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.

How Many Exonerations Will it Take?

How many innocent people must we put on death row before we realize our system is flawed? How long should we run the risk of executing an innocent person before we abolish a system that has lost a considerable amount of support over the years?

The recent exoneration of Joe D’Ambrosio on January 23, 2012 marked the 140^th exoneration since 1973. Of the 140, six have come from Pennsylvania, but 219 people still remain on death row in the state.

In 2011, Gussie Vann of Tennessee was the 139^th exoneree when Senior Judge Donald P. Harris overturned Vann’s 1994 conviction. This was yet another example of ineffective assistance of council. In Vann’s case, the Judge ruled, in part, that the defense attorney’s inadequate preparation allowed Vann to be convicted based on ““inaccurate, exaggerated and speculative medical testimony."

If we have exonerated 140 people since 1973, how many of the 3,222 people currently on death row are innocent? And more importantly, how many of the 1,279 people were, in fact, not guilty of the crimes for which they were sentenced to die?

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

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.”

Poll Regarding the Case of Robert Gattis

Newsworks.org recently posted a poll regarding the case of Robert Gattis and whether the clemency granting by DE Governor Jack Markell makes a statement about the death penalty.

To vote in the poll, visit:

http://www.newsworks.org/index.php/component/apoll/apoll/354-do-you-think-go

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