|Posted by Margo Schulter on September 28th, 2011|
In the immediate wake of the tragic
execution of Troy Davis, killed by the State of Georgia despite serious doubts
concerning his guilt and widespread appeals for clemency even from usual death
penalty supporters, one of the most moving voices was that of Allen Ault, former
Director of the Georgia Department of Corrections, who had himself supervised
and helped carry out executions in Georgia.
"It's one thing to
theorize about it or talk about it abstractly, but when you're in the
death chamber ordering an execution, and even if you… actually believe
somebody isguilty, it's still a very premeditated murder. It's scripted and
rehearsed. It's about as premeditated as any killing you can do."
"It['s] exacting a toll whether you believe they're innocent or they're guilty. You're actually killing somebody.”
"There are people
without conscience, psychopathic type people, some of them politicians, and sadists
who would volunteer. I would hate to see us fall; to be that depraved that they
would let people like that do the execution.”
"I can't see the
justification. If we're just reaping vengeance for somebody, I don't see the
"As the warden of San
Quentin, I presided over four executions. After each one, someone on the staff
would ask: `Is the world safer because of what we did tonight?'
"We knew the answer:
|Posted by Christine Meuris on September 22nd, 2011|
Originally posted on Fair and Unbalanced
Thomas Thompson had been within hours of his execution a year before when a decision by the 9th Circuit Court of Appeals had spared him. This stay was now permanently vacated and once again he was scheduled to die within hours.
My husband had been with him at the prison. Thompson's mother had been there too in the private visiting room, where state procedure allows for a shackled last few hours. Trays of cold cuts and cheeses lay on a table bringing to mind working lunches, staff meetings and birthday parties. Was anyone hungry?
At six o'clock, the visitors including the lawyers were required to leave. A member of Thompson's legal team would come later to be a witness, while the rest worked on.
That is how my husband came to be at the office while the collect call from San Quentin came to our house. Upon accepting the charges I heard for the first time the voice of the man who had occupied so much of my married life, the man who my husband was fiercely trying to protect from the ultimate punishment.
In the summer of 1981, I was a skinny kid in a red and white bathing suit playing in the waves and collecting shells washed up on the sand in Laguna Beach, California. That same summer in that very vacation town an awful situation or plot, depending on how you look at it, was brewing for Ginger Fleishli and Thomas Thompson. By early September of that year, Ginger's body was found wrapped in a sleeping bag in a field.
The man convicted of this crime was now asking me whether my husband was home. No he was not, he was at the office. Did he have the number I asked? He did, and that was all there was to say. What does one say to someone who is keeping a stiff upper lip and who for the second time in a year is staring into the face of death by injection? I stumbled and bumbled, almost saying "good luck" before I said the only thing there was to say, "Goodbye."
I hung up the phone feeling as though the wing of death had brushed overhead, through the fog that blanketed my husband's office, our home and the prison.
Last night, my husband listened to the radio quietly to hear the fate of Troy Davis while I put the kids to bed. This morning I woke to find him going through his morning chores, heavy hearted. The U.S. Supreme Court had cleared the way for Troy Davis' execution and he had been put to death.
A reporter had called my husband in Troy Davis' final hours to ask whether my husband saw any connection between the Thompson and the Davis case. There was so much doubt raised upon appeal about the defendant's guilt. Each man faced a breathtaking stutter-stop journey of temporary defense victories on the way to the death chamber. My husband pointed out these things.
But it is the second thing, common to all cases, this bumpy road of hope and despair while fate hangs in the hands of others that is the final, impossible obscenity of the death penalty and the creepy thing that made our hearts heavy this morning as we got the kids ready for school.
These cases are subjected to level upon level of review in an attempt to ensure that the death penalty is administered properly; states search for ways to kill people that do not set their hair on fire or suffocate them while the are too tightly strapped to writhe; as we do all this, the one thing we cannot do anything about, is the forcing of an otherwise healthy person to stare for years at their untimely death, as they swing between hope and despair.
It is impossible to imagine what this is like, as impossible as finding the right words to say, when a man in this position, in his last hours, calls on the phone.
|Posted by Ana Zamora on |
Mark your calendars, friends: November 6, 2012 will be a day to celebrate. It's the day we're going to end the death penalty in California.
On August 29, 2011, Taxpayers for Justice, a group of law enforcement professionals, crime victim advocates, and individuals exonerated from wrongful conviction, launched the SAFE California Campaign, to put before the voters an initiative that will replace the death penalty with life in prison without the possibility of parole. It has taken years, even decades of work by many of you to get to this point. I know some people thought it might never happen. But it is really happening. And yes, we really can win-with your help.
SIGN UP NOW to join this tremendous and historical effort to end the death penalty. We are actively seeking volunteers to help gather the signatures needed to qualify for the ballot.
Now, a little information about the initiative.
The SAFE California Act will:
The SAFE California Act is an important law because:
|Posted by Stefanie on August 31st, 2011|
Ana has long admired the work of Death Penalty Focus and is honored and excited to join this organization as Program Director. Ana graduated from Mills College in 2005 with a Bachelor's Degree in Political, Legal, Economic Analysis and a Minor in Sociology. Two weeks after graduation, Ana was selected for a job that would really change her life. The California Appellate Project (CAP) hired Ana, as their new Training and Mitigation Coordinator. At CAP Ana had the opportunity to work alongside expert capital defense lawyers and learn about California's dysfunctional death penalty system. After working at CAP for four years, Ana was hired to work with Natasha Minsker at the ACLU of Northern California on their Death Penalty Policy Project. Ana will continue to work with the ACLU's death penalty project part-time. Ana lives in sunny Oakland with her wife, Stacey, and her cat named Turtle.
|Posted by Stefanie on August 24th, 2011|
We are thrilled to report that after 18 years, Damien Echols has been released from death row and Jason Baldwin and Jessie Misskelley have been freed from prison. The three men, known as the West Memphis Three, have always maintained their innocence. Read the New York Times breaking story.
Thank you for standing up for justice and speaking out for the innocent. These victories remind us that we are winning. With your continued activism and financial support, we are confident that the wins will continue.
Thanks to your actions and your support, we know that we will keep bending that arc and we will end the death penalty in our lifetime.
|Posted by Margo Schulter, Guest Blogger on August 11th, 2011|
On August 11, 1977, a fateful day in your life as the Governor of
California and mine as a young activist, I was a guest at the
apartment of my friend Miriam Rothschild in San Francisco, the
very epitome of a devoted volunteer to her community. We knew
each other through our involvement in the Northern California
Coalition Against the Death Penalty, and together watched on
television the drama that was unfolding at the State Capitol.
The members of the Assembly were casting their votes as to
whether or not to override your principled and courageous veto of
Senate Bill 155, a bill which, among other things, restored
capital punishment in California. The moment of truth came when
an Assembly member from the Los Angeles area announced that he
could not disregard the evident wishes of his constituents, and
cast the vote providing a 2/3 majority to enact the bill over
Today, happily, there is another bill making its way through the
legislature to uphold the ethical and human values which you so
courageously defended 34 years ago, and to do so with direct
participation by the voters themselves: Senate Bill 490,
This bill, if enacted and signed by you, will let the people of
California decide at the ballot box in 2012 whether or not to
impose permanent imprisonment or life without parole (LWOP)
as the uniform and consistent penalty for all capital offenses in
California. Under California law, LWOP prisoners are required to
perform labor and thus make restitution to the victims of crimes,
including family members of murder victims, so SB 490 actually
means "LWOP plus restitution," or LWOP+R for short.
How can we hope to abolish the death penalty in California at the
ballot box, after a list of defeats with which we are both
intimately familiar? For example, Proposition 17 in 1972 amended
our State Constitution to overturn a landmark decision of the
California Supreme Court holding capital punishment to be a
"cruel or unusual punishment."
In 1978, urged to go beyond the Legislature's "weak-kneed death
penalty law" passed over your veto the previous year, voters
passed Proposition 7, vastly expanding the range of "special
circumstances" murders subject to death or LWOP.
And in 1986, your appointee Chief Justice Rose Elizabeth Bird and
two of her colleagues were denied confirmation by the voters
after a highly politicized and often acrimonious campaign largely
focused on the Court's reluctance to affirm death sentences.
Given this history, the very idea of "winning at the ballot box"
seems to call for a serious sanity check. During the 25 years
since the calamitous judicial reconfirmation election of 1986,
three trends have been percolating beneath the surface of public
opinion which now give us the momentum to turn the tide.
First, as early as 1989, Professor Craig Haney at University of
California Santa Cruz found through a scientific survey of
eligible California voters that although 79% expressed "support"
for the death penalty, 67% actually preferred the alternative of
LWOP plus labor and restitution (LWOP+R), with only 26% still
preferring the death penalty when this choice was offered. A
follow-up survey in 2009 by Professor Haney and associates showed
very similar results, with 66% "support" for the death penalty
when no alternative was offered, but again only 26% when the
alternative choice was LWOP+R.
The same trend was revealed in a poll just this April by David
Binder Research, in which 63% of Californians surveyed favored a
proposal to convert the sentences of all current Death Row
prisoners -- around 715 -- to LWOP+R. Majorities of Democrats,
Republicans, and Independents supported this measure as a way of
saving a billion dollars every five or six years at this time of
budgetary crisis in our State.
The second trend which has been percolating beneath the surface
for more than two decades is a recognition of the full cost of
the death penalty, fiscal and human, and the devastating
opportunity costs our futile machinery of legal death inflicts on
other law enforcement measures which can effectively reduce crime
and punish its perpetrators more swiftly and consistently.
As early as March 1988, only a year and half after Chief Justice
Rose Bird was forced by voters to leave the Court, Stephen
Magagnini of the Sacramento Bee documented how California could
save $90 million each year by replacing the death penalty with
At that time, Magagnini estimated that at an extra cost of $90
million a year, and assuming the historical rate of about six
executions each year, taxpayers would be paying about $15 million
per execution. Two decades later, to borrow Mahatma Gandhi's memorable
phrase, we can say this estimate was rather a "Himalayan
miscalculation" -- in the low direction!
Since 1977, California has had 13 executions at a cost placed by
federal Ninth Circuit Judge Arthur Alarcon and Loyola Law School
Professor Paula Mitchell at $4 billion. That amounts to about
$300 million dollars per execution, or 20 times what seemed to
Magagnini and others a reasonable estimate in 1988. A report by
Natasha Minsker at ACLU of Northern California nicely sums up the
question of costs, "And today, with California's urgent budget crisis in law
enforcement and victims' services as well as other vital areas,
we simply can't afford this kind of extravagance!"
Getting more cops and homicide investigators on the beat, solving
more "cold case" homicides and improving on the clearance rates
for murder now at only around 50% in many of our counties,
keeping services for victims adequately funded, and "connecting
the dots" to prevent some of these homicides and other violent
crimes -- these are agendas the public can understand. And SB 490
gives them the opportunity to rethink priorities in a situation
the voters didn't have before them in 1972, 1978, or 1986.
Finally, there's a third trend that's been quietly percolating
over these eventful decades: a recognition that LWOP actually
means what it says in California! Over 3700 California prisoners
have received this sentence, with only a handful released because
of the one "escape clause" we should want to keep: later it had
been discovered that they were actually innocent of the offenses
for which they had been convicted. LWOP, like the death penalty,
spells permanent incarceration and death in prison -- but allows
room for correcting the rare but not unknown miscarriage of
Today, 34 years after the fateful passage of SB 155 which you
courageously sought to avert, we are turning the tide: SB 490
points the way to victory through the ballot box. On this day, as
victory is within our sight, we might remember the words of the
late Justice Stanley Mosk, a great California jurist and tireless
public servant under you and your father:
"The day will come when all mankind will deem killing to be
immoral, whether committed by one individual or many
individuals organized into a state."
To these words we may add that many Californians ready to support
the death penalty in the abstract may nevertheless prefer, as
polls have shown for some 20 years, a more swift, reliable, and
cost-effective system of justice based on LWOP+R. Please join us
in reaching out to these citizens, who can become our partners in
victory through SB 490 and the democratic choice it offers.
TO TAKE ACTION IN SUPPORT OF SB 490: CLICK HERE.
|Posted by Stefanie on July 21st, 2011|
Los Angeles Times columnist and radio personality, Patt Morrison, interviewed Donald Heller, author of California's current death penalty statute, on July 16th about why he no longer supports capital punishment. In the interview Heller cites "the enormous toll it [takes] on people involved" including defense lawyers, judges and other players in the system, the high cost and the risk of executing the innocent.
Heller, a former prosecutor, only became vocal about his opposition to the death penalty after the execution of Thomas Thompson in 1998, a man Heller believes was innocent.
He admits, "The way I look at it, what I created can and may already have resulted in the death of an innocent person. And that's pretty heavy."
"The thing I regret most that I cannot change -- except by what I do now -- was drafting the death penalty initiative," Heller laments.
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