The StandDown Texas Project

Live Twitter Q&A Starting Soon on Exonerations Report

Use #NRE13 to ask questions of Prof. Samuel Gross, the report's author, on Twitter at 1:00 p.m. EST/ 12:00 noon CST today.

The National Registry of Exonerations has released a new report.

Here's the news release, "Record Number of Exonerations Occurred in 2013 Compared to Last 25 years; Number of DNA exonerations declined, while non-DNA exonerations rose sharply."

The National Registry of Exonerations reports today that at least 1,304 prisoners falsely convicted of crimes were exonerated over the past 25 years, and there are many more cases yet to be discovered. Eighty-seven (87) known exonerations occurred in 2013, more than any previous year, making 2013 a “record-breaking” year for exonerations in the United States.
 
Contrary to popular belief, the report, “Exonerations in 2013,” shows that the number of exonerations in which DNA played a role has gradually declined since 2005, and only represented about a fifth of the total number of exonerations in 2013. In the same period, the number of non-DNA exonerations per year doubled from 34 in 2005 to 69 in 2013.
 
Read the report, which includes a separate detailed summary of all known exonerations from 1989 through 2013, in Adobe .pdf format.

See an infographic here.

Use #NRE13 to ask questions of Prof. Samuel Gross, the report's author, on Twitter at 1:00 p.m. EST/ 12:00 noon CST today.

The trends in 2013 reflect several long-term trends in exonerations in America:

•      Twenty-seven (27) of the 87 known exonerations that occurred in 2013 -- almost one-third of the total number for the year -- were in cases in which no crime in fact occurred, a record number.

•      Fifteen (15) known exonerations in 2013 -- 17 percent -- occurred in cases in which the defendants were convicted after pleading guilty, also a record number. The rate of exonerations after a guilty plea has doubled since 2008 and the number continues to grow.

•      Thirty-three (33) known exonerations in 2013 -- 38 percent -- were obtained at the initiative or with the cooperation of law enforcement. This is the second highest annual total of exonerations with law enforcement cooperation, down slightly from 2012, but consistent with an upward trend in police and prosecutors taking increasingly active roles in reinvestigating possible false convictions.

In 2013, Reginald Griffin, who had been sentenced to death in Missouri, was exonerated, bringing the total number of death row exonerations to 143 across 26 states since 1973, according to the Death Penalty Information Center.

The ten states with the most recorded exonerations in 2013 were: Texas (13), Illinois (9), New York (8), Washington (7), California (6), Michigan (5), Missouri (5), Connecticut (4), Georgia (4), and Virginia (4). The states with the most recorded exonerations are not necessarily those where most false convictions have occurred.
“Exonerations are on the rise, and a lot of the credit goes to prosecutors and police who are increasingly active in investigating possible false convictions. But there are many false convictions that we don’t know about,” said Michigan Law professor Samuel Gross, editor of the Registry and an author of the report. “The exonerations we know about are only the tip of the iceberg.”

“More people are now paying attention to wrongful convictions. Police, prosecutors, judges and the public are all more aware of the danger of convicting innocent defendants,” said Professor Gross.
 
“The more we learn about wrongful convictions, the better we’ll be at preventing them  - and of course at correcting them after the fact as best we can,” said Rob Warden, co-founder of the Registry and Executive Director of the Center on Wrongful Convictions. “Studying the reasons for wrongful convictions - perjury, mistaken identification, official misconduct, false confessions, misleading forensic evidence – will lead to fewer convictions of the innocent.”

Earlier coverage of the Registry begins at the link; news coverage of the report, next.

DPIC Issues 'The Death Penalty in 2013: Year End Report'

The Death Penalty Information Center's The Death Penalty in 2013: Year End Report is available at the link.  You can also find a news release, infographic, and a video at the link.

The Guardian is hosting a live chat today at 1:00 pm (ET), 12:00 noon (CT), 6:00 pm (GMT).

Join reporter Ed Pilkington and report author Richard C Dieter in a live chat about the state of the death penalty in the US at 1pm ET, 12:00 noon CT (6pm GMT.) Tweet your questions to @EdPilkington, or leave them in the module below (at link.)

Here's a roundup of coverage:

"Executions in US drop close to 20-year low in 2013," is by Pete Yost for the Associated Press.

Reliance on the death penalty continues to decline with 39 people executed this year, only the second time in 19 years that fewer than 40 people were put to death, a private group reported Thursday.

The Death Penalty Information Center, a nonprofit organization that opposes executions and tracks the issue, also said the number of new death sentences was near its lowest level since capital punishment was reinstated in the 1970s. There have been 80 new death sentences so far this year, three more than in 2012 and down from 315 in 1996, the group said.

The 39 executions were carried out in nine states. Texas had the most, 16, followed by Florida, which had seven. Oklahoma had six, Ohio three, Arizona and Missouri two each, and Alabama, Georgia and Virginia, one each.

Texas, the leader in executions, illustrates the downward trend. It recorded 48 death sentences in 1999. This year, it was nine, marking the sixth year in a row that Texas had less than 10 death sentences.

The New York Times reports, "In Death Penalty’s Steady Decline, Some Experts See a Societal Shift," by Erik Eckholm.

The death penalty in the United States continued its pattern of broad decline in 2013, with experts attributing the low numbers to a critical shortage of drugs used for lethal injection, increasing public concern over judicial mistakes and the expense of capital cases, and a growing preference for life without parole.

Eighty death sentences were imposed by American courts this year, compared with a peak of 315 in 1994, and 39 executions took place, compared with 98 in 1999, according to an annual accounting released on Thursday by the Death Penalty Information Center, a private group in Washington.

“A societal shift is underway,” said Richard Dieter, the executive director of the information center, which opposes capital punishment.

In May, Maryland became the sixth state in the last six years to abolish the death penalty, leaving 32 states with capital punishment on the books. But for the second straight year, only nine states put prisoners to death.

Douglas A. Berman, an expert on criminal sentencing at Ohio State University’s Moritz College of Law, said a significant retrenchment in the use of the death penalty was taking place, but also noted that “a majority of states and people still favor using it for the most serious crimes.”

"State of the Death Penalty as 2013 Ends," is by Maggie Clark for Stateline.

States continued to turn away from the death penalty this year, with just 39 people executed in nine states, according to a year-end report from the Death Penalty Information Center. Maryland repealed the death penalty this year, continuing a six-year trend of one state each year ending the punishment.

"Number of executions and new death sentences decline," by Kevin Johnson for USA Today.

Although the 80 new death sentences this year represent three more than in 2012, the number has declined dramatically since 1996 when it reached a high of 315.

At the same time, a decline in the numbers on death row has outpaced the number of executions. There were 3,108 inmates on death row across the country as of April 1, down from 3,170 at the same time last year.

"Fewer death sentences, fewer people on death row will mean fewer executions,'' said Richard Dieter, the center's executive director.

Texas, with traditionally the busiest execution chamber in the U.S., maintained that position with 16 executions this year, one more than 2012. But Dieter noted that those numbers may not be sustained because there were fewer new death sentences issued this year — nine — than there were executions.

National Journal posts, "Death Penalty Opponents Are Winning … Almost Everywhere," by Dustin Volz.

Executions are on the decline across the United States—unless you live in Texas or Florida.

The U.S. put to death 39 people in 2013, just the second time in the past two decades that number has fallen below 40, according to data compiled by the Death Penalty Information Center. Additionally, the number of new death sentences issued in 2013 was near its lowest level since capital punishment was reinstated in the 1970s.

Total executions fell by four overall from last year, but the two states that carried out the most—Texas (16) and Florida (7)—both increased their pace from 2012. Together, the two accounted for 59 percent of all U.S. executions in 2013, although Texas carried out fewer than 10 death sentences for the sixth consecutive year—a stark contrast to the 48 recorded in 1999.

"Death penalty in the United States gradually declining," by Bill Mears at CNN.

A shortage of lethal injection chemicals has contributed to declining use of capital punishment in the United States with a new report on Thursday noting only 39 executions this year.

It is only the second time in the past two decades the annual number of inmates put to death has dropped below 40.

The total represents a 10 percent reduction from last year. No further executions are scheduled in 2013.

"Twenty years ago, use of the death penalty was increasing. Now it is declining by almost every measure," said Richard Dieter, executive director of the Death Penalty Information Center, and the author of the report.

"Drug Shortage Helps Lead to Fall in 2013 Executions," by Ashby Jones of the Wall Street Journal.

The long-running controversy over lethal-injection drugs helped push the number of executions in 2013 down by about 10%, according to a new report published Thursday.

In 2013, nine states were responsible for 39 executions, four fewer than the 43 carried out in both 2012 and 2011, according to an annual study of the death penalty by the Death Penalty Information Center, a Washington, D.C., nonprofit organization.

With the exception of 2008, in which 37 inmates were put to death, the 2013 figure represents the lowest since 1994, when 31 people were executed.

"U.S. executions continued to decline in 2013," by David G. Savage for the Los Angeles Times.

The drop-off is especially noteworthy in Texas, the nation’s leader in carrying out executions. This year, the Lone Star State saw nine new death sentences, marking the sixth year in a row it has recorded fewer than 10.

Richard Dieter, the report’s author, says the drop-off may be explained by a 2005 change in the law that gave juries the choice of sentencing murderers to life in prison without the possibility of parole. Before, jurors had to sentence a murderer to die to be assured he would never go free.

AFP posts, "The US executed fewer people in 2013," via GlobalPost.

The UN General Assembly called in 2007 and 2008 for a worldwide moratorium on the death penalty — an EU initiative that the United States voted against alongside the likes of China, North Korea and Iran.

"39 Death Row Executions in 2013, a 10% Drop from Last Year," by Courtney Subramanian at Time.

National Law Journal reports, "Support for Death Penalty Slipping, Organization Finds," by Marcia Coyle.

"Report: U.S. Executions Dipped in 2013," by Steven Nelson for US News & World Report.

"Declining executions could become obsolete in US by 2025, advocate says," by Massoud Hayoun at Aljazeera America.

"European boycott of death penalty drugs lowers rate of US executions," by Ed Pilkington for the Guardian.

Politico posts, "Report: Executions dip in 2013," by Mackenzie Weinger.

Later today I'll have state-specific news reports.

Texas Coalition Issues Annual Year-End Report

The Texas Coalition to Abolish the Death Penalty 2013 Year-End Report is available in Adobe .pdf format.  TCADP has also issued a news release announcing the report.

"Deadly Statistics," is Jordan Smith's report for the Austin Chronicle.

While Harris County retains its rank as the county that has sent the most defendants to Death Row since reinstatement in 1976, in recent years Dallas County has surged forward, earning it the top spot for new death penalty sentences since 2008, according to a report released this morning by the Texas Coalition to Abolish the Death Penalty.

Of the 55 inmates condemned to die since 2008, Dallas sent 20% (11 defendants) to Death Row during the last five years, according to the annual TCADP report. That distinction is unsettling, given that Dallas County also leads the state in the number of exonerations established through DNA evidence, with 24 men exonerated through mid-2012. "While most of Texas is moving away from the death penalty, Dallas County has emerged as a major outlier in its pursuit of the ultimate punishment, particularly for defendants of color," Kristin Houlé, TCADP executive director, said in a press release. "These troubling patterns directly counter Dallas' reputation as a leader in criminal justice reform."

Indeed, while the number of new death sentences handed out in Texas remained low in 2013 – just nine new sentences were delivered, the same as in 2012 (up by one over the eight delivered in 2010 and 2011) – geographically, the use of the death penalty remains isolated, and the imposition of the ultimate sentence on minority defendants remains high.

And:

TCADP will be hosting a Tweet Chat today (Tuesday, Dec. 17), from 3-4pm, at #2013TXDP, with yours truly – @chronic_jordan – serving as a moderator. We'll be ready to discuss the implications of Texas' use of the death penalty and eager to answer #deathpenalty related questions.

Related posts are in the report category index.  Earlier coverage from Texas begins at the link.

Live Twitter Coverage of the Warren Hill Hearing

Creative Loafing Atlanta writer Max Blau is live tweeting coverage of the Fulton County Superior Court hearing on Georgia's Lethal Injection Secrecy Act and its impact on Warren Hill's execution date.

Click the link above, or go directly to Twitter:

https://twitter.com/MaxBlau

Earlier coverage of Warren Hill's case begins with the preceding post.

National Registry of Exonerations News & Twitter Q&A

The National Registry of Exonerations hosts a Twitter Q&A today at 1:00 pm (EDT), 12:00 noon (CDT).

At 1:00 p.m. Eastern today, Professor Gross and Maurice Possley, the Registry’s lead writer/investigator and a Pulitzer Prize-winning journalist, will host a Twitter Q & A on their findings. The media and the public are invited to participate by following #NRE12 or #innocence or @exonerationlist.

The organization has also issued a news release, "Prosecutors and Police are Assisting with Exonerations at Record High Levels, New Data Shows," available in Adobe .pdf format.  Here's the beginning:

In 2012, the number of cases in which prosecutors or police helped exonerate innocent defendants increased dramatically, according to a new report released today by the National Registry of Exonerations. Of 63 known exonerations in 2012, law enforcement initiated or cooperated in 34 or more than half (54 %).

Since 1989, prosecutors and police cooperated in 30 percent of the exonerations that the Registry has been able to identify (317 of 1050 exonerations in the national database at the end of last year). In 2012, for the first time, law enforcement cooperated in the majority of known exonerations. The previous high was 2008 when prosecutors or police assisted in 22 of 57 known exonerations (39 percent). In general, official cooperation is least likely among exonerations in capital murder and mass child sex abuse cases, and most likely in robbery and drug crime exonerations.

“We see a clear trend. Prosecutors and police are more open to re-investigating cases and clearing the names of innocent people who were wrongfully convicted,” said Michigan Law professor Samuel Gross, editor of the Registry and author of the “2012 Update” released today. “This is as it should be. The purpose of law enforcement is to seek truth and pursue justice. I’m glad to see they are now doing so more often after conviction, to help correct some of the terrible mistakes we sometimes make.”

Earlier coverage of the National Registry of Exonerations begins at the link. 

'No Sense'

"Ohio Supreme Court justice: Death penalty 'makes no sense'," is the title of Alan Johnson's Columbus Dispatch report.

Ohio’s senior Supreme Court justice, Paul E. Pfeifer, told lawmakers this morning that Ohio has a “death lottery,” not a death penalty.

“I have concluded that the death sentence makes no sense when you can have life with out the possibility of parole. I don’t see what society gains,” he told the House Criminal Justice Committee.

“If you aren’t going to consider this, who will? If not now, when? If not you, who?” Pfeifer asked.

The legislative panel is considering House Bill 160, which would abolish the death penalty in Ohio.

Pfeifer, a maverick Republican from Bucyrus who is ending his 19th year on the court, has been advocating abolishment of the death penalty for nearly two years.

Pfeifer was one of three Republican state senators who resurrected Ohio's death-penalty law in 1981 after the old law had been declared unconstitutional by the U.S. Supreme Court.

The AP filing is, "Ohio lawmakers hear from death penalty opponents, including state Supreme Court justice."  It's by Andrew Welsh-Huggins and is via the Republic.

An Ohio Supreme Court justice who helped write the state's death penalty law says Ohio is no longer well-served by it.

Justice Paul Pfeifer (PY'-fur) says the law's application has become hit-or-miss, depending on where a crime is committed and what the county prosecutor's attitude is.

Pfeifer urged the Ohio House Judiciary Committee on Wednesday to approve a bill that would scrap the 30-year-old law.

Hearings on the bill come as a state Supreme Court task force studies Ohio's law to make sure it works as it should.

"Death penalty opponents make plea to Ohio lawmakers," by Michael Henrich of WNMO-TV.

Pfeifer helped write the law enacted in 1981, but grew skeptical that prosecutors were using it fairly and this year called for its abolition.

Hearings on the bill come as a Supreme Court task force studies Ohio's death penalty law to make sure it works as it should.

But Chief Justice Maureen O'Connor has made it clear that the task force group is not to consider a ban.

The anti-death penalty bill is sponsored by Democratic state Reps. Ted Celeste of Columbus and Nickie Antonio of suburban Cleveland.

Kevin Werner of Ohioans to Stop Executions is live-tweeting the legislative committee hearing.

More on Ohio House Bill 160 is available at the link.

Earlier coverage of the Joint Task Force to Review the Administration of Ohio’s Death Penalty begins at the link.