do you have any summaries of a similar case where a person who's guilt is in doubt was executed in the last 20 years?
Yes. All of them.
These men were found innocent despite the system and only as a result of extraordinary efforts not generally available to death row defendants.
CONCLUSION
It is an inescapable fact of our criminal justice system that innocent people are too often convicted of crimes. Sometimes only many years later, in the course of a defendant's appeals, or as a result of extra-legal developments, new evidence will emerge which clearly demonstrates that the wrong person was prosecuted and convicted of a crime.
Americans are justifiably concerned about the possibility that an innocent person may be executed. Capital punishment in the United States today provides no reliable safeguards against this danger. Errors can and have been made repeatedly in the trial of death penalty cases because of poor representation, racial prejudice, prosecutorial misconduct, or simply the presentation of erroneous evidence. Once convicted, a death row inmate faces serious obstacles in convincing any tribunal that he is innocent.
The cases discussed in this report are the ones in which innocence was uncovered before execution. Once an execution occurs, the small group of lawyers who handle post-conviction proceedings in death penalty cases in the United States move on to the next crisis. Investigation of innocence ends after execution. If an innocent person was among the 222 people executed in the United States since Furman, nobody in the legal system is any longer paying attention.
Many death penalty convictions and sentences are overturned on appeal, but too frequently the discovery of error is the result of finding expert appellate counsel, a sympathetic judge willing to waive procedural barriers, and a compelling set of facts which can overcome the presumption of guilt. Not all of the convicted death row inmates are likely to have these opportunities.
Judging by past experience, a substantial number of death row inmates are indeed innocent and there is a high risk that some of them will be executed. The danger is inherent in the punishment itself and the fallibility of human nature. The danger is enhanced by the failure to provide adequate counsel and the narrowing of the opportunities to raise the issue of innocence on appeal. Once an execution occurs, the error is final.
deathpenaltyinfo.org
I. INTRODUCTION
In 1972, when the Supreme Court ruled in Furman v. Georgia that the death penalty as then applied was arbitrary and capricious and therefore unconstitutional, a mjority of the Justices expected that the adoption of narrowly crafted sentencing procedures would protect against innocent persons being sentenced to death. Yet the promise of Furman has not been fulfilled: innocent persons are still being sentenced to death, and the chances are high that innocent persons have been or will be executed.
No issue posed by capital punishment is more disturbing to the public than the prospect that the government might execute an innocent person. A recent national poll found that the number one issue raising doubts among voters regarding the death penalty is the danger of a mistaken execution.[1] Fifty-eight percent of voters are disturbed that the death penalty might allow an innocent person to be executed.
Earlier this year, the Subcommittee on Civil andtitutional Rights heard testimony from four men who were released from prison after serving years on death row -- living proof that innocent peopole are sentenced to death.[2] The hearing raised two questions: (1) just how frequently are innocent person convicted and sentenced to death; and (2) what flaws in the system allow these injsutices to occur? In order to answer these questions, Subcommittee Chairman Don Edwards called up on the Death Penalty Information Center to compile information on cases in the past twenty years hwere inmates had been released from death row after thier innocence had been acknowledged. This staff report is based on the research of the Center.
Section II of the report briefly describes each of the 48 cases in the past twenty years where a convicted person has been relased from death row because of innocence. Sections III and IV examine why the system of trials, appeals, and executive clemency fails to offer sufficient safeguards in protecting the innocent from execution. The role fo current legal protections is addressed by looking closely at a few of the cases where death row inmates were later found to be innocent or were executed with their guilt still in doubt. The report concludes that there is a rela danger of innocent people being executed in the United States.
II. Recent Cases Involving Innocent Persons Sentenced to Death
The most conclusive evidence that innocent people are condemned to death under modern death sentencing procedures comes from the surprisingly large number of people whose convictions have been overturned and who have been freed from death row. Four former death row inmates have been released from prison just this year after their innocence became apparent: Kirk Bloodsworth, Federico Macias, Walter McMillian, and Gregory Wilhoit.
At least 48 people have been released from prison after serving time on death row since 1930 with significant evidence of their innocence.[3] In 43 of these cases, the defendant was subsequently acquitted, pardoned, or charges were dropped. In three of the cases, a compromise was reached and the defendants were immediately released upon pleading to a lesser offense. In the remaining two cases, one defendant was released when the parole board became convinced of his innocence, and the other was acquitted at a retrial of the capital charge but convicted of lesser related charges. These five cases are indicated with an asterisk (*).
YEAR OF RELEASE: 1973
1. David Keaton (Florida, Conviction: 1971) Sentenced to death for murdering an off duty deputy sheriff during a robbery. Charges were dropped and he was released after the actual killer was convicted.
1975
2. Wilbert Lee (Florida, Conviction: 1963)
3. Freddie Pitts (Florida, Conviction: 1963) They were convicted of a double murder and sentenced to death. They were released when they received a full pardon from Governor Askew because of their innocence. Another man had confessed to the killings.
1976
4. Thomas Gladish (New Mexico, Conviction: 1974)
5. Richard Greer (New Mexico, Conviction: 1974)
6. Ronald Keine (New Mexico, Conviction: 1974)
7. Clarence Smith (New Mexico, Conviction: 1974) The four were convicted of murder, kidnapping, sodomy, and rape and were sentenced to death. They were released after a drifter admitted to the killings and a newspaper investigation uncovered lies by the prosecution's star witness.
1977
8. Delbert Tibbs (Florida , Conviction: 1974) Sentenced to death for the rape of a sixteen-year-old and the murder of her companion. The conviction was overturned by the Florida Supreme Court because the verdict was not supported by the weight of the evidence. Tibbs' former prosecutor said that the original investigation had been tainted from the beginning.
1978
9. Earl Charles (Georgia, Conviction: 1975) Convicted on two counts of murder and sentenced to death. He was released when evidence was found that substantiated his alibi. After an investigation, the district attorney announced that he would not retry the case. Charles won a substantial settlement from city officials for misconduct in the original investigation.
10. Jonathan Treadway (Arizona, Conviction: 1975) Convicted of sodomy and first degree murder of a six-year-old and sentenced to death. He was acquitted of all charges at retrial by the jury after 5 pathologists testified that the victim probably died of natural causes and that there was no evidence of sodomy.
1979
11. Gary Beeman (Ohio, Conviction: 1976) Convicted of aggravated murder and sentenced to death. Acquitted at the retrial when evidence showed that the true killer was the main prosecution witness at the first trial.
1980
12. Jerry Banks (Georgia, Conviction: 1975) Sentenced to death for two counts of murder. The conviction was overturned because the prosecution knowingly withheld exculpatory evidence. Banks committed suicide after his wife divorced him. His estate won a settlement from the county for the benefit of his children.
13. Larry Hicks (Indiana, Conviction: 1978) Convicted on two counts of murder and sentenced to death. He was acquitted at the retrial when witnesses confirmed his alibi and when the eyewitness' testimony at the first trial was proved to have been perjured. The Playboy Foundation supplied funds for the reinvestigation.
1981
14. Charles Ray Giddens (Oklahoma, Conviction: 1978) Conviction and death sentence reversed by the Oklahoma Court of Criminal Appeals on the grounds of insufficient evidence and the charges were dropped.
15. Michael Linder (South Carolina, Conviction: 1979) Linder was acquitted at the retrial on the grounds of self-defense.
16. Johnny Ross (Louisiana, Conviction: 1975) Sentenced to death for rape. He was released when his blood type was found to be inconsistent with that of the rapist's.
1982
17. Anibal Jarramillo (Florida, Conviction: 1981) Sentenced to death for two counts of first degree murder. He was released when the Florida Supreme Court ruled the evidence did not sustain the conviction.
18. Lawyer Johnson (Massachusetts, Conviction: 1971) Sentenced to death for first degree murder. The charges were dropped when a previously silent eyewitness came forward and implicated the state's chief witness as the actual killer.
1986
19. Anthony Brown (Florida, Conviction: 1983) Convicted of first degree murder and sentenced to death. At the retrial, the state's chief witness admitted that his testimony at the first trial had been perjured and Brown was acquitted.
20. Neil Ferber (Pennsylvania, Conviction: 1982) Convicted of first degree murder and sentenced to death. He was released at the request of the state's attorney when new evidence showed that the conviction was based on the perjured testimony of a jail-house informant.
1987
21. Joseph Green Brown (Florida, Conviction: 1974) Charges were dropped after the 11th Circuit Court of Appeals ruled that the prosecution had knowingly allowed false testimony to be introduced at trial. Brown came within 13 hours of execution.
22. Perry Cobb (Illinois, Conviction: 1979)
23. Darby Williams (Illinois, Conviction: 1979) They were convicted and sentenced to death for a double murder. They were acquitted at retrial when an assistant state attorney came forward and destroyed the credibility of the state's chief witness.
24. Henry Drake* (Georgia, Conviction: 1977) Resentenced to a life sentence at his second retrial. Six months later, the parole board freed him, convinced he was exonerated by his alleged accomplice and by testimony from the medical examiner.
25. John Henry Knapp* (Arizona, Conviction: 1974) Knapp was originally sentenced to death for an arson murder of his two children. He was released in 1987 after new evidence about the cause of the fire prompted a judge to order a new trial. In 1991, his third trial resulted in a hung jury. Knapp was again released in 1992 after an agreement with the prosecutors in which he pleaded no contest to second degree murder. He has steadfastly maintained his innocence.
26. Vernon McManus (Texas, Conviction: 1977) After a new trial was ordered, the prosecution dropped the charges when a key prosecution witness refused to testify.
27. Anthony Ray Peek (Florida, Conviction: 1978) Convicted of murder and sentenced to death. His conviction was overturned when expert testimony was shown to be false. He was acquitted at his second retrial.
28. Juan Ramos (Florida, Conviction: 1983) Sentenced to death for rape and murder. The decision was vacated by the Florida Supreme Court because of improper use of evidence. At his retrial, he was acquitted.
29. Robert Wallace (Georgia, Conviction: 1980) Sentenced to death for the slaying of a police officer. The 11th Circuit ordered a retrial because Wallace had not been competent to stand trial. He was acquitted at the retrial because it was found that the shooting was accidental.
1988
30. Jerry Bigelow (California, Conviction: 1980) Convicted of murder and sentenced to death after acting as his own attorney. His conviction was overturned by the California Supreme Court and he was acquitted at the retrial.
31. Willie Brown (Florida, Conviction: 1983)
32. Larry Troy (Florida, Conviction: 1983) Originally sentenced to death after being accused of stabbing a fellow prisoner, they were released when the evidence showed that the main witness at the trial had perjured himself.
33. William Jent* (Florida, Conviction: 1980)
34. Earnest Miller* (Florida, Conviction: 1980) A federal district court ordered a new trial because of suppression of exculpatory evidence. They were released immediately after agreeing to plead guilty to second degree murder. They repudiated their plea upon leaving the courtroom and were later awarded compensation by the Pasco County Sheriff's Dept. because of official errors.
1989
35. Randall Dale Adams (Texas, Conviction: 1977) He was ordered to be released pending a new trial by the Texas Court of Appeals. The prosecutors did not seek a new trial due to substantial evidence of Adam's innocence. Subject of the movie, The Thin Blue Line.
36. Jesse Keith Brown* (South Carolina, Conviction: 1983) The conviction was reversed twice by the state Supreme Court. At the third trial he was acquitted of the capital charge but convicted of related robbery charges.
37. Robert Cox (Florida, Conviction: 1988) Released by a unanimous decision of the Florida Supreme Court on the basis of insufficient evidence.
38. Timothy Hennis (North Carolina, Conviction: 1986) Convicted of three counts of murder and sentenced to death. The State Supreme Court granted a retrial because of the use of inflammatory evidence. At the retrial, Hennis was acquitted.
39. James Richardson (Florida, Conviction: 1968) Released after reexamination of the case by Janet Reno of the Miami State's Attorney's office which concluded he was innocent.
1990
40. Clarence Brandley (Texas, Conviction: 1980) Awarded a new trial when evidence showed prosecutorial suppression of exculpatory evidence and perjury by prosecution witnesses. All charges were dropped. Brandley is the subject of the book White Lies by Nick Davies.
41. Patrick Croy (California, Conviction: 1979) Conviction overturned by state Supreme Court because of improper jury instructions. Acquitted at retrial after arguing self-defense.
42. John C. Skelton (Texas, Conviction: 1982) Convicted of killing a man by exploding dynamite in his pickup truck. The conviction was overturned by the Texas Court of Criminal Appeals due to insufficient evidence.
1991
43. Gary Nelson (Georgia, Conviction: 1980) Nelson was released after a review of the prosecutor's files revealed that material information had been improperly withheld from the defense. The county district attorney acknowledged: "There is no material element of the state's case in the original trial which has not subsequently been determined to be impeached or contradicted."
44. Bradley P. Scott (Florida, Conviction: 1988) Convicted of murder ten years after the crime. On appeal, he was released by the Florida Supreme Court because of insufficiency of the evidence.
1993
45. Kirk Bloodsworth (Maryland, Conviction: 1984) Convicted and sentenced to death for the rape and murder of a young girl. He was granted a new trial and given a life sentence. He was released after subsequent DNA testing confirmed his innocence.
46. Federico M. Macias (Texas, Conviction: 1984) Convicted of the slaying of Robert Haney. He was granted a federal writ of habeas corpus because of ineffective assistance of counsel and possible innocence. A grand jury refused to reindict because of lack of evidence.
47. Walter (Johnny D) McMillian (Alabama, Conviction: 1988) Conviction was overturned by the Alabama Court of Criminal Appeals and was freed after three witnesses recanted their testimony and prosecutors agreed case had been mishandled.
48. Gregory R. Wilhoit (Oklahoma, Conviction: 1987) Convicted of killing his estranged wife while she slept. His conviction was overturned and he was released in 1991 when 11 forensic experts testified that a bite mark found on his dead wife did not belong to him. The appeals court also found ineffective assistance of counsel. He was acquitted at a retrial in April, 1993.
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