After the latest events in Alabama, with one torturous, hour-long execution and two attempts to kill prisoners it was high time for a moratorium, and the only right thing to do.

Before you praise Governor Ivey for her decision you should read her reasons, and the accusations she made towards death penalty opponents and human rights activists. Given her malicious insinuations it is even more essential to insist on an independent, neutral and transparent investigation. 

Ivey did not loose a single word about the terrible circumstances, and the horrifying tortures inflicted on Joe Nathan James Jr., Alan Eugene Miller, and Kenneth Eugene Smith (and on countless others in the years up to now). She just referred to the families of murder victims, whom she promised they would see an execution, and this would bring closure to them. Beside the fact that executing someone does not bring peace and closure to murder victims families as pschycologists and therapists in many studies and evaluations found, Ivey shows clearly that her concern is not justice but revenge. 

Although, it is obvious that it was not legal appeals that prevented the killings of prisoners but the incompetence of the executioners. Ivey claims against her better knowledge that her henchmen and their superiors did not do anything wrong. It's disturbing that a politician seems to think it's okay to torture people to death as with what happened to Mr. Joe Nathan James Jr., and as her inferiors tried to do to Mr. Miller and Mr. Smith. Yes, it was ADOC employees who work as members of the execution team, and who treated fellow citizens in an absolute grisly and inhumane way. God knows how their consciences deal with that.

Ursula

This year has been quite special, not only for you and me, but also for the guys on death row. If you want to let it end with showing them some appreciation by sending a Christmas card, you are more than welcome. Who knows, maybe your season greetings become the start to a wonderful friendship.

Please use this general address:

*Inmate name* *Z-number*

Holman Unit *cell number*

Holman 3700

Atmore, AL 36503

USA

Change is the law of the universe and life, the sole constant in creation. In fact, change is so persistent in our lives that it almost defies description and analysis.

This is so true of change that some philosophers consider the constancy of it baffling. Most importantly, this life of ours has a creator and a master who is the only absolute there is. God Almighty is the ONE who gave us both life and our transformational nature. So, how can a judge, D.A., jurors, politicians, etc. say that a human being is beyond the point of being rehabilitated?

First, complete understanding of change as the law of life may not be possible without knowing the basic nature of God’s law as described in the Quran. In essence, God created life and the universe based on the physical laws that are responsible for the “cause and effect” phenomenon we all know and experience.

Nothing happens until something moves. This is true, not just materially but spiritually and emotionally also – at least metaphorically. Consider, for example, the way we perceive things about our own attitudes and act upon them. None of this actually happens until we move something first: our thoughts about them. Changing our minds is what changes there things in us, about us, and by us.

Yet this is only half the picture. What remains rest on the fact that Allah has decreed that He can, does, and will change things for whomever and whatever He chooses – irrespective of, and opposite to all the laws of this life, e. g. The creation of Adam without a mother or father, the prophet Jesus with only a mother, Abraham and Sarah having a child in old age.

Highly significant, the Holy Quran firmly establishes internal – spiritual and faith – conditions of human beings as the most important aspects in the process of change. Allah says, “Verily never will Allah change the condition of a people until they change what is in themselves.”

Not only is this impeccably true of the nature of humans, it is actually the only safe way out of the illusions that change may lead us into. Without clarity from within, we may not be able to differentiate true from false change. We may fail in choosing among available change.

A man and his wife moved to a new home. One early morning as they were having coffee in the kitchen, the wife looked outside the window, saw dirty linens hung out to dry in the house behind them, and told her husband that their neighbor does not know how to clean laundry. The husband looked but did not comment. The same happened in a few days, and he did not say anything to his wife. Then it happened again, and again.

Then one morning, the wife looked out the same window and said in a surprised voice, “Look, her laundry is very clean.” Her husband then said, “No, this is not what happened, I woke up early this morning and cleaned our window.”

The power to see things for what they are comes from within.

Alumdulillah (All praise and glory be to God)

Governor Kay Ivy signed in to law the abortion bill that passed through the states legislation on May 15, 2019. Governor Kay Ivy stated that she believes that all life has value and all life is sacred. However the very next day Governor Kay Ivy paved the way for a mans execution by denying him clemency. Her actions stood in direct contrast to her statement for signing the abortion bill passed by the states legislature branch into law. When faced with criticism about her lastest actions Governor Kay Ivy defended her stance for signing the abortion bill into law by stating that she signed the bill into law because she know that it will never be enforced because of the United States Supreme Court caselaw Roe v. Wade is in place which would prevent the law from being enforced. Where's her smarts? Doesn't she know that all law enforcement of the state of Alabama are sworn in to up hold the laws of the state?  Then for her to authorize the death of a man the very next day, doesn't she know that he to was someones child and that his life was of value and sacred? We as people never stop being the child of our parents no matter the situation we come to be in. So to protect life at fetus stage just to take it at the age of 19, 20, 21 etc. stands in contrast to her justifications for signing the abortion bill into law. To protect life at fetus stage just to pipeline that same life from the craddle to prison stands in contrast to her justification for signing the abortion bill into law. To protect life at fetus stage just to have that life snuffed out by the police or the state of Alabama stand in direct contrast to her justification for signing the abortion bill into law.  

  Let's take a stance against Alabama.

The 13^th Amendment of the U.S. constitution: “Neither slavery nor involuntary servitude, except as a punishment for crime …”

The key word in the Amendment is “except”. This includes an obvious legislative loophole that provides means to continue in a legal way the institution of slavery such that federal and state governments rather than private citizens are official slaveholders. Prior to the enactment of the law, the U.S. economy had a significant agricultural base supported by free slave labor. In the early days of slavery, a slave was considered someone’s property. Now, think back to the movie called Life, starring Eddie Murphy and Martin Lawrence. When they first arrived at the prison in Mississippi, the first thing the warden said to them was, “You are now the property of the State of Mississippi.” Also, in that same movie if you can recall the white guy that framed them for murder was promoted to be the warden. When they went hunting Eddie and Martin know who he was, notice what he said before the other white man killed him, “At least we got 40 years of free labor out of their asses.” Simply put: Incarcerated persons have no constitutional rights in this arena. They can be forced to work as punishment for their crimes. If they refuse to work on the private lands (farms) they are subjected to disciplinary actions where their visitation, store, phone, etc. privileges are taken away and sent to solitary confinement and placed in a cage outside during the day time in the scorching hot sun or winder cold until they comply to do involuntary servitude. These prison systems such as Angola and Parchman Farm (Mississippi State Penitentiary, Draper, Staten, Limestone, etc.), farm operations and other similar prison industries have ancestral roots in the black chattel slavery of the south. Specifically the proliferation of prison labor camps grew during the reconstruction era following the civil war, a time when southern states established large prisons throughout the region that they quickly filled primarily with black men. Many of these prisons had recently been slave plantations. Incarcerated workers, laboring in-house operations (kitchen workers, hall runners, etc.) or through convict-leasing partnership with for-profit businesses, such as the tag plant. Notice the white guys from the free world that come in the prison at Holman which is in Alabama to oversee the inmates that are being leased out to them to work at the only tag plant in the State of Alabama. Imagine going to a car lot and the owner of the car lot does not sell his cars but lease them out. This is what the state and federal government do with their state and federal property (inmates). The tag plant generates 500 million dollars a year but the inmates who are making the tags get paid from 15 ct to 35 ct an hour, (free labor) compared to what they would have to pay people if the tag plant was placed in the free world when minimum wage is 11 to 12 dollars an hour. Convict leasing is really cheaper than slavery, since farm owners and other companies did not have to worry at all about the health of their workers. In this new era of prison industry the criminal or slave justice system the state determined the size of the worker pool. Scores of recently freed slaves and their descendants (you + me) now labored to generate revenue for the state under Jim Crow regime. As the camera zooms out and pans over fields of black bodies bent in work and surveyed by a guard sitting on a horse, the picture that emerges is one of slavery. It is one of a justice system riddled with racial oppression. It is one of private business taking advantage of these disenfranchised vulnerable workers. It is one of an entire caste of men relegated to labor for free, condemned to sow in perpetuity so that others might reap the benefits. Southern whites who defined what it meant to be white were not ready to change the master - slave social relationship they previously held with new freed Africans living in America. Being white meant to be superior to those previously held in bondage who were not deemed as human. The civil laws (black codes and vagrancy laws) written in response to perceived black criminality and use the media (TV, radio, magazines, newspapers, etc.) to ensure both message and image was clear. More over, these laws were among a host of extralegal and illegal practices designed to facilitate the incarceration of Africans living in America for slave-like work, convict leasing, forced labor, and other forms of exploitations in an attempt to make up for the lost economic benefits of free labor enjoyed during slavery, post-emancipation proclamation. So yes, if you are locked up you are a modern day slave.

The criminal justice system is unmistakably a system of slavery and involuntary servitude.

Wake up People!!!

In the name of Allah (God), most gracious, most merciful. Allah says in the Holy Quran that on the day of judgement we are going to be judged by our feet. Have you ever heard a school teacher or an adult say, “look at him, hi is following into the footsteps of his brother”? Metaphorically being judged by our feet means being judged by the examples that we have left behind that could be influential to others in a good way or detrimental. History is our foundation. People speak of the prophets Noah, Abraham, Job, Jesus, Joseph, Jacob, Muhammad, etc. as if they are still here walking in the face of the earth or just departed yesterday. And we are walking in their footprints. But what about the ones who are walking into the footprints of negative rappers, comedians and other shallow pursuits? History has proven time and time again that God appoints power to different nations and people. What is an empire today can be into decay tomorrow. Do you get the point? We are not the end – all and be – all of history. For in these times when we’re having to combat any number of idiotic challenges from every dark corner, we need to be reminded that we are only a small footnote in a grander story. The problem is our attitudes are focused only on the NOW without the hope for the future, and the satisfaction that Allah’s (God’s) will and plan will always prevail over all other lifestyles. It’s when we have this kind of attitude that we can take a fresh look at what we’re doing and free our minds up from defeatism to come up with ingenious solutions, bold initiatives creative concepts and long term goals. What can we do to solve other headaches, keeping in mind goals for 50 or even a hundred years from now? This is where you and I come in. Whether it’s saving the youth, getting woman their equal God-given rights, or how to help each other in righteousness to stay on the right path – here are better ways to do things that will outlive and outlast our own fragile lives. The key is in two things:

1. Remembering that you are part of a greater process of history, and 2. you can still be a “player” in the grand drama that leads humanity back to its Lord and creator by setting your sights a little higher and trying to see what you can to today that will alter the course of generations to come. Think long term. Do things smarter. Influence the lives of your great-greatgrandchildren that you will never meet for the better. Make sure they will have access to the path that will bring them true success – the path of submission to God’s will. You won’t be with them in person, but wouldn’t you love to see them in paradise? Be prepared to sacrifice a lot of time and energy and God-willing money because your life is the blink of an eye, yet our history is ageless.

Alhumdulilah!!!

   What occurred last night, into the inmate’s before the bewitching hour, in Alabama can only be described as monstrous, tortuous, and a flagrant travesty of justice.

   Doyle Lee Hamm, was scheduled to be executed by the State of Alabama on February 22, 2018. A man with terminal cancer, and yet, Alabama still did every diabolical thing it could to bring about this man’s demise before his illness could claim him. Alabama the Beautiful, the murderous would not be denied its pound of flesh, and the wheels were set turning towards Mr. Hamm’s night of torture, both mental and physical.

   In December 2017, Mr. Hamm was scheduled to have surgery to combat his illness, if only for a little while, but instead the surgery was canceled, an execution date asked for, and an execution date set. No one in their right mind would or should expect the Alabama courts to do the right thing, what’s fair and just, but the federal courts are or at least supposed to be a different matter. However, they too have become just pawns in Alabama’s murder for votes campaign. The federal courts for some time now have been allowing Alabama gratuitous leeway with its unconstitutional death penalty, and all the miscarriages of justice leading up to Thursday night’s debacle only highlights the erosion of constitutional protection in order to preserve Alabama’s death chamber.

   The federal district judge that held the hearing after having Mr. Hamm examined, actually discussed the findings on the phone with the doctor, came to her conclusion, and then proceeded to confer in the court room with Mr. Hamm’s attorneys and the Attorney General’s office representatives. After asking the state’s attorneys to stipulate to only trying to find a vein below Mr. Hamm’s waist, she then decided to let Mr. Hamm’s attorneys know, she would be turning over a copy of the medical report to them. Two things immediately wrong with that. First, Mr. Hamm’s attorneys should have had a copy of the medical exam as soon as the exam was concluded. So they could go over it, and have their own expert go over it. How could they bring forth any challenge had there been any without seeing the report first hand? Second, in allowing the state to “stipulate” where it would “try” to find veins usable she gave the State of Alabama permission to break the law, and step outside of its set execution protocol.

   Then, Mr. Hamm’s appeal moved to the 11^th Circuit Court of Appeals. They, if worth even a little bit of their weight in salt, should have seen Mr. Hamm’s hearing in the District Court for the farce it was, and stepped in to stop what would eventually happen, but they didn’t, and only added to the miscarriage of justice. They put forth some ridiculous “supposed” safe guards that had to be sworn to by some “fall guy” employees of the state. So damn ridiculous that the representatives for the AG office in its response back to the court wrote “Yeah Dude we’ll do that”. Another clear sign that, the federal courts have been Alabama’s pawns for so long, that they have no respect at all for them.

   Well, after the disrespect was done and this part of the farce was over, Mr. Hamm’s appeal moved to the United States Supreme Court. The biggest joke of them all. A bunch of judges who have a sense of justice, but choose to ignore it in order to align with its conservative brotherhood. They granted Mr. Hamm a stay, so they could “review” his case. Then, after their so-called review, the stay was lifted, and they moved aside to allow the culmination of Mr. Hamm’s farce of justice to end.

   That is when Mr. Hamm’s mental and physical torture began. For 3 hours, Doyle Lee Hamm was poked and prodded by not one, but two “supposed” medical professionals, as neither could find a vein. Veins that the doctor who examined him, and gave the report to the district judge said, “were everywhere”. Veins that two “supposed” medical professionals couldn’t find 10 or more tries. An ordeal where they eventually tried to find a vein in Mr. Hamm’s groin area. Their last resort. Determined to murder Mr. Hamm the so-called medical professional shoved the needle into his groin area and moved it around trying to hit a vein. So ridiculous for a so-called professional and so very tortuous for Doyle Lee Hamm. To the extent that, the covering on the murder table had to be changed twice because of the blood spewing from Mr. Hamm. Finally, one of the two inept medical professionals left the room, then came back and stopped Mr. Hamm from being tortured further. Desperation to kill still in the other so-called medical professional the statement made “I can get a vein, just give me one more try.”

   And, the federal courts allowed all of this to happen, under their watch.

   Stand up friends and supporters!

   It’s time, far past time to stop the barbaric death penalty!

   Thanks to All,

   Oppose Death Penalty

In the United States of America, the United States Supreme Courte is “supposed to be” the highest court in the land, the constitutional gatekeepers of justice. It is “supposed to be” the last line of defense against injustices in the American justice system, but SCOTUS is nothing more than a court for hire. A court that makes its rulings not steeped in constitution, or justice but a court that makes rulings based on its political allegiances, and their political agendas. The United States Supreme Court – SCOTUS, “the last line of judicial defense” is “supposed to” evaluate inconsistencies within the law, in which states deliberately misconstrue the law in order to ensure unconstitutional convictions are upheld. However, SCOTUS tends to make its rulings based not on law or constitution, but on emotions, personal beliefs, and political allegiance.

A prime example of what you just read is “The Antiterrorism and Effective Death Penalty Act (AEDPA)” of 1996. An act, that is in NO WAY EFFECTIVE. An act, if held to the paper it was written on and signed into law by President William (Bill) Jefferson Clinton in 1996, would and should deem the death penalty in the United States of America unconstitutional, null and void.

Bill Clinton signed the AEDPA into law as part of a deliberate policy of presenting himself as tough on crime, following GOP victories in the 1994 midterm elections, as discovered by investigative journalist Lilliana Segura, based on an examination of a trove of White House memos released from the Clinton digital library in 2014. The GOP, state courts, and “the supposed” judicial last line of justice (SCOTUS) have been using (misusing) the AEDPA to full advantage ever since the last stroke of Bill Clinton’s presidential pen.

However, states with capital punishment that have been applying and taking full advantage of the benefits afforded them by the AEDPA have been doing so unconstitutionally. Yes, it's bad legislation, and yes, Bill Clinton signed it into law, but there are safe guards within the AEDPA in which it CAN NOT be applied, unless the states themselves adhere to the provisions outlined within the AEDPA. Plan and simply saying, you CAN NOT REAP THE BENEFITS WITHOUT FULFILLING THE REQUIREMENTS SET FORTH IN THE LEGISLATION. NO STATE in the United States that has the death penalty has fulfilled the requirements of the AEDPA. NOT in 1996, and NOT NOW. The only state to even try to come into compliance, and attempted to meet the AEDPA requirements, but has yet been unable to fulfill all the measures that would ensure constitutionality of appeals is, Arizona. Still, even Arizona uses the AEDPA, which is unconstitutional.

All the states in the United States that still live in the barbaric times of murdering its citizens, use the AEDPA to try to do so more quickly. They are asking for, and getting procedural bars, and time bars put in place. Bars, which have in the past, and still do cause defendants to lose access to crucial appeals. Bars, that have been and still are being applied unconstitutionally. The states that are asking for such bars know it’s unconstitutional to do so. The courts that are applying the bars know it’s unconstitutional. Congress knows it’s unconstitutional. The United States Supreme Court – SCOTUS, knows it’s unconstitutional, but they’ve continually allowed states, and state courts to get by with it. If SCOTUS isn’t going to do its job, then what purpose does it serve, other than just being a court for hire?

Of course, states will argue that, death row inmates have some of the best representation in the country. They’ll say that, death row inmates have million dollar law firms representing them. What they don’t and won’t say is, most of these attorneys are not criminal defense attorneys. More often than not they are civil attorneys. As for the million dollar law firms representing death row inmates, they are few and far between. However, none of that really matters, because the AEDPA clearly states that, any state wishing to partake in the benefits of the AEDPA must “op-in”, meaning, meet the requirements set forth in the legislation. It does not say that, if defendants find their own attorneys, you are in. It does not say that, if the defendant’s family or friends find an attorney for the defendant, you are in. It does not say if a lawyer pops out of thin air to represent a defendant, you are in. NO, none of that. The AEDPA tells states exactly what THEY have to do to be eligible to apply the AEDPA. Please, read section 107 listed below:

`CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES ``Sec. ``2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment. ``2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions. ``2263. Filing of habeas corpus application; time requirements; tolling rules. ``2264. Scope of Federal review; district court adjudications. ``2265. Application to State unitary review procedure. ``2266. Limitation periods for determining applications and motions. ``Sec. 2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment ``(a) This chapter shall apply to cases arising under section 2254 brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if the provisions of subsections (b) and (c) are satisfied. ``(b) This chapter is applicable if a State establishes by statute, rule of its court of last resort, or by another agency authorized [[Page 110 STAT. 1222]] by State law, a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post- conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. The rule of court or statute must provide standards of competency for the appointment of such counsel. ``(c) Any mechanism for the appointment, compensation, and reimbursement of counsel as provided in subsection (b) must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record-- ``(1) appointing one or more counsels to represent the prisoner upon a finding that the prisoner is indigent and accepted the offer or is unable competently to decide whether to accept or reject the offer; ``(2) finding, after a hearing if necessary, that the prisoner rejected the offer of counsel and made the decision with an understanding of its legal consequences; or ``(3) denying the appointment of counsel upon a finding that the prisoner is not indigent. ``(d) No counsel appointed pursuant to subsections (b) and (c) to represent a State prisoner under capital sentence shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation. ``(e) The ineffectiveness or incompetence of counsel during State or Federal post-conviction proceedings in a capital case shall not be a ground for relief in a proceeding arising under section 2254. This limitation shall not preclude the appointment of different counsel, on the court's own motion or at the request of the prisoner, at any phase of State or Federal post-conviction proceedings on the basis of the ineffectiveness or incompetence of counsel in such proceedings.

Every attorney representing a death row inmate in the United States should right now start challenging the unconstitutional application of the AEDPA, and the bars on appeals that have come from it.

We ask all of our anti-death penalty organizational allies in this fight to please spread this info far and wide.

Fight on!

Oppose Death Penalty 

     The Oppose Staff

I didn’t know that they allowed women into their “Good Ol’e Boys Club“, or that they even put them up for consideration, but there she was, Mobile County Distraction Attorney Ashely Rich doing her best good ol’e boy impersonation, telling lies, spreading propaganda, and blowing smoke up the public’s ass. If, she’s not in the club, she’s most assuredly working overtime to make her case for entry. Every time a camera comes on in Mobile, she’s there. Every time a reporter shows up, she’s there. She wants to be seen. She wants to be heard, she has aspirations, and she needs to prove to the good ol’e boys that, she can and will tell lies and spread propaganda with the best of them. I didn’t even know that they allowed women in their club.

What I do know, is that, at her most recent trip to a podium (in front of cameras and reporters – of course) she (DA Rich) really let the propaganda fly. She was asserting that, capital defendants in the State of Alabama have some of the best representation money can buy. Lies, and propaganda. She had the audacity to call EJI a pesky little law firm, that travels around the country bringing in million dollar law firms to represent capital defendants. Her reason for “trying” to point that out was to try and make it seem like Alabama Das are out matched, out gunned, and out financed. Which is all smoke, mirrors, and bullshit. And, she did it all while flipping her hair. She has aspirations. One thing we all should know, is that, the people in Alabama believe in their guns. So, they’re definitely not out gunned. As for them being out matched, again, she lies. What she didn’t say is, the lawyers EJI finds are more often than not litigation attorneys, not criminal defense attorneys. Litigation attorneys who don’t know coming in that, the rules of law change and don’t apply in the country of Alabama. Yes, some of those firms may have money, but the DA offices have a very deep well of resources at their disposal. An arsenal of legal agencies and experts on stand-by. She, nor any other DA complains when they’re going up against an over matched, out gunned, out financed, and incompetent court appointed attorney. For years, court appointed trial attorneys in the great country of Alabama were paid a grand total of $1,000 to represent capital defendants. Ms. Rich didn’t complain, or whine on them. The underpaid court appointed attorneys eventually were privileged enough to start receiving $1,500 - $1,700. Still, no match for the country and state sponsored assassins’ payroll, and resources. But, that’s how Ms. Rich likes it, since she so proudly declared “how fond of the death penalty” she truly is. Recently court appointed trial attorneys once again received another past overdue meager raise of $7,500 to represent capital defendants. Still, over matched and underpaid, compared to the assassins pay and resources. When these attorneys want and need experts to help them at trial they have to file motion after motion to an already bias court for more funds, and those motions are granted in favor of the defense about as often as you’ve ran around the world.

Then, there’s the reason EJI has taken it upon themselves to scour the country looking for attorneys, any attorney to take on capital defendants appeals in Alabama. Defendants aren’t guaranteed representation in the collateral round of their appeals. Which more often than not results in missed filing deadlines, and executed American citizens. Which I’m sure, Ms. Rich is just overjoyed and giddy about, being that she’s so fond of the death penalty. What she won’t tell you however, it that, Alabama (because of the Antiterrorism and Effective Death Penalty Act) is supposed to have a legal defense organization in place in order to gain the benefits from the act itself, but of course, Alabama makes up its own rules, and the federal courts just continue to turn a blind eye. So, if Ms. Rich and the rest of her good ol’e boys cronies would adhere to federal law EJI wouldn’t have to search high and low for representation for capital defendants.

Then, (although she tried to do it very slyly) she alluded to the million dollar law firms, because of a Mobile case where she and their so-called justice system got royally and thoroughly exposed for the corruption it thrives on. County Sheriffs distorting evidence, because it would tie a family member to the crime. Evidence being misplaced, destroyed, and alleged crime scenes moved around town until they can fit the accused. Let’s not forget the court appointed trial attorney, who was handed evidence that would’ve cleared his client, and he threw it in the trash. The same court appointed trial attorney who has had 6 or 7 of his capital clients sent to death row. Ms. Rich didn’t slyly hint at any of that. She has aspirations, and none of that would serve her agenda.

So, if you don’t know what Ms. Ashley Rich be talking about when she’s standing in front of plenty of cameras, and reporters and flipping her hair, don’t worry, she don’t either! She just has aspirations!

Be Informed,

M. S.

Link: Alabama AG's office seeking three more executions

Dick Brewbaker of the Alabama Senate says “his bill to end judicial override will/must be passed in order to save the capital statute in Alabama.”

This bill comes in the wake of turbulence cause by the recent United States Supreme Court ruling in the Timothy Hurst case which derived out of the State of Florida. The court’s ruling in the Hurst case dealt a deadly blow to the structure of Florida’s capital murder sentencing scheme. In response to the court’s ruling the Florida state legislature drafted a new sentencing scheme which made the jury penalty phase decision a verdict instead of a recommendation and provided for the majority’s vote for death be at least 10 for death.

The second portion of the bill was successfully challenged in the State Circuit Court of Dade County Florida and which that court’s ruling was appealed to the Florida Supreme Court; which in turn the Florida Supreme Court deemed the majority vote for death in capital cases was unconstitutional.

The Florida state legislature re-drafted the second portion of its statute in order to comport with its state and the United States’ constitutional demands of a unanimous verdict in capital cases.

For months following the United States Supreme Court’s decision in Hurst v. Florida, then Alabama Attorney General Luther Strange publicly announced that the ruling had no effect on the State of Alabama’s capital murder statute. Though circuit courts judges in the State of Alabama remained hesitant about moving forward with capital cases on their docket, a few of them reconciled their concerns about Alabama’s capital statute in light of Hurst v. Florida ruling from the United States Supreme Court, with the words of Alabama Attorney General (at the time) Luther Strange made this statement despite his plea, months earlier, for the United States Supreme Court to deny cert in the Hurst case because if the higher court rule against the State of Florida then that rule will have an effect on Alabama capital statute 13A-5-40(a) and 13A-5-46.

13A-5-40(a) is the offense section of Alabama’s capital murder statute and 13A-5-46 is the sentencing section.

It’s important to highlight these sections because of how the guilt/innocence phase of the trial is closely connected to the sentencing phase of the trial because of the underlying felony (robbery, burglary, rape, etc.) that makes a murder a capital offense is built into the charge of murder in the guilt/innocence phase of the trial.

A few circuit court judges (on state level) began to proceed with capital trials. However, in the case of Eugene Billups Jefferson County Circuit Judge Tracy Todd (upon motion filed by the defense) ruled in Billups (and other defendants) favor, concluding that Hurst v. Florida did apply to Alabama capital statute which would prevent a defendant from being tried on a capital offense.

Reasoning Circuit Court Judge Tracie Todd held: “The Hurst decision raised questions concerning the offense section of the capital murder statute in Alabama because in order to convict a defendant with a vote of all 12 jurors they must find that the defendant committed the murder during the course of a robbery, burglary, rape, etc. Once coming to a verdict to convict of the offense but failed to find the existence of the same felony to sentence a defendant to death is inconsistent.”

The Alabama Criminal Court of Appeals reversed her ruling in a conflicted opinion. Now the case is pending before the Supreme Court.

Senator Dick Brewbaker drafted and presented a bill which required for a jury verdict, instead of an advisory recommendation in the sentencing phase of a capital trial making the verdict binding upon the court which eliminates the judicial override which has happened several times in the State of Alabama.

This bill drafted by Senator Dick Brewbaker was presented to the State Senate and House of Representatives, passed both houses and Judicial Committee and was signed into law by the Governor of Alabama on April 3, 2017.

During Senator Dick Brewbaker’s campaign for this bill he stated, “If we (legislature of Alabama) didn’t pass this bill the courts are going to strike down our (Alabama) whole statute.”

In Hurst v. Florida the United States Supreme Court condemned non-binding “advisory recommendation by a jury” and “the judge’s ability to sentence a defendant”. Alabama’s system, like that of Florida, “required only an advisory recommendation for a sentence of death by a jury” and “judge’s ability to sentence a defendant”. This was the law of Alabama from 1982 to 2017.

Alabama is attempting to make the Hurst decision solely about judicial override, when the truth is that the bill signed into law by the Governor eliminates advisory recommendation of sentence by a jury.

The effects of the Hurst decision on Alabama’s capital statute has went from the (then) Alabama Attorney General Luther Strange pleading to the United States Supreme Court to rule against Timothy Hurst because a favorable decision would have a negative impact on Alabama’s capital statute 13A-5-40(a) and 13A-5-46.

To: (Then) Alabama Attorney General Luther Strange (in light of the favorable Hurst ruling) proclaiming that Hurst decision doesn’t apply to Alabama capital statute

To: Alabama’s Jefferson County Circuit Court Judge Tracy Todd ruling in the Eugene Billups case that Hurst applies to Alabama capital statute

To: The Alabama Criminal Court of Appeals reversing Jefferson County Circuit Court Judge Tracy Todd ruling the Billups case with a conflicting opinion

To. The Alabama Legislature passing a bill and the Governor signing it into law which curtail the infirmities of the then capital statute in order to meet the Hurst standards going forward in capital cases:

This smoke screen bill fails to address the constitutional violations in capital cases that were tried from 2002 to 2017!

Botch – to patch clumsily. Bungle. Do poor work. To ruin. To go horribly wrong.

What you see above are definitions found in dictionaries to define the word “botch”. The reason for highlighting this word is, because it’s far past time for states to stop getting away with the simple answer of “the execution was not botched”. Of course, we know states aren’t going to admit to doing anything wrong, but the least they can do is, explain to the public what their definition of botched is. Or, would it turn into a game of semantics as former President Clinton displayed when being questioned about interactions with Monica Lewinsky. He stated (with a straight face), “that depends on what your definition of “is” is.” Well, we know what the definition of botched is, let’s have the state’s explanation have theirs.

Those states that persist in murdering in the name of justice should not be allowed to operate in the shadows. The claim to be murdering in the name of the people to get justice. Well, they should have to answer to the people, instead of giving them outright lies, and half-truths. So, start asking the states the question, “What is their definition of botched?”

Most states in the business of murdering its citizens under the guise of justice will not release their killing protocols, not even to the people who name that they’re murdering in. However, it has become public knowledge that those states with a three-drug protocol go in the order of sedative, paralytic, and the killer. If, any one of those three drugs fail to do what it is designated to do, or what the states do diligently argue it will do, then something has gone wrong, horribly. BOTCHED! Whenever there’s a deviation from a set plan, something has gone wrong. BOTCHED! Of course, emergency work can be done to try to salvage the end result, but that will not change the fact that it was BOTCHED!

The State of Oklahoma has such a protocol (three drugs), and that’s what they called themselves using, when they tortured Clayton Locket to death in 2014. After the sedative (Midazolam) was administered and his would be murderers had “declared him unconscious”, Mr. Lockett writhed against his restraints, talked to his assassins, explaining to them (just in case that fact was lost on them) that the drugs weren’t working , and he was in excruciating pain. What should not be lost is that, once they saw something was going wrong from the very start they should have stopped, but they just didn’t care. All that mattered was the end result. Have the State of Oklahoma explain, “What their definition of botched is.”!

The State of Alabama also has a three-drug murdering mechanism in its arsenal. When they used it to murder Christopher Eugene Brooks, he gasped and clinched his hands, even after the sedative (Midazolam) was administered, and he was given a consciousness test. The clinching of his hands was a sign that he was in pain, horrible pain. They botched his murder!

The State of Alabama once again tried using its three-drug torture chamber, to murder Ronald Bert Smith Jr. Their experiment only got worse. After being mentally tortured by the United States Supreme Court, it was the State of Alabama’s turn to physically torture Ronald Bert Smith Jr. After the sedative (Midazolam) was administered, Mr. Smith was given not one, but two consciousness tests. Now, let’s stop there for a minute, and employ our common sense. One consciousness test is all that’s needed, if the sedative has worked as the (the state) says it will. A second consciousness test means something was going wrong! The sedative had not sedated as they said it would. It also means, more of the sedative was administered, which is a deviation from the known part of Alabama’s protocol. BOTCHED! Even after two doses of the sedative, and two consciousness tests, Ronald Bert Smith Jr. was seen by witnesses to be clenching his fist, and was apparently struggling for breath, as he heaved and coughed for about 13 minutes. BOTCHED!

When the State of Arizona tortured Joseph Rudolph Woods to death that should have been the end of capital punishment in the United States, because the 8^th amendment prohibits “cruel and unusual punishment”. A witness to Mr. Woods’ torture reported more than 640 gasps, as Mr. Woods convulsed on his tormentors gurney for more than an hour and a half, before being declared assassinated. BOTCHED! And the United States Supreme Court didn’t do or say a thing. If that was not cruel and unusual, then maybe we should also be asking the United States Supreme Court, “What is their definition of cruel and unusual?!” They would probably just both that, too!

Please, be inquisitive, be informed, and be active. Get in the fight to end the heinous, atrocious, torturous, cruel and unusual punishment of the death penalty.

Be Blessed and Ask the Questions,

Maximus Strong

Florida’s capital murder statute has been destroyed by the Hurst ruling from the U.S.S.C. Immediately after the ruling the state of Florida tried to reconstruct its sentencing scheme by implementing a statute that took power from judges and made all findings exclusive to the jury. It also adopted a recommendation of 10-2 for death votes from the State of Alabama but the Florida Supreme Court struck down this as being unconstitutional.

Florida has been in limbo concerning its capital murder statute until recently. The Florida Supreme Court has ruled that all death row inmates who have been sentenced to death from 2002 to 2016 will be taken off of death row and resentenced to life imprisonment.

The reason the court ruled that all death row inmates who was sentenced to death from 2002 to 2016 is because the ruling that Hurst is based on was ruled in 2002 (Ring v. Arizona) which dealt with the exact same issue as Hurst. Now, the State of Florida is dropping capital charges against inmates due to the uncertainty of its capital statute. All guys who are awaiting trial for capital offenses have been filing motions for a fair and speedy trial.

Randy Lewis here,

Reporting for Oppose news.

Now, back to you in the station.

Randy Lewis

O-14-Z-741

Hurst v. Florida, is a case that sprung forth in the State of Florida bringing with it ramifications for two other states … Alabama and Delaware. It’s a case that made its way up to the United States Supreme Court, so the highest court in the country could consider whether or not Florida’s capital sentencing scheme was constitutional, or stood in violation of the 6^th amendment, in light of Ring v. Arizona. The United States Supreme Court decision was that, Florida’s capital sentencing scheme violates the 6^th amendment, in light of Ring. And, without so much as saying so, or outright doing it, the court also ruled the capital sentencing schemes in Alabama, and Delaware to be unconstitutional, because both states use the practice of jury override as well. However, where Florida set out to pass legislation to try to correct their broken system, Alabama and Delaware decided to both fight the inevitable. Delaware has since been forced to face, and concede that tis capital sentencing scheme is unconstitutional, by its very own high court (the Delaware Supreme Court). Alabama, will fight on, until it too is forced to face the fact and concede that its capital sentencing scheme is unconstitutional, but it’ll have to eventually come from the United States Supreme Court, as Alabama’s good ole’ boy Supreme Court isn’t going to step on any of their golf buddies toes.

Now, with that said, in the past Alabama has went on record saying that, “their capital sentencing scheme is the same as Florida’s” in their efforts to dodge being effected when the ruling was handed down in Ring v. Arizona. The skated by, and they were just fine with that. Why? Because, during that time the country was still in love with the death penalty, and the cruel, heinous, atrocious, and illegal things states were doing to murder their own citizens under the guise of “getting justice” hadn’t come to light yet. So, in the meantime, Alabama did what Alabama does, it went on a killing spree. Now, with the ruling in Hurst v. Florida finding Florida’s capital sentencing scheme to be unconstitutional, in violation of the 6^th amendment, Alabama is once again singing a different tune … “Our capital sentencing scheme is not like Florida’s.” Which is it, Alabama?

When the United States Supreme Court said in Hurst v. Florida: The role of the judge in the process of sentencing the defendant to death was what made Florida’s sentencing scheme unconstitutional, Alabama should have conceded, and started to save the taxpayers of Alabama their hard earned money. Money that could certainly be better used on education, and helping the less fortunate. Because, the U.S. Supreme Court was talking about jury override plain and simple in that ruling, and no matter how Alabama tries to use its smoke and mirrors, or good ole’ boys contacts they have jury override, just like Delaware, and just like Florida!

 Please, stay tuned … 

Jessie M.D.Y. Phillips

Alabama still keeps its execution protocol a secret. Neither the public nor the condemned and his lawyers get informed about the details of this protocol. But since of late we learned a bit more about it. Last week, when Ron suffered a torturous dead, Alabama officials told the public that “all went as outlined in the execution protocol”. This fact lead us to the conclusion, that they knew about the ineffectiveness of Midazolam, and therefore the prisoner would feel excruciating pain when the second and third drug were administered. In the light of these facts it is plausible, that they had no contingency plan at hand – they just didn't need one since they knew what would happen during execution.

Of course we knew ever since that Alabama gives a damn about justice and humanity. They brag about their Christianity but have no scruples to perform killings – even in the sacred Advent season. Alabama is infamous for its hunger for revenge, its bloodlust and mercilessness, and its capriciously construction of law. Nobody has seriously expected that Alabama would voluntarily refrain from killing. So the last hope was focused on the US Supreme Court – but the Justices failed. They compromised their own principles, acted arbitrarily and inconsistent. Sparing a man's life in a month by providing the “courtesy fifth” , and letting another man die the very next month by refusing to do the same without reason – that's playing with life and death, for everybody visible. The masks slipped.

Ursula

On December 8^th, 2016 between the hours of 10 pm, and before 12 midnight, in the vicinity of Holman prison in Atmore, Alabama there was a murder committed. In the description given on the suspects seen fleeing the scene of the crime, they were described as being four (4) conservative males, dressed in long black robes.

Although, they didn’t commit the actual murder, they became WILLING ACCOMPLICES in the mental and physical torturing death of Ronald Smith Jr., and they have just as much blood on their hands as the State of Alabama, if not more, because they could’ve stopped it from happening. They should’ve stopped it from happening … and they did, twice! However, in the end, they did what they always do when concerning Alabama and its so-called legal system, they backed away, and allowed a man, a human being to be murdered under an unconstitutional system. A system, they themselves deemed unconstitutional. Ronald Smith Jr., should have been given a stay, not two temporary stays, but A STAY! Hurst v. Florida, is a plain and simple case ruling, cut and dry – “A judge has too much power when allowed to override a jury”, and Ronald Smith’ case was a case of override from life in prison (by a jury) to death (by a judge), in the only state in the country that still has, and practices jury override religiously, Alabama. By not fully stepping in to stop this madness, this barbaric practice, and this unconstitutional murder of a United States citizen, the United States Supreme Court (SCOTUS) failed!

The United States Supreme Court failed Ronald Smith Jr., failed Christopher Brooks, failed Timothy Lockett, failed Joseph Woods, and they failed the United States Constitution. SCOTUS is a joke! They are mere pawns in a political machine, appointed to help further politicians own agendas, under the guise of legal constitutional rulings. You have what they refer to as conservative and liberal judges and somewhere stuck in the middle is the United States Constitution. It shouldn’t be that way in “A Real Justice System”, and it definitely shouldn’t be that way when a human being’s life is in jeopardy. Justice doesn’t play tug-of-war with a human being’s life, and sanity, but “Justices DO”.

In Oklahoma, SCOTUS could’ve stopped the execution of Timothy Lockett from going forward, but instead opened the door to Oklahoma’s death chamber for him, so he could be tortured to death, for an hour and 45 minutes.

In Arizona, SCOTUS had learned nothing from the Oklahoma debacle, or just didn’t give a damn, and allowed Joseph Woods to suffer even more torture than Timothy Lockett.

In Alabama, Christopher Brooks gasped and heaved this after he was given “the pinch-test”, to determine if or not he was unconscious. Eventually, Christopher Brooks died with one eye open, and one eye closed.

Now, we come back to December 8^th, and the horrible miscarriage of justice perpetrated against Ronal Smith Jr. … in Alabama! Ronald Smith Jr. was scheduled to be assassinated by the State of Alabama at 6 pm, at the Holman Concentration Camp in Atmore. However, a judicial tug-of-war was set in motion that would lead to an end with a human being suffering unspeakable mental and physical torture at the hands of his captors. Which was aided by the four (4) conservative males in long black robes (Roberts, Alito, Kennedy and Thomas), who were last seen fleeing the scene of their crime. Ronald Smith Jr. was mentally tortured. He was prepared for his assassination by a team of volunteer assassins (yes, they’re paid, but they volunteer for murder duty), only to be told he had a temporary stay. So, the assassination team could stand down, and Ronald could breathe a little. Then, the stay was lifted and again, the assassination team sprung into kill mode. Ronald had to again steel himself for what the assassins were told to do to him. Then, another temporary stay was put in place and the emotional rollercoaster for Ronald Smith continued. The mental torture continued! Then, that stay was lifted, and the path was cleared for the assassination team to add the physical torture to the mental torture, as the four (4) black robed accomplices fled the scene. While they were fleeing from their responsibility of upholding the United States Constitution i.e. … preventing a human being from being tortured to death, Ronald Smith Jr. was being that very thing, tortured to death. While SCOTUS stood idly by in their little hideout, Ronald Smith Jr. lay strapped to an instrument of experimentation, and the torture began. The midazolam was released, and by all authorities in the execution business who swear by it, it was “supported” to sedate him, and keep him unconscious while they next paralyzed him, and then poured liquid fire into his veins. It didn’t happen like that!! Instead, what happened was, in the course of thirty-five (35) minutes or more, Ronald Smith Jr. was given not one, but two “pinch-tests” (test for unconsciousness), his fist clenched, he gasped, choked and heaved, and no one saw fit to stop this tragedy. The United States Supreme Court (SCOTUS) failed!

As for the assassins who volunteered to participate in this ungodly practice of torturing a human being to death, hopefully that little extra money added to their paychecks will be enough to soothe their conscience, or they should give themselves some “pinch-test”.

Keep Fighting,

Maximus Strong

ALERT – ALERT – ALERT – ALERT

This is a special notice that’s being sent out in support of our fellow anti-death penalty friends and supporters in California.

IN NOVEMBER, 2016 – California, will be faced with two competing death penalty initiatives.

A measure to repeal the death penalty has already qualified for the ballot, thanks to the hard work and dedication of anti-death penalty organizations in California. However, there’s still much work to be done, and they could use all of our help. California, has the largest death-row in this country, and to have capital punishment become a thing of the past there, would be a win for us all. So, what we have to do is, reach out to our friends, family, and associates in California, and encourage them to vote, vote yes on proposition 62. Reach out to those we know who are abroad, that have voting rights in California, and encourage them to vote, vote yes on proposition 62.

The second measure, is a measure of the oppositions making. It’s a proposition designed to counter proposition 62. We cannot let this proposition pass. We have to help our friends defeat proposition 66.

Proposition 62 – is to repeal the death penalty in California. VOTE YES!

Proposition 66 – it to counter proposition 62. It would call for the state courts to decide
                             death penalty cases within 5 years, and would cut down appeals.

  Vote no!

Only the referendum measure with the most votes will get passed.

In 2012, a similar initiative (to proposition 62) failed 48 % to 52 %, even though repeal supporters outspent opponents 18 to 1, according to the Secretary of States Office. That means, the money was there, the support was there, but the votes weren’t. What will be needed in November, 2016 are the “yes” votes to push proposition 62 over the top this time, and avoid what happened in 2012.

The repeal would save about $150 million annually, including $50 million for the cost of appeals, according to a November report from the California Legislative Analysts Office. In a state that’s on the verge of bankruptcy those millions could certainly be better spent helping the living than trying to use it to kill the already incarcerated.

For more info:            Please contact Mike Farell, President of the Board of Taxpayers for
                                   Sentencing Reform.

                                   http://www.taxpayersforsentencingreform.org/

To our supporters with California connections, we wanted to inform you of the death penalty propositions that will appear on the ballot in November. The measure to repeal the death penalty is titled “The Justice That Works Act” and will be prop 62 on the ballot. This initiative will replace death row with life without parole, require inmates to work and pay restitution to their victim’s family and would save the state $150 million each year.

The competing measure with the misleading title “California Death Penalty Reform and Savings Act of 2016” will be proposition 66 on the ballot. CDPRSA, or prop 66, attempts to preserve the death penalty by speeding up the process, by forcing state courts to decide death penalty cases within 5 yrs.

Our HOPE is that every voter in California goes into the voting booth educated and aware. Help us spread the word and clean up any confusion about these 2 competing measures.

Yes on 62!

No on 66

It’s amazing how someone can live in a place for decades and still learn new and interesting facts about it. I guess, it’s true what they say, “You learn something new every day”. I, myself, live in Alabama, who most of us have heard, referred to as The Heart of Dixie. But, this state has another nickname: The Camellia State. The name is a reference to the state flower, the camellia. This was just one interesting tidbit of information I learned about the state I was raised in.

But, something even more startling than that, is our state’s motto: Andemus Jura Nostra Defendere (We dare defend our rights.). When I saw this, my eyes nearly jumped out of my head. This phrase was obviously adopted by Alabama before independence was declared for the slaves, because it’s a mockery to every black person, minority and lower-class citizen in the state. Alabama was founded on racism, and it’s still coursing strongly through its veins.

Today, Alabama is fighting tooth and nail to deprive us the rights granted and guaranteed to us by the Bill of Rights. In a case recently ruled on by the U.S. Supreme Court, Hurst v. Florida, the judges agreed that we have the right to a trial by jury, and that the judge does not have the power to overrule their decision, which is how the court system works in Alabama. So, why is it that the state’s officials are screaming that this decision made by the U.S. Supreme Court, the highest and most powerful court in the country, doesn’t apply to our state? And why is Alabama going to refuse to follow the laws of this country until the U.S. Supreme Court finally steps in and has to directly enforce them? Yet, this state boasts the motto: We dare defend our rights! I repeat, this is a mockery!

Castro