Some good news about the death penalty

March 10, 2010 on 8:14 pm | In Commentary, National legal news, State legal news | No Comments |

There has been some good news about the death penalty. Please use this as encouragement to write your state legislators to inform them of your concerns about the death penalty. As many of us learned at the recent TCADP workshop, legislators pay attention to letters from constituents and even a few letters on any issue can make a difference.

The execution of David Eugene Johnston that was scheduled for today in was stayed last week by the Florida Supreme Court:

“Having reviewed the record in this case, including prior proceedings, we reverse the summary denial of Johnston’s newly discovered evidence claim relating to mental retardation and temporarily relinquish jurisdiction to the circuit court for thirty days for an evidentiary hearing to be held on the issue of whether newly discovered evidence indicates that Johnston is mentally retarded pursuant to Atkins v. Virginia, 536 U.S. 304 (2002), section 921.137, Florida Statutes (2009), and Cherry v. State, 959 So. 2d 702 (Fla. 2007). The Court reserves ruling on the issues raised in this appeal until jurisdiction returns to this Court after the relinquishment. ”

http://www.floridasupremecourt.org/pub_info/summaries/briefs/10/10-356/Filed_03-04-2010_Stay_Order.pdf

And in news from Texas:

“A Houston judge on Thursday granted a pretrial motion declaring the death penalty unconstitutional, saying he believes innocent people have been executed.
“Based on the moratorium (on the death penalty) in Illinois, the Innocence Project and more than 200 people being exonerated nationwide, it can only be concluded that innocent people have been executed,” state District Judge Kevin Fine said. “It’s safe to assume we execute innocent people.”

“Fine said trial level judges are gatekeepers of society’s standard for decency and fairness.

“Are you willing to have your brother, your father, your mother be the sacrificial lamb, to be the innocent person executed so that we can have a death penalty so that we can execute those who are deserving of the death penalty?” he said. “I don’t think society’s mindset is that way now.”

The motion was one of many submitted by defense attorneys Bob Loper and Casey Keirnan arguing Texas’ death penalty was unconstitutional for their client, John Edward Green Jr.

Loper said he and Keirnan were pleased by Fine’s ruling, which will be appealed and almost certainly reversed…..”

http://www.chron.com/disp/story.mpl/metropolitan/6897252.html

Louise Ritchie,