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)

First US man released by DNA evidence after being on death row celebrates 20th year


june 28, 2013

ANNAPOLIS, Md. — A man who was on Maryland’s death row for a murder he didn’t commit is celebrating the 20th anniversary of his release.

Kirk Bloodsworth is marking the anniversary on Friday, just months after Maryland banned the death penalty.

Bloodsworth, who recently moved from Maryland to Philadelphia to be director of advocacy for Witness to Innocence, was twice convicted of a girl’s 1984 murder. He spent two years on death row following his first trial. A second trial brought another conviction, although he received a life sentence instead of capital punishment.

Bloodsworth was cleared in 1993, becoming the first American freed because of DNA evidence after being convicted in a death penalty case.

Reflecting on his experience, Bloodsworth says: “If it can happen to me, it can happen to anyone.”

Death Row Prisoner William Van Poyck’s Final Farewell


June 26, 2013 truthdig.com

On June 12, the state of Florida executed William Van Poyck. Van Poyck was convicted of killing a corrections officer during a failed attempt to free a prisoner in 1987. He spent 26 years on death row. From 2005 on, he recorded his observations and reflections from inside America’s system of capital punishment in a blog called Death Row Diary.

 

In a May article, Truthdig columnist Chris Hedges wrote that Van Poyck “spent years exposing the cruelty of our system of mass incarceration.” He “was one of the few inside the system to doggedly bear witness to the abuse and murder of prisoners on death row.”

 

On June 25, Van Poyck’s sister published his final two letters, addressed to her. We reprint them here in full.

June 3, 2013

Dear Sis~

Ten days ‘till departure time. You already know that they killed my neighbor, Elmer, 5 days ago. Then they moved me into his cell. After they execute someone they move the rest of us down one cell, working our way to cell#1, the launching pad to the gurney next door. This is a bad luck cell; very few of us get out of here alive!  In two days I’ll go onto Phase II and they’ll move all  my property from my cell, and post a guard in front of my cell 24/7 to record everything I do. These will be hectic days, freighted with emotion, all the final letters, all the final phone calls, final visits, final goodbyes. Things have become even more regimented as “established procedures” increasingly take over. More cell front visits from high ranking administration and DOC officials asking if everything is O.K., forms to fill out (cremation or burial?). I declined the offer of a “last meal”. I’m not interested in participating in that time-worn ritual, to feed some reporter’s breathless post-execution account. Besides, material gratification will be the last thing on my mind as I prepare to cross over to the non-material planes. Watching Elmer go through his final days really drove home how ritualized this whole process has become; the ritual aspect perhaps brings some numbing comfort – or sense of purpose – to those not really comfortable with this whole killing people scheme. This is akin to participating in a play where the participants step to a rote cadence, acting out their parts in the script, with nobody pausing to question the underlying premise. It’s like a Twilight Zone episode where you want to grab someone, shake them hard, and yell “Hey, wake up! Don’t you know what’s going on here?!!!”

My very accelerated appeal is before the Florida Supreme Court; my brief is due today, (Monday), the state’s brief tomorrow and oral arguments are scheduled for Thursday June 6th (D-Day Anniversary). I expect an immediate ruling, or perhaps on Friday. By the time you read this you’ll already know the result and since there’s no higher court to go to on this you’ll know if I live or die on June 12th. I am not optimistic, Sis. Although I have some substantial, compelling issues, as you know (e.g., my appointed direct appeal attorney who turned out to be a mentally ill, oft-hospitalized, crack head, convicted of cocaine possession and subsequently disbarred whose incompetence sabotaged my appeal) the law provides the courts with countless ways to deny a prisoner any appellate review of even the most meritorious claims. I won’t turn this into a discourse on legal procedures; but many years of observation has taught me that once a death warrant is signed it’s near impossible to stop the  momentum of that train. Issues that would normally offer you some relief, absent a warrant, suddenly become “meritless” under the tension of a looming execution date. Nobody wants to be the one to stop an execution, it’s almost sacrilegious.

 

So many people are praying and fighting to save my life that I am loathe to express any pessimism, as if that’s a betrayal of those supporting me. And, there is some hope, at least for a stay of execution. But honestly my worst fear is a temporary stay of 20, 30 days. Unless a stay results in my lawyers digging up some new, previously undiscovered substantial claim that will get me a new sentencing hearing, a stay simply postpones the inevitable. What I don’t want is to be back here in the same position in 30 days, forcing you and all my loved ones to endure another heart-breaking cycle of final goodbyes. I cannot ask that of them. I’d rather just go on June 12th and get this over with. This may be disappointing to those who are trying so hard to extend my life, even for a few days, but there it is.

 

Time – that surprisingly subjective, abstract concept – is becoming increasingly compressed for me. I’m staying rooted in the here and now, not dwelling on the past or anxiously peering into the future, but inhabiting each unfolding moment as it arrives in my consciousness (F.Y.I., I highly recommend The Power of Now, by Eckhart Tolle, for anyone facing imminent execution!) I’m still able to see the beauty of this world, and value the kindness of the many beautiful souls who work tirelessly to make this a better place. I am calm and very much at peace, Sis, so don’t worry about my welfare down here on death watch. I will endure this without fear, and with as much grace as I can summon. Whatever happens, it’s all good, it’s just the way it’s supposed to be.

Much Love,
Bill

 

* * * 

June 12, 2013

 

Dear Sis,

 

If you are reading this, I have gone the way of the earth, my atonement fulfilled. When your tears have dried—as they will—and you look up at the sky, allow yourself to smile when you think of me, free at last. Though I have departed my physical vehicle, know that my soul—timeless, boundless and eternal—soars joyfully among the stars.

 

Despite my many flaws on earth, I was blessed to be loved by so many special souls who saw past my feet of clay and into my heart. Know that in my final hours, it was that love which sustained my spirit and brought me peace. Love, like our souls, is eternal and forever binds us, and in due time it will surely draw us all back together again. Until then, Godspeed to you and all who have loved me!

Light & Love,
Bill

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.

Utah’s death penalty costs $1.6M more per inmate


November 15, 2012 http://www.sltrib.com

Craig Watson said he didn’t know if “closure” was the proper word.

But as he witnessed the 2010 execution of Ronnie Lee Gardner, who killed Watson’s cousin Melvyn J. Otterstrom at a bar in 1984, a feeling of peace came over him: It was, finally, over.

As Utah lawmakers weigh the cost of executing men like Gardner versus keeping them in prison for life, Watson asked them on Wednesday to remember there are some things that no amount of money can touch — a message also shared by Barbara Noriega, whose mother and sister were killed by another man now on Utah’s death row.

“With the death sentence, there are no recurring offenders and we can go on with our lives,” Watson said, his voice breaking at times as he addressed the Law Enforcement and Criminal Justice Interim Committee.

Rep. Steve Handy, R-Layton, asked for the analysis, the first study to examine what the capital punishment option costs the state and local governments. Handy has not proposed any legislation and said Wednesday he is “under no illusion that people in Utah want to change the present law.” But Handy said the comparative costs of life without parole and the death penalty — which a legislative fiscal analyst pegged “unofficially” at an added $1.6 million per inmate from trial to execution — should be understood.

“Which direction citizens of Utah choose to go remains to be seen,” Handy told the committee.

It is a topic of discussion in other states as well. New Jersey, New Mexico, Illinois and Connecticut all did away with the option in recent years. A year ago, Oregon Gov. John Kitzhaber put a moratorium on executions and ordered a review of that state’s capital punishment law. On Nov. 6, voters in California, where more than 700 inmates sit on death row, rejected a proposition that would have repealed the state’s death penalty; proponents argued for doing away with the option based on its costs.

Lawmakers may get some insight into Utahns’ views of capital punishment from a survey being conducted by students at Utah Valley University under the direction of Sandy McGunigall-Smith, an associate professor of legal studies. The survey will be sent to 6,000 people randomly selected in Ogden, West Valley City, Kamas, Saratoga Springs, Alpine and Taylorsville.

Thomas Brunker, an assistant Utah attorney general, said the state has two policy interests in supporting capital punishment: deterrence and retribution. Gardner’s case illustrated a “special” interest in assuring a condemned person could not kill again, he said, while the heinous nature of the crimes committed by other Utah death row inmates highlighted society’s “right” to exact retribution.

Ralph Dellapiana, a defense attorney and death penalty project director for Utahns for Alternatives to the Death Penalty, said the cost estimates fall short of capturing the full expense of the dozen or so aggravated murder cases filed each year in which the death penalty is an option. Such cases require thousands of hours of extensive, multi-generational social histories of the offender, for example, costs that would not be incurred if the penalty were replaced with a life without parole alternative. The cost analysis also doesn’t include expenses incurred in cases that are prosecuted as capital offenses but that end up in plea deals or acquittals, as occurred recently with Curtis Allgier, who shot and killed corrections officer Stephen Anderson during a 2007 escape attempt.

Without the death penalty, there would be faster closure for victims’ families, he added.

And for offenders’ families.

Peggy Ostler described the pain and emotional roller coaster her parents have experienced over the more than two decades that their adopted son, Michael Archuleta, has spent on death row. Archuleta tortured, raped and murdered Gordon Ray Church, 28, in 1988. The crime was terrible, she said, and life in prison would be appropriate, but facing their son’s execution would be the “final blow” to her parents, who oppose the death penalty.

Watson agreed the legal process is too lengthy and often painful, an argument for streamlining rather than doing away with the death penalty.

For more than two decades, as they waited for justice to be carried out, Watson said he and other relatives had every “stupid” move Gardner shoved in their faces — among them, feigned illnesses and escape attempts, including one at a courthouse in 1985 where Gardner fatally shotattorney Michael Burdell and wounded bailiff Nick Kirk.

“We got to hear about it, we got to see it, we got to relive it,” said Watson, a 37-year veteran law enforcement officer.

Since Gardner’s execution, Otterstrom’s widow and son have finally been able to move on with their lives, he said.

“In my opinion, there isn’t enough money to make a difference,” Watson said.

Noriega placed framed photos of her mother Kaye Tiede, 51, and grandmother Beth Harmon Tidwell Potts, 72, on the table before her as she addressed lawmakers. Tiede had survived two husbands, both killed in automobile accidents, before marrying Rolf Tiede, Noriega said. The two built a cabin, which they called “Tiede’s Tranquility,” in Oakley as a family get-away and where they planned to spend Christmas in 1990.

Von Lester Taylor and Edward Steven Deli, who had escaped from a halfway house, broke into the cabin on Dec. 22, opened presents and waited for the family to return. Tiede, another daughter and Potts arrived first; the two women were shot and the daughter bound and gagged. Rolf Tiede and another daughter arrived next; he was shot and played dead as the two men set the cabin on fire and took off on snowmobiles with the younger daughters. Despite his injuries, Rolf Tiede managed to get help, and Taylor and Deli were captured.

Deli received a life sentence, while Taylor, identified as the shooter, was sentenced to death.

“There is no doubt that these savages did this to my family,” Noriega said, calling the 22 years of legal wrangling that has followed “shocking, a travesty.”

“It might be a lot of things, but it is not justice,” Noriega said.

The family, once so wary of danger and crime, has had to confront evil and personal responsibility in “ways I never imagined,” she added. “Our family feels the death penalty actually represents a reverence for the sanctity of the lives of the innocent.

 

Claim your Innocence 71’500 views, 570 posts


I want to say THANK YOU, for all my followers around the world. for all readers, 

thank you, people who follow too, “Claim your Innocence world”

I am very proud of this blog, and I hope that people can become aware of the death penalty, as we continue to execute in the world innocent people, that human rights are not respected,

I have not forgotten the victim’s family, but take another life you will does the person you have lost? and if the person is not the one who has killed, can you live with the death of another innocent person ? I can understand the pain of losing a loved one. But I think a life sentence is harsher than the death penalty because the guilty will not die and never in the same conditions as the victim.

Justice is not infallible, because justice is made ​​by human laws are made by humans and error is human

Anabel

OHIO- Death-row inmate denied clemency, Brett Hartman


NOVEMBER 9, 2012 http://www.vindy.com

Gov. John Kasich has denied clemency to the death row inmate facing execution next week for the brutal murder of an Akron woman 15 years ago.

Barring last-minute court intervention, Brett Hartman will be put to death Tuesday at the Southern Ohio Correctional Facility in Lucasville.

Kasich’s decision was in line with the unanimous recommendation of the state parole board, which last month, for the third time in recent years, said Hartman deserved the death penalty for the crime.

Hartman was convicted of murdering 46-year-old Winda Snipes in September 1997, stabbing her more than 130 times, slitting her throat and cutting off her hands. The latter never were found.

Evidence used in the conviction included DNA taken from Snipes’ body, fingerprints at the scene and a bloody T-shirt and woman’s watch found at Hartman’s apartment.

Additionally, a cellmate and former co-worker testified that Hartman had made incriminating comments.

But Hartman, who admitted having sexual relations with the victim hours before her death, has maintained his innocence, saying fingerprints and hair found at the crime scene and phone records prove he did not commit murder.

“My heart goes out to [Snipes’ family],” Hartman told the Statehouse Bureau of Dix Newspapers and The Vindicator during a death row interview last month. “I know losing anyone, especially family, is a very traumatizing experience. I recently lost my mom and my sister. And no one in the world deserves to lose a relative or anyone the way that Winda was taken, and my heart goes out to them. But I didn’t do it.”

But the parole board and Kasich were not swayed by his claims of innocence.

“The overwhelming evidence presented during trial clearly established that Hartman is guilty of this crime,” the parole board wrote. “Hartman shows no remorse and continues to claim his innocence despite the evidence indicating his guilt.”

PROPOSITION 34: Death penalty initiative losing in early returns


Death penalty opponents saw their effort to abolish capital punishment fall behind in early returns late Tuesday.

64.5 percent of voters had voted no by midnight and 35.5 percent of voters had voted yes.

Voters in the state with the nation’s largest death row were deciding whether to repeal the death penalty. Proponents of Proposition 34 say incarceration and litigation costs are too high for too little return.

California has spent about $4 billion since capital punishment resumed in 1977, yet just 13 inmates have been put to death.

An independent analysis says the state would save between $100 million and $130 million a year by converting death sentences to life-without-parole, money supporters say could be put toward public schools and local law enforcement investigations.

“The death penalty is a giant rathole where so much of California’s budget is thrown with no discernible benefit,” said Dionne Wilson, whose husband, a police officer, was killed by a man now on death row.

A supporter of Proposition 34, she said the death sentence given to her husband’s killer “didn’t change anything. I still don’t have a husband and my children and family are devastated.”

Opponents say the argument is merely a smoke screen by the American Civil Liberties Union and other longtime opponents of capital punishment.

Promoting Proposition 34 as a budget-saving mechanism is a convenient way to achieve their goal of ending capital punishment and minimizes the rights of victims, say the law enforcement and victims’ rights groups who are waging the campaign against the initiative.

“He deserves the ultimate punishment for what he did to my daughter,” said Marc Klaas, whose 12-year-old daughter, Polly, was abducted, raped and killed by Richard Allen Davis in 1993. “The crimes these characters have committed are so beyond the pale that you need an extreme punishment.”

Klaas, an outspoken Proposition 34 opponent, acknowledged the state’s death penalty is broken because so few inmates have been executed. But rather than do away with it, he said, the appeals process should be streamlined so more executions can be carried out, especially one for his daughter’s killer.

Three former California governors – two Republicans and a Democrat- have spoken out against the initiative. One, Republican Pete Wilson, co-wrote the official argument against Proposition 34 that says the ACLU, which is pushing the initiative, is largely responsible for the high costs of housing death row inmates and the lengthy appeals process.

That the group would focus on money to be saved if capital punishment ended is hypocritical, he wrote. Repeal also could lead to higher court costs because prosecutors use the possibility of a death sentence as a way to get defendants to plead guilty to a lesser sentence and thus save costs, said Mike Genest, part of the No on 34 campaign.

Citing one study, he said eliminating that bargaining chip could lead to four times as many criminal trials.

Genest, a former state finance director, also said the roughly $100 million a year that might be saved by repealing the death penalty is a negligible amount in a state general fund that typically is more than $90 billion.

“If you’re considering voting `yes’ on this because it saves money, that’s ridiculous,” he said. “It’s either incorrect, it won’t save money or it’s irrelevant – it won’t save enough money to have any consequence.”

If Proposition 34 passes, it would be only the second time in U.S. history – and the first time since a 1964 election in Oregon – that voters have repealed a state’s death penalty, according to the Death Penalty Information Center.

A total of 17 states have repealed the death penalty, 16 through their legislatures. Five state legislatures have done so in the last five years, including Connecticut this year.

A Field Poll in late September found Proposition 34 failing to gain majority support among likely voters, with 42 percent in favor. Yet the poll also found a softening of support for the death penalty overall, with 45 percent saying California should retain capital punishment. The rest were undecided.

Proposition 34 would strike capital punishment from the state’s books and shutter death row at San Quentin State Prison, the country’s largest at 725 inmates. The sentences would be converted to life in prison without the possibility of parole.

Opponents of Proposition 34 argue that eliminating the death penalty makes the state more dangerous, ignores the wishes of many crime victims and allows some of the most notorious killers, including Scott Peterson, Richard “the Night Stalker” Ramirez and Charles Ng, to escape justice.

Their slogan is “mend it, don’t end it.” A more streamlined process, including using a single execution drug rather than the current three-drug mixture, will speed up the process and limit expenses, they say.

A federal judge in 2006 halted executions in California and ordered prison officials to overhaul the state’s procedures, which included carrying out lethal injections in San Quentin’s former gas chamber.

Since then, the corrections department has built a new death chamber that resembles a bright and antiseptic hospital room and adopted new written protocols. Those protocols, though, are the subject of a state judge’s order barring executions until they are properly adopted according to California’s administrative code.

The last time voters weighed in on the question was 1978, when 71 percent approved expanding the death penalty law passed the previous year by the Legislature. Since then, public opinion surveys have shown consistently that California voters support executions.

Among those supporting the ballot initiative is a victim of a violent crime, J. Rose Steward. She was abducted, raped and left for dead by Dean Phillip Carter, who went on to kill four other women and received the death penalty in 1990. He is still on Death Row, and Steward morally opposes his execution.

“I don’t want blood on my hands like he has,” she said.