Innocence

NEW VOICES: Lead Prosecutor Apologizes to Death Row Exoneree, Urges State to Offer Compensation

In a letter to the Shreveport (Louisiana) Times, attorney A.M. "Marty" Stroud III (pictured), the lead prosecutor in the 1984 trial that sent Glenn Ford to death row until he was exonerated in 2014, offered his apologies to Ford, "for all the misery I have caused him and his family." Stroud voiced his full belief in Ford's innocence, saying "There was no technicality here. Crafty lawyering did not secure the release of a criminal...Pursuant to the review and investigation of cold homicide cases, investigators uncovered evidence that exonerated Mr. Ford. Indeed, this evidence was so strong that had it been disclosed during of the investigation there would not have been sufficient evidence to even arrest Mr. Ford!" Stroud takes responsibility for being "too passive" in prosecuting the case. "I did not hide evidence, I simply did not seriously consider that sufficient information may have been out there that could have led to a different conclusion," he said. "I was arrogant, judgmental, narcissistic and very full of myself. I was not as interested in justice as I was in winning." Now he is calling for compensation for Ford -- who is dying of stage 4 cancer that was untreated while he was in prison -- and a reconsideration of the death penalty. "Glenn Ford deserves every penny owed to him under the compensation statute. This case is another example of the arbitrariness of the death penalty.... No one should be given the ability to impose a sentence of death in any criminal proceeding. We are simply incapable of devising a system that can fairly and impartially impose a sentence of death because we are all fallible human beings."

INNOCENCE: Debra Milke Exonerated from Arizona Death Row

UPDATE: On March 23, Judge Rosa Mroz officially dismissed the charges against Milke. Milke has been added to DPIC's exoneration list. See Milke's statement on her exoneration. PREVIOUSLY: On March 17, the Arizona Supreme Court denied a request by prosecutors that it review a lower court's order that dismissed the charges against Debra Milke as a result of "egregious" police and prosecutorial misconduct and barring her retrial. The court's decision effectively ends prosecutorial efforts to reinstate murder charges against Milke. Milke spent 23 years on death row for allegedly arranging for two men to kill her 4-year-old son so she could collect an insurance payout. The two men who were convicted of committing the killing remain on death row. In 2013, the U.S. Court of Appeals for the 9th Circuit overturned Milke's conviction because the prosecutor had withheld evidence that undermined key testimony in the case. Arizona's prosecutors have been accused of misconduct in more than half of all cases in which the state has imposed death sentences. In this case, Detective Armando Saldate testified that Milke had confessed to him, but there was no recording, nor any witnesses to the confession, and Milke steadfastly denied having confessed. Saldate's personnel record, which prosecutors withheld from the defense, revealed that the detective had committed serious misconduct in prior cases, including lying under oath. In December 2014, the Arizona Court of Appeals barred prosecutors from retrying Milke. The state sought to appeal that decision to the Arizona Supreme Court, which the court rejected on Tuesday. The trial court is expected to formally dismiss the charges next week, which would make Milke the 151st person exonerated from death row since 1973 and the first in 2015. She will be the ninth person exonerated from death row in Arizona and the second female death row exoneree in the U.S.

Key Witness In Cameron Willingham Trial May Have Testified In Exchange for Reduced Sentence

A previously undisclosed letter written by jailhouse informant Johnny E. Webb, a crucial witness in the trial of Cameron Willingham (pictured) in Texas, indicates that Webb's sentence may have been reduced in exchange for his testimony that Willingham had confessed to intentionally starting a house fire that killed his three daughters.  The defense had never been informed of the existence of any deal between Webb and prosecutors in the case. Willingham was executed in 2004, but he consistently maintained his innocence, and forensic evidence of arson in the case was later discredited. Webb testified that Willingham had confessed to him while they were held in the same jail, but later recanted that testimony. Prosecutor John Jackson is now under investigation by the Texas State Bar for his handling of the Willingham case and the alleged deal with Webb. Webb's 1996 letter to Jackson said, “Recently, as I was going over my case notes, I noticed that you had told me that the charge of aggravated robbery would be dropped, or lowered, to robbery. . . . You told me this would be done before my transfer to TDC [Texas Department of Corrections].” He added that if Jackson did not take care of the change, Webb might file a court motion, possibly making their deal public. In a recent interview, Webb told The Marshall Project, “I did not want to see Willingham go to death row and die for something I damn well knew was a lie and something I didn’t initiate. I lied on the man because I was being forced by John Jackson to do so. I succumbed to pressure when I shouldn’t have. In the end, I was told, ‘You’re either going to get a life sentence or you’re going to testify.’ He coerced me to do it.”

NEW VOICES: Former Police Chief Says Pennsylvania's Death Penalty Is "Broken"

Terence Inch, a former police commissioner in Hellam Township, Pennsylvania, recently wrote in support of Gov. Tom Wolf's moratorium on executions and pointed to the mistakes that can happen in high-profile crimes: "In the aftermath of a brutal homicide, particularly one involving multiple victims or children, there is enormous pressure on law enforcement to solve the case and to solve it quickly...In the rush to solve these high profile cases it is easy to make mistakes, or to ignore evidence that points away from the 'person of interest.'" He pointed to the numerous exonerations of death row inmates, including six in Pennsylvania, as evidence of the risks in capital prosecutions: "Mistakes happen too often, as evidenced by the fact that 150 men and women in the United States have been convicted and sent to death row - only to be released when conclusive evidence of their wrongful conviction emerged." He also noted the high cost of capital punishment in the state: "Pennsylvania has spent upwards of $350 million dollars on a death penalty system that has produced just three executions since 1999. All three of those executions involved men who voluntarily gave up their appeals. The system is obviously broken."

Mike Farrell: Troublesome Case in Ohio Points to Broader Problems

Mike Farrell, actor and human rights leader, argued in an op-ed in the Cleveland Plain Dealer that the case of Anthony Apanovitch in Ohio demonstrates several significant problems with the death penalty. Apanovitch was recently granted a new trial, 30 years after he was convicted. Evidence in Apanovitch's case was withheld from his defense, and a DNA test was not performed until decades after the trial. "[W]hen the state seeks the penalty of death -- the one punishment that is irreversible," Farrell wrote, "there is a need for certainty that is at odds with the outrage of the public and the pressure on prosecutors." When a DNA test was eventually performed, it excluded Apanovitch, leading a judge to acquit Apanovitch on one count of rape, dismiss another rape charge against him, remove a specification from the murder charge, and order a new trial on the remaining murder and burglary charges. Farrell, who has been involved in the case for decades, emphasized how the uncertainty of the case effected the victim's family: "For 30 years, the Flynn family has lived with nearly unendurable pain while those in charge of our system have struggled to justify killing Anthony Apanovitch." He concluded, "It is too soon, even after 30 years, to call this case resolved. But it is not too soon to say that the death penalty system is a failure. In fact, it is long past time for us to declare that the death penalty does not serve the interests of society, the interests of victims, or the interests of justice."

Eric Holder Advocates for a Hold on Executions

U.S. Attorney General Eric Holder recommended that all executions be put on hold while the Supreme Court is considering Glossip v. Gross, a case involving Oklahoma's lethal injection procedure. Speaking for himself, rather than the administration, at a press luncheon on February 17, Holder said, "I think a moratorium until the Supreme Court makes that decision would be appropriate." Holder has previously criticized state secrecy in lethal injections, but voiced broader concerns about executing the innocent in his remarks: “Our system of justice is the best in the world. It is comprised of men and women who do the best they can, get it right more often than not, substantially more right than wrong. But there's always the possibility that mistakes will be made...There is no ability to correct a mistake where somebody has, in fact, been executed. And that is from my perspective the ultimate nightmare.” Holder said that the Department of Justice's review of the death penalty, which President Obama ordered after the botched execution of Clayton Lockett, is still underway, and is unlikely to be finished before Holder steps down as Attorney General.

UPCOMING EXECUTION: New Evidence Raises Doubts About Texas Inmate's Guilt

Attorneys for Rodney Reed, a death row inmate in Texas, have filed a petition in a county court with new evidence supporting an alternate theory of the crime that led to Reed's conviction. Reed is scheduled to be executed on March 5 for the murder of Stacy Stites. The petition included affidavits from three forensic experts who contend Stites died much earlier than police originally said, and that her body was stored for several hours in a different location than where it was found. They also said that there was not sufficient evidence to conclude that Stites had been sexually assaulted. Attorneys for Reed said Stites was likely killed by her fiance, a former police officer who is now in prison for the abduction and rape of a young woman while on duty. Affidavits from two of Stites' coworkers state she would "deliberately hide" from her fiance because “she was sleeping with a black guy named Rodney and … didn’t know what her fiancé would do if he found out.” Reed previously sought DNA testing of Stites' shirt and the belt used to strangle her, but that request was denied by the Bastrop County District Court.

Pennsylvania Governor Announces Moratorium on Executions

On February 13 Governor Tom Wolf of Pennsylvania announced a moratorium on all executions in the state. He said no executions will take place at least until he has "received and reviewed the forthcoming report of the Pennsylvania Task Force and Advisory Commission on Capital Punishment, established under Senate Resolution 6 of 2011, and there is an opportunity to address all concerns satisfactorily." The legislature commissioned the report in 2011. In his statement, Governor Wolf said, "This moratorium is in no way an expression of sympathy for the guilty on death row, all of whom have been convicted of committing heinous crimes. This decision is based on a flawed system that has been proven to be an endless cycle of court proceedings as well as ineffective, unjust, and expensive. Since the reinstatement of the death penalty, 150 people have been exonerated from death row nationwide, including six men in Pennsylvania." Terrance Williams, whose execution was scheduled for March 4, has been granted a reprieve. Governor Wolf joins the governors of Oregon, Washington, and Colorado in placing a hold on executions because of concerns about the death penalty system. In addition, 18 states have abolished the death penalty.

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