P.O. Box 4804, Charlottesville, VA 22905

(888) 567-VADP              (434) 960-4673

www.vadp.org <http://www.vadp.org/>                 jack at vadp.org



Execution Alert
May 3, 2007



Christopher Scott Emmett Scheduled for Execution at 9:00 pm on June 13,
2007




Action Requested: Contact Governor Kaine

Forward this request to your contacts

Send a Letter to the Editor of your local newspaper

Vigil in Protest on June 13th



The 99th Virginia execution is now set for Wednesday, June 13, 2007. At 9:00
pm Christopher Scott Emmett is scheduled to be lethally injected in the
Death Chamber at the Greensville Correctional Center in Jarratt, VA.

The issue here is not guilt or innocence but the specter, once again of
inadequate representation by his court appointed public defender and the
fact that capital punishment as practiced in Virginia is not reserved for
the "worst of the worst" crimes.  Emmett is guilty of murder. Should he be
executed for that murder is the question?

The same issues of failure to investigate and present mitigating evidence
during the penalty phase of a capital trial were raised in the case of Percy
Walton whose execution was stayed last year by Gov. Kaine due to questions
of mental competency. Emmett and Walton were both misrepresented by the same
public defender.

In his dissent to the 2-1 decision of the US Court of Appeals for the Fourth
Circuit, Judge Roger Gregory noted that "[c]ounsel had failed to investigate
adequately Emmett's childhood, and counsel's inadequate investigation
prejudiced the sentencing phase of Emmett's trial." Mental health and Social
Service records were not even requested. Six out of seven siblings were not
interviewed.

In referring to the quality of representation in this case the VA Supreme
Court while ruling against Mr. Emmett noted in one order "it is clear that
trial counsel was ineffective." and in a second order dated March 3, 2005,
that "the representation provided to Emmett by his trial counsel 'fell below
an objective standard of reasonableness.' [and that 'r]easonably competent
counsel would have objected to a verdict form that did not comport with the
holding in Atkins and the requirements of [Virginia] Code."

Also at issue is Virginia's continuing use of a lethal injection protocol
which is banned by the American Veterinary Medical Association for use on
cats and dogs as being "cruel and inhumane." This same protocol has lead to
the halting of executions in at lease 10 death penalty states from Maryland
to California. A recent study on lethal injection cited Virginia for using
the smallest doses of any lethal injection state of thiopental as an
anesthetic. Questions need to be raised due to recent revelations that the
execution team leader in Virginia has had no certifiable medical training.


For a history of this case see Men/Women on the Row: Christopher Scott
Emmett posted on the VADP website at:
http://www.vadp.org/christopherscottemmett.html.



Please contact Gov. Tim Kaine and ask him to commute this man's sentence to
life in prison.

Emails messages can be sent via the Governor's website at
http://www.governor.virginia.gov/AboutTheGovernor/contactGovernor.cfm.



Personal cards and letters should be address to

The Honorable Timothy M. Kaine
Office of the Governor
Patrick Henry Building, 3rd Floor
1111 East Broad Street
Richmond, VA 23219
Phone: (804) 786-2211
Fax: (804) 371-6351



Also contact your state legislators and ask them to petition Gov. Kaine to
commute this sentence. Go to "Who's my legislator?" at
<http://conview.state.va.us/whosmy.nsf/main?openform>
http://conview.state.va.us/whosmy.nsf/main?openform



To reach a wider audience with this message, please also consider writing a
Letter to the Editor and contacting your media outlets asking them to cover
this story. Listings can be found at the following site:
http://www.disastercenter.com/virginia/media.html.



Thanks for all you do.





Jack Payden-Travers, Director
Virginians for Alternatives to the Death Penalty
P.O. Box 4804
Charlottesville, VA 22905
888-567-VADP (8237)
434-960-4673 (cell)
Jack at VADP.org
www.VADP.org <http://www.vadp.org/>





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