Publications & Testimony

Rob Warden, who is step­ping down as the exec­u­tive direc­tor of the Center on Wrongful Convictions, recent­ly spoke about the work of find­ing and free­ing inno­cent defen­dants. Warden helped exon­er­ate almost 60 peo­ple, includ­ing many who had been sen­tenced to death. He not­ed that some of the suc­cess of the Center was the result of tim­ing: ​“Part of it was the for­tu­itous advent of DNA foren­sic tech­nol­o­gy, which sud­den­ly showed that many peo­ple had been wrongfully…

In a recent op-ed, the co-author of a key study on the via­bil­i­ty of California’s death penal­ty ana­lyzed the recent dra­mat­ic shift in pub­lic opin­ion on cap­i­tal pun­ish­ment in the state. According to Paula Mitchell, adjunct pro­fes­sor at Loyola of Los Angeles Law School, decades of polling showed about two-thirds of Californians sup­port­ed the death penal­ty, but the 2012 ref­er­en­dum to repeal the law lost by just 4 per­cent­age points (52%-48%).

The lat­est edi­tion of the NAACP Legal Defense Fund’s Death Row, USA shows a con­tin­u­a­tion of the down­ward trend in the over­all death row pop­u­la­tion, though California (731 inmates) – the state with the largest death row – record­ed an increase. The next lead­ing states were Florida (412), Texas (298), Pennsylvania (198), and Alabama (197), all of which reg­is­tered decreas­es on death row.

On September 11, the Texas Court of Criminal Appeals held (5 – 4) that a tri­al court ille­gal­ly ordered the forcible med­ica­tion of a men­tal­ly ill death row inmate for the pur­pose of ren­der­ing him com­pe­tent to be exe­cut­ed. The case involves Steven Staley, whose men­tal health began to dete­ri­o­rate when he entered death row in 1991. He received an exe­cu­tion date in 2006, but was deemed too ill to be exe­cut­ed. A court ordered that his para­noid schiz­o­phre­nia be…

Steve Monks is a ​“staunch con­ser­v­a­tive” and for­mer Chair of the Durham County, North Carolina, Republican Party. In an op-ed in the News & Observer, he recent­ly argued that the state would save mon­ey and make soci­ety safer by replac­ing the death penal­ty with life with­out parole. He not­ed that the homi­cide rate in the state dropped 3.8% from 2011 to 2012, a time when no one was exe­cut­ed and no one even sen­tenced to death. In…

UPDATE: Avila’s exe­cu­tion date has been stayed. Attorneys for Rigoberto Avila have request­ed an evi­den­tiary hear­ing under a new law passed in Texas that allows defen­dants to chal­lenge their con­vic­tions if they were gained through out­dat­ed foren­sic tech­niques. His case will be the first death penal­ty case in the state to be con­sid­ered by the courts under this new leg­is­la­tion. Avila, a Navy vet­ern, was con­vict­ed of mur­der in El Paso in 2001 for…

A recent arti­cle in the ABA Journal drew atten­tion to prob­lems in crime labs across the coun­try that have result­ed in wrong­ful con­vic­tions, includ­ing some in death penal­ty cas­es. Investigations in many states and of the nation­al FBI lab revealed a lack of writ­ten pro­ce­dures, improp­er mix­ing of sam­ples from dif­fer­ent cas­es, improp­er tes­ti­mo­ny, and even fal­si­fi­ca­tion of test results. An Oklahoma City chemist who tes­ti­fied in 23 death penal­ty cas­es was…

The for­tu­itous inves­ti­ga­tion of a case by per­sis­tent jour­nal­ists, rather than the work­ings of the lim­it­ed appel­late process, has led to the exon­er­a­tion of a num­ber of inno­cent indi­vid­u­als. Maurice Possley (l.), a for­mer reporter for the Chicago Tribune, recent­ly wrote how he and fel­low-jour­nal­ist Steve Mills (r.) helped free Daniel Taylor (c.) in Illinois, where he had spent more than 20 years in prison. In 2001, the reporters…

On September 5, the American Bar Association’s Death Penalty Due Process Review Project released its lat­est report, focus­ing on the fair­ness and accu­ra­cy of Virginia​’s death penal­ty sys­tem. The assess­ment rec­om­mend­ed changes to the way the state han­dles defen­dants with men­tal retar­da­tion and severe men­tal ill­ness. It also rec­om­mend­ed requir­ing pros­e­cu­tors to dis­close addi­tion­al infor­ma­tion about tes­ti­fy­ing wit­ness­es and allow­ing pros­e­cu­tors to with­draw the…

A new study of the cost of the death penal­ty in Colorado revealed that cap­i­tal pro­ceed­ings require six times more days in court and take much longer to resolve than life-with­out-parole (LWOP) cas­es. The study, pub­lished in the University of Denver Criminal Law Review, found that LWOP cas­es required an aver­age of 24.5 days of in-court time, while the death-penal­ty cas­es required 147.6 days. The authors not­ed that select­ing a jury in an LWOP case takes about a…