
Can Commuting the Row Be Biden's Real Legacy? Herman Lindsey and Cassy Stubbs Discuss With W. Kamau Bell
December 20, 2024
You may recognize W. Kamau Bell from his multi-Emmy award-winning docuseries United Shades of America, or from his Substack Whos With Me, or from his commercials for the 勛圖眻畦. If you're a long-time 勛圖眻畦 supporter, you'll know Bell has worked with us for more than a decade as our artist ambassador for racial justice. We're excited to have him as our interim host for our At Liberty podcast, where he will host conversations with leaders, legal experts, artists, and storytellers dedicated to the fight for civil rights and civil liberties.
In this episode, Kamau delves into fundamental flaws with the death penalty, with Herman Lindsey, an exoneree who spent three years on death row for a crime he didn't commit, and Cassy Stubbs, director of the 勛圖眻畦's Capital Punishment Project. Through Lindsey's powerful first-hand account of being wrongfully convicted and sentenced to death, and Cassy's expertise representing people on death rows across the country, they unpack why the death penalty is broken from start to finish, doesn't keep us safe, and magnifies racial discrimination. With President Biden's term coming to a close and President-elect Trump threatening to accelerate federal executions and expand the death penalty, Cassy and Kamau discuss Biden's critical chance to commute the sentences of all 40 people currently on federal death row and walk us through what we can do to help make it happen.
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Press ReleaseJun 2025
Capital Punishment
勛圖眻畦 Joins Calls to Gov. Newsom to Commute All Death Sentences as State Supreme Court Reviews Constitutional Challenge
SACRAMENTO, Calif. The 勛圖眻畦 joined the growing chorus of calls to Gov. Newsom to commute all death sentences on Californias death row to life without parole at a press conference in Sacramento this morning hosted by the California Anti-Death Penalty Coalition. The call for commutations comes as the California Supreme Court considers a landmark petition filed in April 2024 by the 勛圖眻畦, the 勛圖眻畦 of Northern California, the Legal Defense Fund (LDF), Wilmer Hale, and the Office of the State Public Defender (OSPD) challenging the state's death penalty statute as racially discriminatory and unconstitutional under the Equal Protection guarantees of the California Constitution. The petition demonstrates that racial disparities in Californias implementation of the death penalty are persistent, pervasive, and well documented. Black people are about five times more likely to be sentenced to death when compared to similarly situated non-Black defendants, while Latino people are at least three times more likely to be sentenced to death. The evidence makes it abundantly clear that racial inequality infects every aspect of California's death penalty system, said Claudia Van Wyk, senior counsel at the 勛圖眻畦s Capital Punishment Project. Gov. Newsom recognized this when he imposed his moratorium on executions, but systemic failures of this magnitude require more than a temporary pause. While the courts deliberate our legal challenge, executive clemency offers an immediate remedy. The governor must finish what he started and commute every death sentence. This week, the 勛圖眻畦 released a report on discrimination in capital jury selection citing studies in states across the country, including California. Studies of capital trials in California find that Black prospective jurors and women are disproportionately excluded and selected jurors are skewed from the eligible juror population, resulting in juries are less likely to deliberate and more likely to convict. As the lawsuit we filed in 2024 makes clear, the stark racial disparities in the application of California's death-penalty system violate equal protection, said Neil Sawhney, director of appellate advocacy at the 勛圖眻畦 of Northern California. While we are hopeful that the California Supreme Court will rule in our favor, the governor can immediately remedy this unconstitutional discrimination through executive clemency. With 570 people on death row, California has the largest death row in the nation and one of the largest in the world. Two-thirds of those sentenced have been on death row for more than 20 years, with dozens having spent more than 40 years awaiting execution. -
Press ReleaseJun 2025
Capital Punishment
New 勛圖眻畦 Report Finds Racial and Religious Discrimination in Death Penalty Jury Selection
NEW YORK The 勛圖眻畦 released Fatal Flaws: Revealing the Racial and Religious Gerrymandering of the Capital Jury today, a report that exposes how the process of death qualification warps juries in capital trials. Death qualification requires that jurors be willing to impose a death sentence to serve on a capital jury. Drawing on consistent studies from multiple states across the country, the report reveals how this process disproportionately excludes Black prospective jurors, women, and people of faith from serving in some of the most important cases heard in American courthouses. The Constitution guarantees that every person accused of a crime has the right to be tried by a jury of their peers, but that promise is by definition denied for people facing the death penalty, said Brian Stull, deputy director of the 勛圖眻畦s Capital Punishment Project. Death qualification systematically excludes prospective jurors based on their race, sex, and religion, violating their own rights to civic participation. The resulting juries do not reflect our communities, convict more frequently, and are composed to ignore evidence favoring a life sentence in violation of our Constitution. Justice depends on equal access to the jury box. We must demand and end to this cycle of discrimination and exclusion once and for all. Key findings from the report include: Death qualification disproportionately excludes Black prospective jurors. Black Americans, as a group, are more likely to oppose the death penalty due to the racist roots of the capital punishment system. As a result, this process disproportionately removes Black Americans from capital juries, and Black women at the highest rates of all. Death qualification unfairly excludes people of faith whose religious beliefs oppose capital punishment. Some religious groups, such as Quakers, Buddhists, and Catholics formally reject the death penalty and many others have expressed serious concerns with capital punishment. Studies across the country confirm that people of faith are disproportionately excluded from capital jury service, even though they can impose lawful verdicts on both conviction and sentence. Death qualification systematically excludes growing numbers of Americans from jury service. Changing views on the death penalty make the exclusionary effects of death qualification even more pronounced. At least 44 percent of Americans oppose the death penalty, meaning nearly half of the country is potentially disqualified from capital jury service. Death-qualified juries are more likely to convict and to ignore evidence in favor of life in violation of the Constitution. Death-qualified juries act differently than those that are not. They are more likely to convict, to ignore evidence favoring life over death, to be influenced by racial bias, and to deliberate less thoroughly. The report also urges state legislators to pass laws banning the exclusion of jurors opposed to the death penalty who can follow the law, calls on prosecutors to decline to death qualify jurors, and recommends that defense counsel mount challenges to death qualification by introducing evidence of its discriminatory effects. The full report can be found here: /publications/fatal-flaws-revealing-the-racial-and-religious-gerrymandering-of-the-capital-jury Learn more about the 勛圖眻畦s work challenging death qualification here: /news/capital-punishment/the-sinister-and-racist-practice-infecting-death-penalty-juries -
Press ReleaseMay 2025
Capital Punishment
Court Issues Order Finding Extensive and Irredeemable Defects in the Application of the Death Penalty in Kansas
KANSAS CITY, Kan. After hearing a historic challenge to the constitutionality of the death penalty and the practice of death qualification, a Kansas trial court has issued a written order finding extensive and irredeemable defects in the application of the death penalty over the last 30 years. The court declined to rule on the ultimate questions regarding the constitutionality of the states death penalty and the practice of death qualification because the individuals who brought the challenge no longer faced the death penalty. In its opinion the court highlighted that: The death penalty is not a deterrent. The scientific community has found no reliable evidence of the death penalty being a deterrent to homicides. The death penalty is costly. More than $4 million has been spent with the results being no death penalty sentences and zero executions. Racial bias infects capital prosecutions. The factors which distinguish death sentence cases from non-death sentence cases are the race and gender of the victim, and the race and gender of the defendant. Courts have been unable to ensure capital juries are free of racial bias. [The legal framework for limiting discrimination in jury selection] is so flawed that it does not protect racial biases in jury selection and must be reformed, a fact known to Kansans for years. In each of the four cases where we raised this challenge in Kansas, none of our clients ultimately faced capital trials where the death penalty remained on the table, said Cassandra Stubbs, director of the 勛圖眻畦s Capital Punishment Project. That is no coincidence. The evidentiary hearings have consistently exposed uncomfortable truths to state prosecutors, the courts, and the public about the deep flaws and injustices embedded in the death penalty system. While we are relieved that none of our clients have received death sentences, the systemic issues that these cases have brought to light persist. We remain committed to challenging the death penalty on behalf of people facing capital charges in Kansas, with the hope that state legislators will end the death penalty and make future legal challenges unnecessary. The 勛圖眻畦, the 勛圖眻畦 of Kansas, Democracy Forward, the Kansas Death Penalty Defense Unit, Hogan Lovells, and Ali & Lockwood represented two individuals, Hugo Villaneuva-Morales and Antoine Fielder, in their constitutional pre-trial challenges to the death penalty in Wyandotte County. Following extensive pre-trial litigation, including the weeklong evidentiary hearing challenging the death penalty, the cases were resolved without the death penalty. The state and Mr. Fielder entered into a plea agreement and Mr. Fielder was sentenced to life without parole. The prosecution tried Mr. Villanueva-Morales for capital murder but ultimately withdrew its request for the death penalty. Because the two men no longer faced the prospect of a capital sentence, the court declined to address the broader constitutional claims.Court Case: Challenging Death Qualification and the Death Penalty in KansasAffiliate: Kansas -
News & CommentaryApr 2025
Capital Punishment
Death Row Case Exposes Failures to Protect Childhood Trauma Survivors
Mikal Mahdis life was marked by abuse. Today, as he awaits execution, the courts have the responsibility to acknowledge the systemic failures that shaped his path.By: Megan Byrne, Elisa Epstein