Slated Release of Gay Texas Inmate Further Reveals Death Penalty's Injustice, Merits Statewide Moratorium
FOR IMMEDIATE RELEASE
NEW YORK -- Citing the release of a gay man yesterday whose sexual orientation was used as a basis for sentencing him to die, the American Civil Liberties Union today called on the Governor of Texas to impose an immediate moratorium on the death penalty statewide.
Calvin Burdine's 15-year-old conviction was overturned in September because his public defender slept through substantial portions of the trial. The ACLU's brief in the appeal also argued that the trial was tainted with homophobia, from the prosecutor, from Burdine's court-appointed lawyer and from the jury. The trial judge failed to intervene during repeated homophobic comments in the courtroom.
When Burdine's conviction was overturned, the state was given 120 days to re-try or free him. The state missed the deadline, yet still argued that Burdine should remain on death row. Yesterday, a federal judge ordered the state to release Burdine by Monday. During Burdine's trial, the prosecution argued that life imprisonment is a less severe punishment for homosexuals than for heterosexuals. "Sending a homosexual to the penitentiary certainly isn't a very bad punishment for a homosexual, and that's what he's asking you to do," the prosecutor said in the final moments of his closing statement.
"The justice system failed not only Calvin Burdine, but also the people of Texas by permitting bigotry and shoddy representation to open the door to this result," said Matt Coles, Director of the ACLU's Lesbian and Gay Rights Project.
"This is not the only case where gay men or lesbians have been sentenced to death because of their sexual orientation," Coles said. "Just as the death penalty is applied selectively to people of color and low-income people, it is also used against lesbian and gay people. It's unconscionable - and it's also unconstitutional."
In a letter sent to Texas Gov. George W. Bush today, the ACLU said an immediate moratorium on the death penalty is the "moral and Constitutional" response to continued injustice in Texas' capital punishment system. "In a state and a larger society where prejudice plays a major role in criminal justice in general and the death penalty in particular, lesbians and gay men -- like every despised minority -- have good reason to fear the death penalty. And - regardless of race, sexual orientation or class - all Texans and all Americans have reason for deep concern," the ACLU wrote.
This morning, Bush said he opposes Burdine's release, and claimed that the Texas Constitution precludes him from issuing a moratorium on capital punishment. The ACLU reiterated that its position is not necessarily that Burdine should be released from prison for good - but that he deserves a fair trial, free of homophobia and with adequate representation. Further, the ACLU noted that Illinois Gov. George Ryan's recent Executive Order halting executions there remains an issue of state constitutional debate - but that Ryan's order has suspended executions in the meantime.
More information on ACLU's "Execution Watch" campaign can be found at: http://archive.aclu.org/executionwatch.html.
[The letter to Gov. Bush follows below]
March 2, 2000
Governor George W. Bush
Texas State Capitol
1100 San Jacinto
Austin, TX 78701
Dear Governor Bush:
Yesterday afternoon, the U.S. District Court in Houston ordered the release of Calvin Burdine, who has spent more than 15 years on death row in Texas. The release was ordered after the state missed a deadline to begin a retrial of Mr. Burdine if it wished to keep him in custody.
Mr. Burdine's conviction was overturned because his public defender repeatedly fell asleep during substantial portions of the trial - a trial that was tainted with blatant, shocking homophobia directed at Mr. Burdine from the prosecution, Mr. Burdine's court-appointed lawyer and the jury. The trial judge failed to intervene during repeated homophobic slurs in the courtroom.
Today, we ask you to declare a moratorium on the death penalty in Texas while more information is gathered on whether it is being imposed fairly, equally and justly. While we believe an outright abolition of the death penalty is the only moral and Constitutional resolution to this injustice, an immediate suspension of all executions - as Gov. George Ryan recently ordered in Illinois - will provide an opportunity for research and information-gathering.
Your statement today, that such a moratorium is not within your purview as governor, is inadequate. You are the chief executive of the state. You have a moral and Constitutional obligation to lead. On behalf of Calvin Burdine and all of the other people who have been sentenced to death in Texas, we ask you to do the right thing and stop this injustice now.
For decades, statistics have consistently shown that the death penalty is imposed on racial minorities and extremely poor people, when it is not imposed on others who commit the same crimes. In the last several years, the ACLU has participated in several cases in which it asserted that death penalty was unfairly imposed on people because of their sexual orientation.
If this sounds unbelievable, consider the Burdine case. In the final moments of the prosecutor's closing statement during the trial's penalty phase, the prosecutor - representing the State of Texas - argued that Mr. Burdine's sexual orientation should be a factor in deciding whether he received life imprisonment or the death penalty. "Sending a homosexual to the penitentiary certainly isn't a very bad punishment for a homosexual, and that's what he's asking you to do," the prosecutor said. Mr. Burdine's attorney referred to his client as a "queer" and a "fairy."
In a state and a larger society where prejudice plays a major role in criminal justice in general and the death penalty in particular, lesbians and gay men -- like every despised minority -- have good reason to fear the death penalty. And - regardless of race, sexual orientation or class - all Texans and all Americans have reason for deep concern.
Further, as Mr. Burdine's case clearly illustrates, the state's criminal justice system is inadequate. Yet last year, when the State Legislature approved a bill that would modestly improve Texas' public defender system, you vetoed it. A suspension of capital punishment would give the State time to address these inadequacies, before another citizen's life hangs in the balance because of an unfair trial.
Sincerely,
Matthew A. Coles, Director
Lesbian and Gay Rights ProjectDiann Rust-Tierney, Director
Capital Punishment Project
Learn More About the Issues in This Press Release
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Press ReleaseDec 2024
Smart Justice
ACLU Celebrates President Biden’s Clemency Announcement, Allowing Hundreds to Remain in Their CommunitiesACLU Celebrates President Biden’s Clemency Announcement, Allowing Hundreds to Remain in Their Communities
WASHINGTON – President Biden heeded the calls of advocates and families today by granting commutations to close to 1,500 people who were released to home confinement at the height of the COVID-19 pandemic under the CARES Act and pardons to 39 additional people, including many veterans and women. The CARES Act, passed in 2020 in response to the COVID-19 pandemic, allowed certain groups of people to serve part of their sentences at home to mitigate the dangers of COVID-19 in federal prisons. Since then, thousands of people have been allowed to serve part of their sentences at home, securing jobs, reconnecting with loved ones, and reintegrating into their communities. The American Civil Liberties Union advocated for the CARES Act and has been urging President Biden to provide clemency to CARES Act release recipients since 2021, launching a six-figure ad buy, engaging grassroots supporters, filing FOIA litigation, and more. “We are thrilled that President Biden has allowed people to remain with their families and communities, where they belong, said Cynthia W. Roseberry, director of policy and government affairs at the ACLU’s Justice Division. “The CARES Act was an unprecedented experiment in decarceration, and the data tells us it was incredibly successful. Of the over 13,000 people released, more than 99 percent have safely and successfully reintegrated into their communities. We urge Congress to build on the remarkable success of the CARES Act and pass other decarceration policies that prioritize compassion, redemption, and public safety.” “President Biden’s actions today also remind us of the incredible and unique power of executive clemency,” Roseberry continued. “The ACLU has long advocated for the categorical use of clemency to address unjust outcomes of the criminal legal system. While today’s announcement is wonderful, there is more to do in the final weeks before President Biden leaves office. We strongly urge President Biden to use his power to address this country's failed death penalty by commuting death row sentences.” According to data the ACLU obtained this year through FOIA litigation, the vast majority (71.8 percent) of those on home confinement had less than one year remaining in their sentence. Almost a quarter (23.5 percent) of CARES Act clemency recipients are older than 61 and over half (59.4 percent) are people of color. “Biden's announcement today means I can finally breathe a sigh of relief after 3.5 years of living with the fear of being sent back to prison for no reason,” said Won Lee, released on CARES Act home confinement in May 2021. “The second chance I got through the CARES Act allowed me to take care of my aging parents, restart my career, pursue a graduate degree, and receive treatment for the cancer I was diagnosed with shortly after returning home. Today's decision means I will no longer have to live with the uncertainty and fear that I will be unjustly uprooted from my life and family, who now depend on me. I am incredibly grateful and thrilled to sleep soundly tonight knowing I'll remain at home.” Learn more about the ACLU’s campaign to commute death row here: https://www.aclu.org/campaigns-initiatives/president-biden-commute-the-row -
Press ReleaseSep 2024
Criminal Law Reform
+2 Issues
Judge Orders Supervision System in Washington, D.C. to Accommodate People with DisabilitiesJudge Orders Supervision System in Washington, D.C. to Accommodate People with Disabilities
WASHINGTON – A federal court granted a preliminary injunction yesterday in a case filed on behalf of people with disabilities on parole and supervised release in Washington, D.C., ordering immediate action to address discriminatory conditions faced by the two named plaintiffs. The court also denied the government’s motion to dismiss, allowing the case to proceed. The case, brought by the American Civil Liberties Union, ACLU of D.C., Public Defender Service for the District of Columbia, and Latham & Watkins LLP, challenges the federal government’s post-conviction supervision system in Washington, D.C. for systematically ignoring the needs of people with disabilities, thereby setting them up for failure on supervision and putting them at constant risk of sanctions, including incarceration. As the court held in its decision, such accommodations are likely required under federal disability law, specifically the Rehabilitation Act of 1973. The preliminary injunction requires that the United States Parole Commission and the Court Services and Offender Supervision Agency (CSOSA), the two federal agencies responsible for supervision in D.C., assess what reasonable accommodations the two named plaintiffs require to have an equal opportunity to succeed on supervision, and provide all such required accommodations. “Absent an injunction,” the court’s decision reads, “the Parolees will be forced to participate in the Government’s supervision programs on an unequal footing just because of their disabilities.” People on supervision in D.C. are required to comply with myriad and onerous rules. For people with disabilities, navigating these complex conditions is even more challenging. For example, Plaintiff Mr. Mathis — a 70-year-old military veteran with congestive heart failure that limits his ability to walk — struggles to travel throughout the city to attend frequent supervision meetings that often conflict with necessary medical procedures and hospitalizations. His supervision officer required him to wear an ankle monitor even after his doctor warned the monitor would jeopardize his health due to his heart condition. Plaintiff Mr. Davis, who lives with chronic pain stemming from third-degree burns as well as mental health conditions, also faces disability-related barriers getting to required meetings. Yet failing to meet any of these conditions, even something as simple as missing an appointment, can land a person back in jail or prison, even when no new criminal conduct is alleged. The court agreed that “absent immediate relief, the Parolees will face irreparable harm; namely, obstacles to success on supervision solely because of their disabilities, which expose them to downstream harms like revocation and reincarceration.” The court did not decide whether it will ultimately certify a class that could yield relief for all people on supervision in D.C. who need accommodations. Instead, the court directed the parties to agree on a schedule for further proceedings on that issue. “The undue hardships faced by people with disabilities on federal criminal supervision in the District of Columbia have gone unaddressed for too long,” said Scott Michelman, legal director, ACLU of the District of Columbia. “This decision is a victory for equal treatment and common sense.” “The Court’s opinion emphatically rejects the federal government's ‘do-nothing’ policy for people with disabilities on supervision in Washington, D.C., who have been forced to navigate onerous requirements without accommodations for decades,” said Allison Frankel, staff attorney with the ACLU Criminal Law Reform Project. “This ruling ensures that our named Plaintiffs will have the accommodations they need to have a fair shot at completing parole and remaining in their communities.“ “We are thrilled the Court recognized that the Parole Commission and CSOSA must accommodate our clients’ disabilities so that they have an equal opportunity to succeed on supervision,” said Zoé Friedland, staff attorney with the Public Defender Service for the District of Columbia. “We will keep fighting to make this relief permanent and systemic so that all people on supervision have an equal chance to succeed.” The decision on the preliminary injunction can be found here: https://www.aclu.org/cases/mathis-v-united-states-parole-commission?document=Preliminary-Injunction-Opinion The complaint can be found here: https://www.aclu.org/documents/w-mathis-v-united-states-parole-commission-complaint -
Press ReleaseJul 2024
Smart Justice
Just City And Legal Advocates Challenge Tennessee’s Unprecedented Bail LawJust City And Legal Advocates Challenge Tennessee’s Unprecedented Bail Law
MEMPHIS, Tenn. — Today, the American Civil Liberties Union (ACLU) Criminal Law Reform Project, ACLU of Tennessee, and Simpson Thacher & Bartlett LLP filed a lawsuit on behalf of Just City Memphis to challenge the constitutionality of Tennessee’s unprecedented new bail law, arguing that the law violates the Fourteenth Amendment by mandating unfair bail hearing procedures and discriminatory wealth-based detention. The law makes Tennessee the only state in the country to prohibit judges from considering whether people appearing before them will be able to pay for release. The new law, which went into effect on May 1, targeted successful bail reforms that Shelby County implemented following an agreement with the ACLU, ACLU of Tennessee, Just City, and other local advocates. The agreement required the examination of a person’s financial circumstances prior to any bail decision; individualized bail hearings with counsel no later than three days after a person’s arrest; and imposition of secured money bail only as a last resort. As a result, more people returned home to their communities while at the same time lowering the number of people rearrested for new crimes. By rolling back these reforms, the Tennessee legislature has created a two-tiered system of justice, leaving those who cannot afford to pay detained indefinitely, even if they are not a flight or safety risk. Meanwhile, those who face the same charges but can afford to pay money bail are freed until trial. “Bail reform works, and it was working in Shelby County. More Tennesseans were returning home to live peacefully in their communities,” said Trisha Trigilio, senior staff attorney for the ACLU. “This shameful legislation targets low-income and marginalized Tennesseans for pointless jail time. We will not allow Tennessee lawmakers to end successful bail reform for political gain.” "Our Constitution demands that judges make individualized determinations about pretrial release," said Josh Spickler, executive director at Just City. "This law prevents judges from doing that crucial work and results in the unnecessary detention of people who pose no risk to public safety because they can't afford to pay an arbitrary bail amount. That's not how our justice system is supposed to work." “We don't have to choose between safety and justice; we can have both if we maintain a bail system that is evidence-based, fair, and constitutional.” said Stella Yarbrough, legal director at the ACLU of Tennessee. “Everyone has a basic right to freedom, and this new law contradicts decades of constitutional precedent. Freedom for the wealthy and punishment for poor people of all races violates the Constitution and disproportionately impacts Black people and people with disabilities, while doing nothing to address the systemic causes of crime—like poverty and lack of opportunity.” Simpson Thacher & Bartlett LLP Litigation Partner Craig Waldman added, “Tennessee’s law banning judges from considering an individual’s ability to pay bail is unfair and unconstitutional. The right to due process guaranteed under the Fourteenth Amendment is a bedrock of our justice system.” Just City is an organization dedicated to fighting discrimination based on race, ethnicity, and income in Shelby County criminal proceedings, and has long advocated for pretrial practices that prioritize fair and sensible release decisions over a person’s ability to pay. Their lawsuit asks the court to declare that this new bail law violates the Fourteenth Amendment and requests a preliminary injunction that would prohibit the Shelby County Sheriff from enforcing this law. -
Press ReleaseJul 2024
Reproductive Freedom
+2 Issues
Court Rejects Attempt to Dismiss Case Seeking Accountability for Wrongful Prosecution of AbortionCourt Rejects Attempt to Dismiss Case Seeking Accountability for Wrongful Prosecution of Abortion
McALLEN, Texas – A federal judge ruled today that a lawsuit seeking accountability for the unlawful investigation and prosecution of Lizelle Gonzalez can proceed, rejecting attempts by Starr County officials to have the case dismissed. Gonzalez, represented by Garza Martinez, the American Civil Liberties Union, and the ACLU of Texas was unlawfully arrested, jailed, and charged with murder after a medication abortion she had in 2022. The Starr County district attorney, assistant district attorney, and sheriff pursued and then obtained an unlawful indictment against Gonzalez even though they knew that Texas law clearly prohibits the criminal prosecution of pregnant women for conduct that ends their pregnancy. “When I first heard Lizelle’s story, I was outraged at the behavior of our elected officials,” said Cecilia Garza, attorney at Garza Martinez. “The court’s decision today to allow this case to proceed gives me hope that courts will not allow these types of egregious acts to continue. Law enforcement need to be held accountable to the laws that they took an oath to uphold.” In the motions to dismiss, the prosecutors and sheriff raised claims of legal immunity, a doctrine that they argue should insulate them from being held accountable for violating Gonzalez’s constitutional rights. The court denied their motions to dismiss, allowing Gonzalez’s case to proceed to the first stage of discovery concerning whether law enforcement can be held liable for violating her rights. “Immunity doctrine creates a culture in police departments and prosecutor offices where public officials may feel empowered to violate people’s rights, knowing they will face few – if any – consequences,” said Lauren Johnson, director of the ACLU’s Abortion Criminal Defense Initiative. “While immunity often obstructs victims of misconduct from attaining accountability, the court’s decision today to allow the case to proceed will give Lizelle a chance to pursue the justice she deserves for being unlawfully targeted and prosecuted.” “Texas is one of the most restrictive states in the country when it comes to abortion health care, but even in Texas, the laws are uniform and clear that pregnant women cannot be criminally liable for having an abortion,” said David Donatti, senior staff attorney for the ACLU of Texas. “We expect and demand that our elected officials follow the rule of law, and that is especially true for officials elected to enforce the laws with so much power over our daily lives and personal decisions.”