Recently, various victims and relatives of victims have testified before state legislatures concerning the death penalty. In Connecticut, a woman who had been attacked by convicted murderer Michael Ross, testified that she nevertheless opposes his execution. And in North Carolina, the sister of a man who was murdered in 2003 urged state legislators to reconsider the death penalty.
Bill Pelke tells of the life-altering transformation that occurred after his 78-year-old grandmother was murdered by four teen-aged girls in his book, Journey of Hope...From Violence to Healing. Though at first he supported the death penalty for 15-year-old Paula Cooper, one of the young girls who had murdered his grandmother in her home for $10 and an old car, he later opposed her execution and successfully fought to have Cooper's death sentence overturned. The book follows his personal journey over many years and features a forward by Sister Helen Prejean.
The Florida Supreme Court has vacated James Floyd's 1985 conviction and death sentence, ruling that critical evidence was withheld by the prosecution and that the evidence might have been enough to change the verdict at trial. In its 4-2 decision, the Court ruled that the prosecutor's failure to inform Floyd's defense counsel that an eyewitness had seen two white men entering the victim's home on the day of the murder and saw them leave in a suspicious manner approximately one hour later "severely compromised Floyds' constitutional right to a fair trial." The ruling noted that the state's case against Floyd, who is black, was based mainly on circumstantial evidence, and included no eyewitness, fingerprint or DNA evidence linking him to the murder. "We conclude that our confidence in the defendant's murder conviction has clearly been shaken by the evidence that the State suppressed in this case. While there is not a 'smoking gun' in the suppressed evidence that would completely exonerate the defendant, there was also not a 'smoking gun' in the State's case against him," the court wrote. Bernie McCabe, the state attorney in Pinellas County, said he didn't know if the state would attempt to bring Floyd to trial again.
The Death Penalty Information Center Web site contains summaries of the issues in upcoming Supreme Court arguments related to the death penalty, as well as summaries of recent Supreme Court decisions.
A recent article in the Western New England Law Review examines ways in which the rules of evidence and procedures at capital sentencing trials are less rigorous than those applied at the guilt-phase of the trial. In capital sentencing hearings, evidence is permitted that would not be admissible to prove guilt. The defendant does not receive traditional trial protections at the sentencing trial. For example, hearsay may be received by the jury during sentencing, but is generally inadmissible at the guilt phase of the trial because it is considered unreliable.
An Oklahoma County District Judge has determined that Osbaldo Torres, a Mexican foreign national who was once on Oklahoma's death row, should have been told before his trial that he had a right to contact his home country's consulate. Judge Twyla Mason Gray also found that Torres had ineffective counsel at his trial. Her findings stem from a December hearing held at the request of the State Court of Criminal Appeals. The appeals court wanted Judge Gray to hear evidence about Torres' representation and to determine if American officials had violated protections guaranteed by the Vienna Convention on Consular Relations. The findings have been sent to a higher appeals court for review. Though it is uncertain when they will rule in the case, those judges could decide to order a new trial for Torres or affirm his conviction. After Torres had spent more than a decade on death row, Oklahoma Governor Brad Henry commuted Torres' death sentence to life in prison without parole in May 2004.
U.S. Senator Rick Santorum, an outspoken conservative Catholic from Pennsylvania, is re-examining his views on capital punishment. In response to the announcement by the U.S. Catholic Conference of Bishops concerning their new Campaign to End the Use of the Death Penalty, Santorum said, "I felt very troubled about cases where someone may have been convicted wrongly. DNA evidence definitely should be used when possible. I agree with the pope that in the civilized world ... the application of the death penalty should be limited. I would definitely agree with that. I would certainly suggest there probably should be some further limits on what we use it for." This is a significant shift in opinion on the death penalty for Santorum, who voted against replacing capital punishment with life without parole in 1994 and helped to block a 1996 effort to make it easier for those on death row to appeal their convictions. He said, "I never thought about it that much when I was really a supporter of the death penalty. I still see it as potentially valuable, but I would be one to urge more caution than I would have in the past." Santorum's remarks came as the United States Conference of Catholic Bishops released a Zogby International poll showing a dramatic decline in Catholic support for capital punishment.
A national poll of Roman Catholic adults conducted by Zogby International found that Catholic support for capital punishment has declined dramatically in recent years. The Zogby Poll was released on March 21, 2005 at a press conference of the United States Conference of Catholic Bishops as it announced a new Campaign to End the Use of the Death Penalty. The poll revealed that only 48% of Catholics now support the death penalty. Comparable polls by other organizations had resgistered a 68% support among Catholics in 2001. In addition, the percentage of Catholics who a
America Without the Death Penalty: States Leading the Way provides a comprehensive review of the conditions that resulted in twelve U.S. states not having capital punishment. The book looks at factors such as economic conditions, public sentiment, mass media, population diversity, murder rates, and the regional history of executions, that led to abolition in those states. The book's authors, Professors John F. Galliher, Larry W. Koch, David Patrick Keys, and Teresa J.
The capital convictions of dozens of people from Alameda County, California are coming under legal scrutiny because of an accusation that Jews and black women were excluded from juries in capital trials in the county as "standard practice." The practice was revealed in a sworn declaration by former Alameda prosecutor John R. Quatman in the habeas corpus proceedings of Fred Freeman, a man on California's death row who is seeking to have his conviction overturned.