Inmates on the death row

North Carolina wants easier, more secretive executions


The national debate over capital punishment has proceeded in a variety of disparate directions, with some states deciding to end the practice altogether. But in North Carolina, the Republican-led legislature has apparently concluded that the status quo on executions needs to be tweaked in a more alarming way – making it easier for the state to kill people with greater secrecy.
With little debate, the North Carolina Senate voted along party lines 33-16 Monday night to approve a bill aimed at restarting executions in the state.
The legislation, House Bill 774, would repeal the current law requiring that a physician be present to monitor all executions …. The bill would also remove from public record the names of companies that make, supply or deliver the drugs used in lethal injection, and it would exempt the execution protocol itself from the oversight of the state’s Rules Review Commission.
There would be no public oversight of the protocol, nor would that information – from the types of drugs to the doses to the sequence – be required to be made public.
According to local reports, North Carolina hasn’t been able to kill any of its prisoners since 2006, in large part because doctors in the state balked, creating a de facto moratorium.
So, GOP state lawmakers determined that if state law requires doctors to oversee executions, and doctors won’t go along, it’s time to change the law so that doctors need only sign the death certificate after the execution takes place. Instead, the new state law would allow physician assistants, nurse practitioners, or EMTs to monitor the executions.
As for the secrecy, North Carolina has a Public Records Act, but this new push would create an exception to the state law – when North Carolina kills prisoners with a chemical cocktail, the contents can be kept secret. The names of the pharmaceutical companies that supply the drugs will also be hidden from public scrutiny.
The name of the legislation is the “Restoring Proper Justice Act,” apparently because its sponsors’ sense of humor leans towards the macabre.
A report from the News & Observer added that the state House, which also has a Republican majority, has already approved a similar measure, but the 2 versions will have to be reconciled and passed in each chamber.
Gov. Pat McCrory (R) has not yet said whether he intends to sign the bill. The state currently has 148 people who’ve been sentenced to death.
Source: MSNBC news, July 30, 2015

LIFE AFTER DEATH ROW The resurrection of Damon Thibodeaux


The executioner haunts Damon Thibodeaux.

Nightmares yank him back to the 8-by-10-foot cell that confines him to solitary 23 hours a day. Loneliness overwhelms him; despair crushes his spirit. He wants to scream: “I’m innocent.” He knows it won’t matter.

The guards come for him, strap him to the table and push a needle into his arm. A lethal serum flows into his veins. Soon it will be over.

He jolts awake, his heart pounding.

The prison chains are gone and he’s lying in his one-room Minneapolis apartment, 1,200 miles from the Louisiana penitentiary where he waited to die for a murder he didn’t commit.Video (02:15): Thibodeaux begins again and finds freedom on the road.

Thibodeaux is free from death row. Now, after more than 15 years in prison, will he be able to find his place in a world that raced ahead without him? Can he break free of a past that for so long kept him in chains?

A girl goes missing

It was a hot Louisiana summer day on Thursday, July 18, 1996, and Thibodeaux was a 22-year-old deckhand on a Mississippi River barge. After work that day, he went to visit relatives — Dawn and C.J. Champagne. He had come to New Orleans three weeks earlier for a wedding, then stayed to be closer to his mother and his sister and to work on the river.

After drinking late into the night, Thibodeaux slept at the Champagnes’ apartment. He was still there at 5:15 Friday afternoon when their 14-year-old daughter, Crystal Champagne, left to walk to a nearby Winn-Dixie supermarket.

She never returned.

Thibodeaux and the family scoured the neighborhood through that night and into the next day while the Jefferson Parish Sheriff’s Office launched an investigation. Thibodeaux had returned to his mother’s home to sleep when sheriff’s deputies knocked on his door, searching for answers.

Thibodeaux wanted to find Crystal, his step-cousin, as much as anyone and agreed to go with them and answer questions.

Minutes later, the missing-person case became a murder investigation. A former neighbor of the Champagnes found the girl’s body in a wooded area along the Mississippi River beneath the Huey P. Long Bridge, about 5 miles from the family’s home in Westwego.

Thibodeaux, whose only previous run-ins with the law were for two misdemeanor marijuana possession convictions, waived his right to an attorney and spent the next 2½ hours sitting alone in a room, anxious and exhausted. He hadn’t eaten or slept much over the past 30 hours.

Court records and interviews reveal what happened next. The investigators hammered him about the girl’s death. When he said he knew nothing about it, they accused him of lying. They told him that Crystal’s family didn’t corroborate his whereabouts or his story. They said the evidence showed he raped and murdered the girl. They suggested he might not remember, that sometimes people black out and kill their victims without even knowing it.

And the polygraph test that he took at 1 a.m.? They told him he failed it.

Thibodeaux fell to the floor, spent and afraid.

Investigators told him he would be labeled a child rapist and murderer in prison. They graphically described a three-drug execution cocktail that would drip into his veins and burn. Confess, they said, and he might get leniency.

“They were never going to let me out until I gave them what they wanted,” Thibodeaux said. “It’s not about what you believe you did, it’s about trying to get away.”

No evidence, but a confession

At 4:40 a.m. Sunday, after nine hours of interrogation, Thibodeaux confessed, stitching together a story with details he gleaned from his interrogators.

“I didn’t — I didn’t know that I had done it,” he told investigators. “I would say that I got scared, so I killed her.”

He passed out on the way to jail. “When I woke up, I knew the damage was done,” he said. “You can scream as loud as you want, but no one is hearing.”

Within 36 hours, new facts about the crime emerged — details that didn’t match Thibodeaux’s confession.

He confessed to rape; the autopsy showed no sexual contact. He said he used his hands to choke her; the autopsy showed she wasn’t choked by hand. He said he hit her with his hand; the autopsy showed she was bludgeoned with a heavy object, her skull fractured. He said he left her lying face down; she was left face up.

Six weeks later, forensic results on 86 pieces of physical evidence confirmed there was no rape, no sexual contact and nothing that connected Thibodeaux to the girl, her body, clothing or crime scene.

But prosecutors had his confession to rape and murder.

“A confession is the most powerful, incriminating evidence law enforcement can obtain,” said Steve Kaplan, a Minneapolis lawyer who later became one of Thibodeaux’s lead post-conviction attorneys. “Once the jury hears that confession, you’re 95 percent on your way to conviction. The average juror can’t believe anyone would give a false confession, especially to a heinous crime.”

But since 1989, the Innocence Project has found that 31 percent of 330 DNA exonerees were convicted based on false confessions, admissions or guilty pleas.

Many who falsely confess said they did so thinking it would put a stop to a grueling interrogation. They believed the truth would come out later.

Thibodeaux’s trial began on a Monday — Sept. 29, 1997, a little more than a year after his arrest. That Friday, the jury deliberated an hour and returned with its verdict: guilty of first degree murder.

The words numbed Thibodeaux.

The next day, the jury found him guilty of aggravated rape while murdering the 14-year-old. He was sentenced to die.

Shackled and riding in the back of a squad car to Louisiana State Penitentiary at Angola., he kept his eyes on the night sky. He never expected to see stars again.

Making peace with death

Amid the monotony and isolation of death row, Thibodeaux spiraled into a void he couldn’t escape. Like a zoo animal, he paced. Five steps each way around the cell — one, two, three, four, five, turn. When the sweltering summer heat pushed the temperature past 100, he sat motionless for hours.

“It’s about as lonely as it gets. You miss the sense of touch,” he said. “The walls start to close in on you. You watch friends walk away to be executed. One day they would come for me.”

Not wanting to prolong the misery, Thibodeaux decided against launching a string of appeals that likely would keep him languishing on death row for decades.

“The grave is the only way out,” he said.

Then Denise LeBoeuf, an attorney working for the Capital Post-Conviction Project of Louisiana, walked into his life.

She sat in the prison visiting room, looking at a man who seemed more like a boy behind large wire-rimmed glasses. He was thin, depressed, fragile-looking, she said. She was convinced Thibodeaux was innocent and wanted a chance to prove it.

He decided to let her try.

Even after Thibodeaux’s routine appeals were denied, LeBoeuf refused to give up. Others joined forces with her and colleague Caroline Tillman. The Minneapolis law firm Fredrikson & Byron, having recently lost a death-row case in Louisiana, dedicated its resources to the fight on a pro bono basis. The Innocence Project and its co-founder, New York lawyer Barry Scheck, also signed on.

For the first time in Thibodeaux’s life there were people who believed in him, and were ready to fight to save him.

Thibodeaux got up one morning and sat on the edge of his prison cot, staring at the cigarette in one hand, the lighter in the other.

“Man, I’m tired of this,” he thought, and tossed the cigarettes. He began exercising.

He counted out push-ups, jumping jacks, squats and situps. He threw his trial transcript and some magazines in a laundry bag and lifted the weight. During the three hours a week he was allowed in the yard, he ran within the confines of the fence.

Read the Bible. Make coffee using a handkerchief for a filter. Clean the cell. Brush teeth. Wash face. Exercise. Read. Do puzzles. Exercise. Shower. Clean the cell again. Listen to the radio. Read.

Routine gave him focus; religion and faith in his legal team gave him the will to survive another day. “We all have to have something to believe in,” he said.

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Critics of Solitary Confinement Buoyed as Obama Embraces Cause


July 21, 2015

WASHINGTON — Before he was exonerated of murder and released in 2010, Anthony Graves spent 18 years locked up in a Texas prison, 16 of them all alone in a tiny cell.

Actually, he does not count it that way. He counts his time in solitary confinement as “60 square feet, 24 hours a day, 6,640 days.” The purpose, Mr. Graves came to conclude, was simple. “It is designed to break a man’s will to live,” he said in an interview.

An estimated 75,000 state and federal prisoners are held in solitary confinement in the United States, and for the first time in generations, leaders are rethinking the practice. President Obama last week ordered a Justice Department review of solitary confinement while Congress and more than a dozen states consider limits on it. Justice Anthony M. Kennedy, in a Supreme Court ruling last month, all but invited a constitutional challenge.

“Do we really think it makes sense to lock so many people alone in tiny cells for 23 hours a day, sometimes for months or even years at a time?” Mr. Obama asked in a speech at a convention of the N.A.A.C.P. in Philadelphia, where he called for an overhaul of the criminal justice system. “That is not going to make us safer. That’s not going to make us stronger. And if those individuals are ultimately released, how are they ever going to adapt? It’s not smart.”

Photo

Anthony Graves, left, at a Senate Judiciary Committee hearing on solitary confinement in 2012. Mr. Graves spent 16 of his 18 years in a Texas prison in solitary confinement before being exonerated in 2010. CreditJonathan Ernst for The New York Times

While other changes to the justice system would require Congress to act, this is one area where the president has at least some latitude, although it is uncertain how much. Either way, it could be a test of his drive in his final 18 months in office to remake America’s prisons. In his N.A.A.C.P. speech and during a visit to a federal prison, the first by a sitting president, Mr. Obama expressed a concern for the lives of prisoners that few, if any, of his predecessors have shown.

“No president has ever suggested that there’s anything problematic about solitary confinement, that we should be studying it or that it’s overused,” said Margaret Winter, associate director of the American Civil Liberties Union’s National Prison Project. “I feel like that has got to be some sort of a tipping point.”

The Rev. Ron Stief, executive director of the National Religious Campaign Against Torture, called the moment “a game changer.” He said: “We’ve been saying for decades, ‘It’s time,’ and it really feels now like it is time. The silence has been broken.”

Studies have found that solitary confinement exacerbates mental illness and that even stable people held in isolation report experiencing psychiatric symptoms, including anxiety, depression, anger, self-cutting or other acts of self-harm, or compulsive actions like pacing or cleaning a cell over and over.

“When they get out, they are broken,” said Dr. Terry Kupers, a psychiatrist in California who consults on prison conditions and mental health programs. “This is permanent damage.”

Cornell William Brooks, the president of the N.A.A.C.P., said prolonged solitary confinement amounted to torture. “Putting someone in solitary confinement does horrible things to a person’s personality, their psyche, their character,” he said. “It might be said that condemning a person to solitary confinement treats a person as an animal. And so that they emerge from such treatment exhibiting animalistic behavior can’t be surprising.”

Many corrections officials, even those who believe that solitary confinement is overused, caution that in some situations, it may be unavoidable.

“If someone has committed a violent assault, whether it be a staff member or another inmate, until you can somehow solve that problem, that person is going to need to be isolated,” said Rick Raemisch, executive director of Colorado’s corrections department. He pointed to an inmate who said he would kill someone if he were allowed out of solitary, a threat mental health professionals considered credible.

Mr. Raemisch has worked to substantially reduce the use of solitary confinement in Colorado but said groups that opposed it altogether should help develop other ways to handle inmates who pose a danger of violence. “There are those that say this is bad,” he said, “but when you look around for an alternative, people have left the room.”

Florida Supreme Court rejects appeal by Jacksonville Death Row inmate Pinkney ‘Chip’ Carter


The Florida Supreme Court has upheld the conviction and death sentence of a Jacksonville man who killed his ex-girlfriend, her new boyfriend and her daughter.

FILE - Pinkney "Chip" Carter is seen in court for his arraignment on the triple murder of his former girlfriend, Elizabeth Smith Reed, 35, Reed's 16-year-old daughter, Courtney Smith, and Reed's new boyfriend, Glenn Carter Pafford, 49, on July 24, 2002.  Times-Union staff

Pinkney “Chip” Carter, now 60, was convicted of three counts of murder in 2005. The jury found he drove to his ex-girlfriend’s Arlington home and shot and killed the victims. Liz Reed, his ex-girlfriend, was 35; her boyfriend, Glenn Pafford, was 49; and her daughter, Courtney Smith, was 16.

The murders occurred in 2002. All were shot with a .22-caliber rifle Carter said he took to the home to get answers from Reed about their break-up. Reed and Pafford died instantly, and Smith died later in a hospital.

The jury voted 9-3 for death for killing Pafford and 8-4 for death for killing Reed. Circuit Judge Lance Day sentenced Carter to two death sentences for those murders and gave him a life sentence for killing Smith.

Attorney Frank Tassone argued that Carter’s trial attorneys didn’t do a good enough job defending him, saying attorneys should’ve brought in mental-health experts to testify that Carter was experiencing a mental or emotional disturbance.

Carter was defended at trial by Bill White, who was then the elected public defender in Jacksonville, and former Assistant Public Defender Alan Chipperfield.

But the Supreme Court unanimously upheld the death sentence, finding that Carter’s trial counsel did investigate his mental health, retain experts and had full psychological evaluations done.

The defense team had previously said it did not call these mental-health experts during Carter’s penalty phase because the conclusion reached by them would not have helped. Attorneys instead attempted to argue that Carter was a good guy who deserved life in prison over death.

Introducing the experts also would have allowed prosecutors to produce more evidence of Carter’s violent past. For example, Carter once held a knife to an ex-wife’s throat and was declared a sexual deviant.

After the murders, Carter fled Jacksonville, traveling through several states before ditching the murder weapon in the Rio Grande and swimming to Mexico, where he was arrested for entering the country illegally. He was released by Mexican authorities after paying a fine and then disappeared.

Carter was finally arrested Jan. 6, 2004, near Paducah, Ky., where he was working as a roofer under the alias of Rodney Vonthun. He had been picked up earlier for being drunk in public and was released the next day. But an alert Kentucky state trooper later recognized his photo on an FBI wanted poster in another police station.

This was Carter’s second appeal, the Florida Supreme Court rejected a previous appeal in 2008.

Lawyers for Carter will likely begin appealing the decision in federal court.

 

Florida – Court Upholds Death Row Inmate’s Sentence


Jul 01, 2015

RICHMOND, Va. (AP) — A federal appeals court has rejected a Virginia death row inmate’s claim that he can’t be executed because he is intellectually disabled.

A three-judge panel of the 4th U.S. Circuit Court of Appeals on Tuesday unanimously upheld Alfredo Prieto’s death sentence for the 2005 slayings of two George Washington University students.

At issue in Prieto’s appeal was last year’s U.S. Supreme Court ruling in a Florida case that a rigid cutoff on IQ test scores cannot be used to determine whether someone is intellectually disabled and therefore ineligible for execution. Virginia’s law on determining whether a defendant is intellectually disabled was virtually identical to Florida’s.

The appeals court said it could not conclude that no reasonable juror would find Prieto eligible for the death penalty.

Life on Alabama Death Row? 45 convicted killers have served 20 or more years


It has been nearly 37 years since Willene and Carl Nelson were shot and stabbed to death in a robbery at their Blount County home in 1978. Their three children, then ages 10, 13 and 21, were critically wounded but survived, as did the children’s 85-year-old grandmother.

Arthur Lee Giles — who will turn 56 on July 15 — went to Alabama Death Row for the crime in 1979.

Giles is Alabama’s second longest serving death row inmate and one of 45 Alabama inmates who have faced execution for 20 or more years. There have been nine presidential elections since Giles first arrived on death row.

Only William Bush, sentenced in the 1981 shooting death of Montgomery convenience store clerk Larry Dominguez, has served more time on death row than Giles. According to the Alabama Department of Corrections, Bush has served 33 years, 10 months, and eight days.

Nearly two years have passed since Alabama executed an inmate, but a U.S. Supreme Court ruling this week might pave the way for more executions.

In a 5-4 decision Monday, the court ruled that one of the drugs used in lethal injections does not violate the Eighth Amendment against cruel and unusual punishment.

What does that mean for Alabama?

“The U.S. Supreme Court has spoken on the constitutionality of states’ use of lethal injections and death penalty opponents cannot continue to indefinitely delay lawful executions,” Alabama Attorney General Luther Strange stated in a press release issued Monday morning.

“Opponents of lethal injections have repeatedly used court challenges of certain lethal injection drugs as ways to delay or avoid lawful executions,” Strange stated. “The U.S. Supreme Court confirmed our belief that executions using these lethal injection drugs are not cruel and unusual punishment, and therefore are not prohibited under the Eighth Amendment of the U.S. Constitution.”

There are 189 inmates on Alabama’s death row — all but three are men, according to ADOC. The average age is 39. (The oldest inmate, 80-year-old Walter Leroy Moody, has been on death row since 1997 in the 1989 pipe bomb murder of Judge Robert Vance.)

Forty-five inmates — 24 percent of death row’s population — have faced execution since at least 1995.

That includes:

  • James Edmond McWilliams: Sentenced to death in the 1984 rape, robbery and murder of Patricia Vallery Reynolds, a 22-year-old convenience store clerk shot to death at the store where she worked in Tuscaloosa County.
  • Larry Donald George: Convicted in the 1988 killings of two former next-door neighbors. Authorities say George killed Janice Morris, 29, of Talladega, and Ralph Swann, 24, of Alpine. George’s wife, Geraldine, was shot and paralyzed.
  • Anthony Boyd and Robert Shawn Ingram: Convicted for helping take Gregory Huguley to a baseball park in Munford  in 1993, where he was taped to a bench, soaked with gasoline and burned to death because Huguley owed $200 for cocaine.
  • Steven Wayne Hall and Wayne Holleman Travis: Sentenced to death for the murder of retired school teacher Clarene Haskew, 69, in 1991. She was beaten, strangled and shot twice in the head. A pentagram had been spray painted on a cabinet and the words ”thunder struck” were painted on the floor beside her body.
  • Alonzo Burgess: Sentenced to die for the murders of Sheila Nnodimele and her two daughters, Latoria Long, 14, and Alexis Nnodimele, 8. Burgess also was convicted of attempting to murder 2-year-old Larice Long, Ms. Nnodimele’s son  in Colbert County in 1993. They were fatally beaten and strangled in their home.

How much does it cost to house — and execute — those inmates?

Since 1983, when another U.S. Supreme Court ruling allowed Alabama to execute an inmate for the first time since 1965, the average time an inmate has served on death row in Alabama is approximately 16 years, according to ADOC spokesman Bob Horton.

The cost to incarcerate a death row inmate in Alabama is $53 per day. Over the course of 16 years, that comes to roughly $309,732.

That means Alabama has spent approximately $640,742 caring for William Bush.

For Giles, who has served 32 years, five months, and 28 days, that is approximately $628,898. Giles would have been Alabama’s longest serving death row inmate, but his 1979 conviction was overturned and he was again sentenced to death upon his second conviction in the 1990s.

It’s estimated lethal injection drugs run about $100 — the Texas Department of Criminal Justice put the cost of their drug cocktails at $83 in 2011, Forbes.com reported in 2014.

A Seattle University study found that each death penalty prosecution cost an average of $1 million more than a case where the death penalty was not sought, an anti-death penalty organization reported.

Whatever the cost, opponents of the death penalty found some signs of hope in Monday’s ruling that maybe the court will one day find the death penalty cruel and unusual.

“For me what was more significant was the affirmative suggestion by some members of the Court that the constitutionality of the death penalty itself be reconsidered,” Bryan Stevenson, executive director and founder of the Montgomery-based Equal Justice Initiative stated in an email to AL.com.

“It’s unfortunate this decision won’t resolve issues surrounding lethal injection we are still litigating in Alabama, but I’m encouraged to see members of the Court warming up to the idea that we may be on the brink of a new era where capital punishment is prohibited.”

AL.com reporters Kent Faulk and Izzy Gould contributed to this report.

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Hamm family asks Gov. Inslee to reconsider death penalty ban


June 27, 2015

The family of Lori Hamm, the Longview native allegedly killed by convicted killer John Wayne Thomson in 2006, wants Washington’s governor to reconsider his ban on death penalty executions.

In a letter sent to Gov. Jay Inslee in May, Jerry Hamm, Lori Hamm’s father, reminded the governor that he took “an oath to support and defend Washington’s constitution and laws,” including Washington’s law allowing death penalty sentences.

Instead of issuing the ban, Jerry Hamm suggested the governor use the same legislative process any citizen would have to use to change the law.

“Lori’s death was painful and her death impacted all of Cowlitz County,” Jerry Hamm wrote. “Your decision was not fair to my daughter and heartbreaking to myself, my wife and our family.”

Thomson is likely remain on death row in California for several years. He was sentenced to death after being convicted in April 2014 in the death of 55-year-old businessman Charles Ray Hedlund in late July or early August 2006. Hedlund was killed after he stopped alongside the road to help a stranded Thomson.

San Bernardino County spokesman Christopher Lee said Thomson’s execution has yet to be scheduled and won’t be for some time.

“In California, all death penalty cases have an automatic appeal to the California Supreme Court,” Lee said on Friday.

Thomson is accused of killing Hamm, 36, on July 16, 2006, near Castle Rock, about a month before Hedlund’s death. He’s also accused of killing Spokane’s James Ehrgott, 73, only weeks before Hamm’s death.

Even without California’s appeal process, Thomson’s execution still wouldn’t happen quickly. California has had a moratorium on executions since 2006 when a federal judge ruled that state’s death penalty system as unconstitutional.

Former county prosecutor Sue Baur had planned to bring Thomson back to Washington to stand trial for Hamm’s death. Lee said that decision will now be up to current Cowlitz County Prosecutor Ryan Jurvakainen.

When asked if his office was actively working towards returning Thomson to Cowlitz County, Jurvakainen said he hopes to be able to “provide some substantive information” in the next few weeks.

“Until then, I will not make any comment,” Jurvakainen said by email on Monday.

Although Thomson, 55, does not face the death penalty in Cowlitz County, the first-degree murder charge could be amended to qualify him for capital punishment. Thomson is charged with aggravated murder in Spokane, which would include the possibility of the death penalty if he were convicted there.

“Now it is time for Mr. Thomson to pay for his crime spree in both Cowlitz and Spokane counties,” Jerry Hamm wrote. “You have made that impossible.”

Jerry Hamm also asked the governor to provide the research he used to make his decision on the moratorium, as well as copies of the material given to the media. Lastly, he asked the governor to reconsider his decision.

“State of Washington voters voted for the death penalty for these terrible crimes and my daughter and Cowlitz County deserves it,” Jerry Hamm said.

A call to the governor’s office last week was not returned.

Letters from Death Row: The Biology of Trauma


New studies show that trauma biologically alters the brains of young boys in ways that affect their adult behavior.

Juan Ramirez grew up in poverty in the Rio Grande Valley, in a neighborhood infested with drug-and gang-related violence. By the age of 10 he’d started smoking marijuana and using inhalants. Within a couple of years he’d moved on to cocaine. By his middle teens he was drinking alcohol and smoking weed daily. A game he and his friends used to play in the Valley, called WAWA, involved spraying paint into a bag, sealing the lip around their mouths, and inhaling the fumes to get high.

Ramirez is the middle of five children and, according to court documents, his mother and father were alcoholics who disciplined their kids by whipping them with belts, clothes hangers, shoes—even tree branches. The severity of those beatings depended on the parents’ moods. Consequently, Ramirez spent most of his time playing outside in the street.

Inevitably, perhaps, he dropped out of school, became a drug addict and spent time in Texas Youth Commission facilities for juvenile offenders. But it was a single incident in 2003 that sealed his fate. One night in early January, 11 masked men burst into a small house in Hidalgo County to steal marijuana. By the time they left, six members of a rival drug gang in the house were dead. Ramirez was just 20 years old and the youngest of those the police said were responsible. Although he wasn’t identified as the gunman, under Texas’ law of parties, prosecutors successfully sought the death penalty.

For the uninitiated, the law of parties holds that if a person “solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense,” then he or she is criminally responsible for the conduct of the other person. Of course the law can be applied inconsistently—and it often is.

death row inmate

Courtesy of Justin Clemons
Death row inmate.

This is Ramirez’s 11th year on death row, housed at the notorious Polunsky Unit in the rural East Texas town of Livingston. And his is one of numerous stories of childhood abuse and violence that condemned inmates have told the Observer as part of an informal yet wide-ranging survey of the men waiting for Texas to exercise the most brutal manifestation of its power.

Last year, I sent a questionnaire to each of the 292 inmates on Texas’ death row. It was designed to elicit information often missed in narratives about the death penalty: the effect that solitary confinement has on them; whether they had found religion in prison; and what sort of childhoods they had. I wanted to see if any patterns emerged.

Forty-one inmates responded. Ramirez was among 22 inmates (54 percent) who reported having violent or abusive childhoods. An additional nine inmates (22 percent) described their childhoods as “hard,” or said they had some sort of dominant negative issue—whether it was growing up in poverty and/or in a crime-filled neighborhood or that they endured the potentially debilitating experience of having a parent walk out on them. This is the final story in a series based on information obtained from those responses. Three others, which explore what books the inmates read, the effects of solitary confinement, and how religion factors into their lives, ran previously on the Observer website.

This is not an attempt to retry those cases or to mitigate the harm these men caused. But too often, defense attorneys lack the resources to launch in-depth investigations into the backgrounds of those facing capital convictions. And to quote the Death Penalty Information Center, “Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases.” The center cites a Dallas Morning News examination of 461 capital cases that found nearly one in four inmates was represented at trial or on appeal by court-appointed attorneys who had been disciplined for professional misconduct. Additionally, an investigation by the Texas Defender Service found death row inmates “faced a one-in-three chance of being executed without having the case properly investigated by a competent attorney.”

It’s also important to acknowledge that the stories of inmates’ childhoods that have emerged from the Observer’s survey are told in the inmates’ own words. When possible, they have been corroborated with court documents or contextualized by news reports.

The responses in our correspondence offer new evidence that supports findings from studies that show a correlation between childhood trauma and the potential for future violent offending. As Texas leads the nation’s death penalty states in executions, the letters also act as important reminders that it’s time we ask what this says about the fractured minds of those we execute and rethink the extent of our moral culpability.

At his trial, prosecutors said Ramirez was a member of a Rio Grande Valley gang known as the Tri-City Bombers. But of the 11 alleged perpetrators of what became known as the Edinburg Massacre, only two received a death sentence. Another, Robert Garza, was executed in 2013 for an unrelated offense. That same year, the alleged ringleader of the gang, Jeffrey Juarez, known as “Dragon,” got 20 years for drug conspiracy and trafficking but escaped prosecution for the killings in Edinburg due to lack of witnesses. Likewise, Reymundo Sauceda, who prosecutors said approved the homicides, had the capital murder indictment against him dismissed. The others in the gang either received prison terms or remain fugitives from the law.

In a letter to the Observer, Ramirez wrote, “I come from the poorest region of the nation, from a poor household. I pretty much had all the strikes against me before I had a choice of my own.”

 

In their paper “The Cycle of Violence,” published by the American Psychological Association, David Lisak and Sara Beszterczey, researchers at the University of Massachusetts Boston, looked at the life histories of 43 men on death row. They discovered that all of them reported having been neglected as children, that an astonishing 94 percent had been physically abused, 59 percent sexually abused, and 83 percent had witnessed violence in adolescence.

Another study, “Adverse Childhood Experiences and Adult Criminality,” published in 2013 in The (Kaiser) Permanente Journal, surveyed 151 offenders and compared their answers with a “normative sample” of the population. The researchers found that the offender group reported nearly four times as many adverse events in childhood as the control group.

Many, if not most, condemned men were abandoned by their fathers, lived in foster care, or were abused or neglected, according to Mark Cunningham and Mark Vigen, who 13 years ago conducted a critical review of the literature on death row inmates for the journal Behavioral Sciences & the Law. This observation, they wrote, is supported by the findings of seven of the clinical studies they looked at. “The presence of pathological family interactions in the histories of capital murderers is consistent with an extensive body of research demonstrating the role of disrupted attachment and disturbed family relationships in the etiology of violence,” they wrote. In the United Kingdom (which doesn’t have the death penalty), Gwyneth Boswell, a professor at the University of East Anglia, has spent 22 years conducting research into why young people become violent, and she has identified that trauma experiences in childhood are key features. Two of her studies suggest a high prevalence of abuse and traumatic loss in young offenders’ lives. In one study, Boswell examined the files of 200 young offenders and discovered 72 percent had experienced some kind of abuse—be it emotional, sexual, ritual, or a combination. And 57 percent had experienced the death or loss of contact of a parent. The total number of young offenders who had experienced abuse and/or loss was 91 percent. “Unresolved trauma,” Boswell wrote, “is likely to manifest itself in some way at a later date. Many children become depressed, disturbed, violent or all three, girls tending to internalize and boys to externalize their responses.”

Reading through the stories contained in the questionnaires that the inmates returned, you are confronted with a litany of childhood horror. There’s Eugene Broxton, sent to an orphanage before being cared for by an older sister whose partner then beat him. Broxton was sentenced to death in 1992 after breaking into a hotel room, tying up, robbing and shooting a couple that was staying there. The woman died; her husband survived. In response to Broxton’s defense counsel’s argument in mitigation concerning his home life, the state said, “his sister, his half-sister, his half-brother got the same kind of discipline. And they didn’t turn out to be mass murderers.” Willie Trottie—who was executed in September—wrote that he had an abusive and violent mother who beat him and his siblings with extension cords until they bled. “I was abandoned at a hotel in Houston, placed in foster homes, was beaten there, and I ran away from all of them only to be returned to [the homes] to be abused again,” he wrote. “I was about seven or eight years old.”

Trottie was convicted of the 1993 shooting deaths of his ex-girlfriend, Barbara Canada, and her brother Titus. Prosecutors said he had threatened to kill Barbara if she didn’t come back to him. Trottie admitted shooting the pair but said it was in self-defense after Titus Canada shot him first. (Trottie was arrested after driving himself to the hospital with gunshot wounds.)

In an appeal to the Supreme Court, Trottie’s lawyers argued that attorneys representing him at his original trial failed to produce sufficient testimony about Trottie’s abusive childhood. Maurie Levin, an attorney with vast experience defending capital cases, and who represented Trottie in his litigation concerning the lethal injection protocol, told me that all of her clients survived miserable childhoods rampant with sexual, physical and emotional abuse. “They were impoverished, often entirely outside the social safety net. … How much does it affect later behavior? Every current study says it does—developmentally, neurologically, you name it—and our clients’ stories bear that out.”

Jeff Wood, who was convicted under the law of parties for being an accomplice to the murder of a convenience store clerk in Kerrville in the mid-1990s, wrote that his father used to hit him with a razor strap so badly that Child Protective Services was called. During the punishment phase of his trial, Wood instructed his attorneys not to call any witnesses, and so evidence of his abusive childhood was never presented.

Clinton Young, who faces execution for his part in a double murder in the course of a carjacking, wrote that he grew up with an abusive father and an emotionally abusive stepfather. “My dad beat me with a 2×4 and [kicked me with] steel toe-capped boots. My step dad focused on making sure I feared him and that I knew my real father didn’t care about me—and that I wouldn’t amount to, in his words, ‘a hill of rabbit shit in life.’”

Aníbal Canales strangled his cellmate in 1997 and was sentenced to death three years later. “I think it would take way too much paper to try and talk about my childhood,” he wrote in response to the Observer’s questionnaire. “I grew up in a house that was both violent and abusive. My father was a deeply violent man [who] abused me and my family regularly. My mother was an alcoholic and abusive also. I lived in a jungle, and I learned to hide myself in the foliage that was my life—and hide deep. It wasn’t until late in life that I was able to talk about that part of my life.”

In his findings at Canales’ Fifth Circuit appeal, the judge conceded that “by [his] trial counsel’s own admission [he] did not hire a mitigation specialist, interview family members or others who knew him growing up, or ‘collect any records or any historical data on his life.’” During Canales’ sentencing, the only mitigation presented by his attorney was that he was “a gifted artist” and “a peacemaker in prison.”

The 5th Circuit added that if Canales’ trial attorneys had conducted a mitigation investigation, “they would have discovered an extensive history of physical abuse, emotional abuse, and neglect. Canales’s mother was an alcoholic who neglected her children, and his father was violent, angry, and irrational. After Canales’s parents separated, his mother married a man who was physically abusive, beating Canales with a belt and fist and forcing him to strip naked prior to these beatings. Canales’s step-father sexually abused his sister, and Canales attempted, in vain, to protect her. The family lived in poor housing, infested with flea[s] and lice and located in ‘gang central.’ Canales’s grandparents were also physically and verbally abusive. Eventually, Canales’s mother left him with his father. The beatings then resumed, and Canales’s father would beat him ‘until his father got tired.’ This led Canales to abuse drugs and alcohol, ‘hook up with the wrong people,’ and begin committing crimes. He lived in half-way houses for part of his teenage years. Canales’s sister stated that the death of Canales’s mother affected Canales severely and that he ‘went off the deep end’ after she passed away.”

Thomas Whitaker wrote that his childhood was emotionally derelict, with no friends or peers and no connection to his family. In December 2003, a couple of weeks before Christmas, Whitaker and his family returned to their Houston home after dinner. Inside the house, a masked gunman shot and killed Whitaker’s brother, Kevin, and his mother, Tricia, before wounding his father, Kent, and Whitaker himself. Although it looked like a robbery, police eventually arrested Whitaker. He later confessed to hiring the gunman to kill his family because of what prosecutors termed an “irrational hate.”

And there’s Jedidiah Murphy, whose parents abandoned him at 5, forcing him to live out his childhood in a series of foster homes. “I could not tell you all of it were you to have all day,” he wrote. “It was violent and it did not help me in life at all. I don’t blame all my life’s ills on my childhood but I never had a shot with the way that I grew up. I learned the wrong way right off the bat, and hell it took forever to see what I was doing was wrong. By that time I was lost to alcoholism like my father and his father and so on.”

As if an abusive childhood weren’t bad enough, Hector Medina, another death row inmate who responded to the questionnaire, spent his in a country torn apart by a bitter civil war.

TEXAS – The Moral Indefensibility of Death Row


June 22, 2015

Texas executes more of its citizens than any state in the country, and there’s new evidence that what we call justice is actually a corrupt, inhumane and morally indefensible system.

Alex Hannaford’s cover story this month shows an alarming correlation between trauma that happens to adolescent boys, the biological damage it does to their brains, how that altered physiology leads to violent behavior in their adult lives and their ultimate journeys to death row.

It’s been clear for a long time that poverty, violence, poor education and crime are interconnected. (We executed a 45-year-old man last year whose education ended in fourth grade and a 53-year-old man this year whose education ended in sixth grade.) And 97 percent of the people on death row are men.

We traditionally have used that sociological framework to examine homicidal behavior. Then, we find a personal comfort level with it and our individual moral codes.

But new studies and the data Hannaford collected from Texas death row inmates show the situation is more complex. There also are biological factors at work, and that discovery raises new questions about the morality of the Texas system.

As recently as the 1980s, professionals believed that the human brain was genetically determined by the time of birth. Now, studies by American and British scholars show that trauma actually changes the physiology of the brain and that those altered brains work differently in males and females. (Females tend to process the stress and trauma internally, directing destructive action at themselves; men tend to process it externally, focusing violence on other people.)

Male children who are physically, emotionally and/or sexually traumatized experience physical changes to their brains that make violence a common response to similar experiences later in life.

When that violence leads to a capital crime, the state places the man on death row, where the average inmate spends a full decade in an environment of emotional isolation, physical depravation, authoritarian relationships, and little or no interaction with any type of family or support network.

It’s a classic list designed for an assault on someone’s mental well-being. In fact, the state essentially drives many of those waiting to be executed insane. Then, we stick a needle in the arm of that adult traumatized child and kill him.

It is a shameful, barbaric process that many of us choose to look past, but every person who loves Texas should look directly at it. Texas is better than this.