Honestly, I would like to know what the percentage of "wrongfully executed" people in this country has been since the death penalty was instituted. From what I read from some of the posts here, it makes me think that every 1 out of 2 executions was like the John Coffey one in "The Green Mile". Maybe I am being incredibly naive here, but if there is any doubt whatsoever to a person's innocence, I don't see how they can receive the death penalty.
http://archive.aclu.org/issues/death/23executed.html http://www.nodeathpenalty.org/fiveRs3.html 23 is 23 too many. 1 is 1 too many.
Jackie, Thanks for the links. Now after reading them, here is my responses: 1. Adams, James. Florida. Adams was convicted of first-degree murder, sentenced to death, and executed in 1984. A witness identified Adams as driving the car away from the victim's home shortly after the crime. This witness, however, was driving a large truck in the direction opposite to that of Adams' car, and it was later discovered that this witness was angry with Adams for allegedly dating his wife. A second witness the day after the crime stated that the fleeing person was positively not Adams. A hair sample found clutched in the victim's hand, which in all likelihood had come from the assailant, did not match Adams’ hair. This one stood out, to me, as the biggest travesty of them all. There was no excuse for this, could have been motivated by sicker things like racism or just a personal vendetta against Adams. 2. Anderson, William Henry. Florida Anderson was convicted of the rape of a white woman, sentenced to death, and executed in 1945 without an appeal having been made. The victim had not resisted, screamed, or used an available pistol to resist Anderson's advances. Anderson and the victim had been consensually intimate for several months before rape charges were filed. Done in 1945, in the South, where racism was rampant; I am surprised that this site didn't find a 100 cases like this one. Hardly a case against the death penalty, more like a case against racism 3. Applegate, Everett. New York. Applegate was convicted, with Francis Q. Creighton, of the murder of Applegate's wife; both were sentenced to death in 1936. Creighton had been tried and acquitted on two separate occasions for similar murders a dozen years before she met Applegate. In this case, she killed the victim (by arsenic poisoning) at Applegate's instigation. "Virtually no evidence against Applegate existed beyond Mrs. Creighton's unsupported word." Governor Herbert Lehman, who had doubts about Applegat's guilt, requested the prosecutor's support for clemency for Applegate; it was not forthcoming, and clemency was denied. This one might be tougher to dismiss but it happened nearly 70 years ago where there was a wide distrust of immigrants, minorities, etc. I don't know if the victims (Applegate and Creighton) fall into that category, but I am guessing they probably do 4. Bambrick, Thomas. New York. Bambrick was convicted of murder, and sentenced to death. Evidence was later discovered that convinced Warden Thomas Mott Osbourne and the prison chaplain that another man had committed the crime. Osbourne commented "It is almost as certain that Bambrick is innocent as that the sun will rise tomorrow." Hard to evaluate this one since a date was left off. 5-6. Becker, Charles and Frank ("Dago") Cirofici. New York. Becker and Cirofici were convicted of murder; Cirofici was executed in 1914 and Becker in 1915. The victim, Rosenthal, was a gambling house owner. He was convicted largely on the testimony of gamblers and ex-convicts in the glare of extensive newspaper publicity about police corruption. Former Sing Sing warden, Thomas Mott Osbourne, who knew the closet friends of the gunmen, stated that these friends all agreed Cirofici had nothing to do with the murder and was not even present when it occurred. Warden Osbourne also believed that Becker was not guilty. Laughable that this is used as crooks help convict these 2 people. 7. Collins, Roosevelt. Alabama. Collins was convicted of rape, sentenced to death, and executed in 1937. Collins testified that the victim the "victim" had consented, which caused a near-riot in the courtroom. The all-white jury deliberated for only four minutes. Subsequent interviews with several jurors revealed that although they believed the act was consensual, they also thought Collins deserved to death simply for "messin’ around" with a white woman. Even the judge, off the record, admitted his belief that Collins was telling the truth. "An innocent man went to his death." See the response to #2 8. Dawson, Sie. Florida. Dawson was convicted of first-degree murder and sentenced to death. The conviction by an all-white male jury was based on a confession obtained from Dawson after he had spent more then a week in custody without the assistance of counsel and on an accusation by the victim's husband. Dawson had an I.Q. of 64. At trial, Dawson repudiated his confession, claiming it was given only because "the white officers told him to say he killed Mrs. Clayton or they'd give him to "the mob’ outside." There were no eyewitnesses and the circumstantial evidence was slight and inconclusive. See the response to #2 9. Garner, Vance. Alabama. With Jack Hunter and Will Johnson, Garner was convicted of murder and sentenced to death. No appeals were undertaken. Garner had maintained his complete innocence, while Hunter admitted his own guilt and absolved both Garner and Johnson. Johnson's sentence was later commuted to life, but Garner was executed in 1905. Sigh, see the response to #2 10-11. Grezchowiak, Stephen and Max Rybarczyk. New York. Grezchowiak and Rybarczyk were both convicted of felony murder and sentenced to death. Co-defendant Alexander Bogdanoff insisted that neither Grezchowiak nor Rybarczyk had been involved in the crime, and that each had been mistakenly identified by the eyewitnesses. He refused, however, to reveal the names of his true accomplices. In their final words, they maintained their innocence, and Bogdanoff again declared that the two were innocent. No date is given but I am guessing this took place before World War II, with the hysteria of immigrants running rampant in NY in the '20s (see Sacco and Vanzetti), this seems like a similar situation to that famous case. 12. Hauptmann, Bruno Richard. New Jersey. Hauptmann was convicted of felony-murder-burglary, sentenced to death, and executed in 1936. He was infamous as the ransom-kidnapper of the Lindbergh baby. Although Governor Hoffman believed that Hauptmann was framed, he chose not to halt the execution. There is no doubt that the conviction rested in part on corrupt prosecutorial practices, suppression of evidence, intimidation of witnesses, prejured testimony, and Hauptmann's prior record. Once again, an immigrant takes the fall and this one takes the fall for a "beloved" American hero, who in reality was not the nicest of people. 13. Hill, Joe. Utah. Hill was convicted and sentenced to death for the murder of two storekeepers. The prosecution was based on sketchy circumstantial evidence and was in part the result of collusion between the prosecution and the trial judge in an atmosphere of anti-union hostility. Despite several appeals from President Woodrow Wilson to the Utah authorities for a reprieve, Hill was denied a new trial. Hill appears to have been an innocent victim of "politics, finance and organized religion, a powerful trinity"; his conviction and death are "one of the worst travesties of justice in American labor history." Happened with Woodrow Wilson as President, meaning this occurred sometime in the '20s. Hmmm, I imagine there were several of these type cases back then. 14. Lamble, Harold. New Jersey. Lamble was convicted and sentenced to death. After the execution, Governor Edward Edwards refused requests to appoint a special counsel to investigate the case, despite what the New York Times called a "rather widespread fear that perhaps" Lamble was innocent. Lamble's attorney was disbarred for mishandling the defense. Another like #1, but no date is given, so hard to tell. 15. Mays, Maurice F. Tennessee. Mays was convicted of murder in the killing of a white woman and sentenced to death. Mays’ conviction rested on the testimony of a police officer who had disliked him for years and on the testimony of an eyewitness who never got a clear look at the killer. On appeal, the conviction was reversed because the judge, rather than the jury, had fixed the penalty at death. Mays was retried, reconvicted, and resentenced to death. In 1922, Mays was executed, still maintaining his innocence. In 1926, the real killer confessed in a written statement that revealed she was a white woman who had dressed up as a black man to kill the woman with whom her husband was having an affair. See #2, yet again. 16. McGee, Willie. Mississippi. McGee was convicted of the rape of a white woman and sentenced to death by an all-white jury that deliberated for only two and a half minutes. the chief evidence against him was a coerced confession that he gave after being held incommunicado for thirty-two days after his arrest; the victim's husband and her two children, asleep in the next room, never heard any commotion from the alleged attack. The victim had been consorting with McGee for four years and was angry at his efforts to terminate their relationship. Nonetheless, local blacks were too intimidated to give this evidence in court, and local whites felt the woman's consent was impossible or irrelevant. McGee was executed in 1951. Sigh, another see #2 17-18. Sacco, Nicola, and Bartolomeo Vanzetti. Massachusetts. Sacco and Vanzetti were convicted of murder in the course of armed robbery, sentenced to death, and executed in 1927. Their case is probably the most controversial death penalty case in this century. They were arrested and tired in an atmosphere dominated by "the Red Scare" of the early 1920s. In 1925, another man also under the death sentence in Massachusetts confessed to the crime. Extensive investigation of the confession convinced many that he was, indeed, telling the truth. In 1926, the trial judge denied motions for a retrial based on the confession. In 1977, on the occasion of the fiftieth anniversary of the executions, Governor Dukakis signed a carefully worded proclamation intended to remove "any stigma and disgrace" from their names. Clearly a black day in American history, this is the classic case of racism/discrimination ever seen in this country and it happened almost 80 years ago (which of course doesn't make it right but tells how messed up the times were back then). 19. Sanders, Albert. Alabama. Sanders was convicted with Fisher Brooks of murder and sentenced to death. Though he had nothing to gain by helping Sanders, Brooks testified at Sander's trial that Sanders was innocent. Another fellow prisoner testified that he had heard Sanders confess, however, and both Brooks and Sanders were executed in 1918. In a statement from the scaffold, Brooks again insisted on Sanders’ innocence. See #2. 20. Sberna, Charles. New York. Sberna was convicted of first-degree murder of a police officer. His codefendant, Salvatore Gati, testified at the trial that Sberna was innocent. Gati also said the head of the New York Homicide Bureau had told him that he knew Sberna was innocent, and would clear his name if Gati would reveal the name of his real accomplices. Gati refused to do this. Sberna and Gati were both wrongfully executed in 1938. The prison chaplain said of Sberna, "This is the first time I’ve ever been positive that an innocent man was going to the chair." Sberna doesn't sound like an American name especially in pre-World War II USA...another Sacco and Vanzetti. 21. Shumway, R. Mead. Nebraska. Shumway was convicted of the first-degree murder of his employer's wife on circumstantial evidence and sentenced to death. One juror, the only one to hold out against the death penalty, told his friends he "had not slept well any night since the trial." He later left a note in which he expressed "great worry at the trial," and he then killed himself. In 1910, the victim's husband confessed on his deathbed that he had murdered his wife. Tough to tell about this one, but it happened almost 100 years ago, meaning that there were probably several cases like this one. 22. Tucker, Charles Louis. Massachusetts. Tucker was convicted of first-degree murder and sentenced to death in 1905. More than 100,000 Massachusetts residents signed petitions on behalf of clemency. Among those convinced of his innocence was the county medical examiner and a clergyman who said a witness had told him she perjured herself at the original trial. Tucker was nonetheless executed in 1906. See the response for #21 23. Wing, George Chew. New York. Wing was convicted of first-degree murder (after a 30-minute trial) and sentenced to death. While he was in prison awaiting execution, Wing convinced several observers that he had been falsely identified by eyewitnesses and that perjured testimony had been used against him. Warden Lewis Lawes also questioned his guilt, but Wing was nonetheless executed in 1937. Another case that sounds like a Sacco and Vanzetti. So out of these 23 cases, 5 of them sound like there *could* have been something there that was not flat-out racism or discrimination. However, it is not surprising that the 1985 is the most current one. It would have made a more compelling argument against the death penalty, if there was a link that showed 23 innocent people being executed that were not minorities and were executed within the last 30 years. All that site showed was how incredibly racist this country has been (and still is). That is not an issue with the death penalty, that is an issue with a more fundamental and severe problem in racism. As for the other link, that is a bizarre case and one that should have not occurred. Once again, if there was any doubt to Herrera's innocence, then he shouldn't have gotten the death penalty, IMO. To me, that is the biggest problem with the death penalty. If it is exercised by using common sense and good judgement like for a John Wayne Gacy, then it does its job. But if it used in the Herrera case, all it does is cause its opponents to rise up and say, "See, I told you that the death penalty was a bad thing." No ****, it is a bad thing when it is decided in an improper way.