News

The long wait

Process can leave inmates on death row for decades

Courtesy of Department of Corrections
Alabama’s lethal injection chamber is shown at Holman Correctional Facility in Atmore.

By Tom Smith & Bernie Delinski
Of the TimesDaily

Published: Sunday, October 7, 2007 at 3:30 a.m.
Last Modified: Saturday, October 6, 2007 at 11:42 p.m.

When Tommy Arthur's life was spared Sept. 27, seven hours before he was scheduled to die by lethal injection, he returned to a death row cell block in Holman Prison that houses eight other local inmates awaiting their fate.

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Because of an automatic, lengthy appeals process for convictions that carry the death penalty, Arthur has survived on death row for 24 years.

His time there is not the longest. Thomas Warren Whisenhant, of Mobile, has been on death row for 28 years.

In Alabama, there are 199 inmates on death row. All of them are entitled to an appeals process that began when they were sentenced to die, and can take decades to run its course.

"Some people have been on death row so long that they have died from natural causes or just old age," said Bryan Evans, of Amnesty International, a human rights watchdog and advocacy organization.

Officials say they want to make sure they have taken all measures necessary before executing an inmate.

"When dealing with the ultimate penalty, having so many checks and balances is a way to make sure the individual is guilty," said Franklin County District Attorney Joey Rushing.

The time it takes for those checks and balances, however, can be frustrating, he said.

"It is sort of frustrating when (the defendant) gets to appeal through the long process," Rushing said. "It looks like some of the appeals could be streamlined to shorten that process."

Evans said the appeals process for death penalty cases is long in every state.

"There are time frames and time limits for different steps in the appeals process, but appeals can go back and forth from courts to courts a number of times," Evans said. "It's not a question of speed, it's a question of being fair and accurate."

The appeals process includes these steps:

  • Direct appeal. This first appeal is heard by the Alabama Court of Criminal Appeals. The attorney files all the evidence presented at the trial with the argument that an error occurred during trial and that the death sentence should be reversed.

    If the court upholds the sentence, attorneys can file a petition with the Alabama Supreme Court to hear the case, but that court has the option to hear the case or reject it.

    If the Alabama Supreme Court chooses not to hear the case or hears the case and upholds the sentence, the attorney can petition the U.S. Supreme Court. It, too, has

  • Rule 32. In addition to the direct appeal, a person receiving the death penalty is entitled to an appeal under Rule 32 of the Alabama Rules of Criminal Procedure. This means the defendant raises claims that can include such things as the trial court didn't have jurisdiction, the death sentence is unconstitutional, there is newly discovered evidence or that the defendant had an ineffective attorney at the original trial.

  • Federal appeal. The defendant can appeal his case in federal courts beginning with the U.S. District Court. If that court upholds the death sentence, the appeal moves to the U.S. Court of Appeals for the 11th Circuit. If this court upholds the district court's decision, the U.S. Supreme Court can again be petitioned to review the case.

    Lauderdale County District Attorney Chris Connolly said the appeals process can be trying for the victim's family.

    "It seems no one cares about someone sitting in prison on a life-without-parole sentence," Connolly said. "But with a death penalty case, they get all of those appeals. It's automatic."

    Any case that carries the potential of a death sentence goes through a lengthy process even before the original trial.

    Lauderdale County Circuit Court Judge Mike Jones has files containing 60 motions in a pending capital murder case.

    "You don't want it any other way, because a man's life is at stake," Jones said. "The kind of issues that come up in a capital case are more complex, just because of the nature of the crime. In a capital case, 60 motions are not unusual."

    The jury in a capital murder case will determine whether to recommend the death penalty. The ultimate decision, however, lies with the trial judge.

    If the judge decides on a death sentence, the appeals begin.

    "One of the reasons it takes so long to work its way through appellate procedures is it's a different animal than just the original trial," Jones said.

    Florence defense attorney Gary Wilkinson said the reason for the long pretrial, trial and appeals processes is because so much is at stake.

    "It's one thing to deal with people's money," he said. "It's another thing to deal with someone's liberty and life."

    Wilkinson said the process also can put a strain on a defense attorney's regular practice, because he has to dedicate so much time to it. "It can be every day, especially as you come down to trial time."

    Tuscumbia defense attorney Steve Aldridge has been involved with four capital cases since January.

    Attorneys appointed to the cases are paid $60 an hour for work done in court, and $40 an hour for work outside of court, Aldridge said.

    An attorney could make more per hour on other civil or criminal cases, but they have to dedicate so much time to a capital case that they sometimes have to turn down other cases.

    Aldridge said he has heard that some attorneys spend about 300 hours preparing for a capital murder case. He said it takes a physical and emotional toll on everyone from both sides, as well as on court officials and jurors.

    "You're talking about appeals that will start out at the state appellate level, and will then go into the federal system, possibly all the way to the U.S. Supreme Court, and as new issues develop, they can start all over again," he said. "The areas for appeal are basically limited to the imagination of the attorney."

    Aldridge said the death penalty should be imposed in a "quick, cost-effective basis."

    "Delaying it for 20 years is just a huge waste of the taxpayers' money and it doesn't deter anyone else from committing the crime when they see people sitting on death row for 20 to 25 years," he said.

    Bernie Delinski can be reached at 740-5739 or bernie.delinski@timesdaily.com.

    Tom Smith can be reached at 740-5757 or tom.smith@timesdaily.com.


    • Comments

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    1. bullit says...
      October 7, 2007 2:02:16 pm

      RE: http://timesdaily.com/apps/pbcs.dll/article?AID=/20071007/NEWS/710070375/1011
      This man never should have gotten a stay execution for 45 days. He should have been put to death. Now he should be put to death on day 46.I personally think no death row inmate should be allowed to sit on death row for so many years. There should be a time limit placed on all appeals and after the time limit is up the Death Penalty should be administered IMMEDIATELY.
      Do you think the vicitms like wondering every day when they will get the justice they deserve by watching the criminal who destroyed their lives be put to death? The vicitm didn't make a concious choice to leave this earth but the murderer made the decision to end someone's life by murdering them. Even the mentally handicaped know right from wrong. There is no excuse for murder.
      Enough of this Cruel and Unusual Punishment, let them choose how they want to die. Electric Chair, Gas, Needle, Firing Squad, Hanging. Just administer the Sentence Handed down by a Judge and Jury and get it over with and let the vicitms begin to try to heal in some way.

      Report this comment

    2. Kindred says...
      October 7, 2007 4:31:12 pm

      You are preaching to the choir here. I am a supporter of the death penalty. Or some reasonable way of making people pay for particular heinous crimes.

      But why don't FOR ONCE, Alabama do the RIGHT thing here and test the dang man's DNA. As a State, we have nothing to hide, right??? And it would take the rest of his arguments and put them to rest.

      I have read up some on the death penalty, and all states (except for Texas and Florida) they keep people on death row for decades costing the taxpayers MILLIONS in defense fees and upkeep. LIFE IN PRISON WITHOUT PAROLE would be cheaper by leaps and bounds.

      After reading the percentage of people put on death row that got overturned, (THEN PERSON PAROLED after x amount of time) it made me wonder why we do it, then it dawned on me how rich some people were getting by keeping on a persons case 24/7 for 25-30 years.

      The death penalty is a joke. Life in Prison (TRUE LIFE, WITHOUT PAROLE) makes it over and done with but the death penalty calls for many many many many legal battles.

      I personally think that it is in NO way a deterrant because the people are not scared of it anymore, it is only a "THREAT" that is used these days.

      It irks me to even think that the guys who killed Joey Pugh and his father on that fateful fishing trip NOW becomes elgible for parole ever 2 years. NEVER ENDING fight for the families for justice, never ending.

      The BIGGEST form of justice in our Country would be to make it LEGAL for the Court System to 'sentence' a murderer to the victims family (behind closed doors) for a couple of hours and whatever happens, happens.

      Report this comment

    3. Kindred says...
      October 7, 2007 4:32:29 pm

      Do you REALLY believe that coincidentlly, Riley just happened to pick THAT day to re-vamp the drugs used in lethal injection???

      Report this comment

    4. zippadeedoodah says...
      October 7, 2007 9:40:12 pm

      When they tell you that capital punishment is not a deterrent, this is likely the reason. One of the more admirable things about islamic law is that a death sentence is carried out after one day permitted to the convicted person to pray and repent; and it is done publicly. The convicted murderer Tookie Williams spent 20 years on death row with people coming to his aid at the end because he wrote children's books. The convicted murderer of a Philadelphia police officer, Mumia, is being hailed around the world as a political prisoner. These people need to be convicted and taken out and immediately executed. Who knows; maybe that will improve the deterrent effect. There is no real downside.

      Report this comment

    5. Taciturn says...
      October 8, 2007 1:25:48 am

      Too bad the US don't take up that law.

      Report this comment

    6. logical says...
      October 8, 2007 11:43:25 pm

      Would you feel the same way even if it was you, falsely accused?

      No justice system is perfect and there will always be innocent people wrongly convicted. All that can be done is to try and minimize the chance.

      If you support the death penalty you must be willing to accept that fact. You should also accept the possibility that the innocent person could be you or someone you care about.

      Report this comment

    7. FirenzeVeritas says...
      October 9, 2007 12:51:16 am

      I agree that no innocent person should be falsly incarcerated. (Tommy Arthur being SO innocent.) Still, until this week I thought all guilty first-degree murder cases were automatically appealed, not just those involving the death penalty. So, if an innocent person is given life without, there is no automatic appeal... Doesn't seem quite fair.

      Appeals do last too long, but they will continue to do so until we revamp the judicial system.

      Report this comment

    8. Taciturn says...
      October 9, 2007 6:58:11 am

      Well...a couple of days may be too short but 25 years?

      Report this comment

    9. Kindred says...
      October 13, 2007 9:42:04 am

      25 years is a slap in the face of ALL of Wicker's family and to the people who sincerely CARE about justice.

      Report this comment

    10. thehippiegirl is gone. says...
      October 13, 2007 12:28:06 pm

      i agree with you, kindred..tommy arthur stated that he ASKED for the death penalty, because he knew it would give him the most appeals..and he has only now, 25 years later, run out of time for a 4th (!) trial..

      Report this comment

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