This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.nytimes.com/2020/03/05/us/nathaniel-woods-alabama.html

The article has changed 4 times. There is an RSS feed of changes available.

Version 2 Version 3
2 Jurors Voted to Spare Nathaniel Woods’s Life. Alabama Executed Him. 2 Jurors Voted to Spare Nathaniel Woods’s Life. Alabama Executed Him.
(about 2 hours later)
ATLANTA — Nathaniel Woods never pulled the trigger, but prosecutors said he was just as guilty as the man who did. He had been a mastermind, prosecutors said, luring police officers in Birmingham, Ala., into a house where three of them were killed.ATLANTA — Nathaniel Woods never pulled the trigger, but prosecutors said he was just as guilty as the man who did. He had been a mastermind, prosecutors said, luring police officers in Birmingham, Ala., into a house where three of them were killed.
A judge sentenced him to death, but as his execution neared on Thursday, Mr. Woods had a growing number of supporters arguing that there was no evidence showing he had plotted to ambush the officers.A judge sentenced him to death, but as his execution neared on Thursday, Mr. Woods had a growing number of supporters arguing that there was no evidence showing he had plotted to ambush the officers.
Instead, his supporters claimed that Mr. Woods had been sent to death row based on a case rife with flaws as well as a practice in capital punishment cases that had been abandoned by every state but Alabama, which still allows a defendant to be condemned without a unanimous jury decision. Instead, his supporters claimed that Mr. Woods had been sent to death row based on a case rife with flaws and because of a practice in capital punishment cases that allows a defendant to be condemned without a unanimous jury decision — a practice that has been abandoned by every state but Alabama.
Mr. Woods, 44, was convicted in 2005, and at his sentencing, prosecutors portrayed him as someone who hated the police. The officers’ widows said they believed that Mr. Woods ought to die, and all but two of the jurors agreed. Mr. Woods was convicted in 2005, and at his sentencing prosecutors portrayed him as someone who hated the police. The officers’ widows said they believed that Mr. Woods ought to die, and all but two of the jurors agreed.
His execution had been scheduled for 6 p.m. local time Thursday, but there was an intense effort mobilized by death penalty activists, civil rights groups and Mr. Woods’s family to delay it. For days, they had rallied for the courts or Gov. Kay Ivey to intervene. On Thursday, Mr. Woods, 44, was executed at 9:01 p.m. local time at Holman Correctional Facility in Atmore, Ala., state officials said.
Ms. Ivey said on Thursday that she would not, but just minutes before he was set to die, the United States Supreme Court issued a temporary stay delaying his execution. An intense effort by death penalty activists and civil rights groups, which swelled in the final hours to include celebrities and prominent activists outside Alabama, ultimately failed in persuading the courts or Gov. Kay Ivey to intervene. The United States Supreme Court issued a temporary stay on Thursday evening, just minutes before his execution was scheduled to take place, but the stay was soon lifted. Ms. Ivey declined to step in.
However, the court lifted the stay later Thursday night, and Mr. Woods was executed by lethal injection at 9:01 p.m. “A jury of Mr. Woods’s peers convicted him of four counts of capital murder,” Ms. Ivey said in a statement explaining her rationale, which was issued shortly after the execution. “In the past 15 years, his conviction has been reviewed at least nine times, and no court has found any reason to overturn the jury’s decision.”
His case has highlighted Alabama’s persistence in carrying out the death penalty, even as capital punishment has increasingly fallen out of favor across the country. Advocates have also used his case, with the lack of a unanimous verdict, to bring attention to a practice neglected by other states as courts ruled that it was unconstitutional. As Mr. Woods’s case attracted widespread attention, it highlighted Alabama’s persistence in carrying out the death penalty, even as capital punishment has increasingly fallen out of favor across the country. Advocates have also used his case, with its lack of a unanimous verdict, to shine a light on a practice neglected by other states as courts ruled that it was unconstitutional.
Robert Dunham, the executive director of the Death Penalty Information Center, said that allowing death sentences without a unanimous decision “creates a heightened risk that an innocent person will be sentenced to death.” Valerie P. Hans, a law professor at Cornell University, said that unanimity, in capital punishment cases and others, tends to promote “more thorough deliberations, more accurate outcomes, increased consideration of all viewpoints in a deliberation, and greater confidence in jury decisions.”Robert Dunham, the executive director of the Death Penalty Information Center, said that allowing death sentences without a unanimous decision “creates a heightened risk that an innocent person will be sentenced to death.” Valerie P. Hans, a law professor at Cornell University, said that unanimity, in capital punishment cases and others, tends to promote “more thorough deliberations, more accurate outcomes, increased consideration of all viewpoints in a deliberation, and greater confidence in jury decisions.”
As his execution approached, Mr. Woods’ case inspired a campaign in Alabama and on social media asking for his life to be spared — or at least for his execution to be delayed. Martin Luther King III, the human rights activist and son of the Rev. Dr. Martin Luther King Jr., wrote a letter to Ms. Ivey, asking her, “Are you willing to allow a potentially innocent man to be executed?” Mr. Woods’s supporters have noted that there was no dispute that Mr. Woods was not the gunman, and that the actual gunman had also argued Mr. Woods’s innocence. They have also described inept representation; one lawyer abandoned him during his appeals process.
“He knows that people are fighting for him,” said Pamela Woods, Mr. Woods’s younger sister who had worked around the clock in recent weeks to stop his execution. “He knows people know the truth.” Mr. Woods turned down a plea deal of 20 to 25 years in prison, supporters said, because he had been misled into believing he could not be sentenced to death since he was not the gunman.
Mr. Woods’s supporters have noted that there was no dispute that Mr. Woods was not the shooter, and that the actual gunman had also argued Mr. Woods’s innocence. They have also described inept representation, with one lawyer abandoning him during his appeals process. “At literally every step of the way, Nate’s counsel has let him down,” said Lauren Faraino, a lawyer in Birmingham who has been an ardent supporter of Mr. Woods’s.
Mr. Woods turned down a plea deal of 20 to 25 years in prison, supporters said, because he had been misled into believing he could not be sentenced to death when he was not the gunman. But in a letter to the governor arguing against a reprieve, Alabama’s attorney general, Steve Marshall, said that Mr. Woods was “not an innocent bystander” and that his case had been handled properly.
“At literally every step of the way, Nate’s counsel has let him down,” said Lauren Faraino, a lawyer in Birmingham who has been an ardent supporter of Mr. Woods.
But in a letter to the governor arguing against a reprieve, Alabama’s attorney general, Steve Marshall, said that Mr. Woods was “not an innocent bystander” and his case had been handled properly.
“His trial and appeal were fair, and justice can only be achieved by the execution of his lawfully imposed sentence,” Mr. Marshall wrote. “The murder of three police officers deserves no sentences less than death.”“His trial and appeal were fair, and justice can only be achieved by the execution of his lawfully imposed sentence,” Mr. Marshall wrote. “The murder of three police officers deserves no sentences less than death.”
After the issue has come before the courts, most states have abolished the ability to impose a death sentence based on only a majority of votes. In Alabama, where the State Supreme Court has upheld its constitutionality, at least 10 jurors have to vote in favor of the death penalty for the judge to impose it. Most states have abolished the ability to impose a death sentence based on only a majority of votes. In Alabama, where the State Supreme Court has upheld the constitutionality of the practice, at least 10 jurors have to vote in favor of the death penalty for the judge to impose it.
In one of the most recent cases, Christopher Price, who was convicted of robbing and killing a minister, was executed in May; the jury at his trial reached a 10-2 decision in favor of the death penalty. In one of the most recent cases, Christopher Price, who was convicted of robbing and killing a minister, was executed in May; the jury at his trial voted 10 to 2 in favor of the death penalty.
“Historically, unanimity has been a hallmark of our jury system,” said Randy Susskind, the deputy director of the Equal Justice Initiative, an organization based in Montgomery, Ala., that seeks to fight mass incarceration and excessive punishment.“Historically, unanimity has been a hallmark of our jury system,” said Randy Susskind, the deputy director of the Equal Justice Initiative, an organization based in Montgomery, Ala., that seeks to fight mass incarceration and excessive punishment.
“In a death penalty case,” Mr. Susskind added, “where the jury is tasked with deciding whether someone should live or die — and they’re the conscience of the community, and they have already convicted the defendant of capital murder — the idea that the state is unable to convince a jury beyond a reasonable doubt is a pretty important factor.”“In a death penalty case,” Mr. Susskind added, “where the jury is tasked with deciding whether someone should live or die — and they’re the conscience of the community, and they have already convicted the defendant of capital murder — the idea that the state is unable to convince a jury beyond a reasonable doubt is a pretty important factor.”
Delaware and Florida had also been among the limited number of states that allowed judges to sentence a person to death row without a unanimous verdict. But in Delaware, the State Supreme Court in 2016 ruled it unconstitutional. (Delaware has not carried out an execution since 2012.)Delaware and Florida had also been among the limited number of states that allowed judges to sentence a person to death row without a unanimous verdict. But in Delaware, the State Supreme Court in 2016 ruled it unconstitutional. (Delaware has not carried out an execution since 2012.)
A legal battle over the role of jurors in Florida in determining death sentences ascended to the United States Supreme Court, which struck down parts of the state’s capital punishment system in 2016. As a result, state lawmakers instituted a requirement for a supermajority of 10 jurors voting in favor of the death penalty, but that was tossed by the Florida Supreme Court, which found such sentences required a unanimous vote. In Florida, a legal battle over the role of jurors in determining death sentences ascended to the United States Supreme Court, which struck down parts of the state’s capital punishment system in 2016. As a result, state lawmakers instituted a requirement for a supermajority of 10 jurors to vote in favor of the death penalty, but that was thrown out by the Florida Supreme Court, which found such sentences required a unanimous vote.
But in January, the State Supreme Court reversed its previous decision, with a majority asserting that in the earlier ruling the justices “got it wrong.” The decision created a potential opening for state lawmakers to consider reverting to the former standard.But in January, the State Supreme Court reversed its previous decision, with a majority asserting that in the earlier ruling the justices “got it wrong.” The decision created a potential opening for state lawmakers to consider reverting to the former standard.
In 2017, Alabama became the last state in the country to end a practice in which judges were allowed to override a jury’s decision of a life sentence and impose the death penalty.In 2017, Alabama became the last state in the country to end a practice in which judges were allowed to override a jury’s decision of a life sentence and impose the death penalty.
Judges in Alabama used the option to override a jury more than 100 times over four decades, a report by the Equal Justice Initiative found. In the vast majority of instances, judges overruled in favor of the harsher sentence. At one point, some 20 percent of death row inmates were condemned in cases involving a judicial override. Judges in Alabama used the option to override a jury more than 100 times over four decades, a report by the Equal Justice Initiative found. In a vast majority of instances, judges overruled in favor of the harsher sentence. At one point, some 20 percent of death row inmates were condemned in cases involving a judicial override.
In the trial of Kerry Spencer, the man who prosecutors said plotted with Mr. Woods and fired at the officers, the judge overruled a jury’s decision to impose a sentence of life in prison without parole and instead sentenced him to death. Mr. Spencer remains on death row. (In a recent interview with The Appeal, a nonprofit news organization that covers the criminal justice system, he called Mr. Woods “actually 100 percent innocent,” adding, “Nate ain’t done nothing.”) In the trial of Kerry Spencer, the man who prosecutors said plotted with Mr. Woods and fired at the officers, the judge overruled a jury’s decision to impose a sentence of life in prison without parole and instead sentenced him to death. Mr. Spencer remains on death row. (In a recent interview with The Appeal, a nonprofit news organization that covers the criminal justice system, Mr. Spencer called Mr. Woods “actually 100 percent innocent.”)
The death penalty has been on the decline in the United States, with seven states carrying out 22 executions last year, the second-lowest number since 1991. Last year, New Hampshire became the 21st state to abandon capital punishment.The death penalty has been on the decline in the United States, with seven states carrying out 22 executions last year, the second-lowest number since 1991. Last year, New Hampshire became the 21st state to abandon capital punishment.
Ms. Ivey, the Republican governor in office since 2017, has expressed a measure of discomfort over her role in capital cases and she has avoided intervening in executions. “No governor covets the responsibility of weighing the merits of life or death,” she said after one execution. “But it is a burden I accept as part of my pledge to uphold the laws of this state.” Ms. Ivey, Alabama’s Republican governor who has been in office since 2017, has expressed a measure of discomfort over her role in capital cases and has avoided intervening in executions. “This is not a decision that I take lightly,” Ms. Ivey said on Thursday, “but I firmly believe in the rule of law and that justice must be served.”
The efforts to spare Mr. Woods received a surge of momentum as he raced toward his execution date. Ms. Faraino, a one-time corporate lawyer, had stumbled across a mention of Mr. Woods’s execution in an email newsletter and it drew her interest. The efforts to spare Mr. Woods received a surge of momentum as his execution approached. Martin Luther King III, the human rights activist and son of the Rev. Dr. Martin Luther King Jr., wrote a letter to Ms. Ivey, asking her, “Are you willing to allow a potentially innocent man to be executed?”
Ms. Faraino, a onetime corporate lawyer, had stumbled across a mention of Mr. Woods’s execution in an email newsletter and it drew her interest.
She and her mother pored over thousands of pages of records from Mr. Woods’s case. Ms. Faraino then wrote a lengthy report that she shared widely, detailing the shortcomings she found with the official handling of the case and with his lawyers, all of which, she argued, posed lethal consequences to Mr. Woods.She and her mother pored over thousands of pages of records from Mr. Woods’s case. Ms. Faraino then wrote a lengthy report that she shared widely, detailing the shortcomings she found with the official handling of the case and with his lawyers, all of which, she argued, posed lethal consequences to Mr. Woods.
“The truth of the matter is,” she said, “no one has had the inclination or perhaps the resources to conduct an extensive study.”“The truth of the matter is,” she said, “no one has had the inclination or perhaps the resources to conduct an extensive study.”
In the final days before the scheduled execution, Ms. Faraino and Pamela Woods, Mr. Woods’s sister, have raced to draw more attention to the case. Ms. Woods went to the recent celebration for the 55th anniversary of the march in Selma to press civil rights activists to take on her brother’s case. In the final days before the scheduled execution, Ms. Faraino and Pamela Woods, Mr. Woods’s younger sister, raced to draw more attention to the case. Ms. Woods went to the recent celebration for the 55th anniversary of the march in Selma, Ala., to urge civil rights activists to take on her brother’s cause.
“Everybody knows that he’s innocent,” Ms. Woods said. “‘What if this?’ or ‘What if that?’ — it’s nothing like that. It’s as bright as day.” Ms. Woods said she believed her brother had found some comfort in seeing the broader public take an interest in his case.
She added, “It’s really important to me and my family that the truth gets out there.” “He knows that people are fighting for him,” Ms. Woods said the day before his execution. “He knows people know the truth.”