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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…

A death row inmate, a murder victim's son, and a 16-year quest for justice

Police mug shot of Walter Ogrod taken April 6, 1992
Police mug shot of Walter Ogrod taken April 6, 1992
This wasn’t the story that Tom Lowenstein had bargained for. The year was 2003 and the crusading writer had travelled to a prison in the remote southwestern corner of Pennsylvania to interview a death-row inmate named Walter Ogrod for what he thought was going to be a book about America’s damaging obsession with the death penalty.

He’d initially shrugged off Ogrod’s letters insisting that he was innocent, that he had nothing to do with the horrific slaying of a 4-year-old girl – found naked inside a TV box – that had roiled a rowhouse street in Northeast Philadelphia in 1988. That’s just what any murder convict was going to say, right?

But now as Lowenstein sat just across a Plexiglass barrier from Ogrod at Pennsylvania’s state prison in rural Greene County and listened to Ogrod’s blank recounting of his ordeal in the sinkhole of Philadelphia’s criminal justice system, he realized that the then-36-year-old Ogrod was “off” -- developmentally disabled. In no way, the now-New-Orleans-based journalist realized, did the murder convict sound anything like the character who’d signed an emotional confession after a relentless 14-hour police interrogation.

The death-penalty idea was scrapped. What emerged that day was a writer’s obsessive, 16-years-and-counting quest to show that Philadelphia police and prosecutors had used a false confession and the beyond-dubious involvement of a notorious and later-discredited jailhouse snitch to solve a high-profile murder by locking up an innocent man -- a man who now has spent nearly half his life behind bars.

The 348-page product of that journey, The Trials of Walter Ogrod, is out this week from Chicago Review Press. It’s a remarkable book that is hard to put down as it evolves from a grim true-crime saga -- drenched in a 1980s Philly of crank-fueled bikers and claustrophobic crime-fearing streets -- to Ogrod’s sudden entrapment in a maze of suffocating injustice that updates the term “Kafkaesque” for a new millennium.

Ogrod’s 1992 arrest had been on the front page of the Daily News – the seeming resolution of a murder that had torn apart Rutland Street, a rowhouse block off Cottman Avenue in Northeast Philly. On the steamy afternoon of July 12, 1988, a 4-year-old girl named Barbara Jean Horn wandered off in search of someone to play with, and turned up dead several hours later on a nearby sidewalk, stuffed inside the TV box.

Initially, no one was arrested even after the neighborhood was plastered with fliers showing a police sketch of a man whom several witnesses had seen lugging the box – short to average build, sandy blonde or brown hair, slight moustache. Four years later, two of Philadelphia’s most aggressive homicide detectives were put on the case; after an intense push to get Barbara Jean’s stepdad to confess, the cops set their sights on Ogrod, a somewhat “slow” young man who’d lived across the street in 1988 and now had a steady job driving a truck.

The detectives brought in Ogrod, who hadn’t slept the night before, and kept him up for another 14 hours, pressing their suspect that he was blocking out his memories of killing Barbara Jean, until Ogrod finally signed every page of a 16-page, highly detailed confession that had been written out by Detective Marty Devlin.

When Lowenstein finally met Ogrod nearly a decade later, the author said what struck him most was the Death Row inmate lack of affect and inability to express emotion – about his plight in prison, his difficult upbringing, or anything else – yet the so-called confession was filled with angst; it quoted Ogrod stating that “you have no idea how hard this is for me” and that he wanted to commit suicide – nothing like the way he talked in real life.

There were other problems: Ogrod didn’t look anything like the police sketch, there was no physical evidence connecting him to the crime, and there were strange gaps in the police work, such as a failure to search the apartment where Ogrod lived at the time of the arrest. Lowenstein was hardly the only one who thought the so-called confession rang false; when prosecutors first brought the case to trial in October 1993, the jury voted for acquittal only for one juror to blurt out that he’d changed his mind right as the verdict was being read, prompting a mistrial.

When the retrial came in 1996, the so-called confession had been pushed to the background. Prosecutors instead focused on a scenario developed by a notorious jailhouse snitch, John Hall, nicknamed “The Monsignor” because of his supposed ability to solicit confessions. Placed as Ogrod’s cellmate, Hall came forward with a claim that Ogrod had told him about a months-long scheme to kill Barbara Jean that was nothing like the story he’d allegedly told the detectives. Hall also introduced Ogrod to another snitch, Jay Wolchansky, who eventually told a variation of Hall’s tale on the stand at Ogrod’s second trial, in exchange for leniency in a pending case.

By 1997, Hall’s reputation as a witness was in tatters; he was nixed in the high-profile Center City jogger murder of Kimberly Ernest after admitting a scheme to fabricate and then claim he'd found key evidence, a necklace, from the cell of one of the defendants, and cops or prosecutors found him not credible in several other cases. In his dogged reporting, Lowenstein eventually persuaded Hall's wife (her husband died in a 2006 apparent drug overdose) to admit that she’d helped her husband lie about the Ogrod case and that she’d even written Ogrod letters in prison pretending to be a stripper named “Autumn,” in an unsuccessful attempt to elicit information.

But by then, Ogrod had already been convicted in his re-trial and sentenced to death, in large part because of the snitch testimony. After Lowenstein published his first piece about the holes in Ogrod’s case in the Philadelphia City Paper in 2004, lawyers working through an American Bar Association death-penalty project began fighting to overturn his conviction; the first bid went all the way to the U.S. Supreme Court and failed, and efforts to introduce new evidence that could free Ogrod have dragged on for years. Another hearing is slated, tentatively, for July.

The Philadelphia DA’s office – which declined to comment for this column – continues to fight doggedly to keep Ogrod on Death Row. One particular source of frustration is that both prosecutors and the courts have successfully rebuffed efforts to perform state-of-the-art DNA tests on fingernail scrapings taken from Barbara Jean in 1988 – tests that Ogrod’s lawyers believe could point to alternate suspects.

Click here to read the full article

Source: philly.com, Will Bunch, March 28, 2017

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