Publications & Testimony

The American Bar Association (ABA) has voiced sup­port for leg­is­la­tion to impose a two-year mora­to­ri­um on exe­cu­tions in North Carolina while the state stud­ies its death penal­ty. In its announce­ment, the ABA not­ed a ​“grow­ing con­sen­sus with­in the legal com­mu­ni­ty that North Carolina urgent­ly needs a mora­to­ri­um on exe­cu­tions until it eval­u­ates issues of fair­ness, due process and pos­si­ble racial bias in its death penal­ty sys­tem.” The bill, which was recent­ly passed by the North Carolina Senate, is…

Houston Police Chief C.O. Bradford said that crim­i­nal defen­dants in Texas are at the mer­cy of pros­e­cu­tors in an unfair sys­tem that empha­sizes win­ning rather than jus­tice. Bradford said that he believes there is suf­fi­cient prob­a­ble cause to con­vene a court of inquiry to inves­ti­gate the entire Police Department crime lab, not just the DNA por­tion (see below). Bradford also voiced sup­port for changes that would help to bal­ance the Texas jus­tice sys­tem, which he believes cur­rent­ly works in favor…

As Kansas law­mak­ers strug­gle to make ends meet, some are call­ing for an exam­i­na­tion of the costs asso­ci­at­ed with cap­i­tal pun­ish­ment. Senators Steve Morris and Anthony Hensley have oppos­ing views on the death penal­ty, but the men recent­ly joined forces to pro­pose an audit of the state’s death penal­ty. Among oth­er items, the audit will review $9 mil­lion in expens­es filed by the Board of Indigents’ Defense Services between 1995 – 2002. The fund­ing was used to defend those fac­ing capital charges.

An edi­to­r­i­al by Dr. Cyril H. Wecht, past pres­i­dent of the American Academy of Forensic Sciences, notes that crime labs are over­whelm­ing­ly back­logged with work and that defi­cien­cies of per­son­nel, space and equip­ment in foren­sic sci­ence labs often lead to shod­dy prac­tices and erro­neous test results, as recent­ly exem­pli­fied by the prob­lems uncov­ered at the Houston Police Department DNA lab (see below). Dr. Wecht…

For near­ly two decades, Dennis Halstead, John Kogut, and John Restivo main­tained their inno­cence in the 1985 mur­der of 16-year-old Theresa Fusco. Although DNA test­ing in the 1990’s cast doubt on their guilt, the men remained in jail in New York because a judge deemed the tests not reli­able enough to over­turn the con­vic­tions. Now the men have been freed from prison after pros­e­cu­tors joined defense attor­neys in ask­ing a sec­ond judge to vacate the con­vic­tions based on more sophisticated DNA…

An arti­cle in the Wisconsin Law Review, ​“The Right to Effective Assistance of Capital Postconviction Counsel: Constitutional Implications of Statutory Grants of Capital Counsel” by Celestine Richards McConville, exam­ines the need for expe­ri­enced and effec­tive coun­sel dur­ing state and fed­er­al cap­i­tal post­con­vic­tion pro­ceed­ings. The author notes that, ​“Despite the impor­tant role of post­con­vic­tion coun­sel, the United States Supreme Court has held that crim­i­nal defen­dants seeking state…

Ohio Governor Bob Taft has grant­ed clemen­cy to Jerome Campbell, who was sched­uled to be exe­cut­ed on June 27^th for a 1988 mur­der in Cincinnati. The clemen­cy, Taft’s first since he took office, fol­lows the rec­om­men­da­tion of the state’s Parole Board, which vot­ed 6 – 2 in favor of clemen­cy. Defense attor­neys main­tain that Campbell should be retried because a DNA test he request­ed from the state showed that blood on his gym shoes intro­duced as tri­al evi­dence was Campbell’s own blood, not the…

The Diet Members’ League for Abolition of the Death Penalty, a par­lia­men­tary group of the gov­ern­ing Liberal Democratic Party, has draft­ed leg­is­la­tion to replace the death penal­ty with life in prison. In addi­tion, the bill would estab­lish pan­els in both Houses of the Diet to study cap­i­tal pun­ish­ment. The bill does not pro­pose an imme­di­ate aban­don­ment of cap­i­tal pun­ish­ment, but instead impos­es a four-year mora­to­ri­um on exe­cu­tions. During this time, the par­lia­men­tary pan­els would be charged with…

In ​“Last Meal,” Jacquelyn C. Black recre­ates the last acts of 23 peo­ple exe­cut­ed in Texas. Photographs depict­ing each inmate’s last meal are accom­pa­nied by descrip­tions of the inmates, and tran­scripts of their last words before exe­cu­tion. The book also con­tains gen­er­al infor­ma­tion about the death penal­ty. Award-win­ning direc­tor Liz Garbus notes, ​“This pow­er­ful and dis­turb­ing book gives invalu­able insight into the inhu­man­i­ty of the death penal­ty, while pro­vid­ing a snap­shot of the humanity and…

Lewis, Neil A., ​“Rules Set Up for Terror Tribunals May Deter Some Defense Lawyers,” New York Times, July 13, 2003Lyall, Sarah, ​“Families of 2 British Terrorism Suspects Oppose Military Trials by the U.S.,” New York Times, July 5, 2003.Lewis, Neil A., ​“Six Detainees Soon May Face Military Trials,” New York Times, July 4, 2003.Safire, William, ​“Kangaroo Courts,” New York Times, November 26, 2001 McVeigh Errors Raise…