Publications & Testimony

Overriding a veto by Governor Chris Sununu, the New Hampshire legislature has repealed the state’s death-penalty statute. With a 16 – 8 supermajority, the May 30, 2019 vote of the New Hampshire Senate equaled the two-thirds required to override a gubernatorial veto. One week earlier, the state House had voted to override with a 247 – 123 supermajority. The override vote made New Hampshire the 21^st state to abolish capital punishment and the ninth to do so in the last 15 years. Half of all U.S.

Harold Wilson, exonerated in 2005 sixteen years after his wrongful conviction and death sentence for a triple murder in a Philadelphia crack house, has died. He had recently suffered a series of strokes that were further complicated by pneumonia. His risk of stroke and the complications that followed had been worsened by the Posttraumatic Stress Disorder he developed as a result of the 17 years he faced the death penalty, most spent in solitary confinement on death row. He died on May 18, 2019.

An amended bill to narrow the circumstances in which the death penalty may be imposed in Oregon has easily passed the state senate. On May 21, 2019, by a vote of 18 – 9, the Oregon Senate passed SB 1013, which would limit the state’s use of capital punishment to three aggravating circumstances and eliminate speculation about a defendant’s future dangerousness from a jury’s capital sentencing deliberations. The bill would allow prosecutors to pursue the death penalty for only three crimes: acts of…

A North Carolina man wrongly convicted and sentenced to death based upon false forensic testimony and an eyewitness identification manipulated by police misconduct has been freed from prison after 43 years. On May 23, 2019, federal district court judge Terrence Boyle ordered North Carolina to release former death-row prisoner Charles Ray Finch (pictured with his members of his legal team) from custody, five months after a unanimous panel of the U.S. Court of Appeals for the Fourth Circuit found…

Florida has executed Bobby Joe Long (pictured), a mentally ill Vietnam veteran with service-related traumatic brain injuries, after the U.S. Supreme Court on May 23, 2019 declined to review his case. Long had asked the Court to halt his execution to address “[w]hether an individual who suffers from severe mental illness is exempt from execution under the Eighth Amendment. In 1980, Long received a diagnosis of “Traumatic Brain Disease” from the Veterans Administration as a result of injuries…

Two foreign nationals who were sentenced to death in unrelated cases will receive new trials after the U.S. Supreme Court declined to hear appeals of lower court rulings overturning their convictions. Jose Echavarria (pictured, left), a Nevada prisoner originally from Cuba, and Ahmad Issa (pictured, right), an Ohio prisoner originally from Jordan, each were awarded new trials by federal appellate court decisions in 2018. The states petitioned the Supreme Court seeking review of the cases, but…

The U.S. Supreme Court has declined to review a case in which the Texas courts decided a death-row prisoner’s appeal by adopting the prosecution’s fact findings and legal arguments word-for-word without providing the defendant’s lawyer any opportunity to respond. In a May 20, 2019 ruling, the Court without comment denied the petition for writ of certiorari filed by Ray Freeney (pictured), thereby permitting the Harris County prisoner’s conviction and death sentence to stand. The decision was…

Alabama Governor Kay Ivey has drawn criticism for denying clemency and presiding over the execution of Michael Samra (pictured) on May 16, 2019, one day after issuing a statement calling Alabama a pro-life state and declaring life “precious” and “sacred.” On May 15, Ivey signed into law a bill that criminalizes abortion, saying that the new law “stands as a powerful testament to Alabamians’ deeply held belief that every life is precious and that every life is a sacred gift from God.” After…

In the latest episode of the Discussions with DPIC podcast, Emmy- and Oscar-winner Edward Zwick speaks about his new movie, Trial By Fire. The film, which Zwick co-produced and directed, tells the story of Cameron Todd Willingham, who was convicted and sentenced to death in 1992 for the deaths of his three children in a house fire that prosecutors wrongly claimed had been intentionally set. As Willingham’s execution approached in 2004, evidence came to light that arson investigators had relied…

The U.S. Department of Justice (DOJ) has issued an advisory memorandum declaring that the Food and Drug Administration (FDA) “lacks jurisdiction” to regulate execution drugs, including enforcing federal laws that prohibit the import of such drugs from abroad. The memorandum, authored by Assistant Attorney General Steven A. Engel (pictured) for the Department’s Office of Legal Counsel, places the administration squarely in conflict with a 2012 federal district court order requiring the FDA to…