Sloppy and Suspicious in Oklahoma

Jeffrey David Matthews was slated for execution on June 17, 2010, for the 1994 murder of Otis Earl Short, his great uncle. Governor Brad Henry granted a reprieve until July 20, and then, last week, stayed the execution again until August 17, in order to allow the authorities more time to review fingerprint evidence – evidence that was discovered just 10 days before this first execution date.

From the start of the trial process, the conviction of Matthews has been controversial.  There was no physical evidence linking him to the crime, and the quality of the police investigation into the crime was, according to one former officer, “sloppy” and “suspicious.” There is also a star witness who has recanted his trial testimony. (Sound familiar?)

When Matthews was tried in 1995, Tracy Dyer testified against him, and the jury sentenced Matthews to death.  But a year later, in 1996, Dyer retracted his testimony, now denying that Matthews had been involved in the murder. Dyer admitted to his own role in the crime, and that an unnamed accomplice shot Earl Short. He stated that he had testified against Matthews in order to avoid a death sentence, and also that guards had beaten him in jail and threatened him with further violence or death if he did not cooperate in the case against Matthews. In the 1999 retrial, despite Dyer’s new testimony, Jeffrey Matthews was again convicted and sentenced to die.

But in 2007, Michael Mars, a former Deputy Sheriff involved in investigating the crime signed a sworn affidavit saying that “there is a reasonable likelihood that Matthews is innocent”.  He also backed up Dyer’s claims about threats and violence in prison, stating “I can attest that I have seen a detention deputy both physically and verbally abuse prisoners many times.”

Putting Jeffery Matthews to death would be a travesty.  Executive clemency exists to prevent miscarriages of justice that the courts fail to address.  After such a “sloppy” and “suspicious” investigation, and with such clear doubts about Matthews’ guilt, Governor Henry should grant clemency and commute the death sentence.

Clemency Granted in Oklahoma Case

Oklahoma SealC232Last night, Governor Brad Henry of Oklahoma approved clemency and commuted Richard Tandy Smith’s death sentence to life without the possibility of parole.  Smith was found guilty of murdering John Cederlund in 1986. Upon receiving a clemency recommendation from the Oklahoma Pardon and Parole Board, Governor Henry twice postponed Smith’s scheduled execution before ultimately accepting the recommendation and commuting the sentence.

Preceding to Governor Henry’s clemency approval, momentum had built in Oklahoma to see Mr. Smith spared.  In a statement,  the Governor said:

“I am very respectful of a jury’s verdict, the prosecutors who tried the case and the victim’s family who suffered because of the crime. However, after reviewing all of the evidence and hearing from both prosecutors and defense attorneys, I decided the Pardon and Parole Board made a proper recommendation to provide clemency and commute the death sentence.”

Given the Governor’s stated respect for the jury and the victim’s family, and given that those arguing for clemency included six trial jurors and the victim’s brother, this grant of clemency may not be too surprising.

Henry has now granted clemency to three death row inmates.  On four other occasions, he has rejected clemency recommendations from the Oklahoma Pardon and Parole Board, and there have been 37 executions in Oklahoma during his term as Governor.

UPDATE: Oklahoma Board Votes for Clemency in Death Penalty Case

Oklahoma SealC232The votes have come in and the Oklahoma Pardon and Parole Board decided by three votes to two to recommend that Governor Brad Henry commute Richard Smith’s death sentence.  Because this recommendation is nonbinding, it is vital that we continue speaking out in the name of justice for Mr. Smith.  Governor Henry has received six previous recommendations for clemency for death row inmates from the Pardon and Parole Board since he has taken office on January 13, 2003.  Unfortunately, he has taken the Board’s advice on only two of those six recommendations.  

In addition to the Pardon and Parole Board, six of the jurors who originally sentenced Mr. Smith to death have called for clemency.  At the trial, these jurors never heard evidence of Mr. Smith’s harsh upbringing, addiction problems, and psychological and mental health issues, which they now cite as reasons for commuting Mr. Smith’s sentence.

Please continue to write appeals urging Governor Henry to accept the Board’s recommendation and reject the execution of Richard Smith.

Six Jurors Oppose Oklahoma Execution

Oklahoma has the opportunity to save a life on April 8, 2010 and it is our responsibility to take action to prevent another state killing.  Richard Smith was convicted of murder in 1987, and now has been on death row for more than half of his life.  Not only do six jurors from his trial now oppose his execution, but so does a brother of the victim. 

Similar to many other death penalty cases, Richard Smith was not given an adequate defense.  His lawyer presented almost no evidence, and no expert testimony.  He did not begin investigating until seven to ten days before the date of trial, and he failed to present evidence of Smith’s past abuse as a child, addiction problems, psychological problems, brain injury, and borderline intelligence. 

If the jury at the time of the trial had heard this evidence, the outcome of Smith’s case could have been significantly different.  The six jurors who now oppose his execution exemplify the very reason why we should act in the name of justice.  Due to Smith’s poor representation in trial, we must act to commute the death sentence of Richard Smith.

Executive clemency is in place so that justice can be upheld even when the courts drop the ball.  In the case of Mr. Smith, powerful mitigating evidence was never heard by a jury.  Justice would not be served by executing Richard Smith under these circumstances.  The Oklahoma Pardon and Parole Board should recommend that Governor Brad Henry commute this death sentence, and Governor Henry should accept that recommendation.