Publications & Testimony

Oregon v. Guzek — The U.S. Supreme Court has announced that it will consider whether capital defendants have a constitutional right to present evidence that would cast doubt on their conviction during the penalty phase of their death penalty trials, a question that has divided state and lower federal courts for many years. The defendant, Randy Lee Guzek, sought to introduce alibi evidence after he was convicted during the sentencing phase of his trial. This evidence tended to show that he had…

FOR IMMEDIATE RELEASE Monday, April 25, 2005 CONTACT: Brenda Bowser Office: (202) 293‑6970, x215 Cell: (301) 906‑4460 bbowser@deathpenaltyinfo.org DEATH SENTENCES CONTINUED TO DECLINE IN 2004 WASHINGTON, DC – In 2004, 125 people were sentenced to death in the United States, the fewest number since capital punishment was reinstated in 1976. Death sentences have declined by more than 50% since the late 1990’s and the numbers in 2004 represented a drop of 13% compared to 2003. The number of…

A recent Los Angeles Times editorial called on California lawmakers to impose a moratorium on executions until a state commission charged with examining the fairness and accuracy of California’s death penalty laws can finish its work. The paper noted that a similar review led by New York state lawmakers resulted in findings that effectively ended capital punishment in that state for this year. The editorial stated: Many Californians, lawmakers as well as voters, share those concerns (as…

“Scott Sundby’s new book, “A Life and Death Decision: A Jury Weighs the Death Penalty” is an impartial look at capital jury deliberations through the examination of data collected by the Capital Jury Project and other studies of group decision-making. Drawing on the Capital Jury Project’s interviews with more than 1,000 jurors from across the country who had taken part in death penalty cases, the book addresses crucial issues such as jury instructions, jury room setup, and voir dire procedures.

Executed on a Technicality: Lethal Injustice on America’s Death Row, by Professor David Dow, is a behind-the-scenes look at the death penalty through the lens of an attorney who formerly supported capital punishment. Dow, who teaches at the University of Houston Law Center and founded the Texas Innocence Network, provides case histories illustrating serious flaws in the death penalty system. He uses these cases to guide readers through a web of coerced confessions, incompetent representation…

The Louisiana Supreme Court recently ruled that trial judges can halt prosecutions of poor defendants until the state comes up with the money to pay for an adequate defense. Louisiana has in the past failed to adequately fund indigent defense programs. “I think it’s a warning,” said Phyllis Mann, appointed counsel for Benjamin Tonguis and Adrian Citizen, two death penalty defendants whose cases were reviewed by the state supreme court. “The court is saying as plainly as they possibly can not to…

An Arizona court has overturned the conviction of death row inmate Clarence Hill because of new DNA evidence. The court noted that, “It is more likely than not that no reasonable juror would have convicted Mr. Hill in light of the present DNA evidence.” Hill has spent 15 years on death row for the murder of his landlord, but new DNA tests have revealed that the victim was not the source of the blood found on Hill’s clothing and bedsheets during the investigation. The blood was used as evidence…

Attorney Barry Scheck plans to ask Texas Governor Rick Perry to order DNA testing in the case of Claude Jones, who maintained his innocence until his execution in December 2000. Scheck, co-founder of the Innocence Project, says Jones’ conviction was largely based on dubious evidence. The state’s case against him included testimony from an accomplice linking Jones to the crime and the report of a state forensic scientist who examined a one-inch length of hair found at the crime scene. The…