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This blog is the leading forum for people on all sides of the debate to discuss issues related to the death penalty. It includes news from Dallas Morning News reporters as well as commentary from members of the editorial board, which opposes the death penalty. We welcome and read all letters from readers. Letters are selected for publication based on their clarity and brevity. They also are chosen to represent a diverse set of views on as many issues as possible. March 2010
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A global experience in fighting the death penalty Victims families speak out against the death penalty Charles Dean Hood case a dark mark on Collin County justice Sister Helen Prejean to speak in Houston Delay for Skinner execution, but that's all? Todd Willingham anniversary: A call to action Former executioner in Virginia opposes death penalty Louisiana prison system sues death row inmates Debra Medina's support for death penalty moratorium is worse than useless Farouk Shami badly sidetracks death penalty issue in governor's race Recent Comments
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February 26, 2010
This is a guest blog post written by Susannah Sheffer, project director and staff writer at Murder Victims' Families for Human Rights. Her e-mail address is sheffer@mvfhr.org. She shares these thoughts from Geneva, where she is attending the 4th World Congress Against the Death Penalty. With 1,700 people from 100 countries gathered here in Geneva, there is much more to report than could fit in a short post. Steve Hall at the StandDown Texas blog has a good roundup of the press coverage of this 4th World Congress Against the Death Penalty. Here's glimpse of Murder Victims' Families for Human Rights' participation. MVFHR is a steering committee member of the World Coalition Against the Death Penalty, which, in partnership with the French organization Ensemble Contre la Peine de Mort (Together Against the Death Penalty) and the Swiss Federation, organized this tremendous event. As an organization, MVFHR has always been committed to an international vision for our death penalty abolition work. The World Congress gives us an opportunity to experience that international context directly and to make connections with members and allies around the world.
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The entry "A global experience in fighting the death penalty" has no entry tags. February 25, 2010
Today, in Geneva, more than 1,700 people from around the world are attending the 4th World Congress Against the Death Penalty. Several members of Murder Victims' Families for Human Rights are speaking. The following are drafts of their testimony, as provided to me by Susannah Sheffer.
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The entry "Victims families speak out against the death penalty" has no entry tags. February 23, 2010
Bill Baumbach, a blogger in Collin County, has a great post with all sorts of links about the Charles Dean Hood case. You remember, the one where the judge was sleeping with the prosecutor, but no one seems to think that's a problem.
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The entry "Charles Dean Hood case a dark mark on Collin County justice" has no entry tags. February 22, 2010
Sharing this information about an event at the University of Houston next Wednesday: Death penalty opponent, Sister Helen Prejean, will speak at UHD March 3 HOUSTON - Sister Helen Prejean, a nationally recognized opponent of the death penalty who wrote "Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States," will speak at the University of Houston-Downtown at 6 p.m., Wednesday, March 3, in the Wilhelmina Cullen Robertson Auditorium on the third floor of the Academic Building. The lecture is free and open to the public. Prejean's appearance is part of the Criminal Justice Speaker Series, sponsored by UHD's College of Public Service. Judith Harris, UHD lecturer in criminal justice who organized Prejean's lecture, said UHD students will gain a broader understanding of the death penalty by attending the lecture. "Hearing an internationally known spiritual adviser to death row inmates brings a new perspective students cannot get from a textbook," Harris said. Prejean's book became an Academy-Award-winning movie, "Dead Man Walking," in 1995. The movie portrayed Prejean's experiences with death row inmate Patrick Sonnier at the Louisiana State Penitentiary in Angola. Actor Sean Penn played Sonnier's character, Matthew Poncelet, and Susan Sarandon played Prejean. Sarandon won an Academy Award for best actress for her work in the movie. Prejean was Sonnier's spiritual adviser, worked to prevent his execution and stood by him until he was executed in the electric chair. Her activism against capital punishment sparked a national dialogue about the death penalty and helped shaped the Catholic Church's opposition to all state executions. Prejean still campaigns against the death penalty and counsels death row prisoners. She has been a spiritual adviser to six more executed men. She published a second book, "The Death of Innocents: An Eyewitness Account of Wrongful Executions," in 2004. "Dead Man Walking," the book, was nominated for a 1993 Pulitzer Prize and made the 1994 American Library Associates Notable Book List. The international best seller was No. 1 on the New York Times Best Seller List for 31 weeks and has been translated into 10 languages.
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The entry "Sister Helen Prejean to speak in Houston" has no entry tags. February 17, 2010
This does seem odd. On one hand, a judge agrees to delay an execution, which was challenged based on a lack of DNA testing. But then the same judge sets a new execution date. The real issue is that a clerk made an error in doing the paperwork. This is the nature of the frustrating appeals process in Texas. Small errors in a game of chess matter. Signs of evidence and major doubts to really get consideration. For Immediate Release
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The entry "Delay for Skinner execution, but that's all?" has no entry tags.
I just received this from the Texas Coalition to Abolish the Death Penalty:
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The entry "Todd Willingham anniversary: A call to action" has no entry tags. February 16, 2010
In Virginia, a state that, like Texas, is known for its use of the death penalty, legislators recently rejected several efforts to expand capital punishment. The only measure to survive was one that would allow the death penalty in cases where an auxiliary police officer is killed on duty. But what caught my eye in this Associated Press story was a comment by the state's former executioner, Jerry Givens of Henrico, who presided over 62 executions and now opposes the ultimate sanction. "The people that recommend executions, that pass these bills, they don't have to do these things," Givens said of legislators. "The executioners and the people that participate in these things, they have to suffer through this stuff."
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The entry "Former executioner in Virginia opposes death penalty " is tagged: death penalty , execution , Virginia
The Louisiana prison system has taken a novel approach to death row litigation. Officials have sued all 84 inmates to prevent them from challenging the state's lethal injection procedure. According to Solitary Watch the litigation is a countersuit, filed in response to an earlier lawsuit claiming that Louisiana's lethal injection procedure is in violation of state law. The Solitary Watch story says, Nick Trenticosta, director of the non-profit Center for Equal Justice in New Orleans, knows of no similar instance in which a state sued all of its death row inmates. "I've been hanging around death penalty cases for 25 years," Trenticosta said. "And I have never seen anything like this." A spokesman for the Texas Department of Criminal Justice said he knows of no such plan in Texas.
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The entry " Louisiana prison system sues death row inmates" is tagged: death penalty , Louisiana February 15, 2010
Somehow, Debra Medina, the toxic GOP candidate for governor, used her empathy for 9/11 truthers to explain why she thinks there should be a moratorium on executions in Texas.
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The entry "Debra Medina's support for death penalty moratorium is worse than useless" has no entry tags. February 10, 2010
When I first realized that the Democratic debate was addressing death penalty issues, I got excited. Perhaps this is the place where an honest debate and discussion about flaws in the system will finally take place at the governor-level.
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The entry "Farouk Shami badly sidetracks death penalty issue in governor's race" has no entry tags. February 8, 2010
The Republicans don't talk much about Perry's intervention in the Willingham case or other death row issues. Will the Dems? Join us for a live chat during the Democratic Gubernatorial Debate. Bookmark this post or visit The Dallas Morning News Opinion Blog tonight at 7 p.m.
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The entry "Will the Dems tackle justice issues at tonight's debate?" has no entry tags. February 3, 2010
Texas is always at the top of the list in terms of executions, but with the election of a pro-death penalty governor, Virginia may be making a surge. That's what the Virginian-Pilot reports.
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The entry "Virginia headed in wrong direction on death penalty, following Texas' lead" has no entry tags. January 27, 2010
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The entry "Join us for live blogging during the State of the Union speech" has no entry tags. January 26, 2010
So what is the punishment for a public servant who fails to do her job properly? One Republican judge who once served on the Court of Criminal Appeals says it is the public humiliation Sharon Keller "surely" endured following her mistakes in the handling of a late death penalty appeal soon after the Supreme Court decided to look into the issue of lethal injection.
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The entry "Public humiliation as punishment for Sharon Keller?" has no entry tags. January 22, 2010
Criminal defense attorney David Dow is receiving good reviews for his new book, The Autobiography of an Execution. But his work as litigation director of the Texas Defender Service, on behalf of death row inmate Michael Richard, was harshly criticized in the recent findings of fact inquiry into the conduct of Judge Sharon Keller. "...the majority of the problems involving the Richard execution were the responsibility of the TDS," Judge David Berchelmann wrote. He specifically faulted the Defender Service, which claimed to have computer problems on the day of the execution, for not having a lawyer call the court clerk instead of a paralegal, and for not calling individual judges after Keller closed the office. He also said Dow had "embellished" the account of the computer problems and created a media uproar that subjected Keller to public humiliation. In response, Dow says "There were things that if we could do the whole thing over again, we would have done differently, but I'm not sure that any of the things that we would have done differently are the things that he talked about." For instance, Dow disagrees with the notion that a lawyer instead of a paralegal might have gotten a different response from the clerk, calling that an "insulting suggestion." He also doesn't endorse the idea of calling other judges after being told no, saying he could be accused of "forum shopping." And he denies embellishing any account of what happened that day to spark a media uproar. "That's just false," he says, adding that, "Our involvement in this from the inception has been only because the state commission has asked us to participate. We have not been involved in initiating any complaints against Judge Keller...It's not at all a personal vendetta."
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The entry "Defense attorney responds to judge's findings in Keller inquiry" is tagged: David Berchelmann , David Dow , Diane Jennings , Michael Richard , Sharon Keller , Texas Defender Service January 19, 2010
I've never met David Dow, a University of Houston law professor who serves as litigation director for the Texas Defender Service. But I've known him as a voice on the phone for more than a decade, listening to him talk passionately about the death penalty in Texas. For instance, Dow writes about missing Halloween with his young son one year because an execution was delayed. How do you tell your son he missed going to the haunted house in his Thomas the Tank costume because you were trying to stop a lethal injection? He writes about the fact that people assume he likes his clients, when the truth is sometimes he can't stand them. He tells how when he leaves the prison he "can hardly wait to get in the shower and wash the death and deprivation off of me." He launders his clothes separately to keep his professional and personal life separate. The book is written in an odd stream of consciousness narrative that works. "I understand death penalty supporters," he writes. "I used to be one. I can relate to the retributive impulse. I know people I want to kill. I've tried hard to save all my clients, but some executions don't make me cry...I have friends who quit doing this work because they couldn't keep the images from burrowing deep down into their consciousness and stealing all their joy." Perhaps the greatest surprise is Dow's deft touch with words, a touch rarely found in legal briefs. Here's his description of a mentally ill inmate snacking during visiting hours with his parents. "He was making sandwiches by layering a tortilla chip, a piece of chocolate bar, a Funion, another piece of chocolate, and another Dorito. Then he'd pop the whole thing into his mouth. His head would rotate like a figure eight while he chewed." Whether you oppose or support the death penalty, Autobiography of an Execution is a compelling read. I look forward to its counterpart by a prosecutor.
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The entry "Defense attorney's death penalty book a compelling read for opponents and supporters" is tagged: David Dow , death penalty , Diane Jennings , Texas
Death penalty supporters have a strong new advocate in Dr. William Petit, the Conencticut doctor whose wife and two daughters were killed by intruders two years ago. The case is particularly grisly: his wife was raped and strangled; his 11-year-old daughter was molested then tied to her bed; and his 17-year -old daughter was also tied to the bed. Both girls died when the house was set on fire. Petit was clubbed and bound, but managed to escape. "My family got the death penalty," Petit told Connecticut legislators considering repealing capital punishment last spring. "And you want to give murderers life. That is not justice." Legislators repealed the death penalty but the governor vetoed it. Now the first of two suspects, both career criminals, goes on trial this week. Both men sought a plea bargain to life, but prosecutors refused. The trial is expected to take months. Read the New York Times account here. According to the Death Penalty Information Center, Connecticut has only executed one person since capital punishment was re-instated in 1976. Ten people are currently on death row there.
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The entry "Death penalty supporters have effective new advocate in Connecticut doctor" is tagged: Connecticut , death penalty supporters January 8, 2010
I admit to focusing more on the practical and obvious news events around me, so it's no wonder I missed this development last year. The American Law Institute essentially backed off suport of the death penalty. It's not opposed, mind you, but it has removed the death penalty from its Model Code.
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The entry "Death penalty abolished (in ALI's Model Code)" has no entry tags.
Ohio law professor Doug Berman notes yesterday was a significant day for the death penalty and no one in the media took note. So I'll rectify that by pointing out what he brought to our attention: Three different states carried out executions Thursday, including Texas which put cop-killer Kenneth Mosley to death. "I think yesterday had to at least tie a modern executions record," Berman wrote. "I also doubt there will be any days in the near future with four (or even three) executions, so January 7, 2010, likely can be remembers as a special day in the history of the US death penalty." He's probably right as far as modern executions, but according to the TDCJ website, Texas executed five people in one day in 1924.. I don't know if that was unusual at the time or not.
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The entry "Thursday a significant day in death penalty lore" is tagged: Death penalty , Diane Jennings , Texas
Today's news that Rick Perry has a green light to pardon Tim Cole was greeted by the governer with nothing short of eagerness: Perry said the opinion "finally gives his family the opportunity to officially clear his name. Funny, the governor seems so eager now, but this follows 11 months of foot-dragging. Remember, Cole was exonerated in court on Feb. 6. No word from the governor's office when Cole's family that day asked for a pardon. April 8, Cole's family meets with the governor. No word. But Perry did offer support for a bill that would increase compensation for others who had been wrongfully convicted. June 6, a disappointed governor's office says it can't pardon Cole because a constitutional amendment that would have clearly allowed a posthumous did not pass. No effort was made by the governor to get it passed, mind you. Despite the governor's disappointment, he calls a special session and, despite lobbying from Houston's Rodney Ellis, he refuses to put the Tim Cole constitutional amendment issue on the agenda. July 14, a rightfully impatient Rodney Ellis gives up on the governor and he asks the attorney general for an opinion. And this week, he got it. Read the full opinion here. And now Rick Perry's office calls to congratulate Tim Cole's family and the governor himself says he wants swift action to "finally" clear Tim Cole's name. Note: The governor never publicly urged lawmakers to pass the constitutional amendment that would have allowed this. He refused to include it in the call for the special session. He never once asked for the attorney general to issue an opinion on this issue. Why not? The answer is pretty obvious. If the governor can be expected to issue posthumous pardons for someone proven innocent after death, he might be pushed to pardon someone who, say, was falsely accused of an arson that killed his children. You know, just for example. This governor prefers to throw up road block after road block rather than deal directly with the known flaws in our justice system. He prefers the appearance of being tough on crime to being smart on crime. So forgive me if I doubt that he is looking forward to pardoning Tim Cole. If that were even remotely true, he would have seized upon any one of the numerous opportunities he had to "finally" clear Tim Cole's name last year.
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The entry "Rick Perry's eagerness to pardon Tim Cole is disingenuous" has no entry tags. |
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