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Notre Dame Against State Killing (ND ASK) is a campaign for a moratorium on executions in Indiana. We work to inspire discussion and action on the death penalty on the Notre Dame campus and across Indiana.

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Showing posts with label clemecy hearing. Show all posts
Showing posts with label clemecy hearing. Show all posts

Thursday, May 3, 2007

Governor Daniels Denies David Woods Clemency

Despite the heroic efforts of David Woods' attorneys and the calls for clemency by all those who signed our petition and contacted the Governor, David Woods' request for clemency has officially been denied by the Governor. According to the Indy Star article, Governor Daniels based his decision primarily on the unanimous recommendation against clemency made by the parole board. Their letters to the Governor can be found here.

This means that, barring a U.S. Supreme Court intervention, David Woods will be executed shortly after midnight tonight.

While it may be too late for David, a call to the Governor voicing your opposition to his decision may help down the road. The Governor can be reached at 317-232-4567.

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Letter from Inmates to Indiana Parole Board


This post is long overdue but is certainly still relevant as tonight, David Woods will be executed. The following is a letter written and signed by twenty death row inmates at Michigan City. Bear in mind that they are talking about a man who was 19 at the time of the crime and clearly poses no threat to society from within prison and hasn't given any evidence in his 23 years on death row that he is a danger to the guards or other inmates.

This is who Indiana is executing tonight.

Dear Parole Board Members:

This letter is in support of clemency for our friend and brother David (Dave) L. Woods, who has been a part of the Indiana State Prison Death Row Unit for twenty-two years now. Dave's presence on the Death Row Unit has had a stabilizing effect on us all because of his peaceful and accommodating nature. Dave has never refused to assist any of us in a time of distress or need, and has gone out of his way to be a friend to all. Dave has been a Range Porter several times over the years, a job that requires patience, kindness, and an attitude of caring for others. This is a position of trust amongst staff and prisoners alike. Dave is a man whose conduct conforms to a high standard of propriety and correct behavior. Dave has never, in his 22 years on the Death Row Unit, demonstrated any violent side to his decent character. We, the men that have been touched by Dave's friendship on a daily basis during these past 22 years, beseech and implore you to set a precedent in logic and mercy based on the objectives of the Indiana Department of Corrections, and spare Dave this sentence of death by execution, which diminishes us all.

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Tuesday, April 24, 2007

Parole Board Letter Excerpts and Links


For those interested in the rationale of each parole board member in recommending against clemency for David Woods, here are excerpts from each of their letters. Additionally, a link to each letter is included so they can be read in their entirety.


William R. Harris:

In Woods' request for clemency, his current attorneys describe his case as "has been the subject of a tortured past".[sic] He has been described as a neglected and abused child, whose case was improperly litigated on every step of the court system. However, Wood's [sic] childhood was not that bad and he was only in 3 foster homes and one county group home. The Parole Board recently saw an offender that had been in 28 foster homes and institutions before reaching adulthood, and he was not a murderer. I have to use offender to offender comparison for these decisions, not text books, and not apples to oranges.

...Practice making 20 stab motions, it takes so long and you can stop after 5, 10, or even 15. I believe Woods didn't stop because Mr. Placencia could identify him... Woods decided he had to die.
Click here to read Mr. Harris' letter in its entirety.

Valerie J. Parker:
By his own testimony... Mr. Woods admitted that he was the orchestrator of the events that day...He admitted that he was without a doubt the individual who in a raged [sic] filled moment, rage directed at his mother, violently stabbed this helpless 77 year old man to death.

Let's face it, at the time of this crime David L. Woods was considered in every sense of the word to be an adult. He now has to suffer the adult pain caused by his adult choices. Mr. Woods had every opportunity to help Mr. Placencia after stabbing him the first time. But as this helpless elderly gentleman pleaded for his life, Mr. Woods chose to continue to hurt and not help, until he had taken all of the life from this victim. Throughout the clemency process, this board has been sufficiently advised of Mr. Wood's [sic] tumultuous, tortured past, but I say to you today that his situation is not unique enough in my heart and mind to ordain or accept murder as a response to his pain or a means of coping with it.
Click here to read Ms. Parker's letter in its entirety.

Thor R. Miller:
The reality is that Woods is noto mentally incompetent. His legal counsel was forced to deal with a difficult, uncooperative client who even went so far as to file his own motions and failed to follow their legal advice and properly participate in his legal defense.

...Testimony and evidence provided concerning Mr. Wood's [sic] horrible childhood and appalling living conditions is merely an attempt to place blame where blame should not lie. Since when should having a horrible childhood give one the license to kill? Thousands of people experience horrors in their daily lives, yet most will continue to obey the law. No exceptions should be made for Woods.
Click here to read Mr. Miller's letter in its entirety.

Randall P. Gentry
Mr. Woods' own testimony sufficiently revealed the crime details to a point that it is not hard to understand the cruelty of his actions. Stabbing a person twenty plus times takes effort, a great deal of rage, and huge lack of respect for life. This was no bar room fight. This was a seventy-seven year old man in his home in the middle of the night murdered by three adults.

...This was not an accident, but a planned crime that may have deviated as intended. The result was murder. While we may all search to ease our minds as to why this crime occured, it is important to understand this crime did happen and Mr. Woods admits he committed the act of murder against Juan Placencia.

...In hindsight, [his background] may provide a precursor to the future, but I render a guess many children have had a similar horrible upbringing and yet failed to commit a murder.

...In my opinion, Mr. Woods is not a monster as society might define one, but Juan Placencia did not deserve to die this horrific death. With the lack of some fact or mitigation that is not currently in the record, I struggle to recommend that we should alter course from the original sentence.

...I continued to review and reread documents right up to the preparation of this recommendation to you. I was unclear on what I was looking for, justification to move forward with this sentence or a reason to recommend Clemency. The crime in question can be described in one sentence, but the reason behind the crime could take pages. I found it easy to be deflected from the decisions that has to be made. Attempts to present mitigating arguments for Mr. Woods, such as an awful childhood, a long standing issue with his mother, mild mental retardation, or even improper legal representation at trial fail to excuse what has been done.
Click here to read Mr. Gentry's letter in its entirety.

Christopher E. Meloy, Chairman:
[Woods'] level of understanding, his introspection, and his assessment of others in his life leads me to believe that Mr. Woods' mental capacity is more than sufficient not only to understand the correlation between his actions and logical consequences but he also appears to be a person who holds a personal peace after significant, in-depth, and introspective review of his life's situations.

...the truth was accurately discovered in this case.

...When satisfied with his thefts, Mr. Woods returned to Mr. Placencia but not to help despite the elderly man's pleas but to stab him 20 additional times leaving him for dead.

Click here to read Mr. Meloy's letter in its entirety.

Please e-mail notredameask@gmail.com if you have any issues opening these links.

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Monday, April 23, 2007

Live from Indianapolis: David Woods' Clemency Hearing


David's mother approached the front of the auditorium and spoke in a hushed, reserved tone. She put forth just enough effort to make her terse answers barely audible. When the defense attorney asked her the names and ages of her children, she paused and finally stated that she didn't know their ages. When asked to simply recount their names, she hesitantly proceeded to name her six children, with grinding hesitation between each name. When asked which of the siblings were David's full brothers and sisters, she said that three were, but only gave two names.

Mary Pilkington stated that, while she testified against David at his trial, she did so without her knowledge. According to Pilkington, the prosecutor "put his arms around her" and told her "I'll get your son off and I'll help you and take you out to dinner." After a pause, Mrs. Pilkington added, "I didn't know I was on the wrong side."

The most shocking stories of the day came from one of David's sisters, Mary Anne. The themes of her stories focused on neglect, abuse, and outright disturbing scenarios. She began by recalling a time when she stepped on a rusty nail in the yard. When she limped inside, her mother's response to her whimpers was "you take care of it yourself." She told about the time her brother held the door shut when she had to go to the bathroom so she was forced to go in a bucket. When her mother found out, she took the feces out of the bucket and "shoved it in [her] mouth." One time when she was sitting on a porch railing, her mother backhanded her, sending her sprawling onto the pavement below. Her mother's response to her cries of pain: running in the house to get a camera in order to snap photos of her crying daughter.

The most gruesome and twisted recollection, however, was the time that Mary Anne's mother fed Mary Anne her pet rabbit, unbeknownst to her at the time and revealed the truth to Mary Anne only after she'd eaten the rabbit by showing her the severed head of the rabbit that she had placed in the back yard. Additionally, Mary Anne testified that when she was 10 years old, she was molested by her step father. When she told her mother about it, her mother told her "don't tell no one." When the police found out about the molestation, Mary Anne's mom simply replied that "she asked for it" and attempted to bribe Mary Anne with $50 if she changed her story.

The main theme running throughout the clemency testimony was summed up in her next sentence: "I just wanted her to love me."

Sherry Hudson, a capital habeas petition investigator, took a snipe at Alabama's prolific death penalty sentencing by stating that “even in Alabama this wouldn’t have been a death penalty case.” Her role in the David Woods saga was to investigate mitigating circumstances for presentation in Woods’ appeal as no investigation had been done in the initial case. Additionally, Woods’ file from the original case had been lost or destroyed.

Wanda Callahan, a pastor from the Church of the Brethren spoke passionately about David’s reformation since his time in prison. As a volunteer pastor for the prison for 36 years, Wanda has seen her share of “rough types” but states that by no means is David one of these personalities. She had nothing but good things to say about him, stating that “he has so much goodness” and that “he acts like the peacemaker on death row.” She warned the panel that if he were to be executed that “you’re going to do a great big harm to death row. He’s what holds that place together most of the time.” Additionally she stated that “I wish my churches were full of people like David,” backing her claim “I don’t know anyone who’s as good a Christian as David is.”

Ms. Callahan posed the observation that “he never felt safe until he was on death row. Isn’t that a horrible thing?” She left the panel with this parting thought: “If you kill David, it’s going to be a cruel case of injustice. If you do, I’m certainly going to pray for you.”

After presenting several other people close to David and his case who testified along the same lines of abuse and dysfunction as a child leading to his crime, the State presented their side of the argument, backed by six members of the victim’s family.

The deputy prosecutor presented the perception that Woods “learned over time” buzz words and terms alluding to mitigation. He emphasized that Woods was the leader of the robbery and that at least 29 judges in 6 different courts have written 8 different opinions all affirming the sentence of death for Woods. He stated that “the defense is asking you to believe that all those judges and juries were unreasonable.” Additionally, he rebuffed Woods’ good behavior on the row, stating that it would be ludicrous that “he should be rewarded for not having committed more crimes.”

Additionally, the deputy prosecutor called the ABA report, released in February, a product of the “moratorium project” and claimed that it contained “many assertions” that “are false or inaccurate.” Ultimately, he concluded stating that “no reasonable person would have voted differently.”

Juan Placencia’s granddaughter spoke about her grandfather saying that he “brought those children up to love God, family and country.” She listed his 13 children and 72 grandchildren all by name, a process that took several minutes. She stated that “our community is a community of love and tradition” but cautioned that “life is not always the way we wish it would be,” refusing to accept Woods’ upbringing as an excuse for the killing. She read several letters from family members not in attendance which cited Juan’s pleas for mercy as he was stabbed, the need for enforcement of laws as a fundamental element of society, and ultimately struck the tone that “Juan’s pleas only took seconds, not years.”

Juan’s daughter, Catherine Placencia, stated that Woods “took the best man in the world: our father.” Additionally she refused to accept Woods’ childhood as a mitigating circumstance: “…he blames everything… he’s gotta look in the mirror and blame himself, because he’s the one who did this to my father.”

Another of Juan’s daughters, Mary Anne Petrie, gave a tearful statement, showing a picture of the family with Juan stating that “we’ve got pictures to look at, that’s it.” Also she qualified her desire for an execution by saying that “this is justice, it isn’t revenge.” She accused Woods of spewing falsehoods about his faith and his rationale for the murder: “No Christian would lie like he’s doing.”

Two more of Placencia’s descendants gave statements which focused on Woods making conscious choices which led to the murder and also made the conscious choice to stab Juan Placencia 21 times. One of Juan’s grandsons, Glen McDonald begged that the board “allow justice to be served so that another healing process may begin.”

After rebuttals from both sides which essentially summarized the main points of the pleas by both sides, the panel was adjourned for deliberation. Upon their return at 2:30 pm, each panel member read their letters of recommendation to Governor Daniels. Each member of the panel recommended that Governor Daniels deny clemency. These full statements will be posted on the website later, but they all focused around the severity of the crime and its inexcusability, despite Woods’ upbringing.

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Sunday, April 22, 2007

Reporting from the David Woods Clemency Hearing

I will be attending David Woods' clemency hearing in Indianapolis which begins at 9am today (4/23) and will do my best to update this post as soon as possible after the testimony phase of the hearing and then again after the board reads their recommendation. Check this post regularly throughout the day for updates and quotes from the hearing.

I will provide an objective report in this space as well as a separate follow-up post with my analysis of the proceedings for those interested in my take on how it went.

Stay tuned!

-Will McAuliffe
Co-director of ND ASK

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