By Johanna Fernandez.
Comrades, Brothers and Sisters:
Heidi Boghosian and I just returned from a very moving visit with Mumia.
We visited yesterday, Thursday, February 2. This was Mumia's second
contact visit in over 30 years, since his transfer to General Population
last Friday, Jan 27. His first contact visit was with his wife, Wadiya,
on Monday, January 30.
Unlike our previous visits to Death Row at SCI Greene and to solitary
confinement at SCI Mahanoy, our visit yesterday took place in a large
visitor's area, amidst numerous circles of families and spouses who were
visiting other inmates. Compared to the intense and focused
conversations we had had with Mumia in a small, isolated visiting cell
on Death Row, behind sterile plexiglass, this exchange was more relaxed
and informal and more unpredictably interactive with the people around
us...it was more human. There were so many scenes of affection around
us, of children jumping on top of and pulling at their fathers, of
entire families talking intimately around small tables, of couples
sitting and quietly holding each other, and of girlfriends and wives
stealing a forbidden kiss from the men they were there to visit (kisses
are only allowed at the start and at the end of visits). These scenes
were touching and beautiful, and markedly different from the images of
prisoners presented to us by those in power. Our collective work could
benefit greatly from these humane, intimate images.
When we entered, we immediately saw Mumia standing across the room. We
walked toward each other and he hugged both of us simultaneously. We
were both stunned that he would embrace us so warmly and share his
personal space so generously after so many years in isolation.
He looked young, and we told him as much. He responded, "Black don't crack!" We laughed.
He talked to us about the newness of every step he has taken since his
release to general population a week ago. So much of what we take for
granted daily is new to him, from the microwave in the visiting room to
the tremor he felt when, for the first time in 30 years, he kissed his
wife. As he said in his own words, "the only thing more drastically
different than what I'm experiencing now would be freedom." He also
noted that everyone in the room was watching him.
The experience of breaking bread with our friend and comrade was
emotional. It was wonderful to be able to talk and share grilled cheese
sandwiches, apple danishes, cookies and hot chocolate from the visiting
room vending machines.
One of the highlights of the visit came with the opportunity to take a
photo. This was one of the first such opportunities for Mumia in
decades, and we had a ball! Primping the hair, making sure that we
didn't have food in our teeth, and nervously getting ready for the big
photo moment was such a laugh! And Mumia was openly tickled by every
second of it.
When the time came to leave, we all hugged and were promptly instructed
to line up against the wall and walk out with the other visitors. As we
were exiting the prison, one sister pulled us aside and told us that she
couldn't stop singing Kelly Clarkson's line "some people wait a
lifetime for a moment like this." She shared that she and her parents
had followed Mumia's case since 1981 and that she was overjoyed that
Mumia was alive and in general population despite Pennsylvania's
bloodthirsty pursuit of his execution. We told her that on April 24 we
were going to launch the fight that would win Mumia's release: that on
that day we were going to Occupy the Justice Department in Washington
DC. She told us that because she recently survived cancer she now
believed in possibility, and that since Mumia was now in general
population she could see how we could win. She sent us off with the line
from Laverne and Shirley's theme song - "never heard the word
impossible!"- gave us her number, and asked us to sign her up for the
fight.
We're still taking it all in. The journey has been humbling and humanizing, and we are re-energized and re-inspired!!
In the words of City Lights editor, Greg Ruggiero:"
"Long Term Goal: End Mass Incarceration.
Short Term Goal: Free Mumia Abu-Jamal!"
--Johanna Fernandez
Thursday, February 09, 2012
Friday, February 03, 2012
Beccaria - A Poetry project in Philadelphia, PA
About this project
Beccaria is a chapbook of poetry which brings awareness to the death penalty in Pennsylvania. The chapbook is a compilation of the art and poetry of murder victims' family members, current death row inmates and exonerated death row prisoners. The first printing of the chapbook was funded through a Leeway Art and Change Grant. This project is to fund the second printing and will be available for purchase and available for the first time to prison inmates by May 2012.The Leeway Foundation site states the intention of the chapbook "is to make a powerful artistic statement that could potentially encourage those that read it to consider whether the death penalty truly serves the needs of victims or the community at large."
Read a review of Beccaria here
Beccaria contributers:
Delbert Tibbs, David Keaton, Mary DeWitt, Reginald Lewis, Jan Williams, Devon Williams, Elizabeth Johnson, Hasan Shakur, Aja Beech
Wednesday, February 01, 2012
Help Stop the Execution of Hart Turner
For more information, please contact:
Jim Craig, Louisiana Capital Assistance Center 636 Baronne Street, New Orleans, LA 70113 |
Contact the Governor:
The Hon. Phil Bryant
Governor of Mississippi
Phone: 601.359.3150
|
At the request of Mississippi Attorney General Jim Hood, the MS Supreme Court has set the execution of Edwin Hart Turner for 6 pm on February 8. Hart is on death row for killing two men at a Mississippi gas station in 1995. He had no prior criminal history.
Just six weeks before the crime, Hart was released from a three-month stay at a mental institution after his second suicide attempt in five years. Upon release Hart felt “upbeat” and those around him were hopeful that he was finally recovering from the mental disturbances which had plagued him since childhood.
He wasn’t. Hart’s behavior grew increasingly bizarre and manic. He attributed his new energy to the Prozac prescribed by the hospital but said that he “could not sleep because his mind was going too fast” and that he “couldn’t think right” or “make a complete sentence in his head.” A few days before the crimes, Hart broke down and sobbed uncontrollably for hours – “shift[ing] back and forth many times from ‘I am not a bad person’ to ‘I am a bad person,’” before eventually falling asleep fully clothed, awaking the next morning with no memory of what happened.
Hart’s mental disturbance wasn’t surprising given his background. Though Hart was a “considerate and affectionate boy” who would “hug you when he saw you,” he was raised in an environment of abuse and trauma. His family tree was littered with mental illness – his grandmother and great-grandmother were each committed to the State Hospital at Whitfield on numerous occasions. Hart was raised by alcoholics who fought in his presence and threw furniture at each other constantly. Hart’s mother attempted suicide twice, and when Hart was twelve his father was killed in a dynamite explosion that his family has come to believe was actually suicide.
Hart’s own struggles with mental illness began early – his mother took Hart to the hospital on two occasions when Hart was fifteen, reporting that he was “acting funny,” and Hart told doctors he was having trouble sleeping and his generally good grades were falling. Throughout adolescence, Hart was repeatedly hospitalized for what was called “agitated depression.” At 18 Hart attempted to kill himself with a rifle. The barrel of the gun slipped enough to spare his life, but the bullet blasted through his face leaving him permanently disfigured. From then on, Hart wore a towel wrapped around his face to hide the scars, which he never removed, choosing even to leave the room to eat or drink rather than expose his face to his family.
Five years, and several unsuccessful treatments, later, Hart slit his wrists. He was hospitalized and treated for an impulse disorder. Hart was discharged then readmitted pursuant to court order, diagnosed as having a major depressive disorder and personality disorder, and prescribed Prozac. Hart’s Prozac dosage was quickly doubled. Then Hart was again released, reported “feeling so good,” and defied orders to attend outpatient appointments. His mania deepened. Hart acted erratic and impulsive, and even stripped off all his clothes (and his face-shrouding towel) and danced in a local bar. Six weeks after his release, Hart, who had no prior criminal history, shot and killed Everett Curry and Eddie Brooks, in an irrational and impulsive crime. Hart, dressed in his tell-tale face towel and thus immediately recognizable to the residents of his small Mississippi town, was well-off financially after his father’s death and had no particular reason to commit the robberies and homicides.
Hart was immediately arrested and tried for capital murder. The jury deciding Hart’s fate heard simply that he was depressed, that his depression was “well-controlled” at the time of the murders, so the killings could only be explained by the fact that Hart simply “lacked moral brakes.”
In the 17 years since Hart’s trial, legal technicalities have blocked the courts from taking evidence and squarely deciding the question of whether Hart suffered from a mental disorder which impacted his capacity for judgment and/or was able to control his conduct at the time of the crime. At the same time it scheduled Hart Turner for execution, the Supreme Court refused to order an official medical exam to determine his mental condition and report to the Court.
Numerous mental health experts have reviewed the case and have
reached the conclusion that Hart was suffering from a severe mental
disorder at the time of the crimes which would have impacted his
moral and legal culpability. These experts agree that at the very
minimum, Hart’s history demonstrates the need for a searching mental
health review. They point to a laundry list of facts that merit further
inquiry:
* Hart’s own documented history of mental disturbances, bizarre behavior leading up to the offense, and repeated hospitalizations throughout adolescence for impulsiveness, agitated depression, and suicidal thinking and actions.
* Hart’s family history of mental illness, including a grandmother and a great-grandmother who were institutionalized with diagnoses of schizophrenia, prevalent addiction in the family, and suicide attempts from both parents.
* Hart’s documented history indicative of traumatic brain injury, including being unresponsive and potentially anoxic at birth, hospital treatment on at least three occasions for head injuries, battles with substance abuse including gasoline huffing as a young teenager, a shotgun blast to the face and head, and an 18-point drop in performance IQ (from 108 to 90). At the time of his offense, neither PET scans nor fMRI were in wide use, or used on Hart.
* Hart’s exposure to traumatic events during childhood, including witnessing intense physical fights between his parents, his father’s horrifying death and his mother’s threats to beat him if he cried about it. Hart has never been evaluated for post-traumatic stress disorder.
* Developments in the treatment of mental illness since 1995 which demonstrate the danger that anti-depressants (like Prozac) may actually compound mania when prescribed to individuals with bipolar disorder.
Without intervention by the U.S. Supreme Court or by the Governor of Mississippi, Hart Turner, a man suffering from a life-long, hereditary and crippling mental illness, will be executed by lethal injection on Wednesday, February 8, 2012. Please help!
Monday, January 30, 2012
Former Death Row prisoner Tim McKinney has a new trial date - April 9, 2012
The
struggle to stop the execution of Troy Davis last fall showed the
brutal reality of innocent, African-American men on death rows across
this country. Now we face yet another urgent case: the time is now to stand with Tim McKinney. Tim McKinney is an innocent man who was on Tennessee's death row for over a decade.
He is going to be re-tried for murder on April 9, 2012.
We
are seeking help negotiating this new stage in Tim’s struggle for
justice and would appreciate your advice and contribution. How can we
PACK THE COURTS April 9th?!
------------------------------ ------------------------------ ------------------------------ ---------------
Mr. McKinney is former prisoner of TN’s Death Row. This past year Tim
was granted a new trial and he is now in the Memphis County jail
awaiting an April 9, 2012 hearing. I have worked with Tim in
cooperation with the Campaign to End the Death Penalty since 2002.
Our
efforts include securing pro-bono counsel for his appeals process with
the international law firm Davis Polk & Wardwell (read more at http://www.davispolk.com/pro- bono/practices/death-penalty/) and being featured at the CEDP annual conference on multiple occasions. We have put together a substantial website at www.timmckinney.org. The case is also featured on the Tennesseeans for Alternatives to the Death Penalty’s website at http://www. tennesseedeathpenalty.org/? page_id=156.
At
this time we are reaching out to the TN community to get support in
anticipation of a challenging process in the courts. Being granted a
new trial is a huge victory but Tim has faced additional challenges in
Memphis.
We
kindly ask that you take the time to look over Tim’s case and consider
how you or other TN activists and professionals might help our cause.
Please let me know what I can do to assist you in joining our campaign.
We know your time is valuable.
How can we PACK THE COURTS April 9th?!
------------------------------ ------------------------------ ------------------------------ ---------------
I
am inspired by Dr. Martin Luther King Jr.’s words: "I do not think that
God approves the death penalty for any crime, rape and murder
included. Capital punishment is against the better judgment of modern
criminology, and, above all, against the highest expression of love in
the nature of God."
Tuesday, January 24, 2012
Execution Watch Jan. 26: Rodrigo Hernandez
Rodrigo Hernandez
By Execution Watch
After a hiatus of more than two months, Texas will gear up its death machine Thursday for the state killing of Rodrigo Hernandez. Execution Watch will provide live coverage and commentary on KPFT FM-Houston, starting at 6 p.m. Central Time.
The show may be heard online at http:executionwatch.org > Listen.
It will be the first execution of 2012 in the busiest death chamber in America. Six other executions are on the calendar in Huntsville over the next three months.
Show Preview:
EXECUTION WATCH
"Unless a stay is issued, we'll broadcast ..."
Thursday, Jan. 26, 2012, 6-7 PM CT
KPFT Houston 90.1 FM, HD-3
Listen online: www.executionwatch.org > Listen
*** Join the Execution Watch discussion on Facebook ***
TEXAS PLANS TO EXECUTE:
RODRIGO HERNANDEZ, 40, condemned following his 2004 conviction in the murder of a Frito-Lay saleswoman in San Antonio a decade earlier. The U.S. Supreme Court declined in 2010 to hear his appeal. Background at executionwatch.org > Backpage on Rodrigo Hernandez.
SHOW LINEUP
Host: MARLO BLUE is news anchor for KPFT, where she interviews major newsmakers and helms the live Local News broadcast each weekday at 4:00.
Legal Analyst: JIM SKELTON, a legal educator and retired attorney, the native Texan has seen capital trials from both the prosecution defense tables. Joining him, attorneys SUSAN ASHLEY and LARRY DOUGLAS.
![]() |
| Prof. Robert Bohm |
Reporter, Death House, Huntsville: GLORIA RUBAC founder and leader, Texas Death Penalty Abolition Movement, abolitionmovement.org.
Reporter, Vigil, Houston: DAVE ATWOOD, a founder of the Texas Coalition to Abolish the Death Penalty, will report from the vigil the group sponsors in Houston, www.tcadp.org.
NEXT SCHEDULED EXECUTION
On Feb. 1, Texas plans to execute DONALD NEWBURY. We’ll broadcast the details, including any unresolved issues. Details: executionwatch.org
PRODUCER: Elizabeth, eliza.tx.usa @gmail.com.
TECHNICAL DIRECTOR Otis, omaclay @gmail.com.
STUDIO ENGINEER: Doyle.
THEME: By Victoria Panetti, SheMonster International, myspace.com/shemonster.
WEB: http://executionwatch.org
FACEBOOK: Execution Watch
KPFT FM-Houston is a flagship station of the nonprofit Pacifica Network.
(END)
Thursday, January 19, 2012
14 Arrested In Death Penalty Protest at Supreme Court
Inside, the Supreme Court was hearing arguments in a dusty federal tax case. Outside, police were arresting 14 death penalty protesters who unfurled a 30-foot wide banner with the message "STOP EXECUTIONS!" on the Court's marble plaza. One by one this morning, the demonstrators were escorted or dragged away for violating the federal law (40 U.S.C. 6135) that forbids "processions or assemblages" on Supreme Court grounds.
The protest marked the 35th anniversary of the Utah execution by firing squad of Gary Gilmore, the first execution since the high court's reinstatement of the death penalty in 1976. It was a repeat of a similar demonstration five years ago, and in between, numerous others -- from Princeton philosopher Cornel West to demonstrators dressed like Guantanamo detainees -- have been arrested in the same location.
The demonstrators assembled beforehand at the nearby United Methodist Building where they discussed what to expect when arrested, and held hands in prayer. Bethesda, Maryland solo practitioner Mark Goldstone, longtime lawyer for Court protesters, briefed the group on the legalities, and told them, as he put it later, "It's too bad you aren't corporations, because then you would have more First Amendment protections."
Shortly after 10 a.m., the protesters ambled over to the Court to begin a process that they knew would end in arrest. In a 1983 decision United States v. Grace, the Supreme Court upheld the constitutionality of a no-protest zone on Court property. It allowed demonstrations on the public sidewalk in front of the Court, so the protesters today probably knew they were breaking the law as soon as they walked onto the Court's marble plaza.
Court police were out in force in anticipation of the protest, but they allowed the demonstrators to enter the plaza and begin climbing the majestic steps, even though the steps are no longer used as an entrance. Suddenly, one of the group took the rolled-up banner out from under his coat and the demonstrators, now facing the street, unfurled the banner for all to see. Encouraged nearly 100 demonstrators on the sidewalk, they chanted "Abolition now!" and "They say death row, we say hell no!"
Court police watched intently, but did nothing to stop the protest or to confiscate the banner. After a few minutes, Court police chief Ross Swope came out from the Court building with a bullhorn to warn those holding the banner that they were in violation of the law and "will be arrested." After 10 more minutes of chants, the police started to move in with plastic handcuffs. The arrests came one at a time at one end of the banner. As each protester was taken away, those remaining spread out to keep the banner aloft. When only two protesters were left, they dropped it. As they were taken away, Court police folded up the banner neatly. After processing inside the Court building, the arrestees were expected to be detained overnight by D.C. police and arraigned on Wednesday.
Goldstone, a veteran observer of these demonstrations, said he was generally pleased with the conduct of the Court police. "They seemed very relaxed, and didn't prevent the demonstration from happening," Goldstone said, adding that he was impressed by their respectful handling of the banner. "They didn't just grab it away or treat it like an incendiary device."
Photograph: AP Photo/Evan Vucci
URGENT CASE UPDATE: Motion Denied for Rob Will. His case is now facing the 5th Circuit with NO lawyer
The information below was posted on Rob Will's blog. He received word this week that his motion has been denied by a federal judge and that his case will now go to the Fifth Circuit. Rob's support team has sent a list of what you can do to help.
Rob Will is an innocent man on Texas death row. He has been an inspiring fighter for justice in the DRIVE movement, often facing physical abuse by prison guards for peaceful protesting the death penalty and prison conditions. Please take a minute to learn about his case, pass on information to others, and drop him a line of solidarity.
FREE ROB WILL!
Randi Jones Hensley
URGENT CASE UPDATE: Motion Denied for Rob Will. His case is now facing the 5th Circuit with NO lawyer.
It is with a very heavy heart and great sadness that I share with you the Judge issued a ruling in Rob Will's case last January 16, 2012 denying his motion and that leaves us headed to the Fifth Circuit. Robert Gene Will was wrongfully convicted of the murder of a Harris County Deputy in January 2002 and sentenced to death. Robert Will has proclaimed his innocence throughout and continues to do so from his cell on Death Row. Since his conviction a total of 5 new witnesses have come forward and provided sworn affidavits that state Robert Will is not the killer.
Robert's case has been plagued with problems as a result of the incompetent court-appointed attorneys, as well as the injustice of the Texas judicial system. His trial attorneys failed to investigate his case, went to trial unprepared and refused Robert the chance to actively participate in his own defense. His state habeas counsel was removed from the list of state approved appeals attorneys after he filed identical appeals for Robert Will and the "Railroad Serial Killer", Angel Maturino Resendiz. Neither appeal mentioned the defendants or their cases and both included incorrect conviction dates. Stephen Bright, president and senior councel of the Southern Center for Human Rights reffered to to Rob’s habeas counsel as "completely incompetent" and the subsequent acceptance of denial of the the Court of Criminal Appeals of Rob's appeal as an unjustified, unconcerned act. "But this poor quality of lawyering -Bright stated before the US House of Representatives- is so common in these courts that they just deny the appeals based on briefs that would not receive a passing grade in a first -year legal writing course." [September 22, 2009]
Rob's federal habeas attorney has also failed to present the available evidence of Robert's innocence. As the federal judge made it very clear in the denied motion Rob Will's case has errors of GRAVE PROPORTION in all its stages. To further add to the frustration, Rob's attorney filed a motion to withdraw as Rob's counsel which was granted by the court. That leaves us with NO attorney as Rob is facing the Fifth Circuit. Robert's case highlights the inadequacies and prejudices of the U.S justice system and in particular the injustice that the poorer members of American society receive.
The clock is ticking and Rob needs our help and support now more than ever. We'll be posting action in the following days, please take part in them! If you want to help, here are some things you can do for now:
SPREAD THE WORD about Rob, his website www.freerobwill.org, twitter @freerobwill1 and blog http://freerobwill. blogspot.com/ Let your friends and family know about Rob and what he is facing. Encourage them to read about his case and to befriend us on facebook www.facebook.com/ freerobwill. You can also change your profile picture and use one of Rob's or of our campaign to create awareness.
Printable material like brochures and Rob's press kit in English, French and German ara available to download in Rob's website and here too You can also find them in ourFB albums here
We have also a youtube channel Lethal Injustice. Feel free to share those videos in English, French and German to spread the word about Rob.
If you haven't yet, "like" our NGO in Facebook Lethal Injustice.
Drop a line to Rob Will and show him your solidarity. If you have never written to Rob Will but would like to take the opportunity to send him a message of support the quickest way (especially since the mail room is holding incoming and outgoing mail) is through JPay. These are emails that can be printed and delivered to him. It is 44 cents per page but it would mean the world to Rob to hear words of solidarity and encouragement. Their website is www.jpay.com
If you can, consider giving a donation to help us find him effective representation IMMEDIATELY and continue with Rob's campaign. To help in our efforts to raise funds for his cause check out our web shop! There are solidarity items like the PERSEVERANCE unisex t-shirts with a bold graphic design. These are high quality 100% cotton shirts designed by Dennis Schröder from Supportershirt and printed by DirAction from Hamburg. And they come is all sizes! Or choose among the other items offered there.
We are organizing the next steps to follow and we'll let you know as soon as possible what we can do together. This is by no means the end. The fight goes on!
Thank you for your unwavering solidarity and support!
Rob Will's Support Team
Tuesday, January 17, 2012
Case for a Second Chance
The case for a second chance
Socialist Worker
January 17, 2012
Marlene Martin of the Campaign to End the Death Penalty reports on the case of Robert Gattis--and what the fight to
save him says about the criminal justice system.
ROBERT GATTIS, who faces an execution date on Friday, January 20, has won the first pardons board recommendation
for clemency for a Delaware death row prisoner in the modern era of capital punishment. The state's Board of Pardons
voted 4-1 in favor of his death sentence being commuted to life without the possibility of parole.
Now, it is up to Gov. Jack Markell, a Democrat and former parole board member himself, whether Gattis lives or dies.
Gattis was convicted of killing his girlfriend, Shirley Slay, during a domestic dispute in 1990, and he was sentenced to
death in 1992. He has spent the last 20 years on death row. Gattis has never denied shooting Shirley, but he has
expressed remorse for his actions ever since.
The parole board's decision to recommend clemency was unexpected, and opponents of the death penalty are thrilled
to have won this important round in the fight to save Robert. They say they are confident Markell will do the right
thing, given the board's decision. Exonerated Illinois death row prisoner Darby Tillis traveled 20 hours to join efforts to
try to help save Robert. "I was just so elated to hear the words that he had won his clemency yesterday," Tillis said. "It
just opened up floods of joy in my heart."
Delaware's parole board has never once, in 16 previous capital cases that came before it, recommended clemency.
Barbara Lewis, Robert's mother, attended the clemency hearing. "I could tell the board was listening when they heard
people speak in support of Robert," she said. "But it was so hard to tell what they were thinking. I wasn't sure they
even cared."
Sandy Jones, an activist with the Delaware chapter of the Campaign to End the Death Penalty and a professor at
Rowan University, agreed. She said:
Quite honestly, I was bracing myself and Barbara for bad news. I didn't think the board would vote this way, even
though Robert is surely deserving of clemency. I think this shows the changing mood with respect to the death
penalty, as well as the persuasive clemency fight waged on Robert's behalf.
- - - - - - - - - - - - - - - -
DURING THE hearing before the board, Gattis' lawyers presented evidence that Robert had suffered systematic abuse
and neglect while he was growing up. Their clemency petition describes how Robert was sexually violated at a young
age by members of his own family, including being anally raped, and how his stepfather beat and humiliated him.
Mental health experts who examined Robert described his case as one of "catastrophic abuse and neglect."
As a result of this abuse, Robert began to show signs early on that he was suffering--he would bite himself and
sometimes lash out in a rage. As Wanda, Robert's sister, tearfully told the board:
I always believed if people really knew Robert and what he lived through and what it did to him, they would
understand...I was molested by my own family members, and it hasn't been anything easy to let go. For the love of my
brother, please understand that he deserves a second chance. Not only does he keep our family going, he's doing the
same thing inside of these prison walls, and he's making a difference."
The clemency petition draws out a broader point that needs to be remembered in more cases like these where guilt or
innocence is not in doubt, but an injustice is nevertheless taking place:
There is no excuse or justification for Mr. Gattis's crime. Yet the horrific sexual and physical abuse he suffered provides
insight into the impairment of the man who committed that crime.
In Delaware, we have recently learned, to our shock and sorrow, that undetected childhood sexual and physical abuse
is widespread. Our state has begun to provide services to victims and training to those who come into frequent contact
with our children. We do so because we now know that without intervention, the effects of prolonged childhood
sexual abuse are long-lasting, and profoundly disruptive of its victims' abilities to function in intimate relationships.
Robert Gattis never received any such intervention. He was at the mercy of his abusers from preschool to adolescence.
His many abusers included trusted family members who took advantage of him, while no on--not a parent, not a
teacher, not a doctor or clergy person--came to his aid. Much of this abuse occurred on our watch, as he passed
through our schools virtually unnoticed, without meaningful intervention.
Members of the board were clearly moved by the other arguments made for stopping the execution. For example, his
clemency petition goes through 17 cases very similar to Roberts--involving domestic violence and murder--yet in all of
the others, the defendant received a sentence less than death. "The sentencing disparity in these cases has become too
great and offends a moral sense of proportionality," the board wrote in issuing its decision.
- - - - - - - - - - - - - - - -
WHILE IT is wonderful that the parole board has drawn the right conclusions--and Gov. Markell needs to, as well--you
can't help but wonder what impact this information would have had on the jury at his original trial, had they heard it.
But no jury or judge has ever heard about Robert's horrific history before. When it was first brought up in legal appeals
in 2006, the courts barred it from being presented on procedural grounds.
If the governor stops Robert's execution, his sentence will be commuted to life without the possibility of parole. This
would certainly be a victory over the death penalty, but it has to be asked why Robert shouldn't ever have a second
chance--especially in light of the evidence that has now seen the light of day that he never really had a first chance.
While the question of whether Robert should be freed isn't being discussed, it should be. Given the years he has spent
in prison--not to mention the horrific abuse he suffered before then--this would be the humane thing to do.
Another question that isn't being discussed in this case is the real way to combat domestic abuse, which is completely
bound up with the tragedy that sent him to death row.
Robert's early life of abuse--during which he never received any treatment--led him to attempt suicide, turn to alcohol
and act violently in relationships with those closest to him, including Shirley Slay. Certainly imposing the death penalty
or a life sentence on Robert will do nothing to stop similar types of crimes, because they originate in a society that
inflicts oppression and inequality on so many.
The only way to really stop crimes like these is to work for a society where the aim is for every child to be raised with
love and support--and if they are not, they have access to the kind of mental health and social work services they
need.
While the question of whether Robert (and so many other Roberts) should get a second chance isn't being considered,
it is something activists will need to keep in the forefront of our struggle for justice as we go forward.
"Robert would be wonderful on the outside," says Sandy Jones. "I've known him for eight years, and he is well-loved
and respected on death row. He is a tireless advocate for everyone else, not just himself, and that has won him so
much love and respect."
Robert's mother Barbara, who has stood by her son during his incarceration, had this message to send to Robert's
supporters:
I am so grateful to the efforts of the legal team and activists. It has been a united effort, and I want people to know
that this effort is appreciated. There are no words to express my love and gradiute for all the support, effort, prayers
and thoughts. I don't believe there will be any regrets. You've all opened the door of hope for a better tomorrow.
Socialist Worker
January 17, 2012
Marlene Martin of the Campaign to End the Death Penalty reports on the case of Robert Gattis--and what the fight to
save him says about the criminal justice system.
ROBERT GATTIS, who faces an execution date on Friday, January 20, has won the first pardons board recommendation
for clemency for a Delaware death row prisoner in the modern era of capital punishment. The state's Board of Pardons
voted 4-1 in favor of his death sentence being commuted to life without the possibility of parole.
Now, it is up to Gov. Jack Markell, a Democrat and former parole board member himself, whether Gattis lives or dies.
Gattis was convicted of killing his girlfriend, Shirley Slay, during a domestic dispute in 1990, and he was sentenced to
death in 1992. He has spent the last 20 years on death row. Gattis has never denied shooting Shirley, but he has
expressed remorse for his actions ever since.
The parole board's decision to recommend clemency was unexpected, and opponents of the death penalty are thrilled
to have won this important round in the fight to save Robert. They say they are confident Markell will do the right
thing, given the board's decision. Exonerated Illinois death row prisoner Darby Tillis traveled 20 hours to join efforts to
try to help save Robert. "I was just so elated to hear the words that he had won his clemency yesterday," Tillis said. "It
just opened up floods of joy in my heart."
Delaware's parole board has never once, in 16 previous capital cases that came before it, recommended clemency.
Barbara Lewis, Robert's mother, attended the clemency hearing. "I could tell the board was listening when they heard
people speak in support of Robert," she said. "But it was so hard to tell what they were thinking. I wasn't sure they
even cared."
Sandy Jones, an activist with the Delaware chapter of the Campaign to End the Death Penalty and a professor at
Rowan University, agreed. She said:
Quite honestly, I was bracing myself and Barbara for bad news. I didn't think the board would vote this way, even
though Robert is surely deserving of clemency. I think this shows the changing mood with respect to the death
penalty, as well as the persuasive clemency fight waged on Robert's behalf.
- - - - - - - - - - - - - - - -
DURING THE hearing before the board, Gattis' lawyers presented evidence that Robert had suffered systematic abuse
and neglect while he was growing up. Their clemency petition describes how Robert was sexually violated at a young
age by members of his own family, including being anally raped, and how his stepfather beat and humiliated him.
Mental health experts who examined Robert described his case as one of "catastrophic abuse and neglect."
As a result of this abuse, Robert began to show signs early on that he was suffering--he would bite himself and
sometimes lash out in a rage. As Wanda, Robert's sister, tearfully told the board:
I always believed if people really knew Robert and what he lived through and what it did to him, they would
understand...I was molested by my own family members, and it hasn't been anything easy to let go. For the love of my
brother, please understand that he deserves a second chance. Not only does he keep our family going, he's doing the
same thing inside of these prison walls, and he's making a difference."
The clemency petition draws out a broader point that needs to be remembered in more cases like these where guilt or
innocence is not in doubt, but an injustice is nevertheless taking place:
There is no excuse or justification for Mr. Gattis's crime. Yet the horrific sexual and physical abuse he suffered provides
insight into the impairment of the man who committed that crime.
In Delaware, we have recently learned, to our shock and sorrow, that undetected childhood sexual and physical abuse
is widespread. Our state has begun to provide services to victims and training to those who come into frequent contact
with our children. We do so because we now know that without intervention, the effects of prolonged childhood
sexual abuse are long-lasting, and profoundly disruptive of its victims' abilities to function in intimate relationships.
Robert Gattis never received any such intervention. He was at the mercy of his abusers from preschool to adolescence.
His many abusers included trusted family members who took advantage of him, while no on--not a parent, not a
teacher, not a doctor or clergy person--came to his aid. Much of this abuse occurred on our watch, as he passed
through our schools virtually unnoticed, without meaningful intervention.
Members of the board were clearly moved by the other arguments made for stopping the execution. For example, his
clemency petition goes through 17 cases very similar to Roberts--involving domestic violence and murder--yet in all of
the others, the defendant received a sentence less than death. "The sentencing disparity in these cases has become too
great and offends a moral sense of proportionality," the board wrote in issuing its decision.
- - - - - - - - - - - - - - - -
WHILE IT is wonderful that the parole board has drawn the right conclusions--and Gov. Markell needs to, as well--you
can't help but wonder what impact this information would have had on the jury at his original trial, had they heard it.
But no jury or judge has ever heard about Robert's horrific history before. When it was first brought up in legal appeals
in 2006, the courts barred it from being presented on procedural grounds.
If the governor stops Robert's execution, his sentence will be commuted to life without the possibility of parole. This
would certainly be a victory over the death penalty, but it has to be asked why Robert shouldn't ever have a second
chance--especially in light of the evidence that has now seen the light of day that he never really had a first chance.
While the question of whether Robert should be freed isn't being discussed, it should be. Given the years he has spent
in prison--not to mention the horrific abuse he suffered before then--this would be the humane thing to do.
Another question that isn't being discussed in this case is the real way to combat domestic abuse, which is completely
bound up with the tragedy that sent him to death row.
Robert's early life of abuse--during which he never received any treatment--led him to attempt suicide, turn to alcohol
and act violently in relationships with those closest to him, including Shirley Slay. Certainly imposing the death penalty
or a life sentence on Robert will do nothing to stop similar types of crimes, because they originate in a society that
inflicts oppression and inequality on so many.
The only way to really stop crimes like these is to work for a society where the aim is for every child to be raised with
love and support--and if they are not, they have access to the kind of mental health and social work services they
need.
While the question of whether Robert (and so many other Roberts) should get a second chance isn't being considered,
it is something activists will need to keep in the forefront of our struggle for justice as we go forward.
"Robert would be wonderful on the outside," says Sandy Jones. "I've known him for eight years, and he is well-loved
and respected on death row. He is a tireless advocate for everyone else, not just himself, and that has won him so
much love and respect."
Robert's mother Barbara, who has stood by her son during his incarceration, had this message to send to Robert's
supporters:
I am so grateful to the efforts of the legal team and activists. It has been a united effort, and I want people to know
that this effort is appreciated. There are no words to express my love and gradiute for all the support, effort, prayers
and thoughts. I don't believe there will be any regrets. You've all opened the door of hope for a better tomorrow.
Delaware News Journal: Pardons Board Is Right to Recommend Clemency
Today, for the first time in the paper's
history, the Delaware News Journal has published an
editorial in support of clemency in a death penalty
case.
Delaware's Board of Pardons has recommended that condemned prisoner Robert Gattis be allowed to live. The decision came this weekend in a thoughtful, judicious recommendation to the governor.
Mr. Gattis was condemned to death in 1992 for the earlier murder of Shirley Slay. Execution is scheduled for Jan. 20. No one disputed his guilt in the matter. The only question is the severity of the original sentence.
The Board of Pardons' 4-to-1 decision came almost a week after Mr. Gattis appeared before the board to ask for the clemency recommendation. In addition to rarely recommending clemency, board decisions usually come much more quickly than this one did.
It was obvious from the members' questioning at the hearing, from the length of their deliberation and from their statement Sunday, they took seriously the questions about Mr. Gattis' sentence.
These issues included the history of severe physical and sexual abuse Mr. Gattis suffered as a child. That history did not come to light until long after his trial. The board also noted that the jury's recommendation of the death penalty was not unanimous. In addition, the board pointed out that the punishment meted out in similar crimes did not call for the death penalty. For all of that, the board recommended clemency.
The board members added the condition that Mr. Gattis drop his legal appeals. In other words, he should spend the rest of his life behind bars. That condition is appropriate.
We hope Gov. Jack Markell accepts the board's recommendation and spares Mr. Gattis' life.
Civil Disobedience Planned to Mark 35th Anniversary of Executions At U.S. Supreme Court in Washington, DC
MEDIA ADVISORY CONTACT:
FOR IMMEDIATE RELEASE SCOTT
LANGLEY
16 January 2012 518-249-8094 (mobile)
Civil Disobedience Planned to Mark 35th Anniversary
of Executions
At U.S. Supreme
Court in Washington, DC
9:45
am Wednesday – Press briefing at the United Methodist Building, Location: 100
Maryland Avenue, NE (next to U.S. Supreme Court)
WASHINGTON -- Thirty-five years after the execution of Gary
Gilmore, the first execution under contemporary laws, members of the
Abolitionist Action Committee will stage a highly visual demonstration at the
U.S. Supreme Court on Tuesday, January 17.
Participants from Texas, South Carolina, Virginia, DC, Utah,
Kansas and New York will peacefully and visibly call for an immediate cessation
of all executions in the United States through civil disobedience and the risk
of arrest.
One of the participants will be Randy Gardner, whose
brother, like Gilmore, was executed in Utah by firing squad. "My Brother Ronnie Lee Gardner was
executed June 18th 2010 by the same state, by the same method as Gilmore.
I believed then, and I still believe now, that the death penalty is morally
wrong. I'm here to help abolish the
death penalty by protesting in any shape or form."
Thirty years ago, on January 17, 1977, the State of Utah
shot to death Gary Gilmore, who "volunteered" to be killed in revenge
for his murder of Ben Bushnell and Max Jenson.
This state-assisted suicide was the first execution under the Supreme
Court’s upholding of the death penalty in 1976.
Since 1997, a total of 34 arrests have been made of death
penalty abolitionists for unfurling banners that read "STOP
EXECUTIONS!" on the stairs leading to the front doors of the U.S. Supreme
Court. January 17th, 2017 will be the next
installment of the every-five-year action.
To date there have been 1278 executions in the U.S. since
1977, with others consecutively scheduled on January 18, 19 and 20 in Ohio,
Kentucky and Delaware, respectively.
Texas has seven executions scheduled this winter.
Despite the continued use of the death penalty, the tide is
turning. “A year ago we saw Illinois
repeal their death penalty. The year before that it was New Mexico. Before
that, New Jersey and New York. We are
seeing a dramatic decrease in both death sentences and executions nationwide,
and we are winning. Now is the time to
end this practice once and for all,” said Scott Langley, Abolitionist Action
Committee organizer for the January 17th action.
The Abolitionist Action Committee is an ad-hoc group of
individuals committed to highly visible and effective public education for
alternatives to the death penalty through nonviolent direct action.
# #
#
Monday, January 16, 2012
Coretta Scott King on the Death Penalty
Coretta Scott King, the widow of slain civil rights leader Martin Luther
King Jr., died in 2006 at the age of 78. She is remembered for many
brave and selfless acts, including her steady opposition to capital
punishment. The widow of one of the nation's most famous murder victims
frequently voiced her opposition to the death penalty with a very
powerful argument.
"As one whose husband and mother-in-law have died the victims of murder and assassination, I stand firmly and unequivocally opposed to the death penalty for those convicted of capital offenses," she said. "An evil deed is not redeemed by an evil deed of retaliation. Justice is never advanced in the taking of a human life. Morality is never upheld by a legalized murder".
"As one whose husband and mother-in-law have died the victims of murder and assassination, I stand firmly and unequivocally opposed to the death penalty for those convicted of capital offenses," she said. "An evil deed is not redeemed by an evil deed of retaliation. Justice is never advanced in the taking of a human life. Morality is never upheld by a legalized murder".
Monday, January 02, 2012
EXECUTION WATCH NAMES TOP 10 DEATH PENALTY STORIES OF 2011
The most
significant death-penalty stories of 2011 have been named by Execution Watch, a news program on
Pacifica Radio Network’s KPFT FM 90.1 that broadcasts and streams live whenever Texas puts a prisoner to
death:
1. Troy
Davis is executed in Georgia
despite lingering doubts about his guilt. The rush to execution was not as unusual
as the broad international awareness of, and support for, Davis.
2. Mumia
Abu-Jamal makes the metaphorically giant leap from Pennsylvania’s
death row into general prison population after the Philadelphia district attorney announces it
will stop its 30-year effort to obtain a durable death penalty against him.
3. Texas executes Mexican
national Humberto Leal, flouting international law by refusing to give him a
new hearing despite the failure by police to tell him at arrest that he may contact
the Mexican Consulate for legal help.
4. Illinois abolishes the
death penalty, reducing the number of states with capital punishment to 34. In
a related story, Oregon’s
governor says no executions will take place during his term but neither
commutes any death sentences nor stops prison officials from selling excess
execution drugs to other states.
5. The
European Union escalates its activism against American use of the death penalty
by banning the export to the United
States of barbiturates that could be used to
in lethal-injection executions.
6. The
number of new death sentences in the United States reaches an historic
low of 78, the first time in more than three decades that fewer than 100 people
were condemned to death.
7. Anthony
Graves, exonerated from death row for a murder he did not commit, successfully
sues the State of Texas
for compensation owed to him by law, accepting from the comptroller a check for
$1.45 million.
8. The
Texas death penalty is declared
unconstitutional by State District Judge Teresa Hawthorne of Dallas, echoing Harris County District Judge
Kevin Fine’s earlier ruling, made moot by a plea deal.
9. The
death penalty becomes part of the GOP primary race when Rick Perry elicits
applause from a debate audience for presiding over more executions than any
governor in history and disbelief from the media for declaring he has never
lost sleep over an execution.
10. Director Werner
Herzog successfully releases INTO THE ABYSS, a gritty documentary describing from
several points of view a triple murder in Texas and its aftermath. Another documentary
involving capital punishment, INCENDIARY, premieres and wins an award at Austin’s South by
SouthWest Film Festival.
Other stories in 2011 that Execution Watch designated as especially noteworthy include:
-- A district judge in Georgetown
takes under advisement a request for a special inquiry into alleged wrongdoing
by the top prosecutor in a murder trial that put an innocent man behind bars
for 25 years. Michael Morton presented evidence that ex-district attorney Ken
Anderson knowingly withheld evidence that might have led to his acquittal.
-- The U.S. Supreme Court vacates a $14 million jury verdict
against former New Orleans District Attorney Harry Connick Sr. for withholding
evidence that might have averted the wrongful conviction and near-execution of John
Thompson. A divided court said a prosecutor’s office cannot be held liable for a
member’s illegal withholding of exculpatory evidence due to inadequate training.
-- The Texas Forensic Science Commission releases its final report on the
Todd Willingham case, directing the Innocence Project of Texas to work with the
state fire marshall to review more than 700 arson cases for possible wrongful
convictions based on outdated science.
-- Literary critics respond enthusiastically to the
publication of AUTHOBIOGRAPHY OF AN EXECUTION, a highly personal and humanistic
memoir by David Dow, litigation director of Texas Defender Service.
-- A Louisiana-based coalition of civic and religious groups
called I Want to Serve launches a campaign to outlaw the exclusion from capital
juries of people who oppose the death penalty.
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