NCADP   
1436 U Street,   
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888-286-2237   
[email protected] 

George B. Harris (MO)   executed 
September 13, 2000…1:01 pm (EST) 
George Bernard “Baby” Harris shot Stanley “Hank” Willoughby while having a heated argument on March 11, 1989. Whilloughby died before reaching the hospital. 
There are a few things concerning this case that should be considered.  First, apart from George himself, only one eyewitness to the shooting was called to testify. It was Michael Taylor who acknowledged that Stanley Willoughby had been his best friend and suggested that the shooting was sudden and unprovoked.  With the exception of Taylor, however, no other witness came forward to contradict George’s claim that he acted in self defense. As a matter of fact, the police report identified several possible eyewitnesses who could have substantiated Harris’ fear that Willoughby was threatening him physically. 
Additionally, during the sentencing of George’s trial, the judge allowed the prosecution to read into the record evidence that George thought about committing a drive-by shooting.  The alleged plan was never carried out, nor was it in any way related to the crime for which George sits on death row.  Appellate attorneys understandably argue that hearing about the hypothetical shooting unfairly prejudiced the jury, a result that would require a new sentencing hearing.  S of yet, no court has granted relief on this. 
Finally George had no record of violent crime prior to his arrest for Mr. Willoughby’s murder. 
 

Texas 

Miguel Richardson (TX) B/2?  stay of execution 
Sept. 13, 2000…7:00pm (EST) 
Miguel Richardson’s sentence has been vacated by the Supreme Court twice (in 1989 and 1993) in light of the Penry and Johnson decisions requiring special instruction to juries regarding mitigating circumstances that are not laid out in Texas’ sentencing guidelines.  Both times, his case was remanded to the Texas Court of Criminal Appeals which promptly reinstated his death sentence. 
Both of the Texas Court of Criminal Appeals decisions included strong dissents calling for more careful consideration of unspecified mitigating factors.  Judge Clinton stated in his 1991 dissent that “a capital jury must be empowered to effectuate any evidence that has mitigating potential that cannot be fully accommodated within the jury’s response to special issues….” 
He, and those who joined his opinion, issued similar statements when the case was remanded to them in 1994.  Miguel offered evidence of childhood abuse, both from family members and classmates, who caused him great emotional 
distress and mental impairment.  The Penry decision mandates that special instructions be given to the jury to allow them to give a “reasoned moral response” to presented evidence that does not fall within the special issues stated in the sentencing guidelines distributed to them. 
Additionally, at trial, the aggravating factor of future dangerousness was supported by the testimony of a psychiatrist who had never examined Miguel.  This “Dr. Death” type of testimony has been denounced as unreliable and unprofessional.  It should carry no weight when Governor Bush and the Board of Pardons & Parole consider Miguel’s clemency application. 
Miguel Richardson has been a model prisoner who is very religious and helpful to other inmates.  He corresponds regularly with several people and shares his artistic and poetic talents with them.  He contends that he can offer a positive influence if he is not given the death penalty. 
Urge Governor Bush to consider the value of this individual life.  Challenge him to stick to his campaign promise of compassion.  Miguel Richardson needs your help! 
 
 

Ricky McGinn (TX) – W/W    executed
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. 
 

Virginia 
Derek Barnabei (VA)-W/?    executed 
Sept. 14, 2000…9:00pm (EST) 
 
“The Barnabei case represents one of the most egregious miscarriages of justice and one of the  most compelling cases of innocence I have ever seen in all my years of practicing law.” 
                         –Alan Dershowitz, Professor of Law, Harvard University 

He was a college-student, an intelligent young man with a great future. He was brought up in a “normal” middle class household with money and connections. Now he is on Virginia’s death row, accused of the 1993 rape and murder of his former girlfriend, Sarah Wisnosky. 
Something about Derek’s conviction stinks, and the trial that led to it far from clears the air. No murder weapon was ever found, no confession was made and no eyewitness was able to identify Derek as the killer.  Convicted solely on circumstantial evidence, Derek Barnabei is facing execution on September 14, 2000. 
The physical evidence in this case, leaves significant doubt as to Derek’s guilt.  First, Ms. Wisnosky’s body was discovered with blood under her fingernails, presumably that of her attacker.  At the time of Derek’s trial, DNA testing was too controversial to be admitted as evidence of guilt/innocence.  In recent years, however, DNA evidence has become one of the justice systems’s most reliable tools in ferreting out the truth.  Derek and his attorneys have repeatedly petitioned the courts to allow him access to the blood sample taken from the victim in an effort to show that he was not Sarah Wisnosky’s assailant.  Standing in their way is Virginia’s “21-Day Rule”, which bars capital defendants from introducing new evidence of innocence any time after the three weeks immediately following her/his conviction. 
Conservative Virginia newspapers have been outspoken in their belief that Derek should be granted access to the blood sample for DNA testing.  Even the Washington Post, has editorialized that: “It is hard to see why a state, before putting someone to death, would be unwilling to demonstrate a jury verdict’s consistency with all of the evidence. Indeed, [the Barnabei case] is precisely the type…in which the state should have no choice.” 
Second, Commonwealth prosecutor’s believed they had strong physical evidence that Derek raped Ms. Wisnosky before killing her.  Establishing this was critical to the Commonwealth’s case, because without the rape, Derek’s first-degree murder charge could not result in a death sentence (Virginia law defines capital murder as a murder linked with at least one of several specified felonies). The prosecution had traces of Derek’s semen in the victim’s vagina, as well as vaginal bruising which they said was consistent with “forced,” even “violent” intercourse. 
Look at the Commonwealth’s theory through a more critical lense, however, and it becomes far less persuasive.  Derek was having a consensual sexual relationship with Ms. Wisnosky right up until her death.  Further, Derek’s appellate attorneys can produce two physicians who would testify that the vaginal bruises suffered by the victim are more consistent with consensual intercourse than with rape.  Put two and two together, and you are left with the possibility that Derek had consensual sex with Ms. Wisnosky on the same day that she was murdered by an unknown assailant.  A DNA test showing that the blood under Ms. Wisnosky’s fingernails did not belong to Derek would all but exonerate him of this crime. 
Unfortunately, the jury impaneled for Derek’s case never heard this theory, nor the evidence to support it.  His trial attorney, James Brocoletti, failed to effectively rebut the prosecution’s interpretation of the physical evidence with a single witness for the defense.  He also failed to object to the testimony of a Commonwealth medical examiner who implied that the physical evidence in the case pointed to rape – a conclusion he was not qualified to draw. 
The good news is that the public, the press and many politicians have joined the call for post-conviction access to DNA testing.  Please contact Governor Gilmore and tell him that in this day and age, executing Derek Barnabei without testing the available DNA evidence would be an affront to justice, fairness and common sense. 

Editors Note: excerpts of this Alert were taken from Virginians for Alternatives to the Death Penalty. 
 
 

Further Upcoming Execution Dates: 

October 4, 2000:         Stacey Lawton (TX) 

October 10, 2000:        Bobby Ramdass (VA) 

November 1, 2000:      Jeffery Dillingham (TX) 

November 8, 2000:      Gary Etheridge (TX) 

November 9, 2000:        Miguel Flores (TX) 

November 15, 2000:      Tony Chambers (TX)