Publications & Testimony

On April 17, the Supreme Court heard oral argu­ments in Thornell v. Jones, a case impli­cat­ing the test for inef­fec­tive assis­tance of coun­sel — and the first and only oral argu­ment in a death penal­ty case sched­uled this term. Arizona appealed the Ninth Circuit’s deci­sion vacat­ing the death sen­tence of Danny Lee Jones, which found that Mr. Jones was prej­u­diced by his attorney’s fail­ure to present key mit­i­gat­ing evi­dence as to Mr. Jones’ brain dam­age, child­hood phys­i­cal and sex­u­al abuse, and…

A new report issued April 17, 2024 by the UK-based inter­na­tion­al human rights orga­ni­za­tion Reprieve found racial dis­par­i­ties in the occur­rence of botched exe­cu­tions in the United States. As report­ed in The Guardian, Reprieve ana­lyzed all lethal injec­tion exe­cu­tions between 1976 and 2023. It chron­i­cled 73 con­firmed botched pro­ce­dures and found that 8% of exe­cu­tions of Black peo­ple were botched (37 times out of 465 exe­cu­tions), com­pared with 4% for white peo­ple (28 out of…

On April 16, 2024, the Louisiana Senate Judiciary B Committee unan­i­mous­ly vot­ed to advance a bill that would remove nitro­gen hypox­ia from the state’s avail­able meth­ods of exe­cu­tion. Introduced by state Senator Katrina Jackson-Andrews, Senate Bill 430 is sup­port­ed by the Jews Against Gassing Coalition, an orga­ni­za­tion con­sist­ing of Jewish Louisiana res­i­dents who oppose state-sanc­tioned gas exe­cu­tions. ​“We rec­og­nize, of course, that the gassing of inno­cent vic­tims in the Holocaust is quite…

On April 16, 2024, the Biden Administration pro­vid­ed assur­ances to the United Kingdom that WikiLeaks founder Julian Assange, who is fac­ing extra­di­tion to the United States on espi­onage charges, would not face the death penal­ty. A hear­ing is now sched­uled in London on May 20 to eval­u­ate the assur­ances and decide whether Mr. Assange has any remain­ing legal recourse. A few weeks ear­li­er, the High Court in London grant­ed Mr. Assange a reprieve from extra­di­tion, agree­ing to grant him an appeal if…

On Monday, April 15, Justices Ketanji Brown Jackson and Sonia Sotomayor issued dis­sents over the Supreme Court’s refusal to hear the peti­tions of two death-sen­tenced pris­on­ers who alleged offi­cial mis­con­duct in their cas­es. In the first case, Dillion Compton alleged that Texas pros­e­cu­tors ille­gal­ly used thir­teen of their fif­teen peremp­to­ry strikes to remove female prospec­tive jurors because of their gen­der. In the sec­ond case, Kurt Michaels argued that California police officers unlawfully…

On April 12, 2024, Judge Arturo Nelson signed an Agreed Findings of Fact and Conclusions of Law sub­mit­ted by the pros­e­cu­tion and defense stat­ing that Melissa Lucio (pic­tured) was not giv­en access to favor­able infor­ma­tion in the prosecution’s pos­ses­sion at the time of tri­al. The acknowl­edge­ment of this con­sti­tu­tion­al error result­ed in Judge Nelson’s rec­om­men­da­tion to the Texas Court of Criminal Appeals (TCCA) that Ms. Lucio’s con­vic­tion and death sen­tence be over­turned. The rul­ing marks the…

On April 12, 2024, Long Island University cel­e­brat­ed the 2023 George Polk Awards in Journalism, hon­or­ing inves­tiga­tive jour­nal­ists and rec­og­niz­ing six­teen for­mer win­ners, includ­ing for­mer­ly death-sen­tenced pris­on­er Wilbert Rideau. Mr. Rideau spent forty-four years incar­cer­at­ed in Louisiana’s Angola State Penitentiary where he cre­at­ed The Lifer, one of the first Black prison peri­od­i­cals. Sentenced to death in 1961 at age nine­teen, Mr. Rideau spent twelve years on death row before the…

During the April 7, 2024, episode of ​“Last Week Tonight,” host John Oliver focused on ​“grim devel­op­ments” in the death penal­ty since his last seg­ment cov­er­ing lethal injec­tion in 2019. Since then, 91 peo­ple have been exe­cut­ed, includ­ing 13 fed­er­al pris­on­ers dur­ing for­mer President Donald Trump’s admin­is­tra­tion. ​“Our fed­er­al and state gov­ern­ments have con­tin­ued to pur­sue ques­tion­ably legal and def­i­nite­ly hor­ri­fy­ing ways, that, again, I would argue they shouldn’t be doing at all,” Mr. Oliver…

On April 5, 2024, Cameron County District Attorney Luis Saenz and Innocence Project attor­ney Vanessa Potkin released a joint state­ment regard­ing Melissa Lucio’s case, which has been pend­ing addi­tion­al review for almost two years. On January 11, 2023, the par­ties sub­mit­ted an Agreed Findings of Fact and Conclusions of Law stat­ing that the defense was not giv­en access to favor­able infor­ma­tion in the prosecution’s pos­ses­sion at tri­al, an error that they agree should enti­tle Ms. Lucio to a new…

On April 9, 2024, the California Office of the State Public Defender, along with sev­er­al civ­il rights groups, filed an extra­or­di­nary writ peti­tion at the California Supreme Court argu­ing that the state’s cap­i­tal pun­ish­ment sys­tem vio­lates the state’s Constitution because of its racial­ly biased imple­men­ta­tion. In 2021, the California Committee on Revision of the Penal Code con­firmed that racial bias is entrenched in the state’s death penal­ty sys­tem. ​“The California Constitution does not permit…