On the road (to abolition)

American Law Institute Resolves Death Penalty System Is "Intractably" Flawed

2009-11-10T12:23:00.006-05:00

On October 23, 2009, the American Law Institute (ALI) Council voted overwhelmingly, with only a few abstentions, to accept the resolution of the capital punishment matter as approved by the Institute’s membership at the 2009 Annual Meeting in May. The resolution adopted at the Annual Meeting and now accepted by the Council reads as follows:

“For reasons stated in Part V of the Council’s report to the membership, the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.”

The ALI is a highly distinguished and very influential legal institute, that over the years, has composed model statutes and “restatements of the law” in a wide variety of legal fields. A large number of the ALI’s model statutes and “restatements of the law” have been adopted by state legislatures and courts throughout the country as part of a movement over the past 50 years to bring some uniformity to the laws of the different states.

Before Furman was decided in 1972, the ALI had issued a model death penalty statute. When Furman struck down all of the then-existing state death penalty statutes, several states adopted new statutes patterned after the ALI model statute. In 1976, the Supreme Court decided Gregg v. Georgia which approved Georgia’s version of the ALI model statute. Shortly thereafter, virtually all of the death penalty states, including Tennessee, followed suit and adopted their own death penalty statutes patterned after the ALI model.

The ALI model statute provided for bifurcated hearings – guilt and sentencing – along with statutorily defined aggravating and mitigating circumstances and the requirement for juries to consider aggravators vs mitigation in reaching a final sentencing decision. This kind of statute purportedly calls for “guided” or “channeled” sentencing discretion – a supposed compromise between the discretionary statutes struck down in Furman and the strictly mandatory statutes which the Court also held to be unconstitutional in 1976.

Therefore, it is highly significant that the ALI has now withdrawn its model death penalty statute – which provided the template for virtually all of the existing death penalty statutes in our country -- on the grounds that it doesn’t work.

Vanderbilt Law School Hosts Death Penalty Debate

2009-11-05T11:58:00.002-05:00

At noon, on November 9, in Flynn Auditorium at Vanderbilt Law School, two leading death penalty scholars will debate the issue of capital punishment. Ken Hass, professor of sociology and criminal justice at the University of Delaware, and District Attorney, Joshua Marquis of Clatsop Co., Oregon, will argue their positions on capital punishment with attendees choosing the winner of the debate by exiting through designated doors. Law Professor Christopher Slobogin of Vanderbilt will moderate.

Learn more about this event here.

Tennessee Judge Makes History on Cost Ruling

2009-10-29T15:57:00.003-05:00

A new development in the widely publicized trial of Lemaricus Davidson, found guilty this week of the brutal murders of Channon Christian and Christopher Newsom in Knoxville: Judge Richard Baumgartner ruled today for the first time in Knox County judicial history that he will instruct Davidson's jury that it is more expensive to execute Davidson than to give him life without parole.

Baumgartner will cite a 2004 cost study by the Tennessee Comptroller. This is the same study cited by the Comptroller's office in testimony provided to the Death Penalty Study Committee in 2007 in which the comptroller admitted that the 2004 study did not actually account for the full cost of the death penalty system to taxpayers as there is no centralized way to track the data in Tennessee. In other words, the 2004 study does not even get at the actual costs and still shows the death penalty is more expensive.

Regardless of what the jury decides in this case, jurors and citizens alike need to understand that if Davidson receives a death sentence, far more money will be spent on him than if he does not. The question we must ask ourselves is, "With life without parole as an alternative in this case, would taxpayer money be better spent on assistance to victims' families and on effective crime-fighting measures that might prevent such tragedies in the future or on Davidson's execution?"

Read the story here.

Former Texas Governor Changes His Mind on the Death Penalty

2009-10-27T11:19:00.003-05:00

As I was driving to Memphis on Thursday for the Voices on the Death Penalty panel, I was listening to NPR. The topic was Texas Governor Rick Perry's decision to replace members of a state commission investigating the case of Cameron Todd Willingham. Willingham was executed in Texas in 2004 though national arson experts prior to his execution and more since, have stated that there was no arson in this case and that Willingham was wrongfully convicted and executed.

A surprising guest on the program was former Texas Governor and strong supporter of the death penalty, Mark White, who now has serious reservations about the continued use of the death penalty as a public policy. He stated, "There is a very strong case to be made for a review of our death penalty statutes and even look at the possibility of having life without parole so we don’t look up one day and determine that we as the State of Texas have executed someone who is in fact innocent." Governor White said that the Willingham case is one example “of why I think the system is so unreliable.”

I am encouraged by Governor White's acknowledgement that the system cannot be trusted to always get it right and that with less costly alternatives available, we do not need the death penalty. I hope other lawmakers are listening.

Listen to the story here.

Voices on the Death Penalty Panel a Powerful Experience

2009-10-26T13:56:00.003-05:00

Nearly 120 people turned out on a rainy Memphis evening to attend Voices on the Death Penalty: A Dialogue from the Front Lines. For over an hour, attendees heard the powerful stories of those who have been directly affected by the death penalty and why they now are working to end this public policy.

Kathy Kent, a public defender in Memphis, shared her gut-wrenching journey of loss and continued healing since the murder of her brother, Kenny, in the Oklahoma City bombing. She shared her anger and pain but also her conviction that Timothy McVeigh's execution did nothing to bring her peace. In fact, she stated that it only brought the same pain she was experiencing to McVeigh's family--a family who had done nothing wrong.

Joyce House opened her presentation by saying, "When I have done such presentations in the past, I have always carried a picture of Paul with me. Now, I don't have a picture because I have him here!" And indeed, Paul Gregory House, the 132nd exoneree in the nation and the second in Tennessee, was at the panel sitting quietly near his mother in his wheelchair (Paul House pictured above with Joyce House and Stacy Rector) as she told about their frustrating experience of fighting his conviction for nearly 23 years before his release from death row.

Ron McAndrew captivated the audience with his journey from a strong death penalty proponent and warden of Florida State Prison--overseeing executions--to a consultant now working out his mental pain by talking about his experiences and his opposition to the death penalty. His story is profound, and his ability to carry you along with him on his journey makes an impression. Ron leaves listeners with a lot to consider about how the death penalty affects those who are asked to carry it out.

Finally, I gave a presentation about the death penalty in Tennessee--how it is unfairly applied, costly, and risks the execution of an innocent person. I also shared some about my personal journey with Steve Henley.

So many people had questions that we ran out of time, but we hope to replicate this event in other cities across the state. Thanks to our Memphis chapter and to Rhodes College for their fine work in pulling this event together.

New Report Show that States Can't Afford the Death Penalty

2009-10-20T16:27:00.004-05:00

"Thirty-five states still retain the death penalty, but fewer and fewer executions are taking place every year," said Richard Dieter, executive director of the Death Penalty Information Center (DPIC). "But the overall death row population has remained relatively steady. At a time of budget shortfalls nationwide, the death penalty is turning into an expensive form of life without parole." Dieter made these comments to CNN today with the release of a new report, commissioned by DPIC, on the cost of the death penalty.

The study found that death penalty costs can average $10 million more per year per state than life sentences. Increased costs include more security and guaranteed access to lengthy appeals.

In 2007, the Tennessee State Comptrollers office testified to the legislative Committee to Study the Administration of the Death Penalty in Tennessee that the state has no way to know exactly what it is spending on the death penalty as it has no centralized way to track the data. Even so, a 2004 report by the Tennessee Comptrollers office still showed the death penalty system to be more expensive than one which utilizes life without parole as its maximum punishment. As Nashville attorney and author of Tennessee's death penalty statute stated in his own testimony to the Committee, "The death penalty in Tennessee is a luxury item in the budget."

With Tennessee having executed 5 people in the modern era and released 2 who spent more than 20 years each fighting their convictions, is this a policy that we can say is really working for us?

Released with the DPIC study was a privately conducted poll of 500 police chiefs showing that the death penalty ranked last among their priorities for reducing violent crime. Adding more police officers ranked first. Perhaps Tennessee could make such life saving additions to our police departments statewide if we freed up money wasted on the death penalty.

Read the full report here.

Voices on the Death Penalty Panel at Rhodes College

2009-10-16T13:33:00.003-05:00

On Thursday, October 22 at 7:00 at Rhodes College in Memphis, a panel of speakers will share their perspectives on the death penalty. Each of these panelists has been directly touched by this issue in a personal way.

Paul and Joyce House will be there for their first time together speaking in a public forum. Paul was released from death row in 2008 after he served 22 years for a crime that new evidence (including DNA) demonstrated he didn't commit. All the charges against him were finally dropped in May 2009. His mother, Joyce, has been a tireless advocate for her son, speaking to audiences statewide, including many lawmakers, concerning Paul and the problems with Tennessee's death penalty system.

Kathy Kent will also share her personal journey as a murder victim's family member. She is a criminal defense attorney who lives and practices in Memphis, Tennessee, and has been representing indigent defendants for fifteen years. In 1995, Kathy's brother, Ken McCullough, lost his life in the Oklahoma City bombing. He was one of the eight federal agents for whose murders Timothy McVeigh was sentenced to death and executed.

I will also be a member of the panel as director of TCASK (soon to be Tennesseans for Altneratives to the Death Penalty or TADP) but also as the spiritual advisor to Steve Henley, who I visited on death row for nearly 10 years before his execution in February. Having witnessed an execution, an experience I live with everyday, this issue is not only a policy and moral issue for me but a personal one as well.

The final panelist is Ron McAndrew who has spent his career in corrections. He began his career in Florida in 1978 and climbed the ranks to the position of Warden at Florida State Prison. In 1996, Mr. McAndrew oversaw his first execution followed by the execution of two other men, including Pedro Medina whose electrocution went awry causing Medina to catch fire. One year after this experience, Mr. McAndrew was transferred from Florida State Prison to the warden's position at the Central Florida Reception Center. For the past four years, Mr. McAndrew has worked as a prison and jail consultant.

I heard Ron speak last year at the National Coalition to Abolish the Death Penalty conference, and the entire room was spellbound. A longtime supporter of the death penalty, Ron's own journey within the death penalty system has led him now to oppose the continued use of the death penalty in our country. As a former warden, he, as much as anyone, understands the realities of violent crime in our communities but does not believe that the death penalty reduces that violence. In fact, the death penalty is only another form of it.

I hope any of you in the Memphis area will be in attendance for this extraordinary event. I can assure you the stories will be ones you won't soon forget.

justice denied, justice delayed

2009-10-07T14:16:00.009-05:00

The story of Cameron Todd Willingham, an almost certainly innocent man executed in Texas, continues to garner national attention. The latest turn of events in the continuing saga of this case only demonstrates the obvious desperation of Texas Governor Rick Perry to keep the truth from coming out.

In 2005, the state of Texas established a commission, the Texas Forensic Science Commission, to investigate allegations of error and misconduct by forensic scientists. Willingham's is one of the first cases the Commission reviewed. Noted fire scientist, Craig Beyler, who was hired by the commission, completed his investigation in mid-August and issued a scathing report. He concluded that the original investigators in the Willingham case had no scientific evidence for claiming an arson occurred and that they ignored evidence that contradicted their theory.

The Texas Forensic Science Commission was scheduled to present its findings in a recent public hearing. But, before the hearing could take place, Gov. Rick Perry replaced three commissioners on the board and appointed Williamson County District Attorney John Bradley as the new chairman of the commission. Bradley’s first act as chairman was to cancel the hearing. This decision to change the board structure so late in the process appears to indicate that Perry's restructuring was actually meant to thwart questions about Willingham’s 2004 execution. Read more here.

On October 2, even as the facts of the Willingham case continue to be revealed, two men were released from Oklahoma’s death row after serving almost 15 years. Yancy Douglas and Paris Powell became the 137th and 138th exonerees from death row when evidence of their wrongful conviction emerged.

You can go to http://www.dpic.org/ for more information concerning these latest examples of justice delayed and justice denied.

Death Penalty Awareness Week

2009-09-30T14:18:00.002-05:00

This week is Death Penalty Awareness Week at Vanderbilt University, hosted by Amnesty International. Last night they kicked off the week with the showing of, At Death House Door. A good crowd showed up to watch the documentary that delves into the story of Carroll Pickett--the former Chaplain for the Texas Department of Corrections. During Pickett's time with the Department of Corrections (1982-1995), he counseled 95 inmates executed by lethal injection. This film, directed by Steve James and Peter Gilbert, documents Pickett's ideological transformation that happens over the course of his work. He goes from supporting to opposing the death penalty in large part because of one specific inmate, Carlos De Luna. Carlos De Luna was executed in 1989 for crime that he probably did not commit. I encourage you all to read the story of Carlos De Luna--the above link will take you to the article the NCADP wrote on this man. At Death House Door is a powerful and moving movie that explores the important issues that surround the debate on the death penalty, including: lethal injection, wrongful conviction, morality and religion.

After the film, three panelists, including our own Stacy Rector, were there to discuss the film with the viewers. There was much discussion on the complex Carroll Pickett himself and the transformation that he went through, as well as the theological and ethical issues that come into play surrounding this issue.

On Thursday, October 1, Amnesty will host Shane Truett, a local attorney whose brother was murdered when Shane was a teenager. He will be speaking on why he is anti-death penalty. This event takes place at 7 p.m. in Buttrick 102.

We hope to see you there!

Shouting From the Rooftops

2009-09-24T14:02:00.002-05:00

In 2006, U.S. Supreme Court Justice Antonin Scalia wrote that there has not been "a single case - not one - in which it is clear that a person was executed for a crime he did not commit. If such an event had occurred in recent years, we would not have to hunt for it; the innocent's name would be shouted from the rooftops."

Please check out the National Coalition to Abolish the Death Penalty's campaign to shout from the rooftops the name of Cameron Todd Willingham as well as our opposition to the continued risk of executing the innocent in our country. With alternatives like life without parole, the risk of executing an innocent person is one we do not have to take.

Please watch the video clip available on the site, featuring a number of death row exonerees, including Ray Krone, who will be speaking at Belmont University in Nashville in December.

Article on Innocence with Tennessee Connections

2009-09-21T11:46:00.003-05:00

I am on my way out of the office today but ran across this article and wanted to post it for folks to see.

Read the story here.

Lawyers Plan to Stop Ohio from Second Execution Attempt

2009-09-18T09:34:00.003-05:00

Lawyers for Ohio inmate Romell Broom will file lawsuits to stop the state from a second attempt to execute Broom. On Tuesday, an Ohio execution team worked for more than 2 hours trying to find a usable vein for the lethal injection process to proceed and finally stopped when Governor Ted Strickland intervened, giving Broom a week-long reprieve.

Read more here.

Ohio Execution Delayed Because of Vein Trouble

2009-09-16T13:57:00.004-05:00

I saw this story when I got to the office this morning, and I was sickened by what I read.

Yesterday, Ohio Governor Ted Strickland gave 53-year-old death row inmate, Romell Broom, a week long reprieve when Broom's execution team could not find a vein in his arm after working on him for more than two hours.

The team began to look for a vein in Broom's arm around 2 p.m. and finally stopped around 4:30 p.m. At one point, Broom tried to assist the team in finding a vein. After at least one attempt, he covered his face, appearing to sob.

A medical evaluation Monday determined that veins in Broom’s right arm appeared accessible, while those in his left arm were not as visible.

Problems with the execution process are not new to Ohio. Delayed executions in 2006 and 2007 led to changes in Ohio’s lethal injection process. Obviously, grave problems still exist.

I know that there are some who are not particularly concerned with the mental and physical anguish that Broom experienced yesterday and will experience again as he faces another execution attempt. Of course, the victim of his crime, Tryna Middleton, suffered immensely as well. And yet, I continue to be amazed that we, as a society, condemn his violence by inflicting violence upon him. To what end?

And yet, even for those who don't care about Broom's suffering, imagine the suffering of those in that room yesterday, attempting to find a vein in his arm? Imagine the mental anguish that they experienced whether they admit it or not. And now, they have to try it all over again.

The death penalty asks that those working in Corrections do our dirty work for us, and as a result, suffer the mental and emotional consequences of it. It must hard enough for members of an execution team when the process goes as planned, but this? I can't imagine it.

Now having personally experienced an execution, I cannot fathom the trauma yesterday's events caused to those who were participating or witnessing it and will have to go through again. There are alternatives that can protect society and spare so many people from scenes such as the one yesterday in Ohio.

Read the story here.

NPR featured this story on Sept. 16. Listen here.

Tennessee Bar Journal Features Story on Death Penalty Study Committee

2009-09-11T14:10:00.002-05:00

Long time criminal defense attorney and former director of the Tennessee Justice Project, Bill Redick, authored the cover story of the most recent edition of the Tennessee Bar Journal with his reflection on the work of the Tennessee Committee to Study the Administration of the Death Penalty. Redick served as a member of the Study Committee that was created by the Tennessee General Assembly in 2007 in order to examine Tennessee's death penalty system for fairness and accuracy.

In the article, Redick revisits various reports through the years concerning the dire condition of Tennessee's death penalty system and outlines a few possibilities for addressing some of the problems. At the end of the article, Redick discusses abolition and why some states have finally determined that the death penalty system is too broken to fix.

Read the article here.

Our Staff : Tennesseans for Alternatives to the Death Penalty

2009-09-01T00:01:00.001-05:00

Stacy Rector, Executive Director

Stacy Rector is a native of Dyersburg, Tennessee, a graduate of Rhodes College and Columbia Theological Seminary, and an ordained Presbyterian minister. She served as the Associate Pastor of Second Presbyterian Church in Nashville for nine years. During her time as a pastor, Stacy served on the board of TCASK, the Restorative Justice Coalition of Tennessee, and was a founding member of the board for the Presbyterian Network to End Homelessness. In October 2006, Stacy became Executive Director of the Tennessee Coalition to Abolish State Killing (TCASK), an organization whose mission is to honor life by abolishing the death penalty. She also currently serves as the chairperson of the Peacemaking committee for the Presbytery of Middle Tennessee.

You can contact Stacy at stacy@tcask.org.

Isaac Kimes, Field Organizer

Isaac is a native of Seattle, WA but moved around often as the son of an Air Force Officer. Isaac graduated from Arizona State University (Go Devils!) with a B.S. in Justice Studies. Isaac joined the TCASK staff in June, 2007. His job: organize TCASK supporters across the state through chapters and educational events like the annual Student Conference on the Death Penalty.

Isaac's career in organizing began with the Arizona Public Interest Reserach Group in the summer of 2006 where he did door-to-door canvassing on issues like water conservation, gay and lesbian civil rights, and protecting our wilderness lands. In the fall of 2006, Isaac coordinated a nonpartisan voter registration and turn out effort for young voters at Arizona State University. The campaign registered over 1500 voters and turned out 5000.

You can reach Isaac at isaac@tcask.org.

Denver Schimming, Organizer

Denver joined the TCASK staff in August, 2008. His job: reach out to members of law enforcement and their respective agencies. He will also be working to expand TCASK's "Sharing our Stories: Murder Victims' Families Speak" program which pairs murder victim's family member with TCASK volunteers to provide presentations on the death penalty from victims' perspectives.

Denver was born and raised in Indiana but has called Nashville his home since 1985. For the last 10 years Denver has been involved in many social justice issues in Nashville, especially in the area of prison reform. Denver serves on the Board of Directors of Dismas House, a transitional halfway house that works with and supports men coming out of prison. Denver has spoken at colleges and universities on the subjects of Felony Disenfranchisement and Alternative Justice. Denver also helps teach the Inside/Out class at the Charles Bass Correctional Facility.

Denver says, "I am so excited and humbled that my life's journey has led me to TCASK and the opportunity to work with such talented, devoted and passionate people."

You can reach Denver at denver@tcask.org.

Katie Mohr, Intern

Katie Mohr joined the TCASK state office in September 2008. She has committed herself to a year of service with the Young Adult Volunteer Program sponsored by the Presbyterian Church (U.S.A.).

Katie says, "Social justice has always been a part of my life and I am excited to see, learn, and help make change happen in TN one day at a time."

You can reach Katie at katie@tcask.org.

New Report Shows Texas Executed a Man in 2004 Who Was Most Likely Innocent

2009-08-31T12:08:00.008-05:00

Some of us are already familiar with the tragic story of Cameron Todd Willingham. In fact, a few years ago, the National Coalition to Abolish the Death Penalty published a resource called "Innocent and Executed" that featured the stories of four men who were most likely innocent and executed--three in Texas and one in Missouri.

A new investigative report shows that Cameron Todd Willingham, who was executed in Texas in 2004, was almost certainly innocent. The report comes three years after the Innocence Project released analysis from some of the nation’s leading forensic experts. These experts found that the core evidence against Willingham was not valid. The Innocence Project also obtained public records showing that Texas officials ignored this evidence in the days leading up to Willingham’s execution.

Willingham was convicted of arson murder in 1992 and was executed in February 2004. His three young children died at a fire in the family’s home. At Willingham’s trial, forensic experts testified that evidence showed the fire was intentionally set. A jailhouse informant also testified against Willingham, and other circumstantial evidence was used against him.

Read more about this troubling case here.

What more evidence do we need to demonstrate that the death penalty system cannot be trusted to always get it right. It is tragic enough that this man lost his children in a fire but then to be convicted of their murders and executed for killing them? It is beyond tragic, and in fact, was completely unnecessary.

What would have happened if Willingham had received a sentence less than death? He would be alive and perhaps, if represented by an attorney with the time and resources to commit to discovering the truth, would be getting out of prison today.

Of course, any wrongfully convicted person spending time in prison for something that he/she didn't do is a travesty of justice, but if a person is still alive, the injustice can be remedied. There is no remedy for Cameron Todd Willingham.

Why with harsh sentences like life without parole do we continue to insist on death? Here is one result of the death penalty in this country--the execution of an innocent man by the very government which was supposed to protect him.

We can do better than this, and we must. Read the story about Willingham in The New Yorker here

Jury Gives Cobbins Life Without Parole

2009-08-27T16:03:00.003-05:00

Last night, a jury sentenced Letalvis Cobbins, the first of 4 defendants to stand trial for the carjacking, rapes, and murders of Channon Christian and Christopher Newsom, the sentence of life without the possibility of parole. Read more here.

In the sentencing hearing, the jury heard a Knoxville psychologist describe Cobbins' history of neglect, abuse, homelessness, beatings, brain injury, substance abuse, and trauma. Cobbins had one period of his childhood until about about age 10 in which he lived with his aunt, upon whose death he lost the only stable figure in his life.

Sadly, I was not surprised by any of the testimony I heard about Cobbins. Tragically, there are many others like him living in our communities all over Tennessee. My parents are both life-long public school teachers, and they have often spoken of children throughout their careers, and sadly more so in the last 10 years, who are on a similar path.

And, my mind begins to spin as I ask myself where we were as a society for all the time Letalvis Cobbins was barely surviving physically and mentally, for all those years when he was developing into a person who could perpetuate such ghastly acts on other people. I am in no way removing responsibility from Cobbins but am saying that if we as a society refuse to acknowledge our own responsibility in this nightmare, then we are not only losing an opportunity, but are also setting ourselves up to reap more painful consequences down the road. Our lack of awareness and inaction about the circumstances of the most "at-risk" in our communities will only lead to more violence and instability if they do not receive the care, attention, and resources necessary for them to learn how to function in society.

When are we going to get serious about dealing with these troubled kids before it is too late, and people like the Christians and the Newsoms are faced with the horrible reality of burying theirs?

I understand the outrage about these crimes. I feel that outrage myself. My hope is that we can channel that outrage into finding the common will to invest our time and our resources into those measures that will help prevent such crimes from happening instead of devoting ourselves to demanding more violence and death.

Life without parole is a very difficult sentence. As a young man, Cobbins will spend the rest of his life locked up in a cage, told what to do and when to do it, with no hope of ever being free. He will die there. No one should be fooled that his is somehow a "light" sentence.

And as I stated before in an earlier posting, we could do to him what he did to Channon and Christopher over and over again, and it would do nothing to change the situation or bring those two young people back. Herein lies the illusion of revenge...that somehow an eye for an eye will even the score. It won't. Nothing will. But instead, as Gandhi reminds us, "An eye for an eye only leaves the world blind."

We do have a choice though. We can choose to act in ways that are in keeping with who we are as civilized human beings, as children of God, and not act toward the perpetrators as they acted toward Channon and Christopher. That is our choice.

And as the news reporter noted, the reality of the death penalty is that it would take years for the sentence to be carried out--years of agonizing waiting, of court appearances, of reliving the crime in the media, years of attention for the perpetrator. With life without parole, it is over. He is in prison, and there will be no parole, no cameras, no attention--just the rest of his life to perhaps come to some kind of realization of the pain he has caused and to seek to become a different person, even if it is behind bars.

There is no good ending to this tragedy. I simply pray that all the hurting, devastated people involved will find some measure of peace--peace which passes all our understanding. That is and will be my prayer.

Reflecting on a Tragedy

2009-08-24T13:42:00.005-05:00

By now, I imagine that most Tennesseans are aware of the trial underway in Knoxville for one of the four people charged in the carjacking, rape, and murders of Channon Christian and Christopher Newsom, a young Knoxville couple, in 2007.

Every aspect of this case is horrific. And frankly, a case such as this keeps the fervor for the death penalty strong as the details are so gruesome and ghastly that one can hardly read or hear about them.

I read the story in the Tennessean yesterday about the first defendant currently on trial, Letalvius Cobbins, who recently took the stand in his own defense. Cobbins pled guilty to rape but not to murder. Though he did apologize for his participation, it was too little too late for the victims' families. Some of his comments, which I won't go into here but you can read about, caused Channon Christian's father to come out of his seat and call Cobbins "a liar." I cannot imagine what that man is going through as he sits in that courtroom everyday and hears the details of this crime over and over again.

I am sure that my blog posting concerning this case will receive many comments--some supportive and others very angry. I get that. Besides all the problems with the death penalty system as a whole including fairness, cost, and accuracy, the core of my opposition to the death penalty actually comes from my faith.

What tends to happen in cases such as this one is that all the energy becomes focused on the perpetrators and what they deserve. The hard truth is that we as a society could do to them exactly what they did to Channon and Christopher over and over again, and it will never bring those wonderful, young people back.

However, I, for one, condemn the behavior of these four perpetrators and never want their terrible actions to dictate my own. Instead, I want to respond in the way I believe that God calls me to, a way which chooses to treat them differently than they chose to treat Channon and Christopher.

Does this mean that there should be no accountability for these four? Absolutely not. Tennessee has life without the possibility of parole and a hard life sentence of 51 years minimum before a person is even eligible for parole. These are real consequences but consequences that don't make me into a killer like them.

TCASK recently made the decision to officially change our organization's name. We will be sharing more about this decision in the days ahead, but the TCASK Board voted on August 15 to change our name to Tennesseans for Alternatives to the Death Penalty. We chose this name for many reasons, one of which is that we want the public to understand that our opposition to the death penalty does not mean that we don't think people need to be held accountable. We believe that those who commit horrible crimes must face up to them. However, we do not think that killing perpetrators solves our problems or truly addresses how or why such things happen.

The questions that come to me over and over as I read about this trial is, "What happened in the lives of these four young people that made them capable of such vile acts? What could we have done as a society to address the warning signs much sooner?" Sadly, I fear such questions may never be addressed in the clamor to see them executed.

Regardless of the outcome of this trial, my prayer is that all the families involved in this nightmare can find some peace and that there will come a day when we no longer need or want the death penalty for anyone.

Troy Davis Gets New Hearing

2009-08-17T13:45:00.003-05:00

Today the U.S. Supreme Court ordered a federal judge in Georgia to consider and rule on the claim of innocence in the murder case against Troy Anthony Davis. The Court told the District Court to “receive testimony and make findings of fact as to whether evidence that could have been obtained at the time of trial clearly establishes [Davis'] innocence.” Only two judges, Scalia and Thomas, dissented.

Read more here.

Congratulations to all those in Georgia and around the world who have worked tirelessly on Davis' behalf.

Yes...The System is Broken

2009-08-13T13:10:00.006-05:00

I recently read a story that appeared as a news report from Channel 6 WATE in Knoxville. The title of the story, "Many Say Tennessee Death Penalty System Broken."

Of course, I was hopeful that the story would cover a number of the many problems highlighted by the Tennessee Study Committee including the lack of adequate defense attorneys and services for those on trial for capital murder, the lack of recorded interrogations, the lack of open file discovery procedures, the disproportionate numbers of those with severe mental illness on death row, the lack of more reliable eyewitness identification procedures, the lack of preservation and proper storage of biological evidence, etc.

Instead the story focused on only one problem the Committee addressed: the length of time that people await execution in Tennessee, an average of 20 years. I am the first to admit that delay is problematic for everyone, particularly for victims' families forced to endure this process as well as for citizens whose tax dollars are spent in years of litigation.

In the report, U.T. Law Professor Dwight Aarons points out that if we were dealing with the issue on the front end when determining whether or not to seek death and sought it less frequently, the time and money saved would be substantial. The reality is that the bulk of the cost with the death penalty comes, not from all the appeals but from the costs of the inital trial, with many defendants getting life sentences anyway after all the money is spent on seeking the death penalty

However, I was bothered by former Sevier County District Attorney General Al Schmutzer's comment "If putting someone in jail deters some people from committing crimes, obviously putting someone to death would deter that many more." Whoa there.

Here is where opinion and fact get confused. Such an assumption is neither obvious nor accurate. The fact is that a recent survey of the top criminologists in this nation released in June of this year show that a full 88% reject the idea that the death penalty is a deterrent to homicide ("Do Executions Lower Homicide Rates? The Views of Leading Criminologis," Northwestern University School of Law's Journal of Cimrinal Law and Criminology by Professor Michael Radelet and Tracie Lacock.)

And, in a brand new study just released by Columbia Law School called, "Execution and Homicide: A Tale of Two Cities," Professors Franklin Zimring, Jeffrey Fagan, and David T. Johnson compare homicide rates in two similar cities, Singapore and Hong Kong, cities whose use of the death penalty is radically different. The bottom line of that study is that over the past 35 years with Singapore executing a high number of people and Hong Kong with no executions in a generation, the homicide rates in both cities were almost the same.

The fact is that the majority of reliable studies on deterrence have shown no deterrent effect.

Here is another fact not mentioned in the article: in the modern era, though Tennessee has only executed 5 people, our state has also released 2 men from death row who were wrongly convicted, Paul House and Michael McCormick, both of whom spent over 20 years each fighting their convictions. What would have happened to them if we sped up the process? Is killing some innocent people just the price we pay for the death penalty? And if so, how does that make us any different as a society than those who we are condemning?

To date, 135 people have been released from death rows nationwide when evidence of their innocence emerged. It seems to me when you are talking about deciding who lives and dies, with these kind of mistakes, speeding things up is a recipe for disaster. With alternatives like life without parole, why do we take such horrible risks with the death penalty.

So, actually General Schmutzer and I do agree: the death penatly system in Tennessee is broken.

North Carolina Legislature Takes a Stand for Justice

2009-08-06T11:49:00.003-05:00

Yesterday, North Carolina's General Assembly approved making the state the second in the country, following Kentucky, to allow attorneys to use statistical data to demonstrate how racial bias factors into the decision of prosecutors to seek or jurors to impose the death penalty.

The Senate voted 25-18 for a measure that the NAACP and other advocates said was needed in a state that has released three black men from death row. Gov. Beverly Perdue is expected to sign the legislation.

People of Faith Against the Death Penalty, in partnership with other advocates, worked tirelessly to get this bill passed.

Stephen Dear, executive director of People of Faith Against the Death Penalty stated:

This is a great spiritual victory for North Carolina, the South, and our whole country. We have passed through the horrors of Jim Crow, through the racial politics of Jesse Helms, and now we have come to acknowledge that racial bias infects our courts over one of the greatest powers citizens give to government, the power to take human life. This is a victory brought by nonviolent social activism, the indomitable spirit and hard work by thousands of people including a scrappy, underfunded, but disciplined coalition of citizens’ groups, and some legislators who decided to stand empowered and do the right thing despite pressure from their political bosses and all in the face of misinformation and additional pressure from some district attorneys

About 700 clergy throughout North Carolina recently called for passage of the NC Racial Justice Act.

TCASK congratulates our colleagues in North Carolina for this monumental step in ensuring that the death penalty system in that state is applied more fairly. However, Dear acknowledged what abolitionists nationwide already know--that though this is a good step, the death penalty system can never be totally fair nor accurate and should be repealed.

Faith statement: Presbyterian Church (U.S.A.) Call to End Capital Punishment

2009-08-01T00:01:00.015-05:00

Presbyterians, guided by Scripture, believe that God has deep concern for those who are held captive or imprisoned. Throughout the Hebrew texts and New Testament, the prophets, and later, Jesus, call attention to those who are languishing in prisons and jails—encouraging followers to visit them, to advocate for them, and to share in their suffering. Presbyterian General Assemblies have demonstrated concern for the imprisoned and those who have been sentenced to death by enacting policy statements over the past forty years beginning in 1959 and continuing in 1977, 1978, and 1985.

Capital punishment is an expression of vengeance which contradicts the justice of God on the cross
--190th General Assembly Presbyterian Church (U.S.A.)

In 1959, the 171st General Assembly issued the statement, "believing that capital punishment cannot be condoned by an interpretation of the Bible based upon the revelation of God’s love in Jesus Christ," the Assembly called on Christians to "seek the redemption of evil doers and not their death," and noted that the "use of the death penalty tends to brutalize the society that condones it."
In 1977, the General Assembly went farther, calling upon its members to "work to prevent the execution of persons now under sentence of death and further use of the death penalty; work against attempts to reinstate the death penalty in state and federal law, and where such laws exist, to work for their repeal; and to work for the improvement of the justice system to make less radical means available for dealing with persons who are a serious threat to themselves and to the safety and welfare of society."

The Presbyterian Church has held a long-standing belief that capital punishment is wrong because it is contrary to God’s plan for humanity, it cheapens the value of human life, and it is not an effective way to reduce crime and violence.
—Clifton Kirkpatrick, Stated Clerk of the General Assembly

In 1985, the General Assembly of the Presbyterian Church (U.S.A.) reaffirmed these earlier positions, declaring, "its continuing opposition to capital punishment." The 212th General Assembly (2000) also reaffirmed the position of the prior assemblies; called for an immediate moratorium on all executions in all jurisdictions that impose capital punishment; and directed the Stated Clerk of the General Assembly to communicate the call for an immediate moratorium and continuing opposition to the death penalty to the President of the United States, representatives in Congress, as well as to governors and legislators of the 37 states with persons awaiting execution.

What You Can Do

Pray for victims of crime and their families, those who have been wrongly convicted, and those on death row and their families.
Educate people in your congregation and community about the Presbyterian Church’s teachings on capital punishment. Talk to your pastor about your church’s involvement.
Advocate by contacting your elected officials and joining together with Presbyterian and other religious and social justice groups.

Groups and resources

Death penalty facts

Approximately 3,300 people are on death row in the US; 89 of them in Tennessee.
Since executions were reinstated in 1977, over 130 death row inmates have been exonerated; 2 in Tennessee.
90% of Tennessee’s death row inmates could not afford to hire their own defense at trial.
Inmates convicted of murdering a white person are more than 3 times as likely to be sentenced to death than those convicted of murdering an African-American.
Capital punishment is a far more expensive system than one whose maximum punishment is life without parole, diverting resources from real crime prevention efforts.
At least 5-10% of those on death row suffer from severe mental illness while at least 100 of those executed since 1977 suffered from some form of mental illness.
A recent survey of former and past presidents of top U.S. academic criminological societies show that 88% of these experts reject the notion that the death penalty acts as a deterrent to murder.

Faith Statement: Catholic Campaign to End Capital Punishment

2009-08-01T00:01:00.013-05:00

Catholic teaching and the death penalty

"I renew the appeal... for a consensus to end the death penalty."
-- Pope John Paul II
St. Louis, MO
1/27/99

Catholic teaching offers a unique perspective on crime and punishment. It begins with the recognition that the dignity of the human person applies to both victims and offenders. It affirms our commitment to comfort and support victims and their families, while acknowledging the God-given dignity of every human life, even those who do great harm.

Catholic teaching on human life begins with the belief that life is a gift from God that is not for us to take away. As it is applied to the death penalty, this teaching is both complicated and clear. The Church has long acknowledged the right of the state to use the death penalty in order to protect society. However, the Church has more and more clearly insisted the state forego this right if it has other means to protect society. Our fundamental respect for every human life and for God, who created each person in His image, requires that we choose not to end a human life in response to violent crimes if non-lethal options are available. Pope John Paul II, the Catechism of the Catholic Church, the Vatican Compendium of the Social Doctrine of the Church, and statements from U.S. Bishops are all clear and consistent that the use of the death penalty ought to be abandoned in our the use of the death penalty ought to be abandoned in our nation because we have alternative means to protect society.

In his encyclical "The Gospel of Life," the Holy Father challenged followers of Christ to be "unconditionally pro-life," willing to "proclaim, celebrate, and serve the Gospel of life in every situation." He reminds us that "the dignity of the human life must never be taken away, even in the case of someone who has done great evil. Modern society has the means of protecting itself, without definitively denying criminals the chance to reform." The cases in which society could not defend itself, according to the Pope, "are very rare if not practically non-existent."

We cannot overcome crime by simply executing criminals, nor can we restore the lives of the innocent by ending the lives of those convicted of their murders. The death penalty offers the tragic illusion that we can defend life by taking life.
-- United States Conference of Catholic Bishops
"A Good Friday Appeal to End the Death Penalty"

In response to the Holy Father’s call to end the death penalty during his January 1999 visit to the U.S., the bishops issued A Good Friday Appeal to End the Death Penalty. They reiterated the Pope’s challenge to "end the death penalty which is both cruel and unnecessary." They concluded that their opposition to the death penalty is about not only the act of killing a guilty person, but also the detrimental effect of institutionalizing violence in our society.

Abolition sends a message that we can break the cycle of violence, that we need not take life for life, that we can envisage more humane and more hopeful and effective responses to the growth of violent crime.

-- United States Conference of Catholic Bishops

Death penalty facts

Approximately 3,300 people are on death row in the US; 89 of them in Tennessee.
Since executions were reinstated in 1977, over 130 death row inmates have been exonerated; 2 in Tennessee.
90% of Tennessee’s death row inmates could not afford to hire their own defense at trial.
Inmates convicted of murdering a white person are more than 3 times as likely to be sentenced to death than those convicted of murdering an African-American.
Capital punishment is a far more expensive system than one whose maximum punishment is life without parole, diverting resources from real crime prevention efforts.
At least 5-10% of those on death row suffer from severe mental illness while at least 100 of those executed since 1977 suffered from some form of mental illness.
A recent survey of former and past presidents of top U.S. academic criminological societies show that 88% of these experts reject the notion that the death penalty acts as a deterrent to murder.

What you can do

Pray for victims of crime and their families, those who have been wrongly convicted, and those on death row and their families.
Educate people in your parish and community about Catholic social teachings and capital punishment.
Advocate by contacting your elected officials and joining together with Catholic and other religious and social justice groups.

Groups and resources

Faith statement: United Methodist Church Call to End Capital Punishment

2009-08-01T00:01:00.008-05:00

The Book of Discipline of the United Methodist Church on the Death Penalty

We believe the death penalty denies the power of Christ to redeem, restore and transform all human beings. The United Methodist Church is deeply concerned about crime throughout the world and the value of any life taken by a murder or homicide. We believe all human life is sacred and created by God and therefore, we must see all human life as significant and valuable. When governments implement the death penalty (capital punishment), then the life of the convicted person is devalued and all possibility of change in that person's life ends. We believe in the resurrection of Jesus Christ and that the possibility of reconciliation with Christ comes through repentance. This gift of reconciliation is offered to all individuals without exception and gives all life new dignity and sacredness. For this reason, we oppose the death penalty (capital punishment) and urge its elimination from all criminal codes.

The United Methodist Church cannot accept retribution or social vengeance as a reason for taking human life. It violates our deepest belief in God as the Creator and Redeemer of humankind.
- The Book of Resolutions of the United Methodist Church, 2004

2006 marks the 50th anniversary of the call by the General Conference of the United Methodist Church for an end to capital punishment in the United States. Since its initial stance, the church has not wavered in its opposition to the death penalty. In opposing executions, the United Methodist Church has repeatedly recognized that the death penalty has no demonstrated deterrent effect and that it is, therefore, in place only for retribution. The church recognizes that such vengeance is inconsistent with the teachings of Jesus Christ and feels that “When another life is taken through capital punishment, the life of the victim is further devalued.” (Book of Resolutions) The Church calls on its members to take overt action to bring an end to capital punishment and guarantees the Church’s support for such efforts.

What You Can Do

Pray for victims of crime and their families, those who have been wrongly convicted, and those on death row and their families.
Educate people in your congregation and community about the United Methodist Church’s teachings and capital punishment. Talk to your pastor about your church’s involvement.
Advocate by contacting your elected officials and joining together with Methodist and other religious and social justice groups.

Groups and Resources

Death penalty facts

Approximately 3,300 people are on death row in the US; 89 of them in Tennessee.
Since executions were reinstated in 1977, over 130 death row inmates have been exonerated; 2 in Tennessee.
90% of Tennessee’s death row inmates could not afford to hire their own defense at trial.
Inmates convicted of murdering a white person are more than 3 times as likely to be sentenced to death than those convicted of murdering an African-American.
Capital punishment is a far more expensive system than one whose maximum punishment is life without parole, diverting resources from real crime prevention efforts.
At least 5-10% of those on death row suffer from severe mental illness while at least 100 of those executed since 1977 suffered from some form of mental illness.
A recent survey of former and past presidents of top U.S. academic criminological societies show that 88% of these experts reject the notion that the death penalty acts as a deterrent to murder.

A Poet Mourns

2009-07-31T11:08:00.002-05:00

On Wednesday's edition of NPR's "Fresh Air" with Terry Gross, poet Kathleen Sheeder Bonanno shares poetry from her new book Slamming the Door Open about the murder of her daughter, Leidy, in 2003. Leidy had just completed nursing school when an ex-boyfriend, angry about their break-up and the fact that Leidy caught him stealing her credit card information, broke into her apartment and strangled her with a telephone cord.

A TCASK board member who was traveling on Wednesday heard the broadcast and called me to say that I needed to hear the story. I finally got a few minutes to listen to it this morning. Kathleen is brutally honest about her own process and the feelings she experienced in the wake of her daughter's murder--feelings that she did not know she was capable of prior to this tragic loss.

I hope you will take the time to listen to this interview and to hear these moving and soulful poems. For those of us who have never experienced the tragedy of a murder in our families, Kathleen's poetry opens up the depth of that pain and hurt in a powerful way for others to glimpse and touch, if only tangentially.

Read the story or hear the interview here.