Thursday, December 2, 2010

Reggie Clemons - The Flaws in the U.S. Death Penalty System

Reggie Clemons was sentenced to death in St. Louis as an accomplice in the 1991 murder of two young white women, Julie and Robin Kerry, who plunged from the Chain of Rocks Bridge into the Mississippi River. Two other black youths were also convicted, including Marlin Gray (executed in 2005). Clemons has consistently maintained his innocence. His case illustrates many of the flaws in the U.S. death penalty system.

At the time of the trial, the prosecution conceded that Clemons neither killed the victims nor planned the crime; there is no physical evidence that ties him to the crime itself or the events leading up to it. Clemons alleges that he confessed under the pressure of police brutality to raping one of the victims. He never confessed to the murders. He subsequently retracted his confession. Two other suspects independently alleged mistreatment by the police. Witnesses attest to Clemons' face being swollen after his interrogation.

Four federal judges have agreed that the prosecutor's conduct was "abusive and boorish." The prosecutor had a history of criticism from both state and federal courts, and compared Clemons to two convicted serial killers, despite Clemons' clean record. Clemons' lawyer had experienced some past complaints as well. His co-counsel had a full-time job in another state during her representation of Mr. Clemons, resulting in poor preparation for the trial.

Of equal importance when considering the case of Mr. Clemons, is the question of race; not only were the murder victims white, but the two crucial witnesses were as well. The three convicted defendants were black, and during jury selection, blacks were disproportionately dismissed, resulting in an unrepresentative jury, given St. Louis' sizeable black population. The jury's flaws were also noted in 2002 by a U.S. District Court judge who ruled Clemons' death sentence should not stand because six prospective jurors had been improperly excluded at jury selection. 


Source: Amnesty International USA, December 1, 2010

No comments:

Post a Comment