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In brief: October 2022

In California, a new report from the U.S. Department of Justice describes how the Orange County District Attorney’s Office and the Orange County Sheriff’s Department

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California man is freed on DNA evidence after 38 years in prison

“What has happened to Mr. Hastings is a terrible injustice,” Los Angeles District Attorney George Gascón said at a news conference announcing Maurice Hastings’ release late last month. “The justice system is not perfect, and when we learn of new evidence which causes us to lose confidence in a conviction, it is our obligation to act swiftly.” Hastings, now 69, was sentenced to life without parole in 1988 for the

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In brief: November 2022

In Texas, Tracy Beatty was killed early last month despite valid questions about whether his crime qualified for the death penalty. Beatty was found guilty of strangling his mother, Carolyn Click, in 2003 after a violent argument. But, as the Texas Tribune reports, Texas law requires that to charge a defendant with capital murder, special circumstances must be involved, such as killing a police officer or committing the murder during

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Alabama’s cruel and unusual execution protocol results in another botched execution

For the second time in two months, Alabama botched an execution. Corrections officials ended their attempt to kill Kenneth Smith on November 17 after trying and failing for over an hour to find a usable vein for its lethal drugs. On Friday, a judge granted Smith’s lawyers’ motion to preserve evidence of his injuries from the botched procedure. They asked that “documentation of his injuries and notes, records, photographs, videos,

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While we’re on the subject. . . .

The problems with Alabama’s July execution of Joe Nathan James, Jr., during which it took the execution team three hours to kill him because of their difficulty finding a usable vein for the lethal injection drugs, make it clear that the men and women in the execution chamber need, and should be guaranteed the right to have their lawyers present, with access to a phone, during the execution process. So,

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SCOTUS roundup: Andre Thomas, Rodney Reed, Dylann Roof

Andre Thomas The Court, in a 6-3 decision, rejected an appeal by Andre Thomas’s lawyers to review his case because it was tainted by racism. Thomas was sentenced to death in 2005 for killing his wife, their son, and her daughter in Sherman, Texas, in 2004. In his petition for writ of certiorari, his lawyers argued that three members of his all-white jury (Thomas is Black) had stated their opposition

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SCOTUS denies cert filed by three California DAs

The U.S. Supreme Court shot down an attempt by three California district attorneys to intervene in a lawsuit challenging the constitutionality of the state’s lethal injection protocol earlier this month. San Bernardino, Riverside, and San Mateo County DAs Jason Anderson, Michael A. Hestrin, and Stephen M. Wagstaffe had petitioned the Court for a writ of certiorari in May.  The lawsuit was filed in 2018 by five men on California’s death

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Oklahoma: execution frenzy continues; more evidence of Glossip innocence

Oklahoma killed Benjamin Cole last week, a severely mentally ill man who did not understand the legal proceedings surrounding his execution. The 57-year-old Cole was convicted of killing his nine-month-old daughter, Brianna, in 2002.  “Ben lacked a rational understanding of why Oklahoma took his life today,” attorney Tom Hird said in a statement issued after Cole was killed. “Benjamin Cole was a person with serious mental illness whose schizophrenia and

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Surprising verdict against death for the Parkland shooter

When the jury in the death penalty trial of Nikolas Cruz, who pled guilty to killing 17 students and teachers and wounding 17 others at Florida’s Marjory Stoneman Douglas High School in 2018, returned a verdict of life without parole earlier this month, the shock waves reverberated across the country.  “Families shocked as jury spares life of Parkland killer,” the New York Times headline read. “Families of Parkland massacre victims

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In brief: October 2022

In California, a new report from the U.S. Department of Justice describes how the Orange County District Attorney’s Office and the Orange County Sheriff’s Department “systematically violated criminal defendants’ Sixth Amendment right to counsel and Fourteenth Amendment right to due process of law” in its longtime use of a secret jailhouse informant program. “The failure to protect these basic constitutional guarantees not only deprives individual defendants of their rights, it

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