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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.

Scheduled execution of DC sniper stirs debate

With November 10th set as the execution date for John Allen Muhammad (pictured), the man dubbed the DC Sniper, new interest in his case is growing, with people on both sides speaking out.

Muhammad was tried in Virginia Beach for the murder of Dean Meyers in Prince William County on October 9, 2002. Convicted, the jury recommended death, and a Virginia judge issued the death sentence in March 2004.

Marion Lewis’ 25-year old daughter, Lori Ann Lewis-Rivera, was killed by Muhammad and his teenage accomplice, Lee Boyd Malvo, during a three week shooting spree in October 2002 that crossed two states and the nation’s capital and saw ten people killed by the snipers. Malvo was sentenced to life for his role in the shootings. Lewis says that he wishes he could dispatch Muhammad himself, but will settle for just being present at the execution.

Other victims’ family members also wish to be present. The director of the Victim/Witness Program in Prince William County, Patricia D. Allue, says that eleven families of victims have expressed interest in attending the execution.

Not everyone, however, is excited about this execution. Jonathan Sheldon, Muhammad’s attorney, has asked Gov. Tim Kaine to grant clemency based on new evidence of mental illness brought on by Gulf War Syndrome. He said, “Execution is not justified in this case because of John Muhammad’s severe mental illness as illustrated by brain damage, brain dysfunction, neurological deficits as well as his psychotic and delusional behavior.”

Richard Dieter, the Executive Director of the Death Penalty Information Center, agrees, saying that "From the evidence that has been submitted with the clemency petition for Mr. Muhammad, it appears that he is seriously mentally ill, more so than many people realized. This is not an excuse for his terrible crimes, but it should factor into whether he should be executed.”

Beth Panilaitis, Executive Director of Virginians for Alternatives to the Death Penalty, is also opposed to this execution. “Our thoughts are with the victims and with all those impacted by the shootings and the trauma of that time,” she says. “It is important to keep in mind that the citizens of Virginia and the greater metro area have been safe from this crime for seven years. Incarceration has worked. Life in prison without the possibility of parole has and will keep the people of Virginia safe. The execution and media coverage around it resurfaces all the crime details and in many ways re-traumatize the families of the victims and the community as a whole.”

Last year Kaine commuted the death sentence of Percy Walton to life in prison due to evidence that Walton suffered from mental illness. The US Supreme Court banned executing the mentally ill 2002 in Atkins v. Virginia.

Muhammad’s execution also comes at a time when the death penalty faces major challenges. Although there is little evidence to suggest that Muhammad might be innocent, Dieter and Panilaitis both cite the 2004 execution of Cameron Willingham who, as it turns out, may have actually been innocent. “The case of Cameron Willingham in Texas is an example of how the state may have executed an innocent person. Life without parole serves society's needs for punishment and protection without the risks associated with executions,” says Dieter.

Governor Kaine’s office says that he does not make comments on clemency requests until he makes his decision; however Kaine said that he can see no reason why the execution will not take place, but he promises to review the clemency petition.

Muhammad’s execution is scheduled to be carried out at the Greensville Correctional Center in Jarratt, Virginia on November 10, 2009 at 9:00 PM.

Source: Examiner.com, Oct. 26, 2009

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