Publications & Testimony

Death-sen­tenced pris­on­ers with cred­i­ble evi­dence of inno­cence have gained sig­nif­i­cant atten­tion this month with the exe­cu­tion of Marcellus Williams in Missouri, the near-exe­cu­tion of Robert Roberson in Texas, and the U.S. Supreme Court argu­ments in Glossip v. Oklahoma. There is a com­mon mis­con­cep­tion that DNA evi­dence is wide­ly avail­able in all cas­es and cen­tral to exon­er­a­tions, but the real­i­ty is that DNA exon­er­a­tions in death penal­ty cas­es are rel­a­tive­ly rare. DPI has identified 34…

On October 21, 2024, U.S. District Court Judge Mary Geiger Lewis ruled that South Carolina Governor Henry McMaster has the sole pow­er to grant clemen­cy to Richard Moore. In response to alle­ga­tions of bias pre­sent­ed by Mr. Moore’s coun­sel, Judge Lewis said that “[t]he Court is con­fi­dent… Governor McMaster will give full, thought­ful, and care­ful con­sid­er­a­tion to any clemen­cy peti­tion filed by Moore, giv­ing both com­pre­hen­sive and indi­vid­u­al­ized atten­tion to the unique cir­cum­stances of his…

The Texas House Committee on Criminal Jurisprudence heard tes­ti­mo­ny on Monday October 21, 2024 from nov­el­ist John Grisham, talk show host ​“Dr. Phil” McGraw, but not its expect­ed star wit­ness, Robert Roberson, whose sub­poe­naed tes­ti­mo­ny result­ed in a dra­mat­ic last-minute stay of exe­cu­tion on October 17^th from the Texas Supreme Court. Legislators said they could not reach an agree­ment with the Office of the Texas Attorney General to facil­i­tate Mr. Roberson’s in-per­son tes­ti­mo­ny, and Committee…

In this month’s episode of Discussions with DPIC, Executive Director Robin Maher speaks with Steve Vladeck, a Georgetown law pro­fes­sor and expert on the Supreme Court. Professor Vladeck is the author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, released in 2023, as well as the week­ly newslet­ter One First, which breaks down the Court’s rul­ings and his­to­ry. Professor Vladeck explains why the Court’s treatment of…

On October 15, 2024, the Idaho Department of Corrections (IDOC) amend­ed its exe­cu­tion pro­to­col and facil­i­ties to enable staff to place a cen­tral intra­venous line, if nec­es­sary, to deliv­er lethal injec­tion drugs to a pris­on­er. IDOC now has a new exe­cu­tion prepa­ra­tion room in which venous access would be estab­lished pri­or to trans­fer­ring the pris­on­er to the exe­cu­tion cham­ber. This change, and accom­pa­ny­ing prison ren­o­va­tions this past sum­mer, came after the February 28, 2024 failed execution of…

Update: The Texas Board of Pardons and Paroles denied clemen­cy for Robert Roberson on October 16,…

Joseph Giarratano (pic­tured, cen­ter) died on October 6, 2024. He had spent near­ly forty years in prison, many of them on death row, for a crime he main­tained he did not com­mit. During his time behind bars, he sought to improve prison con­di­tions and secure access to attor­neys. After being paroled in 2017, he worked at the University of Virginia’s Innocence Project, con­tin­u­ing his work to assist incarcerated…

On October 11, 2024 the Embassies of France and Germany host­ed a dis­cus­sion on the ques­tion of inno­cence and the death penal­ty at the res­i­dence of the French Ambassador in Washington, D.C. Panelists includ­ed Herman Lindsey, a death row exoneree and Executive Director of Witness to Innocence; Vanessa Potkin, Director of Special Litigation at the Innocence Project; and Emmjolee Mendoza Waters, Director of the Death Penalty Abolition Program at Catholic Mobilizing Network. The approximately 75…

In hon­or of Hispanic Heritage Month (Sept. 15-Oct. 15), DPI is post­ing a week­ly fea­ture on Hispanic or Latino/​a peo­ple who have had a sig­nif­i­cant impact on the death penal­ty in the U.S. The final entry in this series is U.S. Supreme Court Justice Sonia…

On Friday, October 4, the Supreme Court agreed to hear argu­ments in Gutierrez v. Saenz, a case regard­ing death-sen­tenced Texas pris­on­er Ruben Gutierrez’s abil­i­ty to sue the state for DNA test­ing in sup­port of his inno­cence claim. The Court had issued a stay to Mr. Gutierrez on July 16, just twen­ty min­utes before his sched­uled exe­cu­tion. Mr. Gutierrez was con­vict­ed and sen­tenced to death in 1999 for the mur­der and rob­bery of an 85-year-old woman but has long main­tained his innocence.