Publications & Testimony

On October 6, Montana District Court Judge Jeffrey Sherlock (pictured) held that the state’s proposed lethal injection protocol violated state law, which requires that an “ultra fast-acting barbiturate” be used in executions. Judge Sherlock said the proposed barbiturate, pentobarbital, does not qualify as such a drug. The ruling stated, “The State of Montana is hereby enjoined from using the drug pentobarbital in its lethal injection protocol unless and until the statute authorizing lethal…

Eight death-row prisoners whom Arkansas has scheduled to be executed in the next four months have asked a judge to issue a preliminary injunction that would put their executions on hold. They argue that the state’s execution procedures are unconstitutional for multiple reasons and that Arkansas’ secrecy law violates a previous settlement agreement between death row inmates and the state. Arkansas, which has not carried out an execution since November 2005, has scheduled eight executions for…

The U.S. Supreme Court has agreed to hear Williams v. Pennsylvania, a case challenging former Pennsylvania Supreme Court Chief Justice Ronald Castille’s participation in an appeal of a case that had been tried in Philadelphia while Castille was the city’s district attorney. Terrance Williams (pictured) was convicted and sentenced to death in Philadelphia in 1984 for the murder of a man prosecutors had described to the jury as “a kind man [who had] offered [Williams] a ride home.” Williams was…

On October 2, Missouri Governor Jay Nixon commuted the death sentence of Kimber Edwards to life without parole. Edwards had faced execution on October 6 for the alleged murder-for-hire killing of his ex-wife. Prosecutors said Edwards had hired Orthell Wilson to kill his ex-wife to prevent her from testifying in a child-support hearing. Wilson pled guilty and was sentenced to life without parole. He subsequently recanted his story, saying that he had acted alone and had lied about being hired…

On October 1, Virginia executed Alfredo Prieto (pictured) before the U.S. Supreme Court had decided whether to grant a stay on his challenge to Virginia’s use of an execution drug obtained from Texas Department of Criminal Justice. Robert Lee, Prieto’s attorney, said, “The Justices of the Supreme Court of the United States were considering Mr. Prieto’s request for a stay of execution but the Virginia Department of Corrections went ahead with the execution without waiting for a decision from the…

Former Speaker of the U.S. House of Representatives Newt Gingrich said he is “more open” to the abolition of the death penalty after hearing Pope Francis’ address to Congress. Gingrich, who converted to Catholicism several years ago, said he was “very impressed” with Pope Francis’ comments. In an appearance on HuffPost Live, Gingrich highlighted the work he has done on criminal justice reform, saying, “I very deeply believe we need to profoundly rethink what we’ve done over the past 25 years in…

An unusually high number of executions are scheduled for late September and early October — five states intend to carry out six executions in nine days. Pieces in the Los Angeles Times and the Washington Post describe the larger issues raised by the cases in this “burst of lethal activity.” In the Los Angeles Times, Scott Martelle examined the three executions scheduled for consecutive days in Georgia, Oklahoma, and Virginia, concluding, “So here we have three pending executions: One of a woman…

Virginia may execute Alfredo Prieto on October 1 despite concerns by disability advocates that he may be intellectually disabled. Governor Terry McAuliffe (pictured) announced on September 28 that he would not grant Prieto a reprieve. Gov. McAuliffe issued a statement saying “It is the Governor’s responsibility to ensure that the laws of the Commonwealth are properly carried out unless circumstances merit a stay or commutation of the sentence. After extensive review and deliberation, I have…

Defense lawyers have filed a motion in the case of Richard Glossip (pictured) alleging that two witnesses who have come forward with evidence of Glossip’s innocence have been intimidated by prosecutors. Glossip was sentenced to death for the murder of Barry Van Treese, based upon the testimony of the actual killer, Justin Sneed, who was spared the death penalty in exhange for testifying that Glossip had offered him thousands of dollars to kill Van Treese. On September 23, Glossip’s attorneys…

Former Georgia Supreme Court Chief Justice Norman Fletcher and former State Corrections Deputy Director Vanessa O’Donnell have joined the effort to spare Kelly Gissendaner, who is scheduled to be executed in Georgia on September 29 for recruiting Gregory Owen, with whom she was romantically involved, to murder her husband. Owen made a deal with prosecutors for a life sentence and will be eligible for parole in 8 years. Justice Fletcher wrote a letter to the Georgia Board of Pardons and Paroles…