OKLAHOMA CITY(AP)
A call from death row inmate Terry Lyn Short interrupted a
meeting in the office of his attorney, James Rowan.
Short wanted a promise that, after he is put to death next
month, he won't end up in a pauper's grave in the cemetery
that contains the bodies of many of those hanged, electrocuted and
lethally injected at the 100-year-old Oklahoma State
Penitentiary.
Rowan told his 47-year-old client not to be concerned about
that. "It's not going to cost you anything, so don't
worry about it. That's the least of your worries," he
said.
What worries Rowan and other defense attorneys is the
possibility that an innocent man could be executed now that the
nation's death-row machine is gearing up again following the
U.S. Supreme Court ruling that upheld the constitutionality of
lethal injection.
They point to past death sentences of men who were later
exonerated, blaming ineffective lawyers, overzealous prosecutors
and shoddy evidence.
"The answer is yes, it could happen," said Rowan, who
has defended more than 40 capital cases.
Since 1973, 129 people have walked off death rows in 26 states
after evidence proved they were wrongfully convicted, according to
the Death Penalty Information Center.
Florida leads all states with 22 exonerations, followed by 18 in
Illinois. Oklahoma is one of five states that have each freed eight
inmates from death row. One of the Oklahoma men, Ron Williamson,
spent nine years on death row and came within five days of
execution before he was set free by DNA evidence. The case formed
the basis of John Grisham's best-selling "The Innocent
Man."
Oklahoma's executioners have administered lethal injections
to 86 people since the death penalty was reinstated in 1976,
trailing only Texas with 405 and Virginia with 98.
Nobody has ever been able to produce irrefutable proof that any
innocent man was executed in recent U.S. history, but
Oklahoma's execution of Malcolm Rent Johnson has troubled many
death penalty opponents. He went to his execution proclaiming his
innocence.
A star prosecution witness against Johnson, convicted of the
1981 rape and strangulation of an elderly woman, was police chemist
Joyce Gilchrist, who was later fired amid allegations of shoddy
forensic work and misleading testimony.
"There were serious questions about his case," said
Vicki Werneke, chief of the capital post-conviction division of the
Oklahoma Indigent Defense System. "There was a lot of
circumstantial evidence in that case, but he was executed in 2000,
right before the whole issue with Joyce Gilchrist came to
light."
Attempts to contact Gilchrist for comment were unsuccessful;
there is no listed telephone number for her in Oklahoma City.
A current case that has raised questions is that of Paris
Lapriest Powell, convicted in the 1993 shooting death of a
14-year-old in a gang-related, drive-by shooting in Oklahoma
City.
Powell, then 19, and a co-defendant were convicted and sentenced
to death based largely on the testimony of prosecution witness
Derick Smith, a convicted drug dealer who has since recanted his
testimony and said he lied.
A federal judge has ordered a new trial for Powell, now 34. The
state has appealed the judge's ruling.
Powell, one of 83 condemned inmates in the "H-unit" of
the state penitentiary, has always maintained his innocence.
"I've never really sat back and contemplated my last
meal or anything like that. I've refused to accept that,"
Powell said in a recent interview with The Associated Press.
He describes a sense of community on Oklahoma's death row,
where inmates share a common goal of avoiding the nearby death
chamber.
"You can't help but to think about it. You always know
that it's there," Powell said.
"I don't prefer death at all, but if I have to die ...
I'd choose old age."
Both Powell and Johnson were prosecuted by the office of Bob
Macy, Oklahoma County's chief prosecutor for more than two
decades.
Macy, now 78 and retired, oversaw an office that sent to death
row 34 of the 86 inmates who have been executed in Oklahoma since
executions resumed in 1990.
While Macy acknowledges that forensic science has advanced
greatly in recent years and that appellate courts sometimes
criticized his arguments, he said he never sought the death penalty
unless he was convinced a defendant was guilty.
"I have always believed the death penalty is a deterrent,
and it's one reason I sought the death penalty as often as I
did," he said.
"We tried at least 60 capital murder cases, and I think we
got the death penalty in 54 of them," he said in a telephone
interview. "The only time you get the death penalty is when
you have greatly cruel, sadistic-type crime."
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