Summer 1999
VADP Banquet
Disraeli once referred to justice as “Truth in Action”. So how `bout the Joseph M. Giarratano Award for “Truth in Action”. - Joe’s response for a name for the award given in his name.On May 1, VADP reached another pinnacle in our 7 year existence when we held our first Awards Banquet. Nearly 175 people packed a ballroom at a Charlottesville area hotel for this momentous occasion as VADP’s work was recognized and the first Joseph M. Giarratano Award for “Truth in Action” was awarded to longtime anti-death penalty activist and founder of Murder Victims’ Families for Reconciliation, Marie Deans, and expert capital case litigator Gerald Zerkin.
We were also honored with the presence of Actor/Producer/Activist Mike Farrell and his wife Shelley Fabares as they made the journey from California to be with us. Others traveled from Florida, Alabama, Kansas, Pennsylvania, New Jersey, Maryland,Washington, DC, North Carolina, South Carolina, including the national Board of Directors’ of Murder Victims’ Families for Reconciliation and the National Coalition to Abolish the Death Penalty.
They were joined by activists from all across Virginia just to be a part of this special day, which began with a reception at the home of Leonard & Rhoda Dreyfus. We were also very privileged to be honored with the presence of retired Federal Court Judge Robert R. Merhige, Jr. But of all the prominent people speaking that evening, the crowd was most impressed with the honorable Mayor of Charlottesville, Virginia Daugherty who read a proclamation, proclaiming May 1, 1999 as Joe Giarratano Day.
The air was full of excitement as people mingled with old friends and acquaintances, as well as making new connections. We actually managed to change some minds amongst a few who accompanied their spouses and a few hotel employees who approached us after everyone left to tell us how moved they were by the presentations, which included an ABC News 20/20 segment from 1990 on Joe’s case. They were so moved that they found they could no longer support the death penalty.
We also received a good bit of publicity from the local paper’s article the next day where the spokesman for the Attorney General responded to the Awards Banquet by saying, “Naming an award after a heinous murderer like Joe Giarratano is an embarrassment. The only thing worse is receiving it.” This touched off a wave of letters to the editor which were printed in the Richmond Times-Dispatch condemning the Attorney General’s comments and inviting the Attorney General to call for a new trial for Joe. Even the director of the Dept. of Corrections chimed in with a letter condemning the Award and VADP. In his 4- paragraph letter, Mr. Angelone mentions VADP by name 3 times.
Anyone who would like the evening’s program or the articles written about the event along with the Letter’s to the Editor can do so by contacting us. For those who were able to join us, we were glad that you could make it. For those who were unable to make it, we hope to see you at the next Awards Banquet.
Supreme Court Rejects Strickler Appeal- July 21 Date Set
On June 17, the U.S. Supreme Court turned down the appeal of Tommy Stricklerwho was sentenced to death for the 1990 murder of Leann Whitlock, a student at James Madison University. The high court had stayed his execution on September 14 of last year, based on evidence presented by Tommy’s attorney’s showing that the Harrisonburg Police Department improperly withheld evidence that could have made a difference in the outcome of his case.
Writing for the 7-2 majority, Justice John Paul Stevens said that Strickler had not shown that the withheld evidence, conflicting statements by a witness, would have made a difference in his conviction or sentence. But according to evidence uncovered by Tommy’s lawyer Barbara Hartung of Richmond, five Harrisonburg Police documents withheld from the defense could have impeached the credibility of the lone witness who testified that she
saw Tommy and two others abduct the 19 year old student from a mall parking
lot.
The majority agreed with the assistant Attorney General’s claims that there
was ample other evidence to show that Tommy was the murderer and the trial
outcome would have been the same even without the witness’ testimony. The
Justices pointed out that Tommy needed to show three things: that the
evidence in question was favorable to him; that it was suppressed by the
State, either willfully or inadvertently; and that it must have caused
prejudice to his case. They said that he proved the first two, but not the
third. Justices Souter and Kennedy dissented.
Tommy will also be the first white person in Virginia executed for killing a black person.
Please contact the Governor and ask him to commute Tommy’s sentence to Life
in prison.
Gov. James Gilmore
PO Box 1475, Richmond, VA 23212
Phone (804) 786- 2211
Fax (804) 786-3985,
www.state.va.us/governor/govmail.htm.
Three More Executions Set through September 1
August execution dates have been scheduled for Marlon Dewayne Williams(August 17) and Steve Roach (August 25). These executions for these two men
are particularly disturbing since Dewayne has been on Death Row less than 4
years and Steve, just over 4 years.
Dewayne was sentenced to death for killing a Chesapeake woman whose
estranged husband hired him and who received a life sentence. As a child, Dewayne
suffered from severe physical and emotional abuse at the hands of his
parents. At trial, he refused a psychiatric evaluation and his mitigating
circumstances presented were minimal. He feared that people would think
that he was crazy. He gave up the right to a jury during sentencing and although
the judge complained about the lack of expert health testimony, he
sentenced Dewayne to death.
Steve Roach was 17 when he was arrested for killing his 70 year old
neighbor in 1995 and is one of 4 juvenile's on Virginia's death row. After his
conviction, the Greene County jury recommended a death sentence based on
future dangerousness. As a juvenile, Steve had been convicted of two auto
thefts, a parole violation, and a breaking and entering charge. His
attorney's have argued through the appeals process that no death-row
prisoner sentenced to death for future dangerousness, has had a less significant rap
sheet before the murder charge.
Virginia's first execution of a juvenile in 70 years was carried out last
October when Dwayne Wright was executed. Nationwide 13 juveniles have been
executed since 1976.
A judge has set a September1 date for Lonnie Weeks who was convicted of
killing a state trooper in 1993 in Dale City.
His current attorney's are appealing on the grounds that his initial
appeals attorney's filed his state habeas petition one day late. They are also
challenging the fact that the judge refused to clarify the juries confusion
concerning mitigating evidence.
Please contact the Governor at the address and numbers above to protest
these killings.
Governor Commutes First Death Sentence
For the first time since taking office a year and a half ago, Gov. JimGilmore commuted a death sentence to life without parole. On May 12, 4
hours before Calvin Swann was to be executed, for robbing and killing a 62- year
old Danville man in his home in 1992, Gov. Gilmore commuted Calvin’s death
sentence citing mental case records spanning over 25 years, of “repeated
diagnoses of severe schizophrenia and behavior that is at times nothing
short of bizarre and totally devoid of rationality.”
According to Rob Lee, an attorney for Calvin, when Calvin was given the
news, “there wasn’t much of a reaction. He just continued pacing back and forth
in his cell. He truly did not understand what was going to happen to him.”
During trial, an all-white jury heard very little about Calvin’s mental
illness history. They never heard that he had been committed to psychiatric
hospitals at least 16 times, as being diagnosed with schizophrenia 41
times, psychotic 31 times, and receiving eight different anti-psychotic drugs. The
trial judge refused Calvin’s attorney to have a psychiatrist assist him.
Along with psychiatric experts who testified after Calvin was sentenced to
death that they had seen only one other patient exhibiting stranger
behavior, Danville Prosecutor William Fuller admitted that if he had been given the
option of true life without parole, he would have opted for that. A number
of pro-death penalty legislators had also written the Governor supporting him
if he made the decision to grant clemency.
Nationally, it was only the 40th time clemency has been granted in a death
penalty case since 1976.
U.S. Supreme Court Stays Terry Williams’ Execution
Four days before a Danville’s man April 6 execution date, the U.S. SupremeCourt announced that it would take up the case of Terry Williams, citing
his claims that he had not received adequate legal assistance at trial. In its
order agreeing to hear the case, the Court said it would focus on standards
for permitting a prisoner to challenge a death sentence as well as the
interpretation by the federal appeals court of the role of federal courts
in reviewing state capital convictions under the Anti-Terrorism and Effective
Death Penalty Act of 1996. The ruling came as a surprise to all since
advocates for Terry felt that he was not guilty of murdering a Danville man
in 1985 (see VADP ACTION, Spring 1999) and if any relief would be given, it
would be from the Governor.
A massive state-wide publicity campaign orchestrated by Terry’s lead
attorney Brian Powers and his assistants with the help of VADP, was able to
publicize the case of a very possibly innocent man who was about to be executed.
Terry’s lawyer’s filed an extensive clemency petition with Gov. Gilmore
which included pleas for clemency, or a careful review of the case, from more
than a dozen state legislators, the Danville mayor, vice mayor, two members of
City Council, area religious leaders and the dead man’s two daughter’s.
Additionally Danville Circuit Court Judge James Ingram and U.S. District
Court Judge James Cacheris of Alexandria agreed that Terry's trial
attorney’s did not present witnesses and evidence that could have led a jury to
recommend a life sentence. The High Court will hear the case this fall.
Virginia Supreme Court Stays Chris Thomas’ Execution
On June 16, five hours before the State was to execute Douglas “Chris”Thomas, age 17 at the time of the crime, the Virginia State Supreme Court
stayed the execution. This was the first time since reinstatement of the
death penalty in 1976, the Virginia Supreme Court intervened to stay an
execution. The stay was based on a decision the Court had made the week
before, that state law requires juvenile courts to notify both parents when
a juvenile is charged as an adult. Chris’ biological father had not been
notified in 1990 when Chris was charged with murdering the parents of his
girl friend in Middlesex County.
This law was changed to require the State to notify only one parent just
this year by state legislators, but did not go into affect until July 1.
The decision can not only effect thousands of juveniles in the system, but
Virginia’s three other juvenile death row prisoner’s, Steve Roach, Chauncey
Jackson, and Shermaine Johnson.
The President of the American Bar Association and Human Right’s Watch had
joined in calling for the Governor to commute the sentence. Two people were
arrested and received summonses earlier in the afternoon at a protest rally
at the Capitol, when they unfurled a sign and “blocked” a gate leading to
the Capitol grounds.Chris’ case is likely to be heard this fall.
Pax Christi Group Calls For Moratorium
“The St. Francis Pax Christi group brought a resolution calling for amoratorium on the death penalty before the Pastoral Council of St. Francis
of Assisi Parish in Triangle, Virginia, on May 15, 1999. The Council agreed
to consider the resolution after input was received from the parish at large.
A series of educational opportunities have been planned to provide
parishioners and/or Council members opportunities to examine various aspects of the
death penalty.
On July 11, 1999, Robert Lee, Director of the Virginia Capital
Representation Resource Center will address issues specific to “Virginia and the Death
Penalty”, including the 21 Day Rule. On July 25, Pat O’Shea, parishioner
and educator, will consider an “Overview of the Death Penalty” and provide a
background on the issues to be considered by the parish. On August 8, 1999,
Ken Himes, OFM, from the Washington Theological Union will speak on the
“Death Penalty and Catholic Social Teaching.” And on August 22, 1999,
Ricardo Villalobos of Murder Victim’s Families for Reconciliation will examine,
"the Death Penalty from the Perspective of the Victim’s Family.”
For further information and to confirm dates and speaker’s contact Jeanne
Mitcho during the day at (703) 490-1004 or in the evenings at (703)
670-8039.
Supreme Court Rules Lilly’s Constitutional Rights Violated
In an unprecedented victory for a Virginia death row prisoner, the U.S.Supreme Court ruled unanimously on June 10 that Benjamin Lilly’s rights
were violated during his 1996 Montgomery County trial for the murder of a
Virginia Tech student. The high court’s decision reverses a unanimous Virginia
Supreme Court ruling and sends the case back to the state court to determine
whether Ben will get a new trial.
At issue was a confession made by Ben’s brother, Mark, who along with a
third accomplice were involved in the murder of Alexander DeFilippis on December
5, 1995. Mark had made a deal with the Commonwealth’s Attorney to testify
against his brother, but backed out at the trial. However, the judge
allowed the jury to hear the taped confession despite objection’s from Ben’s
defense lawyers that the statement was devastating hearsay, which they couldn’t
cross-examine.
This marks the first time since reinstatement that the U.S. Supreme Court
has taken up a Virginia death row case, then reversed and remanded it. When the
Virginia Supreme Court hears the case in September, the state will have to
prove beyond a reasonable doubt, that Mark Lilly’s taped statements did in
no way lead to the jury’s decision of his brother’s guilt. If they do not, Ben
could receive a new trial. If the court finds the violation to be “harmless
error”, it could affirm the conviction, which would then be appealed by
Ben’s lawyer’s to the U.S. Supreme Court.
Starvin' For Justice '99: A First-Timer's Perspective
by Tim StantonThe 6th Annual Fast and Vigil at the Supreme Court ran from June 29
to July
2 this year, as it has since 1994. I participated for the first time
this
year, and it won't be my last.
The event begins on June 29, the anniversary of Furman v. Georgia in
1972
which ruled the death penalty (as then proscribed) unconstitutional,
and
ends on July 2, the anniversary of the restoration of the death penalty
(Gregg
v. Georgia, 1976). The four days consist of leafleting and talking
to
passersby.
Also included in the four days was a noontime rally on the first day,
and a
nighttime concert by musican and recording artist Steve Earle on the
third
night. But the highlight really is getting to know and work with
abolitionists from around the country, and sharing the experience with
them–an experience that the fasting helps to foster. I was able to
put
faces and personalities with the names I'd heard often in this movement–such
as
Earle, Journey of Hope from Violence to Healing founder Bill Pelke,
Citizens United for Alternatives to the Death Penalty director Abe
Bonowitz and
really got to talk in depth with each.
Workers from Amnesty International, the ACLU, NCADP, and other local
organizations visited frequently. Also taking part were VADP Board
members,
Joan Betz and Henry Heller as well as other VADP members who dropped
by
periodically.
Fasting is not required, but I did, and found it remarkably easy WHEN
I got
enough sleep - I learned quickly that the body doesn't like the combination
of no food and no sleep. But four days without food can be done in
this
setting, with no food around and lots of people who can empathize with
you.
I recommend the event to you for next year. I plan not to miss it,
if at
all possible.
Four Foreign Law Student Interns Need Housing in Richmond Area
Four law school interns from Ireland and England will be arriving this Fallto assist at the Virginia Resource Center. To keep their expenses at a
minimum, they are looking for available housing with host people (families)
in the Richmond area. Anyone interested in helping out, please contact VADP
at (804) 263-8148 or mail@vadp.org.
First Local Bar Association Passes Moratorium Resolution
Becoming the first local lawyer’s organization to call for a moratorium onthe death penalty, the Charlottesville- Albemarle Bar Association on April
14 passed a resolution mirroring a similar resolution passed by the ABA in
1997.
The motion presented by VADP Board member Steven Rosenfield, clearly passed
on a voice vote. The resolution urges the Governor and the State
Legislature to suspend executions until steps are taken to: –ensure that death penalty
procedures are administered fairly and impartially; –minimize the risk that
innocent persons may be executed; –strive to eliminate discrimination in
capital sentencing on the basis of the race of either the victim or the
defendant, and –prevent the execution of mentally retarded persons and
persons who were under the age of 18 at the time of the offense.
When asked to respond to the resolution, David Bodkins, spokesman for
Attorney General Mark Earley (who is never at a loss for words of
ignorance), said, “All the concerns raised by the resolution are all currently in place
in Virginia: the death penalty is administered fairly; there are safeguards
to keep innocent people from being executed; and there is no discrimination
in sentencing. With all due respect to the Bar Association, they should be
glad that Virginia has the most fair, balanced, and carefully implemented
system in the country.”
Your comments can be sent to Attorney General Mark Earley, 900 E. Main St.,
6th floor, Richmond, 23219
Virginia Religious Leaders Denounce Executions
On March 22, Virginia religious leaders from a number of different faithsgathered to denounce the ongoing use of the death penalty in Virginia. The
leaders gathered as Virginia was in the midst of killing 6 men between
March 9- April 29. Led by vocal anti- death penalty crusader Bishop Walter F.
Sullivan, leaders from the Baptist, Presbyterian, Episcopalian, Unitarian,
and Jewish communities, called upon the state to end the circle of
violence, noting that it was the Easter and Passover season.
UPCOMING EVENTS
Month of July: Contemporary American Theater Festival, Shepherd
College,
Shepherdstown, WV. A play about the relationship between 2 diverse
death
row prisoners and how they deal with one receiving an execution date.
On July 17 at 4:30, there will be a presentation by Dr. Paul Kradle,
Chief
Psycologist of a Maryland prison. VADP will have a table at the evening
performance.
After the July 21 performance, there will be a post show discussion
with a
death penaly expert, the cast, and the audience. Note: The State of
Virginia is scheduled to execute Tommy Strickler at 9 PM that evening.
For
performance dates and times contact (800) 999- CATF. www.catf.org
July 25: St. Francis of Assisi, The Death Penalty: A Context,
Pat O'Shea,
Educator. Contact Jeanne Mitcho at (703) 670- 8039
August 2-8: Annual Virginia Pilgrimage to U.S. Peace Places,
165 miles,
Appomattox to Yorktown. Contact Chris Barrett at (804) 846-6475.
August 8: St. Francis of Assisi, The Death Penalty and Catholic Social
Teaching, Kenneth Himes, OFM, Washington Theological Union. Contact
Jeanne
Mitcho at above.
August 29: St. Francis of Assisi, The Death Penalty from the Perspective
of
the Victim's Family, Ricardo Villalobos, Murder Victims' Families
for
Reconciliation.
August 13-15: Amnesty International Faith in Action on the Death Penalty
Seminar: Chevy Chase
4-H Center in Chevy Chase, Maryland. Contact 202-544-0200 x.268
September 30- October 3: National Coalition to Abolish the Death Penalty
Annual Conference, Philadelphia, PA. Contact 202-387-3890.
October 8-10: 2nd Annual National Weekend of Faith in Action on the
Death
Penalty. Contact
1-800-AMNESTY x-508.
October 16: VADP Annual Conference, Charlottesville