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July 29, 2003
Death, DNA and politics
Indiana Governor Frank O'Bannon yesterday released a Statement Regarding Darnell Williams:
I hereby grant a 60-day stay of execution to Darnell Williams in order that he may obtain DNA testing of certain blood evidence.[. . .] In the unique circumstances of this case, however, it is appropriate to grant a stay in order that DNA tests be performed. In this case, Thomas Vanes, who prosecuted this case and several other capital cases when he was a deputy prosecutor in Lake County, has stated his belief that DNA testing should be done because it could reflect on Williams’ degree of culpability. Also, in a decision issued last Friday, two justices of the Indiana Supreme Court voted to permit DNA testing and stated that they would support a new sentencing hearing if the tests showed the blood not to be from the victims. These circumstances make this case highly unusual and justify delaying the execution for the purposes of testing.
Over at news from me, writer Mark Evanier has an entry or two about the case, the second of which links to Let DNA Close Door on Doubt in Murder Cases, an LA Times OpEd from former prosecutor Thomas Vanes:
As the lawyer who prosecuted him, I saw and heard every bit of the trial, and I knew then — and still think now — that the blood evidence in question played a big role in his death sentence. For that reason, I joined his attorneys in asking for the DNA retest.[. . .] I fought hard to convict Williams. And I feel certain to this day that he was guilty of participating in the robbery. But whether Williams should be executed this week depends on his role in the killing — and I simply cannot say with absolute certainty that he shot anyone. That question cannot be answered for sure without a new look at the blood evidence.
[. . .] For 13 years I served as a prosecutor, and I was not bashful then in seeking the death penalty. When criminals are guilty, they deserve to be punished.
But I have also learned since leaving the prosecutor's office 13 years ago that "the system" makes mistakes.
Last year I learned that a man named Larry Mayes, whom I had prosecuted and convicted, had served more than 20 years for a rape he did not commit. How do we know? DNA testing.
Stories like that last anecdote aren't exactly rare these days. Some of them might not even be considered newsworthy at this point.
Meaning it's more or less accepted that our criminal justice system could make a "mistake" and cause a man to serve "more than 20 years for a rape he did not commit."
I don't think I'm as horrified by this as I should be.
Or by this, the last paragraph of the piece:
There are reports that Washington will be using DNA tests on two corpses in Iraq to verify that they are the sons of Saddam Hussein. We need to make sure we've killed the right people. It's a good idea, and one that should be extended to the citizens of this country — before the killing takes place.
He seems to be suggesting that it's acceptable to kill people in Iraq and then "make sure we've killed the right people." But that we should be more careful here at home.
I'm not sure that's the right lesson to take from any of this.
There's more details at SouthBendTribune.com: Williams' execution stayed. This story has a few quotes from "Williams' lead attorney, Juliet Yackel." I'd say something about how other articles I've read only named Barry Scheck, or how some writers felt compelled to mention the O.J. Simpson case along with him, but that's just my tendency to focus on the negative.
Darnell Williams was scheduled to die on Friday.
He won't.
And testing will be done to determine if he should have been sentenced to be executed in the first place.
That shows the system works, right?
Posted by Aaron at July 29, 2003 11:57 AM
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Comments
There are reports that Washington will be using DNA tests on two corpses in Iraq to verify that they are the sons of Saddam Hussein. We need to make sure we've killed the right people. It's a good idea, and one that should be extended to the citizens of this country — before the killing takes place.
I'm just really lost right now.
Fuckin' A, dude.
Posted by: Jason at July 29, 2003 12:12 PM
It's just so much harder to get 'em to give DNA samples if they're still moving around, you know?
Posted by: hanne at July 29, 2003 12:44 PM
I am totally opposed to the death penalty in any cirmcumstances; it doesn't deter crime; it's more expensive for the state (due to extended appeals); the penalty is not administered in an equitable manner; and worst, we might kill an innocent person.
Having said that, I think that death penalty advocates and district attorneys who seek the ultimate punishment ought to be the first ones to demand positive DNA identification. If they are going to ask juries to convict, and the judge to hand down a death sentence, then they bolster their own case and their credibility by asking for DNA testing.
Posted by: peter jung at July 30, 2003 03:55 PM
"Many that live deserve death. And some that die deserve life.
Can you give it to them?
Then do not be too eager to deal out death in judgement."
And that's a wizard talkin' there, so you better listen close.
Seriously, the DA's of the country need to get back to the simple concept of service to the truth instead of record percentages of convictions. I know it doesn't fit on a 3X5 election postcard that you sought for the truth so maybe we should move to appoint DA's instead.
Posted by: catalexis at July 31, 2003 01:17 PM
Call me crazy, but they wouldn't need to test those two corpses in Iraq if they had allowed the Husseins -- ESPECIALLY WITH A 14 YEAR OLD BOY INSIDE -- expend all of their ammo. Given this war by the Asshole-in-Chief, I shouldn't really expect otherwise.
Posted by: ronn at August 2, 2003 09:05 PM
Exactly. Dead or alive, my ass. They wanted 'em dead or dead. Murderous, terrorist bastards. And yes, I'm talking about the Shrub and his henchpersons.
Posted by: Natalie Davis at August 12, 2003 01:23 AM
nice of them to let the undertaker have a go at them with his makeup bag though, wasn't it?
i thought i was having a nightmare about watching jack nicholson in 'batman' while drunk.
i think the link at my website to the pictures of the bodies without makeup still works...
http://surreally.net/fullbleed/exliontamer/archives/001711.html#001711
Posted by: r@d@r at August 12, 2003 07:57 PM
PS--don't think i'm being ghoulish. i just think we all need to look at these photos and internalize just what our foreign policy is up to. sorry if i ruined your breakfast/ lunch/ dinner.....
Posted by: r@d@r at August 12, 2003 07:58 PM