Publications & Testimony

A short­age of qual­i­fied crim­i­nal defense lawyers in California has caused major delays in the state’s cap­i­tal pun­ish­ment sys­tem. Nearly half of those sen­tenced to death in California are wait­ing for the state to appoint them a post-con­vic­tion attor­ney. Death row inmates wait an aver­age of 10 – 12 years. The long delay is attrib­uted to the lack of expe­ri­enced lawyers to take on this part of the appeals process. The California Supreme Court requires that lawyers…

A recent op-ed in the Wall Street Journal by Barry Scheck, co-direc­tor of the Innocence Project, high­lighs flaws in Texas’s death penal­ty sys­tem that led to the exe­cu­tion of Claude Jones (pic­tured). Then-gov­er­nor George Bush reject­ed Jones’s appli­ca­tion for a reprieve. Bush was not informed that the reprieve would allow time for DNA tests to be per­formed on a strand of hair that was found at the crime scene. This hair had been…

In an arti­cle enti­tled ​“Solitary Men” in The Texas Observer, Dave Mann describes the con­di­tions for inmates on Texas​’s death row. Inmates in the Polunsky Unit near Livingston, Texas, spend almost their entire time alone in a 60-square-foot cell. He writes, ​“The cells have a small win­dow at one end. The steel door has a nar­row win­dow and, at the bot­tom, a slit through which guards slide trays of food.…Little pen­e­trates these cement boxes except…

An op-ed by Bob Herbert of the New York Times high­lights issues raised by for­mer Supreme Court Justice John Paul Stevens that changed his mind on the death penal­ty in the U.S. Herbert cites infor­ma­tion col­lect­ed by the Death Penalty Information Center and points to shod­dy defense and state mis­con­duct in the delib­er­ate with­hold­ing of evi­dence as promi­nent abus­es in the sys­tem. ​“Executions have been upheld in cas­es in which defense…

On Nov.19, a Davidson County judge ruled that Tennessee​’s lethal injec­tion pro­ce­dure was uncon­sti­tu­tion­al, pos­si­bly delay­ing the exe­cu­tion of Stephen Michael West and oth­ers on death row. Chancellor Claudia Bonnyman, who issued the rul­ing, said that the state’s lethal injec­tion pro­ce­dure ​“allows for death by suf­fo­ca­tion while con­scious,” because it did not spec­i­fy a suf­fi­cient dosage for sodi­um thiopen­tal, the first of three drugs used in lethal injec­tions. In Baze v.

Gerald Kogan, a for­mer Florida Supreme Court Justice, and Mark White, for­mer gov­er­nor of Texas (pic­tured), recent­ly urged the U.S. Supreme Court to con­sid­er the death penal­ty appeal of Boyd v. Allen because of inad­e­quate defense rep­re­sen­ta­tion. According to the authors of an op-ed appear­ing in the National Law Journal, William Boyd’s defense lawyers in Alabama were bare­ly paid and did very lit­tle to try to save his life.