Fall/Winter 1999

Be sure to mark your brand new calendars

Message from the Director

 The other bad news is that 8 others have inhabited those empty cells
this year.  And 8 other families will be victimized by the state.
 While it is demoralizing that our Commonwealth feels the need to kill
so many people, we should be proud of the efforts that we have made to
keep the death penalty out there in view.  We may have gotten our
biggest boost earlier this year, when the Capital Case Bill of Review-
the bill to eliminate Virginia’s archaic 21- Day Rule passed in
committee and was sent to the House of Delegates for a floor vote, only
to be defeated by 5 votes.  We may have lost a round, but the fight is
far from over.  Now, there is not one Virginia legislator who doesn’t
know about the 21- Day Rule.  And furthermore, since that vote, a number
of legislator’s have reconsidered and would now vote for the bill.  Much
of this can be attributed to each and every one of you who have
ceaselessly brought the issue up to your legislator.

 In April a group formed in Charlottesville to hold noontime protests on
the day of the 4 executions that occurred, as well as the one that was
stayed.  This received much media coverage in the area.  Another group
came together this year during the noontime hour on days of executions
in Richmond to protest, and nearly 20 vigils are now being held across
the state. Over 100 people held vigil outside the prison on November 9
when Thomas Royal, Jr. was executed in the 2nd annual, “Fill the Field”
vigil.   A number of other faith, student, civic, and other groups have
held seminars, discussions, and have invited speaker’s to publicize the
issue.  A faith- based group now meets regularly in Richmond and has
been instrumental in carrying out a number of events as well as
initiating contact with other groups of faith.

 Once again for the 7th consecutive year, the Virginia Tech Survey shows
support for the death penalty is cut in half when Virginians are given
an alternative.

 Two state groups of legal professionals have passed resolutions calling
for a moratorium on executions.  At least two faith groups have passed a
similar resolution and others are in the process.  Representatives of at
least 2 city council’s have been approached with one showing interest.
 Our Board of Director’s recently approved the formation of committees
to specifically address issues for people of faith, legal professionals,
medical professionals, educators, and others.

 And who can ever forget our first award’s banquet in May.

 We continue and continue to grow.  Nearly 3,000 people now receive our
newsletter.  Our web site receives 350-400 hits a week.  We continue to
field calls from the media, lawyers, students, and the general public
for information as well as assist those who want to bring an event to
their community.

 So while we deal with many defeats, we should be proud of our
accomplishments.  Let us stay strong and united as we continue the
fight.

Wishing you all good health during this holiday season and the coming
new year.
Henry
 

In memory of those whose lives were taken by the state of Virginia in
1999:
Mark Sheppard, Tony Fry, George Quisenberry, David Fisher, Carl
Chichester, Arthur Jenkins, Eric Payne, Ronnie Yeatts, Tommy Strickler,
Dewayne Williams, Everett Mueller, Jason Joseph, and Thomas Royal, Jr.
 

Upcoming Executions

Andre Graham was 24 when he entered Death Row in November of 1994.  He
was sentenced to death for the murder of Sheryl Stack outside a
restaurant in Richmond on October 8, 1993.  Andre contends that it was
his accomplice, Mark Sheppard who did the shooting.  Sheppard was
executed earlier this year for another murder.

Both Chris Thomas and Steve Roach received stays from the Virginia
Supreme Court earlier this year because of a decision the Court had made
that state law requires juvenile courts to notify both parents when a
juvenile is charged as an adult.  Last month Virginia’s High Court ruled
that they did receive all the notice that state law requires.

Chris, now 26, was 17 when he was condemned to die for the 1990 murder
of his girl-friend’s parents, Kathy and James Wiseman, in Middlesex
County.  He contends that it was his girl friend who shot her mother.
State law makes it a capital offense if more than one person was
murdered.
Steve, now 23, was 17 when he was condemned to death for the 1993 murder
of his 70- year old neighbor, Mary Ann Hughes in Greene County.  His
jury recommended the death penalty based on “future dangerousness”.
Between May and August of 1993, he was convicted of two auto thefts,
stealing a pistol, and a parole violation.
In an opinion last year, Chief Judge Wilson indicated that he was,
“uncomfortable” with the prospect of the execution of a person with such
a light history of criminal behavior.
Every major international human rights treaty expressly prohibits
executing people for crimes committed before the age of 18.  Since 1990,
only Nigeria, Pakistan, Saudia Arabia, Yemen, Iran, and the U.S. have
executed juveniles.

Please contact Gov. Gilmore with your concerns.
Gov. James Gilmore, PO Box 1475, Richmond, 23212.  Phone (804) 786-2211,
Fax (8040 786-3985, www.state.va.us/governor/govmail.htm.
 

Virginia College of Criminal Defense Attorney’s Calls for Moratorium

 This summer the Virginia College of Criminal Defense Attorneys became
the second organization of legal professionals to pass a resolution
calling for a moratorium on the death penalty in Virginia.  Last Spring,
the Charlottesville- Albemarle Bar Association became the first to pass
such a resolution.
 Bruce Williamson, former President of the Charlottesville- Albemarle
Bar, was one of the lawyers who brought the moratorium resolution up
before the VCCDA.  “One of the main reasons for VCCDA’s adoption of the
resolution is to promote discussion about the death penalty and how it
works in Virginia”, said Williamson.

…………..At the same time, the Prince William County Bar Association killed
a proposed resolution calling for a moratorium.  The resolution was
proposed by John J. Wall, member of the association’s Board of
Directors.  The resolution, modeled after the American Bar Association’s
resolution passed in 1998, calls for a moratorium on executions until
the following policies are implemented:  to ensure the death penalty be
administered fairly; to minimize the risk of innocent people being
executed; to eliminate racially motivated sentencing; and spare the
mentally retarded and those younger than the age of 18 at the time of
the offense.
Assistant Commonwealth’s Attorney Rick Conway argued the resolution was
a “somewhat veiled attempt” for death penalty opponents to abolish the
controversial punishment by imposing “unrealistic” procedures.  “If we
wait until there’s an absolutely perfect way to impose the death
penalty, we’ll never have a death penalty.  I believe the anti-death
penalty strategy has become one of, ‘let’s try to impose totally
unrealistic and impossible procedures on the death penalty.’  While
pretending to be neutral, the ABA is supporting that policy.”
Penny Wakefield, director of the ABA’s section of individual rights and
responsibilities, said the moratorium would allow attorneys and judges
time to reevaluate the current justice system.  “This moratorium
resolution has very little to do with whether there should be a death
penalty and an awful lot to do with what lawyers should do at any given
day, particularly when a case involves a question of life and death.”
Sen. Charles Colgan (D-29th), Del. Harry Parrish (R-50th), and Del.
Michele Mcquigg, (R-51st) were present and all said they supported the
death penalty.

In related news, VADP kicked off it’s “Moratorium in Virginia” campaign
at it’s annual conference on October 16.  A strategy session was held on
the wording of the resolution and the model document is currently being
modified.  VADP is calling on all groups and organizations to consider
presenting such a moratorium to their governing bodies.  Please contact
us for further information.
 

21- Day Rule Update

 1999 Quality of Life Survey Reaffirms Virginians Prefer an Alternative

For the 7th consecutive year survey results from the Quality of Life in
Virginia Poll show that Virginians prefer an alternative to the death
penalty. When surveyors asked 514 respondents whether they supported the
death penalty, 74 % agreed.  This is the lowest percentage that
responded in favor of the death penalty in the 7 years. For the second
consecutive year nearly 20% opposed the death penalty which is the
lowest recorded in the 7 years of polling.
But when respondents were asked their views if there were the
alternative of Life, with no possibility of parole for a minimum of 25
years combined with restitution to the victims’ family, 54.8% agreed
with the alternative and 40.5 % disagreed.
Copies of the graph can be obtained from VADP.
 
 
 
 

Virginia Supreme Court Orders New Trial for Lilly

U.S. Supreme Court Hears Terry Williams Appeal

 The Supreme Court of the United States heard oral arguments in Terry
Williams’ federal habeas case on October 4, 1999.  Terry was sentenced
to death in 1986 after a trial in which his attorneys failed to present
a wealth of available mitigating evidence to the jury.  The state judge
who originally sentenced Terry to death, Judge James Ingram of Danville,
was persuaded at the state habeas hearing, after hearing all of the
evidence that Terry’s attorneys failed to present to the jury, that this
evidence would have made a difference to the jury and thus could have
resulted in a life sentence.
John Gibbons, who argued Terry’s case in the Supreme Court, explained to
the justices that the members of the Virginia Supreme Court who reversed
Judge Ingram’s finding were simply wrong.  The key issue in the U.S.
Supreme Court case is how much deference the federal courts are required
to give to that incorrect ruling.  Lawyers on both sides agree that the
1996 Anti-terrorism and Effective Death Penalty Act (AEDPA) requires
federal courts to consider the decision of the highest state court on
state habeas and not just start from scratch in deciding the prisoner’s
claims of constitutional error.  But the United States Court of Appeals
for the Fourth Circuit, in rejecting Terry’s appeal, has interpreted the
statute to go much further, requiring the federal court to defer to the
state court’s ruling in almost every instance.
Terry’s case was the very first oral argument of the 1999 Supreme Court
Term.  It was a frank and lively exchange of views with most of the
justices jumping in frequently with questions and observations.
Although she had just recently been released from the hospital following
cancer surgery, Justice Ginsburg was a particularly active and
well-prepared participant in the proceedings.  A decision in the case
could be made at any time before next summer.

(Editor’s note:  Terry also has significant evidence to prove that he is
innocent of the crime he was condemned to death for.  Note that is not
mentioned in his appeal to the Supreme Court.  That is due to the fact
that appeals courts cannot review issues of innocence.  (21- Day Rule)
Only the Governor can.)
 
 

Lonnie Weeks Receives Stay- High Court to Hear Arguments Dec. 6

 Less than 2 hours before Lonnie Weeks was to be executed on September
1, the U.S. Supreme Court stayed the execution based on the trial
judge’s response to clarification requested by jurors.
 At issue is the following.  When jurors tell the judge they don’t
understand instructions and ask whether they can consider a sentence
less than death, even if one or more aggravating factors making the
death sentence an option are found, does the Constitution require that
the judge clarify that the death sentence is not mandatory and that
mitigating factors also should be considered?
 If the High Court agrees, Lonnie will get a new sentencing hearing.
 Lonnie Weeks has been on Death Row since January, 1994 for the 1993
murder of State Trooper Jose M. Cavazos on I-95 in Prince William
County.  He has never denied killing Trooper Cavazos.
 The slain Trooper’s 2 children had both contacted Gov. Gilmore to spare
the life of their father’s killer.  National Public Radio aired
interviews with Trevor and Leslie Cavazos in which they talked about
coming to the point of forgiving Lonnie for what he had done.  Their
mother while she does not share their views, is very respectful of them.
 

U.S. Supreme Court Grants Stay to Michael Williams

 On October 28, just one hour before the scheduled execution of Michael
Wayne Williams, the U.S. Supreme Court granted a stay.  Michael has been
on Death Row since 1994 for the 1993 murders of a Cumberland County
couple.
 At issue is that the prosecutor in the case argued that Williams had an
edge on the other witnesses because, as a defendant, he could first hear
all the other witnesses’ testimony.  His lawyer, Barbara Hartung of
Richmond, argued his rights were violated when the prosecutor used the
fact that Williams heard the other witnesses’ testimony to impeach
Williams’ testimony.  Ms. Hartung argued that Williams’ execution should
be stayed until a similar case from N.Y. is heard.
 Both Williams and his co-defendant admit having fired one shot each,
but blame each other for seven othe rshots fired.
 

Virginia Supreme Court Sends Death Row Prisoner’s Case Back for

Resentencing

 On September 17, a divided Virginia Supreme Court ruled by a 5-2 margin
that jurors must be told in all capital murder cases that a life
sentence means life without parole.
 After finding Robert Yarbrough guilty of capital murder for the 1997
murder and robbery of convenience store owner Cyril Hamby in Mecklenburg
County, the jurors asked the Judge whether Yarbrough could be released
in as little as 12 years. Nonetheless the Judge told the jury that
consistent with earlier state Supreme Court opinions, they were not to
concern themselves with what happened after they returned their
verdict.  The jury then recommended death.  Since 1995, when parole was
abolished in Virginia, a life sentence has meant exactly that.
 
 
 

Convicted Triggerman in 1996 Slaying Sentenced Again to Death

 For the second time, a man convicted of the abduction, robbery and
murder of a Langley Air Force Base airman has been sentenced to death.
             Circuit Judge Prentis Smiley pronounced the sentence
October 26 on Daryl R. Atkins, 21, who was tried and sentenced
originally in 1998. The Virginia Supreme Court threw out the first
sentence because of a procedural problem with a verdict form given to
the jury.
             Atkins and co-defendant William Alfredic Jones abducted
21-year-old Airman 1st Class Eric Nesbitt outside a Hampton convenience
store in August 1996, forced Nesbitt to withdraw money from an automatic
teller machine and then drove him to a
desolate road, where Nesbitt was shot eight times.
             Prosecutors said Atkins was the triggerman. A plea
agreement was reached with Jones, who testified against Atkins.
 

Dead Run-  The Untold Story of Dennis Stockton and the 1984 Mass Escape

from Virginia’s Death Row

 This just released book by Virginia Pilot Editor Bill Burke and
reporter Joe Jackson is the latest in true stories about Virginia’s
criminal justice system and the death penalty.
 Dennis Stockton, executed on September 27, 1995, spent 12 years on
death row for a crime, evidence shows he did not commit.  Unbelievably,
neither the Courts nor Gov. George Allen would listen to hard evidence,
including the confessions of another person, showing that the murder was
not committed by Dennis.
 While incarcerated, Dennis used writing as an outlet to cope with the
senseless violence of prison life.  In his diary, parts published by the
Virginia Pilot, he recorded details of the sensational escape from
Virginia’s Death Row in 1984 where 6 prisoner’s escaped from Virginia’s
“escape-proof” Death Row.  Although he helped in the planning, he
declined to go along, preferring to take his chances with his appeals.
  He writes about the power struggles among inmates, between inmates and
prison officials, and the corruption of guards who were involved with
drug dealing and other illegal activities.  His account of prison life,
the escape, and his own experience leading up to his execution is
riveting.
 Bill Burke and Joe Jackson use Dennis’ case and his accounts to examine
the U.S. criminal justice and prison systems and the grisly practice of
executions.

VADP has purchased multiple copies of this book and is offering it for a
donation of $17.
 

Bud Welch Speaks in Charlottesville

Everyone has a story.  Some amuse, others are sad.  Others - the powerful ones - have the ability to reach us and teach us.  They rearrange our thoughts and challenge our deepest convictions.
Recently, parishioners at the Church of the Incarnation in Charlottesville heard such a story.  Bud Welch, who lost his only daughter in the Oklahoma City bombing, shared his story with us.
An ordinary man with an extraordinary response to a horrifying and life-altering loss,  Bud explained that he grew up on a dairy farm in Oklahoma.  He owned a Texaco service station in Oklahoma City and was busy raising his family, two sons and a daughter, Julie Marie. 
We came to know Julie Marie as Bud shared his special memories with us -  her deep faith in God, her compassion for others and her adventurous spirit.  We laughed with Bud as he recounted her first day at college, with Julie trying so hard to be “totally cool.”  We learned of her dedication to learning, her gift with languages (earning her a college scholarship) and her desire to help others which led her to the Dominican Republic on a service project.  Julie’s first job, after college, was working as an interpreter for the Social Security Administration.  She was dating a very special young man, attending daily Mass, and life was full and wonderful. 
The explosion at the Federal Building changed all that.  Bud’s 23-year-old daughter was dead.  This gifted and loving daughter, in whom he took such pride and delight, was gone forever. 
This man of faith was filled with hatred and the desire for revenge.  “I know now why prisoners charged with murder wear bullet proof vests,” Bud said.  “I would have killed Timothy McVeigh.  I wanted him dead.” 
The awful months went by with no relief.  Visiting the bomb area became a ritual for Bud. It was there that he first began to realize that Timothy McVeigh’s death would not really change a thing — it would not bring Julie Marie back.  Slowly Bud changed.  He recalled Julie Marie’s opposition to the death penalty.  “It only teaches people to hate” she had said.  By the time McVeigh went on trial, Bud was there pleading for life imprisonment - not the death penalty - for the man responsible for Julie Marie’s life.
Of course, there is more to Bud’s story - much more.  And what he shared with us at Incarnation had the most incredible impact.  He truly touched peoples’ hearts and minds.  Folks who had been for the death penalty were heard to tell Bud, “You really made me rethink my position. I’ll never be able to support the death penalty again.”  Did he change everyone? Certainly not, but no one left that church without being challenged in a new and personal way.  Without sermonizing, without judgement, without pointing fingers, Bud’s story made an enormous difference and will have long lasting impact.
As Bud said, “Would Jesus give that lethal injection?”

Charlottesville Group Conducts Listening Project

On Saturday morning, November 13, 12 people gathered at the Quaker
meeting house in Charlottesville for a Listening Project on the death
penalty.  During the morning the group explored what can be accomplished
with a Listening Project and how to be an
active listener (not an easy skill in our culture.)  The group reviewed
the survey questions that the Quaker Peace and Social Concerns Committee
adapted from the VADP Listening Project with legislators.  Trainers
modeled the questionnaire process and then pairs of listeners practiced
the technique.
After lunch the pairs went into the community for three hours of going
door to door listening to what folks think and feel about the death
penalty. A variety of neighborhoods were canvassed:  a working class
African-American neighborhood, a middle to upper income white
subdivision in Albemarle County, a public housing project, two downtown
neighborhoods, and the University area.  Of  32 in-depth interviews
(several folks said they didn't have time to talk, but then gave their
views without answering the specific survey questions) twenty people
opposed the death penalty and twelve were in favor.  No one interviewed
had heard of the 21 day rule, but when told about it, all disagreed with
it, even those who favored the death penalty.  All but one person
accepted literature when asked at the end of the interview if they would
like more information. As anticipated, listeners and speakers alike
gained a great deal of insight and clarified their positions on the many
aspects of this complex issue.

(Michele can be contacted at (804) 984-4655 or
mattioli@virginia-organizing.org)
 

110 at Greensville

Activists from around the state gathered at the Greensville Correctional Center for "Fill the Field," the vigil for Thomas Royal Jr, and Officer Kenneth Wallace on November 9.
"Fill the Field" is an annual attempt to draw a large crowd to the state's extermination site on the night of an execution. Many local vigils either cancel or scale down for the evening.
This year 110 people gathered, an increase over the 75 participants from 1998. Dozens of people attended their first vigil on this evening.
A highlight was the participation of Bud Welch, who extended his Virginia visit so that he could attend the vigil. Welch's inspiration thoughts captivated the crowd (not to mention the fact that he wore a VADP "Eye for an Eye" shirt).
A standard feature of the Greensville vigil is the litany of the men executed and their victims. For "Fill the Field" the names were printed on individual cards, and passed around the circle. Many people felt that this was particularly moving.
Three or four people gave prayers during the "open mike" portion of the evening, including a representative from a large contingent from Old Dominion University.
The evening concluded with a candlelight witnessing at the side of the road as the witness vans and, later, the hearse bearing the body of Thomas Royal headed for Richmond.
The legacy of "Fill the Field 1999" is that several new activists have joined us because their experience in Jarratt.
 

Pen Pals

        Last year we initiated the Pen Pal site for the men on
Virginia’s Death Row. We asked each inmate if he wanted to have personal
information shared on the Internet. Approximately twelve to fifteen men
responded. Their names and information can be found on our web site.
This past summer I wrote again to each of the men on the Row. I asked if
they wanted to change any information that they had provided, or if they
had any problems or concerns that needed to be addressed regarding the
site. I received numerous
letters back speaking positively about the relationships that had been
developed through the Pen Pal program. A few more men added themselves
to the list as well.
        The “program” as such, is not monitored. Who you write, when you
write, what you write is up to you. The men who have placed their
information on the site are simply letting us know that they are
receptive to the idea of making new friends. Who they write, when they
write, and what they write is up to them.
        Clear communication from the beginning will go a long way in
helping you establish a good relationship with your pen pal. Try not to
over extend yourself or promise to do things you can’t do. If the
prisoner goes into areas that are uncomfortable for you, say so.
Otherwise, your discomfort may cause you to leave. If you do need to
stop the pen pal relationship please communicate with the prisoner that
you are doing so.
        You may never see his face or actually hear his voice, but he’s
human... quite human. If you can treat him as such you might find
yourself in the middle of quite an interesting friendship.
        The following is a poem I wrote in April of 1998, six months
into writing my first pen pal... whom I still write.
 

Death Row was once just a place to me
        Where society left its troubles,
                For no one to see...

A place of personal tragedy
        No good to be found, only misery

Death Row was where hatred dwelled
        In murderous hearts,
                Condemned to hell...

A place I imagined where time stood still
        No future, no dreams, for those who had killed.

Until one day when I looked in
        And found looking back, the eyes of a friend

A man with a heart
        And a mind to match mine.
                A poet, and artist, a lover of life
                        A man who once led a life of crime

Death Row now has a face and a name,
        A voice to point out Society’s shame

That we throw away people
        And never look back
                To see if just one might get back on track

That we don’t step in; let love work its way
        Into souls that need healing
                And hearts that need faith.
 

Linda Clare-Stanton
 

Upcoming Events

Thursday January 27: Virginia Death Penalty Awareness Day with special
guest Sr. Helen Prejean.  11 AM. The Capitol.
Evening with Sr. Helen. Charlottesville.

Saturday April 8:  VADP Spring Conference, First Unitarian Church, Richmond (very tentative at this time).