Editorial: Spring-breakers join an anti-death-penalty crusade

“Incendiary: The Willingham Case” premiered at SXSW Film on Saturday, March 12, 2011 at 4:30 p.m. Watch video of the post-screening Q&A with the filmmakers.

Filmmakers Steve Mims and Joe Bailey Jr. were introduced after the world premiere by Texas Tribune CEO and editor-in-chief of The Texas Tribune.

Guests in the audience included fire expert Gerald Hurst, former judge Charlie Baird and Sam Bassett former chair of the Texas Forensic Science Commission.

SXSW Film Festival
Austin, Texas

John Bradley’s mean-spirited, unethical behavior as chair of the Texas Forensic Science Commission appears to have lost him support in the Texas Senate for his confirmation. We pushed for John Bradley’s removal as chair of the Texas Forensic Science Commission from the day he was appointed in 2009 because we knew his appointment was part of an attempt to impede the investigation into whether faulty forensic science led to the wrongful conviction of Todd Willingham. Now, it appears that the Texas Senate agrees with us that John Bradley is unfit to be chair of the Forensic Science Commission.

From the Statesman:

The confirmation of Williamson County District Attorney John Bradley as chairman of the state Forensic Science Commission appears to be in deep trouble, as two Senate Republicans confirmed today that they will vote no.

That would leave Bradley four votes short of the required 21 needed to bring his name up for a Senate vote.

It also means that Bradley will almost certainly remain as chairman of the nine-member commission for a scheduled April 15 meeting, where it could possibly take action on the controversial Cameron Todd Willingham arson case.

Willingham was executed in February 2004 on charges that he murdered his three children by torching their Corsicana home in 1991. He denied killing his children, and an expert hired by the commission said in an August 2009 report that the original arson finding was not sustainable.

Gov. Rick Perry, during a re-election campaign, abruptly replaced three members of the commission and named Bradley, known for his adamant style, as the new chairman. That nomination is now subject to Senate confirmation.

“At this point, his nomination not going anywhere,” said Nominations Committee Chairman Bob Deuell, R-Greenville. “Unless something changes, it’s over.”

But unlike the 2009 nominations of Burleson County businesswoman Shanda Perkins for the state Board of Pardons and Paroles, and Don McLeroy as chairman of the State Board of Education, Deuell said there is no plan to call Bradley’s nomination to a vote so he can be officially voted down.

“No one’s pushing me to bust him that way,” Deuell said. “(Bradley) has asked for some time to talk to senators, and we’re going to give it to him . . . But right now, I don’t see anything changing.”

Bradley said there is no deadline for a vote and that he is continuing to talk to senators to line up support.

“The senators have a right to express their opinions,” he said, declining to detail the ongoing talks.

Should the Senate not vote further on Bradley’s nomination, his term would end at the end of the legislative session in early June. Should the logjam break and his appointment be confirmed, Bradley’s term would end in September.

“I’m getting quite the education in criminal justice, politics and forensic science,” he said.

Last week, Bradley and Sen. Rodney Ellis, D-Houston, tangled during a testy verbal exchange during the Nominations Committee hearing. Bradley accused Ellis of having a conflict of interest by serving as chair of the New York-based Innocence Project, which is pushing to overturn the arson finding in the Willingham case.

At one point, Deuell interceded to demand more civility between the two. Bradley was unapologetic for the exchange, and Ellis within hours had lined up the support of the Senate’s 12 Democrats to block the nomination.

Two Republicans soon joined then.

Sen. Kevin Eltife, R-Tyler, said he is against Bradley’s nomination because of his controversial tenure as chairman of the commission. The exchange with Ellis is “only the latest example,” he said.

“This is no longer about him, it’s about the need for a change,” Eltife said. “Once a situation becomes this volatile, sometimes you need to make a change. That’s what I think the commission needs.”

Sen. John Carona, R-Dallas, said he also opposes Bradley’s nomination, and has no intention of changing his mind.

“I watched his disrespect for members of the Legislature on this and many other occasions, and based on that issue alone I will vote no,” he said. “His sheer dismissive attitude toward questions, toward the Legislature, that he has demonstrated time and time again, cannot be overlooked.”

Bradley’s Republican supporters said they hoped to persuade Sen. Eddie Lucio, D-Brownsville, to vote for the nomination. But Lucio said he is not switching.

“I don’t like the way he treated me on my life-without-parole bill last session, the way he talked down to me and treated me during that discussion,” Lucio said. He was the biggest opponent of that bill . . . There was no common courtesy.’

STATEMENT FROM GOVERNOR PAT QUINN

Today I have signed Senate Bill 3539, which abolishes the death penalty in Illinois.

For me, this was a difficult decision, quite literally the choice between life and death. This was not a decision to be made lightly, or a decision that I came to without deep personal reflection.

Since the General Assembly passed this bill, I have met or heard from a wide variety of people on both sides of the issue. I have talked with prosecutors, judges, elected officials, religious leaders from around the world, families of murder victims, people on death row who were exonerated and ordinary citizens who have taken the time to share their thoughts with me. Their experiences, words and opinions have made a tremendous impact on my thinking, and I thank everyone who reached out on this matter.

After their guidance, as well as much thought and reflection, I have concluded that our system of imposing the death penalty is inherently flawed. The evidence presented to me by former prosecutors and judges with decades of experience in the criminal justice system has convinced me that it is impossible to devise a system that is consistent, that is free of discrimination on the basis of race, geography or economic circumstance, and that always gets it right.

As a state, we cannot tolerate the executions of innocent people because such actions strike at the very legitimacy of a government. Since 1977, Illinois has seen 20 people exonerated from death row. Seven of those were exonerated since the moratorium was imposed in 2000. That is a record that should trouble us all. To say that this is unacceptable does not even begin to express the profound regret and shame we, as a society, must bear for these failures of justice.

Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it. With our broken system, we cannot ensure justice is achieved in every case. For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release.

I have found no credible evidence that the death penalty has a deterrent effect on the crime of murder and that the enormous sums expended by the state in maintaining a death penalty system would be better spent on preventing crime and assisting victims’ families in overcoming their pain and grief.

To those who say that we must maintain a death penalty for the sake of the victims’ families, I say that it is impossible not to feel the pain of loss that all these families share or to understand the desire for retribution that many may hold. But, as I heard from family members who lost loved ones to murder, maintaining a flawed death penalty system will not bring back their loved ones, will not help them to heal and will not bring closure to their pain. Nothing can do that. We must instead devote our resources toward the prevention of crime and the needs of victims’ families, rather than spending more money to preserve a flawed system.

The late Cardinal Joseph Bernadin observed, “[i]n a complex, sophisticated democracy like ours, means other than the death penalty are available and can be used to protect society.” In our current criminal justice system, we can impose extremely harsh punishments when warranted. Judges can impose sentences of life imprisonment without the possibility of parole. Where necessary and appropriate, the state can incarcerate convicted criminals in maximum security prisons. These means should be sufficient to satisfy our need for retribution, justice and protection.

As Governor, I took an oath to uphold our state’s Constitution and faithfully execute our laws. Honoring that oath often requires making difficult decisions, but I have found none to be as difficult as the one I made today. I recognize that some may strongly disagree with this decision, but I firmly believe that we are taking an important step forward in our history as Illinois joins the 15 other states and many nations of the world that have abolished the death penalty.

Illinois Governor Pat Quinn today signed the bill to abolish the death penalty in Illinois. This shows that a moratorium is a good strategy to pursue against the death penalty because Illinois started with a moratorium in 2000. Texas should enact a moratorium in 2011, so please register to come to Austin next Wednesday March 16 on the statewide Texas Lobby Day Against the Death Penalty to lobby for a moratorium on executions in Texas.


From the Chicago Tribune:

SPRINGFIELD — Gov. Pat Quinn today signed into law a historic ban on the death penalty in Illinois and commuted the sentences of 15 death row inmates to life without parole.

Quinn signed the legislation in his Capitol office surrounded by longtime opponents of capital punishment in a state where flaws in the process led to the exoneration of numerous people sentenced to death.

“For me, this was a difficult decision, quite literally the choice between life and death,” Quinn wrote in his signing statement. “This was not a decision to be made lightly, or a decision that I came to without deep personal reflection.”

“Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it,” Quinn wrote. “With our broken system, we cannot ensure justice is achieved in every case.”

“For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release,” the governor wrote.

A small group of lawmakers also was on hand, including lead sponsors Rep. Karen Yarbrough, D-Maywood, and Sen. Kwame Raoul, D-Chicago. Senate President John Cullerton, D-Chicago, and House Majority Leader Barbara Flynn Currie, D-Chicago also attended. Lt. Gov. Sheila Simon, who lobbied Quinn to sign the ban, was there.

The ban comes about 11 years after then-Gov. George Ryan declared a moratorium on executions after 13 condemned inmates were cleared since Illinois reinstated capital punishment in 1977. Ryan, a Republican, cited a Tribune investigative series that examined each of the state’s nearly 300 capital cases and exposed how bias, error and incompetence undermined many of them.

Since then, Illinois approved reforms to the capital punishment system, including taping interrogations under a proposal forged by President Barack Obama when he served in the Illinois Senate. Only two days before leaving office in January 2003, Ryan commuted the death sentences of 164 prisoners to life in prison. Quinn and his predecessor, Rod Blagojevich, kept the moratorium in place.

In 1972, the U.S. Supreme Court struck down death penalty statutes in 40 states, including Illinois. Five years later, Illinois reinstated capital punishment, and it has been among the 35 states that currently allow executions. Illinois could join New York, New Jersey and New Mexico, all of which have done away with the death penalty in the last three years.

The death penalty ban would take effect July 1.

Quinn did not have to immediately act on the 15 death row inmates, but chose to commute their sentences to life in prison.