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.

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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.

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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

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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.

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Death Penalty Support Continues to Slip

With 39 executions in 2013, this year marks only the second time in nearly 20 years that the U.S. has executed less than 40 people according to a year end report released by Death Penalty Information Center. These numbers represent about a 10% decline from 2012.

“Twenty years ago, use of the death penalty was increasing. Now it is declining by almost every measure,” said Richard Dieter, DPIC’s Executive Director and the author of the report. “The recurrent problems of the death penalty have made its application rare, isolated, and often delayed for decades. More states will likely reconsider the wisdom of retaining this expensive and ineffectual practice.”

Still with its pursuit of execution dates for at least ten people, Tennessee is moving in the opposite direction of much of the nation. Lt. Governor Ron Ramsey recently had an op-ed in The Tennessean that encouraged the resumption of executions in the state with no acknowledgement of the mounting evidence of flaws throughout Tennessee’s death penalty system. In a 2007 report conducted by Tennessee experts for the American Bar Association, the experts discovered that of 93 guidelines for a fair and accurate death penalty system, Tennessee fully complies with only seven.  Tennessee has released four men from death row after decades of litigation when evidence of their innocence was discovered. These men are free not because the system worked but despite the system’s every effort to keep them on death row.

Lt. Governor Ramsey also fails to mention the expense of the system to taxpayers. Nowhere does he acknowledge that maintaining Tennessee’s death penalty system costs taxpayers millions more than the alternatives of life or life without parole.  As a fiscal, limited government conservative, I would hope Lt. Gov. Ramsey would be concerned with such a bloated, expensive, inefficient system and instead of pushing to resume executions, would push to comprehensively study its cost to the state.

As I travel the state talking to Tennesseans, what I discover is that support for the death penalty is a mile wide and an inch deep.  Tennesseans deserve better than this broken, expensive, ineffective system and more than ever, Tennesseans are moving away from their support of the death penalty.

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You Get What You Pay For

A story in yesterday’s Tennessean described an overburdened and under-resourced public defenders office in Nashville that does not have the ability to defend any more capital cases at this time.

In the story, Assistant Public Defender Mike Engle explained the public defenders’ office currently has just a few attorneys who are qualified to defend capital cases, two of whom are already working on one case and the other who is preparing to retire.  Others at the office are already supervising other public defenders, making it impossible to also take on a death penalty case. Engle referenced the American Bar Association estimation that a typical death penalty case takes upward of 2,000 hours of preparation as it is the most serious and complicated of cases to defend.

Dawn Deaner, Nashville’s public defender, states, “There are maximum caseload standards that are recommended for public defenders in Tennessee. If you apply those standards to the number of cases we handled in fiscal year ’13, we were 22 lawyers short in our office to be able to handle the workload that we have.”

If Tennessee wants the death penalty, the state will have to pay for it. Already our state is spending untold millions on a system that has executed six people in 53 years, and we are still not spending nearly enough to ensure that each defendant has adequate representation at trial. When are we going to figure out that we can’t afford the death penalty?

In the legislative Tennessee Committee to Study the Administration of the Death Penalty that met from 2007-2009, David Raybin, the attorney who wrote Tennessee’s death penalty statute, called the death penalty a “luxury item” in the state’s budget. He told the committee, “if you want to do it right, be prepared to pay for it.”

The state of Tennessee is not prepared to pay for it, and if fact, does not want to  know what we are already paying for it as our state has no centralized method of tracking the comprehensive costs. With alternatives available to us that are less expensive and don’t risk the lives of the innocent, individuals who themselves may have had little defense at trial because of the very issues outlined in this article, why would we continue to utilize the death penalty?

Picture from Wikipedia

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 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 malfunction 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.

Remembering Delbert Tibbs

On November 23, 2013, Delbert Tibbs died at his home at the age of 74.  He was a poet, the Assistant Director of Membership and Training for Witness to Innocence, and a man who spent time on death row for a crime he didn’t commit.

NCADP Executive Director Diann Rust-Tierney wrote this remembrance of Tibbs published today in the Huffington Post.

Rest in peace, Delbert. You will be missed.

Picture by Peter Kramer via Getty Images

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 malfunction. 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 disfunction itself isn’t necessarily dangerous, erectile dysfunction is sometimes one of the early warning symptoms of other underlying heartiness 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 disfunction 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.

Remembering Nelson Mandela

Today as the world celebrates the life of  Nelson Mandela, we at TADP join with so many to honor this great human being and to give thanks for his witness to the power of forgiveness and reconciliation.

After suffering from the oppression and brutality of apartheid in South Africa, enduring unspeakable suffering as his friends and fellow South Africans were murdered and as he himself was locked up for 27 years, Mandela chose another way. He saw the viciousness of the cycle of violence and retribution and understood that if he pursued such a course as President, his country would be awash in more blood.  Instead, he turned toward forgiveness and worked to bring together those who were once called “enemies,” in order that his nation could become a nation that treats all its citizens–no matter who they are–with dignity and equality.

Not long after Mandela’s election to the South African Presidency  in 1994, the nation’s courts abolished the death penalty on June 6, 1995.  In a nation where, during the apartheid regime, state violence and retribution were the norms, the nation followed their leader in choosing another way.

In 2005, I was honored to travel to South Africa and attend the 50th wedding anniversary celebration of Archbishop Desmond Tutu and his wife, Leah, after their daughter Naomi (a member of TADP ‘s Advisory Board) invited me. Nelson Mandela attended the celebration, and I had the opportunity to meet him very briefly. This moment was one of the highlights of my life as his witness continues to inspire me in my work today.

As we all remember and celebrate this great leader, let us also be inspired by his example and work even more diligently to end the death penalty system in the U.S., joining the nation of South Africa as a abolition nation.

Picture from NBC News

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 dysfunction. 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 heartiness conditions that can be very much 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.

“Generations” Show a Huge Success Even as Tennessee Schedules Executions

“I just don’t like killing people.” With those words, singer/songwriter John Hiatt summed up his opposition to the death penalty during last night’s annual Generations Against the Death Penalty Show at 3rd and Lindsley in Nashville.  

In addition to John Hiatt and his daughter, Lilly Hiatt, other performers included parent and son duos Gail Davies and Chris Scruggs; Riders in the Sky’s Ranger Doug and James Green; and Marcus and Levi Hummon playing with their band The Hummons. Dr. Lee Camp of Lipscomb University in Nashville was the emcee for the evening and conducted interviews with Charles Strobel, TADP board member  and murder victim’s family member, as well as Ray Krone, the nation’s 100th death row exoneree.

And though their was a packed house for this amazing event with high hopes for repeal, the headline in today’s Tennessean read, “Tennessee makes unprecedented push to execute 10 killers,” a stark reminder of just how important our work is and how much more needs to be done.  And, though the trend in our nation is clearly moving away from the death penalty with public support at its lowest level since 1972, the state of Tennessee is moving toward execution, though there is clear and convincing evidence that the system in our state is broken and cannot be trusted.

Please join TADP in our efforts to move this state toward repeal. Donate to TADP today and sign up to join our mailing list. Submit letters to the editor to your local papers highlighting the death penalty’s unfair application, exorbitant cost, and risk of executing the innocent.  We need you now more than ever to raise our collective voices, to educate our communities, and to tell our leaders we do not want the death penalty.

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 dysfunction. Sexual problems mostly signal deeper problems: low libido or erectile dysfunction can be the symptom a strong soundness problem such as core 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 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.

Join TADP for Generations Against the Death Penalty Show

Singer-songwriter John Hiatt and his daughter Lilly are among a handful of musical parent and offspring pairings who will perform at the fourth annual Generations Against the Death Penalty benefit concert, Wednesday, Dec. 4, at 3rd and Lindsley.

Concert proceeds benefit Tennesseans for Alternatives to the Death Penalty (TADP), as we seek to honor life by abolishing the death penalty through education and advocating for a public policy change.

The conversation has changed with far more people of all generations and political backgrounds speaking up and saying the death penalty makes no sense. TADP is deeply grateful to these musicians who are providing a night of entertainment and supporting our goal of repealing the death penalty in Tennessee.

In addition to John and Lilly Hiatt, parent and son performers in the lineup include, Gail Davies and Chris Scruggs; Riders in the Sky’s Ranger Doug and James Green; and Marcus and Levi Hummon.

Tickets for the fourth annual Generations Against the Death Penalty concert are $30 for general admission and $75 for VIP seats. The concert is at 7 p.m. Doors will open at 5:30 p.m. Purchase tickets here.

The Generations Show was also chosen by the Nashville Scene for its weekly Critic’s Pick.

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 malfunction. Sexual problems mostly signal deeper problems: low libido or erectile disfunction can be the symptom a strong health problem such as soul trouble. Albeit the erectile disfunction itself isn’t necessarily dangerous, erectile disfunction is sometimes one of the early warning symptoms of other underlying health conditions that can be highly dangerous. Unfortunately nearly all over-the-counter medicines have sometimes dangerous aftereffects, from muscle aches to death. If you buy any erectile disfunction 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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