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Ohio Governor Commutes Kevin Keith’s Death Sentence!
originally posted by Suzanne Ito, ACLU for Blog of Rights: Official Blog of the American Civil Liberties Union [click here]
Sep 2nd
Great news! Ohio Gov. Ted Strickland has commuted Kevin Keith’s death sentence to life without the possibility of parole!
Gov. Strickland issued this statement, which reads in part:
[M]any legitimate questions have been raised regarding the evidence in support of the conviction and the investigation which led to it. In particular, Mr. Keith’s conviction relied upon the linking of certain eyewitness testimony with certain forensic evidence about which important questions have been raised. I also find the absence of a full investigation of other credible suspects troubling."Clearly, the careful exercise of a governor’s executive clemency authority is appropriate in a case like this one, given the real and unanswered questions surrounding the murders for which Mr. Keith was convicted. Mr. Keith still has appellate legal proceedings pending which, in theory, could ultimately result in his conviction being overturned altogether. But the pending legal proceedings may never result in a full reexamination of his case, including an investigation of alternate suspects, by law enforcement authorities and/or the courts. That would be unfortunate–this case is clearly one in which a full, fair analysis of all of the unanswered questions should be considered by a court. Under these circumstances, I cannot allow Mr. Keith to be executed. I have decided, at this time, to commute Mr. Keith’s sentence to life in prison without the possibility of parole. Should further evidence justify my doing so, I am prepared to review this matter again for possible further action."
Thank you to all of you who signed the petition and sent letters to Gov. Strickland. We’ll have more soon!
Act Now! Tell Gov. Strickland to Grant Kevin Keith Clemency
originally posted by Will Matthews, ACLU for Blog of Rights: Official Blog of the American Civil Liberties Union [click here]
Sep 2nd
It is more important than ever that Ohio Gov. Ted Strickland grant clemency to Kevin Keith, a 46-year-old man awaiting execution on Ohio’s death row, after the U.S. Court of Appeals for the 6th Circuit earlier this week denied one of Keith’s final appeals.
Despite overwhelming evidence pointing to his innocence, Keith is scheduled to be put to death Sept. 15. Gov. Strickland has acknowledged that the circumstances of Keith’s case are “troubling,” and since taking office in 2007 has granted clemency to four death row prisoners in Ohio. It is imperative that he do so again. Keith’s attorneys released the following statement this week on the heels of the 6th Circuit’s decision:
"[The] denial by the Sixth Circuit of Kevin Keith’s appeal is further reason why Governor Ted Strickland should grant clemency to Mr. Keith. Because of procedural barriers to raising the evidence suppressed by the State, the new evidence of innocence in Mr. Keith’s case will never be heard in its entirety by any court or jury. Now, only Gov. Strickland has the power to fully review Mr. Keith’s innocence claims.
As Judge Eric Clay pointed out in his separate concurring opinion, ‘Even if our jurisprudence has thus far failed to expressly recognize that an innocent person has a constitutional right not to be executed, it is deplorable that this Court has failed and refused in this case to consider and properly address Petitioner’s legal arguments in a manner indicating that the Court recognizes that "death is special."’
Because the evidence of Keith’s innocence has been uncovered piece by piece, our court system is ill-equipped to resolve the question of his innocence. And without intervention by Governor Strickland, this deplorable adherence to form over substance will result in the execution of an innocent man."
More than 30 former judges and prosecutors, nearly 60 innocence projects and legal organizations, over 100 Ohio faith leaders, leading eyewitness experts and thousands of supporters have called on Gov. Strickland to grant Keith clemency. Add your voice to the swelling chorus by sending a letter to Gov. Strickland today.
U.S. Submits its First Human Rights Review to U.N.
originally posted by ImmPolitic Blog for National Immigration Forum - ImmPolitic Blog [click here]
Sep 2nd
The United States submitted its first-ever report to the United Nations High Commissioner for Human Rights on August 20, evaluating how the nation is fulfilling its human rights obligations. Such reports are now required every four years from all United Nations members as part of the Universal Periodic Review (UPR) process, established in 2006 and conducted through the UN Human Rights Council. Essentially, this reporting process affords nations the chance to self-evaluate their human rights record. The U.S. report will next be presented to the UN Human Rights Council in Geneva, Switzerland, this fall.
Input to inform the report was gathered over the past several months in consultation with civil society organizations with diverse viewpoints, constituencies, and locations. Summaries of the various consultations are posted by the U.S. Department of State on their website (including one in which the Forum participated, addressing the rights of migrants). According to the State Department, the review “provides an opportunity to reflect on our human rights record and we hope will serve as an example for other countries on how to conduct a thorough, transparent, and credible UPR presentation.”
Although human rights obligations cover an enormous range—from voting rights to rights of indigenous persons—the United States found space to discuss the human rights of immigrants. This inclusion has already ruffled some political feathers. By dutifully noting the Department of Justice’s courtroom battle against Arizona’s “papers please” law in their report, the government so upset Arizona Governor Jan Brewer that she wrote a letter to Secretary of State Clinton demanding that the reference to the Arizona law be stricken. Gov. Brewer is running for election this November.
Beyond the reference to the embattled Arizona immigration law, numerous mentions of the rights of immigrants and the national commitment to ensuring equality before the law for all are sprinkled throughout the 25 pages of the report.
In a section on post-9/11 practices, the government proclaims its commitment to protect the rights of and to combat discrimination against Muslim, Arab-American and South Asian American persons. By way of example, the report cites limitations on country-specific travel bans and an ongoing review of how law enforcement agencies use race and national origin.
Another section discusses efforts to achieve excellence in education for children for whom English is a second language and who may face language discrimination in public schools.
The most extensive discussion of human rights commitments to immigrants falls under the heading of “Values and Immigration.” Alongside the deserved self-recognition for its acceptance of millions of refugees and for undertaking to reform the immigration detention system, the government acknowledges “challenges in developing and enforcing immigration law and policies that reflect economic, social, and national security realities.”
Unfortunately, these challenges will persist as long as we lack meaningful reform to our creaking immigration system; the current laws are a far way off from current realities. Many enforcement efforts the Government touts as improvements would not be necessary—or would not be so overwhelming—if our immigration system got the reform it requires. Reforming our immigration detention system, for example, is a far more formidable task because immigrants who have been living and working in our country for years are thrown in jail instead of given work visas. (We recently assessed the government’s limited progress in making the immigration detention system more civil here and here.)
Some recognized “improvements” in the government’s report refer to flawed programs that should be scrapped altogether. State and local police operating under 287(g) agreement wouldn’t need the better oversight or stronger guidelines touted in the report if the government did the right thing and terminated this deeply flawed program. (Learn more about why the program is inherently flawed here and here.
On a note of optimism, the United States assures the United Nations High Commissioner for Human Rights that change is coming for our immigration system. This is a welcome (and hopefully not hollow) assurance. In the words of the report,
“President Obama remains firmly committed to fixing our broken immigration system, because he recognizes that our ability to innovate, our ties to the world, and our economic prosperity, depend on our capacity to welcome and assimilate immigrants. The Administration will continue its efforts to work with the U.S. Congress and affected communities toward this end.”
That is a commitment we hope is fulfilled when the United States submits its next scheduled UPR report in 4 years.
Image by Flickr user Marionzetta.
Race Contributes to Wrongful Convictions
originally posted by Cassandra Stubbs, Capital Punishment Project for Blog of Rights: Official Blog of the American Civil Liberties Union [click here]
Sep 2nd
An unusual collection of advocates, exonerated men and a crime victim gathered this week in Raleigh, North Carolina, to highlight the role that race plays in wrongful convictions. The group filed an amicus brief in the case of Melvin White, an African-American death row inmate in North Carolina who maintains his innocence and has filed a claim under North Carolina’s historic Racial Justice Act.
As the brief recounts, African-American defendants are more likely to be wrongfully convicted of crimes punishable by death. In North Carolina, six of the seven exonerated death row inmates were people of color. The last three men exonerated from death row in North Carolina were all African-American, including ACLU client Bo Jones. The majority of nationwide death row exonerations are all also disproportionately people of color.
The explanations for these racial disparities range from deliberate racial stereotyping — such as the perception of jurors and law enforcement that African-Americans are more "prone to violence" — to unconscious racism. For example, witnesses are far more likely to misidentify perpetrators of different races from their own, even if they hold no conscious racial prejudices.
The risk that an innocent person may be executed, intolerable under any circumstance, is a heightened one for African-American defendants. The Racial Justice Act gives courts the tools to eliminate this risk by imposing life sentences in those cases where race played a role in the process.
Alexander Zaitchik on "Common Nonsense: Glenn Beck and the Triumph of Ignorance"
originally posted by Democracy Now! [click here]
Sep 2nd
Watch on AWARE-LA TV on the date of the post. After that, watch in the Democracy Now! archives.
Glenn Beck organized a much-publicized "Restoring Honor" rally on Saturday in front of the Lincoln Memorial in Washington, DC. Beck’s fans reportedly number in the millions, and Saturday’s rally drew nearly 100,000 supporters. We speak with Alexander Zaitchik, author of Common Nonsense: Glenn Beck and the Triumph of Ignorance. [includes rush transcript]
Appeals Court Ruling Allows Government to Use GPS to Track People’s Moves
originally posted by Democracy Now! [click here]
Sep 2nd
Watch on AWARE-LA TV on the date of the post. After that, watch in the Democracy Now! archives.
A federal court in California has issued a ruling that’s raising widespread alarm among advocates for civil liberties. Earlier this month, the US Court of Appeals for the Ninth Circuit said law enforcement agents can sneak onto a person’s property, plant a GPS device on their vehicle, and track their every movements. The court’s ruling means the spying is legal in California and eight other Western states. [includes rush transcript]
After Years of Organizing, Domestic Workers Win Bill of Rights Law in New York
originally posted by Democracy Now! [click here]
Sep 2nd
Watch on AWARE-LA TV on the date of the post. After that, watch in the Democracy Now! archives.
New York Governor David Paterson has signed into law a measure establishing a landmark set of working standards for housekeepers, nannies and other domestic workers. With the signing of the Domestic Workers Bill of Rights, New York becomes the first state where domestic workers will be guaranteed overtime pay after a forty-hour workweek, at least one day off per week, and at least three days off with full pay per year. [includes rush transcript]
As Pakistan Floods Continue Moving South, Calls for Debt Cancellation Grow
originally posted by Democracy Now! [click here]
Sep 2nd
Watch on AWARE-LA TV on the date of the post. After that, watch in the Democracy Now! archives.
In Pakistan, torrential rains a month ago that triggered unprecedented floods have moved steadily from north to south, engulfing a fifth of the country. Seventeen million people have been affected, and some five million have lost their homes. Meanwhile, a movement to cancel Pakistan’s external debt is now underway as campaigners plan a protest in front of Pakistan’s parliament house today to call on international institutions like the IMF to cancel the country’s debt. [includes rush transcript]
Headlines for September 2, 2010
originally posted by Democracy Now! [click here]
Sep 2nd
Watch on AWARE-LA TV on the date of the post. After that, watch in the Democracy Now! archives.
- Palestinians: Obama Vows to “Stop the Settlements”
- Biden Marks Nominal End to US Combat Operations in Iraq
- Over 60 Killed in Pakistan Air Strikes
- Justice Dept. Charges Mehsud with CIA Bombing in Afghanistan
- UN Increases Estimate of DRC Rape Victims
- Evacuations Ordered in NC Ahead of Hurricane Earl
- Armed Suspect Killed After Taking Hostages at Discovery Channel
- Judge Rejects Dismissal of Suit to Overturn Drilling Ban
- BP Ad Spending Tops $93M Since Spill
- Recession Spurs Sharp Decline in Undocumented Immigration
- Wyoming Town Near Drilling Told Drinking Water Unsafe, Potentially Explosive
- WikiLeaks Founder Speaks Out Against Swedish Probe
- Lawyer: Mental Health of Alleged Leaker Was Questioned
Is New York the Next "Papers Please" State?
originally posted by Udi Ofer, New York Civil Liberties Union for Blog of Rights: Official Blog of the American Civil Liberties Union [click here]
Sep 1st
Arizonans are not the only ones who should fear living in a "show me your papers" society.
As reported in Monday’s New York Times, here in the great state of New York, armed Border Patrol agents routinely board Amtrak trains and Greyhound buses to question passengers about their citizenship and detain those who are not carrying proper proof of their lawful status.
Nina Bernstein reported that Customs and Border Protection (CBP) officers board trains in western New York and ask passengers "Are you a U.S. citizen?" and "What country are you from?" And in case you were wondering, no, these trains do not cross the New York-Canadian border. They are used for domestic travel.
Take, for example, Ruth Fernandez, a 60-year-old U.S. citizen born in Ecuador. She was travelling on Amtrak from Ohio to New York City. On past trips she was photographed by Border Patrol agents, so this time she carried ID, and showed it to Border Patrol agents when asked about her citizenship.
Ruth was not arrested, but others have been. According to an analysis of government data, CBP arrested 2,788 bus and train passengers from October 2005 through September 2010. It’s unknown how many of these individuals were U.S. citizens who just happened not to carry identification with them and could not prove their lawful status.
Even more astonishing, while CBP asserts that these detentions are necessary to secure the border and prevent smugglers and human traffickers, it appears that many of these arrests are happening far from the border, and not while people are trying to sneak into this country. In fact, according to the New York Times, "three-quarters of those arrested (by CBP) since 2006 had been in the country more than a year."
Why is this happening?
The federal government has given itself jurisdiction to enforce our border laws, which have looser Fourth Amendment standards, anywhere within 100 miles of the international border. Well, guess what: nearly 2/3 of the entire U.S. population (197.4 million people) live within 100 miles of the U.S. land and coastal borders. So according to Customs and Border Protection, anyone in these areas can be approached by armed agents and asked for their immigration papers for doing nothing more than walking down the street or riding a bus. That’s why advocates have dubbed this region the "Constitution-Free Zone."
No one minding their own business should be subject to internal document checks for walking down the street or riding the bus near the border. Not only is it a violation of our privacy rights, but it’s a recipe for racial profiling. According to the New York Times, a doctoral student born in Taiwan was arrested in 2009 on the train after being singled out for questioning of his "Asian appearance." The New York Civil Liberties Union, which has investigated this issue for several years, particularly in the Syracuse area, has also heard from other advocates about Latino passengers being singled out for "looking or sounding foreign."
If you are approached by CBP agents on a train or bus, remember that you have the right to remain silent. If you are not a U.S. citizen and have been issued immigration documents that are still valid, you do have a legal obligation to carry those documents at all times. But you still have the right not to speak.
President Obama, it’s time to meet your campaign promises and restore the rule of law in the United States. Stand with us to say no to privacy violations, no to racial profiling, and no to counterproductive immigration enforcement policies that make no one safer, but instead alienate immigrant communities that make our nation great.