Publications & Testimony

Thomas Doswell of Pennsylvania and Larry Peterson of New Jersey recently had their convictions overturned as a direct result of DNA testing. Each defendant had serverd 18 years in prison. In Peterson’s case, the prosecution had sought the death penalty but the jury could not agree and he was sentenced to life. His case marked the first time a New Jersey court has overturned a conviction because of DNA evidence. Both reversals stemmed from the work of attorneys at the Innocence Project of the…

A recent Alabama opinion poll found that less than half of those surveyed believe Alabama’s death penalty is applied fairly and 57% of respondents support a temporary halt to executions in the state until questions about fairness and reliability are studied. In other findings, 96% of those surveyed support the use of DNA in cases where it might prove guilt or innocence and 62% said they would be more likely to vote for a candidate who supported suspension of the death penalty until questions…

Decided: June 27, 2005 By a vote of 5 – 4, the Supreme Court ruled that the U.S. Court of Appeals for the Sixth Circuit was wrong to reverse itself, in spite of the fact that the Sixth Circuit announced that its initial denial of Thompson’s appeal was mistaken. Last year a three-judge panel of the Sixth Circuit issued a split decision denying Thompson’s Sixth Amendment ineffective assistance of counsel claim in a 2 – 1 vote and three separate opinions. The same three judges later unanimously…

The dedication of the National Death Penalty Archive at the State University of New York at Albany will take place on August 9, 2005. Hugo Bedau of Tufts University will keynote the program, which will also feature William J. Bowers, Scott Christianson, David Kaczynski, and Michael Radelet. The Archive is a partnership between the Capital Punishment Research Initiative at the School of Criminal Justice and the M.E. Grenander Department of Special Collections and Archives at the University of…

The following article by Henry Weinstein appeared in the Los Angeles Times, July 28, 2005: (DPIC Note: The Senate Judiciary Committee put off markup of the Streamlined Procedures Act, probably until September. Also, see Letter from former Attorneys General and prosecutors opposing this legislation.) THE NATION Bid to Speed Death Penalty Appeals Under Fire Conservatives and former prosecutors are among foes of a bill, before a Senate panel today, to curtail ​‘endless’ delays in cases. By Henry…

In a recent Washington Post column, Richard Cohen compared the deep objections voiced by many Americans after the U.S. Supreme Court ruled that communities can condemn property in distressed areas to make way for economic development to the tepid reaction to strong evidence that a Missouri man may have been wrongly executed for a crime he did not commit. Cohen, noting that it seems ​“far easier for the government to wrongfully take a life than a parcel of run-down real estate,” wrote: The city…

The parents and three children of Louisiana murder victim Kim Groves have asked the federal government to forgo seeking the death penalty for co-defendants Paul Hardy and Len Davis. In a letter to prosecutors, the Groves family urged U.S attorneys to halt proceedings that might lead to death sentences in rehearings for both defendants. ​“Executing these two men will not bring Kim Groves back to life. It will not ease the deep sorrow and loss that her family has and will continue to experience…

Even though the state of Virginia admits that the question of Daryl Atkins’ mental retardation is a ​“close case,” it is still pursuing a lengthy jury trial to ensure his execution. The U.S. Supreme Court ruled in Atkins v. Virginia in 2002 that those with mental retardation must be excluded from the death penalty, but they issued no opinion with regard to Mr. Atkins’ mental status. As the trial in Virginia began this week, Atkins’ mother and former teachers testified about his long-term…

A North Carolina Superior Court judge orderd a new trial for death row inmate Rex Penland following DNA testing that discredited the state’s case. Penland was convicted of a rape and murder 11 years ago, but DNA testing at the time of his trial was inconclusive. More recent testing was favorable to Penland and did not place him at the scene of the crime. Penland was convicted largely on the basis of testimony from his two nephews who were also involved in the crime. Ken Rose, one of the…