New Voices

Glossip Defense Alleges Intimidation of Innocence Witnesses by Oklahoma Prosecutors

Defense lawyers have filed a motion in the case of Richard Glossip (pictured) alleging that two witnesses who have come forward with evidence of Glossip's innocence have been intimidated by prosecutors. Glossip was sentenced to death for the murder of Barry Van Treese, based upon the testimony of the actual killer, Justin Sneed, who was spared the death penalty in exhange for testifying that Glossip had offered him thousands of dollars to kill Van Treese. On September 23, Glossip's attorneys filed allegations that Michael Scott and Joseph Tapley had been arrested and interrogated by prosecutors in retaliation for providing statements that Sneed had acted alone. Prior to Glossip's scheduled September 16 execution, Scott had provided an affidavit stating that, "Among all the inmates, it was common knowledge that Justin Sneed lied and sold Richard Glossip up the river." On September 16, the Oklahoma Court of Criminal Appeals issued a two-week stay of execution to allow consideration of new evidence in the case, including Scott's allegations. Later, a second former inmate, Joseph Tapley, came forward to say he was "sure that Justin Sneed acted alone." Tapley, who had been Sneed's cellmate, said Sneed offered "very detailed accounts" of the murder, but "never gave me any indication that someone else was involved. He never mentioned the name of Richard Glossip to me." Tapley also said Sneed, "was very concerned about getting the death penalty. He was very scared of it. The only thing that mattered to him was signing for a life sentence." The defense filing alleges that, after the stay was granted, Scott was arrested for a parole violation and questioned by Oklahoma County District Attorney David Prater, whose office prosecuted Glossip. It says that "Mr. Prater specifically told Mr. Scott that he ordered this action so that Scott would be forced to talk with Prater and his investigator." An arrest warrant was also issued for Tapley after he told Prater he did not wish to speak with him. Prater sharply denied the allegations of intimidation, calling them "lies." 

Former Inmates Plead for Clemency for Kelly Gissendaner, Who Gave Them Hope in Prison

A group of former Georgia prisoners is calling for clemency for Kelly Gissendaner, who is scheduled to be executed on September 29. The women say Gissendaner gave them hope and helped them turn their lives around. Nikki Roberts said she spoke to Gissendaner through a heating vent after Roberts had been placed in "lockdown" for trying to slit her wrists. Gissendaner told her, "Don't wish death on yourself. You sound like you've got some sense." Gissendaner encouraged Roberts to take taching courses and study theology. Roberts joined a choir and became a prayer leader. She was paroled last year and now teaches adult literacy. "Killing Kelly is essentially killing hope. Kelly is the poster child for redemption," Roberts said. Another woman, Nicole Legere, said Gissendaner helped her and many others. "I saw the change in (other inmates) who talked to her. There needs to be people like her, someone to be a mentor. She’s a lot of hope. And there’s not much hope in there." Gissendaner was convicted for her role in facilitating the murder of her husband, based upon the testimony of the actual killer, who received a deal in which he will become eligible for parole. If Gissendaner is executed, she will be the first woman executed in Georgia since 1945 and the only person who did not directly commit the killing to be executed in Georgia since the state reestablished the death penalty in the 1970s.

Another Drug Company Opposes Use of Its Product in Executions

Sun Pharma, which is based in India, has publicly dissociated itself from the use of its drugs in upcoming Arkansas executions. The company said it prohibits the sale of its products to entities that might use them for killing. Sun Pharma was notified of the possible misuse of its products by the Associated Press, which had obtained redacted photographs of the drugs Arkansas planned to use in eight scheduled executions. A recently passed secrecy law allows the state to withhold the source of its execution drugs from public scrutiny. (Virginia's Supreme Court also recently shielded some information about executions from the public.) Other companies whose drugs might be used by Arkansas have also objected. Hikma Pharmaceuticals said it was investigating whether Arkansas had obtained midazolam from one of its subsidiaries, and Hospira, which was identified as a possible source of the potassium chloride that Arkansas plans to use, was one of the first companies to bar its drugs from executions.

Conservative Commentator, Texas Editorial Urge End to Death Penalty for Mentally Ill

The U.S. Court of Appeals for the Fifth Circuit will hear arguments on September 23 regarding Scott Panetti's competency to be executed. Panetti is a severely mentally ill man who represented himself at his trial wearing a cowboy costume, and attempted to subpoena the Pope, John F. Kennedy, and Jesus Christ. As the court prepares to hear Panetti's case, opinion pieces in two Texas newspapers used it to illustrate larger problems with the death penalty and mental illness. In an op-ed in The Dallas Morning News, conservative commentator Richard Viguerie said Panetti's execution would not be "a proportionate response to murder," but "would only undermine the public’s faith in a fair and moral justice system." He wrote that people with severe mental illness, like juveniles and people with intellectual disabilities, should not be executed because they have diminished capacities to understand the consequences of their actions. "The rationales for the death penalty — retribution and deterrence — simply do not apply to a severely mentally ill individual like Panetti, who believes that a listening device has been implanted in one of his teeth." Executing Panetti, Viguerie said, would be "a moral failure for conservatives." A Houston Chronicle editorial discussed Panetti's case and the case of another mentally ill capital defendant, James Calvert. A Texas court terminated Calvert's self-representation after, in the words of the editorial, Calvert "took to defending himself with a farcical style that likely did more to hurt than help his case." Just before the court terminated Calvert's self-representation, a court deputy administered an electric shock to Calvert, causing him to scream for several seconds. The editorial said that "[t]he ultimate punishment - death - merits our highest standards of care" and that "judges must carefully balance the Sixth Amendment's right to represent oneself with the guarantee of competent representation." Calling for the end of the death penalty, the editorial board wrote, "Cases like Calvert and Panetti's show how something as serious as life and death can easily be turned into a farce." 

Former Judge: Pennsylvania Moratorium is "Appropriate" and "Reasonable"

Robert Cindrich, a former U.S. District Judge and U.S. Attorney for the Western District of Pennsylvania, recently wrote an op-ed for the Harrisburg Patriot-News calling Governor Tom Wolf's moratorium on executions in Pennsylvania "appropriate" and "reasonable." Expressing concerns about "multiple, serious problems with the death penalty" in Pennsylvania, Judge Cindrich says Governor Wolf "was absolutely correct" that no executions should take place until the Pennsylvania Advisory Committee and Task Force on Capital Punishment completes its study of the state's death penalty and makes recommendations for reform. In particular, Cindrich is "highly concerned about the fairness of [Pennsylvania's] capital punishment system." He points to "the reversals of most death sentences, the poor compensation of public defenders in capital cases, and the racial bias in Pennsylvania's imposition of death sentences" as areas all "in dire need of improvement." More than half of the 400 death sentences imposed in Pennsylvania have been reversed "due to serious flaws or misconduct at trial," he says, which indicates "that far too many individuals received unfair and unwarranted sentences of death."

Federal Judge: Delaware Execution "Highlights Profound Failings in Our Judicial Process"

U.S. District Court Judge Gregory M. Sleet has criticized the lack of judicial review provided by the state and federal courts prior to Delaware's 2012 execution of Shannon Johnson, saying Johnson's execution "highlights profound failings in our judicial process." In an article in the American Bar Association's Criminal Justice magazine, Judge Sleet - who was Chief Judge at the time of the case - called "[t]he Johnson case, and its result, ... by far the most troubling I have encountered." Johnson confessed to the crime and sought execution by waiving his appeals. Johnson's state court lawyer then advocated in support of his wish to be executed and opposed efforts by lawyers for Johnson's relatives to obtain review of his mental state. Questions about Johnson's mental competence and the state's process for determining competence were never reviewed by any court. Sleet stayed the execution twice, expressing concerns about flaws in the state competency proceedings, but the stays were lifted by the federal Court of Appeals for the Third Circuit. "[T]he case was and remains disturbing to me because, in the unnecessary haste to execute Johnson before his execution certificate expired — a haste arguably exacerbated by the State and the Third Circuit – I believe that the judiciary's fundamental role of ensuring due process, as realized through an adversarial process, was sacrificed or, at the very least, undermined," Sleet wrote. Sleet argued that Johnson's case illustrates larger problems in the death penalty system. "[I]f one of the goals of our adversarial process is, as I believe it to be, to 'preserve the integrity of society itself,' we must face the fact that, in so far as the administration of the death penalty is concerned, the process is broken," he said.

NEW VOICES: Kansas Federation of College Republicans Urges Repeal of Death Penalty

The Kansas Federation of College Republicans unanimously adopted a resolution calling for repeal of the death penalty in their state. “More young conservatives like myself recognize that our broken and fallible system of capital punishment in no way matches up with our conservative values,” said Dalton Glasscock, a Wichita State University student and chairman of the federation. Citing pro-life views and fiscal responsibility, the group urged Kansas legislators to repeal the state's death penalty. Eric Pahls, president of Kansas University College Republicans, said, "I think if, as Republicans, we call ourselves pro-life, that is from birth through natural death, not from birth until we decide your life is less important or less valuable." Glasscock and Pahls think there is a generational shift in views about the death penalty among young Republicans. A recent Pew Research Center poll indicated that death penalty support is weakest among younger Americans, among whom it has dropped by 8 percentage points since 2011. The federation joins the Republican Liberty Caucus of Kansas, who last year announced support for repeal of capital punishment. The Kansas Republican Party has dropped death penalty support from its platform, and now takes a neutral stance on the issue. Kansas has not carried out any executions since it reinstated the death penalty in 1994.

CNN's "Death Row Stories" Examines Possible Innocence of Man Executed in Texas

In the first episode of season 2 of "Death Row Stories," CNN examined the case of Ruben Cantu, who was executed in Texas in 1993 despite serious doubts about his guilt. The episode featured an interview with Sam Milsap, the District Attorney at the time of Cantu's trial, who asserted his belief in Cantu's innocence. Cantu's co-defendant and a key eyewitness from the case both supported Cantu's claim of innocence. The hour-long episode of the documentary series recounted how Lise Olsen, an investigative reporter for the Houston Chronicle, raised questions about the case and eventually convinced Milsap that Cantu was not guilty. "Death Row Stories" is produced by Robert Redford and narrated by Susan Sarandon. It airs Sundays at 10 pm. Other episodes this season include the stories of Randy Steidl and Seth Penalver, who were exonerated and freed from death row.