Georgia

Georgia

NEW VOICES: Former Georgia Chief Justice and Conservative Republican Leader Oppose Death Penalty

Two prominent Georgians, former Georgia Supreme Court Chief Justice Norman Fletcher (pictured, l.), and David J. Burge (pictured, r.), the Chairman of Georgia's 5th Congressional District Republican Party, have recently voiced their opposition to the death penalty. Justice Fletcher voted to uphold numerous death sentences during his 15 years on Georgia's highest court.  Since retiring from the Court in 2005, his views have changed.  “With wisdom gained over the past 10 years, I am now convinced there is absolutely no justification for continuing to impose the sentence of death in this country,” Justice Fletcher said. “There can be no doubt that actually innocent persons have been executed in this country,” Justice Fletcher said. He now believes that the death penalty is "morally indefensible" and "makes no business sense." Mr. Burge voiced similar concerns in an op-ed in the Atlanta Journal-Constitution, saying that "Our government is not perfect, and when you give an imperfect state the power of life and death, innocent lives will inevitably be exposed to the fallibility of the system." He called the death penalty "plagued by frequent errors, inefficiency and waste." A lifelong conservative Republican, Burge stated that "Capital punishment runs counter to core conservative principles of life, fiscal responsibility and limited government. The reality is that capital punishment is nothing more than an expensive, wasteful and risky government program."

Georgia Execution Postponed Due to Problem with Execution Drugs

The execution of Kelly Gissendaner was postponed just hours before it was scheduled to take place on March 2, after correctional officials in Georgia became concerned that the lethal injection chemicals appeared cloudy. "The Department of Corrections immediately consulted with a pharmacist, and in an abundance of caution, Inmate Gissendaner's execution has been postponed," the Department of Corrections said in a statement. Georgia is one of several states that have turned to compounding pharmacies for lethal injection drugs after large pharmaceutical companies blocked the use of their products in executions. A state secrecy law shields the identity of the drug preparer. Gissendaner's lawyers had filed appeals with the U.S. Supreme Court arguing that the lack of transparency could allow the use of drugs that were unreliable. Georgia has not yet announced a new execution date. Gissendaner's execution was previously moved from February 25 to March 2 due to a winter storm.

Georgia Board Denies Clemency for Sole Woman on Death Row

UPDATE: Gissendaner's execution has been rescheduled to Monday, March 2, due to a winter storm forecast to hit Georgia. Previously: On February 25 the Georgia Board of Pardons and Paroles denied clemency to Kelly Gissendaner, the only woman on the state's death row. Gissendaner was convicted of orchestrating the murder of her husband, but did not carry out the killing herself. At Gissendaner's clemency hearing, 21 people testified in favor of a reduction in sentence, including two of Gissendaner's children, several prison volunteers, and members of the clergy. Gissendaner's daughter, Kayla, said, "My father’s death was extremely painful for many people, but I’ve recently concluded that in many ways I was the person who was most impacted by his murder. The impact of losing my mother would be devastating. I can’t fathom losing another parent.” The man who committed the murder pleaded guilty in exchange for a life sentence. Gissendaner's attorney advised her not to take the same deal, saying that he thought a jury would not sentence her to death, "because she was a woman and because she did not actually kill Doug." Unless an appeals court halts the execution, Gissendaner will be the first woman executed in Georgia in 70 years.

January's Executions Underscore Core Death Penalty Problems

Even as executions have declined in the U.S., those being carried out often illustrate serious problems that have plagued the death penalty for many years. Of the six executions January, two (in Florida and Oklahoma) involved a lethal injection protocol that is now under review by the U.S. Supreme Court. Georgia executed Andrew Brannan, a decorated Vietnam War veteran with Post-Traumatic Stress Disorder, and Warren Hill, an inmate who was found intellectually disabled by state doctors, but who failed to meet the state's highly unusual standard of proving his disability "beyond a reasonable doubt." Texas executed Robert Ladd, an inmate with an IQ of 67. Texas courts have devised their own largely unscientific criteria for determining intellectual disabilty. That leaves Arnold Prieto, also executed in Texas. He was offered a plea bargain and probably would have been spared if he had testified against his co-defendants. Of those involved in the brutal crime, only Prieto received the death penalty.

LAW REVIEWS: Disparities in Determinations of Intellectual Disability

A recent law review article reported wide variations among states in exempting defendants with intellectual disability from the death penalty. Professor John Blume (l.) of Cornell Law School, along with three co-authors, analyzed claims filed under the Supreme Court's decision in Atkins v. Virginia (2002) against executing defendants with intellectual disability (formerly, "mental retardation"). Overall, from 2002 through 2013, only about 7.7% (371) of death row inmates or capital defendants have raised claims of intellectual disability. The total "success" rate for such claims was 55%. In North Carolina, the success rate was 82%, and in Mississippi 57%. However, in Georgia (where Warren Hill was recently executed), the success rate for those claiming this disability was only 11%, and in Florida, the success rate was zero. The authors found that states that significantly deviated from accepted clinical methods for determining intellectual disability, such as Florida, Alabama, Georgia, and Texas, had the lowest success rates. To preserve equal protection under the law, the authors recommended the Supreme Court strike down aberrant practices in isolated states, just as it struck down Florida's strict IQ cutoff.

Georgia Sets Execution Date for Inmate with Intellectual Disabilities

Georgia has set an execution date of January 27 for Warren Hill, an inmate diagnosed with intellectual disabilities (formerly referred to as "mental retardation"). If Hill was convicted in any other state in the country, he almost certainly would be ineligible for the death penalty. The U.S. Supreme Court banned the execution of people with intellectual disabilities in Atkins v. Virginia (2002), but allowed states to set procedures for determining this disability. Georgia set the strictest standard, requiring proof "beyond a reasonable doubt." A Georgia judge found Hill intellectually disabled under a "preponderance of the evidence" standard, which is the test used in most states. Hill's attorneys have asked for a stay of execution, saying that Georgia's unusual standard violates the Supreme Court's 2014 ruling in Hall v. Florida, which struck down Florida's unusual IQ cutoff for determining intellectual disability. Brian Kammer, an attorney for Hill, said, "Twice the lower court found Warren Hill to have intellectual disability by the preponderance of the evidence, a widely-used and appropriate standard. All of the states’ experts have agreed, and in fact no expert who has ever examined Mr. Hill disputes that he has intellectual disability." UPDATE: The Georgia Supreme Court rejected Hill's most recent appeal on Jan. 20. UPDATE: (1/28/15) Warren Hill was executed on January 27, 2015.

UPCOMING EXECUTION: Vietnam Veteran with PTSD Seeks Clemency

UPDATE: Brannan was denied clemency by Georgia on Jan.12. Andrew Brannan, a decorated veteran of the Vietnam War, is scheduled to be executed in Georgia on January 13. His execution would be the first of 2015. Brannan's attorneys are asking the Georgia Board of Pardons and Paroles to grant clemency because Brannan suffers from post-traumatic stress disorder and bipolar disorder. A police video from the crime scene illustrated Brannan's erratic behavior. Joe Loveland, one of Brannan's attorneys, said, "There was a direct connection between his service in Vietnam and the violence that he was exposed to there and the ultimate events that occurred here. The basic question really is, should a 66-year-old Vietnam War veteran with no prior criminal record and who was 100 percent disabled under the DA standards, both with PTSD and bipolar disorder, at the time of the murder of the deputy sheriff--should that person be executed?"

Georgia Judge Would Allow Execution of Intellectually Disabled Man, But Calls for Higher Court Review

A county judge in Georgia denied relief for Warren Hill, a death row inmate whose diagnosed intellectual disabilities have failed to meet the state's narrow standard for exemption from the death penalty. However, the judge encouraged the state Supreme Court to consider whether a recent U.S. Supreme Court ruling, Hall v. Florida, should require Georgia to modify its standard. Chief Judge Thomas Wilson of Butts County said, "In light of the severity of the penalty in this case, this Court hopes that, in reviewing [Mr. Hill’s] application to appeal, the Georgia Supreme Court will fully consider any potential application of Hall v. Florida to [his] case." In Hall v. Florida, the Supreme Court directed Florida to broaden its interpretation of intellectual disability. Florida refused to spare an inmate whose IQ was just one point above their cutoff. Similarly, Georgia has the narrowest standard of proof for intellectual disability in the entire country, requiring defendants to prove their disability beyond a reasonable doubt. Brian Kammer, an attorney for Hill, said,"Mr. Hill should not be eligible for execution in a nation which does not execute persons with intellectual disability, and he would not be eligible for execution in any other jurisdiction in the nation."

Pages