Skip to main content

What We Can Learn About the Death Penalty from the Cases of Two People Scheduled to be Executed Today

On July 20, America will add two more names to the list of people on the roster of those it has put to death as a punishment for crime. One, the execution of James Barber in Alabama, has already received a lot of publicity. The other, Oklahoma’s execution of Jemaine Cannon, has attracted less public attention.

But together they illustrate the continuing injustice and cruelty of America’s death penalty system.

The Cannon case highlights the kinds of people who end up on death row and are put to death. It reminds us that we are not executing the “worst of the worst.”

Instead, the people executed in the United States often are of child abuse, violence, neglect, and the kind of trauma that explains why they commit violent crimes. They get death sentences because of the poor quality of the lawyers who represent them.

The Barber case focuses our attention on another part of the death penalty process: how we kill, the execution methods we use, and the ongoing threat that those methods will be botched. This country has never had a foolproof way of executing people, and none is on the horizon.

Let’s start with the Cannon case.

He was convicted in 1996 of the fatal stabbing of a 20-year-old woman named Sharonda Clark. He had been living with Clark after escaping from prison, where he was serving a 15-year sentence for a violent assault on another woman in 1990.

During his trial for Clark’s murder, Cannon admitted that he stabbed her. He contended that he did so in self-defense after she attacked him when he told her he was going to move out of the apartment they were sharing. He said that he “blindly” swung a knife at Clark in an effort to protect himself.

The prosecution offered evidence to undermine Cannon’s self-defense claim, including photos to show that there were no defensive injuries on his body when he was arrested.

As in many death penalty cases, his trial was not trouble-free. For example, Cannon claims that his lawyers did not inform him of his right to testify in his own defense and that he had wanted to do so to offer evidence about why he stabbed Clark.

He also argues that “they wrongly told him that certain damaging evidence would be admitted for impeachment purposes if—and only if—he were to testify” and that because of those errors, “he did not make a knowing and voluntary waiver of his right to testify.”

Cannon’s defense also was hampered, he says, because he was not provided the funding needed to hire investigators, mental health experts, and a crime scene reconstruction expert.

In his recently denied petition for clemency, Cannon noted that “During the first stage [of the trial] (his) counsel called no witnesses, including Jermaine; introduced no exhibits; made sparse use of State’s exhibits; engaged only in limited cross-examination of State’s witnesses; and had no cross for almost one-third of those witnesses… His current counsel read the defense aloud and estimates that the entire first stage defense took less than one hour….”

“The defense lawyers provided,” the petition alleged, “what can charitably be described as a drive-by defense.”

In the penalty phase of his trial, Cannon’s lawyers did offer evidence that he had been abused as a child and argued that this abuse explained his propensity for violence against women. Cannon had been diagnosed with Complex Post Traumatic Stress Disorder about a year before the death of Sharonda Clark.

As Rev. Don Heath, a member of the Oklahoma Coalition Against the Death Penalty, correctly observes, “It is hard for anyone who grew up in middle-class homes with stable and loving parents to imagine the trauma Mr. Cannon suffered as a child and the role it played in his violent life.”

Today Cannon is nearly blind and hard of hearing. He suffers from a severe inflammatory disease, which affects his eyes, lungs, liver, spleen, bones, and skin, and another degenerative condition that affects his vision. He also has a condition that has produced substantial hearing loss.

Moreover, those who have joined in the effort to stop his execution point out that in the twenty-seven years that Cannon has been on death row, he has shown “no suggestion of violence, substance abuse or any action putting others at risk, advocates say. He continues to have a meaningful relationship with his mother, grandmother, and other friends and relatives.”

Cannon is on death row because he was scarred by violence throughout his life. And, on the cusp of his execution, he hardly seems to be a threat to anyone.

Killing him will not do anything to make the public any safer. But that seems not to matter in Oklahoma.

Its attorney general, Gentner Drummond, welcomes Cannon’s execution, someone he calls a “monster who brutally murdered Sharonda Clark and deprived her two young children of their mother. Justice will be served when the death penalty is carried out July 20.”

Later today, after Oklahoma executes Cannon, Alabama is scheduled to kill James Barber.

While supporters contend that the handling of Barber’s death penalty case, like Cannon’s, was marked by ineffective assistance of counsel, it is the fact that he will be the first person executed in Alabama since it carried out a series of botched executions last year that has drawn nationwide attention.

His also will be the first execution since Gov. Kay Ivey paused executions for the state Department of Corrections to review execution procedures. In February, she announced that the review was finished and that the state was ready to get back into the execution business.

But it is unclear whether Alabama has really fixed the problems that, last year, made it the botched execution capital of the United States. As the Atlantic’s Elizabeth Bruenig notes, “The review was a special one in the history of execution protocol reviews. Other states have reviewed their execution processes and procedures….”

“Those states,” Bruenig says, “formed independent commissions to review their execution procedures and processes and issue reports that were eventually made public. In this case, Governor Kay Ivey asked the Department of Corrections to investigate itself and issue its findings to her. So there was nothing independent, there was nothing third party, there was nothing external and there was nothing public about this review.”

From what we now know, Alabama seems to have added new medical personnel and equipment to its execution process, and they have carried out more rehearsals of the execution process. But there is reason to be skeptical about how significant those changes are.

For example, as Bruenig points out, the new equipment Alabama says it will use will consist only of “straps” that have been added to the gurney used in lethal injections.

The most significant change in the procedures in place for Barber’s execution did not come about because of the review that Ivey commissioned. It is an extension in the time that Alabama officials will have to carry out executions.

If things go wrong when they try to put Barber to death, he will not be saved from the kind of suffering Alabama inflicted on the people it tried to kill last year by the expiration of his execution warrant.

As he told an interviewer from NBC this week, “I have a fair amount of trepidation about the process that they obviously haven’t perfected—to be at their hands and be the first one after they didn’t do a true review of the protocol and made no real changes.”

In this moment, Barber is not the only one who should feel ill at ease. Looking at his case as well as the Cannon case should be enough to give all of us “a fair amount of trepidation” about what the government does when it kills in our name.

Source: verdict.justia.com, Austin Sarat, July 20, 2023. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Views expressed do not represent Amherst College.


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:












HELP US KEEP THIS BLOG UP & RUNNING!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."


— Oscar Wilde

Most viewed (Last 7 days)

Tennessee | Republicans legislature to investigate other execution methods after failed lethal injections

Republican leaders in Tennessee’s legislature say they will investigate the reliability of lethal injection as an execution method after the state failed to execute two death row inmates in the span of five months. Gov. Bill Lee stopped the May execution of Tony Carruthers after a physician unsuccessfully attempted to insert intravenous lines to begin the lethal injection process for over an hour. Death row inmate Christa Pike survived two failed rounds of Tennessee’s lethal injection protocol on Sept. 30 before the execution was halted. Pike, who was sentenced to death for the 1995 murder of Colleen Slemmer, is receiving medical care in a Nashville hospital. 

Florida Set to Execute Man Who Said He Killed to Reach Death Row, Challenging Misconception that Death Penalty Deters Crime

Florida is scheduled to execute James Robertson at noon on Tuesday, October 13, at Florida State Prison. His execution remains scheduled despite the withdrawal of William Lee Thompson’s death warrant, which had called for a 2nd execution that evening. If completed, this will be Florida’s 17th execution of 2026. Floridians for Alternatives to the Death Penalty (FADP) and partners will be holding a series of vigils and demonstrations across the state. 

What Tennessee wants to do next to Christa Pike is beyond grim

Christa Pike, the woman who survived two execution attempts in Tennessee earlier this week, remains hospitalized in critical condition, where presumably medical staff is at work trying to keep her alive.  If she wakes from the coma she had entered, Tennessee officials want to start anew to inject lethal drugs into her seemingly too-small veins to kill her and carry out the state death warrant. Pike also is being treated for “significant injuries to both arms” sustained when two lethal injections of pentobarbital failed to kill her. If she dies, there will be no need to try again.  As we know by now, Tennessee tried to put Pike to death Wednesday night by lethal injection for a murder she committed when she was 18. She would have been the first woman executed in the state in 200 years. 

Tennessee | Christa Pike’s lawyer says she has not regained consciousness since her failed execution

Christa Pike has remained unconscious and on a ventilator at a hospital in the four days since her failed execution in Tennessee, and her prognosis might not be known for days more, one of her lawyers said Sunday. Little has been released about Pike’s condition since Wednesday night’s execution attempt. She has since remained hospitalized under guard as doctors try to get the massive dose of the barbiturate pentobarbital out of her system. When asked whether she ever regained consciousness after the execution attempt, Assistant Federal Defender Stephen Ferrell, Pike’s lawyer, said on CNN’s “State of the Union”: “Not that I am aware of.”

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

USA | Firing squad execution to be livestreamed, Pentagon says

The public will be able to watch the execution of a former US Army major by firing squad, US Defence Secretary Pete Hegseth has said. A Defense Department official told the BBC the execution of Nidal Hasan, who shot dead 13 unarmed US soldiers at Fort Hood in 2009, would be livestreamed. It is believed it would be the first public execution in the US in almost a century. The decision to livestream it is "unprecedented in the modern era" and "on uncertain legal terrain", said John Mills, a lawyer who works with inmates sentenced to death.

Opinion | I Know Christa Pike’s Medical History. What Tennessee Did Is Unforgivable.

Dr. Zivot is an anesthesiologist and intensive care physician. He consulted on Christa Pike’s case before her attempted execution.   On Wednesday night, Christa Pike lay strapped to a gurney at Riverbend Maximum Security Institution in Nashville while the State of Tennessee injected pentobarbital, a sedative that is lethal in high doses, into her veins. When the 1st dose did not kill her, the execution team gave her a 2nd. At one point, she told the room her arm felt as if it were about to burst. She was nearly correct. More than an hour after the procedure began, an ambulance was called. She was severely injured but still alive. 

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time. 

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

After Christa Pike survives lethal injection, America's shameful botched executions

The US is one of the few Western nations that still permits the death penalty, carried out regularly in 27 states. And in a country where regional political culture strongly favours retributive justice, it is no wonder capital punishment remains an enduring part of the American legal system. But following Christa Pike's botched lethal injection last week, fresh questions are being raised over whether executing convicted murderers and rapists outweighs the risks of an innocent person being put to death, or of an execution going so badly that a prisoner is left to die in agony, or even survives the attempt.