[Deathpenalty] death penalty news----FLA., ALA., LA., KY., NEB., WYO., IDAHO, USA
Rick Halperin
rhalperi at smu.edu
Mon Jan 28 09:06:55 CST 2019
January 28
FLORIDA:
New conservative makeup of Florida Supreme Court is the start of DeSantis’
legacy
On the eve of the gubernatorial inauguration in early January, Florida’s new
lieutenant governor told a ballroom of supporters what she believed to be the
most lasting legacy for the incoming governor, Ron DeSantis.
It wasn’t the environment or expanding school choice. Rather, the chance to
remake the Florida Supreme Court that “will single-handedly be the most
important thing for the future of this state that we’ve ever seen,” Lt. Gov.
Jeanette Nuñez said.
With three appointments since DeSantis took office, Florida’s Supreme Court no
longer has any justices appointed by Democratic governors. Some say it’s now
the most conservative in the country.
Whether the high court will remain a check on lawmakers remains to be seen. But
Nuñez, at least, expects the justices to finally fall in line with Republican
orthodoxy.
“For far too long, those of us who have served in the Legislature have battled
with the Supreme Court on many issues,” Nuñez, a former state representative,
said. “We are confident that the governor’s appointees are going to do what
they are intended to do.”
For an indication of what that means on specific issues, here’s a look at some
of the biggest recent clashes:
Terri Schiavo (2004) A national debate about Terri Schiavo, a severely
brain-damaged woman whose family was at odds over whether she should be kept
alive, led to years of litigation and action by Republican lawmakers.
Her husband said she never wanted to be kept alive artificially. Her family
disagreed, and Republican Gov. Jeb Bush and his allies in the Legislature were
on their side.
As lower courts continued to side with Schiavo’s husband, legislators had had
enough. To get around the court decisions, lawmakers passed “Terri’s Law” in an
emergency session in 2003, allowing Bush to intervene.
Bush quickly signed it and ordered state police to ensure Schiavo’s feeding
tube was reinserted. But the state Supreme Court unanimously struck it down in
2004, finding it violated the separation of powers between the legislative and
judicial branches of government.
“It is a strong rebuke to politicians who attempt to negate court decisions —
especially those involving extremely difficult life and death issues — simply
because they disagree with the outcome,” Randall Marshall, then the legal
director for the American Civil Liberties Union of Florida, said after the
decision.
Schiavo died in 2005 after having her feeding tube removed.
Redistricting (2012-15)
When voters passed the Fair Districts constitutional amendment in 2010, they
intended to prevent politicians from gerrymandering the state’s various
districts.
Yet the high court, which was responsible for approving the maps, repeatedly
rejected the state Senate and congressional maps drawn by the Legislature
because they didn’t comply.
Altogether, the debate over redistricting would lead to four trials, three
special sessions and eight rulings from the Florida Supreme Court, costing
taxpayers more than $11 million.
“The court, which is tremendously biased, took this biased and spiteful
approach during the process,’‘ the current House speaker, Jose Oliva, R-Miami
Lakes, said in 2017. “They overstepped their bounds.”
Private school vouchers (2006)
Republicans have repeatedly tried to expand the school voucher system, and
while they’ve been successful, the Supreme Court has stopped attempts to allow
vouchers to be used in private schools.
But with a totally revamped court, the court might get a chance to revisit the
idea. Gov. DeSantis has already said that it’s time for the new court justices
to revisit private school vouchers.
Capital punishment (2016)
After the U.S. Supreme Court ruled Florida’s death penalty law unconstitutional
in 2016, lawmakers and then-Gov. Rick Scott went back to the drawing board.
The result was a law that allowed 10 of 12 members of a jury to impose a death
sentence. But in a 5-2 ruling, Florida’s high court found the new law
unconstitutional as well.
On top of that, the court said that death sentences must be handed down by all
jurors on a case.
Then-House Speaker Richard Corcoran, R-Land O’Lakes, called the decision
further evidence of its “ongoing effort to subvert the will of the people as
expressed by their elected representatives.”
Ballot initiatives (many years)
Then, there are the various ballot initiatives that the court has to decide on
each year. Those decisions have frequently earned the ire of Republicans.
In 2010, for example, after the court blocked 3 initiatives passed by the
Legislature, then-House Speaker Dean Cannon lashed out, saying the court didn’t
have the authority.
Last year, the court blocked an initiative by the Constitution Revision
Commission that would have given control of charter schools to the state,
saying the ballot language was misleading. The sponsor, Erika Donalds, blasted
the decision by “activist judges.”
(source: miamiherald.com)
ALABAMA:
Man’s death penalty trial to begin in 2013 Huntsville slayings of wife, son
The death penalty trial of Stephen Marc Stone, a man accused of killing his
wife and young son nearly six years ago, is scheduled to begin Monday in
Madison County.
Stone is charged with 2 counts of capital murder in the February 2013 deaths of
32-year-old Krista Stone and 7-year-old Zachary Stone at their south Huntsville
home.
He’s pursuing an insanity defense.
Jury selection is set to begin around 9 a.m. Monday. Lawyers say it could take
a few days before the jury is seated and testimony begins.
Questions about Stone’s mental capacity have delayed the trial in the past.
Madison County Circuit Judge Donna Pate in 2017 ruled Stone was not competent
to stand trial and ordered he be treated at the Alabama Department of Mental
Health. A new trial date was set after Stone was released from mental health
treatment.
Before the trial begins Monday, Pate still has to rule on a defense motion to
bar Stone’s police interview from being used as evidence. In the interview,
police have said, Stone confessed to both killings. In their motion, defense
attorneys Brian Clark and Larry Marsili argue that Stone didn’t understand his
Miranda Rights, meaning his statements were made involuntarily.
“The defendant’s purported confession and/or statements are inadmissible
because they were involuntarily made,” the defense attorneys said in court
records. They are also asking the judge to toss any evidence that police found
as a result of or after the “illegal interrogation.”
“All searches and seizures that followed … the illegal interrogation are fruit
of the poisonous tree,” Clark and Marsili wrote.
Madison County District Attorney Rob Broussard and Chief Trial Attorney Tim
Gann are prosecuting the case. If Stone is convicted, prosecutors will ask the
jury to recommend the death penalty. The defense has filed several motions to
bar the death penalty. The judge said she will rule on those motions if Stone
is convicted.
The potential witness list includes several Huntsville police officers, medical
experts and others.
Authorities say after the killings, Stone took his 2 young daughters to his
parents’ home in Leeds. Stone turned himself in for the killings at the police
station in Leeds, previous court testimony revealed. Leeds police contacted
Huntsville authorities, who went to the Stone home at 11313 Chicamauga Trail
S.E. and found both bodies on Feb. 24, 2013. Court records say Krista and
Zachary Stone were both choked, and the boy was also drowned.
Stone is charged with 1 count of capital murder that accuses him of killing 2
or more people and a 2nd count of capital murder alleges he killed a person
younger than 14.
Stone doesn’t have a criminal history, according to police. He and Krista
worked at Crestwood Hospital.
(source: al.com)
LOUISIANA:
Death penalty repeal gaining momentum — but needs your support
Louisiana has a broken death-penalty system. It’s arbitrary, vengeful and
inordinately expensive in a state with dire fiscal needs. It embodies a sordid
history of racism and is shamed by one of the highest rates of reversal and
exoneration in the country.
I am excited that a local organization, LA REPEAL, a project of the Promise of
Justice Initiative, is bringing together a strong coalition of churches, other
faith communities, and civil rights advocates to repeal capital punishment in
Louisiana. They hope to end the legal “relic” of taking a life in order,
typically, to avenge the crime of taking a life.
LA REPEAL puts it this way: “Repealing Louisiana’s death penalty will prevent a
flawed system from making irreversible mistakes, and will free up immense
resources that can be redirected to violent crime prevention strategies.”
As a longtime opponent of the death penalty, I believe LA REPEAL represents the
best prospect for abolishing the death penalty that I have seen. I hope readers
of the Lens will swing into full support for this reform even before the bill
comes up in the state legislature, as promised, later this year.
Suddenly he was gone. My friend had had enough of Death Row. He hanged himself.
That means writing, emailing or calling our state representatives. You will be
in good company! Sister Helen Prejean, author of the culture-changing book,
“Dead Man Walking,” later made into a movie, is part of the LA REPEAL
Leadership Council. So is Bill Quigley, one of the strongest civil rights
lawyers in the nation. So is Episcopal Bishop Joe Doss, a decades-long activist
against the death penalty. And so is Calvin Duncan, who spent nearly 30 years
as an inmate at Angola for a crime that he did not commit.
My deep opposition to the death penalty was buttressed recently by a tragedy.
Most every month for four years I had been driving to Angola to visit an inmate
awaiting execution. Suddenly he was gone. My friend had had enough of Death
Row. He hanged himself.
I had chosen not to ask what Tyrone, as I’ll call him, had done to get himself
convicted of a capital crime. I was not there as a judge. I was there to offer
what help I could as he sought spiritual rehabilitation. What was obvious to me
and to Tyrone’s family and friends was how much his life had changed.
Scriptural study and the passage of time had opened his heart. Sullenness and
fear had given way to repentance. But the isolation and hopelessness of life on
the Row had thrown him into despair.
At his home-going (funeral) in a small Central Louisiana town, friends and
family members spoke of their love for Tyrone and how he sought their
forgiveness for his crime. I was able to testify to how much my monthly visits
had meant to me and, I hoped, to Tyrone as well. I may be a clergyman, but I
think I learned as much from Tyrone as he learned from me. On occasion, I have
quoted him in my sermons—protecting his identity, of course.
I learned from Tyrone just how much any of us can change. The lesson was
reinforced during my many years serving as a volunteer at Angola in the Kairos
Prison Ministry International. When volunteers take part in the Kairos
three-plus days in-prison retreats, they do their best to carry out the Kairos
mantra—“Listen, listen, love, love”—as they relate to the inmates (“residents,”
as some prefer to be called). Those who have done the worst can and do change.
Many take responsibility for their crimes and seek ways to ask forgiveness from
those they have deeply hurt.
That life-altering power to change is my first reason for opposing the death
penalty.
My second reason: Those on death row at Angola are doomed to life-long solitary
confinement. They are let out of their small cells only to enter a larger cage
for 1 or 2 hours a day. As a result of this treatment, many of the men go
crazy, become impossibly hostile, or curl-up-in-a-corner, defeated, bored,
beyond reach of rehabilitation. Imagine how many more stories of redemption
there might be if instead we treated those on Death Row humanely.
Imagine how much better off we’d be if the money wasted on the death penalty
were spent instead on preventing crime more effectively and rehabilitating
prisoners and their victims.
Third, the cost of condemning inmates to death row is, as LA REPEAL attests,
immense. One recent Louisiana case involving 5 co-defendants cost $15 million,
and yielded only 2 death sentences, both of which are under appeal. LA REPEAL
calculates that over the past 10 years, the death penalty in Louisiana has cost
taxpayers $155 million. At this writing, tax payers are footing the bill for 67
men on death row at Angola, 73 % of whom are African American or Hispanic. The
1 woman on death row in the Louisiana Correctional Institute at St. Gabriel is
black.
If these same brothers and sisters were in one of the other Angola prison
camps, they would have an opportunity to work, “earning their keep” or at least
paying for some of it. In solitary, they do nothing and earn nothing. Imagine
how much better off we’d be if the money wasted on the death penalty were spent
instead on preventing crime more effectively and rehabilitating prisoners and
their victims.
My 4th reason for opposing the death penalty: Every day of their lives, those
on the Row face sudden notification that their execution date has been set. It
is hard enough to face death from an illness, but think about what happens to
those scheduled to be killed by the state. There is no one in the last weeks or
months to hold your hand, to thank you for what you have tried to give them, to
pray with you. Special family members can be with you on that last day, but it
is always a day of “fear and trembling” as you become the dead man walking. The
possibility that the “execution date” could be set any day terrified Tyrone
and, I believe, contributed to his hanging himself.
My 5th reason for opposing the death penalty is that it does not serve as a
deterrent. Despite myths to the contrary, it does not stop others from taking a
life. The National Institute of Justice, the research arm of the federal
Department of Justice, confirms this. (See also “Deterrence and the Death
Penalty,” edited by Daniel S. Nagin and John V. Pepper.) The National Institute
of Justice study is backed by a poll of nationwide police chiefs on ways to
reduce violent crime; they ranked the death penalty last— the least effective
approach.
Common sense leads to the same obvious conclusion. Who among those planning a
murder will hold back, thinking that if they are caught, it would be much
better to spend their days locked up for life than to be executed?
Finally, I am opposed to the death penalty because I care about victims’
families. I think it is absolutely necessary to support the families of crime
victims as much as we are able. I learned this long ago as a member of the
clergy at Trinity Episcopal in New Orleans. The teenage son of one of our
active church members had been murdered. Horrified as we all were by the death
of that young man, I nonetheless spoke out against the death penalty. The young
man’s loving father was furious with me. I had neglected him and his family
members, he charged, adding that I only wanted to be politically correct. He
was right about the neglect but not about the reasons for my opposition to the
death penalty.
>From then on, I promised the father and myself that any time I spoke out
against the death penalty, I would also speak up for, and support as I could,
the families of the victims. As many discover — whether or not they want a
defendant sentenced to death — the protracted death penalty process only adds
to their suffering.
The automatic appeals, the inevitable delays and the years of uncertainty are a
sentence the victims’ families must also endure! What’s more, with the
publicity surrounding death penalty cases, the renewed attention that comes
with every appeal or ruling in the judicial process rips open wounds. The
victims’ families struggle to heal when they are ensnared in a seemingly
never-ending legal process.
LA REPEAL acknowledges the Catholic Church as a leader in the effort to end the
death penalty. Pope Francis has often called on people of faith to work for an
end to the death penalty. Here is one of his statements:
Nowadays the death penalty is inadmissible, no matter how serious the crime
committed. It is an offense against the individuality of life and the dignity
of the human person, which contradicts God’s plans for man and society and his
merciful justice, and impedes the penalty from fulfilling any just objective.
It does not render justice in the victims, but rather vengeance.
One does not have to be a Catholic or even a person of faith to embrace what
the Pope is preaching. As we strive to change our laws, thank you, Pope
Francis, for your insights and the strength of your determination to end this
barbaric practice.
LA REPEAL is working with numerous groups and individuals to lobby every
Louisiana legislator, to write op-eds for various newspapers, to circulate
petitions, and to hold interfaith meetings. Visit the LA REPEAL website to keep
up with this work and, in particular, to find out when the anti-death penalty
bill will be brought up in committee.
William Barnwell
The Rev. Barnwell
I believe that together, we can work to end Louisiana’s broken and outdated
death penalty.
William Barnwell’s recent book, “Angels in the Wilderness,” was named Book of
the Year in the Indie Book Awards inspirational non-fiction category. He tells
more about his ministry to Angola inmates, including his friend who committed
suicide, in a previous book: “Called to Heal the Brokenhearted: Stories from
Kairos Prison Ministry International.”
The opinion section is a community forum.
(source: thelensnola.org)
KENTUCKY:
KY Students Hear Conservative Case Against Death Penalty
Conservatives historically are pegged as champions of the death penalty, but
some say there's growing momentum to change that narrative.
Hannah Cox, national manager of the group Conservatives Concerned About the
Death Penalty, will make the conservative case against capital punishment
Monday night at a public forum at Campbellsville University.
As a former death penalty supporter, Cox says she now recognizes that the
practice doesn't align with the traditional conservative principles of limited
government and fiscal responsibility.
"We know that the government does not operate correctly,” she asserts. “We know
there's corruption. We know that they're definitely not using our resources
correctly.
“Why would I ever think this government could competently handle matters of
life and death? Of course they can't! So, it's kind of a natural eye opening
moment for a lot of people on the right."
Cox adds not only does capital punishment cost more than a life sentence, a
wrongful execution cannot be reversed.
And in order to truly uphold conservative beliefs about the sanctity of human
life, Cox argues that view should be consistent from birth through death,
regardless of a person's mistakes.
A Kentuckian is among 164 people on death rows who've been exonerated. And
while DNA is a beneficial tool, Cox notes it's only available in fewer than 10
% of criminal cases.
Cox says she expects more conservatives to change their stance on the issue.
"There's a bit of a zeitgeist moment happening right now, where people are
really paying attention to the criminal justice system,” she states. “There's a
lot of 'true crime' out there. There's a lot of big things happening, both
nationally and at the state level, to reform. People are becoming more educated
about the realities of our system and how it actually operates."
John Chowning, executive assistant to the president of Campbellsville
University for government, community and constituent relations, says Cox's
visit is part of a Quality Enhancement Plan focused on ethics. He says she'll
also be speaking with individual classes.
"The death penalty, both pro and con, comes up in various classes from various
points of discussion from political science, to theology to social work,” he
states. “It is an emotional issue that is debated, and we felt like it was
appropriate for our students to be presented that case."
The event at the Badgett Academic Support Center Banquet Hall begins at 6 p.m.
(source: Mary Kuhlman, Public News Service - KY)
NEBRASKA:
Nebraska Supreme Court dismisses suit from death-row inmates
The Nebraska Supreme Court dismissed a lawsuit Friday filed by 8 death-row
inmates who argued that their sentences were invalidated by the Legislature’s
repeal of capital punishment in 2015, before voters overturned the ban.
Justices denied the inmates’ request for a declaration that their sentences
were no longer valid, upholding a decision issued by a district court judge.
But the state’s highest court left open the possibility that the inmates could
raise similar arguments when challenging their convictions individually.
“We conclude that the inmates have equally serviceable remedies and accordingly
affirm the district court’s dismissal” of the case, Chief Justice Michael
Heavican wrote in the opinion.
The inmates argued that the Legislature’s 2015 vote to override Republican Gov.
Pete Ricketts’ veto and abolish the death penalty effectively reduced their
sentences to life in prison. A petition drive led by death penalty supporters
suspended the repeal law before it could go into effect and placed the issue
before voters, who reinstated capital punishment in the 2016 general election.
The lawsuit also contended that the petition drive was invalid because Ricketts
helped finance it, which the inmates said violated constitutional separation of
powers. It further claimed that Ricketts should have been listed as an official
sponsor of the petition because of his contributions and close ties to
activists who spearheaded the petition drive.
The court rejected those arguments.
(source: trib.com)
WYOMING:
Editorial board: Death penalty is extremely costly to state, doesn't deter
crime
For several years, some Wyoming lawmakers have attempted to pass legislation
that would repeal the state’s death penalty. Each time, the legislation has
failed. This year, however, with the help of some significant – and bipartisan
– support, the bill stands a better chance than earlier attempts.
There are several moral arguments both in favor of and opposed to repealing the
death sentence. People look at this issue with an emotional lens, because the
sentence is reserved for especially heinous crimes. But at the heart of this
legislative effort is an argument based on practical issues.
The death penalty is hugely expensive (Wyoming will spend approximately
$750,000 in 2020 on the capital defense fund), there’s no evidence that it
works to deter crime and Wyoming has only executed one person in the last 40
years.
The primary issue is the complexity of the death penalty – it’s significantly
more difficult to try someone under the death penalty, and once someone is
sentenced to death, it can take decades to carry out a sentence. Meanwhile,
taxpayers are on the hook for the enormous cost required to pursue a death
penalty conviction and fight the many appeals that follow.
The legal road to a death penalty conviction is long and complex. And even once
a death penalty sentence is secured, there’s no guarantee that the sentence
will stick. Dale Wayne Eaton, for example, spent years on death row in Wyoming
for a crime he committed in 1988. And after 10 years, his death penalty
conviction was overturned.
A primary reason why lawmakers have been reticent to repeal the death penalty
in the past, despite its cost, has been the belief that having a death penalty
deters people from committing 1st-degree murder. And if that was the case, the
cost might be justifiable. However, there is no evidence to support the idea
that the death penalty prevents crime.
The solution to this issue may appear to be in simplifying the trial and
appeals process. If we could streamline the process and more efficiently
sentence murderers to death and then execute them swiftly, the costs to the
state would be reduced and more violent and dangerous criminals would be put to
death. But this idea is contingent on a justice system that is infallible. And
it would likely only come at the cost of essential constitutional rights that
we are all guaranteed. So either we all trust, implicitly, that our court
system will only sentence and execute guilty people – or we risk giving a
fallible bureaucratic system a fast-track option for sentencing people to
death.
That then leaves us with 3 options: 1) Streamline the system at the cost of our
constitutional rights 2) Accept the exorbitant cost of retaining the system
that is rarely used and has no other evident positive impacts; or 3) Repeal the
death penalty and save the state hundreds of thousands of dollars annually.
Crimes otherwise eligible for the death penalty would still be treated with the
same gravity and punished accordingly — life without the possibility of parole.
Ultimately, whether or not you support or oppose the death penalty on the
grounds of your moral convictions, it is clear the status quo is not working to
the benefit of Wyomingites, either in keeping us safer from dangerous people or
in preventing the waste of our tax dollars. It’s appropriate to look for a
better way to dispense justice, because the death penalty as it stands today
does not accomplish its intended goal.
(source: Editorial Board Casper Star-Reibune)
IDAHO:
IDOC lethal injection trial to begin Monday
On Monday, the ACLU of Idaho will be going to trial against the Idaho
Department of Correction, regarding lack of government transparency over
Idaho's lethal injection drugs and sources.
The trial, called "Cover vs. Idaho Board of Correction" stemmed from a public
records request from Death penalty scholar and law professor Aliza Cover for
the source of Idaho's lethal injection chemicals. The trial is expected to
continue through Wednesday at the Ada County Courthouse.
During the trial, the court will hear evidence to decide whether Idaho can keep
its drug suppliers secret and refuse to disclose public records about them.
(source: KIVI TV news)
USA----film review
'Clemency': Film Review | Sundance 2019
Alfre Woodard plays a prison warden internalizing the psychological and
emotional weight of her responsibility over state executions in writer-director
Chinonye Chukwu's death-row drama.
Probing close-ups of Alfre Woodard open and close Clemency, the admirable
restraint and extraordinary stillness of her deeply felt performance resonating
even in scenes when her character, prison warden Bernadine Williams, is
offscreen. She is the burdened conscience of writer-director Chinonye Chukwu's
powerful drama, but it's the humanity and compassion invested across all the
principal characters that makes this contemplative examination of the terrible
weight of taking a life so commanding. Elegantly shot in widescreen
compositions loaded with meaning, the film is a tad drawn out, but it's never
less than engrossing and often acutely affecting.
Starting with a sober yet emotional pre-titles sequence showing a botched state
execution in agonizing detail, this is a tough watch, and its core audience is
likely to be people already ethically opposed to the death penalty. However,
Chukwu, the founder of a filmmaking collective dedicated to teaching and
empowering incarcerated women, who worked as a volunteer on a number of
clemency appeal cases, states her position with articulate economy and without
preachiness. Even some who are pro-capital punishment might find this
persuasive food for thought.
The hook for any distributor taking on such challenging material will be the
towering performance of Woodard, which ranks among the best of this fine
actor's career. Everything we need to know is written across Bernadine's eyes
as she sits with dignified composure waiting for the final word from the
Governor's office on a prisoner's fate; as she walks the corridor approaching
the execution room, her face a mask of stoical responsibility; or as she
silently surveys the gurney on which the condemned man will be strapped down
before the lethal injection is administered. That makes the too-literal
nightmare sequences spelling out her anxieties seem like superfluous false
notes. But those touches are minor blemishes on an otherwise expertly wrought
character study.
The media attention and public outcry from mistakes made in the film's dramatic
prelude heighten tension around the approaching execution of Anthony Woods
(Aldis Hodge), a still-young African-American man convicted of shooting a
police officer during a convenience store robbery 15 years earlier. His death
will be the 12th that Bernadine has overseen during her years at the maximum
security prison, the location of which is never identified. "I do my job," she
says calmly at one point, when asked how she can continue. "I give these men
respect all the way through."
The warden's perspective dominates the film to a degree rarely if ever seen in
death-row screen dramas, but Chukwu demonstrates an even hand by folding in
several other key points of view, fleshed out in equally nuanced performances.
They include that of Marty Lumetta (Richard Schiff), the attorney who maintains
his client's innocence, seemingly backed up by lack of hard evidence. He has
kept Woods' hope alive through the long appeals process, even as the emotional
cost has worn him down, prompting him to plan for retirement after this case.
Then there's Woods himself, played with relatively few words but with quiet
strength by Hodge, whose rangy, coiled physicality makes the pain of his silent
tears cut deeper. Only in exchanges with his lawyer does he become voluble,
revealing the gratitude and generosity of spirit of a decent man. He has a
number of intensely moving scenes, perhaps none more so than when Evette
(Danielle Brooks, terrific), his high school-age girlfriend at the time of his
arrest, comes to visit him after distancing herself through his trial and for
years after, finally revealing her reasons and giving him momentary new cause
for hope. Even the comparatively small role of the prison chaplain (Michael
O’Neill) adds further shades of empathy to the complex picture.
But the chief focus is the staggering toll of the job on Bernadine. The gravity
of her position is inescapable, amplified by the shouts of "I am Anthony Woods"
from the protestors outside the prison perimeter, audible from her office.
Chukwu shows the strain on her marriage to schoolteacher Jonathan (the always
wonderful Wendell Pierce) as he fights for their union despite her emotional
unavailability, her after-work drinking and increasing insomnia. In some
moments she almost seems closer to her deputy warden (Richard Gunn). "I need a
pulse, Bernardine," Jonathan tells her in one sorrowful plea. Even when she
does open up to him about her corrosive doubts, asking if he believes Anthony
Woods is guilty, she still doesn't really let him in, telling him, "I am alone,
and nobody can fix it."
Bernadine's scenes with Anthony are some of the film's best, as she goes point
by point over the preparations for and procedural details of his execution,
maintaining professional detachment while indicating her sympathy in unspoken
ways. In most of these encounters his pride makes him refuse to acknowledge
her, but even without the tears it's clear that her words are registering. And
when he finally does respond to her kindness with a simple "thank you" after
he's suffered a crushing personal blow, the effect is shattering. The impact of
this key relationship being between a black woman and a black man requires no
additional commentary, though it tacitly underscores the way the American
justice system is stacked against people of color.
Backed by the unimpeachable integrity of Woodard's work, Chukwu deftly avoids
melodrama for the most part, even if touches like having Jonathan read the
opening lines of Ralph Ellison's Invisible Man to his students feel borderline
heavy-handed. Likewise, an explosion of anger from the dead cop's mother
(Vernee Watson), demanding an additional seat in the execution observation
room, seems slightly out of character with the subdued tone that defines the
movie. But the filmmaker's serious intent is undeniable, all the more so
because she frames her cause-driven argument in such personal terms.
>From the sparing use of Kathryn Bostic's subtle score to Phyllis Hogan's fluid
editing, this is a superbly crafted film, particularly in terms of its visual
sense. The graceful movement of Eric Branco's camera, with especially masterful
use of reverse pans, displays a sensitivity to the subject matter that
considerably enhances Clemency's emotional and psychological depth. And if
Chukwu perhaps overextends the devastating gut-punch of an ending, there's no
arguing with the final shot of Bernadine's face. It leaves us wondering long
after about where this staunch woman, embodying both fortitude and suffering,
can go to find redemption within herself.
Venue: Sundance Film Festival (U.S. Dramatic Competition)
Cast: Alfre Woodard, Richard Schiff, Aldis Hodge, Wendell Pierce, Danielle
Brooks, Michael O’Neill, Richard Gunn, Vernee Watson, Dennis Haskins, LaMonica
Garrett, Michelle C. Bonilla
Production company: Ace Pictures Entertainment, in association with Big Indie,
Bronwyn Cornelius Productions
Director-screenwriter: Chinonye Chukwu
Producers: Bronwyn Cornelius, Julian Cautherley, Peter Wong, Timur Bekbosunov
Executive producers: Annie Chang, Calvin Choong, Johnny Chang, Emma Lee, Alfre
Woodard, Kathryn Bostic
Director of photography: Eric Branco
Production designer: Margaux Rust
Costume designer: Suzanne Barnes
Music: Kathryn Bostic
Editor: Phyllis Housen
Casting: Kerry Barden, Paul Schnee
Sales: Paradigm Agency
112 minutes
(source: hollywoodreporter.com)
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Rodriguez continues conviction, death sentence appeal in Sjodin case
Attorneys working to overturn the death sentence of Alfonso Rodriguez Jr. will
present evidence regarding his mental capacity starting Monday in a Fargo
courtroom.
Rodriguez was sentenced to death in 2007 for killing University of North Dakota
student Dru Sjodin, a 22-year-old from Pequot Lakes, Minn.
He was found guilty of abducting Sjodin from a Grand Forks, N.D., shopping mall
parking lot in November 2003, killing her and disposing of her body in a field
near Crookston, Minn., where it was found 5 months later. He was registered as
a Level 3 sex offender, Minnesota's highest risk category, when he was released
from a state prison several months earlier.
Because the crime crossed state lines, Rodriguez was tried and convicted in
federal court, which opened the door to the death penalty sentence he received.
It was the 1st time in more than a century the death penalty had been
deliberated in North Dakota.
In 2017, his defense attorneys presented testimony challenging forensic
evidence that had been presented during the trial.
The two-week hearing scheduled to start Monday will present evidence about
Rodriguez's mental capacity when he committed the crime. The defense is
expected to argue that Rodriguez has impaired intellectual capacity and should
not be executed.
Among those testifying will be toxicological and psychiatric experts, as well
as the attorney who defended Rodriguez during his 2006 trial.
Sjodin's killing sparked a debate about sex offender laws in Minnesota and
nationwide. Federal legislation establishing the Dru Sjodin National Sex
Offenders Public Registry was passed in 2006.
(source: mprnews.org)
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