Rush
to judgment, kill the innocent?
Some fear racism and
politics are driving high-profile death row cases in Texas and
Pennsylvania
by Memorie Knox
Stacey Muhammad and
Michael Muhammad |
Without divine intervention or a pardon from Texas Governor George W.
Bush, death row inmate Shaka Sankofa, also known as Gary Graham, will die from lethal injection June 22.
Mr. Sankofa is one of 20 people Texas is set to kill over the next four
months, despite widespread debate about the death penalty and whether it
can be applied fairly or properly.
In addition, activists fear if Mr. Sankofa is put to death, a mixed
blend of politics and racism could open the door for the execution of
Mumia Abu-Jamal, a Pennsylvania death row inmate, who supporters say is
innocent.
Both of the death row inmates are Black and
it would take action by two white Republican politicians to save their
lives, activists note. In the past Republicans, and some Democrats, have
used support for capital punishment to garner support and shore up their
political images, activists add.
In 1992, then-presidential hopeful and Arkansas governor Bill Clinton
allowed a Black man to be executed. Activists said the man was mentally
retarded and should not have been on death row.
These two cases, Mr. Sankofa and Mr. Abu-Jamal, are a litmus test for
Republicans and Democrats, said Rep. Jesse Jackson, Jr., who has
sponsored legislation for a moratorium on federal application of the
death penalty. He was joined May 26 by celebrated former New Jersey
death row prisoner Rubin �Hurricane� Carter, former Illinois death
row inmate Darby Tillis, Nation of Islam Minister Benjamin F. Muhammad,
and Richard Burr, Mr. Sankofa�s attorney, for a Capitol Hill press
conference.
Two controversial death row cases involve Republican governors and Vice
President Al Gore has not taken a stand on these cases, the Illinois
Democrat noted. Mr. Gore also supports capital punishment.
Though Illinois has placed a moratorium on the death penalty and other
states have questioned its use, Gov. Bush seems unmoved by cases where
innocent people have been released from death row, many based on DNA
evidence.
The Texas lawmaker, whose state leads the nation in executions, contends
he has never signed a death warrant for an innocent person. Pennsylvania
Governor Tom Ridge, who has been mentioned as a possible Republican vice
presidential candidate for Mr. Bush, is set to execute Mr. Abu-Jamal as
soon as the legal process is exhausted, add defenders of the former
Black Panther and journalist.
A judge recently granted Mr. Abu-Jamal�s legal team until June 2 to
file a supplemental brief about his case and revised death penalty laws.
The prosecution must reply by June 23. Mr. Abu-Jamal was convicted in
the 1980s killing of a white Philadelphia police officer. His lawyers
say he never received a fair trial, was targeted for his political
activism and witnesses say police coerced them into lying about the
case.
As Texas makes its sixth attempt to execute Mr. Sankofa, politicians and
activists also claim he didn�t get a fair trial. In his case,
witnesses have recanted testimony and the original defense lawyer failed
to properly represent Mr. Sankofa, they argue.
�George Bush is a serial killer. In five years, he has killed one
person every two weeks. The Texas Board of Pardons and Paroles don�t
even meet face to face. Instead, they work by faxing hundreds of pieces
of paper to each other,� said Atty. Ashanti Chimurenga, coordinator
for the Shaka Sankofa Justice Coalition. The coalition has launched a
30-day campaign to save Mr. Sankofa�s life.
In Texas, the governor needs a favorable recommendation from the Board
of Pardons and Paroles to grant clemency, according to the Death Penalty
Information Center, a Washington, D.C.-based
anti-death penalty group. In Pennsylvania, the governor can grant
clemency based on the advice of the State Board of Pardons, the center
said.
�Many say that the Texas court system is broken, but I believe its
working perfectly. The U.S. constitution was built on white supremacy
and was the same document that didn�t recognize Blacks as whole human
beings. The rush to kill us has just been escalating over the years,�
said Atty. Chimurenga.
According to Justice For All, a Texas-based pro-death penalty group,
capital punishment is deserved for violent crimes, and Mr. Sankofa�s
time has come.
�Living murderers are much more likely to harm or murder people in the
future, than executed murderers,� said Dudley Sharp, a Justice For All
spokesman. �Since there�s no proof of an innocent person being
executed, obviously the death penalty process will always protect more
innocent lives than it will ever put at risk,� he said.
His group contends eyewitness testimony, failed appeals and Supreme
Court rejection of Mr. Sankofa�s case justify his execution.
The fact that the eyewitness could not initially identify Mr. Sankofa in
a photo and a lack of physical evidence tying the 36-year-old
man to the crime are irrelevant, according to defenders of the
death penalty.
Death penalty opponents point out that in almost all cases where there
is a white victim, capital punishment is evoked.
Forty-three percent of death row inmates are Black, and 35 percent of
those put to death since 1976 have been Black, according to the Death
Penalty Information Center. Blacks are estimated to be 12 percent of the
total U.S. population.
The majority of death row inmates in Texas and Pennsylvania are Black,
according to the center.
Mr. Graham was convicted of killing a white man during a crime spree
committed when he was 17-years-old. According to Mr. Sankofa�s lawyer,
seven out of eight witnesses contend his client did not kill the man. He
said four witnesses, who have all passed lie detector tests, confirm Mr.
Sankofa was with them the night of the murder.
Further, Atty. Burr said police could not link Mr. Sankofa physically to
the crime, and the original trial attorney failed to present this
evidence within the 30 day period allotted after his conviction. That
failure has left Mr. Sankofa on death row for 19 years, he said.
Min. Louis Farrakhan has written Gov. Bush asking for clemency for Mr.
Sankofa, and has repeatedly called for justice for Mr. Abu-Jamal.
�Through all of the judicial reviews that he�s had, the evidence has
never been heard. When you look at the death penalty, and the
disproportionate number of Blacks, Latinos and the poor who are on death
row, there�s a cinch in the system that things are unfair. It all
stems from the pattern of racial profiling, police, prosecutorial and
judicial misconduct,� said Min. Robert Muhammad, southwest regional
minister of the Nation of Islam, who started a fast on May 22, saying he
will not break it until Mr. Sankofa is free.
�This is nothing but an exercise in white supremacy, there is no
evidence to substantiate the conviction nor the sentencing of Gary
Graham (Shaka Sankofa), or Mumia,� added Min. Benjamin, who once
served as chair of the defense committee for Mr. Sankofa.
�People argue that racism exists in the death penalty because 12
percent of the U.S. population is African American, and 73 percent are
white, and that 43 percent of death row are African American. That�s
irrelevant. What�s relevant is what percentage of murders you
commit,� contends Dudley Sharp, of the Texas death penalty group, who
argues Blacks commit more murders than whites and wind up on death row
because of it.
According Ricky Jason, of the Sankofa Justice Coalition, Mr. Sankofa has
resisted being moved into a death watch cell. For that refusal, he was
gassed and beaten by hooded prison guards, said Mr. Jason.
�During my last visit, I heard the guards say, �We�re gonna
execute the n_ _ _ _ _ this
time.� This is not a plan to execute, this is a lynching. If we let
this happen, all of the sacrifices that Dr. Martin Luther King, Jr. and
the Most Honorable Elijah Muhammad made for us will be in vain. Everyone
talks about how the justice system doesn�t work. It�s not supposed
to work, the people must work,� Mr. Jason argued.
Different groups are at work to stop Mr. Sankofa�s execution and
mobilize efforts to end the death penalty:
-
Rep.
Jackson attended a town hall meeting on the death penalty the
evening of May 26 at Bethel AME Church in Baltimore.
-
Mr.
Sankofa�s supporters are scheduled to hold a community forum on
June 2, at the House of the Lord Church in Brooklyn, New York.
-
National
anti-police brutality activist Al Sharpton and Millions for Mumia
are scheduled to protest June 8 in D.C. and hold a mass anti-death
penalty protest in front
of New York�s Republican Party Headquarters June 19.
Deeming Gov. Bush �the King of Death,� the Campaign to End the Death
Penalty plans to protest wherever he campaigns. �Bush has made a
career on being tough on crime, and as governor of the state that kills
people the fastest, we will continue to target him because of who�s
dying. It�s poor people and it�s Black people,�
said campaign spokesperson Joan Parkin.
(Eric
Ture Muhammad contributed to this report from Washington, D.C.)
|