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

TX Judge: No Hearing For Delusional Death Row Prisoner

When a judge blocks a hearing for a man who has been consistently found to be mentally incompetent, what are we to do? See what Brian Evans from Amnesty International USA has to say http://bit.ly/PnAbVn

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.

Reaching Abolition Through County Strategy

Want to do more to abolish the death penalty in PA? Take this opportunity to

Spring into Action through our new County Level strategy!

County strategy – Most of the cost of the death penalty is borne by Pennsylvania's counties, not the state, yet most county commissioners and almost all county residents have no idea how much more expensive a capital trial is compared to a trial where the maximum possible sentence is life without parole or a sentence of years. I’m asking that each of you contact your county commissioners and ask some tough questions about the cost of capital trials. If there is a current case where the District Attorney is considering seeking the death penalty or has already announced that he or she will seek the death penalty, please ask for the cost estimate for that case.

Last summer, I contacted one of the commissioners for York County. He had no idea of how much more a death penalty trial costs as opposed to one where death is not being sought. He also had no idea of how I might find out. He suggested that I look at the county’s budget. I did. Of course, those costs are not captured separately. The way the process works here is that when the court needs funding, a request is sent to the commissioners who then approve it without questioning it.

I went to the District Attorney’s Office and asked about the cost differences. I got the typical answer that since all of the staff are paid a salary and not by the hour or day, it doesn’t cost any more to put on a death penalty prosecution than it would to put on a prosecution where the maximum sentence is not death. This is patently untrue. Even if we are unable to capture the dollar amount, there is still an opportunity cost. What other cases might be prosecuted without the long delays that are delaying justice?

It will help us to abolish the death penalty if residents of many counties asked the same question of the district attorneys. While you may not receive a straight forward answer, your inquiry sends a clear message that residents are watching and are concerned about how their tax dollars are being spent.

Your experiences, whether they include attending a capital trial or a portion of it, meeting with county commissioners, District Attorneys, and the Chief Public Defender, would all make for powerful letters to the editor, blogs, facebook posts, tweets and more. If you’d like help with composing your letters or blogs, or social media messages, please let me know at KLucas@padp.org.

Last, but certainly not least, if you are able, please attend court proceedings of capital cases. The Commonwealth of Pennsylvania often conducts these cases as quickly and cheaply as possible. For example, I attended one trial where jury selection began on Monday and the defendant was sentenced to death on Friday afternoon.

Check back here soon for observation tips and a form that will make sharing your insights with the PADP office even easier. give you tips on observing and writing what you see and hear.

Thanks again for all that you do.

Kathleen

OH Continues to Tinker with Death

Ohio officials have agreed to an order issued by U.S. District Judge Gregory L. Frost to postpone the February 22^nd execution of Michael Webb. Webb is accused of setting the fire that killed his 3 ½ year old son Mikey. Webb continues to assert his innocence and says someone else started the fire.

Webb’s attorneys claim the fire chief on the scene used methods that 20 years of arson science have deemed invalid, according to arson-expert Gerald Hurst. They also contend that police failed to follow up on a lead that pointed to the boyfriend of one of Webb’s daughters.

In an eerily similar Texas case, Todd Willingham was executed for setting a fire that killed his three daughters. After the fact, additional arson experts, hired by the forensic commission concluded that the fire was most likely accidental. Hurst had authored a report that challenged the conclusion made by the Texas State Fire Marshal’s office. The execution went forward despite Hurst’s analysis.

Ohio’s postponement of Webb’s execution is only the most recent one as the state continues to tweak its lethal injection process, which Judge Frost calls “haphazard.”

Governor Grants Clemency to Robert Gattis

Today DE Governor Jack Markell granted clemency to Robert Gattis. Mr. Gattis suffered horrible abuse as a child and from many different people -- people that he should have been able to trust. This is an historic moment in Delaware's history.  The Board of Pardons recommended clemency, the Governor granted it, and Delaware's largest newspaper published an editorial in support of clemency.

That decision is both fair and just.  Mr. Gattis will now spend the rest of his life in prison.  He will be afforded the opportunity to provide guidance to his sons as he continues to remind them to conduct themselves appropriately and to take responsibility for their actions.

Many faith leaders spoke out in favor of clemency.  Gattis' former jailers said that execution was not the appropriate punishment for him.  A forensic psychologist said the abuse suffered by Mr. Gattis was among the worst that he had ever seen.  Former judges and prosecutors agreed. Delaware citizens spoke out and joined in the requests for clemency.  People from other places, some far away, were moved to action when they learned that the state of Delaware planned to execute a man for whom the death penalty was a disproportionate punishment, especially given that neither the judge nor the jury had heard the evidence of his childhood abuse and that the jury had not voted unanimously to sentence him to death.

Governor Markell deserves our thanks and respect for what he described as one of the most difficult decisions he has ever faced in his career.  Please join me in sending him messages of gratitude and commending him for making the right decision.

On twitter, he's @GovernorMarkell and I'm sure he would appreciate a show of public support as he is surely going to face criticism for his decision. You can also comment on the story here:
http://delonline.us/y4wwFj   He needs to hear from us now.

Take a moment to savor this victory.  There will be more to come as long as we keep the pressure on our elected officials.

With gratitude for all of the work that you do for justice,

Kathleen

Two Months

It's been two months since Troy Davis was executed by the state of Georgia and yet I still find it hard to believe that we allowed it to happen. Yes, we allowed it to happen. Sure, we signed petitions, made phone calls, sent emails and some of us did even more. We wrote letters to the editors of our local newspapers. We tweeted, talked to our friends, wore our "I AM TROY DAVIS" shirts. We watched Amy Goodman reporting live from the protest site near the death house. We held our collective breath and then dared to hope again when word came that something was happening at the Supreme Court. When we heard that the execution had not been stayed and that the execution, no, the murder, of Troy Davis was actually going to happen, we were horrified -- not surprised really, but horrified still.

This past weekend I gathered with friends and colleagues who dedicate their lives to abolitioning the death penalty. It was great to see them and yet I felt distant, almost numb. Is Troy really dead? Being with my fellow abolitionists felt surreal. Last time we were all together, Troy was still alive and we were hopeful.

We did a post mortem of the campaign to save Troy. Post mortem - I never realized what a chilling phrase that is. We listened as those who were there that night told their stories. I am so proud of their work and humbled to be among them. We learned from each other, made plans and pledged to continue the fight.

But when I returned to my room each night, I cried. I am still so overwhelmed by sadness and disbelief. How did we let this happen? How is it, that as a country, we still cling to the hope that executing a human being will make things better? How long will we believe in the false promise of closure? What is the source of our lust for revenge? What is it going to take to end the killing? How on earth can the agents of our government be such cold-blooded killers?

I have so many questions tonight and so much sorrow in my heart. I know we tried to stop the execution of Troy Anthony Davis. It wasn't enough. We have to do better. We have to demand that our legislators change the laws that give a state the right to commit murder in our names. We have to talk to our county commissioners and tell them that spending one penny in an attempt to commit murder is wrong and that we will not tolerate it any longer. We have to go to court when the sentence of death is sought. We have to be there to watch, to take notes and to look into the eyes of those who would kill in our names. We have to show the prosecutors and judges and jurors that they do not do their work in a vacuum. We have to educate ourselves on how this insanity can still happen in the United States of America and, most of all, we have to stop the killing. We have to stop it now. We cannot let this continue. We are all Troy Davis.