[DanaC]

I have always been against the death penalty. I would say it was probably the first actual political opinion I ever held. Probably because it was something heavily debated in the public sphere when I was growing up. I recall us having debates about it in school when I was 11 years old or so.

Initially, I think it was the sense of horror at the thought that anyone could, in theory, find themselves facing execution in the event of a miscarriage of justice. Thre were several high profile cases around the same time, in which people were shown fairly categorically, to have been wrongfully convicted of capital crimes. Some of these were ongoing for many years, and had a strong racial or political component.

Over the years I refined my views somewhat. I now object to it in principle, even if one could ever be truly secure in the justice system and its findings. I do not believe in meeting personal murder with state murder.

I also think that the power to take away life is far too great to be invested in the hands of government and judiciary. And I find it baffling that in a country like America, where trust in political offices and governmental systems is so low, you would nonetheless willingly hand that power to them.

But back to the pragmatic reasons for concern:

Here are some examples of unsafe, or questionable convictions in recent decades, which led to the execution of the (possibly innocent) people involved.

1. Troy Davis - executed

The case went through both state and federal appeals. Multiple witness came forward in affidavits admitting that they felt bullied by the police running the investigation and were forced to give false testimony against Davis.

The case went before the US Supreme Court in 2011. The appeal was rejected however and the execution was carried out on the evening of September 21, 2011.

There is still question about whether Davis was guilty or innocent.

2. Johnny Frank Garrett - executed Feb 1992

On October 31st, 1981, Johnny Frank Garrett was accused of both raping and murdering Sister Tadea Benz, a 76-year-old nun.

Garrett, then 17, had admitted guilt to the crime when examined by a forensic psychiatrist brought in by his defense team. During the interview the doctor said that she found him to have both severe brain damage as well as multiple personalities, only one of which confessed to the crime.

Garrett later stated that he did not confess anything and there were no tapes made of the interview.

His mother plead with the state of Texas to exonerate her son with the DNA evidence that they had. Texas has refused to do so to this day.
-snip-

12 years later, cold case DNA testing found Leoncio Perez Rueda guilty of the rape and murder of Narnie Bryson, another elderly victim that was killed 4 months before Sister Benz.

Both cases had similar evidence, including white t shirts and curly brown hairs found on both scenes. Rueda confessed to the crime against Bryson and also confessed to killing a nun later. It was also caught on camera that Rueda stated that it was indeed his shirt found at the site of Sister Benz' murder.

3. Ellis Waybe Felker

Ellis Wayne Felker was convicted for murder of Evelyn Ludlum in 1981. Her last known whereabouts were visiting Felker at his leathershop in the hopes of receiving a job with him. Felker was put under surveillance for two weeks, after Ludlum's abandoned car was found and a datebook noted that he was her last point of contact.

The body was found shortly afterward in a creek, raped, and murdered by asphyxiation. When an autopsy was originally performed it was determined that Ludlum had been dead for 5 days when she was found. This eliminated Felker as a suspect as he was under surveillance during this time. The findings were changed however when another autopsy was ordered and it was found that Ludlum could not have been dead for more than 3 days, since she was found in running water though, the exact time of death could not be determined.

Felker was convicted of the murder and rape and later sentenced to death. In September 1996 Felker's attorneys received evidence that had been withheld unlawfully by the prosecution during the trial. The DA in charged denied under oath that such evidence did not exist. Included in the evidence was possible DNA samples and a signed confession that was made by another suspect who was mentally retarded.

In spite of all the evidence and doubts of guilt, the Supreme Court of Georgia refused to have a new trial and proceeded with Felker's execution later that year after the Summer Olympics since they were held in Atlanta at the time.

4. Cameron Todd Willingham

Cameron Todd Willingham was charged with the arson deaths of his three daughters when the house they were living in burned down in 1991 in Texas.

During the trial there was multiple conflicting pieces of evidence that could either prove that the fire was started by a liquid acceleration or by faulty electronics. There was much debate between the various fire authorities. Throw in the fact that there was various witness testifying either for or against him.

In the end Willingham was convicted of arson and murder and sentenced to death. After 12 years of appeals, he was executed by lethal injection.

The case is still receiving attention due to the fact that there may be evidence that Governor Rick Perry might have influenced conviction by firing the original forensic scientist who argued against conviction. Investigation is ongoing.

5. Larry Griffin

In 1981, Larry Griffin was convicted of the murder of 19 year-old Quintin Moss. Moss was a drug dealer who was killed in a drive by shooting.

While there were only a few eye witnesses, the conviction was based. almost solely, on the testimony of Robert Fitzgerald, a career criminal. The jury pronounced him guilty, and Griffin was executed by lethal injection in 1995 after a failed appeal process.

In 2005 though an investigation was reopened by the NAACP Legal Defense and Education Fund. It was found that there were crucial pieces of evidence withheld during the trial. These included the fact that Griffin was left-handed, even though Fitzgerald testified that the gun was shot by someone right-handed. Also, there was no DNA or fingerprint evidence the Griffin ever even held the murder weapon and an alibi witness the could put Griffin in a different place at the time of the murder.

The investigation concluded with Griffin being presumed innocent.

from http://www.ranker.com/list/8-_allege...d-jones?page=2

The appeals process is only as strong as the individuals who man it. There is a good deal of evidence that personal prejudice, political expediency and outright incompetance can and do subvert the judicial system from first investigation to final appeal.