Victims

Sheriff Admits Improper "Activity" in Orange County, California Snitch Scandal

Orange County, California Sheriff Sandra Hutchens appeared before Superior Court Judge Thomas M. Goethals (pictured) on July 5 to explain her department's 4-1/2-year failure to comply with court orders directing the department to produce documents related to a multi-decade practice in the county of misusing prison informants to illegally obtain incriminating statements from accused defendants. In May 2015, Judge Goethals barred the entire Orange County District Attorney's office from participating in the sentencing of Scott Dekraai—who has pleaded guilty to eight killings in a Seal Beach salon in 2011—for withholding evidence about the informant program and lying about its existence. Hutchens—who was appointed sheriff in 2008 following the conviction of the prior sheriff on corruption charges—denied that her office had systemically housed informants with targeted defendants, calling the description of the office's practice “a matter of semantics." “There is no program, per se,” she said. “There is activity.” Deflecting responsibility for the illegal questioning of defendants by informants and the destruction of logs describing the informant program, Hutchens said “There may have been a few deputies who took their duties to different levels than were authorized.” She explained her department's failure to turn over documents whose production had been ordered by the court by saying of her subordinates, “They possibly did not look hard enough.” Hutchens testimony came a week after Sheriff's Deputy Jonathan Larson testified that officers in the Sheriff's Department's Special Handling Unit had been tasked with developing snitches and intentionally placing them near pretrial prisoners to obtain confessions. Larson said he had "assumed" the practice was allowable because it was "approved by our sergeants and lieutenants." Larson also testified that he was certain he had made entries in the Special Handling Unit's log during a four-month period in 2011 that is now missing from the record. Lieutenant Mike McHenry had previously testified that perhaps all of the deputies in the unit simply forgot to make entries during that period. Orange County was one of the 6 most prolific producers of death sentences in the U.S. from 2010 to 2015, a period included in Judge Goethals' investigation into misconduct by the Sheriff's Office and the District Attorney's Office. The sentencing of Dekraai, which brought the informant scandal to light, is now being handled by the California Attorney General's Office, which intends to continue pursuing the death penalty. Bethany Webb, whose sister, Laura Webb-Elody, was allegedly killed by Dekraai, wrote an op-ed for The Los Angeles Times opposing the death penalty in the case. "Over and over again, the authorities have tried to bring families closure through the death penalty, but have succeeded only in keeping old wounds open," she wrote. "Through these painful years, it’s become clear that personal and political ambition have so corrupted the death penalty process that it does not serve us, nor does it serve the interests of justice."

South Carolina Killer Pleads Guilty to 7 Murders in Deal to Avoid Death Penalty

Todd Kohlhepp (pictured) pleaded guilty to seven South Carolina murders on May 26, 2017 and was sentenced to seven consecutive life sentences, plus 60 additional years for the kidnapping and sexual assault of surviving victim Kala Brown. Kohlhepp made a deal with prosecutors to avoid the death penalty, providing information that solved four murders at a motorcycle store in 2003 and sparing Brown and the families of the murder victims from enduring a lengthy trial and appeals process. Seventh Judicial Circuit Solicitor Barry Barnette said "This was a death penalty case. No doubt about it. But it is not fair for families to wait years and years for justice." South Carolina has not had an execution since 2011 and has imposed only one new death sentence in that period. Brown, who Kohlhepp kept chained in a storage container and raped daily for more than two months, told prosecutors she supported the deal, reportedly saying, "he's the killer, not me." Joanne Shiflet, the mother of murder victim Charles David Carver, said she appreciated the certainty of Kohlhepp's sentence: "I am a lot calmer now. There is no apprehension. There is no what if. We know he is going away and going to stay gone." Other multiple killers have also received plea deals to avoid death sentences: In 2003, "Green River" serial killer Gary Ridgway avoided the death penalty in Washington State by pleading guilty to 48 counts of aggravated murder and providing information that solved 48 killings and helped authorities recover the remains of numerous victims who had been missing for nearly two decades. Roland Dominique, who pleaded guilty to eight murders in Louisiana and was a suspect in 15 more, received a life sentence at the request of victims' families in 2008.

30 Years After Murder, 14 Years After Supreme Court Ruling, Pennsylvania Drops Death Penalty At Request of Victim's Family

Thirty years after the crime that sent him to Pennsylvania's death row and 15 years after his case was argued in the U.S. Supreme Court, David Sattazahn was resentenced to life without parole—the sentence he initially received in his first trial in 1991. Prosecutors, defense attorneys, and the victim's family all agreed that a life sentence was the best outcome at this point in the case. Sattazahn was convicted of first-degree murder and the court sentenced him to life in prison in 1991 when his Berks County sentencing jury split 9-3 in favor of a life sentence. After his life sentence, Sattazahn pled guilty to several unrelated felony charges. His murder conviction was then overturned as a result of prejudicially inaccurate jury instructions, and in his retrial, prosecutors again sought the death penalty, using his guilty pleas as a new aggravating circumstance. In 1999, he was retried and sentenced to death, becoming the first death-after-life-sentenced defendant under Pennsylvania's death penalty statute. His appeal in that trial reached the U.S. Supreme Court (argument, pictured), which ruled 5-4 in 2003 that the non-unanimous jury vote in his case did not constitute a finding rejecting the death penalty, even though it had resulted in a life sentence. As a consequence, the Court wrote, subjecting Sattazahn to a second capital prosecution did not violate the Double Jeopardy clause of the U.S. Constitution. Sattazahn's 1999 death sentence was overturned in 2006 because of ineffective assistance of counsel. Faced with the possibility of a third sentencing hearing and additional appeals, the family of murder victim Richard Boyer, Sr. agreed that dropping the death penalty in favor of life without parole would help bring them closure. “Every time we try to get on with our lives, we're back in court, reliving that night again and again. There has to be an end to this madness,” said Barbara Spatz, Boyer's sister. Senior Deputy Attorney General Anthony Forray said his office consulted with Boyer's four children and four siblings before deciding to drop the death penalty. “No family should have to go through this,” Forray said. “The commonwealth believes that what is occurring today is the appropriate thing to occur if this family is ever going to have closure and if this is ever going to come to an end.” At a May 24, 2017 hearing in Reading, Pennsylvania, the Berks County Court of Common Pleas formally resentenced Sattazahn to life.

Texas Court Stays Execution of Paul Storey Based on False Argument About Wishes of Victim's Family

The Texas Court of Criminal Appeals has issued an order staying the scheduled April 12 execution of Paul Storey. The unpublished April 7 order sends Storey's case back to the trial court to consider whether the prosecution knowingly presented false evidence about the victim's family's views on the death penalty. Storey had been scheduled to be executed on April 12. His lawyers argued that "the State denied him his right to due process because it argued "evidence it knew to be false" when prosecutors told jurors that the family of victim Jonas Cherry supported a death sentence for Storey. During the penalty phase of Storey's trial, the prosecution argued that "[i]t should go without saying that all of Jonas [Cherry’s] family and everyone who loved him believe the death penalty was appropriate." However, Cherry's parents (pictured) say they always opposed the death penalty and had made their beliefs known to the prosecution at the time of Storey's trial. They recently released a video and statement in support of clemency, saying "Paul Storey’s execution will not bring our son back, will not atone for the loss of our son and will not bring comfort or closure." Storey presented his claim as part of a second state post-conviction challenge to his death penalty. He faces the procedural hurdle of establishing that the evidence supporting this claim could not have been discovered "with the exercise of reasonable diligence" at the time he filed his initial post-conviction petition. The stay continues a recent pattern of decisions by the Texas court permitting judicial review of claims that death sentences had been procured as a result of false or unreliable prosecutorial evidence or argument. In August 2015, the Court stayed Nicaraguan national Bernardo Tercero's execution based on allegations that he had been "denied due process because the State presented false testimony at his trial." In May 2016, the court stayed the execution of Charles Flores to permit him to challenge the use of scientifically unreliable hypnotically refreshed testimony. One month later, it stayed the execution of Robert Roberson to permit him to challenge the State's use of "false, misleading, and scientifically invalid testimony” about Shaken Baby Syndrome. And in August 2016, the Court stayed the execution of Jeffery Wood to permit him to litigate a claim that prosecutors had presented false scientific evidence and false testimony from a discredited psychiatrist to persuade the jury that Wood would pose a future danger to society.

Texas Murder Victims' Parents Seek Death Sentence Commutation for Paul Storey

Judy and Glenn Cherry (pictured), the parents of Jonas Cherry, have asked Texas state and local officials not to execute Paul Storey, the man convicted of killing their son. The state has scheduled Storey's execution for April 12. In a letter to Tarrant County District Attorney Sharen Wilson, Gov. Greg Abbott, state District Judge Robb Catalano, and the Texas Board of Pardons and Paroles, the Cherrys ask state officials to commute Storey's sentence to life without parole. They write, "Paul Storey’s execution will not bring our son back, will not atone for the loss of our son and will not bring comfort or closure." Storey's commutation efforts have also drawn support from one of the jurors in his case, Sven Berger, who has provided an affidavit for the defense. Berger says the jury was unaware of evidence of Storey's mental impairments at the time it rendered its verdict, and that, had that information been available, it would have affected his decision. He was also affected by learning that Tarrant County prosecutors had agreed to give Storey's co-defendant, Mike Porter, a plea deal for a life sentence. “It seemed clear to me that Porter was the leader,” Berger said. "It was infuriating to see Porter get life and Storey get death.” But most importantly, Berger said knowing the Cherrys' stance would have led him to vote differently because the prosecutor had misled jurors during the trial that the Cherrys wanted Storey to be sentenced to death. “If the family of the deceased did not want the perpetrator executed, that would have been important for me to know, and I believe it would have been important to the other jurors," Berger wrote. The Cherrys have also released a video explaining why they oppose Storey's execution and their desire to spare Storey's family the pain they felt at the loss of their son: "We have never been in favor of the death penalty. However, in the current situation before us, it pains us to think that, due to our son's death, another person will be purposefully put to death. Also motivating us, is that we do not want Paul Storey's family, especially his mother and grandmother, if she is still alive, to witness the purposeful execution of their son. They are innocent of his deeds." The Cherrys said they recently learned that Storey had been offered the same deal as Porter, but had turned it down.

Bishops Ask Georgia Prosecutor to Respect Wishes of Murdered Priest, Drop Death Penalty

Prosecutors in Augusta, Georgia are seeking the death penalty against a man accused of murdering the Rev. Rene Robert (pictured), despite their knowledge that the Franciscan priest had requested that the death penalty not be used "under any circumstances" if he were killed. On January 31, Catholic Bishops from Georgia and Florida traveled to Augusta to meet with Hank Sims, the acting district attorney for the Augusta Judicial Circuit, asking him to respect Reverend Robert's wishes and to withdraw capital charges against Steven Murray. They also delivered a petition signed by more than 7,400 people from Rev. Robert's diocese in St. Augustine, Florida, asking that the Reverend's wishes be honored. In his work as a Catholic priest, Rev. Robert had devoted his life to serving people convicted of crimes and those struggling with addiction and mental health problems. He had worked with Murray through his ministry. Twenty years before he was killed, Rev. Robert signed a "Declaration of Life" that stated: "I hereby declare that should I die as a result of a violent crime, I request that the person or persons found guilty of homicide for my killing not be subject to or put in jeopardy of the death penalty under any circumstances, no matter how heinous their crime, or how much I have suffered." His declaration also requested that the Declaration of Life be admitted as evidence at trial if the prosecution sought the death penalty for his murder, and asked that the Governor “take whatever action is necessary” to prevent any person convicted of his murder from being executed. “During my life," he wrote, "I want to feel confident that under no circumstances whatsoever will my death result in the capital punishment of another human being.” At a press conference before the meeting, St. Augustine Diocese's Bishop Felipe Estevez expressed the bishops' opposition to capital punishment. "Imposing a death sentence as a consequence of killing wrongly perpetuates a cycle of violence in our community," he said. "The death penalty only contributes to an ever-growing disrespect for the sacredness of human life. … Societies remain safe when violent criminals are in prison for life without parole." The views of Rev. Robert and the bishops reflect the Catholic Church's longstanding opposition to the death penalty, which Pope Francis reiterated in an address to Congress in 2015.

NEW VOICES: Regretting Execution, Murder Victim's Family Urges Governor to Commute Missouri's Death Row

When Missouri executed Jeff Ferguson in 2014 for the rape and murder of Kelli Hall, her father said the Hall family "believed the myth that Ferguson’s execution would close our emotional wounds." At that time, Jim Hall told reporters "It's over, thank God." But, he now says, it wasn't. In an op-ed in the Columbia Daily Tribune, Mr. Hall writes that his family has "come to deeply regret [Ferguson's] execution" and appeals to Governor Jay Nixon to commute the death sentences of the 25 men remaining on the state's death row. Hall says that several weeks after Ferguson was executed, his family viewed a documentary film that featured comments from Ferguson that "conveyed such genuine remore for the pain he caused both our family and his because of his horrible actions." A few months later, the Halls also learned that Ferguson had been a leader in the prison's hospice, GED, and restorative justice programs, including one in which prisoners listened to victims share the devastating impact the crimes had on their lives.The Hall family was able to forgive Ferguson as soon as they saw the film, and Mr. Hall says "my family wishes we had known of his involvement in these programs and been invited to participate. ... I'm convinced significant healing would have occurred for us all if our family had engaged in a frank conversation with him at the prison. I wish I had had the chance -- consistent with my Christian beliefs -- to have told him in person that I forgave him for what he did to our innocent and precious daughter." While applauding Governor Nixon for "his strong advocacy of restorative justice," Mr. Hall writes "[t]he death penalty ... stands as the concept's polar opposite." Commuting all of Missouri's death sentences to life in prison without parole, he says, "would be a true gesture of restorative justice."

STUDIES: Death Penalty Adversely Affects Families of Victims and Defendants

The death penalty adversely affects both families of murder victims and families of the accused, according to two recent journal articles. In his Psychology Today blog, Talking About Trauma, psychologist Dr. Robert T. Muller (pictured) reports that psychological studies have have found that the death penalty produces negative effects on families and friends of murder victims (referred to as "co-victims"). One University of Minnesota study found that just 2.5% of co-victims reported achieving closure as a result of capital punishment, while 20.1% said the execution did not help them heal. That may be because, as one co-victim described it, "Healing is a process, not an event.” A 2012 Marquette University Law School study reported that co-victims had improved physical and psychological health and greater satisfaction with the legal system in cases where perpetrators received life sentences, rather than death sentences. The authors of that study said co-victims, "may prefer the finality of a life sentence and the obscurity into which the defendant will quickly fall, to the continued uncertainty and publicity of the death penalty." Lula Redmond, a Florida therapist who works with family members of murder victims, said, "More often than not, families of murder victims do not experience the relief they expected to feel at the execution. Taking a life doesn’t fill that void, but it’s generally not until after the execution that families realize this." A number of co-victims expressed sympathy for family members of the condemned, but the death penalty process also can polarize the families, obstructing healing for both. An article for the University of Michigan Journal of Law Reform by Professor Michael Radelet of the University of Colorado at Boulder describes the retributive effects of the death penalty on the family, friends, and attorneys of death row prisoners. Radelet compares these impacts to the effect of life without parole and argues "that the death penalty’s added punishment over LWOP often punishes the family just as much as the inmate, and after the execution the full brunt of the punishment falls on the family. This added impact disproportionately punishes women and children." These effects on people other than the inmate, he writes, "undermine the principle that the criminal justice system punishes only the guilty and never the innocent. The death penalty affects everyone who knows, cares for, or works with the death row inmate."

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