Death Penalty

The Chicago Tribune has published a fascinating series addressing the case of Carlos De Luna, executed in Texas in 1989 for the 1983 murder of Wanda Lopez. The Tribune, in a three part series that concluded yesterday, presents evidence to support the claim that a man named Carlos Hernandez may in fact have been responsible for the murder. De Luna named Hernandez as the man responsible for committing the crime, but investigators failed to follow up this lead, despite the fact that Hernandez was already known to them, and prosecutors during the trial implied that he was simply a figment of De Luna's imagination.

From the Chicago Tribune:

‘The newspaper investigation, involving interviews with dozens of people and a review of thousands of pages of court records, shows the case was compromised by shaky eyewitness identification, sloppy police work and a failure to thoroughly pursue Hernandez as a possible suspect. These revelations, which cast significant doubt over De Luna's conviction, were never heard by the jury.'

It has never been proven that an innocent person may have been executed for a crime they did not commit.
For full details of the Chicago Tribune series, see "Did this man die... for this man's crime?"

Gloria Macapagal Arroyo, President of the Philippines, signed a law on Saturday abolishing capital punishment in the country. Arroyo, who made a journey to the Vatican the next day to meet Pope Benedict XVI, was keen to emphasize that the move to abolition did not undermine her commitment to fighting crime.

From the Washington Post:

‘"We shall continue to devote the increasing weight of our resources to the prevention and control of serious crimes, rather than take the lives of those who commit them," she said.
The death penalty had been abolished in the Philippines in 1987 but was restored in late 1993 for heinous crimes such as murder, child rape and kidnapping. Seven people have been executed since then.'

More than 1,200 inmates will benefit from the ban on capital punishment.

For more, see "Philippines Leader OKs Death Penalty Ban"

On June 8th 2006, the Governor of the state of South Carolina signed into state law a bill allowing the death penalty for those convicted for the second time of sex crimes against children under 11; this was swiftly followed by a similar bill in Oklahoma. The International Secretariat at Amnesty International has published a report on these bills, highlighting the hypocrisy of the United States in executing those who have been subject to sexual and physical abuse as children themselves.

From the report:

‘Legislators in both Oklahoma and South Carolina suggested that the sexual abuse of children causes permanent damage and is as bad as death.  For example, a leading proponent of the new Oklahoma law said: "We allow the death penalty for someone who has killed a body. Why would we allow someone to escape who has killed a soul?" In similar vein, one of his counterparts in the South Carolina Senate said: "When a child is invaded this kind of way, there's something taken from the soul of that child that the child will never recover. We feel it's as bad as taking a life". Why then did authorities in these states and elsewhere pursue the execution of people like Gary Etheridge even when the potentially mitigating effects of their childhood abuse had not been considered by the jury?'

Gary Etheridge was executed in 2002 for the sexual assault and murder of a 15 year old girl; the fact that he was repeatedly physically and sexually abused both as a child and an adult was not raised as mitigating evidence at his trial.

To read the full report, see "More politics than child protection"

Amnesty International's Secretary General, Irene Khan, has written an open letter to the South Korean Minister of Justice, Mr Chun Jung-bae, in praise of the decision to consider abolition of capital punishment in the country. An unofficial moratorium has been in place since February 1998 when President Kim Dae-jung, who had himself been under sentence of death in 1980, took office. However, at present 63 people remain under sentence of death in South Korea, and three people were sentenced to death in 2005.

At present, Asia remains the only global region that shows little sign of moving towards abolition of the death penalty. Should South Korea decide to officially abolish the death penalty, it would provide the region with much needed human rights leadership and be a valuable example of a nation progressing towards full protection of human rights.

The Journey of Hope, a group led by families of murder victims, added its voice to the ever growing list of anti-death penalty blogs yesterday by launching their own blog. The group comprises family members of murder victims, as well as death row survivors, the families of those executed or currently on death row, and death penalty activists. Details of their annual Journey of Hope, this year in Virginia, are posted on the blog. Amnesty International is delighted to see another important voice in the blogosphere and we wish them every success with their site.

To take a look at the site yourself, see "Journey of Hope blogspot"

Donald Fell has been sentenced to death in Vermont for the murder of Terrie King in 2000. Although the state has abolished capital punishment, Fell was sentenced under federal law which allows the death penalty for carjacking that results in death - federal law can be applied in any state regardless of whether of not it has abolished capital punishment.

From the Boston Globe:

'Fell's lawyer, Alexander Bunin, said he did not argue against the sentence because federal law required that it be imposed. But he filed an appeal as soon as the sentence was imposed, leading to what he said would be the first direct appeal in 40 years of the death penalty in the judicial district covering Vermont, New York and Connecticut.'

Vermont does not have the appropriate facilities to carry out the sentence, and so the U.S District Court Judge William Sessions III ordered the execution to be carried out in Indiana. Indiana has been the location for all other federal executions since 1976.

For more, see "Man sentenced in Vt's first capital trial in 50 years" 

In an article published in New York's Star Ledger on Monday, Richard Pompelio highlighted the scarring effects that the American system of capital punishment inflicts not only on those close to the person on trial, but also on the friends and relatives of the victims. His article provides a fascinating insight into the effects that the judicial system has on people who are already emotionally vulnerable, as well as an interesting argument for the replacement of the death penalty with life imprisonment without parole.

From the Star Ledger:

‘The death penalty process in the courts of New Jersey revictimizes crime victims by keeping them in the criminal justice system for as many as 20 years, with the re sult being the same: a reversal of the trial jury's death penalty ver dict. This judicial process is an in sult to survivors of murder and a disservice to the taxpayers who fund this travesty. It is time to bring some sanity to a law that by virtue of its implementation by those in power has no sanity.'

New Jersey, the focus of Pompelio's discussion, has declared a moratorium on executions. At present 10 people sit on death row in the state.

For more, see "For survivors' sake, abolish the death penalty"

The Supreme Court’s ruling today on a Florida case, Hill v. McDonough, could have major ramifications for the method of execution used by 36 out of the 37 states with the death penalty (Nebraska still uses the electric chair).  The three-drug sequence used in lethal injections, which includes first an anesthetic, followed by a paralytic agent, and finally a drug that causes the heart to cease beating, is banned in 30 states for animal euthanasia because of its cruelty.  The concern is that if the first anesthetic portion of the mix is improperly administered, prisoners will experience excruciating pain during their executions, such as suffocation without the ability to breath.  This pain would be masked by the paralytic agent, which paralyzes all exterior muscles giving the appearance of a painless execution.   The Court, in a unanimous decision, accepted a last-minute claim that the chemicals used are too painful and therefore violate the Eighth Amendment prohibiting cruel and unusual punishment.

From The Associated Press:

'The lethal injection ruling sets the stage for a nationwide legal battle over that subject, with the country’s 3,300 death row inmates armed with a new tool to contest how they are put to death.'

Supreme Court Justices first intervened in the Hill case in April because of concerns about pain during execution.  Since then, several executions have been stopped in California, Maryland, and Missouri.

For more, see: "Justices Open Door to Lethal Shot Claims" or "No Visible Suffering"

Tags: lethal injection, cruel and unusual punishment

Mexican national Angel Maturino Reséndiz is scheduled for execution in Texas on June 27, 2006. There is compelling evidence that Mr. Reséndiz suffers from serious mental illness, including paranoid schizophrenia. His lawyers are arguing that he is incompetent for execution - that is, that he does not understand the reason for, or reality of, his punishment - and that his execution would therefore violate the US Constitution.

Take action to stop this execution!

Learn more on the issue: The Death Penalty Violates the Rights of Foreign Nationals

Paul Reid, who has given up his right to appeals, and has a history of mental illness, is scheduled to be executed in Tennessee on June 28. This would be only the second execution in the state since the death penalty was reinstated in 1977. Mental health professionals testified that Paul Reid suffered from serious mental illness, including chronic schizophrenia, had brain damage, and suffered a number of serious head injuries as a result of childhood abuse and accidents.

Take Action to stop this execution!

In a last minute decision on Thursday evening Governor Tim Kaine stayed the execution of Percy Levar Walton. Walton, who was due to be put to death last night, will now receive a six month stay in order for an independent evaluation about his mental condition to be completed.

From Forbes:

'The Supreme Court has ruled it unconstitutional to execute the insane and mentally retarded, but left it up to the states to define retardation. In their petition to the high court, Walton's attorneys argued that Walton is suffering from schizophrenia and is incapable of understanding the concept of death, therefore making him ineligible for execution. In a clemency petition to Kaine, they also argued that Walton is mentally retarded.'

Kaine’s decision came moments after the U.S Supreme Court rejected a request for a stay of execution.

For more, see “Virginia Governor Delays Walton Execution”

The Virginia Supreme Court has ordered a new trial to determine whether Daryl Atkins, the man at the heart of the 2002 U.S Supreme Court decision preventing the execution of those with mental retardation, is mentally retarded and therefore ineligible for execution. When Atkins was convicted and sentenced to death in 1996 for the robbery and murder of Eric Nesbitt, his lawyers argued that Atkins was mentally retarded and appealed to the U.S Supreme Court, which ruled that executing those with mental retardation was unconstitutional.

From the Associated Press:

'The high court left it to the states to define retardation and sent Atkins' case back to circuit court. Last August, a Virginia jury determined Atkins was not retarded, allowing his death sentence for a 1996 murder to stand.

The state Supreme Court ordered the new trial on Atkins' mental status Thursday because the jury had been improperly told Atkins had previously been sentenced to death.

"The fact that the jury knew a prior jury had sentenced Atkins to death prejudiced his right to a fair trial on the issue of his mental retardation," Justice Cynthia D. Kinser wrote.'

In Virginia, mental retardation is defined as those who have an I.Q of less than 70 before the age of 18, and an inability to function properly within society. Atkins has scored between 59 and 76 on four different tests administered after he was charged with the killing.

For more, see:  "Va. Death Row Inmate Wins New Trial"

'Amnesty International welcomes today’s passage of legislation abolishing the death penalty by the Philippine Congress. The Philippines is the 25th country in the Asia-Pacific region to end capital punishment in law or practice. Amnesty International now appeals to President Arroyo to sign the approved legislation into law.

On 6 June, both the Philippine Senate and the House of Representatives voted to repeal Republic Act 7659, just days before adjournment at the end of this week.

The Philippine Congress rightly took the opportunity to end the death penalty and has shown through its leadership its commitment to respect the fundamental right to life. Now Amnesty International is calling on President Arroyo to follow suit and enact the legislation into law.

On 15 April President Arroyo commuted all death sentences to life imprisonment in what is believed to be the largest ever commutation of death sentences in modern times. Four days later, President Arroyo marked as urgent legislation to repeal the death penalty.

By abolishing the death penalty, Philippines now joins the worldwide trend toward abolition of the death penalty and will become the 125th nation to become abolitionist in law or practice.   Amnesty International hopes that the Philippines will motivate others in the region that have not yet abolished the death penalty to follow suit.'

For the full report, see "Philippines: Abolition of the death penalty"

Members of both the House of Representatives and the Senate have voted to revoke the law that allows for the application of capital punishment for certain crimes. The bill is now on its way to the President, Gloria Macapagal Arroyo, to be signed.

From the Financial Times:

'President Gloria Macapagal Arroyo on Wednesday said the move was a “clear proof that Filipinos respect and value the sanctity of human life”.
Members of the House of Representatives and the Senate, voting separately late on Tuesday, revoked a 1994 law which had reimposed capital punishment for so-called heinous crimes such as murder, rape, kidnapping and narcotics trafficking. The anti-death penalty bill is expected to come into effect in a few weeks.'

The decision will see the sentences of over 1000 people commuted to life imprisonment.

For more, see: “Philippine lawmakers abolish death penalty”

The execution of Timothy Titsworth last night, for the 1992 murder of his girlfriend Christine Marie Sossaman, marks the 11th execution this year in the state of Texas. This accounts for half of the total number of executions across the United States since the beginning of 2006.

From the Houston Chronicle:

‘Timothy Titsworth, 34, apologized profusely as he was strapped to the gurney to be executed by lethal injection. "If these words can ever touch your heart, I am sorry, I am truly sorry," he said to the victim's family.’

Titsworth becomes the 1,026th person to be executed in the U.S since executions resumed in 1977.

For more, see: “Man Executed for Killing Girlfriend”

A bill repealing a 12 year old death penalty law has been approved by the Philippine senate, and a similar bill will be discussed in the House of Representatives soon. The move would see capital punishment replaced with life imprisonment, or a 40 year jail sentence, depending on the offence.

From Aljazeera.net:

‘The constitution currently permits execution for "heinous crimes" such as murder, child rape, and kidnapping. The death penalty was brought in during a crime spree in 1994 under pressure from victims' families. Abolition of the death penalty would spare the lives of about 1,200 death-row convicts.’

Both chambers must approve abolition of the death penalty before it can be ratified by congress and signed into law by the president, Gloria Macapagal Arroyo.

For more, see: “Philippines Moves on Death Penalty”

Several inmates at the Texas Polunsky Unit have come together to form D.R.I.V.E, a group aiming to bring attention to abysmal living conditions in the Unit. The group is using forms of non-violent protest, such as organizing sit-ins and educating prisoners in how to intelligently handle problems, to put their message across.

From the Texas Civil Rights Review:

‘Officials at the Polunsky Unit have reacted harshly to these protests. When the D.R.I.V.E. activists occupy a space in protest of a fixable problem, they are often met by a SWAT team and tear gas. Often, when gassed, the men are not allowed to shower until a number of days after the incident, allowing the gas to corrode their skin. Other forms of repression include seizing of clothes, bedding, and other possessions from cells.’

Prisons within the United States are not required to submit to independent oversight - Texas monitors itself, meaning that they create their own standards and determine whether or not they are following them.

For more, see: “A Nonviolent Movement at Texas Death Row”

Physician Ethicists are calling on the American Medical Association House of Delegates to support a proposed resolution to launch a national educational campaign on AMA guidelines, so that every physician will be aware of their ethical obligations concerning legal executions. AMA Code of Medical Ethics guidelines forbid physician participation in the lethal injection process, despite increasing calls for more medical expertise in execution chambers.

Press Release from the Citizens United for Alternatives to the Death Penalty:

‘The proposed AMA resolution seeks to promote public dissemination of the AMA guidelines so that every physician will know his or her ethical obligations concerning legal executions. When doctors participate in executions, it disgraces the entire medical community. Even death penalty supporters are often dismayed (if not horrified) to learn that there are doctors who care for people during the day and kill them during the night.’

Although the position against physician participation appears in the Code of Medical Ethics, it has never been publicized. A 2001 study showed that only 3% of doctors were even aware of it.

For more, see: “Physician Ethicists Call on the American Medical Association to Launch a National Educational Campaign on the Ethical Guidelines for Physician Involvement in Executions”

Senate Bill 1800, which would make Oklahoma one of the first states to apply the death penalty to repeat child molesters, has passed through the Senate and the House of Representatives, and is now on its way to Governor Brad Henry to be signed by June 10th. A similar previous bill, Senate Bill 1747, received national attention and passed in the Senate but was rejected in the House of Representatives.

From the Herald Democrat:

'Gumm said government has no greater moral obligation than to ensure the safety of its children. "We allow the death penalty for someone who has killed a body. Why would we allow someone to escape who has killed a
soul?" he asked.

"Predators with multiple convictions for child molestation have proven they will continue to prey on Oklahoma's children until they are stopped. This bill will stop them, and send a powerful message that in Oklahoma, we will protect our children with the most powerful weapon we have."'

A similar bill is making its way through the South Carolina legislature at the moment.

For more see: “Death penalty for repeat child molesters clears Okla. Legislature”

John Boltz yesterday became the oldest person to be executed in the state of Oklahoma since the resumption of executions in 1977. Earlier in the day a federal judge granted him a stay of execution after his attorney argued that the lethal injection violated his rights against cruel and unusual punishment, but this was overturned by a federal appeals court, and the Supreme Court denied two requests for a stay shortly before the execution.

From the Houston Chronicle:

‘John A. Boltz was the oldest death row inmate executed in Oklahoma and the third-oldest in the country since capital punishment was reinstated in 1977.
Officials had trouble finding a vein to inject the lethal drugs, delaying the execution for more than an hour at the Oklahoma State Penitentiary. Boltz was pronounced dead at 7:22 p.m.’

Controversy had surrounded Boltz’s case from the start, after he refused to accept the prosecutor’s plea bargain for voluntary manslaughter before the original trial.

For more see “Oklahoma Executes 74-Year-Old Inmate”

John Boltz, a 74 year old death row inmate in Oklahoma’s State Penitentiary, is due to be executed tonight for the murder of his step-son Doug Kirby in 1984. He will become the oldest person ever to be executed in Oklahoma, and the third oldest in the nation since the death penalty was reinstated in 1976.

From Channel Oklahoma:

'John Nixon was 77 when he was executed in Mississippi on Dec. 14. Clarence Ray Allen, who was blind and used a wheelchair, was executed in California on Jan. 17 at the age of 76. James Hubbard, executed in Alabama in 2004, was also 74.
The oldest inmate previously put to death in Oklahoma was Robert Hendricks, 64, who was executed in 1957, said Jerry Massie, spokesman for the Oklahoma Department of Corrections. Hendricks was convicted of murder in Craig County.'

Boltz was originally offered a plea bargain of voluntary manslaughter, which could have made him a free man by now, but he refused and the prosecutor sought the death penalty at the trial.

For more see: “Man Will Be Oldest To Be Executed In Oklahoma”