Manual The Execution of Innocence

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There is no way to tell how many of the people executed since may also have been innocent. Courts do not generally entertain claims of innocence.
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The highest criminal appeals court in Texas has halted the pending execution of Rodney Reed, who was scheduled to die next week for the killing of Stacey Stites in That development came just hours after the Texas parole board voted unanimously Friday to recommend that Texas Gov. Greg Abbott delay Reed's execution. Beyonce is among more than , who have signed a charge.


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This pace jeopardizes the kind of careful consideration necessary for any capital case, but especially one with a pending execution date. In the case of these eight executions, the parole board actually had to curtail their internal clemency policies and procedures to try to process so many applications in such a short time. I called a friend who is a life history investigator in capital cases, and together we decided that we should see if there was anything we could do to help Ledell.

DPIC Database: Innocence Database

We knew we would be running against strong headwinds: Courts are hostile to any claims close to an execution date, and we were incredibly close. But we thought if there was a small chance we could do something, we had to try.


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More on Ledell Lee v. State of Arkansas. The life investigator flew down the next day, and we began the process that typically takes years. The investigator met with Ledell for two long days and learned basic life history information about him that no one had gathered previously. Ledell thanked her for listening to what he had to say.

He was grateful to have a team willing to look into his innocence. The more I learned about his case, the more troubled I felt.

US death row study: 4% of defendants sentenced to die are innocent | World news | The Guardian

There were gross, shocking abuses throughout. His lawyers had requested to withdraw and stopped working on his case. The judge, the same one having an affair with the prosecutor, wrote to the Arkansas Supreme Court and opposed new counsel for Ledell. He did so while personally disparaging him. This was not normal, and far outside of the bounds of the kind of impartiality we expect from judges. A neuropsychologist finally tested Ledell for the first time the week before his execution. The results showed that Ledell was likely ineligible to be executed: He had significant intellectual deficits and disability.

Dr. Phil Says He's '100 Percent Convinced' Rodney Reed Is Innocent As Inmate's Execution Date Nears

We had no time and an obstacle course of legal doctrinal hurdles to overcome before any court would consider the evidence of intellectual disability or innocence we wanted to bring. It was now just a week before his execution was scheduled, and I sent out a call for help. Many answered this call. The more other people learned about the case, the more joined.

Knowing about its injustices moved people to action. I asked a colleague in New York at the Innocence Project for the name of an expert who could look at what we suspected were important DNA testing possibilities. My ears rang with the low hum of adrenaline, a substitute for sleep and symptom of the state of high alert that comes from profound fear.

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I was worried, but hopeful. Earlier that day, a trial court in Arkansas put in place a stay of execution after a drug company had successfully won an order barring the use of its drugs in executions because of evidence that Arkansas acquired the drugs under false pretenses. We had also filed a motion requesting a few weeks time to allow for DNA testing that was very similar to the motion granted the day before by the state of Arkansas in another capital case set for execution the same night as Ledell.

Our hope was misplaced. We learned in the afternoon that the stay had been vacated for the wrongly acquired drugs, and then slowly heard one by one that the courts were denying our claims. The state characterized our serious legal challenges as just run of the mill, last-minute filings of a kind that would oppose any execution.

He sent the unmistakable message that he wanted an execution to go forward. The truth is as clear now as it was before Ledell was executed this past Friday. Ledell Lee deserved better.

Texas appeals court halts execution of condemned man who many say is innocent

He deserved a through defense and a fair trial. Its list of exonerated individuals is presented in a searchable database , with links to more complete descriptions of each case. DPIC has issued a series of reports on this issue, collecting the latest information on why so many mistakes occur. It also follows the related questions of whether innocent individuals have already been executed and whether some defendants are in fact innocent, despite not being completely exonerated in the eyes of the law.

For the Media. For Educators. Fact Sheet. Policy Issues Innocence The death penalty carries the inherent risk of executing an innocent person. Overview Given the fallibility of human judgment, there has always been the danger that an execution could result in the killing of an innocent person.


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