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NEW VOICES: Texas's Baptist Standard Advocates Ending Death Penalty

An editorial in the Baptist Standard, published in Texas, recently called for repealing the death penalty in the next legislative session. Among the reasons cited by the paper for ending capital punishment were principles of religious faith, the risk of executing innocent defendants, its ineffectiveness in deterring crime, the high costs of prosecution, and its unfairness in affecting the poor and people of color. The editorial quoted the recent report from the National Resource Council criticizing the "fundamental flaws in the research" about deterrence and discouraging reliance on such studies to support the death penalty. The paper concluded, “[T]he possibility—and almost certain likelihood—the state periodically executes innocent people should propel capital punishment beyond the pale of possibility. . . . Since we know the courts can make grievous mistakes, how can we say we value life and perpetuate a program that sometimes kills innocent people?”  Read full editorial below.

INNOCENCE: New Evidence That Texas May Have Executed an Innocent Man

In one of the most comprehensive investigations ever undertaken about the execution of a possibly innocent defendant, Professor James Liebman and other researchers at Columbia University Law School have published a groundbreaking report on the case of Carlos DeLuna (pictured), who was executed in Texas in 1989.  This "Anatomy of a Wrongful Execution" is being published today (May 15) in Columbia's Human Rights Law Review.  Prof. Liebman concluded DeLuna was innocent and was wrongly convicted "on the thinnest of evidence: a single, nighttime, cross-ethnic eyewitness identification and no corroborating forensics." DeLuna maintained his innocence from the time of his arrest until his execution, claiming that the actual culprit was Carlos Hernandez, who looked so similar to DeLuna that friends and family had mistaken photos of the two men for each other. Prosecutors called Hernandez a "phantom" of DeLuna's imagination, although Hernandez was known to police and prosecutors because of his history of violent crimes, including armed robberies and an arrest for a murder similar to the one for which DeLuna was executed. Liebman's investigation found that Hernandez "spent years bragging around Corpus Christi that he, not his tocayo - his namesake and 'twin' - Carlos DeLuna, killed Wanda Lopez."

MENTAL ILLNESS: Texas Scheduled to Execute Forcibly-Medicated Inmate

Steven StaleyUPDATE: Execution stayed by Texas Court of Criminal Appeals (May 14).  Steven Staley (pictured) is scheduled to be executed in Texas on May 16, despite the likelihood that he would be deemed incompetent for execution if he was not being forcibly medicated under court order.  The U.S. Supreme Court has held that it is unconstitutional to execute an inmate who is mentally incompetent.  In a non-death penalty context, the Court has also held that it is permissilble to forcibly medicate an inmate if if he is dangerous to himself or others, the treatment is medically appropriate and in his medical interest, and there is no less intrusive alternative.  In this instance, the forced medication will likely lead to his death.  Staley's lawyer, John Stickels, said, “The whole reason he’s been medicated is to make him competent to be executed.” Staley has a long history of paranoid schizophrenia and depression. On death row, he has given himself black eyes and self-inflicted lacerations. He has been found spreading feces and covered with urine. If Staley is executed, he will probably be the first inmate executed while being forcibly medicated for mental incompetency. In a similar case in Arkansas, the U.S. Court of Appeals for the 8th Circuit ruled that Charles Singleton could be forcibly medicated to make him sane enough for execution, but Singleton began taking his medication voluntarily several weeks before he was executed in 2004.

EDITORIALS: "Shortage of Key Drugs May Suspend Death Penalty in Missouri"

The St. Louis Post-Dispatch urged Missouri to end its death penalty as the system has ground to a halt because of controversies involving its method of execution. On May 8, a federal appeals court declined to rule on a challenge to the state’s lethal injection protocol because the Department of Corrections could no longer obtain one of the three drugs specified in the protocol. The U.S. Court of Appeals for the Eighth Circuit said, “The DOC is unable to carry out the challenged protocol as written, and it appears unlikely it ever will.” A new protocol will be needed.  The drug shortage will almost surely halt executions in the state. The editorial called this recent turn of events “an ideal time for Missouri to follow the lead of 17 other states and forego capital punishment. It's expensive and serves no deterrent effect. Its administration is always arbitrary and capricious. Missouri so botched its procedures in the mid-2000s that a federal judge suspended executions until the state fixed the problems. Only two men have been executed since 2005.” Read full editorial below.

MULTIMEDIA: Interview with Michael Selsor-Served Longest Time Between Conviction and Execution

Al Jazeera recently released a video of an interview with former Oklahoma death-row inmate Michael Selsor (pictured). Selsor was the most recent person executed in the U.S. and probably the inmate who served the longest time between conviction and execution of anyone in U.S. history.  He was first sentenced to death in 1976 for murder and was imprisoned over 36 years prior to his execution on May 1, 2012.  Although his sentence was reduced to life when Oklahoma's death penalty was overturned in 1976, he was re-sentenced to death for the same crime in 1998.  The interview was conducted in 2010 and was the only interview Selsor granted. When asked about the difference between the death penalty and life without parole, Selsor said, “The only difference between death and life without parole is one you kill me now, the other one you kill me later. There's not even a shred of hope. There's no need to even try to muster up a seed of hope because you're just gonna die of old age in here....With the death penalty sentence I'm entitled to more appeals - the government's gonna pay for it. I don't have to do it myself if I don't have the money for a lawyer which I don't have. Instead I'm relying on public defenders to do my appeals."  Selsor was also asked about how he was handling his inevitable execution: “I'm not gonna beg 'em to spare my life. I'll try to keep my head up with a little bit of dignity, and I'm gonna be buried out on Periwood Hill.”   See the video of the interview.

COSTS: Appeals for Last Two Inmates Executed in California Cost $1.76 Million

Records obtained by the Bay Area News Group in California show that the appeal costs for the last two men executed in the state were $1.76 million.  At that rate, the cost of carrying out the executions of the 724 inmates still on death row could exceed $700 million if the death penalty is not repealed in November.  Records show that the state and federal appeals for Clarence Ray Allen, the oldest and most recent death row inmate executed in the state, cost more than $761,000. Appeals for Stanley “Tookie” Williams cost the public nearly $1 million. These costs do not include the state's expenses in defending the convictions, the trial costs, or the extra costs attributed to death-row incarceration.  If the death penalty is repealed by ballot initiative in November, some of the money saved will be used for pursuing unsolved cases.  Moreover, those convicted of murder will be required to work and make compensation to victims' families.  Carlos Moreno, who reviewed such appeals as both a California Supreme Court justice and Los Angeles federal judge said it would not be easy to reduce the costs: "That's what it costs," Moreno said. "I've seen it. I don't think we're overly generous." Jeanne Woodford, a former warden at the San Quentin prison where death row is housed, said, "We're spending this amount of money for a handful of people and it doesn't really do anything for public safety."