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No Second Chances: What to Do After a Botched Execution

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Ohio tried and failed to execute Alva Campbell. The state shouldn't get a second chance.
The pathos and problems of America's death penalty were vividly on display yesterday when Ohio tried and failed to execute Alva Campbell. Immediately after its failure Gov. John Kasich set June 5, 2019, as a new execution date.
This plan for a second execution reveals a glaring inadequacy in the legal standards governing botched executions in the United States.
Campbell was tried and sentenced to die for murdering 18-year-old Charles Dials during a carjacking in 1997. After Campbell exhausted his legal appeals, he was denied clemency by the state parole board and the governor.
By the time the state got around to executing Campbell, he was far from the dangerous criminal of 20 years ago. As is the case with many of America's death-row inmates, the passage of time had inflicted its own punishments.
The inmate Ohio strapped onto the gurney was a 69-year-old man afflicted with serious ailm…

DNA tests show match to Columbus County man on death row

Norfolk “Fuzzy” Best
Norfolk “Fuzzy” Best
Lawyers for death row inmate Norfolk “Fuzzy” Best were optimistic in 2012 when they found six boxes of evidence in the attic of the Whiteville City Hall, evidence not shared during Best’s 1993 trial for the murder of an elderly couple.

The police notes, names of alternate suspects and biological samples could prove Best’s innocence, the lawyers wrote in court filings requesting DNA tests on the newly discovered evidence.

Those test results are in and give almost incontrovertible evidence that Best stabbed to death Leslie and Gertrude Baldwin in their Whiteville home in 1991. A vaginal swab taken from Gertrude Baldwin, who was raped, contains sperm that matches Best’s DNA.

The report from Sorenson Forensics in Utah said the chance that the DNA could come from an unrelated male in the United States is 490 trillion to one.

Betsy Baldwin Marlowe, a daughter, said she was pleased when she learned of the results.

“This has been ongoing for too long,” said Marlowe, who lives in Florence, S.C. “This has been stressful for the family.”

The News & Observer wrote about Best’s case in September 2014.

The murders of the popular and well-known couple shocked the people of Columbus County, located in the rural southeast corner of the state. For 37 years, the Baldwins ran a photography studio in Whiteville, capturing the pictures of babies and brides, graduates and grandparents, farmers and bankers.

Within two weeks of the killing, police arrested Best, who had many arrests for drugs, robbery and assault and who was recently released from jail. Best, the oldest of eight children, was raised in a clapboard shack with a backyard outhouse by a single mother who sold moonshine to make ends meet.

Then-District Attorney Rex Gore painted a straightforward theory for the jury. Best worked in the Baldwins’ yard one Saturday and returned that evening to kill and rob them. Best took a wad of $100 bills and spent the next 48 hours holed up in motel rooms, drinking and smoking crack cocaine with three women.

Best testified he was innocent. But the jury convicted him and sentenced him to death.

After the U.S. Supreme Court turned down his appeal, Best continued to claim innocence. A post-conviction lawyer was appointed, but the case languished.


Source: The News & Observer, Joseph Neff, December 7, 2015
Read more here: http://www.newsobserver.com/news/local/crime/article48491745.html#storylink=cpy

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