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The Indiana Information Center on the Abolition of Capital Punishment (IICACP) exists to expose the injustice associated with the application of the death penalty in Indiana. IICACP is open to anyone who is opposed to the death penalty.
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Back Issues
Quarterly Newsletter of the Indiana Information Center on the Abolition of Capital Punishment A Caste System of Victims by Tom Hinesley (Tom Hinesely is an ICACP member and Chief Deputy of the Public Defender of Indiana’s Capital Division) I was recently jolted from an uneventful day by a phone call from a client's mother. She had just learned that the state supreme court had suddenly set an execution date for her son. Her fear, even over the phone, was palpable. She struggled to articulate a question, and was very grateful to be assured this execution date would be stayed by the federal court. This mother's trauma was completely unnecessary. All the lawyers and judges on the case knew that the execution date was not a "real" date. The federal courts - where Indiana's death-sentenced frequently obtain justice denied by the state courts - had not even begun to hear her son's appeal. But this simple order of the court--issued every time our court is finished with a capital case--evidences the callousness and cruelty of the death penalty process. A process that all-too-often unjustly injures the families of condemned prisoners. The only thing accomplished by these sham execution orders is the gratuitous infliction of pain and terror on the condemned and their families. This "collateral damage" occurs inside and outside the courtroom. At one capital trial, the local community's hostility was so pervasive that the judge had to arrange a small space for the defendant's family to sit. Fully one-half of the courtroom seating was reserved specifically for the family and friends of the murder victim. At a federal capital trial (in another state), the prosecuting attorney refused to permit the mothers of the crime victim and the defendant to sit next to one another. Isn’t it inescapable that this was an attempt to prevent the mother of the crime victim from empathizing with anyone connected to the defendant? As a general rule, the more someone understands a defendant or his family, the less inclined he or she is to want to kill that defendant. On the first day of another prisoner's post-conviction hearing, the Attorney General's "victim advocate" introduced herself to a part of the crime victims' family. This "victim advocate" refused to even acknowledge the mother of the prisoner, even though she too had lost her grand-children in the tragic crime. Apparently the prisoner's mother did not qualify as a "victim" because she did not want her son to be executed. After further polarizing the family, the "victim advocate" then disappeared. Michael Lambert was sentenced to death after the crime victim's widow, Molly Winters, offered compelling "victim impact" evidence. Evidence our court later found "not harmless" - but not harmful enough to warrant relief. Michael's son, David, played Little League baseball with Molly Winters' son. Michael's mother, Sue, and Molly hugged and cried with one another at the post-conviction hearing, and at the clemency hearing (right before Michael met with Molly to personally convey his remorse.) The media featured Molly's tragic story repeatedly, even after Michael was executed. Like Molly, Sue and David are indisputably victims. Unlike Molly, Sue and David receive no empathy. Apparently the Lambert family, like the families of all condemned prisoners, is supposed to suffer the loss of their loved one in guilty silence. Letters, Human Beings, and the Death Penalty By Glenda Breeden, BCADP and IICACP member In late July this year, Bloomington Coalition to Abolish the Death Penalty (BCADP) sent the following letter to the people on Indiana’s two Death Rows—the state Death Row in Michigan City and the federal Death Row in Terre Haute. Greetings to Each of You, and Condolences for the Recent Deaths of David Woods and Michael Lambert: We are sending this letter to assure you that you are not forgotten. We truly cannot imagine what your day-to-day, year-to-year, life on death row is like. Our summers are filled with work and play, vacations and picnics, family joys and struggles, community and church involvement. We tend and harvest our gardens, pick flowers and share bouquets with friends, care for children and needy family members, and strive to live life to its fullest. We are members of this Coalition because we truly believe that you have worth and dignity as human beings on this good earth. Some of you have corresponded with us, sent us cards, thank-yous, and prayers. We are blessed by your presence in our lives. We continue to try to bring awareness to the people of Indiana about the wrong-headedness of capital punishment. It is not a deterrent, it is not meted out fairly, some innocent people are executed, and, basically, it is immoral. Our big push right now is a moratorium on executions in Indiana. We feel that even if the citizens and legislators are not ready to abolish the death penalty as cruel and unusual punishment, that perhaps they are ready to put the brakes on it till it can be proven to be just, fair, and without flaw, which, in our opinion, is an impossibility. We hold candlelight vigils during the midnight hour at the Bloomington Courthouse Square when one of your peers is killed by the State. Our prayers and thoughts go out to the person being executed, his family and friends, all of you on the row, prison officials and guards, the lawyers, and to the family and friends of the victim(s). We recognize our part in this action because our tax dollars are involved. We sing “Swing Low Sweet Chariot” to close our vigil/witness/protest and go back to our homes humbled by the experience. We promise you that we will continue to work for an end to the death penalty because we believe in the power of love and forgiveness, and we believe that people grow and change. Thank you for helping us learn what it is to be human beings together. Sincerely, BCADP * * * * * * * * * * * * * * * * * A couple of weeks after sending this letter, when I stopped by our PO Box to check the mail there was quite a stack. Two of the letters sent to federal inmates with very foreign looking names had been returned. Apparently those men were permitted only to receive non-legal mail from their immediate family members and a long list of federal law enforcement entities. The first letter I opened was from the Office of the Governor—I’m sure many of you have received similar letters. Governor Daniels appreciates the depth of your conviction on this topic and the sincere principle from which it springs. Like many Americans, the Governor finds the practice of capital punishment a troubling and difficult issue. He swore to uphold the laws of our state. Absent genuine doubt about factual guilt or an abuse of due process, the Governor does not believe he has the right to overturn the workings of those laws. The next letter was from David Hammer, Terre Haute: During parts of my life I was raised on a farm in Southwestern Oklahoma. We always had a big garden and put up fruit by canning or freezing it. I hated it as a kid. I’d rather been swimming or running wild in the fields and woods. Reading your letter brought back lots of memories. We currently have six men (on the row) who have exhausted their appeals but are challenging the issue of lethal injection. I’m afraid that once that litigation is resolved this place will become an assembly line of executions, barring a miracle, it’ s only a matter of time. There was one letter from Michigan City. Eric Wrinkles wrote: We do appreciate your efforts on our behalf, but we are also aware that the end of the death penalty in Indiana is only the end of one sentence of death, the other one being a sentence of Life Without Parole, especially with the almost non-existent medical care in here. The U.S. is the only “civilized” western nation that has the death penalty as well as sentences that run 3-6 times longer than for similar crimes in European countries. We must ask ourselves, “Why is this so?” Is our society so vengeful and hateful that there is never forgiveness or at least a second chance for prisoners? There was a long letter from Chad Fulks (on federal Death Row): You will never know what letters from those on the outside means to those of us on death row who have no family or support. Can you tell me if they (BCADP) ever help any of us on death row who has no other help or family? Or do you know of any other organization that can help me in any way? It’s just so hard to be here on the row and not have any way to keep in touch with family or to even buy hygiene to keep clean. Anyways, I’m really sorry to hear about Mr. Woods and Mr. Lambert. Every execution takes a piece of me. And there was an MVFR (Murder Victims for Reconciliation) newsletter with a testimonial from Tina Walker, Winston-Salem, North Carolina: My father and stepmother were killed by my stepbrother Steve. When Steve was executed, it provided no peace for me; it only brought back a deep sadness that I had to overcome once more. It did not bring back my father and stepmother. It did not provide closure. It only stopped the healing process while opening more emotional wounds. I had forgiven Steve years ago but it took fourteen years for me to make that journey to tell him in person. I felt that Steve’s execution cut short any future opportunities for me to express my love. I sat in the Post Office parking lot with tears running down my cheeks. Phrases jumped around in my head ”Swore to uphold the law.” “Assembly line of executions” “Why is this so?” “Every execution takes a piece of me.” “I had forgiven Steve.” Feelings crowded my heart--anger, sadness, connection. I’m grateful to be one among many here in Indiana, both on the inside and the outside, who truly believe in the power of love and forgiveness. I also believe that, as abolitionists, we must keep our hearts and minds wide open to hear people, real people, sharing their souls even though sometimes it’s hard to hear the fears, the despair, the questions, or the justification offered by the governor’s office. According to the Hopi tradition, our primary responsibility on this earth is to learn what it means to be human beings. Sometimes that’s beautiful work, effortless and satisfying. Sometimes it’s difficult as we struggle with such issues as war, prison, disease, poverty--the list goes on and on. And for us, the death penalty begs for attention. We’ve made a lot of progress in Indiana over the past decade, and we will continue to raise our voices together to demand an end to this cruel, inhumane punishment. And, as Eric Wrinkles wrote from death row, “God bless you all for your compassion! “ THE PRAYER VIGIL NETWORK by Bruce Patton, IICACP member When we moved to Indianapolis in 1985, the city impressed me as “just being an over-grown small town.” I soon learned differently. Indy had a problem of race-relations, leading federal district court Judge Dillon to mandate bussing for racial balance in the public schools, which in turn caused “white flight “ to the townships. And the homicide rate has been high through the years. While concerns over the crime rate have generated a number of special initiatives to control it, the homicide rate continues to be over 100 each year, affirming that the death penalty does not deter killings. States with the death penalty have a higher murder rate than states without it. In 1996, the Church Federation of Greater Indianapolis, a coalition of different denominations, instituted the Prayer Vigil Network to address the needs of the loved ones of homicide victims. Whenever there is a murder in Marion County, the Network arranges a time for the victim’s loved ones to gather and have a special prayer time in support of them and the neighborhood. Most often the vigils occur after the victim’s memorial service. Since 1996, we have held approximately 1,300 vigils. As the inscription in our prayer guide states, “(we) stand in solidarity with our brothers and sisters suffering these losses… Whenever someone is killed, we are all affected.” For the vigil, the victim’s family, friends, neighbors and anyone else who wants to support the victim’s loved ones gather as close as possible to where the victim was found and form a circle around a peace pole. The peace pole holds the names of those we have remembered in past vigils; we have already filled four poles with names and have started a fifth pole. After a brief opening prayer and a reading from scriptures, the victim’s family and friends share memories about the victim. Then, anyone who wishes can offer a personal prayer, after which we join hands and recited the Lord’s Prayer. We then sing “We Shall Live in Peace Someday” and “We Shall Live in Hope today” to the tune of “We Shall Overcome.” At this point, we often anoint the grounds where the homicide occurred by making a cross with a flask of oil, reclaiming the grounds for God’s purposes, and pray that there will not be another killing at this place. To conclude the vigil, we read together from the Sermon on the Mount and bless each other, the neighborhood and the city. The number of people involved in a vigil varies: recently there were 73 participants at one vigil and 20 at another. While it is often hard for those suffering such a loss to go to the place where the murder happened, when they do come they have come away very appreciative of the support given by the vigil. One of the most significant achievements I have observed in a vigil was when both the victim’s family and also the perpetrator’s family were present. They both participated actively in the vigil, and afterward they talked, the mothers embraced and they promised to pray for each other. True reconciliation! The Church Federation does not leave the victim’s loved ones to suffer after the prayer vigil. There is a specially trained group called “Mentors,” some of whom have lost a loved one to violence, who are available to offer one-to-one support to victims’ loved ones. Every six months, a special worship service is held for those families and friends of victims killed during that six-month period. Anyone interested in participating in a vigil may call the Church Federation of Greater Indianapolis at 926-5371 and ask to be notified via e-mail whenever there is a vigil. Victim’s families will appreciate your support. Meaningful vigils depend upon the participation of a goodly number of persons from the community! If you have questions, please feel free to call the Church Federation or Bruce Patton (357-3809). God bless you! CELIA MCWEE TO SPEAK AT ANNUAL MEETING by Julia Pearson, IICACP Treasurer Celia McWee, who will be the keynote speaker at the Annual Meeting on November 10th is an activist who has experienced both a murder and an execution in her family. With one sister and four brothers, Mrs. McWee was the oldest child in her family. Though both parents died when she was fourteen years old, the siblings remained together as a family unit and thrived under the care of her grandmother, aunts, and uncles. Celia married her husband, Royce, when she was 21 years old. Three children followed: Royce, Jr. in 1947, Joyce in 1950, and Jerry in 1952. After 17 years, the family moved to Georgia to be near Royce's mother, who could no longer travel. In Augusta, Georgia, Celia managed a jewelry store. During that time, the children grew, graduated from high school, married, and started families of their own. Celia and Royce's ideal life was shattered on New Year's Day, 1980. A phone call from Sarasota, Florida, informed them that their daughter had died the day before, a victim of domestic violence. Joyce was survived by two little girls. After burying their only daughter, the McWee's were denied contact with their granddaughters by Joyce's husband, Eugene, who did not serve time for the murder of his wife. The next wound in the family occurred on July 13,1991 when the youngest son, Jerry, was arrested and charged with the murder of a convenience store clerk. Royce Sr. was diagnosed with cancer in December, 1993, so Celia retired after 33 1/2 years with the jewelry store. Jerry was held in the county jail until his trial in January, 1994. He was sentenced to death on a Sunday, January 24, 1994. Celia remembers that the court house was right next door to a big Catholic Church. Royce Sr., died on April 26, 1994, three months after Jerry was sentenced. Mrs. McWee's life then centered around her visits to the South Carolina death row to visit Jerry, and befriending and comforting the families of the other death row inmates. On April 16, 2004, Mrs. McWee witnessed Jerry's execution by lethal injection in Columbia, South Carolina. "I couldn't let him die in a room full of strangers," she says. Mrs. McWee expresses gratitude for the company she worked for 33 1/2 years and their support during Joyce's death and years later when Jerry died. She is a member of Murder Victims Families for Reconciliation, a group that opposes the death penalty. She is active and travels with Journey of Hope . . . From Violence to Healing, an organization of murdered victims' family members joined with the families of the executed and the exonerated. Concerned for the indigent men on South Carolina's death row, Mrs. McWee still organizes holiday packages and cards, and birthday remembrances. She intended to continue her visits with death row inmates after Jerry's execution but gave this up as too painful. Today, Mrs. McWee is loving to and loved by her eight grandchildren and many great-grandchildren. Another great-grandchild is expected at the time of this publication. DEATH PENALTY NEWS (Most of the following information is from Paula Sites’ columns published in the Indiana Defender, monthly publication of the Indiana Public Defender Council, which Paula is Assistant Executive Director of. Paula generously allows us to use her “Capital Corner” column as a source for the Indiana Abolitionist.) US SUPREME COURT WILL HEAR LETHAL INJECTION CHALLENGE In the first day of its new term, the US Supreme Court announced that it would accept two Kentucky cases, which squarely raise the question of the constitutionality of lethal injection as a means of execution. The last time the Court ruled on a method of execution was in the 1890’s when it found hanging constitutional. A decision in Rees v. Baze is expected by next summer. Just several days before it announced its acceptance of Baze, the Court refused to hear an identical appeal from a Texas prisoner on hyper-technical grounds. Michael Richards’ attorneys could not file his appeal with the Texas Court of Criminal Appeals in time because his attorneys’ computers crashed. Even though the attorneys told the Texas court that they would be filing an appeal, the court refused to stay open past 5 pm to allow them to do so. “Michael Richard got executed because the Court of Criminal Appeals couldn't be bothered to stay open 20 minutes late," one of Mr. Richard’s attorney said In the meantime, the Court’s acceptance of Baze has started a piecemeal national moratorium with some executions stayed because of it and others proceeding. In Arkansas, the federal 8th Circuit Court of Appeals stayed an execution based on Baze, as have the Texas Court of Criminal Appeals and the Arizona Supreme Court. And the Supreme Court itself stayed a Texas execution. But the Mississippi Supreme Court rejected a request for a stay based on Baze and set an October 30 execution day for Earl Wesley Berry. There are currently no pending executions in Indiana. A hearing on Norman Timberlake’s challenge to Indiana’s use of lethal injection is scheduled to begin in April, 2008, in federal district court in Indianapolis. The district court stayed Timberlake’s January 2007 execution but refused to stay the executions of David Woods or Michael Lambert, despite the court having previously allowed Woods and Lambert to join Timberlake’s lawsuit. The State killed David Woods on May 4th and killed Michael Lambert 6 weeks later, on June 15, 2007. BOWSER COMMISSION NEARS END OF ITS TERM The legislative Commission, named after Michigan City state Senator (and life-long abolitionist) Anita Bowser, created to study the issue of mental illness in the context of the death penalty is nearing the end of its deliberations. The Commission has heard testimony at 2 public hearings and will hold its 3rd and final hearing Tuesday, October 15, 2007. The Commission’s mandate expires November 1st. The Commission is expected to issue a report but it’s not clear if it will recommend legislative action or sponsor a bill. DAVID KACZYNSKI RETURNS On October 10th and 11th, David Kaczynski, executive director of New Yorkers Against the Death Penalty and brother of convicted Unabomber Ted Kaczynski, spoke in numerous venues around Indiana. David addressed classes studying the death penalty at IU Bloomington and Indiana State in Terre Haute, did several radio shows, was interviewed by Indy’s Channel 6 news and spoke at the Monroe County Library. That was the 10th. On the 11th, David spoke at a fundraiser for the Indianapolis chapter of the National Alliance for the Mentally Ill, where IICACP sponsored a table. This was at least the 4th time David has been in Indiana in the past 2 years. His personal story of struggling with the terrible decision of whether or not to turn his own brother in to the FBI is always very moving. A YEAR WITHOUT THE DEATH PENALTY August marked one year without a prosecutor asking for the death penalty anywhere in Indiana. Unfortunately, several days after the one-year anniversary, the Miami County prosecutor re-filed a death penalty request against Scott Nicholson for the 2003 murder of a fellow inmate at the Miami Correctional Facility. OTHER INDIANA CASES In September, in exchange for the Allen County prosecutor dismissing her death penalty request Simon Rios pled guilty to the 2005 murder of his wife and their 3 children, aged 10, 4 and 20 months. Rios was also charged in Delaware County with the rape and murder of a 10-year-old girl. IICACP ANNUAL MEETING Come join abolitionists from around Indiana for stimulating conversation, good food and to learn more about the death penalty. Registration is FREE with a new IICACP membership. Registration also includes breakfast and lunch. Such a deal--membership plus a free lunch! There will be registration at the door but, to help us with planning, we ask that you please register in advance. Please fill out the form below. See you there! 8:30 registration and continental breakfast (included in registration) 9:00 panel discussion on prison life and alternatives to the death penalty 10:30 business meeting and election In addition, the Death Row Art Show featuring paintings, drawings, carvings, origami, prose and poetry from the Indiana Death Row in Michigan City and the federal Death Row in Terre Haute will be on display at CTS throughout the week before and the week after the Annual Meeting.
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