[FADPUpdate] July U.S. Death Penalty Appeals

Thu Jul 6 18:31:09 EDT 2006

 Thanks to Steve Wetstein in Miami for the following U.S. Death Penalty info & appeals for July:

  Death Penalty News  (Can You Make One Appeal?) 

(Further material on capital punishment is available on the websites of Amnesty International’s Program to Abolish the Death penalty, at http://www.amnestyusa.org/abolish/, and the National Coalition to Abolish the Death Penalty (NCADP), at http://www.ncadp.org/.)

            The death penalty continues to be challenged on many fronts. We reprint below two notes from the Death Penalty Information Center (http://www.deathpenaltyinfo.org/).

The U.S. Supreme Court has unanimously ruled that death row inmates seeking to challenge lethal injection as a method of execution after they have exhausted their regular appeals may pursue the issue as a civil rights claim. Though the decision in Hill v. McDonough did not answer the broader question regarding whether the chemicals used in lethal injections around the nation are unconstitutional because they may cause excruciating pain, it does permit inmates to challenge lethal injection using an Eighth Amendment claim. 

The decision involved Florida death row inmate Clarence Hill, who had exhausted his available appeals before using a civil rights claim to challenge the constitutionality of Florida's lethal injection protocol. Hill was strapped to a gurney with lines running into his arms to deliver the lethal cocktail when the Supreme Court intervened and blocked his January 2006 execution. Writing for the Court, Justice Anthony M. Kennedy said that while Hill and other death row inmates can now file special appeals, they will not be always entitled to delays in their executions. 

Lethal injection is the primary method of execution used in every state that has the death penalty except Nebraska, which uses the electric chair. The U.S. Supreme Court has never ruled on the constitutionality of a specific method of execution. (Associated Press, June 12, 2006) http://www.deathpenaltyinfo.org/article.php?did=1799&scid=64

[Courts decisions have recently been made] regarding problems with lethal injection procedures in Arkansas and Missouri.  The court in Arkansas granted a stay of execution for Don Davis to allow further investigations into the lethal injection procedures.  In Missouri, in Michael Taylor's case, the District judge put all executions in the state on hold until changes are made in the state's execution protocols. http://www.deathpenaltyinfo.org/article.php?did=1818&scid=64

Unfortunately, we must note, as almost every month, that yet more executions have been carried in this country. Since our last newsletter, Timothy Titsworth, Lamont Reese and Angel Matruino Resendiz have been put to death in Texas, and Sedley Alley in Tennessee. One thousand twenty-nine men and women have been executed since 1977.
Please raise your voice against capital punishment by making even a single appeal against a scheduled execution. In each case noted below, please seek a commutation of sentence to life in prison. Where you see a web link after the name of someone now facing execution, you can, if you are connected to the Internet, go to an NCADP web page, from which you can send an appeal. Of course, you can use the contact information below to send a letter or fax, or make a phone call. 
Mississippi: Bobby Wilcher is scheduled to be put to death on 7/11 http://www.democracyinaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=4300. Please make appeals to: Governor Haley Barbour, P.O. Box 139 
Jackson, MS 
39205, Fax:(601)359-3741, Tel: 877-405-0733 (601)359-3150.
Texas: Now scheduled for execution are: Derrick O’Brien, 7/11 http://www.democracyinaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=4301; Mauriceo Brown, 7/19 http://www.democracyinaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=4303; Robert Anderson, 7/20; http://www.democracyinaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=4304
; Allen Bridgers, 7/25; http://www.democracyinaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=4307; and William E. Wyatt, Jr., 8/3.  Please request of Governor Rick Perry that he grant a 30-day stay of execution (the most he is allowed to do on his own under Texas law), and clemency if it is recommended by the Texas Board of Pardons and Paroles. Please request of the Board that it make a recommendation to the Governor in favor of a commutation of sentence to life in prison, which is required before the Governor may grant one. Appeals may be made to: Governor Rick Perry/ Office of the Governor, P.O. Box 12428, Austin, TX 78711-2418, phone: 512-463-1782, fax: 512-463-1849, e-mail: Fill out the form at the bottom of the page at: http://www.governor.state.tx.us/contact. You may reach the Texas Board of Pardons and Paroles at: Attn: Ms. Rissie L. Owens, Presiding Officer/ Executive Clemency Section: PO Box 13401, Capitol Station/ Austin, TX 78711-3401/ phone: 512-406-5852/ fax: 512-467-0945; 512-406-5482/ email: bpp-pio at tdcj.state.tx.us.
Pennsylvania: 
Ohio: Rocky Barton is scheduled to be executed on 7/12 http://www.democracyinaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=4298, and Darrell Ferguson on 8/8. Please make appeals to Governor Bob Taft at: Vern Riffe Center/ 77 S. High Street, 30 Floor/ Columbus, OH 43215/ phone: 614-644-0813/ fax: 614-466-9354/ e-mail: e-mail: http://governor.ohio.gov/contactinfopage.asp.
South Carolina: Now facing death on 7/14 is William Downs http://www.democracyinaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=4302. Please send appeals to Governor Mark Sanford/ State House/ P.O. Box 12267/ Columbia, SC 29211/ Fax:(803)734-5167/ Tel:(803)734-9400/ web:  http://www.scgovernor.com/Contact.asp?sitecontentid=33.
Virginia: Brandon Hedrick now faces on 7/20 http://www.democracyinaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=4306, as does Michael Lenz, on 7/27 http://www.democracyinaction.org/dia/organizations/ncadp/campaign.jsp?campaign_KEY=4308. Please contact Governor Warner, who has full power to grant a commutation of sentence. He may be reached at: Governor Tim Kaine / State Capitol/ Richmond, VA 23219/ Fax:(804)371-6351/ Tel:(804)786-2211/ http://www.governor.virginia.gov/AboutTheGovernor/contactGovernor.cfm
Pennsylvania: An execution date of 7/25 has been set for Mark Spotz.  Please make appeals to Governor Ed Rendell/ 225 Main Capitol Bldg./ Harrisburg, PA 17120/ Tel:(717)787-2500/ Fax:(717)772-8284/ email can be sent from http://sites.state.pa.us/PA_Exec/Governor/govmail.html.
Montana: David Dowson is scheduled to be put to death on 8/11. Please make appeals to: Montana Governor Brian Schweitzer, Office of the Governor, Montana State Capitol Bldg., P.O. Box 200801, Helena MT 59620-0801, (406) 444-3111, FAX (406) 444-5529, web: http://governor.mt.gov/contact/comment.asp.
Tennessee: The state of Tennessee proposes to put to death, on 8/15, Stephen Hugueley. Please contact Governor Phil Bredesen at: State Capitol/ Nashville, TN 37243-0001/ phone: 615-741-2001/ fax: 615-532-9711/ e-mail: phil.bredesen at state.tn.us
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