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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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Anti-Death Penalty Activists Are Winning The Fundraising Battle In Nebraska


In May, the state abolished the death penalty. Now, the fundraising race is on between groups trying to put the death penalty up for a statewide vote – or keep it off the ballot.
After the Nebraska legislature successfully abolished the death penalty in the state, an expensive battle has begun to bring it back. But so far, the side against the death penalty is winning the fundraising battle.
The money is all about the potential for a statewide vote on the death penalty.
In May, the state’s conservative legislature narrowly overruled Republican Gov. Pete Rickett’s veto of the measure that abolished the death penalty. Ricketts vowed there would be a referendum to give voters the option to bring it back. Nebraskans for the Death Penalty will need to collect 57,000 signatures by August to get the vote on the ballot. If they can manage to collect 114,000 signatures, the death penalty will remain on the books until voters weigh in.
The group estimates that it would need to spend about $900,000 to do so. So far, though, the group has been outraised by an organization opposing the death penalty referendum, according to campaign finance reports filed with the Nebraska Accountability and Disclosure Commission.
Nebraskans for the Death Penalty raised $259,744 – and more than 75% of that came from the governor’s family. Ricketts and his father, the founder of TD Ameritrade, have given $200,000 to the group.
Another $10,000 was given to the pro-death penalty organization by an Omaha police union.
Nebraskans for the Death Penalty has spent almost all of the money it has currently raised in starting the signature collecting process. The group has $26,000 in cash remaining, but has $25,000 in unpaid legal and consulting bills.
On the other side, Nebraskans for Public Safety (an anti-death penalty group) has not yet filed its full campaign finance report as of Thursday evening. But the group has disclosed receiving a $400,000 contribution from a progressive organization called Proteus Action League. The group is a 501c(4), meaning it does not disclose its donors.
This isn’t the 1st time Proteus Action League has spent money against the death penalty – the group spent more than $3.4 million on anti-death penalty efforts in 2012, according to an IRS filing.
The anti-death penalty group Nebraskans for Public Safety, which is affiliated with Nebraskans for Alternatives to the Death Penalty and the American Civil Liberties Union of Nebraska, has spent some of the money on television ads urging voters to not sign the petition.
Regardless of the outcome, Ricketts believes he will still be able to carry out the executions of the 10 men on death row. In pursuit of that, his Department of Correctional Services has spent more than $50,000 on execution drugs from a seller based in India.
Since the drugs are not approved by the Food and Drug Administration, the federal government says it intends to detain the shipment when it arrives.
Source: buzzfeed.com, July 1, 2015

 

Florida’s lethal-injection drug gets Supreme Court nod


June 29, 2015

The Supreme Court’s decision Monday to uphold the use of a controversial drug in lethal-injection executions will have ramifications for the 395 people on Florida’s death row as well as on the upcoming execution of a man who killed four family members in Orlando in 1985.

Florida Supreme Court justices stayed the Feb. 26 execution of Jerry Correll pending the high court’s ruling over midazolam — the first drug administered during a three-step process to execute inmates in a handful of states, including Florida.

Monday’s decision prompted a motion from Florida officials state to lift the stay.

Executions in other states have raised concerns the sedative did not perform its intended task of putting inmates into a comalike sleep. Correll’s attorneys argued that point in an emergency motion to delay his execution at least until the Supreme Court offered its opinion. A jury convicted their client of stabbing and killing his 5-year-old daughter, ex-wife, mother-in-law and sister-in-law.

But Monday’s ruling just preserves the status quo in Florida and in the other 31 states that use capital punishment, said Orlando attorney Steven Laurence. It means midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.

“The Florida Supreme Court acknowledged when they granted a stay that there has been some issues [with the drug], and they wanted to the U.S. Supreme Court to speak to that issue,” said Laurence, who’s been trying death-penalty cases at the state Supreme Court for more than a decade.

“Now they’ve spoken to that issue, and from the perspective of a Florida practitioner such as myself, it’s back to business as usual.”

Florida remains among the most active states using the death penalty, putting 16 people to death in the past three years, according to the Death Penalty Information Center, a national nonprofit research group.

Florida Gov. Rick Scott has signed more death warrants than any other modern Florida governor in a single term.

The Orange-Osceola State Attorney’s Office is seeking the death penalty in seven cases this year, according to a spokeswoman. Defendants in those cases include Sanel Saint Simon, the Orange County man accused of beating his girlfriend’s 16-year-old daughter to death, and Bessman Okafor, the suspected mastermind behind a witness-execution plot.

This won’t be the last time a U.S. Supreme Court ruling affects Florida’s death penalty.

The high court agreed to hear in its next term a case called Hurst v. Florida, a challenge to the state’s procedure for determining a death sentence.

Florida is the only state that doesn’t require a unanimous jury to recommend death. Rather, a majority vote, after a special hearing on factors that could justify or mitigate the death penalty, will send a convict to death row.

A trial judge must either approve or reject that recommendation.

Laurence said this case has a better chance at affecting Florida’s procedures because the practice is an outlier among other states.

“It seems contrived that to find a person guilty of the death penalty requires a unanimity, but to actually execute them does not,” he said. “To me, that’s a much more compelling issue.”

In its ruling on Correll’s execution, Florida Chief Justice Jorge Labarga wrote in the majority opinion that the stay was justified because the Oklahoma protocol under review by the U.S. Supreme Court is “virtually identical” to Florida’s process.

“Without the stay of execution in this case, Florida risks the unconstitutional execution of Correll, for which there is no remedy.”

Clarification came Monday in a 5-4 decision by the Supreme Court as two dissenting justices said for the first time that they think it’s “highly likely” that the death penalty itself is unconstitutional.

Justice Samuel Alito said arguments the drug could not be used effectively as a sedative in executions are speculative.

In dissent, Justice Sonia Sotomayor said, “Under the court’s new rule, it would not matter whether the state intended to use midazolam, or instead to have petitioners drawn and quartered, slowly tortured to death, or actually burned at the stake.”

In a separate dissent, Justice Stephen Breyer said the time has come for the court to debate whether the death penalty itself is constitutional. Justice Ruth Bader Ginsburg joined Breyer’s opinion.

Information from The Associated Press was used in this report.

Freed from death row, woman, 58, finds peace in forgiveness


june 29, 2015

JACKSON, Miss. (AP) — A woman freed after 16 years on Mississippi’s death row says God helped her come to peace with herself and the fact that until recently, her execution might come any time.

Michelle Byrom tells a local paper that she has forgiven her son and others she feels treated her wrongly. Her son, Edward Byrom Jr., testified against her but later allegedly confessed.

Byrom was convicted of getting her son to hire a hit man to kill her husband. The Mississippi Supreme Court ordered a new trial in March.

She pleaded “no contest” Friday, asserting innocence but acknowledging prosecutors could probably convince a jury otherwise.

Byrom says that after the brief court hearing in Tishomingo County, she and her brother didn’t stop for lunch until they got to Tennessee.

The Green River Killer Moved To Colorado, But Why?


The Green River Killer was locked away in a Washington state prison for more than a decade, but that has changed. Serial killer Gary Ridgeway has reportedly been relocated to a maximum security facility in Colorado — approximately 1,300 miles away from where he was originally imprisoned. So why did authorities relocate this notorious murderer?

 

The Seattle Times reports that Ridgeway is now housed in a federal penitentiary which is located in Florence, Colorado. However, authorities refused to comment on why the killer was relocated to the maximum security prison, when he’s been stationary up in Washington state for so long. Spokesman Andrew Garber with the Department of Corrections gave a short and to-the-point response to media questions.

“The department constantly evaluates and reviews the overall safety and security of our operations, and makes decisions regarding the housing of offenders accordingly. The department does not comment about individual offenders and their circumstances.”

So for now it will remain unknown as to why the Green River Killer landed himself some new digs in a state more than 1,000 miles away from his home.

Gary Ridgeway became known worldwide as the Green River Killer when he confessed to the murders of at least 49 women across the country. His murderous appetite put him in the ranks of America’s most prolific serial killers, such as Ted Bundy and John Wayne Gacy. All of his victims were prostitutes and women who lived their lives on the outer boundaries of society, but Ridgeway didn’t count on his victims also having loved ones who aggressively pushed for justice.

The Green River Killer not only admitted to killing numerous women to avoid the death penalty, but he’s reportedly tried to devote his time post-conviction to helping locate the bodies of all the missing people he allegedly killed. KOMO News reports that Ridgeway has claimed to have racked up at least 80 bodies, and he wants to prove that to authorities, and the world. He’s also expressed that this is his way of making right by his past, which he cannot change.

What do you think about the news of Ridgeway’s relocation to Colorado? Do you think it has anything to do with him assisting in the search for more of his victims? As The Green River Killer, Gary Ridgeway was active for many years as he picked off victims along the Green River. However, he also dumped bodies over state lines in order to throw off police who were investigating the murders. Does that mean he could have picked up victims in Colorado as well?

Florida. death penalty faces scrutiny from Supreme Court


June 28, 2015

— Thirteen years after the U.S. Supreme Court ruled that juries, not judges, should decide death sentences, Florida stands alone in how its justice system imposes capital punishment.

“Florida’s capital sentencing system is unique among all 33 American jurisdictions that permit capital punishment,” the American Bar Association says in a brief filed before the nation’s highest court. “Indeed, the Florida Supreme Court has characterized Florida as ‘the outlier state.’ ”

Now the nation’s highest court is poised to consider in its next term whether Florida needs to change its system for deciding whom to execute.

The issue concerns the role of juries in death penalty decisions. It’s an aspect of the state’s system of capital punishment that courts have struggled with for years.

In Florida, as in other states, when defendants are convicted of murder in a death penalty case, juries hear evidence regarding the existence of “aggravating factors,” or aspects of the case that weigh in favor of a death sentence, as well as “mitigating factors,” information that favors a sentence of life in prison without the possibility of parole.

In recommending a sentence, a jury determines whether aggravating factors in a case outweigh the mitigating circumstances and justify the imposition of a death sentence.

But Florida juries, unlike most other states, are told their decisions are merely advisory, and that the judge will make the ultimate determination over whether to sentence a defendant to death. Trial judges in Florida are required to make their own, independent findings and are permitted to impose sentences different from jury recommendations.

Juries in Florida also are not required to reach unanimous decisions on the existence of specific aggravating factors or on whether to recommend a death sentence.

No other state allows the imposition of a death sentence without jurors either finding unanimously that a specific aggravating factor has been established or unanimously finding that capital punishment is appropriate.

The American Bar Association, which takes no position on the overall constitutionality of the death penalty, is urging the U.S. Supreme Court to direct Florida to make changes and require jurors to specify which aggravating factors they have unanimously found to be present. The association wants the high court to require jurors to unanimously agree on the imposition of death sentences.

The American Bar Association reviewed the state’s death penalty system in 2006 and found the need to improve its fairness and accuracy.

Among the findings was that there was significant confusion among jurors in capital cases. “Research establishes that many Florida capital jurors do not understand their role and responsibilities when deciding whether to impose a death sentence,” the association’s report stated.

The ABA also concluded that not requiring jurors to be unanimous “reduces the jury’s deliberation time and thus may diminish the thoroughness of the deliberations.”

The U.S. Supreme Court in 2002 threw out Arizona’s system of capital punishment, ruling it was unconstitutional because judges, not juries, determined the existence of aggravating factors and sentenced defendants to death.

Months later, the Florida Supreme Court left intact the state’s system of capital punishment, concluding that the U.S. Supreme Court had repeatedly reviewed it and found it constitutional.

The state’s high court noted that the U.S. Supreme Court had refused to hear the appeal of one of the Florida defendants challenging the state system, even after it made the Arizona decision.

That Florida appeal involved Amos Lee King, who was later executed for the 1977 murder of Natalie “Tillie” Brady inside her Tarpon Springs home. Brady was raped, stabbed and beaten while King was in a nearby prison work-release program.

The state Supreme Court called in 2005 for the state Legislature to make changes to the state’s death penalty law to require unanimity in jury recommendations. But state lawmakers didn’t act.

In the ensuing years, the state Supreme Court continued to hold that the state’s death penalty system is constitutional. One of those rulings came in the Escambia County case of Timothy Lee Hurst, convicted of murdering coworker Cynthia Harrison in a robbery at Popeye’s restaurant on May 2, 1998.

The state Supreme Court initially upheld Hurst’s conviction and death sentence but later granted him a new penalty phase hearing on the grounds his original defense lawyer failed to properly pre­sent and investigate mitigating evidence relating to his borderline intelligence and possible brain damage. At the conclusion of the second sentencing hearing, jurors returned a verdict of 7-5 in favor of death.

Hurst appealed again to the state Supreme Court, which upheld his death sentence, rejecting arguments that included assertions the jury should have been required to unanimously find a specific aggravating circumstance and unanimously decide his sentence.

The state Supreme Court noted in its Hurst ruling that it has previously concluded that the U.S. Supreme Court ruling in the Arizona case did not require juries to make specific findings of aggravating factors or to make unanimous decisions regarding death sentences. The Florida court refused to revisit its prior rulings.

Hurst also argued the jury should have been required to determine whether he was mentally disabled, a finding that would have barred the implementation of the death penalty. After hearing testimony from witnesses and experts, the trial judge ruled that Hurst was not mentally disabled.

The state Supreme Court ruled that although some states require such findings be made by juries, Florida is not one of those states, and the U.S. Supreme Court has not mandated that procedure.

Hurst appealed to the U.S. Supreme Court, which agreed to hear the case in its next term, which begins in October.

 

Georgia: As Court Prepares to Hear Juror Exclusion Case, A Look at Tactics That Exclude Blacks from Juries


June 25, 2015

This fall, the U.S. Supreme Court will hear a Georgia case, Foster v. Humphrey, in which an all-white jury sentenced a black man to death after prosecutors struck every black prospective juror in the case.
The Court will determine whether prosecutors violated the Court’s 1986 decision in Batson v. Kentucky, which banned the practice of dismissing potential jurors on the basis of race.
In anticipation of the case, The New Yorker published an analysis of tactics used to evade Batson challenges by providing race-neutral reasons for striking jurors.
In Philadelphia, a training video told new prosecutors, “When you do have a black juror, you question them at length. And on this little sheet that you have, mark something down that you can articulate later….You may want to ask more questions of those people so it gives you more ammunition to make an articulable reason as to why you are striking them, not for race.”
In the 1990s, prosecutors in North Carolina — whose use of peremptory strikes have been held to violate that state’s Racial Justice Act — held training sessions featuring a handout titled, “Batson Justifications: Articulating Juror Negatives.” Defense attorneys can challenge these reasons, but such challenges are rarely successful.
Stephen Bright, president of the Southern Center for Human Rights, who is representing Foster, said, “You’re asking the judge to say that the prosecutor intentionally discriminated on the basis of race, and that he lied about it. That’s very difficult psychologically for the average judge.”
Justice Thurgood Marshall recommended banning peremptory strikes so as to stop racial bias in jury selection. Louisiana Capital Assistance Center director Richard Bourke suggests a more politically realistic reform: track the racial makeup of juries in order to raise public awareness of bias.
Source: DPIC, June 24, 2015

 

Federal Hate Crime Charges Likely in South Carolina Church Shooting


June 24, 2015

 WASHINGTON — The Justice Department will likely file federal hate crime charges against the man suspected of carrying out a massacre at a storied black church in South Carolina, federal law enforcement officials said Wednesday.
Dylann Roof, 21, already faces nine counts of murder and could receive the death penalty in state court. But there is widespread agreement among officials at the Justice Department and Federal Bureau of Investigation that the shooting at Emanuel A.M.E. Church in Charleston was so horrific and racially motivated that the federal government was obligated to address it, law enforcement officials said.
F.B.I. analysts have also concluded “with a high degree of certainty” that Mr. Roof posted a racist manifesto online, which could be a key to any federal charges, a law enforcement official said. The website was registered in February under Mr. Roof’s name, but the name was made anonymous the following day.
In cases involving violations of both state and federal law, the Justice Department often refrains from bringing federal charges, particularly when suspects face long state prison sentences. But South Carolina does not have a hate crimes law, and federal investigators believe that a murder case alone would leave the racial component of the shooting unaddressed.
The site also showed 60 photographs, including one of Mr. Roof holding a Confederate flag in one hand and a handgun in the other. Other photos of Mr. Roof appeared to have been taken at Confederate heritage sites and slavery museums.
Analysts at the F.B.I. laboratory in Quantico, Va., are also analyzing a computer and phone that Mr. Roof had used, officials said. The agents and analysts are piecing together Mr. Roof’s communications and uncovering any information that may have been deleted.
When federal and state prosecutors each bring charges, they typically coordinate their cases so one does not undermine the other. The death penalty could be a factor. South Carolina’s murder law carries a possible death sentence, while a violation of the federal hate crime law carries up to life in prison. Nikki Haley, the governor of South Carolina, has called for Mr. Roof to face the death penalty.

Boston Marathon Bomber Dzhokhar Tsarnaev Addresses Victims


June 24, 2015

Dzhokhar Tsarnaev, condemned to death for carrying out a bombing attack near the finish line of the Boston Marathon, broke his long silence Wednesday, delivering an allocution to a packed Boston federal courtroom.

Here is Tsarnaev’s full statement, provided by the U.S. District Court:

Thank you, your Honor, for giving mean opportunity to speak. I would like to begin in the name of Allah, the exalted and glorious, the most gracious, the most merciful, “Allah” among the most beautiful names.

Any act that does not begin in the name of God is separate from goodness. This is the blessed month of Ramadan, and it is the month of mercy from Allah to his creation, a month to ask forgiveness of Allah and of his creation, a month to express gratitude to Allah and to his creation. It’s the month of reconciliation, a month of patience, a month during which hearts change. Indeed, a month of many blessings.

The Prophet Muhammad, peace and blessings be upon him, said if you have not thanked the people, you have not thanked God. So I would like to first thank my attorneys, those who sit at this table, the table behind me, and many more behind the scenes. They have done much good for me, for my family. They made my life the last two years very easy. I cherish their company. They’re lovely companions. I thank you.

I would like to thank those who took time out of their daily lives to come and testify on my behalf despite the pressure. I’d like to thank the jury for their service, and the Court.

The Prophet Muhammad, peace and blessings be upon him, said that if you do not — if you are not merciful to Allah’s creation, Allah will not be merciful to you, so I’d like to now apologize to the victims, to the survivors. Immediately after the bombing, which I am guilty of — if there’s any lingering doubt about that, let there be no more. I did do it along with my brother.

I learned of some of the victims. I learned their names, their faces, their age. And throughout this trial more of those victims were given names, more of those victims had faces, and they had burdened souls. Now, all those who got up on that witness stand and that podium related to us — to me — I was listening — the suffering that was and the hardship that still is, with strength and with patience and with dignity. Now, Allah says in the Qur’an that no soul is burdened with more than it can bear, and you told us just how unbearable it was, how horrendous it was, this thing I put you through. And I know that you kept that much. I know that there isn’t enough time in the day for you to have related to us everything.

I also wish that far more people had a chance to get up there, but I took them from you. Now, I am sorry for the lives that I’ve taken, for the suffering that I’ve caused you, for the damage that I’ve done. Irreparable damage. Now, I am a Muslim. My religion is Islam. The God I worship, besides whom there is no other God, is Allah.

And I prayed for Allah to bestow his mercy upon the deceased, those affected in the bombing and their families. Allah says in the Qur’an that with every hardship there is relief. I pray for your relief, for your healing, for your well-being, for your strength.

I ask Allah to have mercy upon me and my brother and my family. I ask Allah to bestow his mercy upon those present here today. And Allah knows best those deserving of his mercy. And I ask Allah to have mercy upon the ummah of Prophet Muhammad, peace and blessings be upon him. Amin.

Praise be to Allah, the Lord of the Worlds.

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.