Publications & Testimony

Arnold Holloway, a Pennsylvania death row inmate who was convicted 18 years ago, was granted a new trial after a federal appeals court found that prosecutors improperly excluded blacks from the jury. The U.S. Court of Appeals for the Third Circuit said that an assistant district attorney in Holloway’s case used 11 of his 12 peremptory strikes during jury selection to eliminate blacks. “The pattern here was certainly strong enough to suggest an intention of keeping blacks off the jury,” said…

Kansas City Star January 29, 2004 Editorial After deciding to review a Missouri case, the U.S. Supreme Court has the opportunity to stop death penalty sentences on those who were minors when they committed crimes. Since 1973, states have put to death more than 20 juveniles. Justice John Paul Stevens rightly labeled such executions “shameful” and Justices David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer agreed. Experts believe a decision in this case will rest with Justices Sandra…

Arizona Daily Star January 29, 2004 Editorial Public sentiment and state practices are leading the way, and now the Supreme Court has agreed to decide whether criminals can be executed if they committed their crimes when they were 16 and 17 years old. The court agreed to hear an appeal from the Missouri Supreme Court. That court ruled last year that executing Christopher Simmons, now 27, would amount to a violation of the Eighth Amendment’s provision against “cruel and unusual punishment.”

Baltimore Sun January 28, 2004 Editorial In America, youngsters under the age of 18 can’t buy cigarettes. They can’t be served a cocktail in a bar or pick up a six-pack of beer. They can’t vote. They can’t own property outright. And yet, executing someone who committed a heinous crime at age 16 or 17 is permissible in this society. Condoned in 22 states. Practiced vigorously in at least one, Texas. Only in America. The U.S. Supreme Court has the opportunity to put a stop to that barbarous…

St. Louis Post-Dispatch January 28, 2004 Editorial Next fall, the U.S. Supreme Court will decide whether the United States will join the rest of the civilized world in banning the execution of juveniles. The court announced this week that it will review last summer’s Missouri Supreme Court ruling that the execution of 16- and 17-year old murderers conflicts with society’s evolving standard of decency. The state Supreme Court overturned the death sentence of Christopher Simmons, who was 17…

Denver Post January 28, 2004 Editorial We view with a glimmer of hope the U.S. Supreme Court’s announcement that it will decide on the death penalty for minors on an appeal from Missouri. That the United States was the only country that carried out any executions of juvenile offenders worldwide during 2002 is a shameful stain on the nation that weakens any claim to being civilized in the 21^st century. The case that the U.S. Supreme Court will review involves the appeal of a ruling last…

Just one day before Georgia was scheduled to execute Willie James Hall, the state’s parole board commuted his sentence to life in prison without parole. During the hearing on Hall’s request for clemency, 6 of the jurors from his original trial testified that they would have given Hall life without parole if that sentence had been an option at his trial. In addition, the parole board noted that Hall had excellent behavior in prison and no criminal record before the murder. In 2001, a federal…

The U.S. Supreme Court has agreed to consider whether the execution of those who were under the age of 18 at the time of their crime violates the Constitution’s ban on “cruel and unusual punishment.” The Court will likely hear arguments in the case of Roper v. Simmons , No. 03 – 633, this coming fall. The Justices have not visited this issue since 1989 and will likely decide whether there is now a national consensus against the practice of executing juvenile offenders. The Justices used a similar…

On February 5^th, Texas is scheduled to execute Scott Panetti, a mentally-ill man who defended himself at his trial despite the fact that he suffers from schizophrenia and bipolar disorder. Panetti was convicted of killing his parents-in-law in 1992, several years after he was first diagnosed with schizophrenia. He was hospitalized for mental illness in numerous facilities before the crime. Evidence suggests that Panetti was psychotic at the time of the shootings, and that he may not have been…

Former Kansas Republican state senator Tim Emert recently urged members of the Kansas Senate Judiciary Committee to enact a moratorium on imposing the death sentence and executing those who have already been sentenced to die. Noting that capital punishment was his most troubling issue when he was a member of the Kansas legislature, Emert stated, “I came to the conclusion the only vote I could live with was a ‘no’ vote on the death penalty in Kansas. I could not, in my mind, be pro-life and pro…