News & Developments
Mental Illness
May 29, 2024
Recent Decisions in Capital Cases Reflect Growing Understanding of How Serious Mental Illness Affects Behavior and Culpability
May is Mental Health Awareness Month, and the impact of mental illness is keenly felt on death row: at least two in five people executed have a documented serious mental illness, and research suggests that many more death-sentenced prisoners are undiagnosed. A national majority, 60% of Americans, opposes executing people with serious mental illness. In the past two decades, science and medicine have contributed to a much better understanding of how serious mental illness, which refers to mental, behavioral, or emotional disorders that significantly impair a person’s ability to function…
Read MoreRace
May 28, 2024
Alabama Court of Criminal Appeals Categorically Bars Review of Racial Bias in Capital Jury Selection
On May 3, 2024, the Alabama Court of Criminal Appeals announced its decision in the case of Christopher Henderson, a death-sentenced man who had been tried by an all-white jury in Madison County, Alabama, where the population is 24.6% Black. Prosecutors in his capital trial used peremptory strikes to remove six of the 10 qualified Black potential jurors and all remaining jurors of color. Mr. Henderson’s counsel from the Equal Justice Initiative identified evidence that the prosecutor’s strikes were racially discriminatory in violation of Batson v. Kentucky, which held that…
Read MoreNew Voices
May 24, 2024
Article of Interest: Retired Supervising Detective Says There Was No Crime in Robert Roberson’s Case
In a May 23, 2024 op-ed published in The Dallas Morning News, Brian Wharton, the retired supervising detective in Robert Roberson’s case, urged Anderson County District Attorney Allyson Mitchell to reexamine the case and the Texas Court of Criminal Appeals to reexamine a pending motion on Mr. Roberson’s innocence claims, which have previously been denied. “It would be a terrible legacy for all of us to be associated with executing an innocent man based on a rush to judgment and bad science,” concluded Mr. Wharton. “We must prevent Texas from…
Read MoreInnocence
May 22, 2024
Family of Youngest Person Executed in Pennsylvania History Sues County for His Wrongful Conviction and Execution 93 Years Ago
Susie Williams Carter was just a baby when her 16-year-old brother, Alexander McClay Williams, was convicted of murder and executed in Pennsylvania in 1931. Over 90 years later, Ms. Carter, now 94, continues her family’s determination to clear her brother’s name. In June 2022, a Delaware County, Pennsylvania judge agreed that law enforcement had disregarded evidence and coerced Mr. Williams into signing multiple false confessions. All charges against Mr. Williams were posthumously dismissed and then-Governor Tom Wolf apologized to his family, calling Mr. Williams’ execution “an egregious miscarriage of justice.”…
Read MoreInnocence
May 21, 2024
Alabama District Attorney Files Amicus Brief in Support of New Trial for Toforest Johnson
On May 20, 2024, Jefferson County, Alabama District Attorney Danny Carr asked a circuit judge to grant a new trial to Toforest Johnson (center), an Alabama death row prisoner whose conviction DA Carr believes is “fundamentally unreliable.” This extraordinary request is the latest in a series of appeals for Mr. Johnson, who was sentenced to death in 1998 for the 1995 murder of Jefferson County Deputy Sheriff William Hardy but has always maintained his innocence. “A thorough review and investigation of the entire case leaves no confidence in the integrity…
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