This op-ed pleasantly surprised me. The writer very bluntly addresses the time Alan Gell spent on death row in North Carolina. He challenges the readers about their thoughts on whether the innocent are ever convicted and/or executed. Personally, I don't understand how anyone can think that innocent people don't get locked up for crimes they didn't commit. Its been proven that innocent people have been exonerated from DEATH ROW. If you ask me, its probably even more common that innocent people are locked up for lesser crimes. After all, even I will admit that, generally, more time and money are focused on prosecution of a capital murder. Clearly, prosecutors have more incentive to get it right with a death sentence (not to say they always realize that). There are more appeals available in capital cases as well (I'm not saying they are enough or that they make up for the punishment). If you are convicted of a rape or a robbery or an accidental murder that you didn't commit, you don't have all of the same options; and, unless you're Kobe Bryant, the prosecution is probably not going to spend as much time making sure the details of the case are all perfectly in line the way they do with a capital crime. Now, combine that with the fact that the prosecution of capital crimes has been known to be flawed and has put innocent people in the death house, what does that say about those arrested for other crimes? Am I cynical? Yes. Too much so? Well, that remains to be seen.

Injustice deserves jail, too

Apparently, there is a large controversy in Oregon over the application of its death penalty. According to this article, there are difficult issues surrounding who gets the death penalty and why in the State of Oregon. My impression, after reading the article, is that the state's application of the death penalty is horribly arbitrary and unfair. Its clear that prosecutors will let a convicted murderer avoid the death penalty by taking a plea bargain. However, if you maintain your innocence and refuse to take the plea, you get a death sentence (or a sentencing trial anyway). That's a pretty screwed up system. If you are innocent, you're sunk either way. You either get death if you refuse to plea or you end up spending your life in prison with no option of appeal. Obviously, it is not often that an innocent person would be put in this position, but what of his or her constitutional rights if they are? I guess those rights have already been stomped on so much by this time that it doesn't matter either way...6 of one, half dozen of another. At least with the death sentence, you don't admit guilt and you have the option of appeals. Nice first choice eh?

Killers' deals to avoid death put Oregon's system on trial

This is a great article on Paula Cooper, a juvenile who was sentenced to death in Indiana in the 1980s. Her death sentence was later overturned by the state Supreme Court after the Indiana legislature passed a law preventing the execution of those who's crimes were committed as juveniles (Cooper was 15 at the time of her crime). The article discusses at length why the death penalty is not appropriate for juveniles and it tells the encouraging story of Cooper who appears to have rehabilitated. Cooper received a college degree and now works to train assistance dogs. She is eligible for parole in 2015, but her sentence is for 60 years and would not end until 2045.

This quote from Cooper is worth reading:

"Everybody has a responsibility to do right or wrong, and if you do wrong, you should be punished. Rehabilitation comes from you. If you're not ready to be rehabilitated, you won't be."

Incidentally, the authors of this article were all 15 years old--the same age Cooper was at the time of the murder. At one year older, Cooper was on death row.

Inmate has overcome anger while serving time

This is an outstanding article on Rick Halperin. Halperin (for those who don't know) is a professor and human rights activist in Texas. He is president of the Texas Coalition to Abolish the Death Penalty and he once headed up Amnesty International USA. Halperin has dedicated the greater part of his life to abolition of the death penalty. I have a link in my sidebar to his website for those who are interested. Halperin tracks death penalty related news from around the world and keeps links to a myriad of statistics. Here is my favorite quote from the article:

"But for Halperin those are secondary arguments [innocence, racism, cost, etc.]. His revulsion boils down to one fundamental principal: the immorality, he says, of taking a human life at any time and for any reason.

'There is no such thing as a lesser person,' he repeatedly insists. 'There are different people, but they're not lesser.'"

Amen, Rick. Amen.


For Dear Life

I thought it was time for a new look. I think this suits me a bit better for the time being. I hope y'all like it. The text seems a bit small, but it looks crisper than the last template. I also added a quote that I will change from time to time.

Texas

I was looking at the list of scheduled executions for the remainder of the year. Get this, Texas has already executed 13 men this year. There are three months left in the calendar year. In the month of October, Texas is scheduled to execute 5 men. The total is the same for November and then in December the state is scheduled to execute 1 woman. That's 11 more and almost half of its total executions for the one year. It is also 1 more than the total of all other states combined during those same three months (of what is scheduled thus far anyway).

Lee Boyd Malvo, the teenager involved in the Washington D.C. area sniper shootings has agreed to a plea of guilty to two of the shootings in Virginia which will allow him to receive a life sentence and avoid the death penalty. The elder of the sniper shooters, John Muhammad, was convicted and sentenced to death for another of the Virginia murders. Malvo could still be tried for that murder.

Teenage Sniper to Plead Guilty in Two Shootings

Woohoo! Despite Senator Sessions' valiant attempts, the Senate Judiciary Committee sent the DNA bill to the Senate floor today by a vote of 11-7.

Senate Committee Passes DNA Crime Bill

I don't know who wrote this editorial in the Cavalier Daily (newspaper of the University of Virginia), but it pretty much sums up how I feel about things. It is very well written and well argued. Check it out!

Death to death penalty

David Dawson

David Dawson, who is currently a prisoner on Montana's death row, has asked the court system for a mental evaluation. His attorneys have said he is not competent to waive his appeals and have asked for a competency hearing and permission to hire their own expert. Dawson has asked the court to hire an "unbiased" expert to do the exam so that his record is clear and honest regarding his ability to decide his own fate.

Dawson wants court to order mental exam

Apparently, even folks in Alabama disagree with Senator Sessions' recent stance against the DNA bill (I'm not really surprised to be truthful). Attached is a link to an editorial from the Decator, Alabama Daily News.

Sessions needs to stop blackballing DNA bill

Andrew Flores - Texas

The State of Texas executed Andrew Flores tonight. He was pronounced dead at 6:20 pm. Before his death, Flores apologized to his victim's family and expressed his love to his friends and relatives. He was 32 years old.

Gang leader who fatally shot store clerk executed

I thought I would cross-post a comment I posted on the NCADP blog. It may spark discussion, it may not. As always, do with it as you will (this was in response to a comment about Senator Sessions' objection to the DNA bill).

--

Well...that's only partially true. In many cases, there is evidence that only one person was around the victim at the time of the murder. If there was DNA found on the scene (particularly semen), and that DNA is not your's, its pretty good evidence that you were not the one person there. Such evidence is particularly helpful in rape cases. At the VERY least, evidence of another person's DNA at a crime scene provides serious reasonable doubt of the defendant's guilt. Our justice system relies on the burden of proof. A defendant is not to be found guilty if the prosecution cannot prove beyond a reasonable doubt that the accused is guilty. If the jury is given reasonable doubt by the presence of another's DNA, then the defendant should not be convicted. So, even in cases where DNA would not completely exonerate a defendant (there were multiple participants, time is off, etc.), its availability is still strong evidence of reasonable doubt. Do we really want to kill people who we have a reasonable doubt may not have committed the crime?

I don't know about the folks at NCADP, but many of the abolitionists that I know are against the death penalty for a myriad of reasons and not just because the justice system is imperfect. For many, it is just a moral outrage. That said, most of us are not against punishing criminals. Of course, people who commit crimes should be punished. It is, however, a completely different animal to murder someone for a crime that they did not commit. At least if you discover that someone who is punished only by imprisonment is not guilty, you can free the person after you discover their innocence. Once a condemed person is executed, they are gone forever...a mistake cannot be corrected. There is a difference. Personally, I abhore violence of any kind. If you murder someone, you SHOULD be punished. I just do not believe that punishment should involve the taking of your life.

Alan Gell

The two North Carolina prosecutors who helped put Alan Gell on death row are having their actions reviewed before the State Bar disciplinary committee later this week. According to reports, the two prosecutors failed to turn over evidence of Gell's innocence to his defense team. They claim that they were either unaware of the statements or did not understand that they needed to turn the evidence over the defense lawyers.

First, its one of the key protections a defendant in a criminal trial has: the right to any exculpatory evidence. They teach that in criminal procedure 101 and every criminal prosecutor (certainly one trying a capital murder) should know those rules inside and out. If there is any evidence that could exonerate a defendant or shed doubt on his or her guilt, the prosecution is obligated to turn it over (within parameters). This is part of providing a fair and just trial.

Second, there is a great quote in the article that really sums it up for me. It comes from Tye Hunter who heads the NC State Defense Bar. He states "If they had taken 500 bucks from Gell, they'd be disbarred. But they took years of freedom from this man, and there's nothing worse that you can do than deprive someone of their freedom." Gell served 6 years on death row. I don't know how you compensate for even one day on death row, for even one day of contemplating your pending murder for something you didn't do. In every law student's professional responsibility course, he or she is taught the two main rules of professional responsibility: don't sue your clients and don't steal money from them (well, we're also reminded not to sleep with them). A lawyer cannot even borrow so much as $1 from his client's trust account without being subject to disbarrment. The professional responsibility rules are clear on that. Doesn't it seem clear that approaching a man's freedom with such a cavalier attitude should be just as unethical?

Gell Trial Under Review

Andrew Flores

Andrew Flores will be executed tomorrow night by the State of Texas. He has exhausted all of his appeals and the Texas Board of Pardons and Paroles denied his commutation request 6-0.

Please keep the families of both Mr. Flores and his victim, John Moreno, in mind as the week progresses.

Former gang leader faces execution Tuesday

David Elliot opined today on Senator Sessions' issues with the DNA testing legislation currently before the Senate. Check it out, he writes some good stuff!

Ricky Dale Newman

The Arkansas Post Prison Transfer Board has denied a clemency request made on behalf of Ricky Newman. The request was denied in part because it was not made by Newman or his attorney and in part because Newman has waived all of his appeals and definitively stated he wishes to be executed.

Newman is scheduled for execution on September 28th.

Panel denies death row inmate's clemency application

Here is an outstanding Op-ed in the Toronto Star on the death penalty in the US. Its written by a Canadian Lutheran clergyman.

Capital punishment goes undebated in U.S. election

I hate that I am like this (stereotyping), but frankly, I am not surprised that it is a Republican senator from Alabama who is trying to hold up the DNA testing legislation that is currently before the Senate. Senator Sessions seems to think that testing the backlog of DNA in our nation's crime labs is not worth the money. I wonder how much money it would be worth to him to concretely exonerate someone who was serving time for a crime they didn't commit? How much would it be worth to exonerate a death row inmate who did not commit the murder for which he is held? My guess is that it wouldn't be worth much to Sessions. He strikes me as the kind of death penalty advocate who believes that even if an inmate didn't commit the murder for which they were convicted, they probably did something somewhere else and it'll be no big loss to kill them. Heck, why should the taxpayers pay to free someone like that? Nevermind the fact that our justice system does not work effectively when a key piece of lab work is backlogged. How does a defendant get a speedy trial when the DNA is backed up? ahhhh the Constitution...how could I forget?

Forgive the sarcasm...this is a tiring job sometimes.

Billions to test DNA snagged

Here is a very interesting article on the differences between John Kerry and George Bush when it comes to the death penalty. Its written for a Catholic website, so it is not unbiased, but then again, neither am I! Our friend, David Elliot, is quoted in the article as saying "Kerry would be the most anti-death penalty president elected in the modern era." I already knew that, but it's excellent to see it getting more publicity.

Kerry, Bush at near-opposite extremes on death penalty

There is another lawsuit to try to prevent use of lethal injection under the 8th amendment. According to the law suit (similar to others filed), lethal injection is cruel and unusual punishment because there is no way to know if the condemned is suffering from the drugs that kill him or her because they are under a paralytic drug that does not allow them to speak or move. There is no way to know if the anesthesia remains effective throughout the application of the other chemicals. Death penalty advocates have called this the death penalty opponent's "case du jour." Its much more than that though. Some argue that lethal injection is the "most humane" way to execute someone. If that is true, and lethal injection may be torturous to the victim, then perhaps the statement is that the "most humane" manner of execution is not humane at all. Perhaps, if the arguments of these lawsuits are true, there is no humane way of executing someone (after all, they are ending the life of a human being).

Lawsuits seek to ban lethal injection

This is a very informative article covering the recent survey issued by the Death Penalty Information Center. According to the survey, juries have issued far fewer death sentences in the last few years. The report makes some conclusions about the reasons for this trend, including the possibility that the number of recent exonerations may have played a role.

Fewer Death Sentences Being Imposed in U.S.

Looks like the New York Assembly will not be voting on a "fix" to the death penalty this year. Should I jump up and down or would that just be silly?

New York Death Penalty

This article from a Scottish newspaper is a commentary on President Bush and the "faces" he displays in his campaign (and his presidency). I'm posting the link for the information on GWB and the death penalty. It is not as a comment on GWB himself and I don't feel I can make a statement on the accuracy of the rest of the article. Please, take it for what its worth...

Unmasked: The George W Bush the President Doesn't Want the World To See

The below link is to a very interesting commentary on the Innocent through DNA legislation which is currently before Congress (see below entry about Bloodsworth). The last paragraph of the column is particularly poignant.

DNA Legislation Hits Snags

Kirk Bloodsworth is at the front of a lobbying effort to persuade Congress to pass the Advancing Justice Through DNA Technology Act. As you may know, Bloodsworth was the first former death row inmate who was exonerated through use of DNA evidence. The bill calls for over a billion dollars in federal monies toward the testing of rape kits and other crime scene evidence and to make crime labs more efficient nationwide. It will also allow for post-conviction DNA testing and allow inmates to attempt to prove their innocence through DNA analysis.

I recall reading in the past that this bill may have also included a provision related to efforts to backlog DNA and keep a record of every the DNA of every person arrested for a violent crime in order to use it to track future crimes. From a civil liberties standpoint, I'm not sure what I think of that (I have a good idea though). I'm not sure yet how I think that compares to a fingerprint and the assurance against self-incriminating (although some would argue that the 5th amendment only applies to "testimony"). This is not to mention the constitutional assurances provided under the 4th amendment (search and seizure) and the right to privacy. Obviously, innocent people get arrested for violent crimes. Why should their DNA be on file and their privacy invaded because they were falsely arrested? After all, you don't lose your civil rights (in theory) until you are CONVICTED of a felony (2d amendment rights, right to vote, right to serve on jury, etc.). So, why should you lose the right to keep your DNA private? What level of probable cause should be needed to secure such a sample? Thoughts anyone?

Victims Push for DNA Bill On Hill

James Edward Reid - Virginia

The Commonwealth of Virginia executed James Reid tonight. He was 58 years old. Reid had been fighting his execution in the courts and the United States Supreme Court had stayed his execution this past December. The Court lifted that stay in August and refused his last attempt at an injunction to stay his execution earlier today. Reid had most recently argued that the form of lethal injection used in Virginia (the actual chemicals) was unconstitutionally cruel and unusual punishment. According to reports, Reid also had fair arguments under Atkins and other case law that he should have been granted clemency based on his mental status and his IQ. Reid was pronounced dead at 9:12 pm. Please keep his family and the family of his victim in your thoughts.

James Reid Executed

Alan Gell

This is a great article on the story of Alan Gell who was released from death row in North Carolina back in February after a new trial and a not guilty verdict. Gell has been fighting for a moratorium on executions in North Carolina since his release.

Incidentally, there is a very interesting quote in the article from Gell regarding something the State wrote in one of their responses to his legal papers. The State apparently wrote "So what if he is probably innocent, he got a fair trial." YEESH. That statement on its own says a great deal about the attitude of some people in our criminal justice system: just convict someone, it doesn't matter who.


Gell tells story of freedom

Well, at least they're doing something... The National Institute for Trial Advocacy is holding one of its seminars (famous for boot camp type style) for criminal defense lawyers in Texas to help lawyers represent accused capital murderers. There are 50 criminal defense attorneys going through the program in Houston this weekend.

Class Aims To Improve Defense Lawyers In Death Penalty Cases

James Reid

The sister of James Reid is pleading for her brother's life and asking the governor for clemency. Reid is scheduled to be executed on Thursday evening in Virginia. Reid's sister argues that Reid should be spared because his attorney botched his defense. According to Reid's sister, Reid's counsel put on no defense and at times nodded off at counsel's table. Reid suffered seizures as a child which caused brain damage and has an IQ of 79. During his trial, his lawyers told him he could not receive the death penalty and he had no defense. They encouraged him to file an Alford plead to his indictment before ever reviewing his medical records. An Alford plea is tantamount to a guilty plea where the defendant does not admit the act but admits the prosecution is likely to find him guilty. Reid's counsel apparently advised him that if he made an Alford plea he would probably get a sentence of 20 to life. Since Reid's conviction, his trial counsel has been forced to give up his license for making false statements to the state bar about his representation of Reid.

Sister pleads for stay of execution

The attached article references the penalty phase of Coy Evans in Florida who is being tried for the shooting death of a Tallahassee police sergeant. The article has a very good description of what a lawyer's goals and plan should be in trying to save his or her client's life during the penalty phase.

Trying to make a case for life

Charles Malloy

Pennsylvania death row inmate, Charles Malloy, has been given a new sentencing hearing. Malloy's death sentence was vacated by the Pennsylvania State Supreme Court on Wednesday. The court found that a jury would not have been likely to sentence Malloy to death had they been able to consider all of the available mitigating evidence. Essentially, the court geld that Malloy had had ineffective assistance of counsel during the penalty phase.

Death penalty vacated

Philip Workman

A federal judge has granted Philip Workman a stay of execution. Workman is on death row after being convicted in 1982 of killing a Tennessee police officer. He has come within hours of death on more than one occasion. However, there are serious doubts about his guilt. An eyewitness has recanted and new evidence was discovered after his conviction. Still, the Tennessee Supreme Court voted to set Workman's execution (scheduled for September 22). The federal court entered a stay of execution until the United States Court of Appeals for the Sixth Circuit hands down its ruling in the case of Abu-Ali Abdur'Rahman.

Workman's execution stayed by federal judge

Wow. I had no idea of the prevalence of perjury. Well, I mean I knew that witnesses lie, but I guess I was just in denial about how often those lies lead to false convictions. 22% of those exonerated when perjury was revealed faced execution. WOW. So, how many people have been put to death or spent the remainder of their natural lives in a prison cell because of another person's lie? URGH.

Most Faulty Convictions Are A Direct Result Of Witness Perjury

Well, it looks like at least one state is taking the United States Supreme Court's 2002 ruling in Atkins v. Virginia seriously. The Court ruled in Atkins that it was unconstitutional to execute the mentally retarded. However, the Court issued no standard for determining the parameters of mental retardation. The ruling has also caused some discussion over whether it applies to mental illness as well as mental retardation. Some states have seemed to just ignore the Atkins ruling altogether. For example, as you may recall, Texas recently executed Kelsey Patterson who was clearly seriously mentally ill. In contrast, according to this article, the State of Mississippi has increased the number of mental exams being done in capital cases. This is apparently happening to assure its cases fall in line with the Court's rulings. In fact, two death row inmates in Mississippi have had their sentences commuted to life due to the results of their post-Atkins mental examinations.

Mental exams in death penalty cases are more common

Randy Steidl

For those of you familiar with the case of Randy Steidl in Illinois, I have attached a link to a very interesting article about his case and about the underlying murders for which he was convicted. Steidl was released from an Illinois penitentiary in May after a federal judge threw out his conviction and ordered him to either be retried or released (it took almost a year before Steidl was released). Steidl served twelve years on death row before his sentence was commuted to life in prison when a court found that he received ineffective assistance of counsel during the penalty phase of his trial. He was imprisoned for over seventeen years total.

From Death Row to Freedom

Too funny. Apparently, there is a blogspot cyber-infringer out there at blogspot.org who runs directory websites through different blogspot domain names. So...if you want links to casino gaming, you can now turn to lonelyabolitionist on the blogspot.org server for several well populated searches (can you see my eyes rolling from there?).

Of course, I have no rights to the domain name lonelyabolitionist.blogspot.com or to the trademark "Lonely Abolitionist," but I still think its humorous...considering what I do for a living...

James Vernon Allridge III - Texas

Well, they killed him. The State of Texas proved it has no mercy where it comes to convicted killers. I had come to a sort of peace with James' pending death sometime yesterday. It was around then that I knew he would not be getting another stay. Still, I cried tonight when I read of his death. I had never met James, nor had I even spoken to him, but he represented something to me about the human condition. James represented the meaning of a second chance. James received a lot of attention due to his art and the friendship he had developed with Susan Sarandon. However, its not his art that made him rehabilitated. Its not his friendship with Sarandon. Rehabilitation is about attitude and day-to-day actions. From everything I have read, that kind of rehabilitation was evident in James on the day he died and for many years before that. This man had changed.

James Allridge was pronounced dead this evening shortly after 6:00pm. His final statement was calm and specific. Allridge spoke to his family and then to his victim's family, stating, "I am sorry. I really am. You, Brian's sister, thanks for your love. It meant a lot. Shane, I hope he finds peace. I am sorry I destroyed you all's life. Thank you for forgiving me. To the moon and back. I love you all."

God bless you James. I trust you have peace. I pray that the Brian Clendennen's family has also found some sense of peace.

Remorseful store clerk killer executed in Huntsville

Windel Ray Workman - Oklahoma

Windel Ray Workman was put to death by the State of Oklahoma at 6:00 pm this evening. Workman maintained his innocence throughout his confinement. He was the sixth person executed in Oklahoma this year.

Death row inmates in Texas, Oklahoma executed

There's a new blog in town. The below link is to the blog of Stand Down Texas, an organization calling for a moratorium on executions in Texas and around the country. Its run by an old friend of David Elliot's by the name of Steve Hall.

Apparently, word around town is that if this blogging trend continues, I might have to change my moniker. Dare you!

Check it out!

StandDown Texas

Michael Lee Fullwood

The death sentence of Michael Lee Fullwood was overturned today for the second time. Fullwood was sentenced to death in 1985 for the stabbing murder of Deidre Waters. That sentence was overturned by the United States Supreme Court along with others based on constitutional problems with the North Carolina death penalty system. Fullwood was again sentenced to death in 1994 for Waters' murder. This week, a Federal Judge overturned this death sentence because there was evidence that one of the jurors on the 1994 jury knew of Fullwood's previous death sentence. It is not clear from the article if Fullwood will be given another sentencing trial or if a judge will decide between life sentences. Either way, for now, Fullwood is off of death row.

Please keep Deidre Waters family in your thoughts as this turn of events has doubtless stirred up all of the feelings related to Deidre's murder all over again.

Death sentence overturned

Jasen Shane Busby - Texas

Jasen Shane Busby was put to death tonight in Huntsville, Texas. He was 28 years old. In his final statements, Busby acknowledged his role in the murders and apologized for the agony he had caused. Busby was only 19 at the time of the killings. He served almost one third of his life on death row. There is now a third victim to those killings. This one is a different kind of tragic, but doubtless no less painful for Busby's family. I hope and pray that his victims' families can now find some sort of peace--if this is what they needed to get there.

Inmate executed for double slaying of girls

Jasen Busby & James Allridge

Appeals have been filed on behalf of both James Allridge and Jasen Busby. With so much of the focus on James Allridge this week, Jasen Busby has kind of gotten lost in the shuffle. Jasen's execution is scheduled for tonight. Though he has not been reported as rehabilitated, his execution is still a tragedy. Please keep Jasen, his family/friends and the families of the victims (including Christopher Kelly who survived the shootings) in your minds today and tonight. Incidentally, in one article I read regarding the Busby case, the sister/cousin of the victims recognized how Busby's pending death must be causing his family to feel. However, her first quote was that he must pay for what he did. She will not be attending the execution.

Appeals filed to halt executions today, Thursday

James Allridge: Update

I received an email from David Elliot of NCADP yesterday alerting me that the Texas Board of Pardons and Paroles voted 6-0 to deny James clemency. The Texas Court of Criminal Appeals also rejected the bid for clemency.

In looking into this after getting David's email I found some articles on James and his quest for life. According to these articles, his attorneys are filing an emergency request for stay with the United States Supreme Court based on legal arguments of cruel and unusual punishment. The arguments contend that it would be cruel and unusual punishment to kill James after he has waited 17 years on death row and, in the meantime, has completely rehabilitated. Their arguments make the (VERY valid) point that in Texas the SOLE basis for a death sentence is future danger to society. Since James poses no such future danger, it would be cruel and unusual to kill him.

For more information, check out this link to an article republished from the Chicago Tribune. It is one of the few that I found that does not require registration on the website to read it.

I have added a link on my side panel to "Capital Defense Weekly." Anyone who cares about what is going on in capital defense work should check it out. From what I can tell, the site is specifically designed as a legal resource for those who work defending death cases, but it is updated frequently and has a lot of great information for anyone interested in this issue.

One Horrible Week

Four men are scheduled to be killed this week. Among them is James Allridge who I've written a great deal about. Many sources have written about James because his is a truly amazing story. However, there are three other men scheduled for execution this week. Each of them is also valuable.

Wednesday, the State of Texas is expected to kill Jasen Busby. I've been unable to find any news articles on Jasen that consist of anything other than a description of the crimes for which he was convicted. Nevertheless, Jasen is a human being who will die at the hands of the government at around 6:00 pm tomorrow night. If anyone finds an objective news article on Jasen please let me know. Then, on Thursday, the State of Texas is expected to execute James Allridge. Allridge is guilty of capital murder, he has admitted that. However, ALL available evidence shows that Allridge has changed. If anyone is deserving of mercy and clemency it is James. (Of course, I don't think anyone should be killed, but I certainly cannot see how killing James serves society in any fashion. To me, there is not even a credible argument.) Around the same time that night (6:00CDT), the State of Oklahoma is scheduled to kill Windel Workman. NCADP has a write up on Windel you can link to here. I was not able to find any other news writings on Windel. The last scheduled execution of the week is the Nevada execution of Robert Ybarra, Jr. on Friday. While we do expect a stay for Ybarra, it is always possible that this stay will not come. If it does not, Ybarra will be executed on Friday night around 9:00PDT.

Please keep all of these men, their families, and the families of the victims of these crimes in your thoughts this week. I will post more information as I get it.

The attached link is to a very interesting column by a teenage intern at the Detroit Free Press. The column discusses the double standard our country presents when it holds teenagers accountable for things in the same manner as adults (among other things, capital punishment and paying taxes) but does not allow them to vote.

Teenagers have adult reasons to vote

Here's another article on how June's ruling by the New York Court of Appeals has (apparently) confused the heck out of the criminal justice system in New York. I didn't think it was that hard. The Court said the law as it was was unconstitutional....so...there is no death penalty in New York until if and when (please God no) the state legislature brings it back with a "solution" to the problem. Those who are indicted for a crime committed during this time cannot be held liable with their lives. That would be an ex post facto application of a law and would violate the United States Constitution.

Across New York a Death Penalty Stuck in Limbo

My friend David Elliot, press god of the NCADP, has been updating his blog. If you haven't checked out the NCADP blog or the NCADP website, you should. NCADP is an outstanding organization that is working hard to get the word out on the travesty of the death penalty in the US and around the world. If this is an issue you care about, you should care about the NCADP.

David's blog (well, its really NCADP's blog but I still think of it as his) has a very good discussion of the new book out on the DNA exoneration: Bloodsworth: The True Story of the First Death Row Inmate Exonerated by DNA. Go check NCADP out, both the blog and the website have excellent information and are updated regularly.

I apologize folks. Some of my links have not been working. I've gone in and cleaned them up. Hopefully, they will now work. Thanks for reading!

James Allridge

The attached link is to an outstanding article on James Allridge, a death row inmate in Texas who has rehabilitated and is seeking clemency.

Allridge also has a website. His website can be found here. There is also a site with a petition to keep Allridge alive.

No Mercy

David Dawson

How's this for irony? David Dawson of Montana's death row has informed the Montana Supreme Court that he does not want anymore actions taken on his behalf because he wants to die. According to Dawson's attorney (who has continued to file papers for Dawson despite his refusing her assistance), Dawson's life at the state prison, combined with the suicides of two of his fellow inmates this past year, have taken a toll on him and he no longer has the will to live. She believes Dawson shouldn't be considered to be acting knowingly and voluntarily.

Essentially, she's right. Dawson is choosing death over life. There's where we find the irony: Dawson is choosing a suicide path, but because he does not have the courage to kill himself (or the capability because of suicide watch), he is asking the state to kill him instead. What does that say about the conditions of death row in Montana? What does it say that two of the then six inmates on Montana's death row have already committed suicide because of the state of things?


Killer quits court fight-Lawyer says death row has taken its toll

OK, I know people who are interested in this issue visit the blog. Doesn't anyone have any comments? Perhaps I should disable the comment feature eh? :-)

One of the reasons I started this blog was to encourage dialogue, so feel free to comment. (within reason of course, I do reserve the right to delete comments that are inappropriate, offensive or rude).

James Bryant Hudson - Virginia

James Bryant Hudson was executed by the Commonwealth of Virginia on Wednesday night. Hudson had waived all appeals and had requested an execution date. He plead guilty to the murders he was charged with and never challeneged his death sentence.

I'm never sure what to say when an individual asks to be executed. To me, it is essentially state assisted suicide. In terms of punishment, how can death be the ultimate punishment for someone if it is what they ask for? I mean, if one's argument for the death penalty is that certain murders deserve the most ultimate in punishment, how can you then justify an execution when the person being killed is choosing death over having to serve out his life in a prison cell? Logically, isn't the inmate essentially saying that he would rather die than spend his life in prison. This was certainly true of Terry Dennis who was killed last week in Nevada. It appears to also be true of Hudson. How is giving them what they want punishment? It ultimately only serves to punish the inmate's family. That, and it continues to push our society downward...

Hudson executed for three murders

Angel Luis Mateo

The article linked below discusses the huge cost the State of New York spent to prosecute the death sentence of Angel Luis Mateo. Mateo was sentenced to death in 1998 for the 1995 murder of a Rochester man. His death sentence was vacated by the New York Court of Appeals in its landmark decision earlier this summer. Mateo will be resentenced next week and the most stringent sentence he can be given is life in prison without possibility of parole. This is the same sentence the jury who gave him death could have given him instead of death. The State has spent approximately $1.5 million on Mateo's death sentence. That cost includes prosecuting the punishment phase and assisting in his defense through the appeals.

Mateo case cost $1.5 million

Looks like its possible the State of Texas may be getting its head screwed on a little tighter. This fall, the legislature will consider altering the criminal justice system in Texas to give juries the option of life without possibility of parole along with the option of death in capital cases. Right now, juries can choose death or life with possibility of parole in 40 years. I guarantee that a change in this approach to life without possibility of parole will decrease the number of death sentences. Stories of juries surveyed that I've seen in the past indicate that a lot of the incentive at a death sentence is fear that a convicted murderer might some day be released if he or she is not executed. With an option of life without possibility of parole, a juror who might be inclined to think a defendant does not deserve death will not be as afraid to vote for a life sentence.

There is one quote in this article that is particularly disturbing. A resident of Huntsville (were the Texas death chamber is) was quoted as saying: "For every guy that didn't do it, there are 1,000 who did," he said. "Most of them are just animals. Anybody that doesn't like the death penalty, tell them to walk through death row and open all the doors and let them all out. I think they'd change their mind." The quote was made in response to an inquiry about what effect the fact that there may be innocent people on death row would have on his opinion of capital punishment. Of course, most of us abolitionists do not advocate letting capital murderers out on the streets. We abhor violence and believe those who participate in it should be punished. We abhor violence of any type, however, and are still able to recognize the intrinsic value of a human life. Its not all about the unequal application of the death penalty, the possibility of rehabilitation, or the possibility of innocence. Those are strong factors for me. Ultimately though, its about life and the government sanctioned murder of a human being in the name of justice.

Texas Weighs Its Life or Death Decisions

Here is an excellent article on former Illinois Governor George Ryan and his quest to end the death penalty. There are some good quotes from the former governor. I like this one on lethal injection in particular:

"Think of the evolution of the death penalty. No hanging. No shooting. No electrocution. That makes it more culturally acceptable? A prisoner injected with a drug before a theater of witnesses ... So there is no blood, no catching on fire, no feet dangling and twitching. Then society thinks it's not too bad?"

Life's quest-Former Gov. George Ryan continues to push for end of death penalty

Todd Charles Boggess

North Carolina death row inmate Todd Charles Boggess was awarded a new trial by the North Carolina Supreme Court on Friday. According to the Supreme Court, there were problems with Boggess's jury from day one when the lower court allowed a juror on the panel who knew the victim's mother to remain. In addition, the Supreme Court found error with a jury instruction which implied to the jury that if they chose life in prison, Boggess might be paroled at some point. In North Carolina, a life prison term for a convicted first degree murder is automatically life without possibility of parole. This jury instruction issue is VERY similar to the issue which the New York Court of Appeals found improper. The instruction was different, but essentially, the effect was the same: the jury may be choosing death because they fear if they don't the defendant will someday be released on parole.

Man on death row gets new trial

Terry Jess Dennis - Nevada

Terry Jess Dennis was executed by the State of Nevada last night. Dennis had volunteered for execution and had vehemently waived all of his appeals. However, there are serious questions about Dennis' competence to choose execution. He had attempted suicide several times over the course of his incarceration and readily admitted he did not want to live.

Nevada death row inmate executed for 1999 Reno strangling

The New York State Senate voted on Wednesday to adopt the bill proposed by Governor Pataki to "fix" the New York death penalty.

Senate passes Pataki Bill

James Vernon Allridge III

Supporters of Texas death row inmate James Vernon Allridge III including his attorneys and family are asking the state Board of Pardons and Paroles to recommend life in prison. As of today, Allridge is scheduled to be executed on August 26th.

Allridge is, by all accounts, rehabilitated. He is not asking for absolution or for release but rather to be allowed to live his life out behind bars. I have more information on Allridge below in a previous post and I'm sure will be posting more about him as the next couple of weeks play out.

Supporters seek life for Death Row artist

Larry Eugene Hall

The South Carolina Supreme Court has overturned the death sentence of Larry Eugene Hall. Hall has served 12 years on death row for the murders of two teenage girls in the early 1990s. The Supreme Court found comments made by the solicitor during closing arguments to be improper because he asked the jury to weigh the life of Hall against the lives of the two victims.

Convicted Killer's Death Sentence Tossed

James Reid

The United States Supreme Court has overturned the stay of execution the United States Court of Appeals had granted James Reid this past December. Four of the Justices dissented.

Supreme Court vacates stay of execution

Nicholas Yarris

Nicholas Yarris was released from Pennsylvania's death row in January of this year when DNA evidence cleared him (DNA under the victim's fingernails, on her undergarmets, and in the killer's gloves belongs to a different man). Yarris announced today that he will sue Delaware County for damages for the 20 years he spent behind bars contemplating his own death.

Cleared by DNA, death row con will sue Delco

New York's governor, George Pataki, has introduced a bill in the New York legislature to "fix the flaw" in the New York death penalty. Pataki's proposed measures would give juries more options and would require a sentence of life without parole in cases where juries deadlocked. While this provision will give juries another option (instead of forcing them to choose death because they know if they remain deadlocked a judge will give out only a 25 year sentence), it will also negate the New York Court of Appeals ruling in June which essentially ended the death penalty in the State of New York. New Yorkers, now is the time to call your local legislators!

Pataki Introduces Bill to Restore Death Penalty

Ryan Matthews

After more than seven years on Louisiana's death row, Ryan Matthews has been exonerated. Today, a hearing was held that officially dropped the charges against Matthews. Matthews was on death row for the 1997 robbery and murder of Tommy Vanhoose. Matthews has always maintained his innocence and says he never gave up hope. DNA evidence ultimately vindicated Matthews when hair from a ski mask thrown from the getaway car was matched to that of another Louisiana inmate, Rondell Love. There have also been reports that Love has bragged about killing Vanhoose.

DNA evidence frees La. death row inmate

James Adams

This article from Sunday's Miami Herald is a moving account of the story of James Adams who was electrocuted by the State of Florida in 1984 for the murder of Edgar Brown. Twenty years after Adams' execution there remain serious doubts about his guilt. The entire case was built on circumstantial evidence. Furthermore, according to the article, for every piece of circumstantial evidence pointing at Adams' guilt there was a piece of countering circumstantial evidence that argued for his innocence.

Read the account, I'm sure you'll find the handling of the evidence and the prosecution of the case disturbing. Of course I feel that Adams should not have been executed even if he was guilty. However, the very idea that he might have been innocent makes me extremely angry and fills my heart with true sorrow and regret. Not only might an innocent man have lost his life, somewhere out there is a murderer who watched another man die on his behalf. He's responsible for two murders as far as I'm concerned: Edgar Brown and James Adams.

20 years after a man's execution, doubts over his guilt haunt case

Terry Dennis

The Nevada Coalition Against the Death Penalty is holding a candlelight vigil before the execution of Terry Dennis on Thursday. Dennis has waived his appeals and asked to be executed. The candlelight vigil will take place outside the Nevada State Prison in Carson City from 7:30 to 9:00 on Thursday evening. Dennis is scheduled to be executed at 9:00.

Las Vegas SUN: News briefs for August 9, 2004

This link is to a very interesting column in the Houston Chronicle about the standard applied when attempting to prove a wrongful conviction. The article is particularly focused on Texas, but it also addresses how federal courts deal with the same question. I guess I was never aware of what a wrongfully convicted prisoner faces in getting himself or herself released. The column discusses one case in particular where it appears the Texas Court of Criminal Appeals left a man to his prison sentence even though the DNA on the rape victim was not his. The Court apparently did not even order a new trial. To convict someone, a prosecutor must prove guilt beyond reasonable doubt. According to this column, once that guilt beyond reasonable doubt has attached, it nearly impossible to overcome. In the State of Texas, you must prove actual innocence beyond a reasonable doubt. This, in a jurisdiction that has killed three times as many inmates as the state with the next highest execution total.

Law tough on wrongly convicted

Here is another article on the upcoming ABC News series "In the Jury Room" wherein ABC will broadcast edited footage of the jury deliberations in the death penalty case of Mark Ducic.

In the Jury Room

James Barney Hubbard - Alabama

Well, they killed him. The State of Alabama executed 74 year old James Hubbard tonight. After 25 years on death row, Hubbard was pronounced dead at 6:36 pm tonight. Hubbard reportedly had colon cancer, prostate cancer and dementia. According to his lawyers, he was hardly able to stand. Still, the State insisted on killing him before his body laid down and died on its own. What purpose does that serve I wonder? From what I understand, there was likely no question Hubbard was guilty, but this one isn't about whether the Justice system got it right. This one is about human dignity. The purpose certainly isn't deterrence. I highly doubt any potential murderers out there are going to shudder in their shoes when thinking about Hubbard's execution. He spent 25 years on death row. That's over one third of his life. Is it retribution? The man was dying anyway. He had spent most of his life in a prison. How does this pay back society? Perhaps it is meant to be punishment, but frankly I think the real person punished was Hubbard's daughter.

I wish the Supreme Court dissenters had drafted an opinion. I would have liked to read what they had to say. I think its unfortunate that the majority doesn't have to issue an opinion on the question presented. I suppose though that by denying a stay, the Court is really saying that 74 is not too old. Here's hoping that this decision is not a sign of what may come with Roper and the execution of juveniles.

Alabama Executes 74-Year-Old James Hubbard

James Hubbard take II

Here's another article on the Hubbard execution scheduled for today. This one is more detailed. Once again, it includes some good quotes from our friend David Elliot of NCADP.

Execution Plan Draws Pleas for Killer, Ailing and 74

This article seems a bit biased, but I wanted to post it anyway. The article briefly discusses a greeting card business that Texas death row inmate, James Vernon Allridge III has started. The focus of the article is on a lawsuit being filed by the Victims Rights Office of the city of Houston. Apparently, there is a law in Texas known as the "murderabilia" law which arguably allows the State of Texas to confiscate any profits made by an inmate from their "ill gotten notoriety." In the article, Director of the Victims' Rights Office, Andy Kahan, expresses bafflement at the fact that actress Susan Sarandon visited Mr. Allridge and purchased some of his greeting cards. Mr. Kahan finds it difficult to understand why Ms. Sarandon would participate in supporting Mr. Allridge instead of making the same efforts to support the victims' families. What Mr. Kahan may fail to understand is that abolitionists like Ms. Sarandon and myself (I certainly am not trying to speak for Ms. Sarandon, but rather am hypothesizing her opinions) see the men and women on death row as additional victims. What makes it even more difficult to swallow is that the murder of those men and women is planned and executed (for lack of a better term) by our government...by our GOVERNMENT. Yes, most of those awaiting their deaths in our nation's death houses committed horrific crimes. Their victims certainly deserve nurturing and support. However, for those of us who believe that the death penalty is a moral outrage, those inmates who await their deaths need nurturing as well. They have become additional victims. Moreover, their families have become victims who now must deal with the murder of child, sibling or parent. Why do we need to create MORE heartache in the name of retribution, deterrence and finality? It certainly does not achieve justice. Why does the almighty state think that killing another human being creates closure? Does a victim's pain and anguish go away after he watches his loved one's killer filled with poison? Something tells me its not that easily relieved.

Texas Death Row Inmate's Greeting Cards Stir Controversy

James Hubbard

James Hubbard is scheduled to be executed by the State of Alabama on Thursday, August 5th. Hubbard is 74 years old and has been on death row for 25 years. He is one of the oldest awaiting execution in the nation. Hubbard's lawyers have asked an appeals court to block Hubbard's execution and have asked the Governor of Alabama to have mercy on their client. Hubbard suffers from several medical conditions including dementia. His lawyers contend that, in addition to his age and the length of time he's been awaiting execution, these conditions make him incompetent to be executed.

My problem with Hubbard's execution is less his age and more the time he has awaited execution. Now, granted, I am grateful that he's been allowed to live for 25 years. However, I think it is cruel and unusual punishment to force someone to sit on death row for a third of their lifespan only to then finally kill them when they are in their 70s. I have to admit, it appears as though perhaps Hubbard just finally became too much to care for. Is that skeptical of me? Perhaps. Why now, though? What has sparked the need to kill Hubbard now? What purpose does it serve? Isn't it punishment enough that he's sat in a prison cell alone for 25 years contemplating his own murder? Isn't it enough that he has had to sit and remember why he's there? That kind of mental anguish is cruel and unusual. What a catch 22. You can stay alive, but you have to be tortured mentally until you are in your 70s. Then, we'll decide we're ready to put you out of your misery.

Incidentally, there is a great quote from David Elliott in this article. David is the spokesperson for the Coalition to Abolish the Death Penalty. He is also a reader of this Blog. If you get a moment, take a look at David's abolition Blog. You'll find it in my list of links to the right.

Pending Execution of 74 year old James Hubbard

Roper v. Simmons

For those of you interested in the upcoming United States Supreme Court case Roper v. Simmons, which will address the Constitutionality of the execution of juvenile offenders, the American Bar Association is hosting a website with links to many of the briefs and amicus briefs filed before the Court.

Amicus Briefs - Juvenile Death Penalty

Does this disturb anyone else? Apparently, ABC will air a documentary on August 10th and 11th which documents the jury deliberation process in a death case. The film makers gained permission of all parties involved including the defendant and the Ohio Supreme Court. Still, I wonder how those cameras might have changed the jurors attitudes and altered the process. This is a man's life we're talking about. I'm all for showing the public what happens when people have someone's life in their hands, but I am also concerned that our quest to show this process could alter someone's destiny.

Cameras Report, the Jury Decides

According to this report from AlterNet.org, the DNC has taken support for capital punishment out of the Democrats' party platform for 2004. John Kerry does not believe there should be a death penalty, and his opinion on the question has influenced the drafting of the platform. This is the first time since the 1980s that the DNC has endorsed a platform which does not contain a pro-death penalty program.

Taking the Ultimate Penalty Off the Table

Tune in to NBC at 8pm EDT (7CDT) Friday July 30th for Dateline's presentation of the 2 hour documentary "Deadline" which chronicles the transformation of formerly pro-death penalty Governor George Ryan of Illinois. Governor Ryan imposed a mortatorium on the death penalty in Illinois in 2000. Three years later, just before he left office, Gov. Ryan commuted the death sentences of 167 inmates to life sentences. He also freed four men entirely.

The film is supposed to be outstanding. It was purchased by NBC after its first showing at Sundance. Please tune in.

"Deadline" on NBC's Dateline

Larry Douglas Lucas

Time for me to get back in the saddle...I'll try to be more consistent about posting. Who needs my job anyway?

On to the task at hand...

The California Supreme Court has overturned its second death sentence in as many weeks. The Court unianimously vacated the death sentence of Larry Douglas Lucas who was sent to death row for the 1986 stabbings of his eldery neighbors. The Court held that the jury did not have enough information when it handed Lucas the death penalty because it had not been made aware of the abuse he endured as a child. The Court found that had the jury been aware of these mitigating circumstances they might not have given Lucas the death sentence. Faulting his attorneys for ill preparation, the Court stated that evidence of Lucas's childhood that not presented to the jury is exactly the type of evidence that juries find compelling in determining whether to sentence someone to death. 

Death penalty tossed for double murderer

Looks like I have a lot of updating to do. This includes my thoughts on the Supreme Court's decision on the non-retroactivity of Ring (which makes no sense to me by the way). I'll be updating soon. Stay tuned.

Stephen LaValle and the State of New York

Yeeee haaaaaaaaaaaaaaaaaw! The Court of Appeals for the State of New York (the highest court in the state) has overturned the death sentence of Stephen LaValle. In the process, it has invalidated the state's death penalty law. Until the legislature "fixes" a problem the Court saw with the jury instructions, the Court of Appeals has said that the death penalty cannot be imposed. Amazing.

New York Court of Appeals invalidates death law

It appears that the Alabama Attorney General has a bee in his bonnet as far as executing death row inmates. He's vowed to speed up the appeals process so that people don't sit on death row as long and the state can get on with their executions. I guess I just don't get it. For me, I think the appeals should take as long as they take. Someone's life is as stake, shouldn't we take as much time as is needed before killing them? Once they're dead, they're dead. You can't bring them back because of a rushed mistake in an appeals court. At the same time, I think it is cruel and unusual punishment to let someone sit on death row for 20 years and then execute them. At some point, I think the death sentence should be commuted. Its just too much mental anguish for one person to make them sit in a tiny cell alone for 23 hours a day for 20 or so years contemplating their own death.

Alabama to Speed up Appeals

Looks like quite a few abolitionists are going to be staging a protest in front of the Supreme Court in Washington D.C. at the end of the month. The protest will recognize the 32nd anniversary of Furman v. Georgia and the 28th anniversary of the case which overturned Furman, Gregg v. Georgia. Best wishes to all of you participating in this protest.

Activists Plan 4-Day Anti-Death Penalty Protest

Believe it or not, the State of Florida has now made it MORE difficult for an indigent capital inmate to find a quality lawyer on appeal. The state is refusing to commit to paying lawyers more than $3500 for a death penalty appeal. This is, of course, going to make many lawyers unwilling to take death penalty appeals for poor clients, and is just another indication of how classism is rampant in the application of the death penalty. You have a right to a lawyer for at least your first appeal, but you don't have the right to any particular sort of quality. Trust me, $3500 doesn't go very far.

State limits funds for death penalty appeals

The jury in the Virginia trial of Lee Boyd Malvo is speaking out. From the sounds of it, there were four jurors would held firm to their belief that Malvo should not receive a death sentence for his role in the sniper shootings around DC and that a life in prison was suficient punishment for a boy they thought would never have become a serial killer if not for the influence of his step-father. Interestingly enough, some of the jurors thought a life sentence was too harsh a punishment for the young boy.

Death Penalty Deliberations Tore Malvo Jury Apart

Ah the irony... One would think that it would be cheaper just to kill a convicted murderer than to house them in prison for the remainder of their lives. Of course, those of us that pay attention know that this is not even close to true. The attached article from the website of a Baltimore television station notes that it costs the State of Maryland an average of $2.3 million for each death penalty case. Compare that to the $768,000 it would cost to house the same inmate for 40 years and you have a big difference. For those of you not good at math, the cost of a death case in Maryland is apparently 3 times that of a life imprisonment. Now, the article also quotes a statistic from Florida which found that between 1976 and 2000 the State of Florida spent $24 million on each of its executions. I wonder if the Florida taxpayers realize that...oh wait, they don't have state income tax in Florida. Who pays for it then? Tourists? Huh, boycott anyone?

How Much Do Executions Cost In Maryland?

Apparently there is a new effort by some abolitionists to target the medical doctors who are present during executions and assist in the administration of the chemicals. Certainly, it would seem that participation in an execution presents an ethical quandary for physicians who have taken an oath to uphold and preserve life. Of course, some would say that I'm hypocritical in such a statement since I support the right of an individual to physician assisted suicide. Some would say there is no difference. To me, there is. Physician assisted suicide comes at the choice and urging of a terminally ill patient who has a trusted relationship with their physician (one would hope). Executions come at the hand of the State in an effort to pursue some form of "justice." Its nothing more than murder, and it has nothing to do with the practice of medicine or valuing life. There is a big difference.


Death Penalty Ethics Quandary for Doctors

There is a new documentary out on the travesty of the death penalty in the United States. The documentary specifically covers the time leading up to when Governor Ryan placed a moratorium on executions in the State of Illinois. The film "Deadline" was a 2004 entry at Sundance. Hopefully, it will be released to some independent theaters or become available on cable.

The article made some poignant statements. The first, reflects on remarks made by novelist Scott Turow who was a part of a special commission created by Governor Ryan. The article notes: "Turow points out that in the case of the death penalty, one mistake is too many, not only for the person executed, but for the whole edifice of justice." It is so true. The tragedy of a mistake with the death penalty extends well beyond the life and family of the person executed. It also flys in the face of justice herself.

The second statement relates to President Bush. It speaks for itself:

"Yet Illinois is surely not the only state with this problem. What of the 152 people who were executed in Texas when George Bush was governor? When running for election in 2000, Bush said he was 100 percent sure everybody he executed was guilty. He was also 100 percent sure about the 'weapons of mass destruction' in Iraq."

New documentary indicts death penalty

Steven Oken - Maryland

Maryland executed Steven Oken at 9:18pm last night. See my below posts for more on Oken's appeals. I just don't have much to say on this one.

Triple murderer in Maryland executed

Steven Oken

The US Supreme Court lifted the stay granted to Steven Oken late last night. He is eligible to be executed before Friday night. In Maryland, the date and time of an execution is not published ahead of time.

Court reverses stay of execution in Md.

Steven Oken

A federal judge granted Steven Oken a stay of execution today based on a need to examine the lethal injection procedures that would be used to kill him. The court cited Maryland's failure to provide Oken with the details of the execution procedures until this past Friday (Oken was scheduled to be executed sometime this week at an unpublished time). Oken's lawyers have questioned the ability of the first chemical administered, a barbituate, to numb him to the pain inflicted when the second two drugs are administered.

CNN.com - Stay given to inmate questioning lethal injection procedures

A prosecuter in my former state of Nebraska is trying to get a judge who is morally opposed to the death penalty removed from a penalty panel in a high profile case involving a shooting at a bank in Norfolk. I remember this shooting, it was horrible, and the gunmen were on the loose as fugitives for awhile. Still, it doesn't change my opinion as to whether they deserve the death penalty, and I don't think it should change whether a judge has a right to his own moral opinion. His job is to apply the law. Hopefully, he can do that and still stay within his morality. Lord knows, I for one, in this instance, hope he goes beyond the law if necessary. I think a life is worth it.

Sentencing panel in Norfolk bank case may be shaken up

Steven Oken

The attached link leads to a very interesting article in the Baltimore Sun about the "difficulties" that Steven Oken's upcoming execution creates. Oken is a white adult male who admitted to the grisley killing he is being executed for. The article opines that this makes Oken's execution more difficult for death penalty opponents to decry. There is also some discussion as to how executing Oken first (a white adult male with no question of guilt) may be a political move to help soften some of the uncomfortability with the death penalty before Maryland executes some of its more questionable cases (read: black men) after a two year moratorium.

There are lots of substantive legal problems with the death penalty and its processes (I've discussed them before). However, just because Oken doesn't meet any of those other easier arguments doesn't mean his death is any less wrong. For most abolitionists, the main point to be had is that government killing of a human being is wrong. Just because a man like Oken is clearly guilty of killing those he killed, and presumably he judged their right to live before taking their life, does not mean that we are in the position to take his. No matter how clear the guilt and how sane the inmate, the truth is that capital punishment is no more than government sanctioned murder...premeditated and put on show.

Oken's case a challenge in debate on death penalty

Terry Nichols

Well, two juries now have declined to give Terry Nichols the death penalty for his involvement in the 1995 Oklahoma City bombing. I can say that I'm very surprised that a jury of Oklahomans would spare Nichols' life. Perhaps I have too little faith in the jury system. From what I understanding Terry Nichols is the poster boy for mitigating circumstances.

Nichols Again Spared Death Sentence

The Louisiana legislature has officially rejected a Bill before it that would have abolished the death penalty for 16- and -17-year-olds. Apparently, critics of the bill feel that certain crimes are deserving of punishment by the "harshest means possible." Personally, I think 18 is even too young to understand what it means to lose your life (or for the person you've killed to lose their life). The Supreme Court will comment on this issue shortly. It will be interesting to see what they have to say. I guess I'm biased, but I just have trouble seeing how a 16 year old could have the cognizence to understand their punishment even if they are capable of having culpability for their crime.

Bill to ban teen death penalty is rejected

Steven Oken

The next scheduled execution is of Steven Oken of Maryland. If executed, Oken will be the first to be executed in Maryland since a statewide moratorium three years ago. The attached article describes some Roman Catholic Cardinals' attempts to spare Oken's life.

Cardinals ask governor to spare Oken from death penalty

Robert Leroy Bryan - Oklahoma

The State of Oklahoma executed Leroy Bryan last night after the US Supreme Court denied his last minute appeal. There was little question that Bryan committed the crimes for which he was being executed. However, there were questions as to the appropriateness of his execution (shouldn't there always be those questions?). To his family, his execution was both troubling and a gift. Bryan suffered from diabetes and had lost one leg and control of his bodily functions. However, there was also evidence that Bryan did not understand the meaning of his execution and what it meant to die by lethal injection. His last minute appeal to the Supreme Court asserted his civil rights were being violated because he was not competent to be executed. The Supreme Court took all of 80 minutes to decide whether to accept Bryan's case. Perhaps I am a cynic, but I somehow doubt you can determine a person's competency to understand their own execution in an 80 minute review of a legal file. Then again, I'm not on the Supreme Court. If I were, things would be different...


Federal court turns down death row inmate's final appeal

William Zuern - Ohio

The State of Ohio executed William Zuern this morning after he decided not to appeal to the United States Supreme Court. Zuern refused a final comment and stuffed his ears with toilet paper so he couldn't hear the prison guards talking to him during his final hours. He was executed for the 1984 stabbing death of a guard in the jail where he was being held pending trial on another charge.

Ohio executes inmate for stabbing jail guard to death

Now here's an idea: a State which actually is setting qualifications for its death-penalty lawyers. What a novel thought as to make sure that those lawyers representing an accused in a capital case actually have some experience in criminal law. I mean, I'm an attorney, but God help whatever accused got me as his or her attorney at trial. That would just be unethical.

Court sets qualifications for death-penalty lawyers

I'm not sure who the author of this editorial is, but the attached link leads to a fairly interesting commentary on Laurence Adams and the current push in Massachusetts to bring back the death penalty (see postings below in May regarding the Massachusetts proposals and the release of Laurence Adams after 30 years).

Let death penalty die