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Diverse Range of Voices Call for Sparing Jeff Wood, Who Never Killed Anyone, from Execution in Texas

As his August 24 execution date approaches, Jeffrey Wood's case has garnered mounting attention from groups and individuals calling on the Texas Board of Pardons and Paroles and Gov. Greg Abbott to commute Wood's sentence. These diverse voices include a conservative Texas state representative, a group of evangelical leaders, and the editorial boards of the New York Times, the Washington Post, and several Texas newspapers, among others. Wood (pictured) was convicted under Texas' "law of parties," but he neither killed nor intended for anyone to be killed and, his supporters say, was not even aware the robbery in which a codefendant killed a store clerk was going to occur. His trial also featured misleading testimony from Dr. James Grigson, who had been expelled from psychiatric associations because of his unethical testimony regarding the potential future dangerousness of capital defendants. Republican state representative Jeff Leach, a long-time death penalty supporter, said "Jeffery Lee Wood’s case has caught my attention unlike any death row inmate in my time in office has. ...I simply do not believe that Mr. Wood is deserving of the death sentence. I can’t sit quietly by and not say anything." Leach has spoken with Gov. Abbott's office and the parole board about the case and is urging other legislators to contact the board in support of commutation before the board votes on Wood's clemency petition on Monday. Gov. Abbott also received a petition from a group of evangelical Christian leaders, who said "Our faith compels us to speak out in this case, where a looming execution date threatens the life of an individual with significant mental impairments who never should have been sentenced to death." The 49 religious leaders also noted the disproportionality of Wood's sentence: "As the getaway driver, Wood committed a crime, but not one deserving the death penalty." A New York Times editorial also urged clemency for Wood and sharply critiqued the law of parties. "The Law of Parties stands as a grotesque demonstration of how utterly arbitrary capital punishment is," it said. "The only true course for justice in Texas is for the law to be scrapped and Mr. Wood’s life to be spared." Wood's supporters say they will deliver a petition to Gov. Abbott and the parole board Friday with thousands of signatures seeking commutation of Wood's sentence. Texas last commuted a death sentence in 2007 in the case of Kenneth Foster, a getaway driver who, like Wood, had been convicted under the law of parties. [UPDATE: On August 19, the Texas Court of Criminal Appeals granted a stay of execution to permit Wood to litigate his claims that the prosecution had presented false scientific evidence and that the use of false testimony from Dr. Grigson violated due process.]


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Board Denies Clemency for Death Row Inmate Whose Co-Defendant Received Life Sentence

The Georgia Board of Pardons and Paroles announced on March 31 that it had denied clemency to Joshua Bishop. Bishop had asked that his death sentence be reduced to life without parole because his co-defendant, who was nearly twice Bishop's age at the time of the crime, and had a history of violent crime while Bishop did not, was given a plea deal resulting in a life sentence. Bishop is scheduled to be executed in Georgia on March 31. Seven of the twelve jurors who voted to sentence Bishop to death now support a sentence reduction for a variety of reasons. Juror Jeremy Foston said he initially, "was leaning toward a life sentence because Mr. Bishop had a terrible childhood and was just a young man." Others said they were confused by instructions that the jury had to be unanimous. Juror Jim Ray wrote, "[w]e really struggled with our decision. We eventually changed our vote to a death sentence partly because we were told we had to be unanimous and those [two jurors] who wanted the death penalty were very firm in their conviction and let us know they would not change their minds." The belief that Bishop's co-defendant, Mark Braxley, would also face the possibility of a death sentence influenced some jurors' decisions. They say they would have sentenced Bishop to life without parole if they knew Braxley had received a plea deal for a life sentence. Juror Jeremy Foston wrote, "We wanted to make sure Mr. Braxley would get the same punishment as Mr. Bishop. We even sent a note out asking if we could know what would happen to him. The prosecutor told us not to worry about Mr. Braxley, and that he would have his day in court. We assumed that meant he would have the same treatment as Mr. Bishop."


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Georgia Naval Veteran Files for Clemency as More Culpable Superior Officer Will Become Eligible for Parole

Naval veteran Travis Hittson (pictured), scheduled to be executed by Georgia on February 17, has filed an application for clemency with the State Board of Pardons and Paroles. Hittson assisted his superior officer, Edward Vollmer, to kill and dismember a fellow sailor, Conway Utterbeck in 1992. Despite evidence that Vollmer was the more culpable of the two, prosecutors permitted him to plead guilty and receive a life sentence from which he could be paroled, while Hittson was sentenced to death. The clemency application, filed by lawyers from the Veterans Defense Program and the Georgia Resource Center, alleges that Hittson's death sentence is disproportionate to the punishment Vollmer received, given the significant difference in their culpability. The application says: "Mr. Hittson committed an appalling act; an act which took the life of Conway Utterbeck and harmed his family in profound and irreparable ways. Those who know Mr. Hittson, however – even law enforcement personnel who knew him only long enough to hear him confess and assist in the investigation of this crime – are united in their conviction that he is remorseful and would never have committed this terrible crime absent the deliberate manipulation of his codefendant and naval superior, Edward Vollmer." Vollmer convinced Hittson to help him kill Utterbeck by telling him that Utterbeck was plotting to kill them. "Mr. Hittson’s lower rank, gullibility, alcoholism and desperation for approval made him peculiarly vulnerable to Edward Vollmer who, by all accounts, exercised an unnatural dominance and control over Mr. Hittson," the clemency filing explains. Hittson's application for clemency is supported by other sailors who served with both Hittson and Vollmer, several jurors in the case, and an unnamed state prosecutor. The execution would be the second in Georgia in 2016. Andrew Brannan, the first person executed in Georgia last year, was also a veteran. Brannan suffered from chronic Postraumatic Stress Disorder and other severe mental illness related to his military service in Vietnam and was considered 100% disabled by the Veterans Administration. 


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