Philadelphia Inquirer Calls for Moratorium on Death Penalty

Inquirer Editorial: Execution stay points to need for a moratorium

Posted: Monday, November 12, 2012, 3:01 AM

 

As near as Pennsylvania came Thursday to carrying out the state's first execution in more than a decade, there is still time for Gov. Corbett to enact the moratorium sought by a bipartisan legislative task force studying whether the death penalty makes any sense.

There's no doubt that the eleventh-hour reprieve for convicted York County killer Hubert L. Michael Jr. - affirmed in a rare move by the U.S. Supreme Court - lifts a rock on critical flaws in the capital punishment system.

But the brief, two-week stay issued to allow a federal judge to explain his denial of Michael's petition to escape death row provides too little time to determine whether justice would be served by his execution.
There's also a broader constitutional issue that must be resolved before any date is kept with the state's executioner: A pending class-action lawsuit legitimately calls into question whether the use of a lethal injection amounts to cruel and unusual punishment.

 

Going ahead with Michael's execution also would violate the spirit of Supreme Court rulings that limit the death penalty for defendants with psychological problems. The court now bans executing the mentally retarded, as well as juveniles, who, due to their youth, have a limited grasp of the impact of their crimes.

A step further toward the United States' joining most other Western democracies in scrapping the death penalty would be to exclude the severely mentally ill, which is pertinent in Michael's case. Suffering for years from what attorneys describe as serious mental problems, Michael, 56, has gone back and forth on appealing his sentence.

So, the state Attorney General's Office should not be allowed to assert that Michael lost his right to fight execution because he once appeared to accept it. Since there's no rush to execute someone for a crime dating to 1993, the courts must have time to explore legal avenues that point out the wrongfulness of this punishment.

Beyond scrutinizing one killer's pleas, the events surrounding preparations for an execution illustrate the needless costs capital punishment entails. The endless legal proceedings are a given. There's also the enormous emotional toll on relatives and friends of victims during the lengthy appeals process.
Last week, those closest to Michael's young victim - Trista Eng, 16 - wept before state pardons officials. Ending capital punishment would spare all victims' families that anguish, offering them the hope of closure and some measure of peace. Corbett has the power to begin that healing by declaring a moratorium.

Vigil Nov 8, 2012 in Protest of Execution of Hubert Michael

Unless there is a last-minute stay, Hubert Michael will be executed by the state of Pennsylvania. His execution will be the first of a non-volunteer (someone who has chosen to abandon the appeals to which he is entitled) in 50 years, and the first execution in 13 years. We invite you to join us for a vigil tomorrow evening.

We will be gathering outside of SCI Rockview at 5PM for a candle light vigil in protest of Hubert Michael's execution. Please come and stand in solidarity with us. We are organizing car pools from the York/Harrisburg and Philadelphia areas. Please contact Kathleen at KLucas@padp.org if you are able to offer a ride or if you need one. We would like to have a group from Pittsburgh join us as well. Please contact Kathleen if you are willing to help organize a car pool.

More detailed information about the vigil:

• The state of Pennsylvania is back in the killing business. The first execution in 50 years of a non-volunteer is scheduled for November 8, 2012 to begin at 5 PM. Please stand with us outside the death house on the evening of Michael Hubert's execution. The vigil will take place regardless of weather. Here is a list of items you may want to bring along: Layers of clothing and, if rain is predicted, umbrellas. Candles as symbols of shining a light of hope for ending the death penalty in PA and throughout the world. Folding chairs Some snacks to share Musical instruments Flashlight Signs (we will also have some made in advance) Camera/Video camera There is no parking on the road outside the prison so we will be relying on shuttle service by the generous Penn State students using their personal vehicles. Please park in the Nittany Mall in State College outside of Sears and look for a group of vehicles which will be clearly marked with signs calling for abolition of the death penalty and white fabric strips hanging out their windows.  Speakers will include Reverend Walter Everett, whose son was murdered, Ashlee Shelton, former head of Pennsylvanians for Alternatives to the Death Penalty, and a spokesperson for Hubert's spiritual advisor, Sister Barbara. Please spread the word far and wide about this vigil and encourage everyone to join us. Pennsylvania must be shown that we do not want the state to kill in our names. Invited speakers will include leaders of Amnesty International, Pennsylvania Prison Society, murder victims' family members, faith leaders, and representatives from other organizations. If your organization is interested in this speaking opportunity, please contact me at info@padp.org . Yours in Solidarity and Hope, Kathleen

Invitation to Our Vigil Outside of SCI Rockview 11/8/12

The state of Pennsylvania is back in the killing business. The first execution in 50 years of a non-volunteer is scheduled for November 8, 2012 at 7 PM. Please stand with us outside the death house on the evening of Michael Hubert's execution. The vigil will take place regardless of weather. Be sure to bring layers of clothing and, if rain is predicted, umbrellas. 

If you can, bring several candles as symbols of shining a light of hope for ending the death penalty in Pennsylvania and throughout the world. You may also want to bring a folding chair and some snacks to share. There is no parking on the road outside the prison so we will be relying on shuttle service by the generous Penn State students using their personal vehicles. Please park in the mall and look for a group of vehicles which will be clearly marked with signs calling for abolition of the death penalty. More details and a map of the exact location in the parking lot will be posted here at least one week before the execution.

Please spread the word far and wide about this vigil and encourage everyone to join us. Pennsylvania must be shown that we do not want the state to kill in our names. Invited speakers will include leaders of Amnesty International, Pennsylvania Prison Society, murder victims' family members, faith leaders, and representatives from other organizations. If your organization is interested in this speaking opportunity, please let me know so that we can work out the details/logistics.

Yours in Solidarity and Hope,

Kathleen

World Day Against the Death Penalty Vigil in Love Park

Aja Beech, board member and the heart and head of our Philly PADP chapter organized this vigil at Love Park. October 10th is the annual World Day Against the Death Penalty. Vigils, rallies, educational events and more are held throughout the world to remind us why we must abolish capital punishment.

I hope that next year we will have events throughout Pennsylvania, organized by abolitionists like you. Enjoy the pictures, taken by our friend, Maureen Roche. Maureen, thank you for your generosity!

Kathleen

MO Runs Risk of Executing Innocent Man

The flawed justice system of the United States is once again at risk of executing another potentially innocent person.

The case involves Reggie Clemons, who was sentenced to death for the 1991 murder of Julie and Robin Kerry. Clemons case represents a checklist of everything that is wrong with the death penalty, including poor legal representation, a “stacked” jury, racial discrimination, police coercion, lack of physical evidence, prosecutorial misconduct and questionable witnesses.

In April 1991, Thomas Cummins was with his two cousins, Julie and Robin at the Chain of Rocks Bridge in St. Louis. While there they countered Clemons, Antonio Richardson, Marlin Gray and Daniel Winfrey. According to reports, the two only spoke briefly before parting ways. Shortly after the two women plunged into the river to their deaths and were followed by Cummins who swam to shore. Cummins later told police that the four youths raped his two cousins, robbed him and forced them to jump into the bridge. After they were convicted, Richardson had his sentence reduced to life in prison and Gray was executed in 2005. Winfrey, who was the only white member of the group, plead to a lesser charge in exchange for his testimony against the other three. Clemons still remains on death row and continues to maintain his innocence.

There is a lot of skepticism surrounding Cummins story. Despite being forced to jump from the bridge, police said his hair was dry and neatly combed. He also sustained no apparent injuries from the fall. Further doubt arose when Cummins failed a lie detector test. Finally, Cummins later admitted the Kerry sisters fell from the bridge after an argument, which was caused by Cummins making a sexual advance on one of them. He was then convicted of the murder, but later after meeting with prosecutor Nels Moss he identified Clemons, Richardson, Gray and Winfrey as the four youths he encountered on the bridge on the night of the murder. The four men were arrested and charges against Cummins were dropped.

Reggie Clemons was sentenced to death on April 2, 1993. On the same day, Thomas Cummins filed a police brutality lawsuit and said his original confession had been beaten out of him. The suit was settled out of court for $150,000. Clemons confessed to raping the two women, but denied any involvement in their deaths. However, he later retracted the statement and said police had beaten his confession out of him. Several witnesses said they saw Clemons with a swollen face after his interrogation, and the Judge who presided over his arraignment ordered Clemons be taken to a hospital. Despite this obvious evidence of police brutality, the confession was admitted at trial and used as evidence.

Clemons defense was far from adequate during the trial. His lawyer was suspended from practicing law after numerous complaints, and his co-council held a full-time job in another state while representing Clemons.

Racial bias was also evident throughout the case. Particularly in the sense that the two murder victims were white, the three convicted men were black and both primary witnesses were white. Also, a Judge ruled that six jurors were improperly dismissed at jury selection and that Clemons death sentence should not stand. However, the ruling was overturned because Clemons’ lawyer failed to properly preserve the claim for federal judicial review.

After the Supreme Court stayed his 2009 execution, a “special master” was assigned to the case to determine whether Clemons’ conviction is reliable and whether he should be put to death. Clemons has a hearing in March 2012, which will determine whether he is eligible for a new trial, whether he is taken off death row or if he remains at risk of being executed.

Based on the evidence, Reggie Clemons did not murder Julie and Robin Kerry in April 1991. His innocence is clear, but it must be made well known to the state of Missouri that executing Clemons would be another unforgivable mistake committed by the justice system of the United States.

To aid Reggie, write Governor Jay Nixon by filling at the form at: http://takeaction.amnestyusa.org/siteapps/advocacy/ActionItem.aspx?aid=14230&b=6645049&c=6oJCLQPAJiJUG

The United States of America: A Beacon for Civil Rights

Amnesty International released this map in March, 2011: http://blog.amnestyusa.org/deathpenalty/u-s-in-top-5-for-executions-worldwide/. The map shows which countries have abolished the death penalty world-wide. According to Amnesty, more than 2/3rds of the countries of the world have either abolished the death penalty or have not executed anyone within the past decade. In the U.S., 1/3 of the states have also elected to abolish the death penalty. This past year, 2010, however, the U.S. has ranked top five for the MOST executions carried out across the planet, only surpassed by China, Iran, North Korea, and Yemen, as illustrated by this graph from Amnesty International:



It is troubling to see that the U.S., which holds itself in high esteem for its human rights strides over the past century or so, has managed to retain a policy of such a draconian and barbaric nature. All across the world, the U.S. condemns the leaders of other countries for not allowing a basic level of human rights that we in the U.S. consider to be fundamental. These include such great ideals as in our first amendment: freedom of speech, freedom of religion, freedom of the press, the right to assembly, and the right to petition the government. These basic rights we allow our citizens and demand from other countries, and yet, something that seems so obviously unjust and uncivilized, such as capital punishment, has still managed to continue in this country, meanwhile other nations surpass us by abolishing this abhorrent system.

It is atrocious that a country that aims to lead the rest of the world in so many ways could allow itself to lag so far behind when it comes to capital punishment. Not only is capital punishment detestable on a moral level, it is also ineffective, as there is no evidence that it deters future crime, racially imbalanced, with a statistically higher number of minorities on death row (most especially when the victim is white), socio-economically imbalanced, with more lower-class individuals on death row, and it is far more expensive than sentencing someone to life without parole.

What is obvious is that the death penalty cannot continue in this country if we wish to maintain our standing in the world as a leader in human rights. We must follow the path that countries around the world have already paved and abolish the death penalty across the U.S. In order to end on a positive note, the following list is from Amnesty International's web page of countries that have abolished the Death Penalty since 1961:

Abolitionist for all crimes:

• Colombia, Costa Rica, Ecuador, Honduras, Iceland, Panama, San Marino, Uruguay, Venezuela
Abolitionist for ordinary crimes:
• Austria, Denmark, Finland, Israel, Italy, Netherlands, New Zealand, Norway, Portugal, Sweden, Switzerland
No Executions in the Past 10 Years and A Policy Not to Carry Out executions
• Andorra, Argentina, Belgium, Brazil, Cape Verde, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Nicaragua, Papua New Guinea, Paraguay