Innocence

Death Row Exoneree Anthony Ray Hinton Shares His Story

In an interview with Salon, Anthony Ray Hinton (pictured, l.), the 152nd death row exoneree, spoke about his wrongful conviction and spending 30 years on Alabama's death row for a crime he did not commit. "They had every intention of executing an innocent man," Hinton said. "If you’re poor and black you don’t stand a chance."  Hinton spoke about the inadequate representation he received at his trial: "My ballistics expert was blind in one eye. He was paid $500. It came down to, 'Who do you believe? The expert with one eye, or the state?' The district attorney cross-examined my expert -- he chewed him up and spit him out."  Hinton described conditions on death row as "a second hell," adding, "[i]t’s not a place I would wish on my worst enemy." Prosecutors in his case continued to push for death, even after national ballistics experts had exposed the invalidity of the forensic testimony they had presented against Hinton. "The DA that we have now seems like he doesn’t give a damn about a man being innocent," Hinton said.  "When you have a death row case, you have to make 100 percent sure you have the right person." 

Charges Dropped Against Willie Manning; Becomes 153rd Death Row Exoneree

On April 21, Oktibbeha County (Mississippi) District Attorney Forrest Allgood announced that he would drop charges against death row inmate Willie Manning. In February, the Mississippi Supreme court granted Manning a new trial, saying that key evidence was withheld. Justice Michael K. Randolph wrote, "The State violated Manning's due-process rights by failing to provide favorable, material evidence." A witness testified that he saw Manning enter the victims' apartment, but police records that were withheld from the defense show the apartment from which he claimed to have seen Manning was vacant at the time, and records from the apartment complex did not list the witness as a tenant. The witness later recanted his testimony, saying he feared he would be charged with the crime if he didn't testify. Manning remains on death row for a separate crime, but the evidence against Manning in that case is hair and ballistics analysis from the FBI that was recently identified as seriously flawed. Manning came within hours of being executed in that case, receiving a stay of execution only after the FBI sent separate letters disclosing flaws in its ballistics and hair comparison testimony.

NEW VOICES: Effects of the Death Penalty on Those Who Carry It Out

Four retired death-row prison officials - two wardens, a chaplain, and an execution supervisor - recently described the effect that carrying out executions has had on them. Frank Thompson (pictured), who served as a warden in Oregon and Arkansas, said he believed in capital punishment until he thought "about those flaws in the back of my mind that I knew existed with capital punishment. It’s being administered against the poor; it lacks proof that it deters anything." He trained his staff to carry out executions, but, "I realized that I was training decent men and women how to take the life of a human being. In the name of a public policy that after all these years couldn’t be shown to increase the net of public safety." Terry Collins spent over 32 years working in corrections, including time as the director of the Ohio Department of Rehabilitation and Correction. He said seeing exonerations gave him concerns about the death penalty: "[T]the system does make mistakes. I don’t think you can make a mistake when you’re talking about somebody’s life." Jerry Givens, who oversaw 62 executions in Virginia, raised similar concerns, "I knew the system was corrupted when we exonerated Earl Washington Jr. from death row...You have two types of people on death row. The guilty and the innocent. And when when you have the guilty and the innocent, you shouldn’t have death row." Rev. Carroll Pickett was a chaplain on Texas's death row for 15 years and during 95 executions. He commented, "Standing by the gurney almost 100 times, and watching innocent men killed, watching repentant men killed, and seeing the pain among families and men and my employee friends, cannot leave my memories."

FBI Acknowledges Flawed Forensic Testimony Affected At Least 32 Death Penalty Cases

(Click on image to enlarge). The Federal Bureau of Investigation has formally acknowledged that examiners from the FBI Laboratory's microscopic hair comparison unit for decades provided flawed forensic testimony purportedly matching crime scene hair evidence to the hair of defendants charged with those crimes.  As part of an ongoing review of inaccurate forensic evidence, the FBI admitted that, In the 268 trials examined so far, its forensic experts systematically overstated the certainty of matches between crime scene hair evidence and defendants' hair.  That flawed testimony favored prosecutors more than 95% of the time.  The FBI admitted providing inaccurate expert testimony in 32 capital trials in which defendants were sentenced to death, including 10 cases from Florida and 5 each from Pennsylvania and Texas.  9 of the defendants -- including all 5 from Texas -- have since been executed. Studies have shown that inaccurate forensic evidence is frequently present in innocence cases -- and improper hair comparison testimony may already have contributed to at least one wrongful execution.  Senator Richard Blumenthal, a former prosecutor, said, “These findings are appalling and chilling in their indictment of our criminal justice system, not only for potentially innocent defendants who have been wrongly imprisoned and even executed, but for prosecutors who have relied on fabricated and false evidence despite their intentions to faithfully enforce the law.”

National Polls Show Historic Declines in Support for Death Penalty

“Counties"(Click image to enlarge) Polls released this week by Pew Research Center and CBS News show that public support for the death penalty has declined to near historic lows. Both polls reported that 56% of Americans support the death penalty. That is the lowest level of support ever recorded by the CBS News poll, and near the lowest level reported by Pew in the last 40 years. The Pew poll examined levels of support by political party and found that the decline in support for the death penalty is particularly striking among Democrats, with just 40% saying they support it now, compared to 71% who did in 1996. While 63% viewed the death penalty as a morally justified punishment for murder, most (71%), said there is some risk of executing innocent people, and 61% said they do not believe it deters serious crimes. Support for the death penalty is lowest among racial minorities (34% of blacks and 45% of Hispanics support it), women (49%), and Catholics (53%).  Large drops in support for the death penalty between 2011 and 2015 were reported among liberal Democrats (11 percentage points), women (10 points), those under age 30 (8 points), and conservative Republicans (7 points).

EDITORIALS: New York Times Sees "Alarming" Link Between Official Misconduct and Death Penalty Mistakes

In an editorial on April 13, the New York Times described the death penalty as "cruel, immoral, and ineffective at reducing crime" and called it "so riddled with error that no civilized nation should tolerate its use."  The Times described how prosecutorial misconduct and an "all-too-common mind-set to win at all costs" played a substantial role in the convictions of many of the 152 innocent men and women who have been exonerated after beingly wrongly sent to death row and had contributed to the execution of at least two death-row inmates who almost certainly were innocent. "Innocent people get convicted for many reasons, including bad lawyering, mistaken identifications and false confessions made under duress," the editorial said. "But as advances in DNA analysis have accelerated the pace of exonerations, it has also become clear that prosecutorial misconduct is at the heart of an alarming number of these cases." The Times noted that "In the past year alone, nine people who had been sentenced to death were released — and in all but one case, prosecutors’ wrongdoing played a key role."  Read full editorial below.

NEW VOICES: After 36 Executions, Former Virginia Attorney General Now Opposes Death Penalty

During his tenure as Attorney General of Virginia from 1998 to 2001, that state executed 36 people. Now Mark Earley opposes the death penalty. The former Attorney General recently discussed his change of opinion in an article for the University of Richmond Law Review. He wrote, “If you believe that the government always ‘gets it right,’ never makes serious mistakes, and is never tainted with corruption, then you can be comfortable supporting the death penalty.” He said, "Overseeing a legal system that put so many to death with such efficiency eroded me," but political concerns he had as Attorney General "walled off my doubts." Since leaving office, Early said he has "come to the conclusion that the death penalty is based on a false utopian premise. That false premise is that we have had, do have, and will have 100% accuracy in death penalty convictions and executions." He highlights two cases that raised significant concerns for him: the exoneration of Earl Washington, which took place during Earley's tenure as Attorney General, and the recent ruling vacating the conviction of George Stinney, who was executed in South Carolina in 1944 at the age of 14. Earley concludes, "I can no longer support the imposition of a penalty so final in nature, yet so fraught with failures."

Dying Texas Death-Row Inmate - Possibly Innocent - Seeks Relief from His Conviction

Attorneys for Texas death row inmate Max Soffar, who is dying of liver cancer, continue to seek a reversal of his case, even though judicial action - if it comes - may be too late. Soffar maintains his innocence in the 1980 murders of three people during a bowling alley robbery. The sole evidence against Soffar is a confession he signed after three days of unrecorded interrogation that is inconsistent with the facts of the case and, he maintains, is false. The confession also does not match the account of the murders provided by a man who survived the shooting. No physical evidence links Soffar to the crime and Soffar has presented evidence that another man, a serial killer, was much more likely to have committed the murders. Governor Rick Perry rejected a clemency petition last year that sought to allow Soffar to spend his last days at home. The Texas Board of Pardons and Paroles said that Soffar isn't eligible for clemency because there is no warrant for his execution. Andrew Horne, one of Soffar's attorneys, said, "Justice is where there's a fair system that was followed and offered an outcome that was rational. To me, Max is an injustice because there was never a fair system, and the outcome was completely irrational."  

Pages