[Deathpenalty] death penalty news----N.Y., VA., FLA., LA., OHIO, KY.
Rick Halperin
rhalperi at smu.edu
Wed Oct 28 08:46:41 CDT 2015
Oct. 28
NEW YORK:
Former death row inmate recalls failed justice and redemption ---- Anthony Ray
Hinton, who was freed in April after serving 30 years on Alabama's death row,
recounts Monday at St. Bonaventure University his incarceration for 2 murders
courts later determined he didn't commit.
For 30 years, Anthony Ray Hinton was a dead man walking.
He stood free Monday evening before a large crowd of St. Bonaventure University
students and staff to recount his tale of racism, failed justice and
redemption.
Convicted of shooting two restaurant managers dead and wounding another in
Alabama in 1985 - wrongly so, as the court ruled decades later - Hinton was
doomed to a 5-foot-by-7-foot death row cell at Jefferson County Jail, just 30
feet from the room housing the electric chair waiting to kill him.
Thanks to the Equal Justice Initiative, Hinton received adequate representation
to which he was previously denied and found ballistics experts who proved his
innocence. He was exonerated in April.
Lead EJI attorney Bryan Stevenson then penned "Just Mercy: A Story of Justice
and Redemption," which St. Bonaventure picked up as this year's All Bonaventure
Reads book, meriting an invitation for Hinton and fellow EJI attorney Charlotte
Morrison to speak.
"I was sent to death row because I was born black and because I was born poor,"
Hinton said. "I didn't ask God to make me black, and I sure didn't ask him to
make me poor."
55 others were executed as Hinton languished on death row. He'll never forget
the smell the next day.
"There is nothing in this world that can prepare you to smell another human
being that had been burned alive the night before," Hinton said.
Hinton had an alibi for the nights of the murders - he was working. But
investigators found a revolver in his mother's bedroom.
"The state of Alabama knew I was innocent, but my life didn't matter," Hinton
said, noting that when he claimed innocence to his arresting officers, they
said, "You'll do."
The prosecutor was infamous for rejecting black jurors from trials involving
other African-Americans, Morrison said.
Hinton had been profiled, she added, fitting a vague description as a black man
who lived with his mother. An all-white jury presumed his guilt from the start
and found a "hack, half-blind" civil engineer who served as the original
ballistics "expert" for Hinton's defense to be a joke, Morrison said.
Appeals followed conviction. One attorney from Boston assured Hinton he could
bump the sentence down to life without parole.
"Life without parole is for guilty men ... and I'm not guilty," Hinton said. "I
needed someone to believe in me. I didn't need life without parole. I needed my
freedom back."
The search for representation continued.
After meeting Stevenson, Equal Justice Initiative's founder who took the case
personally, they began crafting yet another appellate defense. Finding weapons
experts who could prove the bullets didn't match the gun, ironically, was
secondary to finding experts whom southern jurors and judges would simply
respect.
"I need this expert to be white. I need this expert to be from the South. I
need him to believe in the death penalty. But more importantly, I need this
expert to tell the truth once he examines the bullets," Hinton said. "You have
to understand, in the South they do not value what people in the North think or
have to say."
EJI found 2 white, pro-death-penalty ballistics experts from Texas and a third
from Virginia who proved Hinton's innocence in 1999.
"But for 16 years, I lingered on death row for something I didn't do," Hinton
said. "For 16 years, the state of Alabama refused to retest the bullets because
they didn't have to. For 16 years, it was as though my life didn't matter."
His mother died in that time. He wasn't permitted to go to the funeral.
He learned to pass time each day with humor.
With justice finally served this spring, Hinton emerged from Jefferson County
Jail with a gray beard.
"You never realize how much you lose until something is taken from you. While
you take the sun for granted, I didn't see the sun. When you take the rain for
granted, I didn't see the rain," he said. "It was something magical, religious
the day I got out. The sun was shining as though it was only shining on me.
"I went to EJI in Montgomery and it rained. Everybody else was running to get
out of the rain. I was trying to stay in because I hadn't felt rain on my body
for 30 years. ... I've been dead for 30 years."
The effects of being institutionalized remain. He bought a California
king-sized bed, but after decades in a small cell, he still sleeps in the fetal
position.
He forgives.
"I do not forgive them so they can sleep good at night. I forgive them so I can
sleep good at night," he said.
Hinton finds solace in his Bible.
"I remember Jesus' last words on the cross: 'Father, forgive them, for they
know not what they do,'" he said.
He is the 152nd person exonerated from death row since 1983, Morrison said.
The All Bonaventure Reads program is in its 10th year of exposing the entire
campus to literature examining national and world issues.
(source: Olean Times Herald)
VIRGINIA:
Prosecutor who sent D.C. sniper to death row fights for job after 47 years
Prince William County Commonwealth's Attorney Paul B. Ebert has been in office
longer than his opponent in next week's election has been alive.
Over 47 years, Ebert became a courtroom legend, winning over juries in more
than a dozen death penalty cases, including D.C. sniper John Allen Muhammad.
As he seeks an unprecedented 13th term, the 78-year-old Democrat is facing his
1st challenger since the 1980s.
Republican Michael May, 39, says Ebert's time has come and gone in Prince
William County, a sprawling exurb about 35 miles south of Washington whose
population has quadrupled to more than 400,000 since Ebert was first elected.
Ebert says there is no substitute for experience, noting that while May has
served 8 years on the county board of supervisors, he is a civil litigator with
little criminal experience. And at least some longtime prosecutors in Ebert's
office say that if their boss goes, they will probably go too.
May is campaigning energetically across the county, endorsed by powerful
Republicans including former attorney general Ken Cuccinelli. And Ebert is
taking the election seriously. He is asking for donations, knocking on doors
and flooding the streets with signs bearing his name.
"It's time-consuming and in some ways demeaning. I think I've done a good job
and yet here I am," Ebert said in an interview in his courthouse office. "It's
almost like I'm a beggar."
Both candidates were at the Manassas Fall Jubilee on Saturday, though May made
4 other stops as well.
Ebert greeted potential voters wearing an oversized navy jacket and faded brown
belt. He reminded them of some of his more notorious cases, including Muhammad
and the unsuccessful 1994 prosecution of Lorena Bobbitt, the woman who says she
cut off her husband???s penis after enduring years of abuse.
"They call me the sniper and the snipper prosecutor," Ebert told one person.
Ebert first ran for office to gain trial experience for his private law
practice. Prosecution became his passion, though, and he developed a reputation
as an unpretentious lawyer whose soft Southern drawl and shabby attire could
lure opponents into a false sense of security.
"He gives you the down-home, hands in his pocket type of demeanor when he's in
a courtroom," said Bill Stephens, a 75-year-old criminal defense attorney who
worked for Ebert early in his career.
Ebert may be the same country lawyer, but Prince William isn't the same old
country backwater. Minorities became the majority with the 2010 Census. The
grand jury indicts as many as 200 defendants a week; in Ebert's early years, 10
every other month would have been a heavy load.
If elected, May is promising more transparency and outreach. He accuses Ebert
of being out of touch, especially in a era where the treatment of poor people
and minorities by police and in courtrooms is under increasing scrutiny.
"People need to know who's serving them," said May, who introduced himself in
Spanish last weekend to Latino vendors at a yard sale. "People need to
understand what to do if they are victims of crime."
Melissa King, who sold May a "Star Wars" sticker book, came away impressed.
"Not many people like him come to our community," she said. "Times are
changing, and Manassas is changing."
Ebert says he has an open-door policy in his office. But he dismisses questions
about improving relationships between law enforcement and communities of color.
And he pooh-poohs May's proposals to give the prosecutor's office a bigger
social media presence and more town hall meetings, noting that lawyers in the
office are often prohibited from answering questions about ongoing cases.
"I just don't see how anyone cannot have a sense of alarm with what has
transpired nationally and not be concerned about how it could impact their
local jurisdiction," said Marlo Watson, a black resident in Woodbridge who
likes May's plans to hire more minority prosecutors and hold more public
meetings.
Other residents see no reason to toss Ebert out, noting that crime rates remain
relatively low in the county. "I'm happy with the way things are," said Anne
Sawyer, who has lived in Occoquan since 1976. May has also been criticizing the
prosecution of Justin Wolfe in a capital murder-for-hire plot. In the biggest
black eye of Ebert's legacy, federal judges vacated the conviction in 2011,
blasting Ebert and his deputies for withholding key evidence that could have
helped Wolfe's case.
Ebert has said he didn't want lawyers to "fabricate" a defense based on
irrelevant information. He says he has since loosened access to his office's
files.
Prince William prosecutors say Ebert's defeat would be a major disruption to an
office that attracts and retains top talent.
"Frankly, probably a lot of us probably wouldn't be here either," said Rick
Conway, who has worked for Ebert for more than 25 years. "There would be a
total novice coming into one of the largest offices and one of the busiest
offices in the commonwealth of Virginia."
Ebert says his next term will likely be his last. But he has said that before.
After he failed to convict Bobbitt, he told The Washington Post he would retire
when the job became more headache than thrill.
Now, he says retirement options don't seem as exciting as prosecuting cases. He
used to like charter boat fishing, but it no longer holds the same appeal. And
he is not interested in trying to become a judge - that work, he says, seems
too repetitive.
If he wins another term, 3 homicide trials await in January.
(source: Washington Post)
FLORIDA----impending execution
Catholic Bishops Appeal to Governor Scott to Spare the Life of Jerry Correll
The Florida Conference of Catholic Bishops urges Governor Scott to commute the
sentence of Jerry Correll, scheduled for execution on Thursday, October 29,
2015 at 6:00 p.m., to life in prison without the possibility of parole. Mr.
Correll is scheduled to be the 22nd person executed during Governor Scott's
tenure, the most to take place under the watch of any one Florida governor
since the reinstatement of the death penalty in 1976.
A just punishment is deserved for the 1985 murders of Susan Correll, Tuesday
Correll, Mary Lou Hines and Marybeth Jones. However, in echoing Pope Francis'
call for an end to the use of the death penalty in his September 24, 2015
address to a joint session of Congress, we call on Governor Scott and all
leaders to recognize that "a just and necessary punishment must never exclude
the dimension of hope". Spending the remainder of one's life in prison is a
severe punishment, which allows for the prospect of conversion for the sinner
and the opportunity to forgive the aggressors wrong doings.
Through advances in our penal system, the state can keep society safe from an
aggressor and justice can be served without resorting to the deliberate taking
of a person's life. Everyone, even people who have caused great harm, possess a
human dignity that is sacred. State-sanctioned killing is unwarranted, promotes
vengeance rather than justice, and reinforces a growing disrespect for the
sacredness of all human life.
Catholic faithful and members of the community will gather to pray for both
victim and aggressor, and their families, for our society which continues to
impose violence in return for violence, and for an end to the use of the death
penalty.
Tallahassee Citizens Against the Death Penalty will sponsor an interfaith
prayer vigil scheduled for Thursday, October 29 at 6:00 p.m. in front of the
Governor's Mansion in Tallahassee and a service of remembrance in the Capitol
Building Plaza Level Rotunda the day after the execution, Friday, October 30 at
noon.
(source: Florida Conference of Catholic Bishops)
*************
Frasch Murder Trial Pushed Back to 2016
The murder trial of Adam Frasch has been postponed until next year.
A doctor accused of killing his wife - and leaving her dead in the backyard
pool -won't go on trial until next year.
Adam Frasch was set scheduled to go on trial in 3 weeks, but now that's been
delayed and the stakes have changed too.
Adam Frasch is accused of killing his estranged wife and leaving town with the
couple's 2 children.
He told the judge Tuesday that he was willing to give up a 12 person jury if
the state would give up on its plans to pursue the death penalty against him.
"I think it was coming. It was not a death case to begin with," defense
attorney Clyde Taylor said. "We felt very strongly that a 6 person jury in this
case would be just as advantageous to the defense as 12, so it became a no
brainer for us."
Samira Frasch's body was found in the backyard pool of her home in Golden Eagle
back in February 2014.
Deputies contend Adam Frasch killed her. He contends Samira was alive and well
when he left the house that morning.
The clerk had already summoned hundreds of jurors to try get the 12 required to
hear this capital case.
The lead prosecutor says she decided to drop the death penalty in exchange for
a 6 person jury.
"We are planning to do that, partially in exchange for the defendant's waiver
of his right to the 12 person jury," Deputy State Attorney Georgia Cappleman
said, "but also after assessing the strength of our aggravating circumstances
that are statutorily required to seek the death penalty."
A jury was poised to hear the case November 16th but defense attorneys say one
of their expert witnesses who can testify about the cause of death - and the
timing of it - wasn't available.
They told the judge they also need more time to review just-released testimony
from last year's closed door grand jury session.
The judge postponed the trial until 2016.
Frasch's next court date is set for January 12 and attorneys expect to set a
new trial date then.
It will come with a new judge too. Judge Sheffield is retiring at the end of
this year.
Judge Sheffield did leave the door open for the defense to renew its request
for bond. "I know that you had a bond motion in front of me and I did not grant
bond based upon the fact the case was going to trial in 84 days, so you might
want to address that again," he told defense attorneys during today's court
hearing.
Deputy State Attorney Georgia Cappleman says she will fight any attempt to
release Frasch on bond while he's awaiting trial.
(source: WCTV news)
LOUISIANA:
New Orleans's persistent prosecutor problem
The New York Times editorial board sets its sights on the district attorney's
office in New Orleans:
How many constitutional violations will it take before the New Orleans district
attorney's office is held to account for the culture of negligence and outright
dishonesty that has pervaded it for decades?
In dozens of cases over the years, the office - largely under the command of
former District Attorney Harry Connick, Sr. - failed to turn over material to
defense lawyers that would have helped their clients . . .
. . . prosecutors only last month disclosed a 19-year-old memo that undercuts
their case against Robert Jones, who was sentenced to life without parole for a
1992 kidnapping, robbery and rape that he denies committing.
The case depended upon Mr. Jones's connection to another man, Lester Jones, who
was himself convicted of multiple crimes around the same time. Prosecutors at
trial said the 2 men had been accomplices. But an internal memo written in 1996
makes it clear that prosecutors knew before trial that there was no evidence
linking the men.
Despite their awareness of this key flaw, which the police had also alerted
them to, the prosecutors did not reveal it to defense lawyers. Nor did the
D.A.'s office turn over the memo when Robert Jones challenged his conviction a
decade later, and Lester Jones reiterated in court that he did not know Robert
Jones, and had told prosecutors this before trial.
The memo only came to light in late September, when a new prosecutor on the
case found it and turned it over. By then, a state appeals court had already
tossed out Robert Jones's conviction because of other instances in which
prosecutors withheld crucial evidence from the defense, including a statement
from a witness describing someone who did not look like Mr. Jones.
The editorial takes aim at the Supreme Court's decision in the 2011 case
Connick v. Thompson, but also misstates the majority opinion. John Thompson was
wrongly convicted of 2 separate crimes, including a murder that landed him on
death row. He was ultimately released when investigators working for his
attorneys found an old crime lab report that exonerated him. The Times
editorial writes that Justice Clarence Thomas's opinion "threw out Mr.
Thompson's $14 million jury award on the grounds that he had shown a violation
only in his own case, and not a pattern of misconduct, as the justices have
required."
That isn't quite what happened. The most common way to argue that a
municipality should be held liable for the violation of a plaintiff's rights is
to show that the city has demonstrated a pattern and practice of
unconstitutional policies, training and behavior. Given that the courts have
turned over at least 36 convictions for prosecutor misconduct, including the
convictions of 9 death row inmates (four of whom were later exonerated), that
would certainly seem to be the case in Orleans Parish. Indeed, the U.S. Supreme
Court itself had rebuked the office in a 1995 opinion for "blatant and repeated
violations??? of the Brady rule, and a culture that had "descend[ed] to a
gladiatorial level unmitigated by any prosecutorial obligation for the sake of
the truth." Press accounts of the office dating to the 1990s (see a summary of
them in this brief) describe judges in Louisiana growing increasingly
frustrated with the office for failing to turn over exculpatory evidence, on
occasion even ordering prosecutors to take classes to better learn the law.
That would certainly seem like a "pattern and practice" of misconduct. But
Thompson didn't make that argument. The reason: Another wrongly convicted man,
Shareef Cousin, had previously made it in 2003. Incredibly, Cousin lost at the
U.S. Court of Appeals for the Fifth Circuit. If you want to see just how absurd
the protections for prosecutors have become, take a few minutes to read that
opinion. In one passage, Cousin alleges that Connick's office actually had his
alibi witness arrested and detained on trumped-up charges, solely to prevent
him from testifying for Cousin - an egregious and outrageous violation of both
the witness' rights and Cousin's. The Fifth Circuit ruled that even if the
allegation was true, the prosecutor responsible would still be protected by
absolute immunity.
John Thompson filed his own lawsuit in 2005. It didn't make much sense to try
to make an argument the federal appeals court had just rejected just 2 years
earlier. With the "pattern and practice" argument taken from him, and because
the prosecutors who withheld the evidence in his case were personally protected
by absolute immunity, Thompson's only hope was another Supreme Court decision
involving a police shooting which held that, on rare occasions, a single
incident can be such an egregious violation of a defendant's civil rights that
it could only have been the result of official indifference to the
Constitution. That's the argument Thomas was considering, and that he
ultimately rejected in Thompson's case. I still don't think it was the correct
ruling. What happened to Thompson was really damned egregious. And the evidence
that was withheld in his case was the product of a culture of indifference to
ethical and constitutional obligations. The Supreme Court didn't agree.
The particularly frustrating part about Thomas's opinion is its complete
disregard for the context in which Thompson filed his suit. Thomas notes that
Thompson didn't make the "pattern and practice" argument, so the court couldn't
rule on it. But he neglects to mention the Fifth Circuit decision that
essentially made that argument impractical. Given that the wrongly convicted in
New Orleans had been denied the ability to sue individual prosecutors (due to
absolute immunity) and the government that employs them, Thomas argues that
sanctions from the state bar are sufficient to deter prosecutors from
committing misconduct.
But that clearly wasn't the case in Connick's office. And as I reported in a
2013 investigation for the Huffington Post, it also hasn't been the case since.
After the Supreme Court's ruling in Thompson, defense attorneys in Louisiana
filed a series of ethics complaints with the Office of Disciplinary Counsel,
which handles such complaints for the Louisiana Bar. It took more than 2 years
for them to even get notice of receipt for those complaints. They finally
received notice of receipt shortly after my article ran, but at least as of
April, the office still hadn't acted on the complaints.
All of this means that not only do the wrongly convicted in Louisiana not get a
day in court against the people whose mistakes put them in prison, but there's
also no accountability for those mistakes at all. The prosecutor's job is
loaded with incentives to seek convictions at any cost and void of any sanction
for going too far. It should be of no surprise, then, that Louisiana DA's
offices have long been ruled with a bloodthirsty, tunnel-visioned culture of
conviction - where prosecutors hang nooses on their walls, decorate their desks
with miniature electric chairs (complete with photos of the men they've
personally sent to death row) and give one another plaques engraved with
hypodermic needles upon winning death sentences.
The current DA in New Orleans, Leon Cannizzaro, is no exception. As the Times
editorial points out, Cannizzaro is still planning to re-try Robert Jones.
Cannizzaro himself has a troubled history since taking over the office in 2009.
In one case, Cannizzaro personally called an attorney in Lafayette Parish to
ask for leniency in an armed robbery case because the defendant was a witness
in a case in Orleans Parish. None of this was revealed to the New Orleans
defendant's attorneys. That case was the basis of one series of those ethics
complaints filed against Louisiana prosecutors shortly after the Supreme Court
decision in Thompson. The other case that produced ethics complaints against
Cannizzaro and his office was the conviction of Michael Anderson. From my 2013
report:
Anderson was convicted in 2009 of gunning down 5 men in an S.U.V. in the New
Orleans neighborhood of Central City 3 years earlier. He was sentenced to
death. It was the 1st capital case won by Cannizzaro, who at the time was new
to his job as district attorney.
Anderson was awarded a new trial in 2010 when a judge found that prosecutors
had failed to turn over exculpatory evidence. That evidence included a recorded
interview in which the state's main eyewitness made statements that undermined
both her story and her credibility, and a deal the state had cut with a
jailhouse informant who claimed Anderson had confessed to him. The informant,
Ronnie Morgan, was facing his own charges for several armed robberies.
Prosecutors let him testify in Anderson's trial that he was getting no favors
for his testimony, even though he was later allowed to plead to charges in what
another judge would call "the deal of the century."
The main prosecutor in that case, John Alford, was later suspended, but not
because he withheld evidence in a murder case. He was suspended after he was
arrested in Wyoming for drunkenly stealing a taxi cab and driving it from a bar
to the hotel where he was staying. He was eventually rehired by Cannizzaro,
then took a job in St. Tammany Parish, where he recently won the "St. Slammany
Award" for his skill at sending nonviolent offenders to prison.
Cannizzaro has tried to position himself as a reformer, but those gestures keep
bumping up against actions that suggest the Connick culture is still alive and
well. Like many DAs, Cannizzaro has set up a "conviction integrity unit,"
ostensibly to look for previous wrongful convictions. But he has done that even
as his office continues to fight for convictions thrown out by appeals courts,
often due to prosecutor misconduct. In fact, his office is still actively
covering for misconduct from the Connick era. In March, Cannizzaro's office
indicted a defense investigator for allegedly impersonating a law enforcement
official shortly after she exposed another instance in which one of
Cannizzaro's prosecutors failed to disclose exculpatory evidence.
Back in 2011, Cannizzaro was asked by a local reporter why his prosecutors
failed to turn over exculpatory evidence in yet another murder case - in this
case, another deal the state had made with an important witness. He replied
that the defendant had never asked for it, and added, "If he doesn't, we're not
obligated to give it to him." That's a complete and utter misunderstanding of a
prosecutor's obligation under Brady. But it's pretty consistent with the
approach taken by Cannizzaro's predecessors.
All of which is to say that for all the revelations to come out about the
Connick era, very little has changed in Louisiana. Clarence Thomas was fine
with shielding Orleans Parish and its prosecutors from liability because of the
state bar's ability to sanction wayward prosecutors. He couldn't have been more
wrong. Unfortunately, the Supreme Court doesn't generally revisit cases when it
gets its facts wrong.
The Times-Picayune recently reported that billionaire activist George Soros is
spending $256,000 on a DA's race in Caddo Parish, Louisiana. Soros is hoping to
change the leadership in a parish that has recently led the country in death
penalty cases. In Louisiana, it seems clear that the courts and the bar have
little interested in disciplining misbehaving prosecutors. The fact that
Connick continued to get reelected for decades, and that Cannizzaro coasts
along with fawning press profiles and high approval ratings, suggests that
trying to hold them accountable at the polls may prove difficult, too.
But at this point, it's really the only option left.
(source: Radley Balko blogs about criminal justice, the drug war and civil
liberties for The Washington Post)
OHIO:
Ohio court upholds condemned killer's new death sentence
The Ohio Supreme Court has upheld the death sentence of a man convicted of
killing a youth counselor following a retrial and resentencing.
The court's 6-1 ruling on Tuesday said defendant Jason Dean showed little
remorse and that the circumstances of the slaying during a robbery outweighed
any evidence Dean presented in his favor.
The 40-year-old Dean was convicted in 2006 of killing youth counselor Titus
Arnold during a 4-day shooting spree in Springfield.
5 years ago, the state Supreme Court ordered a new trial for Dean even as the
justices acknowledged substantial evidence of his guilt. That unanimous ruling
said a Clark County judge was so biased against Dean's attorneys that he
tainted the entire trial.
Dean was re-tried in 2011 and sentenced to death again.
(source: Associated Press)
KENTUCKY:
TMC hosts Sister Helen Prejean
Thomas More College, in conjunction with the Diocese of Covington and Kentucky
Coalition to Abolish the Death Penalty, welcomes Sister Helen Prejean, author
of Dead Man Walking: An Eyewitness Account of the Death Penalty in the United
States and The Death of Innocents: An Eyewitness Account of Wrongful
Executions.
She will visit the Thomas More campus 7 p.m. Monday, Nov. 9.
Prejean's 1st book was adapted into the critically acclaimed movie Dead Man
Walking. She has spent the past three decades educating citizens about the
death penalty and counseling individual death row prisoners, and has
accompanied 6 men to their deaths. Earlier this year, she testified in the
trial of convicted Boston marathon bomber Dzhokhar Tsarnaev. Prejean is working
on another book, River of Fire: My Spiritual Journey.
Prejean's lecture will be at the Mary, Seat of Wisdom Chapel. Reception and
book signing will be in Steigerwald Hall in the Saints Center on Thomas More
College's Campus at 333 Thomas More Parkway, Crestview Hills.
This event is free and open to the public.
(source: cincinnati.com)
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