BILLS TO ABOLISH 21 DAY RULE INTRODUCED
Two bills to repeal Virginia’s dreaded 21 day have been introduced in the House of Delegates. The Capital Case Bill of Review– renumbered HB 606– has been introduced by Delegate Ken Plum of Reston. Delegate Jim Almand of Arlington who introduced the Bill last year is introducing a similar bill, HB933. HB 933 calls for an outright repeal of the 21 Day Rule while HB 606 puts a time limit of 60 days prior to the execution, that the condemned has to introduce a "Capital Case Bill of Review." A group of activists from Richmond who have been actively working with the delegates on the bill are finding bi-partisan support in the Legislature. It is urgent that our members contact members of the House Courts of Justice as well as their own legislators. (A complete list of members on page 2).
We actually have a chance to make some serious progress this year, but we need your help. Legislators often base their votes on the amount of calls they receive.
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GENERAL ASSEMBLY ALERT
Chip Woodrum (16th district- Roanoke) has introduced a bill which increases the time that a habeas corpus petition can be introduced (HB 622).
Letters of gratitude can be sent to delegates Woodrum, Almand, and Plum via the Gen. Ass. at PO Box 406, Richmond, 23218.
You can see a summary of any bill and keep up with the proceedings in the Gen. Assembly by accessing their web site, http://legis.state.va.us and go to bill status or access our web site at http://www.vadp.org.
There are also a number of bills to expand the death penalty (as usual).
HB 97- murder of member of crime watch program
HB 107- murder of child under 16 by custodial adult
HB 251- murder of spouse or former spouse
HB 381- reduces the amount of drug transaction of a drug kingpin (also see HB 361)
The members of the House Courts of Justice need to be contacted especially concerning the 21 day rule bills. You can do this in 2 ways. Call the Legislator's hot line and give the information to the operator. That number is toll free 1-800-889-0229.
Below is the list of the members of House Courts of Justice, locale, & office phone # if you want to speak directly to their office. The Gen.Ass. has simplified phone numbers. The preface and first 2 numbers for all legislators is 804-698-10xx. Then just add the district that they represent. Example: Jim Almand would be 698-1047.
Jim Almand (Co-Chair) – 47th district, Arlington
Thomas Baker (Co-Chair) – 7th district, Dublin
David Albo – 42nd, Springfield
Ward Armstrong – 11th, Martinsville
Eric Cantor – 73rd, Richmond
Dick Cranwell – 14th, Vinton
Creigh Deeds – 18th, Warm Springs
Morgan Griffith – 8th, Salem
Paul Harris – 58th, Charlottesville, Albemarle,
Greene, Rockingham
William Howell – 28th, Fredericksburg
Johnny Joannou – 79th, Portsmouth
Joe Johnson – 4th, Abingdon
Jerrauld Jones – 89th, Norfolk
Terry Kilgore – 1st, Gate City
Roger McClure – 67th, Centreville
Robert McDonnell – 84th, Virginia Beach
Donald McEachin – 74th, Richmond
Michele McQuigg – 51st, Occoquan
Ken Melvin – 80th, Portsmouth
Brian Moran – 46th, Alexandria
John Rust – 37th, Fairfax
John Tate – 5th, Marion
Vivian Watts – 39th, Annandale
In the Senate, 4 expansion bills have been introduced.
SB 90 – murder of a witness who will testify
in court
SB 149 – murder of a member of a neighborhood
watch program
SB 222 – murder combined with animate object
penetration
SB 271- conviction of a second or subsequent
sexually violent offense. i.e., rape, forcible sodomy, object penetration,
and aggravated sexual battery. (Killed in committee January 28)
Members of Senate Courts of Justice:
To call their office at the Gen. Ass. dial 804-698-75xx
(district #) ex- Joe Gartlan would be 698-7536
Joe Gartlan (Chair) – 36th, Mason Neck
John Edwards – 21st, Roanoke
Randy Forbes – 14th, Chesapeake
Janet Howell – 32nd, Reston
Louise Lucas – 18th, Portsmouth
Henry Marsh – 16th, Richmond (Sen. Marsh's
brother was murdered last year)
Thomas Norment – 3rd, Williamsburg
Russell Potts – 27th, Winchester
Frederick Quayle – 13th, Chesapeake
Jack Reasor – 38th, Bluefield
Roscoe Reynolds – 20th, Martinsville
Richard Saslaw – 35th, Springfield
Ken Stolle – 8th, Virginia Beach
Malfourd Trumbo – 22nd, Fincastle
Martin Williams – 1st, Newport News
Please forward this information to all those
interested. Anyone with questions can call
Henry at 804-263-8148.
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EXECUTION(S) ALERT!!
Virginia is scheduled to carry out its first execution of 1998 on Feb. 10 with the execution of Tony Mackall. Tony, age 33, has been on death row since January 1988 for the 1986 murder of Mary Dahn, a service station attendant in Prince William County. Due to limited IQ, hallucinations, and memory loss after the murder, his court appointed psychiatrist could only fill out a partial report. He regained his memory in October 1987 and after examining him again the psychiatrist found no grounds for an insanity defense. The Court refused his request to be examined by another psychiatrist and ordered the trial to begin. During the sentencing portion of the trial, the psychiatrist was not permitted to describe the hallucinations that Tony had before she interviewed him. This could have had a mitigating effect on the jury.
On December 18 of last year the 4th Circuit Court of Appeals paved the way to proceed with the execution when it rejected Tony’s claim that he received shoddy representation in his first state appeal. A District judge earlier ruled that Tony could not raise that issue because he failed to raise it in his first state appeal. The 4th Circuit refused to take into account that failure to raise the issue at the state level was his lawyers fault.
Tony Mackall, if executed will be the 47th person put to death in Virginia since reinstatement of the death penalty in 1976.
• • • • •
On January 21, the U.S. Supreme Court ruled 6-3, with Justices Breyer, Stevens, and Ginsburg dissenting, Doug Buchanan’s appeal for a new sentencing trial arguing that the jury was not given proper instructions by the judge relating to how they can treat the mitigating circumstances. The jury which recommended death had been told specifically about the aggravating factor that his conduct was “outrageously vile, horrible and inhuman.” But the judge rejected a request by Doug’s trial lawyer that the jurors be told about 3 mitigating factors- his youth, lack of a criminal record, and extreme emotional disturbance resulting from alleged abuse by his father and step-mother.
Doug, 29, was granted a stay just hours before his scheduled execution last April for the 1987 murders in Amherst County, north of Lynchburg, of his father Doug Buchanan, Sr., his step-mother Geraldine Patterson Buchanan and her 2 children Joel who was 13 and Donnie who was 10. His execution has been scheduled for March 18.
See also Doug Buchanan
Contact Governor Jim Gilmore and request that he commute these sentences to life in prison. His address is PO BOX 1475, Richmond, 23212. Phone (804) 786-2211 Fax (804) 786-3985 or http://www.state.va.us/governor
........
Appeals Court Rejects appeal by Paraguay on behalf of death row inmate
A 3 judge panel of the 4th U.S. Circuit Court of Appeals recently concurred with a federal judge who ruled that the US Constitution prohibits foreign governments from suing states. The South American country of Paraguay filed the case on behalf of Angel Breard, who was sentenced to death for the 1992 rape and murder of Ruth Dickie in Arlington. Paraguay claimed that Virginia officials violated two international treaties, the Vienna Convention of 1963 and the Friendship Treaty of 1859, by failing to inform Breard that he had the right to seek assistance from the Paraguayan Consulate.
In a seperate ruling, another 3 judge-- panel of the appeals court denied a similar appeal filed by Breard. Judges on both panels, however, said they were disturbed by Virginia's failure to follow the Vienna Convention.
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950 PEOPLE HEAR Sr. HELEN AT GMU
On October 30, 950 people attended a lecture by Sr. Helen Prejean at George Mason University in Fairfax. The event was sponsored by the Catholic Student Center who invited VADP to be a cosponsor. VADP members were out in force manning information tables, handing out brochures, and selling raffle tickets for 2 large Dead Man Walking Posters contributed by Sr. Helen.
Thanks to Sharon & Jeff Haydon, Illana Naylor, Dick Melia, Juretta Heckscher, and Joan Betz for helping get VADP brochures out to just about all 950 people. Special thanks to long time VADP member Fr. Bob Cilinski and his assistants including Michele Miller and David Melia (son of long time VADP member Dick Melia) for all their efforts in making the evening such a great success and for their support of VADP. And special thanks to Sr. Helen for letting every autograph seeker know to, “make sure ya’ll join the coalition.” (that’s us)
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LONG-AWAITED BOOK ON ROGER COLEMAN’S CASE PUBLISHED
John F. Tucker, formally an attorney in Chicago, and now living in Virginia has done an excellent job in his book, May God Have Mercy about the Roger Coleman case. Roger was executed on May 20, 1992 despite credible concerns as to his guilt. His story made the front cover of Time magazine and garnered the interest of both national and international press.
May God have Mercy explores the legal and moral complexities of this dramatic case with devastating impact. It is a book about guilt and innocence, about the search for truth, and about the courageous efforts of a young lawyer determined to save her client’s life. In John Tucker’s telling, the Roger Coleman case is an emotional and unforgettable roller-coaster ride- a fascinating murder mystery that provides a chilling glimpse into the workings of the criminal justice system in Virginia and the United States.
VADP has May God Have Mercy available for $20, which includes shipping.
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CLEMENCY REQUEST FOR DEATH ROW PRISONER
by Bill Geimer
Ronald Watkins has been on death row in Virginia since 1988. He killed the son of a prominent white doctor in Danville. Although Ron did commit the crime, it is very unlikely that he would have been sentenced to death if the offense had not been committed in Danville, if he’d been given a fair trial with a competent defense attorney, and if his victim had not been white.
Ron was subjected to violent abuse growing up. The details of that abuse were never presented to the jury that sentenced him to death. Rather, he was portrayed by his own lawyer as the one bad apple in an otherwise law-abiding family. Today, however, Ron has transformed himself into an entirely different person. A few facts about the Ronald Watkins of today:
• He accepts responsibility for his actions and feels deep remorse for what he did.
• He has become a peacemaker on death row, often looked to by prison staff to settle disputes non-violently.
• He is working to repair the relationship with his abusive father and is making progress.
• He is a positive influence on the life of his teenage son who will suffer greatly if his father is executed.
• He has reached out to help turn the life of another Danville teenager away from the wrong path.
What you can do: Contact VADP to obtain a petition for clemency.
If you want to help further contact Prof. William Geimer, Washington and Lee School of Law, Lexington, VA 24450 or phone (250) 361-1307, fax (250) 721-8146 or e-mail wsg@wlu.edu
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www.vadp.org
Our web site has proven to be invaluable. Since its creation just over a year ago it has been accessed nearly 5,000 times. Many people who would never know that we exist have found us through the internet. We are very pleased to inform all our members that we have acquired our own domain name: www.vadp.org. Even if you don’t have a computer it’s easy to point people to who do have one. So the next time anyone you meet wants information about VADP or Virginia’s death penalty point them to www.vadp.org
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EXECUTIONS IN VIRGINIA REACH MODERN DAY RECORD IN 1997
The last time more than 9 people were executed in Virginia in a single year was 1909. Seventeen were executed in that year. And once again Virginia executed 2 or more men between Thanksgiving and Christmas. Four were killed during that time period last year.
VADP sends are condolences to the families and friends of the following men who were executed in Virginia last year. Michael George - Feb. 6, Coleman Gray - Feb. 26, Roy Smith - Jul. 17, Joseph O’Dell - July 23, Carlton Jerome Pope - Aug 19, Mario Murphy - Sept. 17, Dawud Mu’Min - Nov. 13, Michael Satcher - Dec. 9, Thomas Beavers - Dec. 11.
The news for the immediate future does not look any better. At the Annual Meeting of Virginians For Alternatives to the Death Penalty held at the end of October, a group of nearly 50 activists were informed that close to 30 men were in the later stages of their appeals.
Gov. George Allen in his 4 years as Governor was responsible for 24 executions. On the other hand he did commute the death sentence of Joseph Payne 3 hours before he was to be executed in Nov. of last year and most recently commuted the death sentence of William Saunders this past September, 2 days before he refused to commute Mario Murphy’s death sentence. Mario’s case became high profile and there was a good case for commutation. Instead the Gov. commuted Saunders’ “out of the blue” and allowed the execution of Murphy.
Virginia remains in 2nd place behind Texas in executions since reinstatement of the death penalty with 46. There are nearly 50 people remaining on death row.
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DEATH SENTENCES HANDED DOWN BY VIRGINIA JURIES
As of October 30th of last year only 3 death sentences were handed down by Virginia juries since January 1995, when parole was abolished and judges were permitted to answer jurors questions whether Life in prison meant just that. However, in the 3 weeks span before Thanksgiving juries voted for death sentences or judges imposed juries decisions for death sentences for Bobby Wayne Swisher in Staunton, Percy Walton in Danville, Mir Aimal Kasi in Fairfax (sentenced by judge Jan. 23), Earl Bramblett in Roanoke, and Eric Payne in Richmond (sentenced by judge Jan. 15).
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APPEAL FROM DEATH ROW PRISONER
by Tim Lietzke
On February 20, 1989, State Trooper Jerry Hines was shot and killed near Lexington after stopping a car driven by Judy McDonald. Dennis Eaton was a passenger in the car and replaced McDonald as driver after she shot the trooper. After wrecking the car in a high speed chase, Dennis shot McDonald in accordance with a suicide pact they had made, then put the gun to his own head and pulled the trigger. McDonald died, Dennis lived.
Dennis pled guilty to killing McDonald and 2 other people during a 24 hour period, and was given 3 life sentences without parole. Dennis was the only eye-witness to McDonald’s shooting of Trooper Hines, and the only physical evidence linking anyone to the crime was gunpowder residue found on McDonald’s right hand showing that she had fired the gun that killed the trooper. Yet, Dennis Eaton was convicted of killing Trooper Hines and sentenced to death.
At his sentencing trial, the prosecutor argued that Dennis must be killed because he was a threat to society. Dennis was not allowed to tell the jury that, because of the life sentences he had been given, he would never be released from prison and thus could not be a future threat to society. The U.S. Supreme Court in 1994 ruled that juries were indeed allowed to hear such testimony but because of this legal technicality his death sentence remains.
Furthermore, at least one juror has sworn under oath that he would never have voted for death in Dennis’ case if he had known that Dennis was going to spend the rest of his life in prison.
You can help Dennis by obtaining Dennis’ story and a petition from Tim Lietzke, Rt 2 Box 112N, Keysville, VA 23947.
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FIRST WOMAN SENTENCED TO DEATH IN 86 YEARS
The last woman executed in Virginia was 17 year old Virginia Christian, in 1912. Since then Virginia juries have been reluctant to sentence women to death until now. On Jan. 15 a Chesterfield County jury sentenced 18 year old Domica Winckler to death for her role in the murder/robbery/abduction last July of Stacey Hanna, who had recently moved to the area from Lynchburg. Two other girls face capital charges and will go on trial next month.
Nationally, Karla Faye Tucker is scheduled to be executed in Texas on Feb.3. She will be the first woman executed in 13 years since Velma Barfield was executed in North Carolina. There are 48 women on death rows in 15 states.
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VADP ELECTS NEW BOARD OF DIRECTORS
VADP’s new Board of Directors met for the first time January 3rd in Charlottesville. Joining the Board were Aqueelah As-Salaam, Director of the Richmond Peace Education Center, Jean Auldridge of Alexandria, Director of Citizens United for the Rehabilitation of Errants (CURE), Troy Reimer of Roanoke, and Al Simmons of Richmond. They join Joan Betz of Manassas, Sunshine Richards of Lovingston in Nelson County, Steven Rosenfield, an attorney in Charlottesville, and founding Board Chairman and Director, Henry Heller of Faber in Nelson County.
The Board discussed issues ranging from the 1998 budget to creating an advisory committee of Virginia notables as well as outlining future goals and projects for VADP.
We would like to thank Jon Holtshopple of Alexandria for his 2 years of service on the Board and wish him the best. Jon was one of the DC 18 arrested on the steps of the Supreme Court last January for displaying a banner reading, “STOP EXECUTIONS”.
The Board will next meet in April. If anyone has any items that they would like discussed by the Board, please contact Henry at (804) 263-8148.
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DAVID CLARKE COALITION UPDATE
by Joan Betz
The David Clarke Coalition, the organization devoted to keeping the death penalty out of the District of Columbia, held a noon time rally in front of the U.S. Capitol on Jan. 28. 30 activists gathered in the rain to voice their opposition to Congresses attempt to impose the death penalty in D.C. for those convicted of murdering a police officer.
Virginia Sen. John Warner has co-signed Senate Bill 294. For more information, contact Joan Betz at (703) 361-8066.
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DEATH PENALTY AWARENESS DAY TO BE HELD IN RICHMOND
VADP will once again sponsor a death penalty awareness day in front of the General Assembly Building on the Capitol Grounds on Tuesday February 10. A rally will begin at 11:30 at 9th and Grace Streets. Those who would like to call on their legislators should schedule an appointment for before or after the rally. Special attention will be given to the scheduled execution that night of Tony Mackall. A vigil at the prison is also planned for 8:45 that evening. Anyone interested in attending either the rally, the vigil, or both can contact Henry at (804) 263-8148 for information and directions. Also, please contact us to receive a flyer about the event.
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MARCH 29: DEAD MAN WALKING: THE CONCERT
Shrine Auditorium, Los Angeles, CA. A benefit concert for Murder Victims' Families For Reconciliation (MVFR). Hosted by Tim Robbins and Sr. Helen Prejean. Performers include Steve Earle, Lyle Lovett, David Robins, Michelle Shocked, Eddie Vedder, Tom Waitts, with special guest stars. For more information call MVFR (757) 824-0948
MAY 29- JUNE 14: TEXAS JOURNEY
OF HOPE
From Violence to Healing. Two weeks of
action and education for alternatives to the death penalty in Texas, led
by murder victims' family members and joined by family members of death
row inmates, activists, and others. Contact 800-973-6548 or journey@abolition.org
for details.
JUNE 29- JULY 2: 5th ANNUAL
FAST AND VIGIL TO ABOLISH THE DEATH PENALTY
U.S. Supreme Court, Washington, D.C. Contact:
800-973-6548 or Joan Betz at (703) 361-8066 for details.
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