The Hon. Frank O'Bannon
Governor
Office of the Governor
State House Room 206
Indianapolis, IN 46204-2797
Dear Governor O'Bannon:
We write to urge you to grant clemency or to temporarily stay the execution of Darnell Williams in order to conduct additional forensic testing. Mr.. Williams is scheduled to be executed on August 1, 2003, despite compelling evidence that he was not the person who fired the gun that killed Henrietta and John Rease. In fact, the evidence is so compelling that the trial prosecutor, Thomas Vanes, known for his zealous prosecution of capital cases, has filed an affidavit requesting that DNA testing be conducted to determine if Mr.. Williams was the actual killer. Significantly, Mr.. Vanes has never made such a request in a capital case. Additionally, more than one juror has joined in requesting that DNA testing be done.
The State's case for executing Mr.. Williams is based on the argument that he was the person who shot the Reases because blood was found on his pants. Williams' original trial lawyer, however, was unprepared to defend against this argument and evidence, because he failed to notice this information during his investigation of the case.
The lawyer's defense strategy at trial was based on his belief that no blood was found on Williams' shorts. But a state serologist had found three blood spots on Williams' shorts that were consistent with that of the murder victims, Gregory Rouster, and 45 per cent of the population. Although the serologist's report had been given to defense counsel before the trial, he overlooked the expert's findings.
When the prosecutor argued midway through the trial that blood on Williams' shorts was key evidence pointing to his participation in the murders, Williams' defense lawyer was taken by surprise. Because the defense lawyers had not hired their own experts, they were limited in what they could effectively present to the jury to undermine the importance that the state placed on the blood evidence.
Now, newly discovered information from the state serologist's notes - notes that had not been provided to either the prosecutor or the defense attorney - suggests that the blood on the shorts may not have come from the victims after all, and could support Darnell Williams' claim that he was not present at the shootings.
His appeal lawyers have sought to have the blood subjected to modern DNA testing techniques, not available at the time of trial. The trial prosecutor has supported this request, stating in a 2003 affidavit ""in light of this new information, DNA testing should be utilized to determine the truth about the scientific evidence that played a key role in this capital case"". He concluded that ""if DNA testing shows that the blood on Williams' shorts is not that of the victims, the issues of the degree of Mr. Williams' participation in the murders and his culpability for capital murder should be reassessed"". The Northwestern Law School's renowned Center on Wrongful Convictions in Illinois also supports DNA testing in this case, however, the courts have denied the request.
In addition to missing key forensic evidence, Williams' lawyers failed to review and present to the jury, the statement of a witness who says Williams was seen outside the victim's house at the time the fatal shots were fired. Moreover, Williams attorney failed to investigate and present important mitigating evidence in his case, including the fact that he suffered brain damage at birth and his need for special education services, his violent and abusive father and his chaotic and impoverished upbringing.
Finally, three young men and a woman were charged with the murder of the Reases. Of those, Williams is the only defendant who faces execution. One of the defendants was acquitted; the charges were dropped against another who testified for the state. Mr.. Williams' co-defendant, Gregory Rouster's death sentence has been commuted to life, because he has mental retardation and cannot legally be punished with death.
Please grant Mr.. Williams' clemency, or at the very least, a temporary stay to allow for DNA testing, which will provide new information about Mr.. Williams' culpability.
Thanks for your consideration.
Sincerely,
Rachel King John Krull
State Campaign Coordinator Executive Director
American Civil Liberties Union Indiana Civil Liberties Union
Capital Punishment Project