jump to navigation

Sonia Jacobs and Peter Pringle on Their Journey From Death Row to the Wedding Altar November 23, 2011

Posted by rogerhollander in Criminal Justice.
Tags: , , , , , , , , , , , ,
1 comment so far
www.democracynow.org, November 23, 2011

Sonia Jacobs and Peter Pringle each served years on death row — Jacobs here in the United States and Pringle in Ireland. Both were exonerated after their convictions were overturned for murders that they steadfastly maintained they did not commit.  They began dating shortly after meeting while both publicly campaigning against the death penalty. Their wedding earlier this month was perhaps the first of its kind — the union of two exonerated death row inmates. Joining us from their home in Ireland, Sunny Jacobs and Peter Pringle recount their remarkable story from death row to the wedding altar.

Sonia “Sunny” Jacobs, was sentenced to death at the age of 28 for the murder of two police officers in Florida. When she was imprisoned, her two young children were cast into the foster care system. Nearly 17 years after her arrest, Sunny’s conviction was overturned on appeal. Her story, along with those of five other wrongfully convicted death row inmates, became “The Exonerated,” a play put on by the nonprofit theater Culture Project.  Sunny is the author of, “Stolen Time: One Woman’s Inspiring Story As An Innocent Condemned To Death.”
Peter Pringle, was accused of being one of three men who had murdered two police officers following a bank robbery in Ireland. After his conviction, he had been sentenced to be hanged. Just days before a noose was tied around his neck, Pringle learned that Ireland’s president had commuted his sentence to 40 years without parole. Pringle then immersed himself into legal books and effectively became a “jailhouse lawyer”.  Serving as his own counsel. Pringle successfully plead his case, leading the Court of Criminal Appeal quashed his conviction. He is a human rights and anti-death penalty activist.
Related stories
  This transcript is available free of charge.  However, donations help us provide closed captioning for the deaf and hard of hearing on our TV broadcast. Thank you for your generous contribution.  Donate


Related Links

AMY GOODMAN: I’m Amy Goodman with Nermeen Shaikh.

NERMEEN SHAIKH: Oregon Gov. John Kitzhaber announced yesterday that he would halt all executions in the state during his time in office. He said, “I refuse to be part of this compromised and inequitable system any longer.” Kitzhaber, a physician, noted that he had allowed two previous executions to go forward under his watch, but had since agonized over the decisions.

GOV. JOHN KITZHABER: Those were the most agonizing and difficult decisions I have ever made as governor, and I have revisited and questioned them over and over again for the past 14 years. I do not believe those executions made us safer. Certainly, I don’t believe they made us more noble as a society. And I simply cannot participate once again in something that I believe to be morally wrong.”

NERMEEN SHAIKH: That was the Oregon Gov. Kitzhaber. In all, 34 states allow the death penalty, but only 27 have executed someone in the past decade, according to The Death Penalty Information Center.

AMY GOODMAN: In an oddly related story, I was reading the marriage section of New York Times this past weekend and saw a piece about the wedding of a couple in Manhattan earlier this month; Peter Pringle and Sonia Jacobs. Their photograph wasn’t that unusual. Perhaps they were older than most newlyweds, Sunny was 64, Peter 73, but it was a story of their lives and their coming together that we will spend the rest of our show on today. Both Sunny and Peter have survived the death penalty. They survived death row and have been exonerated since. Sonia Jacobs and Peter Pringle.

NERMEEN SHAIKH: Sonia Jacobs and Peter Pringle each served a decade and a half on death row; Jacobs in the U.S., Pringle in Ireland. Both gained freedom after their convictions were overturned for murders that they steadfastly maintained they did not commit. The two would both become passionate anti-death penalty activists and their activism brought them together.

AMY GOODMAN: Peter Pringle was accused of participating in a murder of two police officers following a bank robbery in Ireland. After his conviction he was sentenced to death by hanging. Just days before a noose was to be tied around his neck, Peter learned Ireland’s president had commuted his sentence to 40 years without parole. He then immersed himself in legal text and effectively become a jailhouse lawyer. Serving as his own counsel, he eventually convinced the Court of Criminal Appeals to quash his conviction.

NERMEEN SHAIKH: Sonia, known as Sunny, was sentenced to death, along with her then husband, at the age of 28 for the alleged murder of two police officers in Florida. Her two young children were cast into the foster care system. Although the two maintained their innocence, it was after her husband was executed and another man confessed to the murder, that she was exonerated. Nearly 17 years after her arrest, Sunny’s conviction was overturned on appeal. She is the author of, Stolen Time: One Woman’s Inspiring Story as An Innocent Condemned To Death. Sunny’s story, along with those of five other wrongfully convicted death row inmates, became The Exonerated. Sunny has been portrayed by 28 actresses, including Mia Farrow, Brooke Shields, Amy Irving and Susan Sarandon, some of whom attended her wedding. This is Susan Sarandon playing Sunny in The Exonerated, reflecting on the murder charges leveled against her.

SUSAN SARANDON: My husband, Jesse, was tried first. He had a past record from when he was 17 years old and his trial lasted four days. We both had, of course, no good attorneys, no dream team, no expert witnesses. And so he was convicted and sentenced to death. My trial came later, and I thought, surely, that won’t happen to me. I mean, I was a hippie. I’m one of those peace and love people. I’m a vegetarian. How could you possibly think that I would kill someone? And so, I thought that I’d just—-I’d go in and they’d figure out I didn’t kill anyone and they’d let it go. but that’s not how it works.

AMY GOODMAN: That’s Susan Sarandon playing Sonia Jacobs in the play The Exonerated, put on by The Culture Project, here in New York. Well, Sunny and Peter have since spoken in schools, churches, other venues across the country and the world on human rights and abolishing the death penalty. Their wedding earlier this month was perhaps the first of its kind, the union of two exonerated death row prisoners. And so we go to Galway, right now, to Ireland to be joined by the newly weds themselves, the former death row exonerees, modern day human rights activists, Sunny Jacobs and Peter Pringle. Sunny and Peter, congratulations on your wedding. Welcome to Democracy Now!. We’re going to talk about your activism today. But I want to start with Sunny. If you wouldn’t mind going back in time and telling your story, how it was you and your husband since executed, ended up on death row, your first husband.

SONIA JACOBS: Well, briefly, we were in the wrong place at the wrong time with the wrong people. And as a result, we ended up being present when two police officers were killed. And the man who actually did the killing took a plea bargain, which I do not think should be allowed in capital cases, which I don’t think should be allowed in capitol cases, and testified against us saying that we did it. He in turn was given three life sentences in exchange for his testimony. Jessie’s trial, as you know, took four days and he was tried, convicted, and sentenced to death. My trial took longer because I was a young mother of two children and had never been in trouble for anything violent in my life. Aside from his testimony, they also brought in a young woman who had been arrested for a drugs violation. And in order not to go to prison for a long time herself, she also testified. As a result of that, and the judge’s instructions to the jury, my jury voted for conviction. But, when it came to the sentencing phase of the trial, my jury, actually, was not able to be unanimous because one man held out for his own beliefs, rather than giving in to the pressure that was being put upon him to agree, and so my jury voted for life. The judge overruled the jury in my case and voted for—-and sentenced me to death.

AMY GOODMAN: The picture of what happened, the date that it happened, you were all driving in a car; you, your husband, Jesse, your two kids and the driver who eventually turned out to be the one that confessed. What happened? You were in Florida?

SONIA JACOBS: Yes, we were in Florida, and we were just getting a lift from one place to the other. And it got late with visiting here and there, and so we decided to pull off into a rest area on the interstate. I was asleep in the back with the children when the policeman came to do a routine check of the area, as I now know, and saw a gun between the driver’s feet, opened the door, took the gun, pulled him out, asked for his identification, called it in, and when they found out that he was on parole, that, of course, is a violation of parole, and then the scene turned ugly, and the shooting began. I ducked down to cover the children, and when I looked up, the policemen were dead and we were ordered into the police car by the man who had done the killing and driven away. So at that point, we basically had become hostages.

AMY GOODMAN: So, you’re both given life—-your both sentenced to death, you and Jesse. You’ve lost your children. Your children went where?

SONIA JACOBS: Well, at first, my children were held in custody. My daughter was only 10 months old at the time, and my son was 9 years old. It took my parents a couple of weeks to get my daughter. But. it took two months to get my son who was being held in the juvenile detention center in isolation because he was so young. And as a result, he was very traumatized. He was actually taken to hearings at night, handcuffed behind his back without any representation as a nine-year old boy. So when, finally, my parents were able to get a hold of him because the kind-hearted judge ordered him to be released, he developed a speech impediment and he had to be put in special school. From then on they lived with my parents, for the next six years, until my parents were killed in a plane crash, and then they went into care.

AMY GOODMAN: They went into foster care. So you wrote back and forth with your husband, Jesse, as you both sat on death row. How long were you on death row? How long were you in solitary? Explain what happened to Jesse?

SONIA JACOBS: Well, it’s interesting that you say that because, you see, the man had a death row, the women didn’t have a death row. At the time that I was convicted, I was the only woman the sentence of death in the U.S. because three years prior, they had stopped sentencing people to death. There was a sort of moratorium in the United States against using the death penalty. And so, there was, actually, no one on death row for a while. And then there were men on death row. But, as you know, murder is mostly a problem of men, not women. Women argue and smack each other, and men kill each other. And so, at the time, there were a few men on death row where Jesse was sent, but there were no women. So I was sent to the maximum security women’s prison in Florida and put into a unit all by myself, and I spent the next five years in solitary confinement.

NERMEEN SHAIKH: Sunny, you also talk about how it is that while you were in prison, you made your cell a kind of sanctuary. Can you talk about how you did that?

SONIA JACOBS: Yes. At first, when I was first sent to—-got my death sentence, I couldn’t really process it because. It just was beyond my imagining how it could even happen to me, no less, actually be a reality. And so my cell was very small. It was six steps from the door until the toilet. And if I reached out my arms to both sides, I could touch the walls. And all there was in the cell was a metal shelf on which there was a thin mattress and a pillow. And then there was a sink and toilet, and that’s all there was. There were no bars. There was a solid metal door. And the guards were under orders not to speak to me. And so, I just paced back and forth, mostly in anger and confusion, and truth be known, in fear, that they would actually kill me. I had no communication whatsoever with the outside world at first; no phone calls, no visits. I didn’t get out of my cell. It wasn’t 23 out of 24 hours a day in the cell, it was 24 hours in the cell, except for twice a week when I was taken out for a quick shower and was given some prison clothing and allowed to spend a few moments out in a courtyard with a guard, and then brought back into my cell again.

NERMEEN SHAIKH: And during this time, actually, the guards were forbidden, even, from speaking to you?

SONIA JACOBS: And I had no books. Yes, yes, because if there were going to participate in my execution, they couldn’t see me as another human being and sympathize with me. I had to be less than human. And in order to do that, we couldn’t have conversations. Anyway, so I had a Bible and a law book. The law book was useless because I couldn’t even understand the language and the Bible, I considered it a book of wisdom at the time, because I wasn’t even sure there was a god anymore, because I could not imagine how God could let this happen to me and my whole family. Because it doesn’t just happen to one person, it happens to the entire family.

AMY GOODMAN: Sunny, I wanted to ask, after your parents were killed in that Pan Am…

SONIA JACOBS: I was going to finish answering your question about how I turned my cell into a sanctuary. I didn’t mean to take so long to get there, but I read something in the Bible that told me, that they don’t say when I die. And it was at that point that I realized that until they do end up taking my life or setting me free, which I thought would be the proper result, my life still belonged to me. And that it would be foolish of me to spend the rest of my life, be it long or be it short, in fear and anger and confusion. So, I decided that the cell could become my sanctuary, and instead of waiting to die, I could use my time to make myself the best person I could be. And so, that’s how I turned my cell into a sanctuary. I did yoga and meditation and I prayed and had my discussion with God. I ended up, I think, maybe healthier than when I went in, in some ways.

AMY GOODMAN: So, Sunny Jacobs, your parents die in the Pan Am Flight 759 in Kenner, Louisiana. You lose touch with your children who were then in foster care. You’re writing back and forth with your then husband Jesse Tafero. And on May 4, 1990, he was executed. How did you survive after that point, and then talk about how your case turned around.

SONIA JACOBS: Well, I think the worst day of my entire life was when my parents died in the plane crash, because then, not only did my children become orphans again, but I became an orphan too, and there was no one to look out for me outside. And if you’re in prison, and especially if you’re on death row, you need someone to hang onto you from outside. The day that Jesse was executed, we were given a 10 minute phone call to say goodbye, and we told each other that we loved each other until the phone went dead. And then the officer that had escorted me to the phone call gave me a few moments to myself, and then I asked if she would bring me back to my cell, and she did. Actually, because Jesse’s execution was so horrible and so gruesome, I think everyone was sympathetic that day. It was just so horrible.

NERMEEN SHAIKH: What happened, actually, Sunny, during his execution?

SONIA JACOBS: Well, you see, when Jesse was put in the electric chair and they pulled the switch, he didn’t die. Instead, his head caught fire. And they say, the witnesses that were there, say flames shot 2 feet in the air out of his head and smoke came out of the helmet. Instead of dying, he struggled against the restraints and they had to pull the lever three times before he was actually pronounced dead, and that it took thirteen and a half minutes for Jesse Tafero to die. And the reason was because they had substituted the natural sea sponge in the helmet, which was supposed to conduct the electricity properly, they switched it with for an artificial sponge, which didn’t conduct the electricity properly, and as a result, he caught fire. As his mother later said later, when Sister Helen Prejean was escorted her to the church that night, her son was burned at the stake. It was so horrible that where our daughter, who was then fifteen and a half years old, heard what happened to her father she tried to kill herself.

AMY GOODMAN: So, it was, what, two years later in 1992, nearly 17 years after you both were arrested, that the confession of the shooter was made and you were exonerated, though Jesse was killed?

SONIA JACOBS: Yes, about two and a half years after Jesse was executed, with the help of lawyers who worked for free, pro bono, and friends, one of whom you know, my friend Micki Dickoff who is a documentary filmmaker, because of their effort, we were able to uncover evidence that had been hidden for all those years, including the fact that the man who actually did the killing had confessed in front of other witnesses. As a result, I was then released.

AMY GOODMAN: We’re going to break right now. When we come back, we’ll hear your new husband, your bridegroom’s story, Peter Pringle, and then hear about what the two of you are doing to gather as you continue to travel and speak out against the death penalty. Our guests are Sunny Jacobs and Peter Pringle. They are newlyweds, and they are both exonerees, they both survived death row. This is Democracy Now!, back in a minute.

STEVE EARLE: (Singing)

AMY GOODMAN: Steve Earle singing, “Christmas in Washington.” I’m Amy Goodman with Nermeen Shaikh. Our guests in Ireland are the newlyweds Peter Pringle and Sunny Jacobs. They got married in New York, flew home to Ireland, and are now telling us their story. Steve Earle, who we just played, was instrumental in the two of you coming together. But, Peter, before you tell us about Steve, tell us, if you would, your own story of how you ended up on death row and then free.

PETER PRINGLE: OK. Thank you. Very briefly, on July 7, 1980, there was a bank robbery in a town called Ballaghaderreen, in County Roscommon in Ireland, following which the escape car collided with a police car, there was an exchange of gunfire and two police officers were killed. The raiders split up, separated across country. One man was arrested that evening and another the following morning, and the third man was being pursued across country by the police. I had nothing whatever to do with it. I was in a different county in a different city at the time. The person they were chasing was chased right through the city where I was, which is the city where I am now, Galway, and he eluded them. So, they arrested me, fabricated evidence against me, and brought me before the Special Criminal Court in Dublin, which is a non-jury, politically established court, where I was convicted and sentenced to death. Upon the word of a police officer that after 43 hours of interrogation, I had uttered these words, “I know that you know I was involved, but on the advice of my solicitor, I am saying nothing and you have to prove it all away.” That is the sole evidence upon which I was convicted and sentenced to death. I should state that in the twelfth day of the trial—-the trial lasted for 34 days over six weeks, and in the twelfth day of the trial, a police officer who had attempted to arrest the culprit two days after the crime, had actually, was within arm’s reach of him and had spoken to him, but he ran away from him and escaped, he gave evidence in the trial and he was asked, had he seen the man again. He said he had, in fact, he was in the court. I was sitting in the dock. The police officer was asked to point out the man. He pointed up to a man standing in the back row of the public gallery and he said, that is him standing over there with his back to the partition. He pointed out the man in the public gallery. At which, the people standing beside this man all moved away from him. He was standing on his own like something you would see in a movie. But he was never stopped. He was allowed to leave the court, he wasn’t stopped or charged or anything else, and I was duly convicted. Sentenced to death. I spent six—-in Ireland, we didn’t have death row. I spent six months in the death cell, which would be the equivalent to deathwatch in the United States. My lawyers made an application for leave to appeal which put an automatic stay on the execution. The Court of Criminal Appeals refused that application for leave to appeal and set a new date for execution for the 8th of June, 1981. About 11 days before that, the President commuted the sentence on the advice of them and I was sentenced to forty years without any possibility of parole. I was put out into the prison population. I couldn’t possibly face forty years in prison and so I determined I would try to prove my innocence. I began to try and study law. In order to relax so I could ease my anger, my rage at what they had done to me, I began to teach myself the disciplines of yoga and meditation. It was those two disciplines that brought me through.

When, of course, Sunny and I met, we discovered we both used the same disciplines, 7,000 miles apart, without even knowing each other. That was another bond we had with each other. In January of 1992, I eventually opened my case in the high court in Dublin, on my own behalf, because I had no money and no lawyers, and I was escorted from the prison under armed escort and handcuffed, etc., and I offered my case there. In July of that year 1992, I won an order for discovery of the police papers in the case. Six months later when I got some of those documents, I found—-I was supplied with a photocopy of the notebook of the police officer who claimed I had made that statement. In his notebook, he had written in the alleged statement before his entry for the interrogation of which he claimed I said it. In any event, the case ran from January 1992 through to May 1995. Just before that, before that time in 1994, a human-rights lawyer offered me his help and I took it. In 1995 in May, the conviction was quashed by the Court of Criminal Appeal. The state asked for retrial. The court ordered a re-trial, I was sent back to prison on remand. The following day I was brought back to the Court of Criminal Appeal where I was given bail. A week later, the state dropped the case. So consequently, I received no compensation for damages whatsoever. When I was released on May 17, 1995, out of the Special Criminal Court onto the street, I had no money, I had no identification, no passport, no driving license, no Social Security number, no where to live, nothing. I didn’t even get my bus fare. But I had family and friends and they looked after me, and I survived.

NERMEEN SHAIKH: Is it the case, Peter, that you were the last person who was sentenced to death in Ireland?

PETER PRINGLE: No, that’s not, actually. The media picked that one up. I was one of the last. There were—-let me see, now, there were I think three or four were sentenced to death after me. But all of those sentences were commuted as well.

SONIA JACOBS: But you were the only person who ever was released.

PETER PRINGLE: I was the only person in history of the state who got my conviction quashed, overturned, in a capital case. I did most of it on my own. I think I’m probably the only living person in Europe who has had his conviction overturned and released, had an exoneration from a death sentence. Three years after I came out of prison, and having gone through the difficulty of settling back into society—-which is very, very difficult—-I met with Steve Earle. Steve had been communicating with a man on death row in Texas named Jonathan Noble who asked Steve to witness his execution because he wanted one person there who didn’t hate him. Steve agreed to do that, and was so traumatized by what he saw, that he came back to Ireland to chill out a little and recover from that ordeal. While there, I was introduced to him. We exchanged our stories, we became friends. Consequently, when Sunny later was on the Journey of Hope, marching against the death penalty through Texas, people from the Irish section of Amnesty International were present and heard her speak. They invited her to come to Ireland the following year to speak at the annual general meeting of the Ireland section of Amnesty, which she agreed to. And then following on that, in Tennessee on another March, she met with Steve and told him she was coming to Ireland. He said to her, oh, you should talk to Peter Pringle, but he didn’t say why. When she got to Ireland the next year, and she spoke at a meeting in Dublin, somebody asked her if she’d spoken to me. She said, no. They gave her my number.

One day at home, I got a phone call from this American lady who said to me she wanted to speak to Peter Pringle. I said, that is me. She said she was Sunny Jacobs and was going to speak at a meeting in Galway the following Friday—-going to speak at a meeting the following Friday and if I wished to come along I was welcome. I asked her what she was going to speak about it she said, the death penalty. I said, well, yeah, I’m interested in that. At the time I was thinking, what does this woman know about the death penalty? So I went along anyway the following Friday with two friends. We were in the venue, which was a room over a pub at 1:00 in the day, and the people who had traveled with Sunny had gone to get lunch. But we, neither of us, like to eat before we speak about these matters in detail. So I was up in the room waiting for the event to happen when the door opened on the far side and this little lady walked in. I walked over to her and said, you must be Sunny Jacobs.

SONIA JACOBS: And I said, you must be Peter Pringle.

PETER PRINGLE: I heard her talk. I was mesmerized by her story. I was blown away by the horror of what had happened to her. I knew I had to speak with her again. I said that to her. But she told me she had to leave in an hour to go to court with Mary, who is the general secretary of Amnesty. So when she spoke to Mary, Mary was delighted I was going to take Sunny in charge and she transferred her back to me. A friend of mine in Galway loaned me his Mercedes car and packed us a lunch, a pack lunch.

SONIA JACOBS: A cheese lunch. We’re both vegetarians.

PETER PRINGLE: …at the time. And I drove her through Ireland and down to Cork, and as we were sitting in the car, in the car ferry crossing the river Shannon, she turned to me and she said, well, what is your interest in all this? And I said … this is the first time she had heard what my story was…and I said to her, I told her that I too had been sentenced to death and I had been exonerated. She said, and how did you get through? I said yoga and meditation. She said, wow, that is something, because that is what happened with her. So we traveled down, down to Cork together, sharing our story. At times laughing, at times crying, but very, very close with each other. She spoke at the meeting that evening. Amnesty booked us into a hotel, two separate rooms. We went over to the hotel and she came to my room and we sat down together. For three hours, we discussed forgiveness. And then she went back to her room. The following morning, I went off to…back home, to return the car. We kept in communication long distance. After 9/11, we decided that we really had to make a decision whether we were going to live together or not. Neither of us did not know if we could live with someone else because we have been on our own for so long. We opted for the west coast of Ireland. Sunny reversed what her ancestors did, she packed two bags, got rid of all her belongings in California and traveled back East and came to live with me in a little cottage by the sea on the west coast of Ireland. We live there now, a different cottage now, but we still live on the west coast of Ireland and we have a, we rent a little cottage with three and half acres. We have two dogs and two cats, a couple of hens, a couple of ducks, eight goats, and our garden. We grow our vegetables. We grow our potatoes. We have our eggs from our fowl. We milk the goats and she makes wonderful goat cheese. We try to be as self-sufficient as we can be, because of course we have no money. Neither of us got compensation. But we live a very good life there together.

AMY GOODMAN: And yet you decided to…you got married in New York, you were surrounded by—-of actually in your case, Sunny, the women who played you in The Exonerated like Brooke Shields and Marlo Thomas and Amy Irving. Talk about what you were just saying, Peter, when you are not on the west coast of Ireland, what you’re doing, in these last few minutes that we have.

PETER PRINGLE: What we do is we work with different human rights organizations like Amnesty, a group in London called Amicus, a wonderful group of people in Italy called The Community of Sant’Egidio…

SONIA JACOBS: The Journey of Hope in America.

PETER PRINGLE: The Journey of Hope.

SONIA JACOBS: The Seeds of Hope.

PETER PRINGLE: The Seeds of Hope is an Irish group in Ireland. But the Culture Project in New York was the not-for-profit theater organization that put on The Exonerated. The Culture Project, we knew that if…we could get married in New York very easy, and of course Sunny is a native of New York, so that kind of was nice, to do that. But we cannot afford to go to New York. We got a phone call from the Culture Project inviting us to come to their producers’ weekend to speak at that weekend and also for Sunny to present awards. So when they heard that we were looking to get married, they said, we will host your wedding. So that is what happened. They brought us to New York and put us up and hosted our wedding.

AMY GOODMAN: We have thirty seconds.

PETER PRINGLE: The Culture Project initiated a new award, which they called the Sunny award. They’ve given it out every year to people who shed a light, an artistic light, on injustice. And Sunny got the first award and she presented the other ones.

SONIA JACOBS: If I could just say one small thing, it’s that everyone out there can do their part. If you believe something is wrong, then do something about it whether it is write a letter, protest with a sign, go down to Wall Street and support them. Bring them sandwiches. Join an organization. Every person makes a difference. If you do something about what you believe, then it makes your life and everyone’s life better.

PETER PRINGLE: And if I may make a plug here, we each of us have a book written ready for any publisher who might be interested.

SONIA JACOBS: We need a publisher.

AMY GOODMAN: Sunny Jacobs and Peter Pringle—-

SONIA JACOBS: You have always been one of my heroes, Amy.

AMY GOODMAN: Thank you for joining us. Happy holiday to everyone.

Troy Davis’s Execution Will Be a Judicial Lynching September 18, 2011

Posted by rogerhollander in Criminal Justice, Racism.
Tags: , , , , , , , , , , , , , ,
add a comment
Despite evidence that he’s innocent, Troy Davis faces
execution on September 21. With a culture that cheers Rick Perry’s execution
record, what chance does he have?
September 16, 2011  |  Amy Goodman

Death brings cheers these days in America.

In the most
recent Republican presidential debate in Tampa, Florida
, when CNN’s Wolf
Blitzer asked, hypothetically, if a man who chose to carry no medical insurance,
then was stricken with a grave illness, should be left to die, cheers of “Yeah!”
filled the hall. When, in
the prior debate, Governor Rick Perry was asked
about his enthusiastic use
of the death penalty in Texas, the crowd erupted into sustained applause and
cheers. The reaction from the audience prompted debate moderator Brian Williams
of NBC News to follow up with the question, “What do you make of that dynamic
that just happened here, the mention of the execution of 234 people drew
applause?”

That “dynamic” is why challenging the death sentence to be carried out
against Troy Davis by the state of Georgia on
21 September is so important. Davis has been on Georgia’s death row for close to
20 years, after being convicted of killing off-duty police officer Mark MacPhail
in Savannah. Since his conviction, seven of the nine non-police witnesses have
recanted their testimony, alleging police coercion and intimidation in obtaining
the testimony. There is no physical evidence linking Davis to the murder.

Last March, the US
supreme court ruled
that Davis should receive an evidentiary hearing, to
make his case for innocence. Several witnesses have identified one of the
remaining witnesses who has not recanted, Sylvester “Redd” Coles, as the
shooter. US District Judge William T Moore Jr refused, on a technicality, to
allow the testimony of witnesses who claimed that, after Davis had been
convicted, Coles admitted to shooting MacPhail. In his August
court order, Moore summarised
, “Mr Davis is not innocent.”

One of the jurors, Brenda Forrest, disagrees. She told CNN
in 2009, recalling the trial of Davis
, “All of the witnesses – they were
able to ID him as the person who actually did it.” Since the seven witnesses
recanted, she says: “If I knew then what I know now, Troy Davis would not be on
death row. The verdict would be not guilty.”

Troy Davis has three major strikes against him. First, he is an African
American man. Second, he was charged with killing a white police officer. And
third, he is in Georgia.

More than a century ago, the legendary muckraking journalist Ida
B Wells
risked her life when she began reporting on the epidemic of
lynchings in the Deep South. She published Southern Horrors: Lynch Law in All
its Phases in 1892 and followed up with The Red Record in 1895, detailing
hundreds of lynchings. She wrote:

“In Brooks County, Georgia, 23 December, while this Christian country was
preparing for Christmas celebration, seven Negroes were lynched in 24 hours
because they refused, or were unable to tell the whereabouts of a colored man
named Pike, who killed a white man … Georgia heads the list of lynching
states.”

The planned execution of Davis will not be at the hands of an unruly mob, but
in the sterile, fluorescently lit confines of Georgia diagnostic and
classification prison in Butts County, near the town of Jackson. The state
doesn’t intend to hang Troy Davis from a tree with a rope or a chain – to hang,
as Billie Holiday sang, like a strange fruit:

“Southern trees bear a strange fruit
Blood on the leaves and blood at the
root
Black body swinging in the Southern breeze
Strange fruit hanging from
the poplar trees.”

The state of Georgia, unless its board of pardons and paroles intervenes,
will administer a lethal dose of pentobarbital. Georgia
is using this new execution drug
because the federal Drug Enforcement
Administration seized its supply of sodium thiopental last March, accusing the
state of illegally importing the poison.

“This is our justice system at its very worst,” said Ben Jealous, president
of the National Association for the Advancement of Colored People (NAACP).
Amnesty International has called on the state board of pardons and paroles to
commute Davis’ sentence. “The board stayed Davis’ execution in 2007, stating
that capital punishment
was not an option when doubts about guilt remained,” said Larry Cox, executive
director of Amnesty International USA. “Since then, two more execution dates
have come and gone, and there is still little clarity, much less proof, that
Davis committed any crime. Amnesty International respectfully asks the board to
commute Davis’ sentence to life and prevent Georgia from making a catastrophic
mistake.”

It’s not just the human rights groups the
parole board should listen to. Pope Benedict XVI and Nobel peace prize laureates
President Jimmy Carter and South African Archbishop Desmond Tutu, among others,
also have called for clemency. Or the board can listen to mobs who cheer for
death.

• Denis Moynihan contributed research to this column

They Messed with Texas September 10, 2011

Posted by rogerhollander in Criminal Justice, Human Rights, Texas.
Tags: , , , , , , , , , , , , , , ,
add a comment
//

//


September 9, 2011, 7:15
pm

By PETER
CATAPANO

 A funny thing happened at the Republican debate at the Reagan
Library in California on Wednesday night, when the evening’s co-moderator Brian
Williams asked a question of Gov. Rick Perry of Texas. (Not funny ha-ha, funny
peculiar.)

For the text oriented among us, here’s what transpired.

WILLIAMS: Governor Perry, a question about Texas. Your state has executed 234
death row inmates, more than any other governor in modern times. Have you…

(APPLAUSE)

Have you struggled to sleep at night with the idea that any one of those
might have been innocent?

PERRY: No, sir. I’ve never struggled with that at all. The state of Texas has
a very thoughtful, a very clear process in place of which — when someone commits
the most heinous of crimes against our citizens, they get a fair hearing, they
go through an appellate process, they go up to the Supreme Court of the United
States, if that’s required.

But in the state of Texas, if you come into our state and you kill one of our
children, you kill a police officer, you’re involved with another crime and you
kill one of our citizens, you will face the ultimate justice in the state of
Texas, and that is, you will be executed.

WILLIAMS: What do you make of…

(APPLAUSE)

What do you make of that dynamic that just happened here, the mention of the
execution of 234 people drew applause?

PERRY: I think Americans understand justice. I think Americans are clearly,
in the vast majority of — of cases, supportive of capital punishment. When you
have committed heinous crimes against our citizens — and it’s a state-by-state
issue, but in the state of Texas, our citizens have made that decision, and they
made it clear, and they don’t want you to commit those crimes against our
citizens. And if you do, you will face the ultimate justice.

For some — in this case, opponents of the death penalty — this was sort of a
double whiplash moment, a gasp within a gasp that may have been more confusing
than mobilizing. Because which was more disturbing (or heartening, depending on
your political view)? Perry’s unbowed defense of the “thoughtful” trial process
in Texas and the clear expression of his untroubled mind in the face of possible
moral doubt and complexity (i.e., Have I facilitated the death of an innocent
human?)? Or the audience applause that bracketed the exchange, the rousing
audience cheers for an aggressively applied death penalty? In California, mind
you, not Texas.

Let’s look at the applause, the “execution cheer,” if you will. Because any
number of analysts might have expected Perry to say what he said, but the cheer
was a surprise — a welcome sort for some, but unwelcome for others.

This is the digital age, so let’s begin with an immediate outburst from
Andrew Sullivan, who during his live blogging of the debate, wrote:

9.48 pm. A spontaneous round of applause for executing people! And Perry
shows no remorse, not even a tiny smidgen of reflection, especially when we know
for certain that he signed the death warrant for an innocent man. Here’s why I
find it impossible to be a Republican: any crowd that instantly cheers the
execution of 234 individuals is a crowd I want to flee, not join. This is the
crowd that believes in torture and executions. Can you imagine the torture that
Perry would authorize? Thank God he’s doing so poorly tonight.

The next morning, Sullivan’s former colleague, The Atlantic’s Ta-Nehisi
Coates, seemed somewhat less rattled, though hardly
cheerier
. “Apparently people were shocked by the applause here,” he wrote.
“The only thing that shocked me was that they didn’t form a rumba line. It’s a
Republican debate. And it’s America.” He continued:

Perry’s right — most people support the death penalty. It’s the job of those
of us who oppose the death penalty to change that.

It’s worth remembering that no Democratic nominee for the presidency in some
twenty years, has been against the death penalty. This is still the country
where we took kids to see men lynched, and then posed for photos.

We are a lot of things. This is one of them.

Glenn Greenwald at Salon found it unwelcome, too. Actually he found it “creepy
and disgusting
.” (Greenwald, like Perry, is direct.). In a link-laden
broadside, he wrote:

[I]t’s hardly surprising for a country which long considered public hangings
a form of entertainment and in which support for the death penalty is mandated
orthodoxy for national politicians in both parties.  Still, even for those who
believe in the death penalty, it should be a very somber and sober affair for
the state, with regimented premeditation, to end the life of a human being no
matter the crimes committed.  Wildly cheering the execution of human beings as
though one’s favorite football team just scored a touchdown is primitive,
twisted and base.

All of that would be true even if the death penalty were perfectly applied
and only clearly guilty people were killed.  But in the U.S., the exact opposite
is true; see here to read about (and act to stop) a horrific though typical
example
of a very likely innocent person about to be executed by the State
of Georgia.  That Perry in particular likely enabled the execution of an innocent man — as well as
numerous other highly disturbing killings, of the young and
mentally infirm
— makes the cheering all the more repellent.  That the death
penalty in America has long been plagued by a serious racial bias makes it worse
still.  That this death-cheering comes from a party that relentlessly touts
itself as ”pro-life” and derides the other as The Party of Death — and loves to
condemn Islam (in contrast to its war-loving self) as a death-glorifying cult — only adds a layer of dark
irony.

That whole “perfectly applied” thing — the goal of which requires the person
being put to death to actually be guilty — also troubled others. Marie Diamond
at Think Progress Justice undertakes
a thorough debunking
of the idea that everyone executed in Texas in the past
decade or so was guilty:

[D]uring Perry’s tenure as governor, DNA evidence has exonerated at least
41
people convicted in Texas, Scott Horton writes in Harper’s. According to
the Innocence
Project
, “more people have been freed through DNA testing in Texas than in
any other state in the country, and these exonerations have revealed deep flaws
in the state’s criminal justice system.” Some 85
percent
of wrongful convictions in Texas, or 35
of the 41
cases, are due to mistaken eyewitness identifications.

Those exonerations include Cornelius Dupree, who had already spent 30 years in
prison
for rape, robbery, and abduction when DNA evidence proved
unequivocally that he was not the man who had committed those crime. Tim
Cole
, the brother of Texas Sen. Rodney Ellis (D), was posthumously pardoned
a decade after he died in prison when DNA evidence proved his innocence. The
total failure of the Texas courts to protect these innocent individuals reveal a
system plagued by racial injustices, procedural flaws, and
a clemency review process that’s nothing but a rubber stamp on executions.

Leading the country in wrongful convictions probably should give Perry a
moment’s pause about the reliability of a criminal justice process he described
last night as “thoughtful.” …

And he may well have already executed an innocent man. The case of Cameron
Todd Willingham
, who was executed in 2004 for the arson deaths of his three
daughters and maintained his innocence until his dying day, will likely continue to haunt
Perry
throughout the campaign. Several scientists and forensics experts have
questioned the evidence that led to Willingham’s conviction, but Perry “squashed”
an official probe
into his execution.

(Here is an interactive graphic of executions under Governor Perry, from the Texas Tribune.)

Taking another tack, political animal Steve Benen at Washington Monthly notes
the apparent inconsistency in Perry’s much-discussed attitude towards
science:

[W]e’re learning quite a bit about how Rick Perry thinks. Scientists tell
him, after rigorous, peer-reviewed, international research that global warming
is real, and Perry responds, “I don’t care.” A deeply flawed judicial process
puts potentially-innocent Americans on death row, and Perry responds, “Let’s get
the killin’ started.”

The governor balks when presented with evidence on evolution, abstinence
education, and climate change, but embraces without question the notion that
everyone he’s killed in Texas was 100 percent guilty. The scientific process, he
apparently believes, is unreliable, while the state criminal justice system is
infallible.

Intellectually, morally, and politically, this isn’t just wrong; it’s scary.
The fact that Republicans in the audience found this worthy of hearty applause
points to a party that’s bankrupt in more ways than one.

Of course, as Coates pointed out, this is America, and thus Perry’s stance
was praised by some as proof (not scientific) that the governor was truly
sympatico with the average American death penalty supporter.

An interesting opinion of this sort was aired by James Taranto at The Wall
Street Journal. Taranto reaches way back to the year 2000 to a New Republic
piece by Josh Marshall, which explained every other civilized country’s ban on
the death penalty as political “elitism” — the populous in most countries
support the death penalty, but their politicians forbid it. In other words, the
political systems in these other countries are “morally superior” but “less
democratic,” Marshall wrote. “[I]n Europe and Canada elites have exercised a
kind of noblesse oblige. They’ve chosen a more civilized and humane political
order over a fully popular and participatory one. It’s a perfectly defensible
position — but it might not go over that well on ‘Crossfire.’ ”

(“Crossfire” was cancelled in 2005, but you get the picture, right?)

Eleven years on, Taranto elaborates, explaining the audience applause as rooted in a sort of patriotism:

It seems to us that the crowd’s enthusiasm last night was less sanguinary
than defiant. The applause and the responses to it reflect a generations-old
mutual contempt between the liberal elite and the large majority of the
population, which supports the death penalty.

There are, of course, reasonable arguments against the death penalty. But
opponents are too resentful at their inability to steamroll over public opinion
as if this were Europe or Canada to argue their case effectively. One of their
most ludicrous tropes is to liken the U.S. to authoritarian regimes that also
practice capital punishment. In reality, as Marshall showed, America still has
the death penalty because it is less authoritarian than Europe. Thus whenever
someone makes that argument, we feel a tinge of patriotic pride. We believe a
similar sentiment lay behind last night’s applause.

(Weirdly, the caption beneath the photo of Perry read simply, “Rick Perry has
executive experience.” Italics mine.)

Another oddity of this dust-up was the digital shrapnel that hit Brian
Williams for asking the obvious question. Matthew Sheffield at Newsbusters.org
(devoted, in the site’s own words, to “exposure of liberal media bias,
insightful analysis, constructive criticism and timely corrections to news media
reporting.”) argued that Williams showed a lot of liberal elitist gall for
even going there:

As someone who makes his living by trying to appeal, at least in some
fashion, to the emotions of crowds, Williams’s inability to understand the
audience’s spontaneous outbreak of applause response to his declaration that
Texas “has executed 234 death row inmates, more than any other governor in
modern times” is a classic case of a liberal elitist being unable to compute
that his smugly held opinions are not shared by others. It was the media analog
of 1988 Democratic presidential nominee’s Michael Dukakis’s anodyne response
when asked in a debate about whether he would want a hypothetical murderer of
his wife executed.

But perhaps I’m selling Williams’s perspicacity short. One suspects he would
likely have understood a similar audience reaction were it to applaud
enthusiastically a Democratic candidate’s firm support for abortion
legalization. Such a response could equally be perceived as grisly but it seems
unlikely that Williams would entertain such a thought.

Ann Althouse also accused Williams of baiting,
not unlike a certain CNN anchor at a 1988 Democratic presidential debate:

Williams —skillfully — lures Perry into the realm of emotion. Perhaps he’s
looking for a big moment, perhaps something like what happened to Michael
Dukakis in the second presidential debate in 1988. Dukakis was against the death
penalty, and the question asked by Bernard Shaw invited him to show some passion
and fire about crime — what if your wife were raped and murdered? — and Dukakis
stayed doggedly on his track, expressing coolly rational rejection of the death
penalty.

In last night’s debate, Perry declined the invitation to show passion about
death — the death of the convicted murderer — and, like Dukakis, he stayed
coolly rational. In Sullivan’s words, he “shows no remorse” or “reflection” —
but he did show reflection, reflection about the soundness of the system of
justice. He didn’t show remorse. Remorse is what you ask a criminal to show. It
was fine for Perry not to be lured into displaying angst over executions. But
then I thought it was fine for Dukakis to keep from getting sidetracked by
Shaw’s melodramatic hypothetical. All we’re talking about is the public’s
response to the candidate and the journalist’s effort to create excitement. The
difference is, most Americans support the death penalty, and they don’t need
elaborate expressions about the deep significance of death when it’s the death
of a convicted murderer.

Certainly, as Sept. 11 approaches, the idea of revenge is in the air, as are
questions about it. Is vengeance the way of nations? Was it worth it? What is
the difference between revenge and justice? Does violence merely beget violence?
Greenwald, in the same post cited above makes the connection to the American
cheering that followed the killing of Osama bin Laden. (“In all cases,
performing giddy dances over state-produced corpses is odious and wrong.”)

Greenwald also cites Will Bunch at the Philadelphia Daily News, who believes
he saw the national sentiment that Perry tapped into. Bunch calls the death
penalty cheer “a shocking new low” in American politics. On Thursday he wrote:
“[W]ith the 10th anniversary of 9/11 just four days away, everyone’s been
looking for a window into America’s post-attack psyche. I think that, sadly,
that window just opened wide in Simi Valley last night. I’ve never forgiven my
own newspaper, the Daily News, for leading the Sept. 12, 2001, paper with an
editorial headlined ‘Blood for blood’ that started out: ‘Revenge. Hold that
thought.’ Obviously, we have — for coming up on a decade. The cheering of
executions is the hallmark of a sick society one that’s incapable of tackling
its real demons and looking for vengeance on whomever happens to be
available.”

Given the tension in the air, and the 2012 election hovering, it’s not likely
that the warring parties will come together on this or any other issue. But who
knows? Maybe we’ll all wake up one morning and see the world differently. It’s
happened

The Death Penalty Club May 10, 2009

Posted by rogerhollander in Criminal Justice, Human Rights.
Tags: , , , , , , , , , , , , , , ,
add a comment

by Jen Marlowe

It’s a hard time for those who care about the fate of Georgia death row prisoner Troy Davis.

On April 16, Davis received the most recent blow to his case; the 11th Circuit Court of Appeals rejected Davis’s appeal based on innocence heard in court. Davis was convicted for the 1989 murder of off-duty police officer Mark MacPhail in Savannah. A great deal of possibly exonerating evidence has come to light since Davis’s original trial, including affidavits by seven of the nine non-police witnesses, recanting or contradicting their trial testimonies, with claims of police coercion and intimidation further tainting the original testimonies. This is particularly significant as there was never any physical evidence linking Davis to the crime and of the two witnesses who did not recant, one is another potential suspect. No court has held a trial or hearing based on the new evidence. Nevertheless, the panel of three 11th Circuit judges rejected Davis’s petition on procedural grounds in a 2-1 vote.

“To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence,” wrote dissenting Judge Rosemary Barkett “is unconscionable and unconstitutional.”

The Court granted Davis a thirty-day stay of his execution, which ends on May 15th.

Davis’s case has become a lightening rod for debate, most of it focused on the impending execution of a possibly innocent man whom the system won’t permit a second day in court. Even pro-death penalty advocates have spoken out against executing Davis. Former federal judge and FBI Director William Sessions, a supporter of capital punishment, wrote, “I believe that there is no more serious offense than the murder of a police officer. However, crucial unanswered questions surround claims of Davis’ responsibility for this terrible crime, and I believe that the execution should not go forward until the courts address them and determine whether he is in fact guilty… To send a man to his death because procedural obstacles prevent the courts from considering the merits of his claim of innocence would, in my view, be a travesty.”

There are, as Sessions writes, crucial unanswered questions surrounding claims of Davis’s responsibility for the murder of MacPhail. And equally crucial is an examination of the practice of execution itself, in a national and international context too often sorely missing from the discourse.

From 1972-1976, the US Supreme Court suspended the death penalty as the Court examined whether capital punishment constitutes “cruel and unusual punishment” and is, therefore, unconstitutional. New death penalty laws were passed in 1976. The reliability of convictions that end in capital punishment remains highly contested; since the new laws were approved, 131 death row inmates have been exonerated. In fact, a Columbia Law School study in 2000 concluded that death sentences in the United States are “persistently and systematically fraught with error.” Yet even with the overwhelming evidence that scores of innocent people end up on death row, some only exonerated posthumously, as well as substantial flaws in the argument that capital punishment is an effective deterrent, the majority of the country still accepts execution as a reasonable form of punishment. Capital punishment is currently legal in 35 states and there are over 3,000 prisoners on death row throughout the country.

Recently, however, there has been some light.

On March 18th, New Mexico became the fifteenth state in the US to abolish capital punishment.

And on April 21, the Colorado State Congress passed a measure to abolish the death penalty by a single vote. The bill now goes to the Colorado State Senate.

Unfortunately, these glimmers offer little comfort to current death-row prisoners, even ones in New Mexico, as the new law signed by Richardson is not retroactive. There is also little hope to grasp when considering the US’s record in the international arena as well. The United States tries to portray itself as a global leader concerning human rights, but when stacked up against the rest of the international community, our record on this issue is abysmal.

The majority of the world has been moving towards abolishing the death penalty. Two thirds of all countries have abolished it in law or in practice-the most recent being Burundi . In all of Europe, Belarus is the only country that still practices capital punishment.

Even with the trend towards abolition, capital punishment remains a crucial global human rights issue, mostly due to a handful of egregious offender nations. In 2008, 2,390 prisoners were executed in twenty-five countries. 93% of those executions took place in China, Iran, Saudi Arabia, United States and Pakistan.

There are the only two countries in the world that have not ratified the UN Convention prohibiting the execution of children. They are Somalia and the United States. There are currently over sixty prisoners on death row in the US for crimes they committed as juveniles.

In April 1999, the United Nations Human Rights Commission passed its second Resolution Supporting Worldwide Moratorium on Executions, calling on countries which still practice capital punishment to restrict its use and not apply it to juveniles. Ten countries–including China, Pakistan, Rwanda, Sudan and the US–voted against the Resolution. A similar resolution was adopted by a large majority at the United Nations General Assembly in 2007, and once again this past December. Both times the USA was part of the small minority in dissent.

I don’t know if Troy Davis ponders the fact that our global colleagues regarding capital punishment include China, Iran, Saudi Arabia, Pakistan, Rwanda, Sudan and Somalia. But our membership in this infamous club should give all of us much pause.

There will all always be another Troy Davis, more and more possibly innocent prisoners on the chopping block, until the United States follows the lead of two-thirds of the world and fully abolishes the death penalty.

Jen Marlowe, a documentary filmmaker and human rights activist, is the author of Darfur Diaries: Stories of Survival (Nation Books). She is now directing and editing her next film, Rebuilding Hope, about South Sudan, and writing a book about Palestine and Israel. Her most recent film was Darfur Diaries: Message from Home. She serves on the board of directors of the Friends of the Jenin Freedom Theatre and is a founding member of the Rachel’s Words initiative. Her email address is: jenmarlowe@hotmail.com
Follow

Get every new post delivered to your Inbox.

Join 98 other followers