TEXAS—impending executions
Star Texas football player turned serial killer fights execution for murdering teenage twins—-Garcia Glen White’s attorneys argue that his mental deficiencies and prolonged use of crack cocaine are responsible for the murder of 16-year-old twins Annette and Bernette Edwards in Houston in 1989
A star football player turned serial murderer named Garcia Glen White is set for execution in Texas this week for the murder of 16-year-old identical twin sisters in what will be the nation’s sixth execution in a 10-day period.
But White’s attorneys argue that his mental deficiencies – combined with prolonged use of crack cocaine – are more to blame than White, described by those who knew him as a gentle giant whose life went off the rails because of football injuries, job loss and an ensuing drug addiction.
“Glen was the kindest person I knew,” a friend named Ray Manuel wrote about White, according to court records obtained by USA TODAY. “Glen was quick to cry,” wrote his younger sister, Monica Garrett. And his older brother, Alfred White Jr. said: “He was the biggest wimp you’d ever find.”
The White they describe couldn’t be farther from the White who confessed to killing 5 people, including a Houston mother named Bonita Edwards and her identical twin daughters, Annette and Bernette Edwards, just one day after their 16th birthday and a few weeks before Christmas in 1989.
The Edwards’ bodies were riddled with stab wounds in various states of undress, and strong evidence showed that Bernette had been sexually assaulted, court records show. Their murders went unsolved for 6 years.
“5 people murdered, in 3 separate transactions, including 2 teenage girls, is simply too much carnage to ignore and is the type of case for which the death penalty is appropriate,” Harris County prosecutor Josh Reiss told USA TODAY.
As White’s execution on Tuesday approaches, USA TODAY is looking back at the 35-year-old crime and what led a man with a once-promising future down a path lined with crack cocaine and blood.
What was Garcia Glen White convicted of?
In all, White confessed to killing 5 people in 3 separate attacks. The 1st was Greta Williams, a 27-year-old who was beaten to death in 1989 just a few months after she moved to Houston from Chicago for a fresh start. Then there was the Edwards family about a month later. And then, in 1995, White beat to death a convenience store worker and father of seven named Hai Pham. Pham had just moved his family to the U.S. from Vietnam 9 months earlier and had big dreams for his children, his son told USA TODAY.
Off all the murders, prosecutors only pursued charges in the Edwards case, and White was found guilty of murdering Annette and Bernette.
White had been arrested in Pham’s murder when one of White’s close friends told police that White had admitted killing the Edwards family. On top of White’s eventual confession, his DNA was a 99.9999% match to semen found on Bernette, who had a pink shirt wrapped around the back of her neck and through her mouth as a gag, court records show.
Among all the disturbing details at the crime scene: a bloody sock found under the Christmas tree.
The ensuing investigation found that White and Bonita Edwards had been using crack cocaine while her daughters were in their bedroom. White told police that he and Edwards began fighting,
“She reached for a knife, and I took the knife and stabbed her,” he said, according to court records. “Some kids come out. I went into the bedroom after them. … I stabbed one in the bedroom and one in the living room.”
Who is Garcia Glen White?
White, 61, was 1 of 7 siblings who grew up in a loving home, according to court records.
He was a poor student and a stellar football player, eventually earning a scholarship and playing for Lubbock Christian College before an injury shattered his knee and his sports career. His girlfriend got pregnant and he dropped out of college, according to court records.
For a time, White held down a job and helped support his girlfriend and three kids but another devastating injury derailed his working life, court records say. A friend named Howard Gordon described watching White’s downward spiral after the workplace injury, when White turned to the escape that drugs provided.
“He didn’t have any structure in his life,” Gordon said. “I could see him changing, and when I saw the guys he was hanging out with, I knew that no good would come of it.”
Another friend, Ray Manuel, said he was around White while he was using.
“I told Glen I didn’t want my daughter around any negative influences and told Glen he would have to make a choice,” Manuel said. “He chose the drugs and we parted ways.”
After White’s crimes became known, Gordon said he couldn’t believe it. “Until he got hooked on the drugs, there was nothing in him that would have ever done this.”
After White had been imprisoned for some time, he and Gordon struck up a correspondence. Gordon observed: “He has returned to that sweet guy I knew before he was on drugs.”
Garcia Glen White arguing he doesn’t deserve to die
White’s attorneys previously won him a stay of execution, the day before he was scheduled to die by lethal injection on Jan. 28, 2015. The Texas Court of Criminal Appeals issued the stay following arguments from White’s attorneys that new scientific evidence more clearly showed the effects that cocaine use had on the brain.
Now that White’s execution has been scheduled again, his attorneys are continuing arguments that police took advantage of White’s mental deficiencies to elicit a confession without an attorney present. They’re also arguing that the prosecution worked to eliminate Black jurors in order to tip the odds in their favor.
Judges and courts have rejected all his recent appeals, and the Texas Board of Pardons and Paroles declined to hold a clemency hearing for him, clearing the way for Texas to execute him Tuesday without intervention from a court or Republican Texas Gov. Greg Abbott.
Family members of 2 of White’s victims interviewed by USA TODAY say they’ll be at the execution to witness the death in hopes it will give them some closure. That includes Dewanta Washington, whose sister White confessed to beating to death.
Washington said: “My sister wont be truly free until he’s executed, until he pays his debt.”
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Man who put another on death row now says the accused is innocent. | The Excerpt
On Sunday’s episode of The Excerpt podcast: In 2002, Robert Roberson brought his very sick 2-year-old daughter Nikki to the emergency room. She died the next day. After doctors diagnosed SBS, or shaken baby syndrome, Roberson was arrested and later convicted. He now sits on death row in Texas, scheduled for execution on October 17th. The man largely responsible for putting him there is Brian Wharton, the former police detective who led the investigation and subsequent arrest of Roberson. Wharton, now an ordained minister in the United Methodist Church, says he made a mistake and Roberson is in fact innocent. Will it be enough to save his life? Brian Wharton joins The Excerpt to share what made him, after all these years, change his mind.
Taylor Wilson:
Hello and welcome to the Excerpt. I’m Taylor Wilson. In 2002, Robert Roberson brought his very sick two-year-old daughter, Nikki, to the emergency room. She died the next day. After daughter’s diagnosed SBS or shaken baby syndrome, Roberson was arrested and later convicted. He now sits on death row in Texas, scheduled for execution on October 17th. The man largely responsible for putting him there is Brian Wharton, the former police detective who led the investigation and subsequent arrest of Roberson. Wharton, now an ordained minister in the United Methodist Church, says he made a mistake and Roberson is in fact innocent. Will it be enough to save his life? Brian, thank you so much for joining me today on The Excerpt.
Brian Wharton:
I’m glad to be here.
Taylor Wilson:
So Brian, let’s just start here. Would you tell us about Robert Roberson and kind of give us a snapshot of what happened 22 years ago as you understood it back then.
Brian Wharton:
Robert took his child to the hospital, because she was unresponsive when he found her in the morning. I sent an investigator to the hospital. After some time there, the investigator let me know that there was too much going on for him to kind of take it all in and so he asked for some help, and so I went. And then the two of us began to kind of… Opened our investigation. The ER itself around the child, around Nikki, was rather frantic. They were doing a number of medical procedures, life-saving procedures I guess. And then the father was there, Robert was there. The hospital folks had already noticed that there was something odd about him and mentioned that to us. And then our initial contact with him, that showed itself, he was not emotionless, but very just kind of flat. Nothing we said or nothing that was going on in the hospital seemed to garner what you would consider a normal reaction to the circumstances. He was very matter of fact in his answers to us, and this is the way it continued with him through the investigation.
Taylor Wilson:
Brian, why was Roberson convicted in your opinion? What was it that convinced the jury to convict him?
Brian Wharton:
Well, I think at the time, we all felt like we had good information, that we were presenting to the court a strong case for shaken baby syndrome. We had established that at the time the child became incapacitated, that Robert was the only adult in the room. The medical examiner’s report, the report from the hospital in Dallas, all kind of came together and spelled out shaken baby syndrome. As we got closer to trial, there was nothing else that we felt like that we needed to run down. We had a diagnosis. He was the one there. He admits he was there. He talks about her falling out of bed that night and possibly hitting her head, but that they went back to bed and everything was fine, and then waking up later to find her non-responsive and taken her to the hospital. So he kind of puts himself there at the time that the alleged injury would have occurred and nobody else is present. That’s the case that went to trial. We were very comfortable with that.
Now that said, there were some parts of what made it into the trial that made me uncomfortable, but this is after the fact. I’m not in the room when it occurs. I just come to understand that it happened. And part of that was the introduction of a sexual assault claim against Robert from the evening. While he was in the emergency room, there was a sexual assault nurse available, and she examined Nikki and indicated that she saw signs that were indicative of an assault. She was the only one that saw those. There was no further evidence to corroborate what she saw. It didn’t show up in the medical examination. It didn’t show up anywhere. But out of an abundance of caution, we had all the physical evidence examined for anything that was indicative of sexual activity, and nothing. There was no physical evidence of sexual activity, but that allegation was still made before the jury. And so that was for me, in the years following, a part of what was unsettling to me. To me that tainted the jury process. And then right before this thing goes to jury for conviction, they withdraw the charge. So it wasn’t a convicted offense.
Taylor Wilson:
Brian, as we’ve mentioned, a core issue that you take with Roberson’s conviction centers on shaken baby syndrome.
Brian Wharton:
Yes.
Taylor Wilson:
What makes you so certain that Nikki did not die of SBS?
Brian Wharton:
Well, I’m not a biomedical engineer. I am not a physician. From what I glean from the writing and what I’m able to read, it just didn’t happen that way. It doesn’t feel like it happened that way. There’s no evidence that it happened that way. What I understand about shaken baby syndrome, and particularly in her case, is if she was shaken significantly enough to create the internal brain injuries that were seen, there would’ve had to have been also neck injuries, and there were no neck injuries. The additional medical evidence that the pathologist missed as far as the pneumonia, she had substantial pneumonia in both lungs, and she was on Phenergan and another opioid, and opioid to help her with pre-existing conditions, both of which were respiratory suppressants and neither of which you’re allowed to prescribe to children anymore. These things all contributed to what was going on in her body, but we’d took none of those other things into consideration.
There’s no surety here anymore. There is no beyond a reasonable doubt here anymore. There is plenty of doubt that we got it wrong. I mean that Robert is a completely innocent man and we got it completely wrong, because we were looking for the wrong things. We fell into the trap of confirmation bias, that emotional charge in the hospital that here is a two-year-old little girl that is about to die, somebody did this to her, who did it, how did it happen? And the first thing you hear is abuse, shaken baby syndrome, and we just take it and run with it, and we find all the facts that we need to make it stand up.
Taylor Wilson:
Brian, I want to take us back to something you said at the beginning of the conversation. You said that Roberson really showed little emotion on the day of his daughter’s death. You’ve since learned that he has autism. Can you just tell us how this impacted your thinking on the case?
Brian Wharton:
Well, I mean, it answers a lot of questions. The day that we met Robert, I mean, I remember distinctly those… The content of the conversations, I can’t remember exactly, but I remember people commenting, he’s not right, there’s something wrong with him, he’s not behaving in the right way. And we felt like that was maybe emblematic of some guilt feelings, that he’s trying to hold everything close to the vest so that he doesn’t give anything away. And I would assume, I couldn’t be in the room because I was under the rule in the city of Texas, as a witness I couldn’t be in the room. But my assumption is that that’s the way the jury saw him. We’re talking about his child dying and he is sitting there with an emotionless face, not responding to what’s going on, as we would in the courtroom, and so what does the jury think of that?
Taylor Wilson:
So there have also been some new medical and forensic developments in the case, Brian. Would you give us a summary of this and why hasn’t that been enough to overturn Roberson’s conviction?
Brian Wharton:
This wonderful English doctor observed in some child injury cases that there was this triad of symptoms that if you saw them, they were significantly related to a baby being shaken and harmed, and that was put forward as a theory. And what happened was that theory immediately got way too much traction and took off as a matter of fact. And so anytime that triad of injuries showed up, diagnosis of shaken baby syndrome, and then the criminal fallout from that diagnosis. Since that time, the doctor who put forward that theory has said, no, y’all are misusing what I put forward is a theory. And then the additional scientific evaluation of that has just shown that not to be the case. Nikki was a child who was very sick from very early on. She had had temperature of 104 the day before. She was on these medications. She had pneumonia, she had sepsis, undiagnosed sepsis. So there was a lot of stuff going on with the child before she was brought to the hospital.
Taylor Wilson:
So then Brian, why haven’t these latest kind of medical shifts in the thinking around shaken baby syndrome, why haven’t they been enough to overturn the conviction?
Brian Wharton:
There’s the million-dollar question. Justice isn’t the conversation. If it was justice that everybody was interested in, I think this would be a settled matter. But the courts and the prosecutors are resistant to change, change as far as convictions. And so just trying to get new information in front of a court in a way that they have to evaluate it and give a fair reading of it, it’s no simple matter.
Taylor Wilson:
Well, Brian, I want to hear a little bit more about your story. You went from Chief of Detectives to now being an ordained minister in the United Methodist Church, that seems like a dramatic career and lifestyle change. Was it Roberson’s case, the catalyst for your personal transformation, or was it perhaps the other way around?
Brian Wharton:
Certainly it was part of it. I mean, since I was a kid on the playground, I hated bullies and I hated the way people got treated by others. So that’s always been part of me, and it has been in my vocational choices. I was raised in a military family and so that’s where I started, because that’s what I knew. I didn’t know anything else. But it’s always been about taking care of those who can’t defend themselves. So from the military, I went into police work. As my faith was also growing at the same time, my faith journey was progressing, I came to start wrestling with what is justice? For me, it was a moving away from structural, procedural enforcement as giving the appearance of justice into a life that actually seeks justice.
Taylor Wilson:
And Brian, getting back to Robert’s case, you actually met with him earlier this year. I’d imagine that was such a powerful experience. What can you tell us about that meeting?
Brian Wharton:
He’s in a prison, not 12 miles from here. And so yeah, I had the opportunity to begin to meet with him. I’ve visited him a couple of times now, and I hope to go visit him next week again. The first time was tough. Knowing what I now know, believing what I now believe, and looking at someone behind Plexiglas that I am in part responsible for putting there and knowing what he’s facing. But what I found was a very kind and gracious man who spoke forgiving words to me, which were helpful to me, surprising to me. But sadly, if we’re not successful here, as much as his forgiveness means, it doesn’t help me, it’ll hurt.
Taylor Wilson:
Brian, you say it doesn’t help you, can you talk through your feelings a little bit on this? Is guilt the right word, the feelings you’ve been going through over the last couple of decades?
Brian Wharton:
Well, so yeah, certainly that’s part of it. But the further we went without any kind of relief, I just thought, oh my gosh, I’m going to be part of a process that is going to put an innocent man to death. So it’s guilt, it’s shame. There’s anger here, because I can’t, for the life of me, understand how we are at the place that we’re at right now. There has to, at some places in the system, a real deliberate indifference. After conviction, Robert and men like him, and women like him, are no longer people that we see as human beings. They have no value. So we don’t think of them in the right way, so we certainly can’t speak of them in the right way and we won’t judge them in the right way.
So there’s that anger in me that, again, I’ve been part of this. I’m still hopeful that relief will come, but I don’t think any of this has ever going away. I’ve been a part of advocating for Robert since Gretchen came and found me, his attorney came and found me. Regardless of what happens in Robert’s case, I will continue to, in some way, be engaged in this ongoing problem in the state of Texas. It’s time, it’s beyond time for us to abolish the death penalty.
Taylor Wilson:
Brian, have you received any pushback from the law enforcement community for your stance here? And what are your former police department colleagues saying?
Brian Wharton:
I’ve not heard from any of them. I don’t know. The few emails that I have gotten as a result of all this have been rather supportive of people in similar circumstances. I’ve got an email from a police officer in Oregon, I think it was, who’s kind of in the middle of a similar situation, trying to figure out how he can help. There are good people in the system that honestly want to do the right things, but you become too many of us in the community around. I was saying this to my church this last week, we go home every night and we sit in front of the TV, and we just assume that the world around us is working the way that it should be working. We have trust and faith in the systems, which for the most part is okay, it’s true. But occasionally, alarm bells will go off around us, and that’s the moment for all of us to sit up and pay attention, and listen and learn, and then make the adjustments. Let’s not fear change. Let’s not fear correcting our mistakes. And that’s where we are right now. We have a system that just absolutely refuses, abhors the idea of admitting a mistake and then fixing a mistake.
Taylor Wilson:
Robert is set to be executed on October 17th. What’s your message to listeners who may want to support your efforts to spare his life? What can they do to help?
Brian Wharton:
The energy that’s needed and needs to come now to the Board of the Pardons and Parole and to the governor’s office or the clemency will be considered. Speak your mind, speak your heart. Let them know. You can go to the Innocence project page. Don’t take my word for anything. Go to the Innocence project page and read the documents there. Find out what’s going on. And then if your heart feels led, speak, your government needs to hear from you.
Taylor Wilson:
Brian, do you have any final thoughts that you want to leave our listeners and our viewers with after this conversation?
Brian Wharton:
I would just say that I was wrong. I didn’t see Robert. I did not hear Robert. And as a consequence, he’s in the place he’s in now. He was probably then, but I just wouldn’t let myself hear it and see it, but I can tell you now, he is a good man. He is a kind man. He is a gracious man. And he did not do what the state of Texas and I have accused him of.
Taylor Wilson:
Thank you so much for taking the time to talk with us today, Brian, and good luck going forward.
Brian Wharton:
Thank you.
Taylor Wilson:
Thanks for watching. I’m Taylor Wilson. I’ll see you next time.
(source for both: USA Today)
NORTH CAROLINA:
Jamere Foster, suspect in death of Sgt. Philip Dale Nix, no longer facing death penalty
A stunning courtroom development occurred in the ongoing court case of the 3 suspects charged with killing Greensboro Police Sgt. Philip Dale Nix.
On Monday morning, the district attorney read out an order detailing that the state won’t pursue the death penalty against Jamere Foster, who’s been indicted on 1st-degree murder charges.
This decision comes at the request of Nix’s family, including his parents and widow.
Nix was shot to death in December 2023 while off duty after approaching a group of people suspected of stealing beers at a Sheetz on Sandy Ridge Road in Colfax.
Z’Quirah Blackwell and John Morrison, who have also been indicted in this case, also appeared before a judge.
All 3 suspects are scheduled to be back in court on Dec. 2.
(source: WXII news)
ALABAMA:
State to seek death penalty for man accused of Lawrence County murder, kidnapping
Prosecutors plan to seek the death penalty for a man accused of murder and kidnapping during a Lawrence County home invasion last November, according to court filings last week in Lawrence County Circuit Court.
Jordan Cesar Hernandez, 36, is charged with capital murder in connection with the alleged Nov. 4 home invasion at 1577 Lawrence County 245 that left Dustin Grimes dead from a gunshot wound.
Karen Grimes, Dustin Grimes’ wife, told investigators that she had been sleeping in bed with her husband when she heard people enter the room, according to testimony last year at a preliminary hearing. She said she heard a noise like a flashbang before the lights were turned on, and she saw that her husband was dead.
Karen Grimes told investigators that there were 2 masked people in the room at the time and that a 3rd person entered the home later, according to testimony. The suspects allegedly forced Grimes to help them steal firearms from the home and then kidnapped her.
Eventually, Grimes was able to escape after the suspects brought her to an ATM to withdraw cash, according to the Lawrence County Sheriff’s Office.
2 alleged accomplices of Hernandez have since been arrested and charged with murder, 1st-degree kidnapping and 1st-degree robbery: Auburn Renee Moore, 36, of New Hope; and Asia Schontelle Hubbard, 27, of Decatur.
At a preliminary hearing last year for Moore, a Sheriff’s Office investigator said Moore had shared an open-marriage relationship with the victims. Grimes told investigators that, during the alleged kidnapping, she recognized Moore and heard Hubbard’s name spoken.
Casefile
Hernandez was apprehended on Nov. 5 after leading multiple law enforcement agencies in a chase before crashing his vehicle east of Calvary Assembly of God, off Alabama 20, according to the Decatur Police Department. Police said Hernandez shot a firearm at pursuing vehicles.
Hernandez was housed in the Lawrence County Jail without bond until July, when he was transferred to the Colbert County Jail following an alleged assault by two other inmates. Dustin Grimes’ father, Mickey Grimes, was also an inmate in the Lawrence County Jail at the time of the alleged assault.
Lawrence County District Attorney Errek Jett indicated he would seek the death penalty for Hernandez, if found guilty, in a notice filed last Monday.
Hernandez is charged with a capital offense — murder during a burglary — with 3 aggravating circumstances, according to Jett: The defendant knowingly created a great risk of death to others; the offense was committed during a burglary or kidnapping; and the offense was especially heinous, atrocious or cruel compared to other capital offenses.
Jett also filed an objection last Monday to an August court order granting Hernandez and his attorneys permission to view the crime scene.
“The facts of this case make it impossible for Mr. Hernandez to describe the scene to his attorneys in sufficient detail to enable counsel to adequately investigate the scene of the alleged crime without his presence whereby they could take pictures, take measurements, or otherwise properly investigate the scene of the alleged crime without his assistance,” wrote Tony Hughes, an attorney for Hernandez, in an Aug. 6 motion.
Circuit Judge Callie Waldrep granted Hughes’ motion in an Aug. 15 order. She noted, however, that the order did not require the State to do what it does not have the legal authority to do.
“The crime scene in which the defense wishes to view/inspect is the Grimes family home,” Jett wrote in his objection to the order. When Karen Grimes was told about the court order, “she immediately objected, asserting that this was her home and she did not want the defendant or his defense team there.”
Jett said, in the motion, that neither the State nor law enforcement have the legal authority to compel Karen Grimes to open her home to the defense team.
“Ms. Grimes’ strong feeling against such visitation should be protected,” Jett wrote.
The court had yet to respond to the State’s objection at the time of publication.
(source: The Decatur Daily)
INDIANA—-impending execution
With Indiana’s next execution just 11 weeks away, clemency request is next move
Amid a surge of executions being carried out across the country, Indiana’s 1st death row inmate in more than a decade is scheduled to meet the same fate before the end of the year, barring a final act of clemency at the discretion of Gov. Eric Holcomb.
Joseph Corcoran, who killed 4 people in 1997, was ordered by the Indiana Supreme Court last month to be executed Dec. 18.
Although Corcoran’s attorneys have argued that he should be spared due to his mental illness, the state’s high court upheld the sentence, just as multiple state and federal courts have done, as well.
Larry Komp, lead attorney for Corcoran’s legal team, told the Indiana Capital Chronicle his client is seeking a last plea with a clemency petition, however. Komp said he plans to visit with Corcoran — who’s currently being held at the Indiana State Prison— and file the necessary paperwork this week.
During the clemency process, Komp said the goal is to engage with the governor and his legal advisers as much as possible “to facilitate the most accurate decision.”
Holcomb has so far defended the state’s move to carry out Corcoran’s execution, saying he would let the legal process “play out” but review any petition materials that make it to his desk. Although the state parole board leads the clemency process, it’s up to the governor to issue a final verdict.
Corcoran’s mental health has been a part of the decades-old case since its inception, with state and federal public defenders saying he continues to suffer from paranoid schizophrenia that causes him to experience “persistent hallucinations and delusions.” Komp was unable to comment on recent conversations with his client, but emphasized that Corcoran “continues to suffer from a serious mental illness.”
Komp and other counsel focused on Corcoran’s mental state in their most recent filings with the state supreme court and are likely to double down in the clemency petition.
“They continue to administer major antipsychotic drugs,” Komp said. “Indiana State Prison has not cured his schizophrenia.”
Death row inmates in 5 states were put to death in the last 10 days — an unusually high number of executions that defies a yearslong trend of decline in the United States.
The 1st execution was carried out on Sept. 20 in South Carolina. 2 more death row inmates, in Missouri and Texas, were pronounced dead last week following executions.
Death warrants were additionally carried out last week in Alabama and Oklahoma, marking the 1st time in more than 20 years — since July 2003 — that 5 executions were held in 7 days, according to the nonprofit Death Penalty Information Center.
6 other U.S. executions are scheduled before Corcoran’s December date. The next is set for Tuesday, in Texas.
Another Indiana man, Benjamin Ritchie, could be on deck. Indiana Attorney General Todd Rokita filed a motion with the state’s high court last week requesting an execution date be set for the death row inmate, who was convicted in 2002 for killing a law enforcement officer from Beech Grove.
Ritchie has exhausted his appeals. It’s now up to Indiana’s high court justices to grant the state’s request and set an execution date.
Indiana’s execution process
Since 1897, all of Indiana’s 92 state executions have taken place at the Indiana State Prison in Michigan City, as required by state law.
While separate from state death warrants, an additional 16 executions have been carried out at the federal prison in Terre Haute since 2001.
Including Corcoran, 8 men currently sit on death row — also called “X Row” — in Indiana.
State code requires executions to be carried out by lethal injection and take place “before the hours of sunrise” on the date scheduled by the Indiana Supreme Court.
The warden of the state prison is responsible for selecting an executioner. State law does not stipulate who can administer life-ending drugs. The Indiana Department of Correction did not answer the Capital Chronicle’s request for information about who has been, or could be, selected for Corcoran’s execution.
Although multiple individuals are involved in the Indiana execution process, their identities have historically been kept confidential, as instructed under the law.
Death row inmates are provided with a last, or “special” meal, ordered from a local restaurant, according to DOC. The meal must be eaten within four hours and is served 48 to 36 hours before the execution. An inmate is allowed to share food with visitors.
Also during the final 48 hours, offenders are permitted unrestricted phone calls to say their goodbyes. They’re also allowed to visit with family, friends and lawyers in 2-hour intervals.
Shortly before execution, inmates are further able to write down a final statement. They’re given the chance to provide one last verbal statement in the minutes before the lethal injection.
When a prisoner is executed, he or she is strapped to a gurney in a white cinder block room, containing one two-way window, and another window affixed with retractable blinds. Once given the OK by the prison warden, an IV line is inserted, and a lethal substance, or substances, is injected.
State law doesn’t specify what drugs are to be used for executions, saying only that the drugs must be injected intravenously in a quantity and for an amount of time sufficient to kill the inmate.
Previously, Indiana used a lethal combination of 3 substances to induce death. A new 1-drug method, using pentobarbital, is expected for Corcoran’s execution.
Under Indiana law, only the following are allowed to be present during an execution:
the state prison warden
the assigned executioner, and any necessary assistants
the prison physician, as well as 1 other physician
the convicted person’s spiritual advisor
the prison chaplain
up to 5 friends or relatives invited by the inmate
up to 8 members of the victim’s immediate family who are at least 18 years old
Victims’ families were not explicitly permitted to witness executions until state legislators amended the law in 2006. Not long after the policy was enacted, family members of Juan Placencia — who was killed by David Leon Woods in 1984 in Garrett — told reporters that their ability to witness Woods’ death in May 2007 helped provide closure. They were the first family members to witness an execution under the law.
The lists of witnesses are often private, but past media reports show the most recent Indiana executions were attended by the victim’s family, attorneys, spiritual advisers and various prison staff.
Once pronounced dead, the inmate’s family can request for the body to be released to a funeral home, or the deceased can be cremated and buried at the cemetery at the Indiana State Prison.
A final grasp at clemency?
After Corcoran’s petition is filed, Komp said he expects clemency proceedings to commence soon after.
With clemency, the governor — in tandem with Indiana’s Parole Board — can elect to commute a death sentence to life imprisonment or grant a pardon for a criminal offense.
The Indiana Constitution gives the governor exclusive authority to grant reprieves, commutations, and pardons for all offenses — including capital crimes — except for treason and impeachment. The parole board is tasked by state law with assisting in that process.
The 5-member board, specifically, is responsible for conducting an investigation into the merits of a clemency petition.
Shortly after an execution date is set, the board sets a schedule for the filing of clemency petition; submission of supporting materials; an interview and psychiatric examination of the death row inmate; a public hearing; and a public announcement of the parole board’s recommendation.
Members of the press and the general public are permitted to attend the inmate’s interview.
The subsequent public hearing — which Komp said will likely be scheduled “pretty quickly” — typically takes place 2 or 3 days prior to the execution date and is held in the Indiana Government Center in Indianapolis.
Each side — the state and counsel for the death row inmate — is given 90 minutes to present their case for or against clemency. The parole board presides over the hearing, and frequently interjects with questions.
Once complete, board members individually submit their recommendations to the governor, who has final say over the matter.
While not traditionally part of the clemency deliberations, Komp said his team are additionally seeking to “sit down” with Holcomb’s general counsel before a decision is made. He pointed to Missouri, Oklahoma, Kentucky and other jurisdictions that ensure such a meeting.
“We’re going to request to have that opportunity to answer any questions that the governor may have, that his general counsel may have,” Komp said. “What we’ve found in other jurisdictions is they have questions. Having an hour meeting and getting to say, ‘This is our pitch. Do you have any questions? Or is there something that the parole board said that you have a question or a concern about?’ Or maybe there’s something they think the parole board didn’t necessarily characterize correctly, because context matters, and we can provide context for something that we think is being misconstrued. So it’s not to get in the way — just provide accuracy.”
Three clemencies have been granted in Indiana since 1976, according to the Death Penalty Information Center.
In 2004, former Indiana Gov. Joe Kernan commuted the death sentence of Darnell Williams to life imprisonment without parole on the basis that his co-defendant initially received a life sentence, making it “unjust” to execute only Williams.
Kernan, a Democrat, commuted another death sentence in 2005 of Michael Daniels, emphasizing doubts about Daniels’ personal responsibility for the crime and the quality of legal process leading to his death sentence.
The most recent was in 2009, when then-Gov. Mitch Daniels commuted the death sentence for Arthur Baird, who killed his pregnant wife and her parents in 1985. Although the Board of Paroles denied his petition for clemency, Daniels granted Baird clemency one day before the scheduled execution, in part citing questions about Baird’s sanity.
The former Republican governor additionally noted that life without parole in murder cases was not an option at the time of Baird’s sentencing; it became an option in 1994.
Other details still under wraps
A DOC spokesperson did not answer specific questions about who will be permitted to witness Corcoran’s execution. The department said only that a staging area for media will be available outside of the state prison, “and additional information will be provided closer to the date of the execution.”
The agency has also avoided answering questions about the drug acquired to resume executions in the state.
It wasn’t until June that Holcomb, along with Indiana’s attorney general, announced that the state’s Department of Correction has obtained pentobarbital to carry out the death penalty.
It remains unclear how the state obtained the pentobarbital. The governor’s office has declined to say where the drug was acquired, citing state law. Lawmakers made information about the source of the drugs confidential on the last day of the 2017 legislative session.
The Capital Chronicle filed a records request June 30 seeking the cost of the drugs. The Indiana Department of Correction has yet to fulfill the request.
Idaho reportedly spent $100,000 earlier this year to purchase three doses of pentobarbital, the drug used in lethal injections. It’s not clear if that’s the same quantity purchased or price paid by Indiana, however.
In 2015, a fiscal report prepared by Indiana General Assembly found that the average cost of a death penalty trial in the Hoosier State was $385,458 — nearly 10 times more than the cost of trial and appeal for cases in which the prosecution seeks a maximum sentence of life without parole.
Corcoran’s legal counsel have called on the state in recent court filings to make public protocols for the new execution drug’s use, including the amount of pentobarbital in Indiana’s possession, the drug’s expiration date and details about its potency and sterility.
Advocates additionally said it’s critical for the public to know who will be administering the drug — and how — as well as what training those individuals will receive.
Although no state-level executions in Indiana have used pentobarbital before, 13 federal executions carried out at the Federal Correctional Complex in Terre Haute have been carried out with the drug. Fourteen states have used pentobarbital in executions, too.
“All we want is what we are absolutely entitled to under Indiana law. And there’s no excuse why they have been unable to produce this since June. They have no explanation for why they’re dragging their heels on this,” Komp said. “Have the (attorney general) say they didn’t violate any federal or state laws in acquiring these drugs. That’s what we want. We gave the attorney general an opportunity in a legal filing to say they dotted their eyes and crossed their t’s, and they have refused to do so. Now here we are, two months after that, and we’ve still gotten crickets from them. So, we’re going to take all proper measures to pursue those rights and to make sure that everything’s on the up and up.”
(source: theindianalawyer.com)
NEVADA:
Nevada may join 23 states in ending the death penalty, coalition urges action
The calls to end the death penalty in Nevada are growing louder after the recent execution of a Missouri Man.
The Nevada Coalition Against the Death Penalty is calling for lawmakers to introduce a bill that would abolish capital punishment in Nevada.
This follows the execution of Marcellus Williams, despite prosecutors and the victim’s family pleading for him to remain alive.
Mark Bettencourt, executive director of the coalition, said Nevada has a deep history with capital punishment.
Nevada was the 1st state to execute by means of the gas chamber in 1924 and moved to lethal injection in 1979.
A recent survey of death notices filed in Nevada in a 10-year period showed more than half were filed against people of color, although they make up a fraction of the state’s population.
Bettencourt said studies nationally, have shown 1 out of 8 people that’s executed are innocent.
If a bill is passed during next year’s legislative session, Nevada would fall in line with 23 other states that have abolished capital punishment.
(source: KSNV news)
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The Calls to End the Death Penalty in Nevada Grow Louder After the Recent Execution of a Missouri Man
The Nevada Coalition Against the Death Penalty is intensifying its push for the abolition of capital punishment in the state, following the controversial execution of Marcellus Williams in Missouri. Williams was executed despite pleas for clemency from both the prosecutor and the victim’s family, reigniting the national debate surrounding the death penalty.
Mark Bettencourt, executive director of the Nevada Coalition Against the Death Penalty, highlighted Nevada’s long and troubled history with capital punishment. “Nevada was the 1st state to execute by means of the gas chamber in 1924 and moved to lethal injection in 1979,” Bettencourt stated. “A recent survey of death notices filed in Nevada over a 10-year period showed more than 1/2 were filed against people of color, although they make up a fraction of the state’s population.”
Bettencourt also pointed to the risk of executing innocent individuals, citing studies that indicate 1 in 8 people executed in the US are innocent. “The death penalty is irreversible. Once it’s carried out, there’s no way to rectify a mistake,” he emphasized.
The coalition is urging Nevada lawmakers to introduce a bill that would abolish capital punishment in the state during the next legislative session. If passed, Nevada would join 23 other states that have already abolished the death penalty.
The execution of Marcellus Williams has brought renewed attention to the ethical and logistical issues surrounding capital punishment. The case has also raised questions about racial bias in the application of the death penalty and the possibility of executing innocent people.
The Nevada Coalition Against the Death Penalty hopes that the momentum generated by the Williams case will finally lead to the abolition of capital punishment in the state.
(source: The Nevada Globe)
CALIFORNIA:
Here’s Why L.A.’s Top Law Enforcement Official Wants to Ban the Death Penalty—-After the Execution of Marcellus Williams, L.A. District Attorney George Gascón Calls On Gov. Gavin Newsom to Ban the Death Penalty by George Gascón
(Word in Black is a collaboration of 10 of the nation’s leading Black publishers that frames the narrative and fosters solutions for racial inequities in America)
The execution of Marcellus Williams serves as a stark reminder of the injustices of the death penalty. Today, as we reflect and mourn this death, we must consider the facts of the final hours of Mr. Williams’ life: There were ample concerns about the evidence of the case, including DNA evidence that refuted early claims. In a petition to the court, the victim’s family asked that Mr. Williams not be put to death.
Prosecutors in Missouri objected to this execution—a fact that grieves many prosecutors, including me as the LA County District Attorney. Part of our work as prosecutors is to serve victims of crime, and this execution was a painful disservice to the family Lisha Gayle, who have sought justice since she was killed in 1998.
Today I am calling on Governor Gavin Newsom to use executive action to commute the death sentences of nearly 700 people on California’s death row and sentence them to life without the possibility of parole instead.
While the death penalty has been halted in California due to the Governor Gavin Newsom’s 2019 moratorium on executions, the state has not formally joined the 23 other states where the death penalty is illegal. This important change will allow for continued advocacy and action towards abolishing this unjust and irreversible punishment.
We must recognize that the threat of death without the assurance of justice is an indignity to our system, and we must also acknowledge there are systemic biases that endanger Black men like Mr. Williams disproportionately. Recall that Mr. Williams was convicted and sentenced to death in 2001 for murder despite significant doubts about his guilt. After spending 24 years in prison, new DNA evidence emerged that contradicted the initial findings and raised serious doubts.
Now, through the callous disregard of the Missouri governor, we have lost the opportunity for justice.
As the District Attorney of Los Angeles County, let me be clear: I will never seek the death penalty. I don’t hold this view because it is popular or easy; I do it because I truly believe in justice and the important work of prosecutors across this country. Throughout my career in San Francisco and Los Angeles, I have never pursued this ultimate punishment, choosing to focus on promoting justice and fairness in our criminal justice system.
Since being elected as District Attorney of Los Angeles, I have taken significant steps to address the injustices of the death penalty that we see time and time again. In the last 3 years, through the Resentencing Unit, my office has resentenced 36 individuals off death row and given them Life Without the Possibility of Parole instead. This decision not only spares them from the ultimate punishment but also allows them the opportunity to seek redemption and rehabilitation, and in some cases, their innocence.
Out of the 14 exonerations that have occurred in my administration, at least one man faced the death penalty. Thankfully, the jury rejected the request and sentenced him to life without the possibility of parole instead. If not for this decision, he might have been executed before he was able to prove his innocence.
By refusing to seek the death penalty, I am standing up against these injustices and advocating for a more humane and equitable criminal justice system. I believe in holding individuals accountable for their actions but recognize that the death penalty is not the answer.
The irreversible nature of the death penalty means that there is no room for error, which is too great a cost to bear. Marcellus’ case underscores that mistakes are made and the high risk of executing innocent individuals and the urgent need for reform in our criminal justice system.
Since 1973, the Death Penalty Information Center calculates that 200 people have been executed and later exonerated and found innocent, further highlighting the grave consequences of a flawed and immoral practice like the death penalty.
In a time when the death penalty is increasingly being questioned and abolished in many states, my stance reflects the growing consensus that capital punishment has no place in a fair and just society. I am committed to leading by example and showing that there are alternative ways to achieve justice without resorting to the ultimate punishment.
The case of Marcellus Williams should serve as a powerful reminder that reform and abolition of the death penalty is needed now.
I call on Gov. Newsom, respectfully and sincerely, to act today to preserve truth and justice in California.
(source: George Gascón is the 43rd district attorney of Los Angeles County. Gascón’s career includes serving as San Francisco district attorney, as San Francisco police chief, as Los Angeles Police Department assistant chief, and as an LAPD officer; Washington Informer)
USA:
Rulings for 2 Death-Sentenced Prisoners Recognize Devastating Harm Caused by Solitary Confinement
Conditions on Death Row Mental Illness Women Pennsylvania Tennessee
Scientists and other experts are unanimous in their conclusion that indefinite or prolonged solitary confinement causes serious harm, and the United Nations says it amounts to torture—yet most death-sentenced people in America are confined to these extreme conditions of isolation and deprivation for years. As of 2020, a dozen states routinely kept death-sentenced prisoners in single cells for at least 22 hours a day with little-to-no human contact. 2 recent developments in capital cases recognized the severe harm of these conditions. In Tennessee, Christa Pike, who had been held in functional solitary confinement for 28 years as the only woman on the state’s death row, reached a settlement with the state that would allow her to work and socialize with other women in the general prison population. And in Pennsylvania, a federal appeals court ruled that Roy Williams, who has a lifelong history of serious mental illness, could proceed with his lawsuit alleging that the state unconstitutionally subjected him to 26 years of solitary confinement in violation of the Eighth Amendment and the Americans with Disabilities Act (ADA).
In Tennessee, Ms. Pike (pictured) sued the Department of Corrections in 2022, alleging that the state had kept her in de facto solitary confinement for over a quarter century. While the men on death row are allowed to socialize and work together, and another death-sentenced woman was permitted to live among the general prison population before her sentence was commuted in 2010, Ms. Pike had “no social engagement with other incarcerated individuals or prison staff, no educational or religious programming, and nearly no physical contact with another human being.” On Monday, September 16, Ms. Pike reached an agreement with the state that will give her equivalent opportunities to the men on death row, including a job, shared meals with other incarcerated women, and more time out of her cell. “For the last nearly 30 years, Ms. Pike has been subjected to solitary confinement in a cell the size of a parking space, where she has had nearly no meaningful human contact,” said Ms. Pike’s attorney Angela Bergman. “These conditions have had a devastating impact on her mental and physical health.” Ms. Bergman said that the settlement would be “life-changing” for Ms. Pike and signify “a reprieve from decades of harmful and unconstitutional conditions, [and] an opportunity to have a meaningful, positive impact on those around her.”
In Pennsylvania, Mr. Williams sued the Department of Corrections (DOC) for holding him in near-constant solitary confinement from 1993 to 2019 despite his history of serious mental illness. (Pennsylvania only ended its mandatory solitary confinement policy in 2019 in response to a successful class action lawsuit; at least 4 other states have ended their equivalent policies in response to lawsuits.) Mr. Williams argued that the state violated the Eighth Amendment’s ban on cruel and unusual punishment and the ADA’s protections against discrimination for individuals with disabilities. A federal district court dismissed Mr. Williams’ claims, holding that the DOC held qualified immunity and Mr. Williams could not show that the state exhibited “deliberate indifference” to his disability.
However, on Friday, September 20, the Third Circuit Court of Appeals overturned the district court and held that Mr. Williams’ claims could proceed. “[I]ndividuals with a known history of serious mental illness have a clearly established right not to be subjected to prolonged, indefinite solitary confinement—without penological justification—by an official who was aware of that history and the risks that solitary confinement pose to someone with those health conditions,” the court wrote. The court cited Mr. Williams’ records of suicidal ideation, depression, and mental health hospitalizations going back to 1979, when he was 14 years old. He was diagnosed with a psychiatric disability in 1994 and placed on the DOC’s Mental Health Roster, and experts later concluded that he was “severely psychologically, cognitively, and emotionally impaired.”
The court strongly rebuked the state’s arguments in the case, as well as its solitary confinement policies, which were extensively documented in a scathing 2014 investigation by the U.S. Department of Justice (DOJ). The DOJ found that Pennsylvania held death-sentenced prisoners in 7- by 12-foot cells around the clock and barred them from basic education courses, vocational opportunities, and group religious services. There was no natural light in the cells, but the artificial lights were kept on all night, and the lack of ventilation meant the unit often smelled of human feces. Officials punished prisoners who exhibited symptoms of mental illness by denying them running water and bedding, taking away their clothes, and placing them in full-body restraints for more than seven hours at a time. The DOJ concluded that the Pennsylvania DOC’s use of solitary confinement for people with serious mental illness violated both the Eighth Amendment and the ADA. Citing these findings, the Third Circuit wrote that Pennsylvania’s “blanket policy of keeping people with known preexisting serious mental illness in solitary confinement solely because they were sentenced to death, even in the absence of an active death warrant, amounted to ‘foul’ and ‘inhuman’ conditions of confinement…without penological justification, a classic Eighth Amendment violation.”
The court also emphasized that “solitary confinement can ‘cause cognitive disturbances’ after ‘even a few days’ in a person without a preexisting mental illness; obviously, such prolonged confinement is particularly cruel for a person with ‘severely compromised mental health.’” Both Mr. Williams and Ms. Pike suffer from organic brain damage and psychiatric disorders that experts say make them particularly vulnerable to the conditions of solitary confinement. Ms. Pike was exposed to alcohol in utero, which can have disastrous effects on the developing brain, then faced “abuse, neglect, multiple violent rapes, and…severe mental illness” in childhood. Mr. Williams had already experienced serious mental illness symptoms for half his life before entering Pennsylvania custody, and attempted suicide on death row. The Third Circuit’s ruling tracks the UN’s recommendation that any use of solitary confinement “should be prohibited in the case of prisoners with mental or physical disabilities when their conditions would be exacerbated by such measures.”
(source: Death Penalty Information Center)
JAPAN:
World’s longest-serving death row inmate mulls suing govt after acquittal
A lawyer for the world’s longest-serving death row inmate — who was acquitted in a Japanese retrial last week of a 1966 quadruple murder — said that the defence team is considering filing a damage suit against the government over the fabrication of evidence that ruined the man’s life and his mental health by keeping him in prison for 48 years.
Iwao Hakamada, an 88-year-old former boxer, was found not guilty last week by the Shizuoka District Court which concluded that police and prosecutors collaborated in fabricating and planting evidence against him. The court said he was forced into confession by violent, hours-long closed interrogations.
The acquittal made him the fifth death row inmate to be found not guilty in a retrial in postwar Japan, where prosecutors have a more than 99% conviction rate, and retrials are extremely rare.
Hakamada was convicted of murder in the 1966 killing of an executive and three of his family members, and setting fire to their home in central Japan. He was sentenced to death in 1968 but was not executed, due to the lengthy appeal and retrial process in Japan’s notoriously slow-paced criminal justice system.
He spent more than 45 years on death row — making him the world’s longest-serving death row inmate, according to Amnesty International.
Hakamada is entitled to receive compensation of up to about 200 million yen (NZ$2.2 million) when prosecutors accept the ruling, making the acquittal final.
His lawyer Hideyo Ogawa told reporters that the defence team is also considering filing a damage suit against the government because investigators and the police collaborated in fabricating evidence, despite knowing fully well that it could send the man to the gallows and that would be “totally unforgivable”.
Ogawa also demanded that a recording of the investigation process should be made mandatory in the future.
Hakamada’s 91-year-old sister Hideko Hakamada said she has been trying to explain the victory to her brother but he seems still not convinced that he is now a free man.
The sister, who devoted nearly half of her life to winning her brother’s innocence, said when she told him about his acquittal, as soon as she returned home, he was silent. The next morning, she showed him newspaper stories about him.
“I told him, ‘You see, it’s true, what you kept telling us really came true’, but he seemed still sceptical,” she said, citing his mental issue and deep suspicion due to his years-long solitary confinement. “I will keep reminding him of his acquittal every day” until he can finally believe it.
Hakamada, accompanied by his sister, joined his cheering supporters in a meeting in Shizuoka near his hometown of Hamamatsu, in his rare public appearance, and even made a short comment.
“Finally, I have won full and complete victory. Thank you,” Hakamada said. His sister said it was a big surprise as she thought if he could say thank you that was good enough. She says she thinks he is still not fully convinced.
It took 27 years for the top court to deny his 1st appeal for retrial. His second appeal for a retrial was filed in 2008 by his sister, and that request was granted in 2014, when a court ruled there was evidence suggesting he was wrongfully accused.
The court did not clear his conviction but released him from his solitary death-row cell, allowing him to await retrial at home because his poor health and age made him a low risk for escape. The case has since bounced along in several courts until last week.
Since his release, he seemed to be in his own imaginary world, and “I never expected him to say such a thing,” Hideko Hakamada said, referring to his remark. “I imagine he must have rehearsed the phrase while in prison for 48 years so he can say it when he wins acquittal one day.”
The case is not fully closed for them yet because prosecutors can still technically appeal the decision, while his lawyers and human rights activists are condemning such a move and have started a petition drive. It also sparked calls from law associations and rights groups to demand a legal revision to lower hurdles for retrials.
Japan and the United States are the only 2 countries in the Group of 7 advanced nations that retain capital punishment. In Japan, executions are carried out in secrecy and prisoners are not informed of their fate until the morning they are hanged.
(source: inews.co.nz)
EUROPEAN UNION/AZERBAIJAN:
EU Statements on Azerbaijan and on the death penalty
In September 2024, the European Union delivered two statements at the Council of Europe’s Committee of Ministers meetings. The 1st statement was on the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment regarding their public statement concerning Azerbaijan, and the 2nd one was on the death penalty.
On 11 September 2024, the European Union delivered a statement at the Council of Europe 1506th meeting of Ministers’ Deputies to express their concern over the latest detentions in Azerbaijan, which add to the worrying trend of detentions of independent journalists, human rights defenders & civil society representatives. The EU also called on the Azerbaijani authorities to resume a constructive dialogue with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
On 25 September, during a thematic discussion on the abolition of the death penalty and its focus on Belarus, the European Union delivered a statement to reaffirm the EU’s strong opposition to the death penalty in all circumstances. The EU reiterated the strong call on Belarus, the only country in Europe still applying the death penalty, to stop all executions pending its abolition.
(source: eeas.europa.eu)
IRAN—-executions
2 Unnamed Men Publicly Hanged in Khomein
State media have reported the public hanging of 2 unnamed men in Khomein for armed robbery.
Iran Human Rights condemns the return of public hangings to Iranian streets and urges the international community to deal seriously with this type of execution in Iran. The 1st 2024 public execution took place on 26 August.
IHRNGO DIrector, Mahmood Amiry-Moghaddam previously said: “Public hanging is an inhumane, cruel and degrading act that not only victimises the defendant but also the general public. The international community must condemn this barbaric punishment in the strongest terms. We will witness more public executions if the international community doesn’t show an appropriate response.”
According to the Judiciary’s Mizan new agency, two men were publicly hanged in Khomein in Markazi province on 30 September. The unnamed men were sentenced to death for charges of moharebeh (enmity against god) and efsad-fil-arz (corruption on earth) for armed robbery by the Revolutionary Court.
Ebrahim Gamizi, the Khomein prosecutor said the 2 men were arrested for an armed robbery on 15 December 2020 when they clashed and killed a policeman while escaping. They were subsequently arrested and sentenced to public execution.
This is the 2nd and 3rd public execution recorded in Iran in 2024. The 1st took place on 26th August in Shahroud. 2021 was the 1st year in over a decade during which no public executions were carried out by the Islamic Republic. This followed 2020 when only one execution was recorded, which was the lowest number since 2008, when Iran Human Rights started its systematic monitoring of executions in Iran. There is no indication that the decline in the number of public executions were the result of policy change, but rather a consequence of the COVID-19 pandemic restrictions. In 2022, public executions returned to the streets of Iran with 2 people publicly executed. That number rose to seven in 2024.
(source: iranhr.net)
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KURDISH WOMAN ACTIVIST SENTENCED TO DEATH
Humanitarian worker and civil society activist Pakhshan Azizi, from Iran’s oppressed Kurdish ethnic minority, is at risk of execution following a grossly unfair trial by a RevolutionaryCourt in Tehran. In July 2024, she was sentenced to death solely in relation to her peaceful humanitarian and human rights activities, including assisting displaced women and children in north-east Syria. Her allegations of torture and other ill-treatment were never investigated.
TAKE ACTION: WRITE AN APPEAL IN YOUR OWN WORDS OR USE THIS MODEL LETTER
Head of judiciary, Gholamhossein Mohseni Ejei, c/o Embassy of Iran to the European Union
Avenue Franklin Roosevelt No. 15,
1050 Bruxelles
Belgium
Dear Mr Gholamhossein Mohseni Ejei,
Humanitarian aid worker and civil society activist Pakhshan Azizi, 40, from Iran’s oppressed Kurdish ethnic minority, is at risk of execution after Branch 26 of the Revolutionary Court of Tehran sentenced her to death in July 2024. She was convicted of “armed rebellion against the state” (baghi) solely in relation to her peaceful human rights and humanitarian activities. For instance, between 2014 and 2022 she was involved in providing humanitarian support to women and children displaced following attacks by the Islamic State armed group (IS) and sheltering in camps in northeast Syria and the Kurdistan Region of Iraq. Her appeal before the Supreme Court is pending.
On 4 August 2023, Ministry of Intelligence agents arbitrarily arrested Pakhshan Azizi from her family home in Tehran and subjected to her an enforced disappearance, a crime under international law, by refusing to disclose her whereabouts to her family. Agents had transferred her to section 209 of Tehran’s Evin prison, which is under the control of the Ministry of Intelligence, and held her in prolonged solitary confinement for 5 months without access to a lawyer and her family. According to informed sources, during this time Pakhshan Azizi was subjected to torture and other ill-treatment during interrogations. Agents repeatedly told her that she had no right to live and threatened to execute her. They also subjected her to genderbased violence in order to compel her to make forced “confessions” of having ties to Kurdish opposition groups, which she repeatedly denied. In early December 2023, she was transferred to the women’s ward of Evin prison.
Pakhshan Azizi’s trial, which took place over two sessions on 28 May and 16 June 2024, was grossly unfair. She was denied adequate time and facilities to prepare her defence. She was only permitted a few phone calls with her chosen lawyers about 3 weeks before her trial commenced and met with them for the first time at trial. The court verdict includes Pakhshan Azizi’s arrest in 2009 at a protest against the execution of an Iranian Kurdish man as “evidence” against her. The verdict also states that she supported families of those unlawfully killed during 2022 nationwide protests.
I urge you to halt any plans to execute Pakhshan Azizi, quash her conviction and death sentence and release her immediately and unconditionally, as she is held solely for her peaceful humanitarian work and human rights activism. Pending her release, provide her with adequate healthcare and regular visits from family and lawyers; protect her from further torture and other ill-treatment; and order an independent, effective and impartial investigation into her torture allegations, bringing anyone suspected of criminal responsibility to justice in fair trials. Also, immediately establish an official moratorium on executions with a view to abolishing the death penalty.
Yours sincerely,
First UA: 87/24 Index: MDE 13/8585/2024 Iran Date: 30 September 2024
ADDITIONAL INFORMATION
On 4 August 2023, agents from the Ministry of Intelligence arbitrary arrested Pakhshan Azizi at her family home in Tehran along with several relatives, including Aziz Azizi, her father, and Pashang Azizi, her sister, and transferred them to Evin prison. Pakhshan Azizi’s family members were released from prison on bail about 2 weeks later. They were subsequently tried in the same case as Pakhshan Azizi before Branch 26 of the Revolutionary Court, and sentenced to between 1 year and 2 years’ imprisonment on national security and other charges that include “aiding a criminal to evade trial and conviction” in apparent reference to Pakhshan Azizi. In late September 2024, their convictions and sentences were upheld on appeal.
In an interview with Iranian media on 24 July 2024 after the verdict was issued against Pakhshan Azizi, one of her lawyers reiterated that “not only has Ms [Pakhshan] Azizi never taken up armed operations, but … from 1394 [2015/2016 on Georgian calendar] in effect because of the crimes of Da’esh [Islamic State (IS) armed group], she went to the area of Rojava [north-east] Syria, and due to being a social worker, she helped refugees and victims [of IS].” In the same interview, her lawyer also stated that “Even in the verdict itself, there is also no reference to any armed operations or armed confrontation involving Ms [Pakhshan] Azizi with any Iranian governmental or non-governmental entity.”
Since her arbitrary detention, Pakhshan Azizi went on several hunger strikes, including one in May 2024, to protest against the authorities’ transfer of Kurdish activist Verisheh (Wrisha) Moradi from the women’s ward of Evin prison to section 209. She ended her hunger strike when Verisheh (Wrisha) Moradi was transferred back to the women’s ward. In reprisal for Pakhshan Azizi’s ongoing human rights activism from prison, authorities have opened 2 new cases against her and denied her family contact. In mid-August 2024, according to an informed source, authorities opened a case against Pakhshan Azizi for “rioting in prison” in connection to her activism surrounding the presidential elections in Iran, which took place over 2 rounds between late June and early July 2024. From 6 July until mid-September 2024, authorities denied Pakhshan Azizi all contact with her family; she remains barred from in-person visits with her family. Authorities opened the second case in early September 2024 in connection to a protest Pakhshan Azizi and several others, including arbitrarily detained human rights defender Narges Mohammadi, held in the women’s ward of Evin prison against the Iranian authorities’ intensified use of the death penalty.
In the aftermath of the “Woman Life Freedom” uprising, Iranian authorities have intensified their use of the death penalty to instil fear among the population and tighten their grip on power. This escalation includes the use of the death penalty against oppressed ethnic minorities, including Baluchis and Kurds. On 29 January 2024, Iranian authorities arbitrarily executed Kurdish dissidents Pejman Fatehi, Vafa Azarbar, Mohammad (Hazhir) Faramarzi and Mohsen Mazloum, who were sentenced to death after a grossly unfair trial in late 2023. The authorities had subjected the 4 men to enforced disappearance since their arrests on 20 July 2022, and harassed and intimidated their families. The authorities have also intensified their use of the death penalty against women detained on political-motivated charges. In June 2024, a Revolutionary Court in Gilan province convicted human rights defender Sharifeh Mohammadi of “armed rebellion against the state” (baghi) and sentenced her to death solely due to her peaceful human rights activism. At least one other woman, Verisheh (Wrisha) Moradi, was also tried for “armed rebellion against the state” (baghi) a separate case. In 2023, authorities carried out at least 853 executions, and the use of the death penalty has disproportionately impacted Iran’s persecuted Baluchi ethnic minority, who constitute about 5% of Iran’s population, yet accounted for 20% of all executions in 2023. In 2024, the Iranian authorities have continued executions, including of ethnic minorities and dissidents.
Ethnic minorities in Iran, including Kurds, face widespread discrimination, curtailing their access to education, employment, adequate housing and political office. Continued underinvestment in regions populated by ethnic minorities exacerbates poverty and marginalization. In 2023, security forces unlawfully killed with impunity dozens of unarmed Kurdish cross-border couriers (kulbars) between the Kurdistan regions of Iran and Iraq. Amnesty International has also repeatedly documented how the Iranian authorities target individuals from Iran’s Kurdish ethnic minority for arbitrary arrest and detention based on their real or perceived support for or association with Kurdish parties, and do not provide sufficient evidence of their direct or indirect involvement in internationally recognizable offences.
PREFERRED LANGUAGE TO ADDRESS TARGET: Persian, English, or your own language.
PLEASE TAKE ACTION AS SOON AS POSSIBLE UNTIL: 31 January 2025.
Please check with the Amnesty office in your country if you wish to send appeals after the deadline.
(source: Amnesty International)
SEPTEMBER 30, 20204:
TEXAS:
Dallas holds vigil for Marcellus Khaliifah Williams
Close to 80 people came together late Thursday evening, September 26, at the Grassy Knoll in downtown Dallas for a vigil held to honor the late Marcellus Khaliifah Williams. Williams was executed by the state of Missouri on September 24 for a 1998 murder which DNA evidence showed he did not commit. The unusual numbers for the death penalty-related vigil indicated the community’s grief, frustration and righteous anger.
The vigil started with evening prayer led by a local imam. One speaker read a poem by Williams, which included the lines, “In the face of apex arrogance and ethnic cleansing by any definition… still your laughter can be heard and somehow you are able to smile O resilient Children of Palestine!”
Another speaker, from Freedom Road Socialist Organization, said, “The road forward to ending the murder of innocent people in the U.S. begins with control over policing, we believe that the community most affected by the police should have control over the police. In short, we believe in community control of the police.” The vigil concluded with a chant.
The event was organized by the Dallas Chapter of the National Alliance Against Racist and Political Repression (NAARPR), supported by Freedom Road Socialist Organization, the Progressive Student Union at the University of Texas at Arlington, Movement for Black Lives, Palestinian Youth Movement, and In Defense of Black Lives.
Ammar Hussein, from NAARPR Dallas, said, “Marcellus Khaliifah Williams was executed by a morally bankrupt, racially biased policing and judicial system. The needless suffering and unnecessary death of many thousands of Black and brown people all across the country could be entirely avoided if our communities had oversight and control of their police. We cannot let more innocent people like Williams meet their untimely end. We needed community control of the police in 1998 when he was convicted and put on death row. 26 years later and we need it, now maybe more than ever.”
#DallasTX #TX #InJusticeSystem #PoliceCrimes #NAARPR
(source: figtbacknews.org)
CALIFORNIA:
Newsom Signs Skinner’s Death Penalty Reform Measure
Gov. Gavin Newsom Saturday signed SB 1001, a death penalty reform measure by Sen. Nancy Skinner, D-Berkeley, that will ensure that Californians with intellectual disabilities will never be subject to capital punishment.
“It is unconstitutional to execute an intellectually disabled person in the United States. And yet because of insufficient safeguards in California’s current law, some intellectually disabled people have ended up on Death Row. In 2019, Governor Newsom took the courageous step of halting executions. His signing of SB 1001 will ensure that if a future governor reinstates death penalty executions, California will not execute people who are intellectually disabled.”
Gov. Newsom’s signing of SB 1001 came less than a week after the state of Missouri executed a man, and while he was not intellectually disabled, both the prosecutor and the victim’s family argued that Marcellus Williams should be spared the death penalty because of evidence that pointed to him not being guilty.
SB 1001 reforms California’s death penalty statute by no longer requiring defendants to prove that they were diagnosed with an intellectual disability as a youth as long as health professionals certify that the person had the disability during their developmental phase.
The new law recognizes that some people with legally defined intellectual disabilities were not able to be formally diagnosed while they were young, because of socio-economic and other barriers that can prevent the determination of an intellectual disability during a person’s developmental stage.
SB 1001 takes effect Jan. 1.
Sen. Skinner represents the 9th Senate District and is chair of the California Legislative Women’s Caucus and the Senate Housing Committee.
(source: sd09.senate.ca.gov)
NORTH KOREA:
North Korea expands list of crimes punishable by death: report
North Korea is expanding its list of crimes punishable by death, according to reports.
Supreme leader Kim Jong Un’s regime expanded the list of offenses warranting the death penalty from 11 to 16 via revisions of criminal law, according to Yonhap News Agency.
New offenses warranting execution as a punishment include: anti-state propaganda and agitation acts, illegal manufacturing, and the illicit use of weapons are included in the new codes.
The legal modifications were codified via multiple amendments between May 2022 and December 2023, according to a report from the Korea Institute for National Unification (KINU).
North Korea’s implementation of the death penalty has long concerned human rights groups. Due to the hermetic nature of the country, it is practically impossible to discern statistics on its use, but defectors have offered testimony to the frequency of harsh punishments.
In 2020, a law was passed making the consumption and distribution of South Korean media punishable by death for its “reactionary” and “counter-revolutionary” associations.
Other “reactionary” behavior that warrants punishment reportedly includes the wearing of outside fashion such as white wedding dresses, blue jeans or sunglasses. Outside slang terms from South Korea are also allegedly banned in written communications.
Outside the death penalty, other drastic punishments for behavior deemed anti-social includes prison camps and forced re-education.
(source: KTVU news)
PAPUA NEW GUINEA:
Factors influencing Papua New Guinea not to implement the death penalty
The last execution was carried out in Papua New Guinea (PNG) by hanging in 1954. Before and after Independence in 1975, the death penalty was reinstated once and abolished twice through the amendments of the Criminal Code Act 1974. However, despite efforts to reinstate the death penalty, PNG did not implement it since independence. This study aimed to identify the factors that influenced PNG not to implement the death penalty.
A mixed method approach was deployed. From a total of 67 respondents across four regions who participated in the study, six factors that made PNG disinclined to implement the death penalty were identified, namely Christian values, lack of administrative mechanisms and infrastructure, fear of payback, lack of political and bureaucratic support, lack of prior research and consultation, and the high cost of implementing the death penalty. The findings show that the death penalty is impossible (not difficult) to implement in PNG due to religious, cultural, political and economic reasons.
Speaker: Moses Sakai, research officer, National Research Institute.
Please note this seminar will be held at 1.30pm-2.30pm AEDT and 12.30pm-1.30pm PGT.
The monthly ANU-UPNG seminar series is part of the partnership between the ANU Crawford School of Public Policy and the UPNG, supported by the PNG-Aus Partnership.
(source: devpolicy.org)
SEPTEMBER 29, 2024:
TEXAS—-impending execution
Texas lawmakers meet with Palestine man on death row
On Friday, Republicans and Democrats from the Texas House of Representatives met with death row inmate and Palestine native, Robert Roberson.
Roberson is scheduled to be put to death by the State of Texas on Oct. 17 amid questions about the science provided to secure that sentence and bipartisan calls for clemency.
“This isn’t just about Robert, this is about other people like Robert in similar situations and maybe not just on death row,” said Republican State Rep. Lacey Hull of Houston. “His case is not unique, his case and his hope and all of our hope, is to shine a light on this and to make the necessary reforms to where we are not executing or imprisoning innocent people.”
21 years ago, Roberson was convicted of murdering his daughter Nikki, who doctors at the time of the trial said had suffered from a version of shaken baby syndrome, a diagnosis that has come under question by scientists.
“In the 2 decades that have passed since Mr. Roberson’s trial, evidence-based scientists roundly debunk the version of the shaken baby hypothesis that was put before his jury,” said Kate Judson, executive director of the Center for Integrity in Forensic Scientists.
Gretchen Sween, an attorney for Roberson, said the case was a tragedy, not a crime.
“What we now know, thanks to highly qualified medical experts, is that Nikki had severe pneumonia that was infecting her lungs, likely for days or weeks before her collapse,” said Sween.
Democratic State Rep. Joe Moody of El Paso issued the following statement on Saturday:
“I visited #RobertRoberson on death row thinking I’d be sharing a message of hope with him, but it was very mutual. His deep faith, humor, and unshakable hope for the future despite a looming execution left me inspired. Justice must be done—clemency for Robert Roberson.”—-State Rep. Joe Moody
(source: KETK news)
****************
An Autistic Man Faces Execution: Misdiagnosis, Misjudgment, and a Life on the Line—-Robert Roberson, diagnosed with autism after his conviction, faces execution on Oct. 17 due to misjudgments about his demeanor during his daughter’s medical crisis.
When Robert Roberson brought his unresponsive daughter to the hospital, medical staff became suspicious of his flat affect and interpreted his response to his daughter’s condition as lacking emotion. Former Detective Brian Wharton, who later led the investigation of the child’s death, testified that Mr. Roberson seemed “not right” because he did not display the expected emotional reactions, like anger or sadness, like a “typical” parent.
In fact, Mr. Roberson’s lack of visible emotion, or his “flat affect,” is a typical trait of autism. During the 2003 trial for the death of his chronically ill 2 year old daughter, Nikki, his affect, along with other autism-related behaviors he displayed during the course of the investigation, was used to paint him as cold and remorseless. In fact, he was a loving, dedicated father who simply could not express emotion as neurotypical, or non-autistic, people do. It was not until 2018 — well after he was wrongly convicted — that Mr. Roberson was evaluated and officially diagnosed with autism spectrum disorder (ASD).
Stop the Oct. 17 Execution of Robert Roberson
To date, Mr. Roberson has spent more than 20 years on death row. Convicted on the basis of a now discredited shaken baby syndrome hypothesis, he faces execution in Texas on Oct. 17, for a crime that never occurred. His case illustrates how the criminal legal system’s failure to understand autistic behavior can contribute to devastating, life-threatening consequences.
“Robert’s disability directly contributed to his wrongful conviction when investigators assumed his flat demeanor during pronounced stress (a manifestation of his Autism) was a sign of culpability,” Mr. Roberson’s attorneys wrote in their Sept. 17 clemency petition.
People diagnosed with ASD are 7 times more likely to have encounters with the criminal legal system than those without the disorder. They face significant risks of wrongful conviction for crimes they didn’t commit — or that never happened — due to inadequate legal representation, communication challenges, and law enforcement bias.
According to Dr. Natalie Montfort, a psychologist who works with people with autism, ASD traits, such as a lack of eye contact, fixation on routine, and nonchalant demeanor expressed during traumatic events are often misunderstood or mistaken for signs of guilt.
In a recent Houston Chronicle op-ed, Dr. Montfort also argued that Mr. Roberson’s experience growing up in poverty and attending under-resourced schools exacerbated his struggles. He was diagnosed as a “special needs” child, receiving Medicaid assistance for delayed speech and other developmental challenges, but his autism went undiagnosed for the majority of his life even though “his pronounced impairments have been evident his whole life.”
“It’s all too common for people to slip through the cracks this way — particularly people who grow up in poverty and with unstable family circumstances, as Roberson did,” Dr. Montfort wrote.
The failure of medical staff to recognize or respond appropriately to Mr. Roberson’s disability directly led to his wrongful conviction. When medical staff decided it was suspicious that Mr. Roberson was not showing “enough” emotion and was struggling to explain Nikki’s complex medical condition — which he, a former special needs student with a ninth grade education, did not understand — they assumed his presentation meant Nikki had been abused and immediately called the police. She was then transferred to another hospital, where a child abuse expert concluded, without review of her medical records, that the only possible explanation for her condition was shaken baby syndrome, a now-discredited theory that largely formed the basis of Mr. Roberson’s conviction.
Having settled on that theory, police failed to investigate further the child’s medical history that would have revealed a raft of underlying conditions and contributing factors, including chronic pneumonia. Detective Wharton, who now believes Mr. Roberson is innocent, acknowledged that, at the time of the investigation, he “deferred” to medical experts and “followed their lead in explaining what then seemed inexplicable.” But he has come to recognize that the shaken baby hypothesis they relied on to short-circuit the investigation has not withstood the test of time.
With Mr. Roberson now facing execution, Gov. Greg Abbott and the Texas Board of Pardons and Paroles have the power to prevent an irreversible injustice.
“The prosecution’s reliance on misjudgment and bias against Mr. Roberson’s Autistic behavior, suggests a rush to judgment substantially influenced by criminalizing disability,” said Christopher Banks, President and CEO of the Autism Society of America, wrote in a letter to Gov. Abbott and the board.
The state must recognize that Mr. Roberson’s conviction was built on a gross misinterpretation of his behavior and outdated, discredited medical science. It is time to halt this execution and ensure that Texas does not kill an innocent, disabled man for a crime that never occurred.
(source: innocenceproject.org)
*************** Texas State Representatives visit East Texas inmate on death row—-A group of legislators from the Texas House of Representatives are urging clemency for Robert Roberson III, who is scheduled for execution on Oct. 17.
A group of bipartisan legislators visited an East Texas inmate on death row Friday in a combined effort to achieve clemency for the man.
Robert Roberson III, 57, of Livingston, has been on death row since February of 2003 after he was found guilty of murdering his 2-year-old daughter in 2002. A group of legislators from the Texas House of Representatives met with Roberson Friday following a letter sent last week to the Board of Pardons and Paroles urging clemency for the inmate, signed by 86 state representatives.
“I cannot in good conscience be silent as our state seeks to execute Robert Roberson, a man with autism who has been mourning the tragic death of his 2-year-old daughter for the last 22 years,” Rep. Christian Manuel, D-Port Arthur, said. “As a state and as a legislative body, we must reaffirm our commitment to justice and criminal justice reform. And we have to take better care of Texans with autism and how they are treated in our society.”
The letter urged officials to reexamine Roberson’s conviction, arguing that the “shaken baby syndrome” hypothesis used in court against Roberson was used inappropriately in courts.
Texas courts have the power to overturn convictions if they find relevant, admissible scientific evidence otherwise unavailable to the defense at the time of the trial or contradicts scientific evidence used by the state at trial.
“With the enormous power of a capital punishment penalty must also come the monumental responsibility to make sure we are getting it right,” Rep. Krinda Thimesch, R-Lewisville said. “If the State of Texas is going to end a life, it cannot be under the shadow of junk science with far too many questions unanswered.”
As of Sept. 28, 2024, Roberson is set to be executed Oct. 17, 2024.
(source: CBS News)
MISSOURI:
Family of Marcellus Williams says it’s received death threats since his execution
Family members of Marcellus Williams say they have received death threats since the State of Missouri executed him on Tuesday.
People made threats via phone calls, emails and anonymous social media messages on Wednesday, when the family held a Janazah, a memorial service, for him, said Shai Kaye, a representative for his son, Sadir Marcellus Williams. She said the Islamic Foundation of St. Louis, which handled the service, instituted a lockdown after also receiving threats.
No one has been harmed, Kaye said.
“They are in mourning,” Kaye said of Williams’ family. “They all have faith but in the end, we know they know what they were up against.”
The threats appear to have come from white supremacist groups, Kaye said.
Kaye said the family and the foundation worked with the St. Louis County Police Department and made accommodations for Williams’ memorial service to ensure a safe ceremony. The foundation did not respond to a request for comment.
Efforts to spare Williams from the death penalty garnered national and international attention. Williams was imprisoned for the 1998 killing of former St. Louis Post-Dispatch reporter Felicia Gayle. Williams had maintained his innocence. His lawyers and advocates had fought against his execution for years, arguing that prosecutors improperly handled DNA evidence and improperly selected the jurors for the case.
While some of Gayle’s belongings were found in Williams’ possession, DNA evidence at the crime scene could not be linked to Williams. An ex-girlfriend of Williams reportedly attempted to recant her statement against him prior to her death. Gayle’s family had also argued against his execution.
The state came close to executing Williams in 2017, but former Gov. Eric Greitens appointed a board of inquiry to investigate if Williams should be granted clemency and stayed his execution. Current Gov. Mike Parson dissolved the board last year.
St. Louis County Prosecutor Wesley Bell filed a motion to vacate Williams’ conviction earlier this year. Parson declined clemency, and the U.S. and state Supreme Courts allowed his execution to go forward.
“He made peace with what was happening and what was about to happen,” Kaye said. “I’m not going to say his death was not in vain, but that it meant something, and it meant change.”
Williams was interred Wednesday afternoon at an undisclosed location surrounded by other practicing Muslims in a religious ceremony. Sadir Marcellus Williams hand dug Williams’ grave, Kaye said.
“His peace brought the family peace,” Kaye said. “They’ve been celebrating his life, they mourned the loss, the transition of him, and now everybody’s just trying to pick up the pieces. Because just because a person was away for 20-plus years does not mean that they don’t have the family base that surrounds them.”
****************
St. Louis County prosecutor wants to make it easier to vacate convictions
St. Louis County Prosecutor Wesley Bell says that Marcellus Williams’ execution highlights two things: that prosecutors should rethink the utility of the death penalty and that a law allowing them to try to vacate convictions may need to be changed.
Bell talked about the case on St. Louis on the Air on Friday, 3 days after state officials executed Williams at a prison in Bonne Terre. Bell took part in a lengthy legal odyssey that gained national attention.
“Are we saying with certainty that Marcellus Williams was innocent? I can’t say that, but I also can say with certainty that I don’t know if he was guilty,” Bell said. “And we wanted time to be able to investigate that. But because the case was set and the execution was not stayed, even for a short time, if not permanently, it hampered our abilities to fully investigate.”
Williams was convicted of the 1998 murder of Felicia Gayle. He’s maintained his innocence for years. Police would find some of Gayle’s possessions in a car that belonged to Williams, and he pawned a laptop belonging to her husband. But no forensic evidence like DNA, hair or fingerprints ever tied him to the scene. He was convicted largely on the testimony of a former girlfriend, Laura Asaro, and a jailhouse informant, Henry Cole, both of whom have since died.
In 2021, Gov. Mike Parson signed a measure into law allowing prosecutors to try to vacate sentences. But it also stipulated that the attorney general’s office could oppose such moves, which has been the case in high-profile cases in St. Louis such as Williams’ and Lamar Johnson’s.
Bell said that he would like to see lawmakers revisit the 2021 law to make it easier for prosecutors like him to throw out wrongful convictions.
“If a duly elected prosecutor believes in good faith that there are questions about an execution, at the very least that should be given considerable weight in at least taking a defendant off death row,” Bell said.
Since he took office in 2019, Bell hasn’t sought the death penalty. He said the punishment is antiquated and actually retraumatizes the family of victims it’s meant to protect. While Gayle’s family believed Williams was guilty, they came to oppose his execution.
“I think this case with Marcellus Williams, it is the exemplification of why the death penalty is wrong that the family of Felicia Gayle has to relive this yet again — this terrible tragedy,” Bell said. “And as we sit here as the prosecutor, I can’t look them in the eye and tell them that the right person was punished. Because we don’t know.”
(source for both: stlpr.org)
CALIFORNIA:
Mafia member on death row fatally beaten at Southern California prison
A condemned inmate at a Southern California prison was beaten to death by 3 other inmates this week, the California Department of Corrections and Rehabilitation said.
According to a CDCR media release, prison staff at Calipatria State Prison in Imperial County observed one inmate, 25-year-old Tyler A. Lua, strike another inmate at 1:23 p.m. Thursday.
The inmate who was attacked, Alberto Martinez, fell to the ground where Lua continued to hit him; Lua eventually stepped away from the victim, and 2 other inmates – Jorge D. Negrete-Larios and Luis J. Beltran – began beating Martinez as he lay motionless on the ground.
Staff were able to stop the attack using pepper spray and “one baton strike,” CDCR said.
“[Martinez] was transported to the prison’s triage and treatment area for a higher level of care…at 2:20 p.m., he was pronounced deceased,” authorities stated. “He had injuries consistent with an incarcerated-manufactured weapon.”
2 inmate-made weapons were found at the scene, CDCR added. No staff or other inmates were hurt in the incident.
Movement throughout the yard where the attack occurred was limited, and the three suspects were all moved into restricted housing pending an investigation.
Martinez, 46, was most recently received from Orange County on Aug. 17, 2010, and placed on condemned status for first-degree murder. He was also sentenced to life in prison with the possibility of parole for attempted first-degree murder with enhancement for street gang activity and an additional 2 years for street gang activity; that sentence was to be served concurrently with his condemned sentence.
According to the Orange County Register, Martinez “acted as the getaway driver in a botched plot to kidnap and murder a Buena Park businessman” that was orchestrated by the businessman’s sister. A Los Angeles Times article indicates he was a powerful member of the Mexican mafia who orchestrated murders while on death row and communicated — and fell in love with — a woman from Mexico through the use of an illegal cell phone.
Lua was received from San Bernardino County on Jan. 31, 2019, after being sentenced to 19 years in prison for attempted 2nd-degree murder with an enhancement for use of a firearm; while incarcerated, he was sentenced to 2 additional years for possessing a controlled substance in prison. M
Negrete-Larios, 33, was sentenced to 32 years and 4 months in prison for attempted 2nd-degree murder with enhancements for inflicting great bodily injury, discharge of a firearm and street gang activity in commission of a violent felony. He was received from Riverside County on July 5, 2016.
Beltran was received on April 6, 2023, from L.A. County; the 31-year-old was sentenced to life in prison without the possibility of parole for 1st-degree murder with enhancements for intentional discharge of a firearm causing great bodily injury or death and possession of a firearm as a felon.
CDCR records indicate there are 623 total individuals with condemned sentences throughout California prisons.
In March 2019, Gov. Gavin Newsom signed an executive order instituting a moratorium on the death penalty in California. The bill also called for the repealing of the state’s lethal injection protocol and the immediate closing of the state’s execution chamber at San Quentin State Prison.
(source: KTLA news)
WASHINGTON:
Opinion: Laying Washington’s death penalty to rest
It’s a hell of a thing, killing a man,” Clint Eastwood’s grizzled gunslinging character mused in the 1992 western classic “Unforgiven.” “Take away all he’s got and all he’s ever gonna have.”
Sobering words from a fictional cowboy. Words that should give us all pause.
The idea of taking someone’s life is as dark a thought as anyone can have — it’s not an action that any society should condone, let alone conduct.
But since 1904, our state has executed, by hanging or injection, 78 men as punishment for a range of horrific crimes. The last execution was carried out on Sept. 10, 2010.
Last year, however, the Legislature agreed to take state-sponsored executions off the books. Gov. Jay Inslee ordered a moratorium on them in 2014, and 4 years later, the Washington Supreme Court negated the law altogether.
Last week, the governor formally closed the Washington State Penitentiary’s death chamber in Walla Walla. Still, even though it’s been 14 years since the state has put anyone to death, feelings about ending the practice are mixed around Washington.
That’s understandable. It’s hard to imagine how vengeful thoughts wouldn’t creep into your mind if you’d lost someone you loved to the incomprehensible violence of a criminal act.
Of course you’d want the killer to pay — perhaps even with his own life.
But would that really help? The practical answer is no.
No matter what your moral stance is, capital punishment isn’t particularly effective or efficient.
Sure, execution inarguably ends the threat of further crimes by the condemned person. And for some victims’ loved ones, that might bring a certain amount of satisfaction or peace of mind.
It can’t bring back the victim, though. It won’t restore a shattered family.
Just ask the family of Lisha Gayle, who died in a 1998 stabbing in her St. Louis home. Over the objections of her relatives — and even the prosecutor — Missouri executed 55-year-old Marcellus Williams on Tuesday. He was one of five U.S. prisoners scheduled to die just this week.
His death certainly wasn’t much consolation to the victim’s relatives.
“The family defines closure as Marcellus being allowed to live,” their attorneys stated in a futile court petition. “Marcellus’ execution is not necessary.”
Numerous studies show it’s also far more expensive to try to execute someone than to incarcerate them. Capital cases routinely involve years of legal wrangling — on average, condemned inmates spend 19 years on death row, the Pew Research Center reports. All those hours in court might be profitable for lawyers, but they’re potentially devastating to state budgets and family savings accounts.
Worse yet, statistics tell us that the death penalty isn’t applied equally. Among other factors, race, income and gender often play a key role in determining whether people convicted of certain crimes end up facing execution.
In the long run, it isn’t even reliable as a deterrent.
People who commit violent acts aren’t necessarily considering consequences in that moment. Other elements can be in play, too, according to the nonprofit, nonpartisan Death Penalty Information Center — lower unemployment means lower crime rates as does greater police presence.
Add in the unsettling reality of erroneous court conclusions from false testimonies, mistaken identities or inadequate legal representation, and the risks and drawbacks outweigh the benefits.
In nation that still claims liberty and justice as foundational values, it’s hard to see a justification for government-ordered killings.
As eloquently as Mr. Eastwood’s lines echo, the words of Gov. Inslee — written on a plaque that now hangs on a wall in the closed Walla Walla death chamber — strike us as even more appropriate:
“When the ultimate decision is death, there is too much at stake to accept an imperfect system.”
(source: Yakima Herald-Republic Editorial Board)
USA:
The Death Penalty Is Always an Atrocity, Not Just for the Wrongfully Convicted—-The death penalty should be applied neither to the guilty nor the innocent. We must abolish it.
Nearly 2 centuries ago, Alexis de Tocqueville gave a warning about the United States. “While society in the United States gives the example of the most extended liberty,” Tocqueville said, “the prisons of the same country offer the spectacle of the most complete despotism.” Tocqueville’s words still hold true to this day — the prison is a cruel place and the extensions of it, including the death penalty, are no different.
On September 24, at around 6:00 pm Central Time, the State of Missouri executed Khaliifah ibn Rayford Daniels, whose legal name was Marcellus Williams, by means of lethal injection. Khaliifah spent almost 24 years of his life in prison, many of those years on death row awaiting his imminent execution.
Khaliifah’s case had become a symbol of injustice and the urgent need to abolish the death penalty. Convicted in 2003 for the 1998 murder of Felicia Gayle, a social worker and reporter in St. Louis, he was sentenced to death based largely on testimony from his girlfriend and an alleged confession to a cellmate. But Khaliifah may have been innocent.
Newly discovered DNA evidence suggested that someone else, not Khaliifah, may have been responsible for Gayle’s murder, challenging the integrity of his original conviction. Additionally, allegations of racial bias surfaced when it was revealed that the prosecution improperly excluded Black prospective jurors, undermining the fairness of his trial.
And still, despite overwhelming public support for clemency, with over 1.4 million citizens petitioning to spare his life, Gov. Mike Parson denied clemency, and Khaliifah remained scheduled for execution.
Khaliifah ibn Rayford Daniels should still be with us today.
Instead, his execution has become another product of an unjust system. His execution is a devastating reminder that our criminal legal system is deeply unjust and must be transformed. Where can we start? By abolishing the very practice used to end Khaliifah’s life — the death penalty.
Abolishing the death penalty is not a rhetorical or utopian demand. For decades advocates and organizers have been calling for its end, highlighting its deep-rooted injustices, racial biases and the irreversible mistakes that have led to innocent people being executed.
And while the United States should not be comfortable with wrongfully sentencing incarcerated individuals to death — as in the case of Khaliifah and countless others — we need to push the conversation several steps further. Relying on the binary of innocence versus guilt as the prerequisite for the death penalty only serves to justify its continued existence. This framework implies that executing someone who is actually guilty of their crime is acceptable. Let me be clear: The death penalty should not be an option, regardless of innocence or guilt. The reason, in part, lies in historical injustices.
Modern-Day Lynching and Racism
Khaliifah is not an outlier among victims of the death penalty. As a Black man, he fits neatly within a punishment apparatus through which people of color are more likely to be prosecuted for capital murder, sentenced to death and executed, especially if the victim in the case is white.
The death penalty in the United States directly traces back to the era of lynching. From the enslavement of Black people all the way through the Jim Crow era, lynchings became a form of public execution that promoted racial terror to maintain white supremacy. Though estimates of these numbers vary, between 1882 and 1968, roughly 4,743 lynchings occurred throughout the U.S.
Yet it’s important to note that by 1915, the number of court-ordered executions exceeded lynchings for the 1st time. Black people soon comprised 2/3 of those executed in the 1930s, a disproportion that persisted over the years.
In the South, racial disparities in executions were abundantly clear. Even as Black people made up only 22 % of the southern population by 1950, they accounted for 75 % of executions in the region.
In 1972, the Supreme Court struck down the death penalty in the landmark case Furman v. Georgia, highlighting its similarities to “self-help, vigilante justice, and lynch law.” The court noted that if there was any discernible pattern in who was sentenced to die, it was based on race — a basis that is constitutionally unacceptable.
Southern legislators accused the court of destroying the governmental system and quickly passed new death penalty laws. Advocates for Georgia’s revised statute called for more hangings and even suggested public executions as a deterrent. And while the Supreme Court upheld Georgia’s new death penalty law in 1976, ruling that capital punishment did not violate the Eighth and Fourteenth Amendment’s ban on cruel and unusual punishment, racism and racial bias have continued to be baked into the death penalty.
A decade later, in McCleskey v. Kemp, the court reviewed evidence showing that defendants in Georgia were over four times more likely to be sentenced to death if the murder victim was white rather than Black. While the court accepted the data to be true, it refused to overturn death sentencing, stating that racial bias in sentencing is “an inevitable part of our criminal justice system.” From the court’s perspective, proving racial bias required showing intentional discrimination rather than a broader pattern of it. With this decision, the court effectively closed its doors to claims of racial discrimination in sentencing. So long as capital punishment exists, the state will continue to take lives under the guise of justice — but it does not have to be that way.
Normalizing Violence
Supporters of the death penalty often stand on the side of retribution as a true measure of justice. They might say that the death penalty makes communities safer because it ensures that violent people will never return. This perspective, however, fundamentally misunderstands the essence of justice.
The death penalty fails to deliver true justice or enhance safety. Instead, it operates as a form of politically motivated state terror, having claimed the lives of 1,598 individuals in the U.S. since 1973. This misuse of justice does not translate into safer communities but rather perpetuates a cycle of violence and fear.
Many countries worldwide have recognized the failings of the death penalty, leading over 70 % of nations to abolish it in law or practice. So why has the United States — a nation that purportedly prides itself on upholding human rights — lagged behind, especially when evidence indicates it fails to make our communities safer?
Current statistics surrounding the death penalty reveal its profound flaws. 200 people have been exonerated and released from death row since 1972 — individuals who were innocent and on the brink of having their life taken away by the state. Inflicting the death penalty was not only a moral and societal failure, but a miscarriage of justice.
The death penalty not only fails as a deterrent to crime or a means of keeping communities safe — it actively perpetuates cycles of violence. It is murder. By valuing vengeance over rehabilitation and institutionalizing killing as a form of punishment, the state legitimizes the very behavior it seeks to condemn.
The U.S. is sending a dangerous message that taking a life is an acceptable response to wrongdoing, effectively normalizing violence within society. We must ask ourselves: Why are we okay with the state killing someone when the same act is illegal for everyone else?
Justice Is Restorative
It is long overdue to not just acknowledge that the death penalty is an archaic, cruel and inhumane practice that undermines the very principles of justice it purports to serve, but to abolish it. The death penalty has always been — and will forever remain — a tool of oppression. The underlying premise remains rooted in power and retribution rather than rehabilitation.
This movement to abolish the death penalty is not just about opposing a form of punishment; it is about addressing a system that disproportionately affects marginalized communities, perpetuates cycles of violence and fails to provide true justice. It is to say that our definition of justice should not be in how we display our power through taking the life of someone by means of execution, but how we can nurture life in its presence.
Justice is restorative. It is forgiving. It heals, it transforms and it is graceful. We should believe that people can become better; that they should not be ascribed to a mistake of their past — whether innocent or guilty.
Our definition of justice must be grounded in healing, transformation and the reaffirmation of human dignity. That means continuing to build and create rehabilitative measures, like restorative justice, that address the needs of both individuals who have harmed and those who have been harmed.We must remember, too, that to advocate abolition of the death penalty and a better form of justice is not to say that communities should not be kept safe. It means, however, that we must go beyond attending to symptoms of inequity, racism and injustice. Safety then means ensuring that communities can access affordable housing, mental health services and health care, quality education, clean air and water, and a living wage that affords individuals the opportunity to care for themselves and their family.
By abolishing the death penalty and shifting our frame of justice, we can take a stand for human rights, affirming the value of every life — the life of Khaliifah and the countless others — and perhaps take a step toward a more just society.
(source: Mustafa Ali-Smith; truthout.org)
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6 days of horror: America’s thirst for executions returns with a vengeance—-5 executions, 5 states: a glut of judicial killing not seen in 20 years took place last week – and there was nothing random about it
The death penalty is waning in America. Most states have abolished it or put it on pause, the annual crop of executions and new death sentences is in decline, and public opinion is turning steadily against the practice.
So the battle to break America’s primal adherence to a-life-for-a-life is prevailing.
Not this week, it isn’t. Five executions. Five different states over 6 days of horror.
This was the week in which America’s ailing death penalty bit back. Such a concentrated glut of judicial killing was last seen more than 20 years ago in the US.
Across the US south and midwest – from Alabama to Missouri, Oklahoma to South Carolina, and of course in the heart of it all, Texas – states fired up their death chambers. Experts said it was a random coincidence that so many capital cases, with their convoluted legal journeys, came to a climax at once.
But there was nothing random or coincidental about the disdain for probable innocence that was on display this week. Nor about the racial animus, or the callous indifference to life animating supposedly “right-to-life” states. “This week has exposed the reality of the death penalty in America, in all its brutality and injustice,” said Maya Foa, joint executive director of the human rights group Reprieve. “Across the US, executing states are going to ever more extreme lengths to prop up the practice.”
While much of the US is focused on Donald Trump’s remolding of the Republican party and his efforts to bring his Make America Great Again (Maga) movement back to the White House in November’s election, a parallel shift has taken hold in the death penalty world, albeit behind the scenes and largely unnoticed. Republican prosecutors, many of whom pay lip service to Trump and his Maga values, have become increasingly aggressive in pushing capital cases to finality.
The federal courts, which Trump transformed by appointing more than 200 judges during his presidency, have also changed their tune. Where they once acted as a failsafe against unreliable convictions, they now largely step aside.
That is especially true of the US supreme court, with its new ultra-right supermajority secured by Trump’s three appointed justices, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
“There’s been a radical shift in the legal culture as it relates to the death penalty in the past 6 years,” said Bryan Stevenson, founder of the Equal Justice Initiative, who perhaps more than anyone has alerted Americans to the inequities of death row. “The refs are gone, there is no more oversight.”
The result, Stevenson said, was that the rump of largely southern states still wedded to capital punishment are now unbound. “Without safeguards, without accountability, the states have leeway to do pretty much what they want,” he said.
This week is a case in point.
Any analysis of the death penalty in America should begin with innocence. It’s the great fear that until recently concerned even hardcore supporters of capital punishment – that the state might be poised to kill an innocent person.
That anxiety also guided the supreme court. “Death is different” was their mantra – the idea being that with no appeal possible once a condemned man’s heart has been stopped, his conviction had better be sound.
“There was a time when if you had a decent innocence case, with enough questions raised, then you could rely on the courts to stay the execution,” said Stephen Bright, one of the most revered capital defenders who for more than 40 years has exposed injustices across the US south. “But look at Missouri. It’s just unbelievable.”
By Missouri, Bright was referring to the case of Marcellus “Khaliifah” Williams, 55. Doubts in his death sentence for murdering a local newspaper reporter, Lisha Gayle, in 1998 were abundant.
Though there was plenty of DNA material left on the kitchen knife used to commit the crime, none of it matched Williams’s. Other forensic evidence had been destroyed or contaminated by prosecutors, leaving the defendant to be sent to death row on the basis of two witnesses with incentives to testify against him including leniency in their own criminal cases and a $10,000 reward.
With so many glaring contradictions, calls for a reprieve grew deafening this week. They came from the victim’s family, the Gayles, who pleaded for a stay of execution.
They came too from the current prosecuting attorney in St Louis county who was so concerned that a miscarriage of justice had been committed by his own office that he even signed off on a court-approved agreement to spare Williams’s life.
Missouri’s Republican attorney general, Andrew Bailey, a Maga loyalist who has used the power of his office to try to overturn Trump’s 34 felony convictions in the New York hush-money case, was unimpressed. He threw out the court-backed deal, swept aside the searing doubts and sent Williams to the death chamber.
The US supreme court was also unimpressed. The supermajority of 6 ultra-conservative justices, Trump’s triad of appointees among them, refused to consider a last-minute petition from Williams, without offering an explanation. The three liberal-leaning justices – Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson – dissented, saying they would have granted a stay, but were overruled.
Williams was executed by lethal injection and pronounced dead at 6.10pm on Tuesday.
“You’ve got the prosecuting attorney saying don’t execute this guy, the victim’s family saying don’t execute this guy, and you go ahead and execute him,” Bright said. “Really? I mean, what’s the point of that?”
2 of the 5 prisoners killed this week had strong claims of innocence. In addition to Williams, there was Khalil Divine Black Sun Allah, 46, AKA Freddie Owens, who last Friday became the first person to be executed by South Carolina in 13 years.
Yet again, no forensic evidence linked Allah to the murder of a convenience store cashier, Irene Graves, in 1997. Yet again, he was sent to death row on the testimony of a self-interested party, in this case his co-defendant who last week came forward and gave sworn testimony that Allah had not been present at the robbery.
Despite such misgivings, Henry McMaster, the Republican governor of South Carolina, who has called Trump “the face of America’s strength”, declined to grant Allah clemency. The supreme court also refused to hear an appeal, with Sotomayor this time dissenting.
Allah was pronounced dead at 6.55pm last Friday.
3 of the 5 men executed this week were Black. They were Williams and Allah, and a 3rd man on death row, Emmanuel Littlejohn, 52.
Littlejohn was executed by Oklahoma on Thursday for the 1992 murder of a convenience store owner, Kenneth Meers. Doubts swirled around his conviction, too. Littlejohn confessed that he had been part of the robbery, but insisted that he had not pulled the trigger.
Once more, such concerns did not trouble the state’s Trump-endorsed governor, Kevin Stitt, who declined clemency. His decision was paradoxical, given that Stitt has bragged about Oklahoma being the “most pro-life state in the country”.
The heavy bias towards Black prisoners going to their deaths this week reflects a nationwide reality. Since 1976, 34% of all those executed have been African American, while just 13% of the country’s population are Black, according to the Death Penalty Information Center.
In Williams’s case, the racial rot went deeper. Shortly before he was executed, the original trial prosecutor testified that he had removed a potential juror from the jury pool partly because he was Black – a discriminatory move that is banned under the US constitution.
6 of the 7 potential Black jurors were thrown out, creating a final jury with 11 white members and 1 Black member.
“I don’t think anything represents our long history of racial injustice more dramatically than the tolerance of racial bias in the administration of the death penalty,” Stevenson said. “For a Black defendant to be tried by a nearly all-white jury in a county with a substantial Black population, and have the courts look the other way, that’s the shadow, the pollution, that the history of lynching and segregation and punitive enslavement has created.”
Another trait in the way the death penalty is now administered was on lurid display this week. Some call it brutality, others cruelty, and in the case of Alan Miller, it has even been denounced as torture.
On Thursday, Miller, 59, was put to death by Alabama for the 1999 shootings of 3 of his co-workers. The state used nitrogen gas effectively to suffocate him – an experimental killing technique that has only been deployed once before in US history, with the execution in January of Kenneth Smith, also by Alabama.
An eyewitness for the Associated Press described Miller’s death by nitrogen in hauntingly similar terms to Smith’s: “He shook and trembled on the gurney for about two minutes with his body at times pulling against the restraints. That was followed by about 6 minutes of periodic gulping.”
But that convulsive death was not the most disturbing aspect of Miller’s end. This was the second time that guards had escorted the prisoner to the death chamber and strapped him to the gurney – Alabama had tried to kill him once before and failed.
In court documents, Miller told how in September 2022, nameless officials dressed in green and aqua scrubs spent 90 minutes searching for one of his veins through which they could inject lethal drugs. They stuck needles into his biceps, inner arms, elbow pit, hands and feet.
When that didn’t work, they slapped his neck to see if that might produce results, then suspended him upside down on the gurney to aid blood flow. They left him dangling there, head down, for 20 minutes.
“Mr Miller was deeply disturbed by state employees silently staring at him while he was hanging vertically from the gurney,” the court document says.
Miller’s 2022 execution had a happy conclusion, of sorts. Shortly before midnight, the department of corrections admitted defeat and sent him back to his cell, then promptly began the paperwork to get him back in the death chamber.
This week they got their way. Miller was pronounced dead at 6.38pm on Thursday.
Spare a thought for the 5th condemned man to die this week, Travis Mullis, 38. Of the 5, he attracted least media attention, and yet his execution by Texas also speaks volumes.
Mullis, who was convicted for killing his three-month-old son, Alijah, in 2008, was what is known as a “volunteer” – meaning, he actively wanted to die, waiving all appeals and urging his executioners on.
In his last statement, Mullis called his death a form of “assisted suicide” – which is not inaccurate.
Texas, a state that bans physician-assisted suicide, loaded Mullis up with the sedative pentobarbital and helped him slip away.
He was pronounced dead at 7.01pm on Tuesday.
Where does this week’s orgy of death leave the US? Anyone hoping for answers from the current political moment are likely to be disappointed.
Trump has indicated that if he wins in November, he will pursue the federal death penalty with even more gusto than he did when he was last in office. In the final days of his presidency, his administration executed 13 federal prisoners – more than under any president in 120 years.
Meanwhile, Kamala Harris, the vice-president and Democratic presidential candidate, has gone silent on the subject. She used to be an avowed abolitionist, but now she declines to comment, and this summer the Democratic party quietly removed opposition to capital punishment from its official platform.
That leaves Bryan Stevenson fearful for the future. He said: “When people are executed even when the prosecutor says they are likely innocent, when others are subjected to torturous multiple executions, when the death penalty continues to be so skewed by race – then you know that the integrity of the United States, its moral quotient, is in question.”
(source: The Guardian)
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Marcellus Williams execution brings fresh scrutiny to Supreme Court’s death penalty approach
The Supreme Court’s divided decision this week allowing Missouri to execute a man for a 1998 murder even though his conviction was contested by prosecutors has heaped renewed scrutiny on the court’s approach to the death penalty.
Marcellus Williams, convicted in 2001 of killing former newspaper reporter Felicia Gayle, was executed Tuesday evening, a little more than an hour after the Supreme Court’s conservatives declined to intervene over the objection of the 3 liberal justices. The execution drew sharp criticism from the NAACP and other groups who claimed Williams was innocent.
Some of that blowback has been directed at the Supreme Court, which for decades has only rarely granted last-minute reprieves for death row inmates. The court has stepped in twice in the past two years to stop executions out of more than 2 dozen emergency appeals, according to data compiled by the Death Penalty Information Center.
“It’s very troubling the way that the Supreme Court is approaching capital cases these days,” said Cliff Sloan, a professor at Georgetown Law who won a significant case at the Supreme Court in 2017 involving an intellectually disabled death row inmate. “In any fair and just society, a freestanding claim of innocence should be recognized as an important constitutional claim.”
When dissents are noted in capital case petitions, they invariably come from the court’s liberal wing. And when the appeals make their way onto the court’s docket for further review, the outcome tends to divide the liberals and conservatives into separate camps.
“The Supreme Court has a limited role to play death penalty cases,” said Paul Cassell, a University of Utah law professor who is representing a victim’s family in another death penalty case before the high court this year. Those cases, Cassell said, are “handled primarily by state authorities with limited oversight from the federal courts.”
The death penalty will continue to feature prominently at the Supreme Court in coming weeks, with several defendants up for review when the justices meet Monday to consider appeals that piled up over the summer. One involves an Oklahoma woman convicted of killing her husband who says prosecutors sex-shamed her during her trial, referring to her in court as a “slut puppy” and holding up her underwear for the jury.
Another involves an Alabama man who claims he is intellectually disabled and therefore ineligible for execution under Supreme Court precedent.
Glossip appeal to be heard next month
The court is already set to hear arguments about Richard Glossip, a death row inmate in Oklahoma. The case involves the 1997 killing of Barry Van Treese, the owner of a motel in Oklahoma City. Justin Sneed, who worked at the motel, was convicted of that murder but, in exchange for avoiding a death sentence, implicated Glossip as orchestrating and hiring Sneed to carry out the crime.
Glossip is asking the court to set aside his conviction after the state acknowledged its case was rife with errors. Prosecutors, for instance, failed to disclose records showing that Sneed, who was the key witness against Glossip, was treated for a psychiatric condition. Oklahoma’s attorney general, Republican Gentner Drummond, who has defended the death penalty, is siding with Glossip, citing “troubling evidence of grave prosecutorial misconduct.”
Williams, whose execution promoted outrage on social media, tried to liken his situation to Glossip’s, noting that prosecutors had similarly raised serious concerns about his trial. Among other problems, St. Louis County Prosecuting Attorney Wesley Bell said that his predecessor had contaminated the murder weapon by handling it without gloves. Bell, a Democrat, is running for Congress.
In Williams’ case – unlike in Glossip’s – the state was still firmly in favor of an execution. Missouri Attorney General Andrew Bailey, a Republican running for reelection, dismissed Williams’ theory that DNA testing of the knife might have exonerated him had it been handled more carefully by prosecutors. Instead, Bailey said, “the evidence was consistent with the testimony of a crime scene investigator that the killer wore gloves based on glove marks left at the crime scene.”
The 2 cases have enough overlap that some believe the outcome for Williams could signal problems for Glossip.
“When you have a catastrophic failure by the state courts to address these issues, you’d expect the US Supreme Court to step in, especially when you have an (appeal) that is filed jointly by the trial prosecutor’s office and the defense,” said Robert Dunham, director of the Death Penalty Policy Project, who has also represented death row inmates at the Supreme Court. “It becomes very difficult to come up with a justification for what happened.”
Cassell, who is representing the Van Treese family in the Gossip appeal, said that those supporting the defendant’s claims have made themselves “willfully blind to the facts of the case here” and are basing their concerns on a “few snippets in the prosecutors’ notes.”
The Supreme Court didn’t explain its reasoning in denying Williams’ request. The court’s three liberals – Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson – noted their dissent but also did not write to explain their position.
Sotomayor, in particular, has made her opposition known in some past death penalty appeals.
In January, when the Supreme Court allowed Alabama to execute Kenneth Smith with nitrogen gas, Sotomayor wrote a strongly worded dissent.
“Having failed to kill Smith on its 1st attempt, Alabama has selected him as its ‘guinea pig’ to test a method of execution never attempted before,” she wrote. “Once the nitrogen is flowing into the mask, his executioners will not intervene and will not remove the mask, even if Smith vomits into it and chokes on his own vomit.”
Smith was executed in late January.
In a landmark 1972 decision, the Supreme Court ruled that the way states were carrying out the death penalty represented cruel and unusual punishment in violation of the Eighth and 14th Amendments. While the decision vacated hundreds of death sentences, it did not ban the practice completely. Instead, a majority of states enacted new laws that restored executions in a way that was consistent with the court’s ruling.
The court’s general reluctance to review last-minute death penalty appeals is based in large part on its role within the federal judiciary. The justices are looking for clear errors made by lower courts, not new evidence raised by defendants.
The Supreme Court’s approach to death penalty appeals is “to correct severe misapplications of constitutional law by America’s state court systems,” said Seth Kretzer, a Texas attorney who has represented death row inmates at the Supreme Court.
The court, Kretzer said, “will not stop an execution in a discrete case just because that inmate adduces new evidence at the last minute.”
New cases in the pipeline
The high court will make clear in coming weeks whether the current pending cases will meet that high bar or not.
In 1 pending appeal, lawyers for Alabama death row inmate Joseph Smith is fighting his sentence on the grounds that he should be considered intellectually disabled. A series of tests put Smith’s IQ at just over 70, a threshold referenced in an earlier Supreme Court decision.
But the 11th US Circuit Court of Appeals said that the number isn’t a strict cutoff and that deviation in testing could put his actual IQ slightly below 70. Alabama is appealing that decision to the Supreme Court and has been waiting more than year for an answer.
In Oklahoma, Brenda Andrew faces the death penalty for the 2001 shooting death of her estranged husband. In her appeal to the Supreme Court, Andrew said the prosecution’s use of “plainly irrelevant sexual history,” should knock out her conviction.
“By stripping Ms. Andrew of her humanity as a whole person, the state instead offered the jury an archetype of a ‘slut’ and depraved adulterer,” her lawyers told the Supreme Court.
Oklahoma officials countered that the evidence “indicated that Andrew hated her husband, and she made no secret of her desire to see him dead.”
(source: CNN)
PAKISTAN:
Murderer handed down death penalty
An Additional District and Sessions Court handed down the death sentence to an accused on 3 counts along with a fine of Rs4.5 million in a murder case of 4 people.
According to the prosecution, Javed Phul and his accomplices opened fire, killing 4 people who had come to court for a hearing on March 18, 2021.
In a statement, District Police Officer (DPO) Kamran Mumtaz hailed the verdict as a victory for justice, stating that Lodhran police was committed to fulfilling all legal requirements to secure punishments for those involved in heinous crimes.
(source: tribune.com.pk)
INDIA:
Ex-RG Kar principal may get death penalty if found guilty: CBI court—-The CBI had arrested Ghosh and former officer in-charge of Tala police station, Abhijit Mondal, on charges of tampering with evidence and delaying the filing of an FIR in the rape and murder of a trainee doctor at the state-run hospital on August 9
A designated CBI court, refusing bail to former RG Kar Medical College and Hospital principal Sandip Ghosh, has noted that the nature and gravity of the accusation against him is grave and it can attract capital punishment if proved, PTI reported.
The CBI had arrested Ghosh and former officer in-charge of Tala police station, Abhijit Mondal, on charges of tampering with evidence and delaying the filing of an FIR in the rape and murder of a trainee doctor at the state-run hospital on August 9.
In its order delivered on September 25, the court stated that the case diary indicates the CBI’s investigation is in full swing.
Additional Chief Judicial Magistrate, S Dey, rejected Ghosh’s bail application. In the ruling, Dey noted the serious nature of the allegations against Ghosh. The magistrate stated that if proven guilty, the accused could potentially face capital punishment, a sentence reserved for only the most exceptional cases.
The judge said the court is of the opinion that “it would be injustice flouting the principle of equity to release the accused on bail”.
The court also rejected the bail prayer of Abhijit Mondal.
It granted the CBI’s prayer for judicial custody of the 2 accused till September 30.
The rape and murder of the trainee doctor created a massive uproar across the country, with the junior doctors of state-run hospitals resorting to a ‘cease work’ for more than a month after the body of the medic was found.
(source: moneycontrol.com)
TAIWAN:
Both sides of death penalty debate
The Constitutional Court’s interpretation of the dispute over whether to preserve or abolish the death penalty triggered various reactions. This is a normal feature typical of democratic countries and one that should be supported.
Authoritarian dictatorships often implement draconian laws and abuse the death penalty, but their citizens do not dare speak out. Whether praise or criticism, the coexistence of positive and negative criticism should be regarded as encouragement for the judicial progress in Taiwan.
When it comes to children’s struggles with academic work, some parents scold them while others praise them — all with progress in mind.
Similarly, proponents and opponents of the death penalty have their criticisms — some believe it is immoral, while others see it as acceptable under certain circumstances.
Even among critics of the death penalty, there are those who are glad it was not abolished and reluctantly accept it.
The Universal Declaration of Human Rights recognizes the inherent dignity of the equal and inalienable rights of all people. To protect the highest guiding principle of human rights, Taiwan was one of the declaration’s original signatories.
The following misconceptions surrounding the issue of preservation or abolition of the death penalty must be addressed:
First, before the UK abolished the death penalty in 1998, a group of academics traveled to the US to conduct investigations in every state. Their goal was to compare the positive and negative effects of the death penalty on public safety, and they were forbidden from drawing any conclusions or providing recommendations.
The group found that in US states that had abolished the death penalty, public safety improved. In states that restored the death penalty, however, public safety did not necessarily improve. That is, the death penalty had no direct positive correlation with public safety. This led the group to disobey their instructions and recommend that the death penalty be abolished.
Most EU countries have abolished the death penalty — and not without evidence.
Second, public opinion changes with trends and political competition. Most people believe that those who commit heinous crimes should not be given a place in society, that only through their death can justice be brought to their victims. Victims’ families advocate for perpetrators to be sentenced to death, while perpetrators and their families hope to escape it.
Third, many religions assert that heaven grants the virtue of a good life. Buddhism and Taoism oppose taking life, even avoiding eating animals. The 6th of the 10 commandments in Christianity rejects murder, thereby opposing the death penalty. In the US, some Christians are against killing and have the right not to perform military service, or to serve in medical roles only.
However, more secular views wish to eliminate evil, arguing that heinous criminals who commit evil acts should forever be kept apart from society so they no longer pose a danger to it — they believe, therefore, that preserving the death penalty is a must.
Fourth, many human rights experts and academics oppose the death penalty. One of the main goals of Amnesty International, for example, is to oppose capital punishment and torture. Important figures in law enforcement, such as the first director of the FBI, John Edgar Hoover, supported the death penalty, while wardens at maximum security prisons in the US tend to oppose it. Everyone has their own opinion.
Countries that have preserved the death penalty are much like Taiwan in that various positions on the issue have led to endless public disputes.
Although the Constitutional Court preserved the death penalty, its resolution incorporated limitations and reduced its scope. This did not satisfy everyone. However, from a neutral perspective, it provides a way forward for further improvements to the death penalty.
Throughout the 228 Incident, the White Terror era and the period of martial law in Taiwan, many people were unjustly executed. This was abuse of the death penalty. Progress was made in 2006 with the abolition of the mandatory death penalty. Now, further restrictions have been placed on the death penalty to prevent unjust deaths that do not serve the interests of public safety.
Opponents of the death penalty would continue to work toward an ideal society free of capital punishment, while proponents of preserving the death penalty would examine its pros and cons in search of suitable alternatives.
Just as people are “destined to die once, and after that to face judgement,” those who deserve death but escape it, fail to repent and reoffend would face their final judgement after death.
Conversely, political victims who are unjustly put to death would find that their creator rectifies the situation, compensating them with eternal life and good fortune.
This is what it means for good and evil to be rewarded. In democratic countries, proponents and opponents of the death penalty share contempt for evil. It is just that people who support the death penalty believe that public safety must be maintained and justice sought for victims.
Those who oppose the death penalty believe that people do not have the right to kill others, and there is no reversing the death penalty for someone who is unjustly executed or denied an opportunity to repent.
These assertions are well-intentioned and come from a place of love for country, society and humanity, so both sides should respect and encourage one another, continuing to cherish human life and human rights.
This serves as a tribute to all of the justices at the Constitutional Court, including those who recused themselves.
(source: Stephen Lee is an attorney at law; taipeitimes.com)
SAUDI ARABIA:
Highest execution toll in decades as authorities put to death 198 people—-Saudi Arabian authorities have put to death over 198 individuals so far in 2024, the highest number of executions recorded in the country since 1990, Amnesty International said today.
Despite repeated promises to limit the use of the death penalty, Saudi authorities have ramped up executions while routinely failing to abide by international fair trial standards and safeguards for defendants. Executions for drug-related crimes soared this year, with 53 carried out so far – with an average of 1 execution every 2 days in July alone – rising from just 2 drug-related executions in 2023. Authorities have also weaponised the death penalty to silence political dissent, punishing citizens from the country’s Shi’a minority who supported “anti-government” protests between 2011 and 2013.
“Saudi Arabia’s authorities are pursuing a relentless killing spree displaying a chilling disregard for human life while promoting an empty-worded campaign to rebrand their image,” said Agnès Callamard, Amnesty International’s Secretary General.
“The death penalty is an abhorrent and inhuman punishment which Saudi Arabia has used against people for a wide range of offences, including political dissent and drug-related charges following grossly unfair trials. The authorities must immediately establish a moratorium on executions, and order re-trials for those on death row in line with international standards without resorting to the death penalty.”
Executed for supporting “anti-government protests”
On 17 August 2024, the Saudi Press Agency (SPA) announced the execution of Abdulmajeed al-Nimr, a retired traffic police officer, for terrorism-related offences related to joining Al-Qaeda. However, his court documents tell another story about his charges, which are related to his alleged support for “anti-government” protests in Saudi Arabia’s Shi’a majority Eastern Province.
Saudi Arabia’s authorities are pursuing a relentless killing spree displaying a chilling disregard for human life while promoting an empty-worded campaign to rebrand their image.—-Agnès Callamard, Amnesty International
According to the court document reviewed by Amnesty International, he was initially sentenced by the Specialized Criminal Court to nine years in prison on 25 October 2021 on charges of “seeking to destabilize the social fabric and national unity by participating in demonstrations … supporting riots, chanting slogans against the state and its rulers”, as well as “dissenting against the decision to arrest and prosecute wanted individuals”, and joining a WhatsApp group that included individuals wanted for security purposes. Upon appeal, his punishment was increased to a death sentence. The Specialized Criminal Court did not make a single reference to Al-Nimr’s involvement with Al-Qaeda. The discrepancy in the charges announced by the Saudi Press Agency and Al-Nimr’s court documents shows a striking lack of transparency in judicial proceedings of death penalty cases.
After Al-Nimr’s arrest on 28 October 2017 he was denied access to a lawyer for around 2 years during his interrogations and pre-trial detention. He spent three months in detention without being informed of the reason for his arrest.
According to a court document, Al-Nimr’s conviction was based solely on a “confession” he said was obtained under duress, including being detained in solitary confinement for a month and a half.
Executions for drug-related offences skyrocketed
In 2024, Saudi authorities have so far executed 53 individuals solely for drug-related offences after only 2 executions for drug-related offences were recorded in the country in 2023. Between May and June, 3 foreign nationals from Syria and Nigeria were executed for drug-related offences. The surge has continued since July, with 53 individuals executed so far solely for drug-related offences across the country, 38 of whom were foreign nationals.
This spike in executions for drug-related offences raises serious fears for the fate of dozens of prisoners convicted of similar offences and currently on death row. Today, the authorities executed two Egyptian men who were detained in Tabuk prison for drug-related crimes.
Amnesty International documented the cases of 4 Egyptian men on death row in Tabuk Prison for drug-related offences. The 4 individuals are among a group of at least 50 individuals on death row for drug-related crimes in Tabuk Prison, the majority of whom are Egyptian.
This month, Omar (pseudonym), one of the detained men told Amnesty International: “I’ve been on death row for 7 years for the possession of 8 grams of hashish. I was also convicted of the intent to receive drugs, which I didn’t confess to and have denied. Where else in the world is someone sentenced to death for this?”
Authorities sentenced the men to death in January 2019 on various drug-related charges and upheld the sentence in November 2019. Since then, the men have not received any information about the status of their case, and whether their death sentence has been upheld by the Supreme Court.
The only way to polish the country’s image is through genuine reform and adherence to human rights and international law.—-Agnès Callamard, Amnesty International
Omar added: “I have asked all governmental entities who may know- from the Ministry of Interior to the Supreme Judicial Council, and no one could tell me the status of my case. My son grew up without me for 7 years. This makes me feel like I’m already a dead man… A few days ago, I shared a final meal with one of my fellow inmates before he was taken to be executed the next morning. He didn’t know about his impending execution until that morning. All I want to know is the status of my case.”
According to the court document analysed by Amnesty International, the 4 men had no legal representation throughout the pre-trial detention, interrogations and preliminary trial resulting in their death sentence. Following their conviction, the court stated that they have the right to a legal representative to submit appeal proceedings. However, the court only appointed a lawyer for one of those men.
Omar told Amnesty International that during his appeal session, the judge told him he was unable to object to his conviction because you don’t have a lawyer.” Omar submitted an appeal myself to the Supreme Judicial Council himself after the conviction as held but does not know if it was received it or not. He still has no lawyer.
“Sentencing people to death following unfair trials that lack transparency and due process rights is abhorrent, and highlights the grim reality in the country. The only way to polish the country’s image is through genuine reform and adherence to human rights and international law. Anything less than that will leave these repressive milestones at the forefront of any campaign,” said Agnès Callamard.
Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence or characteristics of the individual; or the method used by the state to carry out the execution.
Background
The SPA today confirmed the 198th execution carried out this year. The real number of executions may be higher given SPA under-reported on the actual number of executions in 2022.
In 2022, Saudi Arabia executed 196 people – the highest annual number of executions that Amnesty International has recorded in the country in the last 30 years. In March 2022, Crown Prince Mohammed bin Salman said that the country has “got rid of” the death penalty except for cases where it is mandated under Sharia. Yet, in November 2022, the authorities carried the first executions for drug-related offences in nearly 3 years, reversing a moratorium on executions for such offences which was announced by the Saudi Human Rights Commission in 2021.
Earlier this year, Amnesty International analysed the country’s draft penal code, which codifies death penalty as a punishment and continues to enable judges to use their discretion to impose death sentences for murder, rape, blasphemy or apostasy.
(source: Amnesty International)
IRAN—-executions
At Least 14 Hanged in Shiraz Central Prison in Past Week; 19 Executed in Fortnight
At least 14 men including 2 Afghan nationals were executed for murder and drug-related charges in Shiraz Central Prison on 16, 18, 23 and 25 September. With previous reported executions, at least 19 men were hanged at the prison in the past fortnight. (IHRNGO has received reports of 36 executions but has be unable to independently verify 17 of them.)
Iran Human Rights is following the group executions at Shiraz Central Prison with concern and urges the international community to not remain silent in the face of such widespread use of the death penalty.
IHRNGO Director, Mahmood Amiry-Moghaddam said: “The international community must not remain silent about the daily executions in Iran.” Referring to meetings between world leaders with the Islamic Republic on the sidelines of the UN General Assembly, he said: “The Islamic Republic’s use of the death penalty should be at the top the agenda in any meetings that countries that adhere to human rights principles have with Islamic Republic officials.”
According to information obtained by Iran Human Rights, 5 men including 2 Afghan nationals were executed in Shiraz (Adel Abad) Central Prison on 16 September. The identities of 3 of the men who were sentenced to qisas (retribution-in-kind) for murder, have been established as Amir Naderzadeh, Sajad Fadayiand Abdollah Abdolsamad (Afghan national). The 2 other men were sentenced to death for drug-related offences and have been identified as Behzad Bagheri and an Afghan national only identified as Mobasher(surname unknown).
Furthermore, 4 men were executed at the prison on 18 September. One of the men’s identities has been established as Shahin Salami who was sentenced to qisas for murder. The other 3 men who were on death row for drug-related offences have been identified as Sepehr Nourani, Taher Arezoumand and Kamran Heidari.
On 23 September, 3 other men were executed at the prison. Hassan Nejati, Mohammadreza Nejati and Fardin Ahmadi were all on death row for murder.
On 23 September, 2 other men were executed at the prison. Rasoul Shanbedi was executed for drug-related offences and Ayoub (Akbar) Sadikhani for murder charges.
An informed source told IHRNGO: “Akbar Sadikhani was accused of killing 2 people in a street fight. Rasoul Shanbedi was arrested for drug charges 3 years ago. He was transferred to Adel Abad prison from Pirbanu Prison. Hassan and Mohammadreza Nejati were relatives and co-defendants in the same case. They were arrested around 3 years ago.”
“Fardin Ahmadi was taken to the gallows from Ward 4 and had been arrested for a murder during a street fight 4 years ago. He had committed another murder behind bars.”
At the time of writing, none of their executions have been reported by domestic media or officials in Iran.
IHRNGO previously reported the execution of 5 men including child offender Mehdi Jahanpour, on 15 and 16 September at the prison which brings the total number of recorded executions in Shiraz Central Prison to 19 in the last fortnight. IHRNGO has received reports of 36 people being hanged in that time but has been unable to independently verify 17 of the executions at the time of writing and is continuing its investigation in this regard.
**************
Milad Ekhlaspour Executed in Kerman
Milad Ekhlaspour, a man on death row for murder, was executed in Kerman Central Prison. According to information obtained by Iran Human Rights, a man was executed in Kerman Central Prison on 26 September. His identity has been established as 33-year-old Milad Ekhlaspour from Kerman.
He was arrested 10 years ago and sentenced to qisas (retribution-in-kind) for murder by the Criminal Court.
At the time of writing, his execution has not been reported by domestic media or officials in Iran.
Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness. Crucially, while an indicative amount is set by the Judiciary every year, there is no legal limit to how much can be demanded by families of the victims. IHRNGO has recorded many cases where defendants are executed because they cannot afford to pay the blood money.
In 2023, at least 282 people including 2 juvenile offenders and 15 women, were executed for murder charges, the 2nd highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.
*************
Yasin Darvishi Executed in Gorgan
Yasin Darvishi, a man on death row for murder, was executed in Gorgan Central Prison. His relatives gathered outside the prison the night prior to try and stop his execution.
According to information obtained by Iran Human Rights, a man was executed in Gorgan (Amir Abad) Central Prison on 18 September. His identity has been established as 21-year-old Yasin Darvishi who was arrested for murder when he was 19 years old. He was sentenced to qisas (retribution-in-kind) for murder by the Criminal Court.
Videos obtained by Iran Human Rights show a gathering of his relatives outside the prison the night prior to his execution.
At the time of writing, his execution has not been reported by domestic media or officials in Iran.
Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness. Crucially, while an indicative amount is set by the Judiciary every year, there is no legal limit to how much can be demanded by families of the victims. IHRNGO has recorded many cases where defendants are executed because they cannot afford to pay the blood money.
In 2023, at least 282 people including 2 juvenile offenders and 15 women, were executed for murder charges, the 2nd highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.
(source for all: iranhr.net)
SEPTEMBER 28, 2024:
TEXAS:
Texas Prepares to Execute 5th Inmate This Year—-Garcia White has lived on death row for 28 years
The Texas prison system continues to kill off the prisoners who came to death row in the 1990s, at the height of the death penalty’s popularity among juries. Officials plan to execute 60-year-old Garcia White on Oct. 1. He has been on the row since 1996.
White was sentenced to death for the murders of Bonita Edwards and her twin daughters, Bernette and Annette. He has lodged a series of appeals in his 28 years behind bars. In 2014, his attorney, Patrick McCann, was able to stop White’s scheduled execution the day before it was to have occurred, challenging the admissibility of White’s videotaped confession and arguing that a Houston detective manipulated his client’s intellectual disability to refuse his request for the presence of an attorney during his interrogation. The Texas Court of Criminal Appeals rejected the appeal in 2016.
McCann argued again this August that White suffers from an intellectual disability, submitting a motion to withdraw the execution order and calling attention to the results of White’s IQ tests, which could be interpreted as making him ineligible for the death penalty. “Deficits were shown in the area of school, daily living, decision making, handling of money, and being able to understand and follow rules, including rules for safety at even simple jobs,” McCann wrote. “Deficits in the areas of reasoning, problem solving, abstract thinking, judgment, academic learning, and learning from experience were all confirmed.”
The CCA was unpersuaded by the arguments. They dismissed them in a written order on Sept. 18. If White is killed he will be the 5th person put to death this year, 4 of them Black or Hispanic.
(source: austinchronicle.com)
SOUTH CAROLINA—-new execution dates
Execution Dates Set for 5 South Carolina Death Row Inmates After 13-Year Hiatus—-Anticipated Execution Dates for South Carolina Death Row Inmates Established
Following a hiatus, comprehensive details of the forthcoming executions of 5 death row prisoners in South Carolina have come to the forefront, setting the stage for grim upcoming events.
Convicted killer Richard Moore next in line
Richard Moore, a 59-year-old culprit from Spartanburg, has been placed on the forefront of the execution list, following his conviction for the murder of a convenience store clerk back in 1999. Ready to face his long-awaited fate as soon as October 25, Moore will be the next convicted killer to be put to death, following the state’s commencement of capital punishment after a 13-year gap.
His execution will mark the 45th instance of capital punishment in the state since US Supreme Court reinstated it in 1976.
Recent resumption of executions
The macabre act of state-sanctioned death was re-initiated on September 20, ending a long_standby period. The death of Freddie Eugene Owens, a Greenville resident convicted in the 1997 murder of Irene Graves, a convenience store clerk, appended the state’s execution history. Owens met his end via lethal injection, and other inmates awaiting their turn could select their death methods as well – the electric chair, firing squad, or lethal injection.
Inmated Fated for Execution
Moore received the lethal verdict on October 22, 2001, after being found guilty of the cold-blooded murder of James Mahoney, a 42-year-old man, on September 16, 1999.
Marion Bowman Jr.
The 44-year-old Marion Bowman Jr., whose execution date could be as early as October 25, was found guilty of murdering 21-year-old KanDee Louise Martin of Orangeburg in May 2002. To hide his sinister deed, he set Martin’s car ablaze with the body inside.
Brad Sigmon
Brad Sigmon, a 66-year-old native of Greenville, might face execution as soon as November 29 for killing his girlfriend’s parents, David and Gladys Larke, back in 2001.
Steven Bixby
Steven Bixby, a 57-year-old man, has been charged with the murder of a sheriff deputy and state constable back in 2007. His execution could come as soon as January 3.
Mikal Mahdi
Mikal Mahdi, 47, pled guilty in 2006 to the murder and robbery of a North Carolina store clerk and Orangeburg County Sheriff’s captain. His earliest execution date could be February 7.
The execution dates for these inmates were all set after exhausting all appeals, and after a court order dictated a minimum of 35-day interval between executions. Therefore, the state of South Carolina will likely continue to witness a series of executions in the upcoming days.
(source: herechalreston.com)
*******************
Outrage over state executions has reached the international stage. It’s time for a new generation to finish the work of ending the death penalty.
A man with a long white beard sits beside a black banner that reads, “USA: 1594 Executions 1977 – Present. Stop Executions!”
I met Ron Kaz outside the death chamber at Broad River Correctional Institution. He sat on a folding chair beside a black banner covered in white tally marks.
“We’re about to murder a man here in South Carolina,” Ron said.
Ron has protested 43 executions in our state since 1985. We were gathered on September 20 to hold a vigil as South Carolina prepared to execute a man named Khalil Divine Black Sun Allah, formerly known as Freddie Eugene Owens.
This was to be the 1st execution in our state in 13 years. Like thousands of people, I had contacted Governor Henry McMaster’s office that week asking him to grant clemency, both because I abhor the death penalty and because the key witness in Khalil’s murder trial had admitted to lying. The person who answered the governor’s phone sounded polite but exhausted.
When the news came down that the state had killed Khalil with poison, Ron rose from the chair and supported himself with a cane as he attached a new number to his banner. Now it read, “USA: 1,595 EXECUTIONS 1977 – Present.”
While death sentences and executions have declined nationwide since the late ‘90s, several states including ours are scheduling executions as rapidly as the courts will allow. The string of executions beginning with Khalil Allah on Sept. 20 and ending with the nitrogen hypoxia killing of Alan Miller in Alabama on Sept. 26 marked the 1st time in 20 years that U.S. governments carried out 5 executions in the space of a week.
Our politicians had to get creative to start this grim renaissance. Like many of the remaining states that kill their own citizens, South Carolina passed a “shield law” to hide information from the public about lethal injection drugs. Electrocution also remains an option. Our lawmakers even passed a law creating a firing squad to shoot imprisoned people through the chest.
As states like ours resume killing, longtime activists and people of faith have been welcoming newcomers like me to the fight against the death penalty. Fewer than half of Americans now believe the death penalty is applied fairly, a figure we can expect to keep plummeting as egregious miscarriages of justice — like Missouri’s Sept. 24 killing of Marcellus Williams despite objections from the victim’s family and the prosecutor — make it into the international spotlight.
As I paced outside South Carolina’s death chamber last Friday evening, I met several people like Ron Kaz who had been working to end the death penalty since before I was born. I met a Catholic priest who spoke gently and led prayers with people who had come to hold a vigil. One man knelt silently in the itching grass for two hours, clutching rosary beads with his eyes closed.
Then there was Hayden Laye, a fiery young activist from the Upstate who leads Democrats for Life of South Carolina. There was the Rev. David Kennedy, president of the Laurens County NAACP, greeting young activists with an embrace and an encouraging word. And of course there was the Rev. Hillary Taylor, steadfast leader of South Carolinians for Alternatives to the Death Penalty, offering words of peace when there was nothing left to say.
All at once, I was both heartened by the presence of elders in the death penalty abolition movement — and sorrowful that their lifelong advocacy had not turned the tide in our state. What will it take, I wondered, for the state that killed George Stinney to give up the bloody heirloom of execution once and for all?
Whether through the courts or the legislative chambers, I have faith that we will win. State execution is a brutal and immoral spectacle that tortures the condemned, traumatizes those working in the death chamber, and fails even as a deterrent to homicide. We can’t build a just state unless we stop the state from killing people.
We are going to end the death penalty. We must. Will you join us?
(source: aclusc.org)
INDIANA:
Indiana Attorney General’s Office seeks second execution date—-Ritchie was convicted in 2002 for the murder of a Beech Grove police officer.
The Indiana Office of the Attorney General submitted a request Friday to set an execution date for Benjamin Ritchie, who was convicted in 2002 for killing a law enforcement officer from Beech Grove. Ritchie has exhausted his appeals.
“Most Hoosiers and I expect justice without delay, especially when someone murders a police officer, one of the many, many brave men and women we thank and respect daily,” Attorney General Todd Rokita said in a statement. “This convicted cop killer has been on death row far too long — 22 years — and it’s past time for him to pay his debt to society.”
In June, Rokita’s office requested an execution date for Joseph Corcoran, who killed 4 people in 1997. Corcoran, who similarly has exhausted his appeals, is scheduled to die Dec. 18 and would be the 1st person executed by the state since 2009.
Corcoran still has several legal options, including challenging the new execution protocol in Indiana, asking courts to block the execution due to his mental illness.
State officials struggled to obtain the necessary drugs for the three-ingredient execution cocktail for years, before turning instead to the single drug pentobarbital.
“This individual has been on death row since October of 2002 and exhausted all his appeals since his murder of Beech Grove Officer, William Toney, 32, on September 29, 2000,” Gov. Eric Holcomb’s office said in a Friday statement. “Gov. Holcomb will be fulfilling his gubernatorial duty by following the law and carrying out justice according to the conviction and sentencing of this case by the court.”
State public defenders assigned to Ritchie’s case did not immediately reply to a request for comment.
It’s now up to Indiana’s high court justices to grant the state’s request and set an execution date. Ritchie can still seek clemency or a pardon in his case — an unlikely option that hasn’t been granted to a death row inmate in over a decade.
There are currently 8 men on death row in Indiana. Ritchie is among the 4 who have exhausted all their appeals and have no other recourse, according to the Indiana Public Defender Council’s website.
Ritchie case
Ritchie and 2 others stole a van from a gas station on Sept. 29, 2000 and officers later found the stolen van, initiating a pursuit. The trio stopped the van and fled on foot, running in opposite directions.
Beech Grove police officer William Toney chased Ritchie, who turned around and fired 4 shots and killed Toney. Ritchie, then 22, was convicted of the murder in 2002 and the jury unanimously recommended a death sentence.
Toney’s widow, Dee Dee Horen, shared news of the attorney general’s request with WTHR earlier this year, including that Ritchie would be the 2nd man in line for the death penalty. At least 2 other men on death row were convicted of killing law enforcement officers.
According to courtroom reports from the IndyStar, Ritchie laughed when his verdict was read after the jury deliberated for more than 3 hours. Ritchie’s defense shared stories of his difficult home life but failed to sway the jury, who had to be sequestered for the trial.
(source: Indiana Capital Chronicle)
MISSOURI:
Experts: Marcellus Williams execution shows “how much politics factors into capital punishment”—-Missouri executed Williams despite questions about his conviction and protests from prosecutors and victim’s family
The Tuesday execution of Marcellus “Khaliifah” Williams, a Missouri man held on death row for 23 years for a 1998 murder he maintained he did not commit, followed months of pleas to have his life spared.
Attorneys, criminal rights activists and politicians spoke out to condemn the execution, carried out after requests for it to be stayed were denied by both the Missouri and United States Supreme Courts and after Republican Missouri Gov. Mike Parson declined Williams’ final appeal for clemency.
In the weeks — and, especially, days — leading up to Williams’ execution, Americans nationwide pleaded for Parson to commute Williams’ sentence to life without parole through a targeted campaign of calls, letters, faxes and a clemency petition signed by the victim’s family. The petition cited concerns over the DNA evidence, claims of racial bias in jury selection at Williams’ original trial and the victim’s family’s own call for Williams to be removed from death row.
Williams’ death by lethal injection on Tuesday at 6:10 p.m. CT has since led many Americans to question the integrity of a justice system and state actors that push to execute in the face of doubt of a defendant’s guilt and potentially exonerating evidence, especially when the original prosecuting office and the victim’s family no longer support such punishment.
Alexis Hoag-Fordjour, a Brooklyn Law School professor whose research focuses on capital punishment, called the state’s support of and ultimate decision to execute Williams despite protests from the prosecutor, the defense and the victim’s family “disturbing” and “head-scratching.”
“The larger question becomes,” she added, “in whose name is the state of Missouri now executing Mr. Williams and how can the state purport that this is about justice or bringing closure to the victim when these parties are no longer defending the capital sentence?”
Williams was convicted in 2001 of 1st-degree murder in the violent stabbing death of social worker and former St. Louis Post-Dispatch reporter Felicia Gayle during a robbery of her suburban home in August 1998. Throughout his nearly 25 years on death row in a Missouri corrections facility, Williams maintained his innocence.
After reexamining the case, the potential for new possibly exonerating evidence to arise with the advent of advanced DNA testing and suspicions of racial bias in the selection of the jurors — which according to the The New York Times included 11 white jurors and 1 Black juror after the original prosecutor struck 6 of the 7 prospective Black jurors — led current St. Louis County prosecutor Wesley Bell to seek to overturn Williams’ conviction.
“Miscarriages of justice, the kind that happened to Marcellus Williams, happen all too frequently in the United States.”
Last winter, Bell filed a motion to vacate Williams’ murder conviction, empowered by a Missouri law that took effect in 2021 allowing prosecuting attorneys to do so if they believed a convicted defendant to be innocent or erroneously convicted. In the motion, Bell said he believed Williams was not involved in Gayle’s slaying, citing new DNA evidence and arguing the original prosecutors had improperly excluded prospective jurors who were Black.
Bell’s motion also argued that the witness testimony used to convict Williams was not credible and that Williams did not leave the bloody shoe prints, fingerprints or hair that investigators found at the crime scene.
The original prosecuting office’s “concession of error” in this way makes Williams’ case both “unusual” and “quite extraordinary,” argued Austin Sarat, a Salon contributor and professor of law and political science at Amherst College whose research focus includes capital punishment.
“That’s not a usual thing that happens,” he said in an interview, adding: “But in many other ways, the case was not unusual. The death penalty system in the United States often makes mistakes. Miscarriages of justice, the kind that happened to Marcellus Williams, happen all too frequently in the United States.”
A 2014 National Academy of Sciences study estimated that, if all defendants sentenced to death remained under the sentence indefinitely, at least 4.1% of them would eventually be exonerated. Since 1972, some 200 people sentenced to capital punishment have been exonerated, according to the Death Penalty Information Center’s database. Of those cases 70.5% included official police misconduct, while 65% included false accusations or perjury, the DPIC found.
Williams’ case largely hinged on testimony from witnesses, namely his girlfriend at the time of Gayle’s slaying and a jailhouse informant. Defense attorneys, both at the time of trial and now, questioned the credibility of their testimony, arguing that the girlfriend and informant, who testified against Williams in 2003, both had felony convictions and were motivated by the reward money offered for information about the case.
Hoag-Fordjour said that, while prosecutors may not always have physical and forensic evidence tying someone to a crime, it’s “rarer in a capital case for that to be the only evidence against someone because the stakes are so high.” Regardless of the evidence present in the case, she added, the potential for racial discrimination in jury selection violates the Missouri and U.S. Constitutions and should have “been an issue worthy of overturning the conviction in this case.”
An analysis of the DNA evidence on the kitchen knife used to kill Gayle just before a late August hearing showed that it had been contaminated with DNA from a prosecutor and investigator on the case, leaving Williams and his defense team without the new evidence they had hoped would exonerate him.
In light of the test, Bell and Williams’ attorneys agreed he would take an “Alford plea,” a deal that would have allowed him to admit that prosecutors had enough evidence to acquire a guilty verdict but reduce his sentence to life without parole, which Williams’ attorneys at the time said would offer them more time to pursue his exoneration.
The circuit judge overseeing the hearing, with approval from the victim’s widower, said he would sign off on the new sentence, according to The Times. But Missouri Attorney General Andrew Bailey, who supported the conviction and Williams’ execution, argued that the circuit court did not have the authority to overturn the conviction or resentence — an assertion the state Supreme Court upheld.
The state Supreme Court ordered the judge to proceed with the Aug. 28 hearing, in which lawyers for the attorney general argued that the struck juror was removed for reasons other than his race and that the knife was handled at a time when prosecutors did not understand that the contact could leave trace amounts of DNA behind.
The judge rejected Bell’s claims in his ruling against Williams earlier this month. Bell’s appeal of that ruling to the Missouri Supreme Court is what the court denied Monday.
In its opinion denying the stay, the Missouri Supreme Court noted that the prosecutor had recently pulled back from his claims that Williams was innocent, according to the Times.
“Despite nearly a quarter century of litigation in both state and federal courts, there is no credible evidence of actual innocence or any showing of a constitutional error undermining confidence in the original judgment,” the opinion said.
Gov. Parson, a former county sheriff who has declined to grant clemency for death penalty sentences throughout his tenure as governor, also disagreed with the pleas to spare Williams’ life, arguing Williams had received plenty of consideration from the state justice system.
“It seems very clear… that the legal determination of guilt in his trial was inaccurate, wrong, the result of racial bias, the result of prosecutorial misconduct.”
“Mr. Williams has exhausted due process and every judicial avenue, including over 15 hearings attempting to argue his innocence and overturn his conviction. No jury nor court, including at the trial, appellate, and Supreme Court levels, have ever found merit in Mr. Williams’ innocence claims,” Parson said in a statement following his decision Monday. “At the end of the day, his guilty verdict and sentence of capital punishment were upheld. Nothing from the real facts of this case have led me to believe in Mr. Williams’ innocence, as such, Mr. Williams’ punishment will be carried out as ordered by the Supreme Court.”
Gayle was found stabbed to death inside her home with her purse and husband’s laptop stolen. Investigators and prosecutors at the time claimed Williams broke into the home, heard a shower running, found a large butcher knife and stabbed Gayle 43 times when she came downstairs, leaving the knife in her throat, according to local outlet Fox 2 Now.
Williams’ girlfriend at the time had said that he confessed to killing Gayle after she found her purse in his car, prosecutors said. Williams’ girlfriend had also said that he threatened to kill her and her loved ones if she told anyone. The jailhouse informant testified that Williams had boasted about killing Gayle.
In response to questions of the girlfriend and informant’s credibility, Parson’s statement said that the girlfriend never asked for the reward, and the informant provided specifics about the crime that were “not publicly available yet consistent with crime scene evidence and Williams’ involvement.” Parson’s statement also recounted Williams’ criminal history.
Yet, the governor’s predecessor, former Republican Missouri Gov. Eric Greitens, had twice paused Williams’ execution in 2015 and 2017 — the latter time just hours before he was set to be put to death — stating that the testing, which was unavailable at the time of Gayle’s killing, showed that Williams’ DNA was not on the murder weapon, Fox 2 Now reported. Greitens also formed a board of inquiry to further examine the case, but Parson dismantled it last June before it reached any conclusion pertaining to Williams’ guilt or innocence.
“The fact that you have one governor creating this board and then the next governor shutting it down just shows how much politics factors into capital punishment,” Hoag-Fordjour said. “It no longer has to do with somebody’s criminal culpability and what is the appropriate punishment for certain culpability, but rather politics. It just seems so arbitrary — and that’s exactly the death penalty is not supposed to involve, arbitrariness.”
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Sarat noted the difference between a defendant’s legal guilt and factual guilt. The former must be proven beyond a reasonable doubt at trial, a standard both Sarat and Hoag-Fordjour said does not have to be met in subsequent appeals of a verdict.
“Legal guilt is what can be proven, and simply because something is proven in a court of law, it does not mean that it is true,” Sarat said, adding: “It seems to be very clear that in the Marcellus Williams case, there was a miscarriage of justice, that the legal determination of guilt in his trial was inaccurate, wrong, the result of racial bias, the result of prosecutorial misconduct.”
With the introduction of doubt from the contamination of the evidence, the concerns over the credibility of the witness testimony and the jury selection process, Sarat said the “moral standard” should follow the baseball tenet of “the tie goes to the runner,” while emphasizing that the legal standard is not so.
“What I think ought to occur in death cases is, if there is a doubt about whether or not this person is actually innocent, if there is a doubt about whether or not the trial was conducted in a way that respected the rules, then that doubt ought to be resolved in favor of not executing the person. That is not the legal standard,” he said.
Both Williams’ defense attorney, executive director of the Midwest Innocence Project Tricia Rojo Bushnell, and Bell’s office agreed with that argument.
“The legal system in this country is much more concerned with finality than with justice.”
“That is not justice. And we must all question any system that would allow this to occur. The execution of an innocent person is the most extreme manifestation of Missouri’s obsession with ‘finality’ over truth, justice, and humanity, at any cost,” Bushnell said in a statement to Fox 2 Now. “Tonight, we all bear witness to Missouri’s grotesque exercise of state power. Let it not be in vain. This should never happen, and we must not let it continue,” she added.
Bell’s office said in a statement following the Monday rejections of the appeal and clemency petition that it still had questions “about the integrity of [Williams’] conviction,” according to Fox 2 Now.
“Even for those who disagree on the death penalty, when there is a shadow of a doubt of any defendant’s guilt, the irreversible punishment of execution should not be an option,” Bell said. “As the St. Louis County prosecutor, our office has questions about Mr. Williams’ guilt but also about the integrity of his conviction.”
Sarat argued that cases like Williams’ push the country closer toward one day ending the death penalty, despite some states “tenaciously clinging” to it. He asserted that Americans are in “a period of national reconsideration of capital punishment” evidenced by overall declines in the number of annual executions nationwide, decreases in death sentences and the drop in public support for capital punishment.
The percentage of Americans who support the death penalty for defendants convicted of murder has slowly declined over the years, Gallup polling shows. In October of 2023, 53% of Americans supported capital punishment compared to 44% who did not. The support is down from 60% in 2013 and 80% in 1994, when Americans’ support for the death penalty peaked.
“In that sense, Marcellus Williams was a kind of martyr for the cause of ending the death penalty in the United States,” Sarat said, arguing that much of the objections to the death penalty stem from the justice system’s inability to do it well.
“At the guilt phase, we convict the innocent. At the sentencing phase, we sentence people because of their race or the race of the victim,” he asserted. “When we go to execute people, we often botch the executions.”
Williams’ execution, Hoag-Fordjour added, also underscores how factors that should be “arbitrary” in a capital case, like race, poverty, mental health and the race of the victim, often dictate whether someone is convicted in a capital case and ultimately sentenced to death, disproportionately affecting “the most marginalized people in society — Black people, people of color, people with mental illness and poor people.”
Williams’ death “crystallizes for us that this country — the legal system in this country — is much more concerned with finality than with justice,” she argued. “The just thing to do in Mr. Williams’ case was to stay the execution and for the governor to grant clemency. And yet those with the authority chose, instead, to focus on finality, and that entailed executing a man that could have been and may have been innocent. That’s a terrifying way to run a justice system.”
(source: Tatyana Tandanpolie is a staff writer at Salon)
NEBRASKA:
A man convicted of killing 4 people in Laurel faces the death penalty
A man faces a possible death sentence after being convicted of killing 4 people in a small northeast Nebraska town.
A jury found 44-year-old Jason Jones guilty Thursday of 10 counts, including 4 counts of 1st-degree murder, 4 felony gun counts and 2 counts of 1st-degree arson, according to online court documents.
Jones stands convicted in the August 2022 shooting deaths of Michele Ebeling, 53; Gene Twiford, 86; his wife, Janet Twiford, 85; and their daughter 55-year-old daughter, Dana Twiford. The killings shocked the town of Laurel, which hadn’t seen such violence in more than 100 years.
Prosecutors said during Jones’ trial that he started fires at the victims’ homes after they were killed. A day after the bodies were found, police found Jones in his wife’s house, which sits across the street from Ebeling’s home, suffering from severe burns. He was hospitalized for 2 months before being released and moved to prison.
Jones was not present at his trial or conviction, citing lingering effects from the burn injuries he suffered.
Jones was linked to the killings and fires through DNA and ballistics evidence, prosecutors said at trial.
The defense team for Jones did not deny that he killed the four victims, but argued during his nearly 2-week-long trial that he committed the killings during an episode of mental illness he suffered.
Prosecutors have said they intend to seek the death penalty, citing several aggravating circumstances — including that Jones committed multiple killings within a short period and that at least 2 of the killings were carried out to keep the victims from identifying him.
Jones’ wife, 45-year-old Carrie Jones, is charged with 1 count of 1st-degree murder in connection with Gene Twiford’s death, as well as counts of tampering with physical evidence and being an accessory to a felony. She’s accused of helping her badly burned husband hide while authorities searched for him in the hours after the killings.
Her pretrial hearing is set for Nov. 25.
(source: Associated Press)
USA:
5 Men Were Executed in a Week. Why Is Kamala Harris Suddenly Silent on the Death Penalty?—-The VP was once a vocal opponent of the practice.
All 5 men were executed within 1 week in 5 different states, a period political scientist Austin Sarat condemned as “ the worst execution spree in 3 decades.”
The most high-profile execution took place on Tuesday when Missouri executed Marcellus Williams, who had maintained his innocence for decades. The execution was carried out despite the prosecutor’s office in the 1998 murder trial acknowledging that evidence had been mishandled and therefore urged for the conviction to be vacated. The execution of Miller in Alabama also received intense media attention this week over the state’s use of nitrogen gas, a method many have likened to torture.
The 5 executions once again thrust the issue of capital punishment, long criticized as unjust and unconstitutional, back into the public discourse, with advocates against the death penalty calling for a national reckoning. Many recalled studies that have repeatedly shown that people of color, and primarily those with intellectual disabilities, are far more likely to be given death sentences—despite little evidence that the punishment works to deter crime.
“It’s the growing perception that the death penalty system in the United States is broken in its operation.”
“The United States is in the midst of a national reconsideration of capital punishment in a way that was completely unforeseeable,” Sarat told me during a phone call this week.
“What is driving this national reconsideration? It isn’t sudden moral conversions of people who are supporters of the death penalty. It’s the growing perception that the death penalty system in the United States is broken in its operation.”
But amid the extraordinary string of executions this week, Vice President Kamala Harris has remained curiously silent on the issue of state-sanctioned violence and the death penalty. For some, the apparent silence is out of step with Harris’ deep history of opposing the death penalty, which includes her promise as San Francisco’s district attorney never to charge someone with the death penalty. She also campaigned on the promise to establish a federal ban when she first ran for president in 2019.
Yet, with the 2024 presidential election in a virtual tie—and familiar Republican attacks that she is soft on crime—Harris’ platform appears to have wiped out any mention of her stance regarding capital punishment. When reached for comment by Mother Jones, Harris’ press team did not respond.
Sarat said that any reluctance on behalf of Harris to weigh in on the issue, even with the extraordinarily high number of executions that took place this week, could reflect a change in the political climate from 4 years ago.
“The political landscape was different in 2020,” says Sarat. “That campaign unfolded in anticipation of and after the murder of George Floyd and the recognition of the need to address grave racial inequities.”
He added: “Abolitionists surely want Kamala Harris to speak out against the death penalty, but they want something more. They wanted her to be elected president United States so she can actually do something about the death penalty.”
(source: Arianna Coghill, Assistant News and Engagement Writer—-Mother Jones)
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Catholic Death Penalty Abolition Group Condemns ‘Regressive’ Spate of Executions
Catholic Mobilizing Network, a group that advocates for the abolition of capital punishment in line with Catholic teaching, urged its supporters to speak out against what it called a “regressive” trend of five executions in five states in the span of one week.
Krisanne Vaillancourt Murphy, CMN’s executive director, said in a Sept. 23 statement her group is organizing its supporters to voice their opposition to the spate of executions.
“Simply stated, instead of offering real justice or authentic healing that victims and communities need and desire, executions endorse and perpetuate the cycle of violence,” Vaillancourt Murphy said. “As Catholics, we believe in the dignity of all human life, no matter the harm one has caused or suffered.”
Vaillancourt Murphy called the upcoming Respect Life Month, observed every October, “a timely opportunity to proclaim that each of us is made in God’s image.”
Her statement also noted that World Day Against the Death Penalty is Oct. 10.
“In the face of such death-dealing this week, we have a sacred responsibility and the moral agency to usher in the change we seek,” she said, adding, “As people of faith and hope, we must shine our light ever brighter in this present darkness. Together, we not only can turn back this regressive tide but also generate such a groundswell that a tipping point comes to wipe out the unholy and unjust use of state-sponsored killing in America once and for all.”
An execution was carried out Sept. 20 in South Carolina, with 2 more, in Missouri and Texas, taking place Sept. 24. A 4th execution, in Oklahoma, took place the morning of Sept. 26, and a 5th execution was carried out the same day in Alabama.
“The 5 scheduled executions in the month of September display the horrific injustice that runs rampant throughout this system of capital punishment,” Vaillancourt Murphy said. “Several of the 5 individuals facing execution have histories of extreme trauma and abuse, or diagnoses of severe mental illness. One is a Black man who was sentenced by an all-white jury. 2 men hold strong claims of innocence. And one of the men scheduled to be executed previously survived a failed execution attempt at the hands of the state.”
Former President Donald Trump, the Republican presidential nominee, has pushed for expanding the use of the death penalty. In 2020, President Joe Biden, with Vice President Kamala Harris as his running mate, became the 1st U.S. president to have campaigned on an openly anti-death penalty platform. Although Harris has opposed the death penalty in her previous roles, now as the Democratic Party’s nominee for president, her campaign has thus far not made clear whether she would work to end the practice as president.
“One can easily speculate that the uptick in executions as well as efforts to expand the use of capital punishment in certain states could be for reasons of political manipulation or signaling during an election season,” Vaillancourt Murphy said. “Politicians are known to wield the death penalty as a political tool to appear ‘tough on crime,’ treating people on death row like political pawns. We are calling on Catholics across the country, and especially in these five states, to urge decision-makers to stop these executions.”
“The death penalty is contrary to human dignity, immoral, flawed, arbitrary, and useless as a deterrent to crime,” she added. “Mobilizing Catholics for advocacy has substantial potential to advance progress toward death penalty abolition. Catholics, comprising 22% of the U.S. population, hold significant influence, particularly in key death penalty states with large Catholic populations.”
Pope Francis revised the Catechism of the Catholic Church in 2018 to clarify the church’s teaching that capital punishment is morally “inadmissible” in the modern world and that the church works with determination for its abolishment worldwide.
(source: thetablet.org)
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United States Reaches 1600 Executions, Demonstrating Disconnect Between Elected Officials and Declining Public Support
The United States has reached a milestone in the administration of capital punishment this week. All 4 scheduled executions in Texas, Missouri, Oklahoma, and Alabama took place, marking the 1600th execution in the modern era of the death penalty in the U.S., despite public opinion polls showing growing concerns about the fairness and accuracy of the death penalty and declining support for its use.
The majority of U.S. states have either abandoned use of the death penalty entirely or paused executions (29 states, the District of Columbia and the federal government). A Gallup poll recently found that the percentage of Americans who believe the death penalty is used unfairly increased to 50%, while overall support for the death penalty has been steadily decreasing since 1994, now at a slim majority of 53%. Unlike past years, the death penalty isn’t among top voter priorities during this election year, and neither national political party even mentions use of the death penalty in their platforms.
While all the data continue to show a decline in use and support, a handful of state elected officials have recently expanded use of the death penalty. Utah, South Carolina, Idaho, and Indiana scheduled executions in 2024 after at least a decade-long pause. Several state legislatures have also authorized new methods of execution, and 2 states (Florida and Tennessee) have added new death-eligible crimes. DPI research suggests that these officials are largely out of step with increasing public concern about the fairness and accuracy of capital punishment—and that zealous approaches to using the death penalty that were once popular are no longer winning the same levels of voter support.
DPI’s data show that even at the peak of use and public support, the death penalty has never been a majority state practice. Since 2012, the number of states conducting executions has remained below 20% in any given year.
The decline in public support can be viewed as a consequence of the many problems with the use of the death penalty. Earlier this year, Larry Roberts was the 200th person exonerated from death row. His release means that that there has been one exoneration for every 8 executions. DPI has also identified more than 600 death sentences with prosecutorial misconduct so significant that it resulted in a reversal of the conviction or death sentence, or an exoneration.
Longstanding concerns about systemic racism have also persisted. Of the last 100 individuals executed in the United States, a disproportionate number (43%) have been people of color, including 31 who were Black. 72% of the victims in those cases were white.
3 jurisdictions were responsible for more than half (56.8%) of total executions during the last 5 years: Texas (23), Oklahoma (14), and the federal government (13), which has had a moratorium in place since 2021. Texas and Oklahoma both carried out executions this week. Fewer than 50 new death sentences have been imposed in each of the last 5 years, showing that juries are increasingly rejecting the death penalty as an option, and those new sentences have occurred in just 12 states.
In the modern era of capital punishment, the state of Texas has conducted 590 executions, more than 1/3 of the total in the United States. Oklahoma has carried out 126 executions, and Virginia, before abolishing the death penalty in 2021, carried out 113 executions. Of the 1600 executions that have been carried out since 1977, 1418 individuals have been executed by lethal injection, 163 people have been executed by electrocution, 13 people by lethal gas, 3 by hanging and 3 by firing squad.
According to data compiled by Professor Michael Radelet, 8 botched lethal injection executions have occurred since the 1500th execution in 2019, including the failed execution of Alan Miller in September 2022, 1 of 3 botched executions in Alabama that year. On September 26, 2024, the state of Alabama executed Mr. Miller by nitrogen hypoxia. Mr. Miller was the 1600th person executed in the United States since the resumption of capital punishment in 1976.
(source: Death Penalty Information Center)
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Week of executions in America ends with a nitrogen gas asphyxiation in Alabama
5 death row inmates were put to death in the US over the past week, a pace unprecedented since July 2003. These executions demonstrate the myriad ways in which this barbaric practice is meted out, whether through disregard of a signed affidavit that the condemned “was not present” at the crime, execution of a man whose childhood was plagued by poverty and abuse, the killing of an innocent man, an execution despite the recommendation of clemency by the pardon board, or by the utilization of a new torturous method.
There is no “humane” way to carry out a state killing. As the World Socialist Web Site recently wrote:
The continued existence of the death penalty in the United States is yet another confirmation of the criminality and violence of the capitalist political and economic system, which oozes filth out of every pore.
Alan Eugene Miller had an extensive family history of mental illness and court records say that his father’s drug use led to physical and psychological abuse. Barbara Miller, his mother, spoke of the family’s poverty, describing the family’s various homes as “junky, rat-infested, roach-infested, just falling in.”
During Miller’s sentencing hearing a forensic psychiatrist testified that Miller was “mentally ill” at the time of the murders, but that his condition did not meet the level of mania necessary to establish an insanity defense in Alabama.
Miller survived a previous execution attempt by lethal injection in September 2023. Prison officials abandoned the execution when Miller’s veins couldn’t be accessed within 30 minutes of his death warrant’s expiration. Miller claimed in a lawsuit that prison workers poked him for 90 minutes trying to start an IV. The attempt to execute Miller came 2 months after Alabama spent 3 hours executing another death row prisoner, Joe Nathan James, mangling his body in the process.
Miller’s execution by gassing took place at the William C. Holman Correctional facility in Atmore. According to AL.com, after the curtains opened to the witness viewing room at 6 p.m. [Central Time] and the warden read the death warrant, Miller stated, “I didn’t do anything to be on death row,” before a prison officer checked the seal of the gas mask fitted to Miller’s face and shut the mask valve that had been opened to allow him to speak.
The gas appeared to start flowing into the mask at 6:16 p.m. His fingers moved slightly on the gurney as his spiritual advisor approached him and touched his leg, praying over Miller.
Miller then took deep breaths and lifted his head off the gurney several times at 6:18 p.m. He struggled against the restraints on the gurney, shaking and trembling for about 2 minutes.
Then, Miller gasped off and on for about 6 minutes.
At 6:23 p.m., a correctional officer leaned down and listened to Miller’s breath. The curtains closed at 6:32 p.m. Prison officials said Miller’s official time of death was 6:38 p.m.
Alabama Department of Corrections Commissioner John Hamm stated to reporters following the execution: “There’s going to be involuntary body movements as the body is depleted of oxygen, so that was nothing we did not expect. … Everything went according to plan and according to our protocol.”
Miller was the 2nd person put to death with this torturous method. The 1st person executed by nitrogen suffocation—in Alabama and the nation—was Kenneth Eugene Smith on January 25, 2024. The Montgomery Advertiser described what happened after the nitrogen began to flow:
He took deep breaths, his body shaking violently with his eyes rolling in the back of his head. … Smith clenched his fists, his legs shook under the tightly tucked-in white sheet that covered him from his neck down. He seemed to be gasping for air. The gurney shook several times during this time.
Littlejohn admitted to his involvement in the robbery, but said that his accomplice Glenn Bethany pulled the trigger, killing Meers. Bethany was sentenced to life in prison at an earlier trial, where the prosecution argued that Bethany was the shooter, something the jury in Littlejohn’s case never heard.
Governor Stitt refused to commute Littlejohn’s sentence. “A jury found him guilty and sentenced him to death,” he said. “As a law-and-order governor, I have a hard time unilaterally overturning that decision.”
Littlejohn received a lethal injection at the Oklahoma State Penitentiary. As he was strapped to a gurney with an IV in his right arm, he looked toward his mother and daughter, the Associated Press reported. Ceily Mason, his mother, sobbed quietly and clutched a cross necklace during the execution, which began shortly after 10 a.m. Central Time. He was pronounced dead at 10:17 a.m.
Marcellus “Khaliifah” Williams died by lethal injection Tuesday, September 24 at the Potosi Correctional Center Mineral Point, Missouri. He was pronounced dead at 6:10 p.m. Central Time. As the WSWS wrote:
None of the physical evidence—bloody fingerprints, footprints and hairs—tied him to the crime scene. Rather, he was implicated by a former cellmate and an ex-girlfriend who were seeking a $10,000 reward for information leading to a conviction. The jury in his trial never heard evidence that Gayle’s laptop, found in the trunk of his car, was likely planted by the former girlfriend.
His execution was opposed by Gayle’s family, jurors who originally sentenced him to death and the prosecutor’s office which convicted him and had sought to undo the conviction.
Williams’ defense argued that the prosecution had excluded all but one African-American juror, that Williams’ trial attorney had failed to raise exculpatory evidence, and that the prosecution recklessly mishandled the murder weapon, contaminating DNA evidence that could have proved Williams was not the perpetrator.
Two of Williams’ previous dates with death were called off due to questions concerning his guilt. But Missouri Attorney General Andrew Baily, a rabid pro-death penalty Republican, vigorously sought his execution and Republican Governor Mike Parson refused to commute his death sentence.
Both the Missouri courts and six black-robed fascists on the US Supreme Court also gave their assent to Williams’ state killing. After the high court’s ruling, Tricia Rojo, Williams’ attorney, stated:
Tonight, Missouri will execute an innocent man, Marcellus “Khaliifah” Williams.
The prosecutor’s office that convicted and sentenced him to death has now admitted they were wrong and zealously fought to undo the conviction and save Mr. Williams’ life. More than 1 million concerned citizens and faith leaders implored Governor Parson to commute Marcellus’s death sentence. Missouri will kill him anyway.
That is not justice. And we must all question any system that would allow this to occur. The execution of an innocent person is the most extreme manifestation of Missouri’s obsession with “finality” over truth, justice, and humanity, at any cost.
Williams died by lethal injection at the Potosi Correctional Center Mineral Point, Missouri. He was pronounced dead at 6:10 p.m. Central Time.
Also on Tuesday, September 24, Travis Mullis, 38, was put to death at the state penitentiary in Huntsville, Texas. Mullis was convicted and sentenced to death for the sexual assault and stomping death of his 3-month-old son Alijah in 2008.
Like so many inmates on death row, Mullis lived a life of poverty and abuse. He was orphaned at 10 months old and adopted by his uncle and aunt. His uncle Gary Mullis sexually abused him for 3 years, up to age 6, and was convicted and incarcerated for molestation.
After age four, Travis Mullis often received psychiatric treatment for psychological problems, including suicidal and homicidal behavior. He reportedly heard voices and had flashbacks of his childhood sexual abuse whenever he molested young children. He was sent to a school for emotionally troubled juveniles at age 13.
Mullis had waived his right to appeal his death sentence. Before his lethal injection, he said, “I don’t regret this decision, to legally expedite this process. … I do regret the decision to take the life of my son.” He was pronounced dead at 7:01 p.m. Central Time.
Owens was put to death days after a key witness for the prosecution, Steven Golden, his former friend and co-defendant, filed a sworn statement saying Owens was not at the store when Graves was killed. Golden said he was pressured by police to name Owens as the shooter and feared that if he named the real shooter he might be killed.
Prosecutors never found the murder weapon and there was no forensic evidence linking him to the crime. However, this lack of evidence and Golden’s statement failed to sway the South Carolina Supreme Court, Republican Governor Henry McMaster or the US Supreme Court that his life should be spared.
“Freddie Owens did not kill Ms. Graves. His death tonight is a tragedy,” Gerald “Bo” King, his attorney, said in a statement. “[His] childhood was marked by suffering on a scale that is hard to comprehend. He spent his adulthood in prison for a crime that he did not commit. The legal errors, hidden deals and false evidence that made tonight possible should shame us all.”
Owens was put to death in the state’s death chamber at Broad River Correctional Institution in Columbia. His execution began at 6:35 p.m. Eastern Time and he was pronounced dead at 6:55 p.m. He was the first South Carolina inmate to be executed in 13 years.
With the deaths of Owens, Mullis, Williams, Littlejohn and Miller, the US has now executed 1,600 people since the US Supreme Court reinstated the death penalty in 1976. There are an estimated 2,250 prisoners currently languishing on death rows across the US, according to the Death Penalty Information Center.
Joseph Kishore, the Socialist Equality Party’s candidate for president, wrote on X after the execution of Marcellus Williams:
The Socialist Equality Party demands the immediate abolition of the death penalty and an end to all forms of state-sanctioned murder. … The fight against the death penalty is part of the broader struggle against capitalism, a system that thrives on inequality, exploitation, and violence.
Abolishing the barbaric institution of capital punishment requires overturning the rule of the criminal capitalist oligarchy and ending the capitalist system that the state exists to defend.
(source: wsws.org)
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USA—-impending/scheduled executions
With the execution of Alan Miller in Alabama on September 26, the USA has now executed 1,600 condemned individuals since the death penalty was re-legalized on July 2, 1976 in the US Supreme Court Gregg v Georgia decision.
Gary Gilmore was the 1st person executed, in Utah, on January 17, 1977. Below is a list of further scheduled executions as the nation continues its shameful practice of state-sponsored killings.
NOTE: The list is likely to change over the coming months as new execution dates are added and possible stays of execution occur.
1601—–Oct. 1————-Garcia White————Texas
1602—–Oct. 17————Robert Roberson——- -Texas
1603——-Oct. 17————–Derrick Dearman———Alabama
1604—–Nov. 21————Corey Dale Grayson——Alabama
1605——-Nov. 29————–Marion Bowman Jr.——-South Carolina
1606—–Dec. 4————-Christopher Collings—-Missouri
1607—–Dec. 18————Joseph Corcoran———Indiana
(source: Rick Halperin)
BELARUS:
Exchange of views at the Committee of Ministers on the abolition of the death penalty focused on the situation in Belarus
On 25 September, the Minister Deputies had a thematic exchange of views on the abolition of the death penalty which was focused on the situation in Belarus, the only country in Europe which still applies this inhuman punishment.
Three speakers representing the democratic forces and the civil society of Belarus took part to the meeting and described the state of play regarding the situation of the death penalty in Belarus : Mr Alexander Shlyk, who represented the leader of the Belarusian democratic forces, Mrs Tsikhanouskaïa ; Mrs Sviatlana Halauneva, lawyer at “Viasna” Human Rights center, a civil society organisation that has conducted numerous activities in favor of the abolition of the death penalty in Belarus for a long time ; and Mrs Marharyta Vorykhava, President of the Belarusian National Youth Council RADA and Vice-President of the Youth Advisory Council of the Council of Europe.
In view of this discussion, an information note on the death penalty in Belarus was prepared.
This meeting was also a good opportunity to discuss the activities of the Council of Europe’s Contact group for Belarus dealing with the abolition of the death penalty, in particular the training workshop for the young people of Belarus, which took place in Vilnius on 30-31 May 2024 under the auspices of the Lithuanian Presidency of the Committee of Ministers, and its follow-up.
Furthermore, other issues regarding the abolition of the death penalty were discussed during this exchange of views, including in view of the next World and European Day against the death penalty on 10 October 2024.
(source: coe.int)
JAPAN:
An innocent man on death row for 46 years. Is this the world’s greatest miscarriage of justice?
March 10, 2011 was Iwao Hakamada’s 75th birthday. It was also the day he celebrated a rather grim milestone – Guinness World Records certifying him as the world’s longest-held death row inmate. Inmate no more, however. This week – more than 56 years after his conviction, 46 of which were spent facing the death penalty – he was cleared of his crimes, in a trial that has gripped Japan and rekindled debate about the use of capital punishment.
Hakamada, now 88, was just 30 years old when he was arrested and charged with the murder of his boss, the man’s wife and their two teenage children, after they were found stabbed to death in their home in Shizuoka, central Japan, on June 30, 1966.
According to his lawyers, Hakamada was interrogated for a total of 264 hours, for as many as 16 hours a session, over 23 days, to obtain a confession. Hakamada, a former professional boxer, later retracted his confession and consistently protested his innocence. But at his trial in 1968, prosecutors presented 5 pieces of bloody clothing that were allegedly found in a tank at the miso factory where he worked. Hakamada was found guilty and sentenced to death.
All his requests for an appeal and a retrial were denied, but his death warrant was never signed. It was only in 2007, when one of the judges who had convicted Hakamada in 1968 expressed his doubts and guilt over the sentence he’d passed, that a campaign to retry Hakamada gained momentum.
In 2008, a DNA test suggested that the blood on the clothing used as evidence did not match Hakamada’s. He was freed from prison in 2014 when new evidence emerged, and a retrial was ordered. Hakamada, who was baptised while in prison with the Christian name of Paulo, was invited to a Mass in Tokyo during Pope Francis’s visit in 2019. But it wasn’t until this week that he was finally found not guilty, 58 years after his arrest.
This astonishing case has shone a light on what human rights’ charities have called Japan’s “hostage justice system”. At the moment, police can detain suspects for up to several months or over a year, with no lawyers present, in order to obtain confessions. Conviction rates exceed 99%.
The last execution in Japan was carried out on July 26 2022, and in that case a retrial was still actively being sought. Since 2000, the country has executed 93 inmates, who are only notified of their hanging a few hours or even minutes in advance. Executions are carried out in secrecy and although Japan began disclosing the names of those executed in 2007, details are still limited.
“Iwao Hakamada spent every day for 46 years thinking it could be his last,” says Saul Lehrfreund, co-executive director of The Death Penalty Project, an NGO which offers free legal representation to people on death row around the world. “He’s been through an unimaginable ordeal, with more than 30 years in solitary confinement and under constant surveillance.”
Lehrfreund says that Hakamada’s case is hugely significant, not just because of the record-breaking number of years an innocent man has served behind bars, but because certain features of the case should be “sending alarm bells ringing in Japan”.
“This is a case where someone was forced to confess and evidence was fabricated,” says Lehrfreund. “It would be easy to say ‘OK this happened in 1966, this is a product of its time’, but in fact many features in this case still exist in Japan’s criminal justice system today and Hakamada’s is not an isolated case.”
Lehrfreund points out that the US (the only other G7 country to enforce the death penalty) has what’s called “super-due process”, meaning that its death penalty cases are subject to heightened standards of exactness. In Japan there is no such policy, and of the 106 people currently on death row there, 61 are requesting retrials.
“The reality is that there is no such thing as a perfect criminal justice system, so if you have the death penalty you’re accepting the risk that you will execute innocent people,” says Lehrfreund. “This case needs to make Japan take a long hard look at whether they’re ready to take that risk. The Japanese government says it regularly polls the public and that 80% ‘consider the death penalty unavoidable’, and yet reputable academics have found that if you ask a different question, such as ‘Should the death penalty be abolished?’ then 71% are in favour of abolition.”
(source: thepress.co.nz)
INDIA:
2 get death sentence for murdering woman and her 3 children in Uttar Pradesh
A local court has pronounced death sentence to 2 persons, convicted for murdering 4 people – a woman and her 3 children – in the district in 2021.
Additional Sessions Judge (First) Pawan Kumar Sharma on Friday (Sept 27) sentenced 2 convicts to death for the murder of the woman along with her 1 son and 2 daughters. They were declared guilty 2 days ago.
The matter is of September 12, 2021 when the village head of Madhavpur of Fakharpur area had given written information to the police that at around 5am some people of the village told him that the body of a woman, aged 35 years, was lying in the sugarcane field in front of Yadavpuri culvert.
Next to it, the body of a 5-year-old girl was lying in the paddy field.
Bechan, a resident of Tulapurwa of Gajadharpur, also informed the police that at 7.30am, when he was going to Basantapurwa, there was a crowd near the canal culvert, where 2 bodies of a girl, aged 8 years, and a 5-year old boy were found.
The then Superintendent of Police Sujata Singh took the incident seriously and got it investigated.
Police collected all 4 bodies from both the places and took legal action and the deceased were identified as 35-year-old Marikashi Katyan, resident of Maharashtra, her 8-year-old daughter Rajati, 5-year-old Soundarya and 6-year-old Joseph.
In this incident, Nanku and Salman, residents of Telianpurwa of Fakharpur, and 1 other person were arrested.
The case of Nanku and Salman was tried in this court, while the trial of another 1 is going on in the Children’s Court.
At present, both have been found guilty and given death sentenced. Dispute over property was said to be the reason for the crime.
(source: thestar.com.my)
MALAYSIA:
835 prisoners spared death penalty after review
A total of 835 prisoners have been spared the death sentence so far after review, says M. Kulasegaran.
The Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) said this was the latest figure on Sept 26, since the Federal Court was empowered to review the death sentences and natural life imprisonment imposed on 1,020 inmates.
“115 prisoners also had their sentences of imprisonment for natural life reviewed to fixed term imprisonment,” he said during his opening address of the Forum on Reform of Laws in Malaysia organised by the Bar Council here yesterday.
The courts were given the power under Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847), which was passed in April last year.
(source: thestar.com.my)
IRAN—-executions
Iran executes prisoner for murder-related charges in Kermanshah
Iranian authorities executed Kam-Bakhsh Mahmoudi, a man convicted of “premeditated murder”, on 25 September in Dizel Abad Prison in Kermanshah, Kermanshah Province.
Mahmoudi, 34, from the city of Bisotun in Kermanshah Province, was arrested 2 years ago and sentenced to death.
According to statistics compiled by the Kurdistan Human Rights Network (KHRN), at least 7 Kurdish prisoners have been executed in Iranian prisons over the past month, including in Tabriz, Khorramabad, Mahabad, Hamadan, Miandoab and Ghezel Hesar prison in Karaj, on charges of murder and drug trafficking.
(source: kurdistanhumanrights.org)
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Execution of 13 Prisoners Coincides with Khamenei’s New President’s Presence at the UN General Assembly
On Wednesday, September 25, 2024, coinciding with the presence of Massoud Pezeshkian, Ali Khamenei’s president, at the United Nations General Assembly, four prisoners—Rasoul Shanbedi in Shiraz, Jahanbakhsh Mahmoudi in Kermanshah, and two other prisoners in Karaj—were executed. On Tuesday, September 24, 2024, 3 prisoners—34-year-old Amirhossein Boroumand and 31-year-old Ali Afrooz in Lahijan, and 32-year-old Yaser Balandeh—were hanged in Jiroft. On Monday, September 23, 2024, Malek Hossein Torkashvand in Hamedan, Saeed Alimardani and Mohammad Ghasaban in Qazvin, and Farzin Ahmadi in Shiraz were executed. On Thursday, September 26, 2024, 41-year-old Amanollah Nahtani was executed in Zahedan.
This brings the total number of recorded executions since Pezeshkian took office in July to 191.
The regime of the mullahs is increasing executions and repression to quell the uprising. However, this unrestrained violence only stokes the people’s anger and resentment.
The Iranian Resistance once again calls on the United Nations Human Rights Council, the UN High Commissioner for Human Rights, the UN Special Rapporteur on Human Rights, and all human rights defenders to take immediate action to save the lives of prisoners facing execution. Silence and inaction in the face of a regime of execution, terror, and warmongering only encourage the continuation and escalation of its crimes, both inside and outside Iran.
Secretariat of the National Council of Resistance of Iran (NCRI)
(source: ncr-iran.org)
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Urgent Call to Action to Save Jewish Arvin Ghahremani From Imminent Execution
Iran Human Rights urges the international community and countries with diplomatic relations with the Islamic Republic authorities, to prioritise human rights, and the death penalty in particular, in their meetings and negotiations to save Arvin’s life.
Arvin Ghahremani, a young Jewish man on death row for murder, is at imminent risk of execution in Kermanshah Central Prison after his appeal was rejected by the Supreme Court once again. The victim’s family who previously agreed to accept blood money in lieu of execution, have rejected the blood money due to Arvin’s religion.
Calling for an immediate halt to Arvin Ghahremani’s execution, Iran Human Rights urges the international community and countries with diplomatic relations with the Islamic Republic authorities, to prioritise human rights, and the death penalty in particular, in their meetings and negotiations to save Arvin’s life.
IHRNGO Director, Mahmood Amiry-Moghaddam said: “In addition to the inhumanity of the death penalty and the lack of fair trial rights or an independent judiciary, the judicial process of Arvin Ghahremani as a member of a religious minority in the Islamic Republic, where discrimination is institutionalised, has been more unfair than usual. At this point, only international pressure can save Arvin’s life.”
According to information obtained by Iran Human Rights, Arvin Ghahremani’s appeal has been rejected by the Supreme Court again. And while the victim’s family had originally chosen to accept diya (blood money) in lieu of a retribution execution, they rejected the demanded sum after finding out Arvin was Jewish.
Arvin Ghahremani is a 20-year-old Jewish man who was sentenced to qisas (retribution-in-kind) for murder during a street group fight when he was 18 years old. According to his family, when the victim attacked Arvin with a cold weapon, he took the weapon and defended himself. Arvin did everything to save his life after injuring him but the victim died after medical assistance was delayed in reaching him.
At trial, Arvin’s court-appointed lawyer did not effectively defend his client for unknown reasons and his right to self-defence was not properly presented in the case.
Despite evidence of his innocence, Arvin was tried by the Islamic Republic judiciary which systematically violates due process and fair trial rights.
Arvin’s previous appeal was also rejected without serious consideration and many important events leading to the stabbing were ignored.
In an audio message previously obtained by IHRNGO, Arvin Ghahremani’s mother, Sonia Saadati appealed for help to save her son’s life.
Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness. Crucially, while an indicative amount is set by the Judiciary every year, there is no legal limit to how much can be demanded by families of the victims. IHRNGO has recorded many cases where defendants are executed because they cannot afford to pay the blood money.
(source: iranhr.net)
SEPTEMBER 27, 2024:
TEXAS:
Judge order FedEx driver’s capital murder trial moved—-Man accused of killing girl, 7, after hitting her with van, abducting her
A Wise County judge ordered that the trial of a FedEx delivery driver accused of killing a 7-year-old firl be heard in neighboring Tarrant County.
Judge Brock Smith of the 271st District Court approved Tanner Horner’s change of venue motion Friday after a hearing earlier in the week, according to the Wise COunty Messenger.
Horner of Fort Worth has remained jailed in Wise COunty since hs arrest in December 2022, records show. The 33-year-pld was indicted on 1 count each of capital murder and aggravated kidnapping in the slaying of Athena Strand.
If convicted, Horner could face the death penalty.
An Amber Alert was issued for Athena after she went missing Nov. 30, 2024, from the 200 block of County Road 3573 in Paradise. Her body was found days later about 10 miles away.
Horner told investigators he was trying to deliver a package to Athena’s father’s home when he accidentally struck her with his truck, according to an arrest-warrant affidavit.
A deputy wrote in the affidavit that Horner said Athena was alive, but he panicked, put her in the vehicle and killed her.
Horner and his attorneys requested the trial be moved from Wise COunty due to “inflammatory pre-trial publicity” that wouldn’t allow for a fair trial.
Wise County District Attorney James Stainton said in a written statement to the Messenger that he was disappointed the Wise County citizwens won’t be the ones to hear the case.
“Wherever this case is tried, however, my office will continue to seek justice for Athena,” he said. “This unfortunate change in goegraphy will not change how we handle this case in any way.”
A trial date has not been set.
(source: Dallas Morning News)
PENNSYLVANIA:
Death row inmate held in solitary confinement for 26 years can sue, federal appeals court rules
A death row inmate with a known history of serious mental illness can sue Pennsylvania’s corrections chief for holding him in solitary confinement for 26 years, a federal appeals court ruled Friday.
The 3rd U.S. Circuit Court of Appeals at Philadelphia ruled 2-1 that inmate Roy L. Williams can sue for alleged violations of the Americans With Disabilities Act and the Eighth Amendment’s ban on cruel and unusual punishment.
The Associated Press covered the Sept. 20 decision.
The prison chief did not have qualified immunity because “individuals with a known history of serious mental illness have a clearly established right not to be subjected to prolonged, indefinite solitary confinement—without penological justification—by an official who was aware of that history,” wrote Senior Judge Theodore McKee, an appointee of former President Bill Clinton, citing a prior case.
Williams was in solitary confinement between 1993 and 2019, when the state corrections department changed its policy because of a legal settlement. But the department was on notice that its policy was cruel and unusual because of a 2014 report by the U.S. Department of Justice, McKee said.
The report said harsh solitary confinement for extended periods of time for prisoners with serious mental illness and intellectual disability “constitutes precisely the type of indifference to excessive risk of harm the Eighth Amendment prohibits.”
Judge Peter J. Phipps, an appointee of former President Donald Trump, dissented.
The majority “ignores this court’s precedent and misapplies foundational principles,” Phipps wrote.
Williams, who was convicted for killing a construction worker, had mental health issues since childhood, according to the opinion. He was 14 years old when he was involuntarily committed for suicidal threats and violent behavior.
Williams was represented by the Pennsylvania Institutional Law Project, which has filed similar lawsuits over solitary confinement.
Williams’ case “is the first to go up on appeal,” said Matthew Feldman, a supervising lawyer with the group, in an interview with the Associated Press. “So I think this opinion definitely will help all those other men whose cases are currently pending in trial courts right now.”
(source: abajournal.com)
ALABAMA—-execution
Alabama puts man convicted of killing 3 to death in the country’s second nitrogen gas execution
Alabama used nitrogen gas Thursday to execute a man convicted of killing 3 people in back-to-back workplace shootings, the 2nd time the method that has generated debate about its humaneness has been used in the country
Alan Eugene Miller, 59, was pronounced dead at 6:38 p.m. local time at a south Alabama prison. He shook and trembled on the gurney for about 2 minutes with his body at times pulling against the restraints. That was followed by about six minutes of periodic gulping breaths before he became still.
Miller was convicted of killing three men — Lee Holdbrooks, Christopher Scott Yancy and Terry Jarvis — in 1999 and the state had previously attempted to execute him by lethal injection in 2022.
“I didn’t do anything to be in here,” Miller said in his final words that were at times muffled by the blue-rimmed gas mask that covered his face from forehead to chin. However, witnesses at the trial had expressed no doubt about his guilt, describing Miller shooting the 3 men.
Miller was 1 of 5 inmates put to death in the span of 1 week, an unusually high number that defies a yearslong trend of decline in the use of the death penalty in the U.S.
“Tonight, justice was finally served for these 3 victims through the execution method elected by the inmate,” Alabama Gov. Kay Ivey said in a statement. “His acts were not that of insanity, but pure evil. Three families were forever changed by his heinous crimes, and I pray that they can find comfort all these years later.”
Family members of the three victims did not witness the execution and did not issue a statement to be read to reporters, state officials said.
The execution was the 2nd to use the new method Alabama first employed in January, when Kenneth Smith was put to death. The method involves placing a respirator gas mask over the inmate’s face to replace breathable air with pure nitrogen gas, causing death by lack of oxygen.
Alabama officials and advocates have argued over whether Smith suffered an unconstitutional level of pain during his execution after he shook in seizure-like spasms for several minutes, at times rocking the gurney. Smith then gasped for breath for several minutes. The shaking exhibited by Miller was similar to what was seen at the 1st nitrogen gas execution but did not seem as long or as violent.
Alabama Corrections Commissioner John Q. Hamm said the shaking movements were anticipated.
“Just like in Smith we talked about there is going to be involuntarily body movements as the body is depleted of oxygen. So that was nothing we did not expect,” Hamm said, explaining the nitrogen gas flowed for 15 minutes. “Everything went according to plan and according to our protocol.”
Alabama Attorney General Steve Marshall said the execution “went as expected and without incident.”
“Tonight, despite misinformation campaigns by political activists, out-of-state lawyers, and biased media, the State proved once again that nitrogen hypoxia is both humane and effective,” Marshall said in a statement.
Marshall did not personally witness the execution but a representative from his office did, prison officials said.
A delivery truck driver, Miller was convicted of capital murder for the Aug. 5, 1999, shootings that claimed 3 lives and shocked the city of Pelham, a suburban city just south of Birmingham.
Police say that early that morning, Miller entered Ferguson Enterprises and fatally shot 2 co-workers: Holdbrooks, 32, and Yancy, 28. He then drove 5 miles (8 kilometers) away to Post Airgas, where he had previously worked, and shot Jarvis, 39. Trial testimony indicated that Miller was paranoid and believed his co-workers had been gossiping about him.
“You’ve been spreading rumors about me,” a witness described Miller as saying before he opened fire. All 3 men were shot multiple times.
Miller had initially pleaded not guilty by reason of insanity but later withdrew the plea. A psychiatrist hired by the defense said that Miller was mentally ill but his condition wasn’t severe enough to use as a basis for an insanity defense, according to court documents. Jurors convicted Miller after 20 minutes of deliberation and recommended by a vote of 10-2 that he receive the death penalty.
In 2022, the state called off the previous attempt to execute Miller after being unable to connect an IV line to the 351-pound (159-kilogram) inmate. Miller had initially challenged the nitrogen gas protocol but dropped his lawsuit after reaching an undisclosed settlement with the state.
Hamm said the state did not change the protocol. Miller, among other things, had requested to be given a sedative. Hamm declined to say if Miller was given a sedative and referred questions about the settlement to Miller’s attorneys.
(source: Associated Press)
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Statement on Completion of the 1600th Execution
“Carved into the face of the US Supreme Court building are the words “Equal Justice Under Law.” If the five executions that took place this week are any indication, that aspiration is bankrupt, and should be sandblasted from that marble facade.
“We are no safer now then we were before these five executions of the past week. We can be safe from people who have committed horrible crimes and hold them accountable without executions. We know this because the vast majority of killers get death by incarceration rather than by execution.
“The numbers bear this out. After 1600 executions, the public and police are still safer in states that don’t have the death penalty than in states that do. And in the death penalty states, the public and police are safer in the states that don’t carry out executions.
“Oklahoma ranks 30th in public safety (measured by homicide rate over the past 32 years). Alabama ranks 47th. Texas is 34 and Missouri is 42.
“The time to abolish the death penalty is 1600 executions past due.”
“1600 EXECUTIONS – ENOUGH!”
(source: Death Penalty Action)
MISSOURI:
How would Missouri’s next governor handle the death penalty after Williams execution?
Missouri executed 4 people in 2023. Amber McLaughlin, Michael Tisius, Johnny Johnson and Leonard Taylor, who maintained that he was innocent, all died by lethal injection. The state is one of five in the country that carried out executions last year.
A day after the execution of Marcellus “Khaliifah” Williams, the Republican nominee for Missouri governor wouldn’t say whether he supported or opposed the execution, leaving in doubt how he would approach the death penalty if elected.
Republican Lt. Gov. Mike Kehoe’s campaign dodged questions from The Star about whether he supported Gov. Mike Parson’s decision to deny clemency for Williams. The campaign vowed to “uphold the rule of law” when asked about potential changes to the death penalty.
Meanwhile, Democratic House Minority Leader Crystal Quade’s campaign was sharply critical of Williams’ execution, calling it “a disgrace.” Her campaign said the state’s current use of capital punishment was flawed and that she would support legislation to abolish the death penalty.
The decision to move forward with Tuesday’s execution of Williams, who maintained his innocence in a 1998 killing, has renewed focus on the state’s use of the death penalty.
Parson has rejected every clemency application in a death penalty case that has come across his desk since becoming governor in 2018, totaling 12 applications. Parson terms out of office in January and voters will elect his successor on Nov. 5, raising questions about how Missouri’s next governor would handle death penalty cases. Whoever wins would wield significant influence over how the state would carry out capital punishments.
Kehoe and Quade secured their party’s nominations in the August primaries, setting up a showdown for governor in the November general election. Republicans hold every statewide office in the state and Quade faces an uphill battle. A spokesperson for Republican Lt. Gov. Mike Kehoe did not directly answer questions from The Star on Wednesday about whether he supported Parson’s decision and whether he would support any changes to the state’s use of capital punishment.
“Lt. Gov. Kehoe recognizes that weighing the facts and judgments involving capital punishment cases is one of the most difficult and consequential responsibilities of the role of governor,” spokesperson Gabby Picard said in an emailed statement. Picard added that, as governor, Kehoe would “always uphold the rule of law and respect the integrity of the judicial system.”
Parson appointed Kehoe as lieutenant governor in 2018 after Kehoe previously served in the state Senate. Kehoe won election to a full term in 2020.
A spokesperson for Quade, first elected to the Missouri House in 2016, criticized the decision to move forward with Williams’ execution, specifically pointing to Parson’s move to dissolve a board tasked with looking into Williams’ innocence claim.
“There were serious concerns that Marcellus Williams may have been innocent, as the prosecutor argued, and Governor Parson’s refusal to pause the execution and his dismantling of the review committee examining Mr. Williams’ innocence is a disgrace on Missouri,” Quade spokesperson Andrew Storey said in an emailed statement. Storey added that the current system of capital punishment was flawed, pointing to “more and more examples of innocent lives that are taken by our government.”
“Unlike the current administration, which has let political pressure influence clemency decisions, when elected governor, Minority Leader Quade will always make decisions by reviewing the individual details of each case,” Storey said.
In a follow-up email, Storey said that Quade would support legislation to abolish the use of the death penalty in favor of life without chance of parole.
Michelle Smith, co-director of Missourians to Abolish the Death Penalty, implored citizens to know who they are voting for because “these people make decisions that affect life and death, as we’ve seen with Marcellus ‘Khaliifah’ Williams’ case.” Smith went on to say that she hopes Kehoe, who is Catholic, would adhere to Catholic beliefs that oppose the death penalty and added that voters should consider his “non-statement” on the death penalty when they go to the polls.
Lora McDonald, executive director of the social justice organization MORE2, said it was difficult to conceive that anyone claiming to be Christian would support an execution when there is even a remote possibility that the person is innocent “or just period.” The criminal justice system, she continued, has too many flaws and pointed to exonerations from death row.
4 people with death sentences have been exonerated in Missouri, according to the National Registry of Exonerations. She also said she interprets Kehoe’s support of the rule of law to mean that he is OK with putting someone to death.
EXECUTIONS RAMP UP IN MISSOURI
Williams’ execution on Tuesday was the 3rd this year in Missouri. One more is planned for Dec. 3. Williams was convicted in 2001 of killing Felicia Gayle, a former St. Louis reporter.
His execution faced widespread opposition, including from the St. Louis County Prosecutor’s Office, and no forensic evidence linked him to the crime. He was convicted primarily on the word of 2 witnesses who testified that he had confessed to them. One of them later led authorities to Williams’ vehicle, where some of Gayle’s belongings were found.
Parson defended his decision to deny clemency, saying no jury nor court “including at the trial, appellate, and Supreme Court levels, have ever found merit in Mr. Williams’ innocence claims.”
Missouri is 1 of 27 states that have the death penalty, according to the Death Penalty Information Center, or DPI, a national nonprofit that analyzes capital punishment. Governors in 6 of those states — Arizona, California, Ohio, Oregon, Pennsylvania and Tennessee — have placed a hold on executions.
In several others, the death penalty is still on the books but it has not been used in decades, including Kansas, which saw its last execution in the 1960s. 8 states have executed people this year.
Gwen Grant, president and CEO of the Urban League of Greater Kansas City, said that the next governor of Missouri must take a strong stance against the death penalty, calling it a system that is “fundamentally flawed and disproportionately harms African-Americans.” Williams’ execution, she said, highlighted “the deep injustices inherent in this process.”
“Far too many innocent people have been executed, eroding public confidence in our justice system,” she said. “I urge the next governor to prioritize truth and fairness over finality and to work toward abolishing the death penalty in Missouri.”
Missouri has ramped up its use of the death penalty in recent years. The state recorded 1 execution in 2016, 2017, 2019, 2020 and 2021. 2 executions were conducted in 2022 and 4 people were executed last year, according to the DPI.
9 men remain on death row in the state, the Missouri Department of Corrections said. Missouri uses lethal injections in its executions, which are carried out at a prison about an hour south of St. Louis.
When asked whether Quade would grant any of those men clemency — or place a hold on executions altogether — Storey said she would “approach each case individually, taking the necessary time and energy to fully vet each case.” Kehoe’s spokesperson, Picard, did not respond to 2 follow-up emails asking to clarify his stance on capital punishments and whether he would grant clemency to the nine people on death row.
(source: kansascity.com)
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Conviction and the Death Penalty: On the Execution of Marcellus Williams—-As many have noted, making a mistake in convicting someone is a fixable problem unless the punishment is the death penalty. Then a fix is forever impossible.
There’s no other way to write this outside of the extensive curse words I want to use: What, the actual, hell? How on earth does the United States have such a deeply flawed system of injustice that the state of Missouri executed a man that both the defense and prosecution believed was innocent?
My heart is heavy. How about you?
The state of Missouri executed Marcellus Williams on Tuesday, September 24 2024. He was convicted of a murder committed in 1998. It was apparently a burglary gone wrong that resulted in the killing of former newspaper reporter Lisha Gayle. Williams was sentenced to death.
There is significant evidence that Williams was wrongly convicted. The original prosecutor, Wesley Bell, sought to block the execution out of concerns about the trial.
Bell had concern about two of the primary trial witnesses as well as how prosecutors excluded Black jurors. Further, there was no DNA evidence tying Williams to the crime scene. In fact, the DNA found on the knife used in the murder was actually from a prosecutor and investigator who processed the scene without wearing gloves. Repeated DNA testing found no connection to Williams.
The victim’s family as well as several jurors who served on the trial expressed doubt about Williams’ guilt and wished to spare his life. Inexplicably, none of this was enough to commute Williams’ sentence to life in prison because it did not establish his “actual innocence.”
The witnesses who did testify, as is often the case, were seemingly trying to game this messed up system. One who shared a jail cell with Williams and to whom he allegedly confessed, had been convicted of felonies and offered reward to testify. Likewise, a girlfriend who testified likely falsified her claims for financial gain.
Williams’ case is yet another example of how the system of capital punishment is broken beyond repair. The absurdity that everyone can agree that someone is innocent but that bureaucratic issues prevail is not a sign of a healthy system of justice.
I care a lot that Marcellus Williams was apparently wrongly convicted and certainly wrongly executed. We should all, because executions take place in our names with our tax dollars.
We need to speak up, not just when the system gets it so horrifically wrong, as it did here, but because if we do not, our silence is endorsement that the state killing people is OK. I cannot live with that. I hope others cannot as well.
As many have pointed out, making a mistake in convicting someone is a fixable problem–unless the punishment is the death penalty. Then a fix is forever impossible. Why would we operate this way?
I am feeling so distraught, yet I am still trying to see a glimmer of hope. As a college professor, I am so fortunate to work with amazing students who I think will do better. I have the most wonderfully smart daughter who I know will be part of the solution.
I can’t stop crying. We can’t stop trying.
(source: Laura Finley, laprogressive.com)
OKLAHOMA—-execution
Oklahoma executes a man for a 1992 killing despite board recommending his life be spared
Oklahoma executed a man Thursday for his role in the 1992 fatal shooting of a convenience store owner after the governor again rejected a recommendation from the state’s parole board to spare a death row inmate’s life.
Emmanuel Littlejohn, 52, received a lethal injection at the Oklahoma State Penitentiary and was declared dead at 10:17 a.m.
“A jury found him guilty and sentenced him to death,” Republican Gov. Kevin Stitt said in a statement explaining why he declined to commute Littlejohn’s sentence to life in prison without parole. “As a law and order governor, I have a hard time unilaterally overturning that decision.”
Stitt has granted clemency only once out of the 5 times that the parole board has recommended it during Stitt’s nearly six years in office. Oklahoma has carried out 14 executions under Stitt, having resumed them in 2021 after a more than 6-year hiatus.
In voting 3-2 last month to recommend clemency, the board appeared to be moved by questions Littlejohn’s lawyers raised about whether he or a co-defendant fired the shot that killed Kenneth Meers. Littlejohn’s attorneys also suggested the jury was unclear about whether a sentence of life without parole would guarantee someone would never be released.
His lethal injection came just 2 days after the execution of Marcellus Williams in Missouri, where advocates insisted Williams was innocent.
Strapped to a gurney and with an IV line in his right arm, Littlejohn looked toward his mother and daughter, who witnessed the execution.
“Mom, you OK?” Littlejohn asked.
“I’m OK,” his mother, Ceily Mason, responded.
“Everything is going to be OK. I love you,” he said.
Mason sobbed quietly and clutched a cross necklace during the lethal injection, which began shortly after 10 a.m. Littlejohn’s breathing became labored before a doctor declared him unconscious at 10:07 a.m. He was pronounced dead 10 minutes later.
Littlejohn’s spiritual advisor, the Rev. Jeff Hood, was inside the death chamber and prayed over him.
Steven Harpe, the director of the Oklahoma Department of Corrections, said the lethal injection went without any problems.
If an execution set for Thursday evening in Alabama is carried out, it would mark the 1st time in decades that 5 death row inmates were put to death in the U.S. within 1 week. The 5 executions would also mark another grim milestone — 1,600 executions since the death penalty was reinstated by the U.S. Supreme Court in 1976, according to the Death Penalty Information Center.
Littlejohn was 20 when prosecutors say he and co-defendant Glenn Bethany robbed the Root-N-Scoot convenience store in south Oklahoma City in June 1992.
During video testimony to the Pardon and Parole Board in early August, Littlejohn apologized to Meers’ family but denied firing the fatal shot. Littlejohn’s attorneys pointed out that the same prosecutor tried Bethany and Littlejohn in separate trials using a nearly identical theory, even though there was only 1 shooter and 1 bullet that killed Meers, 31.
But prosecutors told the board that 2 teenage store employees who witnessed the robbery both said Littlejohn, not Bethany, fired the fatal shot. Bethany was sentenced to life in prison without parole.
Littlejohn’s attorneys also argued that killings resulting from a robbery are rarely considered death penalty cases and that prosecutors today would not have pursued the ultimate punishment.
“It is evident that Emmanuel would not have been sentenced to death if he’d been tried in 2024 or even 2004,” attorney Caitlin Hoeberlein told the board.
Littlejohn was prosecuted by former Oklahoma County District Attorney Bob Macy, who was known for his zealous pursuit of the death penalty and secured 54 death sentences during more than 20 years in office.
Stitt previously asked one of his appointees to the parole board, Adam Luck, to step down after Luck voted several times to recommend clemency.
The only time Stitt has granted clemency was in 2021, when he commuted Julius Jones’ death sentence to life without parole just hours before Jones was scheduled to receive a lethal injection. Stitt has denied clemency recommendations from the board in 3 other cases: Bigler Stouffer, James Coddington and Phillip Hancock, all of whom were executed.
A state appellate court on Wednesday denied a last-minute legal challenge from Littlejohn’s attorneys to the constitutionality of the state’s lethal injection method of execution. A similar appeal filed in federal court also was rejected Thursday.
(source: Associated Press)
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Gov. Kevin Stitt quietly denies clemency, Emmanuel Littlejohn executed
Despite a recommendation from Oklahoma’s Pardon and Parole Board to grant him clemency, the state carried out the execution of Emmanuel Littlejohn this morning.
Littlejohn was declared dead at 10:17 a.m., according to media witnesses and McAlester News-Capital editor Derrick James.
With the Pardon and Parole Board’s recommendation to commute Littlejohn’s death sentence to life without the possibility of parole, his fate fell to Gov. Kevin Stitt, who ultimately took no action despite the board’s recommendation and concerns about whether Littlejohn himself had been the triggerman in a fatal 1992 robbery. On Wednesday, a representative from Stitt’s office told NPR the governor “continues to prayerfully and carefully consider the facts, evidence, and recommendations,” but Stitt never made a formal announcement of his decision ahead of the execution.
At 10:25 a.m., however, Stitt broke his silence.
“These decisions are very difficult and I do not make them lightly,” Stitt said in an emailed statement. “Mr. Littlejohn murdered an innocent man 32 years ago while robbing a convenience store. A jury found him guilty and sentenced him to death. The decision was upheld by multiple judges. As a law and order governor, I have a hard time unilaterally overturning that decision. Today, justice for this life lost was carried out. I hope this brings closure to the families impacted by this murder.”
Littlejohn, 52, was sentenced to death for the 1992 murder of Kenneth Meers, a convenience store owner. Littlejohn and accomplice Glenn Bethany robbed Meers’ store in Oklahoma City, and one of the two men killed Meers with a single gunshot to the head — but both men were charged by Oklahoma County District Attorney Bob Macy and convicted of committing the murder.
In 1998, the Oklahoma Court of Criminal Appeals ordered a resentencing for Littlejohn, but a second jury again sentenced Littlejohn to death in 2000. Bethany was convicted of shooting and killing Meers in 1993 and sentenced to life in prison without the possibility of parole. In Littlejohn’s clemency petition, his attorneys argued that because Littlejohn was convicted in 1994 of the same crime a year after Bethany’s trial, the two men’s prosecutions were “inconsistent.”
In an interview with NBC, Littlejohn said he and Bethany robbed the convenience store because they owed a drug dealer $1,500. He maintained he did not fire the shot that killed Meers.
“All I know is when I left the store, Mr. Meers was still alive,” Littlejohn said. “I didn’t kill Mr. Meers.”
In August, Littlejohn told USA Today he took responsibility for his role in the robbery, but he reiterated the claim that he did not fire his gun. In the same interview, he said if he could speak to Meers’ family, he would ask for their forgiveness. Members of Meers’ family later told the publication they supported Littlejohn’s execution.
“I understand their emotions and I pray for them. But I didn’t kill their son,” Littlejohn said.
The Oklahoma Pardon and Parole Board voted 3-2 on Aug. 7 to recommend clemency to Littlejohn. Oklahoma Attorney General Gentner Drummond expressed displeasure at the time, saying, “My office intends to make our case to the governor why there should not be clemency granted to this violent and manipulative killer.”
In recent years, the Oklahoma Pardon and Parole Board has recommended clemency about a half-dozen times, with Stitt declining to intervene in all instances except for his commutation of Julius Jones’ death sentence to life in prison without the possibility of parole. Stitt’s decision to commute one sentence while denying other similar recommendations has confused observers and raised questions about the consistency of his considerations.
“I am deeply disappointed that Gov. Stitt did not follow the recommendation of his hand-picked Pardon and Parole Board to grant clemency and stay the execution of Emmanuel Littlejohn,” Rep. Jason Lowe (D-OKC) said in a statement. “The death penalty should never be used when doubts remain about a defendant’s guilt. I will continue to pray for both the Meers and Littlejohn families.”
Attorneys: Sentencing confusion misled jurors
The clemency petition included the sworn affidavits of 2 jurors from Littlejohn’s 1994 and 2000 sentencing hearings, respectively. The juror from 1994 characterized herself as “one of the holdouts” when deliberating on assigning Littlejohn the death penalty, but she ultimately voted in favor of the death penalty because she feared “a life sentence even without parole could be changed and he might have a chance to get out of prison.”
Short of a vacated sentence or commutation, life without the possibility of parole means an offender will be imprisoned for life. Commutation for those serving such sentences is exceptionally rare. According to a 2024 study published by Northwestern University Law Review, from 1990 to 2021, 388 inmates serving life without parole for state-level convictions had their sentences commuted to lesser punishments, 134 of whom were convicted of murder. For context, there were 52,059 inmates serving life sentences without possibility of parole at state levels nationwide in 2020.
A juror from 2000 expressed similar concerns to the 1994 juror, stating that some jurors at the resentencing trial believed Littlejohn “would eventually be released from prison even if [the jury] gave him life without parole.”
Seeking clarification on the meaning of life without possibility of parole, the 2000 resentencing jury submitted a note to the trial court asking, “Is it possible to change the verdict of life without parole to with parole after our verdict and without another jury verdict?” The court rejected a request by defense counsel to elaborate on the available sentencing options, and instead told the jury it had “all the law and evidence necessary to reach a verdict.”
The juror from 2000 said clarification would have been helpful to the jury. The juror’s affidavit said she was initially against sentencing Littlejohn to death but was “not sure what would have happened” had she voted against it, fearing it could result in a mistrial. In retrospect, she said she “would not vote for death” but instead “for life without the possibility of parole and stick with it.”
Littlejohn executed among 4 others this week
Stitt’s decision comes 2 days after the state of Missouri executed Marcellus Williams for the murder of journalist Lisha Gayle, despite a prosecutor in the case saying DNA evidence “conclusively excluded” Williams as the perpetrator and Gayle’s family stating they “define closure as Marcellus being allowed to live.” Missouri Gov. Mike Parson and the Missouri Supreme Court denied Williams’ clemency request Monday, and the U.S. Supreme Court rejected a final appeal to spare Williams’ life Tuesday evening by a vote of 6-3.
About an hour after Williams’ execution Tuesday night in Missouri, the state of Texas executed Travis Mullins for killing his 3-month-old son. Since executions resumed in 1977 after a five-year moratorium, Texas has led the nation with the most executions. From 1977 to January 2024, 1,582 executions occurred nationwide, with Texas responsible for 586. Despite a moratorium from 2015 through 2021 owing to protocol issues and a pair of botched executions, Oklahoma has had the next highest number with 123.
The five executions scheduled nationwide in the span of a week mark the highest 7-day total since 2003, according to the Associated Press. Littlejohn’s execution was America’s 4th since last Friday, when South Carolina executed Freddie Owens for killing a convenience store clerk during a robbery. Owens’ execution marked the 1st time South Carolina used a single drug, pentobarbital, instead of a 3-drug cocktail as a means of execution.
This evening in Alabama, Alan Miller is set to be executed by nitrogen gas for killing 3 of his coworkers in 1999. Alabama became the 1st state to carry out an execution using nitrogen gas in January, and Miller is scheduled to be the second recipient of the procedure. Rev. Jeff Hood, a spiritual advisor who had witnessed 7 executions prior to attending Littlejohn’s in McAlester this morning, described nitrogen hypoxia as the most violent process he has ever seen.
In August, a retired chief medical examiner of New Hampshire told the Associated Press those killed via nitrogen gas will have the sensation of suffocating as they die.
“I think that’s a critical critique of the protocols used in this form of execution,” Dr. Thomas Andrew said. “You certainly will have a sense of the absence of oxygen, air hunger, and all of the panic and discomfort that is part and parcel of that way of dying.”
(source: nondoc.com)
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Oklahoma executes death row inmate Emmanuel Littlejohn for 1992 murder of OKC store owner—-The execution comes after the Oklahoma Pardon and Parole Board voted to recommend clemency for Emmanuel Littlejohn
Oklahoma has carried out the execution of Emmanuel Littlejohn, who was on death row for the 1992 murder of an Oklahoma City convenience store owner.
Littlejohn was executed by lethal injection at 10:17 a.m. on Thursday at the Oklahoma State Penitentiary in McAlester. Oklahoma Department of Corrections Director Steven Harpe as well as media witnesses said the execution was carried out without any issues.
Part of Littlejohn’s last words were asking if his mother was okay and telling her and his daughter that he loved them. He also told them that he was okay and that everything was going to be okay.
He was convicted of killing Kenneth Meers during a robbery and shooting at a Root-N-Scoot convenience store. Littlejohn and Glenn Bethany were arrested in November 1994, but court documents said it’s unclear who fired the fatal shot.
“Justice has been served for the murder of Kenny Meers,” Oklahoma Attorney General Gentner Drummond said in a statement. “I pray that today brings some measure of peace to the Meers family who has waited 32 long years for justice to be served.”
Drummond also shared a message from Meers’ family, saying they wanted to express their appreciation for the people at the Oklahoma Department of Corrections and Oklahoma County prosecutors as well as the criminal appeals and support team at the Attorney General’s Office.
Littlejohn maintained his innocence up until his execution, insisting Bethany was the one who shot and killed Meers. His lawyer also said he had brain damage from childhood trauma that impaired his cognitive ability.
The state said witnesses reported that Littlejohn was the only one seen holding a firearm during the deadly robbery. The state also said Littlejohn exhausted every appeal and that the law said he had to die.
The execution came after the Oklahoma Pardon and Parole Board voted 3-2 in favor of recommending clemency for Littlejohn. Gov. Kevin Stitt did not grant it.
“These decisions are very difficult and I do not make them lightly. Mr. Littlejohn murdered an innocent man 32 years ago while robbing a convenience store,” Stitt said in a statement after the execution. “A jury found him guilty and sentenced him to death. The decision was upheld by multiple judges. As a law and order governor, I have a hard time unilaterally overturning that decision. Today, justice for this life lost was carried out. I hope this brings closure to the families impacted by this murder.”
Littlejohn became the 209th person to be executed in the state’s history.
(source: KOCO news)
NEBRASKA:
A man convicted of killing 4 people in a small Nebraska town faces the death penalty—-A man faces a possible death sentence after being convicted of killing 4 people in a small northeast Nebraska town more than 2 years ago
A man faces a possible death sentence after being convicted of killing 4 people in a small northeast Nebraska town.
A jury found 44-year-old Jason Jones guilty Thursday of 10 counts, including 4 counts of 1st-degree murder, 4 felony gun counts and 2 counts of 1st-degree arson, according to online court documents.
Jones stands convicted in the August 2022 shooting deaths of Michele Ebeling, 53; Gene Twiford, 86; his wife, Janet Twiford, 85; and their daughter 55-year-old daughter, Dana Twiford. The killings shocked the town of Laurel, which hadn’t seen such violence in more than 100 years.
Prosecutors said during Jones’ trial that he started fires at the victims’ homes after they were killed. A day after the bodies were found, police found Jones in his wife’s house, which sits across the street from Ebeling’s home, suffering from severe burns. He was hospitalized for 2 months before being released and moved to prison.
Jones was not present at his trial or conviction, citing lingering effects from the burn injuries he suffered.
Jones was linked to the killings and fires through DNA and ballistics evidence, prosecutors said at trial.
The defense team for Jones did not deny that he killed the 4 victims, but argued during his nearly 2-week-long trial that he committed the killings during an episode of mental illness he suffered.
Prosecutors have said they intend to seek the death penalty, citing several aggravating circumstances — including that Jones committed multiple killings within a short period and that at least 2 of the killings were carried out to keep the victims from identifying him.
Jones’ wife, 45-year-old Carrie Jones, is charged with 1 count of 1st-degree murder in connection with Gene Twiford’s death, as well as counts of tampering with physical evidence and being an accessory to a felony. She’s accused of helping her badly burned husband hide while authorities searched for him in the hours after the killings.
Her pretrial hearing is set for Nov. 25.
(source: Associated Press)
USA:
Oklahoma, Alabama Executions Raise Concerns About Clemency Process and Execution Methods
Clemency Alabama Oklahoma
Executions in Oklahoma and Alabama, scheduled just hours apart on September 26, highlight issues of proportional sentencing and experimental methods of execution. Emmanuel Littlejohn, who was executed at 10:17am CT, had received a recommendation of clemency from Oklahoma’s Pardon and Parole Board because of conflicting evidence about whether he or a co-defendant actually killed the victim. Alan Miller, scheduled to be executed in the evening of September 26, survived a botched lethal injection execution in 2022 and would be the 2nd person in U.S. history killed by nitrogen hypoxia.
Mr. Littlejohn was the 4th person executed in Oklahoma in 2024. He was convicted and sentenced to death for his involvement in the robbery and murder of a convenience store clerk in 1992, but there is doubt about who pulled the trigger. During a 1993 trial, prosecutors argued that Mr. Littlejohn’s codefendant, Glenn Bethany, was responsible for killing Kenneth Meers, and he was sentenced to life in prison without the possibility of parole. In Mr. Littlejohn’s 1994 trial, prosecutors argued the opposite, insisting that Mr. Littlejohn was the shooter, not Mr. Bethany. The jury, which was unaware of the sentence handed down to Mr. Bethany a year earlier, sentenced Mr. Littlejohn to death, which was later overturned on appeal because of improper testimony from a jailhouse witness. He was resentenced to death in 2000.
During Mr. Littlejohn’s clemency hearing, Assistant Federal Public Defender Callie Heller questioned “is it justice for a man to be executed for an act that prosecutors argued another man committed when evidence of guilt is inconclusive?” At the hearing, Mr. Littlejohn admitted to his presence at the crime scene, but insisted he did not kill Mr. Meers. His clemency petition highlights several ways in which his death sentence is the “opposite of reliable” and indicated that Mr. Littlejohn “poses no threat to the prison community” because of his good behavior, connection to his family, and “debilitating health issues” from a “recent stroke and diagnosis of progressive white matter disease.” The clemency petition states that if “given the chance to live out his remaining years in prison, Manuel will continue to provide familial support, model good behavior, and live with remorse.”
Without issuing a public statement, Governor Kevin Stitt denied clemency for Mr. Littlejohn just minutes ahead of his execution. In a phone conversation with NPR’s Chiara Eisner, ahead of his clemency denial, Mr. Littlejohn urged Gov. Stitt to not “kill [him] for the heck of it.” He told Ms. Eisner that he was scared. “I have never been so scared in my life. To have somebody have your life in their hands and you can’t do nothing about it, it messes with a person. It messes with them and you are going to take it up to the last second, but I will respect your decision either way,” Mr. Littlejohn said. He added, “I want to live and I don’t believe I deserve to die for this.”
The state of Alabama executed Alan Miller by nitrogen hypoxia—just the 2nd time the state used this method of execution. In September 2022, Alabama attempted to execute Mr. Miller by lethal injection, but failed to do so when personnel could not establish IV lines for the lethal drugs. This execution attempt was 1 of 3 botched executions in Alabama that year. Mr. Miller was convicted in 2000 for a workplace shooting that left 3 individuals dead. At trial, Mr. Miller’s defense presented a forensic psychiatrist who diagnosed him with a delusional disorder, which caused him to believe that the victims were spreading rumors about him. Despite this diagnosis, the forensic psychiatrist determined that Mr. Miller’s mental illness did not meet Alabama’s standards for an insanity defense. Jurors took just 20 minutes for deliberation and voted in favor of Mr. Miller receiving a death sentence.
Following his failed lethal injection execution, Mr. Miller and the state of Alabama reached an agreement that any other execution attempt would be by nitrogen hypoxia. In a federal lawsuit, Mr. Miller claimed that the state’s current nitrogen hypoxia could cause him undue harm and suffering, violating the Eighth Amendment protection against cruel and unusual punishment. Parties reached a confidential agreement, but Attorney General Steve Marshall touted that this resolution proves the soundness of the method. “The resolution of this case confirms that Alabama’s nitrogen hypoxia system is reliable and humane,” Mr. Marshall said in a statement.
Mr. Miller was executed, and he became the 1600th person executed in the United States since the resumption of capital punishment in 1976.
(source: Death Penalty Information Center)
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This is human experimentation: the end of a seven day execution horror
In the last week alone, we have witnessed 5 executions, a terrifying increase in execution rates.
This is the highest amount in such a short timespan that we’ve seen in decades.
On average, an execution takes place somewhere in the world every 18 hours.
Yesterday, Alan Miller was executed using nitrogen gas.
For the 2nd time a US state used a method of execution rejected by veterinarians for killing animals.
This was Alabama’s 2nd attempt to execute Alan Miller. Previously, they attempted to execute him via lethal injection. When an execution by lethal injection is ‘botched’ it results in torturous pain. Judges have compared it to “waterboarding” and being “burned at the stake”.
Like lethal injection, this is human experimentation.
Whether forcibly suffocating people with nitrogen or injecting them with substandard drugs acquired in secret, states are carrying out dangerous human experiments that risk causing extreme suffering.
Across the US, executing states are going to ever more extreme lengths to prop up the death penalty claiming:
Executing people who have previously been subjected to torturous botched and aborted executions is fine, no matter how much the person suffered the 1st time.
Buying execution drugs from pill mills is an appropriate use of taxpayer money.
Acquiring fentanyl in secret and using it to kill people is A-OK, even though it risks putting more of this dangerous drug of abuse on the streets.
That it is not a problem that black people are twice as likely to suffer a botched lethal injection than white people.
This year we published our report, ‘Lethal Injection in the modern era: cruel, unusual and racist’ which reveals the shocking realities behind the lethal injection.
What is a botched lethal injection execution?
A botched execution is an execution gone wrong, often resulting in prolonged pain.
Our new report, ‘Lethal Injection in the Modern Era: Cruel, Unusual and Racist’ analysed lethal injections over the last 5 decades. We found that Black people had 220% higher odds of suffering a botched lethal injection execution than white people in the modern era of the death penalty.
It also finds that botched lethal injection executions occurred regardless of the drugs used and irrespective of whether a 1-drug or a 3-drug protocol was used.
Beyond the significant racial disparities identified by the research, our new report also found that botched executions typically lasted an extremely long time: over 1/4 (19) of botched lethal injection executions lasted over 1 hour, with over 1/3 (26) lasting more than 45 minutes. The longest lethal injection execution in 2022 took over 3 hours.
Can lethal injections fail?
Yes – lethal injections can fail.
Lethal injections are more likely to go wrong than any other execution method. And when an execution is ‘botched’ it results in torturous pain. Judges have compared it to “waterboarding” and being “burned at the stake”.
In the modern era of executions, there have even been 6 lethal injection executions that have had to be abandoned because the process did not work, and these individuals survived the process. Their names are Romell Broom, Alva Campbell, Doyle Hamm, Alan Miller, Kenneth Smith and Thomas Creech. There was one additional individual – Clayton Lockett – whose execution was halted due to complications, but he died after 45 minutes in the execution chamber due to a massive heart attack.
Why would a lethal injection go wrong?
Lethal injection executions are frequently administered by prison officials with no medical training. The drugs are often sourced from illicit suppliers or illegally diverted from their designed and approved purpose. And lethal injection is entirely experimental, employing drugs in untested combinations and quantities.
Why is the use of nitrogen gas another example of human experimentation?
Major manufacturers of medical-grade nitrogen gas have opposed their products being used in executions, and veterinarians have rejected it for use for killing animals.
Alabama is currently the only state that has used it in an execution.
As with lethal injections, nitrogen executions are the latest iteration of US execution states experimenting with methods of killing. Like lethal injection, the new method of nitrogen hypoxia has been dressed up as being more humane on without any evidence or testing. And like lethal injection executions, it proved to be anything but humane.
What lethal injection cocktail is used for the death penalty?
Most drugs used to kill people by lethal injection are life-saving drugs that are intended to improve lives, not end them. All approved manufacturers of these drugs oppose the misuse of their medicines in executions.
The sedatives and barbiturates that are often used in executions are needed by hospitals across the US and many are in dangerously short supply.
Twitter image of lethal injection – Stock
Has anyone ever survived a lethal injection?
To date, 6 people have survived lethal injections, one as recently as February 2024.
3 of these executions took place in the state of Alabama.
Both Kenneth Smith and Alan Miller were amongst the survivors. After surviving a traumatic attempt, they simply returned to their cells on death row.
Both have now been executed by the state of Alabama using nitrogen gas.
Capital punishment is racist at every level, including in the execution chamber. End this now.
Racism does not just exist in the US’s police stations and courts. It extends to the execution chamber too.
What’s race got to do with the lethal injection?
For decades, studies have documented that the death penalty discriminates against Black people, who face disproportionate rates of capital charging, death sentencing, execution, and exclusion from capital juries. But now, researchers at Reprieve uncover that racial disparities extend into the execution chamber too.
One of the most significant findings to emerge from our analysis is that Black people had a 220% higher chance of suffering a botched execution than white people in the modern era of the death penalty in America. It also found that:
In the state of Arkansas, 75% of botched lethal injection executions were of Black people, despite executions of Black people accounting for just 33% of all executions.
In the state of Georgia, 86% of botched lethal injection executions were of Black people, despite executions of Black people accounting for just 30% of all executions.
In the state of Oklahoma, 83% of botched lethal injection executions were of Black people, despite executions of Black people accounting for just 30% of all executions.
State secrecy and botched executions
Our new report also reveals regular state cover ups of issues that occur in executions. States have often reported executions going smoothly, when witness testimony clearly proves they did not.
This includes state cover ups about how they got the drugs, and secretly trialling new methods of executions and covering it up when executions go wrong. All to maintain the myth that lethal injections are humane.
Worse yet, executing states have passed secrecy laws prohibiting access to information on the drugs used. This includes critical information on the source and quality of the drugs.
This is worrying when the illicit and worrying procurement of restricted and unapproved drugs can contribute to lengthy and painful botched executions.
(source: reprieve.org)
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USA—-impending/scheduled executions
With the execution of Alan Miller in Alabama on September 26, the USA has now executed 1,600 condemned individuals since the death penalty was re-legalized on July 2, 1976 in the US Supreme Court Gregg v Georgia decision.
Gary Gilmore was the 1st person executed, in Utah, on January 17, 1977. Below is a list of further scheduled executions as the nation continues its shameful practice of state-sponsored killings.
NOTE: The list is likely to change over the coming months as new execution dates are added and possible stays of execution occur.
1601—–Oct. 1————-Garcia White————Texas
1602—–Oct. 17———–Robert Roberson——-Texas
1603—–Nov. 21———–Corey Dale Grayson—Alabama
1604—–Dec. 4————Christopher Collings—Missouri
1605—–Dec. 18———–Joseph Corcoran——–Indiana
(source: Rick Halperin)
JAPAN:
Man wins landmark acquittal in 1966 quadruple murder retrial in Japan
A Japanese court acquitted Thursday an 88-year-old former professional boxer in a high-profile retrial decades after he was sentenced to death over a 1966 quadruple murder, saying investigators had fabricated evidence.
Iwao Hakamata spent nearly half a century on death row before new evidence led to his release from incarceration in 2014, leading to his being recognized that year as the world’s longest-serving death row prisoner.
Hakamata’s case marks the 5th time in postwar Japan that retrials have resulted in acquittals after the death penalty was given, with the 4 previous rulings finalized without an appeal by prosecutors.
The focus now shifts to whether prosecutors, who again demanded the death penalty in the retrial, will appeal Thursday’s ruling. The defense team has urged prosecutors not to challenge an acquittal.
In the ruling, the Shizuoka District Court said “there were 3 instances of fabrication of evidence,” including five pieces of clothing that Hakamata was alleged to have worn during the incident and his confession, which the court said was forced. The clothing evidence played a key role in his conviction.
On the clothing items, which were found in a miso tank near the site of the murders 14 months later, the court backed the defense’s claim that the reddish color could not have been bloodstains from the time of the incident as bloodstains on clothing would not remain red when immersed in miso for more than year.
While prosecutors argued the clothing were worn by Hakamata during the incident, Presiding Judge Koshi Kunii said investigators put the bloodstains and hid them at a time close to their discovery.
The ruling pointed out that it is presumable that investigators resorted to fabrication of the key evidence “to ensure his conviction,” as Hakamata pleaded not guilty at the start of the trial although he had confessed to the killings during his questioning.
Regarding his statements of confession, the judge said they were “effectively fabricated,” as they were “forced by inflicting physical and mental pain,” calling his interrogation “inhumane.”
“Over the years, different conclusions and opinions have been presented by each court,” Kunii said in concluding the ruling. “He cannot be identified as the culprit,” based on the cardinal rule in criminal trials that giving a defendant the benefit of the doubt, he said.
Hakamata’s mental state deteriorated due to his long incarceration, with signs of psychological strain manifesting from around 1980, when his death sentence was finalized. His 91-year-old sister had appeared in court hearings on behalf of her brother since the retrial began last October.
“We’ve won an acquittal,” Hideko told their supporters in front of the district court. “Thank you for all your support over the years.”
After handing down the ruling, Kunii apologized to Hideko on behalf of the court, saying “we really feel sorry that the trial took so much time.”
The ruling came after the Tokyo High Court ordered a retrial in March last year, saying there was a strong possibility that the 5 pieces of clothing had been planted by investigators.
The high court in 2018 had initially decided not to reopen the case but reversed course after the Supreme Court in 2020 ordered it to reexamine its ruling.
“The ruling was enough for prosecutors to give up appealing,” Hakamata’s lead lawyer Hideyo Ogawa said.
Meanwhile, Kenshi Konagamitsu, deputy chief prosecutor at the Shizuoka District Public Prosecutors Office, said, “We will closely examine the ruling and deal with it appropriately.”
It took more than nine years to reopen the case after the Shizuoka District Court granted him a retrial in 2014, as prosecutors filed an objection against the decision.
Hakamata first appealed for a retrial in 1981, and the decades that elapsed before his retrial finally started last year have led legal experts to call for revising the retrial system, which sets a high hurdle for the convicted to reopen a case.
Some are also hoping that the debate over abolishing the death penalty will gain momentum in Japan, given that Hakamata still suffers from post-incarceration syndrome, worsened by decades of not knowing when he might be executed and severely limited restricted contact with anyone outside his cell.
On Thursday, Hakamata, who was exempted from attending court proceedings, spent his time as usual in Hamamatsu, Shizuoka Prefecture, where he lives. He went out for a routine walk, visiting a temple and eating at a noodle restaurant.
The former boxer was a live-in employee at a miso maker when he was arrested in 1966 for allegedly killing the firm’s senior managing director, his wife and 2 of their children. They were found dead from stab wounds at their house in Shizuoka Prefecture, which had been burned down.
Indicted for murder, robbery and arson, his death sentence was finalized based on a ruling that blood marks on the 5 clothing items found in the miso tank matched the blood types of the victims and Hakamata.
The following is a chronology of major events related to the 1966 murder of four people in Shizuoka Prefecture.
June 30, 1966 — 4 members of family, including 2 children, found murdered in ruins of miso processing company executive’s burned-down house in Shizuoka Prefecture.
August — Former professional boxer Iwao Hakamata arrested on suspicion of murder-robbery.
August 1967 — Bloodstained clothing discovered in factory’s miso tank.
September 1968 — Hakamata sentenced to death.
December 1980 — Supreme Court finalizes capital punishment.
April 1981 — Hakamata files 1st appeal for retrial.
August 1994 — Shizuoka District Court turns down appeal, prompting defense team to appeal to Tokyo High Court.
August 2004 — Tokyo High Court turns down appeal, prompting defense team to file special appeal the next month.
March 2008 — Supreme Court turns down special appeal.
April — Hakamata’s sister Hideko files 1nd appeal.
March 27, 2014 — Shizuoka District Court decides to reopen Hakamata case, Hakamata freed.
March 31 — Prosecutors appeal decision to reopen case.
June 11, 2018 — Tokyo High Court rules against reopening case.
June 18 — Defense team files special appeal to Supreme Court.
Dec. 22, 2020 — Supreme Court sends case back to Tokyo High Court.
March 13, 2023 — Tokyo High Court rules in favor of reopening case.
March 20 — Prosecutors give up filing special appeal, ruling for retrial finalized.
October 27 — Shizuoka District Court holds 1st hearing in retrial of Hakamata.
May 22, 2024 — Prosecutors demand death penalty in final hearing.
Sept. 26 — Hakamata acquitted by Shizuoka District Court.
(sourceL kyodonews.net)
INDIA:
Court pronounces death sentence for Yumken Bagra, 20 years for Marbom Ngomdir and Singtung Yorpen
The special POCSO court here in Yupia on Thursday pronounced the death penalty for Yumken Bagra, prime accused in the sexual assault and molestation of 21 minors, both boys and girls, of the government residential school in Karo in Shi-Yomi district.
On Tuesday, the court had held Bagra and 2 other accused in the case – Marbom Ngomdir and Singtung Yorpen – guilty of serious offenses under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, following which, on Thursday both Ngomdir and Yorpen were given 20 years’ imprisonment.
The trio can approach the high court, Judge Jaweplu Chai announced.
Yumken Bagra was convicted under Sections 328 and 506 of the IPC, as well as Sections 6, 10, and 12 of the POCSO Act, and he received the death sentence due to the severity of his crimes.
Marbom Ngomdir, a Hindi teacher at the school, was found guilty under Section 506 of the IPC and Sections 17 and 21(1) of the POCSO Act, while Singtung Yorpen, the former headmaster of the school, was convicted under Sections 17 and 21(2) of the POCSO Act.
Itanagar SP Rohit Rajbir Singh said that “this ruling not only addresses the immediate issue at hand but also serves as a critical turning point for the broader societal awareness surrounding the protection of children, reinforcing the collective responsibility to safeguard their rights and welfare.”
The SP said that initial investigation into the case received momentum under the leadership of Shi-Yomi SP Irak Bagra, along with his dedicated team, and West Siang SP Abhimanyu Poswal and his staff, before it was entrusted to the crime branch police station’s special investigation team (SIT).
The Itanagar SP also acknowledged the unwavering commitment of investigating officer DSP Moyir Basar Kamdak, SIT OC Inspector Ngilyang Lali, chief aid to the IO Inspector Rina Sonam, SI Kamnu Wangsu, Head Constable, Tage Dolo, Lady Constables Elima Modi, Leena Tallong, Tana Yasso, and Nishu Konia, and Constables Aman Meena and Sanjeev Kumar.
“Their tireless dedication was the backbone of this case, ensuring that justice was pursued with diligence and integrity,” Singh said.
He said that “the prosecution also played an essential role in this journey, expertly presenting the case in court and making certain that the voices of the victims were heard loud and clear.
“Their efforts deserve the highest commendation: special public prosecutor (POCSO), advocate Tapak Uli; special public prosecutor, advocate Kagam Bagra; victims’ representative, advocate Oyam Binggep, and pro bono advocate Nikita Danggen.
“With exceptional dedication, they ensured that the legal process was thorough and fair, always prioritising the interests of the victims,” the SP said.
“Together we have taken a significant step towardsensuring that such grave offences do not go unpunished, and that the dignity and rights of children are upheld with the seriousness they deserve. I am honoured to have worked alongside such an exceptional team and am deeply grateful for everyone’s contribution to this noble cause.
“The successful conclusion of this case is a testament to the synergy between the investigation, prosecution, media, and judiciary, all working together to ensure that justice was served. This collaboration has reaffirmed our faith in the legal system and demonstrated how various branches of jurisprudence can unite in their common goal of delivering justice.
“Furthermore, recognition is due for the court staff and all those involved in the day-to-day administration of the trial: Constable Sagan Choudhary, Lady Constable Yumpa Bimpak,Constable Dharmendra Kumar of GR branch, and Head Constable Sanjay Kumar Shah. Their behind-the-scenes contributions ensured the trial proceeded smoothly, allowing justice to be served without unnecessary delays.
“Special mention must be made of Inspectors Khiksi Yangfo and Ongsa Ronrang, and SI Sushant Jha, whose coordination and assistance were pivotal throughout the process, especially the apprehension efforts.
“I cannot emphasise enough the critical role played by the judiciary, particularly the sessions court, in ensuring that justice was not only done but also seen to be done. The court handled this sensitive case with the highest standards of fairness, diligence, and sensitivity, leaving an indelible mark on all who were involved. The meticulous and thoughtful conduct of the trial reflects the judiciary’s unwavering commitment to upholding the rule of law and protecting society’s most vulnerable members,” the SP said.
Meanwhile, Arunachal Pradesh Women’s Welfare Society president Kani Nada Maling said that “it is a landmark judgement which the judiciary system delivered within a short period.
“This judgement should send a strong message to the society. This is not only justice for the victims’families but connects with the emotions of the entire society, which has gained faith in the justice delivery system of the state,” she said.
Maling thanked the special public prosecutors, the advocate representing the victims, the pro bono advocate, and various women’s and students’organisations for their role in the case.
She also thanked the state government “for timely constituting the SIT.”
(source: arunachaltimes.in)
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Goraya man gets death penalty for rape-murder of 12-yr-old
A special fast-track court here on Thursday awarded a death sentence to a Goraya man for rape and murder of a 12-year–old girl.
Police registered a kidnapping case and started investigation. Later, the cops found the mutilated body of the girl from Gurpreet’s house.
Additional sessions judge Archana Kamboj convicted the accused under IPC sections of 376 (rape), 302 (murder), 364 (kidnapping) and 201 (destruction of evidence) and pronounced the death sentence, said district attorney Anil Kumar and additional district attorney Nikhil Nahar.
According to the police complaint, the accused, Gurpreet Singh, had kidnapped the girl, who happened to live near his house in February 2021. Police registered a kidnapping case and started investigation. Later, the cops found the mutilated body of the girl from Gurpreet’s house.
During his interrogation, Gurpreet confessed to have strangulated the girl after raping her. The medical reports revealed that the victim was raped many times before she was choked to death. The accused had even tried to dispose of the body in a bid to mislead the cops.
(source: hindustantimes.com)
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Death Row Convict Balwant Singh Rajoana Approaches Supreme Court Seeking Release Due To Delay In Deciding Mercy Petition
The Supreme Court recently issued notices in a petition filed by Balwant Singh Rajoana, Babbar Khalsa terrorist and a death row convict, in a petition under Article 32 seeking commutation of the death sentence on grounds of ‘extraordinary’ and ‘inordinate delay’ of 1 year and 4 months in deciding his mercy petition, pending before the President of India.
The petition also seeks his consequential release on grounds that he has undergone a total sentence of 28 years & 08 months as of date, of which 17 years have been served as a death row convict in an 8” x 10” capital punishment cell, including 2.5 years in solitary confinement. The petition says: “It is submitted that this extraordinary and inordinate delay in deciding his mercy petition, for reasons beyond the Petitioner’s control and not attributable to him, is an infringement of his right to life guaranteed under Article 21.”
A bench of Justices B.R. Gavai, Prashant Kumar Mishra and K.V. Vishwanathan will hear the petition.
Singh, a police officer in Punjab, was convicted on July 27, 2007 under Sections 120-B, 302, 307 of the Indian Penal Code, 1860 and Sections 3(b), 4(b) and 5(b) r/w 6 of the Explosives Substances Act, 1908 for an incident involving a bomb blast in 1995 wherein the then Chief Minister of Punjab, Beant Singh along with 16 others, lost their lives.
15 accused were convicted, out of which two including the petitioner were sentenced to death, while others were sentenced to life imprisonment.
Singh’s conviction was confirmed by the Punjab & Haryana Court on October 12, 2010. However, while confirming the conviction of a co-accused Jagtar Singh Hawara, the High Court commuted the death sentence to life imprisonment.
Singh did not file an appeal against the order of the High Court. Thereafter, on March 5, 2012, a death warrant for executing his sentence was issued. However, on March 25, same year, a mercy petition under Article 72 of the Constitution of India was preferred by the Shiromani Gurudwara Prabandhak Committee (‘SGPC’) seeking clemency on Singh’s behalf.
Subsequently, the mercy petition was processed for consideration in the Home Ministry, and a stay against its execution was intimated to the state authorities on March 28, 2012.
In 2020, Singh filed a writ petition seeking commutation of death penalty. On May 3, 2023, the Supreme Court bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol declined to commute the death penalty but directed that the mercy petition be decided by competent authority in the due course of time.
However, the mercy petition is yet to be decided by the President.
(source: livelaw.in)
NORTH KOREA:
N. Korea raises number of criminal charges subject to death penalty: Report
North Korea has increased the number of criminal charges subject to the death penalty to 16 from 11 by revising the penal code several times between 2022 and 2023, as per a report on Friday.
According to the report by Korea Institute for National Unification (KINU), since revising the criminal law in May 2022, North Korea has further amended it three times, including the latest revision in December 2023, Yonhap news agency reported.
North Korea newly added 5 criminal charges that could lead to the death penalty as a maximum sentence, when compared with the revisions in the penal code between May 2022 and December 2023, according to the report.
Anti-state propaganda and agitation acts, as well as illegal manufacturing, use and transfer of weapons, ammunition and explosives, fall under such charges.
The report said that North Korea seems to be strengthening state control and punishment over the management of ammunition and explosives in a bid to help fulfil the country’s five-year weapons development project and better protect the North’s leader Kim Jong-un and his family.
“North Korea has revised the criminal law in a way that bolsters the regime’s security,” it said, adding that the move points to instability in the North Korean regime.
(source: daijiworld.com)
INDONESIA:
Drug dealer sentenced to death for possessing 28 kg meth
The Medan District Court in Indonesia sentenced a drug dealer, identified as FRL, to death for possessing 28 kg of crystal methamphetamine and 14,431 ecstasy pills.
Chief Judge Lenny Megawaty Napitupulu stated that the death sentence was in line with the prosecutor’s demands and following the Narcotics Law, Xinhua news agency reported.
FRL was arrested on January 29 after police received a tip-off about drug transactions in Medan. An undercover officer, posing as a buyer, arranged a meeting with the dealer on Jalan Flamboyan Raya in Medan.
FRL was apprehended during the transaction, and a subsequent search of his residence led to the discovery of the meth and ecstasy pills.
(source: daijiworld.com)
PHILIPPINES:
Barbers cites need to revive death penalty to deter crimes
House of Representatives Quad Committee (Quadcom) overall chairperson, Rep. Robert Ace Barbers on Friday pushed for the passage of key legislative reforms aimed at dismantling criminal syndicates, holding corrupt officials accountable and restoring peace and order in the country.
During the seventh public hearing of the joint panel into interconnected issues of Philippine Offshore Gaming Operators (POGOs), illegal drugs, money laundering, and extrajudicial killings (EJKs), Barbers outlined legislative reforms that are crucial in addressing the root causes of criminality.
The Surigao del Norte 2nd District congressman cited the need to revive the death penalty as a deterrent for heinous crimes, including drug trafficking and EJKs.
“We have been indecisive about the issue of the death penalty in recent times. Look at what happened. The state of our peace and order has worsened. Criminals are no longer afraid. They have become bolder in committing murder now, which we know as extrajudicial killings,” Barbers said.
Barbers also proposed amending the Cybercrime Law to address the rampant issues of online gambling, hacking, and investment scams, which have provided new platforms for organized crime syndicates.
Amending the Anti-Money Laundering Act, he said, would empower the government to take swift action against suspicious financial activities, even before formal charges are filed, ensuring that illegal funds are intercepted before they can be used to further criminal enterprises.
He said the Revised Corporation Code should be amended to prevent shell companies from being a tool for money laundering and other illicit activities, emphasizing that only legitimate individuals and entities should be allowed to create corporations.
He further suggested revisions to the Local Government Code to prevent the abuse of power by local government units in reclassifying and converting land, which has been exploited by foreign nationals and corrupt officials.
Barbers stressed the importance of reforms in birth registration laws to ensure that only true Filipino citizens are registered, preventing fraudulent claims of citizenship, as well as amendments to the Land Registration Act to ensure that only Filipino citizens and legitimate corporations can own land in the Philippines, thereby preventing illegal land acquisitions by foreign entities.
He also called for a review of the current system of visa issuance, recommending that the powers to issue visas be restricted to the Department of Foreign Affairs to prevent abuse by other agencies, which have facilitated the entry of foreign nationals involved in illegal activities.
In strengthening the Witness Protection Act, Barbers said those testifying against organized crime should be provided with the highest level of security, as their testimonies are essential in bringing criminals to justice.
Barbers said these proposed amendments are vital to restoring public trust in the government and maintaining order in the country.
“The proposed legislations we have outlined today are not just responses to the pressing issues of illegal drug trade, POGO-related crimes, and extrajudicial killings; they represent a crucial step toward building a more just and secure future for our country,” he said.
(source: pna.gov.ph)
TAIWAN:
KMT lawmakers criticize death penalty court ruling
Several opposition Kuomintang (KMT) lawmakers on Thursday criticized Taiwan’s Constitutional Court, accusing it of making a “hypocritical” ruling that limits the use of the death penalty and fails to deliver justice to victims.
Although the Constitutional Court’s Judgment 113-Hsien-Pan-8, delivered on Sept. 20, may better protect defendants’ right to due process, the ruling effectively makes it impossible to sentence a convict to death, thereby failing to deliver justice, KMT Legislator-at-Large Wu Tsung-hsien said during a news conference in Taipei.
As a former prosecutor for 20 years, Wu said he had accompanied victims’ families through such tragedies, while many people who advocate for the protection of offenders’ rights have not.
KMT lawmakers Huang Chien-pin and Yu Hao said during the news conference that the general public would not feel safe if criminals could escape death.
A man whose son was killed during a school stabbing in New Taipei in December also appeared via a video link during the news conference.
“If you are victims’ families like us, then you could talk to us about the human rights of the perpetrators. You will never understand the pain in our hearts,” the father said.
“I haven’t had a good night’s sleep since (my son died). Every day, I hope my son will come back to me, only to be disappointed. Have you ever gone through such experiences over and over again?” he asked the Constitutional Court Justices and human rights groups.
Wu said the death penalty remains a strong message to society that justice is being upheld. He pledged to take action alongside fellow lawmakers, including pursuing law amendments, organizing street protests, and advocating for a referendum on the issue.
According to the judgement, the court ruled that in cases where defendants are found guilty of homicide — including those committed in certain scenarios, such as during rape, robbery, or kidnapping for ransom — the death penalty can only be applied to “the most serious crimes” and must conform with “the strictest requirements of due process in terms of criminal procedure.”
The court specified four criminal provisions regarding homicide, because the 37 death-row inmates who petitioned the court were sentenced to death for at least of 1 of them, it said in a press statement on the judgement.
However, part of the Code of Criminal Procedure was ruled unconstitutional on the grounds that the current system does not protect the defendants’ or suspects’ right to life, right to defense, and due process of law, during trials or investigations.
A 2-year grace period was given for required law amendments to be made, and the 37 petitioners, the remaining death-row inmates, can lodge an extraordinary appeal, depending on the progress of the law amendments or the situation in their respective cases, according to the judgment. The Attorney General may also make appeals on their behalf.
In response, the ruling Democratic Progressive Party’s (DPP) legislative caucus urged their KMT colleagues to focus on work to amend laws and establish a better scrutinized system in line with the judgement, and to end attacks on the Constitutional Court, caucus whip Wu Szu-yao said during a news conference on Thursday.
According to Wu, the DPP plans to push for no parole for people sentenced to life in prison, while introducing laws to ensure suspects cannot use protections afforded people with mental disorders to avoid the death penalty.
(source: focustaiwan.com)
AFRICA:
Key Outcomes from the 79th Ordinary Session of the African Commission on Human and Peoples’ RightsAfrica By Isabella Ataides, on 26 September 2024
From 14 May to 3 June 2024, the African Commission on Human and Peoples’ Rights (ACHPR) held its 79th Ordinary Session in a hybrid format. Members of the Commission and staff of its Secretariat physically attended the Session in Banjul, Gambia; all other participants attended the Session online via Zoom.
The World Coalition Against the Death Penalty (World Coalition) followed this session remotely, along with its member organizations: CHESO (Children Education Society – Tanzania), the FIACAT (the International Federation of ACATS), Foundation for Human Rights Initiative (Uganda), Penal Reform International, Reprieve, REPRODEVH (Niger), Mauritanian Coalition Against the Death Penalty, Niger Coalition Against the Death Penalty, and OBP (Burundi). The World Coalition did not participate in the NGOs Forum, which also took place virtually before the sessions started, from 11th to 13th May.
Rising Concerns Over Death Penalty Practices in Africa
In his opening speech, Honorable Rémy Ngoy Lumbu, President of the ACHPR, expressed grave concern over the recent decision by the Government of the Democratic Republic of the Congo (DRC) to lift its moratorium on the death penalty. This development, he noted, represents a setback in the protection of the right to life, as guaranteed in Article 4 of the African Charter.
The ACHPR’s Working Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa echoed this concern, urging the DRC government to reinstate the moratorium on executions and to work towards long-term abolition. The FIACAT presented a declaration expressing concern about the more than 800 people currently on death row in the DRC and calling for renewed efforts towards abolition.
A joint declaration on the impact of the death penalty on women in Africa, authored by the World Coalition and presented by Penal Reform International in Kampala, emphasized the need for a gender-sensitive approach to abolition. It highlighted the severe discrimination and poor detention conditions faced by women on death row, many of whom come from marginalized backgrounds and have experienced gender-based violence. The declaration called for better consideration of mitigating factors, improved detention conditions, and the availability of disaggregated data on women on death row. In reply, Hon. Commissioner Idrissa Sow appreciated the work done by the 2 organizations in informing the commission on the facts and realities of women facing the death penalty. Hon. Sow also pledged to prioritize women offenders on death row during his activities this year.
Abolitionist Trend Advances Across Africa
Reprieve also presented a declaration providing an important update on the state of abolition in Malawi. The declaration highlighted the Malawian government’s commendable decision to commute all death sentences to life imprisonment, noting the strong public and legislative support for abolition.
The Working Group on the Death Penalty submitted its bi-annual public activity report, delivered by its chairperson, Honorable Idrissa Sow. The report outlines ongoing efforts and developments in the abolitionist movement across the continent. It expresses concern about the use of the death penalty in countries with flawed judicial systems, which increases the risk of wrongful convictions, and urges retentionist states to adhere to General Comment No. 3 on the Right to Life, advocating for the death penalty to be used only for the most serious crimes and encouraging strict moratoria and sentence commutations.
The report also underscores an important advancement in the commitment of States to the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), highlighting Côte d’Ivoire’s recent accession. Progress was also made on the Draft Protocol to the African Charter on the Abolition of the Death Penalty (Draft Protocol), with a memo sent to both the Legal Counsel of the African Union and the Clerk of the Pan-African Parliament (PAP) requesting their review and feedback on the draft.
Exploring the Link Between Security and the Death Penalty
The Working Group on the Death Penalty organized a notable panel discussion on the death penalty and security, which is the theme of this year’s World Day. The panel featured insights from Dr. Ntandokayise Ndhlovu, expert member of the working group, as well as case studies from the DRC, presented by Michel Kalemba of FIACAT, and Angola, presented by the Secretary of State for Human Rights Ana Celeste Januário.
The discussion highlighted the ineffectiveness of the death penalty in enhancing security and emphasized that it does not address the root causes of crime, such as poverty and social inequality, and directly violates the right to life. The panel underscored the need for abolition and expressed support for the Draft Protocol.
The next public 81st Ordinary Session will take place from 17 October to 6 November 2024.
(source: World Coalition Against the Death Penalty)
IRAQ:
Statement by the Spokesperson on the executions
The European Union expresses its deep concern over the recent increased application of capital punishment sentences in Iraq, including cases of several executions in one single day. Over 8 000 prisoners are reportedly on the death row in Iraq as of today.
The European Union strongly opposes the capital punishment at all times and in all circumstances. It is a cruel and inhumane ultimate punishment, which is incompatible with the inalienable right to life, fails to act as a deterrent to crime, and represents an unacceptable denial of human dignity and integrity. It also makes miscarriages of justice irreversible.
The European Union calls on Iraq to introduce a moratorium on the use of death penalty as a first step towards its eventual abolishment. The EU will continue to work for the abolition of the death penalty in the few remaining countries that still apply it.
(source: reliefweb.int)
IRAN—-executions
Increase in Executions Across Iran: Execution of Death Sentences in 10 Prisons in Iran
Iranian authorities have carried out a series of executions in recent days, intensifying concerns over the use of capital punishment in the country. These executions reflect a worrying trend of increased death sentences for a range of crimes, including drug-related offenses and murder.
Executions in Shiraz, Jiroft, and Qazvin
On Monday, September 23, 2024, 2 prisoners were executed in separate prisons. Fardin Ahmadi, a resident of Mamasani, Fars Province, was hanged in Adelabad Prison in Shiraz for a murder conviction. That same day, Yaser Balandeh, convicted of murder, was executed in Jiroft Prison. Both men had been sentenced to death following trials that have raised questions over the fairness of their legal proceedings.
In addition, 2 inmates in Qazvin Central Prison were executed on the morning of September 23. Saeed Alimardani, 45, from Tabriz, and Mohammad Ghasaban, 40, from Qazvin, were sentenced to death for drug-related offenses. Their cases, like many others involving capital punishment, have drawn attention from rights activists who argue that Iran’s judicial process often falls short of international legal standards.
Execution of a Child Offender
Perhaps the most concerning case of these executions is the implementation of the death penalty for a juvenile offender in Shiraz Central Prison on September 15, 2024. This prisoner, identified as Mehdi Jahanpour, was 16 years old at the time of committing the crime.
The execution of minors is a clear violation of international human rights law, including the Convention on the Rights of the Child, to which Iran is a signatory. The juvenile offender was executed alongside 2 other inmates, Abdoljalil Ehsani and Yahya Zargari, both of whom were convicted of drug-related offenses.
More Executions Across Iran
Other executions took place in prisons across the country. In Langerud, Ali Afrouz, 31, and Amirhossein Boroumand, 34, were executed in Lahijan Prison on September 24, 2024, after being convicted of murder. Boroumand, who consistently maintained his innocence throughout his trial, had claimed that he did not commit the crime, but his defense was disregarded by the court.
In Hamedan Central Prison, Malekhossein Tarkashvand was hanged on September 23, 2024, after being convicted of drug-related charges. Tarkashvand, who was married and had a young daughter, had been sentenced to death under the country’s harsh drug laws.
Other executions occurred in prisons in Tabriz, Karaj, Yezd, Gorgan, and Bandar Abbas, where prisoners convicted of drug offenses and murder were put to death. Among them was Hamidreza Hassanzehi, a 60-year-old father of eight from Zahedan, who was executed in Bandar Abbas on September 24, 2024, after being convicted of drug-related offenses.
The increasing number of executions in Iran is part of a broader pattern of repression, particularly targeting marginalized groups such as ethnic minorities and those involved in drug-related crimes. This surge in executions has led to widespread condemnation from human rights groups both within Iran and internationally, who are calling for an immediate halt to the use of capital punishment.
As Iran continues to carry out executions at an alarming rate, the international community faces mounting pressure to take action and demand accountability from the Iranian government for its human rights violations. The families of those executed, many of whom were denied a fair trial, continue to suffer in silence as Iran’s death penalty machine shows no signs of slowing down.
(source: iran-hrm.com)
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2 Prisoners Executed in Ghezel Hesar Prison, Karaj
At down September 25, the death sentences of 2 prisoners, previously convicted of murder in separate cases, were carried out in Ghezel Hesar Prison, Karaj, according ro Rokna.
One of these prisoners had committed murder during an altercation in November 2021. The other prisoner was convicted of killing a person on April 12, 2019, and was subsequently sentenced to death by the judiciary.
According to the report, 3 other prisoners, who had been sentenced to death on charges of murder and rape, were also taken to the gallows. However, they were granted a temporary reprieve and returned to their ward.
The identities of the executed prisoners were not disclosed in this report.
According to the Department of Statistics and Publication of Human Rights Activists in Iran, in 2023, at least 767 citizens, including 21 women and 2 juvenile offenders, were executed. Of these, the executions of 7 individuals were carried out in public. Additionally, during this period, 172 others were sentenced to death, with 5 of them sentenced to public execution. It is worth noting that during the same period, the initial death sentences of 49 other individuals were also upheld by the Supreme Court.
(source: en-hrana.org)
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Family of Kurdish Political Prisoner Sentenced to Prison in Iran
4 family members of Pakhshan Azizi, a Kurdish political prisoner facing the death penalty in Iran, have been sentenced to prison terms.
Azizi, a resident of Mahabad,Azizi, is currently on death row in Evin Prison. Her father, Aziz Azizi, sister, Parshang Azizi, son-in-law, Hossein Abbasi, and another individual, Ayoub Anisi, have been convicted on charges related to Azizi’s case.
Branch 26 of the Tehran Revolutionary Court, presided over by Judge Iman Afshari, sentenced Aziz Azizi, Parshang Azizi, and Hossein Abbasi to 1 year in prison each. Ayoub Anisi received a 2-year sentence.
The charges against the family members include “assisting a criminal to avoid trial and conviction” and “gathering and collusion to commit a crime against internal security.”
Pakhshan Azizi was sentenced to death on charges of “rebellion.” She was arrested by security forces in Tehran on August 4, 2023, and transferred to Ward 209 of Evin Prison.
Azizi was initially arrested on November 16, 2009, and released on bail after 4 months.
(source: iranwire.com)
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Death row prisoner Pakhshan Azizi transferred to hospital—-Kurdish journalist Pakhshan Azizi, currently on death row in Evin prison in Tehran, Iran, was transferred to hospital this morning after prison doctors decided that she needed immediate medical attention.
Kurdish journalist Pakhshan Azizi, currently on death row in Evin prison in Tehran, Iran, was transferred to hospital today after being denied access to medication on 23 September.
According to local media in Iranian Kurdistan (Rojhilat), prison doctors decided that Azizi needed immediate medical attention and transferred her to a hospital this morning.
A message posted on Azizi’s social media account on 23 September said: “Pakshan Azizi has severe headaches and her family has agreed to pay for her treatment. But still she was prevented from seeing a doctor”.
Azizi’s isolation began on 4 August 2023, when she was arrested by Iranian intelligence forces in Tehran’s Kharazi town. She was held in solitary confinement in Ward 209 of Evin Prison before being transferred to the women’s ward on 11 December. According to sources close to her family, Azizi has been subjected to torture and pressure from security authorities to force a televised confession.
She was sentenced to death on 23 July by the Revolutionary Court of Tehran, for membership of the Kurdistan Free Life Party (PJAK).
(source: medyanews.net)
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Ali Afrouz and Amirhossein Boroumand Executed in Lahijan
Ali Afrouz and Amirhossein Boroumand were executed for murder charges in Lahijan Prison.
According to information obtained by Iran Human Rights, 2 men were executed in Lahijan Prison in Gilan province on 23 September. Their identities have been established as 31-year-old Ali Afrouz and 34-year-old Amirhossein Boroumand who were sentenced to qisas (retribution-in-kind) for murder in separate cases.
An informed source told IHRNGO: “Ali Afrouz was from Sari and arrested for the murder of a family member in April 2021. He was on the run for two months before turning himself in. Amirhossein was from Langroud and arrested for murder during a group fight 4 years ago. He consistently denied the murder and said he was trying to break it up, but some people had testified that it was him.”
At the time of writing, neither of their executions have been reported by domestic media or officials in Iran.
A 3rd man named Hadi Baghbani was transferred for execution with the 2 men but was returned to his cell after obtaining an extension in his case.
Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness. Crucially, while an indicative amount is set by the Judiciary every year, there is no legal limit to how much can be demanded by families of the victims. IHRNGO has recorded many cases where defendants are executed because they cannot afford to pay the blood money.
In 2023, at least 282 people including 2 juvenile offenders and 15 women, were executed for murder charges, the 2nd highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.
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Kambakhsh Mahmoudi Executed in Kermanshah
Kambakhsh Mahmoudi, a man on death row for murder, was executed in Kermanshah Central Prison.
According to information obtained by Iran Human Rights, a man was executed in Kermanshah (Dizel Abad) Central Prison on 25 September. His identity has been established as 34-year-old Kambakhsh Mahmoudi from Bistoon who was sentenced to qisas (retribution-in-kind) for murder.
An informed source told IHRNGO: “Kambakhsh was accused of killing someone on 29 September 2022. His brother was also executed for the same charges years ago.”
At the time of writing, his execution has not been reported by domestic media or officials in Iran.
Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness. Crucially, while an indicative amount is set by the Judiciary every year, there is no legal limit to how much can be demanded by families of the victims. IHRNGO has recorded many cases where defendants are executed because they cannot afford to pay the blood money.
In 2023, at least 282 people including two juvenile offenders and 15 women, were executed for murder charges, the 2nd highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.
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Malek Hossein Tarkashvand Executed in Hamedan
Malek Hossein Tarkashvand, a Kurdish man on death row for drug-related charges, was executed in Hamedan Central Prison.
According to information obtained by Iran Human Rights, a Kurdish man was executed in Hamedan Central Prison on 23 September. His identity has been established as 45-year-old Malek Hossein Tarkashvand who sentenced to death for drug-related charges by the Revolutionary Court.
An informed source told IHRNGO: “Malek Hossein Tarkashvand was a Kurd from Malayer. He was arrested for possession 3 years ago.”
At the time of writing, his execution has not been reported by domestic media or officials in Iran.
Drug-related executions have continuously risen every year since 2021. According to IHRNGO’s 2023 Annual Report on the Death Penalty, at least 471 people were executed for drug-related charges, an 84% increase compared to 2022 (256) and about 18 times the average of drug-related executions in 2018-2020. In the first 6 months of 2024, at least 147 people were executed for the charges.
On 10 April 2024, 80+ Iranian and international organisations and groups called for joint action to stop drug-related executions, urging UNODC to make “any cooperation with the Islamic Republic contingent on a complete halt on drug-related executions.”
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Khodamorad Zandi Executed in Boroujerd
Khodamorad Zandi, a man on death row for murder, was executed in Boroujerd Prison.
According to information obtained by Iran Human Rights, a man was executed in Boroujerd Prison on 23 September. His identity has been established as 40-year-old Khodamorad Zandi who was arrested for murder 3 years ago.
He was sentenced to qisas (retribution-in-kind) by the Criminal Court.
At the time of writing, his execution has not been reported by domestic media or officials in Iran.
Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness. Crucially, while an indicative amount is set by the Judiciary every year, there is no legal limit to how much can be demanded by families of the victims. IHRNGO has recorded many cases where defendants are executed because they cannot afford to pay the blood money.
In 2023, at least 282 people including 2 juvenile offenders and 15 women, were executed for murder charges, the 2nd highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.
(source for all: iranhr.net)
SEPTEMBER 26, 2024:
ALABAMA—-impending execution
Alabama is set to execute its 2nd inmate by nitrogen gas, a relatively new method of capital punishment
An inmate in Alabama is coming face to face with death for a 2nd time in 2 years as he’s set to become the 2nd person known to be executed by nitrogen hypoxia, a controversial method critics say is tantamount to torture.
A previous attempt to execute Alan Eugene Miller, 59, using lethal injection was called off 2 years ago after state officials said they couldn’t access Miller’s veins before the execution warrant expired.
Republican Alabama Gov. Kay Ivey has designated a 30-hour window beginning Thursday morning for Miller’s execution to take place.
The 2nd execution attempt comes after a federal lawsuit filed by Miller over the use of nitrogen gas in his execution was settled last month. Miller had challenged the state’s nitrogen hypoxia protocol, claiming it could cause him undue suffering, thus violating his Eighth Amendment protections against cruel and unusual punishment, CNN previously reported.
The terms of the settlement are confidential, though state Attorney General Steve Marshall touted it as proof Alabama’s nitrogen gas execution method – which was used for the first and only time earlier this year in the execution of Kenneth Smith – is constitutional.
“The resolution of this case confirms that Alabama’s nitrogen hypoxia system is reliable and humane,” Marshall said in a statement.
Proponents of the nitrogen hypoxia execution method, which replaces oxygen breathed by an inmate with 100% nitrogen, say a person would likely lose consciousness shortly into the procedure, making it more humane than other execution methods. However, doctors have said that they could not pinpoint if or when a person will lose consciousness when exposed to high concentrations of nitrogen gas.
Witnesses to Smith’s January execution said he was shaking and writhing on the gurney for minutes before dying.
CNN has repeatedly reached out to lawyers for Miller for comment on his settled lawsuit and execution.
The 1999 crime
Miller has been staring down the end of his life for more than 2 decades. He was sentenced to death in 2000 for the 1999 murders of Lee Holdbrooks, Scott Yancy, and Terry Lee Jarvis.
Miller had worked with each of the victims and became upset when he believed the 3 “spread rumors about him,” according to a release from the Alabama Attorney General’s office.
On the morning of August 5, 1999, Miller shot two of the three men at Ferguson Enterprises in Pelham, Alabama, according to court documents.
“I’m tired of people starting rumors on me,” Miller said, armed with a pistol while walking out of his employer’s office, court documents say.
Yancy was shot three times, according to court documents, and was unable to move after the first shot, “traveled through his groin and into his spine, paralyzing him.”
Holdbrooks was shot six times and tried to crawl down a hallway to escape before Miller shot him in the head, “causing him to die in a pool of blood,” the documents say.
After killing Holdbrooks and Yancy, Miller headed to his previous employer, Post Airgas, where Jarvis worked.
Miller walked in and said, “Hey, I hear you’ve been spreading rumors about me.”
Jarvis replied that he had not been spreading rumors about Miller but moments later, Miller shot Jarvis “a number of times.”
Miller was later captured on the highway, court documents say, with “a Glock pistol with one round in the chamber and 11 rounds in the ammunition magazine.”
A forensic psychiatrist who testified for Miller’s defense determined he was mentally ill and suffering a delusional disorder, leading him to believe the victims were spreading rumors about him. The psychiatrist concluded, however, that Miller’s mental illness didn’t meet the standards for an insanity defense in Alabama.
“I feel that it has taken way too long to get here,” Tara Barnes, Holdbrooks’ widow told CNN Tuesday.
CNN has attempted to reach family members of Yancy and Jarvis.
What is nitrogen hypoxia?
In September 2022, Alabama officials tried to execute Miller by lethal injection, but failed because they could not access his veins within the required time limit.
Miller was scheduled to be executed by lethal injection after a US Supreme Court ruling vacated a lower court injunction in a long-running dispute over whether he would die by that method or nitrogen hypoxia, CNN previously reported.
Prior to that initial attempt, Miller and his attorneys had fought to ensure he would be executed by nitrogen gas, a method he had previously chosen but the state was not ready to use.
Law enforcement monitors the gate at Holman Correctional Facility in Atmore, Alabama, before Kenneth Smith’s January 25 execution by asphyxiation using pure nitrogen.
After the failed attempt, Miller was sent back to death row.
Miller and his attorneys filed their lawsuit challenging the state’s nitrogen hypoxia protocol after it was used for the 1st time in Smith’s execution.
Smith was sentenced to death for his role in a 1988 murder for hire and, like Miller, had previously survived a failed attempt to execute him by lethal injection in 2022.
The process of death by nitrogen gas involves forcing an inmate to inhale 100% nitrogen gas, depriving them of the oxygen needed to survive. But death by nitrogen gas has been criticized as experts have said it could lead to excessive pain or even torture.
During Smith’s execution earlier this year, he appeared conscious for “several minutes,” and for two minutes after that, he “shook and writhed on a gurney,” according to the media witness report.
That was followed by several minutes of deep breathing before his breath began slowing “until it was no longer perceptible for media witnesses,” CNN previously reported.
“Clearly it was not the instant, painless death that they promised,” Dr. Jonathan Groner, a professor of surgery at The Ohio State University College of Medicine told CNN last week. “There’s a lot of suggestion that it wasn’t good, wasn’t pleasant.”
United Nations experts “unequivocally condemned” Smith’s execution and the use of nitrogen gas inhalation, saying in a statement it “was nothing short of State-sanctioned torture.”
“The use, for the 1st time in humans and on an experimental basis, of a method of execution that has been shown to cause suffering in animals is simply outrageous,” the UN experts said.
“The theory is that if you just get rid of all the oxygen, just breathing pure nitrogen, you won’t feel that intense pressure, like you’re holding your breath, right? It doesn’t really work out that way,” Groner, who’s studied capital punishment for more than 2 decades, said.
While Alabama is the only state that’s put this execution method to the test, it’s not the only state that’s adopted the use of the procedure. Louisiana, Oklahoma and Mississippi have also authorized death by nitrogen hypoxia, according to the Death Penalty Information Center.
(source: CNN)
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Alabama man declared ‘mentally ill’ faces execution by method witnesses called ‘horrific’—-Alan Eugene Miller is set to be executed on Sept. 26 in the shooting deaths of three co-workers in Pelham in 1999. Records show an extensive history of mental illness and a traumatic childhood.
A man convicted of killing his coworkers over rumors about his sexuality is about to become the 2nd man in Alabama to be executed with nitrogen gas, a method that one witness described as “horrific.”
Alan Eugene Miller, 59, is set to be executed Thursday in the Aug. 5, 1999, murder of his current and former coworkers in 2 back-to-back attacks. Killed were: Terry Jarvis, Lee Holdbrooks and Christopher Yancy.
The attacks happened at Post Airgas, a welding supply store, and Ferguson Enterprises, both in the suburban Birmingham city of Pelham. Miller killed the men because he believed Jarvis told Holdbrooks and Yancy that Miller was gay, according to court documents obtained by USA TODAY.
Despite a forensic psychiatrist testifying that Miller was “mentally ill at the time of the offenses,” the court sentenced him to death..
If Miller’s gassing moves forward he’ll be the 4th inmate executed in Alabama in 2024 and the 18th in the nation. His execution comes on the same day as Oklahoma plans to execute Emmanuel Littlejohn despite a clemency board’s recommendation that his life be spared over questions of his guilt.
Miller and Littlejohn are among five inmates the U.S. is executing in a 6-day period between Sept. 20 and 26, including Marcellus Williams, who was executed by Missouri on Tuesday despite strong doubts about his guilt.
As Miller nears his execution day, USA TODAY is looking back at his life, how he ended up on death row, and what to expect from the nitrogen gas method.
What did Alan Eugene Miller do?
On the morning of Aug. 5, 1999, Johnny Cobb opened the front door at Ferguson Enterprises to the sound of loud noises, screaming and the sight of Miller walking toward him with a pistol, according to court documents. “I’m tired of people starting rumors on me,” Miller told him.
Miller told Cobb to get out of his way, walked to his truck and drove away. Inside, 32-year-old Yancy and 28-year-old Holdbrooks were bleeding out from multiple gunshot wounds.
As Pelham police investigated the crime scene at Ferguson Enterprises, Miller was walking into his former workplace, Post Airgas, where coworkers Terry Jarvis and Andy Adderhold had just arrived, court records say.
Miller approached the sales counter and called out to Jarvis by saying: “Hey, I hear you’ve been spreading rumors about me,” court records say. Jarvis replied that he had not, and that’s when Miller shot him several times as Adderhold took cover behind the counter, court records say.
After shooting Jarvis, Miller pointed the gun at Adderhold’s face as he begged for his life, records say. Miller spared Adderhold’s life and told him to “get out right now” as the 39-year-old Jarvis was dying, according to the records.
Pelham police arrested Miller after finding him driving in his truck the same day. Once Miller was handcuffed, officers say they found a Glock lying on the driver’s seat and an empty ammunition magazine on the passenger seat.
A jury later found Miller guilty of shooting Holdbrooks 6 times, Jarvis 5 times and Yancy 3 times.
During Miller’s sentencing hearing a forensic psychiatrist named Charles Scott determined that Miller was “mentally ill” at the time of the murders, court documents say.
“In Dr. Scott’s opinion, Miller suffered from a delusional disorder that substantially impaired his rational ability,” according to the court document. “This delusional disorder – coupled with Miller’s history as a loner – resulted in Miller’s believing the people he worked with talked about him and that they had spread rumors about him. Miller believed that Terry Jarvis had told other employees at Post Airgas that Miller was a homosexual.”
Despite declaring Miller mentally ill, Scott said his condition did not meet the level of mania necessary to establish an insanity defense under Alabama law.
Who was Alan Eugene Miller before the murders?
Born on Jan. 20, 1965, Miller grew up with an extensive history of mental illness in his family, tracing back at least four generations, according to a federal appeals document filed in January 2013. While Miller had a close family dynamic with his mother Barbara, brother Richard, and half-sister Cheryl Ellison, records say his father’s drug use led to physical and psychological abuse.
At a young age, Miller’s family was constantly moving, he experienced “severe poverty,” and when his parents divorced, his mother and siblings spent years on welfare and food stamps, records say.
Miller’s mother remarried his father for financial reasons but court records say he struggled to hold a job, frequently thinking people were plotting against him or finding reasons to get angry with coworkers.
Barbara Miller described the homes that her family lived in as “junky, rat-infested, roach-infested, just falling in,” records say.
As a boy, Miller attended 7 or 8 different schools, sometimes even switching in the middle of the year. He had very few friends, and other children constantly made fun of Miller, calling him names because they could tell he was poor from his clothing, records say.
Before the murders, Miller had a “nonviolent nature” and a “good employment history,” according to his attorney.man.
Alan Eugene Miller’s execution represents a ‘moral apocalypse’
Miller is scheduled to become the second death row inmate to be executed using nitrogen gas in Alabama. The 1st was in January with the execution of 58-year-old Kenneth Smith, who “appeared to convulse and shake vigorously for about 4 minutes” after the nitrogen gas began flowing, according to reporter Marty Roney, who witnessed the execution for the Montgomery Advertiser, part of the USA TODAY Network.
The Rev. Jeff Hood, a spiritual advisor who has witnessed more than a half dozen executions, was at Smith’s and described it as being by far “the most violent.”
“We’re talking about minutes and minutes of thrashing and spitting,” Hood told USA TODAY. “His head going up and down (and) back and forth. The (expletive) gurney that’s bolted to the floor started shaking.”
Miller, who survived a 2022 lethal injection attempt, weighs around 400 pounds and is what Hood called a “shell of a human being.”
“You’ve a got a situation where you’re going to strap a 400-pound man to a gurney, suffocate him to death and expect that to go well,” the reverend said, adding that this type of execution brings society closer to a “moral apocalypse.”
Attempt to prevent execution dismissed by federal judge
Miller’s attorneys asked a federal judge for a preliminary injunction in March to stop the upcoming execution, arguing that it violates the inmate’s right to be free from cruel and unusual punishment.
“Alabama is evidently unable to carry out a nitrogen hypoxia execution without cruelly super-adding pain and disgrace, and prolonging death,” a federal complaint filed by Miller’s attorneys says.
The attorneys also said Miller is obese, has asthmatic bronchitis, and receives a diabetic food tray where he’s housed at Holman Correctional Facility, according to the complaint.
The judge dismissed the request.
(source: usatoday.com)
KENTUCKY:
Kentucky sheriff charged with fatally shooting a judge pleads not guilty in 1st court appearance
Clad in a drab gray jail uniform, a Kentucky sheriff displayed no emotion at his 1st court hearing Wednesday since being accused of walking into a judge’s chambers and fatally shooting him — a tragedy that shocked and saddened their tight-knit Appalachian county.
Letcher County Sheriff Shawn “Mickey” Stines, 43, pleaded not guilty to murder and answered questions about his personal finances as a judge pondered whether he needed a public defender to represent him.
Stines, who is being held in another Kentucky county, appeared by video for the hearing before a special judge, who is standing in for the judge who was killed, Letcher County District Judge Kevin Mullins.
The sheriff stood alongside a jailer and a public defender, who entered the not guilty plea on his behalf. Stines’ expression didn’t seem to change as he answered questions from the judge.
The special judge, Carter County District Judge H. Rupert Wilhoit III, conducted the hearing from his courtroom in northeastern Kentucky. There was no discussion of a bond during the hearing.
If convicted, Stines could serve from 20 years to life in prison. Since he’s accused of killing a public official, the sheriff also could potentially face the death penalty.
The Lexington Herald-Leader reported that when it asked whether prosecutors plan to pursue the death penalty, special prosecutor Jackie Steele said: “Any decisions regarding the death penalty will be done at a later date when all the evidence has been processed and the case has had a thorough evaluation.”
It was the 1st time the sheriff was seen in public since the shooting, which sent shockwaves through the small town of Whitesburg near the Virginia border.
The preliminary investigation indicates Stines shot Mullins multiple times on Sept. 19 following an argument in the courthouse, according to Kentucky State Police. Mullins, 54, who held the judgeship since 2009, died at the scene, and Stines, 43, surrendered minutes later without incident. He was charged with 1 count of 1st-degree murder.
Police have not offered any details about a possible motive.
The Kentucky attorney general’s office is collaborating with the special prosecutor in the case.
Much of the hearing Wednesday revolved around Stines’ ability to pay for his own attorney.
Josh Miller, the public defender who appeared alongside Stines, said the sheriff could incur significant costs defending himself and will soon lose his job as sheriff, which Stines said pays about $115,000 annually.
Kentucky Gov. Andy Beshear wants to hasten the sheriff’s resignation.
(source: Associated Press)
WISCONSIN:
‘Barbaric, inequitable, unjust’: Wisconsin was the first state to abolish the death penalty for all crimes after just 1 execution
Missouri executed a 55-year-old Black man on death row Tuesday even after a prosecutor in the case and the family of the victim said his life should be spared.
Marcellus “Khaliifah” Williams was convicted in the 1998 killing of a former newspaper reporter, Lisha Gayle. He always maintained his innocence.
Gayle was killed in her St. Louis suburban home during a burglary. She was stabbed 43 times with a kitchen knife taken from the couple’s home.
Murder victim and former St. Louis Post-Dispatch reporter Lisha Gayle in 1978. Marcellus Williams was convicted of her killing and executed on Sept. 24, 2024, in Missouri.
No DNA ever connected Williams to the crime scene. In recent months, a prosecutor in the case said the execution should have been called off, and in a clemency petition, Gayle’s family said that they “define closure as Marcellus being allowed to live.”
“Marcellus’ execution is not necessary,” they said.
Even so, Republican Missouri Gov. Mike Parson and the Missouri Supreme Court denied Williams clemency on Monday.
And on Tuesday with less than an hour before the execution, the U.S. Supreme Court declined to stop it, though the court’s 3 liberal justices said they would have granted Williams a stay. The high court offered no explanation for the decision.
Williams was executed by lethal injection at 6:10 p.m. Tuesday. His son, Marcellus Williams Jr., told KSDK-TV: “This is a murder.”
Missouri Death Row Inmate Marcellus Williams, was executed by lethal injection on Sept. 24, 2024, in the 1998 stabbing death of Lisha Gayle, a former reporter for the St. Louis Post-Dispatch
Currently, 21 states have capital punishment or the death penalty. Public polling suggests that the majority of U.S. adults support the death penalty for people convicted of murder.
Those opposed to the government executing people have concerns over how the death penalty is administered and are skeptical about whether it deters people committing serious crimes.
The American Civil Liberties Union considers thepractice “barbaric, inequitable, and unjust.”
Wisconsin was the 1st state to abolish the death penalty for all crimes. Here’s what to know about the history of capital punishment in Wisconsin and more.
Does Wisconsin have the death penalty?
No. Wisconsin abolished the death penalty in 1853 after just 1 execution.
John McCaffrey of Kenosha was hanged after being convicted of killing his wife in 1850 in Kenosha.
What led to the end of the death penalty in Wisconsin?
The public reaction to McCaffrey’s execution contributed to the success of a movement to end the death penalty in Wisconsin less than 2 years after his death — making the state the 1st to permanently abolish the death penalty for all crimes, according to the Death Penalty Information Center.
Christopher Latham Sholes, the Kenosha Telegraph’s editor and a politician, personally witnessed McCaffrey’s execution. He “stayed at the forefront of the struggle” to end capital punishment in Wisconsin, the Wisconsin Magazine of History says.
In January 1852, Sholes was elected to the state Assembly, where in March 1853, lawmakers passed a bill abolishing the death penalty. The state Senate passed the bill in July 1853 and, that same month, Gov. Leonard Farwell signed it, bringing an end to the death penalty in Wisconsin.
Rhode Island temporarily ended the death penalty in 1852, but later reinstated it, and Michigan abolished the death penalty for all crimes except treason in 1847, according to the Death Penalty Information Center.
Has there been efforts to reinstate the death penalty in Wisconsin?
There have been several efforts to bring back the death penalty in Wisconsin, including when the details of Milwaukee serial killer Jeffrey Dahmer’s crimes became known to the public. More than 20 bills for reinstatement were introduced by state lawmakers between 1991 and 1996, but none of them made it out of legislative committees.
In 2006, an advisory referendum showed 56% of Wisconsin voters were in favor of reinstating the death penalty. The state Legislature did not implement the popular vote. In 2013, a Marquette Law School poll showed 47% of Wisconsin voters supported reinstating the death penalty, while 51% opposed.
What states have the death penalty?
21 states still have the death penalty as a means of punishment for crimes. They are Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oklahoma, South Carolina, South Dakota, Texas, Utah and Wyoming.
Another 6 states have the death penalty, but no executions are taking place because the governor has prohibited them by executive order or the attorney general has temporarily halted them, including: Arizona, California, Ohio, Oregon, Pennsylvania and Tennessee.
The U.S. government can also propose the death penalty for some federal crimes, including murder, treason and espionage. Also, U.S. military court has 15 offenses that can be punishable by death.
How often are people executed?
At more than 1,590 executions in the past 5 decades, the U.S. is a rarity among developed nations when it comes to the ultimate punishment, with more than 70% of nations globally having banned the practice, according to the Death Penalty Information Center.
In 2020, for instance, only 5 other countries executed more of its citizens than the U.S.: China, Iran, Egypt, Iraq and Saudi Arabia, according to the center. Globally in 2023, the number of people put to death jumped by 30%, making it the deadliest year in nearly a decade, according to a report released Tuesday by Amnesty International.
Williams was the 15th person to die by the death penalty in the U.S. in 2024. 24 people were executed for their crimes in 2023.
What are the means of execution?
Lethal injection has become the preferred method of carrying out executions but historically, hanging, firing squad, lethal gas and electrocution have been used.
5 states still use a firing squad if no lethal injection drugs are available, including Mississippi, Oklahoma, Utah, South Carolina and Idaho, which reinstated firing squads last year. The last prisoner to be killed by firing squad happened in Utah in 2010.
What states don’t have the death penalty?
23 states have abolished the death penalty. They are Alaska, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, Vermont, Virginia, Washington, West Virginia and Wisconsin.
As an alternative to capital punishment, many states have mandatory life sentences for certain serious crimes. In Wisconsin, Class A felonies carry a life sentence, including 1st-degree intentional homicide.
(source: Milwaukee Journal Sentinel)
MISSOURI:
What if Missouri got it wrong and executed an innocent man? Abolish the death penalty
What if we got it wrong?
On Tuesday, Missouri executed Marcellus “Khaliifah” Williams by lethal injection. Minutes before Williams was executed, I happened to stop at a protest held for him near Troost Avenue and 39th Street in Kansas City. It was by chance, as I was headed to another assignment.
But a sign held by someone in attendance caught my attention. It read: “What if we got it wrong?” After reading that, I felt compelled to pull over and park a half block away.
As I walked to the scene, I could sense the overwhelming amount of sadness surrounding this gathering.
For about an half hour, I stood in solidarity with those who were there.
The death penalty is draconian and should end here in Missouri.
Last year, at least 29 states had “either abolished the death penalty or paused executions by executive action,” according to the Death Penalty Information Center, or DPIC. Missouri isn’t among them, a very disheartening reality that state lawmakers must address.
After Williams’ mind-numbing execution, the Show-Me state should be the next to end this barbaric act.
Taking someone’s life under the guise of justice is inhumane. It certainly doesn’t deter crime.
WHAT IF WE GOT IT WRONG?
In 2001, Williams was convicted of 1st-degree murder in the 1998 death of former reporter Felicia Gayle of St. Louis. He was sentenced to death. Before he died, Williams, 55, spent more than 2 decades on death row.
What if we got it wrong?
In this case, an argument could be made that we did. Despite serious doubts about Williams’ guilt — his attorneys contend DNA evidence recovered from the scene excluded Williams as the killer — Missouri still sanctioned his death.
What if we got it wrong?
In this country, executing innocent prisoners isn’t unheard of. Since 1973, at least 196 people sentenced to death in the U.S. have been exonerated, according to the DPIC’s innocence database.
Others weren’t as fortunate. For every 8 prisoners put to death in America, 1 has been exonerated, the DPIC found.
After Williams’ death 100 people have now been executed in this state, the 5th most in the nation, DPIC data shows.
Another reason to abolish the death penalty here: 4 other Missouri prisoners were exonerated from death row, according to DPIC.
Most Americans — a record high 50% — believe the death penalty is applied unfairly, a 2023 Gallup poll found. The same year, support for the death penalty was at its lowest point in 5 years, Gallup reported.
But Black men like Williams accused of killing a white person such as Gayle were more likely than not to face the death penalty, according to DPIC.
“The lives of black Missourians are valued less in Missouri,” the Missouri State Conference of the NAACP’s Nimrod Chapel said late Tuesday. The veracity of Williams’ 1st-degree murder conviction was challenged in court. Even St. Louis County Prosecuting Attorney Wesley Bell fought to absolve Williams of the crime and entered a plea agreement that would have spared the condemned man’s life.
But those efforts proved to be in vain.
In a statement, Bell wrote: “There were multiple points in the timeline when decisions could have been made that would have spared him the death penalty. If there is even the shadow of a doubt of innocence, the death penalty should never be an option. This outcome did not serve the interests of justice.”
Missouri Gov. Mike Parson had the power to stop this merciless killing but didn’t. As did the Missouri and United States Supreme courts. None of us should be surprised either failed to move to right this grave injustice.
Last year, Missouri was 1 of 5 states in the country that carried out executions. 4 people — Amber McLaughlin, Michael Tisius, Johnny Johnson and Leonard “Raheem” Taylor, who maintained that he was innocent, died by lethal injection in 2023.
This year, in addition to Williams, Brian Dorsey and David Hosier died by lethal injection. On Dec. 3, Missouri is scheduled to execute Christopher Collings.
PROSECUTOR’S STATEMENT
In a statement, Parson wrote that no jury or judge ever found Williams’ claims of innocence credible. But Bell, a duly-elected prosecutor, did.
“2 decades of judicial proceedings and more than 15 judicial hearings upheld his guilty conviction, thus, the order of execution has been carried out,” Parson wrote. In a statement released prior to Williams’ death, one of his attorneys, Tricia Rojo Bushnell of the Midwest Innocence Project, described this act as a “grotesque exercise of state power,” she wrote. “Tonight, Missouri will execute an innocent man, Marcellus ‘Khaliifah’ Williams,” Bushnell wrote.
“The victim’s family opposes his execution. Jurors, who originally sentenced him to death, now oppose his execution. The prosecutor’s office that convicted and sentenced him to death has now admitted they were wrong and zealously fought to undo the conviction and save Mr. Williams’ life. More than one million concerned citizens and faith leaders implored Governor Parson to commute Marcellus’s death sentence. Missouri will kill him anyway.
“That is not justice. And we must all question any system that would allow this to occur. The execution of an innocent person is the most extreme manifestation of Missouri’s obsession with ‘finality’ over truth, justice, and humanity, at any cost.”
In this case, the question we must ask ourselves for a very long time: What if we got it wrong?
(source: Opinion, Toriano Porter; Kansas City Star)
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The Death Of Marcellus Williams Proves Justice In America Is A Myth—-Despite overwhelming evidence of his innocence, Williams was executed, showcasing the deep flaws and racial bias embedded within America’s justice system.
In an attempt to reach at-risk youth in Washington, D.C., the metropolitan police department created a go-go band. It was an extension of the wildly popular Officer Friendly initiative in which officers come to schools or youth centers and play the sounds of the city. They were called the Side by Side band and surprisingly, they weren’t bad.
I remember coming home after their performance and telling my dad about what I’d witnessed and how they even had a conga player, which has always been one of the most popular positions in a go-go band. I noted that the members of the band even hung around to talk to us.
I will never forget my father’s laugh at the whole story. He couldn’t believe that the police department had a go-go band or that they were playing in schools or that they were even remotely talented enough to perform listenable music.
I will also never forget what he said after he was done chuckling: “Let’s see how nice the cops in the Side by Side band are once you get pulled over for speeding.”
I just knew Marcellus Williams wasn’t going to die.
Knowing that politicians are nothing if not theatrical, I assumed that in the 11th hour with just minutes to go they were going to stay the execution of Williams shortly after the tension had reached its crescendo.
Since 1998, Williams had maintained his innocence in the killing of Felicia Gayle, a former reporter for the St. Louis Post-Dispatch, who was found brutally murdered inside her home in a St. Louis suburb.
Williams was convicted in 2001, his execution halted twice.
“First, in 2015, the Missouri Supreme Court halted execution plans and appointed a special master to review DNA testing on the handle of the murder weapon, the butcher knife that was used to stab Gayle 43 times and was left lodged in her neck,” CBS News reported.
And then again in August 2017, when then-Gov. Eric Greitens stopped the proceedings just hours before Williams was set to be executed. Greitens created a “panel of five retired judges to investigate the DNA evidence.” For six years, the panel combed through the findings until current Gov. Michael Parson put an end to their work.
Parson didn’t just stop the panel – because the work was incomplete the judges were never able to issue a final report. But Parson didn’t just revoke the board, he started the clock back up on Williams’ execution. See, the execution had been halted while the panel was at work, but as soon as that stopped, so did Williams’ chances at survival.
“This Board was established nearly six years ago, and it is time to move forward,” Parson said last year, according to CNN. “We could stall and delay for another six years, deferring justice, leaving a victim’s family in limbo, and solving nothing. This administration won’t do that.”
But things kept changing in the case. Testimony was recanted or found to be untrue. DNA evidence was inconclusive. And two witnesses might’ve just made up their stories for the reward money.
“There is no physical or forensic evidence linking Williams to the crime scene,” MSNBC reported. “Fingerprints taken at the crime scene were inexplicably destroyed. Neither bloodied footprints nor hair at the crime scene could be linked to Williams. The evidence against him is the testimony of two eyewitnesses — a jailhouse informant and Williams’ former girlfriend. His attorneys argue that both implicated Williams because they wanted to claim a $10,000 reward.”
And none of that moved the needle for those who wanted Williams dead. I’m glad that Parson mentioned Gayle’s family and the justice they weren’t receiving as long as Williams was alive.
Because here is the rub: They didn’t want Williams to die. Neither did the prosecutor who argued the case, or some members of the jurors that found him guilty. All of them banded together to try and stop the execution, and none were successful in saving his life.
But a decision was made that didn’t need DNA results, or testimony, or evidence, or a petition signed by some 900,000 people who didn’t want Williams to die. And all of it was ignored. The Missouri Supreme Court and Parson both made the decision to proceed with killing Williams. Even the highest court in the land voted along party lines to continue with Williams’ execution.
And I would love to call it a miscarriage of justice, but truthfully, the American justice system is working just as it’s designed: the police department in tandem with the prosecutors, the judges being lock step with the elected officials. All of it was systematically designed to do exactly what it did. Parson has presided over 11 executions and has never granted clemency. But you know who he did pardon? The white couple who pointed guns at Black Lives Matter protesters.
What I didn’t realize years ago standing in the kitchen of a house I would never see again, is that it takes time to cultivate the level of disdain and cynicism that my father had for the police and this country and those who run it. He wasn’t trying to diminish my enthusiasm for the Side by Side band, he was trying to lessen the blow that he knew was coming once I got older: that the police, no matter how much they emulate familiar sounds, are not familiar people. They aren’t your friends. It’s a weird position to be both Black and a parent and try to make sense of the nonsensical, while trying not to diminish the joys of childhood and simultaneously wrestling with the terrors of reality.
This feels like the beginning of my villain era.
I feel stupid and ashamed of what we are becoming.
But the one feeling I can’t shake is the shame and embarrassment for even thinking that the truth would be enough to save a man’s life.
(source: Stephen A. Crockett Jr; Opinion Editor, Huffington Post)
******************
Missouri Kills Marcellus Williams Over Objections From Prosecutor and Victim’s Family—-Attorney General Andrew Bailey scuttled a deal that would have spared Williams’s life, and the courts and governor failed to intervene to stop the execution.
After a string of courts failed to intervene and the state’s governor declined to offer clemency, Missouri prison officials executed Marcellus “Khaliifah” Williams on Tuesday evening for a 1998 murder he said he did not commit.
The state-sanctioned killing was not supported by the family of the victim, former newspaper reporter Felicia Anne Gayle Picus, who was stabbed to death in her suburban St. Louis home. In August, Picus’s husband Dan told court officials and representatives of state Attorney General Andrew Bailey’s office that while he believed Williams was guilty, he did not want to see Williams executed.
It was Bailey’s actions that cleared the way for Williams’s execution. In mid-August, a St. Louis County Circuit Court judge approved a deal between Williams and the county’s prosecuting attorney, Wesley Bell, that would have resentenced Williams to life in prison. Bailey scoffed at the deal and intervened to stop it.
On Monday evening, Gov. Mike Parson declined to offer Williams clemency, and, over the dissent from the court’s three more liberal justices, on Tuesday afternoon the U.S. Supreme Court declined to step in.
Missouri’s execution of Williams puts the U.S. one step closer to a grim milestone: With 4 states slated to conduct four executions by the end of this week, the country will soon reach its 1,600th execution since the death penalty was reinstated in 1976. While public support for capital punishment continues to decline and juries are voting far less to impose capital punishment, officials in states like Missouri, Texas, and Oklahoma continue to schedule executions — including in cases like Williams, where questions about the underlying conviction and its fairness persist — Democrats scrubbed their long-standing goal of ending capital punishment from their platform this year. To date, 200 people on death row have been exonerated: a rate of 1 exoneration for every 8 executions carried out.
In the days leading up to Williams’s execution, more than 1 million people contacted Parson’s office asking that he spare Williams’s life, and billionaire abolitionist Richard Branson took out a full-page ad in the Kansas City Star asking readers to do the same. In denying to offer clemency, Parson criticized the media as biased and said that nothing from the “real facts” of the case lead him to believe Williams was innocent.
Rage at the execution bubbled up online Tuesday evening, with Williams’s last statement and pieces of his poetry going viral after he was killed. “All Praise Be To Allah In Every Situation!!!” Williams wrote.
Missouri killed Williams despite lingering questions about the fairness of his 2001 trial. In January, Bell filed a motion seeking to vacate Williams’s conviction, saying that the paucity of evidence against Williams had “cast inexorable doubt” on the case.
Among the issues that Bell has cited was the handling of the murder weapon without protective gloves by the prosecutor who tried the case, which tainted the evidence and made it impossible to extract from it any potential DNA left by the killer. None of the crime scene evidence linked Williams to the killing. The prosecutor’s contamination of the evidence unconstitutionally deprived Williams of a fair trial, Bell argued.
During an evidentiary hearing in August, that now-retired prosecutor, Keith Larner, admitted to handling the weapon barehanded on at least five occasions before the trial, which he said was his normal practice. Larner said he thought it was acceptable to do so because he had decided, based on an investigator’s assertion, that whoever killed Picus had worn gloves during the attack. There is no evidence in the case to confirm this suspicion.
Bell also pointed to Larner’s striking of potential jurors at least in part because they were Black. Using race as a basis to strike jurors is unconstitutional, the U.S. Supreme Court has repeatedly said. Court records reveal that Larner struck 6 of the 7 Black potential jurors from service. In explaining his decision to strike one of them, Larner testified last month that he did so because the man and Williams “looked like brothers, like familial brothers, not like Black people.”
At every step of the way, Bailey has intervened to argue that the conviction was righteous, that Larner had done nothing wrong, and that Williams should be executed. Williams’s ordeal is just the latest in a string of cases where Bailey has deployed the power of his office to defeat claims of wrongful conviction and even to keep court-exonerated people locked in prison.
Despite Bell’s concession that constitutional error had rendered Williams’s conviction unreliable, and despite Dan Picus’s desire that the state not go through with its plans, Bailey has insisted that his actions represent justice and that Williams and his lawyers have been on a crusade to mislead the public and free a murderer. “The public has been deceived every step of the way,” the attorney general said in an August press release. “That is why the truth of this matter must get out.”
On September 12, Circuit Court Judge Bruce Hilton ruled that there was no legal reason to vacate Williams’s conviction.
In a flurry of subsequent legal action, lawyers working with the Midwest Innocence Project, which represents Williams, along with attorneys representing Bell sought relief in a series of other courts, including the federal district court, the 8th U.S. Circuit Court of Appeals, and the Missouri Supreme Court, to no avail.
Although the federal appeals court denied Williams’s attempts to appeal a lower court decision based on procedural rules, Judge Jane Kelly wrote a concurring opinion, expressing concern that the underlying issues in the case “call into question the fundamental fairness of Williams’ proceedings.”
“The hardest thing to explain, and what we cannot understand, is how rote application of a process to protect finality outweighs finding truth and achieving fairness.”
In a statement after Williams’s execution, attorney Larry Komp, with the Office of the Federal Public Defender in Kansas City, which also represented Williams, highlighted the ways the system failed to address serious issues raised in his case.
“It is hard to explain how admitted racial discrimination is ignored and never meaningfully addressed. It is hard to explain how a prosecutor can admit that he contaminated evidence his entire legal career … but nothing is done,” Komp said. “The hardest thing to explain, and what we cannot understand, is how rote application of a process to protect finality outweighs finding truth and achieving fairness.”
(source: Jordan Smith, theintercept.com)
*********************
Marcellus Williams execution draws fresh backlash to death penalty—-After Missouri executed Williams, who for years maintained he was innocent, the NAACP president said the state “lynched another innocent Black man.”
Critics of the death penalty are speaking out a day after Missouri executed Marcellus Williams, who for years maintained he was innocent in the 1998 killing of a former reporter, a case that has drawn attention across the country.
Some, including Rep. Cori Bush (D-Mo.), criticized the execution as an “injustice” and called for the abolition of the death penalty. NAACP President Derrick Johnson said the state had “lynched another innocent Black man.”
Others defended the execution, saying there was not sufficient evidence to prove Williams’s innocence and the case needed to come to an end.
Before the lethal injection that killed Williams, Missouri Gov. Mike Parson (R) said he hoped the execution would bring closure to the case.
“No juror nor judge has ever found Williams’ innocence claim to be credible,” said Parson, who declined to intervene in the execution, in a statement.
Williams was convicted in 2001 of killing Felicia “Lisha” Gayle, a former reporter for the St. Louis Post-Dispatch. The conviction came despite the fact that forensic evidence at the crime scene did not match Williams’s DNA. His current attorneys said his conviction was also built upon testimony from two unreliable witnesses who had incentives to blame Williams.
The state Supreme Court in 2015 spared Williams from execution, and then-Gov. Eric Greitens (R) granted Williams a reprieve in 2017. Greitens, persuaded by arguments that new DNA testing might exonerate Williams, appointed a board of inquiry to investigate further. After taking office, Parson disbanded the board before it could issue a final report.
Efforts by St. Louis County Prosecutor Wesley Bell (D) to spare Williams from the death penalty and allow him to accept a plea deal that would result in a life sentence were opposed by the state attorney general’s office. Bell’s office conducted an independent review of the case and earlier this year sought to have Williams’s conviction set aside.
The legal back-and-forth came to a head Monday when the state Supreme Court rejected Williams’s request to pause his execution so a lower court could determine whether prosecutors wrongly excluded Black potential jurors at his criminal trial. Parson also declined to grant Williams’s clemency request.
The case has become a political flash point in a state where top leaders have recently fought against freeing wrongfully convicted inmates in separate cases.
Missouri Attorney General Andrew Bailey (R), whose office did not immediately respond to a request for comment Wednesday, appealed a state Supreme Court ruling that would have freed Christopher Dunn in July after he was exonerated. That came weeks after Bailey again sought to appeal an overturned conviction of Sandra Hemme from the state’s top court. Both Hemme and Dunn eventually walked free after the last-minute appeals.
Parson, for his part, has previously granted hundreds of pardons, causing the Restoration of Rights Project to newly label the Republican-controlled state as one of 17 that grant frequent pardons. But Parson said Williams “exhausted due process” and that he supported the death penalty in this case.
The execution occurred despite the objections of the victim’s family and Bell, whose office originally convicted Williams.
Bell said on X that Williams should still be alive.
“If there is even the shadow of a doubt of innocence the death penalty should never be an option,” wrote Bell, who is the Democratic nominee in Missouri’s 1st U.S. House district after defeating Bush, the incumbent, in a primary last month.
Williams’s execution also renewed calls from some progressives to abolish the death penalty, including from Reps. Ilhan Omar (D-Minn.) and Alexandria Ocasio-Cortez (D-N.Y.).
“The death penalty is flawed, racist, and unjust,” Omar wrote. “It has no place in America or anywhere else in the world. Abolish it.”
A majority of Americans — 55 % — find the death penalty morally acceptable, according to a Gallup poll from May, down from a high of 80 % in the mid 1990s. In a poll from last year, Gallup found a record-low 47 percent of Americans think the death penalty is fairly applied.
An unusual number of death row inmates were scheduled to be put to death in the span of this week, according to the Death Penalty Information Center, a nonprofit that does not take a position on the death penalty but is critical of issues in its application. Along with Williams, 2 others — Freddie Owens in South Carolina and Travis James Mullis in Texas — were put to death since Friday. Two more people are scheduled to be executed on Thursday.
Former president Donald Trump has pledged to increase executions if elected. Vice President Kamala Harris has long opposed the death penalty, but in a shift, the Democratic Party this year dropped abolishing the death penalty from its platform.
In 2016, Democrats for the 1st time since the modern death penalty was reinstated in 1976, called for total abolition, saying the practice was “arbitrary and unjust.” The party reiterated the position in 2020. At the outset of the Democratic National Convention in August, Democrats approved their 2024 party platform. Among the more than 41,000 words in this year’s platform, neither the death penalty — nor its abolition — was mentioned.
(source: The Washington Post)
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Dispatch From Missouri: Mourners Decry Execution of Marcellus Williams—-Bearing witness to Missouri’s latest state-sponsored killing, mourners spoke out at a vigil outside the execution room.
The State of Missouri put its lethal hands on another of its longtime death penalty captives on Tuesday evening in Bonne Terre, prematurely ending his life with a poison injection of pentobarbital.
The state-sponsored killing of Marcellus Williams took place at the Eastern Reception, Diagnostic and Correctional Center, the same prison where the state executed Brian Dorsey in April and David Hosier in June. Williams adopted the name Khaliifah ibn Rayford Daniels after converting to Islam, and is widely known as Khaliifah.
Missouri has normalized this terrible culling of its prison population, granting itself license to kill in all four seasons. The next execution is already slated for December 3, and if the tragedy on Tuesday offers any paramount lesson, it’s that in 2024, under Gov. Mike Parson’s theory of governance, the schedule sets the pace of destruction of human life. No matter how compelling, important or warranted, requests for deviations from the schedule are unwelcome, and will be treated as hostile communiqués from potentially rebellious subjects.
Pronounced dead at 6:10 pm local time, Khaliifah was a 55-year-old Black man born in Logansport, Indiana – a father, a grandfather, and a man who found both poetry and Islam inside prison walls. Khaliifah became an imam serving Muslims in Potosi Correctional Center, where he lived for 24 years. He was represented by the Midwest Innocence Project, a specialty law practice that works to secure exonerations of wrongfully convicted individuals based on forensic DNA evidence. Khaliifah’s lawyers’ once-promising case unexpectedly went south last month when members of the original prosecutorial team admitted in court to handling the murder weapon multiple times without gloves during his 2001 trial, tainting the evidence that might have set him free.
Whoever did attack Felicia Gayle Picus, a respected social worker and St. Louis Post Dispatch journalist slain in her own home in 1998, is and has been infinitely harder to identify as a result.
Nimrod Chapel Jr., president of Missouri NAACP, and board chair of Missourians to Abolish the Death Penalty, said as much during a #FreeKhaliifah Telethon on September 17:
“Surely, it’s as if they threw the knife in a furnace.”
“Governor Mike Parson demonstrated how the death penalty is wielded without regard for innocence, compassion, equity, or humanity. He showed us how the standard of ‘beyond a reasonable doubt’ can be applied selectively.”
A moment later, he extended his thought, saying, “We’ve got these Jim Crow politicians in the state of Missouri that still think the only place for a Black person is at the end of a knife.”
Acknowledging the gravity of their predecessor’s many mishaps from the original trial, the current St. Louis County prosecutor offered an Alford Plea — Khaliifah would change his original “not guilty” plea to “no contest” in exchange for life without parole, a move he reluctantly accepted last month as a last-ditch act of self-preservation. But even those crumbs, a bitter substitute for exoneration and liberty, were brushed off the table when lawyers from Missouri Attorney General Andrew Bailey’s office intervened to undo the arrangement.
All other legal routes for relief from state and federal courts were foreclosed: an hour before the scheduled execution day, the U.S. Supreme Court refused his case and declined a motion to stay. On Monday, September 23, the governor addressed the clemency application that had been sitting on his desk since September 6, a packet that included multiple juror statements urging the governor to consider evidence they wished they’d known about in 2001. His lawyers emphasized Khaliifah’s spiritual commitments and impact:
As a deeply faithful man whose spirituality informs every facet of his life, he has been chosen by his peers as their religious leader. He has dedicated himself to the tenets of his religion and to living a pious life.
Even during this time of personal challenges as his execution date approaches, Marcellus devotes each day to providing spiritual guidance and stability to the other prisoners in Potosi Correctional Center. To these men, many of whom have challenging existences, Marcellus is a beacon. If his light is extinguished, the prison will lose a guiding force. The story of Marcellus’ life calls for mercy — it is what justice requires.
These pleas failed to move Parson, who rejected the clemency application, and with it, Khaliifah’s last chance to live in the present tense. Khaliifah was the 11th Missourian executed on Parson’s watch since he took office in 2018, and the 100th since 1989.
Mercifully, he did not die alone as a number or a statistic. His imam was by his side, and his son, Marcellus Williams Jr., who was allowed into an adjacent room with a large window into the execution chamber, held his father’s loving gaze until the light faded from his gentle eyes.
“Who has so deeply wounded the state of Missouri that it has a blood thirst like this?”
When Khaliifah’s son emerged from the prison in Bonne Terre, he joined 94 moral witnesses who had gathered in vigil. He told those who asked that his father “had been in a good head space” and that they had expressed warmth and love to each other in his father’s last moments. He told Truthout, “My dad was an intelligent man, a beautiful man, and I loved him. His last wishes for me were to move forward in a positive space. So that’s what I’m doing.”
Khaliifah is survived by his poetry as well as his loved ones. In one poem about the climate crisis, titled “The Net Zero/Morality Equation,” he wrote:
Indeed corruption does appear upon the land and sea
– as a direct result of what hands have done clearly
now a question is asked and put quite simply:
is it possible to return to a state of emission free?
Linguistics scholar and poet Alysia Nicole Harris lifted up Khaliifah’s poetry on the day of his death by publishing a piece called “Grieving a Murder,” which offered a close reading of “The Net Zero/Morality Equation.”
“Out of Khaliifah’s practiced and intentional curation of words emerges a hidden subtext,” Harris wrote. “We read about environmental contamination on the poem’s surface, but the conditions under which the poem was written percolate to the surface. The poet writing about climate crisis is someone the state wrongfully and willfully intends to execute today.”
Kamau Franklin of Community Movement Builders, a Black member-based collective at the forefront of the Stop Cop City struggle in Atlanta, called for steadfastness through the pain, telling Truthout, “Our movement must grow, even if the worst takes place. A movement has to withstand losses (as terrible as those are) to remain a movement.”
Franklin emphasized the need to stay rooted in a politics that challenges empire here and abroad.
“Our movement must grow to challenge the power of the state. The state has capital, institutions, violence, and narrative control on its side. We only have the people’s power as the basis of our struggle against the state. That is the power that needs to be both built and released to challenge the system. The movement is only as powerful as its ability to move people to action to fight for their interests.”
Khaliifah left the movement a parting gift, he said.
“Khaliifah’s execution is a searing example of how the state of Missouri exercises control over our lives. It shows us they have the power to shape how we live, where we live and how we die,” Franklin added. “This power is ultimately the power a movement must break.”
Between the exertions of Midwest Innocence Project and Missourians to Abolish the Death Penalty, there had been a storm of advocacy ahead of Khaliifah’s execution, some public-facing, some behind the scenes. Awareness of Khaliifah’s ordeal broke through to the national news cycle, receiving widespread coverage by mainstream newspapers and television reporters. Meanwhile The Intercept delved into the legal maneuverings in three separate reports.
In a statement Tuesday, U.S. Rep. Cori Bush articulated the core heartache.
“The deadly decision to execute Williams came despite urgent pleas from Missourians and people all across the country — including from Felicia Gayle’s family — who called for clemency. Governor Mike Parson didn’t just ignore these pleas and end Williams’ life; he demonstrated how the death penalty is wielded without regard for innocence, compassion, equity, or humanity. He showed us how the standard of ‘beyond a reasonable doubt’ can be applied selectively, depending on who stands accused and who stands in power.”
Kalonji Changa, founder of Black Power Media, who has been publicizing and discussing the injustice against Khaliifah on his channel, told Truthout that poor people, especially poor Black people, often talk about state-sanctioned executions as acts of war. In that context, he says, Khaliifah was deemed an “enemy of the state” simply by being Black and Muslim, and was dealt with as a combatant.
“When people in Missouri bear witness to the intentional end of someone’s life at the hands of the state, no matter the logic that they create around that reality, they will be induced with a trauma response.”
“Imagine the terror he faced knowing he had an expiration date from the state,” Changa said. “We have to be clear — the war is a physical war, it’s a mental war, and a spiritual war. We look at it as being systemic.”
Changa was deeply involved in the 2011 fight for Troy Davis in Georgia, another Black man with a strong innocence claim who was nonetheless executed. More recently, he and Joy James interviewed 37-year-old Kevin Johnson 2 weeks before he was executed at the Eastern Reception, Diagnostic and Correctional Center in 2022.
He scoffs at the notion the justice system is broken.
“The justice system is not broken,” he told Truthout. “It’s in full effect, stronger than ever. Because it’s designed to do what it does. And that’s to devour.”
Changa, a grandfather himself, wonders about the future for Khaliifah’s grandson.
“What life does he have coming forward knowing that his grandfather was murdered?” Changa asked.
LJ Punch, the medical director of the Bullet Related Injury Clinic in St. Louis, told Truthout he’s been stunned by the state’s relentlessness to move on this execution.
“I’m witnessing a level of intent from the state that I’ve not witnessed in this way before. I almost can’t fathom how intense of a posture the state is taking,” he said. But at the same time, he’s noticed it leaching into other realms.
“I even see health and social care taking those kinds of postures — hastening people’s deaths and profiting from people’s suffering. My question is: Who has so deeply wounded the state of Missouri that it has a blood thirst like this?”
According to Punch, a former trauma surgeon, the adverse effects from state violence are known to be widespread among the entire community.
“When people in Missouri bear witness to the intentional end of someone’s life at the hands of the state, no matter the logic that they create around that reality, they will be induced with a trauma response,” Punch said.
“I don’t care if you cherish this moment, celebrate this moment, or like so many organizers right now on the front line, are trying to prevent this from happening — you’ll have a trauma response which can do one thing and one thing only, which is breed more trauma, more harm, and create more violence.”
(source: Frances Madeson, truthout.org)
*****************
The state murder of Marcellus Williams and the fight to abolish the death penalty
On Tuesday evening, in its death chamber behind closed doors, the state of Missouri murdered Marcellus “Khaliifah” Williams with an injection of lethal toxins.
The pleas of more than 1 million petition signers for clemency, the outrage of millions more around the world, and clear evidence that he had been wrongfully convicted could not hold back the hands of cold capitalist justice.
6 black-robed fascists on the Supreme Court gave their assent to this crime, rejecting two last minute appeals. And through its silence, the Biden-Harris administration endorsed Williams’ killing. Vice President Kamala Harris defended the death penalty in court when she was Attorney General of California. As it nominated Harris to be its candidate for president last month, the Democratic Party struck nominal opposition to the death penalty from its campaign platform.
There is no doubt that Williams was innocent of the 1998 murder of St. Louis reporter Felicia Gayle. None of the physical evidence—bloody fingerprints, footprints and hairs—tied him to the crime scene. Rather, he was implicated by a former cellmate and an ex-girlfriend who were seeking a $10,000 reward for information leading to a conviction. The jury in his trial never heard evidence that Gayle’s laptop, found in the trunk of his car, was likely planted by the former girlfriend.
Williams maintained his innocence up to his death. His execution was opposed by Gayle’s family, jurors who originally sentenced him to death and the prosecutor’s office which convicted him and had sought to undo the conviction.
The United States is among the handful of countries which still routinely carries out executions, joining the ignominious company of Saudi Arabia, Egypt, Iran and China. So far this year 16 men have been put to death in 8 states. 9 more executions are scheduled for this year, including 3 over the next week.
Since the death penalty was reinstated in 1976 by the Supreme Court, 1,598 people have been executed. As of July 1, 2024 there were 2,213 people on death row, including in federal prison and military detention. Those sentenced to die often languish for decades waiting for their final moments at the hands of the executioners or a last-minute reprieve.
It is certain that Williams is not the only innocent person to have been executed. There have been 200 death row exonerations since 1973, or an average of 4 people each year who have been found to have been wrongfully convicted. Among the most brazen cases of innocents railroaded into prison and wrongfully sentenced to death is Gary Tyler, who was finally released in 2016 after nearly 41 years behind bars.
Nearly 5 million Americans are under some form of judicial supervision, of which two million are languishing in a barbaric network of prisons and jails. Prisoners are subjected to inhumane conditions and abuse, leading to more than 6,000 prisoner deaths in 2020. Children are regularly charged as adults and sentenced to life in prison without parole. And outside the prison walls, police roam the street as an occupying force, killing more than 1,000 people every year and abusing thousands more without any consequence.
After every mass shooting at a school, place of worship or grocery store, President Biden and others routinely intone that there is “no place for violence in America.” However, what he means is that the American state and the ruling class intend to maintain a monopoly on violence aimed at suppressing opposition from the working class—from its genocide in Gaza to the death chambers.
Socialist Equality Party presidential candidate Joseph Kishore noted in response to the execution of Marcellus Williams:
The barbarism of capital punishment reveals the true nature of the American political system. It is a system built on violence, repression and the denial of basic democratic rights. The state’s power to execute its own citizens, often without conclusive evidence or a fair trial, reflects the broader violence of American imperialism, which has killed millions in its pursuit of global hegemony.
The continued existence of the death penalty in the United States is yet another confirmation of the criminality and violence of the capitalist political and economic system, which oozes filth out of every pore.
Trump and the Republicans are building up a fascist movement, focused on a vicious attack on immigrants and refugees. The Democrats are incapable of and opposed to addressing the interests of the broad mass of the population, and are drenched in blood from an escalating global war.
Violence in pursuit of American imperialist interests abroad through war and genocide inevitably finds its expression in the character of class relations within the country.
Polish-German revolutionary Rosa Luxemburg noted more than a century ago in calling for the abolition of capital punishment:
The existing disciplinary system, which is impregnated with brutal class spirit and with capitalist barbarism, should be radically altered. But a complete reform, in harmony with the spirit of socialism, can be based only on a new economic and social order; for both crime and punishment have, in the last analysis, their roots deep in the organization of society.
The fight to abolish the death penalty, to put an end to police killings and to end genocide and war requires a fight against the capitalist system in which this violence is rooted.
(source: Niles Niemuth, wsws.org)
OKLAHOMA—-impending execution
No forgiveness: Family of Oklahoma man gunned down rejects death row inmate’s pleas—-Kenneth Meers of Oklahoma City “simply did not have a mean bone in his body.” Emmanuel Littlejohn, one of two men convicted of killing Meers, is set to be executed Thursday.
Kenneth Meers practically grew up at the Root-N-Scoot convenience store in Oklahoma City. He began working there at the age of 13 and came to love it so much, he and his brother eventually bought it.
To Meers, the Root-N-Scoot was much more than a convenience store. He and the store became an integral part of the community. Meers would buy groceries for people down on their luck out of his own pocket, and every year, he held a Christmas raffle for neighborhood kids.
And then one terrible night in June 1992, the store became the site of his final moments alive.
2 men in came in to rob the store. When Meers charged them with a broom, one of them shot him in the face.
“Kenny, who was 31 at the time of his death, was loving, hard-working, had a good soul, and simply did not have a mean bone in his body,” the Oklahoma Attorney General’s Office said in a filing obtained by USA TODAY.
Now more than 3 decades after the crime, Oklahoma is about to execute Emmanuel Littlejohn for Meers’ murder. Littlejohn has always maintained that while he was one of the two robbers, he was not the shooter – an argument that appeared to sway the state’s parole board, which recommended clemency for him in a rare move.
Littlejohn’s execution remains set for Thursday because Republican Oklahoma Gov. Kevin Stitt would need to approve the recommendation in order for Littlejohn’s life to be spared.
As the execution nears, USA TODAY is looking at who Meers was, more about the crime and how Littlejohn is fighting the ultimate punishment.
What happened to Kenneth Meers?
Emmanuel Littlejohn and Glenn Bethany conspired to rob the Root-N-Scoot in order to pay off debts to a drug supplier, according to the attorney general’s office.
Witnesses differed on who fired the single shot that killed Meers.
Clemency activists for Littlejohn point to witnesses that said the “taller man” was the shooter, referring to Bethany. The state put forward court testimony from the survivors of the robbery who identified Littlejohn as the shooter.
Bethany was convicted of 1st-degree murder and sentenced to life in prison without the possibility of parole in 1993. Littlejohn was convicted of 1st-degree murder and sentenced to death.
Who was Kenneth Meers?
Kenneth Meers was the youngest of 6 children and grew up in southeast Oklahoma City. He loved music, his job, and skiing in Colorado, according to the state’s anti-clemency packet.
His brother Bill Meers, who co-owned the Root-N-Scoot with Kenneth, told the court during Littlejohn’s trial that his brother had grown attached to the store and the community surrounding it.
Their mother, Delores Meers, said in court that Kenneth would regularly support those who had fallen on hard times.
“If there was anybody in really bad need or somebody that he knew needed help, and didn’t say anything to him, he would always buy them groceries,” Delores said in court testimony included in the state’s anti-clemency packet. “I’ve seen him buy kids shoes. I’ve seen him buy coats.”
Every Christmas, she said her son would have all the area kids put their name in a box, and then he’d have a drawing to give away gifts like bicycles, TVs and stereos. “Just for the kids,” she said.
The state said that Kenneth was particularly close with his mother and called her every day.
Family supports execution of Littlejohn
The Meers family spoke in support of the state executing Littlejohn.
“I believe my mom died of a broken heart,” Bill Meers said during the hearing.
After his testimony, the family read a letter from Delores Meers that she wrote before her death.
“Since this all happened, it just seems as if everything has fallen apart,” she wrote. “There are so many times that I just need him to talk to about everything. It just isn’t right for a child to go before their parent.”
Littlejohn told USA TODAY ahead of the clemency hearing that he sought the family’s forgiveness.
“I’ve had someone kill my cousin and her baby. They were put on death row and I wanted him to be executed,” Littlejohn said. “So I understand their emotions and I pray for them. But I didn’t kill their son.”
Bill Meers rejects the attempt, saying: “I cannot and will not forgive this man for carelessly finding Kenny’s life meant nothing.”
(source: usatoday.com)
*******************
Oklahoma prepares for an execution after parole board recommended sparing man’s life
Oklahoma was preparing to execute a man Thursday while waiting for Republican Gov. Kevin Stitt to decide whether to spare the death row inmate’s life and accept a rare clemency recommendation from the state’s parole board.
Emmanuel Littlejohn, 52, was set to die by lethal injection for his role in the 1992 shooting death of a convenience store owner during a robbery.
In 6 years as governor, Stitt has granted clemency only once and denied recommendations from the state’s Pardon and Parole Board in three other cases. On Wednesday, a spokeswoman for Stitt said the governor had met with prosecutors and Littlejohn’s attorneys but had not reached a decision.
The execution was scheduled for 10 a.m. at the Oklahoma State Penitentiary. Littlejohn would be the 14th person executed in Oklahoma under Stitt’s administration.
Another execution was set for later Thursday in Alabama, and if both are carried out, it would be the 1st time in decades that 5 death row inmates were put to death in the U.S. within 1 week.
In Oklahoma, an appellate court on Wednesday denied a last-minute legal challenge to the constitutionality of the state’s lethal injection method of execution. A similar appeal filed in federal court also was rejected Thursday.
Littlejohn would be the 3rd Oklahoma inmate put to death this year. He was 20 when prosecutors say he and co-defendant Glenn Bethany robbed the Root-N-Scoot convenience store in south Oklahoma City in June 1992. The store’s owner, Kenneth Meers, 31, was killed.
During video testimony to the Pardon and Parole Board last month, Littlejohn apologized to Meers’ family but denied firing the fatal shot. Littlejohn’s attorneys pointed out that the same prosecutor tried Bethany and Littlejohn in separate trials using a nearly identical theory, even though there was only one shooter and one bullet that killed Meers.
But prosecutors told the board that two teenage store employees who witnessed the robbery both said Littlejohn, not Bethany, fired the fatal shot. Bethany was sentenced to life in prison without parole.
Littlejohn’s attorneys also argued that killings resulting from a robbery are rarely considered death penalty cases and that prosecutors today would not have pursued the ultimate punishment.
“It is evident that Emmanuel would not have been sentenced to death if he’d been tried in 2024 or even 2004,” attorney Caitlin Hoeberlein told the board.
Littlejohn was prosecuted by former Oklahoma County District Attorney Bob Macy, who was known for his zealous pursuit of the death penalty and secured 54 death sentences during more than 20 years in office.
Because of the board’s 3-2 recommendation, Stitt had the option of commuting Littlejohn’s sentence to life in prison without parole. The governor has appointed three of the board’s members.
In 2021, Stitt granted clemency to Julius Jones, commuting his sentence to life without parole just hours before Jones was scheduled to receive a lethal injection. He denied clemency recommendations from the board for Bigler Stouffer, James Coddington and Phillip Hancock, all of whom were executed.
The executions in Oklahoma and Alabama would make for 1,600 executions nationwide since the death penalty was reinstated by the U.S. Supreme Court in 1976, according to the Death Penalty Information Center.
(source: Sean Murphy is the statehouse reporter for The Associated Press in Oklahoma City)
UTAH:
Utah death row inmate files to remove AG’s Office from case in a ‘battle’ for information
Lawyers for Ralph Leroy Menzies, a Utah State Prison inmate on death row, have filed a motion to remove the Attorney General’s Office from his competency case.
Menzies, 66, has been on death row since 1988 when he was convicted for the kidnapping and murder of Maureen Hunsaker from a Salt Lake County gas station. Earlier this year, a judge was set to decide whether or not to sign an execution warrant but that hearing was delayed over claims of mental incompetency.
Now, court documents reveal Menzies and his lawyers are seeking to remove the Utah Attorney General’s Office citing a conflict of interest. Through the motion, Menzies and his team hope for an “independent prosecutor,” such as the Salt Lake District Attorney’s Office, to represent the State as the case moves forward.
This motion further delays Menzies’ execution in a case that already spans more than 3 decades, an outcome Utah Criminal Defense Attorney Clayton Simms says the defense may be working for.
“One of the goals of the defense attorneys, although it’s not stated, is to make it more difficult, to make it more costly to impose the death penalty,” he said. “The expense of educating new attorneys on the case and defending the government’s position could be costly, and maybe the government would say that’s not simply worth it, we’ll just not seek the death penalty.”
A ‘battle’ for information
Menzies attorneys say the AG’s Office established a conflict screen to limit communication between the prosecution, Department of Health and Human Services, and Utah Department of Corrections in order to ensure they “made independent decisions, despite being represented by the same agency.”
Simms described a conflict screen as a “screen that bars information from one department to another.”
Attorneys claim the AG’s Office violated its own conflict screen “hundreds of times by sharing privileged communications between screen attorneys representing these entities.” However, the AG’s Office said Menzies’ argument was based on speculation and lacked “concrete evidence.”
Simms explained the motions are centered around access to information — such as emails and documents between the agencies — and there will likely be a “battle” over the release of these records.
Simms said Menzies’ attorneys are saying that the Attorney General’s Office has an unfair advantage because the state potentially has access to information from the UDC and UHHS that the defense does not have access to.
“They, one, want the information, and two, to knock the Attorney Generals off of the case, and that would eliminate that advantage,” Simms said.
Simms said that just because the government entities are working together does not automatically mean there is a conflict of interest that benefits the prosecution.
“All government entities aren’t necessarily working together in a way that creates a conflict,” he said. “So it is true that you can be an independent government agency and all be under the state of Utah’s umbrella.”
What’s next
The case could continue for years to come as attorneys sift through years of jail calls and medical records to determine Menzies’ mental competency.
Simms said it’s possible Menzies’ mental competency could be brought into question again in the future even if the judge decides he is competent now.
“The strength of the motion is going to be based upon, is he competent or not? Does he really have dementia? If he really genuinely has dementia and has a reduced mental capacity, ultimately, that’s going to stop the execution,” Simms said.
(source: ABC News)
USA:
After Latest US Execution, Progressives Say ‘Abolish the Death Penalty’—-“The use of the death penalty in the United States is one of the ugliest stains on our broken criminal justice system,” said Congresswoman Barbara Lee.
Amid a wave of executions in Republican-led states—including Tuesday’s lethal injection of Marcellus Williams in Missouri—progressive U.S. lawmakers and groups renewed calls to “abolish the death penalty.”
Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) and Congresswomen Alexandria Ocasio-Cortez (D-N.Y.), Rashida Tlaib (D-Mich.), Ilhan Omar (D-Minn.), and Cori Bush (D-Mo.) were among those who took to social media to demand an end to capital punishment following Williams’ execution.
“The use of the death penalty in the United States is one of the ugliest stains on our broken criminal justice system,” said Rep. Barbara Lee (D-Calif.). “It is disproportionately imposed against poor people and people of color. We must abolish it once and for all.”
Williams, 55, was killed by the state of Missouri via lethal injection—a method known for botched executions—despite serious doubts about his guilt. The office that prosecuted him sought to have his murder conviction overturned and members of the victim’s family pleaded for clemency.
“Sometimes injustice is so glaring that it leaves us struggling to comprehend how such events could happen in the first place,” Bush said in a statement released after Williams’ execution.
The congresswoman continued:
The deadly decision to execute Williams came despite urgent pleas from Missourians and people all across the country… who called for clemency. Gov. Mike Parson didn’t just ignore these pleas and end Williams’ life, he demonstrated how the death penalty is wielded without regard for innocence, compassion, equity, or humanity. He showed us how the standard of “beyond a reasonable doubt” can be applied selectively, depending on who stands accused and who stands in power. “The state of Missouri and our nation’s legal system failed Marcellus Williams, and as long as we uphold the death penalty, we continue to perpetuate this depravity—where an innocent person can be killed in the name of justice,” Bush stressed. “We have a moral imperative to abolish this racist and inhumane practice, and to work towards building a just legal system that values humanity and compassion over criminalization and violence.”
“Rest in power, Marcellus Williams,” she added.
Williams wasn’t the only one executed on Tuesday. Travis Mullis—a 38-year-old autistic man who murdered his infant son—was killed by lethal injection in Texas after waiving his right to appeal.
Last week, South Carolina executed Freddie Owens by lethal injection after Republican state Attorney General Alan Wilson brushed off a key prosecution witness’ bombshell claim that the convicted man did not commit the murder for which his life was taken.
Although the number of U.S. executions has been steadily decreasing from 85 in 2000 to 24 last year, there is currently a surge in state killings, with 5 more people set to be put to death in 3 states by October 17.
On Thursday, Alabama is scheduled to kill Alan Eugene Miller using nitrogen gas, despite the inmate suffering severe mental illness. Miller was meant to be put to death in 2022; however, prison staff could not find a vein in which to inject the lethal cocktail and his execution was postponed.
That same day, Emmanuel Antonio Littlejohn is set to be executed by lethal injection in Oklahoma, even after the state’s Pardon and Parole Board voted to recommend clemency.
According to a 2014 study, over 4% of people on U.S. death rows did not commit the crime for which they were condemned. The Death Penalty Information Center found that since 1973, at least 200 people who were wrongly convicted and sentenced to death in the U.S. have been exonerated.
“The only way to eliminate the possibility of executing an innocent person is to do away with the death penalty altogether,” the advocacy group Human Rights First said Wednesday.
(source: commondreams.org)
JAPAN:
Japan’s Iwao Hakamata Found Not Guilty for 1966 Shizuoka Murders, Robbery; Judge Alludes to Fabrication of Evidence
The Shizuoka District Court found Iwao Hakamata not guilty in his retrial on Thursday, reversing a previously finalized death penalty for the 1966 robbery and murder of 4 people in Shizuoka Prefecture.
This is the 5th case after World War II in which a retrial overturned a death sentence that had previously been finalized.
Hakamata, 88, was found guilty after 5 articles of clothing were discovered in a miso tank near the crime scene 1 year and 2 months after the incident. The articles were cited in the guilty ruling as the clothing Hakamata wore when the crimes were committed.
On Thursday, presiding Judge Koshi Kunii said the clothing was “processed and hidden by the investigative authorities,” suggesting that the evidence was fabricated.
The incident occurred on June 30, 1966. The house of a miso company executive in Shimizu — now Shimizu Ward in Shizuoka — was burned down, and the bodies of the 41-year-old executive; his wife, 39; their daughter, 17; and son, 14, were found.
After his arrest, Hakamata, who was employed by the company, confessed to the crime, but during trial he maintained his innocence. He was sentenced to death, and the sentence was finalized in 1980.
Hakamata filed a request for a retrial in 1981, which was dismissed, and another in 2008. The Shizuoka District Court granted his request in 2014, and Hakamata was released that year. His retrial started in 2023.
On Thursday, Hakamata’s sister Hideko, 91, attended the court session as a legal assistant on behalf of her brother, who has developed “detainment syndrome” due to his 48 years in detention.
Hideko said Hakamata had already finished breakfast before she left, and when she told him she was off to Shizuoka, he replied, “OK.”
It has been 35 years since a similar retrial was ruled on, in 1989, in the so-called Shimada case involving the 1954 murder of a young girl in Shimada, Shizuoka Prefecture.
According to the district court, 502 people visited the court Thursday morning to get one of the 40 seats available for the general public.
(source: japannews.yomiuri.co.jp)
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Acquittal of man who spent 45 years on death row pivotal moment for justice
Responding to the acquittal of Japanese man Iwao Hakamada, who spent nearly 5 decades on death row, Amnesty International’s East Asia Researcher Boram Jang said:
“We are overjoyed by the court’s decision to exonerate Iwao Hakamada. After enduring almost half a century of wrongful imprisonment and a further 10 years waiting for his retrial, this verdict is an important recognition of the profound injustice he endured for most of his life. It ends an inspiring fight to clear his name by his sister Hideko and all those who supported him.
“As we celebrate this long overdue day of justice for Hakamada, we are reminded of the irreversible harm caused by the death penalty. We strongly urge Japan to abolish the death penalty to prevent this from happening again.
“Japanese authorities must also review all existing death sentences, particularly when there are concerns of mental and intellectual disabilities. Only complete abolition of capital punishment will ensure that such grave errors are never repeated, and people not irreversibly and arbitrarily deprived of their lives. Amnesty International will continue to push for the abolition of the death penalty and for reforms that ensure fairness and justice for all.”
Background
On 26 September 2024, a long-awaited ruling was delivered by Shizuoka District Court to acquit Hakamada Iwao, described as the world’s longest-serving death row prisoner.
During his first trial, Hakamada was convicted of the murder of his employer and his employer’s family, largely based on a forced “confession”. He “confessed” to the crime after 20 days of interrogation by police. Hakamada proceeded to retract the “confession” during the trial, alleging that police had threatened and beaten him. Hakamada was sentenced to death by Shizuoka District Court in 1968 and spent over 45 years held on death row.
In March 2014, Hakamada was granted a retrial by Shizuoka District Court and was released from prison after DNA evidence surfaced which questioned the reliability of his conviction.
The decision to open a retrial was based on more than 600 pieces of evidence disclosed by the prosecutor. This evidence undermined the legitimacy of earlier evidence.
In June 2018, the Tokyo High Court overturned the decision of the lower court denying Hakamada’s retrial after an appeal from prosecutors. Hakamada’s lawyers appealed this ruling, which led to Japan’s Supreme Court reversing the High Court decision in December 2020 and asking it to re-examine the appeal. Eventually, the Tokyo High Court also ruled in support of the Supreme Court decision for retrial in March 2023.
Hakamada’s retrial officially commenced in October 2023. The forced “confession” was excluded from the evidence. Prosecutors have since continued to voice their support for upholding the conviction and for Hakamada to be sentenced to death.
Japan has continued to carry out executions – including of people who had judicial appeals pending, which is in violation of international safeguards guaranteeing protection of the rights of those facing the death penalty. The last execution in Japan was carried out on 26 July 2022. As of 31 December 2023, 107 out of the 115 people on death row had their death sentences finalized and were at risk of execution. Those on death row continued to be held in solitary confinement; and in the absence of effective safeguards or transparent regular psychiatric evaluations, persons with mental (psycho-social) and intellectual disabilities continued to be subjected to the death penalty, in violation of international law and standards.
Amnesty International opposes the death penalty in all cases without exception regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution.
(source: Amnesty International)
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He’s the world’s longest-serving death row inmate. A court ruling may soon clear his name
A pair of blood-spattered trousers in a miso tank and an allegedly forced confession helped send Iwao Hakamata to death row more than 5 decades ago.
Now, the world’s longest-serving death row convict has a chance to clear his name.
A Japanese court on Thursday is set to hand down its verdict in the retrial of 88-year-old Hakamata, who was sentenced to death in 1968 for murdering a family in a marathon legal saga that’s brought global scrutiny to Japan’s criminal justice system and fueled calls to abolish the death penalty in the country.
During the retrial, Hakamata’s lawyers argued new information proved his innocence, while prosecutors claimed there was enough evidence to confirm he should be hanged for the crime.
Once a professional boxer, Hakamata retired in 1961 and got a job at a soybean processing plant in Shizuoka, central Japan – a choice that would mar the rest of his life.
When Hakamata’s boss, his boss’s wife, and their 2 children were found stabbed to death in their home in June 5 years later, Hakamata, then a divorcée who also worked at a bar, became the police’s prime suspect.
After days of relentless questioning, Hakamata initially admitted to the charges against him, but later changed his plea, arguing police had forced him to confess by beating and threatening him.
He was sentenced to death in a 2-1 decision by judges, despite repeatedly alleging that the police had fabricated evidence. The one dissenting judge stepped down from the bar six months later, demoralized by his inability to stop the sentencing.
Hakamata, who has maintained his innocence ever since, would go on to spend more than half his life waiting to be hanged before new evidence led to his release a decade ago.
After a DNA test on blood found on the trousers revealed no match to Hakamata or the victims, the Shizuoka District Court ordered a retrial in 2014. Because of his age and fragile mental state, Hakamata was freed as he awaited his day in court.
The Tokyo High Court initially scrapped the request for a retrial for unknown reasons, but in 2023 agreed to grant Hakamata a second chance on an order from Japan’s Supreme Court.
Retrials are rare in Japan, where 99% of cases result in convictions, according to the Ministry of Justice website.
A justice system under scrutiny
Even as his case is closely watched around the world, a possible acquittal would not likely register with Hakamata, who after decades of imprisonment has seen a decline in his mental health, and is “living in his own world,” said his sister Hideko, 91, who has long campaigned for his innocence.
Hakamata seldom speaks and shows no interest in other people, Hideko told CNN.
“Sometimes he smiles happily, but that’s when he’s in his delusion,” Hideko said. “We have not even discussed the trial with Iwao because of his inability to recognize reality.”
But for Hakamata’s supporters, the case is about much more than one man.
It has raised questions about Japan’s reliance on confessions to get convictions. And some say it’s one of the reasons why the country should do away with the death penalty.
“I’m against the death penalty,” Hideko said. “Convicts are also human beings.”
Hakamata’s sister Hideko, 91, has been looking after him while he awaits his retrial verdict.
Japan is the only G7 country outside of the United States to retain capital punishment, though it did not perform any executions in 2023, according to the Death Penalty Information Center.
Hiroshi Ichikawa, a former prosecutor who was not involved in Hakamata’s case, said historically Japanese prosecutors have been encouraged to get confessions before looking for supporting evidence, even if it means threatening or manipulating defendants to get them to admit guilt.
An emphasis on confessions is what allows Japan to maintain such a high conviction rate, Ichikawa said, in a country where an acquittal can severely hurt a prosecutor’s career.
Japan’s Ministry of Justice said it could not comment on an ongoing case.
A long fight for exoneration
For 46 years, Hakamata was held behind bars after being convicted on the basis of the stained clothing and his confession, which he and his lawyers say was given under duress.
Hideyo Ogawa, Hakamata’s lawyer, told CNN that Hakamata was physically restrained and interrogated for more than 12 hours a day for 23 days, without the presence of a defense attorney.
“The Japanese judicial system, especially at that time, was a system that allowed investigative agencies to take advantage of their surreptitious nature to commit illegal or investigative crimes,” Ogawa said.
Chiara Sangiorgio, Death Penalty Advisor at Amnesty International, said Hakamata’s case is “emblematic of the many issues with the criminal justice (system) in Japan” and that his conviction was “riddled with flaws and recognized as unreliable” by the fact that he was granted a retrial.
In a letter to his mother following his third trial in 1967, Hakamata apologized for making his family worry. “God, I am not a criminal,” he wrote.
Death row prisoners in Japan are typically detained in solitary confinement with limited contact with the outside world, Sangiorgio said. Executions are “shrouded in secrecy” with little to no warning, and families and lawyers are usually notified only after the execution has taken place.
Despite his poor mental health, over the past decade, Hakamata has gotten to enjoy the small pleasures that come with living freely.
In February, he adopted 2 cats. “Iwao began to pay attention to the cats, worry about them, and take care of them, which was a big change,” Hideko said.
Every afternoon, a group of Hakamata’s supporters take him out for a drive, where Hideko says Hakamata “buys a large amount of pastries and juice.”
While Hakamata may not understand the significance of Thursday’s ruling, his family and throngs of supporters may finally see the world’s longest-serving death row prisoner declared innocent, once and for all.
“I hope he will continue to live a long and free life,” Hideko said.
(source: CNN)
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‘No Warning’: The Death Penalty In Japan
Iwao Hakamada, the world’s longest-serving death row prisoner who was freed in 2014, will learn on Thursday if he will again face execution or finally be acquitted.
The death penalty has strong public support in Japan, where scrapping it is rarely discussed, but it is also criticised internationally for the “cruel” way it is carried out.
Here are some things to know:
Japan and the United States are the only 2 members of the Group of 7 industrialised economies to retain the death penalty.
There is overwhelming public support for the practice: a 2019 Japanese government survey found that 80 % of respondents saw the death penalty as “unavoidable”.
In the same survey, which had more than 1,500 participants, just nine percent were in favour of abolishing it.
Of those who supported capital punishment, around 57 % said victims’ families “would never feel vindicated” if it were scrapped.
As of December, 107 prisoners were waiting for their death sentences to be carried out, the Justice Ministry told AFP. It is always done by hanging.
The law stipulates that executions must be carried out within 6 months of a finalised verdict.
In reality, most inmates are left on tenterhooks in solitary confinement for years — and sometimes decades — often taking a severe toll on their mental health.
Hanging has been Japan’s sole execution method for around a century-and-a-half.
Convicts are led to the gallows blindfolded, with their feet bound and hands cuffed.
A trapdoor opens below them when several prison officers each press a button simultaneously in an adjacent room.
None is told which button triggers the deadly mechanism.
Three death-row prisoners sought an injunction against the hanging method in 2022, calling it cruel.
Critics have argued that hanging is prone to botched executions and makes for a long, agonising death.
No executions were carried out in Japan in 2023 but there was one in 2022 and three in 2021.
The last hanging, in July 2022, was of Tomohiro Kato, who killed seven people in 2008 when he rammed a truck into pedestrians in Tokyo’s Akihabara district and then went on a stabbing spree.
The high-profile executions of the guru Shoko Asahara and 12 former members of the Aum Shinrikyo doomsday cult took place in 2018.
Aum Shinrikyo orchestrated the 1995 sarin gas attacks on Tokyo’s subway system, killing 13 people and making thousands more ill.
A 21-year-old man was reportedly sentenced to death last week for killing the parents of a girl he had a crush on and setting their home on fire.
There is widespread criticism of the system and the government’s lack of transparency over the practice.
Inmates are often informed of their impending death at the last minute, typically in the early morning just a few hours before it happens.
Some “may be given no warning at all”, rights group Amnesty International once said in a report.
The psychological pain of not knowing when they will be put to death prompted two prisoners to file a lawsuit against the late-notice system in 2021, with a verdict reportedly expected in April.
No family members are allowed to witness the inmates’ last moments.
Public discourse on the death penalty is also limited, with activists calling for better disclosure of information by authorities to stimulate nationwide discussions.
(source: Agence France-Presse)
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Execution timing for condemned inmates remains a mystery
Iwao Hakamada, whose death sentence was finalized in 1980, could have been executed at any time since then.
But under a capital punishment system where rules are broken and procedures are opaque, Hakamada survived long enough to finally win an acquittal in a retrial on Sept. 26.
It remains unclear why some death row inmates face execution much earlier or later than other condemned prisoners.
In 2007, the Justice Ministry began publicizing the names of those eligible for execution, the site where the convicts would be hanged, and the facts of their crimes.
But the ministry has not revealed how it determines who is eligible from among the many death row inmates in Japan.
According to the ministry and other sources, 77 people have been executed in Japan since 2007.
The period between the finalization of the death sentence and the actual execution ranged from about 1 year and 4 months to 18 years and 6 months. The average wait was about 6 years and 8 months.
There have been no executions since July 2022.
According to the Code of Criminal Procedure, the justice minister must order the execution of a convict within six months of a finalized death sentence.
And it must be carried out within five days of the minister’s order.
However, these rules are considered “advisory provisions” with no penalty for violations. Executions are also suspended in cases of insanity or pregnancy.
In 2008, shortly after the ministry began releasing the names of those to be executed, then Justice Minister Kunio Hatoyama stated at a news conference, “It is better to keep as close as possible to the requirements of the Code of Criminal Procedure.”
He added, “Basically, the order of execution should be the same as the order in which the sentences are finalized.”
However, many death row inmates have been executed more than a few years after their sentences were finalized.
Normally, the Justice Ministry’s criminal investigation bureau selects those to be executed and reports the names to the minister.
If the minister determines that the execution should be carried out after reviewing court documents and other information, he or she signs and seals a “death penalty execution order.” The execution takes place a few days later.
Successive justice ministers had said they “thoroughly examined the relevant records, carefully considered whether or not there were grounds for a suspension of execution or the granting a retrial, and found that there were no such grounds.”
“Even if a retrial request is pending, we have no choice but to order an execution if we expect the request to be dismissed as a matter of course,” then Justice Minister Katsutoshi Kaneda said at a news conference in 2017.
There has been a string of executions of death row inmates who filed for retrials.
In July 2018, 13 former Aum Shinrikyo members and others were executed over the deadly crime spree committed by the cult. Ten of them had requested retrials.
According to the ministry, 107 people were on death row as of Sept. 9. Their average age was about 60.
Maiko Tagusari, a lawyer and professor of criminal law at Tokyo Keizai University and an expert on death penalty issues, said much information is not made public, including the criteria for deciding who is eligible for execution and changes in policy regarding executions pending retrial.
“Hiding information can lead to arbitrary operations,” Tagusari said. “In addition to clearly stating the criteria, the law should be revised to allow the courts to be involved in the execution process and to provide a mechanism to verify the appropriateness of the execution.”
More countries have abolished capital punishment.
Of the 38 members of the Organization for Economic Cooperation and Development (OECD), which are considered advanced nations, only Japan and the United States continue to carry out the death penalty.
However, more than 1/2 of the 50 U.S. states have abolished or suspended capital punishment, according to Kana Sasakura, a professor at Konan University and an expert on the death penalty.
In the remaining states, there are strict procedures, such as requiring a unanimous decision by a jury, to impose a death sentence, Sasakura said.
The professor also noted a difference in “transparency” between Japan and the United States.
In the United States, a convict is notified several months before the execution date. Family members of victims and the condemned, as well as media representatives, can witness executions in many states.
Information about the carrying out of a death penalty in the United States is widely shared, and discussions are held at each execution.
But in Japan, the convict is informed of the execution on the day that it is carried out. Details of the procedure are not disclosed.
“The lack of transparency is holding back debate,” Sasakura said. “Japan must also promote information disclosure and hold fundamental discussions.”
Shinichi Ishizuka, a criminal law scholar and professor emeritus at Ryukoku University, said Japan’s capital punishment system can also lead to diplomatic ramifications.
Japan has extradition treaties only with the United States and South Korea. Countries that do not carry out capital punishment may be reluctant to conclude such treaties with Japan, Ishizuka said.
“The existence of the death penalty prevents Japan’s right to investigate crimes, lowers Japan’s diplomatic standing, and makes Japan vulnerable. It is very disgraceful for Japan,” he said.
(source: The Asahi Shimbun)
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Japanese Bishops push for death penalty abolition after acquittal of death row inmate—-The Catholic Bishops’ Conference of Japan has renewed its call for the abolition of the death penalty following the acquittal of Iwao Hakamada, the world’s longest-serving death row inmate.
“With the verdict of acquittal of Mr. Hakamada, we would like to call on Japanese society to once again consider the merits and demerits of the death penalty,” said Archbishop Tarcisio Kikuchi Isao of Tokyo, President of the Japanese Bishops’ Conference.
The 88-year-old was found not guilty by the Shizuoka District Court, ending more than 5 decades of imprisonment.
Hakamada was convicted in 1968 for the murder of his employer, the man’s wife, and their 2 teenage children.
He was sentenced to death based on a confession he later claimed was coerced during intense interrogations.
Hakamada spent over 50 years on death row, maintaining his innocence, until the court granted a retrial amid concerns that key evidence had been manipulated.
“Even if a person is wrongfully convicted, once human life and dignity have been taken away by the death penalty, they cannot be restored,” Archbishop Kikuchi said.
Hakamada’s case has drawn international attention, raising concerns about wrongful convictions in Japan’s justice system, where capital cases often rely on confessions obtained through lengthy interrogations.
His legal battle has sparked renewed debate about the use of the death penalty in Japan.
“We wholeheartedly welcome and thank God that after more than half a century, Mr. Hakamada, who has protested his innocence for many years and faced the grave injustice of a wrongful death sentence, has finally been found not guilty,” added Archbishop Kikuchi.
Japan remains one of the few developed nations that still uses the death penalty, despite calls for its abolition.
Capital punishment continues to receive broad public support in the country, but Hakamada’s case has prompted further discussion about its implementation.
“We believe that the merciful God will extend His healing hand to Mr. Hakamada, who has been forced to live a life of suffering as a wrongfully convicted death row inmate,” said Archbishop Kikuchi.
The prelate concluded with a prayer for Hakamada’s well-being and a reaffirmation of the Church’s mission to protect human dignity.
(source: vaticannews.va)
MALAYSIA:
Apex court upholds labourer’s death sentence for triple murder of children
The Federal Court has upheld the death sentence on a labourer convicted of murdering 3 young siblings 6 years ago.
A 3-judge panel, led by Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, dismissed Shahrul Pitri Jusoh’s appeal against his murder conviction and death sentence.
In delivering the court’s decision Thursday (Sept 26), Justice Abdul Rahman said the High Court did not err in convicting Shahrul of the murder charges.
He said the death sentence affirmed by the Court of Appeal, in exercising its discretion, was appropriate given the circumstances of the crime.
At the time the Court of Appeal decided on Shahrul’s appeal, the amendment to the law that abolished the mandatory death penalty – giving judges the discretion whether to impose the death sentence or imprisonment – had come into force.
“There are no valid mitigating circumstances to justify imprisonment, instead of the death penalty,” said Justice Abdul Rahman, who was joined by Justices Datuk Zabariah Mohd Yusof and Datuk Abdul Karim Abdul Jalil.
Justice Abdul Rahman emphasised the need to balance sympathy for the offender with the pain and suffering inflicted on the victims or the damage that Shahrul’s criminal act had done to society.
He said the general principle is for the appellate court to be slow in interfering with sentences imposed by a lower court unless the sentence was illegal, manifestly inadequate, or excessive.
Shahrul Pitri, 41, was found guilty and sentenced to death by the Ipoh High Court on Aug 6, 2020 for the murders of Muhammad Faqih Zahirulhaq Mohd Fadzil, 5; Muhammad Firash Zafrill, 3; and Nur Zia Fasihah, 2.
The murders were committed in a house in Kampung Sungai Haji Muhammad in Selekoh, Teluk Intan between 2.30pm and 2.40pm on May 17, 2018.
He was also found guilty and sentenced to 6 years’ jail for attempting to kill the children’s mother Zuraidah Mat Ali using a machete at the same place and time.
He was also sentenced to another 6 years’ jail for causing hurt to the elder sister of the siblings, Nur Zuryn Faziera Mohd Fadzil, 10, her friend Nur Aina Umaira Subri, 11, and teacher Redhuan Embi, 37.
On Sept 14 last year, the Court of Appeal dismissed Shahrul’s appeal and upheld the death penalty.
During Thursday’s appeal, Shahrul Pitri’s lawyer R. Mahendren Naidu argued that his client was not in the right state of mind during the incident, having been on drugs.
He said Shahrul Pitri was angry with the children’s father at that time for allegedly cheating him of his wages.
DPP Norzilati Izhani Zainal @ Zainol said consultant forensic psychiatrist Dr Ian Lloyd Anthony had testified that Shahrul Pitri was sane at the time he killed the children.
(source: thestar.com.my)
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Federal Court rejects appeal to commute death sentence in Bill Kayong murder case
(see: https://dayakdaily.com/federal-court-rejects-appeal-to-commute-death-sentence-in-bill-kayong-murder-case/)
INDIA:
Calcutta court awards death penalty to man for rape and murder of 7-year-old girl—-The crime happened on MArch 26 last year and there were widespread, violent protests after the child’s body was found in a gunny bag in the convict’s home
The Alipore court on Thursday awarded the death penalty to a man for the rape and murder of a 7-year-old child in the Tiljala area.
The special Pocso (Protection of Children from Sexual Offences Act) court judge Sudipto Bhattacharya, while announcing capital punishment for Ashok Shaw, said the case was among the rarest of rare as the little girl was not in a position to fight the perpetrator.
“Mercy to the guilty is cruelty to the innocent,” those present in the court heard the judge say while announcing the quantum of punishment.
The family of the victim live on the 2nd floor of a multi-storey building. Around 8 in the morning of March 26 last year, the girl’s mother had asked the child to fetch a packet of milk from the local market and drop a garbage bag in the bin.
That was the last time the parents saw their child. More than 2 1/2 hours passed but the child did not return. The family went to the Tiljala police station and lodged a missing complaint.
A search team was sent to the locality and the cops went through the CCTV footage from the cameras at the market and those adjoining the building where the family lived.
From the footage, the cops gathered that the child had returned to the building after dropping the garbage bag.
Immediately, a search was carried out in the entire building that included the flat of the convict from whose kitchen the bruised corpse of the seven-year-old child was recovered in a gunny bag dumped behind the cooking gas cylinder.
“The child’s hands were tied behind and her mouth gagged when the sexual assault was carried out. There were more than 26 wounds on the body. The head was struck with a hammer. Attempt was made to gouge the eyes,” said public prosecutor Shibnath Adhikari.
After the girl went missing, there were widespread, violent protests in Tiljala and Park Circus areas demanding better policing. Cars were torched, a police station was vandalised, traffic was brought to a halt and railway services were affected.
Investigation conducted by the Kolkata Police’s detective department’s homicide section revealed that Shaw had lured the child into his flat with chocolates and then proceeded to assault and kill her.
After the charge-sheet was filed against the accused on June 16, 2023, the case went for trial at the special Pocso court. More than 45 witnesses were examined.
The judge had on Wednesday found Shaw guilty on the charges of rape, murder and under the Pocso Act.
(source: telegraphindia.com)
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Arunachal school hostel warden gets death penalty for sexually assaulting 21 students
A special court in Arunachal Pradesh handed the death sentence on Thursday to a hostel warden convicted for sexual assault of 21 students at a government-run residential school from 2014 to 2022.
Special judge Jaweplu Chai, who announced the death sentence for warden Yumken Bagra, also sentenced former headmaster Singtung Yorpen and Hindi teacher Marbom Ngomdir to 20 years for abetment of the offence under Protection of Children from Sexual Offences (Pocso) Act and failing to report it. Some of the students had reported the abuse to Yorpen, but he asked them to keep quiet so that the reputation of the school is not sullied.
“We are happy with the verdict as the court heard our pleas for stringent and exemplary punishment,” said Oyam Bingepp, who appeared for the 21 children before the Pocso special court.
“This is the 1st death sentence in India given to an accused under Pocso Act for aggravated penetrative sexual assault of victims in which the victims had not died,” Bingepp added.
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SC to reassess Rajoana plea forcommutation of death penalty—-The Supreme Court on Wednesday decided to reassess a petition filed by Balwant Singh Rajoana seeking the commutation of his death sentence to life imprisonment.
The Supreme Court on Wednesday decided to reassess a petition filed by Balwant Singh Rajoana, a sympathiser of the militant group Babbar Khalsa, seeking the commutation of his death sentence to life imprisonment in connection with his involvement in the 1995 assassination of former Punjab chief minister Beant Singh.
A bench led by justice Bhushan R Gavai agreed to examine Rajoana’s petition more than a year after it declined to issue a directive, allowing the Centre to consider his mercy plea “in due course”.
The bench, also comprising justices PK Mishra and KV Viswanathan, issued notices to the Centre and the Punjab government on his new plea that cited his incarceration for last 28 years and inordinate delay in deciding his mercy plea.
“This cannot go on indefinitely. I have been inside for 28 years, out of which I have been on death row for almost 17 years. This court has already given them (Centre and Punjab) a long rope. Last time, it was noted that Punjab is a border state and there would be issues of national security etc. But this court does not have to depend on their response or consideration endlessly. This court should now decide the matter and pass appropriate orders,” senior counsel Mukul Rohatgi, appearing for Rajoana, argued on Wednesday.
Admitting the petition, the court sought replies from the Centre and Punjab within three weeks, tentatively fixing the matter for October 15 to hear next.
The issue of Rajoana’s release carries significant political and national security implications. He was linked to Babbar Khalsa, a militant Sikh separatist group responsible for violent activities during the insurgency in Punjab. His release is a sensitive issue for both the families of terrorism victims and the political dynamics in Punjab, raising concerns about the resurgence of a pro-Khalistan sentiment in some areas.
Rajoana’s current petition, filed through advocate Diksha Rai, maintained that he is “neither a member of any anti-nationalist organisation and nor has he ever subscribed to their views”, and therefore, the commutation of his sentence cannot be stalled by citing grounds of national security or public order. It added that inordinate delay in execution of a death row convict’s sentence and a final decision on his mercy petition has consistently been recognised by the apex court to invoke its powers under Article 32 to commute death sentence to life imprisonment.
“Keeping him in suspense, while consideration of his mercy petition by the Hon’ble President of India remains pending for years on end is an agony, which has created adverse physical conditions and psychological stresses on the petitioner, who has now been in jail for the past 28 years and 07 months, confined to a capital punishment cell of 8” x 10” for the last 17 years,” read the petition.
Rajoana, a former Punjab Police constable, was convicted for his involvement in an explosion outside the Punjab civil secretariat that killed Beant Singh and 16 others in 1995. A special court in July 2007 awarded the death sentence to Rajoana, along with another terrorist Jagtar Singh Hawara, in the assassination case. Rajoana was the second human bomb in case the first one would have failed in killing the Congress leader.
Rajoana was scheduled to be hanged on March 31, 2012 – two years after the Punjab & Haryana high court confirmed his capital punishment. However, the execution was stayed on March 28, 2012, by the then Congress-led government at the Centre after Sikh religious body Shiromani Gurdwara Parbandhak Committee (SGPC) filed a mercy petition with the President. The Shiromani Akali Dal, which was then in power in Punjab, also campaigned against his execution. The President at that time forwarded the mercy plea to the MHA, which is still pending.
In September 2019, a communication was issued by the Union ministry of home affairs (MHA) for commuting Rajoana’s death sentence to a life term coinciding with the 550th birth anniversary of Guru Nanak Dev. However, Rajoana was not released, prompting him to move a petition in the Supreme Court in 2020.
During the hearing of this petition, the Centre and the Central Bureau of Investigation, which investigated the 1995 assassination case, opposed Rajoana’s plea for commutation of his sentence, arguing that President is the final authority in the matter of granting clemency and that the September 2019 communication by MHA will not confer any right on Rajoana. The central government maintained that a decision on the mercy plea has to be deferred for the time being because “it has a serious potential of compromising the security of the nation or creating a law-and-order situation”. This affidavit stated that since Punjab is a border state, any decision on the mercy petitions filed on behalf of Rajoana has to be taken keeping in view the overall security scenario and terrorism perspective of the state. On its part, CBI added that any decision on Rajoana’s clemency must await the outcome of three criminal appeals pending before the Supreme Court in relation to the co-accused in the case.
Finally, on May 3, the Supreme Court wrapped up his plea noting that MHA’s decision to defer the decision on Rajoana’s mercy petition on the ground of national security and law and order situation “actually amounts to a decision declining to grant the same for the present”.
“It would not be within the domain of this Court to delve upon the decision of the competent authority to defer taking of any decision at present. It is within the domain of the executive to take a call on such sensitive issues. As such this court does not deem it appropriate to issue any further directions,” stated the bench in its order.
(source for both: hindustantimes.com)
PAKISTAN:
Murderer gets death penalty
The district and sessions judge ordered death penalty for main accused in a high-profile murder case from the Donga Bonga Walikot police station jurisdiction.
According to the police, the judge, Shahzeb Saeed sentenced Rab Nawaz to death and imposed a fine of Rs500,000 for the crime of killing his wife, Amina over a domestic dispute 9 months ago. The fine amount will be paid to the heirs of the deceased as compensation.
(source: tribune.com.pk)
SAUDI ARABIA:
Saudi man escapes death penalty, gets 30 years’ jail sentence for criticising government on social media—-The death sentence against Mohammed al-Ghamdi highlighted what critics describe as heightened repression under Crown Prince Mohammed bin Salman, the Gulf kingdom’s de facto ruler.
A Saudi court sentenced a retired teacher to 30 years in jail for criticising the government on social media, less than 2 months after his death sentence was overturned, his brother said on Tuesday.
The death sentence against Mohammed al-Ghamdi highlighted what critics describe as heightened repression under Crown Prince Mohammed bin Salman, the Gulf kingdom’s de facto ruler.
Prince Mohammed addressed the case in an interview with Fox News that aired in September 2023, saying the government was “ashamed” over it and expressing hope the outcome could be changed.
Ghamdi’s death sentence was overturned on appeal in August.
But the appeals court sentenced him to 30 years imprisonment on the same charges, his brother Saeed al-Ghamdi, an Islamic scholar who lives in Britain, told AFP.
Mohammed al-Ghamdi had been sentenced to death in July 2023 by the Specialised Criminal Court, which was set up in 2008 to deal with terrorism-related cases.
The former teacher, who is in his 50s, was arrested in June 2022.
Also read: X reveals first transparency report under Musk; 5 million accounts axed in 2024
The case against him was at least partly built on posts criticising the government and expressing support for “prisoners of conscience” like the jailed religious clerics Salman al-Awda and Awad al-Qarni, his brother has previously said.
His account on social media platform X had only nine followers, the Gulf Centre for Human Rights said when his legal troubles came to light last year.
The charges he faced included conspiracy against the Saudi leadership, undermining state institutions and supporting terrorist ideology, sources briefed on the details said at the time.
“This about-face in judgements testifies to the dramatic state of the kingdom’s politicised judicial system,” Saeed al-Ghamdi said on X.
“My brother is not guilty to be arrested and tried in this way,” he added.
The Saudi authorities could not immediately be reached for comment.
Human Rights Watch and Saeed al-Ghamdi reported last month that another brother, 47-year-old Asaad al-Ghamdi, had been sentenced to 20 years over critical social media posts.
There was no word on Tuesday on whether judges would also review Asaad al-Ghamdi’s sentence.
Under Prince Mohammed, Saudi Arabia has been pursuing an ambitious reform agenda known as Vision 2030 intended to transform the formerly closed-off kingdom into a global tourism and business destination.
However, Saudi authorities continue to take heat for the country’s rights record and restrictions on free speech in particular.
(source: wionews.com)
IRAQ—-executions
Iraq executes 21 people, mostly for terrorism-related offenses
Iraqi authorities have hanged at least 21 individuals, including 1 woman, most of whom were convicted on terrorism charges, according to 3 security sources, News.Az reports citing foreign media.
“21 convicts including a woman were executed” on charges including “terrorism” and being part of Daesh, an Iraqi security official said on Wednesday.
The same source said they were executed in Al-Hut prison in the southeastern city of Nassiriya. 2 other sources said they were all Iraqi nationals.
A medical source in Dhi Qar province, of which Nassiriya is the capital, said the forensic department had received the bodies of the executed convicts from the prison authority.
It is reportedly the largest number of executions reported in one day in years in Iraq, which has previously come under fire over its trial processes and the use of capital punishment on a mass scale.
Courts have handed down hundreds of death and life sentences in recent years to Iraqis convicted of “terrorism”, in trials rights groups have denounced as hasty.
(source: news.az)
IRAN—-executions
Arastoo Safarghomi and Rasoul Pourmajed Executed in Tabriz—-At the time of writing, neither of their executions have been reported by domestic media or officials in Iran.
Arastoo Safarghomi and Rasoul Pourmajed were executed for murder charges in Tabriz Central Prison.
An informed source told IHRNGO: “Rasoul Pourmajed owned a café where he was alleged to have killed someone. Arastoo was arrested 2 years and 6 months ago for murder charges.”
At the time of writing, neither of their executions have been reported by domestic media or officials in Iran.
Those charged with the umbrella term of “intentional murder” are sentenced to qisas (retribution-in-kind) regardless of intent or circumstances due to a lack of grading in law. Once a defendant has been convicted, the victim’s family are required to choose between death as retribution, diya (blood money) or forgiveness. Crucially, while an indicative amount is set by the Judiciary every year, there is no legal limit to how much can be demanded by families of the victims. IHRNGO has recorded many cases where defendants are executed because they cannot afford to pay the blood money.
In 2023, at least 282 people including two juvenile offenders and 15 women, were executed for murder charges, the 2nd highest number of qisas executions since 2010. Only 20% of the recorded qisas executions were announced by official sources. In 2023, Iran Human Rights also recorded 857 cases of families choosing diya or forgiveness instead of qisas executions.
(source: iranhr.net)
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Prisoner Executed in Zahedan Prison for Drug-Related Crimes
Today, September 26, the execution of a prisoner previously sentenced to death on drug-related charges was carried out in Zahedan Prison, according to a report by Haal Vsh.
The execution took place at dawn on Thursday, September 26, 2024. The identity of the executed individual has been reported as Amanollah Nohtani, 41 years old, married, and the father of 5 children, from Zabol.
Mr. Nohtani was arrested 5 years ago on drug-related charges and later sentenced to death by the Revolutionary Court of Zabol. In November 2023, he was transferred from Zabol Prison to Zahedan Prison and was moved to quarantine on Tuesday in preparation for his execution.
As of the time of this report, the execution has not been officially announced by prison authorities or relevant institutions.
The reports from the Department of Statistics and Publication of Human Rights Activists for the year 2023 reveal a concerning prevalence of executions for drug offenses in Iran, constituting 56.4% of the total executions.
(source: en-hrana.org)
SEPTEMBER 25, 2024:
TEXAS—-execution
Texas executes Brazoria County man for stomping death of infant son—-Travis James Mullis was sentenced to death in 2011 for killing his 3-month-old son in Galveston. He was the 4th person executed in Texas this year.
Texas executed Travis James Mullis on Tuesday, a Brazoria County man who sexually assaulted, strangled and stomped on his infant son’s head until he died in 2008.
Mullis, 38, was administered a lethal injection at the Texas State Penitentiary at Huntsville on Tuesday. He died at 7:01 p.m, making him the 4th person executed by the state of Texas this year. 2 more executions in the Lone Star State are scheduled for 2024.
Mullis was convicted and sentenced to death in 2011 for killing his 3-month-old son Alijah on the Galveston Seawall. He fled Texas, then turned himself in to law enforcement and confessed to the crime a few days later. His final appeal was denied by the Fifth Circuit Court of Appeals in 2023.
In his final statement, Mullis said he regretted killing his son, and he apologized to the boy’s mother. He thanked correctional officers and others on death row who showed “it is possible to be rehabilitated.”
“We have changed. We are not the same,” he said. “It was my decision that put me here.”
On January 28, 2008, Mullis drove from Brazoria County to Galveston with his son Alijah in the back seat after attempting to sexually assault a friend’s 8-year-old daughter, according to court documents.
In the early morning the next day, Mullis sexually assaulted his son. Unable to stop Alijah’s crying after the assault, Mullis proceeded to strangle his son, then stomped on his head several times and crushed his skull. He then tossed his son’s body into the brush and fled to Philadelphia.
A few days later, Mullis turned himself in to the police and confessed to the crime.
At trial, Mullis’ attorneys focused on his history of mental illness stemming from a difficult, abusive childhood. His father abandoned his family shortly after his birth, which was marred by a life-threatening illness with a mortality rate as high as 50% in newborns.
Mullis’ mother died when he was 10 months old. By at least the age of three, his adoptive father began sexually assaulting him. He spent years in and out of mental health treatment for a number of psychological conditions, including suicidal ideation.
“Texas will kill a redeemed man tonight,” Shawn Nolan, Mullis’ attorney during his most recent appeals, said in a statement Tuesday afternoon. “Travis Mullis committed an awful crime and has always accepted responsibility. He never had a chance at life.”
Nolan added that Mullis spent “countless hours working on his redemption” while on death row. “The Travis that Texas wanted to kill is long gone,” he said.
The prosecution, at trial, focused on Mullis’ history of violence and argued that the threat he posed could not be mitigated by treatment or incarceration. And Mullis’ written and videotaped confession of killing his son, according to court documents, “provided nearly indefensible grounds for conviction.”
“Some acts are such egregious violations of not only the law, but of civilized standards, that society’s only appropriate response is to impose the ultimate penalty on the wrongdoer,” Galveston County First Assistant District Attorney Kayla Allen, who prosecuted the case at trial, said in a Tuesday statement. “Today, the judgment of those citizens who heard all of the evidence has finally been carried out. Mullis’ son, Alijah Mullis, would have celebrated his 17th birthday next month.”
In the years since his conviction, Mullis changed his mind repeatedly on whether to appeal his death sentence in state and federal courts. He abandoned all appeals within months of his conviction, after a court-appointed doctor found him competent to do so.
“I have always admitted guilt + justice is deserved for the victims families,” Mullis wrote in a Sept. 13, 2012, letter to the court waiving his appeals. “It is in the best interests of justice for the victim + the victims families for this appeal to stop here and execution of this sentence to be carried out in a timely manner.”
But over the course of the next decade, Mullis reinstated and revoked his appeals several more times, saying he had lied during his competency evaluation and was motivated to give up his appeals by mental illness, suicidal thoughts and “an irrational fear” of spending the rest of his life in prison. Mullis’ attorneys argued that he was mentally ill and should not be executed.
The Texas Court of Criminal Appeals affirmed his conviction in 2012. Mullis filed an appeal in federal court in July 2013, arguing that he had had deficient representation at trial and alleging that the state had presented “false evidence of extraneous offenses” he had committed in his youth. A federal district court judge dismissed his petition in 2021, saying he had given up his rights to appeal, and the Fifth Circuit Court of Appeals affirmed that decision last year.
“Mullis is a disturbed individual whose mental illness has permeated his life,” the federal district court judge in Galveston wrote in denying his appeal. “As concerns about Mullis’ mental health have come up at each stage, state counsel and various courts have acted with competence and zeal to assure that Mullis has enjoyed all the process he is due.”
“However uncomfortable it may be,” the court added, “this case is left where Mullis himself has chosen it to be.”
(source: Texas Tribune)
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Travis James Mullis executed in Texas for murder of his 3-month-old son Alijah: ‘I’m ready’—-Mullis was executed 16 years after he told police he reached his ‘breaking point’ and killed his baby boy in Galveston when he wouldn’t stop crying. He’s the 4th man executed by Texas this year.
This story includes graphic descriptions of crimes committed against an infant.
Texas executed Travis James Mullis on Tuesday for killing his infant son in 2008, making him the 4th inmate executed in the nation’s busiest death penalty state this year and the 16th in the nation.
Mullis was executed by lethal injection and pronounced dead at 7:01 p.m., according to Amanda Hernandez, a spokesperson for the Texas Department of Criminal Justice.
Mullis was convicted of murdering his 3-month-old son Alijah, who was molested, stomped to death and abandoned at the Galveston’s Seawall, a popular tourist destination just south of Houston. Mullis, who was 21 at the time, said he had reached a “breaking point” the day he killed Alijah after the baby wouldn’t stop crying.
Mullis was executed less than an hour after Missouri executed Marcellus Williams despite strong questions surrounding his guilt. Mullis and Williams are among five inmates scheduled for execution in the U.S. in a six-day period between Sept. 20 and 26. Freddie Owens was the first to be killed on Friday in South Carolina.
Here’s what to know about the Mullis’ execution – including his last words – the case and the victim.
Travis “TJ” Mullis is set to be executed by the State of Texas on Tuesday, Sept. 24 for sexual abuse and murder of his infant son.
‘It was my decision that put me here,’ Travis Mullis says before execution
Travis Mullis used his last words to thank and apologize to loved ones, including the mother of his child and the victim’s family, according to a transcript obtained by USA TODAY.
He thanked everyone, but specifically shouted out all of his friends, pen pals and all the people in his corner inside and outside, even on Death Row, who “accepted me for the man I became during my best and worst moments.”
“I want to thank the field ministers, the Warden, and the correctional staff for all the changes being made across the system,” Mullis said. “Even the men on death row, to show it is possible to be rehabilitated, and not deemed a threat and not the men we were when we came into the system. We have changed. We are not the same.”
Mullis said that he took the “legal steps” to expedite his death sentence, which he referred to as “assisted suicide” and that he doesn’t regret it. But that he did regret killing his son, Alijah.
“I do regret the decision to take the life of my son. I apologize to the mother of my son, the victim’s family,” he said. “I have no ill will towards the court, the judicial system, the prosecution or the execution protocol. The morality of execution is between you and God … It was my decision that put me here. I’m ready Warden.”
‘Rest in Peace,’ lawyer says
Shawn Nolan, Mullis’ defense attorney, said in a statement that his client has “always accepted responsibility” for the awful crime he committed.
“Texas will kill a redeemed man tonight. He never had a chance at life being abandoned by his parents and then severely abused by his adoptive father starting at age 3, “Nolan wrote. “During his decade and a half on death row he spent countless hours working on his redemption. And he achieved it.”
The Travis that Texas wanted to kill is “long gone,” he said.
Travis Mullis’ judgement has ‘finally been carried out’
Jack Roady, Galveston County criminal district attorney, said in a statement that Tuesday marked the “long-awaited fulfillment of a verdict rendered by a jury who heard all of the evidence.”
“We are also grateful for the diligent investigation of the Galveston police officers who confronted the most disturbing facts and images possible in solving this case,” Roady said. “My deepest thanks go to Kayla Allen, Donna Cameron, and the late Lyn McClellan – the prosecutors who faithfully carried this tragic case to trial and ensured that justice was done for Alijah Mullis.”
Kayla Allen, first assistant district attorney, noted that the jury’s verdict was “affirmed by 13 years of post-conviction review by higher courts.”
“Some acts are such egregious violations of not only the law, but of civilized standards, that society’s only appropriate response is to impose the ultimate penalty on the wrongdoer,” she said, noting that Alijah would have “celebrated his 17th birthday next month.”
‘Extraordinarily beautiful’ baby gone too soon
Carolyn Entriken, Alijah’s grandmother, died 2 years before Mullis was executed and 14 years after her grandson.
To her, Alijah, was the most “extraordinarily beautiful” baby, Entriken told a court, according to a March 2011 transcript obtained by USA TODAY.
“He had steel blue eyes, cute little reddish hair,” Entriken said. “I know all babies are beautiful … He just was very precious.”
Entriken got the chance to visit her grandson a couple months after he was born and one month before he was killed, making her way to Texas from northern New Jersey. Mullis seemed “very loving and caring” during the first visit, telling the court that they “looked like a young family out on an outing.”
Entriken planned to visit again soon because she “wanted to come back and see Alijah.”
“I didn’t want too much time to go by where he was growing up without my seeing him,” she said.
What was Travis James Mullis convicted of?
Mullis had hit his “breaking point” when he killed his son, telling Philadelphia police four days after the murder that he couldn’t get him to stop crying and thought that the only way to get him to quiet down was to kill him, according to court records.
He had spent the night before the murder bickering with then-girlfriend and mother of his child, Caren Kohberger, after he had tried to get his roommate’s 8-year-old daughter to pull her pants down, court records say.
The couple was afraid that they would be thrown out of the house and that Mullis would mentally relapse and act out on his impulses again. The young family had also run out of money at that point, hoping that Mullis could get a job before they had to start paying rent, court records say.
That morning, Mullis said he had to get away to clear his head. He took Alijah with him and drove south toward Galveston, where he pulled over in a secluded area of the seawall. But then, his son started to cry, and he couldn’t get him to stop, he told police.
Mullis molested and choked the infant before he pulled Alijah out of the car, put him on the ground and stomped on his head, court records say. He flung the car seat and his son’s body toward the other side of the seawall then fled the state, USA TODAY reported.
He turned himself in a couple days later, offering a detailed confession to authorities in Philadelphia. Mullis was extradited back to Texas, convicted of murder and sentenced to death in March 2011.
(source: usatoday.com)
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Robert Roberson Given Texas Execution Date of October 17, 2024
Robert Leslie Roberson III is scheduled to be executed at 6 pm local time, on Thursday, October 17, 2024, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas. 57-year-old Robert is convicted of the murder of his 2-year-old daughter Nikki Curtis, on January 31, 2002, in Palestine, Texas. Robert has spent the last 21 years of his life on Texas’ death row.
Robert dropped out of school after the 10th grade. He had previously been convicted on more than one count of burglary. Robert had previously worked as a cook, construction worker, welder, and laborer.
Nikki Curtis lived in Palestine, Texas with her father, Robert Roberson, who had won a custody battle. Also living with them was Roberson’s girlfriend, Teddie Cox, and Teddie’s daughter Rachel. During the week of January 31, 2002, Teddie had been admitted overnight to the hospital for a hysterectomy, while Nikki was babysat by her maternal grandparents.
On January 30, the grandparents called Roberson to pick up Nikki, as one of them was sick. According to Teddie, Roberson was upset that he had to retrieve his daughter, but did so.
The following morning, Teddie called, saying she had been discharged and needed a ride home. Roberson told Teddie that Nikki was not breathing and he would need to come to the hospital anyway. Teddie implored Roberson to bring Nikki to the hospital immediately.
When Nikki arrived at the hospital, she was not breathing and her skin was blue. She was pronounced dead later that day. Doctors eventually diagnosed her cause of death as “shaken baby syndrome” sometimes referred to as “shaken impact syndrome.” Nikki had experienced severe head trauma. When asked what had happened, Roberson stated that Nikki had fallen off her bed.
Today, shaken baby syndrome is largely discredited by scientists. This discreditation has been the focus of appeals by Roberson and his lawyers in recent years. Additionally, in 2018 as an adult, Roberson was diagnosed with autism. Roberson and his attorney argue that this diagnosis is significant because it explains many abnormal behaviors exhibited by Roberson during his interactions with police and later during his trial that made Roberson appear callous, cold, and unemotional over Nikki’s death.
Nikki had previously had health problems during her young life, including respiratory issues and a high fever the week of her death. The medications given to Nikki to help her breathe have since been discovered to suppress breathing and have been labeled as unsuitable for toddlers. Roberson and his attorney claim that doctors never examined Nikki’s preexisting illnesses as a potential cause of death.
Roberson was convicted and sentenced to death on February 21, 2003. He has insisted that he is innocent and did not harm or kill Nikki.
This is not Roberson’s 1st execution date. He was previously scheduled to be executed in 2016, however, his execution was stayed by the Texas Court of Criminal Appeals. In 2023, his stay was lifted after the highest criminal court determined there was not enough evidence to overturn his death sentence, leading to a new execution date being scheduled.
Please pray for peace and healing for the family of Nikki. Please pray for strength for the family of Robert Roberson. Pray that if Robert is innocent, lacks the competency to be executed, or should not be executed for any other reason, that evidence will be presented before his arrest. Please pray that Robert will find peace through a personal relationship with Jesus Christ.
(source: theforgivenessfoundation.org)
NORTH CAROLINA:
Opponents of the death penalty organize statewide walk
As executions have resumed in South Carolina, on Thursday in North Carolina death penalty opponents will begin a 136-mile walk across the state to bring attention to those on death row here.
The march participants will walk a mile for each of the state’s 136 death row inmates. Noel Nickle is executive director of the North Carolina Coalition for Alternatives to the Death Penalty. She says the march will begin at the Forsyth County Courthouse and end Oct. 10 outside the Central Prison in Raleigh.
“We are beginning in Winston-Salem and ending in Raleigh because Forsyth County and Wake County disproportionately sentence people to death, more than any prosecutorial districts in the state,” Nickle said.
According to Nickle, there are 12 death row inmates in Forsyth County and 10 in Wake County. She says 60% of them are African Americans and that 1/2 were found guilty by all-white juries. Nickle says they want to bring attention to those disparities through discussions and programs throughout the walk.
The names of death row inmates from the places where they make stops and those who have been executed in the state will be read. There have not been any executions in North Carolina since 2006, but Nickle says that could quickly change.
“It’s not a matter of if executions resume in North Carolina but when they resume,” Nickle said. “Litigation issues that have prevented executions, we believe are going to fall away. Racial justice litigation and lethal injection litigation will no longer prevent executions in the future at some point and we will be like our neighbor, South Carolina.”
Freddie Owens was executed on Sept. 20 after a 13-year suspension in executions because South Carolina officials could not get the drugs for lethal injections. Owens was convicted of the 1997 convenience store fatal shooting of Irene Granger, a mother of 3. 5 other executions are being scheduled.
Death row inmates in South Carolina are given a choice of lethal injection — now that the companies who supply the drugs are not named — firing squad or the electric chair.
Nickle’s group is asking North Carolina Gov. Roy Cooper to commute the death sentences of all inmates.
(source: WFAE news)
ALABAMA—-impending execution
Death penalty opponents speak out as Alabama preps for next nitrogen gas execution
Back in January, Kenneth Eugene Smith became the nation’s 1st execution by nitrogen gas. His head is affixed to the gurney and a gas mask is strapped to his face.
His spiritual advisor stood by him. He smiled from ear to ear as he made the ASL sign for “I love you” to his family, who sat on the other side of the window, observing in the witness room at Holman Correctional Facility in Atmore, Alabama.
Smith’s last words were, “Tonight, Alabama caused humanity to take a step backward. I’m leaving with love, peace and light. Thank you for supporting me, love you all.”
Lee Hedgepeth, a journalist who witnessed the execution, said Smith started shaking when the nitrogen started to flow.
“He’s shaking so violently that the bottom of the gurney where the metal frame meets the ground is coming off the ground, up and down,” said Hedgepeth.
After Smith’s shaking weakened, he began retching inside his mask. Hedgepeth has witnessed 4 executions in Alabama but said he’d never seen a reaction like this.
Smith’s execution shocked witnesses, mainly because state officials said the nitrogen would cause unconsciousness in seconds.
“We were told that it wouldn’t take very long for Mr. Smith to become unconscious, that there would be very little struggle, that this would essentially be kind of a quiet death,” Hedgepeth said.
During the execution, Smith’s wife is wailing the entire time — even though there’s a sign in the witness room that instructs witnesses to remain quiet.“There’s a printed tag at the top above the window through which you watch the execution that says something like sit down and stay quiet,” Hedgepeth said. “That’s always struck me as emblematic of what the state’s attitude is towards the people who are witnessing the execution.”
Alabama is set to execute another person, Alan Eugene Miller, on Thursday using this method — known as “nitrogen hypoxia.” Because of the violent nature of Smith’s death, many opponents have spoken out against using the same method against him.
But state officials have defended the method, including Attorney General Steve Marshall, who said the first execution by nitrogen was “textbook.”
Miller filed a lawsuit earlier this year challenging the execution method, citing concerns that it would be painful and draw out his death. Dr. Joel Zivot, an anesthesiologist and professor at Emory University in Georgia, said it’s the state’s job to make sure that executions align with The Constitution — to not be cruel and unusual punishment.
“It should not fall on Alan Miller to tell them how he should be properly executed. But I understand why he’s doing it,” Zivot said. “All he’s trying to do is not have his death be some kind of torturous experience.”
Miller entered a confidential settlement with the state in August. AG Marshall did not respond to requests for comment, but In a press release, he said the settlement proves that nitrogen hypoxia is effective and humane.
“Miller’s complaint was based on media speculation that Kenneth Smith suffered cruel and unusual punishment in the January execution, but what the State demonstrated to Miller’s legal team undermined that false narrative. Miller’s execution will go forward as planned in September,” Marshall said.
Critics of the method feel the public isn’t well informed about how the state imposes its death penalty. Alison Mollman, with the ACLU of Alabama, said even the term “hypoxia” can be confusing to understand.
“We can sanitize these terms by using the phrase ‘nitrogen hypoxia,’” Mollman said. “But at its core, when someone is deprived of oxygen and is given nitrogen, that is suffocating the person.”
Opponents of the death penalty also feel concerned that there’s secrecy regarding the process. Mollman said that feeling isn’t new.
“The secrecy that’s happening with nitrogen suffocation is just a continuation of the secrecy that the state has had around lethal injection,” Mollman said. “At its core, that secrecy is designed to prevent the public from having the truth about what our state is doing when they kill people. It’s preventing the public from making reasoned decisions when they elect legislators who pass these laws.”
Mollman said it’s unclear who is regulating the chemical for nitrogen gas executions. She cited an incident at NASA, where nitrogen was the cause of death for scientists, and a 2021 Georgia poultry plant accident, where 6 people were killed by asphyxiation due to a liquid nitrogen leak.
“What’s really concerning about how the Department of Corrections is using nitrogen is OSHA does not oversee that,” she said. “There is no regulatory agency making sure that this gas is safely stored, that it’s being used in a manner that wouldn’t put officers, prison staff, the public at risk.”
Mollman said when this method of execution was proposed, it hadn’t been tested. Now that it has, she encourages lawmakers to reconsider.
“What we would really encourage our legislature to do is to take another look at this method of execution and decide if it’s really in line with Alabama’s values, with Alabama’s valuing of life,” Mollman said.
(source: WBHM news)
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Death Penalty Opponents Gathering in Tuscaloosa Today; Montgomery on Wednesday to Decry Alabama’s Next Gas Suffocation Execution/Possible 1600th US Execution Since 1977
Tracking of National Execution Spree – 5 executions from Sept 20 – 26 Could End With Alabama Conducting the 1600th Execution since 1977, Using Gas Suffocation.
Death Penalty Action, Project Hope to Abolish the Death Penalty, Witness to Innocence, Journey of Hope …From Violence to Healing and a host of Alabama allies will hold an educational event this evening in Tuscaloosa and will rally and deliver petitions in opposition to Alabama’s scheduled second execution of Alan Miller on Thursday, September 26. The “Voices of Experience on the Death Penalty” programs feature speakers with lived experiences related to the death penalty and the aftermath of murder.
— The 5th in a week-long series of events across Alabama is at 5pm on Tuesday, September 24, 2024 at GP 208 in the College of Arts and Sciences, 505 Hackberry Lane Tuscaloosa, Alabama.
— The rally and petition delivery will be rain or shine at 12pm on Wednesday, September 25, 2024 at the west side of the State Capitol in Montgomery. The rally will be live-streamed on Death Penalty Action social media – X (Twitter), Facebook and Youtube.
ALSO: NEW EVENT RE GAS SUFFOCATION EXECUTIONS- There will be a Zoom press conference at 10am CDT on Wednesday, September 25, 2024 featuring Rev. Dr. Jeff Hood, who as spiritual advisor to Kenneth Smith, was the closest witness to the horrific first-ever experimental gas suffocation execution. Rev. Hood will relay his experiences and take questions from the media in advance of Alabama’s 2nd experimental gas suffocation execution. Register for this event here, at: https://us02web.zoom.us/webinar/register/WN_qbajJZZdRl-RbAlJINkzZw#/registration
PROTESTING CORPORATE PROFITEERING FROM EXECUTIONS
Some of those traveling with the group started on Monday this past week (9/16) in Windsor, Connecticut. Together with the group, Worth Rises, they delivered nearly 30,000 petitions asking Walter Surface Technologies, the company whose subsidiary, Allegro Industries, makes the respirator mask used in Alabama’s gas suffocation executions, to disavow the use of their life-saving product for the purpose of executions. Details about that issue are here. Video and still images of that action, during which Police were called, are available. (No arrests were made.)
WHAT: Voices of Experience on the Death Penalty
WHEN: 5pm Tuesday 9/24 and Noon Wednesday, 9/25
WHERE: GP 208 in the College of Arts and Sciences, 505 Hackberry Lane Tuscaloosa, Alabama on Tuesday and the State Capitol on Wednesday
WHO: Death Penalty Action, Project Hope to Abolish the Death Penalty, Witness to Innocence, Journey of Hope …From Violence to Healing and others
* Abraham Bonowitz, Executive Director, Death Penalty Action
* Gary Drinkard, Exonerated Alabama Death Row Survivor, Witness to Innocence & Project Hope to Abolish the Death Penalty
* SueZann Bosler, Murder Victim Family Member, Journey of Hope …From Violence to Healing
* Charlies Keith, Brother of Kevin Keith, once 13 days from execution for a crime he did not commit
COUNTDOWN TO 1600th EXECUTION
Death Penalty Action is tracking 5 executions set to take place in a 7 day period across the United States. The 1st execution in over a decade in South Carolina took place on Friday, September 20, 2024. If the other 3 executions set for September 24 in Texas and Missouri and September 26 in Oklahoma all go forward, Alabama’s gas suffocation execution of Alan Miller in Alabama at 6pm on September 26 will be the 1600th execution in the United States since the resumption of executions in the United States, on January 17, 1977.
Details on each of the prisoners set for execution are listed here, at https://deathpenaltyaction.org/take-action/execution-petitions/
The speakers are on an extended tour from Connecticut to Alabama. In addition to the protest in Windsor and at the US Supreme Court, presentations took place in New Haven, CT, at the University of Delaware, the American University College of Law, the University of Maryland, George Washington University, The University of Alabama at Huntsville, Birmingham ad Tuscaloosa. From September 20-26, they are speaking at churches and universities throughout Alabama as the September 26th gas suffocation execution of Alan Miller approaches.
Remaining Public Events in Alabama This Week Are As Follows:
— Tuesday, Sept 24 at 6pm CDT in Tuscaloosa: “I’ll Pull the Switch. Will You? A Dialog About Alabama’s Death Penalty at GP 208 in the College of Arts and Sciences, 505 Hackberry Lane Tuscaloosa, Alabama 35401
— Wednesday, Sept 25 at 12pm CDT in Montgomery: RALLY & PETITION DELIVERY at Alabama State Capitol: Steps on west side (Dexter Ave) of Capitol. Gather at 11:45am.
— Thursday, Sept 26: Execution vigil at Holman Prison starting at 5pm CDT (Also in other locations in Alabama and virtually. We are urging those who are able to be at the prison.)
— Additional events may be added
(source: Death Penalty Action)
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Alabama set to conduct nation’s second nitrogen gas execution this week
Alabama plans to conduct the nation’s 2nd execution by means of nitrogen gas hypoxia Thursday when it will put Alan Eugene Miller to death for a 1999 mass murder in Jefferson County.
The execution is set for 6 p.m., barring any pending appeals or granting of a stay or commutation. If it goes forward, the execution will happen in the death chamber of the William C. Holman Correctional Facility in Atmore, a small town about 130 miles south of Montgomery.
The method has drawn national and international scorn and media attention, including a protest from the Vatican, due to its untested history and perceived physical effects on the condemned.
With the nitrogen hypoxia method, the condemned breathes pure nitrogen through a mask that displaces oxygen in their system. Proponents claim it is an almost instant and painless method. Opponents claim it is largely untried and amounts to torture.
A controversial method
Nitrogen hypoxia as an execution method has only been tried once in the United States, when Alabama executed Kenneth Eugene Smith in January.
Smith appeared to writhe and convulse on the gurney for at least four minutes during the execution.
State and prison systems officials had said before the execution that Smith should lose consciousness “within seconds,” and be dead within minutes once the gas started flowing into the full-face mask Smith wore.
Alabama Department of Corrections Commissioner John Q. Hamm called Smith’s execution “textbook” during a news conference about half an hour after the execution, and Hamm said the prisons system was ready to move forward with other nitrogen hypoxia executions.
In Alabama, there are about 160 inmates on death row, and they are given the option of what method of execution will be used. The three options in Alabama are lethal injection, nitrogen hypoxia and electrocution. About 30 inmates have chosen nitrogen hypoxia, but the choices were made well in advance of Smith’s execution. Those who have chosen nitrogen hypoxia do not have the option to make another choice.
“Alabama law provides that an inmate given a sentence of death shall have only one opportunity to elect their method of execution,” said Kelly Betts, spokeswoman for the prison system. She referred to Alabama Code section 15-18-82.1, which sets the requirements for executions in the state. “…A person convicted and sentenced to death for a capital crime at any time shall have one opportunity to elect that his or her death sentence be executed by electrocution or nitrogen hypoxia,” the section states, in part.
If an inmate does not choose a method of execution, the fallback is lethal injection.
How did we get here?
In 2018, the Alabama Legislature authorized the use of nitrogen hypoxia as a method of execution. At the time, several state legislatures were concerned about companies deciding they would no longer supply the drugs or compounds to states that use lethal injection as a method of execution.
Then-state Sen. Trip Pittman, a Baldwin County Republican, sponsored the legislation.
“It is not about whether or not we have a death penalty,” Pittman said in 2018 when the bill allowing for the use of nitrogen gas hypoxia as a method of execution passed the state Senate. “That is a separate debate. (It’s) whether there is a more humane method for people who are sentenced to death to be put to death.”
The ADOC has been notoriously tight-lipped when it comes to procedures and policies about any form of execution conducted in the state. Even released court documents heavily redact the specifics. The prison system has pointed to security concerns when asked why little information about the execution process is released.
In fact, the ADOC has routinely not released information about the drugs or compounds used for lethal injection executions. What little information that is known comes from court cases and documents.
The Montgomery Advertiser sent the following questions to the ADOC press office on Sept 11.
What drugs does Alabama use in lethal injection executions?
Where does the state obtain those drugs used in lethal injection executions?
Has the state ever run into problems obtaining the drugs used in lethal injections executions?
Does the state maintain a cache of drugs used in lethal injection executions? And if so, how long do those drugs in the cache remain effective?
The email request requested the agency respond to the questions by Sept. 17. No response has been received.
Protests against nitrogen gas hypoxia as an execution method continue.
“We believe the death penalty should be abolished in Alabama and in the U.S. entirely,” the American Civil Liberties Union said in a statement after the execution of Smith. “The justifications for ending it go beyond the cruel, dangerous, and tortuous methods employed. It’s a barbaric practice that too often condemns wrongly-convicted individuals to die and disproportionately kills people of color, people with low-income, people with intellectual disability, people living with mental illness, and others who are over-targeted for arrest and incarceration.
“The U.S. must stop inventing new and more heinous methods of execution, and put an end to it once and for all.”
Louisiana, Mississippi, Oklahoma and Nebraska also allow nitrogen gas hypoxia as an execution methods, according to the Death Penalty Information Center
Alan Eugene Miller’s crime
Miller, now 59, was convicted of killing 3 people during a pair of 1999 workplace shootings in suburban Birmingham. He was living in Autauga County at the time.
“The State of Alabama is prepared to carry out the execution of Miller’s sentence by means of nitrogen hypoxia,” the attorney general’s office wrote in the document calling for his execution, adding that Miller has been on death row since 2000 and that it is time to carry out his sentence.
Miller was set to be executed by lethal injection in September 2022, but staff could not gain access to his veins for the IV lines before his death warrant expired. Miller said that during the aborted 2022 lethal injection attempt, prison staff poked him with needles for over an hour as they tried to find a vein and at one point left him hanging vertically as he lay strapped to a gurney.
Miller and his defense team reached a deal with the state that lethal injection would not be used in a second execution attempt, choosing nitrogen gas hypoxia instead, court documents reveal.
Miller, a delivery truck driver, was convicted in the fatal workplace shootings of Lee Holdbrooks, Scott Yancy and Terry Jarvis. Prosecutors said Miller killed Holdbrooks and Yancy at one business and then drove to another location to shoot Jarvis. Each man was shot multiple times.
Testimony indicated Miller was delusional and believed the men were spreading rumors about him. Jurors convicted Miller after 20 minutes of deliberation and then recommended a death sentence, which a judge imposed.
(source: Montgomery Advertiser)
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Alabama man declared ‘mentally ill’ faces execution by method witnesses called ‘horrific’—-Alan Eugene Miller is set to be executed on Sept. 26 in the shooting deaths of three co-workers in Pelham in 1999. Records show an extensive history of mental illness and a traumatic childhood.
A man convicted of killing his coworkers over rumors about his sexuality is about to become the 2nd man in Alabama to be executed with nitrogen gas, a method that one witness described as “horrific.”
Alan Eugene Miller, 59, is set to be executed Thursday in the Aug. 5, 1999, murder of his current and former coworkers in two back-to-back attacks: Terry Jarvis, Lee Holdbrooks and Christopher Yancy.
The attacks happened at Post Airgas, a welding supply store, and Ferguson Enterprises, both in the suburban Birmingham city of Pelham. Miller killed the men because he believed Jarvis told Holdbrooks and Yancy that Miller was gay, according to court documents obtained by USA TODAY.
Despite a forensic psychiatrist testifying that Miller was “mentally ill at the time of the offenses,” the court sentenced him to death..
If Miller’s gassing moves forward he’ll be the fourth inmate executed in Alabama in 2024 and the 18th in the nation. His execution comes on the same day as Oklahoma plans to execute Emmanuel Littlejohn despite a clemency board’s recommendation that his life be spared over questions of his guilt.
Miller and Littlejohn are among 5 inmates the U.S. is executing in a 6-day period between Sept. 20 and 26, including Marcellus Williams, who was executed by Missouri on Tuesday despite strong doubts about his guilt.
As Miller nears his execution day, USA TODAY is looking back at his life, how he ended up on death row, and what to expect from the nitrogen gas method.
What did Alan Eugene Miller do?
On the morning of Aug. 5, 1999, Johnny Cobb opened the front door at Ferguson Enterprises to the sound of loud noises, screaming and the sight of Miller walking toward him with a pistol, according to court documents. “I’m tired of people starting rumors on me,” Miller told him.
Miller told Cobb to get out of his way, walked to his truck and drove away. Inside, 32-year-old Yancy and 28-year-old Holdbrooks were bleeding out from multiple gunshot wounds.
As Pelham police investigated the crime scene at Ferguson Enterprises, Miller was walking into his former workplace, Post Airgas, where coworkers Terry Jarvis and Andy Adderhold had just arrived, court records say.
Miller approached the sales counter and called out to Jarvis by saying: “Hey, I hear you’ve been spreading rumors about me,” court records say. Jarvis replied that he had not, and that’s when Miller shot him several times as Adderhold took cover behind the counter, court records say.
After shooting Jarvis, Miller pointed the gun at Adderhold’s face as he begged for his life, records say. Miller spared Adderhold’s life and told him to “get out right now” as the 39-year-old Jarvis was dying, according to the records.
Alan Eugene Miller convicted of murder, sentenced to death
Pelham police arrested Miller after finding him driving in his truck the same day. Once Miller was handcuffed, officers say they found a Glock lying on the driver’s seat and an empty ammunition magazine on the passenger seat.
A jury later found Miller guilty of shooting Holdbrooks 6 times, Jarvis 5 times and Yancy 3.
During Miller’s sentencing hearing a forensic psychiatrist named Charles Scott determined that Miller was “mentally ill” at the time of the murders, court documents say.
“In Dr. Scott’s opinion, Miller suffered from a delusional disorder that substantially impaired his rational ability,” according to the court document. “This delusional disorder – coupled with Miller’s history as a loner – resulted in Miller’s believing the people he worked with talked about him and that they had spread rumors about him. Miller believed that Terry Jarvis had told other employees at Post Airgas that Miller was a homosexual.”
Despite declaring Miller mentally ill, Scott said his condition did not meet the level of mania necessary to establish an insanity defense under Alabama law.
Who was Alan Eugene Miller before the murders?
Born on Jan. 20, 1965, Miller grew up with an extensive history of mental illness in his family, tracing back at least four generations, according to a federal appeals document filed in January 2013. While Miller had a close family dynamic with his mother Barbara, brother Richard, and half-sister Cheryl Ellison, records say his father’s drug use led to physical and psychological abuse.
At a young age, Miller’s family was constantly moving, he experienced “severe poverty,” and when his parents divorced, his mother and siblings spent years on welfare and food stamps, records say.
Miller’s mother remarried his father for financial reasons but court records say he struggled to hold a job, frequently thinking people were plotting against him or finding reasons to get angry with coworkers, court records say.
Barbara Miller described the homes that her family lived in as “junky, rat-infested, roach-infested, just falling in,” records say.
As a boy, Miller attended seven or eight different schools, sometimes even switching in the middle of the year. He had very few friends, and other children constantly made fun of Miller, calling him names because they could tell he was poor from his clothing, records say.
Before the murders, Miller had a “nonviolent nature” and a “good employment history,” according to his attorney.
Alan Eugene Miller’s execution represents a ‘moral apocalypse’
Miller is scheduled to become the 2nd death row inmate to be executed using nitrogen gas in Alabama. The 1st was in January with the execution of 58-year-old Kenneth Smith, who “appeared to convulse and shake vigorously for about four minutes” after the nitrogen gas began flowing, according to reporter Marty Roney, who witnessed the execution for the Montgomery Advertiser, part of the USA TODAY Network.
The Rev. Jeff Hood, a spiritual advisor who has witnessed more than a half dozen executions, was at Smith’s and described it as being by far “the most violent.”
“We’re talking about minutes and minutes of thrashing and spitting,” Hood told USA TODAY. “His head going up and down (and) back and forth. The (expletive) gurney that’s bolted to the floor started shaking.”
Miller, who survived a 2022 lethal injection attempt, weighs around 400 pounds and is what Hood called a “shell of a human being.”
“You’ve a got a situation where you’re going to strap a 400-pound man to a gurney, suffocate him to death and expect that to go well,” the reverend said, adding that this type of execution brings society closer to a “moral apocalypse.”
Attempt to prevent execution dismissed by federal judge
Miller’s attorneys asked a federal judge for a preliminary injunction in March to stop the upcoming execution, arguing that it violates the inmate’s right to be free from cruel and unusual punishment.
“Alabama is evidently unable to carry out a nitrogen hypoxia execution without cruelly super-adding pain and disgrace, and prolonging death,” a federal complaint filed by Miller’s attorneys says.
The attorneys also said Miller is obese, has asthmatic bronchitis, and receives a diabetic food tray where he’s housed at Holman Correctional Facility, according to the complaint.
The judge dismissed the request.
(source: usatoday.com)
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In Alabama, Officers Accused of Violence and Misconduct Carry Out Secretive Executions—-As the state keeps details around the death penalty hidden, an investigation into its execution team raises questions about how incarcerated people are treated in their final moments.
As the leader of Alabama’s execution team, Brandon McKenzie is sometimes the last person to touch a prisoner while they’re still alive. He has played a key role in executions, directing a team of around a dozen prison guards on execution nights and performing tasks that can impact how long it takes for someone to die or whether they feel pain.
Alabama prison officials gave McKenzie these responsibilities even after a prisoner accused the guard of smashing his head through a window, then driving him head-first into a concrete floor.
The injuries McKenzie inflicted were severe and lasting, according to a federal civil rights lawsuit filed by the prisoner, Lawrence Phillips, in May 2020. Phillips lost consciousness and was taken from Holman Correctional Facility in Atmore to a Mobile hospital. Medical records show he was treated for bleeding in his brain and received sutures, staples, and a neck brace.
“I’ve not been the same since, and my memory fades in and out at the time,” Phillips wrote in his complaint. “I have nightmares, accompanied with post traumatic stress from the fears of this happening to me again.”
McKenzie, who was promoted to captain 2 months after Phillips filed the lawsuit, claimed that he was acting in self-defense; attorneys from the state who represented the officer wrote in a legal filing that Phillips “angrily lunged” at McKenzie, who reacted by “using his elbow to protect himself and push inmate Phillips away, and they then collided with a glass window nearby.” Another incarcerated person who witnessed the altercation submitted an affidavit supporting Phillips’s account.
McKenzie didn’t respond to questions from Bolts and The Intercept about his role in executions or the allegations of abuse from Phillips.
While the Alabama Department of Corrections, or ADOC, ultimately concluded that the use of force was warranted, Katherine Nelson, a federal magistrate judge, thought the lawsuit against McKenzie should proceed. In a report and opinion denying the officer’s effort to resolve the case before trial, she wrote that a reasonable jury could conclude “that the force was applied maliciously and sadistically to cause harm, rather than in a good faith effort to restore or maintain order.” Court records show that in August 2023, McKenzie’s state lawyers and Phillips settled the suit. The settlement terms were not disclosed.
Meanwhile, McKenzie kept his job as captain and has overseen recent executions. That position earned him more than $135,600 last year, according to pay records reviewed by Bolts and The Intercept.
An investigation by Bolts and The Intercept into Alabama’s execution team shows that McKenzie isn’t the only execution team member who has previously been accused of violent behavior or mistreating incarcerated people. Earlier this year, Bolts and The Intercept were given a list of names of ADOC staff members on the execution team from a lawyer who asked not to be named out of fear of retaliation. Bolts and The Intercept have independently verified 14 names on the list through interviews, court records, and personnel files.
The records reveal that one officer on the team previously faced discipline for leaving a man hanging in his cell instead of cutting him down. Another member drunkenly attacked a jail guard in Florida. ADOC found that both of those men violated department policy.
Even after these incidents, ADOC allowed both of these officers to participate in executions, each earning more than $100,000 last year in a state where the median household income is around $62,000. One of them has been promoted since his infraction. The other was demoted.
Death penalty experts say that even these officers’ role on Alabama’s execution team raises questions about how incarcerated people are treated in their final moments. They say the officers’ backgrounds also hint at a culture of impunity among prison staff tasked with carrying out death sentences and reinforce concerns about Alabama’s ability to conduct executions as a regulated legal proceeding.
“A system that cannot be trusted to keep prisoners safe is a system that should not have the right to kill.”
Allowing these men to work executions “shows a disregard for the sanctity of the task of carrying out an execution,” Brian Stull, a senior staff attorney with the American Civil Liberties Union’s Capital Punishment Project, told Bolts and The Intercept. “A system that cannot be trusted to keep prisoners safe is a system that should not have the right to kill,” said Alison Mollman, legal director at the ACLU of Alabama.
Problems with the conduct of those who carry out executions in Alabama extend to leadership at Holman, a maximum-security prison that houses death row inmates and the state’s death chamber. In 1999, the prison’s warden, Terry Raybon, was fired from his job as a state trooper after two women accused him of domestic violence. No charges were filed against him. Under state law, Raybon is the executioner and is responsible for pushing lethal drugs and starting the flow of nitrogen gas.
Pointing to Raybon’s history, Mollman called the findings of Bolts and The Intercept’s investigation “unsurprising.”
ADOC did not respond to questions sent for this article, nor did the state attorney general and governor’s office. The execution team members named in this article also did not reply to requests for comment. Isaac Moody, another execution team member whose personnel record contained no history of violence or mistreatment, picked up the phone but was quick to end the call.
“We’re not allowed to talk to any media,” Moody said. “There’s an oath, code, we take. We don’t speak about it. I could lose my job.” When asked if the code was administered by the department, he said “yeah” and then hung up.
A History of Secrecy
The identities of the people involved in executions are a well-guarded secret.
14 states have enacted secrecy statutes to shield information about executions from the public since 2010. While Alabama has not passed such legislation, it remains “among the worst” states for execution transparency, says Robert Dunham, the director of the Death Penalty Policy Project.
ADOC has kept details of how Alabama carries out executions and the people behind them hidden. The state did not release its execution procedures until 2019, when it was ordered to do so by a judge. Even then, it only released a heavily redacted copy of the process the execution team is supposed to follow. State officials still continue to tightly guard records detailing the actors who carry out executions and fight in court against releasing information about their capital punishment practices.
The members of Alabama’s execution team are not medical or science professionals, and they work among the people they execute. Together, the team is supposed to ensure that death sentences are carried out as outlined in the state’s execution procedure manual by performing a series of tasks. In lethal injections, for example, some of these team members will secure the person to a gurney before a separate team, composed of medical personnel, sets IV lines. Despite their significant roles, the majority of their activities are performed in secret without witnesses.
Dale Baich, a federal public defender who represented death row prisoners for more than 30 years, stressed the importance of knowing the identities and personal histories of execution team members. “You don’t want someone who has a history of being abusive toward prisoners,” he said. “You don’t know if the person who is assigned to do the job is qualified.”
The backgrounds of execution team members have taken on more importance as the state argues to the courts that it should be allowed to continue to carry out death sentences with nitrogen gas, a method it first used when it executed Kenneth Smith in January. Under the method, the execution team carries out technical responsibilities such as monitoring oxygen levels and assembling equipment used to administer lethal gas, according to the state’s execution protocol.
Smith’s execution did not go as promised. Officials had said in court that Smith would lose consciousness “seconds” after the nitrogen began flowing. Instead, he writhed and thrashed in “seizure-like movements” for two minutes, according to The Associated Press, which was present. Another witness called it the “most violent” execution he’d ever seen. Alabama Attorney General Steve Marshall had a different opinion, calling the execution “textbook” and a “historic achievement.”
Alabama is now poised to conduct a 2nd death sentence with nitrogen on September 26, when it will execute Alan Eugene Miller, a man the state tried and failed to execute via lethal injection in 2022.
Miller’s lawyers have claimed the nitrogen method violates their client’s constitutional protections against cruel and unusual punishment. The state has responded by relying on testimony from McKenzie, the execution team captain, to argue that the state’s 1st nitrogen execution went as planned.
McKenzie, who was inside the death chamber for Smith’s execution and fitted the respirator mask to his face before the nitrogen gas started flowing, submitted an affidavit in July. Contrary to the statements of media witnesses, McKenzie wrote in his legal filing that “I did not see Smith make any violent or convulsive movements.” Miller’s lawyers later poked holes in McKenzie’s account, noting that the guard “miraculously” made very specific claims about Smith’s oxygen levels 7 months after the fact, despite “routinely not remembering other information related to the execution during his deposition,” and questioning whether he could have even seen the levels during the execution.
McKenzie is also involved in ensuring that executions do not violate constitutional protections against cruel and unusual punishment. During lethal injections, for instance, a team member is tasked with ensuring the person being executed is unresponsive after a sedative is administered so they don’t feel the pain of the following two drugs that will paralyze them and stop their heart. To do so, the team member is supposed to say the person’s name, brush their eyelids, and pinch their arm to determine whether they need more of the sedative before receiving the lethal drugs — a process that Bolts observed McKenzie perform during the execution of Keith Gavin in July.
As ADOC proceeds with nitrogen executions, Dunham, of the Death Penalty Policy Project, noted that the inconsistencies between the department’s narrative and witness testimony in executions over the last few years underscores the need for more transparency.
“Alabama officials have shown significant impairment in telling the truth that other people observe,” Dunham told Bolts and The Intercept. “When you have a state that has a history of secrecy and a history about lying about things that other people have seen with their own eyes, that tells you that oversight is critical.”
Dereliction of Duty
When Tarji Jackson’s nephew, Jamal Jackson, died by suicide on Alabama’s death row in 2020, she said Alabama prison officials didn’t call her about it, even though she was listed as next of kin. Instead, she learned the news through another family member. When Tarji called Holman, she was connected to the prison’s chaplain. “All I know is that Jamal hung himself,” she told Bolts and The Intercept. “They told me no details on nothing.”
An ADOC investigation later concluded that Christopher Earl, a then-lieutenant and member of the state’s execution team, had disregarded protocol for prisoner suicides. ADOC demoted Earl in 2020, finding that he did not immediately cut Jamal down or seek medical assistance, despite department policy instructing guards to first cut the ligature and give medical workers a chance for lifesaving measures. According to department records, Earl first ordered a nurse to go back to the infirmary before asking him to return to the cell, where Jamal’s body was left hanging for nearly 12 minutes after Earl first spotted him.
Afterward, Earl left work before Jamal’s body was picked up by the ambulance service, in violation of ADOC’s protocol for the deaths of incarcerated people.
Then-ADOC Commissioner Jefferson Dunn determined that Earl had committed four infractions including inattention to the job, noncompliance with policies and procedures, serious violation of the rules, and “disgraceful” conduct.
Since Jamal’s death, much of Tarji’s family has died, including her younger sister. She is still trying to understand what happened to her nephew but does not think Earl should have kept his job.
“For him to see my nephew in there, hang in and not do anything, and he’s still working. He should not be working. He shouldn’t even be at a desk in there,” she told Bolts and The Intercept.
Earl again was found to have violated ADOC policy a year later after he left three incarcerated people unsupervised in outdoor cages for three hours. He was suspended for three days. “The intent of this action is to emphasize the necessity for you to follow rules and regulations,” wrote Dunn in another letter to Earl. “Any similar infractions after this incident will result in further corrective action. Hopefully, your actions in the future will meet standards.”
Earl made more than $127,000 last year, according to pay records.
Bolts and The Intercept sent questions about Earl’s conduct to an email account and phone number associated with him. The email went unanswered. In response to the text messages, someone who identified herself as his wife said she would not ask Earl to get in touch and threatened a lawsuit if the news organizations contacted other numbers associated with his name.
“Sure we can set that up sometime between the hours of fuck off and never,” she wrote. “In case you didn’t know with the exhaustive amount of information you are able to access at the click of a button, members of an execution team don’t usually go on record.”
None of Earl’s violations have prevented him from participating in executions. Prior to the state’s attempted lethal injection of Alan Miller in 2022, Earl stood outside of Miller’s cell and alerted him that it was time to go to the execution chamber, according to a legal filing.
Miller is 1 of 6 U.S. prisoners to have survived his execution in the modern death penalty era. 3 of those failed executions occurred in Alabama since 2018.
During the state’s attempt to execute him, a prison guard hoisted the gurney vertically, leaving Miller, who weighed around 350 pounds, hanging in the air for 20 minutes. Eventually, Earl approached Miller and told him the death warrant had expired and guards ordered him to get off the gurney, according to a legal filing detailing the events of that evening. His body was so stiff that he asked the officers to help him bend his arms. Alabama officials never explained the maneuver, but it was not sanctioned in the state’s execution protocol that’s been publicly released.
In July, Miller sat for a deposition as part of a lawsuit he filed over Alabama’s plan to kill him with nitrogen. “I don’t concur with being gassed by incompetent people,” Miller told lawyers with the Alabama Attorney General’s Office. During the deposition, a state lawyer said that McKenzie, who had participated in the previous attempt to execute him, would be responsible for fitting the mask used to deliver the gas. Miller’s legal team has asserted that an improper fit would increase the risk of Miller suffering.
“It’s incompetent people fitting it,” Miller said during his deposition. “They need to be professionals, medical professionals, a third party or somebody, you know, like — are these people that are going to fit it, what’s their training?”
Alabama started executing people with nitrogen gas after a series of long and bloody lethal injections that appeared to deviate from ADOC’s execution protocol. Days after officials called off the execution of Kenneth Smith in November 2022, Gov. Kay Ivey ordered a moratorium on executions and called for a review of the state’s capital punishment system.
After just 3 months, Alabama wrapped up its “top-to-bottom” review of protocols in February 2023. In a letter announcing the evaluation had been completed, ADOC Commissioner John Hamm wrote that the department had reviewed its legal strategy on capital litigation, training procedures, and equipment on hand during executions. The two-page letter contained few details about the review and did not mention whether there would be increased oversight of ADOC staff who worked executions. One of the agency’s only significant changes was adding more medical personnel to participate in executions.
The agency has refused to release its full assessment.
As a prison guard working on death row at Holman, Halle Lambert says she was given the chance to join Alabama’s execution team. She declined. “It was not part of my beliefs,” Lambert told Bolts and The Intercept.
Lambert worked at Holman from September 2022 to November 2023, when she was arrested and fired for bringing in cigarette lighters and a cellphone. Prosecutors have alleged that she planned to sell those items. Lambert has pleaded not guilty, and the case is ongoing.
During her time at Holman, Lambert learned who was on the execution team because she worked at the prison on execution days. In an interview, she confirmed the identities of team members whose names were provided to Bolts and The Intercept, including Bruce Finch, another officer with a history of arrests and discipline for violating ADOC policy. Finch also participated in the nitrogen execution of Smith in January, according to an eyewitness who asked not to be named out of fear of professional retaliation.
Court records show that Florida police arrested Finch in November 2019 for trespassing outside a concert by heavy metal band Five Finger Death Punch in Pensacola, just over the state line. According to a police report, Finch became “belligerent” with officers who had first given him a warning and ordered him to leave. Police took him to the Escambia County jail, where he grew so agitated that a guard eventually pepper sprayed him.
Finch then charged at the guard and slapped him on the shoulder. The guard tried to handcuff Finch, but Finch “grabbed his face with his hand covering his nose and mouth,” making it difficult for the guard to breathe, according to the report. The fight escalated so much that another jail guard went into the room and tased Finch.
Prosecutors charged him with battery on a law enforcement officer, a third-degree felony that carries a maximum sentence of five years in prison and a $5,000 fine.
Finch pleaded no contest to the charges, and four months after the arrest, a prosecutor agreed to not seek a conviction so long as he met certain criteria — such as undergoing evaluation for substance use, attending anger management, abstaining from alcohol, and paying a $100 fine. By mid-October of 2020, a probation officer said that Finch had completed his pretrial intervention program and sent the case back to prosecutors to dismiss the charges.
Finch, however, did not report the incident to ADOC, which eventually learned of the arrest. In May 2021, the department suspended him without pay for three days for failing to report it and other violations of the agency’s code of conduct.
Bolts and The Intercept found that Finch had been arrested other times as well.
According to his personnel file, he was arrested for driving under the influence in Texas in 2017, for which he completed a pretrial diversion program. Another DUI, in Atmore in 2018, was dismissed.
In January 2024, Florida police arrested Finch for drunk driving, writing in a report that he “continuously swerved” on the road and had an empty beer can in the center console of his car when they pulled him over. Records state Finch was “obviously unsteady on his feet” during a field sobriety test and blew .147 and .138 on a Breathalyzer. The legal limit is .08.
In May, he was sentenced to a year probation under the conditions that he undergo substance use evaluation, doesn’t drink alcohol, and submits to random urinalysis tests. His driver’s license was also revoked for 6 months.
ADOC paid him more than $104,000 last year, pay stubs show.
According to Lambert, Finch joined Alabama’s execution team after he was promoted to lieutenant at Holman in November 2022. She said some of the team members are retired prison guards who come back for executions.
It was previously unknown how Alabama selects its execution team. No one on the state’s squad has ever gone public. The few available details about team members and their experiences have been limited to staff in other states who have spoken to the media.
In Alabama, staff volunteer to be on the team and the existing group votes on who can join, Lambert said. She said there’s no financial incentive to join, aside from overtime pay.
Curious about why her colleagues would be a part of executions, Lambert said she asked about their motives. She said one execution team member told her he could feign PTSD and retire early. She said another officer, who was a devout Christian, told her that he was “doing justice.”
(source: Lauren Gill, Daniel Moritz-Rabson; theintercept.com)
INDIANA—-impending execution
Indiana to resume executions as convicted serial killer William Clyde Gibson remains on death row
The state of Indiana will begin executing death row inmates later this year, a move that brought renewed interest in the future of a New Albany serial killer who has lost each of his appeals in front of the state Supreme Court.
In June, Indiana Gov. Eric Holcomb and Attorney General Todd Rokita announced the state would resume executions in Indiana prisons. The last execution was in 2009, when convicted murderer Matthew Wrinkles was put to death at the Indiana State Prison in Michigan City.
The 1st death row inmate to be executed after the announcement will be Joseph Corcoran, who exhausted all his appeals after his conviction in 1997 for the murder of 4 people. He’s scheduled to be put to death Dec. 18.
“We are profoundly disappointed in the setting of the date,” Corcoran’s attorney recently said. “We strongly believe that there was a means for the Indiana Supreme Court to address the questions raised, especially when we are talking about executing someone who is so profoundly mentally ill, something the attorney general conceded. We will consider our options going forward given the Indiana Supreme Court indicated that there are procedures to raise these issues.”
But the state of Indiana said Corcoran doesn’t have any appeals left.
Holcomb, speaking at a One Southern Indiana event in New Albany, wouldn’t comment on a potential schedule of executions after Corcoran but said there’s 1 other death row inmate who has “exhausted their appeals.”
8 men remain on death row in Indiana.
“This was … resuming what under state law compels us to do,” Holcomb said in Louisville on Monday. “And we’ll do that. We’ll do just that. We’ll carry it out It would be dereliction of duty on my part had I not sought the means to carry out the sentence. And so there we are. And we’ll get by that day. It’s not a day I look forward to, nor do I think anyone would. But we’ll do it and we’ll do our job and we’ll move on.”
The state won’t confirm who exactly that inmate is, but 1 of the 8 remaining death row inmates will be instantly recognizable to most Louisville-area residents: William Clyde Gibson.
‘Cold-blooded killer’
The case rocked a small New Albany neighborhood when, in 2013, Gibson was convicted of killing 3 women.
Court documents show that, in March 2012, Gibson invited Stephanie Kirk, 35, to his home, where, in an extended attack, he brutally strangled her to death and sexually assaulted her corpse. Gibson hid her naked and broken body in his garage overnight and buried her the next day in a shallow grave in his backyard.
“He’s just a sick person,” said Tony Kirk, Stephanie’s father. “He’s pure evil. He’s not insane. He’s not stupid. He’s just a cold-blooded killer.”
The following month, the documents show, Gibson invited to his home his late mother’s best friend, Christine Whitis, 75, whom he also violently strangled to death before sexually abusing her corpse. He dragged Whitis’ nude and lifeless body to the garage, where he severed one of her breasts before leaving for a night out drinking at bars.
Gibson’s sisters found Whitis’ body the following day and contacted police. Gibson was arrested that evening after a brief car chase. In the vehicle’s center console, authorities found Whitis’ severed breast.
“You’ve got be crazy to do some of the things he did,” said Mike Whitis, Christine’s son. “… He knows he did something very terrible to my mother and Stephanie Kirk, and I think, looking at my eyes ,that reminds him each and every time. That’s what I want. I want him to feel that and relive that for as many days as he has left here.”
While in custody, Gibson confessed to killing Karen Hodella, whose murder had gone unsolved since police had found her decomposing body in 2003. On Oct. 10, 2002, Gibson told police that the date of Hodella’s death — Oct. 10, 2002 — is tattooed on his arm.
Gibson was given a 65-year prison sentence for murdering Hodella and received a death sentence in 2013 for the Whitis murder and in 2014 in the Kirk murder.
He appealed both death sentences, but the Indiana Supreme Court upheld the death sentence in the Whitis murder in 2015 and in the Kirk murder in 2016.
Gibson’s most recent appeal was upheld in October 2019 and remains at the Indiana State Prison in Michigan City with seven other death row inmates. His execution date was originally scheduled for 2014.
“I don’t think somebody like that needs to be anywhere, but put to death,” Tony Kirk said.
In Kentucky, 25 inmates remain on death row 17 years after the last execution. There’s been a hold on executions in the state since 2010 over concerns about the inmates’ mental health and the state’s drug protocol used in lethal injections. Marco Allen Chapman was the last person executed.
According to a recent study by the Death Penalty Information Center, there are more than 2,200 inmates sitting on death row nationwide, with the largest number in California. 23 states have abolished the death penalty.
(source: WDRB news)
MISSOURI—-execution
Missouri Man Executed After Long Fight for Exoneration—-Marcellus Williams, who was convicted of a 1998 murder in suburban St. Louis, maintained he was innocent. But the courts and the governor were not persuaded.
The state of Missouri executed Marcellus Williams on Tuesday evening by lethal injection, over the objections of the local prosecutor whose office obtained Mr. Williams’s murder conviction in 2003.
Mr. Williams, who for decades maintained his innocence, had in recent days sought clemency from the governor and a stay of execution from the State Supreme Court. But on Monday, both the governor, Mike Parson, and the State Supreme Court turned him down, and on Tuesday the U.S. Supreme Court, his last hope, declined to intervene.
He was pronounced dead at 6:10 p.m. at a state prison in Bonne Terre, the Missouri Department of Corrections said in a statement.
Mr. Williams’s lawyer, Tricia Rojo Bushnell of the Midwest Innocence Project, said it was unjust to execute a man when the prosecutor’s office had admitted it was wrong and had fought to overturn the death sentence. “The execution of an innocent person is the most extreme manifestation of Missouri’s obsession with finality over truth, justice and humanity,” she said.
“Marcellus Williams should be alive today,” the local prosecutor, Wesley Bell, said in a statement. “There were multiple points in the timeline when decisions could have been made that would have spared him the death penalty.”
Over the years Mr. Williams, 55, had received stays of execution — one in 2015 and one in 2017 — but neither led to his conviction’s being thrown out.
A law enacted in 2021 gave him another path to challenge his conviction in the 1998 killing of Felicia Gayle, a well-known newspaper reporter, in her suburban St. Louis home. Under the law, prosecutors can bring a motion to overturn a conviction if they believe there has been a miscarriage of justice. Mr. Bell, the prosecuting attorney for St. Louis County, reviewed Mr. Williams’s case and filed such a motion last January.
The law has been used only a handful of times. In the 3 cases that proceeded to the hearing stage, judges agreed to exonerate the defendants in question. But Mr. Williams’s case turned out to be different.
Mr. Bell’s 63-page motion contended that there had been several violations of Mr. Williams’s constitutional rights during the investigation and the trial. In the filing, Mr. Bell asserted that a defense lawyer had not presented mitigating evidence that could have spared Mr. Williams the death penalty and that a prosecutor had improperly rejected Black potential jurors, resulting in a jury with 11 white members and one Black member. Mr. Williams was Black, and Ms. Gayle, the victim, was white.
Mr. Bell, a Democrat who recently won the Democratic primary for a congressional seat, also wrote that there was ample reason to believe that Mr. Williams was innocent. He detailed multiple issues with the credibility of the 2 key witnesses against Mr. Williams and noted that Mr. Williams was not the source of footprints or hairs found at the crime scene, nor of DNA found on the murder weapon.
Mr. Williams did sell a laptop computer that was stolen from Ms. Gayle’s home, but Mr. Bell said there was evidence that he had received the computer from his girlfriend, who became one of the 2 witnesses against him in the belief that she would receive leniency in her own criminal cases, he said. Both witnesses died in the intervening years.
While the motion by Mr. Bell’s office wended its way through the court system, the state attorney general, Andrew Bailey, a Republican who was facing his own primary election challenge, asked the State Supreme Court to set an execution date for Mr. Williams. The court scheduled the execution for Sept. 24.
A hearing on Mr. Bell’s motion was scheduled for August. But just before that date, his office received a new analysis of the DNA on the murder weapon, a kitchen knife. Instead of pointing to an unknown suspect, which would have bolstered the case for Mr. Williams’s innocence, the analysis showed that the knife had been handled by a prosecutor and an investigator at the trial.
The finding led Mr. Bell to back away from the assertion that Mr. Williams was innocent. Instead, he offered Mr. Williams a deal that would have taken him off death row. Ms. Gayle’s widower approved of the deal, but Mr. Bailey, the attorney general, objected. He said that the law that had allowed Mr. Bell to bring the motion to overturn did not allow him to come up with a new sentence.
The State Supreme Court agreed with Mr. Bailey, saying that the judge, Bruce Hilton, had to hold the hearing after all. At the hearing, Mr. Bell’s office focused on the claims of constitutional violations, questioning the original prosecutor in the case about why he had handled the murder weapon without gloves and why he had struck Black prospective jurors from the jury pool.
The prosecutor, Keith Larner, testified that in one case he had excluded a prospective Black juror because he closely resembled the defendant. “They looked like they were brothers,” he said.
He also said that the knife had already been tested and that it was not understood at the time that touch could leave traces of DNA on evidence.
First Judge Hilton and then the State Supreme Court rejected Mr. Bell’s arguments, saying that multiple courts and hearings had found that Mr. Williams was guilty and that there was no credible evidence of constitutional violations. Supporters of Mr. Williams, including the N.A.A.C.P., the Council on American-Islamic Relations, Representative Cori Bush of Missouri and Sir Richard Branson, the music magnate and death penalty opponent, called for clemency.
Governor Parson, a Republican, declined those calls on Monday, saying that Mr. Williams’s guilt was a settled matter.
Mr. Williams became a Muslim while in prison and took the name Khaliifah. He appeared in court in recent weeks in the white skullcap that signifies Islamic devotion, and he chose to have an imam present with him in the execution chamber.
When he was offered the chance to write a final statement to be released by the Missouri Department of Corrections, Mr. Williams wrote, “All Praise Be to Allah in Every Situation!!!”
(source: Shaila Dewan covers criminal justice — policing, courts and prisons — across the country—-New York Times)
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Missouri executes Marcellus Williams despite prosecutors’ push to overturn conviction—-Williams long maintained his innocence and the killing was opposed by victim’s family, jurors and office that tried him
Missouri executed a man on death row on Tuesday, despite objections from prosecutors who sought to have his conviction overturned and have supported his claims of innocence.
Marcellus “Khaliifah” Williams, 55, was killed by lethal injection, ending a legal battle that has sparked widespread outrage as the office that originally tried the case suggested he was wrongfully convicted.
In an extraordinary move condemned by civil rights advocates and lawmakers across the US, Missouri’s Republican attorney general, Andrew Bailey, pushed forward with the execution against the wishes of the St Louis county prosecuting attorney’s office.
Williams was convicted of the 1998 killing of Lisha Gayle, a social worker and former St Louis Post-Dispatch reporter. He was accused of breaking into Gayle’s home, stabbing her to death and stealing several of her belongings.
But no forensic evidence linked Williams to the murder weapon or crime scene, and as local prosecutors have renounced his conviction, the victim’s family and several trial jurors also said they opposed his execution.
“We must all question any system that would allow this to occur. The execution of an innocent person is the most extreme manifestation of Missouri’s obsession with ‘finality’ over truth, justice, and humanity, at any cost,” Tricia Rojo Bushnell, Williams’s attorney, said in a statement just before the execution. “Tonight, we all bear witness to Missouri’s grotesque exercise of state power. Let it not be in vain. This should never happen, and we must not let it continue.”
Williams’s son and 2 of his attorneys watched the execution from another room, the AP reported. Williams appeared to speak with a spiritual adviser by his side in his final moments. In a written “last statement” released by corrections officials, he said: “All Praise Be to Allah In Every Situation!!!”
Williams, who served as the imam in his prison and dedicated his time to poetry, twice had his execution halted at the last minute. He was days away from execution in January 2015 when the Missouri state supreme court granted his attorneys more time for DNA testing. In August 2017, Eric Greitens, the Republican governor at the time, granted a reprieve hours before the scheduled execution, citing DNA testing on the knife, which showed no trace of Williams’s DNA.
Greitens set up a panel to review the case but when Mike Parson, the current Republican governor, took over, he disbanded that board and pushed for the execution to proceed.
In January, Wesley Bell, the Democratic prosecuting attorney in St Louis who has championed criminal justice reforms, filed a motion to overturn Williams’s conviction. Bell cited repeated DNA testing finding that Williams’s fingerprints were not on the knife.
“Ms Gayle’s murderer left behind considerable physical evidence. None of that physical evidence can be tied to Mr Williams,” his office wrote, adding: “New evidence suggests that Mr Williams is actually innocent.” He also asserted that Williams’s counsel at the time was ineffective.Additional testing on the knife, however, revealed that staff with the prosecutors’ office had mishandled the weapon after the killing – touching it without gloves before the trial, Bell’s office said. A forensic expert testified that the mishandling of the weapon made it impossible to determine if Williams’s fingerprints could have been on the knife earlier.
In August, Williams and prosecutors reached an agreement to halt his execution: he would plead no contest to 1st-degree murder in exchange for a new sentence of life without parole. His lawyers said the agreement was not an admission of guilt, and that it was meant to save his life while he pursued new evidence to prove his innocence. A judge signed off on the agreement, as did the victim’s family, but the attorney general challenged it, and the state supreme court blocked it.
Last-ditch efforts by both Williams’s lawyers and St Louis prosecutors were unsuccessful in recent days. In a plea over the weekend, Bell’s office said there were “constitutional errors” in Williams’s prosecution and pointed to recent testimony from the original prosecutor, who said he rejected a potential Black juror because he looked like he could be Williams’s “brother”. The jury that convicted him had 11 white members and one Black member.
The governor also rejected Williams’s clemency request on Monday, which noted that the victim’s family and 3 jurors supported calls to revoke his death sentence. The US supreme court denied a final request to halt the execution on Tuesday, with the 3 liberal justices dissenting.
The attorney general argued in court that the original prosecutor denied racial motivations for removing Black jurors and asserted there was nothing improper about touching the murder weapon without gloves at the time.
Bailey’s office has also suggested that other evidence points to Williams’s guilt, including testimony from a man who shared a cell with Williams and said he confessed, and testimony from a girlfriend who claimed she saw stolen items in Williams’s car. Williams’s attorneys, however, contended that both of those witnesses were not reliable, saying they had been convicted of felonies and were motivated to testify by a $10,000 reward offer.
Bailey and Parson have not commented on their decision to override the wishes of the victim’s family, but have pointed to the fact that the courts have repeatedly upheld Williams’s conviction throughout his years of appeals.
‘A kind and thoughtful man’
Williams’s execution was widely denounced Tuesday evening.
Derrick Johnson, NAACP president, said Missouri had “lynched another innocent Black man”. Missouri congresswoman Cori Bush said the state had failed Williams, adding: “We have a moral imperative to abolish this racist and inhumane practice.” And Bell said: “Marcellus Williams should be alive … This outcome did not serve the interests of justice.”
Bushnell, Williams’s attorney from the Midwest Innocence Project, praised Williams’s “evocative poetry” and “service to his family and his community”, saying he had been a “kind and thoughtful man, who spent his last years supporting those around him in his role as imam”.
“While he yearned to return home, he … worked hard to move beyond the anger, frustration, and fear of wrongful execution, channeling his energy into his faith and finding meaning and connection through Islam. The world will be a worse place without him,” she said.
Williams’s public defenders said the governor had “utterly ignored” the victim’s family, adding in a statement: “Khaliifah was an inspiration. We aspire to his level of faith, to his integrity, and to his complete devotion to the people in his life.”
Michelle Smith, co-director of Missourians to Abolish the Death Penalty, who considered Williams a mentor, said in an interview before the execution that she hoped his case would help the public understand that “capital punishment doesn’t work”.
“I know people who say: ‘We shouldn’t kill innocent people, but other than that, I believe in the death penalty.’ But if you believe in the system at all, that means you’re OK with innocent people being killed, because the system isn’t perfect. It is going to kill innocent people.”
Since 1973, at least 200 people sentenced to death have been exonerated, according to the Death Penalty Information Center. Robin Maher, the group’s executive director, said she was unaware of another case in which someone was executed after a sitting prosecutor objected and confessed to constitutional errors that undermined the conviction.
Williams’s execution is o1 of 5 scheduled across the US in a 1-week period. On Friday, South Carolina executed a man days after the state’s main witness recanted his testimony. On Tuesday, the state of Texas executed Travis Mullis, 38, who waived his right to appeal his death sentence for killing his 3-month-old son in 2008. His attorney said he suffered a lifetime of “profound mental illness”, but was a “redeemed man” who accepted responsibility for his crime.
(source: The Guardian)
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Marcellus Williams’ death penalty case pitted liberal Supreme Court justices against conservative justices and the divide among the court is something rarely seen in requests for stays of execution.
Williams’ 2001 murder conviction was called into question by the current prosecuting attorney for St. Louis County, Missouri, who questioned if the 55-year-old’s constitutional rights were violated. The victim’s family also opposed his execution and Williams hoped for a last-minute stay from the Supreme Court to halt his execution, something the court has only granted once this term.
Hours before Williams’ execution in Missouri was set to take place, the Supreme Court denied a petition to stay his execution. Supreme Court Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson would have granted the request, although, they did not make note of why.
The Supreme Court has ruled on nearly 30 death penalty stays in the last term and was united in their opinions in all but three cases, including Williams’. On Friday, the Supreme Court denied Freddie Owens’ request to stay his execution, but Sotomayor said she would have granted it. Days before the 46-year-old’s execution, a key witness, Steven Golden, told the South Carolina Supreme Court that he lied on the stand.
“I thought the real shooter or his associates might kill me if I named him to the police,” Golden said in a court filing.
Owens wasn’t even at the convenience store when Irene Graves, a clerk, was fatally shot in 1997, according to Golden, a co-defendant in the case. South Carolina Supreme Court rejected requests to stay his execution, calling recanted testimony “among the least reliable evidence.” Owens died by lethal injection on Friday night.
In October, the Supreme Court agreed to vacate a stay of execution for Jedidiah Murphy, a Texas man convicted of the 2000 fatal shooting of 80-year-old Bertie Lee Cunningham. Murphy challenged the DNA testing of evidence used to convict him at his 2001 trial and the 5th Circuit of Appeals upheld a federal judge’s order delaying the execution. However, the Texas attorney general appealed the ruling to the Supreme Court, which sided in Texas’ favor and overturned the lower court’s stay, allowing the execution to proceed.
Sotomayor, Kagan and Jackson all disagreed with the majority of the court and said they would have denied the application to overturn the stay.
It’s extremely rare for the Supreme Court to grant a stay of execution and has only happened once this term. In July, the Court granted a last-minute stay for Ruben Gutierrez, who was convicted in 1999 for killing an elderly woman in Texas during a robbery. He argues that DNA testing would prove he wasn’t involved in her murder. The Supreme Court previously halted his execution in 2020, as well.
Williams was convicted of killing Felicia Gayle, a former reporter for the St. Louis Post-Dispatch on August 11, 1998. Williams’ DNA didn’t match forensic evidence that was found at the crime scene and he maintained his innocence. His attorneys argued that the witnesses used to convict him were unreliable, and in 2017, former Missouri Governor Eric Greitens appointed a board of inquiry to investigate Williams’ DNA claims.
However, when Governor Mike Parson came into office in 2023, he disbanded the board before it could issue its final report and the attorney general set a new execution date for Williams.
“We could stall and delay for another 6 years, deferring justice, leaving a victim’s family in limbo, and solving nothing,” Parson said in June 2023. “This administration won’t do that.” (source: newsweek.com)
OKLAHOMA—-impending execution
The Late Pastor Reed urged Gov. to stop Emmanuel Littlejohn execution—-“I ask you to consider the full measure of justice, and to weigh the potential for transformation against the finality of execution,” the late Pastor Reed wrote.
With less than 2 days before the state of Oklahoma executes Emmanuel Littlejohn, a letter written by OKC’s late Rev. Dr. John A. Reed Jr., known locally as “Pop Reed”, has been sent to the Governor’s Office asking him to commute the sentence.
The longtime religious and civil rights leader served for more than 61 years as Pastor of Fairview Missionary Baptist Church in OKC.
“As a pastor and a servant of the Lord, I have dedicated my life to guiding my community with the principles of justice and grace,” Pastor Reed Jr. wrote in a letter dated August 16, just 10 days before his death. It was sent to Gov. Stitt Monday by Rev. Jon Middendorf, after receiving family approval.
“It is with these principles in mind that I urge you to reconsider the decision to execute Mr. Littlejohn and to grant him clemency,” the late Rev. Dr. Reed Jr. wrote.
Emmanuel Littlejohn, 52, faces execution Thursday morning at 10 a.m. for a deadly 1992 robbery. He maintains he wasn’t the person who shot southeast OKC Root-N-Scoot store owner Kenneth Meers during the robbery. His co-defendant, Glenn Bethany, is serving life without parole.
The victim’s family said Meers’ killing forever changed their lives. “Everything in our lives was affected and cannot and will not forgive this man for carelessly deciding Kenny’s life meant nothing,” Bill Meers said.
Yet no physical evidence has tied Littlejohn to the being the shooter.
“Is it justice for a man to be executed for an act that prosecutors argued another man committed when the evidence of guilt is inconclusive?” Assistant Federal Public Defender Callie Heller asked during his clemency hearing on August 7.
The Oklahoma Pardon and Parole Board recommending clemency in a 3-2 vote. Yet Gov. Stitt has refused to say whether he will stop Thursday’s execution.
“Emmanuel Littlejohn’s case presents significant concerns that challenge the justness of the ultimate punishment,” Pastor Reed Jr. stated in his letter to the Governor.
“Since his conviction, new information has come to light, raising serious questions about the fairness of his trial and the adequacy of his legal representation. As someone who has seen firsthand the transformative power of grace and forgiveness, I ask that you consider the possibility of redemption in Mr. Littlejohn’s life.”
Stitt has ignored three past recommendations for clemency, and he’s only granted a commuted sentence once in 2021. It came four hours before the planned lethal injection of Julius Jones and followed months of statewide protests.
“I know that he’s a good man. I pray that you would please save my life,” Emmanuel Littlejohn stated in a recording shared by Death Penalty Action, an anti-death penalty group that has placed billboards up across OKC urging Stitt to stop his execution.
“Governor, please think about it. Please save my child,” Ceily Mason, Littlejohn’s mother, stated in a similar recording.
In a message to the Black Wall Street Times Monday, the same day Rev. Dr. Reed Jr.’s letter was sent, Gov. Stitt’s press secretary reiterated his past stance of not making a public decision before the execution date.
“Governor Stitt has met with those involved in the case, including family members, prosecutors, victims, and the defense. The Governor has not reached a decision in this case yet, and he continues to prayerfully and carefully considers the facts, evidence, and recommendations from the Pardon and Parole Board,” the Governor’s press secretary Meyer Siegfried stated via email.
Gov. Stitt has approved the execution of 11 people since 2020. Meanwhile, calls for a moratorium on state executions are growing in the Oklahoma Legislature. A bill that would’ve enacted a moratorium failed to reach the House floor for a vote last session.
“Governor Stitt, I do not write to you lightly, nor do I seek to diminish the pain that has been caused by Mr. Littlejohn’s actions. Rather, I ask you to consider the full measure of justice, and to weigh the potential for transformation against the finality of execution,” Pastor Reed wrote.
Ultimately, it’s unclear whether Gov. Stitt will lead in the spirit of violent retribution found in the Old Testament or the spirit of mercy, grace and redemption found in the New Testament.
“Emmanuel… How can I say it? Killing my son, you’d be killing me too. I wasn’t a good mother. God gave me a second chance. Give my son a second chance, please,” Mason said.
(source: theblackwallstreetimes.com)
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‘The hardest thing’: Emmanuel Littlejohn, recommended for clemency, now facing execution—-The state’s parole board recommended Littlejohn for clemency after hearing arguments that his guilt is unclear. Ultimately, it’s the governor’s call. Littlejohn is asking him to do ‘the right thing’
Emmanuel Littlejohn has been waiting for months to find out whether he will die on Thursday or get to live. It’s been “the hardest thing I ever did.”
Littlejohn, 52, is set to be executed for the shooting death of a convenience store owner during a robbery in Oklahoma City in 1992. If Republican Oklahoma Gov. Kevin Stitt declines to grant him clemency, Littlejohn will be the 3rd inmate executed by the state this year and the 17th in the nation. He’s also 1 of 5 men the U.S. is executing in a 6-day period, and he’s set to die just about eight hours before Alabama is expected to execute Alan Eugene Miller using nitrogen gas.
“I would say to the governor: Do what you think is the right thing,” Littlejohn told USA TODAY in a recent interview.
Littlejohn has admitted to his role in the robbery but has maintained that his accomplice was the one to pull the trigger, not him.
“I accept responsibility for what I did but not what they want me to accept responsibility for,” Littlejohn previously told USA TODAY. “They want me to accept that I killed somebody, but I haven’t killed somebody.”
In a rare move, the Oklahoma Pardon and Parole Board voted 3-2 to recommend clemency for Littlejohn, whose legal team argued that the evidence in the case was unclear, especially who the triggerman was.
Still, Republican Oklahoma Attorney General Gentner Drummond said afterward that his office would still be arguing against clemency to the governor, calling Littlejohn a “violent and manipulative killer.”
What was Emmanuel Littlejohn convicted of?
Littlejohn was 1 of 2 robbers who took money from the Root-N-Scoot convenience store in south Oklahoma City on June 19, 1992. Littlejohn was 20 years old at the time.
Kenneth Meers, 31, was killed by a single shot to the face as he charged at the robbers with a broom. Witnesses differed on who fired the gun.
Clemency activists for Littlejohn pointed to witnesses who said the “taller man” was the shooter, referring to the other robber, Glenn Bethany. The state put forward court testimony from the survivors of the robbery who identified Littlejohn as the shooter during the clemency hearing.
Bethany was convicted of 1st-degree murder and sentenced to life in prison without the possibility of parole in 1993.
Littlejohn was convicted of 1st-degree murder and sentenced to death in 1994. A 2nd jury in 2000 also voted for the death penalty at a resentencing trial. The Oklahoma Court of Criminal Appeals ordered the resentencing because of improper testimony from a jailhouse informant.
Littlejohn’s rough childhood, violent past
Prosecutors argued at the clemency hearing that the shooting was the result of a debt owed by Littlejohn and Bethany, who were selling drugs at the time.
Littlejohn had recently been released from prison after pleading guilty and being convicted of burglary, assault and robbery, according to the state’s anti-clemency packet.
During the clemency hearing, Littlejohn’s attorneys said the inmate’s childhood was influenced by his mother’s addictions and violent surroundings. The lawyers presented a video in which his mother admitted to using drugs throughout her pregnancy and during Littlejohn’s childhood, becoming sober after her son was sentenced to death.
“At the time of the robbery of the Root-N-Scoot, (Littlejohn’s) 20-year-old brain was still developing in crucial areas and, given his disadvantaged childhood including frequent exposure to violence and drugs, his brain was already vulnerable and less developed than the typical 20-year-old’s,” Littlejohn’s attorneys wrote in their clemency packet.
Littlejohn’s attorneys argued that he had used his time in prison to grow up and was now a positive role model for his daughter and grandchildren.
Littlejohn told USA TODAY in his most recent interview that his family gave him strength through the clemency process.
“When you’re in a position like this you find out who loves you and who really cares about you,” Littlejohn said.
Littlejohn seeks forgiveness, victim’s family rejects it
Littlejohn told USA TODAY ahead of the clemency hearing that he sought the family’s forgiveness.
“I’ve had someone kill my cousin and her baby. They were put on death row and I wanted him to be executed,” Littlejohn said. “I understand their emotions and I pray for them. But I didn’t kill their son.”
Littlejohn reiterated his plea to the Meers family during his statement in the clemency hearing.
“Hear me now, I’m sorry,” Littlejohn said. “Oklahoma, nor the Meers family, will be better by killing me.”
The Meers family is in favor of the state executing Littlejohn, describing Meers as a community-minded man who always helped those less fortunate than himself.
“I believe my mom died of a broken heart,” Bill Meers said about his brother during the clemency hearing. “I cannot and will not forgive this man for carelessly finding Kenny’s life meant nothing.”
Anti-death penalty reverend fights for Emmanuel Littlejohn
Littlejohn has been at the center of a clemency campaign led by the Rev. Jeff Hood, anti-death penalty activist who has witnessed seven executions in various states.
“I believe Emmanuel wasn’t the shooter but on a very basic level, before the parole board, you got ambiguity,” Hood previously told USA TODAY in an interview. “I believe that the district attorney and the prosecutors created a situation where it should be impossible to execute someone because you aren’t sure that the person that you’re executing is the actual shooter.”
The clemency movement has echoed the one for of Julius Jones, the only person sentenced to death to receive clemency since Governor Stitt lifted a moratorium on executions in 2020.
Central to Littlejohn’s appeal was a claim of prosecutorial misconduct. His attorneys complained the same prosecutor argued at the 1st trial that Bethany was the shooter and then argued at the subsequent trial that Littlejohn was the shooter.
“How can you kill someone and you are unsure that somebody has killed someone?” Hood said. “It’s very clear that they’re not sure, because they’re not saying that in statements. All they’re saying is, he’s a remorseless killer.”
(source: usatoday.com) ***********************
Death Row inmate Emanuel Littlejohn fights for life in final appeal
Death Row inmate Emmanuel Littlejohn is making a final appeal to Oklahoma Governor Kevin Stitt while his execution is set for this week.
Emmanuel Littlejohn has spent 30 years on death row for the murder of convenience store manager Kenny Meers who was shot and killed during a robbery in 1992.
Clemency recommended for death row inmate
According to Littlejohn, he claims he is not responsible for Mears death and says his accomplice pulled the trigger. Oklahoma’s Pardon and Parole Board recommended clemency for Littlejohn in a recorded message released on Monday. Littlejohn is asking Governor Stitt to spare his life.
As of this publishing, Governor Stitt’s office has not responded. The execution is set to be carried out this Thursday in McAlester.
(source: KFOR news)
USA:
Harris won’t say whether she still wants to end death penalty
For 2 decades, Vice President Harris has opposed the death penalty. Now her campaign is declining to say whether she’d fight to end it as president.
Why it matters: Harris and her team have dodged questions about what she believes on several policy fronts as she’s changed some of the liberal positions she’s held.
Driving the news: In a shift, the Democratic Party changed its official platform this summer to remove opposition to the death penalty, which a small majority of Americans support.
The party’s platforms in 2016 and 2020 had called for ending capital punishment.
“We will abolish the death penalty, which has proven to be a cruel and unusual form of punishment,” the 2016 platform said.
But that language didn’t appear in Democrats’ 2024 party platform, which was drafted and voted on in mid-July, before President Biden dropped out of the race.
Asked whether Harris supports legislation or would sign an executive order to end the death penalty, her campaign did not respond.
Zoom in: Harris has a long record of opposing the death penalty.
As a presidential candidate in September 2019, she rolled out a criminal justice reform plan that included ending it.
“Kamala believes the death penalty is immoral, discriminatory, ineffective and a gross misuse of taxpayer dollars,” her campaign website read.
In March 2019, she praised California Gov. Gavin Newsom for halting the death penalty in California, calling it an “important day for justice.”
She added: “the application of the death penalty — a final and irreversible punishment — has been proven to be unequally applied.”
15 years earlier, in her inaugural address as San Francisco’s district attorney, Harris vowed to “never charge the death penalty” — a promise she kept in her seven years in the office.
Harris added some flexibility to her stance in a close 2010 campaign to be California’s attorney general.
She didn’t reverse her opposition to the death penalty, but promised to “enforce the death penalty as the law dictates.”
During the 2020 Democratic primary for president, Harris’ website noted that as district attorney she had “declined to seek the death penalty in the prosecution of an individual accused of killing a police officer, despite facing relentless political pressure to do so.”
Zoom out: Trump is pledging to dramatically expand executions if he’s elected.
In his speech announcing his latest campaign in November 2022, Trump called for the death penalty for drug dealers.
Biden was the 1st president to openly oppose the death penalty despite his past support for it.
Biden’s administration considered issuing an executive order or pushing legislation to fulfill his pledge to abolish the death penalty but ultimately did not.
Attorney General Merrick Garland paused executions in the summer of 2021 and reversed most — but not all — of the Trump Justice Department’s decisions to seek the death penalty.
Between the lines: The politics of criminal justice reform have shifted since the summer of 2020, when many Democrats pushed to cut police departments’ funding after a Minneapolis police officer killed George Floyd.
Few Democratic lawmakers are calling for that now.
At the time, Harris was open to the idea of redirecting police funding or significantly changing policing.
“This whole movement is about rightly saying, we need to take a look at these budgets and figure out whether it reflects the right priorities,” she told a radio host in 2020, CNN reported.
(source: axios.com)
INDONESIA:
Niah plantation farmhand charged with murdering Indonesian man
A private oil palm farm worker was charged in the Sessions Court here today with the murder of an Indonesian man in July this year.
Fancy Jugo, 29, was charged under Section 302 of the Penal Code, which provides the death penalty or a minimum of 30 years’ jail, and if not sentenced to death must be punished with no less than 12 strokes of the cane.
No plea was recorded from the accused as the case is under the jurisdiction of the High Court.
Fancy is accused of murdering Gafur, 40, between 8am and 10am on July 29 at a private oil palm farm in Sebubok, Niah.
The farm belongs to the accused’s grandfather.
Prosecuting officer ASP Koay Kok Ping applied for the accused to be further detained and not allowed bail.
Judge Azreena Aziz allowed the application and ordered Fancy, who was unrepresented, to be further detained in Miri Central Prison.
The judge also fixed Oct 22 this year for further mention of the case at the Batu Niah Magistrates’ Court.
Meanwhile, case investigating officer ASP Barry Banyuk applied for two other suspects who were arrested alongside the accused to be released on RM5,000 bond with one local surety.
The court was informed that the duo, aged 29 and 70, are to be called as prosecution witnesses.
Following a request from the 2 men for the bond amount to be reduced, the court set the bond at RM1,000 with one local surety each, and ordered them to be available whenever their presence was required during the trial.
(source: theborneopost.com)
TAIWAN:
Taiwan Clings To Death Penalty, Undermining Claim As Asia’s “Model Democracy”—-The country’s Constitutional Court ruled on Sept. 20 in favor of maintaining the death penalty, in line with the position expressed by an overwhelming majority of the population. Yet, capital punishment remains controversial for a country that sees itself as East Asia’s model democracy.
Wang Xin-Fu has spent the past 34 years in prison, where he awaits his execution. When he was arrested, in 1990, some Taiwanese territories were still under martial law — back when Chiang Kai-Shek was in power under the Kuomintang single-party rule.
Wang, now 69, was sentenced to death because he sold a gun to a man who killed a policeman. He has been declaring himself innocent for decades, and yet he is still one of 37 prisoners awaiting execution in Taiwan. On the island, often considered a bulwark of democracy in eastern Asia, the death penalty is still in place.
“Foreigners are very surprised when they find out, and yet no concrete steps have been made to abolish it,” says Lin Hsin-yi, head of the Taiwan Alliance to End the Death Penalty, an association that has been fighting for decades to abolish capital punishment.
“Every night could be the last one”
The execution methods are brutal. “Executees are shot in the heart,” explains Lin. “Those sentenced are not informed on the date of their execution. Every night could be their last one, everyday could be the one where they knock at your door to kill you. Family members are not informed either, and they usually learn of the execution through the media.”
Prisons are usually in a state of decay.
These dynamics bear a huge impact on the mental health of those convicted. “There have been suicides in the past. Some fight and try to obtain a revision of their sentence, and others even write to the ministry of justice asking to put an end to their suffering,” says Lin.
Moreover, the shooter is a single police officer, who therefore knows to be the executioner, unlike what used to happen in firing squads. They receive no psychological support, but only a “hongbao,” a traditional red bag containing some banknotes, usually handed out by relatives for the Lunar new year.
No hope until today
Prisons are usually in a state of decay. There are two inmates per cell — a bathroom with no door, a small window and no air conditioning. Prisoners are given only 30 minutes of air time per day Monday through Friday, with no possibility of doing any activity outside prison.
There is no hope for them. Yet, everything could have changed on Sept. 20, when the Constitutional Court expressed its judgment on a case lodged by the 37 inmates currently on death row. The court — called to express itself on the lawfulness of the death penalty — decided to uphold the punishment, but only in “special and exceptional circumstances.”
According to French news agency AFP, there are currently 50 offenses for which capital punishment is applicable in Taiwanese criminal law. Since 2010, 35 people have been executed in the country, with the last execution in 2020.
Data shows that Taiwanese public opinion is all but against capital punishment. According to a poll by Taiwan Public Opinion Foundation, 84% of interviewees were in favor of the death penalty, while more than 45% of respondents stated they would not accept a sentence declaring its unconstitutionality.
The statistics are consistent across different political forces as well: 89% of Kuomintang and 81% of Democratic Progressive Party (DPP) supporters are pro-capital punishment, a percentage that increases to more than 91% for supporters of Taiwan People’s Party, very popular among the youth. Earlier this year, presidential elections confirmed the DPP as the main political party in Taiwan, with the Kuomintang trailing behind.
Dealing with the past
Taiwan was under martial law from 1949 to 2000, longer than any regime in history. Over this time, 197 capital crimes have been introduced, including drug trafficking. Yet, since 2003 executions have only been mandated for cases of homicide. Many of the crimes for which the death penalty is still applicable date back to the “white terror” era, when the Kuomintang regime led by Chiang would regularly execute political dissidents. A past that Taiwan has not dealt with so far. “Transitional justice, despite democratization, was never completed,” says Lin.
Sometimes, it is too late when inmates are found to be innocent.
The DPP has opposed capital punishment in the past. The 1st DPP president, elected in the year 2000, promised its gradual abolition, but this promise never materialized, not even after DPP president Tsai Ing-wen was elected in 2016. During his 2 terms Taiwan became the 1st country to legalize same-sex marriage in Asia, but capital punishment remained untouched. Current president Tsai Ing-wen expressed his stance on the topic during his electoral campaign, when he said that it is “a difficult question to face,” which would take “a long process and a long time” to change.
Innocents will be executed
Now that the Constitutional Court has rebated the legitimacy of capital punishment, Lin believes that pressure will mount on the government to restart the executions. “Our fear is that innocents will be executed, as it happened in the past,” she says. The activists point to a case from 2012, when a court revoked the death penalty for three men sentenced to death for the murder of a couple that happened 2 decades earlier.
But sometimes, it is too late when inmates are found to be innocent. This was the case in 2011, when a military tribunal recognized the innocence of a man executed 14 years earlier for the rape and murder of a 5-year old girl.
Activists are aware that it will take a long time before things will change, but they think that, sooner or later, this will have to happen. To Lin, “capital punishment is not compatible with Taiwan’s image of itself in the world.”
(source: worldcrunch.com)
VIETNAM:
Man sentenced to death for murdering, raping Hanoi woman—-A 20-year-old man has been sentenced to death for the rape and murder of a 21-year-old woman who worked as an apartment manager in Hanoi, before he hid her body in a kitchen cupboard and took her valuables.
The Hanoi People’s Court on Wednesday sentenced Hoang Minh Hao, a native of the northern Bac Giang Province, for “rape, murder, theft, and robbery.”
According to the indictment, on Oct. 29, 2023, Hao traveled 60 km from Bac Giang to Hanoi and rented a room in Thanh Xuan District. During this time, he conceived the idea of stealing from other people to cover his expenses, as he neither attended school nor held a job.
Around 2 a.m. on Jan. 21, Hao found an unlocked motorbike on the ground floor of the rental complex. After unsuccessfully trying to open its storage compartment, he returned to his room and watched videos on how to do so. The following night, he successfully opened the compartment, disabled the security camera, and stole the motorbike, later having a new key made.
Hao pawned the motorbike for VND10 million ($410), used VND4 million for rent, and traveled to his girlfriend’s hometown in Ha Tinh Province in central Vietnam for the Tet holiday.
When the motorbike’s owner reported the theft, the landlord became suspicious and confronted Hao, who admitted to the crime and promised to recover the bike after Tet. For this, Hao was charged with theft.
The more serious crimes occurred after the holiday. On Feb. 16, Hao returned to Hanoi from Ha Tinh and searched for a new rental online. He found a listing posted by 21-year-old Le Thi Thuy Linh, an apartment manager, for a room on Cau Giay Street. He arranged to view the room at 5 p.m. that evening.
Linh showed him the room on the third floor, but Hao could not afford it. Later, he borrowed money from a friend and met Linh again at 8 p.m. to put down a deposit. When they returned to the apartment, Hao noticed the complex was nearly empty, as many tenants had not yet returned from their Tet holiday. He also saw that Linh was alone and carrying valuables, which led him to decide to rob her.
After Linh opened the room’s door, she sat outside in the hallway, distracted by her phone. Taking advantage of the situation, Hao crept up behind her, strangled her, and pushed her into the room. After she lost consciousness, he raped her.
Upon realizing that Linh had died, Hao hid her body in a kitchen cupboard. He stole her phone, motorbike key, and other belongings, locked the door, and fled.
Hao sold the items he found in her motorbike’s storage compartment, including two phones and gold jewelry. He deposited VND11 million ($460) into his bank account, sold two phones and two gold rings for nearly VND30 million ($1,260), and used three credit cards to withdraw over VND68 million ($2,850). He then used the stolen money to buy 2 iPhones (an iPhone 14 Pro Max and an iPhone 15 Plus) and other personal items.
Finally, Hao had Linh’s motorbike rewrapped from red to black and attempted to pawn it at the same shop where he had previously pawned the stolen motorbike. However, he was arrested during the transaction.
Hao confessed to his crimes, admitting that he used the stolen money to gamble online.
Linh was from the north-central province of Thanh Hoa and had moved to Hanoi to work after dropping out of high school.
She was from a poor family, had lost her mother as a child, and “always was a nice kid,” her relatives said.
After a few years in Hanoi, she was managing several apartments for their owners, liaising with tenants and leasing them out.
She had returned from her hometown after the Tet holiday, and on Feb. 16 had told her family she was meeting a prospective tenant that day. Her family could not contact her through the day and even that night, so they contacted the police.
(source: e.vnexpress.net)
IRAN—-executions
Execution of 3 Inmates in Lahijan and Qazvin Prisons
3 prisoners sentenced to death on charges of drug offenses and murder were executed in Lahijan and Qazvin prisons, as reported by Iran Human Rights Organization.
The inmates have been identified as Ali Afrooz, 31, from Sari; Saeed Alimardani, 45, from Tabriz; and Mohammad Ghasaban, 40, from Qazvin.
According to the report, Alimardani and Ghasaban were arrested in 2022 on the Qazvin-Tehran highway while transporting 150 kilograms of crystal meth and heroin. Both were subsequently sentenced to death, with their executions carried out on the morning of Monday, September 23, 2024, in Qazvin Prison.
Ali Afrooz was arrested in April-May 2021 for the murder of a family member and was also sentenced to death. His execution took place on Sunday, September 22, 2024, in Lahijan Prison.
At the time of this report, prison authorities and relevant institutions have not officially confirmed the executions.
According to the Department of Statistics and Publication of Human Rights Activists in Iran, in 2023, at least 767 citizens, including 21 women and 2 juvenile offenders, were executed. Of these, the executions of 7 individuals were carried out in public. Additionally, during this period, 172 others were sentenced to death, with 5 of them sentenced to public execution. It is worth noting that during the same period, the initial death sentences of 49 other individuals were also upheld by the Supreme Court.
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A Prisoner Executed in Ezbaram Prison
On September 24, the execution of a prisoner previously sentenced to death on charges of murder was carried out in Ezbaram Prison, Lahijan, according to a report by Hirkani.
The prisoner has been identified as Seyed Amir Hosseini Boroumand, a resident of Lahijan.
According to the report, he was arrested in March 2020 on charges of murder during a confrontation and was sentenced to death after judicial proceedings. His execution was carried out without notifying his family or granting a final visit.
As of the time of this report, the execution has not been officially announced by prison authorities or relevant institutions.
According to the Department of Statistics and Publication of Human Rights Activists in Iran, in 2023, at least 767 citizens, including 21 women and 2 juvenile offenders, were executed. Of these, the executions of 7 individuals were carried out in public. Additionally, during this period, 172 others were sentenced to death, with 5 of them sentenced to public execution. It is worth noting that during the same period, the initial death sentences of 49 other individuals were also upheld by the Supreme Court.
(source for all: en-hrana.org)
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Iran Executes 4 More Prisoners Amid Rise in Death Penalty
The Islamic Republic’s authorities have executed 4 more prisoners amid a substantial spike in the death penalty usage.
The execution of Malek Hossein Torkashvand, a prisoner from Malayer who had been sentenced to death on drug-related charges, was carried out at Hamedan Central Prison on Monday.
Torkashvand, a Kurdish prisoner and father of 1 daughter, had been arrested on drug-related charges and subsequently sentenced to death by the Iranian judiciary, According to the Hengaw Organization for Human Rights.
Meanwhile, 3 prisoners convicted of drug offenses and murder were executed in Lahijan and Qazvin prisons, according to a report by the Iran Human Rights Organization.
The prisoners have been identified as Ali Afrooz, 31, from Sari; Saeed Alimardani, 45, from Tabriz; and Mohammad Ghasaban, 40, from Qazvin.
According to Amnesty International’s report, Iran has reached its highest level of death sentence execution in the last 8 years, with the judiciary of the Islamic Republic executing 853 people in 2023 alone.
The report indicates that 481 executions, more than half of the total, were related to drug crimes.
This marks an 89 % rise in death penalties for drug-related offenses compared to 2022, when 255 people were executed.
The latest numbers also show a staggering 264 % increase compared to 2021, when 132 individuals faced execution on similar charges.
(source: iranwire.com)
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Executed Mehdi Jahanpour was a Child Offender; 71+ Child Offenders Hanged in Iran since 2010
According to newly obtained information, Mehdi Jahanpour who was executed for murder on 16 September, was 16 years old at the time of offence. He is the 1st recorded child offender to be executed in 2024.
Condemning Mehdi Jahanpour’s execution, Iran Human Rights draws the international community’s attention to the execution of child offenders in Iran.
IHRNGO Director, Mahmood Amiry-Moghaddam said: “The execution of child offenders is unlawful according to the Islamic Republic’s treaty obligations including the ICCPR and must be condemned in the strongest terms by the international community. There are currently dozens of child offenders on death row in Iran who may be executed should the international community fail to show an appropriate response.”
At least 71 child offenders have been executed since 2010, per data collected by IHRNGO.
According to newly obtained information by Iran Human Rights, 1 of the 3 men executed in Shiraz (Adel Abad) Central Prison on 16 September, was 16 years old at the time of offence. IHRNGO has verified Mehdi Jahanpour’s date of birth as 8 December 2002.
He was arrested for murder in April 2019 when he was 16 years old and sentenced to qisas (retribution-in-kind).
An informed source previously told IHRNGO: “Mehdi Jahanpour was accused of killing someone with a knife in Firouz Abad. Mehdi was in love with a girl who had another man pursuing her. He stopped Mehdi in the street and a fight broke out which ended with the other man being killed.”
He is the f1t recorded execution of a child offender in 2024. His execution still has not been reported by domestic media or officials in Iran.
Iran is one of the few countries in the world that still carries out the death penalty for child offenders. The International Covenant on Civil and Political Rights which the Islamic Republic is a signatory to, prohibits the issuance and implementation of the death penalty for crimes committed by an individual below 18 years of age.
The Convention on the Rights of the Child, which the Islamic Republic is also a signatory to, explicitly states that “Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age.” However, the new Islamic Penal Code adopted in 2013 explicitly defines the “age of criminal responsibility” for children as the age of maturity under Sharia law, meaning that girls over 9 lunar years of age and boys over 15 lunar years of age are eligible for execution if convicted of “crimes against God” (such as apostasy) or “retribution crimes”(such as murder). The Islamic Republic ratified the CRC with the reservation that “If the text of the Convention is or becomes incompatible with the domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it.”
Article 91 of the IPC states that juvenile offenders under the age of 18 who commit hudud or qisas offences may not be sentenced to death if the judge determines the offender lacked “adequate mental maturity and the ability to reason” based on forensic evidence. The article allows judges to assess a juvenile offender’s mental maturity at the time of the offence and, potentially, to impose an alternative punishment to the death penalty on the basis of the outcome.
However, Article 91 is vaguely worded and inconsistently and arbitrarily applied. Between 2016 and 2023, Iran Human Rights identified 21 cases where the death sentences of juvenile offenders were commuted based on Article 91. In the same period, at least 31 juvenile offenders were executed according to Iran Human Rights’ reports. It seems that Article 91 has not led to a decrease in the number of juvenile executions. The Iranian authorities must change the law, unconditionally removing all death sentences for all offences committed under 18 years of age.
(source: iranhr.net)
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35th Week of “No to Executions Tuesdays” Campaign Begins in 21 Iranian Prisons
On Tuesday, September 24, the 35th consecutive week of the “No to Executions Tuesdays” campaign began across 21 prisons in Iran, marking another wave of protests against the Iranian regime’s continued use of the death penalty. This movement, driven by political prisoners, aims to bring attention to the growing number of executions, particularly those connected to the 2022 nationwide protests.
Participating prisons include Evin, Ghezel Hesar, Tehran Central, and several others across cities like Karaj, Shiraz, Mashhad, and Tabriz. The prisoners have launched a coordinated hunger strike to raise awareness about the human rights abuses perpetrated by the regime. In their latest statement, they expressed solidarity with the victims of a recent mining disaster in Tabas, pointing to the incident as another example of the government’s systemic corruption and mismanagement.
The prisoners condemned the recent death sentences handed down to two political prisoners, Mehdi Hasani and Behrouz Ehsani, who were arrested during the 2022 protests. They also highlighted the cases of two other detainees, Mohammad Javad Vafaee Sani and Kurdish political prisoner Hatem Ozdemir, both of whom have been sentenced to death for their activism since 2019.
In a show of defiance, the striking prisoners have called upon international human rights organizations, political leaders, and the global public to hold the Iranian government accountable for its ongoing execution spree. They urged global leaders, especially those attending the United Nations, to confront the Iranian president regarding the regime’s record of executions.
Outside the prison walls, support for the campaign continues to grow. On September 21, 2024, a grieving mother stood at the grave of Mohsen Shekari, a protestor executed by the regime, holding a placard in support of “No to Executions Tuesdays.” She declared her solidarity with the campaign, stating that her own son had also been a victim of the regime’s oppressive measures. Her words echoed the pain of many Iranian families who have lost loved ones to state-sponsored executions, further underscoring the deep-rooted desire for justice.
The “No to Executions Tuesdays” campaign continues to amplify the voices of political prisoners and their families, shedding light on Iran’s disturbing use of the death penalty as a means of silencing dissent. As the campaign enters its 35th week, it has become a powerful symbol of resistance against a regime accused of gross human rights violations. The international community is increasingly called upon to address the urgent situation inside Iran’s prisons, where many political detainees still face the threat of execution.
(source: ncr-iran.org)
SEPTEMBER 24, 2024:
TEXAS—-impending execution
Texas death row inmate Travis Mullis, ‘consumed by shame and madness,’ killed baby son—-Mullis is set to be executed Tuesday for killing his 3-month-old son, who was molested, stomped to death and abandoned at Galveston’s Seawall. Mullis told police he had reached a ‘breaking point’
This story includes graphic descriptions of crimes committed against an infant.
A death row inmate set to be executed in Texas this week destroyed the only family he ever knew about 16 years ago.
Travis James Mullis, 38, is set to be executed Tuesday for killing his 3-month-old son, who was molested, stomped to death and abandoned at Galveston’s Seawall, a popular tourist destination just south of Houston, on Jan. 29, 2008.
Mullis murdered his son after he described hitting his “breaking point,” failing to soothe the crying child while they were parked along the seawall, according to court documents obtained by USA TODAY.
“I tried all the little things that would comfort him since he was born, but none of them worked,” Mullis said. “I thought to myself that the only way to stop him from crying was to kill him.”
If the execution proceeds as scheduled, Mullis will be the 4th person executed in the state this year and the 15th or 16th in the nation, depending on whether he’s declared dead before or after Marcellus Williams, another inmate set for execution in Missouri on the same day.
As Mullis’ execution day approaches, USA TODAY is looking back at who the man is, the crime he was convicted of and what led him down a path that ended in the murder of his infant son.
Adoptive mother ‘completely overwhelmed’ by behavior
Travis “TJ” Mullis was taken in by relatives in Maryland when he was a baby, following his mother’s unexpected death. He grew up in Abingdon, an unincorporated community just outside Baltimore, with his uncle Gary Mills and his wife, Anne.
TJ began to give the couple trouble at the age of 3, exhibiting alarming behaviors like banging his head against furniture, and talking about fire and wanting to burn things down, court documents show.
Anne Mullis decided to put him in therapy, and TJ soon confided in his therapist that his adoptive father had sexually abused him repeatedly from ages 3 to 6, according to court documents.
TJ had a “tough” time adjusting to life without his adoptive father, who was kicked out of the home and served prison time after the sexual abuse came to light. But the “garbage really hit the fan,” Anne Mullis shared with attorneys, when TJ hit puberty.
A one-way ticket to Texas
Mullis spent his childhood and teen years in and out of hospitals, receiving intermittent mental health treatment and medication for behavioral issues. He was struggling in school, dealing with traumatic flashbacks and had threatened suicide on a number of occasions, court records say.
There were also isolated episodes of violent and sometimes sexual aggression inflicted on those closest to him, including his grandmother, a younger cousin and a couple of peers, court records say. He stayed with his adoptive mother until he turned 18, at which point he was told that he either needed to take his medications or get out, according to court documents.
“I was completely overwhelmed and had no idea what to do with him,” Anne Mullis wrote in court documents. “He eventually decided to leave.”
She bought Mullis a 1-way ticket to Texas, where he planned to live with a woman he met online but that was short-lived, court documents say.
Mullis lived in and around Houston for a while, crashing with anyone who would take him in. When he moved back in with the woman and her family a year later, he brought his girlfriend, Caren Kohberger, and the couple’s then-1-month-old son, Alijah. They all lived together in a trailer in Alvin in metro Houston.
The young family was broke, hoping to find a solution to their financial woes by February 2008, which was when they were expected to start paying rent.
Mullis and his family had run out of options by late January 2008. He had been applying for jobs, even interviewing for two, but was still out of work.
He decided to get some air early that Tuesday morning on Jan. 29, inviting his roommate’s 8-year-old daughter to join him on his quest for cigarettes and Snickers bars from a gas station. On their way back, they stopped by the girl’s school and that’s when Mullis tried to get her to pull down her pants before driving back to the trailer after she started to cry, according to court records.
Mullis pulled his girlfriend aside when they got back to tell her what he had done. Mullis and Kohberger bickered for hours about what they were going to do, both scared that they would be thrown out of the house and that Mullis would mentally relapse and act out on his impulses again.
Mullis came up with an excuse to get away, promising Kohberger he would return after running a quick errand. Kohberger insisted Mullis take baby Alijah with him – that way she knew he was going to come back, court documents show.
Mullis drove south toward Galveston with Alijah, who was sound asleep in the car seat. But when Alijah was startled awake, he began to cry. Mullis said he tried to console the baby, but Alijah wouldn’t stop crying. Mullis then molested and choked the infant before he pulled Alijah out of the car, put him on the ground and stomped on his head, court records say.
As Mullis’ attorneys said in court documents, Mullis was “consumed by shame and madness” moments before he committed the murder.
Afterward, Mullis flung the car seat and Alijah’s body toward the other side of the seawall to get rid of all the evidence. He then fled the state but soon after he turned himself in, offering a full confession to Philadelphia police 4 days later. Mullis was extradited back to Texas, convicted of capital murder and sentenced to death.
With help from court-appointed counsel, Mullis decided to forgo appeals following his death sentence but later changed his mind and tried to file a state court appeal. He didn’t file the appeal in time, which ended his prospects in state court.
Mullis revived his claims in federal district court with new counsel in July 2013, with his attorneys arguing that his trial was “beset by constitutional errors” and that state courts allowed him to waive appeals “despite his severe mental illness, and as a result of ineffective lawyering and court error.”
Mullis’ current attorneys argued that his previous lawyers failed to rebut false evidence, properly investigate and present compelling evidence, and ultimately protect his rights. A federal court eventually dismissed Mullis’ request to throw out his death sentence and sided with the state. An appeals court affirmed the dismissal.
U.S. District Judge George Hanks described Mullis as “a disturbed individual whose mental illness has permeated his life.”
“Questions about mental illness have colored this whole case – from the commission of the crime, to the various waivers, to federal review,” according to Hanks. “As concerns about Mullis’ mental health have come up at each stage, state counsel and various courts have acted with competence and zeal to assure that Mullis has enjoyed all the process he is due.”
Mullis is set to be executed at the Huntsville Unit north of Houston on Tuesday, Sept. 24.
Mullis is 1 of 5 men expected to be executed in the U.S. in a 5-day period. First was Freddie Owens, who was executed on Friday in South Carolina amid fresh doubts over his guilt.On Tuesday, at the same time as Mullis’ execution, Missouri is set to execute Marcellus Williams in the 1998 fatal stabbing of a former reporter despite prosecutors and victim family members arguing that he should be spared.
After Tuesday’s double execution, Thursday is expected to bring 2 more back-to-back executions. Alabama is set to use nitrogen gas to execute Alan Eugene Miller in the shooting deaths of three co-workers in 1999 despite evidence of his mental illness and a witness to the state’s previous nitrogen gas execution in January who described the method as “horrific.”
Also Thursday, Oklahoma is set to execute Emmanuel Littlejohn in the death of a convenience store clerk in 1992 despite his arguments that he wasn’t the shooter.
If all 5 executions proceed, the U.S. will have executed 18 death row inmates this year. Another 6 are scheduled before the end of December, and more could be added to the calendar.
(source: usatoday.com)
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Texas set to execute Brazoria County man for stomping death of infant son—-Travis James Mullis was sentenced to death in 2011 for killing his 3-month-old son in Galveston. He is set to become the 4th person executed in Texas this year.
Texas is set to execute Travis James Mullis on Tuesday, a Brazoria County man who sexually assaulted, strangled and stomped on his infant son’s head until he died in 2008.
Mullis, 38, was convicted and sentenced to death in 2011 for killing his 3-month-old son Alijah on the Galveston Seawall. Mullis fled Texas, then turned himself in to law enforcement and confessed to the crime a few days later.
His final appeal was denied by the Fifth Circuit Court of Appeals in 2023. As of Tuesday morning, Mullis had not submitted any new last-ditch state or federal appeals, nor had he filed an appeal to the U.S. Supreme Court.
That leaves Mullis on track to become the 4th person executed by the state of Texas this year. 2 more executions in the Lone Star State are scheduled for 2024.
On January 28, 2008, Mullis drove from Brazoria County to Galveston with his son Alijah in the back seat after attempting to sexually assault a friend’s 8-year-old daughter, according to court documents.
In the early morning the next day, Mullis sexually assaulted his son. Unable to stop Alijah’s crying after the assault, Mullis proceeded to strangle his son, then stomped on his head several times and crushed his skull. He then tossed his son’s body into the brush and fled to Philadelphia.
A few days later, Mullis turned himself in to the police and confessed to the crime.
At trial, Mullis’ attorneys focused on his history of mental illness stemming from a difficult, abusive childhood. His father abandoned his family shortly after his birth, which was marred by a life-threatening illness with a mortality rate as high as 50% in newborns.
Mullis’ mother died when he was 10 months old. By at least the age of three, his adoptive father began sexually assaulting him. He spent years in and out of mental health treatment for a number of psychological conditions, including suicidal ideation.
The prosecution focused on Mullis’ history of violence and argued that the threat he posed could not be mitigated by treatment or incarceration. And Mullis’ written and videotaped confession of killing his son, according to court documents, “provided nearly indefensible grounds for conviction.”
In the years since his conviction, Mullis changed his mind repeatedly on whether to appeal his death sentence in state and federal courts. He abandoned all appeals within two months of his conviction after a court-appointed doctor found him competent to do so.
“I have always admitted guilt + justice is deserved for the victims families,” Mullis wrote in a Sept. 13, 2012, letter to the court waiving his appeals. “It is in the best interests of justice for the victim + the victims families for this appeal to stop here and execution of this sentence to be carried out in a timely manner.”
But over the course of the next decade, Mullis reinstated and revoked his appeals several more times, saying he had lied during his competency evaluation and was motivated to give up his appeals by mental illness, suicidal thoughts and “an irrational fear” of spending the rest of his life in prison.
The Texas Court of Criminal Appeals affirmed his conviction in 2012. Mullis filed an appeal in federal court in July 2013, arguing that he had had deficient representation at trial and alleging that the state had presented “false evidence of extraneous offenses” he had committed in his youth. The federal district court dismissed his petition in 2021, and the Fifth Circuit Court of Appeals affirmed that decision last year.
“Mullis is a disturbed individual whose mental illness has permeated his life,” the federal district court in Galveston wrote in denying his appeal. “As concerns about Mullis’ mental health have come up at each stage, state counsel and various courts have acted with competence and zeal to assure that Mullis has enjoyed all the process he is due.”
“However uncomfortable it may be,” the court added, “this case is left where Mullis himself has chosen it to be.”
(source: The Texas Tribune)
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TEXAS PLANS TO EXECUTE: TRAVIS MULLIS
Hello Friends,
A couple of new faces will appear on tomorrow’s Execution Watch.
Houston criminal defense attorney Monique Sparks will provide her insights as a guest on the legal panel, and a former resident of the Texas death row for women, Pam Perillo, will be our featured interview guest.
Tues., Sept. 24, 2024, 6-7 p.m. CT
— RADIO, KPFT Houston 90.1 FM HD or
http://executionwatch.org > Listen.
— TV, Facebook Live on Execution Watch, or Houston MediaSource https://www.hmstv.org/hms-live/
Next execution: September 24 (2024)
Click on the link below to listen online: https://executionwatch.org/
TEXAS PLANS TO EXECUTE:
TRAVIS MULLIS, convicted in the 2008 slaying of his infant son in Galveston. The jury ordered that he be put to death, despite defense attorneys’ requests to spare his life. They said Mullis’s childhood in an abusive family had left him “an emotional mental-health quadriplegic”. He later admitted his guilt, filing a motion to stop his federal appeals and get rid of his attorney.
INFORMATION ON TOMORROW’S BROADCAST
HOST: MARLO BLUE, program director, KPFT; producer, video photographer, editor, and former anchor of KPFT Local News.
LEGAL ANALYSTS: Texas capital appellate defense attorney MEREL PONTIER and Houston criminal defense attorney MONIQUE SPARKS.
REPORTERS: LINDA SNYDER, anti-death penalty activist, from outside the death house, Huntsville. CLINTON YOUNG, formerly of Texas death row, now a proponent of prisoners’ rights.
SPECIAL INTERVIEW GUEST: PAM PERILLO, one of only a handful of women to be freed from Texas death row. Perillo will tell her story, revealing what it was like on the row and what her life is like now.
Execution Watch is a live news show that since 2008 has broadcast coverage of all Texas executions. More information — podcasts, videos, scheduled executions, is on our website. For updates follow us on Facebook
(source: Execution Watch)
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Walmart mass shooting case could be tried in mid-2026 under judge’s schedule
The gunman who has admitted to killing 23 people and wounding 22 others at an El Paso Walmart in 2019 could face trial on state capital murder charges no sooner than the middle of 2026 under a scheduling order issued Monday by the judge in the case.
The scheduling order issued by 409th District Judge Sam Medrano has arguments on pretrial motions beginning in January 2025 and jury selection beginning in January 2026. Jury selection in high-profile death penalty cases often takes 3 months or more, and the Walmart case is the most high-profile crime in El Paso’s history.
The scheduling order Monday doesn’t have a trial date, but the beginning of questioning of individual potential jurors – known as voir dire – is set for Jan. 12, 2026. The questioning likely will take months.
At an often-contentious scheduling conference on Sept. 12, Medrano had promised to issue a scheduling order by the end of the month in the case against Patrick Crusius, 26, of Allen, Texas. He faces 23 counts of capital murder – which carry the possibility of the death penalty – and 22 counts of aggravated assault with a deadly weapon.
At the Sept. 12 hearing, District Attorney Bill Hicks said prosecutors were ready to proceed toward trial but defense attorneys said it would take them as much as two years to go through evidence turned over by prosecutors in what they called a disorganized manner.
The 2-page scheduling order calls for almost monthly hearings beginning Jan. 13, 2025. Most of the hearings are dedicated to legal motions on evidence. In August 2025, the lawyers in the case will submit proposed written jury questionnaires.
The questionnaires would be presented to potential jurors – likely to number in the hundreds, based on past death penalty cases – in November 2025. Potential jurors who make it through initial screening would be brought back in January 2026 for more intensive questioning by lawyers in the case.
If the voir dire process proves unable to seat a jury, Medrano could consider a change of venue that would move the trial outside El Paso. Both the prosecution and defense have said they want to try the case in El Paso.
The scheduling order could be modified based on events in the coming months.
“While we would like to see the case move at a faster pace, we are very happy to see a schedule that gives our community a definitive schedule that we can go by with an anticipated trial date,” Hicks said of the scheduling order.
Defense attorney Joe Spencer declined to comment on the scheduling order, citing Medrano’s gag order in the case.
In 2023, Crusius pleaded guilty to federal hate crimes and weapons charges and was sentenced to 90 consecutive life terms in federal prison. U.S. District Judge David Guaderrama of El Paso recommended that Crusius serve his sentence at the so-called “super-max” prison in Colorado, but the U.S. Bureau of Prisons isn’t bound by the recommendation.
Crusius admitted to driving 10 hours across Texas on Aug. 3, 2019, and shooting dozens of people inside and outside the Cielo Vista Walmart. He acknowledged posting a screed on the internet minutes before the shooting that outlined the so-called “great replacement theory” that motivated him to open fire in an effort to “stop the Hispanic invasion of Texas.”
The federal prison system has no parole, so Crusius almost certainly will spend the rest of his life behind bars.
“Today’s federal sentencing ensures that Patrick will leave prison in a coffin. The only question will be whether it’s on God’s time or man’s time,” Spencer said at Crusius’ formal sentencing July 7, 2023.
He was alluding to the possible death sentence in the pending state case. Federal prosecutors decided in January 2023 not to seek the death penalty in their case against Crusius, and he quickly agreed to plead guilty.
Spencer has accused Hicks and former District Attorney Yvonne Rosales of seeking the death penalty “for political advantage.” Both prosecutors have said they believe the death penalty is an appropriate punishment for the deadliest attack targeting Hispanics in modern U.S. history.
The defense team has urged state prosecutors to follow their federal counterparts in removing the death penalty as a possibility. The U.S. Justice Department has refused to say why they took the death penalty off the table, but Assistant U.S. Attorney Ian Hanna hinted at Crusius’ a February 2023 plea hearing that his diagnosis of schizoaffective disorder was a factor.
Hicks, a Republican who was appointed by Gov. Greg Abbott after Rosales resigned in 2022, is facing Democrat James Montoya in the Nov. 5 general election for a four-year term as district attorney. Montoya has said an El Paso jury should decide whether Crusius faces the death penalty, but also has said he might consider a plea deal if no trial date is set by the time he takes office on Jan. 1, 2025, if elected.
The next hearing in the Walmart case will be Oct. 31, when Medrano will consider a defense request that it be given access to records that might show prosecutorial misconduct since 2020. The defense lawyers say the alleged misconduct should lead to dismissal of the case or removal of the death penalty as an option.
Many of the allegations date to Rosales’ time in office. At a brief news conference following the Sept. 12 hearing, Hicks said the defense motion lacked merit.
“Their accusations are not based on the law. We’re fine,” he said.
(source: elpasomatters.org)
NEW HAMPSHIRE:
Michael Addison seeks to be removed from death row for killing of Manchester officer—-Attorney argues sentence should be changed to life without parole
The only man on death row in New Hampshire was back in court Monday seeking to avoid execution and have his sentence changed to life in prison without parole.
Attorneys for Michael Addison argued that the death sentence is a violation of due process and the New Hampshire Bill of Rights.
In 2006, Addison shot Manchester police Officer Michael Briggs in the head, killing him. Addison was convicted of capital murder, and a jury sentenced him to death.
In 2019, the New Hampshire Legislature passed House Bill 455, repealing the death penalty.
In court Monday, Addison’s attorney said that legislative action shows that New Hampshire values have evolved and that now, the death penalty should never be allowed in the state.
“The first objective factor, your honor, is HB 455 itself,” said Jon Cioschi, Addison’s attorney. “HB 455, the repeal, is clear, reliable, objective evidence that the death penalty is inconsistent with evolving standards of decency in New Hampshire.”
Cioschi also pointed out that with the repeal of the death penalty, even someone who committed a worse crime than Addison couldn’t be sentenced to death, making Addison’s sentence disproportionate, as well as cruel and unusual punishment.
New Hampshire has not executed anyone since 1939.
Assistant Attorney General Audriana Mekula argued that the New Hampshire Supreme Court has already weighed in on the issue.
“As it stands, the historical and textual analysis is the way to look at this, and the New Hampshire Supreme Court has already held that the sentence, the death penalty, in general and as applied to this particular petitioner, is constitutional,” Mekula said.
The judge asked attorneys for both sides to flesh out some arguments, and they will be back in court in 30 days.
Briggs’ mother was in the courtroom but declined to speak.
(source: WMUR news)
MISSOURI—-impending execution
Missouri governor, state Supreme Court refuse to halt the execution of man convicted of 1998 killing
A Missouri man seeking to avoid execution suffered dual setbacks Monday as the state’s top court and governor each rejected requests to cancel his scheduled lethal injection.
Marcellus Williams is set to be executed at 6 p.m. Tuesday for the 1998 murder of Lisha Gayle, a social worker and former newspaper reporter who was repeatedly stabbed during a burglary of her suburban St. Louis home.
Missouri Gov. Mike Parson, a Republican, on Monday rejected Williams’ clemency request to spare him from the death penalty and instead sentence him to life in prison. Parson, a former sheriff, has been in office for 11 executions, and has never granted clemency.
The Missouri Supreme Court also on Monday rejected a request to cancel the execution so that a lower court could make a new determination about whether a trial prosecutor wrongly excluded a potential Black juror for racial reasons.
Republican Attorney General Andrew Bailey’s office argued for the execution to proceed, telling the state Supreme Court that the trial prosecutor denied any racial motivations in removing potential Black jurors. Assistant Attorney General Michael Spillane also said officials in the prosecutor’s office did nothing improper — based on procedures at the time — by touching the murder weapon without gloves after it already had been tested by a crime lab.
Attorneys for Williams still have an appeal before the U.S. Supreme Court.
The execution would be the 3rd in Missouri this year and the 100th since the state resumed executions in 1989.
Williams was less than a week away from execution in January 2015 when the state Supreme Court called it off, allowing time for his attorneys to pursue additional DNA testing.
He was just hours away from being executed in August 2017 when then-Gov. Eric Greitens, a Republican, granted a stay after reviewing DNA evidence that found no trace of Williams’ DNA on the knife used in the killing. Greitens appointed a panel of retired judges to examine the case, but that panel never reached a conclusion.
Questions about DNA evidence also led Democratic St. Louis County Prosecuting Attorney Wesley Bell to request a hearing challenging Williams’ guilt. But days before the Aug. 21 hearing, new testing showed that the DNA evidence was spoiled because members of the prosecutor’s office touched the knife without gloves before the original trial.
With the DNA evidence unavailable, Midwest Innocence Project attorneys reached a compromise with the prosecutor’s office: Williams would enter a new, no-contest plea to first-degree murder in exchange for a new sentence of life in prison without parole.
Judge Bruce Hilton signed off on the agreement, as did Gayle’s family. But at Bailey’s urging, the Missouri Supreme Court blocked the agreement and ordered Hilton to proceed with an evidentiary hearing, which took place Aug. 28.
Hilton ruled on Sept. 12 that the 1st-degree murder conviction and death sentence would stand, noting that his arguments all had been previously rejected.
“There is no basis for a court to find that Williams is innocent, and no court has made such a finding,” Hilton wrote.
On Tuesday, Williams’ attorney argued that circumstances are different, because the trial prosecutor had not previously been questioned in court by Williams’ attorney about the reason he removed a specific juror.
The prosecutor in the 2001 1st-degree murder case, Keith Larner, testified at the August hearing that the trial jury was fair, even though it included just one Black member on the panel. Larner said he struck one potential Black juror partly because he looked too much like Williams. He didn’t explain why he felt that mattered.
The clemency petition from the Midwest Innocence Project focused heavily on how Gayle’s relatives want the sentence commuted to life without parole.
Prosecutors at Williams’ original trial said he broke into Gayle’s home on Aug. 11, 1998, heard water running in the shower, and found a large butcher knife. Gayle, a social worker and former reporter for the St. Louis Post-Dispatch, was stabbed 43 times when she came downstairs. Her purse and her husband’s laptop computer were stolen.
Authorities said Williams stole a jacket to conceal blood on his shirt. Williams’ girlfriend asked him why he would wear a jacket on a hot day. The girlfriend said she later saw the purse and laptop in his car and that Williams sold the computer a day or two later.
Prosecutors also cited testimony from Henry Cole, who shared a cell with Williams in 1999 while Williams was jailed on unrelated charges. Cole told prosecutors Williams confessed to the killing and offered details about it.
Williams’ attorneys responded that the girlfriend and Cole were both convicted of felonies and wanted a $10,000 reward.
(source: Associated Press)
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Execution Watch Planned for Marcellus “Khaliifah” Williams as Governor Parson Denies
On Tuesday, September 24th, the State of Missouri is set to execute Marcellus “Khaliifah” Williams at 6:00 pm at the Eastern Reception, Diagnostic and Correctional Center (ERDCC) in Bonne Terre, MO, despite strong evidence supporting his innocence. This tragic move comes after Governor Mike Parson denied clemency for Williams—a decision that, while upsetting, comes as no surprise to those familiar with the state’s track record. Williams will not be the1rst innocent person executed under Governor Parson’s watch.
Williams’ case is fraught with doubt, including DNA evidence that excludes him from the crime scene. His execution would be yet another miscarriage of justice, only further entrenching Missouri’s use of capital punishment despite widespread calls for reform and concern over wrongful convictions. If the state proceeds with this execution, it will once again create more victims of state violence.
Missourians to Abolish the Death Penalty (MADP) and allied organizations will not stand idly by. We are prepared to show up across the state on Tuesday to stand with Khaliifah and demand an end to this injustice. Communities across Missouri will gather in solidarity to oppose the execution of Marcellus Williams and to call for an end to capital punishment in our state. Below are details of the planned execution watches:
Jefferson City – Noon, Governor’s Office, 2nd Floor, Missouri State Capitol. Contact Curtis Joseph Wichmer at wichmerc@mocatholic.org.
Jefferson City – 1:00 pm, Petition Drop and Rally, Missouri State Capitol Rotunda.
St. Louis – 3:00 pm, St. Louis Circuit Courthouse, Market and Tucker. Contact Margaret Phillips at mphillips@igc.org.
Kansas City – 5:00 pm, 39th and Troost. Kansas City Chapter MADP. Contact Bob Ronan at ronan@ieee.org
Columbia – 5:00 pm, Boone County Courthouse. Columbia Chapter MADP + Fellowship of Reconciliation. Contact Jeff Stack at jstack@formissouri.org.
Bonne Terre – 5:30 pm, Eastern Reception, Diagnostic and Correctional Center (ERDCC). Execution Vigil and Remembrance of Victims of Violent Crime. Contact Elyse Max at elyse@madpmo.org.
Missourians will once again be “on watch”; on September 24th, standing against an unjust legal system that continues to perpetuate the cycle of violence. The potential execution of Marcellus “Kahliifah” Williams would not only be a moral travesty but a legal one. It is time to end the death penalty in Missouri once and for all.
(source: Missourians to Abolish the Death Penalty)
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Missouri Supreme Court allows Marcellus Williams execution to proceed
The Missouri Supreme Court will not stop the execution of Marcellus Williams.
In a unanimous decision handed down Monday just hours after oral arguments, judges said they saw no reason to send the case back to a lower court to hear claims from Williams’ attorneys that prosecutors in the original trial had improperly struck jurors solely because of their race, or that prosecutors had destroyed potential DNA evidence by touching the murder weapon with their bare hands.
“Despite nearly a quarter century of litigation in both state and federal courts, there is no credible evidence of actual innocence or any showing of a constitutional error undermining confidence in the original judgment,” Judge Zel Fischer wrote.
Without intervention from the U.S. Supreme Court, Williams will be put to death by lethal injection sometime after 6 p.m. Tuesday. Gov. Mike Parson has already said he will not grant Williams’ clemency request.
Williams has always denied that he played any role in the 1998 stabbing death of former St. Louis Post-Dispatch reporter Felicia Gayle. Earlier this year, St. Louis County Prosecutor Wesley Bell wrote that he no longer had confidence in the conviction and asked for it to be vacated. St. Louis County Circuit Judge Bruce Hilton denied that motion, which Bell appealed to the state Supreme Court.
Bell said in a statement that he would continue to do everything in his power to save Williams’ life.
“Even for those who disagree on the death penalty, when there is a shadow of a doubt of any defendant’s guilt, the irreversible punishment of execution should not be an option. As the St. Louis County prosecutor, our office has questions about Mr. Williams’ guilt, but also about the integrity of his conviction,” he said.
No forensic evidence such as hair, fingerprints or DNA had ever tied Williams to the crime, though detectives say the killer may have worn gloves. Police did find some of Gayle’s belongings in Williams’ car, and he pawned a laptop belonging to her husband. He was convicted largely on the testimony of a former girlfriend, Laura Asaro, and a jailhouse informant named Henry Cole.
Bell initially focused on three experts who said unknown DNA found on the handle of the knife used as the murder weapon could not be from Williams. But further testing proved that those samples were consistent with the profile of Ed Magee, an investigator in the prosecutor’s office at the time. The review also found that Keith Larner, a veteran prosecutor who handled the Williams case in 2001, could not be excluded as a contributor.
Larner admitted in an August hearing that he touched the knife multiple times without gloves, saying that it was standard practice for the office back in 2001.
While those findings meant the evidence had been contaminated, they also no longer pointed to an unknown killer. That was the moment, Hilton wrote in his Sept. 12 opinion, that the actual innocence claim “unraveled.”
The state Supreme Court agreed, writing, “This evidence undermined Prosecutor’s claim of actual innocence and fully supports the circuit court’s finding that this evidence neither shows the existence of an alternate perpetrator nor excludes Williams as the murderer.” The judges also rejected arguments from the attorneys that the contamination of the evidence was done in bad faith.
“The fact the protocols for handling evidence in 2001 differs from protocols today shows only that the scientific understanding of DNA transmission has evolved over the last 23 years,” Fischer wrote.
At that same August hearing, Larner admitted that “part of the reason” he struck a juror was because both Williams and the juror had similar “piercing eyes,” and he believed they looked like brothers. Prosecutors said that proved the juror was eliminated solely based on his race, in violation of a 1986 U.S. Supreme Court ruling. Multiple appeals courts at the state and federal levels had already rejected those claims, but attorneys for Williams said the new evidence warranted a second look from a lower court.
The high court disagreed, accusing Bell and attorneys for Williams of cherry-picking the record. When asked directly if he struck that juror based on race, the judges wrote, Larner replied “no, absolutely not.”
Also on Monday, a federal appeals court rejected efforts by Williams’ attorneys to again raise the issue of jury selection at the federal level. His attorneys are now asking the U.S. Supreme Court for a stay of execution, allowing for a review of the jury issue and the decision by Parson to terminate a board of inquiry studying Williams’ conviction before the board had made any recommendations. The state’s high court had found that a board of inquiry is within the clemency power of the governor, which cannot be limited. The Midwest Innocence Project contends the decision violated Williams’ right to due process.
The Innocence Project’s executive director, Tricia Rojo Bushnell, said in a statement that the U.S. Supreme Court must step in to stop the execution, which she called an “irreparable injustice.”
“Missouri is poised to execute an innocent man, an outcome that calls into question the legitimacy of the entire criminal justice system,” she said.
(source: St. Louis Public Radio)
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Marcellus Williams Asks SCOTUS to Stay His Execution Based on New Evidence of Racial Bias in Jury Selection—-Mr. Williams is scheduled to be executed on Sept. 24 in Missouri, despite serious doubts about the integrity of his conviction and overwhelming support for his clemency request. Monday, Marcellus Williams asked the United States Supreme Court to stay his execution based on newly disclosed admissions by the trial prosecutor that he removed at least one Black prospective juror based on his race. St. Louis County Prosecuting Attorney Wesley Bell has confessed constitutional error in Mr. Williams’ case based on the new evidence of racial bias during jury selection, among other issues. Mr. Williams is scheduled to be executed tomorrow evening in Missouri despite serious doubts about the integrity of his conviction and overwhelming support for his clemency request. Mr. Williams’ stay motion states: “Astonishingly, at the evidentiary hearing on the Motion to Vacate held in the Circuit Court of St. Louis County on August 28, 2024, the trial prosecutor, on the stand and testifying under an adversarial process for the first time in this case’s history, admitted that he had struck Venireperson 64 because like Mr. Williams, Venireperson 64 was Black. “He proclaimed that “part of the reason” for his peremptory strike was because the Venireperson 64, a Black man, looked like Mr. Williams, also a Black man, and that the venireperson’s race was not “necessarily the full reason” he thought the venireperson and Mr. Williams looked so similar. He also declared that Venireperson 64 and Mr. Williams “looked like they were brothers.”’ (Stay Motion, p. 3) Mr. Williams is asking the Supreme Court to consider whether this newly discovered evidence of racial bias in jury selection warrants reopening his federal habeas corpus proceedings. The Eighth Circuit rejected this claim on Saturday. Today’s appeal to the Supreme Court and stay motion can be accessed here: Batson/Rule 60(b) Petition for Writ of Certiorari (Case No. 24-5606)—-https://drive.google.com/file/d/1eWx-Zcu1rq19JQ0yG0NXPiHBn-SBDb3E/view Batson/Rule 60(b) Application for Stay of Execution (Case No. 24A286)—-https://drive.google.com/file/d/186mvxHpPSDw_FPKvg9ulaz4MiLG3VAdW/view Monday morning, the Missouri Supreme Court heard oral argument on the Prosecuting Attorney’s appeal from the circuit court’s denial of his motion to vacate Mr. Williams’ conviction and death sentence. More information about Mr. Williams’ innocence case appears below. His execution is scheduled for 6:00 p.m. Central Time Tuesday. Governor Parson has yet to act on his pending clemency petition, which has garnered overwhelming, bipartisan support from across Missouri and the rest of the country. (source: innocenceproject.org)
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Attorney Statement: Despite Widespread Concern About Innocence, Racial Bias, and Other Errors, Missouri Governor Denies Clemency to Marcellus Williams before Sept. 24 Execution
Despite widespread support for clemency based on serious doubts about the integrity of Marcellus Williams’ conviction and death sentence, Missouri Governor Mike Parson has denied clemency to Mr. Williams, who is scheduled to be executed tomorrow at 6 p.m. CT.
The victim’s family has made clear they oppose Mr. Williams’ execution, and the St. Louis County Prosecutor moved to vacate his conviction. That motion was denied after the discovery that the trial prosecutor had contaminated potentially exculpatory DNA evidence. The Prosecuting Attorney also confessed constitutional error based on racially biased jury selection; appeals relating to this issue remain pending in state and federal court.
Mr. Williams’ case has drawn concern across the political and faith spectrum. More than one million concerned citizens petitioned Governor Parson to commute Mr. Williams’ death sentence, as did a group of 69 Missouri faith leaders from the Muslim, Christian, and Jewish communities.
Below is a statement from Tricia Rojo Bushnell, an attorney for Marcellus Williams
“Missouri is poised to execute an innocent man, an outcome that calls into question the legitimacy of the entire criminal justice system. Given everything we know about Marcellus Williams’ case—including the new revelations that the trial prosecutor removed at least one Black juror because of his race, and opposition to this execution from the victim’s family and the sitting Prosecuting Attorney, the courts must step in to prevent this irreparable injustice.”
Tricia Rojo Bushnell, attorney for Marcellus Williams
September 23, 2024
(source: innocenceproject.org)
OKLAHOMA—-impending execution
Oklahoma Death Row Inmate Makes Final Plea—-Emmanuel Littlejohn, a death row inmate scheduled to be executed on Thursday, is making a desperate plea for clemency.
As the clock ticks down to his scheduled execution, Oklahoma death row inmate Emmanuel Littlejohn is making a last-ditch appeal for clemency hoping to convince Gov. Kevin Stitt to spare his life.
Just days remain before the state plans to carry out the death sentence for Littlejohn, convicted in the 1992 robbery and murder of a convenience store owner.
“Gov. Stitt, please spare my life,” Littlejohn said in a recorded message. “I would appreciate it if you would save my life… I pray that you would please save my life.”
Littlejohn’s mother, Ceily Mason, echoed her son’s plea in a message of her own. “Governor, please think about it. Please save my child,” she implored, “Killing my son, you’d be killing me too. I wasn’t a good mother. God gave me a 2nd chance. Give my son a 2nd chance, please.”
10 billboards in Oklahoma City are displaying the message, “Gov. Stitt: ‘Be Merciful, Just as Your Father is Merciful.’” The message is part of a broader campaign from Death Penalty Action, a group of anti-death penalty activists.
Other advocates include Littlejohn’s spiritual advisor, Reverend Jeff Hood, who has been actively calling for clemency. Hood believes Littlejohn’s role in the crime has been mischaracterized and is praying for a merciful outcome. Hood claims Littlejohn’s role in the crime has been misrepresented.
More than 3 decades ago, Littlejohn and his accomplice, Glenn Bethany, robbed the Root-N-Scoot convenience store in south Oklahoma City. During the robbery on June 19, 1992, the 31-year-old convenience store owner Kenneth Meers, tried to intervene with a broom in hand. He was shot in the face during the confrontation.
Eyewitness accounts vary on who pulled the trigger. Littlejohn’s supporters claim his accomplice was the actual shooter. Prosecutors maintain Littlejohn is responsible for the shooting.
Bethany was convicted of 1st-degree murder and is currently serving a life sentence without the possibility of parole, while Littlejohn received the death penalty. The inconsistencies in the case are why activists believe Littlejohn should be granted clemency.
During his clemency hearing, Littlejohn said, “I understand their [Meer’s family] emotions and I pray for them. But I didn’t kill their son.”
The Meers family has been vocal in their opposition to any reprieve for Littlejohn.
The victim’s brother, Bill Meers, expressed the family’s position again during last month’s clemency hearing. “I believe my mom died of a broken heart,” he said, referring to their mother, Dolores Meers, who passed away before the hearing. “I cannot and will not forgive this man for carelessly finding Kenny’s life meant nothing.”
Attorney General Gentner Drummond also opposes clemency, describing Littlejohn as “a violent and manipulative criminal who refuses to take responsibility for his actions.”
Defending the punishment before the Pardon and Parole Board, he said, the Meers family has waited too long for justice and the death penalty is appropriate.
Despite this, the Pardon and Parole Board recommended clemency in August—a decision that now rests in the hands of Gov. Stitt.
Stitt, who lifted the moratorium on executions in 2020, has granted clemency only once during his five years in office.
Stitt has until the execution to decide Littlejohn’s fate. If Stitt has not announced by Wednesday, activists plan to deliver a petition with thousands of signatures to his office.
Littlejohn’s fate now rests in the hands of Gov. Stitt, who has yet to indicate what action he will take. The execution is scheduled for 10 a.m. on Sept. 26 at the Oklahoma State Penitentiary in McAlester.
(source: newson6.com)
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Oklahoma Doesn’t Want to Execute Richard Glossip. Will the Supreme Court Force Them to Do It Anyway?—-Prosecutors are refusing to defend Richard Glossip’s 1997 murder conviction. But the Supreme Court gets to make its own decision.
Last year, Oklahoma Attorney General Gentner Drummond did something prosecutors rarely do: He admitted a prosecutor’s office was wrong. Faced with abundant evidence that Oklahoma had sentenced Richard Glossip to death without giving him a fair trial, Drummond’s office supported Glossip’s efforts to stop the execution.
Glossip was convicted of the 1997 murder of Barry Van Treese, owner of the Oklahoma City motel where Glossip worked as a manger. It was the motel’s handyman, Justin Sneed, who bludgeoned Van Treese to death with a baseball bat. But as part of a plea deal to avoid the death penalty, Sneed testified that Glossip hired him to commit the murder. As a result, Sneed was sentenced to life in prison. Glossip was sentenced to death.
In response to public outcry, state legislators later hired attorneys to conduct an independent investigation, and the state attorney general’s office separately hired an independent counsel to review Glossip’s case. Both investigations revealed a litany of errors at trial, including material misstatements by Sneed and suppression of evidence by the district attorney’s office. Sneed said he had never seen a psychiatrist, but at the time of the murder, he was actively taking a medication prescribed by a psychiatrist that, when combined with his drug use, is known to make people volatile.
The investigators found that if the jury had known those facts—and if they knew Sneed had lied under oath about them—the jurors might have taken Sneed’s testimony pinning the murder on Glossip with a grain of salt. The prosecutor also concealed that police pushed Sneed into implicating Glossip, and that Sneed later called his testimony a “mistake” that he wanted to “recant.”
Because of these revelations, the Oklahoma attorney general’s office said that on appeal, it was “not comfortable” arguing that the result of the trial would have been the same even without the errors. “The State has reached the difficult conclusion that justice requires setting aside Glossip’s conviction,” Drummond wrote in a 2023 court filing.
The Innocence Project has characterized admissions like this one—“confessions of error,” in legal terms—as “extraordinary events.” Between 1908 and 2022, the state confessed error in just 298 cases in Oklahoma’s criminal appeals court, according to the National Association of Criminal Defense Lawyers—on average, just a handful each year. But then something even rarer happened. In all but 2 of those 298 cases—99.3 %—the court agreed with the state and granted the defendant relief. This time, however, the Oklahoma Court of Criminal Appeals denied the motion, concluding that the attorney general’s confession of error was “not based in or law of fact.” The court concluded that Glossip didn’t provide enough new information to warrant setting aside the verdict, and was unmoved by the fact that Oklahoma doesn’t want to kill him anymore.
The U.S. Supreme Court will hear oral argument in Glossip v. Oklahoma on October 9, but don’t let the “versus” fool you: Both Glossip and Oklahoma asking the justices to let Glossip live. “Absent this Court’s intervention, an execution will move forward under circumstances where the Attorney General has already confessed error—a result that would be unthinkable,” Drummond wrote in a court filing. Since Oklahoma and Glossip are in agreement, the Supreme Court brought in a third party to defend the criminal appeals court’s judgment. The court-appointed amicus’s argument is that the Supreme Court doesn’t have the jurisdiction, and that state courts don’t have to defer to prosecutors who later admit they got it wrong. Under the Constitution, basic fairness is admired, but not required.
All the relevant parties here want Richard Glossip to live. It would cost the Court nothing to grant their wish. Instead, the Court is entertaining the idea that it can force the state to execute someone against its wishes. The death penalty is a moral stain on the nation, and the judiciary only worsens the blot.
(source: Madiba K. Dennie is the Deputy Editor and Senior Contributor at Balls & Strikes)
CALIFORNIA:
Oakland prosecutors kept Black, Jewish people off juries to promote death penalty convictions—-In Alameda County, documents reveal a practice going back decades of prosecutors manipulating juries to increase the likelihood of a death penalty conviction.
The role of the death penalty as a toll of the racist system of criminal punishment has been long documented. In the case of Alameda County, California, the inside story of how prosecutors influenced jury selections to increase the likelihood of death penalty convictions demonstrates how the racism of capital punishment remains with us in the 21st century. For decades, prosecutors worked to limit jury participation from Black and Jewish individuals in order to produce juries that were more likely to support capital punishment. Michael Collins, Senior Director of Government Affairs at Color Of Change, joins Rattling the Bars for a revealing discussion on prosecutor misconduct, and what it tells us about the state of the criminal injustice system.
Mansa Musa:
Welcome to this edition of Rattling The Bars. I’m your host, Mansa Musa.
The death penalty in the United States of America. At one point in time, the Supreme Court had put it on hold because of the manner in which it was being given out. At that time, the way it was being given out is upon a person being found guilty of a capital offense, the judge made the ultimate determination whether they got the death penalty or not. Throughout the course of litigation and the evolution of the legislative process, the death penalty started taking on the shape of a jury determining whether or not a person gets the death penalty or not after they were sentenced.
What we have now, in this day and age; and when I first heard it, it startled me to even believe that this was taking place; but in California, they have, in certain parts, the death penalty being given out, but more importantly, the death penalty given out by the prosecutor and the courts through their systematic exclusion of people’s juries of their peers. The prosecutors, along with the courts, have systematically set up a template where they look at anybody that they think is going to be fair and impartial and have them removed from the jury. Subsequently, a lot of men and women are on death row in California.
Here to talk about the abuse of this system and the discovery of the process and exposing it is Michael Collins from Color of Change.
Welcome, Mike.
Michael Collins:
[inaudible 00:01:54] to be here. Thank you for having me.
Mansa Musa:
Hey, first, tell us a little bit about yourself, then a little bit about your organization before we unpack the issue.
Michael Collins:
I’m originally from Scotland, as you can probably tell.
Mansa Musa:
Mm-hmm.
Michael Collins:
In the US since 2010, so like 15 years or so. Was in Baltimore for 10, 12 years off and on, and then I’m now in Atlanta.
Color of Change, where I work, is one of the largest racial justice organizations in the country. I oversee a team that works on state and local policy issues. We do a lot of work on prosecutor accountability and criminal justice reform, which is how we became involved in this death penalty scandal.
Mansa Musa:
All right.
And right there, because when I was at the conference in Maryland, [inaudible 00:02:50] Maryland, one of the panelists was one of your colleagues, and the topic they was talking about was prosecutorial misconduct. And in her presentation she talked about, and you can correct me as I go along … And I think it’s Alameda County in California?
Michael Collins:
Yep. That’s where Oakland is. Yeah.
Mansa Musa:
Right. In Oakland, they had … Since 2001, the prosecutors always had set up a system where they systematically excluded minorities, poor people; anyone that they thought would be objective in evaluating the case, they had them excluded, therefore jury nullification, and stacking the jury that resulted in numerous people getting the death penalty.
Talk about this case and how it came about.
Michael Collins:
Yeah, it really was shocking when we first heard about it. You know, we had been doing work on prosecutor accountability in Oakland in Alameda County, and there was a prosecutor elected, a Black woman, called Pamela Price, who was elected on a platform of trying to reform the justice system and use prosecutorial discretion to kind of right the wrongs of racial injustice and do more progressive policies within the office. And she discovered, or one of her staff discovered, that over a period of three or four decades, prosecutors in the office had been systematically excluding Black and Jewish people from death penalty juries.
Now, in other words, how this happened was, when you go into a trial, there’s a process of jury selection, and prosecutors and defense lawyers can strike certain people from juries. Maybe people have seen some of this on TV.
Mansa Musa:
Mm-hmm.
Michael Collins:
You’re not allowed to … Constitutionally, you are not allowed to strike people for race reasons, for religious reasons. But there was a sense from these prosecutors, who were very tough on crime prosecutors, who wanted to … They saw the death penalty as a trophy almost to be achieved, and they wanted to win at all costs. And so they believed that Black people and Jewish people would be less sympathetic to the death penalty and more likely perhaps to find an individual not guilty; more squeamish, if you like, about finding someone guilty who would then get the death penalty.
Mansa Musa:
Right.
Michael Collins:
And so what Pamela Price, this district attorney, discovered was a series of notes and papers that documented the ways in which individual prosecutors were excluding people from juries in this way and really giving people an unfair trial.
And California has, for a number of years now, had a moratorium on the death penalty. They’ve essentially hit the pause button on the death penalty. But for a number of years it was really a state that carried out the death penalty [inaudible 00:06:28].
Mansa Musa:
Yeah, you’re right.
Michael Collins:
And also, one of the more startling things about this is Pamela Price, she came in, she discovered these notes. I think her reaction was, “This is crazy. How does this happen?” And it actually turns out that somebody sort of raised the alarm bell about this as far back as 2004; a prosecutor in the Oakland office who came out and he was like, “Listen, I was leading the trainings on this. I was somebody who was part of making these policies.” And the admission went before judges, it went before courts of appeals, and they threw it out, they didn’t believe this guy. And they kind of hounded this guy, the death penalty prosecutor, who essentially had a change of heart, and they hounded him out of town. And he now lives in Montana and practices law.
And I think he probably feels a sense of vindication about this, but it’s very troubling for us, the cover-up that’s gone on and the number of people that are implicated. So far, we know of at least 35 cases of individuals, but the DA is investigating this; it’s probably going to be more than 35 cases. Right?
Mansa Musa:
Right.
Michael Collins:
It probably extends beyond the death penalty to be honest. It probably extends to other, I would say, serious crime cases where, as I say, prosecutors wanted to win at all costs and used any tactic to get a guilty verdict, including essentially tampering with the jury.
And we are in a position now where I think what we want is some level of accountability. We want these individuals who have been sentenced to be exonerated. They were given an unfair trial. That’s abundantly clear. The judges and the prosecutors who were involved in this scandal, who stole lives and who essentially put people on a path to the death penalty, what is the accountability for them? And so that’s something that Color of Change is really pushing.
Mansa Musa:
All right, so talk about the … Because now you’re saying over 3 decades. First, how long has the moratorium been on?
Michael Collins:
Since the current governor took office. So I think it’s 4 or 5 years.
Mansa Musa:
Okay, so 4 or 4 years. So prior to that, they was executing people.
Michael Collins:
Yes.
Mansa Musa:
All right, so how many people, if y’all have this information, how many people have been executed in that period [inaudible 00:09:30] period?
Michael Collins:
We don’t have the numbers on that. I think what we are looking at just now is 35 cases where they’ve identified that are people who are now serving life sentences as a result of the moratorium. Because when the governor said, “We’re not doing the death penalty anymore” and hit the pause button on the death penalty … And again, I’ll stress that it is a pause button, right?
Mansa Musa:
Yeah, right, right.
Michael Collins:
A new governor, a new person could take office. It’s not like it’s been eliminated.
But when we kind of hit the pause button on the death penalty, there were a number of people who had their death penalty convictions converted into life sentences. And that was how part of this process was uncovered, because Pamela Price, this district attorney, her office was working on what kind of sentence that people … They were working with a judge to try and figure out some sort of solution to these cases where people were having their cases converted to another sentence, like perhaps a life sentence, life without parole, something like that. And in the process of working with a federal judge, that’s when they discovered these notes and files and [inaudible 00:10:49].
Mansa Musa:
Let me ask you this here.
Michael Collins:
Yeah.
Mansa Musa:
Okay, so I know in the state of Maryland where I served my time at, and I’m in the District of Columbia now, the sentencing mechanism, as I opened up, was a case came out, Furman Act versus United States. That’s the case that … Furman versus United States. That’s the case that they used to change the way the death penalty was being given out back in the 70s.
Because during that time, Andre Davis had just got arrested, so there was a campaign out in California to abolish the death penalty. But what wound up happening is they had a series of case litigation saying they violated the eighth amendment. So what ultimately happened was that the Supreme Court ruled that the way the death penalty was being given out, which was the judge was the sole person that gave it out, they changed it to now they allowed for after the person was found guilty, then the jury would determine whether or not they got the death penalty, that was based on the person that’s being looked at for the death penalty, or have the opportunity to allocute why it shouldn’t be given.
But how was the system set up in California? Is the person found guilty and then given the death penalty? Or is the person found guilty and then they have a sentencing phase? How is the system in California?
Michael Collins:
Yeah, I think a person’s found guilty and then there’s a sentencing phase. And there were a lot of articles about this and about the different lawyers in California.
I mean, I think there’s obviously a movement to end the death penalty, and it’s gathered a lot of momentum in the last five or 10 years. But I think if you go back to the 80s and the 90s especially, this era, whether you were in Maryland or whether you were in California, whether in Kentucky, just across the country, this very tough on crime era and harsh sentences, I think that the death penalty for prosecutors, or what we’ve been told and what we’ve read, the death penalty cases were almost like a prize for the prosecutors [inaudible 00:13:06] do the cases. It was the most complex cases, it had the most prestige attached to it, and they were really valued on their ability to win these cases. And so they would send their best prosecutors to do these cases. They would ask for the death penalty frequently.
And that’s why we have a situation where … At the very least, we know in a place like Oakland, which is not a huge place, we have 35 cases right now that they’re looking at; one of the cases has already been overturned, the conviction has been quashed of an individual. We expect that to happen in a lot of these cases as they examine the evidence, how much the death penalty was … The jury selection was a key factor in the conviction.
But yeah, I mean, it certainly was the case that the death penalty was used very frequently in California.
Mansa Musa:
Okay. So in terms of … And the reason why I asked that question, I’m trying, for the purpose of educating our audience, to see at what juncture was the exclusion taking place? Or was it across the board, because [inaudible 00:14:21]-
Michael Collins:
Yeah. So my understanding is the exclusion took place as they were selecting the jury. Right? You start off with a pool … Maybe some of your audience have been selected for jury duty, when you go in and you’re sitting in a room and there’s maybe a hundred people, and then eventually they whittle it down to 12 people and some alternates. And in that process, as a prosecutor and as a defense lawyer, you’re striking people from the jury and saying, “No, I don’t want this person.”
The reasons for doing that are supposed to be sort of ethical and constitutional, like, “What do you think of the … ” You’ll be asked, “What do you think of the police? What do you think of law enforcement? Do you trust the judicial process?” They’re trying to figure out, “Are you going to be able to properly serve on this jury? Are you tainted in some way?”
But the notes were really about a feeling that Black people were not sympathetic to the death penalty [inaudible 00:15:30] not convict; or Jewish people, because of their beliefs, because of their religion, were also not sympathetic to the death penalty. And so the prosecutors were trained and instructed to make sure, if they found out a person was … If they had a Jewish last name or something like that, or if a person was Black, ask some questions, figure it out, but essentially get them off the jury.
And there was even a case … I mentioned before, we’re talking a lot about prosecutors, judges were involved in this as well.
Mansa Musa:
Right, right.
Michael Collins:
There was a case where a judge pulled the prosecutor after jury selection into his chambers and said, “You have a Jewish person on the jury. What are you doing? Get that person off the jury.”
Mansa Musa:
Oh my Goodness.
Michael Collins:
And so the sort of depths of the scandal are beyond kind of prosecutors. It’s a real institutional crisis.
And that’s why we want the governor to get involved, Governor Newsom to get involved and provide resources to investigate this. We want the Attorney General to get involved and investigate this. Because this is a very clear and obvious scandal.
And it’s not enough to, in our opinion, re-sentence these individuals, exonerate them. Other people did some very, very shady things and very unethical things and illegal things and ruined people’s lives. And as far as they were concerned, these people were going to be killed. And so we want to make sure that there’s accountability for that. They treated this like it was a sport, like it was a competition, and people’s lives have been ruined as a result. And we want to make sure that people are held accountable for what they did.
Mansa Musa:
Talk about the … Okay, so talk about this prosecutor, the one that came in with this reform. Was this something she campaigned on and then carried it out?
Michael Collins:
No. So-
Mansa Musa:
What’s her background? What’s your information on her?
Michael Collins:
Yeah, it’s a good question.
So Color of Change has worked a lot on trying to reshape the way that prosecutors operate. I mean, historically, prosecutors, they are the most powerful player in the system. They will decide how much bail you get, how long you’re going to be on probation. Everybody likes to imagine trials like judge, jury and [inaudible 00:18:00]. Most cases are a guilty plea that are executed by the prosecutor themselves. So they have tremendous power. And very often, as we’ve seen with this scandal, prosecutors are just old school tough on crime; “I’m going to get the heaviest sentence and put this guy away for as long as possible.” That was their vision of justice.
And Color of Change, along with a number of other organizations, wanted to elect prosecutors that were more justice oriented, that were more reform minded, that were people who had a different view of the justice system and wanted to use some of that tremendous power within the prosecutor’s office to do good, to do justice, to reform them.
And so roundabouts of 2016, 2017, you saw a lot of prosecutors get elected that were more interested in things like police accountability; Marilyn Mosby in Baltimore, Kim Fox in Chicago. There was also Larry Krasner in Philadelphia.
Mansa Musa:
Philadelphia. Right.
Michael Collins:
And they came in and they did things like exonerations. They would investigate previous cases where the office itself had convicted somebody and they would find wrongdoing, and then they would overturn that verdict and the person would go free. They did things like non-prosecution of low level offenses or diversion, stuff like that.
Anyway, Pamela Price came in as the Oakland DA, a historically Black jurisdiction. She herself had a civil rights background, was not a prosecutor, and took office to really try to reshape the office after decades of having a tough on crime prosecutor, mostly white led office that [inaudible 00:20:07] locking up Black people and throwing away the key. And she came in with a lot more of a nuanced approach.
And I think … She didn’t campaign necessarily on this scandal, but I think it’s true to say that a lot of other prosecutors, the traditional tough on crime prosecutors, would’ve discovered these files and been like, “Just put that back. Forget it.”
Mansa Musa:
Right, right.
Michael Collins:
Because you’re opening a hornet’s nest here, because if you think about … There’s victims involved, there’s family members, there’s cases; some of these cases are sort of 20, 30 years old. It’s not easy what the office is going to have to go through to reinvestigate these things.
Mansa Musa:
Mm-hmm.
Michael Collins:
But I think this crop of prosecutors that has a different vision of justice and what justice is, and they do want to hold people accountable for wrongdoing, whether it is somebody who commits a homicide or a prosecutor who commits misconduct or a police killing, they apply that kind of one standard of justice.
And so she was very open and sort of found these files and then approached a federal judge and said to the judge, “Look, here’s all this evidence that there was this of systemic racism, anti-Semitism that resulted in people getting the death penalty.” And the federal judge was the one who said, “Okay, you need to review all these cases. You need to move forward with a full [inaudible 00:21:42].” So that’s what’s happening right now.
So that’s kind of Pamela Price’s story. Incidentally, she’s actually being recalled in California.
Mansa Musa:
Oh yeah, yeah. Larry Krasner. He was like … In Philadelphia, it was the same thing we have with them.
Michael Collins:
Yeah, it’s the same thing. There was a big backlash [inaudible 00:21:54]-
Mansa Musa:
Kim Fields. Yeah, yeah. Same thing we have with them.
Michael Collins:
… Prosecutors in this sort of … You know.
Mansa Musa:
Yeah, yeah.
Michael Collins:
And it’s hard because if she is recalled in November, I don’t really know what’s going to happen to these cases.
Mansa Musa:
Oh, I know. You know what’s going to happen. They’re going to go to the defendants and they’re going to sweep it up under the rug.
Michael Collins:
Yeah. Well, that-
Mansa Musa:
But talk about the community, because that’s what that lead me right into this because of what you say about her and the prospect that she might be recalled. Talk about your organization’s work in educating and mobilizing the community, because ultimately, if the community is engaged in the process because it’s their family members that’s being … Oakland is the birth for the Black Panther party. Oakland has a rich history of civil disobedience, police brutality. The list goes on and on. If the community … Where are y’all at in terms of organizing or mobilizing or having some kind of coalition around this-
Michael Collins:
Yeah, we have a coalition on prosecutor accountability where we try and … You know, we are not sort of … Prosecutors are part of a very broken system, right? We don’t want to be cheerleaders for these prosecutors. We talk more about accountability, so prosecutor accountability.
Mansa Musa:
Right.
Michael Collins:
So we have a coalition that we’re members of with Ella Baker Center and ACLU and a number of other local groups, where we meet regularly with the DA, but we try and push her to embrace more progressive policies. We try and push her to move more quickly on some death penalty cases. But at the same time, if she’s doing the right thing like she’s doing on these death penalty cases, we’re certainly going to defend her and go out there and support what she’s doing.
Mansa Musa:
Right, right, right, right. Because … Yeah. Right.
Michael Collins:
So we do community events. I’m actually in New Orleans just now where we’re holding an event with around about a hundred folks from across the country from different groups to talk about, how do you … Including people from Oakland, to talk about, how can you push your prosecutor and what should you do about it?
But as you know, it’s a very tough time for criminal justice reform, right?
Mansa Musa:
[inaudible 00:24:02] That’s right. That’s right.
Michael Collins:
[inaudible 00:24:02] public backlash, where coming out of the killing of George Floyd, there was actually a lot of mobilization of people on the streets calling for reform. And very quickly that’s disappeared and we’ve been attacked relentlessly. Anybody who engages in reform, police accountability, the establishment wants rid of them, the conservatives.
And to be honest, especially in a place like California, what we see is a lot of centrist Democrats running scared-
Mansa Musa:
Oh yeah, yeah, yeah, yeah. Yeah.
Michael Collins:
… Using the same talking points as Donald Trump on crime. And that’s just very unfortunate.
So it is an uphill struggle because there’s so much misinformation out there about crime and about prosecutors and about progressive policies. But we’re trying, we’re trying to educate people. And when you see something like this happen, we try and tell people, “Look, other prosecutors would look the other way.”
And that certainly is what happened. As I mentioned before, this scandal goes back decades [inaudible 00:25:11].
Mansa Musa:
Yeah, that’s crazy.
Michael Collins:
And this woman is in office and she has had [inaudible 00:25:13].
Mansa Musa:
But the thing about the thing that … To highlight your point about reform and how we had the upper hand in terms of George Floyd, but George Jackson said that, and he was the best [inaudible 00:25:30] person, he would describe it as reform; all the call for police accountability and divest, all those, the fascists and capitalists, they took them conversations and they twist it, and they twist it to the form like Cop City where we saying like, “Well, we’re doing this to create the reform that you’re talking about, so we want better educating, better training. But you’re trained to be paramilitary.”
And the same thing with what’s going on right now in terms of any type of social justice movement around prosecuting misconduct and what they call progressive prosecutors. I interned with a organization that that’s what they did. They got prosecutors, they educated them, got them involved and become progressive prosecutors. But all the progressive prosecutors are just doing what they was mandated to do, to find the truth for justice, search for the truth and justice, all them are being recalled, targeted, and organizations like yourself.
Talk about where y’all at now in terms of y’all next strategy around this issue.
Michael Collins:
So we are having conversations with the Attorney General’s office because the Attorney General plays this role where they themselves can identify that misconduct has happened, the unconstitutional jury instructions, and they can make a ruling. And they have more resources and more [inaudible 00:27:04] than the local DA.
So we met two weeks ago, I think, with the Attorney General’s office to try and push them to get more involved. We’re pushing the governor to dedicate more resources and get more involved in this, you know, somebody who himself opposes the death penalty. And we’re trying to keep the drum beat going in terms of [inaudible 00:27:31] attention. Good organizations like you guys; really appreciate you reaching out to us on this because it is so important that more people know about this.
I’m always surprised that it isn’t a bigger story. When I found out about this, I was like, “Oh, this is going to be front page.”
Mansa Musa:
Right, right, right. It should be. Yeah. Yeah.
Michael Collins:
But I guess there’s so much going on just now, I don’t know, you never can tell what’s going to [inaudible 00:27:55].
Mansa Musa:
But in terms of, how can our viewers and listeners get in touch with you and how do they … Tell them how, if they want to support y’all efforts, what they can do to [inaudible 00:28:07].
Michael Collins:
Yeah, so Color of Change has a website called Winning Justice, which is our prosecutor accountability work. And if you go on there, you’ll see a number of actions that people can take around this death penalty scandal, even with their own local prosecutors, trying to get involved, set up coalitions, actions that can be taken where you can push your own prosecutor, whether they’re progressive or not, to do more justice and engaging [inaudible 00:28:34].
Mansa Musa:
Right.
Michael Collins:
See the latest episodes…
Rattling the Bars
Rattling the Bars puts the voices of the people most harmed by our system of mass incarceration at the center of our reporting on the fight to end it. The show was founded by the late Black Panther and political prisoner Marshall “Eddie” Conway, and is now hosted by Charles Hopkins, better known as Mansa Musa, who himself spent 48 years behind bars.
So yeah, it’s Winning Justice is our website. And if you search for it, you’ll find it and you’ll see a ton of actions and just our positions on a bunch of different issues and what we try and do with prosecutors to get them to engage more in reform.
Mansa Musa:
Well, thank you, Mike.
There you have it. The real news rattling the bar. It might be strange, it really might be a stretch of your imagination to believe that elected officials would actually say that if you are Black and you are Jewish, that you don’t have a right to serve on the jury because you might be sympathetic to the defendant, be it the death penalty, be it the defendant’s economic and social conditions.
But because they think that you might be sympathetic to that, that is saying like, “Well, you might just be objective to see that it’s a set of circumstances that contributed to the outcome of the charge. But no, as opposed to do that and search for the truth, what I do as a prosecutor, I put a playbook together and say, ‘These people, under all circumstances, cannot serve on the jury’, and do it for over 3 decades, not knowing how many people has been executed as a result of this malicious behavior.”
Yet ain’t nobody being charged, ain’t nobody being indicted, ain’t nobody being fired. They’re being awarded a medal of honor for this dishonorable act.
We ask that you look into this matter and make a determination. Do you want your tax dollars to support this type of behavior? We ask that you look into this matter and check out what the Color of Change has to offer in terms of their advocacy and see if it’s something that you might want to get involved with.
Thanks, Mike. Thank you for coming on.
Michael Collins:
I appreciate it. Thank you for your time.
(source: Mansa Musa, also known as Charles Hopkins, is a 70-year-old social activist and former Black Panther. He was released from prison on December 5, 2019, after serving 48 years, nine months, 5 days, 16 hours, 10 minutes. He co-hosts the TRNN original show Rattling the Bars—-therealnews.com)
USA:
We’re Witnessing the Worst Execution Spree in 3 Decades
This week is shaping up to be a very bad one for death penalty opponents in the United States. If all goes according to plan, states will put 5 people to death in a 1-week span ending Thursday. That is an unusual, though not unprecedented, number of executions in such a short period of time.
To understand just how unusual it is, consider that in 2023, the total number of executions for the entire year was 24, less than 1 execution every other week. In 2022, 18 people were put to death, for a rate of roughly 1 execution every 3rd week.
Indeed, one would have to go back almost 3 decades, to 1997, to find a parallel to what may unfold this week. During a 7-day period in May that year, Texas executed 5 people.
But unlike 1997, this week’s executions will occur in 5 different states.
It all started on Friday when South Carolina executed Khalil Allah, formerly known as Freddie Owens, its 1st execution since 2011. The others are planned for Tuesday and Thursday in Texas, Missouri, Alabama, and Oklahoma, all of which regularly carry out executions.
It is just a coincidence that all these states are moving in lockstep. Coincidence or not, a close look at each of the cases in which someone will be executed this week highlights not just the kind of horrible crimes that can land someone on death row but also many of the death penalty’s crippling problems.
This week’s executions include 2 cases in which there are substantial doubts about whether the person being executed is actually innocent. 2 others illustrate the fact that the death penalty is often used against people who are poor, vulnerable, abused, and in many ways broken, not against the worst criminals. The 5th highlights America’s futile search for a method of execution that will be safe, reliable, and humane.
And the fact that 3 of the 5 people who will be executed this week are Black only underlines the continuing salience of race in determining who gets sentenced to death and executed.
All told, this week’s execution spree should unsettle all Americans, whether or not they support the death penalty. It will offer further reasons for why capital punishment should be abolished everywhere in this country.
To see why, let’s start with last Friday’s execution of Khalil Allah. He was convicted of the 1997 murder of Irene Grainger Graves, a single mother of 3 who worked as a convenience store clerk.
No physical evidence connected Allah to the crime. The key evidence against him was testimony from his co-defendant, Steven Golden, who said Allah shot Graves.
Golden did so after reaching a deal with prosecutors that he would not be given a death sentence in return for his testimony. Allah maintained his innocence from the time he was arrested to the day he died.
And just before South Carolina put him to death, new evidence came to light suggesting that what he had been saying for years was true. Last Wednesday, Golden recanted his testimony and signed an affidavit saying, “Freddie Owens is not the person who shot Irene Graves at the Speedway on November 1, 1997. Freddie was not present when I robbed the Speedway that day.”
But, neither the South Carolina Supreme Court, the state’s governor, nor the United States Supreme Court was moved to save Allah from the ultimate punishment for a crime he may not have even committed.
On Tuesday, Missouri may follow South Carolina and execute Marcellus Williams, another person who is the victim of a miscarriage of justice. He would be the 3rd death row inmate executed in the state this year.
As Newsweek notes, “Williams was convicted of murder and sentenced to death in connection with the 1998 death of social worker and former journalist Felicia Gayle.” None of the physical evidence collected at the scene pointed to Williams.
Williams’ conviction, like Allah’s, Newsweek suggests, “turned on the testimony of 2 unreliable witnesses who were incentivized by promises of leniency in their own pending criminal cases and reward money.”
Eventually, even the prosecutor’s office that originally brought the case against Williams asked the courts to stop the Tuesday’s execution, so far to no avail.
Meanwhile, on Tuesday, Texas plans to execute Travis Mullis, making him the 4th person the state has executed in 2024.
Mullis was found guilty of capital murder in 2011. According to Newsweek, “He was accused of sexually assaulting his 3-month-old son, Alijah Mullis, then stomping on his head and choking him, resulting in death.”
No one contends that Mullis is innocent of that horrible crime. But his case shows the way that America’s death penalty is used against troubled and vulnerable people.
Mullis has a mental illness resulting from a troubled and abusive childhood. His attorneys say that he “was in and out of mental health treatment centers, diagnosed with post-traumatic stress disorder, bipolar disorder, and attention-deficit/ hyperactivity disorder.”
Mullis also was ill-served by the lawyers in his original trial who did “a poor job of describing the depths of his mental illness.” As a result, “The jury heard just a fraction of the horrors in Mullis’s life.”
Like with Mullis, if Oklahoma goes ahead with its plan to kill Emmanuel Littlejohn on Thursday, it will execute someone who was abused throughout his childhood and whose formative years were marked by “frequent exposure to violence and drugs.”
Littlejohn was 20 years old when he murdered Kenneth Meers, during a robbery. His lawyers contend that because of the abuse he suffered, at the time of the killing, Littlejohn’s brain was “less developed than the typical 20-year-old’s.”
In addition, they note that “a death sentence in a case with similar facts hasn’t been handed down in more than 15 years.” Those facts convinced a majority of the members of the Oklahoma Pardon and Parole Board to recommend that the governor commute Littlejohn’s sentence. So far, the governor has not said what he will do. Finally, this week Alan Eugene Miller is scheduled for a 2nd trip to Alabama’s death chamber. In 2022, the state failed to complete its 1st execution attempt using lethal injection when they were unable to access a vein. Miller joined a long list of people whose executions by lethal injection were seriously botched. Now, Alabama plans to kill him using nitrogen hypoxia. It would only be the 2nd time that this method has been used anywhere in the country. The 1st time was in January of this year when Kenneth Smith was executed. It did not go well. Witnesses say Smith suffered greatly. That gruesome spectacle does not bode well for Miller. 5 executions in 7 days will give America a vivid picture of what happens when the state kills. We should take this opportunity to consider whether we want to continue using unreliable methods of execution, risking killing people who just might be innocent, or are the victims of abusive childhoods or mental illness, or who get a death sentence because of their race or the race of their victims. In the end, this week will not just be a bad week for those who wish to abolish the death penalty. It will be a bad week for everyone who hopes to make this country a fairer, more just, and more compassionate place. (source: Austin Sarat, slate.com)
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1600th Scheduled Execution Demonstrates Disconnect Between Elected Officials and Declining Public Support for the Death Penalty—-The Death Penalty Information Center (DPI) has documented every execution in the U.S. in the modern death penalty era.
The United States is expected to reach a milestone in the administration of capital punishment this week. If all 4 scheduled executions proceed in Texas, Missouri, Oklahoma, and Alabama, the U.S. will reach the 1600th execution in the modern era of the death penalty, despite public opinion polls showing growing concerns about the fairness and accuracy of the death penalty and declining support for its use.
“All the data indicate that the American public is increasingly uncomfortable with use of the death penalty, yet elected officials persist in scheduling secretive, costly executions that do not reflect accurately the priorities of the communities they serve,” says Robin M. Maher, Executive Director of the Death Penalty Information Center. “It shows a clear disconnect between the agendas of elected officials and the reality that Americans are turning away from the death penalty.”
The majority of U.S. states have either abandoned use of the death penalty entirely or paused executions (29 states plus the District of Columbia and the federal government). A Gallup poll recently found that the percentage of Americans who believe the death penalty is applied unfairly increased to 50%, while the overall level of support for the death penalty has been steadily decreasing since 1994, currently at a slim majority of 53%. Unlike past years, the death penalty isn’t among top voter priorities during this election year, and neither national political party even mentions use of the death penalty in their official platforms.
The decline in public support can be viewed as a consequence of the many problems with the use of the death penalty. Earlier this year, Larry Roberts was the 200th person exonerated from death row. His release means that that there has been one exoneration for every 8 executions. DPI has also identified more than 600 death sentences with prosecutorial misconduct so significant that it resulted in a reversal of the conviction or death sentence, or an exoneration.
Longstanding concerns about systemic racism have also persisted. Of the last 100 individuals executed in the United States, a disproportionate number (43%) have been people of color, including 31 who were Black. 72% of the victims in those cases were white.P> 3 jurisdictions were responsible for more than half (56%) of the total executions during the last 5 years: Texas (29), Oklahoma (14), and the federal government (13), which has had a moratorium in place since 2020. Texas and Oklahoma both have scheduled executions this week. Fewer than 50 new death sentences have been imposed in each of the last 5 years, showing that juries are increasingly rejecting the death penalty as an option, and those new sentences have occurred in just 12 states.
For more information about each of the almost 1600 individuals executed, please visit the Death Penalty Information Center’s Execution Database, here, at: https://deathpenaltyinfo.org/database/executions. To learn more about the issues pertaining to capital punishment, please visit the Death Penalty Information Center’s website at deathpenaltyinfo.org.
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The Death Penalty Information Center (DPI) is a national non-profit organization whose mission is to serve the media, policymakers, and the general public with data and analysis on issues concerning capital punishment and the people it affects. DPI does not take a position on the death penalty itself but is critical of problems in its application.
(source: Death Penalty Information Center)
JAPAN:
Back to death row? Retrial verdict due in Japan murder saga
The world’s longest-serving death row prisoner hears from a Japanese court on Thursday if he will again face execution or finally be acquitted, a decade after obtaining a retrial of his murder conviction.
Iwao Hakamada, 88, was jailed under the death penalty for 46 years until he was freed in 2014 pending a retrial.
The former boxer was first convicted in 1968 of killing his boss, the man’s wife and their two teenage children.
But over the years, questions arose over fabricated evidence and coerced confessions, sparking scrutiny of Japan’s justice system, which critics say holds suspects “hostage”.
“For so long, we have fought a battle that has felt endless,” Hakamada’s sister Hideko, 91, told reporters in July. “But this time, I believe it will be settled”.
Prosecutors meanwhile have said they remain convinced of his guilt “beyond reasonable doubt”.
Japan is the only major industrialised democracy other than the United States to retain capital punishment, a policy that has broad public support.
Speaking to AFP in 2018, Hakamada underlined his ongoing battle to obtain an acquittal, saying he felt he was “fighting a bout every day”.
“Once you think you can’t win, there is no path to victory,” he said.
Blood and miso
Although the Supreme Court upheld Hakamada’s death sentence in 1980, his supporters fought for decades to have the case reopened.
A turning point came in 2014 when a retrial was granted on the grounds that prosecutors could have planted evidence, and Hakamada was released from prison.
Legal back-and-forth, including a pushback by prosecutors, meant it took until last year for the retrial to begin.
Hakamada initially denied having robbed and murdered the victims, but confessed following what he later described as a brutal police interrogation that included beatings.
Central to the trial is a set of blood-stained clothes found in a tank of miso — fermented soybean paste — a year after the 1966 murders, used as evidence to incriminate Hakamada.
The defence argues investigators likely set up the clothes, as the red stains on them were too bright, but prosecutors say their own experiments show the colour is credible.
Hakamada’s supporters and rights groups say his saga exposes Japan’s flawed justice process and the cruelty of the death penalty.
In Japan, death row prisoners are notified of their hanging a few hours in advance.
The case is “just one of countless examples of Japan’s so-called ‘hostage justice’ system”, Teppei Kasai, Asia programme officer for Human Rights Watch, told AFP.
“Suspects are forced to confess through long and arbitrary periods of detention” and there is often “intimidation during interrogation”, he said.
Hakamada’s defence team has petitioned the Shizuoka prosecution office to let a not-guilty verdict stand if that is how the court rules on Thursday.
“We told prosecutors that the onus is on them to put an end to this 58-year-old case”, Ogawa told reporters this month.
(source: Agence France-Presse)
INDIA:
‘Can’t Be Said He Cannot Be Reformed’: SC Commutes Death Penalty in Rape, Murder Case of Minor
The Supreme Court has recently commuted a death sentence to a 20-year fixed imprisonment term without remission for a man convicted of raping and setting a minor girl on fire.
While upholding the man’s conviction, court ruled that the convict was not a hardened criminal, who could not be reformed. The possibility of him, if given the chance of being reformed, cannot be ruled out, it said.
Court opined that in the present case the confirmation of death penalty would not be justified.
“However, at the same time we also find that the ordinary sentence of life i.e. 14 years imprisonment with remission would not meet the ends of justice. In our considered view, the present case would fall in the middle path,” the bench of Justices B R Gavai, Prashant Kumar Mishra and K V Vishwanathan held.
The bench took into account several factors, including the fact that the convict, Rabbu alias Sarvesh, lost his mother at the young age of 8 and his elder brother by the time he was 10. It also noted that despite having a sister, he was raised solely by his father, a single parent.
Court recorded that the convict came from a socio-economic backward stratum of the society and he was of a tender age of 22 years when the incident occurred.
Though the court agreed with the state counsel’s submission that the age of the convict at the time of commission of crime solely could not be taken into consideration, it felt, however, the age of the convict at the time of commission of crime along with other factors could certainly be taken into consideration as to whether the death penalty needed to be commuted or not.
Court also perused psychological assessment and jail behaviour reports which showed there was nothing against the behaviour of the convict.
“His conduct in the prison has been found to be satisfactory. The reports further reveal that though not allotted any work, the appellant is engaging himself in plantation of trees, cleaning the temple and surrounding area”, the court highlighted.
However, court noted that the dying declaration recorded by a naib tehsildar and endorsed by the medical officer formed as reliable and trustworthy, in which the deceased had clearly implicated the convict.
Therefore, the bench found no error in the concurrent orders of the trial judge and the high court convicting the man for the offences punishable under Sections 450, 376(2)(i), 376D, 376A and 302 read with 34 of the IPC and Section 5(g)/6 of the POCSO.
The judgment came in a challenge to a 2019 judgment of Madhya Pradesh High Court’s division bench dismissing the man’s appeal against Sagar court’s decision convicting him for the offences under Sections 450, 376(2)(i), 376D, 376A and 302 read with 34 of the Indian Penal Code, and Section 5(g)/6 of the Protection of Children from Sexual Offenses Act, 2012 and awarding death penalty under Sections 376A and 302 IPC and life imprisonment under Section 376D of the IPC and rigorous imprisonment for 10 years under Section 450 of the IPC.
Arguing the appeal, the counsel for the convict said that the truthfulness of the dying declarations itself was doubtful, therefore, the conviction could not be based on the said dying declarations. He also alleged that the DNA report pointed out the presence of a third person and also the trial judge also did not consider the balance between the mitigating circumstances and aggravating circumstances while awarding the death penalty.
Against the death penalty, he contended that the present case was not a ‘rarest of the rare’ case, which would justify awarding such punishment.
On the other hand, defending the trial court and the high court’s judgments, the state counsel said that merely the convict taking advantage of the circumstances that the deceased was alone in the house had committed the heinous crime and therefore the present case would squarely fit in the category of ‘rarest of the rare’ cases. He submitted that the psychological report would also show that there was no remorse expressed by the convict.
(source: lawbeat.in)
VIETNAM:
Vietnam court sentences ex-govt accountant to death for embezzlement
In Vietnam, a former government employee, who worked as chief accountant with the National Institute of Hygiene and Epidemiology, has been sentenced to death for stealing more than 152 billion dong ($6.2 million).
According to a posting on the Vietnam government’s website, Nguyen Hoang was found guilty of committing theft between March 2009 and February 2023.
2 institute directors and another former chief accountant have also been convicted and sentenced to between three and four years in prison for failing to act responsibly, the statement further mentioned.
Why was he not caught earlier?
Hoang was not caught for embezzlement during these years as he hid his activities by regularly modifying financial statements from 2009 to 2017, the government statement said.
What did he do with the money?
Admitting the charges against him, Hoang revealed that he used the money for personal purpose as well as for gambling.
Death penalty for financial crimes in Vietnam
In the recent months, handing over the death sentence for financial crimes in Vietnam has come under the spotlight after real estate tycoon Truong My Lan was sentenced to death in April for her role in a $12 billion fraud case.
The conviction of Hoang is another sign that Vietnam’s years-long anti-corruption campaign spearheaded by the late Communist Party Secretary Nguyen Phu Trong shows no sign of slowing down.
(source: firstpost.com)
MYANMAR—-executions, including female
Rights groups warn Myanmar military executing more anti-coup activists—-A married couple reportedly executed on Monday with five more people facing the death penalty on Tuesday.
Myanmar’s military regime has executed 2 anti-coup activists and plans to execute 5 more on September 24, rights groups have said, urging action from the international community.
Maung Kaung Htet and his wife Chan Myae Thu were executed at 4am Myanmar time (21:30 GMT) on September 23, the Women’s Peace Network said in a statement on Monday.
The pair were convicted “without due process and a fair trial” over their alleged involvement in a parcel bomb attack on Yangon’s Insein Prison in October 2022, the rights group said.
It warned that 5 more pro-democracy activists – Kaung Pyae Sone Oo, Zeyar Phyo, Hsann Min Aung, Kyaw Win Soe and Myat Phyo Myint – were at risk of execution on Tuesday.
The 5 were convicted in a closed court in May 2023 after being imprisoned since September 2021 for the alleged fatal shooting of four police officers on a Yangon train.
“By murdering more people, the junta will be further emboldened to execute the remaining over 120 other detainees also charged with sham death penalties,” the Women’s Peace Network said.
Myanmar’s military, which seized power in a coup in February 2021, shocked the world when it executed four pro-democracy activists in July 2022 in the first use of the death penalty since the late 1980s.
The crisis in Myanmar has only deepened since with the generals facing a renewed offensive from ethnic armed groups allied with pro-democracy groups across swaths of territory.
ASEAN Parliamentarians for Human Rights (APHR) urged the Association of Southeast Asian Nations, which is leading diplomatic efforts to resolve the crisis, to speak out.
“Break the silence,” said Mercy Chriesty Barends, APHR chairperson and a member of Indonesia’s House of Representatives. “ASEAN foreign ministers must speak up against the SAC execution policy.”
APHR added that it had been informed the five activists facing execution had endured torture and sexual violence without any access to reliable legal support.
“We are gravely concerned that the death penalty is being used to silence persons with dissenting views in Myanmar,” said Arlene D Brosas, APHR board member and a member of parliament in the Philippines.
There was no mention of the executions or the death sentences in Myanmar’s state media on Tuesday. Calls to military spokesman Zaw Min Tun were not answered.
Nicholas Koumjian, the head of the Independent Investigative Mechanism for Myanmar (IIMM), said the United Nations body was “closely monitoring reports of planned executions of persons sentenced to death in non-public trials” noting that such executions might constitute one or more crimes against humanity or war crimes.
“One of the most fundamental attributes of a fair trial is that it be held in public unless there are compelling national security reasons,” Koumjian said in a statement. “When proceedings are not public, this casts doubt on whether other fair trial guarantees have been respected, such as the requirement that the tribunal was impartial and independent.”
The IIMM statement did not name the people at risk of execution.
The Assistance Association for Political Prisoners, which has been monitoring the crackdown since the coup, says some 20,934 people are in detention and that 123 prisoners have been sentenced to death.
(source: aljazeera.com)
TAIWAN:
Top Court Upholds Death Penalty with Protections—-Urgently Impose Moratorium on All Executions
Taiwan’s top court on September 20, 2024, ruled that the death penalty was constitutional with greater protections, Human Rights Watch said today. The ruling addressed some concerns with the country’s death penalty, but permits the continued use of the inherently cruel punishment.
Following a legal challenge by all 37 inmates currently on Taiwan’s death row, the Taiwan Constitutional Court held that the death penalty was constitutional with greater restrictions on its use. The court’s new judgment aimed to strengthen due process rights, including by requiring unanimous sentencing by a panel of judges and prohibiting the death penalty for people with psychosocial disabilities (mental health conditions). The current death row inmates may appeal if they were sentenced without a unanimous decision or if they believe their crime does not fall into the category of “most serious” offenses, already a requirement.
“Taiwan’s new judicial restrictions should mean fewer people are sentenced to death, but the court missed a major opportunity to abolish this inherently cruel practice,” said Simon Henderson, deputy Asia director at Human Rights Watch. “Taiwan’s government should take the next step and immediately place a moratorium on death penalty use.”
Under the new ruling, the court strengthened protection during criminal proceedings, with a new requirement that the suspect or the accused must be represented by a lawyer during the investigation and police inquiry stages for the “most serious” crimes.
The ruling also expands protections under the Code of Criminal Procedure by mandating oral arguments on sentencing and the right to counsel for defense in third, and final, instance trials. In accordance with the ruling, the judgment is effective immediately and the legislature is now tasked with amending provisions of the law within 2 years.
In line with the new ruling, the Taiwanese government should ensure that all special appeals for current death row inmates uphold the right to due process enshrined in the International Covenant on Civil and Political Rights (ICCPR), with sufficient time and resources.
Although the ICCPR permits the death penalty in limited circumstances, its Second Optional Protocol declares that “abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights” and commits nations to ending capital punishment. The Office of the United Nations High Commissioner for Human Rights has also stated that the use of the death penalty is not consistent with the right to life and the right to live free from torture and or cruel, inhuman, or degrading treatment or punishment.
Taiwan abolished the mandatory death penalty for all crimes in 2006, but previously retained the death penalty for 50 crimes. Since 2002, all executions carried out have been for the crime of murder, most recently in 2020. The court has previously issued three rulings on the death penalty, in 1985, 1990, and 1999, retaining it each time.
“Taiwan could cement its reputation as a regional leader on human rights issues by abolishing the death penalty,” Henderson said. “The risks of a wrongful, irreversible punishment should be off the table entirely.”
(source: Human Rights Watch)
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