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.

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