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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment. The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.

Louisiana death row inmate who gave false confession released after 15 years

Louisiana Death Row
Louisiana Death Row
A Marrero man who spent 15 years on Louisiana's death row for his wrongful conviction of raping and strangling to death 14-year-old Crystal Champagne under the Huey P. Long Bridge in 1996 walked out of the Angola prison a free man Friday. Damon Thibodeaux, 38, was cleared, attorneys announced, confirming what he has said since his arrest on July 20, 1996: He caved after nine hours of interrogation by Jefferson Parish Sheriff's Office detectives and confessed to a crime he did not commit.

Thibodeaux, then a 21-year-old offshore deckhand, immediately recanted after he was fed and rested, but it was too late, his attorneys have said. He was convicted of first-degree murder by a Jefferson Parish jury and sentenced to die solely on the confession he gave then-Maj. Walter Gorman and then-Sgt. Dennis Thornton, who are now high-ranking officers in the Sheriff's Office, according to court records.

Thibodeaux's release was kept under wraps until a state judge in Jefferson Parish unsealed court records detailing the case Friday, an action timed with his being processed out of the Louisiana State Penitentiary at Angola.

A press conference is planned in New Orleans this afternoon to announce and detail the exoneration.

In a joint statement, Thibodeaux's attorneys and District Attorney Paul Connick said an investigation had begun in 2007, after the defense team approached prosecutors with evidence they said showed the man was innocent. DNA testing was done, and witnesses were interviewed. Connick also consulted with Michael Welner, a nationally recognized forensic psychiatrist who concluded the confession was false.


Source: The Times-Picayune, Sept. 28, 2012


Louisiana death row inmate 'looking forward to life as free man' after DNA proves innocence

Louisiana Death Chamber
Louisiana Death Chamber
A 38-year-old man wrongly convicted of raping and killing his 14-year-old step-cousin in 1997 was released Friday from Louisiana's death row after his confession was determined to be false and DNA tests found him to be innocent.

Damon A. Thibodeaux was released at about 12:30 p.m. after spending 15 years on death row at the Louisiana State Penitentiary at Angola, said Pam Laborde, a spokeswoman for the Louisiana Department of Corrections.

Thibodeaux was sentenced to death by lethal injection for raping, beating and strangling Crystal Champagne.

In a statement, Thibodeaux said he was grateful to Jefferson Parish District Attorney Paul Connick Jr. and "his people for studying my case and for their commitment to justice."

"I'm looking forward to life as a free man again," he said, "but I have great sympathy for the Champagne family that lost their daughter and sister. I sincerely hope that the person who murdered her is found and tried."

Prosecutors said the investigation into Champagne's murder continues.

Barry Scheck, co-director of the Innocence Project, said Jefferson Parish prosecutors and Thibodeaux's defense lawyers worked together to analyze the evidence against Thibodeaux and concluded that he made a false confession.

Scheck also said DNA tests on the clothes Thibodeaux was wearing at the time of Champagne's slaying found no trace of her DNA and a wire broken off and used to strangle the girl found no trace of his DNA.

Champagne was last seen alive July 19, 1996, when she left her family's apartment in Westwego to go to a nearby supermarket. Her body was found the next evening along the Mississippi River levee in Bridge City. Thibodeaux helped in the search.

Thibodeaux, an offshore worker, was on friendly terms with Champagne and was visiting her family during a break from his job, according to a newspaper report at the time of his arrest.

Thibodeaux confessed to the murder after a 9-hour interrogation, which the Innocence Project said became "virtually the sole basis for his conviction and death sentence."

In 1999, the Louisiana Supreme Court upheld Thibodeaux's sentence and the U.S. Supreme Court did in 2000. In his pleading to the U.S. Supreme Court, he argued that sheriff's deputies had bullied and hypnotized him into confessing. His appeal alleged 54 errors in the trial.

Connick said his expert forensic psychiatrist Michael Welner, of The Forensic Panel, concluded the confession was false.

Welner said Thibodeaux confessed falsely "under an unremarkable police interrogation."

He said Thibodeaux's "acute guilty feelings and expression" was illustrative of how suspects can be led into making false confessions.

"This case illustrates how a suspect's acute guilty feelings and expression and clearly false statements in questioning can snowball with interrogators who would logically interpret these as signs of criminal responsibility," he said.

During the trial's sentencing phase, jurors were told that Thibodeaux had been beaten with 2-by-4s and belts, sexually abused by family members and neighbors and beaten by his mother's husband, according to a newspaper account by The Times-Picayune.

The Innocence Project said the review of Thibodeaux's case also revealed that Champagne had not been raped and that she had not been murdered in the manner described by Thibodeaux in his confession.

Defense attorney Steve Kaplan said Thibodeaux's false confession was "a tragic illustration" of why police officers should be required to videotape interrogations. He said juries need to be shown entire interrogations to determine "whether it's truthful and reliable not only in light of the interrogation methods used in obtaining the confession, but also in light of other evidence that contradicts or disproves the confession."

Denise LeBoeuf, director of the ACLU's Death Penalty Project which worked on Thibodeaux's case, said Louisiana should consider a moratorium on executions in light of Thibodeaux's case.

"There can be no stronger argument against capital punishment than the condemnation of a truly innocent man," said LeBoeuf. "Louisiana citizens should demand a moratorium on executions until they can be assured that there are no more miscarriages of justice like the one that occurred in this case."

Since 2000, 6 people have been exonerated from Louisiana's death row, the Innocence Project said. Scheck said Thibodeaux was the 18th death row inmate in the United States to be exonerated by DNA.

Source: Associated Press, October 1, 2012

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