Publications & Testimony

In his new book, ​“The Big Eddy Club: The Stocking Stranglings and Southern Justice,” author David Rose exam­ines issues of race and the death penal­ty. The book relates the sto­ry of Carlton Gary, who was con­vict­ed of cap­i­tal mur­der in 1986 and remains on Georgia’s death row for the rape and mur­der of sev­er­al elder­ly women in Columbus, Georgia. Rose, a con­tribut­ing edi­tor at Vanity Fair, links Gary’s con­vic­tion to a his­to­ry of bias in Columbus and the South. ​“The Big Eddy Club” details…

Ruling in a pre-tri­al mat­ter in New Mexico, Judge Timothy Garcia of Santa Fe County’s First Judicial District Court held the state’s death penal­ty law to be uncon­sti­tu­tion­al based on a study by the Capital Jury Project. The Project’s research in 14 states had found that jurors often do not fol­low the law in mak­ing their sen­tenc­ing deci­sion. In par­tic­u­lar, the judge found that the jurors’ propen­si­ty toward mak­ing their sen­tenc­ing deci­sion dur­ing the guilt-inno­cence phase of the…

The U.S. Supreme Court’s deci­sion in Uttecht v. Brown on June 4, 2007 appears to enhance the state’s abil­i­ty to remove poten­tial jurors with doubts about the death penal­ty. But by expand­ing the class of peo­ple who can­not serve on cap­i­tal juries, the deci­sion may ulti­mate­ly ren­der the death penal­ty invalid as juries fail to rep­re­sent the true diver­si­ty of the American pub­lic. In a 5 – 4 deci­sion over­turn­ing an opin­ion writ­ten by Judge Alex Kozinski of the U.S. Court of Appeals for the…

The Texas Court of Criminal Appeals stayed Cathy Henderson​’s sched­uled exe­cu­tion of June 13 and has remand­ed her case back to the tri­al court for a more care­ful review of new sci­en­tif­ic evi­dence that casts doubt on the state’s claim that she inten­tion­al­ly killed Brandon Baugh, an infant in her care. The appeals court deci­sion was large­ly based on a recent affi­davit sub­mit­ted by for­mer Travis County med­ical exam­in­er Dr. Roberto Bayardo (pic­tured), whose expert tes­ti­mo­ny was cru­cial to…

By a vote of 79 – 14, the Tennessee House of Representatives passed bipar­ti­san leg­is­la­tion cre­at­ing a study com­mis­sion to exam­ine the state’s death penal­ty sys­tem. A sim­i­lar mea­sure unan­i­mous­ly passed the state’s Senate in May, just one month after the American Bar Association issued a report find­ing that the state was not in full com­pli­ance with most of the bench­marks estab­lished to guar­an­tee a fair death penal­ty sys­tem. The new com­mis­sion will con­sist of rep­re­sen­ta­tives from the…

Rwanda​’s par­lia­ment has vot­ed to abol­ish the death penal­ty and replace it with life with­out parole, a move that offi­cials hope will clear the way for sus­pects in the nation’s 1994 geno­cide to be extra­dit­ed back to Rwanda for tri­al. Many of the sus­pects are believed to be at large in Europe, North America, and West Africa, regions where many coun­tries refuse to extra­dite crim­i­nal sus­pects to nations that con­tin­ue to prac­tice cap­i­tal pun­ish­ment or tor­ture. Rwandan genocide…

A new require­ment that every death sen­tence be reviewed and approved by China’s high­est court has result­ed in a sharp decline in exe­cu­tions there. A spokesman for the Supreme People’s Court in China said that low­er courts are report­ing a 10% drop in exe­cu­tions dur­ing the first five months of 2007. Human rights experts esti­mate that China exe­cutes 10,000 — 15,000 peo­ple each year, more than the rest of the world com­bined, but offi­cials do not release spe­cif­ic num­bers to the pub­lic. In recent…

According to a new report and opin­ion poll issued today by the Death Penalty Information Center, the American pub­lic is los­ing con­fi­dence in the death penal­ty as doubts about inno­cence and the pur­pose of cap­i­tal pun­ish­ment increase. The report, A Crisis of Confidence: Americans’ Doubts About the Death Penalty, is based on a recent nation­al opin­ion poll con­duct­ed by RT Strategies and com­mis­sioned by DPIC. ​“Public con­fi­dence in the death penal­ty has clear­ly erod­ed over the past 10 years,…

In a recent edi­to­r­i­al, the Los Angeles Times voiced con­cerns about a Louisiana Supreme Court deci­sion uphold­ing the death sen­tence of Patrick Kennedy for the rape of his 8‑year-old step­daugh­ter. The paper said the Louisiana court’s deci­sion to allow the death penal­ty in such cas­es could lead states to seek the death penal­ty for oth­er non-mur­der crimes, a devel­op­ment that would wors­en an already dys­func­tion­al death penal­ty sys­tem. The edi­to­r­i­al not­ed: The United States is vir­tu­al­ly alone…