About ND ASK

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.

For more information or to join ND ASK, please fill out the form above or e-mail us at NotreDameASK@gmail.com. Thank you for visiting.
Showing posts with label ABA report. Show all posts
Showing posts with label ABA report. Show all posts

Thursday, April 26, 2007

Meet our Forum Keynote Speaker: Paula Sites


We're fortunate enough to have the Indiana Public Defender Council's Assistant Executive Director, Paula Sites, as our keynote speaker for our upcoming forum, Achieving the Inevitable: Ending the Death Penalty in Indiana. If you have not already done so, please register!


Paula Sites was born three days before Rosa Parks refused to give up her seat on a Birmingham, Alabama bus, and while she claims no direct memory of either event, both fill her with a measure of gratitude and wonder. She serves as Assistant Executive Director of the Indiana Public Defender Council, a statewide support center for public defenders.

Since 1990, she has provided training, consultation, and research assistance to attorneys representing capitally charged or sentenced clients throughout the state, and monitors the status of all capital cases filed in the state. In her capacity as Assistant Executive Director, she also works with a variety of organizations and government agencies to promote the fair administration of justice in Indiana, focusing on capital punishment as well as issues involving criminal defendants with mental illness, mental retardation, and developmental disabilities.

She recently served on the Indiana Assessment Team of the ABA Death Penalty Moratorium Implementation Project. She is a past winner of the Indiana State Bar Association Women in the Law Achievement Award and the Amnesty International USA Indiana Abolitionist of the Year.

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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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Thursday, April 12, 2007

Pending Execution as Ethical Watershed

The pending execution of Indiana death row inmate David Woods on May 4th is a milestone in the history of Indiana’s death penalty. Our nagging doubts and fears about the death penalty system being Indiana’s “other lottery” have now been confirmed and thoroughly documented in a recent report by the American Bar Association. Out of this report rises an opportunity to show that Indiana will not stand by while a man is executed as a result of so flawed and suspect a system. Instead, we must show that Indiana stands for fairness and true justice by demanding a hold on executions until the ABA report’s recommendations can be further examined and the death penalty system as a whole can be judged.

A moratorium is not only advisable, but is also overwhelmingly supported by 61% of Hoosiers as demonstrated in an ABA commissioned poll. Once the ticking clock of impending executions is silenced, objective examination of this system will expose the inhumanity, inefficiency, and injustice of capital punishment. I urge all who are concerned about ensuring the legitimacy of our justice system to petition their legislators and Governor Daniels for a stay of Mr. Woods’ execution and a moratorium on capital punishment.

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Sunday, March 18, 2007

ABA Indiana Report Breakdown

American Bar Association - Defending Liberty, Pursuing Justice

The report sitting in front of me is a veritable gold mine of information regarding the death penalty in Indiana; a wealth of knowledge which points to the inevitable conclusion that a moratorium on executions is the way to go. However, the Indiana Death Penalty Assessment Report, issued recently by the American Bar Association, is also 318 pages long (not including the executive summary and appendices). The summary alone is about 30 pages, more reading than most of you are likely willing to venture into unless you're seriously studying the death penalty in Indiana.

So, as a service to you, the readers of this blog, I will do my best to read and deliver the essential statistics and analysis of the ABA report's 13 chapters. Likely I'll be going at the pace of one-two per week so it should be easy to keep up. There's lots of information here that will likely serve as the foundation of a renewed push for a moratorium here in Indiana and most of the stats speak for themselves.

Check back soon for my breakdown and excerpts of Chapter 1 which addresses the history and current death penalty system here in Indiana.

The full report can be found here on the ABA's website.

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Wednesday, February 21, 2007

Observer Article on ND ASK & Kernan Article


For those of you who have yet to pick up today's Observer, here's a link to an article discussing our response to the recent ABA report.

Additionally, an article in today's Indy Star discussed former Indiana Governor Kernan's take on a moratorium; an issue particularly relevant to him as he granted 2 clemencies under his governorship yet did not establish a moratorium. As spokesperson for the ABA Assessment Team, he now supports such a moratorium entirely.

Additionally, here's an article with some interesting comments by a reverend who served on a capital case jury and convicted Eric Wrinkles to death.

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ND ASK Statement on ABA Report


The following statement was released to the press concerning our response to the recent ABA report. We hope you find it useful and understand our emphasis on picking up where the report left off.



Today marked the release of the American Bar Association’s report on the state of Indiana’s death penalty trial and sentencing process and an accompanying recommendation for a moratorium on executions in Indiana. The report serves as an excellent resource to further the discussion of issues surrounding the death penalty here in Indiana and throughout the country. Its contents present us with evidence of a system that is broken and its recommendations suggest how it might be fixed. The thorough and objective nature of the research and creation of the report coupled with the professionalism and dedication of those who served on the panel have resulted in this articulate and expansive base of reference for future action regarding capital punishment in Indiana.

We at Notre Dame Against State Killing (ND ASK) applaud the diligence of the assessment team and the contents of their report and herald their call for a moratorium on executions as both courageous and well-founded; the call confirming the fears and doubts that many of us have held regarding the inequity and unfairness of a judicial system that we hold to the highest of standards. We firmly believe that those who truly examine the logistics and goals of the death penalty system will arrive at the inevitable conclusion that due to the fallible nature of human beings, we cannot possibly support a system whose penalty is irreversible. Within the process of investigation and prosecution, there are mistakes being made when lives hang in the balance. It is inconceivable to continue with such a system given the blatant exposition of these flaws in the ABA report.

While the scope of the report does not presume to question the validity of the death penalty itself, but rather intends to ensure the fair and just execution of the laws, we at ND ASK take the call for a moratorium on legal grounds and add to it questions of the death penalty’s morality, efficacy, and legitimate role in a modern civil society. We thank the American Bar Association and the Indiana assessment team for their crucial work and hope that its expositions of incontrovertible fact are heeded well by Governor Daniels and those in the State Legislature. As the ABA’s poll results of Indiana reveal, 61% of Indiana’s citizens support a moratorium. It is time to halt all executions and begin to honestly and thoroughly examine the death penalty and reach the inevitable conclusion that it is simply an archaic, inefficient, and inhumane means of justice which must be stricken from our society.

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Tuesday, February 20, 2007

Indiana ABA Death Penalty Assessment Report released

The report is now available to the public on their website and will be discussed at a 2:30 press conference in Indianapolis.

We'll post our own excerpts and commentary as soon as we've have time to look it over. Until then, there's an excellent article in the Indy Star that breaks the report down a bit and discusses its intentions. It looks like the report hits on many of the main points that need to be addressed; many of which may not be easily fixed. It's also food for thought that the Governor has yet to respond to the report.

As previously posted, the baton is now in the hands of those of us around the state who want to see the death penalty gone.

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State of the states

The downward trend of convictions and executions, coupled with recent investigations into the use of the death penalty on a state by state basis and ensuing moratoriums, makes it clear that the death penalty is on the way out. Tennessee's governor recently halted executions for a 30-day period (which has turned up such blatant and absurd examples of negligence such as portions of electrocution procedures incorrectly copied and pasted into the new lethal injection manual) following Florida's botched execution in December during which it took the inmate 30 minutes to die. The House of Representatives in both New Mexico and Colorado have furthered bills to abolish capital punishment outright and a similar repeal bill has made it out of committee in Nebraska.

I'll say it again, the death penalty is on the way out.

With such developments across the country, we can only hope that tomorrow's announcement of the ABA's recommendation to establish a moratorium here in Indiana takes hold. The national political and social climate is just right for this report to resonate all the way to the Governor and the legislature, resulting in the implementation of the recommended moratorium.

Ultimately, however, the report will not speak for itself. While it will contain painstakingly researched and interpreted data, it is up to us to take those facts and the report's recommendations straight to the top. We urge everyone to take the initiative to further this cause in whatever way they can. Whether it be a simple conversation with a friend about death penalty issues or a letter to the editor, any means of expanding knowledge about the death penalty's inherent flaws should be utilized until it is no longer an obtrusive stain on the fabric of our society.

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Saturday, February 17, 2007

American Bar Association to call for moratorium in Indiana

This coming Tuesday (2/20), the American Bar Association's Death Penalty Moratorium Implementation Project will release an extensive report which calls for a moratorium on the death penalty here in Indiana. For those of you not familiar with the concept of a moratorium, it essentially halts all executions indefinitely while keeping capital punishment as legal and a potential future measure. To date, 9 of the 38 states with death penalty statutes have imposed a moratorium on the use of the death penalty.

The report's findings will be announced at a press conference this Tuesday at 2:30.

Several friends of ND ASK, former Indiana Governor Joe Kernan, Senator John Broden, and Paula Sites, were a part of the panel that has worked so diligently to discover and interpret the facts around the issue of the death penalty and we thank all of the panel members for their hard and invaluable work.

We applaud their recommendation for a moratorium and eagerly anticipate reading their analysis that lead to this conclusion. We'll post a link to the report as soon as it's available as well as excerpts and comments.

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