Death Penalty

Today, Indiana Governor Mitch Daniels commuted the sentence of Arthur P. Baird II to life without the possibility of parole. Mr. Baird was scheduled to be executed on August 31.

Mr. Baird's attorney, Sarah L. Nagy, praised Gov. Daniels' decision and is quoted by the Associated Press:

"We want to thank the governor for showing mercy concerning Mr. Baird's mental health issues."

Amnesty International activists campaigned heavily on Mr. Baird’s behalf.

See "Daniels commutes Baird's execution."

Timothy Johnston's execution is set in Missouri for August 31, 2005.  The Belleville News-Democrat reports that a lawsuit questioning the method of execution remains unresolved.  The suit claims the state's three-drug method of lethal injection violates Johnston's constitutional right against cruel and unusual punishment. It also questions why Corrections Department staffers, and not medical personnel, administer the injections.  The article quotes Johnston's attorney, Chris McGaugh:

"What we're saying is that if you don't administer the first drug right, what happens when the second one gets in you is it paralyzes you with no way to indicate to anyone that you're being suffocated."

 See "Lawsuit calls execution method cruel."

UN envoy Ashraf Qazi issued a statement last week condemning Iraq's decision to sentence three men to death by hanging, citing the death penalty's "very poor recognized effect of deterring crime."

See "UN envoy in Iraq urges Government to eschew death penalty."

Take action now: Oppose the Death Penalty in Iraq

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Hear about Mr. Halperin's three decades on the frontlines of the struggle against the death penalty in Texas, elsewhere in the United States and abroad. And learn more about what you can do to end capital punishment in the United States.

 Join the chat on September 7th.

The Houston Chronicle reports that death penalty opponents are turning up the heat on Gov. Rick Perry and other Texas authorities -- with both a march and a vigil scheduled this week -- to express their outrage at Frances Newton's impending execution. The Chronicle reports that Newton's case is especially poignant because:

"She would be the third woman - and the 1st black woman - to be executed in the state since the Civil War. Her execution would be the 349th since Texas executions resumed in 1982."

See "Efforts to halt execution surge."

A new Michigan Law Review article by Professor John Blume of Cornell Law School reports that nearly 88% of all death row inmates who have "volunteered" for execution have struggled with mental illness and/or substance abuse.

See "New Resource: Research Examines Those Who Volunteer for Execution."

We told you yesterday that Iraq has sentenced three men to death by hanging.  In resuming executions, Iraq will be moving sharply against the global trend towards the abolition of the death penalty. Take action now and urge Iraqi authorities to commute the sentences.

Take action now: Oppose the Death Penalty in Iraq

Three men have been sentenced to be executed in Iraq by a justice system human rights advocates say is "too flimsy to be fair."  According to the New York Times:

"Beatings and other abuses are routinely used to produce confessions. Defendants see their lawyers rarely, or not at all, before trial. Judges are often under tremendous pressure to impose the death penalty. And, eager to strike back at insurgent attackers, Iraqi security forces have cast wide nets to round up suspects, increasing the risk that innocents will be put to death."

See "3 Set to Hang as Executions Return to Iraq."

Arthur P. Baird has been described by various courts and mental health professionals as "insane at the time of the murders," "legally insane," and as suffering from a "delusional disorder" that rendered him unable to control his behavior. Yet, despite various international safeguards against executing persons suffering from a mental disorder, Arthur Baird is scheduled to be executed on August 31.

Take action now: Urge Governor Mitch Daniels to commute Mr. Baird's death sentence.

Amnesty International is calling on the government of Kenya to abolish the death penalty as they consider a new Constitution. Twelve of the 53 countries in Africa have permanently abolished the death penalty.

See "Kenya: Abolition of the death penalty is essential for a Constitution that respects human rights." 

Just weeks after the execution of two gay teens, blogger Doug Ireland wrote in a message posted this afternoon that two men are rumored to "have been tried and sentenced to be executed for homosexuality on August 28, in the Iranian city of Arak."  Amnesty International has not confirmed these reports.

See "Two New Gay Executions Scheduled in Iran, Says Iranian Exile Group."

Blogger Doug Ireland provides further details on the demonstrations scheduled for this afternoon, and the organizations coordinating them. In a blog post in late July, Daily Kos featured photos taken shortly before two boys were executed in Iran for engaging in homosexual acts.  Kos also includes information for contacting the Interest Section of the Islamic Republic of Iran in the United States.

See Amnesty International's public statement on the case, "Iran continues to execute minors and juvenile offenders."
See Direland's post, "Worldwide Protests Over Iran Hangings of Teens as New Reports From Inside Iran Question the Validity of the 'Rape' Charge."
See Daily Kos' "Gay Teens Executed in Iran: Disturbing Pictures."

The Austin Chronicle's Jordan Smith reported today that proposed legislation to speed up the death penalty process would 'gut federal law governing federal appeals' and open up:

"[A]n express lane to the Texas death chamber and making it inevitable that an innocent person will be executed."

See "All Aboard for the Death Penalty Express."

Gay.com UK reports on planned worldwide protests:

"5 cities across the globe will stage protests against Iran’s treatment of lesbian and gay people tomorrow, following the hanging of two boys for allegedly having gay sex. London, Dublin, Paris, San Francisco and Montpelier in France will stage protests aimed at raising awareness of Iran’s history on lesbian and gay issues, as well as the recent executions."

See "Protests planned over gay executions."

The Albany Times-Union reports on the opening of archives on the history of capital punishment in the U.S.  More than 1 million items, including personal writings from political figures and death row inmates, testimonials from families, and a collection of news coverage, will be available to historians and others in the National Death Penalty Archive at the University at Albany.  The paper quotes University President and legal historian Kermit Hall:

 "The reason that this is important is, history is the memory of democracy." 

See "Papers Shed Light on Dark Fate."

A Denver Post editorial today called Chief Justice John Paul Stevens's criticism of the death penalty in a speech to the ABA last week "timely," in light of a recent legislative push to "streamline" the death penalty process. The paper also weighed in on Supreme Court nominee John G. Roberts' "limited record on the death penalty," cautioning:

"If he does reach the high tribunal, we hope Roberts takes a responsible view of the death penalty, not the 'execute first and ask questions later' tack advocated by [Sens.] [Jon] Kyl and [Dan] Lungren."

See "Justice right to worry about death penalty."

Today NCADP blogger David Elliot asked:

"A few weeks ago we were talking about the case of Larry Griffith, who was executed in Missouri in 1995. A district attorney in St. Louis has re-opened the Griffith case after an extensive NAACP investigation turned up evidence of Griffith's wrongful conviction."

"Now the media is sniffing around another case in which a Missouri man was executed for a crime he might not have committed."

See "Did Missouri do it twice?"

In a letter to the editor of Oregon's Statesman Journal, Kathleen Pugh writes:

"The death penalty is not a deterrent to those committing heinous murders and therefore does not increase levels of public safety. A Rand poll found police chiefs and sheriffs nationwide do not think the death penalty significantly reduces the homicide rate. It was ranked last by police chiefs as a method for reducing violent crime."

See "Death-penalty bill shows lack of sense."

Supreme Court Justice John Paul Stevens openly criticized the use of the death penalty in the United States at the annual meeting of the American Bar Association being held this year in Chicago, reports the Associated Press.

"Stevens stopped short of calling for an end to the death penalty, but he said there are many problems in the way it is used.

"Recent exonerations of death row inmates through scientific evidence are significant, he told the American Bar Association, 'not only because of its relevance to the debate about the wisdom of continuing to administer capital punishment, but also because it indicates that there must be serious flaws in our administration of criminal justice.'"

Read more from USA Today: "Supreme Court's Stevens criticizes death penalty use."

George Sibley was executed last night in Alabama, after giving up his appeals.  Sibley becomes the 3rd condemned inmate to be put to death this year in Alabama and the 33rd overall since the state resumed capital punishment in 1983. Sibley becomes the 33rd condemned inmate to be put to death this year in the USA and the 977th overall since America resumed executions on January 17, 1977.

Read more about volunteers.

This week, Washington Post columnist Charles Lane urged further questioning of how John G. Roberts would vote on Supreme Court cases involving the death penalty if confirmed. Lane argued:

"Every death sentence in the country comes before the court not once but twice or more: first on direct appeals, the vast majority of which are brushed aside, and then on habeas corpus challenges claiming constitutional violations at trial or sentencing."

"And the substitution of Roberts for Justice Sandra Day O'Connor could make a difference on the death penalty."

See "On a Big Issue, Little Is Known."

On June 22, President Mahmoud Abbas reportedly ordered a retrial for all those who had been sentenced to death by the notoriously unfair State Security Court. While Amnesty International welcomes this decision, there are still concerns that the prisoners could be executed even after retrials. There are also concerns that those who are currently on death row but did not appear before the State Security Court remain at risk of execution.

See the UA Newsletter.

Three years is too long to wait.  Amnesty International is calling on the President of Uzbekistan, Islam Karimov, to end executions now and lift the secrecy surrounding the application of the death penalty.

See "Uzbekistan: Abolish the death penalty immediately."

According to Uzbek state television, President Islam Karimov signed a decree yesterday to end the death penalty, which would take effect in 2008.  Uzbekistan is one of the last states remaining in Europe and Central Asia to pass death sentences.

See "Uzbekistan to end death penalty in 2008."