Category: death penalty

Balko: Why Americans still support the death penalty

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By Radley Balko

It has long been the conventional wisdom on both sides of the death penalty debate that if a state or the federal government were ever shown to have executed an innocent person, we’d see a dramatic drop in support for state executions. In the 2006 case Kansas v. Marsh, Supreme Court Justice Antonin Scalia, a death penalty supporter, called the search for a wrongly executed person the “Holy Grail” of death penalty opponents.

But a little less than two years after David Grann made a convincing argument in The New Yorker that the state of Texas had done just that, public support for capital punishment hasn’t wavered. In October 2009, Grann wrote about Cameron Todd Willingham, executed in 2004 for setting the fire that killed his three young children. Willingham was convicted because of forensic testimony from fire officials that arson experts call junk science. (more…)

Michelle Alexander on the execution of Troy Davis

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Take a moment to check out this video of an interview with Michelle Alexander, author of “The New Jim Crow: Mass Incarceration in the Age of Colorblindness,” and hear her response to the recent execution of Troy Davis. MW

“What I hope is that the passion and the energy and momentum that was generated to save Troy’s life…won’t just fade away, won’t be one of these episodic spurts that we’ve seen in the past, but will actually signal a new phase in the movement to end the death penalty. [I hope] that we’ll be able to look back and see Troy Davis’ death as the day when the movement to end the death penalty and the movement to end mass incarceration gained new steam.” -Michelle Alexander

Troy Davis and the growing case against eyewitness ID

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by Melanie Wilmoth

The case against Troy Davis hinged on the eyewitness testimony of several individuals who claimed that Davis shot police officer Mark MacPhail. Many began to have serious doubts about Davis’ guilt, however, after several witnesses recanted their original testimony. Despite witness recantations, hundreds of thousands of petitions, and international protests against Troy’s execution, the state of Georgia remained steadfast in its belief that Davis was guilty and, ultimately, executed him.

In a recent Associated Press article, Michael Tarm and Eric Tucker highlight how the controversy around Troy Davis’ execution has sparked debate about the accuracy of eyewitness identifications.

Davis’ execution came at a time in which the reliability of eyewitness identifications was increasingly questioned. Studies on the fallibility of human memory as well as a host of recent DNA exonerations have contributed to the doubt surrounding the accuracy of eyewitness ID, and increased concerns that these identifications may lead to wrongful convictions.

Just last month, we reported that the New Jersey Supreme Court decided to reform rules around eyewitness ID, requiring more rigorous evaluations of eyewitness identifications and making it easier for defendants to challenge eyewitness testimony. Several other states have recently attempted to reduce the reliance on eyewitness identification as well.

As Tarm and Tucker point out, the doubt surrounding Davis’ conviction and subsequent execution will likely “fuel the eyewitness ID debate” and will hopefully lead to more sound rules and regulations regarding the use of eyewitness identification. Check out what they have to say in their article below.

You may also want to check out a related article published by Time Magazine.

Troy Davis execution fuels eyewitness ID debate

(AP)  SAVANNAH, Ga. — When Georgia executed Troy Davis last week, it brushed aside international protests that too many witnesses had recanted trial testimony that he was the gunman who killed a police officer in 1989.

The issue raised in Davis’s case, however, is getting harder to ignore. With scientific studies showing the human memory can be surprisingly faulty, the once-damning weight of eyewitness testimony has come under question in courts and state legislatures. (more…)

Officials won’t let prisoner read book on prisons and slavery

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By Alan Bean

An Alabama inmate is suing for the right to read a Pulitzer prize-winning book, “Slavery By Another Name.”  The book chronicles the use of prisons and harsh treatment to maintain control over black citizens in the late 19th century and the first half of the 20th. 

The folks who run the Kirby Correctional Facility think the book constitutes a security risk.

When I read this story I was reminded of the Never Again rally Friends of Justice sponsored on the second anniversary of the infamous Tulia drug sting.  For reasons that have always eluded me, prisons within a 100-mile radius of Tulia (a small town in the Texas panhandle) were placed on full lockdown the day of the rally.  That means prisoners were confined to their cells and fed PB&J sandwiches while the incendiary sermons, comedy routines, musical presentations and speeches unfolded in front of 400 people in a Tulia park. 

The presence of Friends of Justice at the June 2010 trial of Curtis Flowers in Winona, MS prompted a similar kind of over-reaction.  An African-American intern who drove to Winona to assist defense counsel was pulled over by an officer who forced her to explain her reasons for being in town.

The authorities don’t always react this way.  The officers who handled the September 2007 march on Jena, Louisiana were uniformly cordial and professional, even though a crowd of at least 30,000 people was marching through a community of 3,000. (more…)

Why Al Mohler rejects the non-violence of Jesus

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Albert Mohler

By Alan Bean

I was driving home to Arlington from Cleveland, MS when I noticed that the Associated Baptist Press had used my theological reflections on the execution of Troy Davis as a modest counter weight to Albert Mohler, an evangelical theologian who claims that capital punishment is pro-life. 

They called him “The Boy King” when he first ascended to the presidency of the Southern Baptist Theological Seminary, but that was back in 1989.   Now Time Magazine is calling Dr. Mohler the  “reigning intellectual in the evangelical movement”.  So, whatever complaints his doubters may have had back in the day when The Boy King was ripping the scepter from the hands of an irenic Roy Lee Honeycutt, Mohler has made a name for himself in the decades since. (more…)

Troy Davis clemency denied: Take action now!

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Despite growing doubts in the case against Troy Davis, the Georgia Board of Pardons and Paroles decided early Tuesday morning to deny clemency to Mr. Davis. His execution is set for tomorrow, September 21, at 7:00pm.

Both Amnesty International and the NAACP are calling on individuals to contact District Attorney Larry Chisolm and ask him to petition the Judge to withdraw the death warrant against Troy. Please consider speaking out against this injustice and signing both the Amnesty International petition and the NAACP petition. This is Troy’s last hope.

Amnesty International is also organizing a Day of Protest (today) and a Day of Vigil (tomorrow) in support of Troy. See the message below from Laura Moye of Amnesty International for more details. MW

BREAKING: The Georgia Board of Pardons and Paroles denies clemency to Troy Davis

It is with a very heavy heart and a deep sense of outrage that I let you know that the Georgia Board of Pardons and Paroles voted to deny clemency to Troy Davis.

This means that very little is standing in the way of the state of Georgia executing a potentially innocent man this Wednesday, September 21 at 7pm.

The actions of the Board are astounding in the face of so much doubt in the case against Troy Davis. However, we are not prepared to accept the decision and let anyone with the power to stop the execution off the hook.

Join us in calling on the Board to reconsider its decision, and on the Chatham County (Savannah) District Attorney Larry Chisolm to do the right thing. They have until the final moments before Troy’s scheduled execution to put the brakes on this runaway justice system.

We have seen an unprecedented level of support from our members, coalition partners and all sorts of concerned individuals across the political spectrum.

I was blown away as I carried one of the many boxes containing your petition signatures up to the Parole Board office last Thursday. Close to a million signatures have been collected from the many organizations working with us. I looked back as we were marching down Auburn Avenue in Atlanta Friday night and I could not see an end to the crowd. About 3,500 people came out!

The movement here is very alive. It is electric. And I have no doubt that we will raise the volume together against what could be an unthinkable injustice.

Join your voices with us – we will not allow Troy Davis to be executed, not in our names! Troy Davis and his family have counted on us for many years now and we will not let them down. Please take action – human rights and a human life are on the line. Please contact Georgia’s District Attorney and urge him to stop the execution of Troy Davis.

Make the state of Georgia hear you! Tell them that executing Troy Davis will only deepen the cycle of violence and injustice.

In Solidarity,
Laura Moye
Director, Death Penalty Abolition Campaign
Amnesty International USA

P.S. We’ll be organizing a Day of Protest today to express our outrage at the recent decision to deny Troy Davis clemency. And on Wednesday (Sept. 21), we’re calling for a Day of Vigil on Troy’s impending execution date. If you are able to organize locally for either of these events, please tell us about your plans.

Texas Execution Put On Hold By Supreme Court

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Death row inmate Duane Buck.
Duane Buck

By Alan Bean

It doesn’t get any closer than this.  Two hours after the State of Texas legally could have executed Duane Buck, the US Supreme Court issued a stay.  It has long been asserted that racial bias factored inappropriately in Buck’s death sentence.  A psychologist answered in the affirmative when asked if the fact that Buck is black made it more likely that he would someday commit another act of violence.

Unlike the case of Troy Davis, Buck’s guilt has never been in dispute.  But would the jury have been more likely to sentence the defendant to life in prison if they hadn’t been led to believe that, being black, he would likely kill again.

As a statistical matter, the psychologist was right: black males are considerably more likely, as a group, to commit acts of violence than white males.  But race, per se, has nothing to do with it.  In the post Civil War South, white males were far more likely to commit murder than black males.  Buck’s blackness did not predispose him to violent behavior– and that is the only relevant issue for a jury to consider.

The racially biased testimony of the expert witness, in this and five other cases, deeply concerned John Cornyn when he was Texas Attorney General, and it clearly bothered the Supreme Court as well.  There are no guarantees that they will call for a new sentencing hearing, of course, but at least the matter will receive careful review. (more…)

Hate-crime victim’s family opposes death penalty

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By Melanie Wilmoth

The family of James Craig Anderson, a Black man from Mississippi who was the victim of a hate crime this summer, is requesting that prosecutors do not seek the death penalty for those responsible for James’ murder.

As CNN reports, a letter Mr. Anderson’s family sent to Hinds County District Attorney Robert Smith reads:

“We ask that you not seek the death penalty for anyone involved in James’ murder. Our opposition to the death penalty is deeply rooted in our religious faith, a faith that was central in James’ life as well. We also oppose the death penalty because it historically has been used in Mississippi and the South primarily against people of color for killing whites. Executing James’ killers will not help to balance the scales, but sparing them may help to spark a dialogue that one day will lead to the elimination of capital punishment. Those responsible for James’ death not only ended the life of a talented and wonderful man, they also caused our family unspeakable pain and grief, but our loss will not be lessened by the state taking the life of another.”

In response, DA Smith stated, “It’s most likely that we will honor the family’s wishes, but we will see whether or not things will change over the course of this proceeding.”

Family of alleged hate-killing victim opposes death penalty in case

By Drew Griffin and Scott Bronstein

Jackson, Mississippi (CNN) — The family of an African-American man who died after allegedly being beaten by a group of white teens and run over by a truck is asking state and federal officials not to seek the death penalty in the case.

Relatives of James Craig Anderson, who died shortly after receiving his injuries on June 26, sent a letter with their request to the prosecutor in the case, Hinds County District Attorney Robert Shuler Smith. (more…)

Former FBI Chief says Troy Davis should not die

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By Alan Bean

In an op-ed written for the Atlanta Journal-Constitution, William Sessions asks the State of Georgia not to execute Troy Davis.

Four Months ago I predicted that the State of Georgia would not execute Troy Davis. 

It wasn’t suggesting that mercy tinged with common sense would prevail. 

In the absence of outside scrutiny, there is no question that Georgia would send Mr. Davis to God without a single qualm.   (more…)

Congress members seek clemency for Troy Davis

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by Melanie Wilmoth

In the wake of the announcement that Troy Davis’ execution is scheduled for September 21, several US Congress members are seeking clemency for Mr. Davis.

Fifty-one Congress members, all Democrats, have signed a letter addressed to the Georgia State Board of Pardons and Paroles stating that “considerable doubts as to Troy Davis’ guilt remain.”

The evidence against Mr. Davis is questionable at best. As Congress members point out:

“Several witnesses testified at the evidentiary hearing that they had been coerced into making statements implicating Troy Davis at trial. At the hearing, one witness testified for the first time that he saw another suspect in the case commit the crime. The credibility of various witnesses was challenged by the state of Georgia, and the judge in that case agreed. Many of these same witnesses, whose credibility is now questioned, were essential to obtaining Troy Davis’ original conviction.”

Despite claims of coercion, questions about witness credibility, and 7 of 9 witnesses recanting their testimony, Troy Davis is still considered guilty and set to be executed.

Congress members are not the only people speaking out against this injustice. Other world leaders, artists, and public figures have joined the fight as well.

John Lewis, Hank Johnson, David Scott, Sanford Bishop seek clemency for Troy Davis

By Jim Galloway, Political Insider

The Georgia members of Congress have asked the state Board of Pardons and Paroles to grant clemency for Troy Davis, who is scheduled to face execution next week the 1989 killing of off-duty Savannah Police Officer Mark Allen MacPhail.

Hank Johnson of Decatur, John Lewis and David Scott of Atlanta, and Sanford Bishop of Albany, all Democrats, put their signatures to the letter that can be read here. A total of four dozen members of Congress signed. (more…)