News and Developments 2009: Arbitrariness

Five Innocent People Exonerated in Nebraska; Defendants Were Threatened with Death Penalty

Five people in Nebraska were recently pardoned for a 1985 murder after new DNA evidence excluded their participation in the crime.  The group was also known as the “Beatrice Six.”  The sixth man, the only one who had insisted on a jury trial, was exonerated in October 2008 when prosecutors declined to seek a new trial. The State Board of Pardons voted unanimously on January 26 to pardon the five people who had pleaded guilty or no contest in relation to the rape-murder.   Nebraska Attorney General Jon Bruning said, “They are 100 percent innocent,” after DNA tests, not available in the 1980’s, found no evidence that any of the six were present or involved in the slaying, and instead pointed to a now-deceased suspect not prosecuted for the crime.  The defendants who were pardoned had confessed to the crime to escape the threat of the death penalty.  “We were all scared of it.  They were all threatening us with it,” said James Dean, one of the five who was exonerated.  Ada Joann Taylor, another defendant, said, “They told me they wanted to make me the first female on death row."  Their confessions were used to convict the sixth defendant, whose fight for his exoneration led to the DNA testing that freed all six. 

Federal Appeals Court Grants Stay One Day Before Texas Execution Based on Evidence of Innocence

Texas death row inmate Larry Swearingen was unanimously granted a stay one day before his scheduled execution by the U.S. Court of Appeals for the 5th Circuit on January 26.  “We think this is an extraordinary case of actual innocence,” said Swearingen’s attorney James Rytting.  “We’re hopeful that the federal courts will give the evidence a fair review.”  Judge Jacques Wiener, who concurred in the Circuit Court's opinion and stay, underlined the potential importance of the case. He said there was a "real possibility'' that the District Court, when it reviews Swearingen's evidence, could conclude that he is innocent.  Moreover, the judge said, "[T]he Supreme Court of the United States has never expressly recognized actual innocence as a basis for habeas corpus relief in a death penalty case. . . . [but] this might be the very case . . . .”  He added,  "To me, this question is a brooding omnipresence in capital habeas jurisprudence that has been left unanswered for too long.”

Texas Execution Stayed to Allow Time for Visitor Inspired by Inmate's Letters

Texas death row inmate Jose Briseno was issued a stay of execution by a Texas judge so his pen-pal from England could fly to the state to meet him before he was executed by lethal injection. Briseno's attorney, Richard Burr, said the stay "had to do with Jose's extraordinary ability to reach out to people all over the US and the world--as a pen-friend--to offer support and kindness."