The Innocent Executed
By William Kreuter
"The criminal justice system can and does fail to distinguish the innocent from the guilty, and the implications for capital punishment are ghastly." -- from a discussion on the Internet in January, 1997.
Justice: Denied unconditionally opposes capital punishment. Although our primary focus is to free the wrongly convicted, the death penalty is an important allied focus. As we noted in our editorial in Issue 10, one leading reason for our stance is the astonishing number -- now well over eighty and rising rapidly -- of prisoners who in the past quarter century were sentenced to death but were released from prison because of the likelihood of their innocence. A frequent rebuttal to this argument is that no innocent person has actually been executed. In this article we examine the weakness of that claim.
The rebuttal is fatuous partly because of its circular logic. There is no judicial mechanism for review of guilt or pronouncement of innocence after an execution. The courts are done with it. Therefore, it should go without saying that no court has announced that an executed person was innocent, since American courts by definition do not make such findings.
Here, however, we will explore some of what we believe to be at least a few dozen instances when prisoners who most likely were innocent nevertheless were executed. (Not all the prisoners with the strongest claims of innocence are mentioned in this article.) In many of these cases, evidence of innocence was available to judges or governors who could have prevented the execution.
The reasons they didn't do so include maintaining a public image, pretense of fairness, and narrow-minded dedication to procedure even when a life is at stake. (The unavailability of governors' commutations as a safety valve for innocence is a whole subject in itself.) In some cases, notably Wayne Felker's, dissenting judges noted the gross miscarriage of justice, while Pedro Medina lost by just one vote in Florida's highest court the right to a hearing of evidence of his innocence. But the fact that the executions took place does not at all weaken the evidence of innocence in any of these cases.
Elsewhere in this issue, we discuss the recent news of the moratorium on executions in Illinois proclaimed this past January. Governor Ryan took that action because more prisoners have left that state's death row on account of innocence than by execution. One of those released, Anthony Porter, was only two days from lethal injection when his execution was stayed. What's lost in the news about the Illinois moratorium is that had Porter been executed, he simply would have been regarded as guilty by definition and there would have been no hand-wringing over executing the innocent.
An example of exactly that situation was Girvies Davis, also mentioned elsewhere in this issue. Davis was likely an innocent victim of a coerced confession who was executed in Illinois in 1995. Prior to that execution, a widespread campaign sought to publicize his innocence, yet Davis is now a forgotten prisoner never mentioned in any of the media coverage of the Illinois moratorium.
Issue 10 of J: D examined Odell Barnes, Freddie Lee Wright and Philip Workman, who are all probable victims of manufactured evidence and corrupt proceedings. Barnes was executed on March 1st in Texas, and Wright's execution was on March 3rd in Alabama. Workman is scheduled to be killed April 6 in Tennessee.
Among cases mentioned in previous issues of J: D is David Wayne Spence, executed by the state of Texas on April 3, 1997 despite the conclusion of the police lieutenant who supervised the case that "I do not think David Spence committed this crime." The homicide detective on the case added, "My opinion is that David Spence was innocent. Nothing from the investigation ever led us to any evidence that he was involved." One of the inmates who testified in Spence's trial, Robert Snelson, said, "We all fabricated our accounts of Spence confessing in order to try to get a break from the state on our cases."
The reader should also bear in mind that many, perhaps most, of the 85-plus freed death-row prisoners surely would have been executed if the appeals rules and US Supreme Court makeup of the present day had been in effect when the state hoped to kill them. Randall Adams, the subject of the documentary The Thin Blue Line, is a well-known example of a freed prisoner who wouldn't have survived had his frame-up occurred twenty years later than it did in the mid-70s.
Executed Innocents