I spent 3 years shadowing an investigator, as she sought to save the life of a death row prisoner — by telling the story of that life, from a Great Migration childhood to a Rikers adolescence.
A story of trauma, mercy, and the mysteries of violence:
#Breaking
: Oregon governor Kate Brown pardons around 45,000 people convicted of marijuana possession. The move also forgives $14 million in related fines.
Thinking today of all the Texas prisoners whose cells will be over 100 degrees this week.
We know from past heat waves that many won't make it out alive.
The state legislature just had another chance to pay for A/C, and again decided not to.
Thomas separately supports very stringent deadlines for death row prisoners, and when their lawyers fail to meet those deadlines — sometimes by just a day — he supports them being executed.
Here's
@bykenarmstrong
on these death row deadlines:
NEW: Supreme Court Justice Clarence Thomas received a 90-day extension for his 2022 financial disclosure report, according to the administrative office for the federal judiciary.
Reports are beginning to trickle out from America’s first nitrogen execution, tonight in Alabama. State officials predicted it would go calmly. Here’s what one reporter saw:
This really should have gotten more attention: Women in an Indiana prison became history scholars — and wrote the history of their very own institution. Incredible.
From
@cjnorwoodwrites
+
@19thnews
:
Big breaking news out of Virginia: the state is on the cusp of becoming the first in the South to abolish the death penalty, offering a template for Congress and other state legislatures to follow suit.
BREAKING: Virginia's Senate just voted to pass legislation abolishing the death penalty, 21 to 17 votes.
Virginia has been one of most pro-death penalty states in U.S. history. So this would be a historic development. Next up: the House still has to vote on it.
Many prison cells will basically turn into deadly ovens this week, after Texas legislators chose to not fund A/C.
“I don't have love for these people,” a corrections officer told me. But “incarceration is their punishment, not cooking them to death.”
A lawmaker just told a DA he should stop the execution of Melissa Lucio.
DA: it's up to judges.
What to expect:
Judges: the governor can step in
Governor: But judges vetted
Jurors: We didn't have all the facts
Executioners: We follow orders
This is how executions happen.
Sentenced to 27 yrs for selling drugs, Patrick Jones was trying to get out early so he could break the cycle and push his son towards a different life.
Instead, he became the first federal prisoner to die from COVID-19.
An obituary at
@MarshallProj
:
#BREAKING
: Marvin Guy is no longer facing the death penalty, for shooting a cop during a no-knock raid.
He claims he didn’t know it was a cop—and had a right to defend himself from intruders.
But he’s facing life w/o parole. So it’ll still be a fight.
This man makes 13 cents an hour as a prison janitor.
After working 136 hours, he donated $17.74 to relief efforts in Gaza.
Such a beautiful interview-essay by Aala Abdullahi:
Sheriffs are 90+% White, according to
@ColorOfChange
. These 6 counties elected their first ever Black sheriffs.
-Gwinnett, Cobb, Henry Co's in GA
-Strafford Co, NH (first in the state)
-Oklahoma Co, OK
-Fort Bend, TX
Am I missing any?
Imagine being on either end of this conversation.
Over at
@TexasTribune
,
@jsmcullou
shares the audio of Melissa Lucio learning her execution was called off.
Texas' Court of Criminal Appeals stayed Rodney Reed's scheduled execution, the same day the parole board recommended the governor grant him a 120-day reprieve, via
@jsmccullou
. -TM
If it weren't for Ayanna Brooks's bravery in telling her story — and her reckoning w/ the role of race in what happened — I wouldn't have been able to contribute this story to
@MarshallProj
/
@aldotcom
/
@indystar
's Pulitzer-winning series.
Thank you, Ayanna
This is horrifying to read.
A Stanford anesthesiologist wrote in with this description of what rats did when subjected to nitrogen gas, as death row prisoner Kenneth Smith will be on Thursday, for the first time in history.
2/ Both of the incoming sheriffs are Black, which breaks the pattern of overwhelmingly white sheriffs (as
@MauriceChammah
just noted).
It's also a direct parallel to NC in 2018, when roughly 5 new Black Democrats won sheriff's offices & ended ties with ICE.
This is huge news on the death penalty beat: Ohio just became the first state to ban the punishment for people with severe mental illness.
And it was a bipartisan effort.
Will others follow?
@MarshallProj
context:
#Breaking
: Melissa Lucio's lawyers filed a new petition in the top TX appellate court, accusing police and a TX Ranger of using "interrogation tactics that replicated the dynamics of domestic violence."
@MarshallProj
bkgd:
Utah could soon become the third state to ban lying to kids in the interrogation room.
Illinois and Oregon have already done so, but it's still legal in 48 states.
Sheriff Tom Dart’s “spokesman called me to angrily insist that I ‘make this story disappear’ after…I published a peer-reviewed study in Health Affairs that tied nearly 1 in 6 of all COVID-19 cases in Illinois to spread from Cook County Jail.”
I thought I'd heard every kind of alleged-wrongful-conviction story. But this one — featuring a famed Texas Ranger, lies, and hypnosis — shook me so much I spent a year investigating the detective's career.
Out today at
@MarshallProj
+
@dallasnews
:
Melissa Lucio faces lethal injection in April for the murder of her daughter.
There's evidence it wasn't a murder at all.
And there are signs Lucio 'confessed' because she'd learned — after years of abuse — to acquiesce to men with authority over her.
A woman uses drugs, then learns she's pregnant.
The hospital sends her medical records to police.
She's prosecuted for child endangerment — before the child was born, or she even knew about the pregnancy.
@caryaspinwall
on fetal personhood laws:
A big change for criminal justice in Los Angeles last night:
George Gascon beat DA Jackie Lacey. He's promised to re-open investigations of deaths at the hands of police, focus on rehabilitation/treatment, and not seek the death penalty.
"A man who later died of sepsis was accused of faking his pain and 'just whining'...A nurse quipped that a man dying from a brain bleed was 'just acting' and 'should get an Oscar.'"
@michaelsbarajas
/
@SophieNovack
on 100+ yearly deaths in TX jails:
The deputies pepper-sprayed the man until he said, “I can’t breathe.”
The autopsy said “sickle cell crisis,” but he didn’t have that disease.
The Texas Rangers, who “investigated” his death, didn’t dig further.
Incredible reporting by
@NicholeManna
:
Trump didn’t get a moldy sandwich or have to pee in a cup in an overcrowded bullpen.
While everyone else wrote his indictment and arrest today,
@MarshallProj
talked to people who went through the same process — but with much worse treatment.
BREAKING: Supreme Court rules 8-1 for John Ramirez, who wants his pastor to “lay hands” on him during his lethal injection.
This could halt lots of Texas executions, and suggests religion arguments can persuade an otherwise very pro-execution court.
Police raided Marvin Guy's house without knocking. He awoke to windows shattering.
Fearing for his life, he started shooting — and killed an officer.
He’s been in jail *nine years.* This week he goes to court.
If he loses, he faces life in prison.
#BREAKING
: The Marshall Project is officially unionized.
Our leadership voluntarily recognized the Marshall Project guild, and now we'll bargain with them over working conditions.
Do you work in media? Do you want to unionize? Get in touch. We love to talk shop.
INCREDIBLE NEWS: We have made an agreement with the leadership of
@MarshallProj
and we are officially a union! We are so excited to begin working toward our first contract.
A major new study of Louisiana murder cases — going back decades — finds prosecutors pursue the death penalty *more than five times as often* when the defendant is a black man and the victim is a white woman, controlling for numerous other factors.
One result of the DA election last night in St. Louis is that the death penalty will decline in Missouri as a whole. The county once ranked
#9
nationally for producing executions, but apparently the presumptive new DA Wesley Bell won't ever seek death.
Remember the online efforts to identify participants in the Charlottesville rally violence?
@SimoneJWei
and I wrote about it, and it turns out one of the men involved still hasn't been caught, leading
@ShaunKing
to continue his crusade.
Some personal news:
My first book, 'Let the Lord Sort Them: The Rise and Fall of the Death Penalty,' will be out 1/26/21 from
@CrownPublishing
, hopefully in a very different world.
You can read the description below, and pre-order it here:
As a journalist who spends all day on criminal justice, it's impossible for me to get how people 'unwind' with true crime and wrongful conviction docs. I get that people do, but I could never. I only watch the best ones, and see it as part of work, not play.
🚨🚨🚨NEW STORY ALERT: For 7 months, I’ve been investigating a tiny jail in Missouri.
The stories sound like a horror movie: ritualized fight nights, a man shouting as he died in a restraint chair, infected spider bites.
Up today at
@MarshallProj
:
Justice is not advanced by taking a life, and the state should not be in the business of executing people— even if a terrible crime placed them in prison. Today I am commuting all death sentences in Oregon to life without parole, so we no longer have anyone facing execution here.
It was quietly a bad night for the death penalty.
Although the Trump admin has pursued more executions than any president in decades, prosecutors promising to seek new death sentences less often, or not at all, won in:
-Los Angeles
-Orlando
-Austin
-Columbus
-Probably Phoenix
Every American should watch this account of today's execution in Oklahoma. Grateful we have reporters like
@apseanmurphy
willing to witness (and face the traumatic effects of) what most of us would turn away from.
I’m beyond excited and grateful to be releasing ‘Let the Lord Sort Them: The Rise and Fall of the Death Penalty’ into the world today.
It’s the product of ten years of interviewing and thinking about capital punishment.
An excerpt at
@MarshallProj
:
Victor Escalon, the Texas official who did this controversial presser in Uvalde, used to be a Texas Ranger — he's the same man who got a confession from Melissa Lucio, using tactics that her lawyers and scholars say exploited her trauma.
h/t
@ashleycdye
At this press conference, Texas DPS:
-lamented that investigators can't go home to hug their own kids
-contradicted their previous statements that shooter was confronted by school police officer
-declined to answer Qs in Spanish in a town where 60% of adults speak Spanish at home
Most people don't know this, but in 1993 SCOTUS said you can be executed even if you have new evidence that you're innocent (in Herrera v. Collins)
Yesterday, in Shinn v. Ramirez, the court said you *can't even bring that evidence into federal court.*
Rodney Reed's
@innocence
lawyers are accusing his judge of literally copy-pasting a prosecutor's arguments — in essence letting the state ghostwrite the judge's opinion.
This tracks with a big study of TX death row cases, covered by
@keribla
in 2018:
Big news: Democrats are mounting a big push in Congress to abolish the federal death penalty
@AyannaPressley
"said she has been in 'active conversation' w/ the Biden-Harris transition team about the issue, and that she is 'very optimistic'"
Next week, Alabama will attempt the first nitrogen execution in U.S. (and probably world) history.
I looked into what can go wrong. TL;DR: a lot. (Also CW: a lot.)
Man shows up at the ER with his unconscious 2-year-old.
Nurses and police think he's suspicious — but it turns out they're misreading signs of autism.
And now he may be executed despite new science pointing towards his possible innocence.
Universities have long propped up literary magazines that aren’t otherwise profitable.
Could they save local newspapers?
Iowa’s student paper just acquired two small weeklies in nearby towns, and they’re keeping the regular staff and supplementing with student journalists.
Today 40+ members of Congress led by
@AyannaPressley
(+ squad) asked Biden to a declare a moratorium on the federal death penalty on his first day in office.
This would be a big deal, esp considering Biden helped write death penalty laws
Alabama just scheduled the first execution using nitrogen gas in US history.
Shocked this got so little coverage.
“…a mask would be placed over the inmate’s nose and mouth and their breathing air would be replaced with nitrogen…”
I’ve been a huge fan of
@19thnews
since they launched, and so I’m thrilled they partnered with
@MarshallProj
on this story.
It’s about Melissa Lucio. But it’s also about how abuse can make women more vulnerable to coercive police tactics. Please read it:
COVID-19 cases per 100k people in the free world: 250
In U.S. prisons: 696.
That second number took a TON of labor to tell you. So proud of my
@MarshallProj
colleagues for pestering prisons over and over again during the last month.
A man in a Missouri prison sent me a "conduct violation report," showing that his friend faced a recommended punishment of ten days without phone calls, recreation, or library privileges.
The violation?
He yelled "Black Lives Matter."
A judge asked Nevada — which is trying to execute prisoners with fentanyl and ketamine — to provide info about four medical professionals who would be involved.
Afraid of public exposure, the four withdrew.
So now Nevada can't execute anyone.
Melissa Lucio’s kids wrote a letter to Texas governor Greg Abbott, asking him to halt her April 27 execution:
“Please allow us to reconcile with Mariah’s death and remember her without fresh pain, anguish, and grief.”
@MarshallProj
:
If you're watching Maricopa County anyway, pay attention to the race for district attorney.
Gunnigle promised reforms that drop the entire state of Arizona's prison population by 26%. Gunnigle is currently down by 4k votes, with 200k more to be released.
Just received word the Texas Court of Criminal Appeals has granted a stay of
#MelissaLucio
’s execution - remanding vital issues back to the trial court and securing justice for Melissa and for Mariah and the entire Lucio family. Praise God!
#txlege
More than 60 sheriff are publicly declining to enforce governors' orders, often allowing gyms, barbershops, and churches to reopen.
Their power has become a ticket to media stardom, but it's a power with roots in Reconstruction:
New at
@MarshallProj
:
This is a huge deal not only because it brings the number of states without the death penalty to 20, but its one of the only times abolition was explicitly tied to the racial disparities that
@NAACP_LDF
,
@ACLU
, and others have tried to highlight.
Because not enough happened this week: here's a story about how the Supreme Court made it easier to keep innocent people in prison.
From
@keribla
and
@schwartzapfel
at
@MarshallProj
:
Every time I report on juries, I am re-shocked by the fact that we pick a dozen random people, traumatize them through exposure to horrific facts, and hope they figure it out and get it *right.*
Often they don't:
The irony here is that by rushing through so many executions, Trump and Barr have actually galvanized opposition to the death penalty and shown how unpopular it is.
So if Congress abolishes the punishment this year, the president and AG will partially have themselves to thank.
Big news: Democrats are mounting a big push in Congress to abolish the federal death penalty
@AyannaPressley
"said she has been in 'active conversation' w/ the Biden-Harris transition team about the issue, and that she is 'very optimistic'"
Remember the guy who shot and killed an officer, as they raided his house without knocking to look for drugs? He is still facing the death penalty, and he still hasn't gone to trial.
In Vegas, sheriffs are claiming the 2020 election was stolen. They're promising to investigate. At least one already tried to seize voting machines.
The audience is booing journalists. Also, they have tip jars on the tables. Mike Lindell is up later.
The fear of catching COVID in jail may have led more people than usual to plead guilty to low-level crimes they did not, in fact, commit.
Fascinating research:
He spent the 90s “pumping $1 billion into an unprecedented prison-building boom.”
He’s the leading voice against air-conditioning in those prisons.
And he’s now the leading Democratic candidate for mayor of Houston.
@michaelsbarajas
at
@boltsmag
:
!!!!!!! My book, Let the Lord Sort Them ,just won the 2021 Writers League of Texas book award !!!!!!
Thank you
@WritersLeague
! Congrats to the other winners and finalists!
Melissa Lucio's lawyers argue the Texas death penalty system violates the Constitution because juries are asked whether the defendant will be dangerous in the future.
Lucio's own prosecutors said she might become *pregnant while incarcerated*
Bkgd:
Remember Sandra Bland?
Her death led Texas lawmakers to create better accountability for deaths in jails — through independent investigations.
Now,
@michaelsbarajas
reports there’s a new effort to roll it back — and let jails investigate themselves.
WHAAAAAA!!!!!!!!
I am so ... wow. I've never been nominated for an
@ASME1963
award before.
@akibasolomon
is the star editor who made this happen.
@lmcgaughy
+
@Dave_Boucher1
contributed reporting. Full credits at bottom of story!
Prosecutors and sheriffs will now become the key, elected decision-makers on whether to investigate, arrest, and charge women for seeking abortions, how to sentence them, and whether to force them to give birth in jail.
@Taniel
with an explainer:
Member of the Oklahoma parole board is resigning because he opposes the death penalty.
Translation: Oklahoma may be getting ready to execute a lot of people.
h/t
@schwartzapfel
Just published in
@USATODAY
: 11% of elected sheriffs say they personally agree with the Oath Keepers.
And many more say they have the authority to reject any state or federal law.
And now some are talking abt election fraud + seizing voting machines.
Breaking: Supreme Court says courts should further consider the case of Keith Tharpe, who was sentenced to death. A juror later called him the n-word and said he "wondered if black people even have souls." The decision:
And a sample:
My book comes out tomorrow! My book comes out tomorrow!
Today is your last chance to pre-order, as opposed to just...order:
Photo credit:
@an_emilyanne
These police tactics don’t just lead to false confessions.
They also lead innocent people to *invent false memories* of committing crimes.
Episode 3 of our podcast explains all this. Thanks to
@drjuliashaw
+ Richard Leo for their groundbreaking work:
A former judge recently told me he opposed the death penalty because so many jurors in a case he oversaw suffered from PTSD after repeated exposure to evidence in a gruesome murder case.
He used court funds to offer counseling. I'm curious if other judges do this.
Today's news that a juror in the Derek Chauvin trial became physically ill while watching the proceedings is a reminder of how traumatizing state violence can be to everyone it touches, even if they're not the victims of it. (1/4)
During book research, I found three cases of Texas defense lawyers falling asleep during death penalty trials.
And now, on July 4th,
@keribla
has just sent me a fourth case. Who knows how many more went unnoticed?