Death Penalty News and Developments for January 20 — January 262020

NEWS — January 24: Keith Bo” Tharpe has died on Georgia’s death row. He was 61 years old. Tharpe was tried and sen­tenced to death in 1991, a mere three months after his offense. His sen­tence was taint­ed by a racist juror who referred to Tharpe as a ni***r” and said he won­dered whether Black peo­ple even have souls.” Tharpe’s appeals lawyers said he like­ly died of com­pli­ca­tions from cancer.


NEWS — January 24: The Montgomery County, Pennsylvania District Attorney’s office has announced that it will not seek the death penal­ty for a fourth time against for­mer death-row pris­on­er Robert Fisher (shown receiv­ing a Purple Heart from President Lyndon Johnson). The announce­ment came less than two weeks after pros­e­cu­tors had con­ced­ed in an argu­ment before the U.S. Court of Appeals for the Third Circuit that Fisher, who was ini­tial­ly con­vict­ed and sen­tenced to death in 1987, was enti­tled to a new tri­al. Fisher had twice been uncon­sti­tu­tion­al­ly con­vict­ed and a death sen­tence imposed in a third pro­ceed­ing also had been overturned.


NEWS — January 20: The U.S. Court of Appeals for the Fifth Circuit has grant­ed Texas’ motion to recon­sid­er the Circuit panel’s deci­sion over­turn­ing death-row pris­on­er Melissa Lucios con­vic­tion. In an unpub­lished, unsigned opin­ion issued on July 29, 2019, a unan­i­mous three-judge pan­el of the U.S. Court of Appeals for the Fifth Circuit had over­turned Lucio’s con­vic­tion for alleged­ly killing her two-year-old daugh­ter, find­ing that the tri­al court had vio­lat­ed her right to present a com­plete defense when it blocked her from call­ing an expert wit­ness to show that state­ments she gave to police had been coerced. The defense had pre­sent­ed evi­dence at tri­al that the child had died from head trau­ma from falling down a flight of stairs and had not been beat­en to death.