We always attempt to be positive but in Alabama that is very difficult even if one is not on death row. And so we discussed the elimination of Rule 45A Alabama Rules of Appellate Procedure which required that appellate courts consider all constitutional violations that occurred at a trial on direct appeal, even if there were no objections at the time. The new rule says courts don’t have to consider any of those violations if there was no objection at the time. To quote EJI: “Mandatory plain error review has been responsible for nearly 40% of all reversals in Alabama death penalty cases.” The Alabama Supreme Court didn’t even follow the established procedure for making a change, but then this is racist Alabama “where all life is sacred.” Governor Ivey called this as well as the time extension for executions change a “win for justice” and supporters said the appeal change would ease the burden on the court system. But a noted death penalty lawyer said the changes end a crucial avenue of review and increase the likelihood of “more cruelty and potential torture.” Yes, Alabama style justice!
In the Death Penalty Information article “Kenneth Smith Describes Alabama’s Failed Attempt to Execute Him” the reader is presented with more Alabama style justice. “When guards came to remove him from the execution chamber, Smith was trembling, sweating, hyperventilating, dizzy, and could not lift his own arms to be handcuffed or walk unassisted.”
We are grateful to announce a fundraiser that a friend has launched for us, and we hope you will consider supporting him and us. Our friend and brother on the row, Rocky Myers and his amazing team have launched a t-shirt campaign to help spread the word about the injustices in his case, of which there are many, and which mirror so many of the injustices that so many of us on the row are so very familiar with. It is Rocky’s wish that the profit from his t-shirt sales will go directly to us. We hope you will consider buying a shirt and sharing the campaign. Help share our story, help us share Rocky's story. It is a story that is too familiar in Alabama--one of injustice and unfairness and of a broken system.
You can check out more about Rocky’s story on the campaign page and the resources listed there. https://www.bonfire.com/justice-for-rocky/?utm_source=copy_link&utm_medi…
In closing and as always, we continue to thank all our generous donors who either gave by going to our website and using the “donate” button or who gave directly. Thank you also to all who took the time to read our notes, commented, liked and shared them on Facebook. You encourage us and make all the difference. Stay safe!
Esther
