Spring 1998 

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  Listening Project | Execution alert | Virginia executes #50 | General Assembly wrap-up | Vigils
3 escape death | AI/VADP events | Closer look at the death penalty | Death Row grows
Virginia upholds more death sentences than other states |  Sr. Prejean nominated for Nobel
Death Penalty Awareness Day | Upcoming events | Lawyers' seminar

The Listening Project Interview on the death penalty in Virginia was developed with help from the North Carolina based Rural Southern Voice For Peace in 1992. The Listening Project involves in-depth interviews and the building of positive relationships with the people surveyed. Open-ended, non-threatening questions encourage people to look into issues more deeply than they might otherwise. The interviewer and the person being interviewed, face the issues of- in our case- community, crime, justice, and the death penalty and together explore possible solutions. 

The Listening Project philosophy is based on the belief that in situations of conflict we believe that our opponents also have a piece of the truth and to focus on positive solutions. This builds trust so that the Listening Project participants can focus on their common humanity and their shared hopes and fears rather than looking at differences and prejudices.  Thus the people interviewed will be able to look critically at their own attitudes and be more open to new ideas, alternatives, and change. 

VADP had set as its goal for VADP members to interview all 140 members of the Virginia General Assembly as well as judges, commonwealth attorneys, etc. We succeeded in obtaining a small fraction of our goal when the Listening Project got put on the back burner because of lack of interest and the need for a coordinator. Well, the interest is back and Linda Stanton with the Herndon Quaker Friends Meeting has volunteered to coordinate. 
As a result, VADP will conduct a Listening Project training for all those interested on Saturday May 30 in Charlottesville. If you are interested or know of others interested, please contact Linda Stanton at (540) 349-8251 or Henry Heller at (804) 263-8148 or e-mail henry@vadp.org. Please let us know as soon as possible so that we can prepare for you attending. 
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Angel was a citizen of Paraguay and the government of Paraguay was upset that the Americans hadn't informed them of his crime.  The World Court agreed that the matter needed to be looked into and urged the U.S. to delay the execution until they had enough time to study the case. The State Dept. agreed and Secretary of State Albright went so far as to write a letter to Gov. Gilmore asking him to comply with the recommendation of the World Court. The Justice Dept. disagreed. In the end, the U.S. Supreme Court denied Angel's request for a stay and Gov. Gilmore was clear to deny any clemency on his part. 
Our condolences go out to the family of Angel Breard as well as the families of Ron Watkins who was executed on March 25, Doug Buchanan executed March 18, and Tony Mackall executed Feb. 10.  We also send our condolences to the families of the victims who as a result of these death sentences being carried out had to relive the trauma of losing their loved ones. 

Virginia has now carried out 4 executions this year. Nationally, 25 people have been executed this year and 457 since reinstatement. 

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The Capital Case Bill of Review, otherwise known as the bill to repeal the 21-day rule was "continued" to next year.  This means that at any time during the "off season" the House Courts of Justice Committee can take up the bill.  The 2 bills (HB 606- Del. Ken Plum from Reston and HB 933- Del. Jim Almand from Arlington) have been combined. They barely made it out of subcommittee by a tie vote. 

In our meetings with legislators many told us that they had heard from their constituents about the bills.  Everyone is encouraged to contact their legislators and ask them to consider this bill that would allow prisoners sentenced to death  to introduce evidence of innocence to a court without any time limits. 

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The two other participants tried for capital murder, Kelly Ann Tibbs and Tracy Bitner, were given life sentences by their juries. When reducing Domica sentence to life Judge Gill said, "a life sentence in this case would sufficiently supply an ends to justice." 

The victim's mother told the judge, "my daughter was not prejudiced at all, and would not have like the idea that someone might be executed because of her color." 

In Charlottesville, VADP board member attorney Steve Rosenfield was part of the team that was able to convince a jury not to sentence Dorian Lester to death for the murder of George Moody. 

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On April 20 and 21, VADP director Henry Heller along with Treasurer Sunshine Richards took part in a forum with John Tucker, the author of May God Have Mercy : The Roger Coleman Story. Also taking part was Rev. Russ Ford who was the chaplain who accompanied Roger to the electric chair. The programs were sponsored by the mid Atlantic Regional Office of Amnesty International. 

Sunshine, who is also a member of Murder Victims Families For Reconciliation, spoke about the loss of her brother to murder 15 years ago. VADP would like to thank Riverbend Books in Virginia Beach and Shockoe Expresso Bar for hosting the events. VADP would also like to thank all the folks at Amnesty for all their work in making the events happen. A special thanks to Abass for his countless hours. Future events are planned for a number of universities in the Fall. 

VADP would also like to thank the Charlottesville Center for Peace and Justice and the Charlottesville Latin American Support Center for holding a benefit concert with Charlie King and the Charlottesville Women's Choir. Special thanks to Gaye Fifer and Elena Day for all their work in making the evening a success. 

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Capital punishment or the death penalty can be traced back as early as ancient times. At that time there was little question as to the correctness of the death penalty.  As human rights slowly developed though, the world began to open their eyes to this cruel and unusual form of  punishment willingly  inflicted by the government.  In the past you could  be accused of nearly any crime at all  and without much of a trial receive the death  penalty.  Today, thanks to our more modernized  judicial system, the defendant  has many appeals that could lead to a stay of execution, or the  lowering of charges. If you were to commit rape, murder, armed robbery, kidnapping or treason in the U.S. you could receive the death penalty.  If convicted of any such  crimes you can receive the death penalty by means of  lethal injection, the electric chair, gas chamber, lynching, or firing squad.  Yes, all of those punishments are handed out in our very own backyard.  The U.S. is the only industrialized country in the western hemisphere to have a death penalty. 

Like the people who carry out and enforce the death penalty, capital punishment is imperfect. According  to our constitution, all citizens of the United States are to be  given equal rights.  Unfortunately the death penalty is not only racist, but also sexist.  Professor David Baldus of the University of Iowa is one of the leading experts in racism on death row. Baldus did a study  between  1976 and 1979 of the 2,484 murders in Georgia.  He found that 22% of blacks who killed whites were sentenced to die.  A mere 3% percent of whites who killed blacks were sentenced to die. Similar statistics can be found in Ohio.  Of the 173 murder cases involving blacks killing whites  25% received the death penalty.  On the contrary, none of the 47 murders involving whites killing blacks resulted in execution. In other words, 1 out of every 4 blacks were sentenced to die whereas none of the 47 whites were sentenced to die. Such statistics seem to prove that capital punishment  is racist. A male death row inmate might argue that the death penalty is sexist.  Of the 434 people executed since the reinstatement of the death penalty in 1976 only 2 have been women.   Karla Faye Tucker became the second woman to be executed since the reinstatement of the death penalty in 1976. She died by lethal injection early this February in a Texas state prison. 

Another major problem with the death penalty and probably the scariest is the possibility of innocent defendants being killed. Since 1976, 23 people were executed for crimes they did not commit. Also in that short time span 327 death sentences were handed out to innocent people. The number of erroneous death sentences has sky rocketed in recent years due to the growing use of the death penalty. Imagine the horror going through the innocent inmate's mind as they spend years in a cell waiting to die for a crime they did not commit. All the inmates can do is to sit and hope that their lawyers can convince the judges of their innocence. In some cases pardons come only seconds before the lethal chemicals, gases, electrical current, bullet, or noose kill them. 

Many people think it is much cheaper and easier to execute criminals than to give them a life sentence. This notion is far from the truth. While it is the tax payer's money that keeps prisoners alive during their possible life sentence, it is also the public who pays for the many years convicted criminals spend on death row waiting to die. Due to the tighter security, death row prisons are a lot more expensive. Also, a long line of appeals exist that allow death row inmates to prolong their life. Because of these judicial  requests the tax payer must also pay for prisoners to go to federal court. In total the execution and appeals costs an average of 2 to 3 million dollars. 

This amount doesn't even include the cost of keeping them in tighter security prisons. Here is another way of looking at these figures. In 1994 the salary of a new police officer was forty two thousand dollars. The two million dollars spent killing someone could be used to pay for over 50 new cops per execution. 

Some supporters say the death penalty deters crime. Never has the death penalty been directly linked to a fall in crime rates. In fact, those closest to crimes don't seem to think the death penalty is an effective deterent.  In a 1994 survey of police chiefs around the nation only 1% felt it was an efficient deterrent in the fight against crime.  In another study of murderers on death row in Britain, statisticians found astounding results. Of the 167 murderers on Britain's death row, 164 said they had actually witnessed an execution before committing their crime, yet they acted any way. 

Among the many issues surrounding the death penalty, the most basic is probably the question of morality. Why do we kill people who kill people  to show them that killing is wrong? Some say that we should take an eye for an eye, but taking an eye for an eye leaves everyone blind. Others think that killing the criminal can make everything right. Executions can't bring back the victim. It just says that we, the public, are going to stoop down to the level of the criminal. 

From a biblical stand point the death penalty is very wrong. Capital punishment goes against all of Jesus' teachings. There are numerous instances in the bible telling us to forgive. In Romans 12:17 it says "Do not repay injury with injury." In the Lords prayer we say, "Forgive us our trespasses as we forgive those who trespass against us." The list goes on and on. 

What about the possibility of change? Some of the bible's greatest figures were murderers before they became heroes. Moses killed an Egyptian task master. David murdered Uriah because he was in love with Uriah's wife. Finally, Paul stoned Steven to death. In modern times supporters argue that criminals on death row can be rehabilitated. In fact, Governor George Allen of Virginia commuted the death sentence of William Saunders. Allen said he felt that Saunders was not the same violent man sentenced to die 7 years ago. If Saunders could become rehabilitated, others can too. 

It is probably very apparent by now that I strongly oppose the death penalty. I find it appalling that the United States government feels they can play the role of god. By no means do I feel that criminals should go unpunished for their crimes. I think that they should be severely punished but at no time should someone's life be taken. Violence begets violence. The death penalty is a barbaric form of punishment. It is something from the past and desperately needs to be abolished. 

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Virginia's reversal rate of about 6% is the lowest in the country. Missouri is second lowest with 10%.  In contrast, Florida's appeals courts have overturned 40 % of that state's 759 death sentences. The 4th District Circuit Court of Appeals, which Virginia is part of, is one of the most conservative appeals courts in the country. In fact, a father of one of the judges on the court was murdered. (editor's note: He is not a member of Murder Victim's Families for Reconciliation). 

Gerald Zerkin, a Richmond lawyer who has defended many death row prisoners in their appeals process, claims that, "Virginia has one of the least structured capital sentencing processes in the country.  Because of the lack of structure, it's difficult to have legal error." 

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Francis Sejersted, Chairperson
The Norwegian Nobel Committee
Dammen 19
NO255 Oslo, Norway

Stress why the death penalty should be abolished, and how awarding the Nobel Peace Prize to Sr. Helen could help prod U.S. leaders to rethink the death penalty. You can include short newspaper articles about the death penalty, and state whether you are a prisoner, family member, defense attorney, chaplain, or have some connection to someone on death row or someone who has been executed.  Letters should be short and courteous. 

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On February 10, nearly 50 people attended VADP's annual Death Penalty Awareness Day in front of the Capitol/ General Assembly Building. Speakers included Dr. Kathleen Kenney of the Archdiocese of Richmond, Del. Jim Almand, sponsor of the Capital Case Bill of Review, Shawn Gaylord of Amnesty International USA, and Sunshine Richards representing Murder Victims' Families For Reconciliation.  The rally was covered well by the media. 

After the rally, individuals visited their legislators. Later in the afternoon a group of VADP members attended a subcommittee of the House Courts of Justice hearing which took up the Capital Case Bill of Review (21 Day Rule) and bills to expand the crimes punishable by death. Henry Heller, Director of VADP, addressed the committee, informing them of the Virginia Tech surveys showing Virginians support for alternatives to the death penalty. Illana Naylor of Manassas also gave impassioned testimony concerning her opposition to the death penalty. 

Following the hearing, a group continued on to Greensville Prison to stand vigil as the state was executing Tony Mackall. About 16 students from Eastern Mennonite University in Harrisonburg travelled 6 hours roundtrip to stand vigil. 

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May 29- June 14: Journey of Hope....from Violence to Healing in Texas. For more information  Call 800-973-6548. 
May 30: Listening Project Training on the Death Penalty in Charlottesville. Contact Linda at 540-349-8251 or Henry at 804-263-8148 or e-mail  henry@vadp.org 
June 20: Annual Convention of the Virginia Organizing Project, Smith Mt. Lake 4-H Center, Contact  804-984-4655 or 984-4033. 
June 29- July 2: 5th Annual Fast and Vigil to Abolish the Death Penalty, U.S. Supreme Court.  For more information call Joan Betz at 703-361-8066. 
August 3- 8: 12th Annual Pilgrimage to U.S. Peace Places. 165 miles from Appomattox to Yorktown.  Contact Chris Barrett at 804-846-5902 or 846-6475. 
October 1-4: Annual Conference National Coalition to Abolish the Death Penalty in St. Louis, MO.  Contact NCADP at 202-387-3890. 
October 24: Annual VADP Conference in Charlottesville. Contact: 804-263-8148. 

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VADP, was not only present with an information table, but was asked by this year's director of the program, Penny White, to address the audience about VADP's efforts. 

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