Publications & Testimony

A group of 40 law enforcement officers, current and former prosecutors, and judges at the state and federal level have urged California lawmakers to enact a temporary halt to executions in the state while a commission examines the accuracy and fairness of the death penalty. In a letter to members of the California Assembly, the bi-partisan group of death penalty supporters and opponents wrote, “[G]iven that DNA testing and other new evidence has proven that more than 121 people who sat on death…

The U.S. Supreme Court re-instated the death sentence of Ronald Sanders in a 5 – 4 ruling overturning a decision by the U.S. Court of Appeals for the Ninth Circuit. After Sanders had been sentenced to death in California, the state’s supreme court held that two of the aggravating factors used by the jury in its sentencing determination were invalid. The 9^th Circuit had held that California is a “weighing state” and hence the use of these invalid aggravating factors rendered the death sentence…

Concerned that a fingerprint identification error could lead to the execution of an innocent person, the Federal Bureau of Investigation is examining all cases of state and federal prisoners scheduled for execution to determine whether FBI fingerprint experts made mistakes that led to death sentences. Eighteen months ago, the FBI discovered that a fingerprint examiner for the Bureau had mistakenly matched a print found near the site of terrorist bombings in Madrid to a lawyer in Portland…

As California lawmakers consider legislation that would put executions on hold for two years while a 13-member commission reviews the problem of wrongful convictions in the state, a group of current and former prosecutors have sent members of the state Assembly a letter urging passage of the measure. “The execution of an innocent person is unacceptable, and it is imperative that California takes every precaution that it never happens. This is not just a matter of justice for these individuals.

New Jersey lawmakers have voted to suspend executions in the state while a task force studies the fairness and costs of imposing capital punishment. After passing the Senate in December and the Assembly on January 9 by a vote of 55 – 21, the measure now goes to Governor Richard Codey for his signature into law. Codey has indicated that he will sign the bill, an act that will make New Jersey the first state to pass a death penalty moratorium into law through legislation. The bill establishes a…

New Hampshire House Criminal Justice and Safety Committee: Testimony of Richard C. Dieter (Jan. 10, 2006)

Virginia Governor Mark Warner has ordered DNA evidence retested to determine whether Roger Keith Coleman, who was executed in 1992, was actually innocent. Warner said he ordered the tests because of technological advances that could prove a level of certainty that was not available at the time of Coleman’s execution. Warner, who will leave office on January 14, noted, “This is an extraordinarily unique circumstance, where technology has advanced significantly and can be applied in the case of…

An ongoing review of DNA tests conducted by the Houston Police Department has revealed “severe and pervasive problems” with the lab’s findings in more than two dozen cases, including three death penalty cases. The new report released by independent investigator Michael Bromwich, who is reviewing more than 1,100 Houston Police Department DNA cases analyzed between 1987 and 2002, also linked the DNA lab’s troubles to “very disturbing problems” within the Houston Police Department’s serology…

Support for restoration of the death penalty in Great Britain, even when the murder victim is a police officer, has fallen below 50% for the first time since its abolition four decades ago. According to a YouGov poll conducted for The Daily Telegraph, the number of people who oppose capital punishment even when the victim is a police officer has risen to 43%. The figure is a dramatic changed from the 20% who voiced opposition to the death penalty in a 1960 poll conducted by Gallup. Only 49% of…