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USA | States Continue to Oppose DNA Testing in Death Penalty Appeals, Attorneys Ask Why Don’t They Want to Learn the Truth?

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The last 3 men scheduled for execution in Georgia said they did not commit the killing and that DNA testing that was not available at the time of trial could prove it. In 2 of the cases, victim family members supported the request for testing. Prosecutors opposed the requests, and the courts refused to allow the testing. 2 of the 3 men were executed, with doubts still swirling as to their guilt.
Shawn Nolan, a federal defender who represented Georgia prisoner Ray “Jeff” Cromartie, summed up the sentiments of the prisoners, families, and defense attorneys in these cases. “I’d like to know what the state is so scared of,” he said. “Why are they afraid of the truth? This is sad and so disturbing.”
“We have the capability of testing a wide range of forensic evidence that we couldn’t test in the past,” said Death Penalty Information Center Executive Director Robert Dunham. “It is a powerful tool to get to the truth and to get important answers as to whether the criminal legal system has b…

California: Death penalty supporters seek to speed up executions

The Adjustment Center at San Quentin Prison, California
The Adjustment Center at San Quentin Prison, California.
Death penalty supporters got the state’s go-ahead Thursday to collect signatures for a November 2016 ballot measure aimed at speeding up executions, raising the prospect that voters will be asked to choose between toughening California’s death penalty law and repealing it.

The new initiative would require the state Supreme Court to rule on capital cases within five years. It would also limit death penalty appeals, set strict deadlines for filing appeals and seek to expand the pool of death penalty lawyers. Any attorney who now accepts court appointments to represent impoverished defendants in criminal cases would also have to take on capital cases, regardless of experience.

Another provision would eliminate the currently required public comment period before the state can approve a new single-drug execution method, which officials have proposed to replace the current three-drug executions.

Supporters of the measure say it would reduce by at least half the period, typically 25 years or more, needed to resolve death penalty appeals in California. Opponents disagree, noting that the initiative would not add funding for death penalty lawyers or court staff.

A rival initiative to repeal the death penalty and replace it with life imprisonment without parole was cleared for circulation last month. A similar repeal measure was defeated by four percentage points in November 2012.

Both initiatives need 365,880 signatures of registered voters in 180 days to qualify for the ballot. Sponsors of the new initiative have raised more than $1 million so far and expect to collect the needed signatures, said Charles Bell, a lawyer for the campaign.

California, which has nearly 750 condemned prisoners, conducted its last execution in January 2006, before a federal judge ruled that defects in lethal injection procedures and staff training created an unacceptable risk of a botched and agonizing execution.

Source: San Francisco Chronicle, Bob Egelko, December 24, 2015

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