Archive for

2014



New Hampshire House Committee Approves Repeal Bill

On Monday, a key New Hampshire House committee voted to approve a bill to repeal the state’s death penalty by a vote of 14-3 with a number of legislators changing their minds on the issue.  Legislators who voted for the bill cited racial disparities and the influence of murder victims’ families, who shared that they didn’t want more lives taken in the name of their loved ones.

House Majority Leader Stephen Shurtleff, a 30-year veteran in law enforcement, also changed his mind, saying, “I would like to think with age comes wisdom.  So today I will be voting for repeal.” He also added after the vote, “It really is a barbaric practice and the time is now to put it aside, and I think to give somebody life imprisonment so they can think every day about what they’ve done is more of a punishment than ending their life.”

This action came just one day before Washington Governor Jay Inslee put a ban on executions for the rest of his term. Governor Inslee said that the death penalty was just “too flawed” to use and that if given the opportunity, he would sign a repeal bill.

Great work and congratulations to our colleagues in New Hampshire and Washington!

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Washington Governor Suspends Executions

“Equal justice under the law is the state’s primary responsibility. And in death penalty cases, I’m not convinced equal justice is being served,” stated Governor Jay Inslee of Washington today as he announced that he will grant a reprieve in any death case that comes across his desk, effectively instituting a moratorium on executions in the state.

In making his decision, the Governor highlights the high rate of reversals, the exorbitant costs of the death penalty system, the lack of swiftness or certainly for victims’ families, the lack of any credible evidence that the death penalty is a deterrent, and the fact that the death penalty is not always applied in the most heinous cases.

The Governor goes on to say, ” Let me say clearly that this policy decision is not about the nine men currently on death row in Walla Walla. I don’t question their guilt or the gravity of their crimes. They get no mercy from me. This action today does not commute their sentences or issue any pardons to any offender.  But I do not believe their horrific offenses override the problems that exist in our capital punishment system.”

With a system that is just as flawed as Washington, if not more so, wouldn’t Tennesseans be better off to stop the move toward resuming executions and instead, acknowledge just how broken our current system is?  We cannot continue to do nothing to address these flaws…they are not going away and lives are at stake.

Read Governor Inslee’s full remarks here.

Picture from Seattle Post-Intelligencer

Fairly, there are numerous aspects you would like to think about medications. All discount medicaments save money, but few online drugstores offer better deals than other online drugstores. There isn’t anything you can’t order online anymore. Remedies like Deltasone ordinarily is used to treat diseases such as eye problems. Glucocorticoids naturally occurring steroids, which are easily absorbed from the gastrointestinal tract. There are varied drugs for every conditions. Cialis is a remedy prescribed to treat many illnesses. What do you already know about long term side effects of cialis? What consumers talk about how long does it take for cialis to take effect? A general sexual claim among men is the erectile dysfunction. Sexual problems mostly signal deeper problems: low libido or erectile disfunction can be the symptom a strong heartiness problem such as soul trouble. Albeit the erectile dysfunction itself isn’t necessarily dangerous, erectile dysfunction is sometimes one of the early warning symptoms of other underlying soundness conditions that can be so dangerous. Unfortunately nearly all over-the-counter medicines have sometimes dangerous aftereffects, from muscle aches to death. If you buy any erectile malfunction medicaments like Cialis, check with a physician that they are sure to take with your other drugs. Do not take unwanted medications. Take Cialis to your local chemist’s shop which will dispose of them for you.

Tennessee Sets Execution Dates for 10 Men

The Tennessean reported yesterday that Tennessee has officially set execution dates for 10 men.  One of the 10, Nikolus Johnson, has not yet completed his appeals process, which means his execution date of April 22, 2014, is not considered to be “real.” However, the other nine men are facing the all too real prospect of execution beginning on October 7, 2014, with Billy Ray Irick and going through November 17, 2015, with Nicholas Sutton.

This number of executions is unprecedented in our state, which has executed six people since 1960.  Governor Bill Haslam was asked by the Tennessean about the 10  executions.  He said that though the decision didn’t go through him,  he is in agreement with it. “The death penalty has been approved by the state. It’s been our policy. When I ran, I got asked that question and said I will follow what the juries decide.”

Sadly, juries are often not given all the information that they need to make such a decision.  Kelley Henry, an attorney with the Federal Public Defender’s office of Middle Tennessee,  notes in the article that many of “these cases have different stories of ineffective assistance of counsel, of evidence that was suppressed by the state, and stories of trauma and mental abuse that were never presented to a jury or a judge.”

I returned to Nashville yesterday after spending a couple of days in Memphis with Ray Krone, the nation’s 100th death row exoneree and current resident of Tennessee.  Ray spoke to nearly 200 people during his time at Rhodes College and University of Memphis.  At U of M, Ray shared a part of his story that I hadn’t heard before, about one of the jurors at his first trial. This juror’s vote of “guilty” helped to  convict Ray of a crime he didn’t commit and ultimately sent him to death row.  Ray shared about how he and this juror connected  years later at an event in Arizona after Ray was freed by DNA evidence. Ray talked about the mental anguish that this juror experienced over those years, not only because he sent a man to death row but also because he later found out about all the available evidence pointing to Ray’s innocence, evidence that the prosecution did not disclose and that Ray’s first attorney did not investigate.

The death penalty asks 12 citizens to trust that they are getting all the pertinent information to make a life and death decision for another human being from a system that can’t be trusted to give it to them. We know the death penalty system is racially biased. We know that is  stacked against poor defendants. We know that securing convictions can become more important than following up on all the evidence. And yet we still task 12 citizens to decide who lives and who dies.

I hope that Governor Haslam will not be satisfied to rely on what the juries decided in these 10 cases, particularly if the jurors themselves are now saying that they would have made different decisions had they been provided with all the evidence, as some are.  We, the  citizens and leaders of this state, don’t get to wash our hands of these executions by saying, “Well, a jury found them guilty,”  if we can’t trust that the jury was truly informed.  That is simply not good enough when lives are on the line.

Fairly, there are numerous aspects you would like to think about medications. All discount medicaments save money, but few online drugstores offer better deals than other online drugstores. There isn’t anything you can’t order online anymore. Remedies like Deltasone ordinarily is used to treat diseases such as eye problems. Glucocorticoids naturally occurring steroids, which are easily absorbed from the gastrointestinal tract. There are varied drugs for every conditions. Cialis is a remedy prescribed to treat many illnesses. What do you already know about long term side effects of cialis? What consumers talk about how long does it take for cialis to take effect? A general sexual complaint among men is the erectile disfunction. Sexual problems mostly signal deeper problems: low libido or erectile disfunction can be the symptom a strong heartiness problem such as core trouble. Albeit the erectile dysfunction itself isn’t necessarily dangerous, erectile malfunction is sometimes one of the early warning symptoms of other underlying health conditions that can be so dangerous. Unfortunately nearly all over-the-counter medicines have sometimes dangerous aftereffects, from muscle aches to death. If you buy any erectile dysfunction medicaments like Cialis, check with a physician that they are sure to take with your other drugs. Do not take unwanted medications. Take Cialis to your local chemist’s shop which will dispose of them for you.

Tennessee Bill Threatens to Undermine Judiciary

A recent article by Andrew Cohen highlights various bills from across the country in which lawmakers, either because they have forgotten or never really understood the reasoning behind three branches of government, are now attempting to encroach upon the independence of the judicial branch. Cohen highlights a bill from Tennessee that he claims is the most egregious that he has seen thus far.  Bill SB2322 would remove the Administrative Office of the Courts from Judicial oversight and place it under the Treasurer’s office, which falls within by the Executive branch. Thus the Tennessee Supreme Court would no longer “direct” this office but could only “urge” the executive branch to take action. The bill would shut down the judicial disciplinary board, now under the judiciary, and have them also report to the state Treasurer. This would occur only after the review board was stacked with appointees from by the executive and legislative branches. Judges would be prohibited from serving on this board.

Next this bill would dramatically affect death penalty proceedings. Judges would no longer be permitted discretion in vital judicial functions like extending deadlines for filings when necessary to ensure the constitutional rights of the defendant. And, to add insult to injury, lawyers representing indigent defendants would have to reimburse the state if they were found to have rendered ineffective assistance of counsel at trial, making it even more difficult to find court appointed attorneys for these defendants.

As Cohen highlights, not only would these measures but unconstitutional, but they will make the process far more flawed than it already is by rushing the process in ways that only create more room for error.

TADP will continue to monitor this legislation and update you on actions to take to stop it.

Fairly, there are numerous aspects you would like to think about medications. All discount medicaments save money, but few online drugstores offer better deals than other online drugstores. There isn’t anything you can’t order online anymore. Remedies like Deltasone ordinarily is used to treat diseases such as eye problems. Glucocorticoids naturally occurring steroids, which are easily absorbed from the gastrointestinal tract. There are varied drugs for every conditions. Cialis is a remedy prescribed to treat many illnesses. What do you already know about long term side effects of cialis? What consumers talk about how long does it take for cialis to take effect? A general sexual claim among men is the erectile dysfunction. Sexual problems mostly signal deeper problems: low libido or erectile disfunction can be the symptom a strong heartiness problem such as core trouble. Albeit the erectile dysfunction itself isn’t necessarily dangerous, erectile disfunction is sometimes one of the early warning symptoms of other underlying soundness conditions that can be very dangerous. Unfortunately nearly all over-the-counter medicines have sometimes dangerous aftereffects, from muscle aches to death. If you buy any erectile malfunction medicaments like Cialis, check with a physician that they are sure to take with your other drugs. Do not take unwanted medications. Take Cialis to your local chemist’s shop which will dispose of them for you.

Dennis McGuire’s Execution by Suffocation

It took Dennis McGuire a staggering 15 minutes to die as he was executed for the 1989 rape and murder of Joy Stewart. On Thursday, January 16th, at the Southern Ohio Correction Facility in Lucasville, McGuire was given a previously untested lethal injection cocktail resulting in a prolonged period of suffocation. Of those who attended the execution, Alan Johnson of the Columbus dispatch shares the following account:

McGuire started struggling and gasping loudly for air, making snorting and choking sounds that lasted for at least 10 minutes, with his chest heaving and his fist clenched. Deep, rattling sounds emanated from his mouth.

The nature of McGuire’s death is described by many of those present as torture, as the administered combination of  midazolam, a sedative, and hydromorphone, a powerful analgesic, resulted in the symptoms described by Mr. Johnson above, also known as a sensation called “air hunger.” The duration of McGuire’s death and the visible signs of suffering he exhibited are stark indications of Ohio’s failed attempt to cover for the shortage of pentobarbital, the drug used for execution until Ohio ran out of its supply in 2009.

News of McGuire’s execution in Ohio has sparked conversation nationally and comes at a time when other states are actively seeking to repeal the death penalty. Both New Hampshire and Kansas are currently considering bills to end the death penalty.

The links below offer suggestions and ways to become involved in the national response to the events that occurred in Ohio on Thursday.

Take action now.

Photo from Huffington Post.

Fairly, there are numerous aspects you would like to think about medications. All discount medicaments save money, but few online drugstores offer better deals than other online drugstores. There isn’t anything you can’t order online anymore. Remedies like Deltasone ordinarily is used to treat diseases such as eye problems. Glucocorticoids naturally occurring steroids, which are easily absorbed from the gastrointestinal tract. There are varied drugs for every conditions. Cialis is a remedy prescribed to treat many illnesses. What do you already know about long term side effects of cialis? What consumers talk about how long does it take for cialis to take effect? A general sexual claim among men is the erectile dysfunction. Sexual problems mostly signal deeper problems: low libido or erectile disfunction can be the symptom a strong health problem such as heart trouble. Albeit the erectile disfunction itself isn’t necessarily dangerous, erectile dysfunction is sometimes one of the early warning symptoms of other underlying health conditions that can be very dangerous. Unfortunately nearly all over-the-counter medicines have sometimes dangerous aftereffects, from muscle aches to death. If you buy any erectile dysfunction medicaments like Cialis, check with a physician that they are sure to take with your other drugs. Do not take unwanted medications. Take Cialis to your local chemist’s shop which will dispose of them for you.

Top Prosecutor in Memphis Censured in Death Penalty Case

Thomas Henderson, a top prosecutor in the Shelby County District Attorney’s office, has been censured by the Tennessee Supreme Court for his actions in the death penalty case of Michael Rimmer as reported in Saturday’s Commercial Appeal. Henderson, a district attorney in Shelby County since 1976, currently supervises more than 50 trial attorneys who prosecutes felony cases in the county’s 10 criminal courts.

In 1998, Henderson secured a murder conviction and death sentence against Michael Rimmer for the murder of Rimmer’s ex-girlfriend, Ricci Lynn Ellsworth, though her body was never found. She was last seen at the Memphis motel where she worked as a night clerk. Her office showed signs of a struggle. Rimmer had served time for raping and assaulting her and was arrested in Indiana a month after the crime in a stolen car with her blood in the back seat.

In 2004, Rimmer was resentenced to death after an appeals court found that incorrect jury forms were used in his first sentencing.  In 2012, Rimmer was awarded a new trial by Criminal Court Judge James Beasley Jr.

Attorney Kelly Gleason, an assistant with the Office of the Tennessee Public Defender, filed a complaint against Henderson with the Tennessee Supreme Court’s Board of Professional Responsibility in November 2012 alleging misconduct in Rimmer’s case as well as other death penalty cases.

She said that in Rimmer’s case, Henderson failed to tell defense attorneys about both police and FBI records of an eyewitness, an Army sergeant based in Hawaii, who said that he saw two men at the motel around the time of the victim’s disappearance with blood on their hands.  According to the witness, these men  did not match Rimmer’s description. In fact, the witness identified another man, a local felon, in the photo array as one of the men that he saw. He did not select Rimmer’s photo, which was also included in the photo line-up.

The Memphis police identified the felon and his friend, who matched the artist’s sketch of the second man with blood on his hands, but cleared them both. Jailhouse informants said that Rimmer stated he would kill Ellsworth when he got out of prison, and the police and prosecutors were convinced of Rimmer’s guilt.

In preparation for the first trial,  Rimmer’s defense attorneys asked prosecutors about any evidence that might assist in exonerating their client, evidence to which they are entitled by law. Henderson wrote, “the State of Tennessee is now unaware of any evidence which tends to exculpate the defendant of the crime charged against him.”

Again in 2003, when attorneys were preparing for Rimmer’s resentencing hearing, Henderson wrote that, “the state is not aware of any ‘misidentification’ in this case.”

Judge Beasley, in his decision to award Michael Rimmer a new trial,  cited, “a substantial question as to (Henderson’s) honesty, trustworthiness, or fitness as a lawyer,” and found that the prosecutor “purposefully misled counsel with regard to the evidence.” The Judge did not disqualify the rest of the district attorney’s office from the case but ordered a new trial due to ineffective assistance of counsel, who did not thoroughly investigate the evidence which contained the report of the witness statement. Shelby County District Attorney General Weirich wrote in her statement concerning the censure, “Michael Rimmer has been awarded a new trial because his defense attorneys were ineffective, not because of any actions or inactions of the District Attorneys’ General’s office.”

Henderson agreed to plead guilty to a rules violation and accept a public censure, which is basically a symbolic slap on the wrist. Rimmer’s new attorneys are asking that the Shelby county DA’s office be removed from the case.

Today, the Commercial Appeal published an editorial calling for District Attorney General Weirich to remove her office from the case. The editorial, in commenting on Weirich’s assertion that Rimmer was awarded a new trial based on ineffective assistance of counsel and not misconduct by her office, states, “That may be, but the bigger problem is that one of her top prosecutors cheated, in our world -respected judicial system that is intolerable, in our judicial system honesty, integrity and a strict adherence to the rules of court procedure are sacred.”

Sadly, this kind of conduct is not isolated. In fact, other Shelby County death penalty cases were referenced in the original complaint against Henderson, and numerous cases exist of exonerated individuals across the nation sent to prison or death row who were convicted, at least in part, because of such misconduct. A disturbing article by Radley Balko also demonstrates that such behavior is more common than we would like to admit.

How can anyone trust our system to determine who lives and dies when those who are sworn to follow the rule of law bend the rules, and worse,  just don’t tell the truth?  This most recent revelation from the Shelby County DA’s office, a county which sends more people to death row than any other county in our state (40% of death row comes from Shelby County) and is the 13th county nationwide in the numbers of people sent to death row, should be a wake-up call to everyone. We cannot trust this system to make life and death decisions for anyone, particularly when we have alternatives available. Rather than moving to resume executions, this troubling example is another reason why Tennessee should instead be moving to repeal the death penalty.

Picture from About.com

Fairly, there are numerous aspects you would like to think about medications. All discount medicaments save money, but few online drugstores offer better deals than other online drugstores. There isn’t anything you can’t order online anymore. Remedies like Deltasone ordinarily is used to treat diseases such as eye problems. Glucocorticoids naturally occurring steroids, which are easily absorbed from the gastrointestinal tract. There are varied drugs for every conditions. Cialis is a remedy prescribed to treat many illnesses. What do you already know about long term side effects of cialis? What consumers talk about how long does it take for cialis to take effect? A general sexual appeal among men is the erectile malfunction. Sexual problems mostly signal deeper problems: low libido or erectile dysfunction can be the symptom a strong heartiness problem such as heart trouble. Albeit the erectile dysfunction itself isn’t necessarily dangerous, erectile dysfunction is sometimes one of the early warning symptoms of other underlying health conditions that can be extremely dangerous. Unfortunately nearly all over-the-counter medicines have sometimes dangerous aftereffects, from muscle aches to death. If you buy any erectile dysfunction medicaments like Cialis, check with a physician that they are sure to take with your other drugs. Do not take unwanted medications. Take Cialis to your local chemist’s shop which will dispose of them for you.

More Coverage of Death Penalty’s Decline

Even as Tennessee schedules executions for 2014 and 2015, the nation is moving away from the death penalty. A recent editorial in the New York Times discussed the slow demise of the death penalty for a variety of reasons including its arbitrariness,  racial bias, risk of error, and the debacle which is lethal injection.  Richard Dieter of the Death Penalty Information Center echoed its demise in his appearance on MSNBC a few days ago.

The evidence is overwhelming that this system is broken and is falling out of favor with more and more citizens. In 2013, death sentencing was near its lowest level since the 1970’s, and the number of executions dropped close to a 20 year low of 39.  And according to the recently released report from the Death Penalty Information Center, “The 2% Death Penalty,” the death penalty is becoming increasingly isolated.  In fact, only 2% of U.S. counties accounted for the majority of cases leading to executions since 1976 while only 2% of counties are responsible for the majority of today’s death row population and recent death sentencing.  Incidentally, Shelby County (Memphis) had the 13th highest number of people sent to death row out of all the counties in the country.

We can do far more to support victims and reduce crime by using the money and energy now spent in pursuing the death penalty to pursue initiatives that get at the root causes of violent crime and foster healing for families traumatized by murder. We can and must do better.

Fairly, there are numerous aspects you would like to think about medications. All discount medicaments save money, but few online drugstores offer better deals than other online drugstores. There isn’t anything you can’t order online anymore. Remedies like Deltasone ordinarily is used to treat diseases such as eye problems. Glucocorticoids naturally occurring steroids, which are easily absorbed from the gastrointestinal tract. There are varied drugs for every conditions. Cialis is a remedy prescribed to treat many illnesses. What do you already know about long term side effects of cialis? What consumers talk about how long does it take for cialis to take effect? A general sexual appeal among men is the erectile disfunction. Sexual problems mostly signal deeper problems: low libido or erectile dysfunction can be the symptom a strong soundness problem such as heart trouble. Albeit the erectile dysfunction itself isn’t necessarily dangerous, erectile malfunction is sometimes one of the early warning symptoms of other underlying soundness conditions that can be much dangerous. Unfortunately nearly all over-the-counter medicines have sometimes dangerous aftereffects, from muscle aches to death. If you buy any erectile malfunction medicaments like Cialis, check with a physician that they are sure to take with your other drugs. Do not take unwanted medications. Take Cialis to your local chemist’s shop which will dispose of them for you.

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