An announcement just came today from The Justice Project -- so didn't want to miss getting this sent off since The Journey includes a number of those who've been released when years later the findings show they had no connection to the crime for which they were imprisoned on Death Row...The Justice Project has just announced that they are releasing Improving Access to Post-Conviction DNA Testing: A Policy Review. This policy review explains the problems surrounding post-conviction DNA testing policies and procedures and identifies the best practices for states to adopt to ensure that post-conviction DNA testing contributes to a more accurate criminal justice system.
Although just sent out today by e-newsletter--the following report was written yesterday...
Post-Conviction DNA Testing Shouldn’t Depend on Miracles
August 12, 2008
By John F. Terzano
By now everyone knows that DNA testing is a powerful scientific tool for proving guilt or innocence in our criminal justice system. Often post-conviction DNA testing provides the only evidence that can correct the injustice of wrongful conviction.
But what if all the biological evidence is destroyed while you’re still in prison? What if there is evidence but it’s not discovered until after state-imposed deadline for seeking DNA testing? What if the state denies your petition for testing because you accepted a plea bargain to avoid a harsher sentence for a crime you didn’t commit? And what if you’re indigent and can’t afford an attorney to help navigate the complex legal and scientific issues involved in obtaining a DNA test?
The sad truth is that it often takes a series of miracles to gain access to post-conviction DNA testing. That’s because our criminal justice system continues to place significant obstacles in the way of post-conviction DNA testing that could determine whether the wrong people have been convicted and punished for crimes they didn’t commit.
Today, The Justice Project is releasing Increasing Assess to Post-Conviction DNA Testing: A Policy Review. This policy review explains the problems surrounding post-conviction DNA testing policies and procedures and identifies the best practices for states to adopt to ensure that post-conviction DNA testing contributes to a more accurate criminal justice system and restores public confidence in the system’s ability to correct its own errors.
To date, more than 200 people - including 16 who were sentenced to death - have been proven innocent by DNA testing. In many of those cases, the same DNA test helped bring the real perpetrators to justice.
But seven states - Alabama, Alaska, Massachusetts, Mississippi, South Carolina, South Dakota and Oklahoma - don’t even have laws on the books allowing for post-conviction DNA testing. And those that do have laws fall short of what is needed to ensure that DNA testing can be used effectively to correct the injustice of wrongful conviction.
All but 12 states and the District of Columbia lack statutes requiring the preservation of evidence throughout an inmate’s incarceration. An investigative series this year by The Columbus Dispatch found that “evidence had been lost or destroyed nearly two-thirds of the time that prosecutors agreed to search for it because Ohio does not require evidence to be catalogued and saved.” States should require the preservation of biological evidence throughout a defendant’s sentence and devise standards regarding the custody of evidence.
States should also ensure that all inmates with a DNA-based innocence claim may petition for DNA testing at any time without regard to plea, confession, self-implication, the nature of the crime, or previous unfavorable test results. Nearly a dozen of the more than 200 DNA exonerees initially plead guilty, and 50 purportedly confessed to crimes they did not commit. And because DNA testing technology continues to improve, a defendant’s right to request testing must not be subject to time limitations. If new technology develops that might change the outcome of a test, the test should be performed.
The complexity of the petitioning process also creates an unreasonable burden for a wrongfully convicted person who needs DNA testing to prove his or her innocence. The steps involved in obtaining DNA testing are difficult even for experienced advocates. That’s why states should provide counsel and cover the cost of post-conviction DNA testing for indigent petitioners.
These are just a few of the steps that need to be taken. As with any good policy, the benefits of post-conviction DNA testing statutes outweigh the costs. While improving access to post-conviction DNA testing will require states to incur some initial costs, those costs are minimal and could end up saving states money in the long run.
The federal government recognized the importance of post-conviction DNA testing with the passage of the Innocence Protection Act (IPA) in 2004. The IPA includes the Kirk Bloodsworth Post-Conviction DNA Testing Program, which authorizes $25 million over five years to help states defray the cost of post-conviction DNA testing. The program is named for Kirk Noble Bloodsworth, the first person sentenced to death to be exonerated by DNA evidence.
In Bloodsworth’s case, the DNA test results not only proved that he did not sexually assault and murder nine-year-old Dawn Hamilton, they also identified the real perpetrator who then confessed to the crime. But it took another series of miracles for that to happen. It was only through a chance encounter that Bloodsworth’s attorney learned that the trial judge had kept some of the evidence in a cardboard box in his chambers. And the attorney paid for the testing out of his own pocket.
Our criminal justice system is too fraught with error to rely on miracles to find the truth. Post-conviction DNA testing serves the interests of fairness, accuracy and public confidence in the criminal justice system, and states should make every effort to facilitate testing for defendants claiming innocence.
(Find much more about Kirk Noble Bloodworth's case, his book and more at The Justice Project where you will also be able to sign up for free E-Newsletters)
Wednesday, August 13, 2008
Son of murdered woman says: death penalty 'too easy'
Death penalty 'too easy' for Aust tourist's killers
The son of an Australian woman murdered in India four years ago says the death penalty is 'too easy' on the men who killed his mother.
Two New Delhi taxi drivers were sentenced to death yesterday for raping and murdering 59-year-old Byron Bay woman Dawn Griggs in 2004.
Her son Adam Spinner says the death penalty is inappropriate in this case.
"In this case I think having your liberation taken away and facing your entire lifetime incarcerated in an Indian jail and contemplating what you've done to me is a far more appropriate penalty for this crime than the death penalty," he said.
Ms Griggs was killed soon after landing in India to attend a meditation course.
A frequent traveller to the country, she had asked the taxi drivers to take her to her destination, but instead was driven to a deserted field near the airport where she was murdered.
The court said Ms Griggs had struggled against her assailants before being raped and stabbed to death.
She was also attacked with a screwdriver.
The defence had argued that there was no direct evidence and no eyewitnesses, and indicated they would appeal.
India's Supreme Court stipulates that the death penalty be used only in the "rarest of rare cases."
Originally posted August 12, 2008 at 9 pm ET ABC News and elsewhere
The son of an Australian woman murdered in India four years ago says the death penalty is 'too easy' on the men who killed his mother.
Two New Delhi taxi drivers were sentenced to death yesterday for raping and murdering 59-year-old Byron Bay woman Dawn Griggs in 2004.
Her son Adam Spinner says the death penalty is inappropriate in this case.
"In this case I think having your liberation taken away and facing your entire lifetime incarcerated in an Indian jail and contemplating what you've done to me is a far more appropriate penalty for this crime than the death penalty," he said.
Ms Griggs was killed soon after landing in India to attend a meditation course.
A frequent traveller to the country, she had asked the taxi drivers to take her to her destination, but instead was driven to a deserted field near the airport where she was murdered.
The court said Ms Griggs had struggled against her assailants before being raped and stabbed to death.
She was also attacked with a screwdriver.
The defence had argued that there was no direct evidence and no eyewitnesses, and indicated they would appeal.
India's Supreme Court stipulates that the death penalty be used only in the "rarest of rare cases."
Originally posted August 12, 2008 at 9 pm ET ABC News and elsewhere
Colorado juries leery of death penalty
Excerpt:
Denver prosecutor Verna Carpenter previously said the district attorney's office did not seek the death penalty against Phillips because of the potential impact on Chandler's brother, Dominic.
"The main factor in our decision was whether we wanted to make Dominic participate in a prosecution where his father could be put to death," Carpenter said.
From Rocky Mountain News
By Julie Poppen
Wednesday, August 13, 2008
It would not be hard to find people seeking the ultimate revenge against Jon Phillips, convicted Tuesday of starving to death his own stepson.
The case against Phillips could have been a death penalty case. But in Colorado, the sentiment sways against an eye for an eye, legal experts say. There are only two people on death row in the state, compared with hundreds awaiting execution in Texas.
"Denver County jurors are perhaps the most reluctant in the entire state to actually vote for the death penalty," said legal analyst and trial lawyer Scott Robinson. "Our state in recent years has been a state which prosecutors have difficulty getting the ultimate sanction of death imposed."
Former Chief Denver Deputy District Attorney Craig Silverman said the case against Phillips is "not the sort of situation where the death penalty is generally sought or obtained in Colorado."
"Even though this crime was horrific, Phillips did not have any felony history and this case was not charged as murder after deliberation," said Silverman, who prosecuted Denver's last death penalty case.
Frank Rodriguez was sentenced to death for the 1984 murder, kidnapping, torture and rape of 55-year-old bookkeeper Lorraine Martelli. He died in 2002 before the sentence could be carried out.
Inserting the death penalty into a case can affect a jury's willingness to convict.
Denver prosecutor Verna Carpenter previously said the district attorney's office did not seek the death penalty against Phillips because of the potential impact on Chandler's brother, Dominic.
"The main factor in our decision was whether we wanted to make Dominic participate in a prosecution where his father could be put to death," Carpenter said.
© Rocky Mountain News
Denver prosecutor Verna Carpenter previously said the district attorney's office did not seek the death penalty against Phillips because of the potential impact on Chandler's brother, Dominic.
"The main factor in our decision was whether we wanted to make Dominic participate in a prosecution where his father could be put to death," Carpenter said.
From Rocky Mountain News
By Julie Poppen
Wednesday, August 13, 2008
It would not be hard to find people seeking the ultimate revenge against Jon Phillips, convicted Tuesday of starving to death his own stepson.
The case against Phillips could have been a death penalty case. But in Colorado, the sentiment sways against an eye for an eye, legal experts say. There are only two people on death row in the state, compared with hundreds awaiting execution in Texas.
"Denver County jurors are perhaps the most reluctant in the entire state to actually vote for the death penalty," said legal analyst and trial lawyer Scott Robinson. "Our state in recent years has been a state which prosecutors have difficulty getting the ultimate sanction of death imposed."
Former Chief Denver Deputy District Attorney Craig Silverman said the case against Phillips is "not the sort of situation where the death penalty is generally sought or obtained in Colorado."
"Even though this crime was horrific, Phillips did not have any felony history and this case was not charged as murder after deliberation," said Silverman, who prosecuted Denver's last death penalty case.
Frank Rodriguez was sentenced to death for the 1984 murder, kidnapping, torture and rape of 55-year-old bookkeeper Lorraine Martelli. He died in 2002 before the sentence could be carried out.
Inserting the death penalty into a case can affect a jury's willingness to convict.
Denver prosecutor Verna Carpenter previously said the district attorney's office did not seek the death penalty against Phillips because of the potential impact on Chandler's brother, Dominic.
"The main factor in our decision was whether we wanted to make Dominic participate in a prosecution where his father could be put to death," Carpenter said.
© Rocky Mountain News
Georgia County Finds the Costs of Death Penalty Case Adding Up
Georgia’s Hall County is encountering the high costs of seeking the death penalty as they prosecute their first capital case in nine years. The county expects the death penalty trial to cost at least four times as much as a regular murder trial. Capital trials are by far the most expensive criminal proceeding that takes place in local superior courts. Estimates put the cost for jurors and bailiffs alone at more than seven times the normal cost for a murder trial without seeking the death penalty, averaging at least $40,000 more for just jury and bailiff pay. The estimated increase does not include additional attorney and expert fees, overtime pay for courtroom deputies, increased postage costs for a questionnaire that was mailed to 500 prospective jurors, or the cost of transportation and lodging for witnesses. Henry County District Attorney Tommy Floyd, Chairman of the Prosecuting Attorney’s Council of Georgia, said of the costs of capital prosecution, “I have heard from other district attorneys in other parts of the state who had pressure with people telling them, ‘you’re going to [financially] break us.’” A University of North Carolina study estimated a cost increase of almost $200,000 for the judge, jury, and attorneys for one capital case compared to a standard murder trial.
County commissioners in Georgia’s Dawson County were faced with the prospect of raising taxes to pay for three death penalty trials for a 1991 murder. Mike Mears, a former director of the Georgia Multi-County Public Defender, remarked, “There was a discussion of actually raising the millage rate to pay for the trials.” Mears added, “I think eventually that’s something that the death penalty’s proponents and opponents could agree on--it’s just too darn expensive.” District Attorney Floyd said that the top priority for the District Attorney’s Association of Georgia will be to push legislation that would permit prosecutors to seek life without parole without needing to seek the death penalty. A similar bill stalled in the Senate this year. Floyd said the bill "would probably reduce the number of murder cases where the death penalty is sought.” Except for certain repeat offenders, the only way under Georgia law for life without parole to be an option is to seek the death penalty.
(S. Gurr, “The high cost of death,” Gainesville Times, August 10, 2008)
County commissioners in Georgia’s Dawson County were faced with the prospect of raising taxes to pay for three death penalty trials for a 1991 murder. Mike Mears, a former director of the Georgia Multi-County Public Defender, remarked, “There was a discussion of actually raising the millage rate to pay for the trials.” Mears added, “I think eventually that’s something that the death penalty’s proponents and opponents could agree on--it’s just too darn expensive.” District Attorney Floyd said that the top priority for the District Attorney’s Association of Georgia will be to push legislation that would permit prosecutors to seek life without parole without needing to seek the death penalty. A similar bill stalled in the Senate this year. Floyd said the bill "would probably reduce the number of murder cases where the death penalty is sought.” Except for certain repeat offenders, the only way under Georgia law for life without parole to be an option is to seek the death penalty.
(S. Gurr, “The high cost of death,” Gainesville Times, August 10, 2008)
Sunday, August 10, 2008
Gov. pulls switch on death cell
By Brendan Scott, Post Correspondent
ALBANY - The Paterson administration has put to death one of capital punishment's last vestiges - the execution chamber known as the "death house."
The Department of Correctional Services has quietly struck from the books a 40-year-old rule that designated the upstate Green Haven Correctional Facility the state's "Capital Punishment Unit."
The procedural move by Gov. Paterson, a Democrat who opposes capital punishment, completes the long, slow demise of the 1995 statute that reinstated the death penalty after a 23-year hiatus.
Although seven defendants were sentenced to death after then-Gov. George Pataki, a Republican, signed the law, the death house has never hosted an execution.
The two-cell unit sits vacant in an isolated wing of the Dutchess County prison.
Equipment for lethal injection has been removed. The defunct death house is visited once a week for cleaning.
The Court of Appeals ruled the Pataki statute unconstitutional last year.
Correction spokesman Erik Kriss said the death-house regulation was deemed unnecessary as part of an annual review of agency protocols.
"What the court said is, 'If you want executions in this state, the Legislature is going to have to enact a new statute or fix the statute,' " Kriss said. "If it does, we will adopt any new reg, rule or directive as needed."
Death-penalty supporters blasted the unilateral move by Paterson, likening it to his recent directive ordering New York to recognize gay marriages performed out of state.
"It's another decision by fiat," said Sen. Martin Golden (R-Brooklyn), who has sponsored a bill to make cop killers eligible for lethal injection.
"It should be a decision by the Legislature. This governor wasn't elected. He's got to let the legislators legislate."
The cop-killer legislation is among several attempts by the Republican-run Senate to restore the death penalty, but the bills have failed to move in the Democrat-controlled Assembly.
Approval has seemed less likely since Paterson succeeded disgraced Gov. Eliot Spitzer, who was pro-death penalty, in March.
ALBANY - The Paterson administration has put to death one of capital punishment's last vestiges - the execution chamber known as the "death house."
The Department of Correctional Services has quietly struck from the books a 40-year-old rule that designated the upstate Green Haven Correctional Facility the state's "Capital Punishment Unit."
The procedural move by Gov. Paterson, a Democrat who opposes capital punishment, completes the long, slow demise of the 1995 statute that reinstated the death penalty after a 23-year hiatus.
Although seven defendants were sentenced to death after then-Gov. George Pataki, a Republican, signed the law, the death house has never hosted an execution.
The two-cell unit sits vacant in an isolated wing of the Dutchess County prison.
Equipment for lethal injection has been removed. The defunct death house is visited once a week for cleaning.
The Court of Appeals ruled the Pataki statute unconstitutional last year.
Correction spokesman Erik Kriss said the death-house regulation was deemed unnecessary as part of an annual review of agency protocols.
"What the court said is, 'If you want executions in this state, the Legislature is going to have to enact a new statute or fix the statute,' " Kriss said. "If it does, we will adopt any new reg, rule or directive as needed."
Death-penalty supporters blasted the unilateral move by Paterson, likening it to his recent directive ordering New York to recognize gay marriages performed out of state.
"It's another decision by fiat," said Sen. Martin Golden (R-Brooklyn), who has sponsored a bill to make cop killers eligible for lethal injection.
"It should be a decision by the Legislature. This governor wasn't elected. He's got to let the legislators legislate."
The cop-killer legislation is among several attempts by the Republican-run Senate to restore the death penalty, but the bills have failed to move in the Democrat-controlled Assembly.
Approval has seemed less likely since Paterson succeeded disgraced Gov. Eliot Spitzer, who was pro-death penalty, in March.
Saturday, August 09, 2008
Friday, August 08, 2008
The Rat Trap: Death Row Exonerations Expose Pitfalls of the "Snitch" System
If the state of North Carolina had its way, Jones, 49, would have been strapped to a gurney years ago, hooked to an IV and pumped full of a lethal, three-drug cocktail until he asphyxiated.Instead, on May 2, he walked out of prison a free man after spending 13 years on death row, and another 24 months locked up awaiting retrial -- all for a murder he almost certainly did not commit.
Jones -- known to friends and family as "Bo" -- was released with the help of the American Civil Liberties Union's (ACLU) Capital Punishment Project after the prosecution's star witness recanted her testimony against him. (Lovely Lorden, a former girlfriend, admitted she'd collected $4,000 in reward money in exchange for testifying against Jones.)[...]
The prosecution felt little obligation to question the veracity of Lorden's claim. And if the witness is to be believed today, investigators actually helped her keep her story straight.
As a result of Lorden's testimony -- and despite the lack of physical evidence tying him to the crime -- a jury convicted Jones in 1993 and he was sentenced to die for Grady's killing.
What Jones' attorneys didn't know at the time -- and, as it turns out, didn't really bother trying to uncover -- is that Lovely Lorden had made something of a career out of testifying against people close to her. By her own admission, she has aided law enforcement in dozens of investigations and says she helped police make cases against several other boyfriends, as well as her own brother and sons.
What's more, her work as a confidential informant didn't stop after Jones was sent to death row. Jones' attorneys sent In These Times copies of receipts that show Lorden was paid money at least seven times for her work as a confidential informant from December 2003 to April 2004, while Jones sat in jail.
Today, Lorden contends she testified against Jones under pressure from the police, in particular Dalton Jones (no relation), the lead officer in the case.[...]
Unfortunately, the case of Levon Jones is not an anomaly. He is the fifth death row prisoner to be exonerated in the past year. Since December, North Carolina alone has released three inmates from death row after it was determined that they did not commit the crimes for which they were convicted. Of these three men, two, including Jones, were convicted on the false testimony of snitches.[...]
Unfortunately this article is way to long to quote all of it in here but I would really recommend to read all of this really interesting, informing and educating article at alternet.org
Please also read the answer of Ron Keine - an exoneree himself - to this article which I posted as a comment to this post
Thursday, August 07, 2008
Tommy Arthur - The fight is not over yet
Thanks to all of you who responded to last week's call to action in the case of death row prisoner Tommy Arthur. Arthur came within 24 hours of being killed by the state of Alabama, despite strong evidence of his potential innocence. Thanks in part to the e-mails and phone calls of readers like you, his execution was delayed indefinitely. But the fight for justice is not over. Go here to urge the state of Alabama to pursue a DNA test of evidence in his case.
Viscerally, I support the death penalty. Rationally, I cannot.
The Death Penalty
Viscerally, I support the death penalty. Rationally, I cannot.
The Federalist Reason. In a democracy, the government's power comes from the people. Powers not conferred to the government are retained by the people. You'll note that every criminal action is styled "The State v. [Citizen]." When a people are considering what powers to confer to their government, they would be prudent to withhold from that government the power to kill the citizens, lest it be used unwisely. That power – the power to kill – should be reserved.
The Justice Reason. Our system is designed to let nineteen guilty go free rather than convict one innocent. But that is not its track record. Scores of people have been exonerated by DNA and other evidence, including many convicted of capital crimes. Think of that horror: the wrongly convicted facing death at the hands of his government while the actual killer is still at large preying on the public. But if you acknowledge the failings of the system, you have to feel at least some consternation about exacting the ultimate penalty, death.
The Legal and Moral Reason. What is murder? The intentional, premeditated taking of a human life without justification. That the death penalty constitutes the intentional and premeditated taking of the accused's life is obvious. The question, then, is whether the taking of that life is with or without justification. What is justification? A qualifying condition that makes what would otherwise be immoral conduct (murder) acceptable. In the real world, where you and I live, self defense can be a justification for killing another person. Self defense is not available to the government in the context of a death penalty execution. Revenge does not support a justification defense in the real world, although it might be considered in the penalty phase of a trial. Deterrence does not justify one citizen in killing another. Nor could a citizen claim a defense based on the popular wish that the person be killed. Simply put, no justification applies to the government's execution of the accused. The government's execution is simple murder, the premeditated and intentional taking of a human life without legal or moral justification.
The Cost. Ah, if only we were in Stalin's Russia or Mao's China. A short trial, bereft of due process and justice, and a simple bullet to the head for execution. In our country, we have rights of due process and habeas corpus; people who study history and know of the atrocities governments have wrought on their own citizens hold those rights dear. But with those rights come costs, and when you seek to execute the accused, the costs are extreme. Further, imprisonment on death row is geometrically more expensive than in the general population. The death penalty is a false economy, if you were hoping the dismal science would support any argument for the death penalty. And when you are discussing the taking of a human life, bringing up the economics of the situation is distasteful. Decisions based on economics are divorced from the concerns of morality and justice that should drive policy on this matter.
A Broader Perspective. Most countries and many states in the United States have abolished the death penalty. And they are not overrun with murder and depravity. The idea that the death penalty is holding back a crime wave or murder spree is refuted by the facts on the ground. In fact, if Texas is any indicator, the death penalty is at best non-correlative to violent crime; at worst, it has a positive correlation.
The Victim's Perspective. I respect the sentiment that anyone must have upon the loss of a loved one to a murderer. If I suffered such a loss and knew the killer's identity, I doubt that I could restrain myself from exacting the death penalty personally. But revenge is not part of the grieving process. Frankly, the victim's loved ones are the least likely source for dispassionate consideration of this issue. That the victim's son, for instance, might want the murderer killed is hardly surprising and understandable, but not very helpful towards setting policy.
Most people reach their views on this subject viscerally. I understand that, but policy should be set by people thinking rationally. Think of what our country's ideals are, or should be. Do we seek justice? What justice is there in exacting the ultimate sanction when our system of justice is imperfect? Do we seek peace? What peace is there in taking another life? Do we seek truth? What truth is found in another death?
Odyssey
Taken from the blog Law Odyssey.
The author of this post is a trail lawyer in Houston, TX.
Viscerally, I support the death penalty. Rationally, I cannot.
The Federalist Reason. In a democracy, the government's power comes from the people. Powers not conferred to the government are retained by the people. You'll note that every criminal action is styled "The State v. [Citizen]." When a people are considering what powers to confer to their government, they would be prudent to withhold from that government the power to kill the citizens, lest it be used unwisely. That power – the power to kill – should be reserved.
The Justice Reason. Our system is designed to let nineteen guilty go free rather than convict one innocent. But that is not its track record. Scores of people have been exonerated by DNA and other evidence, including many convicted of capital crimes. Think of that horror: the wrongly convicted facing death at the hands of his government while the actual killer is still at large preying on the public. But if you acknowledge the failings of the system, you have to feel at least some consternation about exacting the ultimate penalty, death.
The Legal and Moral Reason. What is murder? The intentional, premeditated taking of a human life without justification. That the death penalty constitutes the intentional and premeditated taking of the accused's life is obvious. The question, then, is whether the taking of that life is with or without justification. What is justification? A qualifying condition that makes what would otherwise be immoral conduct (murder) acceptable. In the real world, where you and I live, self defense can be a justification for killing another person. Self defense is not available to the government in the context of a death penalty execution. Revenge does not support a justification defense in the real world, although it might be considered in the penalty phase of a trial. Deterrence does not justify one citizen in killing another. Nor could a citizen claim a defense based on the popular wish that the person be killed. Simply put, no justification applies to the government's execution of the accused. The government's execution is simple murder, the premeditated and intentional taking of a human life without legal or moral justification.
The Cost. Ah, if only we were in Stalin's Russia or Mao's China. A short trial, bereft of due process and justice, and a simple bullet to the head for execution. In our country, we have rights of due process and habeas corpus; people who study history and know of the atrocities governments have wrought on their own citizens hold those rights dear. But with those rights come costs, and when you seek to execute the accused, the costs are extreme. Further, imprisonment on death row is geometrically more expensive than in the general population. The death penalty is a false economy, if you were hoping the dismal science would support any argument for the death penalty. And when you are discussing the taking of a human life, bringing up the economics of the situation is distasteful. Decisions based on economics are divorced from the concerns of morality and justice that should drive policy on this matter.
A Broader Perspective. Most countries and many states in the United States have abolished the death penalty. And they are not overrun with murder and depravity. The idea that the death penalty is holding back a crime wave or murder spree is refuted by the facts on the ground. In fact, if Texas is any indicator, the death penalty is at best non-correlative to violent crime; at worst, it has a positive correlation.
The Victim's Perspective. I respect the sentiment that anyone must have upon the loss of a loved one to a murderer. If I suffered such a loss and knew the killer's identity, I doubt that I could restrain myself from exacting the death penalty personally. But revenge is not part of the grieving process. Frankly, the victim's loved ones are the least likely source for dispassionate consideration of this issue. That the victim's son, for instance, might want the murderer killed is hardly surprising and understandable, but not very helpful towards setting policy.
Most people reach their views on this subject viscerally. I understand that, but policy should be set by people thinking rationally. Think of what our country's ideals are, or should be. Do we seek justice? What justice is there in exacting the ultimate sanction when our system of justice is imperfect? Do we seek peace? What peace is there in taking another life? Do we seek truth? What truth is found in another death?
Odyssey
Taken from the blog Law Odyssey.
The author of this post is a trail lawyer in Houston, TX.
Wednesday, August 06, 2008
Tuesday, August 05, 2008
Last action for Jose Medellin
we are asking you to take part in this last action to save the life of Jose Medellin, whose execution is going to take place in almost 24 hours.
Please click on this link where you can contact Governor Perry and ask him to spare Jose's life.
You are asked to choose an option in the "Issue" field: select "execution - offender specific". In the comments field just put a brief sentence mentioning Jose Medellin and asking the Governor to grant him a stay and spare his life or whatever passes through your mind.
Thank you to all who will help! Please pass this along to as many people as you can!
Please click on this link where you can contact Governor Perry and ask him to spare Jose's life.
You are asked to choose an option in the "Issue" field: select "execution - offender specific". In the comments field just put a brief sentence mentioning Jose Medellin and asking the Governor to grant him a stay and spare his life or whatever passes through your mind.
Thank you to all who will help! Please pass this along to as many people as you can!
Journey of Hope: Montana
Temporary Note: We hope to have a photo for Jennifer and/or other Montana folk here soon--also a little more on the Montana Journey so please keep coming back! (Connie)
Jennifer Kirby is the Coordinator for the Montana Abolition Coalition. She will be the lead organizer for the Montana Journey of Hope. Jennifer is very excited about the Journey coming to Montana and hopeful that the outcome will be abolition of the death penalty in her state. The Journey of Hope...from Violence to Healing is very grateful to Jennifer and MAC for inviting the Journey to Montana. I met Jennifer in San Jose, California during the National Coalition Conference to Abolish the Death Penalty in January. Marietta Jaeger Lane introduced us. Marietta is on the board of directors of MAC and she is also a newly elected board member of the Journey of Hope. Marietta is also one of the five Journey of Hope co-founders.
Jennifer has written the following piece for the Montana Journey. Please feel free to copy it and post it to any list you may have.
Peace,
Bill
From Jennifer...
In 2007, Montana made history when the Montana Senate voted to abolish the death penalty and replace it with life without the possibility of parole. Though the bill failed by a single vote in the House Committee, the success in the legislature showed that we are on the verge of victory. The Montana Abolition Coalition is seizing the opportunity and the momentum to abolish the death penalty in the 2009 legislative session.
The Montana Abolition Coalition is a broad based group of organizations and individuals committed to ending the death penalty in Montana. The Coalition includes faith groups, civil rights organizations, and murder victims’ families groups. The groups differ in their reasons, but all agree on the need to end capital punishment.
The Coalition recognizes the need to bring together murder victim family members, exonerees and death row families and have them share their stories with the public.
So that is why the Coalition has invited Journey of Hope to Montana. We hope the Journey will change minds and help expand the support for abolition. We know that the speakers have the power to win us votes in the legislature. The Coalition has determined a number of legislative districts that are key to winning in the next legislative session. These will be focused on during the Journey by having a number of venues in those districts and arranging for legislators and legislative candidates to attend Journey events. By having the Journey work in the targeted legislative districts, we will build grassroots support for abolition in these key areas. So in the 2009 session, we will have a strong organized group of constituents that will help move legislators to vote their conscience and end capital punishment in our state.
The Journey will take place October 2nd through October 11th, 2008. Events will be held throughout the state in a wide variety of venues.
Montana made national headlines in 2007 with the State Senate’s vote to end capital punishment. Today, abolition is closer than ever. With the help of Journey of Hope, we can have victory in 2009!
Jennifer Kirby
Coordinator, Montana Abolition Coalition
406-461-8176
jenk@aclumontana.org
jenk@mtabolitionco.org
Jennifer Kirby is the Coordinator for the Montana Abolition Coalition. She will be the lead organizer for the Montana Journey of Hope. Jennifer is very excited about the Journey coming to Montana and hopeful that the outcome will be abolition of the death penalty in her state. The Journey of Hope...from Violence to Healing is very grateful to Jennifer and MAC for inviting the Journey to Montana. I met Jennifer in San Jose, California during the National Coalition Conference to Abolish the Death Penalty in January. Marietta Jaeger Lane introduced us. Marietta is on the board of directors of MAC and she is also a newly elected board member of the Journey of Hope. Marietta is also one of the five Journey of Hope co-founders.
Jennifer has written the following piece for the Montana Journey. Please feel free to copy it and post it to any list you may have.
Peace,
Bill
From Jennifer...
In 2007, Montana made history when the Montana Senate voted to abolish the death penalty and replace it with life without the possibility of parole. Though the bill failed by a single vote in the House Committee, the success in the legislature showed that we are on the verge of victory. The Montana Abolition Coalition is seizing the opportunity and the momentum to abolish the death penalty in the 2009 legislative session.
The Montana Abolition Coalition is a broad based group of organizations and individuals committed to ending the death penalty in Montana. The Coalition includes faith groups, civil rights organizations, and murder victims’ families groups. The groups differ in their reasons, but all agree on the need to end capital punishment.
The Coalition recognizes the need to bring together murder victim family members, exonerees and death row families and have them share their stories with the public.
So that is why the Coalition has invited Journey of Hope to Montana. We hope the Journey will change minds and help expand the support for abolition. We know that the speakers have the power to win us votes in the legislature. The Coalition has determined a number of legislative districts that are key to winning in the next legislative session. These will be focused on during the Journey by having a number of venues in those districts and arranging for legislators and legislative candidates to attend Journey events. By having the Journey work in the targeted legislative districts, we will build grassroots support for abolition in these key areas. So in the 2009 session, we will have a strong organized group of constituents that will help move legislators to vote their conscience and end capital punishment in our state.
The Journey will take place October 2nd through October 11th, 2008. Events will be held throughout the state in a wide variety of venues.
Montana made national headlines in 2007 with the State Senate’s vote to end capital punishment. Today, abolition is closer than ever. With the help of Journey of Hope, we can have victory in 2009!
Jennifer Kirby
Coordinator, Montana Abolition Coalition
406-461-8176
jenk@aclumontana.org
jenk@mtabolitionco.org
Sunday, August 03, 2008
International Forgiveness Day
Today is the International Forgiveness Day 2008. When I was first reading about this, I had mixed feelings:
- Shouldn't we forgive each day of the year?
- On the other hand: it might be good to just remind people on the power of forgiveness every so often and we have things like Mother's Day, Father's Day etc. as well
I believe it's a good subject to at least think about a bit and the website of Worldwide Forgiveness Alliance offers some first points for this at the least. So I started to do some thinking myself and also asked a friend about her thoughts - read them for yourself, please and let me know what YOU think about the International Forgiveness day!
Susanne
When Susanne asked me to write a few lines on the subject of "Forgiveness-Day" I didn't imagine what I agreed to.
Now I've been sitting her for hours, remembering, considering, trying to tell what it is in my eyes, in my life. So, those are some of my ideas around the subject:
Forgiveness doesn't mean to forget, become friends and live a life in love and peace...
I think it's more like making a new start. Don't try to change the facts of the past. (Or even: Try to stop doing so.) Acknowledge them to be true. Don't bargain about the importance of those facts for you. If they did violate you, they did. Accept that they did, anything further depends on accepting the truth. It won't ever help you to deny.
But what about the feelings of hatred and the burning long for revenge?
I'm sure that hatred and revenge never do any good, to nobody, not the one who feels or seeks them, not the one who is a target to them. (You know the saying: "What is the good in killing people to show people that killing is wrong?")
Reduced to its point I think hatred is rejecting evil. So reject evil and let it be rejected. Don't keep being concerned all the days of your life. Maybe rejecting will take you more than once to do - do it as often as you need to get rid of that evil damaging you. (Don't get me wrong: It might go on hurting for a long time, but that's not meant by further damage.)
In a simple form, rejecting is just to say "no". Sure, it won't be enough to say "no" in a situation, when your most loved one has been killed. It shouldn't have happened, of course, but it did. Accepting that truth hill help you to go on living.
Once I had to overcome a similar loss and grief. So I'm telling to let you know that I know what I'm talking about.
Two days before my dearest friend was killed we were talking about how to make a will. Both we were aged 24 and didn't possess anything worth to make a will for. It was only the idea of helping the left-behind to continue. My friend Barbara insisted in asking her family and friends to forgive in case of murder or homicide or something like that. That was her inheritance, I had to tell her family.
Justice isn't really a comfort to the grieving. It's got its value in keeping society together. But I'm convinced that justice as revenge is no good to anyone, it's just an illusion.
Life will never be the same after a crime - done or suffered. The past is gone, leaving behind a lot of destruction. But try to make a new start. Give your violated and handicapped life the chance to go on and maybe to change some day.
Some people are even capable to look in the criminal's eyes and not act out of hatred, no matter about their real feelings. There is a difference between the evil that has been done (what can't be changed) and the evil that is going to be done by active hatred in revenge. It is possible to stop it.
Now I'm 48. I didn't forget and I never will. How could I? A great part of my own life has been destroyed. But I had to go through it, gather the pieces together, make "the best of it", start again, live now, not only in the past, not allowing the past to poison my life and the lives of the ones who did what they did to Barbara, to me and to themselves.
So, if you managed to keep on reading until now and you're calling that preyching on a Sunday morning - you may be right. I was just preaching to myself. You've only read my thoughts about "Forgiveness-Day".
Christiane
- Shouldn't we forgive each day of the year?
- On the other hand: it might be good to just remind people on the power of forgiveness every so often and we have things like Mother's Day, Father's Day etc. as well
I believe it's a good subject to at least think about a bit and the website of Worldwide Forgiveness Alliance offers some first points for this at the least. So I started to do some thinking myself and also asked a friend about her thoughts - read them for yourself, please and let me know what YOU think about the International Forgiveness day!
Susanne
When Susanne asked me to write a few lines on the subject of "Forgiveness-Day" I didn't imagine what I agreed to.
Now I've been sitting her for hours, remembering, considering, trying to tell what it is in my eyes, in my life. So, those are some of my ideas around the subject:
Forgiveness doesn't mean to forget, become friends and live a life in love and peace...
I think it's more like making a new start. Don't try to change the facts of the past. (Or even: Try to stop doing so.) Acknowledge them to be true. Don't bargain about the importance of those facts for you. If they did violate you, they did. Accept that they did, anything further depends on accepting the truth. It won't ever help you to deny.
But what about the feelings of hatred and the burning long for revenge?
I'm sure that hatred and revenge never do any good, to nobody, not the one who feels or seeks them, not the one who is a target to them. (You know the saying: "What is the good in killing people to show people that killing is wrong?")
Reduced to its point I think hatred is rejecting evil. So reject evil and let it be rejected. Don't keep being concerned all the days of your life. Maybe rejecting will take you more than once to do - do it as often as you need to get rid of that evil damaging you. (Don't get me wrong: It might go on hurting for a long time, but that's not meant by further damage.)
In a simple form, rejecting is just to say "no". Sure, it won't be enough to say "no" in a situation, when your most loved one has been killed. It shouldn't have happened, of course, but it did. Accepting that truth hill help you to go on living.
Once I had to overcome a similar loss and grief. So I'm telling to let you know that I know what I'm talking about.
Two days before my dearest friend was killed we were talking about how to make a will. Both we were aged 24 and didn't possess anything worth to make a will for. It was only the idea of helping the left-behind to continue. My friend Barbara insisted in asking her family and friends to forgive in case of murder or homicide or something like that. That was her inheritance, I had to tell her family.
Justice isn't really a comfort to the grieving. It's got its value in keeping society together. But I'm convinced that justice as revenge is no good to anyone, it's just an illusion.
Life will never be the same after a crime - done or suffered. The past is gone, leaving behind a lot of destruction. But try to make a new start. Give your violated and handicapped life the chance to go on and maybe to change some day.
Some people are even capable to look in the criminal's eyes and not act out of hatred, no matter about their real feelings. There is a difference between the evil that has been done (what can't be changed) and the evil that is going to be done by active hatred in revenge. It is possible to stop it.
Now I'm 48. I didn't forget and I never will. How could I? A great part of my own life has been destroyed. But I had to go through it, gather the pieces together, make "the best of it", start again, live now, not only in the past, not allowing the past to poison my life and the lives of the ones who did what they did to Barbara, to me and to themselves.
So, if you managed to keep on reading until now and you're calling that preyching on a Sunday morning - you may be right. I was just preaching to myself. You've only read my thoughts about "Forgiveness-Day".
Christiane
Saturday, August 02, 2008
A little more about Mike Farrell
Just a quick mention of Mike's book -Just Call Me Mike-
Here's what one legal expert has to say about the book:
" Mike Farrell proves that ferocious conviction is the organizing principle of an extraordinary life. In his memoir, Just Call Me Mike, Mike describes the fantastic, sometimes painful, and ultimately redeeming journey that his conscience has led him on. Like his life, the book dances seamlessly between his great passions--from fond memories on the M*A*S*H set, to nervous moments at military checkpoints on his way to help refugees in war-torn Central America, to scrubbing-in to real-life surgery on a prisoner of war in El Salvador. In a disarmingly honest and gentle voice, Just Call Me Mike collects an extraordinary diversity of experiences, so diverse that it's difficult to believe that one person could accomplish so much, in art and in service to others. "
--Kamala Harris, District Attorney of San Francisco
Short Bio:
Best known for his eight years on M*A*S*H and five seasons on “Providence,” actor Mike Farrell is also a writer, director and producer, his most recent project the motion picture “Patch Adams.”
A social and political activist, Farrell has served on human rights and peace delegations to El Salvador, Nicaragua, U.S.S.R., Paraguay, Chile, Israel, the Occupied Territories, Egypt, Jordan, Syria, Czechoslovakia, Somalia, Kenya, Croatia, Bosnia, Cuba, Rwanda, Zaire, Tanzania and Costa Rica.
He was co-chair of the Southern California Committee of Human Rights Watch from 1994 to 2004.
President of Death Penalty Focus since 1994, he has “visited too many death rows” and he speaks, debates, writes and coordinates efforts to stop executions across the country. (you can click on this site here under links on the right column.)
We can find a lot more available on the internet--Mike's blog, videos, speeches, etc.
Thanks Mike for ALL you are doing to connect with folk and help them and us connect with one another!
Here's what one legal expert has to say about the book:
" Mike Farrell proves that ferocious conviction is the organizing principle of an extraordinary life. In his memoir, Just Call Me Mike, Mike describes the fantastic, sometimes painful, and ultimately redeeming journey that his conscience has led him on. Like his life, the book dances seamlessly between his great passions--from fond memories on the M*A*S*H set, to nervous moments at military checkpoints on his way to help refugees in war-torn Central America, to scrubbing-in to real-life surgery on a prisoner of war in El Salvador. In a disarmingly honest and gentle voice, Just Call Me Mike collects an extraordinary diversity of experiences, so diverse that it's difficult to believe that one person could accomplish so much, in art and in service to others. "
--Kamala Harris, District Attorney of San Francisco
Short Bio:
Best known for his eight years on M*A*S*H and five seasons on “Providence,” actor Mike Farrell is also a writer, director and producer, his most recent project the motion picture “Patch Adams.”
A social and political activist, Farrell has served on human rights and peace delegations to El Salvador, Nicaragua, U.S.S.R., Paraguay, Chile, Israel, the Occupied Territories, Egypt, Jordan, Syria, Czechoslovakia, Somalia, Kenya, Croatia, Bosnia, Cuba, Rwanda, Zaire, Tanzania and Costa Rica.
He was co-chair of the Southern California Committee of Human Rights Watch from 1994 to 2004.
President of Death Penalty Focus since 1994, he has “visited too many death rows” and he speaks, debates, writes and coordinates efforts to stop executions across the country. (you can click on this site here under links on the right column.)
We can find a lot more available on the internet--Mike's blog, videos, speeches, etc.
Thanks Mike for ALL you are doing to connect with folk and help them and us connect with one another!
Friday, August 01, 2008
What's up with Mike?
Mike is one of these rare abolitionists who connects need to abolish the death penalty with working across the human rights spectrum.
An Unlikely Pair Fight the Death Penalty: Mike Farrell and Calif. Judge
Don McCartin, former Marine (like Mike)--now retired "hanging judge"--and casual acquaintance from Mike's home haunts--same area of Calif)
McCartin, having sentenced nine men to death and then watched as the system examined, re-examined and finally overturned all of his convictions while executing none of them, now believes the death penalty is a hideously expensive fraud.
Excerpts from article below: (The Death Penalty) TORTURES THE LOVED ONES of murder victims by dragging them through the years of complex appeals required by the U.S. Supreme Court in an attempt to protect the innocent...stripping away the remaining shreds of one’s humanity and killing him while helpless and defenseless...called `justice’ by the leaders of our state and nation, a lesson is taught,” says Farrell. “Unfortunately, that lesson is being played out today, not only in our cities, but by young Americans in Guantanamo, Abu Ghraib, Bagram and `black sites’ run by the CIA across the world, again with the full authority and approval of those who pretend to leadership.”
See Full Article below
++++++++++++++++++++++
Donald A. McCartin and Mike Farrell
(Originally printed in the Los Angeles Daily News and reposted on Truth Dig.)
We are an unlikely pair—not “The Odd Couple,” but close. Forty-five years ago, one was a successful lawyer practicing in Orange County, the other an aspiring actor living there because his new wife taught at Laguna Beach High School.
The lawyer had lawsuits to handle, papers to be filed, people to be found, summonses and subpoenas to be served.
The actor, unable to count on work in show business, ran an attorney service that took care of the lawyer’s business.
Both former Marines, we thus knew each other, if casually, for years.
Two decades later, the lawyer, then a judge of the Superior Court, had sentenced more men to death than any other in his jurisdiction. He was known as “the hanging judge of Orange County.”
The actor had gotten lucky, becoming a member of the cast of “M*A*S*H,” one of the nation’s most beloved TV shows, and was an ardent and outspoken opponent of the death penalty.
Today, while coming at it from vastly different perspectives, the now-retired “hanging judge” and the actor, who chairs Death Penalty Focus, find themselves working together again, this time to close California’s death chamber.
Don McCartin, having sentenced nine men to death and then watched as the system examined, re-examined and finally overturned all of his convictions while executing none of them, now believes the death penalty is a hideously expensive fraud. It tortures the loved ones of murder victims by dragging them through the years of complex appeals required by the U.S. Supreme Court in an attempt to protect the innocent.
He’s aware of the constitutional dilemma created by the tension between the need to protect the rights of the accused in a death case and the desire for some form of justice to be done. But he’s outraged that the mother of Robin Samsoe, a 12-year-old girl raped and murdered in 1979, is now required to sit through yet a third trial of the alleged killer almost 30 years later. A sentence of life without parole would have allowed her to go on with her own life so long ago.
Mike Farrell, having seen the harm done by this same system—both to the innocent caught in it, sentenced to death and sometimes executed, as well as to the prosecutors, defense attorneys, investigators, judges, juries, guards, chaplains, killing teams and executioners tainted by it—believes our entire society is harmed by the dehumanization process inherent in state killing.
“When stripping away the remaining shreds of one’s humanity and killing him while helpless and defenseless is called `justice’ by the leaders of our state and nation, a lesson is taught,” says Farrell. “Unfortunately, that lesson is being played out today, not only in our cities, but by young Americans in Guantanamo, Abu Ghraib, Bagram and `black sites’ run by the CIA across the world, again with the full authority and approval of those who pretend to leadership.”
After 45 years, we—the judge and the actor, first business associates, then adversaries—now call on Gov. Arnold Schwarzenegger and the state Legislature to heed the findings of California’s Commission on the Fair Administration of Justice after its two-year examination. We ask them to bring an end to the wasteful, hypocritical, demeaning exercise of capital punishment, and replace it with the safer, cheaper, fairer sentence of permanent imprisonment.
Donald A. McCartin is a retired judge of the Orange County (Calif.) Superior Court. Mike Farrell is president of Death Penalty Focus and author of “Just Call Me Mike: A Journey to Actor and Activist.”
McCartin, having sentenced nine men to death and then watched as the system examined, re-examined and finally overturned all of his convictions while executing none of them, now believes the death penalty is a hideously expensive fraud.
Excerpts from article below: (The Death Penalty) TORTURES THE LOVED ONES of murder victims by dragging them through the years of complex appeals required by the U.S. Supreme Court in an attempt to protect the innocent...stripping away the remaining shreds of one’s humanity and killing him while helpless and defenseless...called `justice’ by the leaders of our state and nation, a lesson is taught,” says Farrell. “Unfortunately, that lesson is being played out today, not only in our cities, but by young Americans in Guantanamo, Abu Ghraib, Bagram and `black sites’ run by the CIA across the world, again with the full authority and approval of those who pretend to leadership.”
See Full Article below
++++++++++++++++++++++
Donald A. McCartin and Mike Farrell
(Originally printed in the Los Angeles Daily News and reposted on Truth Dig.)
We are an unlikely pair—not “The Odd Couple,” but close. Forty-five years ago, one was a successful lawyer practicing in Orange County, the other an aspiring actor living there because his new wife taught at Laguna Beach High School.
The lawyer had lawsuits to handle, papers to be filed, people to be found, summonses and subpoenas to be served.
The actor, unable to count on work in show business, ran an attorney service that took care of the lawyer’s business.
Both former Marines, we thus knew each other, if casually, for years.
Two decades later, the lawyer, then a judge of the Superior Court, had sentenced more men to death than any other in his jurisdiction. He was known as “the hanging judge of Orange County.”
The actor had gotten lucky, becoming a member of the cast of “M*A*S*H,” one of the nation’s most beloved TV shows, and was an ardent and outspoken opponent of the death penalty.
Today, while coming at it from vastly different perspectives, the now-retired “hanging judge” and the actor, who chairs Death Penalty Focus, find themselves working together again, this time to close California’s death chamber.
Don McCartin, having sentenced nine men to death and then watched as the system examined, re-examined and finally overturned all of his convictions while executing none of them, now believes the death penalty is a hideously expensive fraud. It tortures the loved ones of murder victims by dragging them through the years of complex appeals required by the U.S. Supreme Court in an attempt to protect the innocent.
He’s aware of the constitutional dilemma created by the tension between the need to protect the rights of the accused in a death case and the desire for some form of justice to be done. But he’s outraged that the mother of Robin Samsoe, a 12-year-old girl raped and murdered in 1979, is now required to sit through yet a third trial of the alleged killer almost 30 years later. A sentence of life without parole would have allowed her to go on with her own life so long ago.
Mike Farrell, having seen the harm done by this same system—both to the innocent caught in it, sentenced to death and sometimes executed, as well as to the prosecutors, defense attorneys, investigators, judges, juries, guards, chaplains, killing teams and executioners tainted by it—believes our entire society is harmed by the dehumanization process inherent in state killing.
“When stripping away the remaining shreds of one’s humanity and killing him while helpless and defenseless is called `justice’ by the leaders of our state and nation, a lesson is taught,” says Farrell. “Unfortunately, that lesson is being played out today, not only in our cities, but by young Americans in Guantanamo, Abu Ghraib, Bagram and `black sites’ run by the CIA across the world, again with the full authority and approval of those who pretend to leadership.”
After 45 years, we—the judge and the actor, first business associates, then adversaries—now call on Gov. Arnold Schwarzenegger and the state Legislature to heed the findings of California’s Commission on the Fair Administration of Justice after its two-year examination. We ask them to bring an end to the wasteful, hypocritical, demeaning exercise of capital punishment, and replace it with the safer, cheaper, fairer sentence of permanent imprisonment.
Donald A. McCartin is a retired judge of the Orange County (Calif.) Superior Court. Mike Farrell is president of Death Penalty Focus and author of “Just Call Me Mike: A Journey to Actor and Activist.”
Tuesday, July 29, 2008
Execution Date Set for Editor of Magazine
Greetings friends of the Journey of Hope. I received the following email from Paula Skillacorn. Her husband is scheduled to be executed next month. Dennis Skillacorn is the editor of Compassion Magazine which has featured the stories of many Journey member like Marietta Jaeger Lane, Vicki Schieber and myself. Please read and act accordingly.
Peace,
Bill Pelke, President
Journey of Hope...from Violence to Healing
PO Box 210390
Anchorage, AK 99521-0390
Toll Free 877-9-24GIVE (4483)
Bill@JourneyofHope.org
www.JourneyofHope.org
Cell 305-775-5823
"The answer is love and compassion for all of humanity"
Sent: Saturday, July 26, 2008 4:15 AM
Subject: execution date
On Friday, despite the fact that we have two issues before the court, the Missouri Supreme Court set an execution date of Aug. 27.
For those of you who would like to do anything to help try to prevent this state from killing my husband, your help is welcome and there are some fairly simple things you can do. For those who are not aware of the facts of the case, here are some main points:
Allen Nicklasson, the man who shot and killed Richard Drummond in Aug. 1994 did so on his own after leaving Dennis behind in the stolen car. Allen has been consistent in telling the truth since day one - with his friends and close acquaintances, as well as with law enforcement - that Dennis had absolutely no idea that when Allen walked Drummond into the woods, Allen was going to shoot him. Allen had planned to tie Drummond up so that by the time Drummond could free himself and walk into town to all police, Allen, Dennis and Tim DeGraffenreid would be back in Blue Springs, hiding out.
Instead, Allen decided to kill Drummond. His statements to police have been consistent and truthful, but the state successfully kept Allen from testifying in trial. The jury never heard the truth and thus convicted Dennis for first-degree murder as an accomplice. Allen has tried through the years to be heard in court, but the appellate courts denied him that right as well.
We are still trying to get the Supreme Court to look at Allen's statements. Dennis is not an innocent victim, but he is innocent of first-degree murder. We are not asking that he be freed. We believe the sentence of death is excessive in this case, and that society would be safe and justice would be served through clemency, which means we want the governor to change Dennis' sentence to life in prison without the possibility of parole.
In addition, Dennis has been actively involved in restorative justice even before the program was established at Potosi Correctional Center. He is the editor of Compassion, a publication written and edited by death row inmates across the country who have raised more than $34,000 in college scholarships for family members of murdered victims. This scholarship goes to family members regardless of their stance on the death penalty. For example, Zach Osbourne, one of the recipients, supports the death penalty openly and is going to school to become a police officer.
Dennis compiled a book, "Today's Choices Affect Tomorrow's Dreams," that is distributed for free to juvenile centers around the country. The book has been so popular, he has been asked to do another. That book is currently being compiled.
Dennis is chairman of the prison's Hospice group and has cared for many dying prison patients through the years. He is a co-founder of 4-H LIFE, a family strengthening program that teaches inmates to be better parents and includes a family 4-H meeting each month inside the prison. As a former president and officer of 4-H, Dennis has led fundraisers to send money to children's programs in the state and to send 4-H LIFE members to summer camp and state leadership programs. 4-H LIFE has won several awards and is now active in several other prisons.
Dennis has actively worked to build bridges between the Protestant, Catholic, Muslim, Islamic and Native American religious groups at the prison. He is a founder of the Charity Carnival - in its second year - that raises money inside the prison for charitable organizations. The carnival is today, but he is locked up and cannot carry out his responsibilities for that event.
Dennis speaks to university student groups on a regular basis to give them insight into the death penalty and prison life. He is, and remains, a positive spokesman and positive role models for other prisoners.
He is a leader in the Set Free Ministry, a prison ministry that works with thousands of inmates in Missouri and Illinois to help them in their Christian walk. The Ministry has grown from an office of three to an office of around 20 inmates at PCC and a second office in Charleston's prison. The Ministry continues to expand in prisons in the two states as well as into jails.
All of this is documented, not the exaggerated account of a wife desperate to save her husband.
For those of you who have asked, I am terrified, but determined to fight for justice for my family. Murdering my husband is not justice - it is harming me, my son, Dennis' sisters, brother, nephews, aunts uncles, friends, etc. He is my soulmate, for those of you who understand what that means.
A date is an extremely serious situation, but we have issues to pursue and this does not mean we're done. Please do not assume that this is inevitable, even though we have a very, very difficult fight in the next 32 days.
I appreciate your support in any way. Should you want to write letters, file amicus briefs (friend of the court) with your church or other organization, let me know and I'll give you more info.
If you choose to pray, please ask God to intervene and see that Dennis receives a lesser sentence.
Thanks.
Paula skillicorn@centurytel.net
Peace,
Bill Pelke, President
Journey of Hope...from Violence to Healing
PO Box 210390
Anchorage, AK 99521-0390
Toll Free 877-9-24GIVE (4483)
Bill@JourneyofHope.org
www.JourneyofHope.org
Cell 305-775-5823
"The answer is love and compassion for all of humanity"
Sent: Saturday, July 26, 2008 4:15 AM
Subject: execution date
On Friday, despite the fact that we have two issues before the court, the Missouri Supreme Court set an execution date of Aug. 27.
For those of you who would like to do anything to help try to prevent this state from killing my husband, your help is welcome and there are some fairly simple things you can do. For those who are not aware of the facts of the case, here are some main points:
Allen Nicklasson, the man who shot and killed Richard Drummond in Aug. 1994 did so on his own after leaving Dennis behind in the stolen car. Allen has been consistent in telling the truth since day one - with his friends and close acquaintances, as well as with law enforcement - that Dennis had absolutely no idea that when Allen walked Drummond into the woods, Allen was going to shoot him. Allen had planned to tie Drummond up so that by the time Drummond could free himself and walk into town to all police, Allen, Dennis and Tim DeGraffenreid would be back in Blue Springs, hiding out.
Instead, Allen decided to kill Drummond. His statements to police have been consistent and truthful, but the state successfully kept Allen from testifying in trial. The jury never heard the truth and thus convicted Dennis for first-degree murder as an accomplice. Allen has tried through the years to be heard in court, but the appellate courts denied him that right as well.
We are still trying to get the Supreme Court to look at Allen's statements. Dennis is not an innocent victim, but he is innocent of first-degree murder. We are not asking that he be freed. We believe the sentence of death is excessive in this case, and that society would be safe and justice would be served through clemency, which means we want the governor to change Dennis' sentence to life in prison without the possibility of parole.
In addition, Dennis has been actively involved in restorative justice even before the program was established at Potosi Correctional Center. He is the editor of Compassion, a publication written and edited by death row inmates across the country who have raised more than $34,000 in college scholarships for family members of murdered victims. This scholarship goes to family members regardless of their stance on the death penalty. For example, Zach Osbourne, one of the recipients, supports the death penalty openly and is going to school to become a police officer.
Dennis compiled a book, "Today's Choices Affect Tomorrow's Dreams," that is distributed for free to juvenile centers around the country. The book has been so popular, he has been asked to do another. That book is currently being compiled.
Dennis is chairman of the prison's Hospice group and has cared for many dying prison patients through the years. He is a co-founder of 4-H LIFE, a family strengthening program that teaches inmates to be better parents and includes a family 4-H meeting each month inside the prison. As a former president and officer of 4-H, Dennis has led fundraisers to send money to children's programs in the state and to send 4-H LIFE members to summer camp and state leadership programs. 4-H LIFE has won several awards and is now active in several other prisons.
Dennis has actively worked to build bridges between the Protestant, Catholic, Muslim, Islamic and Native American religious groups at the prison. He is a founder of the Charity Carnival - in its second year - that raises money inside the prison for charitable organizations. The carnival is today, but he is locked up and cannot carry out his responsibilities for that event.
Dennis speaks to university student groups on a regular basis to give them insight into the death penalty and prison life. He is, and remains, a positive spokesman and positive role models for other prisoners.
He is a leader in the Set Free Ministry, a prison ministry that works with thousands of inmates in Missouri and Illinois to help them in their Christian walk. The Ministry has grown from an office of three to an office of around 20 inmates at PCC and a second office in Charleston's prison. The Ministry continues to expand in prisons in the two states as well as into jails.
All of this is documented, not the exaggerated account of a wife desperate to save her husband.
For those of you who have asked, I am terrified, but determined to fight for justice for my family. Murdering my husband is not justice - it is harming me, my son, Dennis' sisters, brother, nephews, aunts uncles, friends, etc. He is my soulmate, for those of you who understand what that means.
A date is an extremely serious situation, but we have issues to pursue and this does not mean we're done. Please do not assume that this is inevitable, even though we have a very, very difficult fight in the next 32 days.
I appreciate your support in any way. Should you want to write letters, file amicus briefs (friend of the court) with your church or other organization, let me know and I'll give you more info.
If you choose to pray, please ask God to intervene and see that Dennis receives a lesser sentence.
Thanks.
Paula skillicorn@centurytel.net
Doctor banned for incompetence is now part of Arizona's executions
Death Chamber, Missouri Correctional Center. STORY JUST IN (Death Penalty Information Center)
The same doctor who was banned from executions in Missouri has been discovered as a participant in Arizona’s most recent execution. Dr. Alan Doerhoff’s signature is at the bottom of executed Robert Comer’s EKG tape, eight months after he was prohibited from further Missouri executions “because of questions about his standards and competence.” Doerhoff had assisted in more than 54 executions in Missouri, developed procedures, inserted catheters, and monitored prisoner’s consciousness in Indiana. According to 2006 court records, he admitted under oath to being dyslexic, that “he ‘improvised’ the dosages of the drugs (partly because of how conveniently or inconveniently they were packaged), had no set protocol and kept no records of procedures.” The hearing’s judge prohibited Doerhoff from participating “in any manner, at any level” in Missouri’s lethal-injection process. Prior to this ruling, Doerhoff had been sued for malpractice 20 times, paid several settlements, and was “officially reprimanded by the Missouri Board of Healing Arts for not disclosing malpractice suits to a hospital where he practiced and was subsequently barred from some hospitals.”
The techniques that Doerhoff developed appear to have influenced Arizona’s new execution procedures, “specifically a practice of administering the killing chemicals through a catheter in the groin instead of through an arm. It’s a method that some critics say is too complex and contributes to higher risks of error that could lead to undue suffering.” Such a technique appears to be unique to jurisdictions where Doerhoff participated in executions. When the Arizona Department of Corrections was questioned about Doerhoff’s participation, they denied any association with the doctor. When the media showed proof of Doerhoff’s signature on the execution documents, the Corrections officials cited statutes that protect the identity of Arizona executioners. The State of Arizona is still fighting petitions in court to reveal information about their execution staff. Experts say that Doerhoff techniques are overly complex and prone to error. Despite being prohibited from participating in Missouri executions, Dr. Doerhoff is still legally permitted to participate and influence other states’ and federal executions.
(M. Kiefer, “Doctor banned from executions in Mo. now in Ariz.,” The Arizona Republic, July 24, 2008). See Executions.
Monday, July 28, 2008
"The death penalty did not deter David from taking my daughter’s life"
Despite having vastly different experiences in relation to capital punishment, both Ron Keine and Marietta Jaeger-Lane ardently believe that the death penalty must be abolished.
In a dual appearance arranged by the Montana Abolition Coalition Tuesday night at the Clocktower Inn, Jaeger-Lane and Keine spoke at length about their experiences involving murder cases and the impact those experiences have had on their views about capital punishment. [...]
Keine was on a road trip with his California motorcycle club in 1974 when, on the way to visit his home state of Michigan, he and three others were convicted of a crime they didn’t commit.[...]With only an inexperienced public defender left to help in the case, Keine and his three friends were convicted of the charges and sentenced to death.
After Keine spent 22 months on death row and came within 10 days of being put to death, the real killer was found. According to a press release from the Montana Abolition Coalition, “In late 1975, a state district judge dismissed the original indictments and the four men were released in 1976 after the murder weapon was traced to a drifter from South Carolina who admitted to the killing. The murder weapon, a 22-caliber pistol, was found only after a search warrant was issued to open the sheriff’s safe.”
Eventually it was discovered that the sheriff hid the gun and the documents of the case, which explained to whom the gun belonged. The police also forced a prostitute from Albuquerque to testify and claim false information against the defendants, according to Keine. [...]
“Two months after we were released,” says Keine, “my friend went up to the mountains in Tennessee, put a shotgun into his mouth, and pulled the trigger. This was because of the brutal time we had as innocent men on death row.”
Keine added, “I had my spine beaten so bad that I couldn’t walk for two weeks, I thought I’d never walk again. I also became 20 percent deaf in my left ear.”
Jaeger-Lane went through a very different experience with capital punishment. Also a native of Michigan, Jaeger-Lane went camping with her family at the Missouri River Headwaters Park in Montana 35 years ago. During the night, her 7-year-old daughter, Susie, was kidnapped from her tent. After a long and excruciating process, in which the kidnapper claimed to be interested in a ransom deal, the FBI eventually found and arrested the man responsible for kidnapping and killing Susie. Though Jaeger-Lane said she was initially consumed with rage and the thought of revenge - which any parent would be - she was surprised later to find that she had begun to pray for the killer. [...]
Even though it took 15 months before the killer was caught and arrested, he had actually taken Susie’s life just a week after the kidnapping. Despite this, she requested that the man not be sentenced to death after his conviction. How could a mother not want to see this man dead for committing such a tragic act against her daughter?
“Satisfaction doesn’t come from another’s death,” said Jaeger-Lane. “The death penalty doesn’t heal anyone’s loss.”[...]
Perhaps Jaeger-Lane best summed up the thoughts of the speakers, and the Coalition, with one of her final comments of the night.
“The death penalty did not deter David from taking my daughter’s life.”
Please read complete artice in the Billings Outpost News
In a dual appearance arranged by the Montana Abolition Coalition Tuesday night at the Clocktower Inn, Jaeger-Lane and Keine spoke at length about their experiences involving murder cases and the impact those experiences have had on their views about capital punishment. [...]
Keine was on a road trip with his California motorcycle club in 1974 when, on the way to visit his home state of Michigan, he and three others were convicted of a crime they didn’t commit.[...]With only an inexperienced public defender left to help in the case, Keine and his three friends were convicted of the charges and sentenced to death.
After Keine spent 22 months on death row and came within 10 days of being put to death, the real killer was found. According to a press release from the Montana Abolition Coalition, “In late 1975, a state district judge dismissed the original indictments and the four men were released in 1976 after the murder weapon was traced to a drifter from South Carolina who admitted to the killing. The murder weapon, a 22-caliber pistol, was found only after a search warrant was issued to open the sheriff’s safe.”
Eventually it was discovered that the sheriff hid the gun and the documents of the case, which explained to whom the gun belonged. The police also forced a prostitute from Albuquerque to testify and claim false information against the defendants, according to Keine. [...]
“Two months after we were released,” says Keine, “my friend went up to the mountains in Tennessee, put a shotgun into his mouth, and pulled the trigger. This was because of the brutal time we had as innocent men on death row.”
Keine added, “I had my spine beaten so bad that I couldn’t walk for two weeks, I thought I’d never walk again. I also became 20 percent deaf in my left ear.”
Jaeger-Lane went through a very different experience with capital punishment. Also a native of Michigan, Jaeger-Lane went camping with her family at the Missouri River Headwaters Park in Montana 35 years ago. During the night, her 7-year-old daughter, Susie, was kidnapped from her tent. After a long and excruciating process, in which the kidnapper claimed to be interested in a ransom deal, the FBI eventually found and arrested the man responsible for kidnapping and killing Susie. Though Jaeger-Lane said she was initially consumed with rage and the thought of revenge - which any parent would be - she was surprised later to find that she had begun to pray for the killer. [...]
Even though it took 15 months before the killer was caught and arrested, he had actually taken Susie’s life just a week after the kidnapping. Despite this, she requested that the man not be sentenced to death after his conviction. How could a mother not want to see this man dead for committing such a tragic act against her daughter?
“Satisfaction doesn’t come from another’s death,” said Jaeger-Lane. “The death penalty doesn’t heal anyone’s loss.”[...]
Perhaps Jaeger-Lane best summed up the thoughts of the speakers, and the Coalition, with one of her final comments of the night.
“The death penalty did not deter David from taking my daughter’s life.”
Please read complete artice in the Billings Outpost News
Saturday, July 26, 2008
The answer is love and compassion for all of humanity
The answer is love and compassion for all of humanity. I learned this lesson many years ago when God touched my heart with love and compassion for Paula Cooper. Paula Cooper was on death row at the time for the murder of my grandmother, Nana.When God touched my heart with compassion, forgiveness took place. I learned immediately about the healing power of forgiveness. Healing is what all murder victim family members really need when a loved one has been killed.
Not only did forgiveness take place but I became very much aware that the death penalty was not an appropriate punishment, but in fact itself a crime against humanity. The death penalty not only had nothing to do with the healing that murder victim family members need so desperately. It just continues the cycle of violence and creates more murder victim family members.
There are many problems with the criminal justice system. If they could all be fixed, when I don’t believe they can, the death penalty would still be wrong. When I was in the infantry in Vietnam, our job was to kill or capture the enemy. If a prisoner was taken, we no longer tried to kill them.
I believe it is morally wrong to unnecessarily take another person life. If you can capture a violent offender and put them in prison where they can’t harm anyone else, there is no need to kill them for society to be safe. To take a person out of their cell some ten years or so after the have been arrested and lead them handcuffed to the death chamber and take their life is just not right.
We live in a vengeful society. Revenge is never, ever the answer; the answer is love and compassion for all of humanity. If you have love and compassion for all of humanity then it is impossible to want to see anyone taken to the death chamber and their life taken from them.
If you support the death penalty then you need to rethink your philosophies of life because somewhere in your thought process there is a glaring error. If you don’t have compassion for all of humanity then you are not keeping the great commandment.
Hate the sin but love the sinner. Hate the sin but not the person who committed it. The answer is love and compassion for all of humanity.
Bill Pelke
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