Skip to main content

URGENT ACTION APPEAL: Gaile Owens, 57, is due to be executed in Tennessee on 28 September 2010

Gaile Owens (left), a 57-year-old woman, is due to be executed in the US state of Tennessee on 28 September. She was convicted of soliciting the murder of her husband. She has been on death row for more than 24 years and would be the first woman put to death in Tennessee since 1820.

Ronald Owens was killed in the family home on 17 February 1985. Gaile Owens was tried jointly in early 1986 with Sidney Porterfield. The state's case was that Gaile Owens had approached a number of men, offering them money to kill her husband, and that one of them, Sidney Porterfield, had carried out the killing. He was convicted of first-degree murder, and she of being an accessory to first-degree murder. Both were sentenced to death. Sidney Porterfield remains on death row, with ongoing litigation on his case centered on the claim that he has an intellectual disability ("mental retardation") that would render his execution unconstitutional.

Before the trial, the prosecutor had offered both defendants a life prison sentence in return for a guilty plea. Gaile Owens accepted the offer. However, Sidney Porterfield did not, and the prosecution withdrew the offer, having made it contingent upon its acceptance by both defendants. Gaile Owens' lawyers have argued that her death sentence was the product of Sidney Porterfield's decision to plead not guilty and was therefore constitutionally arbitrary, and also that the trial judge was wrong not to have allowed the defense to tell the jury, as mitigating evidence, of her acceptance of the prosecution's pre-trial offer. In 2008, the case caused a sharply worded divide on the federal Court of Appeals. The dissenting judge accused his two colleagues in the majority of "slant[ing] and misconceiv[ing] relevant facts and law…in order to uphold the death penalty". This is "not a close case", he wrote.

At the sentencing phase of the trial, Gaile Owens's lawyers had presented only three witnesses. Two were employees of the jail who testified that Gaile Owens was a good inmate who caused no problems. The third was a psychiatrist who had examined Gaile Owens once, eight years earlier. Since the trial, evidence has emerged of Gaile Owens’s abuse by her husband and of her abusive childhood. Among others, the non-governmental National Clearinghouse for the Defense of Battered Women and the Tennessee Coalition Against Domestic and Sexual Violence have called for her death sentence to be commuted. They state that "Gaile Owens was a victim of serious abuse at the hands of her husband, including brutal sexual assaults… As organizations that work with victims of abuse, we are particularly appalled by the inadequate investigation and presentation of Ms Owens’ psychosocial history by her trial attorney, and throughout the case. Ms Owens was not examined by professionals with the expertise the case required, nor was relevant information presented (at all or as fully as needed) about the abuse she experienced over lifetime".

BACKGROUND INFORMATION
Soon after Gaile Owens was arrested in February 1985, a lawyer was appointed to represent her. In an affidavit signed in 2009, this lawyer recalled that the day after the arrest, Gaile Owens was "extraordinarily remorseful for hiring someone to kill her husband. But her most immediate and profound concern was the well-being of her children. Ms Owens was clear – she wanted to plead guilty and avoid a trial because she didn’t want to put her children and the rest of her family through any more pain…Ms Owens was also immediately forthcoming with me regarding her motivations for hiring someone to kill her husband – her husband was abusive and cheated on her regularly. Based on the information she provided, I immediately recognized that the defense in this case should be that Ms Owens suffered from battered women's syndrome. Based on that, I believe this case should never have been a death penalty case". This lawyer soon had to withdraw from the case, however, and for her trial Gaile Owens was represented by two other attorneys.

In 2008, the US Court of Appeals for the Sixth Circuit upheld the death sentence by two votes to one. The majority rejected the argument that Gaile Owens should have been allowed to present the jury at the sentencing phase with the fact of her pre-trial willingness to plead guilty as evidence of her "acceptance of responsibility". The two judges in the majority wrote: "She did not offer to plead guilty unconditionally, which she could have done. Instead, she agreed to plead guilty only if guaranteed a life sentence in return… Thus, she was less interested in accepting responsibility and more interested in avoiding the electric chair, a motivation that is much less persuasive as a mitigating factor". This harsh interpretation conflicts with the first lawyer’s recollection of Gaile Owens’s state of mind when he met with her soon after the murder. The Sixth Circuit majority also rejected the claim that the pre-trial offer of a life sentence indicated that the prosecutor did not think that the crime warranted a death sentence: "This is speculation on her part because the record does not explain whether the prosecution made the offer because it saw her as unworthy of death or for some other reason such as the efficient use of prosecutorial resources".

Prosecutorial discretion contributes to arbitrariness in application of the death penalty in the USA. In this case, the prosecutor, after consulting the District Attorney General and the family of the victim, took the view that a life sentence was an acceptable outcome. For reasons entirely within his discretion, however, he subsequently sought and obtained a death sentence. Judge Gilbert Merritt, the dissenting Sixth Circuit judge, pointed out that at the 1986 trial, the prosecutor had "argued to the jury that Owens 'deserved' the death penalty because she did not acknowledge and repent her murderous criminal behavior". Judge Merritt continued: "Owens wanted to show this was untrue because she had, in fact, offered to plead guilty and because the prosecutor's office of life imprisonment was itself an admission that Owens did not 'deserve' the death penalty… What we have here is death penalty gamesmanship on the part of the prosecution, and the jury was entitled to know what was going on…Had Owens’ proof of her offer to plead guilty and the prosecution’s offer of life been admitted, the jury might well have concluded that the prosecution's claim that she was remorseless and deserved death was false and that Owens' life should be spared."

Amnesty International opposes the death penalty unconditionally. The USA has executed 1,207 men and 11 women since judicial killing resumed in 1977. Tennessee carried out its first execution in 40 years in 2000 and has carried out another five since then. There have been 30 executions in the USA this year.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
-Explaining that you are not seeking to excuse the killing of Ronald Owens;
-Expressing concern that the jurors who sentenced Gaile Owens to death heard none of the evidence that has emerged since the trial of the alleged abuse she suffered at the hands of her husband;
-Noting that the prosecutor originally offered a life sentence to Gaile Owens, and she accepted it;
-Noting that Gaile Owens has spent over 24 years on death row, in itself effectively a life sentence;
-Calling for commutation of Gaile Owens's death sentence.

APPEALS TO:

The Honorable Phil Bredesen,
Governor's Office, Tennessee State Capitol,
Nashville, TN 37243-0001, USA
Fax: 615.532.9711
E-mail: Phil.Bredesen@tn.gov OR Steve.Elkins@tn.gov (Counsel to the Governor)
Salutation: Dear Governor

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 28 September 2010.

Source: Amnesty International, July 13, 2010

Comments

Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Kuwait | New Anti-Drug Law Introduces Death Penalty, Surprise Testing, and Strict Enforcement

KUWAIT CITY, Nov 26: Divorce rates in Kuwait are rising, with recent statistics indicating that addiction—particularly among wives—has become a significant contributing factor. In response, authorities are preparing to introduce surprise premarital drug testing as part of a broader set of reforms under Kuwait’s new drug law. The countdown has officially begun for the enforcement of this new legislation, which was drafted by a judicial committee formed by the First Deputy Prime Minister and Minister of Interior, Sheikh Fahd Al-Yousef. The committee is headed by Counselor Mohammed Rashid Al-Duaij.