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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…

Texas: Tilon Carter execution halted amid claims of false evidence at trial

Tilon Carter
Tilon Carter
A Fort Worth man who claims he did not intentionally kill an 89-year-old man had his looming execution halted Friday afternoon.

Four days before he was set to die, the Texas Court of Criminal Appeals on Friday halted the execution of a man convicted in a 2004 Fort Worth home robbery and murder. It’s the second time he’s had an execution taken off the schedule this year.

Tilon Carter, 37, filed a late appeal to the court Monday claiming the prosecution used false evidence at trial that the victim, 89-year-old James Tomlin, died partially from being smothered. Carter has maintained that he never intentionally killed Tomlin and was therefore ineligible for a death sentence.

The Court of Criminal Appeals issued an order Friday afternoon staying the execution while the judges look into the case. His death was set for Tuesday evening. It would have been the fifth execution in Texas this year.

After Tomlin's death in April 2004, Carter confessed to police that he and LaKeitha Allen broke into Tomlin’s home, bound him with duct tape and robbed him, according to court filings. But he claims he didn’t smother Tomlin and left him bound but alive and talking. The Tarrant County medical examiner testified during trial that Tomlin died partially from smothering, but also from positional asphyxia, meaning he suffocated after being left in a dangerous position unable to move.

In his new appeal, Carter's attorney cited “new evidence” of other pathologists who disagreed that Tomlin was smothered.

“While the experts disagreed on the ultimate cause—whether Mr. Tomlin’s death was caused by positional asphyxiation or a cardiac event—they unanimously agreed that the evidence does not show that Mr. Tomlin’s death was the result of intentional smothering,” wrote Raoul Schonemann, Carter’s attorney, in his latest response to the court.

The Tarrant County Criminal District Attorney's Office argued Wednesday that Carter’s arguments were barred from examination because the issue should and could have been raised at an earlier time in his appeals process.

The county also argued that gathering new expert opinions doesn’t qualify as “new scientific evidence,” which is one thing an appeals court can review after initial appeals in a death penalty case.

“Mere disagreement among experts’ opinions that could have been found at the time of [Carter’s] initial ... application, or even before his trial, do not amount to new scientific evidence that was previously unavailable,” wrote Assistant Criminal District Attorney Helena Faulkner.

Source: Texas Tribune, Jollie McCullough, May 12, 2017

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