What's New

POSSIBLE INNOCENCE: DNA Results Indicate Death Row Inmate May Be Innocent

Lawyers for Clemente Javier Aguirre recently presented the results of DNA testing to a Florida court, casting serious doubt on his guilt.  Aguirre was sentenced to death for the murder of two women in 2006. Although the DNA evidence was available at the time of his trial, Aguirre's trial lawyer never requested testing of the crime-scene evidence. Aguirre's current lawyers said that DNA results from dozens of items did not reveal Aguirre’s blood at the crime scene. Instead, the tests found blood belonging to the daughter of one of the victims, a woman with a history of mental illnessm who may be responsible for the killings. Nina Morrison, a lawyer at the Innocence Project who is assisting with Aguirre’s case said, “It’s the rare case in which you have DNA in multiple places at the scene of a homicide showing the blood of someone other than a convicted person.”

NEW VOICES: Nebraska Senator Changes Course After Hearing from Victims' Families

As Nebraska's legislature began debate on a bill to repeal the death penalty, one senator explained how his views on the issue had evolved. In an op-ed in the Lincoln Journal Star, Sen. Colby Coash said that his participation with a group celebrating an execution led him to oppose the death penalty: "I made a decision during my shame that I would no longer be a part of someone's death." A second influence was his conversations with relatives of murder victims. He quoted one family member, Merriam Thimm-Kelle, who testified to the legislature about her experience, "Death penalty supporters say that carrying out the death penalty is family closure. Closure is a myth. The death penalty does absolutely nothing for families except more pain." On March 19, the Judiciary Committee approved a repeal bill without dissent. A vote in the entire unicameral legislature may take place on May 13. (UPDATE: The repeal bill was stopped by a filibuster on May 14. The vote to end the filibuster was 28-21, but 33 votes were needed.) Read the full op-ed below.

BOOKS: "Women Who Kill Men"--An Historical and Social Analysis

Women Who Kill Men: California Courts, Gender, and the Press examines the role that gender played in the trials of women accused of murder in California between 1870-1958. The authors trace the changing views of the public towards women and how these views may have affected the outcomes of the cases. Some defendants faced the death penalty and were executed; some were spared. Often the public was deeply fascinated with all aspects of the trial and punishment. The book, written by Gordon Morris Bakken and Brenda Farrington, provides in-depth details of 18 murder trials through court records and news coverage. 

EDITORIALS: Colorado Case Raises Doubts About Entire Death Penalty System

Colorado recently set an execution date in August for Nathan Dunlap, who has been convicted of multiple murders. This would be first execution in the state in 16 years. In an editorial, the Aurora Sentinel recommended that the governor spare his life, not because of doubts about his guilt, but because of doubts about other aspects of the process that led to his death sentence: "There is simply too much doubt about the effectiveness of the death penalty. There is too much doubt about whether Dunlap drew the sentence because of his race. There is too much doubt about whether Colorado residents have grown to see how barbaric and expensive it is. There is too much doubt about whether Dunlap’s circumstances, rather than his crimes, brought on a death sentence." The editors concluded an execution would be a step in the wrong direction for Colorado: "To move forward on this case with so much in doubt would only add another tragic crime to those that Dunlap has wrought upon all of us." Read the editorial below.

DEATH ROW: Reporter Describes Conditions on California's Death Row

Nancy Mullane, a reporter for KALW Radio in San Francisco, is one of the few reporters to visit California's death row at San Quentin Prison. In the block she visited, there were 500 inmates, in 4-by-10 foot cells, stacked five tiers high. The cells are about the size of a walk-in closet. Many of the inmates have been on death row for over 20 years. Inmates can shower every other day. One of the inmates she met with, Justin Helzer, had stabbed himself in both eyes. He later committed suicide. California has the largest death row in the country with 727 inmates. No one has been executed in 7 years. Listen to the full segment here.

NEW VOICES: Former Law Enforcement Officials, Judges, Faith Leaders Urge Commutation for Colorado Inmate

On May 6, more than 20 former judges and prosecutors, religious leaders, mental health experts, and many others called on Colorado Governor John Hickenlooper (pictured) to commute Nathan Dunlap's death sentence to life in prison without the possibility of parole. The group's statement cited racial and geographic disparities in the state's application of capital punishment as reasons why Dunlap should not be executed. Among those sending letters supporting clemency were former Colorado Supreme Court Justice Jean Dubofsky, former Arapahoe County Deputy District Attorney Richard Bloch, Denver's Catholic Archbishop Samuel J. Aquila, and Rev. Dr. Jim Ryan of the Colorado Council of Churches, which represents over 850 member congregations. Archbishop Desmond Tutu, winner of the 1984 Nobel Peace Prize, also expressed support for clemency. A letter to the governor signed by former judges stated, “We urge you to grant clemency because the death penalty in Colorado is deeply flawed. These facts depict a system that acts in an arbitrary fashion, based on factors such as race and geography." The group noted that all three of those on Colorado's death row are African American, all from the same county, and all were under age 21 at the time of their crime.

FROM DPIC: 'The Death Penalty by County' Underscores Geographic Disparities

Map
Click to enlarge

The Death Penalty Information Center is pleased to offer a new set of data illustrating the geographic arbitrariness of the death penalty. The new section, The Clustering of the Death Penalty, demonstrates that capital punishment is actually carried out in only a small percentage of U.S. jurisdictions. DPIC analyzed the counties within states that are responsible for the most executions, the most death row inmates, and the most recent death sentences. For example, one map shows that less than 1% of counties in death penalty states accounted for 30% of the executions in the U.S. since 1976. Similarly, less than 1% of the counties were responsible for 27% of current death row inmates and 35% of recent death sentences. For more information on each of these areas and on the geographic arbitrariness of the death penalty, visit this new section.

Execution Approaching While Key DNA Evidence Remains Untested

UPDATE: Execution stayed by Mississippi Supreme Court. Since 1994, Willie Manning, an inmate on Mississippi's death row, has been requesting DNA testing of critical evidence recovered from the crime scene of the murders that led to his conviction. Manning's conviction was based mainly on circumstantial evidence. In April the Mississippi Supreme Court narrowly (5-4) denied the DNA testing being requested.  Earlier, the same Court had overturned Manning’s conviction because his lawyers were not allowed to fully cross-examine the informant in the case, but the Court reconsidered its decision and let the conviction stand. Barry Scheck and Peter Neufeld of the New York-based Innocence Project strongly supported the testing in an op-ed in the Clarion Ledger: "While people can differ on whether the death penalty is an appropriate form of punishment, nearly everyone would agree that it should be used only in those cases where we are certain of guilt. DNA testing could provide that certainty or prove, as Manning insists, that he is innocent." Manning's lawyers have asked Governor Phil Bryant to issue a stay and order the testing. He is scheduled to be executed on May 7.