American Civil Liberties Union

Monday, a “special master” in St. Louis begins review of the case of Reggie Clemons to determine if his trial was fair and his death sentence is just.   Reggie Clemons is on Missouri’s death row for murders he did not commit.

An almost-certainly innocent man was spared from death at the hands of the state of Texas yesterday when the highest criminal court in Texas threw out the death sentence of ACLU client Manuel Velez, ruling it was based on the false testimony of a state expert.

A man named John Gordon was hanged by the state of Rhode Island in 1845. The concern about the fairness of his execution was so great that seven years later, Rhode Island became the second state in the country to abolish the death penalty. No person in the state has been executed since. For inexplicable reasons, the U.S. Department of Justice seems hell-bent on changing that.

Almost two years ago, Jason Wayne Pleau robbed and murdered a gas station manager who was making a bank deposit in Woonsocket, Rhode Island. Pleau was taken into state custody on probation violation charges, and since then he has, through his attorneys, agreed to serve a sentence of life imprisonment without parole for this heinous crime. However, the U.S. Attorney doggedly pushed to have him turned over to federal custody (because the crime involved a bank) where he could be punished with the death penalty. Rhode Island’s governor, Lincoln Chafee, a staunch opponent of capital punishment, refused to turn over Pleau, but a federal appeals court recently ordered him to do so. On Monday, it was announced that the U.S. Government would indeed bring Pleau to trial and seek death.

Last week, the Rhode Island ACLU announced its disappointment with a federal circuit court's decision overturning Gov. Lincoln Chafee's efforts to prevent the institution of federal death penalty charges against Jason Wayne Pleau, whom Rhode Island was already prosecuting in state court. We join that sentiment here.

Pleau has been charged with the robbery and murder of a gas station manager who was making a bank deposit. Rhode Island, like every other state, has laws designating these crimes as murder and robbery, courts in which to prosecute the crimes and prosecutors and defense attorneys ready to work the case. But because the victim was making a bank deposit, and bank robberies violate federal criminal statutes, the crime could also theoretically be prosecuted in federal court.