Once again, Sarah Kelley of the Nashville Scene has authored another superb/eye-opening/troubling article on Tennessee's death penalty. The article, titled "Death Row Lotto" focuses on the randomness at which this failed public policy is applied, read it HERE. Issues of proportionality, prosecutor discretion, inadequate defense, and many more are all explored. Highlights of the article include:

On proportionality:

“Even though a case might technically meet the test for the death penalty, it might not be appropriate. That’s what proportionality review is all about,” says David Raybin, a former prosecutor, who in 1972 took on the task of rewriting the state’s capital punishment laws. “It’s an extra safeguard so you don’t have an aberrant or freakish imposition of the death penalty. That’s what it’s designed to do. How it’s being applied in practice is a different story.”

On prosecutor discretion:

“To me, the prosecutor is the most powerful person in the state in the sense that there’s no review of his decision to seek the death penalty,” says Bill Reddick, director of the Tennessee Justice Project. For the past two decades, the longtime criminal defense lawyer has handled death penalty cases almost exclusively . And from his experience, Reddick says it’s clear that although the law requires capital punishment to be reserved for the worst offenders, instead it’s often handed out randomly in Tennessee. “There’s a big difference in the way prosecutors exercise discretion in the decision to seek death…. The type of justice being applied varies in different parts of the state.”

On inadequate defense:

"Due to an unqualified defense lawyer at trial, it would be several years before details emerged about Harbison’s horrific childhood, during which his mother beat him with belts and extension cords, his sister shot at him, his father attacked him with a power drill, and his older brother set him on fire. Also unknown to the jury was the fact that an expert had previously determined Harbison was borderline mentally retarded and psychologically impaired as a result of a lifetime of abuse, making him an easy target for a streetwise criminal like David Schreane to manipulate. But perhaps the most shocking post-trial revelation was that police failed to turn over crucial documents naming a third suspect who never was charged in connection with the murder, and instead was extradited to Florida on unrelated charges. Despite repeated requests for all files related to the investigation, this key evidence was withheld from Harbison’s defense until 14 years after he was sentenced to die."

Labels: death penalty, Nashville Scene, Sarah Kelley, Tennessee

Earlier today, Judge Harry Mattice held a hearing on the case of Paul House. What made this hearing unique was that Paul House was asked to be present at the hearing himself. Judge Mattice wanted to view his condition and hear from Paul's physician at Riverbend. The reason being that Paul's attorneys are asking for his release pending the retrial. This would allow Paul to remain at home as the case makes it way back to the 6th circuit and presumably back to the state of Tennessee. The Knoxville News Sentinel covered the hearing and the article can be read HERE.

Highlights from the article include:

Today he (Judge Mattice) told Associate Deputy Attorney General Jennifer Smith it’s time to decide the issue.

“Let me say this, Miss Smith, do what you got to do but let’s do it quickly,” Mattice said. “I think it’s time to go ahead and decide, let’s retry Mr. House or do what we’re gonna do.”

He also questioned the state’s contention that House is a flight risk.

“The fact that Mr. House is ill does not eliminate the risk that we would lose this individual and be unable to retry him,” Smith said.

“How would that happen, by the way?” Mattice responded, looking at House sitting in his wheelchair.

Labels: innocence, Paul House, Tennessee

Labels: death penalty, Hector Black, murder, victims

The New England Journal of Medicine had an editorial recently on the role of physicians in executions spurred by the US Supreme Court case, Baze v. Rees. READ IT HERE. Baze v. Rees has called into question the current lethal injection protocol. The editorial explains the risk of the current lethal injection protocols in a clear and concise manner. The editorial takes the position that "physicians and other health care providers should not be involved in capital punishment. A profession dedicated to healing the sick has no place in the process of execution."

I commend the journal for taking a stance in an issue that oftentimes is easier to ignore. Folks often forget that the death penalty doesn't only impact the executed, family of the murder victim, and family of the executed, it also impacts those involved with the process. Doctors felt a need to speak up and they have in one of the most popular and widely read journals out there. Below are two very important paragraphs from the editorial.

"We are concerned that, regardless of its decision in Baze v. Rees, the Court may include language in its opinion that will turn again to the medical profession to legitimize a form of lethal injection that, meeting an appropriate constitutional standard, will not be considered "cruel and unusual punishment." On the surface, lethal injection is a deceptively simple procedure, but its practical application has been fraught with numerous technical difficulties. Without the involvement of physicians and other medical professionals with special training in the use of anesthetic drugs and related agents, it is unlikely that lethal injection will ever meet a constitutional standard of decency. But do we as a society want the nation's physicians to do this? We believe not."

"Physicians and other health care providers should not be involved in capital punishment, even in an advisory capacity. A profession dedicated to healing the sick has no place in the process of execution. On January 7 in oral arguments in Baze v. Rees, the justices asked many important and thoughtful questions about a potential role for physicians and other health care professionals in executions. In their fuller examination of Baze v. Rees, the justices should not presume that the medical profession will be available to assist in the taking of human lives. We believe that, like the anesthesiologists in the Morales case, all responsible members of the medical profession, when asked to assist in a state-ordered execution, will remember the Hippocratic Oath and refuse to participate. The future of capital punishment in the United States will be up to the justices, but the involvement of physicians in executions will be up to the medical profession."

Labels: doctors, journal, lethal injection, physicians

Last night at the University of the South in Sewanee, TN, a large group of students, professors, and other folks gathered to watch the documentary "Race to Execution." Rachel Lyon's film is a powerful documentary that "explores the deep and disturbing link between race and the death penalty in America." It focuses on two specific cases, Madison Hobley of Chicago and Robert Tarver of Russell County, Alabama and "interweaves their compelling personal stories together with groundbreaking scholarship." Tarver received the death penalty due to an Alabama statute which allowed the presiding judge to overrule the jury's decision for life in prison without parole.

There are many out there that would like to believe that race has nothing to do with the death penalty. I'm sorry, but those people need to remove themselves from LaLa land and enter the city limits of Realityville. Race is an issue not solely with the death penalty, but an underlying issue with our justice system as a whole.

Consider the following facts:
-Since 1977, the overwhelming majority of death row defendants (80%) have been executed for killing white victims, although whites make up 50% percent of homicide victims.
-98% of District Attorneys nationwide are white. These are the people who decide whether or not to seek the death penalty by their power of discretion.
-In Tennessee, 25% of African-Americans sentenced to death were condemned by all-white juries.
-African Americans make up 40% of Tennessee's death row population but only 17% of its total population.
-The US Supreme Court has even admitted that racial discrimination in the death penalty system is a
-You are 3 times more likely to receive the death penalty if the victim is white

DISCLAIMER: I am not proclaiming that the folks involved in the process, e.g., lawyers, DAs, judges, juries, are racist. Again, I am not stating/insinuating that these folks are racist. However, these facts show disturbing correlations that there is more value (value as in a death sentence) placed on a victim that is white. Furthermore, one is at a much higher risk if they are black and the victim is white. Facts are facts.

Those present at the documentary showing in Sewanee were affected, some were moved to tears. After the film, I took part in a three person panel discussion including a Constitutional law Professor and Leslie Lytle, Board Member of TCASK and Executive Director of the Cumberland Center for Justice and Peace. We fielded some excellent questions from bright students. The event was a major success. TCASK Student Board Member Jelena Milojevic did an outstanding job putting together this successful event.

I have come across a powerful and somewhat controversial statement that some black Civil Rights leaders are contending. Some have said that "prisons are the new plantations." I won't put forth how I feel about that statement. However, I will continue to vehemently contend that in regards to the death penalty, race matters; the race of the perpetrator and the race of the victim have a massive play in the initial trial; but more importantly, the utilization of a sentence of death.

The Nebraska Supreme Court this morning issued a strongly worded ruling striking down the use of that state’s electric chair. Because Nebraska has no back-up means of execution, this means Nebraska has no effective death penalty statute. This court ruling comes the day after a bill abolishing the death penalty cleared Judiciary Committee on a strong 6-1 vote.

Congratulations to Nebraskans Against the Death Penalty, to the Nebraska ACLU and to all involved in this tremendous victory. Below you will find a link to the ruling and a press release from Nebraska ACLU. We will keep you further informed as events warrant.

Read the court decision here.