Day: June 25, 2013

Why do we keep executing people? By Thomas Cahill, Special to CNN


June 25, 2013

Editor’s note: Thomas Cahill is the author of the Hinges of History series, which begins with “How the Irish Saved Civilization.” Volume VI in the series, “Heretics and Heroes: How Renaissance Artists and Reformation Priests Created Our World,” will be published at the end of October. He has also written “A Saint on Death Row” about his friend Dominique Green, who was executed by the state of Texas.

 

(CNN) — Killing people by lethal injection will soon be as distant a memory as burning heretics at the stake and stoning adulterers — at least throughout the civilized world. No country that employs the death penalty can be admitted to the European Union, and the practice dwindles daily.

 

But despite the growing worldwide revulsion against this lethal form of punishment, Texas and a handful of other states continue to take their places among such paragons as North Korea, China, Yemen and Iran in the club of those who attempt to administer the death penalty as a form of “justice.”

 

Thomas Cahill

Thomas Cahill

 

Indeed, Texas is way ahead of all other states in the administering of such justice. At the end of this month, under the leadership of Gov. Rick Perry, the state is expected — if all appeals fail — to celebrate its 500th judicial killing since our Supreme Court in 1976 reinstated the death penalty as a legitimate form of “justice,” despite the fact that an earlier court had determined that the death penalty was “cruel and unusual punishment.”

 

Death row diary offers a rare glimpse into a morbid world

 

No one doubts that the woman who is scheduled to be executed on Wednesday, Kimberly McCarthy, is guilty of the 1997 murder of her neighbor, a 71-year-old woman and a retired college professor. Although we know that upwards of 10% of all death row prisoners are later exonerated for the crimes for which they have been convicted, Kimberly McCarthy will not be one of them. So, why shouldn’t we kill her?

 

For the same reason Warden R.F. Coleman gave to reporters on February 8, 1924, the day the official Texas Death House was inaugurated with the electrocution of five African-American men. Said Coleman then, “It just couldn’t be done, boys. A warden can’t be a warden and a killer, too. The penitentiary is a place to reform a man, not to kill him.”

 

Warden Coleman resigned rather than pull the switch. Sadly, so many others have failed in the many years since then to follow his heroic example.

And let’s not equivocate: Often, and in every age, doing the right thing requires heroism.

 

Kimberly McCarthy is a black woman. Black people are disproportionately represented on death row, as are blacks imprisoned throughout this country. Many would say (at least in a whisper) that black people are more prone to crime and violence than are white people.

 

But as a historian, I know that there was a time, long ago, when my people — Irish-Americans — were deemed to be more prone to crime and violence than were others. This was in the years after the potato famines of the 19th century that brought so many desperately poor Irish people to these shores.

 

The police in New York City became so inured to arresting Irishmen that they began to call the van they threw the arrestees into “the Paddy Wagon,” a name that has adhered to that vehicle ever since.

 

But who today would care (or dare) to make a case for exceptional Irish criminality? The immigrating Irish were more prone to criminality not because of some genetic inheritance, but because they were so very poor, so neglected, so abandoned. When I see a vagrant today, snoring on a park bench, clothed in rags and stinking, I think to myself: Whatever happened to this guy, whatever the history that dropped him on this park bench, no one loved him enough when he was a child.

 

His parents, if he had parents, were too taken up with the pain of living, with the struggle for survival, with their own hideous fears, to tend to him adequately, if at all. No one came to rescue this child, give him enough to eat, adequate shelter, a caring environment — the love that everyone needs in order to grow.

 

We — the larger society — have a profound obligation to such people, an obligation we have largely ignored. Many other societies in the Western world devote considerable resources to keeping poor children (and their parents) from despair. As an American friend of mine who lives in Denmark says: “In Denmark we tax the rich, but everyone is comfortable.”

 

Not everyone is comfortable in the United States. Many children live below the poverty line, millions of them without enough food or adequate shelter and with almost no attention to their educational needs. As for their emotional needs, are you kidding me?

 

If Texas would pay attention to the needs of all its children, if we would all do the same for all our children, if we would only admit that every child needs to be loved and that we are all obliged to help ensure this outcome, our world would change overnight. We would certainly not need our electric chairs and nooses and lethal injections. We could then say what the poet-priest John Donne said as long ago as 1623, “Any man’s death diminishes me because I am involved in mankind.”

 

Any man’s death. Any woman’s death. Any child’s despair.

 

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Texas town where detention and death is a way of life


Texas town where detention and death is a way of life

With 7 prisons, a cemetery for dead inmates and its infamous execution chamber, the business of detention and death is a way of life in the Texas town of Huntsville.

In this neat and tidy city north of Houston, prisoners recognizable by their white uniforms, maintain public green spaces under a blazing sun and the gaze of a guard, sitting on the edge of a car.

“These are trustees,” says the corrections officer. The inmates in question are low-level criminals convicted of crimes such as car theft or burglary.

Out of Huntsville’s population of 38,000 people, 14,000 are prisoners while a further 6,000 are guards or employees of the Texas Justice Department.

Instead of tourist signs pointing out antique shops, the tomb of famous Texas Governor Sam Houston, or other places of interest, a visitor is guided to the various prisons: the Wynne Unit, the Byrne Unit, Hollyday Unit.

“Prison, it’s an industry here,” says Kathreen Case, executive director of the Texas defender service. “It is their industry, it is amazing how many people can earn their lives out of it.”

Prisons generate 16.6 million dollars in wages per month, while nearly 200 educators from the Windham School District contribute another 740,000 dollars each month to the local economy, according to the local Chamber of Commerce.

“It’s a prison town, everybody knows somebody that works in the prison system,” says Gloria Rubac, an activist who campaigns for the abolition of the death penalty in Texas. “It’s a very prison-oriented town.”

Prisoners are put to work in a number of schemes, doing everything from manufacturing their own clothes or the uniforms of prison guards to feeding and raising chickens.

“If we didn’t have the prison system and if we didn’t have the university, I don’t know if you’d even have a traffic light in this town,” said Jim Willett, former warden and commissioner at the Walls Unit, the oldest of 7 prisons.

An imposing building guarded by high red brick walls, the Walls Unit is set just a short distance from downtown Huntsville.

In the northeast corner of the building, topped by a watchtower, is the execution chamber, reveals Willett, who gave the green light to 89 executions in his 30-year career.

The clock on the facade of the building is the usual gathering point for anti-death penalty activists ahead of each execution.

They will gather again here Wednesday for the 500th execution scheduled since the reinstatement of the death penalty in the United States in 1976.

Previously, those sentenced to die were also imprisoned at the facility, but due to over-crowding amid soaring convictions, they were transferred to the Ellis Unit and later to the maximum security Polunsky Unit.

A few hours before execution, the prisoner is taken from death row, a concrete fortress topped by razor wire where narrow slits are the only openings to the outside world, and transferred to the Huntsville execution chamber.

The condemned prisoner’s final journey is a scenic route along the shores of Lake Livingston, surrounded by cedar forests. The precise route of a prisoner’s final journey is never revealed for security reasons.

Since his retirement, Willett has taken over responsibility as curator for the Huntsville prison museum, one of the most popular stops on the tourist trail, where exhibits include the final words of those executed.

Pride of place is given to “Old Sparky” the nickname for the electric chair, which was responsible for sending 361 prisoners to their deaths before its use was discontinued in 1965.

Large syringes and straps on display reflect Texas’s transition to the use of lethal injection as the preferred method of execution.

A gift shop sells mugs and T-shirts with death row symbols as well as novelty items notable for their black humor, including “Solitary Confine-mints.”

A couple of blocks away is Hospitality House, a charitable organization run by 2 baptist pastors which aims to offer support to the families and loved ones of those who are condemned to death.

“The families shouldn’t be punished,” says Debra McCammon, the executive director of Hospitality House, describing them as “the other victims of crime.”

It is also here that the prison chaplain prepares families in order to avoid “hysteria or panic” during executions.

A guided tour of the city’s jails ends with the cemetery of prisoners, situated on a green hill shaded by sycamore trees.

Some 3,000 concrete crosses have been erected at the site since the 1st burials in the 19th century. Many graves are anonymous, while some are identified only by their prisoner number.

Others carry a single 1-word epitaph: “Executed.”

(source: Global Post)

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Kitzhaber fails to rally Oregonians, Legislature to overturn death penalty- Larry Haugen


The Oregon Supreme Court has ruled. Gary Haugen will not yet die at the state’s hand.

The court’s ruling seems reasonable. Gov. John Kitzhaber has the authority to grant a reprieve of Haugen’s execution even though Haugen doesn’t want it; and the uncertainty of sitting on death row does not constitute unconstitutional punishment, as Haugen contended.

“Moreover, Haugen cites no case that suggests that a reprieve or other act of clemency qualifies as cruel and unusual punishment,” states the unanimous opinion written by Chief Justice Thomas Balmer.

Yet the greater issue remains unresolved: Should Oregon retain the death penalty?

In 2011, Kitzhaber took a courageous stand. He declared that no one would be executed on his watch, including double murderer Haugen, whose date with death was only weeks away.

Kitzhaber, who during his previous gubernatorial tenure had overseen the state’s two most recent executions, called for a statewide debate on capital punishment.

“Fourteen years ago, I struggled with the decision to allow an execution to proceed,” he said at the time. “Over the years, I have thought if faced with the same set of circumstances, I would make a different decision. That time has come.”

He challenged the 2013 Legislature to reform the death penalty or to end it.

And then he fell silent.

The years 2011 and 2012 passed without any such statewide debate. And now the 2013 Legislature will exit the Oregon Capitol with the state’s capital punishment laws unaltered.

Certainly, the governor had numerous other issues on his agenda, and his aides have said there was little political will among legislators to confront capital punishment. But if the death penalty were as inequitable and repugnant as the governor contended — if sparing the life of a despicable person such as Haugen were preferable to achieving final justice — then Kitzhaber had the moral obligation to carry that case to the Oregon people.

Because on the issue of capital punishment, Kitzhaber is right.

The death penalty is a barbaric act, lowering the state to the level of those who kill in retribution. It is applied unequally, with appeals taking so long that Oregon death-row inmates will not be executed unless they volunteer.

And the alternative, life imprisonment, is such a severe punishment that even an inmate such as Haugen would prefer execution.

Yet capital punishment, or the illusion of it, persists in Oregon.

2012

 

 

 

Oklahoma – Upcoming execution – Brian Darell Davis june 25, 2013 – EXECUTED 6:25 PM


June 14, 2013

Oklahoma Governor Mary Fallin has chosen not to follow the recommendation of the Oklahoma Pardon and Parole Board.The Board recommended that death row inmate Brian Davis have his sentence commuted to life in prison without the possibility of parole.Governor Fallin has decided that the execution will proceed as scheduled.

June 7, 2013

The Oklahoma Pardon and Parole Board voted 4-1 to recommend that death row inmate Brian Davis have his sentence commuted to life in prison without the possibility of parole.The Board’s recommendation now goes to Oklahoma Governor Mary Fallin for approval or rejection.Governor Fallin can also grant up to two, 30-day temporary stay of executions in order to review the case before making her final decision.

May 7, 2013

Brian Darrell Davis is scheduled to be executed at 6 pm CDT, on June 25, 2013, at the Oklahoma State Penitentiary in McAlester, Oklahoma.Thirty-nine-year-old Brian is convicted of raping and killing 52-year-old Josephine “Jody” Sanford on November 4, 2001, at his Ponca City, Oklahoma, apartment.Brian has spent the past ten years living on Oklahoma’s death row.

Brian Davis returned home from a night out with friends at a local club in the early hours of November 4, 2001.Davis discovered that his girlfriend, Stacey Sanford, and their three-year-old daughter were missing.Davis, concerned, called Stacey’s mother, Jody Sanford, to see if she knew where they were.Jody told Davis that she did not know.Ten to fifteen minutes later, Davis called Jody again, asking if she would go find them.When Jody was unable to locate them, she went to Davis’s apartment.

The next morning, shortly after 9 am, Stacey returned to the apartment and found her mother dead.Stacey immediately called the police who began investigating.Meanwhile, Davis, while driving Jody’s van, was involved in a single car accident and seriously injured when he was ejected through the front windshield.Davis was arrested and his blood alcohol level was determined to be .09 percent.Davis was transferred to a Wichita hospital for treatment.

What happened from the time Jody arrived to the time that Stacey found her is unclear, as Davis made several conflicting statements of the events that transpired.In his initial statement, given the day of the accident, Davis remembered Jody arriving at the apartment, but nothing after that until he woke up after the accident.Two days later, Davis was again interviewed by the police.Davis initially repeated that he did not remember, however, during questioning, his memory seemed to improve.

Davis said that Jody came over and the two began to talk about religion and his relationship with Stacey.Davis, angry, informed Jody that he was not committed to Stacey.The two began to argue.According to Davis, Jody stood up and continued to “lecture” him.Davis got angrier, accused her of being “in his face” and told her to “back up,” pushing her backwards.Jody then grabbed a knife and cut Davis’s thumb.Davis hit her on chin, likely causing a fracture to her jawbone, and grabbed at the knife.During the struggle for the knife, Davis was cut.Davis eventually got possession of the knife and told Jody to get back, stabbing her in the stomach.Davis and Jody wrestled down the hallway, resulting in Jody being stabbed in the leg.

The two ended up in the bedroom, where Davis told Jody to stop and put the knife down.Jody agreed, if Davis would let her go.When Davis let her go, she ran towards the knife, but Davis grabbed it first, stabbing her in the left side.Jody then told Davis she could not breathe.Davis instructed her to lie down and wrapped her up in a blanket, saying it was to keep her from bleeding to death.Davis said he heard her stop breathing, but then fell asleep.When Davis woke up, he claims he panicked and fled in Jody’s van so he could figure out what to do.

One of the detectives interviewing Davis, showed him evidence that Jody had been chocked and/or strangled.Davis admitted it may have happened while they were wrestling.Davis adamantly denied having sex with her.

In the months that followed, Davis told three different stories to Stacey.First, he claimed he thought Jody was an intruder.Later, he told her a story similar to the one he told the detectives.After DNA testing showed that Davis had sexual intercourse with Jody, Davis told Stacey, that Jody came over and was upset about her husband’s infidelity.Davis claims he tried to comfort her and the two ended up having sexual intercourse.After the encounter, Davis claims he was struck on the back of the head by Jody and events unfolded from there.

A trial, Davis told yet another version, similar to the last story he had told Stacey, but with more details.Davis also maintained that he did not intend to kill Jody; he was just trying to defend himself.

This was not Davis’s first encounter with the police.In 1995, Davis was twice convicted of rape.Also in 1995, he was convicted of unlawful possession of cocaine.He was released after serving two years.