Cameron Willingham Texas Convicted: 1992, Executed: 2004 After examining evidence from the capital prosecution of Cameron Willingham, four national arson experts have concluded that the original investigation of Willingham's case was flawed, and it is possible the fire was accidental. The independent investigation, reported by the Chicago Tribune, found that prosecutors and arson investigators used arson theories that have since been repudiated by scientific advances. Willingham was executed in 2004 in Texas despite his consistent claims of innocence. He was convicted of murdering his three children in a 1991 house fire. Arson expert Gerald Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire." Former Louisiana State University fire instructor Kendall Ryland added, "[It] made me sick to think this guy was executed based on this investigation.... They executed this guy and they've just got no idea - at least not scientifically - if he set the fire, or if the fire was even intentionally set." Willingham was convicted of capital murder after arson investigators concluded that 20 indicators of arson led them to believe that an accelerent had been used to set three separate fires inside his home. Among the only other evidence presented by prosecutors during the the trial was testimony from jailhouse snitch Johnny E. Webb, a drug addict on psychiatric medication, who claimed Willingham had confessed to him in the county jail. Evidence discovered years after the Willingham execution showed that the prosecution had given Webb favorable treatment, then deliberately elicited perjured testimony from Webb that he had been promised and given nothing for his testimony. (The Marshall Project, August 3, 2014). Some of the jurors who convicted Willingham were troubled when told of the new case review. Juror Dorinda Brokofsky asked, "Did anybody know about this prior to his execution? Now I will have to live with this for the rest of my life. Maybe this man was innocent." Prior to the execution, Willingham's defense attorneys presented expert testimony regarding the new arson investigation to the state's highest court, as well as to Texas Governor Rick Perry. No relief was granted and Willingham was executed on February 17, 2004. Coincidentally, less than a year after Willingham's execution, arson evidence presented by some of the same experts who had appealed for relief in Willingham's case helped free Ernest Willis from Texas's death row. The experts noted that the evidence in the Willingham case was nearly identical to the evidence used to exonerate Willis. (Chicago Tribune, December 9, 2004). Carlos DeLuna Texas Conviction: 1983, Executed: 1989 A Chicago Tribune investigation released in 2006 revealed groundbreaking evidence that Texas may have executed an innocent man in 1989. The defendant, Carlos DeLuna, was executed for the fatal stabbing of Texas convenience store clerk Wanda Lopez in 1983. The evidence uncovered by reporters Maurice Possley and Steve Mills cast doubt on DeLuna’s guilt and points towards another man, Carlos Hernandez, who had a record of similar crimes and repeatedly confessed to the murder. A news piece aired on ABC’s "World News Tonight” also covered this story. The new evidence cast strong doubt on DeLuna’s guilt. This was the fourth investigation between 2004-2006 pointing to the execution of a probably innocent man. Similar questions had been raised in the cases of Cameron Todd Willingham and Ruben Cantu in Texas, and Larry Griffin in Missouri. subsequent investigation by Professor James Liebman of Columbia Law School and a team of his students in the Columbia DeLuna Project unearthed powerful evidence of DeLuna's innocence and described in detail serious problems in the prosecution's case against him. Their 2014 book, The Wrong Carlos: Anatomy of a Wrongful Execution, describes the faulty eyewitness testimony, the police's failure to investigate Carlos Hernandez, and the misrepresentations by the prosecution that "the other Carlos" DeLuna claimed committed the killing was "a phantom," while one of the prosecutors knew of Hernandez's existence and his criminal history. Hernandez and DeLuna looked so similar that their own families mistook photos of the men for each other. Moreover, Hernandez had a history of violent crimes similar to the murder for which DeLuna was executed. Professor Liebman's website for the book includes extraordinarily detailed documentation of the case, including police and witness records, trial transcripts, and photographs. 18 Years After Enacting DNA Law, Florida Death-Row Prisoners Are Still Being Denied Testing Posted: December 20, 2018 Florida courts have refused death-row prisoners access to DNA testing seventy times, denying 19 men – eight of whom have been executed – any testing at all and preventing nine others from obtaining testing of additional evidence or more advanced DNA testing after initial tests were inconclusive. For a six-part investigative series, Blood and truth: The lingering case of Tommy Zeigler and how Florida fights DNA testing, Tampa Bay Times Pulitzer-prize winning investigative journalist Leonora LaPeter Anton reviewed more than 500 cases in which Florida’s defendants were sentenced to death. Her investigation disclosed that even after Florida adopted a DNA testing law in 2001, court rulings have continued to create barriers to obtaining testing that could potentially prevent wrongful executions. “Almost 20 years later,” she wrote, “some prosecutors routinely fight DNA requests, especially in high-profile death row cases, and the courts often fail to intervene.“ According to Innocence Project of Florida executive director Seth Miller, “[i]n 2018, it is just as hard to get post-conviction DNA testing as it was before we had a post-conviction DNA testing law, and that’s completely upside down.” The investigative series focuses on the case of Tommy Zeigler (pictured), who has maintained his innocence throughout the 42 years in which he has been on Florida’s death row. On Christmas Eve in 1975, Ziegler was shot and his wife, her parents, and a man who served as Ziegler’s handyman were murdered in Ziegler’s furniture store in Winter Garden, Florida. Ziegler was charged with the murders. The Times series describes the controversial trial and questionable evidence in his case in detail. Ultimately, the jury convicted Zeigler but took less than half an hour to recommend that he be sentenced to life. The trial judge overrode their decision and sentenced Zeigler to death. Zeigler has sought DNA testing six times. In 2001, he was granted limited testing, which, Anton reports, “appeared to support his story that he was a victim of a robbery at his furniture store.” However, even though Ziegler’s lawyers have offered to defray the entire cost of DNA analysis, Florida’s courts have refused to grant him a more advanced type of DNA testing that is now routinely available in murder cases. Ziegler’s lawyers have already presented evidence discrediting some of the key prosecution witnesses and demonstrating the implausibility that Ziegler could have shot himself through the stomach to fake his own victimization. They argue that the DNA evidence would prove his innocence and, at a minimum, transform the rest of the prosecution’s case by proving that the testimony the prosecution presented was false. Twenty-eight Florida death-row prisoners have been exonerated, more than in any other state. In 90% of the more than twenty exonerations for which the jury vote is known, jurors had not unanimously recommended death and had in some cases – like Ziegler’s – recommended life. Former Republican state senator J. Alex Villalobos, who helped write Florida’s DNA statute, told Anton that the law was designed to remove doubts as to guilt and that the prisoners should be given access to DNA testing. Death Penalty Information Center executive director Robert Dunham agreed, telling the Times, “If we’re interested in the truth and interested in avoiding executing the innocent, we need to be allowing this kind of testing.” Alabama’s Use of Nitrogen Asphyxiation Still in Limbo Posted: December 19, 2018 In March 2018, Alabama enacted a new law authorizing the use of nitrogen gas as an alternative method of execution. Although lethal injection remained the primary method of execution, the law provided condemned prisoners a limited opportunity to designate nitrogen asphyxiation (hypoxia) as the means of their death. The availability of execution by nitrogen gas led to a July 2018 settlement of a federal lawsuit Alabama’s death-row prisoners had filed that had challenged the constitutionality of the state’s three-drug lethal injection protocol as constituting cruel and unusual punishment. But nine months after the law was enacted and five months after the prisoners opted for execution by lethal gas, Alabama has not yet issued a protocol explaining how it intends to conduct nitrogen-gas executions, and there are no clear indications as to when the state will do so. No state has carried out an execution through nitrogen hypoxia, although three states – Alabama, Mississippi, and Oklahoma – now authorize its use if lethal injection is held unconstitutional or determined to be unavailable. Alabama also permits its use if the prisoner selects lethal gas over lethal injection. Other forms of lethal gas, all involving a gas chamber, have been used in 11 of the 1,490 executions carried out in the United States since executions resumed in 1977. However, none of the states authorizing the use of nitrogen gas has issued a nitrogen-gas execution protocol nor have the states indicated whether they plan to construct a vacuum chamber or use some form of a death mask to administer the gas. The Alabama legislature turned to nitrogen gas as an alternative to lethal injection in response to difficulty obtaining appropriate drugs for lethal injection and a series of botched or visibly problematic lethal-injection executions using the drug midazolam. In February 2018, the execution of Doyle Lee Hamm was called off after an Alabama execution team failed for two-and-a-half hours to find a suitable vein in which to place an intravenous execution line. In October 2017, witnesses to the 35-minute execution of Torrey McNabb reportedly “expressed repeated concerns to each other that he was still conscious during the lethal injection.” Witnesses also reported that Ronald Smith heaved, coughed, clenched his left fist, and opened one eye during one 13-minute period of his 34-minute execution in December 2016. In November and December 2018, two Tennessee death-row prisoners elected to be executed in the electric chair after a medical expert reported that Billy Ray Irick had not been properly anesthetized and experienced the torturous effects of the second and third lethal-injection drugs while still conscious during a prolonged midazolam execution After a gas protocol is promulgated, it will still be subject to court challenges based upon the particular method chosen. The Alabama Department of Corrections has said it is “continuing to develop the protocol” in conjunction with the Alabama Attorney General's Office. Carlos DeLuna Texas Conviction: 1983, Executed: 1989 A Chicago Tribune investigation released in 2006 revealed groundbreaking evidence that Texas may have executed an innocent man in 1989. The defendant, Carlos DeLuna, was executed for the fatal stabbing of Texas convenience store clerk Wanda Lopez in 1983. The evidence uncovered by reporters Maurice Possley and Steve Mills cast doubt on DeLuna’s guilt and points towards another man, Carlos Hernandez, who had a record of similar crimes and repeatedly confessed to the murder. A news piece aired on ABC’s "World News Tonight” also covered this story. The new evidence cast strong doubt on DeLuna’s guilt. This was the fourth investigation between 2004-2006 pointing to the execution of a probably innocent man. Similar questions had been raised in the cases of Cameron Todd Willingham and Ruben Cantu in Texas, and Larry Griffin in Missouri. Subsequent investigation by Professor James Liebman of Columbia Law School and a team of his students in the Columbia DeLuna Project unearthed powerful evidence of DeLuna's innocence and described in detail serious problems in the prosecution's case against him. Their 2014 book, The Wrong Carlos: Anatomy of a Wrongful Execution, describes the faulty eyewitness testimony, the police's failure to investigate Carlos Hernandez, and the misrepresentations by the prosecution that "the other Carlos" DeLuna claimed committed the killing was "a phantom," while one of the prosecutors knew of Hernandez's existence and his criminal history. Hernandez and DeLuna looked so similar that their own families mistook photos of the men for each other. Moreover, Hernandez had a history of violent crimes similar to the murder for which DeLuna was executed. Professor Liebman's website for the book includes extraordinarily detailed documentation of the case, including police and witness records, trial transcripts, and photographs. See Professor James Liebman and the Columbia DeLuna Project, "The Wrong Carlos: Anatomy of a Wrongful Execution" (Columbia Universty Press, 2014) For a shorter version of Professor James Liebman's investigation, see "Los Tocayos Carlos: Anatomy of a Wrongful Execution" (2012) Ruben Cantu Texas Convicted: 1985, Executed: 1993 A two-part investigative series by the Houston Chronicle cast serious doubt on the guilt of a Texas man who was executed in 1993. Ruben Cantu had persistently proclaimed his innocence and was only 17 when he was charged with capital murder for the shooting death of a San Antonio man during an attempted robbery. Now, the prosecutor and the jury forewoman have expressed doubts about the case. Moreover, both a key eyewitness in the state's case against Cantu and Cantu's co-defendant have come forward to say that Texas executed an innocent man. Juan Moreno, who was wounded during the attempted robbery and was a key eyewitness in the case against Cantu, now says that it was not Cantu who shot him and that he only identified Cantu as the shooter because he felt pressured and was afraid of the authorities. Moreno said that he twice told police that Cantu was not his assailant, but that the authorities continued to pressure him to identify Cantu as the shooter after Cantu was involved in an unrelated wounding of a police officer. "The police were sure it was (Cantu) because he had hurt a police officer. They told me they were certain it was him, and that's why I testified. . . . That was bad to blame someone that was not there," Moreno told the Chronicle. In addition, David Garza, Cantu's co-defendant during his 1985 trial, recently signed a sworn affidavit saying that he allowed Cantu to be accused and executed even though he wasn't with him on the night of the killing. Garza stated, "Part of me died when he died. You've got a 17-year-old who went to his grave for something he did not do. Texas murdered an innocent person." Sam D. Millsap, Jr., the Bexar County District Attorney who charged Cantu with capital murder, said he never should have sought the death penalty in a case based on testimony from an eyewitness who identified a suspect only after police showed him Cantu's photo three seperate times. Miriam Ward, forewoman of the jury that convicted Cantu, said the jury's decision was the best they could do based on the information presented during the trial. She noted, "With a little extra work, a little extra effort, maybe we'd have gotten the right information. The bottom line is, an innocent person was put to death for it. We all have our finger in that." (Houston Chronicle, November 20 & 21, 2005 and Associated Press, November 21, 2005). Read "Did Texas Execute An Innocent Man?" by Lise Olsen, Houston Chronicle (2005) Watch "Did Texas Execute Innocent Men?" - Dan Rather Reports reveals new details surrounding two capital murder cases in Texas - leading to the executions of Ruben Cantu and Carlos De Luna that may have occurred as the result of flawed evidence (September 2007). UPDATE: Bexar County District Attorney Susan Reed issued a report in 2007 finding that Ruben Cantu was guilty of the crime for which Texas executed him in 1993. However, critics have noted that Reed was formerly a judge who handled Cantu's appeal and set his execution date, raising a conflict of interest in conducing an investigation of his guilt. For more information see: "Report Fails to Erase Doubt that Texas Executed an Innocent Man." Larry Griffin Missouri Conviction: 1981, Executed: 1995 A year-long investigation by the NAACP Legal Defense and Educational Fund has uncovered evidence that Larry Griffin may have been innocent of the crime for which he was executed by the state of Missouri on June 21, 1995. Griffin maintained his innocence until his death, and investigators say his case is the strongest demonstration yet of an execution of an innocent man. The report notes that a man injured in the same drive-by shooting that claimed the life of Quintin Moss says Griffin was not involved in the crime, and the first police officer on the scene has given a new account that undermines the trial testimony of the only witness who identified Griffin as the murderer. Based on its findings, the NAACP has supplied the prosecution with the names of three men it suspects committed the crime, and all three of the suspects are currently in jail for other murders. Prosecutor Jennifer Joyce said she has reopened the investigation and will conduct a comprehensive review of the case over the next few months. "There is no real doubt that we have an innocent person. If we could go to trial on this case, if there was a forum where we could take this to trial, we would win hands down," stated University of Michigan law professor Samuel Gross, who supervised the investigation into Griffin's case. (St. Louis Post-Dispatch, July 11, 2005). UPDATE: On July 12, 2007 the St. Louis Circuit Attorney concluded that Larry Griffin was guilty after an extensive review. Gary Graham Texas Convicted: 1981, Executed: 2000 On June 23, 2000, Gary Graham was executed in Texas, despite claims that he was innocent. Graham was 17 when he was charged with the 1981 robbery and shooting of Bobby Lambert outside a Houston supermarket. He was convicted primarily on the testimony of one witness, Bernadine Skillern, who said she saw the killer's face for a few seconds through her car windshield, from a distance of 30-40 feet away. Two other witnesses, both who worked at the grocery store and said they got a good look at the assailant, said Graham was not the killer but were never interviewed by Graham's court appointed attorney, Ronald Mock, and were not called to testify at trial. Three of the jurors who voted to convict Graham signed affidavits saying they would have voted differently had all of the evidence been available. In Illinois in 1893, Governor Peter Altgeld pardoned three of the Haymarket defendants, six years after four of their co-defendants had been hanged. An eighth defendant had taken his own life on the eve of his scheduled execution. Altgeld issued the pardons because all eight "had been wrongfully convicted and were innocent of the crime . . . ." P. AVRICH, THE HAYMARKET TRAGEDY 423 (1984). In Massachusetts in 1977 (on the 50th anniversary of their executions), Gov. Michael Dukakis apologized for the massive due process violations in the case of Sacco and Vanzetti. In 1987, Nebraska Governor Bob Kerry pardoned William Jackson, who had been hanged exactly 100 years earlier in Beatrice for the murder of a man who later turned up alive. In Maryland in 2001, Governor Paris Glendening issued a pardon to John Snowden, a Black man who was hanged in 1919 for the rape and murder of the wife of a prominent White businessman. Two key trial witnesses had recanted their testimony and before the hanging, eleven of the twelve jurors had pled for mercy. In 2009, South Carolina pardoned two African-American men, Thomas and Meeks Griffin, who had been electrocuted in 1915 for murdering a white Confederate War veteran. They were convicted on the perjured testimony of the actual murderer, who falsely fingered the men to save himself from the executioner. Colorado Governor Grants Unconditional Pardon Based on Innocence to Inmate Who Was Executed On January 7, 2011, Colorado Governor Bill Ritter granted a full and unconditional posthumous pardon to Joe Arridy, who had been convicted and executed as an accomplice to a murder that occurred in 1936. The pardon came 72 years after Arridy’s execution and is the first such pardon in Colorado history. A press release from the governor's office stated, "[A]n overwhelming body of evidence indicates the 23-year-old Arridy was innocent, including false and coerced confessions, the likelihood that Arridy was not in Pueblo at the time of the killing, and an admission of guilt by someone else." The governor also pointed to Arridy's intellectual disabilities. He had an IQ of 46 and functioned like a toddler. The governor said, “Granting a posthumous pardon is an extraordinary remedy. But the tragic conviction of Mr. Arridy and his subsequent execution on Jan. 6, 1939, merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed, and his severe mental disability at the time of his trial and execution. Pardoning Mr. Arridy cannot undo this tragic event in Colorado history. It is in the interests of justice and simple decency, however, to restore his good name.” The governor's press release gives significant credit to Mr. Arridy's attorney, David Martinez: "The request for Arridy’s pardon was brought to Gov. Ritter by local attorney David A. Martinez, who has spent years researching the case." ("72 Years after Execution, a Posthumous Pardon," 9News.com, January 8, 2011). Read Gov. Ritter's statement of pardon. See Innocence, Clemency, and Intellectual Disabilitiy. South Carolina Pair Exonerated 94 Years After Execution - The South Carolina Department of Probation, Parole and Pardon Services voted 7-0 to pardon Thomas Griffin and Meeks Griffin for the 1913 murder of former Confederate Army veteran John Q . Lewis. The pair were executed in 1915 for the murder after another man, Monk Stephenson, plead guilty and received a life sentence in exchange for implicating the Griffins. "Stevenson later told a fellow inmate that he had implicated the Griffin brothers because he believed they were wealthy enough to pay for legal counsel, and as such would be acquitted," said legal historian Paul Finkelman. Two others, Nelson Brice and John Crosby, were also executed for the crime. The pair were great uncles of nationally syndicated radio show host Tom Joyner. "It's good for the community. It's good for the nation. Anytime that you can repair racism in this country is a step forward," Joyner said. (CNN.com, October 15, 2009). See also Race and Innocence. Georgia Board to Pardon Woman 60 Years After Her Execution - The Georgia Board of Pardons and Paroles in August 2005 issued a formal pardon for Lena Baker (pictured), the only woman executed in the state during the 20th century. The document, signed by all five of the current board members, will note that the parole board's 1945 decision to deny Baker clemency and allow her execution was "a grievous error, as this case called out for mercy." Baker, an African American, was executed for the murder of Ernest Knight, a white man who hired her . Baker was tried, convicted, and sentenced to die in one day by an all-white, all-male jury. Baker claimed she shot Knight in self-defense after he locked her in his gristmill and threatened her with a metal pipe. The pardon notes that Baker "could have been charged with voluntary manslaughter, rather than murder, for the death of E.B. Knight." The average sentence for voluntary manslaughter is 15 years in prison. Baker's picture and her last words are currently displayed near the retired electric chair at a museum at Georgia State Prison in Reidsville. (Atlanta Journal-Constitution, August 16, 2005). See Race, Clemency and Women. THIS CRAP IS POSSIBLE ONLY IN AMERICA. GETTING PARDON 100 YEARS AFTER EXECUTION, F U. THAT'S BECAUSE ALL GUILTY PARTIES WHO MADE THE MISTAKE OF EXECUTING THE INNOCENT R DEAD!