Publications & Testimony

May…

The state of North Carolina dropped all charges against Levon Jones, and he was freed today (May 2) after spend­ing 13 years on death row. U.S. District Court Judge Terrence Boyle over­turned Jones’s con­vic­tion two years ago, but he was held in prison await­ing a pos­si­ble retri­al until pros­e­cu­tors announced that they were dis­miss­ing all charges. Judge Boyle crit­i­cized Jones’s defense attor­neys for​“con­sti­tu­tion­al­ly defi­cient” per­for­mance, noting their…

According to a recent study by Prof. David Sloss of the St. Louis University School of Law, and oth­ers, only a small per­cent­age of eli­gi­ble mur­der cas­es in Missouri are pros­e­cut­ed as death penal­ty cas­es, and even few­er result in a death sen­tence. Only 2.5 per­cent of defen­dants pros­e­cut­ed for inten­tion­al homi­cide are sen­tenced to death. In anoth­er 2.5 per­cent of cas­es, juries reject the death penal­ty. Ninety-five per­cent of inten­tion­al homi­cide cases are…

The state of New Mexico agreed to drop its pur­suit of the death penal­ty against two defen­dants because the state leg­is­la­ture did not pro­vide the mon­ey nec­es­sary for ade­quate rep­re­sen­ta­tion of the defen­dants, who were accused of killing a prison guard. The tri­al of Reis Lopez and Robert Young will pro­ceed as a non-cap­i­­tal mur­der pros­e­cu­tion. The pros­e­cu­tion’s deci­sion was spurred by the tri­al court’s rul­ing bar­ring the seek­ing of the death penalty…

By Kiko Martinez San Antonio Current April…

A new study by Professor Scott Phillips of the Univeristy of Denver found that black defen­dants in Houston, Texas, are more like­ly to be sen­tenced to death than white defen­dants, even when oth­er vari­ables are account­ed for. The research, to be pub­lished in a forth­com­ing edi­tion of the Houston Law Review, looked at cas­es eli­gi­ble for the death penal­ty in the coun­ty that is the source of the high­est num­ber of exe­cu­tions in Texas, which itself is responsible…

The gov­er­nor of Missouri, Matt Blunt, has pro­posed that his state expand the death penal­ty to include cas­es of sex­u­al assault against chil­dren where the vic­tim is not killed. However, accord­ing to an edi­to­r­i­al in the Springfield News-Leader, such a law would not pro­tect chil­dren. Instead, it could make it less like­ly that these offens­es would be report­ed, would put the child in dan­ger of even worse crimes, and would involve the child and…

Rudolph J. Gerber served as a pros­e­cu­tor and as a judge on Arizona​’s Court of Appeals for 13 years. Earlier in his career, then-state sen­a­tor Sandra Day O’Connor asked Mr. Gerber to draft the statute that even­tu­al­ly became Arizona’s death penal­ty law. In a recent op-ed in the Sacramento Bee, he expressed his con­cerns about the prac­tice of cap­i­tal pun­ish­ment and said that states should use the present peri­od in which no executions are…

On April 16, the U.S. Supreme Court ruled that Kentucky​’s three-drug pro­to­col for car­ry­ing out lethal injec­tions does not amount to cru­el and unusu­al pun­ish­ment under the Eighth Amendment. The case, Baze v. Rees, had result­ed in exe­cu­tions being put on hold around the coun­try from the day after the Court agreed to review the issue. Thirty-five of the 36 states with the death penal­ty and the fed­er­al gov­ern­ment use lethal injec­tion as their primary…

April…