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Anthony Ray Hinton Spent Almost 30 Years on Death Row. Now He Has a Message for White America.

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Anthony Ray Hinton was mowing the lawn at his mother's house in 1985 when Alabama police came to arrest him for 2 murders he did not commit. One took place when he was working the night shift at a Birmingham warehouse. Yet the state won a death sentence, based on 2 bullets it falsely claimed matched a gun found at his mother's home. In his powerful new memoir, "The Sun Does Shine: How I Found Life and Freedom on Death Row," Hinton describes how racism and a system stacked against the poor were the driving forces behind his conviction. He also writes about the unique and unexpected bonds that can form on death row, and in particular about his relationship with Henry Hays, a former Klansman sentenced to death for a notorious lynching in 1981. Hays died in the electric chair in 1997 - 1 of 54 people executed in Alabama while Hinton was on death row.
After almost 30 years, Hinton was finally exonerated in 2015, thanks to the Equal Justice Initiative, or EJI. On April 27…

Judge Accepts Challenge of Law in Death Penalty Case

Donald Fell
Donald Fell
In an order issued Tuesday, U.S. District Court Judge Geoffrey Crawford said there was "strong disagreement" in "judicial and scholarly" circles about the legality of the death penalty

The federal judge hearing the death penalty retrial of a Vermont man charged with killing a Rutland supermarket worker more than 16 years ago said he was open to hearing a constitutional challenge of the federal death penalty law.

In an order issued Tuesday, U.S. District Court Judge Geoffrey Crawford said there was "strong disagreement" in "judicial and scholarly" circles about the legality of the death penalty.

"Preliminarily, and with an open mind about the arguments recently made by both sides, the court is looking at the constitutional challenge to the death penalty," Crawford wrote in the entry order dated Tuesday.

Crawford said that cases from the 1970s identified and tried to correct problems with the death penalty but "40 years later the question of a systemic violation of the Eighth Amendment remains."

Crawford scheduled a hearing for Feb. 26 so defense attorney for Donald Fell and prosecutors can discuss the details of the case and be ready for a hearing on the issues this summer.

Robert Dunham of the Washington-based Death Penalty Information Center said Crawford's ruling was an important development in the case.

"Judges don't grant evidentiary hearings if they don't have concerns about the issues," Dunham said.

Fell was arrested in 2000 shortly after the abduction and killing of Terry King, a North Clarendon grandmother. At the time, prosecutors decided the case should be heard in federal court. Vermont has no death penalty.

In 2002, the judge then hearing the case declared the federal death penalty unconstitutional. Two years later, an appeals court overturned that ruling, allowing the original trial to go forward.

Fell was convicted in 2005 and sentenced to death for the abduction and killing of King. A judge ordered a new trial because of juror misconduct. A second trial is scheduled for February 2017.

Last fall, Fell's attorneys asked the court to rule the death penalty is cruel and unusual punishment prohibited by the Fifth and Eighth Amendments to the U.S. Constitution.

Source: necn, Feb. 10, 2016

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