Yesterday, on the same day that the Illinois legislature voted to repeal that state’s death penalty, Tennessee Governor Phil Bredesen granted clemency to death row inmate Edward Jerome (E.J.) Harbison. Harbison has been scheduled to for execution multiple times in the past few years, most recently February 15, 2011.
In granting clemency in this case, Governor Bredesen stated, “It’s obviously a heinous crime, but when I compare it to others I don’t think it rose to the level of a death penalty crime. So I knocked it down one notch to life without parole. And that’s enough said, I guess.”
In 1983, Harbison, who had never been in trouble with the law before, was convicted in the Chattanooga murder of Edith Russell – an elderly, white woman – during a botched burglary. Although the state claimed the murder was premeditated, Harbison did not carry a weapon. Russell was killed with a vase from her house. While Harbison was sentenced to death, co-defendant David Schreane, whose criminal history included armed robbery and multiple burglaries, accepted a plea and served only six years. Worse still, Harbison’s lawyer never told the jury about Harbison’s background of horrific child abuse nor was the jury told that in adulthood, he assisted his father on handy-man jobs and was caretaker to his mentally disabled sister and girlfriend’s children. Until a few years ago, no one was aware that Harbison’s attorney also represented another man who admitted involvement in the same crime but was never charged– a clear and egregious conflict of interest.
Thankfully, Governor Bredesen recognized that Harbison’s death sentence was not appropriate and that a lesser sentence was warranted. Again, I cannot help but think of the money spent over the last 28 years in attempting to get and maintain this death sentence, when, had Haribson received a life sentence in the beginning, those resources could have been spent supporting the victim’s family and on effective crime prevention measures. What a waste.
TADP applauds Governor Bredesen for his action and for attempting to address the flawed process that led to Harbison’s death sentence. I hope that 2011 brings more attention by citizens and lawmakers alike to the fatal flaws in our death penalty system and empowers us to finally end a policy that serves no one.
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