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)

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Inside Florida's Death Row: A dark cloud over the Sunshine State

Florida's death penalty system has faced numerous criticisms and controversies over the years - from execution methods to the treatment of Death Row inmates The Sunshine State remains steadfast in its enforcement of capital punishment, upholding a complex system that has developed since its reinstatement in 1976. Florida's contemporary death penalty era kicked off in 1972 following the U.S. Supreme Court's decision in Furman v. Georgia , which temporarily put a stop to executions across the country. Swiftly amending its laws, Florida saw the Supreme Court affirm the constitutionality of the death penalty in 1976's Gregg v. Georgia case.

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

USA | Federal death penalty possible for Mexican cartel boss behind 1985 DEA agent killing

Rafael Caro Quintero, extradited from Mexico in 2022, appeared in Brooklyn court as feds weigh capital charges for the torture and murder of Agent Enrique Camarena NEW YORK — The death penalty is on the table for notorious drug lord Rafael Caro Quintero, the so-called “narco of narcos” who orchestrated the torture and murder of a DEA agent in 1985, according to federal prosecutors. “It is a possibility. The decision has not yet been made, but it is going through the process,” Assistant U.S. Attorney Saritha Komatireddy said in Brooklyn Federal Court Wednesday.

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

A second South Carolina death row inmate chooses execution by firing squad

Columbia, S.C. — A South Carolina death row inmate on Friday chose execution by firing squad, just five weeks after the state carried out its first death by bullets. Mikal Mahdi, who pleaded guilty to murder for killing a police officer in 2004, is scheduled to be executed April 11. Mahdi, 41, had the choice of dying by firing squad, lethal injection or the electric chair. He will be the first inmate to be executed in the state since Brad Sigmon chose to be shot to death on March 7. A doctor pronounced Sigmon dead less than three minutes after three bullets tore into his heart.

564 People On Death Row In India, Highest Since The Turn Of The Century

In 90% of of all death penalty sentences in 2024, trial courts imposed sentences in the absence of adequate information about the accused, finds a recent report Bengaluru: Following the uproar and the widespread protests after the August 2024 rape and murder of a medical professional in Kolkata’s RG Kar hospital, there were demands for death penalty for the accused. The state government passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill 2024 (awaiting presidential assent) which included mandatory death sentence for rape which results in death of the victim or if the victim is left in a vegetative state, despite such a mandatory sentence being unconstitutional.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.