
Thomas Whitaker, an inmate on Texas death row, has filed a class
action lawsuit against Texas Governor Rick Perry, Senator John
Whitmire, and the Texas Department of Criminal Justice for the
inhumane and unconstitutional conditions under which the men on
death row must live.
Allegations include taking away wheelchairs from those who cannot
walk, denying mental and physical health care, being held in
solitary confinement for over ten years without any legal
justification based on their conduct, dangerously unsafe living
conditions, inadequate nutrition, inadequate exercise, denial of
adequate access to telephones, destruction and loss of necessary
legal documents, denial of religious freedom, denial of fair
administrative process, failure to timely deliver mail including
legal correspondence, and other abuses.
In the case of Ruiz v. Estelle, the U.S. District Court for the
Southern District held that conditions for the Texas prison system
were unconstitutional but also held that the inmates of death row
would need to bring a separate lawsuit to address their unique
situation. That is the action now being taken by Whitaker.
(source: Minutes Before Six)
The 9th U.S. Circuit Court of Appeals has again vacated the death
of David Detrich.
David Detrich and Alan Charlton picked up hitchhiker Elizabeth
Souter in November 1989 and bought $75 worth of cocaine, according
to court documents.
Charlton entered a plea agreement and was sentenced to 10 1/2 years
in prison. Detrich was sentenced to death in 1990.
(source: Arizona Daily Star)
Death row inmate Hank Skinner’s decade-long fight for DNA testing,
which he hopes will prove his innocence, will take center stage in
the state’s highest criminal court.
Skinner, now 50, was convicted in 1995 of the strangulation and
beating death of his girlfriend Twila Busby and the stabbing deaths
of her two adult sons on New Year’s Eve 1993.
Lawyers for Skinner will argue to the court that legal impediments
to the testing that previously existed are gone. DNA testing, they
say in court documents, could reveal not only that the death row
inmate is innocent, but it could point to the real perpetrator.
A decision from the Texas Court of Criminal Appeals could take weeks
or months.
(source: Texas Tribune)
Oklahoma, which executes more prisoners per capita than any other
state, said on it has only 1 remaining dose of pentobarbital, a key
drug used to kill condemned prisoners.
One reason the state is running out is because of a ban on the sale
of drugs for such purposes by the European Union, which opposes the
death penalty.
(source: Reuters)
Anthony Bartee, 55, convicted of stabbing his friend in the back
before killing him with a gunshot to the head escaped his execution
for the second time. A civil rights lawsuit was filed by his
Houston-based attorney David Dow against the Bexar County District
Attorney's Office.
The appeals dealt with DNA testing that had not been completed. It
was the same issue that won Bartee his first stay just days before
his original execution date of Feb. 28.
(source: San Antonio express-News)