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Mar 17, 2010

Judge Kevin Fine, USDC-Dist. 177, Texas
Pronounced capital punishment unconstitutional

THANK YOU, JUDGES!   Judges and juries are changing justice in America for the better.  I was surprised and delighted to read that the U.S. prison population declined for the first time in decades.  Many people are grateful to you for using drug courts, mental health courts, and being more careful to evaluate the evidence presented against defendants.  Thank you especially for the decline in death penalty sentencing in every state except California. Even Texas' death sentences declined, a state that can be very proud of judges like Judge Kevin Fine.  We appreciate all that you do to be just and compassionate, judges and juries in America. We count on you, and you are demonstrating that you care about justice.  The Bible refers to the leaders of God's people as judges.  You have much power, and we appreciate your using it righteously.  Juries are comprised of people in the defendants' communities.  They have reevaluated justice lately and returned more humane sentences across the nation.  Thank you, defense attorneys, especially hardworking public defenders. I believe even our prosecutors may deserve praise. Perhaps they are not withholding evidence from defense attorneys and coercing witnesses as often. We need prosecutors to help put people behind bars who violate our property rights and safety, but not innocent people. Police officers are likely being more careful with evidence.  It likely takes change from many people to lower sentences.  California has a dismal report at number 11 below and Indiana at number 4, but this is a good news report otherwise.  See the exciting headlines beneath my signature block!  Also, read about Darrell Lomax after the links.  He is a wrongly convicted condemned man in California.

Mary Neal
Assistance to the Incarcerated Mentally Ill
http://www.Care2.com/c2c/group/AIMI
 

  1. Texas Moratorium Network: Death Sentences Decline, Life Without ...
    Dec 28, 2009 ... Death Sentences Decline, Life Without Parole Sentences Rising, ... to die in prison, so they constitute a new kind of condemned person. ...
    stopexecutions.blogspot.com/.../death-sentences-decline-life-without.html - Cached
  2. Federal Drug Sentences Decline - NORML
    Marc Mauer, assistant director of the Sentencing Project, credits the decline of prison sentences to changes in sentencing laws in 1994 that allow judges to ...
    www.natlnorml.org/index.cfm?Group_ID=4109 - Cached
  3. U.S. Prison Population in Decline for First Time in Decades ...
    Dec 21, 2009 ... The decline in prison population is largely the result of the harsh ... that forced inmates to serve 85 percent of their prison sentences, ...
    www.politicsdaily.com/.../u-s-prison-population-to-decline-for-first-time-in-decades/ - Cached
  4. News results for prison sentences decline

    Grand Forks Herald
    Indiana Prison Populations Rise As Nation Sees Decline‎ - 7 hours ago
    Prison officials blame the surge on lawmakers not pursuing alternatives to incarceration. Instead, they've relied on tougher sentences for crime. ...
    MyWabashValley - 450 related articles »

  5. Death Sentences Decline, Life Without Parole Sentences Rising ...
    Dec 27, 2009 ... Death Sentences Decline, Life Without Parole Sentences Rising, ... row in the four years since the law took effect, state prison data show. ...
    open.salon.com/.../death_sentences_decline_life_without_parole_sentences_rising_creating_new_kind_of_condemned_person - Cached
  6. Newsvine - Report: Death sentences decline; death rows shrink
    Dec 18, 2009 ... Report: Death sentences decline; death rows shrink ... penalty and laws that allow inmates to be sentenced to life in prison without parole. ...
    www.newsvine.com/_.../3648149-report-death-sentences-decline-death-rows-shrink - Cached
  7. Sentencing Law and Policy: Notable prediction that prison ...
    Dec 20, 2009 ... Notable prediction that prison population may decline in 2009 ... law required drug offenders to serve 85 percent of their sentences. ...
    sentencing.typepad.com/.../notable-prediction-that-prison-population-may-decline-in-2009.html - Cached
  8. Report: Death sentences decline; death rows shrink - Crime Library ...
    1 post - 1 author - Last post: Dec 18, 2009
    Report: Death sentences decline; death rows shrink Death Penalty. ... that allow inmates to be sentenced to life in prison without parole. ...
    boards.library.trutv.com › ... › Death Penalty - Cached
  9. Report: Death Sentences Decline; Death Rows Shrink - cbs11tv.com
    Report: Death Sentences Decline; Death Rows Shrink. MARK SHERMAN, Associated Press Writer WASHINGTON (AP) ― Texas and other states that lead the nation in ...
    cbs11tv.com/wireapnewstx/Report.Sharp.drop.2.1377368.html - Cached
  10. [PDF] Report: Death sentences decline; death rows shrink
    File Format: PDF/Adobe Acrobat - Quick View
    Report: Death sentences decline; death rows shrink ... death penalty, life in prison without parole becomes a very viable option they can feel safe and ...
    www.floridacapitalcases.state.fl.us/.../Death%20Sentences%20Decline,%20Death%20Rows%20Shrink.pdf
  11. California's death row grows as death sentences decline nationwide ...
    California's death row grows as death sentences decline nationwide .... San Quentin State
    Prison's death row now houses more than a fifth of the 3279 ...
    articles.latimes.com/2009/dec/19/.../la-me-deathpenalty19-2009dec19 - Cached


    Darrell Lomax is in San Quentin, a likely innocent man who has been on death row for over 15 years.  None of the evidence in his case points to him.  He is a victim of inadequate defense.  In fact, Lomax's first public defender was also representing a man who was State's witness against him.  Next, Lomax was assigned a prosecutor to act as his attorney, and none of Lomax's witnesses were called to the stand.  Read more about Darrell Lomax online, and please sign his petition to save him from execution.  California reports that it plans to soon resume executions, right when more civilized states like New Mexico have repealed capital punishment, and even Texas death penalty sentencing is declining.
Please help Darrell Lomax.
Nov 3, 2009
Cameron Todd Willingham's Execution - and Others



This blog does not open links in a new window.  Please read about all the cases before opening any links, or use your back arrow to return and complete the strong cases for innocence regarding death row inmates in several states, plus cases of aggrevious excessive sentencing.  Story posted at:  http://freespeakblog.blogspot.com/ -





Cameron Todd Willingham

PRESSURE MOUNTS on Texas' governor regarding what appears to be the wrongful execution of a young father.  Cameron Todd Willingham was convicted for setting fire to his home with his three children inside.  The children perished in the fire, and Willingham was charged with arson and murder.  At a time when Todd's heart was breaking from the tragic loss of his children, he had to defend himself (unsuccessfully) for murder.  He was on death row for over 12 years, which was certainly long enough to determine the cause of a fire.  In fact, a determination was made prior to Willingham's execution.  An arson report wherein fire investigators determined there was likely no arson was recently made public.  Many people are calling for a moratorium on capital punishment in Texas, which holds the record for executions in America.  A lawsuit has been filed against Governor Rick Perry in connection with Willingham's 2004 execution.  The governor's office reportedly received a fax of the arson report stating that there was likely no arson before Willingham's execution.

Learn more about the Willingham case and access a petition to sign in support of his post mortem exoneration.  The petition sponsored by the Texas Moratorium Network can be accessed at this site:
.
http://freespeakblog.blogspot.com/2009/09/execution-of-cameron-todd-willingham.html   -

The site also has a VIDEO about another executed Texan who was also allegedly innocent.


Governor Perry is campaigning for re-election.  He acknowledges no wrongdoing regarding Willingham's execution, despite the professional's report that there was likely no arson.  Please the newscast below.

http://www.youtube.com/watch?v=PI3JDqpIl80

Please be aware that other likely innocent people are on death row.  Consider Thomas Arthur who awaits execution in Alabama.  His DNA test results were returned in July stating that Arthur was ruled out as contributor for any of the crime scene evidence tested.  A judge sealed Arthur's test results, his lawyers were forbidden to disclose his innocence, and the Alabama D.A.'s office reported to Birmingham News in August that a death warrant would be sought for Arthur. 



Thomas Arthur

Mainstream media did not report Arthur's DNA results, although the media had closely followed his quest for post-conviction DNA testing for many years.  All was silent when the test results came back with Arthur  negative as Troy Wicker's murderer.  The only exceptions to the silence that I found on the Internet was a report about Arthur's DNA test results from another blogger and myself.  This writer had major problems publishing the news about Arthur's DNA test results.  Care2 reported a cyberattack on September 1, which was the day I tried to send the news out via ecards.  Gmail, which I use for prisoner advocacy,  suddenly had an outage.  I worked all night long fighting cyberstalkers to get the article published about Arthur's DNA test results on August 31, and it finally made front page news at Care2 News Network.  So far, Arthur still breathes.  Arthur's daughter posted his DNA test results on her father's website.  See more about that drama at this link:

Should Thomas Arthur be Executed for Telling a Fibb?
http://www.votingcentral.com/VotingCentral/displayPoll.do?pollId=1236f80e-49c4-163d-b520-0cb9ffffffd4





Troy Davis is another condemned man who has substantial evidence of innocence that arrived after his conviction for the murder of Officer MacPhail, a Savannah, Georgia police officer.  Despite the fact that seven of nine witnesses have recanted or contradicted their testimony against Davis in his murder case that had no forensic evidence, the system repeatedly refused to grant Davis a new trial.  Millions of people over the world cheered this  summer when the Supreme Court ordered that Troy Davis' case would be reviewed again by another Georgia federal judge who will decide whether Davis will finally have his "just day in a fair court" (Davis' words).  However, the High Court determined that the judge can only consider new evidence that was not available to Davis' attorney initially.  Davis' attorney for his appeals case had 70 other active cases at the time, and it is unlikely that his first state-appointed attorney had the opportunity to adequately defend him on a capital murder charge.  The High Court further ruled that Davis' innocence must be proved by the new evidence he presents to the federal judge, despite the fact that Davis has no DNA evidence to present.  Davis must do better than prove there is a reasonable doubt of his guilt like other defendants - he has to prove actual innocence.  Otherwise, Davis will be executed like Cameron Todd Willingham was. 

Just as the media is silent regarding Thomas Arthur's DNA test results indicating innocence, Troy Davis is under a gag order and not allowed to speak with the press.

Alternet recently published the stories of four other men who may be wrongly convicted, including some on death row.  The article is at this link:
.

By Liliana Segura, AlterNet
October 26, 2009

4 Prisoners Facing Executions or Serving Extreme Jail Sentences Who Very Well May Be Innocent
http://www.alternet.org/rights/143499/4_prisoners_facing_executions_or_serving_extreme_jail_sentences_who_very_well_may_be_innocent/?page=entire

Texas is gearing up to execute another prisoner tomorrow, a man named Reginald Blanton, who has a very strong innocence claim of his own. (Blaton was executed.  Read about his case at this link.)  http://www.alternet.org/rights/143417/innocent_until_proven_dead:_will_texas_execute_another_innocent_man/.)

Cruel and unusual though it might seem, for a person to be sentenced to die for a crime he or she did not commit is hardly a unique phenomenon in this country. In the past 35 years, no fewer than 138 people have been released from death row after proof of their innocence was discovered -- including eight this year alone.

***************************

 

Darrell Lomax, Innocent on Calif Death Row
Darrell Lomax, California Death Row Inmate
ANOTHER CONDEMNED MAN who has a strong case of innocence is Darrell Lomax, who is on California's death row.  California has not executed anyone in many years, but made an announcement that executions will soon resume there.  Darrell's story and evidence are presented in this article:


Supreme Court Rules Inmates Have No Constitutional Right to DNA Testing Although Study by Expert Criminologists Shows Capital Punishment Is No Crime Deterrent
http://www.nowpublic.com/culture/supreme-court-dna-ruling-study-shows-dp-no-crime-deterrent

This is a link to Darrell Lomax's website:  www.ccadp.org/darrelllomax.htm

Jeff Wood
Jeff Wood, Texas Death Row
.
There are numerous other cases of likely innocent people on death row across America.  Part of the reason is because the mentally ill and juveniles are especially likely to sign false confessions, because they are easily intimidated.  Jeffrey Wood awaits execution in Texas, a mentally ill man who was very young when a robber induced him to drive with him to the store.  Jeff was instructed to wait in the truck for Daniel Reneau, who went into the store, robbed and shot the manager.  Jeff had no knowledge that a robbery/murder was taking place.  Nevertheless, Jeff is on Texas' death row under the Law of Parties.  He was treated for mental illness after his arrest to get him trial-ready.  Jeff's attorneys reported that their client refused to allow them to vigorously defend him.  Jeff requested to defend himself, but the judge refused.  He insisted on dictating to his attorneys, however, how the case should be handled.  Since he was declared mentally sound, his attorneys were limited.  The actual shooter in the case has already been executed by the State of Texas.

 

Andre Thomas, Mentally Ill Condemned Man
Andre Thomas

Andre Thomas was ruled "crazy, but sane under Texas law," by a judge this year after the mentally ill man ate his left eye.  Thomas ate his right eye while awaiting trial several years ago after killing his wife and children and walking around with their hearts in his pocket.  Now poor Andre is blind, "crazy," and awaiting a Texas execution.  (The judge used the word "crazy," not this writer.)  Andre Thomas' petition is below:

Petition to Save Andre Thomas and Stop Executing Mental Patients
http://www.thepetitionsite.com/1/No-Executing-Mental-Patients

Jeremy Smith, Mentally Ill California Prisoner
Jeremy Smith
.
There are many more inmates who were excessively sentenced due to mandatory sentencing laws and three-strikes laws (that disallow judges using their own discretion).  Consider the case of Jeremy Smith.  He is a young man who was schizophrenic from childhood.  He allegedly hit another mental patient in his mental hospital, and was induced to sign a plea bargain for EIGHT YEARS imprisonment in California, a state that its governor reports is practically breaking under the weight of its prison costs.  While in prison, he allegedly made "terrorist threats" to a guard and was further charged for that, which may substantially lengthen his sentence.  California is paying at least $70,000 per year to punish the sick young man in a solitary confinement prison hole 23 hours per day.  Gov. Schwarzenegger's efforts to effect prison reform are reportedly hampered by members of the state legislature.

California had to send its senior citizens IOU's rather than live checks this year, but no cost is spared to imprison mental patients like Jeremy who do not deserve to be punished for having a disability.  No one can be punished or rehabilitated into a state of good mental health.  See Jeremy's petition below:

Justice 4 Jeremy Petition - Lifelong schizophrenic in CA prison hole - http://www.thepetitionsite.com/1/JusticeForJeremy

Wrongful convictions will undoubtedly continue to happen, because much can go wrong with evidence and witnesses between the time a defendant is arrested and brought to trial, sometimes years later.  However, wrongful convictions can be reduced by increasing the amount of money states spend for public defenders.  Saving innocent people from prison or execution is not only humane and just, it also saves taxpayers a good deal of money in an economy where every dollar counts.  It is more financially prudent to increase spending for indigent defense to accomplish real justice than to have to pay over $50,000 per year per innocent inmate who is sentenced to many years in prison due to inadequate representation.  Wrongful convictions are substantially more expensive than the cost for upgrading public defenders' budgets. 

The USDOJ has made several grants recently to curtail wrongful convictions and to stop prisons' revolving door for mentally dysfunctional people.  Regarding the shocking propensity courts have to ignore evidence of innocence that arrives after conviction, Attorney General Holder made it clear that real justice must take precedence over procedure.

 

Jamie and Gladys Scott, Mississippi Inmates
Scott Sisters

Excessive sentencing is also unnecessarily cruel and expensive.  Yet, in Mississippi, two sisters were given life sentences for the theft of $11, and they, too, have a strong case for innocence - the Scott Sisters.  Many people believe Gladys and Jamie Scott were wrongly convicted just as they assert, but even if they are guilty, life sentences for $11 with no one physically harmed seems to be excessive sentencing.  They have already been imprisoned for around 15 years.  Mississippi taxpayers are sentenced right along with the women, because taxpayers must foot the bill.

The petition for the Scott Sisters is at the link below:

Gladys and Jamie Scott Wrongful Conviction Case Petition
http://www.ipetitions.com/petition/Free-Jamie-Gladys/index.html

The website for the Scott Sisters is: Free the Scott Sisters
http://search2.comcast.com/?cat=dnsr&con=ds&url=www.freethescottsisters.com

There is also a blogspot for the Scott Sisters called FREE JAMIE AND GLADYS SCOTT.
Their contact person is Nancy Lockhart at thewrongfulconviction@gmail.com


DEATH TO THE DEATH PENALTY!

Objections to the death penalty include:


~ It targets the poor

~ It is racist

~ It kills the innocent

~ It is barbaric

~ It does not deter crime

~ It is expensive
(Taxpayers pay $90,000 per year per condemned inmate over and above incarceration costs for inmates in maximum security prisons, according to the Death Penalty Information Center)

Thou shalt not kill.  ~ Exodus 20:13; Deuteronomy 5:17 

Thou shalt not bear false witness against thy neighbour.

~Exodus 20:16

Mary Neal
http://wrongfuldeathoflarryneal.com


Assistance to the Incarcerated Mentally Ill
http://www.Care2.com/c2c/group/AIMI
Jun 19, 2009

Censorship team, I do not plan to post anything on the web for a couple of days.  I have a few other things to do.  Unless your boss keeps you busy sabotaging other people's input,  you can take a break for yourselves.  I don't know how y'all work.  Are you in a computer room like air traffic controllers with each of you cyberstalkers given specific people to monitor and censor on the Internet, or are you assigned to a specific network?   

If I am your primary target, I recognize that you know how to hide this message so your boss won't know you have free time.  You are good at hiding my Internet posts, except that I often catch you and film it.  I advise that you not hide this, because I might just do that.  Instead, why not hide this link only on your employer's computer.  Or prevent the link from operating like you do sometimes to me.  If you prefer, just leave the link visible, but re-direct your boss's connection away from this link if he/she tries to connect.  I am beginning to know the censorship methods you use, if not the methodology.  I wonder if it ever crossed your employers' mind that you are likely monitoring his input, also.

In any case, I am taking a break partly because my writing is not doing as much good as I hoped to increase compassion for inmates and improve the higher-ups' sense of justice.  Maybe if you cyberstalkers left my input alone, it could help more.  

I am disappointed that the U.S. Supreme Court ruled against post-conviction DNA testing this week.  That was sad for many hopeful prisoners.  The Innocence Project reports that hundreds of incarcerated applicants requested the program's assistance getting evidence tested using DNA testing methods that were not available when the inmates were convicted.  My assumption is that guilty people would not rush to get a foolproof test to cement their guilt, so most applicants for DNA tests may be innocent.  Too bad for them.

There are a couple of more interesting facts to pass along, and I put them in the article at the link below.  (CARE2 FRIENDS, IS THE LINK STILL THERE?)

Troy Davis and Darrell Lomax - Prove Their Guilt Before Execution! 
and
A New Study Shows the Death Penalty Is No Crime Deterrent
http://my.nowpublic.com/culture/davis-and-lomax-prove-it-study-shows-dp-no-crime-deterrent

Have a nice weekend!

Not you, cyberstalkers.  Everyone else.

Blessings!

Mary

Visibility: Everyone
Tags: , , , , , , , , ,
Posted: Jun 19, 2009 6:27am
Jun 18, 2009
The Case

My name is Darrell Lomax and I have been wrongly incarcerated on death row at San Quentin State prison for over 14 years. I was convicted even though:

  1. I passed a gunshot residue test
  2. even though I have an alibi
  3. even though the eye witness said it wasn't me
  4. even though the fingerprints on the gun weren't mine
  5. and it was found in someone else's car
  6. even though the footprint wasn't mine
  7. My witnesses were never called
  8. and I couldn't afford a lawyer so I had to share a public defender with the man who made a deal to testify against me.
  9. When the situation with the public defender was discovered he was replaced by a former DA who made no effort to find the witnesses for my defense.

Download fact sheet (pdf-file) here...

Detailed case summary My name is Darrell Lomax. I am currently condemned to Death Row at San Quentin, California State Prison. I was judged guilty in September 1996 in the Long Beach Superior Court for the alleged crime of robbery and murder. I did not commit these crimes, nor did I have knowledge of them. I have been wrongfully convicted and condemned to death. I believe the evidence in my case will support my innocence.

On August 29, 1994 I was detained, harrassed, and arrested during an "alleged" routine traffic infraction. stop in which I was a backseat passenger. During the illegal detention I was ordered to participate in a field identification line up and also given a gunshot residue test. Both field identification lineup and gunshot residue tests were negative; providing proof of my innocence. None the less I continued to be illegally detained. After an exploratory search took place of the interior of the vehicle and weapons were found, I was escorted to the Long Beach, California County Jail and booked on CCW (Carry Concealed Weapons) despite being a backseat passenger. My rights were never read to me.

On September 1, 1994, I went to be arraigned on the charge of murder and robbery, no CCW was ever mentioned. The arraignment was postponed for two weeks because I didn't have an attorney.

On March 13, 1995 by order of the Second Appellate Court my case was dismissed for violations of ferrata issue, due process issue, and statutory violation, but was refiled the same day.  I wasn't present for the dismissal although available in the court tank.

I was inadequetly represented by the Public Defenders Office. I repeatedly addressed the Court regarding the attorneys poor performance, misrepresentation, unwillingness to investigate, and file motions, among other things. Additionally he represented an alleged witness for the prosecution while the office represented me, causing a conflict of interest.

Although initially denied, records later proved that the same alleged witness recieved the benefit of a deal between the prosecutor in my case (and or others acting on his behalf) and Compton judge to have a PC 1385 Case against him dismissed. Additionally, he recieved a dismissal of 1,600.00 worth of traffic tickets, and suspended licence reinstated. The fact that he carried a concealed weapon on the night he was questioned was ignored. This "witness" was manufactured to further the case. Not only was this witness caught in numerous lies, he admitted on cross examination to being a liar. It is my strong belief that serious misconduct took place between the prosecutors, his detectives, and the Public Defenders Office. The appointed public defender did nothing to ensure my rights were protected at any point of his representation.

My alleged co-defendant admitted to and tested positive as being under the influence of PCP. An investigation revealed there was an eyewitness inside the business where the crime took place who says he saw the perpetrators. The same eyewitness cleared me at a filed investigation line up of being involved with the crime. According to reports, he in fact identified the shooter. My attorney failed to secure this witness for my trial, claiming he was unable to locate him. A later investigation by an outside attorney about the possibility of a conflict of interest between myself and the Public Defenders Office revealed this eyewitness was in fact locatable. He appeared in person for a pre-sentencing investigation report on my alleged co defendant who took a deal for ten years to implicate me in this crime.

My public defender made no effort to preserve the eyewitness that motioned to exonerate me, contact other witnesses who could have verified my whereabouts, nor bring forth the information regarding the numerous favours offered to the "manufactured" witness. These errors caused irreperable damage to my defense.

Upon conclusion of the investigation the Public Defenders Office was dismissed; the conflict was regarded as egrious. The public defenders replacement, a private counsel hired by the Court, went to trial unprepared. He failed to call what had become my most important witness who could have verified my wherabouts the night of the incident, and informed him of the whereabouts of another witness. He claimed he could not find / locate her when in fact she was on probation and routinely reporting to her probation officer.

During the trial no physical evidence pointed toward me. The alleged murder weapon had prints; but not mine. There was a footprint on a bag inside the crime scene which was not mine. I was ordered to participate in a field identification line-up and a gun residue test; both resulting in the negative. There was an eyewitness that not only exonerated me, but identified the shooter.

My case if full of inconsistencies, and a prime example of a prosecutors over zealousness to present a conviction for a horrific crime. I have been condemned for death for something I did not do. I am indigent and I need help. If you can provide any kind of assistance to me; know of anyone who may, or have any referrals please contact me at the address above. Thank you for your time.

******************************

DEATH TO THE DEATH PENALTY!

~ It targets the poor
~ It is racist
~ It kills the innocent
~ It does not deter crime
~ It is barbaric
~ It is expensive (additional $90,000 per year per condemned inmate)



 

 
 
Content and comments expressed here are the opinions of Care2 users and not necessarily that of Care2.com or its affiliates.

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Mary Neal
, 5, 2 children
Atlanta, GA, USA
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