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

KDKA Talk Show Host Says PA Should Get Rid of Death Penalty

Wow! Conservative Pittsburgh talk radio host, KDKA's Robert Pratte just said live on air that if a legislator is brave enough to introduce a bill to abolish the death penalty in Pennsylvania, that he would support him. He said it several times. I think he means it and I couldn't agree more.

Rob's reasoning goes something like this: it's a waste of money and we shouldn't be wasting money on it at a time when important things, like education, are being cut from PA's budget. He says we can't shorten the appeals process and that he doesn't want to see an innocent person executed.



With the abolition of the death penalty in Connecticut, there are five states in five years that have abolished it. We're now at a total of 17 states without capital punishment. And there's more coming. I want to make sure that PA is one of the next to end this barbaric practice.


We can do this. We must.

Ray Krone: Charges Dismissed

On April 24, 2002, nearly 10 years after he was first convicted of a crime he didn’t commit, Ray Krone was cleared of all charges.

Ray, who was once a supporter the death penalty, now speaks against it. He now speaks publicly about his experiences on death row and in prison and hopes to educate audiences on the flaws in the justice system and why the death penalty should be abolished. Ultimately, he doesn’t want another person to endure the same experiences he did.

I hope this series of posts serves as a commemoration of Ray Krone and all the work he’s done against the death penalty since his release. On the day of his release, when Ray told the reporter that his life was about the “next 10 years” rather than the 10 years he spent in prison, I feel he really meant what he said. 

Ray Krone: The Real Killer Was Still on the Loose

While police and prosecutors focused on finding ways to convict Ray Krone of murdering Kim Anacona, there was something else going on: The real killer was still walking around freely. Luckily, the man suspected of killing Kim was arrested several days later on a molestation charge. But what if he hadn’t been?

Most of the attention of the police was set on Ray. The true killer, had he not been caught, could have committed numerous crimes while he roamed free of suspicion. The point here reflects back to the post on the police. Law enforcement officials and prosecutors need to do their best to keep an open mind until they are 100 percent certain they have the right person. When they don’t, it clouds their judgment and they become so caught up in the person they’re trying to convict that they disregard evidence that not only refutes their beliefs but also potentially points to another person.

Ray Krone: Convicted Twice

When Ray Krone was first convicted of the rape and murder of Kim Anacona the evidence was weak. The prosecution relied mostly on bite marks found on the victim’s neck and breast, and because an “expert” claimed the bite marks matched those found on the victim.

After spending two years and eight months on death row, Ray was granted another trial, but was once again convicted of the same crime despite the fact that other experts disputed and disproved the original experts claims. However, the judge, who knew the bite mark evidence was weak, reduced Ray’s sentence to 46 years in prison (which was essentially life considering Ray was 35 years old at the time).

After spending 10 years in prison (2 years and 8 months on death row), Ray now walks free with his charges dismissed. There is, however, something to be said about Ray being falsely convicted two times.

If the United States justice system screwed up Ray’s case twice because of junk science, prosecutorial misconduct and other things, how many of the other 3,000 plus other death row inmates have also been falsely convicted? Ray’s story should serve as an example and should also raise the question, “Is it worth it?” Is it worth it to risk executing an innocent person? What purpose will lowering ourselves to murder serve in the end? The death penalty serves no purpose in our justice system other than a “justified” form of murder. It is a money eating, broken and immoral system that must be abolished.

Ray Krone: Ineffective Assistance of Counsel

One of the most widely discusses issues regarding the death penalty, especially in Philadelphia, is an ineffective assistance of counsel.

When a defendant is at risk of being sentenced to death, he or she should be defended by the best lawyer(s) possible to ensure they have the best chance of not receiving the death penalty. However, this isn’t always the case. In fact, most of the time the defense is unprepared, unsuitable to working on a capital case and ultimately ineffective at creating a strong defense for the accused.

Ineffective assistance of counsel can occur many ways. For instance, in Philadelphia many of the defendants cannot afford a lawyer so they are appointed one by the city. Studies have shown that these lawyers are severely underpaid, overburdened and unfit to defend someone in a capital case. This puts the accused at a huge disadvantage, and can often lead to a false conviction.

In other instances, defense lawyers may not follow proper protocol for a capital case. Some lawyers may not investigate an alibi or submit evidence to a forensics expert to be evaluated.

In the end, the outcome is always the same. The defense is weak and the defendant is easily convicted. In capital cases, this means the defendant is at risk of being executed without having gone through a truly fair trial.

The risk of wrongfully convicting someone runs much higher when his or her defense is poor. When ineffective assistance of counsel occurs, the fairness of a trial is no longer present.

Ray Krone: Police

When an individual is convinced of an idea, such as a homicide suspect, it may be hard to persuade the individual of anything other than what they already believe. This can be a dangerous for the wrongfully accused because the person investigating the crime may refuse to investigate other leads and may even ignore evidence that contradicts what they already believe.

This was prevalent during the investigation of Ray Krone. Despite evidence such as the bite marks not matching Ray’s or the shoe size found at the crime scene being a different size than Ray’s, those investigating the murder continued pursuit on Ray until he was convicted of the crime he didn’t commit.

This is a frightening concept. We as humans possess the ability to think freely, but once we set our minds on an idea it can become difficult to convince us otherwise. This is especially dangerous with law enforcement. The police investigating Ray Krone’s case were presented with numerous facts that disputed their claims that Ray raped and murdered Kim Anacona. Those investigating an incident and even the prosecutors working on a case must be as open minded as possible and not zero in on someone until they are 100 percent sure they are correct. 

Ray Krone: Junk Science

The prosecution’s primary evidence against Ray Krone was a bite mark found on the victim’s breast and throat. Ray has a very distinctive bite mark (which caused him to be labeled as the Snaggletooth Killer) because of an injury suffered while he was growing up. The bite marks, according to an article on ForeJustice.org, were what primarily convinced the jury to convict Ray in both trials, despite there also being evidence that the bite marks and the blood found on the victim were not Ray’s.

According to The Los Angeles Times, 63.5 percent of bite mark investigations resulted in false positives while 22 percent resulted in false negatives. Still, this was the primary piece of evidence used to falsely convict Ray Krone of murder in one trial and then another years later after the evidence had already been disproven.

Science is a wonderful thing. It has allowed us to surpass any expectations our predecessors had for society as well as better our own living conditions. However, we know through years of trial and error processes that science isn’t always right. While DNA evidence and other methods used during trials has become a great way to prove someone’s innocence or guilt, using methods that we know are not reliable is dangerous and creates an unfair trial.

Ray Krone: Prosecutorial Misconduct

There are numerous admirable and honest police and prosecutors in the United States who dedicate their lives to ensuring the general public is safe form harm. In an ideal world, all of those working in these respective fields would perform their jobs with 100 percent honesty. However, we know this is not true. Prosecutorial misconduct occurs when a law-enforcement official or prosecutor commits an act or acts that can be viewed as unfair or inappropriate.

In Ray Krone’s case, prosecutorial misconduct was committed when the prosecutors failed to over a forensics tape that they were going to use as a primary piece of evidence until the night before the trial. Additionally, the prosecution withheld an odontologist’s report that casted doubt in the allegations of Ray. Because of these circumstances, Ray’s lawyers were put at a disadvantage during the trial.

While prosecutorial misconduct can be any action that is unfair or appropriate, some common forms include: law enforcement officials misleading jurors about their findings, failing to turn over exculpatory evidence to prosecutors (or the defense), tampering with evidence, allowing bad witnesses to testify and pressuring defense witnesses not to testify.

While there are many honest and hardworking law-enforcement officials and prosecutors in the world, just one dishonest one can lead to a false conviction. It’s important for the safety of the public that dangerous criminals are off the street, but everyone still reserves their right to a fair trial. Because we cannot guarantee a trial will be fair and free of misconduct, we cannot continue to utilize the death penalty solely because in cases such as Ray Krone’s, there can be misconduct that leads to a false conviction and ultimately could lead to the execution of an innocent person.

"Maybe It's About the Next Ten Years"

Ray Krone

The man pictured to the left is Ray Krone. Ray was convicted of raping and murdering Kim Ancona in Phoenix, Arizona in 1992. Now, nearly 20 years later and after a second false conviction, Ray again walks free in York County, PA, where he grew up.  With all charges against him dismissed,  Ray’s case exemplifies many of the reasons why I am opposed to the death penalty in all cases.  

Ray’s story is a textbook example of some of the problems with our capital punishment system. From  prosecutorial misconduct  through ineffective assistance of counsel, and beyond, the end result was that Ray Krone was  forced to spend 10 years of his life in prison for a crime he didn’t commit. Prison time is never easy, but life on death row is a special form of hell and Ray spend XX years there.

April 24, 2012  is the 10-year anniversary of the day all of Ray’s charges were dismissed. In honor of Ray, I will be posting a series of blog entries  that  highlight the issues relating to  both Ray’s  case and many other death penalty cases. They  will also illustrate  a flawed  death penalty ; a system which must be dismantled.  

 

We Concur On Need For Compensation For Wrongful Convictions

The following letter to the editor from Michael J. Macchioni of South Hanover was published in yesterday's PennLive.com Mr. Macchioni writes about the need for compensation for the wrongfully convicted in Pennsylvania. Pennsylvania has many examples of wrongful convictions, including six men that were exonerated after being sentenced to death. The full text of the report of the Advisory Commission on Wrongful Convictions can be found here.

I urge you to contact your PA State Representative expressing your support for the introduction of a bill dealing with this issue and asking that they consider working with Representative Marsico to draft such legislation.

"A commitment to equality for all citizens and to a fair justice system are hallmarks of our democracy. Pennsylvania, however, is one of 24 states having no wrongful conviction compensation statute. Advanced DNA testing has been used by the Innocence Law Project to exonerate those wrongfully convicted of crimes.

Michael Morton of Texas is an example of an exoneree helped by the Innocence Law Project. He spent nearly 25 years in prison for murdering his wife until DNA testing proved his innocence and implicated the real perpetrator. Since his exoneration, the Texas Supreme Court has ordered a court of inquiry to determine whether the prosecutor contributed to Morton’s wrongful conviction by concealing evidence of Morton’s innocence from the defense.

Even the conservative-leaning state of Texas has a comprehensive wrongful conviction compensation statute. Texas provides compensation for child-support payments, tuition for up to 120 hours at a career center or college and re-entry and reintegration services, including life skills, job and vocational training for as long as those services are beneficial. In addition, the state provides necessary documentation (i.e. a state ID card) and financial assistance to cover living expenses. Help also is provided to access medical and dental services.

I’ve asked Rep. Ron Marsico to introduce legislation to counter the injustice of wrongful convictions. I ask that other interested citizens join me in calling for this to be made right.

MICHAEL J. MACCHIONI
South Hanover Twp."

PA: 125 Post-Conviction Death Sentences Overturned!

What would it take for the death penalty to finally be abolished in Pennsylvania or even the entire United States? How long will it be before we realize how arbitrary the system is, and that the act itself is barbaric and senseless? These questions seem unanswerable because the death penalty still remains prevalent in our justice system, but as the number of inmates taken off death row continues to rise, we should feel rejuvenated with hope. Hope that some day our country will be rid of this unjust system.

On March 22, Donnetta Hill and Angel Reyes became the 124^th and 125^th overturned Pennsylvania death sentences in the post-conviction process. Both were resentenced to life without parole, but Hill continues to maintain her innocence.

It is cases such as these that add to the already high amount of evidence against the efficiency and effectiveness of the death penalty. We allow defendants to sit on death row for years, sometimes decades, all the while forcing the family of victims to relive their tragedies. We use money to fund this broken system that could be much more beneficial in other areas, such as improved education systems or cleaning up a city.

The death penalty is and will continue to be a barbaric and broken tool of “justice” in our country. Until it’s abolished, we will be funding a system that has never been proven to be an effective crime deterrent, we run the risk of executing an innocent person and potentially commit the same crime that we sentence people to death for: murder.

Message to Pennsylvania: "It is Well Past Time for the State to Stop its Machinery of Death"

While the amount of criticism surrounding the death penalty in the United States continues to build up, this so called “crime deterrent” still exists as part of our justice system.

An editorial published in The New York Times highlighted some of the issues raised against the death penalty in Pennsylvania. The article titled, “Pennsylvania and the Death Penalty,” mentioned recent reports done by a Philadelphia Judge that found the amount of money paid to court-appointed lawyers is severely inadequate and often leads to ineffective legal counsel.

The article also mentions the case of Derrick White, who was sentenced to death by a Philadelphia jury on February 29, 2012. Derrick White’s case follows the pattern of poor representation found by the RAND study. White’s lawyers did not take the most basic steps for a capital case; such as entering evidence of his background and failure to hire a death penalty expert to prepare for the case.

The death penalty in Pennsylvania and the rest of the United States continues to tarnish our status as a “civilized” nation. In order to transcend beyond barbarism, we must abolish the death penalty now.

Abolishing the Death Penalty in PA Could Save Millions

Common Please Court Judge Benjamin Lerner has recommended that Philadelphia spend an additional $340,00 on capital-case attorneys bringing the total to $540,000 per year. Meanwhile, states such as Illinois that have abolished the death penalty are saving $4.7 million per year since the death penalty was abolished. Based on the figures, which seems like a better option?

A recent study in Philadelphia by Judge Lerner concluded that the “compensation of court appointed capital defense lawyers in Philadelphia is grossly inadequate, both as to the dollar amount of compensation and as to the compensation schedule provided by the present fee system.”

As it is now, capital-defense attorneys in Philadelphia get paid less than any other county in the state. According to Judge Lerner, this low-pay system “unacceptably increases the risk of ineffective assistance of counsel in individual cases.” Because of this, Judge Lerner recommended a $340,000 increase to the $200,000 that was spent in 2010.

But wouldn’t it make more sense to save money yearly rather than spend more?

Illinois, who abolished the death penalty in March 2011, is saving $4.7 million yearly because of cutbacks made at the State Appellate Defender’s office.

While it is important that we make sure each defendant receives a fair trial with adequate defense, abolishing the death penalty in PA is undoubtedly the better option. Not only does it eliminate the risk of executing an innocent person, but it would save money that could be used elsewhere.

Will Pennsylvania Supreme Court Consider U.S. Supreme Court Message?

Pennsylvania's Supreme Court has the opportunity to consider the message from the US Supreme Court on the unreliability of eyewitness identification. Follow this link to read more from our friends at the Pennsylvania Innocence Project.

http://innocenceprojectpa.wordpress.com/2012/02/16/u-s-supreme-court-to-reconsider-use-of-eyewitness-testimony

PA to follow NC in Addressing Racial Bias in Death Penalty

Racism has been a blemish on the record of the United States since the colonial era. Despite many laws, acts and movements to abolish racism, it unfortunately still remains prominent in society. Now, we claim that racial discrimination does not occur in our country, such as during a trial where a black male could be sentenced to death. However, many factors point to racist tendencies in the courtroom, but some states, such as North Carolina, are fighting back.

The first case involving North Carolina’s Racial Justice Act has concluded. It involves Marcus Robinson, who was convicted of murder in 1994. The RJA allows death row inmates to present evidence of racial bias to a judge, and if the judge rules that there was racial injustice present throughout the process that inmate’s sentence will be changed to life without parole. Robinson’s case is the first under the RJA that will hopefully set the bar for the 150 cases to follow.

Robinson’s defense is arguing that prosecutors did not allow African Americans to serve on the jury based on the color of their skin. A Michigan State University study showed that in more than 173 death penalty trials from 1990-2010 prosecutors struck black jurors more than twice as often as non-black jurors.

Philadelphia took a very proactive approach in preventing African Americans from serving on a jury. District Attorneys in Philadelphia underwent training sessions, during which they were taught how to effectively hide racial bias while eliminating blacks from the jury pool.  

Quotes from the tape include:

“Let’s face it, … there’s the blacks from the low-income areas[,] … you don’t want those people on your jury.”

And

“You know, in selecting blacks, you don’t want the real educated ones.”

Do you find it hard to believe that this sort of racism still exists in America? Watch the video for yourself: http://video.google.com/videoplay?docid=-5102834972975877286

Pennsylvania’s version of the Racial Justice Act, House Bill 1996, is scheduled to be introduced to the House next week. Although there is currently a study underway in PA regarding the death penalty, the House needs to pass HB1996 now to prevent anyone from being unjustly executed.

Beccaria Kickstarter: A Note from Aja Beech

Hello Friends,

I am so excited to say that Beccaria was accepted for a Kickstarter Fundraising opportunity- now to raise the funds! Below is a link to the project where donations can be made and some more information about Beccaria, a chapbook of art and poetry on the death penalty. Donations can start at $1- and every little bit helps. We need to raise $750. Please consider making a small donation and make sure to pass this on.

http://www.kickstarter.com/projects/695585959/beccaria

Beccaria is a chapbook of poetry which brings awareness to the death penalty in Pennsylvania. The chapbook is a compilation of the art and poetry of murder victims' family members, current death row inmates and exonerated death row prisoners. The first printing of the chapbook was funded through a Leeway Art and Change Grant. This project is to fund the second printing. The chapbook in its entirety can be viewed here.

The Leeway Foundation site states the intention of the chapbook "is to make a powerful artistic statement that could potentially encourage those that read it to consider whether the death penalty truly serves the needs of victims or the community at large."

Read a review of Beccaria here

Beccaria contributers:

Delbert Tibbs, David Keaton, Mary DeWitt, Reginald Lewis, Jan Williams, Devon Williams, Elizabeth Johnson, Hasan Shakur, Aja Beech

Sincerely,

Aja Beech

267-639-6169

beech.aja@gmail.com