Publications & Testimony

The British Court of Appeal has over­turned George Kelly’s 1950 mur­der con­vic­tion more than half a cen­tu­ry after Kelly was exe­cut­ed for the mur­der of a Liverpool movie the­ater man­ag­er. In his rul­ing, Judge Bernard Rix called the con­vic­tion​“a mis­car­riage of jus­tice which must be deeply regret­ted” and not­ed that the case against Kelly was entire­ly cir­cum­stan­tial and lacked any foren­sic evi­dence. The case was reex­am­ined after new evi­dence of Kelly’s innocence…

U.S. Magistrate Jerry Davis has found that the way inmates are treat­ed on Mississippi’s death row con­sti­tutes cru­el and unusu­al pun­ish­ment in vio­la­tion of the Eighth Amendment. Noting that the death row at Patchman prison is so harsh and filthy that inmates are being dri­ven insane, Davis stat­ed,​“No one in a civ­i­lized soci­ety should be forced to live under con­di­tions that force expo­sure to anoth­er per­son­’s bod­i­ly wastes. No mat­ter how heinous the crime committed,…

On May 28^th, Virginia is sched­uled to elec­tro­cute Percy Levar Walton, a Virginia death row inmate who does not know what year it is or that he can­not eat at Burger King once he has been exe­cut­ed. In a pend­ing clemen­cy peti­tion to Virginia Governor Mark Warner and in an appeal to the U.S. Supreme Court, Walton’s attor­neys pre­sent­ed expert med­ical evi­dence, includ­ing tests by prison doc­tors, show­ing that their client suf­fers from schiz­o­phre­nia and psy­chosis. They note that…

In​“Forced Medication of Legally Incompetent Prisoners: A Primer,” Kathy Swedlow uses cas­es such as Singleton v. Norris to exam­ine the legal back­ground and heat­ed debate sur­round­ing the issue of invol­un­tary treat­ment of death row pris­on­ers to make them sane enough for exe­cu­tion. Swedlow notes that many of those who sup­port cap­i­tal pun­ish­ment find the hold­ing in Singleton (which allows forcible med­ica­tion) unset­tling. She con­cludes that​“even assum­ing Singelton’s…

Dave Lindorff’s arti­cle​“Unjust Executions” goes beyond the issue of inno­cence and explores cas­es where guilty defen­dants may have been exe­cut­ed despite uncon­sti­tu­tion­al tri­als. The arti­cle, avail­able on Salon​.com (May 6, 2003), fea­tures exam­ples of courts bar­ring new evi­dence and com­ments from death penal­ty experts such as Robert Blecker of New York Law School, a staunch death penal­ty advo­cate, who nev­er­the­less admits that:​“There are def­i­nite­ly plenty of…

The Texas Senate passed leg­is­la­tion (S.B. 1045) to cre­ate a joint inter­im com­mit­tee on post-con­vic­­tion exon­er­a­tions. The com­mit­tee will study wrong­ful con­vic­tions in the state and iden­ti­fy appro­pri­ate improve­ments in the crim­i­nal jus­tice sys­tem to pre­vent such errors in the future. The nine mem­bers of the com­mit­tee will include a state’s attoney, two mem­bers cho­sen from the Senate Criminal Justice Committee, two mem­bers of the House Criminal Jurisprudence…

Kentucky Governor Paul Patton said that he will com­mute the death sen­tence of Kevin Stanford, a juve­nile offend­er whose 1989 case before the U.S. Supreme Court result­ed in a rul­ing allow­ing the exe­cu­tion of those who were 16 or 17-years-old at the time of their crime. This will be the first time Patton has com­mut­ed a death sen­tence since he took office, and he not­ed in his announce­ment that the jus­tice sys­tem​“per­pet­u­at­ed an injus­tice” in Stanford’s case. Stanford has…

Juries in 15 of the last 16 fed­er­al cap­i­tal tri­als have declined to impose the death penal­ty, despite a more aggres­sive pur­suit of this pun­ish­ment by the Justice Department. Since President George Bush took office, 15% of the cap­i­tal tri­als have result­ed in death sen­tences, com­pared to 46% of cas­es in which the death penal­ty was sought from 1988 to 2000. Legal experts believe that over­reach­ing by pros­e­cu­tors and some jurors’ grow­ing unease with the death penalty may…

A recent edi­to­r­i­al in The Beacon Journal notes that Ohio Supreme Court Justice Paul Pfeifer, who played a lead­ing role in writ­ing Ohio’s death penal­ty statute 22 years ago when he was chair of the Senate Judiciary Committee, is now call­ing for pas­sage of leg­is­la­tion to ana­lyze the state’s death penal­ty sys­tem. The review, which also has the endorse­ment of the Ohio State Bar Association, would cre­ate a Capital Case Commission to study the state’s death penal­ty and make reform…

“Burden of Proof” is a 32-minute doc­u­men­tary detail­ing the need for a mora­to­ri­um on exe­cu­tions in North Carolina. The video was pre­pared by New Context Video Productions and offers evi­dence to sug­gest that North Carolina’s cap­i­tal pun­ish­ment sys­tem is bad­ly bro­ken and in need of a leg­isla­tive review. (June 2003) Watch the…