Inmates on the death row

How hot is death row?


A federal judge Tuesday ordered temperature data be collected for 21 straight days in advance of an Aug. 5 trial of a lawsuit by three condemned killers who claim extreme heat indexes at the Louisiana State Penitentiary at Angola amount to cruel and unusual punishment.

The suit, filed last month, alleges heat indexes on death row at the prison reached 172 degrees Fahrenheit (172 °F is equal to about 77.8 °C) last year and 195 degrees (90.5) in 2011. The suit contends the heat index on all six death-row tiers was above 103 degrees every day last August, and that inmates on one tier endured heat indexes of more than 126 degrees “on 85 days between May and August.”

Chief U.S. District Judge Brian Jackson’s order Tuesday came at the conclusion of a court hearing during which an attorney for the state Department of Public Safety and Corrections and the prison called the inmates’ data “greatly exaggerated,” “faulty” and “generally incompetent.”

A lawyer representing death-row inmates Elzie Ball, James Magee and Nathaniel Code countered that the men, each of whom suffers from hypertension, face the very real possibility of heat-related illness — including heat stroke, paralysis and heart disease — and even death.

The suit asked Jackson to issue an order compelling prison officials to maintain a heat index on death row of no more than 88 degrees.

“The court will not grant the injunction today. That is the fair and appropriate thing to do,” the judge told both sides Tuesday while noting that even death-row inmates are entitled to constitutional protections. He said more evidence on the suit’s claims needs to be gathered.

Jackson ordered the two sides to meet and file a joint plan by July 9 concerning what evidence will be collected and shared. If a plan is submitted, the judge said, he will approve it July 10. Otherwise, Jackson said he will issue his own plan on that date.

The judge specified that he wants temperature data collected for three straight weeks beginning July 15. He scheduled an evidentiary hearing, or trial, for Aug. 5. Jackson also urged the parties to try to settle the case.

Nilay Vora, an attorney for Ball, Magee and Code, argued to the judge that the air temperature at Angola’s death row is “consistently” above 90 degrees, with heat indexes even higher.

Jacqueline Wilson, an attorney for state Department of Public Safety and Corrections and the state penitentiary, noted that the death-row tiers offer industrial-sized fans — one for every two cells, ice in coolers and inmates are allowed to take one shower per day.

“There is moving air,” she said of the cross-ventilation system.

“That can be hot air,” the judge shot back.

Vora argued that blowing hot air can increase the likelihood of heat-related illness. He also alleged that the water temperature of the showers is 106 to 117 degrees, and added that the temperature range for a “cold” shower should be in the 70s.

Each death-row inmates’ cell has running hot and cold water, Wilson added.

Vora noted that 10 heat-related deaths in Texas prisons have been reported over the years.

“How about in Louisiana? How about at Angola?” Jackson asked.

Vora, who did not cite any heat-related prison deaths in the state, said the plaintiffs’ attorneys would be happy to work with the state defendants to come up with a plan to ease the heat issue at the prison’s death row.

“The department takes its job very seriously,” Wilson argued during the hearing, stressing that corrections officials want inmates to serve their sentences “in a humane way.”

Ball, 60, has been on death row since August 1997 for the May 15, 1996, shooting death of beer deliveryman Ben Scorsone during the armed robbery of a lounge in Gretna. Witnesses said Ball knocked Scorsone to the floor before firing three shots.

Magee, 35, was convicted for the April 2007 shotgun murders of his estranged wife, 28-year-old Adrienne Magee, and their 5-year-old son, Zach, on a street in the Tall Timbers subdivision north of Mandeville.

Code, 57, is on death row for the 1985 murders of four people at a house in Shreveport. A jury convicted Code for the bathtub drowning of Vivian Chaney, 34; the stabbing and slashing death of Chaney’s 17-year-old daughter, Carlitha; and the shooting deaths of Chaney’s brother, Jerry Culbert, and Chaney’s boyfriend, Billy Joe Harris.

Medical records for Ball, Magee and Code show none of the men lodged heat-related complaints over the past several years, according to documents filed by the state in response to the suit.

Records filed by the state also indicate there are 82 men on death row at Angola. Those inmates are allowed out of their cells one hour every day and are allowed to go outside for one hour three times a week. (The Advocate)

Louisiana releases execution protocol; inmate’s lawyer calls it ‘inadequate’


Louisiana corrections officials have released the state’s execution protocol after a lawsuit brought by two death row inmates called for more transparency into the procedure. But the inmates’ lawyers say details released by the state are spotty at best, and that the use of a new lethal drug is not fully explained.

Until this month, the state’s execution protocol was inaccessible by the public, including inmates and their attorneys. The protocol, obtained by NOLA.com | The Times-Picayune on Friday, was released after 2 death row inmates filed suit against the state Corrections Department and Louisiana State Penitentiary, or Angola, to make public the documents.

But, Michael Rubenstein, lawyer for inmate Jessie Hoffman, said the nearly 60-page document he received last week is “woefully inadequate.” While it confirms previous court admissions that the state plans to switch to using a single drug in its lethal injections, it leaves out important details, he said.

“The lethal injection protocol released by the Louisiana Department of Corrections this week fails to provide the most basic information about how it intends to carry out executions,” Rubenstein said Friday.

He pointed to gaps in how lethal drugs will be stored, overseen and administered, and who will have ultimate responsibility over the drugs. He also expressed concerns about the state’s decision to switch from a 3-drug cocktail to just 1 drug.

“We still do not know whether any medical authorities were consulted regarding the incorporation of (pentobarbital); the original source or expiration date of the new drug; how the drug is to be administered; or the training of personnel who will implement the new procedure for the 1st time,” Rubenstein said.

Pentobarbital is a drug primarily used to treat seizures and insomnia. In large doses — such as the 5 grams administered during execution — the drug is lethal. Formerly, it was used primarily in euthanizing animals.

When pentobarbital first began being used in cases of capital punishment, in Oklahoma in 2010, inmate advocacy groups expressed concerns with it being largely untested in large doses. Ohio was the 1st state to use it alone in March 2011, triggering an outcry from advocates.

Louisiana has not yet used the single-drug formula. The last inmate to be executed in the state was in 2010, when the 3-drug cocktail was still in use. The state decided to make the switch after supplies of sodium thiopental — the starter drug in the cocktail — began to run out.

While Hoffman’s execution is not yet scheduled, the other plaintiff in the case, Christopher Sepulvado, was scheduled to be executed on Ash Wednesday this year. But after he joined Hoffman’s suit, the court ordered the state to delay his execution until the protocol was released.

It is unclear whether the state will proceed with Sepulvado’s execution now that the protocol has been released. Part of the attorneys’ argument was based on concerns about the use of pentobarbital, its 3-year expiration date, and who would be monitoring its storage — 3 pieces of information not fully elucidated in the execution protocol.

Pam LaBorde, public information officer for the Louisiana Department of Public Safety and Corrections, would not comment on the case Friday, citing “pending death penalty-related issues before the courts.”

In response, Rubenstein said he and his colleagues will “engage in a robust discovery process to uncover the truth” that begins with additional interrogations and documents requests.

Hoffman was sentenced to death for the 1996 kidnapping, rape and killing of Mary “Molly” Elliott, an advertising executive in St. Tammany Parish. Sepulvado was convicted of the beating and fatal scalding of his 6-year-old stepson in Mansfield in 1992.

Source: The New Orleans Times-Picayune, June 29, 2013

Death Row Inmates Writing On Death Row


“THIS PLACE [Death Row] will teach you how critical it is to have hope in your life when all is lost. If you have hope, if you have hope for a better tomorrow, for better things to come, then, when there is nothing else to live for, you have that. But, here’s the thing about long suffering: it is our most persuasive teacher.The lessons we learn while suffering we never forget.”
– Charles Flores. Mr. Flores is currently incarcerated on Texas death row.

“YOU CAN TAKE AWAY our names and replace them with numbers, cage and store us in conditions not even fit for your family dog, and exterminate us at your whim, but we are still human beings, capable of everything from love and beauty to violence and hate.”
– Thomas B. Whitaker. Mr. Whitaker is currently incarcerated on Texas death row (#999522).

“I HAVE ALWAYS HEARD that places such as this [death row] breed insanity, I never truly believed this before. I always though that one could hold insanity at bay by force of will alone. Then when one is in the position of coming within days of execution you realize that insanity creeps into you without you ever realizing it. How can I look into my mirror without seeing the insane person staring back at me? I had spoken to others that have stood here and lived past it, they told me that this would change a man. I always thought that I would remain constant whether they executed me or not. I have changed this point of view as I have now stood here and I have stared into the abyss, and I can honestly now say unequivocally that something has looked back from those dark depths. If I walk away from this date I am forever changed.”
– Kevin Varga. Kevin Varga was executed by the state of Texas on May 12, 2010. He kept a diary, “Death Row Journal”, during the last 80 days before his execution.

” I THINK THAT AS the day draws closer I will find myself thinking darker and darker thoughts. I want to wake each day with the news that I have been granted a stay, and each day that I do not is just another disappointment to my mental well-being. The only thing that one in my position looks for is those simple words, “You have been granted a stay of execution.” Without them I am just a corpse that hasn’t the sense to lie down and pull the soil over its head.”
– Kevin Varga. Kevin Varga was executed by the state of Texas on May 12, 2010. He kept a diary, “Death Row Journal”, during the last 80 days before his execution.

“I HAVE BEEN THINKING back on these past 14-years and I am trying to remember how many men have been executed, but it’s been so many that I have lost count. I know, at least, 250 men, some who were my friends, or most who I had met over the years. It was a sombre experience to be speaking to these men, knowing that in only a few days, sometimes the next day, they would be dead. Some accepted it, some didn’t. One man, whose image stays in my mind, I will never forget. As they were taking him out of our wing to be executed, he stopped at my cell to tell me “good-bye”. It was his eyes, his eyes were wide open with fear. I felt his fear (if that is possible to explain) it was so overwhelming. That, took place in 1997, and more than 5-years later, I still see his eyes.”
– John Alba. John Alba was executed by the state of Texas on May 25, 2010.

“I DON’T REMEMBER much of the first afternoon after my arrival at the Polunsky Unit [Texas Death Row]. There were strip searches, questions, more questions. The long walk down the central hallway which divides the six pods housing nearly 400 condemned men. The long slow walk through c-pod, all eyes on the new guy. I don’t know what I expected. Maybe lots of bars, and big burly tattoo-covered forearms connected to scarred, meaty palms. Shanks, cigarettes, etc. What I found was silence. Silence, broken at last by the sound of my door to 12CC-42 slowly sliding shut behind me. I had been hearing metal doors slam shut behind me for over 18 months in the county jail, but this door sounded different, almost silky-smooth. I had never been able to escape the thought that the echos of those doors had become an allegory for my life. My cell door, though, that noise resonated deeper within me. If a person could still hear the sound of their own coffin being closed over them, that’s what it would sound like. I remember clearly standing at the door, taking in for the first time my new 6 by 10 foot home, the cage that would become my retirement home where I would spend my golden years, to continue the metaphor.

I am twenty-seven years old.

I remember hesitating to take a step into my cell, as if moving inside would be acknowledging the horrible truth, and therefore somehow make it all real. The haze that had been hovering inside my head since before the trial was omnipresent. The headaches, oh the headaches, they felt like some massive screws at the center of the world were constantly grinding down, twisting, twisting, twisting down into the bedrock. I finally moved to my bed, and sat down. Four steps, I remember thinking. It took four steps. I felt myself go flat, that’s the only way I can describe it. To my shame, I let myself fall into that place I hate more than any other – that deep, safe place, where I am untouchable. My constant and only friend since my youth, my constant enemy that strips me down to nothing and leaves me there. You probably know the place; we all have one.”
– Thomas B. Whitaker, Texas Death Row inmate. Thomas Whitaker’s journal, “Minutes Before Six” can be read here.

“I ALLOWED MYSELF TO BE fingerprinted and then I was placed in the death watch cell. After I gained my composure I surveyed the room. It was one of the most intensely cold and numb places I had ever seen. It was a narrow room with about 4 other cells.

I was in the very first – just a few steps away from the death chamber. In front of my cell was a long table with drink containers and several Bibles. Straight up – it was like a funeral home. I couldn’t help but to again look towards the death chamber. It was a big steel door with a square window at the top. It was a one way mirror, so one could not see in. I just stared at it. I couldn’t help but to think about my good friend John Amador that was just executed hours before. I felt his presence with me. I thought of his last words which were so profound. I was in the Texas catacomb.”
– Kenneth Foster Jr., after his death sentence was commuted to life in prison without the possibility of parole in August 2007.

“THEN MY THOUGHTS are broken when the warden comes into the death house [Huntsville Unit, Texas] to tell me what will be taking place when the time comes. He points to a door I can see from my cell and tells me behind that door is the execution chamber. When the time comes they will come and get me. If I can’t walk, they will carry me, but either way I’m going. He tells me the chaplain will be here soon.

The chaplain comes and tells me, while I’m on the gurney he will be there holding my ankle to offer comfort.

As these people talk to me, I know they’re people, but at the same time I think of them as something else or, in a bad way. As these thoughts just seem to hang there and it seems to be getting dark but it’s the middle of the day and there’s lights everywhere. Then I see the door that the ambulance will back up to, to pick up my body and that’s when it strikes me all over again, “this is it”. There’s no way to describe the pressure I feel as I pray they’ll hurry up and get it over with.

Every time the walkie-talkie bursts to life, a door slams, the phone rings, I nearly jump out of my skin. This is almost constant for six (6) hours. The chaplain tells me that if I hear rustling and movement in the back, he says It’s just the execution team getting ready and for me not to be “alarmed”, (they’re just coming to kill you. Don’t be “alarmed”! H.W.S.). They kept me “alarmed” for those long hours of torture.

I talk to the chaplain some while pacing the cell. I’m thinking I’m going to have a heart attack before they get me onto that horizontal cross with needles in my arms instead of nails. I’ve been broke out in a cold sweat for 2 hours. Can’t think. Just pace, pace, pace. Back and forth, back and forth. 3 ½ steps [The full length of the holding cell]. I can’t remember the subjects or details of anything the chaplain said, just a bunch of words.

I eat some of my last meal but I can’t taste a thing. I just look down and see that some of it is gone.

Six o’clock comes. Nothing. Pace, pace, pace those 3 ½ steps. Seven o’clock. 8 o’clock. Same thing. My mouth is so dry no amount of water can wet it. I know they’re going to open that door any minute and confront me with that gurney and those needles. This is it. This is it. Every time I blink the sweat out of my eye I see it open, I think, that door.”
– Billy Frank “Sonny” Vickers. Billy survived an execution date on December 9, 2003. He waited until midnight (time when the death warrant expires) in a death watch cell next to the execution chamber at the Walls Unit in Huntsville. Billy Vickers wanted to share his experience with as many as possible. Billy and Hank Skinner were in cells next to each other and Billy no longer had the strength to write. He asked Hank to transcribe their conversations about the last weeks of his life, between two execution dates. Billy was executed on January 28th, 2004. The full text of Billy Vickers’ narration, “Three and A Half Steps”, can be read on Hank Skinner’s blog here (Death Row News).

“WHEN I GOT TO the Walls unit everything changed. They were exceedingly humane to me and I was grateful for that. I had issues with Chaplain Hart but we talked about it and settled it amicably. I’m not convinced that my concern about their practices weren’t valid but the solution he offered suited me fine and otherwise he was a very helpful and calming presence there in the domaine de la mort (domain of death).

They’d told me I could get in my last meal only what they had on hand in the kitchen (…) Chaplain Hart told me prisoners prepare the last meals. I asked him to be sure and tell them how much I truly appreciated that food. I ate as much of it as I could and if I had gotten another hour or two, I’d ate it all. I was hoping the Supreme Court wouldn’t rule until about 8:30pm-9:00pm. Then either way, I’d a really been fat and full. That was the best spread I’ve seen since I went on bench warrant in 2005. Even at that, what I ate in 2005 came out of a restaurant on the way to Amarillo and this last meal was all homemade. It was the best food I’ve had in 13+ years, hands down. My eternal thanks to the convicts who cooked it. (…) ’m told that most guys who go over there can’t eat their last meal. Too nervous. I was calm as a cucumber. I truly felt like I had God’s hand on my shoulder. I can’t say why but I also had the idea that there were thousands of prayers being said for me, all over the world. Like I said, I had God’s hand on my shoulder and all the love and support in the world to back me up, so I was ok. I think some of the guys who’ve died over there all alone and it makes me want to cry. There is definitely a spiritual pall, an ethereal darkness over that place. I can “see” shades and remnants. I brought their psychic spoor back here with me. For the past 3 days I’ve slept a lot and dreamed of many who died there; all of whom I knew and whom I called an associate or friend.”
– Henry “Hank” Skinner. Mr. Skinner’s execution has been halted by the US Supreme Court minutes before he was to be put to death by lethal injection in Huntsville, Texas. Mr. Skinner is currently expecting a court decision on whether he is entitled to have DNA testing performed on evidence used at his trial. Mr. Skinner has always maintained his innocence. Visit his website for more information on his case.

“IT’S STRANGE when they near your cell. You lose all your strength and you are like this. You lose all your strength as if a rope is dragging it out of you. Then the footsteps stop in front of another solitary confinement cell and when you hear the sound of the key turning you feel relieved.”
– Sakae Menda, who spent 34 years on Japan’s death row before he was found innocent and exonerated.

“FROM THE MOMENT you are in that cell, when they tell you you’re going to be electrocuted, you contemplate it all the time. It never leaves your mind, and they never let it leave your mind.”
– Jay C. Smith, who received 3 death sentences for a triple murder he did not commit, acquitted after spending 6 years on Pennsylvania’s death row.

“SOME CAN’T STAND being in the tank where deathwatch is kept. You see your friends and everyone march to their deaths from there. That’s your and my ‘REALITY.” Three months is not enough time for a person to really set his life and prepare his loved ones to say goodbye. If you care you have to be strong and endure and learn to live with this reality on your shoulders and all that bravado talk of going out fighting is another joke. I’ve seen all sorts of men march or be carried; hard solid men as well don’t waste your time in such fantasies. You’re different? Maybe you wont understand while you face death through anger. I’m not a saint nor weak, a real man is telling you this. Why? Cause there is people that will be affected by everything that happens to you and as long as those people are in your life you will at the end remain as a human and not an animal with no emotions. When a person really doesn’t give a damn fuck its very rare and that person becomes numb/hollowed inside, no joy, no tears, nothing. When you reach this level you can then say you don’t give a damn. If you get visits or mail it completely wont matter. So if you stand at the door or yearn for a date that someone has told you they’ll visit you. You do give a damn.”
– Miguel “Paisa” Paredes, Texas Death Row inmate #999400.

“OUR SITUATION here on Death Row is a cruel dilemma indeed. We don’t want to die, but at the same time, we don’t want to continue having to live like this for the rest of our lives neither. The thought of giving up has frequented my life on several occasions. It is a natural tendency in an abnormal environment. Every element of our circumstances are bent towards breaking us. The concrete, the steel, the bland colors of our surroundings, the bitterness that accumulates amongst the men living with you, the sensory deprivation (ie: no touching or being able to just talk with someone when you want or need to), the lack of spiritual guidance, etc. The psychological blueprint of this place is meant to drive one insane, or to the point of wanting to die. That is all they want from you: insanity and then death.”
– Randolph “Amun” Greer, Texas Death Row inmate #999042.

“I MISS THE STARS. You know, I haven’t seen the stars in years and years and years. I miss the rain. I miss food. I miss all these things. But what it comes down to the most — and this is the thing that will scar me the most and that I’ll carry with me as a scar the longest — the thing I miss the most is being treated like a human being.”
– Damien Echols was exonerated and released from Arkansas’ death row after spending nearly two decades behind bars.

“THE TRUE REALITY of life on death row is that every day is a life of fear, regret and humiliation. As a death row prisoner, my every day is consumed with the stress of waiting to die. Every moment is a countdown awaiting a court decision. I’m on edge every time my name is called for a legal visit. I’m afraid of receiving that letter stating that another round of my appeals has been denied, bringing me closer to that final moment. This is no life of leisure.

I am a man who is not trusted. Not believed. I am always a suspect. When an infraction is committed, I have no presumption of innocence. I’ve lost friends and associates in society who now view me disgracefully as a convicted murderer unworthy to live. I’m housed in a special management unit solely for the condemned.

I don’t enjoy the privileges that most general population prisoners are allowed. While most are allowed contact visits, all of my visits are behind glass with absolutely no contact. While other prisoners are allowed frequent telephone privileges, I am permitted one 10-minute phone call a year to my relatives. There are no rehabilitative programs to occupy my time like other prisoners are allowed. No AA, educational classes, no jobs.

Instead, I live in a cell the size of a bathroom. My window provides a view only of the prison. I am allowed no more than two cubic feet of personal property, and my every day is spent literally waiting to die.

Since I have been here, I have witnessed many men escorted to the death chamber over the years never to return. Mr. Hembree has no idea what it’s like to witness this walk of no return, and the hushed terror stamped into the eyes of every face that sees it.

This is no life of luxury, and I am no gentleman of leisure. I live every day with the fear of standing before my God and accounting for my deeds. My days and nights are filled with regret. Regret for the hurt I have caused and the lives I have ruined, including my own.

Any comforts that I have been afforded, whether it’s the privilege of being allowed to watch television or being protected from the elements of the cold or heat, are mercies that I am grateful for. Not something that I am audacious enough to say I deserve, but a mercy waiting for someone to die.”
– Michael J. Braxton, Raleigh, North Carolina. Michael Jerome Braxton, 39, was sentenced to death for the 1996 killing of another inmate at the Caledonia Correctional Center in Halifax. At the time of the killing, Braxton was already serving a life sentence for the killing of another person in a 1994 robbery in Wake County.

MAY 22, 2013 – I have 21 days left to live. The fickleness, the arbitrariness, the fleeting nature of life itself is on display daily throughout our world but as good an example as any occurred here on Monday morning when, as I was being dressed out here on Q-Wing for a visit, a sudden radio call brought the wing officers rushing upstairs where they found a prisoner (non-death row) hanging in his cell. After 20+ years in prison this guy (Earl) had finally given in to the utter hopelessness that can seize the heart and spirit of any man mired forever in an American maximum security prison. The irony wasn’t lost on me that while 3 of us on death watch are fighting to live, this poor soul, living just 10 feet above us, stripped of all hope, had voluntarily surrendered his life rather than continue his dismal existence. When nothing but a lifetime of suffering lays ahead – with no hope, no promise, no opportunity to change your fate – the idea of utter annihilation can come to look appealing in contrast. When everything has been taken from you, the one thing you have left, that nobody can take away, is the decision to live or die. In that context choosing death can look like freedom…

Today my neighbor, Elmer, went on Phase II of death watch, which begins 7 days prior to execution. They remove all your property from your cell while an officer sits in front of your cell 24/7 recording everything you do. Staff also performs a “dry run” or “mock execution”, basically duplicating the procedures that will occur 7 days later. This is when you know you’re making the final turn off the back stretch, you know your death is imminent, easily within reach, you can count it by hours instead of by days. Right now I’m on deck; when Elmer goes I’ll be up to bat (that’s enough sports metaphors for now)…
– William van Poyck, Death Row Diary. William Van Poyck was executed by the state fo Florida on June 12, 2013. Van Poyck’s case garnered international attention because he published three books and maintained a blog while on death row. He regularly wrote to his sister about his life in prison, and in recent years she published his letters to a blog called Death Row Diary. In these letters, Poyck wrote about everything from the novels and history books he was reading and shows he had watched on PBS to the state of the world and his own philosophy of life–punctuated by news of the deaths of those around him, from illness, suicide, and execution.

Oregon Supreme Court upholds governor’s reprieve for death-row inmate who wants to die


June 20, 2013   http://www.startribune.com

Oregon Gov. John Kitzhaber can delay the lethal injection of a death-row inmate who wants to waive his appeals and speed his execution, the state’s highest court ruled Thursday.

The Oregon Supreme Court said Kitzhaber did not overstep his power when he granted a reprieve delaying the death sentence of Gary Haugen, who was convicted of two murders.

Kitzhaber opposes the death penalty and intervened weeks before Haugen was scheduled to be executed in 2011. The governor said he refused to allow an execution under a state death-penalty system he views as broken, vowing to block any execution during his term in office.

Haugen challenged Kitzhaber’s clemency, saying the reprieve was invalid because Haugen refused to accept it. He also argued that it wasn’t actually a reprieve but rather an illegal attempt by the governor to nullify a law he didn’t like.

The governor argued that his clemency power is absolute, and nobody — certainly not an inmate on death row — can prevent him from doing what he believes to be in the state’s best interest.

Kitzhaber has urged a statewide vote on abolishing the death penalty, although the Legislature has shown little interest in putting it on the ballot in 2014. He renewed his request after the ruling Thursday, saying capital punishment “has devolved into an unworkable system that fails to meet the basic standards of justice.”

“I am still convinced that we can find a better solution that holds offenders accountable and keeps society safe, supports the victims of crime and their families and reflects Oregon values,” Kitzhaber said in a statement.

The case involved a sparsely explored area of law — how much power the governor has to reduce, delay or eliminate criminal sentences. The justices had very little precedent to guide their decision, and neither lawyer could point to any other case where an inmate challenged an unconditional reprieve that spared him from the death penalty.

Haugen was sentenced to death along with an accomplice in 2007 for the jailhouse murder of a fellow inmate. At the time, Haugen was serving a life sentence for fatally beating his former girlfriend’s mother in 1981.

Americans and their elected representatives have expressed mixed feelings about the death penalty. Lawmakers abolished capital punishment in New Mexico, New Jersey and Connecticut, but Californians turned down a chance to follow suit at the ballot box last year.

In 2000, then-Gov. George Ryan of Illinois issued a moratorium on the death penalty after numerous condemned inmates were exonerated. The Legislature abolished capital punishment more than a decade later.

Court: Texas inmate’s decades-old sentence invalid


The life sentence given to a Texas man who has remained in prison for 33 years since being pulled off of death row isn’t valid, Texas’ highest criminal court said Wednesday, possibly paving the way for a new trial or the inmate’s release.

The Texas Court of Criminal Appeals said once it overturned Jerry Hartfield’s murder conviction in 1980 for the killing of a bus station worker four years earlier, there was no longer a death sentence for then-Gov. Mark White to commute.

The opinion was given in response to a rare formal request by the 5th U.S. Circuit Court of Appeals to confirm the validity of its ruling overturning Hartfield’s conviction, in light of the governor’s 1983 commutation. The New Orleans-based federal court made the request, which upheld a lower state court’s ruling that the sentence was invalid.

“The status of the judgment of conviction is that (Hartfield) is under no conviction or sentence,” Judge Lawrence Meyers wrote in a decision supported by the court’s other eight judges. “Because there was no longer a death sentence to commute, the governor’s order had no effect.”

 ID=2416367Hartfield, now 57, was convicted and sentenced to death for the 1976 robbery and killing of a Southeast Texas bus station employee. The criminal appeals court overturned his murder conviction, ruling that a potential juror improperly was dismissed after expressing reservations about the death penalty.

White commuted Hartfield’s sentence in 1983 at the recommendation of the Texas Board of Pardons and Paroles, and he has remained in prison since then, unaware until a few years ago that his case was in legal limbo. Court documents in his case described him as an illiterate 5th-grade dropout with in IQ of 51, although Hartfield says he’s learned to read and write while in prison.

In its failed appeal to the 5th Circuit, the state argued that Hartfield’s life sentence should stand because he missed a one-year window in which to appeal aspects of his case.

Neither the prosecutor’s office in Bay City nor Hartfield’s attorney, Kenneth R. Hawk II, immediately responded to phone messages Wednesday seeking comment.

During a prison interview last year, Hartfield told The Associated Press that he’s innocent, but that he doesn’t hold a grudge about his predicament, which his lawyer last year described as “one-in-a-million.”

“Being a God-fearing person, he doesn’t allow me to be bitter,” Hartfield said from prison.

Hartfield was 21 in June 1977 when he was convicted of murdering 55-year-old Eunice Lowe, a Bay City bus station ticketing agent who was beaten with a pickaxe and robbed. Her car and nearly $3,000 were stolen. Lowe’s daughter found her body in a storeroom at the station.

At the time, Hartfield, who grew up in Altus, Okla., had been working on the construction of a nuclear power plant near Bay City, about 100 miles southwest of Houston. He was arrested within days in Wichita, Kan., and while being returned to Texas, he made a confession to officers that he called “a bogus statement they had written against me.”

The alleged confession was among the key evidence used to convict Hartfield, along with an unused bus ticket found at the crime scene that had his fingerprints on it and testimony from witnesses who said he had talked about needing $3,000.

Jurors deliberated for 3½ hours before convicting Hartfield of murder and another 20 minutes to decide he should die.

source : Usa today

Paula Cooper, Youngest Person Sentenced to Death in Indiana, To Be Released From Prison


 

Paula Cooper, who was 15 years old at the time of her crime, and the youngest person ever sentenced to death in Indiana, will be released from prison on June 17, twenty-seven years after her conviction for the murder of 78-year-old Ruth Pelke. Her case received international attention, sparking a campaign that led to the commutation of her death sentence to 60 years in prison. An appeal to the Indiana Supreme Court received over 2 million signatures from around the world. Pope John Paul II asked that Cooper’s sentence be reduced. Bill Pelke, the grandson of Ruth Pelke, forgave and befriended Cooper and wrote a book, Journey of Hope…From Violence to Healing, about his experience with the case.

Pelke also founded Journey of Hope, an organization led by murder victims’ family members that conducts speaking tours on alternatives to the death penalty, with an emphasis on compassion and forgiveness. He has advocated for Cooper’s release and recently reflected, “I knew my grandmother would not want [her] grandfather to have to go through what [my] grandfather had to go through, to see a granddaughter that he loved strapped to the electric chair and have volts of electricity put to her until she was dead.” In a 2004 interview with the Indianapolis Star, Cooper expressed remorse for her crime, saying, “Everybody has a responsibility to do right or wrong, and if you do wrong, you should be punished. Rehabilitation comes from you. If you’re not ready to be rehabilitated, you won’t be.” During her time in prison, Cooper earned a college degree, trained assistance dogs, and tutored other prisoners. In 1988, the U.S. Supreme Court held that states could not mandate the death penalty for those under the age of 16 at the time of their crime, and in 2005, the Court barred the death penalty for all juvenile offenders.

(T. Evans, “Ind. woman sentenced to death at 16 to leave prison,” USA Today, June 16, 2013; M. Edge, “Murder Victim’s Grandson Helps Free Assailant,” KTVA, May 23, 2013). See Juveniles and Victims.

TEXAS – EXECUTION TODAY – PRESTON HUGHES – EXECUTED 7.52 p.m


The condemned prisoner’s mother sobbed and wailed as she witnessed the lethal injection. Hughes’ sister was at her side.

“You know I’m innocent and I love you both,” Hughes, 46, said as his mother cried loudly.

“Please continue to fight for my innocence even though I’m gone.

“Give everybody my love.”

He took several deep breaths and then stopped moving. His mother, seated in a chair near the death chamber window, cried out: “My baby … I haven’t touched my child in 23 years.”

Hughes was pronounced dead at 7:52 p.m. local time, 15 minutes after the lethal drug began flowing into his arms. No one representing his victims witnessed the punishment.

Hughes became the 15th Texas prisoner executed this year and the second in as many nights.

http://www.theprovince.com

The U.S. Supreme Court has refused to stop tonight’s scheduled execution

November 16, 2012 http://www.austinchronicle.com

 

At press time, the state was readying to carry out the Nov. 15 execution of Preston Hughes III, set to become the 15th inmate executed this year and the 492nd inmate executed since reinstatement of the death penalty. Hughes was sentenced to death for the 1988 double murder of 15-year-old LaShandra Charles and her 3-year-old cousin, Marcell Taylor, who were found stabbed to death on a weed-choked trail behind a Fuddruckers in far West Houston (see “Framing the Guilty?,” Nov. 2). Although Charles’ carotid artery and jugular were severed, the first HPD detective arriving at the scene later claimed that Charles was awake and able to talk – and to tell him that she knew her attacker, whose name was Preston. Police quickly moved to a nearby apartment complex, where they found Hughes. Police say they found evidence in his apartment that matched the crime, including a pair of fashion glasses that Charles had been known to wear as an accessory.

Hughes’ appeals have been unsuccessful despite a plethora of evidence that suggests either that he is the wrong man, or that he was framed by police despite being guilty: Evidence records reflect that police logged evidence into custody several hours before they had permission to search Hughes’ apartment. Notably, the glasses that police considered a direct link between Charles and Hughes were not on the evidence list; Hughes’ attorney and supporters believe they were planted in the apartment some time in the hours after Charles was discovered. Moreover, when asked by the Chronicle this fall to review the autopsy evidence, Tarrant County Deputy Medical Examiner Lloyd White concluded that it would have been medically impossible for Charles to have been conscious and talking after sustaining such a fatal injury.

Hughes‘ attorney Pat McCann has filed several recent appeals – including one that raises the question of police having planted evidence – each of which has been denied. Meanwhile, California-based blogger John Allen, known online as the Skeptical Juror (www.skepticaljuror.com), has helped Hughes to file a flurry of pro se writs; each of those also has been denied, clearing the way for Hughes’ execution this evening, Thursday, Nov. 15.

Justice is debatable in Texas death penalty case – Larry Swearingen


November 12,2012 http://www.dw.de

Larry Swearingen faces imminent execution in Texas for a crime that forensic scientists say he could not have committed. His time is running out.

Larry Swearingen at the visitors center on Death Row (Allen B. Polunksy Unit, Texas)

In his 12 years on death row, Larry Swearingen’s execution date has been set three times. Three times he has known when he will be strapped to a stretcher and put down with drugs: sodium thiobarbital to anesthetize him, pancurium bromide to paralyze his muscles and potassium chloride to stop his heart.

In January 2009, he had written his goodbyes and was on his way to the chamber when the stay of execution came through. “The way I had to look at it was ‘I’m just gonna lay down and go to sleep,'” he said. “I wasn’t gonna grovel. I wasn’t gonna sit there and cry. I can’t be remorseful for a crime I didn’t commit.”

Swearingen lives at the Allan B. Polunsky unit, an hour or so north of Houston, together with around 300 men and women awaiting execution for capital crimes committed in Texas. He is kept in solitary confinement 24 hours a day, in a cell not quite four meters long (13 feet) and a little over two meters wide, with a slit above head height, more a vent than a window.

Swearingen is strikingly calm, his voice rarely rising, even as he complains about the injustice of being locked up for a murder that forensic science shows he cannot have committed. “It’s not easy being here,” he says. “There are men who are hanging themselves, men who are cutting themselves, men sitting in their own feces, men slowly losing their minds. If people think it’s easy they are sadly mistaken.”

supporters of the death penalty argue that the USA’s appeals system is so thorough that no innocent person has ever been executed.

In recent years, that faith has been shaken by a number of high-profile cases. Todd Willingham was executed in Texas for setting the house fire that killed his two young daughters, despite several of the country’s most prominent arson investigators testifying that the blaze almost certainly started by accident. Troy Davis went to the chamber in Georgia for shooting a policeman, despite a lack of DNA evidence and seven out of the nine prosecution witnesses later changing their stories.

Swearingen’s case is different, in that forensic science provides him with an alibi: He cannot have raped and murdered his supposed victim, because he was already in prison when she was killed.

Open-and-shut case?

Melissa Trotter disappeared on December 8, 1998. Swearingen was one of the last people to see her alive, at Montgomery College. Three days later police picked him up on outstanding arrest warrants for minor offences, put him in jail and began to build a case against him.

Trotter’s body was discovered on January 2, 1999, in the Sam Houston National Forest, by hunters looking for a lost gun. At first glance, they thought it was a mannequin, dumped in the woods. She was wearing jeans, but her torso was naked. She had been strangled with one leg of a pair of tights. A search team, with cadaver dogs, had passed within 20 meters of the spot a fortnight earlier and found nothing.

At the autopsy, with the district attorney and two of his sheriffs in the room, Harris County’s chief medical examiner, Dr. Joye Carter, estimated that she had been dead for around 25 days, which meant she had been killed the day she went missing.

When Carter repeated this at the trial, the defense team let it pass unchallenged. Jurors heard that Swearingen had a history of violence towards women, that he had repeatedly lied to police, that hairs forcibly removed from Trotter’s head were recovered from his truck and that the other leg of the pair of tights used to kill her was found in his house.

They were not told that the tights appeared during a fourth police visit to the property, after three prior searches had turned up nothing. The DNA under Trotter’s fingernails, belonging to somebody other than Swearingen, was dismissed as a contaminant – perhaps a drop of blood from a cut in a forensic technician’s hand.

The jury took less than two hours to find Swearingen guilty.

Science vs. the courts

Dr. Stephen Pustilnik, chief medical examiner for nearby Galveston County, says the autopsy results aren’t credible. Although there were signs of decomposition around Trotter’s head, her corpse was in remarkably good condition.

For many days, where she was found, it was 72 degrees Fahrenheit [22 degrees Celsius],” he said. “If you’re at that temperature for three days, you’re green, bloated and stinky. Her internal organs look beautiful.”

At the morgue, her heart, liver, lungs and spleen were remarkably intact.

Pustilnik said the body could not have been dead for 25 days. Several other forensic scientists called by the defense team have come to the same conclusion. It means that Swearingen could not have killed Trotter, because he was already in jail when she died.

Final hearing

I returned to Montgomery County for Swearingen’s final evidentiary hearing. The case has been going back and forth between Judge Fred Edwards and the Texas Court of Criminal Appeals (TCCA) for years: Each time, Edwards has upheld Swearingen’s conviction and each time the appeals court has granted the defense one more hearing. This was categorically his last.

Swearingen sat with his defense team, feet shackled together, wearing a striped Montgomery County Jail jumpsuit. In the pews on the right, behind the district attorney’s table, Sandy and Charlie Trotter were surrounded by supporters holding pictures of Melissa. They are convinced Swearingen is guilty and need him to be gone, so they can grieve in peace. Sandy handed me a photograph of her daughter, but was too upset to talk.

The benches on the left were empty, apart from a couple of local newspaper reporters and a frail-looking woman taking notes. Pam Martinez, Swearingen’s mother, attended every day of the hearing, even though she had recently had heart surgery for the second time.

“My cardiologist tells me that I need to cut the stress out,” she said. “I would like to cut the stress, but I support my son. He’s my child and I want to protect him.”

‘Innocence doesn’t matter’

This time, too, Judge Edward upheld the conviction. Now the case goes back to the TCCA. If the panel again upholds Swearingen’s conviction, he will have run out of options. His “actual innocence” petition to the Supreme Court has been denied. Any further appeals will be summarily rejected. A new execution date will be set and, barring an unprecedented last-minute pardon, he will be taken to the execution chamber at Huntsville and put down.Swearingen knows his chances are slim. “Under federal law in the United States being innocent does not matter,” he said. “If being innocent makes no difference, this country is no better than Iran or Syria, these third-world countries that kill their own citizens. How can being innocent not matter?”

The TCCA’s ruling is expected in the coming months.

PENNSYLVANIA – Governor signs execution warrant for Clearfield County man. Mark Newton Spotz


November 13,2012 http://triblive.com

Gov. Tom Corbett signed an execution warrant on Tuesday for a Clearfield County man convicted of kidnapping and robbing a woman who was slain during a four-county killing spree in 1995.

Mark Newton Spotz received the death penalty for killing three women — including Penny Gunnet, 41, of York County — in Clearfield, Schuylkill, York and Dauphin counties. His execution is scheduled for Jan. 8.

The slayings began on Jan. 31 when Spotz fatally shot his brother, Dustin, during a fight at the family home.

Gunnet, the third person to die, was on her way home from work on Feb. 2 when she stopped her car at an intersection in York. Spotz, armed with a gun, forced his way into the car and drove around before shooting Gunnet twice at close range. He abandoned her and the car.

After killing another woman that day, Spotz drove around the Carlisle area, picked up friends, bought drugs and went to a motel. There, he bragged about how he killed his brother and “these other women,” a Corbett spokeswoman said.

Gov. Ed Rendell declined a Vatican request in 2003 to commute Spotz’s death sentence because he earned bachelor’s and master’s degrees in Christian counseling while in prison and helped develop programs to guide young people in avoiding violent crime.

‘I never killed anyone’: Death Row inmate scheduled to die Thursday offers medical proof police lied about key evidence


November 13,2012 http://www.dailymail.co.uk

A death row inmate set to die Thursday is pinning his final hopes on convincing people that his victim’s dying words never happened.

When police found La Shandra Charles bleeding from neck wounds in a west Houston filed in 1988, they claimed she whispered the name of her assailant, ‘Preston,’ before dying. 

That evidence, along with the police assertion that the girl said her attacker lived nearby, were key bits of evidence in convicting Preston Hughes 11, a New York-born warehouse worker.

But Hughes attorney now says it would be medically impossible for the girl to tell police anything about her attacker and he’s got medical testimony to prove it, the Houston Chronicle reports.

‘It is simply not medically feasible that this young woman, particularly given the fact that one’s heart rate accelerates during stress, and thus blood loss occurs more rapidly, could have spoken to the officers as they claimed,’ wrote Dr. Robert White, Dr. Robert White, who was chief medical examiner in Nueces County before joining the Fort Worth forensics department.

Defense attorney Pat McCann said it would take roughly 13 minutes for police to reach Charles after she was injured, a time frame that does not allow her to be conscious by the time authorities found her with the wounds she sustained.

Assistant District Attorney Lynn Hardaway has brushed aside McCann’s argument: ‘That’s obviously this guy’s opinion.’

Hardaway further noted that in the original police report an unnamed medical technician is supposed to have heard the dying girl’s accusation.

But the technician never testified. 

A state pardons board is to review Hughe’s request to have his sentence commuted Tuesday.

Hughes, 46, was convicted of the murders of both Charles and her cousin, Marcel Taylor, 3, who was also stabbed.

At the time of his arrest, Hughes was on probation for sexually assaulting a 13-year-old girl, though he maintained innocence in that crime as well.

After his in the 1988 case, he offered two confessions to police but they contained contradictory statements.

In an interview at the time, he said the police didn’t type what he said.

He claimed that on the night of the murder he met with friends for drinks.

When he returned home he took his dog for a walk, crossing the field where the children were murdered.

He then went back to his apartment where he stayed until police knocked on his door.

‘I didn’t hear or see anything,’ he said. ‘I never killed anyone.