NCADP
1436
U Street,
NW
Suite 104
Washington
DC
20009
888-286-2237
[email protected]
|
National
Execution Alert
November
2000
Federal
David Paul Hammer (federal) stay
of execution
November 15, 2000
“I don’t live in here. I exist.” David Paul Hammer has waived his appeals
and requested to be executed which could make him the first prisoner to
be executed by the federal government since 1963.
David has changed his mind several times about whether to waive his
appeals or not. Now the question being debated is whether the Federal Death
Penalty Statute permits an appeal to be waived. Most states require automatic
mandatory appeals of a death sentence.
David Paul Hammer was sentenced to 1,232 years in prison and received
the death penalty for the April 13, 1996 murder of his cell mate Andrew
Marti in a federal prison in Pennsylvania.
The prosecutor in David’s case, Frederick E. Martin, was given an award
by U.S. Attorney General Janet Reno for “the first successful (federal)
death penalty case prosecution in Pennsylvania of a murder case.”
A recent study published by the U.S. Justice Department showed racial
and geographic disparities in the imposition of the federal death penalty
which has lead to increasing demands for a federal death penalty moratorium.
David who once used a prison employee’s credit card to send flowers
to the warden says, “I don’t believe in the death penalty. I know it does
not serve as a deterrent. I know it is racially discriminatory, and not
only racially but also poor people and what part of the country you’re
from…I believe there are innocent people on death row.”
As a young person David attempted to seek help for his mental difficulties
that all jurors believed were the product of his violent, abusive and chaotic
childhood.
David was sexually, physical and emotional abused by his parents. He
was forced to stay under a running shower and to kill a beloved dog with
a shotgun. Documents of the University of Oklahoma Outpatient Psychiatric
Clinic shows David, then 14 years-old, reported having been sexually molested
by an older man and expressed fears that he was going crazy. The parents
were informed that David’s problems were serious and should be treated
but they did not act and David did not receive treatment. The documents
name a number of mental diseases David was suffering from, including “depression,
suicidal ideation, recurrent suicidal and homicidal ideation, impulsive
anger and drug abuse, …delusions and hallucinations, borderline schizophrenic
and schizoid personality”
Robert Sadoff, a forensic psychiatrist, testified at trial that David
was also suffering under Dissociative Identity Disorder (DID) which is
described as a serious mental disease or defect that is capable of interfering
with an individual’s understanding of the nature and quality of his actions.
One strong disposing factor to DID is childhood trauma.
David’s execution date is set for November 15, 2000. A protest march
is planned from November 10-14, going from Indianapolis to Terre Haute,
Indiana the place of the federal death row.
For information about the march call:
-Indiana Citizens to Abolish Capital Punishment (ICADP) (317) 466-7128
-Citizens United for Alternatives to the Death Penalty (CUADP) 800-973-6548
Please Contact
The Hon. William J. Clinton
President of the United States
Re: Clemency for Paul Hammer
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C.
fax: (202) 456-2461
e-mail: [email protected]
David Paul Hammer
# 2450277
Federal Death Row Unit
PO Box 33
Terre Haute, Indiana 47808
Arizona
Don Jay Miller (AZ)
executed
Nov. 8, 2000…3:00pm (EST)
“This is what’s going to put you in the gas chamber one day,” said
the judge, looking at the television cameras and not at Don Miller as he
held up a bag of hair belonging to the victim. He argued that Don Jay Miller
had pulled the hair from the victim, which would make the murder “heinous
and depraved,” an aggravating circumstance needed to impose the death penalty
in Arizona. The hair was later found to be cut not pulled from the victim’s
head.
Don Jay Miller was convicted for his involvement in the 1992 murder
of Jennifer Geuder. Jennifer’s boyfriend, Anthony Luna, wanted to avoid
the monthly $ 50 child support payment he had to provide Jennifer for their
one year-old son and decided to kill her. Anthony had asked Don to help
kill her. When Anthony came to Don’s trailer, Don was intoxicated by alcohol
and narcotics. He had been begin drinking since the age of ten. Both men
kidnaped the victim and Anthony finally shot her. Don later shot her too
but argues that the victim was already dead.
Why was the judge pressing for the death penalty while the mastermind
of the murder received life imprisonment?
First, the victim’s parents didn’t want to have the father of her child’s
son to be executed and were lobbying for Don’s death instead.
Second, several statements show that the judge was predisposed towards
the imposition of the death penalty. At several points prior to the conviction
he expressed his belief that the death penalty would be the only
fitting punishment in this case. Clearly influenced by victim impact statements
the judge should have been recused from trial.
Third, according to Don’s trial lawyer Rick Lugee, one of the judge’s
clerks was involved in a business deal with tennis-star Andre Agassi. For
unknown reasons, the clerk wanted Don to get the death sentence and offered
the judge to be involved in the deal if he imposed the death penalty. For
his own financial interest the judge agreed. When the Arizona Bar Association
started to investigate the case the judge resigned.
Why were these issues never addressed on further appeals?
Don, who was sexually abused as a child and who is remorseful of his
involvement in the murder, has volunteered to be executed and is not allowing
his lawyers to pursue further appeals. Having a history of depression,
his mental state was exacerbated by the transfer of Arizona’s death row
from a traditional maximum security cell block to the Special Management
Unit 2. As a death row inmate he is subjected to look down for 24 hours
a day, seven days a week with three showers a week plus three one- hour
exercise periods in a cage. Access to religious resources and visitations
are limited and the inmates are exposed to pepper spray through the ventilation
system.
His depression has become so severe that he requested mental health
treatment. The request was denied with the explanation that it is natural
to feel depressed on death row.
Don’s execution date falls at a time when a commission appointed by
the State Attorney is reviewing Arizona’s policies and procedures around
the death penalty.
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]
Delaware
Dwayne Weeks (DE) executed
Nov. 17, 2000…12:01am (EST)
Dwayne and Gwendlyn Weeks were married for nine years when their relationship
broke down. Gwendolyn moved out and asked for a divorce. In April 1992,
after receiving the divorce papers, Dwayne and a friend of his, went to
Gwendolyn’s new apartment where they found her together with a visitor
named Graig Williams. Both, Gwendolyn and Graig, were shot.
Arthur Govan, the second person involved in the murder, testified aginst
Dwayne and was sentenced to life in prison. Badly counseled, Dwayne agreed
to a guilty plea with no sentencing reduction in reward. After pleading
guilty he was sentenced to death.
Please Contact
Governor Tom Carper
820 N. French Street
Wilmington, DE 19801
phone: (302) 577 3210
fax: (302) 577 3118
e-mail: [email protected]
web: www.state.de.us/governor/index.htm
Pardon/Parole Board
820 N. French Street
5th Floor Carvell Office Building
Wilmington, DE 19801
phone: (302) 577 5233
fax: (302) 577 3501
web: www.state.de.us/parole
The News Journal
P box 15505
Wilmington, DE 19850
phone: (302) 324 2852
fax: (302) 324 5509
e-mail: [email protected]
www.delawareonline.com
Delaware State News
PO Box 737
Dover, DE 19903
phone: (302) 741 8229
fax: (302) 741 8252
e-mail: [email protected]
web: www.newszap.com
Missouri
James Chambers (MO) – W/W executed
Nov. 10, 1999…1:01am (EDT)
It was a bar fight. Both men were drunk and combative. Tragically,
one of them died on September 5th, 1982. James Chambers was charged with
the first degree murder of Lee Oestricker and is now facing the death penalty.
The punishment of death is disproportionate to the circumstances of
the case. There has only been one other case in modern times where an American
jury has given the death penalty to a defendant who killed someone in a
bar fight and that death sentence was overturned as disproportionate to
the crime.
At trial, an eye-witness testified that Oestricker hit and stabbed
Chambers, knocking him to the ground. As the massive Oestricker advanced
on the fallen man, James took out his gun and shot to protect himself.
The eye-witness testified that James’s decision to pull the gun was at
least “reasonable” given the heated nature of the argument, the difference
in size between the antagonists, and James’s belief that he was in grave
danger. Despite this, the judge prohibited the jury from considering a
self-defense argument.
The trial judge also refused to allow Chambers to present all of the
mitigating factors in his case. The Court held “that listing non-statutory
mitigating factors is not constitutionally required.”
One factor never examined by the jury was James Chambers’s mental capacity.
A childhood injury that included severe head trauma left James with an
IQ of 78. He has been diagnosed as “borderline mentally retarded.”
What you can do
Gov. Mel Carnahan
State Capitol, Box 720,
Jeffersson City,
MO 65101
573-751-3222-phone
(in Kansas City) 889-3186
(in St. Louis) 340-6900
573-751-1495-fax
[email protected]
St. Louis Post-Dispatch
900 E. Tucker Blvd.
St. Louis, MO 63101
(314) 340-8000 (phone)
(314) 340-3050 (fax)
[email protected]
Kansas City Star
1729 Grand Av.
Kansas City, MO 64108
(816) 234-4141 (phone)
(816) 234-4926 (fax)
[email protected]
News Tribune
P.O. Box 420
Jefferson City, MO 65102
(573) 636-3131 (phone)
(573) 636-7035 (fax)
[email protected]
Candlelight vigil
outside the Potosi prison,
11:00pm-12:01am
near front gate, Potosi Corr. Facility, Hwy O
just off Hwy 8, south off Hwy 21, or I-55 to Hwy 67 (Bonne Terre
exit) south to Hwy 8 west.
CANCELLED IF COMMUTATION OR STAY.
For update call 314-725-7527 or 516-6864, 816-756-0911, 573-635-7239,
573-254-3993.
Or check:
http://communities.postnet.com/
stlouis/emcadp
North
Carolina
Michael Earl Sexton (NC)
executed
Nov. 9, 2000…2:00am (EST)
The murderer was black, the victim was white. Michael Earl Sexton was
convicted of the August 8, 1990 murder of Kimberly Crews. His execution
is scheduled 26 hours after the November 7 presidential election and while
a legislative study about the racial disparities in the application of
the death penalty in North Carolina is pending.
According to a September 2000 study by the Charlotte Observer, black
defendants who kill whites are three times more likely to face execution.
The Observer study found that during the past decade, “just 40 percent
of all murder victims in the Carolinas are white, but in cases of inmates
now on death row, nearly 70 percent of the murder victims were white.”
The Observer concluded in an editorial, “minority defendants start out
with an intolerable and indefensible disadvantage compared to white defendants”
(9/13/00).
Several black jurors were excluded from trial, leaving just one African-American
in a jury of twelve. The prosecutor objected to a juror because of the
“the way he was dressed.”The prosecutor further noticed that this juror
wore an earring and concluded that he was not “not mature” despite the
fact that the juror was married, a father of two, and had lived in the
same address for a number of years. The prosecutor objected to another
juror because he did not maintain eye contact and “was not forthcoming.”
On the other hand, several white jurors who expressed their belief that
every murderer should get the death penalty were allowed to stay on the
jury.
Michael, who is remorseful for his actions, says the defense forced
him during trial to testify, which clearly helped the prosecution but not
the defendant who now claims ineffective assistance of counsel.
When Michael was a child his father died in a car accident. He was
left in the care of his mother who had one abusive, live-in boyfriend after
another. When he was 13 years-old, he was picked up on the street after
his mother abandoned him.
After being picked-up he was sent to a training school but was not
accepted there “because he was not violent enough.” Instead, Michael was
placed in an orphanage. While there, he tried to escape several times and
began to grow violent. He was later found to have a borderline personality
disorder that leads to impulsiveness.
Marcus Carter (NC)-B/B commuted
to life in prison
Nov.22, 2000…2:00am (EST)
In 1991, Marcus was tried for first degree murder of Amelia Lewis in
Wayne County, NC. At this proceeding, Marcus was represented by counsel.
After all of the evidence was in, the State was unable to convince the
jury that Marcus was guilty beyond a reasonable doubt. The jury deadlocked
after eight days of deliberations and the judge declared a mistrial.
Five months later, Marcus was retried. In the five months between the
two proceedings, trial counsel did not see Marcus. During this time period,
the State extended a plea offer to Marcus. The plea agreement would have
spared Marcus the death penalty. However, trial counsel never discussed
the plea offer with Marcus.
Counsel for Marcus now maintain that they were dismissed by Marcus
after the mistrial and that they did not represent him during the five
months prior to retrial. However, counsel never informed the court that
they no longer represented Marcus. Nor did they tell the prosecutor that
they were no longer in a position to relay the State’s plea offer to Marcus.
On the first day of his retrial, Marcus asked the court to appoint
new attorneys. He told the judge that he would take any two lawyers from
the court-appointed list. Macus explained that he wanted new counsel because
he had not seen his attorneys in five months and that they had not discussed
strategy or witnesses with him. He also told the judge that when he asked
his attorneys what they had done and what they intended to do about the
case, they told him to “shut up and sit down.” The trial judge refused
to give Marcus new lawyers. Instead, he suggested that Marcus represent
himself. Faced with the unattractive prospect of going forward with counsel
who had not consulted with him about his defense, Marcus represented himself.
During jury selection, the prosecutor capitalized on Marcus’ lack of
counsel and corresponding vulnerability. The prosecutor told jurors that
Marcus was representing himself in a “maneuver” designed to “gain the sympathy”
of the jury so they would not return a death sentence against him..
Also during jury selection, the prosecution excused five African-American
jurors. The jury that ultimately sat on his case was all white.
Marcus Carter was born in Korea, the child of a Korean woman and an
African-American soldier stationed in the country. His mother gave him
up for adoption, in part because of the stigma attached to biracial children.
He never finished high-school. When asked by the press if he believed Marcus
could handle his own case effectively, one of Marcus’s dismissed attorneys
said that, obviously, a lay person does not understand the law as well
as an attorney. News stories from the trial suggest that Marcus was unable
to follow the proceedings as he appeared to doze off during the trial.
The State’s evidence against Marcus was circumstantial. Police investigators
found unknown hairs on the victim’s body. These hairs were Caucasian. Marcus
is Asian and African-American by race. Fingernail scrapings from the victim
were compared with fiber samples from Marcus’s sweatshirt. DNA comparisons
provided no positive identification. The State Bureau of Investigation’s
DNA testing could not determine whether the blood was from Marcus or from
the victim.
Despite the State’s weak case, Marcus was convicted of first degree
murder. Once he was convicted, Marcus asked for help in the sentencing
hearing. Counsel jumped into the case unprepared, not surprisingly, Marcus
was sentenced to death.
The courts consistently declined to examine the circumstances under
which Marcus ended up fighting for is life with no legal training. His
state post-conviction appeal was denied without a hearing. The presiding
judge spent less than one hour reviewing the 300-page record before signing
verbatim the State’s proposed order. The federal courts, although “deeply
troubled” by the short shrift given Marcus’s claims, declined to intervene.
(note: This alert was provided by People of Faith Against the
Death Penalty)
Please Contact
Governor Jim Hunt
Governor’s Office
20300 Mail Services Center
Raleigh, NC 27699-0300
phone: (919) 715 1695
fax: (919) 733 2120
e-mail: [email protected]
Attorney General Mike Easley
PO Box 629
Raleigh, NC 27602
phone: (919) 716 6400
fax: (919) 716 6750
e-mail: [email protected]
The News & Observer
215 South McDowell Street
Raleigh, NC 27602
phone: (919) 829 4500
fax: (919) 829 45 29
web: www.newsobserver.com
Winston Salem Journal
PO Box 3159
Winston-Salem, NC 27102
phone: (336) 727 7211
fax: (336) 727 7315
e-mail: [email protected] web: www.journalnow.com
Demonstration
10/28 Saturday Rally & March For An Immediate Moratorium On
Executions Raleigh, NC,
October 28, 2000
Noon
For More Information
People of Faith Against the Death Penalty
157,5 East Franklin Street
Chapel Hill, NC 27514
contact: Stephen Dear
phone: (919) 933 7567
fax: (919) 933 6868
e-mail: [email protected]
web:http://www.netpath.net/~ucch/pfadp/
North Carolinians Against the Death Penalty
1008 Lamond Avenue
Durham, NC 27701
contact: Geoffrey Mock
phone: (919) 681 4514
fax: (919) 688 1723
e-mail: [email protected]
Pennsylvania
Daniel Saranachak (PA)-W/2W
stay of execution
November 8, 2000…10:00pm (EST)
Daniel was already declared dead. Once more he tried to end a life
defined by alcoholism and mental illness. But this suicide attempt would
fail too. He was revived in the hospital.
Four years later, on October 16, 1993, Daniel killed his uncle and
his grandmother in what he described as a secret military mission.
Daniel is now volunteering for execution.
At eight months-old, Daniel was beaten by his alcoholic father so bad
that his eyes were blackened. Later he would show psychotic behavior. A
twelve year-old Daniel became an alcoholic and at the age of fifteen he
would frequently drank from 10:00am till 3:00am the next morning.
Daniel had a strange military obsession. He would eat the bark of trees
and when asked about it he would say he is on a military mission. He was
placed in a special class for socially and emotionally disturbed children
were he refused to take his coat off.
During the murder trial, his defense counsel, Kent Watkins, failed
to competently investigate his diminished capacity. His lawyer did not
do the following:
-investigate the level of intoxication at the time of the crime
-investigate Daniel’s history of severe alcoholism
-investigate Daniel’s mental health history including the traumatic
events of his childhood
-call mental health experts
As a matter of fact, mental health expert, Dr. Robert Fox stated:
“it is my opinion with a reasonable degree of medical certainty
that Mr. Saranchak was psychotic at the time of the offense…Given that
he was acting as a result of his delusional belief that he was on a military
mission. It is my opinion that he did not know right from wrong at the
time of the offense. It is further my opinion that he did not act in a
deliberate and premeditated fashion, given that his actions were the result
of his delusion rather than any logical or coherent thought process.”
Daniel may not face execution today if his layer had not ignored this
mitigating evidence.
Please Contact
Governor Tom Ridge
225 Main Capitol
Harrisburg, PA 17120
phone: (717) 787 2500
web: http://sites.state.pa.us/PA_Exec/Governor/organization.html
mail: http://sites.state.pa.us/PA_Exec/Governor/govmail.html
Pennsylvania Board of Pardons and Paroles
1101 South Front Street
Suite 5100
Harrisburg, PA
17104-2571
contact: William Ward
phone: (717) 772 3135
web: http://sites.state.pa.us/PA_Exec/PBPP/
Philadelphia Daily News
P.O. Box 8263
Philadelphia, PA 19130
phone: (215) 854 2000
fax: (215) 854 5910
web: www.phillynews.com
e-mail: [email protected]
Philadelphia Inquirer
P.O. Box 8263
Philadelphia, PA 19130
phone: (215) 854 2000
fax: (215) 854 5099
e-mal: [email protected]
web: www. phillynews.com
The Patriot News
P.O. Box 2265
Harrisburg, PA 17105
phone: (717) 255 8100
fax: (717) 2558456
e-mail: [email protected]
For More Information
Pennsylvania Abolitionists United Against Death Penalty
P.O. Box 58128
Philadelphia, PA 19102
contact: Jeff Garris
phone: (215) 724 6120
fax: (215) 387 5280
e-mail: [email protected]
Amnesty International State Death Penalty Abolition Coordinator
505A Harwood Ct.
Mount Laurel, NJ 08054
contact: Phyllis Pautrat
phone: (215) 427 5800 (ext. 3022)
fax: (215) 427 5773
e-mail: [email protected]
South
Carolina
Kevin Dean Young B/? executed
November 3, 2000…6:00pm (EST)
James Mann was a former prosecutor who claimed to have sent more defendants
to the electric chair than any other prosecutor in the United States. He
was also the attorney of Kevin Dean Young during his murder trial in 1989
and his task was to defend Kevin against the murder charge and attempt
to avoid a death sentence.
Kevin’s case is another example of both ineffective legal representation
for poor defendants and the racial disparities in the implementation of
the death penalty.
Kevin was charged with the 1988 murder of Dennis Hepler. During the
trial process James Mann did not coordinate his strategy with Kevin. Like
a good prosecutor, Mann started his opening statement with the clear argument
that the defendant was “technically” and “morally” guilty of murder. This
concession of guilt was issued without the consent of Young and despite
the uncertainty which remained about the question if Kevin or co-defendant
William Bell fired the fatal shot.
The District Court later stated that during the guilt phase James Mann
“abandoned his role as a ‘defense’ attorney and reverted to his long role
as a prosecuting attorney.”
Even after the trial Kevin’s chances were reduced by ineffective assistance
of counsel.
His post-conviction lawyers Christopher Olsen and Douglas Patrick did
not met the the statutory qualifications. Neither met the mandatory criteria
of the South Carolina Uniform Post-Conviction Procedure Act, which requires
that, in capital state post-conviction relief actions, “at least one of
the attorneys appointed to represent applicant must have previously represented
a death row inmate.”
It was a black-on-white crime and African-Americans were underrepresented
on jury. A June 1998 study of the Death Penalty Information Center shows
that of the Chief District Attorneys in all U.S. counties, 98 percent are
white. Between 1983 and 1993 the rate at which eligible black defendants
were sentenced to death was nearly 40 percent higher than the rate for
other eligible defendants.
Please Contact
Governor Jim Hodges
Governor’s Office
P.O. Box 11829
Columbia, SC 29211
phone: (803) 734 9400
fax: (803) 734 9413
e-mail: [email protected]
web: www.state.sc.us/governor
Parole Board
P.O. Box 50666
Columbia, SC 29250
phone: (803) 734 9278
fax: (803) 734 9440
web: www.state.sc.us/ppp/index.html
The Post and Courir
134 Columbus Street
Charleston, SC 29403
phone: (843) 937 5581
fax: (843) 937 5579
web: www.charleston.net
e-mail: www.charleston.net/about/emaillist.html
The State
PO Box 1333
Columbia, SC 29202
phone: (803) 771 7653
fax: (803) 771 8363
e-mail: [email protected]
web: www.thestate.com
South Carolina Center for Capital Litigation
P.O. Box 11311
Columbia, SC 29211
contact: David Voisin
phone: (803) 765 0650
fax: (803) 765 0705
Texas
Jeffrey Dillingham (TX) executed
Nov.1, 2000…7:00pm (EST)
Three people were involved in the killing of Caren Koslow in 1992.
One of them received the death penalty.
Kristi Koslow, Caren’s daughter, orchestrated the killing with the
intent to gain a $12 million inheritance. She was sentenced to life in
prison for capital murder.
Brian Salter, Kristi’s boyfriend at the time of the crime, pleaded
guilty to capital murder and was sentenced to life in prison.
Jeffrey Dillingham, 19 years-old at the time of the crime, was also
convicted of capital murder and was sentenced to death.
Robert Ford, who has represented Jeffrey in his appeals argues that
“three people were involved in this crime, and he is the only one facing
execution.”
Jeffrey had no criminal conviction at the time of his arrest. During
the trial, his defense requested to inform the jury that if he did not
receive the death penalty he would have been automatically sentenced to
life in prison. The request was denied and Jeffrey was sentenced.
Gary Wayne Etheridge (TX) stay
of execution
Nov.8, 2000…7:00pm (EST)
“I’ll tell you what I think. It will clean up a piece of garbage. You’re
nothing but a blight on society. That’s all you are. You are going to die,
young man, sooner or later, by lethal injection.” These are the words that
Gary Etheridge heard as he was being lead from the courtroom after a jury
took only two hours to decide that he should get the death penalty. Those
harsh words were spoken in front of about 100 observers by state District
Judge J. Ray Gayle III who presided over the trial and sentencing.
Etheridge was convicted of the robbery, rape and murder of Christie
Chauviere, the teenage daughter of a project manager where he worked. Hours
before the crime he brought drugs and spent the afternoon getting high
on cocaine and heroin with friends at various locations. Desperate for
more drugs, he drove to the Chauviere’s home to get some money.
Etheridge alleges that he did not go to the house alone. He says that
he stayed in one part of the house begging for money and an advance on
his paycheck while his partner killed Christie. He expressed remorse for
his part in the crimes and said that when he went to the Chauviere’s house
he only wanted money and had not intended for anyone to get hurt.
Miguel Flores (TX) executed
Nov.9, 2000…7:00pm (EST)
“When one considers the conduct of Flores’s trial attorney, it takes
little inquiry to determine that this case is troubling…What separates
the executioner from the murderer is the legal process by which the state
ascertains and condemns those guilty of heinous crimes. If that process
is flawed… the legitimacy of our legal process is threatened.”
(Fifth Circuit Court Judge Emilio Garza)
Miguel Angel Flores is a young Mexican national facing execution in
Texas on November 9, 2000. The many unresolved issues in his case
raise profoundly disturbing questions about the fairness of his trial and
sentencing, questions which the US Supreme Court must resolve in the interests
of fundamental justice.
This case illustrates three basic flaws that undermine the Texas death
penalty system: incompetent defense lawyers, unreliable sentencing, and
a reckless disregard for binding treaty obligations which guarantee the
consular rights of all foreigners– including US citizens abroad.
Miguel Flores was sentenced to death for the 1989 sexual assault and
murder of
Angela Tyson in the small Texas Panhandle town of Borger. Despite the
severity of the crime and the understandable outrage that it generated
in the community, Flores’ court-appointed attorney utterly failed in his
duty to prepare for both phases of the trial. The attorney sought no co-counsel
to assist him and neglected to fully investigate and present compelling
evidence about his client’s background, state of mind and character– essential
elements in every death penalty trial. The jury thus never learned that
Miguel had an unblemished record and many positive personal attributes:
persuasive evidence that jurors must be allowed to consider when making
the individualized life-or-death decision required of them by law.
In Texas, the death penalty may only be imposed if the jury is unanimously
convinced that the defendant poses a future danger to society, after reviewing
all of the available evidence. Faced with the total absence of any past
violent acts, the prosecution relied instead on the scientifically worthless
testimony of a paid “expert,” the notorious Dr. Clay Griffith. He assured
the jury that Miguel would certainly be a danger in the future, without
evaluating or even meeting the defendant–in glaring violation of medical
ethics, minimum psychiatric standards and the legal requirements for expert
witnesses. Extensive psychiatric testing after Miguel’s trial and his excellent
disciplinary record while on death row have completely destroyed the credibility
of Dr. Griffith’s prediction.
The inexcusable failure of Texas authorities to inform Miguel Flores
of his right to consular assistance had catastrophic consequences. The
Mexican Consulate would have explained his legal rights to him in his native
Spanish and would have ensured that all of the vital mitigating evidence
was presented to the jury by competent counsel. Deeply concerned over the
widespread failure of US authorities to respect the consular rights of
its citizens, the government of Mexico is filing a brief in support of
Miguel’s Supreme Court appeal. If the Court declines to hear the case,
Miguel Flores’s last chance for justice will rest with the Texas Board
of Pardons and with Governor George W. Bush.
For further information on the Flores case, please contact his attorneys:
Richard Ellis, tel.(415)-389-6771; FAX: (415) 389-0251, e-mail:
[email protected]
Elizabeth Cohen, tel (512) 217-2873 or (512) 406-6173, e-mail: [email protected]
(note: This alert was provided by Mike Warren, Amnesty International)
Stacey Lawton (Texas)-B/? executed
November 14, 2000
“I am an African-American, I have dread locks in my hair, I am the
only one on Texas Death row who has them… I love to work out and stay in
shape, I love to read, write, sing, and play basketball.” (Stacey Lawton’s
website at www.ccadp.org)
Stacey Lawton was 22 years-old when he was charged with the 1992 murder
of Dennis L. Price. A recent investigation by the Dallas Morning
News found “that nearly 1 in 4 condemned inmates has been represented at
trial or on appeal by court appointed attorneys who have been disciplined
for professional misconduct at some point in their careers. Others
have been represented by court provided attorneys who dozed off at trial,
failed to investigate the case, or put in minimal preparation”. There
are insufficient statewide standards and funding for lawyers handling death
penalty cases which means that poor defendants who can’t afford a private
attorney are more likely to get the death penalty.
Stacey Lawton is one of many who did not receive adequate legal representation
and therefore was prevented from getting a fair trial. In the direct
appeal filed on Mr. Lawton’s behalf to the Texas Court of Criminal Appeals,
his lawyers gave contradictory statements. The court noted at several
points “that appellants argument is poorly, if not inadequately, briefed.”
Stacey is now scheduled to be executed October 4, 2000.
Tony Chambers (TX) executed
Nov. 15, 2000…7:00pm (EST)
November 19, 1990 11 year-old Carenthia Bailey attended a basketball
game at a middle school. When she did not return home her grandfather informed
her mother who then filed a missing persons report. On November 21, Carenthia
was found raped and murdered in the woods near the school.
Some people at the game said they saw Tony Chambers talking to Carenthia.
He soon became the sole suspect and during several police interrogations
confessed to the crime.
The county where Tony was convicted, Smith County is one of those “system[s]
of criminal law enforcement” that depends upon confessions for criminal
convictions. In at least three instances in the recent past, that dependence
has led to accusations or convictions of innocent men. One of the officers
involved in obtaining the crucial confessions from Tony was also involved
in those cases.
Tony’s life has been filled with physical, emotional and psychological
violence and wanton neglect. When Tony was 18 months-old his mother’s boyfriend
who spent a lot of time in and out of prison threw him across a room and
into a wall while arguing with his mother. Although Tony’s biological father
was not known to be physically violent, when he was around he used to do
things like pin Tony down and blow marijuana smoke into his face until
he gasped for breath. Tony was also beaten severely by his mother until
he was 12 and has a low IQ.
As a survivor of severe child abuse, he learned to do whatever it took
to get out of potentially damaging situations.
Tony has been examined by a psychologist, who confirmed his susceptibility
to confessing to something he did not do. The videotape of his confession
shows Tony doing exactly what the officer told him to.
Seven months after Tony was arrested, his attorney was successful in
getting the Trial Court to order samples of his blood, hair and saliva
sent to a forensic science lab for testing. The results of the physical
evidence testing did not connect Tony to the crime.
In one of his initial statements to the police Tony gave them the name
of two other men that were with him on the day of the crime. The police
met with these men to get their statements and testimony against Tony at
trial. However, neither of them were asked to provide test samples.
Jean Paul Penry (TX) stay
of execution
Nov. 16, 2000…7:00pm (EST)
“I like the way it is,” said George W. Bush when he and a majority
of politicians from Texas rejected a law which would prohibit execution
of the mentally retarded. Over 30 such inmates have been executed since
1976 and John Paul Penry could be the next. Convicted of the rape murder
of Pamela Carpenter in 1979 his execution date is set for November 16th
.
Johnny is seriously mentally retarded. His brain damage is thought
to date back to the womb. His mother nearly died in childbirth from blood
loss. Later, she brutalized her son. Johnny was beaten with a belt and
burned with cigarettes. Sometimes she locked him in a small chamber. And
would not let him eat, drink or go to the bathroom.
At the time of the crime, John was a 22 year-old operating at the mental
level of a six year-old. His IQ is in the 50s and he is barely able to
rad and write. His formal education ended before he completed the first
grade.
Johnny had to learn how to make a signature before he could sign the
murder confession police officers wrote for him. The police interrogation
lasted eleven hours and Johnny had no attorney present.
On the basis of this confession, Johnny was sentenced to death in 1981.
In 1988, his first execution date was delayed by the Supreme Court in order
to decide whether or not the Eighth Amendment precludes executing the mentally
retarded. It was decided that mental retardation does not bar execution
prima facie, but that it is a factor which should be considered during
the sentencing phase of a trial. John got a new trial, but after only two
and a half hours he was sentenced to death again.
Polls have shown that more than 70 percent of the state’s population
opposes executing the mentally retarded. As governor Bush’s quest for the
White House continues, please remind him that public opinion does not support
executing inmates with mental retardation as severe as John Paul Penry’s.
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
Austin American Statesman
PO Box 670
Austin, TX 78767
phone: (512) 445 3500
fax: (512) 445 3679
e-mail: [email protected]
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]
Further
Upcoming Execution Dates:
December 5, 2001:
Gary Miller (TX)
December 6, 2001:
Daniel Hittle (TX)
December 6, 2001:
Christopher Goins (VA)
December 7, 2001:
Russel Tucker (MO)
December 7, 2001:
Claude Howard Jones (TX)
December 12, 2001: Juan Raul
Garza (TX)
January 4, 2001:
Robert Clayton (OK)
January 9, 2001:
Eddie Trice (OK)
January 9, 2001:
Jack Wade Clark (TX)
January 11, 2001:
Wanda Jean Allen (OK)
January 16, 2001:
Floyd Medlock (OK)
Janaury 18, 2001:
Dion Smallwood (OK)
January 22, 2001:
Steven Anthony Butler (TX)
January 31, 2001:
Philip Workman (TN)
National
Execution Alert Staff:
Production:
Stefan Wellgraf
Writers:
Stefan Wellgraf
Tonya McClary
Editors:
Terrance Pitts
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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