Innocence

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.

BOOKS: "Examining Wrongful Convictions"

A new book, Examining Wrongful Convictions: Stepping Back, Moving Forward, explores the causes and related issues behind the many wrongful convictions in the U.S. Compiled and edited by four criminal justice professors from the State University of New York, the text draws from U.S. and international sources. Prof. Dan Simon of the University of Southern California said, ''This book offers the most comprehensive and insightful treatment of wrongful convictions to date," noting that it delves into topics such as the wars on drugs and crime, the culture of punitiveness, and racial animus, as they relate to mistakes in the justice system. The editors note that, "[The] essential premise of this book is that much of value can be learned by 'stepping back' from the traditional focus on the direct or immediate causes and consequences of wrongful convictions," with the hope of moving forward by "probing for the root causes of miscarriages of justice."

Justice Stevens Says Texas Executed an Innocent Man

In a discussion at the University of Florida Law School, former U.S. Supreme Court Justice John Paul Stevens said that recent research reveals that Texas almost certainly executed an innocent man in 1989. Stevens said, "Within the last year, Jim Liebman, who's a professor at the Columbia Law School and was a former law clerk of mine, has written a book...called The Wrong Carlos...He has demonstrated, I think, beyond a shadow of a doubt that there is a Texas case in which they executed the wrong defendant, and that the person they executed did not in fact commit the crime for which he was punished. And I think it's a sufficient argument against the death penalty...that society should not take the risk that that might happen again, because it's intolerable to think that our government, for really not very powerful reasons, runs the risk of executing innocent people." Prof. Liebman's research showed that Carlos DeLuna's case involved faulty eyewitness testimony and police failure to investigate an alternative suspect.

South Carolina Vacates the Conviction of 14-Year-Old Executed in 1944

On December 16, a South Carolina judge vacated the conviction of George Stinney, Jr., the youngest person executed in the U.S. in the last century. Judge Carmen Mullen wrote: “I can think of no greater injustice than the violation of one’s Constitutional rights which has been proven to me in this case.” Stinney, a black, 14-year-old boy, was convicted by an all-white jury of killing two young white girls. Police said Stinney confessed to the crime, but no confession was ever produced. His sister said in an affidavit in 2009 that she was with Stinney on the day of the murders and he could not have committed them, but she was not called to testify at his trial. The Stinney family was forced to leave town because of danger of violence. His trial lasted just 3 hours, and the jury deliberated for only ten minutes before finding him guilty. He was sentenced to die by electrocution. His attorneys did not file an appeal, and he was put to death less than three months after the offense.

INNOCENCE: Former Death Row Inmate to be Exonerated in Ohio After 39 Years

Former death row inmate Ricky Jackson will be formally exonerated on November 21 in Ohio, after spending 39 years in prison. A judge in Cleveland will dismiss all charges against Jackson, with the prosecution in agreement. Jackson is one of three men convicted of the 1975 murder of Harold Franks. The other two defendants, Ronnie and Wiley Bridgeman, were also sentenced to death and have filed a petition for a new trial, but that petition has not yet been resolved. Jackson's death sentence was vacated earlier, and the Bridgeman brothers' sentences were overturned when Ohio's death penalty was found unconstitutional in 1978. The men were convicted on the testimony of a 12-year-old boy who later recanted his testimony, and who now has said he did not witness the crime at all. Several people confirmed the boy was on a school bus at the time of the crime. No other evidence linked the men to the murder. A gun and car seen at the crime scene were linked to a man who was arrested in 1978 for another murder, but he was never charged in Franks' murder. In dropping the charges against Jackson, Cuyahoga County Prosecutor Timothy McGinty said, "The state is conceding the obvious." Ricky Jackson will be the 148th person exonerated from death row in the U.S. since 1973, the fifth in 2014, and the seventh in Ohio since 1973.

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