Blog of Rights

Velez Hearing Day 3: A Portrait of Constitutionally Inadequate Counsel

By Brian Stull, ACLU Capital Punishment Project at 2:47pm

In Day 3 of the Velez hearing in Brownsville, Texas, I want to take a moment to explain the legal context – the rule of constitutional law – that will entitle Manuel Velez to relief if the judge, the Hon. Elia Cornejo Lopez, credits the facts presented.

The legal journey starts 50 years back with the U.S. Supreme Court’s landmark ruling in Gideon v. WainwrightThere, the court held that the Constitution entitles poor people facing possible imprisonment counsel appointed at the state’s expense.  In later decisions, the court clarified that a poor person’s right to appointed counsel is a right to effective counsel.

Day 2 of Velez Hearing: State’s Witness Dismantles State’s Timeline Theory

By Brian Stull, ACLU Capital Punishment Project at 11:22am

We’re in day 2 of the Manuel Velez innocence hearing in Brownsville, Texas.  As we’ve previously explained, this case posed a dilemma because two adults were in a Brownsville home on Halloween 2005 when 11-month- old Angel Moreno was taken to the hospital unable to breathe. Both adults, Manuel Velez and Acela Moreno, the boy’s mother, pointed the finger at one another as the perpetrator.  But no witness, physical, forensic, or other evidence suggests Manuel ever hurt this or any other child.

Day 1 of Velez Innocence Hearing: A Family Comes to Court for Justice

By Brian Stull, ACLU Capital Punishment Project at 12:34pm

The façade of the U.S. Supreme Court bears the motto “equal justice under law.” But that ideal is not confined to our high court. People across this nation seek out the courts for equal justice

Project Liberty Takes on Indigent Defense

By Lauren Alexander, ACLU of New York at 11:19am

Project Liberty, the New York Civil Liberties Union very own television show, is back and broadcasting across New York State. Our fourth episode highlights the NYCLU’s relentless fight to guarantee that New York’s criminal justice system respects the rights of all New Yorker’s, not just those who can afford their own Johnny Cochran.  

This episode marks five years since we filed Hurrell-Haring v. State of New York – our landmark, class-action lawsuit challenging New York’s failed system for providing effective legal counsel to poor people accused of crimes.

Could Manuel Velez be the 13th Prisoner Exonerated from Texas’s Death Row?

By Brian Stull, ACLU Capital Punishment Project at 2:31pm

Imagine you are caring for a toddler and suddenly he stops breathing.  You quickly get him medical aid, but it’s too late: the child dies at the hospital where medical personnel were unable to revive him.  That would be a horrific nightmare for anyone, but things got even worse for Manuel Velez when this happened to him in Brownsville, Texas, on Halloween in 2005.

New Film Highlights the Gross Injustices of the West Memphis Three Case

By Anna Arceneaux, Staff Attorney, ACLU Capital Punishment Project at 3:44pm

In June 1993, Damien Echols, 18, Jason Baldwin, 16, and Jessie Misskelley, 17, who would come to be known as the “West Memphis Three,” were wrongfully arrested for the murders of three young boys in the small Arkansas town of West Memphis, just across the Tennessee border.

You may be familiar with HBO’s Paradise Lost three-part series on the case, which helped expose the gross injustices that led to the convictions against these three young men – and a death sentence against Damien – for crimes they did not commit. Now, a new, powerful documentary,West of Memphis, tells the story from the defense team’s perspective as the prosecution’s case against the three teenagers unravels.

Replace the Death Penalty in California

By Rachel Myers, ACLU at 2:55pm

Imagine for a minute that all the public busses in California sat dormant in a parking lot, never to run again. Imagine that the public schools sent all the kids home for good. Imagine also that state’s hospitals shuttered their doors and turned the ill away. Now imagine that, despite a total shutdown of the transportation, education and health care systems, California taxpayers still paid millions every year to fund these non-functioning systems.

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 10:43am

Today, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it’s ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we’ve spotted from the previous week. Check back weekly for our top picks.

VICTORY! One Less Person Faces Execution in Alabama

By Anna Arceneaux, Staff Attorney, ACLU Capital Punishment Project at 5:13pm

One less person faces possible death at the hands of Alabama’s arbitrary capital punishment system, after the State agreed to stop seeking the death penalty for ACLU client LaSamuel Gamble late last week. Gamble, who has been on death row for nearly 16 years, was resentenced to life in prison without parole.

Gamble was a mere 18 years old when he accompanied his 16-year old friend Marcus Presley on a robbery of a pawn shop just outside of Birmingham. During the robbery, Presley shot and killed the two employees at the store. Both Gamble and Presley received death sentences for the crime, but Presley’s sentence was converted to life when the U.S. Supreme Court ruled in 2005 that the death penalty could not be imposed on defendants who were under 18 at the time of the crime.

Texas Court Upholds Death Sentence of Innocent Man Although "There is Something Very Wrong" with Case Against Him

By Brian Stull, ACLU Capital Punishment Project at 10:06am

With an opinion yesterday from the Texas Court of Criminal Appeals, ACLU client Max Soffar moves a step closer to an unjust execution.  And, little more than one year after the execution of Troy Davis, our system moves closer to another miscarriage of justice. 

Soffar is an innocent man on Texas’s death row, who falsely confessed to crimes he didn’t commit.  He’s been there most of the last 32 years after being convicted of killing three people in a 1980 Houston bowling alley robbery. His conviction was based entirely on false words from his own mouth.