Publications & Testimony

On Tuesday, the Death Penalty Information Center released a new report that con­nects Ohio’s racial his­to­ry to the mod­ern use of the death penal­ty in the state. Broken Promises: How a History of Racial Violence and Bias Shaped Ohio’s Death Penalty doc­u­ments how racial dis­crim­i­na­tion is the through­line that runs from the state’s found­ing to its appli­ca­tion of cap­i­tal punishment…

Furman v. Georgia was one of the most mon­u­men­tal cas­es in American legal his­to­ry: the 1972 deci­sion over­turned every state death penal­ty statute in the coun­try and spared the lives of near­ly six hun­dred peo­ple sen­tenced to die. But the lead peti­tion­er, William Henry Furman, was lit­tle aware of his impact. Poor, Black, men­tal­ly ill, and phys­i­cal­ly and intel­lec­tu­al­ly dis­abled, he was sen­tenced to death for the killing of a home­own­er dur­ing a botched rob­bery, which he main­tains was…

Oklahoma pris­on­er Wade Lay (pic­tured) will not be exe­cut­ed on June 6, 2024 as sched­uled because a Pittsburg County judge has found him men­tal­ly incom­pe­tent to be exe­cut­ed. ​“The avail­able evi­dence demon­strates, by a pre­pon­der­ance or greater weight of the evi­dence, that Mr. Lay is cur­rent­ly incom­pe­tent to be exe­cut­ed accord­ing to the gov­ern­ing legal stan­dards,” Judge Tim Mills wrote. Defense and state experts who exam­ined Mr. Lay found that, due to his schiz­o­phre­nia, delu­sions, and para­noia, he…

The Oklahoma Court of Criminal Appeals ruled on May 7 to extend the inter­val between exe­cu­tions to occur approx­i­mate­ly 90-days apart, spec­i­fy­ing that exe­cu­tions should be sched­uled for Thursdays, and that the Department of Corrections must be pro­vid­ed notice at least 35 days in advance. The Court also denied the Attorney General’s motion to set exe­cu­tion dates for groups of pris­on­ers, as has been done in the past, instead choos­ing to sched­ule executions…

In a May 7, 2024 edi­to­r­i­al, the Los Angeles Times Editorial Board cites the deeply engrained racial dis­par­i­ties in the California death penal­ty sys­tem and how those facts led them to con­clude that ​“even if the state could per­form pain­less and anx­i­ety-free exe­cu­tions and racial bias­es were elim­i­nat­ed, the death penal­ty would still be wrong.” ​“Black defen­dants were 4.6 to 8.7 times more like­ly to be sen­tenced to death than oth­er defen­dants fac­ing sim­i­lar charges” the Board notes, and ​“Latinos…

A new arti­cle, ​“Gender Matters: Women on Death Row in the United States,” explores the cas­es of 48 women who were sen­tenced to death in the United States between 1990 and 2023. ​“We believe that women’s cap­i­tal sen­tences are best explained by exam­in­ing the events of their lives with­in a larg­er social con­text, and by ana­lyz­ing how those expe­ri­ences — and the women them­selves — were treat­ed with­in the legal sys­tem,” said the authors, who include Sandra Babcock (pic­tured left), a Clinical Professor…

On April 30, 2024, a week after the par­ties in Glossip v. Oklahoma filed mer­its briefs at the United States Supreme Court, sev­er­al ami­ci filed briefs in sup­port of the par­ties’ joint posi­tion, ask­ing the Court to grant Richard Glossip (pic­tured) a new tri­al. Ken Cuccinelli, the for­mer Virginia Attorney General and Deputy Secretary of Homeland Security under President Donald Trump, said in his brief that the con­se­quences of fail­ing to over­turn Mr. Glossip’s con­vic­tion are ​“most dire.”…

Recent report­ing by The Intercept con­firms a sto­ry aired in April 2024 on Last Week Tonight with John Oliver iden­ti­fy­ing Connecticut-based Absolute Standards as the source of the exe­cu­tion drugs used in 13 fed­er­al exe­cu­tions in 2020 and 2021. Absolute Standards pro­duces mate­ri­als for cal­i­brat­ing research equip­ment, but in 2018, it applied to the Drug Enforcement Administration to be reg­is­tered as a bulk pro­duc­er of pen­to­bar­bi­tal, the anes­thet­ic used in fed­er­al exe­cu­tions and in many…

On April 25, 2024, a Philadelphia, Pennsylvania jury award­ed $16 mil­lion to for­mer death row pris­on­er Jimmy Dennis (pic­tured), who was wrong­ful­ly con­vict­ed and spent 25 years in prison. Following nine days of tri­al, jurors deter­mined that the city of Philadelphia owes Mr. Dennis $10 mil­lion, and the two detec­tives who ​“engaged in mali­cious or wan­ton mis­con­duct” owe him an addi­tion­al $3 mil­lion each. Mr. Dennis was sen­tenced to death in 1991 for a mur­der he main­tained he could not have…

An April 28, 2024 report by Ed Pilkington in The Guardian chron­i­cles the trau­ma expe­ri­ences by prison offi­cials assigned to car­ry out exe­cu­tions. Oklahoma cor­rec­tion­al offi­cers asked Attorney General Gentner Drummond to slow the pace of exe­cu­tions, cit­ing ​“last­ing trau­ma,” Post-Traumatic Stress Disorder, and alco­hol abuse among staff due to fre­quent exe­cu­tions in the state. Former cor­rec­tions direc­tor Justin Jones told Mr. Pilkington, ​“It affects your men­tal state when it becomes so routine,”…