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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
INDIANA ABOLITIONIST Quarterly Newsletter of the Indiana Information Center on the Abolition of Capital Punishment RIP: MICHAEL LAMBERT AND DAVID WOODS On May 4, 2007, the state of Indiana killed David Woods for the 1984 murder of Juan Placencia during a robbery. 6 weeks later, on June 15, 2007, the state killed Michael Lambert for the 1990 murder of Muncie police officer Gregg Winters. As the articles in this issue indicate, both men had a profound and positive influence on others. Their executions demonstrate the senselessness of killing as a means of seeking justice and clearly show the real reason for continuing this barbaric practice: revenge. Woods’ execution was the first since the Indiana legislature gave the immediate family of the victim the right to witness the execution. At least 3 of Juan Placencia’s sons watched as the state poisoned David Woods. The media swarmed the 3 men as they left the Prison and one of them told the press that Woods had died peacefully. That was not true: Woods’ witnesses described a painful and botched execution. Woods’ witnesses said when they first saw him in the execution chamber, he was already strapped down to a gurney and hooked up to IVs. He looked at his witnesses and grinned broadly at them. Then the Prison Superintendent, who was presiding over the execution, said, “Proceed.” Witnesses could see the IV lines moving. After a few moments the IVs stopped moving and the Superintendent put smelling salts under Woods’ nose. When Woods did not appear to respond, the Superintendent again said, “Proceed,” and the IV began moving again. A moment later, Woods made a “horrible” gagging sound and his body arched upward until his back was off the gurney and he was straining against the straps. Woods veins stood out until they looked like they would pop and he appeared to vomit. His body fell back on the gurney and his face turned purple and then white. At this point the blinds were closed but witnesses could still see between the slats. The Superintendent checked Woods’ heart and said, “He’s gone.” Lambert’s execution was relatively uneventful. Earlier in the evening, a number of police cars from Muncie and other departments arrived at the Prison with their emergency lights flashing and their sirens screaming. Their manner of arrival may have been intended as a show of support for Winters’ family, but at least one abolitionist present believed it was also meant to be intimidating. However, their arrival was the only disturbance. For the rest of the evening, the 50 to 75 police officers and their supporters held quiet vigil at one end of the parking lot next to the Prison while abolitionists held their vigil at the other end of the lot. The quiet was probably due to several factors. Gregg Winters’ brother is a Muncie police officer and had made it known that he did not want any outbursts from the police. Also, Marti Pizzini, Education Coordinator for the Dunelands Coalition to Abolish the Death Penalty, had contacted Winters’ widow, Molly. Marti told her that abolitionists supported the police, too, and that the abolition vigil was to protest the execution, which would not make any one, including police officers, any safer. Marti also made and distributed blue ribbons to those participating in the abolition vigil. Blue is the color the police adopted as their symbol--the police present at Lambert’s execution held blue lights. One of the police supporters came down to the abolitionist end of the parking lot and talked with Marti for 1/2 an hour. He said that Molly Winters passed Marti’s message on to the police. He did not support the death penalty, even though his brother was a police officer murdered in the line of duty. He said that, as a fellow survivor, he was there to support the Winters family. DAVID WOODS’ LAST STATEMENT The following is David Woods’ last statement, which was released through his attorney Bill Van Der Pol, who read the statement outside the Indiana State Prison following Woods’ May 5th execution. The dictionary defines mercy as kind or compassionate treatment of an offender. Furthermore, it denotes compassion where some form of punishment is expected or deserved. The gift of mercy is truly a gift from God, and when we show kindness and mercy toward someone we are reflecting God’s love. The Holy Spirit is always present whenever the grace of mercy is extended to another, and those that receive compassion cannot help but to feel the love of God. Jesus said, “Blessed are the merciful, for they will obtain mercy.” ( Matthew 5:7) Being merciful is not always easy, especially if we have personally been offended in some way; however, remember that we are always in need of God’s grace. When we reflect on the grace of mercy, we usually think only about the act of forgiveness; however, supporting others and being charitable to those in need are also expressions of mercy. Being thankful for the many blessings which God has given to us, and then being able to share these with the less fortunate is the noblest form of compassion; but more importantly it is doing his will and sharing his love. “Surely goodness and mercy shall follow me all the days of my life and I will dwell in the house of the Lord forever.” New K.J.V. Psalm 23:6 It is my wish that the joy of peace through forgiveness is shared to those who are living in the past. Jesus Christ is the one. Let’s all come together and help one another. With peace and love, David
EXTRAORDINARY DEATH ROW SUPPORT FOR DAVID WOODS The following letter supporting clemency for David Woods was sent to the Indiana Parole Board. It was signed by all of the other men on Indiana’s death row. Such support from fellow death row prisoners is unprecedented--abolitionists and capital attorneys are not aware of any other instance of a death row prisoner receiving such unanimous support from his fellow prisoners. April 5, 2007 Dear Parole Board Members: This letter is in support of clemency for our friend and brother David (Dave) L. Woods, who has been a part of the Indiana State Prison Death Row Unit for twenty-two years now. Dave's presence on the Death Row Unit has had a stabilizing effect on us all because of his peaceful and accommodating nature. Dave has never refused to assist any of us in a time of distress or need, and has gone out of his way to be a friend to all. Dave has been a Range Porter several times over the years, a job that requires patience, kindness, and an attitude of caring for others. This is a position of trust amongst staff and prisoners alike. Dave is a man whose conduct conforms to a high standard of propriety and correct behavior. Dave has never, in his 22 years on the Death Row Unit, demonstrated any violent side to his decent character. We, the men that have been touched by Dave's friendship on a daily basis during these past 22 years, beseech and implore you to set a precedent in logic and mercy based on the objectives of the Indiana Department of Corrections, and spare Dave this sentence of death by execution, which diminishes us all. A Remembrance and Message from David Woods by Debby Peddie, IICACP board member After sharing the day, his last, with her brother David Woods, Lora Litzenberg, at David’s request, left the prison to be at home at the time of his execution. As she was returning home, we abolitionists were standing vigil at the governor’s mansion in protest. I responded to her message on the IICACP voice mail, and with her permission, share with you that conversation. David was with several of his attorneys, family members and his pastor and dear friend, Rev. Wanda Callahan. They were there to support and minister to David, but Lora said David ministered to them and blew them a way with two gifts of his own. Throughout the day, seven calls were received from the courts where appeals had been made on David’s behalf. Seven times an attorney was called away to answer the call, and seven times an attorney returned to say the appeal had been denied. Each time, David looked at everyone, smiled, and said, “I didn’t expect anything less.” Sometime after the last call, David said, “I’m going home.” They all held hands and David prayed, beautifully and movingly. Then David sang, a cappella, ‘Oh What A Day It Will Be.’ With all the talk of moratorium, David thought we had turned the corner on the death penalty. It turned out not to be so in time for him, but maybe the reaction and protest to killing him will help turn that corner. He said he would like to think that in that way he is making a contribution to humanity, that we will realize we have killed a reformed man, not the young kid who killed Juan Placencia. David said he was ready if this, his execution, must be, but he was a reformed man and as such bore testimony to the redemptive power of grace. He forgave those who hurt him, and he forgave himself. He wanted his mercy and forgiveness to spread like a plague so we can eliminate the death penalty. And Lora passed on to IICACP David’s thanks for what we are doing. Remembering Michael Lambert by Jan Pilarski, IICACP member The execution of Mike Lambert is a huge loss for my entire family. We got to know Mike originally through an errand I was asked to do. The chaplain to death row asked me to send Mike's son a copy of the first Harry Potter book as a Christmas present from Mike. Letters between our family and Mike soon followed, and we sent Mike his own copy of "Harry Potter" to read. My boys were delighted to find someone who enjoyed Harry Potter as much as they did. Over time I began visiting Mike, once every two weeks, and in the course of seven years of visits he became a cherished brother, an uncle to my four children. Family meant the world to Mike. Given the constraints of prison, he was an amazing father to his 17-year old son, whom he saw on a regular basis. Mike was always eager to hear news about my kids and to learn what was going on with each of them. At times he offered advice about a parenting dilemma we were having, and his sense of things was always right on the mark. Mike was a self-taught artist, and he always remembered special occasions in our family with paintings and cards for events such as birthdays, anniversaries, a return from summer camp. Mike always took great care to match his artwork to current interests of the kids, and his drawings and paintings showed a keen admiration of nature, with lovely flowers, butterflies, ocean scenes, and animals abounding. Mike was also deeply curious about the world around him. He was a voracious reader, and over the course of our visits he read works as diverse as "The Illiad" and "The Odyssey," "Crime and Punishment" by Dostoevsky, the entire "Harry Potter" series, and "The Grapes of Wrath." He was interested in how things worked, so he delved a lot into physics and botany. Politics was another interest of his, and each month he read faithfully from "Mother Jones" magazine to keep abreast of political news. Spirituality and finding ways to express his faith were other very important parts of Mike's life. Mike read widely among the sacred texts of many religions, but he felt most drawn to Buddhism. He particularly loved the writings of Thich Nhat Hanh, who writes powerfully of the preciousness of each moment and finding God's presence in the ordinary things of life. Mike awoke each morning and practiced yoga. He had recently completed the rite of initiation to become a practitioner of Buddhism. Mike's spirituality led him to be a compassionate presence among his brothers on death row, especially in terms of the great care and concern he had for Mr. Moore, the eldest of those on the row. In his final days Mike was very much at peace. Although the senselessness of his death still grips me, I am moving towards finding that place of peace within me. Living so that the ordinary things of each day are filled with beauty and purpose is perhaps the best way to honor Mike's memory, who taught us what a gift life truly is. MIKE’S REFLECTION by Michael Lambert (editor’s note: Michael Lambert sent the following to his friend, Jan Pilarski. It’s an appropriate accompaniment to Jan’s remembrance of Michael) As you can probably guess, I've given a lot of thought to the whole process of life and death over the years. Just over the past few days I've been watching a sparrow build a nest in the window in front of my cell. It's an open window so I can hear her chirping and fluttering around as she works. I was thinking about how I'll be woke up every morning when her eggs hatch and the babies start calling for food around four o'clock each morning. But the whole idea of these babies starting life here, where I've watched men being led to their death, is just odd to consider. The difference between birds and humans is vast, but the reality of life and death is no different. Life is short and precious for us all. None of us have control over the process. All we can really do is try to find a piece of happiness along the way and cherish it. Like hearing our kids talk for the first time; seeing the expressions on their face when they learn something new, just being with loved ones and sharing in that comfort. There's countless things that bring us happiness for a few moments. But the moments are fleeting so we rely on our memories to preserve them. When we lose someone so important we still have that piece of happiness we shared with them. The loss is tremendous, we'll always feel a void, but nothing can wipe away all the wonderful memories of how our lives were better because of them -- and their lives because of us. That's how we deal with the sadness and learn that life is truly remarkable. Something to be appreciated, shared, and enjoyed. It's never easy, but always worth the effort. WHY VIGILS MATTER by Marti Pizzini, Education Coordinator, Dunelands Coalition to Abolish the Death Penalty Marti submitted the article below with the following note: Rick Richards, city editor of the Michigan City News Dispatch, was a convert to the abolitionist position during his study preparing him to become a Roman Catholic, several years ago. He has been a steady supporter of the abolitionist cause in our local paper. And he and his young daughter, maybe seven or eight years old, often come out to our vigils. His op ed piece decried the sameness of the vigil activities and our lack of emotion. He expressed that we needed to do something different as what we were doing was not being effective. This was in the context of the last two executions. There was very little media coverage when poor quiet David Leon Woods was killed. And the death penalty supporters were the "stars of the show" when Michael Lambert was killed. So this is my response to a very nice man who supports our cause. Dear Rick: Your op ed article on June 22nd stated that death penalty opponents are swimming against the tide--and that the execution eve protests are an ineffective way of trying to change the system. In fact, the tide has turned and death penalty rulings in Indiana and the U.S. are a third of what they were fifteen years ago. In the last five years in Indiana, prosecutors only filed an average of five death penalty cases a year and juries only imposed an average of 1.4 death penalty cases a year. No one in the death penalty abolition movement believes that execution eve vigils are the key to changing state law. That work is done in Indianapolis, with our sister group, the Indiana Information Center Against Capital Punishment, taking the lead. The late Senator Anita Bowser was an effective abolition advocate, patiently crafting the bill and building the necessary support to pass legislation against executing juveniles. In her honor, the legislature has established the Bowser Commission to examine the issue of execution of the mentally ill. So progress is being made. And yes, executions - as well as the activities outside the prison walls - have a bizarre routine quality to them. The professionals inside the prison have become expert at helping prisoners reach a state of mind that allows them to walk quietly through the last days of their life, observing established rituals - last meal, family visits, spiritual advisors, tranquilizers, if they want. And the condemned man "cooperates" by climbing on the gurney and lying quietly while medical amateurs fish around for a vein and administer lethal chemicals. The events are like a demented hospice, in which the vigil is, indeed, a long-playing scene. Media attention to executions varies with the personality of the condemned and the circumstances of the original crime. I don't think their presence or absence at a vigil relates to the expected entertainment value of the vigil. The message of the vigils remain the same because the truth remains the same: the death penalty is not an effective deterrent to murder: the murder rate in non-death penalty states is lower, at 3.4 murders per 100,000 citizens than in death penalty states, where the rate is 5.5 murders per 100,000. The same holds true in the international community. Death penalty opponents share the view that good behavior cannot be forced onto citizens by making punishments increasingly more harsh and cruel. Studies by the Justice Department and others show that police measures can do very little to stop crime. Helping people works. Nurse visits to the homes of young mothers, help for children having difficulty in school, support for families, and full employment all help stop crime. As Galiean said, a couple thousand years ago, "Overcome evil with good." So the use of the death penalty in Indiana, the U.S. and the rest of the world is on the decline. Whether this is due to the activities of death penalty opponents or just a general recognition that it is a useless and expensive exercise, who can tell? But if the state of Indiana chooses to kill once again, we will be outside the prison walls.... once again. BOWSER COMMISSION MEMBERS NAMED The Indiana Legislative Council recently appointed the members of the Bowser Commission, which is charged with studying the issue of executing the severely mentally ill. The Commission was named after long-time abolitionist and State Senator Anita Bowser. This past legislative session, Senator Bowser introduced a bill to exempt the severely mentally ill from the death penalty. The bill received a committee hearing but was not put to a vote. Senator Bowser died while the legislature was still in session. In honor of her over 25 years of service as a Representative and Senator, the Senate voted unanimously to create the commission. The Commission includes abolitionists such as Representative David Orentlicher, who participated in a panel discussion at IICACP’s annual meeting in November 2006. Also on the commission are several legislators such as Senator Brent Steele who, although not abolitionists, supported Senator Bowser’s bill. The Commission’s make-up is being seen as a good indication that the legislative leadership takes the Commission seriously and will, in turn, take its recommendations seriously. The members of the Commission are: Chairperson Rep. David Orentlicher, Rep. Scott Pelath, Rep. Vernon Smith, Rep. Jonathan Elrod, Rep. Ralph Foley, Rep. Amos Thomas, Sen. Richard Bray, Vice-Chairperson Sen. Brent Steele, Sen. Brent Waltz, Sen. Karen Tallian, Sen. John Broden, Sen. Earline Rogers. The Commission staff includes Mark Goodpaster, Fiscal Analyst and Andrew Hedges, Attorney for the Commission. The Commission’s authority expires November 1, 2007. If any of these legislators represent you, please take a moment to contact them and let them know you support exempting the mentally ill from the death penalty. FOR WHOM THE BELLS TOLL For Whom the Bells Toll is a national campaign to organize local religious groups to toll their bells whenever there is an execution. The tolling of bells has been used for centuries to warn of impending danger, such as an invading army, and to mark momentous occasions, such as the end of World War II. The modern inspiration for the tolling of bells comes from the Philippines, where Catholic Churches toll their bells to mourn executions. Citizens United for the Rehabilitation of Errants (CURE) started the current campaign several years ago. Participating religious groups toll their bells for 2 minutes at 6 pm on the day of an execution. If there is no bell to ring, a group can participate by draping its building’s outside doors in black or tying black ribbons on poles around the building. Participants are also encouraged to conduct a prayer vigil or period of silence for the person being executed, the victim(s), and the families of both. 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.) INDIANA SUPREME COURT UPHOLDS TWO DEATH SENTENCES AND REIMPOSES A THIRD In June, 2007 the Indiana Supreme Court upheld the death sentences of Frederick Michael Baer and Wayne Kubsch. Baer was convicted and sentenced to death in Madison County for the 2004 murders of Cory Clark and her 4-year-old daughter, Jenna. In 2000, Kubsch was convicted and sentenced to death in Mishawaka for the 1998 murders of his wife, Beth, her ex-husband, Rick Milewski, and Beth and Rick’s 10-year-old son, Aaron Milewski. On June 27, 2007, the Indiana Supreme Court reinstated Paul McManus’ death sentence. A post-conviction court had found that McManus was mentally retarded and so could not face the death penalty. The Supreme Court held that McManus was not retarded, reversed the post-conviction court and reimposed the death penalty. McManus is represented by IICACP board member (and former vice-president) Steve Schutte and IICACP member Joanna Green. You can access all of the Indiana Supreme Court’s opinions at http://www.in.gov/judiciary/opinions/supreme.html. US SUPREME COURT RULES IN PANETTI In June, the US Supreme Court issued its much anticipated ruling in Panetti v. Quaterman. By a vote of 5 to 4, the Court ruled that a prisoner must know he is about to be executed and have a rational understanding of why he is being executed. Panetti knew he was about to be executed and that the reason given was for committing murder. However, he is a paranoid schizophrenic and believed the real reason he was being executed was to prevent him from preaching the Gospel. Panetti represented himself at trial dressed in purple cowboy outfit and cross-examined his alter ego. His witness list included Jesus Christ and the Pope. The lower court had held that such delusions did not affect Panetti’s competence because, under the Supreme Court’s previous standard, he was aware of why he was being executed. The Supreme Court held that “even if such awareness exists, gross delusions stemming from a severe mental disorder may put that awareness in a context so far removed from reality that the punishment can serve no proper purpose.” The Court found that the death penalty’s retributive purpose is called into question, “if the prisoner’s only awareness of the link between the crime and the punishment is so distorted by mental illness that his awareness of the crime and punishment has little or no relation to the understanding shared by the community as a whole. A prisoner’s awareness of the State’s rationale for an execution is not the same as a rational understanding of it.” In January 2007, the Indiana Supreme Court stayed Norman Timberlake’s execution when the US Supreme Court announced it would take Panetti’s case. Like Panetti, Timberlake understands that he will be executed and that the reason the State gives for his execution is his murder of a police officer. However, also like Panetti, Timberlake believes the real reason the State wants to kill him is different: to keep him from revealing the secret existence of “the machine,” which Timberlake believes controls everything that happens. In its January stay of Timberlake’s execution, the Indiana Supreme Court indicated it would take up Timberlake’s case again after Panetti was decided. COMING EVENTS Thursday, October 11, 2007: David Kaczynski will speak at a benefit for the Indianapolis chapter of the National Association for the Mentally Ill. The benefit begins at 7 pm at the Blue Herron Ballroom at the Garrison, Ft. Benjamin Harrison, 6002 North Post Road, Indianapolis. Admission is $75. There will be music, hors d’oeuvres and a cash bar. For more information, contact NAMI Indianapolis at PO BOX 40866, Indianapolis, IN 46240 or namiindy@sbcglobal.net. IICACP is co-sponsoring David’s visit and is arranging additional speaking engagements, details of which will be announced when they are confirmed. Saturday, November 10, 2007: IICACP’S Annual Meeting at the Christian Theological Seminary, 1000 W 42nd Street, Indianapolis (just off Michigan Road) will begin at 8:30 with a continental breakfast, followed by a panel discussion, a brief business meeting, then lunch and the keynote speaker. Registration includes breakfast and lunch. The theme for the panel discussion is alternatives to the death penalty/prison life. The business meeting will conclude with the board of directors election. There are a number of positions up for election, including all 4 officer positions--president, vice-president, treasurer and secretary. Election to the board is open to any IICACP member. If you are interested in running, please send an e-mail to info@iicacp.org or write the address on the front of this newsletter. Further details about the annual meeting will be on our website, www.iicacp.org, and in the next issue of this newsletter. FALL SPEAKER SERIES Notre Dame Against State Killing is sponsoring a series of speakers on the Notre Dame Campus in South Bend this fall. Confirmed speakers so far include Richard Dieter (director of the Death Penalty Information Center), Michael Radelet (professor of criminology at the University of Colorado who has published a number of articles on the death penalty), Bruce Dold (editorial page editor of the Chicago Tribune) and Eunice Timmoney-Ravenna (mid-west field organizer for Equal Justice USA). For more information and details on the time and place for speakers, check ND-ASK’s website www.ndask.org.
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