amounts of money we are spending on Kansas’ broken death penalty by replacing it with life without parole." As Kansas faces a decision on whether to build a new execution facility to replace an execution chamber that the state has never used, Werholtz "believe[s] it’s time we acknowledge that the return on our investment in the death penalty has been abysmal. Numerous studies conclude that the death penalty keeps us no safer than imprisonment, and yet it siphons away far more crime prevention dollars." Currently, he says, Kansas is unable to fully staff its correctional facilities or make technological improvements to ensure the safety of corrections officers and prisoners alike. “With funds so scarce, and the needs so great,” Werholtz says, “it simply makes no sense for us to continue to invest more in our ineffective death penalty."


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New Report Documents “Dramatic Rise” in Republican Support for Death-Penalty Repeal

"The death penalty is dying in the United States, and Republicans are contributing to its demise," concludes a new report, The Right Way, released on October 25 by the advocacy group Conservatives Concerned About the Death Penalty. The report traces "the dramatic rise in Republican sponsorship of bills to end the death penalty" and the trends that it says helped contribute to this rise. Based on this data, the report says "[m]ore Republican lawmakers are recognizing that the death penalty is a broken policy and taking an active role in efforts to end it." The data in the report reflect both the emergence of Republican leadership in bills to repeal the death penalty and increased bi-partisanship in the sponsorship of these bills. Forty Republican legislators sponsored bills to abolish the death penalty in 2016, the report says, "ten times as many [who] sponsored repeal bills ... in 2000." It also reports that the percentage of repeal-bill sponsors who are Republicans has risen to 31%, a six-fold increase since 2007. The report highlights grassroots, party-level, and religious shifts in Republican views about and activism against the death penalty. In addition to the national Conservatives Concerned About the Death Penalty, conservative anti-death-penalty advocacy groups have formed in eleven predominently Republican "red states." In Kansas, the state Republican Party "removed its death penalty support from the Party’s platform in 2014" in favor of a neutral position and voted down an attempt to restore a pro-death penalty stance in 2016. The report also says Evangelicals are increasingly "forsak[ing] the death penalty," pointing to the public involvolvement of prominent Evangelical leaders opposing state efforts to carry out executions in a number of recent cases and the new policy of position the National Association of Evangelicals, expressing neutrality on the death penalty and acknowledging its flaws. Recent national polls confirm the report's observations. The October 2017 Gallup poll on the death penalty indicated that death-penalty support among Republicans fell by ten percentage points, from 82% to 72%, in the last year, and the Pew Research Center reported a seven percentage-point decline in support for capital punishment between 2011 and 2015 among respondents who described themselves as conservative Republicans. The Right Way highlights the actions of five Republican state legislators' efforts to repeal capital punishment in predominantly Republican states, and addresses the substantive concerns that have given rise to Republican death-penalty opposition. "Plagued by wrongful convictions, high costs, and delays," the report says, "the death penalty has proven to be ineffective and incompatible with a number of core conservative principles. It runs afoul of conservative commitments to limited government, fiscal responsibility, and a culture of life." As renewed pushes to abolish the death penalty move forward in states like Utah and New Hampshire, the Gallup organization suggests that the actions of Republicans may be critical in determining the death penalty's future. It's analysis of this year's poll states: "Thirty-one states, primarily in Republican-leaning regions, allow the death penalty. The likelihood of many of those states changing their laws hinges on whether rank-and-file Republican support for capital punishment remains high or declines in the future."


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Merck CEO Ken Frazier: Application of Death Penalty Not "Fair and Consistent"

Merck Chief Executive Officer Kenneth C. Frazier (pictured) resigned from the president’s American Manufacturing Council on August 14, saying “[a]s CEO of Merck and as a matter of personal conscience, I feel a responsibility to take a stand against intolerance and extremism.” In a statement posted on Merck’s Twitter account, Frazier said: "Our country's strength stems from its diversity and the contributions made by men and women of different faiths, races, sexual orientations and political beliefs. America's leaders must honor our fundamental values by clearly rejecting expressions of hatred, bigotry and group supremacy, which run counter to the American ideal that all people are created equal." It was not the first time that Frazier, the only African-American CEO of a major pharmaceutical company, has spoken out on matters of social justice. Following his successful pro bono representation of James Willie "Bo" Cochran, a black, Alabama death-row prisoner wrongly convicted of the murder of a white grocery store manager, Frazier wrote that the case showed him that "there can be no fair and consistent application of the death penalty under the current system." Frazier undertook Cochran's representation while a partner at the Philadelphia law firm, Drinker, Biddle & Reath, and remained on the case after joining Merck. Cochran won a new trial after Frazier and his team showed that, in two prior trials, the prosecutor had systematically removed 31 of the 35 potential black jurors because he believed they were less "reliable" and more likely to acquit black defendants. Frazier initially doubted Cochran's proclamation of innocence: witnesses inside the store described the suspect as a black man and, as police converged on the scene, heard a gunshot coming from a nearby trailer park, less than one mile from where Cochran was found with a gun and cash. But Frazier discovered during the post-conviction proceedings that there was no physical evidence against his client, the only bullet recovered near the scene did not match Cochran's gun, and the fatal bullet could not be tested because police had cut it out of the victim's body and removed it before delivering the body to the medical examiner. "He was convicted," explains Frazier, "despite evidence suggesting an accidental police shooting and cover-up." Even though the state only had circumstantial evidence against him, Cochran was tried three separate times for the killing (the first time, there was a mistrial, and the second time his conviction was reversed on appeal). "Although some maintain the criminal justice system is color-blind," Frazier wrote, "the reality is that race plays a substantial role in the judicial process." In Cochran's retrial, a jury that Frazier says "was not selected primarily on the basis of race" acquitted him in less than an hour. 


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NEW VOICES: More Than 100 Rabbis Issue Statement Calling for End to the "Cruel Practice" of Capital Punishment

A group of more than 100 rabbis from multiple Jewish denominations have issued a statement expressing their opposition to the use of the death penalty in the United States. The statement, posted by Rabbi Dr. Shmuly Yanklowitz (pictured) in Forward.com’s Scribe—a curated contributor network of Jewish thought—called for an end to the “cruel practice” of capital punishment and “for the beginning of a new paradigm of fair, equitable restorative justice.” The rabbis said that “[a]s Jews and citizens, we believe that governments must protect the dignity and rights of every human being. By using the death penalty, our country fails to live up to this basic requirement.” The rabbis invoked classical Jewish thought that, “[w]hile not categorically opposed to capital punishment, … saw the death penalty as so extreme a measure that they all but removed it from their system of justice.” The Sages, they wrote, “had a very high bar for reliable evidence, were eager to find ways to acquit, and were deeply concerned about the dignity of [the] condemned. In contrast, our American system today lacks the highest safeguards to protect the lives of the innocent and uses capital punishment all too readily.” The rabbis criticized the unreliability, unfairness, and costliness of the death penalty as administered across the U.S., exacerbated by a defendant’s poverty or “lack of access to legal resources.” “The consequences of this system,” they wrote, “are not only fundamentally unjust but also produce racially disparate outcomes.” They also expressed concerned about the system sending innocent people to death row: “too often,” they said, “the wrong person is convicted …. We do not naively believe that everyone on death row is completely innocent of any crime. Yet, it is time to see the death penalty for what it is: not as justice gone awry, but a symptom of injustice as status quo.”


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Mark White, Former Governor of Texas and Death-Penalty Critic, Dies at 77

Mark White (official portrait, pictured), a former governor and attorney general of Texas who became an outspoken critic of the death penalty, died on August 5 at the age of 77. Mr. White served as governor from 1983 to 1987, during which time he oversaw 19 executions. In an unsuccessful comeback bid in 1990, a campaign ad touted his strong support for the death penalty, featuring photos of the men executed during his tenure as governor and declaring, "Only a governor can make executions happen. I did and I will." Over time, however, his views changed and he became an advocate for the wrongfully condemned. In May 2014, White published a reflective op-ed in Politico, in which he declared that the administration of the death penalty is egregiously flawed. Citing the botched April 2014 execution of Clayton Lockett in Oklahoma, White wrote that the death penalty lends itself to mistakes and abuse. Lockett died of a heart attack approximately 40 minutes after the state began administering an untested lethal-injection protocol. “As I’ve watched how the death penalty has been administered over the years," White wrote, "both in Texas and around the country, it has become increasingly clear to me that we just don’t do a good job at any phase of the process, from ensuring that capital trials are fair to the actual handling of executions themselves." White wrote that the death-penalty system is plagued by arbitrariness. "We now have incontrovertible evidence that America’s criminal justice system does a poor job of determining who deserves the death penalty,” he said, noting that 12 Texans had been among the many people released from death row after evidence of their innocence emerged. Since the publication of White's op-ed, that number has risen to 13. As a "recovering politician," White volunteered to work with reform groups and innocence organizations in an attempt to redress his concerns about the unfairness of the criminal justice system. In 2012, he lent his voice to the NAACP Legal Defense and Educational Fund's efforts to obtain a fair sentencing hearing for Duane Buck—who had been sentenced to death after a defense mental health expert, and then the prosecutor, told the jury that he posed an increase risk of violence to society because he is black—narrating the video, A Broken Promise in Texas: Race, the Death Penalty, and the Duane Buck Case. He also served as the long-time co-chair of The Constitution Project's Death Penalty Committee, on which he worked with other former prosecutors, governors, and corrections officials to advance bi-partisan efforts at death-penalty reform.


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Political Analysis: Is Conservative Support the Future of Death-Penalty Abolition?

In a forthcoming article in the Journal of Criminal Law and Criminology, released online in July, Ben Jones argues that, despite the popular conception of death-penalty abolition as a politically progressive cause, its future success may well depend upon building support among Republicans and political conservatives. In The Republican Party, Conservatives, and the Future of Capital Punishment, Jones—the Assistant Director of Rock Ethics Institute at Pennsylvania State University—traces the ideological roots of the recent emergence of Republican lawmakers as champions of death penalty repeal to long-held conservative views. He writes, “there is a cogent and compelling conservative argument against the death penalty: it is incompatible with limited government, fiscal responsibility, and promoting a culture of life.” Jones says that for much of the 20th century, the death penalty was not a partisan issue, as Republican governors signed legislation abolishing the death penalty in Kansas in 1907 and Minnesota in 1911. Later, Republican governors commuted the sentences of all prisoners on death row in Arkansas in 1970 and in Illinois in 2003. Jones believes that Republican lawmakers’ increased interest in criminal justice reform “has created an opportunity to reframe the death penalty in a way that resonates with traditional conservative concerns.” Though Jones is uncertain whether the nascent Republican legislative opposition to capital punishment is “part of a longer-term trend,” he says, if it is, “Republican and conservative opposition will provide important opportunities—which otherwise would be absent—to advance efforts to end the death penalty in the U.S.” One opportunity may be in Utah, where conservative Republican state senator Stephen Urquhart led an effort that came close to achieving legislative repeal of the death penalty in 2016. A July 19 Salt Lake Tribune editorial argued that “[e]nding the death penalty would save money and save souls.” On the same day, Rethlyn Looker, the Utah state chair for Young Americans For Liberty, wrote in a Tribune op-ed, that "as fiscal conservatives," the cost argument to abolish capital punishment "should resonate with us" because, "in Utah, it costs at least $1.6 million more to sentence a person to death than to sentence them to life in prison without the possibility of parole." But, Looker writes, the "most compelling reason" to oppose the death penalty is still "the fact that we simply can't trust the government to get something this serious right." She says, "[f]or all of the reasons we distrust the government to do the right thing in so many other areas, we should distrust the government to end a person's life."


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New Generation of Prosecutors May Signal Shift in Death Penalty Policies

A new generation of prosecutors, elected across the country on a platform of criminal justice reform, are taking a different approach to criminal justice policies than their predecessors, including a reduction in the use of capital punishment. A Christian Science Monitor profile of these prosecutors—focusing on Mark Gonzalez (pictured), the Nueces County, Texas, district attorney—says "[f]rom Texas to Florida to Illinois, many of these young prosecutors are eschewing the death penalty, talking rehabilitation as much as punishment, and often refusing to charge people for minor offenses." Their reform measures not only create greater opportunities for rehabilitation of offenders, but also reduce costs for the county and state governments. Stanford Law Professor David Alan Sklansky said, “It does seem to be a new and significant phenomenon. It’s rare to see so many races where the district attorney is challenged, where they lose, and where they lost to candidates calling not for harsher approaches, but for more balanced and thoughtful, more restrained, more progressive approaches to punishment.” In 2016, several new prosecutors who ran on reform platforms in major death-penalty counties defeated entrenched incumbents: Kim Ogg in Harris County, Texas; Andrew Warren in Hillsborough County, Florida; and Charles Henderson in Jefferson County, Alabama all pledged to reduce the use of capital punishment. Caddo Parish, Louisiana's District Attorney James Stewart, elected in 2015, has backed away from that parish's aggressive use of the death penalty while Denver District Attorney Beth McCann and Orlando State Attorney Aramis Ayala, both elected in 2016, have said they would not pursue the death penalty. In May 2017, Larry Krasner, a death-penalty opponent, won the Democratic nomination for Philadelphia District Attorney, making him the favorite to win the general election in November. Kim Ogg described the reasons for her support of criminal-justice reform, saying, “In the last decade the American people have literally lost faith in the fairness of our justice system. If they think we’re rigging the system, or trying to force outcomes, then they’re not going to participate, and to me that is a huge threat to our democracy.” Gonzalez says he has not decided how he will approach the death penalty, and in the meantime is still filing death penalty cases. But, he says, “We’re trying to change things. ... The culture is changing.”


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Journal of Psychiatrist Who Presided Over 14 Texas Executions Reveals Mental Toll That May Have Contributed to Suicide

As a psychiatrist in the Wayne Unit of Texas' Huntsville prison from 1960 to 1963, Dr. Lee Hartman presided over 14 electric-chair executions. When his grandson, Ben Hartman, a journalist, began investigating Dr. Hartman's life, he discovered journals that chronicle those executions and the psychological toll they took, possibly contributing to Dr. Hartman's suicide in 1964. Dr. Hartman's journals contain basic data on the men who were executed, including their names, race, a summary of the crime, and notes on the execution itself. More profoundly, though, they capture Dr. Hartman's reactions to his experiences and how they shaped his views on the death penalty, leaving him—in his grandson's words—"a determined opponent of capital punishment." In 1962, Dr. Hartman wrote, "The death penalty is irreparable." After the highly-publicized execution of Howard Stickney, a 24-year old who professed his innocence, Dr. Hartman wrote, "Very shook up and angry over whole cruel mess." He had been with Stickney on his scheduled November 10, 1961 execution date as they neared the door to the execution chamber. The journal reports that the phone rang at 12:32 a.m. with news that a judge had granted a 10-day stay of execution. This was "[a]pparently a complete surprise to Stickney," the journal entry says, "who broke down, prayed and wept.” In May of 1962, still professing his innocence, Stickney exhibited "[d]ignity and grace, shook hands with several guards while waiting, didn’t want to take coat off.” The journal reports: "At 12:24, warden returned–no stay, Stickney quietly sat in chair." Three separate jolts of electric current were sent through his body, "1st shock at 12:25–dead at 12:30.” Elsewhere in the journal, Dr. Hartman wrote 19 pages on arguments for and against capital punishment, clearly setting out his views. “The death penalty has a brutalizing and sadistic influence on the community that deliberately kills a member of its group,” he wrote, permitting the public “to vicariously indulge in vicious and inhumane fantasies under socially-acceptable guises.” He wrote: "The death penalty is not applied impartially. There is such surfeit of these cases that to mention them would be redundant. The poor defendant is obviously at a disadvantage and frequently receives the extreme penalty while the wealthier accused escapes a prison term. There is well known discrimination on racial or class lines." Dr. Hartman struggled with depression for many years, spending several months in a mental hospital after working in the prison. In 1964, he committed suicide by taking an overdose of pentobarbital, a drug now used to execute prisoners in Texas.


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