132nd person exonerated from death row

cnn.com

Man who spent 22 years on death row is cleared

WASHINGTON (CNN) — A former death row inmate in Tennessee has been cleared of murder, three years after the Supreme Court raised repeated questions about his conviction.

After 22 years on death row, Paul House was released on bail and has now been cleared of murder charges.

1 of 2 State prosecutors on Tuesday asked a judge to drop all charges against Paul House, who was convicted of murder and sentenced to die in 1986. Special Judge Jon Blackwood accepted the request.

House had been scheduled to be executed next month for the 1985 murder of Carolyn Muncey. He had been on death row for 22 years but was released on bail last year. He has multiple sclerosis and must use a wheelchair.

The high court ruled in June 2006 that House was entitled to a new hearing.

“Although the issue is closed, we conclude that this is the rare case where — had the jury heard all the conflicting testimony — it is more likely than not that no reasonable juror viewing the record as a whole would lack reasonable doubt,” wrote Justice Anthony Kennedy for the 5-3 majority.

House’s appeal was championed by the Innocence Project, affiliated with the Cardozo School of Law in New York.

“In the three years since the U.S. Supreme Court stepped into this case and sent it back to the trial court, substantial additional DNA testing and further investigation have shown that he is innocent,” said Peter Neufeld, the group’s co-director. “Each time a layer of this case was peeled away, it revealed more evidence of Paul House’s innocence.”

Muncey disappeared from her rural Luttrell, Tennessee, home on July 13, 1985. Her body was found a day later, badly beaten and showing signs of a struggle. She had been raped.

House, who was on parole at the time as a sex offender, was questioned by police. He denied any involvement in the crime. He was a friend of Muncey’s husband, but claimed he was in his own house several miles away the evening of the murder. But prosecutors found a hole in his alibi, discovering that he had left his home the night of the murder and returned about an hour later with unexplained cuts and bruises.

Forensic evidence found Muncey’s blood on House’s jeans, but questions were later raised whether the samples were contaminated en route to an FBI lab for analysis.

Subsequent state-of-the art DNA testing conducted after the conviction showed that semen on the victim belonged to her husband, not House. Blood under her fingernails and cigarette butts discovered near the wooded crime scene also did not match the accused.

But prosecutors maintain that other evidence points to his guilt. Muncey’s family has also continued to believe that House was involved in the crime.

In 2005, House told CNN he did not rape or kill Muncey, and he wondered why he was still on death row.

“I guess that’s the million-dollar question,” he said.

While maintaining his innocence, he said that lying to police about his whereabouts that night was a big mistake.

Kennedy, in his 2006 high court ruling, offered an extensive summary of the facts of the investigation, especially the DNA evidence, which he said might point to “a different suspect.” Kennedy said jurors might conclude that Muncey’s blood found on House’s pants may have inadvertently spilled there during the autopsy or through mishandling by police at the crime scene.

District Attorney Paul Phillips wrote in his petition this week that he still believes House could have been convicted again in a new trial, “but the new evidence (including the forensic examinations) raises a reasonable doubt that he acted alone and the possibility that others were involved in the crime.”

But Phillips noted the “substantial sentence” House has served as another reason for the charges being dropped now.

Another Death Row Exoneration

Nathson Fields is the 131st person to be exonerated and freed from death row.

Nathson Fields is also the 13th exonerated death row prisoner in Illinois.

Fields’ case is another typical case in the american justice system, filled with all the usual elements: racism, judicial corruption, prosecutorial misconduct, and on and on.

Nathson Fields is the 131st innocent person to be saved from the american death machine.

How many more lives will it take before the racist, unjust and barbaric death penalty is completely abolished for once and for all in the United States?

www.suntimes.com

Man formerly on Death Row acquitted in retrial

BY RUMMANA HUSSAIN Staff Reporter

A former high-ranking gang member sent to Death Row by a Cook County judge convicted of fixing murder cases was acquitted Wednesday for the double homicide he was imprisoned for two decades ago.

“I feel like my prayers have been answered,” Nathson Fields, 55, said after Judge Vincent Gaughan issued the not guilty verdict in the retrial. “It’s like a dream.”

The former El Rukn “general” spent 11½ years on Death Row for the 1984 murders of rival gang members Jerome “Fuddy” Smith and Talman Hickman.

Fields was granted a new trial in 1998 when the Illinois Supreme Court ruled that he and his co-defendant Earl Hawkins had been denied a fair trial since Thomas J. Maloney, the judge who heard the initial case in 1986, took a $10,000 bribe from Hawkins’ lawyer to acquit the two men.

Maloney later returned the money, convicted the men and sentenced them to death when he learned he was under federal investigation.

Maloney, who died last year, spent 13 years in prison for fixing murder cases.

Gaughan said Wednesday he found the prosecutors’ witnesses, including their key witness, Hawkins, incredible.

Hawkins, who admitted to killing 15 to 20 people, pleaded guilty to a lesser charge of armed violence in exchange for his testimony against Fields.

“If someone has such disregard for life, what regard would they have for the oath?” Gaughan said, questioning Hawkins’ credibility.

Fields’ attorneys, Jean Maclean Snyder and Herschella Conyers, said the state’s attorney’s office should have dropped the murder charges over a decade ago.

“All along they knew these witnesses, to be charitable, were flawed,” Maclean Snyder said.

Fields has been living in the south suburbs since 2003, when he was released on bond. He plans to continue working on rehab construction and speaking to youths about the perils of crime.

New Mexico Abolishes the Death Penalty!

Back from Spring Break today and I received some truly wonderful news.

The death penalty has been abolished in New Mexico!

After Governor Bill Richardson signed the bill, New Mexico is now the 15th state in America that no longer executes human beings.

Congratulations to all the many people who have worked so hard in New Mexico and can now celebrate a fantastic victory.

Thank you to all who continue to fight for justice and human rights.

Thank you to all who refuse to be on the side of the executioners.

Today is a great day.

ABOLITION IN NEW MEXICO!

www.abqjournal.com

BREAKING: Death Penalty Dead
By Dan Boyd

Gov. Bill Richardson signs death penalty bill, which ends executions in New Mexico.

Richardson announced he would sign the bill at a 6 p.m. press conference today in Santa Fe.

——————————

SANTA FE (AP) — Gov. Bill Richardson says he is signing a bill repealing New Mexico’s death penalty.

The bill replaces lethal injection with a sentence of life in prison without the possibility of parole.

The governor faced a deadline of midnight for making a decision on the bill that lawmakers sent him last week.

New Mexico is only the second state to ban executions since the U.S. Supreme Court reinstated the death penalty in 1976.

It joins 14 other states that do not have capital punishment.

New Mexico has executed nine men since 1933. The most recent execution was in 2001.

There are two men on death row whose sentences are not affected by the repeal.

Two Judges Admit Jailing Kids For Cash

What a sickening news item.

These judges, though, are in the grand tradition of the american injustice system. You can be sure that this business venture involved selective repression of Blacks and Latinos.

Corrupt judges paid to detain youths in private jails

WASHINGTON (AFP) — Two former judges in Pennsylvania have admitted to receiving more than 2.6 million dollars in pay-offs from companies that run private prisons for sending them minors for detention or disciplinary camps.

The admissions, which were made by judges Mark Ciavarella and Michael Conahan in a plea agreement filed in federal court last week, has sparked protests by outraged parents and relatives of youths whose cases were handled by the judges.

In the plea agreement, Ciavarella and Conahan admitted they “abused their position … by secretly deriving more than 2,600,000 (dollars) in income … in exchange for official actions.”

Those actions included “entering into agreements guaranteeing placement of juvenile offenders with PA Child Care, LLC (and) facilitating the construction of juvenile detention facilities,” according to the document.

Pennsylvania Child Care and Western Pennsylvania Child Care also stood to make tens of millions of dollars from the scheme, the plea document said.

They were charged with wire fraud and conspiracy to commit fraud against the United States.

The Juvenile Law Center, an advocacy organization for youths in trouble with the law, will file complaints from several dozen families who learned that their child was unjustly detained, a spokesman told AFP Monday.

Some families have filed complaints separately.

More than 5,000 adolescents between the ages of 13 and 18 were found guilty between 2002 and 2007 when the judges were active in Luzerne county, an impoverished former mining area where the majority of residents are white.

Of those, more than 2,000 were ordered sent to detention, said Marie Roda, a spokeswoman for Juvenile Law Center.

Many were from families with little money or education, which made them “easy targets,” she said.

“A lot of them didn’t have lawyers and when they asked for a public defender and they were told it would be weeks to wait,” she said.

The judges face at least seven years in prison under the plea agreement. But the federal judge hearing their case could sentence them to up to 25 years in prison.

A decision is not expected for several months.

“Families have been calling non-stop since this came out but not all of the families have signed onto the suit yet,” Roda said.

“We don’t know how many families it’s going to be. We know some of them are not going to file. They just want it to go away, they just want to let it go,” she said.

The Pennsylvania Supreme Court on Wednesday named a special judge from outside the area to review all the cases tried by the tainted judges.

The cases include those of a youth detained for nine months for stealing a four-dollar jar of spices, and a 13-year-old who was sent to “boot camp” for several weekends for exploring an abandoned building.

In many cases, youths were sent to prisons far from their families, often against the recommendation of probation officers.

Oakland transit cop murders man handcuffed, lying on the ground

Brace yourself for the following video footage. Here’s the latest known murder of a minority by a member of the gang of trained killers, this time in California.

Oakland transit cops came to a subway station to break up a fight. They had a 22 year old man named Omar Grant handcuffed and on the ground when an officer shot him point blank in the head.

A person who witnessed the horrific execution also filmed the shooting as it happened.

Troy Davis Update

From Equal Justice USA

The 11th Circuit Court of Appeals in Atlanta will hold a hearing on December 9th to determine whether Troy Davis can continue to appeal his death sentence or whether the execution should go forward. Davis has already come close to execution several times. His family and supporters world wide are all hoping that the court will grant him the opportunity to prove his innocence.

Troy Davis was sentenced to death for the murder of Police Officer Mark MacPhail in Savannah, Georgia. According to Amnesty International, the case against him consisted entirely of witness testimony that contained inconsistencies, even at trial. Since then, all but two of the state’s nine non-police witnesses from the trial have recanted or contradicted their testimony. Many of these witnesses have stated in sworn affidavits that they were pressured or coerced into testifying or signing statements.

Troy Davis given a stay of execution!

There will be no execution on Monday!!!!

A great development for sure but the struggle to save Troy’s life is far from over.

Continue fighting the executioners!

Continue fighting for justice!

Court issues stay of execution for Troy Davis

By BILL RANKIN, RHONDA COOK
The Atlanta Journal-Constitution
Friday, October 24, 2008

The federal appeals court in Atlanta on Friday stayed the execution of Troy Anthony Davis, who was scheduled to be put to death by lethal injection Monday evening.

“Upon our thorough review of the record, we conclude that Davis has met the burden for a stay of execution,” the court said in a ruling issued by Judges Joel Dubina, Rosemary Barket and Stanley Marcus.

Davis, 40, recently lost an appeal before the U.S. Supreme Court.

Davis is on death row for the Aug. 19, 1989, murder of 27-year-old Savannah police Officer Mark Allen MacPhail. Since Davis’ trial, seven of nine key prosecution witnesses have recanted their testimony.

The defendant’s claims of innocence have drawn opposition to his execution from leaders across the globe, including former President Jimmy Carter and Pope Benedict XVI.

Davis’ lawyers expressed relief and jubilation over the court’s decision.

“This is the first step toward a court hearing to consider the new evidence – something we have been asking for for almost a decade now,” attorney Jason Ewart said.

Neither MacPhail’s mother or sister had heard the news when a reporter called. The officer’s 75-year-old mother, Anneliese, declined to comment until she had more information.

MacPhail’s sister, Kathy McQuary, cried.

Earlier this week, Davis asked the 11th U.S. Circuit Court of Appeals for permission to pursue another round of appeals in federal court on claims he is actually innocent. Permission for a new round of appeals is required under the Antiterrorism and Effective Death Penalty Act of 1996.

On Friday, the court said the stay of execution is conditional. Davis must make a showing he can meet the “stringent requirements” to pursue another round of appeals, the decision said.

The court directed Davis’ lawyers to file a legal brief on their arguments within 15 days. The state Attorney General’s Office has another 10 days to respond

Troy Davis Global Action Day

Only four days left before the scheduled execution that’s been set because both the Supreme Court and the State of Georgia decided to ignore overwhelming evidence of Troy Davis’ innocence.

Please do whatever you can to help save this innocent man’s life.

Stand Firm For Justice!

From National Coalition to Abolish the Death Penalty

http://www.ncadp.org/

Activists and lawyers are working around the clock to stop the scheduled execution of Troy Davis from happening on October 27. New appeals were filed yesterday. The time is now to attend actions and contact public officials (contact info listed at the bottom of this message).

Amnesty International has issued a call for a Global Day of Action set for today (Thursday, October 23) in conjunction with a large rally at the Georgia State Capitol in Atlanta to stop the execution of Troy Davis. The rally will begin at 6 PM.

The National Coalition to Abolish the Death Penalty supports this initiative and is encouraging all of our members, supporters and allies to participate in some way. If you can attend the rally in Atlanta, please do so. If not, find an action in your community and attend. Those we know of are listed below.

Also scroll down to the bottom of this email for contact info of Georgia public officials you can contact.

Here is a list of scheduled actions:

ATLANTA, GEORGIA

RALLY AT THE CAPITOL STEPS
206 Washington Street SW
Speakers:
*Reverend Al Sharpton, National Action Network
*Larry Cox, Executive Director Amnesty International
*Steve Hawkins, NAACP Executive Vice President
*MC’d by Lorraine Jacques White, radio host on WAOK

Sponsored by Amnesty International, NAACP and National Action Network
For more info call 404-876-5661 x13
__________________________________________________________
SOLIDARITY ACTIONS (See below for full announcements):
*Arizona
*California
*Colorado
*Washington, DC
*Georgia
*Illinois
*Michigan
*New Hampshire
*New York
*Pennsylvania
*Virginia
*Washington

Also:
*Belgium
*France
*Italy
*UK
__________________________________________________________
ARIZONA

Thursday, October 23, 4 PM
Solidarity Rally for Troy Davis
Memorial Union, Arizona State University
Tempe
Contact Sarah.R.Oliver@asu.edu or mlkubik@asu.edu

__________________________________________________________
CALIFORNIA

PALM SPRINGS:
Solidarity Rally for Troy Davis
Desert Sun, 750 N. Gene Autry Trail
Thursday, Oct. 23 noon
More info: fsmotr@earthlink.net

BAY AREA:
Join the Global Day of Action for Troy Davis
Thursday, October 23rd
5:00 pm, Powell and Market, San Francisco
Help us gather petition signatures

Speak out on the day of the scheduled execution
Stand in solidarity with Troy
Monday, October 27th
3:00 pm, Federal Building, 450 Golden Gate Ave, San Francisco
Stand in solidarity with Troy

For more info call: 510-394-8925
Sponsored by the CEDP and Death Penalty Focus
__________________________________________________________

COLORADO
Action at Old Town Square, Fort Collins
Th. Oct. 23, 4 PM
More info: swanson.marla@gmail.com

__________________________________________________________

DISTRICT OF COLUMBIA
Columbia Heights: Th. Oct. 23, 6 PM
STAND FIRM FOR JUSTICE: Solidarity Rally for Troy Davis
Corner of 14th St. and Park Rd. NW (the paved triangular area), right by the Columbia Heights Metro.
jcohn@aiusa.org

Howard University: Th. Oct. 23, 12:30 PM
Solidarity Rally for Troy Davis
Outside Douglass Jall, by flagpole
More info: lindsayparme@hotmail.com
__________________________________________________________
GEORGIA

Atlanta: 10-26-08, 6 PM
Prayer rally for Troy Davis and Friends of God Concert
Immanuel Baptist Church, 644 Memorial Drive
More info: Pastor George, micaiah_1@msn.com

Kennesaw: Oct. 23, noon
Emergency SpeakOut to Save Troy Davis
Campus green, Kennesaw State University
GET ON THE BUS! Passenger vans will be transporting students and others to/from Kennesaw State University to the 6
PM downtown rally at the capitol. Seats reserved on a first-come/first-served basis.

Call 607-280-4070 to reserve your seat now. More info: call Matt at 404-452-2697

__________________________________________________________
ILLINOIS

Chicago: October 23, 5:30 PM
Speak-out for Troy Davis!
DePaul University Student Center, 2250 N. Sheffield
March to Quad for candlelight vigil

Sponsored by Amnesty International–DePaul Chapter and Midwest Regional Office; Campaign to End the Death Penalty; DePaul Students Against the Death Penalty; and National Alliance Against Racist and Political Repression

Contact aweger@students.depaul.edu for more info.

Monday, October 27 5 PM
Speak-out to Save Troy Davis!
Federal Plaza, Adams & Dearborn
For more info contact the Campaign to End the Death Penalty at julien@nodeathpenalty.org or 773-955-4841

__________________________________________________________
MICHIGAN
Monday, October 27 7 a.m. to 8 p.m.
Protest the execution of Troy Davis on the campus of Muskegon Community College
Muskegon, MI
More info: tracy.holt@muskegoncc.edu

__________________________________________________________

NEW HAMPSHIRE
Th. Oct. 23, 3 PM
Vigil at the corner of Wheelock and Main, across from the Hanover Inn
Hanover, NH
More info: 603-448-4655 or sandy.stettenheim@valley.net
__________________________________________________________

NEW YORK CITY:

Day of Action NYC:

STOP THE EXECUTION OF TROY DAVIS!

US Supreme Court denies justice for Troy Davis & lifts stay of execution!

What: Demonstration for Troy Davis

When: Thursday, October 23rd at 5.30 PM

Where: 33rd Street and 8th Avenue – SE corner (NYC)

Who: Campaign to End the Death Penalty, Amnesty International, American Civil Liberties Union.

Why: October 14th, the US Supreme Court denied Georgia death row prisoner Troy Davis’ request for a new trial. The
decision was a cruel answer to Troy and his family who were hoping the Court would review the facts and
circumstances surrounding his unjust conviction. Troy was convicted without physical evidence — instead, the case
against him relied on witness testimony. However, since his conviction 7 of the 9 witnesses have recanted their
testimony at trial.

Troy’s case has become an important battleground for all those who are concerned about the unfairness of a legal
system that routinely sends the poor and minorities to prison without due process. Concerns about Troy’s case have
prompted a wide range of individuals from across the world to call for a halt to his execution. From former President
Jimmy Carter to Rev. Desmond Tutu, people concerned with justice have been organizing on Troy’s behalf.

JOIN US! Join the tens of thousands who demand justice for Troy Davis!

Demonstration this Thursday, 33rd Street and 8th Avenue (NYC).

More info: Alyce Stark, asce4@earthlink.net; Jamie Wood, jwood@aiusa.org; or Lee Wengraf, lwengraf@earthlink.net.
__________________________________________________________

PENNSYLVANIA

Bethlehem
Th. Oct. 23, 5:30 PM
Rally for Troy Davis
Lehigh University Bookstore (on Morton Street).
More info: cjs719@gmail.com

Shippensburg
Th. Oct. 23, 2 PM
Candlelight Vigil for Troy Davis
Shippensburg University
In front of Ezra Lehman Memorial Library
Sponsored by Amnesty International–Shippensburg University
More info: nt7635@ship.edu
__________________________________________________________

VIRGINIA

DOWNTOWN NORFOLK
Sunday, October 26, 2 PM
Rally and demonstration in support of Troy Davis
Federal Courthouse, W. Brambleton Ave. between Granby and Monticello
Sponsored by Old Dominion University and Hampton Roads Amnesty International Group
For more info, call (757)515-9520 or email bnich008@odu.edu

WILLIAMSBURG
Thursday, Oct. 23, 4 PM
Rally in support of Troy Davis
College of William & Mary, in front of the Wren Building
Sponsored by the William & Mary chapters of the Students for the Innocence Project, the Black Law Students
Association, Amnesty International and the American Civil Liberties Union.

More info: wmsfip@gmail.com

__________________________________________________________

SEATTLE, WASHINGTON
Th. Oct. 23, 6:30 PM
Candlelight Vigil for Troy Davis
Westlake Plaza
Sponsored by Amnesty International Local Group 4
More info: violist2@gmail.com 206-713-5685

__________________________________________________________

INTERNATIONAL ACTIONS:

BRUSSELS, BELGIUM
Oct. 23, 4:30 PM
Solidarity vigil for Troy Davis
Court of Justice
Sponsored by Amnesty International

MONTREAL, CANADA
Th. Oct. 23, 5:30 PM
Vigil in front of US Embassy
More info: Aude Exertier, Anti Death Penalty Coordinator, AI Canada (French section)
audeexertier@gmail.com

BELFORT, FRANCE
Th. Oct. 23, 6 PM
Rally in front of the Belfort Court of Justice

PARIS, FRANCE
Th., Oct. 23, 8:30 PM
Rally/Die-in at La Place Saint-Michel

STRASBOURG, FRANCE
Sa. Oct. 25
Candlelight vigil in front of the cathedral

MILAN, ITALY
Th. Oct. 23, 6 PM
Rally in front of the US Consulate

LONDON, UK
Th. Oct. 23
Vigil at the U.S. Embassy (Grosvenor Square)
Sponsored by Amnesty International

__________________________________________________________
PHONE/EMAIL/FAX/TEXT MESSAGE ACTIONS:

*Text message “TROY” to 90999 to send a message to the Board of Pardons and Paroles.

*Write a letter to the editor.

*Call on Georgia public officials to stop Troy’s execution

CONTACT INFO FOR GEORGIA PUBLIC OFFICIALS:

Chairman Gale Buckner
State Board of Pardons and Paroles
2 Martin Luther King, Jr. Drive, SE
Suite 458, Balcony Level, East Tower
Atlanta, Georgia 30334-4909
Telephone: (404) 657-9350; 404-656-5712 or 404-651-8502
Fax: 404-651-6670; (404)651-8502; (404) 651-5282; (404) 463-6627

Or fax or email a message through Amnesty’s Web site: http://amnestyusa.org/troydavis

Thurbert E. Baker
Office of the Attorney General
40 Capitol Square, SW
Atlanta, Ga 30334
Phone:(404) 656-3300
Fax:(404) 657-8733

Spencer Lawton, Chatham County District Attorney
Chief Assistant District Attorney David Locke
133 Montgomery Street
Savannah, Georgia 31401
Phone: (912) 652-7308
Fax: (912) 652-7328 or (912) 447-5396

Georgia Governor Sonny Perdue
Office of the Governor
Georgia State Capitol
Atlanta, GA 30334
Fax:(404)657-5947
Tel:(404)656-1776
web: http://gov.state.ga.us/contact.shtml

***

Help Stop the Execution of Troy Davis

As expected, the state of Georgia has moved quickly and set an execution date of October 27.

Every minute of every hour of every day, now matters more than ever in this struggle to save Troy Davis’ life and in this fight against the racist and class biased american criminal justice system.

Here are some more actions that can be taken.

From Equal Justice USA

Write a Letter to the Editor about Troy Davis’ Case

Urge the Georgia Board of Pardons & Paroles to grant clemency to Troy Davis

Campaign to Save Troy Davis

From Georgians for Alternatives to the Death Penalty

www.gfadp.org

Take Action!

Stand Firm for Justice!
Global Day of Action for Troy Davis
Thursday, October 23, 2008

Atlanta Rally:
Oct. 23, 6-8pm, State Capitol front steps

If you are outside of Atlanta and would like to organize a solidarity event on Oct. 23, please email troy@aiusa.org.

Please continue to collect petitions and send letters for Troy.

We want to collect an abundance of letters for distribution at the appropriate time.

Write your own letters and fax them to 404/876-2276, or email them to troyactions@yahoo.com, or use the online action at http://www.amnestyusa.org/troydavis (AI is collecting them for delivery at a later time).

Write letters to the editor

We’d like to have a steady stream of people writing letters to the editor. If you would be willing to write one, please email Laura Kagel – laura.kagel@gmail.com – who will be keeping track of our grassroots media outreach. It’s ok if you’ve never written one before – we can provide guidance/models!