“Willie wouldn’t bust a grape.”

Posted on June 12, 2016 by Justice for Willie

Today Willie Jerome Manning is 48. This is his 23rd birthday on death row.

When Willie was a child there was little money to celebrate birthdays. A childhood friend of his family, David Skato, recalls the ‘poverty stricken’ community where they were growing up, and where everyone was just trying to survive. He describes Willie as a nice guy who ‘wouldn’t bust a grape’ and ‘would give you the shirt off his back’.*

Skato was not alone in finding the young Willie likeable. For instance, in an affidavit made in 2001, Mary Prater stated she would have acted as a character witness for Willie (sometimes known as Jerome) at his trial:
“Jerome was not someone who was considered violent or who got into fights. I remember one time when Jerome was about 15 years old, we were all at the skating rink, and someone wanted to fight Jerome. Jerome, however, just walked away. That was basically how he was…
I like Jerome a great deal and would have been happy to have spoke to his lawyers at the time of his trial. His lawyers, however, did not talk to me about any aspect of his upbringing or character.”**

These descriptions suggest that Willie was a warm, caring and self-disciplined youngster, despite the disadvantages that he faced. He continues to care about others: his most treasured birthday gifts are vouchers that improve the lives of people living in poverty around the world.

Willie deserves happiness in the days, months and years ahead. We hope he finds moments of happiness today. We wish him a happy birthday.

We wish Willie Manning a happy 48th birthday today, June 12 2016.

*On the day before Willie’s scheduled execution in May 2013, Blog Talk Radio’s “The Other Side of Justice” featured a program about Willie, Dead Man Walking. The Willie Manning Case. In it Vincent Hill, a private investigator and ex-policeman, interviewed Willie’s childhood friend, David Skato, about the prosecution’s version of what happened when the two students were murdered. The interview does not start properly until 4 minutes into the recording. The passage about Willie as a young person starts at 5.50.
**See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Oktibbeha County Circuit Court on October 8 2001, Exhibit 38.
Posted in African American, capital punishment, criminal justice, death peanlty, defense attorneys, Fly Manning, Mississippi, USA, Willie Jerome Manning, Willie Manning | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

Willie’s Birthday: Another Year Endured

Posted on June 1, 2016 by Justice for Willie

June 12, 2016, will mark Willie Jerome Manning’s 48th birthday. He has been held in a tiny cell on Mississippi’s death row since he was a young man of 26. It is difficult to imagine anyone more worthy of receiving a birthday card than Willie.

Three years after he narrowly avoided execution, Willie is still waiting for the results of DNA testing related to his remaining case. It has been a long and difficult wait. Conditions on Mississippi death row are extremely harsh. And during the last few months there have been extended periods of additional restrictions, including lengthy lockdowns.

Willie has always claimed innocence in his remaining case, as he did in the case for which he has been exonerated. In the latter case, perjury/false accusation and official misconduct helped to convict him. 

If you would like to help lift Willie’s spirits this month, it is easily achieved: any communication with the world outside proves to him that he is not forgotten. You can mail him a birthday card or birthday wishes, addressed to:

Willie Manning,
U/29/J 71931,
Parchman,
MS 38738,
USA

The sender’s full name and address must be written in the top left hand corner of the envelope. Cards must not have a double layer where something could be concealed. Even a postcard must be sent in an envelope. Be aware that letters may be read as part of the prison monitoring process. Letters sent from overseas should have an airmail sticker, to reduce the possibility of delays.

And thank you for keeping Willie in your thoughts and prayers.

If anyone would like to contribute money to Willie’s prison account, this can be done simply through the ‘JPay’ website. Willie’s ID number is 71931.
Posted in capital punishment, criminal justice, death penalty, Death Row, Fly Manning, Mississippi, Mississippi State Penitentiary Parchman, USA, Willie Manning | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

A Critical Turning Point

Posted on May 18, 2016 by Justice for Willie

Last week the pharmaceutical company, Pfizer, announced it was prohibiting the use of its chemicals as execution drugs: thus was the US death penalty brought to a new juncture. As the human rights organisation, Reprieve, commented:  

“This is a critical turning point in the history of capital punishment in America. From today, all FDA-approved manufacturers of all potential execution drugs – a diverse group of 25 global companies – have blocked their sale for use in executions.”

States that cling to the death penalty, as Mississippi does, are now limited to the shadowy world of unregulated compounding pharmacies or overseas-based straw companies for their attempts to procure execution drugs. But their deadly intent is likely to be restrained by the increasing risk to them of intense scrutiny and legal action. Even though a secrecy bill, designed to protect compounding pharmacies from reprisal, was recently signed into law by Governor Bryant, it may prove difficult for Mississippi to persuade pharmacists to act against the advice of their professional organizations.

Some states have legalized alternative execution methods e.g. the firing squad, gas chamber or electric chair. But in Mississippi the Senate has dropped a proposed amendment to the secrecy bill which would have authorized execution by firing squad. 

So for now Willie Manning and the other inmates of Mississippi’s death row are safe from execution. We welcome this news.

Posted in capital punishmant, criminal justice, death peanlty, Death Row, execution drugs, executions, Fly Manning, lethal injections, Mississippi, USA, Willie Manning | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

You either have it or you don’t.

Posted on May 12, 2016 by Justice for Willie

Three years ago, on May 7 2013, Willie Manning narrowly avoided execution. Tucker Carrington, founding director of the Mississippi Innocence Project and law professor at the University of Mississippi, has expressed what many people feel about Mississippi’s attitude towards Willie:

“In my mind, the state had written Willie off. ‘Who gives a f*** about this guy? He’s already condemned. We know he’s the type of person who’s capable of doing this. It’s him.’”

Ex-policeman, Vincent Hill, agrees:

“I think Mississippi is one of those status states where you either have it or you don’t, and if you don’t, we don’t care about you. So here you have Willie, from the projects of Mississippi, and then you have these two Mississippi State University students, who, you know, were up and coming, and… ‘This type of project guy has done it, and we need to close it, we need to close it fast, and this guy doesn’t matter anyway.’”*

Last week the news from a different death penalty case helped to confirm Mississippi’s disregard for “low status” people. We learned that Eddie Lee Howard, convicted largely on the basis of bite mark evidence (since discredited) can now be “excluded as contributing male DNA to the stabbings from the butcher knife blade” found at the murder scene in his case. Howard is black, and has a history of mental illness. The evidence against him was always thin, but it seems that Howard, like Willie, was so insignificant that the state was unconcerned.

We trust that Eddie Lee Howard will find justice, with the support of the Innocence Project. And we trust that Willie, too, will soon be able to convince a court of his innocence. It is time for his ordeal to end.

*On the day before Willie’s scheduled execution in May 2013, Blog Talk Radio’s “The Other Side of Justice” featured a program about Willie, Dead Man Walking. The Willie Manning Case. In it Vincent Hill, a private investigator and ex-policeman, interviewed Willie’s childhood friend, David Skato, about the prosecution’s version of what happened when the two students were murdered. The interview does not start properly until 4 minutes into the recording. The passage quoted here starts at 29.05.
Posted in capital punishmant, criminal justice, death penalty, Fly Manning, Injustice, Mississippi, status, USA, Willie Jerome Manning, Willie Manning | Tagged , , , , , , , , , , , , , , , , , , , | 1 Comment

Nobody’s that Stupid

Posted on April 28, 2016 by Justice for Willie

For the second time, the Mississippi Supreme Court has asked for an update on the progress of Willie Manning’s remaining case. So far there has been no response from Willie’s lawyer or the Attorney General’s office.

We should, anyway, be cautious about the results of the DNA testing related to Willie’s case:
‘“DNA” does not transcend mundane, organizational practices or the possibilities that reside in stories of a crime.’ *

An ex-policeman, Vincent Hill, has talked on Blog Talk Radio**, using his professional experience to offer insights about the ‘stories’ of Willie’s case. Some of these we have already described: see here and here and here. 

Another of Hill’s observations relates to a jacket which the prosecution attempted to link to Willie. The prosecutors theorized that Willie murdered two students after being interrupted during a car burglary; they said that a jacket stolen from the car was in Willie’s possession. The evidence for this was very weak. It was Willie’s former girlfriend, Paula Hathorn, rewarded very handsomely by the State for her assistance, who provided the connection to Willie:

“Sheriff Dolph Bryan testified at trial that on or about April 27, 1993, he saw Paula Hathorn around the courthouse and asked to see her. When they eventually met, the sheriff asked her whether Willie Manning had a leather jacket. Paula responded that Manning had given her a jacket. T. 687. She provided the sheriff with the jacket…”***

A recording made secretly by the sheriff indicated that law enforcement actually believed that Willie had bought this jacket:
Willie Manning (speaking during a telephone conversation with Paula Hathorn: “See Bone [Deputy Sheriff Jesse Oden] came back, I mean Bone came in our house ’bout two months ago saying that somebody told him I bought the jacket off the street. He never came back after that so I didn’t think nothing of it which I was thinking about that long brown jacket.”****

Moreover, the owner of the burglarized car, John Wise, appeared far from certain when claiming that the jacket was the one that had been taken from his car: initially he was unable to identify it.†

Ex-policeman Vincent Hill, mistakenly assumed that the allegedly stolen jacket belonged to one of the victims; nonetheless, his point that a perpetrator would not have been wearing an incriminating jacket openly is valid:
VH: If I’ve just shot two people and I know I’m wearing the victim’s jacket, I’m not even going to be wearing that jacket. Period. I’ll burn the jacket, I’ll give it to someone else, but I’m not going to walk around like, “This is my trophy. Yes, I’ve just shot this guy in the back of the head, and shot his girlfriend twice in the face. And, by the way, I’m so bold I’m going to walk around in his jacket.” No way. No way. Nobody’s that stupid. I don’t care what walk of life you’re from, nobody’s that stupid, to do something that ridiculous.‡

Once again, Hill’s insight is helpful. Yet again, a ‘story’ from the crime suggests Willie’s innocence. We trust the judges will take note. 

*Michael Lynch, Simon A. Cole, Ruth McNally and Kathleen Jordan:  The Truth Machine: the Contentious History of DNA Fingerprinting (The University of Chicago Press, 2008), P. 346 
**On the day before Willie’s scheduled execution in May 2013, Blog Talk Radio’s “The Other Side of Justice” featured a program about Willie, Dead Man Walking. The Willie Manning Case. In it Vincent Hill, a private investigator and ex-policeman, interviewed Willie’s childhood friend, David Skato, about the prosecution’s version of what happened when the two students were murdered. The interview does not start properly until 4 minutes into the recording.
 *** See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Mississippi Supreme Court on December 16, 2004, page 4 (P. 69 of documents archived at this link).
****See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Mississippi Supreme Court on December 16, 2004, page 8 (P. 73 of documents archived at this link).
†See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Oktibbeha County Circuit Court on October 8, 2001, page 13, ¶34 (P. 32 of documents archived at this link).  
‡See Dead Man Walking. The Willie Manning Case, 1:10:30.
Posted in capital punishmant, criminal justice, death peanlty, Fly Manning, Injustice, innocence, Mississippi, USA, Willie Jerome Manning, Willie Manning, wrongful convictions | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

This Matters To Us All

Posted on April 15, 2016 by Justice for Willie

“When injustice happens to one person, it matters to us all.”
So says the international human rights group, Amnesty International.* Thus people all over the world are urged to note the predicament of Willie Jerome Manning, whose two cases both feature in Amnesty International’s recent report about global death sentences and executions in 2015.

In a section about exonerations in the USA, the report refers to Willie’s exoneration in his 1993 case:
“On 12 February [2015] the Mississippi Supreme Court granted a retrial to Willie Manning, after it ruled that the prosecution did not disclose key evidence that could have invalidated a witness’ testimony and proved his innocence. The prosecution dropped charges against him on 21 April.”  (pp 23 – 24)

Willie’s unconnected 1992 case is also mentioned:
“Willie Manning came close to execution in 2013 in relation to another murder conviction, for which he remained on death row at the end of 2015. The 2013 stay of execution was granted after the US Department of Justice reviewed forensic evidence against him and found it flawed.” (p. 24)

As Willie waits for the results of DNA testing related to this second conviction, it is heartening to know that throughout the world Amnesty members and supporters know about Willie and are thinking of him.  We trust they will not have long to wait before he is finally free.

*The Amnesty report also notes the USA’s position as a global outlier in retaining the death penalty and in contravening international law and standards:
“169 (88%) of the 193 member states of the UN were execution-free in 2015.” p.10
The USA was reviewed under the UPR [Universal Periodic Review of the human rights records of all 193 UN Member States] on 11 May [2015]. The USA did not accept recommendations to establish a national moratorium on executions with a view to abolishing the death penalty.” p. 25
“The USA continued to use the death penalty in ways that contravene international law and standards, including on people with mental and intellectual disabilities.” p. 21
Posted in Amnesty International, capital punishmant, criminal justice, death penalty constitutionality, exonerations, Fly Manning, Mississippi, USA, Willie Jerome Manning, Willie Manning | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

Why was there no Blood?

Posted on March 30, 2016 by Justice for Willie

A radio blog recorded on the eve of Willie Jerome Manning’s scheduled execution in May, 2013, is illuminating: a private investigator and former policeman re-examines the evidence in Willie’s 1992 case, finding many omissions and inconsistencies.*

The investigator on the blog, Vincent Hill, believes the murders were committed in a moment of passion, rather than as an afterthought during a burglary for which police decided Willie was responsible. Hill also highlights the unlikelihood that Willie could have made the long journey from the crime scene to his home without a car. 

Perhaps even more telling is Hill’s insight about the lack of blood on Willie’s clothing:

“You’ve got the ex-girlfriend who I assume was either living with Willie at the time or he was living with her, or whatever – you’ve got her saying that Willie was shooting a gun right after this and right before, but not only did she not testify to say, “Yeah, I picked him up 40 miles away”** – also not saying he brought his clothes home and there was blood spattered all over… there was blood all over his clothes.***

Because you cannot stand behind someone and shoot them in the head, and then stand in front of someone and shoot them in the face and not get any blood on your clothes. Even in 1992 it was impossible. We have no witness to say he had blood on his clothes.”

Hill’s observations are astute. Willie’s ex-girlfriend, Paula Hathorn, was secretly recorded by law enforcement when she was talking to Willie; during this conversation she accepts without question Willie’s assertion that he came back to the home where they both lived from the 2500 Club on the night of the murders. (Willie’s account is further supported by the testimony of another witness, Lindell Grayer, who told the court that he picked Willie up from his home on the morning of December 11 and gave him a ride into town.)***

 In accepting Willie’s narrative as correct, Hathorn says nothing about there having been blood on his clothing.**** The omission is shocking and should be noted. It is time for Willie to be heard.

*On the day before Willie’s scheduled execution in May 2013, Blog Talk Radio’s “The Other Side of Justice” featured a program about Willie, Dead Man Walking. The Willie Manning Case. In it Vincent Hill, a private investigator and ex-policeman, interviewed Willie’s childhood friend, David Skato, about the prosecution’s version of what happened when the two students were murdered. The interview does not start properly until 4 minutes into the recording. The passage quoted here starts at 30.10.
**30 – 40 miles was the estimate of Hill’s interviewee, David Skato, of the distance from the crime scene to Willie’s home. In fact, court documents give the distance as ten miles.
See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in the Circuit Court for Oktibbeha County Circuit Court, on October 8 2001, page 14, 38 (page 33 of documents archived at this link)
***See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Mississippi Supreme Court on December 16 2004, page 10 (page 75 of documents archived at this link)
****Hathorn, testified at trial that Willie was away from home from December 9 until December 14. However, when she was secretly recorded talking to Willie she
“did not dispute in any way Manning’s contention that he was at the 2500 Club the night of the students’ death and that he came home after being at the club.”  See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Oktibbeha County Circuit Court on October 8 2001, page 47, ¶130 (page 66 of documents archived at this link)

 

Posted in African American, capital punishmant, criminal justice, death penalty, Fly Manning, law enforcement, miscarriages of justice, Mississippi, police, USA, Willie Jerome Manning Mississippi Death Row, Willie Manning, witness testimony, wrongful convictions | Tagged , , , , , , , , , , , , , , , , , , , , | 1 Comment

How Would Willie Have Gotten Home?

Posted on March 16, 2016 by Justice for Willie

Ex-policeman, Vincent Hill, has grave concerns about the police investigation that followed the murders of which Willie Manning is convicted. Hill believes that the murders of two Mississippi State University students had the stamp of a crime of passion, as opposed to the interrupted burglary that the police formulated to account for the murders.

Speaking to Willie’s childhood friend, David Skato, Hill explains another of his concerns:

16:30*
VH Now let me ask this. This was at Mississippi State that this occurred?
DS: Correct.
VH: Now how far was Willie living from Mississippi State at the time?
DS: Hmm, let’s see, probably that is about, it’s probably between 15 and 20 miles.
VH: OK. So, I guess my next question is, “He forces the victim into his car. Did police find the victim’s car at Willie’s house?
DS: No.
VH: So I guess we can assume… Where was the car found at?
DS: The car was found in the rural area where the bodies were.
VH: And how far is that from Willie’s house?
DS: Wow! THAT is far. Probably between 30… 30 odd miles… maybe 30, 40 miles.**
VH: So back to the ex-girlfriend… Did she ever tell police that he called me on Dec 11 from the payphone… and told me to drive 40 miles to pick him up?***
D.S.: I’ve never heard anything about that.
V.H.: OK. How would Willie have gotten from the rural area back to his house in the dead of night in December? And I know it gets pretty cold in Mississippi in December. To walk 40 miles is just a far stretch for anybody. I would hope that somebody along the way would have brought this up to say, “Well if the car was found by [i.e. next to] the victims, how did Willie get home?” … I’ve read a lot of reports that said this jailhouse witness said he confessed, this one said he had the gun, this one said this and that – not one person said this is how he got from the crime scene back to his house. So I think that’s a huge factor missing out of this case.

This is just one of the many missing factors in the prosecution’s version of events. It is time to admit this. It is time for justice for Willie.

*On the day before Willie’s scheduled execution in May 2013, Blog Talk Radio’s “The Other Side of Justice” featured a program about Willie, Dead Man Walking. The Willie Manning Case. In it Vincent Hill, a private investigator and ex-policeman, interviewed Willie’s childhood friend, David Skato, about the prosecution’s version of what happened when the two students were murdered. The interview does not start properly until 4 minutes into the recording. 16.30 indicates the timing of this extract on the audio.
**Skato seems to have overestimated this distance, which court documents give as ten miles, still a long way to walk.
See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Oktibbeha County Circuit Court on October 8 2001, page 14, ¶38 (page 33 of documents archived at this link).
***Willie’s ex-girfriend, Paula Hathorn, testified at trial that Willie was away from home from December 9 until December 14. However, when law enforcement secretly recorded her talking to Willie she
“did not dispute in any way Manning’s contention that he was at the 2500 Club the night of the students’ death and that he came home after being at the club.”
See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Oktibbeha County Circuit Court on October 8 2001, page 47, ¶130 (page 66 of documents archived at this link).
Willie’s account is further supported by the testimony of another witness, Lindell Grayer, who told the court that he picked Willie up from his home on the morning of December 11 and gave him a ride into town.
See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Mississippi Supreme Court on December 16 2004, page 10 (page 75 of documents archived at this link).
 
 
Posted in capital punishmant, death penalty, Fly Manning, Mississippi, USA, Willie Jerome Manning, Willie Manning, wrongful convictions | Tagged , , , , , , , , , , , , , , , , , , , , , | 2 Comments

A Crime of Passion

Posted on March 2, 2016 by Justice for Willie

The Mississippi Supreme Court has asked Willie Manning’s lawyer and the Attorney General’s office for “an update on the DNA screening and testing results in [Willie’s remaining] case”. So far this has not been forthcoming.

However, the authors of The Truth Machine* urge us to be cautious about DNA results, and to consider them in relation to what they call “the possibilities that reside in stories of [the] crime”. One of the “stories” suggests that the 1992 murder of two Mississippi University students was a crime of passion, not a robbery. Ex-policeman Vincent Hill, explains this theory as he talks to Willie’s childhood friend, David Skato.**

12.35
VH: I’ve worked a few stolen car reports in my police day, and heard of carjackings, but it never really ends up to be – you know – if it’s a robbery, it is what it is. It doesn’t necessarily end up to be, “I’m going to drive you out in the woods and I’m going to shoot the boyfriend execution style and I’m going to shoot the female twice in the face at close range.” That sounds more of a personal crime, you know, in my opinion, you know, it takes a special person to actually look at someone, shoot them twice in the face and not have known them…
50:10
VH: …I think if it was a robbery it would have happened right there, and there would have been no ride into the woods, and “I’m going to shoot the boyfriend in the back of the head, execution style, and then I’m going to run him over because I hate him so much, even though I’ve just met him 10 minutes ago, and then I’m going to shoot the girl in the face”.
DS: And even the court docket says “run over at a slow speed”, you know. What is that? I mean – I don’t want to put it out there – but that’s a crime of passion. Something else is going on.
VH:  No, I agree one hundred per cent. And you’re right, cos if it’s a robbery he’s trying to get out of there as fast as possible, you know, he’s not going to have time to, “Let me run over them really, really slow, just so  I can make sure that they’re dead,” you know – it just… No, it doesn’t make sense. You’re absolutely right. I do believe that was a crime of passion. Unfortunately, I’ve said it, and I’ll say it again – there’s someone out there that has gotten away with this murder, because just looking at the wounds, especially to Tiffany, they were personal.*** They were personal, they were personal, you know. That does not happen in a robbery. It just doesn’t happen.

This argument sounds compelling. We trust it will be heeded.

**Michael Lynch, Simon A. Cole, Ruth McNally and Kathleen Jordan   The Truth Machine: the Contentious History of DNA Fingerprinting (The University of Chicago Press, 2008), p. 346
**On the day before Willie’s scheduled execution in May 2013, Blog Talk Radio’s “The Other Side of Justice” featured a program about Willie, Dead Man Walking. The Willie Manning Case. In it Vincent Hill, a private investigator and ex-policeman, interviewed Willie’s childhood friend, David Skato, about the prosecution’s version of what happened when the two students were murdered. The interview does not start properly until 4 minutes into the recording. Timings on the audio are indicated in the text.
***Sheriff Dolph Bryan testified, “[ t ]here’s no doubt in my mind that the man that killed Tiffany Miller tried to rape her.”. (See Willie Jerome Manning’s Petition for Post-Conviction Relief, filed in Oktibbeha County Circuit Court on October 8 2001, page 13, ¶ 37.) 
Posted in crime of passion, homicide, Willie Jerome Manning, Willie Manning | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

Three Setbacks and a Death

Posted on February 20, 2016 by Justice for Willie

US Supreme Court Justice Scalia, who died last week at a luxury ranch in Texas, would have welcomed three recent setbacks for death penalty opponents in the administration of the death penalty in Mississippi. Last year, Justice Scalia joined the majority of the SCOTUS Justices in upholding Oklahoma’s wish to use midazolam as a lethal injection drug, despite huge doubts about the drug’s efficacy*. And earlier this month a Fifth Circuit Court drew on that SCOTUS opinion when it lifted an injunction blocking executions in Mississippi. Fifth Circuit Judge Jennifer Walker Elrod wrote:
“The three-drug protocol and the particular drugs Mississippi proposes to use (midazolam, a paralytic, and potassium chloride) are typical for those states that use lethal injection and were recently upheld in the face of a constitutional challenge.” (italics added)

Fortunately, executions are unlikely to be resumed in Mississippi any time soon. Lawyers at the MacArthur Center, representing the three inmates who raised objections to the drugs, are expected to continue their fight against the state’s proposed execution protocol. 

The late Justice Scalia would also have supported the other two recent developments in Mississippi that have disappointed death penalty opponents. Last year he backed the statement,
“Because the death penalty is constitutional there must be a constitutional way of carrying it out.” (Glossip et al. v. Gross et al., Syllabus, page 1)
So he would have approved the move last month by Mississippi Attorney General, Jim Hood, towards allowing Mississippi to use alternative execution methods.

And he would have approved of the bill that has just passed the Mississippi Senate, designed to keep secret the “identities of all members of the execution team, the supplier or suppliers of lethal injection drugs, and the identities of those witnesses… the information is exempt from disclosure under the provisions of the Mississippi Public Records Act of 1983.”

Amid a shortage of some lethal injection drugs, the main, unstated aim of the bill is probably to encourage a compounding pharmacy to make and sell a drug to the state. By descending into secrecy Mississippi joins other states that have passed similar laws, resulting in what Andrew Cohen calls
“a nearly complete abdication of the judiciary’s role to ensure that capital punishment is neither arbitrary nor capricious”.
The bill may well attract a legal challenge, as it has in other states, for instance, in Arkansas and Missouri.

With three setbacks in quick succession, it is sadly ironic that a death offers the best hope that the death penalty in Mississippi will end. Justice Scalia’s death “leaves the [US Supreme C]ourt split evenly on capital punishment”, and his eventual replacement, even if a Republican, is “unlikely to be as much of a pro-death penalty firebrand as Justice Scalia.”

We hope that a test case will be brought to the US Supreme Court soon. And we trust that Willie Manning and his fellow death row inmates will soon be celebrating an end to the death penalty throughout the USA.

*See Justice Sotomayor’s dissent in Glossip et al v. Gross et al regarding the ‘expert’ on midazolam relied on by the majority: “Dr. Evans’ conclusions were entirely unsupported by any study or third-party source, contradicted by the extrinsic evidence proffered by petitioners, inconsistent with the scientific understanding of midazolam’s properties, and apparently premised on basic logical errors.

 

Posted in capital punishmant, death peanlty, executions, Fly Manning, Justice Scalia, lethal injection drugs, Mississippi, secrecy, US Supreme Court, USA, Willie Jerome Manning, Willie Manning | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment