Skip to main content

To End Decades on Death Row, Inmate Makes an Agonizing Choice

Jimmy Dennis
Jimmy Dennis
After 25 years on death row for a killing he said he didn't do — and three years after a federal judge threw out his conviction — James Dennis was brought to a Philadelphia courtroom Thursday to make a harrowing choice: plead no contest to the crime and go home, or gamble on another trial.

He didn't want to admit to the 1991 shooting of 17-year-old Chedell Williams. A federal judge had already ruled he'd been condemned "for a crime in all probability he did not commit."

But that didn't guarantee that another jury wouldn't find him guilty.

So he took the only path he knew would keep him from execution.

"I need to do what I need to do for my family," Dennis told his brother, Greg, before entering the plea.

As part of his agreement with prosecutors, Dennis was able to maintain that he hadn't killed Williams.

"James Dennis entered a no-contest plea, not a guilty plea, because he maintains the same position that he has maintained for 25 years: that he is innocent of this crime," one of his lawyers, Karl Schwartz, told the judge. "He and his family have made this incredibly difficult decision based on his and their strong desire to have him home and free, [in] lieu of potentially years of continuing litigation."

The no-contest plea is not uncommon in claims of wrongful conviction. It allows prosecutors to keep a conviction without a new trial. The defendant, meanwhile, acknowledges there may be enough evidence for another guilty verdict but can still claim innocence.

To some, no-contest can seem like a good deal. To others, it can feel like less than justice.

Samuel Gross, a University of Michigan law professor who runs The National Registry of Exonerations, said the offer of a no-contest plea puts defendants in an agonizing bind.

"Typically, when someone has been on death row or general prison population for most of his adult life and is now offered an opportunity to leave prison right away, their family and friends and lawyers ... urge them to take the plea and not take a chance," Gross said. "Quite a few refuse."

The results are impossible to predict.

Gross cited the case of Terry Harrington, who was convicted with a friend, Curtis McGhee, of the 1977 murder of a retired police captain in Iowa. Both were granted new trials. McGhee took a no-contest plea and was released. Harrington chose to go to trial, but prosecutors dismissed the case instead. The dismissal resulted in his release and exoneration. But only later, after a lawyer found evidence that the prosecutors had improperly handled McGhee's plea, was he exonerated as well.

Lawyers also negotiated no-contest pleas in the case of the West Memphis 3 — men who were convicted of killing three Arkansas Cub Scouts in 1993. Not all of the three men wanted to enter the plea, but they agreed because one of them, Damien Echols, was suffering severely from 18 years on death row.

Philadelphia District Attorney Seth Williams, who was not in office when Dennis was convicted, challenged the ruling. An appellate court sided with her in August.

That forced Williams to decide whether to retry Dennis or drop the case. Unwilling to say Dennis was innocent, his office began negotiations with Dennis' lawyers.

One of Dennis' lawyers, Stephen Cozen, said in an interview that he considered the state's witnesses as "shaky" and Dennis' alibi — that he was a on a bus miles away when the murder took place — as strong.

Ultimately, Dennis agreed to the plea because it allowed him to continue to assert that he didn't kill Chedell Williams.

"Our main goal was to try to get Jimmy out of prison after having served 25 years," Cozen said.

Prosecutors said they remained convinced of Dennis' guilt.

"In our system of justice, the defendant is always free to state otherwise. Under the law, however, he stands convicted of this murder," Williams' office said in a statement. "We accepted this plea not because of doubts about guilt, but because of the inherent difficulties of retrying a complex case more than a quarter century after the crime."

The remaining complication was an unrelated robbery conviction, according to Dennis' lawyers. Dennis didn't dispute that one. But that punishment remained on the books.

The two sides worked out a deal where prosecutors would recommend that Dennis receive parole, possibly in time to be home by Easter, Cozen said. He praised Williams' office for negotiating the deal.

Dennis' older brother, Greg, said the family is now planning a homecoming. But the reunion will be bittersweet.

He criticized Williams for not dismissing the case.

"We're happy that we'll get to spend some time with Jimmy and be with him, but we also feel very disrespected," he said.

Source: nbcnews.com, Jon Schuppe,December 24, 2016

⚑ | Report an error, an omission; suggest a story or a new angle to an existing story; submit a piece; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Most viewed (Last 7 days)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements.