Legal organizations have ‘no confidence’ as executions begin again in Alabama
Legal organizations around the state are condemning Alabama Gov. Kay Ivey and the Alabama Department of Corrections for ending its internal review of the state’s execution process and allowing future executions to proceed.
“Without identifying the things that caused the botched executions, there can be no confidence in the state’s ability to carry out executions humanely,“ said Randy Susskind, Deputy Director of the Equal Justice Initiative, told AL.com.
He said the Department of Corrections sent a letter that “did not identify any specific problems that caused the multiple botched executions or how those problems are being addressed.”
The ACLU of Alabama released a statement saying they expected that Alabama would first conduct an outside review of its troubled execution process.
“When the Governor announced a moratorium on executions last year,” reads the statement from ACLU executive director, JaTaune Bosby Gilchrist, ”we believed her when she said that the state would conduct a thorough investigation of the… execution protocols before resuming.”
“Unfortunately, the Governor refused to follow the lead of her Republican colleagues in other states and order an independent review. Throughout this process, we have argued that it is unreasonable to believe that the agency responsible for botching multiple executions can thoroughly investigate itself and suggest remedies to correct its own behavior.”
On Friday, Alabama Department of Corrections Commissioner John Hamm wrote in a letter to Ivey announcing that the agency’s internal review was complete.
“After discussing the matter with my staff,” wrote Hamm, “I am confident that the Department is as prepared as possible to resume carrying out executions consistent with the mandates of the Constitution. This is true in spite of the fact that death row inmates will continue seeking to evade their lawfully imposed death sentences.”
Ivey then sent a letter to Alabama Attorney General Steve Marshall, telling him to seek an execution date for an eligible death row inmate “whenever (he) deem(s) appropriate.” By Friday afternoon, Marshall said he had already filed a motion seeking an execution date for death row inmate James Barber.
Read more: Executions back on in Alabama after brief moratorium
Susskind at he Equal Justice Initiative said Hamm’s letter “is just platitudes and assurances, but the state offered the same assurances before the four botched executions.”
He voiced the need for a detailed report of what was discovered during the internal investigation. “It reveals a disregard for public accountability,” he said.
After the announcement Friday, nonprofit organization Alabama Arise issued a statement from its executive director Robyn Hyden.
“All Alabamians deserve equal justice under the law. Unfortunately, the Department of Corrections’ internal review of the state’s execution process did not resolve many of the injustices that remain throughout our capital punishment system,” she said.
“Our state’s death penalty is broken and should be abolished. Short of that, these policy changes would be important steps to reduce the inequities that pervade capital punishment in Alabama.”
The ACLU called the announcement troubling.
“Today’s announcement that ADOC’s investigation is complete is troubling and proves our worst concerns. It is irresponsible to believe that the state-sponsored torture of individuals would end if given more time and practice,” Gilchrist said.
Hyden added that legislators “must do their part as well to reduce the unfairness of Alabama’s death penalty.”
She said lawmakers should vote to pass a bill introduced by Rep. Chris England, which calls for a unanimous jury vote during the sentencing phase of a capital murder trial to put someone to death. Hyden said lawmakers should also retroactively apply the state’s 2017 ban on judicial override, which was a practice that allowed judges to impose the death penalty on a person despite a jury’s recommendation for life in prison.
Another policy change Hyden suggested was providing state funding for appeals on death sentences.
Federal Defender for the Middle District of Alabama Christine Freeman called the annoucement “disappointing, but sadly not surprising.”
“Instead of acting in the measured manner of the Governor of Tennessee, by operating in the open with an independent commission, Alabama has once again chosen to pretend that there are no problems and not disclose what ‘review’ actually occurred,” she said. “The Commissioner’s own letter acknowledges the Department is just beginning the vetting process for additional medical personnel. Why is DOC ready to resume executions when this piece of the process is not in place?”
“The people of Alabama deserve transparency and professionalism from their public servants. This ‘review’ has provided neither.”