Fall 1999

Florida: Torture is Still All the Rage
Three Cities in North Carolina Join Moratorium
Illinois Moratorium Update
Moratorium Organizing Contacts
Moratorium Action Calendar
Latest Tally of Moratorium Sign-On's
Model Moratorium Resolution
Why Our Mentally Ill Son in on Texas Death Row
Plea to George W. Bush: "Please don't kill me!"

MORATORIUM NEWS in PDF format

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Allen Lee Davis was electrocuted July 8 in yet another grisly Florida execution.

Upon examining photos from Davis’ execution, one medical expert observed that Davis experienced pain as the mouthpiece pushed up against his nostrils, causing his nose to bleed and suffocating him before the electricity struck his body. Despite the horror movie nature of Davis’ death, Florida Governor Jeb Bush said he is still "convinced that the electric chair is an appropriate way to carry out death sentences in Florida."

The Chair’s Horrific History

This is not the first time that Florida’s 76-year-old electric chair has performed its "job" in a particularly repulsive way. The 1990 electrocution of Jesse Tafero caused flames to burst from his head the instant electricity was applied. According to the Florida Department of Corrections (DOC), the synthetic sponge that lined the electrical head fitting had caught fire. To demonstrate their theory, they put a similar sponge in a kitchen toaster, where it caught fire. Another test was conducted with a fire-resistant sea sponge, using a tub of water to replace the body and a colander for the head. This sponge did not catch fire. As a result of these Frankenstein-like experiments, synthetic sponges were banned.

Despite the ban on synthetic sponges, Pedro Medina’s head erupted into flames during his electrocution in March 1997. Immediately following this second atrocity, prisoner Leo Alexander Jones sued the Florida DOC on the basis that the electric chair constituted cruel and unusual punishment (which is banned by the US Constitution). The Florida Supreme Court imposed a five-month moratorium in 1997 while it considered Jones’ suit.

The court ultimately upheld the chair as constitutional and executions resumed. It did order the DOC to write down their execution procedures, which up until that point had only been relayed by word of mouth. In an particularly cruel mandate, the court ordered Jones to watch the next test of the electric chair.

Unfortunately, official scrutiny of the chair’s use has done little to inform the public. In November last year, Florida voters passed a ballot initiative that wrote death by electrocution into Florida’s State Constitution.

The Debate Goes On

Earlier this year, the Florida DOC hired a structural engineer to evaluate the chair. The inspector determined that the problem was the wooden chair itself. In a morbid twist, he then posed in the chair for a photo, which he plans to use as his Christmas card.

Before Davis’s execution, the State of Florida announced that it had replaced the 72-year-old electric chair with a new one. The DOC did in fact replace the chair with a replica from the DOC museum, but the original electrical anodes that are attached to the victim were not replaced. In the hearing following Davis’s electrocution, Florida Supreme Court Judge Clarence Johnson ruled that the chair did not constitute cruel and usual punishment. Johnson’s 33-page decision read like a medical opinion: " Allen Lee Davis did not suffer any conscious pain while being electrocuted in Florida’s electric chair. Rather, he suffered instantaneous and painless death once the current was applied to him."

The court appears unwilling to intervene no matter how bloody the execution. Contact Governor Jeb Bush and tell him that the electric chair is cruel and unusual punishment!

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On August 2, Durham, North Carolina became the fifth – and largest – city in the nation to call for a moratorium on executions. Durham’s resolution followed two other North Carolina cities – Chapel Hill and Carrboro.

The moratorium movement is growing strong in North Carolina. Prompted by the organizing efforts of People of Faith Against the Death Penalty (PFADP), NAACP-Durham, the ACLU-NC, North Carolina Council of Churches and more than a dozen local congregations have also called for a moratorium on executions. "Moratorium resolutions are being brought before local governments, religious congregations, and other groups throughout North Carolina," says Stephen Dear, executive director of PFADP.

A Model for State Organizing

PFADP has been instrumental in creating pressure for a moratorium. The group is organizing support from North Carolina municipal governments, hoping local endorsements will persuade legislators to pass a moratorium law. "We expect the North Carolina General Assembly to take notice and hear the leaders of North Carolina communities in their call to take a hard look at the death penalty and the problems with it," Dear said. The state legislature has already commissioned a study of the impact of race and mental retardation on its use of the death penalty. Plans are being made to introduce moratorium legislation in the fall.

In April 1998, North Carolinians Against the Death Penalty (NCADP) – a statewide coalition of 13 organizations – sponsored a day long symposium on the American Bar Association’s (ABA) call for a moratorium. Participants included key lawyers in the state, two former Supreme Court justices and death penalty activists. The transcripts are being put into book form this month. Call PFADP (see below) for details.

The growing number of innocent people being released from death row across the country continues give impetus to pass resolutions. A North Carolina Superior Court judge overturned Charles Munsey’s conviction and death sentence this year. In 1996, Munsey was convicted of murder largely on the testimony of one key witness. This witness claimed to hear Munsey confess to the killing in prison, though no documentation places them in jail together. Prosecutors withheld evidence that showed that their witness was lying. Within months of the conviction, Munsey’s brother-in-law confessed to the murder, but the confession was dismissed as incredible by the local sheriff. Munsey has been granted a new trial. Munsey’s story exemplifies the injustice that characterizes the death penalty.

As city councils pass resolutions, the tides are shifting. "The fact that the Durham City Council, in my view, overwhelming supported the resolution is signifying that, yes, we need to look at if the death penalty is being fairly applied," said Mayor Pro Tempore Howard Clement, III, a Republican who proposed the resolution. The support of pro-death penalty officials has been crucial. One council member noted the outpouring of support from the community, particularly the faith community. Another emphasized that because the city is so concerned with crime, it is appropriate for a local city council to voice its opinion on the death penalty.

Are these actions significant in the struggle to bring justice? Duke University law professor James Coleman – a Durham resident and the author of the ABA’s moratorium resolution – says yes: "The Supreme Court has said that the opinion of representatives is what’s relevant in deciding whether the death penalty is constitutionally acceptable to the people of a community." The city council resolutions are also motivating people. As Dear sums it, "People are really excited. I would encourage anyone to pursue a moratorium resolution from their local government. The results have been tremendous here in North Carolina." Can you and members of your community approach your city council with a moratorium resolution? Call or e-mail Equal Justice USA for ideas and organizing materials.

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The release of yet another innocent prisoner in Illinois underscores the failures of the state’s capital punishment process. In May, Ronald Jones was released after being incarcerated almost 14 years – eight of them on death row. For two years, the state had challenged the validity of the DNA tests that ultimately exonerated Mr. Jones, and then it waited almost two more years before admitting it had no case and freeing him.

With the charges against Ronald Jones dismissed, the death row "score" in Illinois is tied: 12 men executed and 12 exonerated. These numbers suggest that if Illinois has not already executed an innocent person, it is bound to do so. In February, Anthony Porter was released after another man confessed to the murders for which Porter came within two days of execution in September 1998. Despite these revelations, the governor has remained silent about proposals for a moratorium and other remedies.

Meanwhile, the Cook County Sheriff’s Office will pay the Ford Heights Four plaintiffs $36 million. Represented by the state’s attorney, the county settled rather than risk a trial with a more costly outcome and more public revelations of prosecutorial and police misconduct. The Ford Heights Four are men who were wrongly convicted of murder in 1978. Two of the four, were sentenced to death. All four were released in 1996 after spending 18 years in prison.

In June, in yet another wrongful conviction case, a DuPage County jury found four police officers and three prosecutors not guilty of perjury and conspiring to obstruct justice in the case of Rolando Cruz. Cruz was released in 1995 because it was discovered that he was innocent of the 1983 rape and murder of Jeanine Nicarico. The police and prosecutors admitted making several mistakes but claimed they did not act purposely to frame Cruz.

Funding for Capital Cases

Public concern about errors in death cases has sparked legislative action. The Illinois Legislature added $10 million for trial representation in capital cases when passing the Capital Crimes Litigation Act in late spring. This marks the first time state money has been dedicated to indigent defense at the trial level in Illinois. But more funding for capital cases alone will not fix the flaws in the death penalty process. Unless standards of competency are established for defense attorneys, the poor quality of representation will persist.

Legislative Hearings

Two public hearings to study Illinois’s death penalty process were held in Springfield and Belleville in August. The hearings are being conducted by the Task Force on the Death Penalty, established in March when the Illinois House passed Resolution 60, urging a temporary halt on executions.

Illinois state representative and Cook County prosecutor Jim Brosnahan is chair of the task force. While he was state’s attorney in Markham County, Brosnahan had filed briefs attempting to block DNA tests for one of the Ford Heights Four men. Immediately before the Springfield hearing, which only four of the 12 task force members attended, Brosnahan made a public statement insisting that abolishing the death penalty is not a possible outcome. He and other pro-death penalty lawmakers clearly believe that systemic flaws can be studied and resolved before another execution takes place. "That doesn’t mean the Task Force may not recommend a moratorium," responded Task Force member Bill Ryan of Westchester, a leader in Illinois moratorium movement.

Meanwhile, the Illinois Supreme Court dismissed Willie Enoch’s final appeal in August. Enoch could face an execution date sometime this fall. Urge Governor Ryan and Chief Justice Adden of the Supreme Court to impose a formal moratorium on all executions:

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MORATORIUM ORGANIZING CONTACTS

Illinois

Illinois Death Penalty Moratorium Committee /
IL Coalition to Abolish the Death Penalty
180 N. Michigan Ave., Suite 2300
Chicago, IL 60601
312-849-2279; 312-201-9760 (fax)
icadp@keynet.com
Aviva Futorian, 773-348-3899
Janet Kittlaus, 847-864-7849
Bill Ryan, 708-531-9923

Nancy Tegtmeir
Illinois Conference of Churches –
Moratorium Committee
615 South Fifth St.
Springfield, IL 62703
217-544-3423
iccnrt@juno.com

Jorge Sanchez
Amnesty International, Midwest Region
53 West Jackson Blvd., Suite 1162
Chicago, IL 60604
312-435-6395
jsanchez@aiusa.org

Maryland

Lorig Charkoudian / Sherry Walker
MD CASE (Coalition Against State Executions)
P.O. Box 39205
Baltimore, MD 21212
410-243-8020
www.mdcase.org
info@mdcase.org;

New York

Sue Porter / Mary Boite / Claire Regan
Reconciliation Network – Don’t Kill in My Name
121 N. Fitzhugh St.
Rochester, NY 14614
716-325-7727
fax: 716-325-6023
judprocom@juno.com

North Carolina

Steve Dear
People of Faith Against the Death Penalty
157-1/2 E. Franklin St.
Chapel Hill, NC 27514
919-933-7567; 919-933-6868 (fax)
www.netpath.net/~ucch/pfadp
sjdear1@aol.com

Pennsylvania

Jeff Garris
Pennsylvania Abolitionists United Against the Death Penalty
P.O. Box 58128
Philadelphia, PA 19102
215-387-6555; 215-769-5408
PAUADP@aol.com

Joan Anderson
Central Pennsylvanians to Abolish the Death Penalty
P.O. Box 4415
Harrisburg, PA 17111-0415
717-232-1943

Texas

Mary Robinson
614 S. First St., #264
Austin, TX 78704
512-326-9168
mrobinson1@austin.rr.com

Dave Atwood
Texas Coalition to Abolish the Death Penalty
3400 Montrose Blvd., Suite 312
Houston, TX 77006
713-520-0300; 713-529-3826
713-942-8146(fax)
dpatwood@igc.apc.org

Colorado

Vicki Mandell-King
Coloradans Against the Death Penalty
PO Box 1745
Denver, CO 80201-1745
303-294-7002; 303-451-7612
303-666-4146(fax)
mkengage@aol.com

International

Magdaleno Rose-Avila
Moratorium 2000
8306 Mills Dr., #607
Miami, FL 33183
305-596-7293; 305-279-4679 (fax)
mavila@gte.net

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September 15 Public hearings on the death penalty, Illinois State Building, Chicago. Moratorium Rallies (1:00 pm on the 15 and 9:00 am on 16) Reception with Helen Prejean (15th). Concert featuring Steve Earle (16). Call 312-849-2279 for details.

September 30-October 3 National Coalition Against the Death Penalty Conference; "The Philadelphia Story." For more information call, NCADP: (202)387-3890.

October 1 Direct action to shut down America’s deadliest D.A, Philadelphia’s Lynne Abraham. For more information contact Pennsylvania Abolitionists: (215)387-6555.

October 12-14 Moratorium organizing conference in New York: "Global Movements Towards an International Moratorium." For more information, call Hands off Cain: (212)813-1334.

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By Lois Robinson

My husband Ken and I are the Co-Directors of HOPE, a chapter of Texas CURE which deals with the issue of capital punishment. I am a retired third grade school teacher, and Ken is a college instructor. We have eight children, 15 grandchildren, and one great-grandchild. We are an average family except that we have a son on Death Row.

Larry was the kind of boy that every mother dreams of having. He was a good student, played in little league, was on the swim team, played drums in the high school band, and would have made Eagle Scout if he hadn’t become ill. By the time he was in junior high, we knew that something was wrong.

At first we suspected drugs, because like most young people of his generation, Larry had experimented with them. We tried to get help for him in Kansas City, Kansas, where we lived at the time. Unfortunately, we did not know of the family history of mental illness, and he was not given a correct diagnosis until several years later after he was discharged from the Air Force.

Larry was first diagnosed as paranoid schizophrenic at Huguley Hospital in Fort Worth when he was 21 years old. Because our insurance no longer covered him, he was discharged. We were told to take him to John Peter Smith County Hospital where he was kept for thirty days and discharged because he was "not violent" and they "needed the bed." When I said, "He has no job, no money, no car, and no place to stay, you can’t just put him out on the street," I was told, "We do it every day. You would be surprised how many schizophrenics are on the streets. Most of them cope very well."

We took him to Veteran’s Hospital in Waco where they kept him for 30 days and discharged him. We were told he was not well and would get worse without treatment but that they couldn’t keep him any longer because he was "not violent" and they "needed the bed." If he became violent, we were told, he could get the long term treatment that everyone agreed he needed. The VA doctors forgot to have Larry sign a release before he left, so we were unable to get medication for him at the Fort Worth Mental Health/Mental Retardation offices. Because of the Privacy Act, none of the doctors or hospitals informed us that he needed his medication every day in order to cope. No one would tell us what to do to help Larry.

The first and only violence he was accused of was killing five people. We were horrified, and we thought he would finally be committed to a mental institution, probably for life. We were wrong. He was arrested, held a year without bail, not given a sanity hearing, and in spite of his medical history, found sane and sentenced to death. In the sixteen years since Larry went to Death Row he has seen a psychiatrist only twice - both times initiated by our family. He has never received any medication or mental health treatment in jail or prison. They do not use any of the newer drugs which really help the mentally ill...

We believe that if people knew the facts, they would insist that all mentally ill persons get the medical help they need. Although most never become violent, the ones who have that potential can only be stopped by preventive treatment. The threat of punishment, even death, means nothing to a psychotic person. You can execute as many of them as you wish, and it will not stop the next one. If we really want to stop these most horrendous crimes, and be safe in our homes and on our streets, prevention is the only answer...

Since Larry went to Death Row we have met many families who have mentally ill, mentally retarded, or brain-damaged relatives in prison. Approximately one-third of the people on Death Row are mentally impaired. There are more of them in jails and prisons in Texas than there are in mental hospitals. Yet programs to treat mental illness would be less expensive than incarceration in prison and much less expensive than execution, which costs over $2 million each. It is a much more cost-effective and humane way to treat our handicapped citizens. The state of Texas is 49th in resources for the mentally ill and yet it is at the very top in prisons and executions.

The U.S. Supreme Court has refused to hear Larry’s case, and his execution date has been set for August 17, 1999. Whatever happens in Larry’s case, we are committed to changing our laws and agencies so that this kind of tragedy does not continue to happen to other people. If telling this story can prevent others from suffering and dying in the future, then all the pain will not be in vain.

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On July 18, Joseph Trevino Jr. became the fifth person in 14 days to be executed in Texas. Trevino’s execution was Governor George Bush’s 100th since he took office in the beginning of 1995.

Since the reinstatement of the death penalty in 1976 Texas has executed 180 people, 100 of them occurred during the Bush administration.

Bush’s presidential campaign may be attempting to cultivate an image of "compassionate conservatism," but the Governor’s approach to one death row prisoner was anything but compassionate. In a recent interview with Talk magazine, Tucker Carson recalls watching Bush mimic Karla Faye Tucker’s plea for life. The governor mocked Tucker by puckering his lips and whining, "Please don’t kill me."

July 18 also marked Bush’s most recent outburst during a press briefing. In response to a rumor that he had used cocaine, Bush complained that his right to privacy had been violated.

There seems to be a double standard here. As Governor of Texas, Bush has repeatedly emphasized the need to crack down on crime. He has been more than willing to trample the rights of death row prisoners by shortening their appeals and speeding up their executions. Yet when it comes to a simple question from the press, Bush is quick to invoke the sanctity of his "rights."

Maybe next time a death row prisoner appeals to Bush to save his or her life, the governor should try a little compassion instead of twisted humor.

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