NCADP
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National
Execution Alert
August
2000
Florida:
Daniel Hauser (FL) W/? executed
August 22, 2000…7:00am (EST)
Dan Hauser is set to be executed this month by the state of Florida.
He has waived his appeals and is not currently represented by an attorney.
January 1, 1995 Melanie Rodrigues was killed. Dan Hauser pleaded
guilty and was sentenced in March of 1996. The court found that the
crime was premeditated and particularly heinous, thus deserving of capital
punishment.
On direct appeal to the Florida Supreme Court, Dan claimed that his
mitigating factors were not given adequate attention. These include
his full cooperation with the police, his good conduct while in jail, the
fact that he was under the influence of alcohol and/or drugs at the time
of the crime, and the fact that he has suffered from emotional and mental
health problems since he was just fourteen years old. His appeal
was denied.
Please contact Governor Jeb Bush to state your opposition to another
state sanctioned murder in Florida. The Bush brothers are responsible
for at least 30 executions this year alone. Let them know that this
must stop!
Please Contact:
Governor Jeb Bush
Executive Office of the Governor
The Capitol
Tallahassee, FL 32399-0001
phone: (850) 488-4441
fax: (850) 487-0801
[email protected]
www.state.fl.us/eog
Pardon and Parole Board
Executive Board of Clemency
2601 Blarr Stone Road
Building C, Room 229
Tallahassee, FL 32399
phone: (850) 488-2952
fax: (850) 488-0695
The Miami Herald
One Herald Plaza
Miami, FL 33132
phone: (305) 376-2100
fax: (305) 376-5287
[email protected]
www.herald.com
The News Journal
P.O. Box 2831
Daytona Beach, FL 32120
phone: (904) 252-1511
fax: (904) 258-8465
[email protected]
www.n-jcenter.com
Tallahassee Democrat
P.O. Box 990
Tallahassee, FL 32302
phone: (850) 599-2151
fax: (850) 599-2295
[email protected]
www.tallahassee.com
For More Information:
Florida Coalition to Abolish the Death Penalty
2363 Union Street
Fort Myers, FL 33901
phone: (941) 332-3449
fax: (941) 332-3449
Floridians for Alternatives to the Death Penalty (FADP)
PMB 297
177 U.S. Hwy #1
Tequesta, FL 33469
phone: (800) 973-6548
fax: (561) 743-2500
[email protected]
www.fadp.org
Georgia
Alexander Williams (GA)-B/? stay
of execution
August 24, 2000…12:01pm (EST)
Alexander E. Williams — who was just 17 years old and mentally ill
at the time of his offense, and who remains profoundly mentally ill —
may soon face electrocution in Georgia. He has nearly exhausted all remaining
avenues of judicial relief and his fate will soon rest with the Georgia
Board of Pardons and Paroles. Alex Williams was represented by a grossly
incompetent lawyer who failed to present to the sentencing jury any of
the compelling evidence regarding Alex’s youth, severe mental illness,
and chronic childhood abuse. His execution would be contrary to American
standards of justice, fairness, and decency as well as international law.
This is a call for his sentence to be commuted to life in prison.
I. LONG BEFORE HIS TRIAL, ALEX WAS SUFFERING FROM SEVERE MENTAL ILLNESS
AND HAD BEEN THE VICTIM OF REPEATED ACTS OF VIOLENCE AND ABUSE
Alex Williams has been diagnosed with schizophrenia — a profound psychotic
disorder that affects the processing of thoughts and beliefs and nearly
every level of functioning. Alex began having hallucinations and hearing
voices several months prior to the crime; his father described Alex as
being disconnected from reality and living in a “dream world.” Williams
believed he was able to communicate with others telepathically and expressed
strange and obsessive religious thoughts to family members. For example,
he currently believes that actress Sigourney Weaver is God and that she
speaks to him. Early in his case, even the prosecution was aware that Alexander
was hearing voices and completed a form to request a psychological evaluation.
None was ever done prior to his trial or sentencing. While in prison, doctors
and corrections officers have reported a history of bizarre behavior including
crawling around on his belly in order to communicate with imaginary frogs.
Alex is currently being forcibly medicated with powerful anti-psychotic
medications.
Alex endured repeated, indeed continuous, physical abuse as a child.
While an infant, his mother shook him hard and often. When he was a toddler,
she struck him with cooking utensils, sticks, branches, and the spiked
edge of her glass shoes. As a child and young adolescent, Alex suffered
frequent beatings at the hands of his closest caregivers, his mother and
grandmother. Other times, he was punished by what his mother termed “bed
restriction” where he would be forced to remain on his bed for days —
sometimes even weeks — completely isolated from others while receiving
only 1 meal a day. His mother also forced Alex to stand naked outside of
his house and locked the front door behind him. He was sexually assaulted
by his step father.
II. ALEX’S SENTENCING JURY WAS NEVER INFORMED ABOUT HIS TRAGIC CHILDHOOD
AND ITS EFFECTS ON HIS DEVELOPMENT
In the sentencing phase of his case, not one of these critical facts
about Alex’s childhood or his mental illness was ever presented to the
jury. This is the type of evidence — known as mitigating circumstances
— that jurors are required to consider when deciding between the death
penalty and a sentence of life imprisonment.
The entire sentencing presentation by Alex’s defense attorney lasted
less than 15 minutes. Only 2 witnesses (his mother — who had been his
most persistent abuser — and a female friend) were presented by the defense
lawyer. All the jury heard was Alex’s mother’s opinion that he was a good
child who liked comic books. There was no testimony from those who knew
the details about Alex’s abuse, mental illness, and the extraordinary deprivation
that he experienced throughout his young life. Nor was there any testimony
from mental health professionals who could have explained to the jury the
mitigating effects of youth itself as well as the ways in which the horrific
abuse, trauma and mental illness characteristic of Alex’s childhood profoundly
and permanently affected his development.
According to the American Society for Adolescent Psychiatry, psychological
and family disturbances, such as those experienced by Alex, would have
seriously “exacerbated the already existing vulnerabilities of his youth.”
These were facts that would have enabled the jury to understand why he
was deserving of a sentence less than the death penalty. A jury that heard
the truth about Alex’s life may well have reached a different decision.
III. ALEX WAS REPRESENTED BY AN ATTORNEY WHOSE INCOMPETENCE IS ESTABLISHED
AND UNDISPUTED IN THE GEORGIA LEGAL COMMUNITY
In the early 1990’s, just a few years after Alex’s trial, his attorney,
O.L. Collins, was officially removed from the list of those qualified to
handle criminal cases. In a 1988 hearing in the case of Billy Sunday Birt,
another convicted death penalty client, Collins revealed his ignorance
of even the most basic principles of criminal law. Collins testified that
he knew (only) two criminal cases: “Miranda and Dred Scott,” (Dred Scott
had nothing to do with criminal law; rather it was the infamous 1857 U.S.
Supreme Court case holding that blacks could not be citizens and slaves
were merely property.) In yet another case, defense counsel Collins actually
argued for the death penalty because that was what his mentally retarded
client instructed him to do. Collins was also once publicly reprimanded
by the Georgia Supreme Court for ethical violations when he improperly
retained a client’s funds. (In the Matter of Collins, 246 Ga. 325)
In Alex Williams’ case, Collins undertook no investigation and put on
the merest pretense of a defense at trial. He often brought out details
about the race of various witnesses and participants in the case when race
was totally irrelevant to the issues at hand. He made no effort to investigate
the details of Alex’s life, abuse, and mental illness nor did he present
even one mitigating fact to the sentencing jury. Again, his entire presentation
of evidence at the sentencing hearing lasted less than 15 minutes. His
closing argument was rambling and incoherent. Collins did absolutely nothing
to inform the jury or to advocate for his client at sentencing — leaving
the jury without compelling, available evidence that would have supported
a verdict of life.
IV. EXECUTING JUVENILE OFFENDERS RUNS COUNTER TO BASIC AMERICAN STANDARDS
OF DECENCY AND FAIRNESS
The execution of a juvenile offender is contrary to fundamental principles
of American justice which punishes according to the degree of culpability
and reserves the death penalty for the “worst of the worst” offenders.
By their very nature, teenagers are less mature, and therefore less culpable,
than adults who commit similar acts but have no such explanation for their
conduct. Adolescence is a transitional period of life when cognitive abilities,
emotions, judgment, impulse control, and identity are still developing.
Indeed, immaturity is the reason we do not allow those under 18 to assume
the major responsibilities of adulthood such as military combat service,
voting, entering into contracts, drinking alcohol or making medical decisions.
A number of organizations such as the American Bar Association, the Child
Welfare League of America, the Children’s Defense Fund, and the National
Mental Health Association urge that the execution for a crime committed
while a juvenile is simply unacceptable in a civilized society.
V. EXECUTING JUVENILE OFFENDERS IS CONTRARY TO INTERNATIONAL LAW
In continuing to execute juvenile offenders, the United States acts
in defiance of substantial international consensus and law. Indeed, such
executions have all but ended around the world, except in the United States.
In the last decade, the United States has executed more juvenile offenders
than all of the world’s nations combined. The only other counties that
still execute juveniles are Iran, Saudi Arabia, Nigeria, and Pakistan (China
and Yemen recently abolished the use of capital punishment for juveniles;
Pakistan is moving toward abolition). The death penalty for juvenile offenders
is expressly prohibited by the International Covenant on Civil and Political
Rights (ICCPR), The U.N. Convention on the Rights of the Child (CRC), and
the American Convention of Human Rights. While the United States has not
yet ratified the CRC and specifically reserved its right to execute juveniles
when ratifying the ICCPR, the execution of Mr. Williams would further alienate
the United States from the international community. Moreover, it would
further damage our legitimacy as a world leader in the protection and promotion
of human rights, particularly the rights of children.
Under Georgia law, the Board of Pardons and Paroles has the exclusive
power to commute a sentence of death to life in prison.
source: American Bar Association
Please Contact
Governor Roy E. Barnes
203 State Capitol
Atlanta, Georgia 30334
Telephone (404) 656-1776
The State Board of Pardons and Paroles
Mr. Walter S. Ray, Chair
Floyd Veterans Memorial Building
Balcony Level, East Tower
2 Martin Luther King, Jr. Drive, S.E.
Atlanta, Georgia 30334-4909
For More Information
Sadie Rosenthal
American Bar Association
Juvenile Justice Center
202-662-1506-phone
[email protected]
Missouri
Gary Lee Roll (MO)-W/? executed
August 30, 2000..12:01am (EST)
Roll and two others were convicted of the murder
of three people in 1992. He pleaded guilty and received the death penalty
from the judge (not a jury).
Issues:
(1) Roll had no previous record of violent crime.
(2) After a botched jaw operation for a congenital nerve defect
while in the military, and a later fall from a roof at his civilian job,
Roll suffered continuing severe pain leading to an addiction to prescription
painkillers; the pain eventually drove him to illegal drug use, which he
was under the influence of at the time of the murders.
(3) The sentencing judge refused to allow this as a mitigating factor;
Roll’s defense attorney did not object, making it much harder to raise
as an issue subsequently.
What you can do
Gov. Mel Carnahan
State Capitol, Box 720,
Jeffersson City,
MO 65101
573-751-3222-phone
(in Kansas City) 889-3186
(in St. Louis) 340-6900
573-751-1495-fax
Candlelight vigil Tues. 8/29
outside the Potosi prison, 11:00pm-12:01am
near front gate, Potosi Corr. Facility, Hwy O
just off Hwy 8, south off Hwy 21, or I-55 to Hwy 67 (Bonne Terre
exit) south to Hwy 8 west.
CANCELLED IF COMMUTATION OR STAY.
Other events Tuesday 8/29:
Columbia: 5:00-6:00 pm, Boone Co. Courthouse; 10:00 carpool to
Jeff. City;
Jefferson City: 11:00 pm-12:01 am, vigil, governor’s mansion;
Kansas City: 4:45-5:45 pm, J.C. Nichols Fountain, in the Plaza;
Rolla: 4:00-5:00 p.m. Phelps Co. Courthouse;
St. Louis: 8:30-9:00pm, Municipal Courts, 1320 Market; 9:00pm,
carpool to Potosi.
For update call 314-725-7527 or 516-6864, 816-756-0911, 573-635-7239,
573-254-3993.
(From Missourians to Abolish the Death Penalty, PO Box 54, Jefferson
City, MO 65102, 573-635-7239)
Oklahoma
George Wallace (OK) W/2W
executed
August 10, 2000…1:00am (EST)
In February 1987 William Eric Domer was abducted in Arkansas.
His body was later found in an Oklahoma lake. Anthony McLaughlin
was also abducted in Van Buren, AR and taken to Oklahoma where he was killed.
When George Wallace was arrested for these murders, he promptly confessed
and requested the death penalty, waiving his first round of appeals
When facing a December 1, 1995 execution date, however, George rescinded
his offer to go quietly and has been appealing his case ever since.
At his original trial, no mitigating factors were presented to combat the
prosecution’s claims that he deserved death. Current appellate counsel
are arguing that George’s trial attorney failed to investigate these factors
independently when his client refused to help. In his most recent
appeal, George details a family history of mental illness, a dysfunctional,
abnormal, and impoverished home environment, and sexual abuse by an uncle.
These factors were never addressed in the course of sentencing, as George
was still intent on state-assisted suicide at the time.
George further contends that trial counsel was not only inadequate
for neglecting existing mitigating circumstances, but that he also should
have been asking questions about why his client wanted to die.
Imposition of the death penalty requires that aggravating factors outweigh
mitigating factors. When a death sentence is imposed because mitigating
circumstances were never presented, the scales of justice necessarily tip
in the wrong direction.
Please Contact:
Governor Frank Keating
State Capitol Building, Rm.212
Oklahoma City, OK 73105
phone: (405) 521-2342
fax: (405) 521-3353
[email protected]
Pardon and Parole Board
P.O. Box 1902
Ardmore, OK 73402-1902
The Daily Oklahoman
P.O. Box 25125
Oklahoma City, OK 73125
phone: (405) 475-3231
fax: (405) 475-3970
[email protected]
www.oklahoman.com
Tulsa World
P.O. Box 1770
Tulsa, OK 74102
phone: (918) 581-8300
fax: (918) 581-8343
[email protected]
www.tulsaworld.com
For More Information:
Oklahoma Coalition to Abolish the Death Penalty
9718 Urbana Avenue
Tulsa, OK 74137
Jan Skaggs and Mike Johns
phone: (918) 229-6391
fax: (918) 299-6391
[email protected]
www.ocadp.org
Death Penalty Institute of Oklahoma
PMB 131
3728 South Elm Place
Broken Arrow, OK 74011
phone: (918) 455-2849
[email protected]
www.dpio.org
Texas
Oliver David Cruz (TX) – L/W executed
August 9, 2000…7:00pm (EST)
Oliver Cruz worked as a day laborer and had only been educated through
the seventh grade at the time of his arrest in 1988.
Oliver and his co-defendant Jerry Kemplin were charged with the murder
of 24-year-old Kelly Donovan, a soldier, who was stationed in San Antonio.
Kemplin testified against Oliver in exchange for a 65-year sentence for
murder, rather than facing the possibility of the death penalty.
Oliver was 21 at the time of the crime and had no prior criminal record.
There is no reason to believe a young man with no prior record to be irredeemable.
Unfortunately, Oliver lives in a state that hands out the death penalty
frequently and disproportionately to minority defendants. Let Governor
Bush know that Texas’ affinity for the death penalty is not supported.
Brian Roberson (TX) – B/W executed
August 9, 2000…7:00pm (EST)
Brian Roberson is black; the people he is accused of murdering were
white; his jury was all-white…any questions as to his fate?
In August of 1986, the home of James and Lillian Boots was burglarized,
and they were murdered. Brian Roberson was convicted of the crimes
in September of 1987 and given the death penalty. Prosecutors argued
that the nature of the crime combined with Roberson’s prior criminal record
made him continuing threat to society.
Defense attorneys countered that the state failed to prove that the
deaths were deliberate. They also pointed to Brian’s drug and psychological
problems, which stem from his father’s slaying when he was a child.
His inexperienced counsel, however, failed to produce a medical opinion
on his drug problems or the psychological impact of his father’s death.
His trial attorney has since admitted that she was too inexperienced when
she represented Brian.
Brian is a member of a large and supportive family who have maintained
relationships with him throughout this ordeal. He has sought strength
from his spirituality and numerous pen pals who write throughout the U.S.
and from Europe.
John Satterwhite (TX)
executed
August 16, 2000…7:00pm (EST)
He is a chronic paranoid schizophrenic. This long time psychotic
mental illness impairs a person’s thinking, his feelings and behavior.
It took three juries and the testimony of “Dr. Death” to finally convict
John Satterwhite of the March 12, 1979 murder of Mary Frances.
Doctor Jerome Filles, a board certified psychologist, found during
his interviews with John a number of symptoms, including periodic delusions
and hallucinations which suggested mental illness. He found that
John’s aggressions are often based on the misperception “that other people
have evil intentions toward him.”
Concerns about John’s competency were sufficient to overturn his conviction
not once, but twice. At the third and final trial, Doctor Grigson
testified for the state. Doctor Grigson has been dubbed “Doctor Death”
due to his apparent affinity for helping prosecutors obtain death sentences.
He has been brought in as an “expert” witness in a great number of capital
murder cases to certify the “future dangerousness” of a given defendant.
In a study of Texas’ administration of the death penalty, the Chicago
Tribune found that Doctor Grigson was frequently cited for professional
misconductand reprimanded by the American Psychiatric Association.
He used his position for financial gain and regularly testified about persons
he had never interviewed, often drawing dubious conclusions from the notes
of other examiners.
John Satterwhite’s fate should not rest on the strength of Dr. Death’s
testimony. Please contact the powers that be in Texas to express
your concern about the significant role that Dr. Grigson played in John’s
conviction and death sentence.
Richard Wayne Jones (TX) executed
August 22, 2000…7:00pm (EST)
Richard Wayne Jones was convicted for the 1986 murder of Tammy Livingston.
The jury in Richard’s case was “death qualified” in every sense of
the term. At voir dire, a juror was excluded because of his reservations
about capital punishment. At sentencing, defense counsel was not
allowed to tell jurors that Richard would not be eligible for parole for
at least forty years if he was spared the death penalty.
In the end, the jury believed that Richard was a future danger to society.
They handed down a death sentence to prevent him from ever walking free
again. Unfortunately, they never heard the testimony of Paul Mansman,
a former Parole Officer, who was willing to testify that Richard was a
good candidate for rehabilitation.
Richard is a poster child for life imprisonment without the possibility
of parole in Texas. As an incremental step toward abolition, this
sentence would have satified a jury concerned with society’s safety, while
saving the life of Richard Jones.
David Gibbs (TX) executed
August 23, 2000…7:00pm (EST)
“I got a knock on my door and there stood David in his boots and underwear
at my front door with his arms up like this and blood down all in front
of him.” This, according to a friend who testified on David Gibbs’
behalf at trial, was the result of one of many suicide attempts.
On this occasion, David had sliced his arms with a razor. Later in
life, David became a danger not only to himself, but to others. On
July 2nd 1985, he killed Carol Ackland and Marietta Bryant.
As a child, David never knew his father. His mother showed him
how to break into houses when he was just seven years old. As the
years went on, life with his mother became unbearable, so David ran away.
Ultimately, David was sent to a foster home where the pattern of abuse
and neglect continued. He was sexually abused by his foster mother.
As a means of escape, David began drinking at an early age. When
he drank, he often turned violent.
Upon arrest, David was charged with murder and sexual assault.
At trial, one of the jurors who sat for his case was a sexual assault victim.
David’s appellate attorneys have argued that this woman’s experience may
have predjudiced the jury, so much so that they believe it warrants a retrial.
Please call Governor Bush and the Board of Pardons and Paroles to request
a new trial for David Gibbs.
Ricky McGinn (TX) – W/W stay
of execution
August 27, 2000…7:00pm (EST)
After a bitter and very public battle with the state of Texas over
access to DNA testing, Ricky McGinn once again finds himself standing toe
to toe with death. Ricky’s case drew nationwide attention in May
of this year, when Texas Governor George Bush granted him a 30-day reprieve
so that crucial DNA evidence could be analyzed. The tests came back
positive, and the Lonestar State is more intent than ever to execute Ricky
McGinn for the 1993 murder of his stepdaughter, Stephanie Flanery.
Ricky lived together with his wife and her two daughters in Brown County,
Texas. At 6:30pm on May 22, 1993, Ricky noticed that his stepdaughter,
who had gone for a walk several hours earlier, was missing. After
searching for her for three hours, Ricky called the police. Three
days later, Stephanie’s lifeless body was found in a ditch. A month
later, Ricky was indicted for capital murder based on the discovery of
human blood and an ax in the family car.
Ricky’s first attorney, Pete Gomez, initially agreed to represent him
for $14,000.00, but then changed his mind and asked for $200,000.00.
When Ricky said he couldn’t afford that, Gomez refused to take his case.
McGinn’s second attorney, Robert Spence, was appointed by the trial court.
He died in a car accident just days before Ricky’s trial was set to begin.
Ben Dowl
Suddereth, Ricky’s third attorney was only given a few days to prepare
for trial. In the end, the jury deliberated for only forty-five minutes
(including a lunch break) before sentencing Ricky to death.
Ricky McGinn’s case is a good example of how poorly the Texas criminal
justice system operates. Like dozens of others on Texas’ death row,
Ricky fell through the cracks of an indigent defense system that George
W. Bush continues to under-fund and ignore.
Jeffery Caldwell (TX) B/3B executed
August 30, 2000…7:00pm (EST)
In March of 1989, Jeffery Caldwell was sentenced to death for the murders
of Henry, Gwendolyn, and Kimberly Caldwell. He claimed that the deaths
resulted from an argument with his father, but prosecutors pointed to inconsistencies
in his story to demonstrate his guilt. They said he committed the
acts without provocation, and he was a continuing threat to society.
Jeffery’s attorney countered by challenging the testimony regarding
future dangerousness. The expert psychiatric testimony presented
by the state was purely hypothetical, and use of such testimony has been
fiercely contested in subsequent cases. His prior prison record did
not involve violent crime. Additionally, defense attorneys question
whether the state proved that Jeffery acted deliberately, attributing the
events to a crime of passion in a dysfunctional family environment.
Contact the parole board and Gov. Bush to protest another Texecution!
Please Contact:
Governor George Bush, Jr.
Office of the Governor
PO Box 12428
Austin, TX 78711-2428
512-463-1782–phone
512-463-1849–fax
www.governor.state.tx.us/
www.governor.state.tx.us/e-mail.html
Board of Pardons & Parole
Attn: Gerald Garret
P.O. Box 13401, Capitol Station
Austin, TX 78711
512-406-5852–phone
512-467-0945–fax
http://link.tsl.state.tx.us/tx/BPP/
Austin-American Statesman
P.O. Box 670
Austin, TX 78767
512-445-3500–phone
512-445-3679–fax
[email protected]
http://www.austinclassifieds.com/cgi-bin/nclassyAAS.x/aasXCT
The Dallas Morning News
2726 South Beckley
Dallas, TX 75224
214-977-8462–phone
214-977-8019–fax
[email protected]
www.dallasnews.com
The Houston Chronicle
P.O. Box 4260
Houston, TX 77210
713-220-7491–phone
713-220-6806–fax
[email protected]
www.houstonchronicle.com
For More Information:
Texas Coalition to Abolish the Death Penalty
3400 Montrose Blvd., Suite 312
Houston, TX 77006
David Atwood–contact
713-520-0300–phone
[email protected]
Virginia
Bobby Ramdass (VA) stay
of execution
August 17, 2000…9:00pm (EST)
Bobby Lee Ramdass was sentenced to death in June of 1990 for the robbery
and murder of a 7-Eleven store clerk. He robbed the store in conjunction
with four other people. He was 19 at the time of the crime.
Bobby was poor and could not afford to hire his own investigators.
The trial court denied an ex parte hearing for his motion to hire a medical
doctor and investigator, resulting in his inability to retain them for
his defense.
Bobby was not allowed to see the results of polygraph tests taken by
his accomplices. He appealed on the basis that (a) he should have
been allowed to review them in an attempt to find some exculpatory evidence,
and (b) the test results would have allowed his attorneys to better cross-examine
two of the Commonwealth’s witnesses. His motion was denied.
The Commonwealth’s Attorney also informed Bobby’s trial attorney of
three persons who allegedly would provide an alibi defense, but he also
advised that they had made inconsistent statements. As a result,
they were never called at trial.
Russel Burket (VA) executed
August 30, 2000…9:00pm (EST)-W/?
In 1994, Russel Burket pled guilty to the capital murders of Katherine
Tafelski and her five year old daughter Ashley.
Russel never graduated from high school, but was skilled in automotive
repairs and had held various jobs including a stint as a construction worker
and a bagger at a grocery store. He had no prior criminal record
before this charge.
Russel has a history of mental problems which led to two suicide attempts.
Two clinical psychologists testified at trial on his behalf, Dr. Thomas
Ryan and Dr. Gary Hawk. Under oath, Dr. Ryan stated that Russel had
“intellectual abilities in a low average to average range.” In addition
Ryan testified that Russel could not perform well in several academic areas
including reading, writing and math. Dr Hawk opined that Russel has
a severe form of dyslexia, and that he suffers from dysthymia, which is
a form of persistent mild to moderate depression.
Despite the mitigating testimony of these two doctors, the judge found
the Commonwealth’s psychiatrist, Dr. Mansheim, more credible and agreed
that the only mitigating factor in the case was that Russel had no previous
criminal record. The judge concurred with Dr. Mansheim that Russel’s
mental condition did not affect the case. Shortly thereafter, Russel
was sentenced to death.
Appellate attorneys also contend that Russel’s confession was taken
illegally. Before confessing to the crimes, their client stated, in the
presence of detectives, “I’m gonna need a lawyer.” They argue that
at that moment he should have been read his Miranda rights and had an attorney
appointed to him.
(Source: Virginians for Alternatives to the Death Penalty)
Please Contact:
Governor James Gilmore, III
Office of the Governor
State Capitol, 3rd Floor
Richmond, VA 23219
phone: (804) 786-2211
fax: (804) 371-6351
www.state.va.us/governor/govmail.htm
Virginia Parole Board
c/o Department of Corrections
P.O. Box 26963
Richmond, VA 23261
phone: (804) 674-3081
www.cns.state.va.us/doc/Parole/
Richmond Times-Dispatch
P.O. Box 85333
Richmond, VA 23293
(804) 649-6000
fax: (804) 775-8059
[email protected]
www.gatewayva.com
The Virginian-Pilot
P.O. Box 449
Norfolk, VA 23501
phone: (757) 446-2314
fax: (757) 446-2414
www.pilotonline.com
For More Information:
Virginians for Alternatives to the Death Penalty
P.O. Box 4804
Charlottesville, VA 22938
phone: (804) 263-8148
fax: (804) 263-4431
[email protected]
www.vadp.org
Further
Upcoming Execution Dates:
September 13, 2000: Miguel Richardson (TX)
October 4, 2000:
Stacey Lawton (TX)
November 1, 2000: Jeffery Dillingham
(TX)
November 8, 2000: Gary Etheridge (TX)
National
Execution Alert Staff:
Editor:
Brian L. Henninger
Writers:
Jennifer Geiger
Stefan Wellgraf
Our thoughts and prayers are with the
families of murder victims, the
families of those executed and
all other victimized by senseless violence.
Thanks to all of the dedicated
activists and attorneys who make this important project possible!
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