Death Penalty and Race

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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

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.

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.

North Carolina's Historic Racial Justice Act Gutted

By Sarah Preston, ACLU of North Carolina at 2:42pm

The North Carolina General Assembly voted yesterday to override Gov. Bev Perdue's veto of SB 416, a bill that essentially guts the Racial Justice Act (RJA), meaning the destructive bill will become law. The RJA was an historic piece of legislation designed to address the disturbing role that race plays in the death penalty by allowing defendants in capital cases to use statistical evidence to show racial bias in the system. SB 416 cripples the ability of the RJA to address systemic racial discrimination by repealing the provision that allowed defendants to file claims showing statewide discrimination in sentencing and jury selection.  

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