Publications & Testimony

By Jace Radke <jace@​lasvegassun.​com>LAS VEGAS…

The Texas Democratic Party has adopt­ed an his­toric par­ty plat­form that con­tains a num­ber of death penal­ty reform rec­om­men­da­tions, includ­ing a call for leg­is­la­tors to enact a mora­to­ri­um on exe­cu­tions, to ban the exe­cu­tion of juve­nile offend­ers and the men­tal­ly ill, and to con­sid­er adopt­ing a life with­out paroles sen­tence in Texas. More than 1,700 atten­dees at the Democratic Party’s state con­ven­tion signed a res­o­lu­tion call­ing for the mora­to­ri­um, sur­pass­ing the 30% signature…

Although Virginia jurors in the tri­al of Lee Boyd Malvo main­tained their cama­raderie dur­ing the six weeks of tri­al and delib­er­a­tions on whether he was guilty of cap­i­tal mur­der in one of a series of sniper shoot­ings, the group became sharply divid­ed when weigh­ing the ques­tion of whether to sen­tence the teen to death. The jury fore­man and a sec­ond mem­ber of the jury revealed that a core group of four jurors did not believe Malvo’s role in the mur­ders war­rant­ed the death penal­ty. They stated…

UPDATE: On June 28, 2004 the U.S. Supreme Court grant­ed Thomas Miller-El cer­tio­rari a sec­ond time (MILLER-EL v. DRETKE, No. 03 – 9659), in order to address whether the U.S. Court of Appeals for the 5^th Circuit again erred in review­ing Miller-El’s claim that the pose­cu­tion pur­pose­ful­ly exclud­ed African Americans from his cap­i­tal jury, in vio­la­tion of Batson v. Kentucky. Arguments were heard in November 2004 and the case was decid­ed on June 13, 2005 in Miller-El’s favor.

New York’s high­est court has ruled that a pro­vi­sion of the state’s cap­i­tal pun­ish­ment statute vio­lates the state con­sti­tu­tion, a deci­sion that appears to inval­i­date the sen­tences of all four men on New York’s death row. In New York, if a jury dead­locks, the judge impos­es a sen­tence of 20 – 25 years to life, giv­ing the pos­si­bil­i­ty of parole. In its 4 – 3 rul­ing, the Court of Appeals said that these sen­tenc­ing rules might uncon­sti­tu­tion­al­ly coerce jurors into vot­ing for a death sen­tence rather than…

In an exclu­sive two-part series titled ​“Snitch Work,” Philadelphia’s City Paper explores the pos­si­ble inno­cence of Pennsylvania death row inmate Walter Ogrod. Investigative writer Tom Lowenstein describes Ogrod’s first tri­al, which result­ed in a mis­tri­al when 11 of the 12 jurors vot­ed for acquit­tal. In Ogrod’s sec­ond tri­al in 1996, the state employed a noto­ri­ous jail­house snitch, John Hall, to strength­en their case against Ogrod, who con­tin­ued to main­tain his inno­cence. Lowenstein’s ​“Snitch…

In an edi­to­r­i­al writ­ten fol­low­ing the exe­cu­tion of Steven Oken in Maryland on June 17^th, The Washington Post crit­i­cized the state’s flawed death penal­ty sys­tem and ques­tioned what pur­pose cap­i­tal pun­ish­ment serves. The edi­to­r­i­al stat­ed: Steven Howard Oken went to his death this week in Maryland — the 1^st exe­cu­tion in the state in 6 years, the 1^st as well since Gov. Robert L. Ehrlich Jr. (R) lift­ed his proces­sor’s mora­to­ri­um on exe­cu­tions. Mr. Oken was as good a can­di­date for capital…

Former Republican Senator John Danforth of Missouri, President Bush’s nom­i­nee to serve as U.S. Ambassador to the United Nations, is a long-time oppo­nent of cap­i­tal pun­ish­ment. During his tenure in the Senate, Danforth made his posi­tion on the death penal­ty clear in a 1994 Senate floor state­ment: ​“I think we should do away with the death penal­ty. As a mat­ter of per­son­al con­science, I have always opposed the death penal­ty.… We have had up or down votes on cap­i­tal pun­ish­ment. I always vote…

A recent Dallas Morning News edi­to­r­i­al decried the use of expert wit­ness­es who claim to have the abil­i­ty to pre­dict future dan­ger­ous­ness, a deter­mi­na­tion that jurors in Texas heav­i­ly rely on in sen­tenc­ing peo­ple to death. The edi­to­r­i­al states: In Texas, we exe­cute crim­i­nals not for what they did, but for what they might do. Convicted mur­der­er David Harris has a date with the exe­cu­tion­er June 30 for hav­ing killed a man in a Beaumont gun­fight. But that’s not enough to get Mr. Harris, or any…

Applications for Soros Justice Advocacy, Senior and Media Fellowships are now being accept­ed by the Open Society Institute from lawyers, advo­cates, orga­niz­ers, schol­ars, jour­nal­ists and doc­u­men­tar­i­ans seek­ing to make advance­ments in crim­i­nal jus­tice. The dead­line for appli­cants is September 22, 2004. Proposed work should focus on reduc­ing the nation’s over reliance on poli­cies of pun­ish­ment and incar­cer­a­tion, encour­ag­ing the suc­cess­ful reset­tle­ment of peo­ple return­ing from prison, eliminating…