At the Death House Door

On Thursday, May 8, the Memphis TCASK chapter hosted an advanced screening of the new documentary “At the Death House Door,” directed by Steven James and Peter Gilbert. The film, produced by the Independent Film Channel, focuses on two individuals, Carroll Pickett and Carlos De Luna. Pastor Carroll Pickett served as prison chaplain of the infamous “Walls” unit in Huntsville. During his 15 year career at Huntsville he oversaw the executions of 95 death row inmates, including that of Carlos De Luna. De Luna’s case is one of the most compelling cases of a likely innocent individual being executed.

Pickett serves as a fascinating subject for a documentary. The Reverend was pro-death penalty as he began serving as chaplain at Huntsville. While the job was emotionally tolling, he believed he was taking part in something that was right. Over time, his sentiment transformed. He attributes his change to witnessing the executions of young men, the mentally retarded, and those with mentally illness (amongst many other problems with the death penalty in Texas). His transformation culminated in the case of Carlos De Luna. On December 7, 1989, the state of Texas executed Carlos De Luna. De Luna was executed for the crime of a man with very similar appearance, Carlos Hernandez. I will not get into the details of De Luna’s case or his relationship with Pickett. My description would not be worthy of the power of the film, i.e., see this documentary.

“At the Death House Door” was shown at Christian Brothers University in Memphis, TN to a crowd of nearly 50. Afterwards we held a brief discussion on the film and the topic matter it presented. Many in the audience were emotionally impacted by the personal stories of Pickett and De Luna. Although we work against the death penalty as a public policy, the personal stories of those who experience it directly are unforgettable. Although there were some differing opinions amongst the audience, they were all in agreement that a person is never too old to develop a new understanding; just ask Carroll Pickett.

The film will be shown on the Independent Film Channel on May 29 at 9 PM ET.

Death Penalty Cost Op-Eds

Tennessee's State Funding Board has heard from experts that there will be a revenue shortfall between $271 and $380 million dollars. "State officials have been told to expect to cut up to $380 million more in spending before the fiscal year ends in June." This news prompted TCASK members Harry Simpson of Nashville and Steve Reddick of Oak Ridge to write their local papers because they both believe that the state is spending far too much money on one area of public policy.

Read Harry's letter in the Tennessean HERE.

"For years, experts have known that the death penalty’s costs are exorbitant. Maryland found that the death penalty cost taxpayers at least $186 million more in prosecuting and defending capital murder cases over two decades than would have been spent without the threat of execution and has executed a total of five people."

Read Steve's letter in the Oak Ridger HERE.

"And I'm not suggesting that abolishing the death penalty would solve all (or even many) of our state's budget woes. But abolition would certainly free up dollars to better address the root causes of crime and to help crime victims and their families. That, to me, is an investment worth making."

Resistance and Remembrance: Philip Workman Anniversary

(Portions of this reflection written by Stacy Rector are taken from “Pizza Resistance in Tennessee” in Hospitality (August 2007), a publication of the Open Door Community in Atlanta, Georgia)

One year ago—May 9, 2007—the state of Tennessee executed Philip Workman for the death of Memphis police officer, Lt. Ronald Oliver, who was killed in a shootout following the armed robbery of a Wendy’s restaurant. Evidence in the case indicated that though Workman was guilty of the armed robbery, he was not guilty of shooting the police officer, who was most likely killed by “friendly fire.”

Philip Workman had six execution dates set and was moved to death watch four different times during his incarceration on Tennessee’s death row. The final time Workman went to death watch he was asked what he wanted to eat for his last meal. Workman requested that a homeless person be given a vegetarian pizza. He didn’t ask for lobster or steak or chocolate cake. He didn’t ask for one thing for himself. His last act—his last meal—he gave to someone else, to a homeless stranger, someone most rarely consider on their best day, must less their last day.

The state refused to deliver the pizza. The reason: the state could not use taxpayer money for such a charitable purpose. So with an empty belly but lips full of prayer, Philip Workman was strapped to a gurney, and after 17 agonizing minutes, breathed his last. The state had taken his life, and yet…

The pizza began showing up. Donna Spangler, a Nashville resident and some of her friends, donated 150 pizzas--$1,200 worth—to the Nashville Rescue Mission. Linda Carter, a member of Second Presbyterian Church, Nashville, took nine large pizzas to the Campus for Human Development and shared dinner with the homeless there. The People for Ethical Treatment of Animals heard about Philip’s request and delivered 15 pizzas to the mission. The Oasis Center, a shelter for teenagers in Nashville, received 17 pizzas from a Minneapolis Radio station.

And the pizzas kept multiplying. Pete Gathje and Jenny Case reported that in Memphis at Emmanuel House, a house of hospitality, 20 large pizzas were served courtesy of Elizabeth Vandiver from Washington. In Portland, Oregon, the Sisters of the Road Café—a drop in eatery for the homeless—began receiving pizza. In Connecticut, Bob Nave, Executive Director of the Connecticut Network to Abolish the Death Penalty, reported 500 homeless people enjoyed 150 pizzas. And, Fabian Hathorn, along with other French activists, sent $200 to the Tennessee Coalition to Abolish State Killing to buy pizzas for the homeless. All told, over 1,500 homeless people nationwide enjoyed a pizza party because Philip Workman, executed by Tennessee as the “worst kind of monster,” chose to remember a homeless person as his last act on earth.

Today we remember the compassion of Philip Workman in his most agonizing hour. We remember Lt. Ronald Oliver, Philip Workman, and all those affected by their deaths. Today we remember that there is much work to be done, and we recommit ourselves to resisting and ultimately abolishing the death penalty in Tennessee. Let us on this day strive to live as people who affirm with Martin Luther King Jr.:

Returning violence for violence multiplies violence, adding deeper darkness to a night already devoid of stars. Darkness cannot drive out darkness, only light can do that. Hate cannot drive out hate; only love can do that.

As Executions Set to Resume in U.S.: Another Death Row Inmate Exonerated

May 2, 2008 -- Diann Rust Tierney, executive director of the National Coalition to Abolish the Death Penalty, issued the following statement today in response to today’s announced exoneration out of North Carolina:

“It’s been more than seven months since an execution occurred in the U.S. – the longest de facto moratorium in our country in 25 years. And today, just as executions are set to resume in the U.S., Levon “Bo” Jones becomes the 129th person to be freed from death row since 1976, after evidence of innocence emerged. He’s the eighth wrongly convicted death row inmate out of North Carolina alone. Nationally, there have been five death row exonerations since the current de facto moratorium began in late September. Jones is the second consecutive North Carolina man to be freed from death row after evidence of police misconduct was brought to light.

“It is therefore inappropriate -- indeed, incredible -- that executions are set to resume beginning next Tuesday in Georgia. Today I am reflecting on the fact that during the seven-month moratorium, states that are now gearing up to resume executions did absolutely nothing to assure that society’s ultimate sanction is fair or accurate.

“New Jersey is an example of the good that can come when states stop and assess. Legislators there during the past year held hearings on New Jersey’s death penalty system and ultimately decided to repeal it. Other states such as California and Tennessee also launched studies of their death penalty statutes.

“In contrast, states like Alabama and Texas sat on their hands – waiting for a signal from the U.S. Supreme Court that they could resume executions. And when the Court did rule, its conclusions did nothing to clean up the mismanagement and incompetence that is more routine than not in states carrying out executions. Mr. Jones spent 13 years on death row, and had he been an inmate in Alabama, Oklahoma, Texas or Virginia, it is quite likely he would be dead today – and the truth buried with him.

“This is proof positive that we don’t need to return to business as usual. States should suspend executions until they have examined their system and can assure us that innocent people are not at risk of execution.”

6th Circuit Panel Hears Appeal in Case of Paul House

A three judge panel in the 6th Circuit Court of Appeals heard arguments Wednesday in the appeal in the case of Paul House. Paul House remains on Tennessee's death row though new evidence indicating his innocence (including DNA) has been uncovered. He has been on death row for over 22 years. The three judge panel's ruling may take months to be delivered.

Read more about this HERE.

Curtis McCarty Speaks in Knoxville

On Thursday, April 24, I picked up Curtis McCarty from the Knoxville airport. We locked eyes as he passed through the security checkpoint and he flashed me a peace sign. As we shook hands, I tensed up--Curtis McCarty spent nearly 19 years on Oklahoma's death row for a crime he didn't commit. Would we talk about anything other than death row? Would we talk about death row at all? Would we have anything in common? As we walked to the car, Curtis and I spoke of our mutual fondness for the Stone Temple Pilots and Rage Against the Machine and our disdain for text messaging and pop music.

I told Curtis that we'd have some time to relax before our speaking engagement at the University of Tennessee Knoxville Law School. He grinned. "If there's anything I know how to do, it's killing time." The weather was pleasant so I gave Curtis a walking tour of the UT Campus. Students were out and about playing frisbee, volleyball, and baseball. I only graduated from college eleven months ago, so this was a familiar sight. Curtis's educational experience was different. He completed junior high, but dropped out of high school. While on death row, Curtis kept up with his studies in science and technology and educated himself on the laws dictating his life. When he speaks, its quickly apparent that he's a deeply intelligent. His words are chosen carefully. It's almost as if he speaks with the belief that every sentence could be his last.

Before Curtis was to speak at the law school, I told him that there would be attorneys, law professors, and students in the audience. This was an important event for TCASK; we're always looking to build relationships with schools. The room filled to almost 70 people. It was a Thursday evening in the midst of final exams.

Curtis began by immediately taking responsibility for ending up on death row. He shamefully recounted the juvenile history of drugs and crime which led him to associate with the murdered individual. To Curtis, his poor choices prior to his incarceration played a large role in his ending up in prison.

Yet, the state of Oklahoma is ultimately responsible for sending an innocent man to death row. The case of Curtis McCarty is riddled with problems that suggest he was wrongfully convicted in the murder of Pam Willis: suppressed evidence, destroyed evidence, and perjured testimony. Curtis spoke about his case with the knowledge and eloquence of a law professor. The students were impressed; some said Curtis knew more about death penalty law than they did, and were eager to bring him back for the UT Law Review Death Penalty Symposium next year.

The next day I took Curtis to speak at two assemblies at Knoxville Catholic High School. Again, this was an important event for us: Creating a strong base of Catholic support in Eastern Tennessee has always been a priority for TCASK. This time, Curtis spoke in a manner that suited the ages of his audience. Rather than sifting through the legal problems pervading his case, he focused on the personal story of his life.

"The only two people on this entire Earth who would testify on behalf of the worthiness of my life were my two parents. I have never been more ashamed in my entire life after I saw my mom tearfully pleading for the jury to spare me. I was still sentenced to death."

He shared photos taken at five year intervals when he was on death row. "It's tough to look at these photos because all I see are missed birthdays, graduations, soccer games, and weddings." The Principal told me afterwards that he saw specific students that he knew to be drug users hanging onto Curtis's every word. He said that we need to bring back Curtis every year.

The death penalty system is broken. 128 individuals have been released from death rows nationwide when evidence of their innocence emerged. Curtis knows this better than anyone, but he also knows that a life of crime made it easier for the state to convict him. It is a rare sight to witness someone so gracefully admit his shortcomings. A high school student asked Curtis, "When you got out of prison, were you angry?"

He replied, "I was angry, in fact I was very angry. I soon realized though that bitterness is unproductive. I wanted to be productive, and I wanted to seek justice. In order to do this, I had to stop being angry and instead tell my story." The story of Curtis McCarty is a story that needs to be told, over and over and over again.

Thanks to the Tennessean

In Sunday's Tennessean in the Opinion section, the paper explored the recent U.S. Supreme Court decision concerning the constitutionality of the current lethal injection protocols. Opinions by Attorney David Raybin and Wally Kirby, director of the District Attorneys General Conference, also appeared. The paper highlighted the opinion of U.S. Supreme Court Justice Stevens, the co-author of the court's 1976 decision reinstating the death penalty, who now believes that all capital punishment is unconstitutional.

The Tennessean goes on to quote Justice Stevens in his opinion written on April 16 which states that "the time for a dispassionate, impartial comparison of the enormous costs that death penalty litigation imposes on society with the benefits that it produces has surely arrived." The Tennessean concurs saying, "It has indeed. Can Governor Bredesen and his counterparts in 35 other states that impose the death penalty acknowledge that it is so?"

Read more here.

Channel 5 Story on Paul House

Last night, Channel 5 News in Nashville featured a story on Paul House and his upcoming release to the care of his mother, Joyce, while the courts continue to wrangle over his case after 22 years. The story includes an interview with Paul who is battling multiple sclerosis. All who have followed this case through the years can see how the disease is taking its toll.

TCASK will keep you updated on the case as information becomes available. The 6th Circuit Court of Appeals is scheduled to hear the case for the fourth time on April 30th. The hearing to set the conditions for Paul's release will occur on May 28th.

See the story here.

Justice Stevens Renounces Death Penalty

On initial viewing the ruling in Baze v. Rees is simple--7 Justices upholding Kentucky's lethal injection protocols and 2 Justices dissenting that ruling. Underneath that count is a splintered court that produced a separate concurring opinion by Justice John Paul Stevens.

An article focused on the ruling can be read HERE.
An article focused on Justice Stevens' opinion can be read HERE.

In the majority controlling opinion Chief Justice John Roberts made the following statements. “A slightly or marginally safer alternative” would not suffice, the chief justice said. He added: “Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of ‘objectively intolerable risk of harm’ that qualifies as cruel and unusual” under the Eighth Amendment."

It is important to clarify that Baze v. Rees was a case about the method of lethal injection and whether those methods violated the 8th amendment--not lethal injection itself. "The challenge was to the details of the injection’s administration: the chemicals used, the training of the personnel, the adequacy of medical supervision, and the consequences and risk of error." The justices were asked to rule if the risk imposed by the current lethal injection protocol in the state of Kentucky was in violation of the 8th amendment's ban on cruel and unusual punishment.

"In an opinion concurring with the majority’s judgment, Justice Stevens said he felt bound to “respect precedents that remain a part of our law.” But outside the confines of the Kentucky case, he said, the time had come to reconsider “the justification for the death penalty itself.”"

"He wrote that court decisions and actions taken by states to justify the death penalty were “the product of habit and inattention rather than an acceptable deliberative process” to weigh the costs and risks of the penalty against its benefits."

What troubles Justice Stevens is that states are justifying their death penalties as a result of its flaws rather than its successes. If states wanted to improve upon their death penalties they would be facing challenges based on what they can do better, not on what they are already doing, and continue to do wrong.

Amended Bill Passes Senate Judiciary

Yesterday the Senate Judiciary Committee passed an amended version of the death penalty study extension bill, extending the life of the Committee to Study the Administration of the Death Penalty for two months through the end of 2008. The original extension bill would have extended the Committee’s life for a full year until October 2009.

Senator Mark Norris of Memphis proposed the bill's amendment. Ultimately the amended bill passed with “yes” votes from Senators Doug Jackson, Jim Kyle, Beverly Marrero, John Wilder, Diane Black and Mark Norris. Senators Jamie Woodson, Mae Beavers, and Paul Stanley passed on the vote.

The District Attorneys’ Conference has been resisting any extension of this Study Committee as its leadership claimed that the Committee was stacked with abolitionists. Unfounded and unfair accusations have been made by the DA’s Conference's Executive Director, Wally Kirby, in media outlets throughout the state concerning the work and membership of this Committee. In fact, within the Judiciary meeting yesterday, Senator Kyle raised the possibility of disbanding the Committee and reappointing a whole different committee. However, Senator Jackson quickly stated that the current Committee is a fair minded and talented group of people who should be allowed to finish the work that they started. Thankfully, the majority of the Judiciary agreed.

The bill must now pass the full House and Senate, and we are hopeful that it will.