Retiring Arizona Prison Watch...


This site was originally started in July 2009 as an independent endeavor to monitor conditions in Arizona's criminal justice system, as well as offer some critical analysis of the prison industrial complex from a prison abolitionist/anarchist's perspective. It was begun in the aftermath of the death of Marcia Powell, a 48 year old AZ state prisoner who was left in an outdoor cage in the desert sun for over four hours while on a 10-minute suicide watch. That was at ASPC-Perryville, in Goodyear, AZ, in May 2009.

Marcia, a seriously mentally ill woman with a meth habit sentenced to the minimum mandatory 27 months in prison for prostitution was already deemed by society as disposable. She was therefore easily ignored by numerous prison officers as she pleaded for water and relief from the sun for four hours. She was ultimately found collapsed in her own feces, with second degree burns on her body, her organs failing, and her body exceeding the 108 degrees the thermometer would record. 16 officers and staff were disciplined for her death, but no one was ever prosecuted for her homicide. Her story is here.

Marcia's death and this blog compelled me to work for the next 5 1/2 years to document and challenge the prison industrial complex in AZ, most specifically as manifested in the Arizona Department of Corrections. I corresponded with over 1,000 prisoners in that time, as well as many of their loved ones, offering all what resources I could find for fighting the AZ DOC themselves - most regarding their health or matters of personal safety.

I also began to work with the survivors of prison violence, as I often heard from the loved ones of the dead, and learned their stories. During that time I memorialized the Ghosts of Jan Brewer - state prisoners under her regime who were lost to neglect, suicide or violence - across the city's sidewalks in large chalk murals. Some of that art is here.

In November 2014 I left Phoenix abruptly to care for my family. By early 2015 I was no longer keeping up this blog site, save occasional posts about a young prisoner in solitary confinement in Arpaio's jail. I'm deeply grateful to the prisoners who educated, confided in, and encouraged me throughout the years I did this work. My life has been made all the more rich and meaningful by their engagement.

I've linked to some posts about advocating for state prisoner health and safety to the right, as well as other resources for families and friends.

until all are free -

MARGARET J PLEWS (June 1, 2015)
arizonaprisonwatch@gmail.com



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Showing posts with label execution. Show all posts
Showing posts with label execution. Show all posts

Thursday, July 24, 2014

Journalist Keifer witnesses Wood's execution; urges independent inquiry.

Very thorough coverage of the botched execution of Joseph Wood, which was witnessed by AZ Republic journalist Michael Keifer, as well as the family of Joseph Wood's victims, who I do feel for. Both have something to say about the execution in the video clip below.

I have no idea why Jan Brewer continues to employ Director Charles Ryan at the AZ Department of Corrections. Those prisoners of his who are in for minor offenses are being beaten and killed by gangs - effectively punished with death - while  the condemned are being medically tortured. The last condemned Arizona prisoner who died succumbed to untreated throat cancer before he could be executed...he might have preferred the drug cocktail instead. Three men on death row committed suicide last year, as well

Hmm. Yes, I must say that all is certainly not well on Arizona's Death Row.

Meanwhile Debra Milke was released from death row at ASPC-Perryville last year when her conviction was overturned after 23 years of imprisonment. That was due to evidence that she was convicted on testimony of a dirty, lying cop who likely perjured himself saying she confessed to having her son murdered when he interrogated her. Guess it's a good thing that we hadn't yet gotten around to killing her before we made absolutely sure she was prosecuted justly...


 ---------------------------------

Execution of Arizona murderer takes nearly 2 hours

Bob Ortega, Michael Kiefer and Mariana Dale, 

The Republic | azcentral.com  

12:24 a.m. MST July 24, 2014





The controversial drug that Arizona used to execute double-murderer Joseph Rudolph Wood on Wednesday took nearly two hours to kill him and left him snorting and gasping for breath. One reporter who witnessed the execution, Troy Hayden of Fox 10 News, said it was "very disturbing to watch ... like a fish on shore gulping for air. At a certain point, you wondered whether he was ever going to die." State officials and the victims' families, however, took issue with other witness descriptions, saying that Wood was not conscious after the first few minutes and that the noises he made sounded like snoring.

The drawn-out execution — most take about 10 minutes — quickly drew international attention and criticism, spurring calls for a moratorium on executions and putting Arizona front and center in the contentious debate over lethal-injection drugs.

RELATED: Emergency motion for stay

The process at the state prison in Florence began about 1:30 p.m. Wednesday and dragged on long enough that, more than an hour after the execution started, Dale Baich of the Federal Public Defender's Office sent two other lawyers out to file an emergency motion asking the 9th U.S. Circuit Court of Appeals to halt it, saying it violated Wood's Eighth Amendment right against cruel and unusual punishment. The motion noted that Wood "has been gasping and snorting for more than an hour" after being injected with a lethal cocktail of drugs.

Wood died before the appeals court responded.

Arizona Attorney General Tom Horne declined to comment. His spokeswoman, Stephanie Grisham, disputed that Wood snorted or gasped for air. "He went to sleep and appeared to be snoring," she said. "This was my first execution, and I was surprised at how peaceful it was."

Wood was sentenced to death for the 1989 murders of his ex-girlfriend, Debra Dietz, and her father, Eugene Dietz.

The victims' family members said the media were wrong to focus on the execution method rather than on the victims. "Everybody here said it was excruciating," said Jeanne Brown, Debra Dietz's sister. "You don't know what excruciating is. Seeing your dad lying there in a pool of blood, seeing your sister lying there in a pool of blood, that's excruciating."

Her husband, Richard Brown, who said he witnessed the murders, said, "What I've seen today, you guys are blowing this all out of proportion about these drugs.

"Why didn't we give him a bullet? Why didn't we give him some Drano? These people that are on death row, they deserve to suffer a little bit."

Across the country, a majority of Americans support the death penalty, but that support appears to be waning.

A 2013 Pew Research Center survey indicated that 55 percent of U.S. adults favor the practice, while 37 percent oppose it, a big drop from two years earlier, when 62 percent said they favored the death penalty for murder convictions and 31 percent opposed it.

Wednesday's execution began at 1:53 p.m., after Wood's last words, in which he thanked his attorneys, said he had found Christ and concluded, "May God forgive all of you."

According to Arizona Republic reporter Michael Kiefer, who witnessed the execution, lines were run into each of Wood's arms. Wood was unconscious by 1:57 p.m. At about 2:05, he started gasping, Kiefer said.
"I counted about 640 times he gasped," Kiefer said. "That petered out by 3:33. The death was called at 3:49. ... I just know it was not efficient. It took a long time."

The length of the process drew swift condemnation from death-penalty critics.

"The worst part about Joseph Wood's botched execution was, it was entirely predictable and avoidable," Diann Rust-Tierney, executive director of the National Coalition To Abolish the Death Penalty, said in a statement noting that the same combination of drugs had been used in a problematic execution in Ohio earlier this year.

That was echoed by the Arizona director of the American Civil Liberties Union.

"Arizona had clear warnings from Ohio and Oklahoma," said Alessandra Soler, executive director of the ACLU of Arizona, calling for a moratorium on executions. "Instead of ensuring that a similar outcome was avoided here, our state officials cloaked the plans for Mr. Wood's death in secrecy."
The latest petition initially was filed in Pima County Superior Court after a federal appellate court's stay was lifted Tuesday by the U.S. Supreme Court. It argued that Wood had ineffective assistance of counsel during his trial, and also challenged Arizona's lethal-injection protocol and the drug cocktail used in executions.
Pima County Superior Court Judge Kenneth Lee dismissed Wood's first argument, but sent the question of Arizona's lethal-injection protocol to the state high court.

On Tuesday, the U.S. Supreme Court had upheld Arizona's veil of secrecy around its lethal-injection drugs, permitting plans for the execution to proceed.

The high-court ruling knocked down a federal appeals court decision that the execution could not move forward unless the state turned over information about how the execution would be carried out.

Executions are public events. But in recent years, many states that still have capital punishment, including Arizona, have passed or expanded laws that shroud the procedures in secrecy.

The Arizona Department of Corrections planned to use a controversial drug, and it favors a controversial method of administering it, so Wood's attorneys demanded to know the qualifications of the executioners and the origin of the drugs to be used in the execution, claiming that Wood had a First Amendment right to the information.

On Saturday, the 9th U.S. Circuit Court of Appeals agreed.

The state appealed to the U.S. Supreme Court, which lifted the stay without addressing the First Amendment issue.

State officials said in court filings that they need to maintain secrecy because publicity has made it more difficult to obtain the drugs needed to carry out executions.

Drug manufacturers have begun refusing to sell to departments of corrections, forcing the departments to experiment with new and less reliable drugs or to specially order them from compounding pharmacies, which in turn are harassed by anti-death-penalty activists.

"Prisoners who are sentenced to death for their crimes have every right to know what drugs are going to be used," said Stephanie Grisham, a spokeswoman for Arizona Attorney General Tom Horne, "but it would be a bad matter of policy if the manufacturer of these drugs were identified. The very reason we have a new drug protocol is because of the pressure and threats applied to the companies ... forcing them to stop making it."

It was not the first time the Supreme Court has ruled against a stay of execution based on drug secrecy. In 2010, it ruled against an Arizona prisoner asserting his right to know about lethal-injection drugs that turned out to have been improperly obtained from overseas.

The U.S. District and Circuit Courts in Washington, D.C., later determined federal law had been violated, which the Arizona Attorney General's Office denies.

"In most respects, what Mr. Wood is asking for is quite small," said Megan McCracken, a former federal defender who works with the University of California-Berkeley Death Penalty Clinic. "I think they don't want to set precedent about giving out information, and they don't want to come under scrutiny."

Sen. Ed Ableser, D-Tempe, called the execution barbaric and said: "This one is really on (Brewer's) shoulders. She can sign an executive order, put a stay on executions and let the Legislature find a better way to deal with violent criminals who deserve the maximum penalty, but one that is not cruel and unusual."

Dan Peitzmeyer, president of Phoenix-based Death Penalty Alternatives, said, "Actions like this might not cause us to totally repeal the death penalty. But it should sure as hell cause us to bring a moratorium to it and take a sincere look at what we're doing."

Executions by lethal injection using barbiturates such as pentobarbital more typically take about 10 minutes. But the European and American manufacturers refuse to supply it for executions. With the drug unavailable for death penalties, Arizona became the latest of four states to turn to another sedative, midazolam, first used for execution less than a year ago.

Arizona used it in combination with a narcotic, hydromorphone. Midazolam, by itself or with hydromorphone, has led to flawed, drawn-out executions in three other states.

Wood's attorneys had fought its use before the U.S. Supreme Court and then in a last-minute appeal to the Arizona Supreme Court, saying the drug was "experimental" and had not been proven to be effective.

Wood had been scheduled to die at 10a.m. Wednesday, but the state Supreme Court halted the process to consider a last-minute petition for post-conviction relief. The court lifted its temporary stay shortly before noon, clearing the way for his execution later in the day. Witnesses were told when the stay was issued to return by 1 p.m.

One day earlier, it was uncertain whether the execution would go forward. Wood's attorneys had filed for a preliminary injunction to stop the execution unless Arizona revealed where it had obtained the midazolam and divulged the qualifications of the medical team that would administer it.

In October and January, midazolam was used in executions in other states. Both times, witnesses said that the condemned prisoners appeared to gasp for breath and took longer to die than with the barbiturates that were used until they became unavailable.

And in April, an Oklahoma inmate was executed using the drug, but the medical person inserting the catheter into a groin artery completely punctured it, sending the drug into the soft tissue beneath. The man writhed in pain for more than 40 minutes before dying of an apparent heart attack.

Wood's attorneys asked for information with those incidents in mind. A U.S. District Court judge denied a stay. But on Saturday, the 9th U.S. Circuit Court of Appeals granted it, with the condition that it would be vacated if the state turned over the information. The Arizona Attorney General's Office appealed the 9th Circuit ruling and the U.S. Supreme Court threw it out Tuesday afternoon.

Wood chose not to have a special "last meal" Tuesday night, instead eating the sausage and mashed potatoes that the rest of the prisoners were served.

In 1989, Wood was living with Debra Dietz, who supported him and paid for the apartment they shared. But Wood was abusive, and after Dietz moved out of the apartment, he stalked her.

On Aug. 7, 1989, Wood became enraged when Dietz wouldn't take his calls. He went to the auto body shop where Dietz worked for her father. Eugene Dietz was on the phone when Wood reached the body shop; Wood waited for him to hang up and then shot him in the chest without saying a word.

Wood then hunted down Debra Dietz and shot her twice in the chest.

Megan Finnerty and Megan Cassidy contributed to this article.


Tuesday, July 1, 2014

Execution by Deliberate Indifference: Killing Robert W. Murray.

UPDATED JULY 1 2014: There's nothing new about this, sadly - the AZ DOC has been executing prisoners all along by way of failing to treat their critical  medical and psychiatric conditions. Three death row prisoners in just over  a year have also committed suicide...





You must be a subscriber to see Gary Grado's newest article at the Capitol Times  about the above notice of Robert Murray's death -  if you can afford it,  check it out. Below is the original piece on Murray's cancer last fall, also by Grado, along with my post at the time. Not sure anything more needs to be said, except condolences to anyone who might have cared about this prisoner, as well as to the loved ones of his victims, for whom this will be an emotional time as well. 


----------------

SOS from Arizona's living dead: 
Deliberate indifference to life on death row
(originally posted to arizonaprisonwatch.org on September 26, 2013 7am)


 one of many letters received at AZ Prison Watch re: 
prisoner frustration over difficulty accessing medical care.

A big thanks goes out to Gary Grado at the AZ Capitol Times for interviewing this prisoner, and to the publication for making this particular article accessible to non-subscribers. Prisoners don't make sympathetic news subjects - especially not those on death row. A lot of folks would just as soon let Murray die of throat cancer untreated, in favor of putting those health care resources into the community (as if the state would actually re-direct "savings" there, instead of into the private pockets of profiteers). 

All I can say is that withholding medical care from Murray because the state plans to kill him anyway is akin to choosing to execute him by applying acid to his throat in small doses over the course of  9 months or so, letting it eat slowly away at his ability to  swallow, speak, and breathe, knowing this will not only kill him, but will make him suffer horribly as he dies. This has nothing to do with one's feeling about the death penalty - it's a question of whether or not you are for the constitution and against torture. If you believe in the rule of law, and that we should not torture our prisoners, then you have to support the provision of a basic standard of medical and mental health care to them.

The other thing is that prisoner health IS public health, and if we don't treat them inside, they come out with high rates of chronic illness, infectious disease, psychiatric disability, and so on. The imprisoned population is especially high-risk, medically, and many live marginally once back in the community, where they are more likely to lack access to health care than most non-felons. In prison they're frequently exposed to things like Hepatitis C (at least 40% of prisoners are believed to be infected), but as a captive patient population, they would be more likely than not to follow up on treatments and regimens that lower their mortality and long term health risks considerably, if their dietary plans and health care provider will offer them.

But that's not what appears to be happening. Deliberate indifference to human suffering is the absolute worst cancer there is in a society, and it's metasticized from the head of the AZ DOC to the agency's extremities. I hear stories like Murray's all the time, sadly - and it's not just the guys on death row. Remember Benny Joe Roseland? I've written to him a few times, but haven't heard back from him since writing that post. DOC says he's still alive, but that's all I can get from them.

Furthermore, as Dan Pochoda points out below, how we treat our prisoners says a lot about our society. The conditions in Arizona's prisons - from the medical neglect to the prevalence of heroin, the dominance of criminal gangs, and the rampant racialized violence - are among the worst in the country. There was a brief spell of progressive vision a the AZ DOC while Dora Schriro was director, under then-governor Janet Napolitano, but she was often mocked as being a "thug-hugger" for favoring rehabilitative programs over punishments, and her efforts were frequently undermined by the Good Old Boys network of DOC administrators and officers.

According to prisoners and former employees, things at the AZ DOC got dramatically worse as soon as Jan Brewer became governor, bringing Charles Ryan out of retirement to be her chief disciplinarian at the AZ DOC. The culture of contempt for prisoners and human rights that permeates that institution has actually been decades in the making, much of it under the direction of the younger Chuck Ryan, so all the bad stuff began to flourish again once he took over the reins there. 

I don't understand that man at all, I have to say. He's spent his career climbing that ladder, but now there, he appears to have utterly ceded control of his prisons to the gangs and profiteers - either that, or he's knowingly and intelligently aiding and abetting them. In either case,  his directorship  should be an embarassment to the Governor's office - for some reason Jan still stands by her man, though. 

Check out the other work the Capitol Times has been doing on the prison system here. If you're a subscriber, this is a pretty good piece that just came out about the class action lawsuit over health care, also by Gary Grado:

Exhibit in class-action lawsuit details failings of prison health system



-------from the AZ Capitol Times (9/16/13)--------

Prison ordeal

Death row inmate struggles with cancer

By Gary Grado

Published: September 16, 2013 at 8:41 am


A lab discovered death-row inmate Robert Murray had cancer the same day a Scottsdale surgeon removed his tonsils, but his disease went unknown to him and untreated for seven more months.

As Murray, 48, and his lawyers try to figure out what went wrong with his medical treatment, one thing is certain. The breakdown coincided with the turmoil surrounding the Department of Corrections’ transition to a private health care provider for Arizona prisoners, and his situation didn’t improve after the first company parted ways with DOC and a new company came under contract.

Murray endured long, painful delays between doctor’s appointments, a misdiagnosis, and a time in which blood from a burst abscess on his tonsil gushed from his mouth. He came to learn he had cancer when the surgeon he hadn’t seen in months asked him if he was finished with radiation to treat the illness, a treatment he never had.

Despite the delays, the cancer didn’t spread. Murray said an oncologist told him that although the situation could have become grave, he should have a full recovery with proper treatment.

“It was prayer, luck it just didn’t explode like it could have,” Murray said in a 21-minute interview from death row in Arizona State Prison Complex-Florence, where he’s been locked up since October 1992.

Such allegations aren’t unusual. A class-action lawsuit alleging DOC has provided inadequate health care for years offers other medical horror stories. And a suit recently filed by the survivors of an inmate who died in October 2012 alleges employees of Wexford Health Sources Inc. of Pittsburgh refused to treat him while he convulsed on the floor. Wexford is a company that provides prisoner health care in Arizona and elsewhere.

“We get weekly at least one letter that is equivalent, literally, to this fellow on death row,” said Dan Pochoda, the legal director for ACLU-Arizona.

Pochoda is one of more than 20 lawyers involved in the class action suit. He said the medical hardships of prisoners don’t resonate with the public, but they should because the state has a heavy obligation to provide adequate health care once it takes control of someone’s life.

“To paraphrase Dostoevsky, the test of a society is how they treat persons in prison,” Pochoda said.

Pleas for help

Murray and his brother, Roger Murray, are on death row for convictions in the May 14, 1991, robbery and murders of Dean Morrison, 65, and Jacqueline Appelhans, 60, at their store in Grasshopper Junction in Mohave County.

Morrison and Appelhans were found face down in their bathrobes, shot several times each in the head with shotguns and handguns. Appelhans was clutching Morrison’s arm.

Murray wrote a book titled “Life on Death Row” in which he denied committing the murders.

He has contended with an assortment of health problems during his 21 years in prison, and it was during an examination in February 2012 that he first complained of a lump in his throat.

Murray’s tonsils were becoming swollen and sore by April 2012, which was one of the final months that DOC provided medical care. Murray saw a DOC doctor in May and was diagnosed with an infected tonsil and given antibiotics.

Just days before his appointment, DOC and Wexford Health Solutions announced the company had been awarded a five-year contract to provide onsite medical, dental, pharmacy and mental health care, as well as the administration of third-party services.

Murray claims in a nine-page affidavit that the antibiotics had no effect and his many requests over the next month to see a doctor went unfulfilled as the swelling worsened and swallowing became difficult.

“His neck and face were visibly deformed,” said Murray’s attorney, Jennifer Garcia, a deputy federal public defender.

Wexford took over on July 1, 2012, and the company informed Murray he was on a waiting list to see a doctor, even as he continued to submit medical requests pleading for help.

“At least once during this period I overheard RX delivery nurses state that ‘Wexford has no available doctors for (the infirmary),’” Murray wrote.

In a Cure Notification, a letter to Wexford to outline how it wasn’t complying with the contract, DOC said the company’s staffing shortage created “inappropriate scheduling gaps in on-site medical coverage.”

In his requests to see a doctor, Murray writes about shooting pains in his ear, choking and coughing and difficulty breathing. He saw a nurse practitioner on July 20, 2012, who became alarmed by his condition and prescribed “magic mouthwash,” a formula of various medicines used to treat ulcers in the mouth.
Four days later the abscess burst.

“A warm fluid gushed into my mouth, I thought I may be vomiting and hurried to my sink,” he wrote.

He was rushed to the hospital, but he didn’t see a surgeon until September and wasn’t on the operating table until Nov. 19, 2012.

DOC, meanwhile, was already unhappy with Wexford’s performance, stating in the Cure Notification that the company was inadequately staffed, administered medication incorrectly, inconsistently and incompletely, and lacked a sense of urgency in addressing crisis situations.

DOC referred to several incidents in which it said Wexford did not comply with the terms of the contract, including not giving medication to a mentally ill inmate who hanged himself and a nurse who contaminated diabetes insulin with syringe tainted with Hepatitis C and continued to inject inmates with it.

Wexford responded with a letter of its own explaining that “the majority of the problems Wexford now faces are long-standing issues, embedded into (DOC) health care policy and philosophy, and which existed well before Wexford Health Sources assumed responsibility of the program.”

Wexford also alleged that DOC kept key information hidden during the procurement process.

An aggressive form of cancer

Dr. Joel Cohen of the Allergy Ear Nose and Throat Center in Scottsdale removed Murray’s tonsils on Nov. 19 and sent them to a nearby lab. The lab confirmed he had cancer and phoned the results to Cohen the next day, according to the pathology report.

Dr. Sun Yi, a University of Arizona professor who specializes in cancers of the head and neck, said that after diagnosis, blood work and scans would be done to determine the severity, or stage, of the cancer, a process that generally takes a few months.

From there, the patient would be referred to various oncologists.

“With malignancy, the more time you wait the more time the tumor has to continue to populate and grow,” said Yi, who is not involved in the case. “The worst case scenario is the cat’s out of the bag situation where it metastasizes and becomes phase four and for most cancers incurable at that point.”

Yi said cancer in the throat is extremely aggressive.

There are no records of any of the steps Yi described in Murray’s medical file.

Murray said Cohen wanted to see him 14 to 21 days after the surgery, but “ADOC-Wexford failed to take action.”

Cohen said he reported the cancer by telephone to a doctor at DOC on Nov. 20, 2012, and recommended treatment.

The doctor said he regularly treats prisoners and he understands there are all sorts of prison protocol that must be followed for each visit. He typically wants to see a patient for post-operative visit in 10 to 14 days.

“The prisoners can’t always come back when they’re told to come back,” Cohen said.

He said it is not his responsibility to prescribe the cancer treatment.

A spokesman for DOC and spokeswoman for Wexford declined to comment for this story. The agency and company agreed Jan. 30 to end the contract and DOC signed a new one with St. Louis-based Corizon Health Inc., which took over services on March 4.

Murray’s throat was still irritated and swollen in the meantime, and he got an appointment with Cohen on May 14.

“He’s talking to Corizon all the time about this problem and no one seems to be addressing them for months either,” Garcia said. “It doesn’t seem to me things have been measurably better under Corizon.”

Murray said Cohen asked him about his radiation treatment, which he never had, but the doctor still didn’t tell him about the cancer.

Records indicate Murray was prescribed radiation and a CT scan that day, but there is nothing in the record explaining why. When Murray returned to the doctor’s office on June 7 he saw Lee, Cohen’s associate.

“He said, ‘You have cancer, you didn’t know,’” Murray said. “It was kind of an astounding moment, surreal.

I kind of expected something was not right.”

Ray Norris, a medical malpractice attorney with the firm Gallagher and Kennedy, said medical negligence is determined by whether a doctor fell below the standard of care.

Norris, who is not involved in Murray’s case, said standard of care is measured by what an ordinary, prudent, and reasonable health care provider would do under the same circumstance.

“If there was a breach of the standard of care, the question then becomes causation, or in other words, what difference did it make,” Norris said.

Murray’s theory is he thinks Cohen expected him to return for a follow up visit within a few weeks and was going to inform him then about the cancer, but when Wexford failed to schedule the appointment Cohen never followed up. “I think it was probably just an accident, but an accident can be easily overlooked,” Murray said.

Murray is still undergoing treatment, and while it isn’t going at the pace he would prefer, he said he’s been assured it is normal pace for treating such a cancer. He said he is still considering his options on filing a lawsuit and looking for a civil lawyer.

Health Decline

May 2012: Inmate Robert Murray diagnosed with possible infected tonsils and given antibiotics. Wexford Health Solutions is awarded $349 million contract to provide health services to Arizona prisoners.

June 2012: Swelling in neck worsens.

July 1, 2012: Wexford takes over medical services.

July 24, 2012: Abscess in neck bursts and Murray rushed to hospital.

Aug. 17, 2012:  In an incident not related to Murray, Wexford nurses are accused of improperly administer medication by making inmates lick powdered medication from hands.

Aug. 23, 2012: Mentally ill inmate who didn’t receive psychiatric medication for weeks found hanged in cell.

Aug. 27, 2012: Wexford nurse allegedly contaminates diabetes insulin with syringe tainted with Hepatitis C.

Sept. 21, 2012: Arizona Department of Corrections informs Wexford of assorted contract breaches.

Nov. 19, 2012: Murray, whose face is deformed from swelling, undergoes tonsillectomy and lab results show he has cancer.

January 2013: Murray’s requests for follow up with surgeon unfulfilled, problems and pain with neck persist. Wexford and DOC agree to cancel contract. Corizon becomes new contractor.

June 7, 2013: Murray informed he has cancer that went untreated for seven months.

Friday, September 6, 2013

Prosecuting Innocence: Condemned Debra Milke finally free!

 This woman has been punished long enough, I think, for something she quite possibly didn't even do. Arizona's prosecutors should stuff their politics for once, and let the woman be. This is one really good reason why we shouldn't be so quick to believe the cops' version of things and execute people willy nilly.

The following clip is for those of you still eager to see a woman get executed, though, since so many Arizonan's are disappointed now. The movie is Dancer in the Dark. Enjoy.
 


For those of you who find executing human beings offensive, on the other hand, please come to a legislative summit on the death penalty in Arizona, which is second only to Texas in the number of prisoners we executed last year. 

Here is the flyer

Legislative Summit
 Death Penalty Alternatives for Arizona
AZ Senate Building , Hearing Room 1  
(1700 W, Washington St. Phoenix)
September 13th at 9am 

------------------------------

Debra Milke, Arizona woman who had murder conviction tossed, freed



By Greg Botelho, CNN

updated 6:18 PM EDT, Fri September 6, 2013
 
(CNN) -- For the first time in well over (two decades) -- and in the months since a federal judge overturned her murder conviction -- Debra Milke is free.

A short time after the Maricopa County Sheriff's Office indicated she'd be leaving, video showed someone who appeared to be Milke being driven away Friday from the Lower Buckeye Jail in Phoenix. Sheriff's office spokesman Brandon Jones subsequently confirmed that Milke had been released.

Even though she's no longer behind bars -- leaving the jail without addressing reporters -- Milke's legal ordeal may not be over.

Arizona Attorney General Tom Horne said in March that his office would appeal to the U.S. Supreme Court the judge's decision to toss her conviction and the death sentence that went with it.

9th U.S. Circuit Court of Appeals' Chief Judge Alex Kozinski ruled this spring that Milke did not receive a fair trial.

Milke still faces charges and was released on bond pending the possibility of a retrial.


Milke's legal team will at some point address the media about their client's release, though it's not known when, said one of the lawyers, Lori Voepel.

A jury convicted Milke of murder, conspiracy to commit murder, child abuse and kidnapping on October 12, 1990, less than a year after her 4-year-old son was found dead. She was sentenced to death a few months later.

A day after seeing Santa Claus at a mall, young Christopher Milke asked his mother if he could go again. 
That was the plan, she said, when the boy got into the car with Milke's roommate, James Styers.

Styers picked up a friend, "but instead of heading to the mall, the two men drove the boy out of town to a secluded ravine, where Styers shot Christopher three times in the head," according to Kozinski's summary of the case. Styers was convicted of first-degree murder in the boy's killing and sentenced to death.

During her trial, "no ... witnesses or direct evidence (linked) Milke to the crime" other than Phoenix police Detective Armando Saldate Jr., according to Kozinski.

The detective questioned Milke -- an interrogation that wasn't recorded or seen by anyone else -- and later claimed she'd confessed to her role in the murder conspiracy, saying it was a "bad judgment call."

But Milke offered a vastly different view of the interrogation and denied that she had admitted to any role in a murder plot.

"The judge and jury believed Saldate," Kozinski wrote in his March ruling overturning Milke's murder conviciton. "But they didn't know about Saldate's long history of lying under oath and other misconduct."

The judge explained that he'd made his decision because prosecutors did not disclose the "history of misconduct" of its key witness.

Unbeknown to the defense or to the jury, previous judges had tossed out four confessions or indictments because Saldate had lied under oath, among other issues.

Horne, the Arizona attorney general, has argued the woman should remain on death row, given his understanding of what happened.

"After dressing him up and telling him he was going to the mall to see Santa Claus, Milke was convicted of sending her young son off to be shot, execution style, in a desert wash," he said.

Thursday, March 14, 2013

Appeals court: Debra Milke sent to death row by police & prosecutorial misconduct.

Believe it or not, all sorts of innocent people end up in prison and on death row - especially in this state, it seems.  I heard from Arizona prisoner Eddie Sanders not long ago; he's doing life for the rape and murder of an elderly woman in Tucson at a time when there was a rash of such assaults, and can't seem to get anyone to listen to his defense, which he has tried to wage himself - check out his heartbreaking plea below. 

I don't know how to begin to help this guy - the AZ Justice Project apparently hasn't decided to pick up his case - at least, not yet. If you have any ideas or wish to spend some time helping Eddie get a reasonably fair shake, please drop Peggy Plews a note at arizonaprisonwatch@gmail.com...







 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 ------------------------------------------

Now for the good news about Debra Milke...

Debra and son Christopher

HERE'S THE ACTUAL RULING

 from CNN.com:

Arizona woman's murder conviction, death sentence overturned



By Greg Botelho, CNN

updated 7:27 PM EDT, Thu March 14, 2013


(CNN) -- After 22 years on death row, Debra Milke is close to freedom.

A jury convicted the Arizona woman, now 49, of murder, conspiracy to commit murder, child abuse and kidnapping on October 12, 1990, less than a year after her 4-year-old son was found dead.

A judge sentenced her to death a few months later.

But those convictions and the related sentence were tossed out Thursday by a federal appeals court judge. In explaining his decision, Chief Judge Alex Kozinski of the federal 9th Circuit Court of Appeals chided the prosecution for remaining "unconstitutionally silent" on the "history of misconduct" of its key witness, a Phoenix police detective.

"The Constitution requires a fair trial," Kozinski wrote. "This never happened in Milke's case."

A day after seeing Santa Claus at a mall, young Christopher Milke asked his mother if he could go again. That was the plan, she said, when the boy got into the car with Milke's roommate, James Styers.

Styers picked up a friend, "but instead of heading to the mall, the two men drove the boy out of town to a secluded ravine, where Styers shot Christoper three times in the head," according to Kozinski's summary of the case. Styers was convicted of first-degree murder in the boy's killing and sentenced to death.

The detective, Armando Saldate, said the friend told him that Debra Milke was involved in a plot to kill her son. But neither the friend nor Styers testified to that assertion in court.

In fact, "no other witnesses or direct evidence (linked) Milke to the crime" other than Saldate's testimony.
"The trial was, essentially, a swearing contest between Milke and ... Saldate," said Kozinski.

The detective testified he "didn't buy" Milke's reaction after he informed her that her son was dead. After that, Saldate said he placed Milke under arrest. In a subsequent interrogation, she confessed that her role in the murder conspiracy was a "bad judgment call," the detective said.

But Milke offered a vastly different view of the interrogation and denied that she had confessed to any role in a murder plot.

There was no recording of the interrogation, no one else was in the room or watching from a two-way mirror, and Saldate said he threw away his notes shortly after completing his report.

"The judge and jury believed Saldate," said Kozinski of the verdict and sentence. "But they didn't know about Saldate's long history of lying under oath and other misconduct."

Specifically, the judge noted that the detective had been suspended five days for taking "liberties" with a female motorist and lying about it to his supervisors; that judges had tossed out four confessions or indictments because Saldate had lied under oath; and that judges suppressed or vacated four confessions because Saldate had violated a person's constitutional rights.

"The state knew of the evidence in the personnel file and had an obligation to produce the documents," Kozinski said. "... There can be no doubt that the state failed in its constitutional obligation."

The judge ordered "the state" to turn over Saldate's personnel records to Milke's lawyers, after which "a police official" must state under oath that everything has been disclosed and nothing has been "omitted, lost or destroyed."

Once this is done, a district court must order Milke's release unless prosecutors tell the court within 30 days that they plan to retry her soon.

"In the balance hangs the life of Milke," Kozinski said, explaining the importance of his decision to overturn her convictions.

Wednesday, February 8, 2012

Bjork: The next to last song

For all those of you wishing to  witness an execution, skip Moorman and Towery: here's one worth a few minutes of your time...

 

----------------from the AZ Republic--------------------- 

3 Arizona inmates sue over execution protocol

With two executions scheduled in the next month, the Federal Public Defender's Office in Phoenix has again filed a lawsuit against the Arizona Department of Corrections over its procedure for carrying out lethal injections.

The lawsuit, filed Monday on behalf of three Arizona death row inmates by Assistant Federal Public Defender Dale Baich, claims that a new execution protocol put in place last month gives too much discretion to the state's corrections director. It suggests that the slackening of requirements in the new protocol may not pass muster with a U.S. Supreme Court decision regulating executions by lethal injection.

And the office again questions whether execution drugs purchased secretly in Britain are approved by the U.S. Food and Drug Administration.

A spokesman said the department had not yet examined the suit and could not comment on it.

In 2007, the U.S. Supreme Court upheld Kentucky's protocol for lethal injection and invited other states to challenge their own. The Kentucky protocol, in effect, became the baseline for lethal injection, and in 2009, a U.S. District Court judge in Phoenix ruled that Arizona's measured up. That ruling was upheld in the 9th U.S. Circuit Court of Appeals.

But last December, the same federal judge in Phoenix acknowledged that the DOC had frequently varied from the 2009 court-approved protocol. However, he ruled that the variances were excusable or justifiable and did not violate the rights of death-row prisoners.

Issues in the December court case were that the department consistently used a surgically implanted catheter in the groin instead of less-invasive catheters in an arm or leg to inject the chemicals; that the department had not performed adequate background checks on the executioners; and that some of the chemicals used in executions were not lawfully obtained.

In January, the DOC issued a new protocol, this time giving full discretion to director Charles Ryan on how and where the drugs are injected. It also loosens the experience needed by those people who carry out the execution and gives total authority to Ryan for their selection.

The new lawsuit claims that this may put the state out of compliance with the 2007 Supreme Court decision.
Ryan also gets to choose whether to use a barbiturate called pentobarbital or an older drug, thiopental, which is no longer available in the United States.

The federal Drug Enforcement Administration has determined that thiopental imported to Arizona for executions in 2010 and 2011 was not lawfully obtained.

Wednesday, September 21, 2011

A million hearts just shattered: the execution of Troy Davis.


Solidarity Vigil for Troy
Arizona State University Hayden Lawn
September 21. 2011




Troy Davis was murdered tonight by the state of Georgia and the US Supreme Court,

and a million hearts were shattered.

Blessings to his family, who lost the most. We will not give up this fight.



------------------


The Death of Troy Davis

Atlanta Journal Constitution
September 21, 2011

By
Andrew Cohen

The Georgia execution, carried out amid so many reasonable doubts, marks a watershed in America's grim experiment with capital punishment

In a perfect world, the execution of Troy Davis Wednesday tonight in Georgia would herald a new era in America's grim history with the death penalty. It would shake the criminal justice system out of its self-satisfied torpor and force government and the governed both to face the ugly truth about capital punishment in the United States in the twenty-first century. It would propel this question to the forefront both of the nation's political debate and the Supreme Court's docket: How many exceptions to the rule must we allow or tolerate, how many legitimate questions must linger beyond the death chamber, before we either fix the system or end the experiment?

When the state kills those whose guilt is in serious doubt, or when the state kills those to whom it has not given fair justice, it doesn't just perform an injustice upon the individual, the rule of law, and the Constitution. It also undermines the very legitimacy of the death penalty itself, for its continuing use as a sentencing option derives its civic and moral strength mostly from the fiction that it can be, and is, credibly and reliably imposed. Once our confidence in that credibility is shattered, as it should be now that Davis is gone, all that's left of the death penalty is state-sponsored retribution and the hangman's noose.

In a perfect world, the haunting execution of Troy Davis would spawn vital reforms to the clemency and parole process in states like Georgia and Texas, where such proceedings routinely make a mockery of the idea of reasoned justice. It would light a fire under local prosecutors to ensure that witnesses in capital cases are not coerced by law enforcement officials. It would cause jurors to think twice about rushing to judgments. It would force a supine Congress to reevaluate its so-called "effective death penalty" statute, which neuters legitimate post-conviction appeals. And it would at long last shame state court judges to cast off the yoke of their campaign contributors, who push them to be "tough on crime" at the expense of fealty to the Bill of Rights.

Georgia says that it has given Davis more due process than any single man would have a right to expect. Up the state appellate ladder and down again. Up to the Supreme Court and back. Hearing upon hearing. Brief upon brief. At some point, Georgia says, there has to be finality in capital cases. At some point, the justice system has to accept the work of judges and juries and impose the sentence that was initially given. There is truth to all of this. And there is both rhyme and reason to many of the rules which govern appellate law and practice in capital cases. But those rules almost always place the state's interest in finality ahead of the condemned's interest in accuracy. "Enough is enough" is a great campaign slogan -- but it's hardly a worthy motto for a civilized nation's death penalty scheme.

Here's what Davis was up against, to cite just one example. Last summer, at the request of the United States Supreme Court, U.S. District Judge William Moore held an evidentiary hearing to examine the new claims, and new evidence, presented by Davis and his attorneys. Under federal law, Judge Moore reminded the litigants and the world, Davis had the nearly insurmountable post-conviction burden of establishing by "clear and convincing evidence'' that no reasonable juror would have convicted him based upon the new evidence. Applying that standard, which flips on its head the standard applied at trial, Judge Moore unsurprisingly held that Davis had failed to meet his burden.

In a perfect world, Davis would have had his new evidence evaluated under a legal standard more tuned to ensuring the reliability and accuracy of his conviction rather than upon the timing of his execution. His case wouldn't have been shoved like so many of the rest down a sterile and formalistic legal hole forced upon the federal courts by the Clinton-era Congress. And, even if it somehow were, even if the justice system failed, Davis would have had a parole board willing to acknowledge what seems so self-evident; that an uncertain death sentence harms more than just the executed.

Last week, in an op-ed which appeared in the Atlanta Journal-Constitution, William Sessions, the former federal judge and FBI director, and a man not known for willy-nilly considerations, once again called upon Georgia to halt Davis' execution. His view of the 2010 hearing is the most accurate view I've read yet and is quite chilling. Judge Sessions wrote:

What the hearing demonstrated most conclusively was that the evidence in this case -- consisting almost entirely of conflicting stories, testimonies and statements -- is inadequate to the task of convincingly establishing either Davis' guilt or his innocence. Without DNA or other forms of physical or scientific evidence that can be objectively measured and tested, it is possible that doubts about guilt in this case will never be resolved.

Alas, the world, and the world of capital punishment in America, are far from perfect. When Georgia executed Troy Davis, despite the grave doubts cast upon his capital conviction, it wasn't just thumbing its nose at the new evidence which tends to exonerate him. It wasn't just ignoring the considered judgments of experts in criminal justice and capital cases. It wasn't just winking and nodding at the protections of the "cruel and unusual" clause of the Eighth Amendment. It was instead declaring war on all of that. It was proudly proclaiming its infidelity to a fundamental premise of American law -- that the courts, and the state, will always try their best to get things right no matter how long it takes.

Now that's he gone from the face of the earth, and whether he was guilty or not, Troy Davis will leave one of two legacies. Either his story will fade with time, as have the stories of so many other men executed under a cloud of questions about their guilt, or his story will propel meaningful change in this area of the law. His many supporters, in and out of public life, hold in their hands the ability to determine that legacy. What they could not accomplish during his lifetime they may still try to accomplish in his death; a renewed appreciation for the notion that no man, neither the high nor the low, neither the rich nor the poor, neither white nor black, deserves the lamentable injustice done this day.

This article available online at:

http://www.theatlantic.com/national/archive/2011/09/the-death-of-troy-davis/245446/

Troy Davis: Stay of Execution?

UPDATE (9/21/2011 9:35pm):

Troy's stay was denied and he was executed tonight.

Rest in Freedom, Brother Troy.


The key word is "considers", though - this isn't over yet. Show them we're ready to abolish the death penalty in America.
..Maybe we have finally evolved.

-------------------------

Troy Davis execution delayed while US supreme court considers stay

Execution of death row inmate delayed temporarily as US supreme court intervenes to consider whether to issue a stay


Ed Pilkington tweets from outside the prison in Jackson

Ten reasons why Troy Davis should not be executed



Ed Pilkington in Jackson, Georgia and agencies
guardian.co.uk, Wednesday 21 September 2011 19.24 EDT



The execution of Troy Davis was delayed temporarily on Wednesday night as the US supreme court considered a last-minute appeal just as he was due to be put to death by lethal injection.

As the first news came in at the Jackson prison that houses death row, a huge cheer erupted from a crowd of more than 500 protesters that had amassed on the other side of the road.

Davis's supporters kissed each other and threw placards which read "Not in my name" into the air.

But the jubilation was short-lived. Talk of a reprieve from the US supreme court quickly gave way to rumours of a stay, and finally the realisation that the court had only ordered a temporary delay as it considered the matter. The mood then grew more sombre as the waiting game that has now been going on for years with Davis resumed.

Until the delay it seemed almost certain that Davis would be executed. Earlier on Wednesday, Georgia's supreme court had rejected a last-ditch appeal by Davis's lawyers over the 1989 murder of off-duty policeman Mark MacPhail, for which Davis had been convicted despite overwhelming evidence that the conviction is unreliable.

A Butts County superior court judge had also declined to stop the execution.

Davis's attorneys had filed an appeal challenging ballistics evidence linking Davis to the crime, and eyewitness testimony identifying Davis as the killer.

The White House declined to comment on the case, saying: "It is not appropriate for the president of the United States to weigh in on specific cases."

At the maximum security prison in Jackson where the execution was scheduled to take place, busloads of Troy Davis supporters from his home town of Savannah came in to register their anger and despair at what they all agree is the planned judicial killing of an innocent man.

Edward DuBose, a leader of the Georgia branch of the NAACP, said it was not an execution, but a "murder".

The protest heard from Martina Correia, Davis's eldest sister, who delivered a statement from about 20 family members gathered around her. She was heavily critical of what she described as the defiance of the state of Georgia and its inability to admit that it had made a mistake.

She pointed out that the state's parole board had vowed in 2007 that no execution would take place if there was any doubt. "Every year there is more and more doubt yet still the state pushes for an execution," she said.

Correia, who has cancer, struggled to her feet in honour of her brother, just a few hours from his probable death. But she exhorted people not to give up.

"if you can get millions of people to stand up against this you can end the death penalty. We shouldn't have to live in a state that executes people when there's doubt."

DuBose gave an account of a 30-minute conversation he had with Davis on death row on Tuesday night. "Troy wanted me to let you know – keep the faith. The fight is bigger than him."

DuBose said that whether the execution went ahead or not, the fight would continue. He said Davis wants his case to set an example "that the death penalty in this country needs to end. They call it execution; we call it murder."

Hundreds of people gathered outside the prison, many wearing T-shirts that said: "I am Troy Davis". The activist Al Sharpton said: "What is facing execution tonight is not just the body of Troy Davis, but the spirit of due justice in the state of Georgia."

Larry Coz, the executive director of Amnesty in the US, which has led the international campaign for clemency, said demonstrations were happening outside US embassies in France, Mali, Hong Kong, Peru, Germany and the UK.

"We will not stop fighting until we live in a world where no state thinks it can kill innocent people."

After winning three delays since 2007, Davis lost an appeal for clemency this week when the Georgia pardons board denied his request, despite serious doubts about his guilt.

Some witnesses who testified against Davis at trial later recanted, and others who did not testify came forward to say another man did it. But a federal judge dismissed those accounts as "largely smoke and mirrors" after a hearing Davis was granted last year to argue for a new trial, which he did not win.

Davis refused a last meal. He planned to spend his final hours meeting with friends, family and supporters.

Davis has received support from hundreds of thousands of people, including a former FBI director, former president Jimmy Carter and Pope Benedict XVI.

Parliamentarians and government ministers from the Council of Europe, the EU's human rights watchdog, had earlier called for Davis's sentence to be commuted.

Renate Wohlwend of the council's parliamentary assembly said: "To carry out this irrevocable act now would be a terrible mistake, which could lead to a tragic injustice"...

Tuesday, September 20, 2011

I am Troy Davis...and I thank you all.

UPDATE (9/21/2011 9:35pm): Troy's stay was denied and he was executed tonight. Rest in Freedom, Brother Troy.


Hey all,

Troy Davis is a prisoner on Georgia's death row who they're planning to execute tomorrow, despite an overwhelming global effort to save him due to the reasonable doubt about his guilt: he couldn't even get a new trial based on the testimony that witnesses were coerced and most recanted their original statements and trial testimony
(except the other suspect, of course, who implicated Troy in the brutal murder of a cop, and walked scott free).

You'd think the police all across the country would want to see the real killer off the streets and held accountable (he's laughing at them all now), but all they want is for Troy to die - which suggests they have no interest in "justice". Apparently justice takes too much work for the DA handling his case to tackle - though he'll fight to kill this man, whatever it takes. I guess it's easier to let an innocent man die (like a sacrifice to the gods to make the world right again) than to prove another is responsible - which they could probably never get a conviction on, at this point, they've botched this all so badly.

Many people still hold out hope for Troy despite the GA Clemency Board's denial of his plea today, so
hit this site to show your support for true justice to prevail.

The following thank you with blessings and encouragement from Troy himself comes via Freedom Archives' Political Prisoner Newsletter - sign up for their list-serve.
..


---------------------------


A message from Troy Anthony Davis
September 10, 2011


Troy was found guilty of murdering a police officer 19 years ago, based upon the testimony of 9 witnesses. Today, 7 of those 9 have recanted their testimony entirely, and there are enormous problems with the testimony of the remaining 2 witness accounts. There is NO OTHER EVIDENCE. The murder weapon was never found. There is no DNA to test. Troy is scheduled to die by lethal injection on September 21, 2011.

To All:

I want to thank all of you for your efforts and dedication to Human Rights and Human Kindness, in the past year I have experienced such emotion, joy, sadness and never ending faith. It is because of all of you that I am alive today, as I look at my sister Martina I am marveled by the love she has for me and of course I worry about her and her health, but as she tells me she is the eldest and she will not back down from this fight to save my life and prove to the world that I am innocent of this terrible crime.

As I look at my mail from across the globe, from places I have never ever dreamed I would know about and people speaking languages and expressing cultures and religions I could only hope to one day see first hand. I am humbled by the emotion that fills my heart with overwhelming, overflowing Joy. I can’t even explain the insurgence of emotion I feel when I try to express the strength I draw from you all, it compounds my faith and it shows me yet again that this is not a case about the death penalty, this is not a case about Troy Davis, this is a case about Justice and the Human Spirit to see Justice prevail.

I cannot answer all of your letters but I do read them all, I cannot see you all but I can imagine your faces, I cannot hear you speak but your letters take me to the far reaches of the world, I cannot touch you physically but I feel your warmth everyday I exist.

So Thank you and remember I am in a place where execution can only destroy your physical form but because of my faith in God, my family and all of you I have been spiritually free for some time and no matter what happens in the days, weeks to come, this Movement to end the death penalty, to seek true justice, to expose a system that fails to protect the innocent must be accelerated. There are so many more Troy Davis’. This fight to end the death penalty is not won or lost through me but through our strength to move forward and save every innocent person in captivity around the globe. We need to dismantle this Unjust system city by city, state by state and country by country.

I can’t wait to Stand with you, no matter if that is in physical or spiritual form, I will one day be announcing,

“I AM TROY DAVIS, and I AM FREE!”

Never Stop Fighting for Justice and We will Win!


Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977

www.Freedomarchives.org


Questions and comments may be sent to claude@freedomarchives.org

America the executioner: lynching, racism and the death penalty.


UPDATE (9/21/2011 9:35pm):

Troy's stay was denied
and he was executed tonight.

Rest in Freedom, Brother Troy.


This seemed an appropriate article, since an African American prisoner's bid for clemency in Georgia was denied today, and he's scheduled to be executed tomorrow in front of a world of witnesses who begged for his pardon. Hit this page to learn more about Troy Davis and to advocate for true justice for both him and the white police officer he was charged with killing. His conviction was based solely on recanted testimony from witnesses who report they had been coerced and the testimony of the man others identified as the real killer (who they couldn't even get an indictment against now if they tried, after all the doubt Troy's wrongful conviction would give him - boy is he laughing at all the cops now). I guess to some folks and most states in this country, one more black man dead is as good as another - they're all interchangeable when it comes to lynchings and executions. It still teaches the rest of us the same thing: Resistance is futile (which I assert that it is not).

The small question of reasonable doubt and innocence are irrelevant, though, when those with power and privilege stand to lose a bit of one or both if our minorities get too uppity, it seems. Besides, we all know that black men (and mothers of color, for that matter) are all guilty of something anyway, they just haven't all been booked yet - right? We need to go slow and throw in a few whites for the masses to choke it all down and call it a just democracy - I think that's largely how we ended up with a black man as president (the whites and Republicans also didn't want to take the blame for the mess Bush left behind).

We're still working on keeping folks down, without a doubt, so don't worry, dear privileged few. Arizona's so scared of people of color here becoming a voting majority that we're anxiously building 5000 more for-profit prison beds to accommodate the laws ALEC is crafting in order to disenfranchise and disempower the black and brown and Indigenous among us.

On top of that, for his part, Obama seems to be as bad as George Bush - if not worse - when it comes to exploiting our instruments of justice, turning them into even more devastating tools of oppression than ever before. All this madness, of course, is in the service
of our capitalist, racist, brutal economy, which clearly still needs live sacrifices to feed on, and raw fear to keep us bound without chains. Fortunately, we each possess our own keys to freedom - so long as we can evolve. We'll know we've finally made real progress when we finally retire the executioners once and for all.

--------------------------

DEATH SENTENCES LINKED TO HISTORY OF LYNCHING IN STATES

Ohio State University Research News

COLUMBUS , Ohio - States that sentence the most criminals to death also tend to be the states that had the most lynchings in the past, a new study suggests.

Researchers found that the number of death sentences for all criminals, Black and white, were higher in states with a history of lynchings. But the link was even stronger when only Black death sentences were analyzed.

The results may be shocking to many people, but they aren't surprising to sociologists who study the racial aspects of the death penalty, said David Jacobs, co-author of the study and professor of sociology at Ohio State University .

Our results suggest that the death penalty has become a sort of legal replacement for the lynchings in the past, Jacobs said. This hasn't been done overtly, and probably no one has consciously made such a decision. But the results show a clear connection.

Another study finding reinforces this idea. Results showed that the number of death sentences in states with the most lynchings increased as the state's population of African Americans grew larger, at least to a certain point. The researchers believe that is because, as their numbers increase, Blacks are seen by the white majority as a growing threat.

Jacobs conducted the study with Jason Carmichael, a graduate student at Ohio State, and Stephanie Kent, assistant professor of sociology at the University of Nevada, Las Vegas. Their results were published in the most recent issue of the American Sociological Review.


The findings showed a clear link between the number of lynchings, the proportions of African Americans in the states, and the number of death sentences. We found that violent acts in the distant past still seemed to be linked to current legal decisions about who will live and who will die.

For the study, the researchers examined the number of death sentences handed down in each of the mainland 48 states in 1971-72, 1981-82 and 1991-92. They computed lynching rates with data on state lynchings from 1889 to 1931 provided by the National Association for the Advancement of Colored People.

In their analysis, the researchers used a widely accepted statistical technique that allowed them to take into account the fact that the death penalty is not legal in all states and, even where it is legal, it is not always used.

They also took into account a wide variety of factors that also affect the number of death sentences given in a state, such as the overall crime and murder rates, unemployment rates, and fundamentalist church memberships.

To confirm their findings, the researchers repeated their analyses using a separate, and perhaps more reliable, data set on the number of lynchings that occurred in 10 Southern states.

In both cases, the findings showed a clear link between the number of lynchings, the proportions of African Americans in the states, and the number of death sentences.

* We found that violent acts in the distant past still seemed to be linked to current legal decisions about who will live and who will die, Jacobs said.

Why do the number of death sentences increase for white criminals as well as Blacks in states with a history of lynching?

* If there was clear discrimination against Blacks in death penalty sentencing, then the Supreme Court might again rule that the death penalty is unconstitutional, Jacobs said. So there may be an effort to not discriminate when imposing the death penalty. While the connection between lynchings and death sentences is strongest when only Black death sentences are considered, the connection between lynchings in the past and contemporary death sentences is present for both Blacks and whites.

* The findings also showed that the number of death sentences increases in states after a growth in the population of Blacks. But the number of death sentences begins to go down once the population of African Americans reaches a threshold of about 20 to 22 percent.

* Probably at that point, Blacks have enough votes and political influence within states to reduce the number of death sentences, Jacobs said.

The results of the study suggest that the United States is still a product of its past, Jacobs said.

Historical events continue to influence the current behavior of important social institutions. But the main point is that our findings do not support claims that the death penalty is administered in a color-blind fashion.

#

Contact: Jeff Grabmeier, (614) 292-8457; Grabmeier.1@osu.edu