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Kentucky Sentences Man to Death After 10 Years in Mental Hospital

Posted: February 8, 2005

Though he has spent more than a decade in mental hospitals and his trial was postponed for 18 years due to questions regarding his sanity, Sherman Noble was recently sentenced to death in Kentucky after serving as his own defense counsel.   In 1988, Noble was declared incompetent to stand trial and was placed in a mental hospital for further evaluation and treatment.  He was later declared competent in 1997.  Noble attempted suicide on the day of his sentencing and appeared in court  in a wheelchair.  The issue of whether Noble should have been allowed to serve as his own attorney is expected to be a key issue in his appeals.

 

NEW VOICES: Kenneth Starr Calls for "Utmost Caution" and "Absolute Certainty" with Death Cases

Posted: February 2, 2005

Kenneth W. Starr, a former federal judge and U.S. Solicitor General, recently represented Virginia death row inmate Robin Lovitt before the U.S. Court of Appeals for the 4th Circuit. Though he supports capital punishment, Starr stated that "the death penalty has to be administered with the utmost caution and reserved for the gravest offenses. This is not that kind of case. Robin Lovitt maintains his innocence, and evidence that might prove his innocence has been destroyed. I'm very distressed by that.... Society had better be

 

Mentally Ill Woman Dies After 20 Years on Nevada's Death Row

Posted: February 2, 2005

Priscilla Joyce Ford, who suffered from a variety of mental illnesses and who was the lone woman on Nevada's death row for more than twenty years, died of apparent complications from emphysema on January 29, 2005. A prison spokesman said, "She had been quiet for so long. No one ever had any problems with her (in prison). I don't remember hearing about her violating any rules." Ford was sentenced to death row after she was convicted of killing 6 people and injuring 23 others by driving her car down a crowded Reno sidewalk on Thanksgiving Day 1980.

 

NEW RESOURCE: Study Examines Mental Status and Childhood Backgrounds of Juveniles on Death Row

Posted: February 2, 2005

A recent study of 18 juvenile offenders on death row in Texas found that nearly all participants experienced serious head traumas in childhood and adolescence, came from extremely violent and/or abusive families, had one or more severe mental illnesses, and had signs of prefrontal brain dysfunction. The study, conducted by Dr. Dorothy Otnow Lewis of Yale along with other experts, suggests that most of the juvenile offenders on America's death rows suffer from serious conditions which "substantially exacerbate the already existing vulnerabilities of youth." In the study, Dr. Lewis and her colleagues reviewed all available medical, psychological, educational, social, and family data for each participant to clarify the ways in which these various aspects of development may have diminished a juvenile offender's judgment and self control.

 

Florida Supreme Court Judge Criticizes "Worst Lawyering I've Seen"

Posted: February 2, 2005

Justice Raoul Cantero (pictured), recently appointed to Florida's Supreme Court by Gov.

 

Connecticut Legislative Hearings Exhibit Strong Opposition to the Death Penalty

Posted: February 2, 2005

A retired prison warden, victims' family members, and a former death row inmate were among the nearly 75 speakers at a state Judiciary Committee hearing in Hartford, almost all of whom proposed ending Connecticut's death penalty. Many of the witnesses noted that the death penalty brings no relief to victims' family members, fails to deter murder, risks innocent lives, and is applied in an arbitrary way.

"I'm here to tell you that I never met an inmate for whom I had no hope," said Mary Morgan Wolff, a former state deputy warden who worked 37 years for the state Department of Corrections.

Laurence Adams, a former death row inmate from Massachusetts, told the committee that he was freed in 2004 by long-forgotten evidence proving his innocence. "I'm here today because Massachusetts abolished the death penalty," he noted as he described his 30 years in prison for a crime he did not commit and the likelihood that he would have been executed long before his recent exoneration if the state had not ended capital punishment.

 

NEW RESOURCES: State Information Now More Readily Available

Posted: January 28, 2005

DPIC has added a new easy-to-use state database of death penalty information to its Web site. In addition, Richard Dieter's (DPIC's Executive Director) testimony before the New York State Assembly Standing Committees on Codes, Judiciary, and Correction regarding the costs of the death penalty is also available. The Committees are holding hearings on whether New York should re-instate the death penalty.

To access information on any state's death row population, the number of exonerations, executions, or clemencies, and to learn facts about the state's history of the death penalty, and more: Click Here. For the testimony on costs: Read the PDF File of Mr. Dieter's testimony

 

NEW VOICES: Federal Judge Calls for More Resources for Texas Death Penalty Trials

Posted: January 28, 2005

Judge Patrick Higginbotham of the U.S. Court of Appeals for the 5th Circuit called on Texas to pay more than 'lip service' to providing individuals facing the death penalty with a truly fair and constitutional trial. He stated that more resources must be placed on training attorneys and judges at the trial level in order to protect against executing the innocent. Higginbotham, writing along with attorney Mark Curriden of Vinson & Elkins, noted that during the past three years, the U.S. Supreme Court has reviewed seven capital cases from Texas and reversed all seven. Moreover, "the Supreme Court and lower courts have overturned 165 Texas death penalty convictions or sentences since capital punishment was reinstated three decades ago."

"The cases include instances in which defense attorneys slept through trial, came to court intoxicated, or did very little work on their clients' behalf. There are cases in which prosecutors withheld evidence or allowed witnesses to fabricate testimony. And there are cases in which judges misinterpreted the law, mishandled jury selection, or issued flawed jury instructions."

They highlighted the training programs of the Center for American and International Law, a nonprofit corporation that promotes continuing legal education. The Center will conduct programs for defense attorneys, judges and prosecutors in 2005.

 

POSSIBLE INNOCENCE: Federal Appeals Court Reverses Capital Conviction of British Foreign National

Posted: January 28, 2005

A federal appeals court has ruled that Ohio must either retry British foreign national Kenny Richey within 90 days or free him from death row. The U.S. Court of Appeals for the 6th Circuit threw out Richey's 1987 conviction and death sentence in the arson death of 2-year-old Cynthia Collins, ruling that prosecutors failed to offer sufficient evidence of Richey's guilt. The court also found that his court-appointed attorney was "outside the wide range of professionally competent assistance" because he failed to challenge the state's evidence. The opinion stated: "The record indicates that a competent arson expert - fully informed and supervised, and using the methods available to him at the time of the trial - would have all but demolished the state's scientific evidence, and with it a large part of the case against Richey.... Based on the state of the law at the time of his actions, the only way that Richey could have been constitutionally convicted of aggravated felony murder would have been upon a showing that Richey intended to kill the person that actually died. Because it is undisputed that there was no evidence to that effect, Richey's conviction necessarily lacked the support of sufficient evidence." (Emphasis added).

 

Former Death Row Inmate Wins $6.6 Million Lawsuit Against FBI Agents

Posted: January 28, 2005

Former Illinois death row inmate Steven Manning (pictured) has been awarded $6.6 million in a civil lawsuit against two FBI agents. A jury found that the agents had framed Manning twice, including once for murder. The jury found FBI agents Robert Buchan and Gary Miller liable of concocting evidence to frame Manning, their one-time informant and a former Chicago police officer, in the murder of a trucking firm executive and in the kidnapping of two Missouri drug dealers.

 

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