Death Penalty Focus, Keith Henness, special two-hour episode of 48 Hours about Kevin Cooper, Chinonye Chukwu’s Film “Clemency”, Domenique Ray, California’s death penalty and Proposition 66

CBS News aired a special two-hour episode of 48 Hours on Kevin Cooper’s innocence case a few weeks ago on January 26th.

In May of last year, Nicholas Kristof published an explosive column in the New York Times, reviewing the evidence and concluding that it points to people other than Kevin. You can still read it here if you missed it.

The 48 Hours episode will include interviews with Kristof, Kevin’s attorney Norman Hile, and DPF Board Director Thomas R. Parker, a retired FBI agent who reinvestigated the case.

You can watch a preview of the episode here:
If you miss the episode, 48 Hours will post it on this page shortly after it airs.

Before he left office, former Gov. Jerry Brown ordered new, albeit limited, DNA testing for evidence gathered in Kevin’s case. It was a step in the right direction, but it stopped short of a true innocence investigation that we were all hoping for. You can read more about this important distinction in our most recent issue of The Focus by clicking here
In a matter of days, Ohio will execute Keith Henness. Many, including Ohioans to Stop Executions, believe his lawyers and the system failed him. Out of options for Keith, they are turning to you. You've saved lives in this situation before and he needs you to help save his now. Will you add your support to urge new Ohio governor Mike DeWine to grant Keith clemency? Time is running out. Your support can push Governor DeWine to prevent a senseless death. Sign now. 

Governor Mike DeWine: Stop the Execution of Warren "Keith" Henness

Keith Henness is scheduled to be executed at the Southern Ohio Correctional Facility in Lucasville on February 13, 2019 at 10 am. Keith’s case in yet another reminder of the systemic flaws with Ohio’s death penalty system.

Keith Henness’ trial lawyers did virtually no work defending him
  • Lead counsel logged fewer than 12 hours investigating the case during the sixteen months before trial.
  • Counsel did not investigate or hire mitigation specialists to defend Keith.  
  • Lingering doubts exist today, evidence was destroyed
  • Both co-defendants had histories of violence, substance abuse and motive for killing Richard Myers. Keith had no history of violence and no motive for the crime.
  • Finger prints and blood samples taken from the crime scene did not match Keith.
  • The lead detective on the case instructed the crime lab to destroy the forensic evidence after the trial during Keith’s appeal.
  • The only evidence used to convict Keith came from the two co-defendants.  
  • Keith’s death sentence is an outlier that never should have occurred
  • Franklin County data show from 1990-1995, 98% of indicted aggravated murder cases did not receive the death penalty.
  • Of the 109 indictments eligible for the death penalty, only 2 actual death sentences were given. Keith Henness was one.
  • Because Keith did not trust his trial lawyers, he did not agree to a plea deal offered by prosecutors for 20 years-life.
Keith Henness is the first person scheduled for execution under newly-elected Governor Mike DeWine. Call the governor and urge him not to execute Keith Henness. Call Gov. DeWine at  (614) 466-3555 and tell him he should grant clemency to Keith based on ineffective trial lawyers, lingering doubts about co-defendants and data clearly demonstrating his death sentence is unfair. Visit petition page

“Do We as a Society Have a Right to Kill?”: Chinonye Chukwu’s Film “Clemency” Examines Death Penalty
As the state of Texas this week carried out the nation’s first execution of the year, we look at “Clemency,” a new film starring Alfre Woodard that examines the death penalty from the perspective of those who have to carry out executions as well as the condemned. Woodard portrays prison warden Bernadine Williams as she prepares to oversee what would be her 12th execution as warden in the aftermath of one that was horribly botched. As her life seems to unravel, Williams, for the first time, grapples with what it means to be part of a system of state-sanctioned murder, as the execution date for Anthony Woods, played by Aldis Hodge, gets closer. The film premiered at the Sundance Film Festival. We speak with Nigerian-American writer-director Chinonye Chukwu, who says she was inspired to take on the subject after the execution of Troy Anthony Davis, who was put to death by the state of Georgia on September 21, 2011. Davis’s execution was carried out despite major doubts about evidence used to convict him of killing police officer Mark MacPhail, and his death helped fuel the national movement to abolish the death penalty.
  • We continue to look at the problems Proposition 66 is creating in California’s courts in the second of our two-part report.
  • Alabama executed Domenique Ray last night and compounded the barbarity by denying him spiritual support in the death chamber.
  • Ohio postponed an execution scheduled for this month because of concerns about its lethal injection drugs, the latest example of how states are scrambling to find alternatives to drugs that are hard to obtain or of questionable efficacy.
  • He’s been on California’s death row for almost 34 years, but Kevin Cooper’s fight for justice continues, bolstered by a two-hour segment on CBS and op-eds in the LA Times and San Francisco Chronicle.
  • The State of California stole 23 years of his life and his health after wrongfully convicting him of murder, and William Richards won’t rest until restitution is made.
You’ll find all that, plus a quick rundown of developments around the country, and a few reading suggestions below.

California’s death penalty and Proposition 66

In the second of a two-part report, death penalty lawyer Nancy Haydt explores the possible consequences of Proposition 66 on county courts, court administration, courts of appeal, and attorneys.
Read More »

Before taking his life, Alabama took Domineque Ray’s religious freedom

When Domineque Ray was executed by the state of Alabama last night his spiritual advisor was not in the death chamber with him. The reason? Ray was a Muslim.
Read More »

Ohio execution delayed: LI drugs cause “waterboarding” effects

Warren Keith Henness was scheduled to be executed on Wednesday, but Ohio’s governor postponed it, and ordered the corrections department to look for “alternative drugs,” after a federal judge issued a scathing indictment of the state’s lethal injection protocol.
Read More »

Kevin Cooper’s innocence campaign continues

The debate over California death row prisoner Kevin Cooper’s case continues, thanks to a recent two-hour program on CBS and three new op-eds.
Read More »

In brief: February 2019

Death penalty states around the country continued to tinker with the machinery of death. We look at some of the more significant developments.

While we’re on the subject . . .

A piece on how true conservatives can’t justify support for capital punishment, and a column on why fewer Catholics may be chosen for death penalty trials are just two of several reading suggestions we have this month.

Voices: William Richards

The state of California took 23 years of Bill Richards’ life, his health, and the time he needed to grieve the death of his wife, whose severely battered body he discovered. And while he’s finally free, he still has to fight the system that stole so much from him.

Don Lichterman

Sunset Corporation of America (SCA)
Sustainable Action Network (SAN)