The Death Penalty: Troy Anthony Davis

I have avoided posting about the most recent death penalty saga because it becomes such a tedious day by day point by point exercise to follow it closely enough to post at least some what intelligently. But this case has, in my mind, become a case study in the absurdity of not only the death penalty itself but the appeals process following a death sentence as well.

The case is that of Troy Anthony Davis of Georgia. Davis was convicted of murdering an off-duty police officer years ago. Recently, 7 of the 9 original trial witnesses have recanted their testimony and have said they were coerced into lying. There also apparently is little, if any, physical evidence of Davis' guilt. Davis has gone through a number of stays, and has had his death scheduled a handful of times only to see them postponed. Most recently the Eleventh Circuit Court of Appeals stayed the scheduled execution this past Friday. The Supreme Court rejected his appeal a couple of weeks ago. At this point is becoming an absurd round and round exercise.

It almost doesn't even matter any more whether Davis is guilty or innocent. The process is faulty because the penalty is faulty. Government sanctioned killing has no place in 2008 or 1978 for that matter.

Supremes

Child rapists cannot be executed.

Laws making handgun possession illegal are unconstitutional.

Lethal Injection is not "cruel and unusual" punishment.

Foreign detainees have a right to challenge their detention in court.

These are four recent decisions handed down by the Supreme Court. An article in today's New York Times chronicle recent decisions by the court and point out the high number of cases decided by a 5-4 vote. On many major issues one moderate justice, Justice Kennedy has been the swing vote. There are a number of Justices on the court who's age makes them candidates for imminent retirement. Two of them are usually reliable votes for the "Liberal Block" of the court. The next President will likely have the opportunity to appoint 2 Judges to the court for lifetime appointments.

First Execution Since Supreme Court Ruling

Georgia executed a man today, the first in the country since the Supreme Court refused to rule lethal injection to be cruel and unusual. Ostensibly, the death penalty is a deterrent for others who may consider first degree murder. The last execution occurred in Texas in September of last year. Finally, we can all start sleeping soundly again.

Let's Get 'Em Dead

The Supreme Court ruled, 7 to 2 today, that the Kentucky standard of lethal injection does not violate the 8th Amendment ban on Cruel and Unusual punishment. Shortly thereafter, a number of states eager to free up some prime real estate no doubt, announced they would start executing inmates ASAP. It's sort of unfortunate that only the two most liberal justices dissented, but the decision itself was not surprising. Up next on the government sanctioned killing tip is a case that seeks to allow the death penalty for crimes less than murder, namely the rape of a minor. Admittedly, the rape of a child may be just as terrible as murder. However, expanding the crimes for which the death penalty can be administered just seems like a bad idea. Oral arguments took place on Wednesday, the decision is supposed to be announced sometime in June. Expect a similar decision, with a closer vote, let's call it 5-4.

By the way, electing a Republican President virtually guarantees that the death penalty will not be overturned by the Supreme Court for a long ass time (we're talking 20-30 years). So, just think on that. The United States, like a tiny handful of 3rd world nations, will continue to be a leader in sheer quantity of executions.

Bravo!

Virginia Halts Executions

The Governor of Virginia today stayed all scheduled executions in lieu of the Supreme Court ruling upcoming on the constitutionality of lethal injection. There was an execution scheduled for April 8th. Of course, I can't imagine the Supreme Court will determine lethal injection to be "cruel and unusual". We'll see.

Nebraska Fails to Overturn Death Penalty

The legislature of the state of the Nebraska failed to move forward a piece of legislation that would have replaced the states death penalty with life in prison. The legislation was in response to the Nebraska Supreme Court's ruling that the electric chair violated the Nebraska State constitution prohibition on cruel and unusual punishment.

The U.S. Supreme Court will be deciding soon on the constitutionality of the method of the day, lethal injection.

U.N. Urges U.S. to End Criminal Justice Disparities

The United Nations Committee the Elimination of Racial Discrimination recently released a report acknowledged the disproportionate number of minorities involved in the criminal justice system as well as the racially disproportionate enforcement of the death penalty.

From the report, via Jurist,

It recommended that the United States allocate sufficient resources to ensure legal representation of indigent persons belonging to racial, ethnic and national minorities in civil proceedings. Moreover, the United States should increase significantly its efforts to eliminate police brutality and excessive use of force against persons belonging to racial, ethnic or national minorities, and also increase efforts to prevent and punish violence and abuse against women belonging to racial, ethnic and national minorities.

Just who does this United Nations think it is?

Can they talk to us like that?

On Lethal Injections: A Follow Up

I wanted to follow up on yesterday's post about the oral arguments heard by the Supreme Court yesterday regarding lethal injection. I found a good article from Huffingtonpost which lays out the process and the potential problems the process could cause.

The first of the three drugs used in lethal injections is an anesthetic (sodium thiopental) to render the prisoner unconscious. Next is pancuronium bromide, a drug that paralyzes voluntary muscles, including the lungs and diaphragm, but does not affect consciousness or the experience of pain. The final drug is potassium chloride, which causes cardiac arrest.

If the prisoner does not receive a sufficient quantity of anesthesia he will feel himself suffocating from the pancuronium bromide. If he is still conscious when given the potassium chloride, he will feel his veins burning as the poison courses to his heart. Indeed, potassium chloride is so painful that U.S. veterinarian guidelines prohibit its use on domestic animals unless a vet first ensures they are deeply unconscious.

Incorrect dosage, faulty catheter insertion, kinking IV tubes - many problems can prevent anesthesia from working. No surgery would ever be conducted without assessing and continually monitoring the patient's level of consciousness. But during lethal injections, no one makes sure the prisoner is deeply unconscious before and during the injection of the second and third drugs.

It should also be noted that the process was developed 30 years ago and has not been modified. Oh, and apparently no anesthesiologists or ANY EXPERTS AT ALL!!!! were consulted in the development of the process.

Oral Arguments in Lethal Injection Case

The Supreme Court heard oral arguments in the case Baze v. Rees this morning. Arising out of Kentucky, the petitioners claim that the lethal injection method for execution violates the Eighth Amendment of the Constitution's provision against cruel and unusual punishment. The process of injection involves three separate injections, and anesthetic, a drug intended to paralyze, and the final drug designed to stop the heart. Should the initial anesthetic fail the paralyzing drug would prohibit the expression of pain caused by the final injection effectively rendering the condemned to lie helpless in excruciating pain.

Justice Scalia in the oral arguments today suggested that there is no requirement that executions be painless. Eh, what a guy!

Justice Souter, on the other hand, suggested that the court take the time to really look into the method of execution even if it means sending the case back down to the lower court.

New Jersey Bans The Death Penalty

It has been widely reported over the last couple of weeks that the state of New Jersey was about to abolish the death penalty. Today, Governor Corzine signed into law the bill outlawing the punishment. New Jersey is the first state to ban the penalty since it was reinstated by the Supreme Court in 1976.

The state commission said that the use of the death penalty is, "inconsistent with evolving standards of decency."

Florida State Supreme Court Upholds Lethal Injection

Despite the upcoming U.S. Supreme Court case Baze v. Rees, the Supreme Court of Florida has upheld the lethal injection death penalty procedure, rejecting the accusation that it is "cruel and unusual punishment". In Baze v. Rees the U.S. Supreme Court will be deciding whether or not lethal injection constitutes "cruel and unusual punishment" under the U.S. Constitution which would mean that the procedure could no longer be used anywhere in the United States. The U.S. Supreme Court has already granted a stay for a previously scheduled execution by lethal injection in Mississippi in lieu of their own upcoming decision.

With the new more conservative make up of the court, I have a hard time believing that they will find lethal injection to be cruel and unusual. I would expect a 7-2 decision with only Justices Ginsburg and Souter agreeing that lethal injection is cruel and unusual. In fact, I believe both Justices believe the death penalty in any form is unconstitutional.

In any case, the execution of Mark Dean Schwab is scheduled for November 15 in Florida. The Supreme Court should step in as it did before and stay the execution, I expect they will.

France Bans Capital Punishment...in 1981

On this date in 1981 France banned the death penalty. Upon seeing this fact I ventured to find out when other western nations outlawed the practice. Here is what I found.

United Kingdom, 1965. Although the punishment remained "on the books" until 1998 for some offenses, the last executions were in 1964.

Sweden, 1921 for peace time offenses and 1973 for war time offenses. Sweet Swedes!

The Netherlands, 1870 in peace time, 1983 in times of war.

Canada, 1976.

One of the best (actually worst) statistics is the following which I have just copied and pasted directly from Wikipedia. Look at those countries! So close to the top 5!

Most Executions carried out in 2006
1. China (at least 1,010 but sources suggest between 7,500 and8,000)
2. Iran (177)
3. Pakistan (82)
4. Iraq (at least 65)
5. Sudan (at least 65)
6. United States (53)

Kenneth Foster: Sentence Commuted!!!

In a surprise move Texas Governor Rick Perry accepted a 6-1 Paroled Board recommendation to spare Kenneth Foster's life. In an equally surprising move, as part of his statement announcing the decision, the Governor called attention to the absurd practice of trying multiple defendants in capital murder cases at the same time in the same trial,

"I am concerned about Texas law that allowed capital murder defendants to be tried simultaneously and it is an issue I think the legislature should examine."

Kenneth Foster: Final Day

The Texas Board of Pardons was supposed to announce its decision regarding Kenneth Foster yesterday. Now, the Boards is planning to announce its decision whether or not Foster will be put to death today, his scheduled execution date. If the board does not grant a pardon the governor of Texas has the power to grant a 30 day stay. If the board does grant a pardon, by a 5 out of 7 vote. the governor has to approve the pardon. It's unclear at what time the decision will be announced but the recent executions in Texas have been scheduled for 5pm although they have actually been occurring at different times in the evenings.

Kenneth Foster: Jimmy Carter, Desmond Tutu Call for Stay

Democracy Now is today reporting that former President Jimmy Carter and Archbishop of South Africa Desmond Tutu are urging Texas to stay the execution of Kenneth Foster scheduled for tomorrow. Carter and Tutu are two giants of humanitarian action, maybe their pleas will be heard...

Also, Foster's attorney has filed a last minute appeal with the U.S. Supreme Court.

UPDATE: New York Rep. Charles Rangel (D) "shuts the door" on death penalty activists. According to Dissidentvoice.org Civil Rights minded Representative Rangel has failed to come through and speak out against the execution of Kenneth Foster. Dissdentvoice reports on their experience at Rangel's office,

"They didn’t want to let us up at first, but at last Rangel’s policy advisor came down to meet our community delegation. He sat us around a cafeteria table, and explained to us that Rangel was a very busy man, that he hadn’t read the letter and that we hadn’t gotten it to him in time. He explained that whether we liked it or not, Kenneth had been convicted by a real law in Texas, and that Rangel had to be careful what he said about that. He seemed to have forgotten that the fight for racial justice in the US meant overturning “real” laws like slavery and Jim Crow. Unjust laws are made to be broken. Rangel, the man said, had a pile of papers on his desk. This representative of our elected official sat at a table with those who’d been railroaded by the criminal injustice system and had their lives destroyed by it and told them that Kenneth’s case was not urgent enough."

Kenneth Foster: Announcement Tomorrow at 1pm

This from the Texas Moratorium Network,

"We have just heard that the Board of Pardons and Paroles has delayed their decision on Foster until 1 PM on Wednesday. They had planned to announce it by the 28th, but now they are taking one extra day."

Meanwhile, two other men on Texas' death row are scheduled to be executed today and tomorrow.

Kenneth Foster: Bloodlust, Not Justice

A guest column in todays Waco Tribune points out that the execution of Kenneth Foster in 4 days is not justice or even revenge but rather blood lust.

An editorial in today's Dallas Morning News points out that Kenneth Foster is not an innocent man, he committed robberies and was an accessory after the fact in the murder for which he is sentenced to die. The editorial does a good job of pointing out that the death penalty is supposed to be reserved for the absolute worst criminals.

With only a few days left get you opinion heard by emailing or phoning the governor of Texas. You can call and leave a message t the telephone number below.

E-mail the governor through his Web site:
www.governor.state.tx.us/contact

Call the governor's opinion hotline:
1-800-252-9600

Kenneth Foster via Google

I have set up two google email alerts for news and blog posts about Kenneth Foster. I am happy to report (to myself mostly) that there has been a good amount of buzz going around. So, for the sake of spreading it around here are the news stories and blog postings I have been alerted to in the last day or so. Click them.

http://www.trews.org/node/529
http://www.democracynow.org/article.pl?sid=07/08/22/1421223
http://graham72.blogspot.com/2007/08/25-metres-from-shooting-dan-glaister.html
http://www.pegasusnews.com/news/2007/aug/21/speed-reading-death-row/
http://www.socialistworker.org/2007-2/641/641_05_Kenneth.shtml
http://www.kxan.com/Global/story.asp?S=6965248&nav=0s3d
http://thinkoutsidethecage2.blogspot.com/2007/08/what-they-wont-let-kenneth-foster-read.html
http://badsis.livejournal.com/155044.html
http://www.kvue.com/news/hu/stories/082107kvueEUdeathpenalty-cb.572fdae0.html
http://txcommie.wordpress.com/2007/08/21/last-letters-from-kenneth-foster/
http://eddiegriffinbasg.blogspot.com/2007/08/hat-tip-to-lilana-segura.html
http://savekenneth.blogspot.com/2007/08/kenneth-in-london-guardian.html

Kenneth Foster: Hunger Strike

Kenneth Foster has vowed to begin a Hunger Strike beginning today up until his execution scheduled for August 30th. Along with a man scheduled to die on August 29th the two will participate in non-violent protest against their upcoming executions.

Kenneth Foster

In another case of what continues to be an endless stream of instituional racism in the criminal justice system, a 33 year old black man from Texas, named Kenneth Foster, will be executed two weeks from tomorrow. The facts of the case and the law used to sentence Foster to death are particularly ridiculous. The following is a short exerpt from a transcript of the show Democracy Now:

Foster is scheduled to be executed under a controversial Texan law known as the law of parties. The law imposes the death penalty on anybody involved in a crime where a murder occurred. In Foster's case he was driving a car with three passengers, one of whom left the car, got into an altercation and shot a Michael LaHood dead. At the time of the shooting, Kenneth Foster was 80 feet away in his car. Since Foster's original trial, the other passengers have testified that Foster had no idea a shooting was going to take place.

The shooter in the case has been executed. Now, texas wants to continue the vengence. It is not disputed that Foster was not ivolved in the actual shooting.

Foster has become something of a Death Penalty activist during his time on death row. Foster has vowed to non-violently protest his death sentence up until the execution is carried out or commuted. At this point, Foster's legal appeals in Texas have run their course. The last step is the Governor. IN order for the Governor to be able to step in and grant clemency to Foster the state Board of Pardons and Paroles must vote to recommend clemency to the Governor.

Here are some links for more info:
http://www.freekenneth.com/
a petition - sign it!
http://savekenneth.blogspot.com/