Publications & Testimony

A federal judge in Pennsylvania overturned the conviction of a death row inmate, stating he was “sentenced to die for a crime in all probability he did not commit.” U.S. District Court Judge Anita Brody found errors in all facets of the case, noting that “Improper police work characterized nearly the entirety of the investigation.” She described the prosecution as “a grave miscarriage of justice,” and criticized the defense for failing to adequately investigate the evidence. The presentation of…

A number of prominent groups have filed supportive briefs with the North Carolina Supreme Court asking that the practice of racial bias in selecting jurors for death penalty cases be ended. Former senior military officials, families of murder victims, and potential jurors denied the opportunity to serve because of their race were among those arguing that a ruling under the state’s Racial Justice Act be upheld. In 2012, Judge Gregory Weeks held that Marcus Robinson’s (pictured) trial was tainted…

The mothers of two teenagers who were killed in California are pleading with the District Attorney to refrain from seeking the death penalty against the man accused of the crimes. Leah Sherzer said her daughter Bodhi (pictured) was an adherent of the teachings of Gandhi, who advocated non-violence. She said “Bodhi believed that the death penalty was wrong and that she would not want her case to be tried as a death penalty case.” Pam Thompson, the mother of the other teenager killed at the same…

A new book by Lori St John, The Corruption of Innocence: A Journey to Justice, recounts the author’s quest to save the life of Joseph O’Dell because of her strong belief in his innocence. St John describes the resistance she experienced in trying to have crime-related items tested for DNA evidence, and the international support that O’Dell attracted while on death row. O’Dell was executed in Virginia in 1997. Among those who had expressed doubts about O’Dell’s guilt were three Justices of the…

Many states are seeking alternative ways to carry out executions by lethal injection. Missouri announced it intends to use the anesthetic propofol, though no other state has used this drug and the drug’s manufacturer has strongly objected to such use. Officials in Texas and Ohio announced they will be changing their execution protocols in the near future because their current execution drug (pentobarbital) is expiring and is no longer available for this use. In June, officials in California…

Vicki Werneke is a federal public defender who represented Billy Slagle on Ohio’s death row. She recently wrote about her frenzied work during the last weekend before Slagle’s death on August 4. She noted that he was only 18 and highly intoxicated at the time of his crime. He had been remorseful ever since, trying to do some good with his life while on death row. Even the District Attorney of the county that prosecuted him supported a reprieve, making this a strong case for clemency. On the…

According to some experts, the process of repeatedly submitting a person to imminent execution is a form of psychological torture that should be banned. The Center for Constitutional Rights has said that “the intense strain of repeatedly coming within hours or days of execution” is torture. Citing the case of Troy Davis, who was executed in Georgia in 2011 after repeated execution dates and stays, the Center remarked, “Is there any significant difference between mock executions, long…

The Federal Bureau of Investigation recently released the preliminary findings of its annual Uniform Crime Report for 2012. The final report will likely be published in October, but the initial statistics indicate the number of murders in the U.S. increased slightly by 1.5% from 2011. Three regions of the country showed an increase in murders, while one region declined. Murders in the Northeast decreased by 4.4%. The number of murders increased by 3.3% in the Midwest, 2.5% in the South, and…

In his new book, A Wild Justice, Evan J. Mandery (pictured) explores the political complexities and personalities that led to the Supreme Court’s decisions in Furman v. Georgia — striking down the death penalty in 1972 — and Gregg v. Georgia — allowing it to resume in 1976. He describes in great detail the work of the NAACP Legal Defense Fund and the gifted attorneys, such as Anthony Amsterdam, who led the way through this groundbreaking period. Mandery summarizes the struggles this way: “The death…

The Texas Forensic Science Commission announced it will study prior criminal convictions to determine whether mistakes were made using discredited forensic testimony. The Commission will employ DNA testing to review cases in which microscopic hair fibers were used to convict people of rape, murder, robbery, and other crimes. It has recently been established that it is impossible to match a hair under a microscope to a specific person. Forensic experts can make an “association” between a sample…