On the road (to abolition)

Check out TADP's New Website

2010-04-22T09:27:00.002-05:00

We are in the midst of a transition from this site to our new website. So, if you are wondering why we haven't blogged in a while, it is because we are blogging on the new site.

When you check it out, you will see that there are still some things we are working on (like a picture for the home page), but we hope to have those issues taken care of as soon as possible.

Once we are settled into the new site, www.tcask.org will point to it.

Please check it out www.tennesseedeathpenalty.org

More Evangelical Pastors Speaking Out on the Death Penalty

2010-04-08T14:52:00.002-05:00

Reverend Matt Randles, Pastor of Headwaters Covenant Church in Helena, Montana, has a great piece in the The Washington Post's "On Faith" Section. This thoughtful reflection is instructive for all Christians who are wrestling with the issue of the death penalty.

Read it here.

Moving Story about Sisters' Reponse to Murder

2010-04-07T10:40:00.003-05:00

In today's Chicago Tribune, you can read a powerful story of the love among sisters who have suffered a great deal of tragedy. The article tells the story of two sisters struggling to deal with the brutal murder of their pregnant sister, Nancy Bishop Langert, and her husband, Richard, 20 years ago by a teen-aged intruder.

Nancy's two sisters, Jennifer Bishop Jenkins, and Jeanne Bishop, have dedicated their lives to honoring their sister's life through their work to reduce violence, including work to abolish the death penalty and enact tougher gun control laws. The sisters also co-founded the National Organization of Victims of Juvenile Lifers, which has lobbied against parole-granting efforts for juvenile offenders with life sentences, the sentence that their sister and brother-in-law's killer received.

This is a powerful story of hope, in the face of great tragedy. We all have much to learn from the witness of this family.

Read the story here.

Amnesty International Releases Global Death Penalty Report for 2009

2010-04-05T14:29:00.002-05:00

Amnesty International recently released its global death penalty report showing 700 people were executed in 18 countries in 2009 with at least 2,000 people sentenced to death. 179 countries had no executions in 2009. Countries with the highest number of executions were Iran with at least 388, Iraq with at least 120, Saudi Arabia with at least 69, and the United States with 52. China continues to execute more people than the rest of the world combined, but the data is kept secret.

For the first time, there were no reported executions in Europe, and no executions took place in Afghanistan, Pakistan, Indonesia, and Mongolia for the first time in many years. Burundi and Togo abolished the death penalty in 2009.

The U.S. was the only country in the Americas to carry out an execution. What is wrong with this picture?

The United Nations General Assembly has called for a moratorium on all executions.

You can read the full report here.

Bob Clement Reflects on His Father, Governor Frank Clement, and Tennessee's Death Penalty

2010-03-30T11:03:00.002-05:00

In Sunday's Tennessean, former U.S. Congressman Bob Clement, reflects on his father's struggle with the death penalty as Governor of Tennessee. Governor Frank Clement visited the inmates on death row and talked with their families, something most Governors will not do. During his third term, he asked the legislature to abolish the death penalty, coming within one vote in the house after the Senate voted for abolition 25-7. With abolition narrowly denied, Governor Clement commuted the sentences of all those on Tennessee's death row to life sentences.

We continue to be grateful for Governor Clement's leadership on the issue of the death penalty in Tennessee which has helped to keep Tennessee's execution rate lower than other Southern states. I hope that as more people understand the failures of the current system, Tennessee can become the first Southern state to repeal the death penalty.

Read the article here.

Fox News Reports Crippling Costs of the Death Penalty

2010-03-29T08:47:00.004-05:00

In an article posted on Saturday, Fox News reporter, Ed Barnes, writes about the exorbitant costs of the death penalty in this country, with Tennessee's system specifically mentioned. One of the most telling statements in the story--"The cost of killing killers is killing us."

The reality of the death penalty is that it drains state resources away from those measures that have been shown to prevent crime and is a public policy failure. We can do better.

Read the full story here.

Click here to vote in the Fox News poll on the death penalty

U.S. Supreme Court Stops Texas Execution of Hank Skinner

2010-03-25T15:19:00.002-05:00

Hank Skinner was already eating his last meal Wednesday when he received word of his stay from the U.S. Supreme Court. Skinner was convicted and sentenced to death for the 1993 murders of his girlfriend, Twila Busby, and her two mentally disabled adult sons. Skinner has always maintained his innocence and for more than a decade, has been asking Texas courts to test DNA evidence that was not analyzed during his 1995 trial. The evidence still untested includes a rape kit from Busby, biological material under her fingernails, hair and sweat on a man’s windbreaker, a bloody towel, and knives found at the scene remain. His requests for DNA testing of this evidence have been repeatedly rejected.

Toxicology tests from Skinner showed that he was passed out on the couch, nearly in a coma from a mix of vodka and codeine, at the time of the crime. He argues that the real murderer attacked Busby and her sons while he was passed out. And the ex-girlfriend who testified against him at the trial later recanted her story.

Skinner is convinced that the real killer was Busby’s uncle, Robert Donnell, who was killed in a 1997 car crash. Donnell had a violent past, an incestuous relationship with Busby, and had made unwanted drunken advances toward her at a party the night of the murders.

Larry King Live featured this story last night. Watch it here.

You can read more about this case here.

Justice Day on the Hill 2010

2010-03-24T13:13:00.000-05:00

Yesterday, nearly 30 Tennesseans gathered at the state capitol for TADP’s Annual Justice Day on the Hill. To start the day, we gathered in the Old Supreme Court chambers in the Capitol building and were inspired by several legislators who addressed the group. The legislators shared their concerns about the death penalty, including its cost, lack of fairness, and risk of executing an innocent person. To drive the concerns about innocence home, Paul House and his mother, Joyce, were present for Justice Day for the first time together. Paul spent 23 years on Tennessee’s death row before all charges against him were dropped in May 2009.

We also heard a moving tribute to the late Representative Larry Turner by his wife and current state representative, Johnnie Turner. Larry Turner always addressed TADP on Justice Day, and last year, he spoke at the TADP Justice Day press conference about his support and sponsorship of moratorium legislation. Yesterday, Johnnie reiterated how much Larry believed in abolition, even though his own brother had been brutally murdered just a few years ago while on the job in Memphis. Larry’s opposition to the death penalty never wavered. We all joined Johnnie in remembering and giving thanks for Larry, for his convictions, his witness, and his service to the state of Tennessee.

After the morning session, we made our way through the halls of Legislative Plaza to meet with legislators concerning a bill repealing Tennessee’s death penalty sponsored by Rep. Jeanne Richardson and Senator Beverly Marrero. The conversations were informative and encouraging. The personal stories told by surviving family members of murder and by the sister of an executed inmate, were particularly compelling to legislators, many of whom had never met anyone whose loved one had been executed. Concerns about the cost of capital punishment also became a key point of discussion considering Tennessee’s budget woes. TADP participants agreed legislators seemed more open to considering the problems with Tennessee’s death penalty system than last year, and we hope that trend will continue next year.

Thanks to all who participated in some part of Justice Day on the Hill! Because of you, we are moving closer to the day when the death penalty in Tennessee will be repealed.

Fast for Life and Raise Money for TADP

2010-03-16T18:07:00.007-05:00

A few years ago, former TADP board chair and active supporter, Dr. Amy Sayward, decided that she would combine her support for TADP with her spiritual practices during Holy Week. Subsequently, the TADP "Fast for Life" was born.

Amy recalls, "On February 4th of 2009, I joined 66 other people in the single-digit cold, standing in an open field, trying to keep our candles lit, as the State of Tennessee executed yet another of its citizens. When I first came to Tennessee in 1998, it hadn't executed anyone since 1960. But that notable achievement is quickly fading; this was the fifth execution. (Since this execution, there has been another, making 6 executions in Tennessee in the modern era of the death penalty). While I'm always struck by the waste of such state actions, this execution was particularly poignant. As Chair of the History Department at Middle Tennessee State University, I had been told earlier in the year that I needed to be prepared to cut $320,000 from my department's budget. In other words, I was facing the prospect of having to let go 8 of my faculty - people who want nothing more in life than to teach and serve our young people - so that the State of Tennessee can continue carrying out such costly public debacles as this. I have rarely been so angry and yet so sad at the same time. And the financial woes for our state continue. TADP, like so many nonprofit organizations doing good work, needs continued support in this tough economy. So I am hoping that my fast can help to raise both awareness and money to help abolish Tennessee's death penalty. I hope you’ll be able to support my effort or join me in the fast."

During Holy Week and the week of Passover (March 30-April 3), Amy Sayward and Stacy Rector will be fasting (missing 10 meals during this period) as a protest against the death penalty. We are asking you to support this effort by donating $1 to TADP for every meal one or both miss. All donations are tax-deductible. Another way to participate is to fast yourself and ask your family and friends to sponsor you. Please note that if you decide to participate by fasting, you should contact your physician about whether or not you are physically able to do so.

Tennessee Death Row Inmate, Timothy McKinney, Gets a New Trial

2010-03-11T11:50:00.002-05:00

Timothy McKinney was convicted of first degree murder and sentenced to death in 1999. McKinney, an African-American, is accused of killing Donald Williams, an off-duty Memphis police officer after an altercation with Williams earlier in the evening on Christmas night at Crumpy’s Comedy Club in Memphis. The circumstances leading to McKinney’s conviction include: no forensic evidence, inconsistent eyewitness testimony, and inadequate defense.

On Christmas night, 1997, hundreds of people attended a Christmas party at Crumpy's Comedy Club. As the party was winding down, Donald Williams, an off-duty Memphis police officer moonlighting as a security guard at the club, was shot point blank in the back of the neck and was fatally wounded by an assailant whose face was obscured. Within hours, Memphis police identified 23-year old Timothy Terrell McKinney as a suspect.

McKinney became a suspect because police believed him to be a man with whom Williams had quarreled in the club's parking lot a few hours prior to the shooting. After the shooting, as the assailant fled, another off-duty officer providing security, Frank Lee, exchanged gunfire in the alley with the assailant before he got into a car and sped away. Witnesses, including Lee, initially described an assailant dressed completely in black, which did not match McKinney's outfit that night. Lee later identified the man as Timothy McKinney. The description of the getaway car also changed over time and became an exact match for McKinney only after his driver's license was matched with the vehicle he owned. By the time of the trial, however, Lee's description of the assailant's clothing matched what McKinney was wearing that night. Lee told detectives that he was about three car lengths away from the getaway car and fired two or three more shots after the shooter had gotten into the car. Yet McKinney's car, which Lee said he was able to identify because of its tail lights, showed no bullet strikes or damage when it was seized by the police.

Lee testified at trial that the only altercation with a party patron was with McKinney, thus, giving him a motive to kill Williams. However, at the post-conviction hearing, the club owner, Crumpy, testified under oath that he personally ejected an intoxicated party guest from the club then saw an encounter between the man he had ejected and Williams. Crumpy witnessed McKinney taken into custody and told police at the arrest that McKinney was not the man he had thrown out of his club that night.

An officer testifying that he saw McKinney arguing with the victim, according to the police dispatch logs, did not in fact arrive at the club until 2:01 a.m., much later than when he claimed to see McKinney. Radio dispatches to police place the shooting at approximately 2:30 a.m. or even earlier. Yet, at trial, the State placed McKinney at his girlfriend Debra Kimble's house at 2:15 a.m. It is virtually impossible for McKinney to have arrived at Kimble's house by 2:15 a.m. and then return to Crumpy's Comedy Club, park his car in the alley, sneak up on and shoot Officer Williams by 2:30. In addition, McKinney's lawyers never used a statement made by Kimble to a defense investigator that she argued with him for 20 minutes. That would have meant that McKinney was at her house at the time of the shooting.

McKinney's clothing worn that night were seized and logged into evidence, but the State did no scientific testing on the sweater that Lee said McKinney was wearing the night of the shooting. His pants and vest were sent to the Tennessee Bureau of Investigation (TBI) for analysis, but the scientist could not testify conclusively to the presence of gunshot residue. Though eyewitness reports and the testimony of the medical examiner would suggest that the murder weapon was a .38 caliber revolver, no gun was ever found, and there wasn't enough left of the bullet that struck Williams to determine conclusively the type or caliber of the weapon. No blow-back of blood spray, typical of close gunshot wounds, was found on any of McKinney's clothing.The State testified that no forensic testing was ever done on McKinney's car nor on the skid marks at the crime scene. Incredibly, McKinney's car was sold at a police auction on March 3, 1998, just two months after the shooting and McKinney's arrest.

McKinney's court-appointed attorney presented no evidence during the guilt phase of the trial. His attorneys did not call any witnesses who could have rebutted the prosecution. His lead attorney said that if McKinney was innocent, he didn't have anything to worry about and that the prosecution couldn't prove its case. His defense attorneys did not do an independent investigation of the facts nor did they interview any of the people who could testify to McKinney's alibi and version of the events. His attorneys were reluctant to ask for the records or subpoena police reports and dispatch logs that would have enabled the defense to create an accurate timeline of the events that night. And, in an inexplicable legal move, his attorneys actually agreed in writing not to pursue discovery of those items or of the witness statements that could have contradicted the official account at trial.

After his conviction and death sentence, McKinney was appointed the Post-Conviction Defender (PCD) to represent him. The PCD discovered numerous documents which were never turned over to the defense prior to his 1999 trial, including police dispatch and 911 logs that establish a much shorter timeline for McKinney to commit the crime; statements from other witnesses describing a shooter not matching McKinney or his car; and the revelation that the lay eyewitness who testified at trial did not identify McKinney in the first photo lineup she was shown.

A post-conviction hearing was held in early 2006 with forty-two witnesses testifying. McKinney's lawyers argued that he had received ineffective assistance of counsel at both his trial and direct appeal, and that there had been numerous violations of both the Tennessee and U.S. Constitutions. Despite these efforts, on August 31, 2006, McKinney was denied relief by the post-conviction trial judge. A brief in the Tennessee Court of Criminal Appeals was filed in 2007 by the New York Firm Davis Polk appealing the denial of post-conviction relief.

Yesterday, the Tennessee Court of Criminal Appeals ruled in Timothy McKinney's favor concluding that the defendant was “deprived of effective assistance of counsel at both the guilt and penalty phases of the trial. Accordingly, the judgment of the post-conviction court is reversed and the matter is remanded for a new trial.”

20/20 Highlights Innocence Issues for Two Tennessee Death Row Inmates

2010-03-09T10:51:00.003-05:00

On Saturday night, ABC News' 20/20 did a story on the cases of Gary Sutton and James Dellinger, two men who have been on Tennessee's death row since the early 90's. The men were sent to death row based on the testimony of former Tennessee Medical Examiner, Charles Harlan, who was fired and lost his medical license.

The story raises troubling issues about these cases and provides yet more evidence that innocent people are sitting on Tennessee's death row.

Watch the story here. Once you are on the website, to see both parts of the story, look at the column on the right under the date March 5. Then, click on "Inmates on Death Row: Is Harlan to Blame" and next click, "20/20 Confronts Dr. on Charges" You will be amazed by what is revealed.

Regardless of one's position on the death penalty, such troubling cases as these are more evidence of a system that is completely broken and cannot be trusted to always get it right. With alternatives available, why take such risks?

The Case of Gaile Owens: Unequal Justice

2010-03-08T17:26:00.003-05:00

On January 15, 1986, Gaile Owens was sentenced to death for the murder of her husband, Ron Owens, by a jury that did not have all the facts. The jury was never told about the abuse Gaile suffered at the hands of her husband nor did they know about her willingness to plead guilty for a sentence of life in prison. A review of similar Tennessee cases featured recently in the Tennessean demonstrates the disproportionate nature of Gaile’s death sentence. Over the past 25 years, six of the women in these cases have since received full probation or early parole and two others are serving life sentences but are entitled to parole hearings. Only Gaile Owens faces a death sentence after 23 years on death row.

Gaile suffered abuse as a child and ultimately married a man who was also abusive. Her husband not only abused Gaile sexually but also had affairs with other women that he flaunted. Despite this treatment, Gaile did her best to be a good wife and mother. She finally came to a breaking point when she discovered her husband with another woman with whom he had had an extended affair. His response to her was to curse Gaile, throw her against a car, and tell her to stay out of his business.

Gaile takes full responsibility for her actions which led to her husband's death. She understands how much this decision hurt her children and Ron Owens’ friends and family. Because of her remorse and hope to spare everyone involved the pain of a trial, Gaile decided to accept a deal offered by the District Attorney to plead guilty in exchange for a life sentence. However, her co-defendant would not accept a deal. Because the District Attorney wanted them to plead together, the deal was not honored, and she was forced to go to trial.

Because Gaile’s attorneys believed that she was pleading guilty in exchange for a life sentence, they did not prepare, recording only two hours of sentencing investigation—two hours to defend her life. Each of her attorneys believed the other was responsible for the sentencing hearing so neither prepared for it either, spending no time collecting records respecting Gaile’s background and character.

Her attorneys never mentioned the abuse she had suffered even though she told them about it. And, when one of her lawyers argued that Gaile’s allegations of abuse entitled her to some kind of expert inquiry, the trial court refused. With no expert inquiry, no investigation, no document gathering, and no real legal representation, Gaile Owens was found guilty and sentenced to death by a jury who did not know who she was, what she had endured, or why she did what she did.

The legal system never worked for Gaile. Not only were her own trial lawyers unprepared, but she learned during post-conviction proceedings that the prosecution had withheld critical information about Ron Owens’ affairs. The state possessed love letters between Ron Owens and his mistress but withheld these letters from Gaile, leaving her unaware of documented evidence supporting her allegations of Ron’s sexual perversions and her suspicions of his unfaithfulness.

Gaile Owens takes full responsibility for her actions and is deeply remorseful for the pain she has caused. She is seeking what she has always sought—a life sentence. Gaile does not want media attention nor does she want her children and family to be dragged through the media circus that would accompany her execution. Gaile is an exemplary inmate at the Tennessee Prison for Women where she works as a clerk.

Please write to Governor Bredesen and ask him to commute Gaile Owens’ death sentence to life. Letters should be written to Governor Phil Bredesen and sent to:

Governor’s Office
Tennessee State Capitol
Nashville, TN 37243-0001

Call Governor Bredesen at 615-741-2001 or
Email: Phil.Bredesen@tn.gov

Also, check out www.friendsofgaile.com

Texas Judge Says Death Penalty Is Unconstitutional

2010-03-08T15:46:00.002-05:00

Judge Kevin Fine, a Houston Judge from Harris county in Texas, a county that sends more people to death row than any other in the country, ruled in a pre-trial motion in a capital murder case on Thursday that the death penalty is unconstitutional.

Attorneys for John Edward Green Jr. argued Texas' death penalty statute is unconstitutional because it violates their client's right to due process of law under the 5th Amendment since hundreds of innocent people around the country have been convicted and sent to death row and later exonerated.

Judge Fine stated that he believes that innocent people have been executed and goes on to say:

"Are you willing to have your brother, your father, your mother be the sacrificial lamb, to be the innocent person executed so that we can have a death penalty so that we can execute those who are deserving of the death penalty?" he said. "I don't think society's mindset is that way now."

Judge Fine stated that his guidance in making a decision is what has been provided by the U.S. Supreme Court "that places a duty on trial courts to act as gatekeepers in interpreting the due process claim in light of evolving standards of fairness and ordered liberty."

Hear Judge Fine remarks here.

Supreme Court Declines to Hear Tennessee Lethal Injection Challenge

2010-03-02T13:54:00.002-05:00

Yesterday, the U.S. Supreme Court declined to hear the challenge to Tennessee's lethal injection protocol brought by Tennessee death row inmate, Edward Jerome Harbison.

In 2007, District Court Judge Aleta Trauger ruled that Tennessee's lethal injection process did risk torture, violating Harbison's Eighth Amendment rights. She agreed that the current three drug protocol did pose "substantial risk of unnecessary pain" to the inmate. However, the Sixth Circuit Court later overturned the ruling after the U.S. Supreme Court ruled that Kentucky's protocol, which is similar to Tennessee's, is constitutional.

Recently, Ohio has moved to a one drug protocol that does not include the controversial paralytic, pavulon, which is currently used in Tennessee's protocol.

Read more here.

Write-a-Thon at Rhodes College

2010-02-26T15:36:00.002-05:00

Last night, students at Rhodes College hosted their first TADP write-a-thon as part of their “Justice Jam” event. Allison Dove, a senior at Rhodes, organized the write-a-thon and did a tremendous job. Our table was located in the “Lair,” a large building where students gather to eat and hang out. Thirty eight letters were written by Rhodes students to their local legislators asking them to support legislation to abolish the death penalty in Tennessee. We enjoyed lively and stimulating conversations among many students as to the public policy of the death penalty and how it works. The write-a-thon was also a great venue to introduce TADP and our work to the students at Rhodes. I was so impressed by the commitment and passion of many young people who are seriously engaged in fighting for social justice. We at TADP look forward to working more with Rhodes College as we together work to abolish the death penalty in Tennessee.

Kansas Falls One Vote Short in the Senate

2010-02-22T14:19:00.002-05:00

Today, the Kansas Senate failed to repeal the death penalty with a 20 to 20 vote but demonstrated how far the state has come and how close it is to abolishing the death penalty. The bill would have repealed the death penalty, replacing it with life without the possibility of parole. It would not have affected the 10 men currently on Kansas death row.

Republican Senate Vice President John Vratil supported the repeal effort, citing studies demonstrating that the death penalty does not deter crime. He also cited figures that showed decreased murder rates in every state over the past two decades, regardless of whether the state had the death penalty or not.

Republican Senator Carolyn McGinn repeated the call for repeal with assertions concerning the exorbitant costs of the death penalty to cash strapped states: "It costs half a million dollars, or 70 percent more, to try a death penalty case than a non death penalty case and yet the state hasn’t executed anyone since 1965. We’re not executing anybody. Can we use this money to prevent future heinous, horrible crimes? Can we use it to solve cold cases that are up on the shelf for those families who don’t even know who murdered their family member?"

This close vote signals the continuing realization across the country that the death penalty is a failed public policy that takes resources and focus away from real crime prevention measures as well as the real needs of murder victims' families.

Thanks to all those in Kansas who worked so hard to educate and advocate for the repeal of the death penalty. This effort moves Kansas one step closer to abolition and inspires the rest of us to keep on keeping on!

Advocates Speak Out for Gaile Owens

2010-02-11T14:27:00.003-05:00

Channel 5 News featured a story last night about the status of Gaile Owens' case and the increasing number people who support the commutation of her sentence. Owens, who is facing execution for the 1985 murder of her husband, was convicted and sentenced to death though the jury never heard testimony about the abuse she suffered or that she was willing to plead guilty for a life sentence. Because her attorneys believed that she would plead guilty, they spent only 2 hours preparing for her trial.

As more people are becoming familiar with the problems in this case, more people are speaking out for clemency. In particular, advocates for victims of domestic violence are publicly commenting on Gaile's situation, noting the lack of resources and help available for abused women at the time of her husband's murder.

It may be three or four weeks before the Tennessee Supreme Court rules on her case. At that time, either the Court will set an execution date or commute her sentence. The Governor has said that he will not get involved until the courts have completed their process.

TADP will keep you informed of the latest developments and provide you with actions to take once the Court rules.

See the Channel 5 story here.

Student Conference on the Death Penalty 2010

2010-02-09T17:08:00.006-05:00

February 6 has come and gone, and the student conference that we have been preparing for came to fruition on Saturday with approximately 125 students, parents, and professors in attendance. We had an all-time high of 165 people registered, but we could not control the weather, and the snow and rain kept some people home—including our keynote, Diann Rust-Tierney. Despite the minor setback of our Washington D.C., snowed-in keynote, we kicked off the conference with a showing of The Empty Chair, a moving film that documents the responses of four families struggling with the murder of a loved one. Our day then proceeded with two rounds of well-attended workshops. Stacy led the workshop, Death Penalty 101, with the help of Michael McCormick, the 125^th death row exoneree. Our own Denver Schimming and NAMI’s Dixie Gamble provided an informative and thought provoking workshop on mental illness and the death penalty, and our third workshop was led by Shane Truett, one of our SOS speakers. He shared his story about the murder of his brother and his journey from being a proponent of the death penalty to an opponent. All of these educational workshops gave students the opportunity to think hard about capital punishment and ask challenging questions.

After lunch, we heard from Amnesty International’s Southern Regional Director, Jared Feuer, who joined us from Atlanta, GA. He spoke about the death penalty in light of human rights, and used the case of Troy Davis to highlight the errors of the system in regards to innocent people being executed. The U.S. Supreme Court continues to wrestle with the question of whether or not it is unconstitutional to execute a convicted defendant who is actually innocent. Justice Antonin Scalia has does not believe that innocence alone is enough to overturn a death sentence:

This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged “actual innocence” is constitutionally cognizable.

For more Scalia commentary, click here to read his dissent on the Troy Anthony Davis case that went to the U.S. Surpreme Court on August 17, 2009.

To finish the day-long conference, students had the opportunity to attend a lobby training workshop. Questions such as what is lobbying, what are different methods of lobbying, and more importantly, how does one do a visit with a legislator, were all addressed. For comic relief, Stacy and Denver entertained everyone with a role play of “what not to do in a visit.” There is never a dull moment with us, even during lobby training.

Now that the student conference is over, write-a-thons are approaching, and so is Justice Day on the Hill which will take place March 23. Stay tuned for more information.

Gaile Owens' Attorneys Argue for a New Sentence

2010-02-05T15:18:00.003-05:00

Today Gaile Owens' attorneys argued to the Tennessee Supreme Court that her execution date should not be set, and instead, that her death sentence be commuted to life.

Gaile was sentenced to death by a Memphis jury for hiring Sidney Porterfield to kill her husband in 1985. But, the jury never heard testimony concerning the severe abuse she suffered at the hands of her husband nor did the jury know that she was willing to plead guilty in exchange for a life sentence.

Gaile has expressed remorse for her husband's murder and is the only inmate in Tennessee prison history to receive a death sentence after accepting a prosecutor's offer to plead guilty in exchange for a life sentence. Gaile is a model inmate at the Tennessee Prison for Women where she works as a clerk.

A recent review of nine similar cases featured in the Tennessean shows that over the past 25 years, six of the women in these cases have since received full probation or early parole, two others are serving life sentences but are entitled to parole hearings, and only one, Gaile Owens, is facing a death sentence after 23 years on death row.

Now the Tennessee Supreme Court will decide whether to commute Gaile's death sentence to life or set a date for her execution. If they decide to set an execution date, her last hope for clemency will be with the Governor.

We will keep you informed of developments in this case and ways that you can get involved to stop this execution. If Tennessee moves forward with its plans to execute her, she will be the first woman executed by the state of Tennessee since the execution of Eve Martin in 1820.

Gaile's case is yet one more indication of how broken the current death penalty system is. She went to trial with lawyers who were unprepared, recording only 2 hours of pre-trial investigation and no expert assistance--2 hours to prepare for a trial for this woman's life. The national standard is to spend hundreds, if not thousands, of hours investigating such a case before trial. Her case has moved through the entire appeals process without critical issues ever getting addressed. Now that the U.S. Supreme Court has denied to hear her case, she has almost run out of options.

How can the case of a woman who is a victim of severe domestic abuse, was willing to plead guilty, had almost no representation at trial, and has always shown remorse for her actions move all the way through the appeals system with no remedy? Because the system is broken and cannot be trusted to determine who should live and who should die.

Let's hope the Tennessee Supreme Court will remedy this situation and commute Gaile's sentence to life. Stay tuned.

Read the Tennessean article here.

Counting the Cost

2010-02-04T12:52:00.003-05:00

One year ago today at 1:00 a.m., the state executed my friend, Steve Henley. Steve had spent 23 years on Tennessee's death row for the murder of Fred and Edna Stafford, an elderly couple who lived near Steve's grandmother. Steve was convicted and sentenced to death based on the testimony of a co-defendant who made a deal and served only 5 years for his part in the crime.

Given all that Steve had been through over the years, he faced his death with dignity and truly was at peace in those hours and minutes before his execution. I remain grateful for that gift. Some people believe that Steve deserved to be executed for the crimes for which he was convicted. And certainly, the murders were horrid and the suffering of the Stafford family cannot be overstated. I hope that family can find some peace.

And yet, today as I reflect on my experience of last year, I am reminded of those hidden costs of the death penalty that are not often considered. Now, by costs, in this instance, I don't mean literal dollars, though study after study demonstrates that the financial costs of the death penalty system are exorbitant and far more expensive than a system which only utilizes life without parole. But, in this case, I am talking about the human costs that no one wants to talk about, the costs that no one wants to see.

I think of Steve's family today--elderly parents, two sisters, two children, four grandchildren, nieces and nephews. None of these people did anything wrong, and yet they suffered and still suffer the devastating pain that anyone suffers who loses a loved one to homicide. And not only did they suffer the pain of Steve's death, but they suffered for 23 years as they prepared for his death. One year later, the wounds are still gaping as they deal with the lasting effects of Steve's execution.

Then, there are those working in the Dept. of Corrections who we ask to carry out these executions while most of us are asleep. Now, having been there to witness an execution and seeing it with my own eyes, I have no doubt of the mental, emotional, and spiritual trauma that these individuals suffer as a consequence. You cannot witness such a thing, nevermind carry it out, without significant consequences. Former Warden at the Florida State Prison, Ron McAndrew, travels the country sharing his experience of carrying out executions in Florida and of the damage it did to him. He talks about his journey from solid supporter of the death penalty to someone who now advocates for alternatives to execution in order to help with his own healing.

Regardless of how you feel about the death penalty, the fact is that Steve Henley is a free man today. For him, it is over. And yet, it is not over for the rest of us, is it?

It is not over for the Stafford family as no number of executions can ever repair the harm done to them when their loved ones were murdered. It is not over for the Henley family who suffer the mental, emotional, and physical consequences of the ordeal through which they traveled and the grief that they now bear. It is not over for the correctional officers, the Warden, the Commissioner, who are asked to carry out these executions on our behalf, strapping an individual down to a gurney, a person who they may have known for years, and kill him or her. And, it is not over for us. It is not over for us who continue to put our faith in violence to solve our problems or right our wrongs. Because no matter how we try, the violent act of an execution just does not fill the void. Violence doesn't have that power. Such a void is one that only the love of God and our community can ever begin to fill.

And so regardless of what we think or feel about Steve Henley today, let us all remember those living with the grim realities of the death penalty whose continued suffering is all too real and all too costly.

Kansas Legislature Makes Progress Toward Repeal

2010-02-02T12:50:00.003-05:00

On Friday, the Kansas Senate Judiciary committee voted 7-4 for a bill that would repeal the death penalty for crimes committed after July 1. The bill replaces the death penalty with the crime of aggravated murder which comes with a mandatory sentence of life without the possibility of parole. The bi-partisan vote in the Judiciary sends the bill to the full Senate for discussion.

The movement in Kansas on this issue reflects a growing trend across the nation with states acknowledging that the death penalty is a failed public policy which is extremely costly, ineffective, and does not best serve the real needs of surviving family members of murder or the community. We expect to see more promising developments in other states as legislative sessions get underway.

Read more here.

With a Billion Dollar Budget Shortfall, Tennessee Should Consider Death Penalty Repeal

2010-01-26T17:02:00.006-05:00

Tennessee lawmakers began a new session of the General Assembly yesterday facing the challenge of balancing a state budget with what may be a nearly billion dollar shortfall.

The current year’s budget includes a 10 percent reduction in the state budget, though many of those cuts were softened by the $2.2 billion in stimulus money that Tennessee received. And though the State Funding Board has projected that state revenues will modestly increase during the upcoming budget year, this growth will not be nearly enough to make up for the loss of the stimulus funds.

The Governor is asking state agencies for proposals cutting between 6 percent and 9 percent from their spending plans for this budget year. Of particular concern are cuts to vital mental health care programs that are already underfunded.

Given that Tennessee is not alone in its current financial straits, the Death Penalty Information Center recently released a report called Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis. This report not only reiterates the fact that the death penalty system is enormously expensive and wasteful for state budgets with no clear benefits but also includes a newly released poll of 500 randomly selected police chiefs nationwide. In this poll, police chiefs were asked to name one area most important for reducing violent crime. The greater use of the death penalty ranked last among their priorities. Instead, increasing the number of police officers, reducing drug abuse, and neighborhood watch programs, all ranked much higher than the death penalty.

Regardless of one's position on the death penalty, it is time for us to work together and get smart about preventing violence in our communities by investing our limited resources in those initiatives that law enforcement have already told us reduce violent crime.

It is time to repeal the death penalty and use the savings to invest in law enforcement, create more treatment programs, more access to mental health care, and to give murder victims' families the resources that they need in the aftermath of a violent crime.

Read the full report here.

TADP Celebrates Dr. Martin Luther King Jr.

2010-01-20T15:43:00.002-05:00

On Monday, TADP supporters in Nashville gathered with thousands of others on Jefferson Street for the annual MLK Day March and rally at Tennessee State University. The day was warm and spirits were high as we made our way down Jefferson Street together. TADP supporters carried banners that included a quote from Dr. King stating, "I do not think God approves the death penalty."

MLK Day is not only a day to remember and celebrate the legacy of Dr. Martin Luther King, Jr. but also to heed his prophetic call to nonviolence and justice for each member of our society, including those often forgotten or ignored. Too often we celebrate Dr. King without reaffirming our commitment to living out the vision he shared with us--a vision that includes this powerful excerpt from a sermon he gave at the Eutaw Alabama Church during the 1966 Alabama tour and Get-Out-the-Vote campaign:

"The ultimate weakness of violence is that it is a descending spiral begetting the very thing it seeks to destroy. Instead of diminishing evil, it multiplies it. Through violence you murder the liar, but you cannot murder the lie, nor establish the truth. Through violence you murder the hater, but you do not murder hate. In fact, violence merely increases hate. Returning violence for violence multiplies violence, adding deeper darkness to a night already devoid of stars. Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that."

Dr. King realized, as others before him, that the only way to end the cycle of violence is to break that cycle, responding in a different way. Too often those of us who work to end the death penalty are depicted as naive about the realities of violence in our world. But, I would argue that many of us are all too familiar with the destructive effects of violence as among our numbers are murder victims' families, the wrongfully convicted, members of law enforcement, and family members of those on death row or those who have been executed.

All of us, no matter where we are on the issue of the death penalty, want accountability for those who commit violent crime. All of us want to feel safe. All of us want to support murder victims' families and to ensure that their needs are met. All of us who are committed to fairness, justice, equality, and accountability want these things...we are on the same team. And I don't believe any of us want a failed policy that perpetuates violence, may convict the innocent, costs millions more than the alternatives, and makes false promises to victims' families. But I would argue that with the death penalty system, that is just what we've got.

Dr. King knew very well he might not live a long life, and he paid the ultimate price for standing up for what he believed. He was not naive about violence. But, he also knew that there was another way to live together, a way that allows us to respond to killing without becoming killers ourselves.

It is not us against them. It is only us, and working together, we can create a better society and system of justice for everyone. So, no matter how we feel about the death penalty, each one of us has the opportunity to listen to those with whom we disagree, find common ground where we can, and work as a team on those things we all care about. This is a lesson we all can keep learning.

Thank you Dr. King for your courage and your calling.

Abolition Movement Gaining Ground with Conservatives

2010-01-19T10:21:00.003-05:00

Fifteen TADP supporters, including staff, board members, and other activists returned on Sunday from the National Coalition to Abolish the Death Penalty Conference in Louisville, KY. As usual, the conference was packed with workshops and lectures from experts all over the country as well as from exonerees and murder victims family members, all who are working to abolish the death penalty in our country.

This year's conference also included other presenters who, at first, might not seem likely candidates to speak at such a gathering: members of law enforcement as well as conservative ministers and politicians. However, the truth is that this issue of abolition is not a liberal issue, and conservatives and other unusual allies across the country are speaking out and saying so.

Members of law enforcement who presented at the conference confirmed again and again that the death penalty does nothing to deter crime, and in fact, drains resources away from effective crime fighting measures. A detective from New York City said that he became more aware of the ineffectiveness of the death penalty in fighting crime when New York judicially abolished it a few years ago. He said that though most New York law enforcement members were initially concerned about the decision, the death penalty's abolition had absolutely no impact on crime. Furthermore, we were also reminded that New Jersey's murder rate has decreased each year since the abolition of its death penalty in 2007.

Perhaps most striking was the presentation of Senator Roy Brown of Montana, a very conservative politician from that state. He led the fight against the death penalty in Montana in its last legislative session and successfully moved a repeal bill through a Republican-controlled Senate. His opposition to the death penalty comes from his strong, conservative beliefs in a pro-life orientation from conception to natural death, less government involvement in the lives of citizens, fiscal responsibility, and dismantling those government programs that have proven to be inefficient. All of these very conservative ideals apply to the issue of the death penalty.

I came away from the conference encouraged that we can reach across party lines and political ideologies to find common ground on this issue. Regardless of whether a person is opposed to the death penalty on moral grounds, the reality is that when you examine the system beyond the emotion and outrage surrounding a murder, you discover a system that is completely and irrevocably broken. It is unfairly applied, more costly than alternatives, extremely arbitrary, not a deterrent, puts victims' families through years of unnecessary suffering, and risks executing innocent people.

I was so excited to see that the AP did a story on Senator Brown at the conference that was picked up nationwide, including in Nashville. There is still a great deal of work to do, but as Dr. King reminds us, "the arc of the moral universe is long but it bends towards justice."

Read the article here.

More on the Unfairness of Gaile Owens' Death Sentence

2010-01-11T17:32:00.004-05:00

In Sunday's Tennessean, John Seigenthaler--chairman emeritus of the Tennessean and founder of the First Amendment Center in Nashville--had another opinion piece, following up on his piece of a few weeks ago, concerning the case of Gaile Owens, an inmate on Tennessee's death row. In Sunday's article, he had more details about nine similar cases in Tennessee, only one of which resulted in a death sentence: the case of Gaile Owens.

The article not only demonstrates the unfairness of Gaile's sentence (particularly given that she was willing to plead guilty from the beginning) but of the continued arbitrariness of the death penalty in general.

Read more here.