Publications & Testimony

In a case with broad national implications, the U.S. Supreme Court has agreed to consider the constitutionality of lethal injections as practiced in Kentucky. The Justices will hear a challenge filed by two Kentucky death row inmates, Ralph Baze and Thomas Clyde Bowling, Jr. The two men sued Kentucky in 2004 claiming that the state’s lethal injection process amounts to cruel and unusual punishment, noting that the procedure can inflict unnecessary pain and suffering on the inmate. Prior to…

The Atlanta Journal-Constitution recently completed a comprehensive study of Georgia’s use of the death penalty and found that “getting the death penalty in Georgia is as predictable as a lightning strike.” This was the same problem that the U.S. Supreme Court identified in 1972 when it overturned Georgia’s law and the laws of every other death penalty state. Among the paper’s findings, which appear in a four-part series that began on Sept. 23, 2007, were: • Of Georgia’s 132 most heinous…

In a letter citing political manipulation of the death penalty by the state’s chief prosecutor, 41 members of Alabama’s District Attorneys Association called on Attorney General Troy King to apologize to Shelby County District Attorney Robby Owens (pictured). King has said that Owens “shirked” his duties when he expressed concerns in a court hearing about the fairness of an inmate’s death sentence. “If he cannot recognize the error of his needless attack on the district attorney, perhaps he…

U.S. District Judge Aleta Trauger has ruled that Tennessee’s new lethal injection procedures are cruel and unusual, a decision that halts executions in the state. Trauger stated that Tennessee’s new lethal injection protocols, released in April 2007, present “a substantial risk of unnecessary pain” and violate death row inmate Edward Jerome Harbison’s constitutional protections under the Eighth Amendment. She added that the protocols do not adequately ensure that inmates are properly…

As Georgia lawmakers convene to review eyewitness identification procedures in the state, a new study by the Georgia Innocence Project has revealed that 83% of Georgia police agencies have no written rules on handling eyewitness identifications. Six men have been exonerated in Georgia after DNA evidence proved their innocence and “every single one of those original convictions was based on faulty identifications,” notes Representative Stephanie Stuckey Benfield, who chairs the study committee…

Just two days after Tennessee’s first electrocution in nearly 50 years, Governor Phil Bredesen (pictured) commuted the death sentence of Michael Joe Boyd to life in prison without parole. The Governor called the representation Boyd received during his appeals “grossly inadequate,” adding that Boyd’s claims were never comprehensively reviewed because his appellate attorney — Dan Seward — failed to provide evidence to support Boyd’s initial claim that he was poorly represented during his trial.

Alabama Attorney General Troy King (pictured) recently stripped a capital murder case from veteran Shelby County District Attorney Robby Owens because Owens expressed concerns in a court hearing about the fairness of an inmate’s death sentence. Owens testified that it would be disproportionate to execute LaSamuel Gamble for killing two people more than a decade ago in light of the fact that his co-defendant, and the crime’s triggerman, Marcus Presley, had his death sentence reduced under the…

Florida State Attorney Harry Shorstein recently said that cuts to his budget could force his staff to make tough decisions with regard to criminal prosecutions. Shorstein said a predicted budget cut for the 20 state attorney offices in Florida would be “catastrophic,” projecting that his staff alone would lose 16 members and may have to abandon expensive death penalty cases. “There will be cases that can’t be tried. Will it mean we can’t get to the trials? Will it take longer? Will it, will it…

The Witchita Eagle recently called on Kansas lawmakers to reconsider the death penalty, stating: “At some point, given the legal problems and the lack of executions, a death penalty stops making sense for Kansas.” The paper said the law has cost taxpayers millions of dollars without the benefit of deterring crime. Moreover, the state has not had a single execution since capital punishment was reinstated in 1994, and the “care and caution” warranted to protect against wrongful convictions could…

Attorneys for Patrick Kennedy, the only person on death row in the U.S. for a non-homicide offense, have asked the U.S. Supreme Court to review whether a death sentence for a crime where the victim was not murdered is constitutional. Kennedy was convicted of raping his 8‑year-old step-daughter in Louisiana in 1998. Only a handful of states have laws that would allow a death sentence for such a crime. No one has been executed for a non-homicide offense since the death penalty was reinstated in…