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News:
Supreme Court Term May Engender Changes In Death Penalty
(October 6, 2003)
Although capital punishment does not look to be a major theme of the Supreme Court's 2003-2004 term, three of the nearly fifty cases chosen for review involve death penalty cases.
The U.S. Supreme Court will consider throwing out old death penalty sentences due to poorly written jury instructions. The case involves a Pennsylvania shooting in which George Banks killed 13 people, five being his own children. Banks, claimed that he was trying to free his victims from a racially biased world. According to Banks' attorneys, the Pennsylvania court incorrectly informed jurors that all had to agree on mitigating circumstances in order to spare Banks the death penalty. The 3rd Circuit Court of Appeals later ruled that Banks should either receive a new sentencing hearing or have his sentence commuted to life imprisonment. The Supreme Court will have to decide whether a 1988 ruling that set a new standard for jury instructions can be applied retroactively - to death sentences that we imposed before the Supreme Court made the 1988 ruling. (Beard v. Banks)
The case of Delma Banks Jr. will also receive a hearing broaching the issue of incompetent counsel. Banks was charged in the 1980 murder of Richard Whitehead of Texas. The only evidence against Banks was the testimony of an informant who in exchange for his testimony received $200 and the dismissal of an arson charge that could have resulted in his life sentence as a habitual offender. Banks' lawyer did not vigorously cross-examine the informant, nor did he investigate the case. Had he done so, he would have learned of strong evidence that Banks was in another city at the time of the crime. Banks received such poor representation that former FBI director and United States District Court Judge William Sessions intervened and asked the Supreme Court to temporarily stay his execution. On April 21, 2003 the U.S. Supreme Court accepted Banks' case for review. (Banks v. Dretke)
In addition, the Court will hear the case of Robert Smith. Smith was convicted of shooting a man after trying to steal his truck during a robbery. Smith had forgotten his own car keys in the store. The Court will decide whether the jury was given the proper jury instructions to determine whether Smith had mental retardation.(Smith v. Dretke)
Justices rejected an appeal by a death row inmate claiming he was forced to take anti-psychotic drugs to make him mentally competent to be executed. Charles Singleton of Arkansas was diagnosed as psychotic, delusional, and suffering from paranoid schizophrenia. A prison board ordered him to take anti-psychotic medications after finding that he was a danger to himself and others. A federal appeals court ruled that a state that forces an inmate to take medication to regain mental competency does not violate the Constitution. The U.S. Supreme Court offered no explanation for their refusal to review the federal appeals court ruling.
Although it has not yet granted review, the Supreme Court is likely to hear a case involving the juvenile death penalty. The Missouri Supreme Court recently overturned the death sentence of a juvenile offender, Christopher Simmons, who was only 17-years-old when he committed a murder. In its ruling, the Court stated that, ""a national consensus has developed against the execution of juvenile offenders,"" citing a number of states that have banned the practice of executing juvenile offenders. Currently, 28 states and the federal government prohibit the execution of juvenile offenders. Since 1973, 21 juvenile offenders have been executed in the United States. A total of 228 juvenile death sentences have been imposed, and 80 of these remain on death row.
The Court may also hear Summerlin v. Stewart, a case stemming from the 2002 Ring v. Arizona decision in which the Court found that judges, not juries, must render death sentences. The Supreme Court left unclear whether the decision should apply retroactively to inmates awaiting execution. In early September, the 9th Circuit Court of Appeals ruled that a Supreme Court decision requiring jurors to make the critical findings when determing death sentences applies to all death row prisoners sentenced under that unconstitutional scheme. If upheld by the Supreme Court, this decision would bring about the largest reduction in the U.S. death row population since former Illinois Governor George Ryan commuted the sentences of 167 death row inmates to life imprisonment in January 2003.
Visit the U.S. Supreme Court Online
Death Penalty Ruled Out For 9/11 Suspect
(October 3, 2003)
A federal judge has ruled that the government cannot seek the death penalty against Zacarias Moussaoui and forbade prosecutors from attempting to link him to the September 11 terror attacks.
The ruling, handed down by Judge Leonie M. Brinkema, was based on the government's obstinate refusal to allow Moussaoui to interview detained terror suspects overseas whose testimony might prove helpful for his defense. Earlier this year, Judge Brinkema issued an order allowing Moussaoui to interview the captured Al Qaeda terrorists who were directly involved in planning the terror attack. But, the government refused to comply with the order, which could have supported the contention that Moussaoui only played a minor role in the charged offenses. Judge Brinkema responded to the government's obstinacy by refusing to allow prosecutors to make any argument, or offer any evidence, that suggests Moussaoui played a role in, or had knowledge of, the September 11 attacks. ""It simply cannot be the case that Moussaoui?can lawfully be sentenced to death for the actions of other members of Al Qaeda, who perpetrated the September 11 attacks, without any evidence.""
The Justice Department has offered no immediate comment about whether or not it will appeal Judge Brinkema's decision. However, Brinkema's ruling may encourage the Bush administration to abandon civilian courts and move the case to a military tribunal.
UPDATE - October 7, 2003: The Justice Department has decided to appeal Judge Brinkema's decision and the case will not yet be moved to a military tribunal.
Read An Article From the Washington Post
Florida Supreme Court Suspends DNA Deadline
(October 1, 2003)
In a 4-3 vote, the Florida Supreme Court indefinitely suspended an October 1 deadline for inmates to file request for DNA testing. Hundreds of inmates are now allowed access to DNA testing that could help establish innocence. The justices set aside the deadline in order to give themselves more time to consider whether or not the deadline is unconstitutional. Oral arguments have been set for November 7.
The deadline, set by a 2001 law that opened a two-year window for DNA retesting in older cases, provided a limited amount of time for convicted inmates to demonstrate that DNA testing would benefit their case. If the deadline had been upheld, many inmates who required access to DNA testing would have been unable to receive it.
As of this writing, 138 people, including 12 death row inmates, have been exonerated by use of DNA testing in the U.S. DNA testing has proven to be a powerful tool in ensuring that innocent people are not put to death.
But, as with all technological tools, DNA testing does have its share of problems. More and more DNA crime labs have come under investigation after widespread mistakes were exposed. In Orlando, lab analyst John Fitzpatrick admitted earlier this year to switching DNA samples and changing data in a test designed to check the quality of work at the lab. All ongoing and past cases involving DNA analysis by Fitzpatrick have been thrown into question. However, the state has refused to retest those cases.
In addition, DNA testing is by no means a panacea that guarantees innocent people will not be put to death. In many cases, because of the nature of the crime, DNA evidence is not available to identify the culprit. Nonetheless, DNA testing is an essential tool in proving innocence in some cases. DNA has been especially useful in rape cases, where testing semen left at the crime scene can conclusively exclude innocent people.
The Courts decision to suspend the deadline for DNA testing will serve to protect the rights of the wrongfully convicted.
Read An Article From the AP Wire
Learn More About DNA Testing
Nigerian Woman Facing Death For Adultery Is Acquitted
(September 26, 2003)
The highest Islamic court has acquitted a Nigerian woman sentenced to death by stoning for adultery. Amina Lawal's case became known worldwide when the Nigerian court sentenced her to death after she admitted to having a relationship outside her marriage with a man she believed was the father of her child. After the man swore on the Koran and denied the charges, he was found innocent and Lawal was subsequently sentenced to death. DNA tests were never suggested.
Various human rights groups condemned her sentence for violating international treaties against torture signed by Nigeria. The defense argued that the sentence of death by stoning was a direct violation of the Nigerian Constitution. However, the Katsina State Shariah Court of Appeals ultimately overturned Lawal's death sentence on the basis of legal technicalities. The court deemed Lawal's confession invalid because she only uttered it once instead of the four times required by Islamic law. In addition, during the first trial, only one judge resided instead of the required three, and police officers were unable to present witnesses to corroborate the fornication.
Lawal is the second Nigerian woman sentenced to death for adultery. The first woman also had her sentence overturned after appealing to a higher court.
Read An Article From the New York Times
Learn More About the International Death Penalty
Massachusetts Governor Seeks To Reinstate Death Penalty
(September 23, 2003)
Republican Governor Mitt Romney of Massachusetts has assembled a panel of experts to assist him in developing a law that would reinstate capital punishment. In hopes of developing a fair a and flawless way to implement the death penalty, the panel, comprised of legal and forensic experts, has been asked to draft a bill that would confront many of the systemic flaws that permeate the country's capital punishment system, including mistakes that have led to wrongful convictions.
Over the past twelve years, republican governors in Massachusetts have consistently sought to pass legislation that would reinstate the death penalty. However, all endeavors have proven unsuccessful. A bill reinstating the death penalty was almost passed in 1997 after the rape and murder of a ten-year-old boy caused citizens to become outraged, but the bill was ultimately defeated after a tie vote in the State House of Representatives. Since then, public opinion against capital punishment in Massachusetts, and around the nation, has grown. At a time when more than 100 death row inmates have been exonerated, many states around the nation have curtailed use of the death penalty. In addition, jurors in state and federal cases have become increasingly reluctant to impose death sentences. Governor Romney's relentless attempt to restore the death penalty seems at strong odds with this growing national consensus.
Massachusetts is one of twelve states, along with the District of Columbia, without the death penalty. The death penalty was abolished in 1984, and no one has been executed in Massachusetts since 1947.
Read An Article From the Boston Herald
October/November Executions:
10/01/03 | GA | Earnest Ulyesses Morrison - STAYED |
10/9/03 | AL | David Larry Nelson |
10/29/03 | MO | John Clayton Smith (Volunteer) |
11/07/03 | NC | Joseph Timothy Keel |
11/10/03 | UT | Ralph Menzies (Stay Likely) |
12/3/03 | TX | Richard Duncan |
Visit NCADP For Information About Upcoming Executions
Legislative Update
Reintroduced Innocence Protection Act
On October 1, members of the U.S. House and Senate introduced the Advancing Justice Through DNA Technology Act. Title III of the bill includes the Innocence Protection Act. It creates a process for providing access to DNA testing for federal prisoners and encourages states to do the same. In an effort to provide competent legal representation for indigent defendants this bill would provide grants to States to improve legal representation of death penalty defendants by training criminal defense attorneys and prosecutors. In an exceptional step forward, this legislation would increase the maximum amount of damages that the U.S. Federal Claims Court may award in wrongful conviction cases to $50,000 per year in non-capital case and $100,000 a year in capital cases.
There are however, concerns about Titles I and II of the bill, which would expand the use of the Combined DNA Index System (CODIS). The IPA is an important step forward. It is hopeful that the concerns raised by other provisions of the bill can be addressed. The ACLU wrote a letter to members of the House Judiciary Committee outlining these concerns
Support the Federal Death Penalty Abolition Act
On June 24, 2003, U.S. Representative Dennis Kucinich (D-OH) introduced HR 2574, the Federal Death Penalty Abolition Act of 2003. This legislation, which is a companion bill to Senate legislation introduced by Senator Feingold (D-WI), will put an immediate halt to executions and forbid the imposition of the death penalty as a sentence for violations of federal law. Please contact your U.S. Representative today to urge him/her to co-sponsor and support this important legislation! Note: If your Congressional Representative is an original co-sponsor, you may not take this action.
State Legislation
NJ:
The future of New Jersey's death penalty may well be decided in the next month. The death penalty study bill, which would launch one of the most comprehensive studies of capital punishment in our nation's history, is stuck in the Senate. If it doesn't pass in the next few weeks, it will die for good, paving the way for executions to resume in New Jersey for the first time in 40 years.
The Assembly passed the death penalty study bill overwhelmingly in January. Now its time for one last push in the Senate. If the study bill passes in 2003, we will change the course of history in New Jersey forever.
Here's how you can help bring the effort home:
If you are from NJ, Contact: The Senate Co-Presidents
Tell them: "The Death Penalty study bill, A-1913, passed the Assembly by a vote of 56-10. I understand that Senate bill S-1112 will be revised in committee to match that version. Please support S-1112 and move it to action in the Senate."
Reach them at: Senator John O. Bennett: (732) 863-1644 or SenBennett@njleg.org
Senator Richard J. Codey: (973) 731-6770 or SenCodey@njleg.org
ALSO?
Contact: Your State Senator
Tell them: "The Death Penalty study bill, A-1913, passed the Assembly by a vote of 56-10. I understand that Senate bill S-1112 will be revised in committee to match that version. I reside in your district and ask that you vote for the death penalty study bill."
Find your Senator at: http://www.njleg.state.nj.us/districts/municipalities.asp
PA:
Many new developments have impacted the death penalty in Pennsylvania. In March, a Pennsylvania Supreme Court appointed committee released a report calling for an immediate moratorium on executions, citing "strong indications that Pennsylvania's capital justice system does not operate in an even-handed manner." The Committee made a total of 23 recommendations, including a halt on all executions until policies and procedures are implemented to ensure that the death penalty is administered fairly and impartially; comprehensive data collection and proportionality review; and passage of a Racial Justice Act. The Committee's recommendations come just days after Pennsylvania Governor Ed Rendell, a death penalty supporter, signed the second death warrant of his term.
Moratorium supporters responded with an intensive campaign to pressure Governor Rendell to halt executions, including a planned rally with former Illinois Governor George Ryan on the steps of the State Capitol in Harrisburg at 3 PM on October 11th. The rally will immediately follow a student anti-death penalty organizing conference that starts at 9AM.
Meanwhile, in September, Delaware County Court of Common Pleas Judge William R Toal, Jr. became the first judge to vacate a death penalty conviction in Pennsylvania due to DNA evidence. Nicholas Yarris has spent 21 years on Pennsylvania's death row and is still waiting to be released, pending a decision from the District Attorney's office on whether they will retry him, despite overwhelming evidence of his innocence. If released, Mr. Yarris will become the 5th death row exoneree in Pennsylvania and the 112th nationwide.
Pennsylvania is also poised to pass a bill that would ban the execution of the mentally retarded. SB 26, which is supported by advocates for the mentally retarded and includes a definition of mental retardation that is consistent with the strong, objective definition that is used and accepted as the professional standard nationwide, passed the Senate earlier this year. Its companion, HB 1906, awaits action in the House. In an effort to limit the number of mentally retarded defendants that would be exempt from capital prosecutions, the District Attorney's Association is backing a weaker, unconstitutional bill. Pennsylvania residents should call House members now. Heres what to do:
Heres what to do if you're a PA resident:
Contact: Your State Representative
Tell them: "I reside in your district and I urge you to to oppose HB 1073 and wait for a strong bill that would adequately protect mentally retarded defendants and their families from being subjected to a capital trial and save the Commonwealth untold millions in capital trial expenses for defendants that are not eligible for the death penalty.
Find your State Representative at: http://www2.legis.state.pa.us/cfdocs/findyourlegislator/find.cfm
Action Alerts
Take Action to Stop the Execution of John Clayton Smith
John Clayton Smith is scheduled to be executed in Missouri on October 29th for the 1999 murder of his former girlfriend and her stepfather. Smith's trial was plagued by a clear conflict of interest. The prosecutor in his case was his defense attorney in two prior criminal cases. Moreover, the prosecutor used one of those convictions to persuade the jury to convict Smith. This blatant conflict of interest alone should warrant a new trial. However, in addition, Smith suffers from pronounced mental illness, specifically a severe bipolar disorder with psychotic features. Smith is currently taking medication, but has attempted suicide several times while incarcerated. In December 2000, the Missouri Supreme Court upheld John Smith's death sentence by a vote of 5-2.
Learn More About the Case of John Clayton Smith
Action Alerts From the ACLU
Action Alerts From Amnesty International
New Resources
Ultimate Punishment: A Lawyer's Reflections on Dealing with the Death Penalty, by Scott Turow. (Book Description)
Scott Turow is known to millions as the author of peerless novels about the troubling regions of experience where law and reality intersect. In "real life," as a respected criminal lawyer, he has been involved with the death penalty for more than a decade, including successfully representing two different men convicted in death-penalty prosecutions. In this vivid account of how his views on the death penalty have evolved, Turow describes his own experiences with capital punishment from his days as an impassioned young prosecutor to his recent servi
