CONDEMNING THE INNOCENT TO DIE

BUSH THE LESSER had no problem executing innocent men and woman as Texas governor and continues his caviler view of the value of life as President viz a viz Iraq.

Under our nation's current criminal justice system, innocent people are being sentenced to die. A recent national study which thoroughly examined 23 years' worth of results in death penalty cases (that is every ruling not merely a sample of them) found serious, reversible errors in 68% of the cases--nearly 7 our of 10.

Often the error was the result of totally incompetent legal counsel. The vast majority of death penalty defendants are poor. They cannot afford their own counsel, so they are assigned attorneys by the court. Time after time, defendants are provided lawyers who have little or no experience in death penalty cases.

As a result they miss evidence, or simply refuse to conduct in depth evidentiary research at all. They don't call relevant or expert witnesses. They leave the courtroom for extended periods of time. Some even fall asleep at the trial table. As William Cohen said: THE APPEARANCE OF JUSTICE IS JUST AS IMPORTANT AS JUSTICE ITSELF IN TERMS OF MAINTAINING PUBLIC CONFIDENCE IN OUR JUDICIAL SYSTEM.

For example Judy Haney's court appointed lawyer was so drunk during her trial that he passed out, was held in contempt of court, and sent to jail. The next day both client and attorney came our of the cellblock and the trial resumed. But being drunk in court was just the tip of the iceberg.

This same lawyer failed to present hospital records showing that Haney was a battered spouse--a victim of repeated abuse--a key fact in why she had her adulterous husband killed. Many other women have successfully used such sustained abuse, both physical and emotional, in their defense. Despite this shoddy representation, Haney's death sentence was upheld by he state's Supreme Court. She remains on death row.

Matinex Macias was represented at his trial by an attorney who failed to present an available alibi witness, relied on an incorrect assumption about a key point of evidence, and didn't bother to interview and present witnesses who could have testified in rebuttal to the prosecutor's case. Martinez Macias was sentenced to death. And we have the wisdom of Nancy Reagan: I BELIEVE THAT PEOPLE WOULD BE ALIVE TODAY IF THERE WERE A DEATH PENALTY.


A Washington D C law firm stepped in and took his case pro bono. After a full investigation of the facts regarding his innocence Martinez Macias won a review and a new grand jury refused to re indict him and he was released after 9 years on death row. In the words of Learned Hand: IF WE ARE TO KEEP OUR DEMOCRACY THERE MUST BE ONE COMMANDMENT: THOU SHALL NOT RATION JUSTICE.