Jan. 17
TEXAS----book review
Grace and Justice on Death Row: The Race Against Time and Texas to Free an
Innocent Man, Reviewed ---- The new book from Alexandria-based lawyer Brian W.
Stolarz chronicles the long road to getting an innocent man off death row.
According to Amnesty International, the death penalty is not a deterrent to
violent crimes, and it claims innocent lives. Its research shows that 140
people have been released from death rows in the U.S. due to evidence of
wrongful conviction since 1973, and the 14 states without capital punishment
have homicide rates at or below the national rate. Harris County, Texas, leads
the nation in death row executions, according to The Death Penalty Information
Center, though capital punishment there is on the decline. Still, since 2010,
99.5 % of U.S. counties sentenced fewer people to die than Harris County.
Alexandria-based lawyer Brian W. Stolarz was part of the legal team that got
the most recent death row inmate in Harris County, Alfred Dewayne Brown,
exonerated. And his new book, Grace and Justice on Death Row, walks readers
through a detailed account of the 2003 double homicide for which Brown was
sentenced to die - even though he wasn't even present at the crime scene.
Stolarz, a self-avowed Catholic, shines a spotlight on the injustices that
landed Brown in prison and nearly took his life, including witness harassment,
prosecutorial misconduct, withheld evidence, a now-defunct Grand Jury selection
system that reeked of conflicts, and the disturbingly low wages paid to lawyers
who defend the poor.
The book begins with the events of the April 2003 shooting - offering a
detailed account of Brown's crime-ridden neighborhood and some of its
inhabitants trying to survive by working for minimum wage, robbing stores, and
dealing drugs.
From the beginning, it's clear Brown is innocent, but Stolarz takes the reader
on an interesting and infuriating ride toward his incarceration. Brown's
girlfriend says he was at her house at the time of the shooting, but she
changes her story after the prosecution threatens her and locks her up on
trumped-up perjury charges. Other supposed friends of Brown throw him under the
bus for various reasons, including fear of their own incarceration and promises
of reward money. Though Brown is ultimately determined to have mental
disabilities, a supposed "expert" manipulates mental health assessment data to
say what the prosecutors want to hear.
No spoilers here about how the case goes wrong and is eventually righted -
Brown was held on death row until June 8, 2015 - but it's worth noting that
Stolarz includes some chilling comments about capital punishment from the late
Antonin Scalia, including this one: "One cannot have a system of criminal
punishment without accepting the possibility that someone will be punished
mistakenly. That is a truism, not a revelation."
But the book has its faults. It loses some steam when Stolarz writes about his
own life, his Catholicism, and superfluous references to how horrible he's
feeling during the years he works on the writ of habeas corpus - the process by
which Brown is eventually exonerated. You sometimes get the impression that
Brown's freedom is more about Stolarz than Brown, and the book suffers from too
much self-congratulating.
There's also a dizzying telling and re-telling of what actually happened at the
crime scene. It all gets a bit complicated and muddy, but this storytelling
flaw doubles as a strength in light of the morass of a justice system that
appears to be in place in Texas. If you get lost in the sequence of events -
and the details surrounding the multiple miscarriages of justice - it's
possible the witnesses, the families of the victims, and the jury were likewise
mired in confusion and obfuscation.
Stolarz cites some star reportage by Lisa Falkenberg of the Houston Chronicle,
who won a Pulitzer for her work on Brown's case. And the book's final plea to
abolish the death penalty - or at least to establish reforms in all states that
require DNA evidence linking the accused to the crime - seems like a
no-brainer. Stolarz also makes a compelling argument for increased funding for
attorneys who defend the poor, an improved social service system for death row
exonerees, and disbarment and criminal investigation for prosecutors who
deliberately withhold evidence in death row cases, as happened in Brown's case.
(source: washingtoncitypaper.com)
VIRGINIA----impending execution
Gov. McAuliffe declines clemency for Ricky Gray, who is set to be executed
Wednesday
Governor Terry McAuliffe today declined to grant clemency for Ricky Gray, who
will die by injection Wednesday night at the Greensville Correctional Center
for the capital murders of 2 young sisters 11 years ago unless the U.S. Supreme
Court steps in.
"I have decided not to intervene in this case. Mr. Gray was convicted in a fair
and impartial trial, and a jury sentenced him to death in accordance with
Virginia law. Federal and state appellate courts have extensively reviewed his
case and denied his requested relief. Unless a court intervenes, the Department
of Corrections will carry out the execution in accordance with the order of the
sentencing court," said McAuliffe in a prepared statement.
The governor said, "It is the Governor's responsibility to ensure that the laws
of the Commonwealth are properly carried out unless circumstances merit a stay
or commutation of the sentence. After extensive review and deliberation, I have
found no such circumstances. I will continue to pray for all of the individuals
and families affected by these tragic and horrible crimes."
Gray's lawyers said Monday they intended to appeal to the U.S. Supreme Court.
Gray and his nephew and accomplice Ray Dandridge, shook the city of Richmond in
January 2006, murdering seven people in six days and setting off a police
manhunt that ended with Gray's capture in a Philadelphia basement on Jan. 7.
The execution is set for 9 p.m. at the prison located in Jarratt, just off
Interstate 95, and would be the 2st in Virginia since October 2015 when serial
killer Alfredo Prieto was put to death by injection.
(source: Richmond Times-Dispatch)
GEORGIA:
Georgia conservatives want to 're-think' death penalty
A group of Georgia conservatives on Thursday will call for the state to
re-examine the death penalty but thus far will stop short of calling for a end
to state-sanctioned executions.
The group, calling itself Georgia Conservatives Concerned About the Death
Penalty, will hold a news conference at 2 p.m. Thursday. The organization
includes Rep. Brett Harrell, R-Snellville.
"I am skeptical of our government's ability to implement efficient and
effective programs, and so a healthy skepticism of our state's death penalty is
warranted," Harrell said in a statement. "Many individuals have been wrongly
convicted and sentenced to die. Meanwhile, taxpayers are forced to pay for this
risky government program, even though it costs far more than life without
parole."
Group spokesman Jon Crane said Thursday's event "is the state of the process of
educating people about the problems with the death penalty and to have a candid
discussion from a conservative perspective."
There is not yet, he said, a call for repeal.
Georgia executed more prisoners in 2016 than any other state in the nation,
although it's been nearly 3 years since a Georgia defendant was sentenced to
death.
Other members of the group meeting Thursday include David Burge, former 5th
District Republican Party chair, Richard Lorenc, chief operating officer of
Foundations for Economic Freedom, Austin Paul, co-chair of the Mercer
University College Republicans, Jennifer Maffessanti, chair of the Atlanta
chapter of America's Future Foundation and Marc Hyden, national coordinator of
Conservatives Concerned About the Death Penalty.
(source: Atlanta Journal-Constitution)
USA:
Activists Arrested at U.S. Supreme Court Calling for an End to the Death
Penalty
IMAGES FROM THE ACTION AVAILABLE HERE - Permission granted:
https://goo.gl/fzfT0P
40 years after the first execution of Gary Gilmore under contemporary laws, 18
anti-death penalty activists were arrested at the U.S. Supreme Court on
Tuesday. The group unfurled a 30-foot-long banner that read "STOP EXECUTIONS!"
on the steps of the Court. On the sidewalk, a crowd of over 80 supporters
observed the action, carrying 40 posters (1 for each year) with the names of
the other 1442 men and women executed since 1977. They also carried roses in 2
colors, a reminder that they are remembering both families of the murdered and
families of the executed as they stand together saying, as one banner did, "We
Remember the Victims, But Not With More Killing."
The group included several murder victim family members, a death row exoneree,
family members of the incarcerated, pastors and religious leaders, and national
leaders in the death penalty abolition movement. It was the largest act of
civil disobedience against the death penalty in modern history.
One of the participants who was arrested was Randy Gardner, whose brother, like
Gilmore, was executed in Utah by firing squad.
"My Brother Ronnie Lee Gardner was executed in 2010 by the same state and by
the same method as Gilmore," Gardner stated. "I believed then, and I still
believe now, that the death penalty is morally wrong. I never condoned what my
brother did, but when the state executes someone, they create yet another
family that is damaged and grieving. We don't have to kill to be safe from
dangerous criminals and hold them accountable. It is time to abolish the death
penalty."
Shane Claiborne, influential Christian author and activist, speaking of the
significance of religious leaders, said this: "Sadly, the death penalty has
succeeded in America not in spite of Christians but because of us. Over 80% of
executions in the past 40 years have been in the Bible Belt. As a Christian,
that is especially troubling because one of the tenants of our faith is this:
No one is beyond redemption. Much of the Bible was written by murderers who
were given a second chance. Moses. David. Paul. The Bible would be much shorter
without grace. So it was a beautiful thing to stand alongside my fellow clergy
and faith leaders ...
And, if you go to jail, it's good to have a nun and a priest next to you. As
we look at history, we are reminded that we've got good company among the holy
troublemakers who have gone to jail for justice. Abortion is not the only
pro-life issue."
Claiborne continues: "When we try to kill those who kill, we mirror, and
legitimize, the cycle of violence. We can deal with violent crime without
resorting to the violence we want to rid the world of. As faith leaders and
clergy, we stand together, with families of the murdered and families of the
executed, and say NO to all killing. Violence is the disease, not the cure."
Scott Langley, a death penalty abolition organizer from New York, said "The
national tide has turned against the death penalty with more and more states,
counties, and juries refusing to continue this barbaric practice. We acted
today to call on this Court to recognize that standards of decency and human
rights have evolved to the point that this has to end now."
Those arrested were Peter Armstrong (Washington, DC), Leroy Barber (Portland,
OR), Abraham J. Bonowitz (Columbus, OH), SueZann Bosler (Miami, FL), Shawn
Casselberry (Chicago, IL), Shane Claiborne (Philadelphia, PA), John Dear (Santa
Fe, NM), Randy Gardner (Taylorsville, UT), Lisa Sharon Harper (Washington, DC),
Derrick Jamison (Cincinnati, OH), Art Laffin (Washington, DC), Scott Langley
(Ghent, NY), Michael McBride (Oakland, CA), Tom Muther (Topeka, KS), Doug
Pagitt (Minneapolis, MN), Jack Payden-Travers (Lynchburg, VA), Sam R. Sheppard
(Oakland, CA), and Kelton Tupper (Cheverly, MD).
Background: 40 years ago, on January 17, 1977, the State of Utah shot to death
Gary Gilmore, who "volunteered" to be killed in revenge for his murder of Ben
Bushnell and Max Jenson. This state-assisted suicide was the 1st execution
under the Supreme Court's upholding of the death penalty in 1976. Since then,
there have been 1442 more executions, with another scheduled on January 18 in
Virginia. Nearly 3,000 prisoners are currently on death rows in 31 states.
The protest is organized by the Abolitionist Action Committee (AAC), an ad-hoc
group of individuals committed to highly visible and effective public education
for alternatives to the death penalty through nonviolent direct action. The AAC
also organizes a 4 day fast and vigil on the Supreme Court sidewalk every June
29 through July 2, and all are invited to participate.
Organizations endorsing/supporting this action include
Abolitionist Action Committee
Campaign for Nonviolence
Catholic Mobilizing Network
Center for Action and Contemplation
Consistent Life Network
Embrey Human Rights Program
Evangelicals for Social Action
Faith in Public Life
Journey of Hope ... From Violence to Healing
National Council of Churches
OPEN
People of Faith Against the Death Penalty
PICO Network LIVE FREE Campaign
RAW Tools
Red Letter Christians
Repairers of the Breach
Sojourners
We Stand With Love
Witness to Innocence
DONATE to support the action and those arrested. Funds needed for
transportation, housing, legal support, court costs, etc. Pledge $40, $400 or
whatever you can afford at www.SendASign.org.
Facebook: http://www.facebook.com/fastandvigil
Twitter: @AbolitionAAC
Web: http://www.abolition.org
Email: a...@abolition.org
Mail: P.O. Box 89, Ghent New York 12075, USA
(source: Abolition Action Committee)
****************
Death penalty protesters arrested outside Supreme Court
Police arrested more than a dozen death penalty protesters outside the Supreme
Court Tuesday.
The Abolitionist Action Committee organizes protesters to engage in civil
disobedience every 5 years on Jan. 17, marking the date of the 1st execution
after the Supreme Court allowed the death penalty to resume in 1977. This year
is the 40th anniversary of Gary Gilmore's execution by firing squad in Utah.
Gilmore, who shot and killed 2 people reportedly without a motive, volunteered
for the death penalty.
The protesters' arrests outside the court come as the death penalty is
resurfacing as a contentious issue at the Supreme Court. A split decision from
the Supreme Court last month allowed the execution of an Alabama man to proceed
after multiple stays. Justice Stephen Breyer, who favored granting a stay to
block the Alabama man's execution, then delivered a public call for the high
court to "reconsider the constitutionality of the death penalty" in a dissent
from the court's inaction on a death penalty case from Florida.
The high court has heard oral arguments in a death penalty case this term in
Moore v. Texas, in which the justices will look to answer whether the execution
of an inmate after an elongated period of incarceration violates the Eighth
Amendment's protection against cruel and unusual punishment.
Tuesday's arrests of anti-death penalty protesters also happened as the
nation's capital braces for the arrival of thousands of protesters unhappy with
President-elect Trump's looming inauguration. Protesters have made plans to
disrupt the inauguration and spoil several inaugural balls beginning on
Thursday.
(source: Washington Examiner)
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