Publications & Testimony

State-court factfind­ing by judges in Harris County, Texas death-penal­ty cas­es is ​“a sham” that ​“rub­ber­stamps” the views of coun­ty pros­e­cu­tors, accord­ing to a study of the coun­ty’s cap­i­tal post-con­vic­tion pro­ceed­ings pub­lished in the May 2018 issue of the Houston Law Review. In The Problem of Rubber Stamping in State Capital Habeas Proceedings: A Harris County Case Study, researchers from the University of Texas School of Law Capital…

More than twen­ty years after being con­vict­ed and sen­tenced to death for a mur­der he has long said he did not com­mit, Corey Williams (pic­tured, cen­ter, with his defense team) walked free from prison in Louisiana on May 22, 2018. The deal was bit­ter­sweet for Williams, for despite the evi­dence of inno­cence, he had to agree to plead guilty to less­er charges of manslaugh­ter and obstruc­tion of jus­tice to obtain his…

In March 2017, the U.S. Supreme Court ruled that the Texas Court of Criminal Appeals had employed an unsci­en­tif­ic and uncon­sti­tu­tion­al­ly harsh stan­dard in reject­ing Bobby James Moore​’s claim that he is inel­i­gi­ble for the death penal­ty because of intel­lec­tu­al dis­abil­i­ty. Despite a sub­se­quent con­ces­sion by Harris County pros­e­cu­tors in November 2017 that Moore (pic­tured) qual­i­fies as intel­lec­tu­al­ly dis­abled under all accepted…

Citing exten­sive evi­dence that California death-row pris­on­er Kevin Cooper (pic­tured) may have been framed, New York Times Pulitzer Prize-win­ning colum­nist Nicholas Kristof has urged Governor Jerry Brown to per­mit advanced DNA test­ing of evi­dence that could poten­tial­ly prove Cooper’s inno­cence. In a col­umn elec­tron­i­cal­ly post­ed by the Times on May 17, 2018 and sched­uled to appear in the paper’s May 20 Sunday print edition,…

Texas exe­cut­ed Juan Castillo (pic­tured) on May 16, 2018, after its state courts stayed his exe­cu­tion to address whether his con­vic­tion and death sen­tence for a botched rob­bery and mur­der had been a prod­uct of false tes­ti­mo­ny, but then denied him an evi­den­tiary hear­ing nec­es­sary to prove that…

State and fed­er­al pros­e­cu­tors have agreed to with­draw the death penal­ty in exchange for guilty pleas by defen­dants charged with mul­ti­ple killings in two unre­lat­ed high-pro­file mur­der cas­es. On May 4, Lake County, Indiana pros­e­cu­tors dropped the death penal­ty against Darren Vann (pic­tured, left), who had killed sev­en women. On May 1, fed­er­al pros­e­cu­tors announced they would not pur­sue the death penal­ty against Esteban Santiago…

llli­nois Governor Bruce Rauner has con­di­tion­al­ly vetoed a gun-con­trol ini­tia­tive unless the leg­is­la­ture agrees to rein­state cap­i­tal pun­ish­ment in the state. Exercising an amenda­to­ry veto — a pow­er some gov­er­nors are grant­ed that per­mits them to amend leg­is­la­tion in lieu of an out­right veto — Rauner called for mak­ing the killing of a police offi­cer or any mur­der in which more than one per­son was killed a new crime of ​“death penal­ty mur­der.” In a May 14, 2018 news con­fer­ence at the…

The United States Supreme Court has grant­ed a new tri­al to Louisiana death-row pris­on­er Robert McCoy (pic­tured), whose lawyer admit­ted his guilt despite McCoy’s ​“ada­ment” and ​“vocif­er­ous” insis­tence that he was inno­cent. Facing what coun­sel believed was over­whelm­ing evi­dence of guilt and hop­ing to per­suade the jury to spare McCoy’s life, defense lawyer Larry English told jurors his client had ​“com­mit­ted three mur­ders.… [H]e’s guilty.” In…

As sup­port for the death penal­ty has declined in America, the process of ​“death-qual­i­fi­ca­tion” — which screens poten­tial jurors in death-penal­ty cas­es based upon their views about cap­i­tal pun­ish­ment — pro­duces increas­ing­ly unrep­re­sen­ta­tive juries from which African Americans are dis­pro­por­tion­ate­ly exclud­ed and, accord­ing to a new study by researchers at the University of California, increas­ing­ly bias­es juries in favor of con­vic­tion and death…

Voters in North Carolina added their voic­es to an expand­ing move­ment for local crim­i­nal jus­tice reform, oust­ing sher­iffs who close­ly coop­er­at­ed with fed­er­al author­i­ties seek­ing to detain and deport immi­grants and nom­i­nat­ing reform can­di­dates in local dis­trict attorney…