UPCOMING EXECUTION: Mentally Ill Inmate Asks for Execution in Alabama

Andrew Lackey is scheduled for execution in Alabama on July 25, despite suffering from mental illness his entire life. Lackey asked for an execution date, even though neither his state nor federal appeals have been completed. Despite extensive evidence of serious mental problems, the trial judge refused to order an expert competency evaluation, failed to inquire about medications he is taking and how they affect his mental state, and did not ask state officials about their diagnosis of Lackey’s mental condition. After a failed suicide attempt, Lackey asked the state to carry out his execution. Attorneys at the Equal Justice Initiative, who had represented Andrew Lackey, recently argued that the judge should not have permitted him to waive his appeals until his mental competency was properly evaluated.

INNOCENCE: Alabama Lawmakers Unanimously Vote to Pardon Scottsboro Boys

On April 4, the Alabama House of Representatives voted 103-0 in favor of a bill to posthumously pardon the "Scottsboro Boys," nine black teenagers who were wrongfully convicted of the rape of two white women in 1931. The bill passed the Senate by a vote of 29-0, and Gov. Robert Bentley has indicated he will sign it. All but one of the group were sentenced to death by all-white juries with virtually no legal representation. The military had to protect them from angry mobs. They lingered on death row for years. Eventually, after several arguments in the U.S. Supreme Court on the right to counsel and proper selection of juries, all of them were freed without execution. Through the years of appeals, one of the women who accused the group of rape recanted and said the claim was a lie. Sen. Arthur Orr, a Republican sponsor of the bill, said, "Their lives were ruined by the convictions. By doing this, it sends a very positive message nationally and internationally that this is a different state than we were many years ago." The last of the group of defendants died in 1989. (photo: Brown Brothers, Sterling, PA).

Prominent Former Prosecutors Fight for Death Row Inmate's Life

Former Manhattan District Attorney Robert M. Morgenthau has joined two other former prosecutors in filing an amicus brief in the U.S. Supreme Court on behalf of William Kuenzel, an Alabama death row inmate sentenced to death in 1988. New evidence emerged in 2010 raising doubts about his guilt. According to Morgenthau's brief, two witnesses who testified against Kuenzel gave entirely different accounts that did not identify him when they first met with authorities. One of the witnesses admitted being involved in the murder. Morgenthau, who retired from the D.A.'s office in 2009 at the age of 90, asked Gil Garcetti, former Los Angeles District Attorney, and E. Michael McCann, former District Attorney of Milwaukee, to join him in asking the Supreme Court to hear the case. The three men each served over 30 years as prosecutor, and oversaw a total of more than 7 million cases. Morgenthau said he always opposed the death penalty and felt he had to act in Kuenzel's case because it reminded him of the Central Park Jogger case, in which he helped reverse the convictions of five teenagers originally convicted of rape and attempted murder. Of the death penalty, which was in place in New York from 1995 to 2007, he said, “[W]e reduced murder by 90 percent and never once sought it.”

REPRESENTATION: On 50th Anniversary of Gideon, Some on Death Row Poorly Represented

Christopher Price is on death row in Alabama for the murder of a church minister in 1991. His current attorneys have asked the courts to enforce the ruling of Gideon v. Wainwright, the landmark 1963 decision guaranteeing the right to counsel for all defendants. According to Price's appeal, his trial attorney failed to provide even a rudimentary defense during a penalty trial that lasted only 30 minutes. The attorney neglected to "investigate his background for potential mitigation evidence," to "speak prior to trial with his family members, friends and schoolteachers," and to "retain a mental health expert despite [the attorney's] previous acknowledgment that a mental health report was essential to presenting a mitigation case." The brief continued, "The only mitigation witness that trial counsel called was Petitioner's mother, Judy Files. Trial counsel had not previously interviewed Mrs. Files, nor had she prepared Mrs. Files to testify. Even more critically, trial counsel was unaware that Mrs. Files had physically and mentally abused Petitioner throughout his life and had allowed several men with whom she had romantic relationships to routinely physically, sexually, and emotionally abuse Petitioner as well." The lower courts have held that even if the attorney's performance was deficient, it was not enough to warrant relief. On March 4, the U.S. Supreme Court declined to review Price's case.

Drug-Addicted, Suicidal Lawyer Files Improper Appeal, But Death Row Inmate Suffers Consequences

In his recent Sidebar column, Adam Liptak, Supreme Court reporter for the New York Times, discussed the plight that Alabama death row inmate Ronald Smith suffered at the hands of a drug-addicted lawyer and an unsympathetic court. In December, the U.S. Court of Appeals for the Eleventh Circuit ruled that Smith could not challenge his conviction and sentence because his lawyer failed to properly file his post-conviction appeal. However, as Liptak explained, the court did not "place much weight on the fact that the lawyer himself was on probation for public intoxication and addicted to crystal methamphetamine while he was being less than punctilious. In the months that followed, the lawyer would be charged with drug possession, declare bankruptcy and commit suicide." Smith did have a second lawyer, but he was in Tennessee and not authorized to practice in Alabama. Judge Rosemary Barkett (pictured) of the 11th Circuit dissented, saying clients should not be blamed for their lawyers’ mistakes, especially since clients on death row have no role in the selection of their lawyers and have no control over them. “It is unjust and inequitable,” she wrote, “to require death row inmates to suffer the consequences of their attorneys’ negligence.” Last year, the U.S. Supreme Court commented on the quality of Alabama’s death penalty system: “Nearly alone among the states, Alabama does not guarantee representation to indigent capital defendants in post-conviction proceedings. On occasion, some prisoners sentenced to death receive no post-conviction representation at all.” (Maples v. Thomas).

Many States to Consider Death Penalty Abolition and Reform in 2013

As legislative sessions begin across the country, legislators in several states have proposed bills to abolish or reform the death penalty in 2013. In Alabama, Sen. Hank Sanders will introduce bills to abolish the death penalty, or alternatively to institute a series of reforms. “I believe the death penalty is not only unproductive but counter-productive,” he said. Texas will also consider a number of death penalty reform bills, including restrictions on certain types of evidence, and the creation of an innocence commission. Colorado Sen. Claire Levy is drafting a bill to abolish the death penalty. "We have increasing concerns about the possibility of executing an innocent person," said Levy. Kentucky Rep. Carl Rollins plans to propose a bill to replace the death penalty with a sentence of life without parole. In Maryland, Gov. Martin O'Malley has voiced support for a bill to end the death penalty and direct some of the money saved to murder victims' families. New Hampshire's Gov. Margaret Hassan also supports abolition, and a bill is likely to be introduced in that state. In Oregon, where Gov. John Kitzhaber instituted a moratorium on executions for the remainder of his term, Rep. Mitch Greenlick plans to introduce a bill beginning the process of abolishing the death penalty.

Sentence of One of Alabama's Longest Serving Death Row Inmates Reduced After 30 Years

On December 6, Bobby Tarver, who had spent 30 years on Alabama's death row, finally had his death sentence reduced to life without parole by a state judge because of his intellectual disability. Tarver was Mobile County's longest-serving death row inmate, having been convicted in 1982 of murdering a taxi cab driver. Last September, a federal judge overruled state court opinions and held that Tarver could not be executed because of his mental retardation, thus concluding a years-long legal battle about Tarver’s mental capacity. The final ruling came ten years after the U.S. Supreme Court held in Atkins v. Virginia (2002) that it was unconstitutional to execute defendants with mental retardation.

NEW VOICES: Victims and Relatives Support Life Sentence in Alabama Mass Shooting

On September 24, a jury in Alabama found that Amy Bishop was indeed guilty of capital murder, a crime for which she had already pled guilty on September 11. Because of this finding and plea, she will be spared the death penalty for killing three members and wounding three others of the University of Alabama's biology faculty in 2010 after some of them voted against granting her tenure. Madison County District Attorney Rob Broussard agreed to the life without parole sentence after learning that some of the victims’ families strongly opposed capital punishment. Broussard said, “[I]f you look at the folks who had the most at stake, who have lost the most, and victims' families, for me to disregard those feelings and forge ahead, I would be ashamed.” Dr. Jacqueline Johnson, the wife of one of Bishop’s victims, said, “It's very difficult when something so heinous and senseless strips you away of your support system. I’ve come to terms with what has happened. But in my heart, I feel that the loss will not be diminished by this sentence. Today merely begins a new chapter. In the coming months, in the coming days, we will continue to move forward to ensure that measures and justice is rendered for all parties that are responsible for the events that occurred on Feb. 12, 2010.”  Dr. Joseph Leahy, who was seriously wounded during Bishop's attack, said he was not actively seeking the death penalty for Bishop. "There's no closure overall because I will always remember my friends and colleagues," he said. Dr. Debra Moriarity (pictured), whom Bishop also tried to kill and now head of the department, had decided to leave the death penalty question "in God's hands."