Congressman Johnson Re-Introduces Bill To Protect Innocent Americans From Execution

Congressman files legislation that allows death row inmates the ability to introduce new evidence

WASHINGTON, D.C. – Rep. Hank Johnson (D-GA) announced that he has re-introduced the Effective Death Penalty Appeals Act, which would ensure that death row inmates have the opportunity to present newly discovered evidence of innocence.

Under current law, an inmate on death row can be stranded with no procedural options to appeal a conviction, even if there is compelling new evidence that he or she is innocent. Many states do not allow the accused to present newly uncovered evidence of innocence. The Effective Death Penalty Appeals Act would fix that injustice.

“We’ve got innocent people on death row right now with no opportunity to show compelling new evidence of innocence. The status quo is inhumane and unconstitutional,” said Rep. Johnson, ranking member of the Courts subcommittee. As a young lawyer just out of law school, Rep. Johnson successful defend a man on death row and won his freedom.

“I believe we should completely abolish the death penalty, but while 25 states – half of which are in the South – still have some form of capital punishment on their books and some states like Alabama, Texas and Georgia continue to hold state executions – America needs the Effective Death Penalty Appeals Act to help wrongly convicted people on death row present newly discovered evidence that they are innocent.” said Johnson.

The Effective Death Penalty Appeals Act would:

(1) empower the federal courts to grant habeas corpus relief for a prisoner on death row who presents newly discovered evidence that demonstrates probable innocence; and

(2) allow prisoners on death row to file successive federal habeas petitions if, and only if, they present newly discovered evidence that a federal three-judge panel determines may be reasonably expected to demonstrate innocence.

(3) in reaction to the Supreme Court case of Shinn v. Ramirez, this bill includes one additional provision. Some states do not allow ineffective assistance of counsel claims on direct appeal. Then in their habeas case, the court says they cannot rule on the issue because there is no evidence. This bill provides that death row inmates from those states who raise an ineffective assistance of counsel claim can have an evidentiary hearing on the issue.

If a federal court were to grant such a habeas corpus petition, the case would likely return to its original jurisdiction for retrial.

The release of more than 200 death row inmates in the United States since 1973 shows that our justice system is far from perfect. And since 1989, there have been more than 367 post-conviction DNA exonerations in the United States – 21 of which were prisoners on death row. The death penalty is the most final of sentences, and we have no way of knowing how many innocent people have been executed because of flaws in the system.

“When it comes to a human life, the courts must always be able to take a closer look at evidence that supports claims of innocence. We should never put an innocent person to death,” said Rep. Johnson.

Original Cosponsors: Chellie Pingree (ME), Eleanor Holmes Norton (DC), Schakowsky (IL).

Read the full text HERE.

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