E ADVOCAT Vol. 10 No. 5 A DPA Bi-Monthly Publication August,1988 Death penalty claims 100th person EDWARD BYRNE, 28 on June 14 be camethe 100th personto be executed In the United States since the Supreme Court reinstated the death penalty in 1976. lIe waselecteocuted in Louisiana. ARTHUR BISHOP, 36, a former Mor mon missionary, was executed by lethal Injection June10 inUtah. Previously put to death: Questions About The Executions on Page 4 1986* Earl Clanton Jr., VA 4/14; Leslie Lowenfield, LA, 4113; Willie Jasper Darden, IL, 3/15; Wayne Felde, LA, 3/15; Robert Streetman, DC, 117. i81 Timothy McCorquodale, GA, 21; Jo ephSt aggi DC, 9t’10, William Mitchell, GA, 911; Wayne Ritter,A18/28; Lee Jones Jr., AL, 3/21; Charles Bass, thur Frederick Goode, FL, 4/5; Ronald Beauford White, FL, 8,’28; Pierre Dale DC, 3/12; James TerryRoach, Salby,UT, 8,28; SC, 1110. Clarke O’Bryan, DC, 3/31; James Hutch Sterling Rault, LA, 8/24; ins, NC, 3/16; James D. Autry, TX, 3/14; John Brcgdon, LA, 7/30; Willie Watson, 1985* Carroll Edward Cole, NV, 12/6; John Taylor, LA, 2P29’, Anthony Antone, LA, 7/24; Willie Celestine, LA, 7/20; Con. William Vandiver, IN, 1Y16; Charles l 1/26 the Ray Evans, MS, 7/8; JohnThompson, Rumbaugh, DC, 9/11; Henry Martinez DC, 7/8; Richard Whitley,VA, 7/7; EllIott Porter, DC, 7/8; Morris Johnson, Mason, VA, 6/25; 1983: John Eldon Smith, GA, 12/15; DC, 6/24; Jimmy Wingo LA, Charles Milton, DC, 6/25; Marvin Fran Robert Wayne Williams, LA, 12/14; 6116; Jimmy Glass, LA, 6/12; Alvin cois, FL, 529 Moore, Jesse de Ia Rosa, TX, 5/15; Robert Sullivan, FL, 11130; Jimmy Lee LA, & Benjamin Berry, LA, 6/?; James Briley, VA, 4/18; John Young, GA, Gray, MS, 9/2; JohnEvans, AL, 4/22. William Boyd Tucker, GA, 5/2 Anthony 3/20; Stephen Peter Morin, DC, 3/13; Williams, TX, 28; Richard Tucker, GA, John Paul Witt, FL, 3/6; Van Roosevelt 1982 CharlesBrooks, DC, 12/7; Frank 5/22; Earl Johnaon, MS. 5/20; Joseph Solomon, GA, 2/20; James Raulerson, Coppola,VA, 8/10. Mulligan, GA, 5/15; Eliseo Moreno, TX, FL, 1/30; Doyle Skillern, DC, 1/16; Joseph 3/4; Ramon Hernandez, DC, 1/30. Carl Shaw, SC, 1111; RooseveltGreen, GA, 1981: Steven Judy, IN, 3/9. 119 David Done Martin, LA, 1/4. 1986* Richard Andrade, I’X, 12/18; 1979: Jesse Bishop, NV, 1Y22; John Michael Wayne Evans, DC, 12/4; John 1984: RObert Lee Willie, LA, 12/28; Spenkelink, FL, 5/25. William Rock, NC, 91W, Chester Lee Alpha Otis Stephens, GA, Wicker, TX, 12’12 Timothy 8/26; Larry Smith, DC, 8/22; Palnies, FL, 11/8; Velma Barfield, NC, 1977: GaryGilmore, UT, 1/17. Randy Lynn Wool., DC, 8/20; Michael 11/2; Ernest Knighton, LA, 10/30; Marnell Smith, VA, 7/31; Jerome Bow- Thomas Barefoot, DC, 1Q/30; Linwood den, GA, 6/24; Kenneth Brock, DC, 6/19; Briley,VA, 1W12;James3enry,FL,9/2O; We ask prayers for the victims of Rudy Ramos Esquivel, TX, 6/9 Ronald J. Timothy Baldwin, LA, 9/10; Ernest Dob crimes committed by those listed Straight, FL, 5/20; Jay Kelly Pinkerton, bert Jr., FL, 9/7; David Washington, FL, here,/br those executed andforthose DC, 5/15; David Livingston Funchess, 7/13; lyon Stanley, GA, 7/12; Carl Elson participating in executions done in FL, 4/22; Jsffeiy Allen Barney, DC, 4/16; Shriner, FL, 6/20; James Adams, FL, our names. Daniel Morris Thomas, FL, 4/15; Arthur 5/10; Elmo Patrick Sonnier, LA, 5/5; Ar- Preservation President of the District Court Judge’s Association - Julia Adams Changing Faces, Common Walls: Kentucky’s Prisons 202B Case Investigation The Advocate Features Kevin McNally is a product of a Buchanan v. Kentucky, 107 S.Ct. Kevin Is leaving DPA to continue family of 10 out of Hol lis, Queens, 2906 1987. Carter brought the his work in other forums. New York City. He Is a 1971 politi Kentucky criminal Justice system cal science graduate of the Bronx’ out of the dark ages by requiring Upon hearing of Kevin’s departure, Manhattan College. that jurors be Informed In the Tony Amsterdam of New York Univer instructions that citizens accused sity Law School, expressed the His 39 years encompass much. Dur of crimes who chose not to testify views of many of us: "For sore ing Law School at U of L, he worked cannot have any adverse inference years than most of us admit remem for the City Law Department and for used against them for that deci bering, you have been an eloquent Gittleman and Barber, compiling the sion, He has argued over 65 cases and effective voice against the first codification of Louisville to the Kentucky appellate courts death penalty, on behalf of each of ordinances in many years. and over 15 in the Sixth Circuit. your clients and humanity. Your He has published a wide variety of unsparing ccnnitment to criminal in his 12 years at DPA, Kevin has articles in I4AcDL, The Champion, defense work, and to the battle held a variety of positions - The Advocate, Fellowship, and The against capital punishment, has appellate lawyer, trial services Louisville Examiner. In addition been an inspiration to all of u regional manager for public defend- to his articles, he is sought after who have been privileged to woi4. er programs In 25 Eastern Kentucky as a capital defense lecturer, pre with you. counties, and most recently as the senting over 20 times nationally person in charg4 of the Major Liti from California to Florida, and You have taught us a lot. But the gation Section MLS. in this lat countless times In Kentucky. most Important thing you have ter role, he has literally been the taught us is that good lawyering DPA polntman for the death penalty Sean Fitz McNally, Jesse Dylan Rob can still make a difference." efforts in Kentucky, His creative, inson, and Wil 11am Douglas Robinson relentless, dynamic commitment to are the proud children of Kevin Mc Dennis Balske, a nationally promi see that the death penalty is not Nally and Gail Robinson. They love nent capital defense attorney from carried out in Kentucky defines him the land of Bald Knob in Frankfort, Alabama, has reflected, "I think as a person and defines the best of and live in a magnificent house the best way to appreciate Kevin’s DPA. As head of MLS, he has amass constructed by themselves. contributions is to look at It in ed an incredible amount of disturb the light of the old Jimmy Stewart ing information on capital cases in Kevin has dedicated his profession movie, a Wonderful Life. You Kentucky, demonstrating the repeat al life to serving those in most may recall in this classic that ed, unfair imposition of death. Jimmy Stewart jumps from a need - criminal defendants, espe bridge, cially capital defendants. Kevin only to be saved by an angel trying He Is a member of the Kentucky Coa manifests the highest legal values to earn his wings. The angel then lition to Abolish the Death Penal in zealously struggling to provide shows Jlwsny Stewart what the world ty, and a founding member of the the least in the legal system with that he grew up in would have been Kentucky Association of Criminal a fair and equal opportunity. He like had he not been there. Defense Lawyers. has done extraordinary work at ex traordinary sacrifice. On all our Without KevIn, many people on and He has argued before the United behalfs, he brings the best tra of f Kentuckys death row, would States Supreme Court In Carter v. ditions of the legal profession to Kentui, 450 U.S. 288 1981 and bear on those In most need. Continued on page 52 -2- NoteCorrections. LiesEXHIBITREVIEW______HearingsINTERVIEWEXECUTIONS__________SmithlentSierraStateCasesFelockWardKeddickCarterISSUES..v.<obersonOodenoUgh.Ruppeev.Cornmonweelth.v.Belieuv.Griminger.TexasCommonwealthIllinoisStatesChesternutCommonwealth.Groornsv.ComrronwealfhGreenwoodv,Chesternut.Thomasv.Conrmonwealthv.reenw000CommonwealthMarkhamanmonweaIthMesserv.CommonwealthComm3nweelthDodsonv.Cctnmonwealth_!2!.Commonwealth.R.tardedCoinmonwealthv.Derosia. fran th. Editor: IN THIS ISSUE The execution of the 100th person Is sobering for those defending PAGE capital clients. it’s important to 4 remember the many injustices In the ON POST-FURMAN JULIA ADAMS 8 killing process, so we feature In JUDGE TOURING PRISON PHOTO 11 this Issue the continued failures of the system. 13 UNITED STATES SUPREME COURT: Hicks v. 13 Neal Walker begins this issue as California 13 the editor for the death penalty Wheat v. United 13 column. Amadeo v. 13 Satterwhlte v. 14 Michigan v. 14 Judge Adams shares her good Arizona 14 thoughts with us in our continuing Patterson v. 14 series of interviews with important Murray v. persons in the Kentucky criminal 221. ..e.. IS Justice system. Enjoy this issue. KENTUCKY COURT OF APPEALS: Royalty v. 15 Hamilton v. 16 EN 16 KENTUCKY SUPREME COURT: Duke v. 16 .1.e_ 16 16 16 Francis V. 17 Anastasi v. 17 THE AD1VOCATEI F 17 POST-CONY ICTION: RCr 11.42 The Advocate Is a is-monthly publication of the Department of Public Advocacy. Opinions expressed In articles are thos, of the authors and do not DEATH PENALTY: Sanborn 21 necessarily represent the views of the Department 25 The Mvocate welcomes correspondence on subjects treated In Its pages. SIXTH CIRCUIT... 28 PLAIN VIEW: California V. 30 EDITORS Michigan 31 Edward C Menairen v. GeorMartin....Comnonweelth 32 Cr1. Brown States v. United 32 CONTRIBUTING EDITORS Washington 32 Williams v. 32 Iteds K. Weel Michad A.