State irresponsible for ignoring DNA evidence
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Yet, in a recent case in Tennessee, a man has been executed even though there are still major concerns about whether he was rightfully convicted.
Sedley Alley was a man convicted of a horrific crime for which the death penalty seemed, to many people, to be the only alternative. However, the facts of this case, including both the coroner?s report on the time of the victim?s death and the eyewitness description of the perpetrator, should have excluded Alley from consideration of guilt. Additionally, it has been reported that the prosecution committed what is known as prosecutorial misconduct by withholding relevant, possibly exculpatory evidence from the defense.
There are physical items in the possession of the state that could have, and should have, been DNA tested to establish whether Alley actually committed this crime.
Twenty years ago, when the original conviction was obtained, the testing of DNA evidence was not available. Today, this procedure has led to the acquittal of many who were wrongfully convicted, and could forever put an end to the speculation of guilt or innocence in Alley?s case. The Attorney General?s office fought to have DNA testing disallowed.
Tennessee?s own Board of Probation and Parole recommended to Gov. Bredesen that he delay the execution and order the DNA tests to determine if Alley was indeed the killer. The governor granted a 15-day reprieve, but did not order the DNA testing. This response did not go nearly far enough to ensure justice would be done. His refusal to follow the board?s recommendation in its entirety defies all logic, common sense and fairness.
At 10:15 on the night of the killing of Sedley Alley, Bredesen?s spokesperson made a press statement, saying the governor ?believes that this matter has been thoroughly and appropriately reviewed by the courts and has therefore denied clemency.? This is a cruel and nonsensical statement, since the governor himself had the power to order DNA tests and supply the information to the courts that would have allowed them to ?thoroughly and appropriately? review the case.
Forty-five minutes later that night, at about 11 p.m., a stay of execution was obtained from Judge Gil Merritt, of the 6th U.S. Circuit Court of Appeals. Once again, the state attorney general?s team fought back vigorously, and appealed the stay. Unfortunately, they prevailed. Two judges from that court, Chief Circuit Judge Danny J. Boggs and Judge James L. Ryan, overturned Judge Merritt?s ruling.
Most of us assume the legal processes leading to the death penalty are fair, equitable, and free from human error. It is obvious this assumption needs to be questioned.
Sedley Alley was put to death by the state of Tennessee at approximately 2 a.m. June 28, leaving his two children behind as innocent victims who had also appealed the governor for DNA testing. The defense team has said it will continue to pursue access to the evidence for DNA testing. If attorneys are successful in that endeavor, and Alley is proven innocent, hopefully the shock of that revelation will lead our citizens and our legislature to consider the fact the death penalty system is, indeed, broken, quite possibly beyond repair.
If that happens, Sedley Alley?s death will not have been completely in vain.
Michael August is a member of the Tennessee Coalition to Abolish State Killing and Veterans for Peace. He lives in Nashville and can be reached at (615) 226-8070.