Publications & Testimony

North Carolina dropped all charges against Dwayne Allen Dail (pic­tured), who spent near­ly half his life in prison for a rape he did not com­mit. Dail, now 39, was sen­tenced to two life sen­tences plus 18 years in 1989. He has always main­tained his inno­cence, but was con­vict­ed after the 12-year-old vic­tim iden­ti­fied him as her assailant and the state claimed that hair found at the crime scene was micro­scop­i­cal­ly con­sis­tent with his. Standard pro­to­col would have ordered the…

A new study led by Vanderbilt University law pro­fes­sor Nancy King has revealed that few­er con­vic­tions have been over­turned since the 1996 enact­ment of the Anti-ter­ror­ism and Effective Death Penalty Act (AEDPA). The 2‑year study was the first to exam­ine the effects of AEDPA. It exam­ined 2,400 non-cap­i­tal cas­es that were ran­dom­ly select­ed from among the more than 36,000 habeas cas­es filed in fed­er­al dis­trict court nation­wide by state pris­on­ers dur­ing 2003 and 2004, as well as more than 360…

In Florida, doc­tors hired to mon­i­tor and par­tic­i­pate in lethal injec­tion exe­cu­tions wear pur­ple ​“moon suits” and gog­gles to con­ceal their iden­ti­ties from wit­ness­es and cir­cum­vent an American Medical Association (AMA) code that for­bids par­tic­i­pa­tion in exe­cu­tions, accord­ing to the Associated Press. Though Florida and oth­er states say the par­tic­i­pa­tion of med­ical per­son­nel ensures ​“a dig­ni­fied and humane death” for those fac­ing exe­cu­tion, the AMA, the American Nurses Association, the American…

A new book by Bruce Watson exam­ines the case of Nicola Sacco and Bartolomeo Vanzetti, two Italian immi­grants whose guilt remains in seri­ous doubt eight decades after Massachusetts car­ried out their death sen­tences. The book, ​“Sacco & Vanzetti: The Men, the Murders, and the Judgment of Mankind” (Viking, 2007), pro­vides a fac­tu­al account of the case sur­round­ing the two men, who were con­vict­ed of steal­ing a shoe fac­to­ry’s pay envelopes and killing four peo­ple in the crime. Watson’s…

The U.S. Court of Appeals for the Sixth Circuit re-affirmed its 2005 rul­ing that Kenny Richey​’s cap­i­tal con­vic­tion and death sen­tence should be over­turned because he received inad­e­quate rep­re­sen­ta­tion at tri­al. Richey is on death row for the 1986 arson mur­der of a two-year-old girl who was in his care, an event that he main­tains was an acci­dent. Richey is a dual cit­i­zen of the U.S. and Scotland, hav­ing been raised in Scotland before com­ing to Ohio. The Sixth Circuit ruled 2 – 1 that…

A new study by law pro­fes­sors Eric Freedman of Hofstra and David Dow of the University of Houston found that, before the pas­sage of the Anti-Terrorism and Effective Death Penalty Act in1996, death row inmates who filed habeas cor­pus peti­tions in fed­er­al court suc­ceed­ed in over­turn­ing their con­vic­tions or death sen­tences about 40% of the time. After pas­sage of the 1996 law which restrict­ed the Courts’ pow­er to over­turn state deci­sions, the num­ber of suc­cess­ful appeals fell to just 12% between…

After lengthy, inten­sive inter­ro­ga­tions, which in some cas­es includ­ed threats to pur­sue the death penal­ty, four enlist­ed Navy sailors con­fessed to a rape and mur­der in Norfolk, Va. that occurred in 1997. Now, con­vinc­ing new evi­dence has emerged indi­cat­ing that all four may be inno­cent. A recent New York Times Magazine arti­cle describes how three of the men — Danial Williams, Joseph Dick, and Derek Tice — were sen­tenced to life with­out parole for the rape and mur­der of Michelle Moore-Bosko,…

The DePaul University College of Law’s Center for Justice in Capital Cases offers a broad range of cut­ting-edge train­ing pro­grams for those inter­est­ed in death penal­ty law, includ­ing a wealth of free pub­li­ca­tions and man­u­als that cap­i­tal defense attor­neys may find use­ful. Founded in 2000, the Center is a resource for death penal­ty attor­neys across the nation, pro­vid­ing train­ing and pro­fes­sion­al sem­i­nars on top­ics such as tri­al and mit­i­ga­tion inves­ti­ga­tion, jury decision-making and…

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The Fort Worth Star-Telegram is urg­ing the Texas Board of Pardons and Paroles and Texas Governor Rick Perry to spare the life of Kenneth Foster (pic­tured), whose exe­cu­tion is sched­uled for August 30. Foster was sen­tenced to death under the Texas Law of Parties that per­mits a per­son involved in a crime to be held account­able for the actions com­mit­ted by some­one else. In this case, Texas main­tains that Foster deserves the death penal­ty because he should have antic­i­pat­ed that a pas­sen­ger in his…