Category Archives: Capital Punishment

April 23, 2014 · 10:52 pm

Clemency for Arthur Tyler

From Ohioans to Stop Executions:

Urge Governor Kasich of Ohio to grant clemency to Arthur Tyler.

The state of Ohio will execute Arthur Tyler on May 28, 2014 unless the Governor intervenes.

The co-defendant in this case, Leroy Head, has confessed no less than eleven times that he killed the victim, Sander Leach.

Today Leroy Head is a free man while Mr. Tyler awaits the death penalty.

The clemency phase is Mr. Tyler’s last chance to receive a fair sentence. In a case so riddled with doubt and inconsistencies, the Governor would be more than justified to ensure the integrity of our criminal justice system by commuting Mr. Tyler’s sentence.

Write Governor Kasich today and urge him to grant clemency for Arthur Tyler.

See you along the Trail.

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July 16, 2013 · 8:38 pm

1 stayed; 1 scheduled

1 stayed

Amnesty International reports that:

A judge in Georgia has granted Warren Hill a temporary stay of execution to consider a lethal injection question. A petition is still pending before the US Supreme Court on the claim that Warren Hill has “mental retardation” and that his execution would therefore violate the US Constitution. The execution warrant does not expire until noon on 20 July.

Shortly before the execution was to be carried out on July 15, the stay was issued. The hearing is to be held on July 18. If the stay is lifted before the execution warrant expires at noon on July 20, the state could conduct the execution.

1 scheduled

John M. Quintilla, Jr. is scheduled to be executed today in Texas. The execution may have already taken place. I am having trouble finding information. Quintilla was convicted of killing Victor Billings, a former sheriff’s deputy, in a robbery turned violent. Reports are that, along with two others, Quintilla “entered an action amusement center through a partially opened back door, demanded cash from an employee and advised all other patrons to get down on the floor. An adult white male [Victor Billings] attempted to disarm Quintanilla and was fatally shot three times. A second victim, and adult white female, was also shot, but the injury was not fatal.”

My prayers for those who loved Victor Billings and Myra Wright and Joseph Handspike. There can be no defense or justification of their murders.

But the execution of those who commit such acts is not the answer. It feeds the cycle of violence. There has to be a better way.

See you along the Trail.

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July 8, 2013 · 10:44 pm

Last hope to stop execution of Warren Hill

Georgia has set an execution date of 15 July for Warren Lee Hill, Jr. This is not the first time that a date has been set.

Stays have been granted on previous occasions. Questions focus on his mental capacity.

Amnesty International reports that experts who have assessed Hill now say that he has ‘mental retardation’, which would make his
execution unconstitutional. His lawyers are asking the US Supreme Court to step in.

Hill was serving time for the murder of his girl friend, Myra Wright, when he was convicted of killing Joseph Handspike, another inmate, and sentenced to death. There is no question of his guilt.

The question in this case, beyond those in any execution, revolves around Hill’s mental capacity. His IQ is reported to be 70. This raises the question of his mental capacity and his awareness to understand his acts.

The U.S. Supreme Court addressed the issue of capacity in the 2002 decision Atkins. v. Virginia. The American Psychological Association summarizes that decision as follows:

The Supreme Court, in a 6-3 decision, ruled that executions of mentally retarded criminals are “cruel and unusual punishments” prohibited by the Eighth Amendment. The Court cited the growing number of states prohibiting the execution of persons with mental retardation as a reflection of society’s view that offenders considered to have mental retardation are categorically less culpable than the average criminal. The Court also reasoned that it was “not persuaded that the execution of mentally retarded criminals will measurably advance the deterrent or the retributive purpose of the death penalty.”

However, Georgia has a high standard of proof for proving mental retardation: the standard of proving mental incapacitation beyond a reasonable doubt. Georgia does not believe that standard has been met in Hill’s case.

Amnesty International notes that Hill’s lawyers are asking the US Supreme Court to stop the execution. Several US law professors have filed a brief arguing that this is a case in which the Court should take this unusual step of exercising the Court’s power to consider “original habeas petitions” (in exceptional circumstances to take a case brought directly to it rather than on appeal from a lower court).

Amnesty International asks that those concerned about this case write immediately – before 15 July – to the Attorney General of Georgia. Letters should:

  • Note that  all seven experts who have assessed Warren Hill now agree that he has mental retardation, which would render his execution unconstitutional; and
  • ask the Attorney General to concede this and to support the petition for Supreme Court intervention.

The Honorable Sam Olens, Attorney General of Georgia
40 Capitol Square, SW
Atlanta, GA 30334, USA
Fax: +1 404 657 8733
Email: AGOlens@law.ga.gov
Salutation: Dear Attorney General

Copies of the letter should go to:
Governor Nathan Deal
Georgia State Capitol
Atlanta, GA 30334, USA
Fax: +1 404 657 7332
Email: http://gov.georgia.gov/webform/contact-governor-domestic-form

I grieve for Myra Wright and Joseph Handspike and for their family and friends.  There can be no defense for Hill’s crimes.

But that is not all the story. What does it say about our society – about us – that we resort to execution in the case of an individual with the mental capacity and awareness of Hill? Can we not find another way?

See you along the Trail.

 

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May 20, 2013 · 11:21 pm

What it is about

Anger fills me, sorrow overwhelms me as I think of the violation and murder of Christine McGowan. In 1990, at the age of ten, in Apopka, Florida, she was raped and strangled. My heart breaks for this precious child of God. I grieve for all who love her.

Elmer Carroll was convicted of the crime. The Orlando-Sentinel reports that “Carroll had two previous convictions for lewd and lascivious assault of a child – in 1980 and 1983.”

The crime is horrific. There is no question of Carroll’s guilt. His execution is scheduled for May 29

As horrifying as his crime is, I oppose the decision of the state of Florida to execute him.

My opposition is not based on what Elmer Carroll did. It is about who I am and who we are. It is about what I do and what we do.

And we can do better than to execute even in the situations that offend us most deeply.

I join Floridians for Alternatives to the Death Penalty who suggest three actions in relation to this case:

  1. Write letters and call Governor Rick Scott. Ask him to convene the Board of Executive Clemency to commute the death sentence of Elmer Carroll to Life in Prison Without the Possibility of Parole. Ask Gov. Scott to suspend ALL executions to conduct a thorough, balanced, and public investigation into Florida’s wasteful government program for the Death Penalty that has wrongfully convicted and sentenced more people to death than any other state.
  2. Sign up to receive future action alerts and news from Floridians for Alternatives to the Death Penalty (FADP) at www.fadp.org/esubscribe.html.
  3. Forward this action to a friend (or five!) and have them contact Governor Scott too!

Gov. Rick Scott
The Capitol
400 S. Monroe St.
Tallahassee, FL 32399
Phone: 850-488-7146
Email: Rick.Scott@eog.myflorida.com

See you along the Trail.

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May 7, 2013 · 10:38 pm

Stay in Mississippi; execution in Texas

In a reversal of an April decision, the Mississippi Supreme Court voted 8-1 to grant a reprieve “until further order” to Willie Manning, who was convicted in 1994 of murdering two college students. The stay came about four hours before the today’s scheduled execution.

The court did not explain its decision or put a time limit on the reprieve. The U.S. Justice Department had sent letters to  officials involved in the case raising questions about the degree of certainty expressed by F.B.I. forensic experts at Manning’s original trial.

Hopefully this stay will offer an opportunity for the DNA testing that the Innocence Project and others call for in this case. Testing all the evidence seems an absolute minimum standard in capital cases.

I grieve for those who love Jon Steckler and Tiffany Miller, of whose murders Manning is convicted. An execution will not bring them back.

At 6:32 p.m. CDT, in Huntsville, Texas, Carroll Joe Parr died from a lethal dose of pentobarbital administered by the state. Parr stood convicted of the murder of 18-year-old Joel Dominguez. Although Parr denied the killing, evidence against him was strong.

Parr reportedly endured an abusive childhood. His criminal record included convictions on drug-related charges and alleged links to other crimes.

I grieve for the family and friends of Joel Dominguez.

But an execution demeans us all and perpetuates a cycle of violence. There has to be another way.

See you along the Trail.

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May 4, 2013 · 5:08 pm

The clock runs for Willie Manning

I ask you to join me in calling on Mississippi Governor Phil Bryant to stay Willie Manning’s execution and order DNA testing!

The state of Mississippi has set May 7 as the execution date for Willie Manning.

I do not know if Willie Manning committed the acts for which he stands convicted. But I believe it is utterly unconscionable to execute him without examining all the possible evidence.

The Innocence Project notes:

DNA testing can provide definitive proof of guilt or innocence. As the dissenters on the Mississippi Supreme Court noted, it could also identify the person responsible for the crime. Testing in this case will provide surety that Mississippi is not committing a travesty of justice by executing an innocent man.

I do not know if Willie Manning is guilty. Do the test and see what it reveals.

I do not know about all the utterly unconscionable acts and travesties of justice occur daily. I cannot know about them all. I cannot stop them all. I grieve for that.

What I do know is that the state plans to execute Willie Manning on May 7. And evidence remains untested. And that is wrong.

So I call on Mississippi Governor Phil Bryant to stay Willie Manning’s execution and order DNA testing. I encourage you to do the same.

See you along the Trail.

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April 29, 2013 · 10:37 pm

Governor Bryant – test the evidence

I do not believe in capital punishment. I believe the state should not kill. But, if the state does, then the state has an awesome responsibility. That includes being as certain as possible that no available evidence should go unexamined and untested.

In that spirit, I have asked Mississippi Governor Phil Bryant to stay Willie Manning’s execution and order DNA testing of crime scene evidence. You can too.

The Innocence Project writes about the case:

Willie Manning is on death row in Mississippi, awaiting execution for the abduction and murder of two college students in 1992. He was convicted on circumstantial evidence, including the testimony of a jailhouse informant who had previously given a statement implicating another person. No physical evidence has ever linked Willie to the crime, and he has always maintained his innocence. He has been seeking DNA testing of crime scene evidence for years.

Incredibly, the Mississippi Supreme Court ruled in a 5-4 decision that there is “overwhelming evidence of guilt,” so no DNA testing is needed. His execution has been set for May 7th. Eighteen men have been exonerated by DNA testing after being sentenced to death, including Kennedy Brewer of Mississippi. We are asking the Governor to stay the execution and order the DNA testing that will definitively prove Willie Manning’s guilt or innocence. Join us in calling on Mississippi Governor Phil Bryant to stay Willie’s execution and order DNA testing!

My letter has gone. Will you send one?

See you along the Trail.

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March 15, 2013 · 9:26 pm

Maryland poised to end the death penalty

The General Assembly of Maryland voted to repeal the state’s death penalty Friday. This would end a 375-year history of capital punishment. Maryland would become the sixth state in as many years, and the 18th state overall, to abolish capital punishment.

The state Senate vote last week in favor of repeal.  Gov. Martin O’Malley supported the repeal effort.

Reports are that Governor O’Malley will likely will sign the bill next month after the General Assembly session ends. It would take effect October 1.

At the same time, supporters of the death penalty could petition the matter to the 2014 ballot, leaving the question to Maryland voters to decide. In that event, the law would be put on hold until after the election.

For today, however, a step to celebrate!

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February 19, 2013 · 8:50 pm

Execution stayed

The Guardian reports that, for the second time in seven months, convicted murderer Warren Lee Hill, Jr. received a stay of execution in Georgia. In July, the stay came with some 90 minutes to spare. Tonight, reports indicate that only thirty minutes remained before the scheduled execution.

The Huffington Post states they have received the following from Brian Kammer, an attorney for Hill:

“We are greatly relieved that the Eleventh Circuit Court of Appeals has stayed the execution of Warren Hill, a person with mental retardation. All the doctors who have examined Mr. Hill are unanimous in their diagnosis of mental retardation, so there is no question that his execution would have been in violation of the U.S. Supreme Court’s 2002 ruling in Atkins v. Virginia.”

A post on CNN further notes that

The Georgia Court of Appeals acted on an appeal of a challenge to the way the prison handles the lethal injection drugs used in executions, while the federal appeals court issued a stay “ordering a further briefing on the issue of mental retardation,” Kammer said.

It remains to see what will happen as the issues that provided the basis for the stays are explored.

I grieve for Myra Wright and Joseph Handspike who were killed by Warren Lee Hill, Jr., and for their family and friends.  There is no defense for his crimes.

But … The Guardian lists ten reasons not to execute Hill.. One notes that the family of Joseph Handspike opposes the execution. One cites international law. The other reasons explore dimensions of the questions related on Hill’s mental capacity. I agree with them all.

I further believe that violence begets violence. Executions do not reverse horrible crimes. They serve little purpose beyond vengeance. We have alternatives to protecting our society.

See you along the Trail.

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February 13, 2013 · 9:29 pm

Can we seek another way?

An execution always raises questions of morality.

Brutal, horrific crimes that violate our sisters and brothers do so as well.

But when the state kills – on behalf of we the people who are the state – is it a matter of justice? Or revenge? Is it an act of retribution? And is that the best we can do? Do executions make us safer? Do they convey the message that violence is the most appropriate answer to violence? Do they demean us all and fuel a cycle of violence?

The pending execution of Warren Lee Hill, Jr., currently scheduled for February 19 in Georgia, raises all these questions and more.

Hill was serving time for the murder of his girl friend when he was convicted of killing another inmate and sentenced to death. There is no question of his guilt.

The question in this case, beyond those in any execution, revolve around Hill’s mental capacity. His IQ is reported to be 70. This raises the question of his mental capacity and his awareness to understand his acts.

The U.S. Supreme Court addressed the issue of capacity in the 2002 decision Atkins. v. Virginia. The American Psychological Association summarizes that decision as follows:

The Supreme Court, in a 6-3 decision, ruled that executions of mentally retarded criminals are “cruel and unusual punishments” prohibited by the Eighth Amendment. The Court cited the growing number of states prohibiting the execution of persons with mental retardation as a reflection of society’s view that offenders considered to have mental retardation are categorically less culpable than the average criminal. The Court also reasoned that it was “not persuaded that the execution of mentally retarded criminals will measurably advance the deterrent or the retributive purpose of the death penalty.”

However, Georgia has a high standard of proof for proving mental retardation: the standard of proving mental incapacitation beyond a reasonable doubt. Georgia does not believe that standard has been met in Hill’s case.

His attorney and those concerned for Hill are not seeking a pardon. They ask that he be granted clemency and incarcerated for life. The U.S. Supreme Court could prevent Hill’s execution in the next few days.

I grieve for Myra Wright and Joseph Handspike who were killed by Warren Lee Hill, Jr. and for their family and friends.  There can be no defense for Hill’s crimes.

But that is not all the story. What does it say about our society – about us – that we resort to execution in the case of an individual with the mental capacity and awareness of Hill? Can we not find another way?

See you along the Trail.

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