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Former Virginia death row prisoner to go free – Joseph M. Giarratano


A convicted double murderer who came within two days of sitting in Virginia’s electric chair will soon be a free man.

Joseph M. Giarratano, who won support from around the world fighting his 1979 conviction in the Norfolk slayings, was granted parole Monday.

“I’m confident there’s no other prisoner like him in the Commonwealth of Virginia,” said lawyer Stephen A. Northup, who represented Giarratano before the parole board.

Giarratano was a 21-year-old scallop boat worker when he confessed to killing his roommates, 44-year-0ld Barbara Kline and her 15-year-old daughter, Michelle. But his confessions were inconsistent with each other and with the physical evidence, which did not tie him to the crime. He later said that after waking up from a drug-induced stupor and finding the bodies, he simply assumed he was the killer.

His attempts to win freedom attracted the support of actor Jack Lemmon, singer Joan Baez and conservative newspaper columnist James J. Kilpatrick, among others. In 1991, Gov. L. Douglas Wilder granted Giarratano a commutation, changing his sentence from death to life and making him eligible for parole after serving 25 years.

However, Virginia Attorney General Mary Sue Terry declined to grant Giarratano a new trial, saying she was still convinced of his guilt.

n prison, the uneducated Giarratano taught himself the law and advocated for fellow prisoners. He helped secure representation for Earl Washington Jr., another death row inmate, who was eventually exonerated by DNA evidence.

Giarratano sought to have similar evidence tested in his case, but it had been destroyed by the time he was allowed to file such a request.

Adrianne L. Bennett, chairwoman of the Virginia State Parole Board, told the Richmond Times-Dispatch that the parole decision should not be read as confirming Giarratano’s innocence. While Northup is confident that his client did not commit the murders, he said he believes the Monday decision has more to do with a parole board that is more open than in the past to freeing prisoners who have behaved admirably behind bars.

Now, Northup said, Giarratano plans to move to Charlottesville and work as a paralegal with lawyer Steven D. Rosenfield. He also hopes to work with the University of Virginia Law School’s Innocence Project.

Thanksgiving on Death Row


                                                            “Free Me,” a painting by Kevin Cooper. (Kevin Cooper)

Kevin Cooper was convicted of a 1983 quadruple murder in a trial in which evidence that might have exonerated him was withheld from the defense. His case was scrutinized in a June 19 New York Times column by Nicholas Kristof. Visit savekevincooper.org for more information.

DEATH ROW, SAN QUENTIN, Calif.—As I sit here in a 4½-by-11-foot cage on Thanksgiving Day, I first and foremost am thankful to be alive. On Feb. 10, 2004, I came within 3 hours and 42 minutes of being strapped down to a gurney, tortured with lethal poison and murdered by volunteer prison-guard executioners. So, yes, I am very thankful to be alive. I am also very thankful for all the people—my legal team, friends, family, supporters and activists working to end the death penalty—who have helped make my being alive possible.

I have been in a cage like this, with two feet of space between the side of the bed and the wall, for most of my adult life, for murders I did not commit. I eat prison slop for breakfast, lunch and dinner, and the guards look up my butt at least once a day to make sure I don’t have contraband when I leave this cage.

I have been on death row in the state of California for more than 32 years, having come to this place in May 1985, and I have been fighting for my life ever since. This modern-day plantation in which I am forced to live is a very dirty and inhumane place for any human being.

After my stay of execution in 2004, I went on to suffer from post-traumatic stress for years due to that sick ritual of death this prison put me through. No human being should ever have to endure what I have, not even if they are guilty of the crime they were convicted of committing.

I am innocent, and my fate now lies in the hands of Gov. Jerry Brown. On Feb. 17, 2016, Norman Hile, my pro bono attorney from the prestigious law firm of Orrick, Herrington & Sutcliffe, filed my petition for clemency in the office of Gov. Brown. I have respectfully asked the governor and others to look at my case with an open mind, outside the legal box that has me close to being killed for murders of which I am innocent. Doing this is truly important, especially now that many Americans are learning from frequent news reports the truth about America’s criminal justice system and some of the people who work within it.

People have learned that this system is dishonest, and that some of its investigators, prosecutors and judges cannot be trusted and are more concerned with winning cases or with following their political ideology than with truth or justice. This is especially true in my case.

Start with the fact that for the first time in the history of the death penalty in California, as well as within the history of the 9th Circuit Court of Appeals, 11 federal circuit court judges dissented in one death penalty case—mine.

To show their concern as to why my case should be heard on its merits before I am executed, six of the 11 stated these words of dissent in my last appeal: “Public confidence in the proper administration of the death penalty depends on the integrity of the process followed by the state. … [Twenty-four] years of flawed proceedings are as good as no proceedings at all.”

The other five judges, showing their concern about the truth not being told in my case, stated: “The state of California may be about to execute an innocent man.” (One of them, Judge William Fletcher, later said in a speech at New York University Law School: “[Kevin Cooper] is on death row because the San Bernardino Sheriff’s Department framed him.”)

A 12th judge wrote in a separate opinion: “Significant evidence bearing on Cooper’s culpability has been lost, destroyed or left unpursued, including, for example, blood-covered coveralls belonging to a potential suspect who was a convicted murderer, and a bloody t-shirt discovered alongside the road near the crime scene. … Countless other alleged problems with the handling and disclosure of evidence and the integrity of the forensic testing and investigation undermine confidence in the outcome.”

There have been many judges in other cases who have turned a blind eye to the truth and let a poor person get executed, even when there were serious doubts about that person’s guilt, but it is rare for judges to speak out against a possible execution. If these 12 judges are ignored, what will happen to me will not be my execution but my murder at the hands of the state of California.

The political ideology of many judges allows them to ignore truth and injustice. Politics—the politics of life and death—do play a very real part in this country’s criminal justice system. That is why Republicans in Washington, D.C., would not allow President Obama to replace Antonin Scalia on the Supreme Court [after his death]. This truth may never be admitted in words, but actions speak louder than words. Among these actions are the continuing oppression of people like me, who are poor and fighting for our lives from within this rotten criminal justice system.

So while finality, rather than justice, may be what certain judges are more concerned with, it is my hope that others in positions of authority—in particular the governor—will see the miscarriage of justice in my case and stand up and speak out to prevent this state from murdering me.

What makes my case unique in many ways is the fact that a dozen federal judges did just that—they stood up and spoke out against my questionable conviction—based on all the evidence and not just what the state claims after hiding, lying, destroying, tampering with, withholding and manipulating the evidence, all of which is exposed in my clemency petition to Gov. Brown.

Just because other judges in my case chose not to acknowledge the truth about it doesn’t mean I’m guilty. This can be said for all the people who have been exonerated for crimes, including murder, they did not commit. Certain judges in their cases upheld bogus convictions and then closed the cases.

I am respectfully asking you, no matter who you are, no matter your religion, your political party, your skin color or your sexual orientation, no matter what your job is, your economic class, or anything else that makes you the individual you are, to please get involved in this fight to save my life, as well as the fight for our collective humanity.

While I may indeed be murdered by the state of California in the not-too- distant future, this fight is not just about me. It is much bigger than me or any one person. It is about us as a people bringing to an end the historic and horrific crime against humanity that is only done against America’s poor people, especially its black people like me.

My legal team and I have petitioned the governor to grant me an innocence investigation so that he and everyone else can learn the truth about the law enforcement misconduct in my case, as well as DNA testing that we hope will reveal the real killer’s DNA and exonerate me.

We are asking the governor to grant me a reprieve so that if this state resumes executions, I will not be executed. The state has me marked for death and has me at the top of the execution list, in part because it did not torture and murder me in 2004, and subsequently because of the attention my case is now receiving, with many people, including several jurors who convicted me, believing in my innocence.

There is entirely too much sadness and pain and inhumanity inside these modern-day prison/plantations to go into any one essay. Just know that I am thankful on this Thanksgiving Day that my spirit has endured and is keeping me alive, when all around me is death.

Lawyers agree to DNA testing in Swearingen’s death row case


After years of courtroom wrangling, lawyers from both sides are finally agreeing to move forward with DNA testing in the 1998 rape and murder of Montgomery College student Melissa Trotter.

The agreement, expected to be finalized in court papers in the coming weeks, comes just days after a judge called off the pending execution of death row inmate Larry Swearingen, who was convicted in the slaying nearly two decades ago and has since repeatedly professed his innocence.

“They’re doing the right thing,” defense attorney James Rytting said Sunday, pointing to another death row inmate’s alleged plan to confess to the crime as evidence of the need for testing.

A lab would likely evaluate the rape kit, the ligature used to strangle Trotter, finger nail scrapings and hair.

FAMILY’S OUTRAGE: They want answers and an apology

“We’re still working out the details, but I’m excited that Mr. Rytting has finally agreed to allow us to test this DNA,” Montgomery County District Attorney Brett Ligon said Sunday. “I’m glad to be moving forward on this matter.”

Years-long legal battles over DNA testing have become a hallmark of Swearingen’s case, which even sparked changes to state laws regarding post-conviction DNA testing in 2015. Both sides have pushed for DNA testing at times, but always using different legal mechanisms and never in agreement.

At least twice, a trial court judge sided with Swearingen’s testing requests – but each time the state slapped down the lower court’s move, ruling that new DNA wouldn’t be enough to counter the “mountain of evidence” pointing to Swearingen’s guilt.

In 2013, prosecutors filed a failed bid for DNA testing, but the defense opposed.

Now, though, an alleged death row confession plot that could have seen another convicted killer confess to Trotter’s death has sparked new interest in testing.

“Both sides now recognize that there’s a need to test the evidence,” Rytting said.

Swearingen and Trotter were seen in the college’s library together on Dec. 8, 1998 – the day of the teen’s disappearance. Afterward, a biology teacher spotted Trotter leaving the school with a man.

Hair and fiber evidence later showed that she’d been in Swearingen’s car before she vanished.

The killer’s wife testified that she came home that evening to find the place in disarray – and in the middle of it all were a lighter and cigarettes believed to belong to Trotter. Swearingen later filed a false burglary report, claiming his home had been broken into while he was out of town.

That afternoon, Swearingen placed a call routed through a cell tower near FM 1097 in Willis – a spot he would have passed while heading from his house to the Sam Houston National Forest where Trotter’s decomposing body was found 25 days later.

Swearingen was convicted and sentenced to death in 2000, but on Friday a judge approved calling off his Nov. 16 death date – the fifth one scheduled in the case – as a result of a filing snafu.

Back in August,, the Montgomery County District Clerk sent notice of the November execution scheduling to the Office of the Attorney General’s writ office instead of to the Office of Capital and Forensic Writs. Because the law requires notice to the OCFW – which defends death row convicts – to be mailed within two days of the setting of an execution, the date had to be called off. It has not been rescheduled.

Swearingen’s attorneys first pointed out the problem in court papers on Wednesday, filing a motion to withdraw the execution in light of the mistake.

But aside from the clerical issues, Rytting also requested calling off the execution in order “to investigate newly discovered information suggesting that Anthony Shore – a convicted serial killer – has confessed to the murder of Melissa Trotter,” according to court papers.

“Mr. Swearingen will seek to depose Mr. Shore in order to preserve his testimony regarding the nature of any confessions he made, to obtain a DNA sample, and to obtain all other relevant information including documents, recordings and any other evidence concerning Mr. Shore’s connection to Ms. Trotter’s murder.”

Word of the alleged confession scheme emerged on the eve of Shore’s scheduled execution on Oct. 18.

Hours before he was scheduled to die, Shore won a 90-day stay after prosecutors said the four-time killer admitted to an abandoned plan to admit to Swearingen’s crime.

Officials first found out about the possibility of a last-minute confession attempt back in July, when a death row cell search uncovered materials relating to Trotter’s killing – including a hand-drawn map marking the supposed location of more evidence – stashed in Shore’s cell.

The day before his scheduled execution, Shore told investigators he’d only considered confessing to get his friend off, and not because he’d actually committed the additional crime. The multiple murderer also agreed to answer questions about other cases, and a judge greenlit pushing back his first scheduled execution date. He is now slated to die by lethal injection on Jan. 18.

Death row inmate dies in solitary cell – Roger Coulter


November  3,2017

The Arkansas Department of Correction announced late this evening that Roger Coulter, a death row inmate at Varner Supermax, died in a solitary cell at 6:28p.m. He was 57. According to the ADC website, Coulter was imprisoned on this day in 1989.

coulter_roger.jpg

The Arkansas State Police were notified and will investigate said Solomon Graves, ADC spokesperson, as well the corner and medical examiner.Here is the full release:

Earlier this evening, at approximately 6:28 p.m., Inmate Roger Coulter SK911 was found unresponsive in his cell at the Varner Unit by a correctional officer. Inmate Coulter was pronounced dead at 7:07 p.m. Inmate Coulter was sentenced to death in 1989 for the offence of Capital Murder by a jury in Ashley County.

Here are ADC’s policies on what occurs after an inmate death.

Scott Braden, from the Federal Public Defender’s Office, sent the following statement:

We are heartbroken to hear of the passing of our long-time client and friend Roger Coulter. He was an accomplished artist and a dedicated friend and brother. We find solace in the knowledge that Roger was a committed Christian, sought forgiveness for his crimes, and is finally free from death row.

16 last meal requests from Nevada’s death-row inmates


Convicted murderer Scott Dozier is scheduled to be executed Nov. 14, 2017, the first execution in Nevada in 11 years.  (STAYED)

He will be able to request a last meal, provided it can be prepared at Ely State Prison; no outside food can be brought in.

Below are the last meal requests of prisoners executed in the state of Nevada since July 1954.

Steak
Leroy Linden, executed July 15, 1954 for the murder of Clarence Dodd.

Salami, roquefort cheese and anchovies
Frank Pedrini, executed July 15, 1954 for the murder of Clarence Dodd.

Steak and chocolate ice cream
Earl Lewis Steward, executed Feb. 24, 1960 for the murder of Thomas Jessen.

Chicken, vegetable soup, cherry pie, cheese and coffee
Thayne Archibald, executed Aug. 21, 1961 for the murder of Albert Waters.

Filet mignon, tossed salad with Thousand Island dressing, asparagus, baked potato with sour cream and an unspecified dessert
Jesse Bishop, executed Oct. 22, 1979 for the 1977 murder of David Ballard.

Jumbo shrimp, french fries, tossed salad with French dressing, clam chowder, cookies and candy
Carroll Cole, executed Dec. 6, 1985 for the 1979 murder of Marie Cushman.

Four double bacon cheeseburgers, french fries and a large Coke
William Paul Thompson, executed June 19, 1989 for the 1984 murder of Randy Waldron.

Pepsi
Sean Patrick Flanagan, executed June 23, 1989 for the 1987 murders of James Lewandowski and Albert Duggins.

Pizza with anchovies, apple pie, chocolate ice cream, jelly doughnuts and soft drinks
Thomas E. Baal, executed June 3, 1990 for the 1988 murder of Frances Maves.

Lasagna, chicken Parmesan, salad and ice cream
Richard Allen Moran, executed March 30, 1996 for the 1984 murders of Sandra Devere, Russell Rhodes and Linda VanderVoort.

No special request — standard inmate meal
Roderick Abeyta, executed Oct. 5, 1998 for the 1989 murder of Donna Martin.

Steak, rice, corn, applesauce and a Sprite
Alvaro Calambro, executed April 5, 1999 for the 1994 murders of Peggy Crawford and Keith Christopher.

Crab salad, French bread, 4-ounce lobster tail, mango, cheesecake, vanilla ice cream and aloe juice
Sebastian Stephanous Bridges, executed April 21, 2001 for the 1997 murder of Hunter Blatchford.

Cheeseburger with onions, pickle and tomatoes; french fries; three slices of pepperoni pizza; one pint each of vanilla, chocolate and chocolate chip ice cream; apple; banana; orange; a 20-ounce Coke and a 20-ounce Pepsi
Lawrence Colwell Jr., executed March 26, 2004 for the 1994 murder of Frank Rosenstock.

Two cheeseburgers and a Coke
Terry Jess Dennis, executed Aug. 12, 2004 for the 1999 murder of Ilona Straumanis.

Fish sandwich, french fries and lemon-lime soft drink
Daryl Mack, executed April 26, 2006 for the 1988 murder of Betty Jane May.

Who’s on death row in York County murders?


November  21,  2017

There are nearly 200 people on death row in Pennsylvania. Thirteen of them — all men — were convicted and sentenced to death for murders committed in York County.

One currently is awaiting a resentencing hearing, another is awaiting a new trial.

Since 1985, Pennsylvania governors have signed hundreds of execution warrants.

Three executions have been carried out — two in 1995 and one in 1999– since a 10-year national moratorium on the death penalty ended in 1977.

Gov. Tom Wolf put a moratorium on the death penalty in 2015 citing a need for further study.

York County death row inmates, who all are housed at the maximum security prison in Greene County, are:

·Paul Gamboa-Taylor

Gamboa-Taylor was sentenced Jan. 23, 1992, after pleading guilty to the May 18, 1991, hammer slayingsof four family members: his wife, Valeria L. Gamboa-Taylor; their two children, Paul, 4, and Jasmine, 2; and another child, Lance Barshinger, 2.

He received a life sentence for killing his mother-in-law, Donna M. Barshinger.

·Hubert Lester Michael Jr.

Michael was sentenced March 20, 1995, after pleading guilty to the July 12, 1993, abduction and shooting death of 16-year-old Trista Elizabeth Eng in the Dillsburg area.

Michael unsuccessfully attempted to withdraw his guilty plea. Execution warrants were signed in 1996 by Gov. Tom Ridge and 2004 by Gov. Ed Rendell.

·Mark Newton Spotz 

Spotz was sentenced April 24, 1996, for the Feb. 2, 1995, shooting death of Penny Gunnet, 41, of New Salem.

Gunnet was his third victim in a four-day crime spree through central and eastern Pennsylvania.

Spotz also received death sentences for the murders of June Rose Ohlinger of Schuylkill County, and Betty Amstutz, 71, of Cumberland County.

An execution warrant for the York County conviction was signed by Ridge in 2001. He received a stay in the Gunnet murder in 2001.

·John Amos Small 

Small was sentenced June 19, 1996, after being convicted of murder and attempted rape of 17-year-old Cheryl Smith.

Smith’s body was found in West Manheim Township in 1981.

Execution warrants were signed in 2001 by Ridge and in 2009 by Rendell.

·Kevin Brian Dowling

Dowling was sentenced Dec. 14, 1998, for the Oct. 20, 1997, shooting death of Jennifer Lynn Myers inside her art and frame shop just outside Spring Grove.

An execution warrant was signed in 2007 by Rendell.

·Milton and Noel Montalvo

Milton was sentenced Feb. 14, 2000, and Noel was sentenced April 14, 2003, for the April 19, 1998, stabbing deaths of Miriam Asencio-Cruz and Manuel Ramirez Santana inside Cruz’s York apartment.

Rendell signed an execution warrant for Noel Montalvo in July 2010 and signed one for Milton in January 2011. Milton Montalvo is awaiting a resentencing hearing

·Harve Lamar Johnson

Johnson was sentenced Nov. 16, 2009, for the April 7, 2008, beating death of 2-year-old Darisabel Baez, his girlfriend’s daughter, in York.

·Kevin Edward Mattison

Mattison was sentenced Dec. 17, 2010, for the Dec. 9, 2008, robbery and shooting of Christian Agosto in York.

Mattison had previously been convicted of third-degree murder and served prison time in Maryland.

·Hector Morales

Morales was sentenced Jan. 21, 2011, for the 2009 shooting death of Ronald “Country” Simmons Jr.

Police said Morales broke into Simmons’ York home and shot him six times because Simmons was set to testify in a drug case.

·Aric Shayne Woodard

Woodard was sentenced to death Dec. 18, 2013, for the Nov. 7, 2011, beating death of 2-year-old Jaques Omari Twinn.

·Timothy Matthew Jacoby

Jacoby was sentenced to death Oct. 9, 2014, for the March 31, 2010, shooting death of Monica Schmeyer, 55, while he burglarized her West Manheim Township home.

·Also of note

Daniel Jacobs was sentenced to death Sept. 18, 1992, for the Feb. 10, 1992, stabbing death of his girlfriend, Tammy Lee Mock of York, and life in prison for the drowning of their 7-month-old daughter, Holly Danielle Jacobs.

Federal courts overturned Jacobs’ conviction and death penalty for Mock’s murder in 2005, ruling his jury should have been informed his mental deficiencies might not have allowed him to form the specific intent to kill Mock.

While Jacobs continues to serve a life sentence for Holly’s death, he will stand for re-trial in 2016 for Mock’s murder. The Pennsylvania Department of Corrections still lists him as a death row inmate.

Nevada Condemned Inmate Complains of Death Penalty Delay


November  21,2017

 

Nevada death row inmate Scott Dozier appears in a Las Vegas court via video on Wednesday, Nov. 8, 2017, days before his scheduled execution. From the state prison in Ely, where he is scheduled to be executed on Tuesday, Dozier, 46, told Clark County District Court Judge Jennifer Togliatti one last time that he wants his death sentence carried out. (Michael Quine/Las Vegas Review-Journal) The Associated Press

 The Nevada death row inmate whose execution was postponed last week is complaining to a judge that he’s suffering what he calls an open-ended and unnecessary delay.

State prisons spokeswoman Brooke Keast said Tuesday that Scott Raymond Dozier (DOH’-sher) was returned to suicide watch on Nov. 14, the day he had been scheduled to die by lethal injection at Ely State Prison.

Dozier turned 47 on Monday.

He has volunteered die, and would become the first person executed in Nevada since 2006.

Court documents show that he sent a Nov. 13 letter asking Clark County District Court Judge Jennifer Togliatti to lift a stay of execution that she issued over concerns about the three-drug cocktail that prison officials want to use.

The matter is now destined for review by the Nevada Supreme Court.

 

Death row inmate in ‘Angola 5’ case wants Louisiana Supreme Court justice recused over death penalty comments


November  21,2017

Update, 2 p.m. Tuesday

Louisiana Supreme Court Justice Scott Crichton recused himself on Tuesday from the pending appeal of death row inmate David Brown in the “Angola 5” prison-guard murder case. Read the latest here. 

Original story

Louisiana Supreme Court Justice Scott Crichton has proven a popular guest on local talk radio in his native Shreveport, frequenting the airwaves with his views on hot-button legal issues since long before he reached the state’s highest bench three years ago.

But his on-air defense last month of capital punishment has spurred attorneys for death-row inmate David Brown to call for Crichton to be sidelined for Brown’s pending appeal in the “Angola 5” prison-guard murder case.

Crichton, a former Caddo Parish prosecutor and district judge, mentioned the Angola 5 case on the KEEL morning show on Oct. 23 to illustrate his view that the death penalty can be a valuable deterrent. He agreed with a show host that “if you’re in for life, you have nothing to lose” without it.

Brown was serving a life sentence for a different murder when Capt. David Knapps was killed inside a bathroom at the state penitentiary.

In a 24-page motion filed late Monday, his attorneys argue that Crichton’s mention of the Angola 5 case alone warrants his recusal. Crichton went further, however, and Brown’s attorneys argue that his other on-air remarks reveal at least the appearance of bias in Brown’s case, and perhaps in any capital case that reaches the court.

n the Oct. 23 show, Crichton first acknowledged that he “can talk about anything other than a pending case before the Louisiana Supreme Court,” then mentioned the Angola 5 case. He went on to lament the lengthy appeals process in death-penalty cases and argued for well-publicized executions.

“If it’s carried out and the public knows about it, I believe it’s truly a deterrent,” he said. “What really boggles my mind is the inmate who has committed capital murder who is on death row who is begging for his life. Think about the fact that the victim gets no due process.”

Crichton suggested a workaround to problems many states have had in acquiring one of three drugs in a commonly used “cocktail” for state killings — a shortage he blamed on drug companies being “harassed and stalked” by death-penalty opponents.

Crichton said he favors giving condemned inmates a choice in their death: the cocktail; a new method using a single drug, nitrogen hypoxia; or another, time-tested execution method.

“Firing squad is one,” he said.

Brown had joined other prisoners in an escape attempt but claimed he wasn’t there when Knapps was killed inside an employee restroom in the prison’s Camp D building on Dec. 28, 1999. Brown helped drag Knapps there and got the victim’s blood on his prison garb, but said he’d left before other inmates killed Knapp.

The state never accused him of striking Knapps but argued he had joined in a plot with a specific intent to kill. A West Feliciana Parish jury convicted Brown and sentenced him to death in 2011. Jeffrey Clark, the other Angola 5 member sentenced to death, lost his appeal before the Louisiana Supreme Court last year.

Crichton was among the majority in a Supreme Court decision last year that reinstated the death penalty for Brown. The court upheld an appeals court’s reversal of a decision by retired Judge Jerome Winsberg to scrap Brown’s death sentence but not his conviction.

Winsberg cited a statement from another inmate that Brown’s trial attorneys never received. Inmate Richard Domingue claimed that Barry Edge, who also was accused in the murder, had confessed that he and Clark alone decided to kill the guard.

The withheld statement left a “reasonable probability that the jury’s verdict would have been different had the evidence not been suppressed,” Winsberg ruled. But the Supreme Court found that Domingue’s statement “provides no additional evidence as to who actually killed Capt. Knapps” and “simply does not exculpate Brown.”

The U.S. Supreme Court last year declined to hear Brown’s case. His direct state appeal, a different legal phase, landed with the Louisiana Supreme Court in May. One of Brown’s lawyers, Billy Sothern, wrote that he plans to raise several issues in an appeal brief due next month that Crichton alluded to on the radio. Among them: Whether a death sentence is disproportionate to Brown’s role in the killing, and the constitutionality of lethal injection.

Brown’s attorneys solicited an affidavit from a Northwestern University law professor, agreeing that Crichton should recuse himself. Professor Steven Lubet, who co-authored a 2013 text called Judicial Conduct and Ethics, said Crichton’s “impartiality might reasonably be questioned” over his mention of the Angola 5 case, and when he said about the death penalty, “If we’re gonna have it, use it.”

The other six justices would rule on the request if Crichton decides not to recuse himself. Crichton could not be reached for comment Tuesday.

LOUISIANA – Man freed from death row blames conviction on racial bias


November 21,  2017

A biased autopsy and a prosecutor’s racism and religious fervor corrupted the murder case against a black man freed from Louisiana’s death row, a federal lawsuit says.

Rodricus Crawford, 29, sued the Caddo Parish coroner and district attorney’s offices last Thursday, one year after the Louisiana Supreme Court overturned his first-degree murder conviction in the death of his 1-year-old son.

Crawford’s lawsuit claims authorities recklessly disregarded medical evidence that his son, Roderius Lott, had pneumonia and died of natural causes. Investigators accused Crawford of smothering the child at their Shreveport home in February 2012.

The suit also says Crawford was deprived of a fair trial by a prosecutor with a “racist world view” who followed a “biblical command” to secure the death penalty against black defendants.

That prosecutor, former acting District Attorney Dale Cox, is an outspoken advocate of the death penalty who told a reporter he believes the state needs to “kill more people.” Cox personally prosecuted one-third of the Louisiana cases that resulted in death sentences between 2010 and 2015, according to the Death Penalty Information Center.

Caddo Parish has a “well-known history of racism and the arbitrary application of the death penalty,” the lawsuit says.

The night before his son’s death, Crawford and the child were sleeping in a fold-out couch. Relatives called 911 after Crawford woke up the next morning and noticed his son wasn’t moving or breathing.

The parish coroner had a “preconceived suspicion” that the child had been smothered to death based on the family’s race and neighborhood where they lived, the suit says. The forensic pathologist who performed the autopsy didn’t take routine tissue samples that would have shown the timing of the child’s injuries, the suit says. The pathologist also falsely claimed that bacteria found in the child’s blood may have come from a contaminated sample, it adds.

Their “preconceived expectations and theories were based on race and racism, and they operated with deliberate indifference to these accepted professional standards of practice,” the lawsuit says.

The suit describes Crawford as a “proud and loving father” and accuses Cox of falsely portraying him as an absentee dad during his trial.

“This argument was based on racial stereotypes and animus, and not upon the facts of this case,” it says.

Cox said Monday that he hadn’t seen the lawsuit and couldn’t comment on its allegations. John Prime, a spokesman for both the coroner and district attorney’s offices, said he can’t comment on pending litigation.

James Stewart, who also is named as a defendant in the suit, became the first black district attorney in Caddo Parish after Cox decided not to run for election.

Crawford was sentenced to death in November 2013 and remained on death row until the state Supreme Court reversed his conviction last year. The district attorney’s office declined to retry him.