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Activists Call on President Biden to End the Federal Death Penalty Before Leaving Office

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A conversation with Death Penalty Action Co-founder and Executive Director Abe Bonowitz. Now that Joe Biden is a lame duck president, activists are holding him accountable to make good on his promise to end the federal death penalty during his remaining six months as president. Biden’s election campaign in 2020 had pledged to end the federal death penalty and incentivize the remaining 27 states that still allow executions to do the same. While he made history as the first president in the United States to openly oppose the death penalty, there has been no movement to actually end federal executions during his nearly four years in office.

David Grann: a sudden dismissal

Yesterday, the Republican governor of Texas, Rick Perry, abruptly dismissed the chairman and two members of the Texas Forensic Science Commission investigating the execution of Cameron Todd Willingham (pictured above), which I wrote about last month in The New Yorker. The move came two days before the commission was scheduled to hear crucial evidence that Willingham was put to death, in 2004, based on arson theories that have since been disproven by modern science. The new chairman appointed by Perry promptly postponed Friday’s hearing, when the noted fire scientist Craig Beyler was supposed to testify regarding his findings.

Beyler, who had been hired by the commission to review the original arson investigation, had determined that there was no scientific evidence that Willingham had set the fire that killed his three children, in 1991, and that the original investigators had relied on folklore and methods that defied rational reasoning. Several of the country’s other top fire scientists have reached a similar conclusion.

Perry, who is in a contested campaign for reëlection, had been governor at the time of Willingham’s execution. Before the execution, Willingham’s lawyer had asked Perry to grant a stay based on a report from Dr. Gerald Hurst, a leading fire expert, who had concluded that “there is not a single item of physical evidence in this case which supports a finding of arson.” Willingham’s request, however, was denied.

Perry insisted that the three commissioners’ terms had expired and the change was routine. But the ousted chairman, Sam Bassett, told the Houston Chronicle that he had heard from Perry’s staffers that they were “concerned about the investigations we were conducting”; another of the removed commissioners told the Associated Press that Perry’s office informed him that the governor was “going in a different direction.”

Bassett added in a statement, “In my view, we should not fail to investigate important forensic issues in cases simply because there might be political ramifications.” Unfortunately, the process has now been tainted.

Source: The New Yorker, October 1, 2009

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