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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…

SCOTUS Overturns Louisiana Death Row Conviction

Prosecutors failed to disclose evidence that could have helped his defense.

WASHINGTON (AP) — The Supreme Court on Monday reversed the 2002 murder conviction of a Louisiana death row inmate after ruling that prosecutors failed to disclose evidence that could have helped his defense.

The ruling came in the case of Michael Wearry, who was convicted in the 1998 death of a 16-year-old pizza delivery driver near Baton Rouge.

The justices said in an unsigned opinion that prosecutors should have turned over evidence casting doubt on the credibility of a prison informant and another witness who testified against Wearry. 

The court also said the state failed to disclose medical records raising questions about a witness' description of the crime.

Lower courts had rejected Wearry's post-conviction appeals.

Wearry was implicated in the case nearly two years after the victim, Eric Walber, was found lying face down on the side of a gravel road in a rural area of Hammond, Louisiana. Officials said Walber was beaten to death. Wearry claimed that he was at a wedding reception 40 miles away at the time of the murder.

The high court said the state's trial evidence "resembles a house of cards" built on the questionable testimony of a prison informant who other inmates said was seeking revenge against Wearry. It sent the case back for a new trial.

"Beyond doubt, the newly revealed evidence suffices to undermine confidence in Wearry's conviction," the court said.

Justices Samuel Alito filed a dissent joined by Justice Clarence Thomas. Alito said the jury might have convicted Wearry even with the additional evidence. He said the high court should have taken up the case on the merits to give the state "the opportunity to make its full case."

Source: The Associated Press, March 8, 2016

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