A
couple of weeks ago, David Love penned an article “Reggie
Clemons is Troy Davis.” The article highlighted the
troubling doubts in the cases of Troy Davis and Reggie Clemons.
Love had no idea that I’ve been working on the Clemons’
case for twenty years (he does now since we talked about
it!). The case has all the common elements of wrongful conviction
in a capital murder case that subsequently leads to the
death penalty.
The
Chain of Rocks Bridge case reads like a Hollywood
movie script except that it is a real life nightmare for
the co-defendants, the victims and their families. Love
did an excellent job in making a prima facie case for Reggie
and so I will not take up space rehashing it here.
Reggie
Clemons is the last defendant facing death in a case rife
with contradictions. Clemons’ supporters have worked long
and hard for his innocence, so it is not surprising that
his case is finally receiving international attention. A
special judge was appointed by the Missouri Supreme Court
and is scheduled to hear evidence in the case on September
17, 2012.
Missouri
has been a state vying for top billing in executions along
with Texas and Florida. At one point, the state was #3 in executions.
There have only been two executions in the last five years
in Missouri, due to the untiring work of death penalty opponents,
three innocent men being freed from death row, serious doubts
raised about three others who were executed, several more
exonerated who had received life without parole, juries
no longer being gun-ho in giving death sentences and the
scarcity of the lethal injection drugs.
Our
state of Misery was targeted by the American Bar Association,
who was looking at the application of capital punishment
in several states. The ABA released
their report on Missouri last week
titled, “Evaluating Fairness and Accuracy in State Death
Penalty Systems: The Missouri Death Penalty Assessment Report.” Although the report
stopped short of recommending a moratorium or abolishment
of the death penalty, it did underscore major problems in
the system.
A
panel of law professors, private-sector attorneys and federal
judges reviewed Missouri’s system as part of the organization’s assessment of laws,
procedures and practices of states still utilizing the barbaric
system. Not surprisingly, the report found several flaws
in Missouri’s
system, from improperly preserving forensic evidence (such
as DNA) to not tracking racial statistics in death penalty
cases. Several recommendations were made for reform, including
narrowing the law so that only the most serious capital
murder cases are eligible for the death penalty.
I
am one who believes you can’t improve a rotten, barbaric
system of justice; I am in fundamental opposition to the
death penalty. I do understand that those of us who oppose
it have the ultimate burden to prove that it is unjust,
inhumane and costly on many different levels.
If
your state still has the death penalty, you have a Troy
Davis or a Reggie Clemons sitting on your state’s death
row that needs your support in the overall struggle to end
the death penalty. These statewide efforts all count towards
building the “evolving standards of decency that mark the
progress of a maturing society,” as stated by Chief Justice
Earl Warren. Abolishing the death penalty is still an uphill
battle, particularly when you have court rulings that say
new evidence is not enough to re-open a death penalty case.
It means this society has a ways to go to reach Justice
Warren’s standards of decency.
The
spotlight is shining on Missouri’s
death penalty system. Some are running for cover like roaches
into the cracks. Some are distorting the facts to confuse
the public. And some are fighting to make the death penalty
a historic relic of our judicial system.
BlackCommentator.com Editorial Board member, Jamala Rogers, is the leader
of the Organization for Black Struggle in St. Louis and the Black Radical Congress
National Organizer. Additionally, she is an Alston-Bannerman
Fellow. She is the author of The Best of the Way I See It – A Chronicle of Struggle. Click
here to contact Ms. Rogers.
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