Publications & Testimony

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 of…

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 notes: There can be little doubt in the minds of trained, experienced forensic…

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 victim’s.

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, 2003 Lyall, 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 Doubts About Other Capital Cases, USA Today, May 16, 2001 (editorial)…

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