23 October 2007
Governor Bob Riley
Dear Governor Riley,
This is my fourth letter to you. In order to make it easier for you to answer any of my letters, should you decide to do so, kindly either post a comment on my blog at www.justicefortommy.blogspot.com or you can also send it via email to justicefortommy@gmail.com. All my letters to you are reflected on my blog.
I was quite disappointed to note that you are still adamant to continue with executions in your State, irrespective of the stays ordered by the US Supreme Court, the decisions of other Governors of State and the various courts. I fail to see how this cannot, at least, convince you to postpone executions.
In the particular case of Thomas Arthur you keep using the words “overwhelming evidence”. In my mind, the word “overwhelming” means totally and utterly beyond ALL doubt, not so?
We know this is not the standard though. The standard is beyond all REASONABLE doubt. We also know that many interpreters differ in defining “reasonable doubt” and that juries more than often do not understand this concept.
My personal favorite is an explanation given by a Public Defender friend in Dallas, Texas, whose explanation of “reasonable doubt” makes a juror’s eyes light up in understanding.
He explains it as such:
"So when you're back there deliberating about this case, think about this: not sure if he did it? Not guilty. Think he might've done it? Not guilty. Think he did it? Not guilty. Pretty sure he did it? Not guilty! You've got to believe beyond all reasonable doubt that he did it, to get to guilty. We're not talking about hair-brained, far-fetched doubt. But if anything our witnesses said made reasonable sense, that's reasonable doubt. If the State's stories have any holes, that's reasonable doubt. We ask that you return a verdict of not guilty."
Are you aware that after Arthur’s trial, some jurors mentioned that they would have voted differently if they were presented with the new evidence that Arthur could have been at another location at the time of the murder and also that the DNA evidence was never tested? In other words, they would have had reasonable doubt. How does this now tie up with your statement of “overwhelming evidence”, Governor?
I am also aware that a letter was written to you recently by Debbie Murphree of Alabama, asking you to explain the “overwhelming evidence” you base your argument on. I am also aware that you have not, as yet, answered her letter. Can you make time to explain this term, Governor? In detail? By your own words and undertaking prior to your re-election, you are bound to do so and to answer your citizens, Governor.
In this, I refer to your statements as to “transparency, openness and honesty” in your “Plan 2010 – Our vision for Alabama”, where you say:
“Of all the things we have accomplished during the past four years, I am most proud of the fact that our administration has operated in an open and honest way. We brought together a world-class cabinet and gave them one order—in every instance, do what is right.” (page 18)
“Our Goal: By 2010, Alabama will be recognized as the most open, honest, and accountable state in the nation.” (page 18)
“If there is one program that embodies the transparency and accountability our administration has brought to Montgomery, it is SMART Governing. SMART stands for Specific, Measurable, Accountable, Responsive, and Transparent—and we have made it the new mantra for state government.” (page 19)
“SMART Governing will set the tone for transparency and accountability in government that taxpayers have been demanding for years. This is our administration’s boldest step yet in building trust in Montgomery.” (page 20)
“One of the state’s most fundamental duties is to protect its people, and we have always made this responsibility a top priority. Having six grandchildren, I can tell you that I am constantly reminded of the potential dangers that threaten our communities.” (page 35)
“Our administration has made great strides in making Alabama a safer place to live, and we will never stop working to protect our citizens.” (page 35)
“Our Goal: By 2010, we will improve the safety of people and property through an aggressive focus on preparedness, enforcement, and rehabilitation.” (page 35)
“And our belief that decisions affecting individual Alabamians are best made by those individuals and their families without government getting in the way gives us a strong sense of community.” (page 42)
“The job of state government and its employees is to serve the hardworking people of Alabama in a manner that is worthy of their investment and representative of their values.” (page 42)
Having quoted all that, the following questions arise:
1. As you recently changed your protocol for the death penalty by lethal injection and also prior to that, why have you never divulged the contents of the protocol? Would it not be “transparent” for you to do so, in light of your undertaking of being transparent?
2. Why are you not having the DNA evidence tested in Arthur’s and other cases, leaving the potential to arise that another murderer could still be at large? Would this not be in line with your undertaking of it being your “most fundamental duty”, which is to protect your people?
3. Does your order to, “in every instance do what is right”, include the testing of DNA, which is similar to the undertaking given by District Attorney Craig Watkins in Texas to have DNA tested in felonies as far back as 1970 or do you not deem such testing to be included in “do what is right”?
4. Having received the investigation of the American Bar Association as to the failures in your Death Penalty System, would you deem it “honest” to NOT investigate their findings and admit any failures of the system and institute measures to correct it, as is presently the case in Alabama? As a side note; failure to admit deficiencies in a system, in the face of “overwhelming evidence”, is tantamount to dishonesty. In Psychology it is called “denial”, Governor.
5. As the majority of Alabamians, in a poll, have voiced their concern as to the possibility of innocent persons being executed and possible innocent people being on deathrow, would it be representative of their values and concerns to NOT listen and NOT do something about it? I did see in your plan that you do say that “accountability” is a big 2010 goal, Governor.
6. As the majority of Alabamians, in fact 80%, in a poll, have indicated that reform of the death penalty procedure is need, would it be representative of their values and concerns to NOT listen and NOT do something about it?
Based on what you said in your 2010 plan and what is the current status quo, seems to be miles apart, Governor. Can you explain this or is it simply a case of political campaign promises and nothing else?
Lastly, your failure and denial of the testing of DNA evidence in the Arthur case, is this true justice or rather a case of “just us”, Governor?
I AGAIN thus ask you, for the sake of decency, humanity, mercy and justice, to allow DNA testing to be done in this case and to open up your death penalty lethal injection protocol for your citizens to inspect, in order to avail themselves of the opportunity to either join or refute your standing that it complies with the 8th Amendment. Your Creator, who entrenches the right to life in Section 1 of your Constitution, demands it of you.
Yours Faithfully,
Dr. Thinus Coetzee
justicefortommy@gmail.com
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