Death penalty opponents now have a definitive example to cite; death penalty proponents have an agonizing case to consider.
A Columbia Law School professor and some of his students gather and present evidence establishing the innocence of Carlos DeLuna, executed for murder in Texas in 1989.
Legal scholar Liebman (co-author: Federal Habeas Corpus Practice and Procedure, 2001) begins (and ends) with Justice Antonin Scalia, who famously said in 2006 that there has not been a single case of wrongful execution. Perhaps this one will change his message? The author acquired the old transcripts, interviewed many of those involved, read the newspaper clippings and watched the TV news coverage—in general, he and his team behaved as the authorities in Corpus Christi should have but manifestly didn’t. In 1983, DeLuna was accused of stabbing Wanda Lopez, a gas station clerk, and was apprehended less than an hour later. Intellectually damaged, DeLuna denied the crime from the beginning to the very moment of his execution. Liebman and the others discovered that there was another Carlos—Carlos Hernandez—who was patently guilty. He and DeLuna looked a lot alike, but the violent Hernandez, a career criminal who later died in prison, carried (and often used) a knife and later told more than one person that he had actually committed the murder. Liebman’s team went over the physical evidence thoroughly (there was none connecting DeLuna to the case) and tacitly and explicitly accuse the Corpus Christi authorities of a rush to judgment. The author offers numerous photographs, charts and other documents (some are from police reports and trial evidence), as well as a website that presents much more of it. The chapter about DeLuna’s execution is wrenching. Liebman concludes with thoughts about how something like this could happen—and what we need to do to prevent it from happening again.
Death penalty opponents now have a definitive example to cite; death penalty proponents have an agonizing case to consider.Pub Date: July 8, 2014
ISBN: 978-0-231-16723-9
Page Count: 464
Publisher: Columbia Univ.
Review Posted Online: May 17, 2014
Kirkus Reviews Issue: June 1, 2014
The author brings the case for judicial redress before the court of public opinion.
A former Justice Department lawyer, who now devotes her private practice to federal appeals, dissects some of the most politically contentious prosecutions of the last 15 years.
Powell assembles a stunning argument for the old adage, “nothing succeeds like failure,” as she traces the careers of a group of prosecutors who were part of the Enron Task Force. The Supreme Court overturned their most dramatic court victories, and some were even accused of systematic prosecutorial misconduct. Yet former task force members such as Kathryn Ruemmler, Matthew Friedrich and Andrew Weissman continued to climb upward through the ranks and currently hold high positions in the Justice Department, FBI and even the White House. Powell took up the appeal of a Merrill Lynch employee who was convicted in one of the subsidiary Enron cases, fighting for six years to clear his name. The pattern of abuse she found was repeated in other cases brought by the task force. Prosecutors of the accounting firm Arthur Andersen pieced together parts of different statutes to concoct a crime and eliminated criminal intent from the jury instructions, which required the Supreme Court to reverse the Andersen conviction 9-0; the company was forcibly closed with the loss of 85,000 jobs. In the corruption trial of former Alaska Sen. Ted Stevens, a key witness was intimidated into presenting false testimony, and as in the Merrill Lynch case, the prosecutors concealed exculpatory evidence from the defense, a violation of due process under the Supreme court’s 1963 Brady v. Marylanddecision. Stevens’ conviction, which led to a narrow loss in his 2008 re-election campaign and impacted the majority makeup of the Senate, seems to have been the straw that broke the camel's back; the presiding judge appointed a special prosecutor to investigate abuses. Confronted with the need to clean house as he came into office, writes Powell, Attorney General Eric Holder has yet to take action.
The author brings the case for judicial redress before the court of public opinion.Pub Date: May 1, 2014
ISBN: 978-1-61254-149-5
Page Count: 456
Publisher: Brown Books Publishing Group
Review Posted Online: April 29, 2014
Kirkus Reviews Issue: May 1, 2014
Told with mettle and intelligence, Sebold’s story of fierce determination to wrest back her life from her rapist will...
A stunningly crafted and unsparing account of the author’s rape as a college freshman and what it took to win her case in court.
In 1981, Sebold was brutally raped on her college campus, at Syracuse University. Sebold, a New York Times Magazinecontributor, now in her 30s, reconstructs the rape and the year following in which her assailant was brought to trial and found guilty. When, months after the rape, she confided in her fiction professor, Tobias Wolff, he advised: “Try, if you can, to remember everything.” Sebold heeded his words, and the result is a memoir that reads like detective fiction, replete with police jargon, economical characterization, and film-like scene construction. Part of Sebold’s ironic luck, besides the fact that she wasn’t killed, was that she was a virgin prior to the rape, she was wearing bulky clothing, and her rapist beat her, leaving unmistakable evidence of violence. Sebold casts a cool eye on these facts: “The cosmetics of rape are central to proving any case.” Sebold critiques the sexism and misconceptions surrounding rape with neither rhetoric nor apology; she lets her experience speak for itself. Her family, her friends, her campus community are all shaken by the brutality she survived, yet Sebold finds herself feeling more affinity with police officers she meets, as it was “in [their] world where this hideous thing had happened to me. A world of violent crime.” Just when Sebold believes she might surface from this world, a close friend is raped and the haunting continues. The last section, “Aftermath,” has an unavoidable tacked-on-at-the-end feel, as Sebold crams over a decade’s worth of coping and healing into a short chapter.
Told with mettle and intelligence, Sebold’s story of fierce determination to wrest back her life from her rapist will inspire and challenge.Pub Date: Aug. 1, 1999
ISBN: 0-684-85782-0
Page Count: 240
Publisher: Scribner
Review Posted Online: Jan. 2, 2011
Kirkus Reviews Issue: June 1, 1999
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