NCADP
1436
U Street,
NW
Suite 104
Washington
DC
20009
888-286-2237
[email protected]
|
National
Execution Alert
January
2001
Arizona
Jose Amaya-Ruiz (AZ)
January 18, 2001…3:00pm (EST)
Nearly two years after the State of Arizona executed two German citizens,
Karl and Walter LaGrand, and despite international pressure to stop executing
foreign nationals, a citizen from El Salvador is scheduled to be executed
on January 18.
Jose Amaya-Ruiz was sentenced to death for the 1985 murder of Kimberly
Lopez. In violation of international law secured by the Vienna Convention,
Ruiz was not notified about his right to contact his consulate at the time
of his arrest. In November 2000, the International Court of Justice in
DenHaag held hearings on this issue. Article 36 of the Vienna Convention,
a government must be informed if “a national of that State is arrested
or committed to prison or to custody pending trial or is detained in any
other manner” on foreign soil. Germany has sued the US and s arguing that
this article was violated in the case of the LaGrand brothers who were
executed in Arizona in 1999.
Ruiz’s case also involves a challenge to the constitutionality of the
competency statutes in Arizona. The Arizona Supreme Court rejected the
argument to overturn the case, but two of the five justices expressed the
belief that there was a history of mental illness that warranted the imposition
of a life sentence in this case.
For most of his time on death row Ruiz has been in a mental health
ward. He attempted suicide at least once.
In the weeks prior to his scheduled execution, new lawyers have started
to work on behalf of Ruiz. The clemency hearing is scheduled for the days
prior to his execution and the defense will focus on the issue of mental
competency arguing that Ruiz is mentally retarded and not capable of being
executed.
Please Contact
Governor Jane Dee Hull
1700 West Washington
Phoenix, AZ 85007
phone: (602) 542 4331
fax: 602-542-1381
e-mail: [email protected]
www.governor.state.az.us
Pardon/Parole Board
Board of Executive Clemency
1654 W. Jefferson
Suite 326
Phoenix, AZ 85007
phone: 602-542-5656
fax: 602-542-6580
Arizona Republic
PO Box 2245
Phoenix, AZ 85002
phone: (602) 444 8222
fax: (602) 444-8044
web: www.azcentral.com
Arizona Daily Star
PO Box 26807
Tucson, AZ 85726
phone: (520) 573 4142
fax: (520) 573 4107
For More Information
Coalition of Arizonians to Abolish the Death Penalty
P.O. Box 42465
Tucson, AZ 85733-2465
contact: Ann Nichols
phone: (520) 884 5507 (ext.12)
fax: (520) 57 8683
e-mail: [email protected]
Florida
Robert Glock
January 10, 2001…7:00am (EST)
Robert Glock’s life was marked by neglect and
violence. It is scheduled to end by execution on December 8. Together with
his co-defendant Carl Puiatti he was sentenced to death for the 1983 murder
of Sharilyn Ritchie.
Both defendants were convicted in a joined trial,
although Robert’s lawyers had asked for separate proceedings.
Furthermore Robert’s defense counsel failed to
properly investigate and present evidence of petitioner’s childhood abuse,
his mental disturbance, and the domination by his co-defendant. He did
not obtain available information and important mitigating evidence from
Robert’s family. By doing so he failed to aid the mental health experts
in showing the deficiencies in Robert’s character.
Throughout his lifetime Robert was searching
for love and support but in turn he was neglected. As a child Robert
suffered under an abusive and alcoholic mother. According to Roberts sister,
Tammy Glock, she “spent most of her time drunk. When she would vomit all
over herself we would clean her up and put her in bed so that our stepfather
wouldn’t know that she had been drinking. If we didn’t help her in this
way, she would get furious at us…We were just too scared not to do anything
to keep her from beating us…She would dress (Bobby) up like a little
girl and make him to go to school like that. Bobby would try to sneak normal
clothes out of the house with him, but if she caught him, she would beat
him badly…She did not approve who he was. She did not like him because
of who his father was”.
Robert was not allowed to play with his peers
and after he had tried to run away several times, he was sent to a foster
home at age thirteen.
Within a year he moved to his father’s in Florida.
There he would endure even more pain, this time by his stepmother. She
was jealous at him and considered him a danger to her children’s status,
and although Robert desired her sympathy she would be violent against him.
As a result of his upbringing Robert never developed
a healthy self-esteem. Showing self-defeating and schizoid traits, Robert
also suffered under Post-Traumatic Sress-Disorder. He was small of statute
and became easily dependant on others. Soon he was a follower and an easily
led pleaser of people who would make him feel comfortable. At the end this
is why he became involved in the killing of Sharilyn Ritchie.
According to Doctor Merikangas, “Robert Glock
has a passive dependant personality disorder and is subject to undue influence
and domination. In my opinion, Robert was under the domination of Mr. Puiatti
during the offense. If not for this domination and influence by Mr. Puiatti,
Robert would not have participated in such an offense”.
In contrast to his co-defendant, Robert had no
significant history of prior criminal activity. He is also deeply remorseful
for what he did and evaluations have found him to be a good candidate for
rehabilitation.
Please Contact:
Governor Jeb Bush
Executive Office of the Governor
The Capitol
Tallahassee, FL 32399-0001
phone: (850) 488-4441
fax: (850) 487-0801
[email protected]
www.state.fl.us/eog
Pardon and Parole Board
Executive Board of Clemency
2601 Blarr Stone Road
Building C, Room 229
Tallahassee, FL 32399
phone: (850) 488-2952
fax: (850) 488-0695
The News Journal
P.O. Box 2831
Daytona Beach, FL 32120
phone: (904) 252-1511
[email protected]
www.n-jcenter.com
Tallahassee Democrat
P.O. Box 990
Tallahassee, FL 32302
phone: (850) 599-2151
fax: (850) 599-2295
[email protected]
www.tallahassee.com
For More Information:
Florida Coalition to Abolish the Death
Penalty
2363 Union Street
Fort Myers, FL 33901
phone: (941) 332-3449
fax: (941) 332-3449
Floridians for Alternatives to the
Death Penalty (FADP)
PMB 297
177 U.S. Hwy #1
Tequesta, FL 33469
phone: (800) 973-6548
fax: (561) 743-2500
[email protected]
www.fadp.org
North
Carolina
Bobby Harris (NC)
January 19, 2001…2:00am (EST)
The state of North Carolina is scheduled to execute Bobby Lee Harris
on January 19, 2001 at 2a.m., ignoring the recommendations of a legislative
study commission calling for a temporary halt of executions. The
committee not only recommends a moratorium, but also calls for an end to
the executions of mentally retarded persons and the elimination of racial
bias in capital cases. Harris’s case is an example of why the commission
has serious concerns about the death penalty in North Carolina.
Harris was sentenced to death for the 1991 murder of John Redd in Onslow
County. Harris’s co-defendant, Joe Simpson, accepted a plea bargain
in the case, and his projected release date from the NC Department of Corrections
is August 2006.
Two North Carolina Supreme Court Justices believe that Harris’s death
sentence was unfair and disproportionate given his conduct and compelling
background history. The fatal stabbing was not planned in advance,
and after the stabbing occurred, Harris took measures to save the victim’s
life. The victim died in the hospital under questionable circumstances.
When Harris learned Redd had died, he turned himself in, gave a full confession,
and expressed
deep remorse.
Judge Joe Freeman Bitt who sentenced Harris to death is believed to
have a pro-death penalty bias. Britt is a former prosecutor who once made
the Guinness Book of Records for obtaining more death penalty convictions
than any other prosecutor in the country.
The attorney appointed to represent Harris during his trial was ill
from cancer at that time. He prepared poorly for the trial, made several
mistakes and finally had to be replaced.
Harris is borderline mentally retarded. According to Harris’s
prison records, he scored 73 on a Beta IQ test. A person with an
IQ of 70 or below is generally considered to be mentally retarded.
Polls show that a majority of Americans do not support the death penalty
for mentally retarded persons. (A majority of North Carolinians support
an immediate moratorium on executions as well.)
The testimony received by the study commission showed that mentally
retarded people cannot plan and understand the consequences of their actions
the way others can. They can be easily led to commit unlawful acts and
to confess to things they did not do. Witnesses stated that people with
scores near the 70 cutoff point are also very severely limited in their
intellectual and moral development.
Harris’s execution would be the 16th out of the last 17 in North Carolina
in which the victim was white. Studies show that defendants are 4.4 times
more likely to receive the death penalty if the victim was white.
The legislative study commission is awaiting a study on race and death
penalty by the UNC faculty and other groups. Findings are expected to be
released in early 2001.
“With the legislative study commission calling for a moratorium and
for changes in our laws concerning the execution of mentally retarded persons,”
says UNC-CH law school dean and noted constitutional law scholar Gene Nichol,
“it would certainly make sense to at least grant a reprieve to Bobby Lee
Harris.”
Bobby Lee Harris’ life is now in the hands Gov.-Elect Mike Easley’s
hands who helped to prosecute the case when he was still Attorney General.
Please act to stop the execution.
Please Contact
Governor Elect Mike Easley
20300 Mail Services Center
Raleigh, NC 27699-0300
Fax: (919) 733-2120 or 715-3561
or call Gov. Hunt at: 1-800-662-7952
or (919) 715-1695
e-mail: [email protected]
Raleigh News & Observer
P.O. Box 191
Raleigh, NC 27602
fax: 919-829-4540
e-mail: [email protected]
Charlotte Observer
P.O. Box 30308
Charlotte, NC 28230
fax:704-377-6214
e-mail: [email protected]
Durham Herald Sun
P.O. Box 2092
Durham, NC 27702
Fax 919-419-6837
e-mail: [email protected]
Greensboro News & Record
P.O. Box 20848
Greensboro, NC 27420
Fax 336-373-7382
e-mail: mailto:[email protected]
Asheville Citizen Times
P.O. Box 2090
Asheville, NC 28802
Fax 704-252-6511
e-mail: [email protected]
Wilmington Morning Star
P.O. Box 840
Wilmington, NC 28402
fax: 343-2227
e-mail: [email protected]
Winston-Salem Journal
P.O. Box 3159
Winston-Salem, NC 27102;
fax: 336-727-7315
e-mail: [email protected]
For More Information
People of Faith Against the Death Penalty
157 1/2 E. Franklin St.
Chapel Hill, NC 27514,
phone: 919-933-7567
e-mail: sjdear1
Oklahoma
Robert Clayton (OK)
January 4, 2001…1:00am (EST)
“If he had some kind of defense he would not have been convicted,”
wrote one of the jurors to the judge after the trial. Robert Clayton was
convicted, partly because ineffective assistance of counsel, for the 1985
murder of Rhonda Timmons.
Clayton’s attorney, Ron Wallace, did not want the case and failed in
adequately preparing it. He never called a psychologist nor did he answer
calls from his client.
Clayton grew up in a poor and alcoholic family, he was one of 9 children
and dropped out of school in eighth grade.
Clayton’s trial was flawed with error and he should have never been
convicted because he was incompetent to understand the proceedings. Clayton
is mentally retarded with an IQ of 68. A retrospective competency hearing
was held six years after the trial and he was then found to be competent.
Important evidence including a bloody sock which now could be tested
for DNA has been lost. During the sentencing phase of the trial the prosecution
was allowed to present a woman who said that Clayton had raped her. The
testimony was meant to support the argument of future dangerousness. Clayton
had never been charged or convicted for the alleged rape.
Note: Robert Clayton’s family wants to bring his body home after the
execution but they do not have the money for the transportation and funeral.
Send donations to:
Robert Clayton
013839123 Hankok Bank
Pascagoula, Mississippi 39567
Eddie Trice (OK)
January 9, 2001…1:00am (EST)
“He is without human feelings…if ever a man needed to die, he is
sitting right here.” said the prosecuting attorney during the sentencing
phase of the trial in order to urge the jury to impose a death sentence
on Eddie Trice. The responsible District Attorney for this case was Robert
Macy. Macy claims that he has sent more people to death row than any other
prosecuting attorney in the US. The Chicago Tribune investigated his cases
and found a long record of prosecutorial misconduct.
Over 50 defendants prosecuted by Macy’s office were sent to death row.
Eddi Trice is one of them. He was convicted for a murder comitted in 1987.
Trice has a long history of family abuse and brain damage which due
to lack of funding was not adequately investigated at the time of his trial.
Viola Gross, Trice’s mother, was 14 years-old when she was raped by
Walter Trice. She did not understand what happened to her and what sexual
intercourse was at that time. She became pregnant and nine months later
Eddie Trice was born. Viola then had seven more children with four different
men.
At least one of her later husbands abused Eddie Trice severely. Once
he was beaten to unconsciousness with no mediacal treatment to follow.
At another occasion the stepfather would force the child’s head in a hot
oven in an attempt to kill him. He also deprived the family of food.
Trice later had trouble in school, he could not read, write or understand
the teacher. He had severe cramps and was diagnose with athritis. Trice
is a functional illiterate and has an IQ of 79, which is in the range of
mental retardation.
A number serious head injuries, including a car accident in which his
head hit the windshield, led to chronic brain damage.
During his childhood Trice was raped by a number of different people
including a neighbor, an uncle and a catholic priest.
Trice started to drink at the age of nine. By the time he was twelve
years-old he would consume one gallon of whiskey every three days and by
the time he was fifteen he would virtually drink the whole day.
In 1964 Trice tried to commit suicide and at the age of sixteen he
would find himself in a county jail. There he was raped again.
When Trice was charged with murder, his defense counsel did not have
not enough funds to obtain a psychological examination prior to trial.
That is why the jury never heard that Trice suffered from post-traumatic
stress disorder and paranoid psychosis caused by a childhood of abuse and
neglect.
Wanda Jean Allen (OK)
Jan. 11, 2001…1:00am (EST)
Wanda Jean Allen is scheduled to be executed in Oklahoma on January
11, 2001. She was sentenced to death in 1989 for killing her lover,
Gloria Leathers in Oklahoma City in 1988. Her clemency hearing before
the state Pardon and Parole Board took place on December 15th. She was
denied clemency. Allen’s case now goes to Governor Keating who has the
power to grant her a reprieve.
The two women, who had met in prison, had been together for about two
years in a turbulent relationship. Each had called the police to
their home on more than one occasion after a domestic dispute. On
the afternoon of December 1, 1988 the couple got into a argument at a local
grocery store. The argument continued at their home and culminated
outside a police station. Allen maintained she had acted in self-defense,
claiming that Leathers had struck her in the face with a hand rake during
the confrontation at the house, and that outside the police station Leathers
had again come at her with the rake. Allen shot Leathers, who died
four days later on December 5, 1988. The wounds to Allen’s face from
the rake were still visible on December 6, when she was photographed in
jail.
Bob Carpenter was approached by Allen’s family to handle the case.
Believing that it was not a capital case he agreed to represent Wanda for
$5,000. The family made an initial payment of $800. The state
then charged Wanda with first-degree murder and announced it would seek
the death penalty. Mr. Carpenter who had never tried a capital murder
case asked the judge to allow him to withdraw when he learned that the
family could not pay the $4,200 balance. He offered to act as co-counsel
for free if a public defender was appointed as lead counsel. The
prosecution opposed his motion and the court refused to allow him to withdraw.
He was therefore forced to defend Wanda on a total payment of $800 with
no co-counsel, no previous experience in trying capital cases, no investigator,
and no resources to hire expert witnesses.
In a 1991 affidavit, Bob Carpenter stated that it was not until after
the trial that he learned when Wanda was 15 years-old her IQ had been measured
at 69 and that the doctor who examined her had recommended a neurological
assessment because she manifested symptoms of brain damage. Carpenter
stated, “I did not search for any medical or psychological records or seek
expert assistance” for use at the trial
A psychologist conducted a comprehensive evaluation of Wanda in 1995
and found “clear and convincing evidence of cognitive and sensory-motor
deficits and brain dysfunction” possibly linked to an adolescent head injury.
At the age of 12, Allen had been hit by a truck and knocked unconscious,
and at 14 or 15 she had been stabbed in the left temple. He found
that Wanda’s “intellectual abilities are markedly impaired”and that her
IQ was 80. He found “particularly significant hemisphere dysfunction”
impairing “her comprehension, her ability to logically express herself,
her ability to analyze cause and effect relationships…”. He also
concluded that Allen was “more chronically vulnerable than others to becoming
disorganized by everyday stresses – and thus more vulnerable to a loss
of control under stress.”
The execution of those with mental retardation and severe mental
illness raises concerns within the international community. During
the 1999 U.N. Commission on Human Rights meeting in Geneva a resolution
was passed calling on nations “not to impose the death penalty on a person
suffering from any form of mental disorder.”
One of the prosecutor’s main tactics during the trial was to rely on
negative stereotypes of lesbians and convince the jury that Wanda Jean
was dominant and intimidated Leathers. Prosecutors in other capital cases
have frequently used this method to criminalize lesbians and portray them
as man-hating, overly aggressive, and capable of committing murder. This
sort of bias portrays lesbians as more dangerous than a heterosexual woman
accused of the same crime.
For More Information On Wanda Jean Allen
Tonya McClary
(202) 387-3890 x17 or [email protected]
The National Coalition to Abolish the Death Penalty
1436 U Street, NW Suite 104 Washington,
DC 20009
Shanitra Muhammad
(405) 528-0270 or [email protected]
Save Ms. Allen Coalition c/o NAACP
1500 NE 4th Street Oklahoma City, Oklahoma 73117
Karin Lau
(405) 427-1111 or [email protected]
Oklahoma Coalition to Abolish the Death Penalty
P.O. Box 713 Oklahoma City, OK 93101-0713
Joann Bell
(405) 525-3002 or [email protected]
ACLU of Oklahoma
600 NW 23rd Street, Suite 104 Oklahoma City, Oklahoma 73103
Floyd Medlock (OK)
January 16, 2001…1:00am (EST)
Floyd Medlock is scheduled to be executed for the February 1990 murder
of Katherine Ann Busch. The two main arguments against his execution are
mental illness and ineffective assistance of counsel.
After his daughter was killed the victim’s father, Ken Bush started
a campaign against the 10th Circuit Court of Appeals demanding more executions
to be carried out.
On the other hand, Johnniee Carter, Chair of the Oklahoma Coalition
to Abolish the Death Penalty and grandfather of the victim, spoke out against
executing Medlock, “What he did was horrible and I’m not excusing him for
that…He took a life but we shouldn’t take a life in return.”
One day after the murder, then 19 year-old Medlock surrendered to police
and gave a videotaped confession. He mentioned he was hearing voices inside
his head and surrendered voluntarily because of his fear of hurting somebody
else. In the confession he said, “It was like it wasn’t me doing it – like
it was a dream.”
During trial the sentencing judge used the confession against the defendant
by making it an aggravating factor saying that he would commit further
acts of violence.
On strong advice of his counsel, Medlock entered a plea agreement.
But the state gave no agreement regarding recommended punishment. The guilty
plea was used to sentence Medlock to death.
In addition, Steve Jones, Medlock’s trial counsel, failed to investigate
the lengthy history of mental illness in Medlock’s family. He also failed
to provide mental health experts with background information which resulted
in an incorrect diagnosis of multiple personality disorder.
A thorough investigation of Medlock’s mental state and history would
have shown that he suffered from schizophrenia which caused his hallucinations.
That is why he heard voices of deceased relatives neighbors and others.
An evaluation by Doctor Fleming now shows, “Allen was most likely unable
to know that his were wrong at the time of the crime for which he has been
sentenced. He was unable to distinguish right right from wrong because
of this ‘disability of reason’ or because of his ‘disease of mind.’ His
abusive and unfortunatwe developmental history has affected his functioning
and should also be considered as a mitigating circumstance.”
Ineffective assistance of counsel deprived Medlock of his right of
adequate legal representation and was the reason why the jury never had
a correct picture of Medlock’s mental illness.
Dion Smallwood (OK)
January 18, 2001…1:00am (EST)
“Not a day goes by that I do not think of what I did and the pain I’ve
caused…I wish I had never gotten up that day, but I cannot change that.
I have asked God’s forgiveness and I have asked Lois to forgive me. I only
hope that she has done that.” (Dion Smallwood)
Dion Smallwood is scheduled to be executed in Oklahoma on January 18,
2001. He was sentenced to death for the 1982 murder of Lois Frederick.
Dion Smallwood, who has a history of mental illness, was initially
found incompetent to stand trial on the grounds that he was unable to consult
with his lawyer or rationally assist in the preparation of his defense.
He was sent to a psychiatric hospital where he received treatment. After
nearly three months, the hospital determined that he could stand trial,
although it noted that he remained a danger to himself and others, the
standard in Oklahoma for commitment to a psychiatric facility.
At the 1993 trial, the defense lawyer called a psychologist as an expert
witness. However, the prosecution objected on the grounds that the lawyer
had said that he would not be presenting such testimony at the first stage
of the trial. The lawyer explained that the psychologist would be unable
to appear at the sentencing phase, and that his testimony was relevant
to whether the defendant could have formed the intent to kill. However,
the court upheld the states objection and the jury never heard any expert
mental health testimony from the defense at either stage of the trial.
Dion Smallwood sought psychiatric help shortly before the murder of
Lois Frederick because his condition was deteriorating. On 10 January 1992,
Smallwood went to a mental health facility, stating he was having a crisis.
The relevant counselor was busy and asked him to come back in two hours.
Although she noted that he was obviously in relapse, she did not follow
up on his whereabouts when he did not return.
A clinical psychologist, who assessed Smallwood after his conviction,
found that he suffered from bipolar disorder (manic depression). This psychiatric
disturbance disrupts all areas of functioning, relationships, occupational,
social, and often requires hospitalization to prevent harm to self or others.
Dion never had this necessary treatment. The psychologist said that had
Smallwood received such treatment, it is unlikely that his situation would
have created the intense symptoms that culminated in the death of Fredericks.
Smallwood suffers from an array of other problems. His childhood was marked
by poverty, violence abuse, deprivation and parental abandonment. His father
(Native American) and mother (Hispanic) suffered from mental problems,
and his oldest brother has been diagnosed with paranoid schizophrenia and
manic depression.
According to the US National Alliance for the Mentally Ill (NAMI):
“After accurate diagnosis, most people with bipolar disorder can be successfully
treated with medication in 80 percent to 90 percent of all cases.” NAMI
opposes the death penalty against persons with severe mental illness. The
widely held belief that the execution of the mentally impaired flouts basic
standards of decency is reflected in a resolution adopted on April 2000
by the UN Commission on Human Rights urging all retentionist countries
not to impose the death penalty on a person suffering from any form of
mental disorder or to execute any such person.
On December 4, 2000 the Oklahoma Parole Board voted 4-0 against recommending
clemency for Dion Smallwood. Almost 40 people attended the clemency hearing
to speak on Smallwood’s behalf or to offer moral support to his family.
In a letter, Smallwood thanked for the support he received prior
to his unsuccessful clemency hearing: “I am extremely grateful and I want
to let you know that I am touched because of everyday’s support and prayers…I
am not giving up hope I will not allow them to steal that from me. As long
as there is life in me then there is hope. Thanks for supporting me. I
love each and everyone of you.”
(note: Large parts of this article were taken from an Urgent Action
Appeal by Amnesty International)
Mark Fowler (OK)
January 23, 2001…1:00am (EST)
Mark Fowler and his co-defendant Billy Ray Fox were convicted and sentenced
to death for a 1985 triple homicide at a grocery store in Edmond.
The two men were tried together and evidence that could have been used
during separate trials was not allowed. Also in Mark’s case, Billy’s
confession was used against him at trial.
Fowler and Fox accused each other of being the triggerman in the store,
where Fox had stolen money and was fired from employment.
In 1988 Mark’s 83-year-old paternal grandmother was raped and killed
in Oklahoma City. Robert Lee Miller, Jr. was convicted of that crime
and the rape of murder of a 90-year-old woman and sentenced to death.
After spending 10 years on death row he was freed after DNA evidence showed
that he did not commit the rapes.
The same officials who arrested and prosecuted Miller were also involved
in Mark Fowler’s case.
Mark’s mother was a major force in his life by helping overcome acute
dyslexia. After she died in 1980, Mark started getting into trouble
with drugs and theft. His maternal grandparents also had died by
1985.
According to Mark’s uncle, Rev. Gregory Gier “this nephew [Mark] never
got into trouble until after my sister died.”
Since he has been in prison Mark has gotten a lot of support
from the Catholic church and has maintained a good prison record
Billy Ray Fox (OK)
January 25, 2001…1:00am (EST) Billy Ray Fox and his co-defendant
Mark Fowler were convicted and sentenced to death for a 1985 triple homicide
at a grocery store in Edmond, Oklahoma. The two men were tried together
and evidence that could have been used during separate trials was not allowed.
Fox and Fowler accused each other of being the triggerman in the store.
During one of his appeals, Billy challenged the fact that the jury
was not racially diverse. He is half Asian and asserted that although
the minority population of Oklahoma County is small he should have had
a jury that was more racially diverse. The court struck down that
assertion stating that the Asian community only represented 0.99 percent
of the population and that “is not sufficiently numerous to form a distinct
class.”
Billy had also requested that his trial be moved to another county
because of all the pretrial publicity. When this issue was raised
on appeal the court agreed that most of the potential jurors had read or
heard about the case. However, the court was convinced that none
of the jurors serving on Billy’s jury had formulated an opinion of his
guilt or innocence.
Loyd Lafevers (OK)-w/?
January 30, 2001…1:00am (EST) Loyd Lafevers was sentenced
to death for the 1985 rape, robbery and murder of Addie Hawley. He
received a retrial after it was determined that he was erroneously denied
his right to be tried separately from his co-defendant Randall Cannon.
He was sentenced to death again in 1993.
During parts of his appeals Lafevers defended himself. Later his chances
for relief were further diminished when one of his lawyer’s failed to file
the Supreme Court petition on time.
Lafever’s new lawyers are now presenting evidence questioning the state’s
ability to prove Lafevers to be guilty of murder beyond a reasonable doubt.
For years Lafevers had asked to conduct DNA-testing for the blood which
was found on his pants. However, because of lack of funding these tests
never occurred. When new lawyers started to work on the case DNA-tests
were used and on March 3, 2000 the test result showed that the blood did
not match the victim’s blood. An imminent execution date was stayed by
the Circuit Court but the District Court denied further relief. Now a request
for further proceedings to the Circuit Court is pending.
A clemency hearing is scheduled of January 29, 2000, the day before
the execution is scheduled to take place.
D.L. Jones (OK)
February 1, 2001…1:00am (EST)
D.L. Jones, the longest held resident on Oklahoma’s death row after
more than 20 years of state and federal appeals, lost his final appeal
on November 13, 2000. The U.S. Supreme Court refused to look at Jones’s
appeal.
Jones was convicted in April 1980 of killing Stanley Buck Sr., 48,
and wounding Buck’s teenage son, Stanley Buck Jr. at the Wichita Lounge
in Lawton on August 14, 1979. Jones also shot Betty Jean Strain. She was
not killed.
Jones’s defense asserts that the jury in his 1980 murder trial wasn’t
properly instructed when it should recommend the death penalty and that
the prosecutor “deliberately misstated the law and led the jury to believe
Mr. Jones would be released from custody if he were found not guilty by
reason of insanity.”
Please Contact
Governor Frank Keating
Room 212
State Capitol Building
Oklahoma City, OK 73105
Phone: 405-521-2342
Fax: 405-521-3353
[email protected]
Pardon & Parole Board
4040 North Lincoln
Suite 219
Oklahoma City, OK 73105
Fax: 405-427-6648
For More Information
Oklahoma Coalition to Abolish the Death Penalty
9718 South Urbana Avenue
Tulsa, OK 74137
Karin Lau
(405) 427-1111 or [email protected]
Tennessee
Phillip Workman (TN) – W/W
January 31, 2001…1:00am (EST)
Phillip Workman was convicted in 1981 for killing Memphis police officer
Ronald Oliver. Lieutenant Oliver’s death was the result of a shootout
that occurred as police tried to
apprehend Workman for the armed robbery of a Wendy’s restaurant. Despite
compelling evidence that Phillip was not responsible for the shooting,
state and federal courts have
washed their hands of the affair, and left his fate in the hands of
Governor Don Sundquist.
There are two basic facts which call Phillip’s guilt into question.
First, the ballistics evidence gathered from the crime scene indicate that
the bullets which killed Ronald Oliver did not come from the gun Phillip
fired during the shootout. In fact, the bullets taken from the victim
match the standard-issue weapons used by Memphis police at the time. In
addition, an x-ray of Oliver’s wound released to the defense eighteen years
after the trial supports the exculpatory evidence. In light of this evidence,
it is likely that Oliver’s tragic death was caused by the “friendly fire”
of fellow officers.
Second, the testimony of the prosecution’s star eye-witness has been
completely discredited by Phillip’s appellate attorneys. Harold Davis was
a drug addict who hoped to
collect reward money when he came to police with his version of the
crime. His story changed several times until it finally matched the one
touted by police. “Basically they told me what happened, how
it happened, when it happened,” Davis said in a videotaped affidavit taken
by Phillip’s appellate attorneys, “[they told me] this is
what you’re going to say.” Davis’s former girlfriend, who was with
him on the night of the shooting, also testified that they were nowhere
near the Wendy’s when the crime occurred.
Since all of this exculpatory evidence came out after Phillip’s trial,
it is no wonder he was found guilty and sent to death row.
“It is just flat lying to the public when [State Attorney Paul Summers]
says that my case has been viewed by all of the judges. This evidence that
we found hasn’t been viewed by
any state judge,” said Phillip from death row. Some of the jurors
who sentenced Phillip to die have now said that they would have voted differently
in light of all this evidence.
Please Contact
Governor Don Sundquist
Office of the Governor
State Capitol
Nashville, TN 37243-0001
615-741-2001–phone
[email protected]
Chattanooga Times
P.O. Box 951
Chattanooga, TN 37401
423-756-1234–phone
423-752-3388–fax
www.chattimes.com
The Tennessean
P.O. Box 1387
Nashville, TN 37202
615-259-8095–phone
615-259-8093–fax
[email protected]
www.tennessean.com
For More Information:
TCASK
P.O. Box 120552
Nashville, TN 37208
615-329-0048–phone
615-329-0058–fax
www.tcask.org
Texas
Jack Clark (TX)
January 9, 2001…7:00pm (EST)
Jack Clark was sentenced to death for the October 1989 murder of Melisa
Ann Garcia.
In their attempts to stop the execution Clark’s attorneys are concentrating
on the following three main points:
-Jack Clark grew up in a dysfunctional family and suffered from abuse
and neglect especially by his alcoholic father. This circumstance was not
found to be mitigating.
-One woman on the jury, Sandra Jones, had a relationship with the District
Attorney that had never been fully disclosed and which did not result in
replacing her from the jury.
-Jack Clark was sentenced to death with the help of two of the most
notorious people in the Texas death penalty system, Doctor Grigson and
Ralph Erdman, who have both been heavily criticize for frequent false testimony.
Ralph Erdman wrote the autopsy report in Clark’s case. He testified
that there was a sexual assault prior to the murder. Pathologist Ralph
Erdman previously wrote autopsy reports about people he had never even
examined and therefore his testimony should have been invalidated.
Doctor Grigson testified that Jack Clark would constitute a future
danger to society. Grigson became famous as “Doctor Death” for his frequent
testimonies on behalf of the prosecution. It was shown that Grigson had
given expert testimony about defendants he never met or examined. In Clark’s
case, the defense tried to confront Grigson with the cases of six convicted
capital murderers whose sentences were later reduced or who became
model prisoners after Grigson testified they would kill again. The request
for confrontation was denied and Grigson allowed to testify.
Alvin Goodwin (TX)
January 18, 2001…7:00pm (EST)
Alvin Goodwin was convicted of the November 30, 1986 killing of Douglas
Tillerson of Conroe, Texas.
Authorities report that Goodwin and an accomplice forced their way
into Tillerson’s mobile home took property and forced Tillerson into their
car, where they drove him to a wooded area and shot him in the head.
Goodwin and his partner were arrested in Burlington, Iowa and confessed.
The Court of Appeals found that Goodwin was not prejudiced by the appellate
counsel’s alleged ineffectiveness. Goodwin’s defense has claimed that Goodwin
invoked the Fifth Amendment right to have counsel present immediately before
he confessed. The Appeals Court did not rule in favor of this argument.
Steve Butler (TX)
January 22, 2001…7:00pm (EST)
Steven Anthony Butler was sentenced to death for the August 27, 1986
murder of laundry clerk Velma Clemons at a Channelview cleaners in Texas.
A jury in state District Judge Carl Walker’s court took 42 minutes
to decide that Butler deliberately murdered Clemons, 50.
Prosecutors said that Butler, a plumber from Mississippi, was responsible
for two killings, 15 armed robberies, and two rapes during a crime spree
between May 2 and Sept 23, 1986 near the interstate in Mont Belvieu and
Chambers, Orange and Jefferson counties in Texas and across the boarder
in Louisiana.
Please Contact
Governor George W. Bush
Office of the Governor
PO Box 12428
Austin, TX 78711-2418
phone: (512) 463 1782
fax: (512) 463 1849
e-mail: www.governor.state.tx.us/e-mail.html
web: www.governor.state.tx.us
Board of Pardons and Paroles
Attn: Gerald Garret
PO Box 13401, Capitol Station
Austin, TX 78711
phone: (512) 406 5852
fax: (512) 467 0945
web: www.tdcj.state.tx.us/bpp/index.html
Texas Board of Pardons and Paroles
Gerald Garrett, Chairman
Price Daniel, Sr. Building
209 W. 14th Street, Suite 500
Austin, Texas 78701
Mailing Address: P.O. Box 13401, Austin, Texas 78711-3401
Phone: (512) 463-1679
Fax: (512) 463-8120
web: www.tdcj.state.tx.us/bpp/boardm.html
www.tdcj.state.tx.us/bpp/index.html
Policy Board
Gerald Garrett, Presiding Officer (Chairman),
Linda Garcia, James Paul Kiel, Jr., Dan Lang, Rissie Owens, Alvin
Shaw
Abilene Board Office
Charles A. Shipman (Wichita Falls) (2-1-03)*
100 Chestnut, Suite 105
Abilene, TX 79602
915-676-4204
915-676-4921 Fax
Amarillo Board Office
Thomas W. Moss (Amarillo) *(2-1-01)
Lucinda (Cindy) Simons (Hereford) *(2-1-05)
5809 S. Western, Suite 140
Amarillo, TX 79110
806-359-7656
806-358-6455 Fax
Angleton Board Office
Daniel Lang (Houston) *(2-1-01)
Linda Garcia (La Porte) *(2-1-05)
Cynthia Tauss (League City) *(2-1-01)
1212 North Velasco, Suite 201
Angleton, TX 77515
409-849-3031
409-849-8741 Fax
Gatesville Board Office
Lynn F. Brown (Carrollton) *(2-1-03)
Juanita Gonzalez (Round Rock) *(2-1-03)
Filiberto (Bert) Reyna (Waco) *(2-1-05)
3408 S. State Hwy. 36
Gatesville, TX 76528
254-865-8870
254-865-2629 Fax
Huntsville Board Office
Rissie Owens (Huntsville) *(2-1-03)
LaFayette Collins (Huntsville) *(2-1-05)
James E. (Jim) Bush *(2-1-01)
1300 11th St. , Suite 505
P.O. Box 599
Huntsville, TX 77342-0599
936-291-2161
936-291-8367 Fax
Palestine Board Office
Brendolyn Rogers-Johnson (Duncanville) *(2-1-01)
Sandie Walker (Bryan) *(2-1-03)
James Paul Kiel, Jr. (Tyler) *(2-1-05)
1111 West Lacy St.
Palestine, TX 75801
903-723-1068
903-723-1441 Fax
San Antonio Board Office
Paddy Lann Burwell (Westhoff) (2-1-05) *
Gerald Garrett (Austin) (2-1-01)*
Alvin Shaw (Austin) (2-1-03)*
420 S. Main
San Antonio, TX 78204
210-226-6862
210-226-1114 Fax
The Dallas Morning News
2726 South Beckley
Dallas, TX 75224
phone: (214) 977 8462
fax: (214) 977 8019
e-mail: [email protected]
web: www.dallasnews.com
The Houston Chronicle
PO Box 4260
Houston, TX 77210
phone: (713) 220 7491
fax: (713) 220 6806
e-mail: [email protected]
web: www.houstonchronicle.com
For More Information
Texas Coalition to Abolish the Death Penalty
3400 Montrose Blvd.
Suite 312
Houston, TX 77006
contact: David Atwood
phone: (713) 520 0300
e-mail: [email protected]
National
Execution Alert Staff:
Production:
Stefan Wellgraf
Writer:
Tonya McClary
Terrance Pitts
Stefan Wellgraf
Editor:
Tonya McClary
Our thoughts and prayers are
with the families of murder victims, the families of those executed
and all other victimized by senseless violence.
Thanks to all of the dedicated
activists and attorneys who make this important project possible!
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