About Brian Evans

Brian Evans is the Director of Amnesty International USA’s Death Penalty Abolition Campaign. Prior to moving to Washington, D.C. in 2006, he was a founding member of the Texas Moratorium Network and a member of the Texas Coalition to Abolish the Death Penalty, organizations working to stop executions in the state of Texas. He has a Masters degree in Middle East Studies from the University of Texas at Austin and also served for 8 years as Bahrain, Oman and Saudi Arabia Country Specialist for Amnesty International USA.
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Maryland Legislature Passes Death Penalty Abolition!

Today the Maryland House of Delegates followed the lead of the state Senate and passed the death penalty repeal bill. The bill now goes to Governor Martin O’Malley who almost certainly will sign it, making Maryland the 18th state to abandon capital punishment (Photo Credit: Marvin Joseph/The Washington Post via Getty Images)

Today the Maryland House of Delegates followed the lead of the state Senate and passed the death penalty repeal bill. The bill now goes to Governor Martin O’Malley who almost certainly will sign it, making Maryland the 18th state to abandon capital punishment (Photo Credit: Marvin Joseph/The Washington Post via Getty Images)

Today the Maryland House of Delegates followed the lead of the state Senate and passed the death penalty repeal bill. The bill now goes to Governor Martin O’Malley who almost certainly will sign it, making Maryland the 18th state to abandon capital punishment, and the 6th state in 6 years to join the abolition club.

This culminates a decades-long campaign, stretching back to the 1980s, in which Amnesty International – in coalition with other groups – has always played an integral part. For me personally, it caps 6 years of thoroughly meaningful and rewarding work with a terrific collection of Amnesty staff and activists and coalition partners.

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Maryland Senate Endorses Death Penalty Abolition

Maryland Senate death penalty vote

Final Maryland Senate vote on the death penalty bill — 27-20. Photo by Mona Cadena

The Maryland Senate has passed death penalty repeal, by a 27-20 vote, and the bill now moves over to the House with increased momentum.  Excitement at this development is tempered by the fact that desperately needed funding for family members of murder victims was stripped from the bill in committee.

Families of murder victims face many hardships, beyond the shock and grief of the loss itself. Often the lost loved one was the family breadwinner. The costs of travel or missed work time to attend court hearings, as well as expenses for grief counseling and funeral arrangements can add up quickly, particularly for lower income families. They need, and deserve, our support.

The Governor and others have promised to put this funding into the budget that will be considered in March, but the hammering out of budgets is notoriously chaotic, so we will have to be vigilant. There are also no guarantees for death penalty abolition itself, as the vote in the Maryland House is likely to be close. More action is still needed.

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Maryland Death Penalty Repeal Pass First (And Biggest) Test

Amnesty members and others protest the death penalty in Maryland

Amnesty member Stanford Fraser rallies supporters of death penalty repeal in Annapolis with Jane Henderson of MD CASE.

Death penalty abolition in Maryland is on the move!

Maryland’s Senate Judicial Proceeds Committee has voted 6-5 in favor of SB 276, the bill that repeals the death penalty. (Sadly, a provision that would have allocated some funds saved from abandoning capital punishment to support victims’ families was stripped from the bill.)

Passing repeal through this committee was a major hurdle, and one that had proved insurmountable in previous years. But a critical mass of support for abolishing capital punishment has been reached, both across the state and inside Annapolis, and the bill is now headed to the Senate floor.

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The Shameful Spectacle Of Georgia’s Death Penalty

warren hill

Warren Hill

Less than half an hour before he was to be put to death, and after he had taken a sedative to prepare for his execution, Warren Hill was granted two simultaneous stays of execution – by a state court on a challenge to the method of his execution, and by the federal 11th circuit court of appeals on the substantive issue of his “mental retardation.”

Warren Hill has an IQ of 70 and has been declared by a state judge to be “mentally retarded” by a preponderance of the evidence. In other states, that would mean his execution would be an unconstitutionally cruel and unusual punishment.  But not in Georgia, where a prisoner must prove his “mental retardation” beyond a reasonable doubt, a virtual impossibility given the inexact science of measuring mental disability.

Add to this the fact that the victim’s family and several of the jurors from his trial now oppose his execution, and one wonders: why is the state of Georgia – which is seeking to lift the stays – trying so hard to kill Warren Hill?  Who is this execution for?

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Maryland’s March Towards Death Penalty Repeal

Maryland Governor Martin O'Malley and Lt. Governor Anthony Brown with Amnesty activists calling for death penalty repeal in Annapolis, Feb. 14, 2013.

Maryland Governor Martin O’Malley and Lt. Governor Anthony Brown with Amnesty activists calling for death penalty repeal in Annapolis, Feb. 14, 2013.

On Valentine’s Day, in overflowing hearing rooms in both the House and Senate, Maryland legislators heard testimony from victim’s family members, former prison wardens, religious leaders, an innocent man who once faced execution in Maryland, the state’s Lieutenant Governor, and Governor Martin O’Malley. And what they heard, over and over, is that the death penalty must be abolished.

As in past years, those testifying in favor of repealing capital punishment far outnumbered those speaking for retaining it. That’s nothing new, but in other ways this year has been different. The crowds that gathered to witness the hearings were larger. The high-level political engagement has been stronger and more focused.  And the understanding that the votes exist to pass death penalty abolition into law is now fully entrenched in the Annapolis political landscape.

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Warren Hill Faces Execution In Georgia Again

Georgia is set to carry out an unconstitutional execution while the prisoner’s case is still pending at the US Supreme Court. The high court, as a guardian of the rule of law in this country, must not let this happen. They must stay the execution.

warren hill

Warren Hill

In 2002, the US Supreme Court banned execution of prisoners with “mental retardation” as unconstitutionally cruel and unusual punishment. Warren Hill, with an IQ of 70, was ruled by a judge to be “mentally retarded” by a preponderance of the evidence. But in Georgia, as in no other state, prisoners must prove their “mental retardation” beyond a reasonable doubt. Defining and measuring “mental retardation” is not an exact science – even IQ scores can vary based on the type of test given – so proving it beyond a reasonable doubt is virtually impossible.

By using this unreasonable “reasonable doubt” standard, Georgia has found a way to evade the spirit of the Supreme Court’s important 2002 decision, and to continue killing intellectually disabled prisoners.

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Why Showing Up For Death Penalty Repeal Matters

Amnesty members and others protest the death penalty in Maryland

Amnesty member Stanford Fraser rallies supporters of death penalty repeal in Annapolis with Jane Henderson of MD CASE.

As of this writing, 33 states in the U.S. still retain the death penalty (and two more still have inmates on death row). There is also a Federal death penalty and a death penalty in the U.S. military.  The kangaroo courts at Guantánamo can issue death sentences too.

Though we are definitely seeing a decline in support for the death penalty in the U.S., that’s still a lot of capital punishment. To truly and sustainably overcome this culture of casual killing we will need – and we are building – a powerful grass-roots movement.

That’s why a victory for abolition in a state like Maryland, if it happens, will be so important.  Change – lasting change – in the United States, where human rights are often ignored or dismissed, is going to come from the ground up … from the states, and even more locally from faith groups, campuses and communities. SEE THE REST OF THIS POST

Kirk Bloodsworth and the Demise of the Death Penalty

Kirk Bloodsworth

Kirk Bloodsworth is the first American sentenced to death row who was exonerated by DNA fingerprinting. (Photo: MLADEN ANTONOV/AFP/GettyImages)

The New York Times today profiles Kirk Bloodsworth, a man who once faced execution for what he describes as “the most brutal murder in Maryland history.” He was innocent, and thanks to the development of DNA testing, was proven so and freed. Equally as important, the real killer was identified.

Kirk Bloodsworth was lucky. Many inmates sentenced to die in this country do not have scientific evidence like DNA with which to prove their innocence.  Only 18 of the 142 death row exonorees over the last 40 years have been set free due to DNA evidence.  During that time, many others have been executed despite doubts about their guilt, but without testable DNA evidence that could prove their innocence to the high standard our courts require.

As long as the death penalty exists, the risk of executing the innocent will be all too real. So Kirk Bloodsworth has made it his mission to abolish the death penalty, both in his home state and – as advocacy director for Witness to Innocence – throughout the country.

Success in Maryland seems closer than ever. And across the country, as people become more familiar with harrowing stories like Kirk’s, support for and use of the death penalty continues to decline.

Executing Women In the USA

Teresa Lewis

Teresa Lewis, despite her low IQ and dependency disorder, was executed as the mastermind of a murder for hire. She was the last woman  put to death since the reinstatement of the death penalty in the United States.

Very few, or at least relatively few, women have been executed in the United States.  Kimberly McCarthy would have been the 13th woman put to death since reinstatement of capital punishment in 1976, had her execution not been delayed at the last minute to look into the question of improper jury selection at her trial. An African American woman, McCarthy was sentenced to die by a Dallas, TX jury that was predominantly (11-1) white.

So as it stand now, out of 1,321 executions in the U.S. only 12 (less than 1%) have been women. Interestingly, according to the Death Penalty Information Center, while women are responsible for roughly 10% of murders, they receive only 2.1% of death sentences and make up only 1.8% of current death row residents, but have received over 4% of clemencies granted. Perhaps this represents yet another way the death penalty is disproportionately applied.

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Our Death Penalty: Inciting Murder And Killing Arbitrarily

Rally to abolish the death penaltyWhen Robert Gleason Jr. was put to death in Virginia on January 16 (he chose the electric chair) he became the 140th so-called “volunteer” for execution since the reinstatement of capital punishment in 1976.  In fact, over 10% of US executions have been “voluntary,” usually meaning that the prisoner has given up his appeals.

But in Gleason’s case it was more than that. He specifically killed to get the death penalty. He strangled his cellmate and vowed to keep on killing unless he was executed.  And this is not the first time someone has committed murder in order to get the state to kill him.  In Ohio in 2009, Christopher Newton was put to death for killing his cellmate. He had refused to cooperate with investigators unless they sought the death penalty.

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