[Deathpenalty] death penalty news-----USA---NCADP September Execution Alert

[Rick Halperin]

  National Coalition to Abolish the Death Penalty


  September 7, 2005


Two People with Credible Claims of Innocence Scheduled for Execution in
September

Newton May Become the First African American Woman Texas Has Put to Death
Since Resuming the Use of Capital Punishment in 1982

There remain resounding questions of whether Frances Newton is guilty and
whether she received a fair trial. Newton has a strong innocence claim,
her trial counsel was egregiously incompetent, and her conviction rested
in large part on the results of ballistics testing conducted by the
now-discredited Houston Police Department's crime lab.

First, Newton was convicted of killing her seven-year old son Alton
Newton although he was not covered by a life insurance policy. The state
was not able to provide a viable motive for his death. Second, the
Houston Police Department's crime lab, which conducted ballistics testing
on the weapon the state believes was used in the murder, is now widely
regarded as extraordinarily unreliable. Third, the state presented
conflicting evidence regarding the timing of the murders and the
likelihood Newton was home at the time they took place. Based on what the
state presented, it is highly possible that another individual could have
been at the residence at the time of the shooting. Fourth, the state has
not investigated the possibility that another suspect or suspects may
have been involved in the murders. Fifth, the only other physical
evidence in the case was the presence of nitrates found on the lower part
of the dress Newton was wearing. However, while the state argued that the
presence of nitrates indicated gun powder residue, other possible sources
include fertilizer and cosmetics. The state's case against Ms. Newton is
extremely weak.

Act now by contacting Texas Governor Perry and the Board of Pardons and
Paroles and asking that Newton's execution be halted!

Read More and Take Action at
http://www.demaction.org/dia/organizations/ncadp/campaign.jsp?
       campaign_KEY=1132





------------------------------------------------------------------

As Spirko's Execution Date Approaches, the Case Against Him is Getting
Increasingly Muddy

The case presented against John Spirko was fraught with evidence of
prosecutorial misconduct. During his trial, prosecutors withheld evidence
that would have placed Mr. Spirko's so-called accomplice in North
Carolina rather than Ohio hours before the crime.  Although the
prosecution rested its case heavily on eyewitness testimony that placed
the accomplice near the scene of the crime, the state of Ohio decided to
press charges only against Mr. Spirko, arguing that too much time had
passed to bring charges against the "accomplice."

Not withstanding the fact that eyewitness testimony is essentially
unreliable, there was no forensic evidence linking Mr. Spirko to the
crime, nor does a written or recorded confession or his guilt exist.
There are simply too many questions of John Spirko's innocence to be
certain of his guilt.


Act now by contacting Governor Taft and asking that Spirko's execution be
halted!

Read More and Take Action at
http://www.demaction.org/dia/organizations/ncadp/
      campaign.jsp?campaign_KEY=1133

------------------------------------------------------------------



  See and act on all current Execution Alerts at

   http://www.ncadp.org/execution_alerts.html

  September 14: Frances Newton, TX
   http://www.demaction.org/dia/organizations/ncadp/
        campaign.jsp?campaign_KEY=1132

  September 20: John Spirko, OH
  http://www.demaction.org/dia/organizations/ncadp/
       campaign.jsp?campaign_KEY=1133

  September 22: Michael Lynn Riley, TX
  http://www.demaction.org/dia/organizations/ncadp/
       campaign.jsp?campaign_KEY=1137

  September 22: John W. Peoples Jr., AL
  http://www.demaction.org/dia/organizations/ncadp/
         campaign.jsp?campaign_KEY=1148

 September 27: Herman Ashworth, OH
    http://www.demaction.org/dia/organizations/ncadp/
         campaign.jsp?campaign_KEY=1150



  September 28: Alan Lehman Matheney, IN
  http://www.demaction.org/dia/organizations/ncadp/
        campaign.jsp?campaign_KEY=1156