Pennsylvania Child Sex Abuse Victim Gets Execution Stay

Update 10/3: Terrance Williams had his stay of execution upheld. The PA Supreme Court, despite the participation of its chief judge with a flagrant conflict of interest, affirmed his stay of execution, and will at a later date consider last week’s ruling in a Philadelphia court that Williams should get a new sentencing hearing because of serious prosecutor misconduct.

The judge in that ruling cited prosecutors for suppressing evidence that Williams committed his crime in response to being sexually abused, a motive that would likely have caused the jury to issue a sentence other than death. Today the PA Supreme Court agreed to take its time reviewing that decision, and so state prosecutors will have to put the brakes on their strangely zealous pursuit of Williams’ execution – an execution the victim’s widow and 5 members of the jury don’t want anyway.

On October 3, Pennsylvania was scheduled to execute Terrance Williams. He was sent to death row for killing Amos Norwood, a man who repeatedly sexually abused him as a teenager.  Evidence of this motive appears to have been withheld from his defense.

Had the jury heard that the killing was in response to years of sexual abuse, it’s likely they would have voted for a sentence other than death. That’s why Philadelphia Common Pleas Court Judge M. Teresa Sarmina has granted a stay of execution. She also granted a new sentencing hearing for Terrance Williams, writing that “Evidence has plainly been suppressed“. She also wrote that prosecutor Andrea Foulkes was “playing fast and loose.” and “had no problem disregarding her ethical obligations”.

Of course, the state may appeal this decision to the Pennsylvania Supreme Court. They shouldn’t, and this execution should be called off permanently.

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Reggie Clemons Hearing: More To Come

reggie clemons hearing st. louis missouri

Amnesty team waiting to enter the Reggie Clemons hearing, Sept 17, 2012

The Special Master hearing to review the Reggie Clemons case was halted on Thursday, but with more testimony and legal filings to come. In fact, the Special Master process looks to continue well into next year.  Given what’s at stake, and given the troubling nature of the case, taking more time is not a bad thing.

The allegations of police brutality and prosecutorial misconduct which feature prominently in Amnesty International’s report on the case were highlighted during the hearing. The alleged police abuse of Clemons, and the similar abuse of the state’s star witness Tom Cummins – acknowledged by a $150,000 settlement – are particularly disturbing and call into question the fairness of the investigation and prosecution in this case.

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Is Reggie Clemons the Next Troy Davis? 10 Facts that Will Make Your Blood Boil

As we approach the first anniversary of the execution of Troy Davis, another man on death row urgently needs our help.  If Reggie Clemons’ hearing on September 17th goes poorly, then Missouri could join Georgia by executing a man convicted amid a great cloud of doubt.

Check out the shocking similarities and facts about the two cases below and then take action to stop the execution of Reggie Clemons.

Reggie Clemons Troy Davis Graphic

Will Pennsylvania Execute A Victim Of Child Sexual Abuse?

Terrance Williams is facing execution in Pennsylvania on October 3.  Repeatedly sexually abused by older boys and men as a youth (starting when he was six years old), he was sent to death row for killing Amos Norwood – one of his abusers, according to the clemency petition – three months after his 18th birthday.

What Terrance Williams did was, indeed, criminal.  Killing is never an appropriate response, even to the most heinous of abuses.

But maybe that’s the point.

Wouldn’t killingTerrance Williams now, in retaliation for his crime, be just as wrong as the crime Williams committed in response to the abuse he suffered?  Lots of people think so.

Five of the trial jurors, the widow of the victim, and 30 child advocates and experts on child abuse have called on Pennsylvania to commute the death sentence in this case. So have 18 former prosecutors, 8 retired judges, and 47 mental health professionals.

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A Father Speaks Out: Don’t Let My Son Die

reggie clemons family Reynolds Thomas Vera Thomas

Rev. Reynolds Thomas and Vera Thomas have been fighting to keep their son Reggie Clemons from being executed in Missouri despite a strong case for innocence and gross prosecutorial misconduct.

By Rev. Reynolds Thomas

Next week is very important — you see, it will help determine whether my son will live or die. My son’s name is Reginald Clemons, but we call him Reggie. He has been on Missouri’s death row for about 20 years now. On Monday the 17th, his case will be reviewed by a judge for what could be the last time.

Chances like this don’t happen often and we are grateful for this special opportunity. Before we reach that step, I want you to understand a few things about the case, my son and just how fatal the flaws of the death penalty system can be.

Then I hope you’ll send a letter of support to Reggie — for strength, for compassion, for justice. I’ll give it to him personally before the hearing.

The state of Missouri has accused my son of killing two young women — pushing them into the Mississippi River in April 1991. The pain the family of these two girls has suffered after such a staggering loss is unfathomable. But from the beginning, the case against Reggie has been riddled with grave and glaring problems:

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Virginia Rebuked For “Abhorrent” Actions In Death Penalty Case

Justin Wolfe

Justin Wolfe

Owen Barber shot Daniel Petrole to death in Bristow, Virginia on March 15, 2001. Barber was convicted of murder and got a sentence of 60 years. In 2002, Justin Wolfe was sent to Virginia’s death row for paying Barber to kill Petrole. But did he?

Federal courts have examined Wolfe’s murder-for-hire conviction and thrown it out, with unusually strong words for Virginia officials:

“The Court finds these actions not only unconstitutional in regards to due process, but abhorrent to the judicial process.”

The problems?

  1. It was police who suggested to Owen Barber, while threatening him with the death penalty, that he name Justin Wolfe.
  2. After these capital punishment threats, Owen Barber did say that Wolfe hired him for the killing, but then recanted afterwards.
  3. Barber’s testimony was the only direct evidence linking Wolfe to the crime.
  4. The prosecution “knowingly presented false testimony by Barber.”
  5. The police report that included the death penalty threats and suggestions to name Wolfe was never turned over to Wolfe’s defense.

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Warren Hill Gets A Stay Of Execution

warren hill

Warren Hill

Georgia will not be able to execute Warren Hill on Monday.  He has been granted a temporary stay so the state of Georgia can sort out whether the sudden switch to a one-drug lethal injection protocol last week violated state laws guaranteeing public input on important administrative procedures (like killing people).

This is good news, in that Hill will not immediately be put to death, but there is no question that Georgia fully intends to execute a man with an IQ of 70 whom state judges have declared to be “mentally retarded” by all legal standards except the “beyond a reasonable doubt” bar used only by Georgia.

That the stay was granted on the lethal injection question allows the state of Georgia to evade further scrutiny of the way it handles capital punishment for the mentally disabled.  For now, the Supreme Court, which banned executions of those with intellectual disabilities ten years ago, will not be reviewing Warren Hill’s case or the unique Georgia law upon which the state bases its right to kill him.

From Heartbreaking Child Abuse To Pointless Execution

daniel cook

Even his prosecutor now opposes his execution, Arizona is planning to execute Daniel Cook on August 8.

Working to abolish the death penalty can sometimes be an emotionally challenging enterprise. We are immersed in a world where people suffer unimaginable losses, and we’re constantly reading about heinous crimes inflicted with brutal violence. Some of those crimes, of course, are murders. But often we are reading about another type of crime: violent child abuse, which is a defining experience for many who end up on death row.

Daniel Cook in Arizona is a case in point. Abused from infancy, he took the all too familiar path from horrific family violence to mental illness to drug abuse to violent crime to death row:
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Why Is The US Still Executing Teenage Offenders?

18 and 19 and 20 year-olds are not considered responsible enough decision makers to drink legally, yet they can be held fully responsible for their crimes and sentenced to the ultimate, irreversible punishment of death.

Texas is preparing to execute Yokamon Hearn on July 18th. If his execution is carried out, he would become the 483rd person put to death since Texas resumed executions in 1982.

Yokamon Hearn was 19 years old when he and 3 other youths set out to steal a car. They ended up shooting and killing Frank Meziere, a 23-year-old stockbroker. All four defendants were charged with capital murder, but the other three plead guilty and received deals. One got life imprisonment, the other two got ten years for aggravated robbery.

Yokamon Hearn was a teenager at the time of his crime, but not a juvenile. Article 37 of the Convention on the Rights of Child lays out the international standard for not executing juvenile offenders, defined as those who were under 18 at the time of the crime. (The U.S. is the only country except for Somalia that has not ratified this treaty.)

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30 Years Later, Will A Changed Man Get Clemency?

As the month of May began, Montana’s Board of Pardons and Parole was set to hear the clemency petition of Ronald Smith, one of the two men on Montana’s death row.  Now, the decision on whether he lives or dies rests with the Governor.

Ronald Smith committed a terrible crime back in 1982, but the passage of 30 years has seen him evolve into an utterly different person.  This was not a legal development (he is still guilty), but is the kind of human transformation that clemency was designed to recognize.  Our courts can’t commute sentences based on changes in the hearts and minds of the convicted (that’s not their role), but our executive branch – our Governors and our pardon and parole boards – can.

At the May 2 clemency hearing, the Montana parole board heard all about Ronald Smith’s transformation:  from retired prison officials, a clinical psychologist, a Catholic priest and prison educator, a former probation officer and members of the Smith family.

The psychologist said that Ronald Smith: “has demonstrated significant change in attitude, thoughts and behavior. He is what would be considered a model prisoner in the modern setting.”

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