Publications & Testimony

On November 7, the U.S. Supreme Court agreed to hear cases in two areas that could have broad implications for many defendants facing the death penalty. In Hamdan v. Rumsfeld, No. 05 – 184, the Court will rule on the constitutionality of the military tribunals established by President Bush following the September 11, 2001 terrorist attacks. A U.S. District Court had halted the military trial of Salim Ahmed Hamdan, who had been captured in Afghanistan, because the trial violated domestic law and…

In an editorial in its Sunday, November 6 edition, the Birminham News announced that “After decades of supporting the death penalty, the editorial board no longer can do so.” The paper cited both practical and ethical reasons for the change in its stance: “[W]e have come to believe Alabama’s capital punishment system is broken. And because, first and foremost, this newspaper’s editorial board is committed to a culture of life… . We believe all life is sacred. And in embracing a culture of life…

A recent Dayton Daily News video editorial urged Ohio Governor Bob Taft to grant clemency to John Spirko, an Ohio death row inmate scheduled to be executed on November 15. The video states that Spirko’s case was plagued with gaps and inconsistencies, and that he may actually be innocent. The video was partly shot inside Ohio’s “death house” in Lucasville prison. To view the video on the Web, click here. (Dayton Daily News, Nov. 4, 2005). See Innocence and Clemency. Update: At the request of…

In an article about the approaching 1,000^th execution in the U.S., Tarrant County prosecutor Alan Levy and Harris County District Attorney Charles Rosenthal addressed the current state of the death penalty and the impact of growing concerns about the issue of innocence: Levy, who heads the criminal division of the Tarrant County D.A.’s office, said that he often wonders whether the executions that have taken place have been worth the expense, controversy, and time: “It’s a pretty clumsy…

The Federal Death Penalty Resource Counsel Project reported that only 5 of the 22 juries that heard federal capital cases imposed death sentences in the past year. During John Ashcroft’s term as Attorney General from 2001 to 2005, 18 of the 63 juries in capital cases returned death sentences. Some members of Congress have proposed easing the rules for obtaining death sentences in federal cases, allowing the government to seek the death penalty repeatedly if the jury is not unanimous for either…

An Appeal Court of the Commonwealth of Puerto Rico recently held that it would be unconstitutional to extradite Juan Melendez Cruz to Pennsylvania if he faces a possible death sentence. The court referred to the issue as one involving the fundamental right to life. In July 2003, Philadelphia District Attorney spokeswoman Cathie Abookire confirmed that Melendez Cruz, a Puerto Rican native, could face the death penalty in Pennsylvania. Melendez Cruz’s attorney, Eileen Diaz, argued that…

An October 2005 Gallup Poll found that only 64% of Americans favored the death penalty for those convicted of murder. The last time the poll found a lower support was in 1978 when 62% favored the death penalty. The high point for public endorsement of the death penalty came in 1994 when 80% supported capital punishment. This most recent poll result is consistent with Gallup Polls taken in October 2004 and 2003, both registering a 64% support of the death penalty. (See Gallup Poll Document…

North Carolina House Speaker Jim Black has appointed 20 House members to a study commission that will examine how the death penalty is carried out in the state. The commission will also recommend possible capital punishment-related policy reforms for their colleagues to consider during their session next spring. The commission will be chaired by Representatives Joe Hackney of Chapel Hill and Beverly Earle of Charlotte. Members of the commission will consult with victims’ family members, law…

A new documentary, “After Innocence,” by Jessica Sanders and Marc Simon, is opening in cities around the country. This award-winning film (Sundance and other film festivals) tells the stories of wrongfully convicted defendants who were exonerated through DNA evidence, and about what happens to them after their release as they attempt to rebuild their lives. The film opens in Washington, D.C. at the Landmark’s E St. Cinema, 555 11^th St. NW, on Friday, Nov. 4. A discussion will follow the film…

In an editorial on October 27, the Los Angeles Times called for an end to the death penalty in California. The Times stated that the punishment should end not because of the merits of individual death row inmates, such as Stanley Williams, scheduled for execution on December 13, but because of “who we are” as a civilized society: EDITORIAL Shut down death rowOctober 27, 2005 STANLEY “TOOKIE” WILLIAMS is a charismatic symbol of what’s wrong with the death penalty — and of what’s wrong with the…