Showing posts with label innocence. Show all posts
Showing posts with label innocence. Show all posts

Thursday, 30 April 2015

Is it Possible to Leave Death Row Alive

A death chamber gurney

According to the National Coalition to Abolish the Death Penalty (NCADP) for every ten individuals who have been executed since 1976, one person has been set free. These, to me, are pretty shocking statistics and make me think how many innocent people have actually been wrongly executed. Below are several cases of people who have managed to be walk away from death row. 

McCollum and Brown
Leon Brown and Henry Lee McCollum 

These mentally-retarded half brothers were coerced into confessing to the murder and rape of an 11-year-old girl in 1983. Both received the death sentence, although Leon Brown later had his sentence commuted to life imprisonment. Henry Lee McCollum spent thirty years on death row before DNA evidence linked the murder to another man - who was in prison for a similar crime. In 2014, Henry Lee McCollum and Leon Brown were completely exonerated and released. Before it was found that McCollum was actually innocent, a Supreme Court judge referred to McCollum's 'crime' as the worse of the worse and the reason North Carolina still needed the death penalty. 

Anthony Graves

Anthony Graves

Anthony Graves was sentenced to death in 1994 for allegedly being an accomplice to the murders of Bobbie Davis, her daughter, Nicole and her four grandchildren. There was absolute no physical evidence found to tie Graves to the scene of the crime. In fact, his whole trial relied on the testimony of the 'other man', Robert Carter. In 2000, Carter - who had also been sentenced to death for the murders - confessed all before he was executed. He admitted he had lied about Anthony Graves' involvement. It took another six years before Graves would get a retrial when it was revealed prosecutors during the original trial had deliberately withheld evidence that was favourable to the defence. There was also evidence to show that the prosecution had used false testimony from witnesses. After 18-years in prison, 16 of which had been spent in solitrary confinement - Anthony Graves was released from prison. Today, he plays an active role in helping others potentially locked up for crimes they did not commit. He travels the country sharing his story, as well as serving on the advisory board of the TCADP. 

Randy Steidl

Randy Steidl

Convicted of the brutal murders of a newly-wed couple in 1986, Randy Steidl was sentenced to death. After spending 17-years in prison, 12 of those on death row, Steidl was exonerated of the crime and released. This was due to evidence of police misconduct and fabrication of evidence/testimony. A retrial revealed there was NO evidence to link Randy Steidl to the murders and his release was ordered. Randy Steidl has been an important voice in the movement to abolish the death penalty. He certainly played an important role in the effort to repeal the death penalty in Illionois in 2011. 

These are not all the cases, just the ones that stood out to me. Surely, the fact that there is a high number of exonerations is the sign of a flawed system. Spending any amount of time in prison when you are innocent is wrong, however there is no coming back for someone who is wrongfully executed. So what do you think? are you of the opinion that just one life lost to a 'mistake' is enough to abolish the death penalty? Or do you believe that, while mistakes will be made, it is necessary for the 'greater good'?

Sunday, 14 December 2014

The Law of Parties - Is it Fair?

The Law of Parties is a Felony Murder Rule

                                        
The Law of Parties is Texas' Felony murder rule. It means, that in the eyes of the law, a person can be held criminally responsible for the actions of another if she conspires, aids and abets that person. However, the Law of Parties is different to the Felony Murder Rule in other jurisdictions, especially when it comes to cases where the death penalty is on the table. In essence, in Texas, someone convicted of murder under the Law of Parties can face the death penalty as well as the person who carried out the deed. 

The Texas Moratorium Network led a bill, in 2009, attempting to bring an end to people receiving the death penalty if they were convicted under the Law of Parties. Despite being approved by the Texas House of Representatives, the bill was not passed by the senate. And so, to this day, people are still convicted and sentenced to death under this law, despite not committing the deed. 


Robert Lynn Pruett - He was sentenced to 99 years in prison at the grand old age of 15, after his neighbour was murdered by his father. Because prosecutors decided Pruett's father would not have killed the man had Pruett not incited him by insinuating the man was harassing and verbally abusing him, Robert Pruett was convicted under the Law of Parties. In April 2002, Pruett was convicted of the murder of a prison officer and sentence to death. He is currently appealing his, incredibly shaky, conviction. 


Ray Jasper - Convicted of the 1998 murder of studio boss, David Alejandro. He and two accomplices broke into property owned by Mr Alejandro intending to steal expensive stereo equipment. However, the victim happened upon the three robbers and while Jasper admitted to cutting the victim's throat, he was insistent this was only after his two accomplices delivered over 25 fatal stab wounds to Mr Alejandro. He was convicted under the Law of Parties and sentenced to death in 2000. In March 2014, Ray Jasper was executed by lethal injection. 


Clinton Lee Young - Was sentenced to death under the law of parties after he was deemed as responsible as two co-defendants for the brutal murder of two men for their cars. During the trial, it was Young who was deemed to be the gun man, whereas Young has always denied being the shooter. He is currently in Texas' Polunksy Unit waiting on the results of various appeals. 


So, what is your view of the Law of Parties? Is a 15 year old really responsible for the actions of a grown man? and did he really deserve a full life sentence at such a young age. Or do you think people, such as Jasper and Young, use the Law of Parties, to try and claim their innocence for a crime they actually did commit? 



Many campaigners are against the controversial
Law of Parties. 

Monday, 8 December 2014

The Controversial Execution of Troy Davis

           
Troy Davis


When thinking of the most controversial death row cases, it is hard not to immediately think of Troy Davis. Born in October 1968, Davis was executed by the state of Georgia on September 21st 2011. 

Troy Davis' story starts on August 19th, 1989, when Marc McPhail, a police officer working as a security guard for Burger King was brutally murdered as he jumped to the defence of a man being insulted in a car park nearby. Troy Davis, who up to then had dabbled in petty criminal activity, was arrested soon after. During his trial, no fewer than seven witnesses confirmed they had seen Davis shoot Mr McPhail. Another two witnesses also testified that Davis had made direct confessions to them about McPhail's murder. As well as a total of 34 witnesses, the prosecution had ballistics evidence they claimed implicated Davis as the killer. This was despite no weapon ever being recovered. Rather, bullet casings found at the scene were said to match those found at the scene of another crime for which Troy Davis had been charged. In August 1991, Davis was found guilty of murder, as well as other lesser charges and sentenced to death. 

In the 20 years between Davis' conviction and execution, he did nothing but protest his innocence. As well as Amnesty International and The National Association for the Advancement of Colored People, Davis soon gained support from celebrities and the general public. Former President, Jimmy Carter, Pope Benedict XVI, Desmond Tutu and the former director of the FBI, were just some of the high profile names who were calling for Troy Davies to be granted a new evidentiary hearing. Although Davis was scheduled to be executed in July 2007, September 2008 and October 2008, all were granted a stay not long before the execution took place. In 2009, the U.S District Court for the Southern District of Georgia was ordered by the Supreme Court to acknowledge evidence that proved Troy Davis was innocent of Marc McPhail's murder. This evidence apparently HAD been available at the time of the Davis trial but it hadn't been considered. 

In June 2010, a new evidentiary hearing was held. Troy Davis' defence produced affadavits for seven of the nine people who had originally said they had seen Troy Davis murder the police officer or had listened to his confession. The affidavits confirmed these people had changed or recanted their original statements. In fact, several implicated another person, Sylvestor Coles, as the actual shooter. The very person Troy Davis had spent nearly 20 years saying was the true perpetrator of the crime. Despite this evidence, the original conviction was upheld,with the district court accusing the defence of putting on a "smoke and mirrors" show. It was even inferred that several of the alleged affidavits were not even recantations at all. 

Troy Davis continued to appeal his conviction, all of which were dismissed. Davis was soon given his fourth execution date, September 21st 2011. The Georgia Board of Pardons and Paroles received petitions containing over 1 million signatures asking for Davis to be granted clemency. This wasn't to be however, and Troy Davis was executed by lethal execution and declared dead at 11.08pm on September 21st 2011. 

The Troy Davis case was the second most active event on Twitter in 2011, with around 7671 tweets per second being recorded just before Davis' execution. His funeral was attended by several big names as well as 1000 others. 

The Troy Davis case remains controversial to this day, some three years after his death, with many people believing an innocent man was executed. Unfortunately, the truth is unlikely never to be known but the name Troy Davis is unlikely to be forgotten any time soon.

Troy Davis had huge public support.