Publications & Testimony

In Part Two of its inves­ti­ga­tion into the fed­er­al review of state death penal­ty cas­es, Death by Deadline, The Marshall Project found that in almost every case where lawyers missed crti­ical fil­ing dead­lines for fed­er­al appeals, the only per­son sanc­tioned was the death row pris­on­er. Often the inmate’s entire fed­er­al review was for­feit­ed. The report high­light­ed the dis­par­i­ty between the 17 fed­er­al judi­cial dis­tricts where gov­ern­ment-fund­ed attorneys…

An inves­ti­ga­tion by The Marshall Project showed that since Congress put strict time restric­tions on fed­er­al appeals in 1996, lawyers for death row inmates missed the dead­line at least 80 times, includ­ing 16 in which the pris­on­ers have since been exe­cut­ed. The most recent of such cas­es occurred on Nov. 13, when Chadwick Banks was put to death in Florida with no review in fed­er­al court. This final part of a death penal­ty appeal, also called habeas…

Three cap­i­tal cas­es in one coun­ty have already cost Washington almost $10 mil­lion, and have bare­ly begun. For the tri­al of Christopher Monfort, King County has already spent over $4 mil­lion, and it is still in the jury selec­tion phase. Two oth­er cap­i­tal cas­es in the coun­ty have cost a com­bined $4.9 mil­lion, and the tri­als have not start­ed. The cap­i­tal case of ser­i­al killer Gary Ridgway, which is believed to be the most expen­sive case in Washington’s his­to­ry, cost about $12…

In a recent inter­view, Judge Michael A. Ponsor, who presided over the first fed­er­al death penal­ty tri­al in Massachusetts in over 50 years, warned that the death penal­ty comes with a ​“heavy price” — the risk of exe­cut­ing inno­cent peo­ple: ​“A legal regime per­mit­ting cap­i­tal pun­ish­ment comes with a fair­ly heavy price.…where there’s a death penal­ty inno­cent peo­ple will die. Sooner or lat­er — we hope not too often — some­one who didn’t com­mit the crime will be…

(Click to enlarge). On November 12, the American Psychiatric Association, Mental Health America, 30 for­mer judges, pros­e­cu­tors, and Attorneys General, 50 evan­gel­i­cal faith lead­ers, and the American Bar Association joined many oth­ers in call­ing on Texas Governor Rick Perry to com­mute the sen­tence of death row inmate Scott Panetti because of his severe men­tal ill­ness. Despite his long his­to­ry of hos­pi­tal­iza­tion in men­tal insti­tu­tions, Panetti is…

The U.S. mil­i­tary has its own laws and court sys­tem sep­a­rate from those of the states and the fed­er­al gov­ern­ment. Although the mil­i­tary jus­tice sys­tem allows the death penal­ty, no exe­cu­tions have been car­ried out in over 50 years. The last exe­cu­tion was the hang­ing on April 13, 1961 of U.S. Army Private John Bennett for rape and attempt­ed mur­der. The mil­i­tary death penal­ty law was struck down in 1983 but was rein­stat­ed in 1984 with new rules detail­ing the aggra­vat­ing cir­cum­stances that make a…

On November 6, Maryland Attorney General Doug Gansler (pic­tured) filed a brief with an appel­late court, for­mal­ly request­ing that the death sen­tence of Jody Lee Miles be vacat­ed. Gansler argued that Miles’s death sen­tence is no longer valid. Miles was con­vict­ed and sen­tenced to death in 1998. In 2006, Maryland’s Court of Appeals sus­pend­ed exe­cu­tions because the state’s lethal injec­tion pro­ce­dures had not been law­ful­ly imple­ment­ed. In 2013, the state repealed…

The Texas Court of Criminal Appeals, the state’s high­est crim­i­nal court, vacat­ed the con­vic­tion and death sen­tence of Alfred Brown, who has been on death row for mur­der since 2005. Brown has main­tained his inno­cence and has said that a land­line phone call he made from his girl­friend’s apart­ment the morn­ing of the mur­der would prove it. At his tri­al, Brown’s attor­neys pre­sent­ed no evi­dence of his ali­bi, and his girl­friend changed her tes­ti­mo­ny after she was…

(Click left image to enlarge). A new study by researchers at Cornell University exam­ined the effects of Delaware​’s deci­sion to trans­fer cap­i­tal sen­tenc­ing author­i­ty from the jury to the judge at tri­al. The study used data from cap­i­tal cas­es between 1977 and 2007, dur­ing which time Delaware made the shift to judge sen­tenc­ing – one of very few states to employ that pro­ce­dure. According to the study, ​“Judges were sig­nif­i­cant­ly more like­ly to give a…