[Deathpenalty] Urgent Action 152/15 - USA: Another Missouri Execution Imminent

[Rick Halperin]

ANOTHER MISSOURI EXECUTION IMMINENT


David Zink, aged 56, is due to be executed on 14 July in Missouri. He was 
sentenced to death in July
2004 for a murder committed three years earlier.

Click here to view the full Urgent Action in Word or PDF format, including case 
information,
addresses and sample messages.

Police went to the scene of a traffic accident near Stafford, Missouri on 12 
July 2001. They found a
car belonging to Amanda Morton. The authorities later discovered that David 
Zink’s pickup truck had
crashed into her car and that both people had left the scene in David Zink’s 
vehicle. Amanda Morton,
19, was reported as missing and a motel owner identified her as the woman who 
had checked into a
room with David Zink. The latter was arrested at his home, confessed to killing 
Amanda Morton, and
led police to her body.

David Zink had a history of psychological problems. A psychologist advised his 
lawyers that they
should meet with him often, be clear and consistent with him, keep him informed 
of the case, and
ensure he felt that he was participating. However, they were not able to follow 
this advice: due to
workload issues, budget cuts and other problems at the public defender’s 
office, six different
lawyers represented him in the period leading up to his trial. The trial was 
postponed several times
and relations between defendant and counsel deteriorated. The psychologist 
concluded that by 2003
the attorney-client conflict was irreparable. The defense did not relay this to 
the judge.

In early 2004, David Zink decided to represent himself. He told the judge that 
his decision was
based on the inadequate representation he was receiving from his lawyers. The 
judge allowed him to
represent himself without any exploration of his assertions about the failings 
of his lawyers and
their communication with him.

Although the jury eventually heard testimony about his psychological problems 
and difficult
childhood, after he allowed his lawyers to represent him at the sentencing 
phase, it did not hear
that he had brain damage which may have been the result of meningeal 
encephalitis he contracted at
the age of three. In June 2015, a neuropsychologist assessed David Zink and 
concluded that he
functioned in the “severely impaired range” in certain aspects of executive 
functioning, and
“exhibits a clear mental defect in his neurocognitive processing”. The 
neuropsychologist said that
he would “suffer his greatest problems with information processing when the 
deficits are exacerbated
by multiple factors simultaneously, such as stress, time pressure, sleep 
deprivation, alcohol use
and/or other substance abuse,” but would continue to function well in prison as 
he has done since
2004. Numerous other inmates are supporting clemency, recounting evidence of 
his remorse,
rehabilitation and positive contributions to life in prison.

ADDITIONAL INFORMATION

Over the past month, some 18 of David Zink’s fellow prisoners (who call him 
“Zink”) have signed
statements in support of clemency. An inmate who is serving a life sentence 
says that “Zink was the
first inmate I had met in 20 years of prison life who helped me. I had been 
getting a lot of bad
advice from gang members… Zink got me out of gang mode and he was able to help 
me understand what I
should be doing… Over the years, Zink has helped me personally and legally. 
Zink taught me to think
before I react… Zink taught me never to give up, to keep going to the law 
library… Zink is a quiet
inmate. He has no problems with the guards. He cleans the hell out of our wing. 
When Zink gets to
cleaning, he really cleans. The guards like that. Zink impacts a lot of guys in 
here. He has been a
real blessing to me and many other inmates”.

Click here to view the full Urgent Action in Word or PDF format.

Name: David Zink (m)
Issues: Death penalty, Imminent execution, Legal concern UA: 152/15 Issue Date: 
8 July 2015
Country: USA

Please let us know if you took action so that we can track our impact!

EITHER send a short email to uan at aiusa.org with “UA 152/15” in the subject 
line, and include in the
body of the email the number of letters and/or emails you sent,

OR fill out this short online form to let us know how you took action.

Thank you for taking action! Please check with the AIUSA Urgent Action Office 
if taking action after
the appeals date. If you receive a response from a government official, please 
forward it to us at
uan at aiusa.org or to the Urgent Action Office address below.

HOW YOU CAN HELP

Please write immediately in English or your own language:
  *  Calling for David Zink’s execution to be stopped and for him to be granted 
clemency;
  *  Expressing concern at the evidence of serious problems in relation to his 
legal representation
     at trial;
  *  Adding that the jury did not hear evidence of the link between his 
childhood illness and brain
     damage;
  *  Noting evidence of David Zink’s rehabilitation and positive contribution in 
prison and to the
     lives of inmates;
  *  Explaining that you are not seeking to downplay the seriousness of the 
crime.

PLEASE SEND APPEALS BEFORE 14 JULY 2015 TO:

Office of Governor Jay Nixon
P.O. Box 720, Jefferson City, MO 65102, USA Fax: 011 1 573 751 1495
Email: via website http://governor.mo.gov/contact/ Salutation: Dear Governor

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