Gary Cone

The US Supreme Court heard oral arguments in the case of Cone v. Bell. Gary Cone, the defendant, is currently on Tennessee's death row for the 1980 murder of an elderly Memphis couple. There is no doubt of Cone's guilt. However, Cone's defense has uncovered serious allegations of prosecutorial misconduct, including the withholding of critical evidence for Cone's defense.

"You're saying that the lawyer, the trained lawyer for the government, who knew this information and knew the defense -- just what? Just overlooked it by accident? Just what?" Breyer demanded.

The evidence in question was whether or not Cone was a drug user. Cone's initial defense and mitigation in the sentencing phase was predicated on his drug abuse. The prosecution argued that he was not a drug user despite holding evidence, including statements from law enforcement and the FBI that validated his drug abuse. "Cone's attorney, Thomas C. Goldstein, told the justices that the evidence was key to his client's insanity defense or could at least be presented as a mitigating circumstance that would keep him from being put to death."

Personally, I am not at all surprised by the arguments that made justices "exasperated." Time and time again we learn of significant prosecutorial misconduct in the course of seeking death sentences. Cone's case came out of Shelby County which accounts for a disproportional 40% of our death row. Even more troubling to me is that appeals courts, which serve as an "audit" of previous rulings, did not weed this out. "When Cone tried to present the evidence in a new round of appeals, Tennessee courts mistakenly said it had been considered and rejected."

Read more coverage of this case from the Washington Post and NPR.

Gaile Owens

"The first woman ever to be sentenced to death in Tennessee is a step closer to execution Tuesday after the Sixth Circuit Court of Appeals denied her habeas petition in a 2-1 decision. Nashville-based Judge Gil Merritt filed the dissenting opinion."

"Owens argued for relief before the Sixth Circuit on grounds that she received ineffective assistance of counsel when trial counsel failed to adequately investigate her background and failed to overcome the state’s hearsay objection to one of her penalty-phase witnesses; the state violated Brady v. Maryland by failing to turn over letters between her deceased husband and his paramour; and the trial court unconstitutionally prevented her from offering, as mitigating evidence, testimony that she wanted to plead guilty in return for receiving a life sentence."

The Nashville Scene blog, Pith in the Wind, also laid out the three key issues. "She received jaw-droppingly ineffective assistance of counsel, the state withheld crucial exculpatory evidence, and the trial court unconstitutionally prevented her from offering testimony that she wanted to plead guilty in exchange for a life sentence."

"Stacy Rector, executive director of the anti-death penalty Tennessee Coalition to Abolish State Killings (TCASK), told The City Paper in response to the ruling that she was not happy with the decision.

“I am very disappointed by the 6th Circuit court’s decision in the case of Gaile Owens," Rector said adding "the death penalty in this case is grossly disproportionate considering that Ms. Owens was willing to plead guilty and spend the rest of her life in prison for this crime; but, because her co-defendant wouldn’t plead, the case went to trial. Her attorneys spent only two hours of pretrial investigation and no hours — literally zero hours — preparing for her sentencing hearing.”

"Rector also pointed to a Monday recommendation from the Tennessee Committee to Study the Administration of the Death Penalty that the Tennessee General Assembly create an independent commission to oversee capital defense in Tennessee based on the “woefully inadequate defense many capital defendants receive at trial.”

“The case of Gaile Owens is but one more example of this problem,” Rector said."

Read the rest of this City Paper article by CLICKING HERE. Read the rest of the Nashville Scene blog by CLICKING HERE.

EJ Harbison

Governors nationwide that are for and against the death penalty are backing Tennessee death row inmate, EJ Harbison. Harbison's case is currently before the US Supreme Court. "Ohio Gov. Ted Strickland is a Democrat who supports the death penalty. Former Gov. Richard Celeste is a Democrat who opposed it. Both have asked the U.S. Supreme Court to rule in favor of a death row inmate from Tennessee seeking a federally funded lawyer to help with his clemency request.

"The issue before the court is relatively narrow: Does an existing federal law that authorizes funding for death row inmates' lawyers also cover state clemency hearings?"

"The Tennessee public defender's office said it didn't have the resources to represent Harbison in a clemency request. So he asked for a federally appointed lawyer. Federal and district appeals court judges said the law doesn't authorize such funding."

Read the rest of this article by CLICKING HERE.

Labels: death penalty, Supreme Court

On Thursday, April 24, I picked up Curtis McCarty from the Knoxville airport. We locked eyes as he passed through the security checkpoint and he flashed me a peace sign. As we shook hands, I tensed up--Curtis McCarty spent nearly 19 years on Oklahoma's death row for a crime he didn't commit. Would we talk about anything other than death row? Would we talk about death row at all? Would we have anything in common? As we walked to the car, Curtis and I spoke of our mutual fondness for the Stone Temple Pilots and Rage Against the Machine and our disdain for text messaging and pop music.

I told Curtis that we'd have some time to relax before our speaking engagement at the University of Tennessee Knoxville Law School. He grinned. "If there's anything I know how to do, it's killing time." The weather was pleasant so I gave Curtis a walking tour of the UT Campus. Students were out and about playing frisbee, volleyball, and baseball. I only graduated from college eleven months ago, so this was a familiar sight. Curtis's educational experience was different. He completed junior high, but dropped out of high school. While on death row, Curtis kept up with his studies in science and technology and educated himself on the laws dictating his life. When he speaks, its quickly apparent that he's deeply intelligent. His words are chosen carefully. It's almost as if he speaks with the belief that every sentence could be his last.

Before Curtis was to speak at the law school, I told him that there would be attorneys, law professors, and students in the audience. This was an important event for TCASK; we're always looking to build relationships with schools. The room filled to almost 70 people. It was a Thursday evening in the midst of final exams.

Curtis began by immediately taking responsibility for ending up on death row. He shamefully recounted the juvenile history of drugs and crime which led him to associate with the murdered individual. To Curtis, his poor choices prior to his incarceration played a large role in his ending up in prison.

Yet, the state of Oklahoma is ultimately responsible for sending an innocent man to death row. The case of Curtis McCarty is riddled with problems that suggest he was wrongfully convicted in the murder of Pam Willis: suppressed evidence, destroyed evidence, and perjured testimony. Curtis spoke about his case with the knowledge and eloquence of a law professor. The students were impressed; some said Curtis knew more about death penalty law than they did, and were eager to bring him back for the UT Law Review Death Penalty Symposium next year.

The next day I took Curtis to speak at two assemblies at Knoxville Catholic High School. Again, this was an important event for us: Creating a strong base of Catholic support in Eastern Tennessee has always been a priority for TCASK. This time, Curtis spoke in a manner that suited the ages of his audience. Rather than sifting through the legal problems pervading his case, he focused on the personal story of his life.

"The only two people on this entire Earth who would testify on behalf of the worthiness of my life were my two parents. I have never been more ashamed in my entire life after I saw my mom tearfully pleading for the jury to spare me. I was still sentenced to death."

He shared photos taken at five year intervals when he was on death row. "It's tough to look at these photos because all I see are missed birthdays, graduations, soccer games, and weddings." The Principal told me afterwards that he saw specific students that he knew to be drug users hanging onto Curtis's every word. He said that we need to bring back Curtis every year.

The death penalty system is broken. 128 individuals have been released from death rows nationwide when evidence of their innocence emerged. Curtis knows this better than anyone, but he also knows that a life of crime made it easier for the state to convict him. It is a rare sight to witness someone so gracefully admit his shortcomings. A high school student asked Curtis, "When you got out of prison, were you angry?"

He replied, "I was angry, in fact I was very angry. I soon realized though that bitterness is unproductive. I wanted to be productive, and I wanted to seek justice. In order to do this, I had to stop being angry and instead tell my story." The story of Curtis McCarty is a story that needs to be told, over and over and over again.

Labels: Curtis McCarty, death penalty, innocence, Knoxville, Oklahoma

On initial viewing the ruling in Baze v. Rees is simple--7 Justices upholding Kentucky's lethal injection protocols and 2 Justices dissenting that ruling. Underneath that count is a splintered court that produced a separate concurring opinion by Justice John Paul Stevens.

An article focused on the ruling can be read HERE.
An article focused on Justice Stevens' opinion can be read HERE.

In the majority controlling opinion Chief Justice John Roberts made the following statements. “A slightly or marginally safer alternative” would not suffice, the chief justice said. He added: “Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of ‘objectively intolerable risk of harm’ that qualifies as cruel and unusual” under the Eighth Amendment."

It is important to clarify that Baze v. Rees was a case about the method of lethal injection and whether those methods violated the 8th amendment--not lethal injection itself. "The challenge was to the details of the injection’s administration: the chemicals used, the training of the personnel, the adequacy of medical supervision, and the consequences and risk of error." The justices were asked to rule if the risk imposed by the current lethal injection protocol in the state of Kentucky was in violation of the 8th amendment's ban on cruel and unusual punishment.

"In an opinion concurring with the majority’s judgment, Justice Stevens said he felt bound to “respect precedents that remain a part of our law.” But outside the confines of the Kentucky case, he said, the time had come to reconsider “the justification for the death penalty itself.”"

"He wrote that court decisions and actions taken by states to justify the death penalty were “the product of habit and inattention rather than an acceptable deliberative process” to weigh the costs and risks of the penalty against its benefits."

What troubles Justice Stevens is that states are justifying their death penalties as a result of its flaws rather than its successes. If states wanted to improve upon their death penalties they would be facing challenges based on what they can do better, not on what they are already doing, and continue to do wrong.

Labels: death penalty, Justice Stevens, lethal injection, Supreme Court

Yesterday the Senate Judiciary Committee passed an amended version of the death penalty study extension bill, extending the life of the Committee to Study the Administration of the Death Penalty for two months through the end of 2008. The original extension bill would have extended the Committee’s life for a full year until October 2009.

Senator Mark Norris of Memphis proposed the bill's amendment. Ultimately the amended bill passed with “yes” votes from Senators Doug Jackson, Jim Kyle, Beverly Marrero, John Wilder, Diane Black and Mark Norris. Senators Jamie Woodson, Mae Beavers, and Paul Stanley passed on the vote.

The District Attorneys’ Conference has been resisting any extension of this Study Committee as its leadership claimed that the Committee was stacked with abolitionists. Unfounded and unfair accusations have been made by the DA’s Conference's Executive Director, Wally Kirby, in media outlets throughout the state concerning the work and membership of this Committee. In fact, within the Judiciary meeting yesterday, Senator Kyle raised the possibility of disbanding the Committee and reappointing a whole different committee. However, Senator Jackson quickly stated that the current Committee is a fair minded and talented group of people who should be allowed to finish the work that they started. Thankfully, the majority of the Judiciary agreed.

The bill must now pass the full House and Senate, and we are hopeful that it will.

Labels: death penalty, study, Tennessee

Media coverage of the pending release of Paul House continues to flow in. Click HERE to watch an interview with Joyce House, Paul's mother. You may have to look below amongst the other video options to find the interview with Joyce.

Also, Sarah Kelley of the Nashville Scene has written an article on Paul House. It can be READ HERE.

Labels: death penalty, innocence, Paul House, Tennessee

On April 2nd, TCASK members from across the state convened in Nashville at the state capitol to voice their opinions on the death penalty to Tennessee legislators. Last year’s Justice Day on the Hill was critical in the passage of Senate Bill 1911—a bill to create the Committee to Study the Administration of the Death Penalty. The Committee began meeting in October 2007 and has been producing fantastic results, uncovering myriad problems within Tennessee’s death penalty system. A primary focus of Justice Day this year was thanking legislators for the creation of the Study Committee as well as those legislators who signed onto Rep. Mike Turner's letter asking the Governor to pardon Paul House. Another aspect of Justice Day involved asking legislators to consider extending the study for an additional year in order that it be thorough and complete.

Justice Day on the Hill epitomizes what TCASK is about—ordinary citizens doing extraordinary things. How many folks out there can claim to have met directly with their elected officials to voice their opinion on the death penalty and advocate for change? Not many. Sometimes it seems that our society's obsession with being entertained has led to a great deal of apathy. I recently read a NY Times article prompted by the death of the 4,000th U.S. serviceperson in Iraq. The content of the article was mostly made up of emails and blogs written by U.S. soldiers. One soldier, Ryan Wood, wrote a telling commentary concerning U.S. society and its infatuation with celebrity such as Britney Spears. “This little piece of truly, heart-breaking news captured headlines and apparently American imaginations as FOX news did a two hour, truly enlightening piece of breaking news history. American viewers watched intently, and impatiently as the pretty colors flashed and the media exposed the inner workings of Brittany’s obviously, deep character. I was amazed, truly dumbfounded wondering how we as Americans have sank so low.”

Tennessee’s broken death penalty might seem less important when you place it up there with issues like the war in Iraq or Darfur, but it is important to me. It’s also important to folks like Leslie who made the 2 hour trek from Tracy City to Nashville. It’s important to Amy who made the 3 hour trek from Memphis to join her mother Doris for Justice Day. It is important to students like Kathryn, Mary, Michelle, Anna, and Whitney who woke up at 4:30 a.m. to drive to Nashville for Justice Day on the Hill from East Tennessee. Try asking these folks what they think about apathy as they huddle up outside of a legislator’s office to plan out their meeting. They would acknowledge it exists, but they witness to the power of engagement. They witness to democracy, to grassroots, and to change.

My first meeting of the day was with Rep. Chris Crider. I brought Doris and Amy (future Board Chair of TCASK) along with me. Amy seemed nervous. I ended up leading most of the meeting which was successful. Afterwards, we debriefed, and I focused on how easy it is because legislators want to hear from you. Amy still appeared uneasy, especially after I told her that we had planned on her leading some meetings later on in the day. After lunch I ran into Amy for the first time since our first meeting. Immediately I could tell there was something different about her as she shared about her experience of leading a very powerful meeting with Senator Beverly Marrero. As an organizer you dream of moments like this when folks feel empowered to make their voices heard. You put in long hours coordinating the event—setting up meetings, creating materials, doing outreach. All of that time is worth it when you see someone realize their own power.

TCASK schedules Justice Day on the Hill far in advance so we were thrilled to learn that the House Judiciary Sub Committee of Criminal Practice and Procedures would be voting to extend the life of the study committee on April 2nd. This gave the day an additional level of excitement and importance. In the end, the bill to extend the life of the study committee made it out of sub-committee. It still has a LONG way to go. But I am confident that it will pass as long as citizens continue to advocate for change and realize their own power.

“Power concedes nothing without a demand, it never did and it never will”
-Frederick Douglass

Labels: death penalty, legislature, Tennessee

Happy St. Patrick's Day! If you're not wearing green, I hope you get pinched.

My favorite holiday, International Death Penalty Abolition Day, has passed. This year's commemoration of the day that Michigan abolished the death penalty in 1847 on March 1st was a special one. 2008 was the 6th year that TCASK volunteers from across the state wrote letters to their elected officials in organized write-a-thons. Write-a-thons happened in Memphis, Nashville (3 of them), Sewanee, and Knoxville. After the last count, there have been over 250 letters sent to members of the Tennessee legislature. 250 is the largest amount ever sent by a coordinated effort in Tennessee. So, if you participated in the 2008 International Death Penalty Abolition Day Write-a-Thon in Tennessee, you were part of record setting effort. Kudos!

However, if you were not able to make it to one of the write-a-thon locations, do not fret. Salvation can be found by CLICKING HERE. This link will take you to our letter-writing page that has sample letters that you can download to write your legislators. If the letters are not downloading correctly, check back later, or email me at isaac@tcask.org. Letter writing is one of the most influential ways to communicate with politicians. When they receive a hand-written letter, they take it seriously. Continue to write letters--don't limit this important activity to once a year--make your voice heard!

Labels: death penalty, legislature, letters, Tennessee

Labels: cost, death penalty, Maryland, study

There is a murder case in Knoxville that is attracting a lot of news coverage. The case involves the murder of Channon Christian and Christopher Newsom aged 21 and 23 respectively. The state is seeking the death penalty for the four individuals that are being charged for the murder. On Monday, March 3rd, WVLT (Volunteer TV) ran a story about Tennessee's death penalty in conjunction with the Christian-Newsom murder. You can view the video by clicking HERE.

Highlights of the video include District Attorney General Al Schmutzer stating the following: "if we cannot actually carry out what we say we are going to do in a reasonable amount of time, then we really need to get rid of it because I think it's doing more harm than good." You may remember that General Schmutzer is on the committee to study the administration of the death penalty in Tennessee.

I think that Schmutzer's argument is a valid one. If the intent of the death penalty is to enact the punishment worthy of that sentence, then the state of Tennessee is failing. The average death sentence in Tennessee is over 22 years. The death penalty is promised to families after the murder of their loved ones. Those who find solace in the knowledge that the perpetrator will be executed have to wait two decades while reliving the story over and over again as the inmate seeks his/her appeals. Only 3% of homicides result in a death sentence. The state of Tennessee has only executed 4 inmates since the reinstatement of the death penalty in 1976. Why is the state spending millions on a public policy that has been realized 4 times in over 30 years?

Fortunately, questions such as that are being answered in the reform oriented study committee. Those who would have you believe that the study committee has an abolitionist purpose or is holding up executions in the state of Tennessee are flat out wrong. The committee is made up of a cross-section of the law and is chaired by a pro-death penalty state senator (Sen. Doug Jackson). Executions are not occurring because the US Supreme Court is undergoing a case questioning the constitutionality of the current lethal injection protocols.

I want to thank General Schmutzer for stating what he believes. A public policy that makes promises it does not keep should not be in existence. And, a public policy that is arbitrary, capricious, and costly should not be in existence.

Labels: abolition, death penalty, Knoxville, reform

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

Labels: death penalty, Hector Black, murder, victims

On Wednesday, Jan 30, Rev. Stacy Rector and I were planning on speaking together at Northside Presbyterian Church in Cleveland, TN. Stacy would be handling the majority of the talk including the Biblical reflection of why the death penalty was wrong. I would be working a shorter segment, talking about TCASK and how folks could get involved. I strode into office yesterday morning excited about traveling to a new city, making new friends, and napping as Stacy drove (she likes to drive) to Cleveland and back. This excitement quickly turned into nervous anticipation as Stacy informed me that she would not be traveling to Cleveland and that I would be doing the talk alone.

When I talk to people about what I do for TCASK, often time people inquire about my involvement with the Church or if I am part of the Jesuit Volunteer Corps program. I do have involvement with a Church, but that wasn't the reason I was brought onto TCASK. I have been working now for TCASK for over 7 months and while I have done many talks in a variety of settings, I have never led a Biblical talk/discussion solo. So as you may guess, I was definitely nervous. Stacy assured me that we would have time to prepare and that if I was humble about my experience and spoke slowly, the talk would go swimmingly.

I left Nashville just after 2:00 p.m. and arrived at Northside Presbyterian at 6:00 (you lose an hour traveling to Cleveland). We had a scrumptious supper of hot dogs, chili, baked beans, chips, cole slaw, and pie. Following dinner, I was on. Any apprehension I had was quickly dissolved as I saw the smiling faces looking back at me. It was exciting to speak to these folks on the death penalty on a level that they placed the highest regard. I was elated. Afterwards, I asked those present to sign up for the TCASK mailing list and to write a letter to Senator Dewayne Bunch. The purpose behind the letters was to let Sen. Bunch know that there were folks amongst his constituency that were against the death penalty and were in support of the work that he is doing as a member of the study committee. Almost everyone there signed up for our mailing list and I left with four hand written letters to the Senator.

The story that epitomizes how we would like folks to think about the death penalty in the Biblical sense comes from John 8: 2-11, the story of the woman caught in adultery. As a mob is preparing to stone this woman to death, which they had every right to do as law abiding citizens, Jesus intervenes. He addressed the crowd, "Let anyone among you who is without sin be the first to throw a stone at her." The death penalty isn't about those that are on death row and the terrible sins they have committed. Instead, it is about who we are, as people of faith, and how we respond faithfully in very painful situations.

The talk was a success and I now feel confident to do this again. Working for TCASK has presented me with many challenges and put me into situations of maximum uncomfort--I couldn't ask for a more amazing experience right out of my undergraduate education.

Labels: Biblical, Church, Cleveland, death penalty, faith, Jesus

At 11:30 a.m. this morning over 25 concerned Tennesseans convened in front of the office of Attorney General Bob Cooper to ask him to drop his appeal in the case of Paul House. The weather was frigid--thermometers read around 13 degrees, even colder with the wind chill--but as the Rev. Sonnye Dixon put it so eloquently in his opening prayer "God delivers us this cold weather to remind us of the cold hearts we need to warm up in this (AG's) office."

Rev. Stacy Rector (TCASK Executive Director) kicked off the rally with a stirring rendition of the events that have transpired around Paul House's case. She reminded us that this case has already seen the halls of the 6th circuit court of appeals three times already. She then asked, kindly, to the Attorney General that we, as the state of Tennessee, admit that this time we were wrong. She wasn't implicating the Attorney General for actions that took place decades ago, she was instead asking him to do the right thing now. There's shouldn't be winners and losers declared in this arena, only the resounding voice of justice. On an unrelated note, Peter Irons wrote an op-ed that appeared in the Tennessean yesterday. He was a bit tougher on the AG, read it HERE.

Following Rev. Rector and Rev. Dixon was Rep. Mike Turner (Old Hickory). I have not been in Tennessee for long, nor have I had the chance to interact with a substantial amount of Tennessee's state legislators. However, Rep. Turner is someone I admire deeply. He might be a politician, but he isn't political. He does what he knows is right and does not cease until the mission is accomplished. These are rare traits amongst politicians, or anyone for that matter. Rep. Turner appeared solemn as he delivered his concise remarks. It was as if he was in disbelief that he had to speak about Paul's continued incarceration especially after receiving "the Christmas gift" that was Judge Mattice's ruling. I was waiting for Rep. Turner to lay one into General Cooper and to be critical of this action. Instead, Rep. Turner like Rev. Rector employed the grace and understanding that it takes in situations like this. He stated, "I know Bob Cooper and he is a good man. This wasn't a decision by him, but it was made by those behind him. If Bob wasn't the Attorney General, he'd be down here with us, out in this cold."

No rally is complete without music, and you know TCASK loves its music. We were so fortunate to have three excellent artists there, make that three excellent people. Julie Lee played with Bill Tennyson and they sung a beautiful hymn about Psalm 91.

Psalm 91: 5-10, "You will not fear the terror of the night, or the arrow that flies by day, or the pestilence that stalks in darkness, or the destruction that wastes at noonday. A thousand may fall at your side, ten thousand at your right hand, but it will not come near you. You will only look with your eyes and see the punishment of the wicked. Because you have made the LORD your refuge, the Most High your dwelling place, no evil shall befall you, no scourge come near your tent."

Julie organized a "Free Paul House" concert in 2006 and continues to support the campaign with her beautiful music and energy. Michael Kelsh was the third artist and he sang a classic union song customized for Tennessee and Paul House. Stacy declared Michael to be the "official TCASK musician." We can always count on Michael to provide us with his soulful voice and skillful guitar playing.

As a grassroots organization it is vital that we have rallies like today's. It builds solidarity and bolsters the conviction of those present because there is no witness like a public one. I want to congratulate all those who came, but also to those who couldn't make it, but have kept Paul, his mother Joyce, and all those mired in injustice in their thoughts. We couldn't do this work without you. Paul won't be freed without you. We won't abolish the death penalty without you.

Labels: abolition, death penalty, Paul House, rally, Tennessee

Free Paul House Rally Tomorrow (Friday)
An Innocent Man on Death Row

• When: Friday, January 25th, Be there by 11:15 a.m.
• Where: In front of the office of the Attorney General (John Sevier Building), 425 5th Ave. N., around 5th and Charlotte
• Who: TCASK with Joyce House (mother of Paul House), Rep. Mike Turner (Nashville) and other TN state legislators, local religious leaders, and musical guest Julie Lee of Old Black Kettle

Tell Tennessee Attorney General Bob Cooper to drop the state's frivolous appeal in the Paul House case (read this great article in the Nashville Scene) and to abide by Judge Harry Mattice's ruling: either retry House or let him go. Paul House should finally be released after serving over 20 years on Tennessee's death row for a crime that new evidence, including DNA, shows he did not commit. Justice delayed is justice denied. Lets get as many people there as we can. Tell your friends, neighbors, congregations, clubs, etc. Let your voice be heard!

For more information contact TCASK at (615) 256-3906 or our Field Organizer's mobile phone at (615) 521-9985, or email us at tcask@tcask.org.

Labels: death penalty, DNA, innocence, Paul House

Kudos to James Staub for his piece in Sunday's Tennessean. As a murder victim's family member, James' voice is of vital importance as the state of Tennessee examines the death penalty, particularly concerning the question of whether or not it serves victims' families.

James points out that the current lethal injection debate is just one detail as we consider the larger questions involved with the death penalty. He raises issues of wrongful convictions, cost, and the increasing numbers of victims' families, law enforcement, and district attorneys who believe that the death penalty is a diversion of tax dollars and an ineffective deterrent.

As I read the article and continue to reflect on the death penalty as a public policy, I wonder again and again why we hang on to it? If it is not a deterrent, costs too much, does not serve victims' families, and is not necessary to protect us, then why? Why?

Labels: cost, death penalty, innocence, James Staub, lethal injection, Supreme Court, Tennessean, Tennessee, wrongful convictions

Dwight Lewis of the Tennessean has written another terrific article covering the case of Paul House.

Read it HERE!

It begins with..."Sixty-six-year-old Joyce House is in a waiting game, and it's no fun. In fact, "it's hell,'' she says.

Labels: death penalty, death row, innocence, innocent, Joyce House, Paul House

About 10 minutes ago my sister made me aware of this fantastic article from Time Magazine titled "Death Penalty Walking" written by David Von Drehle. I am embarrassed to say that she found it before me, but, she writes for Time Inc. so she has a slight advantage. You can read the article HERE. The article, spurred by the US Supreme Court case, gives a comprehensive review of the problems plaguing this public policy as well as discussion into lethal injection and the importance of Baze v. Rees.

On the method of executions:

"In a perfect world, perhaps, the government wouldn't wait 30 years and several hundred executions to determine whether an execution method makes sense. But the world of capital punishment has never been that sort of place. This weighty moral issue, expressive of some of our society's deeply held values, involves a lot of winging it. In 1990, for instance, a sponge used in the headpiece of Florida's electric chair wore out. There's no factory or parts catalog for execution devices, so the prison sent a guy to pick up a sponge at the store. Problem was, he bought a synthetic sponge instead of a genuine sea sponge, and when Jesse Tafero was strapped in, his head caught fire. Florida officials diagnosed the problem afterward by testing a similar sponge in a toaster."

Does this really surprise anyone? Well, let me rephrase, does this surprise anyone already familiar with how bungled up the death penalty is?

On lethal injection's inception:

"In comparison, lethal injection sounds more scientific--almost therapeutic--but its history is as improvised as that supermarket sponge. In 1977 an Oklahoma lawmaker sketched the protocol on a notepad with the help of a medical examiner. More research has gone into the proper way to brush your teeth."

From what I understand, one of the more compelling reasons that a 3 drug cocktail has been administered for so long is that officials felt it would be odd to use the same procedures on animals as on humans. Animals (sick ones) are fortunate enough to receive a one drug dose which kills them in a humane manner while humans (healthy ones) are given a concoction that was chosen because it was simply divergent than the animal practices.

Fix it or end it:

"The debate almost always comes down to the question of whether to fix it or end it. But these alternatives largely miss the reality. Every attempt to fix the death penalty bogs down in the same ambivalence. We add safeguards one day, then shortcut them the next. One government budget contains millions of dollars for prosecutions, while another department spends more millions to defend against them. Indeed, the very essence of ambiguity is our vain search for a bloodless, odorless, motionless, painless, foolproof mode of killing healthy people. No amount of patching changes the nature of a Rube Goldberg machine."

Reading that above made me think of sitting in on the committee meetings thus far here in Tennessee. Any attempt to fix it is of course a positive act and one that I would welcome, but, it would cost the state millions of dollars and (the article delves into this) open up new venues for death penalty attorneys to appeal their cases. I applaud Tennessee's efforts to study and fix the administration of the death penalty but as always, I will continue to advocate for abolition.

Uniqueness of Baze v. Rees

"There's nothing attractive about the specifics of the death chamber. In the arguments on Jan. 7, the Justices may hear descriptions of bloody surgeries, called cutdowns, performed by EMTs and less trained prison officials as they struggle to insert IV lines into the ruined veins of longtime drug abusers. Without a doctor present, it often falls to prison officials--sometimes watching from a separate room--to determine whether an inmate is unconscious or simply paralyzed as the searingly painful heart-stopping agent potassium chloride takes effect."

I'd like to think we live in a civilized society in the year 2008 but that paragraph conjures up thoughts up methods of torture from the Middle Ages. If we didn't have the death penalty we would not have to waste our time with this case, amending the methods, the appeals, etc. Also, family members of the victims would not receive false promises of retribution and closure that never comes. Instead, they could rest easy knowing from the very beginning that the murderer will be behind bars in terrible conditions for the rest of their natural life. If the death penalty were never an option in the first place, I believe victims would be better served.

Labels: death penalty, executions, lethal injection, Supreme Court, Tennessee, Time

Today, the US Supreme Court will begin hearing arguments on whether or not the current protocols of lethal injection are in violation of the 8th amendment of the Constitution which bans cruel and unusual punishment. The Justices are not being asked to rule on the constitutionality of the death penalty which was determined constitutional three decades ago. A wave of cases revolving around lethal injection across the United States in lower courts has piqued the attention of the highest court in the land. One of the key rulings was here in Tennessee in which Judge Aleta Trauger ruled that the current lethal injection protocols were unconstitutional. However, it was a case in Kentucky, Baez v. Rees, that made its way to Washington D.C. Supporters of the Kentucky petitioners stated that the current method poses an "unnecessary risk of pain and suffering."

The Knoxville Sentinel has an AP article covering the case and also includes a poll asking readers if they believe in capital punishment. Read the article HERE. If you could take one second and visit the above link and vote NO, you can make your voice heard. The article highlights one of the most confusing aspects of this case and the challenges being posed to capital punishment.

"But when the justices return from their holiday break and hear arguments today in a lethal injection case from Kentucky, their questions are unlikely to focus on whether capital punishment or even the method of lethal injection is right or wrong.

The two death row inmates whose challenge is before the court are not asking to be spared execution or death by injection. Their argument, at its most basic, is that there are ways to get the job done relatively pain-free."

The last blog post by Stacy highlighted the confusion that many have, including our own state's legislators. Lethal injection is still a viable method for execution--once the protocols are again deemed constitutional. I believe the hope of the US Supreme Court is to ensure that lethal injection is in fact lethal. I don't think that is much to ask for as a civilized Western nation in the year 2008.

Labels: death penalty, Kentucky, lethal injection, Supreme Court, Tennessee

On December 27th the Tennessean published another great article on the case of Paul House written by Dwight Lewis. It can be found HERE. I did not get the article up sooner because I was visiting my family in Seattle over break. I actually just received a phone call from Paul's mother, Joyce House, asking if I had read it. I then proceeded to complain to her about how sick I was and that I had a nagging cough. I made an appointment today to see a doctor this afternoon. Paul House has advanced multiple sclerosis and is receiving meager prison health care, what a world we live in. Below is a small sample of the article:

"How long of a road must a person travel to freedom when he's innocent of the crime for which he has been condemned to die? Is it 10 years? Is it 20 years? Until he dies in a prison cell under the watchful eyes of the state?"

Labels: death penalty, DNA, murder, Paul House, Tennessean, Tennessee

First off, I hope all of you had a wonderful holidays and are excited about 2008--it's going to be a great year! Also, if I had one New Year's wish I would ask that anyone that finds this blog interesting/informative share it with friends and also contribute with comments.

I was shuffling through my emails this morning (about 20 of them relevant and 600 junk) and I came across this fascinating article at salon.com (READ IT HERE) about torture, the 8th amendment, and the upcoming Baez v. Rees case. The blog title "Is any jury going to convict Jack Bauer?" is a statement made by US Supreme Court Justice Antonin Scalia as he "stood up for the TV torturer extraordinaire and hero of Fox Broadcasting's "24." Scalia insisted that the fictional spy had "saved hundreds of thousands of lives" using tough interrogation tactics to stop a terrorist from nuking Los Angeles." Jack Bauer is tough as nails and fun to watch but Jack Bauer = fiction.

"The clear implication was that Justice Scalia does not believe in an absolute ban on torture -- at least when it comes to suspected terrorists. That's a popular view these days, particularly among members of the Bush administration, although the hard questions of whether there are any limits on the use of torture have yet to be fully tested in the courts. We may get a somewhat better idea of just how far Scalia and his colleagues would go in tolerating abusive treatment of prisoners -- or what some would call torture -- next week when the Supreme Court considers a case challenging the use of lethal injections in execution."

Personally, I don't believe any form of torture is ever necessary and I believe that the barbarism that is torture is only being justified by acts elicited by our actions as a nation. The article begins with a discussion of torture and terrorism, but the meat of it is focused on lethal injection and its usage for capital punishment. Is lethal injection torture? Does it violate the 8th amendment? These are important questions as the US Supreme Court prepares to rule on Baez v. Reese which is likely to have major implications on how this country doles out capital punishment for years to come.

"Dr. Dennis Geiser, a professor of veterinary medicine at the University of Tennessee, told me that the use of potassium chloride and pancuronium bromide without proper anesthesia would result in an "agonal type of death. "It would be like tying you up to a wall and torturing you. You're wide awake but you can't respond."The three drug cocktail that is currently being used and is now up for question should render death painlessly scientists say. However, this is only if everything goes exactly as planned. "If error rates are that high among trained anesthesiologists and medical professionals whose job is to alleviate suffering, then it's extremely unlikely that the hodgepodge of doctors, nurses, paramedics and technicians -- some with little or no training -- employed to kill people will be getting it right often enough to ensure that an execution is not a form of "cruel and unusual" punishment."

"If Justice Scalia and his colleagues have any doubt that inmates may remain conscious during execution, they can also examine a brief from the Anesthesia Awareness Campaign that presents painful-to-read testimony of patients who have undergone surgery in which neuromuscular blocking agents were administered without sufficient anesthesia. Kathleen LaBrie described waking up to "grinding and pushing in my nose" during sinus surgery. "I really thought I was slowly dying and not one person in that room cared. If anyone wants to know what HELL is like this is it." Kelly Haapala, who was conscious during surgery for a hip-socket joint replacement, said, "I felt like they were killing me and I needed to do anything I could to move and let them know I was awake! I still have nightmares that this has happened to me." Diana Todd, who was conscious during a hysterectomy, described it as "the most traumatizing experience of my life. It takes away your basic humanity. That kind of terror is cruel beyond description."

Jack Bauer was saving lives and doing what he felt was the right action with very little time to deliberate. Although I don't agree with his actions or torture in general, it makes for great television. But I think even Jack and probably the majority of CTU can agree that with as calculated as an act as capital punishment it would be logical to ensure that executions are done properly. It is my hope that Baez v. Rees will do that.

Labels: 24, Baez, capital punishment, death penalty, Jack Bauer, Rees, Scalia