Spring 1999

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        In Virginia’s zeal to catch up to Texas, and if all goes as scheduled, 9 men 
will be executed by the end of April. Three men have already been executed 
this year. The following 6 have been scheduled. David Fisher- March 25; Terry 
Williams- April 6 (see Urgent Action); Carl Chichester- April 13; Arthur 
Jenkins- April 20; Eric Payne- April 28; Ronald Yeatts- April 29. 
At this rate, Virginia will most likely break its record of executions for the 
4th consecutive year. Please write the Governor and let him know your concerns 
about Virginia’s escalating use of the death penalty. Please include the fact 
that 6 consecutive years of polling at Virginia Tech show that support for the 
death penalty is cut in half when Virginians are given the alternative of 
life, with no possibility of parole for a minimum of 25 years combined with 
restitution to the victims’ family. 
Gov. James Gilmore, PO Box 1475, Richmond VA. 23212  phone (804) 786-2211, fax 
(804) 786-3985   www.state.va.us/governor/govmail.htm 
The Manassas Church of the Brethren and the Alexandria Monthly Meeting of 
Friends have recently adopted resolutions calling for an end of the death 
penalty. We encourage all people of faith to raise this issue with their own 
individual houses of worship. 
For more information contact Illana Naylor (Manassas Church of the Brethren) 
at 10294 S. Grant Ave., Manassas, VA (703) 361-8306 or Peter Fuchs (Alexandria 
Friends Meeting) at 3724 Manor Rd. #4, Chevy Chase, MD 20815 (301) 652-0222. 

URGENT ACTION: TERRY WILLIAMS
In November 1985, Harris Stone was found by his neighbors dead in his bed. 
There was no sign of foul play — no injury, no blood, and no evidence of a 
struggle. Stone had been drinking heavily on the evening of his death. Indeed, 
his blood alcohol level was .41. The Medical Examiner determined that Stone 
died of alcohol poisoning. 

Six months after Stone was buried, Terry Williams was in the Danville City 
Jail, having been arrested for stealing a watch. Terry, who is borderline 
mentally retarded and suffers from Fetal Alcohol Syndrome (“FAS”), began 
having nightmares of blood and killings. He then wrote a letter to the Chief 
of Police stating that he had killed Stone. Upon interrogation, Terry confessed to 
having struck Stone in the chest with a garden implement called a mattock and having taken $3 from his wallet. The authorities then exhumed Stone and, following an autopsy, the medical examiner concluded (consistent with the “confession”) that Stone’s death was caused by a punctured lung from a broken rib. 

Terry’s trial lawyers never investigated Terry for FAS and never knew that FAS 
can render its sufferers unable to distinguish between fact and fiction. His 
lawyers — and thus the jury — also never knew that one of Stone’s neighbors 
would have testified at the trial, had he been asked, that on the very evening 
of Stone’s death, Stone fell on concrete steps and was helped to his bed 
complaining of pain in his side. 

Terry’s lawyers also failed him at the sentencing trial. They didn’t tell the 
jury of Terry’s horrific childhood — alcoholic parents, criminal child neglect 
for which his mother was jailed, abusive foster homes, vicious abuse by his 
father, and a head injury from falling off a roof. The jury also never learned 
that, despite this miserable background, Terry thrived in structured and 
controlled environments such as prison where he furthered his education, 
obtained vocational skills, and earned two official commendations  — for returning a guard’s lost wallet (contents intact), and for helping break up a prison drug ring. The 
jury also never learned that an accountant in Harrisonburg, VA, had befriended 
Terry and would have testified about Terry’s accomplishments and positive 
qualities.  Terry’s lawyer, though, ignored his offer of help.  Based on the 
one-sided picture of Terry that was presented, the jury voted for death. 

After listening to this omitted mitigation evidence at the state habeas 
hearing, the very same Danville circuit court judge who originally thought 
Terry’s sentence of death was “appropriate” vacated the sentence and ordered a 
new sentencing hearing. A Reagan-appointed federal judge came to the same 
conclusion. Because the state and federal appellate courts have failed to see 
the wisdom of these two judges’ decision, Terry will die on April 6, 1999 
unless Governor Gilmore grants him clemency. 

Terry should not go to his death because of the mistakes of his lead counsel, 
an attorney who was officially reprimanded on three occasions by the state bar 
association for neglect and was forced to surrender his law license in 1989 
because of a severe psychiatric disability. Terry has stood out as a model 
prisoner during his time on death row — with one insignificant infraction in 
twelve years — and is trusted enough to leave his cell daily to work in the 
prison notwithstanding the 23 hour lockdown on death row. Even the 
psychologist who testified for the Commonwealth at Terry’s trial that he was a 
“future danger” has recently stated that, had he been asked, he also would 
have testified that Terry would not have posed a danger in a controlled 
environment such as prison, a condition he believes is “unique.” 

Terry’s case stands out among all others. Please ask Governor Gilmore to show 
all Virginians that the executive function of clemency works as the last 
safeguard against injustice. Send your letters of support to the Governor at 
P.O. Box 1475, Richmond, VA 23212.  (804) 786-2211 or 
www.state.va.us/governor/govmail.htm.  Please send a copy of your letter to 
Terry’s attorney, Brian Powers, at 4748 Wisconsin Ave., N.W., Washington, D.C. 
20016 (202/362-0041). 

VADP 1ST AWARDS BANQUET- MAY 1
All of you should have received your invitation by now for our 1st Awards 
Banquet. We are very proud and excited to award the Joseph M. Giarratano Award 
for “Truth in Action” to long time anti-death penalty activist and founder of 
Murder Victims’ Families for Reconciliation, Marie Deans, and dedicated 
capital case defense litigator, Gerald Zerkin. Please make plans to join 
actor/activist Mike Farrell, retired federal district court Judge Robert 
Merhige, Jr, politicians, attorney’s, and activists as we honor these 
dedicated individuals as well as recognize the achievements of VADP’s 8 years 
of existence. 

The Banquet will be held on Saturday May 1 at the DoubleTree Hotel in 
Charlottesville proceeded earlier in the afternoon with a reception with the 
honorees, Judge Merhige, and Mr. Farrell at the home of Leonard and Rhoda 
Dreyfuss. 

If you can’t attend, please consider sending a message through the special 
commemorative program, or sending a contribution so that someone less 
fortunate will be able to attend. Please call (804) 263-8148 for more 
information. 

OTHER NEWS
The Issues Committee of the Loudoun County Democratic Committee has sent a 
letter to Ken Plum, the Chairman of the Democratic Party of Virginia 
requesting that the Democratic Party of Virginia study questions pertaining to 
the acceptance, effect on criminal justice, and the morality of the death 
penalty in Virginia. 

VADP applauds the groups efforts and calls on the all Issues Committees of all 
political parties to follow suit. 
The Chairman of the Loudoun County Democratic Committee, David Whitmer, can be 
contacted at 
PO Box 544, Leesburg, VA 20178 
phone (703) 771-3366, e-mail: lcdc@shirenet.com 

Sister Helen Prejean Speaks in Salem   by Tim Stanton 

A Monday night in February, with temperatures in the thirties and driving 
rain, is not a great time to get people out for a lecture -unless it’s a talk 
by Sister Helen Prejean. Around 1400 people packed the gym at Roanoke College 
in Salem on February 1 to hear the author of Dead Man Walking. And she did not 
disappoint. 

Sister Helen began with her testimony, sprinkled with Susan Sarandon and Tim 
Robbins stories. She then gave her reasons for her opposition to the death 
penalty. She ended by rallying the troops to work on the repeal of the 21-day 
rule, as the General Assembly was considering the bill at the time. She 
pointed to the VADP table, and admonished the crowd to talk to us about 
specific things to do. 

The evening ended with an autograph session, and Sister Helen was warm and 
engaging with everyone in line (the college ran out of copies of Dead Man 
Walking, and even went through VADP’s copies). She also conversed with Frances 
Lilly, mother of Virginia Death Row inmate Ben Lilly. 

Sharon Farmer and Tim Stanton manned the VADP table, along with 
representatives of the Plowshare Peace and Justice Center, and distributed a 
lot of 21-day literature. At the time the bill was in the House Courts of 
Justice Committee, and a few delegates on that committee are from surrounding 
districts. No doubt they heard from more than a few constituents the next day. 
Editors note:  Sr. Helen also spoke to 800 people at the National Cathedral in 
Washington on Feb. 4th and the next afternoon  to over 300 at a women’s club 
luncheon in Norfolk. 

Operation Vigil Count by Tim Stanton 
VADP has a new program for those who stand vigil on execution nights - 
Operation Vigil Count. A few months ago I was talking to Joan Betz and Linda 
Clare-Stanton, who stand vigil in Manassas and Herndon, respectively. We were 
talking about our vigils and how many attended. It occurred to us that a tally 
of vigil attendance on execution nights would be helpful. So...Operation Vigil 
Count was born. 

We have someone at each vigil count heads and send them to me – along with any 
anecdotes from the evening. A few days later I work up a report and send it 
out to all of the reporters, so folks in Norfolk will know what’s going on in 
Lynchburg. 

A staple of my nights at Greenville is having Frank Green, the Richmond Times- 
Dispatch crime reporter, stop on his way back to Richmond and ask me how many 
stood vigil. Instead of two or eight or fifteen, I’d love to say, “we have 
over two hundred people at thirteen sites around the state expressing their 
displeasure.” This would be information that we could incorporate into 
interviews, literature, etc. Another side benefit is an enhanced sense of “I’m 
not alone here.” While we intuitively know that people are “with us” on those 
nights, a little reinforcement doesn’t hurt! 

If you’d like to receive the vigil report after each execution, e-mail me at 
loistim@erols.com and I’ll add you to the list. 

Noontime Protests Set at Capitol Square by Tim Stanton 
An anti-death penalty protest will be held at Capitol Square in Richmond at 
noon on each day that Virginia executes one of its’ own. The protests were 
started by members of General Strike, a Richmond “grassroots revolutionary 
organization committed to combating injustice and oppression in our society.” 
The group’s work in death penalty issues began with interest in the Mumia Abu- 
Jamal case. While General Strike is still active in the Mumia cause (the group 
is sponsoring a bus to the April 24th action in Philadelphia), GS members have 
also become very active in Virginia death penalty issues. Group members are 
staples at vigils, and were active participants at VADP’s Awareness Day in 
January at the General Assembly. 

Members of General Strike stress that this in not “their” action – they hope 
that other groups and individuals join them on execution days. Other 
activities of General Strike include a free food program, where fruit and 
sandwiches are given to workers in a temp labor pool in Richmond. 

A Call for a Moratorium on the Death Penalty
At the March monthly luncheon of the Charlottesville-Albemarle Bar 
Association, Charlottesville attorney, businessman and board member Steven 
Rosenfield offered some arguments to his colleagues on why Virginia should 
adopt the American Bar Association’s call for a moratorium on capital 
punishment. He first explained that the issue was not about being in favor of 
or opposed to the death penalty. Instead he offered reasons why the process 
might be seen as unfairly administered. He told the lawyers, most of whom did 
not practice criminal law how defendants do not have a right to know in 
advance of trial what witnesses the prosecutor might call, which witnesses the 
police interviewed and what the witnesses told the police, unless the 
information is exculpatory. 

Rosenfield told the crowd that judges historically have picked lawyers who 
were not qualified to undertake such a serious criminal matter pointing to 
prior appointments of probate lawyers and lawyers right out of law school. 
Rosenfield demonstrated that even where a highly qualified lawyer is appointed 
and an appeal is needed to fight the death sentence, the Supreme Court still 
provides only about $6 an hour in compensation to that lawyer though Virginia 
law allows them to pay a “reasonable fee.” He also pointed out how the 
Virginia Supreme Court has the lowest reversal rate of any state and has never 
granted a petition for a writ of habeas corpus. 

Most glaring were Rosenfield’s statistics on how important race played a role 
in who gets death. He said that blacks who kill whites are 22 times more 
likely to get death than blacks who kill blacks; that blacks who kill whites 
are 7 times more likely to get death than whites who kill whites and that 
overall a killer of a white person was 4.3 times more likely to be sentenced 
to death than someone who killed a black person. 

What brought, perhaps, the most noticeable reaction from the assembled, was 
when Rosenfield told them that Virginia was in the company of Barbados, 
Nigeria, Pakistan, Bangledesh, Iran, Iraq, in killing children who committed 
murder while under the age of 18. In contrast, he explained, no other 
industrial country permits that and neither does Libya and China who have a 
death penalty but refuse to kill children who committed murder under the age 
of 18. 

The feedback was positive. Rosenfield said that he intends to draft a 
resolution he will present to the bar association in April which will call for 
the Virginia legislature to legislate a moratorium to the death penalty until 
the process can be adequately studied. 

GENERAL ASSEMBLY WRAP-UP
Two bills were presented in the General Assembly this year. The Capital Case 
Bill of Review (see article below) and a bill sponsored by Del. Steve Newman 
of Lynchburg which would make “dismemberment” of a body a capital offense. 
VADP director Henry Heller testified in front of the Senate Courts of Justice 
Committee that the bill was “just a knee jerk reaction” as a result of the 
beheading of Garnett Johnson in Grayson County last year. In that case both 
defendants were given life in prison instead of the death penalty. As in past 
years, Heller presented 6 consecutive years of polling, showing that 
Virginians prefer the alternative of Life without parole for a minimum of 25 
years, combined with restitution to the victims’ family. A number of Senators 
asked questions about the polls findings. 

Many of the Senators were concerned that the bill would open up a Pandora’s 
box as to the constitutionality of Virginia’s death penalty and died in committee. 

“A Victorious Defeat” by Henry Heller 
For the last 3 years a bill has been introduced in the Virginia Legislature to 
repeal the 21-Day Rule. The bill know as the Capital Case Bill of Review never 
made it out of committee until this year. With 39 Legislators signing on to 
the bill, it made it to the floor of the House of Delegates by a vote of 
13-11, with the vote going along party lines, except for 1 Republican voting 
with the Democrats. In the week before the vote, Legislators were swamped with 
phone calls calling on them to vote for the bill. In a timely coincidence, Sr. 
Helen Prejean spoke to a number of Virginia and Washington, DC audiences that 
week and encouraged them to contact their legislators. As one Legislator put 
it in a conversation with a constituent, “this 21-Day Rule Bill is driving me 
crazy.” 

Del. Jim Almand, the chief sponsor of the bill called on his colleagues to 
“take a stand for the rights of the innocent” and pass the bill. The bill’s 
detractors saw it only as a step to the elimination of the death penalty in 
Virginia. Del. Almand distributed editorials from a number of major Virginia 
newspapers, including the highly conservative, Richmond Times- Dispatch 
calling for the repeal of the 21- Day Rule.  After the bill passed the House 
Courts of Justice Committee, the Attorney General’s office and the 
Commonwealth Attorney’s Association lobbied very hard to kill the bill. They 
claimed that not only would it lead to the demise of the death penalty in 
Virginia, but to more work for their offices. 

In the end, 46 out of 100 Delegates stood up for “the rights of the innocent” 
and voted for the bill. The bill was newsworthy enough to be reported in the 
media extensively. Del. Almand felt that the bill lost, due in part to it 
being an election year. As a matter of fact, 2 democratic legislators who 
voted for it in committee, voted against it on the floor. The vote also 
crossed party lines with 11 republicans voting for the bill and 13 democrats 
voting against it. Del. Almand plans to introduce the bill once again next year. 

While many were discouraged by the vote, we should feel encouraged at the 
progress that it has made through the years. Not only did we lose by only 5 
votes, but we were able to raise the issue in the legislature and the media. 
Being that support crossed party lines makes the bill a bi-partisan issue. 
Virginians will be working throughout the year to continue educating 
legislators about the issue. For more information see our web site at 
www.vadp.org or call 804-263-8148 

Contact your Legislator to show your appreciation or dismay of their vote. 
YEAS—Abbitt, Almand, Armstrong, Baskerville, Brink, Callahan, Christian, 
Cranwell, Crittenden, Darner, Davies, Day, DeBoer, Deeds, Devolites, Dillard, 
Grayson, Guest, Hall, Hargrove, Hull, Ingram, Johnson, Jones, D.C., Jones, 
J.C., Keating, Marshall, McEachin, McQuigg, Melvin, Moran, Morgan, Murphy, 
O’Brien, Plum, Puller, Rhodes, Robinson, Scott, Shuler, Spruill, Thomas, Van 
Landingham, Van Yahres, Watts, Woodrum—46. 
NAYS—Albo, Baker, Barlow, Behm, Bennett, Black, Blevins, Bloxom, Bryant, 
Byron, Cantor, Clement, Councill, Cox, Croshaw, Davis, Diamonstein, Dickinson, 
Drake, Dudley, Griffith, Hamilton, Harris, Howell, Jackson, Joannou, Jones, 
S.C., Katzen, Kilgore, Landes, May, McClure, McDonnell, Nixon, Orrock, 
Parrish, Phillips, Purkey, Putney, Reid, Rollison, Ruff, Rust, Sherwood, 
Stump, Tata, Tate, Wagner, Wardrup, Ware, Weatherholtz, Wilkins, Williams, Mr. 
Speaker—54. 

Talking Points: 
The Bill does not affect or repeal the death penalty and applies to capital 
cases only. It has five restrictions to prevent frivolous appeals: 
• new evidence may be presented in the bill if it pertains to innocence only 
(not procedure) 
• the evidence must be newly discovered 
• the bill must explain why the evidence wasn’t presented in the original 
trial 
• it has to be filed at least 60 days before execution (it’s not a last-ditch 
strategy) 
• it must be demonstrated that the evidence is being presented at the earliest 
possible time 

The following is the letter sent by Del. Almand to all the members of the 
House of Delegates on the day of the vote. 

Dear Fellow Delegate, 
House Bill 2298 comes before us today on its second reading and final passage. 
This bill would eliminate the 21-day rule of the Virginia Supreme Court which 
prohibits newly discovered evidence from being heard by an appellate court if 
the appeal has not been filed within 21 days of sentencing. While other states 
impose time limitations on when newly discovered evidence must be considered 
by the courts, only Virginia refuses to waive this rule in capital cases. HB 
2298 would allow a condemned man to offer newly discovered evidence only if 
the court believes that there is a significant probability that the prisoner is innocent. 

You may have heard the argument raised that the elimination of the 21 day rule 
would hamper the Commonwealth’s ability to carry out executions in a timely 
manner.  This argument is without merit. Once an execution date is set, no 
court - neither the circuit court nor the Supreme Court - can grant a stay of 
execution unless the inmate shows substantial grounds for habeas corpus 
relief. HB 2298 does not grant any special provision allowing for a stay of 
execution. 

Another argument raised by opponents of HB 2298 is that this bill will invite 
last minute abusive filings by death-row inmates. This simply is not the case. 
HB2298 requires that evidence be presented at the earliest practicable time 
following its discovery. The inmate must make a complete explanation as to why 
the evidence was not discovered previously.  This evidence must establish a 
significant probability that the prisoner is actually innocent of the crime
for which the death penalty was imposed. If these prerequisites are not met, 
the court may reject the bill of review. HB 2298 prohibits the court from 
considering evidence unless it is presented 60 days or more before execution. 
In fact, HB 2298 would eliminate last minute filings and would allow for the 
timely consideration of evidence. 

The final argument against HB2298 is that executive clemency is sufficient to 
prevent the execution of someone who is innocent. Executive clemency is an 
absolutely discretionary act. This is an administrative, not a judicial 
process. There is no requirement, and there can be no expectation that the 
granting or denial of clemency, or the process provided, be uniform or 
consistent. The Commonwealth does not provide an attorney or any other 
assistance regarding clemency. No Governor in recent history has provided for 
a hearing at which evidence could be presented and its credibility judged. 
Please examine the attached editorials from The Virginian Pilot and The Richmond Times-Dispatch. I hope you will join with me in voting for HB 2298 and in doing so, stand for the rights of the innocent.       Sincerely,       Del. Jim Almand 

If you notice your Legislator(s) as one (2) of the patrons, please let them 
know how much you appreciate them supporting the Bill.  Notes to Del. Almand 
supporting his sponsorship of the Bill would also be nice. 

Patrons—Delegates Almand, Abbitt, Baskerville, Brink, Callahan, Christian, 
Crittenden, Darner, Davies, Day, Deeds, Dillard, Grayson, Johnson, Jones, 
D.C., Jones, J.C., Keating, McEachin, Melvin, Moran, Murphy, Plum, Robinson, 
Scott, Spruill, Van Landingham, Van Yahres, Watts and Woodrum;   Senators: 
Edwards, Gratin, Howell, Lambert, Lucas, Marsh, Maxwell, Miller, Y.B., Pucker, 
Ticker and Whittle. 

An Eye Witness Account of the Vote

On Tuesday night, I was sitting in the gallery of the House of Delegates in 
Richmond when the House debated HB 2298. The debate began just at midnight, 
and it did not last long, maybe 15 minutes. Jim Almand (D-Arlington), who was 
the patron of the bill, introduced it and  explained what it did.  His argument was based on fairness -- if you are innocent, you ought to be able to go back to the court that sentenced you and ask that your sentence be changed. 

The second speaker was Tom Baker, a Republican from Pulaski County in 
southwest Virginia. Baker and Almand are co-chairs of the House Courts of 
Justice Committee.  Baker spoke against the bill.  He said that, first off, he 
wanted people to know that he believed there ought to be a death penalty. 
After the execution of Roger Keith Coleman, he had served on a committee 
formed to study whether there should be changes to the death penalty process 
in Virginia, including the 21-day rule. 

According to Baker, the committee looked at many options.  Should the 21-day 
period be extended?  How long?  One year?  Two years?  Any limit you set 
would, he explained, still be arbitrary and block newly discovered evidence at 
some point.  In addition, everyone sentenced to death would seek to use this 
new process, possibly more than once.  The result, he claimed, would be 
nothing less than the end of the death penalty in Virginia.  So he urged his 
colleagues to vote against the bill. 

Now, this is an extraordinary argument.  Baker was saying that if you allow 
innocent people the chance to come in later to offer evidence to prove that 
they were not guilty, the whole system will grind to a halt. If this is the 
best death penalty supporters can do, they are in a lot of trouble.  I thought 
it was, well, overstated.  The criminal  "justice" system is just not that 
fragile.  But even more important, if Baker was right, then what he said calls 
into question the whole idea of the death penalty. If you can't allow the 
system the flexibility to correct mistakes, then you probably shouldn't be 
inflicting a final punishment like death. 

The third speaker was Chip Woodrum (D-Roanoke).  He said he had voted for the 
death penalty in the past, but that he had come to wonder whether that had 
been a mistake.  He urged the idea of fairness and said he would support the bill. 

At this point, Glen Crowshaw (D-Virginia Beach), who planned to vote against 
the bill, made a motion to end debate.  A tired House membership agreed.  With 
debate cut off, the House proceeded to a final vote.  The bill lost, 46-54. 

All in all, there is much good and interesting news in this defeat. At least 3 
points seem important to me. 

First, the vote was surprisingly close.  46 votes out of 100 is not a 
majority, but it is close enough that it gives hope that a bill like this can 
pass in the not too distant future.  The fact that this is an election year, 
by itself, could have cost half a dozen votes and maybe more. 

Second, and equally surprising (at least to me), was the list of who voted on 
which side.  While Democrats tended to be for it and Republicans against, it 
was far from a straight party-line vote.  A number of outspoken anti-abortion 
members (including Bob Marshall and Michelle McQuigg) voted for the bill.  Bob 
McDonnell ended up voting against the bill, but may change his mind some day. 
On the other side, a number of "liberal" Democrats ("liberal" by Virginia 
standards anyway) voted against the bill. 

This vote shows the existence of a coalition in support of this bill that is 
very promising: liberals and pro-life conservatives.  The Catholic Church has 
been "pro-life" and anti-death penalty for years, and it may be that 
opposition to the death penalty is growing among other "pro-life" groups.  If 
so, then a majority for this bill, and for other restrictions on the death 
penalty, may be possible in the not-too-distant future. 

Third, the argument used by the opponents of the bill was not only weak, it 
was startling. They seem to be willing to concede -- even to insist -- that 
there is no way to have a death penalty if you want to allow innocent people 
an opportunity to offer proof of innocence that emerges after the trial but 
before the execution.  It is already federal law that proof of, as they put 
it, "actual innocence" is "irrelevant" to federal reviews of capital 
punishment cases -- so long as the process was correct, it doesn't matter and 
is not our concern, the federal courts say, if the outcome is completely 
wrong.  They seem to be saying that a system which is concededly imperfect 
cannot be fixed.  They want to execute people anyway.  If that is the best 
death penalty supporters can do, then surely it is only a matter of time 
before support for the death penalty itself begins to crumble. 

John Gallini Letter Appeared in the March 22 Edition of the Richmond Times-
Dispatch
Editor, 
     The March 10 Times-Dispatch contains a juxtaposition that highlights our 
society's inability to deal effectively with a culture of violence. 
    Jim Mason's article describes the second slaying in two days on Church 
Hill and quotes Alicia Rasin's plea: "Don't carry a gun, because guns are not 
the solution to any problem." Frank Green's article on the execution of George
Quesinberry notes that, in the next two months, our state will execute seven 
individuals. 
      So in one case our government asks us to believe that violence is not 
the answer, while it regularly demonstrates that it really believes that 
violence (the killing of a convicted person) is the answer in some cases. So 
we should not be surprised if our young people choose to decide in which cases 
violence is the right answer for them. 
     It is time for us to recognize that state-sponsored violence only leads 
to increased levels of violence throughout our society. 
        John Gallini, Richmond. 

UPCOMING EVENTS 
April 1: Rally in the name of juvenile justice sponsored by Amnesty 
International. Speakers include family members of Virginia death row 
prisoners.  Freedom Plaza Park, 14th and Pennsylvania Ave., Washington, D.C. 
3:00-8:00 PM. For more information contact the Mid Atlantic Regional Office of 
Amnesty International at 202-544-0200 
April 8-11: Living Our Faith National Conference organizing the Religious 
Community Against the Death Penalty; San Antonio, Texas. For more information 
contact The American Friends Service Committee at 215-241-7127 
April-11-25: Tennessee Journey of Hope. For more information contact 
615-799-0815 
April 12: Journey of Hope Benefit concert featuring Steve Earle, Jackson 
Browne, Emmylou Harris, the Indigo Girls, and Sr. Helen Prejean; Ryman 
Auditorium, Nashville. 
April 12: 2nd Monday of every month meeting of Virginia People of Faith for 
Alternatives to the Death Penalty; Richmond; 4:45- 6:30. For more information 
contact Kathleen Kenney at the Office of Peace  and Justice of the Catholic 
Diocese of Richmond, 804-359-5661. 
May 1:  VADP Awards Banquet (see enclosed article) honoring long time anti- 
death penalty activist and founder of Murder victims Families for 
Reconciliation, Marie Deans, and long time capital case litigator Gerald 
Zerkin with the Joseph M. Giarratano Award for "Truth in Action". 6PM 
DoubleTree Hotel Charlottesville.  Contact 804-263-8148 for more information 
June 12-15: National CURE (Citizens United for the Rehabilitation of Errants) 
Trinity College, Washington, D.C. Henry Heller, Director of VADP will be one 
of the panelists on a death penalty workshop. 
For more information contact Virginia CURE at 703-765-6549 
June 19: Democratic Breakfast in Charlottesville presentation on Virginia's 
death penalty by Henry Heller, Jefferson Area Board for the Aging, 674 
Hillsdale Dr., 9:30 AM. Contact 804-971-8082. 
June 29-July 2: Annual Fast and Vigil to Abolish the Death Penalty, U.S. 
Supreme Court, Washington. Contact 800-973-6548. 
October 1-3: National Coalition to Abolish the Death Penalty Annual 
Conference, Philadelphia, PA. Contact 202-387-3890 
October 16: VADP Annual Meeting, Charlottesville. 

Top

1998 also saw Virginia in the spotlight of the world when on April 14th, Angel Breard, a Paraguayan national was executed, as Virginia snubbed the World Court and the U.S. State Department. Their arguments that international treaties which call for countries to notify the governments of their citizens being incarcerated were broken, were rejected. 

Not since 1924 had Virginia executed a person who was a juvenile when he committed the crime.  Dwayne Wright, who was 17 and had mental disorders when he murdered Saba Tekle, was executed on October 14. 

VADP would like to extend its condolences to the families and friends who lost the following loved ones in 1998, in the name of the state. Anthony Mackall, Douglass Buchanan, Ronald Watkins, Angel Breard, Dennis Eaton, Danny King, Lance Chandler, Johnile Dubois, Kenneth Stewart, Jr., Dwayne Wright, Ronald Fitzgerald, Kenneth Wilson, and Kevin Cardwell. 

..And while 13 cells were emptied this year, 9 of them were refilled. This is the most sentenced to death in one year since reinstatement. The following men entered Death Row in 1998. Eric Payne and Darrick Walker in Richmond, Mir Aimal Kasi in Fairfax, Bobby Swisher in Augusta County, James Reid in Montgomery County, Brian Cherrix in Accomack County, Darryl Adkins and Dennis Orbe in York County, and Brandon Hedrick in Appomattox. 

Anyone who wishes to become a pen pal to anyone on Virginia’s Death Row can write them at Sussex I State Prison, PO Box 288, Waverly VA. 23890. 

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    "I have come to conclude that, in fact, we apply the death penalty in a very arbitrary manner." — William G. Broaddus, 
         Attorney General of Virginia 1985-86

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Delegate Van Yahres spoke of his reasons for opposing the death penalty. “I don’t believe the government should be taking lives”, he said. He added that there is always the possibility that an error could be made that would lead to the death of an innocent person. He is also concerned that court-appointed lawyers in capital cases sometimes have little experience and inadequate resources. 

He also counseled the group in how to approach their legislators. “Don’t assume that they haven’t thought about the issue. And never, ever say to a legislator, “If you would only think about it.” He also recommended that the best time to talk to legislators is in the Spring and Summer when they are not occupied with the session. (Editor’s note: Not that we shouldn’t talk to them during the session) 

Steven Rosenfield informed the group how defense attorneys are hampered by the system. Defense lawyers are generally not granted investigators and the prosecution is not required to inform the defense as to who they will call to testify. 

The morning session closed with John Tucker speaking about his interest in the Coleman case and how he was disillusioned with the demise of habeas corpus, the right of anyone convicted to introduce evidence of innocence. The conference also brought John and one of the characters in the book, Roger’s friend Robert White, together for the first time. 
The afternoon session was spent with a lively discussion about, “restitution” and training on the Listening Project Survey. 

During VADP’s meeting of the Board of Director’s, Tim Stanton of Chesterfield and Linda Clare-Stanton of Warrenton were elected to serve. Tim has maintained a continued presence at Greensville Prison on the nights of executions. Linda is the coordinator of 

VADP’s Pen-Pal network. Both are very dedicated and bring their talents and enthusiasm to our Board. Troy Reimer was elected Treasurer, and secretarial duties will be assumed by all members of the Board. 

Secretary/Treasurer Sunshine Richards has resigned from the Board. Sunshine was a Board member for 3 years and served as Secretary/Treasurer for 3 years. The Board of Directors would like to thank her for her years of commitment and wish her the best with her future endeavors. 

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On November 14-16, I attended an incredible conference at Northwestern University Law School. The purpose of the conference was to gather together many of the 76 people who have been wrongfully convicted and given the death penalty in the last 22 years and to educate the participants about the frequency of wrongful convictions. Statisically, one of seven death sentences is a wrongful conviction. 

Over 1,200 people were in attendence throughout the weekend. One of the unique aspects of the gathering is that it pulled together attorneys, activists, academics along with those released from death row and scores of members of the press. 

A mix of small seminars and larger lectures took place throughout the 3 days along with a few huge plenaries, which attracted so many people that the overfow had to move to other rooms to watch the speakers on TV's. 

This conference was like no other I have attended. I was in the presence of so many of the great people who have worked so hard to end capital punishment: Micheal Radelet , Hugo Adam Bedau, Anthony Amsterdam, and Bryan Stephenson are a few of the people who spoke during the plenaries. Hearing these incredible people speak, I felt humbled and inspired. 

I chose to attend several of the law related lectures, feeling that the more "activist" related seminars would be similar to things I attended in the past. It was striking, and embarrassing, for me to hear Virgina mentioned repeatedly as one of the worst states in terms of the death penalty. This was brought up in both large and small group situations. Virginia is known as one of the most efficient death penalty machines and everyone is appalled by our 21 day rule. It was not a proud time to be a Virginian. 

One of the highlights of the weekend was when the 35 wrongfully convicted joined together on the stage, each introducing themselves and stating, "If the state had it's way, I would be dead today".  Some told their tragic personal stories and each expressed gratitude to the people who were responsible for getting them off death row. And it was absolutely clear that those who released were NOT released because the "system" works. Each of these people had a person or a group of people who rallied behind and worked long and hard to see that justice was realized. 

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