Publications & Testimony

According to inves­tiga­tive report­ing from the AZ Mirror, the Arizona Department of Corrections, Rehabilitation, & Reentry (ADCRR) is stor­ing the state’s sup­ply of pen­to­bar­bi­tal salt, the active ingre­di­ent used in a com­pound­ed form in lethal injec­tion exe­cu­tions, in eight unmarked glass con­tain­ers in a prison refrig­er­a­tor, rais­ing doubts about the drugs’ authen­tic­i­ty and effi­ca­cy. ADCRR has refused to reveal how long it has been in pos­ses­sion of these…

At Brenda Andrew’s 2004 tri­al in Oklahoma for the mur­der of her hus­band, the pros­e­cu­tor called wit­ness­es to tes­ti­fy about her​“provoca­tive” cloth­ing and her pre­vi­ous sex­u­al rela­tion­ships, and ques­tioned​“whether a good moth­er would dress or behave” the way she had. Jurors heard Ms. Andrew called a​“hoochie” and a​“slut pup­py.” In his clos­ing argu­ment, the pros­e­cu­tor opened a suit­case and showed the jury Ms. Andrew’s under­wear, ask­ing,​“The grieving widow…

On January 20, 2025, President Donald Trump signed more than two dozen Executive Orders, includ­ing a call to​“restore” the fed­er­al death penal­ty. The Order, while lack­ing many impor­tant details, instructs the Department of Justice’s Attorney General to​“pur­sue the death penal­ty for all crimes of a sever­i­ty demand­ing its use,” includ­ing the killing of a law enforce­ment offi­cer or​“a cap­i­tal crime com­mit­ted by an ille­gal alien present in this coun­try” and to encourage…

On January 9, 2025, the U.S. Department of Justice released its Review and Evaluation of the Tulsa Race Massacre of May 31-June 1, 1921. The depart­ment char­ac­ter­ized the report as​“the fed­er­al government’s first thor­ough reck­on­ing” designed to acknowl­edge, illu­mi­nate, and pre­serve for his­to­ry the​“hor­ri­ble ordeals of the massacre’s vic­tims” even if they found no legal avenue for pros­e­cu­tion of the crimes committed over…

Three and a half years after announc­ing its inves­ti­ga­tion into the fed­er­al death penal­ty pro­to­col, Attorney General Merrick Garland announced on January 15, 2025 that the Department of Justice (DOJ) is rescind­ing the fed­er­al government’s sin­­gle-drug pen­to­bar­bi­tal lethal injec­tion pro­to­col. The DOJ’s deci­sion was based on what AG Garland called​“sig­nif­i­cant uncer­tain­ty” about whether exe­cu­tions by pen­to­bar­bi­tal caused unnec­es­sary pain and suf­fer­ing. The…

A recent op-ed in the Idaho Statesman high­lights a num­ber of dif­fi­cul­ties that are a result of his­toric under­spend­ing on cap­i­tal defense as the state pre­pares for its first exe­cu­tion since 2012. Idaho’s pub­lic defense sys­tem is tran­si­tion­ing to statewide over­sight as part of an effort to address long­stand­ing inequities in coun­­ty-fund­ed legal rep­re­sen­ta­tion. With the con­sol­i­da­tion of the pub­lic defend­er sys­tem came pay increas­es for most of Idaho’s…

When Marion Bowman was arrest­ed at age 20 for the mur­der of Kandee Martin, soci­ety did not con­sid­er him mature enough to drink alco­hol, rent a car, or enter a casi­no. Yet he was deemed old enough to be sen­tenced to death. Now 44, he has spent over half his life on South Carolina’s death row and is sched­uled for exe­cu­tion on January 31. ​“Retribution is not pro­por­tion­al if the law’s most severe penal­ty is imposed on one whose cul­pa­bil­i­ty or blame­wor­thi­ness is dimin­ished, to a substantial degree…

On January 10, 2025, three Connecticut law­mak­ers intro­duced a bill that would make it ille­gal to man­u­fac­ture and sell any drugs or med­ical devices in the state meant to car­ry out the death penal­ty. In 2024, Connecticut-based com­pa­ny Absolute Standards was iden­ti­fied as the source of lethal injec­tion drugs used in 13 fed­er­al exe­cu­tions in 2020 and 2021. In a let­ter to the bill’s spon­sors, John Criscio, President of Absolute Standards, said the com­pa­ny ceased production…

Progress towards glob­al abo­li­tion of the death penal­ty con­tin­ues with Zimbabwe’s end-2024 deci­sion to near­ly elim­i­nate the prac­tice, only pre­serv­ing the right to impose death when the coun­try is under a declared pub­lic emer­gency. Zimbabwe’s last execution…

No jury has ever learned about Aaron Gunches’ life his­to­ry and expe­ri­ences, noth­ing about his child­hood, men­tal and phys­i­cal health, or trau­ma — the mit­i­ga­tion evi­dence that the Supreme Court has said is essen­tial to a con­sti­tu­tion­al death sen­tence. Arizona courts judged Mr. Gunches com­pe­tent to rep­re­sent him­self in two sep­a­rate tri­als for the mur­der of his ex-girlfriend’s hus­band, and he pre­sent­ed no defense in either pro­ceed­ing. Jurors twice sentenced him…