VADP Newsletter, 2009 September

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Virginia Lifelines

Issue No. 1

VIRGINIANS FOR

ALTERNATIVES

TO THE DEATH PENALTY

VADP Organizes Around
the Commonwealth

2009 has already been an exciting year for
abolitionists around the country. We celebrate the
repeal of the death penalty in New Mexico,
Maryland strictly limiting their capital murder statute
and the C icut legi: jing an

abolition bill. We too had legislative victories in
Virginia with the defeat of all five bills to expand the
capital murder statute (read more on page 4).

These successes are due in large part to active
grassroots supporters like you. VADP has been
building momentum in Virginia through an intensive
education and outreach campaign. Hundreds of
individuals have attended the 23 events that VADP
has hosted or participated in across the
Commonwealth thus far in 2009. These events have
brought over 400 individuals into the abolition
movement as new members of VADP. Event
formats have included educational forums, film
screenings, lectures, and tabling at music concerts.

VADP will be continuing these efforts with a packed
agenda of programs and events for this fall. For
example, in October we will be hosting an
“Innocence Tour" where a death row exoneree will
speak in several locations across the state. We will
be sending out information on these events in the
coming weeks and you can always find updates
on our website, www.vadp.org.

If you are interested in hosting an educational
forum, film screening, or event in your community,
please contact us at office@vadp.org or (888)
567-8237. We can craft an event to the specific
interests in your community. You can read about
Chris Zinner's experience hosting a film screening
and discussion at his church on page 7.

SAU ng

a | i”
soon THE

THE DEATH ey ny

LADY
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VADP Protest of the execution of Eddie Bell , February 19, 2009, Richmond

Here are a few places that VADP has been lately:

Educational forums at St.
James Episcopal Church,
Richmond Friends Meeting
and St. Mary's Catholic
Church.

Lecture and book signing by
Thomas Cahill, author of "A
Saint on Death Row", at St.
Charles Borromeo Church in
Arlington

“Confronting Injustice: Race,
Poverty and the Death
Penalty" lecture by Bryan
Stevenson at Sojourners United
Church of Christ in
Charlottesville

Our presence across the
Commonwealth is only
possible through the
dedicated volunteers who
help to make these events
possible.

Thank you to the dozens of

Lecture by Shujaa Graham
who is a death row exoneree
at Christopher Newport
University

Film screening of "Juan
Melendez 6446" and
discussion on the death
penalty at Our Lady Queen of
Peace Catholic Church in
Arlington.

VADP volunteers have staffed
tables at several concerts
including Michael Franti &
Spearhead, the Indigo Girls,
and the Dave Matthews Band.

ABOLISH
the DEATH
PENALTY

ATE

volunteers who have helped
educate their communities this year!

Virginia Lifelines * P.O. Box 4804 * Charlottesville, VA 22905 * (434) 960-7779 * (888) 567-8237

Fall 2009

A Message from the
Executive Director

Momentum for major reforms and
abolition of the death penalty is building
in Virginia and across the county.
Because of the dedication of so many
volunteers and supporters, VADP’s
campaign to end the death penalty is
making great strides. In 2009 alone,
hundreds of Virginians have attended educational
events, all death penalty expansion legislation was

defeated, and there has been a significant amount of
anti-death penalty media coverage. It has been a
pleasure to meet many of you at our recent events
around the Commonwealth and | look forward to
continuing to get to know VADP’s supporters.

VADP staff and supporters have had several letters to
the editor and an op-ed published and our press
releases are being picked up by newspapers
throughout the state. The Virginian Pilot wrote an
editorial saying that New Mexico and New Jersey show
Virginia a better path - a path without capital
punishment. The abolitionist voice is being heard!

The death penalty is flawed on so many levels and this
fall one of the many issues that we will emphasize in our
efforts is innocence. In recent months, we have seen
the issue of innocence highlighted quite a bit with Gov.
Kaine issuing a conditional pardon for three of the four
men known as the “Norfolk 4". Additionally, lawmakers
from both parties called for the General Assembly to
take up a bill during their special session in August to
compensate Arthur Whitfield, a man who was
wrongfully convicted of rape and spent over 22 years
in prison. The grave reality of executing an innocent
person has been demonstrated by recent scientific
reports which have indicated that it is likely Texas
executed an innocent man, Cameron Todd Willingham
in 2004. The public and lawmakers are repeatedly
seeing that wrongful convictions occur all too
frequently and we are working to keep this issue in the
public eye. VADP will be hosting a statewide
“Innocence Tour” in October with a death row
exoneree to highlight these injustices and show that no
system is foolproof.

Issue No.

The abolition movement continues to build in Virginia,
but we will face challenges and VADP needs your
continued support to overcome those challenges. The
number of new death sentences in the
Commonwealth is steadily declining, but the state
continues to have the second most active death
chamber in the country. VADP will continue to organize
against executions and keep you updated. Please
check out VADP's website www.vadp.org, which is
updated daily, for information and news. Also, |
encourage you to sigh up for VADP's email action
alerts to stay informed about current cases, pending
executions, legislation, and events in your area. We are
also fortunate to have recently received a matching
grant for $5,000 from the Unitarian Universalist Fund for
a Just Society. If you make your contribution to VADP
now, it will be doubled through this matching grant!

Virginia's path to abolition may be a bit longer than
New Mexico's but because of your support, we are
making great strides on that journey. | look forward to
continuing to work with you as we move Virginia
toward reform and repeal. If you have any questions or
suggestions about VADP's work, | encourage you to
contact me.

Peace & Hope,

CAlhuLlO

Beth Panilaitis

Board of Directors
Jonathan Sheldon, Esq.
Board President

Betty Gallagher, PhD

VADP Staff
Elizabeth Panilaitis, MSW
Executive Director

Jerry Givens Matthew Sellman
Hunter Mabry, PhD Administrative Director
Ryan Nixon

Stephen Northup, Esq.
Marilyn Stark
Scott Vollum, PhD

Virginia Lifelines * P.O. Box 4804 * Charlottesville, VA 22905 * (434) 960-7779 * (888) 567-8237

1

Fall 2009

Good News for
Justin Wolfe from
the 4th Circuit

Many of you have
closely followed
the case of Justin
Wolfe who has a
strong claim of
innocence. He
was convicted of

murder for hire in
2002 based primarily on the
testimony of the actual
triggerman, Owen Barber.
However, in a 2005 affidavit,
Barber said that Justin had no
involvement in the murder. In
December his case was heard by
the U.S. Court of Appeals for the
4th Circuit, one of the last stages
in the appeals process.

In May the 4th Circuit issued a
unanimous opinion that sent his
case back to district court for a
hearing on several of his claims.
This is now a multi-step process in
district court which may lead to
Justin having the opportunity to
introduce new evidence of
innocence, including the affidavit.

This is a great outcome and leaves

the door open for exoneration!

Issue No. 1

VADP Participates in Global Day
of Action for Troy Davis

On May 19*, individuals and groups
around the world participated in a
Global Day of Action for Troy Davis
where participants took part in
events to call attention to the
injustice in his case. VADP organized
rallies in Charlottesville and
Richmond. Thank you to John
Thorpe, an Amnesty student
coordinator, for all of his work helping
to organize the Richmond rally.
Participants passed out dozens of
flyers, collected petition signatures,
educated passers by on Troy's case
and the death penalty in general,
and were a visible presence to the
hundreds of people that passed
each rally.

Troy Davis was sentenced to death
for the 1991 murder of Police Officer
Mark Allen MacPhail — a crime for
which Troy has continually
maintained his innocence. The
murder weapon was never found
and there was no physical evidence
linking Davis to the crime. He was
convicted on eyewitness testimony —
since the trial seven of the nine
witnesses against him have recanted
their testimony and many have
stated that they were pressured or
coerced to testify or sign statements
against Davis. On August 17" the
U.S. Supreme Court ordered a new
evidentiary hearing for Troy Davis
providing him with the chance to
prove his innocence!

The Global Day of Action for Troy Davis helped to not only bring attention
to the injustice of his case, but also to the numerous issues with the death
penalty - including executing innocent people.

5 Lam |

all Oy
1AM AM
TT OY

JUSTICE

FOR
= TROY DAVIS!

Supporters at the Rally for Troy Davis in Richmond

Virginia Lifelines * P.O. Box 4804 * Charlottesville, VA 22905 * (434) 960-7779 * (888) 567-8237

Fall 2009

2009 General

Assembly Update:

No New Death Penalty
Expansion in 2009

Several bills that would impact
the death penalty were
introduced during the 2009
General Assembly Session
including an abolition bill, reform
legislation, and bills to expand
the capital murder statute. VADP
supporters were active throughout
the session contacting legislators
via phone and email, meeting
with legislators in Richmond,
and testifying at committee
meetings. Members of the
House and Senate Courts of
Justice committee were visibly
moved when Linell Patterson and
Ryan Nixon shared their personal
stories about losing a loved one
to murder and opposing the
death penalty.

In addition to maintaining a
strong presence at the General
Assembly, VADP identified new
allies in the legislature,
strengthened our relationships
with several legislators, and
worked in concert with several
allied organizations. These efforts
paid off in that all five of the
bills to expand the death
penalty were defeated!

Issue No.

Here is a recap of death
penalty legislation:

Abolition:

Delegate Frank Hargrove introduced HB 1755 to abolish the death penalty.
This bill was passed by indefinitely in the House Courts of Justice Criminal
Subcommittee. We celebrate Del. Hargrove's commitment to ending the
death penalty and his numerous contributions to the movement and we
wish him well on his retirement.

Reform:

SB 939 would provide indigent defendants with ex parte hearings for the
appointment of experts in capital cases. This bill passed the Senate
unanimously but failed to be reported out of the House Courts of Justice
Criminal Subcommittee.

Expansion:

Although we again faced threats to expand the capital murder statute
with the introduction of five expansion bills; the power of constituent voices
was seen in that no new expansion to the capital murder statute became
law in 2009! These bills collectively would have amounted to three
expansions:

Eliminating the “triggerman rule" so that principles in the second degree and
accessories before the fact would be eligible for the death penalty. [SB 961 &
HB 2358]

Adding the murder of auxiliary law enforcement officers to the capital murder
statute. [SB 1409 & HB 2638]

Adding the murder of fire marshals and assistant fire marshals with law
enforcement powers to the capital murder statute. [SB 1069 & HB 2638]

All five bills passed and three of them passed with a veto proof margin
meaning that enough legislators voted for the expansions in both the
House and Senate that they could override the Governor's veto on those
bills and they would become law. Governor Kaine did veto all of these
expansion bills.

Most advocates were able to take a breath when the legislative session
ended, but abolitionists from across the Commonwealth kicked their efforts
into high gear to prepare for the “veto session” on April 8" when the
legislature reconvened to vote on bills the Governor had vetoed or
changed.

Continued...

A804 * Charlottesville, VA 22905 * (434) 960-7779 * (888) 567-8237

1

VADP with help from the Virginia
Catholic Conference arranged
constituent meetings with key
legislators in the six weeks between
the regular session and the “veto.
session”. Dozens of abolitionists met
with their legislators and educated
them on the dangers of these
expansion bills. And those meetings
were a success! When the legislature
reconvened in April, the Senate
sustained all of the Governor's vetoes
by margins of 2 and 3 senators —
widely acknowledged as an
unexpected outcome. That is the
power of grassroots advocacy and
demonstrates the growing
momentum of the abolition
movement in Virginia. Thank you to
the hundreds of advocates who
made those successes possible!

It is likely that we will again face the
challenge of expansion legislation,
but with growing numbers and
growing momentum we will be
prepared for that challenge and also
will be proactively introducing reform
legislation. | look forward to working
with you to change the momentum
of the Virginia General Assembly
away from expansion and toward
reform and repeal of the death
penalty.

Check out the legislator vote tracker
on VADP's website (www.vadp.orq)
to see how your Senator and
Delegate voted on death penalty
legislation. Contact the office if you
would like a hard copy of the vote
tracker sent to you.

Issue No.

Changes to the Executive Board

Four members of VADP's Executive Board have retired from their
positions on the Board but continue to be active members of the
abolition movement. We thank Mary Atwell, Aimee Perron Seibert, Tyson
Daniel, and Albert Monroe for their dedicated years of service to VADP.
Albert will be joining the Board of the Connecticut Network to Abolish
the Death Penalty as he will be attending law school at Yale this fall.

VADP is pleased to welcome three new members to the Board of
Directors; Ryan Nixon, Scott Vollum, and Jerry Givens. They all bring
unique perspectives and talents to the movement and the leadership of
VADP.

Ryan remained unshaken in his opposition to the death penalty even
after the tragic murder of his sister Christy Anne Nixon in 2005. He seeks
to educate others on the death penalty through his personal story

and has spoken at VADP events and testified in committee meetings at
the General Assembly. Scott, a professor of Justice Studies at James
Madison University in Harrisonburg, teaches and researches in the areas
of the death penalty, violence, criminological
theory, and sociology of law and has written
two books on the death penalty. Jerry has a
unique and personal connection to the
death penalty as a former employee of the
Virginia Department of Corrections where
from 1982-1999 he also served as the chief
executioner for the Commonwealth. Since his
time with the DOC, Jerry has become an
outspoken advocate for abolition and is
currently writing a book about his

experiences, “Another Day is My Promise”. Jon Sheldon, Board president and

Albert Monroe

Virginia Votes 2009: Every Vote Counts!

VADP is a non-partisan organization that does not endorse candidates,
but we do encourage our members and supporters to register to vote
and engage in their civic right on Election Day.

This November, in Virginia there will be elections for the Governor,
Lieutenant Governor, Attorney General, and all 100 seats in the House of
Delegates.

Election Day is Tuesday November 3, 2009
and the registration deadline is October 5, 2009.

Virginia Lifelines * P.O. Box 4804 * Charlottesville, VA 22905 * (434) 960-7779 © (888) 567-8237

1


Fall 2009

Supreme Court
Grants Stay of
Execution to
Paul Powell

By Jon Sheldon

On July 13, 2009, the Supreme Court
stayed the execution of Paul Powell
indefinitely while they consider his
petition for review. This action by the
Supreme Court is a repudiation of
the Virginia Attorney General's
abusive tactic of using execution
dates in an attempt to curtail review
of first habeas petitions for death
sentenced inmates. The Court may
grant Powell's petition in September,
and then consider the merits of his
case in the fall. Alternatively, the
Court may deny review, in which
case the Attorney General would
again request an execution date
and Powell would be executed in
the fall unless Governor Kaine
intervenes.

Virginia was preparing to execute
Paul Warner Powell based on a
blatant double jeopardy violation:
the Commonwealth tried Powell
twice for the killing of the same
victim, and the Commonwealth
obtained a death sentence based
on indisputably false information
about Powell's prior criminal record,
including at least two

prior convictions for capital murders.
Powell did not commit.

Voices for Abolition

By: Marisa Allison

| have often tried to live my life by
Alice Walker's thought that “Activism
is my rent for living on this planet.”
From June 29th through July 2nd |
paid some of that rent and joined in
solidarity with abolitionists from
across the U.S. voicing our opposition
to the death penalty at the 16th
Annual “Starvin' for Justice” Fast and
Vigil in Washington D.C. During the
four days that we spent in front of
the U.S. Supreme Court | learned a
larger extent of the suffering through
activism than | could have ever
imagined being able to accomplish
prior to this experience. My
recognition of this led me to change
the type of activist | will be from this
point on. | now know how far! can
physically and mentally push myself
and how much more | can do to
push for change in the unjust system
we call criminal justice.

During those four days, not eating
provided me a significant amount of
time to reflect on the reasons for this
fast and the unity it gave me with
people suffering far more than |. |
often thought of what it must feel like
to sit in a cell with no human contact
for years, the incomparable suffering
that people go through knowing
that they will have to place
themselves onto the executioners’
table, the anguish death row family
members endure trying everything
they possibly can every day to keep
them off that table, the despair
murder victim's family members feel
when all our nation offers them to
cope is retribution, and the

Issue No. 1

frustrating, voiceless feeling we all
have as abolitionists not knowing
how many innocent people are
sitting on death row at this moment.
The most vital thing | learned from
this experience was the value of my
own voice as an abolitionist. It may
get drowned out in all the other
voices, and if it does, | must learn to
speak louder. Gandhi said “You may
never know what results come from
your actions, but if you do nothing
there will be no result.” | now know
that | have to do everything |
possibly can
to stop this
horrific
violation of
human rights
because
activism is
not just my
rent for living
on this planet
anymore, it is
my purpose.

C

kandayo

A special thanks to Becky Gregory,
Managing Director of Kandayo, LLC.
for donating the design of VADP’s new
brand identity.

For more information, please visit:
www.kandayo.com

Virginia Lifelines * P.O. Box 4804 * Charlottesville, VA 22905 * (434) 960-7779 * (888) 567-8237

Fall 2009

Conversation with Chris Zinner

ing of “Juan — 6446”

Chris was the main

for a film

and discussion at his parish Our Lady Queen of Peace in June.

Q: How did you first learn about VADP?

A: | first learned about VADP from a
fellow parishioner at my church during
a discussion about the unjust nature of
the death penalty. Later, | attended a
VADP sponsored event at St. Charles
Borromeo Catholic Church, where |
had a chance to meet and speak with
Beth Panilaitis, executive director of
VADP.

Q: What motivated you to organize an
educational event on the death
penalty in your community?

A: | have felt passionate about the anti-
death penalty movement since | was a
freshman in high school, when | chose it
as the topic for my speech as part of
the Speech & Debate Team. | was not
very competitive that year, but | built a
foundation of belief that has stayed
with me ever since. When | found
myself living in the state with the
second highest rate of executions, my
long standing belief motivated me to
do something....anything to raise
awareness of this innumane practice
that we support with our silence.

Q: Describe the event you hosted at
Our Lady Queen

of Peace.

A: We screened a 45 minute
documentary, “Juan Melendez — 6446"
followed by a series of short
presentations including Fr. Joe Nangle,
OFM on the spirituality of the death
penalty; Beth on the current state of
the death penalty in the
Commonwealth; and concluded with
Jeff Caruso from the Virginia Catholic

Conference speaking on what we can
do in terms of legislative

advocacy. Lastly, Fred Cain, OLQP’s
Social Justice Minister facilitated a Q&A
session. It was well attended with over
60 people and received a very positive
response from those in attendance.

Q: How did you decide on that specific
type of event?

A: | chose an educational event
because | truly believe that if most
people took the time to hear the true
facts and stand for a moment in the
shoes of the accused or their family,
that they would reconsider their support
of the death penalty. And although
the crowd consisted primarily of those
in strong opposition of the death
penalty, | hope that such events
motivate others and provide energy to
the attendees to conduct additional
advocacy.

Q: How did you publicize your event?

A: This was the key to the event's
success. As Catholics, we have a very
effective and free marketing channel:
the Sunday bulletin. However, getting
an announcement in another parish's
bulletin is not quite as simple as you
might think. But persistence and
politeness is the key to success. Thanks
to all of the parishes who did indeed
publicize our event for us! | also
leveraged a couple of email
distribution lists to include the official
VADP list and the Arlington Diocesan
Young Adult email list. The interesting
thing is that the event went “viral”. By
the day of the event, it had apparently
appeared in many other email

Issue No.

distributions, event notifications, and
newsletters. Even to the point where
some of my fellow organizers were
getting notified about the event
themselves!

Q: What did you learn in organizing and
hosting this event in your community?

A: | learned that it takes a lot work and
contribution from a team of folks to pull
something like this off. From folks at the
parish that helped with the facilities to
the speakers to the people who
brought refreshments. But | also
learned that it is all worth it. There are a
lot of people who want change and
who are passionate about making a
difference. And if we can build
enough momentum so that our
legislators in Richmond can understand
that the tide is turning, then perhaps we
can start to see change. If we can
save one life, isn't it all worth it?

Q: What was the most positive outcome
of this event?

A: After the event | had several folks
form other parishes approach me
voicing a desire to “replicate” this
event at their parish and asked for my
assistance. | am looking forward to
helping any organization who would
like to do this. The time for change is
now and there is momentum building
and we must capitalize on this.

Virginia Lifelines * P.O. Box 4804 * Charlottesville, VA 22905 * (434) 960-7779 © (888) 567-8237

1

VADP

P.O. Box 4804
2) Charlottesville, VA 22905

(434) 960-7779
WALXEIINIVAN mela = (888) 567-8237

ALTERNATIVES

TO THE DEATH PENALTY

6 Things You Can Do
to Abolish the Death Penalty in Virginia

1. Host an Event in your community. VADP will help you
craft an event specific to your community group,
church, or other organization. The many options for
programming include educational forums, film
screenings, and a talk by a member of our growing
Speakers Bureau.

2. Spread the Word- Sign up friends, family, members of
your church or local community group to become part
of VADP. We all have people in our lives that agree with
us about the need for abolition, but they may not be
connected or active in the movement. Ask them to be
part of VADP’s email or mailing lists so that they can stay
informed about events in their area, executions, and
death penalty legislation.

3 .There are a variety of ways that you can volunteer
your time. Consider Tabling at Local Concerts and
Events. Music concerts, art shows, conferences, and fairs
are all great opportunities to educate the public on the
death penalty and make the abolition movement more
visible in our communities.

Issue No. 1

Non-profit
Organization
U.S Postage PAID
Richmond, VA
Permit No. 119

4. Want to participate in a social abolition activity?
Host a House Party to raise awareness about the death
penalty and even money for abolition activities. Turn a
regular weekend gathering into a call for abolition.
Contact us for ideas on how to combine your activism
with your social calendar.

5. Contact Your Legislators and let them know that you
are opposed to capital punishment. You can meet with
them at the 2010 Advocacy Day, write or call them, or
schedule an in person meeting.

6. Support abolition work in Virginia by making a
Donation to VADP. To learn more about our work, visit
our website, www.vadp.org, or contact us via phone
or email.

To become involved in one or more of these ways,
please contact us: office@vadp.org or (434) 960-7779.

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