Publications & Testimony

Exhibiting symptoms of the coronavirus, a Philadelphia death-row prisoner who prosecutors now acknowledge is ​“likely innocent” and whose potential release has been delayed by the Philadelphia courts has filed an emergency motion to obtain testing and independent medical treatment for COVID-19. Walter Ogrod (pictured) — sentenced to death in 1996 for the city’s highly sensationalized 1988 ​“baby in a box” murder — was taken to the death-row infirmary at Pennsylvania’s State Correctional Institution…

NEWS (3/​20/​20): Georgia — Crusading civil rights and death-penalty defense lawyer Millard Farmer (pictured, left, in 1980), age 85, has died. Farmer, a relentless fighter against racism and discrimination, developed a controversial style of litigation he called ​“conflictioneering,” in which he took direct aim at judges, prosecutors, and law enforcement officials whose bigotry he believed was promoting or protecting unjust application of the criminal laws. Farmer’s successes included the case…

The Ohio Supreme Court has granted a new trial to a Cincinnati death-row prisoner whose lawyer’s inaction permitted a racially biased juror to serve in his case. In a 5 – 2 opinion issued February 27, 2020, the court ruled that defense counsel for Glen Bates (pictured) had been ineffective for failing to question a juror about her racial bias, challenge her for cause, or exercise one of his remaining discretionary strikes to prevent her from serving in the case, in violation of his right to an…

NEWS (3/​19/​20): Texas — The Texas Court of Criminal Appeals has for a second time delayed an impending execution because of the coronavirus health crisis. On March 19, the court issued a 60-day stay of execution to Tracy Beatty, whom the state had scheduled for execution on March 25. The court wrote: ​“We have determined that the execution should be stayed at the present time in light of the current health crisis and the enormous resources needed to address that emergency.” The stay will expire…

NEWS (3/​21/​20): Arkansas — Arkansas capital defendant Mauricio Torres will get a third trial in the child-abuse murder of his six-year-old son after a Benton County trial judge declared a mistrial during the penalty-phase of his second trial and vacated the jury’s conviction. Judge Brad Karren declared a mistrial on March 5 after prosecution witness Quinten Martin, Torres’s step-son, attempted to attack Torres in the jury’s presence. The defense argued that Arkansas law required an initial…

NEWS (3/​19/​20): Florida — The Florida Supreme Court has denied new sentencing hearings to two more death-row prisoners who were sentenced to death after non-unanimous sentencing recommendations by their juries. Relying on the court’s January 23, 2020 decision in State v. Poole that abandoned its requirement of unanimous sentencing recommendations, the court upheld death sentences imposed on Grover Reed and Lucious Boyd. Reed would have been denied relief under the court’s prior jury unanimity…

Virginia’s death row shrank to just two prisoners on March 12 as recently elected Fairfax County, Virginia Commonwealth’s Attorney Steve T. Descano agreed to a deal to resentence former death-row prisoner Mark Lawlor (pictured) to life without parole. Lawlor was sentenced to death in 2011 for the murder of Genevieve Orange. No one has been sentenced to death in Virginia since. A federal appeals court overturned Lawlor’s death sentence in 2018, holding that the trial judge had…

Responding to escalating health concerns caused by the COVID-19 coronavirus pandemic, the Texas Court of Criminal Appeals (TCCA) has temporarily halted the execution of John Hummel. In an order issued on March 16, 2020, the TCCA stayed Hummel’s execution, which had been scheduled for March 18, for 60 days, saying the delay was necessary ​“in light of the current health crisis and the enormous resources needed to address that emergency.” Hummel’s attorney had asked for the stay, arguing that the…

More than forty years after he was convicted and sentenced to death by an all-white Columbus, Georgia jury for the rape and murder of a 19-year-old white woman, Johnny Lee Gates (pictured) will be getting a new trial. On March 13, 2020, the Georgia Supreme Court unanimously held that DNA contained on physical evidence that police and prosecutors had withheld for decades raised ​“significant doubt” as to Gates’ guilt. The court’s 9 – 0 decision rejected an appeal by state prosecutors of a January…

Colorado — The Colorado legislature on March 13 transmitted to the governor SB 20 – 100, which would repeal the state’s death penalty. Governor Jared Polis now has ten days in which to sign or veto the bill or allow it to become law without his signature. Alabama — The Alabama House Judiciary Committee on March 12 amended, approved, and referred to the full House a bill that would eliminate one level of state-court appeals in death penalty cases. As introduced, HB 275 would have vested exclusive…