Publications & Testimony

By a vote of 23 – 17, the Virginia State Senate has approved a bill that, if enact­ed, would ban cap­i­tal pun­ish­ment for defen­dants with severe men­tal ill­ness. With the sup­port of all nine­teen Democratic sen­a­tors and four Republicans, the bill passed the GOP-con­trolled Senate on January 17, 2019. It now moves on to the Commonwealth’s House of Delegates, which is com­prised of 51 Republicans…

A Georgia judge has grant­ed a new tri­al to Johnny Lee Gates (pic­tured recent­ly, right, and at the time of tri­al, left) based on new evi­dence that excludes him as the source of DNA on imple­ments used by the killer dur­ing the 1976 rape and mur­der for which Gates was sen­tenced to death. DNA test­ing dis­closed that Gates’s DNA was not found on a neck­tie and the bathrobe belt the pros­e­cu­tion said were used by the killer to bind Kathrina Wright, the…

Retiring Texas Court of Criminal Appeals judge and for­mer pros­e­cu­tor Elsa Alcala now believes that the death penal­ty is unre­li­ably and dis­crim­i­na­to­ri­ly applied in the nation’s most aggres­sive cap­i­tal pun­ish­ment state. In a new Houston Chronicle​“Behind the Walls” pod­cast, Judge Alcala – who calls her­self​“a Republican hang­ing on by a thread” – told reporter Keri Blakinger,​“I think we know enough…

Executions have soared in Saudi Arabia amid widen­ing pur­suit of polit­i­cal­ly moti­vat­ed death sen­tences, mass death penal­ty tri­als, and use of the death penal­ty against female activists, accord­ing to a European-based Saudi human rights orga­ni­za­tion. In its 2018 Death Penalty Report: Saudi Arabia’s False Promise, issued January 16, 2019, the European Saudi Organization for Human Rights (ESOHR) said Saudi Arabia con­duct­ed at least 149…

The U.S. Supreme Court has reversed a Kentucky state court rul­ing that would have per­mit­ted the Commonwealth to exe­cute death-row pris­on­er Larry Lamont White (pic­tured) with­out an evi­den­tiary hear­ing on his claim that he is intel­lec­tu­al­ly dis­abled. In a one-para­­graph order issued on January 15, 2019, the Court grant­ed White’s peti­tion for review, vacat­ed the Kentucky Supreme Court​’s denial of his death-penalty appeal,…

On January 11, 2019, the Florida Clemency Board unan­i­mous­ly grant­ed posthu­mous par­dons to the​“Groveland Four,” four young African-American men false­ly accused of rap­ing a young white woman in Lake County, Florida in 1949. During the racist hys­te­ria fol­low­ing the accu­sa­tion, white mobs burned down black res­i­dences, a mas­sive white posse lynched a black sus­pect, all-white juries con­demned two innocent men…

[UPDATE: The Texas Court of Criminal Appeals issued a stay of exe­cu­tion to Blaine Milam on January 14, 2019] As Texas pre­pares to exe­cute Blaine Milam (pic­tured) on January 15, 2019, Milam’s lawyers say his con­vic­tion and sen­tence rest on dis­cred­it­ed bite-mark tes­ti­mo­ny and have asked for the execution…

The already chaot­ic Guantánamo death-penal­­ty tri­al of Abd al Rahim al Nashiri, accused of orches­trat­ing the October 2000 attack on the U.S. Navy destroy­er USS Cole, hit anoth­er snag as the most recent judge assigned to pre­side over the con­tro­ver­sial pro­ceed­ings will be leav­ing the mil­i­tary and quit­ting the case. In a January 4, 2019 appel­late plead­ing recent­ly obtained by the McClatchy News Service, prosecutors advised…

Over a sharp dis­sent by three jus­tices, the United States Supreme Court has let stand the death sen­tence imposed on a Georgia pris­on­er who was suf­fer­ing from demen­tia, brain dam­age, and bor­der­line intel­lec­tu­al func­tion­ing, but whose tri­al lawyer failed to present any mit­i­gat­ing evi­dence. On January 7, 2019, the Supreme Court denied the peti­tion for writ of cer­tio­rari filed on behalf of death-row pris­on­er Donnie Cleveland…

The U.S. Supreme Court has ordered the Virginia Supreme Court to address a claim brought by for­mer death-row pris­on­er Justin Wolfe (pic­tured) that pros­e­cu­tors had engaged in uncon­sti­tu­tion­al vin­dic­tive pros­e­cu­tion against him after fed­er­al courts had found that his con­vic­tion and death sen­tence had been obtained through egre­gious pros­e­cu­to­r­i­al mis­con­duct. The Virginia Supreme Court had ruled that Wolfe’s guilty…