News and Developments 2012: Life Without Parole

MULTIMEDIA: Interview with Michael Selsor-Served Longest Time Between Conviction and Execution

Al Jazeera recently released a video of an interview with former Oklahoma death-row inmate Michael Selsor (pictured). Selsor was the most recent person executed in the U.S. and probably the inmate who served the longest time between conviction and execution of anyone in U.S. history.  He was first sentenced to death in 1976 for murder and was imprisoned over 36 years prior to his execution on May 1, 2012.  Although his sentence was reduced to life when Oklahoma's death penalty was overturned in 1976, he was re-sentenced to death for the same crime in 1998.  The interview was conducted in 2010 and was the only interview Selsor granted. When asked about the difference between the death penalty and life without parole, Selsor said, “The only difference between death and life without parole is one you kill me now, the other one you kill me later. There's not even a shred of hope. There's no need to even try to muster up a seed of hope because you're just gonna die of old age in here....With the death penalty sentence I'm entitled to more appeals - the government's gonna pay for it. I don't have to do it myself if I don't have the money for a lawyer which I don't have. Instead I'm relying on public defenders to do my appeals."  Selsor was also asked about how he was handling his inevitable execution: “I'm not gonna beg 'em to spare my life. I'll try to keep my head up with a little bit of dignity, and I'm gonna be buried out on Periwood Hill.”   See the video of the interview.

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. 

CLEMENCY: Georgia Board Commutes Death Sentence of 'Model Prisoner'

On April 20, the Georgia Board of Pardons and Paroles reduced the death sentence of Daniel Greene (pictured) to life in prison without the possibility of parole. The Board had stayed Greene's execution, which was set for April 19, in order to further consider his clemency petition. Greene's petition included letters from several members of the Taylor County community, where the murder occurred, urging the Board to spare Greene's life. Among the letters was one from a former correctional officer, Randy Foster, who called Greene "as fine a man as I have ever met in my life," and said, "He is not like anyone else on death row. Daniel Greene is the type of person you want for an inmate. He has never given me (or anyone else as far as I know) even the hint of a problem." In his own letter to the Board, Greene apologized for the pain he caused the victim's family and said, "I was on drugs at the time, but I took the drugs with my hands, and I take the responsibility. That choice to do drugs and what I did after were the worst mistakes of my life. I do not blame the drugs. I blame myself for everything." This was the second clemency granted nationally in 2012 and the eighth granted in Georgia since 1976.

NEW VOICES: Creators of California's Death Penalty Law Now Call for Life Without Parole

Donald Heller (pictured), who wrote California's death penalty law, and Ron Briggs, who led the campaign to reinstate the law in 1978, are now advocating for replacing the death penalty with a sentence of life without parole. Both now say that the law did not have the result they intended. “At the time, we were of the impression that it would do swift justice, that it would get the criminals and murderers through the system quickly and apply them the death penalty,” Briggs said. But the costs of the death penalty system has led him to reconsider his stance: "I tell my Republican friends, ‘Close your eyes for a moment. If there was a state program that was costing $185 million a year and only gave the money to lawyers and criminals, what would you do with it?’" Donald Heller, a former prosecutor, called California's death penalty system a "colossal failure," also mentioning its high costs, “The cost of our system of capital punishment is so enormous that any benefit that could be obtained from it — and now I think there’s very little or zero benefit — is so dollar-wasteful that it serves no effective purpose." Both men are supporting a November ballot initiative that would replace death sentences with life without parole and use the money saved to solve cold cases. California has not carried out an execution in six years, and has about 720 inmates on death row.

Connecticut Senate Poised to Vote on Death Penalty Repeal

The Connecticut Senate is expected to vote as early as Wednesday (April 4) on a bill to replace the death penalty with a sentence of life without parole. The bill, which would only affect future sentencing, passed the Judiciary Committee on March 21 and needs at least 18 votes to pass in the Senate. If it passes the Senate, it is considered likely to pass the House, and Governor Dannel Malloy has pledged to sign the bill into law. A similar bill passed the General Assembly in 2009, but was vetoed by then-Governor Jodi Rell. Murder victims’ families and friends are among the strongest supporters of the repeal. A letter signed by 179 Connecticut murder victims’ families stated, “Our direct experiences with the criminal justice system and struggling with grief have led us all to the same conclusion: Connecticut’s death penalty fails victims’ families.... In Connecticut, the death penalty is a false promise that goes unfulfilled, leaving victims’ families frustrated and angry after years of fighting the legal system. And as the state hangs onto this broken system, it wastes millions of dollars that could go toward much needed victims’ services.” If Connecticut repeals the death penalty, it will become the 5th state to do so in the past 5 years. Illinois, New Mexico, New Jersey, and New York have all abandoned the death penalty in recent years. Other states are also considering repeal of the death penalty, including California, where 800,000 signatures have been gathered to place the issue on the ballot in November.

Case Testing Maryland's New Death Penalty Law Ends with Life Sentence

A case testing new death penalty statutes in Maryland has recently concluded. The new statutes limited when the death penalty could be sought to cases of first degree murder in which there is DNA or other biological evidence linking the defendant to a murder, a video-taped confession by the defendant, or a video linking the defendant to the murder. Lee Edward Stephens, who was convicted of the fatal stabbing of Cpl. David McGuinn, was spared the death penalty, and sentenced to life without the possibility of parole. McGuinn's blood was found on Stephens' clothes, meeting the biological evidence criteria necessary to seek the death penalty. The jurors, who deliberated for six days, cited Stephens’ impoverished upbringing, unaddressed learning disability and low IQ, and sexual abuse he endured as a child as reasons for sparing his life. Assistant State's Attorney Sandra Howell said that the sentence was “a major step forward toward justice for Cpl. David McGuinn.” Janice McGuinn, the victim’s mother, is also satisfied with the verdict, saying that her son was “a firm believer in the justice system and would be satisfied with the outcome.”