South Carolina

South Carolina

Fair Punishment Project Issues Report on Deadliest Prosecutors

A new report by Harvard Law School's Fair Punishment Project has found that a small number of overzealous prosecutors with high rates of misconduct have a hugely disproportionate impact on the death penalty in the United States. The report, "America's Top Five Deadliest Prosecutors: How Overzealous Personalities Drive the Death Penalty," shows that, by themselves, these prosecutors are responsible for more than 440 death sentences, the equivalent of 15% of the entire U.S. death row population today. Exploring what it calls "the problem of personality-driven capital sentencing," the report details the effects of Joe Freeman Britt of Robeson County, North Carolina; Robert Macy of Oklahoma County, Oklahoma; Donald Myers of the 11th Judicial District of South Carolina; Lynne Abraham of Philadelphia, Pennsylvania; and Johnny Holmes of Harris County, Texas. Britt, Macy, and Myers personally prosecuted a combined 131 cases that resulted in death sentences, while Abraham and Holmes oversaw offices that the report says imposed 108 and 201 death sentences, respectively. They also disproportionately sent innocent people to death row, prosecuting 1 out of 20 of the nation's death-row exonerees. The report found similar patterns involving these prosecutors, including high rates of prosecutorial misconduct, statements and actions that revealed a win-at-all-costs mentality, and a sharp decrease in death sentences once they and their proteges left office. Britt, Macy, and Myers were found to have committed misconduct in one-third to 46% of the death penalty cases they prosecuted. Prosecutors in Abraham's and Holmes' offices were found to have engaged in misconduct, including racially-biased jury selection and failures to disclose favorable evidence. Of the five prosecutors profiled in the report, only Myers—who is not seeking re-election—is still in office. After the other four prosecutors left office, the number of death sentences has declined significantly. Robeson County has imposed two death sentences in the last 10 years, Oklahoma County and Philadelphia County have each imposed three in six years, and Harris County dropped from an average of 12 death sentences a year during Holmes' last decade as prosecutor to one a year since 2008.

Daughter of Charleston Shooting Victim Opposes Death Penalty for Accused Killer

Sharon Risher, whose mother, Ethel Lance (pictured), and cousins, Susie Jackson and Tywanza Sanders, were killed in the racially-motivated shooting at Charleston's Emanuel AME Church one year ago, says she has not foregiven Dylann Roof, the accused perpetrator, but does not think he should be sentenced to death. In an article for Vox, Risher shared her experiences since the shooting, discussing her emotional reactions to her mother's death and her views on gun control, the removal of the Confederate flag from South Carolina's statehouse, and capital punishment. Risher, who is a church chaplain, says that "[t]here is no right way to grieve." Unlike her sister, Nadine Collier, who publicly voiced her forgiveness of Roof just days after the shooting, Risher is "still in the anger stage" of grieving and says she has not forgiven Roof. Still, she does not believe a death sentence is appropriate. "Despite the anger I am still coping with from my mother’s death, I don’t believe in the death penalty, even for the man who killed her. That’s my conviction because of my faith," she said. "I don’t believe as human beings that we should take away someone’s life just because we have the power to do so." A recent poll found that nearly two-thirds of black South Carolinians prefer a sentence of life without parole for Roof if he is convicted.

POLL: By 2:1 margin, Black South Carolinians Support Sentencing Church Shooter to Life Without Parole

A recent poll conducted by the University of South Carolina reveals deep racial divisions in the state over the death penalty and over the appropriateness of applying it in the case of Dylann Roof, the white defendant who faces state and federal capital charges in the race-based killings of nine black members of Emanuel AME Church in Charleston. According to the poll, 64.9% of African Americans in South Carolina oppose the death penalty, while 69.4% of white South Carolinians say they support it. Blacks were also more than twice as likely to support a sentence of life without parole for the church killings than to support the death penalty. Nearly two-thirds of black South Carolinians (64.7%) said that Roof should be sentenced to life without parole if convicted of the nine killings, while less than a third (30.9%) favored the death penalty. 4.4% said they did not know what sentence should be imposed. The views of white South Carolinians were diametrically opposite, with 64.6% saying they think Roof should be sentenced to death if convicted and 29.9% prefering life without parole. 5.6% of whites said they did not know which sentence should be imposed. Monique Lyle, who conducted the poll, said the results reflect consistent opposition to the death penalty among most black South Carolinians. Kylon Middleton, senior pastor of Mount Zion AME Church in Charleston, said the black community's opposition to capital punishment is tied to racial bias in the criminal justice system, adding, "We have been brutalized in this country, therefore, we can empathize with anyone … who would receive ultimate judgment." A recent study of South Carolina's death penalty found significant racial disparities in death sentences. For example, the study found that although 48% of South Carolina murder victims are black males, those cases account for only 8% of the state's death sentences. Earlier studies also found striking evidence of geographic and racial arbitrariness in South Carolina's application of capital punishment. The new poll also found profound differences in the views of South Carolinians as to how they believed African Americans were treated in the U.S. criminal justice system. 82.3% of blacks say that the justice system is biased against blacks. 59.5% of whites say it treats blacks fairly and 3.9% say it is biased in favor of blacks.

Bryan Stevenson Puts the Charleston Massacre and the Use of the Death Penalty in Historical Context

In an interview with The Marshall Project, Bryan Stevenson (pictured), director of the Equal Justice Initiative and author of Just Mercy, discussed the role the history of slavery, lynchings, and racial terrorism in the South played in the racially-motivated killings of nine black people in an historic black church in Charleston, South Carolina. In the interview, Stevenson described the historical use of the death penalty as a tool to reinforce a racially discriminatory social order. This, he says, is manifest in race-of-victim disparities in death penalty cases: "In Alabama, 65% of all murder victims are black, but 80% of all death sentences are imposed [when victims] are white. And that’s true throughout this country. We’ve used it particularly aggressively when minority defendants are accused of killing white people."  Occasionally, he says, states will seek the death penalty for a white man accused of a racially-motivated murder, masking the need for an open and honest discussion of this country's race problems. "You'll see lots of people talking enthusiastically about imposing the death penalty on this young man in South Carolina. But that’s a distraction from the larger issue, which is that we’ve used the death penalty to sustain racial hierarchy by making it primarily a tool to reinforce the victimization of white people." Given its historical legacy as tool of racial oppression, Stevenson urges the abolition of the death penalty, saying, "If I were the governor of South Carolina, I’d say: 'We’re going to abolish the death penalty, because we have a history of lynching and terror that has demonized and burdened people of color in this state since we’ve became a state.'...And I think every southern governor should do the same. That’s when you’d get the different conversations starting in this country. Then you might get some progress."

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.

Efforts Underway to Exonerate 14-Year-Old Executed in South Carolina in 1944

Attorneys representing the family of George Stinney, Jr., recently filed a request for a posthumous exoneration of Mr. Stinney, the youngest person executed in the U.S. in the 20th century. Stinney, an African-American 14-year-old, was executed in 1944 for the murder of two young white girls less than three months after a trial that was filled with errors. Although Clarendon County, South Carolina, where the trial took place, had a population that was 72% black, only whites served on Stinney's jury. Stinney's lawyer offered virtually no defense. His relatives, who could have offered an alibi, were not called to testify. Stinney allegedly made a confession, but the contents of his statement have never been revealed. His attorney did not file an appeal, so no court ever reviewed his trial. In a supportive brief in the effort to clear Stinney, the Civil Rights and Restorative Justice Project of Northeastern University School of Law stated, "The prosecution of George Stinney constituted a grave miscarriage of justice, causing great suffering for his family...Stinney’s shocking treatment was inconsistent with the most fundamental notions of due process, including but certainly not limited to the right to effective assistance of counsel."

ARBITRARINESS: South Carolina Frees Man Who Faced Execution

Joseph Ard, who spent 11 years on South Carolina's death row and a total of 19 years in confinement, was freed from prison on July 31. Ard was sentenced to death for the 1993 shooting of his pregnant girlfriend.  After his conviction, new lawyers unearthed evidence that corroborated Ard’s claim that the shooting was accidental, resulting from a struggle with his girlfriend over a gun.  Ard was granted a re-trial in 2007, and his lawyers presented scientific testimony that his girlfriend had gunshot residue on her hands, supporting Ard’s account of a struggle. The jury found Ard guilty of involuntary manslaughter, and the judge sentenced him to time served. Aimee Zmroczek, one of Ard’s lawyers, said, “The state Supreme Court once upheld his death sentence, so if that decision hadn’t been overturned, he might have been put to death by now.” Ard was the first person in South Carolina to be sentenced to death for murder involving an unborn child.  The prosecution did not seek the death penalty in the re-trial.


Read more here: http://www.thestate.com/2012/07/31/2376084/inmate-goes-from-death-row-to.html#.UBqhjchku_Z#storylink=cpy

NEW VOICES: South Carolina Officials Point to Costs and Uncertainty for Death Penalty's Decline

Use of the death penalty has decreased in South Carolina, and some state officials are pointing to the high costs and uncertainty of capital punishment as reasons for this decline. The state has had only one execution in the past three years, and the size of death row has declined almost 30% since 2005.  No one was sentenced to death in 2011.  Prosecutor David Pascoe initially planned to seek the death penalty for a mother who killed her two children, but later changed his mind, with cost being one factor:  "Once you file for the death penalty, the clock gets moving and the money, the taxpayers start paying for that trial," he said.  Representative Tommy Pope (pictured), a state legislator and former prosecutor who sought the death penalty for Susan Smith in a similar murder, now would tell victims' families to consider agreeing to a life-without-parole sentence instead of the death penalty.  Life without parole was adopted by the state in 1995.  It "allow[s] them a measure of closure that three retrials in a death penalty case never would," Pope said. 

Pages