Coleman was the 2nd person executed this year. (Michael George was executed on Feb. 6, see below). Even though Coleman said, "I have no last statement", when asked for one, he always maintained his innocence. He was sentenced to death for the murder of Richard McClelland in Suffolk in 1985. The jury based their decision mostly upon the testimony of Coleman's accomplice in the robbery who claimed that Coleman pulled the trigger. Coleman had always maintained that his accomplice was the trigger man. Three other men who were in a jail cell with Coleman claimed that he had admitted to them that he pulled the trigger. Two of them later recanted.
Four hours before the execution, U.S. District Judge James Spencer, who had ruled in Coleman's favor before, denied his appeal. Spencer said that while he believed the sentencing was unfair, court precedents and passage by Congress of the Antiterrorism and Effective Death Penalty Act of 1996 limiting death penalty appeals tied his hands. "One cannot morally support the death penalty without some assurance, by evidence or faith, that the ultimate penalty is imposed fairly," the judge wrote. Judge Spencer who 2 years earlier heard an appeal in Coleman's case sent it to the U.S. Supreme Court, calling the prosecution's position "very questionable" and said that Coleman was "ambushed". He was referring to evidence that the prosecution informed the defense of the night before the sentencing phase which would link Coleman to the 1984 murders of a 21 year old mother and her 3- year old daughter.
The U.S. Supreme Court voted 5-4 in 1995 to overturn Spencer's ruling. Chief Justice Rehnquist said Gray was improperly asking the justices to establish a new rule of constitutional law at too late a stage in his appeals. Rehnquist said that while a defendant has a right to know the charges he faces, he does not have a right to get advance notice of evidence the state plans to use to prove the charges. Justice Ruth Bader Ginsburg dissented, writing that Gray was denied a prisoner's basic right to "fundamental fairness."
Earlier in the day Coleman told a newspaper reporter, "I've made great changes in my life . . . since coming to death row . . . and if I have to die tonight, I'll die a much better person than I was when I left the street."
Michael George was executed on Feb. 6 after spending 7 years on death row for the murder of a 15-year-old Prince William County boy. Even though Michael made no last statement, he sent a letter to the boys parents through the chaplain. In an interview given to the Washington Post, the mother of the murdered boy said executing George is wrong and only worsens her pain.
"Personally, I don't feel that there will be any relief. As far as my grief, as far as my loss, it's just compounding a tragedy and adding another tragedy on top of it."
Just 4 hours before the state was going to kill Doug Buchanan, the U.S. Supreme Court granted a stay and decided to hear whether Doug's constitutional rights were violated because the judge refused to give the jury instruction on mitigating evidence he presented in his effort to avoid a death sentence. Defense lawyers are permitted to present mitigating circumstances in the penalty phase of death penalty trials. The problem is that the judge is not required to inform the jury that they can return a sentence other than death as a result of the defendant's mitigating circumstances. Virginia defense attorneys have been arguing this for years to no avail. It appears that persistence has paid off for Gerald Zerkin, Doug's lawyer.
Doug, who was 19, was sentenced to die for the September 1987 killings of his father, stepmother, and 2 stepbrothers. Doug's mother died when he was 10. His eventual stepmother moved into the family residence while Doug's mother was ill at home. His father and stepmother forbade Doug to visit his mother's grave as well as rendering other forms of emotional abuse. The case, which has national significance, will be heard at the end of the year. If the Supreme Court rules in Doug's favor, it could order a new sentencing hearing.
On March 19 , the U.S. Supreme Court heard arguments in the case of Joseph O'Dell who received a stay 3 months earlier as he sat in the death house awaiting his execution. The Court decided not to hear Joe's claims of innocence based on DNA testing and the recantation of a witness who said that Joe confessed to the murder while they were both in jail. Instead the Court heard arguments concerning the retroactivity of its 1994 ruling that said sentencing juries must be told the alternative to a death sentence would be life in prison without chance of parole. Since Joe was sentenced to death in 1988, the jury was not given that option. The justices seemed divided with Rehnquist, Scalia, O'Connor, and Kennedy appearing more hostile while Breyer and Souter appeared more sympathetic. Stevens and Ginsburg participated in the questioning, while Thomas was silent throughout. A ruling is expected in July.
After the hearing 4 members of the Italian parliament along with Joe's legal team held a press conference outside the Court. The parliament members, along with about a dozen other supporters, emphasized Joe's innocence calling for a new trial.
Many tourists, especially high school students were at the Supreme Court coincidentally and were very interested in the issue. One of the groups of high schoolers were on their way to meet with their legislators and planned to discuss the issue with them as a result of VADP members handing out information and engaging the passersby in conversation. A man and his daughter from Montana spoke about having a close friend murdered. They were in favor of the death penalty, yet they took the time to dialogue with, "the other side." Much was accomplished in a short time. Support was shown for Joe O'Dell and consciousness was raised about the death penalty.
January 17 marked the 20th anniversary of the execution of Gary Gilmore in Utah and the resumption of executions in the United States. A group of nearly 50 people decided to mark the occasion by protesting at the U.S. Supreme Court. 18 of those made their way to the top steps of the Court and unfurled a 30-foot banner that read "STOP EXECUTIONS", while others conducted a press conference and held signs on the sidewalk below. For 15 minutes, the "DC18" chanted and sang ignoring orders from police to leave the area until one by one they were led away. While some were led away under their own power, others who refused to cooperate were either dragged or picked up by four officers. Federal law prohibits demonstrations on Supreme Court property. Representing VADP were Jon Holtshopple and John Steinbach who were arrested, and Joan Betz, Sunshine Richards, and Henry Heller who were support people monitoring the movement between the Supreme Court and two police stations until 12 of the 18 were released that night. Four of the protesters elected to spend the night in jail rather than be bailed out. Protesters came from all across the country and one came from Leipzig, Germany to participate in this act of civil disobedience. 16 of the protesters pleaded not guilty at their arraignment the next day and will go to trial on June 26. The judge sentenced the two who pleaded guilty to 30 days of unsupervised probation and $50 in court costs. While clearly indicating they were guilty of violating the law, the judge encouraged the demonstrators to continue their anti-death penalty advocacy. In an impassioned and moving 10- minute statement before he was sentenced, German citizen Thomas Dornheck condemned America's human rights record on the death penalty, invoking the horrors of executions committed by the Nazis in his native country, and emphasizing his commitment to non-violent action. "I violated the law," Dornheck said, "but the United States violates human rights."
After spending a very intense day in sub-freezing weather, incarcerated for a day (some with their hands cuffed for more than half of it), moved around from detention in a holding area at the Court, to a police station for five hours while their paperwork was being processed, to the city jail where they waited another four hours until 14 of the 18 were finally released late that night, the protesters held out remarkably well under adverse conditions. They are to be commended for this act of bravery and the willingness to break the law and be incarcerated to show that the death penalty is wrong. As Marietta Jaeger from Detroit whose own little girl was murdered said, "I need to be obedient to a higher law. It's been this country's inexorable history that there were laws that were determined to be immoral, and they were only changed when people got out into the streets and addressed that immorality."
On the weekend of March 1, VADP Board members Joan Betz and Jon Holtshopple joined over 50 abolitionists from around the country and abroad in Detroit to strategize about ways to see an end to the death penalty, "in our time." This historic meeting sponsored by the newly formed Citizen's United for Alternatives to the Death Penalty chose Detroit as Michigan is marking 150 years of no death penalty. Brainstorming was done in both large and small groups. Most of the attendees agreed that one of the major obstacles in abolition work is the lack of funding. Some of the priorities identified were the need for a professional media campaign, increased public education, more direct action, central coordination of the movement, and better coalition building. The spirits of the group were given a huge lift with the presence of Congressman John Conyers of Michigan, a vocal death penalty opponent. On Saturday evening, participants joined with members of SOSAD (SAVE OUR SONS AND DAUGHTERS) for a moving memorial service. This was the 11th annual event for SOSAD, a group consisting largely of African American parents of children who have been murdered. The summit challenged and energized the participants to continue on with their work and helped those present to realize that they are far from alone in their struggle. (editor's note: Special thanks to Joan and Jon for spending 2 days on the road to travel to Detroit to represent VADP at the summit and Joan for passing on her report.)
While the usual expansion bills were introduced it was the Capital Case Bill of Review (21-day rule bill) which many people worked so hard on, which was of greatest concern during this years General Assembly. Also known as HB 2401, the bill that would have allowed death row prisoners to introduce newly discovered evidence until 60 days before their execution and would have allowed those whose sentences were commuted (Joe Giarratano, Herbert Bassett, Earl Washington, and Joseph Payne) to introduce their evidence, was killed in a subcommittee of the House Courts of Justice. We were informed that the Governor and the Attorney General lobbied very hard against the bill. Whereas we may have lost the battle, it just means that we have another year to inform our legislators about the bill and the need to correct this terrible injustice. Letters of encouragement can be sent to Del. Jim Almand (2060 N.14th St., Suite 206, Arlington 22201) who sponsored the bill and to the following patrons: Delegates Darner, Plum, Van Landingham, and Woodrum). Through the year please contact your state representatives. If you want the exact wording of the bill, please contact VADP and we will get the information out to you. Other bills which passed: The murder of a law enforcement officer from the federal government or other states who have the power to arrest for felonies (HB 2911, SB 774). The willful, deliberate, and premeditated killing of more than one person, within 5 years of another killing (SB 513). The murder of a pregnant woman with the intent to kill the fetus (SB 495). One expansion bill that failed was the murder of a child under the age of 16 by an adult in a supervisory or custodial role (HB 1670). In other related bills: HB 2489 which would have provided for unmonitored telephone conversations between prisoners and their legal counsel as well as allowing certain members of the media credentialed by the Dept. of Corrections reasonable access to prisons was narrowly defeated in the Senate after passing in the House. This bill which puts checks and balances on the prisons will more than likely be reintroduced next year.
A series of articles by reporter Frank Green of the Richmond Times Dispatch reporting on Virginia's record year of executions in 1996, captured the unanimous votes of the judges for the Death Penalty Information Center's first annual Thurgood Marshall Journalism Awards. The awards are presented for excellence in portraying and analyzing the problems associated with capital punishment.
The Thurgood Marshall Journalism Awards are named in honor of the late Supreme Court Justice who believed that the death penalty would be abolished once people understood more fully how it really works. Justice Marshall wrote, "The question with which we must deal is not whether a substantial number of American citizens would today, if polled, opine that capital punishment is barbarously cruel, but whether they would find it to be so in light of all information presently available.
Frank overcame the personal stress of researching and reporting on the record 5 executions in 3 weeks during the holiday season last year. He also drew attention to Joseph Payne's issues of innocence so the public could better realize that the state was about to execute an innocent man. Frank was also able to draw national attention with his report on the emerging trend of juries choosing life sentences over the death penalty when parole is no longer an option. Frank is to be commended for his steadfast resilience in witnessing executions when no other member of the Virginia Press would or could so, "the people of Virginia need to know what's going on here." Letters of encouragement can be sent to Frank Green, News, Richmond Times Dispatch, PO Box 85333, Richmond 23293. CONGRATULATIONS & KEEP IT UP, FRANK!!!!!!!!!
George Mason University's Catholic Center is proud to sponsor An Evening with Sr. Helen Prejean, famed author and abolitionist on Thursday evening October 30 at George Mason Univ. If you missed the chance to be amongst the 1400 people who crowded into the Cathedral in Richmond during the Journey of Hope to hear this remarkable woman here is your chance. Contact 703-425-0022.
June 7-11 CURE (CITIZENS UNITED FOR THE REHABILITATION OF ERRANTS) national convention in Washington, D.C. contact Jean Auldridge 703-765-6549.
June 17, 18 Virginia Peace Summit IV gathering of Peace, Justice, and Environmental Centers of Va. At Tabor Retreat Center in Lynchburg. Contact Bob & Adele DellaValle-Rauth 540-297-6493
June 20-22 National Coalition to Abolish the Death Penalty Annual Conference, Houston, TX, contact NCADP at 202-347-2411.
June 21 Founding Convention Virginia Organizing Project at Smith Mt. Lake 4-H Center, contact VOP at 804-984-4033.
June 26 Trial for the DC 18, arrested for unfurling a banner, "STOP EXECUTIONS" on the top steps of the U.S. Supreme Court. Contact VADP 804-263-8148
June 29-July 2 4th annual Fast and Vigil marking the moratorium and reinstatement of the death penalty at the U.S. Supreme Court. Major rally on Sunday the 29th. Contact VADP 804-263-8148.
August 5-9 11th Annual Pilgrimage to the U.S. Peace Places. 165 miles from Appomattox to Yorktown. Contact Chris Barret 804-846-6475.
As a result of a recent wave of high profile murders in Washington, D.C., including the murders of 2 police officers, efforts are underway by members of the U.S. Senate to reintroduce the death penalty to the District. Efforts to bring the death penalty back failed in 1992 when the citizens of the district overwhelmingly rejected it. Senate Bill 294 (also known as "The Officer Brian Gibson District of Columbia Police Protection Act") introduced by Kay Bailey Hutchison of Texas and co-sponsored by Virginia Senator John Warner, would impose the death penalty for the murder of a law enforcement officer in D.C. Senate Bill 3 (The Omnibus Crime Control Act ot 1997), introduced by Orin Hatch of Utah and co-sponsored by Warner as well, would not only impose the death penalty in D.C. but would do so regardless whether a murder was committed. It would also lower the age eligible for death from 18 to 16.
If the Congress of the United States were really concerned about the murder rate in the District they would stop taxing the D.C. judicial system and the Metropolitan Police Dept. with the responsibilities of the Federal Government. A perfect example is the Jan. 17 action at the Supreme Court where 18 people were arrested for holding up a banner on the steps of the Supreme Court. Even though the Supreme Court Police made the initial arrest, the protesters were then taken to a local police precinct and later taken to the D.C. Jail where 4 of the protesters were incarcerated overnight. They spent the next day in the local court system where they were given a preliminary hearing. They will return to another local court for trial on June 26. The local D.C. system is terribly burdened by the Federal Gov't. They are understaffed as a result of providing law enforcement to Federal Gov't officials and due to the fact that they are busy with the mounds of paperwork generated by the Gov't. This leads to low morale as well as being short-handed in dangerous areas of the City. By co-sponsoring these bills, Sen. Warner is showing his ignorance of the issue and the overlying concerns and needs of the citizens of the Capitol. Interesting, how the Senator who wants to keep government off the backs of the people wants to ram the death penalty down the people's throats!
Write to Senator Warner and voice your outrage at his decision to co-sponsor these bills and meddle into the affairs of the citizens of Washington, D.C. Senator John Warner 225 Russell Bldg. Washington, D.C. 20510 phone 202-224-2023 fax 202-224-6295
Senator Warner also has local offices in Richmond, Norfolk, Abingdon and Roanoke. Call VADP at 804-263-8148 for those numbers.
As we briskly exited the Methodist Building into the bitterly cold and windy January street last winter, my mind went back twenty years to a similar day in Ann Arbor, Michigan. Until the week of January 15, 1977, I had given little thought to the Supreme Court decision that legalised the death penalty, and less thought to Gary Gilmore, a convicted murderer from Utah(?). But as the day of his scheduled execution approached I examined my conscience and decided that I would take action. When I approached various human rights and religious groups in the community, the response was invariably the same; 'We don't think the government will carry out the execution, and besides, we have other, more important issues to work on. On the day of the execution I pondered my choices; if I held an individual protest at the Post Office it would undoubtedly attract little attention, but if I protested at a more central location I might have an impact. My choice for the vigil was the middle of the "Diag" on the University of Michigan campus(where I was an Environmental Studies major). The forecast was for temperatures in the low-teens so I dressed warmly, made a protest sign, purchased several candles, and put new batteries in my transistor radio. Hour after hour I sat and talked with fellow students about the impending execution and my feelings about the death penalty. As the moment of carnage approached in the early morning hours, a small group of students sat with me in a silent candlelight vigil. Finally the radio announced the execution and we all returned to our dorms, and in my case, began a life-long commitment to abolish the death penalty.
It was during the Virginia "Journey of Hope" that the idea of a civil disobedience at the Supreme Court was first discussed, and about two dozen of us agreed to keep in touch under the leadership of Abe Bonowitz. The decision was made to meet the weekend of January 15, and to risk arrest on the steps of the Supreme Court. The Community for Creative Nonviolence(CCNV), the largest homeless shelter in the U.S., and run by the homeless themselves, agreed to host us for the weekend in the staff dormitory. My wife Louise and I attended a planning meeting the night before the protest, where it was decided that I would pose as a tour guide taking a group of tourists through the Court. We decided on this strategy because our fine lawyer "spilled the beans" about our civil disobedience intentions to the Supreme Court Police who, forewarned, would be awaiting us.
Friday, January 15 dawned the coldest day of the winter with winds gusting to 30 mph. We all met in the Methodist Building to finalise our plans and, while the rest of the group left for a legal press conference on the Court sidewalk, waited the moment of truth. Finally the signal arrived and we briskly walked across Maryland Avenue where a phalanx of Police converged on us. I started lecturing in a loud voice about the architecture and history of the Court, and a police supervisor said "it's just a bunch of tourists, lets get back in position." Our ruse gave us ample opportunity of mount the upper steps of the Supreme Court and unfurl our gigantic banner with the words "STOP THE KILLING!(?) emblazoned across the front. The arrests took over 15 minutes while the banner continued to fly proudly. We were slowly and carefully booked and transported to the Second Precinct where we were booked and held again. It was over six hours before we were allowed to go to the toilet(future protesters take note). Were finally taken to the Central Holding Cells in the basement of the District Court Building where we were held until 10PM, 12 hours after our initial arrests. We had passed the time singing songs, telling stories, talking to police and talking strategy.
The next morning at 10PM we were ordered to appear before the Judge, and by 9:30 we were gathered outside the courtroom in conference with our lawyer. We waited, and waited and waited. The system was a Judge short, and our Judge had a double load. He had decided to make us wait until the very end. When it was finally our turn each of the "Supreme Court 18" pleaded Not Guilty, except Thomas from Germany who didn't wish to risk his visa, and me, because I had a conflict with the proposed trial date. We were finally released about six o'clock that evening, and proceeded back to CCNV for an evaluation meeting.
I have been arrested for civil disobedience many times over the past
twenty years, but the experience is never the same and is always worthwhile.
Being in jail allows one to think clearly about the reasons for ones feelings
and commitment to a cause, and empowers one to continue the struggle. If
you have never been arrested for your beliefs, I strongly recommend the
experience as spiritually and morally uplifting. I guarantee that you will
be stronger and more committed for the act. As the "Execution Express"
picks up speed, we in the Abolition movement must be prepared to escalate
our response, including our commitment to civil disobedience.
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