Amnesty slams US on detentions, executions

The US human rights record has been marred by indefinite detentions at Guantanamo Bay and in Afghanistan and by a flawed capital punishment system, Amnesty International said Friday.

In its annual global human rights report, the London-based organisation said US authorities executed 46 people over the past year, despite doubts in several case about the defendants' guilt and questions in others over legal representation or mental impairment.

At the Guantanamo Bay detention center on a US naval base in Cuba, 174 men were still being held at the end of the year, "including 3 who had been convicted under a military commission system which failed to meet international fair trial standards," the report said.

"Scores of men remained in indefinite military detention in Guantanamo as President (Barack) Obama's one-year deadline for closure of the facility there came and went," it said.

"Military commission proceedings were conducted in a handful of cases, and the only Guantanamo detainee so far transferred to the US mainland for prosecution in a federal court was tried and convicted."

Additionally, the report said "hundreds" were being held at the US airbase in Bagram, Afghanistan, without due process and some were "subjected to torture or other ill-treatment, including prolonged isolation, sleep deprivation and exposure to extreme temperatures."

Amnesty said US authorities also "blocked efforts to secure accountability and remedy for crimes under international law committed against detainees previously subjected to the USA's secret detention and rendition programme."

It said there were questions about "crimes under international law of torture and enforced disappearance," under the CIA program where detainees were transferred from one state to another "by means that bypass judicial and administrative due process."

It also noted that former president George W. Bush acknowledged in his memoirs that "he had personally authorised 'enhanced interrogation techniques' for use by the CIA against detainees held in secret custody."

In other criticisms of the United States, Amnesty said "excessive force" by US law enforcement was a concern, with 45 people killed during the past year after being struck by police Tasers -- 450 deaths since 2001.

"Most of the deceased were unarmed and did not appear to present a serious threat when they were shocked," it said.

Amnesty also expressed concern about an immigration law passed in Arizona which could allow police to demand proof of legal status, fearing it would increase "racial profiling."

It also said "hundreds of women continued to die from preventable pregnancy-related complications" because of a lack of health care coverage.

Source: Agence France-Presse, May 13, 2011

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10 Infamous Cases of Wrongful Execution

There’s no doubt about it – the U.S. criminal justice system is not perfect. And those imperfections become apparent when someone is the innocent victim of the death penalty. Wrongful executions have been happening for hundreds of years, but until the advent of DNA evidence and improved forensics technology, these individuals have remained guilty as charged.


Today, DNA evidence has exonerated and released 15 death row inmates since 1992, but only eight inmates have been acknowledged of their possible innocence after execution by the Death Penalty Information Center.


Here are 10 infamous cases of wrongful execution that deserve a second look:

1. Claude Jones: Claude Jones was executed in 2000 for the murder of liquor store owner Allen Hilzendager, in San Jacinto County in 1989. On Nov. 14, 1989, Jones and another man were seen pulling into a liquor store in Point Blank, Texas. One stayed in the car while the other went inside and shot the owner. Witnesses who were standing across the road couldn’t see the killer, but Jones and two other men, Kerry Dixon and Timothy Jordan, were all linked to the murder. Although Jones said he never entered the store, Dixon and Jordan testified that Jones was in fact the shooter and they were both spared the death penalty. The deciding factor and only admissible evidence in Jones’ conviction came down to a strand of hair that was found at the scene of the crime. A forensic expert testified that the hair appeared to have come from Jones, and he was sentenced to death. Forensic technology was underdeveloped during the 1990 trial and it wasn’t able to match Jones’ DNA with the hair sample. Therefore, before his 2000 execution, Jones’ attorneys filed petitions for a stay of execution with a district court and the Texas Court of Criminal Appeals and requested that the hair be submitted for DNA testing that was now possible, but all courts and former Texas Governor George W. Bush denied Jones and he was executed. In an attempt to prove that Texas executed an innocent man, the Innocence Project and the Texas Observer filed a lawsuit in 2007 to obtain the strand of hair and submitted it for DNA testing, which was determined to be the hair of the victim.

2. Jesse Tafero: Jesse Tafero was executed by electric chair in 1990 for murdering two Florida police officers, Phillip Black and Donald Irwin. The murders occurred on Feb. 20, 1976, when Black and Irwin approached a parked car at a rest stop and found Tafero, his partner Sonia "Sunny" Jacobs, her two children and Walter Rhodes asleep inside. They were ordered to get out of the car when the officers saw a gun lying on the floor inside the car and, according to Rhodes, Tafero proceeded to shoot both officers and took off in their police car. They disposed of the police car and stole a man’s car, but were arrested after being caught in a roadblock. The gun was found in Tafero’s waistband, although it was legally registered to Jacobs. Tafero had been convicted of robbery and had served seven years of a 25-year sentence before being convicted for murder. Tafero and Jacobs claimed that Rhodes was the lone shooter, but Rhodes testified against them in exchange for a lighter sentence. Rhodes later admitted that he was responsible for the killings, but Tafero was still sentenced to death.

3. Cameron Todd Willingham: Cameron Todd Willingham was executed in 2004 for murdering his three young daughters by intentionally setting fire to the family home in Corsicana, Texas. The arson-murder case fueled much controversy about Willingham’s guilt, which was determined by the case’s primary evidence – the arson investigators’ findings. They determined that the fire was deliberately set with the help of a liquid accelerant due to specific burn patterns, laboratory tests and points of origin. Willingham maintained his innocence and appealed his conviction for years, but was executed at the Texas State Penitentiary in Huntsville on Feb. 16, 2004. In 2009, the Texas Forensic Science Commission panel reevaluated the case and determined that state and local arson investigators used "flawed science" when they labeled the fire as arson. Although advances in fire science and arson investigations have improved since 1991, the year of the fire, experts now believe the Corsicana Fire Department was negligent in their findings. The science commission is still investigating the arson ruling, and if the judge clears Willingham, it would be the first time an official has formally declared a wrongful execution in Texas.

4. Larry Griffin: Larry Griffin was executed in 1995 for a drive-by shooting that killed 19-year-old drug dealer Quintin Moss in St. Louis. Griffin immediately became a suspect because his older brother Dennis Griffin, another well-known drug dealer, was murdered just six months earlier. Moss was believed to have killed Dennis Griffin. Although there were a number of possible suspects in the murder of Moss, a witness account by a white man named Robert Fitzgerald, who claimed to have seen the shooting, knew the license plate number of the vehicle and could identify the gunman was all it took to have Griffin arrested. Fitzgerald was a convicted felon who had a long history of run-ins with the law, which raised concerns about the legitimacy of his story. During the 1993 hearing, Fitzgerald admitted to being unsure if Griffin was the man in the car after all. There were two key witnesses who wavered and a third person whose testimony could have helped Griffin, but was never contacted by either the defense or prosecution. Griffin continued to proclaim his innocence until his execution. The NAACP Legal Defense and Educational Fund investigated the case after Griffin’s execution and wanted to uncover more witness accounts that could support their claim that Missouri executed an innocent man.

5. Ruben Cantu: Ruben Cantu was executed in 1993 for the murder-robbery of a San Antonio man at the age of 17. Cantu had no previous convictions, but was pinpointed as a violent murderer who shot one victim nine times, as well as shot the only eyewitness nine times with a rifle, but he lived to testify. Juan Moreno offered his testimony to police and identified Cantu as the shooter, but later recanted, admitting that he said Cantu out of influence and fear of authorities. Although the case had a compelling witness testimony, there was no physical evidence that linked Cantu to the crime. In addition, his co-defendant David Garza, who allegedly committed the murder-robbery with Cantu, remained silent and signed a sworn affidavit allowing his accomplice to be falsely accused. Cantu maintained his innocence until his execution and claimed that he had been framed in this capital murder case.

6. David Spence: David Spence was executed in 1997 for murdering three teenagers in 1982 in Waco. Spence was convicted of raping, torturing and murdering two 17-year-old girls and murdering an 18-year-old boy. As the original allegations go, Spence was hired by convenience store owner Muneer Deeb to kill one girl and he ended up killing these three teens by mistake. Deeb was charged and sentenced to death, but later received a re-trial and was acquitted. Authoritative sources even had serious doubt about Spence’s guilt. Although there was no clear physical evidence to link Spence to the crime, prosecutors used bite marks that were found on one of the girl’s body and matched it to Spence’s teeth. Even jailhouse witnesses were bribed into snitching on Spence. Despite weak evidential support and jail mate testimonies, Spence was executed.

7. Carlos De Luna: Carlos De Luna was executed in 1989 for the 1983 stabbing of Wanda Lopez, a Texas convenience store clerk. There were two eyewitnesses who played a key role in the conviction of De Luna. Before the murder-robbery, George Aguirre was filling up at the gas station where the crime occurred, when he saw a man standing outside the store slide a knife with the blade exposed into his pocket and enter. The man asked Aguirre for a ride to a nightclub, but he refused and went inside the store to warn Lopez about the suspicious man. Aguirre left and Lopez called the police to describe the man. As she was on the phone with a dispatcher, the man came back into the store and robbed her. The second witness, Kevan Baker, pulled into the station and heard bangs on the station’s window and saw a man struggling with a woman. As Baker approached the gas station, the murderer threatened him and took off. When police searched the area, they found De Luna not far from the station. He was shirtless and shoeless in a puddle of water and screamed, "Don’t shoot! You got me!" Both Aguirre and Baker confirmed De Luna was the man at the station. Little to no physical evidence was collected at the crime scene, including blood samples and fingerprints that could have helped De Luna. De Luna maintained his innocence and repeated that Carlos Hernandez was the actual killer. Despite Hernandez’s trouble with the law and repeated confessions to the murder, De Luna was executed.

8. Joseph O’Dell: Joseph O’Dell was executed in 1997 for raping and murdering Helen Schartner. O’Dell was convicted on the basis of blood evidence and a jailhouse snitch. O’Dell represented himself and continued to proclaim his innocence in various unsuccessful appeals to the Virginia Supreme Court, Federal District Court and the Supreme Court. O’Dell requested that the state submit other pieces of evidence for DNA testing, but he was refused. Despite much effort and several appeals, the 4th Circuit of the U.S. Court of Appeals upheld his conviction and reinstated his death sentence. After his execution, Lori Urs, an anti-death penalty advocate and former wife to O’Dell, sought to further investigate the case and exonerate O’Dell based on mistaken blood matches, court opinions and refusal of DNA testing. However, the last of the DNA evidence from O’Dell’s case was burned in March 2000 and the appeals were laid to rest.

9. Leo Jones: Leo Jones was executed in 1998 for murdering a police officer in Florida. Although Jones confessed 12 hours after the murder, he said that he was forced to say he did it during hours of intimidating police interrogation, where they threatened his life and made him play Russian roulette. One witness believed that the police department was out to get Jones because he had assaulted an officer once. The same two arresting officers were released from the department shortly after for using violence in other cases. Despite repeated appeals, other potential suspects and witness testimonies in support of Jones’ exoneration, the sentencing stood as is. Jones was also denied another method of execution and was killed by the electric chair.

10. Timothy Evans: Timothy Evans was sentenced to death by hanging for the murder of his daughter in 1949 at their home in Notting Hill, London. Evans maintained his innocence and repeatedly accused his neighbor, John Christie, of murdering his wife and daughter. The police investigation and physical evidence used to convict Evans was weak. After Evans’ trial and execution, Christie was found to be a serial killer who was responsible for murdering several women at his residence. There were massive campaigns to overturn Evans’ conviction and an official inquiry was conducted 16 years later. It was confirmed that Evans’ daughter had been killed by Christie, and Evans was granted a posthumous pardon. This case of injustice had a strong influence in the UK’s decision to abolish capital punishment.

Source: Criminal Justice Degrees Guide, December 13, 2010

10 years after his execution, Claude Jones' ashes are laid to rest amid new questions about his guilt

For 10 years, Travis Jones faithfully carried the ashes of his brother, who he believed had been wrongfully executed in Texas, in a box with him most everywhere he went.

That box, which became Jones' constant companion, was finally lowered into a grave at White Oak Cemetery in Porter on Tuesday. It marked the 10th anniversary of his brother Claude Jones' execution. That was just as Claude wanted, a last wish that some family members initially viewed as "crazy" but now see as prophetic.

Until his last breath, Claude, a 60-year-old career criminal, denied being the one who entered a San Jacinto County liquor store in 1989 to fatally shoot and rob the owner, Allen Hilzendager.

Before the execution, Jones told his younger brother, Travis, that he did not want to be buried in a cemetery in Huntsville with other killers and rapists. He asked his brother to sprinkle a small portion of his ashes in three spots: the Gulf waters in Kemah, his mother's grave in Houston and his ex-wife's grave in Humble, but then preserve the rest for 10 years.

"My brother promised 'all would come out good' after that. Good things would happen," said Travis, saying his brother refused to explain further and just repeated that things would turn out "good." "He'd gotten kind of religious. I don't know if he'd had some kind of vision or dream or what."

But a few weeks before the 10th anniversary of the execution, new DNA testing has raised questions as to whether Claude was innocent. Mitochondrial DNA tests determined a strand of hair — which had been the only physical evidence linking Claude to the crime scene - actually belonged to the murder victim instead.

An expert who had examined the same hair fragment under a microscope 10 years earlier had testified during Claude's murder trial that the strand "matched" the defendant.

Without the hair evidence, Barry Scheck, co-director of the Innocence Project, believes Claude's case might have been overturned for insufficient evidence.

Click here to read the full article.

Source: Houston Chronicle, December 7, 2010

Texas Defender Service: The 6 best arguments against the death penalty in Texas

Execution chamber
Huntsville Unit, Texas

The following guest blog post was written by Andrea Keilen, Executive Director of Texas Defender Service.

This week, U.S. Supreme Court Justice Stevens published an essay detailing the Court's decisions that created a system infected with problems, and one he now believes is unconstitutional. Since 1976, 138 people have been exonerated from death row nationwide.

12 of them were in Texas.

The fact that some mistakes were discovered in time and innocent people were exonerated strongly suggests that there have been other occasions when mistakes were not discovered in time and innocent people were executed.

Beginning Monday, December 6, at a hearing next week in a Harris County District Court, expert witnesses will testify about the numerous flaws that leave Texas' system riddled with errors, inherently unreliable, and unconstitutional as applied.

Attorneys for John Green, who is charged with capital murder, will urge the court to rule the Texas death penalty statute unconstitutional because it creates an unacceptable risk that innocent people have been, and will be, wrongfully convicted and executed.

When innocent people are exonerated, it is often a matter of dumb luck . For example, the real killer confesses or pro bono law firms take an interest in the case. It is rarely because the system catches errors and corrects itself.

Both Ernest Ray Willis and Cameron Todd Willingham were convicted of murder by arson and sentenced to death on the basis of junk fire science. Mr. Willingham is dead and Mr. Willis is alive -- and free -- because a pro bono law firm took Mr. Willis' case.

At the hearing, witnesses will testify about the following factors, which taken together, create an unacceptable risk of wrongful conviction in capital cases:

1st, Texas has no standards to ensure that eyewitness testimony is obtained in ways that protect against the risk of mistaken identification.

Texas does not follow the scientific research or best practices on eyewitness identification recommended by the U.S. Department of Justice, the International Association of Chiefs of Police, or the ABA. Nationwide, more than 75% of individuals exonerated by DNA evidence were convicted because of faulty eyewitness identifications .

2nd, Texas allows the introduction of confessions that have been obtained without safeguards to protect against false confessions. Texas law does not require recording interrogations . 25 % of the exonerations in the U.S. revealed through DNA testing involved a false confession .

3rd, use of informant testimony is largely unregulated in Texas.

Although in 2009 Texas began to require corroborating evidence for jailhouse informant testimony, that standard is loosely defined. Further, Texas has not implemented other important safeguards involving greater transparency and pretrial reliability screenings which more fully protect against false testimony. In one study, nearly 50% of wrongful murder convictions involved perjury by a jailhouse snitch or another witness who stood to gain from false testimony. (Professor Gross study, p. 39)

4th, pervasive flaws have been identified in the analysis of presentation of forensic evidence that result in unreliable results. In a study of DNA exonerations , the prosecution provided invalid forensic testimony in 60% of the cases, that is, testimony that misstated the data or was not supported by the data. (Garrett and Neufeld, p. 41) The National Academy of Sciences recently issued a broad critique of the nation's forensic system. The risk of wrongful conviction due to faulty forensic science at the is, standing alone, constitutionally intolerable.

5th, pretrial discovery procedures are inadequate to safeguard against the prosecution's suppression of evidence favorable to the accused.

A survey of published capital cases in Texas documented state misconduct in 41 capital convictions. (Texas Defender Service, p. 48)

6th, Texas prosecutors in Harris County and elsewhere have a shameful history of excluding African Americans from juries. Although this practice has been illegal for more than a century, recent research shows that discrimination in jury selection increases the risk of wrongful convictions by reducing the thoroughness and accuracy of jury deliberations.

Texas routinely fails to provide competent counsel and adequate defense funding in state habeas corpus proceedings. Extensive research, and a State Bar Task Force have all reached this conclusion. In almost 40% of state habeas cases, the petitions did not include any materials beyond the existing record, a clear indication of a lack of investigation.

The Texas clemency procedure lacks most elements of a sufficient clemency review and fails in its role as the last safeguard against executing the innocent. For example, Claude Jones was executed in 2000 based on false evidence. During the clemency review, then-Governor Bush was not informed that Mr. Jones had requested DNA testing that might have exonerated him. Ten years after Mr. Jones' execution, a DNA test showed that the hair sample at the crime scene was not his.

All 3 branches of Texas government have created entities to review issues in the criminal justice system based on the risk of error:

•In 2005, the Texas legislature created and Governor Rick Perry signed legislation creating the Texas Forensic Science Commission .

•By executive order, Governor Rick Perry created the Criminal Justice Advisory Council .

•In 2008, the highest criminal court in Texas, the Texas Court of Criminal Appeals, created a Criminal Justice Integrity Unit .

•In 2009, the legislature created and the governor approved the Timothy Cole Advisory Panel on Wrongful Convictions .

But virtually nothing has been done to reduce the most prevalent causes of wrongful convictions Innocent people can and do get sentenced to death in Texas. Action by the courts and legislature to address these serious problems is long overdue.

Source: Dallas Morning News, December 3, 2010

Tariq Aziz sentenced on crimes against Iraqi Kurds

Tariq Aziz

BAGHDAD (AP) — An Iraqi court on Monday convicted Tariq Aziz, Saddam Hussein's longtime foreign minister, of terrorizing Shiite Kurds during the Iran-Iraq war, sentencing him to 10 years in prison.

The jail term piles a new penalty on the 74-year-old Aziz, who already faces an execution sentence from another case.

Aziz was spared the death penalty in the Saddam-era crimes against humanity because he had a lesser involvement in the atrocities than some of his co-defendants, said Mohammed Abdul-Sahib, a spokesman for the Iraqi High Tribunal. The case involves crimes targeting Iraq's small sect of Shiite Kurds, known as Faili.

At least three former Saddam loyalists were sentenced to death in the same case, although two of the dictator's half brothers were found not guilty in the campaign against the Faili Kurds.

Saddam was a Sunni Muslim. In all, 15 defendants were charged in the case.

The small Faili minority comes mainly from an area in northeastern Iraq that straddles the Iraq-Iran border. Saddam killed, detained and deported tens of thousands of Faili Kurds early in his 1980-1988 war with Iran, denouncing them as alien Persians and spies for the Iranians.

Aziz was the highest-profile defendant to come before judges on Monday. He already faces execution in an earlier case linking him to Saddam's persecution of Shiite political parties.

His Italy-based lawyer, Giovanni di Stefano, called his return to court an example of "how seriously flawed is the Iraqi criminal justice system." He said all of the allegations against Aziz should have been rolled into one trial.

Di Stefano also said he plans to sue the U.S. government for reneging on what he called an agreement approved by former U.S. President George W. Bush to release Aziz after being questioned about the Saddam regime as a condition of his 2003 surrender to American forces in Iraq.

Aziz is still waiting to hear whether President Jalal Talabani, himself a Kurd, will grant him a presidential pardon or if he will be executed on order from the High Tribunal's appeals court — a decision that could come at any time. Talabani has said he will not sign off on Aziz's death warrant, given his old age and the fact that he was the only Christian in Saddam's inner circle.

But there are ways in Iraq's constitution to bypass the president in capital cases — such as an act of parliament or the approval of one of Talabani's two deputies. It's also not clear if Talabani has the constitutional authority to grant Aziz a pardon.

Source: AP, November 29, 2010